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, WEDNESDAY, FEBRUARY 12, 2003 No. 26 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, TRUSTING REPUBLICAN The Reverend Wayne Jenkins, Pas- indivisible, with liberty and justice for all. PRINCIPLES TO CHANGE AMERICA tor, First Baptist Church, Alexandria, (Mr. DELAY asked and was given per- Virginia, offered the following prayer: f mission to address the House for 1 Dear Father, I lift to You the Mem- minute and to revise and extend his re- bers of Congress, their staff members, THE REVEREND WAYNE JENKINS marks.) their spouses and their children. I pray Mr. DELAY. Mr. Speaker, America’s that You draw them into personal rela- (Mr. CARSON of Oklahoma asked and was given permission to address the success in reforming the dysfunctional tionship with You today. Reveal Your- welfare system during the mid-1990s is self to them. Fill them with Your Holy House for 1 minute and to revise and extend his remarks.) one of our House Republican majority’s Spirit. proudest hours. We reached out with By the authority of Jesus Christ, cast Mr. CARSON of Oklahoma. Mr. the hand of hope to millions of Ameri- out all dark and evil spirits. Allow no Speaker, it is a great pleasure today to cans who lost control of their own des- influence to come near to them except welcome Pastor Wayne Jenkins from tinies as they fell, trapped within the that which is first filtered through the First Baptist Church of Alexandria, grip of a destructive Federal-funded light of Your Son, Jesus Christ. Cover Virginia, as our guest chaplain. life-style of apathy and ambivalence. them with the blood of Christ. Seal Pastor Jenkins has served as the Pas- Welfare reform gave millions of fami- them with the cross of Christ. Redeem tor for Education and Married Adults lies a powerful message of inspiration them by Your grace. Transform them for 8 years. His wife of 34 years, Caro- and achievement. They had not been by Your power. Teach them by Your lyn Jenkins, is the Minister of Edu- written off. They were not trapped be- wisdom. Unite them by Your love. Lead cation at Downtown Baptist Church in hind. They were not the perpetual pris- them by Your purpose. Focus them on Alexandria, and they have two adult oners of perverse incentives. Your vision. Remind them of their children, Rand Jenkins who works with Our House Republican majority said, total dependence upon You. Sustain the Baptist General Convention of Your American dream is alive and we them by Your word. Sanctify them for Texas and lives in Fort Worth with his appeal to each of you to discover your Your Holy Service. Encourage them by wife, Denise, and Clare Jenkins, who passion and follow your heart. Millions Your counsel. Protect them by Your serves on my staff as a legislative as- of formerly dependent people seized the sovereignty. sistant. challenge. They lifted their family to Father, I entrust them to You and I A man of strong faith, members of security, stability, and they discovered pray this prayer through Your Son, his church and community recognize the inherent nobility of work, all types Jesus Christ. In the name of the Father Pastor Jenkins as a wise spiritual lead- of work. There is virtue in hard work and the Son and the Holy Spirit, Amen. er and encourager. As Pastor of Edu- of any kind. A job done well earns our f cation and Married Adults, Pastor Jen- respect in any arena. THE JOURNAL kins enjoys a wide range of ministry at This success also taught Republicans First Baptist and impacts lives The SPEAKER. The Chair has exam- a potent lesson. When we trust our through counseling, teaching and ined the Journal of the last day’s pro- principles, they work. By applying Re- preaching. Pastor Jenkins leads a ceedings and announces to the House publican principles to social policy, we growing ministry for developing Chris- his approval thereof. demonstrated that our approach works tians, starting 40 new Bible study Pursuant to clause 1, rule I, the Jour- even better in practice than it ap- classes in 5 years and baptizing 82 into nal stands approved. peared on paper or theory. And our the faith last year. Throughout his ca- principles will work just as well when f reer of over 30 years, Pastor Jenkins we apply them to many of the other PLEDGE OF ALLEGIANCE has demonstrated consistent church difficult social problems that are di- The SPEAKER. Will the gentleman leadership and a passion for God’s serv- minishing young lives, straining fami- from Oklahoma (Mr. CARSON) come for- ice. lies, and weakening our broader soci- ward and lead the House in the Pledge Admired by his parishioners and ety. of Allegiance. loved by his family, it is my pleasure We need to be confident. We need to Mr. CARSON of Oklahoma led the to introduce Pastor Jenkins today, and engage our Republican approach to in- Pledge of Allegiance as follows: I thank him for giving us a wonderful dividual empowerment across the full I pledge allegiance to the Flag of the word to start our business this morn- spectrum of problems that we are con- United States of America, and to the Repub- ing. fronting as a country. And we need 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 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.000 H12PT1 H396 CONGRESSIONAL RECORD — HOUSE February 12, 2003 guard against the erosion of the impor- Thousands of Elder faithful flocked from Orlando to Los Angeles. When I tant principles that are turning lives to Fawcett Stadium to urge the Pan- did this last night, I found nine dif- around in cities, counties and States thers to victory. Those who could not ferent flights that cost less than the from north to south, ocean to ocean. make the cross-State trip sat glued to average per-passenger loss the Federal Specifically, we have to promote their TVs, hanging onto every play. Government subsidizes on the Amtrak work to foster independence; improve From the opening kickoff to the game- Sunset long-haul route. To put it sim- young lives by lifting children from the saving defensive stand, fans were ply, the government would save money grip of poverty; strengthen families by thrilled by the championship effort and if we bought a plane ticket for every fostering respect for the institution of heart displayed by the young men from person taking the Sunset Limited from marriage; and finally, to boost the for- Elder. Orlando to Los Angeles. tunes of every single American by Mr. Speaker, Elder’s hard-fought and Mr. Speaker, our country is at war unleashing a broad economic expansion inspiring victory has brought pride and with terrorism and may soon have to that will spread opportunity to every honor to Price Hill, and to our entire go to war with Iraq. Our economy is willing worker. community. Football fans throughout slowly recovering from the double Mr. Speaker, that is our dream for the Cincinnati area congratulate the whammy of recession and the 9/11 at- the people of this country, fulfilling Panthers and share in their celebra- tacks. There are tough choices to be America’s promise for every man, tion. As a former LaSalle Lancer my- made and scarce resources available woman and child. self, let me conclude by saying, Go from which to fund our key priorities. f Panthers. We cannot continue to provide unac- SUPPORT DEMOCRATIC SUB- f countable and never-ending sums of money for Amtrak, a system which re- STITUTE OF H.R. 4, PERSONAL RESOLUTION OF INQUIRY RESPONSIBILITY, WORK AND fuses to reform itself. (Mr. KUCINICH asked and was given FAMILY PROMOTION ACT OF 2003 f permission to address the House for 1 (Ms. LORETTA SANCHEZ of Cali- minute and to revise and extend his re- TRIBUTE TO COACH ROBERT fornia asked and was given permission marks.) HUGHES to address the House for 1 minute and Mr. KUCINICH. Mr. Speaker, this (Mr. FROST asked and was given per- to revise and extend her remarks.) morning I will be introducing a resolu- Ms. LORETTA SANCHEZ of Cali- mission to address the House for 1 tion of inquiry which demands the fornia. Mr. Speaker, I rise today to minute and to revise and extend his re- President transmit to the House of comment on H.R. 4, the Personal Re- marks.) Representatives the complete Iraqi sponsibility, Work, and Family Pro- Mr. FROST. Mr. Speaker, I rise today declaration on its weapons of mass de- motion Act of 2003 and to voice my sup- to pay tribute to Coach Robert Hughes struction, that was provided to the port for the Democratic substitute. of Dunbar High School in Fort Worth, The Republican bill is an unfunded United Nations on December 7, 2002. one of the greatest legends in Texas mandate for the States. H.R. 4 will cost If the administration is intent on sports history. the States a total of $11.1 billion, with taking this country into a war, I be- Last night, before 7,000 fans, Coach my State, California, being hit the lieve it is incumbent upon them to Hughes earned his 1,275th win, sur- hardest with almost $2.5 billion. make the document which was por- passing legendary Coach Morgan In contrast, the Democratic bill prop- trayed as evidence of an Iraqi threat Wooten of DeMatha High School in erly funds employment services and available for all to evaluate. As of Maryland, to become the winningest quality child care for families. The today, neither Congress nor the media high school boys basketball coach in Democratic bill would replace the cur- nor the American people have seen the U.S. history. During that time, his rent caseload reduction credit with an full Iraqi declaration of weapons of team has lost just 248 games. employment credit, which means we mass destruction. Instead, we have Coach Hughes’ remarkable career would reward States for moving people only heard interpretations of the docu- began almost half a century ago, in into jobs, not just off the welfare rolls. ment from the White House and the 1958, at I.M. Carroll High School in Finally, the Democratic proposal en- United Nations. Fort Worth. Coach Hughes won his first sures fairness for legal immigrant fam- Let the American people and we, State championship in 1963. More State ilies. It removes the 5-year ban on their elected Representatives, who titles would follow in 1965, 1967, and States to help legal immigrants with under our Constitution have the power 1993. Coach Hughes has been coaching Federal TANF funds, Medicaid services to declare war, determine the justifica- for Dunbar since 1973, and he continues for pregnant women and children, and tion for war, let the primary docu- to serve as a role model for young play- SSI benefits for disabled children. ments be transmitted in their complete ers and students who take pride in call- Mr. Speaker, speaking as a daughter and unedited form and be brought to ing themselves Wildcats. of immigrants who are now U.S. citi- the light of day. After more than 20 district titles, zens, it is un-American to enact laws Mr. Speaker, the American people Coach Hughes clearly is not finished that discriminate against those who have the right to see this information. yet. Last night Dunbar earned its come here legally looking for a chance Congress has the right to see this infor- fourth consecutive Texas Division 7–4A to start a new life. mation, and the administration has an basketball title and is off to the play- f obligation to show it before sending offs. His team is 39–1 this year. any of our sons and daughters into bat- It is a pleasure to honor Coach CONGRATULATING ELDER HIGH tle. SCHOOL FOOTBALL TEAM Hughes. Go Wildcats in the playoffs. f (Mr. CHABOT asked and was given f DERAIL AMTRAK FUNDING permission to address the House for 1 b 1015 minute and to revise and extend his re- (Mr. KENNEDY of Minnesota asked marks.) and was given permission to address A HIGHER CALLING Mr. CHABOT. Mr. Speaker, on the the House for 1 minute and to revise (Mr. PENCE asked and was given per- blustery, frigid evening of November and extend his remarks.) mission to address the House for 1 30, 2002, the Elder High School football Mr. KENNEDY of Minnesota. Mr. minute.) team made their championship dreams Speaker, I rise today to bring to the at- Mr. PENCE. Mr. Speaker, it was a reality. The Elder Panthers overcame tention of my colleagues a grave error made official last week: our alert sta- the weather, a 4-hour bus ride, and a I feel is being made in the negotiations tus is high. For many Americans, this spirited Warren Harding team to re- of the Omnibus Appropriations Act. call for high vigilance has resulted in turn the Ohio State football champion- Mr. Speaker, I ask my colleagues to high anxieties. And in these days of ship to Cincinnati for the first time go to their computers, check a travel war and rumors of war, we are even since Princeton High School won in Web site or call their travel agent and hearing the voice of our enemy echo 1987. find out how much it would cost to fly across the airwaves of the world.

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.002 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H397 But I offer, Mr. Speaker, that we of genocide against the ethnic minori- the Justice Department under Presi- need to hear a different voice today. It ties by the ruling SPDC dictatorship in dents of both political parties as a Fed- is the voice that comforted our found- Burma. eral prosecutor and as the assistant to ers and has comforted every American We met with victims’ groups, land the Solicitor General. hero throughout our history. As the mine victims, orphans, rape victims Despite all of that, to date the Sen- Psalmist wrote so many years ago, ‘‘He and others. One little boy I met was an ate has not acted on the nomination of who dwells in the shelter of the Most 8-year-old orphan. He had seen both of Miguel Estrada, along with many other High will rest in the shadow of the Al- his parents killed, then he was traf- judicial nominations. There is no ques- mighty. He will say, ‘He is my refuge ficked over the border into Thailand tion that Miguel Estrada is highly and my fortress, my God in whom I and there he escaped to the refugee qualified to serve on the Federal bench. trust.’ He will save you from the fowl- camps. This little boy was so trauma- Mr. Speaker, it is time to give the er’s snare, from the deadly pestilence; tized that he could not even smile. I President what he has asked for and he will cover you with his feathers, and saw many children like him. what the American people deserve, a under his wings you will find refuge.’’ Mr. Speaker, the U.S. Government great judge in Miguel Estrada. May the favor of the Lord our God and the international community must f rest upon our President, our troops in do something to assist the people of HONORING LEGENDARY WICHITA, the field, and all those brave men and Burma and stop the brutality. Other- KANSAS, RADIO PERSONALITY women who serve in every Federal wise, we will all be responsible for the MICHAEL C. ‘‘OL’ MIKE’’ OATMAN place in this Nation this day. successful genocide campaign ethnic f cleansing going on by the vicious mili- (Mr. TIAHRT asked and was given tary of the SPDC. permission to address the House for 1 THE WAR ON TERRORISM f minute and to revise and extend his re- (Mr. MCDERMOTT asked and was marks.) given permission to address the House ELIMINATE THE UNFAIR DOUBLE Mr. TIAHRT. Mr. Speaker, I rise for 1 minute and to revise and extend TAXATION ON DIVIDEND INCOME today to honor a man who had a tre- his remarks.) (Mr. WILSON of South Carolina mendous impact on the country music Mr. MCDERMOTT. Mr. Speaker, to- asked and was given permission to ad- industry, was a strong advocate for morrow we are going to pass the wel- dress the House for 1 minute and to re- Wichita, Kansas, and was a great friend fare reform act without a single hear- vise and extend his remarks.) to many, including me. ing in the subcommittee or in the full Mr. WILSON of South Carolina. Mr. Michael C. Oatman, or Ol’ Mike as we committee. It simply went to the Rules Speaker, I rise today to call for an end all knew him, left this Earth on Janu- Committee and will come to the floor to the unfair double taxation on divi- ary 27. Although we wish he could have without debate in this House. dend income. President Bush has made spent more time with us, he certainly I implore you, Mr. Speaker, to bring it known that it is fundamentally made the most of the time that he had. the domestic security enhancement wrong to tax any income twice. Mike was born in west Texas where bill to the committee and then to the Many would like to play class war- he began a legendary radio career. In floor with full debate before you try fare politics with this issue, but that 1964 he moved to Wichita and built not and run it through in the confusion argument simply does not stand up. only a radio empire but a reputation around some terrorist act. Since 1990, stock ownership in the that earned him love and respect. His I give two quotes and let people de- United States has doubled. Today in morning show of 36 years was popular cide who said what. The first is: ‘‘The America more than half of all house- not because of the music he played but people can always be brought to the holds own stock and half of all dividend because of the man who played the bidding of the leaders. That is easy. All income is owned by seniors. Econo- music. you have to do is tell them they are mists anticipate that the stock market Ol’ Mike received just about every being attacked and denounce the paci- will rise between 10 and 20 percent once award a radio broadcaster could earn. fists for lack of patriotism and expos- this unfair double taxation is elimi- All of those honors pale in comparison, ing the country to danger. It works the nated. This creates more capital for though, to his final reward. Mike ac- same way in any country.’’ spending and investment which leads cepted Christ as his personal Lord and The second quote is: ‘‘To those who to job creation. savior and now is in a much better scare peace-loving people with phan- I thank President Bush and Federal place. And oh how I wish I could have toms of lost liberty, my message is Reserve Chairman Greenspan for their been at those pearly gates to see St. this: ‘Your tactics only aid terrorists, leadership on this issue. Also, I want to Peter’s response when he was intro- for they erode our national unity and commend Grover Norquist, president of duced to the tee-legged, toe-legged, diminish our resolve.’ ’’ Americans for Tax Reform, for his out- bee-legged, bow-legged, curly-haired, The first is a quote from Hermann spoken advancement of a more fair tax pee-williker Ol’ Mike. That was Ol’ Goering, the propagandist for the system. That is why I have introduced Mike’s radio show sign-on and was cer- Nazis. The second is John Ashcroft. H.R. 225, the Double Taxation Elimi- tainly as unique as the man himself. Consider the similarity. We do not need nation Act of 2003. I ask my colleagues We will miss you, Mike, but we will to lose more of our liberties to defend to join me in stopping this unfair dou- keep our old Hank Williams records ourselves in this country. ble taxation on dividend income. and look you up when we join you on f f those streets of gold. BURMA THE JUDICIAL NOMINATION OF f (Mr. PITTS asked and was given per- MIGUEL ESTRADA ON THE ISSUE OF THE MIGUEL mission to address the House for 1 (Mr. CHOCOLA asked and was given ESTRADA CONFIRMATION minute and to revise and extend his re- permission to address the House for 1 (Mr. GINGREY asked and was given marks.) minute and to revise and extend his re- permission to address the House for 1 Mr. PITTS. Mr. Speaker, I rise today marks.) minute and to revise and extend his re- on behalf of the ethnic minorities of Mr. CHOCOLA. Mr. Speaker, I rise marks.) Burma, otherwise known as Myanmar. today to support Miguel Estrada to be Mr. GINGREY. Mr. Speaker, I rise In January, I visited the Thai-Burma United States circuit judge for the Dis- today to address the House on a very border and met with refugees, democ- trict of Columbia circuit. Mr. Estrada important matter. I would like to racy activists, prisoner-of-conscience was nominated nearly 21 months ago. speak about Miguel Estrada, President groups and others working to help the He has argued 15 cases before the Bush’s nomination for the United people of Burma. Sadly, the inter- United States Supreme Court. He States Court of Appeals for the District national community has failed to rec- would also be the first Hispanic judge of Columbia. I applaud the nomination. ognize that there is, under inter- on the U.S. Court of Appeals for the Miguel Estrada would not only be the national legal definitions, a campaign D.C. circuit. Mr. Estrada has served in first Hispanic to sit on this court but

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.004 H12PT1 H398 CONGRESSIONAL RECORD — HOUSE February 12, 2003 more importantly he is a very well- Mr. STEARNS. Mr. Speaker, Med- that they just do not like the guy? Be- qualified nominee. Miguel Estrada has icaid is a mounting expense and a cause he is definitely qualified to sit on argued 15 cases before the Supreme source of frustration to beneficiaries, the D.C. Court. Court. He received a ‘‘well-qualified’’ providers, and taxpayers. Our States He would be the first Hispanic on rating from the American Bar Associa- need long-term solutions, not short- that court. He graduated magna cum tion, the highest rating possible. He term cash infusions. But there is good laude from Harvard, graduated Phi has also received an ‘‘outstanding’’ rat- news. There are regulations in Med- Beta Kappa from Columbia College. He ing in every performance category dur- icaid, section 1115 waivers. These give has argued 15 cases before the Supreme ing his tenure in the Solicitor Gen- States more flexibility to design and Court and was unanimously rated eral’s office under a previous adminis- implement programs that work. One ‘‘well qualified’’ by the American Bar tration. success story has the potential to save Association and called an extraor- It is interesting to note that five of money and even more importantly in- dinary legal talent by the Clinton So- eight judges currently serving on the still choice into the program. licitor General. D.C. circuit had no previous judicial Florida, Arkansas, and New Jersey So what seems to be the problem, experience. Mr. Speaker, it is clear have a demonstration project called Democrats? Miguel Estrada is a well-qualified can- the Cash and Counseling Program. It Let us go on further. He is 41 years didate for the bench. Yet the Senate permits participants, with minimal as- old. He has been in private practice 7 has still not acted on this important sistance, to direct their own health years. He was a U.S. attorney for 2 appointment. care and manage the funds allocated years. He worked for the U.S. Justice for their needs. In Florida, it is en- f Department. But do the Members know tirely voluntary for frail elders, the de- THE JUDICIAL NOMINATION OF what? He is Hispanic, and what the velopmentally disabled and physically MIGUEL ESTRADA Democrats are saying is because he has disabled. The eligible are given their no prior judicial experience. That is in- (Mr. BURNS asked and was given own personal cash allowance to spend teresting because out of the seven permission to address the House for 1 on established health care purchases. judges on the D.C. judicial court cir- minute and to revise and extend his re- This is resulting in choice, heightened cuit, five of the seven did not have ju- marks.) personal responsibility, and potential dicial experience. Is it not interesting Mr. BURNS. Mr. Speaker, I rise cost savings. I commend Governor Jeb that two of the Supreme Court justices today to discuss an issue that affects Bush for his success and only hope that did not have judicial bench experience? all Americans: judicial nominations. It Cash and Counseling is expanded across And yet this Hispanic guy comes along, is imperative that we in this Congress this Nation. take a stand today and say enough is and suddenly the Democrats are really f enough, that together we will end the concerned about judicial experience. politics of ethnic and gender exploi- REGARDING THE NOMINATION OF Mr. Speaker, I urge the Democrats to tation and begin an era where our con- MIGUEL ESTRADA let this nominee go and put him on the stitutional prerogatives override per- (Mr. BRADLEY of New Hampshire D.C. Court. We need people like this. sonal or party political ambition. asked and was given permission to ad- He is an American success story, and I Mr. Speaker, the judiciary is the dress the House for 1 minute and to re- applaud President Bush for nominating branch of the Federal Government that vise and extend his remarks.) him. people rely on for impartiality and Mr. BRADLEY of New Hampshire. sound judgment. If they must be im- Mr. Speaker, I rise today to support f partial, then as a coequal branch of the nomination of Miguel Estrada to government, we should be impartial in the United States Court of Appeals for RECESS selecting them. It stands to reason the District of Columbia. Mr. Estrada The SPEAKER pro tempore (Mr. that America’s diversity extends to the has proven himself to be an extremely CULBERSON). Pursuant to clause 12(a) of judiciary, not simply for diversity’s qualified candidate for this position. A sake but because citizens of this great rule I, the Chair declares the House in lawyer with a distinguished edu- recess subject to the call of the Chair. Nation have the right to be judged by cational background, Mr. Estrada has Accordingly (at 10 o’clock and 32 their peers. As Americans are diverse, argued 15 cases before the United minutes a.m.), the House stood in re- so should be its jurists. States Supreme Court, all before the cess subject to the call of the Chair. Mr. Speaker, in the past 2 years we age of 40, which is truly an accomplish- have seen nominees for the Federal ment. In addition, he has received a bench swept aside not because of ideo- unanimous ‘‘well qualified’’ evaluation f logical disagreements or their prior de- from the American Bar Association, its cision-making record, but due to polit- highest ranking. b 1505 ical calculations about the effect their Mr. Estrada has spent time at the ethnicity or gender may have on the Justice Department under both Repub- AFTER RECESS next election. The base politics of eth- lican and Democratic administrations nicity and gender, couched in rhetoric and has demonstrated a commitment The recess having expired, the House of ideological bias, is destroying quali- to upholding the integrity of the law. was called to order by the Speaker pro fied nominees’ potential for good pub- He has been called ‘‘an extraordinarily tempore (Mrs. BIGGERT) at 3 o’clock lic service. legal talent’’ and ‘‘genuinely compas- and 5 minutes p.m. Mr. Speaker, let us go forth today sionate’’ by a former Solicitor General, and end ethnic and gender political two accolades which lend much support f maneuvering and begin an era of true and credibility to his nomination. impartiality in our judicial system and ANNOUNCEMENT BY THE SPEAKER f improved public service for our fellow PRO TEMPORE citizens. b 1030 The SPEAKER pro tempore. Pursu- f SUPPORTING THE NOMINATION OF ant to clause 8 of rule XX, the Chair ON MEDICAID ‘‘CASH AND COUN- MIGUEL ESTRADA will postpone further proceedings SELING’’ DEMONSTRATION (Mr. KINGSTON asked and was given today on motions to suspend the rules PROJECT: CONSUMER DIRECTED permission to address the House for 1 on which a recorded vote or the yeas CARE WORKS minute and to revise and extend his re- and nays are ordered, or on which the (Mr. STEARNS asked and was given marks.) vote is objected to under clause 6 of permission to address the House for 1 Mr. KINGSTON. Mr. Speaker, what is rule XX. minute and to revise and extend his re- the deal with the Democrats and Record votes on postponed questions marks.) Miguel Estrada? Is it racism or is it will be taken later today.

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.006 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H399 RECOGNIZING THE COURAGE AND withstanding the tremendous suffering in- Mr. DELAY. Madam Speaker, I thank SACRIFICE OF UNITED STATES flicted upon him, demonstrated an unfailing the gentleman for yielding me this ARMED FORCES HELD AS PRIS- devotion to duty, honor and country, who, time. I greatly appreciate the chair- ONERS OF WAR DURING THE during his military career, was awarded two man for bringing this resolution to the Silver Stars, two Legions of Merit, the Dis- VIETNAM CONFLICT AND CALL- tinguished Flying Cross, one Bronze Star floor at this time. It is a timely resolu- ING FOR A FULL ACCOUNTING with ‘‘V’’ device for valor, two Purple tion, as we all know. OF THOSE WHO REMAIN UNAC- Hearts, four Air Medals, and three Out- Madam Speaker, most of us feel COUNTED FOR standing Unit awards, who retired from ac- something very special for the gen- Mr. HUNTER. Madam Speaker, I tive duty in 1979 in the grade of colonel, and tleman from Texas (Mr. SAM JOHNSON). who personifies the verse in Isaiah 40:31, We feel a profound sense of gratitude to move to suspend the rules and agree to ‘‘They shall mount with wings as eagles’’; the resolution (H. Res. 62) recognizing every American who has suffered great- Whereas the American military personnel ly in defense of freedom. And prisoners the courage and sacrifice of those who were prisoners of war during the Viet- members of the United States Armed nam conflict truly represent all that is best of war frequently suffer levels of abuse Forces who were held as prisoners of about America; that most of us could scarcely imagine, war during the Vietnam conflict and Whereas the 30th anniversary of Operation let alone endure. calling for a full accounting of the 1,902 Homecoming begins on February 12, 2003, and Each of our American prisoners of members of the Armed Forces who re- ends on April 1, 2003; war should know that the people of Whereas the world acknowledges that the main unaccounted for from the Viet- this country cherish their service. words inscribed by an American prisoner of They have our solemn gratitude and nam conflict. war in a Hanoi Hilton cell, ‘‘Freedom has a The Clerk read as follows: our solemn appreciation. taste to those who fight and die for it that Let me say a few words about my H. RES. 62 the protected will never know’’, are bitterly friend, the gentleman from Texas (Mr. Whereas recent world events have brought true and eternally appreciated; and SAM JOHNSON), because there is a les- Americans closer together, while reinvigo- Whereas the Nation owes a debt of grati- rating our patriotism, reminding us of our tude to these patriots and their families for son in SAM’s story for the rest of us. precious liberties and freedoms, and giving their courage, heroism, and exemplary serv- Even during the most trying and emo- us a greater appreciation for the men and ice: Now, therefore, be it tionally wrenching experiences that women of the United States Armed Forces Resolved, That the House of Representa- life can possibly confront us with, the who daily defend our homeland; tives— eternal qualities endure and they will (1) expresses its deepest gratitude for, and Whereas the honor and valor of past and sustain us. present members of the United States Armed calls upon all Americans to reflect upon and to show their gratitude for, the courage and SAM emerged from those years of Forces have inspired many young people, brutality with his essential virtues once again, to serve their country; sacrifice of the brave members of the United Whereas participation by the United States Armed Forces, including particularly only that much stronger. His captors States Armed Forces in combat operations Sam Johnson of Texas, who were held as attempted to strip away the qualities in Southeast Asia during the Vietnam con- prisoners of war during the Vietnam conflict; that took him to Vietnam, but the tor- flict resulted in more than 700 American (2) urges States and localities to honor the turers’ twisted objective utterly failed, courage and sacrifice of those prisoners of military personnel being taken prisoner by because far from eroding SAM’s defin- war with appropriate ceremonies and activi- enemy forces; ing principles, the abuse only tempered Whereas American military personnel who ties; (3) acting on behalf of all Americans, will his convictions and raised them to a were taken prisoner were held in numerous new plane upon which they were for- prisoner of war facilities, the most notorious not forget the 1,902 members of the United of which was Hoa Lo Prison in downtown States Armed Forces who remain unac- ever beyond the reach of evil or intimi- Hanoi, Vietnam, which was dubbed by pris- counted for from the Vietnam conflict and dation. oners held there as the ‘‘Hanoi Hilton’’; will continue to press for a full accounting of SAM JOHNSON came home with his Whereas on January 23, 1973, the United all of these members; and love of country, his passion for family, States and North Vietnam jointly announced (4) honors all of the members of the United his reverence for freedom, and his faith the terms of a cease-fire agreement, which States Armed Forces who have fought and in the Lord immensely strengthened. died in the defense of freedom. included the release of prisoners of war; And, as it was for SAM JOHNSON in Whereas the return of the American pris- The SPEAKER pro tempore. Pursu- the Hanoi Hilton, so too will it be for oners of war to the United States and to ant to the rule, the gentleman from the United States during our war their families and comrades was designated California (Mr. HUNTER) and the gen- against tyranny and terrorism. Our en- Operation Homecoming; tleman from Arkansas (Mr. SNYDER) emies may think that acts of brutality Whereas on February 12, 1973, the first each will control 20 minutes. group of American prisoners of war were re- The Chair recognizes the gentleman and mass murder will divert Americans leased at airfields near Hanoi and Loc Ninh, from our purpose, but they do not un- from California (Mr. HUNTER). and the last Operation Homecoming repatri- derstand America. As SAM JOHNSON and GENERAL LEAVE ation took place on April 1, 1973; most Texans would tell them, we have Mr. HUNTER. Madam Speaker, I ask Whereas many American military per- drawn our line in the sand and will unanimous consent that all Members sonnel who were taken prisoner as a result of never back down until every last ter- combat in Southeast Asia have not returned may have 5 legislative days within rorist stands before judgment. to their loved ones and their fate remains which to revise and extend their re- Thank you, SAM JOHNSON, for your unknown; marks on H. Res. 62. Whereas American military personnel who The SPEAKER pro tempore. Is there service to your country. God bless you, were prisoners of war in Southeast Asia were objection to the request of the gen- and God bless America. routinely subjected to brutal mistreatment, tleman from California? Mr. SNYDER. Madam Speaker, I including beatings, torture, starvation, and There was no objection. yield 5 minutes to the gentleman from denial of medical attention and outside in- Mr. HUNTER. Madam Speaker, I New York (Mr. MCNULTY). formation, and were frequently isolated from Mr. MCNULTY. Madam Speaker, I each other and prohibited from commu- yield myself such time as I may con- thank the gentleman (Mr. SNYDER) for nicating with one another; sume. Whereas the prisoners, at great personal I rise in strong support of this resolu- yielding me this time, and I thank the risk, nevertheless devised a means to com- tion authored by the distinguished ma- gentleman from Texas (Mr. DELAY) for municate with each other through a code jority leader and gentleman from bringing this important resolution to transmitted by tapping on cell walls; Texas (Mr. DELAY). It recognizes the the floor. Whereas the prisoners held in the Hanoi courage and sacrifice of American mili- As I get older, I work more on trying Hilton included then-Major Samuel R. John- tary personnel held prisoner during the to keep my priorities straight. Among son, United States Air Force, now a Member Vietnam conflict and especially high- them are remembering that had it not of Congress from the Third District of Texas, lights the courage and sacrifice of one been for all of the men and women who who was shot down on April 16, 1966, while wore the uniform of the United States flying his 25th mission over North Vietnam, of our own, the gentleman from Texas who spent more than half of his time as a (Mr. SAM JOHNSON), a POW for 7 years. military through the years, people like prisoner in solitary confinement, conducted Madam Speaker, I yield 5 minutes to me would not have the privilege of himself with such valor as to be labeled by the gentleman from Texas (Mr. going around bragging, as I often do, the enemy as a die-hard resister, and, not- DELAY). about how we live in the freest and

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.011 H12PT1 H400 CONGRESSIONAL RECORD — HOUSE February 12, 2003 most open democracy on the face of the For his service, he was awarded two My colleague mentioned the book Earth. Freedom is not free. We have Silver Stars, two Legions of Merit, the that SAM wrote. It is called ‘‘Captive paid a tremendous price for it. Distinguished Flying Cross, one Bronze Warrior: A Viet Nam POW Story.’’ This I try not to let a day go by without Star with Valor, two Purple Hearts, is a young-looking version of Congress- remembering with deepest gratitude four Air Medals, three Outstanding man JOHNSON here on the front, and I all of those who, like my own brother Unit Awards, and the admiration, re- will take the liberty of at least plug- Bill, made the supreme sacrifice. I’m spect, and the appreciation of millions ging the book. thankful to all those who wore the uni- of Americans and Vietnamese. Texas A&M University Press is where form of the United States military, put That makes SAM a tough son of a I got my copy, and like my preceding their lives on the line for us and all gun, but he is also a man of great depth colleague, it is an unadulterated and that we hold dear, and then came back and great faith. On the 47th day of his captivating version of what the life of home and rendered outstanding service confinement, a typhoon blew the win- these men was like in captivity. in our communities, and raised beau- dow open for the first time and he said, Back home, Madam Speaker, I do a tiful families to carry on in their fine ‘‘I saw the sunrise, the trees; it was talk primarily in schools. I call it my traditions. God in all His glory.’’ congressional heroes speech in which I Today, most especially, we salute I think God’s glory shines through have blown up photos of Members of and pay tribute to all those who en- SAM JOHNSON. He is a hero to all of us Congress and talk about a 1-, 2-, or 3- dured torture on our behalf as pris- and he certainly has been that to me. minute summary of their life. One of oners of war. Chief among them are my b 1515 the people I talk about is Floyd friend and colleague from the Com- Spence, our great and beloved chair- mittee on Ways and Means, the gen- Mr. SNYDER. Madam Speaker, I yield myself such time as I may con- man, now passed away, and his courage tleman from Texas (Mr. SAM JOHNSON), in the face of having an organ trans- Senator JOHN MCCAIN, and Ambassador sume. Madam Speaker, I rise and join my plant, one of the first in the country Pete Peterson. that had, I believe, a lung transplant. I join my colleagues in saluting them colleagues in support of House Resolu- tion 62, which recognizes the courage One of the people I talk about is SAM, for what they went through remem- and I make the point that SAM and I bering all of those who endured torture and sacrifices of American prisoners of war during the Vietnam conflict and often disagree on political issues on the on our behalf as prisoners of war, and floor of this House. And when you see renewing our collective commitment calls for a full accounting of those who remain unaccounted for from the Viet- those votes where it is 220 to 190, well, to account for all of the American I am usually in the 190 and he is in the military personnel who are still miss- nam conflict. Thirty years ago today the first 220; but the differences in policy and ing in action. politics does not change the fact that Mr. HUNTER. Madam Speaker, I group of American prisoners of war was officially released from captivity in SAM JOHNSON is truly one of America’s yield 11⁄2 minutes to the gentlewoman heroes and I will continue to talk from Texas (Ms. GRANGER), and this Vietnam. Operation Homecoming about him. was at the request of the gentleman began on February 12, 1973; and the last I also mention a former colleague of from Texas (Mr. SAM JOHNSON), that we repatriation occurred on April 1, 1973. ours, Pete Peterson from Florida, who have the best-looking Texans go first. Who can forget those dramatic news was also a prisoner of war during the We made a mistake with the gen- photographs of families being reunited Vietnam conflict, shot down on Sep- tleman from Texas (Mr. DELAY), but with their POWs, their loved ones. In tember 10, 1966. He also had a distin- we are going to make up for it now. less than 2 months, over 500 Americans Ms. GRANGER. Madam Speaker, returned to the United States. guished career in the Air Force and re- since September 11, 2001, Americans During the Vietnam War, over 700 tired as a colonel in 1981. He left Con- have had great lessons in what it American military personnel were gress and served with distinction as means to be a hero. We realize more taken prisoner by enemy forces. The our Nation’s first ambassador to Viet- than ever that we owe a debt of grati- first prisoner of war in the Southeast nam following the Vietnam conflict. I tude to those patriots and their fami- Asia conflict occurred in Laos on met with him in Hanoi as many Mem- lies who fight to protect our freedoms. March 23, 1961. For some like Floyd bers did, and he is also a very fine Today, I am rising to particularly Thompson, who was the longest held American. recognize a man whose life is a lesson POW, it would be nearly a decade be- Also a note, Madam Speaker, about in heroism. fore his family saw him again. Many civilians. We recognize the sacrifices I did not know SAM JOHNSON before I were held in infamous prison facilities, and courage of our servicemembers campaigned to join him here in the such as the Hoa Lo prison, which was who were held as POWs. Twenty-five Congress, but I knew him from his rep- referred to by the prisoners as the civilians were also released as pris- utation and his record. Hanoi Hilton. Many Members of the oners of war during Operation Home- After I came to Washington, I read House have visited the Hanoi Hilton. coming. Twelve were released prior to the book he wrote of his experiences in On January 23, 1973, the United the operation and four escaped. Of the Vietnam. Although it is not a long States and North Vietnam agreed to a 97 individuals listed by the services book, and I am a pretty fast reader, I cease fire and a return of the prisoners that were not returned during Oper- could not read it all in one sitting as I of war. Operation Homecoming re- ation Homecoming, 80 were often do, because I would have to put sulted in the release and return of 591 servicemembers but 17 were civilians. the book down to wipe my eyes, be- Americans. One of the prisoners held, Madam Speaker, recent world events cause I have never known anyone to go and the one we particularly honor remind us that our freedoms are not through what he went through in the today, was then-Major SAM JOHNSON of free. Men and women in uniform volun- name of America. the United States Air Force, now a teer to protect the liberties and ideals He is being recognized today on the Member of Congress from Texas’ third that we hold dear, but there are risks. 30th anniversary of his release from a district. He was shot down on April 16, In our recognition today of our col- North Vietnamese prison camp in 1966, while flying his 25th mission over league, Congressman SAM JOHNSON, and Hanoi, where he spent 7 years as a pris- Vietnam. his former colleagues that served as oner of war, 7 long years, 31⁄2 in solitary He was labeled a die-hard resister and POWs, once again brings home the sac- confinement and 21⁄2 in leg irons. Dur- spent the majority of his time as a rifices that are made. We use SAM ing that time, he was a hero to all he prisoner of war in solitary confine- today as our symbol of all the POWs came in contact with. ment. During his captivity, SAM dem- from that conflict, and we salute them How did he come in contact with his onstrated an unshakeable devotion to today. fellow prisoners? By tapping a code on duty, honor, and country. He retired Madam Speaker, I reserve the bal- the wall and by memorizing 374 names from the Air Force with the grade of ance of my time. of other prisoners, because he never colonel in 1979. It is clearly an honor Mr. HUNTER. Madam Speaker, I lost hope of getting out of that confine- and privilege to serve with SAM in the yield 1 minute to the gentleman from ment and bringing those names home. House of Representatives. Illinois (Mr. CRANE).

