Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, TUESDAY, JUNE 10, 2003 No. 84 House of Representatives The House met at 10:30 a.m. and was THE CHILD TAX CREDIT did not know if the House would act on called to order by the Speaker pro tem- Ms. DELAURO. Mr. Speaker, I rise to the other body’s bill. As if that were pore (Mr. BOOZMAN). again discuss an issue of great concern not bad enough, the Chair of the Re- f to American families. I am talking publican Study Committee said in this about extending the child tax credit to morning’s Congress Daily, if the House DESIGNATION OF SPEAKER PRO families that need it most. is going to take up this legislation that TEMPORE A few weeks ago, this body passed a the Republicans should get something The SPEAKER pro tempore laid be- $350 billion tax cut bill that gave every in exchange. fore the House the following commu- millionaire in this country a $93,000 tax It is always a deal with these people. nication from the Speaker: break. It made sure every corporation It is as if there were no families who WASHINGTON, DC, still had the right to avoid paying are trying to put food on their table or June 10, 2003. taxes by relocating overseas and tak- clothes on their children’s backs. All I hereby appoint the Honorable JOHN ing American jobs with it. But the bill they care about is taking care of their BOOZMAN to act as Speaker pro tempore on shorted 6.5 million low-income families own people, like the Enrons who paid this day. who pay taxes and who are most in no taxes in 4 of the last 5 years. It was J. DENNIS HASTERT, need. These families earn between another colleague on the other side of Speaker of the House of Representatives. $10,500 and $26,625 annually. Out of a the aisle who said one must pay an in- f $350 billion bill, the President and Re- come tax in order to earn a tax credit. MESSAGE FROM THE SENATE publicans in charge of this body could That is the way it works. But she did not find $3.5 billion, 1 percent, for the not care about Enron who paid no taxes A message from the Senate by Mr. poorest American families. the last 4 out of 5 years. For Repub- Monahan, one of its clerks, announced I tried to address this problem back licans it is all about the deal. It is not that the Senate has passed a concur- on March 12 in the Committee on the about the fundamental values of fair- rent resolution of the following title in Budget, but my amendment to extend ness or of taking care of people. It is which the concurrence of the House is this tax credit to those families was about the deal, what do we get in re- requested: turned aside on a party-line vote. And turn. S. Con. Res. 49. Concurrent resolution des- then when it seemed that the Demo- We have passed three tax bills that ignating the week of June 9, 2003, as National crats had successfully included that Oceans Week and urging the President to benefit the wealthy in this last 3 years, issue a proclamation calling upon the people provision in the larger tax package but we have done nothing to help peo- of the United States to observe this week during the conference, the Republicans ple that need it the most. It is high with appropriate recognition, programs, secretly eliminated it in the dead of time the House of Representatives did ceremonies, and activities to further ocean night. Last week Democrats, united its job. I commend the President for literacy, education, and exploration. and resolute, said that that was not setting aside the quest for a deal and f enough, that these 6.5 million families urging the House to take up this bill, deserve this tax cut because they which the other body passed by an MORNING HOUR DEBATES worked every bit as hard as the 25 mil- overwhelming margin. We must restore The SPEAKER pro tempore. Pursu- lion other families that will be receiv- what was stolen in the dead of night, ant to the order of the House of Janu- ing their tax refund in the mail next and if we do not act soon, the families ary 7, 2003, the Chair will now recog- month. They pay almost 8 percent of of these 12 million children will not be nize Members from lists submitted by their income in payroll taxes or sales receiving the tax credit in the mail the majority and minority leaders for taxes. this July 1 like the other 25 million morning hour debates. The Chair will And last week the Senate restored families. Now is the time for action. alternate recognition between the par- the child tax credit to these hard-work- f ties, with each party limited to not to ing families; and just yesterday the exceed 30 minutes, and each Member, President’s spokesperson called on the PRICE CONTROLS NEVER WORK except the majority leader, the minor- House to take up that legislation, but Mr. STEARNS. Mr. Speaker, as we ity leader, or the minority whip, lim- our colleagues on other side of the aisle return from recess to write and act on ited to not to exceed 5 minutes. just do not get it. They do not see the legislation for a Medicare prescription The Chair recognizes the gentle- urgency in helping the 12 million chil- drug benefit, I am asking my col- woman from Connecticut (Ms. dren left behind by their tax bill. The leagues and the American people to re- DELAURO) for 5 minutes. majority whip said yesterday that he sist the temptation to succumb to

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

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VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.000 H10PT1 H5092 CONGRESSIONAL RECORD — HOUSE June 10, 2003 price controls. This is perennial around ada for ‘‘drugs at an artificial price set but wait, there is more. What is even here. A lot of folks believe that price by some other country would be, quite more egregious in this particular case ceilings for pharmaceuticals to be a simply, a way to rob the pharma- is that the administration chose not to feasible solution to the high costs that ceutical companies of revenue needed provide or increase the child tax credit we experience with pharmaceuticals, to refund research. It is certainly to working families making between but they never work. cheap to manufacture pills if someone $10,500 to $26,625 per year. That is right. Against the advice of economic ad- else supplies the research and develop- If they make $10,500 to $26,625 per year, visers, including Nobel Prize-winning ment funding. On average, it costs the they miss out on the child tax credit. economist Milton Friedman, one Presi- pharmaceutical companies over $800 Mr. Speaker, Republicans in the dent instituted a broad range of price million and takes 12 years to bring a other body dropped a provision added controls in August of 1971; but many of new drug to market. While countries by Senator LINCOLN that would help the Members saw the PBS series ‘‘Com- like Canada may beckon to us with nearly 12 million children and their manding Heights’’ last year in which their centrally controlled drug prices, families get such a tax credit. Out of the author, Daniel Yergin, recalled none of those types of countries can that 12 million, a staggering 8 million ‘‘the public was convinced that food begin to approach the United States in received no child tax credit under the prices were going up,’’ so the President the development of new, innovative GOP law. Mr. Speaker, the Republican ‘‘opted for wage and price controls. drugs that can save millions of lives.’’ plan in no way, shape, or form protects Voters liked the price controls, and the Citizens for a Sound Economy point the children that need it the most. In- President was reelected in a landslide.’’ out ‘‘prescription drug prices differ be- stead, the plan deliberately excludes Owing to that we can control prices tween nations based on a variety of these children. In actuality, the Repub- but we cannot control the laws of sup- factors, including per capita income lican plan should be called the ‘‘Plan to ply and demand, the economy did not and type of health care system’’ that is Leave Children Behind.’’ respond as the President hoped it provided. Perhaps one of the reasons This is why I urge my colleagues to would. Mr. Yergin said, ‘‘Right away, American seniors and disabled are support H.R. 2286, the Rangel-Davis- the economy went out of whack; people looking at Canada’s and Europe’s ceil- DeLauro bill. I am proud to be a co- couldn’t cover their costs. Ranchers ing-priced pharmaceuticals is because sponsor of this bill. It is a great start stopped sending their cattle to market. that is what they lack. We do not hear to preparing the damage inflicted by Farmers started drowning their chick- seniors asking for relief on the prices the administration’s reckless and neg- ens. Instead of controlling inflation, of outpatient visits or MRIs because ligent tax package. H.R. 2286 would re- they were controlling shortages.’’ they are not paying out of pocket store the child tax credit to families To those old enough to remember themselves. making minimum wage by providing 1971, remember those price ceilings? One more unique viewpoint, that of greater tax relief to working families. Lines for gas were all over the place for interfering with Americans’ right to Nineteen million children and their our cars. Black markets were started. vote with their dollars: Americans for families would benefit from this bill. In New work started for organized crime. Tax Reform ponders how the ‘‘impact fact, over 2 million children in my Shortages on grocery shelves. And of Canadian subsidies on the U.S. mar- home State of Texas would benefit prices still continued to rise, while just ket will affect American taxpayers. under the Rangel plan. as the public clamored about too ex- Government subsidies of any kind In addition to the child tax credit, pensive food, some begged for more interfere with market forces to drive H.R. 2286 would create more jobs. The price controls. competition and innovation. Foreign provisions in this bill are key elements Why do price controls not work? Ac- subsidies usurp taxpayers’ ability to af- to the House Jobs and Economic cording to even a basic-level college fect democratically the prices of nec- Growth package and would create more text dealing with macroeconomics by essary medicines.’’ than 1 million jobs without adding one Byrns and Stone, ‘‘price ceilings keep The solution is not for Congress to penny to the deficit, welcome relief in monetary prices from rising but not manipulate prices, but to expand cov- a State like Texas where we are look- average opportunity costs . . . there erage to Medicare beneficiaries, to ex- ing at our highest unemployment in 10 will be excess demand (or shortages). pand private sector health insurance years, reaching close to 7 percent. But price ceilings keep prices down, do coverage to the uninsured. Price con- Lastly, this bill has key elements that not they? Unfortunately, the answer is trols never work. would ensure our brave men and NO!’’ This is from a basic text in all of f women in uniform are not denied tax our college economic courses. relief just because they are on active THE IRONY OF NO CHILD LEFT The people who most value a good or duty. BEHIND service and are willing to pay an extra Mr. Speaker, I urge my colleagues to dollar in nonprice resources, such as The SPEAKER pro tempore. Pursu- support H.R. 2286. This tax plan is fair. waiting time, lobbying efforts, bribery, ant to the order of the House of Janu- It helps America’s economy, America’s or black market premium, will do so. ary 7, 2003, the gentleman from Texas men and women in uniform, and it Have the Members noticed that more (Mr. BELL) is recognized during morn- helps America’s working families. Most than a few Canadians who live under a ing hour debates for 5 minutes. importantly, it allows us to not just price-controlled health care system, if Mr. BELL. Mr. Speaker, I rise today talk about it, but it allows us to actu- they need health care beyond their pri- to talk about the irony of No Child ally leave no child behind. Left Behind, a very popular phrase here mary care, what do they do? They trav- f el to the United States to get it be- in our Nation’s Capitol. My colleagues cause it is the best in the world. So the on the other side of the aisle tout No INNOVATION, MANUFACTURING, Members do not have to trust what I Child Left Behind when in actuality AND JOBS am saying today. Just read some of the they deliberately choose to leave mil- The SPEAKER pro tempore. Pursu- basic text in our college economic lions of children behind. ant to the order of the House of Janu- courses. President Bush signed a new law that ary 7, 2003, the gentleman from Michi- But why is it that a majority of phar- would provide tax cuts of $93,500 to the gan (Mr. SMITH) is recognized during maceutical innovation occurs in the 200,000 taxpayers making over $1 mil- morning hour debates for 5 minutes. United States? Because the free mar- lion. Let us go over that again: $93,500 Mr. SMITH of Michigan. Mr. Speak- ket offers a reward to undertaking that in tax cuts to the 200,000 taxpayers er, I rise this morning to talk about risk. How many blockbuster drugs has making over $1 million. However, 53 the danger of losing good-paying jobs Canada invented lately? The National percent of all taxpayers will get less and our strong economy here in the Taxpayers Union warns lawmakers than $100 under the GOP tax cut, just United States. ‘‘America is the world leader in the re- another example of the administration Manufacturing has been America’s search and development that results in choosing the wealthiest over America’s economic strength. For 3 decades now, innovative lifesaving medications.’’ working families. But as they used to manufacturing productivity has in- For the United States to look to Can- say on the old television commercials, creased more than any other sector of

VerDate Jan 31 2003 01:18 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.061 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5093 our economy. The average manufac- lars monitoring our government fund- trying to provide them clothes for turing worker produces four times as ing basic research and then spend the school, food for the summer, a camp, a much per hour as the average worker rest of their government money to program, YMCA, they are not part of did 50 years ago. As a result, manufac- apply that research for commercial the American family. turing has been one of the most impor- products ahead of our getting that ap- I want to tell the Members some- tant parts of the economy and has pro- plication in the United States. thing. Here is an American official, a duced higher living standards for Another problem we face is the short- government official who said nobody is Americans as those products from age of math and engineering talent. going to quibble about paying a few American manufacturing have become The United States has long lagged far dollars into this economy. cheaper and better and wages in manu- behind other nations when it comes to I am going to quibble. I do not know facturing have risen. But now we are producing top-notch engineering and whom he talks to. I do not know who is losing our manufacturing base as we research talent. Let me just give an ex- paying him except for all Americans, tend to move towards a service econ- ample of China. China produces 10 and he says nobody is going to quibble? omy. times as many engineers as we do in But what we are quibbling about is With manufacturing suffering in re- the United States. This cannot con- whether the children of America, 12 cent years, other industries such as the tinue if we expect to continue a strong million children, 6.5 million families, service sector have offered alternative economy in the United States. It can- are going to get the same sense of employment. The trouble is that manu- not continue to go on without erosion value here in America that we are say- facturing cannot be simply replaced by of our international competitiveness. ing in Iraq that for 20 bucks a day they insurance companies or the legal pro- That is why I have pushed NSF to do a do not have to show up for work and we fession or retail trades. There are only better job of promoting math and will pay them. But here if they show up four economic sectors that generate science careers to students. We need for work, work hard and pay their material wealth. Only four. And they more capable math and science stu- taxes, they do not deserve a tax cut, are agriculture, where they produce dents for research and business and for that they are unappreciative. things; mining, where they produce our future. Who are these children? They are things; manufacturing, where they In summary, Mr. Speaker, the de- America’s children, and they have done produce things; or construction. And cline in manufacturing employment is right. Parents are trying to raise them those are the four. Of those, only man- something that we ignore at our peril. with good values, trying to teach them ufacturing is not limited by natural re- Over the long term, we cannot hope to right from wrong. And what do we do sources and is capable of export. have a healthy and growing economy in Congress? We turn those values on We need innovation to produce better unless we make lots of tangible goods their head. We turn those values upside products at competitive prices to re- that people want to buy both in the down and say if they work full time gain our manufacturing leadership. We U.S. and overseas markets. Govern- trying to do right by their kids, they cannot pay American-level wages un- ment needs to support not only basic do not deserve a tax cut. We are going less we can still be competitive. That research but to provide incentives for to treat Iraqis with a different sense of means innovation for quality products American business to develop applica- values, a different sense of apprecia- and increased productivity. Innovation tions to ensure continued economic tion. starts with basic research, followed by health. Let us be clear about what this says application and commercialization. f about who we are. America’s children. As chairman of the Subcommittee on Enron in the last 4 out of 5 years had Research under the Committee on IN SUPPORT OF THE CHILD TAX record profits, did not pay taxes 4 out Science, I am familiar with the govern- CREDIT of 5 years. They got breaks. WorldCom, ment’s efforts to find and promote The SPEAKER pro tempore. Pursu- $12.5 billion in profits, 2 out of 3 years basic research, mostly through the Na- ant to the order of the House of Janu- did not pay any taxes. They were big tional Science Foundation. NSF has ary 7, 2003, the gentleman from Illinois recipients of government contracts, yet seen substantial increases in recent (Mr. EMANUEL) is recognized during did not pay taxes. We are paying their years, and we need to ensure that this morning hour debates for 5 minutes. taxes. Tyco decided to move their ad- money is spent in ways that research Mr. EMANUEL. Mr. Speaker, yester- dress down to Bermuda, got a new ZIP discoveries can have the greatest im- day’s New York Times story ran a code, new area code. $600 million dol- pact in terms of promoting innovation headline: ‘‘Iraqis Are Out of Jobs, But lars in government taxes were not paid; and practical application for United Pay Day Still Comes.’’ With the admin- yet they got benefits in government States businesses. The development of istration’s blessing, 200,000 Iraqis are contracts. That is a form of corporate basic research for industrial use has receiving $20 a day for no-show jobs. welfare. If they do not pay, if they do generally been the province of busi- They do not work. They do not show up not work and they are a corporation, nesses which undertake these efforts to for work. They do not do any work. we take care of them. America’s chil- create new products. Unfortunately, Twenty bucks a day. I come from Chi- dren, 12 million of them, we are not according to witnesses at a recent cago, from Cook County. We like no- going to give them a tax cut. Committee on Science hearing, appli- show jobs. We think that is a good Recently on a Friday, the unemploy- cation is the hardest part. Companies thing. We built an entire political ment rate hit 6.1 percent. When this facing intense competitive pressure party on no-show jobs, not at 20 bucks President came to office, the unem- find it difficult to set aside sufficient a day; but for everybody’s apprecia- ployment rate was 4 percent. Nearly 3 resources, money, to develop new prod- tion, in the last 2 months we have million Americans have lost their jobs, ucts, especially if the results cannot be given Iraqi families nearly $900. That is and we have added $3 trillion to the Na- anticipated before 5 or 6 years. So we equal to the amount that we would pay tion’s debt. What a deal, as we would are having a gap. Government is now for the child credit. So we are paying say back in Chicago. $3 trillion dollars the substantial payer of basic research; Iraqis and Iraqi families 900 bucks over added to the Nation’s debt, and Ameri- and having that research with tech the last 2 months, which is equal to cans are paying with their jobs. transfer and to apply that research for what we are fighting over here, which I I believe the Senate did right. They better and more products and efficient do not believe we need to fight here in did right by our values as Americans; ways of manufacturing is what we are the House since the Senate agreed 94 to and I know people on the other side of lacking. 6 for the same amount of money. Yet the aisle. They are good people with Development also suffers from low somehow we said in Iraq if they do not good values, but those values that left prestige. The academic community and work, if they do not show up for work, the 12 million children on the floor Federal grants generally reward those we will give them 20 bucks a day. It is while corporate interests were circling who seek knowledge for knowledge’s a no-show job. It looks pretty good to the conference room are not the values sake rather than those who do the nec- me. But here if they work full time, we came here to vote for. We all came essary development work. Some for- trying to help their families, trying to not just to be a vote, but we came to be eign countries spend their research dol- raise their kids with the right values, a voice for our values and the values

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.011 H10PT1 H5094 CONGRESSIONAL RECORD — HOUSE June 10, 2003 that say WorldCom is going to get pro- A student athlete’s success is not of Americans and left out those who tected; Iraq, 20 bucks, no-show jobs, merely measured by athletic perform- make between $10,000 and $26,000. they are going to get protected; 6.5 mil- ance, however. This 18-member team That is why I am here to support the lion American families work full time, holds a cumulative 3.3 grade point av- Rangel-DeLauro bill as an original co- making somewhere around $20,000, and erage. During her 19-tenure as coach, sponsor to restore that tax credit. I am talking about a rookie cop, first- Linda Gooch has witnessed all but one What does that mean? That when the year teacher, first-year emergency of her team members earning bachelors checks are issued in July to all the worker, those types of people, they are degrees, an all-too-rare accomplish- millions of others who are doing well, a not getting a tax cut. They are not ment in Division I competitive student tax credit for children, $400 to make it worthy of it. athletic programs. Today I will submit a total of $1,000, who will be left out? What does that say about who we a resolution with many colleagues Those who make the 10,000 to $26,000. are? So that tax bill is not just dollars from Florida commending the fabulous Are they the deadbeats of America, are and cents. It is a reflection of our val- success of the University of Central they the undeserving, are they the ones ues as Americans. And this person, this Florida cheerleading team on its cham- that my good friends on the other side body, is going to quibble with an Amer- pionship this year and wish them con- continue to hammer over and over ican official who thinks that somehow tinued success in the future both on again they do not pay taxes? I reject it. paying 20 bucks a day not to shows up and off the field. I refute it. It is ridiculous. They pay for work is valuable; but if one shows f payroll taxes. They pay property taxes. up every day trying to provide for their They pay sales taxes. They contribute children, that is not valuable and it is THE CHILD TAX CREDIT, THE RE- to America’s economy. How dare you not worthy of a tax cut. It is worthy of PUBLICAN TAX BILL, AND THE provide this elitist response that these a tax cut. Those children are America’s RANGEL PACKAGE working families who get up every day children. That mother and father earn- The SPEAKER pro tempore. Pursu- and clean tables, these working fami- ing $20,000 are as valuable as if that ant to the order of the House of Janu- lies who get up every day and help mother and father were earning ary 7, 2003, the gentlewoman from build America, are you telling me that $200,000. Texas (Ms. JACKSON-LEE) is recognized they do not deserve a tax credit on So I would say that this House, this during morning hour debates for 5 min- their children? body, we did not come here to just be utes. The reason, Mr. Speaker, that I add a vote. We came here to give voice to Ms. JACKSON-LEE of Texas. Mr. to this is that we have the worst unem- our values and the values that we all Speaker, yesterday in Houston, Texas, ployment in America that we have had represent regardless of what part of the I stood with carpenters and letter car- in America’s history amongst any country we come from. Regardless of riers, working families who work for President in the United States. We what party we are from says that those the communications industry of the have gone up to 6.1 percent unemploy- 12 million children, they too deserve to Nation, builders who build in the hot ment with unemployed reaching $3.1 go to school, they too deserve to go to sun and the very cold winters, and million. That means that the very peo- the YMCA, they too deserve to go to those who take our plates away in res- ple we are talking about per child tax the summer camp, and they too de- taurants and hotels. Some would call credit may have only one bread winner serve for their parents to put funds them the working class: low-income in the family. Not two, but one. And away for their higher education; and families, middle-income families. The that means that children who need we in this body need to take up the one thing that they probably are not these dollars maybe for the beginning Senate bill, take up the DeLauro bill considered to be in this Nation, though of the school year are now denied be- and vote on it immediately so the I abhor any sense of class distinctions, cause of the elitist attitude of this President can sign it so that on July 1 but they probably would not be consid- Congress and the Republican leader- their tax cut gets sent too so that when ered elite. ship. they show up for school like the Iraqis So I stand here today, Mr. Speaker, Mr. Speaker, I refuse to stand with who do not show up for work, they get in arguing on their behalf, particularly that kind of Neanderthal thinking. I a tax cut too. in light of the very inequitable tax bill prefer standing with the hundreds who that was passed just a few weeks ago. I stood with me, working men and f think the argument could be made that women who are appalled by the lack of UCF CHAMPIONSHIP the elite went free on that day and a tax credit and equally appalled by CHEERLEADING TEAM they marched the working poor and the the opportunity or the effort by this The SPEAKER pro tempore. Pursu- working Americans into a locked jail particular body, this Republican ma- ant to the order of the House of Janu- and threw the key away because the jority, to put a comp time bill on the ary 7, 2003, the gentleman from Florida $550 billion tax cut that the President floor of the House which eliminates (Mr. FEENEY) is recognized during signed clearly did not represent work- any opportunity for individuals who morning hour debates for 5 minutes. ing families of America, clearly did not get overtime pay and gives them only, Mr. FEENEY. Mr. Speaker, it is a big represent individuals whose income only compensation by giving them thrill to rise today to honor a home- may fall between $10,000 to $26,000. comp time off. Not when they need it, town university, the University of Cen- Mr. Speaker, I am not interested in Mr. Speaker, but when the employer tral Florida, and their cheerleading having a class between incomes. I cer- says they can have it. team for their Division I championship tainly appreciate those who have made So here we go. We have got a tax sce- and cheerleading and dance team com- their way in this Nation and have built nario that penalizes working families. petition this year. UCF President John their income and capital upon the de- We have a working bill that violates Hitt and the entire UCF family are mocracy and the free opportunity for the Fair Labor Standards Act, and we simply thrilled with the success and business in this Nation. But, frankly, I have an overall package that we are are extraordinarily proud of this ac- think it is appalling and an outrage trying to help Americans and we can- complishment. In fact, this is no fluke. that we can be in this Congress, take not seem to get it on the floor of the UCF cheerleaders have finished in the our income every day, take the bene- House. We need to get the Rangel- top 10 for 9 out of the last 10 years. fits of this Nation, and refuse to pro- DeLauro bill, H.R. 2286, on the floor of Talk about consistency. All champions tect the least of those. The Senate has the House now, this week. We must exhibit quiet determination; but two passed a bill. It has fixed its error. The continue to fight for providing them teammates especially, Jamie Woode first error came when they refused to along with our United States military and James Kersey, demonstrated ex- take the Lincoln amendment in the personnel whose salaries fall within ceptional resolve above and beyond the last hours, Senator LINCOLN’s amend- that $10,000 to $26,000 a year. We have call by competing with serious injuries, ment in the last hours of the tax nego- got to stand to create jobs when we a broken fibula for Jamie and a torn tiations. They left the working people have seen such an enormous loss of rotator cuff for James. That is the UCF off the table. So they enacted a bill jobs. Mr. Speaker what we have here is Knights spirit. that values the elite few over millions a failing of the United States Congress,

VerDate Jan 31 2003 01:18 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.004 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5095 failing of our constitutional duties and The Range package will benefit 19 million Persian Gulf War, Saddam Hussein and certainly a failing to the American children in America; over 2 million children in his regime as a part of the cease fire people. Vote for the Rangel-DeLauro Texas alone. agreement acknowledged extensive bio- bill, and vote to eliminate the bad Furthermore, the Rangel bill would accel- logical and chemical weapons pro- comp bill that will destroy working erate marriage penalty relief for families that grams; and I cite now from UNSCOM’s families all over America. receive the Earned Income Tax Credit. And it sources, the U.N. agency responsible Just over 1 week ago, the President signed is fully paid for—the bills calls for no deficit for overseeing the cease fire of Iraq, a new law that provides tax cuts of $93,500 to spending. that Iraq itself acknowledged 10,000 the 200,000 taxpayers making over $1 million, DEMOCRATS CONTINUE TO FIGHT FOR MEN AND WOMEN nerve gas warheads, 1,500 chemical while 53 percent of all taxpayers would get IN THE MILITARY weapons, and 412 tons of chemical less than $100 under the law. The Democratic package would make sure weapons agents. The Republicans chose not to provide or to that our men and women in the military are Last week before the Committee on increase the child tax credit to working families not denied tax relief just because they are de- making between $10,500 to $26,625 per year, ployed in Iraq. International Relations, John Bolton, in order to make room for a dividend tax cut. Specifically, the bill would count combat pay the Under Secretary for Arms Control Republicans deliberately chose to leave for purposes of the Child Tax Credit. at the U.S. State Department testified these children and their families behind. Republicans enacted a $350 billion tax bill, before us; and I asked him very specifi- Republicans also deliberately chose to drop and yet they failed to make sure that our men cally, Mr. Speaker, whether or not the a provision added by Senator LINCOLN that and women in combat are able to take full ad- assessment of the WMD program in would help nearly 12 million children and their vantage of the child tax credit. Iraq changed significantly from the families to get the child tax credit—8 million of The Democratic Plan will also create jobs Clinton administration to the Bush ad- whom would get no child tax credit at all under for the soldiers who are returning home, their ministration. He hesitated and then the new law. loved ones and others in need of employment. very carefully said it had not changed This provision would have helped low in- These provisions are key elements of the in any significant way and that in come families with children who make that are Democratic House Jobs and Economic Growth many respects the Clinton administra- working hard to make ends meet. package that will create more than 1 million tion assessed the WMD program in Iraq On May 29, 2003 White House Press Sec- jobs this year without adding one penny to the precisely the same as the Bush admin- retary Ari Fleischer said, ‘‘Everybody was deficit. istration did. Citing those hundreds of aware in the conference of what was in, and Democrats know that by putting money in tons of chemical and biological agents what was out. So that was very well-known to the hands of working Americans and by keep- that Iraq admitted it had in 1991, Under all the conferees, including to the White ing our fiscal house in order can we create Secretary of State John Bolton said, House. Does tax relief go to the people who jobs and build a strong economy. ‘‘Both administrations said these ma- pay income taxes and forgive their income f terials were unaccounted for.’’ taxes, or does it go above and beyond the for- IRAQ AND WEAPONS OF MASS giving of all income taxes, and you actually In fact, when President Clinton DESTRUCTION get a check from the government? This [GOP bombed Iraq in 1998 after they expelled tax conference agreement] certainly does de- The SPEAKER pro tempore. Pursu- our weapons inspectors, he justified the liver tax relief to the people who pay income ant to the order of the House of Janu- bombing by saying ‘‘it was necessary taxes.’’ (May 29, 2003) ary 7, 2003, the gentleman from Indiana to attack Iraq’s nuclear, chemical and Today, Majority Leader TOM DELAY re- (Mr. PENCE) is recognized during morn- biological programs and its capacity to sponded that the House would not move ing hour debates for 5 minutes. threaten its neighbors.’’ So said Presi- stand-alone legislation on this issue. He said, Mr. PENCE. Mr. Speaker, I was in dent Bill Clinton. So those who would ‘‘There’s a lot of other things that are more im- the grocery checkout line buying some say that in the 5 years leading up from portant than that. To me it’s a little difficult to Motrin for my ailing 8-year-old daugh- the time Iraq expelled weapons inspec- give tax relief to people who don’t pay income ter late this Saturday night; and the tors to the time of Operation Iraqi taxes.’’ woman next to me, seeing me wearing Freedom that somehow, even though First Republicans refused to give workers something of a Republican T-shirt on he refused to admit it, Saddam Hussein the same pension rights that corporate CEOs the weekend but not recognizing me as willingly and privately destroyed his have. a Congressman, said, ‘‘I guess your enormous cache of weapons of mass de- Then they pushed through a $350 billion tax President is in some hot water over struction, ignore common sense, ignore cut, which fails to increase the child tax credit weapons of mass destruction.’’ And history, the truth is, Mr. Speaker, we for working families making $10,000 to that seems to be what many on the would have to believe the worst of $26,625 a year. other side of the aisle and many in the George W. Bush and the best of Saddam Now, the Republicans are working to take national debate would like to say Hussein to believe that there was not away overtime pay with H.R. 1119 the so- about the President, that somehow this an extraordinary program of biologi- called Comp Time bill and describing it as a administration either directly or indi- cal, chemical and even a nascent pro- ‘‘family-friendly’’ idea. rectly intentionally or unintentionally gram for nuclear weapons being devel- In reality, this is the Republican’s concerted, exaggerated the threat of weapons of oped in the nation of Iraq and the cap- long-term attack on America’s working families mass destruction and the WMD pro- ital of Baghdad. that must be stopped. gram of the Nation of Iraq during the Facts are stubborn things, and recit- SUPPORT FOR WORKING FAMILIES months and weeks leading up to Oper- ing those facts that Iraq admitted to in Democrats are offering a package to help ation Iraqi Freedom. It is an extraor- hard working Americans and create jobs. dinary assertion, and as I went on to 1991 and establishing a decade-long pat- Democrats are taking the first step (H.R. describe there in the checkout line last tern of deception and denial confirms, 2286) to begin to repair the damage from this Saturday night and rise today to de- as our Iraqi survey group continues to reckless and irresponsible tax package. scribe, it is patently untenable and ig- scour that country for further evidence The Rangel-Davis-DeLauro bill will provide nores the real and demonstrable his- of a WMD program, I remain confident, greater tax relief to the families of 19 million tory of the nation of Iraq and the re- as the President said yesterday, that children who make the minimum wage that gion. we will not only continue to find evi- are struggling to make ends meet. First, a lesson in history. We go back dence of a program, the mobile labs, In addition to restoring the child tax credit to 1981 when Israel was forced to bomb the biological and chemical suits and provision that Republicans dropped in the mid- Saddam Hussein’s nuclear reactor at the syringes that were found with anti- dle of the night, the Rangel bill would make Osirak. In fact, the United Nations es- dotes for chemical deployments, but the child tax credit available to 1.7 million tablished at that time that Iraq had the day will come in the very near fu- more families by providing that those earning begun a nuclear weapons program and, ture, I am confident, that U.S. and coa- $7,500 or more could get the credit. in their words, chemical and biological lition forces will find the elusive evi- Under current law, the tax credit it is limited weapons capability systems. In fact, in dence of a program of weapons of mass to those who make over $10,500. the immediate aftermath of the last destruction.

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.012 H10PT1 H5096 CONGRESSIONAL RECORD — HOUSE June 10, 2003 ELIMINATION OF THE CHILD TAX hour. And the workers came to put in eign nations, even allies, to be thor- CREDIT FOR 12 MILLION CHILDREN their bid of whether they were going to ough enough to issue identification The SPEAKER pro tempore. Pursu- accept that contract or not, $6.40 an that meets our rigorous standards. Do ant to the order of the House of Janu- hour for cleaning toilets, cleaning toi- we really want to rely on the govern- ary 7, 2003, the gentlewoman from Cali- let after toilet after toilet in a high- ment of Mexico and the dozens of other fornia (Ms. LORETTA SANCHEZ) is recog- rise all night long every floor. Who do countries that will be lining up to issue nized during morning hour debates for the Members think cleans those build- consular IDs to tell us who is living il- 5 minutes. ings? And they were voting on this, legally in our country? I think not. Ms. LORETTA SANCHEZ of Cali- $6.40 an hour. That was the contract. The majority of Americans believe fornia. Mr. Speaker, I rise today to One holiday a year and 5 sick days a that we should not either. talk about that sleight of hand that year. There was this guy, this older Given the very real and deadly happened in the last few days when the gentleman who was crying as he put in threats that we face, how wise is it to Republicans put together the newest his ‘‘yes’’ vote, and he said to me ‘‘You have millions of Americans, people liv- tax cut for the American people. At the know, Congresswoman, I have been a ing illegally in this country using doz- time, they decided to eliminate the janitor here for 17 years. This is the ens of identity documents issued by child tax credit for 12 million children first time that I will get a raise.’’ governments all around the globe to do here in the United States, because, of People live and they work very hard everything from opening a bank ac- course, they had to find a way to pay for these wages. So I hear the other count to boarding planes. I have re- for their tax cut for dividend earnings. side say it does not matter; we should cently been informed that our customs One would say, so what? It is just 12 not give people this tax credit. We need office in New York is actually allowing million children that we are not going to give people that tax credit. What customs forms as people enter into this to give the tax credit to their families about the 200,000 families that are in country to be turned in and they are si- for. But it was 12 million children of our military, some of them stationed multaneously not checking the names low-income families. That means that in Iraq, having put their lives on the of the people turning in the customs if they made somewhere between line who are not eligible for the child forms to compare it to a list of known $10,000 and $26,000 as a family they tax credit because the other side de- terrorists. Customs forms pile up and would not get that child tax credit. cided that they needed to give rich peo- are entered several days later. This is People tell me all the time there is no ple more money? When we first discov- later when these people are already in possibility. They just cannot make ered it and we started to talk about it, our country. It is kind of the ‘‘come on $10,000 a year because $10,000 a year, some said, oh, my God, we did not in and we will check you later’’ proc- they cannot live on that. Darn right. know. How could that happen? Some- ess, that ‘‘we will check you later if we They cannot live on $10,000 a year. one just slipped it in. Nobody slipped it can find you.’’ Is this what we really Let us look at what it takes to live in. The White House Press Secretary had in mind when we promised the when they are making minimum wage, Ari Fleischer said it was a very well- American people that we would do ev- minimum wage in Orange County, Cali- known fact what they were doing and erything within reason to prevent an- fornia, where I live. Let us say they the White House knew about it. other catastrophe like 9–11 and we live in Santa Ana and they are making Let us pass the DeLauro bill. We spent billions of tax dollars to create a minimum wage, and there are a lot of have got to get money to the families Department of Homeland Security? I people who make minimum wage out who really need it. do not think so, Mr. Speaker; and I do there. Why? We have got Disneyland; f not think our American citizens do ei- we have got tourist attractions there. ther. ANNOUNCEMENT BY THE SPEAKER We have got the maids who make the f bed when they come and stay in Ana- PRO TEMPORE heim. The dishwashers, the people who The SPEAKER pro tempore. The TAX CUT TO WORKING FAMILIES serve. We have the gardeners who are Chair would ask the occupants of the The SPEAKER pro tempore. Pursu- cleaning up everything, the janitors. gallery not to show signs of approval or ant to the order of the House of Janu- They all make minimum wage; and disapproval. ary 7, 2003, the gentlewoman from Illi- they make no benefits, most of them. f nois (Ms. SCHAKOWSKY) is recognized So minimum wage, and in California during morning hour debates for 5 min- it is higher than the rest of the Nation. PROTECTING THE UNITED STATES utes. Our minimum wage is $6.15 an hour. AND ITS CITIZENS Ms. SCHAKOWSKY. Mr. Speaker, I Multiply that if they are going to work The SPEAKER pro tempore. Pursu- want to congratulate the gentlewoman for 2,040 hours a week. That is working ant to the order of the House of Janu- from California (Ms. LORETTA SANCHEZ) every week. That comes to less than ary 7, 2003, the gentlewoman from Flor- for her eloquent statement on behalf of $13,000 a year. But by the time just ida (Ms. GINNY BROWN-WAITE) is recog- the people who are left out of the Re- their payroll taxes get pulled out of nized during morning hour debates for publican tax cut bill and the people that paycheck, they are taking home 5 minutes. who like the Narvaez family in my dis- about $11,000. And let us say that they Ms. GINNY BROWN-WAITE of Flor- trict are working hard every single are a family of three, that they have ida. Mr. Speaker, most Americans be- day. This is Maria Narvaez and her got a child, that they go home to live lieve that the first duty of the Federal daughters Alma and Elia. She has an- in their one-bedroom rented apartment Government is to protect the security other daughter too. She is standing in in Santa Ana, California, where the av- of the United States and its citizens. front of a community organization erage rent is $950 a month. When they By any objective assessment, when the called Family Matters in my district do all the math, they figure out that threat to our security takes a form of and all of us would hope that to every earning minimum wage means they foreign armies, navies or interconti- Member of Congress that families real- can barely pay their apartment rent. nental missiles, we have done an exem- ly do matter. That is not their utilities. It is not plary job. When it comes to threats To Ms. Narvaez, they really do. She health care. It is not clothes for them confronting us, new threats, the sort works also in a day care center taking or their children. It is not school books that resulted in the attacks like that care of other people’s children, and for or supplies. It is not transportation to on September 11, we continue to ignore all of her full-time work she earns get to their job, and it is not food. It is gaping holes in our national defense. $20,000. When the tax cut bill passed not medicine. So, yes, it is very dif- As it becomes more evident that we the Senate originally, it had a refund- ficult to live on minimum wage where need better information about who is able tax credit. She would have gotten I live, but a lot of people do it. They in our country, we are about to sur- up to another $400, which may not are working hard every single day. render that identification process to mean much to some people, but could I remember about a year ago we foreign governments. We must adhere mean a lot to Maria and her daughters unionized our janitors there, and they to a policy of closed borders with open, and her son, who are pictured there. had a contract that would pay $6.40 an guarded doors. We cannot rely on for- She would have taken that money and

VerDate Jan 31 2003 01:18 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.007 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5097 gone right out and maybe paid a few Let us talk about what is good for the minute and to revise and extend his re- bills or bought some extra food for the economy and good for families. Let us marks.) family or some clothes. Money would do what the Senate did when they fixed Mr. HASTERT. Mr. Speaker, today have gone directly into the economy it. Let us give a tax cut to working the House opened with a prayer from and would have helped to create more families. our guest chaplain, Father Phil Kaim. jobs and stimulate growth. Father Kaim is a newly ordained priest f But instead, what the House Repub- in the Rockford diocese in the State of licans said is that she and her family RECESS Illinois. Father Kaim is also a close are just simply not wealthy enough to The SPEAKER pro tempore. Pursu- personal friend of mine and a former have a tax cut because in the dead of ant to clause 12(a) of rule I, the Chair member of my staff. night what happened to that Senate declares the House in recess until noon When Phil worked in my office, I al- provision that would have given her a today. ways admired his clarity of vision, his tax cut that would have given her a re- Accordingly (at 11 o’clock and 25 strong conviction, and his compassion bate, Vice President CHENEY went in minutes a.m.), the House stood in re- for those around him. Phil had a knack and said, wait a minute, and he helped cess until noon today. for politics. He worked for me for al- negotiate this, the bill that was passed most 10 years. goes too high. It spends too much f He served in my office as my district money. So somebody is going to have b 1200 director and was my eyes and ears back to be cut out. And in the dark of night, home in Illinois. Phil was very good at in a secret negotiating deal, it was AFTER RECESS his job, but I guess he decided he had a families like the Narvaez family who The recess having expired, the House higher calling. Six years ago he made a were cut out. was called to order at noon. decision to become a priest, and after It is not just her. I talked to a moth- the election of November of 1998 he left f er of a Marine yesterday. I had break- my employment, packed his bags and fast with her. And she was telling me, PRAYER moved to Rome to study at the North he is in Iraq right now but she was tell- The Reverend Phillip Kaim, Diocese American College to become a Roman ing me that when she went to visit him of Rockford, Illinois, offered the fol- Catholic priest. at his base there was a church nearby lowing prayer: On May 17 of this year he was or- that had a big box in front of it and she Almighty God, as we open Congress dained. He will return to Rome later said what is that box? And that is for for another day, we ask that You open this year to continue his studies. donations of clothing for the military the hearts and minds of our legislators Father Kaim, thank you for your families. Understand that I am not to do Your will. We ask that You gift prayer today and good luck to what I talking about the generals and I am them with the wisdom to know Your know will be a bright future. not talking about the people that are will, the prudence to know the means f sitting at the Pentagon. I am talking to accomplish it, and the courage to about the young men and women, the CLASS ACTION REFORM GOOD FOR follow through, to persevere, and over- FAMILIES privates, the privates first class who come any obstacles put in their path. (Mr. DELAY asked and was given per- are over in Iraq who are risking their As we open Congress, we keep in our mission to address the House for 1 lives every day, some of them losing thoughts and prayers all the men and minute and to revise and extend his re- their lives, and we do not know how women in our armed services, espe- marks.) many have been injured in that war, cially those still deployed in Iraq, who Mr. DELAY. Mr. Speaker, this week those people also have been cut out of risk their lives every day to protect we will be taking up another bill that this bill, and this is what the majority our cherished freedom. We ask You to will directly benefit working families: leader said. The gentleman from Texas keep them safe and out of harm’s way. the Class Action Fairness Act of 2003. (Mr. DELAY), the majority leader, said We also ask that You provide sufficient And as we know, the class action proc- there are a lot of other things that are chaplains to serve this unique and ess was designed to help consumers more important; and what that must challenging ministry. with similar troubles pool their re- mean is that it is more important to We ask all of this in Your Holy sources for legal assistance and give an average of $90,000 tax cut to Name. Amen. millionaires, and it is more important streamline what might otherwise be to pass a tax dividend cut, the taxes we f thousands, even millions, of separate pay on dividends, to cut that, than to THE JOURNAL claims. ensure families who are making less But in the last 10 years, class action than $26,000 to have a few extra dollars The SPEAKER. The Chair has exam- filings have risen 1,000 percent. For all to spend on their families. ined the Journal of the last day’s pro- their apparent popularity, one would And the reality is that if Congress ceedings and announces to the House think class action suits have suddenly does not act by the end of June, 6.5 his approval thereof. become more beneficial to consumers, million low-income families will not Pursuant to clause 1, rule I, the Jour- but the evidence suggests in that time receive their refund checks at the same nal stands approved. the class action system has been time as the middle-class families do. f abused more often than ever. A suit So we are under a time frame here. It against the Bank of Boston, for in- is not something that we can just chat PLEDGE OF ALLEGIANCE stance, yielded just $8.64 cents for about. Who does benefit then from the The SPEAKER. Will the gentleman every plaintiff, but cost $90 each in tax cut bill? Let us talk about who ac- from Maine (Mr. MICHAUD) come for- lawyers’ bills. tually gets a benefit. Vice President ward and lead the House in the Pledge A class action against Blockbuster CHENEY who negotiated that deal that of Allegiance. Video racked up more than $9 million cut this family out will reap about Mr. MICHAUD led the Pledge of Alle- in legal fees, but yielded plaintiffs a $116,000 a year from the dividend and giance as follows: mere $1 off coupon for future rental at capital gains provisions in the tax bill. I pledge allegiance to the Flag of the Blockbuster. Maria will have to work about 10 years United States of America, and to the Repub- Class actions have become more pop- in order to have an income that equals lic for which it stands, one nation under God, ular, but not because they have sud- the 1-year tax cut that the Vice Presi- indivisible, with liberty and justice for all. denly started benefitting consumers dent will get, and that is not the only f more. After all, under the current sys- thing. John Snow, the Secretary of the tem, the suits get bogged down in Treasury, will get in 1 year a tax cut WELCOMING FATHER PHILLIP State courts where the settlements are about $332,000. KAIM often not equally distributed among She will have to work 16 years to get (Mr. HASTERT asked and was given members of the class. Meanwhile, the that. Let us talk about fairness here. permission to address the House for 1 cost of all this litigation is being

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.010 H10PT1 H5098 CONGRESSIONAL RECORD — HOUSE June 10, 2003 passed on by companies to the Amer- them to do that. It gives employees the fication documents to their nationals ican consumer. The courts, the compa- choice of how they are compensated for in order to make it easier for them to nies, and the consumers are not bene- time they work over and above their violate our immigration laws, it now fitting them. normal work week. appears that our government is aiding But who is? Who else? The trial law- In my district this is a big deal. in the effort. yers. The American people get the There are a lot of hardworking people Perhaps I am a bit inaccurate in re- joke, Mr. Speaker. No matter who loses there who work a lot of overtime and a ferring to the State Department as in class action suits, the winners are lot of close-knit families whose time is ‘‘our government.’’ Anyone who has always the same: The trial lawyers. precious enough as it is. They should been around here any length of time Even if their clients do not get any not be forced to take more money when knows that the State Department oper- money or are not being paid, the law- what they need is some extra time at ates as a separate entity with its own yers always seem to be paid. home. agenda and set of rules and are often So the reforms we will take up this But in order to appease special inter- unconnected to the wishes of the ad- week will streamline the class action ests, our friends on the other side op- ministration and are often disdainful of system and provide for new consumer posed this bill and prevented a vote on any congressional input except when protection against abusive lawsuits. it. They opposed the right of workers they are up here asking for money. This Republican majority is committed to choose what is best for their fami- Recently a memo came into our pos- to meeting the needs of the American lies. They put the demands of big labor session, which emanated from our Em- people and reining in the excesses of unions over the rights of parents to bassy in Managua and was sent to Sec- our litigious trial lawyer community. spend more time with their kids, and I retary Powell. It was asking for direc- So I look forward to the debate on think that is a crime. tions in the task of helping the govern- this bill, Mr. Speaker, to see if the f ment of Nicaragua create these ID same can be said of their friends on the cards to distribute to Nicaraguan na- EXTEND CHILD TAX CREDIT TO other side of the aisle. tionals living illegally in the United LOW-INCOME FAMILIES f States. They want to do this so that (Ms. DELAURO asked and was given these illegal aliens can more easily ob- WORKING FAMILIES TAX CREDIT permission to address the House for 1 tain benefits, get breeder documents, ACT OF 2003 minute and to revise and extend her re- and generally live here undisturbed (Mr. MICHAUD asked and was given marks.) while they violate our laws. permission to address the House for 1 Ms. DELAURO. Mr. Speaker, I rise You got it. That is our government in minute and to revise and extend his re- again to discuss extending the Child league with a foreign government as marks.) Tax Credit to the families that need it they aid and abet their illegal aliens Mr. MICHAUD. Mr. Speaker, the re- most. This morning I came to the living in the United States. cent tax bill carelessly neglects 12 mil- House floor to again call on my col- Beam me up, as our friend used to lion children in America’s low-income leagues on the other side of the aisle to say, Mr. Speaker, beam me up. working families by cutting them out pass the legislation to give these 6.5 f of the child tax credit plan. million taxpaying families what they ADMINISTRATION MUST HAVE I asked the House Committee on Gov- have rightfully earned. ACCOUNTABILITY ernment Reform to investigate what The other body has passed a bill. The this would mean to the State of Maine. President has said the House should (Mr. KUCINICH asked and was given They found that in my home district, take it up and he will sign it. Why is permission to address the House for 1 21,000 working families will receive no the Republican leadership so reluctant minute and to revise and extend his re- benefit. These are families who work to lift a finger to help people who marks.) hard, pay taxes, play by the rules, and work, people who pay taxes, people who Mr. KUCINICH. Mr. Speaker, the who were still left out in the cold. have children? Republicans pass tax credibility gap is growing. First the ad- Cutting these people out was just cut after tax cut for the wealthiest ministration said the U.S. had to sweep plain wrong. That is why I have intro- Americans, and then they cut out the aside the U.N. inspections and the Se- duced the Working Family Tax Credit families of 12 million children, families curity Council because Iraq had weap- Act of 2003, along with my good friend, that pay a greater percent of their in- ons of mass destruction which were an the gentleman from New York (Mr. comes, 8 percent of their income in imminent threat. No weapons have been found to jus- RANGEL). This bill will fix the problem taxes; more than Enron did in the last tify the war. So why did we go to war? and assure that all working families 4 out of the last 5 years. They paid no Now Paul Wolfowitz says, ‘‘The truth get some benefit. In a tax bill that taxes. is that for reasons that have a lot to do gives $90 billion of its tax cut exclu- Now we hear the Republican leader- with the U.S. Government bureauc- sively to millionaires, making sure ship wants something in exchange. As I racy, we settled on the one issue that that working families who make $25,000 said this morning, there is always a everyone could agree on which was a year should be able to get some tax deal with these people. It has nothing weapons of mass destruction as the relief is the least this Congress can do. to do with values or fairness. It is all core reason.’’ f about taking care of their own. It is all Now their story is changing. Iraq had about taking care of Enron, WorldCom, FAMILIES SHOULD CHOOSE WHAT a weapons program, they say. No and Tyco. IS BEST FOR THEM longer weapons of mass destruction but Mr. Speaker, let us stop playing a program. Is this now the core reason? (Mr. PITTS asked and was given per- games. It is time for the House to take Bait and switch will not work here, mission to address the House for 1 the other body’s legislation. Let us nor will a pretense for war. If this ad- minute and to revise and extend his re- help 6.5 million families share in the ministration can fabricate reasons for marks.) benefits of this tax cut. It is the right the war after the fact, where will Mr. PITTS. Mr. Speaker, last week thing to do. America be headed for war next? the House was scheduled to consider f Congress must demand account- the Family Time Flexibility Act. But ability for the wanton exercise of war some of our friends on the other side of STATE DEPARTMENT IS AIDING ILLEGAL ALIENS power, loss of life, destruction of prop- the aisle opposed the idea of allowing erty, waste of tax dollars, and damage workers to choose what their overtime (Mr. TANCREDO asked and was to America’s reputation. is worth, so we did not get to vote on given permission to address the House it. for 1 minute and to revise and extend b 1215 When workers spend extra time at his remarks.) Thirty-three Members of the House work, they should determine how much Mr. TANCREDO. Mr. Speaker, it is have now signed the resolution of in- that time is worth, not employers and not bad enough that foreign govern- quiry to demand the White House tell not politicians. This bill would allow ments are brazenly distributing identi- the truth.

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.014 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5099 SEXUAL ASSAULT AWARENESS gard that we as Members of this House throughout this country, Latinos, that AND PREVENTION hold for you is unparalleled. You are are attending the Hispanic-serving in- (Mr. BURNS asked and was given the ones who genuinely make the stitutions to be able to get additional permission to address the House for 1 trains run on time. resources to get their master’s and minute and to revise and extend his re- In the case of Al Davis, the informa- their Ph.D.’s. marks.) tion he provided to members of the This bill will strengthen the His- Mr. BURNS. Mr. Speaker, I rise Committee on Ways and Means as our panic-serving institution programs by today to commend the House leader- economist were not only quality statis- establishing a competitive grants pro- ship for bringing before us a resolution tics but they were always reliable, a gram to extend graduate degrees pro- to raise awareness and encourage pre- fact that the media and our critics gram opportunities for the Hispanic- vention of sexual assault in the United often missed. It is people like this who serving institutions. States. day in and day out provide us with leg- The bill will support graduate fellow- One person victimized by sexual as- endary support, and I particularly will ships, services for graduate students, sault is far too many, but unfortu- miss the volumes of data he provided facilities, and improve our college and nately, one person on average is sexu- to me on the issue of alternative min- university faculty and technology. Cur- ally assaulted every 2 minutes in the imum tax. rent law only provides for those that United States alone. These can be our He was a political warrior, like so are attending 2- and 4-year institutions neighbors, our friends, or even our fam- many who staff this Congress; but he and not allows for master’s and ily members. was also an individual who held great Ph.D.’s. For these victims and for the people regard for this institution and was It is important that we look at pro- who help them, this resolution salutes never disdainful of any of its Members. viding additional resources so that them for survival. For organizations, Even those who opposed his ideas re- these youngsters can go and obtain businesses and media, this resolution spected him. their master’s and their Ph.D.’s. I ask promotes awareness of sexual violence If we were offering a sitcom on the for my colleagues’ support on H.R. 2238. and strategies to decrease the inci- life of Al Davis, we would have called it f ‘‘Humble Al.’’ I never heard anybody dence of these horrific crimes. AMERICA’S INTERNATIONAL who did not find a compliment for Al Mr. Speaker, no one deserves to be STANDING IS BEING DAMAGED sexually assaulted. I encourage my col- Davis, and those of us who would acknowledge what he did when he whis- (Ms. DEGETTE asked and was given leagues to support this resolution, S.J. permission to address the House for 1 Res. 8, on the House floor today. pered in our ear vital statistics are forever grateful for the service he ren- minute.) f dered. We all will miss Al Davis. Ms. DEGETTE. Mr. Speaker, we have MIGHTY DUCKS f now gone 80 days without finding any weapons of mass destruction in Iraq. (Ms. LORETTA SANCHEZ of Cali- CHILD TAX CREDIT Questions are mounting as to whether fornia asked and was given permission (Mr. DEFAZIO asked and was given the intelligence presented by the ad- to address the House for 1 minute.) permission to address the House for 1 ministration was manipulated or delib- Ms. LORETTA SANCHEZ of Cali- minute.) erately misinterpreted to create a false fornia. Mr. Speaker, I rise today to Mr. DEFAZIO. Mr. Speaker, House justification for the war. congratulate the Mighty Ducks of Ana- Majority Whip Blunt said GOP Mem- Regardless of whether we supported heim for their spectacular success in bers find no urgency to act for a child or opposed the war, this is a critical the 2002–2003 National Hockey League tax credit, but there was an incredible issue. America’s international standing season. Even though they did not win urgency in this House a couple of is being damaged by this failure; and the Stanley Cup this year, they came weeks ago when we acted in the dark of more importantly, this issue raises se- into the playoffs as the seventh-best the night to extend an average $93,500 rious doubts about our intelligence ap- team in the Western conference, faced tax break to every millionaire in paratus, and it raises potential con- down their critics, and made it to the America. stitutional concerns. Stanley Cup finals for the first time in Then the gentlewoman from North I urge all of us to look carefully at their 10-year history. Carolina (Mrs. MYRICK) said, if we give this lapse, and I urge Congress to work Sweeping the Detroit Red Wings in people a tax break that do not pay in a bipartisan way to find out how this four games, the Dallas Stars in six, and taxes, it is welfare. Excuse me, some- happened and to take steps to ensure the Minnesota Wild in four, the Ducks one who earns $27,000 a year pays $1,890 that Congress and the American people proved that they were a serious con- in FICA taxes. They pay taxes, regres- are never misled when it comes to the tender for the sport’s most coveted tro- sive taxes; and guess what, every penny issue of sending our American fighting phy; and Jean Sebastien Giguere, the of those FICA taxes that is supposed to men and women into harm’s way about Duck’s spectacular goal tender, was se- go into the Social Security surplus, the the purpose and the extent of the prob- lected as the most valuable player, lockbox, that that side of the aisle used lem. winning that trophy for his hard work to support, that the President used to f and incredible skill that gave the support, is being borrowed and being AMERICA’S FAMILIES AND Ducks their fire throughout all of these mailed in big checks to the wealthy. CHILDREN ARE IMPORTANT playoff games. She may call that welfare; I call it Re- Congratulations to my hometown verse Robin Hood. (Ms. LEE asked and was given per- team, the Mighty Ducks. Thanks for f mission to address the House for 1 making this season a great one to minute.) watch and for making us proud. NEXT GENERATION HISPANIC- Ms. LEE. Mr. Speaker, I rise today in SERVING INSTITUTIONS f light of today’s news reports to really (Mr. RODRIGUEZ asked and was thank Republicans for finally agreeing TRIBUTE TO AL DAVIS given permission to address the House with us that all children and families (Mr. NEAL of Massachusetts asked for 1 minute and to revise and extend of America are important, whether or and was given permission to address his remarks.) not they are wealthy. the House for 1 minute and to revise Mr. RODRIGUEZ. Mr. Speaker, on Two weeks ago, these same Repub- and extend his remarks.) behalf of our educational future of licans did not understand that lesson. Mr. NEAL of Massachusetts. Mr. America, I rise today in favor of H.R. Two weeks ago, they sacrificed the Speaker, today I rise to acknowledge 2238, a piece of legislation filed by the well-being of 6.5 million families, in- the passing of Committee on Ways and gentleman from Texas (Mr. HINOJOSA) cluding 12 million children, so that Means’ staff member Al Davis who died that would allow an opportunity for us they could pass tax breaks and divi- on May 30. Like so many of his staffers to get additional resources for those dend tax cuts for their wealthiest that I hope are watching today, the re- youngsters and those individuals friends. Republicans thought that their

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.016 H10PT1 H5100 CONGRESSIONAL RECORD — HOUSE June 10, 2003 actions really would have gone unno- Whereas, aggressive prosecution can incar- have developed the potential to iden- ticed, but how wrong they were. cerate rapists and therefore prevent them tify the rapists in tens of thousands of In California, for example, without from committing further crimes; unsolved rape cases. The work of these this new legislation, almost 1.3 million Whereas, sexual assault victims suffer individuals to prosecute sexual assault emotional scars long after the physical scars California families would receive no have healed; and cases and incarcerating the offenders child tax credit, including 2.4 million Whereas, free, confidential help is avail- makes all of us safer. children. The Republicans would have able to all victims of sexual assault through We must also recognize the work of especially hurt minority families be- the National Sexual Assault Hotline, more victims, national and community orga- cause one-third of all Latino families than 1,000 rape crisis centers across the nizations, private sector supporters, would miss out on the tax break, while United States, and other organizations that and the media in this area. These half of all African American families provide services to assist victims of sexual groups helped to increase public aware- would not receive the credit. assault: Now, therefore, be it ness and provide support for individ- Resolved by the Senate and House of Rep- Thankfully now, the majority is real- resentatives of the United States of America in uals affected by this dramatic experi- ly beginning to listen and beginning to Congress assembled, That— ence. Public awareness is a vital tool in understand that those families who do (1) it is the sense of Congress that— combatting the incidence of sexual as- not make any more than $26,000 should (A) National Sexual Assault Awareness and sault. It is noteworthy that the rate of also receive the same benefit that Prevention Month provides a special oppor- sexual assaults has decreased by half in every family that earns up to $110,000 tunity to educate the people of the United the last decade. and over would receive. States about sexual violence and to encour- This resolution also recognizes the age both the prevention of sexual assault and plight of victims of sexual assault. f the prosecution of its perpetrators; Often, victims suffer emotional scars (B) it is appropriate to salute the more ANNOUNCEMENT BY THE SPEAKER than 20,000,000 victims who have survived that remain long after the physical PRO TEMPORE sexual assault in the United States and the scars have healed. Free, confidential The SPEAKER pro tempore (Mr. efforts of victims, volunteers, and profes- help is available to all victims of sex- WALDEN of Oregon). Pursuant to clause sionals who combat sexual assault; ual assault through the National Sex- 8 of rule XX, the Chair will postpone (C) national and community organizations ual Assault Hotline, more than 1,000 and private sector supporters should be rec- rape crisis centers in the United States further proceedings today on motions ognized and applauded for their work in pro- to suspend the rules on which a re- and other organizations that provide moting awareness about sexual assault, pro- services to assist the victims of sexual corded vote or the yeas and nays are viding information and treatment to its vic- ordered, or on which the vote is ob- tims, and encouraging the increased prosecu- assault. jected to under clause 6 of rule XX. tion and punishment of its perpetrators; and Hopefully, public awareness of this Record votes on postponed questions (D) police, forensic workers, and prosecu- issue will also help victims to recog- will be taken later today. tors should be recognized and applauded for nize that they are not alone and en- their hard work and innovative strategies to courage them to come forward and re- f increase the percentage of sexual assault port the crime. Currently, less than 40 cases that result in the prosecution and in- SUPPORTING GOALS AND IDEALS percent of the sexual assault victims carceration of the offenders; pursue prosecution by reporting their OF NATIONAL SEXUAL ASSAULT (2) Congress urges national and community AWARENESS AND PREVENTION organizations, businesses in the private sec- attack to law enforcement agencies. MONTH tor, and the media to promote, through Na- This resolution offers the support of this Congress and brings attention to Mr. SENSENBRENNER. Mr. Speak- tional Sexual Assault Awareness and Preven- tion Month, awareness of sexual violence and this very important issue. I urge my er, I move to suspend the rules and strategies to decrease the incidence of sexual colleagues to join me in supporting the pass the Senate joint resolution (S.J. assault; and individuals and organizations that Res. 8) expressing the sense of Congress (3) Congress supports the goals and ideals dedicate themselves to combatting sex- with respect to raising awareness and of National Sexual Assault Awareness and ual assault. encouraging prevention of sexual as- Prevention Month. Mr. Speaker, I reserve the balance of sault in the United States and sup- The SPEAKER pro tempore. Pursu- my time. porting the goals and ideals of National ant to the rule, the gentleman from Mr. SCOTT of Virginia. Mr. Speaker, Sexual Assault Awareness and Preven- Wisconsin (Mr. SENSENBRENNER) and I yield myself such time as I may con- tion Month. the gentleman from Virginia (Mr. sume. The Clerk read as follows: SCOTT) each will control 20 minutes. Mr. Speaker, I rise to join the chair- S.J. RES. 8 The Chair recognizes the gentleman man of the Committee on the Judiciary Whereas, on average, another person is sex- from Wisconsin (Mr. SENSENBRENNER). in supporting S.J. Res. 8 to call atten- ually assaulted in the United States every GENERAL LEAVE tion to National Sexual Assault Aware- two minutes; Mr. SENSENBRENNER. Mr. Speak- ness and Prevention Month. The pur- Whereas, the Department of Justice reer, I ask unanimous consent that all pose of this resolution is to increase ports that 248,000 people in the United States Members may have 5 legislative days public awareness of sexual assault and were sexually assaulted in 2001; Whereas, 1 in 6 women and 1 in 33 men have within which to revise and extend their to recognize the important contribu- been victims of rape or attempted rape; remarks and include extraneous mate- tions of various individuals and groups Whereas, children and young adults are rial on S.J. Res. 8. across the United States that combat most at risk, as 44 percent of sexual assault The SPEAKER pro tempore. Is there sexual assault. victims are under the age of 18, and 80 per- objection to the request of the gen- Mr. Speaker, sexual assault victims cent are under the age of 30; tleman from Wisconsin? are primarily young people with 44 per- Whereas, sexual assault affects women, There was no objection. cent of the victims under the age of 18, men, and children of all racial, social, reli- Mr. SENSENBRENNER. Mr. Speak- 80 percent under the age of 30. Sexual gious, age, ethnic, and economic groups in the United States; er, I yield myself such time as I may assault affects women, men, children of Whereas, less than 40 percent of sexual as- consume. all races, social, religious, age, ethnic sault victims pursue prosecution by report- Mr. Speaker, I support this resolu- and economic groups and even pris- ing their attack to law enforcement agen- tion as a way to further increase oners. Yet less than 40 percent of sex- cies; awareness of sexual assault and recog- ual assault victims pursue prosecution Whereas, two-thirds of sexual crimes are nize the important contributions of by reporting their attack to law en- committed by persons who are not strangers victims in various groups that combat forcement agencies. to the victims; sexual assault. The police, forensic Mr. Speaker, as we recognize Sexual Whereas, the rate of sexual assaults has de- workers, and prosecutors should be Assault Awareness and Prevention creased by half in the last decade; Whereas, because of recent advances in praised for their hard work and dedica- Month, Congress also recognizes that DNA technology, law enforcement agencies tion to this fight. other tools are also important in pre- have the potential to identify the rapists in Through recent advances in DNA venting and addressing sexual assault. tens of thousands of unsolved rape cases; technology, law enforcement agencies With advances in DNA technology, law

VerDate Jan 31 2003 00:37 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.017 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5101 enforcement agencies have been able to of this resolution, an advocate for the and it will help prevent rapes by put- identify and prosecute many offenders, issue. ting rapists behind bars. and the potential exists to identify Mrs. MALONEY. Mr. Speaker, I rise This is an issue that both Repub- tens of thousands of additional offend- in strong support of S.J. Res. 8, and I licans and Democrats agree on. Attor- ers in unsolved rape cases. That is why thank the gentleman from Wisconsin ney General Ashcroft earlier this year it is so important that Congress pro- (Chairman SENSENBRENNER), the gen- stated that he supported a $1 billion vide additional resources needed to im- tleman from Virginia (Mr. SCOTT), the initiative to process DNA evidence. mediately eliminate the current back- ranking member, and the gentleman This is clearly very important because log of rape evidence kits across the from Wisconsin (Mr. GREEN) for all of there is an estimated 350,000 to 500,000 United States. their hard work on this issue and this kits unprocessed around the country. I look forward to working with my resolution and for their work in pre- It is no wonder that only 2 percent of colleague, the gentleman from Wis- venting sexual assault and rape. women who are raped will ever see consin, in authorizing and funding the The gentleman from Wisconsin (Mr. their attacker spend a day in jail, but Debbie Smith Act and other bills aimed GREEN) and I introduced the companion each rape kit represents a life, the life at reducing the DNA backlog. legislation to this bill, H.J. Res. 36 in of a person like Debbie Smith, and each Mr. Speaker, I reserve the balance of the House earlier. This April is Sexual rape kit represents a predator, a rapist my time. Assault Awareness and Prevention who may strike again and again. Law Mr. SENSENBRENNER. Mr. Speak- Month, but it is important to remem- enforcement tells us that most rapists, er, I yield 2 minutes to the gentleman ber that preventing sexual assault if not caught, will attack approxi- from Wisconsin (Mr. GREEN). should be a top priority during each mately, or at least, 8 times. Mr. GREEN of Wisconsin. Mr. Speak- month of the year. It is time to put DNA evidence to er, I thank the chairman for yielding We must also remember that vio- work stopping rapes and sexual as- me the time. lence against women is not just a wom- saults from occurring around the coun- Mr. Speaker, some would be quick to an’s issue, it is a man’s issue, a fam- try, and I do believe that this year we point out that this resolution is about ily’s issue, and an issue that is impor- will pass this bill. It is needed, it is im- symbolism; but in this area and on this tant to society at large. portant, and we will pass it because subject, symbolism is important. Sym- According to the Department of Jus- there is strong bipartisan support from bolism can help us raise the profile of tice, someone is sexually assaulted in the White House, from the gentleman this very important issue. this country every 82 seconds. That from Wisconsin (Mr. SENSENBRENNER), As the previous speaker, the chair- translates to over 1,000 a day, and over from the gentleman from Wisconsin man, just alluded, there are things that 380,000 sexual assaults every year; yet (Mr. GREEN), and many others. I thank we should celebrate in our battle we have the ability to help protect our everyone who has worked on it. There against sexual assault. Rape is down 50 daughters, our sisters, and our friends is no greater way to celebrate Sexual percent over the last decade. We have by putting rapists behind bars using Assault Month than to pass legislation recently passed the Protect Act, child DNA evidence. We know that DNA evi- that will prevent sexual assaults in the abduction legislation, that I think will dence is better than a fresh set of fin- future. I am hopeful this year we will offer new tools and resources in the gerprints, and we know it is often bet- be able to achieve that. fight against sexual assault. The com- ter than eyewitness testimony. Mr. LANGEVIN. Mr. Speaker, I rise today in mittee is developing DNA legislation Earlier this year I reintroduced with support of S.J. Res. 8, the joint resolution ex- that will provide additional tools and the gentleman from Wisconsin (Mr. pressing the sense of Congress with respect resources; but as we all know, we have GREEN) and the gentleman from New to raising awareness and encouraging preven- so far to go. York (Mr. WEINER) an important piece tion of sexual assault in the United States. A person is sexually assaulted in this of legislation that would take impor- The statistics on the widespread nature of country every 2 minutes. tant steps to prevent sexual assaults sexual assault are alarming. It is estimated from occurring. The Debbie Smith Act that one in six women in the United States b 1230 would provide critical funding for have been victims of rape or attempted rape. According to the Department of Jus- eliminating the backlog of unprocessed One in five children will be a victim of sexual tice, nearly 250,000 people were as- DNA evidence, for establishing sexual abuse before reaching the age of 18. How- saulted in 2001 alone; 1 in 6 women have assault forensic examiner programs, ever, recent educational efforts have proved been the victim of rape or attempted and for training law enforcement and successful—therate of sexual assaults has de- rape. prosecutors about how to use DNA creased by half in the last decade. It is critical This resolution declares that Con- technology most effectively. to the safety of all Americans that we build on gress supports the goals and ideals of The bill also establishes a national these efforts. the National Sexual Assault Awareness standard for the collection of DNA evi- Sexual assault is perpetuated by silence. Month. We can use this opportunity to dence, thereby ensuring that the evi- One of the most startling aspects of sex educate the public on how to prevent dence is processed in a reasonable crimes is how many go unreported. The joint sexual assault. We can use this oppor- amount of time. I authored this bill resolution we are voting on today is a step in tunity to recognize those in the com- after Debbie Smith testified before the acknowledging the all too prevalent reality of munity that volunteer numerous hours Committee on Government Reform and sexual assault. Further, we must support the to work with victims. We can use this Oversight. She spoke about the tool of existing programs and resources for victims of opportunity to recognize law enforce- DNA and how it can be used to convict sexual assault and their families, such as the ment for their dedicated work in this rapists. She was raped near her home National Sexual Assault Hotline and more than battle against sexual assault in the in 1989, and for 61⁄2 years she lived in 1,000 rape crisis centers across the United areas of increased conviction and in- fear that her attacker would return to States. I urge my colleagues to support this creased prevention, and we can use this fulfill the threat he had made to her legislation as a show of commitment to the opportunity to salute the more than 20 that day, that if she told anyone, he goals and ideals of National Sexual Assault million victims who have survived sex- would kill her. Only on the day that Awareness and Prevention Month. ual assault. We stand with them. By her husband told her that the man that Ms. SCHAKOWSKY. Mr. Speaker, I rise raising the profile, hopefully these had raped Debbie had been identified today in support of S.J. Res. 8, a resolution to numbers will fall and we will have through a DNA match and was in pris- raise awareness and encourage prevention of fewer victims, we will have more con- on was Debbie able to breathe again. sexual assault. There is no crime that is more victions, and we will have greater Tragically, there are other Debbie personal, more intrusive, or more painful than awareness of this awful battle we must Smiths out there, other women still rape, and it must be a priority of this Congress fight. living in fear because they do not know and this Administration to work toward an end Mr. SCOTT of Virginia. Mr. Speaker, if their attacker will come back to to this violence. Unfortunately, while this reso- I yield such time as she may consume them again. The Debbie Smith Act will lution is a nice demonstration of sympathy and to the gentlewoman from New York help to bring justice and closure to the support from the Congress, it is woefully inad- (Mrs. MALONEY) who is a lead sponsor survivors of rapes and their families, equate. While I strongly support its passage,

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.019 H10PT1 H5102 CONGRESSIONAL RECORD — HOUSE June 10, 2003 the Republican Leadership should allow the Women Act programs. We must speak up incident reported to the police (3 domestic vio- House to consider legislation to provide real when we hear people speak about sexual violence events every hour in the County). The relief to victims of sexual assault and domestic lence in a dismissive or harmful way. We must National Crime Victimization Survey reports violence. It is my hope that this resolution will educate our sons to be nonviolent and to treat that in 1998, only 50 percent of all actual do- be followed by consideration of H.R. 1267, the women with respect. I believe that if we com- mestic violence incidents are reported. Ac- Domestic Violence Screening, Treatment, and mit ourselves, we can end violence against cording to the Harris County Public Health & Protection Act; H.R. 1046, the Debbie Smith women. Therefore, I urge my colleagues to Environment Services, likely factors that have Act dealing with the DNA evidence backlog; vote for S.J. Res. 8. led to the increased number of incidents in- H.R. 394, the Violence Against Women Civil Ms. JACKSON-LEE of Texas. Mr. Speaker, clude: ‘‘changes in law relating to domestic vi- Rights Restoration Act; and many others. I rise in support of S.J. Res. 8, the Joint Reso- olence, increase [sic] public awareness of do- We have come a long way in the last 30 lution expressing the sense of Congress with mestic violence, increase in support facilities years since women started speaking up and respect to the raising awareness and encour- for Domestic Violence survivors established by speaking out against sexual assault. We are aging prevention of sexual assault in the the government and various community now better able to treat rape victims in emer- United States and supporting the goals and groups, more effective involvement of the law gency rooms; law enforcement has access to ideals of National Sexual Assault Awareness enforcement in the incidents of domestic vio- tools to teach them how to respond to the and Prevention Month. lence, and better tools provided to District At- crime of sexual assault; and there are social WHAT S.J. RES. 8 DOES torney’s Office for prosecuting the offenders of and mental health services available to The Resolution echoes the goals and ideals domestic violence.’’ women who are survivors of rape. I am grate- of the National Sexual Assault Awareness and OTHER RELEVANT DATA ful for this progress. Prevention Month, namely to increase public The direct harmful effects of sexual assault However, as we’ve raised awareness of this awareness of the occurrence and the effects and domestic violence have been well docu- violence, we have also learned that it reaches of sexual assault and to improve our nation’s mented: far deeper into every aspect of our society overall ability to prevent new incidents. Pregnacy—A 1996 review indicated that be- than we wanted to admit or acknowledge. It is The need for this legislation stems from tween 0.9 percent an 20.1 percent of women far more likely that perpetrators know their vic- data compiled by the Bureau of Justice Statis- experienced Intimate Partner Violence (IPV) tims and aren’t just strangers in the bushes. tics and the Rape, Abuse, and Incest National (Center for Disease Control (CDC). And women aren’t the only victims—one in 33 Network. Specifically, the fact that ‘‘a person is men have been victims of rape or attempted sexually assaulted in the United States every Elderly—An estimated 551,011 elderly per- rape. Furthermore, teens are twice as likely as 2 minutes’’ and that 248,000 people in the sons (aged 60 and over) suffered abuse, ne- any other age group to be victims of crime— United States were sexually assaulted in 2001 glect, and/or self-neglect in domestic settings nearly one-third of all sexual assault victims as reported by the Department of Justice un- in 1996 (National Center for Victims of Crime, are raped between the ages of 12 and 17, and derscores the urgent and emergent nature of 1998). The median age for elder abuse victims one in five girls becomes a victim of violence this problem. Furthermore, the Resolution was 77.9 years in 1996. in dating relationships. cites statistics that 1 in 6 women and 1 in 33 Disabled—Women with disabilities face the We’ve also heard a lot this year about men have been victims of either rape or at- same risks as all women face, plus those as- women at the Air Force Academy who have tempted rape. In addition, in terms of victim sociated with their particular disability. Further- been victims of sexual assault. It is a disgrace age, 44 percent are under the age of 18 and more, studies have shown that women with that so many women have been re-victimized 80 percent are under the age of 30. I support physical disabilities more likely received abu- and silenced as a result of our military’s reac- this legislation because sexual assault has a sive treatment from attendants and health care tion to these violent crimes. We must work significant and direct effect on the lives of providers (Center for Research on Women hard to change the culture in every branch many of the constituents in my legislative Dis- with Disabilities, 1997) and at every level of the military from one that trict. Homeless/Low-Income—A study of 777 accepts violence against women to one that EFFECT ON STATE AND LOCAL CONSTITUENT DISTRICT homeless parents (predominantly mothers) in condemns such violence and treats victims, Between 1997 and 2001, the number of ten U.S. cities revealed that 22 percent had and all women, with respect and equality. But family violence incidence reported and the relocated because of domestic violence what we haven’t heard much about is that number of women killed by intimate male part- (Homes for the Homeless, 1998). Further- men in the military are also victims of sexual ners has remained at a consistent high (See more, a survey conducted by the U.S. Con- assault. A special report appeared in January Attachment 1). ference of Mayors indicated that 46 percent of 2003 and revealed that the U.S. Department In Texas, 35 percent of the women killed in the surveyed cities identified domestic vio- of Veterans Affairs began collecting nation- 1997 were murdered by an intimate male part- lence as a primary cause of homelessness wide data on the extent to which men have ner, which is higher than the national average (1998). been sexually traumatized in the armed serv- of 28 percent as reported by the FBI (Texas Men affected—According to the Bureau of ices. The preliminary results are that nearly Council on Family Violence, 2002). Justice Statistics in 1998, men were found to 22,500 male veterans—more than one of In Houston, 21,621 family violence incidents be victims of approximately 160,000 violent every 100 former soldiers, sailors and airmen were reported. Out of this number, 15 women crimes by an intimate partner. treated by the VA—reported being sexually were killed by intimate male partners (Texas The vast and diverse statistics mentioned traumatized by peers or superiors during their Council on Family Violence, 2001). above relative to the very problems targeted military careers. This once again shows that In Harris County in 2001, 26,353 family vio- by S.J. Res. 8, in my legislative ‘‘back yard’’ sexual violence is about humiliation, degrada- lence incidents were reported. Likewise in as well as nationwide warrant my attention as tion, and control. 2001 and out of this number, 22 women were well as the attention of my colleagues. For the We must commit ourselves to ending vio- killed by intimate male partners (Texas De- above stated reasons, I vote in favor of S.J. lence against women this month and every partment of Public Safety, 2002). In addition, Res. 8 and urge my colleagues to do the month. We must fully fund all Violence Against every 20 minutes, there is 1 domestic violence same. ATTACHMENT 1

2001 2000 1999 1998 1997

Family violence incidents ...... 180,385 175,282 177,176 175,725 181,773 Women killed by intimate male partners ...... 113 104 133 116 102 Source: Texas Council on Family Violence, 2001.

Mr. SCOTT of Virginia. Mr. Speaker, The SPEAKER pro tempore (Mr. The question was taken; and (two- I thank the gentlewoman for her advo- WALDEN of Oregon). The question is on thirds having voted in favor thereof) cacy, and I yield back the balance of the motion offered by the gentleman the rules were suspended and the Sen- my time. from Wisconsin (Mr. SENSENBRENNER) ate joint resolution was passed. that the House suspend the rules and Mr. SENSENBRENNER. Mr. Speak- pass the Senate joint resolution, S.J. A motion to reconsider was laid on er, I yield back the balance of my time. Res. 8. the table.

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.017 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5103 INVOLUNTARY BANKRUPTCY Unfortunately, tax protesters and Mr. Speaker, I reserve the balance of IMPROVEMENT ACT OF 2003 other extremists are now resorting to my time. Mr. SENSENBRENNER. Mr. Speak- filing fraudulent involuntary bank- Mr. SCOTT of Virginia. Mr. Speaker, er, I move to suspend the rules and ruptcy petitions against public offi- I yield myself such time as I may con- pass the bill (H.R. 1529) to amend title cials and private individuals as yet an- sume. 11 of the United States Code with re- other weapon in their arsenal of abu- Mr. Speaker, I rise in support of H.R. spect to the dismissal of certain invol- sive litigation tactics, such as filing 1529, the Involuntary Bankruptcy Im- untary cases. false liens. provement Act of 2003, a bill which was The Clerk read as follows: Last year, for instance, a tax pro- reported by the Committee on the Ju- H.R. 1529 tester filed fraudulent involuntary diciary with bipartisan support and Be it enacted by the Senate and House of Rep- bankruptcy petitions against 36 local without dissent. resentatives of the United States of America in public officials in my district in Wis- I commend the gentleman from Wis- Congress assembled, consin, including the county sheriff, consin (Chairman SENSENBRENNER) for SECTION 1. SHORT TITLE. the circuit judge, and nearly every moving so quickly to deal with a real This Act may be cited as the ‘‘Involuntary member of the county board of super- and pernicious problem. This legisla- Bankruptcy Improvement Act of 2003’’. visors. Some of these individuals only tion is a good first step in providing SEC. 2. AMENDMENT. discovered that they were the subject bankruptcy courts with congressional Section 303 of title 11, United States Code, of a pending involuntary bankruptcy is amended by adding at the end the fol- guidance in dealing with the phe- lowing: case after their lines of credit were ter- nomenon of malicious and baseless in- ‘‘(l)(1) If— minated or they were charged higher voluntary bankruptcy petitions. It ‘‘(A) the petition under this section is false interest rates. Worse yet, an involun- augments the existing powers of the or contains any materially false, fictitious, tary bankruptcy filing, as with most bankruptcy court and makes clear Con- or fraudulent statement; bankruptcy cases, is a matter of public gress’ intent to ensure that the targets ‘‘(B) the debtor is an individual; and record and can appear on an individ- ‘‘(C) the court dismisses such petition; of this abuse will have available to ual’s credit report for up to 10 years them meaningful protection from the the court, upon motion of the debtor, shall even if the involuntary bankruptcy fil- expunge from the records of the court such lasting effects of meritless involuntary petition, all the records relating to such pe- ing is fraudulent and the case is dis- bankruptcy petitions. tition in particular, and all references to missed by the court. An involuntary bankruptcy petition, such petition. As a result, innocent individuals con- even if no order for relief is entered, ‘‘(2) If the debtor is an individual and the tinue to experience credit problems and even if dismissed expeditiously by court dismisses a petition under this section, long after these abusive cases are dis- the court, can inflict lasting damage. the court may enter an order prohibiting all missed. As the Hartford Courant re- consumer reporting agencies (as defined in Credit reporting agencies generally list ported last month, it sometimes takes the filing of a bankruptcy petition on a section 603 of the Fair Credit Reporting Act) years for corrections to be made to a from making any consumer report (as de- person’s credit report almost imme- person’s credit report. As a result, the fined in section 603 of the Fair Credit Report- diately. This can destroy the ability of ing Act) that contains any information re- individual may potentially be forced to an individual to obtain credit or to ob- lating to such petition or to the case com- pay higher interest rates until the tain credit on appropriate terms, even menced by the filing of such petition.’’. proper steps can be taken to fix their if the petition is wholly without merit. The SPEAKER pro tempore. Pursu- credit report. For this reason, the dismissal of the While abusive bankruptcy filings are ant to the rule, the gentleman from case alone does not provide adequate not pervasive, they have occurred in Wisconsin (Mr. SENSENBRENNER) and relief. various districts across the Nation. Ac- the gentleman from Virginia (Mr. This problem is a real one. Cases SCOTT) each will control 20 minutes. cording to an informal survey conducted by the Administrative Office of have already been filed for malicious The Chair recognizes the gentleman and harassing purposes. Congress must from Wisconsin (Mr. SENSENBRENNER). the United States Courts and the Na- tional Conference of Bankruptcy make clear that the bankruptcy sys- GENERAL LEAVE tem cannot be used to harass and in- Mr. SENSENBRENNER. Mr. Speak- Clerks, fraudulent involuntary bankruptcy cases have recently been filed in jure people. er, I ask unanimous consent that all Mr. Speaker, there are other changes Members may have 5 legislative days California, Ohio, Maine, Nebraska, and North Carolina. Organizations such as in the Bankruptcy Code that are equal- within which to revise and extend their ly pressing and equally noncontrover- remarks and include extraneous mate- the Anti-Defamation League and the National District Attorneys Associa- sial. Many of these improvements have rial on H.R. 1529. been unnecessarily held hostage to a The SPEAKER pro tempore. Is there tion have expressed concern that this larger and far more controversial bank- objection to the request of the gen- litigation tactic may become even ruptcy bill, our family farmers and tleman from Wisconsin? more widespread. There was no objection. H.R. 1529 responds to the serious fishermen, the stability of our finan- Mr. SENSENBRENNER. Mr. Speak- problems presented by abusive involun- cial markets, and the rights of parties er, I yield myself such time as I may tary bankruptcy filings in two re- whose cases are unnecessarily delayed consume. spects: because of inadequate judicial re- Mr. Speaker, I rise in strong support First, it amends the Bankruptcy sources deserve better. I hope we will of H.R. 1529, the Involuntary Bank- Code to require the bankruptcy court, be able to work with the chairman of ruptcy Improvement Act of 2003, a bill on motion of the debtor, to expunge all the committee to deal as expeditiously I introduced earlier this year that ad- records relating to a fraudulent invol- with these problems as we have with dresses a very serious and possibly untary bankruptcy case from the this one. So I commend the chairman growing problem with respect to abuse court’s files under certain conditions. for his efforts, and I urge my col- of the judicial process by extremists Second, it authorizes the bankruptcy leagues to support the motion to sus- and others. court to prohibit all credit reporting pend the rules and pass the bill. Under current law, a debtor can vol- agencies from issuing a consumer re- Ms. JACKSON-LEE of Texas. Mr. Speaker, untarily commence a bankruptcy case port containing any reference to a I rise in support of H.R. 1529, the ‘‘Involuntary or be involuntarily forced into bank- fraudulent involuntary bankruptcy Bankruptcy Improvement Act of 2003.’’ I sup- ruptcy by one or more creditors. Al- case where the debtor is an individual port this bill to protect innocent individuals though rarely used, an involuntary and the court has dismissed the peti- from fraudulently filed involuntary petitions for bankruptcy petition can be a useful tion. bankruptcy. creditor collection tool. It can preserve This bill offers great forward but Financial struggles and bankruptcies are a and maximize assets for the benefit of very much-needed relief to innocent continuing problem for many Americans. In creditors and provide for the appoint- victims of abusive involuntary bank- January of 2003 alone, there were thousands ment of a bankruptcy trustee to inves- ruptcy petitions. I urge my colleagues of Chapter 7 and 11 in my home State of tigate a debtor’s financial affairs. to support this legislation. Texas. In Dallas there were 3,208 Chapter 7

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.021 H10PT1 H5104 CONGRESSIONAL RECORD — HOUSE June 10, 2003 bankruptcy filings and 257 Chapter 11 bank- SECTION 1. SHORT TITLE. (7) Standards developed by government en- ruptcy filings. In Fort Worth, there were 3,161 This Act may be cited as the ‘‘Standards tities generally are not subject to challenge Chapter 7 filings and 210 Chapter 11 filings. Development Organization Advancement Act under the antitrust laws. Bankruptcy petitions are designed to satisfy of 2003’’. (8) Private developers of the technical creditors and also provide relief to the debtor. standards that are used as Government SEC. 2. FINDINGS. standards are often not similarly protected, Our bankruptcy laws allow debtors to volun- leaving such developers vulnerable to being tarily file a petition for relief, and also allow The Congress finds the following: (1) In 1993, the Congress amended and renamed as codefendants in lawsuits even creditors to file involuntary petitions against named the National Cooperative Research though the likelihood of their being held lia- debtors. Despite the goal of satisfying both Act of 1984 (now known as the National Coop- ble is remote in most cases, and they gen- debtor and creditor, debtors who go through erative Research and Production Act of 1993 erally have limited resources to defend bankruptcy invariably leave the proceedings (15 U.S.C. 4301 et seq.)) by enacting the Na- themselves in such lawsuits. with a very poor credit history. This depleted tional Cooperative Production Amendments (9) Standards development organizations credit can seriously affect the debtor’s ability of 1993 (Public Law 103–42) to encourage the do not stand to benefit from any antitrust to buy a home or a car, get a loan, or make use of collaborative, procompetitive activity violations that might occur in the voluntary use of many services we often take for grant- in the form of research and production joint consensus standards development process. (10) As was the case with respect to reed. ventures that provide adequate disclosure to the antitrust enforcement agencies about search and production joint ventures before Unfortunately many have used the involun- the passage of the National Cooperative Re- tary bankruptcy petition, and the negative the nature and scope of the activity involved. search and Production Act of 1993, if relief credit impact that results, as a harassment (2) Subsequently, in 1995, the Congress in from the threat of liability under the anti- tool. Many public officials have been the vic- enacting the National Technology Transfer trust laws is not granted to voluntary con- tims of involuntary bankruptcy petitions. and Advancement Act of 1995 (15 U.S.C. 272 sensus standards bodies, both regarding the H.R. 1529 amends the Bankruptcy Code to note) recognized the importance of technical development of new standards and efforts to the benefit of individuals who have been the standards developed by voluntary consensus keep existing standards current, such bodies victims of fraudulently filed bankruptcy peti- standards bodies to our national economy by could be forced to cut back on standards de- tions. Under H.R. 1529, a debtor may file a requiring the use of such standards to the ex- velopment activities at great financial cost motion with the court to expunge from the tent practicable by Federal agencies and by both to the Government and to the national economy. court records the filing of the involuntary bank- encouraging Federal agency representatives ruptcy petition. The motion will be granted in to participate in ongoing standards develop- SEC. 3. DEFINITIONS. Section 2 of the National Cooperative Re- those bankruptcies where three requirements ment activities. The Office of Management and Budget on February 18, 1998, revised Cir- search and Production Act of 1993 (15 U.S.C. are met: First, the petition if false or contains cular A–119 to reflect these changes made in 4301) is amended— any materially false, fictitious, or fraudulent law. (1) in subsection (a) by adding at the end statements; second, if the debtor is an indi- (3) Following enactment of the National the following: vidual; and third, the court dismisses the peti- Technology Transfer and Advancement Act ‘‘(7) The term ‘standards development action. of 1995, technical standards developed or tivity’ means any action taken by a stand- Mr. Speaker, I support H.R. 1529 because adopted by voluntary consensus standards ards development organization for the pur- it grants needed relief to the victims of fraudu- bodies have replaced thousands of unique pose of developing, promulgating, revising, lently filed bankruptcy petitions. H.R. 1529 im- Government standards and specifications al- amending, reissuing, interpreting, or other- poses modest requirements on the debtor and lowing the national economy to operate in a wise maintaining a voluntary consensus standard, or using such standard in con- allows the debtor to easily correct their dam- more unified fashion. (4) Having the same technical standards formity assessment activities, including ac- aged credit history. I support H.R. 1529 and I used by Federal agencies and by the private tions relating to the intellectual property urge my colleagues to do the same. sector permits the Government to avoid the policies of the standards development orga- Mr. SCOTT of Virginia. Mr. Speaker, cost of developing duplicative Government nization. I yield back the balance of my time. standards and to more readily use products ‘‘(8) The term ‘standards development organization’ means a domestic or inter- b 1245 and components designed for the commercial marketplace, thereby enhancing quality and national organization that plans, develops, Mr. SENSENBRENNER. Mr. Speak- safety and reducing costs. establishes, or coordinates voluntary con- er, I yield back the balance of my time. (5) Technical standards are written by hun- sensus standards using procedures that in- The SPEAKER pro tempore (Mr. dreds of nonprofit voluntary consensus corporate the attributes of openness, balance WALDEN of Oregon). The question is on standards bodies in a nonexclusionary fash- of interests, due process, an appeals process, the motion offered by the gentleman ion, using thousands of volunteers from the and consensus in a manner consistent with the Office of Management and Budget Cir- from Wisconsin (Mr. SENSENBRENNER) private and public sectors, and are developed cular Number A–119, as revised February 10, that the House suspend the rules and under the standards development principles set out in Circular Number A–119, as revised 1998. pass the bill, H.R. 1529. February 18, 1998, of the Office of Manage- ‘‘(9) The term ‘technical standard’ has the The question was taken; and (two- ment and Budget, including principles that meaning given such term in section 12(d)(4) thirds having voted in favor thereof) require openness, balance, transparency, of the National Technology Transfer and Ad- the rules were suspended and the bill consensus, and due process. Such principles vancement Act of 1995. was passed. provide for— ‘‘(10) The term ‘voluntary consensus stand- A motion to reconsider was laid on (A) notice to all parties known to be af- ard’ has the meaning given such term in Of- the table. fected by the particular standards develop- fice of Management and Budget Circular Number A–119, as revised February 10, 1998.’’; f ment activity, (B) the opportunity to participate in stand- and STANDARDS DEVELOPMENT ORGA- ards development or modification, (2) by adding at the end the following: NIZATION ADVANCEMENT ACT (C) balancing interests so that standards ‘‘(c) The term ‘standards development ac- OF 2003 development activities are not dominated by tivity’ excludes the following activities: any single group of interested persons, ‘‘(1) Exchanging information among com- Mr. SENSENBRENNER. Mr. Speak- (D) readily available access to essential in- petitors relating to cost, sales, profitability, er, I move to suspend the rules and formation regarding proposed and final prices, marketing, or distribution of any pass the bill (H.R. 1086) to encourage standards, product, process, or service that is not rea- the development and promulgation of (E) the requirement that substantial agree- sonably required for the purpose of devel- voluntary consensus standards by pro- ment be reached on all material points after oping or promulgating a voluntary consensus viding relief under the antitrust laws the consideration of all views and objections, standard, or using such standard in con- to standards development organiza- and formity assessment activities. tions with respect to conduct engaged (F) the right to express a position, to have ‘‘(2) Entering into any agreement or engaging in any other conduct that would allocate in for the purpose of developing vol- it considered, and to appeal an adverse decision. a market with a competitor. untary consensus standards, and for (6) There are tens of thousands of vol- ‘‘(3) Entering into any agreement or con- other purposes, as amended. untary consensus standards available for spiracy that would set or restrain prices of The Clerk read as follows: government use. Most of these standards are any good or service.’’. H.R. 1086 kept current through interim amendments SEC. 4. RULE OF REASON STANDARD. Be it enacted by the Senate and House of Rep- and interpretations, issuance of addenda, and Section 3 of the National Cooperative Re- resentatives of the United States of America in periodic reaffirmation, revision, or search and Production Act of 1993 (15 U.S.C. Congress assembled, reissuance every 3 to 5 years. 4302) is amended by striking ‘‘of any person

VerDate Jan 31 2003 02:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.018 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5105 in making or performing a contract to carry whichever is later, file simultaneously with Unlike most other countries, stand- out a joint venture shall’’ and inserting the the Attorney General and the Commission, a ards development is conducted by pri- following: ‘‘of— written notification disclosing— vate, not-for-profit organizations in ‘‘(A) the name and principal place of busi- ‘‘(1) any person in making or performing a the United States. This approach re- contract to carry out a joint venture, or ness of the standards development organiza- ‘‘(2) a standards development organization tion, and flects the fact that private organiza- while engaged in a standards development ‘‘(B) documents showing the nature and tions are better able to keep pace with activity, scope of such activity. the rapid pace of technological change. shall’’. Any standards development organization In 1996, Congress passed the National SEC. 5. LIMITATION ON RECOVERY. may file additional disclosure notifications Technology Transfer and Advancement Section 4 of the National Cooperative Re- pursuant to this section as are appropriate Act to encourage government agencies search and Production Act of 1993 (15 U.S.C. to extend the protections of section 4 to to assist in the development and adop- 4303) is amended— standards development activities that are tion of private, voluntary standards (1) in subsections (a)(1), (b)(1), and (c)(1) by not covered by the initial filing or that have changed significantly since the initial fil- wherever possible. While this legisla- inserting ‘‘, or for a standards development tion has encouraged government adop- activity engaged in by a standards developing.’’, ment organization against which such claim (2) in subsection (b)— tion of privately developed standards, is made’’ after ‘‘joint venture’’, and (A) in the 1st sentence by inserting ‘‘, or a it has also increased the vulnerability (2) in subsection (e)— notice with respect to such standards devel- of standards-developing organizations (A) by inserting ‘‘, or of a standards development activity that identifies the standards to antitrust litigation. The frequency opment activity engaged in by a standards development organization engaged in such with which standards-developing orga- activity and that describes such activity in development organization’’ before the period nizations are named in lawsuits stifles at the end, and general terms’’ before the period at the end, and their ability to obtain technical infor- (B) by redesignating such subsection as mation, hampers their efficiency and subsection (f), and (B) in the last sentence by inserting ‘‘or (3) by inserting after subsection (d) the fol- available to such organization, as the case effectiveness, and undermines the pub- lowing: may be’’ before the period, lic benefits which they advance. ‘‘(e) Subsections (a), (b), and (c) shall not (3) in subsection (d)(2) by inserting ‘‘, or I introduced H.R. 1086 to address this be construed to modify the liability under the standards development activity,’’ after problem. H.R. 1086 merely codifies the the antitrust laws of any person (other than ‘‘venture’’, ‘‘rule of reason’’ for antitrust scrutiny a standards development organization) who— (4) in subsection (e)— of standards-development organiza- (A) by striking ‘‘person who’’ and inserting ‘‘(1) directly (or through an employee or tions, limits their civil antitrust liabil- agent) participates in a standards develop- ‘‘person or standards development organization that’’, and ity to actual damages, and provides for ment activity with respect to which a viola- the recovery of attorneys’ fees to sub- tion of any of the antitrust laws is found, (B) by inserting ‘‘or any standards develop- ‘‘(2) is not a fulltime employee of the ment organization’’ after ‘‘person’’ the last stantially prevailing parties in anti- standards development organization that en- place it appears, and trust cases filed against these organi- gaged in such activity, and (5) in subsection (g)(1) by inserting ‘‘or zations. ‘‘(3) is, or is an employee or agent of a per- standards development organization’’ after However, H.R. 1086 does not auto- son who is, engaged in a line of commerce ‘‘person’’. matically accord these protections to that is likely to benefit directly from the op- SEC. 8. RULE OF CONSTRUCTION. all standards-setting. These protec- eration of the standards development activ- Nothing in this Act shall be construed to alter or modify the antitrust treatment tions extend only to the standards-de- ity with respect to which such violation is velopment organizations which dis- found.’’. under existing law of— (1) parties participating in standards devel- close the nature and scope of their ac- SEC. 6. ATTORNEY FEES. opment activity of standards development Section 5 of the National Cooperative Re- tivities to the Department of Justice organizations within the scope of this Act, or search and Production Act of 1993 (15 U.S.C. and to the Federal Trade Commission. (2) other organizations and parties engaged 4304) is amended— In addition, this legislation applies to in standard-setting processes not within the (1) in subsection (a) by inserting ‘‘, or of a standards-developing organizations scope of this amendment to the Act. standards development activity engaged in whose standards-setting process ad- by a standards development organization’’ The SPEAKER pro tempore. Pursu- heres to principles of openness, volun- after ‘‘joint venture’’, and ant to the rule, the gentleman from tariness, balance, cooperation, trans- (2) by adding at the end the following: Wisconsin (Mr. SENSENBRENNER) and parency, consensus, and due process. ‘‘(c) Subsections (a) and (b) shall not apply the gentleman from Massachusetts with respect to any person who— Finally, H.R. 1086 contains extensive (Mr. DELAHUNT) each will control 20 notification requirements which ensure ‘‘(1) directly participates in a standards de- minutes. that all parties who may be affected by velopment activity with respect to which a The Chair recognizes the gentleman violation of any of the antitrust laws is standard-developing activities are ap- from Wisconsin (Mr. SENSENBRENNER). found, prised of the scope and nature of these GENERAL LEAVE ‘‘(2) is not a fulltime employee of a stand- activities. ards development organization that engaged Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, while several people deer, I ask unanimous consent that all in such activity, and serve credit for this legislation, I would ‘‘(3) is, or is an employee or agent of a per- Members may have 5 legislative days like to personally recognize House son who is, engaged in a line of commerce within which to revise and extend their Science Committee chief counsel Barry that is likely to benefit directly from the op- remarks and include extraneous mate- Beringer, whose hard work and dedica- eration of the standards development activ- rial on the bill, H.R. 1086. ity with respect to which such violation is The SPEAKER pro tempore. Is there tion brought this legislation to the found.’’. objection to the request of the gen- floor and bring credit to this House. SEC. 7. DISCLOSURE OF STANDARDS DEVELOP- tleman from Wisconsin? Mr. Speaker, I am also pleased that MENT ACTIVITY. There was no objection. this legislation has attracted the co- Section 6 of the National Cooperative Re- sponsorship of Judiciary Committee search and Production Act of 1993 (15 U.S.C. Mr. SENSENBRENNER. Mr. Speak- Ranking Member CONYERS, as well as 4305) is amended— er, I yield myself such time as I may (1) in subsection (a)— consume. 12 of its members. In addition, H.R. 1086 (A) by redesignating paragraphs (1), (2), Mr. Speaker, I rise in support of H.R. continues the Judiciary Committee’s and (3) as subparagraphs (A), (B), and (C), re- 1086, the Standards Development Orga- bipartisan tradition of striking the spectively, nization Advancement Act of 2003. proper balance between pro-competi- (B) by inserting ‘‘(1)’’ after ‘‘(a)’’, and Technical standards play a critical, but tive activity while ensuring the active (C) by adding at the end the following: sometimes overlooked, role in fos- role of Federal antitrust agencies in ‘‘(2) A standards development organization tering competition and promoting pub- the promotion of competition in our may, not later than 90 days after com- lic health and safety. Without stand- market economy. mencing a standards development activity engaged in for the purpose of developing or ards, there would be no compatibility Mr. Speaker, I reserve the balance of promulgating a voluntary consensus stand- among broad categories of alternative my time. ards or not later than 90 days after the date products and less confidence in a range Mr. DELAHUNT. Mr. Speaker, I yield of the enactment of the Standards Develop- of building, fire and safety codes that myself such time as I may consume. I ment Organization Advancement Act of 2003, advance the public welfare. wish to express my strong support for

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.005 H10PT1 H5106 CONGRESSIONAL RECORD — HOUSE June 10, 2003 this legislation and my appreciation to zation have worked very hard to ad- zations predisclose the nature and scope of Chairman SENSENBRENNER and Rank- vance this legislation. I want to ac- their standards development activity to the ing Member CONYERS for their bipar- knowledge their efforts. proper antitrust authorities. H.R. 1086 also tisan leadership in bringing it to the Mr. Speaker, I urge support for this amends the NCRA to include SDOs in the floor. bill. framework of NCRA that awards reasonable Nearly 20 years ago, Congress passed Mr. CONYERS. Mr. Speaker, I am pleased attorneys’ fees to the substantially prevailing legislation known as the National Co- to be a cosponsor of this legislation offered by party. operative Research Act of 1984 which Mr. SENSENBRENNER. We have worked hard, The provisions of H.R. 1086 protect SDOs, permitted certain cooperative ventures along with a number of standard development and in turn, SDOs help protect consumers and to reduce their exposure to treble dam- organizations, technology companies and the public. SDOs are nonprofit organizations ages currently provided for under anti- other private interests to craft a bill that will that establish voluntary industry standards. trust laws by making advance disclo- provide some important protections to encour- These standards ensure competition within sures of their activities. The bill before age nonprofit standard development organiza- various industries, promote manufacturing us would provide similar relief to non- tions, or SDOs, to continue their critical work compatibility, and reduce the risk that con- profit organizations that develop vol- of collaborating to set pro-competitive stand- sumers will be stranded with a product that is untary technical standards, known as ards in this industries. SDOs set thousands of incompatible with products from other manu- standards-development organizations, standards that keep us safe and provide uni- facturers. or commonly referred to as SDOs. As formity for everything from fire protections to The nature of the standards development the chairman indicated, these stand- computer systems to building construction, for process requires competing companies to ards developed by these organizations example. bring their competitive ideas to the voluntary play an essential role in enhancing This bill provides a commonsense safe har- standards development process. When one of public safety, facilitating market ac- bor for standard development organizations. the companies believes its market position has cess, and promoting trade and innova- Those that voluntarily disclose their activities been compromised by the standards develop- tion. to federal antitrust authorities will only be sub- ment process that company will likely resort to Yet despite these pro-competitive ef- ject to single damages should a lawsuit later litigation. It is not uncommon for the SDO to fects, these SDOs can find themselves arise. Those who refuse to disclose their ac- be named as a defendant. For nonprofit orga- named as defendants in suits between tivities, or those who take actions beyond their nizations like SDOs, litigation can be very business competitors alleging viola- disclosure, will still be subject to treble dam- costly and disruptive to their operations, and tions of the antitrust laws. Once they ages under the antitrust statutes. This bill treble antitrust damages can be financially are sued, these organizations are forced does not exempt anyone from the antitrust crippling. to expend considerable resources on laws, but it does apply the rule of reason to Under H.R. 1086, the recovery of damages protracted discovery proceedings be- SDOs. Therefore the procompetitive market against SDOs is limited of the organizations fore they are finally able to prevail on effects will be balanced against the anti- prediscloses the nature and scope of their motions for summary judgment which competitive market effects of an action before standards development activity to the proper antitrust authorities. Furthermore, SDOs are occurs in 100 percent of the cases, from a violation of the antitrust laws is found. Orga- only liable for treble damages under antitrust my information. nizations that commit per se violations—mak- laws if they fail to disclose the nature and The bill, like the National Coopera- ing agreements or standards about price, mar- scope of their voluntary standards setting active Research Act before it, takes a ket share or territory division, for example— tivity. moderate approach to addressing this will still be fully liable for their actions. H.R. 1086 strikes a good balance. It does problem. It does not create, as the The rationale for such favored treatment is not grant SDOs full antitrust immunity, but it chairman indicated, a statutory ex- the SDOs, as nonprofits that serve a cross- provides SDOs’ with protection from treble emption or confer immunity from the section of an industry, are unlikely themselves operation of the antitrust laws. Most damages when they provide proper disclosure. to engage in anticompetitive activities. How- H.R. 1086 also benefits the consumer. It en- significantly, it merely ‘‘de-trebles’’ ever, if free from the threat of treble damages, ables the SDOs to develop industry standards antitrust damages in cases where accu- they can increase efficiency and facilitate the that promote price competition, intensify cor- rate predisclosure of collaborative ac- gathering a wealth of technical expertise from porate rivalry, and encourage the development tivities has been made to the Depart- a wide array of interests to enhance product of new products. ment of Justice and the FTC. quality and safety while reducing costs. Mr. Speaker, I support H.R. 1086, and I I think this is the right approach. This is the third bipartisan bill in the last 20 urge my colleagues to do likewise. Congress should allow the antitrust years that has provided some limitation on Mr. DELAHUNT. Mr. Speaker, I yield laws to operate as they were meant to, damages for antitrust liability in order to en- back the balance of my time. without creating special exemptions courage cooperative behaviors by entities Mr. SENSENBRENNER. Mr. Speak- and carve-outs for particular indus- seeking to engage in procompetitive activities. er, I yield back the balance of my time. tries. This bill does not create an ex- This policy has worked well for research and The SPEAKER pro tempore. The emption for SDOs. Instead, it grants joint ventures under the National Cooperative question is on the motion offered by them limited relief of the same type Research and Production Act of 1993 and I the gentleman from Wisconsin (Mr. and in the same manner as the relief trust it will improve the creative environment SENSENBRENNER) that the House sus- provided for by the National Coopera- for standards setting organizations as well. An pend the rules and pass the bill, H.R. tive Research Act to certain coopera- expansion of this policy to standard develop- 1086, as amended. tive joint ventures. It is a moderate ap- ment organizations will allow them to improve The question was taken; and (two- proach, and it has worked well. their innovative efforts, involve a wider range thirds having voted in favor thereof) Again, I want to thank the chairman of industries and technical entities, and im- the rules were suspended and the bill, and the ranking member of the Com- prove product safety and development. as amended, was passed. mittee on the Judiciary for their coop- I’d like to thank the chairman for his cooper- A motion to reconsider was laid on erative joint venture in support of this ative efforts on this bill and I urge my col- the table. bill. I would also like to acknowledge leagues to support this bill. f the efforts of my good friend, Jim Ms. JACKSON-LEE of Texas. Mr. Speaker, Shannon, a former Member of this body as a cosponsor of this legislation, I support EXPRESSING SENSE OF THE and former Attorney General of the H.R. 1086, ‘‘The Standards Development Or- HOUSE SUPPORTING UNITED Commonwealth of Massachusetts. He ganization Advancement Act of 2003.’’ STATES IN ITS EFFORTS IN WTO currently serves as president and CEO This act amends the National Cooperative TO END EUROPEAN UNION’S of the National Fire Protection Asso- Standards Development Act to provide anti- TRADE PRACTICES REGARDING ciation, an international organization trust protections to specific activities of stand- BIOTECHNOLOGY that develops the fire safety codes and ard development organizations (SDOs) relat- Mr. CAMP. Mr. Speaker, I move to standards that protect all of us. The ing to the development of voluntary consensus suspend the rules and agree to the reso- NFPA just happens to be based in my standards. Among other provisions, H.R. 1086 lution (H. Res. 252) expressing the sense hometown of Quincy, Massachusetts; amends the NCRA to limit the recovery of of the House of Representatives sup- and Jim Shannon and this fine organi- antitrust damages against SDOs if the organi- porting the United States in its efforts

VerDate Jan 31 2003 02:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.026 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5107 within the World Trade Organization Administration on behalf of the Nation’s The European Union is made up of (WTO) to end the European Union’s farmers and sound science by challenging the sovereign countries whose citizens protectionist and discriminatory trade long-standing, unwarranted moratorium im- have decided that they would rather practices of the past five years regard- posed in the European Union on agriculture not eat genetically modified food. Mr. and food biotech products and encourages ing agricultural biotechnology, as the President to continue to press this issue. Speaker, when did the United States acquire the right to tell Europeans amended. The SPEAKER pro tempore. Pursu- The Clerk read as follows: what they should be eating? The issue ant to the rule, the gentleman from H. RES. 252 before us is not trade discrimination as Michigan (Mr. CAMP) and the gen- the proponents of this bill have argued. Whereas agriculture biotechnology has tleman from Wisconsin (Mr. KLECZKA) been subject to the strictest testing, based The individual EU countries are simply each will control 20 minutes. debating whether or not to implement on sound science, by the United States De- The Chair recognizes the gentleman partment of Agriculture, the Food and Drug a domestic policy related to geneti- Administration and the Environmental Pro- from Michigan (Mr. CAMP). cally modified food which would also Mr. CAMP. Mr. Speaker, I yield my- tection Agency prior to commercialization be applied to imports. or human consumption; self such time as I may consume. Due to the lack of hard data about Whereas Americans have been consuming Mr. Speaker, I rise in strong support the long-term health effects, in the genetically-modified corn and soybean prod- of H. Res. 252 introduced by my good United States there has also been pub- ucts, which are subject to a rigorous Federal friend from Missouri, Majority Whip lic concern about consuming geneti- review process, for years with no documenta- Roy Blunt. This important resolution cally modified products. According to a tion of any adverse health consequences; expresses support for the administra- Whereas, according to recent studies, bio- Rutgers University Food Policy Insti- tion’s World Trade Organization case tute study, 90 percent of Americans technology has made substantial contribu- against the European Union’s unwar- tions to the protection of the environment said that foods created through genetic by reducing the application of pesticides, re- ranted moratorium on agriculture and engineering should have labels on ducing soil erosion and creating an environ- food biotech products. them. I am proud to join with the gen- ment more hospitable to wildlife; On May 13, 2003, U.S. Trade Rep- tleman from Ohio (Mr. KUCINICH) in his Whereas agriculture biotechnology holds resentative Robert Zoellick and Agri- efforts to require the labeling of ge- tremendous promise for helping solve food culture Secretary Ann Veneman an- netically engineered food. security and human health crises in the de- nounced that the United States, Argen- Although there have been few studies veloping world; tina, Canada, and Egypt would file a devoted to health effects of genetically Whereas there is objective and experience- WTO case against the European Union based agreement in the scientific commu- modified food, some scientists claim nity, including the National Academies of over its illegal 5-year moratorium on that there may be a link between the Science, the American Medical Association, approving agricultural biotech prod- resurgence of infectious diseases and the Royal Society of the United Kingdom, ucts. Other countries expressing sup- genetic modifications in the U.S. food the French Academy of Medicine, the French port for this case by joining it as third supply. There have even been cases of Academy of Sciences, the joint report of the parties include Australia, Chile, Co- lab animals suffering immune system national science academies of the United lombia, El Salvador, Honduras, Mexico, damage and allergic reactions after Kingdom, the United States, Brazil, China, New Zealand, Peru, and Uruguay. eating biotech food. India and Mexico, twenty Nobel Prize win- Since the late 1990s, the European I think that Members would agree ners, leading plant science and biology orga- Union has opposed the use of agri- that the WTO should not interfere with nizations in the United States and thousands the creation of domestic law in this of individual scientists, that biotech foods culture biotechnology and pursued are safe and valuable; policies opposing genetically engi- Chamber, so I ask Members to apply Whereas European Union decisions on agri- neered products around the world. The the same principle to our friends in Eu- culture and food biotechnology are being current 5-year moratorium on the ap- rope. driven by policies that have no scientific jus- proval of new agriculture bio- Mr. Speaker, I urge Members to op- tification, do not take into account its ca- technology products entering the Euro- pose this heavy-handed measure. pacity for solving problems facing mankind, pean market has no scientific basis, ef- Mr. Speaker, I reserve the balance of and are critical of the leading role of the fectively prohibits most United States my time. United States in scientific advancement; corn exports to Europe, violates Euro- Mr. CAMP. Mr. Speaker, I yield 4 Whereas since the late 1990s, the European minutes to the gentleman from Ne- pean Union law, and clearly breaches Union has opposed the use of agriculture bio- braska (Mr. BEREUTER). World Trade Organization rules. technology and pursued policies which result (Mr. BEREUTER asked and was According to recent studies, bio- in slowing the development and support of given permission to revise and extend genetically-engineered products around the technology has made substantial con- world; his remarks.) tributions to the protection of the en- Mr. BEREUTER. Mr. Speaker, I Whereas the five-year moratorium on the vironment by reducing the application approval of new agriculture biotechnology thank the gentleman for yielding me of pesticides, reducing soil erosion and this time. I rise in strong support of H. products entering the European market has creating an environment more hos- no scientific basis, effectively prohibits most Res. 252. I commend the gentleman United States corn exports to Europe, vio- pitable to wildlife. Since its implemen- from Missouri for introducing this im- lates European Union law, and clearly tation in October 1998, the moratorium portant resolution. breaches World Trade Organization (WTO) has blocked more than $300 million an- It is clear that the U.S. must send a rules; nually in United States corn exports to strong and unmistakable message to Whereas since its implementation in Octo- countries in the European Union. This the European Union that its discrimi- ber 1998, the moratorium has blocked more is completely unacceptable. natory and protectionist trade prac- than $300,000,000 annually in United States I urge my colleagues to support this corn exports to countries in the European tices regarding biotechnology will not resolution and support the administra- be tolerated. As the chairman of the Union; tion, sound science, and United States Whereas the European Union’s unjustified Subcommittee on Europe, this Member moratorium on agriculture biotech approv- farmers at the WTO. asserts that this is an important issue als has ramifications far beyond the United Mr. Speaker, I reserve the balance of in trans-Atlantic relations. This reso- States and Europe, forcing a slowdown in the my time. lution puts the House on record as sup- adoption and acceptance of beneficial bio- Mr. KLECZKA. Mr. Speaker, I yield porting the U.S. in its efforts within technology to the detriment of starving peo- myself such time as I may consume. the World Trade Organization to end Earlier this year, the U.S. Trade Rep- ple around the world; and these practices. Whereas in the fall of 2002 it was reported resentative announced that the United The EU’s current moratorium on ap- that famine-stricken African countries re- States would file a World Trade Orga- jected humanitarian food aid from the proving new agricultural biotech prod- nization case against the European ucts has no scientific basis. United States because of ill-informed health Union over its 5-year moratorium on and environmental concerns and fear that fu- b 1300 ture exports to the European Union would be approving genetically modified foods. jeopardized: Now, therefore, be it The measure before us today supports It harms U.S. agricultural producers Resolved, That the House of Representa- the Bush administration’s challenge to and it exacerbates food shortages in Af- tives supports and applauds the efforts of the the EU’s longstanding moratorium. rica. This Member has been strongly

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.027 H10PT1 H5108 CONGRESSIONAL RECORD — HOUSE June 10, 2003 urging the administration to take ac- Mr. KLECZKA. Mr. Speaker, I yield 5 This is a time for us to stand up for tion on this issue by bringing a case minutes to the gentleman from Ohio the American farmer who is having dif- against the EU to the WTO, and is very (Mr. KUCINICH). ficulty surviving. Family farmers are pleased the announcement has been Mr. KUCINICH. Mr. Speaker, I want having trouble surviving because they made that we have done so. to thank my colleague, the gentleman cannot get their price and they cannot The current EU restrictions on the from Wisconsin (Mr. KLECZKA), for his get access to markets. Both of these importation of food with genetically leadership on this matter to protect are occasioned by the problems modified organisms, GMOs, have cost consumers in this country and also to brought about by agribusiness and by agricultural producers billions of dol- protect the rights of farmers. monopolies in agriculture. lars in recent years. The U.S. must be The fact of the matter is that this ac- We should stand up for the family aggressive in knocking down such non- tion would harm U.S. farmers. EU con- farmers and oppose H. Res. 252. We tariff trade restrictions. sumers have clearly expressed their de- should create policies which enable our sire to buy non-genetically engineered The EU’s delay on lifting the morato- family farmers to get those markets in foods. However, the weak U.S. biotech rium on biotech crops is unacceptable Europe, that we know have belonged to regulations prevent U.S. exports of and the WTO action is certainly appro- them for so many years, but have been non-genetically engineered foods be- priate. The intransigence by the EU is precluded because of the practices of cause of fears they are contaminated. agribusiness. having a very detrimental effect on H. Res. 252 fails to address weak agri- Mr. CAMP. Mr. Speaker, I yield such American farmers. It has been reported culture regulations that leave non-GE time as he may consume to the gen- that since the early 1990s, U.S. corn ex- food vulnerable to contamination by tleman from Missouri (Mr. BLUNT). ports to Europe have plummeted 95 genetically engineered foods. Mr. BLUNT. Mr. Speaker, I thank percent, and this issue is one of the EU consumers are clamoring for non- the gentleman for yielding me time. causes. Incredibly, too, they have used genetically engineered food. All we Mr. Speaker, I rise today to thank their emotional arguments against need to do is to sell them what they the Committee on Ways and Means, the GMOs to coerce African countries fac- want and U.S. farmers will have a gentleman from California (Chairman ing famine not to accept donated strong market again. THOMAS) and the gentleman from American food and agricultural prod- When you think about it, U.S. agri- Michigan (Mr. CAMP) for bringing this ucts. So in contrast to what the gen- culture has been the pride of the world. important resolution to the floor in tleman from Wisconsin said, this is We have been the breadbasket of the such a timely fashion. I introduced this strictly not a European issue, this is world. Our agriculture is second to resolution 2 weeks ago, and I want to coercion on their part against African none. But of course, when you have thank the gentleman from Illinois countries who are compelled to leave these corporate agribusinesses come in (Speaker HASTERT), our majority lead- that food donated to deal with famine with a different agenda, then you see er, the gentleman from Texas (Mr. and malnutrition setting on the docks. the interests of farmers undermined. DELAY), our conference chairman, the Also troubling are the indications Now, several farm organizations op- gentlewoman from Ohio (Ms. PRYCE), that the EU is planning to move for- pose H. Res. 252 because it supports a the gentleman from Virginia (Mr. ward with labeling and traceability re- complaint to the World Trade Organi- GOODLATTE), the gentleman from Texas quirements that will continue to act as zation challenging the EU’s authoriza- (Mr. STENHOLM), and the gentleman a mechanism to block U.S. agriculture tion system on approving genetically from California (Mr. CARDOZA) for join- products. This clearly runs counter to engineered food. H. Res. 252 is a gift to ing me in this effort. the WTO principle that rules should be corporate agribusiness. That is why the This is a timely effort. It is a discus- based on scientific evidence. National Family Farm Coalition, the sion we need to have. It is a discussion I think it is interesting to note that American Corn Growers Association that, frankly, in the European commu- David Byrne, EU Commissioner for and the Soybean Producers of America nity has gone on for too long. In Octo- Health and Consumer Protection, has all oppose H. Res. 252. ber 1998, the European Union did a tre- been quoted as saying, ‘‘The EU’s posi- Family farmers have suffered a great mendous disservice to American bio- tion on genetically modified food is deal of damage to their trade markets technology by issuing a ban on the im- that it is as safe as conventional food.’’ because agribusiness pushed a product porting of agricultural biotech crops. However, the moratorium remains in on U.S. farmers that the people of the Although this action was supposed to place and American farmers continue world rightfully refused to accept. be a moratorium, it has lasted now for The recently completed national sur- to lose valuable markets, not just in close to 5 years. vey of corn producers by the American Europe, but third world countries. This In my opinion, this is no longer a Corn Growers Foundation, conducted matters because it is more important moratorium, but a ban which is clearly as farmers began planting corn in to the farmers today facing difficult a violation of Europe’s WTO obliga- April, shows that farmers do not sup- tions and needs to be reversed as soon times due to the ongoing drought and port this complaint to the WTO. Sev- as possible. lower revenue. enty-six percent of farmers stated that The damage that this moratorium When filing the WTO case, U.S. Trade the U.S. should not file a WTO lawsuit has done is dramatic, to say the least. Representative Robert Zoellick stated against Europe regarding genetically For example, since the moratorium clearly why it is so important for the engineered food. Seventy-eight percent went into effect, U.S. corn exports have U.S. to take action. He said, ‘‘The EU’s of farmers believe in keeping your cus- diminished from a high of 1.56 million moratorium violates WTO rules. Peo- tomers satisfied and in keeping world metric tons to approximately 23,000 ple around the world have been eating markets open to U.S. corn, and that metric tons last year. This has resulted biotech food for years. Biotech food means planting traditional non-GMO in the loss of close to $1 billion in corn helps nourish the world’s hungry popu- corn varieties instead of biotech GMO sales. The tragic thing is that there is lation, offers tremendous opportunities corn varieties. Eighty-two percent of no basis, scientific or otherwise, that for better health and nutrition and pro- farmers believe that the U.S. Govern- can justify such an economic hardship tects the environment by reducing soil ment must respect the rights of Euro- on our corn farmers and on other farm- erosion and pesticide use.’’ This Mem- peans, Japanese, and all consumers ers of other products that take advan- ber believes that the EU’s GMO stand- worldwide so they are able to make a tage of new technology. ards are transparently devoid of any choice as to whether they and their On May 13, the administration took relationship to sound science, and are children consume foods containing ge- the first steps toward rectifying this either based strictly on emotion or are netically engineered commodities. situation by filing a World Trade Orga- designed quite simply as trade barriers, Only, and I say only, large agri- nization case against the European or both. business supports the bill and this bill Union over its illegal 5-year morato- The U.S. is correct in taking strong will increase the profits of large agri- rium on approving agricultural biotech action to bring this back to reason. I business, and it will do it at the ex- products. Despite repeated assurances strongly support H.R. 252 and urge my pense of farmers and at the expense of from European officials that the mora- colleagues to support it. consumers. torium would be lifted, there is no sign

VerDate Jan 31 2003 01:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.063 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5109 of any change in policy. In fact, there in the war in Iraq, or anybody else in we evolve into greater assurance that is ample evidence that this policy will Europe, how dare we try to override we are going to have safety, both to continue. their public health and their public human health, to animals, and to the The position that the European safety laws? Imagine if they did that to environment, we need to move ahead Union and many of its member coun- us. We have no business saying we with this technology. tries took regarding our efforts to pro- know best. We are going to tell you in Look, the possibilities in developing vide food to Africa is also mentioned in France, you in Germany, you in Po- countries are so tremendous. That is this resolution. The idea that starving land, you in England, we are going to why our whip mentioned that the day people would not be allowed to have ac- tell you what your public safety laws after tomorrow I am holding a hearing cess to the same kinds of products that are going to say, what your public on biotechnology. The Speaker is going American consumers use every day is health laws are going to say. to lead off the testimony in that hear- an idea that is unacceptable. Mr. Speaker, I ask the House to vote ing on the potential and safety of bio- The Subcommittee on Research of no on H. Res. 252. technology. We are going to have Rita the Committee on Science, chaired by Mr. CAMP. Mr. Speaker, I yield 3 Caldwell from NSF come to tell us the gentleman from Michigan (Chair- minutes to the gentleman from Michi- about the implementation of what we man Smith) will be looking carefully gan, a member of the Committee on put in my NSF bill in terms of working at this issue tomorrow, with the Agriculture and a good colleague. with African scientists, developing Speaker as the leadoff witness. (Mr. SMITH of Michigan asked and products that are going to help their My colleagues and I introduced was given permission to revise and ex- particular country. And if we get into House Resolution 252 because we be- tend his remarks.) Africa, eventually, science and bio- lieve that the Bush administration is Mr. SMITH of Michigan. Mr. Speak- technology are going to prevail. We are correct in this area and needs to take er, I thank the gentleman for yielding going to have Mr. Natsios, the adminis- the appropriate action on behalf of our me time. trator of AID, say how important it is Nation’s farmers and on behalf of This an important discussion. Maybe that we do not restrict this technology sound science by challenging this mor- it would be reasonable, Mr. Speaker, to for developing countries. atorium on agriculture and food start out trying to explain what is bio- Vote for this resolution and vote to biotech products. technology? let science, not emotion, rule the fu- Mr. KLECZKA. Mr. Speaker, I yield 2 Gregor Mendel discovered dominant and re- ture of agricultural biotechnology. minutes to the gentleman from Ohio cessive traits in plants in the mid 19th century. On May 12th, the Speaker of the House and (Mr. BROWN). He started taking two quality plants and cross- members of Congress joined with the Bush Administration to challenge the European Mr. BROWN of Ohio. Mr. Speaker, I ing them to see if you could come out thank my friend for yielding me time. with an improved variety. So we have Union’s import ban on genetically modified Mr. Speaker, I rise in opposition to had cross-breeding, we have had hybrid (GM) crops. WTO rules, while allowing coun- H. Res. 252. This bill is not about solv- breeding ever since. Now we have fin- tries to reject imports on the basis of health ing world hunger and it is not about ished gene cataloguing of an agricul- and environmental concerns, require that any such policy be supported by scientific evi- promoting agriculture. What this bill tural plant called the Arabidopsis, a dence. is about is promoting bad policy. This mustard plant. However, the EU has refused to process bill goes to the fundamental issues of But with 25,000 genes, you just took sovereignty and shifting power from new applications for trade of transgenic food your chances when mixing two plants crops since 1998 without even attempting to democratically determined public together. Sometimes the product health laws and rules to corporate in- demonstrate any compelling scientific reasons. turned out poisonous or allergenic. It is estimated that over $300 million annually terests. Ultimately this and chapter 11, Sometimes it was very undesirable for the investor state provisions in the in U.S. corn exports alone are being lost. a raft of other reasons. Even EU Enviroment Commissioner Margot North American Free Trade Agree- Now we have the scientific tech- ment, in the Singapore and Chilean Wallstrom has admitted that, ‘‘We have al- nology to pick out one single gene and ready waited too long to act. The moratorium agreements, probably every other decide what characteristics are going is illegal and not justified.’’ agreement that the Zoellick Trade to evolve from that gene, and instead While the EU stance on GM crops is an un- Representative’s office will negotiate, of taking your chances by mixing 25,000 fair economic burden on American farmers, it will be used to override all kinds of or 30,000 genes of two plants, you pick is also an unjust burden on the world’s poor- public health and worker safety laws. out one gene because you want a cer- est continent. With approximately 180 million Understand what this is. What we are tain characteristic. You put it into undernourished people, Africa stands to ben- doing is we are telling the Europeans that other plant and predetermine efit tremendously from GM crops. that they cannot enforce their own what is going to happen as a result. The EU is exploiting Africa’s dependence on food safety laws. The European Union b 1315 the EU market to stall acceptance of GM has passed legislation specifically de- crops. For example, with its population literally termining what kind of food products, Now, there is a lot of scare of what starving last year, Zambia rejected 23,000 what kinds of food safety laws that might happen generations from now. In metric tons of U.S. food aid because Europe they wanted. This resolution is telling the discussion of this resolution, it might reject future Zambian corn exports. EU them that we have the right in the seems to me that we should not be de- pressure is even impeding research on new United States to override what the Eu- bating whether this is a trade issue. transgenic crop varieties important to bringing ropean Union democratically elected This is now going to be in the hands of Africa closer to sustainability. Parliament and democratically deter- the WTO to decide whether or not it is The Speaker of the House, USAID Adminis- mined rules and regulations want to unfair. But everybody, Mr. Speaker, trator, and leading scientists will testify at my do. needs to understand, other countries Research Subcommittee hearing this Thurs- Imagine if the French, the French of are trying to keep our products out of day. We will examine barriers to plant bio- all people, or the Germans, came to us their country for one reason or an- technology in Africa and new government pro- and came to the World Trade Organiza- other, restricting imports for bio sani- grams supporting partnerships with African tion and said we do not like an envi- tary reasons or anything else they can scientists in Africa. ronmental law, we do not like a safe come up with. And in this case, it ap- The U.S. challenge moves us one step clos- drinking water law, a food safety law, pears that they are trying to keep our er to removing unfair barriers that hurt Amer- that the United States Congress has agricultural products, that we produce ican farmers and deny the people of Africa a passed and we want to override it. How more efficiently, out of Europe and tool for combating hunger. Please support H. dare the French or Germans try to Japan and some of these other coun- Res. 252. override our public health laws and tries, simply because they do not want Mr. KLECZKA. Mr. Speaker, I yield 1 compromise our sovereignty. it to disrupt the problems of their minute to the gentleman from North How dare the United States tell the farmers and they want to protect their Dakota (Mr. POMEROY), a distinguished Germans and French and the Poles, markets. We are going to let the WTO member of the Committee on Ways and new members of the EU and our allies decide if it is restraint of trade. But as Means.

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.031 H10PT1 H5110 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Mr. POMEROY. Mr. Speaker, I thank So this resolution is a good resolu- just the farmers in my district. Geneti- the gentleman for yielding me this tion. This also would help us feed the cally enhanced crops have increased time; and with 1 minute, I will have to people of the world who are starving. yields, decreased production inputs, be brief. This really is not about So I would hope everyone would vote and reduced pesticide usage. In the biotech. It is about whether global ag- for this. And if any Members have any near future, this technology will allow riculture trade will be conducted under doubts before this vote, they may want U.S. farmers to produce healthier, the rules adopted by the countries pur- to call Tony up in Rome at the Food fresher, and more nutritious food prod- suant to trade agreements. and Agricultural Organization and get ucts for consumers. There is a procedure for evaluating his thinking, because this is a major Throughout its lifetime, agricultural the safety and soundness of agriculture issue of famine and feeding hungry peo- biotechnology has been the subject of products to be exported into a market- ple, particularly in Africa. the strictest testing by USDA, FDA, place. Under the WTO, it requires that Mr. Speaker, I rise today in support of H. and EPA prior to consumption, and has measures regulating imports be based Res. 252, but not because of the benefits to made considerable contributions to on sufficient scientific evidence and U.S. trade or our agricultural industry, but out protection of the environment by re- that countries operate regulatory ap- of concern for the millions of hungry people ducing the application of pesticides. proval and procedures without undue around the globe. In a world as plentiful as However, amongst this growing cli- delay. Basically, the Europeans have ours, it is unconscionable that women and mate for innovation, the European thrown up this effort to keep our prod- children still die of hunger. Union has continued to pursue a path uct out, and they have not followed the I have traveled to Africa to witness the dev- of opposition. The EU moratorium has WTO actions in so pursuing this course astation of famines, first in 1984 and most re- cost U.S. farmers almost $300 million a of action. cently, earlier this year. I saw women and chil- year in corn exports alone and goes di- That is why the resolution before us dren who were too weak to feed themselves. rectly against the WTO mandate that commending our President is exactly Thankfully, relief efforts for the 30 million Afri- the regulation of imports be based on the right thing to do. We can only par- cans, whose lives are in peril, are not being ‘‘sufficient scientific evidence.’’ As ticipate as a full partner with other na- complicated by refusals of certain food sup- such, their policies have resulted in a tions in trade agreements if people fol- plies, as was the case last year in Zambia. slowdown of development and support low the rules. We have rules. The rules Developing countries need biotechnology to of genetically engineered products are being ignored to keep their mar- improve crop viability and yield. However, as around the world. I believe that the EU’s opposition to kets closed to our exports. We need to long as such agricultural products remain un- agriculture biotechnology has much pass this resolution. acceptable to European markets, developing more to do with the discriminatory Mr. CAMP. Mr. Speaker, I yield 2 countries are likely to continue to reject the trading practices that they employ, minutes to the gentleman from Vir- very thing they need to bring them to self-suffi- rather than environmental science. I ginia (Mr. WOLF). ciency and beyond. applaud the work of the U.S. Depart- (Mr. WOLF asked and was given per- American agricultural products are among ment of Agriculture and the U.S. Trade mission to revise and extend his re- the safest in the world—even Europe’s offi- Representative to challenge the EU’s marks.) cials admit that. But making a convincing case moratorium on this technology, and I Mr. WOLF. Mr. Speaker, I want to on the safety of U.S. products is difficult. am happy to lend my support to this share in the comments of the gen- Last year, Zambians turned down geneti- important resolution. I urge Members’ tleman from North Dakota (Mr. POM- cally modified maize from the U.S., fearing EROY) and agree with him. Also, I ‘‘aye’’ votes. that when their agricultural industry recovers, Mr. KLECZKA. Mr. Speaker, I yield 2 would ask the Members that are think- they would no longer be able to sell their prod- ing of voting against this, this boils minutes to the gentleman from North ucts to their main export market, Europe. Carolina (Mr. ETHERIDGE). down to be really kind of a moral issue In an effort to alleviate this concern, and at (Mr. ETHERIDGE asked and was of famine in Africa. I learned about considerably increased costs, the U.S. offered given permission to revise and extend this issue from our former Member, a milled version free from any seeds that his remarks.) Congressman Tony Hall. farmers could plant, thereby protecting Zam- Mr. ETHERIDGE. Mr. Speaker, I What is happening in Africa, there bia’s agricultural sector. Tragically, the Zam- thank the gentleman for yielding me are 35 million to 40 million people that bian government never accepted the food. this time. are basically almost starving to death. Famine relief and building longer term self- Mr. Speaker, I rise today in support In Zambia and Zimbabwe, they have sufficiency in Africa is a global issue that re- of the resolution and to state my sup- been using this argument, and the peo- quires a response from all nations. The U.S. port and urge House support for the ad- ple are starving and the genetically has provided leadership through its contribu- ministration and its decision to take modified or biotech foods are in the tion in 2002 of 51 percent of the food provided on the European Union and its dis- warehouses. What is taking place is by the UN World Food Programme. Europe’s criminatory practices against biotech some of our friends, and they are combined contribution totaled only 27 percent. projects. friends in Europe, are using this as a I don’t know which saddens me more, Agriculture has changed greatly in trade mechanism with regard to their knowing that European countries like France recent years. When I was growing up on economy and their jobs; and as a result have the ability to contribute more to famine a farm in Johnston County, the most of this, people are dying in Africa. relief efforts, but haven’t, or knowing the situa- advanced technology we had was an old So this is an issue with regard to the tion is being exacerbated by European opposi- tractor. It was a big improvement, economy, but I will not say more im- tion to importing biotech agricultural products. though, over the mule and plow that portant; but I personally believe it is This resolution is an important statement to we had had previously. more important. It is an issue of peo- encourage the Administration in its efforts to These days, biotechnology has moved ple, particularly in Africa. People liv- challenge the unwarranted moratorium by EU farming to the cutting edge of tech- ing in Ethiopia, there is a famine of countries on genetically modified agricultural nology. I have always been and still re- biblical proportions. Now, fortunately, products. main a strong supporter of using bio- the Ethiopian Government is not fore- I urge a unanimous vote of support. technology to benefit American agri- closing this; but in Zambia they are, in Mr. KLECZKA. Mr. Speaker, I yield 2 culture and our society as a whole. In Zimbabwe, Mugabe has it in the ware- minutes to the gentleman from Cali- fact, when I was appropriations chair- houses and the people are starving out- fornia (Mr. CARDOZA). man in North Carolina’s general assem- side, and they cannot eat. Some of the Mr. CARDOZA. Mr. Speaker, I rise bly, I helped fund the establishment of other countries, Uganda is going today in support of House Resolution the North Carolina Biotechnology Cen- through the same thing. They have ge- 252 supporting the United States’ effort ter, because I could see biotechnology netically modified banana plants. to end the European Union’s discrimi- was the science of the future. Con- Their banana industry is falling off, natory trade practices regarding agri- sequently, North Carolina has become and they are afraid to use it because culture biotechnology. a leader in the field of biotechnology. they are afraid they will not be able to Biotechnology is critically important The gains that biotechnology brings have their exports going in to France. for the future of U.S. agriculture, not to agriculture, efficiency, reduced use

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.035 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5111 of pesticides, higher crop yields, and the Midwest. Roughly 55 percent of the ty of the newly introduced trait, on the healthier products, are well docu- corn grown in Nebraska and a high per- safety of the whole food, and consider mented. That is why I find it ironic centage of the beans grown in Ne- issues including toxicity, allergenicity, that the continent that gave birth to braska are biotech, and roughly $300 nutritional content, and antibiotic re- the Renaissance and the Enlighten- million in corn exports is being sistance. ment is turning its back on a proven blocked by the current boycott. Our forward-looking regulatory sys- science, despite the increasing amount As has been mentioned by several tem has not only ensured the safety of of evidence as to the safety and effec- speakers previously, this boycott is not our food supply, it has allowed the de- tiveness of this technology. about safety. It is a tariff, and it is a velopment of technologies that have What is really a shame is that the thinly disguised tariff. The European improved our food supply and lowered Europeans’ fear of biotechnology is Union did the same thing in blocking the cost of production. Besides low- having tragic consequences. The Euro- our beef that was fed hormones. The ering costs, biotechnology has the po- pean Union is actually discouraging WTO stepped in and said, look, that is tential to reduce crop risks and im- nations facing food shortages and fam- nonsense. This is against WTO rules, so prove food security in developing coun- ine from accepting food aid that may it is something that has precedent. So tries, as we heard the gentleman from contain biotech products. the European Union has simply said, Virginia (Mr. WOLF) speak about a mo- The Europeans’ actions and attitude well, we will go ahead and pay the fine; ment ago. Examples include US-AID regarding biotechnology are, at best, it saves us the money. We will pay $116 projects in Africa to improve produc- indefensible, and maybe immoral re- million a year in blocking your beef, tion of peas and bananas. garding the European Union’s rule. I and that is essentially what this tariff Regulations based on protectionism strongly applaud Ambassador is doing as well. instead of science have a chilling effect Zoellick’s work in this area, and I urge Already, people have mentioned sev- on research and the adoption of bio- the passage of this resolution. eral times about the fact that starving technology. When there is uncertainty I rise today in support of this resolution to people, particularly people in Africa, that a product of biotechnology will be state the House’s support for the Administra- have had their products blocked; and accepted, farmers are reluctant to tion in its decision to take on the European this is, I think, unconscionable. adopt the product, despite its proven Union and its discriminatory practices against Lastly, let me just say in regard to safety and benefits. U.S. biotechnology products. the reduction of pesticides, water use, I believe that the US and the EU have a re- Agriculture has changed greatly in recent fertilizer, these are certainly good for sponsibility as developed nations to lead by years. When I was growing up on a farm in the environment. And we hear people example in developing regulatory systems that Johnston County, NC, the most advanced all around the country decrying not only promote safe food, but also promote technology we had was a tractor, a big im- biotech; and yet Brazil, when we were a better and more secure food supply. provement over a plow, a mule. These days, down there a year ago, said they really And I am disappointed that Europe has so biotechnology has moved farming to the cut- did not believe in biotech, and yet they far been unable to construct a science-based ting edge of technology. are raising 1 million acres of soybeans. regulatory system for food that encourage de- I have always been and still remain a strong So they obviously know it is safe. So velopment of new technologies that can ben- supporter of using biotechnology to benefit usually these are simply tariff barriers. efit developed and developing countries American agriculture and our society as a I certainly applaud the resolution, and around the world. The resolution before us today supports our whole. I urge support of it. It makes a lot of requests for consultations with Europe on this In fact, when I was appropriations chairman sense. in the North Carolina General Assembly, I Mr. KLECZKA. Mr. Speaker, I yield 2 important issue, and I urge my colleagues to helped fund the establishment of the North minutes to the gentleman from Texas support it. Carolina Biotechnology Center because I (Mr. STENHOLM). b 1330 could see biotech was a science of the future. (Mr. STENHOLM asked and was Mr. CAMP. Mr. Speaker, I yield 2 Consequently, my State of North Carolina has given permission to revise and extend minutes to the chairman of the Com- prospered as a leader in the field. his remarks.) mittee on Agriculture, the gentleman The gains that biotechnology brings to agri- Mr. STENHOLM. Mr. Speaker, I rise culture in efficiency, reduced use of pesticides, from Virginia (Mr. GOODLATTE). in support of House Resolution 252. I (Mr. GOODLATTE asked and was higher crop yields, and healthier products are feel compelled to remind all 280 million given permission to revise and extend well documented. Americans once again that we are That’s why I find it ironic that the continent his remarks.) truly blessed in this country to have Mr. GOODLATTE. Mr. Speaker, I that gave birth to The Renaissance and The the most abundant food supply, the thank the gentleman from Michigan Enlightenment is turning its back on a proven best quality of food, the safest food for yielding me this time. science, despite the increasing amount of evi- supply at the lowest cost to our people Mr. Speaker, this is an important dence as to the safety and effectiveness of of any country in the world. That has resolution and I hope all of the Mem- this technology. not happened by accident. It has al- bers of the House will support it. Ear- And what’s really a shame is that the Euro- ways happened because we have always lier this year, as the chairman of the peans’ fear of biotechnology is having tragic used sound science, peer-reviewed, in Committee on Agriculture, I had the consequences. The European Union is actu- order to make two blades of grass grow opportunity to meet with Pascal ally discouraging nations facing food short- where one grew before. Lamy, the European Union Commis- ages and famine from accepting U.S. food aid Now, we have repeatedly heard even sioner for Trade, and to strongly make that may contain biotechnology products. The Europeans’ actions and attitudes re- today the explanation that the Euro- the case that this moratorium that Eu- garding biotechnology are indefensible, and pean Union maintains its ban on new rope has imposed upon U.S. biotech according to WTO rules, illegal. approvals of biotech products because products should be dropped and a rea- I strongly applaud USTR Ambassador European consumers are unwilling to sonable system should be administered Zoellick for pressing forward with this case accept biotechnology due to safety con- in its place; not what they are cur- against the European Union in the WTO. cerns. That explanation disappoints rently contemplating, which is a trac- We must continue to show the world that me. ing and labeling requirement, which biotechnology offers a new Renaissance in There are no peer-reviewed, scientific will make it in some instances even agriculture for those willing to reject fear. risk assessments that conclude that harder for us to sell our products into I urge the House to pass this resolution, and food products of agriculture bio- Europe. show our support for a science that offers pro- technology are inherently less safe I pointed out to them that people found benefits for all of humanity. than their traditional counterparts. have been starving in Africa because of Mr. CAMP. Mr. Speaker, I yield 2 Bio-engineered crops in the United their policies. He took great umbrage minutes to the gentleman from Ne- States are rigorously reviewed for envi- at my suggestion that the Europeans braska (Mr. OSBORNE). ronmental and food safety by USDA, were in fact promoting such a policy in Mr. OSBORNE. Mr. Speaker, obvi- EPA, and FDA. Food safety reviews of Africa, but it turns out that that is ex- ously, biotech is really important to bio-engineered crops focus on the safe- actly the case.

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.036 H10PT1 H5112 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Through the organizations that they vitamin A deficiency. Another product being Mr. CAMP. Mr. Speaker, I yield 2 hire to distribute their own European developed could also help reduce iron defi- minutes to the gentleman from Illinois food aid in African countries, they ciencies, thus reducing anemia among millions (Mr. SHIMKUS). have spread the word that if they feed of women and children worldwide. (Mr. SHIMKUS asked and was given U.S. biotech grapes to their livestock, The United States is not trying to force con- permission to revise and extend his re- they will not be able to sell that live- sumers to buy these biotechnology products. marks and include extraneous mate- stock into Europe. It turns out that Consumer choice is the key and the morato- rial.) the Spanish, who agree with us on this rium is an example of the European govern- Mr. SHIMKUS. Mr. Speaker, I rise position, by the way, grow thousands ment denying their consumes a choice. The today as co-chairman of the House Bio- and thousands of acres of biotech crops moratorium is not based on science, but it is technology Caucus in strong support of in Spain, feed it to livestock, and sell a blatant protectionist trade barrier. American House Resolution 252. Approvals for it all over Europe anyway. farmers and ranchers are merely asking that biotech commodities are critical to the So the European policy on this issue their safe, sound and affordable product be al- future of biotechnology. By filing a is clearly nothing more than an artifi- lowed on the shelves in Europe. complaint with the WTO, the adminis- cial trade barrier. It is against the in- America’s farmers and ranchers produce the tration has taken the necessary steps terests of their people, their con- safest and most bountiful food supply in the to respond to the European Union’s sumers, to have the opportunity to world. Their goal is to share this bounty with moratorium on biotech food products. have greater quality foods, foods that those who need it most, while at the same The EU moratorium is a clear viola- have greater vitamin retention, foods time having access to markets around the tion of Europe’s WTO obligations. The that are more environmentally sound, world. While United States farmers have uti- policy has cost American farmers hun- foods that can be grown in places like lized many of the new technologies, some dreds of millions of dollars in export subSaharan African that are more farmers are hesitant to use biotechnology be- sales and seriously hindered the adop- drought-resistant. All of these things cause of the moratorium in Europe. tion of an enormously beneficial tech- are important for us to promote, and The European Union’s (EU) illegal and un- nology. Moreover, the hysteria brought that is what biotechnology does. scientific moratorium should be lifted and a on by the EU policies has begun to I commend the Bush administration WTO case against the EU will send a mes- spread beyond European borders. It was for taking this case to the World Trade sage to the rest of the world that illegitimate, time to act. Organization, and I urge my colleagues non-science based trade barriers will not be Specifically, the European Union rep- to support this resolution. tolerated. resents a $1 billion per year market for Mr. Speaker, I rise today in strong support I urge my colleagues to support H. Res. U.S. soybeans and their products, a $500 of H. Res. 252. America’s farmers and ranch- 252. Mr. KLECZKA. Mr. Speaker, I yield 2 million market for U.S. corn gluten ers deserve to have the best technologies minutes to the gentleman from Ohio feed, and a former $300 million per year available at their disposal and I am hopeful market for the U.S. commodity corn. (Mr. RYAN). that an end to the EUs illegal and long- (Mr. RYAN of Ohio asked and was The U.S. lost its commodity corn ex- standing moratorium on agricultural bio- given permission to revise and extend port business to the European Union in technology may be near. his remarks.) recent years over issues related to the Agricultural biotechnology is one of the most Mr. RYAN of Ohio. Mr. Speaker, I acceptance of biotechnology-enhanced promising developments in modern science. thank the gentleman for yielding time products. This science should be embraced and not to me. I would also like to thank the As the U.S. already exports more banned, for it can help to provide answers to leadership of a colleague of mine, the than one-third of its agricultural pro- the problems of hunger around the world. It gentleman from Ohio (Mr. BROWN), who duction and farm States such as Illi- would be a shame if developing countries in has been tremendous on this issue. nois export more than 40 percent of Africa continue to deny food aid containing I do not know why we are telling the their agricultural products, it is essen- biotechnology because of the World Trade Organization what to do tial that the EU model for food safety antibiotechnology attitudes in Europe. The po- because they do not listen to us any- and precaution is stopped before their liticizing of agricultural biotechnology should way. We tried to inform them and ad- policy and attitudes towards bio- end so that we can return to providing food vise them on steel tariffs and they did technology affect U.S. export markets aid to the hungry as soon as possible. not listen to us. We are not against around the world. I commend the Bush administration for tak- trade. We understand there is going to Recently, several Illinois farmers re- ing this case to the World Trade Organization. be trade. There has always been trade, turning from Europe concluded that The EU moratorium on biotech approvals has there always will be trade. the U.S. needs to take the EU to the been spreading beyond Europe. In the fall of What we are against is shifting the WTO over the current EU moratorium 2002, some famine stricken African nations re- debate from this Chamber, shifting the on biotech crops. fused U.S. food aid because it contained debate from the Parliament, shifting I commend the administration for biotech corn. These countries were ill informed the debate from the Russian Duma to a their leadership in taking the nec- on the health and environmental impact of bio- bureaucratic organization behind essary steps to end this ridiculous mor- technology and were also concerned that their closed doors with no accountability. atorium, and urge my colleagues to own agriculture exports to Europe would be They are not elected by anybody on the support this resolution and send a denied if they accepted the product. Zambia, face of this Earth, they are appointed, strong signal to the EU and the rest of Mozambique, and Zimbabwe refused United and they represent the corporate inter- the world that the U.S. will not tol- States food aid made of the same wholesome ests. That is the problem. erate illegitimate, unscientific barriers food that Americans eat every day. Zimbabwe We are losing our sovereignty in this to U.S. agricultural exports. and Mozambique eventually accepted United country, and if we tell the European Mr. KLECZKA. Mr. Speaker, I yield 2 States food aid after making costly arrange- Union or if we tell another country minutes to the gentleman from Oregon ments to mill the corn so that African farmers what they need to do, at what point do (Mr. DEFAZIO). could not grow it. Zambia continues to refuse they tell us what we need to do? When Mr. DEFAZIO. Mr. Speaker, this is an United States corn. is it our labor laws, our environmental issue of sovereignty. The democrat- As noted by the French Academy of laws that become exposed? ically elected governments of Europe Sciences, more than 300 million North Ameri- I think that is the thing that we need have chosen, with tremendous support cans have been eating biotech corn and soy- to be most focused on is that we are and urging by their own people, to urge beans for years. No adverse health con- losing our sovereignty. We want strong more study and delay on the massive sequences have ever been reported. Many environmental laws in this country, we introduction of genetically modified biotechnology products are being developed want strong labor laws in this country, organisms into their agricultural sys- that will have unlimited benefits to vitamin defi- and the World Trade Organization has tem. A large majority of Americans cient children. Research continues on a gene proven and consistently tried to under- would like to see the same testing. to add to rice which will contain more beta mine those things. We need to fix the We heard about testing, that this is carotene, a precursor to vitamin A. Up to half system and we need to let the WTO be regulated by the FDA. No, it is not. It of a million children per year go blind due to O-U-T. is not regulated by the FDA. They said

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.038 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5113 they have no jurisdiction, and it has world hunger lead to a much different The development of the science of genetics been tested by the EPA. No, these conclusion. in the 20th century was a tremendously impor- things have not been tested by the Currently, 800 million go hungry tant factor in the plant breeding programs that EPA. It has been tested by the indus- every day. Malnutrition and related ill- have produced the remarkable diversity of try, who tells us, do not worry, it is nesses are the cause of death for 12 mil- fruits, vegetables, and grains that we enjoy safe. So the peer review tests we heard lion children each year, but a lack of today and that provide food security for the about and the government regulation food is not the reason. Enough wheat, poor nations of the world. Traditional cross- that we heard about do not exist for rice, and other grains are produced breeding has been very useful in improving the American people, and certainly not each year to provide 3,500 daily calories crop plants, but it is a time consuming process for the European people. per person. So why do so many people that results in the uncontrolled recombination So are we going to turn to this face- go hungry each day? Much of this food of tens of thousands of genes, commonly pro- less, conflict-ridden bureaucracy, the goes to those who have the money and ducing unwanted traits that must be eliminated WTO, and ask it to preempt the laws of the ability to transport it. Food and through successive rounds of backcrossing. the sovereign nations of Europe? Then other farm products flow from areas of Improving crops through traditional methods how about next week, when someone hunger and need to areas where money also is subject to severe limitations because of asks it to preempt some of our con- is concentrated, in the northern hemi- the constraints imposed by sexual compat- sumer health and safety or labor or en- sphere. ibility, which limit the diversity of useful genetic vironmental laws? That will happen, While at least 200 million Indians go material. we can bet on it. hungry, in 1995 India exported $625 mil- With the arrival of biotechnology, plant We heard a lot about Africa. Well, lion worth of wheat and flour and $1.3 breeders are now able to develop novel vari- they will accept the food aid if the seed billion worth of rice, the two staples of eties of plants with a level of precision and corn is ground up or the wheat is the Indian diet. Only one-quarter of the range unheard of just two decades ago. Using milled. They will take it. They are food produced in Ethiopia reaches the this technology, breeders can introduce se- happy to take it. They just do not want market because of the high cost of lected, useful genes into a plant to express a the starving people there to take it out marketing transactions. specific, desirable trait in a significantly more controlled process than afforded by traditional and plant it and begin to have it cross There are hungry kids in this country, Mr. Speaker. What has biotech breeding methods. with their traditional crops. So that is U.S. farmers have been quick to adopt done for them? not too tough of a thing to accomplish. plants modified using new biotechnology, in- There are huge problems in the dis- Mr. CAMP. Mr. Speaker, I yield such cluding commercial crops that resist bio- tribution system, these massively cor- time as he may consume to the gen- logically insect and viral pests and tolerate rupt dictatorships. People of Africa are tleman from Michigan (Mr. SMITH). broad-spectrum herbicides used to control not being starved because the Euro- (Mr. SMITH of Michigan asked and was given permission to revise and ex- weeds. As our knowledge of plant genetics ex- peans have chosen to protect their peo- pands, new varieties of plants with improved ple and their agriculture against un- tend his remarks and include extraneous material.) nutrition, taste, or other characteristics desired known, untested science, unregulated. by consumers will become available. The fed- That is not a true fact. Mr. SMITH of Michigan. Mr. Speak- er, I include for the RECORD a summary erally-funded plant genome program provides Let us have the debate about what much of the essential basic research on plant this is about, which is new corporate of a report we wrote on biotechnology in the Committee on Science called genetics required to develop new varieties of interests that want to increase profits. commercially important crops through ad- Most of this is about increasing profits. ‘‘Seeds of Opportunity.’’ The total report is available at: www.house.gov/ vanced breeding programs. Tell the people in India who have to For over two decades, the application of nicksmith/opportunity.pdf. buy patented seed year after year, or biotechnology has been assessed for safety. The report referred to is as follows: the people in Canada who have been Oversight of agricultural biotechnology in- prosecuted because they tried to re- SUMMARY cludes both regulatory and nonregulatory plant the seed or it crossed into their The Subcommittee on Basic Research of mechanisms that have been developed over crops and they have been prosecuted by the Committee on Science held a series of the last five decades for all crop plants and Montana, that this is about making three hearings entitled, ‘‘Plant Genome Re- conventional agricultural systems. Federal reg- the world safe for people to not starve, search: From the Lab to the Field to the Mar- ulation of agricultural biotechnology is guided and for the environment and all those ket: Parts I–III,’’ to examine plant genomics, its by the 1986 Coordinated Framework for Regu- things. No, it is, pure and simple, about application to commercially important crop lation of Biotechnology, which laid out the re- profits for American industry. plants, and the benefits, safety, and oversight sponsibilities for the different regulatory agen- Mr. KLECZKA. Mr. Speaker, I yield of plant varieties produced using bio- cies, and the 1992 Statement on Scope, which the balance of our time to the gen- technology. The testimony and other informa- established the principle that regulation should tleman from Ohio (Mr. KUCINICH). tion presented at these hearings and informa- focus on the characteristics of the organism, The SPEAKER pro tempore (Mr. tion gathered at various briefings provides the not the method used to produce it. Three fed- NETHERCUTT). The gentleman from basis for the findings and recommendations in eral agencies are responsible for regulating Ohio (Mr. KUCINICH) is recognized for this report. agricultural biotechnology under existing stat- 11⁄2 minutes. Almost without exception, the crop plants in utes: the U.S. Department of Agriculture Mr. KUCINICH. Mr. Speaker, there use today have been genetically modified. The (USDA), which is responsible for ensuring that are a number of issues at stake here, development of new plant varieties through new varieties are safe to grow; the Environ- including one that has been mentioned selective breeding has been improving agri- mental Protection Agency (EPA), which is re- by my colleagues, the gentlemen from culture and food production for thousands of sponsible for ensuring that new pest-resistant Ohio, Mr. BROWN and Mr. RYAN, with years. In the 19th century, the basic principles varieties are safe to grow and consume; and respect to the WTO and the fact that it of heredity were discovered by Gregor Men- the Food and Drug Administration (FDA), strips all nations of sovereignty. That del, whose studies on inheritance in garden which is responsible for ensuring that new va- is an issue that this House inevitably peas laid the foundation for the modern rieties are safe to consume. will have to deal with when, at once, science of genetics. Subsequent investigations Although biotechnology has had an uninter- legislation should come before us to in advanced our understanding of the location, rupted record of safe use, political activists in effect cancel our relationship with the composition, and function of genes, and a crit- Europe have waged well-funded campaigns to WTO. ical breakthrough revolutionized the field in persuade the public that the products of high- Now, House Resolution 252 falsely ar- 1953, when James Watson and Francis Crick tech agriculture may be harmful to human gues for a solution to world hunger, but described the double helix structure of health and the environment. As a result of its prime motive is to garner bigger deoxyribonucleic acid (DNA), the substance of these efforts, public confidence in the safety of profits for biotech companies looking heredity. This ground breaking research set agricultural biotechnology has been seriously to dump GE foods on poor countries. the stage for deciphering the genetic code and undermined in Europe. Many European coun- This is really about hungry biotech led to the rapid advances in practical applica- tries have established new rules and proce- companies, because the basic cause of tion of genetics in medicine, animal science, dures specifically designed to address ‘‘geneti- hunger is money, not food. The facts of and agriculture. cally modified organisms,’’ and these have

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.040 H10PT1 H5114 CONGRESSIONAL RECORD — HOUSE June 10, 2003 had a detrimental impact on international trade dividuals against a wide variety of enteric and depart from the principle of substantial equiva- in agricultural products. other infectious diseases. These develop- lence adopted by a number of international The controversy over agricultural bio- ments will have far-reaching implications for bodies. technology now has spread to the United improving human health worldwide, potentially Finally, the administration, industry, and sci- States, the world’s largest grower of plants saving millions of lives in the poorest areas of entific community have a responsibility to edu- and consumer of foods produced using this the world by providing a simpler medicine pro- cate the public and improve the availability of technology. At the core of the debate is food duction and distribution system. information on the long record of safe use of safety, particularly the possibility that unex- Set against these benefits, however, is the agricultural biotechnology products. This is pected genetic effects could introduce aller- idea that transferring a gene from one orga- critically important to building consumer con- gens or toxins into the food supply. The use nism to an unrelated organism using recom- fidence and ensuring that sound science is of antibiotic resistance markers also has been binant DNA techniques inherently entails used to make regulatory decisions. criticized as dangerous to human health. As a greater risks than traditional cross breeding. Mr. CAMP. Mr. Speaker, I yield the result, there have been calls for both in- The weight of the scientific evidence leads to balance of my time to the gentleman creased testing and labeling requirements for the conclusion that there is nothing to sub- from California (Mr. THOMAS), chair- foods created using biotechnology. stantiate scientifically the view that the prod- man of the Committee on Ways and Environmental concerns also have been ucts of agricultural biotechnology are inher- Means. raised. It has been suggested, for example, ently different or more risky than similar prod- The SPEAKER pro tempore. The gen- that widespread use of plants engineered with ucts of conventional breeding. tleman from California (Mr. THOMAS) is 1 built-in protection against insect and viral The overwhelming view of the scientific recognized for 1 ⁄2 minutes. pests could accelerate the development of community—including the National Academy Mr. THOMAS. Mr. Speaker, I thank pesticide-resistant insects or could have a of Sciences, the National Research Council, the gentleman for yielding time to me. When I first came to this Congress, I negative impact on populations of beneficial many professional scientific societies, the Or- was assigned to the Committee on Ag- insects, such as the Monarch butterfly. It also ganization for Economic Cooperation and De- riculture. It makes all kinds of sense. has been argued that the use of herbicide-tol- velopment, the World Health Organization, The district I represent in California erant plants could increase herbicide use and and the research scientists who appeared be- produces about $4 billion value-added that ‘‘superweeds’’ could be developed fore the subcommittee—is that risk assess- from agriculture. I have been dealing through cross-pollination between these plants ment should focus on the characteristics of the with this issue for more than a quarter and nearby weedy relatives. plant and the environment into which it is to of a century. Extensive scientific evaluation worldwide be introduced, not on the method of genetic What we just heard was a total fab- has produced no evidence to support these manipulation and the source of the genetic rication of reality. We have heard claims. Far from causing environmental and material transferred. These risk factors apply about the green revolution, the at- health problems, agricultural biotechnology equally to traditionally-bred plants. tempt to feed more people in the world. has tremendous potential to reduce the envi- Years of research and experience dem- In the old days, they used to take a ronmental impact of farming, provide better onstrate that plant varieties produced using plant, put a slit in it, and graft another nutrition, and help feed a rapidly growing biotechnology, and the foods derived from portion of the plant onto it. That was world population. Crops designed to resist them, are just as safe as similar varieties pro- science in those days. pests and to tolerate herbicides and environ- duced using classical plant breeding, and they There is fundamentally no difference mental stresses, such as freezing tempera- may even be safer. Because more is known to what we now call biotechnology tures, drought, and high salinity, will make ag- about the changes being made and because than understanding the way the world ricultural more efficient and sustainable by re- common crop varieties with which we have a works, and through science improving ducing synthetic chemical inputs and pro- broad range of experience are being modified, our ability to produce food to feed peo- moting no-tillage agricultural practices. Stress- plants breeders can answer questions about ple. Everything else is politics. Some- tolerant crops also will reduce pressure on ir- safety that cannot be answered for the prod- how, large corporations get involved, replaceable natural resources like rainforests ucts of classical breeding techniques. the desire to sell something to Africa by opening up presently nonarable lands to FDA has adopted a risk-based regulatory that Africa does not want. agriculture. Other plants are being developed approach consistent with these principles and I was in Africa 3 months ago. They that will produce renewable industrial prod- with the long history of safe use of genetically- pleaded with us to help them solve ucts, such as lubricating oils and biodegrad- modified plants and the foods derived from their problem. The problem is the able plastics, and perform bioremediation of them. Its policies on voluntary consultation Luddites in the world today who do not contaminated soils. and labeling are consistent with the scientific want to recognize science. Anybody Biotechnology will be a key element in the consensus and provide essential public health who assists the Europeans in their un- fight against malnutrition worldwide. Defi- protection. scientific opposition to wanting to do ciencies of vitamin A and iron, for example, Unlike FDA regulations on food, USDA has better with the amount we have is sim- are very serious health issues in many regions instituted plant pest regulations, and EPA pro- ply attempting to wreak havoc. of the developing world, causing childhood poses to institute new plant pesticide regula- Vote for science. Vote yes. blindness and maternal anemia in millions of tions, that target selectively plants produced Mr. HASTERT. Mr. Speaker, I rise in strong people who rely on rice as a dietary staple. using biotechnology and apply substantive support of this resolution supporting the Ad- Biotechnology has been used to produce a regulatory requirements to early stages of ministration’s efforts in challenging the Euro- new strain of rice—Golden Rice—that contains plant research and development. These regu- pean Union’s five-year moratorium on biotech both vitamin A (by providing its precursor, lations add greatly to the cost of developing products. As an original cosponsor, I congratu- beta-carotene) and iron. The Subcommittee new biotech plant varieties, harming both an late President Bush and Ambassador Zoellick heard about other research aimed at improv- emerging industry and the largely publicly- for putting American farmers and sound ing the nutrition of a wide variety of food sta- funded research base upon which it depends. science first by challenging this illegal trade ples, such as cassava, corn, rice, and other Regulations and regulatory proposals that se- ban on genetically modified foods before the cereal grains, that can be a significant help in lectively capture the products of biotechnology WTO. the fight for food security in many developing should be modified to reflect the scientific con- Over the last few years, we have seen countries. sensus that the source of the gene and the country after country implementing protec- The merging of medical and agricultural bio- methods used to transfer it are poor indicators tionist trade policies, like the EU moratorium, technology has opened up new ways to de- of risk. under the cloak of food safety—each one velop plant varieties with characteristics to en- In the international area, the United States brought on by emotion, culture, or their own hance health. Advanced understanding of how should work to ensure that access to existing poor history with food safety regulation. natural plant substances, known as markets for agricultural products are main- Simply put, non-tariff protectionism is detri- phytochemicals, confer protection against can- tained. The United States should not accept mental to the free movement of goods and cer and other diseases is being used to en- any international agreements that endorse the services across borders. We all know that free hance the level of these substances in the precautionary principle—which asserts that trade benefits all countries. However, free food supply. Work is underway that will deliver governments may make political decisions to trade will be rendered meaningless if it is medicines and edible vaccines through com- restrict a product even in the absence of sci- short-circuited by non-tariff barriers that are mon foods that could be used to immunize in- entific evidence that a risk exists—and that based on fear and conjecture—not science.