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.013 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H401 Mr. CRANE. Madam Speaker, I thank and mental abuse but refused to give dinary devotion to duty who are will- the gentleman for yielding me time. up sensitive information on the Amer- ing to following Congressman SAM Madam Speaker, I rise in strong sup- ican military campaign, using tap JOHNSON’s example of steadfast devo- port of this resolution to honor all of codes at the camp where they were able tion to duty in the face of torturous our prisoners of war from the Vietnam to keep in contact with one another. conditions. We must unite as a Nation conflict. In particular, I want to join Mr. JOHNSON began his career in the in support of our troops as we face a the House in paying a special tribute to United States Air Force after grad- time of great danger to our freedom my good friend and colleague, the gen- uating from my alma mater, Southern from terrorists at home and abroad. tleman from Texas (Mr. SAM JOHNSON). Methodist University. He served his Like Congressman JOHNSON, we can SAM’s service to his country has country with distinction in the Viet- rely on our troops’ dedication to pro- spanned the Korean War and the Viet- nam War as well as the Korean War. tect our way of life. We need to do our nam War, where he was a prisoner of Listen to this: he earned two Silver duty to ensure that they have the ma- war for 7 years. Stars, two Legions of Merit, the Distin- terial and moral support they need to In his office on Capitol Hill, SAM has guished Flying Cross, one Bronze Star accomplish the difficult task ahead. a photo of his favorite plane. On it is of Valor, two Purple Hearts, four Air Congressman JOHNSON’s service dem- inscribed part of a special Bible verse Medals and two Outstanding Unit onstrated the highest virtues of patri- from Isaiah, ‘‘They shall mount up Awards. He also served as a director of otism. It is humbling to me as a cur- with wings as eagles,’’ an inscription the Air Force Fighter Weapons School, rent member of the South Carolina that embodies the continuing spirit of popularly known as Top Gun and co- Army National Guard and a source of pride as I am the father of three sons in this great patriot in our midst and one authored the first Air Force tactics the military service who strives to fol- which should inspire all Americans manual for fighter pilots. low Congressman JOHNSON’s historic with the courage to face the critical, I am honored to count the gentleman and heroic example. difficult challenges facing this Nation from Texas (Mr. SAM JOHNSON) as my We thank Congressman JOHNSON for in the days ahead. good friend and his wife as our good friend. I hold him in high regard and his service to our country. It is an It is my distinct honor and privilege honor to know you. It is an honor to to serve with SAM in this great body respect very much the work he has done in strong support of our men and have you as chairman of the sub- and on the Committee on Ways and committee that I serve on in the Com- Means. SAM, you are a true champion women in the military. As one of the few men and women in Congress who mittee on Education and the Work- for all Americans and a true hero to force. God bless you. me. America is better off for your serv- has fought in combat, he is a valued and respected advisor on military read- Mr. SNYDER. Madam Speaker, I ice, and I am very proud to call you my yield 2 minutes to the gentleman from friend. iness for all of us here on this floor. I also appreciate his tireless work on Georgia (Mr. BISHOP). Mr. SNYDER. Madam Speaker, I retirement, health and labor issues. Mr. BISHOP of Georgia. Madam yield 3 minutes to the gentleman from Since being elected to Congress he has Speaker, I thank the gentleman for Texas (Mr. HALL). risen to the post of the highest-ranking yielding me time. Mr. HALL. Madam Speaker, I cer- Madam Speaker, through this resolu- Texas member on the Committee on tainly want to recognize the gentleman tion we express our deepest gratitude Ways and Means and the Committee on from Texas (Mr. SAM JOHNSON). He is a to those who endured the cruel condi- Education and the Workforce, where he friend of mine. He is a neighbor of tions as POWs in Vietnam, to their serves as chairman on the Sub- mine. Our boundaries are contiguous. families who suffered at home, and to committee on Employer-Employee Re- They talk about redistricting and I the sacrifice of every American who de- lations. have always said, If they ever put me fends our freedom. Madam Speaker, I proudly support Our congressional colleagues, the in SAM’s district, he will have the best this resolution and join my colleagues gentleman from Florida, Mr. PETER- campaign manager in the world. It today in honoring this man and the would be me because no one would SON; Senator JOHN MCCAIN of Arizona; men and women who served in Viet- and the gentleman from Texas (Mr. want to run against this great man nam. The gentleman from Texas (Mr. SAM JOHNSON) spent bitter years in the with his history, his background, the SAM JOHNSON) is a true American. I am gifts he has given to this country, the Hanoi Hilton in Vietnam. also proud to record our thoughts In my area of southwest Georgia, the suffering that he has suffered for this today on behalf of those on all wars country. Andersonville Historic Site where the and remember SAM JOHNSON, who Nation’s Prisoner of War Museum and I rise in support of this resolution school children, 200 years from now, and call for a full accounting of the memorial are located tell the story in- will read about this great man. God tensely of the suffering and the limit- 1,902 members of our Armed Forces bless him. who still remain unaccounted for in less courage of our prisoners of war Mr. HUNTER. Madam Speaker, I throughout history. unmarked graves or uncharted jails 1 yield 2 ⁄2 minutes to the gentleman One of my boyhood friends was a somewhere out there. Among those we from South Carolina (Mr. WILSON) in fighter pilot lost for 30 years on a com- honor today are SAM JOHNSON and a the wake of that eloquent statement bat mission in Vietnam whose remains number of others that together they by the gentleman from Texas (Mr. were just recently found. One of my put together a series of codes of com- HALL). constituents was a soldier serving on munication with one another. Mr. WILSON of South Carolina. the joint task force in Southeast Asia This resolution marks the 30th anni- Madam Speaker, I thank the gen- who lost his life last year in an air versary of his return home from being tleman for yielding me time. crash during a search mission. I knew held captive for 7 years. Can you imag- Madam Speaker, as we celebrate the these wonderful young men personally, ine that? Seven years. I think almost 30th anniversary of the gentleman from and I know what their families went half of that in solitary. Texas’ (Mr. SAM JOHNSON) return from through. If you have ever shaken hands with Vietnam after nearly 7 years of brutal Madam Speaker, this resolution him you will feel the hands of a man captivity, I am confident his coura- pledging never to rest until we have a who has had every bone in both of his geous example will serve as an inspira- full accounting for every American lost hands broken, probably from holding tion to our pilots preparing for possible in action honors the services and the the bars and being hit with bamboo, attacks against Saddam Hussein. sacrifices that literally made America being beaten and treated unmercifully Congressman JOHNSON’s devotion to the home of the free, the land of the at the hands of an enemy. his comrades and his country during brave. In April 1966 during his 25th combat 2,500 days of captivity should also serve Madam Speaker, I am proud to stand mission over North Vietnam, Major as a reminder to all Americans of the here today to give tribute to our col- JOHNSON was shot down. He was taken support our servicemen and women de- league, SAM JOHNSON, and others and prisoner. He was taken near Hanoi serve before, during, and after war. all Americans who have served as pris- where he and his fellow POWs were Our voluntary Armed Forces are re- oners of war and to also salute ex-pris- subjected day and night to physical plete with men and women of extraor- oners of war who worked so hard to

VerDate Jan 31 2003 02:26 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.016 H12PT1 H402 CONGRESSIONAL RECORD — HOUSE February 12, 2003 dedicate the memorial in Andersonville Mr. SNYDER. Madam Speaker, I graduate student at the Krannert to the cause that our men and women have no speakers, and I yield 4 minutes School in Purdue University up in West sacrificed for as prisoners of war. I of our time to the gentleman from Lafayette, Indiana, just another day thank them for this honor. I thank California (Mr. HUNTER) to use as he for me; for Lieutenant Colonel SAM them for what they do and the sac- sees fit. JOHNSON, it was the first day he had rifices they have made. The SPEAKER pro tempore (Mrs. been able to breathe free air in over 7 Mr. HUNTER. Madam Speaker, I BIGGERT). Is there objection to the re- years. yield 45 seconds to the distinguished quest of the gentleman from Arkansas? If we look in the dictionary under gentleman from North Carolina (Mr. There was no objection. ‘‘patriot,’’ we ought to see SAM JOHN- BALLENGER). Mr. HUNTER. Madam Speaker, I SON. If we look in the dictionary under Mr. BALLENGER. Madam Speaker, I want to thank the gentleman from Ar- ‘‘hero,’’ we ought to see SAM JOHNSON. am privileged to speak today in honor kansas (Mr. SNYDER) for his bipartisan Director of the Top Gun school; of my friend, the gentleman from gesture and great work on this par- Thunderbird pilot; decorated for two Texas (Mr. SAM JOHNSON). The gen- ticular issue. wars, Vietnam and Korea; holder of tleman is one of the kindest, most Madam Speaker, I yield 45 seconds to two Silver Stars; two Legions of Merit; thoughtful human beings I know, a the gentleman from Florida (Mr. the Distinguished Flying Cross; one principled and unwaivering man. He STEARNS). Bronze Star with Valor; two Purple fights like a lion for what he holds (Mr. STEARNS asked and was given Hearts; four Air Medals; and three out- dear. He is truly a man of mettle and permission to revise and extend his re- standing unit citations. conviction. marks.) By any means he is a hero. He is an Mr. STEARNS. Madam Speaker, I am American patriot. He is my friend. I b 1530 going to quote SAM JOHNSON’s wife. I am glad he is in the House of Rep- SAM is also a war hero if ever there do not think anybody today has done resentatives. God bless you, SAM and was one. I cringe when I think of the that. Let me tell my colleagues what Shirley Johnson. incredible price he paid for the freedom Shirley says: ‘‘When he makes up his Mr. HUNTER. Madam Speaker, in of this great Nation, 7 years as a pris- mind he’s going to do something, he the wake of that eloquent statement oner of war. We all owe him a debt of doesn’t make a big deal of it. He just by the gentleman from Texas (Mr. BAR- gratitude. does it.’’ TON), I yield 45 seconds to the gen- Today Congress recognizes SAM These words, of course, stood true in tleman from Texas (Mr. BURGESS). JOHNSON’s sacrifice and his service to perhaps one of Mr. JOHNSON’s greatest Mr. BURGESS. Madam Speaker, I America. In so doing, we again ac- tests, the hellish 82 months he spent as stand here to recognize a distinguished knowledge freedom at its high cost and a prisoner of war in the Hanoi Hilton. Member of the House of Representa- remember those soldiers who did not Bound by a faith in God and a love of tives, a 29-year veteran of the United return home. Fortunately for us, SAM country, Congressman SAM JOHNSON is States Air Force, Colonel SAM JOHN- did. a man who has given 29 years to the SON, who is my next-door neighbor in I thank the Chair for the chance to United States Air Force, 52 years to his North Texas. honor SAM. wife Shirley, and a lifetime to his Today marks the 30th anniversary of Mr. HUNTER. Madam Speaker, I country. Congressman JOHNSON’s return from yield 1 minute to the gentleman from SAM, congratulations on the 30-year Vietnam as a result of Operation Texas (Mr. HENSARLING). anniversary of freedom and patriotism Homecoming, the project that brought Mr. HENSARLING. Madam Speaker, for this country. I am proud to serve home hundreds of men and women who I thank the gentleman for yielding me with him on the Air Force Caucus, had sacrificed their lives for our great the time. which he helped to start. country and served in Vietnam. Madam Speaker, I rise on this occa- Resilient, courageous, steadfast, a patriot, It is a tremendous honor for me to sion to salute the tremendous courage and a friend; SAM JOHNSON is all of these serve in this Chamber with Colonel and profound sacrifices that American things to me. He is a man of unwavering com- JOHNSON. He is a true American hero, a POWs made for our country during the mitment to the betterment of this country. As man who sacrificed his life for the bet- Vietnam conflict. One of those coura- both a statesman and an airman, SAM JOHN- terment of all of us and this country. geous POWs is my friend and our dis- SON has fought both for the sovereignty of de- He knows the true meaning of freedom tinguished colleague, Congressman mocracy and our children’s future. From the because he fought for it, and he spent 7 SAM JOHNSON of Texas. battlefields of Korea and Vietnam to the Halls long years as a POW in Vietnam, over Forced to endure severe torture, soli- of Congress, this ‘‘Top Texan’’ has never lost half of that in solitary confinement. tary confinement, malnutrition and at- sight of his objective, because in his wife Shir- He has dedicated his life to God, his tempts by their captors to force confes- ley’s words, ‘‘When he makes up his mind country and his family. Congressman sions for propaganda, SAM JOHNSON and he’s going to do something, he doesn’t make JOHNSON is a fine example to our future countless other American POWs con- a big deal out of it. He just does it.’’ These generations of a hero. Congressman ducted themselves with uncommon words of course stood true in perhaps one of JOHNSON was willing to give of his life courage and heroic strength of char- Mr. JOHNSON’s greatest test, the hellish 82 in the fight for freedom. acter. months he spent as a prisoner of war at the Today and every day, when I look at I recall a veterans breakfast that Hanoi Hilton. Under constant physical and the American flag, the flag that he Congressman JOHNSON attended in my mental duress SAM JOHNSON never forgot his fought for, I will remember the sac- District with our distinguished col- commitment to his family, his men, and his rifice that he made. league, the gentleman from California country. One of the 12 remaining combat test- Mr. HUNTER. Madam Speaker, I (Mr. CUNNINGHAM), a fellow Vietnam ed members of Congress, Mr. JOHNSON rep- yield 45 seconds to the gentleman from veteran. While trying to convey the resents an elite club of men who have taken Minnesota (Mr. KLINE). ideals that kept him going as he once up arms in the defense of our way of life. We Mr. KLINE. Madam Speaker, I rise thought capture by the North Viet- gather today to commemorate the 30th anni- today to join my colleagues in hon- namese was imminent, the gentleman versary of Mr. JOHNSON’s release from impris- oring the extraordinary accomplish- from California (Mr. CUNNINGHAM) was onment and the amazing things he has ac- ments of a true hero. On the 30th anni- choked by emotion. complished in those short 30 years. Bound by versary of his return from captivity, Putting his arm around him, SAM faith in God and a love of Country, Congress- SAM JOHNSON deserves a far greater JOHNSON finished his sentence, stating man SAM JOHNSON is a man who has given 29 tribute than we can offer today. How- those ideals simply and eloquently, years to the Air Force, 52 to his wife, and a ever, the debt of honor we owe to this ‘‘God and country, God and country.’’ lifetime to his country. great American compels us to do our Every veteran in the room rose to their Mr. HUNTER. Madam Speaker, I part to bring attention to the impact feet in standing ovation. yield 45 seconds to another gentleman his example and leadership provide to Madam Speaker, as a Texan and as from Texas (Mr. BARTON). each of us. an American, I am proud to rise and sa- Mr. BARTON of Texas. Madam Every person in this room, in the gal- lute patriot SAM JOHNSON. Speaker, February 12, 1973, I was a lery and on the floor, has served his

VerDate Jan 31 2003 02:29 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.017 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H403 country, but even the achievements of Madam Speaker, as a freshman mem- The SPEAKER pro tempore. The gen- those of us with a lifetime of military ber of the Texas delegation, I am hon- tleman from California (Mr. HUNTER) service pale in comparison to the serv- ored to be serving alongside Congress- has 123⁄4 minutes remaining. ice and sacrifice exemplified by Con- man SAM JOHNSON. It was on this day Mr. HUNTER. Madam Speaker, I gressman SAM JOHNSON. Not one indi- 30 years ago that SAM arrived home yield 45 seconds to the gentleman from vidual in this room has attained the after almost 7 years as a prisoner of Pennsylvania (Mr. PITTS). level of service and sacrifice exempli- war in Vietnam. He spent his first 31⁄2 Mr. PITTS. Madam Speaker, those of fied by the gentleman from Texas. He years as a prisoner of war in solitary us who have served our country in the is an American hero. confinement. war understand in our hearts what It has been a privilege to know SAM SAM managed to survive these years every American understands in his during my brief tenure as a Member of while maintaining a strong sense of head. We understand the words carved Congress. I look forward to learning pride and an unrelenting faith in God, in stone down at the Korean War me- from his wisdom as we serve together. country and duty. Not only is SAM a morial, the words, ‘‘Freedom is not His service is exemplary, his experi- Vietnam veteran, he is a testament to free.’’ ence unparalleled. I rise to honor this the greatness of American military Thousands of Americans have died in American hero. men and women. a war, but of those who did not die, few Mr. SNYDER. Madam Speaker, I Upon returning with his fellow offi- have gone through what our friend and yield 2 minutes to the gentlewoman cers, his first words were, ‘‘Lieutenant colleague SAM JOHNSON went through from Indiana (Ms. CARSON). Colonel SAM JOHNSON reporting for in Vietnam. For years he suffered tor- Ms. CARSON of Indiana. Madam ture, imprisonment and solitary con- Speaker, I thank the gentleman for duty, sir.’’ SAM reported for duty, and finement. They worked on him relent- yielding me the time; and thanks to to this day he has never left his post lessly to break his spirit, but the spirit my colleagues who had the compassion serving America. of SAM JOHNSON could not be broken. and the wisdom to bring forth this very I thank SAM for all the sacrifices he He refused to betray his country. He vital resolution before the House has made and for the example he today. makes for this House. refused to give up his faith in God. I wanted to add my gratitude and my Mr. SNYDER. Madam Speaker, I I had the privilege of visiting in that prison where he was in solitary 2 weeks applause to the Honorable SAM JOHN- yield myself such time as I may con- ago. It was a horrible place. SAM is a SON for the yeoman service that he has sume. given to this great United States, the If I might, reference was made earlier living hero. He is an example to us all. gentleman from Texas, and oftentimes to SAM’s wife. I know this is a very He is living proof that what America when I have barely been able to get small book, but I have here a picture of stands for is right and just and good. over to the floor, he walks through the Shirley and SAM from 1952, and our I thank SAM for his service to our tunnels with a great deal of pride and staff member Debra Wada says SAM is country, and as a fellow vet, I salute strength, and I just admire him so even better looking today than he was him. much. He does not know the many here in 1952. Madam Speaker, those of us who have ways that he has given me the momen- Madam Speaker, I reserve the bal- served our country in war understand in our tum to walk on here to the House. ance of my time. hearts what every American understands in Along with Congressman JOHNSON Mr. HUNTER. Madam Speaker, I his head. We understand what it says—carved and all of the other wonderful women yield 45 seconds to the gentleman from in stone—on the Korean War Memorial down and men who have made this extreme Texas (Mr. CULBERSON), another one of at the other end of the National Mall. The sacrifice in terms of serving our coun- SAM’s Texas colleagues. words ‘‘FREEDOM IS NOT FREE.’’ Thou- try to preserve its freedom, I wanted to Mr. CULBERSON. Madam Speaker, sands of families have died in war. But of give my thanks and gratitude to that the book of Proverbs teaches that the those who did not die, few have gone through yeoman group of people and to pray for greatest profession, the most valuable what our friend and colleague SAM JOHNSON the safe return of those yet unfound. profession on Earth, is our good name, went through in Vietnam. I would also like to add, Madam and by that measure, SAM JOHNSON is For years he suffered torture, imprisonment, Speaker, that I come from the State of one of the wealthiest men in America. and solitary confinement. They worked on him Indiana. The lieutenant governor there It has been my privilege to serve relentlessly to break his spirit. But the spirit of is the Honorable Joe Kernan, and Mr. with SAM in the Texas house, to sit SAM JOHNSON could not be broken. He re- Kernan entered the United States next to him on the floor there, and my fused to betray his country. And he refused to Army in 1969 and served as a naval great privilege to serve with him here; give up his belief & faith in his God. flight officer on the USS Kitty Hawk, and I have seen firsthand SAM’s devo- I visited that prison 2 weeks ago in Hanoi. and in May of 1972, he was shot down tion to duty, to his country, to honor, Sam is a living hero. He is an example to us AM AM by the enemy when he was engaged in to his core principles. SAM JOHNSON all. Thank you S . S , I salute you. Mr. HUNTER. Madam Speaker, I a reconnaissance mission over North does not take polls to help him decide yield 45 seconds to the gentleman from Vietnam. how to vote. He was held as a prisoner of war for Indiana (Mr. BURTON). He has been a mentor to me, to all of months. He was repatriated in 1973 and Mr. BURTON of Indiana. Madam us who serve with him. We love him continued on active duty until Decem- Speaker, I thank the gentleman for and admire him, and we are immensely ber 1974. yielding me the time. For his service, the Honorable Joe grateful to him for his service to this I have not read this book ‘‘Captive Kernan has received numerous awards, Nation, and it truly is one of the great Warriors’’ yet, but I am going to read including the Commendation Medal, privileges of my life that I have had it. I have known the gentleman for two Purple Hearts and the Distin- the privilege to be here with him, to many years, and I have never been able guished Flying Cross. He is also a grad- serve with him; and I salute him and to get out of him a lot of the things uate of Notre Dame in Indiana. thank him so much for his service to that happened to him in Vietnam, but So there are countless unnamed and this country. I want him to know that from other unrecognized heroes who are similarly Mr. SNYDER. Madam Speaker, I people I have learned that he really is situated, and I just wanted, on behalf yield whatever time I have remaining a hero, and he is a credit not only to of the people that I represent, the to the gentleman from California (Mr. the service of this country, the armed proud State of Indiana, to add my sup- HUNTER) for purposes of control. services, but he is a credit to this port to this needed resolution. The SPEAKER pro tempore. Is there House as well. Mr. HUNTER. Madam Speaker, I objection to the request of the gen- One of the proudest things that I can yield 45 seconds to the gentleman from tleman from Arkansas? say about being a Member of Congress Texas (Mr. CARTER), another one of There was no objection. is, SAM JOHNSON is my friend. SAM’s Texas colleagues. Mr. HUNTER. Madam Speaker, first, Mr. CARTER. Madam Speaker, I I thank my colleague for that gracious b 1545 thank the gentleman for yielding me gesture. How much time do we have re- Mr. HUNTER. Madam Speaker, I the time. maining? yield myself 21⁄2 minutes.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.020 H12PT1 H404 CONGRESSIONAL RECORD — HOUSE February 12, 2003 In that great book, ‘‘The Bridges at served with him, some of whom were turn home to their country and to their fami- Toko Ri,’’ one of James Michener’s not the lucky ones because they did lies. main characters was the commander of not get to come home. I know SAM Today, I want to remember these POWs an aircraft carrier. After the hero in holds them close to his breast in mem- and the 1,902 Members of the U.S. Armed the book had flown off against those ory, along with their families. Forces who remain unaccounted for. And I bridges at Toko Ri in North Korea and It is a true and distinct honor to would also like to pay tribute to my friend SAM been lost, he stood on the ship and he serve in this body with you, SAM. God- JOHNSON, who was among those released dur- asked where does America find these speed, my friend. ing the first day of Operation Homecoming. men who are willing to go in the serv- Mr. HUNTER. Madam Speaker, I SAM, whose distinguished service to his ice, in this case in the U.S. Navy, who yield 1 minute to the gentleman from country did not end after his return, followed fly off these small pitching aircraft Delaware (Mr. CASTLE). up an illustrious career in the Air Force with a carriers, fly to a distant target, heavily Mr. CASTLE. Madam Speaker, I successful career as a developer, a Texas defended, and if they are successful in thank the gentleman for yielding me Legislator, and a Member of Congress since penetrating all that flack and air cover this time, and I would also like to pay 1991. I have served with SAM on the Edu- they try to get back and find that lit- tribute to those who were held pris- cation and Workforce Committee and value tle postage stamp out at sea and make oners of war during the Vietnam con- his friendship and resolve. a successful landing? flict. Like many others, who could have shrunken That book was set against the back- I do not know a lot of those individ- away from the duties of society because of the drop of a war that was not widely her- uals, obviously Senator MCCAIN; but I war, SAM rose above and celebrated his cher- alded in the United States: the Korean do know SAM JOHNSON, who is a rep- ished freedom. Now a distinguished public War. It was a time when a lot of folks resentative of that, and I know that he leader, SAM has endured the horrors of war for were focusing on having a rush-back has all the strengths that one could our country, and in turn has given us much from World War II, having families and ever want in an American. hope and optimism for the future of our nation. building lives and getting jobs and Sam and I are a little different politi- In conclusion, I want to thank SAM for his building businesses; and we were not cally, shall we say. I am a little more service to the United States; and I want to concentrating on that area of the moderate than he is. He can be pretty honor all of those who were POWs in Viet- world, that conflict. Yet a lot of Amer- tough on some issues. And no matter nam. You all served your country admirably icans gave their lives. That question what I say today, he will probably still and we must not rest until everyone is ac- that was asked, where does America not vote the way I would want him to counted for. get these men, could just as easily have all the time. But sitting next to him in Mr. HUNTER. Madam Speaker, how been a question about those great peo- the Committee on Education and the much time do we have remaining? ple that flew off the tarmac in those Workforce, I can still say for certain The SPEAKER pro tempore (Mrs. TAC air bases and strategic air bases that he is a person of tremendous char- BIGGERT). The gentleman from Cali- or long-range air bases that flew mis- acter. fornia (Mr. HUNTER) has 71⁄4 minutes re- sions over North Vietnam. SAM JOHN- To go through the experience that he maining. SON is one of those guys, a guy from has gone through, to represent all the Mr. HUNTER. Madam Speaker, I San Antonio, Texas. interests of defending our country, and yield myself 1 minute. Madam Speaker, it has been brought then to come back to be able to con- Madam Speaker, I would just like to out in all this discussion of whether we tribute the way he has on a regular say that the gentleman from California should have a draft and who partici- basis is something in his system that I (Mr. CUNNINGHAM), I know if he pos- pates and who bears the burden and do not think the average person has in sibly could he would be here speaking who does not bear the burden that his or her system. And for all those for his old buddy, SAM JOHNSON, an- there is a disparate burden of defending reasons I have to believe that all the other great pilot and the only Mig ace this country, and that is why I think it others who went through that must from Vietnam, and a guy who really, is important for all of us to look to have been men of incredible strength really loves SAM JOHNSON. SAM because he is a model of our finest and character. Madam Speaker, I yield such time as citizens. And like the gentleman from So it has been an honor and a pleas- he may consume to the gentleman California (Mr. CUNNINGHAM), the gen- ure and a privilege to work with SAM, from Texas (Mr. SAM JOHNSON), the tleman from Pennsylvania (Mr. PITTS), and to work with all the others. But I man who is the subject of this resolu- and others who have been pilots, like a just wanted to also say thanks to SAM tion. lot of our great veterans who have been for his service to this country. Mr. SAM JOHNSON of Texas. Madam here in this body, he embodies that call Madam Speaker, I rise today to pay tribute Speaker, I thank the gentleman so to a higher duty, a duty that is most of to the military personnel who were held cap- much, and all our colleagues; but you the time inconvenient, and some of the tive during the Vietnam conflict, and to those know, this is not about me. This is times dangerous, but always the most who have yet to be accounted for. about our American fighting men that important duty that one can fulfill on Today, as we consider the prospects of a keep America free, the guys and gals behalf of this country, and that is pro- war with Iraq, it is important that we remain the world over. And they are all over tecting us, giving us our security. mindful of the great sacrifices our past soldiers the world right now, defending freedom Madam Speaker, I yield 45 seconds to have made in the defense of freedom. not just for the United States of Amer- the gentleman from Indiana (Mr. The Vietnam conflict has often been cat- ica but for the world. BUYER). egorized as a dark spot in our nation’s history, I have been a member of the U.S.- Mr. BUYER. Madam Speaker, I could yet for the U.S. soldiers who suffered from un- Russia Commission on POWs and MIAs not resist this tribute to the gentleman speakable acts while prisoners within Vietnam, now for almost 10 years. We are trying from Texas (Mr. SAM JOHNSON). the pain that they carry with them is not a part to find out what happened to our miss- When I think of many of America’s of history; it is as real today as it was thirty ing in action, to those who did not re- heroes, individuals who were chal- years ago. And for the 1,902 Members of the turn home from World War II, Korea, lenged, when you give your reflection, U.S. Armed Forces who remain unaccounted the Cold War, Vietnam and Iraq, if we you know you were challenged. When for, we must emphasize our commitment to have one there. So we have not given America’s children ask the questions: not forget their continued sacrifices. up on anyone, and I think that is what Who are our heroes? Do mentors still In the midst of such uncertainty, we must America stands for. It stands behind its exist? Are there living idols? The an- honor the POWs who languished in horrible military. We will go to extreme meas- swer is yes. conditions until their release in beginning in ures to make sure we recover our peo- Sam lived his life in such a manner February of 1973, during ‘‘Operation Home- ple and/or find out what happened to that his character is formed with the coming.’’ A part of them may have been left them. We are still pursuing that effort. virtues and values that have been test- behind in Vietnam, but in the end, they were There are as many as 70,000 from World ed. I am privileged to serve here in this able to rely upon the courage and determina- War II that are missing in action, some body with him, and I know that he rep- tion that makes the U.S. Armed Services the 8,000 from Korea, some 1,800 from Viet- resents a lot of his comrades who best in the world, and ultimately survive to re- nam, and maybe one from Iraq.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.024 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H405 So this Nation is the greatest Nation day over the accomplishments of Navy versus 62, which honors the observance of the 30th in the world, and I and my colleagues Air Force fighters, we have developed a Anniversary of Operation Homecoming. This who fought for it would say that, even strong bond over those shared experiences resolution honors the courage and sacrifice of though we were POWs, if we were re- and our commitment to carry forward the les- those members of the United States Armed quired to go fight for this Nation again sons we learned from them. Forces who were held as prisoners of war dur- for the freedoms we enjoy, we would do SAM, and I have travelled together exten- ing Vietnam and returned home as part of Op- it in a New York minute. So I thank all sively, speaking to veterans’ groups and work- eration Homecoming. my colleagues for recognizing the ing to ensure that Americans understand the For most Americans, it is difficult to con- POWs and for recognizing our service- importance of supporting the military—particu- ceive of the harsh reality that these prisoners men and women around the world and larly at times like these when our troops are of war had to endure. And it is important to all the great things they do for us, and defending freedom around globe. As one who appreciate the sacrifice that these men made, many thanks as well for helping me in was shot down in combat myself, I know how and that service members today are prepared this House of Representatives to make difficult it is to talk about those harrowing ex- to make, in defense of our freedoms. this a better Nation for all of us to live periences—and you won’t hear that from SAM, The first group of American prisoners of the in. We are free and independent, one nor him boasting that record of service or sac- Vietnam War returned home as part of Oper- Nation under God. rifice. But it is clear from the historical records ation Homecoming on February 12, 1973 and God bless you all. Thank you for and the testimony of those who served with the last returned in April of the same year. today. him that he is an American hero, and more These American prisoners of war fought for Mr. HASTERT. Madam Speaker, there just that worthy of the numerous military awards our country with valor and sacrifice. Mr. SAM aren’t enough words to describe a man who and national recognition he ultimately earned. JOHNSON, our very own esteemed colleague, has led such an adventurous, challenging, and From his numerous combat missions and is among these heroes. courageous life as SAM JOHNSON. He is a enemy kills, to the inner strength that earned After entering the U.S. Air Force at the decorated war hero, a distinguished public him the label ‘‘die hard’’ by his captors, SAM young age of 20, Mr. JOHNSON was held cap- servant, and a dedicated husband, father, and stands out as an example of true American tive as a prisoner of war in Hanoi. For seven grandfather. strength. On this anniversary of Operation years, half of that time in solidarity confine- There have been many great public serv- Homecoming, I want to recognize SAM’S ac- ment, this brave individual was held captive, ants who have passed through these great complishments, his bravery, courage, sacrifice until returning back home on February 12, Halls of Congress, and SAM is certainly one of and service to this nation. Godspeed, my 1973, 30 years ago this day, as part of Oper- them. These are men and women who have friend, from this Navy pilot. ation Homecoming. worked tirelessly for their constituents, who Mr. SIMMONS. Madam Speaker, I rise Mr. JOHNSON returned home a hero with several distinctions including two Silver Stars, have faced difficult challenges, and who rare- today in support of H. Res. 62, recognizing the two Legions of Merit, the Distinguished Flying ly, if ever succumbed to the challenges that members of the United States Armed Forces Cross, one Bronze Star with Valor, Two Pur- have come before them, even when it seemed who were held prisoners of war during the ple Harts, four Air Medals, and three Out- impossible. SAM JOHNSON has brought honor, Vietnam War, while calling for a full account- standing Unit Awards. The service he offered dignity and respect to this great institution. ing of the 1,902 members of the Armed During his 29 years as a U.S. Air Force Forces who remain unaccounted for from the to his country is one that we, as a nation, rec- ognize as the greatest sacrifice for the survival pilot, SAM flew combat missions in both the Vietnam War. of freedom and liberty. He has dedicated his Korean and Vietnam Wars, and was a pris- As a member of the House Armed Services career to the safety and security of his coun- oner of war in Hanoi for almost seven years. Committee, and a veteran of the Vietnam War, try, and has further dedicated his professional His service in the military earned him many I take great care in this matter. For genera- tions, Americans have taken extraordinary life to civic service. medals that serve as reminders to us all of his steps to account for all members of our Armed Ironically, JOHNSON was one of the lucky courage and personal sacrifice for our country. Forces who were lost fighting to preserve the ones. He came back home. Almost two thou- In total, he was bestowed with fifteen medals freedoms we enjoy today. sand members of the United States Armed and awards, all of which were given to him for I wish to share with my colleagues the com- Forces remain unaccounted for. We must the heroism he displayed during both wars. In pelling story of Captain Arnold Holm, a native never forget their sacrifices and we must con- fact, today is the 30-year anniversary of his ar- of Waterford, Connecticut, whose recovery tinue the effort to determine what became of rival back to America after his long torturous case remains active. Captain Holm was de- them. imprisonment in Vietnam. It was this day thirty clared killed in Vietnam when his helicopter As a veteran of the Vietnam War, and as years ago that SAM left that distant land and was shot down on June 11, 1972. Arnie Holm the U.S. Representative of a district that returned home to his loved ones. was a sports star in high school, when to proudly includes nearly 60,000 veterans, I I will always remember SAM to be a man of Springfield College on a sports scholarship urge my colleagues and everyone across the great accomplishments, a gentleman that I and left to enlist in the U.S. Army. He was nation to remember the ordeals experienced have had the honor to serve with for over ten fighting for what he believed in when his heli- by our former prisoners of war. They carried a years. He will be remembered not only for his copter was hit in the summer of 1972. In an great burden so that we might live in freedom public service to those in Texas, but also for even more tragic twist, a second helicopter, and prosperity. his selfless sacrifice for all Americans. Thank sent to execute a rescue mission for Capt. Mr. BOEHNER. Mr. Speaker, I rise today in you SAM. Holm and his men, was also shot down, re- support of the resolution; but more than that, Mr. CUNNINGHAM. Madam Speaker, I rise sulting in the death of pilot Lt. McQuade and I rise to honor my dear friend and colleague, in support of this resolution recognizing the his entire crew. SAM JOHNSON of Texas, courage and sacrifice of those who were held After relations with the Vietnamese govern- Thirty years ago today, SAM was released prisoners of war in Vietnam on the 30th anni- ment improved, missions to discover and re- from captivity as a prisoner of war in Hanoi versary of their release, and calling for a full cover the remains of nearly 2,000 personnel during the Vietnam War. He spent nearly accounting of those who never returned. This lost in Vietnam began. While the crash sites of seven years as a prisoner—half of that time in remembrance has a special meaning—not just Capt. Holm and Lt. McQuade were very close solitary confinement. His experiences in Hanoi for those like myself who served in Vietnam to one another, only the remains of Lt. were nothing short of remarkable. and saw the horrors inflicted by our enemy, McQuade were recovered. This year the For example: while held captive, SAM com- but for those held captive so long, it is an es- United States will support a recovery mission mitted to memory 374 names of other pris- pecially emotional day. And I rise in honor of in Vietnam to seek and recover Capt. Holm. oners of war by tapping a special code on the each of those POWS, for their service to this As we consider legislation to recognize the wall. nation and the sacrifice that stands today as sacrifice made by Prisoners of War, we also Why? In case some got out. a testament to the greatness of our free na- commit again to accounting for all armed serv- In Hanoi, he also endured unspeakable tor- tion. ices members who remain Missing in Action. ture—72 days in leg stocks, followed by an- On this fitting occasion, I also want to honor We must find and return the remains of Capt. other two and a half years in leg irons, and of one of those POWs, a great friend and hero Holm, and all MIAs, so that their families and course, 42 months in solitary confinement. of mine and many Americans, and our col- friends see the real commitment our govern- After his three and a half years in solitary league, SAM JOHNSON. SAM and I shared long ment has for our men and women in uniform. confinement ended, SAM was finally allowed to careers as fighter pilots before coming to Con- Mr. REYES. Madam Speaker, I wish to return to a joint cell. According to a fellow pris- gress. Although we continue to argue to this voice my strong support for House Resolution oner of war, he walked into the room with the