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.010 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5115 As the Representative of the 14th District in where populations are growing rapidly and all Round of the WTO, the EU nations Illinois, my district currently covers portions of arable land is already under cultivation. Official agreed to slash the generous agri- eight countries, including four of the top 25 WTO action will send a clear and convincing culture subsidy assistance they provide corn-producing counties, and three of the top message to the world that prohibitive policies their farmers. 50 soybean-producing counties in the nation. on biotechnology which are not based on According to a recent Organization The State of Illinois is the second-largest pro- sound science are illegal. for Economic Cooperation and Develop- ducing state of both corn and soybeans in the Hopefully, the WTO will act quickly to re- ment (OECD), an international organi- country. Forty percent of this production cur- solve the Administration’s case on behalf of zation that seeks to help governments rently goes to exports, valued at approximately American farmers. There’s no doubt that the tackle the economic, social, and gov- $2.7 billion per year. U.S. and American agriculture go into this bat- ernance challenges of a globalized U.S. agriculture ranks among the top U.S. tle with the facts on our side. We simply can- economy, in 2002, the EU provided industries in export sales. In fact, the industry not allow the free trade of our agriculture prod- $112.6 billion in agricultural subsidies generated a $12 billion trade surplus in 2001, ucts to be restricted by this unfair and unjust to their farmers. This amount totals helping mitigate the growing merchandise moratorium. After all, the price of inaction is approximately 1.3 percent of the EU trade deficit. It is important to realize that 34 one we can no longer afford to pay. GDP. Compare this staggering number percent of all corn acres and 75 percent of all Mr. PAUL. Mr. Speaker, I rise in opposition with that of the United States, which soybean acres are genetically modified. to this measure not because I wish to either generously provided in 2002 $90.3 billion And what exactly are we talking about when support or oppose genetically-modified prod- (0.9 percent of our GDP) to farmers in we say ‘‘genetically modified?’’ The EU would ucts. Clearly the production and consumption the form of agricultural subsidies, and have you believe this is a new and special of these products is a matter for producers you can easily see why reform of do- type of food, questionable for human con- and consumers to decide for themselves. mestic agricultural policy and world- sumption. In fact, since the dawn of time, I oppose this bill because at its core it is wide agricultural trade liberalization farmers have been modifying plants to im- government intervention—both in our own is much needed. prove yields and create new varieties resistant markets and in the affairs of foreign inde- In addition to fighting this impor- to pests and diseases. Why would we want to pendent nations. Whether European govern- tant fight on GM foods today, the Ad- snuff out human ingenuity that benefits farm- ments decide to purchase American products ministration and Congress need to hold ers and consumers alike? should not be a matter for the U.S. Congress the Europeans’ feet to the fire on re- The European Union has had an indefen- to decide. It is a matter for European govern- forming their domestic agriculture pol- sible moratorium on genetically-modified prod- ments and the citizens of European Union icy and making their country more ucts in place for five years with no end in member countries. While it may be true that open to imported goods. The Doha sight. This is a non-tariff barrier based simply the European Union acts irrationally in block- Round was devised to accomplish these on prejudice and misinformation, not sound ing the import of genetically-modified products, two objectives. Moreover, the U.S.’s policy on GM science. In fact, their own scientists agree that the matter is one for European citizens to de- foods must not just single out Europe. genetically modified foods are safe. Still, re- cide. In an article, which appeared in yester- gardless of the overwhelming evidence to the Also, this legislation praises U.S. efforts to day’s The Wall Street Journal, many contrary, bans on genetically modified prod- use the World Trade Organization to force U.S. soybean traders are accusing the ucts continue to persist and multiply—the open European markets to genetically-modi- Chinese of impeding soybean imports worldwide impact has been staggering. fied products. The WTO is an unelected world due to the failure of various inspection The current EU moratorium on genetically- bureaucracy seeking to undermine the sov- permits. The article continues by stat- modified products has translated into an an- ereignty of nations and peoples. It has nothing ing, ‘‘China last week announced it will nual loss of over $300 million in corn exports to do with free trade and everything to do with extend to April 20, 2004, strict regula- for U.S. farmers. More disturbing is the recent government- and bureaucrat-managed trade. tions on crops containing genetically trend in Africa, where several nations have re- Just as it is unacceptable when the WTO de- modified organisms that had been set jected U.S. food aid because the shipments mands—at the behest of foreign govern- to expire September 20th.’’ contained biotech corn. This based solely on ments—that the United States government Thus, the question that needs to be the fear that EU countries will not accept their raise taxes and otherwise alter the practices of asked—Is China moving toward closing food exports if genetically modified seeds American private enterprise, it is likewise units borders in perpetuity on import per- spread to domestic crops. acceptable when the WTO makes such de- mits for genetically modified crops? These actions by our trading partners have mands to others on behalf of the United Will the U.S. government file a similar consequences. U.S. farmers are already be- States. This is not free trade. petition against the Chinese govern- ginning to plant more non-biotech seeds. This Genetically-modified agriculture products ment? If so, when? If not, why not? trend will increase farmers’ cost of production may well be the wave of the future. They may After all, under commitments China as well as increase the damage from harmful provide food for the world’s populations and made when it became a member of the insects. In fact, the U.S. Environmental Pro- contribute to the eradication of disease. That WTO in December 2001, it must open its tection Agency has recently approved a corn is something we certainly hope for and for market to agricultural products. technology that will allow the commercializa- which we will all applaud should it prove to be Mr. Speaker, I will support this reso- tion of the first corn designed to control the case. But, again, this legislation is not lution and encourage my colleagues to rootworm—a pest that costs U.S. farmers ap- about that. That is why I must oppose this bill. do likewise—but I suggest more sub- proximately $1 billion in lost revenue per year. Mr. KIND. Mr. Speaker, I rise in stantive work be done to reform do- It is absurd to think that farmers would not be qualified support of this measure. mestic agricultural policy and world- able to take advantage of this technology. I am a proponent of genetically wide agricultural trade liberalization Clearly, the long-term impact of these poli- modified (GM) food, and firmly believe policies that currently stand in the cies could be disastrous for U.S. farmers in that its continued implementation and way of sustainability and prosperity of terms of competitiveness and the ability to use provides a number of important our farmers. provide food for the world’s population. Ad- benefits for the American farmer and Mr. NUSSLE. Mr. Speaker, I rise in support dressing world hunger is particularly critical worldwide consumers. Furthermore, I of House Resolution 252. This important reso- when approximately 800 million people are believe we are legally correct and justi- lution expresses the House of Representa- malnourished in the developing world, and an- fied in asking the World Trade Organi- tives’ supports for American efforts within the other 100 million go hungry each day. Bio- zation (WTO) to impose penalties on World Trade Organization (WTO) to end the technology is the answer to this pressing prob- the EU for maintaining a moratorium European Union’s unfair trade practices re- lem. Farmers can produce better yields on import permits for genetically garding agriculture biotechnology. These trade through drought-tolerant varieties, which are modified crops in violation of its rules. practices are protectionist and discriminatory, rich in nutrients and more resistant to insects However, I fear that our govern- and have been in place the past five years. and weeds, while those in need reap the ben- ment’s efforts will have the unintended In 2001, the United States and other indus- efits. consequence of wreaking havoc on the trialized countries produced almost 109 million As you can see, halting or even slowing current WTO trade discussions. As we acres of genetically modified foods. These down the development of this technology all know, the U.S. farmer would benefit foods are modified, safely, to reduce the appli- could have dire consequences for countries much more if, in the current Doha cation of pesticides, reduce soil erosion and

VerDate Jan 31 2003 03:20 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.022 H10PT1 H5116 CONGRESSIONAL RECORD — HOUSE June 10, 2003 create an environment more hospitable to try should remain transparent and account- Whereas the Human Genome Project will wildlife. These foods are resilient and can able. I fully support labeling and a comprehen- be completed ahead of schedule and under grow in areas often inhospitable to agriculture. sive paper trail that would ensure that con- budget; Whereas all data from the Human Genome Genetically modified foods hold great promise sumers are aware when they are purchasing Project is provided free of charge to the pub- in alleviating hunger in developing areas of the genetically modified ingredients. lic as soon as it is available; world. I am more cautious than the Bush adminis- Whereas the sequencing of the human ge- The European Union, acting without sci- tration on this issue, but also feel the Euro- nome has already fostered biomedical re- entific basis, enacted a moratorium on geneti- pean Union’s moratorium is extreme. I support search discoveries that have led to improve- cally modified foods in October 1998. Since this resolution in the spirit of fair trade, but ments in human health; then, this moratorium has blocked more than urge my colleagues and the administration to Whereas the Human Genome Project has $300 million annually in American corn exports not interfere with consumer awareness to be provided an exemplary model for social re- to countries in the European Union. This ac- sponsibility in scientific research, by devot- gained by labeling and industry transparency. ing significant resources to studying the eth- tion has had a damaging effect on agricultural The SPEAKER pro tempore. All time ical, legal, and social implications of the exports from the United States, particularly has expired. project; from Iowa. The question is on the motion offered Whereas, in April 2003, the National Allow me to describe the devastating effect by the gentleman from Michigan (Mr. Human Genome Research Institute of the this action has had on many developing coun- CAMP) that the House suspend the rules National Institutes of Health will publish a tries in Africa. Earlier this year, I traveled to and agree to the resolution, House Res- new plan for genomic research; several nations in sub-Saharan Africa. I met olution 252, as amended. Whereas this new plan will establish prior- people trying to help themselves with their The question was taken. ities for the future of genomic research, pre- own hard work, and through the humanitarian dict future developments in understanding The SPEAKER pro tempore. In the heredity, and serve as a guide in applying efforts of the United States and other nations. opinion of the Chair, two-thirds of this knowledge to improve human health; Far too many people in Africa depend on food those present have voted in the affirm- and from other countries, and far too many are ative. Whereas the National Human Genome Re- starving. Genetically modified food could with- Mr. CAMP. Mr. Speaker, on that I de- search Institute has designated April 2003 as stand the intolerant climate and harsh growing mand the yeas and nays. ‘‘Human Genome Month’’ in celebration of landscapes common in the area. But because The yeas and nays were ordered. the completion of the sequencing of the of fear about future exports to Europe, these The SPEAKER pro tempore. Pursu- human genome and April 25, 2003, as ‘‘DNA African nations have held back from a wonder- Day’’ in celebration of the 50th anniversary ant to clause 8 of rule XX and the of the publication of the description of the ful opportunity to promote agriculture in their Chair’s prior announcement, further structure of DNA on April 25, 1953: Now, own nations. Just last year, humanitarian food proceedings on this motion will be therefore, be it aid sent to Africa from the United States was postponed. Resolved by the House of Representatives (the rejected. Mr. Speaker, this is wrong. Senate concurring), That Congress— Iowa is America’s second-largest agriculture f (1) recognizes the sequencing of the human exporter, sending $3.2 billion worth of com- genome as one of the most significant sci- RECOGNIZING SCIENTIFIC SIGNIFI- entific accomplishments of the past one hun- modities and value-added products overseas. CANCE OF SEQUENCING OF There is much promise in using biotechnology dred years; HUMAN GENOME AND EXPRESS- (2) honors the 50th anniversary of the out- to change to the face of agriculture. Bio- ING SUPPORT FOR GOALS AND standing accomplishment of describing the technology is now being researched to create IDEALS OF HUMAN GENOME structure of DNA, the essential completion custom-made pharmaceuticals and renewable MONTH AND DNA DAY of the sequencing of the human genome in ingredients for industrial use. The cities of Wa- April 2003, and the development a plan for terloo and Davenport in my district are working Mr. BILIRAKIS. Mr. Speaker, I move the future of genomics; to make value-added agriculture the driving to suspend the rules and agree to the (3) supports the goals and ideals of Human force of their economic growth. They are mak- concurrent resolution (H. Con. Res. 110) Genome Month and DNA Day; and ing significant investments to reach this end. It recognizing the sequencing of the (4) encourages schools, museums, cultural human genome as one of the most sig- organizations, and other educational institu- is clear that continued research and produc- tions in the United States to recognize tion is needed to make these investments pay nificant scientific accomplishments of the past 100 years and expressing sup- Human Genome Month and DNA Day with off for these communities and the rest of the appropriate programs and activities centered Midwest. port for the goals and ideals of Human on human genomics, using information and Mr. Speaker, we took a tremendous step Genome Month and DNA Day. materials provided through the National forward by granting the President trade pro- The Clerk read as follows: Human Genome Research Institute and other motion authority. As the U.S. begins to nego- H. CON. RES. 110 sources. tiate trade agreements with this authority, it is Whereas April 25, 2003, will be the 50th an- The SPEAKER pro tempore. Pursu- critical we demonstrate that protectionist and niversary of the publication of the descrip- ant to the rule, the gentleman from discriminatory practices, like those used by the tion of the double-helix structure of Florida (Mr. BILIRAKIS) and the gen- EU, will not be tolerated. the U.S. must now deoxyribonucleic acid (DNA) in Nature mag- tleman from Ohio (Mr. BROWN) each azine by James D. Watson and Francis H.C. will control 20 minutes. take further action within the WTO. I applaud Crick, which is considered by many sci- the President and the U.S. Trade Representa- entists to be one of the most significant sci- The Chair recognizes the gentleman tive’s interest in taking action on this critical entific discoveries of the twentieth century; from Florida (Mr. BILIRAKIS). issue now. Accordingly, I urge passage of this Whereas their discovery launched a field of GENERAL LEAVE resolution supporting Administration efforts inquiry that explained how DNA carries bio- Mr. BILIRAKIS. Mr. Speaker, I ask through the WTO. logical information in the genetic code and unanimous consent that all Members Mr. BLUMENAUER. Mr. Speaker, I cau- how this information is duplicated and may have 5 legislative days within tiously approach my colleagues’ zealous con- passed from generation to generation, form- which to revise and extend their re- cern about the European Union’s long-standing the stream of life that connects us all to our ancestors and to our descendants; marks and include extraneous material ing moratorium on agriculture and biotech Whereas this field of inquiry in turn was on House concurrent resolution 110. products. The World Trade Organization crucial to the founding and continued The SPEAKER pro tempore. Is there agreement does recognize that countries are growth of the field of biotechnology, which objection to the request of the gen- entitled to regulate crops and food products to has led to historic scientific and economic tleman from Florida? protect health and the environment. However, advances for the world, advances in which There was no objection. WTO members must have sufficient evidence the people of the United States have played Mr. BILIRAKIS. Mr. Speaker, I yield for their regulations and must operate ap- a leading role and from which they have re- myself such time as I may consume. proval procedures without ‘‘undue delay.’’ The alized significant benefits; Mr. Speaker, I rise in support of Whereas, in April 2003, the international House Concurrent Resolution 110, a EU’s current moratorium lacks sufficient jus- Human Genome Project will achieve essen- tification and at 5 years has reached a point tial completion of the finished reference se- concurrent resolution recognizing the of undue delay. quence of the human genome, which carries sequencing of the human genome as At the same time, consumers have a right to all the biological information needed to con- one of the most significant scientific know what they are eating and the food indus- struct the human form; accomplishments of the past 100 years

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.028 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5117 and expressing support for the goals not years or decades. Scientists will As many of us know, genetics is the and ideals of Human Genome Month begin to know why some people and study of single genes and their effects and DNA Day. not others get sick from certain infec- on human health. Genomics is a rel- This legislation, introduced by our tions or environmental exposures. atively new field of scientific research colleague, the gentlewoman from New We can only begin to imagine what that includes not only the study of sin- York (Ms. SLAUGHTER), was unani- this means for health care delivery. gle genes but also the functions and mously approved by the Committee on Clearly, being asked by your family interaction of all genes that comprise a Energy and Commerce on April 30 of doctor about your family history will genome. this year. take on a whole new meaning. The The human genome is a collection of b 1345 Human Genome Project will strength- about 35,000 genes that give rise to life. en the roots of innovation, foster to- Each gene is made up of a series of base April 2003 marked the 50th anniver- morrow’s breakthrough discoveries: pairs, tiny DNA units denoted by A, C, sary of a momentous achievement in discoveries like that of Dr. Watson and T, and G. There are about 3.12 billion of biology: James Watson and Francis Dr. Crick which offer every person the these genetic letters. Spanning nearly Crick’s Nobel Prize-winning descrip- opportunity of a longer, healthier life. two decades, the Human Genome tion of the double helix structure of With genetics and the burgeoning Project is the international research DNA. In addition, this past April we fields of genomics, we have truly effort to determine the sequencing of celebrated the culmination one of the moved into a new era. Already friends all these genetic letters or, as we like most important scientific projects in and loved ones benefit from what we to call it, a genetic blueprint for hu- history, the sequencing of the human have learned about genetic links to di- mans. genome. abetes, Alzheimer’s disease, breast and Congress invested significant tax dol- The science and technology of ovarian cancer, colorectal cancer, cys- lars, primarily at the National Insti- genomics have become the foundation tic fibrosis, and Huntington’s disease tutes of Health, just to advance this of research and biotechnology for the and others. We should not overlook the project. And we did so here in Con- 21st century. In addition, health care impact this investment has on the pub- gress, because the human genome find- has undergone phenomenal changes, lic health infrastructure as whole. ings will pave the way for what we driven in part by the Human Genome When we invest in research, we are also hope will be a breakthrough of infor- Project and accompanying advances in investing in education. mation on the new ways to prevent human genetics. While these advances The NIH reports that Ph.D. faculty and, of course, cure diseases. will certainly present a myriad of chal- at U.S. med schools has increased by I think we are just beginning to see lenges for policymakers, I feel con- double digits as a result of the Federal the results of this investment. Just as fident that this information will truly investment in research. These discov- scientists have decoded the genetic revolutionize the practice of medicine eries raise important policy issues, to map that defines us as human beings, and greatly improve our quality of life. be sure, like the importance of strong we will now need to decipher how well Mr. Speaker, I urge Members to sup- genetic nondiscrimination policies. the Federal bureaucracy is working to port passage of H. Con. Res. 110. My colleague, the gentlewoman from advance this promising area of Mr. Speaker, I reserve the balance of New York (Ms. SLAUGHTER), the spon- genomics research. my time. sor of this resolution, has introduced Genomics research transcends every Mr. BROWN of Ohio. Mr. Speaker, I legislation to address the potential institute and center at NIH. It has im- yield myself such time as I may con- abuse of genetic information by insur- plications for how we study every dis- sume. ers and by employers. That is a real ease. Two short weeks ago, the Com- Mr. Speaker, I thank my friend, the issue. That is one we absolutely in this mittee on Energy and Commerce held a gentleman from Florida (Mr. BILI- body have a duty to address. hearing to learn more about genomics RAKIS) for his good work and biparti- Genomics offers exciting opportuni- research. At that time, members had sanship and thank my colleague, the ties to strengthen our public health the opportunity to hear from the lead- gentlewoman from New York (Ms. system and can take us into a new era ing scientists in the world about this SLAUGHTER) for authoring H. Con. Res. of health and health care. I am pleased research. We also learned that we are 110. to be a sponsor of the Slaughter resolu- right on track with a new project un- I rise in support of this resolution tion and I urge my colleagues to join derway to ensure that our investments and recognize its two major advance- me in applauding the legion of talented at the National Institutes of Health are ments in public health: The 50th anni- scientists who significantly contrib- fully maximized. versary of the discovery of the double uted to these achievements. As the authorizing committee at helix structure of DNA and the comple- Mr. Speaker, I reserve the balance of NIH, the Committee on Energy and tion recently of the Human Genome my time. Commerce is conducting an extensive Project. Mr. BILIRAKIS. Mr. Speaker, I yield review to determine how well NIH is Fifty years ago, Dr. James Watson such time as he may consume to the advancing medical research. All of us and Dr. Francis Crick published a gentleman from Florida (Mr. STEARNS). have been touched by someone afflicted structure of DNA. It is likely that nei- (Mr. STEARNS asked and was given with a disease. ther of these scientists fully under- permission to revise and extend his re- In my district of Jacksonville, Flor- stood the enormous impact that their marks.) ida, a collaborative NIH study between discovery would have on our Nation’s Mr. STEARNS. Mr. Speaker, I thank the Mayo Clinic and Shands Hospital is public health, from historic advances my distinguished chairman of the Sub- leading the charge for screening for the to disease diagnosis to life-saving med- committee on Health of the Committee gene that leads to strokes. icine to reform of our everyday vocabu- on Energy and Commerce. Just last year, NIH began its first lary. Their scientific discovery laid the Mr. Speaker, I rise in support of H. phase of a clinical trial on a drug com- groundwork for another milestone of Con. Res. 110, a resolution commending pound that has shown promise in ad- the evolution of science; that is, the the completion of the sequencing of the dressing the most life-threatening completion of the Human Genome human genome and the 50th anniver- symptoms of ataxia, a heart condition. Project ahead of schedule and under sary of the description of the double Because of these answers in sequencing budget. helix which makes up the DNA. of the human genome, more progress While the investment in this project As past chairman of the Task Force has been made in understanding the was modest in some ways by U.S. on Health Care and Genetic Privacy, I underlying mechanism of this disorder standards, the return promises to be think we need to commend the folks at than in the previous 133 years. extraordinary. Doctors will have tools NIH for their outpouring of work. As Research advances like this mean to assess diseases in terms of their someone who studied science myself as something real to patients. It is the causes, not just their symptoms. An a former electrical engineer, I stand in hope that they are looking for when entire genome of an organism can be awe of the frontier that we are starting they need all the courage they can known in a matter of weeks or months, to move into with genetics. muster to fight a debilitating disease.

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.043 H10PT1 H5118 CONGRESSIONAL RECORD — HOUSE June 10, 2003 So today we pay tribute to a major sci- beyond treatment to the correction of mittee on Science, we spent many, entific achievement. Let us keep work- the origins of disease. This discovery many hours on the question of the ing to speed forward more achieve- can also be a defining moment in human genome and the Human Genome ments like this to bring hope to all pa- human history for other reasons. Project in particular. Recognizing the tients that are suffering from diseases As Dr. Georgia Dunston, the Director sequencing of the human genome as throughout the world. of the National Human Genome Center one of the most significant scientific It is our responsibility to ensure that at Howard University, pointed out at accomplishments of the past 100 years NIH is held accountable on behalf of our health braintrust meeting a few and expressing support of the goals and our patients. It is our responsibility to years ago, this monumental discovery ideals of the Human Genome Month remove barriers that unnecessarily also challenges the current paradigm of and DNA Day really is a statement delay the incredible progress we are race and ethnicity and all that follows about life. making in improving human health. from those concepts, because in her b 1400 We were just beginning. So I encour- words, ‘‘The most salient feature of It is a statement about the ability of age all of my colleagues to assist our human identity at the sequence level is the new science to be able, Mr. Speak- effort in this great task. I encourage variation. Human genome sequence er, to create life where there is none, to my colleagues to vote for H. Con. Res. variation dispels the myth of a major- create better improved health where 110. It is altogether appropriate for us ity.’’ that was not a possibility 10, 15 or 50 to pay tribute today to the outstanding Anthropologists, Dr. Dunston told us, years ago. accomplishments of our Nation’s sci- have estimated that less than 1 percent It is crucial as the human genome entists in this groundbreaking achieve- of the total gene pool code for the project achieves its essential complement of sequencing the human genome. phenotypic characteristics, such as tion of the finished reference sequence These same scientists will lead the way eye, hair and skin color, is what is used of the human genome that carries all with an even bigger project: deter- to classify human populations, in other of the biological information needed mining how to translate the outline of words, to divide us. that we begin to utilize this project; the human genome into real public Whether or not African American or and one of the challenges that we have health solutions. Hispanic American, Anglo or White in this Congress is the whole question Mr. BROWN of Ohio. Mr. Speaker I American, Native American, Asian/Pa- of human cloning. It is important not yield 4 minutes to the gentlewoman cific Islander or Alaskan Native, it to equate these projects and this re- from the Virgin Islands (Mrs. turns out that we are 99 percent alike. search and human genome work and CHRISTENSEN). So as we celebrate Human Genome DNA with the idea of the creation of a Mrs. CHRISTENSEN. Mr. Speaker, I Month and DNA Day, in addition to fo- human being. thank the gentleman for yielding me cusing on what this discovery will do It is important now as we have begun time. to ensure that all populations are or understand the sequence that we Mr. Speaker, I rise this afternoon knowledgable about the science under- allow this project to grow and to be also in support of H. Con. Res. 110 and pinning the HGP and have the oppor- utilized to help us determine the cures to recognize what is perhaps the great- tunity to participate in various ways, for diseases such as Parkinson’s, Alz- est scientific endeavor of the 21st cen- such as becoming research scientists, heimer’s disease, diabetes, stroke, and, tury, the Human Genome Project, research participants and policy- yes, HIV/AIDS. The more we under- which will forever change the way med- makers, it is also important for every- stand about the human being and its icine is practiced and research is con- one to be informed about the Human makeup, the more we can create a bet- ducted. Moreover, it has important im- Genome Project and understand the ter way of life. plications for how we look at and de- ethical, legal, and social implications We well know of our renowned fiction fine each other. resulting from genetics and genomics character Superman, who is no longer The practical consequences of the research. a superman in real life, who is trying emergence of this new field are widely Through our continued efforts to time after time with a number of ef- apparent. Identification of the genes educate ourselves, to reach out to our forts to find the cure for those who suf- responsible for certain human diseases, communities, and to communicate our fer spinal injuries, some of the most once a staggering task requiring large fears, needs, and responsibilities, we as devastating injuries that we will face. research teams and many years of hard government policymakers have the As we look to the wounded who will be work and an uncertain outcome, can best opportunity to have genetics and coming home from the war in Iraq and now be routinely accomplished in a few science improve the quality of life for Afghanistan, they will be coming home weeks. all Americans and make this a better with major injuries, some continuing This discovery also holds out new country. to be life-threatening. The greater hope for wellness for African Ameri- Mr. BILIRAKIS. Mr. Speaker, I re- knowledge of our ability to be able to cans and other minority populations. serve the balance of my time. respond to those kinds of devastating Sickle cell disease was the first genet- Mr. BROWN of Ohio. Mr. Speaker, I injuries, although they are not by dis- ics disease to be identified but needs yield 3 minutes to the gentlewoman ease but by devastating injuries, phys- more effort and resources devoted to- from Texas (Ms. JACKSON-LEE). ical injuries through weapons, the bet- wards a cure. (Ms. JACKSON-LEE of Texas asked ter off we will be. The more we can find I want to take this opportunity to and was given permission to revise and a way to determine and fight against applaud Howard University’s College of extend her remarks.) the war against bioterrorism, the bet- Medicine who, just a few weeks ago, Ms. JACKSON-LEE of Texas. Mr. ter off we will be. announced a partnership with First Ge- Speaker, let me join in with the gen- This is an excellent resolution, Mr. netic Trust, Inc., to develop the first- tleman from Florida (Mr. BILIRAKIS) Speaker, because it educates my col- ever massive data bank of DNA of indi- and the gentleman from Ohio (Mr. leagues and educates the public. viduals of African descent. Called the BROWN) for their wisdom in bringing Mr. BROWN of Ohio. Mr. Speaker, I Genomic Research in the African Dias- this legislation to the floor, and cer- yield 41⁄2 minutes to the gentlewoman pora Biobank or GRAD Biobank, the tainly to the gentlewoman from New from New York (Ms. SLAUGHTER), spon- data will advance the study of genetic York (Ms. SLAUGHTER) who I enthu- sor of this resolution who has showed and biological bases for differential dis- siastically join, along with the gen- particular interest in the issue of non- ease risk, progression, and drug re- tleman from Louisiana (Mr. TAUZIN) discrimination of genetics. sponse. and the gentleman from Michigan (Mr. Ms. SLAUGHTER. Mr. Speaker, I But beyond deciphering what the DINGELL) on this important legislative thank the gentleman for yielding me human genome will do for science, it initiative. the time. gives us new understanding of the mo- H. Con. Res. 110 is a resolution that I rise in strong support of H. Con. lecular processes underlying disease helps to educate our colleagues but Res. 110, a resolution that I was pleased and disease susceptibility, and it opens also it speaks truth to the American to author with my colleagues, the gen- heretofore unknown doors that take us people. As a member of the House Com- tleman from Louisiana (Mr. TAUZIN),

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.064 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5119 the chairman of the Committee on En- port it. I would also, however, like to testament to our ongoing strengths, continuing ergy and Commerce; and the gentleman urge the body to take up a far more ur- leadership in science and technology. from Michigan (Mr. DINGELL), the gent piece of legislation on the subject The human genome provides us with the ranking member. of genetics, which is the Genetic Non- most basic information of life. What we do with This resolution recognizes a set of discrimination in Health Insurance and that information is up to us. Dr. Watson and milestones in the history of human sci- Employment Act. his colleagues have gotten us this far. It is my entific endeavors. In April of 1953, two The resolution before us today recog- hope, that through efforts like Human Genome young scientists by the names of nizes the immense benefit which the Month and DNA Day, our young people will be James Watson and Francis Crick pub- mapping of the human genome may inspired to make the great scientific leaps of lished an article in the journal ‘‘Na- have for us. The Genetic Non- tomorrow—applying the genetic map to con- ture’’ describing the structure of a discrimination Act would forestall the quering dreaded diseases and improving the molecule known as deoxyribonucleic darker consequences that could arise quality of life on our planet. acid, or DNA. In doing so, they opened through this new technology. We must Ms. SLAUGHTER. Mr. Speaker, I rise in the doors to an entirely new field of re- not allow the potential advances in strong support of H. Con. Res. 110, a resolu- search that explained the information human health to be stifled because tion that I was pleased to author with my col- carrying the genetic code and the way Americans fear that their genetic in- leagues, Energy and Commerce Committee it is duplicated, translated, and acti- formation may be used against them. Chairman TAUZIN and Ranking Member DIN- vated. I urge the leadership to take up and GELL. This field of research culminated 2 pass the Genetic Nondiscrimination in This resolution recognizes a set of mile- months ago with the announcement Health Insurance and Employee Act as stones in the history of human scientific en- that the next generation of scientists quickly as possible. deavors. In April 1953, two young scientists by had completed a full map of the human Mr. BROWN of Ohio. Mr. Speaker, I the name of James Watson and Francis Crick genome. Every one of the 3 billion base thank the gentleman from Florida for published an article in the journal Nature de- pairs in a strand of human DNA has his good work on this bill, and I yield scribing the structure of a molecule known as been identified. This singular achieve- back the balance of my time. deoxyribonucleic acid, or DNA. In doing so, ment is the result of more than a dec- Mr. BILIRAKIS. Mr. Speaker, I ap- they opened the doors to an entirely new field ade of concerted planning, inter- preciate the cooperation of the gen- of research—that exploring the information national cooperation, and single-mind- tleman from Ohio (Mr. BROWN). He has carried in the genetic code and the way it is ed dedication to the cause. It is a sci- always been very cooperative. This is duplicated, translated, and activated. This field of research culminated two entific accomplishment of the highest an illustration of bipartisanship at months ago with the announcement that the order, emblematic of the advances in work and all the work obviously of the next generation of scientists had completed a human knowledge of which we are ca- gentlewoman from New York (Ms. full map of the human genome. Every one of pable when we work together across all SLAUGHTER). the three billion base pairs in a string of divisions. Mr. ISRAEL. Mr. Speaker, every day we human DNA has been identified. This singular When the human genome project was wake up and are faced with new discoveries. achievement is the result of more than a dec- initiated, the technology to carry it We read about the depths of space that we ade of concerted planning, international co- through did not exist. It was invented can only now see with the Hubble Telescope. operation, and single-minded dedication to the as the research sped along. Congress, to We learn about tremendous achievement in cause. It is a scientific accomplishment of the its credit, considered this endeavor nanotechnology, like the printing of a Bible highest order, emblematic of the advances in worthy of funding and had faith in our that can fit on a pencil eraser. We have been human knowledge of which we were capable scientists’ ability to achieve it. It was, to the moon and back, landed robots on Mars when we work together across all divisions. therefore, also a stunning example of and cured diseases that have plagued man- When the Human Genome Project was initi- the vision and good of which our gov- kind for millennia. Yet, Mr. Speaker, in this lit- ated, the technology to carry it through did not ernment is capable. any of great achievements one that stands out exist. It was invented as the research sped H. Con. Res. 110 expresses the sense of above all, is to have learned the very vocabu- along. Congress, to its credit, considered this the U.S. Congress that we recognize lary of life, to have mapped the entire human endeavor worthy of funding and had faith in these achievements for the historical genome. our scientists’ ability to achieve it. It was, landmarks that they are. The resolu- I rise today in support of this resolution and therefore, also a stunning example of the vi- tion also lends its support to the des- to recognize that the sequencing of the human sion and good of which our government is ca- ignation of April as Human Genome genome is indeed one of the greatest scientific pable. Month and April 25 as DNA Day. Fur- accomplishments of the past one hundred H. Con. Res. 110 expresses the sense of thermore, it encourages schools, muse- years, indeed of all of history. the U.S. Congress that we recognize these ums, cultural organizations, and other But Mr. Speaker, I rise with special pride achievements for the historical landmarks they educational organizations to recognize because of Long Island’s unique contribution are. The resolution also lends its support to the dates with appropriate programs in the quest to map the genome. Much of the the designation of April as Human Genome and activities. work to sequence the genome took place at Month and April 25 as DNA Day. Furthermore, Even though the resolution does not Cold Spring Harbor Lab on Long Island, and it encourages schools, museums, cultural or- specifically do so, I would be remiss if in particular, by a brilliant scientist I am privi- ganizations, and other educational institutions I did not take this opportunity to com- leged to know: Dr. James Watson. to recognize these dates with appropriate pro- mend the individual who has directed Dr. Watson, along with Francis Crick, dis- grams and activities. the human genome projects since 1993, covered the structure of DNA. For this accom- Even though the resolution does not specifi- my good friend, Dr. Francis Collins. Dr. plishment they shared the 1962 Nobel Prize in cally do so, I would be remiss if I did not take Collins began his career as a brilliant Physiology of Medicine with Maurice Wilkins. this opportunity to commend the individual scientist, a pioneer in the field of ge- Their revolutionary concept was that the DNA who has directed the Human Genome Project netics and discoverer of the gene for molecule takes the shape of a double helix, since 1993: my good friend, Dr. Francis Col- cystic fibrosis. He has continue his ca- and elegantly simple structure that resembles lins. Dr. Collins began his career as a brilliant reer, however, as a brilliant adminis- a gently twisted ladder. scientist, a pioneer in the field of genetics, and trator, a truly remarkable progression. Mr. Speaker, my children learn about the discoverer of the gene for cystic fibrosis. He Under his leadership, the human ge- double helix today in science class. We take has continued his career, however, as a bril- nome project has been completed under it for granted. We watch Law and Order and liant administrator—a truly remarkable pro- budget and ahead of schedule. Dr. Col- CSI and hear about DNA testing and we go to gression. Under his leadership, the Human lins guided and shaped the initiative the doctor to find out if we have a genetic Genome Project has been completed under for a full decade, bringing it to fru- marker for a specific disease. budget and ahead of schedule. Dr. Collins ition. Our Nation, and indeed, our Yet we almost never stop to think about this guided and shaped the initiative for a full dec- world, owe him a debt of gratitude. phenomenal breakthrough. It is amazing that ade, bringing it to fruition. Our nation, and in- I am pleased the leadership has in fewer than fifty years we have come so far. deed our world, owe him a debt of gratitude. agreed to consider this resolution We should all be very proud that this achieve- I am pleased that the leadership has agreed today, and I urge my colleagues to sup- ment occurred here in the United States, a to consider this resolution today, and I urge

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.047 H10PT1 H5120 CONGRESSIONAL RECORD — HOUSE June 10, 2003 my colleagues to support it. I would also, how- bers may have 5 legislative days within on May 8, 2003, has met the committee ever, like to urge this body to take up a far which to revise and extend their re- policy and has been cosponsored by more urgent piece of legislation on the subject marks on H.R. 2030. more than just the State delegation. of genetics: the Genetic Nondiscrimination in The SPEAKER pro tempore. Is there The bill currently lists 115 cosponsors, Health Insurance and Employment Act. The objection to the request of the gentle- truly a testament to the accomplish- resolution before us today recognizes the im- woman from Florida? ments of our late colleague, the Honor- mense benefit which the mapping of the There was no objection. able Patsy Mink, who sadly passed human genome may have for us. The Genetic Ms. ROS-LEHTINEN. Mr. Speaker, I away on September 28, 2002. Nondiscrimination Act would forestall the dark- yield myself such time as I may con- Congresswoman Mink was first elect- er consequences that could arise from this sume. ed to Congress in 1964 and served until new technology. We must not allow the poten- Mr. Speaker, I am proud to be part of 1976. She took a 14-year hiatus from na- tial advances in human health to be stifled be- the consideration of H.R. 2030, a bill in- tional politics and returned to her con- cause Americans fear that their genetic infor- troduced by the distinguished gen- gressional seat in 1990, where she re- mation will be used against them. I urge the tleman from Hawaii (Mr. CASE), that mained unto her death in 2002. leadership to take up and pass the Genetic designates the postal facility in Paia, Congresswoman Mink served on the Nondiscrimination in Health Insurance and Maui, Hawaii, as the Patsy Takemoto Committee on Government Reform for Employment Act as quickly as possible. Mink Post Office Building. a year in 1991 before being assigned to Mr. BILIRAKIS. Mr. Speaker, I have Mr. Speaker, Congresswoman Patsy the House Committee on the Budget. no further speakers; and I yield back Mink was a devoted public servant and She returned to our committee in 1999 the balance of my time. a friend to all who served here in the where she served until her death last The SPEAKER pro tempore (Mr. House. She was a passionate represent- year. As a distinguished member of the NETHERCUTT). The question is on the ative for her Hawaiian constituents for Committee on Government Reform, motion offered by the gentleman from 26 years, despite having to make the 10- Congresswoman Mink was committed Florida (Mr. BILIRAKIS) that the House hour flight home almost every week- to writing important legislation, such suspend the rules and agree to the con- end. For that alone, she deserves com- as the bill that would increase the current resolution, H. Con. Res. 110. mendation. mandatory retirement age of law en- The question was taken. Congresswoman Mink was a par- forcement officials. The SPEAKER pro tempore. In the ticular advocate of health, education, As a member of the House Committee opinion of the Chair, two-thirds of and civil rights issues during her ten- on Education and the Workforce, Con- those present have voted in the affirm- ure in the House; but her career was gresswoman Mink fought hard for the ative. perhaps best known for her tireless rights of women and children. She co- Mr. BROWN of Ohio. Mr. Speaker, on work for gender equality. Congress- sponsored title IX, the Early Childhood that I demand the yeas and nays. woman Mink authored the Women’s Education Act and the Women’s Edu- The yeas and nays were ordered. Education Equity Act, and she was a cational Equity Act. The SPEAKER pro tempore. Pursu- coauthor of the original title IX legis- During her last few years in Con- ant to clause 8 of rule XX and the lation. She was an esteemed member of gress, Congresswoman Mink continued Chair’s prior announcement, further the Committee on Government Reform, to work on such important issues as proceedings on this motion will be the committee that just last month immigration, Social Security, and postponed. passed by voice vote this bill that hon- health care. Throughout her brilliant f ors her. I am pleased that this bill has career, the Congresswoman provided now come up for consideration by the the strong voice to those who needed PATSY TAKEMOTO MINK POST whole House. one. Her accomplishments will con- OFFICE BUILDING Congresswoman Patsy Mink sadly tinue to benefit Americans for genera- Ms. ROS-LEHTINEN. Mr. Speaker, I passed away last September 28 during tions to come. It is only fitting that we move to suspend the rules and pass the her 13th congressional term. Patsy share our gratitude by honoring her in bill (H.R. 2030) to designate the facility Mink won her first election to the this manner. of the United States Postal Service lo- House in 1964 and only two current I would also urge my colleagues to cated at 120 Baldwin Avenue in Paia, Members of this body were first elected remember our late colleague as a fight- Maui, Hawaii, as the ‘‘Patsy Takemoto earlier. A long congressional career er for children and the working class. I Mink Post Office Building’’. never took the spring out of her exu- note she would have joined us in our The Clerk read as follows: berant step or the warmth from her push to bring the child tax credit bill H.R. 2030 caring heart; and even after her pass- to the floor. Be it enacted by the Senate and House of Rep- ing, her remarkable service in this Mr. Speaker, I would like to com- resentatives of the United States of America in House for the people of Hawaii and this mend my colleague, the gentleman Congress assembled, entire Nation will certainly never be from Hawaii (Mr. CASE), for honoring SECTION 1. PATSY TAKEMOTO MINK POST OF- forgotten. Patsy Mink with the postal designa- FICE BUILDING. Mr. Speaker, I urge all Members to tion. I would also like to thank the (a) DESIGNATION.—The facility of the support the passage of H.R. 2030 that gentleman from Virginia (Mr. TOM United States Postal Service located at 120 honors the life and career of Congress- Baldwin Avenue in Paia, Maui, Hawaii, shall DAVIS), the chairman, and the gen- be known and designated as the ‘‘Patsy woman Patsy Mink. I congratulate my tleman from California (Mr. WAXMAN), Takemoto Mink Post Office Building’’. colleague, the gentleman from Hawaii, the ranking member, for moving this (b) REFERENCES.—Any reference in a law, for introducing this meaningful and bill to the House floor and Anne Stew- map, regulation, document, paper, or other important legislation. art of the gentleman from Hawaii’s record of the United States to the facility re- Mr. Speaker, I reserve the balance of (Mr. CASE) staff for her hard work. ferred to in subsection (a) shall be deemed to my time. I urge swift passage of this bill. be a reference to the Patsy Takemoto Mink Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, I reserve the balance of Post Office Building. yield myself such time as I might con- my time. The SPEAKER pro tempore. Pursu- sume. Ms. ROS-LEHTINEN. Mr. Speaker, I ant to the rule, the gentlewoman from Mr. Speaker, as a member of the have no further speakers at this mo- Florida (Ms. ROS-LEHTINEN) and the House Committee on Government Re- ment. Therefore, I will reserve the bal- gentleman from Illinois (Mr. DAVIS) form, I am pleased to join my col- ance of my time. each will control 20 minutes. league, the gentlewoman from Florida Mr. DAVIS of Illinois. Mr. Speaker, I The Chair recognizes the gentle- (Ms. ROS-LEHTINEN), in consideration yield 3 minutes to the gentleman from woman from Florida (Ms. ROS- of H.R. 2030, which names a postal fa- Hawaii (Mr. CASE), the author of this LEHTINEN). cility after the late Congresswoman legislation. GENERAL LEAVE Patsy Mink. (Mr. CASE asked and was given per- Ms. ROS-LEHTINEN. Mr. Speaker, I H.R. 2030, which was introduced by mission to revise and extend his re- ask unanimous consent that all Mem- the gentleman from Hawaii (Mr. CASE) marks.)

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.047 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5121 Mr. CASE. Mr. Speaker, I thank both really only give testament to the fact tion of female student athletes for of my colleagues for their very fine that her remembrances are her best whom she drafted and implemented comments. legacy. But it is entirely appropriate title IX. Mr. Speaker, just 9 months ago, in that we honor her with a more tangible I was proud to serve with Patsy on the middle of her campaign for a 13th reminder that will serve as a constant both the Committee on Education and House term, a campaign which she physical remembrance of her and cause the Workforce and on the Committee most certainly would have won re- us to reflect on what she stood for. on Government Reform where she gave soundingly and, in fact, did win post- So as I talked about this with John voice to the voiceless every day that humously, the late United States Rep- Mink after my election, he relayed his she served. Patsy provided vision, cour- resentative Patsy Takemoto Mink was wish, later endorsed by others such as age and leadership, speaking out on all tragically lost to her beloved Hawaii, the Maui County Council, that the U.S. of the vital issues of the day and in- this Congress, our country, and our Post Office at Paia be renamed the spiring those of us who served with her world. Patsy Takemoto Mink Post Office. I with her fiery oration and a mastery of The days, weeks, and months that want to tell Members about Paia very education, economic, and labor issues. followed witnessed a massive out- briefly. Paia is on the north shore of Mr. Speaker, she mixed her persua- pouring of first shock and disbelief, Maui on the slopes of Haleakala. Near sive powers with the chocolate maca- then sorrow and regret and, finally, re- Paia, only about a mile away, is a town damia nuts that she used to pass out to membrance and gratitude for this sin- called Hamakuapoko. It used to be a all. Her memory will long remain here gular life. thriving plantation village. It is not and in Hawaii for another generation of As just a few representative exam- quite that anymore, a time when sugar young women and Americans for the ples, we had a deeply moving memorial and pine were prevalent, and this is work she did. service in the U.S. Capitol here as well where Patsy Takemoto Mink was born Mr. DAVIS of Illinois. Mr. Speaker, I as in the Hawaii State capitol back in in 1927 and was raised in all of the good yield 1 minute to the gentlewoman Hawaii attended by many of our col- and not so good of Hawaii in the 1930s from Texas (Ms. EDDIE BERNICE leagues here. and the 1940s, the community where JOHNSON). This House published a beautiful me- (Ms. EDDIE BERNICE JOHNSON of the old Maui High School is located morial volume that memorialized the Texas asked and was given permission where Mrs. Mink’s political career many eulogies given to Mrs. Mink on to revise and extend her remarks.) began when she ran successfully for this floor and a volume for which I Ms. EDDIE BERNICE JOHNSON of want to relay the deep gratitude of the student body president, the first Texas. Mr. Speaker, I rise in support of Mink family, husband John, daughter woman to accomplish that position, H.R. 2030, the legislation to designate a Wendy, brother Eugene. the first of many firsts along those Post Office in Hawaii for Patsy Mink. I The students at the University of Ha- lines. know I am not alone in support of hon- waii Law School Richardson School of In short, this is where she came from, oring our dear friend and former col- Law, on their own initiative, created where her values were forged, where league, Congresswoman Patsy Mink. and funded the Patsy Mink Memorial her spirit was lit, and it represents the Mr. Speaker, Patsy Mink fought tire- Fellowship for the purpose of providing people’s traditions and beliefs that she lessly during her career for improved an internship here in the U.S. Congress never forgot. This is a fitting memorial education. Ms. Mink’s coalition-build- each year to a person in Mrs. Mink’s for Patsy Takemoto Mink, and I urge ing ability for progressive legislation liking. my colleagues’ full support, and I continued during her tenure in Con- thank them for further consideration gress. She introduced the first com- b 1415 of a great Hawaiian and a great Amer- prehensive Early Childhood Education I am very proud to say the first Mink ican. Act and authored the Women’s Edu- fellow, Van Luong, joined my office Mr. DAVIS of Illinois. Mr. Speaker, I cational Equity Act. Patsy was knowl- last week, and she reminds me a lot of yield 1 minute to the gentleman from edgeable and courageous and she was Mrs. Mink. Massachusetts (Mr. TIERNEY). committed to people. I am certainly There also were and continue to be a Mr. TIERNEY. Mr. Speaker, I am proud to have had the opportunity to multitude of testimonials on her last- proud cosponsor of this legislation here serve with her and learn from her ex- ing legislative accomplishments, and I today, a bill to commemorate the re- ample. I miss her, and the people of Ha- want to leave to the colleagues that markable life and tremendous achieve- waii miss her, and her colleagues fond- come after me to document those one ments of a woman who served with ly remember her commitment and de- more time because they know better great distinction in the House of Rep- votion to public service. than I do what she accomplished here. resentatives. To Patsy’s friends, to her Mr. Speaker, I rise in support of H.R. 2030, But maybe what struck me the most, husband John, her daughter Wendy, legislation to designate a post office in Hawaii when I went out to campaign to take and her brother Eugene, I offer my con- as the Pasty Mink Post Office Building. I know over the representation that she had so dolences as we remember her today. I am not alone in support of honoring our dear well provided to the Second Congres- Over the past few months, we have friend and former colleague, Congresswoman sional District in what is still to this all missed the presence of her in our Patsy Mink. day referred to as Patsy Mink’s seat, lives, and we know if she was still with Throughout her career, Patsy Mink was a the testimonies from the ordinary peo- us today, Patsy would be fighting for trailblazer among Asian-American women. ple, the people that she touched during the rights of women and girls through Born in Maui in December of 1928, she was her life, the people that she rep- Title 9, and fighting to see that this encouraged to excel in the world of academia. resented, like the longtime friend in country lives up to its responsibilities Her life was a continuous breaking down of Lihue who was sick and who Patsy vis- to provide economic opportunity for all barriers: the first woman to be elected to the ited in the hospital just 2 days before Americans, and she would be pro- Territorial House, the first Asian-American she went into the hospital herself; like moting democratic values and human woman to practice law in Hawaii, and the first the taro farmers in Kipahulu on Maui, rights and international cooperation woman of color elected to Congress. they wanted to show her their lo’i, and abroad in Iraq and throughout the Mr. Speaker, there was no hurdle our dear the only way for her to do that was to world. friend Patsy could not overcome. After obtain- put on boots and walk out there in a She leaves a powerful legacy, and I ing her law degree from the University of Chi- very remote part of our district, and will leave it to others to go on, item by cago in 1951, she decided to open her own she did that. And the pig hunter in item, but we know she broke down law practice when no one was willing to hire Waimen on the Big Island; he had an many, many barriers, first for herself her. During this time, getting a job in the legal issue, and the only way to show her and then for others. She left a legacy field for women was very difficult. She what that issue was was to take her for millions of working families that seamlessly combined her work, marriage, and into the forest where he lived. She she helped lift out of poverty with edu- life as a new mother. went. cation and job training programs, rang- In 1965, Patsy Mink was elected to Con- These testimonials are the testi- ing from the war on poverty to welfare gress and began the first of six consecutive monies that really count, but they can reform. And she helped a whole genera- terms in the House of Representatives.

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.050 H10PT1 H5122 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Mr. Speaker, Patsy fought tirelessly during us are coming down to the floor with 1 causes and her love of education. This her career for improved education. Mink’s coa- minute or 2 minutes to try to summa- is an appropriate tribute. lition-building ability for progressive legislation rize our feelings about Patsy. I could Mr. Speaker, I rise in support of H.R. 2030 continued during her tenure in Congress. She not possibly even begin to do that. to pay tribute to a great colleague and per- introduced the first comprehensive Early Child- Forty-three years of my life was in- sonal friend, the Honorable Patsy Takamoto hood Education Act and authored the Wom- volved with Patsy when I was a student Mink. Congresswoman Mink passed away on en’s Educational Equity Act. and supporter of hers, and then as a September 28, 2002, after serving 12 terms in Patsy Mink was a trailblazer and fighter for colleague. To say that the people com- the House of Representatives. She was post- her constituents in Hawaii, as well as the rest ing down to this floor loved Patsy, ad- humously re-elected in November 2002 for a of the nation. She was a solid supporter of the mired her and respected her, hardly thirteenth. Congressional Black Caucus and for that I am does justice to those words. Congresswoman Mink was a remarkable grateful. As a disciplined and focused advo- There will never, ever be another per- woman in this chamber and throughout her cate for the voiceless, she will be forever son on this floor like Patsy Mink. life. Her interest and activism in politics started etched in our hearts and commitment to this When the history of the House of Rep- early, at the University of Nebraska, where body. resentatives is written, she will be in she fought and won a battle against race seg- Patsy was a knowledgeable, courageous the pantheon of heroes, those who ex- regated student housing. After gender dis- women—committed to people. I am certainly emplify the People’s House. If there crimination kept her from prestigious medical proud to have had the opportunity to serve was ever anyone who embodied what it schools, she was accepted to the University of with her and learn from her example. I will was that made this country great, Chicago Law School. Congresswoman Mink miss her, and the people of Hawaii will miss someone who came from immigrant joined the NAACP in the early days of the civil her and her colleagues will fondly remember circumstances to the highest echelons rights movements in the 1960s. She was one her commitment, determination, and devotion of government, and never forgot where of the few Asian American members of the or- to public service. she came from and who she was and ganization. Then, in 1965, Hawaii elected her Mr. DAVIS of Illinois. Mr. Speaker, I what and who she represented, it was the first woman of color in Congress. 1 Congresswoman Mink was an outspoken yield 1 ⁄2 minutes to the gentlewoman Patsy Mink. from California (Ms. WATSON). She was more than a friend and more advocate for women, children, laborers, mi- (Ms. WATSON asked and was given than a colleague. She was a beacon to norities and the poor. He visions of bettering permission to revise and extend her re- all of us who serve here hope to be. We this country lead to legislation supporting early marks.) all take our oath of office here to up- childhood education and family medical leave. Ms. WATSON. Mr. Speaker, I rise hold and defend the Constitution of the She also authored and ardently supported the today in strong support of H.R. 2030 United States, and we are only here be- Temporary Assistance for Needy Families that will designate the Patsy cause of the faith and trust of the peo- (TANF) bill that provided special protections Takemoto Mink Post Office Building in ple in our districts. Never, ever, has for victims of domestic violence and sexual as- Hawaii. I want to thank the gentleman anyone upheld better that faith and sault. One of Congresswoman Mink’s most signifi- from Hawaii (Mr. CASE) for introducing trust that our constituents have given cant actions in this House was her role as co- this bill so we may once again pay trib- to us than Patsy Mink. Patsy, you live author of the Title IX legislation, prohibiting ute to an outstanding United States with us and you live in this House, the gender discrimination. Title IX requires equal Congresswoman. people’s House, forever. support fro men and women in academics and I was deeply saddened by the passing Mr. DAVIS of Illinois. Mr. Speaker, I athletics at any institution receiving federal of Patsy Mink last year. Working with yield 1 minute to the gentlewoman money. This legislation has affected every Patsy has been one of the highlights of from Texas (Ms. JACKSON-LEE). my short time in Congress. As the first (Ms. JACKSON-LEE of Texas asked school and college campus across the country minority woman elected to Congress, and was given permission to revise and for the better. Recently, the Administration has threatened Patsy Mink has always been an inspi- extend her remarks.) to dismantle Title IX and the progress that has ration to me as an elected official. I Ms. JACKSON-LEE of Texas. Mr. been made to create equal opportunities for learned firsthand the remarkable work Speaker, I thank the gentleman from women and girls. We have come too far in the Patsy was doing 30 years ago when Illinois (Mr. DAVIS) for yielding me this struggle for fairness to turn back now. Con- title IX was passed, and as a member of time, and I thank the gentleman from gresswoman Mink not only helped to create the Los Angeles Unified School Board Hawaii (Mr. CASE) for the generosity the Title IX legislation but she fought to main- at the time, I was charged with imple- and attitude that you have brought to tain it. Consequently, after her death, Title IX this House following such a giant leg- menting a title IX plan for the Los An- was renamed the ‘‘Patsy T. Mink Equal Op- acy, and of course to the gentleman geles Community College system. portunity in Education Act.’’ Ever since then, I followed Patsy from Hawaii (Mr. ABERCROMBIE) who Congresswoman Mink was a fighter. She Mink’s public service career closely, has always been a champion on the knew what it was to knock down doors and including her tireless fight on behalf of issues of social justice, alongside his worked to keep them open for the women who the Economic Justice and Civil Rights very dear friend, Patsy Mink. would follow her. She changed the course of for All. During the 107th Congress, I We have been honored by allowing us history and caused transformation in the lives had the opportunity to work with to have an opportunity to say a few of millions of men and women, boys and girls. Patsy in putting together a com- words again about the Honorable Con- For that reason, it is my privilege to stand in prehensive welfare reform program. I gresswoman Patsy Mink. We were hon- support of this bill to name a post office in her was able to spend quality time with her ored to have shared in her home-going honor. during a trip to Sacramento to collect service in Hawaii, getting to see her Many of us have witnessed Congress- data on our welfare reform program we family members and all of her friends. woman Mink’s fiery style, particularly when had written in California. During the But more importantly, you have given she spoke out about social causes. Patsy process of putting her legislation to- us an opportunity once again to tell Mink wanted to see society become more eq- gether, Patsy never backed down and America what a champion, what a uitable. She worked tirelessly to promote poli- never compromised on protecting and hero, what an enormous giant of a cies that truly addressed the realities of pov- addressing the needs. Although our ef- woman, the first minority woman who erty and to promote education that would forts were unsuccessful, it was a great served in the United States Congress. allow individuals to attain self-sufficiency. honor to work with a true champion I close simply by saying this is the Without question, she was an effective lead- for American values and ideas. Thank appropriate honoring. I hope we will er. In 1992, McCall’s magazine named Con- you, Patsy, for all you have done for honor her more, not only with Post Of- gresswoman Mink one of the 10 best legisla- all of us. fice buildings, but with legislation tors in Congress. Recently, in 2002, the Na- Mr. DAVIS of Illinois. Mr. Speaker, I commemorating her valiant service. tional Organization for Women (NOW) named yield 2 minutes to the gentleman from Finally, we would not be here, equal as her a ‘‘Woman of Vision.’’ Hawaii (Mr. ABERCROMBIE). women and equal as athletes in per- I wish Congresswoman Mink were here with Mr. ABERCROMBIE. Mr. Speaker, it formance, if it had not been for Patsy us today, still leading the crusade to help chil- is kind of an amazing thing that all of Mink, title IX, her love of women’s dren and the working poor. She would not

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.029 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5123 stand idly by while those on the other side of in Hawaii, Patsy was a pioneer who Ms. SOLIS. Mr. Speaker, I rise today the aisle exclude millions of low-income fami- shattered the glass ceiling, a trail- also to join with my colleagues in cele- lies from the Child Tax credit while giving blazer who cleared the path for women brating Patsy Mink. We are going to away tax benefits to the wealthy. In this cham- and minorities to take their rightful honor her by naming a post office after ber, we could only benefit from her wisdom place in all aspects of public life. her, but she deserves so much more. and her voice on this issue, to protect the real As always, had she been here with us, She was a wonderful human being interests of all Americans, and not simply the Patsy would be leading the fight to re- whom I had a chance to know in my wealthy elite. store the child tax credit for low-in- first term here in Congress. She was a Congresswoman Patsy Mink is dearly come working Americans and to reori- warrior, a warrior in the sense that she missed, not only as a Congresswoman and ent our priorities to protecting the vul- fought for those who were voiceless. friend, but also as a tireless advocate for posi- nerable, not rewarding the privileged. She was a champion for women’s tive change in this country. We must not lose We Democrats will fight this battle for rights, equality, civil rights and envi- sight of her vision to promote equity among a child tax credit for low-income work- ronmental justice, someone whom I be- the differing segments of society. ing Americans and their children in lieve will always be remembered in the I support H.R. 2030 to honor Congress- Patsy’s memory and we will not rest halls here of Congress. She was a role woman Patsy Takemoto Mink. I will work to until it is won. model not only to women of color but continue her legacy. I will start now, by work- While she probably would have been also to the many, many young women ing to prevent the Administration from trying to embarrassed by the attention, it is who were striving for equality in the pry open the gaps in equity that Congress- wonderful that this House will take sports field, to even the playing field. woman Mink worked so tirelessly to close. time to honor Congresswoman Mink Today with much honor, I wear a sym- Mr. DAVIS of Illinois. Mr. Speaker, I and her constituents by renaming the bol of shattering the glass ceiling. This yield 1 minute to the gentlewoman post office for her. pin that I am wearing, this brooch, from Guam (Ms. BORDALLO). Mr. DAVIS of Illinois. Mr. Speaker, symbolizes women breaking through Ms. BORDALLO. Mr. Speaker, I rise it is now my pleasure to yield 11⁄2 min- and challenging and shattering the in strong support of H.R. 2030 authored utes to the gentlewoman from Cali- glass ceiling. Patsy Mink was one of by the gentleman from Hawaii (Mr. fornia (Ms. WOOLSEY). those warriors, someone who was al- CASE) honoring the late Congress- (Ms. WOOLSEY asked and was given ways constantly testing our tenacity, woman Patsy Takemoto Mink and permission to revise and extend her re- encouraging us as women and new naming the Post Office in Maui for her. marks.) Members here in the House to step for- Ms. WOOLSEY. Mr. Speaker, I am b 1430 ward. She was tremendous in the argu- proud to stand here and recognize the ments and debates that occurred on My association with, and admiration many contributions that Patsy welfare reform. Even though we did not for, Patsy Mink goes back many years Takemoto Mink made to the people of get what we wanted, she was there. to the time that her husband, John, this country, particularly to the girls I commend the gentleman from Ha- had done some work on Guam. Those of and women of this country. And I am waii (Mr. CASE) and the gentleman us living in the Pacific islands heard equally proud that she will be honored from Hawaii (Mr. ABERCROMBIE), who many stories of the legendary Patsy by a post office in her home State are paying tribute to her. She is a won- Mink, and it was my good fortune to named after Patsy Mink. I was privi- derful individual. I would ask our col- know her as a friend and a role model. leged to serve with Patsy on the House leagues to support this measure. She blazed trails as a woman leader Committee on Education and the Mr. DAVIS of Illinois. Mr. Speaker, and Pacific Islander that we have ea- Workforce from the beginning of my it is my pleasure to yield 1 minute to gerly followed and showed us that tenure in 1992. She was my mentor and the gentlewoman from Ohio (Mrs. women can make a huge difference for my friend, and I miss her every day. JONES), the first African American children and families in our islands. Besides being the first woman of woman on the Committee on Ways and She endorsed my candidacy for Con- color to serve in the House of Rep- Means. gress just before the November elec- resentatives, Patsy Takemoto Mink tion, 2002. Guam will always remember helped craft landmark legislation for (Mrs. JONES of Ohio asked and was Congresswoman Patsy Mink, and we girls and women across the country given permission to revise and extend will always be grateful for all the during her 24 years in Congress. In the her remarks.) causes that she championed on our be- early seventies, Patsy played the cen- Mrs. JONES of Ohio. Mr. Speaker, half. tral congressional role in the enact- this afternoon I am so pleased to have Mr. Speaker, I join my colleagues in ment of title IX, prohibiting gender an opportunity to join with my col- honoring her for her service and for discrimination by federally funded in- leagues on both sides of the aisle to being a true inspiration for women stitutions. celebrate Congresswoman Patsy Mink. throughout the Pacific. But title IX was not Patsy’s only As a trial lawyer, I used to litigate Mr. DAVIS of Illinois. Mr. Speaker, I contribution to girls and women of equal employment opportunity cases. yield 1 minute to the gentlewoman America. Patsy also authored the One of the cases I had involved a school from California (Ms. WATERS). Women’s Educational Equity Act, system wherein the women coaches Ms. WATERS. Mr. Speaker, I thank WEEA. WEEA remains the primary re- were claiming that they were not paid the gentleman from Illinois for yield- source for teachers and parents seeking the same amount of money as male ing me this time and thank the gen- information on proven methods to en- coaches for doing lots of work. I re- tleman from Hawaii (Mr. CASE) for of- sure gender equity in their schools and member doing some research and fering this important and very well-de- their communities. In fact, while this learning about Patsy Mink. Little did I served tribute. Congress is reauthorizing Head Start, I know that I would ever have the oppor- Patsy Mink was a friend of mine. We can hear Patsy’s passionate and intel- tunity to serve in the House of Rep- worked on many projects together long ligent voice demanding that we not resentatives with such a great woman. before I was ever elected to the Con- decimate this successful program by Patsy, I want you to know that I am gress of the United States. Mr. Speak- block granting any or all of it to the keeping the faith and working on your er, our dear departed friend and col- States. Her voice is missed. I hear it in behalf and working to keep your name league, Patsy Mink, was a giant. No my ears. I hope the people on the other in high regard. I hosted previously the one among our elected officials stood side of the aisle can hear it in their NCAA women’s volleyball champion- taller in addressing the needs of the ears so that we will do the right thing. ships in the city of Cleveland back in poor, the disenfranchised, and the Mr. DAVIS of Illinois. Mr. Speaker, I 1998; but I want you to know that in workers of this country than Patsy yield 1 minute to the gentlewoman 2006, your girlfriend will be hosting the Mink. from California (Ms. SOLIS). NCAA women’s basketball finals in the As the first minority woman elected (Ms. SOLIS asked and was given per- city of Cleveland. I am going to do it in to the Congress and the first Japanese- mission to revise and extend her re- your name and in your support. Thank American woman admitted to the bar marks.) you, Patsy, for all you do.

VerDate Jan 31 2003 04:17 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.031 H10PT1 H5124 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Mr. DAVIS of Illinois. Mr. Speaker, we were limited in our opportunities to woman attorney in Hawaii. She broke may I inquire as to how much time I be able to speak about Patsy and I so many barriers. She was a pioneer. have left. thought perhaps that it might offer an b 1445 The SPEAKER pro tempore (Mr. opportunity had we been able to extend DUNCAN). The gentleman from Illinois our time, and I want to say how much As I said, she considered public serv- has 1 minute remaining. we appreciate that we have had this op- ice a noble calling, and her public serv- Mr. DAVIS of Illinois. Mr. Speaker, I portunity to have a few more minutes ice was distinguished by deep patriot- would like to ask the gentlewoman to do it. ism and love of America. She loved from Florida if we might be able to use Not everyone may recognize the side America because of our freedoms, some of the time on her side. of Patsy that was so familiar to us in which are the envy of the world. She Ms. ROS-LEHTINEN. Mr. Speaker, I Hawaii, because obviously we saw her loved America because of its people, would be glad to yield 10 minutes to as the dynamo of legislative activity whose diversity is the strength of our the gentleman from Illinois (Mr. here in Washington. But I think per- country. She loved America because of DAVIS). haps not everyone recognized or under- the beauty of our country, which she The SPEAKER pro tempore. Without stood until they came to Hawaii and worked so hard to preserve on the Com- objection, the gentleman from Illinois had the opportunity to see from mittee on Resources. will control an additional 10 minutes. whence Hawaii Patsy came as to what Patsy worked on the Committee on There was no objection. Education and the Workforce and was Mr. DAVIS of Illinois. Mr. Speaker, I molded her as a person. For the young people that are here dedicated to improving the quality of thank the gentlewoman for yielding me today observing the remarks here on education and the quality of life for this time. children. When Patsy said ‘‘It is not Mr. Speaker, we have heard speaker the floor, they may not fully com- right’’ about something, Members after speaker take to the floor and talk prehend what it was to be female and would follow her anywhere. about the virtues and attributes of Japanese-American and smart and I had the privilege of speaking at Patsy Mink. To a person, they have all have to try and come up. We take a lot Patsy’s funeral service, and I told a talked about how fiery, how dynamic, of these things for granted. She was in story then that I think speaks to how how pointed and how relevant she was fact the pioneer, not just in Hawaii but irresistible she was and how she would and how much she meant to this insti- throughout the Nation, for indicating never take no for an answer and how tution. what could be accomplished with those Mr. Speaker, I am pleased to yield 1 kinds of strikes against her. She we were all at the mercy of her smile minute to the gentlewoman from Ohio turned that adversity into accomplish- and the twinkle in her eye. She had said to me one day, ‘‘I need (Ms. KAPTUR). ment. For that reason, if for that rea- Ms. KAPTUR. I thank the distin- son alone, she stands as the standard you to come speak in Hawaii at my tes- guished gentleman from Illinois for for which every young woman and timonial dinner, 25 years of service in yielding me this time. every young man who comes from the Congress.’’ How exciting and hon- Mr. Speaker, in 1 minute I cannot humble circumstances can aspire. With ored I was, except it was on the day of possibly do justice to our dear col- Patsy Mink, you had someone who was my town meeting in San Francisco. It league and friend, Patsy Mink. But the not just a friend, not someone who was was a Saturday evening for her then. other day in Ohio I had an experience; just a standard bearer, but you had She said, ‘‘What time is your town and I said, Patsy, if your amendment someone who set the foundation for all meeting?’’ had passed, we would not be in this sit- those who came after. I said, ‘‘It is 10 o’clock in the morn- uation where we have hundreds, indeed Mr. DAVIS of Illinois. Mr. Speaker, ing and it lasts 2 hours.’’ thousands, of students lined up in our it is my pleasure now to yield 4 min- She said, ‘‘Fine. You can be on the 1 community awaiting admission to utes to the gentlewoman from Cali- o’clock to Hawaii.’’ nursing school and they cannot be ad- fornia (Ms. PELOSI), the Democratic I said, ‘‘I have another town meeting mitted because the Workforce Invest- leader and a longtime friend and asso- on Sunday.’’ ment Act does not allow the funds to ciate of Patsy Mink’s. She said, ‘‘Fine. You can be on the be used for education for career train- Ms. PELOSI. Mr. Speaker, I thank red-eye to go back.’’ ing, only for storage of people at bot- the distinguished gentleman from Illi- So I took the 1 o’clock flight to Ha- tom feeder jobs in this economy. I nois (Mr. DAVIS) for yielding me this waii, got there at 5 o’clock, got to the thought, Patsy, if your amendment had time and for his leadership in bringing event at 6, left at 9, and was on the 10 passed, thousands and thousands and this to the floor. I want to commend o’clock flight home to San Francisco, thousands of people across this country the gentleman from Hawaii (Mr. CASE), as Patsy had decided for me. That was who are in the unemployment lines, the author of this legislation, and the sandwiched in between flights to and who are unable to advance their ca- gentleman from Hawaii (Mr. ABER- from Washington, D.C. But there was reers, would already be in the work- CROMBIE). I am pleased to join both of no way to say no to her, because she force. I thought, I miss you so much. them in honoring Patsy Takemoto had done so much for our country, be- You tried so hard. Mink. cause she meant so much to all of us. What a great woman. She accom- I rise in support of naming the post She had championed so many issues. plished so much—Title IX, her leader- office on Maui, Hawaii, as the Patsy We all loved her, respected her, and ship here on education issues, the first Takemoto Mink Post Office Building. miss her terribly. woman of color ever elected to the Con- Everyone who knew Patsy or worked So I cannot help but think that if gress of the United States. What an in- with her on a daily basis had his or her Patsy were here today, she would be cisive intellect, what an intelligent day brightened by her presence. With concerned about the expansion of the and persevering woman and someone her wonderful family and her magnifi- child tax credit and saying it is not who made a difference in the lives of cent education, Patsy could have led a right for us not to extend it to all the people across this country. It is my comfortable life, away from the rough children of our men and women in uni- deepest, deepest privilege to say I sup- and tumble world of politics. But as form, as well as our working families port the proposal to name the post of- has been said of Eleanor Roosevelt, in America. I wish she were here today. fice in Hawaii in her name. She is Patsy had a ‘‘burdensome conscience.’’ I know she would be proud of the rep- missed every day here. We thank her, She dedicated her life to helping people resentation of Hawaii that is here now, and we thank her family for her de- and challenging our consciences. in the person of the gentleman from voted service to our country. Our colleagues have spoken, as I Hawaii (Mr. CASE), and, of course, her Mr. DAVIS of Illinois. Mr. Speaker, I heard the gentleman from Hawaii (Mr. close pal and buddy and former col- yield 2 minutes to the gentleman from ABERCROMBIE) speak, to the obstacles league for many years, the gentleman Hawaii (Mr. ABERCROMBIE) for some that Patsy Mink had to overcome, as from Hawaii (Mr. ABERCROMBIE). further reflections. she was the first woman, the first Jap- Patsy Mink left a powerful legacy. Mr. ABERCROMBIE. Mr. Speaker, I anese-American in her law school, in Again, with a twinkle in her eye, her indicated in my previous remarks that her class; the first Asian-American dazzling smile and her wonderful laugh,

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.055 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5125 Patsy worked her magic on our coun- It was an honor for me to join her at this po- Mr. CUMMINGS. Mr. Speaker, I rise to sup- try, making history and progress along dium on June 19, 2002 in the commemoration port H.R. 2030, the Patsy Takemoto Mink Post the way. We were all privileged to call of the thirtieth anniversary of Title IX. Seldom Office Building offered by Representative ED her ‘‘colleague,’’ and it is an honor to does one get to join forces with one of the CASE. have this building named for the great original sponsors of legislation that was not Congresswoman Patsy Mink was a trail- Patsy Mink, and, important to her only landmark legislation for our country but blazer who fought for the passage of the family, the Patsy Takemoto Mink was so formative for my children’s generation. Women’s Educational Equity Act—landmark Postal Building in Maui, Hawaii. When I was a local school board member, we legislation. This groundbreaking legislation, Mr. DAVIS of Illinois. Mr. Speaker, I had to work hard to change the culture of our Title IX, promoted educational equity and yield myself such time as I may con- society to implement the equality embodied in opened the playing fields for millions of girls sume. this bill. and women. Patsy Mink stood up and spoke Mr. Speaker, I want to thank the As we all spoke that day of the importance up for girls and women. gentlewoman from California for her of this legislation, little did we imagine that her She was a member of the Government Re- remarks and comments. influence on the national conscience was soon form Committee and I am please that I had Mr. Speaker, I do want to express my to end. But, surely, she lived the battle for the opportunity to work with her. She will be appreciation to you for your accommo- equal opportunity that Title IX codified. missed but her legacy will continue not only in dation and to the gentlewoman from I am awed by the fact that in 1951 she the naming of this post office but in the legis- Florida. Patsy Mink was a great Amer- earned a law degree from the University of lative policies she supported. ican, a great representative for this Chicago, one of the country’s premier institu- I join my colleagues in honoring Patsy Mink body, and thousands of people all over tions. Most of us know that the two women for her service and for being a true role model the world were inspired by her. Long members of the Supreme Court who subse- for women and all Americans. before I became a Member of Congress, quently earned their law degrees struggled to Mr. HONDA. Mr. Speaker, in the nine I was inspired by Patsy Mink. find openings to practice their profession. She, months since we lost the irrepressible Con- Ms. PELOSI. Mr. Speaker, will the too, demonstrated that equal opportunity was gresswoman Patsy Takemoto Mink, my col- gentleman yield? leagues and communities across the Nation Mr. DAVIS of Illinois. I yield to the right for women in a field where women were have celebrated the incredible ‘‘firsts’’ and the gentlewoman from California. not well appreciated. Ms. PELOSI. Mr. Speaker, in my It is important that in addition to practicing numerous battles that Patsy waged on the be- friendship with the Case family, which law, her skills were valued so that President half of Americans who needed a voice in fed- includes the recently departed Dan Carter invited her to serve the executive eral policymaking the most. Case, he was a great person in our branch in the Department of State. Congresswoman Mink’s record as an advo- country and came from a beautiful, Naming a post office in her beloved Maui in cate for civil rights is unassailable, a crowing magnificent family of leaders, and her honor will remind us all of the issues achievement being the passage of Title IX of among them was Dan Case and is Steve which empowered her life—working for chil- the federal education amendments in 1972. Case. But we are blessed in this House dren—their education, their homes and their This landmark legislation banned gender dis- for Patsy to have been followed by the health care. I thank her for showing us the crimination in schools, both in academic and gentleman from Hawaii (Mr. CASE). way. athletics. The Case family is a family I know Ms. LEE. Mr. Speaker, I rise today to sup- She awakened all of our social conscious- well, and Hawaii is well represented by port H.R. 2030, a resolution designating the ness through her tireless advocacy, work and dedication; inspiring students, community lead- the gentleman from Hawaii (Mr. CASE). facility of the United States Postal Service lo- Mr. DAVIS of Illinois. Mr. Speaker, I cated at 120 Baldwin Avenue in Paia, Maui, ers, political appointees and especially elected yield back the balance of my time. Hawaii, as the ‘‘Patsy Takemoto Mink Post Of- officials of the Asian Pacific American commu- Ms. ROS-LEHTINEN. Mr. Speaker, I fice Building’’. nities and beyond. yield myself such time as I may con- Patsy was an outstanding leader, woman, Anyone who was fortunate enough to have sume. mother, and friend, and I believe that naming been touched by her life knows that this nation Mr. Speaker, again I want to thank a post office after her is a great tribute to a has lost a true warrior in the constant struggle the gentleman from Hawaii for intro- people’s champion. for justice. We will all miss her counsel and ducing this important legislation. We I believe Patsy spoke not only for the forgot- guidance, as well as her friendship. all worked with Congresswoman Patsy ten, the disenfranchised, and the poor, but Patsy Mink was there at the beginning of Mink and respected her. She will al- also to the conscience of all Americans. She many things. She was born at the time when ways be in our prayers, and her family was my colleague and dear friend who helped women and minorities were not given fair op- as well. lead the charge on providing real reforms that portunities to achieve their dreams. She re- I urge all Members to support the helped all people across the country. mains a role model for countless women, as adoption of this important resolution. Patsy stood as the standard for all legisla- well as those of us from the Asian American Mrs. DAVIS of California. Mr. Speaker, it is tors to rise to. Over the span of her career, and Pacific Islander community. my privilege today to come to the podium in she was particularly proud of the leading role Though she is not physically present, her support of the measure to honor a truly mem- she played in 1972 during the passage of Title spirit and legacy will live on through those of orable colleague, the Honorable Patsy IX of the Federal Education Act. She helped us who believe that the fight for fairness and Takemoto Mink by naming the post office in open many opportunities for women, which re- equity is never over. I find it a very fitting trib- Paia, Maui for her. flected a long-standing concern for equality, ute to pass H.R. 2030. This post office located When I came to Congress as a freshman liberty and justice for people. in Pa‘ia, Maui will be a constant reminder to member, it was so inspiring to serve on a I also shared her passion for peace and me- us of our great friend Patsy Mink and is the committee with a role model who has made a diation. She once said, ‘‘America is not a least we can do to ensure her legacy con- real mark on our society through her lengthy country which needs to demand conformity of tinues. service in the House of Representatives. all its people, for its strength lies in all our di- Ms. MILLENDER-MCDONALD. Mr. Speaker, Whenever Patsy took the microphone in the versities converging in one common belief, today I want to speak in favor of renaming the Education and the Workforce Committee, ev- that of the importance of freedom as the es- U.S. Postal Service office in Paia, Hawaii the eryone knew that her comments would be sence of our country.’’ ‘‘Patsy Takemoto Mink Post Office Building.’’ principled, measured from the institutional I loved and respected Patsy for her courage We do this in honor of the legacy of a pio- knowledge of years working on persistent and fortitude. neering woman and one of the most distin- issues, and delivered with articulate passion. I A great woman in Congress, Patsy Mink guished and honorable Members of the House admired her penchant for considering strat- was brilliant, full of compassion, and passion; of Representatives, my colleague and my egy—was it better to accept half a loaf this always working tirelessly for equal justice, lib- friend—Congresswoman Patsy Mink. I am so year or wait until next year to try to get the erty, and the value of a diverse legislative pleased to have had an opportunity to know whole loaf. I respected her willingness always body. her and serve with her. to stand up for people who were disadvan- I’m proud to have served beside Congress- Without Patsy’s leadership, the passage of taged. Her priorities for education, housing, woman Patsy Mink and miss her tremen- the hallmark Title IX of the Federal Education and health care match mine, and I valued her dously. I ask that all of my colleagues support Act of 1972 would never have come to pass. leadership in keeping that focus clear. passage of H.R. 2030. Thanks to Patsy’s hard work, Title IX created

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.057 H10PT1 H5126 CONGRESSIONAL RECORD — HOUSE June 10, 2003 opportunities for women and girls in athletics support for legislation to provide additional to Congress, and she served the APA commu- and all operations of college and university educational opportunities for the nation’s wel- nity as chair of the Congressional Asian Pa- programs. fare recipients. Patsy Mink also helped write cific American Caucus. She blazed trails for I shall remember her as a giant who spoke environmental protection laws safeguarding many of us, and encouraged students, com- in gentle but very fierce and deliberate tones, land and water in communities affected by munity leaders, and APA elected officials to and whose stature allowed her to tower above coal strip mining. get involved with the legislative process. the crowds. Patsy challenged us all the time It is certainly fitting that we acknowledge Mrs. Mink’s career in public service was de- with the question ‘‘Does it matter whether this outstanding woman’s accomplishments by fined by her commitment to giving a voice for women are involved in politics?’’ Her career naming a post office in her honor, and I thank those who needed it most. A prominent mem- exemplifies the answer. Her voice is now Representative ED CASE for his stewardship of ber of Congress, she worked tirelessly on be- stilled, but her ideals and the challenges she this bill. Patsy Mink’s life of public service half of women and minorities, focusing on left for us will forever be etched in our mem- spanned six decades, beginning in 1956 when issues such as civil rights, education, the envi- ory. she was elected to the Territorial House in Ha- ronment, and poverty. Mr. MATSUI. Mr. Speaker, I rise today in waii. In 1964 she was elected to the House of I am honored to have served with her, both support of H.R. 2030, a bill to designate the Representatives and was one of the early op- in the Congressional Asian Pacific American United States Postal Service facility located at ponents of the Vietnam War. President Jimmy Caucus and in the Education and Work Force 120 Baldwin Avenue in Paia, Maui, Hawaii, as Carter appointed her as assistant secretary of Committee. Her endless dedication to public the ‘‘Patsy Takemoto Mink Post Office Build- state for oceans, international, environmental service was a guiding example to all of us. ing.’’ I want to thank my colleague from Ha- and scientific affairs from 1977 to 1978, and Above all, I will miss her friendship. waii, Mr. CASE, for introducing this bill, and she served as the national president for Amer- I urge my colleagues to vote in favor of H.R. ask all of my colleagues to join with me in icans for Democratic Action (ADA) from 1978 2030. supporting this legislation to ensure that the to 1981. Following her tenure as ADA presi- Mr. CASE. Mr. Speaker, just nine months people of Hawaii and all those who visit there dent, she returned to politics, serving on the ago, in the middle of her campaign for a thir- remember this remarkable woman. Honolulu City Council, and in a 1990 special teenth House term, which she most certainly I cannot say enough about Patsy Mink. She election, she regained her Congressional seat. would have won resoundingly and in fact did was a trailblazer—the first woman of color Patsy Mink was an exemplary role model for win posthumously, the late United States Rep- elected to Congress in 1964, the first Asian- women and minorities, and it is a pleasure resentative Patsy Takemoto Mink was trag- American woman to practice law in Hawaii, and an honor to pay homage to a cherished ically lost to her beloved Hawai‘i, this Con- the first woman president of the Americans for colleague, who is no longer here, but certainly gress, our country, and our very world. Democratic Action, the list goes on . . . By not forgotten. The days, weeks, and months that followed the time I was elected to Congress in 1978, Mr. FALEOMAVAEGA. Mr. Speaker, I rise witnessed a massive outpouring of first shock she had already won passage of a major in support of H.R. 2030, a bill to designate the and disbelief, then sorrow and regret, and fi- piece of civil rights legislation: Title IX ex- facility of the United States Postal Service in nally remembrance and gratitude for this sin- panded opportunities to female student ath- Paia, Maui, Hawaii as the Patsy Takemoto gular life. letes across the United States. Mindful of the Mink Post Office Building. Patsy served as my As just a few examples: beautiful region she represented, Patsy was mentor, my teacher, my advisor and most im- A deeply moving memorial service was held also fiercely committed to protecting our nat- portantly, my friend. Congresswoman Mink in our Hawai‘i State Capitol, graciously at- ural resources and fought to ensure a healthy was a woman of courage and determination tended by many of Mrs. Mink’s colleagues environment for all Americans. And her work who wore the mantle of leader with ease. from this House, including now-Minority Lead- on welfare reform later in her career reflected Born to immigrant parents in Hawaii, Patsy er PELOSI and Education and the Workforce her fundamental belief that families living in developed an appreciation for education at a Ranking Member MILLER, and thousands of poverty deserve the opportunity to share in the young age. She obtained a Bachelor’s degree grateful citizens of Hawai‘i and beyond; America dream. The country has benefited tre- from the University of Hawaii and, as we all This House published a beautiful memorial mendously from Patsy’s dedication to her val- know, it was Patsy’s intent to attend medical volume containing the many eulogies deliv- ues and her devotion to social progress. And school upon completion of her bachelor’s de- ered by Mrs. Mink’s colleagues on this House those who had the privilege to know her bene- gree. However, Patsy never realized this floor, and I want my colleagues to know how fited from her warmth, kindness, and friend- dream as none of the 20 medical schools to deeply grateful the Mink family—husband ship. which she applied would accept women. John, daughter Wendy, brother Eugene—are Patsy Mink’s unyielding commitment to Not one to stand idly by, Patsy decided to for that gesture; and issues of social justice and equality will be attend the University of Chicago’s Law School. The students at the University of Hawai‘i deeply missed in the House, as will her friend- Upon graduating from law school, Patsy re- Richardson School of Law, on their own initia- ship and leadership. I urge my colleagues to turned to Hawaii where she became the first tive, created and funded the Patsy T. Mink support this bill as a small token of apprecia- Asian-American woman to practice law in Ha- Memorial Fellowship for the purpose of pro- tion for all that Patsy Mink gave to this body, waii. This was just one of many firsts Patsy viding an internship here in our Congress the people of Hawaii, and our great nation. As would accomplish. each year to a person in Mrs. Mink’s making; we remember her today, let us hope that nam- Congresswoman Patsy Mink was the first the first Mink Fellow, Van Luong, joined my of- ing this building in her honor will inspire others woman of color elected to Congress and intro- fice last week and, you know, she reminds me to follow her example of tireless dedication to duced the first comprehensive Early Childhood of Mrs. Mink. public service. Education Act. Most notably, Patsy was a co- There also were and continued to be a mul- Mr. HASTINGS of Florida. Mr. Speaker, I author of Title IX of the Higher Education Act, titude of testimonials on her lasting legislative rise today in support of this bill, which des- an Act which has played a pivotal role in ex- accomplishments. My colleagues that will fol- ignates a post office in Paia, Maui County, Ha- panding women’s educational and sports op- low me and know of her exploits in this arena waii as the Patsy Takemoto Mink Post Office portunities in colleges and universities can tell this story best. Building. Patsy Mink served in the House of throughout our country. But perhaps what struck me most amidst Representatives from 1964 to 1977 and again Patsy also faced life’s hardships with dig- this outpouring were the simple testimonials I from 1990 to 2002. The world lost one of its nity, integrity and honor. I believe it is only fit- heard, as I sought election to what is still re- greatest citizens, and I lost a good friend ting that we now honor Patsy by designating ferred to as ‘‘Patsy Mink’s seat,’’ from the ordi- when she passed away on September 28, the U.S. Postal facility in Paia, Maui in her nary people out across Hawai‘i’s great Second 2002. name. I urge my colleagues to support H.R. District; the people she represented and lived One of her greatest legislative accomplish- 2030. for, like: ments, she felt, was the passage of Title IX, Mr. WU. Mr. Speaker, I rise in strong sup- The longtime friend in Lihu‘e on Kaua‘i, who which led to expanded opportunities for port of H.R. 2030, a bill to designate a post of- Patsy, herself sick, visited in the hospital there women and girls in athletics and academics. fice in Paia, Maui, Hawaii in honor of dear col- just days before she herself was admitted; In the last decade of her political leadership, league and friend, Patsy Mink. The taro farmers in Kipahulu, Maui, about she was a tireless advocate on behalf of poor Congresswoman Mink was an advocate, as remote a place as there is in Hawai‘i, who families, working to promote policies that ad- mentor, and inspiration for Asian American asked Patsy to come and see their problem dressed the realities of poverty. During the and Pacific Islander communities. Mrs. Mink personally, and she did, donning boots and 107th Congress, she garnered substantial was the first Asian American woman elected walking through their lo‘i; and

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.041 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5127 The pig hunter in Waimea on the Big Island; The Clerk read as follows: agreements between business and labor he was concerned that she understand an H.R. 925 on a variety of important issues. issue and the only way, he thought, was to Be it enacted by the Senate and House of Rep- So my colleague from Illinois wants show her the issue up in the forest; she went. resentatives of the United States of America in to name this post office for labor leader These testimonials, of course can never re- Congress assembled, Cesar Chavez, and, therefore, Mr. place Patsy Mink, although they do dem- SECTION 1. CESAR CHAVEZ POST OFFICE. Speaker, I urge all Members to support onstrate that our remembrances of her are her (a) REDESIGNATION.—The facility of the passage of H.R. 925. own best legacy. But it is entirely appropriate United States Postal Service located at 1859 Mr. Speaker, I reserve the balance of that we all provide a more tangible reminder of South Ashland Avenue in Chicago, Illinois, my time. and known as the Pilsen Post Office, shall be her life and times, a memorial that will serve Mr. DAVIS of Illinois. Mr. Speaker, I known and designated as the ‘‘Cesar Chavez yield myself such time as I may con- as a constant physical reminder that will cause Post Office’’. us to reflect on what she stood for. sume. (b) REFERENCES.—Any reference in a law, Mr. Speaker, I am pleased to join my And so, as I talked about this with John map, regulation, document, paper, or other Mink after my election, he relayed his wish, record of the United States to the facility re- colleague in consideration of H.R. 925, legislation redesignating a postal facil- also endorsed by others such as the Maui ferred to in subsection (a) shall be deemed to ity after Cesar Chavez, a fighter for County Council, that the U.S. Post Office at be a reference to the Cesar Chavez Post Of- dignity, human rights, and livable Pa‘ia, Maui be renamed the ‘‘Patsy Takemoto fice. working conditions. Mink Post Office Building.’’ And when you un- The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from H.R. 925, which was introduced by my derstand Pa‘ia where it is and what it rep- good friend and colleague, the gen- resented to Patsy Mink, you understand how Florida (Ms. ROS-LEHTINEN) and the tleman from Illinois (Mr. GUTIERREZ), entirely appropriate it is that we take this ac- gentleman from Illinois (Mr. DAVIS) each will control 20 minutes. on February 26, 2003, has met the com- tion. mittee policy and has been cosponsored Pa‘ia is a town on the north shore of Maui, The Chair recognizes the gentlewoman from Florida (Ms. ROS- by the entire Illinois delegation. on the slopes of Haleakala, a town built on Cesar Estrada Chavez, the founding LEHTINEN). sugar and pineapple. It is located about a mile leader of the first successful farm GENERAL LEAVE from what was once the thriving plantation vil- workers union, was born on March 31, lage of Hamakua Poko, a village of immigrants Ms. ROS-LEHTINEN. Mr. Speaker, I 1927, near Yuma, Arizona, the second of of Japanese, Portuguese, Filipino and other ask unanimous consent that all Mem- six children. Cesar began working as a origins; a village where Patsy Takemoto was bers may have 5 legislative days within migrant worker when the family lost born in 1927 and raised in all of the good, and which to revise and extend their re- their land during the Depression. When not so good, of Hawai‘i and our country in the marks on H.R. 925. he was 11 years old, the Chavez family 1930s and 1940s; a community in which The SPEAKER pro tempore. Is there followed the crop picking and moved to bonds were deep but needs were great. It is objection to the request of the gentle- California, living in the trucks they also the community in which the old Maui High woman from Florida? drove. School was located, the school where Mrs. There was no objection. Although working in the fields and Mink’s political career began when she was Ms. ROS-LEHTINEN. Mr. Speaker, I attending school was difficult, if not elected its first woman student body president, yield myself such time as I may con- impossible, Cesar managed to do both the first of many such firsts, and from which sume. and graduated from the eighth grade. she graduated in 1944 as valedictorian and Mr. Speaker, H.R. 925, introduced by Shortly afterwards, he joined the Navy. went on to the incredible life she led. my distinguished colleague, the gen- After his tour of duty, he began teach- In short, Pa‘ia is where this great American tleman from Illinois (Mr. GUTIERREZ), ing Mexican farm workers to read and was born, where her values were forged, redesignates this postal facility in Chi- write so that they could take the test where her spirit was lit. And it represents, both cago, Illinois, as the Cesar Chavez Post and become American citizens. This ac- physically and figuratively, the peoples, tradi- Office Building. tivity marked the beginning of Cesar’s tions, and beliefs that she never ever forgot. This legislation deals with an Amer- efforts to improve working conditions There is no more fitting memorial to Patsy ican civil rights advocate. Cesar Cha- for migrant workers. Takemoto Mink than that she be remembered vez grew up as a migrant agrarian Cesar Chavez founded the National by us all here in her hometown. For the Mink worker after being born in Arizona in Farm Workers Association in Delano, family and Hawai‘i, I thank my 115 co-spon- 1927. As a young adult he became in- California, and in 1965 joined an AFL– sors. I thank Chair DAVIS and Ranking Mem- volved in the Community Service Orga- CIO union strike against Delano Table ber WAXMAN for moving this bill through the nization and ultimately rose to the po- and Wine Growers. This successful 5- committee so quickly, I thank those who came sition of general director in 1958. year strike led supporters to the here to speak, and for Hawaii I thank this Four years later, Cesar Chavez left United Farm Workers, a national group House. the CSO to join with some of his fellow of unions, churches, students, minori- Ms. ROS-LEHTINEN. Mr. Speaker, I wine grape pickers and form the Na- ties and others. It became affiliated yield back the balance of my time. tional Farm Workers Association. This with the AFL–CIO. The SPEAKER pro tempore (Mr. organization was active in acquiring Cesar continued organizing workers, DUNCAN). The question is on the mo- service contracts from major growers strike after strike. And he produced re- tion offered by the gentlewoman from in California. His ambition led him to sults. Farm workers gained collective Florida (Ms. ROS-LEHTINEN) that the merge the National Farm Workers As- bargaining rights and under union con- House suspend the rules and pass the sociation with the Agricultural Work- tracts enjoyed higher pay, health care bill, H.R. 2030. ers Organizing Committee of the giant and pension benefits. The question was taken; and (two- labor umbrella organization, the AFL– In 1984, Cesar called for another thirds having voted in favor thereof) CIO. The upshot group became called grape boycott, to protest the pesticide the rules were suspended and the bill the United Farm Workers Organizing poisoning of grape workers and their was passed. Committee. farmers. A motion to reconsider was laid on In 1972, Cesar Chavez’s organization Cesar Chavez passed away at the age the table. became a member union of the AFL– of 66 on April 12, 1993. Before he died, f CIO and he was named president. In he received the Aztec Eagle, Mexico’s this role, Cesar Chavez’s influence only highest award given to people of Mexi- CESAR CHAVEZ POST OFFICE expanded, and he coordinated activities can heritage who have made major con- Ms. ROS-LEHTINEN. Mr. Speaker, I on agricultural issues. tributions outside of Mexico. On Au- move to suspend the rules and pass the Cesar Chavez will be remembered for gust 8, 1994, President William Clinton bill (H.R. 925) to redesignate the facil- his stands in support of workers, in posthumously awarded Mr. Chavez the ity of the United States Postal Service support of their wages and their rights, Presidential Medal of Freedom, the located at 1859 South Ashland Avenue, and the difference he has made in the highest civilian honor in America. Chicago, Illinois, as the ‘‘Cesar Chavez lives of all current and future workers. Mr. Speaker, I commend my col- Post Office’’. His advocacy has led to countless league for seeking to honor the legacy

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.035 H10PT1 H5128 CONGRESSIONAL RECORD — HOUSE June 10, 2003 of Cesar Estrada Chavez, and urge swift ditions, so that they too could have a sciousness and pride that were raised passage of this resolution. say in the fight for reasonable and re- by our union are alive and thriving in- Mr. Speaker, I yield such time as he spectable wages. Chavez fought for the side millions of young Hispanics who may consume to my friend, the gen- most basic and the most fundamental will never work on a farm.’’ And we tleman from Illinois (Mr. GUTIERREZ), and the most essential rights for work- must work to keep that consciousness the sponsor of this legislation. ers. He fought so that growers would and pride alive in future generations. Mr. GUTIERREZ. Mr. Speaker, I not spray pesticides while workers We must work to keep the conscious- thank my good friend for yielding me were in the fields. He fought so that ness and pride alive as we advocate for time, and I thank the gentlewoman they could have a clean water system a new generation of immigrant work- from Florida (Ms. ROS-LEHTINEN) for and decent housing. And his actions ers. her work on the consideration of this and hard work were vital in achieving Every time someone in my commu- bill today. I would like to also thank better pay for migrant farmers, to ban- nity drops off a letter, goes to buy a all of the staff members who worked ning child labor abuses, and to miti- stamp, or passes by the post office, tirelessly in making this possible, and gating the proliferation of sexual har- they will be able to remember Cesar specifically I would like to thank my assment of women workers. Chavez’s life, remember his accom- good friend Danielle Simonetta and Mi- Cesar Chavez’s courage and his char- plishments, appreciate his vision and, chael Layman from the majority side acter helped strengthen the farm work- ideally, summon the strength to em- for all of the work they have done in ers movement, and his principles of body his teaching in their daily activi- making this bill. And I say to Danielle nonviolence continue to play an impor- ties. It will also serve as a focal point specifically that my daughter sends her tant role in the quest for social justice in a vibrant and growing Pilsen com- good wishes. She is doing better, and and human rights and for a world with- munity and as a reminder of the chal- she is real excited about Cesar Chavez out prejudice or injustice. lenges we face today. and the opportunity for the action that Mr. Speaker, for everyone who has Mr. Speaker, Cesar Chavez gave we can afford his life here today. ever fought for fairness, Chavez is a workers everywhere a reason to believe Mr. Speaker, I rise to celebrate today model and a true mentor. Because he and a reason to dream. He inspired the life and legacy of Cesar Chavez and refused to let bigotry and bias go un- them, with his desire and discipline, to to recognize his passion for empow- challenged, workers are better pro- stand together and to do better and to ering workers and for defending the tected and represented today. Because reach farther. And in doing so, he gave rights of the disadvantaged. he refused to respond to discrimination so many the courage and the strength The legislation we are considering and intolerance with silence, we live in to fight for equity and equality. today, H.R. 925, would designate a a better and more inclusive America. That is why I urge the passage of this United States Postal Service facility According to Chavez, ‘‘The truest act important legislation. at 1859 South Ashland Avenue in my of courage, the strongest act of manli- In ending, Mr. Speaker, I would like district as the Cesar Chavez Post Of- ness, is to sacrifice ourselves for others to thank my friends again, the gentle- fice. The facility would serve as a per- in a totally nonviolent struggle for jus- woman from Florida (Ms. ROS- manent tribute and a lasting reminder tice. To be a man is to suffer for oth- LEHTINEN), and my dear friend, the of the selflessness and self-sacrifice ers.’’ gentleman from Chicago, Illinois (Mr. that embodied Chavez’s life and work. At the time those eloquent words DAVIS), who I know when we finally get Mr. Speaker, this is not the first were articulated, Chavez was too weak this legislation approved will be stand- time a legislative body has paused to to speak them himself. He was fasting ing with me in inaugurating this won- honor Cesar Chavez, and it is my hope in protest of violence against workers, derful new post office for Cesar Chavez. it will not be the last. The more build- and his speech had to be read by some- Mr. DAVIS of Illinois. Mr. Speaker, I ings, the more streets, the more one else. do not believe we have any additional stamps and the more parks that are Throughout his life, Chavez never re- requests for time, but I yield myself designated, the more we can keep Cesar lented, he never backed down, and he such time as I may consume to note Chavez’s principles, his passion and de- never wavered from his commitment to that I was pleased to have the oppor- votion alive, and the more we will be nonviolence. When he passed away in tunity to be in the company of Caesar able to encourage others to continue 1993, more than 50,000 people attended Chavez on several occasions, at rallies, the unfinished business that Cesar Cha- his funeral to pay homage and their re- demonstrations, marches, and on pick- vez left behind, to take up his fight and spects to a man who fought so fear- et lines, even in Chicago where there his causes and to make similar sac- lessly, so tirelessly for those not al- were no farms. It is an excellent way of rifices in the name of justice and dig- ways heard or even seen in our society. remembering the great contributions nity. A reporter wrote, ‘‘During the vigil Throughout history, there have been at the open casket on the day before that he has made. few individuals that have done more, the funeral, an old man lifted a child Mr. Speaker, I yield back the balance that have fought harder or sacrificed as up to show him the small, gray-haired of my time. Ms. ROS-LEHTINEN. Mr. Speaker, I much to ensure dignity and decency for man who laid inside. ‘I am going to tell have no other speakers. Again, I want all workers than Cesar Chavez. The you about this man some day, he to thank the gentleman from Illinois late Senator Robert F. Kennedy called said.’ ’’ (Mr. GUTIERREZ), my good friend, for him one of the heroic figures of our The legislation we are discussing introducing this measure, and I urge time. today would ensure that countless oth- Cesar Chavez remains a champion to ers remember to tell their children all Members to support the adoption of working people around the world and about this man, about his life, his les- this resolution. an inspiration to generations of sons, and his legacy. It will also help Ms. SCHAKOWSKY. Mr. Speaker, I rise Latinos, both here in this country and educate tomorrow’s leaders about the today in support of H.R. 925, a bill to des- abroad, and his accomplishments are characteristics that they should appre- ignate a U.S. Post Office in Chicago, IL the an enduring symbol and a shining ex- ciate, about the achievements that ‘‘Ce´sar Cha`vez Post Office.’’ I can think of no ample of what one man can achieve in they celebrate, and about the types of one more deserving of such an honor than the the fight for fairness. individuals that they should emulate. great civil rights leader, Ce´sar Cha`vez. I want Cesar Chavez stood up to the biggest, Mr. Speaker, in the year since his to commend my colleague, Representative the most well-financed and the strong- passing, Chavez has been awarded GUTIERREZ, for his leadership in bringing this est corporate growers. He fought for many of our Nation’s highest honors, legislation before the House and I am proud to farm workers who spent countless including the 1994 Medal of Freedom. join him as an original cosponsor. hours doing our Nation’s most arduous And the passage of this legislation, I Ce´sar Cha`vez was an organizer, an activist, and strenuous work. believe, would serve as another impor- a protestor, a farm worker, a peace-lover, a tant and lasting testament to the out- father, and a son. Raised in a family of farm b 1500 standing work of Cesar Chavez. workers forced to migrate throughout the He defended men and women crippled At the Commonwealth Club of San Southwest, Cha`vez was led by his compas- by despair and deplorable working con- Francisco, Chavez said, ‘‘The con- sion, his ability to inspire others to action, and

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.059 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5129 his deep sense of fairness and equality to or- In 1962, Mr. Chavez moved his wife and confined to the bill and shall not exceed one ganize and establish what is today the United eight young children to California where he hour equally divided and controlled by the Farmworkers of America. Because of his ef- founded the National Farm Workers Associa- chairman and ranking minority member of the Committee on Financial Services. After forts, many farm workers today enjoy higher tion (NFWA). Cesar Chavez founded and led general debate the bill shall be considered pay, family health coverage, pension benefits, the first successful farm workers’ union in U.S. for amendment under the five-minute rule. and other contract protections. While we still history. In 1968, Mr. Chavez conducted a 25- The bill shall be considered as read. No have a long way to go in giving farm workers day fast to reaffirm the United Farm Workers amendment to the bill shall be in order ex- the fair pay and healthy work conditions they commitment to nonviolence. The late Senator cept those printed in the report of the Com- deserve, Ce´sar Cha`vez laid the foundation to- Robert F. Kennedy called Cesar Chavez ‘‘one mittee on Rules accompanying this resolu- ward accomplishing those important goals. of the heroic figures of our time’’, and actually tion. Each amendment may be offered only Ce´sar Cha`vez understood what it took to flew to be with Mr. Chavez when he ended his in the order printed in the report, may be of- create a movement and he dedicated every fered only by a Member designated in the re- fast. port, shall be considered as read, shall be depart of his life to setting an example and lead- In 1991, Mr. Chavez received the Aguila batable for the time specified in the report ing the way. As a child and young man, he ex- Azteca (The Aztec Eagle), Mexico’s highest equally divided and controlled by the pro- perienced firsthand the harsh working condi- award presented to people of Mexican herit- ponent and an opponent, shall not be subject tions of farm workers—the long hours, poverty age who have made significant contributions to amendment, and shall not be subject to a wages, harassment, and abuse—as well as outside of Mexico. Mr. Cesar Chavez passed demand for division of the question in the the limited access to education and health away on April 23, 1993, at the age of 66. At House or in the Committee of the Whole. All care. Understanding and addressing the roots the time of his death he was the president of points of order against such amendments are of the problem, Cha`vez was able to make a waived. At the conclusion of consideration of the United Farm Workers of America, AFL– the bill for amendment the Committee shall lasting and significant impact. He conducted CIO. On August 8, 1994 Cesar became the rise and report the bill to the House with voter registration drives and campaigns second Mexican American to receive the Pres- such amendments as may have been adopted. against racial and economic discrimination. He idential Medal of Freedom, the highest civilian The previous question shall be considered as led boycotts and pickets and hunger strikes. honor in the United States. The award was ordered on the bill and amendments thereto His nonviolent methods echoed those of Mar- presented posthumously by then president, Bill to final passage without intervening motion tin Luther King, Jr. and Mahatma Gandhi. He Clinton. except one motion to recommit with or with- showed us all how critical it is to organize Given the immense and innumerable con- out instructions. people, to unify them for a cause, and to help tributions that Mr. Cesar Chavez has made to The SPEAKER pro tempore. The gen- them believe in themselves and their ability to our society in advocating for the rights and tleman from Georgia (Mr. LINDER) is make a difference. causes of the working poor, I hope that my recognized for 1 hour. Ce´sar Cha`vez continues to be an example colleagues will join me in voting affirmatively Mr. LINDER. Mr. Speaker, for the for us today. He taught us that ‘‘Si se puede,’’ that the U.S. Postal Service Facility located at purposes of debate only, I yield the cus- or ‘‘Yes we can.’’ We can—and we must— 1859 Southland Avenue in Chicago, Illinois be tomary 30 minutes to the gentleman help those with no voice, help those who are designated at the ‘‘Cesar Chavez Post Office’’. from Florida (Mr. HASTINGS), pending discriminated against, help those who are Ms. ROS-LEHTINEN. Mr. Speaker, I which I yield myself such time as I taken advantage of, and help those who live yield back the balance of my time. may consume. During consideration of in poverty and are struggling to survive. If The SPEAKER pro tempore (Mr. this resolution, all time yielded is for Ce´sar Cha`vez were alive today, I am sure he DUNCAN). The question is on the mo- the purpose of debate only. would still be leading the fight for fairness and tion offered by the gentlewoman from Mr. Speaker, H. Res. 263 is a struc- equality for workers and their families. We Florida (Ms. ROS-LEHTINEN) that the tured rule that provides for the consid- must not let his legacy die; we must not let his House suspend the rules and pass the eration of H.R. 2143, the Unlawful great strides forward become giant steps bill, H.R. 925. Internet Gambling Funding Prohibi- backward. We must continue to work for what The question was taken; and (two- tion Act. This is a fair, structured rule is right. I urge my colleagues to vote yes on thirds having voted in favor thereof) that merits the House’s approval. H.R. 925. the rules were suspended and the bill This rule provides for 1 hour of gen- Ms. JACKSON-LEE of Texas. Mr. Speaker, was passed. eral debate equally divided and con- I rise today in solidarity with my colleagues to A motion to reconsider was laid on trolled by the chairman and ranking honor the enduring legacy of Mr. Cesar the table. minority member of the Committee on Estrada Chavez. Financial Services. Mr. Chavez was born of humble beginnings f This rule makes in order only those in 1933 near Yuma, Arizona. Early in life, Mr. MESSAGES FROM THE PRESIDENT amendments printed in the Committee Chavez was forced to recognize the harsh re- on Rules report accompanying H. Res. Messages in writing from the Presi- alities of racism that all too often plagued 263. It provides that the amendments dent of the United States were commu- communities of color. After his family’s home printed in the report may be considered nicated to the House by Ms. Wanda and land were taken from them, Mr. Chavez only in the order printed in the report, Evans, one of his secretaries. knew first hand what it meant to be the victim may be offered only by a Member des- of gross injustice. Yet despite this and similar f ignated by the report, shall be consid- experiences of discrimination, Mr. Chavez was PROVIDING FOR CONSIDERATION ered as read, shall be debatable for the not deterred. He often said that, ‘‘the love for OF H.R. 2143, UNLAWFUL INTER- time specified in the report equally di- justice that is in us is not only the best part of NET GAMBLING FUNDING PROHI- vided and controlled by the proponent our being but also the most true to our na- BITION ACT and an opponent, shall not be subject ture.’’ to amendment, and shall not be subject In 1945, Mr. Chavez joined the U.S. Navy Mr. LINDER. Mr. Speaker, by direc- to a demand for a division of the ques- and served in the Western Pacific during the tion of the Committee on Rules, I call tion in the House or in the Committee end of WWII. After completing his military up House Resolution 263 and ask for its of the Whole. service, Mr. Chavez returned to his roots, immediate consideration. This rule waives all points of order working and laboring in the fields. By day Mr. The Clerk read the resolution, as fol- against the amendments printed in the Chavez picked apricots in an orchard outside lows: report, provides one motion to recom- of San Jose; by night he was actively involved H. RES. 263 mit, with or without instructions. in galvanizing voter registration drives. In Resolved, That at any time after the adop- With respect to the underlying legis- 1952, Mr. Chavez was a full time organizer tion of this resolution the Speaker may, pur- lation, H.R. 2143, I want to acknowl- with the Chicago-based Community Service suant to clause 2(b) of rule XVIII, declare the edge the efforts of my friend and col- Organization (CSO). Not only did he coordi- House resolved into the Committee of the league, the gentleman from Ohio (Mr. Whole House on the state of the Union for OXLEY), chairman of the Committee on nate voter registration drives, but he battled consideration of the bill (H.R. 2143) to pre- racial and economic discrimination against vent the use of certain bank instruments for Financial Services, in bringing this im- Chicano residents and organized new CSO unlawful Internet gambling, and for other portant bill to the floor today. This chapters across California and Arizona as purposes. The first reading of the bill shall rule we have before us today will give well. be dispensed with. General debate shall be the House the opportunity to consider

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.061 H10PT1 H5130 CONGRESSIONAL RECORD — HOUSE June 10, 2003 H.R. 2143 and three additional amend- tributed, in part, to the ease with For many of them because there are ments made in order under the rule. which they can gamble on the Internet, no exemptions from that, there are no In conclusion, Mr. Speaker, H. Res. where there are no enforceable restric- deductions, they pay the full thing no 263 is a structured rule that will give tions on age. matter how many children they have, the full House an opportunity to work Mr. Speaker, this bill is intended to no matter how many other expenses its will on the major issues it raises, help reduce the extent of existing ille- they have. For some of those people and I urge my colleagues to support gal Internet gambling in the United this is a larger percentage of their in- the rule so that we can move on to con- States; and I support it as it is pres- come paid in tax than is paid by many sideration of the underlying legisla- ently constituted, with hopes of con- wealthier people. That reduction will tion. tinuing revision. be further. Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of What this House says is, no, they get my time. my time. no relief out of this bill comparable to Mr. HASTINGS of Florida. Mr. Mr. LINDER. Mr. Speaker, I reserve what others get. It is unworthy of this Speaker, I yield myself such time as I the balance of my time. House to say that to these hardworking may consume. Mr. HASTINGS of Florida. Mr. people struggling to provide for their Mr. Speaker, first, let me thank the Speaker, I yield 3 minutes to my good children when the Republicans have gentleman from Georgia (Mr. LINDER) friend, the gentleman from Massachu- said, in the tax bill, this looks like $350 for yielding me this time. setts (Mr. FRANK). billion, but we are going to convert it The Unlawful Internet Gambling Mr. FRANK of Massachusetts. Mr. into hundreds of billions more. Funding Prohibition Act has the poten- Speaker, I am the ranking minority A bill is going to be introduced that tial to eradicate illegal Internet gam- member on the committee of jurisdic- would cost a total of $10 billion, or bling by disallowing merchants from tion, and I am pleased that we fore- would expend $10 billion; but it would accepting credit card, debit card, or stalled a suspension proposal here and be neutral revenue-wise to help these other bank-sanctioned transactions as that we do have a chance to debate low-income people. We are told we can- payment for online wagering. not do that. Mr. Speaker, because online gam- some of the amendments. I will talk about that bill in due time. When there was a parliamentary sit- bling has grave societal consequences, I uation that the President confronted, PARLIAMENTARY INQUIRY support this legislation that aims to and he was told he could only get $350 Mr. FRANK of Massachusetts. I did eradicate it. As the ‘‘crack cocaine’’ of billion in tax relief over the next 10 want to note today, though, and I guess gambling, Internet betting often leads years, he said that he did not think to severe personal and family hard- I may need the Parliamentarian, Mr. people should be for such a little bitty ships, including debt, bankruptcy, fore- Speaker. I know under our rules it is piece of tax relief. So $350 billion is a closed mortgages, and divorce. forbidden to speak ill of the Senate and little bitty. We are asking for a very Although I am pleased that three from time to time people get exas- small percentage of that little bitty for amendments were made in order, I find perated and they speak ill of the Sen- the poorest, hardest-working people in it especially disappointing and frus- ate and they are duly chided. this country. trating that the Pombo amendment But the question I have, Mr. Speaker, The Republican leadership, I can un- will not be debated today. is, is it permissible to speak well of the derstand in the core Republican philos- The gentleman from California (Mr. Senate? Is it within the rules to lavish ophy that they would say no to these POMBO) presented an amendment that on the Senate the praise they deserve people, but to refuse to allow the House would have treated Indian tribes on a for passing the child tax credit bill? of Representatives to vote on it seems par with State governments. The inter- The SPEAKER pro tempore. It is not to me unpardonable. We are just ask- ests of the Native American people, a in order to characterize the Senate in ing, okay, let it come to the floor. Let community that has been any way. us have a debate. Are they so afraid disenfranchised for all of their history, Mr. FRANK of Massachusetts. In any that their resistance to helping these should always be heard and, in this way. Well, I regret my inability to give low-income people is so out of sync case, should have been debated. credit where credit is due. I was hoping with the American people that they The price of Internet gambling can be that an example recently given would will not let it come forward? measured best in terms of the human be followed in this side of the Capitol; I hope we will see that bill on the costs. As we debate the pros and cons but I will abide by the rules, though as floor fairly soon. of this act, the most important ques- foolish as I think this particular rule Mr. LINDER. Mr. Speaker, I am tion we should be asking is, What does is, and not comment on the Senate. pleased to yield 3 minutes to the gen- Internet gambling cost our children, b 1515 tleman from New York (Mr. SWEENEY). and is this a price we are willing to Mr. SWEENEY. Mr. Speaker, I thank pay? I will, though, have to say that the the gentleman for yielding time to me. Mr. Speaker, we are debating a bill refusal of the Republican leadership in Mr. Speaker, I rise to actually speak that has the potential to stop the gam- the House to allow the House to vote on the underlying bill and the rule in bling with our future, because Internet on a proposal that would extend to support of both of those, and, as well, if gambling hurts children. I have learned hard-working, low-income people fi- I could take the opportunity to speak of one young man that racked up debts nancial relief after all of the financial against one of the amendments. of $70,000 and was kicked out of his relief we have given to people in the I am from New York’s 20th Congres- house because he was stealing from his upper brackets is truly distressing. sional District, the home of Saratoga, family, and of another teen who blew I know there has been an effort on New York. We like to say it is the his tuition and 3 days after his father the House floor to portray our interest home of horse racing. It certainly is repaid it, he withdrew from his courses, in providing a tax credit to people, and the home of the oldest flat track in the demanded a refund, and spent the re- let us be clear, we are talking about Nation, the proud home of Funny Cide, fund on gambling. Stories like these here people who work. They work very the winner of the Kentucky Derby and are innumerable. hard. They work at jobs that are not the Preakness. The American Psychiatric Associa- very pleasant, and that, by definition, While we are a little less jubilant tion is so concerned about the increase are not well paid. Many of them have today than we were, maybe, a couple of in youth gambling, primarily on the families. days ago, we are still very bullish on Internet, that it recently issued the It is true that because they work the whole idea and the whole horse rac- following statement: ‘‘In virtually all hard at jobs that this society has de- ing industry. studies of the rates of gambling prob- valued in many cases they do not pay I am also the cochairman of the Con- lems at various ages, high school and much or any income tax. They do, how- gressional Horse Caucus. I want to talk college-aged individuals show the high- ever, pay a significant percentage of a little bit about how important this est problem areas.’’ their income in taxes. They pay the So- rule is and this underlying bill is to The APA says the increase in prob- cial Security tax and the tax on Medi- horse racing and the horse racing in- lems among young people can be at- care. They pay the withholding tax. dustry. U.S. horse racing is regulated

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.068 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5131 by Federal and State laws. It is in fact are taxpaying families, Mr. Speaker, This is basically a new phenomenon. the most highly regulated form of en- who deserve tax relief. They have bills In 1997 it was first brought to our at- tertainment sports initiative in this to pay, mouths to feed, children to tention when groups came before the Nation. take care of. With the economy con- Congress and asked that we do some- The specific concerns expressed by tinuing its slide downward, they do not thing about it. At that time, there many in this Congress about offshore know where their jobs will be the week were about 24 sites offshore, and it is international wagering, the integrity after next. estimated at that time that anywhere of operators, the identity of the par- Let me be clear: as has been indi- from $50 million to $300 million being ticipants, consumer fraud, and money cated, these families do pay taxes. bet. laundering are not an issue as it re- They pay payroll taxes, sales taxes. In 2001, an Internet gambling bill was lates to horse racing. Horse racing is a They may not know week to week killed by this Congress, despite the $34 billion domestic industry, along whether their next paycheck is forth- urging of groups as diverse as Major with the agribusinesses that it sup- coming; but they know that if it does, League baseball, the NCAA, the NFL, ports. It is critically important not that 8 percent will come off the top on various faith-based groups, and the just to the economy of my district but the first dollar earned. AARP, because AARP represents a lot through vast regions throughout the So we should not be kind of lulled or of grandparents whose grandchildren Nation. fooled into thinking that these fami- are becoming addicted to gambling in The underlying bill respects existing lies do not pay any taxes, because they these sites, and they urged us to act. Federal and State gambling law. It pay a greater share of their income in In 2001, and again in 2002, this Con- does not make any unlawful gambling taxes than a corporation like Enron did gress began to argue not about illegal lawful; it does not make any lawful in 4 of the last 5 years. Just because Internet gambling, but they began to gambling unlawful. It does not override these families do not have a powerful attach amendments to this bill that any State prohibitions or require- lobby, we must be their lobby in this would make lawful gambling unlawful ments. It does not expand or contract institution. We must lobby for their or unlawful gambling lawful. Every- wagering. It simply maintains the sta- hard-earned money and not take it body wanted to improve their position. tus quo with respect to the underlying from them. Some Members wanted to eliminate substantive law on gaming. Before we consider bills like the certain types of lawful gambling. Oth- There will be an amendment later Internet gambling bill, this House ers wanted to create lawful exceptions today brought forward sponsored by should take up the other body’s child to what was illegal gambling in this the gentleman from Wisconsin (Mr. tax credit legislation. The White House country. These bills continued to go SENSENBRENNER), the gentleman from has said that the House should take up down. Today, we are not faced with a situa- Utah (Mr. CANNON), and the gentleman this bill, and if we do, that the Presi- tion where we have a half a dozen sites from New York (Mr. CONYERS) that dent will sign our bill. and maybe $10 million of gambling on would prohibit State license activities This is not a partisan issue; this is an these sites; we are faced with a situa- and represents a broad overuse and issue of values, of character. Each indi- tion where we have $6 billion a year bet abuse of Federal power. vidual, those of us who serve in this on these sites, $6 billion. That we I want to congratulate the gentleman marvelous institution, come here to do know. We also know that there are from Georgia (Mr. LINDER) for bringing the right thing. This reflects doing the somewhere between 1,500 and 2,000 sites this rule forward. I want to congratu- right thing, and also it reflects what offshore. our national character is all about. late the chairman of the Committee on What else do we know about these That is why, Mr. Speaker, though I Financial Services, the gentleman sites? We know that they are untaxed. support this underlying bill, I also sup- from Ohio (Mr. OXLEY), for recognizing Not one dime of tax is collected. We port the motion for the House to take the importance of this underlying leg- know they are unsupervised. In fact, from the Speaker’s table, agree to, and islation and how important, critically we do not know the identity of these pass the Senate amendment on the important, it is to vast areas through- people, except in two cases when the out the Nation. child tax credit. It is time the House FBI prosecuted them and found out. I want to ask my colleagues to sup- votes to extend the full $1,000 tax cred- The reason they prosecuted them is be- port both this rule and to support the it to the families of 12 million children, cause they were laundering money. We underlying legislation and oppose the just like 25 million other families in found out they were money-launderers. so-called Sensenbrenner-Cannon-Con- America. Quite simply, it is the right We do know, because the FBI has re- yers amendment. thing to do. We should meet that July ported it, that organized crime is heav- Mr. HASTINGS of Florida. Mr. 1 deadline when others will be getting ily invested in these sites, and they be- Speaker, I am privileged to yield 3 their tax cut. lieve that organized crime controls minutes to my friend, the gentlewoman Mr. LINDER. Mr. Speaker, I yield these sites. We know that. from Connecticut (Ms. DELAURO). such time as he may consume to the We know some other things about Ms. DELAURO. Mr. Speaker, I thank gentleman from Alabama (Mr. BACH- these people. We know they are not the gentleman for yielding time to me. US). good people. We know they link these Mr. Speaker, I rise to speak on this Mr. BACHUS. Mr. Speaker, I thank sites with pornographic sites, and we rule. This bill requires U.S. credit card the gentleman for yielding time to me. know some of these sites specifically companies and other financial entities Mr. Speaker, illegal Internet gam- target preteens. When they go on those to develop reasonable policies and pro- bling, that is something that many sites, they also get a pop-up that ex- cedures to identify and block financial Americans do not know much about. poses them to pornographic sites. We transactions made in connection with They have not heard much about it know that because various organiza- unlawful Internet gambling. until they look at their credit card and tions have come before us and over the Online gambling can have a severe there is $4,000 or $5,000 worth of charges last 3 years testified that our youth, impact on family life. It can be done on their credit card because their son our preteens, are being led into addict- anonymously easily from someone’s off at a university, or even their 14- ive gambling. home and requires little more than a year-old son, has gotten their card, The University of Connecticut, Har- computer and a credit card. We know gone in his bedroom, got on the Inter- vard University, The New York Times, the dangers of online gambling: lost net, and began to gamble. all of them have exposed this problem; savings, excessive debt, bankruptcies, Harvard University Medical School, but this Congress continues to take the foreclosed mortgages. the University of Connecticut, news- occasion when these bills come up to This is an important issue that we papers all over this country have try to have a turf fight on gambling. discuss today. Equally important as an looked at this problem. They estimate In fact, the gentleman from Utah issue is the restoration by the House of that as many as 5 million of our youth, (Mr. CANNON) will offer an amendment the child tax credit to 6.5 million fami- as well as compulsive, what they call which is another turf fight. Senators lies that have been in fact left behind, ‘‘pathological gamblers,’’ are gambling have said that if the Cannon amend- families of 12 million children which on the Internet today. ment is attached that this bill will be

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.070 H10PT1 H5132 CONGRESSIONAL RECORD — HOUSE June 10, 2003 killed in the Senate. So we again have called and said, I support this legisla- the tax cut. I was 1 of only 4 Democrats a choice to make: Do we want to con- tion. He was asked why. He said, I am to vote for it from day one, and I stand tinue to let this industry grow, a mob- a compulsive gambler. And he said, If I by that vote today. But by neglecting run industry? Do we want to continue have to go 50 miles or 100 miles to gam- to provide the child tax credit to the to not know who these people are? Do ble, I feel like I can keep that under low-income families, we have made a we want to continue, in the words of a control. But, he said, If it is in my drastic mistake. We need to correct professor at Harvard University, to home, if it is in my bedroom, if it is on that now. These are hardworking peo- allow what he calls the ‘‘crack cocaine my computer, I have a difficult time ple who pay taxes, too, and they de- of gambling’’ to take hold in America? handling that. That man was saying to serve relief like everyone else. Because of our actions, in Louisiana b 1530 us: Take action. In a few minutes we will get an op- 1 out of every 4 families is being told Do we want to continue to do that or portunity to do two things. We will get that their children are not as valuable do we want to vote down the Cannon an opportunity to do what the National as other kids. That is wrong. We have amendment and vote up this legisla- Governors Association, in a letter the power to easily correct that mis- tion? dated yesterday, has urged us to do. We take. Instead, we are playing games. One final thing that I would like to will do what the attorney generals, Now, last night I joined with the gen- remind this body. There is a trial that when they urged us, the Attorney Gen- tleman from Tennessee (Mr. TANNER) and the gentleman from Delaware (Mr. went on last week in Florida. Adrian erals Association usually says, hands CASTLE) to introduce an exact replica McPherson, Adrian McPherson was Mr. off, let the States handle it. But the of the Senate bill that has already Football in the State of Florida. He Attorney Generals Association has said passed. If they wanted, the House lead- was also Mr. Basketball in the State of do something about this, we cannot. ership could bring up our bill today and Florida. Imagine such a talent, both When the Methodists, the Pres- the best high school football player, we could send it to the President. byterians, the Southern Baptists, we The time for playing games is over. the best high school basketball player, received a letter, Focus on the Family and he went to Florida State Univer- We made a mistake and we need to cor- have written us, different faith-based rect that today so that all working sity. And what do we know from the groups; when even major league base- testimony last week? We know that he, families can receive the needed relief ball says there is a growing problem, it when the checks go out next month. and this is according to testimony, he is time to take action. If we do not, Mr. LINDER. Mr. Speaker, I reserve has not been convicted, but we know there will be other Adrian McPhersons. the balance of my time. this: We know he has been suspended There will be other lives ruined. There Mr. HASTINGS of Florida. Mr. from the team; not suspended, but he will be families broken up. There will Speaker, would the Speaker inform us has actually been thrown off the Flor- be children addicted to gambling. Be- of how much time remains on each ida State team. We know he has been cause if there is one thing these illegal side? accused of going in a business and Internet gamblers know is, they know The SPEAKER pro tempore (Mr. stealing checks from that business. We that our children are fascinated with DUNCAN). The gentleman from Florida know that he is accused of going to a and very literate on the computers. (Mr. HASTINGS) has 181⁄2 minutes re- grocery store and bouncing a number They use the computers. maining. The gentleman from Georgia of checks. We know that he is facing We have seen the statistics. The av- (Mr. LINDER) has 15 minutes remaining. time in jail. We know that if he is con- erage teenager is on the computer 20, Mr. HASTINGS of Florida. Mr. victed in the trial that he will be going 30 hours a week. We hear incredible Speaker, I yield 2 minutes to the gen- through in the next month or two, that numbers, and what do they enjoy doing tlewoman from California (Ms. WOOL- he will be banned from organized col- as much as anything? Sports. You com- SEY), my very good friend. lege athletics for life. bine the computer with sports and you Ms. WOOLSEY. Mr. Speaker, I thank And all because what? The accusa- get what the Harvard Medical School the gentleman for yielding me time. tions, the testimony is he became ad- said is an explosive, the crack cocaine, Mr. Speaker, I am going to speak against the rule, and it is not because dicted to Internet gambling, and he as I said earlier, of gambling. Let us I am against the underlying bill. It is had massive debts and that is why he take action before any more lives are because, Mr. Speaker, hardworking went out and stole these checks. But ruined. We have had suicides. We have families need a break more than any- that young man and his family have had at least five suicides. one else in this country and hard- been devastated. Florida State Univer- Let us take action. Let us vote down working families are the ones that are sity has spent over a million dollars in- these killer amendments and let us bearing the brunt of this weak econ- vestigating this case. vote up this legislation, and let us fi- What if 3 years ago this Congress had omy. But for some reason the Repub- nally take action. licans leadership feels that the privi- quit fooling with these turf battle Can- Mr. HASTINGS of Florida. Mr. non-type amendments and adopted this leged few are more important than the Speaker, I yield 2 minutes to the gen- 12 million children who are left out of legislation? I wonder if this young man tleman from Louisiana (Mr. ALEX- the Republican tax cut and that Inter- would be taking the field for Florida ANDER), a new Member, new in the net gambling is more important to dis- State? I wonder if we had listened to sense that this is his first term; how- cuss today than our children. And that the NCAA when they testified before ever, he has distinguished himself in is just plain wrong. our committee 3 years ago when they many ways among freshmen and all of Voices across the country are speak- said, please take action, do something; us. ing out in great numbers. It is over- when the NCAA warned us 2 years ago Mr. ALEXANDER. Mr. Speaker, I whelming what we are hearing in our in testimony that we are going to have rise today in opposition to the rule and offices. And it must be overwhelming a scandal one day because illegal Inter- I have a motion to the House to take what the administration is hearing net gambling is making it very dif- from the Speaker’s table and pass the about supporting increasing the child ficult for us to protect the integrity, Senate amendment to the Child Tax tax credit and making it permanent, the integrity of this sport. Credit. especially for those 12 million children There was one Gallup poll which said This body continues to refuse to ad- who were left out of the recent tax that 25 percent of college athletes dress the problem that we have cre- package, because President Bush is fi- today are betting on the Internet on ated. Extending the child tax credit to nally urging the House to follow suit sports, and most of those are betting low-income working families is the with the other body, saying that he on their own teams, and almost all of right thing to do, and we should do it wants to sign legislation that will re- them were betting on college sports. today. The Senate has already passed store tax credits for lower-income fam- What are we going to do? Are we going and the President is calling for it now. ilies and put the majority party’s bad to continue to stand by while families Now, I have heard people say that decision behind him. are broken apart? those who did not vote for the tax cut Why is the Republican leadership in This morning I was on C–SPAN and should not be complaining about the the House dragging its feet when we when I got off, a man from Georgia way it turned out. Well, I supported can help American families now?

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.072 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5133 Let us hold off on debating issues, And I have a quote of the gentleman This bill does not treat solvent tribe even though we agree with them, like from Texas (Mr. DELAY), ‘‘What we are governments with the same level of re- the underlying bill we are talking interested in is real solid tax relief for spect it does States. Section four of about, Internet gambling. Let us hold those who are paying taxes,’’ he said. this bill provides for a carve-out for off on those issues until all working So the gentleman from Texas (Mr. States that allows States to license families are provided the benefits of DELAY), on behalf of the House leader- Internet gaming operations for lottery, the child tax credit. And at the same ship, continues to stop the child tax horse track, and corporate gambling time, Mr. Speaker, while it is impera- credit from becoming law for these 12 operations. tive that we swiftly extend the child million working families. Although the bill grants States with tax credit to lower-income families, it Now, let me point out that these this exception, it does not provide trib- absolutely should not be part of a workers do pay Federal taxes; 7.65 per- al governments with the same excep- broad package that extends even more cent of their earnings go to pay for So- tion. Have we not learned that it is benefits to the wealthy. cial Security and Medicare. These wrong to treat our Native American We must pass a clean bill that solves hardworking parents also pay State brothers and sisters as second class the injustice that has been done to and local taxes as well. An analysis re- citizens? One would think that we these hardworking families. Our pri- leased earlier this year by the New would know better. ority must be the 12 million forgotten York Times found that families pay 14 Let me be clear, I will not be stand- children, not more tax breaks for the percent of their income. ing here today in opposition to this bill rich, not debate about Internet gam- These people pay taxes and they de- if tribal governments were treated bling, not anything except giving the serve the child tax credit, too. Pass the equal, if tribal governments were treat- tax breaks to those hardworking fami- bill. ed equal. lies. Mr. LINDER. Mr. Speaker, I reserve I do not disagree with the principle Mr. LINDER. Mr. Speaker, I reserve the balance of my time. behind this legislation, but I disagree the balance of my time. Mr. HASTINGS of Florida. Mr. with the effects on Native Americans Mr. HASTINGS of Florida. Mr. Speaker, I yield 2 minutes to the gen- and their economy. H.R. 2143 gives an Speaker, I yield 2 minutes to the gentlewoman from Oregon (Ms. HOOLEY), unfair advantage to private gaming en- tleman from New Jersey (Mr. my good friend. terprises, and it treats tribal govern- PALLONE), my good friend. Ms. HOOLEY of Oregon. Mr. Speaker, ments and their industry as inferior. Mr. PALLONE. Mr. Speaker, I rise in I support the Unlawful Internet Gam- Just when we think that the cen- opposition to this rule, not only be- bling Funding Prohibition Act. turies of mistreatment and discrimina- cause I believe the House should finally Online gambling has a huge impact tion are ending, something like this address the child tax credit, but also on individuals and families. But I am comes up or shows up. Once again, Con- gress is trying to put tribal govern- because the Committee on Rules re- not supporting the rule because we ment at a disadvantage. Once again, fused to include an amendment by the have not been able to bring up the child tax credit. I went to the Rose Congress is trying to put tribal govern- gentleman from California (Mr. POMBO) ment at a disadvantage; and once to allow American Indian tribes to op- Garden today for the celebration of again, I will stand up and defend the erate Internet gambling sites on their Leave No Child Behind. And they were sovereignty of our tribal governments. reservations, the very action the over- celebrating all of the States having I will stand up and make sure that our all bill gives to the States. Without the plans and about what they were going government lives up to its responsi- inclusion of this amendment, Indian to do about education and how they were going to move forward. And I sup- bility, lives up to their responsibility. tribes are unfairly singled out and can- Gaming provides the financial re- not reap the same benefits States will ported that plan. But today we are leaving children be- sources the tribes need to survive and receive if this legislation becomes law. hind, 12 million children. These are bring economic development to their Mr. Speaker, I join my Democratic children whose parents earn $6, $7, $8, people. It provides resources. The trib- colleagues in calling on the Republican $9, $10, $11, $12 an hour. These are peo- al governments need to provide health, leadership to follow the Senate’s lead ple that get up every morning, every education and hope for their people. It and immediately approve legislation noon, every afternoon, whatever their is the livelihood of our Native Amer- that will provide a child tax credit to shift is. They go out and work hard, ican brothers and sisters. 12 million children, children Repub- and yet they were denied the child tax I will not stand by and watch Con- licans left out of their bill last month. credit. gress put tribes behind the eight ball Included among these 12 million chil- once again. dren are the children of U.S. military b 1545 I urge my colleagues to vote ‘‘no’’ on families. It is time that we change that. The H.R. 2143 and ‘‘yes’’ on the Sensen- A report out last week showed nearly time is now. When I saw the quote from brenner amendment. 1 in 5 children of active duty U.S. mili- the gentleman from Texas (Mr. DELAY) Mr. HASTINGS of Florida. Mr. tary families will not benefit from the that said there are a lot of other things Speaker, I am pleased to yield 3 min- increased tax credit because their par- that are more important than that, re- utes to the gentleman from Ohio (Mr. ents earn too little to qualify. ferring to the child tax credit, I wanted BROWN), my classmate and good friend, Mr. Speaker, it appears the only Re- to say to the gentleman, say it isn’t so, former Secretary of State of the State publicans who do not fully comprehend say it isn’t so. We need to pass this and of Ohio. the huge mistake they made in their get on with our business. Mr. BROWN of Ohio. Mr. Speaker, I tax bill are my Republican colleagues Mr. HASTINGS of Florida. Mr. thank my friend from Florida for yield- here in the House. Last week the Sen- Speaker, I yield 3 minutes to my good ing time to me. ate passed a bill. Yesterday the Presi- friend, the gentleman from California Mr. Speaker, I urge my colleagues to dent’s press secretary said his advice to (Mr. BACA). vote ‘‘no’’ on the previous question so the House Republicans is to pass it, to (Mr. BACA asked and was given per- we can take the Senate tax bill off the send it to him so he can sign it. And mission to revise and extend his re- Speaker’s table for immediate consid- yet House Republicans continue to marks.) eration. fight against common fairness. Mr. BACA. Mr. Speaker, I rise in op- On May 22, this House passed a bill Just today in an AP story that I will position to this unlawful Internet fund- that gives a tax break of $93,500 to the quote, the gentleman from Texas (Mr. ing prohibition act and in support of average millionaire in our country. As DELAY) said, it ‘‘ain’t going to hap- the Sensenbrenner-Conyers amend- Republicans rushed towards the Memo- pen.’’ ment. rial Day recess, Vice President CHENEY ‘‘DeLay said the House will not pass I oppose this bill as a strong defender cut a deal that left working, tax paying the Senate’s bill. Instead, it will use of tribal government, a strong advo- families out of the child tax credit ex- the child tax credit as a bargaining cate for tribal sovereignty, a strong be- pansion. That is right, $93,500 for mil- chip to encourage the Senate to pass liever in fairness and equity. I state, a lionaires, not one cent to working bigger tax cuts favored by the House.’’ strong believer in fairness and equity. lower-income families.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.074 H10PT1 H5134 CONGRESSIONAL RECORD — HOUSE June 10, 2003 As the tax bill advanced in the (Mr. HASTINGS of Florida asked and By not passing a child tax credit, 250,000 House, I joined my colleagues and sent was given permission to revise and ex- kids of active duty military families, many of out three Dear Colleagues alerting tend his remarks.) whom are right now fighting overseas, will be Members of all parties to the fact that Mr. HASTINGS of Florida. Mr. ignored. Military families need tax relief. it left low-income, working, tax-paying Speaker, if the previous question is de- Our economy is in desperate need of stimu- families out in the cold by denying feated, I will offer an amendment to lation. Unemployment across the Nation has them marriage penalty relief under the the rule; and my amendment will pro- risen to 6.1 percent. The Hispanic unemploy- earned income tax credit. vide that as soon as the House passes ment rate alone is currently at 8.2 percent. Republicans knew they were making this rule, it will take from the Speak- America’s families are suffering. They need low-income Americans wait years for er’s table and immediately consider immediate relief from the burden of a weak the same benefit that they would offer the Senate-passed version of H.R. 1308, economy. more affluent families right now. Re- which restores the refundable child tax During this time of economic downturn we publicans of the House knew that their credit that was removed from the re- must not leave out those who are working leadership and knew that the Bush cently passed Republican tax bill. harder for less pay or those who have recently White House had stuck it to low-in- Let me make very clear to my col- joined the ranks of the unemployed. It is time come families again by denying them leagues in the House that a ‘‘no’’ vote to put working families back into the equation. relief under the child tax credit, $93,500 on the previous question will not stop America’s families need our help. They need to millionaires and not one cent to consideration of the Unlawful Internet a child tax credit. lower-income working families. Repub- Gambling Funding Prohibition Act. A The material previously referred to licans knew that the bill they sup- ‘‘no’’ vote will allow the House to vote by Mr. HASTINGS of Florida is as fol- ported offered that $93,000 to million- on H.R. 2143 and on the Senate-passed lows: aires and was a slap in the face to mil- version of H.R. 1308 as well. However, a PREVIOUS QUESTION FOR H. RES. 263—RULE ON lions of tax-paying, working American ‘‘yes’’ vote on the previous question H.R. 2143: THE UNLAWFUL INTERNET GAM- families. will prevent the House from voting on BLING PROHIBITION ACT Democrats believe simple fairness de- this badly needed tax package to pro- At the end of the resolution add the fol- mands that we act immediately to vide real relief to America’s working lowing: remedy the injustice; but the majority families. SEC. 2. Immediately upon adoption of this leader of the House, the gentleman I urge a ‘‘no’’ vote on the previous resolution the House shall be considered to question so we can send this bill to the have taken from the Speaker’s table the bill from Texas (Mr. DELAY), says we will (H.R. 1308) to amend the Internal Revenue not do it, not while he is the Repub- President today. Mr. Speaker, I ask unanimous con- Code of 1986 to end certain abusive tax prac- lican leader. He says there are a lot of tices, to provide tax relief and simplifica- other things that are more important sent that the text of the amendment tion, and for other purposes, with Senate than that. The majority whip, the gen- and a description of the amendment be amendments thereto, and a single motion printed in the RECORD immediately be- tleman from Missouri (Mr. BLUNT), that the House concur in each of the Senate says we do not need to rush through fore the vote on the previous question. amendments shall be considered as pending this. Remember, $93,500 for million- The SPEAKER pro tempore (Mr. without intervention of any point of order. DUNCAN). Is there objection to the re- The Senate amendments and the motion aires, not a cent for lower-income shall be considered as read. The motion shall working families. quest of the gentleman from Florida? There was no objection. be debatable for one hour equally divided and We had to rush to give millionaires Mr. HASTINGS of Florida. Mr. controlled by the chairman and ranking minority member of the Committee on Ways this $90,000 tax break; but when it Speaker, I yield back the balance of comes to tax breaks for working tax- and Means. The previous question shall be my time. considered as ordered on the motion to final paying families, Republicans need time Mr. LINDER. Mr. Speaker, I yield to think it over. While Republicans adoption without intervening motion or de- myself such time as I may consume. mand for division of the question. have left working families out in the I would just like to point out in the cold by refusing to advance tax fairness Mr. LINDER. Mr. Speaker, I yield light of the conversations we have back the balance of my time, and I legislation, they have moved on other heard today that by definition a tax bills. move the previous question on the res- credit is a credit against income taxes olution. For example, since that May 22 date, paid. People who are left out sup- since Republicans were rushing out of The SPEAKER pro tempore. The posedly were people who do not pay in- question is on ordering the previous town for the Memorial Day recess, Con- come taxes and do not get a credit be- gress has renamed Federal buildings question. cause there is no place against which The question was taken; and the and post offices, congratulated baseball to lay that credit. I am sorry that we star Sammy Sosa, commemorated the Speaker pro tempore announced that are turning the income tax system into the ayes appeared to have it. 20th anniversary of National Tourism a welfare program, but it appears that Week, and made it easier to clear bank Mr. HASTINGS of Florida. Mr. we are about to do that. Speaker, I object to the vote on the checks. There is nothing wrong for any Mr. BACA. Mr. Speaker, I rise to urge my of those bills. I voted for all of them. ground that a quorum is not present colleagues to defeat the previous question. and make the point of order that a But was any of them more important Defeating the previous question allows us to than helping 12 million children who quorum is not present. discuss H.R. 2286 introduced by Congress- The SPEAKER pro tempore. Evi- were intentionally left behind by the man RANGEL to grant the Child Tax Credit to Bush-Cheney-DeLay-GOP tax bill? Was dently a quorum is not present. the thousands of needy families wrongfully ig- The Sergeant at Arms will notify ab- any one of them more important, any nored by the Republican majority. of those pieces of legislation more im- sent Members. When the conference report on the Repub- Pursuant to clause 9 of rule XX, the portant than helping 3.7 million work- lican tax cut was finished, the dividend tax cut ing, low-income, tax-paying families Chair will reduce to 5 minutes the min- got bigger and tax credits for working families imum time for electronic voting, if or- whose marriages this House said were got smaller. It is unconscionable that we are not worth as much as the marriage of dered, on the question of adoption of willing to sacrifice Child Tax Credits for the the resolution. their bosses? Not by a long shot, not in poorest in our society, so that we can give The vote was taken by electronic de- the wake of a tax bill that gives $93,000 more money to the wealthiest. vice, and there were—yeas 222, nays to millionaires, not one cent to tax- Six and a half million families in this Nation 196, not voting 16, as follows: paying working families. earn $10,500 to $26,625 per year. If we do Vote ‘‘no’’ on the previous question not pass a child tax credit for these families, [Roll No. 252] so we can take the Senate tax bill off 19 million children will be ignored. In my home YEAS—222 the Speaker’s table. State of California, nearly 1.3 million families Aderholt Barrett (SC) Bereuter Mr. HASTINGS of Florida. Mr. alone, will not receive a child tax credit under Akin Bartlett (MD) Biggert Bachus Barton (TX) Bilirakis Speaker, I yield myself such time as I the Republican’s plan. These families need tax Baker Bass Bishop (UT) may consume. relief. Ballenger Beauprez Blackburn

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.077 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5135 Blunt Greenwood Pence Jackson (IL) Meek (FL) Sanchez, Loretta Cantor Hoekstra Petri Boehlert Gutknecht Peterson (PA) Jackson-Lee Meeks (NY) Sanders Capito Hostettler Pickering Boehner Harris Petri (TX) Menendez Sandlin Cardin Hulshof Pitts Bonilla Hart Pickering Jefferson Michaud Schakowsky Cardoza Hunter Platts Bonner Hastings (WA) Pitts John Millender- Schiff Carter Hyde Pombo Bono Hayes Platts Johnson, E. B. McDonald Scott (GA) Case Isakson Porter Boozman Hayworth Pombo Jones (OH) Miller (NC) Scott (VA) Castle Israel Portman Bradley (NH) Hefley Porter Kanjorski Miller, George Serrano Chabot Issa Pryce (OH) Kaptur Mollohan Brady (TX) Hensarling Portman Sherman Chocola Istook Putnam Kennedy (RI) Moore Brown (SC) Hobson Pryce (OH) Skelton Coble Jackson-Lee Quinn Kildee Brown-Waite, Hoekstra Putnam Moran (VA) Collins (TX) Radanovich Kilpatrick Murtha Slaughter Ginny Hostettler Quinn Cox Janklow Ramstad Kind Nadler Snyder Burgess Hulshof Radanovich Cramer Jefferson Regula Kleczka Napolitano Solis Burns Hunter Ramstad Crane Johnson (CT) Rehberg Burr Hyde Kucinich Neal (MA) Spratt Regula Crenshaw Johnson (IL) Renzi Burton (IN) Isakson Lampson Oberstar Stark Crowley Johnson, Sam Reynolds Rehberg Buyer Issa Langevin Obey Stenholm Cubin Jones (NC) Rogers (AL) Renzi Calvert Istook Larsen (WA) Olver Strickland Culberson Keller Rogers (KY) Reynolds Camp Janklow Lee Ortiz Stupak Cunningham Kelly Rogers (MI) Rogers (AL) Cannon Jenkins Levin Owens Tanner Davis (AL) Kennedy (MN) Rohrabacher Rogers (KY) Cantor Johnson (CT) Lewis (GA) Pallone Tauscher Davis (CA) King (IA) Ros-Lehtinen Rogers (MI) Capito Johnson (IL) Lipinski Pascrell Taylor (MS) Davis, Jo Ann King (NY) Ross Rohrabacher Carter Johnson, Sam Lofgren Pastor Thompson (CA) Davis, Tom Kingston Royce Ros-Lehtinen Castle Jones (NC) Lowey Payne Thompson (MS) Deal (GA) Kirk Ruppersberger Chabot Keller Royce Lucas (KY) Pelosi Towns DeMint Kline Ryan (WI) Ryan (WI) Chocola Kelly Lynch Peterson (MN) Turner (TX) Deutsch Knollenberg Ryun (KS) Ryun (KS) Majette Coble Kennedy (MN) Pomeroy Udall (CO) Diaz-Balart, L. Kolbe Sandlin Saxton Maloney Price (NC) Collins King (IA) Udall (NM) Diaz-Balart, M. LaHood Saxton Schrock Markey Rahall Cox King (NY) Van Hollen Dooley (CA) Latham Schrock Crane Kingston Sensenbrenner Marshall Rangel Velazquez Doolittle LaTourette Sensenbrenner Crenshaw Kirk Sessions Matheson Reyes Dreier Leach Sessions Matsui Rodriguez Visclosky Cubin Kline Shadegg Duncan Lewis (CA) Shadegg McCarthy (MO) Ross Watson Culberson Knollenberg Shaw Dunn Lewis (KY) Shaw McCarthy (NY) Rothman Watt Cunningham Kolbe Shays Edwards Linder Shays McCollum Roybal-Allard Waxman Davis, Jo Ann LaHood Sherwood Ehlers LoBiondo Sherwood McDermott Ruppersberger Weiner Davis, Tom Latham Shimkus Emerson Lucas (KY) Shimkus McGovern Ryan (OH) Wexler Deal (GA) LaTourette Shuster English Lucas (OK) Shuster McIntyre Sabo Woolsey DeLay Leach Simmons Everett Manzullo Simmons McNulty Sanchez, Linda Wu DeMint Lewis (CA) Simpson Feeney Marshall Simpson Meehan T. Wynn Diaz-Balart, L. Lewis (KY) Smith (MI) Ferguson Matheson Skelton Diaz-Balart, M. Linder Smith (NJ) NOT VOTING—16 Flake McCarthy (NY) Smith (MI) Doolittle LoBiondo Smith (TX) Foley McCotter Smith (NJ) Cole Herger Tierney Dreier Lucas (OK) Souder Forbes McCrery Smith (TX) DeGette Houghton Duncan Manzullo Stearns Toomey Fossella McHugh Souder Eshoo Lantos Dunn McCotter Sullivan Waters Franks (AZ) McInnis Stearns Fletcher Larson (CT) Ehlers McCrery Sweeney Young (FL) Frelinghuysen McIntyre Stenholm Gephardt Rush Emerson McHugh Tancredo Gallegly McKeon Sullivan Gordon Smith (WA) English McInnis Tauzin Garrett (NJ) Mica Sweeney Everett McKeon Taylor (NC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gerlach Michaud Tancredo Feeney Mica Terry Gibbons Miller (FL) Tanner Ferguson Miller (FL) The SPEAKER pro tempore (Mr. Thomas Gilchrest Miller (MI) Tauzin Flake Miller (MI) DUNCAN) (during the vote). Members Thornberry Gillmor Miller, Gary Taylor (NC) Foley Miller, Gary Tiahrt are advised 2 minutes remain in this Gingrey Moran (KS) Terry Forbes Moran (KS) Goode Moran (VA) Thomas Fossella Murphy Tiberi vote. Turner (OH) Goodlatte Murphy Thornberry Franks (AZ) Musgrave Goss Musgrave Tiahrt Frelinghuysen Myrick Upton Vitter b 1615 Granger Myrick Tiberi Gallegly Nethercutt Graves Nethercutt Turner (OH) Garrett (NJ) Neugebauer Walden (OR) Messrs. MARSHALL, WEINER, Walsh Green (WI) Neugebauer Turner (TX) Gerlach Ney SCOTT of Georgia and RODRIQUEZ Greenwood Ney Upton Wamp Gibbons Northup Gutknecht Northup Vitter Weldon (FL) changed their vote from ‘‘yea’’ to Gilchrest Norwood Hall Norwood Walden (OR) Weldon (PA) ‘‘nay.’’ Gillmor Nunes Harman Nunes Walsh Weller So the previous question was ordered. Gingrey Nussle Harris Nussle Wamp Whitfield Goode Osborne The result of the vote was announced Hart Ortiz Weldon (FL) Goodlatte Ose Wicker as above recorded. Hastings (WA) Osborne Weldon (PA) Goss Otter Wilson (NM) The SPEAKER pro tempore. The Hayes Ose Weller Granger Oxley Wilson (SC) Hayworth Otter Whitfield Graves Paul Wolf question is on the resolution. The question was taken; and the Hefley Oxley Wicker Green (WI) Pearce Young (AK) Hensarling Pascrell Wilson (NM) Speaker pro tempore announced that Herger Paul Wilson (SC) NAYS—196 the ayes appeared to have it. Hill Pearce Wolf Abercrombie Carson (IN) Engel RECORDED VOTE Hinojosa Pence Wu Ackerman Carson (OK) Etheridge Mr. HASTINGS of Florida. Mr. Hobson Peterson (PA) Young (AK) Alexander Case Evans Allen Clay Farr Speaker, I demand a recorded vote. NOES—158 A recorded vote was ordered. Andrews Clyburn Fattah Abercrombie Clay Fattah Baca Conyers Filner The SPEAKER pro tempore. This Ackerman Clyburn Filner Baird Cooper Ford will be a 5-minute vote. Alexander Conyers Ford Baldwin Costello Frank (MA) The vote was taken by electronic de- Allen Cooper Frank (MA) Ballance Cramer Frost vice, and there were—ayes 259, noes 158, Andrews Costello Frost Becerra Crowley Gonzalez Baca Cummings Gonzalez Bell Cummings Green (TX) not voting 17, as follows: Baird Davis (FL) Green (TX) Berkley Davis (AL) Grijalva [Roll No. 253] Baldwin Davis (IL) Grijalva Berman Davis (CA) Gutierrez AYES—259 Ballance Davis (TN) Gutierrez Berry Davis (FL) Hall Becerra DeFazio Hastings (FL) Bishop (GA) Davis (IL) Harman Aderholt Bilirakis Bradley (NH) Bell DeGette Hinchey Bishop (NY) Davis (TN) Hastings (FL) Akin Bishop (GA) Brady (TX) Berkley Delahunt Hoeffel Blumenauer DeFazio Hill Bachus Bishop (UT) Brown (SC) Berman DeLauro Holden Boswell Delahunt Hinchey Baker Blackburn Brown-Waite, Bishop (NY) Dicks Holt Boucher DeLauro Hinojosa Ballenger Blunt Ginny Blumenauer Dingell Honda Boyd Deutsch Hoeffel Barrett (SC) Boehlert Burgess Boucher Doggett Hooley (OR) Brady (PA) Dicks Holden Bartlett (MD) Boehner Burns Brady (PA) Doyle Hoyer Brown (OH) Dingell Holt Barton (TX) Bonilla Burr Brown (OH) Emanuel Inslee Brown, Corrine Doggett Honda Bass Bonner Burton (IN) Brown, Corrine Engel Jackson (IL) Capps Dooley (CA) Hooley (OR) Beauprez Bono Buyer Capps Etheridge John Capuano Doyle Hoyer Bereuter Boozman Calvert Capuano Evans Johnson, E. B. Cardin Edwards Inslee Berry Boswell Camp Carson (IN) Farr Jones (OH) Cardoza Emanuel Israel Biggert Boyd Cannon

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.066 H10PT1 H5136 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Kanjorski Millender- Sanders b 1625 pear on the surface to be good but what Kaptur McDonald Schakowsky will in essence bring down this bill and Kennedy (RI) Miller (NC) Schiff IN THE COMMITTEE OF THE WHOLE Kildee Miller, George Scott (GA) Accordingly, the House resolved thereby mean that Internet gambling Kilpatrick Mollohan Scott (VA) itself into the Committee of the Whole will never be controlled. Five to 7 per- Moore Kind Serrano House on the State of the Union for the cent of the young people in our country Kleczka Murtha Sherman are addicted to gambling. Kucinich Nadler Slaughter consideration of the bill (H.R. 2143) to Lampson Napolitano Snyder prevent the use of certain bank instru- b 1630 Langevin Neal (MA) Solis Oberstar ments for unlawful Internet gambling, Larsen (WA) Spratt As Internet gambling becomes easier Obey and for other purposes, with Mr. TERRY Lee Stark and easier, that addiction rate goes up. Olver Levin Strickland in the chair. So I hope Members will oppose the Owens Lewis (GA) Stupak The Clerk read the title of the bill. Pallone amendments that will really bring the Lipinski Tauscher Pastor The CHAIRMAN. Pursuant to the bill down, and on final passage do Lofgren Taylor (MS) Payne rule, the bill is considered as having something to help this country, to help Lowey Pelosi Thompson (CA) Lynch Thompson (MS) been read the first time. the young people, to get control of it, Peterson (MN) Under the rule, the gentleman from Majette Pomeroy Towns to get control and regulate Internet Maloney Price (NC) Udall (CO) Alabama (Mr. BACHUS) and the gentle- gambling. Markey Rahall Udall (NM) woman from Oregon (Ms. HOOLEY) each Matsui Van Hollen Mr. Chairman, I rise in support of H.R. Rangel will control 30 minutes. 2143, the Unlawful Internet Gambling Funding McCarthy (MO) Reyes Velazquez The Chair recognizes the gentleman McCollum Rodriguez Visclosky Prohibition Act, legislation needed to prevent McDermott Rothman Watson from Alabama (Mr. BACHUS). the use of credit cards, checks, or electronic McGovern Roybal-Allard Watt Mr. BACHUS. Mr. Chairman, I yield funds transfers for unlawful Internet gambling. McNulty Ryan (OH) Waxman such time as he may consume to the Meehan Weiner It will be of vital assistance in curbing illegal Sabo gentleman from Virginia (Mr. WOLF). Meek (FL) Sanchez, Linda Wexler Internet gambling. Meeks (NY) T. Woolsey (Mr. WOLF asked and was given per- This legislation states in the findings section Menendez Sanchez, Loretta Wynn mission to revise and extend his re- that: ‘‘the National Gambling Impact Study NOT VOTING—17 marks.) Commission in 1999 recommended the pas- Mr. WOLF. Mr. Chairman, I rise in sage of legislation to prohibit wire transfers to Carson (OK) Gordon Smith (WA) strong support of this bill today. There Cole Houghton Tierney Internet gambling sites or the banks which DeLay Jenkins Toomey are going to be several amendments of- represent them.’’ Eshoo Lantos Waters fered. One amendment will be offered As the author of the legislation which estab- Fletcher Larson (CT) Young (FL) as if it is an antigambling amendment. Gephardt Rush lished the commission, I am pleased to see In essence, the amendment will actu- that one of its most important recommenda- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ally bring this bill down. Fifteen years tions may indeed become law. The spread of The SPEAKER pro tempore (Mr. ago, there was gambling in two States, Internet gambling means that people can now DUNCAN) (during the vote). Members Nevada and New Jersey. Once we in gamble at the workplace and their homes, are advised that there are 2 minutes re- this country moved to what we call around the clock. The unchecked progress of maining in this vote. convenience gambling, we have seen an Internet gambling must be curbed. increase in crime, corruption, domestic b 1623 The National Gambling Impact Study Com- violence, physical abuse, and many mission report went on to state that gambling Ms. CORRINE BROWN of Florida other bad things that we Republicans can breed bankruptcy, divorce, domestic vio- changed her vote from ‘‘aye’’ to ‘‘no.’’ and Democrats do not want to see. The lence, and physical and emotional problems. So the resolution was agreed to. ultimate in what is called ‘‘conven- Even suicide has been linked to gambling. The result of the vote was announced ience gambling,’’ meaning that you do Often times, even school-aged children—who as above recorded. not have to go very far to gamble, is have never gambled before—are lured into A motion to reconsider was laid on Internet gambling where you can sit in on-line gambling. the table. your own family room in your bathrobe H.R. 2143 will establish an enforcement f on a rainy weekend and literally go structure that will let federal regulators set up broke in about 24 hours. regulations which will limit the acceptance of PERSONAL EXPLANATION There will be an amendment offered bank instruments such as credit cards for use Mr. COLE. Mr. Speaker, on June 10, 2003 that will be sort of viewed as maybe in illegal Internet gambling, reducing the for rollcall votes 252 and 253, I was unavoid- some of the pro-family groups are for chance for gambling to gain a further foothold ably detained. If I had been present, on rollcall it. Let me say I have a letter to the in our society. vote No. 252, I would have voted ‘‘yea.’’ On gentleman from Alabama signed by the Before I close, let me share with you a rollcall vote No. 253, I would have voted Christian Coalition, Concerned Women story. Donna Kelly, a mother of a 12-year-old ‘‘yea.’’ for America, the Family Research daughter and a 7-year-old son developed a Council, the General Board of Church gambling problem. At one time there were 13 f and Society of the United Methodist warrants for her arrest for writing bad checks. GENERAL LEAVE Church, and the National Council of Gambling had so wrecked her life that she Churches, the National Council of saw only one option: suicide. Two days before Mr. BACHUS. Mr. Speaker, I ask Churches headed by former Democratic Thanksgiving, she tried to kill herself. She unanimous consent that all Members Congressman Bob Edgar who served failed, and was placed in a mental hospital. may have 5 legislative days to revise here for many years. Mrs. Kelly spent Thanksgiving in a mental and extend their remarks and include I would ask you, do not support the hospital because of her gambling problem. extraneous material on H.R. 2143. amendments that will weaken this bill. Her daughter asked her afterwards, The SPEAKER pro tempore. Is there Internet gambling is beginning to be ‘‘Momma, why did you try to kill yourself? Do objection to the request of the gen- very corrosive in our society. We have you not love me anymore?’’ This is the human tleman from Alabama? a chance to deal with Internet gam- dimension to gambling. This story illustrates There was no objection. bling in the Bachus bill that the gen- why it is so important to vote for this bill. f tleman from Ohio (Mr. OXLEY) and When you cast your vote today, remember the other Members of the House have put many lives ruined by gambling, and remember UNLAWFUL INTERNET GAMBLING forth. I rise in strong support of the the family members left devastated by their FUNDING PROHIBITION ACT bill. I think this is an opportunity to loved ones gambling activities. The SPEAKER pro tempore. Pursu- get control of Internet gambling and to Internet gambling is a vast and growing en- ant to House Resolution 263 and rule do it in a way that is constructive and terprise which can serve as an avenue for XVIII, the Chair declares the House in positive. money launders and terrorist funding. Gam- the Committee of the Whole House on I ask my colleagues, one, support the bling also involves great social costs. This bill the State of the Union for the consider- bill on final passage; but, lastly, do not will reduce access to the medium of the Inter- ation of the bill, H.R. 2143. support any amendments that may ap- net as another forum for inducing people to

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.067 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5137 gamble. I urge Members to vote for this legis- the gentleman from Alabama (Mr. organized crime and terrorist organiza- lation. BACHUS) for all of the hard work he has tions. Hon. SPENCER BACHUS, done on this particular piece of legisla- Now is the time to close the loophole House of Representatives, Financial Services tion, for working with me and the rest that allows illegal Internet gambling Committee Member, Washington, DC. of the subcommittee. to still exist in the United States. DEAR REPRESENTATIVE BACHUS: As a di- This bill is really about enforcing Mr. Chairman, I reserve the balance verse bipartisan coalition of family and what is already illegal activity. I have of my time. faith-based organizations, we are very con- Mr. BACHUS. Mr. Chairman, I am cerned with the effects of gambling on our had several people come up to me and society and the well-being of young people say, well, what does this bill really do? happy to yield 1 minute to the gen- and families. We write to strongly support What this bill really does, it takes tleman from Ohio (Mr. PORTMAN). I un- the passage of H.R. 2143, To Prevent the Use what is already illegal, it makes noth- derstand he has an inquiry about this of Certain Bank Instruments for Unlawful ing more illegal or nothing less illegal, legislation. Internet Gambling, and for Other Purposes. it takes what is already illegal and Mr. PORTMAN. Mr. Chairman, I Internet Gambling is already against the law tries to enforce that law. thank the gentleman for yielding me in all 50 states, yet offshore gambling inter- Furthermore, I would like to thank time. ests continue to operate without any ac- Mr. Chairman, first I would like to countability and are available in every state the gentleman from Massachusetts (Mr. FRANK), the ranking member of engage the chairman in a brief col- by utilizing the Internet. We urge you to loquy and say that I commend him for support H.R. 2143 and reject any amendment the Committee on Financial Services, or proposal which would weaken the bill or for the opportunity to manage the de- his very important work on this legis- hinder its enforcement according to current bate for the Democratic Caucus. He lation, which I strongly support. federal law. and I do not see eye to eye on this leg- As the chairman is aware, there are The National Gambling Impact Study islation, but I appreciate and respect legitimate businesses Ohio and else- Commission Report presents a disturbing the fact that we agreed to disagree, and where that provide legal, skill-based and devastating picture of the effect of gam- I welcome healthy debate on the topic Internet games, such as Monopoly and bling on families. Some critical points to Boggle. Is it the gentleman’s under- consider in the report as it relates to Inter- of illegal Internet gambling. I am an original cosponsor of H.R. standing that H.R. 2143 is not intended net gambling are: to apply to these games of skill that Gambling costs society $5 billion a year in 2143, which was reported favorably by societal costs including job loss, unemploy- the Committee on Financial Services are played, created, or distributed over ment benefits, welfare benefits, poor phys- in March. Actions taken recently by the Internet and which do not involve ical and mental health, and problem or path- the Committee on the Judiciary served the risk of something of value? ological gambling treatment, bankruptcy, to weaken this bill in such a way as to Mr. BACHUS. Mr. Chairman, will the arrests, imprisonment, legal fees for divorce, throw into question whether the bill gentleman yield? and so forth. Mr. PORTMAN. I yield to the gen- would still adequately preserve the Because the Internet can be used anony- tleman from Alabama. mously, the danger exists that access to Federal law and protect States rights Mr. BACHUS. Mr. Chairman, that is Internet gambling will be abused by under- when it comes to regulating Internet correct. It is intended to apply to gam- age gamblers, our children and youth. gambling. Today’s legislation will re- bling, which is primarily determined The high-speed instant gratification of duce that uncertainty by moving for- by chance, rather than the skill of one Internet games and the high level of privacy ward with the financial services-re- they offer may exacerbate problem and path- of the players over the other. lated provisions of H.R. 2143, which Mr. PORTMAN. I thank the Chair. As ological gambling. would serve as a core purpose of the Lack of accountability also raises the po- we know, several States and the Dis- tential for criminal activities, which can bill to shut off that financial spigot to trict of Columbia have State lotteries occur in several ways. First, there is the pos- the illegal offshore casino sites. that fund education and other State sibility of abuse by gambling operators. Most Mr. Chairman, I want to talk a needs. In these States, the lotteries op- Internet service providers hosting Internet minute about what that financial spig- erate under a strict set of State rules. gambling operations are physically located ot looks like. It is currently around $6 Is it the gentleman’s understanding, offshore; as a result, operators can alter, billion a year. None of that contributes again, that H.R. 2143 is not intended to move, or entirely remove sites within min- to the United States economy. There utes. Furthermore, gambling on the Internet prohibit the use of electronic fund are between 1,500 and 2,000 offshore transfers, ACH transactions, checks or provides an easy means for money laun- Internet gambling sites. Unlawful dering. Internet gambling provides anonym- other bank instruments to pay for lot- ity, remote access, and encrypted data. To Internet gambling is a scourge of our tery play within the boundaries of a launder money, a person need only deposit society. It not only leads to crime, but State within which the lot is located? money into an offshore account, use those in many cases it is run by criminal en- Mr. BACHUS. Mr. Chairman, if the funds to gamble, lose a small percent of the terprises. By shutting off the funding gentleman will yield further, so long as original funds, then cash out the remaining flow, we will go a long ways toward it is legal within that State, that is funds. Through the dual protection of shutting down these elicit enterprises. encryption and anonymity, much of this ac- correct. The Committee on Financial Serv- Mr. PORTMAN. Again, I commend tivity can take place undetected. ices and all of the members, the rank- Computer hackers or gambling operators the chairman for his good work on this may tamper with gambling software to ma- ing member and the chair, have worked legislation. I hope he can beat back the nipulate games to their benefit. Unlike the diligently over the last few years with amendments. physical world of highly regulated resort- industry groups and civic organizations Mr. BACHUS. Mr. Chairman, I both destination casinos, assessing the integrity to strengthen the measure and to build commend and yield 5 minutes to the of Internet operators is quite difficult. support for its enactment. We con- gentleman from Ohio (Mr. OXLEY), the Please support H.R. 2143 and reject the sulted with financial services compa- chairman of the full committee, who spread of a predatory industry, which is con- nies to improve the bill, recognizing has been instrumental in bringing this trary to the well-being of individuals and all current industry practices and proof society. legislation to the floor. Sincerely, tecting firms from liability for refusing (Mr. OXLEY asked and was given Christian Coalition of America, Con- to honor restricted transactions. permission to revise and extend his re- cerned Women for America, Family Re- The policy rationale for this legisla- marks.) search Council, General Board of tion is very simple: Offshore Internet Mr. OXLEY. Mr. Chairman, the bill Church and Society of the United gambling is already deemed illegal. By we are considering today, H.R. 2143, the Methodist Church, National Council of continuing to allow the financing of il- Unlawful Internet Funding Prohibition Christians. legal Internet gambling, we are stating Act, represents the culmination of Ms. HOOLEY of Oregon. Mr. Chair- that we are not serious about enforcing many hours of deliberation and hard man, I yield myself such time as I may the law. Worse, the FBI, the Depart- work on the part of members and staff consume. ment of Justice, and the Department of of the Committee on Financial Serv- Mr. Chairman, I rise in support of State have all stated that Internet ices. H.R. 2143, the unlawful Internet Gam- gambling can be exploited to launder The gentleman from Iowa (Mr. bling Funding Prohibition Act. I thank money for such groups as drug dealers, LEACH), the former chairman of the

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.069 H10PT1 H5138 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Committee on Banking and Financial do. It does require the Federal func- are finding their way to a lot of things Services, has led a determined battle to tional regulators to establish regula- that parents do not know that they are cut off the financial lifeblood of the un- tions to limit the acceptance of U.S. fi- finding, and one of them is Internet lawful Internet gambling industry, and nancial instruments, such as credit gambling. the battle has been joined with vigor cards, for use in unlawful Internet This is a positive bill. I will note that by the gentleman from Alabama (Mr. gambling transactions. By so doing, it some people have raised concerns about BACHUS), the chairman of the Sub- cuts off the financial lifeblood of the il- how financial institutions would go committee on Financial Institutions legal Internet gambling industry. about enforcing it, how they would go and Consumer Credit, and the gentle- It does not, and I point out, it does about policing and enforcing the var- woman from Oregon (Ms. HOOLEY), who not expand gambling in any way, ious mechanisms contained within it. has been a staunch advocate in the shape, or form. Why would we want to And I will note for those who raised committee’s efforts to stop this illegal do that? Those who claim otherwise those concerns that this legislation activity. I want to commend both of are either not telling the truth, or they only requires financial institutions to them for their strong leadership. simply do not get it. develop adequate policies and proce- Support for our committee’s efforts The bill’s provisions kick in only, dures for identifying and blocking to stop the money flow to illegal gam- and only, where a regulator determines gambling payments. bling sites has been nearly universal, that an illegal activity has taken place Most of the credit card industry and from family and religious groups, to and relies on Federal and State law most of the financial services industry anti-gambling groups, from profes- current at that time to guide in that have said they can easily take on this sional sports to college athletics, from determination. burden. It is a burden that they regu- major players in the banking and cred- Let me be crystal clear: H.R. 2143 larly assume in policing all kinds of it card industries, to law enforcement protects the right of States to regulate transactions. and Internet service providers. gambling within their borders. It nei- I do want to address one line of Mr. Chairman, it would be far easier ther expands nor limits gambling be- amendments that I do expect will come and far quicker just to list who does yond what is allowed under existing before the House today, and it deals not support such efforts. That would, of Federal, State and Tribal law. with the amendment offered by my col- course, be the illegal Internet gam- Mr. Chairman, H.R. 2143 represents league from Wisconsin that refers to bling industry itself and the legislation at its best. It is a directed one very specific section of the bill. ‘‘wannabes’’ waiting in the wing for approach to a serious problem. It will Right now this bill would exclude from some sign that the Federal Govern- give regulators an important new tool its coverage ‘‘any lawful transaction ment will roll over and sanction Inter- to fight unlawful Internet gambling, with a business licensed or authorized net gambling. They have launched an and will protect families throughout from a State.’’ all-out effort at obfuscation and America. It deserves the support and That is an important provision, for a mischaracterization in hopes of defeat- vote of every Member of this House. very simple reason. As many of my col- ing this bill and perpetuating their ob- Mr. Chairman, in closing, I want to point out leagues well know, a number of States noxious activities. Six years ago Internet gambling was that this legislation is intended to address in this country permit various forms of nearly nonexistent. Indeed, the Inter- funding of illegal Internet gambling, not to reg- pari-mutuel betting. We may not like net itself was just coming into its own. ulate general purpose communications net- that, we may not engage in it, but Sadly, just as nature abhors a vacuum, works that may be used in isolated instances there is not one of us in this institu- so do criminals, and it was just a mat- to transmit funds. The terms ‘‘networks’’ and tion who questions that it is the right ter of time before gambling sites began ‘‘participants in networks’’, used in section 3(c) of a State to determine what is gam- cropping up offshore, beyond the reach and in the definition of a ‘‘Designated Payment bling and what is not gambling. It is of U.S. regulators and law enforce- System’’ in section (4)(3), are intended to refer the right of the State of Alabama to ment. to payment networks, such as funds transfer decide and the right of our legislature Seeing their opportunity, they multi- networks, not to general purpose tele- to decide if we are going to recognize plied unchecked, gobbling up victims communications or Internet networks. Thus, pari-mutuel betting or not. in the United States who represented this bill would not regulate the provision of If this amendment, which I believe is the most vulnerable in our society: Internet connectivity or frame relay service to well-guided, were to be enacted, it children, college students, and problem an electronic funds transfer network, but would would fundamentally change the pur- gamblers. Enticed by pop-up ads that regulate the operation of the funds transfer pose of this bill, because what it would promised untold riches, these victims network itself. do, very simply, is it would prevent a yielded up their credit card numbers Ms. HOOLEY of Oregon. Mr. Chair- State from accepting pari-mutuel bet- and other valuable personal financial man, I yield 3 minutes to my good ting or any other forms of gambling information to an unregulated criminal friend, the gentleman from Alabama that have been recognized, frankly, and element that could use that informa- (Mr. DAVIS), a member of the com- declared as permissible by State law. tion as it chose. mittee. We talk a lot about States rights in All of the privacy hawks in this Mr. DAVIS of Alabama. Mr. Chair- this institution, and both parties now Chamber need to listen to this plea. man, let me first of all compliment my have picked up that mantra. It is in The Committee on Financial Services good friend, the gentleman from the the interests of States rights if we de- has heard testimony from the U.S. De- other half of Birmingham, Alabama cide that States can decide what is partment of Justice and the FBI that (Mr. BACHUS), for his leadership on this legal and what is not illegal. So I Internet gambling serves as a haven for issue. would urge my colleagues to reject the money launderers, and unregulated off- I take up where the gentleman from stream of amendments that would take shore gambling sites can be exploited Ohio (Mr. OXLEY) left off. This is a very away the States’ ability to decide what by terrorists to launder money. FBI Di- well-conceived piece of legislation. I is valid inside their own house. rector Mueller, in testimony before our speak from the perspective of someone So I close, Mr. Chairman, by saying committee, cited Internet gambling as who spent 5 years as a Federal pros- this is well constructed, bipartisan leg- a substantial problem for law enforce- ecutor. islation of the kind, frankly, that our ment. That view has been reinforced by When I started out as a Federal pros- committee regularly and routinely pro- the Financial Action Task Force, an ecutor, we did not hear a whole lot of duces. international body that seeks to com- about gambling, frankly, from a lot of Mr. BACHUS. Mr. Chairman, I yield 2 bat money laundering, which stated in the people who crossed my desk. By the minutes to the gentleman from North a 2001 report that some member coun- time I left, gambling had become the Carolina (Mr. COBLE). tries had evidence that criminals were means of choice for disguising large Mr. COBLE. I thank the gentleman using Internet gambling to launder sums of money being moved back and from Alabama for yielding me time. their illicit funds. forth by drug dealers. Mr. Chairman, I am reluctant to op- For the record, let us make clear It goes without saying that in this pose my chairman of the full com- what the bill does and what it does not age of Internet access, a lot of children mittee, but I am doing it today. What

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.092 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5139 I am saying today is consistent with gunpoint, I am with you. If there are doing this, that, and the other. But let what I have said previously about this people who are being coerced into put- us cut right down to it. This is being bill. We reported the bill out of the ting down a bet, let us protect them. put forward by people who do not like Committee on the Judiciary Sub- But if an individual has gone out and gambling and want to make it harder committee on Crime, Terrorism and earned his or her money and decides he to gamble, and their principle of keep- Homeland Security without the Can- or she wants to gamble, why in the ing government out of private choices, non amendment. The Cannon amend- world is it anybody in this building’s forget about it; their principle of being ment was added in full committee and business? able to use the Internet without inter- comes back to us today when the gen- So we, first of all, have this incon- ference, forget about that; and their re- tleman from Wisconsin (Chairman SEN- sistency with the principle of let us spect for financial institutions, forget SENBRENNER) submits his amendment keep big government off our backs. I do about that. not myself gamble. I do not like to see subsequently. Now, they say children will abuse it. The amendment, in my opinion, Mr. my money go when I do not have any control over it, and so I do not gamble. I understand that. That is a serious ef- Chairman, will strike the provision of fort. I am prepared to cooperate in ef- the bill that states that the term ‘‘bets And other people who are opposed to gambling, I do not always hold myself forts to try to protect children, al- or wagers’’ does not include any lawful though we should know that the major transaction with a business licensed or out as an example, but I will in this case. Be like me: do not gamble. But if protection of children ought to be their authorized by a State. This provision is own parents. This is protecting chil- duplicative of the actual definition of other people want to put a bet down, mind your own business. dren, forgetting about any parental ‘‘unlawful Internet gambling,’’ which is Now, there are people for whom this role; but that is another principle that defined as a bet or wager that is unlaw- is enjoyable. I do not understand why is a problem. You cannot, in my judg- ful under any applicable Federal or we should cast aspersions on them. And ment, sensibly, in a society like ours, State law. it is true, some people will abuse it. make it illegal for adults to do things b 1645 There are a minority of people who will because there is a possibility that some I am told, Mr. Chairman, and I think abuse this. But the notion that we pre- young people will do them when they the gentleman from Louisiana has cor- vent adults from making their own should not. Let us work on ways to pre- roborated this, that some groups feel choices with their own money, to do vent children from doing this sort of that this is a carve-out from the prohi- things which have no harmful effect on thing. bition set forth in the bill. I believe anyone else, because a minority of peo- Gambling is a perfectly legitimate that those groups who so declare are ple will abuse them is, of course, a very human activity. There are people who misinterpreting current law and, with dangerous principle. There are people enjoy it. There are people who find or without this provision, we still have who drink too much. There are people that it engages them. I do not think to contend with the prohibitions of the who go to too many movies. There are they ought to be anesthetized on the Wire Act. people who do a lot of things in excess floor of the House, but being anes- Finally, Mr. Chairman, I believe that that most of us do in moderation. Ban thetized, I guess a lot of people do not the Sensenbrenner amendment will the excess, if you want to; deal with pay a lot of attention to what we say. pretty well remove the muscle from the consequences of the excess. This is No real harm there. But when you take the arm of States’ rights. I believe that a violation, though, what we are doing the law of the United States and you the language that the Sensenbrenner now, of the fundamental principle: now put further criminal penalties here amendment seeks to strike simply pre- leave people alone. and further restrict people, I think we There is another principle that I have serves the ability of States to regulate are making a very grave error. heard: the sanctity of the Internet. We gambling, and that is where I think the are told that we should not interfere So I hope Members who have talked regulatory issue should arise. with the Internet. Indeed, this House about States’ rights, who have talked Ms. HOOLEY of Oregon. Mr. Chair- has refused to cooperate with State about individual liberty being pro- man, I yield such time as he may con- governments; now, many of them are tected from an overreaching govern- sume to the gentleman from Massachu- in terrible fiscal crises, cutting back ment, who have talked about not sti- setts (Mr. FRANK), our ranking mem- on health care, laying off public safety fling the Internet and its creativity, ber. officials, but we will not cooperate will think about one of those things Mr. FRANK of Massachusetts. Mr. with them in collecting sales taxes when you come to vote on this bill and Chairman, where are the libertarians from people who buy things over the vote it down. when we need them? What we have be- Internet in competition with local I thank the gentlewoman for man- fore us is the Inconsistency Act of 2003. communities, and they lose tax rev- aging this time and yielding this time Rarely has a bill come forward which is enue. But we say, oh, no, we cannot to me. I am the senior minority mem- in conflict with as many principles as touch the Internet, unless it is being ber, but since the majority of members Members of this House have professed. used for something people here do not of my committee, in a temporary lapse In the first place, we have the question like. That is basically what is involved from their usual good judgment, sup- as to whether or not we should sub- here. ported this bill; I did not think it was stitute the government’s opinion for We have, and there is an interesting appropriate for me to be the manager. individuals’ choices. conjunction here of liberals and con- But I do hope that individual free- Now, there are ills in this world servatives. Conservatives do not like dom, a distrust of overreaching govern- against which people should be pro- it, some of them because I read from ment, a respect for the rights of State tected. There are economic injustices, some of the very conservative groups and local jurisdictions, and a respect there are environmental problems, that it is immoral to gamble. I am for the Internet will count for some- there are criminal elements who would often baffled by their morality, and I thing when we vote. prey on people. I spend all of my en- do not understand why it is immoral to ergy trying to protect people against gamble. I am struck by so many of my Mr. BACHUS. Mr. Chairman, I yield things done by others, whether forces liberal friends who do not want people myself such time as I may consume to of nature or individuals, that would to gamble. Indeed, gambling is, to respond to the gentleman from Massa- harm them. I envy my colleagues who many liberals, what sex-oriented lit- chusetts. I would say to the gentleman have more energy than I. I do not have erature is to conservatives. They do that this bill is not about opposing enough left to protect people against not like it, so they do not want anyone legal gambling. This bill is about op- themselves. This is an example of our else to do it. There are people who do posing mob activity, criminal activity. deciding that we cannot trust adults to not like gambling; then do not gamble. The FBI says that organized crime is decide what to do with their own But why use the law to prevent other behind these Internet sites. This is money. people from doing it? about the unsupervised, illegal, Now, if we were talking about some- Now, I know they say, well, but this untaxed Internet gambling. Illegal, off- one who was being forced to gamble at is not just making it illegal; this is shore.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.093 H10PT1 H5140 CONGRESSIONAL RECORD — HOUSE June 10, 2003 We talk about adults. These sites bling Ship Act, so that casino and lot- speaks for itself. But if it needs to be specifically target preteenaged chil- tery games could not be placed on the clarified, my amendment makes it ab- dren; and as the University of Con- Internet. Is that correct? solutely clear: The legislation does not necticut has shown us, it is becoming a Mr. BACHUS. Mr. Chairman, will the change any law currently in place, Fed- problem for many of our teenagers. gentlewoman yield? eral, State, or tribal, governing gam- They are becoming addicted to it, and Mrs. KELLY. I yield to the gen- bling in the United States. they then turn to crime. This is about tleman from Alabama. I urge my colleagues to support the protecting Americans from crime that Mr. BACHUS. The gentlewoman’s as- legislation that will give law enforce- arises from these sites, specifically sessment of the intent is accurate. I ment an important new tool to fight from these sites. thank the gentlewoman for clarifying crime and protect our families in the In the gentleman’s own State, Dr. that point. United States. Schaffer, Harvard Medical School, lik- Mrs. KELLY. Mr. Chairman, reclaim- Ms. HOOLEY of Oregon. Mr. Chair- ened illegal Internet gambling to crack ing my time, I thank the gentleman for man I yield 21⁄2 minutes to my good cocaine, and he said, ‘‘It is changing that clarification. friend, the gentlewoman from Nevada the gambling scene as crack cocaine I strongly support this legislation (Ms. BERKLEY). changed the drug scene.’’ We have all and urge my colleagues to join us in Ms. BERKLEY. Mr. Chairman, I feel seen the scourge of crack cocaine. We standing against illegal Internet gam- somewhat like a skunk at the church have seen how it has ruined our coun- bling. These Web sites are extremely picnic, but I rise today to urge my col- try, ruined our youth. We have seen destructive, and it is time we put them leagues to vote against this senseless Adrian McPherson, a young man with a out of business. and useless piece of legislation. lot of promise, a star quarterback, a We all know that illegal money I know something about gaming and Mr. Basketball in the State of Florida, transfer has funded terrorism in this gaming law. I was a gaming attorney Mr. Football, we have seen him on Nation. We need to dry up terrorism’s for many years before I came to the trial, accused of Internet gambling. money. Anyone who cares about their United States Congress, and I represent Mr. Chairman, this is simply about personal safety and the safety of the Las Vegas. This bill, in spite of what enforcing the laws of this country and people in this Nation needs to vote for its sponsors say, will not stop illegal protecting our youth. We take the ani- this bill. Internet gaming, and, if passed, it will mals of the field, the one thing they do This legislation will bar Internet have serious unintended consequences. is they protect their youth. If dogs, gambling access to the U.S. financial This legislation, let me reiterate, cats, rabbits, any animal, if they pro- services network by preventing the use will not stop Internet gaming. It exists tect their youth, at least we can rise to of credit cards, wire transfers, or any today. There are over 1,600 gaming Web that level and above that level and pro- other bank instrument to fund gaming sites offshore already. Americans are tect the youth of our country. associations. playing online now. But instead of Finally, as the NCAA said when they Representatives of the offshore ca- playing on well-regulated sites, they urged us to adopt this legislation for 5 sino industry have tried to make the are placing wages on the existing 1,600 straight years, ‘‘Illegal Internet gam- case that Internet gambling is a harm- offshore unregulated sites which have bling is destroying the integrity of col- less activity that can easily be brought no requirement to verify the identity, lege sports and we have scandals in the under control by Federal regulation; the age, the background, or the loca- making.’’ Let us put an end to it; let us but, unfortunately, that is not true on tion of the person placing the wager. put an end to it now. Let us vote for many fronts. It is technologically im- In most cases, there is no regulation this bill. Let us vote for the Kelly possible to create safeguards that will of offshore sites. A child can place a amendment. Let us vote against the regulate Internet gambling. That wager on these offshore sites, a com- Cannon amendment, which is a poison means anyone with access to a credit pulsive gambler can place a wager on pill, as we all recognize, any of us who card, including children, can access these sites, and there is no guarantee have studied the issue at all. these sites. Anyone who is a terrorist that players will receive their winnings Mr. Chairman, I yield 31⁄2 minutes to with a credit card can transfer money from these offshore sites. the gentlewoman from New York (Mrs. this way. My good friend, the gentleman from KELLY), who has conducted extensive As the FBI closes down on other Alabama (Mr. BACHUS), speaks of mob hearings on this matter. money-laundering schemes, more il- influence and speaks of protecting chil- Mrs. KELLY. Mr. Chairman, I would licit funds are expected to move dren from gambling. There is not one like to enter into a colloquy with the through Internet gambling sites. To thing in this legislation that will rem- gentleman from Alabama. stop terrorism, we must dry up their edy any of the problems that he speaks Mr. Chairman, I would like to clarify access to funding. of. the intention of this legislation. Sec- Let us not be foolish enough to be- tion 4, subsection 2(E)(ix), exempts b 1700 lieve that this bill will stop people transactions with a business licensed This legislation will help that. The from gambling online. Despite efforts or authorized by a State from the defi- bottom line is, Internet gambling is il- by every credit card company in the nition of ‘‘bets or wagers’’ under the legal, and according to the Department United States to prohibit the use of bill. of Justice and the FBI there is no effec- their financial instruments for Inter- Some parties have raised concerns tive way to regulate it. The only way net gaming, the General Accounting that this could be read broadly to allow to stop it is to cut off the financial Office predicts that the offshore Inter- the transmission of casino or lottery flow to the illegal Internet casino in- net gaming industry will continue to games in interstate commerce, for ex- dustry, which is precisely what this grow to a $4.2 billion industry in 2003 ample, over the Internet, simply be- legislation before us does. with a growth rate of 20 percent per cause one State authorizes its busi- Finally, there has been a lot of mis- year. Passing this bill will do nothing nesses to do so. I want to make clear information spread about this legisla- to impede that growth. Online gaming that this exemption will not expand tion in the past few weeks. Let me be is here to stay. the reach of gambling in any way. It is very clear, this legislation does not If these unregulated and unscrupu- intended to recognize current law that change current law by defining what is lous offshore sites continue to flourish, allows States jurisdiction over wholly legal or illegal; it simply ensures that the integrity of the legal gaming indus- intrastate activity, where bets or wa- we have a mechanism to enforce illegal try is also at risk. Instead of prohib- gers, or information assisting bets or activity under the Federal law. iting online gaming, we should be wagers, do not cross State lines or Reasonable people can disagree on of- closely examining online wagering to enter into interstate commerce. fering a separate amendment to the see if it can and should be regulated The exemption would leave intact committee which makes it absolutely and taxed as a legal business. No one the current interstate gambling prohi- crystal clear that we are not changing knows the answer to this, but it might bition such as the Wire Act, Federal anybody’s law regarding Internet gam- turn out that it may be the only effec- prohibitions on lotteries, and the Gam- bling. I believe that the base text tive way to stop illegal online wagering