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.025 H12PT1 H406 CONGRESSIONAL RECORD — HOUSE February 12, 2003 two other detained American officers, stood at ippines before being flown home. President After many years, Major O’Donnell’s re- attention with tears in his eyes, and simply Ronald Reagan summarized that moment best mains were finally returned home in 1995 and said, ‘‘Lieutenant Colonel SAM JOHNSON re- in his State of The Union Address before Con- positively identified in 2001. porting for duty, sir.’’ gress in 1982: It is my hope that some day, we can say Madam Speaker, there’s no better way to He said, ‘‘We don’t have to turn to our his- that every one of our men and women who describe a hero than retelling that story. tory books for heroes. They are all around us. have served their nation has finally come Today, I am proud to serve with SAM on the One who sits among you here tonight epito- home. House Education and the Workforce Com- mized that heroism at the end of the longest Madam Speaker: It is my honor to stand on mittee. Together, we’re working to reform our imprisonment ever inflicted on men of our this floor today and express my profound grati- education, pension, and health care laws for armed forces. Who will ever forget that night tude for the service of our men and women in generations to come. when we waited for the television to bring us our armed forces. Their commitment and sac- SAM is an effective subcommittee chair, an the scene of that first plane landing at Clark rifice are the ultimate price for our security and astute legislator, and a terrific representative Field in the Philippines—bringing our POWs liberty. It is my prayer that every one of them of his constituents at home in Texas. His con- home. The plane door opened and Jeremiah would come home to us healthy and safe. It tinued to service to his nation is most admi- Denton came slowly down the ramp. He is my commitment that if that is not possible, rable. caught sight of our flag, saluted, and said, we will still bring them all home so they may To SAM, I thank you for your 29-year career ‘God Bless America,’ then thanked us for rest among those they served in the peace in the Air Force, your courage and sacrifice, bringing him home.’’ they helped to forge. To me, that is the great- and your continued commitment to this coun- As the senior officer on the plane, Denton est memorial we can provide for these brave try by serving in its Congress. On this impor- was asked to go to the mircrophone and say souls. tant anniversary, I salute you and wish you a few words. What he said that day fully cap- In closing, I just want to echo the sentiment and your wife Shirley the very best in the tures that American spirit which so motivates of my colleagues in saying to every POW and years to come. young men and women to serve their country. MIA; you are not forgotten. Mr. COLLINS. Madam Speaker, I have the ‘‘We are honored to have had the opportunity The SPEAKER pro tempore. The privilege to sit on the Ways and Means Com- to serve our country under difficult cir- question is on the motion offered by mittee here in Congress with SAM JOHNSON. I cumstances. We are profoundly grateful to our the gentleman from California (Mr. Commander-in-Chief and to our Nation for this consider him to be my friend. More than that. HUNTER) that the House suspend the He is a true American Hero. You see, SAM day. God bless America.’’ rules and agree to the resolution, H. It is no wonder to me that the American JOHNSON was an F-4 Fighter-Bomber pilot in Res. 62. people elected Jeremiah Denton to the United Vietnam. SAM was shot down and captured by The question was taken. States Senate, and SAM JOHNSON to the the North Vietnamese in 1966. For the next 7 The SPEAKER pro tempore. In the United States House of Representatives. But and a-half years he was a prisoner of war in opinion of the Chair, two-thirds of their story is repeated countless times in the what the POW’s referred to as Alcatraz. This those present have voted in the affirm- was a prison for the strongest willed of Amer- thousands of American prisoners of war who returned home after that long conflict and after ative. ican prisoners of war. A place where the Viet- Mr. HUNTER. Madam Speaker, on cong would try to break the will of those who other wars and conflicts throughout the years. It is repeated in every voice of every serv- that I demand the yeas and nays. stood against it. iceman and woman who takes an oath to sup- The yeas and nays were ordered. For three years of his time, SAM was in soli- port and defend the Constitution of the United The SPEAKER pro tempore. Pursu- tary confinement. Other than the frequent States. It is echoed in every snap of the Amer- ant to clause 8 of rule XX and the times when the enemy took him and brutally ican flag as it flaps in the wind, and seen me- Chair’s prior announcement, further tortured him, he never had any contact with andering through the rows of crosses in every proceedings on this motion will be another human being for that entire time. military cemetery in which American soldiers, postponed. To communicate with one another, the pris- sailors, airmen, and Marines are buried. oners developed a system of taps with their You see, America has never been an op- f fingers on the walls and floors of their cells. pressor nation. Each time troops have been This allowed them to provide each other their sent to battle, it has been to carry on the RESIGNATION AS MEMBER OF names and ranks so that if one of them should ideals of freedom and liberty. Each free breath COMMITTEE ON EDUCATION AND escape or be released, they would be able to we take, every moment we live without op- THE WORKFORCE tell American intelligence who was alive and in pression makes that sacrifice worthwhile. what prison they were being housed. The SPEAKER pro tempore laid be- Yes, serving your country can be hard. Just fore the House the following resigna- While in Alcatraz, SAM met another pilot. ask SAM JOHNSON and Jeremiah Denton. But This pilot was also in the camp for 7 and a- tion as a member of the Committee on if it was easy, everyone would do it. It is the Education and the Workforce: half years, three of which were spent in soli- fact that it is hard that makes it worth doing. CONGRESS OF THE UNITED STATES, tary confinement. Colonel Jeremiah Denton Since the fall of Saigon in 1975, we have HOUSE OF REPRESENTATIVES, also endured years of torture, abuse, degrada- failed to locate 1,948 Americans in Vietnam, tion, untreated injuries, malnutrition, years of Washington, DC, February 11, 2003. including 38 civilians. Hon. J. DENNIS HASTERT, separation from his wife and family, and condi- It is our duty, as a nation, and as a Con- Speaker of the House of Representatives, tions that most human beings would consider gress, to continue pursuing every available av- Washington, DC. impossible to survive. enue, until we have located and brought home DEAR MR. SPEAKER: I respectfully request Both of these men were in Vietnam to serve every one of our service personnel from Viet- permission to resign from the House Com- their country. To fight for American interests nam. mittee on Education and the Workforce ef- and to bring democracy to an oppressed peo- One veteran we were able to bring home fective immediately. Thank you for your ple. While some back home were protesting after many years summed up this duty best consideration of this request. the war, these men didn’t let that influence Sincerely, before he disappeared in 1970. MARK SOUDER, their mission. They were heroes who stood Major Michael O’Donnell, who flew many Member of Congress. strong, never renouncing their nation. They al- rescue missions in his helicopter while in Viet- The SPEAKER pro tempore. Without ways supported the United States throughout. nam, expressed it this way. During an interview with the media during ‘‘If you are able, save for them a place in- objection, the resignation is accepted. his imprisonment, Denton was asked about his side of you and save one backward glance There was no objection. support of U.S. policy concerning the war. He when you are leaving for the places they can f replied: ‘‘I don’t know what is happening now no longer go. Be not ashamed to say you in Vietnam, because the only news sources I loved them, though you may or may not have have are North Vietnamese, but whatever the always. Take what they have left and what RESIGNATION AS MEMBER OF position of my government is, I believe in it, I they have taught you with their dying and COMMITTEE ON SCIENCE support it, and I will support it as long as I keep it with your own. And in that time when The SPEAKER pro tempore laid be- live.’’ men decide and feel safe to call the war in- fore the House the following resigna- When the prisoners were released in 1973, sane, take one moment to embrace those tion as a member of the Committee on they were flown to Clark Field in the Phil- gentle heroes you left behind.’’ Science:

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.011 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H407 CONGRESS OF THE UNITED STATES, Mr. ISTOOK of Oklahoma; for expenditure only to offset the costs of ac- HOUSE OF REPRESENTATIVES, Mr. KING of New York; tivities and services related to the imple- Washington, DC, February 11, 2003. Mr. LINDER of Georgia; mentation and enforcement of the Tele- Hon. J. DENNIS HASTERT, marketing Sales Rule, and other activities Mr. SHADEGG of Arizona; Speaker of the House of Representatives, resulting from such implementation and en- Washington, DC. Mr. SOUDER of Indiana; forcement. Mr. THORNBERRY of Texas; DEAR DENNY: As discussed with you and SEC. 3. FEDERAL COMMUNICATIONS COMMIS- your staff, in response to your request I am Mr. GIBBONS of Nevada; SION DO-NOT-CALL REGULATIONS. happy to accept a position on the Budget Ms. GRANGER of Texas; Not later than 180 days after the date of Committee as its Vice-Chairman. Mr. SESSIONS of Texas; enactment of this Act, the Federal Commu- It is my understanding this requires me to Mr. SWEENEY of New York; nications Commission shall issue a final rule temporarily resign, or go ‘‘on leave,’’ from Mr. TURNER of Texas; pursuant to the rulemaking proceeding that the Committee on Science, but that I will be Mr. THOMPSON of Mississippi; it began on September 18, 2002, under the able to retain my position and seniority on Telephone Consumer Protection Act (47 Ms. LORETTA SANCHEZ of California; that committee for the future. U.S.C. 227 et seq.). In issuing such rule, the I am grateful for this opportunity and ap- Mr. MARKEY of Massachusetts; Federal Communications Commission shall preciate the confidence you have placed in Mr. DICKS of Washington; consult and coordinate with the Federal me. Mr. FRANK of Massachusetts; Trade Commission to maximize consistency Sincerely, Ms. HARMAN of California; with the rule promulgated by the Federal CHRISTOPHER SHAYS, Mr. CARDIN of Maryland; Trade Commission (16 C.F.R. 310.4(b)). Member of Congress. Ms. SLAUGHTER of New York; SEC. 4. REPORTING REQUIREMENTS. The SPEAKER pro tempore. Without Mr. DEFAZIO of Oregon; (a) REPORT ON REGULATORY COORDINA- objection, the resignation is accepted. Mrs. LOWEY of New York; TION.—Within 45 days after the promulgation There was no objection. Mr. ANDREWS of New Jersey; of a final rule by the Federal Communica- tions Commission as required by section 3, f Ms. NORTON of the District of Colum- bia; the Federal Trade Commission and the Fed- eral Communications Commission shall each RESIGNATION AS MEMBER OF Ms. LOFGREN of California; COMMITTEE ON VETERANS’ AF- transmit to the Committee on Energy and Ms. MCCARTHY of Missouri; Commerce of the House of Representatives FAIRS Ms. JACKSON-LEE of Texas; and the Committee on Commerce, Science, The SPEAKER pro tempore laid be- Mr. PASCRELL of New Jersey; and Transportation of the Senate a report fore the House the following resigna- Mrs. CHRISTENSEN of the Virgin Is- which shall include— tion as a member of the Committee on lands; (1) an analysis of the telemarketing rules promulgated by both the Federal Trade Com- Veterans’ Affairs: Mr. ETHERIDGE of North Carolina; mission and the Federal Communications Mr. GONZALEZ of Texas; CONGRESS OF THE UNITED STATES, Commission; HOUSE OF REPRESENTATIVES, Mr. LUCAS of Kentucky; (2) any inconsistencies between the rules Washington, DC, February 12, 2003. Mr. LANGEVIN of Rhode Island; and promulgated by each such Commission and Hon. DENNIS HASTERT, Mr. MEEK of Florida. the effect of any such inconsistencies on con- Speaker of the House of Representatives, f sumers, and persons paying for access to the Washington, DC. registry; and DEAR SPEAKER HASTERT: With this letter, b 1600 (3) proposals to remedy any such inconsist- please accept my resignation from the House encies. Committee on Veterans Affairs, effective im- DO-NOT-CALL IMPLEMENTATION ACT (b) ANNUAL REPORT.—For each of fiscal mediately. years 2003 through 2007, the Federal Trade Should you have any questions, please feel Mr. TAUZIN. Madam Speaker, pursu- Commission and the Federal Communica- free to contact me. ant to the previous order of the House, tions Commission shall each transmit an an- Sincerely, I call up the bill (H.R. 395) to authorize nual report to the Committee on Energy and JIM GIBBONS, Commerce of the House of Representatives Member of Congress. the Federal Trade Commission to col- lect fees for the implementation and and the Committee on Commerce, Science, The SPEAKER pro tempore. Without and Transportation of the Senate a report enforcement of a ‘‘do-not-call’’ reg- which shall include— objection, the resignation is accepted. istry, and for other purposes, and ask There was no objection. (1) an analysis of the effectiveness of the for its immediate consideration in the ‘‘do-not-call’’ registry as a national registry; f House. (2) the number of consumers who have APPOINTMENT OF MEMBERS TO The Clerk read the title of the bill. placed their telephone numbers on the reg- SELECT COMMITTEE ON HOME- The text of H.R. 395 is as follows: istry; (3) the number of persons paying fees for H.R. 395 LAND SECURITY access to the registry and the amount of The SPEAKER pro tempore. Pursu- Be it enacted by the Senate and House of Rep- such fees; ant to section 4 of House Resolution 5, resentatives of the United States of America in (4) an analysis of the progress of coordi- Congress assembled, 108th Congress, and the order of the nating the operation and enforcement of the House of January 8, 2003, the Chair an- SECTION 1. SHORT TITLE. ‘‘do-not-call’’ registry with similar registries This Act may be cited as the ‘‘Do-Not-Call established and maintained by the various nounces the Speaker’s appointment of Implementation Act’’. States; the following Members of the House to SEC. 2. TELEMARKETING SALES RULE; DO-NOT- (5) an analysis of the progress of coordi- the Select Committee on Homeland Se- CALL REGISTRY FEES. nating the operation and enforcement of the curity: The Federal Trade Commission may pro- ‘‘do-not-call’’ registry with the enforcement Mr. COX of California, Chairman; mulgate regulations establishing fees suffi- activities of the Federal Communications Ms. DUNN of Washington; cient to implement and enforce the provi- Commission pursuant to the Telephone Con- Mr. YOUNG of Florida; sions relating to the ‘‘do-not-call’’ registry sumer Protection Act (47 U.S.C. 227 et seq.); and Mr. YOUNG of Alaska; of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), promulgated under the Tele- (6) a review of the enforcement proceedings Mr. SENSENBRENNER of Wisconsin; marketing and Consumer Fraud and Abuse under the Telemarketing Sales Rule (16 Mr. TAUZIN of Louisiana; Prevention Act (15 U.S.C. 6101 et seq.). Such C.F.R. 310), in the case of the Federal Trade Mr. DREIER of California; regulations shall be promulgated in accord- Commission, and under the Telephone Con- Mr. HUNTER of California; ance with section 553 of title 5, United States sumer Protection Act (47 U.S.C. 227 et seq.), Mr. ROGERS of Kentucky; Code. Fees may be collected pursuant to this in the case of the Federal Communications Mr. BOEHLERT of New York; section for fiscal years 2003 through 2007, and Commission. Mr. SHAYS of Connecticut; shall be deposited and credited as offsetting The SPEAKER pro tempore (Mrs. Mr. SMITH of Texas; collections to the account, Federal Trade BIGGERT). Pursuant to the order of the Commission—Salaries and Expenses, and Mr. WELDON of Pennsylvania; House of Tuesday, February 11, 2003, shall remain available until expended. No Mr. GOSS of Florida; amounts shall be collected as fees pursuant the gentleman from Louisiana (Mr. Mr. CAMP of Michigan; to this section for such fiscal years except to TAUZIN) and the gentlewoman from Illi- Mr. LINCOLN DIAZ-BALART of Florida; the extent provided in advance in appropria- nois (Ms. SCHAKOWSKY) each will con- Mr. GOODLATTE of Virginia; tions Acts. Such amounts shall be available trol 30 minutes.

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.005 H12PT1 H408 CONGRESSIONAL RECORD — HOUSE February 12, 2003 The Chair recognizes the gentleman support H.R. 395, the Do-Not-Call Im- called again by that organization, that from Louisiana (Mr. TAUZIN). plementation Act. request must be honored. GENERAL LEAVE Madam Speaker, I reserve the bal- So, again, I support this legislation. I Mr. TAUZIN. Madam Speaker, I ask ance of my time. urge all Members to vote in favor of its unanimous consent that all Members Ms. SCHAKOWSKY. Madam Speaker, passage. I also want to urge appropri- may have 5 legislative days within I yield myself such time as I may con- ators to provide full funding for this which to revise and extend their re- sume. program in the omnibus appropriations marks and insert extraneous material Madam Speaker, I rise in support of bill. I hope that they will consider in- on H.R. 395. this bipartisan legislation, and I thank corporating the text of this legislation The SPEAKER pro tempore. Is there the gentleman from Louisiana (Mr. in the conference report. objection to the request of the gen- TAUZIN) and, I am proud to say, my Madam Speaker, I reserve the bal- tleman from Louisiana? chairman as a new member of the Com- ance of my time. There was no objection. mittee on Energy and Commerce; the Mr. TAUZIN. Madam Speaker, I yield Mr. TAUZIN. Madam Speaker, I yield gentleman from Florida (Mr. STEARNS), the balance of my time to the gen- myself such time as I may consume. chairman of the subcommittee; and the tleman from Florida (Mr. STEARNS), Madam Speaker, whatever happened ranking member, the gentleman from the chairman of the Subcommittee on Commerce, Trade and Consumer Pro- to the quiet evening at home? Most Michigan (Mr. DINGELL), who strongly people have experienced it, that annoy- supports this legislation, for their out- tection, and ask unanimous consent ing ring on the phone just as dinner standing leadership in advancing this that he may control that time. The SPEAKER pro tempore. Is there goes to the table. When one answers, it proconsumer bill. objection to the request of the gen- As a new member of the Committee is not a call from a friend or family tleman from Louisiana? member or even from work, it is some- on Energy and Commerce and as rank- There was no objection. one calling to sell something, a tele- ing Democratic member of the Sub- Mr. STEARNS. Madam Speaker, I marketer. committee on Commerce, Trade and yield myself such time as I may con- Today we have before us of a bill that Consumer Protection, I look forward to sume. will allow hundreds of thousands of working with my colleagues to imple- Madam Speaker, the gentleman from American citizens to enjoy the peace ment this important measure. Louisiana (Mr. TAUZIN) has outlined and quiet of their own home. H.R. 395, Madam Speaker, we all appreciate the reason for this bill, and obviously I the Do-Not-Call Implementation Act, the precious time we have at home support it. It is under the jurisdiction authorizes the Federal Trade Commis- with our families after a long day of of my subcommittee, the Sub- sion to establish a national do-not-call work, but who has not had that time committee on Commerce, Trade and registry that will allow consumers to interrupted by commercial tele- Consumer Protection, and it authorizes opt out of unwanted and harassing marketers? We all know from personal the Federal Trade Commission to col- telemarketing calls. This landmark do- experience how intrusive these calls lect the needed fees to maintain such a not-call list will provide consumers can be. I hear complaints from many of national registry. It is a very impor- with one central contact to stop un- my constituents who are tired of re- tant bill, and as such, I seek all of my wanted telemarketing calls. The new ceiving telemarketing calls at home. colleagues’ support this afternoon. do-not-call list will be a free service to They should be able to stop these calls, I commend the chairman of the Fed- all American consumers, and those if they so choose, and the FTC’s cre- eral Trade Commission for taking the telemarketers who choose to ignore the ation of a national list will make it initiative on this issue, and its hard do-not-call registry will face stiff pen- easier for people to enjoy peace and work in promulgating the recent alties of up to $11,000 for each viola- quiet at home. amendments to the Telemarketing tion. This proconsumer legislation author- Sales Rule. Specifically, the do-not- In order to coordinate the do-not-call izes the Federal Trade Commission to call amendments. As a Member that programs among all of the agencies collect fees from telemarketers to cre- has championed consumer information with jurisdiction over telemarketing, ate a national do-not-call registry. privacy legislation for the past 2 years H.R. 395 directs the Federal Commu- Consumers who do not wish to be solic- in my subcommittee, and we have had nications Commission to complete its ited at home can put themselves on the six hearings on it, I think a national pending do-not-call rulemaking within registry. Telemarketers are required to do-not-call list is important. Although 180 days. The bill further directs the check the database every 3 months and small, it is a step towards further en- FCC to consult and coordinate with the remove names that appear on the list hancing consumers’ privacy. There is no question that I, along Federal Trade Commission to ensure from their call list. with most of my constituents, welcome that both regulations are as similar as In December, the FTC amended the any effective measure designed to pro- possible. This coordination will not Telemarketing Sales Rules to create a national do-not-call list. This legisla- tect us from unwanted telephone solici- only prevent consumer confusion, but tations. A national do-not-call list goes tion will help the FTC implement this it will provide the telemarketing in- a long way in fulfilling our want for a important initiative. I am pleased that dustry with coordinated rules upon little peace and quiet at the family the FTC’s proposal will protect the which to function. dinner table. It is important that the First Amendment rights of tele- Lastly, H.R. 395 sets out reporting re- national do-not-call list truly be a one- quirements for both the Federal Trade marketers. Telemarketers will be able stop shopping experience for the con- Commission and the Federal Commu- to continue to solicit consumers who sumer. nications Commission. Without the do not put themselves on the list. Tele- As directed by H.R. 395, the Federal passage of H.R. 395, the FTC will be marketers will still be allowed to call Trade Commission must work to en- forced to wait until the year 2004 to im- those who are on the do-not-call list sure harmonization among the myriad plement its national do-not-call list. when an existing business relationship of States and Federal telemarketing I am hopeful the other body will act exists. However, all solicitors who rules and do-not-call lists. That is not swiftly to pass H.R. 395 so all Ameri- qualify for this exception have to an easy job. As it now stands, I under- cans can enjoy the benefits of the na- honor requests from individuals if they stand that 28 States have their own do- tional do-not-call list sooner rather ask not to be contacted in the future. not-call lists, and the Federal Commu- than later. In fact, if anyone holds this It is my understanding that the FTC nications Commission may be consid- legislation up, we are prepared to give hopes to have the list up and running ering another. out their home phone number to all within the next few months. And this I strongly encourage the FTC chair- who want to give them a call. legislation protects the ability of le- man, Chairman Muris, to work very Today Congress is answering the call gitimate charities and not-for-profit closely with the FCC on its national from consumers for help in combating organizations to make calls, and they do-not-call registry proposed rule- annoying and harassing telemarketing are not regulated by this legislation. making so that if the FCC was to pro- calls. Therefore, to empower the Amer- However, even if in those cir- mulgate its own rule, it is substan- ican consumer, I ask that Members cumstances any person asks not to be tially harmonized and in agreement

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.031 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H409 with the Federal Trade Commission effective ‘‘no soliciting’’ sign on their their call, that block-the-blocker tech- rule. home phone or cell phone and bring to nology. This is another step in that For American consumers to enjoy a halt the seemingly nightly ritual of protection of privacy that the gen- one-stop shopping when seeking to pro- phone calls interrupting dinner or pre- tleman from Massachusetts (Mr. MAR- tect him- or herself from unwanted cious family time. Those telephone KEY) talked about, so that when you telephone solicitation, there ought to rings invade the tranquility of the are in the privacy of your home, if you be a single national registry governed home and the do-not-call database will choose to not have any unsolicited by one set of Federal rules. I think we help consumers restore peace. phone calls coming into your home, need a single national list for all inter- Rather than having consumers act as you can sign up for this. state calls so there is only one toll-free veritable slaves of those rings, forced I have signed up for the do-not-call number or one Web site address and to get up and to answer insistent and list in Texas. I have lived in the same one government agency we, as con- incessant telemarketing calls time house for the last 14 years. I have sub- sumers, need to remember and go to for after time, the do-not-call database scribed to the Dallas Morning News assistance. Passage of H.R. 395 is an will effectively make consumers the that entire time. And until recently I important step in making that pos- ‘‘Lord of the Rings.’’ They can put an continued to get solicitation calls from sible. end to those calls. They can protect the Dallas Morning News asking me to In closing, I reiterate my strong sup- their own domain. subscribe to the Dallas Morning News. port for an effective national do-not- Consumers have waited a long time Maybe with the do-not-call list in call list. I think the Federal Trade for the benefits of the same digital and Texas and the do-not-call list at the Commission’s do-not-call amendments telecommunications technology that national level, I will not get that call. to the Telemarketing Sales Rule cre- has so advanced the ability of tele- Unfortunately, I will still get a phone ating a national registry is a giant step marketers to efficiently and cost-effec- call from Majority Leader TOM DELAY. in the right direction and, as such, de- tively reach consumers to also be har- I have raised substantial sums of serves our support. I urge Members to nessed on behalf of consumers to help money for the NRCC, but I do get solic- support the bill. them address legitimate privacy con- itation calls asking me to help Major- Madam Speaker, I reserve the bal- cerns. ity Leader DELAY continue to raise ance of my time. b 1615 necessary funds for various good polit- Ms. SCHAKOWSKY. Madam Speaker, ical causes. That is one of the excep- I yield 4 minutes to the gentleman I see the gentleman from Texas (Mr. tions. from Massachusetts (Mr. MARKEY), a BARTON) over there. There are Mem- So there are things that we could do very eloquent member of the Com- bers on the left and right, Democrat to improve the bill, but it is a good mittee on Energy and Commerce. and Republican, that want privacy in step in the right direction and I hope Mr. MARKEY. Madam Speaker, I their own homes. This has no ideology. that we pass this bill on a bipartisan congratulate the gentlewoman from Il- Every American believes they have basis unanimously because it is a good linois (Ms. SCHAKOWSKY), the gen- that inherent right. piece of legislation. tleman from Michigan (Mr. DINGELL), Finally, I want to commend Federal Again I want to commend the gen- the gentleman from Florida (Mr. Trade Commission Chairman Timothy tleman from Florida (Mr. STEARNS) for STEARNS), the gentleman from Lou- Muris for his pro-consumer action in his excellent leadership and the gentle- isiana (Mr. TAUZIN), and all of the promulgating the FTC’s recent do-not- woman from Illinois (Ms. SCHAKOWSKY) members of the majority and minority call rules, as they will give the con- for her leadership on this necessary for coming together to work out a very sumers who are often plagued by un- piece of legislation. important piece of legislation. wanted, intrusive, unsolicited tele- Ms. SCHAKOWSKY. Madam Speaker, This is a bill which I think is long marketing a powerful new tool in I yield 2 minutes to the gentleman overdue and is going to be very well re- which to battle such intrusions. Again from Maryland (Mr. WYNN), a great ceived in every single home across our my congratulations to everyone who consumer advocate and member of the country, because the legislation au- worked on this important legislation. Committee on Energy and Commerce. thorizes the Federal Trade Commis- Mr. STEARNS. Madam Speaker, I Mr. WYNN. Madam Speaker, I am sion, after its recent decision, to create yield 21⁄2 minutes to the gentleman also delighted to join my colleagues in a national telemarketing do-not-call from Texas (Mr. BARTON), the distin- supporting the Do-Not-Call Implemen- database. This do-not-call database guished chairman of the Subcommittee tation Act. Let me commend the gen- proposal is a winner for millions of on Energy and Air Quality. tleman from Florida (Mr. STEARNS), consumers who are plagued by unsolic- (Mr. BARTON of Texas asked and our subcommittee chairman, as well as ited commercial telemarketing calls at was given permission to revise and ex- our newest and quite-generous-with- home or on their mobile phones, and it tend his remarks.) her-flattery new subcommittee ranking is important that we give the Federal Mr. BARTON of Texas. Madam member, the gentlewoman from Illi- Trade Commission the support it needs Speaker, I want to commend Sub- nois (Ms. SCHAKOWSKY), for her leader- to implement this new policy as soon committee Chairman STEARNS, Rank- ship on this bill. as possible, and that is what we are ing Member SCHAKOWSKY, the gen- As we debate great global and na- doing today here on the House floor. tleman from Louisiana (Mr. TAUZIN) of tional issues, this may not seem to be The bill the House considers today the full committee, and the gentleman such a big deal. On the other hand, if permits the Federal Trade Commission from Michigan (Mr. DINGELL) of the you have worked hard all day, fought to proceed on a timely basis and begin full committee for bringing this bill to through traffic to get home to be with implementation of the database proc- the floor. I am a cosponsor. I think your wife and family to sit down to a ess this year while also ensuring that there are improvements that could be simple dinner and you get a phone call the Federal Communications Commis- done to the bill, but I think it is a good from someone from Acme advertising sion finally gets its regulatory task step in the right direction. something that you really do not want, done so that no major corporate tele- I have been in the Congress for 18 this is a very big deal. It is something marketing loopholes remain. years. I have been on the Committee on that Congress can and, I am pleased to I am pleased to be a cosponsor of this Energy and Commerce for the last 16 of say, is taking care of. We are doing legislation. Every Member who has those 18 years. I was one of the Con- something about this, the annoyance of worked on this legislation deserves a gressmen who led the fight in com- unwanted solicitations. lot of credit. After having first pro- mittee to make sure that caller ID I get lots of complaints about it. I posed a national do-not-call database could be used as an option for those think it is a great idea that we are ad- registry in legislation that the Con- that wished to know who was calling dressing this issue. As an elected offi- gress successfully enacted in 1991, I be- them. I also helped lead the fight in cial, I am not usually home at dinner- lieve its implementation is action that committee to make sure that if some- time; I am usually here in Washington is long overdue. Consumers across the body was trying to call you and or out in the district at some event. country will finally be able to put an blocked their identity, you could block But when I go home, when I am home

VerDate Jan 31 2003 03:07 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.033 H12PT1 H410 CONGRESSIONAL RECORD — HOUSE February 12, 2003 on those rare occasions and I am trying Madam Speaker, I rise in strong sup- can have a peaceful family dinner, not to have dinner and I get a call, I get port of this bill. I would first like to interrupted by credit card solicitations quite annoyed. So I know how folks commend the chairman from Louisiana or the latest condominium offerings on feel. But it is also people who work at and the ranking member from Michi- some tropical locale. I know what they home who are trying to conduct their gan, as well as the gentleman from are talking about, because frequently own business who are interrupted. It is Massachusetts, for bringing this impor- my dinner is interrupted by these calls, also seniors who are at home and are tant piece of legislation to the floor. As too. They have been described as maybe anxious or nervous or sitting we have heard, this bill will give the nuisances, extremely annoying, and by alone. They get these repeatedly aggra- Federal Trade Commission the author- stronger language. vating calls which they have to strug- ity to collect fees from telemarketers, We should not stop companies from gle to get up to answer only to find long overdue, to implement and run developing and using innovative ways someone from Acme on the line. the national do-not-call list which was to sell their products and services, but This is a good piece of consumer leg- created by the amendment to the tele- there is little question that this kind islation. Combined with what the marketing sales rule effective Decem- of telemarketing is out of hand. It has States have already done in 27 States ber 18. become a form of harassment. Just as and what the FCC and FTC can do, we The FTC has got it right. Something citizens have the right to tell door-to- can have a blanket of protection has to be done to protect consumers door solicitors to leave their property, around consumers from the annoyance from the many annoying calls tele- Americans should have the right to tell of unwanted calls. I am really pleased marketers place at all hours of the day telemarketers to stop calling and to to see Congress acting so swiftly. I and night, 7 days a week. These calls make it happen. thank Chairman TAUZIN as well as are indeed an invasion of privacy, not The Do-Not-Call Implementation Act Ranking Member DINGELL for their to mention that many of these callers will be widely appreciated. It does not leadership. I think it is a great piece of are unscrupulous and prey on older prohibit telemarketing. It does not legislation, I am proud to support it, Americans. stop companies from using phone solic- and I look forward to its rapid imple- The Federal Trade Commission’s na- itation to sell legitimate products and mentation. tional do-not-call list is a one-stop services. It empowers individuals by Mr. STEARNS. Madam Speaker, I shop for consumers who are fed up with creating a realistic and enforceable yield 21⁄2 minutes to the distinguished annoying and often intrusive tele- way for them to get their names off gentleman from Indiana (Mr. BUYER). marketing calls. Consumers by reg- telemarketing lists. Mr. BUYER. Madam Speaker, in my istering their telephone number with We have had do-not-call lists on the home State of Indiana, our own no-call the FTC’s list will eliminate, we hope, books, legislation, for more than a dec- registry has been met with great suc- about 80 percent of all telemarketing ade. But when Congress first mandated cess. While in Indiana there are over 6 calls. such lists, the FCC chose to leave cre- million people, a little over 1.2 million Madam Speaker, I would also like to ation and maintenance up to individual phone lines in Indiana have registered thank the FTC for working closely businesses, making enforcement next to stop these unwanted telephone so- with me to include provisions of my to impossible. That is why the Do-Not- licitations. I want to thank Indiana At- ‘‘Know Your Caller’’ legislation which Call Implementation Act is a great torney General Steve Carter for not makes it illegal for telemarketers to step forward in creating a real nation- only his leadership but also his persist- block their numbers on caller ID de- wide do-not-call list. ence to succeed in this endeavor on be- vices. Consumers pay a monthly fee to Finally, Madam Speaker, people will half of consumers. subscribe to the caller ID service be- be able to opt out of telemarketing by I am very pleased that the Federal cause they want to protect their per- registering online or making a simple Government is now responding to the sonal privacy and their pocketbooks; phone call. Telemarketers will face se- concerns of consumers with legislation but until now they have had little re- rious consequences for noncompliance. that will work to restrict these un- course to protest intrusions on their I think a fine of $11,000, up to that wanted callers. It is my understanding privacy because most telemarketers in- amount, for each call will get their at- that Indiana’s no-call registry is more tentionally block their identity from tention. It is about time that the Fed- stringent than the Federal guidelines being transmitted to caller ID devices. eral Government protect the citizens that are presently being proposed. It is Madam Speaker, as a Member of Con- from this unwanted harassment. After also my understanding that those gress and, more importantly, as a con- we are successful in implementing this, agencies crafting the Federal no-call sumer, I applaud the FTC’s amendment I hope we will turn our attention to guidelines, the FTC and the FCC, have to the telemarketing sales rule; and I electronic mail spam. no intent to preempt State law. I applaud and thank the committee for Mr. STEARNS. Madam Speaker, I would urge both agencies to abide by sponsoring this bill. yield 21⁄2 minutes to the gentleman this understanding. Ms. SCHAKOWSKY. Madam Speaker, from Illinois (Mr. KIRK). Last July, I wrote a letter to FTC I yield 3 minutes to the gentleman Mr. KIRK. Madam Speaker, I rise Chairman Muris asking that any cre- from New Jersey (Mr. HOLT), who is not today in support of the Do-Not-Call Im- ation of a Federal do-not-call registry only a distinguished member of our plementation Act. We have do-not-call would clearly express that the Federal class to the House of Representatives lists now in 21 States, but we seem to rule would in no way preempt State but the only Member of Congress who have the calls only increasing in fre- law. And last month the entire Indiana is a rocket scientist. quency. The fact that these calls seem delegation sent a letter to FCC Chair- Mr. HOLT. Madam Speaker, I thank to occur at the most inopportune times man Powell making the very same re- the gentlewoman for yielding me this and, thanks to predictive dialing soft- quest. So while the creation of a na- time, and I concur with the remarks of ware, often result in an immediate dis- tional do-not-call registry delivers to my colleague from New Jersey who connection only adds to the frustration the consumer the assurance that they just spoke. I rise in support of H.R. 395, of consumers. may once again answer the phone in the Do-Not-Call Implementation Act; I am very pleased that the Federal peace, I do hope that those States that and I would like to salute Chairman Trade Commission is amending the have created their own do-not-call reg- TAUZIN and Ranking Member DINGELL telemarketing sales rules to create a istries for the benefit of consumers will for introducing what my colleagues central do-not-call registry. As a new not be negatively affected in this rule- will tell you, and my constituents espe- member of the appropriations sub- making process. cially will tell you, is important legis- committee that funds the Federal Mr. STEARNS. Madam Speaker, I lation. I cannot count the number of e- Trade Commission, I am committing yield 21⁄2 minutes to the distinguished mails, phone calls, and letters I receive my efforts to make sure that this ef- gentleman from New Jersey (Mr. from constituents, many of them irate, fort is fully funded so that we can im- FRELINGHUYSEN). complaining about telemarketing. The plement this needed legislation. Mr. FRELINGHUYSEN. I thank the residents of my district have pleaded I want to commend Chairman TAU- gentleman for yielding me this time. with me to do something so that they ZIN, Ranking Member DINGELL, and

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.034 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H411 also subcommittee Ranking Member Ms. SCHAKOWSKY. Madam Speaker, national ‘‘do not call’’ registry with existing SCHAKOWSKY for her efforts on this. I I look forward to all our colleagues state lists. Consumers deserve the continued think working together in a bipartisan supporting this legislation. benefit of well-designed state laws. Though way, we will ensure that the Federal Madam Speaker, I yield back the bal- Oregon has a strong ‘‘do not call’’ system in Trade Commission not only has the un- ance my time. place, I realize that many consumers live in derlying legislation but also the appro- Mr. LARSON of Connecticut. Madam places without state law protections. It is for priations to make sure that every per- Speaker, I rise today in strong support of the these consumers that creation of a national son’s castle can be a quiet home and Do Not Call Implementation Act, H.R. 395, ‘‘do not call’’ database is most vital. In Or- that we do not have to worry about the which will authorize the Federal Trade Com- egon, more than 125,000 people have added telemarketing barbarians at the gate mission to establish a landmark national do- their names to the state managed ‘‘do not every single evening. not-call registry that will allow consumers to call’’ list. This is evidence of the widespread Ms. SCHAKOWSKY. Madam Speaker, opt-out of unwanted and harassing tele- public appeal of being able to vastly reduce I am happy to yield 2 minutes to the marketing calls. With passage of this bill, our the number of sales calls to which one is sub- gentlewoman from Texas (Ms. JACK- families will be able to wind down their long jected. Subsequently, I have no doubt that SON-LEE), who has stood up for the days by eating a peaceful dinner without the many Americans would consider a national rights of consumers so many times on incessant calling that so often annoys and dis- ‘‘do not call’’ list a welcome weapon in fending this floor. rupts our time with our families. off nightly invasions of their peace and privacy Electronic market capabilities and strategies b 1630 by telemarketers. have become more aggressive as technology In short, a national ‘‘do not call’’ registry Ms. JACKSON-LEE of Texas. Madam has advanced and action needs to be taken to would extend to all Americans the benefits al- Speaker, I want to thank the distin- protect the peace and privacy of people in ready realized by subscribers to similar lists in guished gentlewoman for yielding me their homes. I feel that this legislation, which varying states. I’ve heard firsthand from Or- this time, and I congratulate her again is similar to a Connecticut law, goes a long egonians about the success of their ‘‘do not for her membership on the Committee way in accomplishing that. The intention of call’’ list. I would very much like the expanded on Energy and Commerce and her very telemarketers and others are by no means opportunity for privacy of ‘‘do not call’’ lists to rightful position dealing with con- sinister, but Americans must have the means be available nationwide. In the twenty-first sumer advocacy. to protect themselves from different kinds of century, our names, addresses, phone num- This is a legislative initiative that I intrusions, including the frequent bothersome bers and spending habits have all become wanted to applaud and speak to be- telemarketing calls interrupting a family dinner, commodities for commercial trade. Our tele- cause I live in a community that has a which this legislation would enable them to do. phones often function as much as a marketing substantial number of senior citizens. I As different kinds of technology continue to tool for salesmen as a tool for our conven- have had the occasion to be engaged move forward, we must be vigilant in ensuring ience. As a rule, unwanted sales calls come at with these senior citizens in town hall that the personal privacy rights of our citizens the most inopportune time, steal our time from meetings when they have held up mail are not being encroached upon. our families and children, and reduce the qual- or they have said, I got a call and how The larger issue of privacy in our nation ity of our lives. We should make sure that should I respond; or maybe unfortu- does not end with this legislation, obviously, Americans have real tools for mitigating the nately some have already responded, but rather this bill becomes one of several damage that telemarketing calls can have. and that is by sending money, by buy- tools that Congress has been able to employ That is why I support a national ‘‘do not call’’ ing whatever the individual was trying to protect our citizens. There are still other registry that respects strong state privacy pro- to sell or be frightened for not being avenues of privacy that must continue to be tections. That’s why I support the recognition able to secure it. safeguarded including wireless services, finan- of those state lists by the FTC. And that’s why This legislation is extremely impor- cial information as well as computers and tant and balanced. I support the rights of consumers to control communications. This legislation is certainly telemarketer access to their phones. Certainly we realize that tele- an important step in this direction. marketing is an industry, that people I urge my colleagues to support this legisla- Ms. McCARTHY of Missouri. Madam work in telemarketing, that many of tion. Speaker, today members of the House will ap- my constituents, likewise in hourly Ms. HOOLEY of Oregon. Madam Speaker, prove H.R. 395, the Do-Not-Call Implementa- wages, survive by being telemarketers. I rise today in support of privacy protections tion Act. this measure is designed to return We want them to continue to be able to for consumers nationwide as we consider the privacy to consumers, but more must be done do their work. At the same time, I Do-Not-Call Implementation Act. My home to close loopholes and fully protect consumers think it is important that as they do state of Oregon is one of a growing number of from unwanted telemarketing phone calls to their work, they also respect those who states that have recognized the growing im- their home. may be intimidated by the process. portance of protecting consumer privacy. Or- My main interest in the implementation of a I am grateful that the legislation was egon’s legislature has parlayed its respect for national Do Not Call registry is to ensure that thoughtful, that it seeks to balance by individual privacy into legislation regulating such a list improves rather than diminishes the providing the FTC with the responsi- telemarketing calls. Like those in more than laws already in place in 27 states, including bility of imposing user fees on tele- two dozen other states, Oregon’s lawmakers my State of Missouri. Missouri’s Do Not Call marketers, for establishing and main- have seen fit to compile a list of individuals list, which was implemented on July 1, 2001, taining a national do-not-call list. who no longer wish to receive unsolicited tele- gives consumers the ability to choose whether What is wrong with consumers having marketing calls. And, they have vested the at- they would like to receive unsolicited tele- a choice, being able to be on the list? torney general with the power to levy harsh marketers calls. 1,133,636 phone lines have So therefore I would like to add my sanctions on those firms who call listed con- registered with the Missouri Attorney General’s support to this legislation. sumers anyway. Oregon’s law is powerful and office as of this February to avoid unsolicited And before I go to my seat, I wanted effective because it allows for the local en- phone calls, more than half of the households to also make sure that I acknowledged forcement of telemarketing rules with narrow in the State. These results are representative the legislation previously on the floor exceptions. Only political organizations and a of other states that have implemented a Do regarding the POWs and to acknowl- few not-for-profit groups are exempt from the Not Call list. edge the 30 years after Mr. SAM JOHN- restrictions on calls placed to listed con- More than 90 percent of the reported ‘‘viola- SON of my State found his way home sumers. tions’’ of the state law are not illegal, which and to simply say how appreciative we It is important to me that Federal legislation confuses consumers. This is due to freedom are of the service of our men and authorizing the creation of a national ‘‘do not of speech which enables political, charitable, women, in particular those who were call’’ registry does not unnecessarily widen the and government regulated businesses to willing or understood that even though carefully carved exceptions of state laws like make unsolicited phone calls. Financial serv- they were prisoners of war, they were Oregon’s. States that have developed strong ices companies and phone companies are not never forgotten. protections on privacy should not see their regulated by the Missouri Attorney General, So I thank him for his service, and I rules watered down. I sincerely hope and ex- thus these entities can legally solicit anyone in add my support to H.R. 395 and to the pect that FTC will show deference to deter- Missouri by phone. These loopholes, as well proceeding legislation. minations made by states as it coordinates the as others permitting ‘‘consultations’’ but not

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.036 H12PT1 H412 CONGRESSIONAL RECORD — HOUSE February 12, 2003 sales, have allowed unsolicited calling to con- Consumers, charities, telemarketing compa- investment capital to small businesses in the tinue, even of those consumers who have reg- nies, local governments and other interested telecommunications industry working to de- istered on the state Do Not Call list. I urge the parties, have voiced their complaints and com- velop new technologies to improve tele- Federal Trade commission (FTC) and Federal municated their concerns. In the Tele- communications services to under-served Communications Commission (FCC) to follow marketing and Consumer Fraud and Abuse urban and rural communities. The 1996 Act the spirit of H.R. 395 and restrict calls by reg- Prevention Act, passed in 1994, we gave the created the Telecommunications Development ulated industries such as credit card compa- FTC the discretion to create a national do-not- Fund (‘‘TDF’’) and financed the Fund from in- nies and phone companies which account for call program. Based on that authority, the FTC terest collected on the initial deposits the FCC a majority of the telemarketing calls. In addi- has considered a wide range of complicated required of all bidders in the FCC’s spectrum tion, the FTC and FCC must work to transfer issues and has produced a reasoned result. I auctions. state Do Not Call lists to the federal list so that urge the appropriations in the Omnibus Appro- Currently, in order to qualify to participate in consumers who have signed up locally will not priations Conference to include full funding of FCC auctions of spectrum for telecommuni- have to do so nationally. Even though not ex- this program now. In fact, I have no objection cations services, the FCC requires prospective plicitly stated in the bill, a rule to provide this under these circumstances to inserting H.R. bidders to deposit a specified dollar amount convenience will enhance the effectiveness of 395 itself into the Conference Report. with the FCC. Under the legislation adopted in this effort. As the FTC launches the do-not-call reg- 1996, the FCC places these deposits—some- FTC Chairman Timothy Muris told the En- istry, we must monitor its progress closely. By times called ‘‘up-front payments’’—in an inter- ergy and Commerce Committee that the Fed- any measure, coordinating the efforts of the est-earning account. A ‘‘successful bidder’’ is eral Do Not Call list is to be funded by the Federal Trade Commission, the Federal Com- identified through the auction process. The telemarketers who must purchase an updated munications Commission and state authorities ‘‘deposits’’ of the unsuccessful bidders that had been held by the FCC are returned to Federal Do Not Call list every three months, into one national system will be a challenge. these bidders without interest. The principal ensuring protection to consumers. The text of The rewards, however, can be great. As these amount of the successful bidder’s deposit is H.R. 395 does not explicitly state this, thus the many parts work together as one, we can paid to the U.S. Treasury. The interest earned measure leaves room for loopholes for specific achieve a comprehensive program that will telemarketers. I look forward to studying the on the upfront payments of all the bidders is empower consumers without unnecessarily remitted to the TDF. required FTC & FCC reports to Congress en- burdening industry. suring that H.R. 395 successfully protects Prior to the 1996 Act, tens of millions of dol- This is an important issue to consumers lars of bidders’ deposits had been held in non- those who choose not to receive telemarketer across the nation that should not be delayed calls. H.R. 395 should follow the original intent interest bearing accounts. By requiring that any further. these funds be held in interest-bearing ac- of state Do Not Call laws and use Federal ju- Mr. COSTELLO. Madam Speaker, I rise risdiction to close loopholes that states cannot. counts, Congress provided a mechanism to fi- today in strong support of H.R. 395, the Do- nance the important goals of the TDF without Mr. UDALL of New Mexico. Madam Speak- No-Call Implementation Act of 2003. This leg- er, I am pleased that the House is taking ac- any budgetary impact, without requiring any islation authorizes the Federal Trade Commis- appropriations and without imposing either tion today on H.R. 395, the Do-Not-Call Imple- sion (FTC) to collect fees from telemarketers mentation Act, to help establish a national do- new taxes or fees. To date, fifty million dollars for the implementation and enforcement of a not-call registry. I strongly support this impor- has been collected—at no cost to the taxpayer national do-not-call registry. This legislation tant legislation that will greatly benefit con- or the regulated industry—from interest earned also requires that the Federal Communications sumers by providing them with a simpler, on spectrum bidder’s deposits. But more could Commission (FCC) finalize its rules for such a more effective and efficient way to notify tele- be done to make telecommunications products list in coordination with the FTC to ensure marketers that they do not want to receive un- and services available to under-served com- there are no inconsistencies in the regulations. solicited phone calls. munities—rural and inner city—of every kind. Unfortunately, we have all experienced According to the FTC, consumer complaints Once the successful bidder has been identi- those annoying unsolicited phone calls as we regarding unwanted telemarketing calls in- fied through the auction, a formal licensing creased over one thousand percent between sit down to enjoy dinner with our families. A process gets underway. At that time, the suc- 1998 and 2002. Although telemarketers are national registry will help limit unwelcome cessful bidder is required to increase the currently already required to maintain do-not- phone calls and restore a sense of control amount of the deposit held by the Federal call lists, the FTC’s decision to create a na- over the telephone where it belongs, with the Government to 20 percent of the amount of tional do-not-call registry is a critical step to- consumer. The FTC’s decision to develop the successful bid. The remainder of the suc- wards further decreasing the hundreds of an- such a registry comes after nearly a year of cessful bid is payable when the license is noying and unwanted telemarketing calls that analysis, in which more than 60,000 public issued. Typically, a number of months pass consumers receive each year. The do-not-call comments were received, the overwhelming between when the successful bidder is identi- registry would allow consumers to list their majority of which supported a national do-not- fied and when the license is formally issued by phone numbers to notify all telemarketers that call list. A national list will provide consumers the FCC. The interest that could be earned on they no longer want to receive unsolicited with a quick and efficient mechanism to re- the additional deposits—sometimes called calls, rather than having to contact each tele- move their names from telemarketing lists. ‘‘down payments’’—during the licensing proc- marketer individually. Consumers will be able to register for free on- ess represents a significant source of funding Among other provisions, H.R. 395 provides line or by calling a toll-free number. This will for the TDF. a five-year authorization for the FTC to collect be less burdensome than forcing consumers Unfortunately, despite the language of the offsetting fees from telemarketers to pay for a to make such requests on a company-by-com- 1996 Act—which makes no distinction be- National ‘‘do-not-call’’ registry, which is esti- pany basis, and will work in concert with tween bidders’ ‘‘up-front payments’’ and suc- mated to cost $16 million annually. It also re- states such as Illinois that either have or are cessful bidders’ ‘‘down payments,’’ referring to quires important consultation and coordination implementing such lists. both simply as ‘‘deposits,’’—the FCC has not between the FTC and FCC to maximize con- I have received numerous messages from required increased ‘‘down payment’’ deposits sistency of its rules. both of these provisions, my constituents in the 12th District of Illinois of initially successful bidders to also be placed and passage of this bill, are important steps concerning their frustrations with tele- in interest bearing accounts for the benefit of toward making a national do-not-call registry a marketers. A national do-not-call list will an- the TDF. As a consequence, small tele- reality. swer a long-felt consumer need for better con- communications companies, and the people in I urge my colleagues to join me in support trol over telemarketing calls to the home. I under-served urban and rural areas that might of this important legislation. urge my colleagues to support this pro-con- have been the beneficiaries of the technology Mr. DINGELL. Madam Speaker, H.R. 395, sumer legislation. these companies are working to develop, have the ‘‘Do-Not-Call Implementation Act,’’ author- Mr. TOWNS. Madam Speaker, today, along been deprived of access to tens of millions of izes the Federal Trade Commission (FTC) to with my colleagues, Mr. UPTON and Mrs. WIL- dollars of additional investment capital that the collect fees to fund its national do-not-call reg- SON, as original co-sponsors, I re-introduce the TDF could have made available. This addi- istry. Unwanted sales calls have become a ‘‘Telecommunications Development Fund Im- tional source of investment capital would have nuisance that many consider an invasion of provement Act.’’ come from the interest that could have been privacy. A national do-not-call registry will The Telecommunications Act of 1996 in- earned on the additional down payment de- allow consumers to limit these unwanted intru- cluded an important provision, which I co- posits during the period between the identifica- sions and once again answer their telephones sponsored with the former Subcommittee tion of the successful bidder and the issuance without aggravation. Chair, Mr. Fields, to expand the availability of of the license.

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A12FE7.024 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H413 The Telecommunications Development under which the TDF is authorized to make SEC. 2. INCREASE IN PENALTIES FOR UNFAIR OR DECEPTIVE ACTS OR PRACTICES EX- Fund Reform Act (‘‘TDFIA’’) rectifies this draft- loans. PLOITING REACTION TO CERTAIN ing oversight to close the loophole created by Madam Speaker, I hope that the Commerce EMERGENCIES AND MAJOR DISAS- the FCC. The TDFIA renames the bidders’ ini- Committee will schedule hearings on this im- TERS. tial deposits as ‘‘up-front payments’’ and pre- portant technical amendment to the 1996 (a) VIOLATIONS OF PROHIBITION AGAINST UN- serves existing law treatment of the interest Telecommunications Act and report the Bill to FAIR OR DECEPTIVE ACTS OR PRACTICES.—Sec- earned on these payments. The TDFIA also the full House for consideration early in this tion 5(m)(1) of the Federal Trade Commis- sion Act (15 U.S.C. 45(m)(1)) is amended by defines the additional deposits made by suc- Session. I invite my colleagues to join me in adding at the end the following: cessful bidders as ‘‘down payments’’ and passing this important legislation at a time ‘‘(D) In the case of a violation involving an treats these down payments the same way as when infusion of additional capital investment unfair or deceptive act or practice in an existing law treats the bidders’ initial deposits/ into struggling small telecommunications com- emergency period or disaster period, the up-front payments, i.e., the down payment panies may help create jobs, stimulate new amount of the civil penalty under this para- funds will be required to be placed in an inter- technology and expand telecommunications graph shall be double the amount otherwise est-bearing escrow account and, upon services to under-served urban and rural provided in this paragraph, if the act or prac- areas of the nation suffering from the current tice exploits popular reaction to the national issuance of the license, the interest earned emergency, major disaster, or emergency will be required to be remitted to the TDF. economic slowdown. This legislation can stim- that is the basis for such period. The amendments made by the TDFIA are ulate important economic activity without en- ‘‘(E) In this paragraph— purely prospective in effect, applying only to actment of new taxes, appropriation of addi- ‘‘(i) the term ‘emergency period’ means the future FCC spectrum auctions. The amend- tional federal funds or any adverse effect on period that— ments would have no effect on existing down the federal budget deficit. I recommend it to ‘‘(I) begins on the date the President de- payments held by the FCC in connection with my colleagues for their consideration and clares a national emergency under the Na- tional Emergencies Act (50 U.S.C. 1601 et previously conducted auctions. In particular, thank Mr. UPTON and Mrs. WILSON for their seq.); and the TDFIA would have no effect on the con- support of this worthy endeavor. ‘‘(II) ends on the expiration of the 1-year troversy or pending litigation related to the so- Mr. STEARNS. Madam Speaker, I period beginning on the date of the termi- called ‘‘NextWave’’ licenses, and would not af- yield back the balance of my time. nation of the national emergency; and fect any bidder’s entitlement to a refund of de- The SPEAKER pro tempore (Mrs. ‘‘(ii) the term ‘disaster period’ means the 1- posited funds or any bidder’s claim for pay- BIGGERT). All time having expired, pur- year period beginning on the date the Presi- ment of interest on any refund. suant to the order of the House of dent declares an emergency or major dis- The FCC does not oppose these provisions Tuesday, February 11, 2003, the bill is aster under the Robert T. Stafford Disaster of the TDFIA. considered read for amendment and the Relief and Emergency Assistance Act (42 Finally, the 1996 Act requires the TDF to previous question is ordered. U.S.C. 5121 et seq.).’’. The question is on the engrossment (b) VIOLATIONS OF OTHER LAWS ENFORCED satisfy the requirements of the Federal Credit BY THE FEDERAL TRADE COMMISSION.—Sec- Reform Act of 1990 (‘‘FCRA’’), 2 U.S.C. § 661 and third reading of the bill. tion 13 of the Federal Trade Commission Act et seq., prior to making loans. Except for this The bill was ordered to be engrossed (15 U.S.C. 53) is amended by adding at the reference, the FCRA applies only to loans and read a third time, and was read the end the following: made by Federal Government agencies. third time. ‘‘(e)(1) If a person, partnership, or corpora- One of the purposes of the FCRA was to The SPEAKER pro tempore. The tion is found, in an action under subsection ‘‘place the cost of [Federal] credit programs on question is on the passage of the bill. (b), to have committed a violation involving a budgetary basis equivalent to other Federal The question was taken; and the an unfair or deceptive act or practice in an Speaker pro tempore announced that emergency period or a disaster period, and if spending.’’ 2 U.S.C. § 661(2). Consistent with the act or practice exploits popular reaction this purpose, among the provisions of the the ayes appeared to have it. Mr. STEARNS. Madam Speaker, on to the national emergency, major disaster, FCRA are requirements for ‘‘budgetary author- or emergency that is the basis for such pe- ity’’ in an appropriations act to cover the cost that I demand the yeas and nays. riod, the court, after awarding equitable re- of new Federal loans or loan guarantees, 2 The yeas and nays were ordered. lief (if any) under any other authority of the The SPEAKER pro tempore. Pursu- U.S.C. § 661c(b), and application of budgetary court, shall hold the person, partnership, or ant to clause 8 of rule XX, further pro- accounting requirements to loans subject to corporation liable for a civil penalty of not ceedings on this question will be post- the FCRA, 2 U.S.C. § 661c(d). These require- more than $22,000 for each such violation. poned. ‘‘(2) In this subsection— ments have no logical application to the TDF’s ‘‘(A) the term ‘emergency period’ means f funds, which are not subject to congressional the period that— appropriations or the Federal budget process. MESSAGE FROM THE PRESIDENT ‘‘(i) begins on the date the President de- The Office of Management and Budget, to A message in writing from the Presi- clares a national emergency under the Na- which administration and oversight of the dent of the United States was commu- tional Emergencies Act (50 U.S.C. 1601 et FCRA is entrusted, concurs with this view. seq.); and nicated to the House by Ms. Wanda ‘‘(ii) ends on the expiration of the 1-year Imposing the requirements of the FCRA on Evans, one of his secretaries. loans made by the TDF has erected an insur- period beginning on the date of the termi- f nation of the national emergency; and mountable barrier to the use of loans by the ‘‘(B) the term ‘disaster period’ means the 1- TDF as a financing option, notwithstanding the AMERICAN SPIRIT FRAUD year period beginning on the date the Presi- intent of the 1996 Act that the TDF be author- PREVENTION ACT dent declares an emergency or major dis- ized to make loans to credit-worthy small busi- Mr. STEARNS. Madam Speaker, I aster under the Robert T. Stafford Disaster nesses. By making TDF subject to FCRA, move to suspend the rules and pass the Relief and Emergency Assistance Act (42 TDF would be required to obtain appropria- bill (H.R. 346) to amend the Federal U.S.C. 5121 et seq.).’’. tions before it could make loans to prospective Trade Commission Act to increase civil The SPEAKER pro tempore. Pursu- borrowers. Requiring the TDF to comply with penalties for violations involving cer- ant to the rule, the gentleman from the FCRA makes no sense from a policy tain proscribed acts or practices that Florida (Mr. STEARNS) and the gentle- standpoint (TDF receives no appropriated exploit popular reaction to an emer- woman from Illinois (Ms. SCHAKOWSKY) funds) and can only be explained as a drafting gency or major disaster declared by the each will control 20 minutes. error. President, and to authorize the Federal The Chair recognizes the gentleman The TDFIA repeals this requirement to en- Trade Commission to seek civil pen- from Florida (Mr. STEARNS). able the TDF to enjoy the same flexibility in alties for such violations in actions GENERAL LEAVE making loans as any other non-governmental brought under section 3 of that Act. Mr. STEARNS. Madam Speaker, I entity. The amendment to the TDF’s loan au- The Clerk read as follows: ask unanimous consent that all Mem- thority made by the TDFIA preserves the re- H.R. 346 bers may have 5 legislative days within quirement that the TDF comply with any other Be it enacted by the Senate and House of Rep- which to revise and extend their re- ‘‘applicable’’ Federal law in making loans to el- resentatives of the United States of America in marks on this legislation and to insert igible small businesses. The amendment to Congress assembled, extraneous material in the bill. the TDF’s loan authority made by the TDFIA SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there is narrowly focused and does not affect the This Act may be cited as the ‘‘American objection to the request of the gen- existing substantive criteria of the 1996 Act Spirit Fraud Prevention Act’’. tleman from Florida?

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.027 H12PT1 H414 CONGRESSIONAL RECORD — HOUSE February 12, 2003 There was no objection. BASS) for taking the initiative on this Madam Speaker, I yield the balance Mr. STEARNS. Madam Speaker, I very important bill authoring H.R. 346, of my time. yield myself such time as I may con- the American Spirit Fraud Prevention Mr. STEARNS. Madam Speaker, I sume. Act. have no further requests for time, and In the weeks since September 11, Madam Speaker, I reserve my time. I yield back the balance of my time. 2001, this Nation has mourned, has been Ms. SCHAKOWSKY. Madam Speaker, The SPEAKER pro tempore. The angry, has been anxious, and has been I yield myself as much time as I may question is on the motion offered by very generous in response to the needs consume. the gentleman from Florida (Mr. of those who were affected. This Amer- I rise in strong support of H.R. 346, STEARNS) that the House suspend the ican spirit has reached record levels the American Spirit Fraud Prevention rules and pass the bill, H.R. 346. and now stands as symbolic as this Na- Act, and I also want to commend the The question was taken. tion’s greatness and ability to support gentleman from New Hampshire (Mr. The SPEAKER pro tempore. In the a just cause, the relief of the victims BASS) for his leadership on this issue, opinion of the Chair, two-thirds of and their families. as well as my colleagues on the Com- those present have voted in the affirm- But we have also seen the darker side mittee on Energy and Commerce for ative. of humanity. Reports of people using ensuring this measure’s swift passage Mr. STEARNS. Madam Speaker, on this tragedy and the generous Amer- through the committee. that I demand the yeas and nays. ican spirit for their own gain have ap- September 11 was the worst attack The yeas and nays were ordered. peared. Scam artists and frauds know and loss this country has ever experi- The SPEAKER pro tempore. Pursu- that in the aftermath, Americans are enced on our own soil. Countless lives ant to clause 8 of rule XX and the all too eager to help. They also appear were lost, and the Nation was con- Chair’s prior announcement, this 15- in the wake of hurricanes, earth- fronted with a new reality, a harsh minute vote on H.R. 346 will be fol- quakes, floods, and other such similar sense of our vulnerabilities. It was the lowed by 5-minute votes on the two disasters. single darkest day this Nation has questions previously postponed. The Department of Justice, the Fed- faced. The one saving grace, the one Votes will be taken in the following eral Trade Commission, and the States’ ray of hope that helped combat the order: attorneys general already have some pain, suffering, and sadness of the Na- H.R. 346, by the yeas and nays; powers to prosecute those engaged in tion was the heroism, leadership, and House Resolution 62, by the yeas and fraud and deceptive practices, but we commitment displayed by Americans nays; and must make it clear that we will se- who were determined to help. H.R. 395, by the yeas and nays. verely punish those who aim to take Some helped by giving their lives, The vote was taken by electronic de- advantage of America’s charity or an and their stories will inspire us forever. vice, and there were—yeas 422, nays 1, organization’s good name during such Others from across the country helped not voting 11, as follows: an emergency. by giving. Americans made generous [Roll No. 24] Congress must also make sure that donations to provide aid to victims of YEAS—422 consumers are not inundated with false the terrorist attacks. Over $1 billion and deceptive claims about goods and was raised for relief efforts and aid to Abercrombie Calvert Doyle Ackerman Camp Dreier services that would exploit the cir- victims’ families in the wake of Sep- Aderholt Cannon Duncan cumstances of an emergency or of such tember 11, from donations, large and Akin Cantor Dunn a disaster. Whether it is selling Cipro small, made by the American public. Alexander Capito Edwards Andrews Capps Ehlers and other drugs under false informa- Unfortunately, however, some in our Baca Capuano Emanuel tion or offering fraudulent terrorist in- country demonstrated the shameful Bachus Cardin Emerson surance, these practices must carry a side of humanity by attempting to ille- Baird Cardoza Engel penalty commensurate with their na- gally profit from the tragedy. Those in- Baker Carson (IN) English Baldwin Carson (OK) Eshoo ture. We cannot let stand the detest- dividuals tried to exploit the gen- Ballance Carter Etheridge able actions of so few that mar the erosity demonstrated by so many Ballenger Case Evans pride and patriotism we all share over through fraudulent solicitations in Barrett (SC) Castle Everett Bartlett (MD) Chabot Farr the phenomenal generosity and out- which they claimed to be representing Barton (TX) Chocola Fattah pouring of support from across the organizations benefiting the victims or Bass Clay Feeney United States and world. And we can- providing emergency response services. Beauprez Clyburn Filner not let the fear and anxiety of our citi- While those despicable acts are already Becerra Coble Flake Bell Cole Fletcher zens be preyed upon by scam artists illegal, it is important for the Congress Bereuter Collins Foley peddling their cheats and their swin- on behalf of our constituents to send a Berkley Combest Forbes dles. clear message that such behavior will Berman Conyers Ford Berry Cooper Fossella Madam Speaker, I have no doubt that be subjected to even more severe pen- Biggert Costello Frank (MA) the victims of any tragedy, their fami- alties in the future. Bilirakis Cox Franks (AZ) lies and their friends and all Americans Under this measure the maximum Bishop (GA) Cramer Frelinghuysen are as humbled as I am with the re- civil fines for actions of fraud and at- Bishop (NY) Crane Frost Bishop (UT) Crenshaw Gallegly sponse of this country to disasters. tempts to profit from national emer- Blackburn Crowley Garrett (NJ) Now we need to ensure that those who gencies in violation of the Federal Blumenauer Culberson Gerlach would abuse this determined American Trade Commission Act will be doubled. Blunt Cummings Gibbons Boehlert Cunningham Gilchrest spirit are equally staggered at our re- These increased penalties will apply to Boehner Davis (AL) Gillmor sponse. all violations that occur within 1 year Bonilla Davis (CA) Gingrey The American Spirit Fraud Preven- of the time the President declares a Bonner Davis (FL) Gonzalez tion Act would double the penalties disaster and all violations that oc- Bono Davis (IL) Goode Boozman Davis (TN) Goodlatte that the Federal Trade Commission curred during and up to 1 year after the Boswell Davis, Jo Ann Gordon would levy during times of presi- expiration of a presidential emergency Boucher Davis, Tom Goss dentially declared emergencies and dis- declared under the National Emer- Boyd Deal (GA) Granger Bradley (NH) DeFazio Graves asters if the offending action aims to gencies Act. Brady (PA) DeGette Green (TX) exploit the crisis. Madam Speaker, the public is caring Brady (TX) Delahunt Green (WI) These times, Madam Speaker, sadly and committed. We care about the Brown (OH) DeLauro Greenwood occur more often than one might well-being of our neighbors, and we are Brown (SC) DeLay Grijalva Brown, Corrine DeMint Gutierrez think, and the attempts to profit from committed to do what we can to ensure Brown-Waite, Deutsch Gutknecht them follow just as regularly. All hope prosperity and security for this Nation, Ginny Diaz-Balart, L. Hall of profit and gain must be removed and we will not tolerate those who un- Burgess Diaz-Balart, M. Harman from the equation for these people. dermine and abuse the American spirit. Burns Dicks Harris Burr Doggett Hart I personally would like to thank the I urge all of my colleagues to join me Burton (IN) Dooley (CA) Hastings (FL) gentleman from New Hampshire (Mr. in supporting this measure. Buyer Doolittle Hastings (WA)