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.098 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5141 and the problems it creates. H.R. 2143 Please support H.R. 2143, the Unlaw- Mr. BACHUS. Mr. Chairman, I yield 2 would cut off this option, and we ful Internet Gambling Funding Prohi- minutes to the gentleman from Michi- should not pass it. bition Act. gan (Mr. EHLERS). For those people that are so worried Ms. HOOLEY of Oregon. Mr. Chair- Mr. EHLERS. Mr. Chairman, I thank about funding of terrorists, let us have man, I yield myself such time as I may the gentleman for yielding time to me. our so-called Saudi allies and our mod- consume. Mr. Chairman, I would like to rise to erate Arab allies, let them stop the Mr. Chairman, I would respond to the register my very, very strong support money they are flowing into the terror- comments of the gentlewoman from for this bill, and my opposition to the ists, and not kid ourselves to think Nevada (Ms. BERKLEY). I think she gave Cannon amendment; not that I oppose that stopping online Internet gaming is a really good argument why we should the intent of the Cannon amendment, going to do the trick for us. pass this bill. It may not do everything but simply because that is likely to be Mr. BACHUS. Mr. Chairman, I yield that we want it to do, but right now a poison pill for this bill and result in myself such time as I may consume. offshore gambling is illegal. its immature death. Let me ask a few Mr. Chairman, major league baseball, What we are trying to do in this bill questions. the National Football League, and the is very simple. It is to shut off the fi- Does gambling cause any social good NCAA all endorse this legislation. We nancial spigot. Will it stop it totally? in this country? The answer is abso- could have no better representative Probably not. Will it make a dent? I lutely not. It creates a great many so- than the gentleman from Nebraska certainly hope so. But unless we can cial problems but provides no social (Mr. OSBORNE), who many of us still shut off that financial spigot, nothing good. Does it help when we assess taxes on think of as Coach OSBORNE of the Ne- will happen, and it will just continue braska Cornhuskers. to grow and take that money out of our it? Does that not provide some good? It Mr. Chairman, I yield 2 minutes to economy. may salve our conscience a bit, but it the gentleman from Nebraska (Mr. Mr. Chairman, I yield 2 minutes to certainly does not overcome the prob- my good friend, the gentlewoman from lems that arise from gambling. OSBORNE). Mr. OSBORNE. Mr. Chairman, I Texas, (Ms. JACKSON-LEE). Is gambling addictive? Yes, without Ms. JACKSON-LEE of Texas. Mr. thank the gentleman from Alabama doubt. I can recount an example that Chairman, I thank the gentlewoman was just told me a few weeks ago by and the gentleman from Iowa (Mr. for yielding time to me. I thank her for one of my constituents, where a gen- LEACH) for this legislation. I support her leadership and for her work. tleman who had been reasonably well H.R. 2143. Mr. Chairman, we know that unregu- As the chairman mentioned, I spent off had to go into bankruptcy because lated Internet gambling does hurt. I his wife had become addicted to gam- most of my life working on a college also believe we as Members of Congress bling. She had very carefully hidden it campus. I can attest to the fact that want to do the right thing. I would en- from him. She had taken out credit Internet gambling is really hitting our courage that we look at the idea of the cards which he did not know about. college campuses very hard, because all expanded study of this question to The accumulation of debt from her you have to do is have a computer and make the right decisions. gambling addiction drove them into a credit card and you are in business. I would also like to offer a comment bankruptcy. Almost all students have this, so we on what I believe will be a very helpful Does gambling attract crime? Yes. see an explosion of gambling on the amendment that I will have the oppor- Terrorism? Yes. Why? Wherever there college campuses. Many student ath- tunity to expand on as we go into the are large amounts of cash available letes are becoming heavily involved. I amendments on this legislation. with minimal accounting standards, as think someone mentioned earlier a It is important to note that 8 percent we have with Internet gambling, we are quarterback from Florida State. of children under the age of 18 in Amer- going to attract crime. We are going to The reason that the NCAA, the NBA, ica have a serious gambling problem, attract terrorism. major league baseball, all of these or- as opposed to a 3 percent number of What is the worst form of gambling? ganizations are against it, is that once adults. That is, of course, a distinctive Internet gambling. It is easy, it is con- a student athlete becomes heavily in- difference between those children venient, it is anonymous, and we can debted, there are really only a couple under the age of 18. do it from our own homes or from a avenues he can take to get out of the I would hope that my colleagues public library or any of a number of problem. One is to cooperate with gam- would look upon an amendment that other places. It is very tempting for blers. Another is to shave points. So it hopefully answers that question and any addicted gambler to use Internet tremendously compromises the ath- provides some of the comparable legis- gambling, and use it surreptitiously letic scene. lation that was allowed in the Chil- when necessary, to cover the fact that According to a 1997 study by Harvard dren’s Protection Act that dealt with he or she is addicted. Medical School, students show the protecting children from accessing por- I very strongly support this bill. I highest percentage of pathological nography on the Internet by utilizing a hope the Congress will approve it, that gambling. To say that students are not credit card. the Senate will approve it, that the involved is simply inaccurate. For My amendment will allow the use of President will sign it, and it will be- some, as has been mentioned earlier, a credit card in the instance of legal come law. gambling releases endorphins, much Internet gambling so that it will pre- Ms. HOOLEY of Oregon. Mr. Chair- like crack cocaine, so this is a highly vent or prohibit or stop or inhibit 18- man, I reserve the balance of my time. addictive activity. year-olds, or those under 18, from using Mr. BACHUS. Mr. Chairman, I yield Our society is becoming increasingly the credit card to access Internet gam- myself such time as I may consume. dependent on gambling. Individuals try bling. Mr. Chairman, the gentleman from to get out of poverty by winning the What it will do is the fact that a Virginia (Mr. GOODLATTE) and the gen- lottery or hitting the jackpot. States credit card, one, requires one to be at tleman from Iowa (Mr. LEACH) have try to cure economic woes through lot- least 18 to secure one. Then, of course, been fighting this issue and offering teries and casinos. it has a purchasing coding system to legislation for some time. This legisla- Internet gambling does not fix the alert parents of unauthorized charges. tion actually appropriately would bear problem; it makes it worse. Internet Then it records the information on the their names. I commend the gentleman gambling provides no useful goods or charge. These are all ways of providing from Virginia. I think no one has done services. It usually is linked to orga- that extra door, that extra fire door to more than he and the gentleman from nized crime. It often results in divorce, prevent those youngsters from access- Iowa (Mr. LEACH) on this issue. suicide, theft, and poverty. It siphons ing Internet gambling. Mr. Chairman, I yield 3 minutes to money that would otherwise be spent I hope my colleagues will listen to the gentleman from Virginia (Mr. to buy food, clothing, appliances, hous- the debate. I expect to listen to the de- GOODLATTE). ing, and thus hurts the economy. bate so we in Congress can do the right Mr. GOODLATTE. Mr. Chairman, I Above all, it hurts our families and it thing, so we can do it together, and do want to thank the gentleman from Ala- hurts our children. it on behalf of the American people. bama (Mr. BACHUS) for his leadership

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.099 H10PT1 H5142 CONGRESSIONAL RECORD — HOUSE June 10, 2003 on this issue. He has been fighting this bama’s (Mr. BACHUS’s) leadership. Also, Mr. Chairman, it has become very ap- for a long time, and I appreciate his ef- as indicated, the gentleman from Vir- parent to me after listening to this de- forts to bring forth this legislation. ginia (Mr. GOODLATTE) and the gen- bate that the supporters of this bill not I am pleased to support it, the Un- tleman from Virginia (Mr. WOLF) have only oppose the Internet gaming, they lawful Internet Gambling Funding Pro- worked on this for years, and I am very are opposed to any form of gaming hibition Act, because it is an impor- grateful for their support. whatsoever. They speak of gaming and tant first step in the fight against Mr. Chairman, the bill as it comes they speak of addiction and crime and Internet gambling. It hits illegal gam- before the floor today is, frankly, not drugs and suicide. bling institutions where it hurts the as comprehensive as I would have Well, I grew up in Las Vegas. Las most: their pockets. By shutting off liked. It would have been better if the Vegas has 1.5 million residents; 37 mil- the financial lifeblood of this illegal in- Committee on the Judiciary had up- lion visitors come to our community dustry, this bill will help to starve out dated the Wire Act. It would have been every year to enjoy our entertainment, unlawful Internet gambling sites and better if we had been more precise in and our wholesome family entertain- in the process close off opportunities allowing certain law enforcement ties ment, I might add. for money launderers, terrorists, and to the financial system. Nevertheless, I grew up in Las Vegas. I represent organized crime. this is a very credible first step to the good people of Las Vegas who de- Gambling on the Internet has become slowing the growth of Internet gam- pend on the gaming industry for their an extremely lucrative business. The bling. livelihood. My father was a waiter Internet gambling industry revenues The issue has been raised on the when I was growing up. He worked in grew from $445 million in 1997 to an es- floor, and I think it is worthy of seri- one of these casinos that you disparage timated $4.2 billion this year. Further- ous review, the question of is this an so handily. more, industry analysts estimate that individual issue, a libertarian issue or Let me state what Las Vegas means Internet gambling could soon easily be- is it a social issue? to me. On a waiter’s salary my father come a $10 billion a year industry. I believe very firmly that it is far was able to put a roof over our heads, The problems with Internet gambling more than a libertarian issue. We ig- food on the table, clothes on our backs, are many. The instant access to online nore gambling at our peril. It is simply and two daughters through college and gambling is particularly disturbing. not good for the American economy to law school. That is not so bad on a This illegal activity is available to send billions of dollars overseas. It is waiter’s salary. And the reason he was adults and children alike with the sim- not good for American national secu- able to do it was because of the strong ple click of a mouse. rity to allow Internet gambling to pro- economy that the gaming industry cre- In addition, the social problems asso- vide the ideal basis for money laun- ated. ciated with traditional forms of gam- dering, for narco-traffickers and for Las Vegas to me is churches and syn- bling have increased with the prolifera- terrorists. But most of all it is not agogues and families and Saturday soc- tion of Internet gambling. Online gam- good for the American family. cer and proms at this time of year and bling results in more addictions, more Anyone that gets hooked on Internet graduations and hopes and dreams and bankruptcies, more divorces, more gambling or any form of gambling, but aspirations to millions of people that crime, the cost of which must ulti- particularly Internet which is gam- come to Las Vegas and the 1.5 million mately be borne by society. bling alone, will lose virtually all of people that live there. I do believe that more needs to be their assets. Anyone that gets hooked And, quite candidly, the people in done in the fight against Internet gam- will, in all likelihood, lose their fam- this Chamber ought to be ashamed of bling, including creating stiffer crimi- ily. Divorce is a serious element of the disparaging a community like Las nal penalties for violators and updating gambling problem. In very many cases Vegas that I daresay lays shame to all the Federal Wire Act to make it clear the extraordinary circumstance of sui- of your own. So please be careful when that it covers new technologies such as cide is contemplated by gamblers that you speak of my community and the the Internet. get this as a virtual disease. major industry that takes care of the b 1715 It is a libertarian myth that only the people that live there and provides However, H.R. 2143 is an important individual, only the gambler is af- good educations, good economy, good first step in this fight and I am pleased fected. Its effects spill over to the fi- living conditions, and a quality of life to support this bill. nancial systems. When there are losses, that is the envy of the rest of the I urge my colleagues to join me in everybody else has to pay higher inter- United States of America. this effort. I want to thank the gen- est rates. They spill over to the social Mr. BACHUS. Mr. Chairman, I yield 2 tleman from Iowa (Mr. LEACH), the welfare system where people have to minutes to the gentleman from Michi- gentleman from Ohio (Mr. OXLEY) and pick up the costs of broken lives. It gan (Mr. ROGERS). others, the gentleman from Virginia spills over to the economy where suf- Mr. ROGERS of Michigan. Mr. Chair- (Mr. WOLF), who have helped to lead fering has to be picked up elsewhere; man, I want to thank the gentleman this effort. This is a great opportunity and they spill over into national secu- from Iowa (Mr. LEACH) and the gen- for us today and I thank the gentleman rity concerns. tleman from Virginia (Mr. GOODLATTE) from Alabama (Mr. BACHUS) for it. Internet gambling serves no social for their efforts here. The CHAIRMAN. For the record, the purpose whatsoever. It is a danger to I want to disagree with the gentle- Chair announces that the gentlewoman the American family. It is a danger to woman from Nevada (Ms. BERKLEY) for from Oregon (Ms. HOOLEY) has yielded the American society. It is a danger to a moment. I used to be an FBI agent. to the gentleman from Alabama (Mr. the security of the United States. It And the old saying ‘‘It takes money to BACHUS) 8 minutes, reserving 4 minutes should be ended, and this is a credible make money’’ is as true for organized for herself. beginning. crime as it is for any other business in Mr. BACHUS. Mr. Chairman, I yield 3 Mr. BACHUS. Mr. Chairman, I yield America. This is not about Las Vegas. minutes to the gentleman from Iowa back 1 minute to the gentlewoman This is about offshore entities; Russian (Mr. LEACH). Many fine things have from Oregon (Ms. HOOLEY). organized crime establishing offshore been said about the gentleman, that he Ms. HOOLEY of Oregon. Mr. Chair- sites to develop low-cost/high-revenue and the gentleman from Virginia (Mr. man, how many more speakers does the venues where they can do two things: GOODLATTE) have been fighting this gentleman have? A, make a tremendous return on their issue, this problem, and have really Mr. BACHUS. Mr. Chairman, we have investment; and B, launder money. And brought it to our attention, along with 2 more. they are not laundering money that the gentleman from Virginia (Mr. Ms. HOOLEY of Oregon. Mr. Chair- they have earned by betting or working WOLF), and I commend him. man, I yield 2 minutes to the gentle- in legitimate businesses. They are Mr. LEACH. Mr. Chairman, I thank woman from Nevada (Ms. BERKLEY). laundering money that they obtained the gentleman for yielding me time. Ms. BERKLEY. Mr. Chairman, I illegally from drug sales, from pros- Mr. Chairman, this bill is a great thank the gentlewoman for yielding me titution rings, from pornography rings, credit to the gentleman from Ala- time. from street gang street tax, from street

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.102 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5143 taxing businesses who are trying to op- port for this legislation. First, a study will be an effective tool to stop the use erate in New York and Miami and Los released by the American Psychiatric of our credit cards to this illegal activ- Angeles. Association concluded that about 20 ity, when Citibank, when Morgan Stan- These are exactly the kinds of activi- percent of children-oriented online ley, when the largest banks in this ties that this bill will at least attempt game sites featured Internet gambling country say give us the regulations, to put a tool in the toolbox to stop. advertisements, 20 percent. Does that give us the framework to stop this, it The FBI already has several cases make any sense? Offshore illegal Inter- is about time that we move. today involving organized crime using net gambling sites are advertising to We have talked about major league Internet gambling to launder money. our children and we are not shutting baseball, the NFL, and I think that the They use this money and turn it down these offshore illegal Internet gentleman from Nebraska (Mr. around to do pretty awful things, not gambling sites? That does not make OSBORNE), more skilled than any of us only in America but now internation- sense to me. in college sports, he is the longtime ally. And they have become very, very Second, the FBI and the Department football coach of the Nebraska sophisticated at how they get there. of Justice have linked, without ques- Cornhuskers, when he says this is un- It would be sticking our heads in the tion, offshore Internet gambling to or- dermining the integrity of the sport, it sand if we do not stand up and say we ganized crime, money laundering and is time for us to take action. will not tolerate organized crime using identity theft. Offshore illegal Internet It is time for us to quit this turf the Internet to negatively influence gambling has been linked to organized fighting where someone tries to expand our communities and our business com- crime and terrorism and we are not gambling and someone else tries to munity all across America. going to shut it down? That does not limit gambling, and to come forward This is dangerous, dangerous stuff. make sense to me. with a bill to address this, what the And to compare this to soccer games in It is time to enact legislation that FBI calls ‘‘mob-drive, crime-controlled Las Vegas is both naive and short- empowers our law enforcement officers activity.’’ sighted. I would encourage the gentle- to become tough on the existing laws b 1730 woman to understand where we seek to and to put illegal Internet gambling go and the very types of people we seek When we started this debate, some 4 sites out of business once and for all. or 5 years ago, we had less than a half to stop with this bill. Please support H.R. 2143, the Unlaw- I would also take this opportunity to a dozen sites, less than $300,000 being ful Internet Gambling Funding Prohi- urge this body to reject the Sensen- used. Today, the number of addicted bition Act. brenner and Cannon amendment. We gamblers in this country has grown by Mr. Chairman, I yield back the bal- are very, very close here today to tak- 5 million, a great number of them ance of my time. starting in their preteen or early teen- ing one step closer to knocking orga- Mr. BACHUS. Mr. Chairman, I yield nized crime off their feet. That is a poi- age years. myself such time as I may consume. It is time this Congress acted. It is son pill that may slow that endeavor. Mr. Chairman, this Congress has Ms. HOOLEY of Oregon. Mr. Chair- time this Congress rejected the Sensen- tried mightily, Members of this Con- man, I reserve the balance of my time brenner amendment in a few minutes gress, to pass legislation to protect our for closing. and voted for this legislation. If it does Mr. BACHUS. Mr. Chairman, I have children from this organized criminal not, we are going to be dealing with a the right to close. I do intend to close. activity. And it is a criminal activity. $20 billion industry or $30 billion indus- Ms. HOOLEY of Oregon. Mr. Chair- To equate this with the lawful super- try, and it is bad enough today when man, is the gentleman through with vised gambling in Las Vegas is simply we do not know who these people are. his speakers? to miss the point. They are unregulated. We do not even Mr. BACHUS. Mr. Chairman, we have The fact is the gentlewoman from Or- know where the money that is earned, no other speakers, but I do wish to egon (Ms. HOOLEY) said, We do nothing how much of that money is finding its close. in this bill to make unlawful what is way back to Washington; but it is a Ms. HOOLEY of Oregon. Mr. Chair- lawful or make lawful what is unlaw- pretty strong indication when we have man, I yield myself such time as I may ful. one so-called faith group that battled consume. What we do say is that where there is for this legislation until a few weeks Mr. Chairman, first of all, I want to this criminal activity which is causing ago and suddenly turned around 180 de- remind people this is not about legal such heartbreak and such sorrow and grees and suddenly opposed this legis- gambling. This is about illegal gam- such destruction and really a crime lation; and we find from a California bling. This is about offshore casinos. wave in this country, that it is time to paper that a few years ago they, in This is about illegal Internet gambling. put an end to it. fact, took gambling money to fight on Again, I appreciate the opportunity Now, the gentleman from Virginia behalf of the gambling industry. to speak in favor of this Unlawful (Mr. GOODLATTE) has for years strived The National Council of Churches has Internet Gambling Funding Prohibi- to bring the conscience of this Con- written us today, the National Gov- tion Act. And I also want to thank the gress to this issue. The gentleman from ernors Association. The Fraternal gentleman from Ohio (Mr. OXLEY) and Iowa (Mr. LEACH) for years has brought Order of Police has urged us to take ac- the gentleman from Alabama (Mr. this issue to our attention. They want tion to accept no amendments other BACHUS) for all of the hard work, and it stronger measures. I would like strong- than the Kelly amendment. The Fed- has taken more than 1 year that they er measures, I will admit that, but we eral Law Enforcement Officers Associa- have worked on this. have to be practical. tion has written us. They have urged us Mr. Chairman, I do not intend to turn We have to get what we can get. And to take action. this debate into an oversimplification, what was the Cannon amendment Mr. Chairman, the house is on fire but I want to remind this entire Cham- killed this legislation in the past, and and it is time for this body to wake up ber that this bill does not in any way it will be brought up and they will at- and to take action and to protect the prohibit Internet gambling. The bill tempt to kill this legislation. I hope youth of this country and the compul- does not make Internet gambling ille- that is not the case. I hope that we do sive gamblers. gal. This bill quite simply takes Inter- not vote for the Cannon, now Sensen- I close with one fact, and that is from net gambling that is already illegal, brenner amendment, and again post- the University of Connecticut Health such as offshore gambling, and pro- pone facing this issue. Center, an extensive survey that said hibits financial institutions from fund- When it gets to the point that 74 percent of those who have used the ing those transactions. The best way to MasterCard, American Express, Visa, Internet to gamble have serious prob- put it is that this bill will actually en- and Discover are all urging this Con- lems with addiction, and many of those force existing law, which is something gress to take action to stop the illegal have resorted to criminal activities to I believe that we all agree on is in this use of their networks, and they have pay for the habit. On the other hand, country’s best interest. written letters endorsing this legisla- those that engage in legal gambling, Finally, I would like to share a cou- tion that every Member of this Con- they find only a third as many have be- ple of quick facts that sum up my sup- gress has gotten, and they have said it come permanently addicted.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.104 H10PT1 H5144 CONGRESSIONAL RECORD — HOUSE June 10, 2003 We have a wave in this country the police and courts to enforce contracts and tections. It does not require that the busi- which Dr. Schaffer at Harvard Medical resolve other disputes, they will be forced to nesses getting the special exception be li- School compares to a cocaine epidemic rely on members of organized crime to per- censed for Internet gambling, any kind of li- in gambling, a crack cocaine epidemic; form those functions. Thus, the profits of Inter- cense will do. It does not require that these and in a few minutes, each one of us net gambling will flow into organized crime. businesses keep minors from gambling as a will decide to end this addiction and Furthermore, outlawing an activity will raise condition of the license. It does not even re- this heartbreak and this threat to not the price vendors are able to charge con- quire that these businesses limit the amount only our sports programs in this coun- sumers, thus increasing the profits flowing to that can be gambled to protect problem gam- try but to our fabric as a Nation, or we organized crime from Internet gambling. It is blers. will decide to vote for the Cannon bitterly ironic that a bill masquerading as an And what about lotteries? Family values amendment and, again, kill this legis- attack on crime will actually increase orga- conservatives fight the lotteries in State after lation and put it off. nized crime’s ability to control and profit from State. They say that there is no greater evil I urge all the Members to take a Internet gambling. than State-sponsored gambling. The Justice strong stand against the killer amend- In conclusion, Mr. Speaker, H.R. 2143 vio- Department said in their testimony that this bill ments that will be offered, a strong lates the constitutional limits on Federal would ‘‘absolutely’’ allow Internet gambling on stand for this legislation. Join with the power. Furthermore, laws such as H.R. 2143 lotteries. credit card companies, the financial in- are ineffective in eliminating the demand for This is not just my interpretation of this bill. stitutions, the many church groups in vices such as Internet gambling; instead, they The Free Congress Foundation, led by con- this country, law enforcement officers, ensure that these enterprises will be controlled servative activist Paul Weyrich, says this bill National Governors Association, Attor- by organized crime. Therefore, I urge my col- expands gambling. The Traditional Values Co- neys General Association. If there is leagues to reject H.R. 2143, the Unlawful alition, led by the Reverend Lou Sheldon, says ever a clear vote in this House, this Internet Gambling Funding Prohibition Act. this bill expands gambling. The United States should be the vote. If there was ever a Mrs. MALONEY. Mr. Chairman, I rise in Justice Department says this bill expands unanimous vote in this House, this support of the Unlawful Internet Gambling gambling. And while many powerful gambling interests should be the vote. Funding Prohibition Act. While I support the receive an exemption, less favored interests Mr. BLUMENAUER. Mr. Chairman, I am bill, I am disappointed that the legislation get the short end of the stick. Native Ameri- troubled by and opposed to the increasing reli- could not be further refined to satisfy the con- cans became more tightly regulated than the ance of government on gambling. We are see- cerns of the Native American gaming commu- horse racing industries. It is unfair and unjusti- ing more evidence of its destructive power, nity. I firmly believe that in its final form, any fiable public policy. even as the current financial crisis is driving legislation must clarify the absolute legality of Instead of imposing an Internet gambling more States to expand their gaming oper- Native American gaming. prohibition that will actually expand gambling ations. Last Congress, in response to 9/11, the Fi- for some and drive other types of Internet Gaming has been one of the tools that has nancial Services Committee passed significant gambling offshore and into the hands of un- enabled Native Americans to regain some new legislation curbing money laundering. scrupulous merchants, I believe Congress economic footing after centuries of neglect, During the course of hearings on the legisla- should examine the feasibility of strictly licens- abuse, and broken promises. While this is not tion, law enforcement testified that Internet ing and regulating the online gaming industry. my favorite tool for their economic develop- gambling sites are often used for money laun- A regulated gambling industry will ensure that ment, I do not favor treating tribal interests dif- dering purposes by drug dealers and poten- gaming companies play fair and drive out dis- ferently than we do for other private and tially by terrorists. As I’ve often said, criminals honest operators. It also preserves State’s State-sponsored gaming. The State exemp- are like other business people in that they go rights. tions in this bill violate that fundamental prin- out of business if you limit their money. This The rules should be simple: if a State does cipal by regulating tribal gaming differently legislation will give law enforcement important not want to allow gambling in its borders, a li- from State gaming, which is unfair and ulti- new tools to cut off money laundering. censed operator should exclude that State’s mately an unwise precedent. I also support the legislation because I fear residents from being able to gamble on its I am opposed to illegal offshore betting and that the explosion of the Internet and the ac- website. I would be happy to regulate internet gam- cess that young people have to it in their That is why I introduced H.R. 1223, the bling. I stand ready, if we can ever breach the homes and schools creates an opportunity for ‘‘Internet Gambling Licensing and Regulation wide array of vested interests to support legis- them to fall victim to online gaming. The best Commission Act.’’ The bill will create a na- lation that does restrict gaming without sin- way to keep young people from getting tional Internet Gambling Licensing and Regu- gling out Native Americans for unequal treat- hooked on gambling is to limit their access to lation Study Commission to evaluate how best ment. This bill falls short of that mark, and I it. There is good reason that U.S. casinos do to regulate and control online gambling in will not support it. not permit individuals under 21 years of age America to protect consumers and prevent Mr. PAUL. Mr. Chairman, H.R. 2143 limits from entering the premises. criminal elements from penetrating this indus- the ability of individual citizens to use bank in- While I support the bill, I am concerned that try. In addition, the Commission will study struments, including credit cards or checks, to the concerns of the Native American gaming whether the problems identified by gambling finance Internet gambling. This legislation community have not been fully satisfied. Gam- prohibitionists—money laundering, underage should be rejected by Congress since the ing has raised standards of living and provided gambling, and gambling addictions—are better Federal Government has no constitutional au- economic development money to the Native addressed by an ineffective ban or by an on- thority to ban or even discourage any form of American community that was missing for too line gaming industry that is tightly regulated by gambling. long. Congress must not do anything to imperil the States. In addition to being unconstitutional, H.R. gaming as a source of much needed jobs and Until now, Republicans and Democrats have 2143 is likely to prove ineffective at ending commerce to reservations. I look forward to stood together against those who wanted to Internet gambling. Instead, this bill will ensure working with the Native American community regulate the Internet, restrict its boundaries, or that gambling is controlled by organized crime. on this issue going forward. use it for some special purpose. Except in the History, from the failed experiment of prohibi- Mr. CONYERS. Mr. Chairman, you might re- narrow areas of child pornography and other tion to today’s futile ‘‘war on drugs,’’ shows member a failed experiment the U.S. govern- obvious criminal activities, Congress has re- that the government cannot eliminate demand ment tried in the 1920s called Prohibition. jected attempts to make Internet Service Pro- for something like Internet gambling simply by Today, Congress is rushing to pass a similar viders, credit card companies, and the tech- passing a law. Instead, H.R. 2143 will force ill-conceived prohibition of Internet gambling. nology industry policemen for the Internet. We those who wish to gamble over the Internet to Gaming prohibitionists believe they can stop should not head down this road now. patronize suppliers willing to flaunt the ban. In the millions of Americans who gamble online Attempts to prohibit Internet gambling in the many cases, providers of services banned by by prohibiting the use of credit cards to gam- name of fighting crime and protecting children the government will be members of criminal ble on the Internet. Just as outlawing alcohol and problem gamblers will have the opposite organizations. Even if organized crime does did not work in the 1920s, current attempts to effect. Prohibition will simply drive the gaming not operate Internet gambling enterprises their prohibit online gaming will not work, either. Let industry offshore, thereby attracting the least competitors are likely to be controlled by orga- me explain why. desirable operators who will be out of the nized crime. After all, since the owners and In addition to the problems I addressed ear- reach of law enforcement. A far better ap- patrons of Internet gambling cannot rely on lier, this bill lacks a number of important pro- proach is to allow the States to strictly license

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K10JN7.106 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5145 and regulate the Internet gambling industry, to designated, identifying transactions by a code (A) credit, or the proceeds of credit, extended foster honest merchants who are subject to or codes in the authorization message and deny- to or on behalf of such other person (including U.S. consumer protection and criminal laws. ing authorization of a credit card transaction in credit extended through the use of a credit There are many different concerns with this response to an authorization message; card); (2) to the extent practical, permit any partici- (B) an electronic fund transfer or funds trans- bill, some of which I just mentioned. These pant in a payment system to choose among al- mitted by or through a money transmitting busi- concerns range from doubts about the desir- ternative means of identifying and blocking, or ness, or the proceeds of an electronic fund ability of having government regulate the per- otherwise preventing the acceptance of the transfer or money transmitting service, from or sonal behavior of competent adults to the fact products or services of the payment system or on behalf of the other person; that the bill, under the guise of banning Inter- participant in connection with, restricted trans- (C) any check, draft, or similar instrument which is drawn by or on behalf of the other per- net gambling, actually enables some favored actions; and (3) consider exempting restricted transactions son and is drawn on or payable at or through gambling industries on-line. There are con- any financial institution; or cerns about the bill’s fundamental unfairness from any requirement under subsection (a) if the Federal functional regulators find that it is not (D) the proceeds of any other form of financial transaction as the Federal functional regu- to native American tribal governments, and reasonably practical to identify and block, or lators may prescribe by regulation which in- concerns about the precedent of deputizing fi- otherwise prevent, such transactions. volves a financial institution as a payor or financial institutions to regulate the Internet. For (c) COMPLIANCE WITH PAYMENT SYSTEM POLI- nancial intermediary on behalf of or for the all of these concerns, I urge you to vote, ‘‘no’’ CIES AND PROCEDURES.—A creditor, credit card benefit of the other person. issuer, financial institution, operator of a ter- on H.R. 2143. (2) BETS OR WAGERS.—The term ‘‘bets or wa- Mr. BACHUS. Mr. Chairman, I yield minal at which an electronic fund transfer may gers’’— back the balance of my time. be initiated, money transmitting business, or (A) means the staking or risking by any per- The CHAIRMAN. All time for general international, national, regional, or local net- son of something of value upon the outcome of debate has expired. work utilized to effect a credit transaction, elec- a contest of others, a sporting event, or a game tronic fund transfer, or money transmitting subject to chance, upon an agreement or under- Pursuant to the rule, the bill is con- service, or a participant in such network, meets sidered read for amendment under the standing that the person or another person will the requirement of subsection (a) if— receive something of greater value than the 5-minute rule. (1) such person relies on and complies with amount staked or risked in the event of a cer- The text of H.R. 2143 is as follows: the policies and procedures of a designated pay- tain outcome; H.R. 2143 ment system of which it is a member or partici- (B) includes the purchase of a chance or op- Be it enacted by the Senate and House of Rep- pant to— portunity to win a lottery or other prize (which resentatives of the United States of America in (A) identify and block restricted transactions; opportunity to win is predominantly subject to Congress assembled, or chance); (B) otherwise prevent the acceptance of the (C) includes any scheme of a type described in SECTION 1. SHORT TITLE. products or services of the payment system, section 3702 of title 28, United States Code; This Act may be cited as the ‘‘Unlawful Inter- member, or participant in connection with re- (D) includes any instructions or information net Gambling Funding Prohibition Act’’. stricted transactions; and pertaining to the establishment or movement of SEC. 2. FINDINGS. (2) such policies and procedures of the des- funds in an account by the bettor or customer The Congress finds as follows: ignated payment system comply with the re- with the business of betting or wagering; and (1) Internet gambling is primarily funded quirements of regulations prescribed under sub- (E) does not include— through personal use of bank instruments, in- section (a). (i) any activity governed by the securities cluding credit cards and wire transfers. (d) ENFORCEMENT.— laws (as that term is defined in section 3(a)(47) (2) The National Gambling Impact Study Com- (1) IN GENERAL.—This section shall be en- of the Securities Exchange Act of 1934) for the mission in 1999 recommended the passage of leg- forced by the Federal functional regulators and purchase or sale of securities (as that term is de- islation to prohibit wire transfers to Internet the Federal Trade Commission under applicable fined in section 3(a)(10) of such Act); (ii) any transaction conducted on or subject to gambling sites or the banks which represent law in the manner provided in section 505(a) of the rules of a registered entity or exempt board them. the Gramm-Leach-Bliley Act. (3) Internet gambling is a major cause of debt of trade pursuant to the Commodity Exchange (2) FACTORS TO BE CONSIDERED.—In consid- Act; collection problems for insured depository insti- ering any enforcement action under this sub- (iii) any over-the-counter derivative instru- tutions and the consumer credit industry. section against any payment system, or any (4) Internet gambling conducted through off- ment; participant in a payment system that is a cred- shore jurisdictions has been identified by United (iv) any other transaction that— itor, credit card issuer, financial institution, op- States law enforcement officials as a significant (I) is excluded or exempt from regulation erator of a terminal at which an electronic fund money laundering vulnerability. under the Commodity Exchange Act; or transfer may be initiated, money transmitting (II) is exempt from State gaming or bucket SEC. 3. POLICIES AND PROCEDURES REQUIRED business, or international, national, regional, or shop laws under section 12(e) of the Commodity TO PREVENT PAYMENTS FOR UN- local network utilized to effect a credit trans- LAWFUL INTERNET GAMBLING. Exchange Act or section 28(a) of the Securities action, electronic fund transfer, or money trans- (a) REGULATIONS.—Before the end of the 6- Exchange Act of 1934; mitting service, or a participant in such net- month period beginning on the date of the en- (v) any contract of indemnity or guarantee; work, the Federal functional regulators and the (vi) any contract for insurance; actment of this Act, the Federal functional reg- Federal Trade Commission shall consider the (vii) any deposit or other transaction with a ulators shall prescribe regulations requiring any following factors: depository institution (as defined in section 3(c) designated payment system to establish policies (A) The extent to which such person is ex- of the Federal Deposit Insurance Act); and procedures reasonably designed to identify tending credit or transmitting funds knowing (viii) any participation in a simulation sports and prevent restricted transactions in any of the the transaction is in connection with unlawful game or an educational game or contest that— following ways: (I) is not dependent solely on the outcome of (1) The establishment of policies and proce- Internet gambling. (B) The history of such person in extending any single sporting event or nonparticipant’s dures that— singular individual performance in any single (A) allow the payment system and any person credit or transmitting funds knowing the transaction is in connection with unlawful Internet sporting event; involved in the payment system to identify re- (II) has an outcome that reflects the relative gambling. stricted transactions by means of codes in au- knowledge and skill of the participants with (C) The extent to which such person has es- thorization messages or by other means; and such outcome determined predominantly by ac- tablished and is maintaining policies and proce- (B) block restricted transactions identified as cumulated statistical results of sporting events; dures in compliance with regulations prescribed a result of the policies and procedures developed and under this subsection. pursuant to subparagraph (A). (III) offers a prize or award to a participant (D) The feasibility that any specific remedy (2) The establishment of policies and proce- that is established in advance of the game or prescribed can be implemented by such person dures that prevent the acceptance of the prod- contest and is not determined by the number of without substantial deviation from normal busi- ucts or services of the payment system in con- participants or the amount of any fees paid by ness practice. nection with a restricted transaction. those participants; and (b) REQUIREMENTS FOR POLICIES AND PROCE- (E) The costs and burdens the specific remedy (ix) any lawful transaction with a business li- DURES.—In prescribing regulations pursuant to will have on such person. censed or authorized by a State. subsection (a), the Federal functional regulators SEC. 4. DEFINITIONS. (3) DESIGNATED PAYMENT SYSTEM DEFINED.— shall— For purposes of this Act, the following defini- The term ‘‘designated payment system’’ means (1) identify types of policies and procedures, tions shall apply: any system utilized by any creditor, credit card including nonexclusive examples, which would (1) RESTRICTED TRANSACTION.—The term ‘‘re- issuer, financial institution, operator of a ter- be deemed to be ‘‘reasonably designed to iden- stricted transaction’’ means any transaction or minal at which an electronic fund transfer may tify’’ and ‘‘reasonably designed to block’’ or to transmittal to any person engaged in the busi- be initiated, money transmitting business, or ‘‘prevent the acceptance of the products or serv- ness of betting or wagering, in connection with international, national, regional, or local net- ices’’ with respect to each type of transaction, the participation of another person in unlawful work utilized to effect a credit transaction, elec- such as, should credit card transactions be so Internet gambling, of— tronic fund transfer, or money transmitting

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A10JN7.078 H10PT1 H5146 CONGRESSIONAL RECORD — HOUSE June 10, 2003 service, or any participant in such network, The Chair recognizes the gentle- I cannot understand why anyone that the Federal functional regulators deter- woman from New York (Mrs. KELLY). would oppose this amendment unless mine, by regulation or order, could be utilized in Mrs. KELLY. Mr. Chairman, I yield they want to change current law to connection with, or to facilitate, any restricted myself such time as I may consume. open up loopholes for themselves. transaction. I strongly support the Unlawful Mr. Chairman, it is time we put the (4) FEDERAL FUNCTIONAL REGULATOR.—The Internet Gambling Funding Prohibi- term ‘‘Federal functional regulator’’ has the crooks out of business. We have got to same meaning as in section 509(2) of the Gramm- tion Act, which seeks to cut off the stop the drain of the money-laundering Leach-Bliley Act. lifeblood of illegal Internet gambling. system that terrorists can access. I ask (5) INTERNET.—The term ‘‘Internet’’ means the As we consider this important legisla- for an emphatic ‘‘yes’’ vote on this international computer network of interoperable tion, I am offering an amendment to amendment and an emphatic ‘‘yes’’ packet switched data networks. clarify the intent of the legislation and vote on the final passage of this bill. (6) UNLAWFUL INTERNET GAMBLING.—The term to specifically address concerns raised Mr. Chairman, I yield back the bal- ‘‘unlawful Internet gambling’’ means to place, by those who oppose the bill. receive, or otherwise transmit a bet or wager by ance of my time. Over the last few weeks, there has The CHAIRMAN. The question is on any means which involves the use, at least in been a lot of inaccurate and misleading part, of the Internet where such bet or wager is the amendment offered by the gentle- unlawful under any applicable Federal or State information spread about H.R. 2143. Let woman from New York (Mrs. KELLY). law in the State in which the bet or wager is ini- us be clear about that, though. This The amendment was agreed to. tiated, received, or otherwise made. legislation does not change current law The CHAIRMAN. It is now in order to (7) OTHER TERMS.— by defining what is legal or illegal. It consider amendment No. 2 printed in (A) CREDIT; CREDITOR; AND CREDIT CARD.— simply ensures that we have a mecha- House Report 108–145. The terms ‘‘credit’’, ‘‘creditor’’, and ‘‘credit nism to enforce illegal activity under AMENDMENT NO. 2 OFFERED BY MS. JACKSON- card’’ have the meanings given such terms in the Federal law; but because reason- LEE OF TEXAS section 103 of the Truth in Lending Act. able minds can disagree, I offer this (B) ELECTRONIC FUND TRANSFER.—The term Ms. JACKSON-LEE of Texas. Mr. amendment in an abundance of caution ‘‘electronic fund transfer’’— Chairman, I offer an amendment. to put concerns to rest that this legis- (i) has the meaning given such term in section The CHAIRMAN. The Clerk will des- lation changes existing law. It does 903 of the Electronic Fund Transfer Act; and ignate the amendment. not. (ii) includes any fund transfer covered by Ar- The text of the amendment is as fol- ticle 4A of the Uniform Commercial Code, as in My amendment adds a straight- effect in any State. forward section to the bill entitled lows: (C) FINANCIAL INSTITUTION.—The term ‘‘finan- ‘‘Common Sense Rule of Construction’’ Amendment No. 2 offered by Ms. JACKSON- cial institution’’— to ensure that there are no carve-outs, LEE of Texas: Page 7, strike line 3 [page and line numbers (i) has the meaning given such term in section no loopholes, no new powers created by 903 of the Electronic Fund Transfer Act; and refer to H.R. 2143, as introduced on May 19, (ii) includes any financial institution, as de- any section of H.R. 2143. The amend- 2003] and all that follows through line 6 (and fined in section 509(3) of the Gramm-Leach-Bli- ment clearly states in one sentence redesignate the subsequent subparagraphs ley Act. that this legislation does not change and any cross reference to any such subpara- (D) MONEY TRANSMITTING BUSINESS AND any law, Federal law, State law or trib- graph accordingly). MONEY TRANSMITTING SERVICE.—The terms al law, governing gambling in the The CHAIRMAN. Pursuant to House ‘‘money transmitting business’’ and ‘‘money United States. Resolution 263, the gentlewoman from transmitting service’’ have the meanings given I urge my colleagues to support this Texas (Ms. JACKSON-LEE) and a Mem- such terms in section 5330(d) of title 31, United amendment and the underlying legisla- States Code. ber opposed each will control 5 min- tion that will give law enforcement an utes. The CHAIRMAN. No amendment to important new tool to fight crime, stop The Chair recognizes the gentle- the bill shall be in order except those terrorism, and to protect families woman from Texas (Ms. JACKSON-LEE). printed in House Report 108–145. Each across America. (Ms. JACKSON-LEE of Texas asked amendment may be offered only in the Mr. Chairman, I reserve the balance and was given permission to revise and order printed in the report, may be of- of my time. extend her remarks.) fered only by a Member designated in Ms. HOOLEY of Oregon. Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. the report, shall be considered read, de- man, I ask unanimous consent to claim Chairman, I yield myself such time as batable for the time specified in the re- the time otherwise reserved for the op- I may consume. port, equally divided and controlled by position. Mr. Chairman, I propose this amend- the proponent and an opponent, shall The CHAIRMAN. Is there objection ment to H.R. 2143 to protect minors not be subject to amendment, and shall to the request of the gentlewoman from the dangers of Internet gambling. not be subject to a demand for division from Oregon? This amendment removes credit card of the question. There was no objection. transactions from categories of prohib- It is now in order to consider amend- Ms. HOOLEY of Oregon. Mr. Chair- ited financial transactions under the ment No. 1 printed in House Report man, I yield myself such time as I may bill. The purpose of removing credit 108–145. consume. cards from the list of prohibited finan- AMENDMENT NO. 1 OFFERED BY MRS. KELLY I am supportive of the gentlewoman from New York’s (Mrs. KELLY) amend- cial transactions is that credit cards Mrs. KELLY. Mr. Chairman, I offer have built-in mechanisms that protect an amendment. ment. I think it is a great idea that she came up with to make very clear what children from the dangers of Internet The CHAIRMAN. The Clerk will des- gambling. I urge my colleagues to vote ignate the amendment. this bill does and does not do. Mr. Chairman, I have no further in favor of my amendment to H.R. 2143. The text of the amendment is as fol- speakers, and I yield back the balance A study released by the American lows: of my time. Psychological Association finds that Amendment No. 1 offered by Mrs. KELLY: Mrs. KELLY. Mr. Chairman, I yield pathological gambling is more preva- Page 13, after line 2, [page and line num- myself such time as I may consume. lent among youth than adults. Between bers refer to H.R. 2143, as introduced on May In closing, this is one of the simplest 5 and 8 percent of the young Americans 19, 2003] insert the following new section: amendments I have ever offered on the and Canadians have a serious gambling SEC. 5. COMMON SENSE RULE OF CONSTRUC- TION. floor of this Chamber. In one sentence problem, compared to 1 to 3 percent of No provision of this Act shall be construed this amendment says the legislation adults. Let me repeat that again, Mr. as altering, limiting, extending, changing does not change any law governing Chairman. Between 5 and 8 percent of the status of, or otherwise affecting any law gambling in the United States of Amer- young Americans and Canadians, relating to, affecting, or regulating gambling ica. It makes clear that the legislation young people, have a serious gambling within the United States. simply seeks to cut off the financial problem compared to 1 to 3 percent of The CHAIRMAN. Pursuant to House flow to the unlawful Internet casino in- adults. The study went on to say that Resolution 263, the gentlewoman from dustry. It guarantees there are no with gambling becoming more acces- New York (Mrs. KELLY) and a Member carve-outs in the bill, no loopholes, no sible in U.S. society it will be impor- opposed each will control 5 minutes. new powers created by any section. tant to be able to intervene in children

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.060 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5147 and adolescent lives before the activity Just about a year ago, we rewarded engage in Internet gambling. For example, ac- can develop into a problem behavior. credit card companies with respect to a quiring a credit card requires the individual to Many Internet gambling sites require new bankruptcy bill on the issue of verify he or she has reached the age of 18. bare minimum information from gam- credit card debt. Here we can utilize Credit cards are an effective method of blers to participate. Security on bets credit card companies to do something verifying age because minors are not issued placed over the Internet has proven ineffective and good to protect our chil- their own accounts. Credit card companies effective; and unlike traditional regu- dren. may also conduct a background or credit lated casinos, Internet operators have Mr. Chairman, the age verification check to confirm the individual is of age. The no demonstrated ability or require- and merchandise tracking safeguards procedures help to deter minors from using ment to verify a participant’s age or provided by credit cards are not suffi- credit cards to gamble. identification. Also, an Internet gam- cient alone to cure the problem of mi- In fact, in previous legislation passed by bling site can easily take a person’s nors engaging in Internet gambling. I Congress to protect children from harmful money, shut down their site and move know that. However, these safeguards Internet sites, credit cards were used as a de- on. My amendment will allow the use are a step in the right direction, and terrent. In the Children’s Online Privacy Pro- of credit cards to provide the protec- they will prevent some minors from tection Act (‘‘COPPA’’) Congress specifically tions that many Internet gambling using the Internet gambling Web sites allowed the use of credit cards as a method sites do not. that remain, even in spite of this bill. of age verification in order to restrict access As H.R. 2143 is presently drafted, no If we pass this legislation without this betting or waging businesses may by minors to websites containing adult mate- amendment to H.R. 2143, we will elimi- knowingly accept credit cards, pro- rial. By prohibiting the use of credit cards, nate the one proven method of effec- ceeds of credit, electronic fund trans- H.R. 2143 ties the hands of law enforcement tively preventing children from access- fers, moneys transmitted through a agencies and federal regulatory agencies like ing Internet gambling Web sites. money-transmitting business or a the FTC to ensure sufficient controls to identify For these reasons, I ask that my col- check or similar draft in connection minors who may attempt to gamble online. leagues enthusiastically join me in with another person’s participation in There were also transactional safeguards amending H.R. 2143 so that credit cards unlawful Internet gambling. available from credit card companies that will Allowing credit cards to be used in can be used and thereby protect chil- help prevent Internet gambling by minors. For Internet gambling transactions helps dren, America’s children, 8 percent of example, several of the major credit card com- to protect minors. Credit cards, unlike whom are engaged or addicted to gam- panies have a coding system that tracks the the other methods of payment prohib- bling from those activities and access type of merchandise that is being sold by a ited in H.R. 2143, provide safeguards to to Internet gambling. merchant. The coding system alerts the credit help to ensure minors do not engage in Mr. Chairman, I propose this amendment to card company and the credit card owner of Internet gambling. For example, ac- H.R. 2143 to protect minors from the dangers purchases or charges that are not typical. For quiring a credit card requires the indi- of Internet gambling. This amendment re- example, if a child steals his parents’ credit vidual to verify he or she has reached moves credit card transactions from categories card and makes several bets on an Internet the age of 18. Credit cards are an effec- of prohibited financial transactions under the gambling website, the coding system will rec- tive method of verifying age because bill. The purpose of removing credit cards from ognize the new purchases, alert the credit minors are not issued their own ac- the list of prohibited financial transactions is card owner, who in turn can take the nec- counts. Credit card companies may that credit cards have built in mechanisms that essary steps to stop the gambling by the also conduct a background or credit protect children from the dangers of Internet minor. check to confirm the individual is of gambling. I urge my colleagues to vote in Mr. Chairman, the age verification and mer- age. The procedures help to deter mi- favor of my amendment to H.R. 2143. chandise tracking safeguards provided by nors from using credit cards to gamble. A study released by the American Psycho- credit cards are not sufficient alone to cure the In fact, in previous legislation passed logical Association finds that pathological gam- problem of minors engaging in Internet gam- by Congress to protect children from bling is more prevalent among youths than bling. However, these safeguards are a step in harmful Internet sites, credit cards adults. Between five and eight percent of the right direction and they will prevent some were used as a deterrent in the Chil- young Americans and Canadians have a seri- minors from using Internet gambling websites. dren’s Online Privacy Protection Act, ous gambling problem, compared with one to If we pass this legislation without amendment, COPPA. Congress specifically allowed three percent of adults. The study went on to H.R. 2143 will eliminate the one proven meth- the use of credit cards as a method of say that with gambling becoming more acces- od of effectively preventing children from ac- age verification in order to restrict ac- sible in U.S. society, it will be important to be cessing Internet gambling websites. For these cess by minors to Web sites containing able to intervene in children’s and adoles- reasons, I propose that H.R. 2143 be amend- adult material. Does it not seem log- cent’s lives before the activity can develop into ed so that credit cards can be used by betting ical for Congress to follow its own a problem behavior. and wagering businesses. logic? By prohibiting the use of credit Many Internet gambling sites require bare The CHAIRMAN. The gentlewoman’s cards, H.R. 2143 ties the hands of law minimum information from gamblers to partici- time has expired. pate. Security on bets placed over the Internet enforcement agencies and Federal reg- b 1745 ulatory agencies like the FTC to en- has proven ineffective. And unlike traditional sure sufficient control to identify mi- regulated casinos, Internet operators have no Mr. BACHUS. Mr. Chairman, I rise to nors who may attempt to gamble on- demonstrated ability or requirement to verify a claim the time in opposition to the line. participant’s age or identification. Also, an amendment. There are also transactional safe- Internet gambling site can easily take a per- The CHAIRMAN. The gentleman guards available from credit card com- son’s money, shut down their sites, and move from Alabama (Mr. BACHUS) is recog- panies that will help prevent Internet on. My amendment will allow the use of credit nized for 5 minutes. gambling by minors. For example, sev- cards to provide the protections that many Mr. BACHUS. Mr. Chairman, I yield eral of the major credit card companies Internet gambling sites do not. myself such time as I may consume. have a coding system that tracks the As H.R. 2143 is presently drafted, no betting Mr. Chairman, the gentlewoman from type of merchandise that is being sold or wagering businesses may knowingly accept Oregon (Ms. HOOLEY), the gentleman by a merchant. The coding system credit cards, proceeds of credit, electronic from Ohio (Mr. OXLEY), and I intro- alerts the credit card company and the fund transfers, monies transmitted through a duced this legislation, and I think the credit card owner of purchases and money-transmitting business, or a check or gentleman from Ohio (Mr. OXLEY) prob- charges that are not typical. For exam- similar draft, in connection with another per- ably said it best when he described the ple, if a child steals his parent’s credit son’s participation in unlawful Internet gam- Jackson-Lee amendment as gutting the card and makes several bets on an bling. bill by removing from it the major Internet gambling Web site, the coding Allowing credit cards to be used in Internet source of financing for illegal Internet system will recognize the new pur- gambling transactions helps to protect minors. gambling, and that is credit cards. chases, alert the credit card owner, Credit cards, unlike the other methods of pay- What this entire legislation is about who in turn can take necessary steps to ment prohibited in H.R. 2143, provide safe- is about cutting off the money, because stop the gambling by the minor. guards that help to insure that minors do not these illegal Internet gamblers are not

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.111 H10PT1 H5148 CONGRESSIONAL RECORD — HOUSE June 10, 2003 offering a public service, they are mak- I urge this body to defeat this amend- much money on horses and dogs and ing money. They are, in fact, making a ment, defeat the poison pill that will lotteries and jai lai as they can lose on killing. It is all about money, and the be offered next and vote on final pas- other forms of Internet gambling. I way we address it is by cutting off the sage of this bill without these killer strongly urge support of this amend- money. Removing credit cards from the amendments. ment. This is a loophole that is big financial instrument covered under the Mr. Chairman, I yield back the bal- enough to drive a truck through. By bill is tantamount to saying we are ance of my time. passing the amendment, we close the only going to pretend to address the The CHAIRMAN. The question is on loophole. problem of illegal Internet gambling. the amendment offered by the gentle- Mr. Chairman, I reserve the balance No one should seriously contend that woman from Texas (Ms. JACKSON-LEE). of my time. children are not now gambling over the The question was taken; and the Mr. BACHUS. Mr. Chairman, I rise to Internet using credit cards in too many Chairman announced that the noes ap- claim the time in opposition. instances. How difficult is it to borrow, peared to have it. The CHAIRMAN. The gentleman from Alabama (Mr. BACHUS) is recog- with or without permission, mom or Ms. JACKSON-LEE. Mr. Chairman, I dad’s credit card and gamble over the nized for 10 minutes. demand a recorded vote. Mr. BACHUS. Mr. Chairman, I yield 3 Internet. College kids are doing it The CHAIRMAN. Pursuant to clause minutes to the gentleman from Ken- every day; teenagers are doing it every 6 of rule XVIII, further proceedings on tucky (Mr. ROGERS) in opposition to day. How difficult is it for a thief to ob- the amendment offered by the gentle- the amendment. tain someone else’s credit card number woman from Texas (Ms. JACKSON-LEE) Mr. ROGERS of Kentucky. Mr. Chair- to gamble over the Internet? They will be postponed. man, I rise in strong opposition to the steal blank checks, they cash worthless It is now in order to consider amend- amendment offered by the gentleman checks, and they steal credit cards, all ment No. 3 printed in House report 108– from Wisconsin (Mr. SENSENBRENNER) to feed their addiction. A slew of iden- 145. and in support of the base bill before tity theft cases have hit this country AMENDMENT NO. 3 OFFERED BY MR. us. The bill before us effectively in recent months. Many of those may, SENSENBRENNER achieves its purpose, to prevent people in fact, have been driven by this very Mr. SENSENBRENNER. Mr. Chair- from using credit on illegal gambling addiction. man, I offer an amendment. activities, particularly offshore Inter- This is a damaging amendment de- The CHAIRMAN. The Clerk will des- net sites. signed to turn a very strong enforce- ignate the amendment. But if this amendment should be ment bill into a weak shadow of itself. The text of the amendment is as fol- adopted, we might as well just call this I strongly urge a no vote on it. I would lows: bill the ‘‘Horse Racing Prohibition like to close by reading a letter from Amendment No. 3 offered by Mr. SENSEN- Act’’ because it will literally kill that MasterCard because we are told they BRENNER: entire industry. The intent of the already have everything they need to Page 9, line 22, after the semicolon, insert amendment is not to prevent illegal ac- do in doing it, and this is a letter to ‘‘and’’. tivity, rather it is intended to make the gentleman from Ohio (Mr. OXLEY). Page 10, line 17, strike ‘‘; and’’ and insert a current legal activities illegal. ‘‘I am now writing to communicate period. If the language regarding State li- MasterCard’s strong support for appro- Page 10, strike lines 18 and 19. cense domestic wagering were elimi- priate measures to combat illegal The CHAIRMAN. Pursuant to House nated or changed, this legislation Internet gambling. In particular, we Resolution 263, the gentleman from would not simply prohibit credit in commend the efforts of you and your Wisconsin (Mr. SENSENBRENNER) and a connection with Internet gambling, it colleagues on H.R. 2143. This legisla- Member opposed each will control 10 would restrict the day-to-day wagering tion will build on the rules developed minutes. activities of millions of horse racing by MasterCard and enable MasterCard The Chair recognizes the gentleman fans by limiting financial clearing to block branded payment card trans- from Wisconsin (Mr. SENSENBRENNER). transactions with domestic wagering actions in connection with Internet Mr. SENSENBRENNER. Mr. Chair- facilities. As a result, this would se- gambling. These rules have been ex- man, I ask unanimous consent that 5 verely curtail simulcast wagering and tremely effective in impeding the use minutes of my time be yielded to the personal account wagering on any of U.S.-issued MasterCard branded pay- gentleman from Michigan (Mr. CON- horse race. ment cards for Internet gambling YERS) and that he may yield blocks of Not surprisingly, over 80 percent of transactions. MasterCard believes that that time as he sees fit. the amount bet on horse racing is wa- H.R. 2143, introduced by Congressman The CHAIRMAN. Is there objection gered at locations other than where the race is run. The result of this amend- SPENCER BACHUS, would establish a to the request of the gentleman from ment, should it pass, would be cata- workable framework for combating il- Wisconsin? strophic to the $34 billion racing/horse legal Internet gambling. We are com- There was no objection. breeding industry, especially to the mitted to working with you and your Mr. SENSENBRENNER. Mr. Chair- man, I yield myself 1 minute. States that rely on it for tax revenue colleagues to further refine and pass and the 500,000 full-time jobs it sup- this legislation as Congress seeks to Mr. Chairman, this is the amendment that has been the subject of much ports. provide a legislative solution to this In Kentucky alone, there are 460 name-calling by the proponents of this important problem.’’ thoroughbred farms, 150,000 horses, 8 bill. I ask the membership to look at MasterCard, Discover, American Ex- tracks and 52,000 jobs which add $3.4 press, Visa, the Nation’s largest banks, the amendment. It strikes the carve- billion directly to the State’s economy. Household Finance, Morgan Stanley, I out that the authors of this bill put in On top of this, the U.S. horse racing in- could go on and on, have all endorsed to exempt horse racing, dog racing, dustry is already one of the most high- this legislation because it will work. It State lotteries and other forms of gam- ly regulated industries in the country, will not cut off everything, but the bill bling from the proposed regulations of governed by both Federal and State as presently constituted covers money this bill. laws. orders, it covers e-cash, it covers wire I believe that Internet gambling States like Kentucky have highly so- transfers, but it also covers credit should be eliminated; but to have a phisticated systems in place to ensure cards and it must cover credit cards to carve-out for horses and dogs and lot- that each transaction is made in ac- be a comprehensive approach. teries and jai lai, and Lord knows what cordance with the law. Because of this As the gentleman from Iowa (Mr. else, means that people will be able to State regulation, the integrity of gam- LEACH) said and as the gentleman from use the Internet and use their credit ing site operators, the identity of the Virginia (Mr. GOODLATTE) has said, cards to place bets and lose a lot of participants, consumer fraud and there are more effective things we money. money laundering are not at issue. could do, and hopefully we will to No, if Internet gambling is addictive, It is ironic that this Congress would them, but both of them have strongly we ought to close the loophole, because stand here today and attempt to tram- endorsed this legislation as a first step. minors and others can lose just as ple on the rights of States to regulate

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.113 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5149 their own businesses. The adoption of no sense for Congress to usurp States’ stand it. The U.S. Department of Jus- this amendment would be the triple rights with the result being a loss of tice and the National Association of crown of injustices. It would put hard- employment of Americans and State Attorneys General have expressed working folks out of work, it would revenue. themselves on this issue. In testimony take away much-needed revenue from The underlying bill rightfully bans before the Senate Banking Committee, the States, and it would deprive honest credit card use for illegal gambling. John Malcolm of the U.S. Department folks the fun of putting a couple of Casino-style offshore Web sites are not of Justice testified that the aforemen- bucks down on their favorite horse to regulated. They do not pay taxes, and tioned section, the carve-out section, win, place, or show. I ask Members to they do not employ Americans. They was one of the reasons DOJ could not reject the Sensenbrenner amendment are illegal, and American banks should endorse Senate 627, which is nearly and support the bill as written. not help facilitate them. But the issue identical to H.R. 21 and now H.R. 2143. Mr. CONYERS. Mr. Chairman, I yield here is whether Congress is going to Testifying on behalf of the National myself 2 minutes. make a policy that says Americans Association of Attorneys General, Mr. Chairman, what an exciting day cannot use credit cards to engage in be- Richard Blumenthal, Attorney General on the floor of the House. The Unlawful havior which in their State is legal. of Connecticut, warned that under that Internet Gambling Funding Prohibi- Not illegal, but legal. bill the exceptions could swallow the tion Act just happens to have one prob- I would respectfully argue that Con- rule. Certainly in those States where lem: It accepts horse racing. Now, can gress should do no such thing and gambling is outlawed or some gam- somebody explain to me why that is should oppose this amendment. bling is outlawed, the exceptions could so? We are going to ban Internet gam- Mr. SENSENBRENNER. Mr. Chair- swallow the rule. In testimony before bling except horse racing. Why? man, I yield the balance of my time to the House Committee on the Judiciary, Well, it is because the horse racing the gentleman from Utah (Mr. CAN- when asked if that action would allow lobbyists and the dog racing lobbyists NON). lotteries to go online, Malcolm re- have said that is what we ought to do. Mr. CANNON. I want to thank the sponded, ‘‘Absolutely.’’ You cannot do Why did they write a bill like this? chairman of the Committee on the Ju- that in Utah today, but you will be This is a bill that expands gambling, diciary for his work on this matter. able to if this law preempts local State expands gambling by accepting two in- Mr. Chairman, I would like to begin law. dustries. by expressing my great esteem for the Thus, H.R. 21 is not really an Inter- Now I have been in touch with Rev- proponents of this bill. I believe that net gambling prohibition bill. You erend Lou Sheldon of the Traditional they honestly think that this bill will might actually consider it an Internet Values Coalition and Paul of the Free limit or, to some degree, prohibit or gambling industrial policy bill because Congress Foundation, and they have slow the growth of the pernicious vice we are choosing a favored class of told me this is a bad, bad bill, not to do of gambling on the Internet. I am per- state-sponsored Internet gambling it. We have a wire act from 1961 that sonally not convinced that that will under this bill. Last year during consideration of a has forbidden gambling, and now we happen; and if I might, I would like to similar bill, H.R. 3215 in the 107th Con- are making the exception for horse rac- just focus on comments by the last two gress, the Committee on the Judiciary ing. Can someone suggest why this bill gentlemen who have spoken. voted overwhelmingly against allowing was written this way? Anyone on the The gentleman from Kentucky talks carve-outs in Internet gaming legisla- floor, I yield. about 52,000 jobs in his State that de- tion. Last year when the Committee on I did not think so. pend upon horse racing, which is cur- the Judiciary was considering the Mr. BACHUS. Mr. Chairman, can I rently legal in his State and currently Goodlatte Internet gambling bill, inquire as to the time left on each side? legal in many other States in the which had similar carve-outs, I offered The CHAIRMAN. The gentleman Union and around the world. The gen- amendments to strike those carve- from Wisconsin (Mr. SENSENBRENNER) tleman from Florida has just talked outs. The amendments were adopted by has 4 minutes. The gentleman from about 700,000 jobs in the country or wide margins, and the bill as modified Alabama (Mr. BACHUS) has 7 minutes. more that relate to horse racing and 30,000 jobs that relate to dog racing; was reported overwhelmingly by the The gentleman from Michigan (Mr. committee. CONYERS) has 31⁄2 minutes. and, of course, the other two exceptions that are carved out in the under- The argument that the provisions Mr. BACHUS. Mr. Chairman, I yield 2 simply allow States to regulate intra- lying bill are jai alai, which is, of minutes to the gentleman from Florida state wagers does not wash. The provi- course, a big sport in Florida, and (Mr. WEXLER). sion is an exception from the definition State-run lotteries. Mr. WEXLER. Mr. Chairman, I rise of ‘‘bets or wagers.’’ It is not confined in opposition to the amendment from The problem with this bill and the reason we have so much emotion and to intrastate. It essentially says that the gentleman from Wisconsin (Mr. state-licensed facilities can do any- so much emotional support for the idea SENSENBRENNER), chairman of the thing their license allows them to do, that this amendment is bad is that this Committee on the Judiciary. I oppose be it pari-mutuel, casino-style, or any amendment might make those activi- it because it prohibits Americans from other kind of betting. using their credit cards for behavior ties illegal when in fact what this This bill is ill considered despite the that is entirely legal. Pari-mutuels, amendment does is eliminate carve- great intentions of its proponents. I horse tracks, dog tracks, and jai lai outs and eliminate gambling that is urge my colleagues to vote against it. frontons are all legal in many States. now illegal. The problem for me is that Mr. CONYERS. Mr. Chairman, I yield They are heavily regulated. They pay I represent the State of Utah, one of such time as she may consume to the taxes. They provide jobs, and in many only two States that actually totally gentlewoman from Texas (Ms. JACK- communities are an important part of prohibits gambling. The other State is SON-LEE). the tourism industry and local culture. Hawaii. From the perspective of our Ms. JACKSON-LEE of Texas. Mr. That is why the National Governors States, and I say this with all due re- Chairman, I ask unanimous consent to Association is against this amendment. spect, this is not the Internet Gam- withdraw my recorded vote request on bling Prohibition Act, this is Internet b 1800 the Jackson-Lee amendment. I will Gambling Enabling Act. It actually al- work in conference to make sure that Pari-mutuels employ thousands of lows gaming in Utah and will do so in children are protected in America. Americans and provide enjoyment to Utah and Hawaii and other States The CHAIRMAN pro tempore (Mr. millions more. The horse racing indus- where there are limitations on gam- SIMPSON). Is there objection to the re- try generates $34 billion a year and cre- bling unless the carve-outs are request of the gentlewoman from Texas? ates 472,000 full-time jobs in America. moved. There was no objection. Greyhound racing is a $2.3 billion in- The underlying bill provides these The CHAIRMAN pro tempore. The re- dustry creating over 30,000 jobs in major carve-outs, and I think we have quest for a recorded vote is withdrawn America. They both provide very need- broad consensus from those who have and, pursuant to the voice vote, the ed tax revenue to our States. It makes actually looked at the bill and under- amendment is not agreed to.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.115 H10PT1 H5150 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Mr. CONYERS. Mr. Chairman, I am pari-mutuel horse racing know the im- Mr. INSLEE. Mr. Chairman, unequal pleased to yield 1 minute to the gen- portance of the economic impact of treatment of American Indians and tleman from Michigan (Mr. KILDEE). gaming in the form of jobs and tax rev- American Indian tribes is not an Amer- Mr. KILDEE. Mr. Chairman, as a enue generated to the State. State gov- ican value. I have great respect for strong opponent of Internet gaming, I ernments across the country are grap- those who resist this amendment be- rise in support of the Sensenbrenner- pling with shortfalls. cause I believe they are acting in sin- Conyers-Cannon amendment. The Tra- Regardless of what you hear, that is cere good faith and trying to establish ditional Values Coalition supports this what passage of this amendment will American values. But we need to pass amendment, which removes the exemp- do. We need to oppose this amendment this amendment to assure that the tion that would allow state-licensed or and support H.R. 2143. American value of fair treatment of authorized businesses to conduct Inter- Mr. CONYERS. Mr. Chairman, I yield American Indians, which has been de- net gambling. The bill does not provide 1 minute to the gentleman from New nied them in certain times in our his- equivalent treatment for tribal govern- Jersey (Mr. PALLONE). tory, to our great shame, is not re- ments. If this bill becomes law, the Mr. PALLONE. Mr. Chairman, I rise peated in this bill. outcome will result in the unequal in support of the Sensenbrenner This amendment, when passed, will treatment of Indian tribes because the amendment. The underlying bill, as we assure that we do not have special in- current Federal law, the Wire Commu- know, exempts transactions with a terest legislation just for non-Indian nications Act that prohibits Internet business licensed or authorized by a Americans. Indian and non-Indian gambling will apply only then to In- State from the definition of ‘‘bet or Americans ought to be treated the dian tribes. Only state-licensed busi- wager.’’ This will permit lotteries, same. That will not happen unless we nesses will be permitted to conduct horse and dog tracks and other gam- pass this amendment. I will tell Members why I feel so Internet gambling. bling operations to go on the Internet, strongly about this. About a year ago, Mr. Chairman, this bill will actually but does not cover transactions with I was driving through the Tulalip In- make it possible to expand Internet tribal governments. It is simply unfair dian reservation by Marysville, Wash- gambling rather than prohibit it. This not to provide parity for Indian tribes. ington. I spent a lot of time in my If this bill becomes law, the outcome amendment eliminates the special in- youth there. I noticed a new building will result in unequal treatment of In- terest exemption for various gambling that had just gone up. It was the first groups that support the bill. I urge my dian tribes because the current Federal Boys and Girls Club on an Indian res- colleagues to support the amendment. law that prohibits Internet gambling ervation in America. Today as we Mr. BACHUS. Mr. Chairman, I yield 2 will only apply to Indian tribes. With speak, there are kids there who are minutes to the gentleman from Ken- this bill, only state-licensed businesses learning teamwork and new skills and tucky (Mr. LUCAS), who rises in opposi- will be permitted to conduct Internet getting new job training at that Boys tion to the amendment. gambling. The gentleman from Wiscon- and Girls Club. The reason that club is Mr. LUCAS of Kentucky. Mr. Chair- sin’s amendment, with the gentleman there is because of this industry, this man, as the cochair of the Congres- from Michigan, ensures fairness for ev- legal industry. sional Horse Caucus and a Member eryone, placing tribes and States on a Let us not hearken back to the dark from Kentucky, I agree with the gen- level playing field. Indian gaming, as days of treating Indian tribes with less tleman from Kentucky (Mr. ROGERS). we know, has provided tribal commu- respect of law than other industries in Kentucky is where more thoroughbreds nities with economic self-reliance; and America. Let us pass this amendment. are born each year than in any other it has also helped to create jobs in sur- Let us do what is right for a lot of State. I rise in strong opposition to rounding communities, not just for folks, including the Boys and Girls this amendment, an amendment that tribes but for other people in the sur- Club and the Tulalip Indian reserva- seeks to change the very intent of the rounding communities. It is simply un- tion. bill before us. Horse racing is one of fair not to provide parity. Mr. BACHUS. Mr. Chairman, I in- the most highly regulated industries, I would ask my colleagues to vote in clude for the RECORD a letter from the and we do not want to do harm to an favor of the Sensenbrenner amendment United Methodist Church, the National industry that employs well over half a if they feel strongly that there should Council of Churches, and four other million people nationwide. be parity for Indian tribes. faith-based organizations and a letter The title of the bill, the Unlawful Mr. BACHUS. Mr. Chairman, I yield 1 from the National Governors Associa- Internet Gambling Funding Prohibi- minute to the gentleman from Virginia tion in opposition to the Sensen- tion Act, says it all. The intent is to (Mr. WOLF) in opposition to the Can- brenner amendment. address the problem of unlawful, un- non-Sensenbrenner amendment. JUNE 3, 2003. regulated gambling over the Internet. Mr. WOLF. Mr. Chairman, I rise in House of Representatives, H.R. 2143 does this while respecting ex- strong opposition to the Sensenbrenner Washington, DC. isting Federal and State gambling amendment. There has been a lot of DEAR REPRESENTATIVE: As a diverse bipartisan coalition of family and faith-based or- laws. talk on the floor and sometimes what ganizations, we are very concerned with the We have heard supporters of this appears to be is not to be. It is very, effects of gambling on our society and the amendment argue that it is needed be- very confusing to somebody who is well-being of young people and families. We cause it will keep the bill from expand- watching it. Simply, it is a poison pill. write to strongly support the passage of H.R. ing Internet gambling. This is just not The Sensenbrenner amendment is a 2143. To Prevent the Use of Certain Bank In- true. In fact, the bill itself without this poison pill. If you want to kill the bill, struments for Unlawful Internet Gambling, amendment deals only with the use of and for Other Purposes. Internet Gambling is vote for Sensenbrenner. It looks good. already against the law in all 50 states, yet credit cards and other bank instru- It looks good, but it will hurt the ef- offshore gambling interests continue to oper- ments in connection with unlawful fort. Many people, particularly young ate without any accountability and are Internet wagering. The bill does not people, will be hurt by the failure of available in every state by utilizing the change any Federal or State gambling this bill to pass. Internet. We urge you to support H.R. 2143 provision. It does not make any unlaw- If you want this bill to pass, if you and reject any amendment or proposal which ful gambling lawful. It does not make are opposed to Internet gambling, if would weaken the bill or hinder its enforcement according to current federal law. any lawful gambling unlawful. And it you care about the future of these The National Gambling Impact Study does not override any State prohibi- young people, I ask you to vote against Commission Report presents a disturbing tions or requirements. the Sensenbrenner amendment and and devastating picture of the effect of gam- The National Governors Association vote in support of the base bill. bling on families. Some crucial points to is opposed to this amendment because Mr. CONYERS. Mr. Chairman, I yield consider in this report as it relates to Inter- they understand and support this dis- the balance of my time to the gen- net gambling are: Gambling costs society $5 billion a year in tinction in the bill and its purpose. tleman from Washington (Mr. INSLEE). societal costs including, job loss, unemploy- Governors in States like Kentucky (Mr. INSLEE asked and was given ment benefits, welfare benefits, poor phys- that allow lawful, state-sanctioned and permission to revise and extend his re- ical and mental health, and problem or path- regulated gaming activities such as marks.) ological gambling treatment, bankruptcy,

VerDate Jan 31 2003 06:09 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.118 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5151 arrests, imprisonment, legal fees for divorce, b 1815 that reinforces the rights of the States and so forth. Mr. BACHUS. Mr. Chairman, I yield to decide whether or not to prohibit Because the Internet can be used anony- gambling, and I urge my colleagues to mously, the danger exists that access to the balance of my time to the gen- Internet gambling will be abused by under- tleman from Virginia (Mr. GOODLATTE), oppose this amendment. age gamblers, our children and youth. who, second to none, has led the fight The CHAIRMAN pro tempore (Mr. The high-speed instant gratification of against this illegal Internet gambling. SIMPSON). All time for debate has ex- Internet games and the high level of privacy (Mr. GOODLATTE asked and was pired. they offer may exacerbate problem and path- given permission to revise and extend The question is on the amendment ological gambling. Lack of accountability also raises the po- his remarks.) offered by the gentleman from Wis- tential for criminal activities, which can Mr. GOODLATTE. Mr. Chairman, I consin (Mr. SENSENBRENNER). occur in several ways. First, there is the pos- thank the chairman, the gentleman The question was taken; and the sibility of abuse by gambling operators. Most from Alabama, for his leadership on Chairman pro tempore announced that Internet service providers hosting Internet this legislation, which is a big step for- the noes appeared to have it. gambling operations are physically located ward in the fight against Internet gam- RECORDED VOTE offshore; as a result, operators can alter, bling. This amendment, as the gen- move, or entirely remove sites within min- Mr. SENSENBRENNER. Mr. Chair- utes. Furthermore, gambling on the Internet tleman from Virginia (Mr. WOLF) de- man, I demand a recorded vote. provides an easy means for money laun- scribed, is indeed a poison pill. The rea- A recorded vote was ordered. dering. Internet gambling provides anonym- son is, it does not have any effect on The vote was taken by electronic de- ity, remote access, and encrypted data. To the lawfulness or the unlawfulness of vice, and there were—ayes 186, noes 237, launder money, a person need only deposit gambling, the provision that they want not voting 11, as follows: money into an offshore account, use those to pull out. That provision simply pro- funds to gamble, lose a small percent of the [Roll No. 254] tects the rights of States to regulate original funds, then cash out the remaining AYES—186 funds. Through the dual protection of gambling. Historically, that is what we have al- Abercrombie Gutknecht Olver encryption and anonymity, much of this ac- Akin Harman Ortiz tivity can take place undetected. ways done in this country. Gambling Baca Hastings (FL) Ose Computer hackers or gambling operators has always been the province of the Baird Hayworth Owens may tamper with gambling software to ma- States. They regulate gambling, and Baldwin Herger Pallone nipulate games to their benefit. Unlike the this amendment would change that. Ballance Hinchey Pastor physical world of highly regulated resort- Ballenger Hinojosa Payne destination casinos, assessing the integrity This amendment would take away from Bartlett (MD) Hoeffel Pearce of Internet operators is quite difficult. the States the right to do that. Becerra Hoekstra Pelosi Please support H.R. 2143 and reject the We are simply attempting to main- Bell Honda Peterson (MN) Bereuter Hostettler Pombo spread of a predatory industry, which is contain the status quo with respect to un- Berkley Hoyer Pomeroy trary to the well-being of individuals and all derlying Federal and State substantive Berman Hunter Price (NC) of society. law on gambling. We are not tilting the Bishop (UT) Inslee Rahall Sincerely, playing field one way or another un- Blackburn Jackson (IL) Ramstad Christian Coalition of America, Con- Blumenauer Jackson-Lee Rangel cerned Women for America, Family Re- fairly, we are simply trying to address Bono (TX) Rehberg search Council, General Board of the problem of unlawful gambling, as Brown (OH) Jefferson Renzi Church and Society of the United the title of the bill suggests. I would Brown, Corrine Johnson (CT) Reyes Cannon Johnson, E. B. Rodriguez Methodist Church, National Coalition love to do more on these other issues, Capps Jones (OH) Rohrabacher Against Gambling Expansion (NCAGE), but this is not the bill, this is not the Cardin Kanjorski Roybal-Allard National Council of Churches. place to do it. Carson (IN) Kennedy (RI) Royce The term ‘‘lawful’’ is included in this Carson (OK) Kildee Rush NATIONAL GOVERNORS ASSOCIATION, provision of the bill to indicate that no Case Kilpatrick Ryan (OH) Washington, DC, June 9, 2003. Clay Kind Ryan (WI) transaction will be exempted from the Clyburn King (IA) Sanchez, Linda Hon. MICHAEL G. OXLEY, Cole Kleczka T. Chairman, House Financial Services Committee, effect of the bill unless that transaction complies with all other State Conyers Kucinich Sanchez, Loretta Rayburn House Office Building, Wash- Cox Lampson Sanders ington, DC. and Federal laws. The amendment al- Crane Langevin Schiff Hon. BARNEY FRANK, ready adopted offered by the gentle- Culberson Larsen (WA) Sensenbrenner Ranking Member, House Financial Services woman from New York (Mrs. KELLY) Cummings Lee Serrano Committee, Rayburn House Office Building, makes that even clearer, so the com- Cunningham Levin Shays Washington, DC. Davis (CA) Lewis (GA) Sherman plaints of the gentleman from Utah, Davis (IL) Lofgren Simmons DEAR MR. CHAIRMAN AND REPRESENTATIVE Davis (TN) Lowey Solis FRANK: On behalf of the National Governors whose State I have great admiration for in terms of their efforts to combat DeFazio Lynch Souder Association, we are writing to express our DeGette Majette Stark interest in H.R. 2143, the Unlawful Internet gambling, need have no fear of this leg- Delahunt Markey Stenholm Gambling Funding Prohibition Act. We ap- islation. This does not open up Utah to DeLauro Marshall Stupak preciate your efforts to address the troubling any new forms of gambling. It will Deutsch Matheson Tancredo problems posed by Internet gambling, while Dicks Matsui Tauscher tighten it down. Dingell McCollum Thompson (CA) recognizing the authority of states to regu- There are plenty of people in Utah late gambling within their own borders. Doggett McDermott Tiahrt Dreier McGovern Towns We urge you to maintain the exemption today who pull up a chair in front of their computer in their living room Edwards McIntyre Udall (CO) currently included in H.R. 2143 for Internet Etheridge Meehan Udall (NM) transactions with businesses licensed or au- and go on and place a bet, using a cred- Evans Meeks (NY) Van Hollen thorized by a state such as a state lottery.We it card or wire transfer or some other Farr Menendez Velazquez understand that there may be efforts to strip form of financial transfer, that this Fattah Millender- Visclosky the bill of this provision, and we encourage Filner McDonald Wamp legislation will stop. We should not Flake Miller (NC) Watson you to oppose such attempts. An incursion allow a poison pill to prevent this leg- into this area with respect to online gam- Fossella Miller, George Watt Frank (MA) Moore Waxman bling would establish a dangerous precedent islation from moving forward to accomplish that. Frost Moran (VA) Weiner with respect to gambling in general as well Gallegly Murtha Weldon (FL) as broader principles of state sovereignty. In addition, States have traditionally Gingrey Napolitano Weldon (PA) Sincerely, had the power to decide whether to Granger Neal (MA) Wilson (NM) Governor MIKE JOHANNS, allow gambling within their borders. Green (TX) Nethercutt Woolsey Chair, Committee on We should not put into question the Green (WI) Ney Wynn Economic Develop- Grijalva Oberstar Young (AK) authority of those States to decide Gutierrez Obey Young (FL) ment and Commerce. these matters for themselves. Utah, Governor JAMES E. Virginia, or any other State in the NOES—237 MCGREEVEY, country, they ought to be able to make Ackerman Bachus Beauprez Vice Chair, Committee Aderholt Baker Berry on Economic Devel- that decision, and we ought not inter- Alexander Barrett (SC) Biggert opment and Com- fere with it. Striking this provision of Allen Barton (TX) Bilirakis merce. the bill would eliminate a provision Andrews Bass Bishop (GA)

VerDate Jan 31 2003 06:09 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.086 H10PT1 H5152 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Bishop (NY) Greenwood Oxley GOSS, PORTMAN, JANKLOW, TAY- Blunt Greenwood Northup Blunt Hall Pascrell LOR of North Carolina, ROGERS of Boehlert Gutknecht Norwood Boehlert Harris Paul Boehner Hall Nunes Boehner Hart Pence Alabama, FORBES, WILSON of South Bonilla Harman Nussle Bonilla Hastings (WA) Peterson (PA) Carolina, PITTS, BOOZMAN, and Bonner Harris Obey Bonner Hayes Petri ISSA, and Ms. SLAUGHTER, Mrs. Boozman Hart Ortiz Boozman Hefley Pickering MUSGRAVE, and Mrs. JO ANN DAVIS Boswell Hastings (WA) Osborne Boswell Hensarling Pitts Boucher Hayes Ose Boucher Hill Platts of Virginia changed their vote from Boyd Hefley Otter Boyd Hobson Porter ‘‘aye’’ to ‘‘no.’’ Bradley (NH) Hensarling Oxley Bradley (NH) Holden Portman Messrs. GEORGE MILLER of Cali- Brady (PA) Herger Pascrell Brady (PA) Holt Brady (TX) Hill Pearce Pryce (OH) fornia, RODRIQUEZ, OWENS, BECER- Brady (TX) Hooley (OR) Putnam Brown (OH) Hinojosa Pence Brown (SC) Hulshof Quinn RA, MARSHALL, VISCLOSKY, WYNN, Brown (SC) Hobson Peterson (PA) Brown-Waite, Hyde Radanovich BEREUTER, FOSSELLA, MENENDEZ, Brown, Corrine Hoeffel Petri Ginny Isakson Regula Brown-Waite, Hoekstra Pickering Burgess Israel and Mr. YOUNG of Alaska, and Mrs. Reynolds Ginny Holden Pitts Burns Issa JOHNSON of Connecticut, Ms. ROY- Rogers (AL) Burgess Hooley (OR) Platts Burr Istook ´ Rogers (KY) BAL-ALLARD, and Ms. VELAZQUEZ Burns Hostettler Portman Burton (IN) Janklow Rogers (MI) Burr Hoyer Price (NC) Buyer Jenkins changed their vote from ‘‘no’’ to ‘‘aye.’’ Ros-Lehtinen Burton (IN) Hulshof Pryce (OH) Calvert John So the amendment was rejected. Calvert Hunter Putnam Camp Johnson (IL) Ross The result of the vote was announced Rothman Camp Hyde Quinn Cantor Johnson, Sam as above recorded. Cantor Isakson Radanovich Capito Jones (NC) Ruppersberger Ryun (KS) Capito Israel Rahall Capuano Kaptur Cardin Issa Ramstad Cardoza Keller Sabo Sandlin b 1850 Cardoza Istook Regula Carter Kelly Carson (IN) Jackson (IL) Rehberg Castle Kennedy (MN) Saxton The CHAIRMAN pro tempore (Mr. Schakowsky Carter Janklow Renzi Chabot King (NY) SIMPSON). There being no further Case Schrock Jenkins Reynolds Chocola Kingston Castle John Rogers (AL) Coble Kirk Scott (GA) amendments, under the rule, the Com- Chabot Johnson (CT) Rogers (KY) Collins Kline Scott (VA) mittee rises. Chocola Johnson (IL) Rogers (MI) Cooper Knollenberg Sessions Accordingly, the Committee rose; Coble Johnson, Sam Ros-Lehtinen Costello Kolbe Shadegg and the Speaker pro tempore (Mr. Cole Jones (NC) Ross Cramer LaHood Shaw Collins Kanjorski Rothman Crenshaw Latham Sherwood BASS) having assumed the chair, Mr. Cooper Kaptur Royce Crowley LaTourette Shimkus SIMPSON, Chairman pro tempore of the Costello Keller Ruppersberger Davis (AL) Leach Shuster Committee of the Whole House on the Cox Kelly Rush Davis (FL) Lewis (CA) Simpson State of the Union, reported that that Cramer Kennedy (MN) Ryan (OH) Davis, Jo Ann Lewis (KY) Skelton Crane King (IA) Ryan (WI) Davis, Tom Linder Slaughter Committee, having had under consider- Crenshaw King (NY) Ryun (KS) Deal (GA) Lipinski Smith (MI) ation the bill (H.R. 2143) to prevent the DeLay LoBiondo Crowley Kingston Sabo Smith (NJ) use of certain bank instruments for un- Culberson Kirk Sanders DeMint Lucas (KY) Smith (TX) Diaz-Balart, L. Lucas (OK) lawful Internet gambling, and for other Cunningham Kline Sandlin Snyder Davis (AL) Knollenberg Saxton Diaz-Balart, M. Maloney Spratt purposes, pursuant to House Resolution Dooley (CA) Manzullo Davis (FL) Kolbe Schiff Stearns 263, he reported the bill back to the Davis (IL) LaHood Schrock Doolittle McCarthy (MO) Strickland Doyle McCarthy (NY) House with an amendment adopted by Davis (TN) Lampson Scott (GA) Sullivan the Committee of the Whole. Davis, Jo Ann Langevin Serrano Duncan McCotter Sweeney Dunn McCrery Davis, Tom Latham Sessions Tanner The SPEAKER pro tempore. Under Ehlers McHugh Deal (GA) LaTourette Shadegg Tauzin the rule, the previous question is or- Emanuel McInnis DeGette Leach Shaw Taylor (MS) Emerson McKeon dered. DeLauro Levin Shays Taylor (NC) Engel McNulty The question is on the amendment. DeLay Lewis (CA) Sherman Terry English Meek (FL) The amendment was agreed to. DeMint Lewis (KY) Sherwood Everett Mica Thomas Deutsch Linder Shimkus Feeney Michaud Thompson (MS) The SPEAKER pro tempore. The Diaz-Balart, L. Lipinski Shuster Ferguson Miller (FL) Thornberry question is on the engrossment and Diaz-Balart, M. LoBiondo Simmons Foley Miller (MI) Tiberi third reading of the bill. Dingell Lowey Simpson Turner (OH) Forbes Miller, Gary The bill was ordered to be engrossed Doggett Lucas (KY) Skelton Ford Mollohan Turner (TX) Dooley (CA) Lucas (OK) Slaughter Franks (AZ) Moran (KS) Upton and read a third time, and was read the Doolittle Lynch Smith (MI) Frelinghuysen Murphy Vitter third time. Doyle Majette Smith (NJ) Garrett (NJ) Musgrave Walden (OR) The SPEAKER pro tempore. The Duncan Maloney Smith (TX) Gerlach Myrick Walsh Dunn Manzullo Snyder Gibbons Nadler Waters question is on the passage of the bill. Edwards Marshall Souder Gilchrest Neugebauer Weller The question was taken; and the Ehlers Matheson Spratt Gillmor Northup Wexler Speaker pro tempore announced that Emanuel McCarthy (MO) Stearns Gonzalez Norwood Whitfield the ayes appeared to have it. Emerson McCarthy (NY) Stenholm Goode Nunes Wicker English McCotter Strickland Goodlatte Nussle Wilson (SC) Mr. SENSENBRENNER. Mr. Speak- Etheridge McCrery Sullivan Goss Osborne Wolf er, on that I demand the yeas and nays. Everett McHugh Sweeney Graves Otter Wu The yeas and nays were ordered. Fattah McInnis Tancredo Feeney McIntyre Tanner NOT VOTING—11 The SPEAKER pro tempore. This Ferguson McKeon Tauzin Cubin Gordon Smith (WA) vote will be followed by a 5-minute Filner McNulty Taylor (MS) Eshoo Houghton Tierney vote on the motion to suspend the Foley Meek (FL) Taylor (NC) Fletcher Lantos Toomey rules and agree to House Resolution Forbes Meeks (NY) Terry Gephardt Larson (CT) Ford Mica Thomas 252. Franks (AZ) Michaud Thompson (CA) ANNOUNCEMENT BY THE CHAIRMAN PRO The vote to suspend the rules and Frelinghuysen Millender- Thornberry TEMPORE agree to House Concurrent Resolution Gallegly McDonald Tiahrt The CHAIRMAN pro tempore (Mr. Garrett (NJ) Miller (FL) Turner (OH) 110 will be postponed until tomorrow. Gerlach Miller (MI) Turner (TX) SIMPSON) (during the vote). Members The vote was taken by electronic de- Gibbons Miller (NC) Upton are advised there are 2 minutes remain- vice, and there were—yeas 319, nays Gilchrest Miller, Gary Van Hollen ing on this vote. 104, not voting 11, as follows: Gillmor Mollohan Vitter Gingrey Moore Walden (OR) [Roll No. 255] b 1848 Gonzalez Moran (KS) Walsh YEAS—319 Goode Moran (VA) Wamp Messrs. GILCHREST, UPTON, Goodlatte Murphy Waters Aderholt Ballenger Bereuter Gordon Murtha Waxman GREENWOOD, KIRK, DEMINT, DOO- Akin Barrett (SC) Berry Goss Musgrave Weldon (FL) LITTLE, TAYLOR of Mississippi, Alexander Bartlett (MD) Biggert Granger Myrick Weldon (PA) FRANKS of Arizona, BOSWELL, Allen Barton (TX) Bilirakis Graves Nadler Wexler Bachus Bass Bishop (GA) FRELINGHUYSEN, CAMP, RYUN of Green (TX) Napolitano Whitfield Baird Beauprez Bishop (NY) Green (WI) Neugebauer Wicker Kansas, VITTER, NUSSLE, BURNS, Baker Bell Blackburn

VerDate Jan 31 2003 06:09 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.079 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5153 Wilson (NM) Wolf Wynn [Roll No. 256] Shimkus Tauscher Walden (OR) Wilson (SC) Wu Young (FL) Shuster Tauzin Walsh YEAS—339 Simmons Taylor (MS) Wamp NAYS—104 Simpson Taylor (NC) Ackerman Etheridge McCarthy (NY) Watt Skelton Terry Abercrombie Hinchey Payne Aderholt Evans McCotter Weiner Smith (MI) Thomas Ackerman Holt Pelosi Akin Everett McCrery Weldon (FL) Smith (NJ) Thompson (CA) Andrews Honda Peterson (MN) Alexander Feeney McDermott Weldon (PA) Baca Inslee Smith (TX) Thornberry Pombo Bachus Ferguson McGovern Weller Baldwin Jackson-Lee Snyder Tiahrt Pomeroy Baker Flake McHugh Whitfield Ballance (TX) Souder Tiberi Porter Ballance Foley McInnis Wicker Becerra Jefferson Spratt Towns Rangel Ballenger Forbes McIntyre Wilson (NM) Berkley Johnson, E. B. Stearns Turner (OH) Reyes Barrett (SC) Ford McKeon Wilson (SC) Berman Jones (OH) Stenholm Turner (TX) Rodriguez Bartlett (MD) Fossella McNulty Wolf Bishop (UT) Kennedy (RI) Stupak Udall (CO) Rohrabacher Barton (TX) Franks (AZ) Meehan Blumenauer Kildee Sullivan Upton Wu Bass Frelinghuysen Meek (FL) Bono Kilpatrick Roybal-Allard Sweeney Van Hollen Wynn Beauprez Frost Meeks (NY) Cannon Kind Sanchez, Linda Tancredo Visclosky Young (AK) Becerra Gallegly Menendez Capps Kleczka T. Tanner Vitter Young (FL) Bell Capuano Kucinich Sanchez, Loretta Garrett (NJ) Mica Bereuter NAYS—80 Carson (OK) Larsen (WA) Schakowsky Gerlach Michaud Berman Clay Lee Scott (VA) Gibbons Millender- Abercrombie Hastings (FL) Pallone Berry Clyburn Lewis (GA) Sensenbrenner Gilchrest McDonald Allen Hinchey Pascrell Biggert Conyers Lofgren Solis Gillmor Miller (FL) Andrews Honda Pastor Bilirakis Gingrey Miller (MI) Cummings Markey Stark Baca Jackson (IL) Paul Bishop (GA) Gonzalez Miller (NC) Davis (CA) Matsui Stupak Baird Jackson-Lee Payne Bishop (UT) DeFazio McCollum Goode Miller, Gary Baldwin (TX) Tauscher Blackburn Reyes Delahunt McDermott Goodlatte Mollohan Berkley Jefferson Thompson (MS) Blumenauer Rothman Dicks McGovern Gordon Moore Bishop (NY) Jones (OH) Tiberi Blunt Ryan (OH) Dreier Meehan Goss Moran (KS) Brown (OH) Kaptur Towns Boehlert Sabo Engel Menendez Granger Moran (VA) Brown, Corrine Kennedy (RI) Udall (CO) Boehner Sanchez, Linda Evans Miller, George Graves Murphy Capps Kildee Udall (NM) Bonilla T. Farr Neal (MA) Green (WI) Murtha Carson (IN) Kilpatrick Velazquez Bonner Sanders Flake Nethercutt Greenwood Musgrave Clyburn Kleczka Visclosky Bono Schakowsky Fossella Ney Gutknecht Myrick Conyers Kucinich Boozman Frank (MA) Oberstar Watson Hall Napolitano Davis (IL) Langevin Slaughter Boswell Frost Olver Watt Harris Neal (MA) DeFazio Lee Solis Boucher Grijalva Owens Weiner Hart Nethercutt DeGette Lewis (GA) Stark Boyd Gutierrez Pallone Weller Hastert Neugebauer Delahunt Lipinski Strickland Bradley (NH) Hastings (FL) Pastor Woolsey Hastings (WA) Ney DeLauro Majette Thompson (MS) Brady (PA) Hayworth Paul Young (AK) Hayes Northup Doggett Maloney Tierney Brady (TX) Hayworth Norwood Engel Markey Udall (NM) Brown (SC) Hefley Nunes NOT VOTING—11 Farr McCollum Velazquez Brown-Waite, Hensarling Nussle Buyer Gephardt Smith (WA) Fattah Miller, George Waters Ginny Hill Ortiz Cubin Houghton Filner Nadler Watson Tierney Burgess Hinojosa Osborne Eshoo Lantos Frank (MA) Oberstar Toomey Burns Hobson Ose Waxman Fletcher Larson (CT) Green (TX) Obey Wexler Burr Hoeffel Otter Grijalva Olver Woolsey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Hoekstra Oxley Gutierrez Owens Buyer Holden Pearce The SPEAKER pro tempore (Mr. Calvert Holt Pelosi NOT VOTING—16 BASS) (during the vote). Members are Camp Hooley (OR) Pence Cubin Harman Manzullo advised that there are 2 minutes re- Cannon Hostettler Peterson (MN) Davis, Tom Herger Sessions Cantor Hoyer Peterson (PA) Doolittle Houghton Smith (WA) maining in this vote. Capito Hulshof Petri Eshoo Lantos Toomey Capuano Hunter Pickering Fletcher Larson (CT) b 1906 Cardin Hyde Pitts Gephardt Leach Cardoza Inslee Platts Messrs. WELLER, GUTIERREZ, and Carson (OK) Isakson Pombo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE HOLT changed their vote from ‘‘yea’’ Carter Israel Pomeroy The SPEAKER pro tempore (during to ‘‘nay’’. Case Issa Porter the vote). Members are advised that 2 Castle Istook Portman So the bill was passed. Chabot Janklow Price (NC) minutes remain in the vote. The result of the vote was announced Chocola Jenkins Pryce (OH) b 1915 as above recorded. Clay John Putnam A motion to reconsider was laid on Coble Johnson (CT) Quinn So (two-thirds having voted in favor Cole Johnson (IL) Radanovich thereof) the rules were suspended and the table. Collins Johnson, E. B. Rahall Cooper Johnson, Sam Ramstad the resolution, as amended, was agreed f Costello Jones (NC) Rangel to. Cox Kanjorski Regula The result of the vote was announced EXPRESSING SENSE OF THE Cramer Keller Rehberg as above recorded. Crane Kelly Renzi HOUSE SUPPORTING UNITED Crenshaw Kennedy (MN) Reynolds A motion to reconsider was laid on STATES IN ITS EFFORTS IN WTO Crowley Kind Rodriguez the table. TO END THE EUROPEAN UNION’S Culberson King (IA) Rogers (AL) Stated for: TRADE PRACTICES REGARDING Cummings King (NY) Rogers (KY) Mr. HERGER. Mr. Speaker, on rollcall No. Cunningham Kingston Rogers (MI) BIOTECHNOLOGY Davis (AL) Kirk Rohrabacher 256 I was unavoidably detained. Had I been present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Davis (CA) Kline Ros-Lehtinen Davis (FL) Knollenberg Ross f pending business is the question of sus- Davis (TN) Kolbe Roybal-Allard pending the rules and agreeing to the Davis, Jo Ann LaHood Royce PERSONAL EXPLANATION resolution, H. Res. 252, as amended. Deal (GA) Lampson Ruppersberger DeLay Larsen (WA) Rush Mr. LARSON of Connecticut. Mr. Speaker, I The Clerk read the title of the resolu- DeMint Latham Ryan (WI) regret that I could not be present today, Tues- tion. Deutsch LaTourette Ryun (KS) day, June 10, 2003, to vote on rollcall vote The SPEAKER pro tempore. The Diaz-Balart, L. Levin Sanchez, Loretta Nos. 252, 253, 254, 255 and 256 due to a question is on the motion offered by Diaz-Balart, M. Lewis (CA) Sandlin Dicks Lewis (KY) Saxton family medical emergency. the gentleman from Michigan (Mr. Dingell Linder Schiff Had I been present, I would have voted: CAMP) that the House suspend the rules Dooley (CA) LoBiondo Schrock ‘‘No’’ on rollcall vote No. 252 on Ordering and agree to the resolution, H.R. 252, as Doyle Lofgren Scott (GA) the Previous Question on H. Res. 263, Pro- Dreier Lowey Scott (VA) amended, on which the yeas and nays Duncan Lucas (KY) Sensenbrenner viding for consideration of the bill H.R. 2143, are ordered. Dunn Lucas (OK) Serrano To prevent the use of certain bank instruments This will be a 5-minute vote. Edwards Lynch Shadegg for unlawful Internet gambling, and for other The vote was taken by electronic de- Ehlers Marshall Shaw Emanuel Matheson Shays purposes; vice, and there were—yeas 339, nays 80, Emerson Matsui Sherman ‘‘No’’ on rollcall vote No. 253 on H. Res. not voting 16, as follows: English McCarthy (MO) Sherwood 263, Providing for consideration of the bill H.R.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A10JN7.082 H10PT1 H5154 CONGRESSIONAL RECORD — HOUSE June 10, 2003 2143, To prevent the use of certain bank in- Mr. LEVIN, Michigan, It remains a major national security struments for unlawful Internet gambling, and Ms. KAPTUR, Ohio, goal of the United States to ensure for other purposes; Mr. BROWN, Ohio. that fissile material removed from ‘‘Yea’’ on rollcall vote No. 254 on the f Russian nuclear weapons pursuant to amendment offered by Representative SEN- REPORT ON NATIONAL EMER- various arms control and disarmament SENBRENNER to H.R. 2143, To strike language GENCY CREATED BY ACCUMULA- agreements is dedicated to peaceful in the bill which states that a bet or wager TION OF WEAPONS-USABLE uses, subject to transparency meas- does not include ‘‘any lawful transaction with a FISSILE MATERIAL IN THE TER- ures, and protected from diversion to business licensed or authorized by a State’’; RITORY OF THE RUSSIAN FED- activities of proliferation concern. The ‘‘No’’ on rollcall vote No. 255 on H.R. 2143, ERATION—MESSAGE FROM THE accumulation of a large volume of To Prevent the use of certain bank instru- PRESIDENT OF THE UNITED weapons-usable fissile material in the ments for unlawful Internet gambling, and for STATES (H. DOC. NO. 108–83) territory of the Russian Federation other purposes; and continues to pose an unusual and ex- The SPEAKER pro tempore laid be- ‘‘Yea’’ on rollcall vote No. 256 on H. Res. traordinary threat to the national se- fore the House the following message 252, expressing the sense of the House of curity and foreign policy of the United from the President of the United Representatives supporting the United States States. For this reason, I have deter- States; which was read and, together in its efforts within the World Trade Organiza- mined that it is necessary to continue with the accompanying papers, without tion (WTO) to end the European Union’s pro- the national emergency declared with objection, referred to the Committee tectionist and discriminatory trade practices of respect to the accumulation of a large on International Relations and ordered the past five years regarding agriculture bio- volume of weapons-usable fissile mate- to be printed: technology. rial in the territory of the Russian To the Congress of the United States: f Federation and maintain in force these As required by section 401(c) of the emergency authorities to respond to b 1915 National Emergencies Act, 50 U.S.C. this threat. AUTHORIZING THE CLERK TO 1641(c), and section 204(c) of the Inter- GEORGE W. BUSH. MAKE CORRECTIONS IN EN- national Emergency Economic Powers THE WHITE HOUSE, June 10, 2003. GROSSMENT OF H.R. 2143, UN- Act, 50 U.S.C. 1703(c), I transmit here- f LAWFUL INTERNET GAMBLING with a 6-month periodic report pre- FUNDING PROHIBITION ACT pared by my Administration on the national emergency with respect to the CONSTITUTION IS NOT Mr. OXLEY. Mr. Speaker, I ask unan- risk of nuclear proliferation created by IRRELEVANT imous consent that in the engrossment the accumulation of weapons-usable (Ms. JACKSON-LEE of Texas asked of the bill, H.R. 2143, the Clerk be au- fissile material in the territory of the and was given permission to address thorized to correct section numbers, Russian Federation that was declared the House for 1 minute and to revise punctuation cross-references and to in Executive Order 13159 of June 21, and extend her remarks.) make such other technical and con- 2000. Ms. JACKSON-LEE of Texas. Mr. forming changes as may be necessary GEORGE W. BUSH. Speaker, when have my colleagues to reflect the actions of the House. THE WHITE HOUSE, June 10, 2003. heard of the Constitution being thrown The SPEAKER pro tempore (Mr. f to the side as if it is not relevant? Just BASS). Is there objection to the request CONTINUATION OF NATIONAL a minute ago, I heard a headline news of the gentleman from Ohio? item that says it may not be important There was no objection. EMERGENCY CREATED BY ACCU- MULATION OF WEAPONS-USABLE about the question of weapons of mass f FISSILE MATERIAL IN THE TER- destruction. REMOVAL OF NAME OF MEMBER RITORY OF THE RUSSIAN FED- Mr. Speaker, I happen to disagree. I AS COSPONSOR OF H.R. 660 ERATION—MESSAGE FROM THE believe when the American people move toward war the truth must be Mr. PASTOR. Mr. Speaker, I ask PRESIDENT OF THE UNITED STATES (H. DOC. NO. 108–84) told. I believe it is crucial that we have unanimous consent to have my name an independent investigation, a special removed as a cosponsor of H.R. 660. The SPEAKER pro tempore laid be- prosecutor, an independent commission The SPEAKER pro tempore. Is there fore the House the following message to determine the veracity of the truth objection to the request of the gen- from the President of the United of the intelligence community upon tleman from Arizona? States; which was read and, together which this Congress relied. There was no objection. with the accompanying papers, without The war was declared without an ac- f objection, referred to the Committee tual vote of this Congress under the on International Relations and ordered Constitution under article 1. Now they REMOVAL OF NAME OF MEMBER to be printed: tell us when young men and women are AS COSPONSOR OF H.R. 660 To the Congress of the United States: on the front lines, when we have lost Mr. GRIJALVA. Mr. Speaker, I ask Section 202(d) of the National Emer- lives, when young men and women are unanimous consent to have my name gencies Act (50 U.S.C. 1622(d)) provides still dying in Iraq, it is irrelevant removed as a cosponsor of H.R. 660. for the automatic termination of a na- about the weapons of mass destruction. The SPEAKER pro tempore. Is there tional emergency unless, prior to the Mr. Speaker, our Congress will be ir- objection to the request of the gen- anniversary date of its declaration, the relevant and the American people will tleman from Arizona? President publishes in the Federal Reg- be ashamed of us if we do not find out There was no objection. ister and transmits to the Congress a the credibility of the intelligence com- f notice stating that the emergency is to munity and demand the truth be told continue in effect beyond the anniver- to the American people. APPOINTMENT OF MEMBERS TO sary date. In accordance with this pro- I am calling for an independent com- CONGRESSIONAL-EXECUTIVE vision, I have sent the enclosed notice, mission, and I believe we need to stand COMMISSION ON THE PEOPLE’S stating that the emergency declared on the truth so that as we fight wars REPUBLIC OF CHINA with respect to the accumulation of a we will fight them united as Ameri- The SPEAKER pro tempore. Pursu- large volume of weapons-usable fissile cans, knowing the truth. ant to 22 U.S.C. 6913, and the order of material in the territory of the Rus- the House of January 8, 2003, the Chair sian Federation is to continue beyond f announces the Speaker’s appointment June 21, 2003, to the Federal Register for of the following Members of the House publication. The most recent notice SPECIAL ORDERS to the Congressional-Executive Com- continuing this emergency was pub- The SPEAKER pro tempore (Mr. mission on the People’s Republic of lished in the Federal Register on June FEENEY). Under the Speaker’s an- China: 20, 2002 (67 FR 42181). nounced policy of January 7, 2003, and

VerDate Jan 31 2003 05:59 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.083 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5155 under a previous order of the House, a.m. in the morning on days. He loved lions, of dollars for pharmaceutical the following Members will be recog- the outdoors. He loved getting to know products without any real control over nized for 5 minutes each. the wilderness, and he shared these ex- these expenditures? f periences with Mary and his close I am not for price controls. I believe friends. in the free market system; but at the HONORING AL DAVIS Most of all, Al valued honest govern- same time, I do not believe the Amer- The SPEAKER pro tempore. Under a ment. He was mainly frustrated when ican people should pay exorbitant previous order of the House, the gen- people would cook books or fudge the prices for the same product that is tleman from New York (Mr. RANGEL) is numbers simply for political gain. Al being sold 50 miles away along the Ca- recognized for 5 minutes. believed that government in a democ- nadian border to the Canadian people, Mr. RANGEL. Mr. Speaker, Albert J. racy should be honest. He devoted his and when Americans go up there to try Davis was the chief economist on the life to making sure that it was. He de- to save money, because it costs so Democratic staff of the United States bunked myths whether they were much for their pharmaceutical prod- House Committee on Ways and Means. Democratic or Republican. In a polit- ucts, they are going to be penalized for He died Friday, May 30, 2003, of injuries ical environment too used to skirting it and the FDA says that they cannot caused by a car hitting him on May 19 around politically inconvenient facts, be reimported into this country, the in Arlington, Virginia, outside of the Al promoted honest opinion, honest very same products, and they complain Metro stop on his way home from budgets, and honest analysis. about safety. work. He was only 56 years old. Al’s death is a loss for the entire We found that there has been abso- Mr. Speaker, it would be impossible Nation. lutely no safety problem whatsoever; for me to list all of the people who and so at this point, unless we make have come up to me since the accident f some changes in our prescription drug to tell me how much Al meant to them. PRESCRIPTION DRUG PLAN bill, I am not going to vote for it. I am He had such a personal one-on-one rela- The SPEAKER pro tempore. Under a tionship with so many Members of this not going to vote for a bill that is previous order of the House, the gen- going to charge the American people, body, so many staff, so many journal- tleman from Indiana (Mr. BURTON) is ists, that all the meetings I had last the American taxpayer, huge amounts recognized for 5 minutes. of money for pharmaceutical products week became times of reflection on Mr. BURTON of Indiana. Mr. Speak- Al’s life. Whether I was meeting with for seniors when they can get those er, a number of us met today to review same products next door for less other senior Democratic Members or the Republican prescription drug ben- columnists from a weekly news maga- money, and that is just something that efit plan that is going to be presented cannot be tolerated. zine or the experts on tax legislation, before this House in the not-too-dis- we forgot what we were meeting for so In addition to that, what about the tant future. I have not seen the Demo- rest of us that will not be covered that we could pay honor to Al. crat plan, but I am sure it has some of I could not help thinking that it was under the prescription drug bill? What the same benefits and some of the same indeed a blessing that Al could have about the rest of Americans that are problems. touched so many people so deeply paying these exorbitant prices? Will One of the problems that bothered through his hard work, his intel- the additional profits that are going to me the most was that the pharma- ligence, and his good humor. Al worked be made be passed on to them so that ceutical industry is going to continue nearly 20 years for this great institu- they can lower the prices a little bit to to be able to charge exorbitant prices tion of democracy, first on the House benefit the seniors who are covered for many of the prescription drugs that Committee on the Budget staff, at under the prescription drug benefits of are going to be covered under the pre- least the last 5 years at Ways and this bill? It is something that we can- scription drug benefit bill, and that Means. He was one of those staff mem- not tolerate. really bothers me. bers who, though he never had to an- We need to address the entire prob- For the last several weeks, the gen- swer directly to the voters, devoted lem of exorbitant prescription drug tleman from Minnesota (Mr. GUT- every minute to bettering the lives of prices, pharmaceutical prices here in KNECHT), myself, and many others on ordinary working people. the United States. both sides of the aisle have been look- Though he appeared soft spoken and b 1930 cerebral, Al Davis was passionate ing into and complaining about the ex- about defending the interests of the orbitant prices that are being charged The gentleman from Minnesota (Mr. working men and women of this coun- to Americans as compared to the peo- GUTKNECHT) has been working on this try. Using charts and spread sheets and ple in Canada and France and Germany for a long time. I join in his army to solid numbers, Al was a powerful fight- and Spain and other parts of the world. try to do something about it. We are er for economic justice. We pay the highest prices for prescrip- not for price controls but the pharma- He loved his job. He loved providing tion drugs of any country on the face ceutical industry needs to realize we information to Members. His analysis of the Earth; and when we start trying are not going to pay exorbitant prices was so honest that Members from both to, as Americans, to buy prescription when they are not charging the same sides of the aisle would ask him for in- drugs, the very same drugs that are prices in other parts of the world. formation even though they would dis- sold here in America, from Canada, They are saying it is because we agree with him. from pharmacies in Canada, where they spend so much on research and develop- While Al was seldom quoted or men- charge maybe one-fifth or one-half or ment. If that is the case, spread it tioned in newspapers or on television, one-tenth the price of what they are around, do not load it on the back of he had a profound effect in shaping leg- here, the Food and Drug Administra- the American people. islation, publicizing poor policy, and tion starts saying, oh, my gosh, there In addition to that, many, many of changing minds. is a question of safety; and they threat- these products have been subsidized by Al is survived by his companion of 20 en to penalize, even prosecute, people the American taxpayer through our years, Mary Bielefeld. Mary’s an in- who bring pharmaceuticals into this health agencies, Health and Human credibly kind and strong woman in her country. Services. Last night the gentleman own right. Her strength has given those My question has been why is it that from Minnesota (Mr. GUTKNECHT) of us who worked with Al strength. the American people are paying two, talked about one where $500 million Like Al, Mary works in public service three, four, five, 10 times as much for had been spent on research and devel- as an attorney at the United States De- pharmaceutical products as they are opment, yet Glaxo had a $9 billion prof- partment of Justice. They never got paying in Canada right next door or in it on this product and they only gave rich serving the people of this Nation, Spain or France or other parts of the $35 million back in royalties to the but they had a full and rich life in each world? Now we are going to pass a pre- United States Government through other’s company. scription drug bill that does not ad- HHS. Those are things that we cannot Al worked long hours when he dress this problem? The taxpayers are tolerate. Something has to be done worked here, often to midnight or 1:00 going to spend billions, probably tril- about it. We are going to continue to

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.131 H10PT1 H5156 CONGRESSIONAL RECORD — HOUSE June 10, 2003 pound on this issue until there are Al was a master of economic and Al, we are going to miss you very some positive changes. budgetary policy through four adminis- much and we thank you for everything Mr. Speaker, I yield to the gentle- trations. He helped our committee staff you have done for all of us. woman from Ohio. navigate every economic budget and f Ms. KAPTUR. Mr. Speaker, I thank tax proposal put before the U.S. Con- The SPEAKER pro tempore. Under a the gentleman for yielding, and I wish gress. to associate myself with the remarks Al called us, that is the Members of previous order of the House, the gen- of the gentleman from Indiana (Mr. Congress and his colleagues on the tleman from Texas (Mr. CULBERSON) is BURTON) and state that unless a bill House Committee on Ways and Means recognized for 5 minutes. comes to this floor that has a mecha- and the Committee on the Budget his (Mr. CULBERSON addressed the nism in it to have a negotiated rate for customers, and he provided us with House. His remarks will appear here- large numbers of buyers, as we do with realms of memos and charts and anal- after in the Extensions of Remarks.) our Department of Defense buying and ysis that only Al could produce. He did f our Veterans Department buying, we it with insight and humor. He stripped IN MEMORY OF AL DAVIS are going to force Americans out there away the clutter to extract the critical in the drug market in their tiny little details of major issues facing the The SPEAKER pro tempore. Under a canoe on an ocean that is very, very American public. previous order of the House, the gen- rough. They cannot get a good price You would often hear about Al’s abil- tleman from Michigan (Mr. LEVIN) is unless there is a mechanism within a ity to translate complex and difficult recognized for 5 minutes. bill which is cleared here which would economic concepts for Members, staff, Mr. LEVIN. Mr. Speaker, like the provide for negotiated rate buying. I and, of course, the press. On his own, gentleman from New York (Mr. RAN- thank the gentleman for bringing this he was a unique gift, but what made Al GEL) who has spoken and the gen- problem up. truly remarkable was his delivery of tleman from California (Mr. MATSUI) Mr. BURTON of Indiana. Mr. Speak- his translation and the integrity that who has now just spoken, and those er, let me say I want to look at the he actually had which he imposed upon who will speak after me about Al gentlewoman’s approach to making the all of us because anyone dealing with Davis, I relied on him every day on a way we deal with veterans’ pharma- Al Davis knew they had to be honest wide variety of issues and on this floor ceuticals maybe the way that we deal with themselves because of his basic and in committee I miss him every with things under this health bill. decency and honesty. day. When Al found a provision or pro- f When we hit a tough question, the posal that he analyzed to be unfair to TRIBUTE TO AL DAVIS answer was, ‘‘Ask Al.’’ We expected and the American public, this translation, received from him a straight, unvar- The SPEAKER pro tempore (Mr. without fail, was laced with humor and nished answer, and if he did not know FEENEY). Under a previous order of the simultaneously expressed his frustra- the answer and I can remember many House, the gentleman from California tion, and he always exposed the unfair- days he would say, ‘‘I am not quite (Mr. MATSUI) is recognized for 5 min- ness of whatever he was working on if sure,’’ off he would go to find the infor- utes. he believed it to be unfair. mation. Mr. MATSUI. Mr. Speaker, at a later Over the years, Al Davis provided the Al Davis was available with memos, moment in this Special Order the gen- Democratic Members of the Committee with charts. His documents were so tleman from South Carolina (Mr. on Ways and Means with probably 150– plentiful and useful during debates on SPRATT), the ranking member of the 200 memos. Most of us read all of them, taxes that the staff in my office often Committee on the Budget, will be not only because of the analysis that included in my briefing binders a tab speaking more fully about Al Davis, he gave us, but also because of his entitled simply ‘‘Al Davis memos.’’ I the chief economist for the Committee humor and his sense of humanity. I cannot recall a tax debate when so on Ways and Means, and formerly the would like to take a moment to quote many of us did not rely on some docu- economist for the House Budget Com- two paragraphs in a January 30, 2003 mittee. memo. The subject from Al Davis to ment or some analysis that Al Davis Today I come to the floor to pay trib- the Committee on Ways and Means prepared. He was prolific. He analyzed ute to Al Davis and express my deepest Democrats is ‘‘Snow Hearing Next tax bills and budgets upside down and sympathy to Mary, Al’s partner for Week and Budget Deficits.’’ Of course, backwards. My tax counsel, who more than 20 years. Al had a remark- we had a lot of snow during the month assures me that Al’s memos were so able life, one in which he made an un- of January, so it was snow hearing and valuable that he never deleted a single forgettable and immeasurable con- budget deficits. And the caption is one, counted 44 memos, charts, and tribution to the scope of this country’s ‘‘The Return of Budget Deficit as Far other analysis from Al to the com- economic and budgetary policies. Al- as the Eye Can See.’’ He says, and I do mittee from March 1 through May 19 of though most Americans will never not mean to be partisan here, but it is this year. So many points from these know his name or his extraordinary humorous. It is not dry. He says, ‘‘Nor- memos were used to help shape impor- contributions, he has influenced each mal mortals would be in the hospital tant tax and budget debates. He was of us in our lives for the better. with whiplash if they changed their po- blessed with the ability to take issues Five years after serving in the U.S. sitions as radically as my Republican that were complex and numbers even Army from 1969 to 1971 during the colleagues.’’ And then in the same more complex and to explain them in height of the Vietnam War, Al began memo he states. ‘‘Tax cuts and war ways that everybody could understand. his lifelong career as an economist look cheap because we are about to put He hated dishonesty and inaccuracy. while working for the Wisconsin Rev- them on a national credit card and pass In the past 2 weeks, many, particu- enue Department until 1980. While the costs on to our children.’’ larly those in the media, have com- there, he rose from an analyst to the Al had a way of saying the obvious mented on how accurate and reliable bureau chief in the research and anal- and stating public policy by actually his work was. His vigilance helped en- ysis division in a very short period of communicating with a sense of humor sure that all of us who relied on him time. to all of us. I have to say, Mr. Speaker, and worked with him also avoided the During the early 1980s, he served as that we in this country are very temptation to let the digestible sound senior analyst on the Taxation and Fi- blessed because we have always had bite overwhelm the accurate and hon- nance Committee with the U.S. Advi- through the agencies, through the ex- est debate that America deserves. sory Commission on Intergovernmental ecutive branch and the judicial branch, The Washington Post in its editorial, Relations. And from 1994 to 1998, he was but particularly through the legisla- rather unusual in terms of a tribute to chief economist for the Democratic tive branch of our government, people a staffer unknown to the public, so well budget staff and then was the econo- who are dedicated to the betterment of known, though, within this institution, mist since 1999 until his tragic passing our country, and truly Al Davis was a this is what the Washington Post had just last month as the chief economist symbol of that standard that all of us to say. ‘‘Unless you are a tax and budg- for the Committee on Ways and Means. are here to certainly aspire to. et wonk, you probably did not know Al

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.133 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5157 Davis. Mr. Davis, the Democrat’s chief Davis’s boss, Rep. Charles B. Rangel (D- ference committee they put a little economist on the House Committee on N.Y.), said that Mr. Davis ‘‘promoted truth safety language in there that says es- Ways and Means, was one of those clas- in an institution too used to skirting around sentially if they cannot absolutely sic Capitol Hill staffers whose effec- politically inconvenient facts.’’ guarantee safety, the FDA does not tiveness cannot be measured by the f have to enforce that. number of times they are mentioned in OUTRAGEOUSLY HIGH Ladies and gentlemen, I want to talk a newspaper. From his cluttered office PRESCRIPTION DRUGS PRICES about safety. What I have in my hand in the Longworth House Office Build- The SPEAKER pro tempore. Under a tonight is a counterfeit-proof package ing,’’ and we knew well of the clutter previous order of the House, the gen- of prescription drugs. It is called a blis- in that office, ‘‘Mr. Davis helped mold tleman from Minnesota (Mr. GUT- ter pack, counterfeit-proof package of and inform the public debate about KNECHT) is recognized for 5 minutes. prescription drugs. This packaging is what he saw as the troubling direction Mr. GUTKNECHT. Mr. Speaker, I rise available today at a cost of about two of the Nation’s economic policy, churn- again tonight to talk about the out- cents per package. It is available ing out fact sheets that were as accu- rageously high prices that Americans today. Let me tell you what is avail- rate as they were partisan. He could pay for prescription drugs. But before I able soon. They have been working on get as worked up, maybe more, about get started, I want to yield to the gen- this at MIT. I do not expect anyone to Democrats using distorted numbers as tleman from Indiana (Mr. BURTON) be- see this because I cannot see it; but in about Republicans who did so.’’ cause the gentleman wants to correct this little vial, and if you would like to Like so many others, I will miss Al something that he said earlier. see this, I will share this with Mem- very much. He was not only an impor- Mr. BURTON of Indiana. Mr. Speak- bers, in this little vial are 150 tiny tant asset to the country, but for so er, I thank the gentleman for yielding. computer chips, microchips. Ulti- many of us, he was a friend. Our words I mentioned Glaxo that made the $9 mately, this is going to become the today cannot replace the loss felt by billion, and I think they made money next UPC code. With this little chip, Al’s longtime companion, Mary on other drugs that we will be dis- we can know where that product was Beilefeld. I express my deepest condo- cussing later, but the company in ques- manufactured, where it came from. It lences to Mary. I hope it is somehow tion was SmithKline Beecham that can help with inventory control, and comforting that her loss is not only made $9 billion and returned only $35 ultimately it can guarantee that it is hers but is shared by all of us on the million back in royalties to this gov- in fact Prilosec and not something else. Committee on Ways and Means and by ernment for the patents they had. all of us in this institution who had the Mr. GUTKNECHT. And there are pub- Ladies and gentlemen, we can solve privilege of working with Al Davis. lished reports that the president of this problem. I have said before, it is not shame on the pharmaceutical in- [From the Washington Post] SmithKline Beecham 2 years ago dustry; it is shame on us. The Presi- ALBERT J. DAVIS earned over $200 million. Mr. BURTON of Indiana. Let me just dent of Glaxo or SmithKline does not Unless you’re a tax and budget wonk, you work for us, but the head of FDA does. probably didn’t know Al Davis. Mr. Davis, comment on that. If he earned $200 mil- the Democrats’ chief economist on the House lion, maybe he deserved it for ripping It is time for us as Members of Con- Ways and Means Committee, was one of off the American people to the tune of gress to do our responsibility, to make those classic Capitol Hill staffers whose ef- $9 billion for their very small invest- certain that Americans have access to fectiveness can’t be measured by the number ment. world-class drugs at world market of times they are mentioned in the news- Mr. GUTKNECHT. Mr. Speaker, as prices. No, there is nothing wrong with paper. But from his cluttered office in the the gentleman from Indiana mentioned the word profit. I believe in the word Longworth House Office Building, Mr. Davis earlier, we had a Special Order the profit. But there is something very helped mold and inform the public debate other night and we had Republicans wrong with the word profiteer. It seems about what he saw as the troubling direction and Democrats, and we hope to do it of the nation’s economic policy, churning to me in the heritage of Teddy Roo- out fact sheets that were as accurate as they next week with Republicans and Demo- sevelt and so many other politicians were partisan. He could get as worked up— crats because this issue about what who have been here in this city who maybe even more—about Democrats using Americans pay for prescription drugs is stood up for the little guy, it is time distorted numbers as about Republicans who not a matter of right versus left, it is for us to say, it is not a matter of right did so. right versus wrong. versus left; it is a matter of right Mr. Davis had the gift of being able to I think anybody who spends any time versus wrong. We need to do the right translate the most arcane economic data at all on this issue realizes it is wrong thing. We need to open American ac- into real-world language that Democratic to force American consumers to pay cess, we need to create competition lawmakers—the people he called his ‘‘cus- the world’s highest prices partly be- tomers’’—could use to make their case. For here in the United States, and we need reporters scrambling to make sense of a cause we subsidize the research and de- to make certain that Americans have study or to dredge up an obscure detail, he velopment. There was a study done by access to world-class drugs at world was the ultimate resource, with a seemingly the Boston Globe several years ago, market prices. encyclopedic understanding of the tax code. and what they found was that of the 35 If you wrote or advocated about such mat- largest selling drugs in America, 32 of f ters, you’d quickly find your way to Al—or them were brought through the R&D he to you. He patiently educated the channel by the Federal Government. The SPEAKER pro tempore (Mr. uninitiated, from green legislative aides to The NIH paid for the basic research and FEENEY). Under a previous order of the reporters new to the economics beat. When a development, got them to phase 3 House, the gentleman from Oregon (Mr. bill was on the floor, Mr. Davis was always DEFAZIO) is recognized for 5 minutes. there with his bulging accordion file, col- trials. So we subsidize them in the re- league Janice Mays recalled, offering when search and development, we subsidize (Mr. DEFAZIO addressed the House. the most obscure of points came up, ‘‘I just them in the Tax Code, and yet we are His remarks will appear hereafter in happen to have a memo here.’’ still required to pay the world’s high- the Extensions of Remarks.) Mr. Davis died last week at 56 after being est prices. struck by a cab on his way home from work. Two years ago this Congress came to- f The accident occurred as Congress was fin- gether, the House and Senate, and we ishing work on a tax bill that Mr. Davis devoted 304–101, I believe was the final EXCHANGE OF SPECIAL ORDER tested, and, as he lingered in a coma for 11 vote, but it was over 300 votes in the days after the accident, we can only imagine how frustrated he would have been not to be House, and we said Americans ought to Mr. BROWN of Ohio. Mr. Speaker, I immersed in the debate. Len Burman, co-di- have access to world-class drugs at ask unanimous consent for the gen- rector of the Tax Policy Center, recalled vis- world-market prices. That bill passed. tleman from Oregon’s time. iting Mr. Davis at George Washington Uni- It is on the books right now. The SPEAKER pro tempore. Is there versity Hospital and delivering updates on b 1945 objection to the request of the gen- the latest outrages in the tax measure. ‘‘I kept on thinking, he’s definitely going to But unfortunately the FDA is not en- tleman from Ohio? wake up for this,’’ Mr. Burman said. Mr. forcing the law because in the con- There was no objection.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.135 H10PT1 H5158 CONGRESSIONAL RECORD — HOUSE June 10, 2003 ANOTHER REPUBLICAN ATTEMPT plans, you have effectively set tradi- the prescription drug reimportation de- TO UNDERCUT MEDICARE tional Medicare up for failure. bate that has been the subject of so The SPEAKER pro tempore. Under a Make no mistake about it. Every much discussion in this House. I would previous order of the House, the gen- Member of Congress who votes for the urge my colleagues to use caution and tleman from Ohio (Mr. BROWN) is rec- Republicans’ Medicare prescription reason when approaching this issue. ognized for 5 minutes. drug coverage plan is voting for Medi- Several complicated and inter- Mr. BROWN of Ohio. Mr. Speaker, care privatization. You know and I connected issues dominate this situa- Republican leadership will soon unveil know that seniors will not be better off tion: trade relations, patient safety, legislation representing yet another at- choosing between and among private drug costs and government regulation, tempt to undercut Medicare. As they insurance drug plans just as they have just to name a few. Some in this House did last year, my Republican col- not been better off choosing between believe that if Americans had the abil- leagues will try to coopt the prescrip- this Medicare+Choice HMO or that ity to purchase their drugs from Can- tion drug needs of Medicare bene- Medicare+Choice HMO. Health insur- ada or Mexico or Europe or Mars that ficiaries to secure fundamental ance is not like a car. You do not cus- the United States market would adjust changes, privatization, in the way they tomize it to fit your life-style. Good to reflect the importation of cheaper receive coverage. My Republican health insurance covers medically-nec- medicines. Let us be clear: foreign friends will use stand-alone drug cov- essary care delivered by the health countries place price controls on their erage as a lever to try to privatize care providers we trust. Bad insurance prescription drugs. This means that Medicare. The irony is that their pro- simply does not. Good health insurance the drugs purchased by Canadian citi- posal is being marketed as a kinder, lasts. Disappearing health plans and zens may be priced lower than that gentler take on Medicare reform. shrinking benefits are the hallmarks of which an American citizen will pay for Kinder and gentler, that is, than the the private insurance experiment that the same compound because of that President’s breathtakingly callous ‘‘let is already part of Medicare, government’s artificial market inter- them eat cake’’ approach. Medicare+Choice. Instead of alle- vention. If an American citizen pur- You have got to give the President viating uncertainty, Medicare+Choice chases a drug from a Canadian phar- and Republicans credit. By playing plans breed it. macy, it may be cheaper. But by per- good cop, bad cop, they are poised to Proponents of privatization argue mitting the reimportation of drugs set the clock back 38 years to the be- Federal employees have a choice of pri- into this country, we effectively allow ginning of Medicare, 1965, and force vate health plans, but the fact that the importation of foreign price con- seniors back into the private insurance FEHBP, the Federal program, features trols in the United States market as market for their coverage. It is a shin- lots of private health plans does not well. This would be shortsighted and ing moment for compassionate con- mean it is a better system than Medi- run counter to the free market system servatism. care. Federal employee health plan that is established in this country. If The President acclimated Congress premiums grew 11 percent in 2003. So- drug reimportation becomes the estab- and the public to the most irrespon- cial Security income grew by 4 percent. lished policy in this country, the sible of Medicare privatization gambits Seniors earned $14,000 on average last United States would in essence be al- by proposing to force seniors who need year. There is not much cushion in lowing foreign governments to set the drug coverage out of Medicare and into that for unpredictable premium in- prices for American businesses. HMOs. Blatantly exploiting the most creases as you will get under privatized If we truly believe in the power of the vulnerable seniors to achieve the pure- Medicare. free market, we should remove the ly ideological goal of Medicare privat- Let us not forget that my Republican market distortion of foreign price con- ization is so offensive, in fact an egre- friends want to means-test Medicare trols, a market distortion which en- gious breach of the public trust, that benefits. So goes the coverage guar- sures that America’s seniors and Amer- virtually any alternative would look antee. So goes Medicare’s practical ica’s uninsured pay the highest prices good in comparison. value to every enrollee regardless of infor their medications. And what hap- When Republicans announced they come. And so goes popular universal pens in countries that have adopted planned to reprise their stand-alone support for the program that we know price controls? Pharmaceutical compa- drug plan proposal, everyone applauded and respect, known as Medicare. If the nies and biotech companies have left in because at least seniors would not be, Republicans’ prescription drug cov- droves. According to a report by the as the President wanted initially, erage plan is signed into law, Members Directorate General Enterprise of the forced out of Medicare altogether in of Congress who voted for it will be European Commission, European drug order to get drug coverage. Unfortu- able to look back and take credit for multinationals have increasingly relied nately, there is more than one way to undermining a popular, successful, pub- on sources of research capabilities and gut Medicare, and the Republicans lic insurance program that covers 40 innovation located in this country. Be- have found it. You can force seniors million people and that ensures your cause of the stranglehold of regulation into HMOs, you can coerce seniors into parents access to reliable, high-quality in European countries, including price HMOs, you can lure seniors into HMOs. care and replacing it with another controls on pharmaceuticals, Europe is You can, as my Republican colleagues iteration, another experiment of the lagging behind in its ability to gen- are proposing, require seniors to buy failed Medicare+Choice program. erate, organize, and sustain innovation stand-alone private prescription drug I do not know how any Member of processes that are increasingly expen- plans if they want drug coverage. It Congress, Mr. Speaker, can look their sive and organizationally complex. The would be difficult to come up with a constituents in the eye after voting to United States biotech industry in the less efficient, less reliable, or more sabotage a public program, Medicare, last decade has had a meteoric rise; but costly way to deliver drug benefits that anchors the financial security of we would place a chill on the industry’s than to build an individual market for our Nation’s retirees. I hope a majority development, the number of jobs it cre- them. Yet that is what they are proof us will stand up for Medicare and ates and the revenue it produces if we posing. block any attempt, covert or overt, to allowed foreign drug prices to stymie The only reason to manufacture this destroy it. its growth. new insurance market is to privatize More importantly, if we inject for- f Medicare. Here is how you do it: you eign drug price controls into the give seniors two options. They can jug- ANOTHER VOICE IN THE United States, you will see less innova- gle traditional Medicare, plus a supple- PRESCRIPTION DRUG DEBATE tion in this very promising new field of mental policy, plus a stand-alone drug The SPEAKER pro tempore. Under a science. Most importantly, underlying coverage; or they can join a private in- previous order of the House, the gen- all of the complex economic and trade surance plan that offers all three. Once tleman from Texas (Mr. BURGESS) is issues is one that ultimately impacts you sweeten the pot by offering en- recognized for 5 minutes. us all, and that is patient safety. The hanced preventive and catastrophic Mr. BURGESS. Mr. Speaker, I rise Food and Drug Administration exists benefits at more cost under the private tonight to talk to my colleagues about to protect American consumers from

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.139 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5159 dangerous substances that may be in through Chicago in 6 to 8 hours are and cosponsor H.R. 1617, the National the food we eat for nourishment or the taking over 2 days. Rail Infrastructure Program. pharmaceuticals that we take to cure While freight rail is a sensible, cost- f our ills. Only our FDA in this country effective way to absorb the expected can assure the safety of drugs for increase in freight traffic, it is also be- REPORT ON RESOLUTION PRO- American citizens. I think this House coming a major contributor to a vari- VIDING FOR CONSIDERATION OF would be shirking its duty if we cre- ety of social ills, including air and H.R. 2115, FLIGHT 100—CENTURY ated a system that relied upon the ac- noise pollution, congestion and a de- OF AVIATION REAUTHORIZATION tions of regulatory officials in Canada, clining quality of life. Rail infrastruc- ACT Thailand, Belize or Barbados to ensure ture improvements would raise the ca- Mr. LINCOLN DIAZ-BALART of the safety of American patients. Allow- pacity of our transportation network Florida, from the Committee on Rules, ing drug reimportation from foreign for both goods and passengers; increase submitted a privileged report (Rept. countries would only be a signal to for- safety along the rail network; improve No. 108–146) on the resolution (H. Res. eign drug counterfeiters that it is open the environment wherever congestion 265) providing for consideration of the season on the health and safety of is relieved; and eliminate waits at bill (H.R. 2115) to amend title 49, Americans citizens. Make no mistake, grade crossings. Since passenger rail United States Code, to reauthorize pro- Mr. Speaker, these foreign counter- service and rail-based transit systems grams for the Federal Aviation Admin- feiters are very clever; and with all due typically share infrastructure with istration, and for other purposes, which respect to my colleague who held up freight rail, improving freight rail in- was referred to the House Calendar and the package this evening, packaging in frastructure would also provide much- ordered to be printed. and of itself does not guarantee that needed assistance to passenger and that has not been tampered with and commuter rail. f that that is not a counterfeit item. I In January, the American Associa- THE NEED FOR ASBESTOS could relate to you stories from my tion of State Highway and Transpor- LITIGATION REFORM own medical practice from a few years tation Officials released their freight ago where patients had what might be rail bottom line report that states that The SPEAKER pro tempore (Mr. politely described as therapeutic mis- an additional 2.6 to $4 billion is needed FEENEY). Under a previous order of the adventures by the ingestion of drugs annually for capital investment in our House, the gentleman from Illinois which were imported, illegally, from freight rail system. Last fall, the Fed- (Mr. KIRK) is recognized for 5 minutes. Mexico. eral Railroad Administration and the Mr. KIRK. Mr. Speaker, in 48 hours The House can approach the drug American Short Line and Regional Congress will face the single most im- cost issue through far less shortsighted Railroad Association commissioned a portant pending issue of legislation to solutions than permitting drug impor- study that found short line railroads help our economy. Does your 401(k) tation from foreign countries. Make no need nearly $7 billion to upgrade tracks look like mine? If so, it is due to the mistake, Mr. Speaker, the pharma- and structures to handle the newer dot.com bust, the war, recession, and ceutical companies in this country also 286,000-pound rail cars used by the class possibly even a little bit of Martha have an obligation to control the cost I railroads. Stewart. But it is also due to another problem, and this problem is depressing and be certain that their profits are b 2000 reasonable. Without this, we will con- the value of 900 stocks that form the tinue to hear the arguments for re- So, how can we meet these growing bedrock of our retirement savings. importation nightly on the House rail capital needs? We cannot afford to The issue is asbestos liability reform. floor. The purchasing power of the Fed- simply rely on the railroads for these Really. We bankrupted asbestos mak- eral Government should bring down the funds. The Association of American ers like Johns Manville and U.S. Gyp- cost of safe pharmaceuticals in this Railroads’ policy position book for the sum a long time ago, but lawsuits now country. 108th Congress states, ‘‘Especially over reach out to many companies, most Mr. Speaker, we should remember the past couple of years, railroads have companies, who have had asbestos any- the admonition of a long-ago physi- become increasingly constrained in where in their ceiling tiles, walls, or in cian, to first do no harm. In this House, how much capital they can devote to the case of Sears Roebuck, in one we would do wise to heed that advice. infrastructure spending.’’ washer and one iron sold between 1957 The answer to this rail infrastructure and 1958. f funding gap is the bill I have intro- Spending on the lawsuits might NATIONAL RAIL INFRASTRUCTURE duced, the National Rail Infrastructure make sense if our justice system actu- PROGRAM Program, H.R. 1617. H.R. 1617 would ally compensated victims suffering The SPEAKER pro tempore. Under a create a new significant and dedicated from asbestos poisoning. But, as the previous order of the House, the gen- stream of funds for rail projects. Just chart behind me shows, most asbestos tleman from Illinois (Mr. LIPINSKI) is as we have the Highway Trust Fund awards go to lawyers’ fees and court recognized for 5 minutes. and the Aviation Trust Fund, this leg- costs, and a minority actually goes to Mr. LIPINSKI. Mr. Speaker, tonight islation that I introduced last month the lawsuit plaintiffs. Of the amount I rise in support of investing in our Na- would create a national rail infrastruc- that goes to plaintiffs, only a small tion’s rail infrastructure and making ture program. The total revenue fraction goes to people who are actu- rail transportation part of a strong stream in my legislation would amount ally suffering from asbestos poisoning. transportation triad that includes to $3.3 billion annually. When you look at this situation, as highway, air, and rail. The freight rail This is a Federal investment that the Justice Ruth Bader Ginsberg did, you industry is one that provides services American public desperately wants. In see a system crying out for reform. that are key to the operation of prac- fact, Strategies One, a Washington, Amazingly, the American Bar Associa- tically every other industry. D.C. polling firm, conducted a national tion has called for this liability reform. In an atmosphere of mounting high- public opinion poll that shows 63 per- In this House, I introduced the Asbes- way congestion and pollution, shippers cent of Americans strongly favor mov- tos Compensation Act with 40 cospon- ought to be changing more and more of ing more freight by trains, especially sors, and my colleague the gentleman their loads to rail. However, due to the when the alternative is adding to high- from Utah (Mr. CANNON) introduced fact that trains are not moving fast way capacity larger and longer trucks. similar legislation. But in 2 days, our enough, these switches to rail are not We cannot afford to sit back as eyes will be on the Senate Judiciary being made. With 19th century sig- freight and passenger traffic swells. We Committee, who will take up this issue naling systems and antiquated grade- must craft a multi-modal solution to with Senator LEAHY and Senator level junctions, railroads are often un- this capacity shortfall in which we can HATCH, and I think it is the best chance able to deliver a truck-competitive all win, or else we will all massively that we have to move a key piece of service for many shippers. For exam- lose. Therefore, I urge Members to join legislation forward to help our econ- ple, trains that should be able to move the 40 bipartisan cosponsors and me omy.

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.140 H10PT1 H5160 CONGRESSIONAL RECORD — HOUSE June 10, 2003 We know that two-thirds of asbestos the Nation. With nearly $400 million in dred dollars does not go too far in Cali- plaintiffs have no symptoms whatso- assets, TELACU has created thousands fornia, which has some of the highest ever and they are flooding the courts of jobs, brought affordable hopes to un- costs of living in the country; 140,000 of to protect their rights in case they get told numbers of families, leveraged those families in my district will get sick sometime in the future. Mean- millions of dollars in small business no child tax credit, and many of these while, plaintiffs who are sick are left loans, and, most importantly, provided families saw their sons and daughters behind. This has been a key point that numerous educational opportunities and fathers and mothers go off to the the trial bar representing actually infor young people and veterans, not only war. Across the country, there are jured plaintiffs has raised. in my congressional district, but 250,000 children of active duty military But the financial uncertainty of as- throughout the United States. families, such as these, that will re- bestos liability is probably causing the As a prominent national Latino lead- ceive no child tax credit. greatest cost. Already 70 companies er, Mr. Lizarraga is a leading voice in These families all sacrifice when we have gone into bankruptcy court, and the revitalization of inner-city commu- ask them to protect future generations there are approximately 900 publicly nities and a beacon of hope for young of Americans. How can I go home and traded companies now facing asbestos people searching for a path to a bright- tell these families that their own and lawsuits. If Congress does not act this er future. future generations will get nothing be- year, we estimate 800 companies will go Mr. Lizarraga is an example of the cause Republicans would not even sac- bankrupt over this issue. This, accord- American spirit through which dedi- rifice a few thousand dollars of the mil- ing to the National Economic Research cated, hardworking, and enterprising lionaire’s $93,000 tax cut? Association and Rand Institute study, individuals do not just get ahead, but, Families in my district and across has cost Americans 60,000 jobs so far, in striving for a better life for them- the country suffer from rapidly in- and will cost 423,000 jobs in the future. selves, they empower others to realize creasing rates of asthma and res- The system that we are under now the American dream. piratory disease. How can I tell them has very uncertain results. Robert Mr. Speaker, it is my pleasure to ac- the pollution that compromises their York has no symptoms and collected knowledge TELACU and Mr. Lizarraga health will only get worse because Re- $1,200 in his asbestos lawsuit. Half went for their dedication to creating jobs publicans made room for $100,000 tax to his lawyer. William Sullivan had un- and opportunities in our communities, breaks for the largest, most polluting defined asbestos exposure and collected and to wish them continued success for SUVs? $350,000, with his lawyer’s contingency many years to come. These same families, along with fam- being undisclosed. Ken Ronnfeldt had f ilies of 9.2 million children across the exposure to asbestos and collected country, already cannot get relief for TAX CUT STEALING FROM $2,500, half going to his lawyer; whereas their children because they have no FUTURE GENERATIONS Ron Huber, who had asbestos-related health insurance. How can I tell them illness, collected only $14,000, and is ap- The SPEAKER pro tempore. Under a that we could have provided this cov- pealing, rightly, his case. previous order of the House, the gentle- erage, but instead Republicans chose to I think the time is now for asbestos woman from California (Ms. SOLIS) is create a $350 billion tax cut that goes liability reform. I think this is a crit- recognized for 5 minutes. mostly to the wealthy? ical issue, not just to make sure that Ms. SOLIS. Mr. Speaker, tonight I Everywhere we look we see future actual victims truly suffering con- rise to speak on behalf of future gen- generations in peril. We have schools sequences are compensated, but also erations of Americans. The needs of that need $300 billion in maintenance that we remove this cloud of liability these children, and their children, are and repair, a No Child Left Behind Act from America’s companies that is de- clear. They need a strong economy, that is short $9.7 billion, 44 million peo- pressing the value of the retirement quality education, health care and a ple with no health care, basic water in- savings of millions of Americans. clean environment. frastructure in critical decline, and 9 The test comes in 2 days before the The $350 billion tax cut passed by million people unemployed. Senate Judiciary Committee. My hope House Republicans provides none of With a $400 billion deficit and 100,000 is that we have a bipartisan agreement this. In fact, the tax cut steals from jobs lost from the economy each to move asbestos liability reform the future to feed the greedy of today. month, we have few resources and lit- through the Senate, and then it will be Last-minute changes made by Repub- tle time to deal with this problem. Yet time for the House to act. licans will prevent families, like this Republicans spend our time forcing f one, with incomes of less than $26,000, through a tax plan that primarily helps who have 11.9 million children, from re- millionaires, offshore tax haven, and HONORING THE PUBLIC SERVICE ceiving the child tax credit. In fact, 1 large SUVs. OF DAVID LIZARRAGA out of every 4 families in my district in This is nothing short of a crime. The The SPEAKER pro tempore. Under a California will get no child tax credit. future has been stolen from future gen- previous order of the House, the gentle- Working families, like the one pic- erations, like this family. woman from California (Ms. ROYBAL- tured here, who told me how hard they f ALLARD) is recognized for 5 minutes. are working just to provide basic needs The SPEAKER pro tempore. Under a Ms. ROYBAL-ALLARD. Mr. Speaker, for their children, will get nothing. previous order of the House, the gentle- I rise on the 35th anniversary of the House Republicans claim they could woman from Connecticut (Ms. East Los Angeles Community Union to not fit these families into their tax DELAURO) is recognized for 5 minutes. recognize its president and CEO, David cut. Somehow they found plenty of (Ms. DELAURO addressed the House. Lizarraga, and to commend TELACU room, however, to allow corporations Her remarks will appear hereafter in on the 20th anniversary of its scholar- such as Enron to continue to hide $50 the Extensions of Remarks.) ship program. billion in offshore tax shelters. f TELACU is a nonprofit community How can I go back to my district and development corporation dedicated to tell families such as this one that their PUTTING THE PRIVILEGED FEW rebuilding the East Los Angeles com- children will get no tax relief because AHEAD OF WORKING FAMILIES munity. Despite complex challenges, Republicans chose to protect corporate The SPEAKER pro tempore. Under a TELACU’s approach is simple: to pro- tax shelters instead? previous order of the House, the gentle- vide people with the tools for self-em- In the Republican plan to rob the fu- woman from California (Ms. WOOLSEY) powerment and self-sufficiency and to ture, millionaires get $90,000 in tax is recognized for 5 minutes. create opportunities to use those tools cuts, while working families like this Ms. WOOLSEY. Mr. Speaker, hard- to improve their lives. one, who build and invigorate our econ- working families need a break more Under the leadership of Mr. omy, will get next to nothing. than anyone in this country, especially Lizarraga, TELACU has become the For example, 47 percent of the people since they are bearing the brunt of this largest, most successful Hispanic com- in my State of California will get a very weak economy. But, for some rea- munity and economic corporation in total tax cut of less than $100. One hun- son, the Republican leadership feels

VerDate Jan 31 2003 04:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.143 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5161 that the privileged few are more impor- rather than our Nation’s millionaires. is obvious that the Republicans are tant than the 12 million children who American families need to know we shirking this responsibility. are left out of the Republican tax cut. have not forgotten them. The 12 mil- The most shocking part of the Re- That is just plain wrong. lion children that have been ignored by publican decision is its impact on fami- Voices across the Nation are speak- the Republican leadership need to lies in the military. Many enlisted men ing out, and they are speaking out know that they are important. and women make far less than $26,000 loudly, and in overwhelming numbers I demand that the Republican leader- per year. As a result, their children they are in support of increasing the ship in the House act now and extend will not be eligible for the family tax child tax credit and making it perma- the child tax credit to those who need credit. It is clear from this callous de- nent, especially for those 12 million it the most: our children. Our children, nial of assistance that the Republicans’ children who were left out of the recent 25 percent of our Nation, 100 percent of priorities lie with tax cuts for the tax package. our future. wealthy, not with the livelihoods of b 2015 f working families and our servicemen The SPEAKER pro tempore (Mr. and women in the armed services. That is why President Bush is finally These priorities are clearly out of step urging the House to follow suit with FEENEY). Under a previous order of the House, the gentlewoman from Texas with the American people. the other body so he can sign legisla- Mr. Speaker, Democrats are working (Ms. EDDIE BERNICE JOHNSON) is recog- tion that will restore tax credits for to help these families. Democrats have nized for 5 minutes. lower income families and put this bad introduced legislation that restores (Ms. EDDIE BERNICE JOHNSON ad- and actually embarrassing decision be- these benefits to all working families dressed the House. Her remarks will hind him. Why is the Republican lead- and ensures that our men and women appear hereafter in the Extensions of ership dragging their feet here in the in the military are not denied tax relief Remarks.) House when we can help American fam- while they are fighting in Iraq. ilies now? f However, the Republican majority re- Well, Mr. Speaker, I know it is im- The SPEAKER pro tempore. Under a fuses to even consider this legislation. portant that we swiftly extend the previous order of the House, the gen- According to the Republican majority child tax credit to lower-income fami- tleman from California (Mr. GEORGE leader, ‘‘There’s a lot of things,’’ he lies. It should not, however, be part of MILLER) is recognized for 5 minutes. says, ‘‘that are more important than another broad package that extends (Mr. GEORGE MILLER of California that.’’ even more benefits to the wealthy. addressed the House. His remarks will Well, Mr. Speaker, I disagree; and I We must pass a clean bill, a bill that appear hereafter in the Extensions of join my Democratic colleagues today solves the injustice that has been done Remarks.) to once again urge the Republican lead- to these hard-working families. Our f ership to restore the child tax credit to priority should be the 12 million for- The SPEAKER pro tempore. Under a all working families. Democrats will gotten children, not more tax breaks previous order of the House, the gentle- continue to fight so Congress can fulfill for the rich. woman from Illinois (Ms. SCHAKOWSKY) its promise to truly leave no child be- Mr. Speaker, how am I supposed to is recognized for 5 minutes. hind. go back to my district and tell a moth- (Ms. SCHAKOWSKY addressed the f er from Santa Rosa, California, located House. Her remarks will appear herein the 6th Congressional district of AERONAUTICS INDUSTRY FACING after in the Extensions of Remarks.) California that I represent, just north IMPORTANT CHALLENGES AF- of San Francisco across the Golden f FECTING AMERICA Gate Bridge, tell her that according to The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a the House Republican leadership that previous order of the House, the gen- previous order of the House, the gen- her job at Head Start does not con- tleman from California (Mr. FILNER) is tleman from Washington (Mr. INSLEE) tribute enough into the tax system to recognized for 5 minutes. is recognized for 5 minutes. deserve an increase through the child (Mr. FILNER addressed the House. Mr. INSLEE. Mr. Speaker, I come to- tax credit? This mother, whose name is His remarks will appear hereafter in night to address an emerging issue that Cori, is the head of one of the 6.5 mil- the Extensions of Remarks.) Congress is going to need to deal with, lion families that pays Federal, State, f and that is the challenges to one of our and local taxes; yet she has been left most important industries in America, out of the recent increase to the child AMERICA OPPOSES THE REPUB- and that is the aeronautics industry. tax credit. Cori overcame the obstacles LICAN ‘‘LEAVE 12 MILLION CHIL- Right now this portion of our econ- of being a single parent. She did it DREN BEHIND’’ ACT omy from an export standpoint is prob- without a support system and she did it The SPEAKER pro tempore. Under a ably the most successful in our econ- with very little money. After turning previous order of the House, the gen- omy, and a large percentage of our ex- to the Head Start program for help, she tleman from California (Mr. HONDA) is port surplus, to the extent it exists, went back to school and became a Head recognized for 5 minutes. arises from our exports of airplanes. Start teacher to give back to the pro- Mr. HONDA. Mr. Speaker, I rise to- The company, largely located in my gram that she thought and felt and night to protest the Republicans’ tax neck of the woods in Washington State, knew saved her. cut bill, the Leave 12 Million Children Boeing, is the largest net exporter of How do I explain to Cori that her Behind Act. products in our country and is the larg- hard work is not worth rewarding, that Soon after this tax bill was passed, it est contributor to a potential surplus she does not give enough to the system was discovered that the Republicans that we have; and it has over 150,000 to deserve a break? I ask my colleagues deliberately chose to drop a provision employees and 26,000 suppliers that are on the other side of the aisle where is that would have helped 12 million chil- located in all 50 States. This is an in- the compassion for Cori and her children living in moderate-income work- dustry of enormous importance to our dren? ing families. Among these children left trade balance and to job creation in It is time that we help working fami- behind are 1 million children of active this Nation. lies like Cori so they can balance their duty military. But unfortunately, because of the un- responsibilities of earning a living and Mr. Speaker, let me make this clear. toward practices of some European na- meeting family demands. Our priority Leaving 12 million children behind was tions associated with Airbus, that in- today should be expanding the child not a last-minute oversight; it was a dustry is threatened; and it is threat- tax credit for lower-income families. deliberate decision by the Republicans. ened because contrary to well-accepted Passing it can be the first step in re- As our Nation struggles through a trading rules in a rules-based trading versing a very serious wrong. Bush recession, Congress has a respon- relationship, Airbus is taking advan- Mr. Speaker, it is time to restore sibility to do what is right for families tage of a significant number of na- compassion to our Nation’s families, who may need a little extra help, and it tional subsidies for their program.