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Hayes McCrery Rush ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo Kucinich Price (NC) Hayworth McDermott Ryan (OH) The SPEAKER pro tempore (Mrs. Etheridge LaHood Pryce (OH) Hefley McGovern Ryan (WI) Evans Lampson Putnam Hensarling McHugh Ryun (KS) BIGGERT) (during the vote). Members Everett Langevin Quinn Herger McInnis Sabo are reminded that there are less than 2 Farr Lantos Radanovich Hill McIntyre Sanchez, Linda minutes remaining on the clock. Fattah Larsen (WA) Rahall Hinchey McKeon T. Feeney Larson (CT) Ramstad Hinojosa McNulty Sanchez, Loretta b 1701 Filner Latham Rangel Hobson Meehan Sanders Flake LaTourette Regula Hoeffel Meek (FL) Sandlin Mr. FLAKE changed his vote from Fletcher Leach Rehberg Hoekstra Meeks (NY) Saxton ‘‘nay’’ to ‘‘yea.’’ Foley Lee Renzi Holden Menendez Schakowsky So (two-thirds having voted in favor Forbes Levin Reyes Holt Mica Schiff Ford Lewis (CA) Reynolds Honda Michaud Schrock thereof), the rules were suspended and Fossella Lewis (GA) Rodriguez Hooley (OR) Millender- Scott (GA) the bill was passed. Frank (MA) Lewis (KY) Rogers (AL) Hostettler McDonald Scott (VA) The result of the vote was announced Franks (AZ) Linder Rogers (KY) Houghton Miller (FL) Sensenbrenner as above recorded. Frelinghuysen Lipinski Rogers (MI) Hoyer Miller (MI) Serrano Frost LoBiondo Rohrabacher Hulshof Miller (NC) Sessions A motion to reconsider was laid on Gallegly Lofgren Ros-Lehtinen Hunter Miller, Gary Shadegg the table. Garrett (NJ) Lowey Ross Hyde Miller, George Shaw Gerlach Lucas (KY) Rothman Inslee Mollohan Shays f Gibbons Lucas (OK) Roybal-Allard Isakson Moore Sherman Gilchrest Lynch Royce Israel Moran (KS) Sherwood b 1704 Gillmor Majette Ruppersberger Issa Moran (VA) Shimkus Gingrey Maloney Rush Istook Murphy Shuster RECOGNIZING THE COURAGE AND Gonzalez Manzullo Ryan (OH) Jackson (IL) Murtha Simmons SACRIFICE OF UNITED STATES Goode Markey Ryan (WI) Jackson-Lee Musgrave Skelton ARMED FORCES HELD AS PRIS- Goodlatte Marshall Ryun (KS) (TX) Myrick Slaughter ONERS OF WAR DURING THE Gordon Matheson Sabo Janklow Nadler Smith (NJ) Goss Matsui Sanchez, Linda Jefferson Napolitano Smith (TX) VIETNAM CONFLICT AND CALL- Granger McCarthy (MO) T. Jenkins Neal (MA) Smith (WA) ING FOR A FULL ACCOUNTING Graves McCarthy (NY) Sanchez, Loretta John Nethercutt Snyder OF THOSE WHO REMAIN UNAC- Green (TX) McCollum Sanders Sandlin Johnson (CT) Ney Solis COUNTED FOR Green (WI) McCotter Johnson (IL) Northup Souder Greenwood McCrery Saxton Johnson, E. B. Norwood Spratt The SPEAKER pro tempore (Mrs. Grijalva McDermott Schakowsky Gutierrez McGovern Schiff Johnson, Sam Nunes Stark BIGGERT). The pending business is the Jones (NC) Nussle Stearns Gutknecht McHugh Schrock Jones (OH) Oberstar Stenholm question of suspending the rules and Hall McInnis Scott (GA) Kanjorski Obey Strickland agreeing to the resolution, H. Res. 62. Harman McIntyre Scott (VA) Kaptur Olver Stupak The Clerk read the title of the resolu- Harris McKeon Sensenbrenner Keller Ortiz Sullivan Hart McNulty Serrano Kelly Osborne Sweeney tion. Hastings (FL) Meehan Sessions Kennedy (MN) Ose Tancredo The SPEAKER pro tempore. The Hastings (WA) Meek (FL) Shadegg Kennedy (RI) Otter Tanner question is on the motion offered by Hayes Meeks (NY) Shaw Kildee Owens Tauscher the gentleman from California (Mr. Hayworth Menendez Shays Kind Oxley Tauzin Hefley Mica Sherman King (IA) Pallone Taylor (MS) HUNTER) that the House suspend the Hensarling Michaud Sherwood King (NY) Pascrell Terry rules and agree to the resolution, H. Herger Millender- Shimkus Kingston Pastor Thomas Res. 62, on which the yeas and nays are Hill McDonald Shuster Kirk Payne Thompson (CA) ordered. Hinchey Miller (FL) Simmons Kleczka Pearce Thompson (MS) Hinojosa Miller (MI) Skelton Kline Pelosi Thornberry This will be a 5-minute vote. Hobson Miller (NC) Slaughter Knollenberg Pence Tiahrt The vote was taken by electronic de- Hoeffel Miller, Gary Smith (NJ) Kolbe Peterson (MN) Tierney vice, and there were—yeas 424, nays 0, Hoekstra Miller, George Smith (TX) Holden Mollohan Smith (WA) Kucinich Peterson (PA) Toomey not voting 10, as follows: LaHood Petri Towns Holt Moore Snyder Lampson Pickering Turner (OH) [Roll No. 25] Honda Moran (KS) Solis Hooley (OR) Moran (VA) Souder Langevin Pitts Turner (TX) YEAS—424 Lantos Platts Udall (CO) Hostettler Murphy Spratt Larsen (WA) Pombo Udall (NM) Abercrombie Boyd Cox Houghton Murtha Stark Larson (CT) Pomeroy Upton Ackerman Bradley (NH) Cramer Hoyer Musgrave Stearns Latham Porter Van Hollen Aderholt Brady (PA) Crane Hulshof Myrick Stenholm LaTourette Portman Velazquez Akin Brady (TX) Crenshaw Hunter Nadler Strickland Leach Price (NC) Visclosky Alexander Brown (OH) Crowley Hyde Napolitano Stupak Lee Pryce (OH) Vitter Andrews Brown (SC) Culberson Inslee Neal (MA) Sullivan Levin Putnam Walden (OR) Bachus Brown, Corrine Cummings Isakson Nethercutt Sweeney Lewis (CA) Quinn Walsh Baird Brown-Waite, Cunningham Israel Ney Tancredo Lewis (GA) Radanovich Wamp Baker Ginny Davis (AL) Issa Northup Tanner Lewis (KY) Rahall Waters Baldwin Burgess Davis (CA) Istook Norwood Tauscher Ballance Burns Davis (FL) Jackson (IL) Nunes Tauzin Linder Ramstad Watson Ballenger Burr Davis (IL) Jackson-Lee Nussle Taylor (MS) Lipinski Rangel Watt Barrett (SC) Burton (IN) Davis (TN) (TX) Oberstar Taylor (NC) LoBiondo Regula Waxman Bartlett (MD) Buyer Davis, Jo Ann Janklow Obey Terry Lofgren Rehberg Weiner Barton (TX) Calvert Davis, Tom Jefferson Olver Thomas Lucas (KY) Renzi Weldon (FL) Bass Camp Deal (GA) Jenkins Ortiz Thompson (CA) Lucas (OK) Reyes Weldon (PA) Beauprez Cannon DeFazio John Osborne Thompson (MS) Lynch Reynolds Weller Becerra Cantor DeGette Johnson (CT) Ose Thornberry Majette Rodriguez Wexler Bell Capito Delahunt Johnson (IL) Otter Tiahrt Maloney Rogers (AL) Whitfield Bereuter Capps DeLauro Johnson, E. B. Owens Tierney Manzullo Rogers (KY) Wicker Berkley Capuano DeLay Johnson, Sam Oxley Toomey Markey Rogers (MI) Wilson (NM) Berman Cardin DeMint Jones (NC) Pallone Towns Marshall Rohrabacher Wilson (SC) Berry Cardoza Deutsch Jones (OH) Pascrell Turner (OH) Matheson Ros-Lehtinen Wolf Biggert Carson (IN) Diaz-Balart, L. Kanjorski Pastor Turner (TX) Matsui Ross Woolsey Bilirakis Carson (OK) Diaz-Balart, M. Kaptur Paul Udall (CO) McCarthy (MO) Rothman Wu Bishop (GA) Carter Dicks Keller Payne Udall (NM) McCarthy (NY) Roybal-Allard Wynn Bishop (NY) Case Doggett Kelly Pearce Upton McCollum Royce Young (AK) Bishop (UT) Castle Dooley (CA) Kennedy (MN) Pelosi Van Hollen McCotter Ruppersberger Young (FL) Blackburn Chabot Doolittle Kennedy (RI) Pence Velazquez Blumenauer Chocola Doyle Kildee Peterson (MN) Visclosky NAYS—1 Blunt Clay Dreier Kind Peterson (PA) Vitter Paul Boehlert Clyburn Duncan King (IA) Petri Walden (OR) Boehner Coble Dunn King (NY) Pickering Walsh NOT VOTING—11 Bonilla Cole Edwards Kingston Pitts Wamp Bonner Collins Ehlers Kirk Platts Waters Allen Gephardt Smith (MI) Bono Combest Emanuel Kleczka Pombo Watson Cubin Kilpatrick Taylor (NC) Boozman Conyers Emerson Kline Pomeroy Watt Dingell Lowey Tiberi Boswell Cooper Engel Knollenberg Porter Waxman Ferguson Simpson Boucher Costello English Kolbe Portman Weiner

VerDate Jan 31 2003 03:45 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.018 H12PT1 H416 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Weldon (FL) Wicker Wu Foley Levin Reynolds NAYS—7 Weldon (PA) Wilson (NM) Wynn Forbes Lewis (CA) Rodriguez Bishop (UT) Ryan (OH) Terry Weller Wilson (SC) Young (AK) Ford Lewis (GA) Rogers (AL) Flake Strickland Wexler Wolf Fossella Lewis (KY) Rogers (KY) Young (FL) Paul Tancredo Whitfield Woolsey Frank (MA) Linder Rogers (MI) Franks (AZ) Lipinski Rohrabacher NOT VOTING—10 NOT VOTING—9 Frelinghuysen LoBiondo Ros-Lehtinen Allen Ferguson Larson (CT) Allen Ferguson Smith (MI) Frost Lofgren Ross Cubin Gephardt Simpson Baca Gephardt Tiberi Gallegly Lowey Rothman Dingell Kilpatrick Tiberi Cubin Kilpatrick Garrett (NJ) Lucas (KY) Roybal-Allard Dingell Simpson Gerlach Lucas (OK) Royce ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gibbons Lynch Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Mrs. Gilchrest Majette Rush The SPEAKER pro tempore (during Gillmor Maloney Ryan (WI) BIGGERT) (during the vote). Members the vote). Members are reminded there Gingrey Manzullo Ryun (KS) are reminded that 2 minutes are re- is less than 2 minutes remaining on the Gonzalez Markey Sabo maining on the vote clock. Goode Marshall Sanchez, Linda clock. Goodlatte Matheson T. b 1717 Gordon Matsui Sanchez, Loretta b 1710 Goss McCarthy (MO) Sanders Mr. TANCREDO changed his vote So (two-thirds having voted in favor Granger McCarthy (NY) Sandlin from ‘‘yea’’ to ‘‘nay.’’ Graves McCollum Saxton So the bill was passed. thereof) the rules were suspended and Green (TX) McCotter Schakowsky the resolution was agreed to. Green (WI) McCrery The result of the vote was announced Schiff as above recorded. The result of the vote was announced Greenwood McDermott Schrock Grijalva McGovern as above recorded. Scott (GA) A motion to reconsider was laid on Gutierrez McHugh Scott (VA) the table. A motion to reconsider was laid on Gutknecht McInnis Sensenbrenner Stated for: the table. Hall McIntyre Serrano Harman McKeon Sessions Mr. LARSON of Connecticut. Mr. Speaker, Mr. BACA. Mr. Speaker, on rollcall No. 25, Harris McNulty I was detained in the Chamber when the time Shadegg on rollcall No. 26, on final passage of H.R. Hart Meehan Shaw 395, had I been present, I would have voted elapsed on the vote. Had I not been detained Hastings (FL) Meek (FL) Shays ‘‘yea.’’ and as a veteran, I would have voted ‘‘yea.’’ Hastings (WA) Meeks (NY) Sherman Hayes Menendez Sherwood PERSONAL EXPLANATION f Hayworth Mica Shimkus Ms. KILPATRICK. Mr. Speaker, unfortu- Hefley Michaud Shuster DO-NOT-CALL IMPLEMENTATION Hensarling Millender- Simmons nately, personal business required me to re- ACT Herger McDonald Skelton turn to the district this evening before the Hill Miller (FL) Slaughter House considered votes on legislative busi- The SPEAKER pro tempore. The Hinchey Miller (MI) Smith (MI) ness for which the ‘‘yeas and neas’’ were or- pending business is the question on the Hinojosa Miller (NC) Smith (NJ) Miller, Gary dered. Had I been present, I would have cast passage of the bill, H.R. 395, on which Hobson Smith (TX) Hoeffel Miller, George my votes as follows: Rollcall No. 24 (H.R. the yeas and nays were ordered. Smith (WA) Hoekstra Mollohan Snyder 346), The American Spirit Fraud Prevention The Clerk read the title of the bill. Holden Moore Solis Act, ‘‘yea’’; rollcall No. 25 (H. Res. 62), A res- The SPEAKER pro tempore. The Holt Moran (KS) Souder Honda Moran (VA) olution recognizing Vietnam prisoners of war, question is on the passage of the bill. Spratt Hooley (OR) Murphy Stark ‘‘yea’’; and on rollcall No. 26, H.R. 395, The This will be a 5-minute vote. Hostettler Murtha Stearns Do-Not-Call Implementation Act, ‘‘yea.’’ The vote was taken by electronic de- Houghton Musgrave Stenholm vice, and there were—yeas 418, nays 7, Hoyer Myrick Stupak f Hulshof Nadler not voting 9, as follows: Sullivan REPORT ON RESOLUTION PRO- Hunter Napolitano Sweeney [Roll No. 26] Hyde Neal (MA) Tanner VIDING FOR CONSIDERATION OF Inslee Nethercutt YEAS—418 Tauscher H.R. 4, PERSONAL RESPONSI- Isakson Ney Tauzin Abercrombie Brady (TX) Cummings Israel Northup BILITY, WORK, AND FAMILY Taylor (MS) Ackerman Brown (OH) Cunningham Issa Norwood PROMOTION ACT OF 2003 Taylor (NC) Aderholt Brown (SC) Davis (AL) Istook Nunes Thomas Akin Brown, Corrine Davis (CA) Jackson (IL) Nussle Mr. DREIER, from the Committee on Thompson (CA) Alexander Brown-Waite, Davis (FL) Jackson-Lee Oberstar Rules, submitted a privileged report Thompson (MS) Andrews Ginny Davis (IL) (TX) Obey Thornberry (Rept. No. 108–9) on the resolution (H. Baca Burgess Davis (TN) Janklow Olver Tiahrt Res. 69) providing for consideration of Bachus Burns Davis, Jo Ann Jefferson Ortiz Tierney Baird Burr Davis, Tom Jenkins Osborne the bill (H.R. 4) to reauthorize and im- Toomey Baker Burton (IN) Deal (GA) John Ose prove the program of block grants to Towns Baldwin Buyer DeFazio Johnson (CT) Otter Turner (OH) States for temporary assistance for Ballance Calvert DeGette Johnson (IL) Owens Ballenger Camp Delahunt Johnson, E. B. Oxley Turner (TX) needy families, improve access to qual- Barrett (SC) Cannon DeLauro Johnson, Sam Pallone Udall (CO) ity child care, and for other purposes, Bartlett (MD) Cantor DeLay Jones (NC) Pascrell Udall (NM) Upton which was referred to the House Cal- Barton (TX) Capito DeMint Jones (OH) Pastor endar and ordered to be printed. Bass Capps Deutsch Kanjorski Payne Van Hollen Beauprez Capuano Diaz-Balart, L. Kaptur Pearce Velazquez f Becerra Cardin Diaz-Balart, M. Keller Pelosi Visclosky Bell Cardoza Dicks Kelly Pence Vitter ELECTION OF MEMBER TO COM- Bereuter Carson (IN) Doggett Kennedy (MN) Peterson (MN) Walden (OR) MITTEE ON EDUCATION AND THE Berkley Carson (OK) Dooley (CA) Kennedy (RI) Peterson (PA) Walsh WORKFORCE Berman Carter Doolittle Kildee Petri Wamp Berry Case Doyle Kind Pickering Waters Mr. DOOLITTLE. Madam Speaker, I Biggert Castle Dreier King (IA) Pitts Watson offer a resolution (H. Res. 70) and ask Bilirakis Chabot Duncan King (NY) Platts Watt Bishop (GA) Chocola Dunn Kingston Pombo Waxman unanimous consent for its immediate Bishop (NY) Clay Edwards Kirk Pomeroy Weiner consideration. Blackburn Clyburn Ehlers Kleczka Porter Weldon (FL) The Clerk read the resolution, as fol- Blumenauer Coble Emanuel Kline Portman Weldon (PA) lows: Blunt Cole Emerson Knollenberg Price (NC) Weller Boehlert Collins Engel Kolbe Pryce (OH) Wexler H. RES. 70 Boehner Combest English Kucinich Putnam Whitfield Resolved, That the following Member be Bonilla Conyers Eshoo LaHood Quinn Wicker and is hereby elected to the following stand- Bonner Cooper Etheridge Lampson Radanovich Wilson (NM) Bono Costello Evans Langevin Rahall Wilson (SC) ing committee of the House of Representa- Boozman Cox Everett Lantos Ramstad Wolf tives: Education and the Workforce: Mr. Boswell Cramer Farr Larsen (WA) Rangel Woolsey Burns. Boucher Crane Fattah Latham Regula Wu The SPEAKER pro tempore. Is there Boyd Crenshaw Feeney LaTourette Rehberg Wynn Bradley (NH) Crowley Filner Leach Renzi Young (AK) objection to the request of the gen- Brady (PA) Culberson Fletcher Lee Reyes Young (FL) tleman from California?

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.019 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H417 There was no objection. SPECIAL ORDERS shiped with. But today, now more than The resolution was agreed to. The SPEAKER pro tempore (Mr. ever, we recognize that these individ- A motion to reconsider was laid on PEARCE). Under the Speaker’s an- uals were willing to give the ultimate the table. nounced policy of January 7, 2003, and sacrifice, and that was their lives, for the betterment of humanity. f under a previous order of the House, the following Members will be recog- Unfortunately, what tragedy causes ANNOUNCEMENT BY THE SPEAKER nized for 5 minutes each. us to do is to reflect, to understand PRO TEMPORE that what we often take for granted is, f in fact, precious and unique. It is The SPEAKER pro tempore. The SUPPORTING MIGUEL ESTRADA unique to send man, woman, humanity Chair will entertain 1-minute requests. The SPEAKER pro tempore. Under a into space. It is unique what the f previous order of the House, the gen- United States has been able to do now tleman from Arizona (Mr. FRANKs) is for almost 40 years. CONFIRM MIGUEL ESTRADA AS recognized for 5 minutes. I want to applaud the NASA employ- FEDERAL JURIST Mr. FRANKS of Arizona. Mr. Speak- ees’ commitment that they have as a (Mr. DRIER asked and was given per- er, Thomas Jefferson said, ‘‘The great unified group. I know that they are mission to address the House for 1 object of my fear is the Federal Judici- hurting because of this tragedy. minute and to revise and extend his re- ary. That body, step by step, holding I have always said over the last 7 marks.) what it gains, is engulfing insidiously days that it is important for us to heal Mr. DREIER. Madam Speaker, I have the special governments into the jaws and to be able to acknowledge the pain taken this time during 1-minutes to of that which feeds them.’’ that the families are feeling, but today simply rise in strong support of some And today, Mr. Speaker, the object of was appropriate for the first congres- very important work that is taking my fear is an unrestrained judiciary, a sional hearing to be held; and I thank place, and that is the prospect of con- judiciary too quick to abandon the the Members of the other body and the firming Miguel Estrada. ideals of our forefathers and the tenets chairman of the House Committee on I do not personally know this man, of our Constitution, a judiciary swell- Science and the ranking member for but I wanted to say, Madam Speaker, ing with unchecked authority. convening us today to begin the proc- that I have read about his record and I The heart of a republic rests on its ess of reality. The words that I often say are that have talked to many people who know judiciary, Mr. Speaker, and the con- we find fault without blame, that we him very well; and I happen to believe firmation of Miguel Estrada is vital to are not afraid to acknowledge mistakes that he would be a superb jurist. And this Republic. He is a brilliant attor- and that we make it better. For exam- having spoken with people of both po- ney who has repeatedly upheld and has ple, it is important to note that there litical parties, I have heard very good been upheld repeatedly and will con- is now some interest in an orbital things about him. And I would simply tinue to be upheld. He also upholds the plane, a very good vehicle, but we must like for the record to make it clear virtues of this Nation’s sacred Con- be reminded that what the space shut- that I believe that he would be a phe- stitution. tle meant was not just a transpor- nomenally good jurist, and I hope very Arriving from Honduras at age 18, tation vehicle, but it was a floating much that will take place. speaking no English, this man has be- laboratory where scientists, medical come the personification of the Amer- f professionals and others were able to ican dream. And I urge the President engage in science and research that APPOINT MIGUEL ESTRADA AS to stand strong in his support of helped to create better lives for all of FEDERAL JUDGE Miguel Estrada and to stand strong in us, research in diabetes, research in his support of making sure that we (Mr. DOOLITTLE asked and was HIV/AIDS, heart disease, cancer, maintain a judiciary in this country given permission to address the House stroke, research in prostate cancer and that reads the law for what it is. for 1 minute and to revise and extend breast cancer. For if our judiciary continues on the his remarks.) So we cannot fail to understand the path that it is, Mr. Speaker, I think Mr. DOOLITTLE. Madam Speaker, I mission and out of fear or expeditious- perhaps the rest of us can go home. I too join my colleague from California ness move to another vehicle because just call upon the President to be en- (Mr. DREIER). I do not know personally we are concerned about this tragedy. couraged and to recognize that there Mr. Estrada, but I understand he is Be concerned and get the facts. considered to be quite outstanding by are Americans that are very grateful to We understand that the shuttle cost all those who have known him. It is re- him for the courage that he shows and $450 million. The fatality rate is about markable. It is also my understanding for the clarity that he shows in his ap- 1 in 57. On the other hand, we realize that at the age of 17 he came from Hon- pointments. that there are better ways of enhanc- duras and had very limited English Mr. Speaker, I hope that this ap- ing the safety. One of them, of course, abilities, and then he ended up going to pointment and this confirmation can is finding the facts and being able to a university and graduating from Har- go forward unfettered. provide the resources for putting the vard Law School magna cum laude and f United States at the cutting edge of served as an editor of the Harvard Law b 1730 science. I cannot imagine that because Review. He was, I understand, an offi- of where we are that we will not listen cial in the Clinton administration, ac- EXPLORING SPACE MORE to the families who issued the state- tually in the Solicitor General’s office EFFICIENTLY ment, ‘‘The human space flight must and has support from former Clinton The SPEAKER pro tempore (Mr. continue.’’ That should be the legacy. administration people and has support PEARCE). Under a previous order of the Yet we must not fall away from the from, I believe, the past six or seven House, the gentlewoman from Texas fact that in 1994 a commissioned NASA Solicitors General of the United (Ms. JACKSON-LEE) is recognized for 5 study by Stanford and Carnegie-Mellon States. Truly a premiere candidate to minutes. said that 15 percent of tiles could cause serve in this important U.S. Court of Ms. JACKSON-LEE of Texas. Mr. 85 percent of failure, or of the observa- Appeals for the D.C. circuit. Speaker, now, some more than 7 days tions of a NASA engineer in 1997 that I just wanted to register my support after the fateful return of the Columbia said debris striking the tile would for this individual, someone who is seven, those of us from Texas and cause damage. Let us not run away very outstanding, a great American, around the Nation are quick to under- from facts or the mistakes. the first Hispanic to be appointed to stand the headline in a local newspaper I believe that we have seen a consid- the court of appeals. It would be out- that says, Astronauts, the hero next erable imbalance of funding. I am standing, Madam Speaker, and I appre- door. For those of us in Texas, these gratified by the increase that we see ciate the opportunity to voice my sup- were, in fact, our neighbors, our coming in the 2004 fiscal year proposal, port for him today. friends, certainly those who many wor- and I hope the Congress will recognize

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.049 H12PT1 H418 CONGRESSIONAL RECORD — HOUSE February 12, 2003 that in addition to the moneys we need Christopher Hill, Lawrence Nelson, He has threatened preemptive strikes and have received, or will receive, for Melvin Packer, Ashleigh Roberts, against the United States of America the investigation, let us put NASA and Darryl Earthen, Arielle Williams, or, minimally, against our 36,000 troops the space program and human space Kelsey Dean, Martez Mitchell and Pau- who are trying to safeguard the people flight on the track it needs to be. line Smith, I offer my sincerest acco- of South Korea from this fanatic. This Let us not forget the dream that we lades on their accomplishment. is a poster from a rally a week ago Sat- would go to Mars, we would go to the My deepest condolences on their suf- urday, and it says here, Merciless Pun- moon, but most importantly, what we fering, and I join them in thanking Co- ishment to the American Empire, and would do would enhance humanity lumbia’s fallen crew, not only for what it depicts the United States Capitol with the research and understanding of they have taught us about space, but being blown up by a North Korean sol- these bright and outstanding men and for what they have taught us about dier. women who are willing to give us the ourselves. May we honor their memory But this is a back-burner issue with ultimate sacrifice. by continuing their voyage of dis- the Bush administration. It pales in Can we as Americans and the United covery. the face of the real threat to America. States Congress do any less for them? f Osama bin Laden? No. Saddam Hus- Yes, these are ordinary people who sein, who is in a box, without nuclear have been chosen to do extraordinary MAKING AMERICAN PEOPLE SAFER IN THEIR HOMES weapons, without the capability of de- things. These are the astronauts, the livering whatever chemical-biological heroes next door. We cannot falter, we The SPEAKER pro tempore. Under a weapons he might have had hidden and cannot stop or stumble. We must pay previous order of the House, the gen- he is shuffling around his country, try- tribute to their legacy by exploring tleman from Oregon (Mr. DEFAZIO) is ing to keep them away from the inspec- space more efficiently, more safely and recognized for 5 minutes. tors who are on the ground in Iraq, un- with the resources we need to have. Mr. DEFAZIO. Mr. Speaker, Ameri- like the inspectors who were thrown f cans are nervous. The United States is out of North Korea. on Orange Alert. The reports are that But the Bush administration says, Do HONORING BISHOP BORGESS HIGH stores have sold out of duct tape, plas- SCHOOL AND ACADEMY not worry, we will get around to this tic sheeting, bottled water, minimal someday, sometime, maybe later, The SPEAKER pro tempore. Under a supplies for people to defend them- through diplomacy. This could be set- previous order of the House, the gen- selves against the unthinkable, chem- tled through diplomacy, a maniac who tleman from Michigan (Mr. MCCOTTER) ical or biological attack, and to make has nuclear weapons and is encour- is recognized for 5 minutes. themselves safe in their homes. Ameri- aging rallies, showing the United Mr. MCCOTTER. Mr. Speaker, as our cans do not feel safe in their homes or States Capitol being blown up, some- Nation’s space program has touched here in the United States of America. one who has the capability of actually the lives of all Americans with both We are told by intelligence sources doing that; we can solve that dip- triumph and tragedy, I rise today to and the FBI that there are hundreds of lomatically, but somehow we cannot honor the special bond of courage and al Qaeda operatives at large in the work through the U.N. and the inspec- discovery between our seven Columbia United States of America who they are tors in Iraq. astronauts and Mr. Ronald Ferenczi’s either tracking or cannot find. Yester- We have got Saddam Hussein in a science class at Bishop Borgess High day Osama bin Laden, their fanatical box. Get more inspectors in there. Get School, which is located in my district. leader, gave a speech urging them to the overflights going. Keep him in that In conjunction with NASA’s initia- attack, suicide attacks against the box, work with our allies. Keep him in tives to foster a love of scientific United States of America. that box. Sooner or later, the inspec- knowledge and exploration amongst Osama bin Laden. My colleagues re- tors will find and destroy his weapons America’s youth, Mr. Ronald member him. Remember, the President just as they did in the 1990s. Yeah, he Ferenczi’s science class created a space wanted, dead or alive; we will get him; is playing games. Yeah, he is hiding experiment to study the effects of solar we will bring him to justice. The Presi- stuff. He did that then. We found it. We radiation on the T–4 virus, antibiotics dent is not allowed to mention his destroyed it. We can do that again. and related drugs and materials. Then, name anymore. It has been more than to their delight and awe, the students’ 10 months since the President has men- Is the United States so diminished in ingenious experiment was then chosen tioned the name Osama bin Laden be- the eyes of this administration and for inclusion on Columbia’s mission of cause his administration has failed others that we cannot contain a threat discovery, and brimming with curiosity miserably in finding and bringing him like Saddam Hussein and deal with ex- and pride, the students eagerly to justice. In all probability, he has traordinary threats like this up front, watched and awaited Columbia’s return, been given safe haven by the intel- and find and apprehend and bring to until . . . ligence services in Pakistan, and he, justice Osama bin Laden and his Mr. Speaker, our Nation’s space pro- according to our intelligence services operatives? I think not. gram, buoyed by courage and dedicated and his operatives, according to our I think the American people have to discovery, echoes the journey of life, FBI and others, presents the greatest real doubts about this rush to war and for cradled within our frail vessels, our threat to the security of Americans real doubts about the priorities that lives constitute courageous voyages of and the most immediate threat to the this administration is putting on the discovery about our world and about security of Americans. threats to our Nation and our country. ourselves; and as with every worthy There are other threats that are out I hope the administration begins to journey of discovery, the road ahead is there that are making people nervous. deal more seriously with this problem often hard and as often filled with tri- We have here a poster from a rally in and gets out there and finds Osama bin umph as it is with tragedy. Pyongyang a week ago Saturday. Now, Laden, and I will support those efforts, Consequently, how we cope and con- Kim Jong-il, psychopathic leader and and then continue to contain and de- tinue along our path of self-discovery oppressor of the people of North Korea, fang Saddam Hussein. That would is now and will always be our greatest he has thrown out the U.N. inspectors, make the American people safer in trial and our greatest triumph because thrown them out, and he is actively their homes. the courageous endurance of pursuing more, not a, more nuclear unfathomable suffering on the path to weapons. He already has them. He is f self-discovery is now and will always be actively building more missiles of The SPEAKER pro tempore. Under a the greatest moral measure of human- longer range. previous order of the House, the gen- ity. We were told today by Mr. Tenet he tleman from Nebraska (Mr. TERRY) is In conclusion, then, to Mr. Ferenczi may have already achieved a missile recognized for 5 minutes. and his students at Bishop Borgess that can reach the western United (Mr. TERRY addressed the House. His Academy whose names are Jason States and target my home State in remarks will appear hereafter in the Bowens, Tangie Brooks, Evan Collins, addition to Alaska and Hawaii. Extentions of Remarks.)

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.050 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H419 The SPEAKER pro tempore. Under a too long without a voice. We have a ders are weak. There is too much weak- previous order of the House, the gentle- Delta Regional Authority in this coun- ness in the South tonight. There is too woman from Indiana (Ms. CARSON) is try that is very ably led by Pete John- much poverty in the South tonight. recognized for 5 minutes. son of the State of Mississippi. I seek And it is time that we make an unprec- (Ms. CARSON of Indiana addressed to expand that authority to create a edented national commitment in this the House. Her remarks will appear Delta Black Belt Regional Authority, area. hereafter in the Extensions of Re- and I seek that this body make a com- This legislation would do one final marks.) mitment that would be unprecedented thing. It would give local communities, f in terms of its investment of resources through a constituent representation in the southern and central parts of board that I would put in this legisla- TRIBUTE TO FOUR BRAVE MEN OF this country. tion, it would give them an oppor- U.S. ARMY’S 160TH SPECIAL OP- This legislation, if enacted, would tunity to control 20 percent of the ERATIONS AVIATION REGIMENT ask that $100 million be appropriated in funding that would be allocated to this (Mr. COOPER asked and was given the first fiscal year to 552 counties and new authority. It is important that the permission to address the House for 1 14 States in this country of ours. I rec- people who live on the ground, who do minute.) ognize that I come before this Congress the work in our community and faith- Mr. COOPER. Mr. Speaker, I rise asking that this commitment be made based organizations have a chance to today to pay tribute to four remark- at a time when the priorities of the control and direct resources. It is im- able men, four brave men from the U.S. President are very different. Across the portant that they have an opportunity Army’s 106th Special Operations Avia- South we see economic development to control the way Federal funds are tion Regiment who gave their lives re- programs being cut. We see the enter- spent. Too many people are locked out cently while in service to our country. prise communities and the empower- of this process. Too many people are in On Thursday, January 30, 2003, the ment zones that have been so critical situations where their voices go un- four-member crew was participating in in my State and so critical in the heard as we think about how we spend training operations near Bagram Air States of so many of my colleagues ze- economic development dollars. Base in Afghanistan when their MH–60 roed out, eliminated from funding. We So I speak tonight on behalf of the Blackhawk helicopter crashed. The see funding for rural hospitals cut rural South. I speak on behalf of the elite Night Stalker 160 SOAR unit, back. Our priorities, I would submit, millions of children who live in poverty which is stationed at Fort Campbell are firmly and fundamentally wrong on in that region, and I call for a national near my home district in Tennessee, all these issues. commitment beyond any that we have honored these four aviators at a memo- Too many people are losing their made. rial service last week. Chief Warrant jobs. Too many companies are closing f Officer 3 Mark O’Steen, Chief Warrant in the South. And I would submit that at this point we have two Souths. We IN SUPPORT OF MIGUEL Officer 2 Thomas Gibbons, Staff Ser- ESTRADA’S CONFIRMATION geant Daniel Leon Kisling, Jr., and have one that is prosperous, we have Sergeant Gregory Michael Frampton one that is growing, one that is in The SPEAKER pro tempore. Under a were remembered as deeply patriotic touch with the modern economy that previous order of the House, the gen- and devoted family men. we have. We have another one that is tleman from Indiana (Mr. PENCE) is Their tragic loss will not be forgot- languishing; we have another one that recognized for 5 minutes. ten among family members, friends or has lagged behind. It is the second Mr. PENCE. Mr. Speaker, the history fellow soldiers that they left behind, South that I represent in the seventh of our Nation was forged in the balmy nor will it fade from the memories of district of Alabama. summer of 1787 in what was at the time those who live and work in Fort Camp- We need to make a commitment that the statehouse of Pennsylvania in bell. Each of these men made the great- when 40 percent of the people in var- Philadelphia. There the geniuses who est sacrifice a soldier can make, to give ious counties live in poverty, we need created the Constitution of the United his life for the cause of preserving our to make a commitment that when too States created three separate branches freedom. many children in the South live in of government and a system of checks I thank them for serving our country school districts that are underfunded, and balances within that government proudly and honorably. that we put their concerns at the top of that would provide for the common de- our agenda. We can talk all we want fense, promote the general welfare, and f about economic development, but until ensure the blessings of liberty for not b 1745 we find ways to grow the physical in- only themselves but we, their pos- frastructure of the South and, more terity. LEGISLATION ESTABLISHING importantly, capitalize and build the Central to that balance of power, Mr. DELTA BLACK BELT REGIONAL human infrastructure of the South, we Speaker, was the notion of an inde- AUTHORITY will see two Souths. We will see the pendent judiciary, which, at the level The SPEAKER pro tempore (Mr. South that I represent lag behind. of the Federal Court, would be gov- PEARCE). Under a previous order of When the President talks about com- erned by the appointment of the Presi- the House, the gentleman from Ala- passionate conservatism, he does it dent of the United States. But again it bama (Mr. DAVIS) is recognized for 5 with great eloquence. But his budget- was not without checks and balances, minutes. makers need to meet his speech-mak- Mr. Speaker, because the Senate itself, Mr. DAVIS of Alabama. Mr. Speaker, ers. We need to make a commitment under the Constitution, was given the I rise tonight on behalf of the 635,000 that we will put resources and that we authority to review the qualifications citizens in my congressional district, will give these resources a chance to of individuals that the chief executive which is one of the three poorest con- work in a part of our country that has would appoint for the judiciary. gressional districts in the United gone ignored. And so our Nation proceeded from States of America. As we focus on this This legislation, and I have cir- the basement home of the Supreme budget and all the pressing economic culated ‘‘Dear Colleague’’ letters to Court, which is still in this building needs in our country, we ought to re- many of the Members of the House, has today, back when it met just off the member that there is a class of Ameri- a chance of passage if we remember House Chamber for one day a year, to cans whose needs often go unaddressed two priorities: First of all, that this en- the august building and the awesome in this body and elsewhere. It is the tire country is anchored and weighted legacy of the U.S. Supreme Court millions of Americans who live in the down if the rural South continues to today. And yet, Mr. Speaker, some- Black Belt of the South, or the Delta lag; and second of all, that no country where along the way, about the time of Region of the South. can be strong when too many of the my youth, our Supreme Court seems, Just yesterday, I introduced legisla- people who live in its borders are weak. as it has done at different times in its tion that I hope will crystallize atten- No country can be strong when too history, the Dred Scott case comes to tion on this problem that has gone for many of the people who live in its bor- mind, the Supreme Court seems to