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.146 H10PT1 H5162 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Among those are a state-sponsored GENERAL LEAVE also came forth with memos containing loan program which has significantly Mr. SPRATT. Mr. Speaker, I ask answers to questions we should have reduced the cost of financing for Airbus unanimous consent that all Members raised but did not. development, and that can lead to up may have 5 legislative days within I can remember myself more than to as much as $26 billion in additional which to revise and extend their re- once in the well of this House strug- benefits to Airbus. In addition, they marks on the subject of this Special gling, coping to defend our position, have received subsidies for their re- Order. only to have Al appear from the bench- search and development costs; and of The SPEAKER pro tempore. Is there es back here with a memo he just hap- course, in the development of airliners, objection to the request of the gen- pened to have written in anticipation R&D is of tremendous importance to tleman from South Carolina? of this issue. the ultimate cost of a product. There was no objection. He was a Democrat, make no mistake It appears clear that these subsidies, Mr. SPRATT. Mr. Speaker, we are about it, but he did not pull punches in fact, have continued, despite our ef- here tonight to honor Al Davis, a dear for partisan purposes. If one wanted a forts, our assiduous efforts to try and, friend, who died in the prime of life in sophist to help rationalize a poor pol- in fact, maintain a rules-based trading a tragic, wholly unnecessary accident. icy proposal, you did not want Al system. And that now has to stop. The But in his 56 years, he made a huge, if Davis. On the other hand, if we had the competition, the unlawful, the illegal unheralded, contribution to the gov- right position, if we were principled, if competition that we have been facing ernment of this country. We have lost we faced entrenched opposition, special due to these subsidies can no longer a close associate, a valuable colleague. interests, and found our policy hard to stand. And the United States Govern- The House has lost part of its institu- defend, we wanted Al Davis on our side, ment needs to take a more aggressive tional memory and its analytical abil- because he would cut to the core of an policy to, in some sense, restore bal- ity, particularly in the bramble bush issue and bend every effort to help us. His encyclopedic knowledge, his keen ance and fairness to this trading rela- we call tax policy; and the country, the mind, his corporate memory, his sense tionship. country has lost a genuine, if some- of principle, his passion for the truth, In the next several weeks, my col- times critical, patriot. and his patience in explaining it made leagues and me will be discussing the Before Al became the chief economist Al Davis a joy to work with, a col- appropriate way to do that. Various for the Committee on Ways and Means, league that we cherished, a friend we means are at our disposal. We can con- he was the chief economist for the Committee on the Budget; and it was will never forget. sider trade efforts in an attempt to The House will go on without him, of on the Committee on the Budget that I convince our partners in Europe to, in course, but the debate about taxes will came to know him best. fact, respect a rules-based trading sys- be a little less incisive, the expla- Mr. Speaker, if I might digress a tem and end these unlawful subsidies nations of Social Security will be a lit- minute, I would say that from 1969 to to this sector of the economy, with tle less clear, the arguments against whom we are happy to compete under a 1970 I served as a young officer, Army the deficit not quite so compelling rules-based system. We also may con- officer in the Pentagon and interacted without the work of Al Davis behind sider, in fact, assisting in the research with Congress and its staff; and when I them. and development in the technology to came here in 1983 as a Member of Con- He served his Congress, this Con- benefit America, and certainly in our gress, the most striking change I found gress, and his country well, and those energy policy. Many of us think that in the institution was in the staff, of us who worked with him will be in- while we are assisting the development Members’ staff and committee staff spired for a long time by his example, of an energy policy, we should assist both. The number of staff had in- moved by what he taught us, consoled the development of the most energy-ef- creased several fold, and the profes- by his humor, for as long as we serve in ficient jet the world has ever seen, sional quality has increased even more. the Congress of the United States. which we hope to be the 77 manufac- And more than I had ever appreciated, Mr. Speaker, I yield to my friend and tured by Boeing. I soon found out how the House lit- colleague, the gentleman from Min- So there are a variety of measures; erally could not function without our nesota (Mr. SABO), former chairman of but in some fashion, it is now time for staff. Their roles are often off stage. the Committee on the Budget who also America to get serious to insist on a They make, however, those of us on worked with Al Davis on the Com- rules-based trading system, one that stage look good. They keep the debate mittee on the Budget. can allow the best technologically effi- moving forward, and they see to it that Mr. SABO. Mr. Speaker, I thank the cient product to emerge so that the the House churns out its enormous gentleman for yielding to me. marketplace can choose, rather than work product of bills and reports and Mr. Speaker, in this institution of de- having governments interfere with conference agreements and correspond- mocracy there is always a small group that process. And unfortunately, our ence and countless other documents. of smart, talented, hardworking, hon- European partners have muddied about Even among the excellent staff that est people who labor anonymously be- in that system and governments have is throughout the House on both sides hind the scenes. They are absolutely interfered in the functioning of this of the aisle, Al Davis stood out. He was essential to the success of our form of marketplace. That is something we noted for two areas of expertise: the government. Al Davis was at the top of have tolerated now for quite a number Tax Code and Social Security. And in that group. His brilliance was exceeded of years. It is no longer subject to tol- those fields, he had few peers. He was only by his work effort and his integ- eration. good because he knew what he was rity. Mr. Speaker, it is time for America doing, believed in what he was doing, Al worked hard to help those of us to become serious and engage in resolv- and never tired of what he was doing who are Members of Congress fulfill ing this problem, and I will be working until he got it right. our responsibilities in developing, debating, and voting on tax and budget with my colleagues in the upcoming b 2030 weeks to make sure that the rules are laws. He also helped other staffers, pol- I often asked Al a question and got a fair and applicable and assist the icy thinkers, academics, reporters, and tentative answer. Then, a week later, United States aeronautics industry. the general public understand the long after I had forgotten the question issues. I am told that whenever tax pol- f I put to him, I got from Al a memo, a icy experts around town ran into a par- fax sheet, a graph, a table, whatever. ticularly thorny problem, they looked A TRIBUTE TO AL DAVIS He then came up and explained it to me at each other and would say, this is an The SPEAKER pro tempore. Under meticulously in a way that anybody, Al question. the Speaker’s announced policy of Jan- me included, can understand; because Al was also brutal in his honesty. If uary 7, 2003, the gentleman from South Al was not just our analyst or our he thought something was a bad idea, Carolina (Mr. SPRATT) is recognized for economist, he was our tutor. Not only it did not matter where it came from, 60 minutes as the designee of the mi- did Al produce memos that answered he would tell the truth. Al made him- nority leader. the questions we put to him, but he self learn budget rules even when they

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.152 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5163 seemed silly, so that he could bring his vide all the facts, no matter how ob- ment, and believed that we all have an understanding of economics and tax scure. obligation to carry on our public de- law into the budget process. He spent Despite his unparalleled knowledge bate with integrity. endless hours late into the night doing and command of some of the most com- Al was a senior economist and then calculations and grinding out memos plicated issues dealt with by Congress, chief economist for the Committee on on every possible point of argument or Al had an amazing and rare ability to the Budget for all my 6 years on the challenge that might come up from a distill and explain information so that Committee on the Budget. Most know floor debate. it was understandable to the least that until recently, Democrat staff of Al patiently answered the same ques- knowledgeable person. Yet he never, the Committee on the Budget were tions over and over, so Members who but never, condescended to anyone. housed in the old O’Neill Building, had not been in the committee debates There was something about Al’s ab- which was also the dormitory for could understand what they were vot- sentminded-professor persona that was House and Senate pages. ing on. He spent endless hours helping both disarming and reassuring. He It was quite appropriate that the our staffs learn what they needed to could always be counted on to calm Committee on the Budget staff worked know. passionate temperaments and remind out of a dormitory, because when we Having said all that, I have to admit us all of the facts. He would not let us went to see Al Davis, working along there are other staffers here who share get caught up in hyperbole, and he with his colleagues, Richard Kogan and these same traits. So what about Al kept us focused on why we are here: to the others who served with such talent made him so special and so sad to lose serve as a voice for the underprivileged the gentleman from Minnesota (Mr. him? Much has been said of Al’s love of and the disenfranchised. SABO) and then the gentleman from irony and quick humor, but I do not re- Though he might not have enjoyed South Carolina (Mr. SPRATT), we truly member him that way. To me, the best the name recognition that my col- felt like we were in the gifted and tal- single word to describe Al is leagues and I do, there is no doubt that ented dorm at college. Here would be ‘‘twinkly.’’ He was always smiling and his work was critical to our efforts. Al in his office, piled high with every winking about something, usually in- Without capable and dedicated staff budget and economic resource we could volving numbers. His eyes would spar- like Al, this place, Mr. Speaker, would imagine, statutes, studies, charts, you kle as he saw wonderful number games not run. I tell the Members tonight, we name it. Of course, we would always and possibilities in his mind long be- will forever be grateful for his service, find Al perched in the middle of it with fore the rest of us caught up with him. commitment, and dedication. an open collar, or in the summer a There was a little bounce in those long, Mr. Speaker, Al Davis fought the short-sleeved shirt, jacket and tie lanky strides as he walked down the good fight. He kept the faith. He hanging on the wall, just in case of hall, and when he had his special num- worked hard to make things better for emergencies. bers game going in his head, he lit- those who needed it most. I truly be- Al would field questions about budget erally danced. lieve we are blessed to have known and tax policy with the excitement and Like many of the people in the world him. Al, we will miss you. My friend, a enthusiasm of a kid. He not only would I come from, Al was a man of few job well done. answer the question, but also point out words, but he also was a man of many Mr. SPRATT. Mr. Speaker, I yield to the humor, the irony, the inconsist- numbers. He used his profound under- the gentleman from North Dakota (Mr. ency, or the sheer lunacy of the provi- standing of numerical relationships POMEROY), also a member of the Com- sion under discussion. When we went to and the flow of money to make life bet- mittee on Ways and Means. see Al, we were truly talking to the ter for all Americans, but particularly Mr. POMEROY. Mr. Speaker, I thank smartest kid in the class. for people in need. At heart, he was a my friend, the gentleman from South Al was a very influential staffer, al- deeply kind man and a true populist. Carolina (Mr. SPRATT), for organizing though he had no use for the trappings The House of Representatives, indeed tonight’s Special Order in honor of the of authority. Al loved his work for its all the people of this country, have lost memory of Al Davis. own sake and not because it made him a great resource, and I have lost a dear Mr. Speaker, when I arrived in Wash- powerful or sought after, which prob- friend. I will miss him very much. ington as a freshman Member of Con- ably explains why Al treated people Mr. SPRATT. Mr. Speaker, I yield to gress in January, 1993, I received an as- like he did. There would be no one in the gentleman from Georgia (Mr. signment to the Committee on the the world more surprised than Al to LEWIS), who serves on the Committee Budget. That was when I met Al Davis. have an editorial written about him in on Ways and Means and knew Al in At the time, Al was the committee’s the Washington Post. He was just as that capacity. senior economist. For someone like happy to explain the finer points of tax Mr. LEWIS of Georgia. Mr. Speaker, me, brand new to the Federal budget policy to a junior staffer as he was a I want to thank my friend, the gen- policy, Al was nothing less than the senior Member. If one was interested in tleman from South Carolina (Mr. Rosetta Stone. learning the substance, then Al Davis SPRATT), for bringing this Special Even before I knew his name, I knew was interested in teaching it to you. Order tonight to honor Al Davis. him by my first impression. It was an Because of his knowledge and intel- Mr. Speaker, it is true, Al Davis was impression that I held for the next 10 ligence, we made great demands on Al. a brilliant economist. But to all of my years working with him, our giant We asked him not only to undertake Democratic colleagues on the Com- brain. The Washington Post said that economic analyses to support our poli- mittee on Ways and Means, he was so Al could translate the most arcane eco- cies, but also to develop the arguments much more. He was our conscience on nomic data into real-world language. and market them. On many occasions, the committee. Somehow, the words That is absolutely true. I would decide the night before markup ‘‘dedication’’ and ‘‘tireless’’ do not But I must also admit that some- that our charts did not quite capture seem adequate to describe the strength times even Al’s translations were hard the perfect argument for the next day. of Al’s commitment to his work. He to grasp. Why? Because, although he I would ask my staff to call Al to find spent countless hours on weekends and was a master of honing sharp political the data to create the perfect chart. at night responding to all sorts of arguments out of obtuse provisions in Armed with such an 11th hour request, Members’ inquiries and issues; even the Internal Revenue Code, he would you can imagine how anyone would be some that, to put it kindly, might be never sacrifice content or accuracy. If exasperated, and occasionally Al was. considered harebrained. a Member came to Al with a winning But even those times, a few hours Still, he took every request seriously political argument that did not quite later, sometimes well after midnight, and would leave no question unan- square with the facts, Al would pa- Al would send over the chart, just as swered. His efforts were never half- tiently explain how the argument we had asked. hearted. Unsatisfied with one analysis could be changed politically and sub- I served, along with my legislative or two or even ten, Al would often put stantively to be sound and accurate. He director for 10 years, Mike Smart, with together hundreds of analyses. Al loved politics, for sure, but Al cared Al and developed the greatest respect would leave no stone unturned to pro- deeply about the enterprise of govern- and admiration for him. As he loved

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.154 H10PT1 H5164 CONGRESSIONAL RECORD — HOUSE June 10, 2003 ideas, so he also loved life. I remember Davis’s boss, Rep. Charles B. Rangel (D– mittee (1995–1998); and chief economist for my surprise once at disembarking at N.Y.), said that Mr. Davis ‘‘promoted truth the Ways and Means Democrats (1999 to the Bangor, Maine airport to find Al in an institution too used to skirting around 2003). politically inconvenient facts.’’ While his re´sume´ reads like a road map fol- Davis and his loving partner Mary, Al lowed by the prototypical federal number having one of these goofy camping caps [From Tax Notes, June 9, 2003] cruncher, economists and friends claim his on. He was off for a canoe trip, an in- fiscal vision and translation skills made ECONOMISTS, LAWMAKERS LAUD DEPARTED Davis an unparalleled ally. congruous notion for me, thinking of DEMOCRATIC COLLEAGUE our giant brain paddling that canoe in According to Mays, Democrats treasured (By Warren Rojas) the wilds of Maine; but that is the kind Davis’s counsel because the combination of computer savvy and homemade economic of diverse and loving-life guy Al Davis Fiscal watchdogs on both sides of aisle last week grieved the recent death of House Ways models enabled him to provide lawmakers in was. and Means Committee Chief Democratic the minority with in-depth analysis on par I have found my years in Congress to Economist Albert J. Davis—a public servant with what Treasury and the Office of Man- be enriched significantly by knowing many revered for his sharp mind, quick wit, agement and Budget deliver to the White Al and having the benefit of his coun- and commitment to economic transparency. House. sel. I will miss him very much. Davis, whom colleagues remembered as a ‘‘He could kind of give you the facts of who Mr. Speaker, I include for the fixture of the Washington economics com- would benefit and who wouldn’t from various tax changes,’’ Mays said of his understanding RECORD the following items: The Wash- munity since arriving here in the early 1980s, died May 30 after being struck by a taxicab of how taxes, budget, and long-term fiscal ington Post editorial on Al Davis; the policy changes here all interrelated. ‘‘He had June 9 Tax Notes write-up by Warren in Arlington, Va., on May 19. Although at press time memorial arrangements for Davis a great overview of how all those things Rojas on Al Davis and his contribution remained were uncertain, Democratic lead- would work together.’’ to the profession; a tribute in the June ers plan to sponsor a special order on June 10 Rather than hoard that knowledge, Mays 9 Tax Notes from Gene Steurele enti- allowing lawmakers one hour of debate time said Davis enjoyed the intellectual exercise tled ‘‘Economic Perspective’’; and last on the chamber floor to share their memo- of sifting through the tax code and bringing ries of Davis. all its hidden flaws to light. but not least, a beautiful eulogy that ‘‘He enjoyed explaining how the machine ‘‘Our members are all sort of devastated was presented at the St. Charles Catho- worked. Members would talk to him and go because Al was our crutch,’’ Ways and Means lic Church in Arlington, Virginia, on away understanding something a little bit Democratic staff director and Davis’s most Monday, June 9, by Dan Maffei, also a better,’’ she said of the impromptu tutorials recent boss Janice Mays said about Davis, and explanations Davis could provide at a staff member of the Committee on that he was the unofficial ‘‘go-to’’ policy Ways and Means. moment’s notice. She added that often, guru for most House Democrats. Davis would make time to talk to any legis- The documents referred to are as fol- ‘‘From my standpoint, he was the perfect lows. lative assistant who reached out to him— staffer. I am really desolate,’’ Mays said. happily logging 20-hour workdays to explain [From The Washington Post, June 7, 2003] Davis’s chief foil, Ways and Means senior the underlying economic consequences of economist for the majority Alex Brill, voiced (By Albert J. Davis) any legislative proposal. genuine admiration for Davis’s ‘‘strong com- Explaining how Davis was more than a Unless you’re a tax and budget wonk, you mitment and belief in economics and his probably didn’t know Al Davis. Mr. Davis, mere policy work, Urban Institute economist issues.’’ and Tax Policy Institute codirector Leonard the Democrats’ chief economist on the House ‘‘We rarely agreed, but he was someone I Ways and Means Committee, was one of E. Burman painted Davis as a ‘‘legislative respected,’’ Brill told Tax Analyists. ‘‘He was detective’’ adept at sifting through the fine those classic Capitol Hill staffers whose ef- someone who worked hard and made his print of most tax bills and spelling out the fectiveness can’t be measured by the number issues vibrant and real.’’ While they quite particulars to Hill watchers and members of times they are mentioned in the news- often digested the same economic data only alike. paper. But from his cluttered office in the to come to diametrically opposed policy po- ‘‘If you talked to Al every day, you would Longworth House Office Building, Mr. Davis sitions, Brill said Davis usually emerged routinely learn things that others might not helped mold and inform the public debate with a ‘‘fair read’’ of alternative views. read about in the mainstream papers till two about what he saw as the troubling direction ‘‘He certainly had that strong grasp of the or three weeks later,’’ he stated, hailing of the nation’s economic policy, churning science,’’ he said, adding, ‘‘And I know by Davis as ‘‘an ordinary guy who was pivotal out fact sheets that were as accurate as they reputation that he dissected [the informa- to how tax policy works.’’ were partisan. He could get as worked up— tion] very quickly.’’ Burman praised Davis for working ‘‘tire- maybe even more—about Democrats using Similarly, Ways, and Means Committee lessly to keep both the Democrats and the distorted numbers as about Republicans who ranking minority member Charles B. Rangel, Republicans on the Ways and Means com- did so. D–N.Y., said that Congress as an institution mittee honest and informed about their tax Mr. Davis had the gift of being able to would suffer from Davis’s sudden departure. policy options and the implications of their translate the most arcane economic data ‘‘Though he appeared soft-spoken and cere- choices,’’ and thanked him for keeping ev- into real-world language that Democratic bral, Al Davis was passionate about defend- eryone else in Washington up to speed on the lawmakers—the people he called his ‘‘cusing the interests of the working men and day-to-day tax grind. tomers’’—could use to make their case. For women of this country,’’ Rangel said. ‘‘Using ‘‘He knew how to read the tax law and reporters scrambling to make sense of a his spread sheets, his charts, and his memos, could figure out how these goofy provisions study or to dredge up an obscure detail, he Al was a powerful fighter for economic jus- concocted in the dead of night would [effect] was the ultimate resource, with a seemingly tice. He promoted truth in an institution too other issues down the road. And he knew how encyclopedic understanding of the tax code. used to skirting around politically inconven- to write so that anyone could understand If you wrote or advocated about such mat- ient facts. Al’s death is a loss for the entire it,’’ Burman said of Davis’s copious policy ters, you’d quickly find your way to Al—or nation.’’ memos. he to you. He patiently educated the On a personal level, Burman said he would A NATIONAL TREASURE uninitiated, from green legislative aides to most miss scanning the tax dailies in search reporters new to the economics beat. When a Born in Dallas in 1947, Davis laid the foun- of a (supposedly) clandestine comment from bill was on the floor, Mr. Davis was always dation for his economic ascension by secur- Davis. ‘‘I am going to miss reading articles there with his bulging accordion file, col- ing Bachelor of Arts in economics (with Hon- in Tax Notes and other places where a House league Janice Mays recalled, offering when ors) from Swarthmore College in 1968. He fol- staffer or some other well-placed aide was the most obscure of points came up, ‘‘I just lowed that up by earning a Master of Arts in quoted and picking out his voice—because I happen to have a memo here.’’ economics (with concentrations in inter- always knew it was Al,’’ he said. Mr. Davis died last week at 56 after being national economics and public finance) from Congressional Research Service economist struck by a cab on his way home from work. the University of Wisconsin-Madison in 1974. and close friend Jane G. Gravelle called The accident occurred as congress was fin- With tools in hand, Davis then began his Davis’s death ‘‘a great, great tragedy’’ for ishing work on a tax bill that Mr. Davis de- professional career as a research director and those who were close to him and to the eco- tested, and, as he lingered in a coma for 11 fiscal policy expert for the Wisconsin De- nomics profession as a whole. days after the accident, we can only imagine partment of Revenue (1976–1980) before mov- Although he prided himself on staying be- how frustrated he would have been not to be ing to Washington and leapfrogging from hind the scenes, Gravelle said Davis clearly immersed in the debate. Len Burman, co-di- governmental agency to governmental agen- had a ‘‘great effect on the transmission of rector of the Tax Policy Center, recalled vis- cy, servicing as: senior analyst at the U.S. economic knowledge’’ both in and around iting Mr. Davis at George Washington Uni- Advisory Commission on Intergovernmental Washington. versity Hospital and delivering updates on Relations (1980–1983); senior economist for ‘‘To me, he was the epitome of the staff ad- the latest outrages in the tax measure, ‘‘I the Democratic staff of the House Budget viser to Congress,’’ she said—although kept on thinking, he’s definitely going to Committee (1984–1994); chief economist of the Gravelle quickly added that Davis was some- wake up for this,’’ Mr. Burman said, Mr. Democratic staff of the House Budget Com- how able to avoid getting mired down in the

VerDate Jan 31 2003 06:09 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.155 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5165 political frustration and procedural malaise along. He fed all of us information about ac- maintain hope that, with people like you to that often overtakes people who stay on Cap- tions we had missed—especially if they in- grace our lives, maybe, just maybe, we can itol Hill too long. volved some sleight of hand, some manipula- muddle through once again. ‘‘Whereas there are those on the Hill to tion of the numbers, or simply some little whom politics is the predominant issue, Al noticed special interest provision snuck into REFLECTIONS AT THE MASS OF CHRISTIAN BUR- had principles. He always wanted to commu- a bill late at night. In this endeavor he was IAL FOR ALBERT J. DAVIS, ST. CHARLES nicate the truth—even if his members didn’t ceaselessly bipartisan. Those for whom he BORROMEO CATHOLIC CHURCH, ARLINGTON, want to hear it,’’ she stated. worked, Democrats on the Ways and Means VIRGINIA, MONDAY, JUNE 9, 2003 ‘‘He was very quick in seeing through to and House Budget Committees, may be well My name is Dan Maffei. I am the spokes- the essence of things—particularly sneaky aware of his biting edge when he thought Re- person on the Democratic Staff of the Com- ways that people could turn and twist the publicans were running amok, but I can as- mittee on Ways and Means where Al worked. tax code to benefit from policy changes,’’ sure you that he was equally informative, I first got to know Al though his memos. Gravelle said of Davis’s economic intuition. honest, and skeptical when Democrats were Al’s memos were sort of like his Star of She added that Davis’s economic know-how dodging or ignoring principles of tax or budg- Bethlehem. They did not reveal all the and command of public policy would be hard et policy. truths but they led you to him and you were to replace. Al was a national treasure. He knew more seldom disappointed. ‘‘To replace that set, to explain things and quirks of the tax and budget process than Al’s title was ‘‘Chief Economist’’ but Al understand them—quite often these two do most of us will ever hope to guess at, much knew more tax law than most tax counsels not go together. Particularly in economics,’’ less understand. He could translate con- and virtually anything about the federal she quipped. ‘‘I can’t help but believe that fusing rules, jumbled numbers, and incom- budget. He knew American history. When I Democrats will suffer from the loss of those plete actions, with a keen awareness of just had a question about physics or Latin, it was skills.’’ how they were going to affect the policy a pretty good bet Al would know that too. Brookings Institution senior fellow and process. He would spend whatever time was And Al didn’t just know the answers, he Tax Policy Institute codirector William G. necessary to educate his bosses and his col- knew where the answers came from. He could Gale said Davis’s passing would leave a void leagues in the tax and budget community, explain how to understand them to any jour- that will not easily be filled. even if it meant that he had to work 18 hours nalist or staff member—his ‘‘clients’’ or ‘‘He was deeply committed to what he was instead of 12 to get other parts of his job ‘‘customers’’ as he called them. doing—but he was also willing to take a step done. Al was a greater communicator. back and laugh about the policy silliness,’’ Al and I go back to graduate school days at Too often, the simple soundbite answer can Gale recounted. ‘‘He will be sorely missed the University of Wisconsin long ago. We lead to unfair and unjust policy. both personally and professionally.’’ both had returned to school after a military But, as a wise member of the Ways and While noting that he believes there is a sea tour of duty, and we both had a keen interest Means Committee once said, ‘‘If you have to of unsung policy experts and congressional in issues of public policy. Al was quickly dis- ‘splain it’ you’ve already lost.’’ staffers keeping most lawmakers afloat, affected by some of the arcane aspects of ec- Al Davis was the antidote to that axiom. Gale hinted that the stereotypical Wash- onomics—those that might be great for ten- Al could, by explaining something so well ington bureaucrats do their jobs ‘‘maybe not ure but had no applicability to the real and so clearly, reveal the simple truth with- quite as well as Al did.’’ world. Al wanted to solve problems and his in a complex issue. ‘‘He wouldn’t have bothered writing such interest from the start was in public policy. Al produced both quality and quantity. clear, compelling stuff if he didn’t think it How could it be made to work best for the Memos, e-mails, distribution analyses, mattered,’’ he said of Davis’s economic con- public? From beginning to end, I don’t think spreadsheets, one-pagers and charts—charts, victions. there was ever any other motivation that so charts, charts. Moreover, Gale suggested that Davis’s long drove him. He was an exemplary public serv- With such preparation, it is easy to under- commitment to combating complexity and ant, the embodiment of the concept of serv- stand why Al was such a good sailor and out- other long-term fiscal concerns had renewed ice. doorsman. Compared to Al, the best boy his sense of purpose in recent years. At the same time, he was fun. Sometimes scout would look impromptu. ‘‘One of the things he really railed against when action was fierce, battle lines drawn, Al even could predict the future. was the disingenuity of how tax cuts were and staff abuse the order of the day, Al On the House floor, he was a walking li- advanced over the last few years,’’ Gale said. would smile brightly and plunge harder than brary. A member would ask some obscure ‘‘It was a constant thorn in his side that tax ever into the morass to try to come out with question and Al would say, ‘‘I happen to have cut advocates were using any argument to information that was straightforward, sen- something on that right here.’’ justify their tax cuts. So he spent a lot of sible, and influential. And always timely. He Though he had served with distinction in time trying to be a reality check on those had a special smirk for much of the silliness the United States Army, Al was not particu- people.’’ that always prevails in the legislative proc- larly good at taking orders, and not good at Mays noted, however, that even though ess, and when you saw it come over his face, delegating. But that did not matter. He was they had been overtaken by the immediate you got ready for a good story—the same a staff unto himself. sense of mourning, she and her staff would way you anticipated a Bob Hope punch line. Al had many bosses throughout his career ultimately honor Davis’s memory by con- I think Al’s energy cells were fueled by the but his big secret was that he really worked tinuing to shine a light on potential abuses action going on around him. for himself. All of his bosses would quickly of the tax code. Integrity largely defines Al’s approach to realize that, if allowed to do it his way, Al ‘‘Al would want us to keep fighting. He work and policymaking. There’s something could cause a great deal of trouble for some would not want us to stop just because he is about our system of government that makes and do a great deal of good for the working not one of the troops anymore,’’ she stated. it dependent on people like Al, the ones who Americans. Contributions in memory of Albert J. tell it like it is and are willing to bear the ‘‘Business is good,’’ Al would say. Davis may be made to memorial funds estab- consequences. There’s a story that circulates He would reveal the gimmicks, debunk lished in his name at Swarthmore College in government about the many staff persons myths, and correct bad numbers. and the Chesapeake Bay Foundation. in Congress and the Executive Branch who A couple of weeks ago, the Senate Repub- either stare at their shoes or simply tell licans’ tax bill was derailed by ‘‘an esti- [From Tax Notes, June 9, 2003] their bosses what they want to hear. The mating error.’’ A memo Al had written two shoe staring arises when a elected official days earlier revealed a flawed estimate. Even A TRIBUTE TO AL DAVIS says something outlandish or wrong, but no as Al lay in the hospital, he had thrown a (By Gene Steuerle) one has the nerve to correct him or even put wrench in the works of those trying to get Al Davis. Al Davis. Where are you, Al, now better information into the conversation. away with too many short-cuts. that we need you more than ever? Many trib- Al’s failure to play these games may have Al was angry at the current Administra- utes are going to be made about Al, who died foreclosed certain career options, but he was tion and the Republicans, not for their views on Friday, May 30, as a result of injuries usually in his element in the jobs he took, but for their dishonesty. from being struck by a taxi. Still, I feel com- always just below the surface visible to the Al did not sit well for lies. pelled to add my own accolade, not just in public but right at the heart of policy. Honest opinions, honest numbers, honest gratitude for what he did for me over the It’s hard to convey fully the loss to the budgeting—these meant a great deal to Al. years, but to challenge all of us who engage policy community, much less to Al’s friends He had a particular dislike of logically in- in tax analysis and policy to try to live up to and loved ones. I do know this. Al’s death consistent statements that were designed to his standards. warns us once again that those who would con the public. He saw only one rational re- Anyone who worked with Al knows that he serve must do it now, not later after some action—ridicule. was a master at putting together informa- power has been obtained or some career am- As he wrote, ‘‘Most recently, the President tion and disseminating it in easily digestible bition achieved. Thanks, Al. And every time has equated tax cuts with ‘jobs.’ He has nuggets. He loved data and would recon- I see still more silliness in the tax or budget warned against a first-round of tax cuts as figure and recompile it until the stories hid- process, I’ll sense your outrage that it ‘small’ as $350 billion. If economics is that den in the numbers came out and hit you couldn’t have been done better and your simple, why not eliminate all taxes? If eco- over the head as if they were apparent all humor at how it all happened. I’ll try to nomics were that simple, families could get

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.094 H10PT1 H5166 CONGRESSIONAL RECORD — HOUSE June 10, 2003 ahead by spending twice their income every Al’s mastery of economics, his vast Mr. DOGGETT. Mr. Speaker, as I am year.’’ institutional knowledge and patient sure is the case with each of those who Al’s sarcasm had a lighter side too, fre- demeanor, combined with the rare abil- have spoken tonight, I come to these quently accompanied by that trademark ity to simplify and explain complex remarks with a heavy heart, one of the grin. Back in the army, Al would quip that he data, helped ease my transition and the more difficult remarks that I make was given a rifle to guard a paint shed, a transition of many others to the com- here I guess for two reasons, both be- night stick to guard a depot, and nothing at mittee. cause of my affection for Al and be- all to guard the Pentagon. b 2045 cause he is not here to help me with Many years later when the Bush White the speech. House sent up a budget wrapped in an Amer- It served committee Democrats well As I look back over the floor, I see ican flag cover, Al’s memo ripping the budg- during crucial tax debates. the spots where I would see Al sitting As several poignant columns have et’s tax provisions apart had a bold stars and with John Buckley and Janice Mays stripes watermark. pointed out this past week, including and Dan Maffei, with Beth Vance and As the war in Iraq got under way, Al sent these that have been referred to in The other members of the staff of our com- the following e-mail: ‘‘The newspapers today Washington Post and in Tax Notes, Al mittee, knowing the loss that each of say that the stock market ‘soared’ upon worked tirelessly to shed light on the us speaks of tonight as a Member is a news of the war. Forget the dividend tax cut ways in which data and statistics can plan, the stock market is taken care of.’’ loss that has been suffered by his col- be and often are manipulated and mis- Recently, I sent Al an e-mail about a new leagues who worked with him, the clos- represented to serve narrow purposes. Democratic Leadership Council idea to set est as staff members on the Committee up a ‘‘prosperity reserve fund’’ so the Fed- At the same time, Al was proudly partisan and used his extensive knowledge on Ways and Means. eral government could put away money to But I think of the many times that I pay down debt later on. Al’s response was to influence public debate on economic have been here when I was over there five words: ‘‘Ringling Brothers Barnum and and fiscal policy. Bailey’’ Whether one agreed or disagreed with vigorously scribbling the final notes of That was not the only Democratic dumb Al, everyone who was familiar with what I might say in rebuttal to some idea that came Al’s way. As each new young him acknowledged the accuracy of his argument I heard when Al would come staffer came along, feeling that he or she data and the sincerity of his motives. over and note something that had been really had the solution, and came to Al with omitted from the debate and totally their flawed idea, Al would sign. Or, it was He never stopped fighting for economic justice, and he was especially pas- change my speech; or when having con- something he had heard a dozen times be- cluded that the strongest argument for fore, it would ge the head shake. sionate in his criticisms of the increas- Al was well practiced at rolling his eyes. ing inequities in the Tax Code. He our side was a particular bit of data, I Yet, Al had near endless patience. Fre- clearly stood for the working men and would turn to Al and have him indicate quently, a young legislative aide would as- the working women of this country. that it really was not quite as solid as sure Al had lost patience with him when, lo His charts, graphs, spreadsheets and perhaps the sheet that had come out and behold, they would get an e-mail from Al memos were highly regarded on the from one of the various groups particu- with all the answers they needed. Hill and among fiscal and budget policy larly interested in the matter might Al disdained it when other staffers or experts, and his research and presence have indicated and that a stronger ar- members of Congress would take themselves gument was to be found somewhere too seriously. That was a trait he did not will be greatly missed. have. As many speakers here today are else. In fact, the most frequent victim of Al’s aware, Al’s office space was a study in Al did all this with that sense of acerbic wit was Al himself. He would apolo- controlled chaos. I met with Al in his gentleness, of cooperation that has gize for ‘‘torturing’’ people with his depth office shortly after I joined the com- been spoken of by others here tonight. explanations. Or say that some foolish per- mittee in January, and I was impressed He was a remarkable individual. son decided to do a detailed analysis of this with both the volume of material in his Also, I still have a collection of e- bill and then attach a memo that he himself office and the fact that he was able to mails from Al because, as others have had done. quickly locate seemingly obscure infor- also pointed out, Al would see some bit Just about 6 weeks ago, I asked Al whether mation with very little effort. As com- of contradiction. One of them I came he had ever taught college. Al could have across was one that in a simple mes- made a great college professor. Al said that mittee members and staff know, Al had he finished his Ph.D., he might have con- typically carried much of this material sage said I was struck by the following sidered it. with him at all times, carried it with sentence in the President’s speech last But that would have taken Al out of the him to the floor; and he always had rel- night, preceded by an analysis by Al of front lines. In the fight for better govern- evant information handy. During our the contradictions between what the ment and for a better life for the working heated debates, he was a constantly re- President said and what the President people of this country, Al was in the best assuring sight to all of us on this side and his administration had done. place he could be. of the aisle and could always be count- Al has provided the kind of careful For even though Al could seem cloistered insight to public policy, the kind of among his books and files and spreadsheets, ed on to clearly and concisely refute and even though he would shun meetings and arguments on fiscal and budget policy careful analysis of the numbers but had to be dragged to the House door, Al made by our colleagues on the other also with an understanding of the loved being an agent in the process—and a side of the aisle. human condition, an understanding in potent one at that. He had found work wor- Simply put, Al is irreplaceable, a re- a life varied in experience, filled with thy of himself. ality check for both Republicans and love from his family and from his col- And besides, it didn’t whether he had the Democrats; and his friends and colleagues, and he brought that special in- title, Al was the best professor I ever had. leagues will feel his loss for years to sight to us so that it was not just a Mr. SPRATT. Mr. Speaker, I yield to come. matter of regurgitating the numbers the gentleman from Texas (Mr. Al’s friend and a friend to the com- but of putting flesh and bone on those SANDLIN), also a member of the Com- mittee, Janice Mays, is the Democratic numbers and translating them into mittee on Ways and Means. staff director and Al’s most recent what they meant to ordinary American Mr. SANDLIN. Mr. Speaker, I thank boss. On the issue of going forward citizens in a way that few people I met the gentleman from South Carolina for from this point, she recently said, ‘‘Al here, either elected or unelected, have yielding to me. would want us to keep fighting. He a capacity to do. Mr. Speaker, unlike many of my col- would not want us to stop just because As I think about the tragic loss of Al, leagues on the Committee on Ways and he is not one of the troops anymore.’’ something that came so unexpectedly Means, I only knew Al Davis well for a There could be no better memorial to all of us, to his family, his friends, brief period of time, although now I am than that; and Mr. Speaker, there his colleagues, I think that while I will in my fourth term. I had previously could be no better compliment. add a few more specifics in my ex- met Al, but I recently became a mem- Mr. SPRATT. Mr. Speaker, I yield to tended remarks here tonight, that I ber of the committee. It did not take the gentleman from Texas (Mr. would want to reflect on Al’s commit- me long to learn that Al was an invalu- DOGGETT), also a member of the Com- ment to words like dedication, indus- able resource to all of us. mittee on Ways and Means. try, loyalty and integrity and would

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.097 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5167 say that when it came to issues like re- more Al Davis’ on both sides of the aisle. It is Mr. OSBORNE. Mr. Speaker, I think tirement security, like assuring that very sad that, instead, we have one less in that our recent military successes in people could get health care, like guar- our presence today. Afghanistan and Iraq have dem- anteeing that there was at least a little Mr. MCNULTY. Mr. Speaker, I am honored onstrated very clearly that we are the sanity in the budget process, and I ini- to join with my colleagues tonight in cele- preeminent military force in the world. tially met Al working with the gen- brating the life, and mourning the loss, of an Our economy, although it has been tleman from South Carolina (Mr. exemplary public servant, Al Davis. somewhat slowed recently, is certainly SPRATT) and with his predecessor, the Al was the embodiment of the concept of the strongest in the world. gentleman from Minnesota (Mr. SABO), public service. He possessed an encyclopedic By most measures, the United States as a young member of the Committee understanding of the tax code and was com- is the most powerful Nation in the on the Budget, on issues like tax fair- mitted to the promotion of truth and honesty in world. At the present time, we stand ness that have been so important to me American tax and budget policy. In fact, if alone in a position of preeminence; and personally, that Al was committed to there was one word synonymous with Al, it so sometimes when one is in that posi- those issues. would be ‘‘honesty’’. Members and staff on tion, it is easy to begin to think that His tragic passing reminds us that we both sides of the aisle expected nothing but we are invincible and that this will go never know how long our tenure and the raw truth from Al, and they were never dis- on forever, and certainly we hope that our ability to serve what we view the appointed. It was the core of his being. that is the case. public interest is going to be, and I Armed with a keen sense of American his- Then I think it is important that we think we are called upon in remem- tory, a quick mind and sharp wit, and the pas- cast a historical frame of reference on bering Al to remember the causes that sion of his convictions, Al would cut through all of the recent circumstances on were most important to him and to re- the political rhetoric to translate complex tech- things that have happened. double our efforts in his spirit and on nical data into readily understandable facts. Certainly 2,500 years ago, the Greeks were preeminent; and they, I am sure, his behalf to fight for fairness, to op- While the Congress may be diminished by his felt that their culture would last for- pose hypocrisy, to stand up for what is physical absence, his commitment inspires us ever and that they would be in a pre- right for the American people in much to continue the fight for better government. eminent position until history ended; the way Al would do if he could be here Al, you will be missed both personally and and then 500 years later, 2000 years ago, offering us suggestions tonight. professionally. But as you look down on us we found that the Roman empire had Mr. SPRATT. Mr. Speaker, I thank from a better place, we will be inspired by superseded Greece, and again, for a pe- the gentleman for his remarks. your example and the sense of purpose you riod of time, it was the most powerful Mr. STARK. Mr. Speaker, I rise to join my set in the fight for a better life for the working nation in the world, just dominated the colleagues gathered here today to honor and people of our country. then-civilized world as we knew it. memorialize Ways and Means Democratic Mrs. JONES of Ohio. Mr. Speaker, I would Staff Economist Al Davis who life was trag- 150 years ago, the British Empire cer- like to take this opportunity to join my col- tainly was the most dominant nation ically cut short. leagues from the Ways and Means Committee Al dedicated many years of his life to help- in the world and controlled most of the honoring Mr. Al Davis. ing Democrats in the House of Representa- affairs in the discovered world at that As one of the two newest members on the tives promote policies to improve the lives of time; and of course, even the Soviet committee in the 108th Congress, I was privi- America’s working families. He did this first Union just 20 years ago appeared to be leged to become acquainted with Al and ap- when working for the House Budget Com- an almost invincible force. It was our preciate his round the clock efforts to make mittee Democratic staff and more recently with rival. And so the United States and So- sure the Democratic members of the com- the Ways and Means Committee Democrats viet Union were the two most powerful as our chief economist. mittee and their staffs were kept abreast of the nations in the world; and yet in each Those of us lucky enough to serve in Con- upcoming events and legislation we would be case, each one of these great civiliza- gress know how important the role of staff dealing with. And I do mean round the clock. tions, each one of these nations fell, really is. A good staffer is not someone who Messages would come on my Blackberry and the interesting thing was that they will just agree with you—though it takes many pager at 11 o’clock at night, sometimes later. did not fall from outside forces. It was of us a very long time to discover that reality. When major bills were getting ready to be dis- not because somebody took them over. The best staffer is someone who understands cussed in a hearing or markup before the Rather, they fell from internal factors; the facts and helps you use those facts to pro- committee, the first memo that reached my and so their unity of purpose, their na- mote policy that you support or oppose, but hands in the morning would be the most re- tional resolve, the character of their will tell you when the facts aren’t on your side. cent information that Al had spent the previous people began to crumble, and as a re- Al excelled in this role. He knew the tax night researching and compiling. sult, they all to some degree became code and budgetary impact of any change in To say that Al provided sage-like advice to less powerful, and to some degree they law better—and more quickly—than almost the committee is an understatement. While my became history. anyone. If you needed the facts to support colleagues on the committee are extremely So what is America’s greatest threat your argument, he was there with a memo to knowledgeable of the economic issues related today? I am sure some would say al assist you. But, only if your argument was cor- to the Ways and Means’ jurisdiction, rarely Qaeda. Some would say it is the ongo- rect and could be substantiated! And, that was would they not yield to Al as he would offer ing conflict in the Middle East between why Al will be missed so greatly. He’d tell you greater insights into the complex issues we Israel and Palestine. Some would say it if the facts didn’t support you—and you faced. I think I can speak for other members is the nuclear capabilities of North couldn’t convince him to do otherwise. when I say that a common first response to Korea and possibly Iran. Others would There are two words that I think best de- questions we had for our staffs was ‘‘Let me say the biggest problem we have is the scribe Al Davis. The first is ‘‘integrity’’. As I’ve check with Al and see what he thinks.’’ economy, and certainly all of these said above, he always held true to the facts Al’s tireless work ethic, attention to detail, things are important, and certainly and helped us do so as well. The second and cunning sense of humor will be remem- they are all worthy of our attention, word is ‘‘commitment’’. Al was truly committed bered by all his friends and colleagues, here and they certainly get it in this body to the work he was doing here on Capitol Hill. on Capitol Hill and elsewhere. As I take these on a daily basis. He was here helping us whenever the Ways moments to remember Al, I also want to thank I would submit to my colleagues that and Means Committee was meeting or the full him for his steadfast commitment to the ideals from my perspective the greatest House was considering Ways and Means of the committee. threat that this Nation faces today is bills—no matter how late at night it was. When f not outside forces, but rather, it is un- the House wasn’t in session late, he was usu- raveling of the culture from within. So AMERICA’S GREATEST THREAT ally still here long after we’d gone home ana- I am going to tonight, Mr. Speaker, lyzing bills, making charts and getting his The SPEAKER pro tempore (Mr. document this thesis in some ways, and memos out to us to make sure that we had FEENEY). Under the Speaker’s an- the reason I say this is because I have the facts necessary to promote or combat var- nounced policy of January 7, 2003, the had considerable experience working ious policies. gentleman from Nebraska (Mr. with young people over 36 years. Al Davis will be sorely missed. He was the OSBORNE) is recognized for 60 minutes From 1962 to 1997, I spent almost all consummate Congressional staffer. We need as the designee of the majority leader. of my time working with young people.

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.157 H10PT1 H5168 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Most of them were ages 17 to 22, but I sonal experience that there are roughly good families in our country, but the also spent a lot of time in high schools 80–90 percent of the young people in the launching pad is certainly cracked, and with summer camps where I worked suburbs and rural areas, nobody is changes have been undertaken in our with kids in the 9th, 10th and 11th and home at 3 o’clock and they are society that are going to be really dif- 12th grade. I coached 150 young men latchkey kids as well. ficult for us to rectify in the imme- every year, visited 70 to 80 high schools So this has been a tremendous shift diate future. in all parts of the country. Some were in our demographics. Parents today So on top of the family disinte- in inner cities, some were in suburbs, spend 40 percent less time with their grating to some degree, we find that some were in rural areas; and I sat in 70 children than a generation ago. The av- the environment in which young people to 80 living rooms all around the coun- erage parent spends no more than a few are living has changed dramatically. try from wealthy to poor to rural. So I minutes with each child, and a huge When I began coaching in the 1960s, am not saying, Mr. Speaker, that I un- amount of time is eaten up with the drug abuse was almost unheard of. We derstand the whole situation that is television set and work activities. The had never heard of cocaine, steroids, going on in our country; but over those divorce rate has increased, from 1960 to methamphetamine. We heard a little 36 years, I began to see some things 1995, 300 percent. Currently today, 24 bit about marijuana, but that was that were of concern, some things that million children are living without somebody out in Hollywood, and none I think are worthy of note. their real father. of the young people I was dealing with The young people I worked with were I dealt with a lot of those young peo- had experienced it. Of course today, talented; and as time went on, they be- ple and I remember particularly one currently, we find that we have a drug came bigger and faster and stronger case where this young man was a good epidemic on our hands, and that in- and in some cases smarter, but they football player, and by his junior year cludes alcohol. We have between 2 and also were more troubled. I saw more he was being mentioned as being an 3 million teenage alcoholics in our personal problems. I saw more stress. I All-American. One day I got a phone country today. So the drug issue has saw more young people who were off call from a man living in another State become one of epidemic proportion. balance; and as a result, over that 36- and he wanted to know if I knew this The thing that is really interesting year period, I progressively spent less player. I said, I coach him. He said, to me and astounding to me and dis- and less time coaching and more and ‘‘That is my son. I would like to talk couraging to me is at one time we as- more time dealing with personal issues; to him.’’ sumed rural America was the bastion and I think almost anyone in education So I talked to this young man and I of the family, and that was the one would tell us the same thing, whether thought he would be thrilled being replace we could count on traditional they are a school administrator or a united with his father. He said, ‘‘He values. Yet we find at the present time teacher or a coach. Anyone who works left me when I was 1 or 2 years old and that drug abuse in rural areas is equal consistently with young people over a now the only reason he wants to talk to that of the urban areas, if not great- period of time will tell us that things to me is because I am somewhat fa- er. The greatest scourge currently in have changed. There has been a shift, mous as a player, and I do not want to rural areas that we have is meth- and as far as stability, it has not been talk to him.’’ amphetamine abuse. It is roughly twice for the better. I sensed the anguish. I saw young as prevalent as it is in the cities. If you I think, Mr. Speaker, there are sev- people time and time again who had a are addicted to meth, the time that eral factors that have contributed to father who was missing in their life you are going to have to spend in inpa- these changes, and the first of these and they were trying to fill that void, tient treatment to have any chance of that is very obvious, and I think al- and usually it was with all the wrong being cured is not 3 months as it is for most anyone would recognize this, is a stuff; and it was not just young men, it alcohol and other drugs, it is roughly change in family stability. In 1960, was young women as well. 24–36 months, and then the odds are This Sunday is Father’s Day, and fa- when I first started working with very good you will not beat it and therless children are in some difficult young people, the out-of-wedlock birth- meth probably at some point will kill circumstances at the present time. Fa- rate was 5 percent. Today, it is 33 per- you. cent. So roughly one out of every three therless children are 120 percent more likely to experience child abuse, twice The average meth addict will commit children are born out of wedlock, with roughly 130 crimes per year to support no stable marriage and have two as likely to drop out of school, 2–3 times more likely to have mental or that habit. Imagine the cost to each strikes against them. That is an in- community of one meth addict, and we emotional problems, 11⁄2 times to 2 crease over that period of time of 600 have rampant meth abuse in the rural percent. times more likely to abuse drugs and alcohol, and 11 times more likely to areas. We also have the highest rate of In 1960, the great majority of young violence of any civilized nation in the people lived with both biological par- commit a violent act. I ran into a story recently that is world at the present time. The United ents. We would occasionally see a States has the highest homicide rate. young person who was from a single- true, and this had to do with a greeting card business that contacted a prison. We have the highest suicide rate, and parent family, but usually if we did so, of course we have had numerous school it was because one parent or the other Mother’s Day was approaching and they notified all of the prisoners that shootings in the United States in re- was deceased. Today, roughly one-half cent years, and Columbine is almost of our young people are growing up they would provide a Mother’s Day card free if the prisoner would use it the catch word for that type of activ- without both biological parents, again, ity. So the violence activity has esca- an increase of probably 3 to 500 percent and send it to his mother. They had almost 100 percent participation. Prac- lated astronomically over the last 25 in terms of lack of stable families. years. Today, only 7 percent of our families tically all of the inmates took the card are so-called traditional families. So and mailed it to their mother. They Also, pornography has exploded. the family that we have is generally a thought this was quite a success. There are over 1 million porn sites on father works, a mother stays home So Father’s Day was rolling around the Internet today. Sixty percent of all with the children and is a full-time and they thought they would do it sites on the Internet have to do with homemaker or at least if the mother again. And the interesting thing, Mr. pornography, and that is more than works, the father stays home, and yet Speaker, in that particular prison one-half. Additionally, there are more only 7 percent of our families are of there was hardly anyone who asked for than 100,000 child porn sites on the that nature today. a card to send to his father because, I Internet. Child pornography is illegal, would assume, because none knew their and yet we have 100,000 child porn sites. b 2100 father, or their father had abandoned So our children, our young people, are So we often think of latchkey kids them. being engulfed by a wave of pornog- belonging in the inner city where they What I am saying as far as the family raphy. come home after school and nobody is is that the launching pad, the family, It has been estimated that 1 out of 10 there, but I can tell Members from per- is not totally broken. We have some children between the ages of 8 and 16

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.158 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5169 have viewed pornography on the Inter- young man who did the shooting went b 2115 net, and mostly this has been uninten- 9 for 9. He shot at 9 young people and The thing that really grabbed my at- tional. They have used a search word he hit all 9. Many law enforcement peo- tention was that there was a poll that such as Pokemon, Disney, Barbie, ple said that was amazing. Hardly any was done and the question that was ESPN, and those search words bring up law enforcement individual could have posed to the American public was this: a porn site, and once you bring up a done that, but the amazing thing was Is there any correlation between job porn site, you begin to get spam, which this particular shooter had not fired a performance and private behavior? In is dozens of porn sites and the child is gun before. He had played a lot of video other words, what you do in your pri- inundated with pornography. games, and in playing those video vate life, does that have anything to do I was really surprised about a year games, he had shot lots of people. Ap- with your job performance? Seventy ago, Mr. Speaker, to realize that my parently he got very good at it because percent of American adults say it has name used as a search word brought up he was almost perfect in his score. no connection, that there is no rela- a porn site. We were able to get that That shows you what video games can tion. You can be a bank president and rectified, but the average young person do. do all kinds of unscrupulous things in in my district who is maybe doing a re- We have much music, some tele- your private life, and it does not affect search paper on his or her Congressman vision, many movies, some talk shows your job. You can be a very unscrupu- and plugged in my name would all of a are very explicit and very graphic, and lous coach, and it would not make any sudden be confronted with a porn site. all of these things, if you think about difference in how you did your job. It In a civilized Nation that simply it, simply could not have been put on was amazing to me that this many peo- should not happen. I have grand- the airwaves 30 years ago. It would ple in the American public would say children ages 3–10. I have four of them. have been impossible to present this that there is no correlation between I can imagine that they will someday kind of material, and yet we have drift- job performance and private behavior, be exposed to hard-core pornography, ed so far that this becomes common- because what we are saying here is and this should not happen. Many peo- place and nobody objects. And obvi- that character really does not count, ple say pornography is a victimless ously, this is impacting the minds and because what you do in private essen- crime. It does not really hurt anybody hearts of our young people. tially is an issue of character. The so what you see and hear does not The family is less stable. The envi- value system has certainly changed in make any difference in terms of how ronment young people are growing up that regard. you behave. in is more threatening, and also I In the business world, we have seen If that is true, why do we have an ad- would submit that our value system some changes. I would submit that vertising industry that spends billions has shifted and shifted considerably. I WorldCom and Enron and Global Cross- of dollars on advertising? Obviously, if would point to a study that was done ing were not isolated instances. These you see a soft drink advertised in an by Stephen Covey who wrote the ‘‘7 were not accidental happenings. It was appealing ad, it changes your behavior. Habits of Highly Successful People’’ simply a reflection of the shift that we You are more apt to purchase that soft and what he did was research every- have had in this culture to an all-out drink or automobile or whatever is thing that he could find that had to do infatuation with material success. And being advertised. Obviously what we with success. He said that he noticed a so anything goes in those types of situ- see and what we hear has a tremendous marked shift. He said in the first 150 ations. The Great Wall of China, Mr. impact on our behavior, and our young years in our country’s history, success Speaker, was breached twice. It was people today are being inundated with was defined primarily in terms of char- several thousand miles long. It was be- these kinds of messages, and that is acter traits. A successful person was lieved to be impenetrable. As a result, discouraging to see. it was built to keep out the barbarian The video game is also a problem. honest, a successful person was hard- hordes. Yet twice it was breached. In Today, 8- to 18-year-old boys average 40 working, a successful person was faith- neither case was it a situation where minutes a day playing video games. ful, was loyal, compassionate. And so the barbarians overran the wall, There is nothing wrong with that as really it had to do with qualities of vir- knocked it down or had a military vic- long as the video games are within the tue, and that is what success was. tory. It was because they bribed the lines. They might be a little bit vio- Then he said about 50–60 years ago he gatekeeper. What I would submit at lent, but they are probably not going began to notice a shift in the literature the present time is that a lot of our to be a real problem. But we see that that he was reading. He noticed that at gatekeepers at the present time have some of these games have gotten pro- the present time and for the last 50 gressively more and more violent and years or so that success is now defined not been responsible. As a result, we more and more graphic. Many of them in terms of material possessions, in see a lack of trust in our country today teach stalking and killing techniques terms of power, and in terms of pres- that is almost unprecedented. Many that are actually used in training mili- tige. So a successful person has money. people no longer believe that some of tary personnel, Special Forces, to go He may not be an admirable person, the leaders that we have in various in- out and kill people. but if he has enough money, he is suc- dustries and politics and athletics and One particular video game that we cessful. He may have influence and the business world can be trusted. Of saw recently here in Congress was such power, and if that is the case, he may course, the alarming thing here is that an example. It was one in which the not be a good person or an admirable democracy is based on trust. When young person would engage in stalking person, but he is a successful person. trust evaporates, then it is very dif- someone and shooting them, and if you He may be very popular. He may have ficult to run an effective democracy. hit them in the right place in the head people wanting his or her autograph, The predominant world view today, and the blood flew, you were rewarded and he may not be a very good role Mr. Speaker, is something called by a series of pornographic images. model, but if he has popularity, he is postmodernism. Postmodernism is a That was your reward. So people say labeled successful. belief that there are no moral abso- that is for adults and those were adult- So success is no longer linked to lutes, that nothing is absolutely good rated games, but the average person character and that is an interesting or bad in and of itself. As a famous in- who plays those games is 12 years old. shift in the way that our value system dividual recently said, the Ten Com- The marketing is beamed directly at has come about. mandments are irrelevant. And so ev- young people who are teenage and In 1998, there was a poll done that in- erything is relative. Theft is justified preteenage children. dicated a very high approval rating for at times. If you need what you are There is no way, Mr. Speaker, that the President who was in office at that stealing bad enough, it can be justified. you can play these kinds of games for time. Even though that particular Everything is relative. Murder cer- any length of time and not have it im- President had misbehaved rather badly tainly could be justified if you happen pact you in some way in the depths of with an intern in the Oval Office and to kill someone who is really not an your psyche. had lied to the American public, he admirable person. You can rationalize There was a school shooting in Ken- still enjoyed a very high approval rat- that it is okay. Adultery is certainly tucky a couple of years ago, and the ing. something that is acceptable if nobody

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.160 H10PT1 H5170 CONGRESSIONAL RECORD — HOUSE June 10, 2003 is going to find out. Even treason no one who is paid to do this; but it is the dollars. What we are doing in our would be okay if you were angry someone who simply cares enough to society today is we are spending huge enough or hated your country badly be there with that child and provide amounts of money on the back end, enough. Postmodernism has dominated stability and a caring environment and and we are losing person after person our thought and I think has had a tre- a stable relationship in the life of a after person, the recidivism rate is mendous amount to do with the way young person who probably does not about 85 percent, and we are not spend- our young people and our country know what that looks like. ing the money on the front end where begin to see things. The second thing that a mentor does we can really make a difference. Men- In view of the fact that we have had is he affirms. I guess I saw that very toring is something that we think is a a family breakdown, we have had a de- clearly in athletics. If you told a player possible solution, at least a partial so- cline of the culture and a shifting of that you really believed in him, that lution. values, this is an extremely difficult you really thought that he could The President has been talking about time for our young people. They are amount to something, that someday he the Call to Service Act. This is legisla- being asked to weave their way had a future with you, oftentimes he tion which encourages volunteerism in through a minefield. In this minefield, would grow into that which he did not our country. One of the greatest re- there is alcohol and drug abuse over know that he was even capable of sources that we have in this country here, there is harmful video games over being. On the other hand, if you said, today is our senior citizens. We have so here, unwholesome music and tele- you know, I really do not think that many people who have retired in their vision over here, there is promiscuity you are going to make it, son, we do late 50s or in their 60s, and they are over here and gangs here, violent be- not really think we have a place for going to live until they are 80 or 90 havior and broken homes and all of you here, his performance would begin years old and they are still healthy and those things; and somehow we are say- to tail off and pretty soon he would they are still vibrant. The greatest ing, you have got to get through this play down to that level of expectation need that we have in our country today thing and you are probably going to and he would be gone. So affirmation is is extended family. Our kids growing have to do it by yourself because you critical. No one can live without some up do not have grandparents, some do are not going to get much parental type of affirmation, whether you are 50 not have parents at all; and so we feel support or adult support. And so we are years old or whether you are 30 or that the Call to Service Act can cer- asking our young people to do some- whether you are 10. A mentor is some- tainly be used to hook up people who thing that is very, very difficult and in one who says, I believe in you. I really will volunteer, who have some life ex- some cases almost impossible. What we think you can do this. And you are im- perience to help our young people, to find is that our children’s feet are not portant to me. A mentor is one who af- mentor them, to tutor them, to be sup- set on a rock but they are, rather, set firms. portive; and we think this is a tremen- on sand. Also, thirdly, a mentor is one who dous opportunity. I think it is important we pay atten- provides some guidance. So many The Internet gambling bill was tion to these issues because a culture is young people that we have today have passed today on this floor. I hope that never more than one generation away never seen anyone in their immediate it will have some success over in the from dissolution. There is no perma- family or their immediate life who has other body. As a culture, we are trying nence if the next generation coming up graduated from high school, maybe no to gamble our way to prosperity. The cannot pull it off. And so we need to one who has held down a steady job, no difficult thing is that it impoverishes think about this. De Tocqueville said one who has a concept of what it is like those who can least afford to gamble, something that was very interesting. It to be a good parent. A mentor is some- breaks up families, directs money from was a powerful sentence. He said, one who provides some guidance and children’s needs. It is tied to organized America is great because America is says, I believe in you. I think you can crime, and students are particularly good. He said this probably 100, 150 do this. I think you can graduate from susceptible. One thing that we noticed years ago. He did not say that America high school. I think you could make it on Internet gambling is that the most was rich or powerful or perfect, but he in this college, or I think you would be high-risk group of people in our coun- said America was good and that is why really good at this. Guidance is crit- try is students. All you need is a com- America was great. I think America ical. Mentoring works. It reduces drop- puter and a credit card. Most college still is good, and I think America is out rates by roughly 100 percent, re- students and an awful lot of high great; but I would say that there are duces drug and alcohol abuse by 50 per- school students have that and the more some signs on the horizon, some storm cent, teenage pregnancy by 40 percent, times that you gamble in a short pe- clouds that would lead us to wonder a violent acts by roughly 30 percent, and riod of time and the less troublesome it little bit where we are headed and to improves relations with peers and paris to do it, which Internet gambling cause us to sit up and pay attention. ents, improves self-esteem. Even provides the optimal situation, the What can be done? It is easy to state though it is not perfect, it is the best more addictive it becomes. For some it the problems, we hear that all the thing that we know of, the best oppor- has the same addictive effect as crack time, particularly around here, what is tunity that we have to begin to rectify cocaine. So a certain percentage of our wrong. It seems to me, Mr. Speaker, some of those relationships that have young people are getting addicted very that you do not leave an issue without been so badly broken and have dam- quickly. This is a powerful issue, and I at least setting out some possible solu- aged those young people so badly. believe that the Internet gambling bill tions. One thing that I would submit The President has proposed currently if it is passed in the other body can cer- that makes sense to me is the issue of $450 million over the next 3 years for tainly be a tremendous help. mentoring. We cannot legislate strong mentoring. That is $150 million a year; We eliminated the marriage tax pen- families, we cannot legislate morality; $100 million would go for mentoring for alty which was certainly but one thing that we can do is provide all children and $50 million would be countercultural to tell people that if a mentor in the life of a young person designated for children of prisoners. If you live together, you are going to who badly needs it. It is assumed that that program is enacted, and I hope have less tax consequences, it is going at the present time in our culture Congress will do that, I hope it will be to save you $1,000 or $1,500 a year as op- there are roughly 18 million young peo- funded, that will reach 1 million young posed to if you were married just ple who lack a stable, caring adult in people. That still leaves 17 million that makes no sense, because marriage is their life and badly need a mentor. are not being reached. But mentoring the basic family unit in this country. What is a mentor? A mentor, number is cost effective, because a good men- We have rectified to some degree that one, is someone who cares, someone toring program will cost $300 to $500 particular marriage penalty. who has no ax to grind, someone who per child per year. It costs $30,000 to I think it is really critical that we simply cares enough to show up and lock somebody up. As we mentioned fund drug prevention programs. Let me spend time with that person. He is not earlier, a meth addict, someone who just mention one here, Mr. Speaker. a father, not a mother, not a grand- commits 130 crimes, would be almost Byrne grants. Byrne grants go out to parent, not a preacher, not a teacher, difficult if not impossible to total up fight meth. It is amazing how much

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.162 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5171 methamphetamines cost. If you find a b 2130 particularly controversial is that this meth lab, to get that dismantled and In May of 2002, the Federal court de- particular ban I believe drew some- all the chemicals disposed of costs clared the law unconstitutional. Free thing like 84 votes in the affirmative thousands and thousands of dollars. So speech is protected, while women and on the Senate side, and we had a fairly if we do not fund this, and right now it children are attacked. large majority here, and we saw a great is not scheduled to be funded, this is a It is important to note that 80 to 90 many people who are for abortion, who tremendous blow to our culture and percent of rapists and pedophiles re- are pro-choice, in quotes, vote for this particularly to our rural areas where ported using pornography usually right ban. They were beginning to get the most of these meth labs occur. We need before they commit the act, and they idea of how barbaric it really is. to make sure that we are giving people will admit that this has shaped their So this was something where there the tools that they need. behavior and made a difference. It has been a real shift. Currently 70-some H.R. 669, the Protect Children From seems to me our women and children percent of Americans do not favor par- Video Game Sex and Violence Act of ought to have rights and freedoms as tial-birth abortion; and many of them, 2003. I am its cosponsor. I think this is well, and yet it seems the way we have as I said earlier, are in favor of abor- certainly one that can correct some of phrased the argument that they are tion. Yet this particular law, I am sure, the problems of video games. H.R. 756, being victimized, whereas others who will be challenged in the courts, and the Child Modeling Exploitation Pre- are perpetrators are being given free- there is a fair chance it may be over- vention Act, addresses the issue of doms to do so. turned as somehow being unconstitu- some people trying to get around the The Court has often ruled against tional. child pornography statutes by having school prayer. I would not do so nec- So we have seen a steady erosion of children pose as models in provocative the culture by some decisions that essarily, but some have traced some of poses, and so this addresses that. have been made in the courts. The rea- the cultural decline I have mentioned Above all, Mr. Speaker, we need a son I think this is so important to tonight to the absence of school pray- fundamental shift in the way that we bring up today is that some people can- er, which began I believe in the 1960s. address first amendment rights in the not understand why there is so much But there have been some decisions courts. This is a dangerous statement controversy over in the other body re- that really caused me to wonder. I will for somebody to make, that we have garding the appointment of judges and got to watch out for the first amend- mention some of these. In 1992, the Supreme Court declared justices; and the reason is that what is ment. Everybody is in favor of free at stake, I believe, is the future course an invocation and benediction at a speech and the first amendment, and I in many of these issues, particularly in graduation ceremony unconstitutional. certainly go along with that as well; moral issues, that our country is going On the floor of this House, every day but I would like to point out some to take. So these are monumental we start with a prayer. In many public things that have happened in the issues, and the shape of the Supreme places, prayer is used. And yet at a courts in recent years that I think Court, the shape of our district courts, school graduation it is not legitimate have been very damaging to this cul- our courts of appeal, are going to go a to have a minister, a priest, a rabbi, a ture. long ways in deciding what this coun- cleric say a prayer. Again, this seems In 1996, Congress passed the Commu- try abides by in upcoming years. nications Decency Act that made it il- to fly in the face of the way our coun- Mr. Speaker, this country was found- legal to send indecent material to chil- try was founded. ed upon principles of dependence upon dren via the Internet. Listen to what The Court also has held that a God, a recognition that life is sacred, happened to that, Mr. Speaker. In June minute of silence in school is unconsti- the importance of sound character, and of 1997, the Supreme Court overturned tutional. Now, a child may spend a the fact that children are our most im- portions of the law and made this minute of silence and may say a pray- portant assets. There is no question statement. They said, indecent mate- er, may look out the window, may that we are involved in a cultural and rial is protected by the first amend- think about the upcoming test. He is spiritual struggle of Titanic propor- ment. And so what we are saying is not forced to believe in any doctrine. tions. This struggle may present the those who produce indecent material He is not forced to pray. Yet the Court greatest crisis facing the United States have protection, and yet those children said that a minute of silence is uncon- today, as I have outlined I think fairly who receive that material and are institutional. clearly. fluenced by it have no protection. The Court also ruled not long ago As Congress addresses critical issues In 1996, the Child Pornography Pre- that a student-led prayer at a football such as national defense, the economy vention Act outlawed child pornog- game was unconstitutional. The stu- and health care, which we certainly raphy, including visual depictions that dents voted in this particular student need to spend a lot of time on, it is appeared to be of a minor and so it may body to have a prayer. They wanted a critical that we not lose sight of the not actually be a minor involved; but it student-led prayer before the game. fact that our Nation’s survival is di- could be a computer-generated image, The Court said this would really vio- rectly linked to the character of our or it could be an adult posing as a late the rights of the football players people, and particularly our young peo- minor and how do you know? The Su- who had to be there and also some of ple. I say it again, our Nation’s sur- preme Court ruled that unconstitu- the cheerleaders required to be there. vival, long-term, will rest primarily tional and overturned the law banning Yet this violated the rights I think of upon the character of our people. computer graphics showing child por- those who chose to have the prayer, f nography. the students themselves. In October 1998, the Children Online As most people understand, the LEAVE OF ABSENCE Protection Act was signed into law to words ‘‘under God’’ were struck from By unanimous consent, leave of ab- prohibit the communication of harmful the Pledge of Allegiance by the Ninth sence was granted to: material to children on publicly acces- Circuit court. Most of the framers of Mr. TOOMEY (at the request of Mr. sible Web sites. It makes sense that the Constitution obviously mentioned DELAY) for today on account of per- you should not be able to on publicly time and time again their dependence sonal reasons. accessible Web sites send pornography upon God, and yet we are trying to f to children. Yet the Supreme Court re- strip this away also from our Pledge of fused to rule on the 1998 law. As a re- Allegiance. SPECIAL ORDERS GRANTED sult, it was never enacted; and it still I am not going to get into the abor- By unanimous consent, permission to sits there today and is void. tion issue at any great length. It is address the House, following the legis- The 106th Congress passed the Child very controversial. I realize there are lative program and any special orders Internet Protection Act to require many people on both sides of the issue. heretofore entered, was granted to: schools and libraries that receive Fed- But I will mention one thing. The following Members (at the re- eral funds to use Internet filtering to Just recently Congress and this quest of Mr. RANGEL) to revise and ex- protect minors from harmful material House passed the partial-birth abortion tend their remarks and include extra- on the Internet. ban. The reason I do not think this is neous material:

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.164 H10PT1 H5172 CONGRESSIONAL RECORD — HOUSE June 10, 2003 Mr. RANGEL, for 5 minutes, today. transmitting the Annual Report on Retail stat. 1362; to the Committee on the Judici- Mr. MATSUI, for 5 minutes, today. Fees and Services of Depository Institutions, ary. 2604. A letter from the Staff Director, Mr. LEVIN, for 5 minutes, today. pursuant to 12 U.S.C. 1811 note. Public Law 103—322, section 108(a) (108 Stat. 2361); to the United States Commission on Civil Rights, Mr. DEFAZIO, for 5 minutes, today. Committee on Financial Services. transmitting the Commission’s notification Mr. LIPINSKI, for 5 minutes, today. 2593. A letter from the Deputy Congres- regarding the Minnesota State Advisory Mr. BROWN of Ohio, for 5 minutes, sional Liason, Board of Governors of the Committee; to the Committee on the Judici- today. Federal Reserve System, transmitting the ary. Ms. ROYBAL-ALLARD, for 5 minutes, Board’s final rule — Availability of Funds 2605. A letter from the Secretary, Depart- today. and Collection of Checks [Regulation CC; ment of the Treasury, transmitting notifica- Ms. SOLIS, for 5 minutes, today. Docket No. R-1150] received May 22, 2003, tion of the Secretary’s determination that by reason of the public debt limit, the Sec- Ms. DELAURO, for 5 minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. retary will be unable to fully invest the the Ms. WOOLSEY, for 5 minutes, today. 2594. A letter from the Acting General portion of the Civil Service Retirement and Ms. EDDIE BERNICE JOHNSON of Texas, Counsel/FEMA, Department of Homeland Se- Disability Fund (CSRDF) not immediately for 5 minutes, today. curity, transmitting the Department’s final required to pay beneficiaries, pursuant to 5 Mr. GEORGE MILLER of California, for rule — Change in Flood Elevation Deter- U.S.C. 8348(l)(2); to the Committee on Ways 5 minutes, today. minations — received June 5, 2003, pursuant and Means. Ms. SCHAKOWSKY, for 5 minutes, to 5 U.S.C. 801(a)(1)(A); to the Committee on 2606. A letter from the Chief, Regulations today. Financial Services. Unit, Department of Homeland Security, 2595. A letter from the Acting General transmitting the Service’s final rule — Cus- Mr. FILNER, for 5 minutes, today. Counsel/FEMA, Department of Homeland Se- toms Broker License Examination Dates Mr. HONDA, for 5 minutes, today. curity, transmitting the Department’s final [T.D. 03-23] (RIN: 1515-AD28) received June 4, Mr. INSLEE, for 5 minutes, today. rule — Final Flood Elevation Determina- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. PALLONE, for 5 minutes, today. tions — received June 5, 2003, pursuant to 5 Committee on Ways and Means. The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Fi- 2607. A letter from the Chief, Regulations quest of Mr. KIRK) to revise and extend nancial Services. Unit, Department of Homeland Security, their remarks and include extraneous 2596. A letter from the Deputy Secretary, transmitting the Service’s final rule — Set- material: Division of Market Regulation, Securities tlement Position Lease Stripping Trans- and Exchange Commission, transmitting the actions [UIL 9300.03-00] received May 22, 2003, Mr. BURTON of Indiana, for 5 minutes, Commission’s final rule — Books and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- June 17. Records Requirements for Brokers and Deal- mittee on Ways and Means. Mr. JONES of North Carolina, for 5 ers Under the Securities Exchange Act of 2608. A letter from the Chief, Regulations minutes, June 11. 1934 [Release No. 34-47910] received May 23, Unit, Internal Revenue Service, transmitting Mr. BUYER, for 5 minutes, June 11 and 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Service’s final rule — Unrelated Business 12. Committee on Financial Services. Taxable Income (Rev. Rul. 2003-64) received 2597. A letter from the Director, Corporate Mr. BURGESS, for 5 minutes, today. June 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Policy and Research Department, Pension to the Committee on Ways and Means. Mr. KIRK, for 5 minutes, today. Benefit Guaranty Corporation, transmitting 2609. A letter from the Chief, Regulations f the Corporation’s final rule — Benefits Pay- Unit, Internal Revenue Service, transmitting ADJOURNMENT able in Terminated Single-Employer Plans; the Service’s final rule — Unrelated Business Allocation of Assets in Single-Employer Taxable Income (Rev. Rul. 2003-64) received Mr. OSBORNE. Mr. Speaker, I move Plans; Interest Assumptions for Valuing and June 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); that the House do now adjourn. Paying Benefits — received June 5, 2003, pur- to the Committee on Ways and Means. The motion was agreed to; accord- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2610. A letter from the Chief, Regulations ingly (at 9 o’clock and 35 minutes mittee on Education and the Workforce. Unit, Internal Revenue Service, transmitting p.m.), the House adjourned until to- 2598. A letter from the Regulations Coordi- the Service’s final rule — Tax Exempt Bond nator, Department of Health and Human Mediation Dispute Resolution Pilot Program morrow, Wednesday, June 11, 2003, at 10 Services, transmitting the Department’s (Announcement 2003-36) received June 5, 2003, a.m. final rule — Civil Money Penalties: Proce- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f dures for Investigations, Imposition of Pen- mittee on Ways and Means. alties, and Hearings (RIN: 0938-AM63) re- 2611. A letter from the Chief, Regulations EXECUTIVE COMMUNICATIONS, ceived April 16, 2003, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting ETC. 801(a)(1)(A); to the Committee on Energy and the Service’s final rule — LMSB/Appeals Under clause 8 of rule XII, executive Commerce. Fast Track Settlement Procedure (Revenue communications were taken from the 2599. A letter from the Assistant Secretary Procedure 2003-40) received June 5, 2003, pur- Speaker’s table and referred as follows: for Legislative Affairs, Department of State, suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting a report on employment of U.S. mittee on Ways and Means. 2588. A letter from the Director, Depart- citizens by certain international organiza- 2612. A letter from the Chief, Regulations ment of Defense, transmitting notification tions, pursuant to 22 U.S.C. 276c—4; to the Unit, Internal Revenue Service, transmitting that the Defense Finance and Accounting Committee on International Relations. the Service’s final rule — Disclosure of Re- Service is initiating an A-76 Competition of 2600. A communication from the President turn Information to the Department of Agri- the Marine Corps Accounting function, pur- of the United States, transmitting a report, culture [TD 9060] (RIN: 1545-BB91] received suant to 10 U.S.C. 2461; to the Committee on consistent with the War Powers Resolution June 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Armed Services. to keep the Congress informed on clashes be- to the Committee on Ways and Means. 2589. A letter from the Director, Defense tween Liberian government and rebel forces 2613. A letter from the Chief, Regulations Procurement and Acquisition Policy, De- in the vicinity of the United States Embassy Unit, Internal Revenue Service, transmitting partment of Defense, transmitting the De- in Monrovia, Liberia; (H. Doc. No. 108—82); to the Service’s final rule — SB/SE-Appeals partment’s final rule — Defense Federal Ac- the Committee on International Relations Fast Track Mediation Procedure (Revenue quisition Regulation Supplement; Transpor- and ordered to be printed. Procedure 2002-41) June 5, 2003, pursuant to 5 tation of Supplies by Sea — Commercial 2601. A letter from the Executive Director, U.S.C. 801(a)(1)(A); to the Committee on Items [DFARS Case 2002-D019] received June District of Columbia Retirement Board, Ways and Means. 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the personal financial disclo- 2614. A letter from the Chief, Regulations the Committee on Armed Services. sure statements of Board members state- Unit, Internal Revenue Service, transmitting 2590. A letter from the Fiscal Assistant ments, pursuant to D.C. Code section 1—732 the Service’s final rule — Weighted Average Secretary, Department of the Treasury, and 1—734(a)(1)(A); to the Committee on Gov- Interest Rate Update [Notice 2003-30] re- transmitting an annual report for the period ernment Reform. ceived June 5, 2003, pursuant to 5 U.S.C. January 1, 2002, through December 31, 2002 2602. A letter from the Administrator, En- 801(a)(1)(A); to the Committee on Ways and regarding any exceptions granted, pursuant vironmental Protection Agency, transmit- Means. to 31 U.S.C. 3121 nt.; to the Committee on Fi- ting notification regarding the Coeur d’Alene 2615. A letter from the Chief, Regulations nancial Services. Basin, Idaho, Superfund site, pursuant to 41 Unit, Internal Revenue Service, transmitting 2591. A letter from the Assistant Secretary, U.S.C. 253(c)(7); to the Committee on Govern- the Service’s final rule — Employee Plans Department of the Treasury, transmitting ment Reform. Compliance Resolution System (Rev. Proc. an annual report on material violations of 2603. A letter from the Interim CEO, Girl 2003-44) received June 15, 2003, pursuant to 5 regulations, pursuant to 31 U.S.C. 3121 nt.; to Scouts of the United States of America, U.S.C. 801(a)(1)(A); to the Committee on the Committee on Financial Services. transmitting the Girl Scouts of the United Ways and Means. 2592. A letter from the Chairman, Board of States of America 2002 Annual Report, pur- 2616. A letter from the Chief, Regulations Governors of the Federal Reserve System, suant to Public Law 105—225 section 803 112 Unit, Internal Revenue Service, transmitting

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K10JN7.167 H10PT1 June 10, 2003 CONGRESSIONAL RECORD — HOUSE H5173 the Service’s final rule — Cafeteria Plans TIME LIMITATION OF REFERRED JORSKI, Mr. GUTIERREZ, Mr. LEACH, (Rev. Rul. 2003-62) received June 2, 2003, pur- BILL Mr. BLUNT, Mr. ISRAEL, Mr. WAMP, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BISHOP of New York, Mr. BISHOP mittee on Ways and Means. Pursuant to clause 2 of rule XII the of Georgia, Mr. BOEHLERT, Ms. 2617. A letter from the Director and Assist- following action was taken by the BORDALLO, Mr. BUYER, Mr. CALVERT, ant Secretary, Office of Personnel Manage- Speaker: Mrs. CAPPS, Mr. CASE, Mr. CONYERS, ment and Department of Defense, transmit- H.R. 2122. Referral to the Committee on Mr. FOLEY, Mr. FOSSELLA, Mr. FROST, ting the joint evaluation by the Department Government Reform and Homeland Security Mr. GREEN of Wisconsin, Mr. HIN- of Defense and Office of Personnel Manage- (Select) extended for a period ending not CHEY, Mr. HYDE, Mr. KENNEDY of Min- ment of the Federal Employees Health Bene- later than June 13, 2003. nesota, Mr. LANTOS, Mr. LIPINSKI, fits Program Demonstration: Second Report Mrs. MCCARTHY of New York, Mr. to Congress, pursuant to Section 721 of the f MCHUGH, Mr. MCGOVERN, Mr. MCNUL- National Defense Authorization Act for Fis- PUBLIC BILLS AND RESOLUTIONS TY, Mrs. MILLER of Michigan, Mr. cal Year 1999; jointly to the Committees on MURPHY, Mr. NEAL of Massachusetts, Armed Services and Government Reform. Under clause 2 of rule XII, public Mr. PETERSON of Pennsylvania, Mr. 2618. A letter from the Director, Financial bills and resolutions were introduced POMEROY, Mr. QUINN, Mr. RANGEL, Management and Assurance, General Ac- and severally referred, as follows: Mr. RODRIGUEZ, Mr. SCHIFF, Mr. counting Office, transmitting a report enti- By Mr. BAIRD (for himself, Mr. INSLEE, SERRANO, Mr. SHAW, Mr. SIMMONS, tled, ‘‘Congressional Award Foundation’s Mr. LARSEN of Washington, Mr. Mr. SKELTON, Mr. SOUDER, Mr. Fiscal Years 2002 and 2001 Financial State- DICKS, Mr. MCDERMOTT, and Mr. SWEENEY, Mr. TANCREDO, Mr. TAYLOR ments,’’ pursuant to 2 U.S.C. section 807(a); SMITH of Washington): of North Carolina, Mr. TIAHRT, Mr. jointly to the Committees on Education and H.R. 2397. A bill to designate a portion of WALSH, Mr. WOLF, and Mrs. JO ANN the Workforce and Government Reform. the White Salmon River as a component of DAVIS of Virginia): 2619. A letter from the Secretary, Depart- the National Wild and Scenic Rivers System; H.R. 2404. A bill to require the Secretary of ment of Energy, transmitting notification to the Committee on Resources. the Treasury to mint coins in commemora- that the Department of Energy requires an By Mr. BARRETT of South Carolina tion of the centenary of the bestowal of the additional 45 days to transmit the implemen- Nobel Peace Prize on President Theodore (for himself and Mr. WILSON of South tation plan for addressing the issues de- Carolina): Roosevelt, and for other purposes; to the scribed in the Defense Nuclear Facilities H.R. 2398. A bill to amend title 10, United Committee on Financial Services. Safety Board’s Recommendation 2002-3, Re- States Code, to revise the age and service re- By Mr. OXLEY (for himself and Mr. quirements for the Design, Implementation, quirements for eligibility to receive retired GONZALEZ): and Maintenance of Administrative Con- H.R. 2405. A bill to amend title 18, United pay for non-regular service; to the Com- trols; jointly to the Committees on Energy States Code, to prohibit video voyeurism in mittee on Armed Services. and Commerce and Armed Services. the special maritime and territorial jurisdic- By Mr. BARRETT of South Carolina 2620. A letter from the Secretary, Depart- tion of the United States, and for other pur- (for himself and Mr. WILSON of South ment of State, transmitting a report assess- poses; to the Committee on the Judiciary. Carolina): ing the voting practices of the governments By Mr. PAUL: of UN members states in the General Assem- H.R. 2399. A bill to amend the Internal Rev- H.R. 2406. A bill to support the domestic bly and Security Council for 2002, and evalu- enue Code of 1986 to allow employers a credit shrimping industry by eliminating taxpayer ating the actions and responsiveness of those against income tax with respect to employ- subsidies for certain competitors, and for governments to United States policy on ees who participate in the military reserve other purposes; to the Committee on Finan- issues of special importance to the United components and to allow a comparable cred- cial Services, and in addition to the Commit- States, pursuant to Public Law 101—167, sec- it for participating reserve component self- tees on Resources, and International Rela- tion 527(a) (103 Stat. 1222); Public Law 101— employed individuals; to the Committee on tions, for a period to be subsequently deter- 246, section 406(a) (104 Stat. 66); jointly to the Ways and Means. mined by the Speaker, in each case for con- Committees on International Relations and By Ms. BORDALLO (for herself, Mr. sideration of such provisions as fall within Appropriations. FLAKE, Mr. GALLEGLY, Mr. the jurisdiction of the committee concerned. FALEOMAVAEGA, Mrs. CHRISTENSEN, 2621. A letter from the Director, National By Mr. RUSH (for himself, Mr. ENGEL, and Mr. ACEVEDO-VILA): Science Foundation, transmitting the Na- Ms. MILLENDER-MCDONALD, Mr. H.R. 2400. A bill to amend the Organic Act tional Oceanographic Partnership Program, GRIJALVA, Ms. SCHAKOWSKY, Mr. of Guam for the purposes of clarifying the National Ocean Research Leadership Coun- BRADY of Pennsylvania, Mr. THOMP- local judicial structure of Guam; to the Com- cil, March 2003 Annual Report, pursuant to 10 SON of Mississippi, Ms. NORTON, Mr. mittee on Resources. U.S.C. 7901(b)(2)(B); jointly to the Commit- CUMMINGS, Mr. JEFFERSON, Ms. LEE, By Mr. DEAL of Georgia: tees on Armed Services, Resources, and Mr. ENGLISH, Mr. OWENS, Mr. GUTIER- H.R. 2401. A bill to amend the Social Secu- Science. REZ, Mr. DAVIS of Illinois, Ms. rity Act to eliminate the five-month waiting DELAURO, Mr. HINOJOSA, Mr. PRICE of f period in the disability insurance program, North Carolina, Mr. SANDERS, Mr. and for other purposes; to the Committee on REPORTS OF COMMITTEES ON MICHAUD, Mr. CONYERS, and Ms. Ways and Means. PUBLIC BILLS AND RESOLUTIONS EDDIE BERNICE JOHNSON of Texas): By Ms. KAPTUR (for herself, Mr. H.R. 2407. A bill to amend the Consumer Under clause 2 of rule XIII, reports of LATOURETTE, Mr. CLAY, Mr. MORAN committees were delivered to the Clerk Credit Protection Act and other banking of Virginia, Mrs. CHRISTENSEN, and laws to protect consumers who avail them- for printing and reference to the proper Mr. DAVIS of Illinois): selves of payday loans from usurious interest calendar, as follows: H.R. 2402. A bill to expand the number of rates and exorbitant fees, perpetual debt, the Mr. LINCOLN DIAZ-BALART of Florida: individuals and families with health insur- use of criminal actions to collect debts, and Committee on Rules. House Resolution 265. ance coverage, and for other purposes; to the other unfair practices by payday lenders, to Resolution providing for consideration of the Committee on Energy and Commerce, and in encourage the States to license and closely bill (H.R. 2115) to amend title 49, United addition to the Committees on Ways and regulate payday lenders, and for other pur- Stated Code, to reauthorize programs for the Means, Education and the Workforce, and poses; to the Committee on Financial Serv- Federal Aviation Administration, and for Rules, for a period to be subsequently deter- ices. other purposes (Rept. 108–146). Referred to mined by the Speaker, in each case for con- By Mr. SAXTON: the House Calendar. sideration of such provisions as fall within H.R. 2408. A bill to amend the Fish and the jurisdiction of the committee concerned. f Wildlife Act of 1956 to reauthorize volunteer By Mr. KENNEDY of Rhode Island (for programs and community partnerships for REPORTED BILLS SEQUENTIALLY himself, Mr. FRANK of Massachusetts, national wildlife refuges; to the Committee REFERRED Mr. MEEHAN, Ms. NORTON, Mr. on Resources. LANGEVIN, Mr. LANTOS, Ms. SOLIS, Under clause 2 of rule XII, bills and By Mr. SHADEGG (for himself, Mr. Mr. TOWNS, and Mr. VAN HOLLEN): reports were delivered to the Clerk for NORWOOD, Mr. MARKEY, and Mr. H.R. 2403. A bill to expand the powers of TOWNS): printing, and bills referred as follows: the Attorney General to regulate the manu- H.R. 2409. A bill to amend title XIX of the Mr. TAUZIN: Committee on Energy and facture, distribution, and sale of firearms Social Security Act to clarify that inpatient Commerce. H.R. 2122. A bill to enhance re- and ammunition, and to expand the jurisdic- drug prices charged to certain public hos- search, development, procurement, and use tion of the Attorney General to include fire- pitals are included in the best price exemp- of biomedical countermeasures to respond to arm products and nonpowder firearms; to the tions for the Medicaid drug rebate program; public health; Rept. 108–147, Part 1, referred Committee on the Judiciary. to the Committee on Energy and Commerce. to the Committee on Armed Services for a By Mr. KING of New York (for himself, By Mr. STRICKLAND: period ending not later than June 11, 2003, Mrs. MALONEY, Mr. BAKER, Mr. BACH- H.R. 2410. A bill to prohibit the importa- pursuant to clause 1(c), rule X. US, Mrs. KELLY, Mr. NEY, Mr. KAN- tion for sale of foreign-made flags of the

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\L10JN7.000 H10PT1 H5174 CONGRESSIONAL RECORD — HOUSE June 10, 2003 United States of America; to the Committee By Mr. BEREUTER (for himself, Mr. PRIVATE BILLS AND on Ways and Means. KING of Iowa, Mr. PETERSON of Penn- RESOLUTIONS By Mr. STUPAK: sylvania, Mr. STENHOLM, Mr. HIN- H.R. 2411. A bill to decrease the matching CHEY, Mr. TOWNS, Mr. TAYLOR of Under clause 3 of rule XII: funds requirement and authorize further ap- North Carolina, Mr. LEACH, Mr. SHU- Mr. LATOURETTE introduced a bill (H.R. propriations for Keweenaw National Histor- STER, Mr. OBERSTAR, Mr. JANKLOW, 2415) for the relief of Zdenko Lisak; which ical Park; to the Committee on Resources. Mr. MORAN of Kansas, Mr. TANNER, was referred to the Committee on the Judici- By Mr. STUPAK: Mr. GOODE, Mr. NETHERCUTT, Mr. ary. H.R. 2412. A bill to require any amounts ap- SWEENEY, Mr. PAUL, Mr. LATHAM, Mr. f propriated for Members’ Representational DAVIS of Tennessee, Mr. STUPAK, Mr. Allowances for the House of Representatives RENZI, and Mr. OSBORNE): ADDITIONAL SPONSORS for a session of Congress that remain after H. Res. 267. A resolution expressing the all payments are made from such Allowances sense of the House of Representatives that Under clause 7 of rule XII, sponsors for the session to be deposited in the Treas- there is a need to protect and strengthen were added to public bills and resolu- ury and used for deficit reduction or to re- Medicare beneficiaries’ access to quality tions as follows: duce the Federal debt; to the Committee on health care in rural America; to the Com- H.R. 91: Mr. BONILLA. House Administration, and in addition to the mittee on Energy and Commerce, and in ad- Committee on Rules, for a period to be sub- H.R. 106: Mr. HEFLEY. dition to the Committee on Ways and Means, sequently determined by the Speaker, in H.R. 111: Mr. MCCOTTER. for a period to be subsequently determined each case for consideration of such provi- H.R. 236: Mr. HOLT, Mr. DAVIS of Florida, by the Speaker, in each case for consider- sions as fall within the jurisdiction of the Mr. VAN HOLLEN, Mrs. MALONEY, Ms. ation of such provisions as fall within the ju- committee concerned. SLAUGHTER, Mr. MCGOVERN, Mr. CASE, and risdiction of the committee concerned. By Mr. WILSON of South Carolina (for Mr. PETERSON of Minnesota. By Mr. FILNER: himself and Mr. BARRETT of South H.R. 303: Mr. HONDA, Mr. BALLANCE, and H. Res. 268. A resolution urging the Presi- Carolina): Mr. GINGREY. dent to authorize the transfer of ownership H.R. 2413. A bill to amend title 10, United H.R. 371: Mr. LANGEVIN and Mr. OLVER. of one of the bells taken from the town of States Code, to revise the age and service re- H.R. 438: Mr. THOMAS and Mr. FATTAH. Balangiga on the island of Samar, Phil- quirements for eligibility to receive retired H.R. 440: Ms. LEE. ippines, which are currently displayed at pay for non-regular service; to provide H.R. 442: Mr. WEXLER. F.E. Warren Air Force Base, to the people of TRICARE eligibility for members of the Se- H.R. 466: Mr. RAHALL. the Philippines; to the Committee on Armed lected Reserve of the Ready Reserve and H.R. 548: Mrs. BLACKBURN, Ms. BORDALLO, Services. their families; to amend the Internal Rev- Mr. SULLIVAN, and Mr. LANGEVIN. enue Code of 1986 to allow employers a credit f H.R. 584: Mr. PRICE of North Carolina. against income tax with respect to employ- MEMORIALS H.R. 660: Mr. PEARCE. ees who participate in the military reserve H.R. 745: Mrs. MALONEY, Mr. CROWLEY, and components and to allow a comparable cred- Under clause 3 of rule XII, memorials Mr. BELL. it for participating reserve component self- were presented and referred as follows: H.R. 754: Mr. LEWIS of Georgia, Mr. ALEX- employed individuals, and for other pur- 76. The SPEAKER presented a memorial of ANDER, Mr. THOMPSON of Mississippi, and Mr. poses; to the Committee on Armed Services, the Legislature of the State of Idaho, rel- TAYLOR of Mississippi. and in addition to the Committee on Ways ative to House Joint Memorial No. 2 memori- H.R. 785: Mr. STRICKLAND, Mrs. EMERSON, and Means, for a period to be subsequently alizing the United States Congress to amend and Mr. DOYLE. determined by the Speaker, in each case for H.R. 817: Mr. SHERMAN, Mr. HOLDEN, and consideration of such provisions as fall with- the Northwest Power Act and other appropriate federal statutes so that Northwest Mr. BELL. in the jurisdiction of the committee con- H.R. 850: Mr. BURGESS. cerned. communities can be eligible for economic H.R. 857: Mr. KUCINICH. By Mr. MORAN of Kansas (for himself, grants to assists communities impacted by Endangered Species Act fish recovery pro- H.R. 876: Mr. ALLEN, Mr. ALEXANDER, and Mr. SMITH of New Jersey, Mr. EVANS, grams; to the Committee on Resources. Mr. MOORE. Mr. FILNER, and Mr. GUTIERREZ): H.R. 879: Mr. RYAN of Ohio. H.R. 2414. A bill to amend title 38, United 77. Also, a memorial of the Legislature of H.R. 886: Mr. GUTIERREZ, Mr. REYES, Mr. States Code, to provide for the appointment the State of Idaho, relative to House Joint RODRIGUEZ, Ms. CORRINE BROWN of Florida, of chiropractors in the Veterans Health Ad- Memorial No. 4 memorializing the United and Ms. WATERS. ministration of the Department of Veterans States Congress to sponsor and support legis- H.R. 898: Mr. KLECZKA. Affairs, and for other purposes; to the Com- lation to create a new Circuit of the United H.R. 919: Mrs. WILSON of New Mexico. mittee on Veterans’ Affairs. States Court of Appeals for better regional H.R. 937: Mr. DICKS and Mr. GUTIERREZ. By Mr. FEENEY (for himself, Mr. PUT- representaion; to the Committee on the Ju- H.R. 942. Mr. CANTOR. NAM, Mr. SHAW, Mr. FOLEY, Mr. diciary. H.R. 953: Mr. TURNER of Ohio. MARIO DIAZ-BALART of Florida, Mr. 78. Also, a memorial of the Legislature of H.R. 965: Ms. SLAUGHTER and Mr. FILNER. KELLER, Mr. MILLER of Florida, Mr. the State of Idaho, relative to House Joint H.R. 977: Mr. CALVERT, Ms. BORDALLO, and GOSS, Mr. LINCOLN DIAZ-BALART of Memorial No. 11 memorializing the United Mr. REHBERG. Florida, Mr. STEARNS, and Ms. GINNY States Congress that the Legislature finds H.R. 980: Mr. KILDEE and Mr. TANNER. BROWN-WAITE of Florida): the failure to provide prompt medical care is H. Con. Res. 214. Concurrent resolution a failure to provide care, that it is not ac- H.R. 1008: Mr. PICKERING. concerning the national cheerleading cham- ceptable, and we urgently request that the H.R. 1043: Mr. DEFAZIO and Ms. KIL- pionship of the University of Central Florida members of the Idaho congressional delega- PATRICK. Varsity Cheerleading Team; to the Com- tion address the appropriations necessary to H.R. 1110: Mr. SCOTT of Georgia and Mr. mittee on Education and the Workforce. provide timely access to health care for our PAYNE. By Mr. LANTOS (for himself, Mr. valued veterans; to the Committee on Vet- H.R. 1125: Mr. HULSHOF and Mrs. CAPITO. PENCE, Mr. PITTS, Mr. PAYNE, Mr. erans’ Affairs. H.R. 1157: Mr. RANGEL and Ms. MILLENDER- MCDERMOTT, Mr. BERMAN, Mr. 79. Also, a memorial of the Legislature of MCDONALD. MCGOVERN, Mr. BELL, Mrs. the State of Idaho, relative to House Joint H.R. 1182: Mr. JENKINS. NAPOLITANO, Mr. FRANK of Massachu- Memorial No. 8 memorializing the United H.R. 1209: Mr. SANDERS, Mr. BISHOP of setts, Mr. WEXLER, Mrs. TAUSCHER, States Congress that the Legislature sup- Georgia, Mr. CROWLEY, and Mr. SPRATT. Mr. PALLONE, and Ms. MCCOLLUM): ports the President, the President’s cabinet, H.R. 1212: Mr. CROWLEY. H. Res. 264. A resolution expressing sym- and the men and women of the United States H.R. 1225: Mr. WEXLER, Mr. LARSON of Con- pathy for the victims of the devastating Armed Forces for their courage and the deci- necticut, and Mr. DAVIS of Florida. earthquake that struck Algeria on May 21, sion to remove Saddam Hussein from power; H.R. 1231: Mrs. EMERSON, Mr. NADLER, Mr. 2003; to the Committee on International Re- jointly to the Committees on Armed Serv- CLAY, Mr. ORTIZ, Mr. CONYERS, Mr. lations. ices and International Relations. MCCOTTER, Mr. TURNER of Ohio, Mr. RANGEL, By Mr. BARRETT of South Carolina 80. Also, a memorial of the Legislature of and Mr. MILLER of North Carolina. (for himself, Mr. SPRATT, Mr. CLY- the State of Idaho, relative to House Joint H.R. 1256: Mr. CROWLEY. BURN, Mr. DEMINT, Mr. BROWN of Memorial No. 1 memorializing the United H.R. 1270: Mr. COLE. South Carolina, and Mr. WILSON of States Congress to urge the members of the H.R. 1276: Mr. COLE and Mr. BURNS. South Carolina): Idaho Congressional delegation to support H.R. 1305: Mr. ISAKSON. H. Res. 266. A resolution commending the the passage of legislation similar to S. 2873 H.R. 1309: Mr. CROWLEY. Clemson University Tigers men’s golf team as introduced by Senator Grassley that re- H.R. 1334: Mr. EMANUEL and Mr. DOYLE. for winning the 2003 National Collegiate Ath- moves the geographic disparity in Medicare H.R. 1348: Mr. LANGEVIN. letic Association Division I Men’s Golf reimbursements; jointly to the Committees H.R. 1359: Ms. BALDWIN. Championship; to the Committee on Edu- on Energy and Commerce and Ways and H.R. 1377: Mr. WALSH. cation and the Workforce. Means. H.R. 1385: Mr. HOSTETTLER and Mr. DOYLE.

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H.R. 1421: Ms. MCCOLLUM. H.R. 1902: Mr. REYNOLDS. H.R. 2351: Mr. KOLBE, Mr. SENSENBRENNER, H.R. 1422: Mr. Isakson. H.R. 1913: Ms. MILLENDER-MCDONALD. Mr. GUTKNECHT, Mr. SHAYS, Mr. H.R. 1429: Ms. MILLENDER-MCDONALD and H.R. 1914: Mr. COLE. LATOURETTE, Mr. AKIN, and Mr. LINDER. Mr. FRANKS of Arizona. H.R. 1930: Mr. GRIJALVA. H.R. 2361: Mr. PASTOR. H.R. 1489: Mr. TURNER of Ohio. H.R. 1933: Ms. BALDWIN and Mr. LANTOS. H.R. 2365: Mr. CARDIN. H.R. 1943: Mr. HOSTETTLER and Mr. PENCE. H.R. 1508: Ms. MCCOLLUM, Mr. DAVIS of H.J. Res. 36: Mr. RAMSTAD and Mr. WILSON H.R. 1951: Mr. FILNER. Alabama, Mr. OLVER, and Ms. LORETTA of South Carolina. H.R. 1956: Mr. ALEXANDER, Mr. SIMMONS, SANCHEZ of California. H.J. Res. 56: Mr. PENCE, Mr. ISTOOK, Mr. Mr. SANDLIN, Mr. CASTLE, and Mr. VITTER. H.R. 1511: Ms. HARMAN, Mr. LAMPSON, Mr. JONES of North Carolina, Mr. RYUN of Kan- H.R. 1963: Mr. SHAW, Mr. BOOZMAN, Mr. TAYLOR of Mississippi, Mr. EDWARDS, Mr. sas, Mr. SAM JOHNSON of Texas, Mr. DEMINT, ROSS, Mr. WELDON of Florida, Mr. GORDON, Mr. HOLDEN, Mr. HOYER, Mr. KAN- Mr. AKIN, Mr. BURGESS, and Mr. NORWOOD. JORSKI, Mr. MATHESON, Mr. MCINTYRE, Mr. NETHERCUTT, and Mr. HULSHOF. H. Con. Res. 111: Ms. NORTON and Mr. OBER- MEEHAN, Mr. POMEROY, and Mrs. TAUSCHER. H.R. 1964: Mr. FATTAH. H.R. 1999: Mr. FALEOMAVAEGA. STAR. H.R. 1530: Mr. JENKINS and Mr. ROGERS of H. Con. Res. 126: Mrs. MUSGRAVE and Mr. Kentucky. H.R. 2009: Mr. SHAYS, Mr. LARSEN of Wash- ington, Mr. KUCINICH, and Ms. MCCOLLUM. WALDEN of Oregon. H.R. 1532: Mr. FORD, Mr. LIPINSKI, Mr. H.R. 2030: Ms. ROS-LEHTINEN. H. Con. Res. 154: Mr. LEWIS of Georgia. DEUTSCH, Mr. DELAHUNT, Mr. LYNCH, Mr. H.R. 2032: Mr. ANDREWS, Ms. DELAURO, Mr. H. Con. Res. 164: Mr. PAUL and Mr. SKEL- BOEHLERT, and Mr. WEXLER. PICKERING, Mr. FOLEY, Mr. NADLER, and Mrs. TON. H.R. 1536: Mr. CARSON of Oklahoma and Mr. MALONEY. EXLER MCDERMOTT. H. Con. Res. 169: Mr. W . H.R. 2034: Mr. UDALL of Colorado. H.R. 1551: Ms. CARSON of Indiana. H. Con. Res. 178: Mr. BURNS, Mr. TURNER of H.R. 2038: Ms. ESHOO and Mr. SERRANO. H.R. 1567: Mr. MANZULLO. Ohio, Mr. GREEN of Wisconsin, Mr. H.R. 2060: Mr. WYNN, Ms. NORTON, Mr. H.R. 1587: Mr. ADERHOLT. LATOURETTE, Ms. MCCARTHY of Missouri, Mr. GILCHREST, and Mr. ENGLISH. H.R. 1616: Mr. MARSHALL. STRICKLAND, Mr. COSTELLO, Mr. MATHESON, H.R. 2066: Ms. WOOLSEY. H.R. 1673: Mr. HOLT. and Mr. PLATTS. H.R. 2068: Mr. HOLT, Mr. WAXMAN, Mr. H.R. 1675: Mr. GUTIERREZ. H. Con. Res. 192: Mr. CRAMER, Mr. GREEN of NEAL of Massachusetts, Mr. SCOTT of Geor- H.R. 1676: Mr. CRAMER, Mr. ROSS, Mr. Wisconsin, Mrs. WILSON of New Mexico, Mr. gia, Mr. LANTOS, and Mr. FRANK of Massa- DEFAZIO, and Mr. LINCOLN DIAZ-BALART of CALVERT, Mr. SIMMONS, Mr. UDALL of Colo- chusetts. Florida. rado, Mr. WOLF, and Mr. LANTOS. H.R. 2069: Mr. HOLT, Mr. WAXMAN, Mr. H.R. 1700: Mr. WALSH and Mr. QUINN. H. Con. Res. 196: Mr. MCDERMOTT, Mr. NEAL of Massachusetts, Mr. SCOTT of Geor- H.R. 1708: Ms. LOFGREN, Mr. OBERSTAR, and ABERCROMBIE, Mr. TOWNS, Ms. MCCOLLUM, gia, and Mr. DOGGETT. Mr. GILCHREST. Ms. LOFGREN, Ms. CARSON of Indiana, and H.R. 2124: Mr. BELL, Ms. MILLENDER- H.R. 1710: Mr. LAHOOD, Mr. EVANS, Mr. Ms. KILPATRICK. MCDONALD, Ms. CARSON of Indiana, Ms. JACK- BOEHLERT, Mr. REYNOLDS, Mr. WU, Mr. H. Con. Res. 200: Mr. FATTAH. SON-LEE of Texas, and Ms. CORRINE BROWN of GUTIERREZ, Mr. BELL, and Mr. SHERMAN. Florida. H. Con. Res. 208: Mr. CUNNINGHAM. H.R. 1713: Mr. CROWLEY. H.R. 2163: Ms. HART. H. Con. Res. 213: Mr. ALLEN, Mr. GREEN of H.R. 1715: Mrs. LOWEY. H.R. 2182: Mr. RANGEL, Mr. SMITH of New Texas, Mr. NADLER, Mr. REYES, and Mr. H.R. 1724: Mr. BURGESS. Jersey, Mr. CONYERS, and Mr. SIMMONS. SABO. H.R. 1736: Mr. DAVIS of Alabama, Ms. H.R. 2198: Ms. DELAURO. H. Res. 28: Mr. MEEKS of New York. CORRINE BROWN of Florida, Mr. ISRAEL, Mr. H.R. 2205: Mr. SANDERS, Ms. WOOLSEY, Mr. H. Res. 58: Ms. LEE, Mr. BERMAN, Mr. KAN- SCOTT of Georgia, Ms. SCHAKOWSKY, and Mr. FATTAH, Ms. SLAUGHTER, Mr. SERRANO, Mr. JORSKI, and Mr. BELL. LEWIS of Georgia. BROWN of Ohio, Ms. MAJETTE, Mr. TURNER of H. Res. 177: Ms. MCCOLLUM. H.R. 1738: Mr. BALLANCE and Mr. STARK. Ohio, Mr. STEARNS, Mr. DOYLE, Mr. BELL, H. Res. 194: Mr. GREEN of Wisconsin, Ms. H.R. 1767: Mr. FLAKE. Ms. ROS-LEHTINEN, Ms. CARSON of Indiana, MCCOLLUM, and Mr. BELL. H.R. 1769: Mr. WICKER, Ms. SOLIS, and Mr. Mr. COOPER, Mr. DEUTSCH, Mr. STARK, Mr. H. Res. 198: Mr. PENCE, Mr. GALLEGLY, and GEORGE MILLER of California. GRIJALVA, Mr. FORBES, Mr. BERMAN, Mr. Mr. FEENEY. H.R. 1778: Mr. ROYCE. BAIRD, and Mr. KUCINICH. H. Res. 199: Mr. WEXLER and Mr. KUCINICH. H.R. 11784: Mr. RAMSTAD, Mr. BOSWELL, Mr. H.R. 2210: Mr. OSBORNE and Mr. H. Res. 234: Ms. MCCOLLUM, Mr. GRIJALVA, RANGEL, Mr. INSLEE, and Mr. THORNBERRY. BALLENGER. Ms. SOLIS, and Mr. KUCINICH. H.R. 1787: Mr. BURGESS, Mr. GIBBONS, Mr. H.R. 2211: Mr. TIBERI. H. Res. 237: Mr. KUCINICH and Mr. CLAY. FRANK of Massachusetts, Mr. GRIJALVA, and H.R. 2233: Mr. SHERMAN and Ms. LOFGREN. H. Res. 242: Mr. OXLEY, Mr. PENCE, Mr. Mr. MCINTYRE. H.R. 2242: Mr. GRIJALVA. KING of New York, Mr. SHAW, Mr. GILLMOR, H.R. 1807: Mr. GREEN of Wisconsin. H.R. 2262: Ms. VELAZQUEZ. Mr. FORD, Mr. GOODLATTE, Mr. WEXLER, Mr. H.R. 1819: Mr. GUTIERREZ. H.R. 2283: Mr. BRADY of Texas. RUSH, and Mr. MCINNIS. H.R. 1821: Ms. GINNY BROWN-WAITE of Flor- H.R. 2284: Mr. WEXLER and Mrs. H. Res. 259: Mr. FROST, Mrs. WILSON of New ida, Mr. CANTOR, Mr. GOODE, Mr. HAYWORTH, CHRISTENSEN. Mr. NUSSLE, Mr. HASTERT, Mr. RENZI, Mr. H.R. 2286: Mr. GRIJALVA, Mr. PALLONE, Mr. Mexico, and Mr. WAXMAN. BURTON of Indiana, Mr. BURNS, Mr. ACEVEDO- REYES, Ms. WOOLSEY, Mr. EVANS, Mr. NEAL H. Res. 260: Mr. SANDERS, Mr. RANGEL, and VILA, Mr. MCINTYRE, Mr. MICHAUD, Mr. of Massachusetts, and Mr. SHERMAN. Mr. FILNER. BARTLETT of Maryland, Mr. DEMINT, Mr. H.R. 2291: Mr. WEXLER and Mr. POMEROY. FLAKE, Mr. HOBSON, Mr. HOUGHTON, Ms. H.R. 2292: Mr. BOEHLERT. f PRYCE OF OHIO, Mr. QUINN, and Mr. ISAKSON. H.R. 2295: Mrs. MALONEY. H.R. 1839: Mr. CANTOR. H.R. 2330: Ms. MCCOLLUM, Mr. KIRK, Mr. H.R. 1861: Mr. NADLER. DELAHUNT, Mr. BEREUTER, Ms. WATSON, Mr. DELETIONS OF SPONSORS FROM H.R. 1865: Mr. COOPER. WEXLER, Ms. SLAUGHTER, Mr. PAYNE, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1873: Mr. TOOMEY. MCNULTY, Mr. BERMAN, Mr. DOGGETT, Mr. Under clause 7 of rule XII, sponsors H.R. 1889: Mr. ISRAEL, Ms. PELOSI, Mr. NADLER, Mr. SHAYS, Mr. RAHALL, Mr. FRANK were deleted from public bills and reso- SMITH of Washington, Mr. DOYLE, Mr. of Massachusetts, and Mr. WEINER. HASTINGS of Florida, and Mr. MARIO DIAZ- H.R. 2333: Mr. OBERSTAR, Mr. QUINN, and lutions as follows: BALART of Florida. Mr. SKELTON. H.R. 660: Mr. PASTOR and Mr. GRIJALVA.

VerDate Jan 31 2003 05:25 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A10JN7.050 H10PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, JUNE 10, 2003 No. 84 Senate The Senate met at 9:30 a.m. and was lic for which it stands, one Nation under hotlining later today a time tomorrow called to order by the President pro God, indivisible, with liberty and justice for people would have to give us a list of tempore (Mr. STEVENS). all. their amendments, that we would have The PRESIDENT pro tempore. To- f a finite list. As I indicated, Senator day’s prayer will be offered by our RECOGNITION OF THE MAJORITY MCCONNELL and I and the two man- guest Chaplain, Dr. Keith Wright, exec- LEADER agers of the bill would immediately utive director of the National Center The PRESIDENT pro tempore. The begin working through that to see for Leadership. majority leader is recognized. what we can do to expedite passage of the Energy bill. We are on track to do PRAYER f that sometime tomorrow. We have the The guest Chaplain offered the fol- SCHEDULE ranking member of the Finance Com- lowing prayer: Mr. FRIST. Mr. President, this morn- mittee here today to deal with the Gracious God, we are grateful for this ing the Senate will resume consider- matter about which Senator MCCON- day and all the possibilities it holds. ation of S. 14, the Energy bill. Under NELL is going to shortly make a unani- Throughout this day, we determine to the order from last night, Senator DOR- mous consent request. live with joy, gratitude, integrity, and GAN’s amendment regarding hydrogen The PRESIDENT pro tempore. The purpose. We are elated to live in the fuel cells will be debated under a 30- Senator from Kentucky. United States of America which offers minute time limit. A vote will occur in f so many freedoms, opportunities, and relation to that amendment at some- UNANIMOUS CONSENT REQUEST— riches. We humbly acknowledge that time this morning before the recess for S. 182 our many blessings are gifts of Your the policy luncheons. The Senate will grace. recess for the policy meetings from Mr. MCCONNELL. Mr. President, I We affirm with the Scriptures that 12:30 to 2:15 today. Other Energy will take very little time. You are more concerned with the con- amendments will be debated during to- To underscore where we are on the dition of our inner lives than our posi- day’s session, and therefore Senators Burma sanctions issue, I tried to get tion, accomplishments, or reputations. can expect votes throughout the day. this bill cleared for this morning for an ‘‘The Lord does not look at the things Again, I will state that each day we hour equally divided and a rollcall people look at. People look at the out- continue to work towards a filing dead- vote, but there was an objection on the ward appearance, but the Lord looks at line or a list of amendments to the En- other side with the suggestion that we the heart.’’ Help us to see life from ergy bill. I will be consulting with the modify the bill to have the sanctions Your perspective and to walk in Your Democratic leadership to see when we end in 1 year. Of course, that is exactly ways. May our hearts find joy in the might lock in a list of amendments to the wrong message to send to the mili- things that bring You joy, and be bro- this bill. I am very hopeful we can do tary junta in Burma. That is not ac- ken by the things that break Your that as soon as possible. It is also our ceptable to this side. heart. hope to reach a consent agreement to The Washington Post, in this morn- Enable each Senator to hear Your allow the Senate to consider the ing’s editorial, gets it right by saying: call, instill within them the character Burma sanctions bill introduced by the Senators supportive of democracy in to match their high calling. Grant distinguished Senator from Kentucky, Burma should vote for the bill without them true wisdom at each decision- the majority whip. He will want to condition for expiration dates. That is making moment. speak on this issue shortly. We will the way the bill ought to pass. That is May these Senators be molded by continue to press for a consent agree- the way the bill was introduced. That Your authority, inspire people with a ment on this measure. is the way I hope we will be able to sense of purpose, practice servant lead- At this juncture, I will withhold a reach consent to take it up in the near ership, and model good stewardship of few of the comments I want to make on future. Your creation. Amen. an issue we will be addressing in 2 In that regard, I ask unanimous con- f weeks on Medicare and strengthening sent that the Foreign Relations Com- Medicare, but at this juncture I will mittee be discharged from further ac- PLEDGE OF ALLEGIANCE yield to the assistant minority leader tion of S. 182, the Burma sanctions leg- The President pro tempore led the for comments and then the Senator islation; that the Senate proceed to its Pledge of Allegiance, as follows: from Kentucky. immediate consideration; further that I pledge allegiance to the Flag of the Mr. REID. Mr. President, responding there be 1 hour of debate equally di- United States of America, and to the Repub- to the majority leader, we are vided in the usual form and that no

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

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VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.000 S10PT1 S7562 CONGRESSIONAL RECORD — SENATE June 10, 2003 amendments be in order; that upon the lations Committee and both the chair- It is time to act. Aung San Suu Kyi, use or yielding back of time, the bill be man of the Foreign Relations Com- we hope, is still alive. There is some read the third time, and the Senate mittee and the ranking member sup- urgency about this. This is an unusual proceed to a vote in relation to the port the bill, as do the majority and situation. The U.S. needs to send a measure, with no intervening action or minority leaders of the Senate. message about this now and lead the debate. I know the majority leader is waiting rest of the world into a policy of multi- The PRESIDENT pro tempore. Is to speak on another issue. If I could, I lateral sanctions that truly squeeze there objection? will proceed to try to get this on the this regime. I hope we can continue our Mr. BAUCUS. Mr. President, reserv- calendar. I understand S. 1215 is at the discussion and get this bill up for a ing the right to object, this is obvi- desk and is due for its second reading. vote no later than sometime today. ously a very important matter, and we The PRESIDENT pro tempore. Is I thank the majority leader. should address this in a very careful there objection? The PRESIDENT pro tempore. The and appropriate way. I might say to Mr. REID. Reserving the right to ob- majority leader is recognized. Senators, this matter has not been reject, Mr. President, I know the deep- Mr. FRIST. Mr. President, I wish to ferred to the Senate Finance Com- ness of the feelings of the Senator from make a few comments on Medicare and mittee. The committee has jurisdiction Kentucky. I want the record to reflect the importance of strengthening and on it. Rather, it is coming straight to that this is bipartisan legislation. One improving Medicare. We are addressing the floor with a request that there be of the chief cosponsors is the Senator this in the Finance Committee cur- no amendments, which I think is a lit- from California. This was not an objec- rently and will have it on the floor of tle bit bizarre. tion made on the other side; it was an the Senate. I want to take this oppor- I might also point out that in other objection made by the chairman and tunity first to comment on the ex- sanctions areas, for example, China, we ranking member of the Finance Com- change that we heard on the floor. had a long, deep, involved debate a few mittee. I hope this most important As my friend and distinguished col- years ago and agreed to how we should issue can be resolved along the lines league from Kentucky stated, both the address sanctions, particularly trade suggested by the ranking member and majority leader and the minority lead- sanctions against China. the chairman of the Finance Com- er are sponsors and strongly support I might also inform Senators, I have mittee, that this resolution will be the legislation on Burma. Burma’s bru- been in consultation with the chairman passed and that each year it would stay tal military regime is perpetrating a of the Finance Committee who agrees in effect until both Houses of Congress wave of crackdowns, including incar- with me that it would be inappropriate say it should stay in effect. I think cerating the Nobel Prize winner, Aung to proceed at this time, certainly in that would be a reasonable resolution San Suu Kyi. That is why there is this the manner suggested by the Senator of this most important issue. I, there- sense of immediacy and why we feel from Kentucky. fore, object. very strongly that this bill should be I might ask the Senator if he will The PRESIDENT pro tempore. Objec- addressed on the floor of the Senate. I agree to modify his request in a way I tion is heard. The Senator from Ken- am very hopeful, in spite of the reac- think is much more appropriate, par- tucky. tion to the unanimous consent request ticularly even stronger than the reso- Mr. MCCONNELL. Mr. President, I we just heard on the floor, that over lution suggested by the Senator. And ask unanimous consent that Senator the course of the morning we can work that would be for similar, as was the HARKIN be added as a cosponsor. out what is necessary to bring this leg- case with China MFN, annual exten- The PRESIDENT pro tempore. With- islation to the floor and have a vote on sions or annual sanctions, but that the out objection, it is so ordered. it today. President would suggest that the sanc- f I do join my colleagues in supporting tions be continued and that would be MEASURE PLACED ON this and the Burmese Freedom and De- the case unless there is a motion of dis- CALENDAR—S. 1215 mocracy Act of 2003, introduced by approval passed by both Houses of Con- Senator MCCONNELL and cosponsored gress. I believe the executive branch Mr. MCCONNELL. Mr. President, I by a bipartisan group of Senators, in- understand that S. 1215 is at the desk should be part of this. This is not just cluding Senators FEINSTEIN, MCCAIN, and due for its second reading; is that a legislative branch issue. When it LEAHY, SPECTER, KENNEDY, MIKULSKI, correct? comes to sanctions, clearly the execu- KYL, DASCHLE, and many others who The PRESIDENT pro tempore. The tive branch should play a very impor- will be added over the course of the Senator is correct. tant role. morning. Mr. MCCONNELL. I ask unanimous I might ask the Senator if he would The legislation, importantly, among consent that it be in order to read the agree to modify his request in the na- other things, would impose a U.S. im- title of the measure. port ban on goods manufactured in ture of an annual request. If the Presi- The PRESIDENT pro tempore. With- Burma and those made by what is dent wants to continue, he certainly out objection, it is so ordered. could make an annual request, and The clerk will read the title of the called the State Peace and Develop- that would be subject to disapproval by bill for the second time. ment Council, SPDC, and companies that are owned by the SPDC. It would both Houses of Congress. A bill (S. 1215) to sanction the ruling Bur- Is the Senator agreeable to make mese military junta, to strengthen Burma’s also freeze the assets of the regime that change? democratic forces and support and recognize itself that are held in the U.S. and re- Mr. MCCONNELL. I would say to my the National League of Democracy as the le- quire the U.S. to oppose and vote friend from Montana, there is already a gitimate representative of the Burmese peo- against loans or other assistance pro- sunset provision in the bill. It occurs ple, and for other purposes. posed for Burma by international fi- as soon as democracy is restored in Mr. MCCONNELL. I ask that the Sen- nancial institutions. Burma. There was a legitimate elec- ate proceed to the measure and object Why? Because the situation in Burma tion there in 1990. Aung San Suu Kyi to further proceeding. indeed is severe. After what apparently and her party won 80 percent of the The PRESIDENT pro tempore. Objec- was an assassination attempt of Aung vote. She has been under house arrest tion is heard. The item will be placed San Suu Kyi, who won a landslide vic- now for 14 years. The sanctions would on the calendar under rule XIV. tory in Burma’s last election, authori- terminate under the bill that I hope we Mr. MCCONNELL. Mr. President, this ties now hold, as we all know, this duly will pass just as soon as she is allowed measure has broad bipartisan support. elected leader and numerous other ac- to take power. Such a provision is al- It was referred to the Foreign Rela- tivists—we don’t know exactly how ready in the bill. I am happy to con- tions Committee, not the Finance many—incommunicado. Reports indi- tinue the discussions with my friend Committee. Both the chairman of the cate that Suu Kyi is being held in a from Montana. Foreign Relations Committee and the military camp about 40 kilometers out- The reason the Finance Committee ranking member support this measure, side of Rangoon. It is believed that she didn’t get the bill is because the Par- as do the majority and minority lead- does suffer from some injuries and lac- liamentarian sent it to the Foreign Re- ers of the Senate. erations of her face and an injured

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.003 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7563 shoulder. This is all current news. There were a couple of concerns ment or chronic disease management. Again, there is a sense of urgency for raised in the last several days that I As we all know, it does not cover out- us as a government to act and dem- briefly want to mention. First, where patient prescription drugs. I do believe onstrate our focus on this issue. are we and why act now? Why can we good health depends on giving seniors Meanwhile, it is reported that the not wait and put this off? It is driven good options, the opportunity to military regime has raided the offices very much by the demographics of the choose the plan that best meets their of Suu Kyi’s political party, the Na- aging population, where, over the next needs. tional League for Democracy, tearing 30 years, we will have a doubling in the I have also heard about Medicare re- down party flags and padlocking doors number of seniors; but in terms of form proposals relating to HMOs, forc- all across the country. Reportedly, workers actually paying into the pro- ing people into HMOs. This plan does military intelligence agents are posted gram itself, that will be falling off con- not do that. Simply, this plan does not outside the offices, preventing any tinually over time. Thus, we need to force anybody into an HMO. It is a vol- entry at the offices in Rangoon and take this opportunity while we are add- untary proposal. Some HMOs have per- Mandalay. The regime has placed nu- ing this prescription drug benefit to formed very well. But the better com- merous democracy movement leaders modernize the program so seniors and parison, instead of looking at HMOs, is under house arrest, surrounding their individuals with disabilities will con- the Federal Employee Health Benefits homes and severing telephone lines. I tinue to get good care and hopefully Program. Seniors will have the option mention this again to explain why we improve that care in this environment to get a plan similar to what we have are attempting to bring this legislation where we have to address the issues of as Senators, Members of the House, directly to the floor. solvency and sustainability. and other Federal employees have. I I commend my colleagues for their The Finance Committee has held should add, this program has a longer efforts on behalf of the Burmese peo- over 30 hearings on Medicare over the history than Medicare. We have ple. As the strongest and most free na- past 4 years, at least 7 devoted to pre- learned how to improve it, modify it, tion in the world, I do believe we have scription drug coverage alone. Last and make it a better program over the a profound duty to support that strug- Friday, now 4 days ago, the Finance last 40 years. I close by saying I believe seniors de- gle for freedom. Again, I am hopeful Committee had another hearing to serve the options that Federal employ- that we can address it this morning focus very specifically on the proposal ees have. We know Federal employees and over the course of the day. put forth by Chairman GRASSLEY and are very satisfied with the quality of Mr. REID. Will the majority leader Senator BAUCUS. That was the third care they receive. Seniors deserve this yield for a unanimous consent request? committee hearing this year on Medi- opportunity to choose. They deserve Mr. FRIST. Yes. care. the opportunity to obtain care that is Mr. REID. Mr. President, I ask unan- On Thursday of this week, the day more flexible, that is less bureaucratic, imous consent that I be added as a co- after tomorrow, the Finance Com- and that has less paperwork. sponsor of this resolution on Burma mittee will meet in executive session Seniors deserve care that keeps them with my friend from Kentucky. to amend and vote on the Grassley- healthy by incorporating those preven- The PRESIDING OFFICER. Without Baucus proposal. And then the fol- tive measures. Seniors deserve care objection, it is so ordered. lowing week, on that Monday, that bill that protects them from catastrophic f will be brought to the floor of the Sen- out-of-pocket expenses. America’s senate and will be debated and likely MEDICARE iors should have the ability to see the amended in some shape or form over a Mr. FRIST. Mr. President, let me doctor they choose, even if that doctor 2-week period. is outside the network. America’s sen- take a few minutes to comment on We are approaching this issue in a iors deserve a system that focuses on what is taking place today in the re- systematic way, in an orderly way, in a their needs to keep them healthy and lease of some initial working docu- way that is reasonable, and in a way not just to respond to acute episodic ments on Medicare modernization by that is thoughtful. illness. members of the Finance Committee. Some concerns people are talking Since 1965, Medicare has admirably Prefacing that, I will say that we about are that Medicare denies some served a generation of America’s sen- have a lot of work to do over the next seniors coverage. Let me be clear, we iors. We owe tomorrow’s seniors no 3 weeks in order to address an issue will make sure this coverage is avail- less. That will take a response in this that is important to every single able to every senior everywhere. We body to give seniors access to the care American, and that is giving our sen- will specifically be working to ensure they truly deserve. I look forward to iors and individuals with disabilities access in rural areas. We will be cre- working with my colleagues to health care security. ating public-private partnerships that strengthen and improve Medicare over Today there are about 35 million sen- will offer choice—again, it is vol- the next few weeks. iors on Medicare and about 5 million untary—but will be offering choice for individuals with disabilities. We are all seniors in every corner of America. f also speaking to and acting for those Secondly, many seniors want the cer- RECOGNITION OF THE ACTING soon-to-be seniors in future genera- tainty of knowing nothing is going to MINORITY LEADER tions. be taken away from them. Seniors The PRESIDENT pro tempore. The I commend my colleagues who have might ask: Do I have to give up what I Senator from Nevada is recognized. done yeoman’s work—Senator BAUCUS have now? Are you forcing me into Mr. REID. Mr. President, we have and Senator GRASSLEY—and for their some new system? The answer is no. conferred with floor staff. Senator MI- commitment to advancing Medicare This is a voluntary program. All of us KULSKI is in the Chamber, and she has modernization, strengthening and mov- will be able to look every senior in a statement regarding prescription ing Medicare down the field so we can their eyes and say: You can keep ex- drugs. I ask unanimous consent that deliver that health care security to our actly what you have now if that is she have an opportunity to respond to seniors. The goal is twofold: to what you want, if that is what you de- the statement of the Senator from Ten- strengthen and improve Medicare and, sire. We will be able for the first time nessee and that she be given 71⁄2 min- at the same time, provide meaningful to say there are options that include utes to do that. Following that, it is prescription drug benefits to seniors choices you may not have today in my understanding the leader is looking and Americans with disabilities. Medicare, such as preventive care, such to vote around 11 o’clock on the Dor- I recognize it is a huge challenge to as chronic disease management. gan amendment and that the time address this very complex program but The fact is the current program is after the statement by Senator MIKUL- it is one that I know this body is up to, fragmented. It does not provide ade- SKI will basically be evenly divided. I one we have been working very hard on quate coverage. I know as a physician am not asking unanimous consent. The for years, and it is one that I believe and I strongly believe as a policymaker time will basically be divided between we can accomplish in the next 3 weeks it does not adequately cover preventive the Senator from North Dakota and in the Senate. care. It does not cover disease manage- whoever opposes his amendment.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.006 S10PT1 S7564 CONGRESSIONAL RECORD — SENATE June 10, 2003 My unanimous consent request at care component to it. Any private in- scription drugs and medical devices this time is that Senator MIKULSKI be surance program must be an option, save lives and help manage chronic recognized for 71⁄2 minutes as in morn- and it must not be mandatory. conditions such as high blood pressure ing business. That goes to my second principle: and diabetes. This is what we need to The PRESIDENT pro tempore. With- voluntary. No one should be coerced or be focusing on. Let’s focus on the out objection, it is so ordered. The Sen- forced into a private program or forced American people for a change and not ator from Maryland. to give up coverage if they already on the so-called hollow opportunities of f have it. structural reform. It is a problem for It must be affordable. Benefits must middle class families. Families worry PRESCRIPTION DRUGS be affordable to business and affordable about their jobs and the weak econ- Ms. MIKULSKI. I thank the Chair, to seniors. That means a definite pre- omy. They do not know how they are and, Mr. President, I thank my col- mium and a reasonable copayment. going to take care of their children and leagues for their courtesy, particularly It must be accessible, available to all their elderly parents. Senator DORGAN. I am very appre- seniors regardless of where they live, American businesses are wondering ciative. and it must be portable so they can about things such as legacy costs, and Mr. President, seniors are facing a take it with them if they visit their small business is wondering how they crisis, and it is caused by the high cost grandchildren in another State. can afford health insurance as well. A of prescription drugs. For so many It must be meaningful and genuine. lot of companies want to do the right years, Congress has talked about pre- It must cover the drugs that doctors thing for their employees and retirees. scription drugs in Medicare. say they need, not what insurance ex- They want to offer comprehensive Let me tell you what my seniors say: ecutive gatekeepers say they are will- health care benefits, but they are Talk, talk, talk. They are fed up with ing to give them. struggling under the cost. That is why our talk, and they want us to take ac- Let’s talk about the meaningful ben- I fought for tax incentives for small tion. They tell me: You can’t talk efit. Congress cannot leave this up to businesses to provide health coverage yourself out of high cholesterol; you the insurance companies. for their employees. But those who need Lipitor. You can’t talk your way We have been down that road in supported the tax bill care more about out of diabetes; you need insulin. Maryland, and it was a rocky road, not special breaks for Joe Billionaire than The problem with the Senate, they only filled with potholes but with land- about basic health care for families. say, is when all gets said and done, mines. We had something called Our businesses do not get any help, more gets said than gets done. The Medicare+Choice that turned out to be but their competitors sure do. The time for talking is over, and we need to nothing more than a racket for seniors playing field is not level. When com- listen to the seniors, to business, and to be gouged and abandoned in my own petitors in other countries do not have we need to act. State. I am not going to support any to pay for prescription drug coverage I have been in communities all over more rackets or gimmicks under the il- because they have a national health Maryland, from diners to boardrooms, lusion of being able to help our seniors. care system, in my own State of Mary- listening to seniors who are desperate, Insurance companies came in. Seniors land this means people are losing jobs listening to their families who want to were going to have choice. They ended in the automobile industry and the help their parents and listening to em- up with no choice and no coverage. The steel industry. That is why I fought for ployers in boardrooms who really want companies came in. They took the tax incentives for small businesses to to help their retirees but are wondering money from our seniors. Then they provide health coverage for their em- if they can afford to do so. said, oh, it is too expensive to do this, ployees, but those who supported the Here is what they tell me: Congress and they left town. They left over tax bill care more about special breaks must do something about the prescrip- 100,000 Maryland seniors without cov- for Joe Billionaire than about basic tion drug benefit, and they want us to erage. We are not going to go that way. health care for families. We have to get real, and the first do it now to help our seniors, our fami- So I do not trust the insurance com- place we have to get real is to have a lies, business, and our economy. panies to be there for the seniors. Get- real prescription drug benefit. The Na- There are several different plans ting rid of Medicare by forcing them tion cannot afford to do nothing. Pre- floating around, and a lot of them have into this is not going to be the way we scription drugs are lifelines to millions wonderful new language: Medicare go. Medicare is the answer. Medicare is of Americans. They enable seniors to Choice, Medicare Advantage, et cetera. not the problem. prevent and manage disease. Without I am not sure what will happen, but I believe honor thy mother and fa- access to medication, seniors are going what I know is, we must have a mean- ther is not just a good commandment to end up with trips to the hospital, ingful prescription drug benefit, not to live by, it is good public policy to longer hospital stays, more visits to just slogans and sound bites, not just govern by. That is why I feel so strong- emergency rooms. something out of the Heritage Founda- ly about Medicare. Congress created All the great research done at NIH is tion, not something out of a think Medicare to provide a safety net for meaningless if people cannot afford the tank, but something that enables sen- seniors. In 1965, seniors’ biggest fear cures. It is time to make prescription iors to afford the prescription drugs, was the cost of hospital care. One heart drug coverage a national priority so we which they paid for the research to de- attack could put a family into bank- can help our seniors, families, Amer- velop. ruptcy. That is what Medicare Part A ican business, and our economy. I have five principles for a prescrip- is all about. Then Congress added Medi- When we stand up for America, we tion drug benefit. These principles are care Part B to help seniors pay for doc- stand up for what America stands for, the yardstick by which I am going to tor visits, an important step to keep which is a safety net for our seniors measure any proposal. seniors healthy and financially secure. and really helping our families be able First, the cornerstone of any pre- New advances in medicine mean sen- to help themselves. scription drug benefit must be Medi- iors are living longer. New treatments By passing a real prescription drug care. It must be in Medicare. It must and therapies such as prescription benefit, Congress will deliver real secu- stay in Medicare. Medicare must be the drugs prolong life and maintain quality rity to America’s seniors. Retirement cornerstone. I am absolutely opposed of life. These costs were not envisioned security means more pension security. to the privatization of Medicare either in 1965. Seniors need healthcare security to be overtly or covertly. Let me repeat, I So as we look at this problem, we at ease in their retirements. In today’s am absolutely opposed to the privatiza- need to know that Medicare has served world, we cannot have healthcare secu- tion of Medicare. the Nation well. Now we know it is rity without prescription drug cov- Any prescription drug benefit that time to expand it to a prescription erage. Congress must keep this promise has a private insurance component to drug benefit. We have covered hos- to America’s seniors. it must be in addition to a Medicare pitalization. We have covered doctor I now yield the floor, but if they benefit, not in lieu of a Medicare ben- visits. Yet because of the advances in come in with some more gimmicks, I efit. It must keep a traditional Medi- medical science in this country, pre- will not yield the floor in this debate.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.009 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7565 RESERVATION OF LEADER TIME about developing hydrogen and fuel be mandatory, but I do say this: Let’s The PRESIDING OFFICER (Mr. cells as part of our future. That made decide where we are headed, and when GRAHAM of South Carolina). Under the sense to me. we give the Department of Energy and previous order, the leadership time is I have spoken often of the first old others $3 billion plus, let’s say here is reserved. car I had when I was a young kid. I where we would like to go, here is our bought a Model T Ford and restored it destination, here is our map. I say let’s f as an old antique. The way you gas up aspire to have 100,000 vehicles on the ENERGY POLICY ACT OF 2003 this 1924 Model T Ford is you pull up to road in the year 2010 that are hydro- The PRESIDING OFFICER. Under a pump, stick a hose in the tank, and gen-powered fuel cell vehicles and 21⁄2 the previous order, the Senate will now pump it full of gas. And what do you do million vehicles by 2020. resume consideration of S. 14, which with a 2003 Ford? Exactly the same My colleague yesterday said, well, we the clerk will report. thing. Nothing has changed in almost a think maybe it is a mandate. I said, no, The legislative clerk read as follows: century. We are still running gasoline it is not a mandate at all. Just ask the A bill (S. 14) to enhance the energy secu- through those carburetors. Department of Energy to develop a rity of the United States, and for other pur- What the President says—and I agree strategy that says here is what we poses. with him—is let’s decide to change would like to do. We cannot force that Pending: that and reduce our dependence on for- to happen, but at least a goal is estab- Campbell/Domenici amendment No. 864, to eign oil because that is where the lished. replace ‘‘tribal consortia’’ with ‘‘tribal en- growth in energy use is coming; that Japan has goals and strategies with ergy resource development organizations’’. is, on America’s roads and America’s respect to hydrogen and fuel cells. Dorgan amendment No. 865, to require that vehicles. Do we want to be at a point They are moving very quickly. Europe the hydrogen commercialization plan of the where we have over one-half of our oil is moving very quickly. Japan wants Department of Energy include a description coming from off our shores, much of it 50,000 by 2010 and 5 million vehicles by of activities to support certain hydrogen from very troubled parts of the world? 2020. General Motors has a goal of hav- technology deployment goals. Do we want to be at the point where we ing 1 million vehicles by 2010—Ford, The PRESIDING OFFICER. Under have 68 percent of it coming from other Nissan, DaimlerChrysler. The fact is, the previous order, there will now be 30 parts of the world, where if, God forbid, the industry is moving very quickly as minutes equally divided for debate in some morning we woke up and discov- well. relationship to the Dorgan amendment ered terrorists had interrupted the sup- I just do not happen to think we No. 865. ply of oil and this American economy ought to throw a bunch of money at The Senator from North Dakota. would be flat on its back? Is that how Energy and say: Do what you can with AMENDMENT NO. 865 what we want to be held hostage? I do it and report back. I guarantee, if $3 Mr. DORGAN. Mr. President, the not think so. billion or $3.5 billion is put into a bu- amendment I have offered is an amend- So the President says let’s strike out reaucratic envelope and sent down to ment we will vote on this morning. I in a new direction. He proposed $1.2 bil- an agency and they are told to report was disappointed yesterday to discover lion on a hydrogen program. It is ex- to us when they have half a notion and that there was opposition to the actly the right thing to do. I commend tell us what they have done, we are not amendment. This is an amendment him for it. But $1.2 billion is timid; it going to make much progress. that passed without opposition in the is not enough. Nonetheless, it is mov- What I believe this Congress ought to last Congress. So surprisingly now I am ing in the right direction, and for this do is say: Here is what we aspire to discovering that some have changed American President to put his adminis- achieve. This is a big, bold plan, and we their mind. tration on the line to move in that di- want to make progress. We would like I will describe why, if this Congress rection is not insignificant at all; it is by the year 2010 on the streets in this has any gumption at all to decide that very significant. country 100,000 automobiles that are we ought to change course and move in I have pushed and pushed, and now powered by hydrogen and use fuel cells. a new direction and be bold and big this Energy bill has almost tripled the We would like 21⁄2 million by the year when we think about our energy fu- amount the President recommended for 2020. ture, they will support this amend- a new hydrogen-based economy and Why do I say we need some targets ment. fuel cell future. and timetables? Because this is not President Bush said the following I proposed $6.5 billion over 5 years, an easy to do. This is not something that about our dependence on foreign oil in Apollo-type program. President Ken- one company can do or one industry his State of the Union Address: Amer- nedy said: Let’s put a man on the Moon can do. This requires a combination of ica’s energy security is threatened by by the end of the decade. He set a goal. private sector investment and initia- our dependence on foreign oil. He said: And we did. I said: Let’s have an Apollo tive, and it requires public policy that We import 55 percent of the oil we con- program, decide we are going to move accommodates this conversion. sume. That is expected to grow to 68 toward a hydrogen fuel cell future for First of all, we have to deal in a percent by 2025. Nearly all of our cars our vehicles. whole range of areas. How do you and trucks run on gasoline. They are Do my colleagues know that a vehi- produce hydrogen? Hydrogen is every- the main reason America imports so cle is twice as efficient using a fuel cell where. It comes from everything. It much oil—that, from President Bush— as it is using gasoline through a carbu- can come from natural gas, from coal, two-thirds of the 20 million barrels of retor? It is double the efficiency get- you can take hydrogen from water. oil we use each day for transportation. ting power to the wheel. And what do You can use a wind turbine and Fuel cell vehicles offer the best hope you get out the back end of a vehicle produce electricity from the air and of reducing our dependence on foreign that uses hydrogen in a fuel cell? use that electricity to separate oxygen oil. The President said that because he Water vapor. You are not driving and hydrogen in water, store the hy- was proposing a new direction for around town belching black smoke. drogen, use it in a fuel cell, and double America’s energy supply: Hydrogen and You get water vapor. It is good for the the efficiency of how you power an fuel cells. environment, good for this country’s automobile and have water vapor com- Following his State of the Union Ad- energy security, and good for this ing out of the tail pipe of the auto- dress in which he proposed that, he had country’s economy. The fact is, this is mobile. How wonderful this country’s a gathering at the Building Museum in moving in exactly the right direction. future. But it will not happen unless Washington, DC. He invited all of the So I commend President Bush. the Congress and the President decide industry leaders throughout the coun- We also made progress in the Energy we are going to move to a different fu- try to come. He gave a great speech. I Committee, saying let’s increase that ture. was there with my colleague Senator which the President recommended, but The first antique car I bought and re- DOMENICI. We were invited to be a part it is still short of where we ought to be, stored when I was a kid was 75 years of it. He talked again about striking No. 1. No. 2, it does not include targets old. I put gas in it the same way I put out in this new direction and talked and timetables. I do not suggest they gas in a car today. It is never going to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.012 S10PT1 S7566 CONGRESSIONAL RECORD — SENATE June 10, 2003 change unless in public policy we ac- million by 2020. Do you think General I have worked on hydrogen for some commodate the private sector’s invest- Motors has an aspiration of putting 1 while, as have others in the Congress, ment and the initiative that comes million cars on the road by producing 1 Republicans and Democrats. But work- from both the private sector and public million fuel cell cars by 2010? Do you ing on hydrogen and fuel cells to try to policy, to say here is where our coun- think they go to the board of directors move to a different energy future, try aspires to be. Here is where we and say, We have a wild guess to talk while a worthwhile enterprise, is not want our country to move with respect to you about. These are not wild guess- going to move us down the road unless to an energy bill. es. This is public policy, from our this Congress decides to be bold and de- There is a lot to this Energy Bill. standpoint, of stating our goals. cides to have big dreams and big goals. Any energy bill worth anything, in my I find it fascinating; although this is The fact is, we try to incrementalize judgment, has to incentivize additional not a mandate at all, it is trying to es- everything. We talk big and think lit- production. It has to provide for sig- tablish some benchmarks. Instead of tle. If we want to do something, this nificant amounts of conservation be- just giving money to bureaucrats or a amendment should be attached to this cause we are wasting a great deal of en- Federal agency and saying report back Energy Bill. As I said before, this ergy. It has to provide for new effi- when you get half a notion and let us amendment was accepted by voice vote ciencies with respect to all the appli- know how you are doing—the report 2 years ago. I don’t have the foggiest ances we use. Most importantly, in my will show not much is going on. Instead understanding of why someone would judgment, the fourth title of an energy of mandates, I put some targets in and oppose this. It is not a mandate. It is bill has to be limitless renewable say, aspire to achieve these. We ask the not a wild guess. It is not radical. In sources of energy. Yes, that is ethanol, Department of Energy to give us a fact, in many ways it is the most con- which we debated last week; it is bio- strategy on how they will achieve servative of approaches to say, let’s diesel; but most importantly, it is try- these. not spend money unless we know what ing to move toward a new energy fu- Some who would not want to put this we are going to do with it, unless we ture with respect to our vehicle fleet. kind of a strategy or this sort of a tar- have a strategy, unless we aspire to That is hydrogen and fuel cells. get in law will come to the Senate and achieve certain goals good for this I am not talking during this con- say, on national missile defense, we are country and that fit with what the versation about stationary engines, al- going to spend $9 billion this year on President intends to have happen with though that is another application for national missile defense and we de- respect to a hydrogen and fuel cell fu- fuel cells, and we have fuel cells that mand you deploy a system. It does not ture. are deployed and being used in this matter whether it is not ready or I ask unanimous consent Senator country. We also have fuel cells and ve- whether the technology does not exist, FEINSTEIN be added as a cosponsor to hicles using hydrogen. I have driven and it does not matter if you cannot my amendment No. 865 to Senate Bill one. We have had a fuel cell vehicle hit a bullet with another speeding bul- S. 14. drive from California to New York. It let; we demand you deploy that system The PRESIDING OFFICER. Without is not as if this technology does not by 2004. So the mandated targets are objection, it is so ordered. exist. It does. Like all other new tech- fine with respect to a national missile Mr. DORGAN. Mr. President, I under- nologies, it is originally very expen- defense system for which you want to stand my time has expired. sive. As the research and development spend $9 billion. The PRESIDING OFFICER. That is into the new models and prototypes are All of a sudden, when the President correct. done, it is very expensive. But those says, do a hydrogen fuel cell initiative Mr. DORGAN. I ask unanimous con- costs come down, down, way down, as for America’s energy security and you sent for 5 additional minutes and the our country embraces the notion that put in a rather weak, in my judgment, other side will be added 5 additional we want a different future for our vehi- set of targets, just so you have targets minutes to the closing side. cle fleet; we want a hydrogen fuel cell rather than no targets and timetables, The PRESIDING OFFICER. Without future that relieves this country of they say, gosh, what on Earth are you objection, it is so ordered. being held hostage by sources of oil doing here? Why would you suggest Mr. DORGAN. Mr. President, let me that come from out of our country. that? show a couple of photographs that If we just think for a moment about I suggest this, because I think if we might be helpful for people to under- that, this American economy is the are going to spend money, we ought to stand what this issue is about. This is strongest economic engine in the en- spend it effectively. If you are going to a DaimlerChrysler fuel cell bus intro- tire world by far. There is nothing go on a journey, you might want to get duced in Germany in 1997 that runs on close to it. Yet some catastrophic a map. If you want to take a trip to go fuel cells. I rode on a fuel cell bus in event could happen that could shut off to a different kind of energy future, California. For anyone who thinks this this supply of oil to this country be- you might want to have a spot in mind technology does not exist, it does. We cause over half of it comes from out- about your different nation. Those who have fuel cells. We use hydrogen. side of our shores. Something could want to take the taxpayers’ money and Let me give another example of what happen to shut off the supply and this throw it at a problem and send it to an is happening in the private sector: The economy would grind to a halt. It agency and say, do the best you can, I Ford Focus fuel cell vehicle, 2002. would be flat on its back. And every- say, God bless you, but I will show you This is a Nissan Xterra, fueled by body knows it. When it happens, if it how not to make progress. Just do compressed hydrogen that was tested happens, and God forbid it happens, but that, keep doing that, and you will on a California road beginning in 2001. if it happens everyone will say, We told never, ever, make progress. This General Motors Hy-Wire fuel you so. That is why this President If we want a different energy future, cell concept car was unveiled in August wants to move to a different path, go then we have to be driving the train. of 2002. to a different place, to embrace hydro- We have to decide this is what we as- Let me make a point about all of gen and fuel cells, and has stated so in pire to achieve; these are the goals we this. You can’t convert a vehicle fleet a State of the Union Address. He is set for our country. If you do not want in this country from a fleet that pulls dead right. We have to do that. to set goals, do not tell me you support up to the gas pump and you take the I don’t understand why establishing an energy future different from today. cap off and you stick a hose in and an aspired-to target and timetables en- Don’t tell me you want to withdraw pump away—you can’t convert a vehi- genders opposition. A year and a half and disconnect from 55 percent depend- cle fleet from a gasoline-powered vehi- ago when I offered this amendment it ence on foreign energy—55 percent cle fleet to a hydrogen-powered fleet was accepted by voice vote. I have no going to 68 percent. This is a habit that without substantial public policy ini- idea why all of a sudden some people is destructive to this country. It is de- tiatives that complement where the say, this is radical. What a bunch of structive to our future, and it is de- private sector wants to go. One cannot nonsense. Radical? Yesterday, I was structive to our security. It is a habit do it without the other. told, what we are talking about are we must end. This President has sup- That is why, even as all these compa- wild guesses: 100,000 vehicles by 2010, 2.5 ported an approach to do that. nies are working very hard on these

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.015 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7567 issues, they need public sector and pub- timetables and targets and goals. If provisions under this Act relating to domes- lic policy support. This is a picture of you want to spend money, then let’s tic crude petroleum production; a hydrogen fueling station at Power make those who are going to receive (B) assess the effectiveness of those provi- TechLabs. So if you had a car with a the money give us the strategies that sions in meeting the goal described in paragraph (1); and fuel cell that uses hydrogen, where relate to where we want our country to (C) describe the progress in developing and would you go to fuel that car? Where move. Or do we just want to throw implementing measures under subsection (b). would you go to power it? Where would money in the air and sort of mill (b) MEASURES TO REDUCE IMPORT DEPEND- you find a supply of hydrogen? So you around and thumb our suspenders and ENCE THROUGH INCREASED DOMESTIC PETRO- have a whole series of questions. smoke our cigars and say we did a LEUM CONSERVATION.— As I mentioned earlier, you have to great job; we spent $3 billion on hydro- (1) IN GENERAL.—Not later than 1 year after develop the question of how do you gen, and boy, we hope something comes the date of enactment of this Act, the Presi- produce hydrogen in large quantities. of that. That is not the way you do dent shall develop and implement measures to conserve petroleum in end-uses through- It is not terribly difficult. You can business. The way you do business is out the economy of the United States suffi- produce it in many ways, but what you have a plan. You decide where you cient to reduce total demand for petroleum would be the predominant method of want to go for the future of this coun- in the United States by 1,000,000 barrels per production? How do you store it? try and what you want to do and how day from the amount projected for calendar Where do you store it? How do you you want to achieve it. That is what year 2013 in the reference case contained in transport it? All of those are important this amendment does. It just sets out the report of the Energy Information Admin- issues that the private sector and pub- those goals. I am hoping when we have istration entitled ‘‘Annual Energy Outlook lic policy will answer, in my judgment. this vote it will have a very sizable vic- 2003’’. Then, what kind of infrastructure (2) CONTENTS.—The measures under para- tory here in the Senate later this graph (1) shall be designed to ensure contin- can develop and how do you incentivize morning. ued reliable and affordable energy for con- its development so those who are pur- Mr. President, I yield the floor, and I sumers. chasing the new fuel cell vehicles pow- make a point of order a quorum is not (3) IMPLEMENTATION.—The measures under ered by hydrogen have a place to come present. paragraph (1) shall be implemented under ex- where they can fuel those vehicles? The PRESIDING OFFICER. The isting authorities of appropriate Federal ex- We have plans for many areas of pub- clerk will call the roll. ecutive agencies identified by the President. lic policy, whether it is Social Security The assistant legislative clerk pro- Ms. LANDRIEU. Mr. President, we or Medicare—a whole series of issues. ceeded to call the roll. are today continuing a very important We have all these studies and plans of Mr. REID. Mr. President, I ask unan- debate on fashioning an energy policy where we aspire to be and what we as- imous consent that the order for the for our Nation. We will be voting on pire to do. The goals in this amend- quorum call be rescinded. many key amendments as we attempt ment, while not mandates, are very The PRESIDING OFFICER. Without to move this very important bill off the simple. In my judgment they are rea- objection, it is so ordered. Senate floor, to conference with the sonable goals and ones that ought not Mr. REID. Mr. President, I ask unan- House, and to the President’s desk for frighten anyone in this Chamber into imous consent that the pending amend- signature. believing they are mandates. ment be set aside and the Senator from It is crucial that we increase domes- We know California’s Clean Air Act Louisiana be allowed to offer her tic production of oil and gas. requirements will ensure there will be amendment. It is crucial that we invest more many fuel cell vehicles on the road in The PRESIDING OFFICER. Without money in research and technologies for California in the future. By this year, objection, it is so ordered. alternate fuels that are more environ- 2003, 2 percent of California’s vehicles The Senator from Louisiana. mentally friendly. It is crucial that we have to be zero emission vehicles, and AMENDMENT NO. 871 reduce our consumption, particularly around 10 percent must be zero emis- Ms. LANDRIEU. Mr. President, I of oil, as well as have a revitalization, sion by 2018. California will have nearly send an amendment to the desk. in my opinion, in the appropriate ways, 40,000 to 50,000 fuel cell vehicles on the The PRESIDING OFFICER. The of our nuclear industry—they are all road by the end of the next decade. clerk will report. important aspects of this bill—as well One of the other considerations in The assistant legislative clerk read as have the deregulation components of public policy is Federal fleet purchase. as follows: electricity and the expanding of the We can be the first purchaser of these The Senator from Louisiana [Ms. electric grid, in the appropriate ways, technologies and put thousands, tens of LANDRIEU] for herself, Mr. SPECTER, Mr. which is quite difficult because there thousands of vehicles on the road BINGAMAN, and Ms. COLLINS, proposes an are regions of the country that come at through the Federal fleet purchase. amendment numbered 871. that issue from a variety of different Those are the kinds of activities I Ms. LANDRIEU. Mr. President, I ask standpoints, and it has been very dif- think can make a big difference. unanimous consent that reading of the ficult to negotiate those particular as- Let me finish as I started. I am very amendment be dispensed with. pects of the bill. disappointed. I hope perhaps a good The PRESIDING OFFICER. Without But I compliment the chairman from night’s sleep will have persuaded those objection, it is so ordered. New Mexico and our ranking member who came yesterday, who were a little The amendment is as follows: from New Mexico who have worked cranky about this amendment and (Purpose: To reduce the dependence of the beautifully together trying to fashion a wanted to see if they shouldn’t maybe United States on imported petroleum) bill that is balanced and is actually oppose this amendment—I am hoping On page 238, between lines 2 and 3, insert possible to pass and not get logjammed maybe a good night’s sleep would have the following: in ideological battles; it is something provided some sort of epiphany to Subtitle E—Measures to Conserve Petroleum that will help our country move toward those who would have otherwise op- SEC. ll. REDUCTION OF DEPENDENCE ON IM- more energy efficiency and security; posed it and they will decide that they PORTED PETROLEUM. increasing our national security and (a) REPORT.— should support what the Senate unani- (1) IN GENERAL.—Not later than February 1, improving efficiency in our economy, mously supported 2 years ago. This is 2004, and annually thereafter, the President hopefully putting people to work in de- not anything other than a step in ex- shall submit to Congress a report, based on veloping these new technologies. So I actly the right direction. the most recent edition of the Annual En- commend them for their patience and If you want to be big, you want to be ergy Outlook published by the Energy Infor- persistence and their guidance. bold, you want to agree with President mation Administration, assessing the I believe the amendment I offer Bush that we ought to move to a new progress made by the United States toward today will go a long way to minimizing energy future, if you want to do all the goal of reducing dependence on imported the consumption of oil in this country. petroleum sources by 2013. that and believe hydrogen and fuel (2) CONTENTS.—The report under subsection We are a nation that has only 3 percent cells, as the President says, are the fu- (a) shall— of the world’s known oil reserves. Yet ture—and I do—if you believe all that, (A) include a description of the implemen- we consume more oil than any country then let’s do this the right way: Set tation, during the previous fiscal year, of per capita or in any way you might

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.018 S10PT1 S7568 CONGRESSIONAL RECORD — SENATE June 10, 2003 want to arrive at that conclusion. It is sumption of oil is four times the next velop and implement a plan to reduce simply essential that we reduce our two largest oil consumers, Japan and oil consumption by 1 million barrels a consumption of oil. China. day by the year 2013. You might say to me, Mr. President: The price of oil in our country is at I show you a chart I have in the That is strange, Senator, since you are the mercy of world events, and not just Chamber because this amendment from a State that produces oil. We are in the Middle East, which we see would actually put into law—I am hop- a proud producer, as you know, of oil played out on television every day, but ing we can get a broad bipartisan vote and gas. We believe we contribute to in Venezuela, which might be off the on this amendment—it would actually the wealth and security of this Nation. front pages but, believe me, it is not off put into law the words the President We believe and know that these oil and the front pages of the business journals himself spoke in his State of the Union gas wells have brought jobs and wealth in this country where they see their speech when he said U.S. oil consump- and opportunity and prosperity to our prices and their businesses jeopardized tion would be about 1.8 million barrels State. Yes, it has come at some envi- because of the turmoil in Venezuela per day lower in 2020. ronmental cost, particularly 40 and 50 and Nigeria. So what my amendment says is, in- years ago, where the science was not We owe it to ourselves to try to mini- stead of saying there would be a 1.8 where it is today, the technology was mize the volatility of oil prices. We do million reduction by 2020, let’s try to not where it is today, the safety meas- that in two ways: increasing domestic shoot for a 1-million-barrel-per-day re- ures were not where they are today. We production, which obviously Louisiana duction by 2013, which is just about the made mistakes, but we are quickly would support; and also by reducing equivalent—a little different goal but learning from our experience, as any our consumption, which people in Lou- you could argue an equivalent goal. smart individual or enterprise does. We isiana—average families, businesses The benefit and beauty of this amend- are now engaged in new technologies large and small—all would agree to. ment is that it does not tie the Presi- that minimize the footprint. We are en- I continue to advocate for responsible dent’s hands, but it gives him great gaged in making tremendous improve- and robust domestic oil production, as flexibility in how to achieve the goal ments in environmental restoration I said, but we need to do more to re- he has outlined. duce consumption. Oil is a critical projects. There are any number of reasonable So I hope people will not think it is component of nearly everything that and simple measures the President strange that a Senator from Louisiana affects our daily lives: from transpor- could adopt that would help us to con- would be offering what I consider a tation, to food production, to heating. sume a less significant amount of oil very reasonable amendment to reduce And rising oil prices actually act like a and reduce taxes on the American peo- oil consumption in this Nation because tax by foreign oil exporters on the av- ple, increase our national security, im- even our oil and gas producers them- erage American. We have spent a great prove our environment, and create selves are willing, and know, in the deal of time trying to reduce taxes on jobs. It almost sounds too good to be long run it is in everyone’s interests, the floor of the Senate. We have done true, but it is true. including theirs, to diversify our that sometimes in a bipartisan way. We are not mandating a specific ap- source of supply, to minimize our con- Sometimes the majority has pushed proach, which is the beauty of it, be- sumption and our dependence on for- through tax relief. We can debate that cause the approach some have argued eign oil by improving and increasing issue at another time. But there is no for I have actually disagreed with and domestic production of oil and gas, disagreement that when we can reduce want to give the President great flexi- which is a centerpiece of this bill which taxes in a responsible manner, we most bility but hold to this important goal. I am proud to support. certainly should do so. So, therefore, I offer this amendment This amendment, which asks the There are any number of ways we which will save, if adopted—and I am President to reduce the consumption of could do that. The President could con- pleased to offer this amendment with oil in this Nation by 1 million barrels a sider renewable fuels standards. A dif- the Senator from Pennsylvania, Mr. day—we are consuming about 19 mil- ferent approach could save 175,000 bar- SPECTER, as the lead cosponsor; Sen- lion barrels a day, so this would re- rels of oil per day by 2013. Weatherizing ator LAMAR ALEXANDER, from the great quire and basically meet his goals, as of homes under credit enhancements or State of Tennessee; as well as Senator outlined in his State of the Union encouragement or new techniques that COLLINS from Maine—so we offer this speech—gives him broad latitude as to some local and State governments have as a bipartisan amendment to save the how to do that. It would be like a tax found very helpful could save 80,000 taxpayers and the businesses and the reduction because currently middle- barrels per day. Air traffic improve- consumers in this Nation 1 million bar- class families pay about 5 percent of ments, just simple improvements in rels of oil a day. That is the essence of aftertax income for energy needs. As the way and timing of our airplanes this amendment. the price of oil increases, family taking off and landing, which can be Before I explain the details of the aftertax income continues to decline. increased effectively by additional amendment, let me just talk a moment When businesses pay higher taxes, technologies, could save 50,000 barrels about the importance of reducing our pay for higher oil prices and disrup- of oil per day. As to reducing truck dependence on fossil fuels. As I said, we tions in oil supply, this increases infla- idling, there are several new tech- need to develop alternative fuel tion and reduces profits, production, nologies being developed, employing sources. One of the reasons is because investment, and employment. Let me scientists and engineers and putting oil provides nearly 40 percent of U.S. repeat: It increases inflation, reduces Americans to work developing these energy consumption. Sixty percent of profits, reduces production, reduces in- new kinds of technologies which make the oil we consume today is imported, vestment, and reduces employment. We the engines more efficient. They don’t and that number is set to rise. Unless need to be increasing production, in- have to idle or, at the idling stage, this amendment and others like it are vestment, and employment. My amend- don’t use as much oil. That could save adopted, that trend will continue to go ment will help us to do just that. 50,000 barrels of oil a day. Just replac- up, putting at risk our national secu- Consumers are spending $50 billion ing tires, using our tires and keeping rity and putting at risk our inter- more in annual energy bills than a year them filled with air as opposed to flat, national economic competitiveness. ago. If we could reduce our consump- new technology regarding the tires Because oil is truly an international tion by the amount that our amend- could save money. commodity, and the United States is ment suggests, we would begin to save The point of this list—and I could go the world’s largest consumer of oil, it consumers money they could spend on on because I could speak about 30, 40, is particularly vulnerable to any event other most needed and necessary or 50 known actions that could be that would affect supply and demand. things for themselves, their children, taken by the President in this realm As I said earlier, our daily consump- their grandchildren, or their busi- without dictating exactly how the sav- tion of oil is almost four times the next nesses. ings would occur—is to illustrate the two largest oil consumers, Japan and The amendment I offer today, as I plethora of choices where he could go China. Let me repeat: Our daily con- said, would direct the President to de- to achieve these savings.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.021 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7569 The amendment I offer today with I would also like to reference an arti- ergy’’? Or how Jimmy Carter proclaimed in Senators ALEXANDER, BINGAMAN, SPEC- cle by the Concerned Scientists Asso- 1979 that ‘‘beginning this moment, this na- TER, and COLLINS is a clear and reason- ciation, over 2,000 scientists who have tion will never again use more foreign oil than we did in 1977—never.’’ Even Ronald able objective for oil savings. It will re- written a paper, very illustrative, en- Reagan said in 1982 that ‘‘we will ensure that duce our dependence on oil. couraging action on this subject. I say our people and our economy are never again Let me show a couple of examples of that because some of our brightest held hostage by the whim of any country or the way the President could achieve minds, some of the best scientists in cartel.’’ these goals, some of which we have al- the country are thinking along these How empty those vows seem now, when one ready passed on the Senate floor. Eth- lines and fully support this amendment nation, Saudi Arabia, is sitting one the anol is now a part of this bill. There to save 1 million barrels of oil. Perhaps world’s largest proved reserves—265 billion were some Members who disagreed barrels, or 25 percent of the known supplies— we can save more. I would actually be and can send global prices soaring or falling with the ethanol fuels standard. I actu- open to saving more. If someone wants simply by opening or closing the spigot. For ally supported, along with Senator to offer an additional amendment, I now, the Saudis are our friends. They are DASCHLE, Republicans and Democrats, would consider voting for it. But I am boosting production to keep prices from that new standard. This will save oil certain this is something we can ac- spiking too high. But what if Saudi Arabia’s consumption in the country. The Presi- complish. The President himself out- internal politics change? ‘‘The entire world dent would have that option. In addi- lined this as a goal. The President’s economy is built on a bet of how long the tion, I talked about the tire savings, House of Saud can continue,’’ says Philip E. own budget that he laid down cited as Clapp, president of the National Environ- replacement tires with the appropriate a goal the equivalent, basic goal of mental Trust. rules and regulations could save us what I am offering. The good news is that we can make a safer 270,000 barrels of oil. And finally, the We have voted any number of times bet. And it doesn’t entail a vain rush for en- idling engines, this is a visual to show in the Senate and have come very close ergy independence or emancipation from that with some new technologies to to reaching this goal. So while some Middle East oil. Based on interviews with keep our airplanes flying and spending may argue that we should try to save dozens of economists, oil analysts, environ- less time on the ground and more time more, I think this is an amendment mentalists, and other energy experts, BusinessWeek has crafted guidelines for a in the air, which passengers would ap- that can pass, that can get us moving sensible and achievable energy policy. These preciate—believe me, as a frequent in the right direction. I submit both of measures build on the positive trends of the flier myself, if we could just keep our these from a business perspective, from past. If implemented, they would reduce the airplanes flying and keep them from an environmental perspective for the world’s vulnerability to wars in the Middle idling; there are new technologies help- RECORD, to substantiate the value of East, production snafus in Russia, turmoil ing to do this—we could save oil. the amendment. around the Caspian Sea, and other potential In the past, we have focused the de- I see my colleague from Tennessee on disruptions. The plan has the added benefit bate on just one way of saving oil the floor who has probably come to add of tackling global warming, which many sci- which was directed at our transpor- entists consider the greatest economic his good words as a cosponsor of the threat of this century. tation sector. My amendment does not amendment. The energy policy BusinessWeek advocates direct these savings at the transpor- I ask unanimous consent to print the comes down to six essential steps. To deal tation sector, although I acknowledge document I referenced. with oil supplies, the U.S. should diversify that the transportation sector is the There being no objection, the mate- purchases around the world and make better largest user of oil. This amendment rial was ordered to be printed in the use of strategic petroleum reserves. It must provides flexibility. It sets a realistic RECORD, as follows: also boost energy efficiency across the econ- goal that matches the President’s, ba- [From BusinessWeek, Feb. 24, 2003] omy, including making dramatic improvements in the fuel efficiency of cars and sically the equivalent of the Presi- TAMING THE OIL BEAST trucks. How do we accomplish this? Nurture dent’s own goals. And I think it would A SENSIBLE, STEP-BY-STEP ENERGY POLICY IS new technologies and alternative energy create, if adopted, a tremendous bal- WITHIN OUR REACH—HERE’S WHAT TO DO sources with research dollars and tax incen- ance in the bill because again we have American troops are massing outside of tives, and consider higher taxes on energy to increased opportunities for production. Iraq, preparing to strike against Saddam more accurately reflect the true costs of We have given incentives for more do- Hussein. And as war jitters rattle the world, using fossil fuels. Projecting the precise ef- mestic production. But that has to be there’s one inevitable effect: a rise in the fects of these policies is impossible, econo- price of oil. Crude is up more than 33 percent mists warn. But BusinessWeek estimates coupled with Senator BINGAMAN’s lead- over the past three months, climbing to $35 that, at a cost of $120 billion to $200 billion ership on energy efficiency and savings per barrel in the U.S. Economic models pre- over 10 years—less than the cost to the econ- to reduce our consumption of oil as we dict that if the price stays high for three omy of a major prolonged oil price rise—it promote in the appropriate ways over months, it will cut U.S. gross domestic prod- should be possible to raise energy efficiency the appropriate timeframe the use of uct by $50 billion for the quarter. If the war in the economy by up to 50 percent and re- other alternative sources of energy. goes badly, with Saddam destroying oil duce U.S. oil consumption by more than 3 I offer the amendment in good faith. fields in Iraq and elsewhere, or if disaster or million barrels a day. There will be Members who will speak unrest chokes off oil flowing from other These steps draw on the lessons of history hopefully for the amendment. Hope- countries, the whole world’s economy is in and help highlight what not to do. Meaning- for a major shock. ful progress has long been held up by myths fully we can pass it by a good margin There’s no escaping the consequences of and misconceptions—and by the scores of to show we are indeed serious about a our thirst for oil. It fuels a vast engine of bad ideas pushed in the name of energy inde- balanced energy policy which promotes commerce, carrying our goods around the pendence. Remember ‘‘synfuels’’ in the 1970s? in the right ways domestic production nation, taking mom and dad to work, and Today’s misguided notions include trying to but also oil savings. carting the kids to soccer practice. As long turn perfectly good corn into ethanol and I will ask unanimous consent to print as the U.S. imports more than 11 million bar- rushing to drill in the Arctic National Wild- in the RECORD a Business Week article rels a day—55 percent of our total consump- life refuge. Indeed, looking over the past that had a great impact with me as I tion—anything from a strike in Venezuela to couple of decades, ‘‘my reaction is, thank read it, ‘‘Taming the Oil Beast.’’ It is unrest in the Persian Gulf hits us hard in the God we didn’t have an energy policy,’’ says pocketbook. ‘‘We are vulnerable to any David G. Victor, director of Stanford Univer- time, since the business community re- event, anyplace, that affects the supply and sity’s Program on Energy Sustainable Devel- alizes we can and should get smart demand of oil,’’ says Robert E. Ebel, director opment. ‘‘The last one had quotas and ra- about oil, that we do so. I think this is of the energy program at the Center for tioning, causing lines at the gas pumps and a very good amendment about getting Strategic & International Studies (CSIS). In incredible inefficiencies in the economy.’’ smart about oil because it sets a goal a Feb 6. speech, President Bush put it blunt- One false notion is that making the U.S. of reduction, but it gives the President ly: ‘‘It jeopardizes our national security to self-sufficient—or doing without Middle and his departments flexibility as to be dependent on sources of energy from Eastern oil—would protect us from supply cutoffs and price spikes. In fact, oil has be- how this would work. countries that don’t care for America, what we stand for, what we love.’’ come a fungible world commodity. Even if I would like to submit that for the It wasn’t supposed to be this way. Remem- we cut the umbilical cord with the Persian RECORD because it would serve as a ber how Richard Nixon insisted in 1973 that Gulf by buying more oil from Canada, Mex- basis for the offering of the amendment the nation’s future ‘‘will depend on main- ico, or Russia, or by producing more at today. taining and achieving self-sufficiency in en- home, other nations will simply switch over

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.024 S10PT1 S7570 CONGRESSIONAL RECORD — SENATE June 10, 2003 to buy the Middle eastern oil we’re shunning. pian resource, surrounded as it is by Iran, a year. One recent innovation: adjustable- The world oil price, and the potential for Kazakhstan, Russia, Azerbaijan, and Geor- speed factory motors that don’t require en- spikes in that price, remains the same. As gia, is a bastion of instability and could eas- ergy-sapping brakes. The efficiency gains long as there are no real oil monopolies, it ily become the backdrop for a future war ‘‘help us reduce our operating costs and our doesn’t matter so much where we get oil. linked to oil. But history shows that even emissions—and the impact that sudden price What really matters is how much we use. Re- bad guys are eager to sell their oil. increases have on our businesses,’’ says 3M ducing oil use brings two huge benefits: Indi- If energy policy were only about econom- energy manager Steven Schultz. vidual countries have less leverage over us, ics, we might argue that the world should Last year, the New York Power Authority and, since oil costs are a smaller percentage take advantage of the ample supplies and put in a digitally controlled power elec- of the economy, any price shocks that do relatively cheap prices and just keep con- tronics system—essentially, a large garage occur have a less dramatic effect. suming at a rapid rate. But there are addi- packed with semiconductor switches and Yet reducing oil use has to be done judi- tional costs of oil not included now in the computers—in a substation that handles ciously. A drastic or abrupt drop in demand price (step 6). And we have other important electric power coming in from Canada and could even be counterproductive. Why? Be- goals, such as doing more to protect the en- northern and western New York. Along with cause even a very small change in capacity vironment and reducing the political lever- conventional improvements, this vastly im- or demand ‘‘can bring big swings in price,’’ age of the Middle East. Says ExxonMobil proved the system’s ability to manage explains Rajeev Dhawan, director of the Eco- Corp. (XOM) Chairman and CEO Lee R. Ray- power. The state now has the capacity to transfer 192 more megawatts of available nomic Forecasting Center at Georgia State mond: ‘‘The key to security will be found in electricity, or enough to power about 192,000 University’s Robinson College of business. diversity of supply.’’ In other words, whim- homes. sical though it may seem, we should strive For instance, the slowdown in Asia in the The nation’s entire antiquated electricity mid-1990s reduced demand only by about 1.5 to maintain a Goldilocks price for oil: It grid should be refashioned into a smart, re- million barrels a day, but it caused oil prices should be high enough to keep companies sponsive, flexible, and digitally controlled to plunge to near $10 a barrel. So today, if and countries investing in oil fields but not network. That would reduce the amount of the U.S. succeeded in abruptly curbing de- so high that it sends the world into a reces- energy required to produce $1 of GDP by 30 mand for oil, prices would plummet. Higher- sionary tailspin. percent and save the country $100 billion a cost producers such as Russia and the U.S. 2. Use Strategic Reserves year, estimates Kurt E. Yeager, CEO of the would either have to sell oil at a big loss or The nation now has 599.3 million barrels Electric Power Research Institute (EPRI). It stand on the sidelines. The effect would be to stored in underground salt caverns along the would eliminate the need to build dozens of concentrate power—you guessed it—in the Texas and Louisiana Gulf Coast. That’s power plants, cut carbon emissions, and hands of Middle Eastern nations, the lowest- enough to replace Iraq’s oil production for at slash the cost of power disruptions, which cost producers and holders of two-thirds of least six months. Yet this stockpile isn’t run about $120 billion a year. Such a network the known oil reserves. That’s why flawed being used correctly, and it never has been, would also break down existing barriers to energy policies, such as trying to override many experts believe. In the 1991 Persian hooking up new sources of power to the grid, market forces by rushing to expand supplies Gulf War, ‘‘oil prices were back to the nor- from solar roofs on thousands of houses to or mandating big fuel efficiency gains, could mal level by the time the U.S. got around to small, efficient heat and power generators at do harm. releasing the strategic petroleum reserve,’’ businesses. And soon, it will be possible to The truth is, the post-1970s de facto policy says energy economist W. David Mont- rack up big efficiency gains by switching to of just letting the markets work hasn’t been gomery of Charles River Associates, Inc. We industrial and home lights made from light- all bad. painful oil shocks brought reces- shouldn’t make that mistake again. With oil emitting diodes (LEDs), which can use less sions. But they also touched off a remark- prices already up, ‘‘we should release the than one-tenth the energy of incandescent able increase in the energy efficiency of the stockpile immediately,’’ he says. bulbs. U.S. economy. From the 1930s to the 1970s, Other experts argue that the reserve These are exciting developments, but what America produced about $750 worth of output should be used as a regular hedging tool do they have to do with oil? The answer lies per barrel of oil. That number doubled, to rather than being saved for extreme emer- in the idea of fungible energy: Eliminate the need for a power plant running on natural $1,500, by the end of the 1980s. But the gencies, which so far have never material- gas, and that fuel becomes available for ev- progress largely stopped in the past decade. ized. One idea: Allow companies to contract erything from home heating to a source of Now we need policies to continue those fuel- with the government to take out barrels of hydrogen for fuel-cell vehicles. A subset of efficiency gains, without the pain of sudden oil when they want to—as long as they agree oil shocks. the nation’s energy policy, therefore, should to replace it later, along with a bit extra. be doubling Federal R&D dollars over the The critical balancing act is reducing oil That way, this big store of oil would smooth use without hurting the economy—or with- next five years to explore technologies that out glitches in supply and demand while also can boost energy efficiency, provide new out allowing energy prices to fall so low that taking away some of OPEC’s power to ma- companies and individuals abandon all ef- sources of power, and, at the same time, ad- nipulate the market. There are similar re- dress the problem of global warming. forts to conserve. Successfully walking this serves in Europe, Japan, and South Korea— 4. Raise Car and Truck MPG tightrope can bring big gains. The next time for a total of 4 billion barrels, including the we are hit with a spike in the price of oil, or U.S.—that should be used in this way as well. To make a real dent in oil consumption, even of natural gas or electricity, we may be And by making the reserves bigger, we gain the U.S. must tackle transportation. The able to avoid the billions in lost GDP that more leverage to dampen the shocks. numbers here dwarf everything else, accounting for a full two-thirds of the 20 mil- would otherwise result. Here are the details: 3. Boost Industrial Efficiency 1. Diversify Oil Supplies lion barrels of oil of oil the U.S. uses each After decades of concern over energy prices day. And after rising from 15 miles per gallon The answer to the supply question is a and the big improvement in the overall en- in 1975 to 25.9 mpg in 1988, the average fuel delicate combination of technology, market ergy efficiency of America’s economy, you economy of our vehicles has slipped to 24 forces, and diplomacy. New tools for drilling would think that U.S. companies would be mpg, dragged down by gas-guzzling SUVs and in waters nearly two miles deep, for in- hard-pressed to find new gains. ‘‘In my expe- pickup trucks. Boost that to 40 mpg, and oil stance, are opening up untapped sources in rience, the facts are otherwise,’’ says Judith savings will top 2 million barrels a day with- the Atlantic Basin, Canada, the Caribbean, Bayer, director of environmental govern- in 10 years. Brazil, and the entire western coast of Afri- ment affairs at United Technologies Corp. Detroit says that’s too high a goal. But the ca. (UTX) UT discovered savings of $100,000 in technology already exists to get there. In That’s helping to tip the balance of power just one facility by turning off computer early January, General Motors Corp. (GM) among oil producers. In 1973, the Middle East monitors at night. ‘‘People talk about low- rolled out ‘‘hybrid’’ SUVs that use a com- produced nearly 38 percent of the world’s oil. hanging fruit—picking up a dollar on the bination of gas-engine and electric motors to Now, that percentage has dropped below 30 floor in savings here and there,’’ Bayer says. bump fuel economy by 15 percent to 50 per- percent. ‘‘Our policy has been to encourage ‘‘We picked up thousands off the ground. It’s cent. That same technology is already on the oil companies to search for oil outside the embarrassing that we didn’t do it earlier.’’ road. Honda Motor Co.’s (HMC) hybrid Civic U.S. but away from the Persian Gulf,’’ ex- Just last year, Salisbury (N.C.)-based Food and Toyota Motor Corp.’s (TM) Prius, both plains CSIS’s Ebel. ‘‘It’s been rather success- Lion cut its energy consumption by 5 per- big enough to carry four adults and their ful.’’ cent by using sensors to turn off lights in cargo, each top 45 mpg in combined city and There’s plenty of oil to be tapped. While bathrooms and loading-dock areas and by in- highway driving. there are now about 1 trillion barrels of stalling better-insulating freezer doors. ‘‘The Adding batteries and an electric motor to proved reserves, estimates of potential re- project saves millions a year,’’ says Food vehicles is just one of many ways to increase serves keep rising, from 2 trillion barrels in Lion’s energy-efficiency expert, Rick gas mileage. Researchers can also improve the early 1980s to more than 3 trillion barrels Heithold. the efficiency of combustion, squeezing more today. Even companies with strong efficiency power out of a given amount of fuel. In an The Caspian Sea area, for instance, prom- track records are doing more. 3M Corp. approach called variable valve timing, they ises proved reserves of 20 billion barrels to 35 (MMM) has cut use of energy per unit of out- can adjust the opening and closing of an en- billion barrels—but could have more than 200 put by 60 percent since the Arab oil embar- gine’s intake and exhaust valves. Such en- billion barrels. Skeptics argue that this Cas- go—but is still improving at about 4 percent gines, made by Honda, BMW, and others, are

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.017 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7571 more efficient without sacrificing power. Re- this nationwide, with a target of perhaps 15 Under the Bush Administration, this too, searchers are now working on digitally con- percent, up from the current 6 percent. may be difficult to enact. What’s left are reg- trolled valves whose timing can be adjusted 6. Phase in Fuel Taxes ulations and mandates. There may be just even more precisely. The gains? Well over 10 The main reason fuel-efficiency gains in enough political will to boost CAFE (cor- percent in many cases. the U.S. slowed in the 1990s is that the cost porate average fuel efficiency) standards for More improvement comes from reducing of oil—and energy in general—was so low. vehicles—and to remove the loopholes that the power sapped by transmissions. So-called ‘‘Yes, we are energy hogs, but we became en- hold SUVs to a lower standard. But we need continuously variable transmissions elimi- ergy hogs because the price is cheap,’’ says a smarter rule than the current one. nate individual gears so that engines can Georgia State’s Dhawan. One good idea: give companies whose cars spend more time running at their most effi- Even though it seems like the market is and trucks do better than the fuel-economy cient speed. And auto makers can build working in this regard, it really isn’t. target credits that they could sell to an auto clean-burning diesel engines, which are 20 There’s widespread agreement that the cur- maker whose fleet isn’t efficient enough. percent to 40 percent more efficient than rent price of oil doesn’t reflect its true cost That way, ‘‘good’’ companies such as Honda their gas counterparts. to the economy. ‘‘What Americans need to are strongly motivated to keep improving Estimates vary widely on what it would know is that the cost of gasoline is much technology. By being smarter about regula- cost to raise gas mileage to 40 mpg or higher more than $1.50 a gallon,’’ says Gal Luft of tions and mandates, ‘‘we could do a lot bet- for the entire U.S. fleet of cars. Assuming a the Institute for the Analysis of Global Secu- ter than what we are doing now,’’ explains combination of technologies, we figure the rity. But the invisible hand could work its Stanford professor James L. Sweeney. tab could be $1,000 to $2,000 per car, or $80 bil- magic if we include costs of so-called If we implement these policies, here’s what lion to $160 billion over 10 years. That’s less externalities, such as pollution or the tab for we’ll get: A reduction in projected levels of than fuel savings alone over the life of the fighting wars in the Middle East. That would oil consumption equal to 3 million barrels a new vehicles. Carmakers already have the raise the price, stimulating new energy-effi- day or more within 10 years. That means we technology. What we need now are policies, ciency measures and the use of renewable could choose not to import from unfriendly ranging from higher gasoline prices to fuels. countries (although they will happily sell tougher fuel-economy standards, that will The tricky part is pricing these their oil to others). In addition, oil-price give manufacturers and consumers incen- externalities. Some economists peg it at 5 shocks should be fewer and smaller, allowing tives to make and buy these vehicles. cents to 10 cents a gallon of gas. Others see us to avoid some of those $50 billion (or The ultimate gas-saving technology would the true cost as double or triple the current more) hits to GDP. A more fuel-efficient be a switch to a completely different fuel, price. Just by adding in the more than $100 economy will free up oil for countries such such as hydrogen. Toyota, Honda, and GM al- billion cost of having troops and fighting as China and India, notes Platts Global Di- ready are testing cars that use fuel cells to wars in the Persian Gulf, California State rector of Oil John Kingston. And the tech- power electric motors. Such vehicles are University economist Darwin C. Hall figures nologies we develop will help those econo- quiet, create no air pollution, and emit none that oil should cost at least $13 per barrel mies become more efficient. of the carbon dioxide linked with global more. ‘‘That is an absolutely rock-bottom, Economists will argue about the costs of warming. They also are expensive, and 10 to lowball estimate,’’ he says. More dollars these measures. But the benefits of greater 20 years away from the mass market. come from adding in numbers for the costs of energy efficiency and reduced vulnerability There’s one other problem: Where would air pollution, oil spills, and global warming. should, over the long run, outweigh the $120 the hydrogen come from? The element must Imagine, though, that in an ideal world, we billion (or more) cost of getting there. Pain- now be extracted from gas, water, or other could settle on the size of the externalities— ful though they were, the oil shocks of the substances at relatively high cost. But there maybe $10 per barrel. We obviously don’t 1970s sent the U.S. down the road toward a are intriguing ideas for lowering the tab, want to suddenly slap a $10 tax on oil. Doing more energy-efficient—and less vulnerable— such as genetically engineering bacteria to so would slice more than $50 billion out of economy. Our task now is to find a smoother make the gas or devising more efficient ways GDP and send the economy into a recession, path to continue that journey. to get it from coal. We need a strong re- forecasters calculate. The PRESIDING OFFICER. The Sen- search program to explore these ideas, plus But phasing it in slowly, over 10 years, would give the economy time to adopt fuel- ator from Tennessee. incentives to test fuel-cell technology in Mr. ALEXANDER. The Senator from power plants and vehicles. President Bush’s efficiency measures at the lowest costs. We should also consider additional taxes on gas- Iowa has been waiting for a while. I $1.2 billion hydrogen initiative is just a would like to set the vote for the Dor- start. oline, since a $10-per-barrel price rise amounts to only about 25 cents per gallon of gan amendment if I may, and then I 5. Nurture Renewable Energy gas—not enough to make a big change in would be glad to yield to the Senator Tim Grieves shares a vision with a growing buying habits. This approach works even from Iowa to let him make his re- number of energy giants: harnessing the better if the revenue from these taxes is remarks. Then I would like as a cospon- wind to generate cheap, clean power. The su- turned to the economy in a way that stimu- perintendent of schools in Spirit Lake, Iowa, lates growth and productivity—by lowering sor to speak in support of the amend- Grieves has overseen the installation of two payroll taxes, for example. Plus, there are ment of the Senator from Louisiana. wind turbines that hum away in a field not big environmental benefits from reduced pol- Mr. REID. I ask unanimous consent far from his office. They generate enough lution. that that be the case, that Senator juice to allow Spirit Lake to proudly call There’s a fierce debate about whether the HARKIN be recognized followed by the itself the only electrically self-sufficient economy gains or loses from such tax-shift- Senator from Tennessee. school district in the nation. ‘‘We’re not de- ing. Many economists agree, however, that The PRESIDING OFFICER. Without pendent on the Middle East,’’ says Grieves. the bad effects would be relatively small. objection, it is so ordered. ‘‘This is just smarter.’’ ‘‘There may not be a free lunch, but there is Mr. ALEXANDER. Mr. President, Although less than 0.5 percent of our power almost certainly a lunch worth paying for,’’ pursuant to the order of last night, I now comes from wind, it’s the cheapest and says Stanford economist Lawrence H. fastest-growing source of green energy. The Goulder. ask unanimous consent that the vote American Wind Energy Assn. believes the If energy taxes prove politically impos- in relation to the Dorgan amendment U.S. could easily catch up with Northern Eu- sible, there’s another way to achieve real- No. 865 occur at 11:30 today with two rope, where wind supplies up to 20 percent of istic fossil-fuel prices: through the back door minutes equally divided prior to the power. In the U.S., that’s the equivalent of of climate-change policy. Already, Europe is vote. 100,000 megawatts of capacity—or more than toying with carbon taxes to fight global The PRESIDING OFFICER. Is there 100 large fossil-fueled plants. The Great warming and multinationals are experi- objection? Plains could become the Middle East of menting with carbon-trading schemes to get Mr. REID. Reserving the right to ob- wind. a jump on any future restrictions. Even Re- ject, I will not object, I would hope Without tax credits and other incentives, publicans such as Senator John McCain (R– wind power couldn’t flourish. but oil and Ariz.) are pushing curbs on carbon dioxide. If that we could also line up the Senator other fossil fuels also have big subsidies. So the U.S. put its weight behind efforts to from Louisiana to have her vote in a we should either eliminate those or provide fight climate change, it could help push the reasonably short period of time. She reasonable incentives for alternatives such entire world toward lower emissions—and has indicated she thinks there may be as wind, solar, and hydrogen. Even if the new moderately higher oil prices. The best ap- a number of others who wish to speak sources still cost more than today’s power, proach: a combination of carbon taxes and a in favor of the amendment. We would continued innovation, spurred by the incen- cap-and-trade system, wherein companies hope we could move on to that. We tives, will lower the price. Moreover, having can trade the right to emit. That way, the want to get to the Wyden amendment. some electricity produced by wind turbines market helps find the greatest reductions at and solar panels helps insulate us from the lowest cost. Economists figure that a There is an order in effect that would spikes in natural-gas prices. Some states $100-per-ton tax on carbon emissions, for ex- set up 2 hours on that amendment. now require that a percentage of power come ample, would equal a rise of 30 cents in the Senator WYDEN will be ready imme- from renewable sources. We should consider cost of a gallon of gas. diately after the caucus. He would have