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.054 H12PT1 H420 CONGRESSIONAL RECORD — HOUSE February 12, 2003 have gotten out of step with the Amer- TRIBUTE TO THE REVEREND DR. one in the congregation sings ‘‘Amaz- ican people, banning innocuous vol- HENRY DELANEY ing Grace’’ with more feeling. untary prayer in the schools in the The SPEAKER pro tempore. Under a ‘‘Reverend Delaney is educating 1960s; and, as a pro-life American, previous order of the House, the gen- inner-city kids in Savannah who other- striking down the laws against abor- tleman from Georgia (Mr. BURNS) is wise would not be in school, who would tions in all 50 States in 1973. recognized for 5 minutes. drop out and be rejected or be expelled. Ethel Delaney, meanwhile, opened the Many, and me included, Mr. Speaker, Mr. BURNS. Mr. Speaker, I rise Saint Paul’s Community Cultural Cen- believe that we have a judiciary that today to pay tribute to a great Amer- ter, or what she calls a Christian has begun to move left when America ican. The Reverend Dr. Henry Delaney charm school for girls. Since they don’t stayed as a center-right Nation in its is an African American pastor in Sa- accept Federal money, both schools in- philosophies. But we counted on the vannah, Georgia. While I have not still a heavy dose of discipline and reli- checks and balances, Mr. Speaker. We known the Reverend Delaney for long, what I have seen of him and his min- gion. counted on the ability, through elec- ‘‘Henry also runs a homeless shelter tions, to correct that imbalance for istry has been mightily impressive. But I ask that you not just take my word for young men who are recovering drug these lifetime-appointed jurists. When addicts and recent parolees from pris- 1980 came along, a center-right major- for it. Many other national leaders in our country have recognized Reverend on, helping them find jobs and keeping ity elected Ronald Reagan President of them clean from drugs. What is dif- the United States, and that President Delaney, including Senator LAMAR AL- EXANDER from the State of Tennessee. ferent is the evangelistic fervor Rev- nominated to the Court individuals erend Delaney brings to this task. who reflected that philosophy, that Mr. ALEXANDER recognized Mr. Delaney in a chapter of his book entitled ‘‘We Many of these fellas have gone through center-right majority philosophy in the 28-day detox programs, but within 4 America. Know What to Do.’’ I would like to read a short excerpt or 5 days, they are back at it. So every And that is when we all heard of from that chapter this evening. I have week, Monday, Wednesday and Friday, Judge Bork. Because that was at a taken a few editorial liberties for the he keeps them busy with evening wor- time, it seems to me, Mr. Speaker, and sake of clarity for this tribute. ship. On Tuesday, they have Bible we are seeing it lived out again at the Of Reverend Delaney Mr. ALEXANDER study. On Sunday they attend church other end of this building this very wrote: ‘‘If you roll back the Federal regularly. So far it has worked very night, when the Senate of the United Government, then who is going to do well. States as an institution departed from what needs to be done? Henry Delaney, ‘‘He calls his shelter the Hallelujah its historic role of evaluating the that’s who. He already has. He has re- House. This is how you have to conduct qualifications of appointees to the minded us how to confront the drug a war against drugs, using a series of Court to evaluating their thoughts, plague and shut down crack houses. He trenches. It starts in the family. If you evaluating their ideology. Before, did it with faith and commerce and fail there, you have to take them off throughout American history, the ide- mostly private funding. He has the streets, and you have to reassemble ology or the views of appointees to the achieved dramatic results without mil- them at the workplace. Court were decided in elections. The lions in Federal aid and without tram- ‘‘Of all the uphill battles he and his President’s values would no doubt be pling anyone’s rights. wife wage, Henry is most perplexed by reflected in his appointees to all parts ‘‘Henry moved to one of the poorest the Nation’s failure to focus consist- of the government. But beginning in sections of Savannah, Georgia, in 1989. ently on the drug issue. His is a voice the 1980s, with Judge Bork’s defeat as a It is fair to say that a lesser person from the inner city of Savannah that Supreme Court nominee, we saw a dif- would have been daunted by what Rev- we should be listening to. In the 1970s, ferent impact on the process, an activ- erend Delaney found in Savannah. He when national voices suggested that ist Senate joining with an activist moved into a house on 32nd Street that marijuana was cool and drugs were Court. had been boarded up and occupied by okay, kids used drugs. In the early This plays out again today in the crack addicts. He inherited a ram- 1980s, when national leadership and nomination of an extraordinary man, shackle church whose property was some of the media said it wasn’t okay, Miguel Estrada, President Bush’s about to be foreclosed on by the De- drug use began to decrease. nominee to the U.S. Court of Appeals partment of Housing and Urban Devel- b 1800 opment. His congregation consisted of for the District of Columbia, without a Simply put, it is virtually impossible doubt the second most powerful court 216 members, many of whom were afraid to attend church because of the for people like Henry and Ethel in the United States of America. This Delaney to succeed if the streets of Sa- young man, an immigrant born and drug dealers who overran the area. ‘‘Reverend Delaney quickly went to vannah are awash with cocaine and raised in Honduras, law degree, magna work to improve the situation. He crack. Keeping drugs out of the coun- cum laude from Harvard Law, is an sought loans so he could start buying try is a matter of Federal law enforce- American success story, no less than up the houses where the drug dealers ment and foreign policy. my own immigrant grandfather was, lived. He bought five of them on one Of course, those local efforts depend who came to these shores, worked side of the street and eight in the next on men like Henry Delaney. We need to hard, and lived the American Dream. block. He kicked out the drug dealers learn from Henry Delaney and use his Miguel Estrada is an extraordinary ex- and he started moving in pastors. example to inspire others to achieve ample of the American Dream. ‘‘His wife Ethel helped him repair the the same success in their communities. I rise today, Mr. Speaker, to, how- church and Members of the congrega- So while there is no shortage of ex- ever impolite, simply urge his con- tion pitched in to renovate the houses. perts on national drug policy, it is firmation in the Senate and his expedi- With every house they overhauled, probably time we started paying atten- tious review by our colleagues. they expanded their drug-free zone. tion to the real experts like Reverend The church activities expanded and Delaney. He now has 60 preachers affili- f membership leaped to 3,000 members. ated with his church, not all of them Delaney now has 16 ministers of the ordained, but his goal is to keep buying up the crack houses, moving in his ANNOUNCEMENT BY THE SPEAKER gospel, all of whom live within two ministers, and pushing out the drug PRO TEMPORE blocks of his church. ‘‘His converts includes some of the dealers a block at a time until they are The SPEAKER pro tempore. The very drug dealers that he evicted. One on the other side of the county line. Chair must remind Members that their was shot 16 times when he was caught Mr. Speaker, we need more Henry remarks in debate may not include in a crossfire from a drug deal gone bad Delaneys in this world. characterizations of the Senate or its at a car wash. He had a miraculous re- f actions or urge a course of action on covery and now he never misses a Sun- The SPEAKER pro tempore (Mr. the Senate. day morning service. They say that no PEARCE). Under a previous order of the

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.057 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H421 House, the gentleman from Nebraska enroll in the VA health care system. a part of the rules of the Committee to the (Mr. OSBORNE) is recognized for 5 min- Sorry, veteran, you paid the price, you extent applicable. utes. have served the country, you have been (b) PUBLICATION OF RULES.—The Commit- tee’s rules shall be published in the Congres- (Mr. OSBORNE addressed the House. honorably discharged, but we do not sional Record not later than 30 days after the His remarks will appear hereafter in want to have anything to do with you Committee is elected in each odd-numbered the Extensions of Remarks.) because you make too much money. year. f You make $26,000–$27,000 a year. (c) VICE CHAIRMAN.—The Chairman shall It gets worse. In the President’s most appoint a vice chairman of the Committee VETERANS ISSUES recent budget, they are proposing that and of each subcommittee. If the Chairman The SPEAKER pro tempore. Under a of the Committee or subcommittee is not veterans who make as little as $24,000 a present at any meeting of the Committee or previous order of the House, the gen- year, and they are referring to them as subcommittee, as the case may be, the vice tleman from Ohio (Mr. STRICKLAND) is high-income veterans, would be re- chairman shall preside. If the vice chairman recognized for 5 minutes. quired to pay a $250 annual enrollment is not present, the ranking member of the Mr. STRICKLAND. Mr. Speaker, I fee just to participate in the VA health majority party on the Committee or sub- rise this evening to talk about the care system. committee who is present shall preside at shocking and shabby treatment that Here is what they are doing. They are that meeting. this administration is directing toward saying, we are not going to tell vet- RULE II. REGULAR, ADDITIONAL, AND SPECIAL our Nation’s veterans. I would like to MEETINGS. erans what you are entitled to receive, (a) REGULAR MEETINGS.— share some of the reasons I would but if you happen to find out about our (1) IN GENERAL.—Regular meetings of the make such a statement. services, we are going to increase your Committee shall be held on the first Wednes- Approximately a year ago this ad- copay from $2 to $15 a prescription. day of every month to transact its business ministration decided they were going And then if you make $24,000 a year, unless such day is a holiday, or the House is to raise the copay on prescription which does not sound like a lot of in recess or is adjourned, in which case the Chairman shall determine the regular meet- drugs that veterans would have to pay money to me, not compared to those of from $2 to $7 a prescription. So if a vet- ing day of the Committee for that month. us who make about $150,000 a year, but (2) NOTICE.—The Chairman shall give each eran goes to a VA hospital today, they if you make $24,000 a year, we want to member of the Committee, as far in advance are likely to see this poster up on the force you to pay a $250-per-year enroll- of the day of the regular meeting as the cir- bulletin board, ‘‘Did you know the ment fee. And we want to increase the cumstances make practicable, a written no- medication copayment has changed cost of going to a VA outpatient clinic tice of such meeting and the matters to be from $2 to $7?’’ from $15 to $20. considered at such meeting. I thought that was outrageous, and I I think Members get the point. It is (3) CANCELLATION OR DEFERRAL.—If the introduced legislation in the last Con- Chairman believes that the Committee will as if this administration has declared not be considering any bill or resolution be- gress to reduce that copayment back to war on our Nation’s veterans. $2, but in the President’s most recent fore the full Committee and that there is no It is a shameful situation, and I urge other business to be transacted at a regular budget, he does not just want to charge this Congress to look at this veterans meeting, the meeting may be canceled or it veterans $7 a prescription, he wants to budget and to reevaluate what we are may be deferred until such time as, in the increase that to $15 per prescription. trying to do; and what we are sug- judgment of the Chairman, there may be Think about that. In less than 2 years, gesting needs to be done. matters which require the Committee’s con- the copayment will have gone from $2 sideration. f to $7 to $15 a prescription. (4) APPLICABILITY.—This paragraph shall Many of the veterans in Ohio get 10 PUBLICATION OF THE RULES OF not apply to meetings of any subcommittee. THE COMMITTEE ON TRANSPOR- (b) ADDITIONAL MEETINGS.—The Chairman or more prescriptions a month. If we may call and convene, as he or she considers multiply $15 times 10, that is $150 a TATION INFRASTRUCTURE 108TH necessary, additional meetings of the Com- month, and then veterans frequently CONGRESS mittee for the consideration of any bill or get 3 months supply at a time. That is The SPEAKER pro tempore. Under a resolution pending before the Committee or $150 times 3, for many veterans who are previous order of the House, the gen- for the conduct of other committee business. living on fixed income. It is shameful. The Committee shall meet for such purpose tleman from Alaska (Mr. YOUNG) is rec- pursuant to the call of the Chairman. It is shabby treatment. ognized for 5 minutes. (c) SPECIAL MEETINGS.—If at least three Now, what else have they tried to do Mr. YOUNG of Alaska. Mr. Speaker, in ac- members of the Committee desire that a spe- to veterans? Well, about a year ago cordance with clause 2(a) of Rule XI of the cial meeting of the Committee be called by they put out a memo from the VA Rules of the House, I am submitting for print- the Chairman, those members may file in the offices of the Committee their written re- headquarters saying that all of the ing in the RECORD a copy of the Rules of the quest to the Chairman for that special meet- health care providers were forbidden Committee on Transportation and Infrastruc- from marketing services that veterans ing. Such request shall specify the measure ture for the 108th Congress, adopted on Feb- or matter to be considered. Immediately are entitled to receive. In other words, ruary 12, 2003. upon the filing of the request, the clerk of the health care providers can no longer Rules of the Committee on Transportation the Committee shall notify the Chairman of participate in community health fairs. and Infrastructure the filing of the request. If, within 3 calendar days after the filing of the request, the They can no longer send out news- United States House of Representatives letters describing their services to vet- Chairman does not call the requested special 108th Congress erans. They can no longer go to an meeting to be held within 7 calendar days (Adopted February 12, 2003) after the filing of the request, a majority of American Legion post, for example, the members of the Committee may file in and sign up veterans for health care RULE I. GENERAL PROVISIONS. the offices of the Committee their written services. It is a gag order. (a) APPLICABILITY OF HOUSE RULES.— notice that a special meeting of the Com- I call it the ‘‘if they do not ask, we (1) IN GENERAL.—The Rules of the House mittee will be held, specifying the date and will not tell’’ policy. If the veteran are the rules of the Committee and its sub- hour thereof, and the measure or matter to does not ask what they are entitled to committees so far as applicable, except that be considered at that special meeting. The a motion to recess from day to day, and a receive, the VA will not tell them what Committee shall meet on that date and hour. motion to dispense with the first reading (in Immediately upon the filing of the notice, they are entitled to receive. Further- full) of a bill or resolution, if printed copies the clerk of the Committee shall notify all more, they will prohibit their health are available, are non-debatable privileged members of the Committee that such meet- care providers from simply giving out motions in the Committee and its sub- ing will be held and inform them of its date that information. committees. and hour and the measure or matter to be Then, a few weeks ago, the VA de- (2) SUBCOMMITTEES.—Each subcommittee is considered; and only the measure or matter cided to have a new category of vet- part of the Committee, and is subject to the specified in that notice may be considered at erans; priority 8, they called them. authority and direction of the Committee that special meeting. and its rules so far as applicable. (d) PROHIBITION ON SITTING DURING JOINT They said if you are a veteran and you (3) INCORPORATION OF HOUSE RULE ON COM- SESSION.—The Committee may not sit during are honorably discharged and you have MITTEE PROCEDURE.—Rule XI of the Rules of a joint session of the House and Senate or served this country, but you make the House, which pertains entirely to Com- during a recess when a joint meeting of the $26,000–$27,000 a year, you can no longer mittee procedure, is incorporated and made House and Senate is in progress.

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.060 H12PT1 H422 CONGRESSIONAL RECORD — HOUSE February 12, 2003 RULE III. MEETINGS AND HEARINGS GENERALLY. essary or appropriate in the exercise of its with an estimated Federal cost not exceed- (a) OPEN MEETINGS.—Each meeting for the responsibilities under Rule X of the Rules of ing $15,000,000 (section 201 of the Flood Con- transaction of business, including the mark- the House and (subject to the adoption of ex- trol Act of 1965). up of legislation, and each hearing of the pense resolutions as required by Rule X, (4) Deletion of water quality storage in a Committee or a subcommittee shall be open clause 6 of the Rules of the House) to incur Federal reservoir project where the benefits to the public, except as provided by clause expenses (including travel expenses) in con- attributable to water quality are 15 percent 2(g) of Rule XI of the Rules of the House. nection therewith. or more but not greater than 25 percent of (b) MEETINGS TO BEGIN PROMPTLY.—Each (2) MAJOR INVESTIGATIONS BY SUBCOMMIT- the total project benefits (section 65 of the meeting or hearing of the Committee shall TEES.—A subcommittee may not begin a Water Resources Development Act of 1974). begin promptly at the time so stipulated in major investigation without approval of a (5) Authorization of a Natural Resources the public announcement of the meeting or majority of such subcommittee. Conservation Service watershed project in- hearing. (c) OATHS.—The Chairman of the Com- volving any single structure of more than (c) ADDRESSING THE COMMITTEE.—A Com- mittee, or any member designated by the 4,000 acre feet of total capacity (section 2 of mittee member may address the Committee Chairman, may administer oaths to any wit- P.L. 566, 83rd Congress). or a subcommittee on any bill, motion, or ness. (d) QUORUM FOR TAKING TESTIMONY.—Two other matter under consideration— (d) ISSUANCE OF SUBPOENAS.— members of the Committee or subcommittee (1) only when recognized by the Chairman (1) IN GENERAL.—A subpoena may be issued shall constitute a quorum for the purpose of for that purpose; and by the Committee or subcommittee under taking testimony and receiving evidence. paragraph (a)(2) in the conduct of any inves- (2) only for 5 minutes until such time as (e) RECORD VOTES.—A record vote may be tigation or activity or series of investiga- each member of the Committee or sub- demanded by one-fifth of the members tions or activities, only when authorized by committee who so desires has had an oppor- present. a majority of the members voting, a major- tunity to address the Committee or sub- (f) POSTPONEMENT OF VOTES.— ity being present. Such authorized subpoenas committee. (1) IN GENERAL.—In accordance with clause shall be signed by the Chairman of the Com- 2(h)(4) of Rule XI of the Rules of the House, A member shall be limited in his or her re- mittee or by any member designated by the the Chairman of the Committee or a sub- marks to the subject matter under consider- Committee. If a specific request for a sub- committee, after consultation with the rank- ation. The Chairman shall enforce this sub- poena has not been previously rejected by ei- ing minority member of the Committee or paragraph. ther the Committee or subcommittee, the subcommittee, may— (d) PARTICIPATION OF MEMBERS IN SUB- Chairman of the Committee, after consulta- (A) postpone further proceedings when a COMMITTEE MEETINGS AND HEARINGS.—All tion with the ranking minority member of record vote is ordered on the question of ap- members of the Committee who are not the Committee, may authorize and issue a proving a measure or matter or on adopting members of a particular Subcommittee may, subpoena under paragraph (a)(2) in the con- an amendment; and by unanimous consent of the members of duct of any investigation or activity or se- (B) resume proceedings on a postponed such Subcommittee, participate in any sub- ries of investigations or activities, and such question at any time after reasonable notice. committee meeting or hearing. However, a subpoena shall for all purposes be deemed a (2) RESUMPTION OF PROCEEDINGS.—When member who is not a member of the Sub- subpoena issued by the Committee. As soon proceedings resume on a postponed question, committee may not vote on any matter be- as practicable after a subpoena is issued notwithstanding any intervening order for fore the Subcommittee, be counted for pur- under this rule, the Chairman shall notify all the previous question, an underlying propo- poses of establishing a quorum, or raise members of the Committee of such action. sition shall remain subject to further debate points of order. (2) ENFORCEMENT.—Compliance with any or amendment to the same extent as when (e) BROADCASTING.—Whenever a meeting subpoena issued by the Committee or sub- the question was postponed. for the transaction of business, including the committee under paragraph (a)(2) may be en- RULE VI. HEARING PROCEDURES. markup of legislation, or a hearing is open to forced only as authorized or directed by the (a) ANNOUNCEMENT OF HEARING.—The the public, that meeting or hearing shall be House. Chairman, in the case of a hearing to be con- XPENSES OF SUBPOENAED WITNESSES.— open to coverage by television, radio, and (e) E ducted by the Committee, and the appro- Each witness who has been subpoenaed, upon still photography in accordance with clause 4 priate subcommittee chairman, in the case the completion of his or her testimony be- of Rule XI of the Rules of the House. Oper- of a hearing to be conducted by a sub- fore the Committee or any subcommittee, ation and use of any Committee internet committee, shall make public announcement may report to the offices of the Committee, broadcast system shall be fair and non- of the date, place, and subject matter of such and there sign appropriate vouchers for trav- partisan and in accordance with clause 4(b) hearing at least one week before the hearing. el allowances and attendance fees. If hear- of Rule XI of the Rules of the House and all If the Chairman or the appropriate sub- ings are held in cities other than Wash- other applicable rules of the Committee and committee chairman, as the case may be, ington, D.C., the witness may contact the the House. with the concurrence of the ranking minor- (f) ACCESS TO THE DAIS AND LOUNGES.—Ac- counsel of the Committee, or his or her rep- resentative, before leaving the hearing room. ity member of the Committee or sub- cess to the hearing rooms’ daises and to the committee as appropriate, determines there RULE V. QUORUMS AND RECORD VOTES; POST- lounges adjacent to the Committee hearing is good cause to begin the hearing sooner, or rooms shall be limited to Members of Con- PONEMENT OF VOTES (a) WORKING QUORUM.—One-third of the if the Committee or subcommittee so deter- gress and employees of Congress during a mines by majority vote, a quorum being meeting or hearing of the Committee unless members of the Committee or a sub- committee shall constitute a quorum for present for the transaction of business, the specifically permitted by the Chairman or Chairman shall make the announcement at ranking minority member. taking any action other than the closing of a meeting pursuant to clauses 2(g) and 2(k)(5) the earliest possible date. The clerk of the (g) USE OF CELLULAR TELEPHONES.—The of Rule XI of the Rules of the House, the au- Committee shall promptly notify the Daily use of cellular telephones in the Committee thorizing of a subpoena pursuant to para- Digest Clerk of the Congressional Record as hearing room is prohibited during a meeting graph (d) of Committee Rule IV, the report- soon as possible after such public announce- or hearing of the Committee. ing of a measure or recommendation pursu- ment is made. RULE IV. POWER TO SIT AND ACT; POWER TO ant to paragraph (b)(1) of Committee Rule (b) WRITTEN STATEMENT; ORAL TESTI- CONDUCT INVESTIGATIONS; OATHS; VII, and the actions described in paragraphs MONY.—So far as practicable, each witness SUBPOENA POWER. (b), (c) and (d) of this rule. who is to appear before the Committee or a (a) AUTHORITY TO SIT AND ACT.—For the (b) QUORUM FOR REPORTING.—A majority of subcommittee shall file with the clerk of the purpose of carrying out any of its functions the members of the Committee or a sub- Committee or subcommittee, at least 2 and duties under Rules X and XI of the Rules committee shall constitute a quorum for the working days before the day of his or her ap- of the House, the Committee and each of its reporting of a measure or recommendation. pearance, a written statement of proposed subcommittees, is authorized (subject to (c) APPROVAL OF CERTAIN MATTERS.—A ma- testimony and shall limit his or her oral paragraph (d)(1))— jority of the members of the Committee or a presentation to a summary of the written (1) to sit and act at such times and places subcommittee shall constitute a quorum for statement. within the United States whether the House approval of a resolution concerning any of (c) MINORITY WITNESSES.—When any hear- is in session, has recessed, or has adjourned the following actions: ing is conducted by the Committee or any and to hold such hearings; and (1) A prospectus for construction, alter- subcommittee upon any measure or matter, (2) to require, by subpoena or otherwise, ation, purchase or acquisition of a public the minority party members on the Com- the attendance and testimony of such wit- building or the lease of space as required by mittee or subcommittee shall be entitled, nesses and the production of such books, section 3307 of title 40, United States Code. upon request to the Chairman by a majority records, correspondence, memorandums, pa- (2) Survey investigation of a proposed of those minority members before the com- pers, and documents, as it deems necessary. project for navigation, flood control, and pletion of such hearing, to call witnesses se- (b) AUTHORITY TO CONDUCT INVESTIGA- other purposes by the Corps of Engineers lected by the minority to testify with re- TIONS.— (section 4 of the Rivers and Harbors Act of spect to that measure or matter during at (1) IN GENERAL.—The Committee is author- March 4, 1913, 33 U.S.C. 542). least one day of hearing thereon. ized at any time to conduct such investiga- (3) Construction of a water resources devel- (d) SUMMARY OF SUBJECT MATTER.—Upon tions and studies as it may consider nec- opment project by the Corps of Engineers announcement of a hearing, to the extent

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.030 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H423 practicable, the Committee shall make which has been approved by the Committee lative study or investigation and not ap- available immediately to all members of the shall be filed within 7 calendar days (exclu- proved by a majority vote of the Committee Committee a concise summary of the subject sive of days on which the House is not in ses- or subcommittee, as appropriate, shall con- matter (including legislative reports and sion) after the day on which there has been tain the following disclaimer on the cover of other material) under consideration. In addi- filed with the clerk of the Committee a writ- such report: ‘‘This report has not been offi- tion, upon announcement of a hearing and ten request, signed by a majority of the cially adopted by the Committee on (or per- subsequently as they are received, the Chair- members of the Committee, for the reporting tinent subcommittee thereof) and may not man shall make available to the members of of that measure or matter. Upon the filing of therefore necessarily reflect the views of its the Committee any official reports from de- any such request, the clerk of the Committee members.’’. partments and agencies on such matter. shall transmit immediately to the Chairman RULE VIII. ESTABLISHMENT OF SUBCOMMIT- (e) QUESTIONING OF WITNESSES.—The ques- of the Committee notice of the filing of that TEES; SIZE AND PARTY RATIOS. tioning of witnesses in Committee and sub- request. (a) ESTABLISHMENT.—There shall be 6 committee hearings shall be initiated by the (b) QUORUM; RECORD VOTES.— standing subcommittees. These subcommit- Chairman, followed by the ranking minority (1) QUORUM.—No measure, matter, or rec- tees, with the following sizes (including dele- member and all other members alternating ommendation shall be reported from the gates) and majority/minority ratios, are: between the majority and minority parties. Committee unless a majority of the Com- (1) Subcommittee on Aviation (48 Mem- In recognizing members to question wit- mittee was actually present. bers: 26 Majority and 22 Minority). nesses in this fashion, the Chairman shall (2) RECORD VOTES.—With respect to each (2) Subcommittee on Coast Guard and Mar- take into consideration the ratio of the ma- record vote on a motion to report any meas- itime Transportation (15 Members: 8 Major- jority to minority members present and ure or matter of a public character, and on ity and 7 Minority). shall establish the order of recognition for any amendment offered to the measure or (3) Subcommittee on Economic Develop- questioning in such a manner as not to dis- matter, the total number of votes cast for ment, Public Buildings, and Emergency advantage the members of the majority nor and against, and the names of those mem- Management (11 Members: 6 Majority and 5 the members of the minority. The Chairman bers voting for and against, shall be included Minority). may accomplish this by recognizing two ma- in the Committee report on the measure or (4) Subcommittee on Highways, Transit, jority members for each minority member matter. and Pipelines (57 Members: 31 Majority and recognized. (c) REQUIRED MATTERS.—The report of the 26 Minority). (f) PROCEDURES FOR QUESTIONS.— Committee on a measure or matter which (5) Subcommittee on Railroads (28 Mem- (1) IN GENERAL.—A Committee member has been approved by the Committee shall bers: 15 Majority and 13 Minority). may question a witness at a hearing— include the items required to be included by (6) Subcommittee on Water Resources and (A) only when recognized by the Chairman clauses 2(c) and 3 of Rule XIII of the Rules of Environment (36 Members: 20 Majority and for that purpose; and the House. 16 Minority). (B) subject to subparagraphs (2) and (3), (d) ADDITIONAL VIEWS.—If, at the time of (b) EX OFFICIO MEMBERS.—The Chairman only for 5 minutes until such time as each approval of any measure or matter by the and ranking minority member of the Com- member of the Committee or subcommittee Committee, any member of the Committee mittee shall serve as ex officio voting mem- who so desires has had an opportunity to gives notice of intention to file supple- bers on each subcommittee. question the witness. mental, minority, or additional views, that (c) RATIOS.—On each subcommittee there member shall be entitled to not less than shall be a ratio of majority party members A member shall be limited in his or her re- two additional calendar days after the day of to minority party members which shall be no marks to the subject matter under consider- such notice (excluding Saturdays, Sundays, less favorable to the majority party than the ation. The Chairman shall enforce this para- and legal holidays) in which to file such ratio for the full Committee. In calculating graph. views in accordance with clause 2(1) of Rule the ratio of majority party members to mi- (2) EXTENDED QUESTIONING OF WITNESSES BY XI of the Rules of the House. nority party members, there shall be in- MEMBERS.—The Chairman of the Committee (e) ACTIVITIES REPORT.— cluded the ex officio members of the sub- or a subcommittee, with the concurrence of (1) IN GENERAL.—The Committee shall sub- committees. the ranking minority member, or the Com- mit to the House, not later than January 2 of RULE IX. POWERS AND DUTIES OF SUBCOMMIT- mittee or subcommittee by motion, may per- each odd-numbered year, a report on the ac- TEES. mit a specified number of its members to tivities of the Committee under Rules X and (a) AUTHORITY TO SIT.—Each subcommittee question a witness for longer than 5 minutes. XI of the Rules of the House during the Con- is authorized to meet, hold hearings, receive The time for extended questioning of a wit- gress ending on January 3 of such year. evidence, and report to the full Committee ness under this subdivision shall be equal for (2) CONTENTS.—Such report shall include on all matters referred to it or under its ju- the majority party and minority party and separate sections summarizing the legisla- risdiction. Subcommittee chairmen shall set may not exceed one hour in the aggregate. tive and oversight activities of the Com- dates for hearings and meetings of their re- (3) EXTENDED QUESTIONING OF WITNESSES BY mittee during that Congress. spective subcommittees after consultation STAFF.—The Chairman of the Committee or a (3) OVERSIGHT SECTION.—The oversight sec- with the Chairman and other subcommittee subcommittee, with the concurrence of the tion of such report shall include a summary chairmen with a view toward avoiding simul- ranking minority member, or the Committee of the oversight plans submitted by the Com- taneous scheduling of full Committee and or subcommittee by motion, may permit mittee pursuant to clause 2(d) of Rule X of subcommittee meetings or hearings when- committee staff for its majority and minor- the Rules of the House, a summary of the ac- ever possible. ity party members to question a witness for tions taken and recommendations made with (b) CONSIDERATION BY COMMITTEE.—Each equal specified periods. The time for ex- respect to each such plan, and a summary of bill, resolution, or other matter favorably re- tended questioning of a witness under this any additional oversight activities under- ported by a subcommittee shall automati- subdivision shall be equal for the majority taken by the Committee, and any rec- cally be placed upon the agenda of the Com- party and minority party and may not ex- ommendations made or actions taken there- mittee. Any such matter reported by a sub- ceed one hour in the aggregate. on. committee shall not be considered by the (4) RIGHT TO QUESTION WITNESSES FOL- (f) OTHER COMMITTEE MATERIALS.— Committee unless it has been delivered to LOWING EXTENDED QUESTIONING.—Nothing in (1) IN GENERAL.—All Committee and sub- the offices of all members of the Committee subparagraph (2) or (3) affects the right of a committee prints, reports, documents, or at least 48 hours before the meeting, unless Member (other than a Member designated other materials, not otherwise provided for the Chairman determines that the matter is under subparagraph (2)) to question a wit- under this rule, that purport to express pub- of such urgency that it should be given early ness for 5 minutes in accordance with sub- licly the views of the Committee or any of consideration. Where practicable, such mat- paragraph (1)(B) after the questioning per- its subcommittees or members of the Com- ters shall be accompanied by a comparison mitted under subparagraph (2) or (3). mittee or its subcommittees shall be ap- with present law and a section-by-section (g) ADDITIONAL HEARING PROCEDURES.— proved by the Committee or the sub- analysis. Clause 2(k) of Rule XI of the Rules of the committee prior to printing and distribution RULE X. REFERRAL OF LEGISLATION TO SUB- House (relating to additional rules for hear- and any member shall be given an oppor- COMMITTEES. ings) applies to hearings of the Committee tunity to have views included as part of such (a) GENERAL REQUIREMENT.—Except where and its subcommittees. material prior to printing, release, and dis- the Chairman of the Committee determines, RULE VII. PROCEDURES FOR REPORTING BILLS, tribution in accordance with paragraph (d) of in consultation with the majority members RESOLUTIONS, AND REPORTS. this rule. of the Committee, that consideration is to be (a) FILING OF REPORTS.— (2) DOCUMENTS CONTAINING VIEWS OTHER by the full Committee, each bill, resolution, (1) IN GENERAL.—The Chairman of the Com- THAN MEMBER VIEWS.—A Committee or sub- investigation, or other matter which relates mittee shall report promptly to the House committee document containing views other to a subject listed under the jurisdiction of any measure or matter approved by the Com- than those of members of the Committee or any subcommittee established in Committee mittee and take necessary steps to bring the subcommittee shall not be published without Rule VIII referred to or initiated by the full measure or matter to a vote. approval of the Committee or subcommittee. Committee shall be referred by the Chair- (2) REQUESTS FOR REPORTING.—The report (3) DISCLAIMER.—All Committee or sub- man to all subcommittees of appropriate ju- of the Committee on a measure or matter committee reports printed pursuant to legis- risdiction within two weeks. All bills shall

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be referred to the subcommittee of proper ju- shall cooperatively review and study on a (c) PROPERTY OF THE HOUSE.—All Com- risdiction without regard to whether the au- continuing basis the impact or probable im- mittee hearings, records, data, charts, and thor is or is not a member of the sub- pact of tax policies affecting subjects within files shall be kept separate and distinct from committee. the jurisdiction of the Committee. the congressional office records of the mem- (b) RECALL FROM SUBCOMMITTEE.—A bill, RULE XIII. REVIEW OF CONTINUING PROGRAMS; ber serving as Chairman of the Committee; resolution, or other matter referred to a sub- BUDGET ACT PROVISIONS. and such records shall be the property of the committee in accordance with this rule may (a) ENSURING ANNUAL APPROPRIATIONS.— House and all members of the House shall be recalled therefrom at any time by a vote The Committee shall, in its consideration of have access thereto. of a majority of the members of the Com- all bills and joint resolutions of a public (d) AVAILABILITY OF ARCHIVED RECORDS.— mittee voting, a quorum being present, for character within its jurisdiction, ensure that The records of the Committee at the Na- the Committee’s direct consideration or for appropriations for continuing programs and tional Archives and Records Administration reference to another subcommittee. activities of the Federal Government and the shall be made available for public use in ac- (c) MULTIPLE REFERRALS.—In carrying out District of Columbia government will be cordance with Rule VII of the Rules of the this rule with respect to any matter, the made annually to the maximum extent fea- House. The Chairman shall notify the rank- Chairman may refer the matter simulta- sible and consistent with the nature, require- ing minority member of the Committee of neously to two or more subcommittees for ments, and objectives of the programs and any decision, pursuant to clause 3(b)(3) or concurrent consideration or for consider- activities involved. clause 4(b) of such rule, to withhold a record ation in sequence (subject to appropriate (b) REVIEW OF MULTI-YEAR APPROPRIA- otherwise available, and the matter shall be time limitations in the case of any sub- TIONS.—The Committee shall review, from presented to the Committee for a determina- committee after the first), or divide the mat- time to time, each continuing program with- tion on written request of any member of the ter into two or more parts (reflecting dif- in its jurisdiction for which appropriations Committee. ferent subjects and jurisdictions) and refer are not made annually in order to ascertain (e) AUTHORITY TO PRINT.—The Committee each such part to a different subcommittee, whether such program could be modified so is authorized to have printed and bound tes- or make such other provisions as he or she that appropriations therefore would be made timony and other data presented at hearings considers appropriate. annually. held by the Committee. All costs of steno- RULE XI. RECOMMENDATION OF CONFEREES. graphic services and transcripts in connec- (c) VIEWS AND ESTIMATES.—The Committee The Chairman of the Committee shall rec- shall, on or before February 25 of each year, tion with any meeting or hearing of the ommend to the Speaker as conferees the submit to the Committee on the Budget— Committee shall be paid as provided in names of those members (1) of the majority (1) its views and estimates with respect to clause 1(c) of Rule XI of the House. party selected by the Chairman, and (2) of all matters to be set forth in the concurrent RULE XV. COMMITTEE BUDGETS. the minority party selected by the ranking resolution on the budget for the ensuing fis- (a) BIENNIAL BUDGET.—The Chairman, in minority member of the Committee. Rec- cal year which are within its jurisdiction or consultation with the chairman of each sub- ommendations of conferees to the Speaker functions; and committee, the majority members of the shall provide a ratio of majority party mem- (2) an estimate of the total amount of new Committee, and the minority members of bers to minority party members which shall budget authority, and budget outlays result- the Committee, shall, for each Congress, pre- be no less favorable to the majority party ing therefrom, to be provided or authorized pare a consolidated Committee budget. Such than the ratio for the Committee. in all bills and resolutions within its juris- budget shall include necessary amounts for RULE XII. OVERSIGHT. diction which it intends to be effective dur- staff personnel, necessary travel, investiga- (a) PURPOSE.—The Committee shall carry ing that fiscal year. tion, and other expenses of the Committee. out oversight responsibilities as provided in (b) ADDITIONAL EXPENSES.—Authorization (d) BUDGET ALLOCATIONS.—As soon as prac- this rule in order to assist the House in— for the payment of additional or unforeseen ticable after a concurrent resolution on the (1) its analysis, appraisal, and evaluation Committee expenses may be procured by one budget for any fiscal year is agreed to, the of— or more additional expense resolutions proc- Committee (after consulting with the appro- (A) the application, administration, execu- essed in the same manner as set out herein. priate committee or committees of the Sen- tion, and effectiveness of the laws enacted by (c) TRAVEL REQUESTS.—The Chairman or ate) shall subdivide any allocations made to the Congress; or any chairman of a subcommittee may ini- it in the joint explanatory statement accom- (B) conditions and circumstances which tiate necessary travel requests as provided in panying the conference report on such reso- may indicate the necessity or desirability of Committee Rule XVII within the limits of lution, and promptly report such subdivi- enacting new or additional legislation; and the consolidated budget as approved by the sions to the House, in the manner provided (2) its formulation, consideration, and en- House and the Chairman may execute nec- by section 302 of the Congressional Budget actment of such modifications or changes in essary vouchers thereof. Act of 1974. those laws, and of such additional legisla- (d) MONTHLY REPORTS.—Once monthly, the (e) RECONCILIATION.—Whenever the Com- tion, as may be necessary or appropriate. Chairman shall submit to the Committee on mittee is directed in a concurrent resolution (b) OVERSIGHT PLAN.—Not later than Feb- House Administration, in writing, a full and ruary 15 of the first session of each Congress, on the budget to determine and recommend detailed accounting of all expenditures made the Committee shall adopt its oversight changes in laws, bills, or resolutions under during the period since the last such ac- plans for that Congress in accordance with the reconciliation process, it shall promptly counting from the amount budgeted to the clause 2(d)(1) of Rule X of the Rules of the make such determination and recommenda- Committee. Such report shall show the House. tions, and report a reconciliation bill or res- amount and purpose of such expenditure and (c) REVIEW OF LAWS AND PROGRAMS.—The olution (or both) to the House or submit such the budget to which such expenditure is at- Committee and the appropriate subcommit- recommendations to the Committee on the tributed. A copy of such monthly report tees shall cooperatively review and study, on Budget, in accordance with the Congres- shall be available in the Committee office for a continuing basis, the application, adminis- sional Budget Act of 1974. review by members of the Committee. tration, execution, and effectiveness of those RULE XIV. RECORDS. RULE XVI. COMMITTEE STAFF. laws, or parts of laws, the subject matter of (a) KEEPING OF RECORDS.—The Committee (a) APPOINTMENT BY CHAIRMAN.—The Chair- which is within the jurisdiction of the Com- shall keep a complete record of all Com- man shall appoint and determine the remu- mittee, and the organization and operation mittee action which shall include— neration of, and may remove, the employees of the Federal agencies and entities having (1) in the case of any meeting or hearing of the Committee not assigned to the minor- responsibilities in or for the administration transcripts, a substantially verbatim ac- ity. The staff of the Committee not assigned and execution thereof, in order to determine count of remarks actually made during the to the minority shall be under the general whether such laws and the programs there- proceedings, subject only to technical, gram- supervision and direction of the Chairman, under are being implemented and carried out matical, and typographical corrections au- who shall establish and assign the duties and in accordance with the intent of the Con- thorized by the person making the remarks responsibilities of such staff members and gress and whether such programs should be involved; and delegate such authority as he or she deter- continued, curtailed, or eliminated. In addi- (2) a record of the votes on any question on mines appropriate. tion, the Committee and the appropriate which a record vote is demanded. (b) APPOINTMENT BY RANKING MINORITY subcommittees shall cooperatively review (b) PUBLIC INSPECTION.—The result of each MEMBER.—The ranking minority member of and study any conditions or circumstances such record vote shall be made available by the Committee shall appoint and determine which may indicate the necessity or desir- the Committee for inspection by the public the remuneration of, and may remove, the ability of enacting new or additional legisla- at reasonable times in the offices of the staff assigned to the minority within the tion within the jurisdiction of the Com- Committee. Information so available for budget approved for such purposes. The staff mittee (whether or not any bill or resolution public inspection shall include a description assigned to the minority shall be under the has been introduced with respect thereto), of the amendment, motion, order, or other general supervision and direction of the and shall on a continuing basis undertake fu- proposition and the name of each member ranking minority member of the Committee ture research and forecasting on matters voting for and each member voting against who may delegate such authority as he or within the jurisdiction of the Committee. such amendment, motion, order, or propo- she determines appropriate. (d) REVIEW OF TAX POLICIES.—The Com- sition, and the names of those members (c) INTENTION REGARDING STAFF.—It is in- mittee and the appropriate subcommittees present but not voting. tended that the skills and experience of all

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.030 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H425 members of the Committee staff shall be (3) REPORTS BY STAFF MEMBERS.—At the electorate during his term of service. available to all members of the Committee. conclusion of any hearing, investigation, With his third election comes proof RULE XVII. TRAVEL OF MEMBERS AND STAFF. study, meeting, or conference for which trav- that he has served his constituents to (a) APPROVAL.—Consistent with the pri- el has been authorized pursuant to this rule, their satisfaction. mary expense resolution and such additional each staff member involved in such travel shall submit a written report to the Chair- This is the satisfaction of Lincoln expense resolutions as may have been ap- County reflected in its overwhelming proved, the provisions of this rule shall gov- man covering the activities and other perti- ern travel of Committee members and staff. nent observations or information gained as a choice of Sheriff O’Brien as the public Travel to be reimbursed from funds set aside result of such travel. face of law enforcement in their com- for the Committee for any member or any (d) APPLICABILITY OF LAWS, RULES, POLI- munity. The confidence of Lincoln staff member shall be paid only upon the CIES.—Members and staff of the Committee County’s voting public in Sheriff prior authorization of the Chairman. Travel performing authorized travel on official busi- O’Brien attests to the success of his ef- shall be authorized by the Chairman for any ness shall be governed by applicable laws, forts and his responsiveness to the peo- resolutions, or regulations of the House and member and any staff member in connection ple he serves. with the attendance of hearings conducted of the Committee on House Administration pertaining to such travel, and by the travel I would like to tell a little story by the Committee or any subcommittee and about John O’Brien. Every time, at the meetings, conferences, and investigations policy of the Committee. which involve activities or subject matter f coast, at Lincoln County, John is al- ways at my meetings. And I keep ask- under the general jurisdiction of the Com- RECOGNIZING SHERIFF O’BRIEN’S mittee. Before such authorization is given ing him, ‘‘John, you are always here.’’ there shall be submitted to the Chairman in 30 YEARS OF SERVICE He says, ‘‘I just want you to know that writing the following: The SPEAKER pro tempore. Under a we are here, what our needs are, and I (1) The purpose of the travel. previous order of the House, the gentle- want you to understand about our com- (2) The dates during which the travel is to woman from Oregon (Ms. HOOLEY) is munity.’’ be made and the date or dates of the event recognized for 5 minutes. To this day, John O’Brien remains an for which the travel is being made. Ms. HOOLEY of Oregon. Mr. Speaker, (3) The location of the event for which the active protector of Lincoln County’s travel is to be made. I stand today to recognize someone in public safety. He has risen to meet the (4) The names of members and staff seek- my district, John O’Brien, who is the challenges of an increasingly difficult ing authorization. sheriff of Lincoln County. It is in honor job. Changing times have altered the (b) SUBCOMMITTEE TRAVEL.—In the case of of his 30 years of law enforcement in issues with which Sheriff O’Brien is travel of members and staff of a sub- Lincoln County. I extend a sincere faced, but he has shown the ability to committee to hearings, meetings, con- thank-you to Sheriff O’Brien on my adapt and battle new problems with ferences, and investigations involving activi- own behalf and on behalf of all of the modern solutions. ties or subject matter under the legislative citizens of Lincoln County. assignment of such subcommittee, prior au- Lincoln County has in recent years thorization must be obtained from the sub- Our laws are of little utility if no one encountered an increase in the manu- committee chairman and the Chairman. makes sure they are followed. Seldom facture and sale of methamphetamines. Such prior authorization shall be given by do we take the time to recognize the Sheriff O’Brien has turned this growing the Chairman only upon the representation routine achievements that allow our problem into an opportunity to spear- by the chairman of such subcommittee in Nation to function as it should. Many head innovative new crime-reduction writing setting forth those items enumer- times it is only the pitfalls, the unfor- strategies. Through his work with the ated in subparagraphs (1), (2), (3), and (4) of tunate breakdowns in our system, that federally supported Lincoln Inter- paragraph (a) and that there has been a com- draw attention to law enforcement. pliance where applicable with Committee agency Narcotics Team, Sheriff Rule VI. Such fickle evaluation of our law en- O’Brien has encouraged the sharing of (c) TRAVEL OUTSIDE THE UNITED STATES.— forcement officers is manifestly unjust. resources and information between (1) IN GENERAL.—In the case of travel out- The fact is that the grand majority of county agencies with an interest in re- side the United States of members and staff our days are without incident. The rule ducing drug traffic. This work not only of the Committee or of a subcommittee for of law reigns. The people reject up- demonstrates Sheriff O’Brien’s desire the purpose of conducting hearings, inves- heaval. to get results, but also his complete tigations, studies, or attending meetings and These points demonstrate that the disregard for who receives credit for conferences involving activities or subject greatest victories of law enforcement those results. His willingness to work matter under the legislative assignment of are its contributions to regularity. We the Committee or pertinent subcommittee, with other agencies in facing down a prior authorization must be obtained from never recognize the people who give us dangerous trend is evidence of a coop- the Chairman, or, in the case of a sub- plain, old, ordinary days. Perhaps we erative spirit and a will to succeed that committee from the subcommittee chairman should. we honor here today. and the Chairman. Before such authorization Accordingly, it is with great pride Mr. Speaker, Sheriff O’Brien is wor- is given there shall be submitted to the that I congratulate Sheriff John thy of recognition today for more than Chairman, in writing, a request for such au- O’Brien. His bravery, dedication and simply putting in his time. While 30 thorization. Each request, which shall be service in building a safer and stronger years of service in the public interest is filed in a manner that allows for a reason- community have provided the people able period of time for review before such a feat in itself, Sheriff O’Brien’s true travel is scheduled to begin, shall include the with Lincoln County with thousands of contribution has been in its effect on following: wonderfully uneventful days. Lincoln County. Today we recognize (A) The purpose of the travel. Sheriff O’Brien’s career demonstrates that Lincoln County is a better place (B) The dates during which the travel will a commitment to public service to to live, to work and raise a family be- occur. which every officer of the law should cause of the devotion of Sheriff John (C) The names of the countries to be vis- aspire. John O’Brien began his career O’Brien. ited and the length of time to be spent in as a sheriff’s deputy on February 6, I thank John for his 30 years of serv- each. 1973. The people of Lincoln County (D) An agenda of anticipated activities for ice given in the pursuit of safety, jus- each country for which travel is authorized elected him to the office of Sheriff in tice and peace. together with a description of the purpose to 1994 and have subsequently seen fit to f be served and the areas of Committee juris- elect him to second and third terms. As diction involved. all of us are aware, voters are properly PUBLICATION OF THE RULES OF (E) The names of members and staff for cautious in selecting the people who THE COMMITTEE ON RESOURCES whom authorization is sought. represent them. 108TH CONGRESS (2) INITIATION OF REQUESTS.—Requests for An official’s first election often indi- The SPEAKER pro tempore. Under a travel outside the United States may be ini- cates a willingness in the people to previous order of the House, the gen- tiated by the Chairman or the chairman of a chance their own best interests on tleman from California (Mr. POMBO) is subcommittee (except that individuals may submit a request to the Chairman for the someone who has shown that he has recognized for 5 minutes. purpose of attending a conference or meet- the ability to succeed. That official’s Mr. POMBO. Mr. Speaker, I request that the ing) and shall be limited to members and second election is very often a barom- Committee Rules for the Committee on Re- permanent employees of the Committee. eter of the official’s contact with the sources be submitted for the RECORD.

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A12FE7.030 H12PT1 H426 CONGRESSIONAL RECORD — HOUSE February 12, 2003

RULES FOR THE COMMITTEE ON RESOURCES available for the Members of the Committee (j) Layover and Copy of Bill.—No measure RULE 1. RULES OF THE HOUSE: VICE CHAIRMEN no later than 48 hours before the meeting. or recommendation reported by a Sub- (b) Meeting and Hearings to Begin Prompt- committee shall be considered by the Com- (a) Applicability of House Rules. ly.—Each meeting or hearing of the Com- (1) The Rules of the House of Representa- mittee until two calendar days from the mittee shall begin promptly at the time stip- tives, so far as they are applicable, are the time of Subcommittee action. No bill shall ulated in the public announcement of the rules of the Committee and its Subcommit- be considered by the Committee unless a meeting or hearing. tees. copy has been delivered to the office of each (c) Addressing the Committee.—A Com- (2) Each Subcommittee is part of the Com- Member of the Committee requesting a copy. mittee Member may address the Committee mittee and is subject to the authority, direc- These requirements may be waived by a ma- or a Subcommittee on any bill, motion, or tion and rules of the Committee. References jority vote of the Committee at the time of other matter under consideration or may in these rules to ‘‘Committee’’ and ‘‘Chair- consideration of the measure or rec- question a witness at a hearing only when man’’ shall apply to each Subcommittee and ommendation. recognized by the Chairman for that purpose. its Chairman wherever applicable. (k) Access to Dais and Conference Room.— The time a Member may address the Com- (3) House Rule XI is incorporated and made Access to the hearing rooms’ daises and to mittee or Subcommittee for any purpose or a part of the rules of the Committee to the the conference rooms adjacent to the Com- to question a witness shall be limited to five extent applicable. mittee hearing rooms shall be limited to minutes, except as provided in Committee (b) Vice Chairmen.—Unless inconsistent Members of Congress and employees of Con- rule 4(g). A Member shall limit his remarks with other rules, the Chairman shall appoint gress during a meeting of the Committee. to the subject matter under consideration. a Vice Chairman of the Committee and the (i) Cellular Telephones.—The use of cel- The Chairman shall enforce the preceding Subcommittee Chairman will appoint Vice lular telephones is prohibited on the Com- provision. Chairmen of each of the Subcommittees. If mittee dais or in the Committee hearing (d) Quorums. rooms during a meeting of the Committee. the Chairman of the Committee or Sub- (1) A majority of the Members shall con- RULE 4. HEARING PROCEDURES. committee is not present at any meeting of stitute a quorum for the reporting of any the Committee or Subcommittee, as the case measure or recommendation, the authorizing (a) Announcement.—The Chairman shall may be, the Vice Chairman shall preside. If of a subpoena, the closing of any meeting or publicly announce the date, place, and sub- the Vice Chairman is not present, the rank- hearing to the public under clause 2(g)(1), ject matter of any hearing at least one week ing Member of the Majority party on the clause 2(g)(2)(A) and clause 2(k)(5)(B) of before the hearing unless the Chairman, with Committee or Subcommittee who is present House Rule XI, and the releasing of execu- the concurrence of the Ranking Minority shall preside at that meeting. tive session materials under clause 2(k)(7) of Member, determines that there is good cause RULE 2. MEETINGS IN GENERAL. House Rule X. Testimony and evidence may to begin the hearing sooner, or if the Com- mittee so determines by majority vote. In (a) Scheduled Meetings.—The Committee be received at any hearing at which there are these cases, the Chairman shall publicly an- shall meet at 10 a.m. every Wednesday when at least two Members of the Committee nounce the hearing at the earliest possible the House is in session, unless canceled by present. For the purpose of transacting all date. The Chief Clerk of the Committee shall the Chairman. The Committee shall also other business of the Committee, one third promptly notify the Daily Digest Clerk of meet at the call of the Chairman subject to of the Members shall constitute a quorum. the Congressional Record and shall promptly advance notice to all Members of the Com- (2) When a call of the roll is required to as- enter the appropriate information on the mittee. Special meetings shall be called and certain the presence of a quorum, the offices Committee’s web site as soon as possible convened by the Chairman as provided in of all Members shall be notified and the after the public announcement is made. clause 2(c)(1) of House Rule XI. Any Com- Members shall have not less than 15 minutes (b) Written Statement; Oral Testimony.— mittee meeting or hearing that conflicts to prove their attendance. The Chairman Each witness who is to appear before the with a party caucus, conference, or similar shall have the discretion to waive this re- Committee or a Subcommittee shall file party meeting shall be rescheduled at the quirement when a quorum is actually with the Chief Clerk of the Committee or discretion of the Chairman, in consultation present or whenever a quorum is secured and Subcommittee Clerk, at least two working with the Ranking Minority Member. The may direct the Chief Clerk to note the names days before the day of his or her appearance, Committee may not sit during a joint ses- of all Members present within the 15-minute a written statement of proposed testimony. sion of the House and Senate or during a re- period. Failure to comply with this requirement cess when a joint meeting of the House and (e) Participation of Members in Committee may result in the exclusion of the written Senate is in progress. and Subcommittees.—All Members of the testimony from the hearing record and/or (b) Open Meetings.—Each meeting for the Committee may sit with any Subcommittee the barring of an oral presentation of the transaction of business, including the mark- during any hearing, and by unanimous con- testimony. Each witness shall limit his or up of legislation, and each hearing of the sent of the Members of the Subcommittee her oral presentation to a five-minute sum- Committee or a Subcommittee shall be open may participate in any meeting or hearing. mary of the written statement, unless the to the public, except as provided by clause However, a Member who is not a Member of Chairman, in consultation with the Ranking 2(g) and clause 2(k) of House Rule XI. the Subcommittee may not vote on any mat- Minority Member, extends this time period. (c) Broadcasting.—Whenever a meeting for ter before the Subcommittee, be counted for In addition, all witnesses shall be required to the transaction of business, including the purposes of establishing a quorum or raise submit with their testimony a resume or markup of legislation, or a hearing is open to points of order. other statement describing their education, the public, that meeting or hearing shall be (f) Proxies.—No vote in the Committee or employment, professional affiliations and open to coverage by television, radio, and its Subcommittees may be cast by proxy. other background information pertinent to still photography in accordance with clause 4 (g) Record Votes.—Record votes shall be their testimony. of House Rule XI. The provisions of clause ordered on the demand of one-fifth of the (c) Minority Witnesses.—When any hearing 4(f) of House Rule XI are specifically made Members present, or by any Member in the is conducted by the Committee or any Sub- part of these rules by reference. Operation apparent absence of a quorum. committee upon any measure or matter, the and use of any Committee Internet broadcast (h) Postponed Record Votes. Minority party Members on the Committee system shall be fair and nonpartisan and in (1) Subject to paragraph (2), the Chairman or Subcommittee shall be entitled, upon re- accordance with clause 4(b) of House Rule XI may, after consultation with the Ranking quest to the Chairman by a majority of those and all other applicable rules of the Com- Minority Member, postpone further pro- Minority Members before the completion of mittee and the House. ceedings when a record vote is ordered on the the hearing, to call witnesses selected by the (d) Oversight Plan.—No later than Feb- question of approving any measure or matter Minority to testify with respect to that ruary 15 of the first session of each Congress, or adopting an amendment. The Chairman measure or matter during at least one day of the Committee shall adopt its oversight shall resume proceedings on a postponed re- hearings thereon. plans for that Congress in accordance with quest at any time after reasonable notice, (d) Information for Members.—After an- clause 2(d)(1) of House Rule X. but no later than the next meeting day. (2) Notwithstanding any intervening order nouncement of a hearing, the Committee RULE 3. PROCEDURES IN GENERAL. for the previous question, when proceedings shall make available as soon as practicable (a) Agenda of Meetings; Information for resume on a postponed question under para- to all Members of the Committee a tentative Members.—An agenda of the business to be graph (1), an underlying proposition shall re- witness list and to the extent practicable a considered at meetings shall be delivered to main subject to further debate or amend- memorandum explaining the subject matter the office of each Member of the Committee ment to the same extent as when the ques- of the hearing (including relevant legislative no later than 48 hours before the meeting. tion was postponed. reports and other necessary material). In ad- This requirement may be waived by a major- (3) This rule shall apply to Subcommittee dition, the Chairman shall make available to ity vote of the Committee at the time of the proceedings. the Members of the Committee any official consideration of the measure or matter. To (i) Motions.—A motion to recess from day reports from departments and agencies on the extent practicable, a summary of the to day and a motion to dispense with the the subject matter as they are received. major provisions of any bill being considered first reading (in full) of a bill or resolution, (e) Subpoenas.—The Committee or a Sub- by the Committee, including the need for the if printed copies are available, are nondebat- committee may authorize and issue a sub- bill and its effect on current law, will be able motions of high privilege. poena under clause 2(m) of House Rule XI if

VerDate Jan 31 2003 04:13 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.034 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H427 authorized by a majority of the Members days on which the House of Representatives (8) Matters concerning the following agen- voting. In addition, the Chairman of the is not in session) after the day on which cies and programs: Urban Parks and Recre- Committee may authorize and issue sub- there has been filed with the Committee ation Recovery Program, Historic American poenas during any period of time in which Chief Clerk a written request, signed by a Buildings Survey, Historic American Engi- the House of Representatives has adjourned majority of the Members of the Committee, neering Record, and U.S. Holocaust Memo- for more than three days. Subpoenas shall be for the reporting of that measure. Upon the rial. signed only by the Chairman of the Com- filing with the Committee Chief Clerk of this (9) Public lands generally, including meas- mittee, or any Member of the Committee au- request, the Chief Clerk shall transmit im- ures or matters relating to entry, easements, thorized by the Committee, and may be mediately to the Chairman notice of the fil- withdrawals, grazing and Federal reserved served by any person designated by the ing of that request. water rights. (c) Supplemental, Additional or Minority Chairman or Member. (10) Forfeiture of land grants and alien (f) Oaths.—The Chairman of the Com- Views.—Any Member may, if notice is given at the time a bill or resolution is approved ownership, including alien ownership of min- mittee or any Member designated by the eral lands. Chairman may administer oaths to any wit- by the Committee, file supplemental, addi- ness before the Committee. All witnesses ap- tional, or minority views. These views must (11) Cooperative efforts to encourage, en- pearing in hearings may be administered the be in writing and signed by each Member hance and improve international programs following oath by the Chairman or his des- joining therein and be filed with the Com- for he protection of the environment and the ignee prior to receiving the testimony: ‘‘Do mittee Chief Clerk not less than two addi- conservation of natural resources otherwise you solemnly swear or affirm that the testi- tional calendar days (excluding Saturdays, within the jurisdiction of the Subcommittee. mony that you are about to give is the truth, Sundays and legal holidays except when the (12) General and continuing oversight and the whole truth, and nothing but the truth, House is in session on those days) of the time investigative authority over activities, poli- so help you God?’’. the bill or resolution is approved by the cies and programs within the jurisdiction of (g) Opening Statements; Questioning of Committee. This paragraph shall not pre- the Subcommittees. Witnesses. clude the filing of any supplemental report Subcommittee on Forests and Forest Health (1) Opening statements by Members may on any bill or resolution that may be re- not be presented orally, unless the Chairman quired for the correction of any technical (1) Forest reservations, including manage- or his designee makes a statement, in which error in a previous report made by the Com- ment thereof, created from the public do- case the Ranking Minority Member or his mittee on that bill or resolution. main. designee may also make a statement. If a (d) Review by Members.—Each Member of (2) Public forest lands generally, including witness scheduled to testify at any hearing the Committee shall be given an opportunity measures or matters related to entry, ease- of the Committee is a constituent of a Mem- to review each proposed Committee report ments, withdrawals and grazing. ber of the Committee, that Member shall be before it is filed with the Clerk of the House (3) Federal reserved water rights on forest entitled to introduce the witness at the hear- of Representatives. Nothing in this para- reserves. ing. graph extends the time allowed for filing (2) The questioning of witnesses in Com- supplemental, additional or minority views (4) Wild and Scenic Rivers System, Na- mittee and Subcommittee hearings shall be under paragraph (c). tional Trails System, national heritage areas initiated by the Chairman, followed by the (e) Disclaimer.—All Committee or Sub- and other national units established for pro- Ranking Minority Member and all other committee reports printed and not approved tection, conservation, preservation or rec- Members alternating between the Majority by a majority vote of the Committee or Sub- reational development administered by the and Minority parties. In recognizing Mem- committee, as appropriate, shall contain the Secretary of Agriculture. bers to question witnesses, the Chairman following disclaimer on the cover of the re- (5) Federal and non-Federal outdoor recre- shall take into consideration the ratio of the port: ation plans, programs and administration in Majority to Minority Members present and ‘‘This report has not been officially adopt- public forests. shall establish the order of recognition for ed by the {Committee on Resources} {Sub- (6) Cooperative efforts to encourage, en- questioning in a manner so as not to dis- committee} and may not therefore nec- hance and improve international programs advantage the Members of the Majority or essarily reflect the views of its Members.’’. for the protection of the environment and the Members of the Minority. A motion is in RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; the conservation of natural resources other- order to allow designated Majority and Mi- FULL COMMITTEE JURISDICTION; BILL REFER- wise within the jurisdiction of the Sub- nority party Members to question a witness RALS. committee. for a specified period to be equally divided (a) Subcommittees.—There shall be five (7) General and continuing oversight and between the Majority and Minority parties. standing Subcommittees of the Committee, investigative authority over activities, poli- This period shall not exceed one hour in the with the following jurisdiction and respon- cies and programs within the jurisdiction of aggregate. sibilities: the Subcommittee. (h) Materials for Hearing Record.—Any Subcommittee on National Parks, Recreation materials submitted specifically for inclu- and Public Lands Subcommittee on Fisheries Conservation, Wild- sion in the hearing record must address the (1) Measures and matters related to the life and Oceans announced subject matter of the hearing and National Park System and its units, includ- (1) Fisheries management and fisheries re- be submitted to the relevant Subcommittee ing Federal reserve water rights. search generally, including the management Clerk or Chief Clerk no later than 10 busi- (2) The National Wilderness Preservation of all commercial and recreational fisheries, ness days following the last day of the hear- System, except for wilderness created from the Magnuson-Stevens Fishery Conservation ing. forest reserves from the public domain. and Management Act, interjurisdictional (i) Claims of Privilege.—Claims of com- (3) Wild and Scenic Rivers System, Na- fisheries, international fisheries agreements, mon-law privileges made by witnesses in tional Trails System, national heritable aquaculture, seafood safety and fisheries pro- hearings, or by interviewees or deponents in areas and other national units established motion. investigations or inquiries, are applicable for protection, conservation, preservation or recreational development administered by (2) Wildlife resources, including research, only at the discretion of the Chairman, sub- restoration, refuges and conservation. ject to appeal to the Committee. the Secretary of the Interior, other than (3) All matters pertaining to the protection RULE 5. FILING OF COMMITTEE REPORTS. coastal barriers. (4) Military parks and battlefields, na- of coastal and marine environments, includ- (a) Duty of Chairman.—Whenever the Com- tional cemeteries administered by the Sec- ing estuarine protection. mittee authorizes the favorable reporting of retary of the Interior, parks in and within (4) Coastal barriers. a measure from the Committee, the Chair- the vicinity of the District of Columbia and (5) Oceanography. man or his designee shall report the same to the erection of monuments to the memory of (6) Ocean engineering, including materials, the House of Representatives and shall take individuals. all steps necessary to secure its passage (5) Federal outdoor recreation plans, pro- technology and systems. without any additional authority needing to grams and administration including the (7) Coastal zone management. be set forth in the motion to report each in- Land and Water Conservation Fund, except (8) Marine sanctuaries. dividual measure. In appropriate cases, the those in public forests. (9) U.N. Convention on the Law of the Sea. authority set forth in this rule shall extend (6) Plans and programs concerning non- (10) Sea Grant programs and marine exten- to moving in accordance with the Rules of Federal outdoor recreation and land use, in- sion services. the House of Representatives that the House cluding related plans and programs author- be resolved into the Committee of the Whole ized by the Land and Water Conservation (11) Cooperative efforts to encourage, en- House on the State of the Union for the con- Fund Act of 1965 and the Outdoor Recreation hance and improve international programs sideration of the measure; and to moving in Act of 1963, except those in public forests. for the protection of the environmental and accordance with the Rules of the House of (7) Preservation of prehistoric ruins and the conservation of natural resources other- Representatives for the disposition of a Sen- objects of interest on the public domain and wise within the jurisdiction of the Sub- ate measure that is substantially the same other historic preservation programs and ac- committee. as the House measure as reported. tivities, including national monuments, his- (12) General and continuing oversight and (b) Filing.—A report on a measure which toric sites and programs for international investigative authority over activities, poli- has been approved by the Committee shall be cooperation in the field of historic preserva- cies and programs within the jurisdiction of filed within seven calendar days (exclusive of tion. the Subcommittee.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.035 H12PT1 H428 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Subcommittee on Water and Power (4) All matters regarding Native Alaskans mittee or for referral to another Sub- (1) Generation and marketing of electric and Native Hawaiians. committee. power from Federal water projects by Feder- (5) All matters related to the Federal trust (f) Consultation.—Each Subcommittee ally chartered or Federal regional power responsibility to Native Americans and the Chairman shall consult with the Chairman of marketing authorities. sovereignty of Native Americans. the Full Committee prior to setting dates for (2) All measures and matters concerning (6) All matters regarding insular areas of Subcommittee meetings with a view towards water resources planning conducted pursu- the United States. avoiding whenever possible conflicting Com- ant to the Water Resources Planning Act, (7) All measures or matters regarding the mittee and Subcommittee meetings. water resource research and development Freely Associated States and Antarctica. (g) Vacancy.—A vacancy in the member- programs and saline water research and de- (8) Cooperative efforts to encourage, en- ship of a Subcommittee shall not affect the velopment. hance and improve international programs power of the remaining Members to execute (3) Compacts relating to the use and appor- for the protection of the environment and the functions of the Subcommittee. the conservation of natural resources other- tionment of interstate waters, water rights RULE 7. TASK FORCES, SPECIAL OR SELECT wise within the jurisdiction of the Full Com- and major interbasin water or power move- SUBCOMMITTEES mittee under this paragraph. ment programs. (a) Appointment.—The Chairman of the (4) All measures and matters pertaining to (9) All measures and matters retained by the Full Committee under Committee rule Committee is authorized, after consultation irrigation and reclamation projects and with the Ranking Minority Member, to ap- other water resources development and recy- 6(e). (10) General and continuing oversight and point Task Forces, or special or select Sub- cling programs, including policies and proce- committees, to carry out the duties and dures. investigative authority over activities, poli- cies and programs within the jurisdiction of functions of the Committee. (5) Indian water rights and settlements. (b) Ex-Officio Members.—The Chairman (6) Cooperative efforts to encourage, en- the Committee under House Rule X. and Ranking Minority Member of the Com- hance and improve international programs (c) Ex-officio Members.—The Chairman mittee may serve as ex-officio Members of for the protection of the environment and and Ranking Minority Member of the Com- each Task Force, or special or select Sub- the conservation of natural resources other- mittee may serve as ex-officio Members of committee if they are not otherwise mem- wise within the jurisdiction of the Sub- each standing Subcommittee to which the bers. Ex-officio Members shall have the right committee. Chairman or the Ranking Minority Member to fully participate in activities but may not (7) General and continuing oversight and have not been assigned. Ex-officio Members vote and may not be counted in establishing investigative authority over activities, poli- shall have the right to fully participate in a quorum. cies and programs within the jurisdiction of Subcommittee activities but may not vote (c) Party Ratios.—The ratio of Majority the Subcommittee. and may not be counted in establishing a quorum. Members to Minority Members, excluding Subcommittee on Energy and Mineral Resources (d) Powers and Duties of Subcommittees.— ex-officio Members, on each Task Force, spe- (1) All measures and matters concerning Each Subcommittee is authorized to meet cial or select Subcommittee shall be as close the U.S. Geological Survey, except for the hold hearings, receive evidence and report to as practicable to the ratio on the Full Com- activities and programs of the Water Re- the Committee on all matters within its ju- mittee. sources Division or its successor. risdiction. Each Subcommittee shall review (d) Temporary Resignation.—A Member (2) All measures and matters affecting geo- and study, on a continuing basis, the appli- can temporarily resign his or her position on thermal resources. cation, administration, execution and effec- a Subcommittee to serve on a Task Force, (3) Conservation of United States uranium tiveness of those statutes, or parts of stat- special or select Subcommittee without prej- supply. utes, the subject matter of which is within udice to the Member’s seniority on the Sub- (4) Mining interests generally, including that Subcommittee’s jurisdiction; and the committee. all matters involving mining regulation and organization, operation, and regulations of (e) Chairman and Ranking Minority Mem- enforcement, including the reclamation of any Federal agency or entity having respon- ber.—The Chairman of any Task Force, or mined lands, the environmental effects of sibilities in or for the administration of such special or select Subcommittee shall be ap- mining, and the management of mineral re- statutes, to determine whether these stat- pointed by the Chairman of the Committee. ceipts, mineral land laws and claims, long- utes are being implemented and carried out The Ranking Minority Members shall select range mineral programs and deep seabed in accordance with the intent of Congress. a Ranking Minority Member for each Task mining. Each Subcommittee shall review and study Force, or standing, special or select (5) Mining schools, experimental stations any conditions or circumstances indicating Subcommittee. and long-range mineral programs. (6) Mineral resources on public lands. the need of enacting new or supplemental RULE 8. RECOMMENDATION OF CONFEREES. (7) Conservation and development of oil legislation within the jurisdiction of the Whenever it becomes necessary to appoint and gas resources of the Outer Continental Subcommittee. conferees on a particular measure, the Chair- Shelf. (e) Referral to Subcommittees; Recall. man shall recommend to the Speaker as con- (1) Except as provided in paragraph (2) and (8) Petroleum conservation on the public ferees those Majority Members, as well as for those matters within the jurisdiction of lands and conservation of he radium supply those Minority Members recommended to the Full Committee, every legislative meas- in the United States. the Chairman by the Ranking Minority ure or other matter referred to the Com- (9) Measures and matters concerning the Member, primarily responsible for the meas- mittee shall be referred to the Sub- transportation of natural gas from or within ure. The ratio of Majority Members to Mi- committee of jurisdiction within two weeks Alaska and disposition of oil transported by nority Members recommended for con- of the date of its referral to the Committee. the trans-Alaska oil pipeline. ferences shall be no greater than the ratio on If any measure or matter is within or affects (10) Rights of way over public lands for un- the Commerce. derground energy-related transportation. the jurisdiction of one or more Subcommit- RULE 9. COMMITTEE RECORDS. (11) Cooperative efforts to encourage, en- tees, the Chairman may refer that measure hance and improve international programs or matter simultaneously to two or more (a) Segregation of Records.—All Com- for the protection of the environment and Subcommittees for concurrent consideration mittee records shall be kept separate and the conservation of natural resources other- or for consideration in sequence subject to distinct from the office records of individual wise within the jurisdiction of the Sub- appropriate time limits, or divide the matter Committee Members serving as Chairmen or committee. into two or more parts and refer each part to Ranking Minority Members. These records (12) General and continuing oversight and a Subcommittee. shall be the property of the House and all investigative authority over activities, poli- (2) The Chairman, with the approval of a Members shall have access to them in ac- cies and programs within the jurisdiction of majority of the Majority Members of the cordance with clause 2(e)(2) of House Rule the Subcommittee. Committee, may refer a legislative measure XI. (b) Full Committee.—The Full Committee or other matter to a select or special Sub- (b) Availability.—The Committee shall shall have the following jurisdiction and re- committee. A legislative measure or other make available to the public for review at sponsibilities: matter referred by the Chairman to a Sub- reasonable times in the Committee office the (1) Environmental and habitat measures committee may be recalled from the Sub- following records: and matters of general applicability. committee for direct consideration by the (1) transcripts of public meetings and hear- (2) Measures relating to the welfare of Na- Full Committee, or for referral to another ings, except those that are unrevised or un- tive Americans, including management of Subcommittee, provided Members of the edited and intended solely for other use of Indian lands in general and special measures Committee receive one week written notice the Committee; and relating to claims which are paid out of In- of the recall and a majority of the Members (2) the result of each record vote taken in dian funds. of the Committee do not object. In addition, the Committee, including a description of (3) All matters regarding the relations of a legislative measure or other matter re- the amendment, motion, order or other prop- the United States with Native Americans ferred by the Chairman to a Subcommittee osition vote on, the name of each Committee and Native American tribes, including spe- may be recalled from the Subcommittee at Member voting for or against a proposition, cial oversight functions under Rule X of the any time by majority vote of the Committee and the name of each Member present but Rules of the House of Representatives. for direct consideration by the Full Com- not voting.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.037 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H429 (c) Archived Records.—Records of the Com- termine the remuneration of, and may re- President that is nothing more than an mittee which are deposited with the Na- move, the legislative and administrative assault on our children, on working tional Archives shall be made available for staff assigned to the Minority within the people, on veterans. public use pursuant to House Rule VII. The budget approved for those purposes. The leg- We are asking our young men and Chairman of the Committee shall notify the islative and administrative staff assigned to Ranking Minority Member of any decision, the Minority shall be under the general su- women to go on the battlefield, and at pursuant to clause 3(b)(3) or clause 4(b) of pervision and direction of the Ranking Mi- the same time we just heard the gen- House Rule VII, to withhold, or to provide a nority Member of the Committee who may tleman from Ohio (Mr. STRICKLAND) time, schedule or condition for availability delegate any authority he determines appro- tell us what the President is proposing of any records otherwise available. At the priate. to do to veterans. written request of any Member of the Com- (d) Availability.—The skills and services of mittee, the matter shall be presented to the all Committee staff shall be available to all b 1815 Committee for a determination and shall be Members of the Committee. He said, ‘‘We’re not going to pass this subject to the same notice and quorum re- RULE 12. COMMITTEE TRAVEL. problem on to the next generation.’’ quirements for the conduct of business under Committee rule 3. In addition to any written travel policies Yet in his own budget, by his own Of- (d) Records of Closed Meetings.—Not with- the Committee may from time to time fice of Management and Budget, we are standing the other provisions of this rule, no adopt, all travel of Members and staff of the faced with about another $468 billion in records of Committee meetings or hearings Committee or its Subcommittees, to hear- debt. Check with the CRS. The percent which were closed to the public pursuant to ings, meetings, conferences and investiga- of the gross domestic product that the the Rules of the House of Representatives tions, including all foreign travel, must be authorized by the Full Committee Chairman nation of Brazil has in debt is 60 per- shall be released to the public unless the cent. The percent of debt that the Committee votes to release those records in prior to any public notice of the travel and accordance with the procedure used to close prior to the actual travel. In the case of Mi- United States of America has of our the Committee meeting. nority staff, all travel shall first be approved gross domestic product is 62 percent. (e) Classified Materials.—All classified ma- by the Ranking Minority Member. Funds au- And that is what we owe today. That terials shall be maintained in an appro- thorized for the committee under clauses 6 does not include 300-plus billion-dollar priately secured location and shall be re- and 7 of House Rule X are for expenses in- deficits for as long as anyone can imag- leased only to authorized persons for review, curred in the Committee’s activities within ine. Yet the President presents us with who shall not remove the material from the the United States. this idea that we can have it all: it’s Committee offices without the written per- RULE 13. CHANGES TO COMMITTEE RULES. mission of the Chairman. rainbow stew. Just reach out there and the rules of the Committee may be modi- grab you some. Have a big drink. It’s RULE 10. COMMITTEE BUDGET AND EXPENSES. fied, amended, or repealed, by a majority (a) Budget.—At the beginning of each Con- vote of the Committee, provided that 48 free Bubble-up. We can cut taxes, we gress, after consultation with the Chairman hours written notice of the proposed change can fight at least two wars, maybe of each Subcommittee and the Ranking Mi- has been provided each Member of the Com- more, we can provide everything that nority Member, the Chairman shall present mittee prior to the meeting date on which anybody is going to possibly dream up, to the Committee for its approval a budget the changes are to be discussed and voted on. and nobody has to pay. We’ll just keep covering the funding required for staff, trav- A change to the rules of the Committee shall borrowing money. el, and miscellaneous expenses. be published in the Congressional Record no I have a button back there at my (b) Expense Resolution.—Upon approval by later than 30 days after its approval. the Committee of each budget, the Chair- desk that they told me I could not RULE 14. OTHER PROCEDURES. man, acting pursuant to clause 6 of House wear when I came on the floor to make rule X, shall prepare and introduce in the The Chairman may establish procedures a speech. It says, How much is the debt House a supporting expense resolution, and and take actions as may be necessary to tax? How much are we going to pile on take all action necessary to bring about its carry out the rules of the Committee or to our children and grandchildren? How facilitate the effective administration of the approval by the Committee on House Admin- much of a debt are we going to con- istration and by the House of Representa- Committee, in accordance with the rules of tives. the Committee and the rules of the House of tinue to just put on our children and (c) Amendments.—The chairman shall re- Representatives. grandchildren that they cannot pay? port to the Committee any amendments to f No nation, I submit to you, Mr. Speak- each expense resolution and any related er, can be free and powerful and broke, changes in the budget. MISGUIDED ADMINISTRATION and that is where we are headed. (d) Additional Expenses. Authorization for POLICIES I have been on this floor many times. the payment of additional or unforeseen The SPEAKER pro tempore. Under a I have heard people make great patri- Committee expenses may be procured by one or more additional expense resolutions proc- previous order of the House, the gen- otic remarks, declare their intense love essed in the same manner as set out under tleman from Arkansas (Mr. BERRY) is for this country; and I share that love. this rule. recognized for 5 minutes. I think the Founders, our Founding Fa- (e) Monthly Reports.—Copies of each Mr. BERRY. Mr. Speaker, I come to thers, would absolutely be disgusted monthly report, prepared by the Chairman the floor this evening with a heavy with what we are doing right now, with for the Committee on House Administration, heart. I came to Washington, D.C., in the idea that we are going to borrow which shows expenditures made during the 1993 as part of the Clinton administra- ourselves into financial oblivion by reporting period and cumulative for the tion. We worked hard for 8 years. We year, anticipated expenditures for the pro- just continuing to borrow money and jected Committee program, and detailed in- passed on to the next administration a borrow money and borrow money and formation on travel, shall be available to $5 trillion surplus. We passed on to the not even acknowledge that we have got each Member. next administration peace and pros- a problem. RULE 11. COMMITTEE STAFF. perity. It is time, Mr. Speaker, that we rec- (a) Rules and Policies.—Committee staff Today it is not that way. The great ognize that we cannot continue to do members are subject to the provisions of country singer Merle Haggard has a this irresponsible thing. clause 9 of House Rule X, as well as any writ- song that he sings; it is called ‘‘Rain- f ten personnel policies the Committee may bow Stew.’’ One of the verses in there from time to time adopt. says when a President goes through the THE PRESIDENT’S BUDGET (b) Majority and Nonpartisan Staff.—The The SPEAKER pro tempore (Mr. Chairman shall appoint, determine the re- White House door and does what he muneration of, and may remove, the legisla- says that he will do, we will all be PEARCE). Under a previous order of the tive and administrative employees of the drinking that free Bubble-up and eat- House, the gentleman from Mississippi Committee not assigned to the Minority. ing that rainbow stew. (Mr. TAYLOR) is recognized for 5 min- The legislative and administrative staff of When the President came here a few utes. the Committee not assigned to the Minority weeks ago and gave us the State of the Mr. TAYLOR of Mississippi. Mr. shall be under the general supervision and Union, one of the things he promised Speaker, I appreciate the opportunity direction of the Chairman, who shall estab- was that we would not pass our prob- to speak. I very much want to thank lish and assign the duties and responsibil- lems on to another Congress or on to the gentleman from Arkansas (Mr. ities of these staff members and delegate any authority he determines appropriate. another generation. And yet just a BERRY) for what he had to say. I too (c) Minority Staff.—The Ranking Minority week ago Monday we are presented heard the President of the United Member of the Committee shall appoint, de- with a proposed budget from that same States just a couple of weeks ago stand