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.020 S10PT1 S7572 CONGRESSIONAL RECORD — SENATE June 10, 2003 been ready this morning. He would be Well, it was a gamble. Within 2 years, ple to work now. But the majority ready after the caucus to move on that. following the 1981 supply side, trickle- party says no. I hope we can get do that amendment down tax bill, we lost 1.4 million jobs. I also fear that their policies will right after the caucus and dispose of In 2001, the Bush administration tried lead to exploding Government debt. On this even prior to that. it again. They passed the first round of the same day we passed this ‘‘Bill Ben- The PRESIDING OFFICER. Is there massive tax cuts. And guess what. We nett betting bill’’—that is what I call objection? lost 2 million jobs. As all major news- the tax bill—the debt limit was in- The PRESIDING OFFICER (Mr. papers reported this weekend, the na- creased by an amount equivalent to ENZI). The Senator from Louisiana is tional unemployment rate is now at 6.1 putting an additional $3,500 on the recognized. percent, its highest level in 9 years. credit card of every man, woman, and Ms. LANDRIEU. Reserving the right Despite these two previous losing child in America—$3,500 on the credit to object, I have a question. Does the gambles, the President and the major- card of every man, woman, and child in Senator think it would be possible to ity party in Congress decided to give it America—to pay for this ‘‘Bill Bennett do that before lunch? I think my col- a third try last month. I think we betting bill.’’ league would probably only need 30 ought to call the tax bill that was Most of us are aware that the real minutes for our debate, equally divided passed and sent to the President the cost to the Treasury of this recent tax between the Senator from Tennessee ‘‘Bill Bennett betting bill’’ because it cut will be higher than advertised be- and the Senator from Maine. is going to have the same effect on our cause the bill used gimmicks and Mr. REID. I hope that will be the country that Bill Bennett’s gambling tricks to stay within some nominal case. Until Senator DOMENICI gets here, addiction had on him. It cost him, as I budget limit. The Speaker of the House we cannot agree to that. understand it, lost millions. It is going was quoted as saying the real cost will Mr. HARKIN. Mr. President, will the to cost our economy lost billions. be a trillion dollars, at a time when our Chair please state the unanimous con- But in the midst of it all, the exploding deficit is approaching $500 sent now before us. wealthiest Americans will have mas- billion for this year alone. Well, with The PRESIDING OFFICER. The vote sive tax breaks. In fact, on average, typical British clarity, the Financial in relation to the Dorgan amendment those Americans making over $1 mil- Times wrote on May 23, the day the tax will take place at 11:30, with 2 minutes lion a year are going to receive a tax bill passed: On the management of fis- of debate. cut of $93,000 a year. They are going to cal policy, the lunatics are now in Is there objection? have a great time. Unfortunately, who charge of the asylum. Without objection, it is so ordered. is going to pay the bill? Well, it will be The result, as this administration is The Senator from Iowa is recognized. paid by the rest of us, especially the well aware, is that it will put pressure Mr. HARKIN. Mr. President, first, younger generation—those now going on Social Security and Medicare. These briefly, the Dorgan amendment to put through college, going out to make programs are targeted by the administration for reforms, which means 100,000 hydrogen-powered vehicles on their way in life. They will be saddled privatizing Medicare and Social Secu- the road by 2010 and 2.5 million by 2020, with a huge, new debt. with the requisite fueling infrastruc- As pointed out on the editorial pages rity. We are going to have a debate ture, is one that is going to help grow of the Des Moines Register this week- here, I assume, in the Senate in the our economy, make our economy end, these irresponsible policies will coming weeks on how we are going to stronger. The amendment by Senator create pressure for higher State and provide prescription drug benefits under Medicare. But as I see the Medi- LANDRIEU and others to cut down on local taxes, tuition hikes at State col- care bill progressing and developing, it the use of oil by a million barrels a day leges and universities, rising health is nothing more than a shell, a subter- also is going to help improve our econ- care costs to those lucky enough to fuge to move toward the privatization omy by making us focus on things such have insurance, and further cuts to im- of Medicare, which, of course, has been as ethanol, for example, alternative portant initiatives. fuels, renewable energy and, of course, The wealthiest in America got more the Republican Party’s dream for many along with the Dorgan amendment, than their share under this tax bill, but years. Don’t take my word for it. fuel cell vehicles. It all has to do with the folks in the middle class pay the Former Speaker of the House Newt Gingrich said Medicare ought to wither making us more energy independent, bills. By contrast, the United States on the vine. The third ranking Repub- and that has to do with growing our took a fiscally responsible approach in lican in the Senate, my friend from economy. The more we continue to the 1990s. In 1993, Congress passed a Pennsylvania, said the Medicare ben- send our hard-earned dollars out of the budget to grow the economy, create efit should be phased out. country for the energy we need, the jobs. In the 2 years following that pas- So make no mistake, when we are de- less dollars we are going to have to re- sage, 6.4 million jobs were created. bating the Medicare bill coming up, we build our economy here at home. That plan put us on a path not only to- have to get out of the weeds. What Yesterday, I attended a hearing Sen- ward the lowest levels of unemploy- they are really talking about is taking ator DORGAN had that was devoted to ment in memory, but also to balanced the first step toward privatizing Medi- the question of our economy. The ques- budgets, the largest projected budget care. The President’s own press section was: Will the Bush economic plan surpluses ever. retary was quoted in the story: create jobs? I find it most remarkable and dis- There is no question that Social Security Well, I think throughout the hearing heartening that at the very time when and Medicare are going to present future what became clear was that the Bush it is obvious that economic policies generations with a crushing debt burden un- economic plan will not create jobs, un- should seek to stimulate demand, stim- less policymakers work seriously to reform fortunately. The plan advocated by the ulate new jobs, the majority party op- those programs. majority rewards their friends and sup- poses those things that would stimu- You pass a tax cut for the richest in porters with large tax cuts but will do late the economy the most, such as in- the country that the Speaker says is very little to create jobs. Many re- creasing the child credit for working going to cost us a trillion dollars, and spected economists warned of this families making under $26,000 a year. then you say we are going to have a lot months ago, but Republicans and the Well, the Democratic priority may of pressure on Social Security and administration paid them no heed. yet prevail, as it did in the Senate last Medicare because the money will not Unfortunately, it is not only experts week. I hope it does. But further stim- be there for them, so now we have to who believe this prediction; history ulus, such as putting people directly to reform them, which is their way of say- gives the same warning. These trickle- work, building new schools, roads, and ing privatize them. I hope we now un- down economic policies have been tried bridges, communications systems, up- derstand the picture: A tax cut for the before, and they have failed before. In grading our water and our waste water wealthiest, huge debts for the rest, im- 1981, Congress passed massive tax cuts systems, making sure we weatherize mense pressure on Social Security and for the rich, just like we did here. Then homes all over America, will also save Medicare; therefore, you have to pri- Director of OMB David Stockman us on imported fuel. These are the vatize them; turn them over to Wall called it a ‘‘riverboat gamble.’’ things we can do now that will put peo- Street. That is where we are heading.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.026 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7573 Exploding deficits and the debt will America. Not only do you put people to Energy bill, which the Senators from act like a cap on our economy. It will work, you build something of a lasting New Mexico have led us to fashion, en- increase interest rates when the econ- nature that provides for a strong foun- courages hydrogen fuel cell cars in the omy does begin to recover. It will un- dation for the private sector in economy. It encourages renewable en- dermine confidence. We need to create America. ergy. It encourages clean coal. It en- jobs in the short term, but we need to Take the issue of weatherization. We courages oil and gas. And it encourages do it in a way that is fiscally respon- could save huge amounts of oil and nuclear power. sible, to take care and protect the re- natural gas each year simply by What I think it is important we also tirement security and health needs of weatherizing homes, and I do not mean do is make sure we encourage con- seniors. We need to change course. The just in the North where it gets cold, servation, and to do that in a way that course set by this administration will but I mean in the South where it gets puts conservation high on the list of only lead to further deficits, further hot in the summertime. Guess what, priorities. It is a low-cost way to have debts piling up on our kids and these are not jobs that take a lot of more energy. It is a no-pollution way grandkids, economic stagnation, im- training. These are jobs we could fill to have more energy. porting more oil from abroad—which is with unemployed people right now. We In my way of thinking, the Senator why I am such a strong supporter of can put them to work weatherizing from Louisiana has come up with a the Landrieu amendment and the Dor- homes all over America. sensible approach. It also helps to have gan amendment. What do we get? We get immediate the President involved. When the I am afraid the administration may job creation. We use materials basi- President said, let’s build a hydrogen be opposed to these amendments, just cally that are made in this country. fuel cell car, he was not the first to say as they are opposed to a sound rational And we get something out of it that is that, but everybody heard it when he means of getting our economy moving going to help us: more fuel-efficient said it and it gave a lot of impetus to again. As I said, the Federal Govern- homes of low-income people who will the work on hydrogen that had been ment can be a great instrument, doing not be using their money to pay high going on in this body from both sides of it in a fiscally responsible manner that heating bills or cooling bills to pay for the aisle. actually provides the basis for further imported oil. So the Senator’s idea is to reduce our private sector growth in our country. Yet, for some strange reason, we can- petroleum import dependence by hav- I was listening to former Congress- not seem to do that here. But, boy, we ing the President come up with a plan man Jack Kemp, an old friend of mine can sure give billions in tax breaks to to conserve oil throughout our econ- of long standing, go on and on about the wealthiest in our society. omy, not just in transportation but how we need to make sure we have I will have more to say about this in throughout the economy; to reduce our more money in the private sector for the weeks ahead. There is another total demand by a million barrels per investments. I understand that, and pathway—that is my point—there is day by 2013. By my computation, that that is a legitimate argument, but another pathway to economic growth would cause us to reduce that by about what about the need for societal in- and jobs in our country, to which this 5 percent by 2013. vestments? What about the need for in- administration has turned a blind eye, We ought to be able to do that. We vesting in human capital? What about by investing in the veins and arteries— ought to be able to go ahead with nu- the need for investing in education? the roads and bridges, the highways, clear powerplants, with all the gas ex- You can give all the tax breaks you the sewer and water systems, the plorations. We ought to be able to go want to the richest in this country and schools, the education, the scientific ahead with renewable energies and coal the corporations. Are they going to research, the mathematical research, gasification. We ought to conserve at turn around and invest in higher teach- the physics research, the chemistry re- the same time. er pay, better teacher training? Are search, the medical research—that will they going to invest in rebuilding and set the stage for future economic Just one example. The Senator from modernizing schools all over America? growth and prosperity in our country. Iowa was mentioning weatherizing There is no return on that capital, at That will not come about by giving homes. That is one good way, if we paid least not in the short term and not in more tax breaks to the wealthy or more attention to it. Another good way a way that would accrue to the bottom business tax breaks. It comes about by is idling trucks. Truckers who are so line of a company. us in the Congress of the United States frequent on our highways often idle As we all know, that kind of an in- fulfilling our responsibility to pass tax their trucks in order to keep their air- vestment accrues to our national econ- bills and energy bills that are respon- conditioner and all the other services omy. Rebuilding our schools all over sible, that are commonsense, and that going that they have in the truck. America—this is something that is es- will lay this kind of secure foundation There are companies that permit the timated to be in the neighborhood of for the future. That is why I support truckers now to turn off their truck $180 billion. Think of the jobs it would the Landrieu amendment so strongly, and to plug in a device and by doing create. When you give someone an because it will start to do that, and so that enabling operation of the appli- extra dollar for consumption right now will the Dorgan amendment that has ances they have but they do not pol- in our society, they may buy a new been set aside. These are commonsense lute the air at the same time. It is such shirt, but that shirt may be made in approaches. These are the programs we a simple idea that we would hope any Malaysia, Thailand, or India. They should be doing for our economy. one of us could have thought of that may buy a new TV set, but that TV set Mr. President, I yield the floor. but, in fact, having the President de- sure is not made in America, or a The PRESIDING OFFICER. The velop a plan that will focus on reducing stereo not made in America. They may Chair recognizes the Senator from Ten- our consumption of oil by 2013 would buy a new car. Maybe that car is not nessee. include such ideas as weatherizing made in America. To be sure, some of Mr. ALEXANDER. I thank the Chair. homes, as encouraging truckers not to that money does fall out in this coun- Mr. President, I stand to congratulate idle, keeping tires properly inflated. try because we have people selling the Senator from Louisiana and join These may seem to be small ideas but those items, storing them, and ship- with her as a cosponsor of her amend- they can add up, we suggest, to a mil- ping them. But the bulk of it could go ment. She and I are members of the lion barrels per day by the year 2013. outside the country. Energy and Natural Resources Com- I congratulate the Senator from Lou- If, however, you make a societal in- mittee. We are very proud of what our isiana on what I think is a common- vestment in building a new school, all chairman and ranking member have sense, reasonable approach to add con- of the workers are in America. Almost done this year in taking a diverse servation to our arsenal of activities, all of the materials used from the array of opinions and coming up with a to give it a higher profile in this bill, lighting to the heating to the wall- very good bill with a very good amount and I am glad to join in cosponsoring board to the sheetrock—everything, of bipartisan consensus. her amendment. building materials—almost all, I would There is consensus about supporting The PRESIDING OFFICER. The Sen- not say all—almost all are made in a diverse array of energy sources. The ator from Maine.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.029 S10PT1 S7574 CONGRESSIONAL RECORD — SENATE June 10, 2003 Ms. COLLINS. Mr. President, I, too, a vote on the Dorgan amendment at The issue is whether we want to add am pleased to join my colleagues, Sen- 11:30? to the bill a target that we have 100,000 ators LANDRIEU, SPECTER, BINGAMAN, The PRESIDING OFFICER. The Sen- hydrogen fuel cell vehicles in the and ALEXANDER, in offering this ator is correct. United States by 2010. I respectfully amendment to reduce our consumption Mr. DOMENICI. Mr. President, I ask suggest that is a wild guess. I drove a of oil by a million barrels a day by the to speak to that amendment until $2 million Ford hydrogen car around year 2013. This is a very reasonable and 11:30. the block in Washington. I did that, I achievable goal, and I congratulate the The PRESIDING OFFICER. We have believe the Senator and several others Senator from Louisiana for coming up already agreed to 2 minutes of debate did, and it costs $2 million to make the with this initiative and reaching out to equally divided at 11:28 so we can vote, car. It actually works. We drove those of us who share her concern that but the time until 11:28 is available so around and got so excited we came up our Nation is too dependent on foreign the Senator has the floor. on the Senate floor and put into law Mr. DOMENICI. Mr. President, I have oil. that we ought to have 100,000 of them already spoken, as have Senator ALEX- Increasing energy efficiency is the by the year 2010. It is not mandatory. ANDER and others, against this amend- single most effective way to reduce our It reminded me, as I mentioned yes- ment. By being against the amend- reliance on foreign oil. Without a terday, my friends were guessing wrong ment, it does not mean we are in any greater focus on energy-efficiency about the facts technology. I respect- way in derogation of the efforts by the measures, the Energy legislation before fully will vote no. distinguished Senator, Mr. DORGAN, in us, which has many valuable provi- The PRESIDING OFFICER. All time his efforts to pursue a hydrogen econ- sions, will not be effective in reducing is expired. The question is on agreeing omy for the United States, in his ef- our dependence on foreign oil. As long to the amendment of the Senator from forts to move forward with the hydro- as we continue to guzzle foreign oil, we gen cell and with the hydrogen car. I North Dakota. will be at the mercy of those nations compliment him for that. Mr. DOMENICI. I suggest the absence that control that oil. We are already His amendment, which says we of a quorum. nearly 60-percent reliant on foreign should move ahead with certain The PRESIDING OFFICER. The sources, and the Energy Information quotas, with specific amounts, with clerk will call the roll. Administration projects that our de- goals, with mandatory achievements, The bill clerk proceeded to call the pendence will increase to 70 percent by should not be done. It would not be of roll. the year 2010 if we do not act. If we do any benefit. Mr. DOMENICI. Mr. President, I ask not do more to improve the energy effi- I yield the floor. unanimous consent that the order for ciency standards, America will only The PRESIDING OFFICER. Under the quorum call be rescinded. grow more dependent on foreign oil and the previous order, there will be 2 min- The PRESIDING OFFICER. Without the price of gas and home heating oil utes of time equally divided on the objection, it is so ordered. will only rise accordingly. Dorgan amendment. Mr. DORGAN. I ask for the yeas and Our amendment would help to reduce Who yields time? The Senator from nays. oil consumption by a million barrels a North Dakota. The PRESIDING OFFICER. Is there a day by the year 2013. It would do so by Mr. DORGAN. This amendment is sufficient second? giving the President the flexibility to very simple. It establishes timelines There is a sufficient second. decide among any number of simple en- and targets: 100,000 vehicles on the road The question is on agreeing to the ergy saving measures to achieve these by 2010, 21⁄2 million by the year 2020. It amendment. The clerk will call the savings. For example, simply is not a mandate, it is not enforceable, roll. weatherizing homes which use home but at least it sets targets that we as- The bill clerk called the roll. heating oil could save 80,000 barrels of pire to achieve. The opposition would Mr. REID. I announce that the Sen- oil per day. Using energy-efficient en- say, well, let’s just throw money at the ator from North Carolina (Mr. ED- gine oil could save another 100,000 bar- Department of Energy and hope some- WARDS) is necessarily absent. rels per day. Just keeping our tires on thing good comes of it. That is not the The PRESIDING OFFICER (Mr. SES- our automobiles properly inflated way to address this issue, in my judg- SIONS). Are there any other Senators in could save 200,000 barrels per day. In ment. the Chamber desiring to vote? short, by taking a few easily adopted I know my colleague complimented The result was announced—yeas 67, measures, we could reduce our con- me but the greatest compliment, of nays 32, as follows: sumption of oil by a million barrels a course, would be voting for my amend- [Rollcall Vote No. 212 Leg.] ment. What is disappointing is that day. YEAS—67 We currently use about 19 million this amendment passed the Senate by barrels a day. So this would make a unanimous voice vote a year and a half Akaka Dorgan Lugar Baucus Durbin McCain real difference. It would result in a re- ago. This amendment has already been Bayh Ensign Mikulski duction of consumption of imported embraced by the Senate. I am dis- Biden Feingold Murray oil. Reducing our consumption by 1 appointed that it will not be passed by Bingaman Feinstein Nelson (FL) million barrels per day will also help to a voice vote today because if we are, in Boxer Graham (FL) Nelson (NE) Breaux Graham (SC) Pryor keep energy prices down and will keep fact, going to move toward a hydrogen Brownback Grassley Reed Burns Harkin billions of American dollars at home fuel cell future, we need to think big Reid Byrd Hollings where they belong. In fact, this pro- and bold. Then we ought to set some Roberts Campbell Hutchison Rockefeller posal we have advanced could save targets and have some aspirations and Cantwell Inouye American consumers upwards of $20 say to the Department of Energy, here Carper Jeffords Santorum Sarbanes billion each year. is three-plus billion dollars and, by the Chafee Johnson Clinton Kennedy Schumer I call upon my colleagues to join us way, this is what we would like to see Coleman Kerry Sessions today in supporting our commonsense achieved with that money. We would Collins Kohl Smith measure to reduce our reliance on for- really like to see these goals Conrad Landrieu Snowe eign oil by reducing our consumption achieved—not mandates, just strategic Corzine Lautenberg Specter Daschle Leahy Stabenow of oil by a million barrels a day. It is goals. Dayton Levin Warner right for our environment. It is right The PRESIDING OFFICER. The Sen- DeWine Lieberman Wyden for our economy. It is right for the ator from Tennessee. Dodd Lincoln American consumer. Mr. ALEXANDER. I compliment the NAYS—32 I yield the floor. Senator but I cannot vote for his Alexander Cochran Fitzgerald AMENDMENT NO. 865 amendment. This committee has added Allard Cornyn Frist The PRESIDING OFFICER. The Sen- to the $1.3 billion proposal by the Allen Craig Gregg President for the hydrogen car, $1.6 bil- Bennett Crapo Hagel ator from New Mexico. Bond Dole Hatch Mr. DOMENICI. Parliamentary in- lion suggested by the Senator from Bunning Domenici Inhofe quiry: Am I correct that there will be North Dakota and others on that side. Chambliss Enzi Kyl

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.032 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7575 Lott Nickles Talent As a Senator from an oil-producing pendent upon any nation, especially McConnell Shelby Thomas State, let me say I agree 100 percent. Saudi Arabia. Miller Stevens Voinovich Murkowski Sununu We like to produce oil. We are proud to The dependence on foreign oil results in a tremendous amount of our imbal- NOT VOTING—1 produce oil. But we know it is in the interest of our State in the short, in- ance on foreign trade, with oil imports Edwards termediate, and long run to have great- now accounting for one-third of the Na- The amendment (No. 865) was agreed er supply, a diversity of supply of fuels, tion’s trade deficit which exceeded $400 to. and not be overreliant. Why? Because billion in the year 2001. Mr. DOMENICI. I move to reconsider it puts our economy, our industrial There is much we could do to reduce the vote. base at risk. our dependence upon foreign oil. I am Mr. REID. I move to lay that motion I also mentioned earlier today the pleased to report on a $100 million on the table. statement by the Union of Concerned grant by the Department of Energy to The motion to lay on the table was Scientists, over 60,000 scientists and a plant in Pottsville, PA; a $612 million agreed to. citizens working together to come up plant which will turn sludge into high- The PRESIDING OFFICER. The Sen- octane fuel is now moving forward. We ator from New Mexico. with some proposals for reducing our dependence on oil, and they are clearly have tremendous coal resources in this AMENDMENT NO. 871 outlined in these articles and these pa- country, some 20 billion tons of bitu- Mr. DOMENICI. Mr. President, I ask pers. minous coal alone in Pennsylvania, 7 unanimous consent that the time until What this amendment simply does— billion tons of anthracite, and coal 12:15 be equally divided in the usual submitted on behalf of those I men- across this country which can be form for debate in relation to the tioned—is give the President all the turned, with clean coal technology, Landrieu-Domenici amendment; pro- flexibility he needs in his administra- into reducing our dependence on for- vided, further, that at 12:15 the Senate tion but to reach very specific goals. eign oil. proceed to a vote in relation to that This amendment, when adopted, will I am pleased to see the distinguished amendment, with no second degrees in save 1 million barrels of oil a day by Senator from New Mexico, chairman of order to the amendment prior to the the year 2013, which is equivalent to the Energy Committee, is now cospon- vote; and, finally, that following the the President’s own goals, but it will soring this amendment so that what vote the Senate stand in recess under put this in law in the underlying En- you have, although slightly different the previous order. than last year on a tabling at 57 to 42, Mr. SPECTER. Mr. President, reserv- ergy bill. I propose this amendment to the Sen- is an amendment gaining very substan- ing the right to object, I would like in- ate for its careful consideration and tial momentum. That is a very good corporated in the unanimous consent hope we will get a broad vote. sign for conservation, a very good sign request 5 minutes. This amendment Mr. President, the Senator from for the future of the American econ- was offered as the Landrieu-Specter Pennsylvania would like to add some omy, and a very good sign for environ- amendment. remarks, as well as other cosponsors mental protection. Mr. REID. No objection. who may be in the Chamber. I yield the floor. Mr. DOMENICI. We have no objec- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- tion. ator from New Mexico. ator from Pennsylvania. Mr. President, I add 5 minutes to the Mr. DOMENICI. Mr. President, I am Mr. SPECTER. Mr. President, I am time in the request, with the Senator pleased to join as an original cosponsor pleased to be the original, principal co- from Pennsylvania having that 5 min- of what we are going to call the sponsor, along with Senator LANDRIEU, utes. The vote would occur at 12:20. Landrieu-Domenici amendment. I note on the Landrieu-Specter-Bingaman- The PRESIDING OFFICER. Without the presence of Senator ALEXANDER Collins amendment. I am pleased to see objection, it is so ordered. who was one of the original Senators that now the Senate is on the verge of Mr. DOMENICI. I am sorry, we did who spoke to this matter on the floor. taking a significant step, albeit a mod- not know that, I say to the Senator. I hope in the remaining time he gets a est one, on petroleum conservation, a We would have asked you. chance to speak. Let me say there are The PRESIDING OFFICER. Who step long overdue in this country. Last year, I cosponsored, along with a lot of people who come up with new yields time? formulas, attempt to set new formulas Senator CARPER, an amendment which The Senator from Louisiana. on automobiles, on the mileage that Ms. LANDRIEU. Mr. President, I would have targeted reduction in oil cars will have, and the like. None of thank the chairman and the ranking consumption, and it was defeated on a them seem to work, and none of them member. tabling motion 57 to 42. A few days ago, seem to get through this body. This is Mr. President, the amendment is at I introduced S. 1169, which was a repeat an ingenious idea of my friend from the desk. We will be voting shortly on of the Carper-Specter amendment. And Louisiana who has been extremely the Landrieu-Domenici-Specter-Alex- today I am pleased to join with Sen- helpful in getting an Energy bill ander-Bingaman-Collins-Schumer- ator LANDRIEU on a broader amend- passed. I think when we pass it in a few Feingold oil savings amendment. It is a ment which goes for reduction of oil weeks, and we will, she can take a very reasonable approach to an ex- dependency beyond transportation but great deal of pleasure in knowing that tremely serious problem. That problem calls on the President to set a standard much of it was due to her interest, en- is, unless we make some adjustments— for reduction of oil by 1 million barrels thusiasm, and support. and the time to make those adjust- a day from a projected use of some 24 I hope we will vote for it unani- ments is now—to our policy regarding million barrels. mously, saying to our President, find the consumption of oil, we will be seri- This is a significant step, albeit a ways to do this. I believe it is the best ously increasing, as opposed to decreas- modest one. It is a first step. But it is way for the Senate to handle it. ing, our dependence on foreign oil and very important for the United States I yield the floor. hurting the American economy and that we reduce our dependence on for- The PRESIDING OFFICER. Who taxing American citizens and busi- eign oil for many reasons. First of all, yields time? nesses unnecessarily. simply stated, we use too much foreign Ms. LANDRIEU. Mr. President, I am The amendment has been developed oil. Secondly, we are dependent upon happy to yield to the Senator from by many of us—Democrats and Repub- the OPEC countries, especially upon Kentucky. licans—and it is based on lots of good Saudi Arabia, and it has an effect on Ms. BUNNING. Mr. President, I ask work. Two issues I pointed out earlier influencing our foreign policies in ways unanimous consent to be listed as a co- this morning in the debate are in a which may well be undesirable. There sponsor of the Landrieu amendment. lengthy article recently published by have been very serious charges as to The PRESIDING OFFICER. Without Business Week—not a liberal magazine the Saudis on sponsoring al-Qaida and objection, it is so ordered. by any stretch, a middle-of-the-road sponsoring terrorism. There is much Ms. LANDRIEU. How much more business organization that argues that yet that has to be proved on that sub- time remains under the unanimous we need to get smart about oil. ject, but we should not be tied to or de- consent?

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.002 S10PT1 S7576 CONGRESSIONAL RECORD — SENATE June 10, 2003 The PRESIDING OFFICER. The Sen- nuclear commercial plant amendment AMENDMENT NO. 875 ator has 2 minutes remaining. under the debate limitation which was (Purpose: To strike the provision relating to Ms. LANDRIEU. I would like to have agreed to last week. deployment of new nuclear power plants) 1 minute to close and then turn to one The PRESIDING OFFICER. Without Mr. WYDEN. Mr. President, I send an of the original cosponsors, the Senator objection, it is so ordered. amendment to the desk. from Tennessee, who may want to add. The question is agreeing to amend- The PRESIDING OFFICER. The Let me again thank the chairman and ment No. 871. clerk will report. ranking member for their able help be- The yeas and nays have been ordered. The assistant legislative clerk read cause without their support, this The clerk will call the roll. as follows: amendment would not have been pos- The assistant legislative clerk called The Senator from Oregon [Mr. WYDEN], for himself, Mr. SUNUNU, Mr. BINGAMAN, Mr. EN- sible. We worked on many different ap- the roll. SIGN, Mr. REID, Mr. FEINGOLD, Mr. JEFFORDS, proaches, several different drafts. Fi- The result was announced—yeas 99, and Ms. SNOWE, proposes an amendment nally, we did come upon a way that nays 1, as follows: numbered 875. sets a very clear goal. [Rollcall Vote No. 213 Leg.] Strike subtitle B of title IV. I would agree with Senator SPECTER, YEAS—99 Mr. WYDEN. Mr. President and col- it is somewhat modest, but it is a com- Akaka Dodd Lincoln leagues, this amendment is sponsored promise. It is a clear goal. It is an at- Alexander Dole Lott by three Democrats, three Republicans, tainable goal. It is a reachable goal. It Allard Domenici Lugar and one Independent. I hope this after- gives the President and the administra- Allen Dorgan McCain noon that it will have the support of Baucus Durbin McConnell tion the flexibility they need to do it in Bayh Edwards Mikulski Senators with varying degrees of views a way that is most helpful to this econ- Bennett Ensign Miller about the advisability of nuclear omy. It will create jobs, reduce taxes Biden Enzi Murkowski power. I am particularly pleased that Bingaman Feingold Murray that people pay because of the price of UNUNU Bond Feinstein Nelson (FL) the lead cosponsor, Senator S , is oil and energy, and it gives the flexi- Boxer Fitzgerald Nelson (NE) with us today. bility necessary to come up with a Breaux Frist Nickles I will make a few brief remarks to smart approach to this very serious Brownback Graham (FL) Pryor begin the debate and then I am anxious Bunning Graham (SC) Reed problem. Burns Grassley Reid to have plenty of time for colleagues. I yield to my friend from Tennessee. Byrd Gregg Roberts The reason three Democrats and The PRESIDING OFFICER. The Sen- Campbell Hagel Rockefeller three Republicans and one Independent ator from Tennessee. Cantwell Harkin Santorum are sponsoring this amendment is that Carper Hatch Sarbanes Mr. ALEXANDER. Mr. President, I Chafee Hollings Schumer I think many of us in the Senate are thank the Senator from Louisiana. We Chambliss Hutchison Sessions neither pronuclear nor antinuclear but should not pass an Energy bill that Clinton Inhofe Shelby we are definitely protaxpayer. That is does not put conservation up on the Cochran Inouye Smith why we are on the floor this afternoon, Coleman Jeffords Snowe platform along with our encourage- Collins Johnson Specter because the loan guarantees that are in ment of nuclear power, oil exploration, Conrad Kennedy Stabenow this legislation to construct nuclear and hydrogen fuel cell; all of that is Cornyn Kerry Stevens power facilities are unprecedented and Corzine Kohl Sununu important. And this amendment by the Craig Landrieu Talent represent, in my view, particularly on- Senator and various cosponsors makes Crapo Lautenberg Thomas erous and troublesome risks to the tax- it clear to the country that common- Daschle Leahy Voinovich payers of this country. sense ways to conserve oil are equally Dayton Levin Warner Frankly, people in my part of the DeWine Lieberman Wyden important in our arsenal of having an country know a bit about this. It is not economy that is less dependent on for- NAYS—1 an abstraction for the people of the Pa- eign oil and in a better position to Kyl cific Northwest where we had the produce clean air. The amendment (No. 871) was agreed WPPSS debacle and 4 out of 5 facilities I am proud to join as a cosponsor. I to. were never built. It was the biggest congratulate the Senator and con- municipal bond failure in history, and gratulate our chairman for being able f it has certainly colored my thinking to move this bill forward with such a with respect to why we are on the floor bipartisan consensus. RECESS today. Ms. LANDRIEU. Mr. President, I ask The loan guarantees—we did some re- The PRESIDING OFFICER. Under for the yeas and nays. search into this—are unprecedented The PRESIDING OFFICER. Is there a the previous order, the hour of 12:30 with respect even to nuclear power. As sufficient second? having arrived and passed, the Senate far as I can tell, in the early days of There appears to be a sufficient sec- will stand in recess until 2:15. nuclear power, there were subsidies for ond. Thereupon, the Senate, at 12:56 p.m., nuclear power but never before were The yeas and nays were ordered. recessed until 2:15 p.m. and reassem- the taxpayers on the hook from the The PRESIDING OFFICER. The Sen- bled when called to order by the Pre- get-go. That is what the Senate is con- ator from New Mexico has 3 minutes siding Officer (Mr. THOMAS). fronted with now. remaining. The PRESIDING OFFICER. The Sen- When it comes to the question of Mr. DOMENICI. Mr. President, I ator from Alabama. risk, I hope the Senate will focus on yield back the time I have. I might say what the nonpartisan Congressional to Senators, we tried very hard to get f Budget Office has said on this topic. I the vote within 15 minutes last time. I will quote. It is at page 9 of the Con- was asked by a number of Senators to CHANGE OF VOTE gressional Budget Office analysis that please try to do that on the votes. I Mr. SHELBY. Mr. President, on we have made available to Senators. have no authority to say that will be Thursday, June 5, on rollcall vote No. The Congressional Budget Office con- the rule, but as the floor manager, we 209, I voted yea. It was my intention sidered: have a 15-minute rollcall vote on this then to vote nay. Therefore, I ask The risks of default on such loan guaran- amendment. It is a simple one. It is not unanimous consent that I be permitted tees to be very high, well above 50 percent. too hard to find your way to the floor. to change my vote since it will not af- Colleagues, first, when we are talking I trust that in 15 minutes we will have fect the outcome. about risk—because nothing in life is disposed of this. The PRESIDING OFFICER. Is there foolproof and there are no guarantees In the meantime, before that occurs, objection? of anything—I hope in looking at these I ask unanimous consent that when the Without objection, it is so ordered. guarantees you will first focus on the Senate convenes at 2:15, the pending The PRESIDING OFFICER. Under fact that the Congressional Budget Of- amendment be set aside and that Sen- the previous order, the Senator from fice has specifically said in their anal- ator WYDEN be recognized to offer the Oregon is recognized. ysis that the risk of default on the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.039 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7577 guarantees is very high. If those plants a high likelihood of default, and a re- taxpayer out there can simply do the default, the exposure to taxpayers is port done by the Congressional Re- math as to what kind of exposure this enormous. search Service talking about exposure would provide. I will quote from the Congressional to taxpayers. It has been a pleasure to work with Research Service report they did with I would finally say to the Senate, it the Senator from Oregon. We are going respect to these subsidies. They said: did not have to be this way. I know the to get into the substance of this debate . . . the potential cost to the federal gov- distinguished chairman of the Energy and the details of this debate over the ernment of the nuclear power plant subsidies Committee feels very strongly about next couple of hours, but at this time I that would be provided by [this title] would this subject. He is a longtime family yield the floor to the Senator from Ne- be in the range of $14–$16 billion in 2002 dol- friend. I was very willing, and I think vada, who has been a very strong voice lars. other Senators were as well, to have on this and other matters having to do I think it is worth noting that the had a modest program. We had been with energy. Senate spent a great deal of time on talking, for example, about one experi- The PRESIDING OFFICER (Mr. the child tax credit last week. There mental initiative to look at advanced DOMENICI). The Senator from Nevada. we were focusing on something involv- technologies of one sort or another. I Mr. REID. Mr. President, I express ing $3 billion. If one or two of these think that would have been acceptable. my appreciation to the Senator from plants go down, taxpayers are on the But here we are talking about guaran- New Hampshire for allowing me to hook for a sum greater than that child tees for up to seven plants. speak. I have to speak at a memorial tax credit. I will make reference to the legisla- service in just a short time, and but for Now, in the course of today’s discus- tion. The bill authorizes DOE to pro- his kindness and generosity I would sion, we will hear a number of argu- vide loan guarantees for up to 50 per- have had to either miss the ability to ments against the Wyden-Sununu cent of the construction costs of new debate this matter or be late to debate amendment. One of the first will be: nuclear plants and, on top of that, this matter. So I appreciate very much There are tax credits for a variety of would authorize the Department of En- the comity of my friend from New energy sources in this legislation, for ergy to enter into long-term contracts Hampshire. I express my appreciation to my wind and solar and a variety of energy for the purchase of power from those longtime friend and colleague, Senator alternatives. That is correct. But those plants. The Secretary could provide WYDEN, for this legislation. I also say tax incentives are fundamentally dif- loan guarantees for up to seven plants. the way this legislation has been ap- ferent than the loan guarantees be- That is not a modest experiment that proached is the way to approach legis- cause in those instances the producer would have been acceptable to this lation. This is a bipartisan amendment. faces substantial risk. Member of the Senate, but it is a very This is a good debate we are having on With respect to, say, a wind facility, significant exposure to the taxpayers if the producer takes the initial risk the Senate floor. of this country at a time when every My friend from New Mexico, the and later on produces some wind Senator is concerned about deficits. manager of this bill, believes very power, they would get a credit in order Mr. President, I intend to allow time deeply in the renewal of nuclear power. to defray some of their costs. With re- for my colleagues. I see Senator I understand how he feels about this. spect to the loan guarantees for nu- SUNUNU is on the floor. Senator REID As I say, this is the way legislation clear power, the producer faces no such has strong views on this. should be handled. This is a good, fair, risk. The producer has the Govern- I also express my appreciation to the open debate. I approach this more from ment, in effect, guaranteeing, right at distinguished ranking minority mem- an environmental perspective than my the outset, much of the risk. ber of the Energy Committee. He has friend from New Hampshire does. Even So with respect to these nuclear loan worked very closely with me. He em- though he has been here just a short guarantees, unlike the incentives for bodies the philosophy of a lot of our period of time, the Senator from New wind or solar, what we are talking colleagues in that he has been sup- Hampshire is always focused on num- about is that the Government will so- portive of nuclear power in the past bers, taxpayer dollars. cialize the losses but will let private but believes these subsidies are too I rise in support of this amendment investors pick up the gains. The losses rich. offered by my colleagues, the Senator will be socialized; the gains will be I am hopeful that today Senators from Oregon and the Senator from New privatized. And that is unique in this with varying degrees of views on the Hampshire. I really do appreciate their legislation. nuclear power issue will agree with the efforts to bring to light the tremendous I also say to my colleagues in the Congressional Budget Office, will agree financial risks this Energy bill places Senate, the White House has never with the Congressional Research Serv- on the backs of American working men asked for these loan guarantees. These ice on these issues with respect to the and women and their families. loan guarantees are not in the House taxpayers, and support the Wyden- Let me underline and underscore, my bill. Senators’ phones are not ringing Sununu amendment. opposition to this amendment has off the hook from the Secretary of En- Mr. President, I yield at this time so nothing to do with the longstanding, ergy or others clamoring that this other colleagues who have time con- seemingly never-ending debate on nu- must be done. This is something that, straints may speak. I will have the op- clear waste. This has nothing to do in my view, is far out of the main- portunity to speak later in the debate. with nuclear waste. stream in terms of energy policy, not The PRESIDING OFFICER. Who This Energy bill contains a provision, because I am antinuclear—and I don’t yields time? which this amendment would strike, intend to talk about safety issues—but The Senator from New Hampshire. that would make the Federal Govern- because it is such a large exposure to Mr. SUNUNU. Mr. President, I begin ment the guarantor of the costs of taxpayers. by thanking my colleague from Oregon building new nuclear powerplants. For example, a number of reports for his work on this amendment. I am The Energy bill would allow the Sec- have come out already with respect to pleased to join as a cosponsor. As he retary of Energy to enter into agree- how nuclear power stands up with re- pointed out, this is ultimately about ments with nuclear powerplant owners spect to other costs such as natural gas what kind of an energy policy we want, to give Federal loan guarantees for or coal. One of the reasons, in my view, what kind of an economic policy makes loans to construct new reactors or to the Congressional Budget Office be- sense, and whether we can do the right enter into new contracts for guaran- lieves there is such a high risk of de- thing and protect taxpayers from being teed purchases of power from these re- fault is that the objective analyses exposed to the potential liability and actors. show that nuclear has not been com- cost that Senator WYDEN described. According to the Congressional Budg- petitive with other sources such as This provision we are trying to strike et Office, what we refer to as CBO, this coal. in this bill guarantees 50 percent of the is an extremely risky financial endeav- I hope Senators will look at those construction costs of up to six nuclear or. In fact, the CBO considers ‘‘the risk two reports: a report done by the Con- powerplants. Those plants could cost of default on such a loan guarantee to gressional Budget Office documenting anywhere from $2 to $4 billion. And any be very high—well above 50 percent.’’

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.042 S10PT1 S7578 CONGRESSIONAL RECORD — SENATE June 10, 2003 That means the American taxpayer clear fleet into achieving record availabil- Holdings Ltd. of South Africa plans to build will be footing the bill for construction ities and load factors, as independent owners soon, would likely risk design changes and of these nuclear powerplants, the way have taken ownership from utilities that di- attendant cost growth if built in the U.S. the Senator from Oregon indicated we vested generation. Even utilities that did not Cost growth and delay can also arise from divest their nuclear plants have experienced design and scope changes due to the efforts would have really a socialization of the greatly improved performance across the of effective interveners, such as the anti-nu- costs and the nonbenefits of this legis- board. Today’s nuclear power plant oper- clear citizen activist groups that success- lation. If this provision remains in the ation and maintenance and fuel costs are re- fully delayed Shoreham and ultimately pre- bill, the Federal Government will be markably low compared with many fossil vented it from going commercial. entering into loan guarantees and fuel plants—as low as 1.68 cents per kWh ac- History also suggests that the construction power purchase agreements that could cording to the Nuclear Energy Institute. Al- and start-up phases of new nuclear power cost at least $14 billion. though the high-profile accidents at Three will likely encounter problems that will result in increased costs and delays. Licensing CBO is not alone in its assessment of Mile Island and Chernobyl greatly raised the threshold for safer operations, operating suc- delays, construction management problem the financial risk of backing the new cess stories may overstate what may be procurement holdups, troubles with new reactor construction. achievable with new designs. Nuclear opera- technologies and construction defects, We have from Standard & Poor’s a tors in the U.S. have had a few decades to among other problems extended construction document I ask unanimous consent to work out operationsl problems, and with beyond 10 years for some U.S. nuclear power print in the RECORD. original debt paid off, more cash resources plants. It would be overly heroic to assume There being no objection, the mate- have been dedicated to improving perform- that the first nuclear plant to be built in more than two decades would escape the in- rial was ordered to be printed in the ance. Providers of new capital for advanced, nuclear energy will want some comfort that dustry’s legacy of construction problems. RECORD, as follows: credit and operating risks are covered. But For a debt-financed construction endeavor, TIME FOR A NEW START FOR U.S. NUCLEAR the industry’s legacy of cost growth, likely to cost hundreds of millions of dollars ENERGY? technolgy problems, cumbersome political (possibly into the billion dollar plus range), (By Peter Rigby) and regulatory oversight, and the newer these problems, or even the possibility of risks brought about by competition and ter- such problems, will likely drive risk-averse Since its beginnings, commercial nuclear lender to demand a significant risk premium energy has offered the tantalizing promise of rorism concerns may keep credit risk too high for even the Senate bill to overcome. unless a third party assumes completion and clean, reliable, secure, safe, and cheap en- delay risks. In the world of cost-of-service, HISTORIC RISKS WILL PERSIST ergy for a modern world dependent upon rate-of-return environments, utilities could, electricity. No one did more than Lewis A nuclear power plant’s life cycle exposes and did, pass these costs onto ratepayers to Strauss, chairman of the U.S. Atomic En- capital providers to four distinct periods of a certain extent. The bankruptcies of El ergy Commission, to define expectations for credit risk that history has shown will per- Paso Electric Co. and Public Service Com- the industry when he declared in 1954 that sist. These periods are pre-construction, con- pany of New Hampshire in the 1980s, how- nuclear energy would one day be ‘‘too cheap struction, operations, and decommissioning. ever, attest to the limits of ratepayers’ ca- to meter.’’ But the record proved far dif- The risks tend to be asymmetrical with an pacity to absorb construction risk. ferent. Nuclear energy became the most ex- enormous downside bias against credit pro- Today, no utility or independent power pensive form of generating electricity and viders and little or no upside benefits. To producer or their capital provide will want the most controversial following accidents attrack new capital, future developers will to take unmitigated construction risk, par- at Three Mile Island and Chernobyl. And to- have to demonstrate that the risks no longer ticularly if it is difficult to quantify. In addi- day’s electricity industry’s credit problems exist or that the provisions of the Energy tion, given the possibility that much of the of too much debt and too many power plants Bill can effectively mitigate the risks. construction risk of a new nuclear plant may will do little to invite new interest in an ad- During a nuclear plant’s pre-construction, lay outside of the engineering, procurement, vanced design nuclear power plant. Yet en- phase, lenders, as they do with other and construction contractor’s control, no ergy bills circulating through the U.S. Sen- projects, face the risks of cost growth and contractor will want to risk its balance ate and House of Representatives hope to delay. When nuclear engineers encountered sheet to provide the fixed-price, date-certain, change that perception and perhaps lower technology problems during the planning turnkey construction contracts that have the credit risk sufficient enough to attract stages in the 1960s and 1970s, solutions inevi- given great certainty to the cost of today’s new capital. Will Washington, D.C.’s new en- tably resulted in scope changes or re-designs, new fossil-fueled power plants. Because of ergy initiatives lower the barriers to new nu- or both. A 1979 Rand Corp. study for the U.S. the long lead-time historically associated clear construction? Many would like to Dept. of Energy still serves as a warning to with nuclear power, securing 100% financing think so, but it will be an uphill battle. investors in new, untested nuclear tech- upfront, as the industry has become accus- The House version of the Energy Bill mod- nology. The study found that cost budget es- tomed to, may be difficult. That could intro- estly ‘‘. . . sets the stage for building new timates grew on average 114% over first esti- duce financing risks if projects encounter nuclear reactors by reauthorizing Price-An- mates and that final actual costs exceeded problems during construction; delays in se- derson. . . .’’ Since 1957, the Price-Anderson those estimates by 141%. Half of the plants curing final financing would, among other Act has indemnified the private sector’s li- in the study never reached commercial oper- problems, drive up capitalized interest costs ability if a major nuclear accident happens ations. An extreme example of delays and during construction and ultimately the on the premise that no private insurance cost overruns, which remains fresh in inves- project’s cost. carriers could provide such coverage on com- tors’ minds, is Long Island Lighting Co.’s While U.S. nuclear power plants have oper- mercial terms. Without Price-Anderson, it is Shoreham nuclear power station. Begun in ated without major mishap for over 20 years, difficult to envision how nuclear plants 1965 at an initial cost estimate of $65 mil- unexpected costs during the operational could operate commercially, now or in the lion–$75 million, Shoreham endured 20 years phase of a nuclear plant can be substantial. future. The more ambitious Senate version of construction delays and design changes And it is unclear whether and if proposed of the Energy Bill seeks to jump-start new due to legal battles, local opposition, regu- government programs will be able, or will- nuclear plants in the U.S. by providing meas- latory and political intervention, and tech- ing, to offset the risk of these costs. Still, to- urable financial resources for new projects. nical problems that pushed the final cost to day’s operators have demonstrated that they According to the latest version of the Senate almost $6 billion. In the end, a complete and can safely operate older nuclear power Energy Bill, the Secretary of Energy could fully licensed power plant never went oper- plants. Yet the potential that incidents,such provide financial assistance to supplement ational, and ratepayers, investors, and tax- as last year’s wholly unanticipated corrosion private sector financing if the proposed new payers are still footing the bill. Another ex- problem at FirstEnergy Corp’s Davis Besse nuclear plant contributes to energy security, ample is TXU Corp.’s 2,300 MW Comanche 900 MW plant, are not unique, one-time af- fuel, or technology diversity or clean air at- Peak Units 1 and 2, which took longer than fairs will keep credit risk high for nuclear tainment goals. The bill would limit finan- any nuclear plant to build and saw costs plant owners. In addition, investors will re- cial assistance to 50% of the project costs mushroom to nearly $12 billion by the time member that the Davis Besse repair costs of with financial assistance being defined as a full operations began in 1993. about $400 million, not including replace- line of credit, secured loan, loan guarantee, That no new nuclear plant construction ment power, are unrecoverable from rate- purchase agreement, or some combination of has begun in the U.S. for over 2 years sug- payers, leaving investors to shoulder the these assistance plans. gests that a new one would be susceptible to costs, incidentally, had the outage occurred In light of how well U.S. nuclear plants cost growth risk as engineers incorporate ad- during a period of high power prices and have generally been operating recently and vances in control and power systems, fuel tight supply, as was the case two years ago, with promising new technology on the hori- systems, safety and regulatory requirements the cost to investors would have been much zon, nuclear energy would seem to have a fu- (which could become more onerous during higher. ture. Currently, about 20% of the nation’s the years of design and construction), mate- Decommissioning costs, which entail the electricity comes from nuclear power plants. rial sciences and information technology. considerable expense of tearing down a plant The introduction of competition and deregu- Even promising new designs, such as the peb- and safely disposing or storing the radio- lation in the U.S. has helped drive the nu- ble bed reactor (PBR) design that Eskom active waste, remain uncertain at best given

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.046 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7579 how few U.S. nuclear plants have undergone For some of the same reasons, public utility U.S. nuclear generation capacity beyond ex- decommissioning. Progress toward creating commissioners may not be so forthcoming isting subsidies, such as Price-Andersen, if a permanent disposal site for nuclear waste with their authority to grant rate-based they are heavily invested in coal and gas. at the government’s Yucca Mountain site in treatment of a new nuclear plant, especially New nuclear energy’s low variable operating Nevada will help mitigate decommissioning in the preconstruction period if cost growth costs would likely displace existing coal- risk, as well as spent fuel disposal costs. risk remains uncovered. For many commis- fired and gas-fired generation units in to- Again, it is not clear who will bear decom- sioners, the all-in costs of alternative gen- day’s environment. It will do little, however, missioning costs, but if lenders foresee any eration will likely seem more predictable to displace oil-fired generation or lower U.S. lender liability risk, they will steer clear of and cheaper than a new nuclear plant. oil imports because so little electricity, new nuclear investments or require steep The current backlash against regulatory about 2% of the U.S. load, is actually gen- compensation. That, as a point aside, may be reform and open markets in parts of the erated by oil and much of that is for peak one of the reasons so many plants have been country could also put a new nuclear plant load, which nuclear energy would not serve granted license extensions. Refurbishing a at risk. A large, new nuclear plant will typi- anyway. But for stakeholders—investors, depreciated nuclear power plant costs far cally need access to a large electrical net- state politicians and regulators, lenders, cus- less than decommissioning one. work with a geographically dispersed customers—the risk that new nuclear genera- Finally, for many of the reasons described tomer group—the network that a structured tion could strand investment in conventional above and all else being equal, Standard & regional transmission organization, as envi- fossil-fuel-fired generation may be unaccept- Poor’s Ratings Services has found that an sioned by FERC, could provide. However, if able unless the government provides finan- electric utility with a nuclear exposure has transmission access is limited or if states cial compensation. And for a government weaker credit than one without and can ex- have chosen to maintain barriers to elec- trying to contain federal spending, those pect to pay more on the margin for credit. tricity trading and marketing, physical or costs could be prohibitively expensive. Federal support of construction costs will do otherwise, as many have, a new nuclear AN ENERGY BILL COULD MITIGATE THE RISKS power plant may find itself operating within little to change that reality. Therefore, were To attract new capital to build the next a much smaller system, a situation that a utility to embark on a new or expanded nu- generation of nuclear power plants in the could raise its credit risk, all else being clear endeavor, Standard & Poor’s would U.S., developers will need to convince capital equal. One obvious mitigant to this rise likely revisit its rating on the utility. providers that the following risks are not would be to build much smaller nuclear COMPETITION INTRODUCES NEW RISKS FOR plants, such as the 100–MW modular PBR de- materially greater than for fossil fuel power NUCLEAR ENERGY signs. plants: As electricity deregulation and industry Whether a new nuclear plant is financed di- The expense of cost growth, scope change, reform have progressed, capital providers to rectly from the wallets of captive ratepayers technology risk and start-up delay. The costs of unforeseen design problems the nuclear power sector face some of the or with long-term contracts, a large nuclear that manifest themselves well after commer- same risks as capital providers to other plant’s size relative to its market raises out- power generation technologies. Again, if pol- cial operations begin. age-cost risk. A nuclear plant with a long- The costs resulting from the activities of icymakers want to attract capital to the in- term power contract will likely contain pro- dustry, lenders in particular will likely have effective interveners. visions to provide replacement power, or the The costs resulting from regulatory to be convinced that at least some of the financial equivalent, if the plant becomes changes, including growth in oversight and risks are covered or mitigated. The sheer temporarily unavailable. Given nuclear pow- compliance costs. size of most new nuclear investments sug- er’s vulnerability to rare, but extended The cost arising from forced outages in a gests that downside risk for lenders could be forced outages, replacement power costs for competitive wholesale environment. considerable indeed. 1,000–2,000 MW of base load power could be The costs of replacing credit Clearly, buying and selling electricity in a considerable, which would factor into credit counterparties who are unwilling or unable competitive environment comes with its risk. Similarly, a utility that owns a large to honor obligations or commitments upon risks, both market and political. The wake nuclear station could find itself spending which a nuclear plant’s financing decisions of California’s electricity reform problems hundreds of millions of dollars to cover its were made. forced one utility into bankruptcy and short position while its station was down The added and uncertain expense of pro- brought another to the brink of bankruptcy. without assurances of recovery from rate- viding insurance and terrorism protection Independent power producers are resisting payers. Again, smaller PBRs would mitigate that nuclear plants need and that would dis- efforts by California and its Department of this risk. advantage a nuclear plant operating in a Water Resources to abrogate or renegotiate Some the preliminary provisions of the competitive wholesale market. recently executed power sales agreements. Senate Energy Bill contemplate some of The versions of the Energy Bill circulating These events, combined with the credit these risks. A long-term power contract, for around Capital Hill may indeed mitigate crunch that has hit many other utilities and example, with the federal government that enough of the risks that would otherwise dis- energy merchants, have understandably covers 50% of the plant’s costs might miti- suade investors from financing new nuclear moved public utility commissioners and cap- gate some of concerns of operating in a com- capacity. The key drivers will be not so ital providers into more risk-averse postures. petitive environment. Similarly, loan guar- much in the broad generalities of the author- Absent these problems, nuclear power would antees or lines of credit could also offset the izing legislation, but the details of the ena- still be challenged to attract new capital; in costs. However, if gas- and coal-fired plants bling regulations promulgated by the De- this environment, however, the task is all can be built for much less (e.g., 50% less) and partment of Energy. That could take some the more difficult. Competition has dramati- the operational risk of extended nuclear time to draft. However, the Senate markup cally shifted risks from ratepayers to lenders plant outages remains uncovered, a govern- of the bill appears to recognize the issues. and other investors; that is not likely to ment program could fall short of relieving Absent an affordable alternative, if Price- change. investors’ credit concerns. Moreover, as with Anderson is not re-authorized, existing nu- In a competitive wholesale power environ- any government subsidy program, offenders clear power plants could be forced to close ment, nuclear plants would likely sell power would invariably factor U.S. government because of the potential liability of an acci- as a base load generator behind hydroelectric counterparty risk in the form of subsidy re- dent that could run into the billions of dol- and ahead of coal and gas. Capital costs authorization uncertainty. Would the pro- lars. Beyond Price-Anderson, however, con- would be higher than coal plants and much grams envisioned by the Senate bill last siderable government financial support will higher than natural gas plants, but marginal through the capital recovery period? Maybe. like be needed to attract capital, given the operating costs would be very low, as they Maybe not. perceived credit risks. are now. Nonetheless, an owner of a new nu- A new risk for nuclear energy that has The proposed Energy Act’s subtitle sec- clear plant would likely want a long-term— caught everyone’s attention is terrorism. Be- tion, the ‘‘Nuclear Energy Finance Act of 20 years or more—power contract with a cause of the dangers that nuclear energy 2003.’’ provides support for ‘‘advanced reactor creditworthy utility to ensure that fixed and brings, security and insurance costs for nu- designs’’ that covers reactors that enhance variable cost are covered in order to attract clear facilities—new and old—are much high- safety, efficiency, proliferation resistance, or the massive amount of capital needed for er than for fossil or renewable power plants. waste reduction compared with existing construction. Alternatively, a utility that Therefore, in a competitive power environ- commercial nuclear reactors in the U.S. In wants to add a new nuclear plant to its port- ment, stakeholders in power generation may addition, financial support would consider folio would need regulatory assurances from be reluctant to assume new risks that cost ‘‘eligible costs’’ that would cover costs in- its public utility commission that the entire more to mitigate. Again, if a government curred by a project developer to develop and cost of the plant would be recoverable from subsidy can put security costs for new nu- construct a nuclear plant, including costs its rate base. In the first instance, few utili- clear plants on an even playing field with arising from regulatory and licensing delays. ties, or their regulators, want such long- conventional power generation, the industry Financial assistance may take the form of a term contract obligations, especially in an could attract new capital. However, most loan guarantee of principal and interest, a environment of excess generation that can new programs envisioned by Washington power purchase agreement, or some com- be purchased on the cheap. That gas costs only address the construction risk. bination of both. and clean-air compliance costs could be on As a note aside, some power generators and The government’s proposed support of new the rise might offset some of those concerns. utilities may oppose efforts to support new nuclear construction will come with limits.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.008 S10PT1 S7580 CONGRESSIONAL RECORD — SENATE June 10, 2003 The objective is to cover the risks of new nu- ernment to make at this time. The economical as the industry claims, they clear general technology and construction simple truth is if investors on Wall should be able to finance them privately. until capital providers gain confidence that Street won’t invest in new nuclear There is no justification for providing the a new generation of nuclear power plants is mature nuclear industry with these massive commercially sustainable. The act would powerplants, we should not force the subsidies. Again, we strongly urge you to limit support to 50% of eligible project costs families on Main Street to back them vote for the Wyden-Sununu-Bingaman-En- and to the first 8,400 MW of new nuclear gen- with their hard-earned income. We sign amendment to strike Title IV Subtitle eration. The 50% limit would certainly con- have an obligation to protect the B of S. 14. trol the government’s exposure, as well as American taxpayer from having his or Sincerely, mitigate the risks of moral hazard that a her money guarantee investments by Anna Aurillio, Legislative Director, U.S. complete guarantee would invite. However, the Federal Government in these risky Public Interest Research Group. as the industry has learned, some of the programs. This amendment is not Alden Meyer, Director of Government Re- costs that could undermine new nuclear lations, Union of Concerned Scientists. power are not those of construction and de- about whether you support or oppose Jill Lancelot, President, Taxpayers for sign, but are the operational ones that could nuclear power; it is about keeping the Common Sense. arise after government assistance has ended. Federal Government from making Debbie Boger, Senior Washington DC Rep- In addition, given the risk of cost growth risky investments. resentative, Sierra Club. and the likely high capital costs of a new nu- A wide range of national taxpayer, Wenonah Hauter, Director, Public Citizen’s clear plant, a 50% level of financial assist- environmental, and public interest Critical Mass. Michael Mariotte, Executive Director, Nu- ance may not be enough to entice a devel- groups understand these risks. That is oper comparing uncertain estimates of clear Information and Resource Service. $1,500–$2,000 per kW capital cost of a new why more than a dozen of these groups Alyssondra Campaigne, Legislative Direc- generation nuclear plant with more certain signed a letter supporting the Wyden- tor, Natural Resources Defense Council. $500 per kW combined-cycle gas turbine or Sununu amendment. The groups in- Pete Sepp, Vice President of Communica- $1,000 per kW coal capital costs. clude the National Taxpayers Union, tions, National Taxpayers Union. Whether or not the nuclear energy provi- Taxpayers for Common Sense, Council Betsy Loyless, Political director, League sions of the Senate’s version of the Energy for Citizens Against Government of Conservation Voters. Leslie Seff, Esq., Project Director, Sus- Bill are good ecomonic or energy policy is Waste, the U.S. Public Interest Re- beyond the scope or intent of this article. tainable Energy, GRACE Public Fund. New nuclear energy has compelling at- search Group, and the National Re- Erich Pica, Green Scissors Director, tributes, such as supporting energy diver- sources Defense Counsel. Friends of the Earth. sity, replacing an aging U.S. nuclear fleet, I ask unanimous consent that a let- Tom Schatz, President, Council for Citi- offsetting rising natural gas prices, and re- ter from these organizations be printed zens Against Government Waste. Susan Gordon, Director, Alliance for Nu- ducing greenhouse gases and NOX, SOX, and in the RECORD. particulate airborne pollutants. Once the There being no objection, the mate- clear Accountability. capital costs are sunk, the variable oper- rial was ordered to be printed in the Mr. REID. Mr. President, I also have ating cost can indeed be quite low. However, RECORD, as follows: a letter signed by the League of Con- nuclear power tends to raise credit risk conservation Voters indicating they will cerns during construction and well after con- SUPPORT WYDEN-SUNUNU-BINGAMAN-ENSIGN struction. Investors, particularly lenders AMENDMENT TO STRIKE TAXPAYER FINANC- consider including the vote on this who rarely see any upside potential in cut- ING FOR NEW NUCLEAR REACTORS amendment in their yearly environ- ting-edge technology investments, including June 5, 2003. mental scorecard. I ask unanimous energy, will likely find the potential down- DEAR SENATOR: As national taxpayer, pub- consent that that letter be printed in side credit risk of an advanced, nuclear lic interest, and environmental organiza- the RECORD. power plan too much to bear unless a third tions, we are writing in support of the There being no objection, the mate- party can cover some of the risks. An Energy Wyden-Sununu-Bingaman-Ensign amend- rial was ordered to be printed in the Bill that covers advanced design nuclear ment to strike Title IV, Subtitle B from S. RECORD, as follows: plant construction risk may go a long way 14, the ‘‘Energy Policy Act of 2003.’’ This ir- toward allaying those concerns, but if oper- responsible provision makes taxpayers liable LEAGUE OF CONSERVATION VOTERS, ational and decommissioning risks remain for up to half the cost of constructing new June 10, 2003. uncovered, look for lenders to sit this oppor- reactors, a new and unprecedented extreme Re Wyden-Sununu-Bingaman-Engsign tunity out. in the long history of subsidizing the mature Amendment To Strike Taxpayer Financ- Mr. REID. I will only read one sen- nuclear industry. We urge you to support the ing For New Nuclear Reactors. tence: Wyden-Sununu-Bingaman-Ensign amend- Hon. HARRY REID, ment to strike Title IV, Subtitle B of S. 14. U.S. Senate, But the industry’s legacy of cost growth, Subtitle B authorizes the Department of Washington, DC. technology problems, cumbersome political Energy to provide federal loan guarantees to DEAR SENATOR REID: In response to an in- and regulatory oversight, and the newer finance half the cost of bringing on line an quiry from your staff, this letter will con- risks brought about by competition and ter- additional 8,400 megawatts of nuclear en- firm that the League of Conservation Voters rorism concerns may keep credit risk too ergy) amounting to an estimated taxpayer (LCV) supports an amendment that will be high for even the Senate to overcome. subsidy of $14 to $16 billion. There are no offered by Senators WYDEN (D-OR), SUNUNU In addition, we have the Economist guidelines regarding interest rates and re- (R-NH), BINGAMAN (D-NM) and ENSIGN (R- magazine of May 19 which says, among payment for the loan guarantees, and the NV) to the Senate Energy bill (S. 14) striking other things: Congressional Budget Office considers the a provision that would make taxpayers liable That is why the real argument over risk of default on such a loan guarantee to for up to half the costs of constructing new nuclear’s future should rest on economics. be ‘‘very high—well above 50 percent.’’ reactors, a new and unprecedented extreme Given the industry’s history of cost overruns Additionally, this provision authorizes the in the long history of subsidizing the mature and wasted billions, the claim of dramati- federal government to enter into purchase nuclear industry. cally improved economics would, if true, agreements to buy power back from these S. 14 would provide federal loan guarantees support a revival. Alas, as our special report new reactors. The legislation does not state to finance half the cost of bringing on line an makes clear . . . the claim is dubious. how much energy the federal government additional 8,400 megawatts of nuclear en- Why in the world should a mature, well- will purchase and at what rate, but Depart- ergy, and estimated taxpayer subsidy of $14 capitalized industry receive subsidies, such ment of Energy documents recommend that to $16 billion. There are no guidelines regard- as government liability insurance or help the the federal government contract to purchase ing interest rates and repayment for the loan costs of waste disposal and decommis- nuclear power at above market rates. Offer- guarantees. In addition, this provision au- sioning? ing these subsidies to a mature industry thorizes the federal government to enter into The article closes by saying: would further distort electricity markets by purchase agreements to buy power back from granting nuclear power an unfair and unde- these new reactors. The legislation does not If the private sector wishes to build new sirable advantage over other energy alter- state how much energy the federal govern- nuclear plants in an open and competitive natives. ment will purchase and at what rate, but De- energy market, more power to it. As sub- Even the first nuclear reactors did not re- partment of Energy documents recommend sidies are withdrawn, however, that possi- quire this level of taxpayer financing. Since that the federal government contract to pur- bility will become ever less likely. Nuclear then, federal taxpayers have already pro- chase nuclear power at above market rates. power, which early advocates thought would vided $66 billion in research and development Offering these subsidies to a mature industry be ‘‘too cheap to meter’’, is more likely to be subsidies to the nuclear power industry. would further distort electricity markets by remembered as too costly to matter. Nearly five decades and more than 100 reac- granting nuclear power an unfair and unde- These statements hardly sound like a tors later, it is time for the industry to sup- sirable advantage over other energy alter- sound investment for the Federal Gov- port itself. If proposed new reactors are as natives.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.011 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7581 Even the first nuclear reactors did not re- not generate greenhouse gases. And it now operating. The nuclear industry quire this level of taxpayer financing. Since does so at prices that are competitive did not need loan guarantees to get off then, federal taxpayers have already pro- with coal and natural gas. the ground 50 years ago, and I do not vided $66 billion in research and development I hope in the future we will see addi- believe those guarantees are required subsidies to the nuclear power industry. Nearly five decades and more than 100 reac- tional nuclear power production in this at this point. tors later, it is time for the industry to sup- country and worldwide. I think it is a Moreover, the companies that are port itself. If proposed new reactors are as technology that provides many bene- most likely to build these new nuclear economical as the industry claims, they fits to us. powerplants are the ones that have should be able to finance them privately. There are provisions in the bill that built them before and the ones that are There is no justification for providing the are strongly in support of the nuclear operating them now. These are not mature nuclear industry with these massive power industry and its future: The re- small businesses. subsidies. For this reason, we strongly sup- newal of the Price-Anderson Act, for As a result of the recent wave of port the Wyden-Sununu-Bingaman-Ensign example, that protects the nuclear in- mergers and acquisitions, there are a amendment to strike the nuclear construc- dozen utilities that now own 75 percent tion subsidy from S. 14. LCV’s Political Ad- dustry against liability from accidents. visory Committee will strongly consider in- There are provisions in there to carry of the Nation’s nuclear capacity and cluding votes on this issue in compiling out research and development to help two-thirds of its nuclear reactors. Each LVC’s 2003 Scorecard. If you need more infor- with the training of a workforce. There of these utilities generates billions of mation, please call me or Mary Minette, are many provisions in this bill that dollars in revenues each year. Many LVC’s legislative director, at (202) 785–8683. are very strongly in support of the nu- generate tens of billions of dollars in Sincerely, clear power industry. revenue each year. Collectively, these BETSY LOYLESS, The provision this amendment goes 12 utilities had nearly $12 billion in Vice President, Policy & Lobbying. to would authorize the Secretary of revenues in 2001. Mr. REID. The nuclear power indus- Energy to guarantee up to half the cost There is no evidence of which I am try is a mature, developed industry. It of 8,400 megawatts of nuclear capacity. aware in the record before us that the has had more than 30 years to convince That translates into at least six large nuclear industry needs loan guarantees the wizards on Wall Street of its finan- nuclear powerplants. We do not know of this magnitude to build new nuclear cial merit. The truth is Wall Street is with any precision how much these powerplants. The Energy and Natural not convinced, and until Wall Street is loan guarantees would wind up costing Resources Committee held hearings on convinced, Congress should stay out of taxpayers. That depends on many vari- the state of the nuclear industry in the the risky financial deals. ables, such as how many plants are ac- past Congress. We heard from both the The New York Times today had an tually built under the program, how utility industry and the financial com- article about the empty energy bill. much they cost, whether in fact there munity, and neither one suggested that One of the paragraphs from the New is a default, what the interest rates loan guarantees were appropriate or re- York Times article reads: might be on the defaulted loans, quired. The utility representative said that The biggest addition to this dreary lineup whether the plants would still be able the state of the nuclear industry is [of matters in this bill] is a huge $30 billion to operate if there were default. subsidy for nuclear power. ‘‘very sound’’ and that new plants There is a lot of uncertainty in the would be ‘‘economically competitive’’ It goes on to say that this is simply provision that is the subject of this de- and acceptable to investors. The Wall bad. Even pronuclear allies regard this bate. The Congressional Budget Office Street representative at our committee package as being excessive. has made a number of assumptions hearing testified that a large successful The Washington Post today says: that are favorable to the industry in utility could finance the construction . . . taxpayers should not be asked to pro- coming up with its estimate. It as- of a new nuclear powerplant, and no- vide subsidies for new nuclear power plants sumes, for example, that the Govern- either. As it stands, Senate legislation would body mentioned the need for a Federal ment would only guarantee one, not provide loan guarantees for up to half of the loan program of this type or a loan six, plants during the next 10 years. It construction costs of new nuclear plants. guarantee program of this type. If the Senate wants to encourage nuclear also assumes that it would cost about Second, I do not believe that shifting power plant construction, it should find half as much as Seabrook and the financial risk of constructing these means to do so that don’t risk such a high Shoreham did two decades ago and that plants from industry to the Federal price to the [American] taxpayer. it would still be able to operate after a Government or to the taxpayers is I don’t believe my colleagues should default. Under these assumptions, CBO sound public policy. guarantee these loans, and that is what has concluded that the loan guarantees For most of the last century, utili- we are doing. They wouldn’t do it with would cost in the range of $275 million ties built powerplants in this country, their own money, so we should not for the one plant. whether nuclear or non-nuclear plants, allow the Federal Government to do it The Nuclear Energy Institute takes under what is called the regulatory with taxpayer money. strong exception to these Congres- compact. Utilities were State-regu- I commend and applaud the sponsors sional Budget Office conclusions. NEI lated monopolies. They accepted an ob- of the amendment, the Senator from doubts the industry will default on its ligation to serve everyone in their Oregon and the Senator from New loans. It believes CBO’s estimate is service territories at State-set rates. In Hampshire. I hope their amendment based on noncredible, illogical assump- return, they were shielded from com- will pass. tions and that the CBO estimate is un- petition. They were guaranteed recov- The PRESIDING OFFICER. The Sen- realistically high. ery of their prudently incurred costs ator from New Mexico. So we have experts on all sides of plus a reasonable profit. Mr. BINGAMAN. Mr. President, let this issue. The debate is important, but The regulatory compact has largely me speak briefly also in support of the I do think it glosses over some of the been abandoned in this country during amendment by Senator WYDEN and fundamental questions: Does this nu- the last couple of decades. It has been Senator SUNUNU. This is an amendment clear power industry need these loan replaced by deregulated, competitive, I offered in the committee markup guarantees at this point? Is guaran- wholesale electricity markets. So in- with Senator WYDEN. We were not suc- teeing the nuclear power industry’s stead of wholesale electricity prices cessful at that time, obviously. I con- loans sound public policy? On both of being set based on the utility’s cost of gratulate both sponsors of the amend- those issues, I believe the preponder- production, they are now being set ment for offering it again here. ance of the argument is on the side of more by the market, and title XI of the Clearly, I am not opposed to the the Wyden-Sununu amendment. I do bill before us is intended to further building of new nuclear powerplants. I not believe loan guarantees are nec- these developments. believe nuclear power makes a very essary in this magnitude at this time. Giving Government loan guarantees major contribution to our energy This is a mature industry. We have of this magnitude to one segment of needs. It supplies about 20 percent of been building nuclear powerplants in the utility industry—indeed one of the our Nation’s electricity today. It does this country for nearly half a century. better financed segments of the indus- so safely. It does so reliably. It does We have over 100 nuclear powerplants try—I think unduly interferes with the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.013 S10PT1 S7582 CONGRESSIONAL RECORD — SENATE June 10, 2003 free market. It runs counter to efforts new energy sources and new energy re- are exactly the right size or targeted to to establish competitive electricity serves, and that is why I supported ex- the right areas, but I give him a lot of markets in this country. ploration in the northern slope of Alas- credit for focusing on strengthening In a competitive market, utilities are ka. our nuclear power industry. I simply do supposed to decide whether to build At the same time, we need to be care- not believe this kind of a guarantee is new powerplants by weighing the eco- ful that our energy policy is not about right for any industry. Equally impor- nomic risk involved against the eco- trying to pick winners and losers in the tant, perhaps more important, I do not nomic reward they might receive. Loan energy markets; that we not digress to- believe this kind of a taxpayer subsidy guarantees skew the market by shift- ward a subsidy ‘‘arms race.’’ We heard is right for the men and women of our ing the risk to the taxpayers while people argue if we give a subsidy to nation who are working long and hard, keeping the rewards for the utility this industry, we should give it to an- sending their taxes to Washington, and shareholders. other, tax credits there or how about a expecting them to be used fairly and We have had this debate before, 50 subsidy here. We should not have a sub- equitably. years ago, at the dawn of the nuclear sidy ‘‘arms race’’ where we burden the There is a lot of uncertainty in the era. The House and Senate debated taxpayers because that is who is pay- energy markets and in the nuclear whether nuclear powerplants should be ing for all of this policy, giving out power industry in particular, and we built and operated by the private sec- subsidies to industries that are favored can ask the question why are not more tor or by the Government. The decision at a particular point in time. And we plants being built, why have we not was made to leave the construction and certainly should not single out an in- had a new plant licensed in over 20 operation of nuclear powerplants to the dustry, as unfortunately a portion of years? I think the answer can be found utilities, to the private sector. this bill does, for an unprecedented in the uncertainty and the risk created The Federal Government encouraged loan guarantee, unprecedented tax- by the regulatory markets, created by support of the utilities through nuclear payer guarantees for the construction the litigious society that we live in and research programs, through fuel sub- of new powerplants. Whether this is the fact that the licensing process can sidies, and through indemnification targeted at the coal-fired electricity be brought to a dead halt time and against accidents. It did not use loans industry or natural gas-fired plants or, again. Whether or not we have the or grants or loan guarantees. as in this case, nuclear plants, I think technology that would allow us to The Federal Government’s faith in it is questionable public policy to pro- build a nuclear powerplant for $100 mil- the utilities 50 years ago was justified vide such loan guarantees. as the more than 100 nuclear power- lion or $500 million versus $2 billion, We are putting the taxpayer at risk, this uncertainty is enough to discour- plants operating today attest, and we and we can call five different econo- should continue to have faith in the age capital markets from lending to mists to try to estimate the size and the large private companies that are free market today and not subsidize scope of that risk, but the provision of the next generation of nuclear power- engaged in the nuclear power industry. the bill we seek to strike allows the I think we will not find private re- plants to this extent by shifting eco- Secretary of Energy to provide loan nomic risks from utility shareholders sources being attracted to the nuclear guarantees for up to half the cost of up industry, and we should not find tax- to the taxpayers. to six plants. That is 50 percent of the payer resources subsidizing the indus- I urge colleagues to support the cost for six plants, each perhaps cost- try, until something is done about that amendment. I yield the floor. ing between $2 billion and $4 billion. uncertainty and that regulatory com- The PRESIDING OFFICER (Mr. That is a $10 billion to $15 billion sub- plexity. VOINOVICH). Who yields time? The Sen- sidy. ator from New Hampshire. The Congressional Research Service, We have an interest rate environ- Mr. SUNUNU. Mr. President, I thank which is about as nonpartisan as you ment right now that benefits anyone my colleague, the Senator from New can get, states that the maximum Fed- building anything just about anywhere Mexico, Mr. BINGAMAN, for his com- eral cost will be in the range of $14 bil- in our country, the lowest interest ments and his very well-reasoned argu- lion to $16 billion in 2002 dollars. The rates in 40 years. That is about as big ment on behalf of our amendment. Congressional Budget Office states that as an incentive as one could possibly As I indicated in my earlier com- the risk of default on these guarantees have for undertaking new construction ments, this is part and parcel of a de- would be quite high, well above 50 per- projects. I certainly do not believe we bate as to what an energy policy really cent. need to put the taxpayers on the hook should be in our country. I support a It is difficult to forecast risk. It is in order to provide even more incen- number of initiatives that I think difficult to forecast cost. Whether tive. would help ensure access to stable, reli- these were guarantees for 25 percent of We are reaching out trying to protect able sources of energy for our country’s the cost or 50 or 100 percent or for one the taxpayers, trying to do the right economy so it can continue to grow. plant or for 71 plants, my concerns and thing, I think trying to make this bill That means conservation, and we just I think the concerns of the Senator better and trying to set a good prece- had an amendment that sets a target of from Oregon would still be the same: dent. Again, I thank RON WYDEN, the conserving some 1 billion gallons of this sets a bad precedent in singling Senator from Oregon, for his work. We gasoline in our automotive industries out one industry for this type of a con- have bipartisan support for this amend- over the next decade. struction loan guarantee. It sets a bad ment, three Republican and three Dem- We also need to make sure we have precedent because in all likelihood ocrat cosponsors. As we move toward a good, sound infrastructure for trans- other areas of private industry would, vote, I think we will see bipartisan supporting electricity or natural gas in the long run, seek to be treated in port for the amendment. across State lines and around the coun- the same way. Of course, it sets a bad Again, I thank the chairman of the try. We want a good strong electricity precedent in that it is an unprece- committee for being thoughtful enough title. That has been the effort and the dented sum, an unprecedented guar- to work with us so we could get a con- work of the Energy Committee. We antee. sent agreement to bring this amend- need to make sure we streamline and I would very much like to see a ment up today, to have a fair and reduce unnecessary regulations. I will strong and revitalized nuclear indus- thoughtful debate, and to be able to come back to this point shortly, but try, and I credit the chairman of the have a straight up-or-down vote on the that is one of the real problems the nu- Energy Committee for focusing on this amendment at the conclusion of the de- clear industry faces right now: uncer- issue in his bill, extending Price-An- bate. I reserve the remainder of our tainty due to complexity in the regu- derson, investing in basic research, time. latory environment where the process physics and nuclear technologies, and I yield the floor. of building or licensing a plant can be pushing forward scientific and research The PRESIDING OFFICER (Mr. halted multiple times throughout the initiatives that he has included in the CRAPO). The Senator from New Mexico. licensing process. bill. Mr. DOMENICI. Mr. President, I won- Of course, I believe, as I hope most I disagree on some of the slight nu- der if I might speak with the distin- Americans do, that we need access to ances of those provisions, whether they guished Senator from Oregon about the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.051 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7583 final vote. We are wondering, from our floor of the Senate, I was known as the nuclear power as a potential reservoir side, for no reasons other than time— person who handled the budget for the of new sources of energy which are not the more time we have left, the more Senate. That is where I had the luxury available by other means. we might get done—whether we might and privilege of meeting the distin- He continues: I think that we ought be able to vote at 3:45 instead of 4:15, guished Senator, who opposes me on to be spending more money and more saving half an hour. We would be de- the floor, Mr. WYDEN, and many others time looking and contemplating the lighted to not ask the Senator to give who serve with me. In fact, that is issue of nuclear power since natural up very much of that time but I wonder where I became a very good friend of gas is a serious problem. if he would consider a consent agree- the distinguished majority leader of This morning I happened to hear a ment for 3:45, which will give us, in- the Senate, who served, as the Senator talk show with typical Americans call- stead of our hour, 40 minutes, and what might recall, on that Budget Com- ing talking about energy. It was rather is left would belong to the Senator, or mittee way down at the end of the Re- nice to hear people from Oklahoma 35 minutes. Would that be fair enough publican side. One of the Senators who City, from somewhere in Tennessee, for the Senator? served for most of that time, that the California, Oregon, obviously average Mr. WYDEN. I want to be accommo- Senator from Oregon will recognize and citizens who were calling in on a radio dating to the distinguished chairman remember, was probably one of the show asking questions. Most questions had to do with, why don’t we have of the committee. Let me spend a cou- most astute and knowledgeable Sen- more natural gas? Finally someone ple of minutes looking into it. ators who we have both had the luxury asked, aren’t there other things we can Mr. DOMENICI. Sure. of knowing. We might both put some use? What about nuclear power? Of Mr. WYDEN. I will try to ascertain other attributes along with those but course, as one might suspect, the an- how many Senators on our side of the he was that, and that was Senator proposition would like to speak, but swers were rather muddled. Gramm of Texas. The real question now before this in- the Senator has always been fair. One day I was exploring a matter stitution is, can nuclear power, held in Mr. DOMENICI. Let’s not agree. with the Senator from Texas. I said: abeyance for about 14 to 16 years in the Let’s put that before them as a possi- Senator, you know I have been on this United States while Japan built new bility. Right now we are exploring the Budget Committee for so long, and I facilities, the country of France is 80 notion of voting at 3:45 instead of 4:15. am thinking about moving over to the percent dependent upon nuclear power, If we did that, we would allocate the Energy Committee where I have been a little country like Taiwan, which is time away from each hour in order to in the second position for all of these booming, is currently constructing two get there. In the meantime, we will years. You are from Texas and I no- facilities with General Electric engi- both ask our cloakrooms if there is any ticed you never did bother to even get neering and design—I cannot recall the problems with any Senators. The Sen- on the Energy Committee. name of the contractor. And the United ator from Oregon will do it on his side He said: Yes, that is right. States sits with everybody saying it is and I will do it on mine. I said: Why is that? almost impossible. With the expo- Mr. President, I assume I can speak Listen carefully. He said: Senator nential growth in electricity needs, at this point; I have the floor? PETE, energy is one of the most dif- where we all expect to use natural gas The PRESIDING OFFICER. That is ficult things to do anything about, in the burners, to create the heat and correct. nigh on impossible to effect by law any electricity, it is nearly impossible that Mr. WYDEN. Would the distinguished real policy regarding energy, if you are we will have enough natural gas. It is Senator yield? talking about advanced policy that has not a question of whether we have a lot Mr. DOMENICI. I would be pleased to any impact. of it. It is a question that we do not use yield. I said: Well, Senator Gramm, I might anything else because we are fright- Mr. WYDEN. I think we may need to agree with you but—and before I could ened to death of using anything else. go to 4 rather than 3:45, but I will try finish he said: However, I would like to Some in this country, a small group, to accommodate the distinguished correct that and say one thing to you. have scared us to death about nuclear chairman. We will spend some time Now, this was 5 years ago. power. When we add up all the energy checking his desire to move the legisla- Senator DOMENICI, there is indeed a produced by nuclear power in the tion, which has transcended any par- probability that you can do something world, including the terrible accident ticular amendment, and we are anxious if you take over the Energy Com- in Russia, which was attributable to a to accommodate. mittee, and I tell you for sure there is very old-fashioned nuclear powerplant Mr. DOMENICI. For the benefit of only one thing and that is to reestab- that we would not dare license in the Senators who would like to speak, lish nuclear power as an option for America, add these together and nu- Senator ALEXANDER has indicated a de- these United States and the world. clear power has been safer than any of sire to speak for a few moments. He is I wish he were here. I am not quoting the other power sources combined—be here. Senator VOINOVICH, who occupies him exactly so do not put it in quotes, it coal or any other—save and except the chair, desires to speak; Senator but he would remember that. for energy produced by dams. I am LANDRIEU, from the other side of the When I decided to take this job and speaking of large quantities. Certainly, aisle, desires to speak. Senator INHOFE give up the Budget Committee, I re- if we speak of windmills, we speak of and Senator LARRY CRAIG. membered that and I even told my solar, we can produce clean energy. I say to all of them, if they would let wife, when discussing at home my next Having said that, the issue before the us know through the cloakroom, we few years in the Senate, that some Senate today is, do we want to support will try to put some times opposite pretty good people think I am taking a committee that put together a bill their names. We will be using 4 as kind on a committee that does not have a that said, fellow Americans, the time of our scheduling time to see what we lot of potential because energy is too has come to quit playing around with can do about setting up a time. tough to legislate and make policy energy and do something about a myr- Would the Senator from Tennessee about. It just sort of happens, except iad of sources. And to say, wherever like to speak at this time or would he for that rascal nuclear power. you can, we are going to produce more rather that the Senator from New Mex- Well, he said it. He may not be right energy. ico speak for a few moments? but I am trying to prove him right in We have tried to produce or cause to Mr. ALEXANDER. I will listen to the this debate today and in this Energy be produced every natural gas source Senator from New Mexico. bill that we are going to try to finish we know of that had impediments. If it Mr. DOMENICI. I thank the Senator. this week, perhaps with 1 additional was too deep, we gave it a benefit of I will try to be brief. week. some sort so it could get taken out, My colleagues know I have been in On May 21 of this year, Alan Green- anyway. If it was too far away in the the Senate 31 years and that for the span, speaking to the House Energy ice lands of Alaska, we gave those com- better part of that time I spent my Committee, said: If we’re going to con- panies something so they could get it time on energy matters but prin- tinue to expand our energy base, we’re down here. If it is coal, we said sub- cipally, from the standpoint of the going to have to be starting to look at sidize.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.055 S10PT1 S7584 CONGRESSIONAL RECORD — SENATE June 10, 2003 They are talking that we should not and it will be there for as long as 50 Mr. DOMENICI. I yield to him and be granting a loan guarantee, presum- years, if that is what is needed by the then to the Senator from Louisiana. ably at market value, to a first-class French scientists to find out how to Mr. ALEXANDER. I would like about company that might want to take a put it away or how to reuse it. 5 minutes. risk at building a powerplant. They are Here we sit fooling around because Ms. LANDRIEU. Fine. saying we should not do that. But when somebody convinced us we ought to be- The PRESIDING OFFICER. The Sen- it comes to coal, we are going to spend come immobilized, when it comes to an ator from Tennessee. over $2 billion on pure research to try alternative, until we have a hole in the Mr. ALEXANDER. Mr. President, I to get to that miracle place of clean ground so deep, so big, in such hard rise in support of the chairman in op- coal. rock that we can figure out, way in ad- position to the amendment. We did not say, my, you just should vance, a way to put the waste in it and In 1987 our family, which included not put your tax dollars in a big waste. monitor it with calculators and say to three teenagers and a 7-year-old, vis- Last but not least, while our oppo- America and the world: We just mon- ited the Peace Park in Hiroshima, nents will find this is not relevant, we itored it, and we can tell you there will Japan. We thought twice before we already have a subsidy for wind energy, be no radiation for 10,000 years. took our children there because it is those 50-foot-tall windmills. Without That is the test because we want to such a staggering experience to see the new one contemplated to be added be so careful we don’t hurt anybody what happened on that August day in to this bill, that has the potential of ever. The test of the technology that is World War II when the atomic bomb producing 245,000 windmills, equivalent going to have to monitor that—and was dropped. source of energy. The powerplants we you can hardly draw the plans, it is I marvel even more that today contemplate lending money to, or of- such an absurdity—is 10,000 years. Japan, because it knows of the impor- fering a loan guarantee, the same Having said all that, we are back to tance of energy, now relies on nuclear amount. Guess how much the taxpayer a simple proposition: Do you or do you energy—the same process that wiped will have given if that occurs. Thirty- not want to let the Energy Committee out half the lives in Hiroshima—for one billion is the direct source for go to a conference with the House and peace, for the peaceful production of those windmills. to take with it a bill that says: All the electricity for homes and jobs for about Now, the opposition to ours might rest of these energies get their help: 80 percent of their electric needs. They say, but you are going to get wind- Biomass gets its assistance, coal gets are producing about one new reactor a mills. When you say to the American its help, the renewables are helped im- year. power industry, if you want to come measurably with tax assistance, every In France, as the chairman said, along and try to build a new nuclear single thing we know how to do to about 80 percent of the electricity, I be- powerplant, modern type, you have to produce more oil and gas is done— lieve, is produced by nuclear power. We go get your money, you have to take right? have about 100 ships in our Navy that Ms. LANDRIEU. Right. all the risks, and we will underwrite operate with little nuclear reactors. Mr. DOMENICI. I could go on and on. half of it with a loan, they would have Yet, for some reason, over the last 30 That is all going to be there. But also us say that is a terrible risk even if it years we became afraid to start a new in the event—and I am looking for the is only $2 billion to $5 billion. But that nuclear powerplant. I guess we became language in the statute as to when the $31 billion that might occur for wind- so accustomed to abundant supplies of Secretary can issue these—we have mills is not? Of course, the windmill is coal and oil and relatively cheap gaso- statutory language that says, very not a risk, but it certainly is throwing line that we thought it would last for- simply—and I will read it and close: your money at something that most ever. But I think we have gotten over Subject to the requirements of the Federal that. At least it is time for us to get Americans would wonder seriously Credit Reform Act [et cetera, et cetera, et about. cetera], the Secretary may, subject to appro- over that and to break away from this Having said that, this Senator is not priations, make available to project devel- national attitude that, since the 1970s, against any of the sources. I think we opers for eligible project costs such financial has kept us from starting a new nu- will win today. When we win, we will assistance as the Secretary determines is clear powerplant. go to conference eventually and come necessary to supplement private-sector fi- Why not nuclear? That is the ques- out with a major new impetus for nu- nancing for projects if he determines that tion we should be asking. We have clear power in this country. For the such projects are needed to contribute to en- heard the testimony of the terrible first time somebody is going to say, let ergy security, fuel or technology diversity, price increases in natural gas and the or clean air attainment goals. The Secretary us build one or two new nuclear power- shall prescribe such terms or conditions for projections that we have a really seri- plants. And the greenhouse gas issue financial assistance as the Secretary deems ous problem with continuing natural that has been raised will not be there necessary. . . . gas prices. because there is no pollution from That then is provided as up to 50 per- This Senate voted not to go explore those two plants that I have just decent of the cost, by way of a loan. for more oil in Alaska. scribed, if they come into being—none. Frankly, it is all a question of risks. Windmills are promising, but the Zero. Absolutely clean. It is not a question of philosophy. It is promise of 245,000 of them to produce 2 We are going to have to find some not a question of whose party wants to percent of our energy and to see them way to take care of the waste someday. get on what slope, a slope of entrepre- all over our deserts and ridgetops— If we want to have a debate here today, neurship or a slope of guaranteeship. there is some limit to what windmills or next week, on the waste, suffice it to All of that is meaningless. What this is will be able to do for us. Coal produces say that the United States has scared about is: Is it worth this little risk we half of our electricity, but it produces herself silly about waste. Waste is are speaking of—to get what I just de- carbon and it produces pollution and nothing but a technical problem. If you scribed going again for America? we have not yet quite developed the want to go see all the waste in France, I say, overwhelmingly, absolutely, clean coal technology we all want. get a ticket and go to a city, ask them positively, yes. I do hope, come that Nuclear power more and more seems where it is, and they will take you to a vote time, there will not be 50 Sen- to be imperative. So what are we doing building, and you can go see it all. ators, or half of those who vote today, about it in this bill? We are basically You might say: Who would want to who will say we want to strike this and adding nuclear to the arsenal of weap- see it? kill this opportunity for America. ons we want to use to make ourselves They will just take you to a building With that, I will yield the floor to less dependent on foreign oil and more that looks like a schoolhouse. You Senator ALEXANDER for his time. likely to have clean air and a cheap walk in and say: Can I see the waste? Senator LANDRIEU, are you on some and abundant supply of electricity. And they will say: You are walking on time frame that is urgent? It is said that we are subsidizing the it. They will say: Just take a look Ms. LANDRIEU. I can yield to the idea of nuclear power. In a way we are: down. Senator from Tennessee. He was here, A new type of advanced nuclear power- You look down. It looks like glass, of course, prior to my arrival. How plant that has the promise of building and there sits the waste, encapsulated, much time would he like? plants for $1.5 billion—much cheaper,

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.057 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7585 much more efficient, safer, to start up United States doesn’t need to move gas production will grow by only 14 that industry, to stimulate it. But we backwards as this amendment would percent. are doing exactly the same thing as the suggest. We need to move very quickly The CEO of Dow Chemical recently chairman said with wind power. We are in the other direction. We need to build wrote that the chemical industry—the doing exactly the same kind of thing 1,300 new powerplants in this Nation, Nation’s largest industrial user of nat- with clean coal technology to the tune which is the equivalent of 60 to 90 new ural gas—is particularly vulnerable to of $2.2 billion. We are doing exactly the powerplants per year to keep up with high natural gas prices. same thing with oil and gas, and $2.5 the increased demand of electricity. To remain an economic leader we billion is in the bill for that. Why? Because our economy is more must promote a diversified and robust This morning, we talked about put- productive; because technology is de- energy mix, including the full range of ting a Presidential emphasis, thanks to manding it; because good, old Yankee traditional and alternative energy the Senator from Louisiana, on con- know-how makes it crucial that we sources. servation. We need to add nuclear to provide our businesses with electricity Nuclear energy is also vitally impor- our list. The larger question would be, and with power. If we don’t give them tant for our environment and our Na- Why would we keep it out? Why would power, they can’t operate. If we don’t tion’s clean air goals. Nuclear energy is the Nation’s larg- we encourage every other form of en- give them power that is reliable and af- est clean air source of electricity, gen- ergy and not nuclear energy? fordable, then we will lose jobs to our erating three-fourths of all emission- I strongly urge that we keep in this international competitors. It is as sim- bill nuclear power as an option for our free electricity. ple as that. We need everything and Nuclear energy will be an essential future. There will be great discussions more, everything we thought of and in this body about carbon and the con- partner for future generations of Amer- more than we thought of. icans, whose reliance on electricity cern of greenhouse gases. Nuclear Nuclear is a very important compo- power is carbon free. It is carbon free. will increase and who rightfully will nent of that. The amendment’s authors demand a cleaner environment. There will be a lot of talk about our de- argue that this is a subsidy. It is not a pendence on oil. The most reliable and Just this past Sunday, the Wash- subsidy. It is a loan guarantee. It is our ington Post highlighted the problems largest opportunity to replace oil in intention that these loans be fully paid the next 20 years is nuclear power. that the Shenandoah National Forest with interest. We do this. There are 100 now faces with pollution. Think how There is a lot of talk about the worry examples in the Federal rule book of natural gas prices. The best way to much worse our Nation’s air pollution where we do this. We want to encour- would be if nuclear energy did not gen- keep natural gas prices under control age the development and movement in is to have an alternative. That would erate one fifth of our electricity. a certain way. We can give loan guar- To preserve our current levels of be nuclear power. I strongly urge my antees, and we have done it time and colleagues to vote no on the amend- emission-free electricity generation, again. It is time we do it for the nu- we must build 50,000 megawatts of new ment. clear industry to keep them moving in I yield the floor. nuclear energy production by 2020. The PRESIDING OFFICER. The Sen- the right direction. In addition to providing the largest Let me say to the chairman that I ator from New Mexico is recognized. source of emission-free electricity, nu- Mr. DOMENICI. Mr. President, I ask went down to Louisiana. We have two clear energy possesses the most viable unanimous consent that the vote in re- nuclear powerplants. Seventeen per- solution to our over reliance on foreign lation to the pending amendment occur cent of Louisiana’s fuel is nuclear. As oil, i.e., the potential to someday co- at 3:50 with the remaining time to be the chairman knows, one out of five generate hydrogen as a clean transpor- divided with 20 minutes for the pro- has the clean benefit of nuclear power. tation substitute to oil. ponents and 10 minutes under the con- My producers of natural gas said to The Wyden amendment will hurt our trol of the opponents. me, Senator, please go and fight for nu- Nation’s long-term economic, environ- The PRESIDING OFFICER. Is there clear energy. If we don’t get more en- mental and security goals if passed. objection? ergy into the marketplace, the de- Building a windmill that has a gener- Without objection, it is so ordered. mands on natural gas will become so ating capacity of 2 megawatts should The Senator from Louisiana. high that we cannot pay our gas bills, not be compared to building a nuclear Ms. LANDRIEU. Mr. President, I and it is driving our industry to its power plant that produces 1,000 thank the Senator from New Mexico. I knees. They said, Senator, please go megawatts or more. will take 3 or 4 minutes. I understand and fight for an increase in all sources, I agree with my ranking member that the Senator from Alabama would including nuclear. that the nuclear industry is mature in like to speak in opposition to the Nuclear energy currently generates the sense that it has been safely, effi- amendment as well. electricity for one in every five homes ciently, and effectively producing elec- In all due respect to my colleagues and businesses. tricity for several decades. But we have who are offering this amendment to It is important not only in Lou- not brought a new nuclear plant on strike this very important provision isiana, where two nuclear plants line in this country for over a decade from the bill, I wanted to come to the produce nearly 17 percent of my State’s and a new project will face some uncer- floor to strongly disagree and to add electricity, but also in States such as tainties. my voice at the outset of the debate Connecticut, Illinois, New Hampshire, The costs of the first few plants will and on the points which the chairman New Jersey, South Carolina, and be higher than those that are built of the committee brought to the fore Vermont where nuclear generates more later. Because the business risks will on this very important part of the En- electricity than any other source. be greater for the initial few projects, ergy bill. Nationwide, 103 reactors provide 20 financing will be more difficult to ob- I wish to begin by saying that our percent of our electricity—the largest tain. That is why the Federal Govern- Nation has 103 nuclear powerplants. source of U.S. emission-free power pro- ment needs to step in and provide an The nuclear industry provides 20 per- vided 24–7. incentive to allow the industry to get cent of our electricity. I don’t believe Nuclear energy is one of the most over that hurdle. we will strip the Energy bill of this competitive sources of energy on an Some rather large numbers have been provision, but if we did, we would jeop- operational cost basis. thrown around as to the costs of this ardize the reliable and affordable While I strongly support the use of provision. Were theses numbers accu- source of electricity that this Nation natural gas for our energy needs, we rate, I would share the concerns voiced needs to stay competitive in this world cannot rely, as we have in recent years, by my colleagues. economy. on any one source of energy to meet The construction costs as derived by It will cost jobs and cause hardship. our Nation’s increasing electricity de- CBO would be $2,300 per kilowatt of ca- People would lose their jobs with this mand. pacity is inconsistent with current cost amendment. Over the next 20 years, U.S. natural incurred by other nations building I am not sure my colleagues are gas consumption is projected to grow similar types of advanced nuclear reac- aware that over the next 20 years the by over 50 percent while U.S. natural tors.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.060 S10PT1 S7586 CONGRESSIONAL RECORD — SENATE June 10, 2003 According to a detailed cost analysis to have to pay twice as much. We can support for nuclear energy and for developed by industry the first few meet that demand without any air pol- being totally consistent in the posi- plants will cost less than $1,400 per kil- lution by expanding nuclear power. tions he has taken. owatt hour and will later fall to less There are 29 nuclear plants being I want to argue against hypocrisy. than $1,000 per kilowatt hour, making built around the world. France gets 80 An environmental group handed me a nuclear plants very competitive with percent of its power from nuclear sheet of paper a while ago. They are the costs of other technologies. power. Nearly 50 percent of Japan’s very much against subsidies. As it My colleagues who are opposed to power comes from nuclear power. turns out, a subsidy for nuclear energy these loan guarantees are assuming We have not built a nuclear plant in would be very bad. They are right that a new nuclear plant could rise to America in 20 years. It is time for that about arguing against subsidies. That costs over $3,800 per killowatt, based on to change. Twenty percent of our elec- is why I am going to support this questionable CBO projections. tricity comes from nuclear power pro- amendment. In addition my colleagues also fail to ducing no adverse environmental im- But all of the environmental argu- mention that the Secretary of Energy pacts to the atmosphere. ments I have seen have been for sub- will be required to use stringent cri- I would like to read what we save for sidies when it comes to ethanol, solar teria to provide loan guarantees. the atmosphere by having nuclear power, biomass, wind energy, and you I concede that we probably don’t power. A recent study showed that nu- name it. The point here is that we know what the exact cost will be, but clear energy has prevented the release ought to be consistent. If you think the economic, environmental, and se- of 219 million tons of sulfur dioxide, 98 subsidies are a wonderful idea for these curity benefits of investing in new nu- million tons of nitrogen oxide polluted other things, then maybe you ought to clear plants for our future generations in the atmosphere, and prevented the support the loan guarantee for this ad- are many and great while the financial emission into the air of 2 billion tons of ditional method of producing power. risk to the public sector is by compari- carbon dioxide. That is considered by But if you think subsidies are wrong, son rather small. Let’s give this idea a some to be a global-warming gas. We then you shouldn’t support them for chance. can stop that. We may have offset the anything. In conclusion, I urge my colleagues effects of carbon dioxide already by As the chairman of the committee to vote against the Wyden amendment. producing 20 percent of our energy with knows, I opposed all of these subsidies And I thank the chairman for all his ef- nuclear power. in the Finance Committee. I will offer forts in helping to promote a vital We have to include a provision like amendments again to try to strip them source of energy and for helping to this in the bill. Last year, I introduced out of the finance part of the bill when pave the way towards improving our a bill that would provide a tax credit, it is added to the Energy bill on the Nation’s energy security. similar to that for renewable energy, floor. I strongly oppose the amendment on for the production of nuclear energy. I wish to make the point that if you the floor to strip the provision in this The tax credit would have cost only want to be hypocritical—I am talking bill, and I support the chairman’s one-fifth the amount of tax credits about these organizations and not mark. that other forms of clean energy re- Members of the Senate—then fine. Op- Mr. DOMENICI. Mr. President, how ceive, and it would have encouraged pose this subsidy for nuclear and con- much time does the Senator from New the production of a steady, reliable tinue to support it for all of the rest. Mexico have? source of energy. The provision in this But if you want to be honest about it, The PRESIDING OFFICER. Six min- bill likewise encourages nuclear en- like the chairman and I, though we utes. ergy, and I support it. I reject the no- have come to a different conclusion, Mr. DOMENICI. I yield 3 minutes to tion that there would be a high rate of but at least the chairman has been con- the Senator from Alabama. default on these loans. I have studied sistent and I hope I have been con- The PRESIDING OFFICER. The Sen- nuclear energy and I have visited sistent. ator from Alabama is recognized for 3 plants. These loans are needed to pro- I oppose these subsidies, even for minutes. vide the nuclear industry a small in- those sources of energy which I think Mr. SESSIONS. Mr. President, I wish centive to take a big step towards con- are critical for this country to con- to express my deep appreciation to structing a plant. We need to go to continue to develop, and that includes nu- Senator DOMENICI. He, more than any ference with it. If we do, I would be clear energy. other person in this body, understands willing to work with Senators who op- I support the amendment in order to what role nuclear power must play in pose this. But I think we have to have remain consistent in opposing sub- America and in the world if we are to something in this bill that will allow sidies. maintain a clean environment and a us to encourage nuclear power. Not to The PRESIDING OFFICER. Who healthy energy source. In nations that do so would be a failure of incredible yields time? have readily available electricity in proportions. Mr. SUNUNU. Mr. President, I thank the world, compared to those that do I thank the chairman. I feel very the Senator from Arizona for his sup- not, the lifespan is twice as long. strongly about it. I thank Senator port for our amendment. I will pick up This is a matter of extreme impor- DOMENICI again for his historic leader- a little bit where he left off talking tance. We are trying to simultaneously ship that can lead us into a new way to about the issue of subsidies across a increase our power sources in America produce large sources of energy with- range of areas. and improve the cleanliness of our air out pollution costs to the environment. The distinguished chairman of the and protect our environment. The only I yield the floor. committee spoke earlier about the way that can be done is with nuclear The PRESIDING OFFICER. Who clean coal subsidy, the $2 billion in power. yields time? clean coal subsidy. He suggested that I feel very strongly about this. It is Mr. SUNUNU. Mr. President, I ask if supporters of this amendment also sup- important for America’s economy. the Senator from Oregon would yield 2 ported that subsidy. Alan Greenspan testified at the Joint minutes to the distinguished Senator I just want to be clear. I do not sup- Economic Committee last week and from Arizona. port $2 billion for clean coal. I have, in raised again the crisis that we are fac- Mr. WYDEN. Yes. my service in the House of Representa- ing in natural gas. Natural gas is a The PRESIDING OFFICER. The Sen- tives, opposed the clean coal tech- source for all new electric plants in ator from Arizona. nology program. In addition to that, I America today. We are driving up this Mr. KYL. Mr. President, first, I agree oppose the fossil fuel research and de- tremendous demand on natural gas. If with the comments of the Senator from velopment fund that is in this bill be- we drive up the cost for natural gas, as Alabama that we ought to be pro- cause they effectively provide a sub- we certainly will at the rate we are moting nuclear power. I am a strong sidy for research and development in going, homeowners are going to pay so advocate of that. I compliment the the areas of fossil fuel, areas where pri- much more for their heating. Busi- chairman of committee, Senator vate companies operate in a very prof- nesses that use natural gas are going DOMENICI, for being very strong in his itable and successful way.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.015 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7587 It is not to hold anything against provides incentives to enhance and ex- Mr. FEINGOLD. Mr. President, I am those fossil fuel firms or those coal pand our energy base and usher new ad- pleased to be a cosponsor of this firms, but it is to stand up for some of vanced-design nuclear power tech- amendment and want to detail the rea- the concerns expressed by the Senator nologies. It has been nearly 20 years sons for my support. The amendment from Arizona that we should try to be since a new nuclear plant has been strikes subtitle B of title IV of the bill, as consistent as possible in striking built. The safety and efficiency record the section on deployment of new nu- these unnecessary subsidies. of the industry over that time has been clear plants. This section would pro- The suggestion was made earlier on astounding. Through increased effi- vide new loan guarantees for the con- the floor—in fact, the statement was ciency, nuclear plants have increased struction of new nuclear plants. In ad- made specifically—that this loan guar- their clean generation of energy. The dition to providing the nuclear indus- antee program is ‘‘not a subsidy.’’ I re- increased electricity generation from try loan guarantees, the Senate Energy ject that out of hand. If this was not a nuclear powerplants in the past 10 Bill appears to also authorize the Fed- subsidy, then it would convey no ben- years was the equivalent of adding 22 eral Government to enter into power efit to those who sought the loan guar- new 1,000-megawatt plants in our Na- purchase agreements to buy power antee. And if there were no benefit, tion’s electricity grid. But with energy back from new reactors—potentially at then people should have no objection to demand increasing by at least 30 per- rates above market prices. removing it from the bill. But, of cent over the next 15 years, more gen- I think subtitle B goes too far and course, there is a lot of objection to re- eration will be necessary to meet our the amendment to strike is necessary moving this from the bill because there needs. As we look to the future, if we for several reasons. First, the bill is a big benefit to be gained by having are to meet those needs, provide sta- places no ceiling on these loans, mak- a federally subsidized loan guarantee bility in the marketplace, and ensure ing the Federal Government liable, ac- for the construction of new nuclear clean air, then we will have to continue cording to the Congressional Research plants. to expand our nuclear base load. Nu- Service, for between $14–$16 billion in It was also suggested that perhaps clear energy is America’s only expand- loan guarantees. this is an attack on nuclear power. Let able large-scale source of emission-free me close by reemphasizing that is sim- electricity. Second, I feel strongly that if private ply not the case. I support the Price- The Environment & Public Works investors are not willing to put their Anderson provisions in the bill. I sup- Committee—the committee of which I own money on the line to support new ported the effort to establish a long- have the honor to serve as chairman— nuclear plants, then the Federal Gov- term storage facility for nuclear waste has jurisdiction over the Nuclear Regu- ernment should not put taxpayers’ at Yucca Mountain that could be oper- latory Agency and I have been active money at risk either. Yet, under the ated for the long-term, safely for our in overseeing that agency, both as the provisions currently included in the utilities and energy industries. nuclear subcommittee chairman, and Senate bill, taxpayers would be re- In an effort to suggest this is an at- now as chairman of the full committee. quired to subsidize up to 50 percent of tack on nuclear power, the big guns In 1998 I began a series of NRC over- the cost of constructing and operating have also been rolled out: there’s been sight hearings. I did so with the goal of 8,400 megawatts of power. The Congres- a suggestion that Alan Greenspan, of changing the bureaucratic atmosphere sional Budget Office has estimated the all people, might somehow harbor some that had infected the NRC. By 1998, the risk of default would be ‘‘well above 50 support for this loan guarantee pro- NRC had become an agency of process, percent.’’ I feel that $14–$16 billion is a gram. Let me say, clearly, like Alan not results. I knew that if we were to lot of money to gamble on an invest- Greenspan, I am a proponent and sup- have a robust nuclear energy sector, we ment that has a 50/50 risk of failure. porter of the concept of using nuclear needed a regulatory body that was both Finally, as I have expressed in the power to help meet our energy needs, efficient and effective—and one in past, I am concerned that our current but I do not believe, for a moment, which the public could be sure that nuclear waste storage program is of in- that means Alan Greenspan is a sup- safety is the top priority. If the agency sufficient size to handle our current porter of federally guaranteed loans to was to improve it had to employ a nuclear waste problem. I do not think private industry. And if someone can more results-oriented approach—one it is wise to build more plants, when we produce testimony from Alan Green- that was risk-based and science-based, do not have enough storage for our cur- span supporting a Federal loan guar- not one mired in unnecessary process rent waste. Yucca Mountain is not au- antee program for private industry to and paperwork. I am pleased that in thorized at a size that is big enough to build nuclear powerplants, I will quite the last 5 years, we have seen tremen- take all of the current nuclear waste. literally eat my hat. I simply do not dous strides at the NRC. It has become Among the reasons that I opposed the believe that to be the case. a lean and more effective regulatory Yucca Mountain resolution was its in- I join with the Senator from Oregon agency. I have the utmost confidence sufficient size. I was concerned that my in support of this amendment to strike in the NRC ability to ensure that nu- home state of Wisconsin would go back one provision from this very large En- clear energy in this country is safe and on the list as a possible site for a large- ergy bill; and that will protect tax- reliable. scale nuclear repository. Constructing payers by preventing them from being We have all of the pieces in place to new nuclear plants does nothing to re- exposed to $14 or $16 billion in loan move to the next generation of nuclear lieve those concerns, and instead guarantees to private industry. I do power. If we are to meet the energy de- makes it more likely that we will have not think we need it. mands of the future and we are serious a growing nuclear waste problem for I look forward to a vote on this about reducing utility emissions, then which we will need a permanent stor- amendment. I certainly ask my col- we should get serious about the zero age solution, putting Wisconsin back leagues to support the amendment. emissions energy production that nu- at risk. I yield the floor. clear power provides. And that means I think this amendment makes fiscal Mr. INHOFE. Mr. President, I rise to that we should not be discouraging the and policy sense, and deserves the sup- oppose this amendment. Nuclear power development of new, safe nuclear tech- port of the Senate. is a clean, reliable, stable, affordable, nologies. Quite the opposite, we should and domestic source of energy. It is an provide the incentives and the assur- Mr. VOINOVICH. Mr. President, I essential part of this Nation’s energy ances in order to meet the energy rise in support of nuclear energy and in mix. And if we care about energy sta- needs of this country. support of the provisions in S. 14 that bility and the environment, then nu- The bill before us provides a sensible promote the use of this vital compo- clear power must play an important incentive for future nuclear power nent of our energy portfolio. role in our energy future. projects. Unfortunately, the Wyden/ Nuclear energy accounts for 20 per- I am a strong supporter of nuclear Sununu amendment will remove those cent of our electricity generation—one power and I want to commend Senator incentives—it is a step backward— in five American homes and businesses DOMENICI for his commitment to nu- away from long-term stable and clean are powered by nuclear energy. It is an clear energy in this bill. His legislation energy supplies. important energy source now, and will

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.066 S10PT1 S7588 CONGRESSIONAL RECORD — SENATE June 10, 2003 become even more important in the fu- ments that are required years before on the loans, and that there will likely ture—as we strive to meet growing en- they generate any returns—as opposed be no expenses to the Government. ergy demands while protecting our en- to natural gas generators that are rel- I applaud the work that Chairman vironment. atively inexpensive and easy to build. DOMENICI has done on these provi- As many of my colleagues know, nu- Without new interest in nuclear sions—all of these provisions—and I clear energy provides emissions-free power, our pool of qualified nuclear will oppose any efforts to strip them electricity—no emission of airborne workers is drying up. from the energy bill. pollutants, no emission of carbon diox- From 1990–95, the number of students I urge my colleagues to oppose the ide or other greenhouse gases. In fact, in nuclear engineering dropped by 30 Wyden-Sununu amendment. nuclear energy provides three-fourths percent. Mrs. FEINSTEIN. Mr. President, I of the emissions-free electricity gen- In 1975, there were 76 research reac- rise to support the amendment offered erated in the United States—more than tors on American college campuses— by Senators WYDEN, BINGAMAN, hydro, wind, solar and geothermal en- today there are 32. SUNUNU, and ENZI to strike the section ergy combined. Current estimates project that do- of the energy bill providing Federal President Bush has said many times mestic energy demand will increase by subsidies for the construction of new that energy security is a cornerstone of almost 50 percent by 2030. Without a nuclear plants. national security. He is right—and nu- significant effort to increase our nu- Title IV of the energy bill includes clear energy is a vital component of clear capacity—which must include loans, loan guarantees, and other forms our energy supply. construction of new nuclear facilities— of financial assistance to subsidize the Uranium—the fuel for our nuclear we will have no other choice than reli- construction of new nuclear power- fleet—is mined domestically and by ance on natural gas to meet that de- plants. many of our allies. mand, which will drive up the costs for In the past 50 years, California has Unlike oil, nuclear energy is not sub- both electricity and natural gas built 5 commercial nuclear power- ject to foreign manipulation. through the roof. plants and one experimental reactor. Unlike natural gas, nuclear energy The nuclear energy provisions in S. Today, just two of these nuclear power- does not have domestic shortages and 14 are essential to assure that nuclear plants are still operating in the State. importation problems. energy continues to thrive and provide The plants at San Onofre and Diablo Unlike wind, solar and geothermal its benefits to our Nation: Canyon are running at diminished ca- energy, nuclear energy provides highly Price-Anderson reauthorization: The pacity but still provide 4,400 megawatts affordable and reliable power. bill permanently reauthorizes the of power in California—close to a fifth Production costs of nuclear energy Price-Anderson liability protection of California’s energy supply. were 1.76 cents per kilowatt-hour that is so crucial to all nuclear facili- Impressive as these numbers may be versus 1.79 cents for coal and 5.69 cents ties. in terms of the power-generating ca- for natural gas in 2000. Advanced reactor construction: The pacity of nuclear energy, they tell only Plant capacity utilization exceeded bill will authorize construction of a part of the story of California’s experi- 90 percent in 2002—the fourth year in a new advanced reactor as a research ment with nuclear power. Of six nu- row that the industry set a record for test-bed using the very latest ideas de- clear powerplants built in California, output without building any new veloped in the Generation IV reactor four have been decommissioned due to plants. program. high operating costs and excessive risk. Nuclear energy is safe. Our nuclear Advanced fuel cycle initiative: Au- In the late 1950s, an experimental re- plants are the most hardened of any thorizes funding for development of actor at the Rocketdyne site in Ven- commercial structures in the country technologies to reduce the volume and tura County was shut down after a se- and have a superb safety record and toxicity of final waste projects, sim- vere meltdown. few, if any, industries have oversight plify siting for future repositories and In 1967, the Vallecitos plant closed its comparable to that provided by the recover fuel from spent fuel. doors after 20 years of operating be- NRC for nuclear plants. Federal loan guarantees: The bill cause its owner, General Electric, was Our nuclear Navy is a great example provides loan guarantees for new plant unable to obtain accident insurance of the safety of nuclear energy— construction in order to offset the due to the high risk of operating a nu- The U.S. Navy has safely traveled problems with new development that I clear power plant. over 126 million miles without a single mentioned earlier. In 1976, the Plant at Humboldt Bay reactor incident and with no measur- I want to spend just a minute on the shut its doors after 13 years of oper- able impact on the world’s environ- Federal loan guarantees that are the ation as a result of the discovery of a ment. subject of an amendment by Senator fault line near the plant that would Sailors on a nuclear submarine, WYDEN and Senator SUNUNU. have required millions of dollars in working within yards of a reactor, re- These loan guarantees are necessary seismic retrofits. ceive less radiation while on active to jumpstart construction on new nu- And in 1989, the Rancho Seco plant duty than they would at home from clear plants. In order to begin con- near Sacramento was closed by public natural radiation background. struction of a new facility, the nuclear referendum after 14 years of operation However, we must act now if we want industry needs to move into uncharted plagued by mismanagement that re- to preserve the benefits of nuclear en- waters—they need to go to investment sulted in cost overruns. ergy. bankers and say ‘‘I know that this is a Nuclear power is expensive and risky. The last license for a domestic reac- huge capital outlay, and that we Yet I believe that if private investors tor was issued in 1978—and the tech- haven’t built one of these facilities in are not willing to put their own money nologies used to power our nuclear 30 years, but we need to do this.’’ These on the line to support new nuclear plants are over 30 years old. loan guarantees will ensure that pri- plants, then the Federal Government Our industry has developed advanced vate-sector financing will be available should not put taxpayers’ money at nuclear technologies—and the NRC has for utilities that make the decision to risk either. However, under the nuclear licensed them—but new plants have move forward. subsidy provision in this energy bill, only been built overseas, not in Amer- My distinguished colleague from Or- taxpayers would be required to sub- ica. egon has stated that we are throwing sidize up to 50 percent of construction Our nuclear plants were built in a away good money on these ‘‘subsidies.’’ costs of new nuclear plants—costs that highly regulated market—where re- I must respectfully disagree. As Chair- CRS estimates to be in the range of turns on these investments were guar- man DOMENICI pointed out earlier, this $14–16 billion. CRS also estimates the anteed—not in today’s highly competi- is not a handout program. risk of default on these loan guaran- tive energy markets. These are loan guarantees—for up to tees to be ‘‘very high—well above 50 Nuclear plants present unusual risks 50 percent of the construction costs for percent.’’ to the financial community due to the a new facility—which means that the I strongly believe it is not in the pub- significant up-front capital invest- utilities will have to make payments lic interest for our Nation to subsidize

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.025 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7589 costly nuclear plants. Instead we The PRESIDING OFFICER. The pro- I wrap up this part of the discussion should devote more resources to the de- ponents of the amendment have 14 min- by making sure Senators are clear on velopment of renewable energy. utes 18 seconds; the opponents of the the distinction between nuclear power I strongly believe we should be doing amendment have 2 minutes 35 seconds. and various other sources of power more to encourage the development of Mr. WYDEN. Mr. President, if I could under this proposal. renewable power such as, wind, geo- engage the distinguished chairman of Under the way the Domenici legisla- thermal, and biomass, instead of pro- the committee, I would like to close tion is written, if you do not produce viding subsidies to an industry that has the debate. At this point, I believe the any wind, you get no direct subsidy. not built a new powerplant since the Presiding Officer said I have in the vi- But under the legislation as it stands 1970s. cinity of 14 minutes. I say to the Sen- today, if you do not produce any nu- Unfortunately, this Energy bill cur- ator, you have in the vicinity of 2 min- clear power, you get a subsidy. That is rently has an over-reliance on pro- utes. Would you like to speak now? as clear a distinction as we could pos- moting traditional energy resources, Mr. DOMENICI. No, I would not. sibly make. For all the other sources of such as nuclear power. Mr. WYDEN. Then I will take 5 min- power, if you produce nothing, no sub- The U.S. nuclear power industry, utes of our time at this point. sidy; for nuclear, if you produce noth- while currently generating about 20 The PRESIDING OFFICER. The Sen- ing, you get a big subsidy. The dif- percent of the Nation’s electricity, ator from Oregon. ference—what it all comes down to—is faces an uncertain long-term future. Mr. WYDEN. Mr. President, at that whether Senators believe that one par- No nuclear plants have been ordered point we have 9 minutes remaining? ticular source of power deserves cash since 1978 and more than 100 reactors The PRESIDING OFFICER. About up front and, in effect, putting tax- have been canceled, including all those 1 8 ⁄2. payers on the hook at the outset before ordered after 1973. No units are cur- Mr. WYDEN. Thank you, Mr. Presi- anything is produced. rently under construction. dent. On a bipartisan basis—three Demo- The nuclear power industry’s trou- Mr. President, a couple of arguments cratic Senators, three Republican Sen- bles include high nuclear powerplant need to be addressed at this point. The ators, and an Independent—we think construction costs, public concern Senator from Louisiana, Ms. LANDRIEU, that is unwise. about nuclear safety and waste dis- just recently said the Wyden-Sununu Mr. President, I reserve the remain- posal, and regulatory compliance costs. provision would, in some way, jeop- Controversies over safety have dog- der of my time. ardize the reliability of power and cost The PRESIDING OFFICER. Who ged nuclear power throughout its de- jobs today. That is simply not correct. velopment, particularly following the yields time? No plant that is operating today—not Mr. DOMENICI. Mr. President, I have March 1979 Three Mile Island accident one—would be affected by this amend- in Pennsylvania and the April 1986 been asked because of other people— ment, and not a single job in America not me—that we commence this vote Chernobyl disaster in the former So- would be lost. Now, with respect to viet Union. These events shaped much at 3:45. I ask unanimous consent that jobs of the future—and I think this is be the case. of our opinions about nuclear power. important to note—if you look at the Safety continues to raise concerns Several Senators addressed the official figures of the Federal Govern- today. In a recent example, it was dis- Chair. ment—these are supplied by the En- covered in March 2002 that leaking The PRESIDING OFFICER. The ergy Information Agency—the fact is, boric acid had eaten a large cavity in unanimous consent request has been the top of the reactor vessel in Ohio’s you can build four or five gas-fired made. Is there objection? Davis-Besse nuclear plant. The corro- plants for the cost of one nuclear facil- Mr. WYDEN. Mr. President, reserving sion left only the vessel’s quarter-inch- ity. That is, again, not something just the right to object. thick stainless steel inner liner to pre- made up. Those are the official figures The PRESIDING OFFICER. The Sen- vent a potentially catastrophic release of the Federal Government with re- ator from Oregon. of reactor cooling water. spect to the comparative costs of this Mr. WYDEN. Mr. President, if we Furthermore, nuclear powerplants amendment. could just take a second to make sure have long been recognized as potential I think we ought to note, for exam- we are fair, I note that the Senator targets of terrorist attacks, and I re- ple, just how unprecedented this is. from Nevada would like to have several main skeptical that there are enough When people began to debate nuclear minutes, and we would like the oppor- safeguards in place to defend against power decades ago—50 years ago—when tunity to close. So if we can work out potential terrorist attacks on our nu- the commercial nuclear industry was the opportunity—— clear plants. first getting started, there were not Mr. DOMENICI. I say to the Senator, Concern about nuclear safety and any loan guarantees. In fact, even dur- they want a vote at 3:45, so we don’t waste disposal makes Californians ap- ing the early days, there was no sub- need any time. He can have 3 minutes prehensive about nuclear power. Cali- sidy along these lines. People would and you can close. fornia has shifted away from nuclear say, let’s support research, let’s sup- Mr. WYDEN. I withdraw my reserva- power over the years and activists in port various opportunities to assist tion. the communities surrounding the Dia- with the nuclear reactors but not even The PRESIDING OFFICER. Without blo Canyon and San Onofre plants con- in the early days was there a construc- objection, it is so ordered. tinue to express concerns about the tion subsidy. In fact, in the Atomic En- The Senator from Nevada is recog- safety of the remaining reactors in ergy Act of 1954 there was an explicit nized for 3 minutes. California. prohibition on subsidizing any of these Mr. ENSIGN. Mr. President, I just The construction of new nuclear re- facilities. want to make a couple points and keep actors would also exacerbate the nu- So what we are talking about is it fairly brief. clear waste problem. Since the volume something where a nonpartisan anal- The nuclear power industry has been of nuclear waste in the United States is ysis from the Congressional Budget Of- around for a long time. We hear about expected to exceed capacity at the con- fice has made it clear it is risky. They other new sources of energy that this troversial Yucca Mountain repository said there is upwards of a 50-percent country is trying to develop, and it by 2010, any new plants will create even likelihood of default. The Congres- seems to make sense we would sub- more waste storage problems. sional Research Service has said it is sidize some of that new research. It is I voted with Senator BINGAMAN to going to be costly. Mr. President, $14 to basic research that the Government is strike these nuclear subsidies in com- $16 billion is the appraisal of the Con- involved in. Whether it is health care, mittee and today I will vote with Sen- gressional Research Service. whether it is energy, that seems to be ator WYDEN to do the same. I have made it clear it is unprece- an appropriate role for the Federal The PRESIDING OFFICER. The Sen- dented both with respect to this bill Government. ator from Oregon. and the history. Finally, it is simply But nuclear energy has been around Mr. WYDEN. Mr. President, how unfair when you compare it to other for a long time, and it is commercially much time remains for each side? sources of power. viable in many other countries in the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.027 S10PT1 S7590 CONGRESSIONAL RECORD — SENATE June 10, 2003 world. To this Senator, it does not Mr. WYDEN. Mr. President, as we Bunning Graham (SC) Nelson (FL) seem to be the right thing to do to be move to the vote, basically all the Burns Grassley Nelson (NE) Carper Hagel Nickles subsidizing nuclear power because it arguments made against the Chambliss Hatch Pryor should have already proven its merit in Wyden-Sununu-Snowe-Ensign-Binga- Cochran Hollings Roberts the marketplace and been able to stand man amendment, all of the arguments Coleman Hutchison Santorum Cornyn Inhofe on its own. made against us were made for the Sessions Craig Inouye Shelby Unfortunately, we have a situation Crapo Landrieu WPPSS facilities which resulted in the Specter DeWine Lincoln where we had a vote last year on the biggest municipal bond failure in his- Stevens Dole Lott Yucca Mountain project, which is the Talent tory. Back then they said it wouldn’t Domenici Lugar Nation’s nuclear waste repository, and be unduly risky. They said there Enzi McConnell Thomas this Senate decided to continue to wouldn’t be any questions with respect Fitzgerald Miller Voinovich Warner build Yucca Mountain. What that indi- to exposure to those who were financ- Frist Murkowski cates is that the Senate is already sub- ing it. Look at what happened. Four ANSWERED ‘‘Present’’—1 sidizing nuclear power. People say, no, out of those five facilities did not get Allen Yucca Mountain is being built by the built. NOT VOTING—1 ratepayers, the people who receive the I say to my colleagues, those who are Lieberman benefits of nuclear energy. They pay a pronuclear, those who are antinuclear, tax on that or a rate on that and, this is not about your position with re- The amendment (No. 875) was re- therefore, they pay into the nuclear spect to nuclear power pro or con. It is jected. Mr. CARPER. I move to reconsider fund that will build on Yucca Moun- about whether or not you are going to the vote. tain. be protaxpayer. The Congressional Re- Mr. CRAIG. I move to lay that mo- According to the General Accounting search Service says the taxpayers are Office, that is not going to be enough. tion on the table. on the hook for $14 to $16 billion. The The motion to lay on the table was So we are going to be subsidizing nu- Congressional Budget Office says there clear power as it is. To add another agreed to. is upwards of a 50-percent likelihood of Mr. DOMENICI. I thank all Members subsidy would be wrong at this time. default. Under this provision, the loan for debate and votes. Whether you look at Japan or Ger- guarantees provide opportunities to I believe the Indian amendment of many, these other countries, they are construct nuclear facilities that no one the Senator from Colorado is next. building them commercially; they are else is getting. Other people don’t get AMENDMENT NO. 864 WITHDRAWN operating them viably. the break unless they produce some- If nuclear power is so good commer- Mr. CAMPBELL. Mr. President, as thing. Here you get the break even if the author of amendment No. 864, the cially, then it should stand on its own. you produce no nuclear power whatso- We have several other provisions in the Indian provision to the Energy Bill, I ever and you get it directly out of the ask unanimous consent to withdraw bill that Senators SUNUNU and WYDEN taxpayer’s pocket. have not touched on nuclear power. the amendment. It is unwise. I hope my colleagues The PRESIDING OFFICER. Without But to actually have Federal loan will vote with three Democratic Sen- guarantees that will leave the taxpayer objection, it is so ordered. ators, three Republican Senators, and The Senator from California. holding the bill would be wrong at this an Independent for this amendment. Mrs. FEINSTEIN. Mr. President, I in- time. If nuclear power is going to I yield the floor. quire as to what the order is. stand, let it stand on its own. The PRESIDING OFFICER. The The PRESIDING OFFICER. There is I yield the floor. question is on agreeing to amendment The PRESIDING OFFICER. The Sen- no unanimous consent agreement at No. 875. ator from Oregon. this time. Mr. DOMENICI. Mr. President, I won- Mr. DOMENICI. Mr. President, I ask AMENDMENT NO. 876 der if the Senator could do me one for the yeas and nays. (Purpose: To Tighten Oversight of Energy favor. Let Senator GRAHAM have 1 The PRESIDING OFFICER. Is there a Markets) minute. Then you wind up with the sufficient second? Mrs. FEINSTEIN. Mr. President, I time you have, the same time you There appears to be a sufficient sec- send an amendment to the desk on behave. ond. The clerk will call the roll. half of Senators FITZGERALD, HARKIN, Mr. WYDEN. I am happy to accom- The legislative clerk called the roll. LUGAR, CANTWELL, WYDEN, BOXER, and modate the Senator from South Caro- Mr. ALLEN (when his name was LEAHY. lina. How much additional time do I called). Present. The PRESIDING OFFICER. The have? Mr. REID. I announce that the Sen- clerk will report. The PRESIDING OFFICER. Under ator from Connecticut (Mr. LIEBERMAN) The legislative clerk read as follows: the unanimous consent agreement, the is necessarily absent. The Senator from California [Mrs. FEIN- vote was to occur at a quarter to 4. You The PRESIDING OFFICER (Mr. STEIN], for herself, Mr. FITZGERALD, Mr. HARKIN, Mr. LUGAR, Ms. CANTWELL, Mr. have the time between now and then. CHAFEE). Are there any other Senators Mr. DOMENICI. We don’t need to WYDEN, Mrs. BOXER, and Mr. LEAHY, proposes in the Chamber desiring to vote? an amendment numbered 876. have the Senator speak. Go ahead. The result was announced—yeas 48, Mrs. FEINSTEIN. Mr. President, I Mr. WYDEN. Mr. President, I ask nays 50, as follows: ask unanimous consent that the read- unanimous consent that the Senator [Rollcall Vote No. 214 Leg.] from South Carolina have 2 additional ing of the amendment be dispensed YEAS—49 minutes and if I could have 3 additional with. minutes after he is done speaking. Akaka Dodd Lautenberg The PRESIDING OFFICER. Without Baucus Dorgan Leahy objection, it is so ordered. Mr. DOMENICI. We cannot do that. Bayh Durbin Levin The PRESIDING OFFICER. Objec- Biden Edwards McCain (The amendment is printed in today’s tion is heard. Bingaman Ensign Mikulski RECORD under ‘‘Text of Amendments.’’) Mr. DOMENICI. It is not me. I have Boxer Feingold Murray Mrs. FEINSTEIN. Mr. President, I Byrd Feinstein Reed heard the comments of the distin- just been told, after instructions from Campbell Graham (FL) Reid the leadership. Cantwell Gregg Rockefeller guished ranking member that they had Mr. WYDEN. Mr. President, then I Chafee Harkin Sarbanes not had an opportunity to see the would like to accommodate the Sen- Clinton Jeffords Schumer amendment. Of course, we will allow Collins Johnson Smith that opportunity to take place. This ator from South Carolina. I have a cou- Conrad Kennedy Snowe ple of minutes to go. Corzine Kerry Stabenow amendment closes a major loophole Mr. DOMENICI. You don’t have a Daschle Kohl Sununu which allows energy trades to take couple minutes. Dayton Kyl Wyden place electronically, in private, with The PRESIDING OFFICER. You have NAYS—50 no transparency, no record, no audit 2 minutes at this point. The Senator Alexander Bennett Breaux trail, or any oversight to guard against from Oregon. Allard Bond Brownback fraud and manipulation.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.068 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7591 This amendment will close a loophole where you could avoid any scrutiny Under one such trading strategy created in 2000 when Congress passed and do this trading. called Death Star, which was also the Commodity Futures Modernization After the 2000 legislation was en- called Forney’s Perpetual Loop, for Act which exempted energy and metals acted, EnronOnline began to trade en- John Forney, Enron would ‘‘get paid trading from regulatory oversight and ergy derivatives bilaterally, without for moving energy to relieve conges- excluded them completely if the trade being subject to proper regulatory tion without actually moving energy was done electronically. oversight. It should not surprise any- or relieving any congestion,’’ according This amendment was presented by one that without the transparency, to an internal memo. It was a fraud. me before. Senator FITZGERALD spoke, prices soared and games were played. It was a fraud. A was a trading strat- Senator WYDEN spoke, Senator CANT- Three years ago this summer, Cali- egy which was clearly and simply WELL spoke. We got just about a major- fornia’s energy market began to spiral fraudulent and manipulative. ity. Senator Gramm of Texas argued out of control. In May of 2000, families In another strategy detailed in these against it. It did go back to the Agri- and businesses in San Diego saw their memos, Enron would ‘‘create the ap- culture Committee. The Agriculture energy bills soar. The western energy pearance of congestion through the de- Committee held hearings and both Sen- crisis forced every family and business liberate overstatement of loads’’ to ators HARKIN and LUGAR participated in California and many of the other drive up prices. in making changes, which I think has States to pay more for energy. The cri- The above-mentioned strategies re- made this a better amendment. sis forced the State of California into a veal an intentional and coordinated at- We were hoping for a markup, but severe budget shortfall. It forced the tempt to manipulate the Western en- the Congress ended without that mark- State’s largest utility into bankruptcy ergy market for profit. up having taken place. Now the Energy and nearly bankrupted the second larg- This is an important piece of the puz- bill is before us, and it seems to me est publicly owned utility. zle that has been uncovered. Some Now, 3 years and $45 billion in costs this is the time to present this. former Enron traders helped fill in the This bill has had floor discussion. It later, we have learned how the energy blanks. CBS News reported in May 2002 that has had a committee hearing. It has markets in California were gamed and former Enron traders admitted the been modified by the chairman and the abused. Originally everyone around company was directly responsible for ranking member of the Agriculture here said: Oh, it’s the problem of the 1996 deregulation law. I will admit that local blackouts in California. Yet, in- Committee and is now before us. Today, if there is no delivery of phys- law is a faulty law. However, you can- terestingly enough, no one has followed ical energy, there is no price trans- not have the price of energy 1 year up on this report. According to CBS News reporter parency. By that I mean, if I buy nat- being $7 billion throughout the whole Jason Leopold, the traders said Enron’s ural gas from you and you deliver it to State and the next year it is $28 billion former president Jeff Skilling pushed me, the Federal Energy Regulatory and say that is supply and demand. You cannot have a 400 percent increase them to trade aggressively in Cali- Commission has the authority to en- fornia and told them, ‘‘If you can’t do sure that the transaction is trans- just based on supply and demand. Clearly, you do not have a 400 percent that, then you need to find a job at an- parent—meaning it is available to look other company or go trade pork bel- at—and that it is reasonably priced. increase in demand in a 1-year period of time. Nor did that happen in a 1-year lies.’’ However, many energy transactions no The CBS article mentions that Enron longer result in delivery. In other period of time. In March of this year, the Federal traders played a disturbing role in words, if I sell to you and you sell to Energy Regulatory Commission issued blackouts that hit California. The re- Senator CRAIG who sells to Senator a report titled ‘‘Price Manipulation In port mentions specific manipulative DOMENICI who sells to somebody else Western Markets,’’ which confirmed behavior by Enron on June 14 and 15 in who then delivers it, none of these that there was widespread and perva- the summer of 2000 when traders said trades is covered if done electronically. sive fraud and manipulation during the they intentionally clogged Path 26—a That means there is no record; there is western energy crisis. According to the key transmission path connecting no audit trail; there are no capital re- FERC report, the abuse in our energy Northern and Central California. quirements; there is no transparency; markets was pervasive and unlawful. Here is what one trader said about there is no antifraud or antimanipula- Yet this Energy bill does not prevent the event: tion oversight today. It is a huge loop- another energy crisis from occurring What we did was overbook the line we had hole permitted in the Commodity Fu- nor does it curb illegal Enron-type ma- the rights on during a shortage or in a heat tures Modernization Act of 2000. nipulation. wave. We did this in June 2000 when the Bay This lack of transparency and over- Area was going through a heat wave and the Just last week, the FBI arrested ISO couldn’t send power to the North. The sight applies to energy and metals former Enron trader John M. Forney, trading. It does not apply if you are ISO has to pay Enron to free up the line in saying he was a key architect of order to send power to San Francisco to keep selling wheat or pork bellies or any Enron’s well-known trading schemes the lights on. But by the time they agreed to other tangible commodity. Why do we blamed for worsening California’s en- pay us, rolling blackouts had already hit include metals? Fraud and manipula- ergy crisis in 2000 and 2001. California and the price for electricity went tion have not been confined to the en- Mr. Forney was charged with a single through the roof. ergy trading sector. For example, in count each of wire fraud and con- In other words, they waited for the 1996 U.S. consumers were overcharged spiracy. He is the third Enron trader weather. They calculatedly overbooked $2.5 billion from Sumitomo’s manipula- accused by the Justice Department of the line to clog the lines so that power tion of the copper markets. criminal manipulation of western en- could not be transmitted to the north. Furthermore, in 1999 the President’s ergy markets but the first who did not Therefore, what power was transmitted Working Group on Financial Markets reach a plea agreement, leading to his went sky high in terms of price. Sec- recommended excluding only financial arrest last Tuesday. According to the ond, a blackout resulted. derivatives, not energy and metals de- criminal complaint, Forney is alleg- California lost billions. Yet accord- rivatives, from the CFTC’s jurisdiction. edly the architect of the Enron trading ing to the traders, Enron made mil- After intense lobbying by, of all peo- strategies with the now infamous lions of dollars by employing this ple, Enron, a change was made to the names of Ricochet, Death Star, Get strategy alone. Commodity Futures Modernization Act Shorty, Fat Boy, and others. On top of all this, traders disclosed to exempt energy and metals trading These Enron strategies were first re- that Enron’s manipulative trading from CFTC oversight in 2000. It did not vealed on Monday, May 6, 2002, when strategies helped force California to take long for EnronOnline and others the Federal Energy Regulatory Com- sign expensive long-term contracts. It in the energy sector to take advantage mission posted a series of documents is no surprise that Enron and others of this new freedom by trading energy on their Web site that revealed Enron were able to profit so handsomely dur- derivatives absent any transparency manipulated the western energy mar- ing the crisis. and regulatory oversight. In other ket by engaging in these suspect trad- Now, after 3 years, the FBI and the words, a whole new niche was found ing strategies. Justice Department are beginning to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.072 S10PT1 S7592 CONGRESSIONAL RECORD — SENATE June 10, 2003 bring these traders to justice. In Feb- after allegedly telling a trade publica- the trades. This is exactly what our ruary, Jeffrey Richter, the former head tion about the prices for 48 natural gas legislation aims to stop. of Enron’s Short-Term California en- trades that he never made in an effort Duke Energy disclosed that $1.1 bil- ergy trading desk, pled guilty to con- to boost prices and company profit. lion worth of trades were ‘‘round-trip’’ spiracy to commit fraud as part of In other words, he is telling an en- since 1999. Roughly two-thirds of these Enron’s well known schemes to manip- ergy trade publication about 48 gas were done on the InterContinental Ex- ulate Western energy markets. trades that were never made. It was change owned by banks that oppose Richter’s plea followed that of head bogus information which was given this legislation. Enron trader Tim Belden in the fall of out. Why? Simply to boost the market. Let me repeat that. Duke Energy dis- 2002. Belden admitted that he schemed These indictments are just a few ex- closed that $1.1 billion worth of trades to defraud California during the West- amples of how energy firms reported were bogus ‘‘round-trip’’ trades since ern energy crisis and also plead guilty inaccurate prices to trade publications 1991. And two-thirds of those were done to conspiracy to commit wire fraud. to drive energy prices higher. on the InterContinental Exchange, Nobody can believe this didn’t hap- Industry publications claimed they which is an electronic exchange. That pen, because it did. Two people have could not be fooled by false prices be- means that thousands of subscribers pled guilty, and a third was just ar- cause deviant prices are rejected, but would have seen false price signals. rested for doing just what we hope to this claim was predicated on the fact A lawyer for J.P. Morgan Chase ad- prevent happening with this amend- that everyone was reporting honestly mitted the bank engineered a series of ment. which we now know they weren’t ‘‘round-trip’’ trades with Enron. The plea by Jeff Richter came on the doing. Dynegy and Williams have also admit- heels of FERC’s release of transcripts CMS Energy, Williams, American ted to this ‘‘round-trip’’ trading. And from Reliant Energy in January of this Electric Power Company, and Dynegy although those trades mostly occurred year that reveal how their traders in- have each acknowledged that its em- with electricity, there is evidence to tentionally withheld power from the ployees gave inaccurate price data to suggest that ‘‘round-trip’’ trades were California market in an attempt to in- industry participants. On December 19 made in natural gas and even crease prices. This is one of the most Dynegy agreed to pay a $5 million fine broadband. egregious examples of manipulation for its actions. By exchanging the same amount of a and it is clear and convincing evidence Let us turn to other types of fraudu- commodity at the same price, these of coordinated schemes to defraud con- lent trades that many energy firms companies have not engaged in mean- sumers. have admitted to. ingful transactions but in deceptive Let me read just one part of the tran- Dynegy, Duke Energy, El Paso, Reli- practices to fool investors and drive up script to demonstrate the greed behind ant Resources Inc., CMS Energy Corp., energy prices for consumers. It is, the market abuse by Reliant and its and Williams Cos. all admitted engag- therefore, imperative that the Depart- traders. ing in false ‘‘round-trip’’ or ‘‘wash ment of Justice, the Federal Energy On June 20, 2000 two Reliant employ- trades.’’ Regulatory Commission, the Securities ees had the following conversation that What is a ‘‘round-trip’’ trade, one and Exchange Commission, the Com- reveals the company withheld power might ask? modity Futures Trading Commission, from the California market to drive ‘‘Round-trip’’ trades occur when one and every other oversight agency con- prices up: firm sells energy to another and then duct an aggressive and vigorous inves- RELIANT OPERATIONS MANAGER 1. I don’t the second firm simultaneously sells tigation into all of the energy compa- necessarily foresee those units being run the the same amount of energy back to the nies that may have committed fraud remainder of this week. In fact you will first company at exactly the same and abuse in the western energy mar- probably see, in fact I know, tomorrow we price. No commodity ever actually ket. have all the units at Coolwater off. changes hands, but when done on an ex- Beyond that, I believe strongly that The Coolwater plant is a 526 Mega- change, these transactions send a price Congress must reexamine what tools watt plant. signal to the market and they artifi- the Government needs to keep a better RELIANT PLANT OPERATOR 2. Really? cially boost revenue for the company. watch over these volatile markets RELIANT OPERATIONS MANAGER 1. Poten- How widespread are ‘‘round-trip’’ that, frankly, are little understood. In tially. Even number four. More due to some trades? Well, the Congressional Re- the absence of vigilant Government market manipulation attempts on our part. search Service looked at trading pat- oversight of the energy sector, firms And so, on number four it probably wouldn’t last long. It would probably be back on the terns in the energy sector over the last have the incentive to create the ap- next day, if not the day after that. Trying to few years and reported, ‘‘this pattern pearance of a mature liquid and well uh . . . of trading suggests a market environ- functioning market, but it is unclear RELIANT PLANT OPERATOR 2. Trying to ment in which a significant volume of whether such a market exists. And I shorten supply, uh? That way the price on fictitious trading could have taken don’t believe, for a minute, that such a demand goes up. place.’’ market exists. RELIANT OPERATIONS MANAGER 1. Well, Yet since most of the energy trading The ‘‘round-trip’’ trades, the Enron we’ll see. RELIANT PLANT OPERATOR 2. I can under- market is unregulated by the govern- memos, the FERC report on ‘‘Price Ma- stand. That’s cool. ment, we have only a slim idea of the nipulation in the Western Markets’’ RELIANT OPERATIONS MANAGER 1. ‘‘We’ve illusions being perpetrated in the en- raise questions about the energy margot some term positions that, you know, ergy sector. kets of our country. To this end, I be- that would benefit. Consider the following confessions lieve it is critical for the Senate to ap- That is what existed. That is the from energy firms about ‘‘round-trip’’ prove this amendment, which would kind of thing that went on, and it has trades: provide more regulatory oversight of to stop. It has to be made illegal and it Reliant admitted 10 percent of its online energy trading. has to have heavy penalties. trading revenues came from ‘‘round- When the Senate Energy Committee Let’s turn to some other examples. trip’’ trades. The announcement forced marked up the Energy bill in April, On January 27, 2003, Michelle Marie the company’s President and head of there was a consensus to include some Valencia, a 32-year-old former senior wholesale trading to both step down. provisions of the Energy Market Over- energy trader for Dynegy, was arrested These are bogus traders. sight Act, S. 509, I introduced earlier on charges that she reported fictitious CMS Energy announced 80 percent of this year. The Energy bill, S. 14, does natural gas transactions to an industry its trades in 2001 were ‘‘round-trip’’ include higher criminal and civil pen- publication. trades. alties for violations of the Federal On December 5, 2002, Todd Geiger, a Eighty percent of all of the trading Power Act and the Natural Gas Act. former vice president on the Canadian this company did was bogus. Under section 1173 of the bill now on natural gas trading desk for El Paso Remember, these trades are sham the floor, fines will be $1 million in- Merchant Energy, was charged with deals where nothing was exchanged, stead of the current $5,000 for a one- wire fraud and filing a false report yet the company booked revenues from time violation of the statutes. I thank

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.077 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7593 the chairman of the committee for Right now, energy transactions are Senate Energy bill, and it was a sub- this. Jail time will be raised to 5 years regulated by FERC. When there is ac- ject of a hearing in the Senate Agri- instead of the current 2 years. And I tual delivery, that is taken care of. If culture Committee. As I said, time ran thank the chairman of the committee Senator REID sells me energy and I de- out before it could be marked up and for this. Fines will be $50,000 per viola- liver it, that is covered by FERC. But passed. Since that time, both Senators tion per day instead of the current $500 interim trades are not covered by any- LUGAR and HARKIN have made signifi- per violation per day for violations of body. They are on their own in secret. cant improvements to the legislation. the statutes. And I thank the chairman Many energy transactions no longer So today I am pleased to note that of the committee for this. result in delivery, so this giant loop- the following companies and organiza- Furthermore, section 1174 of the En- hole where there is no government tions are supporting this legislation: ergy bill will eliminate the unneces- oversight—when these transactions are the National Rural Electric Coopera- sary 60-day waiting period for FERC to done on electronic exchanges—is tive Association; the Derivatives Study grant refunds. I thank both Senator major. I think it is mega. I think a Center; the American Public Gas Asso- DOMENICI and Senator BINGAMAN, the number of companies have jumped into ciation; the American Public Power chairman and the ranking member of this void simply because they thought Association; the California Municipal the Energy Committee, for their efforts they could make a quick buck by gam- Utilities Association; Southern Cali- to include provisions of S. 509, the En- ing the system, and in fact they have fornia Public Power Authority; the ergy Market Oversight Act, in this En- done just that. Transmission Access Policy Study ergy bill. As I mentioned, in 2000 Congress Group; U.S. Public Interest Research Now let me turn to the specifics of passed the Commodity Futures Mod- Group; the Consumers Union; the Con- the amendment. ernization Act, which exempted energy sumers Federation of America; I am offering this amendment—and I and metals from regulatory oversight, Calpine; Southern California Edison; am hopeful that Senator FITZGERALD and excluded it completely if the trade Pacific Gas and Electric; and the FERC will come to the floor; I know he in- was done electronically. So today, as Chairman Pat Wood. tends to speak on this amendment, and long as there is no delivery, there is no Here is a quick explanation of what I hope he does—I am offering this price transparency, there is no record, this amendment does. It applies anti- amendment to subject electronic ex- there is no audit trail, there is no cap- fraud and antimanipulation authority changes, such as EnronOnline, the ital requirement, there is no antifraud, to all exempt commodity transactions. InterContinental Exchange, and any antimanipulation oversight. An exempt commodity is a commodity other electronic exchange, to the same This lack of transparency and over- which is not financial and not agricul- oversight, reporting, and capital re- sight only applies to energy. It does tural and mainly includes energy and quirements of other commodity ex- not apply if you are selling wheat or metals. The bill sets up two classes of changes, such as the Chicago Mer- pork bellies or any other tangible com- swaps for those made between sophisti- cantile Exchange, the New York Mer- modity. And financial derivatives are cated persons, basically institutions cantile Exchange, and the Chicago not included in this amendment. and wealthy individuals, that are not Board of Trade. It did not take long for Enron and entered into on a trading facility, for Why should there be one secret trad- others to take advantage of this new example, an exchange. Antifraud and ing venue where fraud and manipula- freedom by trading derivatives absent antimanipulation provisions apply and tion can take place abbondanza? I do any regulatory oversight. Thus, after wash trades are prohibited. The fol- not think there should be. I do not the 2000 legislation was enacted, lowing regulations would apply to all think it is in the interests of our citi- EnronOnline, as I said, began to trade swaps made on an electronic trading zens to have that happen. And the energy derivatives bilaterally without facility and a ‘‘dealer market’’ which western energy market should be a being subject to regulatory oversight. includes dealers who buy and sell swaps major case in point. It should not be a surprise to anyone in exempt commodities and the entity I am very pleased that Senators FITZ- that prices soared. on which the swap takes place. Anti- GERALD, HARKIN, LUGAR, CANTWELL, In March, Warren Buffett published a fraud and antimanipulation provisions WYDEN, LEAHY, DURBIN, and BOXER warning in Fortune magazine saying: and the prohibition of wash trades have again signed on to this amend- Derivatives are financial weapons of mass apply. ment. I was very proud of the work we destruction. If the entity on which the swap takes did in the 107th Congress, and I hope we place serves a pricing or price dis- In his annual warning letter to share- can adopt this amendment on this En- covery function, increased notice, re- holders about what worries him about ergy bill because without this type of porting, bookkeeping, and other trans- the financial markets, Warren Buffett legislation, there is insufficient au- parency requirements are provided. called derivatives and the trading ac- thority to investigate and prevent The requirement to maintain sufficient tivities that go with them ‘‘time fraud and price manipulation since par- capital is commensurate with the risk bombs.’’ ties making the trades are not required associated with the swap. We don’t de- In the letter, Mr. Buffett states: to keep a record. That is the problem. termine that in this legislation. The The CFTC will say: Oh, we are al- In recent years some huge-scale frauds and Commodities Futures Trading Commis- ready doing that. But in the law there near-frauds have been facilitated by derivatives trades. In the energy and electric util- sion would determine that. In other is no requirement to keep a record. ity sectors, for example, companies used de- words, they would determine what kind There is a specific exemption in the rivatives and trading activities to report of net capital requirement there will law. So I do not see how the CFTC has great ‘‘earnings’’—until the roof fell in when be, and that would be commensurate the adequate tools to do what they they actually tried to convert the deriva- with the degree of risk involved in the need to do without this amendment be- tives-related receivables on their balance transaction. cause this amendment closes that loop- sheets into cash. Except for the antifraud and hole which exists just for energy and We clearly saw this with Enron. Was antimanipulation provisions, the CFTC just for metals and, because of its ex- Enron and its energy derivative trad- has the discretion to tailor the above istence, has allowed EnronOnline and a ing arm, Enron Online, the sole reason requirements to fit the character and number of other exchanges—Dynegy California and the West had an energy financial risk involved with the swap had one; InterContinental Exchange crisis? No. Was it a contributing factor or entity. While the CFTC could re- had one as well—to do all these things to the crisis? I believe it was. quire daily public disclosure of trading in secret with no audit trail, no record, Unfortunately, because of the energy data, such as opening and closing no capital requirements. Nobody has a exemptions in the 2000 Commodities prices, similar to the requirement of responsibility to set any capital re- Futures Modernization Act, which took futures exchanges, it could not require quirements. There is no audit trail and away the CFTC’s authority to inves- real-time publication of proprietary no antifraud and antimanipulation tigate, we may never know for sure. In trading information or prohibit an en- oversight. Clear and simple, it is a the 107th Congress, this legislation was tity from selling their data. So propri- travesty. debated during consideration of the etary information is protected.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.080 S10PT1 S7594 CONGRESSIONAL RECORD — SENATE June 10, 2003 The CFTC may allow entities to meet Mr. REID. You are not yielding to because of the recent energy crisis, certain self-regulatory responsibilities Senator FITZGERALD. metal derivatives have been sold over as provided in a list of core principles. Mrs. FEINSTEIN. Pardon me? the counter for decades. The amend- If an entity chooses to become a self Mr. REID. You are not yielding to ments in 2000 to the Commodities Ex- regulator, these core principles would Senator FITZGERALD. change Act did not change this, and obligate the entity to monitor trading Mrs. FEINSTEIN. I am not? that was proper. They only clarified to prevent fraud and manipulation, as The PRESIDING OFFICER (Mrs. and confirmed the legality of these well as assure that its other regulatory DOLE). Senators are not permitted to markets. obligations are met. yield the floor to one another. Lumping metal derivatives together The penalties for manipulation are Mrs. FEINSTEIN. I thank the Chair with energy derivatives would impose greatly increased. The civil monetary for the clarification. regulatory burdens that never existed penalty for manipulation is increased I wish to make one comment about even before the 2000 amendments and, from $100,000 to $1 million. Wash trades this amendment. This amendment has of course, without justification; there- are subject to the monetary civil pen- been in the Agriculture Committee. It fore, I offer this second-degree amend- alty for each violation and imprison- has had a hearing. It has been reviewed ment to restore metal derivatives trad- ment of up to 10 years. by both staffs, Republican and Demo- ing to exempt commodity status. Met- The FERC is required to improve cratic. The Democratic chairman of als would be treated as if they were communications with other Federal the committee, Senator HARKIN, under the Commodity Futures Mod- regulatory agencies. A shortcoming in worked on this. The ranking member ernization Act of 2000. the main antifraud provision of the at the time, Senator LUGAR, worked on Like other derivatives, metal deriva- CEA is also corrected by allowing this. They have both concurred. They tives markets help companies manage CFTC enforcement of fraud to apply to are supporting this legislation. The the risk of sudden and large price instances of either defrauding a person staffs have reviewed it. changes. for oneself or on behalf of others. We believe it is bona fide, that it is In recent years, derivatives and so- This would also require the FERC solid, and that it will stand the test of called hedging transactions helped the and the CFTC to meet quarterly and time. mining companies in the State of Ne- discuss how energy derivative markets I thank the Chair. I yield the floor. vada, which is the third largest pro- are functioning and affecting energy The PRESIDING OFFICER. The Sen- ducer of gold in the world, second only deliveries. So they are required to look ator from Nevada. to Australia and South Africa, with a at this, to monitor it closely, and to sit AMENDMENT NO. 877 TO AMENDMENT NO. 876 steadily declining gold price by selling quarterly and see how these markets Mr. REID. Madam President, I send mining production forward. are, in fact, functioning. an amendment to the desk. A large mining company in Nevada, This would grant the FERC the au- The PRESIDING OFFICER. The Barrick Gold, had no layoffs during thority to use monetary penalties on clerk will report the amendment. this period of time as a result of these companies that don’t comply with re- The assistant legislative clerk read forward selling programs. The last cou- quests for information. This is essen- as follows: ple of years illustrate the function and tially the same authority the SEC has value in the marketplace of such trans- today. The Senator from Nevada [Mr. REID] pro- It would make it easier for FERC to poses an amendment numbered 877 to amend- actions. Some companies decided not ment No. 876. hire the necessary outside help they to hedge, betting the gold price would need, including accountants, lawyers, Mr. REID. Madam President, I ask rise and hedging contracts would lock and investigators for investigative pur- unanimous consent that the reading of them into below-market prices. Most poses. And it would eliminate the re- the amendment be dispensed with. of those companies are no longer quirement that FERC receive approval The PRESIDING OFFICER. Without around because the gold price has from the Office of Management and objection, it is so ordered. stayed relatively low. Budget before launching an investiga- The amendment is as follows: In contrast, other companies hedged tion or price discovery of electricity or (Purpose: To exclude metals from regulatory some or most of their production. natural gas markets involving more oversight by the Commodity Futures Trad- These companies have survived or even than 10 companies. ing Commission) thrived, for the most part. By choosing This amendment is not going to do On page 17 after line 25: to manage their risk, they accepted the anything to change what happened in ‘‘(10) APPLICABILITY.—This subsection does risk that the gold price could rise, but California and the West. But it does not apply to any agreement, contract, or they stabilized company performance, transaction in metals.’’ provide the necessary authority for the continued to provide jobs and con- CFTC and the FERC which will help Mr. REID. Madam President, first, I tribute to communities in rural Nevada protect against another energy crisis. commend the senior Senator from Cali- where they are so important. No one is immune from this kind of fornia and her cosponsor, the junior The gold mining business in America thing. The gaming, the fraud, the ma- Senator from Illinois, for their amend- is so important. It is important be- nipulation has been extraordinary. ment and their work on this very dif- cause it is one of the few areas where Just the chutzpah to do Death Star, ficult issue dealing with derivatives we are a net exporter, and that is the Get Shorty, Ricochet, just the and how to regulate them. way it has always been. The Feinstein chutzpah to do these kinds of trades in To critics of the amendment, I sug- amendment includes metal derivatives secret, it is a bunco operation. It is gest you put yourself in Senator FEIN- citing fraud in the metals markets, but nothing else but. And who is buncoed? STEIN’s shoes. She represents the larg- there is no example of fraud on any oc- The consumer is buncoed. That is why est State in the United States and one casion regarding the metals markets in consumer organizations feel strongly of the largest governments in the the past decade. about this. world. The State of California’s GDP is Examples of such fraud that did take When regulatory agencies have the larger than most countries’ of the place a long time ago are cases such as will but not the authority to regulate, world. the Hunt brothers in silver and Congress must step in and ensure that In the West, we are still feeling shock Sumitomo in copper. These were regu- our regulators have the necessary waves from the energy crisis that lated markets and over the counter tools. Unfortunately, sometimes an threatened California’s and Nevada’s trades did not exist at that time. The agency has neither. In this case, I am prosperity and brought home to all of Hunt brothers just went out and glad to have the support of FERC, and us that we are in uncharted territory bought silver on the free market. Nei- I hope the CFTC will reconsider its po- with energy deregulation. ther of these fraud cases are addressed sition and support this amendment. Senator FEINSTEIN inadvertently in- by the Feinstein amendment. I note that Senator FITZGERALD is on cluded metal derivatives with the en- The attempt, as I indicated, by the the floor. I would like to yield to him. ergy derivatives that are the intended Hunt brothers in 1979 to ‘‘corner the But before I do, may I just say one target of her amendment. Unlike en- silver market’’ involved manipulation quick thing. ergy derivatives which raise questions of the physical silver market. The

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.090 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7595 Hunt silver scandal involved trading on in metals markets did not involve over- and energy contracts, and she deregulated exchanges, not in the over- the-counter derivatives. scribed the wash trades that were dis- the-counter derivatives markets. The I suggest the absence of a quorum. covered when Enron fell apart. In fact, trading abuses involved the physical The PRESIDING OFFICER. The many energy companies were simply accumulation of 200 million ounces of clerk will call the roll. engaging in round trip trades with silver. It did not involve over-the- The assistant legislative clerk pro- trading partners. A round trip trade, as counter derivatives. ceeded to call the roll. Senator FEINSTEIN noted, is when one I say in passing, I had a great friend. Mr. FITZGERALD. Madam Presi- party sells a commodity to another His name was Forrest Mars, one of the dent, I ask unanimous consent that the party at a certain price, and the other richest men in the world. He lived in order for the quorum call be rescinded. party sells that same commodity back Las Vegas in a very small apartment The PRESIDING OFFICER. Without at the very same price. Nothing really above his candy store. But as you objection, it is so ordered. transpired in that transaction except know, this giant of commerce was a Mr. FITZGERALD. Madam Presi- that the other party books revenue multi-multibillionaire. After the Hunt dent, I rise today to support my col- from a sale and this party books rev- brothers had manipulated the market, league from California, Senator FEIN- enue from a sale, but nothing really he told me: These guys are so dumb. STEIN, and her amendment, which I happened from an economic point of They should have come to me. I could have cosponsored, which would very view. have told them you cannot have mo- simply close the so-called Enron loop- If party A sells a barrel of oil to nopolies. They do not work. I tried it a hole in the commodity futures trading party B for $30, and party B simulta- couple times. laws of this country. neously sells a barrel of oil back to He said: For example, once I went out This really is not that complex an party A for $30, nothing has really hap- and tried to corner the market on issue. A few years ago, we passed a re- pened. Everybody is still the same. black pepper. Black pepper has been authorization of the Commodity Fu- What we saw in the energy industry part of commerce for so many cen- tures Trading Commission. I am very with a whole bunch of energy compa- turies, and he figured he could corner familiar with the commodities indus- nies, not just Enron, is they were arti- the market on all black pepper, and he try because we are the heart of it in ficially boosting their revenues by en- did. He owned every producing facility, my State of Illinois, particularly the gaging in wash trades, round trip farm, and manufacturing facilities re- city of Chicago, where they have the trades with other energy partners. lated to black pepper in the world. But largest derivative exchanges in the I recall one energy company after he said: They outfoxed me because all country in the Board of Trade, in the this came to light had to restate its they did was dye white pepper and ru- Mercantile Exchange in Chicago. Those revenues downward by $7 billion when ined my monopoly. exchanges trade all sorts of commod- new auditors came in and made them I say this because the Hunt brothers ities from pork bellies to Treasury cancel out all these wash trades. fiasco in 1979 was an effort to have a bonds. They trade financial commod- Senator FEINSTEIN’s amendment sim- monopoly, and it did not work for a lot ities as well as agricultural commod- ply closes this Enron loophole. It says of reasons. ities, corn and soybeans. the CFTC will be able to ban wash The Sumitomo situation involved the The Board of Trade and the Mer- trades on these online derivatives alleged manipulation of the copper cantile Exchange, like the NYMEX, the transaction facilities. That is all we market by a Japanese company acting New York Mercantile Exchange in New are trying to do. She does not impose through a rogue trader acting in Lon- York, or the New York Board of Trade, full-scale regulation by the CFTC like don and Tokyo. The trading abuses oc- are fully regulated exchanges. The re- we have at the Board of Trade or Mer- curred on a fully regulated exchange, authorization of the Commodity Fu- cantile Exchange in Illinois or the New not in the over-the-counter derivatives tures Trading Commission, which we York Mercantile Exchange in New market. The trading abuses involved passed a few years ago, continued that York. They have far more regulation. manipulation of the price of copper on regulation that we have had in this However, we will put a light level of the London Metal Exchange, a futures country over our boards of trades and regulation on online derivative trans- exchange which is fully regulated by our other derivatives or futures transactions facilities that trade energy, the UK’s Financial Services Authority. action trading facilities in this coun- metals, and broadband online. Do not Further, the manipulation took place try. forget, Enron was a big trader of overseas, not in United States mar- Somehow, when we were working on broadband, as well. In fact, that is why kets. that legislation in the House and the the Enron loophole as it got written in I repeat, we owe Senator FEINSTEIN Senate—it is funny how little codicils, the House created a special carve-out and Senator FITZGERALD a debt of grat- little paragraphs and sentences get for energy, metals, broadband, and also itude for their interest in this issue added when the bills go to conference weather contracts. and their work in proposing changes to committees between the House and the The question is—why are we picking the Commodity Exchange Act that will Senate. I believe what happened is out energy, metal, broadband, and ensure trading in energy derivatives when that bill was over in the House, a weather contracts and saying these when it is done over the counter with couple of congressmen added some lan- contracts when traded online cannot be transparency, in a way that inspires guage that exempted from all regula- regulated by anyone? What is the pub- public confidence in the markets. tion by the CFTC—and there is no reg- lic policy rationale for this special I urge my colleagues to eliminate ulation by the SEC in this area—online carve-out? Why didn’t they also in- metals from this amendment. I think it facilities that trade energy, metals, clude corn and soybeans in this carve- would help the adoption of their and broadband derivatives contracts or out? Or other commodities? The fact is, amendment. If they decide not to do futures contracts. Online exchanges this was a special interest carve-out for that, I urge my colleagues to support that trade those kinds of contracts are a hand full of companies. my amendment which strikes metal completely exempt from regulation. Now, there is a company owned by a derivatives from the Feinstein amend- This is the so-called Enron loophole. number of banks and energy companies ment. My amendment would not allow At the time, Enron owned called the InterContinental Exchange. metal derivatives markets and partici- EnronOnline and they had an online I believe it is opposed to our amend- pants to trade derivatives without ac- platform for trading energy contracts, ment. Why they are opposed—I gather countability and transparency. Ade- which when Enron went bankrupt later some of their owners are, in fact, for quate recordkeeping needs to be in they sold. this—but the majority of the owners of place. The Commodity Exchange Act Now that EnronOnline was totally this exchange are opposed. They do not already requires some recordkeeping exempted from regulation—as Senator want to be regulated. Our obligation is for these otherwise ‘‘exempt’’ trans- FEINSTEIN very eloquently and very not to those banks that own the Inter- actions. thoroughly described for us all of the Continental Exchange or to the energy Derivatives are essential to the bogus trades that were done on online companies that own the InterConti- health of the metals market, and fraud derivative exchanges that trade metals nental Exchange. Our obligations here

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.093 S10PT1 S7596 CONGRESSIONAL RECORD — SENATE June 10, 2003 are to investors around the country any swap agreement that involves a non- I point to that example as an area and to consumers around the country. financial commodity with a finite supply. where we have pretty light regulations We saw what kind of wool can be In other words, the President’s work- in our security laws. They are simply pulled over people’s eyes when online ing group was saying there should be disclosure laws. Publicly traded com- exchanges are allowed to go on without oversight, there should be regulation of panies have to file disclosure and there any regulation. Not only were a bunch swap agreements, of futures contracts, is not much more regulation than that, of energy companies such as Enron of derivatives contracts, involving non- but that disclosure is very important doing round-trip trades to artificially financial commodities with finite sup- in maintaining the integrity of our boost their own revenues but they were plies. They separated that category of markets. also doing fictitious round-trip trades commodities from financial commod- I believe Senator FEINSTEIN and I to set artificial prices. ities that have an infinite supply, say, have an amendment that is very light Indeed, although I was very skeptical interest rates futures, or futures con- regulation, that simply will help re- at first whether that was happening in tracts or derivative contracts based on store the faith of people who may want California but, in fact, it was. The on- currencies. With those types of finan- to trade, of institutions that may want line exchanges would tell California cial commodities, it is very difficult to trade in an online derivatives facil- that this is the price that has been for someone to corner the market in ity. It will restore their faith in that trading on our online exchange, so that interest rates, for example. I don’t market, give them more trust in that is the price you have to pay for the en- think it is possible. There is not a fi- market and make them more likely to ergy. But, in fact, it was a fictitious nite supply of interest rates. No one use that market. market and most of the trades were fic- could corner the market there. So they Since we have had this scandal in the titious and no one could regulate it. wanted to provide legal certainty for energy industry, the InterContinental All we are trying to do is have a light derivatives involving financial com- Exchange’s volume has just plummeted level of regulation to ban wash trades, modities with infinite supplies and and people who wanted to hedge their round-trip trades, ban fraud and abuse, they have done that. We did not touch positions in energy and metals have and protect consumers and investors, financial derivatives. We allow that been flocking back to the fully regu- have some price discovery so people legal certainty to remain for the finan- lated exchange in New York, the New can know what the prices are for the cial commodities. We do not upset York Mercantile Exchange. commodities that are traded on these that. Instead, we simply treat energy, So the point here, the moral of this online exchanges, a very light level of metals, and broadband, as the other fi- story, I think, is by opposing this regu- regulation to protect the integrity of nite commodities such as corn and soy- lation, the InterContinental Exchange our derivatives market. beans and other agricultural commod- has, in fact, hurt their own cause be- My good friend and colleague from ities are treated. cause people are staying away from the State of Nevada, the senior Senator The President’s working group made their market. They do not trust it, from Nevada, Mr. REID, has proposed this recommendation that all non- they know there is no price discovery, exempting metals contracts from the financial commodities with finite sup- they know there is no regulator there amendment Senator FEINSTEIN and I plies be treated the same. I have to ask who is going to prevent them from have put together. In other words, he my colleagues, what possible public being defrauded. There is no cop there would go along with closing the Enron policy rationale could explain the so nobody wants to trade there. So if the InterContinental Exchange loophole with respect to energy and carve-out in the commodity futures re- and the banks that own it want to en- broadband but he wants to keep a authorization bill for energy and met- courage all the Senators here to vote carve-out for metals. I don’t think that als transactions? If it is proper to ex- against this, I think they are actually is a good idea. We should not have to empt these finite physical commodities wait until we have fraudulent trans- working against their own self-interest from CFTC regulation, why not exempt in the long run, just as Wall Street actions involving a metals contract, agricultural commodities such as corn, say, of gold, silver, or platinum, before would have been working against its soybeans, and pork bellies? It does not own self-interest back in the 1930s if we act. We have already had fraudulent make any sense and we should close transactions in energy markets on the they had come to Washington and tried this loophole. to block the implementation of the Se- online exchanges and we need to stop Some have argued that we shouldn’t curities Exchange Commission Act. that. But certainly we can foresee the have regulation in this area. I know, All the bill does, and Senator FEIN- same problem could occur in an online particularly on my side of the aisle, STEIN has gone through it very thor- contract of metals that is traded on there are a lot of conservative Repub- oughly—but specifically it requires re- one of these online exchanges. All com- licans, and I am certainly a conserv- porting, notification, and record- modities of which there is a finite sup- ative Republican, and very pro-free keeping. In addition, it requires these ply should be treated equally. We markets. I am always reluctant to see energy and metal trading venues to should not have a special carve-out ei- Government regulation and I always keep books and records and maintain ther for energy or for metals or for question the need for it. However, I sufficient capital to operate soundly. broadband. point out that a light level of Govern- Those are just commonsense require- In 1999, a working group was put to- ment regulation can actually be ments. Why anybody would be against gether on the financial markets and healthy in promoting markets. this, I don’t know. the working group was put together There is no finer example than our Finally, on a somewhat more paro- ahead of our rewrite of the Commodity security markets in the United States. chial basis, as someone who represents Futures Modernization Act. The panel Prior to the adoption of the Securities the exchanges in Chicago, the Board of comprised in the working group was and Exchange Commission Act in the Trade and the Mercantile Exchange, made up of Federal Reserve Chairman early 1930s, average people remained they have a much heavier degree of Alan Greenspan, the Treasury Sec- very leery of ever investing in the regulation than we are asking of these retary, the Chairman of the SEC, and stock market. They thought it was a online exchanges that trade in energy the Chairman of the CFTC at the time. fool’s game that was rigged for the in- and metals. I, frankly, think it is un- In their report, the President’s Work- siders on Wall Street and it was very fair to impose super-regulations on one ing Group on Financial Markets, as it risky. In fact, by regulating the securi- type of trading facility and then no was called, that group concluded: ties markets and making it safe for av- regulation at all on another type of fa- Due to the characteristics of markets for erage people to invest in the markets cility. I think that unfairness in the nonfinancial commodities with finite sup- by having some laws against the in- disparate treatment between different plies [energy, metals broadband all fit that sider dealing and so forth, and requir- derivatives transaction facilities is a category; they are nonfinancial commodities ing a thorough dissemination of infor- and there are finite supplies of energy and of disparity and disparate treatment that metals] the working group is unanimously mation so it could be widely shared, we should be eliminated in the name of recommending that the exclusion not be ex- have gotten to the point where over 50 fairness. tended to agreements involving such com- percent of Americans in this country The bottom line is, while there has modities. The exclusion should not extend to invest in the stock market. been a lot of hype surrounding this

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.095 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7597 issue, I think those who study it close- one company said 80 percent of its tors who would want to participate in ly will realize, will recognize it is good trades had been wash trades, just round the market. You have to show there is public policy. It is in the public’s inter- trip trades. Was that an energy firm? oversight. You have to show it is up est. Mrs. FEINSTEIN. Yes, it was CMS and up, that it is a legitimate bona fide I urge my colleagues to support this Energy. The year was 2001. They an- marketplace with trades that mean amendment. It is very well drafted. nounced that. something. Senator LUGAR and Senator HARKIN Additionally, Duke Energy disclosed In my heart of hearts, I believe that have both signed on as cosponsors. It that $1.1 billion worth of trades were a lot of this kind of activity is what was the subject of a hearing in the Ag- round trip, wash trades, since 1999; amounted to a 400-percent increase in riculture Committee, as Senator FEIN- roughly two-thirds of these were done the cost of power in 1 year in California STEIN pointed out, and the Agriculture on the InterContinental Exchange, alone. Committee, of course, is where legisla- which means that thousands of sub- Mr. FITZGERALD. Because they tion dealing with the Commodity Fu- scribers would have seen these false were simply trading back and forth tures Trading Commission goes. The price signals. amongst themselves at a price that Agriculture Committee has worked on I could finish this, if you like? A really was not determined on an arms’ this, and they produced very good leg- class action suit accused the El Paso length basis. They were just engaging islation that will prevent, if we adopt Corporation of engaging in dozens of in bogus trades back and forth to arti- it, the kind of abuses we have seen in round trip energy wash trades that ar- ficially set a price or to artificially in- online derivatives transactions in the tificially bolstered its revenues and crease revenues for the companies on last couple of years. It is a common- trading volumes over the last 2 years. both sides of the trade. Some of these sense amendment. It simply will make CMS Energy Corp. has admitted con- transactions were done on the Inter- it easier to act against fraudulent or ducting wash energy trades that artifi- Continental Exchange. bogus energy or metals or broadband cially inflated its revenue by more As I recall, when we had the hearing trades. It is common sense. I urge my than $4.4 billion. before the Senate Agriculture Com- colleagues to adopt it. So this is important. I have a hard mittee, either early this winter or Unless anyone further wishes to talk, time, I think, as you do, that if I sell maybe even last fall, some shareholder I suggest the absence of a quorum. something to you and you just sell it on the InterContinental Exchange The PRESIDING OFFICER. The back to me and we both boost sales and came before the committee and testi- clerk will call the roll. yet nothing is really sold, that that is fied that notwithstanding the official The legislative clerk proceeded to a legitimate way of doing business. position of the exchange they, as an call the roll. Mr. FITZGERALD. Madam Presi- owner of the exchange, disagreed with Mrs. FEINSTEIN. Mr. President, I the policy of the InterContinental Ex- dent, I ask Senator FEINSTEIN if it is ask unanimous consent the order for true that under the current law no one change on this, and they favored our the quorum call be rescinded. can do anything about these wash elimination of this Enron online loop- The PRESIDING OFFICER. Without trades because of this Enron loophole hole in the commodities laws; they objection, it is so ordered. thought that the company in which Mrs. FEINSTEIN. Madam President, that is in the law. We are trying to take that out, so somebody could actu- they were a shareholder would be bet- I rise to thank the Senator from Illi- ter off if there were some regulation of ally ban this kind of fraudulent trading nois. We have worked on this now their business. practice. Isn’t that correct? through two Congresses. It was very Does the Senator recall that? clear to me that he has a great deal of Mrs. FEINSTEIN. That is absolutely Mrs. FEINSTEIN. I was not at the knowledge in this area. His advice, his correct. That is what we are trying to hearing. I do not recall that. But I support, his efforts have been very do. For the life of me, I don’t under- think whomever that was, they are cer- helpful. I think he has very clearly stand why people are against it. tainly correct because that would give stated the facts of this legislation. Mr. FITZGERALD. Does the Senator confidence to their company and to There are those who, for purposes I know why people would oppose the au- people to invest in that company which do not understand, want to make this thority of regulators to ban wash is on the up and up, which is regulated legislation out to be much more than it trades? Has anybody explained that to and which has transparency. is, some heavy requirement of Govern- the Senator? I think particularly now after what ment. Really, all we are saying is, if Mrs. FEINSTEIN. The only thing I we know has transpired over the past you are going to trade online, energy can figure is they want to do it. They that this is one of the reasons why our and metals and broadband, those trades want the unabashed ability to conduct economy has had problems in that peo- are subject to recordkeeping, to an the bogus trades. That would be the ple have lost confidence. They have audit trail, and to antifraud and only reason they would want this lit- seen these companies go down. antimanipulation oversight. tle, dark, hidden place through elec- The Senator mentioned some of the That is the same as any other finite tronic trading because there is no over- big companies that have gone down commodity. Anywhere else does this sight for fraud or manipulation. There that have done just this kind of thing. same thing. But this loophole, at the is no record kept. There is no audit At some point, Peter has to pay Paul. request, as the Senator from Illinois trail. If they don’t have the capital to handle said, of Enron—by the House, and then Mr. FITZGERALD. And no one can it, there is a problem. in a conference in 2000 they dropped the find out what prices they were trading Mr. FITZGERALD. If we had the requirement for coverage from the at, either. There is no price discovered. same problem somewhere in the stock Commodity Futures Modernization Mrs. FEINSTEIN. That is right. market and people couldn’t figure out Act. Therefore, this loophole was cre- Mr. FITZGERALD. They do not do the price of a stock by looking in the ated into which these companies these wash trades at the exchange in newspaper or looking on the Internet jumped and began to set up these on- New York because all of that would be to see what the published price of a line trading exchanges. transparent to the public. stock was on the exchange, if instead I couldn’t believe my eyes when I saw Mrs. FEINSTEIN. That is exactly you had a similar situation with a that one company announced that 80 right. That is why we suspect it. It is stock as you have with these online en- percent of the trades they did in 2001 hard to prove. ergy derivatives exchanges, and a cus- were round trip or wash trades. Again, there have been three arrests tomer had to call the exchange and ask Senator FITZGERALD just explained of Enron traders who devised these what the price of oil is trading at, but that very clearly, what a round trip or schemes. Actually two were plea-bar- you just had somebody telling you the a wash trade is. gained. There was a recent arrest last price of oil is such and such but you Mr. FITZGERALD. Will the Senator week of this fellow who apparently set had no way of verifying that, I think yield for a question? these trading schemes up for Enron. no one would want to invest in the Mrs. FEINSTEIN. I certainly will. To have a transparent marketplace, I stock market if you couldn’t discover Mr. FITZGERALD. I ask Senator think, gives confidence to the 50 per- the price, or if there was no price dis- FEINSTEIN, I was wondering, you said cent of the people who are small inves- covery.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.097 S10PT1 S7598 CONGRESSIONAL RECORD — SENATE June 10, 2003 Why does the Senator think anybody all those energy companies collapsing. that special carve-out for energy and would even want to trade on an online There were some initial reports out metals and broadband contracts that exchange in which there is no price dis- there about possibly bogus trades but were traded in an online exchange, that covery, or where there is no regulator we didn’t have that proof yet. We had they could be exempt from regulation protecting the customers from fraud, 48 votes, 2 votes shy of passing it. by anybody. Because had we not made manipulation, or abuse? Why is it that Since that time, and in the inter- that mistake, had Congress not made someone would even want to trade on vening year, we have had all the hard that mistake, it might have prevented such an exchange? Isn’t it true that, in evidence come out proving everything the manipulation and fraud and abuse fact, the InterContinental Exchange the Senator and I were saying last year that was done at the hands of a whole volume, the last I heard, was dropping on the floor of this body—that there bunch of energy companies. We might and their legitimate customers were were, in fact, bogus wash trades not have prevented that, if we had not al- going back to trading on a fully regu- only in the millions of dollars but in lowed this loophole to be included in lated exchange in New York, the the billions of dollars. How big were that Commodity Futures Moderniza- NYNEX? some of those? tion Act. And I think it is high time we Mrs. FEINSTEIN. The Senator is Mrs. FEINSTEIN. CMS Energy ad- simply close that loophole. asking me to hypothesize. I sure mitted to conducting wash energy Madam President, I will be interested wouldn’t do it. I can only assume that trades that artificially inflated its rev- to see who comes to the floor to make some sophisticated trader has worked enue by $4.4 billion. an argument that we should still have out some scheme and was utilizing it in Mr. FITZGERALD. That was prob- this loophole so that energy and metals this venue and knew that he or she was ably a huge percentage of their reve- contracts can be traded without any safe because there was no way to pin it nues—all fictitious—from doing wash oversight by any regulator, so no one on them. There were no records kept. trades on an online exchange with no can discover the price, so that there is Mr. FITZGERALD. If someone is op- economic purpose. But that fictitious no protection for the customers of erating a corrupt exchange and there is revenue was fooling the investing pub- these exchanges. no price discovery and no regulation, lic, making people think that company I will be interested to see who comes isn’t it true that a customer could call had more revenue than it actually did. to the floor and what their argument is into that exchange and say, I want to They were all just ‘‘wash’’ trades. in favor of this because, I have to tell trade oil at $30 a barrel, and the broker Mrs. FEINSTEIN. Right. May I ask you, on most pieces of legislation that could tell them he could get some oil the Senator a question? Some, I under- come before this body, it is pretty easy at $35 a barrel and just require the cus- stand, may come to the floor and want to see what the arguments will be on tomer to pay more than that customer a study. The study has already been the other side. There is normally at really should have had to pay because done, and it is the ‘‘Final Report On least a plausible public policy rationale the market wasn’t that high, there is Price Manipulation in Western Energy on both sides of the issue. But in this no way for the customer to know what Markets, Fact-Finding Investigation of case, I have to say that, looked at very the real market price is? The broker Potential Manipulation of Electric and objectively, it is hard to understand could make up a price and then keep Natural Gas Prices.’’ It was prepared how anybody could oppose this com- the difference for himself or for the ex- by the staff of the Federal Energy Reg- monsense measure to protect the integ- change. Isn’t that correct, if there is no ulatory Commission. It was put out in rity of our energy and metals trading price discovery? March of this year. markets in this country. It seems like Mrs. FEINSTEIN. That is correct. I would like to read one section of it a very commonsense piece of legisla- Mr. FITZGERALD. It seems to me to the Senator and see if he is aware of tion. that this is an absolute no-brainer to this. It reads: I compliment Senator FEINSTEIN. She close this indefensible loophole. I can’t Recommend that Congress consider giving has been tenacious in bringing this up, imagine that anybody is going to want direct authority to a Federal agency to en- and she has been persistent to make to defend the concept that we can have sure that electronic trading platforms for sure that we had the opportunity to an online exchange that is open for wholesale sales of electric energy and nat- offer the amendment on the floor. business with the public, although not ural gas in interstate commerce are mon- Madam President, I yield the floor. retail customers, I gather, but institu- itored and provide market information that The PRESIDING OFFICER. The Sen- tional customers, where it is just a is necessary for price discovery in competi- ator from California. black hole which no one can regulate tive energy markets. Mrs. FEINSTEIN. Madam President, and can’t ban wash trades where there Mr. FITZGERALD. So you are saying I would also like to point out another is no price discovery. What in the the FERC has done a study in which study that has been done in a CRS re- world would be the objection to closing they have already concluded that we port for Congress, and that was dated this loophole and having some mod- basically need to close this loophole so January 28 of this year, pointing out icum of oversight to protect the people there can be some price discovery and that this bill was presented in the last who may want to use this exchange and some monitoring of these energy mar- Congress and probably would be pre- to protect the integrity of the market? kets? sented in this Congress. One of the Mrs. FEINSTEIN. The Senator is ab- Mrs. FEINSTEIN. That is correct. points it makes is that if over-the- solutely correct. When we had this vote This is the report. It is a final report. counter derivatives dealers were re- in the last Congress, if I recall cor- It was done in March 2003, so it has quired to keep and make available for rectly, we got 48 votes. It wasn’t really been circulated for a few months. inspection records of all trades and to crystal clear what the excesses were at Additionally, our legislation has the disclose information about trading vol- that time. Now we have documentation support of the chairman of the Federal ume and prices, abuses like the ones we of the excesses. We have literally bil- Energy Regulatory Commission. We have been talking about would be easi- lions of dollars of fraudulent trades, have kept in touch with him so he is er to detect and, thus, presumably less wash trades, round-trip trades, what- aware of what is in the report, and, of likely to occur. ever you call them, but fraudulent course, the former chairman of the Ag- That is really the purpose of this: not trades. So we know. We also know that riculture Committee, Senator HARKIN, to allow sort of a secret niche in the Mr. Fortney was arrested and two oth- and former ranking member of the Ag- trading arena where people could go to ers have plead guilty to creating these riculture Committee, Senator LUGAR. hide and trade, but to bring the sun- schemes. To continue to allow that Mr. FITZGERALD. Madam Presi- shine into that niche and to provide— kind of thing to exist would be a real dent, and my dear colleague from Cali- and it is very conservative—regulation dereliction of this Congress. fornia, I think this is simply common- of what they must do. Mr. FITZGERALD. There really is a sense legislation and long overdue. I I know my friend and senior Senator difference between this year’s vote and think it is unfortunate that we made from Nevada has proposed an amend- last year’s. Last year when the Senator the mistake when passing the Com- ment. Regrettably, I have to vote and I had this amendment on the floor, modity Futures Modernization Act against the amendment. This bill had it was in the immediate aftermath of back a few years ago, which created been worked out with Senator HARKIN

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.100 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7599 and Senator LUGAR. My understanding My point, I repeat, is that I am doing I understand during the night there is they believe we should close the my very best to cooperate as I have was a dissipation of the protest. A loophole entirely, not leave one area been advised by the Democratic leader number of the student protesters—this sort of in the dark, so to speak. we should do everything we can to help was outside Tehran University—who I am troubled by the amendment be- with this bill. But help is a two-way were protesting dissipated. Rather cause our reading of the amendment street. When an amendment is offered than going back to their dorm rooms, indicates that it effectively exempts that people don’t like, you just can’t they have gone and dispersed to other metals entirely without any oversight have them leave rather than a single places because, after the 1999 protest, a or regulation by the CFTC, even less word being spoken against the amend- number of the Iranian military guard than under current law. In good con- ment of the Senator from California went to the dormitories and arrested science, I cannot do that. other than my amendment which they en masse a number of students and So I think we made the arguments, have agreed to accept. they were roundly punished. Madam President. And with what has Having said that, wanting to con- We have also received reports that happened—and now that we know the tinue to move this important piece of Iranian Government forces are beating extent of the fraud that has taken legislation, I note the absence of a up on the protesters, firing warning place online—not to close that loop- quorum. shots at them. I do not have that hole, I think, would be a terrible blot The PRESIDING OFFICER. The verified but we have received these re- on this Congress. clerk will call the roll. ports. So I am hopeful we will have a posi- The assistant legislative clerk pro- I call this to the attention of Mem- tive vote. ceeded to call the roll. bers of this body because there has I thank the Chair for your indulgence Mr. REID. Mr. President, I ask unan- been a lot of discussion going on at the and yield the floor. imous consent that the order for the present time of U.S. policy towards Mr. REID. I suggest the absence of a quorum call be rescinded. Iran. I think it is clear the United quorum. The PRESIDING OFFICER. Without States should clearly stand with those The PRESIDING OFFICER. The objection, it is so ordered. who stand for democracy. clerk will call the roll. Mr. EDWARDS. Mr. President, I was We don’t know if the student protest The legislative clerk proceeded to unavoidably absent for rollcall vote is going to go ahead and mature fur- call the roll. No. 212 on the Dorgan amendment. ther or not, or if it is going to further Mr. REID. Mr. President, I ask unan- Were I present for that vote, I would brutally be put down. imous consent that the order for the have voted in favor of the amendment. This is in a buildup to a July 9 pro- quorum call be rescinded. f test that had been planned for a num- The PRESIDING OFFICER (Mr. AL- MORNING BUSINESS ber of months, to recognize the July 9, EXANDER). Without objection, it is so 1999, student protest that was brutally ordered. Mr. REID. Mr. President, I ask unan- put down by the regime. This has been Mr. REID. Mr. President, I have been imous consent that the Senate now building. In anticipation of that, the working with the two sponsors of this proceed to a period of morning business regime in Tehran—and this is a dic- legislation. They have agreed to take with Senators allowed to speak for a tatorial regime that has never been my amendment. I have spoken with the period not to exceed 10 minutes each. elected, the rulers have never been se- The PRESIDING OFFICER. Without majority and they say, no, they didn’t lected by the people in Iran—arrested objection, it is so ordered. want it to be done tonight, maybe to- these student leaders in advance of Mr. REID. I suggest the absence of a morrow. I would simply say that we in July 9 in an effort to put it down before quorum. good faith have worked, as I told the The PRESIDING OFFICER. The it gets started. majority leader I would do, to try to clerk will call the roll. This is deplorable. This is not democ- move this bill along. Moving this bill The assistant legislative clerk pro- racy. The United States should stand along does not mean they are only ceeded to call the roll. with those who stand for democracy. going to be happy if we offer amend- Mr. BROWNBACK. Mr. President, I We should have a clear official policy ments that they like. The Senator ask unanimous consent that the order that our position toward Iran is to sup- from California in good faith offered for the quorum call be rescinded. port those who support democracy and this amendment. Whether people like The PRESIDING OFFICER. Without we support democracy in Iran. We it or not, if we are going to move this objection, it is so ordered. stand for that with the Iranian people. Energy bill along, we have to vote on it Mr. BROWNBACK. Mr. President, I There has been a growing, bur- in some way. But it is my under- ask unanimous consent to speak in geoning movement in Iran of young standing that tonight nothing is going morning business for up to 10 minutes. people who do not want anything to do to happen. The PRESIDING OFFICER. The Sen- with this dictatorial regime. They have It is pretty obvious nothing is going ator has that right. lived, now, some 25 years, over 25 years to happen. There has been nobody here. f under this militant, dictatorial regime There has been nobody here to oppose that supposedly has put Islamic law in her amendment. Of course, no other IRAN place and they are tired of it and they amendments can be offered until this Mr. BROWNBACK. Mr. President, I want no more of it. They want no more one is set aside. don’t want to overly belabor the point of it and they are willing to put for- I just want the record to so reflect at but there is a very important thing ward their lives in this gallant effort, a later time, when people come and happening on the other side of the this brave push for democracy. That is say, we should try to move this bill world, in Iran, at this very time. My of- their desire. along, and there have been statements fice has been receiving, now, numerous I call on the Iranian Government to on the floor made by the manager and reports of a growing protest in Iran stop beating and harassing their own the majority leader that they wanted taking place right now. This is within people. The students are shouting: to finish this bill this week. the past couple of hours. It is dawn in Khatami, Khatami, go away. I was asked at lunchtime, how did I Tehran, as I speak. It is estimated that These are the same students who feel about finishing the bill this week. this past evening between 5,000 to 8,000 gave President Khatami his start 7 I said to the reporters asking me: When students are joining protests against years ago. He was elected as a re- you step back a little bit, there is the Government’s crackdown on stu- former, which he has not produced on. about as much chance of our finishing dent democracy dissidents. Instead, he has continued with the this bill this week as my turning a Recently, five student leaders were same totalitarian way. back flip here in front of the two of arrested in advance of the July 9 anni- I believe he was one of seven can- you. versary of the original mass student didates at the time selected by the rul- The record should reflect, I can’t protest in 1999. Even though it is now ing mullahs to be able to run in front turn a back flip and never have been almost dawn in Tehran, the protest has of the people, and the people selected able to. continued. the most reformist, most hope minded.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.102 S10PT1 S7600 CONGRESSIONAL RECORD — SENATE June 10, 2003 He has not produced. But they didn’t to as the reachback companies—that I sincerely hope that the Ways and get a free selection. Nor does were no longer in the coal mining busi- Means Committee will take up legisla- Khatami—I want to identify this as ness to participate and assessed them tion during this session of Congress to well—have free control. The ruling liability to pay in to the Coal Act’s continue this program for coal mine re- mullahs continue to control the mili- combined benefit fund, CBF. This ret- tirees and their beneficiaries in a retary secret police, foreign policy, and roactive tax has been so crippling for a sponsible fashion, while ending the un- the treasury. number of companies that many have fair taxation imposed on businesses no They control, not President been driven into bankruptcy. The very longer active in the coal mining busi- Khatami. So it is a system where existence of many other companies ness. unelected, unselected dictators bru- that are subject to this tax is in danger Such legislation should do four talize a country, an elected reformer is due to the heavy obligation this tax things. First, it should provide for per- not allowed to reform, and he isn’t imposes on them. manent solvency for the combined ben- even selected by the people. He has to Needless to say, the provisions of the efit fund. Second, it should relieve all go through a selection process by the Coal Act that created the CBF were reachback companies of prospective li- ruling mullahs, so only appropriate hastily crafted and rushed into law ability. Third, the long-overdue refunds candidates can run for office. And the without the benefit of hearings in the to the superreachback companies students are tired of it. They are fed up Senate Finance Committee or serious should be satisfied immediately. Fi- with it, they are protesting, and they examination by the Senate. nally companies with an ongoing are being brutalized in the process. The combined benefit fund is not reachback liability should be given an We should support the student move- only financed by the taxes on these opportunity to prefund their obliga- ment for the July 9 nationwide protest reachback and superreachback compa- tions on an actuarially sound basis. in Iran. We should state that it is U.S. nies. At its inception, the coal miners’ If the Ways and Means Committee policy to stand for true democracy in pension funds were used for part of the can send us this legislation, the Fi- Iran. startup money for the fund. It is addi- nance Committee will be most happy This is a great nation of great people. tionally funded through current trans- to receive and examine it so this issue It is going to make a wonderful open fers of the surplus interest income of can finally be resolved. democracy when it is liberated and the abandoned mine lands reclamation f opened up. These students are trying to fund, or the AML. As of 2003, those BURMESE FREEDOM AND pave the way for that to occur. transfers have been in the hundreds of DEMOCRACY ACT This is how history is made. It is millions of dollars. made one brave act at a time. The Since the beginning, the solvency of Mr. LEAHY. Mr. President, I strong- world is watching how the regime the CBF has been in question. Even ly support the Burmese Freedom and treats the students, the protesters, and now, the possibility exists that, with- Democracy Act of 2002, introduced by it will hold this regime accountable. out reform in the near future, this fund Senator MCCONNELL and Senator FEIN- In Iran they have a saying that they could fail putting in jeopardy the coal STEIN. This legislation seeks to pres- yell frequently: ‘‘Free Iran.’’ As these miner retirees’ health care benefits. To sure the military junta in Burma to re- protesters are yelling ‘‘Free Iran,’’ that temporarily stabilize the CBF, Con- lease Aung San Suu Kyi and help bring should be our call as well: Free Iran. gress appropriated $68 million for fiscal democracy and human rights to Mr. President, I yield the floor. year 2000 and another $96 million for Burma. Several days last week, Senator f fiscal year 2001 and $35 million for fiscal year 2003. These ad hoc appropria- MCCONNELL came to the floor to speak VOTE EXPLANATION tions are not a permanent solution and on this issue. I want to commend him Mr. BIDEN. Mr. President, yesterday do nothing to guarantee that retirees for his steadfast leadership, and asso- evening the Senate confirmed the nom- will continue to receive health benefits ciate myself with his remarks. I have ination of Michael Chertoff to the in future years. For some younger re- also joined as an original cosponsor of United States Court of Appeals for the tirees, the benefits from the CBF is this legislation. Third Circuit. I was in Delaware at- their only source of health care until The message that we are sending to tending a funeral last evening and, ac- they are eligible for Medicare. For the ruling junta in Burma is clear: Its cordingly, was unable to attend yester- older retirees, it serves as a kind of behavior is outrageous. Aung San Suu day’s vote on Mr. Chertoff’s nomina- Medigap policy. Kyi is the rightful, democratically tion. I wish to note for the record, how- In addition to reachback companies, elected leader of Burma. She and her ever, that I would have voted for Mr. the current law imposed crippling fellow opposition leaders must be im- Chertoff’s confirmation yesterday, hav- taxes on companies such as Plumb Sup- mediately released. This legislation ing voted to report favorably his nomi- ply in my home State of Iowa. Plumb also sends a clear signal to the admin- nation from the Judiciary Committee Supply has been designated as a istration, ASEAN members, and the last month. superreachback company. The international community that we need f superreachback companies were re- to turn up the heat on this illegitimate lieved of their prospective liability by regime. THE COAL ACT the U.S. Supreme Court since 1998. The efforts of Senators MCCONNELL Mr. GRASSLEY. Mr. President, I rise They were not, however, afforded re- and FEINSTEIN are already having an today to call attention to an issue funds of those improperly assessed impact. On June 5, 2003, the State De- whose time for reform and resolution taxes they had been required to pay partment issued a strong statement on has come. I am speaking of the so- into the CBF. This hurts Plumb Supply this matter, which reads: called ‘‘reachback’’ and ‘‘super- and all other similarly situated compa- The continued detention in isolation of reachback’’ issues enacted in the Coal nies. The superreachback companies Aung San Suu Kyi and other members of her Act in the 1992 Energy bill. This insid- have been waiting patiently for the re- political party is outrageous and unaccept- ious tax has caused numerous busi- turn of their money for nearly 7 years. able. We call on the SPDC to release them immediately, and to provide all necessary nesses to fail over the past 10 years as Many of us in the Senate, along with medical attention to those who have been in- a result of its inequitable taking from our colleagues in the House of Rep- jured, including assistance from inter- those that should not have been in- resentatives, pursued legislation aimed national specialists. The offices of the Na- cluded in this effort in the first place. at solving the reachback issue in a tional League for Democracy closed by the The Coal Act obligated companies to comprehensive manner during the SPDC should be reopened without delay and pay an annual tax to cover premiums 106th and 107th Congresses. We took on their activities no longer proscribed. of coal miner retirees’ health care ben- these efforts in order to create sta- But we all know that U.S. actions efits. Not only did the Coal Act require bility and fairness in the combined can only go so far. Bringing democracy companies then active in the coal min- benefit fund, and to thereby provide a and human rights to Burma will re- ing business to pay but it also retro- solution that would address the needs quire active pressure from its neigh- actively required companies—referred of all interested parties. bors in Southeast Asia, particularly

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.105 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7601 Thailand, Japan, and China. It will re- I say to the people of Burma that the stallations here by deployed personnel. quire these and other nations to dis- people of the United States support We also have Idahoans continuing to avow the failed policies of engagement. you and share your values. We admire serve in Operation Enduring Freedom, these policies simply have not worked. your courage, and commend your brav- and in the fight against terrorism. I I am pleased to see that the McCon- ery. We will continue to support your have spoken before of MAJ Gregory nell-Feinstein legislation attempts to struggle, as long as this oppressive re- Stone and CPL Richard P. Carl, both trigger a process that will ratchet up gime remains in power. soldiers from Idaho who lost their lives the regional pressure on the Burmese The United States has a long history in Operation Iraqi Freedom. I now ask Government. I am also glad to see that of supporting democratic change and for a moment of silent prayer and re- the United States has demarched every condemning regimes that repress and flection from my fellow Senators as we government in Southeast Asia on this disregard the will of the people. This consider what their dying, as well as issue. most recent attack on democratic re- over 150 other men and women who In closing, I want to highlight the formers in Burma only underscores the have met the same fate in this conflict, fact that the U.N. Envoy, Razali need for the U.S. to be vigilant in voic- has accomplished for our personal free- Ismail, was finally able to see Aung ing strong disapproval with the actions dom. San Suu Kyi. According to CNN, Mr. of the current regime, and assist the le- Thankfully, many of those who were Ismail said that she shows no signs of gitimately elected leaders of Burma to called to military service from Idaho injury following clashes with a pro- bring much needed democratic reform have just recently returned safely government group. His exact words and respect for universally recognized home. Yet their experiences overseas were ‘‘she did not have a scratch on her human rights to the people of Burma. will remain with them for the rest of and was feisty as usual.’’ That is in- f their lives. deed good. Some may remember lines of tanks I was also glad to see Mr. Ismail call HONORING OUR ARMED FORCES rolling ominously forward under a on the members of ASEAN to drop the Mr. CRAPO. Mr. President, today I dusty sky, marred by waves of heat organization’s policy of noninterven- rise to pay tribute to those members of emanating from the desert floor. That tion. He stated: ‘‘ASEAN has to break the Armed Forces who have served and memory may be infused with the pun- through the straitjacket and start continue to serve in Operation Iraqi gent odor of layers of sweat and grime dealing with this issue. . . . The situa- Freedom. Countless women and men under desert camies, mingled with the tion in Burma can only be changed if have answered the call of our country acrid odor of burning gasoline and oil. regional actors take their positions to to preserve and protect our freedom Others may remember pulling the trig- act on it.’’ against those individuals and regimes ger on their weapon and seeing death I agree. The international commu- that would seek to compromise or de- for the first time in their young life. nity has a responsibility to act to- stroy our way of life. Reservists have They may remember being close gether to pressure the SPDC. The time left civilian lives behind, parting with enough to smell it and feel it, or feel as for appeasement is over. wives, husbands, parents, children, and if their own was but a whisper away. Mr. ALLEN. Mr. President, I rise friends in order to fulfill their commit- Still more may remember the sight of today to condemn the ongoing repres- ment to our country’s defense. Active crowds, pushing against one another, sion of the democracy movement in Duty military members have gone from some greeting the American soldiers Burma. This latest crackdown has in- merely conducting exercises mim- with cheers of gratitude, some scream- cluded the rearrest and injury of Daw icking war, to leaving their homes and Aung San Suu Kyi and brutal attacks ing epithets, some shamelessly begging families to engage in the real thing, on on her supporters. Burma’s regime has for food and water to feed themselves foreign soil, thousands of emotional ignored the basic human rights of its or their starving families, and others and physical miles from familiarity citizens and is intent only on pre- simply greeting this modern army in and comfort. These brave soldiers, air- serving its own brutal grip on power. grim, expressionless silence brought on Since last May, the international man, marines, and sailors do their jobs by years of brutal repression and loss. community has significantly decreased in a place where injury and death lie in The smell of desperate, poverty-strick- pressure on Burma’s regime. During wait at every turn. The next rise in the en humanity, and the sounds of raw that time, we have seen only increased gritty, windblown landscape may hide emotion cascading forth in an uninhib- abuses. The numbers are staggering: 160 pounds of profound desperation ited tidal wave after a lifetime of un- Burma’s regime has forcibly con- peering from behind the barrel of a checked tyranny, may remain forever scripted 70,000 child soldiers, far more gun. The building around the corner embedded in the memories of many of than any other country in the world. needing to be secured might be rigged those soldiers. Finally, and very trag- The regime has tortured and locked up with enough explosives to make a ically, some will never forget a life 1,400 political prisoners. Even worse, small child’s father or mother nothing that slipped away while they clutched the regime has borrowed a tactic from but a memory. floating just beneath a friend’s bleeding body to their chest the Bosnian war by using rape as a the roiling surface of the water, there in shared agony. weapon of war, heaping misery on might be a mine, with deadly patience I give account of these images to re- countless women and girls. waiting for the next ship to pass over- mind us of the grim reality of war, and Clearly, the United States and the head so that it can accomplish its grue- the tremendous sacrifice that these international community must more some mission. These are some of the noble women and men have made so actively address the situation and hazards our military members face in that we can continue to live in glorious Burma and take available steps to pre- their jobs. Frankly, it makes our job in freedom. We tend to take for granted, vent further violence against those these marble halls seem significantly at times, the price that is paid for this seeking desired democratic reform. less perilous. amazing gift. The cost comes not only As my colleague from Kentucky Sen- I speak today to recognize in par- in the loss of life, but the loss of inno- ator MCCONNELL has stated forcefully ticular those faithful men and women cence. The cost is borne by family and eloquently over the last two from my State—Idaho. We have had ap- members as well, and by those, whom weeks, the United States must provide proximately 450 reservists and active- never having set foot outside this coun- international leadership. Next week, duty members called to serve in the try, bear the scars of a father, mother, Thailand’s Prime Minister Thaksin war. That may not seem like a large husband, wife, son or daughter forever Shinawatra will be visiting Wash- number compared to those from some gone from this life. ington, DC to meet with the President other States, but proportionately it This body voted to support a decision and other senior government officials. represents a significant percentage of to send these men and women into This meeting would provide an ideal Idahoans. We also have countless other harm’s way. Lest the proud soldiers opportunity to urge the Prime Minister soldiers who have family and friends from Idaho, and their persevering fami- to make every effort to formulate a who call Idaho home. This number does lies, think that I came to that decision policy to help bring about positive not include the over 160 who were acti- lightly, I stand now before you and rec- change in Burma. vated to fill positions vacated at in- ognize their tremendous bravery in the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.034 S10PT1 S7602 CONGRESSIONAL RECORD — SENATE June 10, 2003 face of danger, their courage in the of attorney’s fees available to whistle- [From the Rock Hill (SC) Herald, June 9, face of death, and their unequivocal blowers who prevail in court. In addi- 2003] commitment to preserving the ideals of tion, under the bill, consequential dam- FORMER CONGRESSMAN LEAVES LEGACY OF liberty and democracy. I want to con- ages may be suffered by the employee DEDICATION vey no doubt that their decision to be- if they are the result of a prohibited (By Andrew Dys) come a member of the most well- personnel practice. He voted to create Medicaid and was proud trained, professional military in the Whistleblower information is one the rest of his life—but he was just as proud world places them in my highest es- tool in helping the Government and to know the doormen and elevator operators teem. With gravity and sincerity, I in the U.S. Capitol by first name. Tom private sector find ways to prevent fu- Gettys, a working-class man from Rock thank them and I honor them. They ture terrorist attacks as well. Though Hill’s Hampton Street who went on to behave given me, my wife, and most im- certain safeguards remain for intel- come a Congressman from South Carolina’s portantly, my children, and yours as ligence-related or policy-making func- 5th District from 1964 to 1974, died Sunday at well, the priceless gift of freedom. tions, the Federal Employees Protec- Westminster Towers in Rock Hill. Gettys f tion of Disclosures Act maintains ex- was 90. isting whistleblower rights for inde- Gettys’ legacy of grace, dedication and FEDERAL EMPLOYEE PROTECTION constituent service is one that current 5th OF DISCLOSURES ACT pendently obtained critical infrastruc- District Congressman John Spratt, D-York, ture information without fear of crimi- has tried to emulate during his own 20 years Mr. LEAHY. Mr. President, I am nal prosecution. These protections are proud to be an original cosponsor of in Congress. Gettys’ record is not in the laws needed to encourage individuals to sub- he passed, but the people he helped. the Federal Employees Protection of mit information to the Government ‘‘His life exemplified what living in a de- Disclosures Act, a bill to ensure that about cyberattacks or other threats mocracy is all about,’’ Spratt said Sunday Federal employees can report fraud, that might affect the Nation’s critical night. ‘‘Everybody in this district not only waste, and abuse within their employer infrastructures. respected Tom Gettys, but they loved him as Federal agencies without fear of retal- well. Tom had a natural, easygoing affinity Whistleblowers have proven to be im- iation. I cosponsored this much needed for people and the problems they had to live portant catalysts for much needed Gov- reform in the last Congress and com- through. Tom Gettys will be missed by all of ernment change over the years. From us.’’ mend the junior Senator from Hawaii corporate fraud to governmental mis- Gettys was born on June 19, 1912, and was for reintroducing it today. Congress conduct to media integrity, the impor- educated at the public schools in Rock Hill must encourage Federal employees tance of whistleblowers in galvanizing and later at Clemson and Erskine College. He with reasonable beliefs about govern- positive change cannot be questioned. I was principal at the now-defunct Central El- mental misconduct to report such ementary School in Rock Hill from 1933 to urge my fellow Senators to support fraud or abuse, but it must also protect 1941. this important bill. those who blow the whistle rather than Gettys volunteered for the Navy in World leave them vulnerable to reprisals. War II after the bombing of Pearl Harbor, Unfortunately, whistleblower protec- f and Spratt remembers Gettys was fond of saying ‘‘Admiral Nimitz and I did all right tions under current law have been over there in the Pacific.’’ weakened by the Federal circuit, the IN MEMORY OF FORMER 5th District Congressman Dick Richards court that now possesses exclusive ap- CONGRESSMAN TOM GETTYS called on Gettys to run his staff in Wash- pellate jurisdiction over such claims. Mr. HOLLINGS. Mr. President, to- ington for seven years. A political future hatched in Washington, but Gettys did more The Federal circuit has issued a num- morrow I will be attending the funeral ber of rulings that erode whistleblower than politick the back hallways of Capitol of a former colleague from the South Hill—he studied law at night and passed the rights in direct contradiction to the Carolina congressional delegation, plain language of the law and the con- bar exam, and even was Rock Hill’s post- Tom Gettys, and I rise to recognize master upon his return from Washington gressional intent of established whis- this legend from Rock Hill. from 1951 to 1954. tleblower protections. The potential I have known Congressman Gettys Before Gettys won his spot in Congress in chilling effect of these decisions for many years. He came to Wash- 1964 against a crowded four-man field, he was threatens to undermine the funda- a lion of Rock Hill civic life, serving as presi- ington 2 years before I did, having al- mental purpose underlying whistle- dent of Rotary, the Chamber of Commerce, ready been an officer in the Navy, a blower laws. The Federal Employees the YMCA and even as chairman of the Rock school principal, a postmaster, and so Protection of Disclosures Act will ad- Hill School Board. After his return, he be- he came in with a reputation of a per- came a part of the civic fabric of Rock Hill. dress this problem by expanding judi- son’s person. It did not matter who you The city honored Gettys by naming the old cial review of such cases to all Federal were in the world, he was your buddy; federal courthouse on East Main Street in circuit courts of competent jurisdic- and since he was in a position to help his honor in 1997, a building now called the tion. Jurisdiction will then include the Tom S. Gettys Center. people as a Member of Congress, he place where the whistleblower lives or Gettys had a stroke several years ago and would and he did. where the Government misconduct oc- months ago moved from his longtime Myrtle curred. He stayed just 10 years, but he made Drive home into Westminster Towers. He The bill also updates the current law. an impression for the next 30. I never maintained contact with old friends, how- For example, it clarifies that whistle- heard a single bad thing said about ever, and regularly attended bi-weekly meetings of the Rock Hill Rotary Club when his blower disclosures can come in many him, and I don’t know very many politicians I can say that about. He has health would allow. forms—such as oral or written, or for- John Hardin, former Rock Hill mayor and mal or informal disclosures. It also been out of office since 1974, but every- lifelong friend, said Gettys and he were part broadens current law to reflect that re- body in my State still always refers to of a weekly golfing outing with A.W. Huckle, porting occurs in many different areas, him as Congressman because he was publisher of The Evening Herald, and banker such as over policy matters or indi- just one great guy who cared about George Dunlap. vidual misconduct. The law expands people. This Senator will miss this gen- ‘‘I had known him since childhood,’’ Har- din said, ‘‘but we became intimate friends the current list of prohibited personnel tleman, always the statesman, always the one with a good story. after World War II.’’ actions against a whistleblower in two Gettys, a Navy officer, was assigned to ways: One, the opening of an investiga- Tomorrow, I will extend the Senate’s Iowa but requested overseas service and tion of the employee, and two, the rev- sympathy to his wife Mary, and his jumped at duty in the Pacific. ocation of a security clearance. The daughters Julia and Sara. And to share Hardin, who ran First Federal Savings and bill also ensures that appropriate dis- just how much Tom meant to his com- Loan, saw Gettys frequently when he trav- ciplinary actions are taken against munity, I ask unanimous consent that eled to Washington to lobby as president of managers who negative actions toward this article from the Herald in Rock the Savings and Loan League. ‘‘The thing he liked best was trying to help Hill be printed in the RECORD. employees were motivated in any way people,’’ Hardin said. ‘‘He was great at what by the employee’s whistleblowing. There being no objection, the article they call constituent service. He was more More practical reforms are also in- was ordered to be printed in the interested in helping people than in passing cluded, such as making the collecting RECORD, as follows: legislation.’’

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.036 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7603 Gettys was a great teaser, and he often Madisonville and Monroe County had history—a senseless school shooting at would catch people by surprise by asking if been working on this for months. Thurston High School in Springfield. they enjoyed the casserole he sent. When The community joined together to The shock waves from that awful event told that, no, they hadn’t gotten a casserole, make the Veterans Flag Memorial still reverberate in our State and in Gettys would respond, ‘‘Well, I left it on the our schools. But as so often happens in porch. The dogs must have gotten it.’’ something to be proud of. Along with The former congressman cultivated stories the impressive flag, a brick wall was the face of great evil, good people stand about being tightfisted, but in reality, he erected. together in grief to create hope for a was a gentle, caring person, Hardin said. Businesses donated bricks, mortar, better future. ‘‘He had the best sense of humor,’’ Hardin concrete and a variety of services from In the case of the Thurston shooting, said. ‘‘I don’t know anyone who had a better architectural to brick masonry. Citi- that beacon of hope is the Ribbon of one.’’ zens donated approximately $70,000 to Promise campaign. Five years after the Another former Rock Hill Mayor, Betty Jo the project, including contributions shooting, the campaign is continuing Rhea, called Gettys, ‘‘One of my favorite and brick sales. The brick sales were its work to prevent school violence. Be- people.’’ reserved for veterans and active duty cause of the impact the campaign has Gettys’ reputation as the hometown guy made and the lives it has saved, I rise turned legislator is deep in the memories of military. The memorial has been a Rock Hill residents. People knew Gettys had labor of love for the community. The today to recognize this program and its many jobs before he ran for Congress and dedication ceremony to celebrate this volunteers as a Health Care Hero for that he came home when he was finished his hard work was an important event. Oregon. work in Washington. As I drove up to Haven Hill Memorial The Ribbon of Promise National ‘‘Tom was my husband Jimmy’s principal Gardens, where the ceremony was to be Campaign to Prevent School Violence when he was at Central School on Black held, it started to rain; then it poured. was founded on May 22, 1998, the day Street in the early 30s,’’ Rhea said. Thunderstorms arrived, and lightning after the Thurston shooting. Thurston Gettys is survived by daughters Julia and was one of several school attacks oc- Sara and his wife of 55 years, Mary Phillips began to dance in the sky. Not many of us wanted to get too close to the 150 curring across the Nation, from Pearl, Gettys. Funeral arrangements will be an- MS, to Jonesboro, AR. While still in nounced later. foot flagpole. His sister Sara, who still lives in Rock But through it all, the ceremony the throes of grief, the Springfield Hill, said the Tom Gettys people knew from went forward. There must have been community decided enough was enough public life was the same guy the family 500 people who sat there in the rain, ab- and began the work of preventing fu- loved. Even after 10 years in Congress, Tom solutely drenched. And then, the sun ture attacks. Gettys was a Rock Hill boy deep in his Overnight, the Springfield area came out as the program began. bones. bloomed with miles of blue plastic rib- The most impressive moment came ‘‘He was a great person who looked after bons decorating cars, mailboxes, with the raising of the flag. Twenty all of us,’’ Sara Gettys said. ‘‘The man who lampposts, trees and lapels, signaling men marched forward carrying the went to Washington was the same man when the community’s support for the vic- he came home.’’ flag. It was soaking wet and very tims and their families. The ribbons heavy. This is what the organizer of f promised to end the specter of school the event, City Alderman Irad Lee, LOCAL LAW ENFORCEMENT ACT violence, a promise repeated at candle- wrote to me: OF 2003 light vigils, community gatherings, I was told by the commander of the Ten- Mr. SMITH. Mr. President, I rise and funerals. nessee State Guard that had we waited an- But the promise didn’t end when the today to speak about the need for hate other five minutes, the flag would have been media attention subsided. The ribbons crimes legislation. On May 1, 2003, Sen- too heavy for their twenty men to carry. I were woven together into a grassroots ator KENNEDY and I introduced the am unsure how much a saturated 1,800 square organization dedicated to making a na- Local Law Enforcement Act, a bill that foot flag weighs, yet one young man named Dwight Taylor of 312 Atkins Road in Mad- tional impact on the problem of school would add new categories to current isonville, a city maintenance crew worker, violence. The resulting campaign, the hate crimes law, sending a signal that auxiliary policeman and patriot, endured Ribbon of Promise, identified its mis- violence of any kind is unacceptable in while cranking the flag to the top of flag- sion as bringing communities together our society. pole. with schools, law enforcement, and the I would like to describe a terrible I watched Dwight Taylor crank that juvenile justice system to prevent crime that occurred in Lincoln Park, flag to the top of the pole. I was aston- school violence. Today, the organiza- MI, on September 19, 2001. Mr. Ali ished to see one man do that. It was a tion continues to fill its role by acting Almansoop, a 45-year-old U.S. citizen tribute to his patriotism and strength. as resource for communication, edu- originally from Yemen, was shot to It seemed at the time an impossible cation, and action against future at- death by a man who confessed the at- feat. tacks. tack was in retaliation for the Sep- But so does the history of this coun- Since the campaign’s inception, the tember 11 tragedy. The attacker broke try that our flag represents. ribbons have appeared in many impor- into the apartment where Mr. When Americans want to see the tant places. President Clinton wore one Almansoop was asleep, dragged him grandest flag in Tennessee, they will when he traveled to Eugene for a Thur- out of bed, and shot him in the back as travel to Madisonville. And it is appro- ston memorial service. NASA crew- he attempted to flee. The Department priate that they do so. member Wendy Lawrence took the rib- of Justice investigated the slaying as a Congressman JIMMY DUNCAN told the bon on the shuttle Discovery in 1998. hate crime murder. crowd that Monroe County sent more Since that time, over 250,000 lapel rib- I believe that government’s first duty volunteers to Desert Storm in the Gulf bons have been distributed across the is to defend its citizens, to defend them War for its population size than any world. against the harms that come out of other county in America. This is yet Results of the campaign have been hate. The Local Law Enforcement En- another example in our history of Ten- tremendous. The group’s web site has hancement Act is a symbol that can nessee living up to its nickname, ‘‘The become a primary resource for violence become substance. I believe that by Volunteer State.’’ prevention information. Springfield passing this legislation and changing I felt privileged to be a part of the High School’s DECA class developed a current law, we can change hearts and Armed Forces Day event, and I wanted video called By Kids 4 Kids, launching minds as well. the nation to know about the patriotic the student arm of the campaign. This f citizens of Madisonville and Monroe important program, also known as County, TN. BK4K is teaching students to speak out ARMED FORCES DAY f when they hear threats of violence. Mr. ALEXANDER. Mr. President, on This information, spread from student May 17, Armed Forces Day, I drove HEALTH CARE HERO to student, is often the only way down to Madisonville, TN to partici- Mr. SMITH. Mr. President, 5 years schools, parents, and law enforcement pate in the raising of the largest Amer- ago, the State of Oregon witnessed one have the opportunity to prevent vio- ican flag in our State. The people of of the greatest tragedies in its 150 year lent attacks. The BK4K campaign is

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.108 S10PT1 S7604 CONGRESSIONAL RECORD — SENATE June 10, 2003 changing the student culture of our honest and intelligent analyses of the Nation’s seventh national park and the Nation, teaching kids to break their issues. You could count on him to give first one created to protect a cave. It code of silence in order to save lives. you the straight scoop about any issue. was designated as a National Game Scores of other campaign accom- He would not fudge the facts just to fit Preserve on August 10, 1912. plishments include a parent informa- his personal policy preferences. When But Wind Cave’s history is recorded tion program, a network of 24-hour re- my staff gave me information from Al as part of Black Hills history from the port hotlines across the country, and Davis, I knew I could rely on it. time Native Americans told stories of continued research on the problem of The combination of respect and affec- holes in the ground that blow wind. school violence. While there remains tion that many members of the Senate The first recorded discovery of Wind much work to be done, the accomplish- family had for Al Davis is a testament Cave dates to 1881 when Jesse and Tom ments of the Ribbon of Promise cam- to his intelligence, his ability, and his Bingham were first attracted to the paign are very real. But the best result huge and warm heart. The Senate was cave by a whistling noise. As the story of their work is the safe return of stu- considering the conference report on goes, wind was blowing out of the cave dents at the end of each schoolday. the reconciliation tax bill when it be- entrance with such force it blew off Oregon continues to mourn for the came known that Mr. Davis was not Tom’s hat. A few days later, when victims of the Thurston shooting. But likely to recover. The sense of sorrow Jesse returned to show the phenomena we also have hope that through the ef- and loss felt by Senate staff on the to some friends, he was astonished to forts of this outstanding organization, floor that day was immense. For many find the wind had changed directions further violence in our State has been of those staff, it was hard to imagine and his hat was sucked into the cave. Since that time, notable visitors prevented. I thank all the volunteers not being able to pick up the phone to have included Charlie Crary, the first and staff of this great campaign and ask Al about an issue. They understood designate the Ribbon of Promise as a person reported to enter the cave; J.D. the quality of reporting on tax and en- McDonald, whose family gave the first Health Care Hero for Oregon. titlement issues would be diminished f cave tours and sold cave formations to because Al would not be around to ex- J.D.’s son, Alvin; Alvin McDonald, who IN MEMORY OF AL DAVIS plain a complicated issue in a way that was the first explorer of the cave and Mr. CONRAD. Mr. President, today I the average reader or listener could un- who kept a diary and map of his find- wanted to honor the memory of a mem- derstand. And they keenly felt the loss ings; and ‘‘Honest John’’ Stabler who ber of the congressional family whose of a unique and wonderful person. formed a partnership with the McDon- life was tragically cut short last Many people in the Senate family were alds to develop the first passages and month. Albert James Davis, who was touched by Al—benefitted from his staircases into Wind Cave. Indeed, the the Democratic chief economist at the knowledge and wisdom and were lucky early history of the cave was plentiful House Ways and Means Committee, enough to consider him a friend. He and colorful. died on May 30. will be greatly missed. William Jennings Bryan and Gov- Mr. Davis had served the Congress f ernor Lee visited the cave in 1892. That with distinction since 1984, first as a APPOINTMENT OF TIMOTHY A. same year, one of the first attractions senior economist with the Democratic EICHORN TO THE UNITED was put on display. For a quarter, visi- staff of the House Budget Committee, STATES AIR FORCE tors could come to the cave and view a then as chief economist for that com- ‘petrified man’ that had been found mittee, and finally as chief economist Mr. LUGAR. Mr. President, I rise north of the cave. Over the years, visi- for the Ways and Means Committee. today to share with my colleagues my tors would come to view the natural Although Mr. Davis never worked in congratulations to Timothy A. attractions Wind Cave would have to the U.S. Senate, his death is a profound Eichhorn, who on February 25, 2003, offer. personal and professional loss for many was named by the Senate to receive an Captain Seth Bullock became the Members and staff of the Senate. Mr. appointment as a grade of lieutenant cave’s first supervisor in 1902, with Davis was a highly respected and much colonel to the U.S. Air Force. George Boland serving as the area loved member of the group of policy ex- I have known the Eichhorn family for ranger. South Dakota Congressman perts who work largely behind the many years, and I am pleased to join Eben W. Martin was instrumental in scenes to provide Members of Congress his family and friends in congratu- the designation of Wind Cave as a na- with information about the policies lating Timothy on this momentous oc- tional park. General John J. Pershing they are considering. Many Senate casion. This appointment is clearly a visited in 1910 and took important cave staff—and many members of my Budg- testament to his hard work, dedica- room readings with his pocket aneroid et Committee staff—had worked with tion, and enthusiasm for military serv- barometer. In 1914, Ester Cleveland Mr. Davis, either directly in the House ice. Brazell was a ranger guide at the Cave, or through bicameral staff meetings In a time when U.S. Armed Forces possibly making her the first woman to and frequent phone conversations. And are deployed around the world, I am hold the title of ranger in the National although few knew it, many Senators pleased to know that outstanding indi- Park Service. Walt Disney and other benefitted from Mr. Davis’s knowledge viduals, such as Timothy Eichhorn, film and video companies have pro- and wisdom because of the frequent use have been called to public service. duced films in the park and countless made by Senate staff of insightful f rolls of film have been shot by amateur memos and analyses of important photographers for display in home issues that Mr. Davis graciously shared ADDITIONAL STATEMENTS movies and scrapbooks. with them. Today, Wind Cave has more than 108 He was one of the leading experts in miles of explored and mapped passages, WIND CAVE NATIONAL PARK the country on issues involving taxes making it the fourth-longest cave in CENTENNIAL COMMEMORATION and entitlement programs. Just as im- the United States and sixth longest in portant as his deep understanding of ∑ Mr. JOHNSON. Mr. President, I rise the world. Well over 5.5 million people these complex issues was his ability to today in tribute to Wind Cave National have visited Wind Cave over the past express his thoughts about them in a Park on the occasion of the park’s cen- 100 years. simple, straightforward way that oth- tennial anniversary. The first major improvements in the ers—congressional staff, the press, and Nestled in the southeast corner of park were accomplished by the Civilian Members of Congress—could under- the Black Hills of South Dakota and Conservation Corps in the 1930s. Wind stand. And he could do it in a gracious adjacent to Custer State Park, Wind Cave was one of many important and humorous way that did not betray Cave has a rich and colorful history projects CCC workers developed in any impatience with a listener who that has informed and educated genera- South Dakota. Many of the projects might be a little slow to grasp what tions of people from around the world. can still be seen today, including roads, was being explained. Wind Cave was established as a na- the entrance to the cave, concrete Mr. Davis was a committed Demo- tional park by President Theodore stairs in the cave and the elevator crat, but he was more committed to Roosevelt on January 3, 1903, as the building and shaft.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.038 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7605 By 1935, the game preserve became an Michigan public school system. While Administration in 1961, just 7 years integral part of Wind Cave National working in the Farmington schools and after the Brown v. Board of Education Park. Bison, elk, and pronghorn be- Troy schools with students from 4th decision had declared ‘‘separate but came staples of the visitor experience, through 9th grades, she has prided her- equal’’ schools to be unconstitutional. and the park’s boundaries were ex- self on developing new methods of en- On paper, in the annals of the law, panded in 1946 to over 28,000 acres. gaging and motivating her students. things were changing. But in practice, Wildlife management was a main pri- She truly cares about her students’ on the streets and in the schools, those ority and key challenge in the 1950s overall well-being and strives to create who suffered under Jim Crow knew and 1960s as herds grew and restoration an environment that fosters curiosity that America was still defaulting on its and management of native grasses, ex- and challenges students to apply what promissory note. Segregation was still otic plant species, and animal herds be- they have learned to life outside the fierce. America was still failing to live came a main focus. classroom. up to its founding principles. The unique blend of wildlife and aes- Karen’s commitment to Michigan’s During his tenure, Burke worked thetic beauty on the park’s surface, children has been demonstrated in tirelessly to desegregate public facili- combined with the beautiful cave for- many ways throughout her long and ties in the South. In 1961, he helped mations, extensive passageways, and distinguished career. She has received craft the Government’s ban on segrega- informative guided tours beneath the numerous awards including the Detroit tion in interstate travel. In 1962, he surface provide the general public with News’ My Favorite Teacher Award and played a central role in the maneu- a wonderful Black Hills experience and has been nominated for several others, vering that led to the admission of one that provides young people with a including the Disney American Teach- James Meredith to the University of unique learning opportunity. Visitors er Award, the Newsweek/WDIV Out- Mississippi, the first black student to can take in such attractions as Lin- standing Teacher Award, and is cur- pass through the gates of that school. coln’s Fireplace, Petrified Clouds, Dev- rently under consideration for the In Birmingham in 1963, he negotiated a il’s Lookout, Roe’s Misery, Sampson’s JASON Foundation for Education’s settlement between civil rights activ- Palace, Queen’s Drawing Room, the Hilda E. Taylor Award. She has earned ists and the city’s business community Bridge of Sighs, Dante’s Inferno, and such distinguished honors because of that helped bring the city back from the Garden of Eden. the heartfelt respect and admiration of the brink of violence. And in 1964, he I want to commend the 18 super- her peers, students, and parents. helped shape the landmark Civil Rights intendents who have served Wind Cave During the past 7 years, Karen Act, which would outlaw discrimina- National Park, including current su- McCann has served as a Michigan tion in public accommodations nation- perintendent Linda Stoll, for their JASON Teacher Mentor. The JASON wide. leadership and excellent stewardship of Project is a program designed to foster During his tenure, Burke Marshall the park over the past 100 years. I also interest in natural sciences through traveled throughout the South, per- want to applaud the dedication and imaginative hands-on experiences. She suading local authorities to deseg- commitment of the park’s staff over has carefully created new and exciting regate bus stations, train stations, air- the years, from rangers and adminis- opportunities for students to expand ports. This wasn’t glamorous work. It trative staff to tour guides and their knowledge beyond the classroom took patience and persistence, clarity custodians. All of them have partnered by integrating a variety of activities and courage. But without that pa- to ensure the visiting public’s experi- with the general curriculum estab- tience, persistence, clarity, and cour- ence at Wind Cave is a memorable one. lished by the Troy School District. For age, America would have stalled. Wind Cave National Park is one of the example, she has designed field trips America would have regressed. Amer- jewels in the Black Hills crown of tour- and coordinated guest speakers to en- ica would not have grown into the ism destinations. Over the years, it has hance her students’ learning experi- great Nation, full of hope and oppor- been a privilege for me to work on in- ences and also created a series of after- tunity for people of all races and back- frastructure needs and issues of impor- school programs entitled ‘‘JASON U’’ grounds, that it increasingly is today. tance involving Wind Cave National to enrich her students’ lives beyond the Looking back, reading history books, Park. normal schoolday. In addition, Karen some might think the civil rights From earthquakes, floods and fires to has arranged exciting new opportuni- movement was inexorable or its out- the occasional lost spelunker, Wind ties for continuing professional devel- come inevitable. After all, the justice Cave has come a long way since the opment in the form of seminars for of the cause now seems so obvious. But ‘Petrified Man’ displays and 25-cent teachers throughout the State of in those days, nothing was for granted. tours. Wind Cave today offers a com- Michigan. Advancing civil rights was a struggle. plete visiting and educational experi- Michigan’s children have been Young people were being beaten by ence for people of all ages. The ever-ex- touched by Mrs. McCann’s genuine in- mobs; fire hoses and dogs were being panding cave continues to excite and terest and unwavering desire to provide turned on peaceful protestors. Many astonish scientists, cave surveyors, a meaningful learning experience. I defenders of segregation would stop at spelunkers, and the general public. I have no doubt that Karen’s contribu- nothing to stop the march of social wish to congratulate Wind Cave Na- tions to Michigan’s public schools will progress. tional Park on its centennial anniver- continue to foster innovation in the fu- The only reason we were able to build sary and encourage everyone to visit ture. I am confident my colleagues will a better country was because of the ex- the beautiful Black Hills of South Da- join me in offering our heartfelt thanks traordinary heroism of ordinary peo- kota and Wind Wave National Park.∑ and appreciation to Karen McCann and ple, and because of the difficult deci- f in wishing her well in her retirement.∑ sions made every day by people like f Burke Marshall. He chipped away at RECOGNIZING KAREN MCCANN ON the evil of Jim Crow and helped open HER RETIREMENT TRIBUTE TO BURKE MARSHALL the floodgates so that, as the Bible ∑ Mr. LEVIN. Mr. President, it is with ∑ Mr. LIEBERMAN. Mr. President, I said, justice could begin to flow like great pride that I pay tribute to an ex- rise to pay tribute to a life spent in water, and righteousness, like a ceptional educator from my home pursuit of the highest American ideals. mighty stream. State of Michigan. On June 12, Karen Burke Marshall, a wonderful man, a Justice isn’t yet flowing like a McCann will retire after 24 years in frontline soldier in the battle for civil mighty river in America, nor is right- public education. Karen’s creativity rights, and a deeply respected resident eousness flowing like a mighty stream. and dedication to her students has of Connecticut, died Monday, June 2 at We still have hills to climb, as Dr. King deeply enriched the lives of thousands the age of 80. I am honored to have might say, before we reach the moun- of young people throughout Michigan. known him and occasionally benefited taintop. But thanks to the foothold Karen has been an innovative and en- from his wise counsel. that people like Burke Marshall have thusiastic teacher throughout her 24- Burke became assistant attorney given us, we have the ability to keep year career as an educator in the general for civil rights in the Kennedy climbing. We can see the summit. And

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.041 S10PT1 S7606 CONGRESSIONAL RECORD — SENATE June 10, 2003 we have the strength and the inspira- anthropology course at Murray State PERIODIC REPORT ON THE NA- tion to never give up until we reach it. University and a gifted and talented TIONAL EMERGENCY WITH RE- I got to know Burke Marshall be- camp at Western Kentucky University. SPECT TO THE RISK OF NU- cause, in 1970, he moved to Connecticut It is my pleasure to honor such an ex- CLEAR PROLIFERATION CRE- and joined the faculty of Yale Law ceptional and altruistic young lady for ATED BY THE ACCUMULATION School, my alma mater, where he her extraordinary charitable contribu- OF WEAPONS-USABLE FISSILE served as deputy dean and professor. I tions to her community. I thank the MATERIAL IN THE TERRITORY unfortunately had already graduated, Senate for allowing me to laud her OF THE RUSSIAN FEDERATION— but I was lucky to befriend Professor praises. She is one of Kentucky’s fin- PM 37 Marshall around New Haven. He was a est.∑ The PRESIDING OFFICER laid be- warm, kind, decent man, who believed f fore the Senate the following message that the fight for justice was never- from the President of the United ending. TRIBUTE TO DR. HARRY BEGIAN States, together with an accompanying The dean of Yale’s Law School, Tony ∑ report; which was referred to the Com- Kronman, put it well. He said, ‘‘His Mr. LEVIN. Mr. President, today I have the honor of recognizing a great mittee on Banking, Housing, and goodness was so large that I half be- Urban Affairs: lieved and fully wished he would live musician and educator from my home forever. Burke’s generosity brought State of Michigan. During a career To the Congress of the United States: out the best in others. His love of jus- that has spanned more than 50 years, As required by section 401(c) of the tice helped change a nation.’’ Dr. Harry Begian has made numerous National Emergencies Act, 50 U.S.C. Burke Marshall was a quiet man. In contributions to the music and edu- 1641(c), and section 204(c) of the Inter- fact, his wife Violet once said that, be- cation communities across the country national Emergency Economic Powers cause he said so few words, she wasn’t and around the world. He has greatly Act, 50 U.S.C. 1703(c), I transmit here- sure whether he liked her or not until influenced both high school and colle- with a 6-month periodic report pre- he proposed. But he wasn’t quiet when giate bands throughout the Midwest pared by my Administration on the na- it counted. On matters of principle, on and the Nation. On June 21, 2003, a re- tional emergency with respect to the questions of justice, he heeded the wis- union and banquet will be held at Cass risk of nuclear proliferation created by dom of Dr. Martin Luther King, Jr., Technical High School in Detroit to the accumulation of weapons-usable who said: ‘‘Our lives begin to end the honor not only Dr. Begian’s 17 prolific fissile material in the territory of the day we become silent about things that years as Director of Bands at Cass Russian Federation that was declared matter.’’ Technical High School but also his life- in Executive Order 13159 of June 21, Burke Marshall always spoke when it time of musical contributions that 2000. mattered, and that is why his legacy have touched so many. GEORGE W. BUSH. will live on forever in the hearts he Dr. Begian’s early involvement with THE WHITE HOUSE, June 10, 2003. touched and in the country he helped music included studying trumpet and f flute with famed musicians Leonard change for the better. REPORT OF THE CONTINUATION Smith and Larry Teal. Dr. Begian com- My condolences to his wife Violet, OF THE NATIONAL EMERGENCY pleted his undergraduate and master’s his daughters Katie, Josie, and Jane, WITH RESPECT TO THE RISK OF degrees at Wayne State University. He and his grandchildren. May God bless NUCLEAR PROLIFERATION CRE- also earned a doctorate in music at the them and the memory of Burke Mar- ATED BY THE ACCUMULATION University of Michigan. shall.∑ OF WEAPONS-USABLE FISSILE Dr. Begian became Director of Bands f MATERIAL IN THE TERRITORY at Cass Technical High School in 1947, OF THE RUSSIAN FEDERATION TRIBUTE TO KELSEY LADT where he built one of the preeminent BEYOND JUNE 21, 2003—PM 38 ∑ Mr. BUNNING. Mr. President, I rise high school bands in the country. Dur- to honor and pay tribute to Kelsey ing the following 20 years, he served as The PRESIDING OFFICER laid be- Ladt of Paducah, KY, for her inimi- Director of Bands at Wayne State Uni- fore the Senate the following message table sense of giving and community versity, Michigan State University, from the President of the United service. Kelsey, age 8, led an art tour and the University of Illinois. In addi- States, together with an accompanying fundraiser for the Community Founda- tion to his work as a band director, Dr. report; which was referred to the Com- tion of Western Kentucky, with pro- Begian has served as a guest conductor mittee on Banking, Housing, and ceeds benefitting the Lourdes’ Founda- and lecturer throughout the United Urban Affairs: tion patient care fund and the St. Nich- States, Canada, and Australia. In 1987, To the Congress of the United States: olas Free Family Clinic. the Detroit Symphony Orchestra in- Section 202(d) of the National Emer- Kelsey Curd Ladt, daughter of Vicki vited him to conduct a formal concert gencies Act (50 U.S.C. 1622(d)) provides and Ric Ladt, is a gifted and precocious in Detroit’s Orchestra Hall. for the automatic termination of a na- young lady with an exceptional sense The Music Division of the Library of tional emergency unless, prior to the of selflessness and charity. She single- Congress created the Harry Begian Col- anniversary date of its declaration, the handedly led a tour of the artwork in- lection in tribute to his accomplish- President publishes in the Federal Reg- side her parents’ home for 35 people. ments. The permanent collection cur- ister and transmits to the Congress a Kelsey paused by each painting to rently contains 26 reel-to-reel record- notice stating that the emergency is to share historical insight and anecdote, a ings of Dr. Begian’s performances at continue in effect beyond the anniver- remarkable feat for someone so young. Cass Tech. In addition, the collection sary date. In accordance with this pro- Kelsey researched art at Murray also includes 50 records and 15 compact vision, I have sent the enclosed notice, State University under the tutelage of discs from Dr. Begian’s time with the stating that the emergency declared Dr. Joy Navan. With the encourage- University of Illinois Symphonic Band. with respect to the accumulation of a ment from Navan and family friend Dr. Begian is a charter member of large volume of weapons-usable fissile Bill Ford, Kelsey planned the fund- the American School Band Directors material in the territory of the Rus- raiser and interviewed directors of var- Association and a past president of the sian Federation is to continue beyond ious beneficiaries before selecting the American Bandmasters Association. He June 21, 2003, to the Federal Register for Lourdes’ Foundation and the St. Nich- has won the National Band Associa- publication. The most recent notice olas Free Family Clinic. tion’s Citation of Excellence, the continuing this emergency was pub- Kelsey, who is herself an accom- Edwin Franko Goldman Award, and the lished in the Federal Register on June plished artist and pianist, plans on ex- Norte Dame St. Cecelia Award. I know 20, 2002 (67 FR 42181). panding the art tour to four homes in that my Senate colleagues will be It remains a major national security the coming years, in order to better pleased to join me in saluting Dr. goal of the United States to ensure serve her community. Later this sum- Harry Begian’s lifetime full of con- that fissile material removed from mer she will participate in a forensic tributions to the world of music.∑ Russian nuclear weapons pursuant to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.113 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7607 various arms control and disarmanent ENROLLED BILLS SIGNED EC–2654. A communication from the Sec- agreements is dedicated to peaceful retary of Energy, transmitting, pursuant to The message further announced that law, the Annual Report for the Strategic Pe- uses, subject to transparency meas- the Speaker has signed the following ures, and protected from diversion to troleum Reserve, covering calendar year enrolled bills: 2002; to the Committee on Energy and Nat- activities of proliferation concern. The S. 222. An act to approve the settlement of ural Resources. accumulation of a large volume of the water rights claims of the Zuni Indian EC–2655. A communication from the Presi- weapons-usable fissile material in the Tribe in Apache County, Arizona, and for dent, The Foundation of the Federal Bar As- territory of the Russian Federation other purposes. sociation, transmitting, pursuant to law, the continues to pose an unusual and ex- S. 273. An act to provide for the expedi- report Audit Report of the Foundation of the traordinary threat to the national se- tious completion of the acquisition of land Federal Bar Association for the Fiscal Year curity and foreign policy of the United owned by the State of Wyoming within the ending September 30, 2002; to the Committee on the Judiciary. States. For this reason, I have decided boundaries of Grand Teton National Park, and for other purposes. EC–2656. A communication from the Presi- that it is necessary to continue the na- dent of the United States to the President f tional emergency declared with respect Pro Tempore of the United States Senate, to the accumulation of a large volume MEASURES REFERRED transmitting, consistent with the War Pow- of weapons-usuable fissible material in The following bill, previously reers Resolution, the report on recent developments in Liberia and Mauritania and the ac- the territory of the Russian Federation ceived from the House of Representa- and maintain in force these emergency tivities to insure the safety of The United tives for concurrence, was read the States Embassy and Embassy Staff located authorities to response to this threat. first and second times by unanimous in those countries; to the Committee on For- GEORGE W. BUSH. consent, and referred as indicated: eign Relations. THE WHITE HOUSE, June 10, 2003. H.R. 1954. An act to revise the provisions of f f the Immigration and Nationality Act relat- PETITIONS AND MEMORIALS MESSAGE FROM THE HOUSE ing to naturalization through service in the Armed Forces, and for other purposes; to the The following petitions and memo- At 2:19 p.m., a message from the Committee on the Judiciary. rials were laid before the Senate and House of Representatives, delivered by The following bill was read the first were referred or ordered to lie on the Ms. Niland, one of its reading clerks, and the second times by unanimous table as indicated: announced that the House has passed consent, and referred as indicated: POM–127. A resolution adopted by the the following bill and joint resolution, H.R. 1610. An act to redesignate the facility House of the State of Hawaii relative to im- each without amendment: of the United States Postal Service located proving benefits for Filipino Veterans of S. 763. An act to designate the Federal at 120 East Ritchie Avenue in Marceline, World War II; to the Committee on Veterans’ building and United States courthouse lo- Missouri, as the ‘‘Walt Disney Post Office Affairs. cated at 46 Ohio Street in Indianapolis, Indi- Building’’; to the Committee on Govern- HOUSE RESOLUTION NO. 75 ana, as the ‘‘Birch Bayh Federal Building mental Affairs. Whereas, on January 7, 2003, Senator Dan- and United States Courthouse.’’ The following concurrent resolution iel K. Inouye introduced S. 68 in the United S.J. Res. 8. A joint resolution expressing was read, and referred as indicated: States Senate, which bill was read twice and the sense of Congress with respect to raising then referred to the Committee on Veterans’ H. Con. Res. 162. Concurrent resolution awareness and encouraging prevention of Affairs; and sexual assault in the United States and sup- honoring the city of Dayton, Ohio, and its Whereas, S. 68 proposes to amend title 38 of porting the goals and ideals of National Sex- many partners, for hosting ‘‘Inventing the United States Code, to improve benefits ual Assault Awareness and Prevention Flight: The Centennial Celebration’’, a cele- for Filipino veterans of World War II and for Month. bration of the centennial of Wilbur and the surviving spouses of those veterans; and Orville Wright’s first flight; to the Com- Whereas, S. 68 would increase the rate of The message also announced that the mittee on the Judiciary. House has passed the following bill, in payment of compensation benefits to certain f Filipino veterans, designated in title 38 which it requests the concurrence of United States Code section 107(b) and re- the Senate: MEASURES PLACED ON THE ferred to as New Philippine Scouts, who re- H.R. 1610. An act to redesignate the facility CALENDAR side in the United States and are United of the United States Postal Service located The following bill was read the sec- States citizens or lawful permanent resident at 120 East Ritchie Avenue in Marceline, ond time, and placed on the calendar: aliens; and Missouri, as the ‘‘Walt Disney Post Office Whereas, S. 68 would further increase the S. 1215. A bill to sanction the ruling Bur- Building.’’ rate of payment of dependency and indem- mese military junta, to strengthen Burma’s The message further announced that nity compensation of surviving spouses of democratic forces and support and recognize certain Filipino veterans; and the House has agreed to the following the National League of Democracy as the le- Whereas, S. 68 would further make eligible concurrent resolution, in which it re- gitimate representative of the Burmese peo- for full disability pensions certain Filipino quests the concurrence of the Senate: ple, and for other purposes. veterans who reside in the United States and H. Con. Res. 162. A concurrent resolution f are United States citizens or lawful perma- honoring the city of Dayton, Ohio, and its nent resident aliens; and EXECUTIVE AND OTHER Whereas, S. 68 would further mandate the many partners, for hosting ‘‘Inventing COMMUNICATIONS Flight: The Centennial Celebration,’’ a cele- Secretary of Veterans Affairs to provide hos- bration of the centennial of Wilbur and The following communications were pital and nursing home care and medical Orville Wright’s first flight. laid before the Senate, together with services for service-connected disabilities for accompanying papers, reports, and doc- any Filipino World War II veteran who re- The message also announced that sides in the United States and is a United pursuant to 22 U.S.C. 276th and the uments, and were referred as indicated: States citizen or lawful permanent resident order of the House of January 8, 2003, EC–2652. A communication from the Under alien; and the Speaker appoints the following Secretary, Emergency Preparedness and Re- Whereas, S. 68 would further require the Members of the House of Representa- sponse, Federal Emergency Management Secretary of Veterans Affairs to furnish care tives to the Mexico-United States Agency, transmitting, pursuant to law, the and services to all Filipino World War II vet- report relative to the funding of the State of Interparliamentary Group, in addition erans for service-connected disabilities and New York as a result of record/near record nonservice-connected disabilities residing in to Mr. KOLBE of Arizona, Chairman, ap- snowstorms on December 25–26, 2002, and the Republic of the Philippines on an out- pointed on March 13, 2003: Mr. January 3–4, 2003, has exceeded $5,000,000; to patient basis at the Manila VA Outpatient BALLENGER of North Carolina, Vice the Committee on Environment and Public Clinic; now, therefore, Chairman; Mr. DREIER of California; Works. Be it resolved by the House of Representa- Mr. BARTON of Texas; Mr. MANZULLO of EC–2653. A communication from the Direc- tives of the Twenty-second Legislature of Illinois; Mr. WELLER of Illinois; Ms. tor, Human Resources Management, Depart- the State of Hawaii. Regular Session of 2003, ment of Energy, transmitting, pursuant to That the United States Congress is respect- HARRIS of Florida; Mr. STENHOLM of law, the report of a vacancy and designation fully urged to support the passage of S. 68 to Texas; Mr. FALEOMAVAEGA of American of an acting officer for the position of Chief improve benefits for certain Filipino vet- Samoa; Mr. PASTOR of Arizona; Mr. Financial Officer for the Office of Manage- erans of World War II; and FILNER of California; Mr. REYES of ment, Budget and Evaluation; to the Com- Be it further resolved, That certified cop- Texas. mittee on Energy and Natural Resources. ies of this Resolution be transmitted to the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.045 S10PT1 S7608 CONGRESSIONAL RECORD — SENATE June 10, 2003 President of the United States Senate, the Offset (GPO), which reduces the spousal and society [and] is the only sure guardian of the Speaker of the United States House of Rep- widow(er)s social security benefit, and the rights of man’’; and resentatives, the members of the Hawaii con- Windfall Elimination Provision (WEP), Whereas, Thomas Jefferson also stated, ‘‘A gressional delegation and the Secretary of which reduces the earned social security ben- judiciary independent . . . of the will of the Veterans Affairs. efit for persons who also receive a state or nation is a solecism—at least in a republican local government retirement; and government’’; and POM–128. A joint resolution adopted by the Whereas, the intent of Congress in enact- Whereas, the United States Court of Ap- Legislature of the State of Washington rel- ing the GPO and WEP provisions was to ad- peals for the Ninth Circuit has violated these ative to restoring the deduction of retail dress concerns that public employees who fundamental principles and abrogated the sales tax under the federal income tax; to had worked primarily in state and local gov- ‘‘consent of the governed’’ as set forth in our the Committee on Finance. ernment employment receive the same ben- governing documents; and Whereas, the will of the people can be pro- SENATE JOINT MEMORIAL 8003 efit as workers who had worked in social security employment throughout their careers, tected against further judicial usurpation by Whereas, The federal tax reform act of 1986 the federal courts on this issue through con- put additional financial stress on the tax- thereby providing a disincentive to ‘‘double- dipping’’; and gressional action to limit the jurisdiction of payers of the state of Washington by elimi- the federal courts as explicitly set forth in nating the retail sales tax deduction; and Whereas, the GPO affects a spouse or widow(er) receiving a state or local govern- the Constitution in Article III, Section 2, Whereas, Taxpayers in other states may Paragraph 2 (federal courts ‘‘shall have ap- deduct major state taxes in determining fed- ment retirement benefit who would also be entitled to a social security benefit earned pellate jurisdiction both as to law and fact eral income tax; and with such exceptions and under such regula- Whereas, Taxpayers of the state of Wash- by a spouse; and Whereas, the GPO formula reduces the tions as Congress shall make’’); and ington would realize substantial reductions Whereas, the intent of the Framers regard- spousal or widow(er)s social security benefit in federal tax burdens if they could deduct ing this power of Congress to limit judicial by two-thirds of the amount of the state or retail sales taxes; and overreach was clear, such that Samuel Whereas, Congress is in the process of con- local government retirement benefit re- Chase, a signer of the Declaration of Inde- sideration tax reduction proposals; and ceived by the spouse or widow(er), in many pendence and a United States Supreme Court Whereas, Congress could easily relieve the cases completely eliminating the social secu- Justice appointed by President George Wash- burden on taxpayers of the state of Wash- rity benefit; and ington, declared, ‘‘The notion has frequently ington by restoring the full retail sales tax Whereas, the WEP applies to those persons been entertained that the federal courts de- deduction; who have earned a state or local government rive their judicial power immediately from Now, therefore, Your Memorialists respect- retirement benefit in addition to having the the Constitution; but the political truth is fully pray that the United States restore the necessary credits earned in social security that the disposal of the judicial power (ex- deduction of retail sales tax under the fed- employment; and cept in a few specified instances) belongs to eral income tax. Whereas, the WEP reduces the earned so- Congress. If Congress has given the power to Be it resolved, That copies of this Memo- cial security benefit by using a modified for- this court, we possess it, not otherwise’’; and rial be immediately transmitted to the Hon- mula of the averaged indexed monthly earn- Whereas, Justice Joseph Story, in his au- orable George W. Bush, President of the ings, which may reduce the earned social se- thoritative Commentaries on the Constitu- United States, the President of the United curity benefits by as much as fifty percent; tion, similarly declared, ‘‘In all cases where States Senate, the Speaker of the House of and the judicial power of the United States is to Representatives, and each member of Con- Whereas, the GPO and WEP have a dis- be exercised, it is for Congress alone to fur- gress from the State of Washington. proportionately negative effect on employees nish the rules of proceeding, to direct the working in lower-wage government jobs, process, to declare the nature and effect of POM–129. A concurrent resolution adopted such as policemen, firefighter, teachers, and the process, and the mode, in which the judg- by the legislature of the State of Louisiana municipal, parochial, and state employees; ments, consequent thereon, shall be executed relative to provisions of the Internal Rev- and . . . And if Congress may confer power, they enue Code which provide for the taxation of Whereas, these provisions also affect more may repeal it . . . The power of Congress [is] Social Security income; to the Committee women than men because of the gender dif- complete to make exceptions’’; and on Finance. ferences in salary that continue to exist Whereas, this position is confirmed not HOUSE CONCURRENT RESOLUTION NO. 6 across of nation; and only by signers of the Constitution such as Whereas, current provisions of the Internal Whereas, Louisiana is making every effort George Washington and James Madison but Revenue Code provide for the taxation of up to improve the quality of life of her citizens, also by other leading constitutional experts to eighty-five percent of income derived to encourage them to remain here lifelong, and jurists of the day, including Chief Jus- from Social Security benefits; and and to provide for them in their retirement tice Oliver Ellsworth, Chief Justice John Whereas, Social Security payments are years. Marshall, Richard Henry Lee, Robert Yates, often the primary income of retirees; and Therefore, be it resolved, that the Legisla- George Mason, and John Randolph; and Whereas, retired persons are citizens who ture of Louisiana does hereby memorialize Whereas, the United States Supreme Court can least afford a reduction in income; and the Congress of the United States to review has long recognized and affirmed this power Whereas, retired persons are currently fac- and consider eliminating the GPO and WEP of Congress to limit the appellate jurisdic- ing increased costs of living, including in- social security benefit reductions. tion of the federal courts, as in 1847 when the creased costs of prescription drugs; and Be it further resolved, That a copy of the court declared that the ‘‘court possesses no Whereas, other measures currently being Resolution be transmitted to the presiding appellate power in any case unless conferred reviewed by congress to stimulate the econ- officers of the Senate and the House of Rep- upon it by act of Congress’’ and in 1865 when omy do not address the needs of low- and resentatives of the Congress of the United it declared ‘‘it is for Congress to determine middle-income retired persons. States of American and to each member of how far . . . appellate jurisdiction shall be Therefore, be it resolved, That the Lou- the Louisiana congressional delegation. given; and when conferred, it can be exer- isiana Legislature does hereby memorialize cised only to the extent and in the manner the United States Congress to repeal the pro- POM–131. A concurrent House resolution prescribed by law’’; and visions of the Internal Revenue Code which adopted by the Legislature of the State of Whereas, congress has on numerous occa- provide for the taxation of Social Security Louisiana relative to the Pledge of Alle- sions exercised this power to limit the juris- income. giance; to the Committee on Finance. diction of federal courts, and the Supreme Court has consistently upheld this power of Be it further resolved, That a copy of this HOUSE CONCURRENT RESOLUTION NO. 121 Resolution be transmitted to the presiding congress in rulings over the last two cen- Whereas, Louisiana is one of numerous turies, including cases in 1847, 1866, 1868, 1878, officers of the Senate and the House of Rep- states in which students recite the Pledge of resentatives of the Congress of the United 1882, 1893, 1898, 1901, 1904, 1906, 1908, 1910, 1922, Allegiance in public schools; and 1926, 1948, 1952, 1966, 1973, 1977, and others; States of America and to each member of the Whereas, the practice of including ‘‘under Louisiana congressional delegation. and God’’ in the Pledge was established by fed- Whereas, it is Congress alone that can rem- eral law decades ago and reaffirmed by a new edy this current crisis and return to the POM–130. A concurrent resolution adopted federal law just last year; and by the Legislature of the State of Louisiana states the power to make their own decisions Whereas, recent polls indicate that up to on recitation of the Pledge of Allegiance in relative to reviewing and consider elimi- ninety percent of the public is overwhelm- nating the provisions of law which reduce or public schools. ingly in favor of allowing students to recite Therefore, be it resolved, That the Legisla- totally eliminate social security benefits for the Pledge of Allegiance; and ture of Louisiana does hereby memorialize those persons who also receive a state or Whereas, Constitution signer George Wash- the Congress of the United States to limit local government retirement benefit; to the ington declared, ‘‘the fundamental principle the appellate jurisdiction of the federal Committee on Finance. of our Constitution . . . enjoins [requires] courts regarding the recitation of the Pledge HOUSE CONCURRENT RESOLUTION NO. 39 that the will of the majority shall prevail,’’ of Allegiance in public schools. Whereas, the Congress of the United States and Thomas Jefferson pronounced, ‘‘the will Be it further resolved, That a copy of this has enacted both the Government Pension of the majority [is] the natural law of every Resolution be transmitted to the presiding

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.084 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7609 and chief clerical officers of the Senate and Whereas, because of the historical rela- now known as the Millennium Development the House of Representatives of the Congress tionship between the United States of Amer- Goals; and of the United States of America and to each ica and the Republic of the Philippines, there Whereas, members of the United Nations, member of the Louisiana congressional dele- continue to exist valid reasons to promote including the United States, pledged to meet gation. international friendship and understanding established benchmark for the Millennium for the mutual benefit of both countries to Development Goals by 2015 to: POM–132. A concurrent resolution adopted achieve lasting peace and prosperity as it (1) Reduce by fifty per cent the proportion by the Legislative of the State of Texas rel- serves the common interests of both coun- of people living in extreme poverty and suf- ative to Federal income tax; to the Com- tries; and fering from hunger; mittee on Finance. Whereas, there are historical precedents (2) Achieve universal primary education by SENATE CONCURRENT RESOLUTION NO. 6 exemplifying the common desire to maintain ensuring that all boys and girls complete pri- Whereas, Current federal tax provisions a close cultural, commercial, and financial mary school; place an arbitrary state cap on the volume of bridge between ethnic Filipinos living in Ha- (3) Promote gender equality and empower private activity bonds, which hinders the waii with their relatives, friends, and busi- women by eliminating disparities in primary ability of Texas to meet its rapidly growing ness counterparts in the Philippines, such as and secondary education at all levels; water infrastructure needs; and the previously established sister-city rela- (4) Reduce child mortality by two-thirds Whereas, Private activity bonds afford a tionship between the City and County of among children under five years old; cost-effectiveness, nonrecourse means of fi- Honolulu and the City of Cebu in the Prov- (5) Improve maternal health by reducing nancing the development of adequate waste- ince of Cebu; and the ratio of women’s death during childbirth water and drinking water facilities for the Whereas, similar state-province relation- by seventy-five per cent; future and minimize and drinking facilities ship exist between the State of Hawaii and (6) Combat HIV/AIDS, malaria, and other for the future and minimize the risk to the the Provinces of Cebu and Ilocos Sur, where- diseases by reversing the spread of HIV/ ratepayer; and by cooperation and communication have AIDS, malaria, and other major diseases; Whereas, Other sources of municipal infra- served to establish exchanges in the areas of Whereas, it is critical that initiatives and structure financing, such as general obliga- business, trade, agriculture and industry, programs funding through the Millennium tion bonds, revenue bonds, enterprise bonds, tourism, sports, health care, social welfare, Challenge Account include activities that and loans under the federal Environmental and other fields of human endeavor; and enable women to play active roles in the eco- Protection Agency’s state revolving loan Whereas, a similar sister-state relationship nomic and civic activities of their countries; fund program, are insufficient to allow Texas would reinforce and cement this common now, therefore, to comply with new federal environmental bridge for understanding and mutual assist- Be it resolved by the House of Representa- and public health mandates; and ance between ethnic Filipinos of both the tives of the Twenty-second Legislature of Whereas, The cap on the volume of private State of Hawaii and the Province of Ilocos the State of Hawaii, Regular Session of 2003, activity bonds forces water and wastewater Norte; and the Senate concurring, That the United projects to compete with other projects in Whereas, there is an existing relationship States Congress is urged to fully fund the Texas without regard to the urgent priority between the Province of Ilocos Norte and the Millennium Challenge Account to enable of protecting public health and the environ- State of Hawaii because several notable citi- poor and hungry people around the globe be- ment; and zens of Hawaii can trace their roots or have come self-reliant; and Whereas, Private activity bonds foster in- immigrated from the Province of Ilocos Be it further resolved, That as the Millen- novative public-private partnerships and Norte, including the city of Laoag; now, nium Challenge Account is implemented, it help them develop cost-effective projects for therefore, is crucial that our leaders understand and re- the construction of sewage and drinking Be it resolved by the House of Representa- quire that women be involved in all phases of water facilities and the rehabilitation and tives of the Twenty-second Legislature of establishment and implementation of pro- upgrade of existing water infrastructure; and the State of Hawaii, Regular Session of 2003, grams funded to achieve the Millennium De- Whereas, Removing the financing cap the Senate concurring, That Governor Linda velopment goals; and would give public officials the maximum Lingle of the State of Hawaii, or her des- Be it further resolved, That adequate fund- number of tools for meeting the growing ignee, be authorized and is requested to take ing and meaningful participation of women public demand for water services while en- all necessary actions to establish a state- and girls are essential for successful develop- suring compliance with federal environ- province affiliation with the Province of ment assistance programs in poor nations; mental and public health laws; now, there- Ilocos Norte in the Republic of the Phil- and fore, be it ippines; and Be it further resolved, That certified cop- Resolved, That the 78th Legislature of the Be it further resolved, That the Governor ies of this Concurrent Resolution be trans- State of Texas hereby respectfully urge the or her designee is requested to keep the Leg- mitted to the President of the United States, Congress of the United States to amend the islature of the State of Hawaii fully in- the President of the United States Senate, Internal Revenue Code of 1986 to provide that formed of the process in establishing the re- the Speaker of the United States House of the volume cap for private activity bonds lationship, and involved in its formalization Representatives, and the members of Ha- not apply to bonds for water and wastewater to the extent practicable; and waii’s congressional delegation. facilities; and, be it further Be it further resolved, That the Province Resolved, That the Texas secretary of of Ilocos Norte be afforded the privileges and POM–135. A concurrent resolution adopted state forward official copies of this resolu- honors that Hawaii extends to its sister- by the Legislature of the State of Hawaii rel- tion to the president of the United States, to states and provinces; ative to the establishment of State-Province the Speaker of the house of representatives Be it further resolved, That this state- relations between the State of Hawaii of the and the president of the Senate of the United province relationship shall continue until United States and the Province of Thua States Congress, and to all the members of July 1, 2008; and Thien-Hue of the Socialist Republic of Viet- the Texas delegation to the Congress with Be it further resolved, That certified cop- nam; to the Committee on Foreign Rela- the request that this resolution be officially ies of this Concurrent Resolution be trans- tions. entered in the Congressional Record as a me- mitted to the President of the United States, HOUSE RESOLUTION the Governor of the State of Hawaii, the morial to the Congress of the United States Whereas, the State of Hawaii is actively President of the United States Senate, the of America. seeking to expand its international ties and Speaker of the United States House of Rep- has an abiding interest in developing good- resentatives, Hawaii’s Congressional delega- POM–133. A concurrent resolution adopted will, friendship, and economic relations be- tion, the President of the Republic of the by the Legislature of the State of Hawaii rel- tween the people of Hawaii and the people of Philippines through its Honolulu Consulate ative to the establishment of State-Province Asian and Pacific countries; and General, and the Governor and Provincial relations between the State of Hawaii of the Whereas, as part of its effort to achieve Board of the Province of Ilocos Norte, Re- United States and the Province of Ilocos this goal, the State has established a number public of the Philippines. Norte of the Republic of the Philippines; to of sister-state agreements with provinces in the Committee on Foreign Relations. the Pacific region; and POM–134. A concurrent resolution adopted HOUSE CONCURRENT RESOLUTION NO. 17 Whereas, because of the historical rela- by the Legislature of the State of Hawaii rel- Whereas, the State of Hawaii is actively tionship between the United States of Amer- ative to fully funding the Millennium Chal- seeking to expand its international ties and ica and the Socialist Republic of Vietnam, lenge Account; to the Committee on Foreign has an abiding interest in developing good- there are compelling reasons to promote Relations. will, friendship, and economic relations be- international friendship and understanding tween the people of Hawaii and the people of HOUSE CONCURRENT RESOLUTION NO. 28 for the mutual benefit of both countries to Asian and Pacific countries; and Whereas, in September 2000, the United Na- achieve lasting peace and prosperity, as it Whereas, as part of its effort to achieve tions General Assembly adopted the United serves the common interests of both coun- this goal, Hawaii has established a number of Nations Millennium Declaration, a resolu- tries; and sister-state agreements with provinces on tion establishing international development Whereas, there are historical precedents the Pacific region; and goals to reduce poverty and improve lives, exemplifying the common desire to maintain

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.088 S10PT1 S7610 CONGRESSIONAL RECORD — SENATE June 10, 2003 a close cultural, commercial, and financial goals to reduce poverty and improve lives, is crucial that our leaders understand and re- bridge between ethnic Vietnamese living in now known as the Millennium Development quire that women be involved in all phases of Hawaii with their relatives, friends, and Goals; and establishment and implementation of pro- business counterparts in Vietnam, such as Whereas, members of the United Nations, grams funded to achieve the Millennium De- the previously established sister-city rela- including the United States, pledged to meet velopment goals; and tionship between the City and County of established benchmarks for the Millennium Be it further resolved, That adequate fund- Honolulu and the city of Hue, which is the Development Goals by 2015 to: ing and meaningful participation of women capital of the Province of Thua Thien-Hue; (1) Reduce by fifty percent the proportion and girls are essential for successful develop- and of people living in extreme poverty and suf- ment assistance programs in poor nations; Whereas, a similar state-province relation- fering from hunger; and ship between the State and the Province of (2) Achieve universal primary education by Be it further resolved, That certified cop- Thua Thien-Hue, whereby exchanges and co- ensuring that all boys and girls complete pri- ies of this Resolution be transmitted to the operation could be established in the areas of mary school; President of the United States, the President business, trade, agriculture, environmentally (3) Promote gender equality and empower of the United States Senate, the Speaker of and culturally sensitive tourism, sports, pub- women by eliminating disparities in primary the United States House of Representatives, lic health, education, economic development and secondary education at all levels; and the members of Hawaii’s congressional and humanitarian assistance would reinforce (4) Reduce child mortality by two-thirds delegation. and cement this common bridge of under- among children under five years old; POM—137. A resolution adopted by the standing and mutual assistance between the (5) Improve maternal health by reducing House of the Legislature of the State of Ha- ethnic Vietnamese of both the State and the the ratio of women’s death during childbirth waii relative to International Women’s Day; Province of Thua Thien-Hue; and by seventy-five per cent; (6) Combat HIV/AIDS, malaria, and other to the Committee on Foreign Relations. Whereas, the Province of Thua Thien-Hue, Whereas, International Women’s Day, cele- like Hawaii, has an agricultural economy diseases by reversing the spread of HIV/ AIDS, malaria, and other major diseases; brated throughout the world on March 8, is a that is based upon sugar cane, fruits, and time to: reflect on the status of women in flowers, and aquaculture crops, such as (7) Ensure environmental sustainability by introducing sustainable development prin- the United States and around the world; as- shrimp; and sess progress made and remaining chal- Whereas, the city of Hue, capital of the ciples to: reverse the loss of environmental resources; increase access to safe drinking lenges; and recommit to women’s human Province of Thua Thien-Hue has been des- rights and the full empowerment of the ignated as a World Heritage Site by the water; and achieve significant improvements in the lives of at least one hundred million world’s women as the basis for truly sustain- United Nations Educational, Scientific, and able social, economic, and political develop- Cultural Organization because its cultural slum dwellers; and (8) Develop a global partnership for devel- ment of nations and communities; and and natural properties are considered to be Whereas, 228,000,000 women are in need of of outstanding universal value and must be opment through reform of the trading system and financial system to allow poor na- effective contraceptive methods; and protected; and Whereas, a woman dies every minute as a Whereas, the Province of Thua Thien-Hue’s tions to sell goods at fair prices to obtain financial resources to create stable economies result of pregnancy and childbirth-related unique cultural and historical significance causes (approximately five hundred thousand and natural beauty are important resources and eliminate poverty; aiding to the special needs of least developed countries; address- women a year) and for every woman who on which to base an environmentally and dies, thirty other women are injured or dis- culturally sensitive tourism industry; and ing debt problems of developing countries; creating productive work for youth; increase abled; and Whereas, Hawaii’s long experience and ex- Whereas, between seven hundred thousand access to affordable drugs; and make benefits pertise in tourism, agriculture, and aqua- and four million people—mainly women and of new technologies available; and culture could be shared with the Province of children—are trafficked annually across Whereas, in March 2002, President George Thua Thien-Hue; now, therefore, international borders for sexual exploitation W. Bush unveiled the Millennium Challenge Be it resolved by the House of Representa- and forced labor; and Account, a plan to increase significantly de- tives of the Twenty-second Legislature of Whereas, fifty thousand to one hundred velopment assistance to poor, developing the State of Hawaii, Regular Session of 2003, thousand women and girls are trafficked an- countries by an additional $10,000,000,000 in That the Governor of the State of Hawaii or nually for sexual exploitation into the foreign assistance over fiscal years 2004–2006, her designee is requested to take all nec- United States; and essary actions to establish a sister-state af- ultimately doubling United States poverty- Whereas, HIV/AIDS is a women’s epidemic filiation with the Province of Thua Thien- focused assistance when fully implemented; worldwide—with 19,200,000 women worldwide Hue in the Socialist Republic of Vietnam; and currently living with HIV/AIDS and 1,200,000 and Whereas, initiatives to be funded through women dying of AIDS in 2002; and Be it further resolved, That the Governor the Millennium Challenge Account have the Whereas, for the last several years, HIV/ is requested to keep the Legislature fully ap- potential to improve the nutrition, health AIDS has been the fifth leading cause of prised of any progress made in establishing care, education, and drinking water for mil- death for women ages twenty-five to forty- the relationship in order that the Legisla- lions of people in poor nations only if the four in the United States and the third lead- ture may be involved in its formalization to Millennium Challenge Account is fully funding cause of death for African American the extent practicable; and ed by Congress; and women in this same age group; and Be it further resolved, That the Province Whereas, although studies uniformly re- Whereas, gender-based violence against of Thua Thien-Hue be afforded the privileges port that the most effective use of inter- women—including prenatal sex selection, fe- and honors to which Hawaii extends to its national aid is the investment in women, the male infanticide, sexual abuse, female gen- other sister-states and provinces; and reports also indicate that women do not ben- ital mutilation, school and workplace sexual Be it further resolved, That certified cop- efit from international development efforts harassment, sexual trafficking and exploi- ies of this Resolution be transmitted to the unless they are included in all aspects of a tation, prostitution, dowry-killings, domes- President of the United States through the development initiative from its beginning; tic violence, battering, and marital rape— Secretary of State, the Governor of the and causes more death and disability among State of Hawaii, the President of the United Whereas, the involvement of women in any women in the fifteen to forty-four age group States Senate, the Speaker of the United economic growth plan is critical because than cancer, malaria, traffic accidents, and States House of Representatives, Hawaii’s women and girls are more than half of the even war; and congressional delegation, the President of world’s population and represent signifi- Whereas, approximately 4,800,000 rapes and the Socialist Republic of Vietnam through cantly more than half of the population in physical assaults are perpetrated annually its San Francisco Consulate General, the areas particularly devastated by prolonged against women in the United States; and Governor of the Province of Thua Thien-Hue, conflict like Afghanistan; and Whereas, women in many countries lack Whereas, it is critical that initiatives and Socialist Republic of Vietnam, and the Di- rights to own land and inherit property, ob- programs funded through the Millennium rector of Business, Economic Development, tain credit, attend and stay in school, earn Challenge Account include activities that and Tourism. income, work free from job discrimination, enable women to play active roles in the eco- and have access to services that meet their nomic and civic activities of their countries; POM–136. A resolution adopted by the sexual and reproductive health needs; and now, therefore, House of the Legislature of the State of Ha- Whereas, 2,100,000,000 women around the Be it resolved by the House of Representa- waii relative to fully funding the Millennium globe live on less than two dollars a day, and tives of the Twenty-second Legislature of Challenge Account; to the Committee on women in the United States earn seventy- the State of Hawaii, Regular Session of 2003, Foreign Relations. three cents on average for every dollar That the United States Congress is urged to earned by men; and HOUSE RESOLUTION NO. 33 fully fund the Millennium Challenge Ac- Whereas, two-thirds of the 960,000,000 illit- Whereas, in September 2000, the United Na- count to enable poor and hungry people erate adults in the world are women and tions General Assembly adopted the United around the globe become self-reliant; and two-thirds of the 130,000,000 children not en- Nations Millennium Declaration, a resolu- Be it further resolved, That as the Millen- rolled in primary school are girls; now, tion establishing international development nium Challenge Account is implemented, it therefore,

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.091 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7611 Be it resolved by the House of Representa- child, as these family planning services ad- Whereas, The Northwest electricity system tives of the Twenty-second Legislature of dress other health problems such as sexually is different from most of the rest of the na- the State of Hawaii, Regular Session of 2003, transmitted diseases, which indirectly helps tion, including substantial differences in the That this body urges the United States Sen- with economic stability in developing coun- transmission ownership, a hydro-based sys- ate to demonstrate our nation’s commitment tries; and tem where the amount of energy generated is to human rights by ratifying the Convention Whereas, through the global gag rule, the limited by the amount of water in the rivers on the Elimination of All Forms of Discrimi- United States government not only stifles and behind the dams, complex legal arrange- nation Against Women, joining one hundred free speech, but affirmatively discriminates ments for multiple uses of the water to meet seventy other nations in endorsing the most against viewpoints it does not like, some- diverse goals (power, irrigation, fisheries, comprehensive treaty ensuring the funda- thing that would be unconstitutional in its recreation, and treaty obligations), and a mental human rights and equality of women; own country; and hydro-based system that requires substantial and Whereas, this gag rule was created by exe- coordination among plant owners and utili- Be it further resolved, That the United cution order of President Reagan in 1984; and ties, rather than the competitive market- States Congress is urged to affirm women’s Whereas, President Clinton canceled the based structure the SMD promotes; and fundamental right to reproductive health, gag order in 1993, but reluctantly restored it Whereas, The Northwest electricity system including the ability to choose the number of for one year in 1999 in exchange for the Re- has produced affordable, cost-based rates and children they will have and the timing of publicans in Congress agreeing to pay the reliable service for our region; and United States’ back dues to the United Na- their births, by funding high quality, vol- Whereas, Deregulation broke up traditions; and untary family planning and reproductive tional regulated utilities in order to create Whereas, President Bush reimposed the trading markets with the promise of lower health services that enable women to exer- global gag rule by executive order in Janu- cise this right; and costs, more consumer choice, more reli- ary 2001 and reaffirmed his opposition to re- ability, and fewer government bailouts. It in Be it further resolved, That certified cop- productive rights in his state of the union ies of this Resolution be transmitted to the fact produced higher prices, more manipula- address; and tion of consumers, volatility, brownouts, and President of the United States Senate, the Whereas, the gag order is consistent with bailouts running into the tens of billions; Speaker of the United States House of Rep- the United States administration’s recent and resentatives, and members of Hawaii’s con- announcement at an international con- Whereas, The SMD would harm consumers gressional delegation. ference that they support the ‘‘rhythm in our region through increased costs and de- method’’ of contraception; and POM–138. A resolution adopted by the Whereas, the global gag rule: undermines creased reliability; Now, therefore, Your Memorialists respect- House of the Legislature of the State of Ha- the human right to free speech, a right so fully pray that the Federal Energy Regu- waii relative to the Global Gag Rule imposed vigorously championed by our government latory Commission leave the Northwest elec- on International Family Planning Organiza- that it is part of our constitution; undercuts tricity system in place and withdraw the No- tions; to the Committee on Foreign Rela- our foreign policy; and damages women’s re- tice of Proposed Rulemaking establishing a tions. productive health; and Standard Market Design (SMD) for elec- HOUSE RESOLUTION NO. 34 Whereas, this misguided policy would be illegal were it to be imposed in our own coun- tricity; and Whereas, approximately 120 million cou- Your Memorialists further pray that in the try, and it is unconscionable for the United ples in the third world lack access to modern event that the Federal Energy Regulatory States to force it on other countries; jeop- contraception; and Commission does not withdraw its proposal, ardizing the health of millions of women and Whereas, the United States provides family the President and Congress take action to planning assistance funds to non-govern- children; and Whereas, the Legislature has already dem- prevent the Federal Energy Regulatory Com- mental organizations in fifty-nine countries; onstrated its support for women’s rights in mission from proceeding with their proposal. and Be it resolved, That copies of this Memo- the family context when it adopted House Whereas, these nations have a right to in- rial be immediately transmitted to the Hon- Resolution No. 15 during the 1999 Regular form their own people about legal family orable George W. Bush, President of the Session entitled ‘‘Urging the United States planning options and to discuss changes in United States, the Honorable Spencer Abra- Senate to Ratify the United Nations Conven- their family planning laws, in order to form ham, the Secretary of the United States De- tion on the Elimination of All Forms of Dis- their own policy and development, without partment of Energy, the Members of the Fed- crimination Against Women’’; and interference by the United States; and Whereas, legislation is pending in Congress eral Energy Regulatory Commission, Chair- Whereas, the United States has interfered to remove the global gag rule and permit the man Patrick Wood, III, Commissioner Nora with these non-governmental organizations non-governmental organizations to provide M. Brownell, and Commissioner William L. through the ‘‘global gag rule,’’ by which the appropriate and legal family planning serv- Massey, the President of the United States United States refuses to fund non-govern- ice and information in their home countries; Senate, the Speaker of the House of Rep- mental organizations that provide legal now, therefore, resentatives, and each member of Congress abortion services, lobby their own govern- Be it resolved by the House of Representa- from the State of Washington. ments for abortion law reform, or even pro- tives of the Twenty-second Legislature of POM–140. A resolution adopted by the Leg- vide accurate medical counseling or referrals the State of Hawaii, Regular Session of 2003, islature of the State of Washington relative regarding abortion, even if no United States That the United States Congress is hereby to the Federal Energy Regulatory Commis- money is used for those purposes; and urged to support a ban on the global gag sion; to the Committee on Energy and Nat- Whereas, in almost sixty per cent of these rule; and countries, abortion in some form is legal, yet Be it further resolved, That certified cop- ural Resources. the global gag rule prevents their non-gov- ies of this Resolution be transmitted to the SENATE JOINT MEMORIAL 8012 ernmental organizations from discussing the President of the United States, Speaker of Whereas, The Federal Energy Regulatory option of performing abortions, even if this the United States House of Representatives, Commission recently proposed a new pricing is done with the non-governmental organiza- the President of the United States Senate, policy for the rates of transmission owners tions’ own funds and not with any United and the members of Hawaii’s congressional that transfer operational control of their States funds; and delegation. transmission facilities to a Regional Trans- Whereas, in the countries where abortion mission Organization. (RTO), form inde- is not legal, the global gag rule prevents the POM–139. A joint resolution adopted by the pendent transmission companies within non-governmental organizations from speak- Legislature of the State of Washington rel- RTOs, or pursue additional measures that ing publicly about these issues to foster in- ative to the Federal Energy Regulatory promote efficient operation and expansion of formed debate on abortion, even if this free Commission; to the Committee on Energy the transmission grid; and speech is done with the non-governmental and Natural Resources. Whereas, The proposed policy would create organizations’ own funds; and Whereas, The Federal Energy Regulatory rate incentives based on an unproven theory Whereas, in rural areas, often these non- Commission proposal establishing a standard that it will improve grid performance, re- governmental organizations are the only market design (SMD) for electricity proceeds duce wholesale transmission and trans- health care providers, so restricting their from the premise that a single market model actions costs, improve electric reliability, funding affects the health of all people in the will work for the entire nation, as a result it and make electric wholesale competition community and forces the non-governmental would fundamentally change the way the more effective; and organizations to make an immoral choice: transmission system is operated, expand the Whereas, The proposal offers a single either give up desperately needed funds for Commission’s authority in state decisions model for the entire nation and fails to rec- family planning services, or give up their regarding resource adequacy and demand re- ognize regional differences in electricity gen- right to free speech and to provide their pa- sponse, and dismantle the regional benefits eration and transmission or the benefits de- tients with full and accurate medical infor- derived from public power; and rived from public power; and mation; and Whereas, Washington state has a com- Whereas, Washington state has a com- Whereas, the ‘‘global gag rule’’ process prehensive electricity policy, which encour- prehensive electricity policy, which encour- hurts good family-planning work that has ages efficiency while reflecting our unique ages efficiency while reflecting our unique little to do with the rights of an unborn resource base; and resource base; and

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.093 S10PT1 S7612 CONGRESSIONAL RECORD — SENATE June 10, 2003 Whereas, The Northwest electricity system Michigan businesses are working closely acres comprise the Coastal Plain for which is different from most of the rest of the na- with university researchers on these the potential for oil and gas production was tion and has produced affordable, cost-based projects; and acknowledged by Congress in the Alaska Na- rates and reliable service for our region; and Whereas, Michigan has made a significant tional Interest Lands Conservation Act of Whereas, We believe the proposed pricing commitment to encouraging enterprise in 1980; and incentives would harm consumers in our re- the field of emerging energy development. Whereas, oil and natural gas development gion through increased costs without any The Ninety-first Legislature enacted the and wildlife are successfully coexisting and positive cost-benefit analysis; and ‘‘NextEnergy’’ package of legislation to pro- advanced technology has greatly reduced the Whereas, We believe the proposed pricing mote energy research, especially fuel cell ‘‘footprint’’ of Arctic oil development; and incentives will harm the investment climate technology. These acts created a series of Whereas, the Alaska State AFL–CIO and for new electricity infrastructure in the re- tax credits, exemptions, and deductions for the Alaska Federation of Natives support region due to the Commission’s inability to en- businesses working on alternative energy sponsible oil and gas development on the sure delivery of the promised incentives, and technologies, in addition to providing for al- Coastal Plain of ANWR; and because the incentives first apply to existing ternative energy zones to spur investment. Whereas, environmentally responsible ex- transmission and second to new investment, The Next Energy Authority created in the ploration, development, and production of but only if a utility is a member of an RTO; Department of Management and Budget re- oil on the Coastal Plain of ANWR will pro- and flects the depth of the state’s commitment. vide incomes to federal and state govern- Whereas, We believe the proposed pricing Clearly, Michigan is uniquely suited for re- ments and general jobs and business opportu- incentives will make more difficult the for- search devoted to establishing a hydrogen- nities for residents in all 50 states; and mation of any new regional transmission or- based means of generating energy for our Whereas, the people of Montana, while in ganization that is, in fact, well-designed to cars, homes, and businesses; now, therefore, general and qualified support of continued fit Northwest regional circumstances be- be it development of fossil fuels, recognize that cause the generic incentive is a new cost Resolved by the Senate (the House of Rep- further development of fossil fuels addresses that outweigh any benefits of such an orga- resentative concurring), That we memori- the short-term needs of our nation’s energy nization; alize the President and Congress of the independence; and Now, therefore, Your Memorialists respect- United States to pursue and support fuel cell Whereas, the people of Montana agree with fully pray that the Federal Energy Regu- research projects in Michigan; and be it fur- the comments of President Bush during the latory Commission leave the Northwest elec- ther 2003 State of the Union Address that the de- tricity system in place and withdraw its pro- Resolved, That copies of this resolution be velopment of alternative energy sources, posed new pricing policy for the rates of transmitted to the Office of the President of which would make America truly inde- transmission owners until such time as a the United states, the President of the pendent, is the preferred path for our coun- cost-benefit analysis is completed that indi- United States Senate, the Speaker of the try; and cates a positive benefit from Northwest con- United States House of Representatives, and Whereas, the people of Montana recognize sumers, and the region expresses its desire to the members of the Michigan congressional that development of alternative energy form a new transmission organizations; and delegation. sources, including solar, hydrogen, wind, fuel Your Memorialists further pray that in the cell, ethanol, and biodiesel fuels, constitutes event that the Federal Energy Regulatory POM–142. A joint resolution adopted by the a preferred alternative to long-term energy Commission does not withdraw its proposal, Senate of the Legislature of the State of development; and the President and Congress take action to Montana relative to Arctic National Wildlife Whereas, people of Montana understand prevent the Federal Energy Regulatory Com- Refuge; to the Committee on Energy and that development of certain alternative en- mission from proceeding with their proposal. Natural Resources. ergy sources, such as ethanol and biodiesel fuel, would enhance the economic and agri- Be it resolved, That copies of this Memo- SENATE JOINT RESOLUTION NO. 22 rial be immediately transmitted to the Hon- cultural base of our great state; and Whereas, stable, affordable energy is vital orable George W. Bush, President of the Whereas, people of Montana further ac- to the economy and security of the people of United States, the Honorable Spencer Abra- knowledge that the efficient use of our exist- the State of Montana and the United States ham, the Secretary of the United States De- ing energy resources in a critical and stra- of America; and partment of Energy, the Members of the Fed- tegic priority in order to ensure our energy Whereas, the United States has become in- eral Energy Regulatory Commission, Chair- independence; and creasingly dependent on foreign supplies of man Patrick Wood, III, Commissioner Nora Whereas, America has demonstrated the crude oil to meet our energy needs and is M. Brownell, and Commissioner William L. ability to dramatically reduce the energy now importing more than 55% of the nation’s Massey, the President of the United States consumption in past times of national crisis crude oil needs; and Senate, the Speaker of the House of Rep- through fuel efficiency standards for auto- Whereas, dependence on imports is rising resentatives, and each member of Congress mobiles, installation of industrial efficiency and could exceed 65% by the year 2020 due to from the State of Washington. measures, and a conservation ethic among growth in demand and falling production; consumers. and POM–141. A concurrent resolution adopted Now, therefore, be it resolved by the Sen- Whereas, the recent events in Venezuela by the Legislature of the State of Michigan ate and the House of Representatives of the and other international problems have relative to fuel cell research projects; to the State of Montana: caused uncertainty in the commodities mar- Committee on Energy and Natural Re- (1) That the Congress of the United States kets about the future supply of oil; and sources. be urged to take action to stabilize domestic Whereas, these among other factors have crude oil supplies through facilitating addi- SENATE CONCURRENT RESOLUTION NO. 14 resulted in an increase in the price of crude tional production, to decrease our nation’s Whereas, In his State of the Union address, oil to over $33 per barrel and, with crude oil need for foreign oil from undependable President Bush identified fuel cell research costs being the largest component of the resources, to increase federal and state rev- as a national priority. While this move holds tail price of petroleum products, has resulted enue from oil and gas leasing, and, subject to great significance for our entire country, the in a significant increase in the national aver- prioritizing those efforts described in sub- urgency for developing a new energy source age price of gasoline and has similarly in- section (2), to support the economy through is most acutely understood in Michigan; and creased the price of other petroleum prod- addition of good paying jobs by opening the Whereas, Through the resources of the ucts vital to the economy of the United Coastal Plain of the Arctic National Wildlife automotive industry, smaller companies States and the lives of its citizens; and Refuge to oil and gas leasing and environ- across our state, and university research Whereas, the U.S. Department of Energy mentally responsible exploration, develop- being conducted at numerous locales, the estimates the Coastal Plain of the Arctic Na- ment, and production of the petroleum re- drive to develop the fuel cell as the next gen- tional Wildlife Refuge (ANWR) contains be- served. eration energy source has been in high gear tween 5.7 and 16 billion barrels of recoverable (2) That the Congress of the United States in Michigan for many years. The human and oil; and be urged to: technological resources Michigan has as the Whereas, production from the Coastal (a) increase support for development of home of the auto industry indicates both our Plain of ANWR could produce up to 1.5 mil- new sources of renewable energy, such as state’s capacity for fuel cell research and its lion barrels of oil per day for at least 25 biofuels (including biodiesel and ethanol), stake in advancing the next generation of years, which is comparable to the volumes wind, and solar: energy. Michigan’s efforts include innovative the United States is expected to import from (b) pursue development and use of fuel effi- approaches to virtually all aspects of the in- Iraq for the next 25 years and which rep- cient vehicles and development of new tech- frastructure necessary to develop fuel cells, resents nearly 25% of current daily U.S. pro- nologies such as fuel cells and other poten- including work on the storage and transpor- duction, and could save $14 billion dollars per tial applications of emerging hydrogen tech- tation of hydrogen; and year in oil imports; and nology; and Whereas, In addition to well-known efforts Whereas, ANWR consists of 19 million (c) develop programs and standards to en- within the auto industry, Michigan is also acres, of which 8 million are classified as wil- courage efficient use of existing resources in the site of research seeking to develop fuel derness, 9.5 million are designated as na- transportation, industrial and commercial cell applications for homes and businesses. tional refuge lands, and 8% or 1.5 million processes, and consumer end uses.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.096 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7613 Be it further resolved, That the Secretary water, and wildlife resources during the ex- cell applications for homes and businesses. of State send copies of this resolution to the ploration and development of the coastal Michigan businesses are working closely Governor, the Montana Congressional Dele- plain of the Arctic National Wildlife Refuge, with university researchers on these gation, the Speaker of the U.S. House of Rep- Alaska; and projects; and resentatives, the President of the U.S. Sen- Whereas the oil industry is using innova- Whereas, Michigan has made a significant ate, and the U.S. Secretary of the Interior. tive technology and environmental practices commitment to encouraging enterprise in in the new field developments at Alpine and the field of emerging energy development. POM—143. A resolution adopted by the Northstar, and those techniques are directly The Ninety-first Legislature enacted the Legislature of the State of Alaska relative to applicable to operating on the coastal plain ‘‘NextEnergy’’ package of legislation to pro- the Arctic National Wildlife Refuge; to the and would enhance environmental protection mote energy research, especially fuel cell Committee on Energy and Natural Re- beyond traditionally high standards; technology. These acts created a series of sources. Be it resolved by the Alaska State Legisla- tax credits, exemptions, and deductions for LEGISLATIVE RESOLVE NO. 4 ture, That the Congress of the United States businesses working on alternative energy is urged to pass legislation to open the coast- technologies, in addition to providing for al- Whereas, in sec. 1002 of the Alaska Na- al plain of the Arctic National Wildlife Ref- ternative energy zones to spur investment. tional Interest Lands Conservation Act uge, Alaska, to oil and gas exploration, de- The Next Energy Authority created in the (ANILCA) the United States Congress re- velopment, and production, and that the Department of Management and Budget reserved the right to permit further oil and gas Alaska State Legislature is adamantly op- flects the depth of the state’s commitment. exploration, development, and production posed to further wilderness or other restric- Clearly, Michigan is uniquely suited for re- within the coastal plain of the Arctic Na- tive designation in the areas of the coastal search devoted to establishing a hydrogen- tional Wildlife Refuge, Alaska; and plain of the Arctic National Wildlife Refuge, based means of generating energy for our Whereas the oil industry, the state, the Alaska; and be it cars, homes, and businesses; now, therefore, United States Department of the Interior Further resolved, That that activity be be it consider the coastal plain to have the high- conducted in a manner that protects the en- Resolved by the Senate, That we memori- est potential for discovery of very large oil vironment and the naturally occurring popu- alize the President and Congress of the and gas accumulations on the continent of lation levels of the Porcupine Caribou herd, United States to pursue and support fuel cell North America, estimated to be as much as and that uses the state’s work force to the research projects in Michigan; and be it fur- 10,000,000,000 barrels of recoverable oil; and maximum extent possible; and be it ther Whereas the ‘‘1002 study area’’ is part of Further resolved, That the Alaska State Resolved, That copies of this resolution be the coastal plain located within the North Legislature opposes any unilateral reduction transmitted to the Office of the President of Slope Borough, and residents of the North in royalty revenue from exploration and de- the United States, the President of the Slope Borough, who are predominantly velopment of the coastal plain of the Arctic United States Senate, the Speaker of the Inupiat Eskimo, are supportive of develop- National Wildlife Refuge, Alaska, and any United States House of Representatives, and ment in the ‘‘1002 study area’’; and attempt to coerce the State of Alaska into the members of the Michigan congressional Whereas oil and gas exploration and devel- accepting less than the 90 percent of the oil, delegation. opment of the coastal plain of the refuge and gas, and mineral royalties from the federal adjacent land could result in major discov- lands in Alaska that was promised to the POM–145. A resolution adopted by the Sen- eries that would reduce our nation’s future state at statehood. ate of the Legislature of the State of Kansas need for imported oil, help balance the na- Copies of this resolution shall be sent to relative to the F/A–22 Raptor; to the Com- tion’s trade deficit, and significantly in- the Honorable George W. Bush, President of mittee on Armed Services. crease the nation’s security; and the United States; the Honorable Richard B. SENATE RESOLUTION NO. 1871 Whereas domestic demand for oil continues Cheney, Vice-President of the United States Whereas, The Kansas Senate is pleased to to rise while domestic crude production con- and President of the U.S. Senate; the Honor- join citizens across our great state, our na- tinues to fall with the result that the United able Gale Norton, United States Secretary of tion, and the world in congratulating our States imports additional oil from foreign the Interior; the Honorable J. Dennis troops on their recent victory in Iraq, as well sources; and Hastert, Speaker of the U.S. House of Rep- as the hard working men and women across Whereas development of oil at Prudhoe resentatives; the Honorable Bill Frist, Ma- our state who design and assemble essential Bay, Kuparuk, Endicott, Lisburne, and Milne jority Leader of the U.S. Senate; the Honor- equipment and weaponry for our military; Point has resulted in thousands of jobs able Ted Stevens and the Honorable Lisa and throughout the United States, and projected Murkowski, U.S. Senators, and the Honor- Whereas, Air dominance has become a sig- job creation as a result of coastal plain oil able Don Young, U.S. Representative, mem- nature of our armed forces and a deter- development will have a positive effect in all bers of the Alaska delegation in Congress; mining factor when our military is drawn 50 states; and and to all other members the U.S. Senate into combat throughout the world; and Whereas Prudhoe Bay production is declin- and the U.S. House of Representatives serv- Whereas, Kansas’s defense and aerospace ing by approximately 10 percent a year; and ing in the 108th United States Congress. industry invests millions of dollars and em- Whereas, while new oil field developments ploys thousands of highly skilled workers in on the North Slope of Alaska, such as Al- POM–144. A resolution adopted by the Sen- Kansas; and pine, Badami, and West Sak, may slow or ate of the Legislature of the State of Michi- Whereas, Defense and aerospace companies temporarily stop the decline in production, gan relative to the fuel cell research; to the in Kansas provide our military with cutting only giant coastal plain fields have the theo- Committee on Energy and Natural Re- edge technological components that are used retical capability of increasing the produc- sources. to assemble vital military products, like the tion volume of Alaska oil to a significant de- United States Air Force’s new generation SENATE RESOLUTION NO. 17 gree; and fighter, the Lockheed Martin F/A–22 Raptor; Whereas opening the coastal plain of the Whereas, In his State of the Union address, and Arctic National Wildlife Refuge now allows President Bush identified fuel cell research Whereas, Projects like the F/A–22 Raptor sufficient time for planning environmental as a national priority. While this move holds will bring more than $32 million dollars to safeguards, development, and national secu- great significance for our entire country, the the Kansas economy while providing thou- rity review; and urgency for developing a new energy source sands of Kansans with high quality jobs, thus Whereas the 1,500,000-acre coastal plain of is most acutely understood in Michigan; and stimulating the aerospace industry in the the refuge makes up only eight percent of Whereas, Through the resources of the state; and the 19,000,000-acre refuge, and the develop- automotive industry, smaller companies Whereas, The State of Kansas has a tradi- ment of the oil and gas reserves in the ref- across our state, and university research tion of constructing both commercial and uge’s coastal plain would affect an area of being conducted at numerous locales, the military aviation products and is the home 2,000 to 7,000 acres, which is less than one- drive to develop the fuel cell as the next gen- of important components of our military’s half of one percent of the area of the coastal eration energy source has been in high gear air capabilities, such as the 22nd Air Refuel- plain; and in Michigan for many years. The human and ing Wing, as well as dedicated soldiers, sail- Whereas 8,000,000 of the 19,000,000 acres of technological resources Michigan has as the ors, marines and airmen flying and main- the refuge have already been set aside as wil- home of the auto industry indicates both our taining those aircraft at bases across the derness; and state’s capacity for fuel cell research and its country: Now, therefore, be it Whereas the oil industry has shown at stake in advancing the next generation of Resolved by the Senate of the State of Kansas, Prudhoe Bay, as well as at other locations energy. Michigan’s efforts include innovative That the members of this body recognize along the Arctic coastal plain, that it can approaches to virtually all aspects of the in- that the F/A–22 Raptor is critical to the Kan- safely conduct oil and gas activity without frastructure necessary to develop fuel cells, sas economy and that the members of this adversely affecting the environment or wild- including work on the storage and transpor- body implore the Congress of the United life populations; and tation of hydrogen; and States to fully fund the F/A–22 program, thus Whereas the state will ensure the contin- Whereas, In addition to well-known efforts providing our military heroes with the vital ued health and productivity of the Porcupine within the auto industry, Michigan is also resources they need and invigorating our Caribou herd and the protection of land, the site of research seeking to develop fuel economy; and be it further

VerDate Jan 31 2003 05:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.117 S10PT1 S7614 CONGRESSIONAL RECORD — SENATE June 10, 2003 Resolved, That the Secretary of the Senate United States Air Force’s new generation Whereas, short-range and medium-range be directed to send enrolled copies of this fighter, the Lockheed Martin F/A–22 Raptor; ballistic missiles launched from ships off the resolution to the President of the United and East Coast of the United States would be States Senate, the Speaker of the United Whereas, Projects like the F/A–22 Raptor outside the protective reach of the Pacific States House of Representatives and to each will bring more than $32 million dollars to Ocean-based and Alaska-based system, and member of the Kansas legislative delegation. the Kansas economy while providing thou- the population of Virginia’s Tidewater, as sands of Kansans with high quality jobs, thus well as the preponderant national naval pres- POM–146. A resolution by the Legislature stimulating the aerospace industry in the ence located there, are now vulnerable and of the State of Arizona relative to weapons state; and will be still vulnerable to such a missile at- of mass destruction; to the Committee on Whereas, The State of Kansas has a tradi- tack with warheads of mass destruction after Armed Services. tion of constructing both commercial and planned deployment in 2005 of missile de- military aviation products and is the home SENATE CONCURRENT RESOLUTION 1021 fenses in Alaska and California; and of important components of our military’s Whereas, the people of the State of Arizona Whereas, missile defense interceptors air capabilities, such as the 22nd Air Refuel- based in Alaska and California may not be view with growing concern the proliferation ing Wing, as well as dedicated soldiers, sail- of nuclear, chemical and biological weapons able to protect the population of Virginia’s ors, marines and airmen flying and main- Tidewater and other East Coast areas from of mass destruction and the missile delivery taining those aircraft at bases across the capabilities of these weapons in the hands of long-range ballistic missiles launched from country: Now, therefore, threatening states in the Middle East and unstable foreign regimes; and Be it resolved by the house of representa- Whereas, the tragedy of September 11, 2001 North Africa; and tives of the State of Kansas, That the mem- Whereas, the United States Navy has dem- shows that America is vulnerable to attack bers of this body recognize that the F/A–22 onstrated its capability to use ships that can by foreign enemies; and Raptor is critical to the Kansas economy and Whereas, the people of the State of Arizona be based in Virginia’s Tidewater area to that the members of this body implore the intercept short-range and medium-range bal- wish to affirm their support of the United Congress of the United States to fully fund States government in taking all actions nec- listic missiles while they are rising from the F/A–22 program, thus providing our mili- their launchers, which could be on nearby essary to protect the people of America and tary heroes with the vital resources they future generations from attacks by missiles ships, and this capability can be improved to need and invigorating our economy; and intercept long-range ballistic missiles; now, capable of causing mass destruction and loss Be it further resolved, That the Chief Clerk of American lives: therefore, be it resolved by therefore, be it of the house of representatives be directed to Resolved, That the Virginia House of Dele- the senate of the State of Arizona, the house of send enrolled copies of this resolution to the gates hereby urge the President of the representatives concurring: President of the United States Senate, the United States to continue to take all actions 1. That the Members of the Legislature Speaker of the United States House of Rep- necessary, directing the considerable sci- support the President of the United States in resentatives and to each member of the Kan- entific and technological capability of this directing the considerable scientific and sas legislative delegation. great Union, to protect all 50 states and their technological capabilities of this nation and POM–148. A resolution adopted by the people, our allies, and our armed forces in taking all actions necessary to protect the House of the Legislature of the Common- abroad from the threat of missile attack; states and their citizens, our allies and our wealth of Virginia relative to missile defense and, be it armed forces abroad from the threat of mis- programs; to the Committee on Armed Serv- Resolved further, That the Virginia House sile attack. ices. of Delegates hereby convey to the President 2. That the Members of the Legislature HOUSE RESOLUTION NO. 40 of the United States and the United States convey to the President and Congress of the Congress that an ocean-to-ocean, effective United States that a coast-to-coast, effective Whereas, Virginia, the Old Dominion, lo- missile defense system will require the de- missile defense system will require the de- cated in the upper South region of the ployment of a robust, multilayered architec- ployment of a robust, multi-layered archi- United States and populated by more than ture consisting of integrated land-based, sea- tecture consisting of integrated land-based, 7,000,000 persons, is noted for its contribution based, air-based, and space-based capabilities sea-based and space-based capabilities to to the founding of the United States through to deter evolving future threats and to meet deter evolving future threats from missiles leadership and political thought, maintains and destroy them when necessary; and as weapons of mass destruction and to meet distinguished centers of higher education and research, is the site of advanced infor- Resolved further, That the Virginia House and destroy them when necessary. of Delegates urge the President of the United 3. That the Members of the Legislature ap- mation and defense technology, is the center States and the United States Congress to peal to the President and Congress of the of national naval force concentration, and is plan and provide funding for a Tidewater United States to plan and fund a missile de- the foremost shipbuilder on its coast, while Virginia and East * * * fense system beyond 2005 that would consoli- possessing natural endowments of mountains date technological advancement and expan- and forests on its western limits and agri- * * * * * sion from current limited applications. culture on its southern tier; and Whereas, the people of Virginia are con- 4. That the Secretary of State of the State POM–149. A concurrent resolution adopted scious of these assets of the Old Dominion of Arizona transmit copies of this Resolution by the Senate of the Legislature of the State and desire a favorable future for their chil- to the President of the United States, the of Michigan relative to homeland security; dren and future generations; and President of the United States Senate, the to the Committee on Environment and Pub- Whereas, Virginia provided leadership in Speaker of the United States House of Rep- lic Works. the Revolutionary War, was the location of resentatives and each member of Congress the surrender of Great Britain that ended it, SENATE CONCURRENT RESOLUTION NO. 20 from the State of Arizona. and has contributed notably to national de- Whereas, As our country continues to put fense through its citizenry both in the mili- in place stronger defenses against terrorism POM–147. A resolution adopted by the tary and industry ever since; and through homeland security measures, a key House of the Legislature of the State of Kan- Whereas, the people of Virginia are aware component will be the establishment of re- sas relative to the F/A–22 Raptor; to the of the global proliferation of short-range, gional headquarters for the United States Committee on Armed Services. medium-range, and long-range ballistic mis- Department of Homeland Security. The HOUSE RESOLUTION NO. 6027 siles as weapons of mass destruction and President has called for regional centers in Whereas, The Kansas House of Representa- their threat to our nation, our allies, and our his 2004 budget proposal; and tives is pleased to join citizens across our armed forces abroad; and Whereas, In the Midwest, an excellent site great state, our nation, and the world in con- Whereas, the United States does not pos- for a regional headquarters is the Selfridge gratulating our troops on their recent vic- sess an effective defense against such mis- Air National Guard Base in Macomb County. tory in Iraq, as well as the hard working men siles launched by hostile states, by terrorist The advantages this location offers range and women across our state who design and organizations within the borders of such from low costs, unsurpassed strategic signifi- assemble essential equipment and weaponry states, or from ships anywhere on the world’s cance, and facilities that can provide for a for our military; and seas and oceans, including near the coastal swift and smooth transition to the respon- Whereas, Air dominance has become a sig- cities of America; and sibilities of homeland security work; and nature of our armed forces and a deter- Whereas, the President of the United Whereas, Located at the heart of the na- mining factor when our military is drawn States has withdrawn from the treaty with tion’s freshwater network and near several into combat throughout the world; and the now-extinct Soviet Union that prohib- of the busiest international points of entry Whereas, Kansas’ defense and aerospace in- ited effective American self-defense against along our northern border, Selfridge is well dustry invest millions of dollars and employs ballistic missile attack and has announced positioned to handle quickly any type of thousands of highly skilled workers in Kan- the deployment of a ground-based and sea- task to protect America’s people, resources, sas; and based limited missile defense system by the and infrastructure. Clearly, this location of- Whereas, Defense and aerospace companies year 2005 as a beginning toward a robust sys- fers opportunities for enhanced responsive- in Kansas provide our military with cutting tem that will be multilayered, meaning land, ness to the challenges before us in safe- edge technological components that are used sea, air, and space interception components; guarding our nation in the years ahead; now, to assemble vital military products, like the and therefore, be it

VerDate Jan 31 2003 05:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.121 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7615 Resolved by the Senate (the House of Rep- Whereas, as a result of serious questions that the emergency evacuation plan of ‘‘any resentatives concurring), That we urge the raised regarding the Westchester County’s plant adjacent to high population areas United States Department of Homeland Se- Emergency Evacuation Plan at the Indian should have different requirements than curity to locate its Midwestern headquarters Point Nuclear Power Plants, an independent, plants otherwise situated, because protective at the Selfridge Air National Guard Base in non-governmental assessment was made of actions are more difficult and the con- Macomb County; and be it further the ability of Plan to achieve its goals of sequences of failure or delay are higher,’’ and Resolved, That copies of this resolution be protecting public health and ensuring public be it further transmitted to the Secretary of the United safety, and Resolved, That the New Castle Town Board States Department of Homeland Security, Whereas, under contract with the State of calls upon the Nuclear Regulatory Commis- the President of the United States Senate, New York such as assessment has been made sion to begin the decommissioning process to the Speaker of the United States House of by James Lee Witt associates, LLC and their reduce the vulnerability of the Indian Point Representatives, and the members of the finding included: (1) The plans are built on Nuclear Power Plants at the earliest possible Michigan congressional delegation. compliance with regulations, rather than a date, and be it further strategy that leads to structures and sys- Resolved, That the New Castle Town Board POM–150. A resolution adopted by the Sen- tems to protect from radiation exposure; (2) hereby directs that its will and its desire as ate of the Legislature of the State of Michi- The plans appear based on the premise that expressed through this Resolution be trans- gan relative to Medicare; to the Committee people will comply with official government mitted to all appropriate parties within the on Environment and Public Works. directions rather than acting in accordance County, State and Federal governments em- SENATE RESOLUTION NO. 52 with what they perceive to be their best in- powered to act upon and effect the provisions Whereas, Mental health and emotional sta- terest; (3) The plans do not consider the pos- as stated herein. bility are key components of every person’s sible additional ramifications of a terrorist overall health and well-being. The correla- caused release; (4) The plans do not consider POM–152. A resolution adopted by the tion between mental health and physical the reality and impacts of spontaneous evac- House of the Legislature of the State of health is well established. However, there uation; and (5) Response exercises designed Michigan relative to the transportation are numerous situations in which mental to test the plans are of limited use in identi- funds; to the Committee on Environment health and mental health services are con- fying inadequacies and improving subse- and Public Works. sidered far differently than physical mala- quent responses; and HOUSE RESOLUTION NO. 9 dies; and Whereas, these deficiencies have, in turn, called into question the ability of the Plan Whereas, For several decades, Michigan Whereas, Under the current practices of has sent much more federal highway tax our Medicare system, several types of mental to achieve the goals of protecting public health and ensuring public safety: Now money to Washington than it has received in health and counseling services are not cov- return. This imbalance has helped our nation ered. This omission is especially inappro- therefore be it Resolved, That security at the Indian Point build the country’s highway infrastructure. priate in view of the fact that senior citizens Nuclear Power Plants needs to be placed With the national infrastructure largely often face more challenges to their emo- under the control of the United States mili- completed, the continuation of the imbal- tional and mental well-being than other age tary and that this be done without further ance has created a serious challenge for groups. Senior citizens suffer from depres- delay, and be it further Michigan and other ‘‘donor states’’; and sion at higher rates than other age groups, Resolved, That the New Castle Town Board Whereas, Michigan, which typically loses for example; and calls upon the County, State and Federal between $150 million and $400 million each Whereas, Congress has before it a measure Governments to immediately begin to imple- year by sending more to Washington than it that would address this gap in Medicare cov- ment those recommendations of the Witt Re- receives, is severely hampered. The unfair erage. The Seniors Mental Health Access Im- port relevant to their respective responsibil- practice of contributing hundreds of millions provement Act, S. 310, would amend the ities in and for the Emergency Evacuation of dollars beyond the amount we receive to Medicare system to provide for the coverage Plan, and be it further fund projects in other parts of the country of marriage and family therapist services Resolved, That the New Castle Town Board makes it far more difficult for Michigan to and mental health counselor services under calls upon the County Executive or any maintain the quality of its highways. The Part B of Medicare. The impact of adding other official and/or employee of the County loss of funding also represents a serious loss this coverage would be beneficial not only to of Westchester to not issue a radiological of economic activity; and countless individuals and families, but also emergency preparedness activities form or Whereas, The chairman of the House to the Medicare system through the im- any other official communication that would Transportation and Infrastructure Com- proved overall health it would encourage: in any way state or imply that the Emer- mittee and the chairman of the Senate Envi- Now, therefore, be it. gency Evacuation Plan as it currently exists ronment and Public Works Committee in Resolved by the Senate, That we memori- is capable of achieving its goals of protecting Congress have proposed a major change in alize the Congress of the United States to public health and ensuring public safety in how federal highway funds are distributed. enact legislation to include the services of li- the event of a radiological incident, and be it They have called for a funding formula that censed professional counselors and marriage further would guarantee that all states receive a and family therapists among services cov- Resolved, That the New Castle Town Board minimum of 95 percent of what they each ered under Medicare; and be it further calls upon the Governor of the State of New contribute to the federal highway program; , That copies of this resolution be Resolved York, in recognition of the refusal of the and transmitted to the President of the United County Executives of all four affected Coun- Whereas, The potential impact for Michi- States Senate, the Speaker of the United ties to issue letters of certification (also gan of a guarantee of at least 95 percent of States House of Representatives, and the known as checklists) concerning the this funding would be very significant. Even members of the Michigan congressional efficiacy of the Emergency Evacuation Plan, as the economy calls for more careful public delations. to refuse to certify said Plan to the Federal expenditures, this proposed policy change Emergency Management Agency, and be it would help Michigan and bring greater fair- POM–151. A resolution adopted by the town further ness to the issue of transportation spending. of New Castle of the State of New York rel- Resolved, That the New Castle Town Board Citizens, visitors, and businesses of this ative to the Indian Point Nuclear Power calls upon the Federal Emergency Manage- state would benefit enormously from this Plants; to the Committee on Environment ment Agency to decertify the Emergency long overdue policy: Now, therefore, be it and Public Works Evacuation Plan as inadequate to protect Resolved by the House of Representatives, Whereas, the Town of New Castle seeks to the public health and to ensure public safety, That we memorialize the Congress of the ensure the public health and safety of those and be it further United States to enact legislation to provide who live and/or work within the town, and Resolved, That the New Castle Town Board that all states receive a minimum of 95 per- Whereas, the Town of New Castle has been calls upon the Nuclear Regulatory Commis- cent of transportation funds sent to the fed- coordinating efforts with the Westchester sion, in recognition of the inadequacies of eral government and to urge Congress to County Board of Legislators for the past the Emergency Evacuation Plan to protect make the return of transportation money to three years to monitor the County’s Emer- the public health and to ensure public safety, the states a higher priority within existing gency Evacuation Plan that would be put to order an immediate shutdown of the In- federal revenues; and be it further into effect in the event of a radiological inci- dian Point Nuclear Power Plants until such Resolved, That copies of this resolution be dent at the Indian Point Nuclear Power time as it can be demonstrated that a re- transmitted to the President of the United Plants, and vised emergency evacuation plan, which ad- States Senate, the Speaker of the United Whereas, the Town of New Castle has sup- dresses all the inadequacies of the current States House of Representatives, and the ported the Westchester County Board of Leg- Emergency Evacuation Plan as described in members of the Michigan congressional dele- islator’s efforts to obtain an independent, the James Lee Witt Associates, LLC Report, gation. non-governmental assessment of the ability can achieve its goals of protecting the public of the County’s Emergency Evacuation Plan health and ensuring public safety. Such re- POM–153. A resolution adopted by the to achieve its goals to ensure public health vised emergency evacuation plan should pay House of the Legislature of the State of and safety, and particular attention to the recommendation Michigan relative to the Solid Waste; to the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.125 S10PT1 S7616 CONGRESSIONAL RECORD — SENATE June 10, 2003 Committee on Environment and Public be taken to significantly reduce nitrogen State and thus the health of the industry is Works. pollution; and inextricably linked to the economic health HOUSE RESOLUTION NO. 10 Whereas, sewage treatment plants in Vir- of the populations in these rural regions; and ginia discharge up to 25 milligrams of nitro- Whereas, Approximately one hundred fifty Whereas, In 1992, the United States Su- gen per liter of wastewater, while current million bushels of wheat is produced annu- preme Court, in Fort Gratiot Sanitary Land- technology allows the nitrogen content of ally on two and one-half million acres by five fill v. Michigan Department of Natural Re- treated wastewater to be reduced to only 3 thousand farms and generates four hundred sources, ruled that states could not ban the milligrams per liter; and fifty million dollars in gross crop value, importation of solid waste because Congress Whereas, United States Senators of Vir- placing Washington State third in the nation has the ultimate authority to regulate inter- ginia and the United States House of Rep- among wheat producing states; and state commerce. Since that time, Michigan resentatives from the 1st, 3rd, 4th, 6th, 8th, Whereas, Washington is one of the largest has become the dumping ground for increas- 10th, and 11th Virginia Congressional Dis- and most heavily reliant of the wheat ex- ing amounts of solid waste from out of our tricts have introduced legislation to provide porting states with up to ninety percent of state and our country; and cost-share grant funding to allow Bay water- the state’s production being exported each Whereas, Michigan is the third-largest im- shed sewage treatment plants to substan- year; and porter of solid waste in the country. Ap- tially reduce their nitrogen pollution by in- Whereas, The wheat production in Wash- proximately 20 percent of all trash in Michi- stalling NRT; now, therefore, be it ington State is predominantly by family gan landfills now originate outside of Michi- Resolved by the House of Delegates, That farm operations that are as efficient and pro- gan. The amounts have increased signifi- the Congress of the United States be urged ductive as any growers in the world and that cantly in the past several years, and recent to adopt legislation in support of funding for produce the highest quality product possible; reports of a major contract with Ontario and nitrogen reduction technology (NRT) in the and of the closing of the nation’s largest landfill 108th Congress; and, be it Whereas, Despite being the most efficient in New York seem to indicate this issue will Resolved further, That the Clerk of the producers of the highest quality product, low loom larger in the future; and House of Delegates transmit copies of this prices received by farmers in recent years, Whereas, An agreement between the city of resolution to the President of the United especially for those farmers with loan obli- Vaughan, Ontario, and Carleton Farms in States Senate, the Speaker of the United gations, have resulted in the continual ero- Wayne County’s Sumpter Township will States House of Representatives, and the sion in many farmers’ net worths and a loss thrust Michigan into being the second-larg- members of the Virginia Congressional Dele- of farming operations; and est importer of solid waste in the country gation so that they may be apprised of the Whereas, Because prices for wheat in re- next year, as Michigan will be accepting a sense of the House of Delegates of Virginia in cent years, including funds from government large majority of the city of Toronto’s mu- this matter. programs, have frequently been at or below nicipal solid waste; and the cost of production, the wheat farming Whereas, Accepting unlimited volumes of POM–155. A joint resolution adopted by the community is very sensitive to significant trash from outside our state has serious Legislature of the State of Washington rel- government actions that affect supply and long-term consequences. Long after the ative to the Forest Service; to the Com- demand and depress wheat prices; and money from the contracts has been spent, a mittee on Agriculture, Nutrition, and For- Whereas, The price of the soft white wheat potential environmental threat continues, as estry. predominately grown in Washington reached does an obligation to monitor disposal sites SUBSTITUTE SENATE JOINT MEMORIAL 8002 a high in early fall of four dollars and eighty to protect water and public health from Whereas, Wildfires in forest areas are in- cents per bushel at the Portland grain ter- toxic releases. Clearly, any state accepting creasing at an alarming rate with the 2002 minal but has fallen dramatically by over these long-term risks should be able to regu- fire season one of the most severe since the one dollar per bushel due to a combination of late the creation of that risk, regardless of 1940s; and factors, including large sales over a short pe- where it originate; now, therefore, be it Whereas, There are over 180 million acres riod of time from federally held grain re- Resolved by the House of Representatives, of public land near communities with a high serves and the labor dispute causing the ces- That we memorialize the Congress of the risk of fire; and sation in the shipment of grain at export fa- United States to enact legislation to give Whereas, Forest health both in Washington cilities; and states the authority to ban importation of state and throughout the nation has been on Whereas, A bushel of wheat makes forty- out-of-state solid waste; and be it further a steady decline in many forests over the two pounds of flour, which makes sixty-six Resolved, That copies of this resolution be last thirty years; and loaves of bread, and comprises only six cents transmitted to the President of the United Whereas, Forest insect infestations, dis- of the one dollar and thirty cents average re- States Senate, the Speaker of the United ease, overly dense forests, weeds, and brush tail price per loaf; States House of Representatives, and the and shrub build-up are increasing problems; Now, therefore, Your Memorialists respect- members of the Michigan congressional dele- and address all forest health issues in order fully pray that new federal procedures be es- gation. to stem the tide of forest and grazing land tablished to assure that future sales of wheat wildfire, insect infestations, disease, and en- stocks from federally held grain reserves be POM–154. A resolution adopted by the Leg- vironmental degradation; and conducted in a manner that such sales will islature of the Commonwealth of Virginia Be it further resolved, That federal and not unduly disrupt the market while also relative to funding nitrogen reduction tech- state agencies work with all stakeholders to fulfilling the original intent of providing for nology (NRT); to the Committee on Environ- promote efforts that provide policy solutions emergency humanitarian food needs in de- ment and Public Works. and to conduct field operations so that our veloping countries. HOUSE RESOLUTION NO. 38 nation’s public forests’ health issues can be Be it resolved, That copies of this Memo- Whereas, the Chesapeake Bay and its trib- addressed; and rial be immediately transmitted to the Hon- utaries are national treasures that play a Be it further resolved, That Congress pro- orable George W. Bush, President of the vital role in many sectors of Virginia’s econ- vide adequate funding levels for the United United States, the Honorable Ann M. omy including the commercial seafood, rec- States Forest Service and continually assess Veneman, Secretary of the United States De- reational fishing, and tourism industries; the progress towards a healthy forest envi- partment of Agriculture, the President of and ronment; the United States Senate, the Speaker of the Whereas, while significant progress has Be it further resolved, That copies of this House of Representatives, and each member been made in restoring the Chesapeake Bay Memorial be immediately transmitted to the of Congress from the State of Washington. and its tributaries, they remain in a signifi- Honorable George W. Bush, President of the cantly degraded condition; and United States, the Honorable Ann M. POM–157. A concurrent resolution adopted Whereas, nitrogen pollution, the most seri- Veneman, Secretary of the Department of by the Legislature of the State of Louisiana ous problem facing water quality in the Bay Agriculture, Dale Bosworth, Chief of the relative to the cotton production insurance; today, results in excessive algae growth that Forest Service, and the Honorable Gail A. to the Committee on Agriculture, Nutrition, clouds water, depletes oxygen, and severely Norton, Secretary of the Department of the and Forestry. impacts vital bay grasses, young fish, and Interior, the President of the United States HOUSE CONCURRENT RESOLUTION NO. 90 crabs; and Senate, the Speaker of the House of Rep- Whereas, the majority of cotton producers Whereas, the Commonwealth Is a signatory resentatives, and each member of Congress in the state of Louisiana are in support of to the Chesapeake 2000 Agreement, in which from the State of Washington. crop insurance based on the cost of produc- Virginia pledged to significantly reduce pol- tion; and lution sufficient to remove the Chesapeake POM–156. A joint resolution adopted by the Whereas, Louisiana has experienced sev- Bay from the United States Environmental Legislature of the State of Washington rel- eral consecutive years with natural disasters Protection Agency’s impaired waters list by ative to the government involvement in the that have reduced actual production history; 2010; and wheat market; to the Committee on Agri- and Whereas, upgrading sewage treatment culture, Nutrition, and Forestry. Whereas, many producers have found that plants, which currently contribute 61 million SENATE JOINT MEMORIAL 8015 their level of coverage is either too high, pounds of nitrogen annually to the Bay, is Whereas, Wheat farming is the major in- eroded, or unavailable as a result of consecu- one of the most cost-effective steps that can dustry in many rural regions of Washington tive years with natural disasters; and

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.130 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7617 Whereas, cost of production insurance will Whereas, In an effort to save this species of Jenkins declaring that federal judges have a provide producers and lending institutions tree, Michigan has asked Congress to provide constitutionally based authority and power more coverage and reliability and reduce the financial assistance to state and municipal to levy or increase taxes; and need for ad hoc disaster spending to cover officials. In addition, these officials need Whereas, many believe that this opinion is production costs in the event of catastrophic technical assistance to develop a sound contrary to the intent and beliefs of our natural disasters; and strategy of combating this destructive Forefathers, wherein, the three branches of Whereas, the taxpayers of this state and vermin, which clearly has the potential to the United States government are to be sepa- country deserve a more fiscally responsible cause great damage not only in Michigan, rate in power and responsibilities; and plan than off-budget emergency spending to but across the country; Now, therefore, be it Whereas, Alexander Hamilton, Federalist deal with catastrophic agricultural losses; Resolved by the House of Representatives, No. 78, states, ‘‘(T)here is no liberty, if the and That we memorialize the Congress of the power of judging be not separated from the Whereas, cost of production insurance is a United States to establish a quarantine for legislative and executive powers’’; and concept that allows producers of cotton to the emerald ash borer and provide assistance Whereas, the CNMI Legislature is in accord insure between seventy and ninety percent of to help Michigan combat the infestation; and with these several states who are looking to their documented variable costs of produc- be it further the U.S. Congress to put an end to this dan- tion; and Resolved That copies of this resolution be gerous practice of exercising legislative au- Whereas, cost of production insurance transmitted to the President of the United thority by the Supreme Court; and would greatly enhance each producer’s abil- States Senate, the Speaker of the United Whereas, this is an effort to maintain our ity to survive natural disasters and eco- States House of Representatives, the United Forefathers intent of establishing a demo- nomic crises; and States Department of Agriculture, and the cratic body with principles that ensure our Whereas, the United States Department of members of the Michigan congressional dele- freedom and liberty, moreover, to protect Agriculture’s Risk Management Agency has gation. the integrity of the U.S. Constitution and its received a proposal for implementation of a intent to separate, and not duplicate, the POM–159. A resolution adopted by the Sen- cost of production insurance pilot program powers of the Executive Branch, Legislative ate of the Legislature of the State of Michi- from AgriLogic, Inc., and the Coalition of Branch, and Judicial Branch; now, therefore gan relative to Emerald Ash Borer; to the American Agriculture Producers, but has not Be it resolved, by the House of Representa- Committee on Agriculture, Nutrition, and yet implemented such a program, although tives, Twelfth Northern Marianas Common- Forestry. the United States Congress has requested wealth Legislature, That the House is re- them to do so. SENATE RESOLUTION NO. 49 quested the U.S. Congress to pass a resolu- Therefore, be it resolved, That the Legisla- Whereas, With alarming swiftness, the em- tion calling for the adoption of an amend- ture of Louisiana does hereby urge and re- erald ash borer, an aggressive Asian insect, ment to the United States Constitution quest the United States Secretary of Agri- is threatening virtually all of the ash trees which shall read: ‘‘Neither the Supreme culture to expeditiously implement and ex- in this state and region. In spite of a quar- Court nor any inferior court of the United pand cost of production insurance for cotton antine in 6 southeastern Michigan counties, States shall have the power to instruct or that is based on a producer’s actual produc- this beetle has killed 5 million of the 28 mil- order a state or political subdivision, there- tion cost history and to implement a cost of lion ash trees in the quarantined area. Over- of, or any official of such state or political production insurance pilot program. all, the emerald ash borer, an invasive spe- Be it further resolved, That a copy of this subdivision, to levy or increase taxes.’’; and cies that is causing similar devastation in Be it further resolved, That the Speaker of Resolution be transmitted to the President Ontario and Ohio, threatens as many as 700 the House shall certify and the House Clerk of the United States, the Secretary of the million trees in our state; and shall attest to the adoption of this resolu- United States Department of Agriculture, Whereas, Ash trees are very important to tion and thereafter transmit copies to the the Speaker of the United States House of the ecology of our state. They are also used Honorable Richard B. ‘‘Dick’’ Cheney, Vice- Representatives, the President of the United for many products in several sectors of the President of the United States and Presiding States Senate and to each member of the economy. Beyond these factors, the ash trees Officer of the U.S. Senate; to the Honorable Louisiana Congressional Delegation. that grace our communities and neighbor- Denny Hastert, Speaker of the U.S. House of hoods are beloved shade trees that con- Representatives; and the Honorable Walt POM–158. A resolution adopted by the tribute enormously to the character and House of the Legislature of the State of Mueller, Senator, 15th District, State of Mis- beauty of Michigan; and souri. Michigan relative to Emerald Ash Borer; to Whereas, The Governor is working to se- the Committee on Agriculture, Nutrition, cure quick help from the federal government POM–161. A resolution adopted by the and Forestry. to deal with this swiftly escalating problem. House of the Legislature of the State of HOUSE RESOLUTION NO. 36 Michigan badly needs technical and financial Michigan relative to Bovine Tuberculosis; to assistance in the face of this emergency. The Whereas, In an amazingly short period of the Committee on Health, Education, Labor, state has taken decisive actions to deal with time, an important species of tree in Michi- and Pensions. gan faces a devastating infestation from an this invasive species, but the magnitude of insect known as the emerald ash borer. This the problem and the immediacy of the issue HOUSE RESOLUTION NO. 58 beetle, which has also been found in Ontario make it clear that we need the swift assist- Whereas, Bovine tuberculosis is an infec- and Ohio, is thought to have entered Michi- ance of Congress and the United States De- tious disease that poses a significant risk to gan in 1997. Already, this insect has killed 5 partment of Agriculture; now therefore, be it domestic livestock, wildlife, companion ani- million trees in the six-county area of south- Resolved by the senate, That we memori- mals, and humans throughout the world; and eastern Michigan. In response, the state has alize the Congress of the United States and Whereas, Bovine tuberculosis has many se- quarantined the six counties, where approxi- the United States Department of Agriculture vere impacts beyond the disease itself. It in- mately 28 million ash trees are at risk; and to provide assistance, including financial as- creases costs, limits markets for livestock Whereas, The potential economic and eco- sistance, in the effort to deal with the infes- producers nationally and internationally, de- system impact of this invading species would tation of the emerald ash borer; and be it presses interest in the state’s hunting and be dramatic across our state and potentially further tourism industries, and requires state re- the entire country. In addition to what the Resolved, That copies of this resolution be sources for its eradication. These factors loss of all ash trees would mean to the ap- transmitted to the President of the United have impacted the families of northeastern pearance of our homes, communities, and the States Senate, the Speaker of the United Lower Michigan significantly; and entire state, ash trees constitute an impor- States House of Representatives, and the Whereas, Since the discovery of bovine tu- tant and versatile lumber resource that may members of the Michigan congressional dele- berculosis in wild white-tailed deer in Michi- be lost without swift and certain actions. As gation. gan in 1995, and in cattle in 1998, the state of with any type of plant so widespread, the Michigan, in a partnership with Michigan loss of Michigan’s estimated one billion ash POM–160. A resolution adopted by the State University, the livestock industry, the trees clearly could have unforeseen effects House of the Legislature of the Common- hunting and outdoors community, and local on our forest ecology; and wealth of the Northern Marianas relative to and federal officials, has worked diligently Whereas, The United States Department of a constitutional amendment to prohibit Fed- to control, contain, and eradicate the dis- Agriculture (USDA) must establish a federal eral Judges from Ordering states, or local ease; and quarantine for the emerald ash borer. Such units of government, to increase or levy Whereas, Through an aggressive testing action would provide uniform rules for slow- taxes; to the Committee on the Judiciary. plan for livestock and wildlife, Michigan is ing or containing the northern advance of HOUSE RESOLUTION NO. 12–109 able to demonstrate to other states and the the insect; guarantee sufficient protections Whereas, several State legislatures in the world that this disease is not present for international commerce with Canada, United States are adopting resolutions ad- throughout the entire state of Michigan and which is also experiencing infestation; and dressing a clear violation of the United that the tremendous efforts undertaken with allow for the compensation of a number of States Constitution and the legislative proc- both livestock and wildlife are moving the growers, distributors, retailers, and contrac- ess; and state toward eradication; and tors within the quarantine area who have Whereas, in 1990 the U.S. Supreme Court Whereas, Federal assistance on technical, lost crops and sales without warning; and issued an opinion in the case of Missouri v. financial, and staff levels has been critical to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.132 S10PT1 S7618 CONGRESSIONAL RECORD — SENATE June 10, 2003 Michigan’s efforts to eradicate bovine tuber- Committee on Health, Education, Labor, and skills, implementing industry certification culosis; and Pensions. programs, expanding the use of technology, Whereas, With many other current and HOUSE RESOLUTION NO. 6028 providing professional development to career emerging plant and animal diseases, re- Whereas, The provisions of HIPAA are now and technical teachers, involving parents, sources are challenged at both the federal in force with the stated purpose of simpli- local businesses, and labor and industry lead- and state levels to address these diseases fying health care administrative processes, ers in the design, implementation, and eval- adequately; now, therefore, be it and in the process, protecting individual pri- uation of career and technical programs in Resolved by the House of Representatives, vacy rights. Simplification is to be accom- order to meet the needs of the local economy That we memoralize the Congress of the plished through the use of standardized, elec- and to comply with nationally adopted United States to continue providing assist- tronic transmission of administrative and fi- standards; and Whereas, career and technical education ance to Michigan to help eradicate bovine nancial data—which if successful should sim- programs benefit Virginia’s economy by pro- tuberculosis; and be it further plify health care record keeping and enhance Resolved, That copies of this resolution be viding crucial training to students of various the ability of private health insurance pro- transmitted to the President of the United ability levels and economic backgrounds, in- viders to process claims; and cluding gifted and talented students, tradi- States Senate, the Speaker of the United Whereas, While the health and insurance tional high school students, students with States House of Representatives, the mem- industries may be aware of and executing the disabilities, and students who are bound for bers of the Michigan congressional delega- requirements of HIPAA, the recipients of college and those who are bound for the tion, and the United Stated Department of health care, and individuals concerned of world of work; and Agriculture. their condition, are confused and having dif- Whereas, the Virginia Standards of Quality ficulty comprehending the restrictions of the require career and technical education pro- POM–162. A resolution adopted by the Sen- new procedures; and grams in the public schools that are ‘‘infused ate of the Legislature of the State of Iowa Whereas, While patients have a right to into the K though 12 curricula that promote relative to Best Buddies program; to the their own health information, and while in- knowledge of careers and all types of em- Committee on Health, Education, Labor, and formation regarding patients may be ob- ployment opportunities,’’ and ‘‘competency- Pensions. tained by personal representatives or estab- based career and technical education pro- SENATE RESOLUTION NO. 22 lishment of ‘‘significant other’’ relation- grams, which integrate academic outcomes, ships, it is urged information regarding Whereas, there are more than 7.5 million career guidance and job-seeking skills for all whether a person is a patient at a facility, people with intellectual disabilities in the secondary students’’; and United States and as many as 250 million without disclosure of reason or condition, Whereas, Congress will take up reauthor- worldwide; and should be available to interesed parties: now, ization of this important law in the coming Whereas, individuals with intellectual dis- therefore, year and several proposals have been put Be it resolved by the House of Representa- abilities often experience isolation and ex- forth that are troubling to local school divi- tives of the State of Kansas: That we urge clusion from community activities because sions and suggest that consideration may be the Congress of the United States and imple- of limited opportunties to associate with given to diverting the federal dollars to menting federal agencies to consider the pro- persons other than their immediate family other priorities; now, therefore, be it and paid workers; and vision of the information which does not dis- Resolved by the House of Delegates, the Whereas, Best Buddies is a nonprofit orga- close medially sensitive information to be Senate concurring, That the Congress of the nization dedicated to enhancing the lives of available to inquiring persons; and United States be urged to continue the fund- people with intellectual disabilities by pro- Be it further resolved: That the Chief Clerk ing for career and technical education in viding opportunities for one-to-one friend- of the House of Representatives be directed public secondary and postsecondary schools ships and integrated employment; and to send an enrolled copy of this resolution to when reauthorizing the Carl D. Perkins Vo- Whereas, Best Buddies has grown from one the President of the United States Senate, cational and Applied Technology Act of 2003. chapter on one college campus to a vibrant, the Speaker of the United States House of The Congress also shall be urged, in order to international organization involving partici- Representative and to each member of the maintain the vitality and success of Vir- pants annually on more than 750 middle Kansas legislative delegation. ginia’s career and technical education pro- school, high school, and college campuses in grams in the Commonwealth’s public sec- POM–164. A joint resolution adopted by the the United States, Canada, Cuba, Egypt, ondary and postsecondary schools, to con- House of the Legislature of the Common- Greece, Ireland, and Sweden; and tinue the funding of public career and tech- wealth of Virginia relative to the Carl D. Whereas, Best Buddies has touched the nical education in an amount that will con- Perkins Vocational and Applied Technology lives of over 175,000 individuals in its 13-year tinue Virginia’s $27 million in funding or will Act of 2003; to the Committee on Health, existence; and increase this amount; and, be it Whereas, Best Buddies Iowa currently Education, Labor, and Pensions. Resolved further, That the Clerk of the serves nine college chapters and nine high HOUSE JOINT RESOLUTION NO. 752 House of Delegates transmit copies of this school chapters within our state and has a Whereas, funding for career and technical resolution to the Speaker of the United long-term goal of involving all schools with- education, which was formerly known as vo- States House of Representatives, the Presi- in Iowa in its mission to bring friendship to cational/technical education, was initiated dent of the United States Senate, and the individuals with intellectual disabilities; in 1917 by Congress with the passage of the members of the Virginia Congressional Dele- now therefore, Smith-Hughes Vocational Education Act and gation so that they may be apprised of the Be it resolved by the Senate, That the an appropriation of $1.7 million in support of sense of the General Assembly of Virginia in Iowa Senate appreciates the work that Best state programs across the country; and this matter. Buddies Iowa performs and urges the federal Whereas, Congressional funding for career f government to continue to fund this pro- and technical education has been continuous gram; and since 1917 and was extended by the Carl D. INTRODUCTION OF BILLS AND Be it further resolved, That the Iowa Sen- Perkins Vocational and Applied Technology JOINT RESOLUTIONS ate encourages state agencies, county cen- Act of 1984; and The following bills and joint resolu- tral points of coordination, education pro- Whereas, total federal funding for career viders, and area education agencies to work and technical education in the 2003 fiscal tions were introduced, read the first with Best Buddies Iowa to find additional year was $1.3 billion, of which Virginia is re- and second times by unanimous con- funding for a middle school program and to ceiving nearly $25 million in basic grant sent, and referred as indicated: further expand its current programs into funds and another $2.5 million in tech prep By Mr. HOLLINGS (for himself and Mr. additionmal communities; and grant funds; and STEVENS): Be it futher resolved, That copies of this Whereas, 85 percent of Virginia’s state S. 1218. A bill to provide for Presidential Resolution be sent by the Secretary of the grant or nearly $18 million is being distrib- support and coordination of interagency Senate to the President of the United States, uted to local school divisions, while more ocean science programs and development and the President of the Senate of the United than $3.1 million is being distributed to the coordination of a comprehensive and inte- States, the Speaker of the United States Virginia Community College System and the grated United States research and moni- House of Representatives; the majority and remaining $3.7 million is allocated to the De- toring program; to the Committee on Com- minority leaders of the United States Sen- partment of Education for state administra- merce, Science, and Transportation. ate, the majority and minority leaders of the tion of career and technical education pro- By Mr. EDWARDS (for himself, Mr. United States House of Representatives, and grams, including assessment, training, pro- SMITH, and Mrs. CLINTON): each member of Iowa’s congressional delega- fessional development, and improvement of S. 1219. A bill to amend the national and tion. academic skills; and Community Service Act of 1990 to establish a Whereas, local school divisions depend on Community Corps, and for other purposes; to POM–163. A resolution adopted by the the federal funding of career and technical the Committee on Health, Education, Labor, House of the Legislature of the State of Kan- education to accomplish many goals, includ- and Pensions. sas relative to the Health Insurance Port- ing, but not limited to, strengthening stu- By Mr. ALLARD (for himself, Mr. ability Accountability Act (HIPAA); to the dents’ academic, vocational, and technical WYDEN, Mr. SMITH, Mr. INOUYE, Mr.

VerDate Jan 31 2003 05:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.136 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7619 AKAKA, Mr. COLEMAN, Mrs. SUBMISSION OF CONCURRENT AND ALLEN) was added as a cosponsor of S. HUTCHISON, and Mr. CAMPBELL): SENATE RESOLUTIONS 300, a bill to award a congressional gold S. 1220. A bill to amend title XVIII of the The following concurrent resolutions medal to Jackie Robinson (post- Social Security Act to extend reasonable and Senate resolutions were read, and humously), in recognition of his many cost contracts under the medicare program, contributions to the Nation, and to ex- to expand the area in which plans offered referred (or acted upon), as indicated: under such contracts may operate, to apply By Mr. GRAHAM of South Carolina press the sense of Congress that there certain provisions of the Medicare+Choice (for himself and Mr. HOLLINGS): should be a national day in recognition program to such plans, and for other pur- S. Res. 163. A resolution commending the of Jackie Robinson. poses; to the Committee on Finance. Francis Marion University Patriots men’s S. 451 By Mr. SCHUMER: golf team for winning the 2003 National Col- At the request of Ms. SNOWE, the legiate Athletic Association Division II S. 1221. A bill to provide telephone number name of the Senator from Maryland portability for wireless telephone service; to Men’s Golf Championship; to the Committee on the Judiciary. (Mr. SARBANES) was added as a cospon- the Committee on Commerce, Science, and sor of S. 451, a bill to amend title 10, Transportation. By Mr. ENSIGN (for himself, Mr. By Mr. NELSON of Nebraska (for him- CORZINE, Mr. EDWARDS, Mr. BAYH, United States Code, to increase the Mr. SARBANES, Mr. CONRAD, Mr. self, Mr. BUNNING, and Mr. HAGEL): minimum Survivor Benefit Plan basic REED, Ms. LANDRIEU, Mr. JEFFORDS, S. 1222. A bill to amend title XVIII of the annuity for surviving spouses age 62 Mr. KOHL, Mr. LIEBERMAN, Mr. KEN- Social Security Act to require the Secretary and older, to provide for a one-year NEDY, Mr. ALLEN, Mr. BIDEN, Mr. of Health and Human Services, in deter- open season under that plan, and for SANTORUM, Mrs. DOLE, Mrs. BOXER, mining eligibility for payment under the other purposes. and Mr. DURBIN): prospective payment system for inpatient re- S. Res. 164. A resolution reaffirming sup- S. 518 habilitation facilities, to apply criteria con- port of the Convention on the Prevention At the request of Ms. COLLINS, the sistent with rehabilitation impairment cat- and Punishment of the Crime of Genocide egories established by the Secretary for pur- name of the Senator from Massachu- and anticipating the commemoration of the setts (Mr. KERRY) was added as a co- poses of such prospective payment system; 15th anniversary of the enactment of the to the Committee on Finance. Genocide Convention Implementation Act of sponsor of S. 518, a bill to increase the By Mr. BINGAMAN (for himself, Ms. 1987 (the Proxmire Act) on November 4, 2003; supply of pancreatic islet cells for re- COLLINS, Mr. JEFFORDS, and Mr. to the Committee on the Judiciary. search, to provide better coordination DODD): By Mr. FRIST: of Federal efforts and information on S. 1223. A bill to increase the number of S. Res. 165. A resolution commending Bob islet cell transplantation, and to col- well-trained mental health service profes- Hope for his dedication and commitment to lect the data necessary to move islet sionals (including those based in schools) the Nation; considered and agreed to. cell transplantation from an experi- providing clinical mental health care to chil- By Mr. HARKIN (for himself, Mr. mental procedure to a standard ther- dren and adolescents, and for other purposes; CHAFEE, and Mr. KENNEDY): to the Committee on Health, Education, S. Con. Res. 52. A concurrent resolution ex- apy. Labor, and Pensions. pressing the sense of Congress that the S. 557 By Mr. CORZINE (for himself and Mr. United States Government should support At the request of Ms. COLLINS, the LAUTENBERG): the human rights and dignity of all persons name of the Senator from New Hamp- with disabilities by pledging support for the S. 1224. A bill to expand the powers of the shire (Mr. SUNUNU) was added as a co- Attorney General to regulate the manufac- drafting and working toward the adoption of a thematic convention on the human rights sponsor of S. 557, a bill to amend the ture, distribution, and sale of firearms and Internal Revenue Code of 1986 to ex- ammunition, and to expand the jurisdiction and dignity of persons with disabilities by the United Nations General Assembly to of the Attorney General to include firearm clude from gross income amounts re- augment the existing United Nations human products and nonpowder firearms; to the ceived on account of claims based on rights system, and for other purposes; to the Committee on the Judiciary. certain unlawful discrimination and to Committee on Foreign Relations. By Mr. GREGG (for himself, Mr. SCHU- allow income averaging for backpay MER, Mr. MCCAIN, and Mr. KENNEDY): f and frontpay awards received on ac- S. 1225. A bill entitled the ‘‘Greater Access ADDITIONAL COSPONSORS count of such claims, and for other pur- to Affordable Pharmaceuticals Act’’; to the poses. S. 221 Committee on Health, Education, Labor, and S. 569 Pensions. At the request of Mr. FEINGOLD, the At the request of Mr. ENSIGN, the By Mrs. CLINTON (for herself, Ms. COL- name of the Senator from Illinois (Mr. LINS, Mrs. MURRAY, and Mr. BINGA- DURBIN) was added as a cosponsor of S. name of the Senator from Massachu- MAN): 221, a bill to amend the Communica- setts (Mr. KERRY) was added as a co- S. 1226. A bill to coordinate efforts in col- tions Act of 1934 to facilitate an in- sponsor of S. 569, a bill to amend title lecting and analyzing data on the incidence crease in programming and content on XVIII of the Social Security Act to re- and prevalence of developmental disabilities, radio that is locally and independently peal the medicare outpatient rehabili- and for other purposes; to the Committee on produced, to facilitate competition in tation therapy caps. Health, Education, Labor, and Pensions. S. 595 By Mr. SANTORUM (for himself and radio programming, radio advertising, At the request of Mr. HATCH, the Mrs. LINCOLN): and concerts, and for other purposes. names of the Senator from Minnesota S. 1227. A bill to amend title XVIII of the S. 271 Social Security Act to provide for coverage At the request of Mr. SMITH, the (Mr. COLEMAN), the Senator from Cali- of substitute adult day services under the name of the Senator from Mississippi fornia (Mrs. BOXER) and the Senator medicare program; to the Committee on Fi- (Mr. LOTT) was added as a cosponsor of from New York (Mrs. CLINTON) were nance. S. 271, a bill to amend the Internal added as cosponsors of S. 595, a bill to By Mrs. CLINTON (for herself and Mr. Revenue Code of 1986 to allow an addi- amend the Internal Revenue Code of DEWINE): tional advance refunding of bonds 1986 to repeal the required use of cer- S. 1228. A bill to amend the Internal Rev- originally issued to finance govern- tain principal repayments on mortgage enue Code of 1986 to provide a tax credit for mental facilities used for essential gov- subsidy bond financings to redeem property owners who remove lead-based bonds, to modify the purchase price paint hazards; to the Committee on Finance. ernmental functions. By Mr. AKAKA (for himself, Mr. LEVIN, S. 274 limitation under mortgage subsidy Mr. LEAHY, Mr. DURBIN, and Mr. DAY- At the request of Mr. GRASSLEY, the bond rules based on median family in- TON): name of the Senator from Alaska (Mr. come, and for other purposes. S. 1229. A bill to amend chapter 23 of title STEVENS) was added as a cosponsor of S. 610 5, United States Code, to clarify the disclo- S. 274, a bill to amend the procedures At the request of Mr. VOINOVICH, the sures of information protected form prohib- that apply to consideration of inter- name of the Senator from Mississippi ited personnel practices, require a statement state class actions to assure fairer out- (Mr. COCHRAN) was added as a cospon- in nondisclosure policies, forms, and agree- comes for class members and defend- sor of S. 610, a bill to amend the provi- ments that such policies, forms, and agreements conform with certain disclosure pro- ants, and for other purposes. sions of title 5, United States Code, to tections, provide certain authority for the S. 300 provide for workforce flexibilities and Special Counsel, and for other purposes; to At the request of Mr. KERRY, the certain Federal personnel provisions the Committee on Governmental Affairs. name of the Senator from Virginia (Mr. relating to the National Aeronautics

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.053 S10PT1 S7620 CONGRESSIONAL RECORD — SENATE June 10, 2003 and Space Administration, and for the colorectal cancer screening benefit lina (Mr. GRAHAM), the Senator from other purposes. under the medicare program. New York (Mrs. CLINTON) and the Sen- S. 623 S. 756 ator from Illinois (Mr. DURBIN) were At the request of Mr. WARNER, the At the request of Mr. THOMAS, the added as cosponsors of S. 894, a bill to name of the Senator from California name of the Senator from Minnesota require the Secretary of the Treasury (Mrs. BOXER) was added as a cosponsor (Mr. COLEMAN) was added as a cospon- to mint coins in commemoration of the of S. 623, a bill to amend the Internal sor of S. 756, a bill to amend the Inter- 230th Anniversary of the United States Revenue Code of 1986 to allow Federal nal Revenue Code of 1986 to modify the Marine Corps, and to support construc- civilian and military retirees to pay qualified small issue bond provisions. tion of the Marine Corps Heritage Cen- ter. health insurance premiums on a pretax S. 763 S. 973 basis and to allow a deduction for At the request of Mr. ENSIGN, the TRICARE supplemental premiums. name of the Senator from Maine (Ms. At the request of Mr. NICKLES, the name of the Senator from Pennsyl- S. 640 COLLINS) was added as a cosponsor of S. vania (Mr. SANTORUM) was added as a 763, a bill to designate the Federal At the request of Mr. LEAHY, the cosponsor of S. 973, a bill to amend the building and United States courthouse name of the Senator from Oregon (Mr. Internal Revenue Code of 1986 to pro- located at 46 Ohio Street in Indianap- WYDEN) was added as a cosponsor of S. vide a shorter recovery period for the olis, Indiana, as the ‘‘Birch Bayh Fed- 640, a bill to amend subchapter III of depreciation of certain restaurant eral Building and United States Court- chapter 83 and chapter 84 of title 5, buildings. United States Code, to include Federal house’’. S. 982 prosecutors within the definition of a S. 780 At the request of Mrs. BOXER, the law enforcement officer, and for other At the request of Mr. LOTT, the name name of the Senator from South Da- purposes. of the Senator from Oklahoma (Mr. kota (Mr. DASCHLE) was added as a co- S. 664 INHOFE) was added as a cosponsor of S. sponsor of S. 982, a bill to halt Syrian At the request of Mr. HATCH, the 780, a bill to award a congressional gold support for terrorism, end its occupa- name of the Senator from Massachu- medal to Chief Phillip Martin of the tion of Lebanon, stop its development setts (Mr. KENNEDY) was added as a co- Mississippi Band of Choctaw Indians. of weapons of mass destruction, cease sponsor of S. 664, a bill to amend the S. 786 its illegal importation of Iraqi oil, and Internal Revenue Code of 1986 to per- At the request of Mr. BINGAMAN, the hold Syria accountable for its role in manently extend the research credit, name of the Senator from Arkansas the Middle East, and for other pur- to increase the rates of the alternative (Mrs. LINCOLN) was added as a cospon- poses. incremental credit, and to provide an sor of S. 786, a bill to amend the tem- S. 1010 alternative simplified credit for quali- porary assistance to needy families At the request of Mr. HARKIN, the fied research expenses. program under part A of title IV of the names of the Senator from South Caro- S. 665 Social Security Act to provide grants lina (Mr. GRAHAM) and the Senator At the request of Mr. GRASSLEY, the for transitional jobs programs, and for from Connecticut (Mr. DODD) were names of the Senator from Nebraska other purposes. added as cosponsors of S. 1010, a bill to (Mr. NELSON) and the Senator from S. 805 enhance and further research into pa- Pennsylvania (Mr. SANTORUM) were At the request of Mr. LEAHY, the ralysis and to improve rehabilitation added as cosponsors of S. 665, a bill to name of the Senator from Illinois (Mr. and the quality of life for persons liv- amend the Internal Revenue Code of DURBIN) was added as a cosponsor of S. ing with paralysis and other physical 1986 to provide tax relief for farmers 805, a bill to enhance the rights of disabilities. and fishermen, and for other purposes. crime victims, to establish grants for S. 1046 S. 678 local governments to assist crime vic- At the request of Mr. HOLLINGS, the name of the Senator from Montana At the request of Mr. AKAKA, the tims, and for other purposes. name of the Senator from Washington S. 818 (Mr. BAUCUS) was added as a cosponsor of S. 1046, a bill to amend the Commu- (Mrs. MURRAY) was added as a cospon- At the request of Ms. SNOWE, the sor of S. 678, a bill to amend chapter 10 name of the Senator from Montana nications Act of 1934 to preserve local- ism, to foster and promote the diver- of title 39, United States Code, to in- (Mr. BURNS) was added as a cosponsor sity of television programming, to fos- clude postmasters and postmasters or- of S. 818, a bill to ensure the independ- ter and promote competition, and to ganizations in the process for the de- ence and nonpartisan operation of the prevent excessive concentration of velopment and planning of certain poli- Office of Advocacy of the Small Busi- ownership of the nation’s television cies, schedules, and programs, and for ness Administration. broadcast stations. other purposes. S. 874 S. 1046 S. 684 At the request of Mr. TALENT, the At the request of Mr. STEVENS, the name of the Senator from Massachu- At the request of Mr. SMITH, the names of the Senator from Maine (Ms. setts (Mr. KERRY) was added as a co- name of the Senator from Oklahoma COLLINS), the Senator from Michigan sponsor of S. 874, a bill to amend title (Mr. INHOFE) was added as a cosponsor (Mr. LEVIN), the Senator from Nevada XIX of the Social Security Act to in- of S. 684, a bill to create an office with- (Mr. REID) and the Senator from Illi- clude primary and secondary preventa- in the Department of Justice to under- nois (Mr. DURBIN) were added as co- take certain specific steps to ensure tive medical strategies for children and sponsors of S. 1046, supra. adults with Sickle Cell Disease as med- that all American citizens harmed by S. 1083 ical assistance under the medicaid pro- terrorism overseas receive equal treat- At the request of Mr. LUGAR, the ment by the United States Government gram, and for other purposes. names of the Senator from Mississippi regardless of the terrorists’ country of S. 877 (Mr. COCHRAN) and the Senator from origin or residence, and to ensure that At the request of Mr. BURNS, the Massachusetts (Mr. KERRY) were added all terrorists involved in such attacks names of the Senator from Georgia as cosponsors of S. 1083, a bill to give are pursued, prosecuted, and punished (Mr. CHAMBLISS) and the Senator from States the flexibility to reduce bu- with equal vigor, regardless of the ter- Connecticut (Mr. DODD) were added as reaucracy by streamlining enrollment rorists’ country of origin or residence. cosponsors of S. 877, a bill to regulate processes for the medicaid and State S. 740 interstate commerce by imposing limi- children’s health insurance programs At the request of Mr. LIEBERMAN, the tations and penalties on the trans- through better linkages with programs name of the Senator from New Mexico mission of unsolicited commercial elec- providing nutrition and related assist- (Mr. BINGAMAN) was added as a cospon- tronic mail via the Internet. ance to low-income families. sor of S. 740, a bill to amend title XVIII S. 894 S. 1091 of the Social Security Act to improve At the request of Mr. WARNER, the At the request of Mr. DURBIN, the patient access to, and utilization of, names of the Senator from South Caro- name of the Senator from Oregon (Mr.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.050 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7621 WYDEN) was added as a cosponsor of S. ming (Mr. THOMAS) were added as co- establish a program at the National 1091, a bill to provide funding for stu- sponsors of S. 1203, a bill to amend the Oceanic and Atmospheric Administra- dent loan repayment for public attor- Higher Education Act of 1965 regarding tion to strengthen and coordinate its neys. distance education, and for other pur- work in this very important arena. S. 1116 poses. In recent years, we have gained a re- At the request of Mr. LEVIN, the S. 1215 newed appreciation for the importance name of the Senator from Massachu- At the request of Mr. MCCONNELL, of the ocean to our future and well- being. We now recognize that human setts (Mr. KERRY) was added as a co- the names of the Senator from Nevada health is one are in which the oceans sponsor of S. 1116, a bill to amend the (Mr. REID), the Senator from Ohio (Mr. exert major influences that are both Federal Water Pollution Control Act to VOINOVICH) and the Senator from North positive and negative. However, study- direct the Great Lakes National Pro- Carolina (Mr. EDWARDS) were added as gram Office of the Environmental Pro- cosponsors of S. 1215, a bill to sanction ing this relationship is challenging. To tection Agency to develop, implement, the ruling Burmese military junta, to be successful, a research program must integrate disciplines, bringing together monitor, and report on a series of indi- strengthen Burma’s democratic forces oceanographers and biomedical re- cators of water quality and related en- and support and recognize the National searchers to better understand marine vironmental factors in the Great League of Democracy as the legitimate processes, reduce public health risks Lakes. representative of the Burmese people, and enhance our biomedical capabili- and for other purposes. S. 1125 ties. Pioneering scientists are needed At the request of Mr. HATCH, the S. CON. RES. 3 to tackle marine environmental issues name of the Senator from Nebraska At the request of Mr. MILLER, the that affect human and marine life (Mr. HAGEL) was added as a cosponsor name of the Senator from Georgia (Mr. alike, such as ocean pollution, marine of S. 1125, a bill to create a fair and ef- CHAMBLISS) was added as a cosponsor of pathogens and potential drug discov- ficient system to resolve claims of vic- S. Con. Res. 3, a concurrent resolution eries. A number of Federal agencies tims for bodily injury caused by asbes- recognizing, applauding, and sup- would share responsibility and exper- tos exposure, and for other purposes. porting the efforts of the Army Avia- tise for such a program, requiring that S. 1153 tion Heritage Foundation, a nonprofit capabilities be harnessed across such At the request of Mr. SPECTER, the organization incorporated in the State diverse entities as the National Oce- name of the Senator from Georgia (Mr. of Georgia, to utilize veteran aviators anic and Atmospheric Administration, CHAMBLISS) was added as a cosponsor of of the Armed Forces and former Army the National Science Foundation and S. 1153, a bill to amend title 38, United Aviation aircraft to inspire Americans the National Institute for Environ- States Code, to permit medicare-eligi- and to ensure that our Nation’s mili- mental Health Sciences. ble veterans to receive an out-patient tary legacy and heritage of service are The rich biodiversity of marine orga- medication benefit, to provide that cer- never forgotten. nisms represent an important bio- tain veterans who receive such benefit S. RES. 140 medical resource, a promising source of are not otherwise eligible for medical At the request of Mr. CAMPBELL, the novel compounds with therapeutic po- care and services from the Department name of the Senator from Connecticut tential, and a potentially significant of Veterans Affairs, and for other pur- (Mr. LIEBERMAN) was added as a co- contribution to the national economy. poses. sponsor of S. Res. 140, a resolution des- A 1999 National Research Council re- S. 1182 ignating the week of August 10, 2003, as port, From Monsoons to Microbes, At the request of Mr. MCCONNELL, ‘‘National Health Center Week’’. noted that nature has been the tradi- the names of the Senator from Iowa AMENDMENT NO. 865 tional source of new pharmaceuticals (Mr. HARKIN), the Senator from Ohio At the request of Mr. DORGAN, the and found that over 50 percent of the (Mr. VOINOVICH), the Senator from Min- name of the Senator from California marketed drugs are extracted from nesota (Mr. DAYTON), the Senator from (Mrs. FEINSTEIN) was added as a co- natural sources or produced using nat- Oregon (Mr. SMITH), the Senator from sponsor of amendment No. 865 proposed ural products. Virtually every type of Vermont (Mr. JEFFORDS), the Senator to S. 14, a bill to enhance the energy life that exists on this planet is found from North Carolina (Mrs. DOLE), the security of the United States, and for in the sea and many types of plants Senator from Illinois (Mr. DURBIN), the other purposes. and animals are exclusively marine. While the oceans are a repository for Senator from North Carolina (Mr. ED- f WARDS) and the Senator from New Jer- much of our biodiversity, little of it sey (Mr. LAUTENBERG) were added as STATEMENTS ON INTRODUCED has been catalogued or studied. One cosponsors of S. 1182, a bill to sanction BILLS AND JOINT RESOLUTIONS important aspect that we have yet to the ruling Burmese military junta, to explore is the potential of marine life By Mr. HOLLINGS (for himself and to produce chemicals for treating dis- strengthen Burma’s democratic forces Mr. STEVENS): and support and recognize the National eases. There are only three marine League of Democracy as the legitimate S. 1218. A bill to provide for Presi- compounds now in clinical use—and representative of the Burmese people, dential support and coordination of these were developed in the 1950s. and for other purposes. interagency ocean science programs While there are some new compounds and development and coordination of a in the pipeline, we need to speed this S. 1182 comprehensive and integrated United effort up to ensure we get more ap- At the request of Mr. REID, his name States research and monitoring pro- proved sooner. was added as a cosponsor of S. 1182, gram; to the Committee on Commerce, But our relationship to the sea also supra. Science, and Transportation. has a darker side. The oceans drive cli- S. 1201 Mr. HOLLINGS. Mr. President, today mate and weather factors causing se- At the request of Mr. GRAHAM of I am introducing legislation to spur vere weather events and shifts in tem- South Carolina, the names of the Sen- the advent of an exciting new field of perature and rainfall patterns. These ator from Colorado (Mr. ALLARD) and research, one that explores the role of changes in turn affect the density and the Senator from Massachusetts (Mr. the oceans in human health. I am distribution of disease-causing orga- KERRY) were added as cosponsors of S. pleased to be joined in this effort by nisms and the ability of public health 1201, a bill to promote healthy life- the distinguished Senator from Alaska, systems to address them. In addition, styles and prevent unhealthy, risky be- TED STEVENS, who is cosponsoring this the oceans act as a route of exposure haviors among teenage youth. bill. The Oceans and Human Health Act for human disease and illnesses S. 1203 proposes to establish a national inter- through ingestion of contaminated sea- At the request of Mr. ENZI, the names agency program that will coordinate food and direct contact with seawater of the Senator from Iowa (Mr. GRASS- research efforts and ensure the avail- containing toxins and disease-causing LEY), the Senator from Mississippi (Mr. ability of an adequate Federal invest- organisms. We need to know more COCHRAN) and the Senator from Wyo- ment in this critical area. It also would about how our health is affected by the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.052 S10PT1 S7622 CONGRESSIONAL RECORD — SENATE June 10, 2003 marine environment. We must ensure in marine animals, with potential links search efforts. It would also establish that the sea maintains its capacity to to human illness and disease processes an interagency committee on oceans sustain itself without becoming a and natural product chemistry. Sci- and human health to develop a re- ‘‘Dead Zone.’’ We must find ways to entists at HML and its partner NOAA search plan and coordinate participa- monitor and reduce the occurrence of facility use unique medical tools such tion by NOAA, NSF, NIEHS and other ocean toxins that kill marine mam- as nuclear magnetic resonators to help agencies. Governing NOAA’s contribu- mals and taint seafood. As with cancer, ‘‘map’’ cellular and genetic structure tion to the interagency effort, the bill our goal must be understanding and of marine organisms and have devel- would establish a new NOAA program prevention, rather than relying exclu- oped methods for detecting pesticides on oceans and human health. At the sively on treatment. in water, sediments, fish and marine heart of this legislation and key to its Research on the health of marine or- mammals that may potentially affect success is our commitment to building ganisms, including marine mammals both the health of the marine environ- new partnerships—among Federal and other sentinel species, can assist ment and human health. They also are health, science and ocean agencies, scientists in their efforts to investigate developing exposure, toxicology and among diverse scientific disciplines, and understand human physiology and disease models to assess their effects and among academic researchers and biochemical processes, as well as pro- on a variety of marine organisms. government experts. viding a means for monitoring the Their work will better define ocean A more detailed summary of the leg- health of marine ecosystems. Unfortu- health and bridge the gap with existing islation follows: nately such research often does not fall human health models. SECTION-BY-SECTION ANALYSIS OCEANS AND clearly within a single federal agency’s A number of Federal agencies are HUMAN HEALTH ACT mission. The dolphins of Florida’s In- now recognizing the importance of un- The Oceans and Human Health Act would dian River Lagoon provide an example derstanding health-related ocean reauthorize the establishment of a coordinated of a marine population that is the vic- search and to make needed invest- federal research program to aid in under- tim of contaminated habitat and food. ments. Last year, initiatives began standing and responding to the role of oceans The result is unusually high mortality both through our ocean agency, the in human health. The bill would establish a rates and harmful health effects. Not Federal interagency Oceans and Human National Oceanic and Atmospheric Ad- Health initiative coordinated through the only is the population at risk, but it ministration, as well as two of our Fed- National Science and Technology Council, provides a clear indicator of environ- eral research institutions, the National NSTC, as well as create an Oceans and mental pollution concerns for its Institute for Environmental Health Human Health program at the Department human neighbors. We must harness the Sciences, NIEHS, and the National of Commerce’s National Oceanic and Atmos- sciences of genomics, forensics and Science Foundation, NSF. pheric Administration (NOAA). The bill also ecology and put them to work in the This past year, the National Oceanic directs the Secretary of Commerce to estab- marine world, creating an ocean Center and Atmospheric Administration, lish a coordinated public information and for Disease Control—a ‘‘CDC for the NOAA, received appropriations of $8 outreach program with the Food and Drug Administration, FDA, the Environmental Oceans’’. million to develop an oceans and Protection Agency, EPA, the Centers for An exciting example of this new human health initiative. Within NOAA, Disease Control CDC, and the States to pro- interdisciplinary and medically-ori- many programs and laboratories per- vide information on potential ocean-related ented approach to ocean research can form research and related activities human health risks. be found at NOAA’s two marine labora- that could contribute significantly to a SECTION 1. SHORT TITLE tories in Charleston, including a national research effort, but such ef- Section 1 provides the short title of the unique research partnership among forts have not realized their potential. Act is the ‘‘Oceans and Human Health Act.’’ NOAA, the National Institute for Establishment of this coordinated, SECTION 2. FINDINGS Standards and Technology (NIST), the interdisciplinary program consisting of Section 2 sets forth findings and purposes State of South Carolina, the Medical nationally-recognized research centers for the Act. University of South Carolina, and the and an external interdisciplinary re- SECTION 3. NATIONAL SCIENCE AND TECHNOLOGY College of Charleston, formerly known search grant program will enhance the COUNCIL as the Marine Environmental Health NOAA program. In addition, last No- Section 3 would amend the National Research Laboratory, and now referred vember, the National Institute for En- Science and Technology Policy, Organiza- to as the Hollings Marine Laboratory vironmental Health Sciences, NIEHS, tion, and Priorities Act of 1976, 42 U.S.C. (HML). HML works with a variety of 6616, to codify the responsibilities of the Na- National Science Foundation, NSF, in- tional Science and Technology Council Federal, State, and academic partners vited applications for research pro- NSTC, which was established by executive around the Nation and is on the front grams to explore the relationship be- Order in 1993, and whose functions have lines of discovery and prevention, par- tween marine processes and public superceded the Federal Coordinating Council ticularly in the emerging field of ma- health. The joint initiative commits $6 for Science, Engineering, and Technology, rine genomics. They are hard at work million annually to establish centers of FCCSET, the functions of which were trans- on today’s important public and ma- excellence focusing on harmful algal ferred to the President under a 1977 execu- rine environmental health issues. Their blooms, water and vector-borne dis- tive order. The Act is also amended to clar- exciting dolphin health research will ify the director of the Office of Science and eases, and marine pharmaceuticals and Technology Policy, OSTP, serves as chair of for the first time utilize a traditional probes. the NSTC. medical approach to diagnosing and Taken together, the NIEHS-NSF and Subsection b replaces existing section 401 documenting dolphin health, which NOAA research initiatives offer an ex- of the Act (42 U.S.C. 6651) with new text will help us learn more about dolphins cellent basis for building a comprehen- specifying NSTC functions, which focus on in the wild than we have ever known. sive national program. In addition, a prompting domestic and international co- In addition, HML scientists, important number of other Federal agencies are ordination among government, industry and partners in the Coral Disease and poised to make significant contribu- university scientists. Subsection b sets forth the following as NSTC functions: 1. promote Health Consortium, are already ana- tions. interagency efforts and communication with lyzing samples from the two Florida The Oceans and Human Health Act respect to the planning and administration coral reefs ‘‘quarantined’’ by NOAA provides the legislative framework for of Federal scientific, engineering, and tech- today because of a fast-spreading coral a coordinated national investment to nology program. 2. identify research needs; disease. improve understanding of marine eco- achieve more effective use of Federal facili- The HML epitomizes the variety of systems, address marine public health ties and resources; 3. further international important disciplines that must work problems and tap into the ocean’s po- cooperation in science, engineering and tech- side-by-side if we are to make progress tential contribution to new biomedical nology; and 4. develop long-range and coordi- in this area. It is home to cutting-edge treatments and advances. The legisla- nated research plans. The NSTC is directed to carry out these and other related duties research involving algal toxins, natural tion would amend the 1976 Science and with the assistance of the Federal agencies products with potential pharma- Technology Act to clarify the role of represented on the Council. This subsection ceutical applications, and viral and the National Science and Technology also authorizes the NSTC Chairman to estab- bacterial pathogens that cause disease Council in coordinating interagency re- lish standing committees and working

VerDate Jan 31 2003 05:56 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.066 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7623 groups to assist in developing interagency and implement research and activities with- authorized to establish a training program, plans, conduct studies and make reports for in NOAA related to the role of the oceans in in consultation with NIEHS and NSF, for the Chairman. human health. In establishing the program, scientists early in their careers who are in- SECTION 4. INTERAGENCY OCEANS AND HUMAN the Secretary is required to consult with terested in oceans and human health. HEALTH RESEARCH PROGRAM other Federal agencies conducting inte- SECTION 6. PUBLIC INFORMATION AND RISK Interagency Program. Section 4 provides grated ocean health research or research in ASSESSMENT related areas, including the CDC, NSF, and for the establishment of an Interagency This section directs the Secretary of Com- HIEHS. The NOAA Oceans and Human Oceans and Human Health Research Pro- merce, in consultation with the CDC, FDA, Health Program will provide support for the gram, Interagency OHH Program, to be co- EPA, and the States, to design and imple- following components: 1. a Program and Re- ordinated and supported by the NSTC. Sub- ment a national public information and out- search Coordination Office; 2. an Advisory section (a) directs the NSTC to establish a reach program on potential ocean-related Panel; 3. National Center(s) of Excellence; 4. Committee on Oceans and Human Health human health risks. The outreach program Research grants and 5. Distinguished schol- comprised of at least one representative will collect and analyze information, dis- ars and traineeships. from NOAA, the National Science Founda- Program Office. Subsection (b) directs the seminate the results, to relevant Federal, tion, NSF, the National Institutes of Health, Secretary to establish a program to coordi- State, public, industry or other interested NIH, CDC, EPA, FDA, Department of Home- nate oceans and human health-related re- parties, provide advice regarding precautions land Security, DHS, and other agencies and search and activities within NOAA and to against illness or hazards, and make rec- department deemed appropriate by the carry out the elements of the program. In co- ommendations on observing systems that NSTC. This section also provides for the bi- operation with the Oceans and Human would support the program. ennial selection of a Chairman of the Com- Health Advisory Panel established under Subsection (b) requires the Secretary, in mittee, who shall represent an agency that subsection (c), the program office will serve consultation with the same agencies, to as- contributes substantially to the Interagency as liaison with academic institutions and sess health hazards associated with the OHH Program. other agencies participating in the Inter- human consumption of seafood. Under this 10-Year Implementation Plan. Subsection b agency OHH Program established under Sec- subsection, the Secretary, in consultation directs the NSTC, through the Committee on tion 3. with CDC, FDA, EPA, and the states, would the Oceans and Human Health, to submit to Advisory Panel. Under subsection (c), the assess risks associated with domestically Congress within one year of enactment a 10- Secretary will establish an Oceans and harvested and processed seafood as compared year implementation plan for coordinated Human Health Advisory Panel to assist in with imported seafood harvested and proc- federal activities under the Interagency OHH the development and implementation of the essed outside the United States; commer- Program. In developing the plan, the Com- NOAA Oceans and Human Health Program. cially harvested seafood as compared with mittee is required to consult with the Inter- Membership of the Advisory Group will in- recreational and subsistence harvest; and Agency Task Force on Harmful Algal Blooms clude a balanced representation of individ- contamination due to handling and prepara- and Hypoxia. The implementation plan will uals with multi-disciplinary expertise in the tion of seafood. complement the ongoing activities of NOAA, marine and biomedical sciences. The sub- SECTION 7. AUTHORIZATION OF APPROPRIATIONS NSF, the NIH National Institute of Environ- section provides that Federal Advisory Com- Section 7 provides the authorization of ap- mental Health Sciences, NIEHS, and other mittee Act, 5 U.S.C. App. 1, shall not apply propriations for the NOAA Oceans and departments and agencies, and: 1. establish to the Panel. Human Health Program established under the goals and priorities for Federal research Centers of Excellence. Subsection (d) pro- Section 5, and the public information and related to oceans and human health; 2. de- vides that the Secretary shall, through a risk assessment program established under scribe specific activities required to achieve competitive process, establish and support Section 6. such goals; 3. identify relevant Federal pro- Centers of Excellence that strengthen Subsection (a) provides that there are au- grams and activities that would contribute NOAA’s capabilities to carry out programs thorized to be appropriated to the Secretary to the Interagency OHH Program; 4. consider and activities related to the ocean’s role in of Commerce to carry out the program under and use reports and studies conducted by human health. These NOAA Centers of Ex- Section 5, $8,000,000 for FY 2003, $15,000,000 for Federal agencies and departments, the Na- cellence shall complement and be in addition FY 2004, and $20,000,000 for FY2005–2007. tional Research Council, the Ocean Research to any centers of excellence for oceans and Subsection (b) provides authorizations of Advisory Panel, the U.S. Commission on human health established through NSF or appropriations of $5,000,000 for each of fiscal Ocean Policy and other entities; 5. make rec- NIEHS. Centers selected for funding and sup- years 2004 through 2007 for the public infor- ommendations for the coordination of na- port under Section 4 would focus on areas re- mation and risk assessment program estab- tional and international programs; and 6. es- lated to NOAA missions, including: 1. use of lished under Section 6. timate Federal funding for research activi- marine organisms as indicators for marine I am extremely proud to sponsor this legis- ties to be conducted under the Interagency environmental health; 2. ocean pollutants; 3. lation, and hope that this will mark the be- OHH Program. marine toxins and pathogens, harmful algal ginning of a new century of ocean research Scope of Interagency Program. Subsection blooms, seafood testing, drug discovery, biol- that will reveal how integral and important c outlines the scope of the Interagency OHH ogy and pathobiology of marine mammals; the oceans are to our daily lives and our Program, as follows: and 4. such disciplines as marine genomics, 1. Interdisciplinary and coordinated re- health, whether we live by the edge of the marine environmental microbiology, ecologi- sea or in the heartland. search and activities to improve our under- cal chemistry and conservation medicine. standing of how ocean processes and marine I ask unanimous consent that the The Secretary will consider the need for geo- text of the bill be printed in the organisms can relate to human health and graphic representation and will encourage contribute to medicine and research; proposals that have strong scientific and RECORD. 2. Coordination with the National Ocean interdisciplinary merit. There being no objection, the bill was Leadership Council (established under 10 Research Grants. Subsection (e) authorizes ordered to be printed in the RECORD, as U.S.C. 7902(a)) to ensure any ocean and the Secretary of Commerce to provide grants follows: coastal observing system provides informa- for research and projects that explore the re- S. 1218 tion necessary to monitor, predict and relationship between the oceans and human Be it enacted by the Senate and House of Rep- duce marine public health problems; health, and that complement or strengthen resentatives of the United States of America in 3. Development of new technologies and ap- NOAA-related programs and activities. In Congress assembled, proaches for detecting and reducing hazards implementing this subsection, the Secretary to human health from ocean sources and to is directed to consult with the Oceans and SECTION 1. SHORT TITLE. strengthen understanding of the value of ma- Human Health Advisory Panel and the Na- This Act may be cited as the ‘‘Oceans and rine biodiversity to biomedicine; and tional Sea Grant College Program, and may Human Health Act’’. 4. Support for scholars, trainees and edu- work cooperatively with other agencies in SEC. 2. FINDINGS AND PURPOSES. cation opportunities that encourage a multi- the Intergency OHH Program to establish (a) FINDINGS.—The Congress makes the fol- disciplinary approach to exploring the diver- joint criteria for such research projects. This lowing findings: sity of life in the oceans. subsection specifies that the grants shall be (1) The rich biodiversity of marine orga- SECTION 5. NOAA OCEANS AND HUMAN HEALTH awarded through a peer-review or other com- nisms provides society with an essential bio- PROGRAM petitive process and that such a process may medical resource, a promising source of Establishment of NOAA Program. Section be conducted jointly with other agencies par- novel compounds with therapeutic potential, 5 would establish a NOAA program on ticipating in the Interagency OHH Program and a potentially important contribution to Oceans and Human Health that would co- or under the National Oceanographic Part- the national economy. ordinate NOAA activities with the Inter- nership Program, 10 U.S.C. 7901. (2) The diversity of ocean life and research agency OHH Program. Subsection (a) directs Distinguished Scholars. Subsection (f) di- on the health of marine organisms, including the Secretary of Commerce to develop an rects the Secretary to provide financial as- marine mammals and other sentinel species, Oceans and Human Health Program, con- sistance to support distinguished scholars helps scientists in their efforts to investigate sistent with the interagency program devel- working in collaboration with NOAA sci- and understand human physiology and bio- oped under Section 4, that will coordinate entists and facilities. The Secretary is also chemical processes, as well as providing a

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.069 S10PT1 S7624 CONGRESSIONAL RECORD — SENATE June 10, 2003 means for monitoring the health of marine range and coordinated plans for scientific Science Foundation, the National Institute ecosystems. and technical research which involve the of Environmental Health Sciences, and other (3) The oceans drive climate and weather participation of more than 2 agencies. Such departments and agencies and shall— factors causing severe weather events and plans shall— (1) establish, for the 10-year period begin- shifts in temperature and rainfall patterns ‘‘(1) identify research approaches and pri- ning in the year it is submitted, the goals that affect the density and distribution of orities which most effectively advance sci- and priorities for Federal research which disease-causing organisms and the ability of entific understanding and provide a basis for most effectively advance scientific under- public health systems to address them. policy decisions; standing of the connections between the (4) The oceans act as a route of exposure ‘‘(2) provide for effective cooperation and oceans and human health, provide usable infor human disease and illnesses through in- coordination of research among Federal formation for the prediction and prevention gestion of contaminated seafood and direct agencies; and of marine public health problems and use the contact with seawater containing toxins and ‘‘(3) encourage domestic and, as appro- biological potential of the oceans for devel- disease-causing organisms. priate, international cooperation among gov- opment of new treatments of human diseases (5) During the past two decades, the inci- ernment, industry and university scientists. and a greater understanding of human biol- dence of harmful blooms of algae has in- ‘‘(c) OTHER DUTIES.—The Council shall per- ogy; creased around the world, contaminating form such other related advisory duties as (2) describe specific activities required to shellfish, causing widespread fish kills, shall be assigned by the President or by the achieve such goals and priorities, including threatening marine environmental quality Chair of the Council. establishment of national centers of excel- and resulting in substantial economic losses ‘‘(d) ASSISTANCE OF OTHER AGENCIES.—For lence, the funding of competitive research to coastal communities. the purpose of carrying out the provisions of grants, ocean and coastal observations, (6) Existing Federal programs and re- this section, each Federal agency rep- training and support for scientists, and par- sources support research in a number of resented on the Council shall furnish nec- ticipation in international research efforts; these areas, but gaps in funding, coordina- essary assistance to the Council. Such assist- (3) identify and address, as appropriate, tion, and outreach have impeded national ance may include— relevant programs and activities of the Fed- progress in addressing ocean health issues. ‘‘(1) detailing employees to the Council to eral agencies and departments that would (7) National investment in a coordinated perform such functions, consistent with the contribute to the program; program of research and monitoring would purposes of this section, as the Chairman of (4) consider and use, as appropriate, re- improve understanding of marine eco- the Council may assign to them; and ports and studies conducted by Federal agen- systems, allow prediction and prevention of ‘‘(2) undertaking upon the request of the cies and departments, the National Research marine public health problems and assist in Chair, such special studies for the Council as Council, the Ocean Research Advisory Panel, realizing the potential of the oceans to con- come within the scope of authority of the the Commission on Ocean Policy and other tribute to the development of effective new Council. entities; treatments of human diseases and a greater ‘‘(e) STANDING COMMITTEES; WORKING (5) make recommendations for the coordi- understanding of human biology. GROUPS.—For the purpose of developing nation of program activities with ocean and (b) PURPOSES.—The purposes of this Act interagency plans, conducting studies, and human health-related activities of other na- are to provide for— making reports as directed by the Chairman, tional and international organizations; and (1) Presidential support and coordination standing committees and working groups of (6) estimate Federal funding for research of interagency ocean science programs; and the Council may be established.’’. activities to be conducted under the pro- (2) development and coordination of a com- SEC. 4. INTERAGENCY OCEANS AND HUMAN gram. (c) PROGRAM SCOPE.—The program shall in- prehensive and integrated United States re- HEALTH RESEARCH PROGRAM. clude the following activities related to the search and monitoring program that will as- (a) ESTABLISHMENT OF COMMITTEE.— role of oceans in human health: sist this Nation and the world to understand, (1) The National Science and Technology (1) Interdisciplinary research among the use and respond to the role of the oceans in Council shall coordinate and support a na- ocean and medical sciences, and coordinated human health. tional research program to improve understanding of the role of the oceans in human research and activities to improve under- SEC. 3. NATIONAL SCIENCE AND TECHNOLOGY standing of processes within the ocean that COUNCIL. health. In planning the program, the Council may affect human health and to explore the (a) DIRECTOR OF OFFICE OF SCIENCE AND shall establish a Committee on Oceans and potential contribution of marine organisms TECHNOLOGY POLICY TO CHAIR COUNCIL.—Sec- Human Health that shall consist of rep- to medicine and research, including— tion 207(a) of the National Science and Tech- resentatives from those agencies with pro- (A) vector- and water-borne diseases of hu- nology Policy, Organization, and Priorities grams or missions that could contribute to Act of 1976 (42 U.S.C. 6616(a)) is amended— or benefit from the program. The Committee mans and marine organisms, including marine mammals and fish; (1) by striking ‘‘CHAIRMAN OF FEDERAL CO- shall consist of at least one representative (B) harmful algal blooms; ORDINATING COUNCIL FOR SCIENCE, ENGINEER- from— (C) marine-derived pharmaceuticals; ING, AND TECHNOLOGY’’ in the subsection (A) the National Oceanic and Atmospheric (D) marine organisms as models for bio- heading and inserting ‘‘CHAIR OF THE NA- Administration; medical research and as indicators of marine TIONAL SCIENCE AND TECHNOLOGY COUNCIL’’; (B) the National Science Foundation; and (C) the National Institute of Environ- environmental health; (2) by striking paragraph (1) and inserting mental Health Sciences and other institutes (E) marine environmental microbiology; the following: within the National Institutes of Health; (F) bioaccumulative and endocrine-dis- ‘‘(1) serve as Chair of the National Science (D) the Centers for Disease Control; rupting chemical contaminants; and and Technology Council; and’’. (E) the Environmental Protection Agency; (G) predictive models based on indicators (b) FUNCTIONS.—Section 401 of the National (F) the Food and Drug Administration; of marine environmental health. Science and Technology Policy, Organiza- (G) the Department of Homeland Security; (2) Coordination with the National Ocean tion, and Priorities Act of 1976 (42 U.S.C. and Research Leadership Council (10 U.S.C. 6651) is amended to read as follows: (H) such other agencies and departments as 7902(a)) to ensure that any integrated ocean ‘‘SEC. 401. FUNCTIONS OF COUNCIL. the Council deems appropriate. and coastal observing system provides infor- ‘‘(a) IN GENERAL.—The National Science (2) The members of the Committee bienni- mation necessary to monitor, predict and re- and Technology Council (hereinafter referred ally shall select one of its members to serve duce marine public health problems includ- to as the ‘Council’) shall consider problems as Chair. The Chair shall be knowledgeable ing— and developments in the fields of science, en- and experienced with regard to the adminis- (A) baseline observations of physical ocean gineering, and technology and related activi- tration of scientific research programs, and properties to monitor climate variation; ties affecting more than one Federal agency, shall be a representative of an agency that (B) measurement of oceanic and atmos- and shall recommend policies and other contributes substantially, in terms of sci- pheric variables to improve prediction of se- measures designed to— entific research capability and budget, to the vere weather events; ‘‘(1) provide more effective planning and interagency program. (C) compilation of global health statistics administration of Federal scientific, engi- (b) IMPLEMENTATION PLAN.—Within one for analysis of the effects of oceanic events neering, and technology programs; year after the date of enactment of this Act, on human health; ‘‘(2) identify research needs, including the Chair of the National Science and Tech- (D) documentation of harmful algal areas requiring additional emphasis; nology Council, through the Committee on blooms; and ‘‘(3) achieve more effective use of the sci- the Oceans and Human Health, shall develop (E) development and implementation of entific, engineering, and technological re- and submit to the Congress a plan for coordi- sensors to measure biological processes, ac- sources and facilities of Federal agencies, in- nated Federal activities under the program. quire health-related data on biological popu- cluding elimination of unwarranted duplica- In developing the plan, the Committee will lations and detect contaminants in marine tion; and consult with the Inter-Agency Task Force on waters and seafood. ‘‘(4) further international cooperation in Harmful Algal Blooms and Hypoxia. Such (3) Development through partnerships science, engineering and technology. plan will build on and complement the ongo- among Federal agencies, States, or academic ‘‘(b) COORDINATION.—The Council may be ing activities of the National Oceanic and institutions of new technologies and ap- assigned responsibility for developing long- Atmospheric Administration, the National proaches for detecting and reducing hazards

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to human health from ocean sources and to tional Science Foundation and the National (b) SEAFOOD SAFETY.—To address health strengthen understanding of the value of ma- Institute of Environmental Health Sciences. hazards associated with human consumption rine biodiversity to biomedicine, including— (2) The centers shall focus on areas related of seafood, the Secretary, in consultation (A) genomics and proteomics to develop ge- to agency missions, including use of marine with the Centers for Disease Control, the netic and immunological detection ap- organisms as indicators for marine environ- Food and Drug Administration, the Environ- proaches and predictive tools and to discover mental health, ocean pollutants, marine tox- mental Protection Agency and the States, new biomedical resources; ins and pathogens, harmful algal blooms, shall assess risks related to— (B) biomaterials and bioengineering; seafood testing, drug discovery, and biology (1) seafood that is domestically harvested (C) in situ and remote sensors to detect and pathobiology of marine mammals, and and processed as compared with imported and quantify contaminants in marine waters on disciplines including marine genomics, seafood that is harvested and processed out- and organisms and to identify new genetic marine environmental microbiology, ecologi- side the United States; resources; cal chemistry and conservation medicine. (2) seafood that is commercially harvested (D) techniques for supplying marine re- (3) In selecting centers for funding, the and processed as compared with that har- sources, including chemical synthesis, cul- Secretary will consider the need for geo- vested for recreational or subsistence pur- turing and aquaculturing marine organisms, graphic representation and give priority to poses and not prepared commercially; and new fermentation methods and recombinant proposals with strong interdisciplinary sci- (3) contamination originating from certain techniques; and entific merit that encourage educational op- practices that occur both prior to and after (E) adaptation of equipment and tech- portunities and provide for effective partner- sale of seafood to consumers, especially nologies from human health fields. ships among the Administration, other Fed- those connected to the manner in which con- (4) Support for scholars, trainees and edu- eral entities, State, academic, medical, and sumers handle and prepare seafood. cation opportunities that encourage an industry participants. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. interdisciplinary and international approach (e) RESEARCH GRANTS.— (a) NOAA OCEANS AND HUMAN HEALTH PRO- to exploring the diversity of life in the (1) The Secretary is authorized to provide GRAM.—There are authorized to be appro- oceans. grants of financial assistance for critical re- priated to the Secretary of Commerce to SEC. 5. NATIONAL OCEANIC AND ATMOSPHERIC search and projects that explore the rela- carry out the NOAA Oceans and Human ADMINISTRATION OCEANS AND tionship between the oceans and human Health program established under section 5, HUMAN HEALTH PROGRAM. health and that complement or strengthen $8,000,000 for fiscal year 2004, $15,000,000 for (a) ESTABLISHMENT.—As part of the inter- Administration programs and activities re- fiscal year 2005, and $20,000,000 annually for agency program planned and coordinated lated to the ocean’s role in human health. fiscal year 2006 through fiscal year 2008. under section 4, the Secretary of Commerce The Secretary shall consult with the oceans (b) PUBLIC INFORMATION.—There are au- shall establish an Oceans and Human Health and human health advisory panel established thorized to be appropriated to the Secretary Program to coordinate and implement re- under subsection (c) and the National Sea to carry out the public information and out- search and activities of the National Oceanic Grant College Program and may work coop- reach program established under section 6, and Atmospheric Administration related to eratively with other agencies participating $5,000,000 for each of fiscal years 2004 through the role of the oceans in human health. In in the interagency program under section 3 2007. establishing the program, the Secretary to establish joint criteria for such research shall consult with other Federal agencies and projects. By Mr. EDWARDS (for himself, conducting integrated oceans and human (2) Grants under this subsection shall be Mr. SMITH, and Mrs. CLINTON): health research and research in related awarded through a peer-review process that S. 1219: A bill to amend the national areas, including the Centers for Disease Con- may be conducted jointly with other agen- trol, the National Science Foundation, and and Community Service Act of 1990 to cies participating in the interagency pro- establish a Community Corps, and for the National Institute of Environmental gram established in section 3 or under the Health Sciences. The Oceans and Human National Oceanographic Partnership Pro- other purposes; to the Committee on Health Program shall provide support for— gram under section 7901 of title 10, United Health, Education, Labor, and Pen- (1) a program and research coordination of- States Code. sions. fice; (f) DISTINGUISHED SCHOLARS AND Mr. EDWARDS. Mr. President, today (2) an advisory panel; TRAINEESHIPS.— I rise to introduce the School Service (3) one or more National Oceanic and At- (1) The Secretary shall designate and pro- Act of 2003. mospheric Administration national centers vide financial assistance to support distin- Across our Nation, as more and more of excellence; guished scholars from academic institutions, (4) research grants; and people participate in national service industry or State governments for collabo- programs, young people, too, are mak- (5) distinguished scholars and traineeships. rative work with scientists and facilities of (b) PROGRAM OFFICE.—The Secretary shall the Administration. ing real contributions to their commu- establish a program office to identify and co- (2) In consultation with the Directors of nities. These students are learning les- ordinate oceans and human health-related the National Institutes of Health and the Na- sons that are more valuable than any research and activities within the National tional Science Foundation, the Secretary of taught in the classroom, lessons about Oceanic and Atmospheric Administration Commerce may establish a program to pro- and carry out the elements of the program. what it means to be a part of a commu- vide training and experience to scientists at The program office will provide support for nity and what it means to be an Amer- the beginning of their careers who are inter- administration of the program and, in co- ican. ested in the role of the oceans in human operation with the oceans and human health In my home State, schools and com- health. advisory panel, will serve as liaison with munities have seen the benefit of stu- academic institutions and other agencies SEC. 6. PUBLIC INFORMATION AND OUTREACH. dent service. High school kids have participating in the interagency oceans and (a) ESTABLISHMENT.—The Secretary of built community centers in run-down Commerce, in consultation with the Centers human health research program planned and neighborhoods. They’ve cleaned up pol- coordinated under section 3. for Disease Control, the Food and Drug Ad- (c) ADVISORY PANEL.—The Secretary shall ministration, the Environmental Protection luted ponds. They’ve helped small chil- establish an oceans and human health advi- Agency and the States, shall design and im- dren learn to read, and offered comfort sory panel to assist in the development and plement a national public information and to the elderly and sick. implementation of the Oceans and Human outreach program on potential ocean-related And the students have learned that Health Program. Membership of the advisory human health risks, including health haz- their efforts matter, a lesson that group shall provide for balanced representa- ards associated with the human consumption they’ll carry with then their whole tion of individuals with multi-disciplinary of seafood. Under such program, the Sec- lives. The research shows this. In one retary shall— expertise in the marine and biomedical study, adults who had completed serv- sciences. The Federal Advisory Committee (1) collect and analyze information on Act (5 U.S.C. App.) shall not apply to the ocean-related health hazards and illnesses, ice projects more than 15 years earlier oceans and human health advisory panel. including information on the number of indi- were still more likely to be volunteers (d) NATIONAL CENTERS.— viduals affected, causes and geographic loca- and voters than adults who hadn’t. In (1) The Secretary shall identify and pro- tion of the hazard or illness; another program, kids who served had vide financial support through a competitive (2) disseminate the results of the analysis a 60 percent lower drop-out rate and 18 process to develop, within the National Oce- to any appropriate Federal or State agency, percent lower rate of school suspension anic and Atmospheric Administration, for the public, involved industries, and other in- than kids who didn’t. one or more centers of excellence that terested persons; I applaud these students’ dedication, strengthen the capabilities of the Adminis- (3) provide advice regarding precautions tration to carry out programs and activities that may be taken to safeguard against the as well as the dedication of the teach- related to the oceans’ role in human health. hazard or illness; and ers, parents and administrators who Such centers shall complement and be in ad- (4) assess and make recommendations for support them. But we should do more dition to the centers established by the Na- observing systems to support the program. than simply applaud these efforts—we

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.057 S10PT1 S7626 CONGRESSIONAL RECORD — SENATE June 10, 2003 should provide the resources to support service copayment, seniors with cost and strengthen the Medicare cost con- and expand them. contracts can use any Medicare pro- tract program, and they help stream- That is why I am introducing, to- vider whether they participate in the line the dual administration of gether with Senator GORDON SMITH and health plan’s network. Medicare+Choice and cost contracts. Senator CLINTON, the School Service Cost contracts are especially impor- Last, the Medicare Cost Contract Ex- Act of 2003. The proposal is very sim- tant in rural Colorado. Of the 19,500 tension and Refinement Act would ple: We say to a limited number of Coloradans with cost contract plans, allow certain health plans, called group States and cities, if you have schools about 90 percent live in rural Colorado, model health plans, to offer Medicare that will make sure students engage in where few basic Medicare and patients a cost contract plan. These high-quality service before graduation, Medicare+Choice providers operate. If group model health plans have tradi- we will support those schools’ efforts. Medicare cost contracts are elimi- tionally been shown to provide care ef- All that we ask is that you ensure that nated, then thousands of seniors will be ficiently and at a cost lower than the students are engaging in meaningful forced into these other Medicare pro- costs that would be incurred if the service with real benefits to commu- grams. services are furnished under the Medi- nities. We want kids seeing these expe- Seniors with cost contracts value care fee-for-service program. Group riences not as another chore, but as an them. According to the 1999 Medicare health plans are health insurers that exciting initiation into long lives of ac- Managed Care Consumer Assessment of offer health care through providers tive citizenship. Health Plans Study, conducted by the that are employed by the insurer, such Here in Congress, it is our responsi- U.S. Department of Health and Human as the Kaiser Foundation Health Plan. bility to give opportunities for service Services, Medicare beneficiaries gave If, for example, Kaiser provides Medi- to our young people. We do not want to Medicare cost contract health insurers care patients the cost contract option, create a new national mandate, and we higher ratings than non-cost contract then Colorado’s approximate 50,000 sen- will not require any State or city to do providers. Beneficiaries noted cost con- iors, who are now enrolled in Kaiser’s anything. But for those State and tracting HMOs solved problems, pro- Medicare+Choice plans, would be eligi- school districts with schools that are vided care, and provided customer serv- ble to obtain a cost contract plan. ready, we ought to make sure every ice better than the majority of non- Medicare beneficiaries deserve a child has the opportunity and the re- cost contracting providers. These rat- choice in how they receive their health sponsibility to engage in service. When ings demonstrate that cost contract care. Congress should allow one of we do, our country will be richly re- plans provide the quality service sen- these choices to remain Medicare cost warded in the years and decades to iors want and need. contracts. On behalf of the 19,500 Colo- come. Unfortunately, under current law rado Medicare beneficiaries who obtain cost contracts soon will terminate. In their health care from cost contract By Mr. ALLARD (for himself, , 1997, in an effort to refine plans, I am pleased to sponsor the Mr. WYDEN, Mr. SMITH, Mr. Medicare+Choice, Congress passed the Medicare Cost Contract Extension Act. INOUYE, Mr. AKAKA, Mr. COLE- Balanced Budget Act. Among other I ask unanimous consent that the MAN, Mrs. HUTCHISON, and Mr. provisions, this bill terminated the text of this legislation be printed in CAMPBELL): Medicare cost contract program effec- the RECORD S. 1220. A bill to amend title XVIII of tive December 31, 2002. To prevent the There being no objection, the bill was the Social Security Act to extend rea- termination of this valuable plan, in ordered to be printed in the RECORD, as sonable cost contracts under the medi- 1999 I introduced legislation to extend follows: care program, to expand the area in cost contracts. That year Congress S. 1220 which plans offered under such con- passed the Balanced Budget and Re- Be it enacted by the Senate and House of Rep- tracts may operate, to apply certain finement Act, which extended cost con- resentatives of the United States of America in provisions of the Medicare+Choice pro- tracts for two years through 2004. Congress assembled, gram to such plans, and for other pur- Congress should extend Medicare cost SECTION 1. SHORT TITLE. poses; to the Committee on Finance. contracts further. Legislation I am in- This Act may be cited as the ‘‘Medicare Mr. ALLARD. Mr. President, cur- troducing, the Cost Contracting Exten- Cost Contract Extension and Refinement Act rently approximately 19,500 Colorado sion and Refinement Act, would accom- of 2003’’. seniors are beneficiaries of Medicare plish this by extending by ten years SEC. 2. EXTENSION OF REASONABLE COST CON- health plans called ‘‘cost contracts.’’ the cost contract sunset date of De- TRACTS. Under current law, cost contracts will cember 31, 2004 to December 31, 2014. (a) TEN-YEAR EXTENSION.—Section 1876(h)(5)(C) of the Social Security Act (42 expire. Along with Senator WYDEN, While the goal of Congress in the Bal- U.S.C. 1395mm(h)(5)(C)) is amended by strik- Senator SMITH, Senator INOUYE, Sen- anced Budget Act of 1997 was to provide ing ‘‘2004’’ and inserting ‘‘2014’’. ator AKAKA, and Senator COLEMAN, I an alternative to basic Medicare (b) TEN-YEAR EXTENSION OF PERIOD DURING am pleased to introduce the Medicare through Medicare+Choice, WHICH COST CONTRACTS MAY EXPAND SERVICE Cost Contract Extension and Refine- Medicare+Choice has not yet met this AREAS.—Section 1876(h)(5)(B)(i) of the Social ment Act of 2003 to refine and to allow goal in rural Colorado. Until Security Act (42 U.S.C. 1395mm(h)(5)(B)(i)) is seniors to continue using these valued Medicare+Choice coverage is readily amended by striking ‘‘2003’’ and inserting health plans. available to rural cost contract recipi- ‘‘2013’’. Medicare cost contracts are managed SEC. 3. APPLICATION OF CERTAIN ents, Congress should extend the cur- MEDICARE+CHOICE REQUIREMENTS care plans that are reimbursed at the rent cost contract sunset for an addi- TO COST CONTRACTS EXTENDED OR cost of providing health benefits. Cur- tional 10 years. RENEWED AFTER 2003. rently, seniors have three Medicare This legislation would provide an- Section 1876(h) of the Social Security Act plans to choose from: basic Medicare other reform. It would apply certain (42 U.S.C. 1395mm(h)), as amended by sub- fee-for-service, Medicare+Choice, and existing requirements under the sections (a) and (b), is amended— Medicare cost contracts. Medicare+Choice program to Medicare (1) by redesignating paragraph (5) as paragraph (6); and Cost contract plans offer more bene- cost contract plans in order to allow (2) by inserting after paragraph (4) the fol- fits than basic Medicare and is avail- better administration, education, and lowing new paragraph: able in more areas than protections to patients, providers, and ‘‘(5)(A) Any reasonable cost reimbursement Medicare+Choice. Cost contracts also insurers. The legislation would allow contract with an eligible organization under offer lower out-of-pocket expenses and beneficiaries to be informed and edu- this subsection that is extended or renewed more benefits than supplemental cated about the option of cost con- on or after the date of enactment of the Medigap, such as preventive care and tracts, apply quality assurance require- Medicare Cost Contract Extension and Re- prescription drug benefits. In addition, ments, prevent plans from discrimi- finement Act of 2003 or that is entered into pursuant to paragraph (6)(C) for plan years cost contract premiums cover Medicare nating against certain patients by of- beginning on or after January 1, 2004, shall deductibles and additional benefits not fering lower premiums, and prohibit provide that the provisions of the covered by basic Medicare. Further, for States from taxing cost contract pre- Medicare+Choice program under part C de- the costs of a normal Medicare fee-for- miums. These provisions help refine scribed in subparagraph (B) shall apply to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.074 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7627 such organization and such contract in a Committee on Health, Education, health Professional Shortage Areas by substantially similar manner as such provi- Labor, and Pensions. the Federal Government. The Presi- sions apply to Medicare+Choice organiza- Mr. BINGAMAN. Mr. President, I rise dent’s New Freedom Commission has tions and Medicare+Choice plans under such today because there is a crisis in our recognized the shortage and has made a part. ‘‘(B) The provisions described in this sub- country that begs our attention. This recommendation to develop a strategic paragraph are as follows: crisis is the overwhelming lack of ade- plan to address it. The Council on ‘‘(i) Section 1851(d) (relating to the provi- quate mental health services available Graduate Medical Education and the sion of information to promote informed to the children and adolescents in our State Mental Health Commissioners choice). Nation and it is time that we address have also recognized this shortage of ‘‘(ii) Section 1851(h) (relating to the ap- it. As I speak, over 13,700,000 young mental health professionals. proval of marketing material and applica- people are suffering from diagnosable The Child Healthcare Crisis Relief tion forms). psychiatric disorders. Sadly, fewer Act will help remove one of the key ‘‘(iii) Section 1852(a)(3)(A) (regarding the than one-third of these have access to authority of organizations to include supple- barriers to treatment for children and mental health care benefits under the plan mental healthcare. Today I am intro- adolescents with mental illnesses: the subject to the approval of the Secretary). ducing the ‘‘Child Healthcare Crisis Re- lack of available specialists trained in ‘‘(iv) Paragraph (1) of section 1852(e) (relat- lief Act’’ along with Senators COLLINS, this field. This bill creates incentives ing to the requirement of having an ongoing JEFFORDS, and DODD in an effort to re- to help recruit and retain child mental quality assurance program) and paragraph duce the disparity between the need for health professionals providing direct (2)(B) of such section (relating to the re- mental health services and resources clinical care and to improve, expand, quired elements for such a program). available to meet that need. ‘‘(v) Section 1852(e)(4) (relating to treat- or help create programs to train child The landmark report ‘‘Mental mental health professionals through ment of accreditation). Health: A Report of the Surgeon Gen- ‘‘(vi) Section 1852(j)(4) (relating to limita- several mechanisms. The bill provides tions on physician incentive plans). eral’’ illuminated the crisis in 1999. loan repayment and scholarships for ‘‘(vii) Section 1854(c) (relating to the re- 13,700,000 young people have child mental health and school-based quirement of uniform premiums among indi- diagnosable mental disorders including service professionals to help pay back viduals enrolled in the plan). 6–9,000,000 children and adolescents who educational loans. It provides grants to ‘‘(viii) Section 1854(g) (relating to restric- meet the definition for having a serious graduate schools to provide for intern- tions on imposition of premium taxes with emotional disturbance and 5–9 percent respect to payments to organizations). ships and field placements in child of youth who meet the definition for mental health services. It provides ‘‘(ix) Section 1856(b)(3) (relating to relation having severe functional impairment. to State laws). grants to help with the preservice and ‘‘(x) Section 1857(i) (relating to Unfortunately, few of these young peo- inservice training of paraprofessionals Medicare+Choice program compatibility ple have access to adequate mental who work in the children’s mental with employer or union group health plans). health services. The resulting lack of health clinical settings. It also pro- ‘‘(xi) The provisions of part C relating to treatment leads to a lifetime cycle of vides grants to graduate schools to timelines for contract renewal and bene- difficulties from unresolved mental help develop and expand child and ado- ficiary notification.’’. health issues. These difficulties are lescent mental health programs. Fi- SEC. 4. PERMITTING DEDICATED GROUP PRAC- often as severe as school failure, sub- TICE HEALTH MAINTENANCE ORGA- nally, the bill allows for an increase in NIZATIONS TO PARTICIPATE IN THE stance abuse, job and relationship in- the number of child and adolescent MEDICARE COST CONTRACT PRO- stability, and even criminal behavior psychiatrists permitted under the GRAM. or suicide. In many cases, young people Medicare Graduate Medical Education Section 1876(h)(6) of the Social Security who do not receive the mental health Act (42 U.S.C. 1395mm(h)(6)), as redesignated Program, extends the Board Eligibility treatment that they need end up in fos- period for residents and fellows from 4 and amended by section 2, is amended— ter care or even in the juvenile justice (1) in subparagraph (A), by striking ‘‘After years to 6 years, and instructs the sec- the date of the enactment’’ and inserting system. In my state of New Mexico, a retary to prepare a report on the dis- ‘‘Except as provided in subparagraph (C), 2002 report concluded that 1 in 7 incar- tribution and need for child mental after the date of the enactment’’; cerated youth is currently in a deten- health and school-based professionals. (2) in subparagraph (B), by striking ‘‘sub- tion center solely because there is no I ask my colleagues in the Senate to paragraph (C)’’ and inserting ‘‘subparagraph appropriate treatment option avail- join me along with Senators COLLINS, (D)’’; able. These youth are actually cleared (3) by redesignating subparagraph (C) as JEFFORDS, and DODD in supporting this to leave as soon as they have adequate essential legislation. Over 13 million subparagraph (D); and treatment in place. In fact, from Janu- (4) by inserting after subparagraph (B), the children in our country are counting following new subparagraph: ary 2001 to December of 2001 an esti- on us. ‘‘(C) Subject to paragraph (5) and subpara- mated 718 New Mexico youth were col- As Walt Disney once said, ‘‘Our Na- graph (D), the Secretary shall approve an ap- lectively incarcerated for 31.3 years tion’s greatest national resource is the plication to enter into a reasonable cost con- waiting for a treatment opening. Most minds of our children.’’ Let us not fail tract under this section if— other States are facing similar situa- these 13 million people. ‘‘(i) the application is submitted to the tions. In fact, studies have found that I ask unanimous consent that the Secretary by a health maintenance organiza- nationally more than 1 in 3 youth in tion (as defined in section 1301(a) of the Pub- text of the bill be printed in the lic Health Service Act) that, as of January 1, detention centers have a mental health RECORD. 2004, and except as provided in section disorder. Clearly, this is an issue that There being no objection, the bill was 1301(b)(3)(B) of such Act, provides at least 85 demands our immediate attention. ordered to be printed in the RECORD, as percent of the services of a physician which One of the key barriers to treatment follows: are provided as basic health services through is the shortage of available specialists S. 1223 a medical group (or groups), as defined in trained in the identification, diagnosis, Be it enacted by the Senate and House of Rep- section 1302(4) of such Act; and and treatment of children and adoles- resentatives of the United States of America in ‘‘(ii) the Secretary determines that the or- cents with emotional and behavioral Congress assembled, ganization meets the requirements applica- disorders. The 1999 Surgeon General’s ble to such organizations and contracts SECTION 1. SHORT TITLE. under this section.’’. Report stated, ‘‘there is a dearth of This Act may be cited as the ‘‘Child Health child psychiatrists, appropriately Care Crisis Relief Act’’. By Mr. BINGAMAN (for himself, trained clinical child psychologists, SEC. 2. FINDINGS. Ms. COLLINS, Mr. JEFFORDS, and and social workers.’’ There are particu- Congress finds the following: Mr. DODD): larly acute shortages in the number of (1) The Center for Mental Health Services S. 1223. A bill to increase the number mental health service professionals estimates that 20 percent or 13,700,000 of the of well-trained mental health service serving children and adolescents with Nation’s children and adolescents have a diagnosable mental health disorder, and professionals (including those based in serious emotional disorders as well as about 2⁄3 of these children and adolescents do schools) providing clinical mental those serving rural areas. Nationwide, not receive mental health care. health care to children and adoles- 4,358 urban, suburban, and rural local- (2) According to ‘‘Mental Health: A Report cents, and for other purposes; to the ities have been designated mental of the Surgeon General’’ in 1999, there are

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approximately 6,000,000 to 9,000,000 children ‘‘(ii)(I) is a mental health service profes- ‘‘(2) ELIGIBLE STUDENT.—For purposes of and adolescents in the United States (ac- sional who completed (but not before the end this subsection, the term ‘eligible student’ counting for 9 to 13 percent of all children of the calendar year in which this section is means a United States citizen or a perma- and adolescents in the United States) who enacted) specialized training or clinical ex- nent legal United States resident who— meet the definition for having a serious emo- perience in child and adolescent mental ‘‘(A) is enrolled or accepted to be enrolled tional disturbance. health services described in subparagraph in a graduate program that includes special- (3) According to the Center for Mental (A); or ized training or clinical experience in child Health Services, approximately 5 to 9 per- ‘‘(II) is a physician who graduated from and adolescent mental health in psychology, cent of children and adolescents in the (but not before the end of the calendar year school psychology, psychiatric nursing, so- United States meet the definition for ex- in which this section is enacted) an accred- cial work, school social work, marriage and treme functional impairment. ited child and adolescent psychiatry resi- family therapy, school counseling, or profes- (4) According to the Surgeon General’s Re- dency or fellowship program in the United sional counseling; or port, there are particularly acute shortages States. ‘‘(B) is enrolled or accepted to be enrolled in the numbers of mental health service pro- ‘‘(3) ADDITIONAL ELIGIBILITY REQUIRE- in an accredited graduate training program fessionals serving children and adolescents MENTS.—The Secretary may not enter into a of allopathic or osteopathic medicine in the with serious emotional disorders. contract under this subsection with an eligi- United States and intends to complete an ac- (5) According to the National Center for ble individual unless the individual— credited residency or fellowship in child and Education Statistics in the Department of ‘‘(A) is a United States citizen or a perma- adolescent psychiatry. Education, there are approximately 513 stu- nent legal United States resident; and ‘‘(3) PRIORITY.—In awarding scholarships dents for each school counselor in United ‘‘(B) if enrolled in a graduate program (in- under this subsection, the Secretary shall States schools, which ratio is more than dou- cluding a medical residency or fellowship), give— ble the recommended ratio of 250 students has an acceptable level of academic standing ‘‘(A) highest priority to applicants who for each school counselor. as determined by the Secretary. previously received a scholarship under this (6) According to a year 2000 estimate of the ‘‘(4) PRIORITY.—In entering into contracts subsection and satisfy the criteria described Bureau of Health Professions, the demand under this subsection, the Secretary shall in subparagraph (B); and for the services of child and adolescent psy- give priority to applicants who— chiatry is projected to increase by 100 per- ‘‘(A) are or will be working with high pri- ‘‘(B) second highest priority to applicants cent by 2020. ority populations; who— (7) The development and application of ‘‘(B) have familiarity with evidence-based ‘‘(i) demonstrate a commitment to work- knowledge about the impact of disasters on methods in child and adolescent mental ing with high priority populations; children, adolescents, and their families has health services; ‘‘(ii) have familiarity with evidence-based been impeded by critical shortages of quali- ‘‘(C) demonstrate financial need; and methods in child and adolescent mental fied researchers and practitioners special- ‘‘(D) are or will be— health services; izing in this work. ‘‘(i) working in the publicly funded sector; ‘‘(iii) demonstrate financial need; and (8) According to the Bureau of the Census, ‘‘(ii) working in organizations that serve ‘‘(iv) are or will be— the population of children and adolescents in underserved populations; or ‘‘(I) working in the publicly funded sector; the United States under the age of 18 is pro- ‘‘(iii) willing to provide patient services— ‘‘(II) working in organizations that serve jected to grow by more than 40 percent, from ‘‘(I) regardless of the ability of a patient to underserved populations; or 70,000,000 to more than 100,000,000 by 2050. pay for such services; or ‘‘(III) willing to provide patient services— SEC. 3. LOAN REPAYMENTS, SCHOLARSHIPS, AND ‘‘(II) on a sliding payment scale if a patient ‘‘(aa) regardless of the ability of a patient GRANTS TO IMPROVE CHILD AND is unable to pay the total cost of such serv- to pay for such services; or ADOLESCENT MENTAL HEALTH ices. ‘‘(bb) on a sliding payment scale if a pa- CARE. ‘‘(5) MEANINGFUL LOAN REPAYMENT.—If the tient is unable to pay the total cost of such Part B of title VII of the Public Health Secretary determines that funds appro- services. Service Act (42 U.S.C. 293 et seq.) is amended priated for a fiscal year to carry out this ‘‘(4) REQUIREMENTS.—The Secretary may by adding at the end the following: subsection are not sufficient to allow a award a scholarship to an eligible student ‘‘SEC. 742. LOAN REPAYMENTS, SCHOLARSHIPS, meaningful loan repayment to all expected under this subsection only if the eligible stu- AND GRANTS TO IMPROVE CHILD applicants, the Secretary shall limit the dent agrees— AND ADOLESCENT MENTAL HEALTH ‘‘(A) to complete any graduate training CARE. number of contracts entered into under para- program, internship, residency, or fellowship ‘‘(a) LOAN REPAYMENTS FOR CHILD AND ADO- graph (1) to ensure that each such contract applicable to that eligible student under LESCENT MENTAL HEALTH SERVICE PROFES- provides for a meaningful loan repayment. paragraph (2); SIONALS.— ‘‘(6) AMOUNT.— ‘‘(B) to maintain an acceptable level of ‘‘(1) ESTABLISHMENT.—The Secretary, act- ‘‘(A) MAXIMUM.—For each year of the em- ing through the Administrator of the Health ployment period described in paragraph academic standing (as determined by the Resources and Services Administration, may (1)(A), the Secretary shall not, under a con- Secretary) during the completion of such establish a program of entering into contract described in paragraph (1), pay more graduate training program, internship, resi- tracts on a competitive basis with eligible than $35,000 on behalf of an individual. dency, or fellowship; and individuals (as defined in paragraph (2)) ‘‘(B) CONSIDERATION.—In determining the ‘‘(C) to be employed full-time after gradua- under which— amount of payments to be made on behalf of tion or completion of a residency or fellow- ‘‘(A) the eligible individual agrees to be an eligible individual under a contract de- ship, for at least the number of years for employed full-time for a specified period of scribed in paragraph (1), the Secretary shall which a scholarship is received by the eligi- at least 2 years in providing mental health consider the income and debt load of the eli- ble student under this subsection, in pro- services to children and adolescents; and gible individual. viding mental health services to children ‘‘(B) the Secretary agrees to make, during ‘‘(7) APPLICABILITY OF CERTAIN PROVI- and adolescents. the period of employment described in sub- SIONS.—The provisions of sections 338E and ‘‘(5) USE OF SCHOLARSHIP FUNDS.—A schol- paragraph (A), partial or total payments on 338F shall apply to the program established arship awarded to an eligible student for a behalf of the individual on the principal and under paragraph (1) to the same extent and school year under this subsection may be interest due on the undergraduate and grad- in the same manner as such provisions apply used to pay for only tuition expenses of the uate educational loans of the eligible indi- to the National Health Service Corps Loan school year, other reasonable educational ex- vidual. Repayment Program established in subpart penses (including fees, books, and laboratory ‘‘(2) ELIGIBLE INDIVIDUAL.—For purposes of III of part D of title III. expenses incurred by the eligible student in this section, the term ‘eligible individual’ ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— the school year), and reasonable living ex- means an individual who— There is authorized to be appropriated to penses, as such tuition expenses, reasonable ‘‘(A) is receiving specialized training or carry out this subsection $10,000,000 for each educational expenses, and reasonable living clinical experience in child and adolescent of fiscal years 2004 through 2008. expenses are determined by the Secretary. mental health in psychiatry, psychology, ‘‘(b) SCHOLARSHIPS FOR STUDENTS STUDYING ‘‘(6) AMOUNT.—The amount of a scholarship school psychology, psychiatric nursing, so- TO BECOME CHILD AND ADOLESCENT MENTAL under this subsection shall not exceed the cial work, school social work, marriage and HEALTH SERVICE PROFESSIONALS.— total amount of the tuition expenses, reason- family therapy, school counseling, or profes- ‘‘(1) ESTABLISHMENT.—The Secretary, act- able educational expenses, and reasonable sional counseling and has less than 1 year re- ing through the Administrator of the Health living expenses described in paragraph (5). maining before completion of such training Resources and Services Administration, may ‘‘(7) APPLICABILITY OF CERTAIN PROVI- or clinical experience; or establish a program to award scholarships on SIONS.—The provisions of sections 338E and ‘‘(B)(i) has a license in a State to practice a competitive basis to eligible students who 338F shall apply to the program established allopathic medicine, osteopathic medicine, agree to enter into full-time employment (as under paragraph (1) to the same extent and psychology, school psychology, psychiatric described in paragraph (4)(C)) as a child and in the same manner as such provisions apply nursing, social work, school social work, adolescent mental health service profes- to the National Health Service Corps Schol- marriage and family therapy, school coun- sional after graduation or completion of a arship Program established in subpart III of seling, or professional counseling; and residency or fellowship. part D of title III.

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‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— individual who is not a mental health service ‘‘(B) the institution will provide to the There is authorized to be appropriated to professional, but who works at the first Secretary such data, assurances, and infor- carry out this subsection $5,000,000 for each stage of contact with children and families mation as the Secretary may require; and of fiscal years 2004 through 2008. who are seeking mental health services. ‘‘(C) with respect to any violation of the ‘‘(c) CLINICAL TRAINING GRANTS FOR PRO- ‘‘(3) PRIORITY.—In awarding grants under agreement between the Secretary and the in- FESSIONALS.— this subsection, the Secretary shall give pri- stitution, the institution will pay such liq- ‘‘(1) ESTABLISHMENT.—The Secretary, act- ority to organizations that— uidated damages as prescribed by the Sec- ing through the Administrator of the Health ‘‘(A) have demonstrated the ability to col- retary by regulation. Resources and Services Administration, and lect data on the number of paraprofessional ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— in cooperation with the Administrator of the child and adolescent mental health workers There is authorized to be appropriated to Substance Abuse and Mental Health Services trained by the applicant and the populations carry out this subsection $15,000,000 for each Administration, may establish a program to served by these workers after the completion of fiscal years 2004 through 2008. award grants on a competitive basis to ac- of the training; ‘‘(f) DEFINITIONS.—In this section: credited institutions of higher education to ‘‘(B) have familiarity with evidence-based ‘‘(1) HIGH PRIORITY POPULATION.—The term establish or expand internships or other field methods in child and adolescent mental ‘high priority population’ means a popu- placement programs for students receiving health services; and lation that has a high incidence of children specialized training or clinical experience in ‘‘(C) have programs designed to increase and adolescents who have serious emotional child and adolescent mental health in the the number of paraprofessional child and ad- disturbances, are racial and ethnic minori- fields of psychiatry, psychology, school psy- olescent mental health workers serving high ties, or live in underserved urban or rural chology, psychiatric nursing, social work, priority populations. areas. school social work, marriage and family ‘‘(4) REQUIREMENTS.—The Secretary may ‘‘(2) MENTAL HEALTH SERVICE PROFES- therapy, school counseling, or professional award a grant to an organization under this SIONAL.—The term ‘mental health service counseling. subsection only if the organization agrees professional’ means an individual with a ‘‘(2) PRIORITY.—In awarding grants under that— graduate or postgraduate degree from an ac- this subsection, the Secretary shall give pri- ‘‘(A) any training program assisted under credited institution of higher education in ority to applicants that— the grant will prioritize cultural com- psychiatry, psychology, school psychology, ‘‘(A) have demonstrated the ability to col- petency; psychiatric nursing, social work, school so- lect data on the number of students trained ‘‘(B) the organization will provide to the cial work, marriage and family counseling, in child and adolescent mental health and Secretary such data, assurances, and infor- school counseling, or professional coun- the populations served by such students mation as the Secretary may require; and seling. after graduation; ‘‘(C) with respect to any violation of the ‘‘(3) SPECIALIZED TRAINING OR CLINICAL EX- ‘‘(B) have demonstrated familiarity with agreement between the Secretary and the or- PERIENCE IN CHILD AND ADOLESCENT MENTAL evidence-based methods in child and adoles- ganization, the organization will pay such HEALTH.—The term ‘specialized training or cent mental health services; and liquidated damages as prescribed by the Sec- clinical experience in child and adolescent ‘‘(C) have programs designed to increase retary by regulation. mental health’ means training and clinical the number of professionals serving high pri- ‘‘(5) APPLICATION.—Each organization de- experience that— ority populations. siring a grant under this subsection shall ‘‘(A) is part of or occurs after completion ‘‘(3) REQUIREMENTS.—The Secretary may submit to the Secretary an application at of an accredited graduate program in the award a grant to an applicant under this sub- such time, in such manner, and containing United States for training mental health section only if the applicant agrees that— such information as the Secretary may re- ‘‘(A) any internship or other field place- quire including a description of the experi- service professionals; ment program assisted under the grant will ence of the organization in working with ‘‘(B) consists of at least 500 hours of train- prioritize cultural competency; paraprofessional child and adolescent mental ing or clinical experience in treating chil- ‘‘(B) students benefiting from any assist- health workers. dren and adolescents; and ‘‘(C) is comprehensive, coordinated, devel- ance under this subsection will be United ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— States citizens or permanent legal United There is authorized to be appropriated to opmentally appropriate, and of high quality States residents; carry out this subsection $5,000,000 for each to address the unique ethnic and cultural di- ‘‘(C) the institution will provide to the of fiscal years 2004 through 2008. versity of the United States population.’’. Secretary such data, assurances, and infor- ‘‘(e) CHILD AND ADOLESCENT MENTAL SEC. 4. AMENDMENTS TO SOCIAL SECURITY ACT mation as the Secretary may require; and HEALTH PROGRAM DEVELOPMENT GRANTS.— TO IMPROVE CHILD AND ADOLES- ‘‘(D) with respect to any violation of the ‘‘(1) ESTABLISHMENT.—The Secretary, act- CENT MENTAL HEALTH CARE. agreement between the Secretary and the in- ing through the Administrator of the Health (a) INCREASING NUMBER OF CHILD AND ADO- stitution, the institution will pay such liq- Resources and Services Administration, may LESCENT PSYCHIATRY RESIDENTS PERMITTED uidated damages as prescribed by the Sec- establish a program to increase the number TO BE PAID UNDER THE MEDICARE GRADUATE retary by regulation. of well-trained child and adolescent mental MEDICAL EDUCATION PROGRAM.—Section ‘‘(4) APPLICATION.—Each institution of health service professionals in the United 1886(h)(4)(F) of the Social Security Act (42 higher education desiring a grant under this States by awarding grants on a competitive U.S.C. 1395ww(h)(4)(F)) is amended by adding section shall submit to the Secretary an ap- basis to accredited institutions of higher at the end the following: plication at such time, in such manner, and education to enable such institutions to es- ‘‘(iii) INCREASE ALLOWED FOR TRAINING IN containing such information as the Sec- tablish or expand accredited graduate child CHILD AND ADOLESCENT PSYCHIATRY.—In ap- retary may require including a description of and adolescent mental health programs. plying clause (i), there shall not be taken the experience of such institution in working ‘‘(2) PRIORITY.—In awarding grants under into account such additional number of full- with child and adolescent mental health this subsection, the Secretary shall give pri- time equivalent residents in the field of issues. ority to applicants that— allopathic or osteopathic medicine who are ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) demonstrate familiarity with the use residents or fellows in child and adolescent There is authorized to be appropriated to of evidence-based methods in child and ado- psychiatry as the Secretary determines rea- carry out this subsection $10,000,000 for each lescent mental health services; sonable to meet the need for such physicians of fiscal years 2004 through 2008. ‘‘(B) provide experience in and collabora- as demonstrated by the 1999 report of the De- ‘‘(d) PROGRESSIVE EDUCATION GRANTS FOR tion with community-based child and adoles- partment of Health and Human Services en- PARAPROFESSIONALS.— cent mental health services; titled ‘Mental Health: A Report of the Sur- ‘‘(1) ESTABLISHMENT.—The Secretary, act- ‘‘(C) have included normal child develop- geon General’.’’. ing through the Administrator of the Health ment education in their curricula; and (b) EXTENSION OF MEDICARE BOARD ELIGI- Resources and Services Administration, and ‘‘(D) demonstrate commitment to working BILITY PERIOD FOR RESIDENTS AND FELLOWS in cooperation with the Administrator of the with high priority populations. IN CHILD AND ADOLESCENT PSYCHIATRY.— Substance Abuse and Mental Health Services ‘‘(3) USE OF FUNDS.—Funds awarded under (1) IN GENERAL.—Section 1886(h)(5)(G) of Administration, may establish a program to this subsection may be used to establish or the Social Security Act (42 U.S.C. award grants on a competitive basis to expand any accredited graduate child and ad- 1395ww(h)(5)(G)) is amended— State-licensed mental health nonprofit and olescent mental health program in any man- (A) in clause (i), by striking ‘‘and (v)’’ and for-profit organizations, including accredited ner deemed appropriate by the Secretary, in- inserting ‘‘(v), and (vi)’’; and institutions of higher education, (in this sub- cluding improving the coursework, related (B) by adding at the end the following: section referred to as ‘organizations’) to en- field placements, or faculty of such program. ‘‘(vi) CHILD AND ADOLESCENT PSYCHIATRY able such organizations to pay for programs ‘‘(4) REQUIREMENTS.—The Secretary may TRAINING PROGRAMS.—In the case of an indi- for preservice or in-service training of para- award a grant to an accredited institution of vidual enrolled in a child and adolescent psy- professional child and adolescent mental higher education under this subsection only chiatry residency or fellowship program ap- health workers. if the institution agrees that— proved by the Secretary, the period of board ‘‘(2) DEFINITION.—For purposes of this sub- ‘‘(A) any child and adolescent mental eligibility and the initial residency period section, the term ‘paraprofessional child and health program assisted under the grant will shall be the period of board eligibility for the adolescent mental health worker’ means an prioritize cultural competency; specialty of general psychiatry, plus 2 years

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.048 S10PT1 S7630 CONGRESSIONAL RECORD — SENATE June 10, 2003 for the subspecialty of child and adolescent Because of a loophole in current law, the number of rounds that a gun can psychiatry.’’. firearms are virtually the only con- fire without reloading, and have in- (2) CONFORMING AMENDMENT.—Section sumer product not subject to any Fed- creased the size of their ammunition, 1886(h)(5)(F) of the Social Security Act (42 eral health and safety standards. Yet making the firearms far more lethal. U.S.C. 1395ww(h)(5)(F)) is amended by strik- Given the threat posed by unreason- ing ‘‘subparagraph (G)(v)’’ and inserting firearms are the second leading cause ‘‘clauses (v) and (vi) of subparagraph (G)’’. of product-related death in America. In ably dangerous firearms to gun owners (3) EFFECTIVE DATE.—The amendments 2000 alone, 28,663 Americans died by and the general public, there is no ex- made by paragraph (1) shall apply to resi- gunfire and nearly twice that number cuse for exempting firearms from dency training years beginning on or after were treated in emergency rooms for health and safety standards applicable July 1, 2003. non-fatal gunshot injuries. to most other consumer products. In SEC. 5. CHILD MENTAL HEALTH PROFESSIONAL Of course, all firearms are lethal. But fact, there is evidence that the public REPORT. many guns are much more dangerous would support such regulation. A 1999 (a) STUDY.—The Administrator of the National Opinion Research Center sur- Health Resources and Services Administra- than they have to be. First, many fire- tion (in this section referred to as the ‘‘Ad- arms are manufactured poorly or with vey found that two-thirds of Americans ministrator’’) shall study and make findings components of inadequate quality. want the Federal Government to regu- and recommendations on the distribution These guns can pose a severe threat to late the safety design of guns. and need for child mental health service pro- gun owners, as well as members of the The Firearms Safety and Consumer fessionals, including— public. For example, one firearm man- Protection Act would do just that. The (1) the need for specialty certifications; ufacturer settled a class action suit for bill would give the Department of Jus- (2) the breadth of practice types; tice the authority to: set minimum (3) the adequacy of locations; more than $31 million in 1995, and thereafter improved the quality of safety standards for the manufacture, (4) the adequacy of education and training; design and distribution of firearms; and their guns, after gun owners alleged (5) an evaluation of best practice charac- that their firearms were produced from issue recalls and warnings; collect data teristics. steel that was too weak, and thus on gun-related death and injury; and (b) DISAGGREGATION.—The results of the prone to explode. limit the sale of products when no study required by subsection (a) shall be Unfortunately, the lack of safety other remedy is sufficient. It is impor- disaggregated by State. standards in current law means that tant to emphasize that the bill would (c) REPORT.—Not later than 1 year after many defective firearms remain in cir- not limit the public’s access to guns for the date of enactment of this Act, the Ad- hunting and other legitimate sporting ministrator shall submit to the appropriate culation, with the government largely committees of Congress and make publicly unable to do anything about it. We purposes. available a report on the study, findings, and cannot recall such firearms. We cannot More than 120 national, state and recommendations required by subsection (a). require that warning labels be attached local organizations support this bill, (d) REVISION.—Each year the Adminis- to them. We can do very little to pro- including: the American Academy of trator shall revise the report required under tect gun owners and the public from Pediatrics, American Bar Association, subsection (c). the threat they pose. American Jewish Congress, American (e) AUTHORIZATION OF APPROPRIATIONS.— Public Health Association, Brady Cam- There are authorized to be appropriated to Beyond the need to better regulate carry out this section such sums as may be firearms that are manufactured defec- paign to Prevent Gun Violence, Coali- necessary for each of fiscal years 2004 tively, we also need to do more to en- tion to Stop Gun Violence, Consumer through 2008. sure that firearms are designed prop- Federation of America, the NAACP, SEC. 6. REPORTS. erly, with features that reduce unrea- National Coalition Against Domestic (a) TRANSMISSION.—The Secretary of sonable risks. Unfortunately, too many Violence, United Church of Christ Jus- Health and Human Services shall transmit a firearms lack readily available features tice and Witness Ministries, and the report described in subsection (b) to Con- Violence Policy Center. gress— that could make them much less likely to be involved in an accident. For ex- There simply is no reason to main- (1) not later than 3 years after the date of tain the existing loophole that exempts the enactment of this Act; and ample, many guns lack so-called maga- (2) not later than 5 years after the date of zine disconnects, which disable a fire- firearms from basic health and safety the enactment of this Act. arm when its magazine is removed. protections. This loophole is creating a (b) CONTENTS.—The reports transmitted to This feature could prevent many acci- serious public safety problem, espe- Congress under subsection (a) shall address dental deaths caused when a firearm cially for gun owners themselves. each of the following: In conclusion, I hope my colleagues user, seeing that the magazine has (1) The effectiveness of the amendments will consider this: under current law, been removed, wrongly concludes that made by, and the programs carried out the safety of toy guns is regulated. The a gun is not loaded. Along the same under, this Act in increasing the number of safety of real guns is not. Even if my child and adolescent mental health service lines, too few firearms include a load colleagues in the Senate cannot agree professionals and paraprofessional child and indicator, which allows an individual on much else when it comes to guns, adolescent mental health workers. to readily see whether the gun is load- surely we should all agree that this (2) The demographics of the individuals ed. Both of these features would ad- makes no sense. served by such increased number of child and dress the most common scenario for adolescent mental health service profes- I ask unanimous consent that the unintentional shootings, which in- sionals and paraprofessional child and ado- text of the bill be printed in the volves a person who does not realize lescent mental health workers. RECORD. that there is still a round in a gun’s There being no objection, the bill was By Mr. CORZINE (for himself and chamber. ordered to be printed in the RECORD, as Mr. LAUTENBERG): By regulating the manufacture and follows: S. 1224. A bill to expand the powers of design of firearms, we can significantly S. 1224 the Attorney General to regulate the reduce the number of accidental shoot- Be it enacted by the Senate and House of Rep- manufacture, distribution, and sale of ings, and the serious injuries and resentatives of the United States of America in firearms and ammunition, and to ex- deaths they cause. However, better Congress assembled, pand the jurisdiction of the Attorney safety regulation also holds the prom- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. General to include firearm products ise of reducing the number of deaths (a) SHORT TITLE.—This Act may be cited as and nonpowder firearms; to the Com- from homicides and suicides. the ‘‘Firearms Safety and Consumer Protec- mittee on the Judiciary. In recent years, firearm manufactur- tion Act of 2003’’. Mr. CORZINE. Mr. President, I rise ers have taken a number of steps to (b) TABLE OF CONTENTS.—The table of con- today to introduce the Firearms Safety make firearms more likely to be used tents for this Act is as follows: and Consumer Protection Act of 2003, in crimes, and more deadly if they are. Sec. 1. Short title; table of contents. Sec. 2. Purposes. legislation to protect gun owners and For example, many guns are being pro- Sec. 3. Definitions. the public by establishing safety stand- duced in a manner that makes them TITLE I—REGULATION OF FIREARM ards for firearms such as those cur- readily concealable, and thus more at- PRODUCTS rently in place for other consumer tractive to criminals. In addition, Sec. 101. Regulatory authority. products. many manufacturers have increased Sec. 102. Orders; inspections.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0655 E:\CR\FM\A10JN6.048 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7631 TITLE II—PROHIBITIONS designed to discharge BBs, pellets, darts, or (C) in the case of a dealer in the product, Sec. 201. Prohibitions. similar projectiles by the release of stored the manufacturer of the product and the Sec. 202. Inapplicability to governmental au- energy. other persons known to the dealer as dealers thorities. (8) QUALIFIED FIREARM PRODUCT DEFINED.— in the product; TITLE III—ENFORCEMENT The term ‘‘qualified firearm product’’ means (2) bring the product into conformity with a firearm product— the regulations prescribed under this Act; SUBTITLE A—CIVIL ENFORCEMENT (A) that— (3) repair the product; Sec. 301. Civil penalties. (i) is being transported; (4) replace the product with a like or equiv- Sec. 302. Injunctive enforcement and seizure. Sec. 303. Imminently hazardous firearms. (ii) having been transported, remains alent product which is in compliance with Sec. 304. Private cause of action. unsold; those regulations; Sec. 305. Private enforcement of this Act. (iii) is sold or offered for sale; or (5) refund the purchase price of the prod- Sec. 306. Effect on private remedies. (iv) is imported or is to be exported; and uct, or, if the product is more than 1 year SUBTITLE B—CRIMINAL ENFORCEMENT (B) that— old, a lesser amount based on the value of (i) is not in compliance with a regulation the product after reasonable use; Sec. 351. Criminal penalties. prescribed or an order issued under this Act; (6) recall the product from the stream of TITLE IV—ADMINISTRATIVE or commerce; or PROVISIONS (ii) with respect to which relief has been (7) submit to the Attorney General a satis- Sec. 401. Firearm injury information and re- granted under section 303. factory plan for implementation of any ac- search. (b) OTHER TERMS.—Each term used in this tion required under this subsection. Sec. 402. Annual report to Congress. Act that is not defined in subsection (a) shall (c) AUTHORITY TO PROHIBIT MANUFACTURE, TITLE V—RELATIONSHIP TO OTHER LAW have the meaning (if any) given that term in IMPORTATION, TRANSFER, DISTRIBUTION, OR Sec. 501. Subordination to the Arms Export section 921(a) of title 18, United States Code. EXPORT OF UNREASONABLY RISKY FIREARM Control Act. TITLE I—REGULATION OF FIREARM PRODUCTS.—The Attorney General may issue Sec. 502. Effect on State law. PRODUCTS an order prohibiting the manufacture, im- SEC. 2. PURPOSES. SEC. 101. REGULATORY AUTHORITY. portation, transfer, distribution, or export of a firearm product if the Attorney General The purposes of this Act are to— (a) IN GENERAL.—The Attorney General (1) protect the public against unreasonable shall prescribe such regulations governing determines that the exercise of other author- risk of injury and death associated with fire- the design, manufacture, and performance of, ity under this Act would not be sufficient to arms and related products; and commerce in, firearm products, con- prevent the product from posing an unrea- (2) develop safety standards for firearms sistent with this Act, as are reasonably nec- sonable risk of injury to the public. (d) INSPECTIONS.—When the Attorney Gen- and related products; essary to reduce or prevent unreasonable eral has reason to believe that a violation of (3) assist consumers in evaluating the com- risk of injury resulting from the use of those this Act, or of a regulation or order issued parative safety of firearms and related prod- products. under this Act, is being, or has been, com- ucts; (b) MAXIMUM INTERVAL BETWEEN ISSUANCE mitted, the Attorney General may, at rea- (4) promote research and investigation into OF PROPOSED AND FINAL REGULATION.—Not the causes and prevention of firearm-related later than 120 days after the date on which sonable times— deaths and injuries; and the Attorney General issues a proposed regu- (1) enter any place in which firearm prod- (5) restrict the availability of weapons that lation under subsection (a) with respect to a ucts are manufactured, stored, or held, for pose an unreasonable risk of death or injury. matter, the Attorney General shall issue a distribution in commerce, and inspect those SEC. 3. DEFINITIONS. regulation in final form with respect to the areas where the products are manufactured, stored, or held; and (a) SPECIFIC TERMS.—In this Act: matter. (2) enter and inspect any conveyance being (1) FIREARMS DEALER.—The term ‘‘firearms (c) PETITIONS.— dealer’’ means— (1) IN GENERAL.—Any person may petition used to transport a firearm product. (A) any person engaged in the business (as the Attorney General to— TITLE II—PROHIBITIONS defined in section 921(a)(21)(C) of title 18, (A) issue, amend, or repeal a regulation SEC. 201. PROHIBITIONS. United States Code) of dealing in firearms at prescribed under subsection (a) of this sec- (a) FAILURE OF MANUFACTURER TO TEST AND wholesale or retail; tion; or CERTIFY FIREARM PRODUCTS.—It shall be un- (B) any person engaged in the business (as (B) require the recall, repair, or replace- lawful for the manufacturer of a firearm defined in section 921(a)(21)(D) of title 18, ment of a firearm product, or the issuance of product to transfer, distribute, or export a United States Code) of repairing firearms or refunds with respect to a firearm product. firearm product unless— of making or fitting special barrels, stocks, (2) DEADLINE FOR ACTION ON PETITION.—Not (1) the manufacturer has tested the prod- or trigger mechanisms to firearms; and later than 120 days after the date on which uct in order to ascertain whether the prod- (C) any person who is a pawnbroker. the Attorney General receives a petition re- uct is in conformity with the regulations (2) FIREARM PART.—The term ‘‘firearm ferred to in paragraph (1), the Attorney Gen- prescribed under section 101; part’’ means— eral shall— (2) the product is in conformity with those (A) any part or component of a firearm as (A) grant, in whole or in part, or deny the regulations; and originally manufactured; petition; and (3) the manufacturer has included in the (B) any good manufactured or sold— (B) provide the petitioner with the reasons packaging of the product, and furnished to (i) for replacement or improvement of a for granting or denying the petition. each person to whom the product is distrib- firearm; or SEC. 102. ORDERS; INSPECTIONS. uted, a certificate stating that the product is (ii) as any accessory or addition to the fire- (a) AUTHORITY TO PROHIBIT MANUFACTURE, in conformity with those regulations. arm; and SALE, OR TRANSFER OF FIREARM PRODUCTS (b) FAILURE OF MANUFACTURER TO PROVIDE (C) any good that is not a part or compo- MADE, IMPORTED, TRANSFERRED, OR DISTRIB- NOTICE OF NEW TYPES OF FIREARM PROD- nent of a firearm and is manufactured, sold, UTED IN VIOLATION OF REGULATION.—The At- UCTS.—It shall be unlawful for the manufac- delivered, offered, or intended for use exclu- torney General may issue an order prohib- turer of a new type of firearm product to sively to safeguard individuals from injury iting the manufacture, sale, or transfer of a manufacture the product, unless the manu- by a firearm. firearm product which the Attorney General facturer has provided the Attorney General (3) FIREARM PRODUCT.—The term ‘‘firearm finds has been manufactured, or has been or with— product’’ means a firearm, firearm part, non- is intended to be imported, transferred, or (1) notice of the intent of the manufacturer powder firearm, and ammunition. distributed in violation of a regulation pre- to manufacture the product; and (4) FIREARM SAFETY REGULATION.—The scribed under this Act. (2) a description of the product. term ‘‘firearm safety regulation’’ means a (b) AUTHORITY TO REQUIRE THE RECALL, RE- (c) FAILURE OF MANUFACTURER OR DEALER regulation prescribed under this Act. PAIR, OR REPLACEMENT OF, OR THE PROVISION TO LABEL FIREARM PRODUCTS.—It shall be (5) FIREARM SAFETY STANDARD.—The term OF REFUNDS WITH RESPECT TO FIREARM PROD- unlawful for a manufacturer of or dealer in ‘‘firearm safety standard’’ means a standard UCTS.—The Attorney General may issue an firearms to transfer, distribute, or export a promulgated under this Act. order requiring the manufacturer of, and any firearm product unless the product is accom- (6) IMMINENTLY HAZARDOUS FIREARM PROD- dealer in, a firearm product which the Attor- panied by a label that is located prominently UCT.—The term ‘‘imminently hazardous fire- ney General determines poses an unreason- in conspicuous and legible type in contrast arm product’’ means any firearm product able risk of injury to the public, is not in by typography, layout, or color with other with respect to which the Attorney General compliance with a regulation prescribed printed matter on the label and that con- determines that— under this Act, or is defective, to— tains— (A) the product poses an unreasonable risk (1) provide notice of the risks associated (1) the name and address of the manufac- of injury to the public; and with the product, and of how to avoid or re- turer of the product; (B) time is of the essence in protecting the duce the risks, to— (2) the name and address of any importer of public from the risks posed by the product. (A) the public; the product; (7) NONPOWDER FIREARM.—The term ‘‘non- (B) in the case of the manufacturer of the (3) the model number of the product and powder firearm’’ means a device specifically product, each dealer in the product; and the date the product was manufactured;

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.058 S10PT1 S7632 CONGRESSIONAL RECORD — SENATE June 10, 2003 (4) a specification of the regulations pre- SEC. 303. IMMINENTLY HAZARDOUS FIREARMS. (1) collect, investigate, analyze, and share scribed under this Act that apply to the (a) IN GENERAL.—Notwithstanding the with other appropriate government agencies product; and pendency of any other proceeding in a court circumstances of death and injury associated (5) the certificate required by subsection of the United States, the Attorney General with firearms; and (a)(3) with respect to the product. may bring an action in a United States dis- (2) conduct continuing studies and inves- (d) FAILURE TO MAINTAIN OR PERMIT IN- trict court to restrain any person who is a tigations of economic costs and losses result- SPECTION OF RECORDS.—It shall be unlawful manufacturer of, or dealer in, an imminently ing from firearm-related deaths and injuries. for an importer of, manufacturer of, or deal- hazardous firearm product from manufac- (b) OTHER DATA.—The Attorney General er in a firearm product to fail to— turing, distributing, transferring, importing, shall— (1) maintain such records, and supply such or exporting the product. (1) collect and maintain current production information, as the Attorney General may (b) RELIEF.—In an action brought under and sales figures for each licensed manufac- subsection (a), the court may grant such require in order to ascertain compliance turer, broken down by the model, caliber, temporary or permanent relief as may be with this Act and the regulations and orders and type of firearms produced and sold by necessary to protect the public from the issued under this Act; and the licensee, including a list of the serial risks posed by the firearm product, includ- (2) permit the Attorney General to inspect numbers of such firearms; ing— and copy those records at reasonable times. (2) conduct research on, studies of, and in- (1) seizure of the product; and (e) IMPORTATION AND EXPORTATION OF vestigation into the safety of firearm prod- (2) an order requiring— UNCERTIFIED FIREARM PRODUCTS.—It shall be ucts and improving the safety of firearm (A) the purchasers of the product to be no- unlawful for any person to import into the products; and tified of the risks posed by the product; United States or export a firearm product (3) develop firearm safety testing methods (B) the public to be notified of the risks that is not accompanied by the certificate and testing devices. posed by the product; or required by subsection (a)(3). (c) AVAILABILITY OF INFORMATION.—On a (f) COMMERCE IN FIREARM PRODUCTS IN VIO- (C) the defendant to recall, repair, or re- regular basis, but not less frequently than LATION OF ORDER ISSUED OR REGULATION PRE- place the product, or refund the purchase annually, the Attorney General shall make SCRIBED UNDER THIS ACT.—It shall be unlaw- price of the product (or, if the product is available to the public the results of the ac- ful for any person to manufacture, offer for more than 1 year old, a lesser amount based tivities of the Attorney General under sub- sale, distribute in commerce, import into the on the value of the product after reasonable sections (a) and (b). United States, or export a firearm product— use). (1) that is not in conformity with the regu- (c) VENUE.—An action under subsection (a) SEC. 402. ANNUAL REPORT TO CONGRESS. lations prescribed under this Act; or may be brought in the United States district (a) IN GENERAL.—The Attorney General (2) in violation of an order issued under court for the District of Columbia or for any shall prepare and submit to the President this Act. district in which any defendant is found or and Congress at the beginning of each reg- (g) STOCKPILING.—It shall be unlawful for transacts business. ular session of Congress, a comprehensive re- any person to manufacture, purchase, or im- SEC. 304. PRIVATE CAUSE OF ACTION. port on the administration of this Act for port a firearm product, after the date a regu- (a) IN GENERAL.—Any person aggrieved by the most recently completed fiscal year. lation is prescribed under this Act with re- any violation of this Act or of any regulation (b) CONTENTS.—Each report submitted spect to the product and before the date the prescribed or order issued under this Act by under subsection (a) shall include— regulation takes effect, at a rate that is sig- another person may bring an action against (1) a thorough description, developed in co- nificantly greater than the rate at which the such other person in any United States dis- ordination with the Secretary of Health and person manufactured, purchased, or im- trict court for damages, including con- Human Services, of the incidence of injury ported the product during a base period (pre- sequential damages. In any action under this and death and effects on the population re- scribed by the Attorney General in regula- section, the court, in its discretion, may sulting from firearm products, including stations) ending before the date the regulation award to a prevailing plaintiff a reasonable tistical analyses and projections, and a is so prescribed. attorney’s fee as part of the costs. breakdown, as practicable, among the var- SEC. 202. INAPPLICABILITY TO GOVERNMENTAL (b) RULE OF INTERPRETATION.—The remedy ious types of such products associated with AUTHORITIES. provided for in subsection (a) shall be in ad- the injuries and deaths; Section 201 does not apply to any depart- dition to any other remedy provided by com- (2) a list of firearm safety regulations pre- ment or agency of the United States, of a mon law or under Federal or State law. scribed that year; State, or of a political subdivision of a State, SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT. (3) an evaluation of the degree of compli- or to any official conduct of any officer or (a) IN GENERAL.—Any interested person ance with firearm safety regulations, includ- employee of such a department or agency. may bring an action in any United States ing a list of enforcement actions, court deci- TITLE III—ENFORCEMENT district court to enforce this Act, or restrain sions, and settlements of alleged violations, Subtitle A—Civil Enforcement any violation of this Act or of any regulation by name and location of the violator or al- prescribed or order issued under this Act. SEC. 301. CIVIL PENALTIES. leged violator, as the case may be; (b) ATTORNEY’S FEE.—In any action under (4) a summary of the outstanding problems (a) AUTHORITY TO IMPOSE FINES.— this section, the court, in its discretion, may (1) IN GENERAL.—The Attorney General hindering enforcement of this Act, in the award to a prevailing plaintiff a reasonable order of priority; and shall impose upon any person who violates attorney’s fee as part of the costs. section 201 a civil fine in an amount that (5) a log and summary of meetings between SEC. 306. EFFECT ON PRIVATE REMEDIES. does not exceed the applicable amount de- the Attorney General or employees of the (a) IRRELEVANCY OF COMPLIANCE WITH THIS scribed in subsection (b). Attorney General and representatives of in- ACT.—Compliance with this Act or any order (2) SCOPE OF OFFENSE.—Each violation of dustry, interested groups, or other interested issued or regulation prescribed under this parties. section 201 (other than of subsection (a)(3) or Act shall not relieve any person from liabil- (d) of that section) shall constitute a sepa- ity to any person under common law or TITLE V—RELATIONSHIP TO OTHER LAW rate offense with respect to each firearm State statutory law. SEC. 501. SUBORDINATION TO ARMS EXPORT product involved. (b) IRRELEVANCY OF FAILURE TO TAKE AC- CONTROL ACT. (b) APPLICABLE AMOUNT.— TION UNDER THIS ACT.—The failure of the At- In the event of any conflict between any (1) FIRST 5-YEAR PERIOD.—The applicable torney General to take any action author- provision of this Act and any provision of amount for the 5-year period immediately ized under this Act shall not be admissible in the Arms Export Control Act, the provision following the date of enactment of this Act litigation relating to the product under com- of the Arms Export Control Act shall con- is $5,000, or $10,000 if the violation is willful. mon law or State statutory law. trol. (2) AFTER 5-YEAR PERIOD.—The applicable Subtitle B—Criminal Enforcement amount during any time after the 5-year pe- SEC. 502. EFFECT ON STATE LAW. riod described in paragraph (1) is $10,000, or SEC. 351. CRIMINAL PENALTIES. (a) IN GENERAL.—This Act shall not be con- $20,000 if the violation is willful. Any person who has received from the At- strued to preempt any provision of the law of torney General a notice that the person has SEC. 302. INJUNCTIVE ENFORCEMENT AND SEI- any State or political subdivision thereof, or ZURE. violated a provision of this Act or of a regu- prevent a State or political subdivision (a) INJUNCTIVE ENFORCEMENT.—The Attor- lation prescribed under this Act with respect thereof from enacting any provision of law ney General may bring an action to restrain to a firearm product and knowingly violates regulating or prohibiting conduct with re- any violation of section 201 in the United that provision with respect to the product spect to a firearm product, except to the ex- States district court for any district in shall be fined under title 18, United States tent that such provision of law is incon- which the violation has occurred, or in which Code, imprisoned not more than 2 years, or sistent with any provision of this Act, and the defendant is found or transacts business. both. then only to the extent of the inconsistency. (b) CONDEMNATION.—The Attorney General TITLE IV—ADMINISTRATIVE PROVISIONS (b) RULE OF CONSTRUCTION.—A provision of may bring an action in rem for condemna- SEC. 401. FIREARM INJURY INFORMATION AND State law is not inconsistent with this Act if tion of a qualified firearm product in the RESEARCH. the provision imposes a regulation or prohi- United States district court for any district (a) INJURY DATA.—The Attorney General bition of greater scope or a penalty of great- in which the Attorney General has found and shall, in coordination with the Secretary of er severity than any prohibition or penalty seized for confiscation the product. Health and Human Services— imposed by this Act.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.058 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7633 By Mrs. CLINTON (for herself, I am working to incorporate this leg- of the Public Health Service Act (42 U.S.C. Ms. COLLINS, Mrs. MURRAY, and islation into the reauthorization of the 241). Mr. BINGAMAN): Individuals with Disabilities Education (c) PRIVACY.—In pursuing activities under S. 1226. A bill to coordinate efforts in Act because I believe so strongly that this section, the Secretary and the Director shall ensure the protection of individual collecting and analyzing data on the our children and families, indeed our health privacy consistent with regulations incidence and prevalence of develop- entire society, benefits when we pre- promulgated in accordance with section mental disabilities, and for other pur- vent developmental diseases rather 264(c) of the Health Insurance Portability poses; to the Committee on Health, than treating them after they occur. and Accountability Act of 1996 (42 U.S.C. Education, Labor, and Pensions. And thank you to my friend Senator 1320d–2 note), the Family Educational Right Mrs. CLINTON. Mr. President, I rise COLLINS for her hard work and commit- to Privacy Act (20 U.S.C. 1232g), and State today to discuss a rising epidemic that ment to this important issue. and local privacy regulations, as applicable. is preventing a growing number of chil- I ask unanimous consent that the dren in our Nation from learning and text of the bill be printed in the By Mr. SANTORIUM (for himself and Mrs. LINCOLN): contributing fully as members of our RECORD. society. There being no objection, the bill was S. 1227. A bill to amend title XVIII of Twelve million children under the ordered to be printed in the RECORD, as the Social Security Act to provide for age of eighteen now suffer from a de- follows: coverage of substitute adult day serv- velopmental, learning or behavioral S. 1226 ices under the medicare program; to the Committee on Finance. disability. Since 1977, enrollment in Be it enacted by the Senate and House of Rep- special education programs for chil- resentatives of the United States of America in Mr. SANTORUM. Mr. President, I dren with learning disabilities has dou- Congress assembled, rise to join my colleague Mrs. LINCOLN bled. In New York, there are 206,000 SECTION 1. SHORT TITLE. of Arkansas to reintroduce bipartisan learning disabled children—this is fifty This Act may be cited as the ‘‘2003 Act to legislation aimed at improving long- percent of the special education popu- Prevent Developmental Disabilities in Edu- term care health and rehabilitation op- lation in New York. cation’’. tions for Medicare beneficiaries, and While we know that developmental SEC. 2. FINDINGS AND PURPOSES. also assisting family caregivers. (a) FINDINGS.—Congress makes the fol- We all recognize that our Nation disabilities are affecting more children lowing findings: and costing us more money, we still (1) Seventeen percent of children in the needs to address sooner rather than know relatively little about the causes United States under 18 years of age have a later the challenges of financing long- of developmental disabilities. A Na- developmental disability. term care services for our growing tional Academy of Sciences study sug- (2) Since 1977, enrollment in special edu- aging population. The Congressional gests that genetic factors explain only cation programs for children with learning Budget Office has projected that na- ten to twenty percent of developmental disabilities has doubled. tional expenditures for long-term care disabilities. Considerable research sug- (3) Federal and State education depart- services for the elderly will increase ments spend about $43,000,000,000 each year each year through 2040. But it is in just gests that toxic chemicals such as mer- on special education programs for individ- cury, pesticides, and dioxin contribute uals with developmental disabilities who are over a decade when we will see these to these problems, but proving the between 3 and 21 years of age. challenges become even more pro- exact role of environmental factors in (4) Research suggests that genetic factors nounced, when the 76 million baby these problems will take time and sig- explain only 10 to 20 percent of develop- boomers begin to turn 65. Baby nificant research dollars. mental diseases, and a National Academy of boomers are expected to live longer We can simply not stand back and Sciences study suggests that at least 28 per- and greater numbers will reach 85 and watch our children suffer from this in- cent of developmental disabilities are due to older. creasing epidemic. That is why I have environmental causes. Congress’ attention in this area is (b) PURPOSE.—It is the purpose of this Act worked hard to develop the 2003 Act to to ensure a collaborative tracking effort be- critical, given the expected growing Prevent Developmental Disabilities in tween the Department of Education and the costs of long-term care services, and Education, which I am proud to intro- Centers for Disease Control and Prevention the fact that so many American fami- duce today with my colleague, Senator for developmental disabilities and potential lies are already serving as caregivers COLLINS. It would help us lower the environmental links. for aging or ailing seniors and pro- costs of developmental disabilities by SEC. 3. DEPARTMENT OF EDUCATION TRACKING viding a large portion of long-term identifying the preventable, non-ge- ACTIVITIES. care services. It is more important (a) IN GENERAL.—The Secretary of Edu- netic causes that are affecting so many cation (in this section referred to as the than ever that we have in place quality children in our nation. ‘‘Secretary’’) shall coordinate efforts with options in how to best care for our sen- Our legislation would require the De- the Director of the National Center for Birth ior population about to dramatically partment of Education to coordinate Defects and Developmental Disabilities of increase. with the CDC to improve data collec- the Centers for Disease Control and Preven- This is why we are introducing the tion on environmental hazards that tion (in this section referred to as the ‘‘Di- Medicare Adult Day Services Alter- cause disabilities. At this time, the De- rector’’) in collecting and analyzing data on native Act. This legislation would offer partment of Education collects infor- the incidence and prevalence of develop- home health beneficiaries more options mental disabilities to determine localities mation on the prevalence of disabil- with a high incidence of developmental dis- for receiving care in a setting of their ities among children in schools and the abilities and study possible causes of the in- own choosing, rather than confining CDC collects information on environ- creased incidence of these diseases, dis- the provision of those benefits solely to mental toxins, but the two data sys- orders, and conditions. the home. tems are not coordinated. If they were, (b) EXISTING SURVEILLANCE SYSTEMS, REG- This legislation would give bene- policymakers and researchers could ISTRIES, AND SURVEYS.—To the maximum ex- ficiaries the option to receive some or better identify where environmental tent practicable in implementing the activi- all of their Medicare home health serv- hazards may be causing developmental ties under this section, the Secretary and ices in an adult day setting. This would the Director shall develop methods for recon- disabilities and target resources to ciling data collected in accordance with the be a substitution, not an expansion, of these areas for abatement. A National Individuals with Disabilities Education Act services. The bill would not make new Academy of Sciences study suggests (20 U.S.C. 1400 et seq.) on the prevalence of people eligible for Medicare home that 28 percent of developmental dis- developmental disabilities with existing sur- health benefits or expand the list of abilities are due to environmental veillance and data collection systems, reg- services paid for. In fact, this legisla- causes, and a recent study in the New istries, and surveys that are administered by tion may be designed to produce net England Journal of Medicine dem- the Centers for Disease Control and Preven- savings for the Medicare program. onstrated that exposure to low levels of tion, including— Permitting homebound patients to (1) State birth defects surveillance systems lead can result in a drop of 7.4 IQ as supported under section 317C of the Public receive their home health care in a points, which can turn a healthy child Health Service Act (42 U.S.C. 247b–4); and clinically-based senior day center, as into one with a developmental dis- (2) environmental public health tracking an alternative to receiving it at home, ability. program grants authorized under section 301 could result in significant benefits to

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.054 S10PT1 S7634 CONGRESSIONAL RECORD — SENATE June 10, 2003 the Medicare program, such as reduced (4) nearly 75 percent of those actively pro- ices facility’ means a public agency or pri- cost-per-episode, reduced numbers of viding such care are women who also main- vate organization, or a subdivision of such episodes, as well as mental and phys- tain other responsibilities, such as working an agency or organization, that— ical stimulation for patients. outside of the home and raising young chil- ‘‘(i) is engaged in providing skilled nursing Moreover, the Medicare Adult Day dren; services and other therapeutic services di- (5) the average loss of income to these rectly or under arrangement with a home Services Alternative Act could well caregivers has been shown to be $659,130 in health agency; have a positive impact on our econ- wages, pension, and Social Security benefits; ‘‘(ii) provides the items and services de- omy, as it would enable caregivers to (6) the loss in productivity in United scribed in paragraph (1)(B); and attend to other facets in today’s fast- States businesses ranges from $11,000,000,000 ‘‘(iii) meets the requirements of para- paced family life, such as working a to $29,000,000,000 annually; graphs (2) through (8) of subsection (o). full- or part-time job and caring for (7) the services offered in adult day serv- ‘‘(B) Notwithstanding subparagraph (A), children, knowing their loved ones are ices facilities provide continuity of care and the term ‘adult day services facility’ shall an important sense of community for both include a home health agency in which the well cared for. It is unfortunate that items and services described in clauses (ii) today many caregivers have to choose the senior and the caregiver; (8) there are adult day services facilities in through (iv) of paragraph (1)(B) are pro- between working or caring for a family every State in the United States and the Dis- vided— member. It is estimated that the aver- trict of Columbia; ‘‘(i) by an adult day services program that age loss of income to these caregivers (9) these centers generally offer transpor- is licensed or certified by a State, or accred- is more than $600,000 in wages, pension, tation, meals, personal care, and counseling ited, to furnish such items and services in and Social Security benefits. And by in addition to the medical services and so- the State; and extension, the loss in productivity in cialization benefits offered; and ‘‘(ii) under arrangements with that program made by such agency. United States businesses is pegged at (10) with the need for quality options in how to best care for our senior population ‘‘(C) The Secretary may waive the require- more than $10 billion annually. ment of a surety bond under paragraph (7) of But it does not have to be an either- about to dramatically increase with the aging of the baby boomer generation, the subsection (o) in the case of an agency or or- or proposition. The Medicare Adult ganization that provides a comparable sur- time to address these issues is now. Day Services Alternative Act is a cre- ety bond under State law.’’. SEC. 3. MEDICARE COVERAGE OF SUBSTITUTE (b) PAYMENT FOR SUBSTITUTE ADULT DAY ative solution to health care delivery, ADULT DAY SERVICES. which would adequately reimburse pro- SERVICES.—Section 1895 of the Social Secu- (a) SUBSTITUTE ADULT DAY SERVICES BEN- rity Act (42 U.S.C. 1395fff) is amended by add- viders in a fiscally responsible way. Lo- EFIT.— ing at the end the following new subsection: cated in every state in the United (1) IN GENERAL.—Section 1861(m) of the So- ‘‘(f) PAYMENT RATE FOR SUBSTITUTE ADULT States and the District of Columbia, cial Security Act (42 U.S.C. 1395x(m)) is DAY SERVICES.— adult day centers generally offer trans- amended— ‘‘(1) PAYMENT RATE.—For purposes of mak- portation, meals, personal care, and (A) in the matter preceding paragraph (1), ing payments to an adult day services facil- by inserting ‘‘or (8)’’ after ‘‘paragraph (7)’’; counseling in addition to the medical ity for substitute adult day services (as de- (B) in paragraph (6), by striking ‘‘and’’ at fined in section 1861(ww)), the following rules services and socialization benefits of- the end; fered. shall apply: (C) in paragraph (7), by adding ‘‘and’’ at ‘‘(A) ESTIMATION OF PAYMENT AMOUNT.— We can and should offer both our the end; and The Secretary shall estimate the amount Medicare beneficiaries and family care- (D) by inserting after paragraph (7), the that would otherwise be payable to a home givers more and better options for following new paragraph: health agency under this section for all health care delivery, and that is ex- ‘‘(8) substitute adult day services (as de- home health services described in paragraph actly what the Medicare Adult Day fined in subsection (ww));’’. (1)(B)(i) of such section under the plan of Services Alternative Act is designed to (2) SUBSTITUTE ADULT DAY SERVICES DE- care. do. This legislation is bipartisan, and FINED.—Section 1861 of the Social Security ‘‘(B) AMOUNT OF PAYMENT.—Subject to Act (42 U.S.C. 1395x) is amended by adding at paragraph (3)(B), the total amount payable has been supported by more than 20 na- the end the following new subsection: tional non-profit organizations con- for substitute adult day services under the ‘‘Substitute Adult Day Services; Adult Day plan of care is equal to 95 percent of the cerned with the well-being of Amer- Services Facility amount estimated to be payable under sub- ica’s older population and committed ‘‘(ww)(1)(A) The term ‘substitute adult day paragraph (A). to representing their interests. services’ means the items and services de- ‘‘(2) LIMITATION ON BALANCE BILLING.—An I hope our colleagues will join us in scribed in subparagraph (B) that are fur- adult day services facility shall accept as this cause. I again thank Senator LIN- nished to an individual by an adult day serv- payment in full for substitute adult day COLN for working with me in this ef- ices facility as a part of a plan under sub- services (including those services described fort, and ask unanimous consent that section (m) that substitutes such services for in clauses (ii) through (iv) of section the text of the bill be printed in the some or all of the items and services de- 1861(ww)(1)(B)) furnished by the facility to an RECORD. scribed in subparagraph (B)(i) furnished by a individual entitled to benefits under this There being no objection, the bill was home health agency under the plan, as deter- title the amount of payment provided under this subsection for home health services con- ordered to be printed in the RECORD, as mined by the physician establishing the sisting of substitute adult day services. follows: plan. ‘‘(B) The items and services described in ‘‘(3) ADJUSTMENT IN CASE OF OVERUTILIZA- S. 1227 this subparagraph are the following items TION OF SUBSTITUTE ADULT DAY SERVICES.— Be it enacted by the Senate and House of Rep- and services: ‘‘(A) MONITORING EXPENDITURES.—Begin- resentatives of the United States of America in ‘‘(i) Items and services described in para- ning with fiscal year 2005, the Secretary Congress assembled, graphs (1) through (7) of subsection (m). shall monitor the expenditures made under SECTION 1. SHORT TITLE. ‘‘(ii) Meals. this title for home health services, including This Act may be cited as the ‘‘Medicare ‘‘(iii) A program of supervised activities such services consisting of substitute adult Adult Day Services Alternative Act of 2003’’. designed to promote physical and mental day services, for the fiscal year and shall SEC. 2. FINDINGS. health and furnished to the individual by the compare such expenditures to expenditures Congress finds that— adult day services facility in a group setting that the Secretary estimates would have (1) adult day services offers services, infor a period of not fewer than 4 and not been made under this title for home health cluding medical care, rehabilitation thera- greater than 12 hours per day. services for the fiscal year if the Medicare pies, dignified assistance with activities of ‘‘(iv) A medication management program Adult Day Services Alternative Act of 2003 daily living, social interaction, and stimu- (as defined in subparagraph (C)). had not been enacted. lating activities, to seniors who are frail, ‘‘(C) For purposes of subparagraph (B)(iv), ‘‘(B) REQUIRED REDUCTION IN PAYMENT physically challenged, or cognitively im- the term ‘medication management program’ RATE.—If the Secretary determines, after paired; means a program of services, including medi- making the comparison under subparagraph (2) access to adult day services provides cine screening and patient and health care (A) and making such adjustments for seniors and their familial caregivers support provider education programs, that provides changes in demographics and age of the that is critical to keeping the senior in the services to minimize— medicare beneficiary population as the Sec- family home; ‘‘(i) unnecessary or inappropriate use of retary determines appropriate, that expendi- (3) more than 22,000,000 families in the prescription drugs; and tures for home health services under the this United States serve as caregivers for aging ‘‘(ii) adverse events due to unintended pre- title, including such services consisting of or ailing seniors, nearly 1 in 4 American fam- scription drug-to-drug interactions. substitute adult day services, for the fiscal ilies, providing close to 80 percent of the care ‘‘(2)(A) Except as provided in subpara- year exceed expenditures that would have to individuals requiring long-term care; graphs (B) and (C), the term ‘adult day serv- been made under this title for home health

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.088 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7635 services for the fiscal year if the Medicare lead abatement contractor. Owners ards from homes and thereby decrease the Adult Day Services Alternative Act of 2003 would receive a maximum tax credit of number of children who suffer reduced intel- not been enacted, then the Secretary shall 50 percent of the cost of the abatement, ligence, learning difficulties, behavioral adjust the rate of payment to adult day serv- not to exceed $1,500 per dwelling unit. problems, and other health consequences due ices facilities under paragraph (1)(B) for to lead-poisoning. In Massachusetts, a similar tax credit home health services consisting of substitute SEC. 2. LEAD ABATEMENT TAX CREDIT. helped reduce the number of new cases adult day services furnished in the fiscal (a) IN GENERAL.—Subpart B of part IV of year in order to eliminate such excess.’’. of childhood lead poisoning by almost subchapter A of chapter 1 (relating to foreign (c) EFFECTIVE DATE.—The amendments two-thirds in a decade. tax credit, etc.) is amended by adding at the made by this section shall apply to items The Home Lead Safety Tax Credit end the following new section: and services furnished on or after January 1, Act of 2003 would help homeowners ‘‘SEC. 30B. HOME LEAD ABATEMENT. 2004. make approximately 85,000 homes each ‘‘(a) ALLOWANCE OF CREDIT.—There shall be By Mrs. CLINTON (for herself year safe from lead, which is more than allowed as a credit against the tax imposed ten times the number of homes made by this chapter an amount equal to 50 per- and Mr. DEWINE): lead safe by current Federal programs. cent of the abatement cost paid or incurred S. 1228: A bill to amend the Internal by the taxpayer during the taxable year for Revenue Code of 1986 to provide a tax It would greatly accelerate our progress in ridding our nation of the each eligible dwelling unit of the taxpayer. credit for property owners who remove ‘‘(b) LIMITATION.—The amount of the credit lead-based paint hazards; to the Com- significant problem of childhood lead allowed under subsection (a) for any eligible mittee on Finance. poisoning. I ask my colleagues to join dwelling unit shall not exceed— Mrs. CLINTON. Mr. President, I rise me in supporting this legislation, ‘‘(1) $1,500, over today to discuss a persistent, serious, which will help us achieve our common ‘‘(2) the aggregate cost taken into account and entirely preventable threat to our goal of protecting children from under subsection (a) with respect to such children’s intelligence, behavior, and threats in our environment. unit for all preceding taxable years. ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For learning. I ask unanimous consent that the text of the bill be printed in the purposes of this section: Lead poisoning affects 300,000 chil- ‘‘(1) ABATEMENT COST.— RECORD. dren in our Nation between the ages of ‘‘(A) IN GENERAL.—The term ‘abatement one and five, and has been linked with There being no objection, the bill was cost’ means, with respect to any eligible developmental disabilities, behavioral ordered to be printed in the RECORD, as dwelling unit— problems, and anemia. One recent follows: ‘‘(i) the cost for a certified risk assessor to study from the New England Journal of S. 1228 conduct an assessment to determine the Medicine also found that children suf- Be it enacted by the Senate and House of Rep- presence of a lead-based paint hazard, fered up to a 7.4 percent decrease in IQ resentatives of the United States of America in ‘‘(ii) the cost for a certified lead abatement Congress assembled, supervisor to perform the removal of paint at lead levels that CDC considers safe. and dust, the permanent enclosure or encap- At very high levels, lead poisoning can SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) SHORT TITLE.—This Act may be cited as sulation of lead-based paint, the replacement cause seizures, coma, and even death. the ‘‘Home Lead Safety Tax Credit Act of of painted surfaces or fixtures, or the re- In New York State in 1999, over 2003’’. moval or permanent covering of soil when twelve thousand children suffered from (b) FINDINGS.—Congress finds that: lead-based paint hazards are present in such lead poisoning, 9,533 of those children (1) Of the 98,000,000 housing units in the paint, dust, or soil, in New York City alone. In fact, we United States, 38,000,000 have lead-based ‘‘(iii) the cost for a certified lead abate- may even be underestimating the sig- paint. ment supervisor to perform all preparation, cleanup, disposal, and postabatement clear- nificance of this important public (2) Of the 38,000,000 housing units with lead- based paint, 25,000,000 pose a hazard, as de- ance testing activities associated with the health problem. fined by Environmental Protection Agency activities described in clause (ii), and I am glad that the Secretary of and Department of Housing and Urban De- ‘‘(iv) costs incurred by or on behalf of any Health and Human Services considers velopment standards, due to conditions such occupant of such dwelling unit for any relo- lead poisoning to be a priority, and es- as peeling paint and settled dust on floors cation which is necessary to achieve occu- tablished a national goal of ending and windowsills that contain lead at levels pant protection (as defined under section childhood lead poisoning by 2010. How- above Federal safety standards. 1345 of title 24, Code of Federal Regulations). ever, federal programs only have re- (3) Though the number of children in the ‘‘(B) LIMITATION.—The term ‘abatement sources to remove lead-based paint haz- United States ages 1 through 5 with blood cost’ does not include any cost to the extent such cost is funded by any grant, contract, ards from less than 0.1 percent of the levels higher than the Centers for Disease Control action level of 10 micrograms per or otherwise by another person (or any gov- twenty-five million housing units that deciliter has declined to 300,000, lead poi- ernmental agency). have these hazards. At this pace, we soning remains a serious, entirely prevent- ‘‘(2) ELIGIBLE DWELLING UNIT.— will not be able to end childhood lead able threat to a child’s intelligence, behav- ‘‘(A) IN GENERAL.—The term ‘eligible dwell- poisoning by 3010, let alone 2010. ior, and learning. ing unit’ means any dwelling unit— We will never stop childhood lead (4) The Secretary of Health and Human ‘‘(i) placed in service before 1978, poisoning unless we get lead out of the Services has established a national goal of ‘‘(ii) located in the United States, and buildings in which children live, work, ending childhood lead poisoning by 2010. ‘‘(iii) determined by a certified risk asses- and play. In Brooklyn, more than a (5) Current Federal lead abatement pro- sor to have a lead-based paint hazard. ‘‘(B) DWELLING UNIT.—The term ‘dwelling third of the buildings in one commu- grams, such as the Lead Hazard Control Grant Program of the Department of Hous- unit’ has the meaning given such term by nity have a lead-based paint hazard. ing and Urban Development, only have re- section 280A(f)(1). Parents of children with lead poisoning sources sufficient to make approximately ‘‘(3) LEAD-BASED PAINT HAZARD.—The term are being told that nothing can be done 7,000 homes lead-safe each year. In many ‘lead-based paint hazard’ has the meaning until their children’s lead poisoning be- cases, when State and local public health de- given such term under part 745 of title 40, comes worse. How can we ask children partments identify a lead-poisoned child, re- Code of Federal Regulations. to watch and wait while their sons and sources are insufficient to reduce or elimi- ‘‘(4) CERTIFIED LEAD ABATEMENT SUPER- daughters suffer from lead poisoning nate the hazards. VISOR.—The term ‘certified lead abatement supervisor’ means an individual certified by before we remove the lead from their (6) Approximately 15 percent of children are lead-poisoned by home renovation the Environmental Protection Agency pursu- homes? projects performed by remodelers who fail to ant to section 745.226 of title 40, Code of Fed- That is why today, I am proud to in- follow basic safeguards to control lead dust. eral Regulations, or an appropriate State troduce the Home Lead Safety Tax (7) Old windows typically pose significant agency pursuant to section 745.325 of title 40, Credit Act of 2003 with my colleague, risks because wood trim is more likely to be Code of Federal Regulations. Senator MIKE DEWINE. This legislation painted with lead-based paint, moisture ‘‘(5) CERTIFIED INSPECTOR.—The term ‘cer- would provide a tax credit to aide and causes paint to deteriorate, and friction gen- tified inspector’ means an inspector certified encourage homeowners in removing erates lead dust. The replacement of old win- by the Environmental Protection Agency lead-based paint hazards in their dows that contain lead based paint signifi- pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State homes. Specifically, it would provide a cantly reduces lead poisoning hazards in addition to producing significant energy sav- agency pursuant to section 745.325 of title 40, tax credit for owners of residential ings. Code of Federal Regulations. properties built before 1978 that pay for (c) PURPOSE.—The purpose of this section ‘‘(6) CERTIFIED RISK ASSESSOR.—The term abatement performed by a certified is to encourage the safe removal of lead haz- ‘certified risk assessor’ means a risk assessor

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.077 S10PT1 S7636 CONGRESSIONAL RECORD — SENATE June 10, 2003 certified by the Environmental Protection S. 1229. A bill to amend chapter 23 of means impossible to refute. To address Agency pursuant to section 745.226 of title 40, title 5, United States Code, to clarify this unreasonable burden placed on Code of Federal Regulations, or an appro- the disclosures of information pro- whistleblowers, our bill would replace priate State agency pursuant to section tected from prohibited personnel prac- 745.325 of title 40, Code of Federal Regula- the ‘‘irrefragable proof’’ standard with tions. tices, require a statement in nondisclo- ‘‘substantial evidence.’’ ‘‘(7) DOCUMENTATION REQUIRED FOR CREDIT sure policies, forms, and agreements The bill would provide some method ALLOWANCE.—No credit shall be allowed that such policies, forms, and agree- of relief for those whistleblowers who under subsection (a) with respect to any eli- ments conform with certain disclosure face retaliation by having their secu- gible dwelling unit unless— protections, provide certain authority rity clearance removed. According to ‘‘(A) after lead abatement is complete, a for the Special Counsel, and for other former Special Counsel Elaine Kaplan, certified inspector or certified risk assessor purposes; to the Committee on Govern- removal of a security clearance in this provides written documentation to the tax- mental Affairs. payer that includes— manner is a way of camouflaging retal- ‘‘(i) a certification that the postabatement Mr. AKAKA. Mr. President. Today I iation. To address this issue, the bill procedures (as defined by section 745.227 of rise to introduce the Federal Employee would make it a prohibited personnel title 40, Code of Federal Regulations) have Protection of Disclosures Act with practice for a manager to suspend, re- been performed and that the unit does not Senators LEVIN, LEAHY, DURBIN, and voke or take other action with respect contain lead dust hazards (as defined by sec- DAYTON to amend the Whistleblower to an employee’s security clearance in tion 745.227(e)(8)(viii) of title 40, Code of Fed- Protection Act, WPA. These amend- retaliation for whistleblowing and eral Regulations), and ments are necessary to protect Federal allow the Merit Systems Protection ‘‘(ii) documentation showing that the lead employees from retaliation and protect abatement meets the requirements of this Board, MSPB, to review the action. section, and the American people from government Under an expedited review process, the ‘‘(B) the taxpayer files with the appro- waste, fraud, and abuse. The Federal MSPB may issue declaratory and other priate State agency— Employee Protection of Disclosures appropriate relief, but may not direct ‘‘(i) the documentation described in sub- Act builds on the foundation laid in the the President to restore a security paragraph (A), 107th Congress with S. 995 and S. 3070, clearance. MSPB and subsequent Con- ‘‘(ii) a receipt from the certified risk asses- the latter of which was favorably re- gressional review of the agency’s ac- sor documenting the costs of determining ported by the Governmental Affairs the presence of a lead-based paint hazard, tion provides sound oversight for this ‘‘(iii) a receipt from the certified lead Committee last year. The bill also in- process without encroaching upon the abatement supervisor documenting the corporates recommendations received President’s authority in the national abatement cost (other than the costs de- during a hearing I chaired on similar security arena. scribed in paragraph (1)(A)(i)), and legislation in 2001. The measure would also provide inde- ‘‘(iv) a statement indicating the age of the Last year, Time magazine honored pendent litigating authority to the Of- dwelling unit. Sherron Watkins, Colleen Rowley, and fice of Special Counsel, OSC. Under ‘‘(8) BASIS REDUCTION.—The basis of any Cynthia Cooper as its ‘‘persons of the current law, OSC has no authority to property for which a credit is allowable year.’’ These brave women are whistle- under subsection (a) shall be reduced by the request MSPB to reconsider its deci- amount of such credit (determined without blowers—Colleen Rowley is the Min- sion or to seek review of a MSPB deci- regard to subsection (d)). neapolis FBI agent who penned the sion by the Federal Circuit. The limita- ‘‘(d) LIMITATION BASED ON AMOUNT OF TAX.— memo on the FBI headquarter’s han- tion undermines both OSC’s ability to The credit allowed under subsection (a) for dling of the Zacarias Mousssoui case. protect whistleblowers and the integ- the taxable year shall not exceed the excess In 2002, Ms. Rowley and the two other rity of the WPA. As such, our bill of— women went public with disclosures of ‘‘(1) the sum of the regular tax liability (as would provide OSC authority to appear defined in section 26(b)) plus the tax imposed mismanagement and wrongdoing within any civil action brought in connec- by section 55, over in their workplaces. They captured the tion with the WPA and obtain review ‘‘(2) the sum of the credits allowable under nation’s attention and earned our re- of any MSPB order where OSC deter- subpart A and sections 27, 29, 30, and 30A for spect in their roles as whistleblowers. mines MSPB erred and the case will the taxable year. Congress encourages Federal employ- impact the enforcement of the WPA. ‘‘(e) CARRYFORWARD ALLOWED.— ees like Ms. Rowley to come forward The bill would also help protect the in- ‘‘(1) IN GENERAL.—If the credit amount al- with information of threats to public lowable under subsection (a) for a taxable tegrity of the Act by removing sole ju- year exceeds the amount of the limitation safety and health through the WPA, risdiction of such cases from the Fed- under subsection (d) for such taxable year which has been amended twice in order eral Circuit and provide for review of (referred to as the ‘unused credit year’ in to shore up congressional intent. whistleblower cases in the same man- this subsection), such excess shall be allowed Once again, Congress must act to ner that is afforded in Equal Employ- as a credit carryforward for each of the 20 guarantee protections from retaliation ment Opportunity Commission cases. taxable years following the unused credit for Federal whistleblowers. First and This review system is designed to ad- year. foremost, our bill would codify the re- dress holdings by the Federal Circuit ‘‘(2) RULES.—Rules similar to the rules of peated and unequivocal statements of section 39 shall apply with respect to the which have repeatedly ignored congres- credit carryforward under paragraph (1).’’. congressional intent that Federal em- sional intent. (b) CONFORMING AMENDMENTS.— ployees are to be protected when mak- Enactment of the Federal Employee (1) Section 1016(a) is amended by striking ing ‘‘any disclosure’’ evidencing viola- Protection of Disclosures Act will ‘‘and’’ in paragraph (27), by striking the pe- tions of law, gross mismanagement, or strengthen the rights and protections riod and inserting ‘‘, and’’ in paragraph (28), a gross waste of funds. The bill would afforded to Federal whistleblowers and and by inserting at the end the following also clarify the test that must be met new paragraph: encourage the disclosure of informa- ‘‘(29) in the case of an eligible dwelling to prove that a Federal employee rea- tion vital to an effective government. unit with respect to which a credit for lead sonably believed that his or her disclo- Congress should act quickly to assure abatement was allowed under section 30B, to sure was evidence of wrongdoing. De- whistleblowers that disclosing illegal the extent provided in section 30B(c)(8).’’. spite the clear language of the WPA activities within their agencies will (2) The table of sections for subpart B of that an employee is protected from dis- not be met with retaliation. I urge my part IV of subchapter A of chapter 1 is closing information he or she reason- colleagues to join with me in pro- amended by inserting after the item relating ably believes evidences a violation, the tecting the dedicated Federal employ- to section 30A the following new item: Federal Circuit Court of Appeals, ees who come forward to disclose ‘‘Sec. 30B. Home lead abatement.’’. which has sole jurisdiction over whis- wrongdoing to help the American peo- (c) EFFECTIVE DATE.—The amendments tleblower cases, ruled in 1999 that the made by this section shall apply to abate- ple. ment costs incurred after December 31, 2003, reasonableness review must begin with I ask unanimous consent that the in taxable years ending after that date. the presumption that public officers text of the bill be printed in the perform their duties in good faith and RECORD. By Mr. AKAKA (for himself, Mr. that this presumption stands unless There being no objection, the bill was LEVIN, Mr. LEAHY, Mr. DURBIN, there is ‘‘irrefragable proof’’ to the ordered to be printed in the RECORD, as and Mr. DAYTON): contrary. By definition, irrefragable follows:

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.064 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7637 S. 1229 ‘‘For purposes of paragraph (8), any pre- ‘‘(b)(1) If, in any final judgment, the Board Be it enacted by the Senate and House of Rep- sumption relating to the performance of a or court declares that any suspension, rev- resentatives of the United States of America in duty by an employee who has authority to ocation, or other determination with regards Congress assembled, take, direct others to take, recommend, or to a security clearance was made in viola- SECTION 1. PROTECTION OF CERTAIN DISCLO- approve any personnel action may be rebut- tion of section 2302, the affected agency shall SURES OF INFORMATION BY FED- ted by substantial evidence.’’. conduct a review of that suspension, revoca- ERAL EMPLOYEES. (e) NONDISCLOSURE POLICIES, FORMS, AND tion, or other determination, giving great (a) SHORT TITLE.—This Act may be cited as AGREEMENTS; SECURITY CLEARANCES; AND RE- weight to the Board or court judgment. the ‘‘Federal Employee Protection of Disclo- TALIATORY INVESTIGATIONS.— ‘‘(2) Not later than 30 days after any Board sures Act’’. (1) PERSONNEL ACTION.—Section or court judgment declaring that a security (b) CLARIFICATION OF DISCLOSURES COV- 2302(a)(2)(A) of title 5, United States Code, is clearance suspension, revocation, or other ERED.—Section 2302(b)(8) of title 5, United amended— determination was made in violation of sec- States Code, is amended— (A) in clause (x), by striking ‘‘and’’ after tion 2302, the affected agency shall issue an (1) in subparagraph (A)— the semicolon; and unclassified report to the congressional com- (A) by striking ‘‘which the employee or ap- (B) by redesignating clause (xi) as clause mittees of jurisdiction (with a classified plicant reasonably believes evidences’’ and (xiv) and inserting after clause (x) the fol- annex if necessary), detailing the cir- inserting ‘‘, without restriction to time, lowing: cumstances of the agency’s security clear- place, form, motive, context, or prior disclo- ‘‘(xi) the implementation or enforcement ance suspension, revocation, or other deter- sure made to any person by an employee or of any nondisclosure policy, form, or agree- mination. A report under this paragraph applicant, including a disclosure made in the ment; shall include any proposed agency action ordinary course of an employee’s duties, that ‘‘(xii) a suspension, revocation, or other de- with regards to the security clearance. the employee or applicant reasonably be- termination relating to a security clearance; ‘‘(c) An allegation that a security clear- lieves is evidence of’’; and ‘‘(xiii) an investigation of an employee or ance was revoked or suspended in retaliation (B) in clause (i), by striking ‘‘a violation’’ applicant for employment because of any ac- for a protected disclosure shall receive expe- and inserting ‘‘any violation’’; tivity protected under this section; and’’. dited review by the Office of Special Counsel, the Merit Systems Protection Board, and (2) in subparagraph (B)— (2) PROHIBITED PERSONNEL PRACTICE.—Sec- (A) by striking ‘‘which the employee or ap- tion 2302(b) of title 5, United States Code, is any reviewing court.’’. plicant reasonably believes evidences’’ and amended— (B) TECHNICAL AND CONFORMING AMEND- inserting ‘‘, without restriction to time, (A) in paragraph (11), by striking ‘‘or’’ at MENT.—The table of sections for chapter 77 of place, form, motive, context, or prior disclo- the end; title 5, United States Code, is amended by insure made to any person by an employee or (B) in paragraph (12), by striking the pe- serting after the item relating to section 7702 applicant, including a disclosure made in the riod and inserting a semicolon; and the following: ordinary course of an employee’s duties, to (C) by inserting after paragraph (12) the ‘‘7702a. Actions relating to security clear- the Special Counsel, or to the Inspector Gen- following: ances.’’. eral of an agency or another employee des- ‘‘(13) implement or enforce any nondisclo- (f) EXCLUSION OF AGENCIES BY THE PRESI- ignated by the head of the agency to receive sure policy, form, or agreement, if such pol- DENT.—Section 2302(a)(2)(C) of title 5, United such disclosures, of information that the em- icy, form, or agreement does not contain the States Code, is amended by striking clause ployee or applicant reasonably believes is following statement: (ii) and inserting the following: evidence of’’; and ‘‘ ‘These provisions are consistent with and ‘‘(ii)(I) the Federal Bureau of Investiga- (B) in clause (i), by striking ‘‘a violation’’ do not supersede, conflict with, or otherwise tion, the Central Intelligence Agency, the and inserting ‘‘any violation (other than a alter the employee obligations, rights, or li- Defense Intelligence Agency, the National violation of this section)’’; and abilities created by Executive Order No. Imagery and Mapping Agency, the National (3) by adding at the end the following: 12958; section 7211 of title 5, United States Security Agency; and ‘‘(C) a disclosure that— Code (governing disclosures to Congress); ‘‘(II) as determined by the President, any ‘‘(i) is made by an employee or applicant of section 1034 of title 10, United States Code Executive agency or unit thereof the prin- information required by law or Executive (governing disclosure to Congress by mem- cipal function of which is the conduct of for- order to be kept secret in the interest of na- bers of the military); section 2302(b)(8) of eign intelligence or counterintelligence ac- tional defense or the conduct of foreign af- title 5, United States Code (governing disclo- tivities, if the determination (as that deter- fairs that the employee or applicant reason- sures of illegality, waste, fraud, abuse, or mination relates to a personnel action) is ably believes is direct and specific evidence public health or safety threats); the Intel- made before that personnel action; or’’. of— ligence Identities Protection Act of 1982 (50 (g) ATTORNEY FEES.—Section 1204(m)(1) of ‘‘(I) any violation of any law, rule, or regu- U.S.C. 421 et seq.) (governing disclosures that title 5, United States Code, is amended by lation; could expose confidential Government striking ‘‘agency involved’’ and inserting ‘‘(II) gross mismanagement, a gross waste agents); and the statutes which protect ‘‘agency where the prevailing party is em- of funds, an abuse of authority, or a substan- against disclosures that could compromise ployed or has applied for employment’’. tial and specific danger to public health or national security, including sections 641, 793, (h) COMPENSATORY DAMAGES.—Section safety; or 794, 798, and 952 of title 18, United States 1214(g)(2) of title 5, United States Code, is ‘‘(III) a false statement to Congress on an Code, and section 4(b) of the Subversive Ac- amended by inserting ‘‘compensatory or’’ after ‘‘forseeable’’. issue of material fact; and tivities Control Act of 1950 (50 U.S.C. 783(b)). (i) DISCIPLINARY ACTION.—Section 1215 of ‘‘(ii) is made to— The definitions, requirements, obligations, title 5, United States Code, is amended in ‘‘(I) a member of a committee of Congress rights, sanctions, and liabilities created by having a primary responsibility for oversight subsection (a), by striking paragraph (3) and such Executive order and such statutory pro- inserting the following: of a department, agency, or element of the visions are incorporated into this agreement Federal Government to which the disclosed ‘‘(3)(A) A final order of the Board may im- and are controlling.’; or pose— information relates and who is authorized to ‘‘(14) conduct, or cause to be conducted, an receive information of the type disclosed; ‘‘(i) disciplinary action consisting of re- investigation of an employee or applicant for moval, reduction in grade, debarment from ‘‘(II) any other Member of Congress who is employment because of any activity pro- authorized to receive information of the type Federal employment for a period not to ex- tected under this section.’’. ceed 5 years, suspension, or reprimand; disclosed; or OARD AND COURT REVIEW OF ACTIONS RE- (3) B ‘‘(ii) an assessment of a civil penalty not to ‘‘(III) an employee of Congress who has the LATING TO SECURITY CLEARANCES.— exceed $1,000; or appropriate security clearance and is author- (A) IN GENERAL.—Chapter 77 of title 5, ‘‘(iii) any combination of disciplinary ac- ized to receive information of the type dis- United States Code, is amended by inserting tions described under clause (i) and an as- closed.’’. after section 7702 the following: (c) COVERED DISCLOSURES.—Section 2302(b) sessment described under clause (ii). ‘‘§ 7702a. Actions relating to security clear- of title 5, United States Code, is amended— ‘‘(B) In any case in which the Board finds ances (1) in the matter following paragraph (12), that an employee has committed a prohib- by striking ‘‘This subsection’’ and inserting ‘‘(a) In any appeal relating to the suspen- ited personnel practice under section 2302(b) the following: sion, revocation, or other determination re- (1), (8), or (9), the Board may order discipli- ‘‘This subsection’’; and lating to a security clearance, the Merit Sys- nary action if the Board finds that the activ- (2) by adding at the end the following: tems Protection Board or any reviewing ity or status protected under section 2302(b) ‘‘In this subsection, the term ‘disclosure’ court— (1), (8), or (9) was a motivating factor for the means a formal or informal communication ‘‘(1) shall determine whether section 2302 employee’s decision to take, fail to take, or or transmission.’’. was violated; threaten to take or fail to take a personnel (d) REBUTTABLE PRESUMPTION.—Section ‘‘(2) may not order the President to restore action, even if other factors also motivated 2302(b) of title 5, United States Code, is a security clearance; and the decision.’’. amended by adding after the matter fol- ‘‘(3) subject to paragraph (2), may issue de- (j) DISCLOSURES TO CONGRESS.—Section 2302 lowing paragraph (12) (as amended by sub- claratory relief and any other appropriate of title 5, United States Code, is amended by section (c) of this section) the following: relief. adding at the end the following:

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‘‘(f) Each agency shall establish a process section, a petition to review a final order or (m) NONDISCLOSURE POLICIES, FORMS, AND that provides confidential advice to employ- final decision of the Board shall be filed in AGREEMENTS.— ees on making a lawful disclosure to Con- the United States Court of Appeals for the (1) IN GENERAL.— gress of information that is specifically re- Federal Circuit. Notwithstanding any other (A) REQUIREMENT.—Each agreement in quired by law or Executive order to be kept provision of law, any petition for review Standard Forms 312 and 4414 of the Govern- secret in the interest of national defense or must be filed within 60 days after the date ment and any other nondisclosure policy, the conduct of foreign affairs.’’. the petitioner received notice of the final form, or agreement of the Government shall (k) AUTHORITY OF SPECIAL COUNSEL RELAT- order or decision of the Board. contain the following statement: ‘‘These re- ING TO CIVIL ACTIONS.— ‘‘(B) During the 5-year period beginning on strictions are consistent with and do not su- (1) REPRESENTATION OF SPECIAL COUNSEL.— the effective date of the Federal Employee persede, conflict with, or otherwise alter the Section 1212 of title 5, United States Code, is Protection of Disclosures Act, a petition to employee obligations, rights, or liabilities amended by adding at the end the following: review a final order or final decision of the created by Executive Order No. 12958; section ‘‘(h) Except as provided in section 518 of Board shall be filed in the United States 7211 of title 5, United States Code (governing title 28, relating to litigation before the Su- Court of Appeals for the Federal Circuit or disclosures to Congress); section 1034 of title preme Court, attorneys designated by the any court of appeals of competent jurisdic- 10, United States Code (governing disclosure Special Counsel may appear for the Special tion as provided under subsection (b)(2). Not- to Congress by members of the military); Counsel and represent the Special Counsel in withstanding any other provision of law, any section 2302(b)(8) of title 5, United States any civil action brought in connection with petition for review must be filed within 60 Code (governing disclosures of illegality, section 2302(b)(8) or subchapter III of chapter days after the date the petitioner received waste, fraud, abuse or public health or safety 73, or as otherwise authorized by law.’’. notice of the final order or decision of the threats); the Intelligence Identities Protec- (2) JUDICIAL REVIEW OF MERIT SYSTEMS PRO- Board.’’. tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- TECTION BOARD DECISIONS.—Section 7703 of (2) REVIEW OBTAINED BY OFFICE OF PER- erning disclosures that could expose con- title 5, United States Code, is amended by SONNEL MANAGEMENT.—Section 7703 of title 5, fidential Government agents); and the stat- adding at the end the following: United States Code, is amended by striking ‘‘(e)(1) Except as provided under paragraph subsection (d) and inserting the following: utes which protect against disclosure that (2), this paragraph shall apply to any review ‘‘(d)(1) Except as provided under paragraph may compromise the national security, in- obtained by the Special Counsel. The Special (2), this paragraph shall apply to any review cluding sections 641, 793, 794, 798, and 952 of Counsel may obtain review of any final order obtained by the Director of the Office of Per- title 18, United States Code, and section 4(b) or decision of the Board by filing a petition sonnel Management. The Director of the Of- of the Subversive Activities Act of 1950 (50 for judicial review in the United States fice of Personnel Management may obtain U.S.C. 783(b)). The definitions, requirements, Court of Appeals for the Federal Circuit if review of any final order or decision of the obligations, rights, sanctions, and liabilities the Special Counsel determines, in the dis- Board by filing, within 60 days after the date created by such Executive order and such cretion of the Special Counsel, that the the Director received notice of the final statutory provisions are incorporated into Board erred in deciding a case arising under order or decision of the Board, a petition for this agreement and are controlling.’’ section 2302(b)(8) or subchapter III of chapter judicial review in the United States Court of (B) ENFORCEABILITY.—Any nondisclosure 73 and that the Board’s decision will have a Appeals for the Federal Circuit if the Direc- policy, form, or agreement described under substantial impact on the enforcement of tor determines, in his discretion, that the subparagraph (A) that does not contain the section 2302(b)(8) or subchapter III of chapter Board erred in interpreting a civil service statement required under subparagraph (A) 73. If the Special Counsel was not a party or law, rule, or regulation affecting personnel may not be implemented or enforced to the did not intervene in a matter before the management and that the Board’s decision extent such policy, form, or agreement is in- Board, the Special Counsel may not petition will have a substantial impact on a civil consistent with that statement. for review of a Board decision under this sec- service law, rule, regulation, or policy direc- (2) PERSONS OTHER THAN GOVERNMENT EM- tion unless the Special Counsel first petitive. If the Director did not intervene in a PLOYEES.—Notwithstanding paragraph (1), a tions the Board for reconsideration of its de- matter before the Board, the Director may nondisclosure policy, form, or agreement cision, and such petition is denied. In addi- not petition for review of a Board decision that is to be executed by a person connected tion to the named respondent, the Board and under this section unless the Director first with the conduct of an intelligence or intel- all other parties to the proceedings before petitions the Board for a reconsideration of ligence-related activity, other than an em- the Board shall have the right to appear in its decision, and such petition is denied. In ployee or officer of the Federal Government the proceedings before the Court of Appeals. addition to the named respondent, the Board or a State or local government, may contain The granting of the petition for judicial re- and all other parties to the proceedings be- provisions appropriate to the particular ac- view shall be at the discretion of the Court fore the Board shall have the right to appear tivity for which such document is to be used. of Appeals. in the proceeding before the Court of Ap- Such form or agreement shall, at a min- ‘‘(2) During the 5-year period beginning on peals. The granting of the petition for judi- imum, require that the person will not dis- the effective date of the Federal Employee cial review shall be at the discretion of the close any classified information received in Protection of Disclosures Act, this para- Court of Appeals. the course of such activity unless specifi- graph shall apply to any review obtained by ‘‘(2) During the 5-year period beginning on cally authorized to do so by the United the Special Counsel. The Special Counsel the effective date of the Federal Employee States Government. Such nondisclosure may obtain review of any final order or deci- Protection of Disclosures Act, this para- forms shall also make it clear that such sion of the Board by filing a petition for judi- graph shall apply to any review obtained by forms do not bar disclosures to Congress or cial review in the United States Court of Ap- the Director of the Office of Personnel Man- to an authorized official of an executive peals for the Federal Circuit or any court of agement. The Director of the Office of Per- agency or the Department of Justice that appeals of competent jurisdiction as pro- sonnel Management may obtain review of are essential to reporting a substantial vio- vided under subsection (b)(2) if the Special any final order or decision of the Board by lation of law. filing, within 60 days after the date the Di- Counsel determines, in the discretion of the (n) CLARIFICATION OF WHISTLEBLOWER rector received notice of the final order or Special Counsel, that the Board erred in de- RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- decision of the Board, a petition for judicial ciding a case arising under section 2302(b)(8) MATION.—Section 214(c) of the Homeland Se- or subchapter III of chapter 73 and that the review in the United States Court of Appeals curity Act of 2002 (Public Law 107–296) is for the Federal Circuit or any court of ap- Board’s decision will have a substantial im- amended by adding at the end the following: peals of competent jurisdiction as provided pact on the enforcement of section 2302(b)(8) ‘‘For purposes of this section a permissible under subsection (b)(2) if the Director deter- or subchapter III of chapter 73. If the Special use of independently obtained information mines, in his discretion, that the Board erred Counsel was not a party or did not intervene includes the disclosure of such information in interpreting a civil service law, rule, or in a matter before the Board, the Special under section 2302(b)(8) of title 5, United regulation affecting personnel management Counsel may not petition for review of a States Code.’’. and that the Board’s decision will have a Board decision under this section unless the (o) EFFECTIVE DATE.—This Act shall take substantial impact on a civil service law, Special Counsel first petitions the Board for effect 30 days after the date of enactment of rule, regulation, or policy directive. If the reconsideration of its decision, and such pe- this Act. Director did not intervene in a matter before tition is denied. In addition to the named re- Mr. LEVIN. Mr. President, I am spondent, the Board and all other parties to the Board, the Director may not petition for the proceedings before the Board shall have review of a Board decision under this section pleased to join Senators AKAKA, LEAHY, the right to appear in the proceedings before unless the Director first petitions the Board DURBIN and DAYTON today in intro- the court of appeals. The granting of the pe- for a reconsideration of its decision, and ducing the Federal Employees Protec- tition for judicial review shall be at the dis- such petition is denied. In addition to the tion of Disclosures Act. Our bill cretion of the court of appeals.’’. named respondent, the Board and all other strengthens the law protecting employ- (l) JUDICIAL REVIEW.— parties to the proceedings before the Board ees who blow the whistle on fraud, shall have the right to appear in the pro- (1) IN GENERAL.—Section 7703(b) of title 5, waste, and abuse in Federal programs. United States Code, is amended by striking ceeding before the court of appeals. The paragraph (1) and inserting the following: granting of the petition for judicial review Whistleblowers play a crucial role in ‘‘(b)(1)(A) Except as provided in subpara- shall be at the discretion of the Court of Ap- ensuring that Congress and the public graph (B) and paragraph (2) of this sub- peals.’’. are aware of serious cases of waste,

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.081 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7639 fraud, and mismanagement in govern- ings by the United States Court of Ap- regulations. . . . And this presumption ment. Whistleblowing is never more peals for the Federal Circuit have cor- stands unless there is ‘‘irrefragable important than when our national se- rupted the intent of Congress, with the proof to the contrary’.’’ curity is at stake. Since the terrorist result that additional clarifying lan- It was appropriate for the Federal attacks of September 11, 2001, coura- guage is sorely needed. The case of Circuit to remand the case to the geous individuals have stepped forward LaChance versus White represents per- MSPB to have it reconsider whether it to blow the whistle on significant haps the most notable example of the was reasonable for White to believe lapses in our efforts to protect the Federal Circuit’s misinterpretation of that what the Air Force did in this United States against potential future the whistleblower law. case involved gross mismanagement. attacks. Most notably, FBI Agent In LaChance, decided on May 14, 1999, However, the Federal Circuit went on Coleen Rowley alerted Congress to seri- the court imposed an unfounded and to impose a clearly erroneous and ex- ous institutional problems at the FBI virtually unattainable standard on cessive standard for him to dem- and their impact on the agency’s abil- Federal employee whistleblowers in onstrate his ‘‘reasonable belief’’—re- ity to effectively investigate and pre- proving their cases. In that case, John quiring him to provide ‘‘irrefragable’’ vent terrorism. E. White was an education specialist proof that the Air Force had engaged In another example, two Border Pa- for the Air Force who spoke out in gross mismanagement. trol agents from my State of Michigan, against a new educational system that Irrefragable means ‘‘undeniable, in- Mark Hall and Bob Lindemann, risked purported to mandate quality stand- contestable, incontrovertible, incapa- their careers when they blew the whis- ards for schools contracting with the ble of being overthrown.’’ How can a tle on Border Patrol and INS policies Air Force bases. White criticized the Federal employee meet a standard of that were compromising security on new system as counterproductive be- ‘‘irrefragable’’ in proving gross mis- the Northern Border. Their disclosure cause it was too burdensome and seri- management? It is a virtually impos- led to my holding a hearing at the Per- ously reduced the education opportuni- sible standard of proof to meet. More- manent Subcommittee on Investiga- ties available on base. After making over, there is nothing in the law or leg- tions in November 2001, that exposed these criticisms, local agency officials islative history that even suggests serious deficiencies in the way Border reassigned White, relieving him of his such a standard applies to the Whistle- Patrol and INS were dealing with duties and allegedly isolating him. blower Protection Act. The intent of aliens who were arrested while trying However, after an independent manage- the law is not for a Federal employee to enter the country illegally. Since ment review supported White’s con- to act as an investigator and compile the hearing, some of the most trouble- cerns, the Air Force canceled the pro- ‘‘irrefragable’’ proof that the Federal some policies have been changed, im- gram White had criticized. White ap- Government, in fact, committed fraud, proving the security situation and vali- pealed the reassignment in 1992 and the waste or abuse. Rather, under the clear dating the two agents’ concerns. De- case has been in litigation ever since. language of the statute, the employee spite the fact that their concerns The administrative judge initially needs only to have ‘‘a reasonable be- proved to be dead on, shortly after they dismissed White’s case, finding that his lief’’ that there is fraud, waste or abuse blew the whistle, disciplinary action disclosures were not protected by the occurring in order to make a protected was proposed against the two agents. Whistleblower Protection Act. The disclosure. Fortunately in this case, whistleblower MSPB, however, reversed the adminis- LaChance is only one example of the protections worked. The Office of Spe- trative judge’s decision and remanded Federal Circuit misinterpreting the cial Counsel conducted an investiga- the case back to the administrative law. Our bill corrects LaChance and as tion and the decision to discipline the judge, holding that since White dis- well as several other Federal Circuit agents was reversed. However, that disclosed information he reasonably be- holdings. In addition, the bill strength- ciplinary action was proposed in the lieved evidenced gross mismanage- ens the Office of Special Counsel and first place is a troubling reminder of ment, this disclosure was protected creates additional protections for fed- how important it is for us to both under the Act. On remand, the admin- eral employees who are retaliated strengthen protections for whistle- istrative judge found that the Air against for blowing the whistle. blowers and empower the Office of Spe- Force had violated the Whistleblower One of the most important issues ad- cial Counsel to discipline managers Protection Act and ordered the Air dressed in the bill is to clarify again who seek to muzzle employees. Force to return White to his prior sta- that the law is intended to protect a Agent Rowley, Mark Hall and Bob tus; the MSPB affirmed the decision of broad range of whistleblower disclo- Lindemann are simply the latest in a the administrative judge. OPM peti- sures. The legislative history sup- long line of Federal employees who tioned the Federal Circuit for a review porting the 1994 Whistleblower Protec- have taken great personal risks in of the board’s decision. The Federal tion Act amendments emphasized: ‘‘[I]t blowing the whistle on government Circuit subsequently reversed the also is not possible to further clarify waste, fraud, and mismanagement. MSPB’s decision, holding that there the clear language in section 2302(b)(8) Congress has long recognized the obli- was not adequate evidence to support a that protection for ‘‘any’’ whistle- gation we have to protect a Federal violation under the Whistleblower Pro- blowing disclosure truly means ‘‘any.’’ employee when he or she discloses evi- tection Act. The Federal Circuit held A protected disclosure may be made as dence of wrongdoing in a federal pro- that the evidence that White was a spe- part of an employee’s job duties, may gram. If an employee reasonably be- cialist on the subject at issue and concern policy or individual mis- lieves that a fraud or mismanagement aware of the alleged improper activi- conduct, and may be oral or written is occurring, and that employee has the ties and that his belief was shared by and to any audience inside or outside courage and the sense of responsibility other employees was not sufficient to the agency, without restriction to to make that fraud or mismanagement meet the ‘‘reasonable belief’’ test in time, place, motive or content.’’ known, it is our duty to protect the the law. The court held that ‘‘the board Despite this clear Congressional in- employee from any reprisal. We want must look for evidence that it was rea- tent that was clearly articulated in federal employees to identify problems sonable to believe that the disclosures 1994, the Federal Circuit has acted to so we can fix them, and if they fear re- revealed misbehavior’’ by the Air push a number of whistleblower disclo- prisal for doing so, then we are not Force. The court went on to say: ‘‘In sures outside the protections of the only failing to protect the whistle- this case, review of the Air Force’s pol- whistleblower law. For example, in blower, but we are also failing to pro- icy and implementation via the QES Horton versus the Department of the tect the taxpayer. standards might well show them to be Navy, the Federal Circuit ruled that a I sponsored the Whistleblower Pro- entirely appropriate, even if not the whistleblower’s disclosures to co-work- tection Act in 1989 which strengthened best option. Indeed, this review would ers, or to the wrong-doer, or to a super- and clarified whistleblower rights, as start out with a presumption that pub- visor were not protected by the WPA. well as the bill passed by Congress to lic officers perform their duties cor- In Willis versus the Department of Ag- strengthen the law further in 1994. Un- rectly, fairly, in good faith, and in ac- riculture, the court ruled that a whis- fortunately, however, repeated hold- cordance with the law and governing tleblower’s disclosures to officials in

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.082 S10PT1 S7640 CONGRESSIONAL RECORD — SENATE June 10, 2003 the agency chain of command or those gressional action. In response to the viewing court can order. The bill speci- made in the course of normal job duties court’s inexplicable and inappropriate fies that the MSPB or reviewing court were not protected. In Huffman versus rulings, our bill would suspend for five may issue declaratory and other appro- Office of Personnel Management, the years the Federal Circuit’s exclusive priate relief but may not direct a secu- Federal Circuit reaffirmed Horton and jurisdiction over whistleblower ap- rity clearance to be restored. Appro- Willis. And in Meuwissen versus De- peals. It would instead allow a whistle- priate relief may include back pay, an partment of Interior, the Federal Cir- blower to file a petition to review a order to reassign the employee, attor- cuit held that a whistleblower’s disclo- final order or final decision of the ney fees, or any other relief the Board sures of previously known information MSPB in the Federal Circuit or in any or court is authorized to provide for do not qualify as ‘‘disclosures’’ under other United States appellate court of other prohibited personnel practices. In the WPA. All of these rulings violate competent jurisdiction as defined addition, if the Board finds an action clear Congressional intent to afford under 5 U.S.C. 7703(b)(2). In most cases, on a security clearance to have been il- broad protection to whistleblower dis- using another court would mean going legal, it may bar the agency from di- closures. to the federal circuit where the con- rectly or indirectly taking any other In order to make it clear that any tested personnel action took place. personnel action based on that illegal lawful disclosure that an employee or This five year period would allow Con- security clearance action. Our legisla- job applicant reasonably believes is gress to evaluate whether other appel- tion would also require the agency to evidence of waste, fraud, abuse, or late courts would issue whistleblower review and provide a report to Congress gross mismanagement is covered by decisions which are consistent with the detailing the circumstances of the the WPA, the bill codifies previous Federal Circuit’s interpretation of agency’s security clearance decision, statements of Congressional intent. WPA protections and guide Congres- and authorizes expedited MSPB review Using the 1994 legislative history, it sional efforts to clarify the law if nec- of whistleblower cases where a security amends the whistleblower statute to essary. clearance was revoked or suspended. cover any disclosure of information In addition to addressing jurisdic- The latter is important because a per- without restriction to time, place, tional issues and troublesome Federal son whose clearance has been sus- form, motive or context, or prior dis- Circuit precedents, our bill would also pended or revoked and whose job re- closure made to any person by an em- make important additions to the list of sponsibilities require clearance may be ployee or applicant, including a disclo- protected disclosures. First, it would unable to work while their case is being considered. sure made in the ordinary course of an subject certain disclosures of classified information to whistleblower protec- Our bill would also add two prohib- employee’s duties that the employee or ited personnel practices to the whistle- tions. However, in order for a disclo- applicant reasonably believes is cred- blower law. First, it would codify the sure of classified information to be pro- ible evidence of any violation of any ‘‘anti-gag’’ provision that has been in tected, the employee would have to law, rule, or regulation, or other mis- force since 1988, by virtue of its inclu- possess a reasonable belief that the dis- conduct specified in the whistleblower sion in appropriations bills. Second, it closure was direct and specific evidence law. I want to emphasize here that, would prohibit a manager from initi- of a violation of law, rule or regula- other than the explicitly listed excep- ating an investigation of an employee tions identified in the statute, we in- tion, gross mismanagement, a gross or applicant for employment because tend for there to be no exceptions, in- waste of funds, an abuse of authority, a they engaged in a protected activity, ferred or otherwise, as to what is a pro- substantial and specific danger to pub- including whistleblowing. tected disclosure. And the prohibition lic health or safety, or a false state- Another issue addressed in the bill on inferred exceptions is intended to ment to Congress on an issue of mate- involves certain employees who are ex- apply to all protected speech cat- rial fact. A whistleblower must also cluded from the WPA. Among these are egories in section 2302(b)(8) of the law. limit the disclosure to a member of employees who hold ‘‘confidential pol- The intent here, again, is to make it Congress or staff of the executive or icy-making positions.’’ In 1994, Con- clear that when the WPA speaks of pro- legislative branch holding the appro- gress amended the WPA to keep agen- tecting disclosures by federal employ- priate security clearance and author- cies from designating employees con- ees ‘‘any’’ means ‘‘any.’’ ized to receive the information dis- fidential policymakers after the em- The bill also addresses the clearly er- closed. Federal agencies covered by the ployees filed whistleblower complaints. roneous standard established by the WPA would be required to establish a The WPA also allows the President to Federal Circuit’s LaChance decision I process to provide confidential advice exclude from WPA jurisdiction any mentioned earlier. Rather than needing to employees on how to lawfully make agency whose principal function is the ‘‘irrefragable proof’’ to overcome the a protected disclosure of classified in- conduct of foreign intelligence or coun- presumption that a public officer per- formation to Congress. terintelligence activities. Our legisla- formed his or her duties correctly, fair- Current law permits Federal employ- tion maintains this authority but ly, in good faith, and in accordance ees to file a case at the MSPB when makes it clear that a decision to ex- with the law and regulations, the bill they feel that a manager has taken a clude an agency from WPA protections makes it clear that the whistleblower personnel action against them in retal- must also be made prior to a personnel can rebut this presumption with ‘‘sub- iation for blowing the whistle. The leg- action being taken against a whistle- stantial evidence.’’ This burden of islation would add three new personnel blower from that agency. This provi- proof is a far more reasonable and ap- actions to the list of adverse actions sion is necessary to ensure that agen- propriate standard for whistleblowing that cannot be taken against whistle- cies cannot argue that employees are cases. blowers for engaging in protected ac- exempt from whistleblower protections In the 1994 WPA amendments, Con- tivity. These actions would include en- after an employee files a claim that gress attempted to expand relief for forcement of any nondisclosure policy, they were retaliated against. whistleblowers by replacing ‘‘compen- form or agreement against a whistle- Another key section of the bill would satory’’ damages with all direct or in- blower for making a protected disclo- strengthen the Office of Special Coun- direct ‘‘consequential’’ damages. sure; the suspension, revocation, or sel. OSC is the independent federal Again, despite clear Congressional in- other determination relating to a whis- agency responsible for investigating tent, the Federal Circuit has narrowed tleblower’s security clearance; and an and prosecuting federal employee com- the scope of relief available to whistle- investigation of an employee or appli- plaints of whistleblower retaliation. blowers who have been hurt by adverse cant for employment if taken due to Current law, however, limits OSC’s personnel actions. Our legislation their participation in whistleblowing ability to effectively enforce and de- would clarify the law to provide whis- activity. fend whistleblower laws. For example, tleblowers with relief for ‘‘compen- It is important to note that, if it is the law provides the OSC with no au- satory or consequential damages.’’ demonstrated that a security clearance thority to request the Merit Systems The Federal Circuit’s repeated mis- was suspended or revoked in retalia- Protection Board to reconsider one of interpretations of the whistleblower tion for whistleblowing, the legislation its decisions or to seek appellate re- law are unacceptable and demand Con- limits the relief that the MSPB and review of an MSPB decision. Even when

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.083 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7641 another party petitions for a review of independent litigating authority and the There are several other provisions of the a MSPB decision, OSC is typically de- right to request judicial review of decisions amendments that would strengthen the Act’s nied the right to participate in the proof the Merit Systems Protection Board coverage and remedies. The amendments, for (MSPB) in cases that will have a substantial example, would extend coverage of the WPA ceedings. impact upon the enforcement of the WPA. I to circumstances in which an agency initi- Our bill would provide explicit au- firmly believe that these changes are nec- ated an investigation of an employee or ap- thority for the Office of Special Coun- essary, not only to ensure OSC’s effective- plicant in reprisal for whistleblowing or sel to appear in any civil action ness, but to address continuing concerns where an agency implemented an illegal non- brought in connection with the whis- about the whittling away of the WPA’s pro- disclosure form or policy. The amendments tleblower law. In addition, it would au- tections by narrow judicial interpretations also would authorize an award of compen- thorize OSC to obtain circuit court re- of the law. The changes would ensure that, satory damages in federal employee whistle- view of any MSPB order in a whistle- OSC, the government agency charged with blower cases. Such awards are authorized for protecting whistleblowers, will have a mean- federal employees under the civil rights acts, blowing case if the OSC determines the ingful opportunity to participate in the and for environmental and nuclear whistle- Board erred and the case would have a shaping of the law. blowers, among others, under other federal substantial impact on the enforcement Further, Title VI would strengthen OSC’s statutes. Given the important public policies of the whistleblower statute. In a let- capacity to use its disciplinary action au- underlying the WPA, it seems appropriate ter to me addressing these provisions, thority to deter agency supervisors, man- that the same sort of make whole relief Special Counsel Elaine Kaplan said, ‘‘I agers, and other officials from engaging in should be available to federal employee whis- believe that these changes are nec- retaliation, and to punish those who do so. tleblowers. The amendment does this in two ways. First, Finally, Title VI contains a provision that essary, not only to ensure OSC’s effec- it clarifies the burden of proof in discipli- would provide relief to employees who allege tiveness, but to address continuing nary action cases that OSC brings by em- that their security clearances were denied or concerns about the whittling away of ploying the test first set forth by the Su- revoked because of protected whistleblowers, the WPA’s protections by narrow judi- preme Court in Mt. Healthy School District without interfering with the longstanding cial interpretations of the law.’’ I ask v. Board of Education. Under this test, in authority of the President to make security unanimous consent that the OSC letter order to secure discipline of an agency offi- clearance determinations. The amendment cial accused of engaging in whistleblower re- would allow employees to file OSC com- be printed in the RECORD. taliation, OSC would have to show that pro- There being no objection, the letter plaints alleging they suffered a retaliatory tected whistleblowing was a ‘‘significant, adverse security clearance determination. was ordered to be printed in the motivating factor’’ in the decision to take or OSC would be given the authority to inves- RECORD, as follows: threaten to take a personnel action. If OSC tigate such complaints and the MSPB would U.S. OFFICE OF SPECIAL COUNSEL, made such a showing, the MSPB would order have the authority to issue declaratory and Washington, DC, September 11, 2002. appropriate discipline unless the official appropriate relief other than ordering the Hon. CARL LEVIN, showed, by preponderant evidence, that he or restoration of the clearance. Further, where U.S. Senate, Russell Senate Office Building, she would have taken or threatened to take the Board found retaliation, the employing Washington, DC. the same action even had there been no pro- agency would be required to conduct its own tected activity. DEAR SENATOR LEVIN: Thank you for giv- investigation of the revocation and report ing me the opportunity to comment on the This change is necessary in order to ensure that the burden of proof in these cases is not back to Congress. proposed Title VI of H.R. 5005, concerning The amendment provides a balanced reso- so onerous as to make it virtually impossible the protection of federal employee whistle- lution of the tension between protecting na- to secure discipline against retaliators. blowers. tional security whistleblowers against retal- Under current law, OSC bears the unprece- As the head of the U.S. Office of Special dented burden of demonstrating that pro- iation and maintaining the President’s tradi- Counsel (OSC), the independent federal agen- tected activity was the but-for cause of an tional prerogative to decide who will have cy that is responsible for investigating and adverse personnel action against a whistle- access to classified information. Especially prosecuting federal employees’ complaints of blower. The amendment would correct the in light of the current heightened concerns whistleblower retaliation, I share your rec- imbalance by imposing the well-established about issues of national security, this ognition that it is crucial to ensure that the Mt. Healthy test in these cases. change in the law is clearly warranted. laws protecting whistleblowers are strong In addition, the bill would relieve OSC of Thank you again for providing me with an and effective. Federal employees are often in attorney fee liability in disciplinary action opportunity to comment on these amend- the best position to observe and identify offi- cases in which it ultimately does not prevail. ments, and for your continuing interest in cial misconduct or malfeasance as well as The amendment would shift liability for fees the work of the Office of Special Counsel. dangers to the public health and safety, and to the manager’s employing agency, where Sincerely, the national security. an award of fees would be in the interest of ELAINE KAPLAN. Now, perhaps more than ever before, our justice. The employing agency would indem- Mr. LEVIN. OSC currently has the national interest demands that federal work- nify the manager for these costs which would authority to pursue disciplinary action ers feel safe to come forward to bring appro- have been incurred by him in the course of priate attention to these conditions so that against managers who retaliate against performing his official duties. whistleblowers. However, Federal Cir- they may be corrected. Further, and again Under current law, if OSC ultimately does more than ever, the public now needs assur- not prevail in a case it brings against a man- cuit decisions, like LaChance, have un- ance that the workforce which is carrying ager whom our investigation shows has en- dermined the agency’s ability to suc- out crucial operations is alert, and that its gaged in retailiation, then we must pay at- cessfully pursue such cases. The Spe- leaders welcome and encourage their con- torney fees, even if our prosecution decision cial Counsel has said that ‘‘change is structive participation in making the gov- was an entirely reasonable one. For a small necessary in order to ensure that the ernment a highly efficient and effective agency like OSC, with a limited budget, the burden of proof in these cases is not so steward of the public interest. specter of having to pay large attorney fee onerous as to make it virtually impos- To these ends, Title VI contains a number awards simply because we do not ultimately of provisions that will strengthen the Whis- prevail in a case, is a significant obstacle to sible to secure disciplinary action tleblower Protection Act (WPA) and close our ability to use this important authority against retaliators.’’ In addition to it loopholes in the Act’s coverage. The amend- to hold managers accountable. It is, more- being difficult to win, if the OSC loses ment would reverse the effects of several ju- over, an unprecedented burden; virtually all a disciplinary case, it has to pay the dicial decisions that have imposed unduly fee shifting provisions which could result in legal fees of those against whom OSC narrow and restrictive tests for determining an award of fees against a government agen- initiates disciplinary action. In its let- whether employees qualify for the protection cy, depend upon a showing that the govern- ter, OSC said that ‘‘the specter of hav- of the WPA. These decisions, among other ment agency has acted unreasonably or in things, have held that employees are not bad faith. ing to pay large attorney fee awards protected against retaliation when they In addition to these provisions, the bill . . . is a significant obstacle to our make their disclosures in the line of duty or would also provide that for a period of five ability to use this important authority when they confront subject officials with years, beginning on February 1, 2003, there to hold managers accountable.’’ Our their suspicions of wrongdoing. They have would be multi-circuit review of decisions of bill addresses these problems by estab- also made it more difficult for whistle- the MSPB, just as there is now multi-circuit lishing a reasonable burden of proof for blowers to secure the Act’s protection by review of decisions of the MSPB’s sister disciplinary actions and requiring the agency, the Federal Labor Relations Author- interposing what the Court of Appeal for the employing agency, not the OSC, to re- Federal Circuit has called an ‘‘irrefragable’’ ity. This experiment will give Congress the presumption that government officials per- opportunity to judge whether providing imburse the prevailing party for attor- form their duties lawfully and in good faith. broader perspectives of all of the nation’s ney fees in a disciplinary proceeding. In addition to reversing these rulings, courts of appeals will enhance the develop- Finally, the bill addresses a new Title VI would grant the Special Counsel ment of the law under the WPA. issue that has arisen in connection

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.084 S10PT1 S7642 CONGRESSIONAL RECORD — SENATE June 10, 2003 with the recent enactment of the one of the most difficult of my career. I did their duties in accordance with law. Section Homeland Security Act or HSA. To not come to it quickly or lightly. I first at- (d) would replace this unreasonable standard evaluate the vulnerability to terrorist tempted to warn my superiors through reg- of proof by providing that a whistleblower attack of certain critical infrastruc- ular channels. Only after those warnings can rebut the presumption with ‘‘substantial failed to bring about the necessary response evidence.’’ ture such as chemical plants, computer and congressional inquiry was initiated, did Prohibited Personnel Actions. Section networks and other key facilities, the it go outside the agency with my concerns. I (e)(1) would add three actions to the list of HSA asks private companies that own had no intention or desire to be in the public prohibited personnel actions that may not be these facilities to submit unclassified spotlight, so I did not go to the news media. taken against whistleblowers for protected information about them to the govern- I provided the information to Members of disclosures: enforcement of a nondisclosure ment. In doing so, the law also created Congress with oversight responsibility. I felt policy, form or agreement; suspension, rev- some ambiguity on the question of compelled to do so because my responsibility ocation, or other determination relating to whether federal employee whistle- is to the American people, not to a govern- an employee’s security clearance; and investigation of an employee or applicant for em- blowers would be protected by the WPA ment agency. Unfortunately, the cloak of secrecy which ployment due to protected whistleblowing if they should disclose information is necessary for the effective operation of activities. that has been independently obtained government agencies involved in national se- Nondisclosure Actions Against Whistle- by the whistleblower about such facili- curity and criminal investigations fosters an blowers. Section (e)(2) would bar agencies ties but which may also have been dis- environment where the incentives to avoid from implementing or enforcing against closed to the government as under the embarrassment and the disincentives to step whistleblowers any nondisclosure policy, critical infrastructure information pro- forward combine. When that happens, the form or agreement that fails to contain spec- gram. public loses. We need laws that strike a bet- ified language preserving the right of gov- While I believe it was Congress’ inter balance, that are able to protect effective ernment employees to disclose certain pro- government operation without sacrificing tected information. It would also prohibit a tent to extend whistleblower protec- manager from initiating an investigation of tions to federal employees who disclose accountability to the public. I was lucky enough to garner a good deal of support from an employee or applicant for employment such independently obtained informa- my colleagues in the Minneapolis office and because they engaged in protected activity. tion, the law’s ambiguities are trouble- Members of Congress. But for every one like Retaliations Involving Security Clear- some in the context of the tendency of me, there are many more who do not benefit ances. Section (e)(3) would make it a prohib- the Federal Circuit to narrowly con- from the relative safety of public notoriety. ited personnel practice for a manager to sus- strue the scope of protections afforded They need credible, functioning rights and pend, revoke or take other action with re- by the WPA. Our bill would thus clar- remedies to retain the freedom to warn. spect to an employee’s security clearance in I also need to state that I write this letter retaliation for whistleblowing. This section ify that whistleblower protections do would also authorize the Merit Systems Pro- extend to federal employees who dis- in my personal capacity, and that it reflects my personal views only, not those of the gov- tection Board (MSPB) to conduct an expe- close independently obtained informa- ernment agency for which I work. dited review of such matters and issue de- tion that may also have been disclosed Thank you for your consideration. claratory and other appropriate relief, but to the government as part of the crit- COLEEN ROWLEY. would not empower MSPB to restore a security clearance. If MSPB or a reviewing court ical infrastructure information pro- Mr. LEVIN. I ask unanimous consent gram. were to find that a security clearance deci- to print in the RECORD a section-by- We need to encourage federal em- sion was retaliatory, the agency involved section explanation of the bill. ployees to blow the whistle on waste, would be required to review its security There being no objection, the anal- clearance decision and issue a report to Con- fraud and abuse in federal government ysis was ordered to be printed in the gress explaining it. agencies and programs. These people RECORD, as follows: Exclusions from WPA. Current law allows take great risks and often face enor- the President to exclude certain employees SECTION-BY-SECTION ANALYSIS OF THE FEDERAL mous obstacles in doing what they be- and agencies from the WPA if they perform EMPLOYEE PROTECTION OF DISCLOSURES ACT lieve is right. The Congress and the certain intelligence related or policy making country owe a particular debt of grati- The Federal Employee Protection of Dis- functions. In 1994, Congress amended the closures Act would strengthen protections WPA to stop agencies from removing em- tude to those whistleblowers who put for federal employees who blow the whistle their careers on the line to protect na- ployees from WPA coverage after the em- on waste, fraud and abuse in the federal gov- ployees filed whistleblower complaints. Sec- tional security. Since September 11, ernment. tion (f) would also require that removal of an 2001, we have seen a number of exam- Protected Whistleblower Disclosures. To agency from the WPA be made prior to a per- ples of how crucial people like Coleen correct court decisions improperly limiting sonnel action being taken against a whistle- Rowley, Mark Hall and Bob Lindemann the disclosures protected by the Whistle- blower at that agency. are to keeping our country safe. I re- blower Protection Act (WPA), section (b) of Attorney Fees. The Office of Special Coun- quest unanimous consent to print a let- the bill would clarify Congressional intent sel (OSC) has authority to pursue discipli- that the law covers ‘any’ whistleblowing dis- ter from Agent Rowley in the RECORD. nary action against managers who retaliate closure, whether that disclosure is made as In the letter she says that when she against whistleblowers. Currently, if OSC part of an employee’s job duties, concerns loses a disciplinary case, it must pay the blew the whistle, she was lucky enough policy or individual misconduct, is oral or legal fees of those against whom it initiated to garner the support of many of her written, or is made to any audience inside or the action. Because the amounts involved colleagues and members of Congress. outside an agency, and without restriction could significantly deplete OSC’s limited re- However, her letter warns that for to time, place, motive or context. This sec- sources, section (g) would require the em- every Coleen Rowley, ‘‘there are many tion would also protect certain disclosures of ploying agency, rather than OSC, to reim- more who do not benefit from the rel- classified information to Congress when the burse the manager’s attorney fees. ative safety of public notoriety.’’ It is disclosure is to a Member or legislative staff Compensatory Damages. In the 1994 WPA to protect those responsible, coura- holding an appropriate security clearance amendments, Congress attempted to expand and authorized to receive the type of infor- relief for whistleblowers by replacing ‘‘com- geous many that we offer this legisla- mation disclosed. pensatory’’ damages with direct and indirect tion. We need more like them. Informal Disclosures. Section (c) would ‘‘consequential’’ damages. Despite Congres- There being no objection, the letter clarify the definition of ‘‘disclosure’’ to in- sional intent, the Federal Circuit narrowed was ordered to be printed in the clude a formal or informal communication the scope of relief available to whistle- RECORD, as follows: or transmission. blowers. To correct the court’s misinter- SEPTEMBER 2, 2002. Irrefragable Proof. In LaChance v. White, pretation of the law, section (h) would pro- DEAR SENATORS: I have proudly served in the U.S. Court of Appeals for the Federal vide whistleblowers with relief for compen- federal law enforcement for over 21 years. Circuit imposed an erroneous standard for satory or consequential damages. Prior to my personal involvement in a spe- determining when an employee makes a pro- Burden of Proof in Disciplinary Actions. cific matter, I did not fully appreciate the tected disclosure under the WPA. Under the Currently, when OSC pursues disciplinary strong disincentives that sometimes keep clear language of the statute, an employee action against managers who retaliate government employees from exposing waste, need only have a reasonable belief that he or against whistleblowers, OSC must dem- fraud, abuse, or other failures they witness she is providing evidence of fraud, waste or onstrate that an adverse personnel action on the job. Nor did I appreciate the strong abuse to make a protected disclosure. But would not have occurred ‘‘but for’’ the whis- incentives that do exist for agencies to avoid the court ruled that an employee had to have tleblower’s protected activity. Section (i) institutional embarrassment. ‘‘irrefragable proof’’ meaning undeniable and would establish a more reasonable burden of The decision to step forward with informa- incontestable proof to overcome the pre- proof by requiring OSC to demonstrate that tion that exposed my agency to scrutiny was sumption that a public officer is performing the whistleblower’s protected disclosure was

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.085 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7643 a ‘‘motivating factor’’ in the decision by the chestrated acts of genocide by approving the Whereas Bob Hope’s life long commitment manager to take the adverse action, even if Convention on the Prevention and Punish- to public service has made him one of the other factors also motivated the decision. ment of the Crime of Genocide, done at Paris most loved, honored, and esteemed per- This burden would be similar to the ap- on December 9, 1948; formers in history, and has brought him the proach taken in the 1991 Civil Rights Act. Whereas the Convention on the Prevention admiration and gratitude of millions and the Disclosures to Congress. Section (j) would and Punishment of the Crime of Genocide friendship of every President of the United require agencies to establish a process to confirms that genocide is a crime under States since Franklin D. Roosevelt; provide confidential advice to employees on international law, defines genocide as cer- Whereas Bob Hope, in a generous commit- how to lawfully make a protected disclosure tain acts committed with intent to destroy a ment to public service, has donated his per- of classified information to Congress. national, ethnical, racial, or religious group, sonal papers, radio and television programs, Authority of Special Counsel. Under cur- and provides that parties to the Convention scripts, his treasured Joke File and the live rent law, OSC has no authority to request undertake to enact domestic legislation pro- appearances he made around the world in MSPB to reconsider a decision or seek appel- viding effective penalties for persons who are support of American Armed Forces to the Li- late review of a MSPB decision. This limita- guilty of genocide; brary of Congress (the ‘‘Library’’) and the tion undermines OSC’s ability to protect Whereas the United States, under Presi- American people; Whereas Bob and Dolores Hope and their whistleblowers and integrity of the WPA. dent Harry Truman, was the first nation to family have established and endowed in the Section (k) would authorize OSC to appear in sign the Convention on the Prevention and Library a Bob Hope Gallery of American En- any civil action brought in connection with Punishment of the Crime of Genocide; tertainment—a permanent display of rotat- the WPA and request appellate review of any Whereas the United States Senate approved the resolution of advice and consent ing items from the Hope Collection—and has MSPB order where OSC determines MSPB donated a generous gift of $3,500,000 for the erred and the case would have a substantial to the Convention on the Prevention and Punishment of the Crime of Genocide on preservation of the collection; and impact on WPA enforcement. Whereas all Americans have greatly bene- February 19, 1986; Judicial Review. In 1982, Congress replaced fitted from Bob Hope’s generosity, charitable Whereas the Genocide Convention Imple- normal Administrative Procedures Act ap- work, and extraordinary creativity: Now mentation Act of 1987 (the Proxmire Act) pellate review of MSPB decisions with exclu- therefore, be it sive jurisdiction in the U.S. Court of Appeals (Public Law 100–606), signed into law by Resolved, That the Senate— for the Federal Circuit. While the 1989 WPA President Ronald Reagan on November 4, (1) commends Bob Hope for his dedication and its 1994 amendments strengthened and 1988, enacted chapter 50A of title 18, United and commitment to the United States of clarified whistleblower protections, Federal States Code, to criminalize genocide; America; Circuit holdings have repeatedly misinter- Whereas the enactment of the Genocide (2) expresses its sincere gratitude and ap- preted key provisions of the law. Subject to Convention Implementation Act marked a preciation for his example of philanthropy a five year sunset, section (l) would suspend principled stand by the United States and public service to the American people; the Federal Circuit’s exclusive jurisdiction against the crime of genocide and an impor- and over whistleblower appeals and allow peti- tant step toward ensuring that the lessons of (3) directs the Secretary of the Senate to tions for review to be filed either in the Fed- the Holocaust, the Armenian Genocide, and transmit a copy of this resolution to Bob eral Circuit or any other federal circuit genocides in Cambodia, Rwanda and else- Hope. court of competent jurisdiction. where will be used to help prevent future Nondisclosure Restrictions on Whistle- genocides; SENATE CONCURRENT RESOLU- blowers. Section (m) would require all fed- Whereas a clear consensus exists within TION 52—EXPRESSING THE the international community against geno- eral nondisclosure policies, forms and agree- SENSE OF CONGRESS THAT THE ments to contain specified language pre- cide, as evidenced by the fact that 133 nations are party to the Convention on the Pre- UNITED STATES GOVERNMENT serving the right of government employees SHOULD SUPPORT THE HUMAN to disclose certain protected information. vention and Punishment of the Crime of Genocide; This section would codify the so-called anti- RIGHTS AND DIGNITY OF ALL Whereas, despite this consensus, many gag provision that has been included in fed- PERSONS WITH DISABILITIES BY thousands of innocent people continue to fall eral appropriations bills since 1988. PLEDGING SUPPORT FOR THE victim to genocide, and the denials of past Critical Infrastructure Information. Sec- DRAFTING AND WORKING TO- instances of genocide continue; and tion (n) would clarify that section 214(c) of Whereas November 4, 2003 is the 15th anni- WARD THE ADOPTION OF A THE- the Homeland Security Act (HSA) maintains versary of the enactment of the Genocide MATIC CONVENTION ON THE existing WPA rights for independently ob- Convention Implementation Act of 1987 (the HUMAN RIGHTS AND DIGNITY OF tained information that may also qualify as Proxmire Act): Now, therefore, be it PERSONS WITH DISABILITIES BY critical infrastructure information under the Resolved, That the Senate— HSA. THE UNITED NATIONS GENERAL (1) reaffirms its support for the Convention ASSEMBLY TO AUGMENT THE f on the Prevention and Punishment of the EXISTING UNITED NATIONS SUBMITTED RESOLUTIONS Crime of Genocide; (2) anticipates the commemoration of the HUMAN RIGHTS SYSTEM, AND 15th anniversary of the enactment of the FOR OTHER PURPOSES Genocide Convention Implementation Act of Mr. HARKIN (for himself, Mr. SENATE RESOLUTION 164—RE- 1987 (the Proxmire Act) on November 4, 2003; AFFIRMING SUPPORT OF THE CHAFEE, and Mr. KENNEDY) submitted and the following concurrent resolution; CONVENTION ON THE PREVEN- (3) encourages the people and the Govern- TION AND PUNISHMENT OF THE ment of the United States to rededicate which was referred to the Committee CRIME OF GENOCIDE AND AN- themselves to the cause of ending the crime on Foreign Relations: TICIPATING THE COMMEMORA- of genocide. S. CON. RES. 52 TION OF THE 15TH ANNIVER- Whereas all people are endowed with an in- SARY OF THE ENACTMENT OF SENATE RESOLUTION 165—COM- estimable dignity, which is based on auton- omy and self-determination, and which re- THE GENOCIDE CONVENTION IM- MENDING BOB HOPE FOR HIS DEDICATION AND COMMITMENT quires that every person be placed at the PLEMENTATION OF 1987 (THE center of all decisions affecting such person, PROXMIRE ACT) ON NOVEMBER TO THE NATION and the inherent equality of all people and 4, 2003 Mr. FRIST submitted the following the ethical requirement of every society to Mr. ENSIGN (for himself, Mr. resolution; which was considered and honor and sustain the freedom of any individual with appropriate communal support; CORZINE, Mr. EDWARDS, Mr. BAYH, Mr. agreed to: S. RES. 165 Whereas more than 600,000,000 people have SARBANES, Mr. CONRAD, Mr. REED, Ms. a disability; LANDRIEU, Mr. JEFFORDS, Mr. KOHL, Whereas Bob Hope is unique in the history of American entertainment and a legend in Whereas more than two-thirds of all per- Mr. LIEBERMAN, Mr. KENNEDY, Mr. vaudeville, radio, film, and television; sons with disabilities live in developing ALLEN, Mr. BIDEN, Mr. SANTORUM, Mrs. Whereas Bob Hope is a dedicated patriot countries, and only 2 percent of children DOLE, Mrs. BOXER, and Mr. DURBIN) whose unselfish and incomparable service to with disabilities in the developing world re- submitted the following resolution; his adopted country inspired him, for more ceive any education or rehabilitation; which was referred to the Committee than six decades, from World War II to the Whereas during the last 2 decades, a sub- on the Judiciary: Persian Gulf War, to travel around the world stantial shift has occurred globally in gov- to entertain and support American service ernmental and nongovernmental institutions S. RES. 164 men and women; from an approach of charity toward persons Whereas, in 1948, in the shadow of the Holo- Whereas Bob Hope has personally raised with disabilities to the recognition of the in- caust, the international community re- over $1,000,000,000 for United States war re- herent universal human rights of persons sponded to Nazi Germany’s methodically or- lief and over seventy United States charities; with disabilities;

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.086 S10PT1 S7644 CONGRESSIONAL RECORD — SENATE June 10, 2003 Whereas the United Nations has authori- hearings, I heard over and over again America’s leadership in this process tatively endorsed and helped to advance stories of people with disabilities suf- will help create a treaty that is both progress toward realizing the human rights fering from discrimination—not get- well intentioned and relevant, one that of persons with disabilities, as exemplified ting a job because of a disability; being by the United Nations Standard Rules on the may fulfill its potential and vastly im- Equalization of Opportunities for Persons locked up in a nursing home or institu- prove the perceptions, treatment and with Disabilities (adopted by the United Na- tion because of a disability; not being conditions of people with disabilities tions General Assembly in Resolution 48/96 of able to get into schools, restaurants, throughout the world. The United December 20, 1993), which are monitored by a stores, banks and other places of busi- States must continue to lead the way United Nations Special Rapporteur; ness because of a disability. This kind in this important international effort. Whereas because of the slow and uneven of discrimination is wrong. It is wrong f progress of ensuring that persons with dis- in the United States and it is wrong abilities enjoy their universal human rights throughout the world. AMENDMENTS SUBMITTED & in law and in practice, every society and the In 1990, then President Bush signed international community remain challenged PROPOSED to identify and implement the processes the ADA into law. He said, ‘‘This his- SA 871. Ms. LANDRIEU (for herself, Mr. which best protect the dignity of persons toric Act is the world’s first com- SPECTER, Mr. BINGAMAN, Ms. COLLINS, Mr. with disabilities and which fully implement prehensive declaration of equality for ALEXANDER, and Mr. BUNNING) proposed an their inherent human rights; people with disabilities. Its passage has amendment to the bill S. 14, to enhance the Whereas greater and more rapid progress made the United States the inter- energy security of the United States, and for must be achieved toward overcoming the rel- national leader on this human rights other purposes. ative invisibility of persons with disabilities issue.’’ The United States did lead the SA 872. Mr. JEFFORDS submitted an in many societies, national laws, and exist- way in 1990, and it has another historic amendment intended to be proposed by him ing international human rights instruments; to the bill S. 14, supra; which was ordered to and opportunity to lead the way today. lie on the table. Whereas, accordingly, the United Nations The issue of disability rights is very SA 873. Mr. JEFFORDS submitted an General Assembly in November 2001, adopted personal to me. As many of my col- amendment intended to be proposed by him an historic resolution to establish an ad hoc leagues know, my brother Frank was to the bill S. 14, supra; which was ordered to committee open to all United Nations mem- deaf. Because of his disability, he was lie on the table. ber nations to consider proposals for a com- sent to a school for the ‘‘deaf and SA 874. Mr. JEFFORDS submitted an prehensive and integral treaty to protect and dumb’’ across the State. Frank said to amendment intended to be proposed by him promote the rights and dignity of persons me, ‘‘I may be deaf but I am not to the bill S. 14, supra; which was ordered to with disabilities: Now, therefore, be it dumb.’’ I think of how many children, lie on the table. Resolved by the Senate (the House of Rep- SA 875. Mr. WYDEN (for himself, Mr. like Frank, in the world are suffering resentatives concurring), That it is the sense SUNUNU, Mr. BINGAMAN, Mr. ENSIGN, Mr. of Congress that— the effects of this sort of discrimina- REID, Mr. FEINGOLD, Mr. JEFFORDS, and Ms. (1) the United States should play a leading tion. How many children are not going SNOWE) proposed an amendment to the bill S. role in the drafting of a thematic United Na- to school because they are deaf, or use 14, supra. tions convention that affirms the human a wheelchair, or are blind? How many SA 876. Mrs. FEINSTEIN (for herself, Mr. rights and dignity of persons with disabil- adults with these same disabilities are FITZGERALD, Mr. HARKIN, Mr. LUGAR, Ms. ities, and that— not working, not earning a living, not CANTWELL, Mr. WYDEN, Mrs. BOXER, and Mr. (A) is consistent with the spirit of the LEAHY) proposed an amendment to the bill S. American with Disabilities Act of 1990, the participating in civil society? In recent months, we have all wit- 14, supra. United States Constitution, and other rights SA 877. Mr. REID proposed an amendment nessed the situation people with dis- enjoyed by United States citizens with dis- to amendment SA 876 proposed by Mrs. FEIN- abilities; abilities face in Iraq and in Afghani- STEIN (for herself, Mr. FITZGERALD, Mr. HAR- (B) promotes inclusion, independence, po- stan. We have seen footage of the re- KIN, Mr. LUGAR, Ms. CANTWELL, Mr. WYDEN, litical enfranchisement, and economic self- sults of the tyranny of Saddam Hus- Mrs. BOXER, and Mr. LEAHY) to the bill S. 14, sufficiency of persons with disabilities as sein. We have seen many individuals supra. foundational requirements for any free and who have life-long disabilities as a re- just society; and f sult of his cruelty. Many more are vic- (C) provides protections that are at least TEXT OF AMENDMENTS as strong as the rights that are now recog- tims of terrorism and cruelty who now nized under international human rights law suffer the added injury of discrimina- SA 871. Ms. LANDRIEU (for herself, for other vulnerable populations; and tion. Mr. SPECTER, Mr. BINGAMAN, Ms. COL- (2) the President should instruct the Sec- America has an historic opportunity LINS, Mr. ALEXANDER, and Mr. retary of State to send to the United Nations to help change the lives of these chil- BUNNING) proposed an amendment to Ad Hoc Committee meetings a United States dren and adults from around the world the bill S. 14, to enhance the energy se- delegation that includes individuals with and open the doors of opportunity to curity of the United States, and for disabilities who are recognized leaders in the them. It is time for the world commu- United States disability rights movement. other purposes; as follows: nity to come together and write an im- On page 238, between lines 2 and 3, insert Mr. HARKIN. Mr. President, I rise to portant new chapter and break down submit a concurrent resolution on be- the following: the barriers that prevent people with half of myself, Senator CHAFEE and Subtitle E—Measures to Conserve Petroleum disabilities from participating in their Senator KENNEDY. This resolution SEC. ll. REDUCTION OF DEPENDENCE ON IM- communities and play an active role in deals with an issue that I have been PORTED PETROLEUM. civil society. It is time to say to all of working on for many years in a bipar- (a) REPORT.— tisan manner. It simply calls on the the world that disability rights are (1) IN GENERAL.—Not later than February 1, United States to take a leading role in human rights, not just in the United 2004, and annually thereafter, the President shall submit to Congress a report, based on the drafting of an international con- States, but everywhere in the world. I strongly urge the Bush Administration the most recent edition of the Annual En- vention on the human rights of individ- ergy Outlook published by the Energy Infor- uals with disabilities. Such a treaty to take a lead and work with other member Nations in the drafting of this mation Administration, assessing the could improve the lives of over 600 mil- progress made by the United States toward lion individuals with disabilities resolution. Under the auspices of the the goal of reducing dependence on imported throughout the world. United Nations, member states are petroleum sources by 2013. For the past twenty years, the scheduled to meet next week in New (2) CONTENTS.—The report under subsection United States has put politics aside York to consider proposals for a com- (a) shall— and has taken a lead role in the world prehensive treaty to protect and pro- (A) include a description of the implemen- toward the understanding that dis- mote the rights and dignity of persons tation, during the previous fiscal year, of ability rights are human rights. I with disabilities. I cannot think of a provisions under this Act relating to domes- more worthwhile role the Administra- tic crude petroleum production; chaired the Senate’s Subcommittee on (B) assess the effectiveness of those provi- the Handicapped at the time that the tion could play than to be a leader on sions in meeting the goal described in para- Americans With Disabilities Act was this issue and to fully support a con- graph (1); and being considered by Congress and was a vention on the rights of individuals (C) describe the progress in developing and leading author of the ADA. During with disabilities. implementing measures under subsection (b).

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(b) MEASURES TO REDUCE IMPORT DEPEND- U.S.C. 7401 et seq.); the Federal Water Pollu- ‘‘(c) TAKING OF EVIDENCE.— ENCE THROUGH INCREASED DOMESTIC PETRO- tion Control Act (33 U.S.C. 1251 et seq.); the ‘‘(1) IN GENERAL.—For the purpose of’’; LEUM CONSERVATION.— Solid Waste Disposal Act (42 U.S.C. 6901 et (2) by striking ‘‘Such attendance’’ and in- (1) IN GENERAL.—Not later than 1 year after seq.); the Endangered Species Act (16 U.S.C. serting the following: the date of enactment of this Act, the Presi- 1531 et seq.); or any other Federal law for the ‘‘(2) NO GEOGRAPHIC LIMITATION.—The at- dent shall develop and implement measures protection of the environment or environ- tendance’’; to conserve petroleum in end-uses through- mental quality. (3) by striking ‘‘Witnesses summoned’’ and out the economy of the United States suffi- ‘‘(2) Nothing in this section affects the ap- inserting the following: cient to reduce total demand for petroleum plication of — ‘‘(3) EXPENSES.—Any witness summoned’’; in the United States by 1,000,000 barrels per ‘‘(A) the Surface Mining Control and Rec- and day from the amount projected for calendar lamation Act of 1977 (30 U.S.C. 1201 et seq.); (4) by adding at the end the following: year 2013 in the reference case contained in ‘‘(B) the Atomic Energy Act of 1954 (42 ‘‘(4) AUTHORITIES.—The exercise of the au- the report of the Energy Information Admin- U.S.C. 2011) or any Federal law respecting thorities of the Commission under this sub- istration entitled ‘‘Annual Energy Outlook nuclear or radioactive waste or mining of ra- section shall not be subject to the consent of 2003’’. dioactive materials; or the Office of Management and Budget.’’. (2) CONTENTS.—The measures under para- ‘‘(C) except as otherwise provided in this (b) INVESTIGATIONS UNDER THE FEDERAL graph (1) shall be designed to ensure contin- title, the Indian Mineral Development Act of POWER ACT.—Section 307(b) of the Federal ued reliable and affordable energy for con- 1982 (25 U.S.C. 2101 et seq.).’’ Power Act (16 U.S.C. 825f(b)) is amended— sumers. (1) by striking ‘‘(b) For the purpose of’’ and (3) IMPLEMENTATION.—The measures under SA 875. Mr. WYDEN (for himself, Mr. inserting the following: paragraph (1) shall be implemented under ex- SUNUNU, Mr. BINGAMAN, Mr. ENSIGN, ‘‘(b) TAKING OF EVIDENCE.— isting authorities of appropriate Federal ex- Mr. REID, Mr. FEINGOLD, Mr. JEFFORDS, ‘‘(1) IN GENERAL.—For the purpose of’’; ecutive agencies identified by the President. and Ms. SNOWE) proposed an amend- (2) by striking ‘‘Such attendance’’ and in- ment to the bill S. 14, to enhance the serting the following: SA 872. Mr. JEFFORDS submitted an ‘‘(2) NO GEOGRAPHIC LIMITATION.—The at- amendment intended to be proposed by energy security of the United States, tendance’’; him to the bill S. 14, to enhance the en- and for other purposes; as follows: (3) by striking ‘‘Witnesses summoned’’ and ergy security of the United States, and Strike subtitle B of title IV. inserting the following: for other purposes; which was ordered ‘‘(3) EXPENSES.—Any witness summoned’’; SA 876. Mrs. FEINSTEIN (for herself, and to lie on the table; as follows: Mr. FITZGERALD, Mr. HARKIN, Mr. (4) by adding at the end the following: On page 165 after line 14 insert: LUGAR, Ms. CANTWELL, Mr. WYDEN, ‘‘(4) AUTHORITIES.—The exercise of the au- (d) LICENSE TERMS.—Section 6 and section thorities of the Commission under this sub- 101(i) of the Federal Power Act (16 U.S.C. 799 Mrs. BOXER, and Mr. LEAHY) proposed an amendment to the bill S. 14, to en- section shall not be subject to the consent of and 803(i) are each amended by striking the Office of Management and Budget.’’. hance the energy security of the ‘‘fifty’’ and inserting ‘‘thirty’’ and section SEC. ll03. CONSULTING SERVICES. 15(e) of such Act is amended by striking ‘‘not United States, and for other purposes; Title IV of the Department of Energy Or- less than 30 years, nor more than 50’’ and in- as follows: ganization Act (42 U.S.C. 7171 et seq.) is serting ‘‘not more than 15.’’ At the end, add the following: amended by adding at the end the following: SA 873. Mr. JEFFORDS submitted an TITLE ll—ENERGY MARKET OVERSIGHT ‘‘SEC. 408. CONSULTING SERVICES. ‘‘(a) IN GENERAL.—The Chairman may con- amendment intended to be proposed by SEC. ll01. JURISDICTION OF THE FEDERAL EN- ERGY REGULATORY COMMISSION tract for the services of consultants to assist him to the bill S. 14, to enhance the en- OVER ENERGY TRADING MARKETS. the Commission in carrying out any respon- ergy security of the United States, and Section 402 of the Department of Energy sibilities of the Commission under this Act, for other purposes; which was ordered Organization Act (42 U.S.C. 7172) is amended the Federal Power Act (16 U.S.C. 791a et to lie on the table; as follows: by adding at the end the following: seq.), or the Natural Gas Act (15 U.S.C. 717 et On page 165 after line 14 insert: ‘‘(i) JURISDICTION.— seq.). (d) ANNUAL LICENSES.—Section 15(a)(1) of ‘‘(1) REFERRAL.— ‘‘(b) APPLICABLE LAW.—In contracting for the Federal Power Act (16 U.S.C. 808(a)(1) is ‘‘(A) IN GENERAL.—To the extent that the consultant services under subsection (a), if amended by adding the following at the end Commission determines that any contract the Chairman determines that the contract thereof: ‘‘Annual licenses shall contain such that comes before the Commission is not is in the public interest, the Chairman, in terms and conditions appropriate for the du- under the jurisdiction of the Commission, entering into a contract, shall not be subject ration of the annual license which are identi- the Commission shall refer the contract to to— fied by the Secretary of the Interior and the the appropriate Federal agency. ‘‘(1) section 5, 253, 253a, or 253b of title 41, Secretary of Agriculture as necessary for the ‘‘(B) NO EFFECT ON AUTHORITY.—The au- United States Code; or protection and utilization of the reservation thority of the Commission or any Federal ‘‘(2) any law (including a regulation) relat- within which the project is located; by the agency shall not be limited or otherwise af- ing to conflicts of interest.’’. Secretary of the Interior and the Secretary fected based on whether the Commission has SEC. ll04. LEGAL CERTAINTY FOR TRANS- of Commerce for the protection and enhance- or has not referred a contract described in ACTIONS IN EXEMPT COMMODITIES. ment of fish and wildlife, including related subparagraph (A). Section 2 of the Commodity Exchange Act spawning grounds and habitat; and by the ‘‘(2) MEETINGS.—A designee of the Commis- (7 U.S.C. 2) is amended by striking sub- Governor of the State in which the project is sion shall meet quarterly with a designee of sections (g) and (h) and inserting the fol- located for compliance with water quality the Commodity Futures Trading Commis- lowing: standards and other legal requirements for sion, the Securities Exchange Commission, ‘‘(g) OFF-EXCHANGE TRANSACTIONS IN EX- beneficial uses of affected waters. The terms the Federal Trade Commission, the Depart- EMPT COMMODITIES.— of any new license for a project shall be re- ment of Justice, the Department of the ‘‘(1) DEFINITIONS.—In this subsection: duced by one year for each annual license Treasury, and the Federal Reserve Board to ‘‘(A) COVERED ENTITY.—The term ‘covered issued for such project.’’ discuss— entity’ means— ‘‘(A) conditions and events in energy trad- ‘‘(i) an electronic trading facility; and SA 874. Mr. JEFFORDS submitted an ing markets; and ‘‘(ii) a dealer market. amendment intended to be proposed by ‘‘(B) any changes in Federal law (including ‘‘(B) DEALER MARKET.— him to the bill S. 14, to enhance the en- regulations) that may be appropriate to reg- ‘‘(i) IN GENERAL.—The term ‘dealer market’ has the meaning given the term by the Com- ergy security of the United States, and ulate energy trading markets. ‘‘(3) LIAISON.—The Commission shall, in co- mission. for other purposes; which was ordered operation with the Commodity Futures ‘‘(ii) INCLUSIONS.—The term ‘dealer mar- to lie on the table; as follows: Trading Commission, maintain a liaison be- ket’ includes each bilateral or multilateral On page 17, strike line 11 and all that fol- tween the Commission and the Commodity agreement, contract, or transaction deter- lows through line 17 and insert: Futures Trading Commission.’’. mined by the Commission, regardless of the ‘‘(f) EFFECT ON EXISTING LAW.— SEC. ll02. INVESTIGATIONS BY THE FEDERAL means of execution of the agreement, con- ‘‘(1) Nothing in this section shall relieve ENERGY REGULATORY COMMISSION tract, or transaction. the Secretary of any obligation to conduct UNDER THE NATURAL GAS ACT AND ‘‘(2) EXEMPTION FOR TRANSACTIONS NOT ON environmental or other reviews or take any FEDERAL POWER ACT. TRADING FACILITIES.—Except as provided in other actions required of the Secretary as of (a) INVESTIGATIONS UNDER THE NATURAL paragraph (4), nothing in this Act shall apply the date of enactment of this section for ac- GAS ACT.—Section 14(c) of the Natural Gas to an agreement, contract, or transaction in tivities on tribal lands pursuant to the Na- Act (15 U.S.C. 717m(c)) is amended— an exempt commodity that— tional Environmental Policy Act of 1969 (42 (1) by striking ‘‘(c) For the purpose of’’ and ‘‘(A) is entered into solely between persons U.S.C. 2901 et seq.); the Clean Air Act (42 inserting the following: that are eligible contract participants at the

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.102 S10PT1 S7646 CONGRESSIONAL RECORD — SENATE June 10, 2003 time the persons enter into the agreement, ‘‘(B) prohibit the commercial sale or li- tity relying on the exemption under para- contract, or transaction; and censing of real-time proprietary informa- graph (3) deny or limit further transactions ‘‘(B) is not entered into on a trading facil- tion; and by the person, deny that person further trad- ity. ‘‘(C) publicly disclose information regarding access to the covered entity or, as appli- ‘‘(3) EXEMPTION FOR TRANSACTIONS ON COV- ing market positions, business transactions, cable, limit that access of the person to the ERED ENTITIES.—Except as provided in para- trade secrets, or names of customers, except covered entity for liquidation trading only; graphs (4), (5), and (7), nothing in this Act as provided in section 8. ‘‘(D) comply with the requirements of this shall apply to an agreement, contract, or ‘‘(7) NOTIFICATION, DISCLOSURES, AND OTHER subsection applicable to the covered entity transaction in an exempt commodity that REQUIREMENTS FOR COVERED ENTITIES.—A and require that each participant, as a condi- is— covered entity subject to the exemption tion of trading on the covered entity in reli- ‘‘(A) entered into on a principal-to-prin- under paragraph (3) shall (to the extent the ance on the exemption under paragraph (3), cipal basis solely between persons that are Commission determines appropriate)— agree to comply with all applicable law; eligible contract participants at the time at ‘‘(A) notify the Commission of the inten- ‘‘(E) certify to the Commission that the which the persons enter into the agreement, tion of the covered entity to operate as a covered entity has a reasonable basis for be- contract, or transaction; and covered entity subject to the exemption lieving that participants authorized to con- ‘‘(B) executed or traded on a covered enti- under paragraph (3), which notice shall in- duct transactions on the covered entity in ty. clude— reliance on the exemption under paragraph ‘‘(4) REGULATORY AND OVERSIGHT REQUIRE- ‘‘(i) the name and address of the covered (3) are eligible contract participants; MENTS.— entity and a person designated to receive ‘‘(F) maintain sufficient capital, commen- ‘‘(A) IN GENERAL.—An agreement, contract, communications from the Commission; surate with the risk associated with trans- or transaction described in paragraph (2) or ‘‘(ii) the commodity categories that the actions conducted on the covered entity; and (3) (and the covered entity on which the covered entity intends to list or otherwise ‘‘(G) not represent to any person that the agreement, contract, or transaction is exe- make available for trading on the covered covered entity is registered with, or des- cuted) shall be subject to— entity in reliance on the exemption under ignated, recognized, licensed, or approved by ‘‘(i) sections 5b, 12(e)(2)(B), and 22(a)(4); paragraph (3); the Commission. ‘‘(ii) the provisions relating to manipula- ‘‘(iii) certifications that— ‘‘(8) HEARING.—A person named in a sub- tion and misleading transactions under sec- ‘‘(I) no executive officer or member of the poena referred to in paragraph (7)(C) that be- tions 4b, 4c(a), 4c(b), 4o, 6(c), 6(d), 6c, 6d, 8a, governing board of, or any holder of a 10 per- lieves the person is or may be adversely af- and 9(a)(2); and cent or greater equity interest in, the cov- fected or aggrieved by action taken by the ‘‘(iii) the provisions relating to fraud and ered entity is a person described in any of Commission under this subsection, shall misleading transactions under sections 4b, subparagraphs (A) through (H) of section have the opportunity for a prompt hearing 4c(a), 4c(b), 4o, and 8a. 8a(2); after the Commission acts under procedures ‘‘(B) TRANSACTIONS EXEMPTED BY COMMIS- ‘‘(II) the covered entity will comply with that the Commission shall establish by rule, SION ACTION.—Notwithstanding any exemp- the conditions for exemption under this sub- regulation, or order. tion by the Commission under section 4(c), section; and ‘‘(9) PRIVATE REGULATORY ORGANIZATIONS.— an agreement, contract, or transaction de- ‘‘(III) the covered entity will notify the ‘‘(A) DELEGATION OF FUNCTIONS UNDER CORE scribed in paragraph (2) or (3) shall be sub- Commission of any material change in the PRINCIPLES.—A covered entity may comply ject to the authorities in clauses (i), (ii), and information previously provided by the cov- with any core principle under subparagraph (iii) of subparagraph (A). ered entity to the Commission under this (B) that is applicable to the covered entity ‘‘(5) COVERED ENTITIES.—An agreement, paragraph; and through delegation of any relevant function contract, or transaction described in para- ‘‘(iv) the identity of any derivatives clear- to— graph (3) and the covered entity on which ing organization to which the covered entity ‘‘(i) a registered futures association under the agreement, contract, or transaction is transmits or intends to transmit transaction section 17; or executed, shall be subject to (to the extent data for the purpose of facilitating the clear- ‘‘(ii) another registered entity. the Commission determines appropriate)— ance and settlement of transactions con- ‘‘(B) CORE PRINCIPLES.—The Commission ‘‘(A) section 5a, to the extent provided in ducted on the covered entity subject to the may establish core principles requiring a section 5a(g)) and 5d; exemption under paragraph (3); covered entity to monitor trading to— ‘‘(B) consistent with section 4i, a require- ‘‘(B)(i) provide the Commission with access ‘‘(i) prevent fraud and manipulation; ment that books and records relating to the to the trading protocols of the covered enti- ‘‘(ii) prevent price distortion and disrup- business of the covered entity on which the ty and electronic access to the covered enti- tions of the delivery or cash settlement proc- agreement, contract, or transaction is exe- ty with respect to transactions conducted in ess; cuted be made available to representatives of reliance on the exemption under paragraph ‘‘(iii) ensure that the covered entity has the Commission and the Department of Jus- (3); and adequate financial, operational, and manage- tice for inspection for a period of at least 5 ‘‘(ii) on special call by the Commission, rial resources to discharge the responsibil- years after the date of each transaction, in- provide to the Commission, in a form and ities of the covered entity; and cluding— manner and within the period specified in ‘‘(iv) ensure that all reporting, record- ‘‘(i) information relating to data entry and the special call, such information relating to keeping, notice, and registration require- transaction details sufficient to enable the the business of the covered entity as a cov- ments under this subsection are discharged Commission to reconstruct trading activity ered entity exempt under paragraph (3), in- in a timely manner. on the covered entity; and cluding information relating to data entry ‘‘(C) RESPONSIBILITY.—A covered entity ‘‘(ii) the name and address of each partici- and transaction details with respect to that delegates a function under subpara- pant on the covered entity authorized to transactions entered into in reliance on the graph (A) shall remain responsible for car- enter into transactions; and exemption under paragraph (3), as the Com- rying out the function. ‘‘(C) in the case of a transaction or covered mission may determine appropriate— ‘‘(D) NONCOMPLIANCE.—If a covered entity entity performing a significant price dis- ‘‘(I) to enforce the provisions specified in that delegates a function under subpara- covery function for transactions in the cash paragraph (4); graph (A) becomes aware that a delegated market for the underlying commodity, sub- ‘‘(II) to evaluate a systemic market event; function is not being performed as required ject to paragraph (6), the requirements (to or under this Act, the covered entity shall the extent the Commission determines ap- ‘‘(III) to obtain information requested by a promptly take action to address the non- propriate by regulation) that— Federal financial regulatory authority to en- compliance. ‘‘(i) information on trading volume, settle- able the authority to fulfill the regulatory or ‘‘(E) VIOLATION OF CORE PRINCIPLES.— ment price, open interest, and opening and supervisory responsibilities of the authority; ‘‘(i) IN GENERAL.—If the Commission deter- closing ranges be made available to the pub- ‘‘(C)(i) on receipt of any subpoena issued by mines, on the basis of substantial evidence, lic on a daily basis; or on behalf of the Commission to any for- that a covered entity is violating any appli- ‘‘(ii) notice be provided to the Commission eign person that the Commission believes is cable core principle specified in subpara- in such form as the Commission may require; conducting or has conducted transactions in graph (B), the Commission shall— ‘‘(iii) reports be filed with the Commission reliance on the exemption under paragraph ‘‘(I) notify the covered entity in writing of (such as large trader position reports); and (3) on or through the covered entity relating the determination; and ‘‘(iv) consistent with section 4i, books and to the transactions, promptly notify the for- ‘‘(II) afford the covered entity an oppor- records be maintained relating to each trans- eign person of, and transmit to the foreign tunity to make appropriate changes to bring action in such form as the Commission may person, the subpoena in a manner that is rea- the covered entity into compliance with the require for a period of at least 5 years after sonable under the circumstances, or as speci- core principles. the date of the transaction. fied by the Commission; and ‘‘(ii) FAILURE TO MAKE CHANGES.—If, not ‘‘(6) PROPRIETARY INFORMATION.—In car- ‘‘(ii) if the Commission has reason to be- later than 30 days after receiving a notifica- rying out paragraph (5)(C), the Commission lieve that a person has not timely complied tion under clause (i)(I), a covered entity fails shall not— with a subpoena issued by or on behalf of the to make changes that, as determined by the ‘‘(A) require the real-time publication of Commission under clause (i), and the Com- Commission, are necessary to comply with proprietary information; mission in writing directs that a covered en- the core principles, the Commission may

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.111 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7647 take further action in accordance with this ulation of, or attempt to manipulate, the SEC. ll08. CONFORMING AMENDMENTS. Act. price of any commodity, a civil penalty of (a) Section 2 of the Commodity Exchange ‘‘(F) RESERVATION OF EMERGENCY AUTHOR- not more than the greater of $1,000,000 or tri- Act (7 U.S.C. 2) is amended— ITY.—Nothing in this paragraph limits or af- ple the monetary gain to such person for (1) in subsection (d)(1), by striking ‘‘section fects the emergency powers of the Commis- each such violation,’’. 5b’’ and inserting ‘‘section 5a(g), 5b,’’; sion provided under section 8a(9). (b) MANIPULATIONS AND OTHER VIOLA- (2) in subsection (e)— ‘‘(10) NO EFFECT ON OTHER AUTHORITY.—This TIONS.—Section 6(d) of the Commodity Ex- (A) in paragraph (1), by striking ‘‘, 2(g), or subsection shall not affect the authority of change Act (7 U.S.C. 13b) is amended in the 2(h)(3)’’; and the Federal Energy Regulatory Commission first sentence— (B) in paragraph (3), by striking ‘‘2(h)(5)’’ under the Federal Power Act (16 U.S.C. 791a (1) by striking ‘‘paragraph (a) or (b) of sec- and inserting ‘‘2(g)(7)’’; et seq.) or the Natural Gas Act (15 U.S.C 717 tion 9 of this Act’’ and inserting ‘‘subsection (3) by redesignating subsection (i) as sub- et seq.).’’. (a), (b), or (f) of section 9’’; and section (h); and SEC. ll05. PROHIBITION OF FRAUDULENT (2) by striking ‘‘said paragraph 9(a) or 9(b)’’ (4) in subsection (h) (as redesignated by TRANSACTIONS. and inserting ‘‘subsection (a), (b), or (f) of subparagraph (C))— Section 4b of the Commodity Exchange Act section 9’’. (A) in paragraph (1)— (7 U.S.C. 6b) is amended by striking sub- (c) NONENFORCEMENT OF RULES OF GOVERN- (i) by striking ‘‘No provision’’ and insert- section (a) and inserting the following: MENT OR OTHER VIOLATIONS.—Section 6b of ing ‘‘IN GENERAL.—Subject to subsection (g), ‘‘(a) PROHIBITION.—It shall be unlawful for the Commodity Exchange Act (7 U.S.C. 13a) no provision’’; and any person, directly or indirectly, in or in is amended— (ii) in subparagraph (A)— connection with any account, or any offer to (1) in the first sentence— (I) by striking ‘‘section 2(c), 2(d), 2(e), 2(f), enter into, the entry into, or the confirma- (A) by inserting ‘‘section 2(g)(9),’’ after or 2(g) of this Act’’ and inserting ‘‘subsection tion of the execution of, any agreement, con- ‘‘sections 5 through 5c,’’; and (c), (d), (e), or (f)’’; and tract, or transaction subject to this Act— (B) by inserting before the period at the (II) by striking ‘‘section 2(h)’’ and insert- ‘‘(1) to cheat or defraud or attempt to end the following: ‘‘, or, in any case of ma- ing ‘‘subsection (g)’’; and cheat or defraud any person (but this para- nipulation of, or an attempt to manipulate, (B) in paragraph (2), by striking ‘‘No provi- graph does not impose on parties to trans- the price of any commodity, a civil penalty sion’’ and inserting ‘‘IN GENERAL.—Subject to actions executed on or subject to the rules of of not more than $1,000,000 for each such vio- subsection (g), no provision’’. designated contract markets or registered lation’’; and (b) Section 4i of the Commodity Exchange derivative transaction execution facilities a (2) in the second sentence, by inserting be- Act (7 U.S.C. 6i) is amended in the first sen- legal duty to provide counterparties or any fore the period at the end the following: ‘‘, tence by inserting ‘‘, or pursuant to an ex- other market participants with any material except that if the failure or refusal to obey emption under section 4(c)’’ after ‘‘trans- market information); or comply with the order involved any of- action execution facility’’. ‘‘(2) willfully to make or cause to be made fense under section 9(f), the registered enti- (c) Section 8a(9) of the Commodity Ex- to any person any false report or statement, ty, director, officer, agent, or employee shall change Act (7 U.S.C. 12a(9)) is amended— or willfully to enter or cause to be entered be guilty of a felony and, on conviction, shall (1) by inserting ‘‘or covered entity under for any person any false record (but this be subject to penalties under section 9(f)’’. section 2(g)’’ after ‘‘direct the contract mar- paragraph does not impose on parties to (d) ACTION TO ENJOIN OR RESTRAIN VIOLA- ket’’; transactions executed on or subject to the TIONS.—Section 6c(d) of the Commodity Ex- (2) by striking ‘‘on any futures contract’’; rules of designated contract markets or reg- change Act (7 U.S.C. 13a–1(d)) is amended by and istered derivative transaction execution fa- striking ‘‘(d)’’ and all that follows through (3) by inserting ‘‘or covered entity under cilities a legal duty to provide the end of paragraph (1) and inserting the counterparties or any other market partici- section 2(g)’’ after ‘‘given by a contract mar- following: ket’’. pants with any material market informa- ‘‘(d) CIVIL PENALTIES.—In any action tion); brought under this section, the Commission Mr. REID proposed an amend- ‘‘(3) willfully to deceive or attempt to de- SA 877. may seek and the court shall have jurisdic- ment to amendment SA 876 proposed ceive any person by any means whatsoever tion to impose, on a proper showing, on any (but this paragraph does not impose on par- person found in the action to have com- by Mrs. FEINSTEIN (for herself, Mr. ties to transactions executed on or subject to mitted any violation— FITZGERALD, Mr. HARKIN, Mr. LUGAR, the rules of designated contract markets or ‘‘(1) a civil penalty in the amount of not Ms. CANTWELL, Mr. WYDEN, Mrs. registered derivative transaction execution more than the greater of $100,000 or triple the BOXER, and Mr. LEAHY) to the bill S. 14, facilities a legal duty to provide monetary gain to the person for each viola- to enhance the energy security of the counterparties or any other market partici- tion; or United States, and for other purposes; pants with any material market informa- ‘‘(2) in any case of manipulation of, or an as follows: tion); or attempt to manipulate, the price of any com- On page 17 after line 25. ‘‘(4) except as permitted in written rules of modity, a civil penalty in the amount of not ‘‘(10) APPLICABILITY.—This subsection does a board of trade designated as a contract more than the greater of $1,000,000 or triple not apply to any agreement, contract, or market or derivatives transaction execution the monetary gain to the person for each transaction in metals.’’ facility on which the agreement, contract, or violation.’’. transaction is traded and executed— (e) VIOLATIONS GENERALLY.—Section 9 of f ‘‘(A) to bucket an order; the Commodity Exchange Act (7 U.S.C. 13) is AUTHORITY FOR COMMITTEES TO ‘‘(B) to fill an order by offset against 1 or amended— more orders of another person; or (1) by redesignating subsection (f) as sub- MEET ‘‘(C) willfully and knowingly, for or on be- section (e); and COMMITTEE ON ARMED SERVICES half of any other person and without the (2) by adding at the end the following: Mr. FITZGERALD. Mr. President, I prior consent of the person, to become— ‘‘(f) PRICE MANIPULATION.—It shall be a fel- ask unanimous consent that the Com- ‘‘(i) the buyer with respect to any selling ony punishable by a fine of not more than order of the person; or $1,000,000 for each violation or imprisonment mittee on Armed Services be author- ‘‘(ii) the seller with respect to any buying for not more than 10 years, or both, together ized to meet during the session of the order of the person.’’. with the costs of prosecution, for any per- Senate on Tuesday, June 10, 2003, at SEC. ll06. FERC LIAISON. son— 9:30 a.m., in closed session to receive Section 2(a)(9) of the Commodity Exchange ‘‘(1) to manipulate or attempt to manipu- testimony on certain intelligence pro- Act (7 U.S.C. 2(a)(9)) is amended by adding at late the price of any commodity in inter- grams. the end the following: state commerce, or for future delivery on or The PRESIDING OFFICER. Without ‘‘(C) LIAISON WITH FEDERAL ENERGY REGU- subject to the rules of any registered entity; objection, it is so ordered. LATORY COMMISSION.—The Commission shall, ‘‘(2) to corner or attempt to corner any in cooperation with the Federal Energy Reg- such commodity; COMMITTEE ON BANKING, HOUSING, AND URBAN ulatory Commission, maintain a liaison be- ‘‘(3) knowingly to deliver or cause to be de- AFFAIRS tween the Commission and the Federal En- livered (for transmission through the mails Mr. FITZGERALD. Mr. President, I ergy Regulatory Commission.’’. or interstate commerce by telegraph, tele- ask unanimous consent that the Com- SEC. ll07. CRIMINAL AND CIVIL PENALTIES. phone, wireless, or other means of commu- mittee on Banking, Housing, and (a) ENFORCEMENT POWERS OF COMMISSION.— nication) false or misleading or knowingly Urban Affairs be authorized to meet Section 6(c) of the Commodity Exchange Act inaccurate reports concerning market infor- during the session of the Senate on (7 U.S.C. 9, 15) is amended in paragraph (3) of mation or conditions that affect or tend to June 10, 2003, at 10:00 a.m. to conduct the tenth sentence— affect the price of any commodity in inter- (1) by inserting ‘‘(A)’’ after ‘‘assess such state commerce; or an oversight hearing on ‘‘The Adminis- person’’; and ‘‘(4) knowingly to violate section 4 or 4b, tration’s Proposal for Re-authorization (2) by inserting after ‘‘each such violation’’ any of subsections (a) through (e) of sub- of The Federal Public Transportation the following: ‘‘, or (B) in any case of manip- section 4c, or section 4h, 4o(1), or 19.’’. Program.’’

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.111 S10PT1 S7648 CONGRESSIONAL RECORD — SENATE June 10, 2003 The PRESIDING OFFICER. Without son and Neil Naraine of my staff be consent that at 11 o’clock a.m., on objection, it is so ordered. granted floor privileges. Wednesday, June 11, the Senate pro- COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without ceed to executive session for the con- TRANSPORTATION objection, it is so ordered. sideration of Calendar No. 220, the Mr. FITZGERALD. Mr. President, I f nomination of Richard Wesley, to be ask unanimous consent that the Com- UNANIMOUS CONSENT REQUEST— United States Circuit Judge for the mittee on Commerce, Science, and S. 1215 Second Circuit; provided further that Transportation be authorized to meet there then be 15 minutes for debate on Tuesday, June 10, 2003, at 9:30 a.m., Mr. MCCONNELL. Mr. President, we equally divided between the chairman on Reauthorization of the Federal have been negotiating all day with and ranking member prior to a vote on Motor Carrier Administration. Senator BAUCUS, the ranking member the confirmation of the nomination, The PRESIDING OFFICER. Without of the Finance Committee, in the hopes with no intervening action or debate. I objection, it is so ordered. of getting the Burma bill cleared, but, further ask consent that following the regretfully, that has not occurred yet. SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND vote, the President be immediately no- Time is passing. I was at a meeting WATER tified of the Senate’s action, and the Mr. FITZGERALD. Mr. President, I with the President just an hour ago. He brought up the issue. Both the Repub- Senate then resume legislative session. ask unanimous consent that the Sub- The PRESIDING OFFICER. Is there lican and Democratic leaders of the committee on Fisheries, Wildlife, and objection? Senate are in favor of this bill. Both Water be authorized to meet on Tues- Mr. REID. Mr. President, I ask the the chairman and the ranking member day, June 10 at 10 a.m., to conduct a Senator to modify his request to allow of the Foreign Relations Committee hearing to receive testimony regarding the chairman and ranking member, or are in favor of this bill. My good friend, the current regulatory and legal status their designees, to control the time. I of federal jurisdiction of navigable wa- the assistant Democratic leader, is in favor of this bill. It is time to pass it. also say this: If he accepts that modi- ters under the Clean Water Act, in fication, this will be the 129th judge we light of the issues raised by the Su- We have been protecting, under a rule XIV procedure, the possibility of will have approved during the tenure of preme Court in Solid Waste Agency of President Bush, and this will be the Northern Cook County v. U.S. Army going to this bill tomorrow. But I must say, I think it would be a lot better to 36th circuit judge. Corps of Engineers No. 99–1178. Mr. MCCONNELL. Mr. President, I so The hearing will take place in Senate go to it tonight. So I have notified the Senator from Nevada that I am going modify my unanimous consent request. Dirksen 406. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without to make the following unanimous consent request, and I will do that at this objection to the modified request? objection, it is so ordered. Without objection, it is so ordered. SUBCOMMITTEE ON NATIONAL PARKS point. f Mr. FITZGERALD. Mr. President, I Mr. President, I ask unanimous con- ask unanimous consent that the Sub- sent that tomorrow, at a time to be de- ROBERT P. HAMMER POST OFFICE committee on National Parks of the termined by the majority leader, in BUILDING consultation with the Democratic lead- Committee on Energy and Natural Re- Mr. MCCONNELL. Mr. President, I er, the Senate proceed to the imme- sources be authorized to meet during diate consideration of S. 1215, the ask unanimous consent that the Gov- the session of the Senate on Tuesday, Burma sanctions bill, under the fol- ernmental Affairs Committee be dis- June 10, 2003, at 2:30 p.m., in room SD– lowing conditions: 1 hour of debate charged from further consideration of 366 to receive testimony on the fol- equally divided in the usual form; that H.R. 1625, and that the Senate then lowing bills: S. 499, to authorize the upon the use or yielding back of time, proceed to its immediate consider- American Battle Monuments Commis- the Senate proceed to a vote in rela- ation. sion to establish in the State of Lou- tion to the measure, with no inter- The PRESIDING OFFICER. Without isiana a Memorial to honor the Buffalo vening action or debate. objection, it is so ordered. The clerk Soldiers; S. 546, to provide for the pro- The PRESIDING OFFICER. Is there will report the bill by title. tection of paleontological resources on objection? The assistant legislative clerk read Federal lands, and for other purposes; Mr. REID. Reserving the right to ob- as follows: S. 643, to authorize the Secretary of ject. A bill (H.R. 1625) to designate the facility the Interior, in cooperation with the The PRESIDING OFFICER. The Sen- of the United States Postal Service located University of New Mexico, to construct ator from Nevada. at 1114 Main Avenue in Clifton, New Jersey, and occupy a portion of the Hibben Mr. REID. Mr. President, I have been as the ‘‘Robert P. Hammer Post Office Build- ing.’’ Center for Archaeological Research at told by Senator BAUCUS and Senator the University of New Mexico, and for GRASSLEY that they object to this. I There being no objection, the Senate other purposes; S. 677, to revise the would say this, however; that people in proceeded to consider the bill. boundary of the Black Canyon of the Burma, toward whom this is directed, Mr. LAUTENBERG. Mr. President, I Gunnison National Park and Gunnison should not rest easy. We are going to am delighted that the Senate is poised Gorge National Conservation Area in figure out a way to have this matter to pass H.R. 1625, a bill to designate the the State of Colorado, and for other brought before the Senate. United States Post Office located at purposes; S. 1060 and H.R. 1577, to des- I object. 1114 Main Avenue in Clifton, NJ, as the ignate the visitors’ center at Organ The PRESIDING OFFICER. Objec- ‘‘Robert P. Hammer Post Office Build- Pipe Cactus National Monument, Ari- tion is heard. ing.’’ zona, as the ‘‘Kris Eggle Visitors’ Cen- Mr. MCCONNELL. Mr. President, let Robert Hammer was a dedicated pub- ter’’; H.R. 255, to authorize the Sec- me say to my good friend from Nevada, lic official, working as City Manager of retary of the Interior to grant an ease- I have not heard from Senator GRASS- Clifton, NJ, for 7 years before his death ment to facilitate access to the Lewis LEY. I keep hearing from the other side last December at the age of 54. Among and Clark Interpretive Center in Ne- that Senator GRASSLEY objects, but I the many accomplishments during his braska City, Nebraska, and H.R. 1012, have not heard that, nor have floor tenure, Bob Hammer oversaw a nation- to establish the Carter G. Woodson staff been informed that he does. But ally recognized recycling program and Home National Historic Site in the either way, it is time to move forward, helped improve town parks and play- District of Columbia, and for other pur- and it needs to be done this week, and grounds. poses. should be done with a tight time agree- It is particularly gratifying that the The PRESIDING OFFICER. Without ment and a rollcall vote. Senate will pass this measure in time objection, it is so ordered. f for the facility’s dedication ceremony f this Saturday, June 14. It will mean so UNANIMOUS CONSENT AGREE- much to Bob’s family to have this bill PRIVILEGE OF THE FLOOR MENT—EXECUTIVE CALENDAR passed in time for the dedication. Ms. LANDRIEU. Mr. President, I ask Mr. MCCONNELL. Mr. President, as I also thank Senator COLLINS and unanimous consent that Tanner John- in executive session, I ask unanimous Senator LIEBERMAN for their help in

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.112 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — SENATE S7649 getting this measure passed so expedi- friendship of every President of the United 10 a.m., the Senate resume consider- tiously. States since Franklin D. Roosevelt; ation of S. 14, the Energy Bill. Mr. MCCONNELL. Mr. President, I Whereas Bob Hope, in a generous commit- The PRESIDING OFFICER. Without ask unanimous consent that the bill be ment to public service, has donated his per- objection, it is so ordered. sonal papers, radio and television programs, read three times, passed, and the mo- scripts, his treasured Joke File and the live f tion to reconsider be laid upon the appearances he made around the world in table; that any statements relating support of American Armed Forces to the Li- PROGRAM thereto be printed in the RECORD, with- brary of Congress (the ‘‘Library’’) and the Mr. MCCONNELL. For the informa- out intervening action or debate. American people; tion of all Senators, tomorrow morn- The PRESIDING OFFICER. Without Whereas Bob and Dolores Hope and their family have established and endowed in the ing, following a period of morning busi- objection, it is so ordered. ness, the Senate will resume consider- The bill (H.R. 1625) was read the third Library a Bob Hope Gallery of American En- tertainment—a permanent display of rotat- ation of S. 14, the Energy Bill. Under a time and passed. ing items from the Hope Collection—and has previous consent, at 11 the Senate will f donated a generous gift of $3,500,000 for the proceed to executive session and debate preservation of the collection; and the nomination of Richard C. Wesley to COMMENDING BOB HOPE Whereas all Americans have greatly bene- be a U.S. circuit judge. The Senate will Mr. MCCONNELL. Mr. President, I fitted from Bob Hope’s generosity, charitable vote on the Wesley nomination at 11:15 ask unanimous consent that the Sen- work and extraordinary creativity: Now, therefore be it tomorrow morning. Following that ate proceed to the immediate consider- Resolved, That the Senate— vote, the Senate will return to the En- ation of S. Res. 165 which was sub- (1) commends Bob Hope for his dedication ergy Bill. mitted earlier today. and commitment to the United States of There are currently two amendments The PRESIDING OFFICER (Mr. America; relating to derivatives pending to that TALENT). The clerk will report the res- (2) expresses its sincere gratitude and ap- bill. It is my hope that if we cannot olution by title. preciation for his example of philanthropy work out an agreement with respect to The assistant legislative clerk read and public service to the American people; these amendments, we will be able to as follows: and (3) directs the Secretary of the Senate to set the amendments aside and proceed A resolution (S. Res. 165) commending Bob transmit a copy of this resolution to Bob with other energy-related amendments. Hope for his dedication and commitment to Hope. We have made pretty good progress on the Nation. the Energy Bill over the past week. We f There being no objection, the Senate should continue to address and dispose proceeded to consider the resolution. APPOINTMENTS of as many amendments as possible. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Therefore, Senators should expect roll- ask unanimous consent that the reso- Chair, on behalf of the Vice President, call votes throughout the day tomor- lution be agreed to, the preamble be pursuant to 22 U.S.C. 276h–276k, as row in relation to amendments to that agreed to, the motion to reconsider be amended, appoints the following Sen- bill. laid upon the table, and any state- ators as members of the Senate Delega- I also inform all of my colleagues ments relating to this matter be print- tion to the Mexico-U.S. Inter- that we anticipate locking in a final ed in the RECORD. parliamentary Group during the First list of amendments to the Energy Bill The PRESIDING OFFICER. Without Session of the 108th Congress: The Sen- during tomorrow’s session. objection, it is so ordered. ator from Tennessee, Mr. FRIST; the In addition to considering amend- The resolution (S. Res. 165) was Senator from Tennessee, Mr. ALEX- ments to the Energy Bill, it remains agreed to. ANDER; and the Senator from Texas, my hope that we will be able to take up The preamble was agreed to. Mr. CORNYN. and pass the Burma sanctions bill to- The resolution, with its preamble, morrow. We should have done it today. reads as follows: f Hopefully we can do it tomorrow. S. RES. 165 ORDERS FOR WEDNESDAY, JUNE There is currently, as the Senator from Whereas Bob Hope is unique in the history 11, 2003 Nevada and I have discussed, difficulty of American entertainment and a legend in Mr. MCCONNELL. Mr. President, I in clearing that with Senator BAUCUS, vaudeville, radio, film, and television; ask unanimous consent that when the and hopefully that will be cleared up Whereas Bob Hope is a dedicated patriot Senate completes its business today, it by tomorrow. whose unselfish and incomparable service to his adopted country inspired him, for more stand in adjournment until 9:30 a.m., f Wednesday, June 11. I further ask than six decades, from World War II to the ADJOURNMENT UNTIL 9:30 A.M. Persian Gulf War, to travel around the world unanimous consent that following the to entertain and support American service prayer and the pledge, the morning TOMORROW men and women; hour be deemed expired, the Journal of Mr. MCCONNELL. If there is no fur- Whereas Bob Hope has personally raised proceedings be approved to date, the ther business to come before the Sen- over $1,000,000,000 for United States war re- time for the two leaders be reserved for ate, I ask unanimous consent the Sen- lief and over 70 United States charities; their use later in the day, and the Sen- ate stand in adjournment under the Whereas Bob Hope’s life-long commitment to public service has made him one of the ate then begin a period of morning previous order. most loved, honored, and esteemed per- business until 10 a.m., with the time There being no objection, the Senate, formers in history, and has brought him the equally divided between the two lead- at 7:08 p.m., adjourned until Wednes- admiration and gratitude of millions and the ers or their designees; provided that at day, June 11, 2003, at 9:30 a.m.

VerDate Jan 31 2003 05:11 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.118 S10PT1 June 10, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1185 EXTENSIONS OF REMARKS

A TRIBUTE TO MOSHOOD For me personally, Frank was always there 2000, Mr. Clausen was nominated as ‘‘Prin- AFARIOGUN to give me a friendly boost and support during cipal of the Year.’’ For the last two years he my campaign for Congress. He was always has chaired the Virginia High School League; HON. EDOLPHUS TOWNS ready to walk a precinct with me and introduce and from 2001 to 2002 he was recognized for OF NEW YORK me to the neighbors and friends he knew so significant progress in improvement of Virginia well. I will not soon forget Frank. State Standards of Learning scores. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I join with the people of the Mr. Clausen has been a member of the Tuesday, June 10, 2003 40th Ward in recognizing the life of Frank Board of Directors of the Network of Edu- Mr. TOWNS. Mr. Speaker, I rise in honor of Cirrincione and the impact that he had on cators for Central America and he currently Moshood Afariogun in recognition his unique those of us who were fortunate enough to be serves as the Chairman of Fairfax County style and accomplishments in the fashion in- touched by his kindness. I applaud the City of High School League. He is a member of the dustry. Chicago for forever celebrating Frank’s life by Panel at Chesapeake Chapter of the National The name Moshood Africanspirit has be- designating the 5600 block of North Fairfield School Public Relations Association, as well come synonymous with a style that personifies Avenue as ‘‘Honorary Frank Cirrincione Way.’’ as a member of the National Activities Com- a ‘‘spirit’’ of African pride. Originally from Lastly, I wish to express my deep sense of mittee or NASSP. Lagos, Nigeria, Moshood arrived in New York sorrow to Carol and the rest of Frank’s loving Mr. Clausen was one of five secondary in the early 1980’s, and set out to make his family. school principals from the nation honored by mark in this very competitive industry. After f the Metlife Foundation Bridge Builders Initia- years of tireless effort and hard work, he tive, which recognizes teachers and adminis- opened his first boutique in Brooklyn, NY. HONORING DON CLAUSEN UPON trators for forging strong relationships between Moshood’s timeless pieces bring together HIS RETIREMENT the school’s staff and the community. the traditional beauty of African tailoring and a Mr. Speaker, in closing, I wish the very best taste of western flavor. His fluid and elegant HON. TOM DAVIS to Mr. Clausen as he is recognized for service designs have been embraced from Harlem to OF VIRGINIA to his community and to Fairfax County Public Soweto, Lagos to Bahia, London to Tokyo, IN THE HOUSE OF REPRESENTATIVES Schools. During his many years of service, he certainly has earned his recognition, and I call and New York to Kingston. Tuesday, June 10, 2003 Mr. Speaker, Moshood Afariogun has suc- upon all of my colleagues to join me in ap- cessfully designed and created unique de- Mr. TOM DAVIS of Virginia. Mr. Speaker, I plauding his tenure. signer clothes without losing touch with his Af- would like to pay tribute to Mr. Don Clausen f rican culture and heritage. As such, he is upon his retirement as Principal of Annandale more than worthy of receiving our recognition High School after more than 30 years of dis- PARTIAL-BIRTH ABORTION BAN today and I urge my colleagues to join me in tinguished service to Fairfax County Public ACT OF 2003 honoring this truly remarkable person. Schools. SPEECH OF f In 1966, Mr. Clausen graduated from Valparaiso University with a B.S. in physical HON. DANNY K. DAVIS REMEMBERING FRANK education, and immediately began his service OF ILLINOIS CIRRINCIONE in the Peace Corps as a volunteer to Ecuador. IN THE HOUSE OF REPRESENTATIVES There he helped local communities improve HON. RAHM EMANUEL and enlarge their educational programs. He Wednesday, June 4, 2003 OF ILLINOIS continued this work until 1968 when he began Mr. DAVIS of Illinois. Mr. Speaker, this is IN THE HOUSE OF REPRESENTATIVES teaching at Langley High School. Mr. Clausen the sixth time this legislation has been sent to taught physical education at Kings Park and the House, I opposed it the past five times, Tuesday, June 10, 2003 Kings Glen Elementary Schools from 1973 and I still oppose it today. This bill is an at- Mr. EMANUEL. Mr. Speaker, I rise to cele- until 1976. In 1976 he became the Assistant tempt to strike, yet again, at the foundations of brate the life of a true public servant for the Principal of Oakton High School. During that a woman’s right to choose with the aid of fam- people of Chicago, Frank Cirrincione, who year he also finished his Master’s in Education ily, clergy, counselors, and physicians. I am an passed away on June 9. from George Mason University. Over the next avid supporter of choice without reservation. Frank was born in Chicago on December 6, thirty years, Mr. Clausen came to serve as As- Medical decisions are personal and should be 1943. In 1964, he married the love of his life, sistant Principal at several other schools in- made in private without the interference of the Carole. Together they had two wonderful chil- cluding, George C. Marshall High School and government. dren, PJ and Maria, who made them the Thomas Jefferson High School for Science I oppose this proposed interference of the happy in-laws to Kevin and Adrienne and the and Technology. In July of 1994, Mr. Clausen government in doctor’s offices not only be- proud grandparents of Brianna and Joanna became the Principal of Annandale High cause I support choice, but because it endan- Cirrincione and Zachary and Conor Martin. School where he remained Principal until his gers women’s health and safety. Medical tech- For the past two decades Frank worked dili- retirement. nology has advanced, and safe abortion pro- gently for the people of the North side of Chi- Mr. Clausen has received a multitude of cedures are available for women. If passed, cago in the public service office of the great awards and honors throughout his career. In this legislation will force doctors to perform Alderman Patrick J. O’Connor of the 40th 1990, he was invited by the government of procedures deemed dangerous and outdated Ward. In that position he was always there to Nicaragua to serve as a National Elections as of 1975. These procedures might be nec- greet constituents with a smile and to work his Monitor. In 1991, he received the Department essary to save women whose lives are threat- hardest at helping them with their problems. of Community Action nomination for ‘‘Excel- ened by their pregnancies. The proposed ban The Ward office and the people of the 40th lence in Education Award.’’ Then in 1993, he does not provide for life-saving exceptions, Ward will not soon forget Frank. was once again invited to be a National Elec- and will be overturned by the Supreme Court. Frank also was dedicated to his community tions Monitor for the government of El Sal- This ban is also unconstitutional because it outside of work, volunteering his time at the vador. On December 17, 1997 he hosted the is in blatant violation of Roe v. Wade. Might I parish that guided his life, St. Hilary’s. His de- initial national education hearings of President remind the House, this landmark decision voted service included contributing to the Par- Clinton’s Advisory Board of The President’s leaves the regulation of post vitality or late ish Council, as an usher during services, and Initiative on Race. From 1998 to 2002 he term abortions to the States, not the Federal even as coach of the basketball team. St. served an appointment to the Executive com- Government. While the judiciary system is vio- Hilary’s Parish will not soon forget Frank. mittee of Virginia High School League. In lated by this legislation, so is the healthcare

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

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.001 E10PT1 E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2003 field. ‘‘Partial-birth’’ is not a medical term, in- A TRIBUTE TO REGINA COLEY over four decades of communist rule. Its mod- stead it is a vague political term designed to ernization is described most meaningfully by inflame this debate, and outlaw abortions HON. EDOLPHUS TOWNS its current President, Aleksander Kwasniewski, throughout pregnancy. OF NEW YORK stated, ‘‘The transformation in Poland During the hearings for this legislation in IN THE HOUSE OF REPRESENTATIVES launched after the historic breakthrough in March, Dr. Anne R. Davis testified 90 percent 1989 consists not only in reform of the econ- of abortions are conducted during the first tri- Tuesday, June 10, 2003 omy but also in opening up to the world. mester. I refuse to believe this legislation pro- Mr. TOWNS. Mr. Speaker, I rise in honor of Openness is the historical tradition of Poland posed six times in the past eight years is to Regina Coley Carter in recognition of her dedi- . . . We are thinking not only of the benefits ban only 10 percent of abortions. I stand with cation to her community in personal and pro- we will gain from accession to the European over 17 organizations of dedicated and re- fessional life, and her commitment to reducing Union. We are also aware of the obligations spected medical professionals, three state ref- drug use among youths. incumbent upon us from our role in the unifi- erendums, and a Nebraska Supreme Court, all Regina Coley is the fourth of eleven chil- cation of the continent.’’ of whom oppose this unconstitutional and dan- dren. She was educated in the New York City That 78 percent of Poland’s population gerous legislation that must not be passed. public school system, and later, attended voted for unification is a giant step toward ad- f Hunter College in pursuit of a nursing career. vancing democratic progress and prosperity to Currently, she is attending John Jay College. its 38 million people. Its integration into the EU IN RECOGNITION OF DAVID A mother of three children, Regina is a assures that it can assume a strong leader- MINCBERG member of the Brownsville Community Baptist ship role in promoting important ethnic, social Church. As a church member, she participates and cultural diversity to the global community. HON. CHRIS BELL in the Concert Choir and the Willing Workers. In exchange, Poland will benefit economically OF TEXAS She is a football mom for the Pop Warner and politically from the standards and exam- IN THE HOUSE OF REPRESENTATIVES State Championship Team, and the Mo Better ples set by the other modern EU democracies. Tuesday, June 10, 2003 Jaguars of the East New York/Brownsville Mr. Speaker, Poland’s accomplishments area. over the past 14 years since communism fell Mr. BELL. Mr. Speaker, I rise to honor Regina has worked for the New York City shows great promise for continued openness David Mincberg on the occasion of his being Police Department for the past twenty-three and solidarity in the years ahead. The United named the recipient of the 2003 Max H. Na- years. She served as a civilian employee for States should recognize Poland’s tremendous than Award by the Houston chapter of the five and a half years when she decided that achievement in clearing the way for EU mem- American Jewish Committee. The Max H. Na- that would be an effective police officer. In bership. We should also express continued than Award is presented annually to an indi- 1986, she passed the police exam and be- gratitude for its contributions to the global war vidual who has performed most meritoriously came a police officer. Regina is currently one against terror and its 200 troops during Oper- in the cause of human relations and who ex- of two community affairs officers in the 75th ation Iraqi Freedom. We deeply value our emplifies the finest traditions of his heritage. Precinct. friendship and commitment to strong security, This individual must be dedicated in his serv- Regina enjoys sports, reading, travel, and diplomatic and economic ties with Poland and ice to the community. working with the community. She has received will continue to express our hope that the an- David Mincberg epitomizes the qualities the numerous awards for community service, often ticipated ratification of EU membership by May American Jewish Committee recognizes each working with elected officials, community of 2004 remains on schedule. year with this award. Mr. Mincberg has spent based organizations, schools, and churches in f his life enriching the Jewish community. He the East New York Community. She helps or- began his service to the community as a stu- ganize parades, demonstrations, rallies, street HONORING RICHARD NUGENT, THE dent at Bellaire High School where he served festivals, and various community events. Re- BRADDOCK DISTRICT COUNCIL as president of the Houston Jewish Commu- gina has also worked with the United States CITIZEN OF THE YEAR nity Center Youth Council. At the University of Attorney’s office as a coordinator for the youth Texas, he demonstrated his leadership quali- program Drug Education For Youth (D.E.F.Y). HON. TOM DAVIS ties during his tenure as president of the Friar Regina has a strong concern for the com- OF VIRGINIA Society. munity and youth of East New York and IN THE HOUSE OF REPRESENTATIVES After graduating from law school, Mr. Brownsville. She has become a mentor Tuesday, June 10, 2003 Mincberg continued his dedication to humani- through various community youth programs tarianism as evidenced by his volunteer work and is presently mentoring young people in Mr. TOM DAVIS of Virginia. Mr. Speaker, I on the boards of the Jewish Federation of East New York. would like to take this opportunity to honor Greater Houston, the American Jewish Com- Mr. Speaker, Regina Coley is committed to Richard Nugent as the Braddock District mittee and the Jewish Family Service Founda- improving the lives of those in her community Council Citizen of the Year. tion where he served as board chairman. through a wide range of efforts. As such, she Although Mr. Nugent can boast many civic Mr. Mincberg was a founder and the first is more than worthy of receiving our recogni- contributions, the most dramatic impact he has president of Southwest Houston 2000 Inc., a tion today and I urge my colleagues to join me had on his community is his active participa- forum for improving the quality of life for all in honoring this truly remarkable person. tion in charitable organizations in the Brad- people living in southwest Houston. He served f dock district, Fairfax County and beyond. as chairman of the Harris County Democratic Richard is a regular volunteer at the North- Party from 1994 to 1998. From 1988 to 1991, POLAND’S REFERENDUM ern Virginia Training Center, assisting with he served as president of the American Jew- field trips for residents. Through the Church of ish Committee. During his term as president, HON. RAHM EMANUEL the Good Shepard, he has organized the de- he made a lasting impact on American plu- OF ILLINOIS livery of birthday cakes and Christmas boxes ralism and the quality of life in the community. IN THE HOUSE OF REPRESENTATIVES to residents of NVTC. He is also an active Mr. Mincberg currently serves on the boards participant in the interfaith service organiza- of Planned Parenthood and the Houston Mu- Tuesday, June 10, 2003 tions F.I.S.H. and F.A.C.E.T., delivering meals seum of Natural Science. Mr. EMANUEL. Mr. Speaker, on behalf of and other needs to the less fortunate. Mr. Mincberg is owner and president of more than 111,000 constituents of Polish de- Through his church, Mr. Nugent’s service Flagship Properties Corporation, one of the scent, I rise to congratulate the Republic of extends also to the national organization largest privately held multifamily residential Poland for its historic and overwhelming vote ‘‘Habitat for Humanity.’’ In addition to assisting companies in Texas. He takes great pride in yesterday in favor of joining the European at a local Habitat worksite, he also raised providing employment to over 600 people of Union next May. $3,200 through Christmas tree sales for that diverse backgrounds. For centuries Polish greats like Copernicus, organization. David Mincberg is married to Lainie Gordon. Frederick Chopin, and Madame Curie have Under the aegis of his church, Mr. Nugent They are the proud parents of five children. contributed significant economic, cultural and regularly delivers clothing, books and school Mr. Speaker, I would like to congratulate social diversity to Europe. As the first nation to supplies to an Appalachian town in West Vir- David Mincberg on his many years of excep- have a written constitution in Europe, Poland ginia. Extending his commitment to service tional service to the Jewish community. is a shining example of democracy triumphing even farther, he has traveled to Honduras the

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.004 E10PT1 June 10, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1187 last two years to assist in building houses and For many years, Bishop Payne has been a change, and the Royal Globe Insurance Com- schools as part of a church mission project. pillar of the Texas community. After graduating pany. He retired from Royal Globe Insurance In addition to these charitable pursuits, with a chemical engineering degree from Rice Company after 25 years of service. At the time Richard has served in the all-volunteer Coast University, Bishop Payne went on to earn a of his retirement, he was working in the Com- Guard Auxiliary for the last three years and is Masters and Doctor of Divinity from the puter Networks Department. presently the Flotilla Commander. Mr. Nugent Church Divinity School of the Pacific. Prior to When he retired, Von resumed his music teaches boating safety classes, conducts rec- his election as seventh bishop of Texas, career. He began playing for big Latin bands reational boat safety checks, and participates Bishop Payne was rector of one of the largest like Machito, Joe Valle, Vicentico Alarez, and in safety and security patrols on the Potomac churches in the Texas diocese, St. Martin’s in the Oriental Cubana. However, he eventually River and Chesapeake Bay. Mr. Nugent has Houston. He has also served at St. Mark’s in retired from his musical career and returned to also served his immediate neighborhood as a Beaumont as well as St. Mark’s in Houston. In the business work. Presently, he works for Board officer of the Somerset South Home- June of 1993, the Right Reverend Payne was Amsco School Publications as a senior ac- owner’s Association for the last ten years. elected to bishop of the Episcopal Church. In counts receivable clerk. Mr. Speaker, in closing, it is with great 1995, he became a diocesan bishop for pleasure that we extend this recognition to Mr. Texas. Von has a remarkable spirit of giving and Richard Nugent. His notable contribution to his Since that time Bishop Payne has worked caring. He is a respectable and gentle indi- community deserves to be commended, and unceasingly to reach people without a church vidual. He will lend a helping hand to anyone we call upon all of our colleagues in joining us home. His vision of doubling the size of the di- in need. It is often said about Von that ‘‘to to applaud Mr. Nugent for all of his accom- ocese to 200,000 parishioners by 2005 is truly know him is to love him.’’ He is a member of plishments. a miraculous goal; hence the diocese views Community Board 13 in Queens, a member of St. Clare’s Catholic Church, and a proud f itself as ‘‘a community of miraculous expectations.’’ member for Congressman TOWNS’ constituent TRIBUTE TO CHARLES TIDWELL During Bishop Payne’s episcopacy, the dio- support group. cese built the first new church for a Spanish- Von is married to Teresa Johnson-Hunt, and HON. DANNY K. DAVIS speaking congregation in the United States, they are the proud parents of five children and OF ILLINOIS built seven new churches in Houston and Aus- six grandchildren. IN THE HOUSE OF REPRESENTATIVES tin and restarted numerous others. Member- Mr. Speaker, Von R. Hunt is committed to Tuesday, June 10, 2003 ship has increased by 10,000 and more impor- assisting his fellow community members. As tantly, average Sunday attendance has in- such, he is more than worthy of receiving our Mr. DAVIS of Illinois. Mr. Speaker, I take creased by more than 18.7 percent. recognition today and I urge my colleagues to this opportunity to pay tribute to Mr. Charles Under the bishop’s leadership, approxi- join me in honoring this truly remarkable per- Tidwell who died a few days ago after having mately $50 million has been granted by the son. spent a lifetime of being a good husband, a Episcopal Health Charities for community out- good father, a good neighbor, a good citizen reach programs. These grants helped to pro- f and a good friend. vide fully equipped mobile clinics: one for at- Mr. Tidwell was what we would call an ordi- risk youth living on the streets of Houston and HONORING PEACE OFFICERS nary man, ordinary in that he owned his own another for Matagorda County, an area pro- MEMORIAL DAY business, an ordinary business, he was a self- foundly under-served in health care. employed plumber, who for many years Bishop Payne was also instrumental in the worked every day. He was a welcomed sight; expansion and renovation of Camp Allen, a HON. RAHM EMANUEL people often looked forward to him coming be- camp and conference center. The renovation OF ILLINOIS cause he generally represented relief, a man includes a new 1200 seat chapel and a 70- who knew how to do what he could and do it acre lake. Camp Allen provides recreational IN THE HOUSE OF REPRESENTATIVES well. facilities for church members as well as sec- Tuesday, June 10, 2003 Mr. Tidwell was ordinary but he was also ular groups from the surrounding area. unordinary, unordinary because he and his Mr. Speaker, I would like to congratulate Mr. EMANUEL. Mr. Speaker, every city wife were intimately connected to their com- Bishop Payne on his many years of excep- block and every country road across this munity, actively involved in their church, ac- tional service to the Episcopal Church and the country is protected by potential heroes. But tively involved in the civic affairs of their com- diocese of Texas. I applaud his leadership in police officers like my Uncle Les of the Chi- munity and actively involved in politics or pub- the development and enhancement of his cago Police Department, firefighters, and other lic policy decision-making. The Tidwell home community. officers of peace don the mantle of heroism was oftentimes the place where block club f every day, and are prepared to respond not meetings were held, political candidates came only to forces of nature or forces of man, but and problem solving discussions were held A TRIBUTE TO VON R. HUNT also to forces of evil, like that which brought and of course, Mrs. Tidwell generally found a down the World Trade Towers and tore into way to have some fried chicken, cake, potato HON. EDOLPHUS TOWNS the Pentagon. salad, potato pie or whatever she decided to OF NEW YORK Peace officers are very real heroes, and cook. In reality the Tidwells represent the best IN THE HOUSE OF REPRESENTATIVES must be honored as such. At risk to their own among us and we’re going to miss Mr. Tidwell, Tuesday, June 10, 2003 personal safety, peace officers put themselves a good son, a good husband, a good father, between danger and the people they protect. a good neighbor, a good citizen, a good Amer- Mr. TOWNS. Mr. Speaker, I rise in honor of Last year, more than 147 peace officers were ican. May his soul rest in peace. Von R. Hunt in recognition of his commitment killed in the line of duty during 2002, and the f to his community. previous year 230 officers were killed, includ- Von Renneslerr Hunt was born in Colon, IN RECOGNITION OF THE RIGHT ing 72 officers in the September 11th terrorist Republic of Panama. He graduated from the attacks. We will never know the number of REVEREND CLAUDE E. PAYNE, Canal Zone Rainbow High School, Amador BISHOP lives that were spared because they gave their Guerero Spanish School and the Baptist own. Academy. HON. CHRIS BELL Von was a professional sign painter in Pan- Too often round-the-clock news shows, television talk programs and supermarket tabloids OF TEXAS ama, working for various agencies of the elevate the frivolous to the famous, and blur IN THE HOUSE OF REPRESENTATIVES Canal Zone. He also played music professionally and played with his own trio band the difference between the noble and the no- Tuesday, June 10, 2003 throughout Panama. torious. We must honor real heroes in a Mr. BELL. Mr. Speaker, I rise to honor the After 20 years of service with the Panama meaningful manner. Right Reverend Claude E. Payne, bishop of Canal Zone, he immigrated to the United Mr. Speaker, I urge my colleagues to join Texas on the occasion of his retirement from States in 1965. In New York City, he worked me in supporting the President’s proclamation the Episcopal Church. He will be celebrating on Wall Street for the Moore McCormack designating May 15 as Peace Officers Memo- his retirement June 27, 2003. Steamship Company, Dreyfuss Stock Ex- rial Day.

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.008 E10PT1 E1188 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2003 TRIBUTE TO THE PEOPLE OF TAI- plight of immigrants in the United States. In Leadership Group. There she organized the WAN AND PRESIDENT CHEN addition to representing mortgage lenders in Latino community’s first health fair by bringing SHUI-BIAN her current practice, she works extensively on together neighbors, doctors, local groups and pro bono projects involving immigrant issues. city officials. In its seventh year, the fair is the HON. CHARLES B. RANGEL She has worked together with local and na- only source of health care for many residents. OF NEW YORK tional human rights organizations to organize In 1997, Sylvia became lead organizer for the IN THE HOUSE OF REPRESENTATIVES and mobilize grass roots activities opposing in- committee’s Health Project with a goal of increasing health access for Alexandria’s Latino Tuesday, June 10, 2003 definite detention and incarceration of legal permanent residents. She has provided pro community. Since then, she has recruited and Mr. RANGEL. Mr. Speaker, on May 20, the bono assistance to detainees across the trained more than 80 health promoters to edu- people of Taiwan celebrated the third anniver- United States by providing them with legal cate the community about preventive health sary of the ascent of Chen Shui-bian to the case law, advising them of their rights under practices. Presidency of Taiwan. In recognition of this immigration law, and providing assistance and Ms. Portillo has also led a campaign that anniversary, I would like to congratulate both support to their families. won $300,000 in medical debt relief from the the people of Taiwan and President Chen Rita has also worked hard to bring to the at- leading area health system and persuaded upon the achievement of this third anniversary tention of elected officials human and civil local hospitals to hire bilingual staff. The and make a few observations with regard to rights violations suffered by men and women project also has completed three landmark this auspicious occasion, as well as the long- during their detention. She works to expose studies documenting conditions of Latino im- standing friendship that exists between the and remedy these violations to ensure that our migrants, including occupational health prob- United States and Taiwan. legal system remains fair and just. In recogni- lems and the consequences of medical debt. With regard to President Chen, I can only tion of her tenacity and empathy for the plight One of the most impressive testimonies say that in his three years as leader of Taiwan of immigrants, in 2003 she was appointed about the work Sylvia has accomplished came have been exemplary. President Chen has, chairperson of the political action committee from a woman who sought her help with a continues and shall hopefully continue to re- for the Federation of Indian Americans. medical debt she could not pay since she was ceive widespread praise around the world for On the civil rights end, Ms. Dave has found- unable to work. Sylvia helped her understand his determined commitment and unswerving ed a non-profit organization devoted to helping our health system, despite her inability to dedication to continued democratization, eco- men and women who are factually innocent of read. ‘‘By working with Silvia, I am no longer nomic reform and basic recognition of human the crime for which they have been convicted afraid,’’ the woman said. rights. and incarcerated. The group is called The Sylvia and the Health Project have helped In his conduct and comments toward the Falsely Accused and Convicted Taking Steps, countless people throughout my congressional People’s Republic of China, President Chen FACTS. FACTS reviews the case files of indi- district and northern Virginia. I am proud to has promised that Taiwan would not seek viduals who assert their factual innocence have Sylvia in my district, and I look forward independence as long as the People’s Repub- then assist them in overturning their convic- to seeing what else she can accomplish in en- lic would refrain from using force against Tai- tions. suring that her friends and neighbors receive wan. Moreover, he has initiated solid meas- Rita lives with her husband and 9-year-old the health care they deserve. ures that are aimed at reducing tensions in the daughter in Mineola, NY. f Taiwan Straits so that the freedom of naviga- Mr. Speaker, Rita Dave is committed to im- tion in the Straits can be maintained. HONORING THE THORNTON proving the lives of those in need and those SISTERS FOUNDATION President Chen has further demonstrated who have suffered human and civil rights vio- his leadership in bringing his diplomatic skills lations. As such, she is more than worthy of HON. FRANK PALLONE, JR. to the fore in gaining Taiwan entrance to the receiving our recognition today and I urge my OF NEW JERSEY World Trade Organization. In this regard, I can colleagues to join me in honoring this truly re- IN THE HOUSE OF REPRESENTATIVES only hope and wish for President Chen’s con- markable person. tinued diplomatic success in making Taiwan Tuesday, June 10, 2003 f more present in the global community of na- Mr. PALLONE. Mr. Speaker, I would like to tions. Two such measures of continued suc- TRIBUTE TO SYLVIA PORTILLO acknowledge once again a group of talented cess would rest in gaining Taiwan access and and capable women. This month marks the entry to both the World Health Organization HON. JAMES P. MORAN 12th anniversary of the Thornton Sisters Foun- and the International Civil Aviation Organiza- OF VIRGINIA dation, Inc. I have been following these wom- tion. IN THE HOUSE OF REPRESENTATIVES en’s struggles and accomplishments for a long Mr. Speaker, as President Chen celebrates Tuesday, June 10, 2003 time now, and after a decade of success, I still the third anniversary of his Presidency, I feel it is an honor to formally salute these would only say that America congratulates and Mr. MORAN of Virginia. Mr. Speaker, I rise women for a third time. salutes him upon the many successes and today to honor an incredible woman from my On Sunday, June 8, 2003, the Thornton Sis- achievements of his administration to date. district who recently received a Robert Wood ters Foundation will hold an awards ceremony And, that we wish him continued and further Johnson Community Health Leadership Pro- for the 25 finalists of the Donald and Itasker success in the future. gram award. Sylvia Portillo earned this pres- Thornton Memorial Scholarship and their fam- f tigious award through her hard work in ex- ily members. The occasion will be hosted at A TRIBUTE TO RITA DAVE panding health care for the Latino community Jumping Brook Country Club in Neptune, NJ. of northern Virginia. The Thornton Sisters have an inspiring his- Sylvia Portillo overcame adversity as a tory that led to the creation of this foundation. HON. EDOLPHUS TOWNS Spanish-speaking immigrant and low-wage They come from a family that has always OF NEW YORK worker to become a major health leader in her known the intrinsic worth of a good education. IN THE HOUSE OF REPRESENTATIVES community. Her career in health care began in In 1948, their parents, Donald and Itasker, Tuesday, June 10, 2003 El Salvador where she worked as a nurse. moved the family from Harlem, New York City Mr. TOWNS. Mr. Speaker, I rise in honor of Upon fleeing war-torn El Salvador, Sylvia be- to Long Branch, NJ, so that their children Rita Dave in recognition of her dedication to came a home health care companion in Ar- would be able to receive a better education. improving the human rights in her community lington County, to support the three children And while Mrs. Thornton was unable to attend and throughout the world, especially among she left with relatives back home as well as college, she pushed all of her daughters to ac- immigrant populations. her new family in the United States. complish something that she would never be Rita immigrated to the United States with Ms. Portillo was inspired to become a health able to do. her parents when she was 7 years old. Pur- care advocate for Latinos and other under- With the help of scholarships and their par- suing her goal to become a lawyer, she reserved community residents after her experi- ent’s inspiration, all six daughters graduated ceived her Juris Doctor Degree from New ence and the roadblocks she encountered from Monmouth University in Long Branch. York Law School, and was admitted to prac- when she tried to get health care and insur- Having learned early on the importance of an tice in the State of New York in 1992. ance for her two youngest children. In 1996 education, these six sisters now want to give Throughout her personal and professional she joined the Tenants’ and Workers’ Support the same opportunity they had to other young life, Rita has been deeply affected by the Committee as a volunteer in the Women’s women.

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.013 E10PT1 June 10, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1189 This story has special significance to me, as During this time, she met a Korean-Amer- ance between serving our country and dedica- I am a citizen of Long Branch. In addition, Rita ican inmate, which altered her life dramati- tion to their employment. For activated service Thornton and I both attended Long Branch cally. Since that moment, she has been dili- members to be successful in their missions, High School and even participated in speech gently visiting Korean-American inmates in the they need peace of mind that their families, ci- and debate together. I could tell back then, greater New York Area. These experiences vilian jobs, and other responsibilities will be that she and her sisters share a true commit- motivated her to focus on the problems of the stable and financially secure in their absence. ment to education and excellence—it is no youth in the Korean-American community. The We have established a law to protect our wonder that they all received straight A’s Korean-American Youth Center in Flushing, troops and this law has significantly reinforced throughout high school. NY, provided her with a vehicle to work with the respect and encouragement our armed This year, I would also like to recognize all teenagers. Because her children were getting forces deserve. The Uniformed Services Em- recipients of the Donald and Itasker Thornton older, she had more time to pursue her con- ployment and Reemployment Rights Act Scholarship, past and present: from 1992, cern for all of the young people in her commu- (USERRA) provides job protection and rights Miss LaShawn Pruitt and Miss Tiffany Sand- nity. of reinstatement to employees who participate ers; from 1995, Miss Natasha Dwamena; from Using all of the experiences in her life, in the National Guard and Reserve. The act 1996, Miss Jasmine Williams; from 1997, Miss Grace created the Youth and Family Focus, a seeks to ensure that members of the uni- Anetha Perry, Miss Sanetta Ponton, and Mr. non-profit organization of which she is the ex- formed services are entitled to return to their Carl Little; from 1998, Miss Diane Bynes; from ecutive officer. She runs the organization with civilian employment upon completion of their 1999, Miss Estelle Docteur, Miss Leigh-Michil the devoted help of a few volunteers. Youth service. They should be reinstated with the se- George, Miss Tiffany Little, and Miss and Family Focus believes that intervention niority, status, and rate of pay they would Traymanesha Moore; from 2000, Miss Marie with teenagers is the best way to affect their have obtained had they remained continuously Guervil, and Miss Lesha Sanders; from 2001, lives positively. The organization is a youth employed by their civilian employer. The law Miss Aakia Seymour, Miss Fatiya Ilegieno, oriented program that offers many services to also protects individuals from discrimination in Miss Lesha Brady, Miss Betty Lin, and Miss the community including parent-child coun- hiring, promotion, and retention on the basis of Courtney Jackson; from 2002, Miss Melissa seling, education programs for Korean Amer- present and future membership in the Armed Thompson, Miss Tiffany Reed, and Miss Mar- ican parents, a G.E.D. program, mentoring for Forces. tha Tan; and from 2003, Miss Yoonieh Ahn, teens, retreats for teenagers, and a prison Many employers have gone above and be- Miss Cassaundra Brown, Miss Porschia Epps, ministry. yond what is required under USERRA. They Miss Sorochi Esochaghi, Miss Sonya Frontin, Ms. Lee’s devotion and dedicated work with have expanded their pay differential and med- Miss Indria Harrison, Miss Quasheeda Kelly, Youth and Family Focus have made this ical coverage policies for Reserve and Na- Miss Elizabeth Meltzer, Miss Dominique Rob- group an effective organization. Its success is tional Guard members called to Active Duty. inson, Miss Candice Spence, Miss Shakeilya reflected by the high regard it has within the Along with the companies who provide a pay Washington, and Miss Katherine Wheatle. Korean-American communities across the differential during service members’ annual Mr. Speaker, I would now like to ask my col- United States. Success is further reflected by training and mobilization, continuation of insur- leagues to join me in honoring these aspiring the requests it receives from the judicial sys- ance and other company benefits, establishing women. They are truly a group that needs to tem, school system, and families for assist- family support networks to maintain open lines be admired and praised. I want to personally ance with Korean American Youth. of communication, and facilitating information thank the Thornton sisters for their twelve Mr. Speaker, Grace (Sang Sook) Lee is sharing have been used to mitigate the psy- years of providing scholarships for young mi- committed to improving the lives of Korean- chological hardships of war. nority women of the State of New Jersey. Americans and troubled youths. As such, she Employers’ willingness to bear the inevitable f is more than worthy of receiving our recogni- financial hardships and organizational disrup- tion today and I urge my colleagues to join me tions that result from war is an important con- A TRIBUTE TO GRACE (SANG in honoring this truly remarkable woman. tribution to our Nation’s security. In placing SOOK) LEE f America’s well being above their own, employers help our National Guard provide mission- HON. EDOLPHUS TOWNS SENSE OF THE HOUSE COM- ready forces to help preserve our freedoms MENDING NATION’S BUSINESSES OF NEW YORK and protect our national interests. AND BUSINESS OWNERS FOR IN THE HOUSE OF REPRESENTATIVES Our Nation’s businesses and business own- SUPPORT OF OUR TROOPS AND Tuesday, June 10, 2003 ers serve our country in many ways, espe- THEIR FAMILIES cially in these days of increased engagement Mr. TOWNS. Mr. Speaker, I rise in honor of of our military in strategic locations around our SPEECH OF Grace (Sang Sook) Lee in recognition of her Nation and around the world. I would like to dedication to assisting Korean-Americans and HON. DAVE CAMP commend their patriotism and offer my sincere troubled youths in her community. OF MICHIGAN gratitude to the men and women defending Ms. Lee was born in Seoul, Korea. She was IN THE HOUSE OF REPRESENTATIVES America. educated in many different schools, and f earned a degree in chemistry from Sacred Wednesday, June 4, 2003 Hearts Women’s University. She married Mr. CAMP. Mr. Speaker, I rise today in sup- HONORING DR. DANIEL IVASCYN Chong Hwun Lee in 1980 and moved to the port of H. Res. 201. This bill expresses the UPON HIS RETIREMENT United States. Ms. Lee and her husband have sense of the House of Representatives that three daughters, Vivian, Marian, and Joan. American businesses should be commended HON. RICHARD E. NEAL At the height of the Lees’ success, they for their support of our troops and their fami- OF MASSACHUSETTS owned five dry cleaners in Manhattan. Unfor- lies. I would like to thank my colleague from IN THE HOUSE OF REPRESENTATIVES tunately, things took a turn for the worse and Michigan, Mr. Rogers, for introducing this they had to sell their home in Little Neck, NY. timely and appropriate tribute and urge my Tuesday, June 10, 2003 For some period of time, they had to move colleagues to vote in favor of this resolution. Mr. NEAL of Massachusetts. Mr. Speaker, I every two years. During this time, Grace was Since September 11, 2001, the Armed would like to take this opportunity to recognize able to go to night school and earn a degree Forces have undertaken more than 21 months Dr. Daniel W. Ivascyn, a constituent of the in counseling and conflict resolution. of courageous and successful operations second district of Massachusetts, for his Adapting to a new culture and struggling to against terrorism worldwide. Over 216,931 countless years of dedication to the town of establish a successful business made life dur- members of the Reserve components have Oxford and Oxford public school system. ing the 1980s arduous. The stress caused been called to leave their families and their Dr. Ivascyn is retiring this year after 34 Grace to fall into depression. However, she jobs to serve our country. From my own State years of devoted employment. used this low point in her life to search for the of Michigan, over 1,000 individuals have been Dr. Ivascyn began his extraordinary career truth in her life that would uplift her. She real- called to Active Duty. in September 1969 when he became Business ized that she could no longer live for herself, National Guard and Reserve members com- Manager of Oxford. He was later on promoted and in 1990, in the teachings of her Savior prise 38 percent of our military and support by in 1975 to become Assistant Superintendent Jesus Christ, she gained a new awareness their employers is crucial. It can be a struggle for Business Affairs. He continued his steady that she must serve others. for Guard and Reserve members to find a bal- climb up the chain of command in 1996 where

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.016 E10PT1 E1190 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2003 he was appointed to the prestigious position of such, he is more than worthy of receiving our ‘‘advance to the highest standards of excel- Superintendent of schools. recognition today and I urge my colleagues to lence for the legal profession, to enhance the Dr. Ivascyn used his leadership role as a join me in honoring this truly remarkable per- professional competence of attorneys, to fur- way to further escalate the growth and suc- son. ther the administration of justice, to preserve cess of the Oxford public school system. f and protect the liberties and rights of the peo- Some recent notable accomplishments include ple, to inspire respect for the law and legal assisting in the construction of a new Oxford TRIBUTE TO GERARD DOHERTY profession through the support of law-related High School in 2002, and the newly renovation and community services, and to promote an of Barton and Chaffee Elementary Schools. HON. EDWARD J. MARKEY atmosphere of collegiality among members of Dr. lvascyn’s dedication and desire to better OF MASSACHUSETTS the Bench and the Bar.’’ the Oxford community serves as an admirable IN THE HOUSE OF REPRESENTATIVES On this great occasion, Thomas J. Escovar, a partner with the firm Steuer, Escovar, Berk example to all American citizens. I am de- Tuesday, June 10, 2003 lighted to honor Dr. lvascyn’s accomplish- & Brown Co., L.P.A., in Cleveland, OH, is ments and service to the second district of Mr. MARKEY. Mr. Speaker, I ask that the being installed as the CCBA’s President. The Massachusetts. His hard work and dedication House of Representatives take this opportunity association’s President-Elect is Justin Mad- will be greatly missed. to honor Gerard Doherty, a man who has den, a partner with the firm Spangenberg, f dedicated his enormous talents and unlimited Shibley & Liber in Cleveland. Diana Thimmig energy to public service and charitable ven- will be installed as the First Vice President PERSONAL EXPLANATION tures throughout his life. and Laurence A. Turbow will serve as Second Gerard Doherty is an exceptional leader in Vice President. Howard Besser will retain his HON. ELTON GALLEGLY Charlestown, in our Commonwealth of Massa- position with CCBA as Secretary. OF CALIFORNIA chusetts and throughout our Nation. Mr. Furthermore, I would like to congratulate the new members of the CCBA Board of Trustees IN THE HOUSE OF REPRESENTATIVES Doherty is one of the founders of the John F. Kennedy Family Service Center. He serves as for 2004; the Honorable Janet R. Burnside, Tuesday, June 10, 2003 a member of the Boston Public Library Foun- Louis J. Carlozzi, Deanna L. DiPetta, Steven Mr. GALLEGLY. Mr. Speaker, on June 9, dation, the John F. Kennedy Library Founda- L. Gardner, John F. McCaffrey and Robert J. 2003, I was unable to vote on H.R. 1610, Walt tion and the Suffolk University Board of Trust- Vecchio. I would also like to congratulate the Disney Post Office Building Redesignation Act ees. He is remembered on Beacon Hill as one new members of the Trustee Class of 2005; (rollcall vote 249), H. Con. Res. 162, Honoring of our most respected members of The Great David B. Gallup, the Honorable Diane J. the City of Dayton, Ohio (rollcall vote 250), and General Court, where he was elected to Karpinski, Lenore Kleinman, Jacob A.H. and S. 763, Birch Bayh Federal Building and four terms as State Representative from Kronenberg, the Honorable David T. Matia, United States Courthouse Designation Act Charlestown. the Honorable John D. Sutula, Mary Jane (rollcall vote 251). Had I been present, I would Because of his efforts to improve edu- Trapp and the Trustee Class of 2006; the have voted ‘‘yea’’ on all three measures. cational opportunities for children, Gerard Honorable John E. Corrigan, Michael M. f Doherty has received numerous awards in- Courtney, Janet L. Kronenberg, Ellen S. cluding an honorary doctorate degree from Mandell, Mary Ann Rini, Stanley E. Stein and A TRIBUTE TO JOHN L. ENGLISH Our Lady of the Elms College. And Mr. Speak- Jeffrey L. Tasse. er, when I return to my alma mater of Malden Finally, I would like to congratulate the new HON. EDOLPHUS TOWNS Catholic High School to attend a basketball Presidential Board Appointments; the Honor- OF NEW YORK game, I take great pride in walking through the able Ann Dyke, Lori Ann Luka and Barbara K. IN THE HOUSE OF REPRESENTATIVES doors of the Gerard and Marilyn Doherty Gym- Roman. It gives me great pleasure, Mr. Speaker, to rise today to honor the Cuyahoga Tuesday, June 10, 2003 nasium, dedicated in the name of MC’s most beloved couple. County Bar Association and to salute its new Mr. TOWNS. Mr. Speaker, I rise in honor of Gerard Doherty has also placed his indelible leadership. John L. English in recognition of his success- mark on national politics. He served as a f ful business which has brought stability to his close and trusted advisor to President John F. community, and for his overall efforts to im- PAYING TRIBUTE TO THE Kennedy, Presidential Campaign Director for MICHIGAN SURVIVAL FLIGHTS prove the quality of life in his community. both Senator Robert F. Kennedy and Presi- John’s contracting company is based at dent Jimmy Carter and Campaign Manager for 2060 Eastern Parkway in Brooklyn, New York. Senator EDWARD M. KENNEDY. HON. MIKE ROGERS He started Central Mechanical in 1976 and re- Mr. Speaker, I rise to honor one of the Bay OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES located to the current address in 1984. He has State’s most famous sons on his 75th birth- been an owner-operator in his community for day. Gerard Doherty’s commitment to public Tuesday, June 10, 2003 19 years. Since John’s father and grandfather service and community philanthropy has made Mr. ROGERS of Michigan. Mr. Speaker, I were steamfitters by trade, it was natural for an immeasurable impact in his community, in rise today to pay tribute to the University of him to become involved in the pipefitting in- our State and throughout our Nation. Michigan’s Survival Flight program for their dustry. He is both a contractor and a devel- f critical role in providing emergency care to the oper. His day-to-day function is the operation residents of Michigan. of Central Mechanical. Central Mechanical’s TRIBUTE TO THE CUYAHOGA The University of Michigan’s Survival Flight prime business is the completion of govern- COUNTY BAR ASSOCIATION’S is an air medical transport program that ex- ment heating and air conditioning contracts. 75TH ANNIVERSARY DIAMOND tends the University Health System’s care. He has also built 25 homes and 20 condomin- JUBILEE This service is available 24 hours a day, every iums in the past 10 years. day of the year. They have the capabilities to John is active in the community as well. He HON. STEPHANIE TUBBS JONES transport critical patients from area hospitals lends support to a local church, the House of OF OHIO to specialized treatment facilities, transport di- Hope. In addition to being a place of worship, IN THE HOUSE OF REPRESENTATIVES rectly from an emergency scene, transfer neo- the House of Hope runs a homeless shelter Tuesday, June 10, 2003 nates and organ transport teams, and provide for people who have nowhere else to turn. back-up in disaster situations. Survival Flights John is very thankful for what he has accom- Mrs. JONES of Ohio. Mr. Speaker, I rise consist of three advanced Bell 430 medical plished and he looks forward to a long, pros- today in recognition of the Cuyahoga County helicopters and one Cessna Citation jet. perous, and continuing active presence in Bar Association’s 75th Anniversary Diamond Now in their 20th year, the Survival Flights Brooklyn. However, most important has been Jubilee which will be held on Friday, June 20, have a perfect safety record and are recog- John’s successful marriage of 26 years to his 2003, in Cleveland, Ohio. The Cuyahoga nized as the top emergency medical air pro- wife Trina. They have four children ages 11 County Bar Association has served the legal gram in the Nation. Each year, over 1,600 pa- through 24. community and citizens of Cuyahoga County tients are safely transported through the Sur- Mr. Speaker, John L. English is committed through research, advocacy, and education. vival Flights program. to his community through his business en- Founded by 64 former members of the Cleve- University of Michigan Survival Flights are to deavors and his work at his local church. As land Bar Association in 1928, it’s mission is to be recognized for their success and dedication

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.019 E10PT1 June 10, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1191 to the survival of Michigan patients. Since their HONORING DR. JOHN GUSHA has given Ms. Byers a great and unique un- inception, Survival Flights have demonstrated derstanding of Horizon and has allowed her to outstanding courage and commitment to the HON. JAMES P. McGOVERN help enrich a company which is truly fortunate State of Michigan. OF MASSACHUSETTS to have her as a dedicated employee. Mr. Speaker, I wish to extend the gratitude IN THE HOUSE OF REPRESENTATIVES Raised in the 10th Congressional District of of myself and the entire nation to the Univer- New Jersey, Ms. Byers spent her early years sity of Michigan Survival Flights in recognition Tuesday, June 10, 2003 growing with the programs at the YMCA of 20 years of service. I ask my colleagues to Mr. MCGOVERN. Mr. Speaker, I rise today where I was fortunate enough to meet this join me in thanking them and wishing them to recognize Dr. John Gusha, a dentist who promising young woman. Since those early continued success as they serve the citizens mobilized dental societies and nonprofit years she has proven herself time and time of the great State of Michigan. groups to launch the Central Massachusetts again and I am proud to see what a dedicated f Oral Health Initiative for low-income residents and motivated individual she has become. A TRIBUTE FOR SALLIE of Massachusetts. Dr. Gusha is among the In addition to her devotion to Horizon Blue SLAUGHTER-GARDNER outstanding individuals from across the coun- Cross Blue Shield, Ms. Byers has also in- try selected this year to receive a Robert vested time in the community as a whole. A HON. EDOLPHUS TOWNS Wood Johnson Community Health Leadership strong advocate of community service, she Program award of $120,000. serves on the Advisory Board for Community OF NEW YORK Dr. Gusha founded and served as project Agencies Corporation and on the board of di- IN THE HOUSE OF REPRESENTATIVES director of the Central Massachusetts Oral rectors for Friendly Fuld. She is also Chair for Tuesday, June 10, 2003 Health Initiative, a collaborative of 25 organi- the Newark Fighting Back Partnership. Mr. TOWNS. Mr. Speaker, I rise today to zations focused on improving oral health in the Mr. Speaker, I know that my colleagues recognize the life of Sallie Slaughter-Gardner. region. here in the U.S. House of Representatives join I believe that it is fitting for public officials to Growing up in a large, blue-collar family, Dr. me today in congratulating Ms. Adrienne E. celebrate those individuals whose life story Gusha was inspired by his faith and the work Byers on her long and successful career with can serve as a model for us all. ethic of his immigrant heritage to give back to Horizon Blue Cross Blue Shield. I wish her the Mr. Speaker, Sallie Slaughter-Gardner was his community. After working his way through very best in her retirement and a healthy and born on February 26, 1916, in an era very dif- dental school and setting up a private practice, happy future. ferent than the one to which we are accus- he began volunteering at a free medical clinic tomed. Because her family needed Sallie to and was struck by the magnitude of oral f work in the cotton fields, she was not afforded health problems he saw among patients. TRIBUTE TO MS. GWEN BOWEN the opportunity to complete a formal edu- He recruited his colleagues in local and cation. She was, however, blessed with a State dental societies and nonprofit groups to pleasant disposition, a commitment to her launch the Oral Health Initiative in 1999. The HON. DIANA DeGETTE family, and a devotion to her community. initiative opened a free dental clinic where OF COLORADO On January 23, 1932, Sallie was united in dentists, hygienists, and assistants volunteer IN THE HOUSE OF REPRESENTATIVES Holy Matrimony to Dozier Gardner. After the their services. It also educates physicians and birth of her first child, Willie Clifford, the Gard- Tuesday, June 10, 2003 nurses to perform oral health screenings, and ner family emigrated from her birthplace of trains outreach workers to teach young moth- Ms. DEGETTE. Mr. Speaker, I would like to Buena Vista, Georgia to Brooklyn, New York, ers about preventing tooth decay, the most recognize the splendid efforts and notable ac- an area I am now privileged to represent in common chronic condition of childhood. complishments of an extraordinary woman in the United States Congress. ‘‘Aunt Sallie,’’ as In addition to volunteering his dental serv- the 1st Congressional District of Colorado. It is she was affectionately known, quickly adapted ices, Dr. Gusha has pushed for policy both fitting and proper that we recognize this to her new surroundings, and, during the his- outstanding artist, educator and civic leader torical African American migration to the changes aimed at improving Massachusetts’ health. He helped win State legislation allow- for her exceptional record of invaluable serv- North, Sallie opened her home to the needy, ice. It is to commend this outstanding citizen providing hot meals, shelter, and good will to ing a pilot program to expand access to dentists for Medicaid patients in central Massa- that I rise to honor Ms. Gwen Bowen on the all. occasion of her 50th year teaching dance in Sallie Slaughter-Gardner made her family chusetts. In 1993, as chairman of the Holden Board of Health, he championed fluoridation of Denver, Colorado. and her church the focus of her life. Sallie ‘‘Miss B,’’ as she is affectionately known by began her Christian walk in the Baptist the water supply and prohibition of second- current and former students, was born in Den- Church. Later, she joined the Evergreen hand smoke in public places. ver, Colorado. She attended McKinley Ele- Church of God in Christ, where she accepted Mr. Speaker, I proudly ask you to join me in mentary School, Grant Junior High School and Christ as her Personal Savior under the lead- commending Dr. John Gusha for his accom- graduated from Denver’s South High School. ership of Elder Eugene Williams, the founder plishments as founder of the Central Massa- Following her graduation from the University of of the Church. Sallie was a member of the chusetts Oral Health Initiative and for his ef- Denver, she returned to McKinley Elementary hospitality club, the mother’s board, and was forts put forth in achieving a 2003 Robert School to teach first grade. But her love of president of the usher board of the church. Wood Johnson Community Health Leadership dance inspired her to pursue a career in Her sumptuous apple and sweet potato pies Program award. dance education. became mainstays among the congregation, f and indeed, she was known for her generosity Ms. Bowen has amassed a distinguished TRIBUTE TO MS. ADRIENNE E. and kind heart. Until her death at the age of record of service to our community. She BYERS eighty-six, Sallie guided parishioners to their founded the Gwen Bowen School of Dance seat and imbued them with her warmth. where she has taught hundreds of young peo- Sallie was known as a spiritual lady with a HON. DONALD M. PAYNE ple, middle-aged and senior citizens through- heart of gold. Her sweet disposition was most OF NEW JERSEY out her career—a career distinguished by car- clearly demonstrated when she cared for a IN THE HOUSE OF REPRESENTATIVES ing, competence and a sense of commitment to the community. Among her many students neighbor stricken with a crippling illness. Her Tuesday, June 10, 2003 neighbor, bitter over her ailment, alienated all who have pursued professional careers in who attempted to care for her. But Sallie was Mr. PAYNE. Mr. Speaker, it is with great dance is Lynne Taylor Corbett, Tony Award not deterred and she cooked, cleaned, and pride that I rise today to recognize Ms. Adri- Nominee for her choreography of the Broad- cared for this woman. enne E. Byers on her retirement from Horizon way Play, Swing. Last year, Ms. Corbett came Mr. Speaker, as part of the Evergreen Blue Cross Blue Shield after thirty-four years to Denver to pay tribute to this great lady of Church of God in Christ’s 58th Church Anni- of dedicated service. dance at a fundraiser for Arts for All, an orga- versary, the Church is in the process of me- Joining Horizon Blue Cross Blue Shield in nization founded by Ms. Bowen to create a morializing this incredible individual. Sallie al- January of 1969, Ms. Byers has worked in community non-profit facility for all the arts in ways said ‘‘Let my life speak for me.’’ many different facets of the organization, be- Denver. Despite having taught so many that Mr. Speaker, her life truly speaks volumes ginning in the Cashiers Department and mov- have made major contributions to dance, she to us and shows us the kind of conduct befit- ing to her current position with Special Letters. believes that her greatest rewards have come ting all of God’s children. Working with many areas of the corporation from teaching dance to blind students and the

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.025 E10PT1 E1192 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2003 developmentally disabled. It comes as no sur- nity. I urge my colleagues to join me in con- sense. A great need existed, and caring and prise that Dance Magazine, a national publica- gratulating him on this well-deserved award. giving citizens rose to the occasion, with tion, has recognized her outstanding contribu- f AliceMarie as the catalyst. I salute this very tion to the art of dance. great lady. TRIBUTE TO ALICEMARIE SLAVEN- Ms. Bowen has continually espoused that f ‘‘Dancing is a language and it touches people EMOND TRIBUTE TO JUDGE WILKIE D. in many ways.’’ Her life is a testament to this FERGUSON, JR. belief and while she has been an exceptional HON. TOM UDALL educator in dance, she has been an educator OF NEW MEXICO who teaches young and old alike to pursue IN THE HOUSE OF REPRESENTATIVES HON. KENDRICK B. MEEK OF FLORIDA meaning in their lives as well as the value of Tuesday, June 10, 2003 giving back to the community. IN THE HOUSE OF REPRESENTATIVES Please join me in commending Ms. Gwen Mr. UDALL of New Mexico. Mr. Speaker, I Tuesday, June 10, 2003 rise today to recognize AliceMarie Slaven- Bowen, a distinguished artist and educator. It Mr. MEEK of Florida. Mr. Speaker, on Mon- Emond, who was recently honored as one of is the strong leadership she exhibits on a daily day, June 9, 2003, our country lost a truly only ten people in the entire nation to be se- basis that continually enhances our lives and great man, U.S. District Court Judge Wilkie D. lected as a 2003 Robert Wood Johnson Com- builds a better future for all Americans. Ferguson, Jr. He was an exemplary jurist—ex- munity Health Leader. This prestigious award f perienced, fair, compassionate, knowledgeable includes a grant of over $100,000 to enhance and firmly committed to justice. His death is a ACKNOWLEDGING THE WORK OF AliceMarie’s work. huge loss to the federal bench, to our commu- JOSE GARCIA AliceMarie is cofounder, primary health care nity, and to our Nation. provider and volunteer executive director of Wilkie Demeritte Ferguson, Jr. was born HON. SILVESTRE REYES the Northeast San Juan County Health and May 11, 1938, to Bahamian immigrants and OF TEXAS Wellness Center in Aztec, NM. The center is raised in the Liberty Square public housing IN THE HOUSE OF REPRESENTATIVES a community owned, nonprofit clinic, where project. patients receive primary care services, preven- Judge Ferguson attended all-black public Tuesday, June 10, 2003 tive screenings, immunizations, pre- and post- schools: Liberty City Elementary, Dorsey Mid- Mr. REYES. Mr. Speaker, I rise today to ac- natal care and free medications. Services are dle and Northwestern Sr. High. He received knowledge the work of Jose Garcia, the found- offered on a sliding-fee scale, depending on his B.S. in Business Administration and Ac- er and director of Project CARE in El Paso, income. counting from Florida A & M University. He TX. Mr. Garcia recently received national rec- Working as a school nurse in the Aztec was certified in Fundamentals of Computer ognition from the Robert Wood Johnson Foun- school district, AliceMarie was uniquely aware Programming at Philco Technological Institute dation’s Community Health Leadership Pro- of children who were suffering medically be- in Philadelphia and received his Masters in Fi- gram. The prestigious award includes a cause their families were uninsured or could nancial Administration from Drexel University. $120,000 grant to provide additional funding to not afford a doctor. To address these de- He continued on to Howard University where further his work. mands, AliceMarie, along with other con- he obtained his J.D. Degree. Mr. Garcia, a pharmacist, helped found cerned citizens, launched the planning proc- He was the first black jurist appointed to the Project CARE, a treatment and education pro- ess for a clinic in 1992 and opened its doors Miami-Dade Circuit Court and Third District gram for asthma and diabetes patients, in in 2000. The early stages were very difficult, Court of Appeals, and the second black fed- 2001. Project CARE uses pharmacists as but because of the steadfast commitment, de- eral judge in the Southern District of Florida. ‘‘promotores’’ to manage uncomplicated diabe- termination, enthusiasm, tenacity and hard Judge Ferguson knew every aspect of the tes and asthma, reducing costs by targeting work, AliceMarie and her cofounders achieved law, and he knew people. In the Civil Rights the uninsured and frequent users of the hos- a ‘‘miracle.’’ But AliceMarie is always quick to Division of the old U.S. Department of Health, pital’s emergency department. It also helps fill acknowledge the ‘‘incredible graciousness’’ of Education and Welfare, and as a staff attorney the gap in the physician shortage along the San Juan County. She reports that without the for Legal Services of Greater Miami, he Texas-Mexico border, where more than a third donations of cash, supplies, labor and many learned firsthand about the problems that ordi- of El Paso residents are uninsured and nearly other services by local businesses, medical nary people face in their everyday lives and 40 percent of families live below the poverty professionals and private benefactors, success how the legal system and our courts are often line. could not have been possible. their only recourse for justice. Mr. Garcia helped to launch Project CARE The San Juan County Health and Wellness His reputation for fairness and hard work preceeded his elevation to the federal bench after he observed, through his work as a phar- Center is an example of how one person can in 1993, for at that time he had already had macist at R.E. Thomas Hospital, that access make a difference. Because of AliceMarie’s unending determination, the quality of life for three decades of experience on the bench. to care, medication, and education was the Judge Ferguson has been an exceptional hundreds of people has been improved. The solution to longterm preventable illness. He role model and inspiration for young African- clinic began serving about 35 patients a month also realized that the patients who used the Americans interested in the law. He was a trail and now provides medical attention to 185 to most hospital resources were those who could blazer whose competence and wisdom set a not afford their prescription co-payments under 200 children and adults monthly, regardless of high standard for a profession that already has the county’s indigent care program. Mr. Garcia race, religion, ethnicity or financial means. In high standards. His death leaves a huge gap then began covering patient’s co-payments out addition, AliceMarie is proud of the fact that in our federal judiciary, in our community, and of his own paycheck before founding Project the center is also a resource facility that pro- in our hearts, for Judge Ferguson showed us CARE. vides valuable health care education and infor- all how good we can be. Mr. Garcia also established El Circulo de mation to the community. Over the years he has received numerous Hombres, a collaborative drug treatment AliceMarie Slaven-Emond is not only an ex- honors and accolades such as: Williams H. model approved by the Texas State Board of tremely caring and dedicated nurse practi- Hastie Award, ‘‘Courage and Scholarship in Pharmacy that features ‘‘platicas,’’ discussions tioner, but an extraordinary visionary and lead- Legal Writing’’, National Bar Association in which Latino men talk openly about health er. Having visited the clinic myself, I have ex- (2000) Distinguished Alumni Award, Howard issues and take control of their own care. perienced first hand the incredible work that is University University Law Alumni Association. The gentleman who nominated Mr. Garcia being accomplished. I am proud to recognize He was a member of the Church of Incarna- for the Community Health Leadership award AliceMarie today before my colleagues as a tion of Miami, Florida. There will forever be a put it best when he said, ‘‘Jose has a vision model of commitment to the betterment of the void in the pew where he stood every Sunday to improve access to health care alternatives human condition. I also extend my deep ap- and sang inspirational hymns. to the marginalized and disenfranchised of our preciation to her cofounders, staff and San The entire Miami-Dade community mourns community. He has successfully developed a Juan County citizens for helping to make a the loss of this humble and great man who cultural, linguistic, and social home for the dream a reality. As uninsured families con- overcame huge obstacles yet also did com- poor and uninsured.’’ tinue to increase at the rate of 13 percent this mon things uncommonly well. My prayers Mr. Speaker, Jose Garcia has demonstrated year alone, AliceMarie and the San Juan goes out to his wife, Miami-Dade Commis- tremendous leadership in meeting the urgent County Health and Wellness Center are help- sioner Betty Ferguson and his children, health needs of many in the El Paso commu- ing to fill the gap and are heroes in the truest Tawnicia Ferguson-Rowan and Wilkie III.

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.029 E10PT1 June 10, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1193 TRIBUTE TO COACH LOU GIANI Last week in Aqaba, Jordan, Ariel Sharon of Nebraska Medical Center. In 1974, he was and Palestinian Prime Minister Mahmoud appointed Assistant Professor of Medicine at HON. STEVE ISRAEL Abbas emerged from a joint meeting with the University of Connecticut and was pro- OF NEW YORK President Bush to pledge initial steps toward moted to Associate Professor in 1976. Dr. IN THE HOUSE OF REPRESENTATIVES the goals of ending violence and establishing Holsinger moved once again in 1978 to the a Palestinian state. University of Georgia, where he was ap- Tuesday, June 10, 2003 Abbas promised to end terrorism and the pointed Professor of Medicine and Anatomy Mr. ISRAEL. Mr. Speaker, I rise today to armed uprising against Israel. Sharon said and served as Assistant Dean in the College commend Coach Lou Giani of Huntington High Israel would ease controls on Palestinian of Medicine. In 1981, Dr. Holsinger was ap- School on his induction into the U.S. National areas, dismantle certain outposts and nego- pointed Professor of Medicine and Health Wrestling Hall of Fame. tiate in good faith toward creation of a Pales- Care Administration at the Medical College of Coach Giani is among the most successful tinian state alongside Israel. To worldwide ap- Virginia, where he was also appointed Assist- wrestling coaches in New York State history, preciation, Mr. Sharon has already begun dis- ant Vice President for Health Sciences in having compiled 388 victories in 34 seasons. mantling outposts and maintaining his commit- 1985. This past season Coach Giani and his Hun- ment to peace. We will continue to watch and Dr. Holsinger retired from the United States tington High School team won the New York hope that Mr. Abbas keeps his promise to end Army Reserve in 1993, after serving over 31 State team title—a remarkable eighth title for the terrorism and murder of innocent people. years. While part of the Army Reserve, Dr. Coach Giani. In addition to the team acco- In light of these agreements by both the Holsinger was assigned to the Joint Staff as lades, Huntington High School also had three Israelis and the Palestinian leadership, there is Assistant to the Director for Logistics in 1989 individual wrestlers win State Championships, no choice but to end all dealings with Arafat and promoted to Major General in 1990. Dr. increasing the career total of Coach Giani to and his terrorists. Holsinger served in the Department of Vet- a record 22 individual state champions. In rec- Arafat, who was rightly excluded from the erans Affairs for 26 years, beginning in 1968. ognition of these accomplishments, the Na- Aqaba summit by the U.S., is expected to try The culmination of his career was his appoint- tional Wrestling Coaches Association be- to reassert his influence. Looking at the history ment by the President of the United States as stowed on him the honor of ‘‘Coach of the of Arafat, one can only suspect he will order Chief Medical Director of the Veterans Health Year.’’ and organize another wave of terrorist vio- Administration in 1990. During his appoint- In addition to his service to Huntington High lence to destroy any hope for peace. Euro- ment, Dr. Holsinger became Undersecretary School and New York State, Coach Giani has pean diplomats told the United States last for Health and was reassigned as the Director served as an international ambassador for week that they would maintain contact with of the VA Medical Center in Lexington, Ken- wrestling. Having organized cultural exchange Arafat. tucky, in 1993. European leaders are aiding Arafat’s illegit- programs in both the Soviet Union and Po- Upon his retirement from his position as imate cause and are directly hurting the peace land, he has provided disadvantaged youth Chief Medical Director in 1994, Dr. Holsinger process by continuing to make this terrorist with the opportunity to learn wrestling from was awarded the position as Chancellor of the relevant. I call on the European leaders to fol- one of the sport’s best coaches. Albert B. Chandler Medical Center at the Uni- low President Bush’s lead and to stop dealing Beyond his service as a coach and inter- versity of Kentucky, where he was also the with Arafat, who is and never will be anything national teacher, Mr. Giani had an equally im- Chief Academic Officer. As Chancellor, Dr. more than a terrorist. pressive career as a wrestler. Having not Holsinger was responsible for planning, orga- begun to wrestle until his junior year of high f nizing, and coordinating the operations of the school, Mr. Giani went on to win ten New York ON RETIREMENT OF DR. JAMES W. colleges of Medicine, Nursing, Dentistry, Allied Athletic Club titles, a gold medal at the 1959 HOLSINGER, CHANCELLOR OF Health, Pharmacy, the School of Public Pan American Games and was given the ALBERT B. CHANDLER MEDICAL Health, four graduate centers, the University honor of representing the United States on the CENTER Hospital, the Children’s Hospital, and the Ken- 1960 Olympic Freestyle team. tucky Clinic. I commend Coach Lou Giani for his dedica- HON. ERNIE FLETCHER He also provided overall guidance and dition to the sport as well as his service to the OF KENTUCKY rection for the academic programs of the Med- students of Huntington High School and I con- IN THE HOUSE OF REPRESENTATIVES ical Center. Dr. Holsinger helped create the gratulate him on his induction into the U.S. Holsinger Professorship in Anatomy in 1998, Tuesday, June 10, 2003 National Wrestling Hall of Fame. to which he and his wife, Barbara, donated f Mr. FLETCHER. Mr. Speaker, Dr. James W. $65,000 this year. Holsinger Jr., Chancellor of the Albert B. Dr. Holsinger has set a positive example for PRAISE FOR PRESIDENT BUSH Chandler Medical Center at the University of future physicians by providing quality care to AND PRIME MINISTER ARIEL Kentucky will be retiring this month and I want his patients and service to his community. His SHARON to take this opportunity to pay tribute to this achievements and recognitions speak for exceptional physician. Dr. Holsinger is a distin- themselves. May God bless Jim and his wife HON. ERIC CANTOR guished member of his community and the Barbara. I wish them every happiness and OF VIRGINIA proud father of four daughters and the grand- success. IN THE HOUSE OF REPRESENTATIVES father of three boys. He has had an extensive f academic and administrative career. Tuesday, June 10, 2003 Dr. Holsinger began his academic career at ANTI-CONSUMER PRACTICES IN Mr. CANTOR. Mr. Speaker, I rise today to Duke University, receiving a B.A. from that un- PAYDAY LENDING NEED TO BE praise President Bush and Prime Minister Ariel dergraduate institution in 1960 and an M.D. CONTROLLED Sharon of Israel for never giving up hope that from its medical school in 1964. He then com- we can achieve peace in the Middle East. pleted a surgical internship, residency in gen- HON. BOBBY L. RUSH President Bush is a champion of peace and a eral surgery, and fellowship in thoracic surgery OF ILLINOIS leader that the world should rally around as he and anatomy at Duke. In 1968, Dr. Holsinger IN THE HOUSE OF REPRESENTATIVES works to bring tranquility to this troubled re- was awarded a Ph.D from Duke University gion. That is why European insistence on ne- with a major in anatomy and a minor in physi- Tuesday, June 10, 2003 gotiating with Yassir Arafat is so troubling. If ology. He then completed a residency in gen- Mr. RUSH. Mr. Speaker, I rise today to Europe is committed to peace, now more than eral surgery and a fellowship in cardiology at bring attention to some anti-consumer prac- ever, they must end their dealings with Yassir the Shands Teaching Hospital at the Univer- tices in the payday lending industry that need Arafat. sity of Florida. Dr. Holsinger continued his to be controlled. The payday lending industry Arafat is a terrorist who stalled the peace education in administration, attaining a mas- throws consumers into a perpetual state of process to further his personal agenda. No ter’s degree in Hospital Financial Management debt. They prey on the most vulnerable cus- one can doubt that Arafat ordered the murder from the University of South Carolina in 1981 tomers. of thousands of civilians while he stole billions and a B.A. in Human Studies from the Univer- During turbulent economic times like these, of dollars in humanitarian aid. Arafat has prov- sity of Kentucky in 1997. many Americans continue to look for inventive en he does not support peace, and as a re- In 1972, Dr. Holsinger was appointed As- ways to meet their financial obligations. Pay- sult, Europe should stop dealing with him. sistant Professor of Medicine at the University day loan companies provide short-term loans

VerDate Jan 31 2003 06:01 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.033 E10PT1 E1194 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2003 with high interest rates to consumers in dire Virginia, the Honorable Raymond Peak, who I ask my colleagues to join me in congratu- need of cash. After supplying verification of has served his fellow citizens for five decades. lating Mayor Raymond Peak on this great employment and proof of an active checking The Regional Intergovernmental Council, honor. account, consumers write a post-dated check whose mission is to assist local governments and walk out of the payday loan establishment and bring economic development to Kanawha, f with cash in hand. Consumers often prefer Putnam, Clay and Boone counties in West Vir- these loans because the credit history require- ginia, is dedicating its headquarters to honor HONORING JERE NEWMAN DAVIS ment imposed by traditional banks is waived. the service of Mayor Peak. Unfortunately, the consumers who most need It is altogether fitting that this wonderful new these quick cash loans are usually those least facility would carry his name. Raymond Peak HON. LINCOLN DAVIS able to repay the loans. The consumer is then is a leader who has always brought people to- subject to exceptionally high interest rates, gether to solve serious problems with a spirit OF TENNESSEE which range from 261 percent to 913 percent of cooperation and determination. IN THE HOUSE OF REPRESENTATIVES annually. He was first elected as Town Recorder in This is why I am introducing the Payday 1951, and has since been elected State Legis- Tuesday, June 10, 2003 Borrower Protection Act of 2003. The Payday lator, and Mayor of Hurricane for 40 years. His Borrower Protection Act of 2003 would provide progressive management skills have been the Mr. DAVIS of Tennessee. Mr. Speaker, I consumers who borrow from payday lenders force in development and construction of mil- rise today to pay tribute to the life and mem- much greater protection against high interest lions of dollars worth of modern water sys- ory of the former Mayor of Kimball, Ten- rates and exorbitant fees. My bill regulates tems, extensive improvements to Hurricane nessee, Jere Newman Davis. Mr. Davis, a and imposes some rational criteria on these City Park, and the wonderful new Hurricane dedicated husband, caring father, and re- loans, specifically addressing the exorbitant in- Municipal Complex. spected spokesman, passed away recently at terest rates. This legislation caps annual inter- He has also been a teacher, friend and the age of 76. Mr. Davis contributed to his est rates at 36 percent and prohibits any pay- counselor to thousands of young people in his community through every aspect of his life. As day lender from refinancing or rolling over 38 years in education. He was a noted band a veteran, he proudly served in the Korean loans. The bill also sets minimum national director, Student Council Advisor, and coach standards for state payday loan laws. for Hurricane High’s first girl’s basketball team. War. His creativity, patience, and precision al- It is my hope that this legislation will ensure In addition to his school ‘‘family,’’ Mayor Peak lowed him to excel in carpentry, and he that fair borrowing practices are offered to and his wife Gloria have two daughters and a blessed Kimball with his skills for many years. consumers. My bill will ensure the industry can son, and five active grandchildren. It is apparent that Mr. Davis’ family and values still stay afloat. At the same time, customers Raymond Peak has also fulfilled his commit- were a priority in his life. He was a dedicated do not overextend themselves financially. ment to community service as a volunteer, as member of the Kimball Church of Christ and f a Trustee of Putnam General Hospital, mem- left behind a wife, children, grandchildren, and TRIBUTE TO MAYOR OF HURRI- ber of the Putnam County Transportation great grandchildren. He applied the same rich CANE, WEST VIRGINIA, THE HON- Committee, Salvation Army Board and Amer- values that shaped his large family to suc- ORABLE RAYMOND PEAK ican Heart Association. With this dedication, the leadership and spir- cessfully lead Kimball as mayor for many it of Mayor Raymond Peak will guide the work years. Mr. Speaker, I am deeply honored to HON. SHELLEY MOORE CAPITO of the Regional Intergovernmental Council in pay tribute to Mr. Jere Newman Davis today. OF WEST VIRGINIA bringing infrastructure and jobs to our four His dedication and selflessness to his commu- IN THE HOUSE OF REPRESENTATIVES counties for generations to come. His commit- nity are examples to all who wish to lead. Ten- Tuesday, June 10, 2003 ment to a high quality of life and a bright fu- nessee will not forget Mr. Davis’ contribution. Mrs. CAPITO. Mr. Speaker, I rise today to ture for all West Virginians will truly be our in- pay tribute to the Mayor of Hurricane, West spiration.

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HIGHLIGHTS The House passed H.R. 2143, Unlawful Internet Gambling Funding Pro- hibition Act. Senate Withdrawn: Chamber Action Campbell/Domenici Amendment No. 864, to re- Routine Proceedings, pages S7561–S7649 place ‘‘tribal consortia’’ with ‘‘tribal energy resource Measures Introduced: Twelve bills and four resolu- development organizations’’. Page S7590 tions were introduced, as follows: S. 1218–1229, S. Pending: Res. 163–165, and S. Con. Res. 52. Pages S7618–19 Feinstein Amendment No. 876, to tighten over- Measures Passed: sight of energy markets. Pages S7590–94 Reid Amendment No. 877 (to Amendment No. Robert P. Hammer Post Office Building: Com- 876), to exclude metals from regulatory oversight by mittee on Governmental Affairs was discharged from the Commodity Futures Trading Commission. further consideration of H.R. 1625, to designate the Pages S7594–99 facility of the United States Postal Service located at A unanimous-consent request was granted permit- 1114 Main Avenue in Clifton, New Jersey, as the ting Senator Shelby to change his yea vote to a nay ‘‘Robert P. Hammer Post Office Building’’, and the vote on Vote No. 209 (adopted on June 5, 2003) bill was then passed, clearing the measure for the changing the outcome of the vote to 67 yeas to 29 President. Pages S7648–49 nays relative to Frist Amendment No. 850. Commending Bob Hope: Senate agreed to S. Res. Page S7576 165, commending Bob Hope for his dedication and A unanimous-consent agreement was reached pro- commitment to the Nation. Page S7649 viding for further consideration of the bill at 10 Energy Policy Act: Senate continued consideration a.m., on Wednesday, June 11, 2003. Page S7649 of S. 14, to enhance the energy security of the Nomination—Agreement: A unanimous-consent United States, taking action on the following agreement was reached providing for consideration of amendments proposed thereto: Pages S7665–99 the nomination of Richard C. Wesley, of New York, Adopted: to be United States Circuit Judge for the Second By 67 yeas to 32 nays (Vote No. 212), Dorgan Circuit, at 11 a.m., on Wednesday, June 11, 2003, Amendment No. 865, to require that the hydrogen with a vote to occur on confirmation of the nomina- commercialization plan of the Department of Energy tion. Page S7648 include a description of activities to support certain Appointments: hydrogen technology deployment goals. Pages S7674–75 Mexico-U.S. Interparliamentary Group: The By 99 yeas to 1 nay (Vote No. 213), Landrieu Chair, on behalf of the Vice President, pursuant to Amendment No. 871, to reduce the dependence of 22 U.S.C. 276h–276k, as amended, appointed the the United States on imported petroleum. following Senators as members of the Senate Delega- Pages S7575–76 tion to the Mexico-U.S. Interparliamentary Group Rejected: during the First Session of the 108th Congress: Sen- By 48 yeas to 50 nays, 1 responding present (Vote ators Frist, Alexander, and Cornyn. Page S7649 No. 214), Wyden Amendment No. 875, to strike Messages From the President: Senate received the the provision relating to deployment of new nuclear following messages from the President of the United power plants. Pages S7576–90 States: D632

VerDate Jan 31 2003 06:28 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10JN3.REC D10JN3 June 10, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D633 Transmitting, pursuant to law, the Periodic Re- Federal Public Transportation Assistance Programs— port on the National Emergency with Respect to the the Safe, Accountable, Flexible, and Efficient Trans- Risk of Nuclear Proliferation Created by the Accu- portation Equity Act of 2003 (SAFETEA), focusing mulation of Weapons-Usable Fissile Material in the on a framework to address transportation problems Territory of the Russian Federation; to the Com- of national significance, while giving state and local mittee on Banking, Housing, and Urban Affairs. transportation decisionmakers flexibility to solve (PM–37) Page S7606 problems in their communities, after receiving testi- Transmitting, pursuant to law, the report of the mony from Norman Y. Mineta, Secretary of Trans- continuation of the National emergency with respect portation; Jim Seal, consultant, Federal Transit Ad- to the risk of nuclear proliferation created by the ac- ministration, Department of Transportation; William cumulation of weapons-usable fissile material in the Millar, American Public Transportation Association, territory of the Russian Federation beyond June 21, and Robert Molofsky, Amalgamated Transit Union, 2003; to the Committee on Banking, Housing, and both of Washington, D.C.; Jeff Morales, California Urban Affairs. (PM–38) Pages S7606–07 Department of Transportation, Sacramento, on behalf of the American Association of State Highway and Messages From the House: Page S7607 Transportation Officials; and Harry W. Blunt, Jr., Measures Referred: Page S7607 Concord Coach Lines, Concord, New Hampshire, on Measures Placed on Calendar: Page S7607 behalf of the American Bus Association. Executive Communications: Page S7607 AUTHORIZATION—FEDERAL MOTOR CARRIER SAFETY PROGRAM Petitions and Memorials: Pages S7607–18 Committee on Commerce, Science, and Transportation: Additional Cosponsors: Pages S7619–21 Committee concluded hearings on proposed legisla- Statements on Introduced Bills/Resolutions: tion authorizing funds for the Federal Motor Carrier Page S7621 Safety Program, focusing on the Transportation Effi- Additional Statements: Pages S7604–43 ciency Act for the 21st Century (TEA–21), and the Motor Carrier Safety Improvement Act of 1999, after Amendments Submitted: Page S7644 receiving testimony from Annette Sandberg, Acting Authority for Committees to Meet: Pages S7647–48 Administrator, Federal Motor Carrier Safety Admin- Privilege of the Floor: Page S7648 istration, Department of Transportation; Douglas G. Duncan, FedEx Freight, Memphis, Tennessee, on be- Record Votes: Three record votes were taken today. half of the American Trucking Associations; LaMont (Total—214) Pages S7574–75, S7576, S7590 Byrd, International Brotherhood of Teamsters (AFL- Adjournment: Senate met at 9:30 a.m., and ad- CIO), and Joan Claybrook, Public Citizen, on behalf journed at 7:08 p.m., until 9:30 a.m., on Wednes- of Citizens for Reliable and Safe Highways, both of day, June 11, 2003. (For Senate’s program, see the Washington, D.C.; Peter Hurst, Ontario Ministry of remarks of the Acting Majority Leader in today’s Transportation, Ontario, Canada, and Paul Sullivan, Record on page S7649.) Massachusetts State Police, Framingham, both on behalf of the Commercial Vehicle Safety Alliance; and Committee Meetings Joseph M. Harrison, American Moving and Storage Association, Alexandria, Virginia. (Committees not listed did not meet) NATIONAL PARKS INTELLIGENCE MATTERS Committee on Energy and Natural Resources: Sub- Committee on Armed Services: Committee concluded committee on National Parks concluded hearings to closed hearings to examine certain intelligence pro- examine S. 499, to authorize the American Battle grams, after receiving testimony from Peter B. Teets, Monuments Commission to establish in the State of Under Secretary of the Air Force and Director, Na- Louisiana a memorial to honor the Buffalo Soldiers, tional Reconnaissance Office; Stephen A. Cambone, S. 546, to provide for the protection of paleontolog- Under Secretary of Defense for Intelligence; and ical resources on Federal lands, S. 643, to authorize Charles E. Allen, Assistant Director of Central Intel- the Secretary of the Interior, in cooperation with the ligence for Collection. University of New Mexico, to construct and occupy a portion of the Hibben Center for Archaeological SAFETEA Research at the University of New Mexico, S. 677, Committee on Banking, Housing, and Urban Affairs: to revise the boundary of the Black Canyon of the Committee concluded hearings to examine the Ad- Gunnison National Park and Gunnison Gorge Na- ministration’s proposal authorizing funds for the tional Conservation Area in the State of Colorado, S.

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1060 and H.R. 1577, bills to designate the visitor cluded hearings to examine the current regulatory center in Organ Pipe National Monument in Ari- and legal status of federal jurisdiction of navigable zona as the ‘‘Kris Eggle Visitor Center’’, H.R. 255, waters under the Clean Water Act, focusing on to authorize the Secretary of the Interior to grant an issues raised by the Supreme Court in Solid Waste easement to facilitate access to the Lewis and Clark Agency of Northern Cook County v. U.S. Army Corps of Interpretative Center in Nebraska City, Nebraska, Engineers No. 99–1178, and a related measure, S. and H.R. 1012, to establish the Carter G. Woodson 473, to amend the Federal Water Pollution Control Home National Historic Site in the District of Co- Act to clarify the jurisdiction of the United States lumbia, after receiving testimony from District of over waters of the United States, after receiving tes- Columbia Delegate Norton; D. Thomas Ross, Assist- timony from Senator Feingold; G. Tracy Mehan, As- ant Director, Recreation and Conservation, National sistant Administrator for Water, Environmental Pro- Park Service, and Christopher Kearney, Deputy As- tection Agency; George S. Dunlop, Deputy Assistant sistant Secretary for Policy, Management and Budg- Secretary of the Army for Policy and Legislation; et, both of the Department of the Interior; and Eliz- abeth Estill, Deputy Chief, Programs, Legislation Thomas L. Sansonetti, Assistant Attorney General, and Communications, Forest Service, Department of Environment and Natural Resources Division, De- Agriculture. partment of Justice; L. Michael Bogert, Counsel to Governor of Idaho, Boise; Richard Hamann, Univer- SUPREME COURT CASE: CLEAN WATER sity of Florida Levin College of Law, Gainesville; ACT JURISDICTION Robert J. Pierce, Wetland Training Institute, Inc., Committee on Environment and Public Works: Sub- Glenwood, New Mexico; and Scott Yaich, Ducks committee on Fisheries, Wildlife, and Water con- Unlimited, Inc., Memphis, Tennessee.

VerDate Jan 31 2003 06:28 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10JN3.REC D10JN3 June 10, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D635 House of Representatives culture Biotechnology: H. Res. 252, expressing the Chamber Action sense of the House of Representatives supporting the Measures Introduced: 18 public bills, H.R. United States in its efforts within the World Trade 2397–2414; 1 private bill, H.R. 2415; and 5 resolu- Organization (WTO) to end the European Union’s tions, H. Con. Res. 214, and H. Res. 264, 266–268 protectionist and discriminatory trade practices of were introduced. Pages H5173–74 the past five years regarding agriculture bio- Additional Cosponsors: Pages H5174–75 technology (agreed to by 2⁄3 yea-and-nay vote of 339 Reports Filed: Reports were filed today as follows: yeas to 80 nays, Roll No. 256); Pages H5106–16, H5153 H. Res. 265, providing for consideration of H.R. Patsy Takemoto Mink Post Office Building, 2115, to amend title 49, United States Code, to re- Paia, Maui, Hawaii: H.R. 2030, to designate the authorize programs for the Federal Aviation Admin- facility of the United States Postal Service located at istration (H. Rept. 108–146); and 120 Baldwin Avenue in Paia, Maui, Hawaii, as the H.R. 2122, to enhance research, development, ‘‘Patsy Takemoto Mink Post Office Building’’; and procurement, and use of biomedical countermeasures Pages H5120–27 to respond to public health threats affecting national security (H. Rept. 108–147). Page H5173 Cesar Chavez Post Office, Chicago, Illinois: H.R. 925, to redesignate the facility of the United States Speaker Pro Tempore: Read a letter from the Postal Service located at 1859 South Ashland Ave- Speaker wherein he appointed Representative nue in Chicago, Illinois, as the ‘‘Cesar Chavez Post Boozman to act as Speaker Pro Tempore for today. Office’’. Pages H5127–29 Page H5091 Guest Chaplain: The prayer was offered by the Rev. Proceedings Postponed—Recognizing the Sig- Phillip Kaim of the Diocese of Rockford, Illinois. nificant Accomplishment of Sequencing the Page H5097 Human Genome and Celebrating Human Ge- nome Month and DNA Day: The House com- Recess: The House recessed at 11:25 p.m. and re- pleted debate on the motion to suspend the rules convened at 12 noon. Page H5097 and agree to H. Con. Res. 110, recognizing the se- Suspensions: The House agreed to suspend the rules quencing of the human genome as one of the most and pass the following measures: significant scientific accomplishments of the past one Prevention of Sexual Assault in the United hundred years and expressing support for the goals States and Supporting the Goals and Ideals of Na- and ideals of Human Genome Month and DNA tional Sexual Assault Awareness and Prevention Day. Further proceedings were postponed until Month: S.J. Res. 8, expressing the sense of Congress Wednesday, June 11. Pages H5116–20 with respect to raising awareness and encouraging Unlawful Internet Gambling Funding Prohibi- prevention of sexual assault in the United States and tion Act: The House passed H.R. 2143, to prevent supporting the goals and ideals of National Sexual the use of certain bank instruments for unlawful Assault Awareness and Prevention Month; Internet gambling, by yea-and-nay vote of 319 yeas Pages H5100–02 to 104 nays, Roll No. 255. Pages H5136–53 Involuntary Bankruptcy Improvement Act: H.R. Agreed to: 1529, to amend title 11 of the United States Code Kelly amendment no. 1 printed in H. Rept. with respect to the dismissal of certain involuntary 108–145 that adds a new section stating that no cases; Pages H5103–04 provision shall be construed as changing or affecting Standards Development Organization Advance- any law relating to gambling within the United ment Act: H.R. 1086, amended, to encourage the States; Page H5146 development and promulgation of voluntary con- Rejected: sensus standards by providing relief under the anti- Jackson-Lee amendment no. 2 printed in H. Rept. trust laws to standards development organizations 108–145 that sought to remove the ban on the use with respect to conduct engaged in for the purpose of credit cards for internet gambling; and of developing voluntary consensus standards; Pages H5146–48 Pages H5104–06 Sensenbrenner amendment no. 3 printed in H. Urging the WTO to End the European Union’s Rept. 108–145 that sought to remove exceptions for Discriminatory Trade Practices Against Agri-

VerDate Jan 31 2003 06:28 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10JN3.REC D10JN3 D636 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 2003 lawful transactions with a business licensed or au- Adjournment: The House met at 10:30 p.m. and thorized by a State including Horse racing, dog rac- adjourned at 9:35 p.m. ing, Jai Alai, and state run lotteries (rejected by recorded vote of 186 ayes to 237 noes, Roll No. 254). Pages H5148–52 Committee Meetings H. Res. 263, the rule that provided for consider- TEACHER RECRUITMENT AND RETENTION ation of the bill was agreed to by recorded vote of ACT; READY TO TEACH ACT 259 ayes to 158 noes, Roll No. 253. Earlier agreed Committee on Education and Labor: Ordered reported, to order the previous question by yea-and-nay vote as amended, the following bills: H.R. 438, Teacher of 222 yeas to 196 nays, Roll No. 252. Recruitment and Retention Act of 2003; and H.R. Pages H5129–36 2211, Ready to Teach Act. The Clerk was authorized to make technical corrections and conforming changes in the engrossment NATURAL GAS SUPPLY AND DEMAND of the bill. Page H5154 ISSUES Congressional-Executive Commission on the Peo- Committee on Energy and Commerce: Held a hearing en- ple’s Republic of China: The Chair announced the titled ‘‘Natural Gas Supply and Demand Issues.’’ Speaker’s appointment of Representatives Levin, Testimony was heard from Guy F. Caruso, Adminis- Kaptur, and Brown of Ohio to the Congressional-Ex- trator, Energy Information Administration, Depart- ecutive Commission on the People’s Republic of ment of Energy; Alan Greenspan, Chairman, Board China. Page H5154 of Governors, Federal Reserve System; Donald L. Presidential Messages: Read the following mes- Mason, Commissioner, Public Utilities Commission, sages from the President: State of Ohio; and public witnesses. Periodic Report on the National Emergency re FINANCING EMPLOYEE OWNERSHIP the Accumulation of Weapon-Usable Fissile Mate- PROGRAMS: AN OVERVIEW rial in the Territory of the Russian Federation: Committee on Financial Services: Subcommittee on Fi- Message wherein he transmitted a 6 month periodic nancial Institutions and Consumer Credit held a report on the national emergency with respect to the hearing on Financing Employee Ownership Pro- risk of nuclear proliferation created by the accumula- grams: An Overview. Testimony was heard from tion of weapons-usable fissile material in the terri- public witnesses. tory of the Russian Federation that was declared in Executive Order 13159 of June 21, 2000—referred SECTION 8 HOUSING ASSISTANCE to the Committee on International Relations and or- PROGRAM dered printed (H. Doc. 108–83); and Page H5154 Committee on Financial Services: Subcommittee on Continuation of the National Emergency re the Housing and Community Opportunity continued Accumulation of a Large Volume of Weapons-Usa- hearings on ‘‘The Section 8 Housing Assistance Pro- ble Fissile Material in the Territory of the Rus- gram: Promoting Decent Affordable Housing for sian Federation: Message wherein he transmitted a Families and Individuals Who Rent.’’ Testimony was notice stating that it is necessary to continue the na- heard from R.E. Duncan, Chairman, Topeka Hous- tional emergency declared with respect to the accu- ing Authority, Kansas; Tino Hernandez, Chairman, mulation of a large volume of weapons-usable fissile New York City Housing Authority, New York; and material in the territory of the Russian Federation public witnesses. and maintain in force these emergency authorities to respond to this threat—referred to the Committee OVERSIGHT—QUALITY OF FINANCIAL on International Relations and ordered printed (H. INFORMATION AT USDA AND EDUCATION Doc. 108–84). Page H5154 DEPARTMENT Senate Message: Message received from the Senate Committee on Government Reform, Subcommittee on today appears on page H5091. Government Efficiency and Financial Management held an oversight hearing on ‘‘Fixing the Financials- Referral: H. Con. Res. 49 was held at the desk. Featuring USDA and Education.’’ Testimony was Quorum Calls—Votes: Three yea and nay votes and heard from Edward McPherson, Chief Financial Offi- two recorded votes developed during the proceedings cer, USDA; Jack Martin, Chief Financial Officer, De- of the House today and appear on pages H5134–35, partment of Education; and the following officials of H5135–36, H5151–52, H5152–53, and H5153. the GAO: McCoy Williams, and Linda Calbon, both There were no quorum calls. Directors of Financial Management and Assurance.

VerDate Jan 31 2003 06:28 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10JN3.REC D10JN3 June 10, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D637 GEOSPATIAL INFORMATION H.R. 2115, Flight 100, Century of Aviation Reau- Committee on Government Reform: Subcommittee on thorization Act, equally divided and controlled by Technology, Information Policy, Intergovernmental the chairman and ranking minority member of the Relations and the Census held an oversight hearing Committee on Transportation and Infrastructure. entitled ‘‘Geospatial Information: A Progress Report The rule waives all points of order against consider- on Improving Our Nation’s Man-Related Data Infra- ation of the bill. The rule makes in order the structure.’’ Testimony was heard from Mark A. amendment in the nature of a substitute rec- Forman, Administrator, E-Government and Informa- ommended by the Committee on Transportation and tion Technology, OMB; Scott J. Cameron, Deputy Infrastructure, as modified by the amendment print- Assistant Secretary, Performance and Management, ed in part A of the report of the Committee on Department of Interior and Chairman, Geospatial Rules accompanying the resolution, as an original One-Stop Board of Directors; Linda D. Koontz, Di- bill for the purpose of amendment. The rule waives rector, Information Management, GAO; Susan W. all points of order against the amendment in the na- Kalweit, Chairman, Interagency Geospatial Prepared- ture of substitute. The rule makes in order only ness Team, FEMA, Department of Homeland Secu- those amendments printed in part B of the report. rity; and public witnesses. The rule provides that amendments printed in part RENEWING OPIC AND REVIEWING ITS B of the report may be offered only in the order ROLE IN SUPPORT OF U.S. FOREIGN printed in the report, may be offered only by a POLICY PRIORITIES Member designated in the report shall be considered Committee on International Relations: Held a hearing on as read, shall be debatable for the time specified in Renewing OPIC and Reviewing Its Role in Support the report equally divided and controlled by the proof Key U.S. Foreign Policy Priorities Testimony was ponent and an opponent, shall not be subject to heard from Peter S. Watson, President and CEO, amendment, and shall not be subject to a demand Overseas Private Investment Corporation (OPIC); for a division of the question in the House or in the and public witnesses. Committee of the Whole. The rule waives all points of order against the amendments printed in the re- BURMESE FREEDOM AND DEMOCRACY ACT; PEOPLE’S REPUBLIC OF CHINA port. Finally, the rule provides one motion to recom- RELEASE DR. YANG JIANLI; SOUTHEAST mit with or without instructions. Testimony was ASIA—RECENT DEVELOPMENTS heard from Chairman Young of Alaska and Rep- resentatives Mica, Shuster, Cunningham, Manzullo, Committee on International Relations: Subcommittee on McHugh, Gibbons, Peterson of Pennsylvania, Ober- East Asia and the Pacific approved for full Com- star, Delegate Norton, and Representatives Mathe- mittee the following measures: H.R. 2330, Burmese son, Carson, Moran of Virginia, Waters, and Jack- Freedom and Democracy Act of 2003; and H. Res. son-Lee of Texas. 199, amended, calling on the Government of the People’s Republic of China immediately and uncon- FUTURE OF UNIVERSITY NUCLEAR ditionally to release Dr. Yang Jianli, calling on the President of the United States to continue working SCIENCE AND ENGINEERING PROGRAMS on behalf of Dr. Yang Jianli for his release Committee on Science: Subcommittee on Energy held a The Subcommittee also held a hearing on Recent hearing on The Future of University Nuclear Science Developments in Southeast Asia. Testimony was and Engineering Programs. Testimony was heard heard from public witnesses. from Gail H. Marcus, Principal Deputy Director, COOPERATIVE RESEARCH AND Office of Nuclear Energy, Science and Technology, TECHNOLOGY ENHANCEMENT (CREATE) Department of Energy; and public witnesses. ACT OVERSIGHT—NEW TECHNOLOGIES IN Committee on the Judiciary: Subcommittee on Courts, the Internet and Intellectual Property held a hearing RAILROAD SAFETY on the H.R. 2391, Cooperative Research and Tech- Committee on Transportation and Infrastructure: Sub- nology Enhancement (CREATE) Act of 2003. Testi- committee on Railroads held an oversight hearing on mony was heard from public witnesses. New Technologies in Railroad Safety. Testimony was FLIGHT 100—CENTURY OF AVIATION heard from Jo Strang, Deputy Associate Adminis- REAUTHORIZATION ACT trator, Railroad Development, Federal Railroad Ad- ministration, Department of Transportation; and Committee on Rules: Granted, by voice vote, a struc- public witnesses. tured rule providing one hour of general debate on

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VETERANS DEPARTMENT Committee on Health, Education, Labor, and Pensions: business meeting to consider S. 648, to amend the Public Committee on Veterans’ Affairs: Concluded hearings on Health Service Act with respect to health professions pro- past and present efforts to identify and eliminate grams regarding the practice of pharmacy, and S. 1225, fraud, waste, abuse and mismanagement in programs Greater Access to Affordable Pharmaceuticals Act, and administered by the Department of Veterans Affairs. the nomination of Anne Rader, of Virginia, to be a Mem- Testimony was heard from the following officials of ber of the National Council on Disability, 10 a.m., the Department of Veterans Affairs: Leo S. Mackay, SD–430. Jr., Deputy Secretary; and Robert H. Roswell, M.D., Committee on Indian Affairs: to hold hearings to examine Under Secretary, Health. the nomination of Charles W. Grim, of Oklahoma, to be Director of the Indian Health Service, Department of U.S. BILATERAL FREE TRADE AGREEMENTS Health and Human Services, to be followed by hearings WITH CHILE AND SINGAPORE on S. 1146, to implement the recommendations of the IMPLEMENTATION Garrison Unit Tribal Advisory Committee by providing authorization for the construction of a rural health care Committee on Ways and Means: Subcommittee on facility on the Fort Berthold Indian Reservation, North Trade held a hearing on Implementation of the U.S. Dakota, 10 a.m., SR–485. Bilateral Free Trade Agreements with Chile and Committee on the Judiciary: to hold hearings to examine Singapore. Testimony was heard from Representa- the nominations of William H. Pryor, Jr., of Alabama, tives Sessions and Biggert; Peter F. Allgeier, Deputy to be United States Circuit Judge for the Eleventh Cir- U.S. Trade Representative; and public witnesses. cuit, and Diane M. Stuart, of Utah, to be Director of the Violence Against Women Office, Department of Justice, Joint Meetings 9:30 a.m., SD–G50. INTERNALLY DISPLACED PERSONS House Commission on Security and Cooperation in Europe (Hel- Committee on Appropriations, Subcommittee on Military sinki Commission): Commission concluded hearings to Construction, to mark up appropriations for fiscal year 2004, 10:30 a.m., B–300 Rayburn. examine internally displaced persons in the Caucasus Committee on Education and the Workforce, to mark up Region and Southeastern Anatolia, after receiving H.R. 660, Small Business Fairness Act of 2003, 10:30 testimony from Francis M. Deng, United Nations, a.m., 2175 Rayburn. and Nicolas Dee Torrente, Doctors Without Borders, Committee on Energy and Commerce, Subcommittee on both of New York, New York; Roberta Cohen, Commerce, Trade and Consumer Protection, hearing enti- Brookings Institution, and Maureen Lynch, Refugees tled ‘‘The Reauthorization of the Federal Trade Commis- International, both of Washington, D.C.; and Jona- sion: Positioning the Commission for the Twenty-First than Sugden, Human Rights Watch, London, Eng- Century,’’ 10 a.m., 2123 Rayburn. land. Subcommittee on Telecommunications and the Inter- net, hearing on entitled ‘‘The Spectrum Needs of Our f Nation’s First Responders,’’ 11 a.m., 2322 Rayburn. COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Financial Services, Subcommittee on Do- JUNE 11, 2003 mestic and International Monetary Policy, Trade, and Technology, hearing entitled ‘‘Matching Capital and Ac- (Committee meetings are open unless otherwise indicated) countability—The Millennium Challenge Account,’’ 10 a.m., 2128 Rayburn. Senate Committee on Government Reform, Subcommittee on Tech- Committee on Appropriations: Subcommittee on Labor, nology, Information Policy, Intergovernmental Relations Health and Human Services, and Education, to resume and the Census, to consider the following: The Citizen’s hearings to examine health care access and affordability, Guide on Using the Freedom of Information Act and The focusing on the effect of uninsurance on families, health Privacy Act of 1974 to Request Government Records, 2 care providers and communities, 9:30 a.m., SD–124. p.m., 2154 Rayburn. Subcommittee on District of Columbia, to hold hear- Committee on International Relations, hearing on The ings to examine the District of Columbia’s local budget Middle East Peace Process at a Crossroads; followed by a request, 10 a.m., SD–192. markup of H. Con. Res. 209, commending the signing Committee on Commerce, Science, and Transportation: Sub- of the United States-Adriatric Charter, a charter of part- committee on Competition, Foreign Commerce, and In- nership among the United States, Albania, Croatia, and frastructure, to hold hearings to examine reauthorization Macedonia, 10:30 p.m., 2172 Rayburn. of the Federal Trade Commission, 2:30 p.m., SR–253. Subcommittee on Europe, hearing on Renewing the Committee on Governmental Affairs: Permanent Sub- Transatlantic Partnership: A View From the United committee on Investigations, to hold hearings to examine States, 1:30 p.m., 2172 Rayburn.

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Subcommittee on Western Hemisphere, hearing on Committee on Veterans’ Affairs, Subcommittee on Bene- Overview of Radio and Television Marti, 2:30 p.m., 2200 fits, hearing on the following bills: H.R. 886, to amend Rayburn. title 38, United States Code, to provide for the payment Committee on Resources, to mark up the following meas- of dependency and indemnity compensation to the sur- ures: H. Con. Res. 21, commemorating the Bicentennial vivors of former prisoners of war who died on or before of the Louisiana Purchase; H. Res. 30, concerning the San September 30, 1999, under the same eligibility condi- Diego long-range sportfishig fleet and rights to fish the tions as apply to payment of dependency and indemnity waters near the Revillagigedo Islands of Mexico; H.R. 74, compensation to the survivors of former prisoners of war to direct the Secretary of Agriculture to convey certain who die after that date; H.R. 1167, to amend title 38, land in the lake Tahoe Basin Management Unit, Nevada, United States Code, to permit remarried surviving to the Secretary of the Interior, in trust for the Washoe spouses of veterans to be eligible for burial in a national Indian Tribe of Nevada and California; H.R. 272, to di- cemetery; H.R. 1500, Veterans’ Appraiser Choice Act; rect the Secretary of Agriculture to convey certain land H.R. 1516, to direct the Secretary of Veterans Affairs to to Lander Counter, Nevada, and the Secretary of the Inte- establish a national cemetery for veterans in southeastern rior to convey certain land to Eureka County, Nevada, for Pennsylvania; and H.R. 2163, to amend title 38, United continued use as cemeteries; H.R. 901, to authorize the States Code, to exclude the proceeds of life insurance Secretary of the Interior to construct a bridge on Federal from consideration as income for purposes of determining land west of and adjacent to Folsom Dam in California; veterans’ pension benefits, 10:30 a.m., 334 Cannon. H.R. 1113, to authorize an exchange of land at Fort Subcommittee on Health, hearing on the following: Frederica National Monument; H.R. 1209, to extend the H.R. 1720, Veterans Health Care Facilities Capital Im- authority for the construction of a memorial to Martin provement Act; a measure to authorize specific major Luther King, Jr., in the District of Columbia; H.R. medical construction projects in Las Vegas, Chicago 1284, to amend the Reclamation Projects Authorization Westside, West Haven, San Diego, and a lease at the and Adjustment Act of 1992 to increase the Federal share Charlotte NC outpatient clinic; H.R. 116, Veterans’ New of the costs of the San Gabriel Basin demonstration Fitzsimons Health Care Facilities Act of 2003; and other project; and H.R. 1945, Pacific Salmon Recovery Act, 10 measures to authorize the Secretary of Veterans Affairs to a.m., 1324 Longworth. Committee on Rules, to consider H.R. 1115, Class Action carry out construction projects for the purpose of improv- Fairness Act of 2003, 2 p.m., H–313 Capitol. ing, renovating, establishing, and updating patient care Committee on Science, Subcommittee on Space and Aero- facilities in the Department of Veterans Affairs, 2 p.m., nautics, hearing on U.S.-Russian Cooperation in Space, 2 334 Cannon. p.m., 2318 Rayburn. Committee on Ways and Means, Subcommittee on Committee on Small Business, hearing entitled ‘‘Revital- Human Resources, hearing on the Administration’s Foster izing America’s Manufacturers: SBA Business and Enter- Care Flexible Funding Proposal, 2 p.m., B–318 Rayburn. prise Development Programs,’’ 2 p.m., 2360 Rayburn. Committee on Transportation and Infrastructure, Sub- Joint Meetings committee on Water Resources and Environment, hearing Joint Economic Committee: to hold joint hearings to ex- on EPA Grants Management: Persistent Problems and amine issues relating to Iraq’s economy, 9:30 a.m., Proposed Solutions, 10 a.m., 2167 Rayburn. SD–628.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 11 10 a.m., Wednesday, June 11

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of suspensions: morning business (not to extend beyond 10 a.m.), Senate (1) H.R. 1320, Commercial Spectrum Enhancement will continue consideration of S. 14, Energy Policy Act. Act; and At 11 a.m., Senate will begin consideration of the (2) H.R. 2350, Temporary Assistance for Needy Fami- nomination of Richard C. Wesley, of New York, to be lies Block Grant Reauthorization; and United States Circuit Judge for the Second Circuit, with Consideration of H.R. 2115, Flight 100—Century of a vote to occur on confirmation of the nomination; fol- Aviation Reauthorization (structured rule, one hour of de- lowing which, Senate will continue consideration of S. 14 bate). (listed above).

Extensions of Remarks, as inserted in this issue

HOUSE Emanuel, Rahm, Ill., E1185, E1186, E1187 Pallone, Frank, Jr., N.J., E1188 Fletcher, Ernie, Ky., E1193 Payne, Donald M., N.J., E1191 Bell, Chris, Tex., E1186, E1187 Gallegly, Elton, Calif., E1190 Rangel, Charles B., N.Y., E1188 Camp, Dave, Mich., E1189 Israel, Steve, N.Y., E1193 Reyes, Silvestre, Tex., E1192 Cantor, Eric, Va., E1193 Jones, Stephanie Tubbs, Ohio, E1190 Rogers, Mike, Ala., E1190 Capito, Shelley Moore, W.Va., E1194 McGovern, James P., Mass., E1191 Davis, Danny K., Ill., E1185, E1187 Markey, Edward J., Mass., E1190 Rush, Bobby L., Ill., E1193 Davis, Lincoln, Tenn., E1194 Meek, Kendrick B., Fla., E1192 Towns, Edolphus, N.Y., E1185, E1186, E1187, E1188, Davis, Tom, Va., E1185, E1186 Moran, James P., Va., E1188 E1189, E1190, E1191 DeGette, Diana, Colo., E1191 Neal, Richard E., Mass., E1189 Udall, Tom, N.M., E1192

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