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.039 H12PT1 H430 CONGRESSIONAL RECORD — HOUSE February 12, 2003 in this well and tell the American peo- What is particularly sad is that you In fact, they are with us today in ple we would not pass our problems on promised the American people you these Chambers, Mr. Speaker. It is to the next generation. Maybe the would not do that. That is how you got Gary Becks, who works on my staff, President does not read his own budg- in the majority. And then you flat and Wendell Cutting, my chief of staff et. I would hope he does. He signs it be- turned around and did just the oppo- in my congressional district. Wendell fore he sends it to us. Maybe the Presi- site. You will not let us vote on the is the cochairman of this task force dent is not aware that since the pas- balanced budget amendment, you are and does it without any remuneration. sage of his budget and his tax cuts that running up $300 billion a year deficits, They have gone to places like Albania. our Nation’s debt has increased by and your only answer to that is more They were the first people into the $758,108,651,628.89. The first $2 trillion debt and more tax cuts. Kosovo conflict. They went into the budget in American history inciden- I will remind you, Mr. Speaker, in first refugee camp, a camp in which tally was not submitted by a guy every other conflict in American his- every single child had some type of an named Dukakis or a wild-eyed liberal tory, when we asked our young people illness or a malady. They were the first named McGovern. It was submitted by to put their lives on the line, the rest people to distribute food and medicine. George W. Bush. The first $2.25 trillion of Americans were asked to pay the And they were the first people to go up budget in American history was not bill, right then and there. And quite into the very remote camps through submitted by a wild-eyed liberal. It was frankly, the wealthiest Americans were what was basically a no-man’s land submitted by George Bush. asked to pay the most. The inheritance where a number of nongovernmental Mr. Speaker, I would hope someone tax was a wartime tax. The luxury organizations had taken rifle fire just a in this body would explain to me that taxes were all wartime taxes. The folks few days before. when the tax cuts take place with who got to stay home and enjoy the If you look at the outline of what great fanfare, they take place during benefits of America paid while someone Rescue Task Force does, you can look the middle of the day or during prime else did the fighting. But at least they at the pictures and see Gary Becks time TV. But when my Republican col- paid. dressing wounds in Afghanistan. You leagues want to raise the debt limit What do you say now, Mr. Speaker? can see Wendell in the slums of Thai- and burden the next generation with You say those who have the most land teaching sanitation. You can see these bills, that vote takes place about should pay even less and, by the way, them both distributing help in Kosovo. 3 or 4 in the morning. You will notice the kids from across town, the kids You can see them establishing the there will not be a reporter up there. from across the tracks, let them go get first-ever dental clinic in the area of Most of our constituents will be asleep. shot in Afghanistan, let them go get the Nicaraguan-Honduran border. If they are proud of raising the debt shot in Colombia protecting a pipeline Mr. Speaker, I am very proud of and seeing to it that an even larger owned by Occidental Petroleum. Let these two gentlemen and this organiza- percentage of our Nation’s budget is that kid get shot in Iraq and, by the tion, Rescue Task Force. They also squandered on interest and we are way, send him the bill for this war started the program we call Hands squandering a billion a day, that is a when he gets home. Across the Border, where they have di- thousand times a thousand times a Mr. Speaker, there are a lot of good rected literally tons and millions of thousand, then why will you schedule a people in this body. A majority of peo- dollars’ worth of medical supplies and vote to raise the debt at 3 or 4 o’clock ple in this body came to this body say- food and toys for people who hurt, to in the morning? Why will you change ing they were going to be fiscally re- quote the President, in Mexico. They the House rules so that now, by just sponsible. Where are they now? Where have gone around the world. the adoption of the President’s budget, are they going to be tomorrow when we Interestingly, Mr. Speaker, a lot of we automatically raise the debt if you vote on a $300 billion bill that not one us in this city are listening to people are proud of that? Member has read, that no one has any who are explaining to us why other na- Mr. Speaker, please explain to me idea what sort of stuff is buried in it? tions in the world may not like us and explain to the American people Mr. Speaker, where are they going to right now in this particular phase of why a group of people is elected to gov- be tomorrow? Because if those people our foreign policy in the Middle East ern this country who promised to bal- care about their country, they will let and explaining that the United States ance the budget, who promised to be us vote on a balanced budget amend- needs to reach out and to educate peo- fiscally responsible, yet in the over ment. If they care about their country, ple as to what we do and what we stand 1,400 days that Speaker HASTERT has they will vote down this bill tomorrow for. I would say, Mr. Speaker, that no- been Speaker of this House of Rep- until they have had a chance to read it. body reaches out as effectively nor is resentatives, he will not even schedule If they care about our country, they as good an ambassador as these folks, one vote on a balanced budget amend- will quit sticking our kids with their not only in Rescue Task Force but ment to the United States Constitu- bills. hundreds of American charitable orga- tion. We vote to condemn people across f nizations who bring food and medical the world. We vote to commend people supplies to Africa, to Afghanistan, to across the world. We have cast 25 votes IN RECOGNITION OF RESCUE TASK other vast areas of the world, very dis- since this session started. The way I FORCE tant areas where it is obvious that they figure it, thus far Congress is being The SPEAKER pro tempore. Under a are not going to receive anything in re- paid $1,000 per vote this year. But you previous order of the House, the gen- turn. In fact, if you looked at the situ- cannot find time, Mr. Speaker, to tleman from California (Mr. HUNTER) is ation in Afghanistan and you looked at schedule a vote on the most important recognized for 5 minutes. the roster of nations that were sup- thing of all, which is balancing the Mr. HUNTER. Mr. Speaker, there is a plying humanitarian help in Afghani- American budget so that this genera- movie that I saw recently which de- stan, before the military operations, tion does not ask the next generation picted three actors who became trou- before we had to go in and find the al to pay our bills. bleshooters and helped to save a small Qaeda, you will find the Americans Mr. Speaker, answer back. Would you town in Mexico. The name of the movie leading the list, supplying most of the go out and buy a car, go out and buy a was ‘‘The Three Amigos.’’ As I recall, food, most of the medicine, and that is Lexus and say, I don’t care what it they had a slogan that wherever there reflective of what Rescue Task Force costs, I don’t care what the interest was injustice or poverty, they would be does. payments are because my grandkid is there. In reality, in real life, there are I am very proud of Rescue Task going to pay for it? Would you go buy two amigos who have organized a small Force, Mr. Speaker. I think it is rep- a house? The same deal. I want the task force that is called Rescue Task resentative of the goodness that this most expensive house in town; I don’t Force and where there are problems in country has and the willingness of our care what the interest payments are the world, where people are sick or people to reach out and give some of because my kid is going to pay for it. need medical help or they are victims their resources to other people around That is the way you are running this of a crossfire in a real shooting war, the world with no intention to ever re- country. the two amigos are there. ceive anything in return except the

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.066 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H431 good feelings that come from their val- have had and enjoyed. We would not trillion deterioration of our fiscal mat- ues, that come to anyone who reaches have the opportunities, because we ters of this country in 2 years. out to help someone in need. would not have the discretionary in- The Blue Dogs stood on this floor and f come for education, for health care, for opposed the economic game plan that veterans, for the world class military we are now under. We were not pro- WHY DEFICITS MEAN SOMETHING that we all know is necessary for the phetic. We agreed with the majority The SPEAKER pro tempore. Under a defense of this country. party on the spending, but we were not previous order of the House, the gen- We will not have that money. It will even allowed to have our budget on the tleman from Tennessee (Mr. TANNER) is continue to go out in the form of inter- floor, and we have heard nothing but recognized for 5 minutes. est payments. rhetoric ever since. Mr. TANNER. Mr. Speaker, I am a What the gentleman from Arkansas But now the results of the economic member of the Blue Dog Coalition, as (Mr. BERRY) said about Brazil, we are game plan are coming in, and I want everybody knows. The gentleman from not creditworthy were it not for the everyone to understand, 60 percent of Texas (Mr. STENHOLM) is here with me. full faith, credit and confidence of the the deterioration has occurred because The gentleman from Arkansas (Mr. people of this country in terms of what of 9–11–01 and the military homeland BERRY) was here earlier, as was the we have done in borrowing money. It is defense needs of this country and the gentleman from Mississippi (Mr. TAY- a shame what is going on each and recession. But 40 percent of that dete- LOR). This is going to be a first in a se- every day. rioration has occurred because of the ries of, I hope, enlightened or enlight- The gentleman from Mississippi (Mr. economic game plan that we are now ening exercises that we do with regard TAYLOR) asked for a balanced budget under. to why deficits mean something in this amendment vote, 1,400-some pages. We I personally happen to agree with the country. do not have one. This Congress, if it President’s leadership regarding solv- I heard some of the most astounding does not come face to face with the ing the Social Security problem while rhetoric I have ever heard in my life fact that we are spending a lot of we still had a chance. Again, I am when there are some in this town who money that we did not count on be- ready to step forward in a bipartisan say deficits do not matter. We are cause of 9–11 that we have to spend to way and work with my colleagues to going to try to point out why they do protect this country, our first and fore- take care of that debt for our children. over the next few weeks. most obligation as Members of Con- But that is not what we are talking Mr. Speaker, do you realize that gress, if they do not come face to face about today. That is not what is being today we are passing on to our children with that and understand that we have proposed and talked about in the budg- and our grandchildren an 18 percent to get the money up to pay for it or et. mortgage on this country? We have lit- else pass it on to our children in the After 4 years of reduction in the debt erally mortgaged our children’s future form of a debt tax that can never be re- held by the public and warnings by ad- by our spending habits and our inabil- pealed, then we have shamefully failed ministration and Republican after Re- ity or our lack of courage to raise the not only our oath of office, but we have publican in Congress that the govern- necessary funds to pay for what my shamefully failed those who will follow ment would pay off the debt too quick- generation wants. us. ly 2 years ago, debt held by the public will exceed $5 trillion by 2008, a 50 per- b 1830 And each and every day a billion dol- lars goes out of this place to pay inter- cent increase, a debt tax increase on The President has submitted a budg- est, and each and every day we operate the American people that every tax- et that is another $300 billion in the in the red, it is more piled on. That is payer will have to pay, a debt tax in- red. Let me just say why that matters. why deficits matter and that is what crease under the administration’s We already are paying, as a people, a the Blue Dogs are going to be talking budget that is being proposed. billion dollars a day in interest on past about over the next few weeks. The administration requested the consumption. If we do the math on statutory debt limit be increased for that, there are 129.9 million individual f the second time in less than a year. taxpayers in this country, that means The SPEAKER pro tempore. Under a That ought to tell us something. When that every individual taxpayer last previous order of the House, the gen- we are having to increase the debt year paid on average $2,556 on the debt, tleman from Florida (Mr. PUTNAM) is limit so we can borrow more money, it interest on the debt, a debt tax that recognized for 5 minutes. ought to tell us there is something will continue to go up under these (Mr. PUTNAM addressed the House. wrong with the game plan that we are present economic policies that we are His remarks will appear hereafter in now following. asked to follow. the Extensions of Remarks.) The greatest danger of the deficits in It gets even worse than that, though, f the President’s budget is that it will because what happens is, every time we make it harder to address the chal- borrow money, we have put a tax in- THE NATIONAL DEBT lenges facing Social Security and Medi- crease not only on us, but on our chil- The SPEAKER pro tempore. Under a care when our baby boom generation dren and grandchildren, that can never previous order of the House, the gen- begins to retire in the next decade. In- be repealed because the interest must tleman from Texas (Mr. STENHOLM) is stead of saving money to prepare for be paid. It is a tax increase every day recognized for 5 minutes. those costs, we will already be in a we sit here spending more money or Mr. STENHOLM. Mr. Speaker, just a deep hole when the $18 trillion liability not having the courage to raise the few days ago the President stood in facing those programs begins to come money we need to protect this country where the Clerk of the House stands due. The analytical prospectus volume and the people who live here. and told the Nation that we will not of the President’s budget, the adminis- Every day we do that is another tax pass along our problems to other Con- tration warned us, as the baby boomers on our children and us and our grand- gresses, other Presidents and other reach retirement age in large numbers, children that cannot be repealed. That generations. I stood and applauded that the deficit is projected to rise steadily is what the debt tax is. That is what statement because I agree with my as a percent of GDP. Deficits will grow the interest tax is. President. I agree with my commander from 2.2 percent of GDP in 2020 to 5.4 And it really is ironic that people in chief. percent in 2030 to 8.8 percent in 2040 would sit here and say, we are not Then I was somewhat disappointed, under the President’s budget policies. going to pass on the problems of this considerably disappointed, when the How can we continue to ignore that Congress on this day, in this hour, to administration’s budget came through today? those who come after us. If our fore- projecting a $307 billion deficit for next The debt tax is real. It is an increase. fathers had done to us what we are year and deficits as far as the eye can But instead of our paying for it today, doing to our children and grand- see. The President’s budget protects what are we saying? We are going to children, we would not have the stand- cumulative deficits of over $2.1 trillion give this generation another tax cut. ard of living we have today, that we from 2002 through 2011. That is a $7.7 And no one, including the President’s

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.067 H12PT1 H432 CONGRESSIONAL RECORD — HOUSE February 12, 2003 own budget analysis, shows that it is With the country on alert for ter- position, arguing that GAO’s investiga- going to do anything other than in- rorist attacks, a potential conflict in tion ‘‘would unconstitutionally inter- crease the debt. Iraq, and effort on the way to enact fere with the functioning of the execu- And we are not even talking about economic stimulus, it is time to stand tive branch.’’ Even when GAO volun- paying for the war, the war that we all behind this extremely qualified can- tarily scaled back its request, dropping pray will not come, but it looks like it didate. its demand for minutes and notes, the is; and I am behind my commander in f Vice President’s office was intran- chief 100 percent. But the rhetoric of sigent. Faced with an administration the economy in the budget does not CHENEY TASK FORCE RECORDS that had no interest in reaching an ac- match the rhetoric of what is needed as AND GAO AUTHORITY commodation, GAO was left with no the gentleman from Mississippi (Mr. The SPEAKER pro tempore. Under a choice. Reluctantly on February 22, TAYLOR) spoke so eloquently on a mo- previous order of the House, the gen- 2002, GAO filed its first-ever lawsuit ment ago. The debt tax consumed 18 tleman from California (Mr. WAXMAN) against the executive branch to obtain percent of all government revenues to is recognized for 5 minutes. access to information. pay interest on the $6.4 trillion debt Mr. WAXMAN. Mr. Speaker, last Fri- b 1845 last year. That debt tax will go up to day, February 7, the General Account- ing Office abandoned its efforts to ob- In December, the district court in the 19.5 percent by 2008 under the economic case issued a sweeping decision in favor tain basic records about the operation game plan that we are being asked to of the Bush administration, ruling that of the Vice President’s Task Force on support. GAO had no standing to sue the execu- Energy Policy. This action received I ask my colleagues as one Democrat tive branch. The judge in the case was only limited attention, and few people who used to vote with you and we a recent Bush appointee who served as passed the balanced budget constitu- fully understand its profound con- a deputy to Ken Starr during the Inde- tional amendment in 1995, what has sequences. pendent Counsel investigation of the happened to you? What has caused you When we have divided government, Clinton administration. The judge’s to suddenly start saying, deficits do the public can expect Congress to con- reasoning contorted the law, and it ig- not matter, balancing the budget does duct needed oversight over the execu- nored both Supreme Court and appel- not matter? tive branch. But today we are living in late court precedent recognizing GAO’s The Blue Dogs stand ready to work an era of one-party control. This means right to use the courts to enforce its with our President and with the major- the House and the Senate are not going statutory rights to information. ity in seeing that we do not increase to conduct meaningful oversight of the Before deciding whether to pursue an the taxes on our children through the Bush administration. When there is appeal, the Comptroller General con- debt tax. one-party control of both the White sulted with congressional leaders. He f House and Congress, there is only one found no support from Republican lead- The SPEAKER pro tempore. Under a entity that can hold the administra- ers for an appeal. previous order of the House, the gen- tion accountable, and that is the inde- This hypocrisy is simply breath- tleman from Hawaii (Mr. CASE) is rec- pendent General Accounting Office. taking. During the 1990s, it was the Re- ognized for 5 minutes. But now GAO has been forced to sur- publicans in Congress who embarked (Mr. CASE addressed the House. His render this fundamental independence. on a concerted effort to undermine the remarks will appear hereafter in the When GAO decided not to appeal the authority of the President. Congres- Extensions of Remarks.) District Court decision in Walker v. sional committees spent over $15 mil- Cheney, it made a fateful decision. In lion investigating the White House. f the Comptroller General’s words, GAO They demanded and received informa- SUPPORTING THE NOMINATION OF will now require ‘‘an affirmative state- tion on the innermost workings of the MIGUEL ESTRADA ment of support from at least one full White House. They subpoenaed top The SPEAKER pro tempore. Under a committee with jurisdiction over any White House officials to testify about previous order of the House, the gentle- records they seek to access prior to the advice they gave the President. woman from Tennessee (Mrs. any future court action by GAO.’’ They forced the White House to dis- BLACKBURN) is recognized for 5 min- Translated, what this means is that close internal White House documents, utes. GAO will bring future actions to en- memos, e-mails, phone records, and Mrs. BLACKBURN. Mr. Speaker, I force its rights to documents only with even lists of guests at White House rise this morning in support of the the blessings of the majority party in movie showings. They abused congres- nomination of Miguel Estrada. If Congress. sional powers, and they launched Miguel Estrada were considered for This is a fundamental shift in our countless GAO investigations. Federal bench on merits alone, we system of checks and balances. For all But now that President Bush and would not be still debating his quali- practical purposes, the Bush adminis- Vice President CHENEY are in office— fications. He would already be serving. tration is now immune from effective The SPEAKER pro tempore (Mr. Estrada was given the very highest oversight by the Congress. Some people PEARCE). The time of the gentleman recommendation by the American Bar say GAO should never have brought has expired. Mr. WAXMAN. Mr. Speaker, I ask Association, not what those who seek legal action to obtain information unanimous consent to proceed for 1 ad- to tar and feather him would consider about the energy task force, but in re- ditional minute. a right wing organization. While we ality GAO had no choice. The SPEAKER pro tempore. The prefer our Tennessee law schools, we do The Bush administration’s penchant Chair cannot entertain the motion. know that some consider Harvard to be for secrecy has been demonstrated time The gentleman’s time has expired. a pretty good alternative. Mr. Estrada and time again. The Department of not only graduated from Harvard, but Justice has issued a directive cur- f was the editor of the Law Review. tailing public access to information THE BUSH RECESSION AND ITS Again, Harvard is not what Estrada’s under the Freedom of Information Act. IMPACT ON MINORITY WORKERS critics would consider a right wing or- The White House has restricted access The SPEAKER pro tempore. Under a ganization. And in what can only be de- to Presidential records. The adminis- previous order of the House, the gentle- scribed as a stellar career, he went on tration has refused to provide informa- woman from California (Ms. WATSON) is to clerk for Supreme Court Justice An- tion about the identity of over 1,000 in- recognized for 5 minutes. thony Kennedy, who is also not consid- dividuals detained in the name of Ms. WATSON. Mr. Speaker, I yield to ered by those on the left to be part of homeland security. the gentleman from California (Mr. the right wing. The White House deliberately picked WAXMAN). I think my point is clear. Partisan this fight with GAO in order to secure CHENEY TASK FORCE RECORDS AND GAO politics are behind the attacks on his its power to run the government in se- AUTHORITY character and the delay in his nomina- cret. From the start, the White House Mr. WAXMAN. Mr. Speaker, I thank tion. assumed a hostile and uncompromising the gentlewoman for yielding, because

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.070 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H433 I want to make this point very clearly to your mission. At best, you will be able to minority, the Court’s decision did not ad- that now that the President is Bush pursue effective investigations only when dress, and does not affect, our engagement and the Vice President is Cheney, sud- your work is supported by the majority in acceptance policy or the CG’s authority to denly the priorities of the Republicans Congress. Investigations that are requested conduct self-initiated work. by the minority would become second-class As you know, in enacting 31 U.S.C. § 716, have changed. Oversight is no longer of investigations because GAO would have no the Congress gave GAO the independent interest to them. In fact, it is some- ability to compel—or to threaten credibly to right to sue to compel the production of in- thing to be avoided at all costs, includ- compel—the production of information in formation irrespective of whether the re- ing sacrificing the independence of the face of executive branch recalcitrance. quest is made by a committee, a member, or GAO. Even when GAO asked for the Allowing the district court decision to is self-initiated by the CG. As the attach- most basic information, what private stand would also do permanent damage to ment notes, the district court’s decision in interest met with the White House the Comptroller General’s statutory author- Walker v. Cheney does not set a binding ity to conduct self-initiated work. Under task force, the answer is that GAO is precedent on GAO’s overall right to sue in Walker versus Cheney, this essential inde- the future. Importantly, it does not affect not entitled to ask these questions. pendence is crippled because you would have GAO’s statutory audit authority, access Consider this irony. In their eager- no standing to assert your independent rights, or the obligation of agencies to pro- ness to undermine the Clinton White rights of access to agency information. vide GAO information. As a result, we re- House, Republicans in Congress tried Now is exactly the time when an inde- main willing and able, should the facts and to tear down the Presidency. Now, in pendent GAO is most important. When the circumstances warrant, to file suit to press their eagerness to protect the Bush White House is controlled by one party and our access rights in connection with a dif- Congress by another party, the public can ferent matter in the future. In addition, the White House, they are willing to tear rely on Congress to conduct oversight of the down Congress. court’s decision does not affect GAO’s ability administration. But when—as now—there is to issue demand letters and statutory re- The implications of GAO’s decision one-party control of both the White House ports to the Congress in connection with an are enormous when they decided not to and Congress, congressional oversight will be agency’s refusal to disclose information to appeal; and without a realistic threat minimal. If GAO is not available to conduct which we are entitled. There are also tradi- of legal action, GAO loses most of its independent oversight, there simply won’t be tional remedies available to the Congress leverage. This is a sea change in GAO’s any. that can, have, and, we trust, will continue mission. It is no longer fundamentally The need for GAO independence is espe- to be employed to aid our audit and access cially important given the inclinations of authority. However, as I noted when we met, nonpartisan nor fundamentally inde- the current Administration. This Adminis- pendent. given the district court’s decision, and other tration has taken a uniquely hostile ap- considerations, as a matter of procedural Mr. Speaker, I include for the record proach to oversight and public disclosure. prudence, I believe it would be appropriate to three short documents into the The Administration regularly ignores re- have an affirmative statement of support RECORD. They are an exchange of cor- quests from members of Congress for infor- from at least one full committee with juris- respondence with the Comptroller Gen- mation, resists GAO efforts to obtain diction over any records access matter prior eral on this issue and a fact sheet on records, and has even issued a directive cur- to any future court action by GAO. Further- the Walker versus Cheney case that my tailing public access to information under more, now that I have been in office for over the Freedom of Information Act. This pench- staff has provided. four years, I believe it is appropriate to work ant for secrecy makes GAO’s independence of with you and other Congressional leaders to CONGRESS OF THE UNITED STATES, paramount importance. HOUSE OF REPRESENTATIVES, COM- review and update our current Congressional Given the current political alignment in protocols and address certain other related MITTEE ON GOVERNMENT REFORM, Washington, it is clear what the easy deci- Washington, DC, January 31, 2003. matters. sion would be: don’t appeal. But the core val- We appreciate your past understanding and Hon. DAVID M. WALKER, ues of GAO are ‘‘accountability, integrity, support and we trust that we can count on Comptroller General, General Accounting Of- and reliability.’’ I urge you to make your fice, Washington, DC. that same understanding and support in the final decision on the basis of these core prin- future. I would be pleased to meet with you DEAR DAVE: I am writing to follow up on ciples. to discuss my decision should you so desire. our conversation about the Walker versus Sincerely, Cheney litigation. In addition, I look forward to meeting with HENRY A. WAXMAN, you soon to discuss our Congressional proto- I have great admiration for the work you Ranking Minority Member. have done as Comptroller General. You have cols and related matters. Sincerely yours, reinvigorated the organization and given it a U.S. GENERAL ACCOUNTING OFFICE, DAVID M. WALKER, new sense of purpose, accomplished impor- Washington, DC, February 7, 2003. tant restructuring, and addressed pressing Comptroller General of the United States. Hon. HENRY B. WAXMAN, Attachment. human capital needs. Ranking Minority Member, Committee on Gov- FACT SHEET—WALKER V. CHENEY But now you face another—and in some ernment Reform, House of Representatives. ways even more significant—challenge: how DEAR MR. WAXMAN: Thank you for your In December 2002, federal district court you respond to the district court decision in letter dated January 31, 2003, regarding the Judge John Bates issued a ruling in Walker Walker versus Cheney. This decision goes to district court decision in Walker v. Cheney verses Cheney that holds that GAO lacks the very heart of GAO’s independence. and your kind words on GAO’s performance ‘‘standing’’ to enforce its statutory rights to As you have indicated to me (and your law- during my tenure as Comptroller General of information. This ruling may do serious yers have indicated to my staff), you will the United States (CG). damage to GAO’s ability to serve Congress. read the decision as narrowly as possible if I am announcing my decision today and The court’s ruling is so sweeping that the you decide not to appeal. The narrow reading have attached a copy of our press statement issue in the case is no longer about the ac- is that the case does not apply when you are for your information (attachment). This de- tions of the Cheney energy task force: it’s acting pursuant to a request from a com- cision, like my initial decision to file suit about the role of GAO. mittee. If you decide not to appeal, you will last February, was by no means an easy one GAO’s ability to assist Congress in over- take the position that GAO can still use the to make because many factors needed to be seeing the executive branch is imperiled. courts to uphold its statutory rights to in- considered, including legal, institutional and Under the logic employed in the court’s rul- formation when supported by a committee of other issues. In addition, there were good ar- ing. GAO has no standing to compel the ex- Congress. guments to be made both for and against an ecutive branch to provide any documents or While I understand the desire to minimize appeal. Please be assured that my decision information. Thus, federal agencies may use the impact of the district court decision, al- was based on what, in my best judgment, is the decision to argue that GAO cannot en- lowing the decision to stand would do irrep- in the best overall interests of the Congress, force its requests for information. In effect, arable damage to GAO’s independence. As the GAO, and the American public. I also feel agencies are likely to take the position that Comptroller General, you have a 15-year ten- comfortable that it is fully consistent with they—not GAO—can dictate what informa- ure, so that you can exercise independent GAO’s core values of ‘‘accountability, integ- tion is shared with GAO. According to the judgment and conduct independent inves- rity, and reliability.’’ Congressional Research Service, the decision tigations. You are not simply an agent of As noted in the attached statement, we ‘‘could greatly limit the ability of GAO to congressional committees: GAO exists, to strongly disagree with the district court de- compel production of information from the quote your mission statement, ‘‘to ensure cision. We do not, however, agree with your executive branch’’ and ‘‘the executive branch the executive branch’s accountability to the characterization of the opinion. In addition, could become significantly less responsive to Congress under the Constitution and the fed- we do not believe that the district court future GAO inquiries.’’ eral government’s accountability to the opinion will have a significant adverse effect Other core GAO powers are also in jeop- American people.’’ on our ability to serve the Congress and the ardy. GAO has statutory authority to de- If you do not appeal, you will in effect have American people. Furthermore, with regard mand important records from the private sacrificed the independent that is essential to GAO’s policy of not disenfranchising the sector, such as information from Medicare or

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.073 H12PT1 H434 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Medicaid providers or from federal contrac- obtain information, necessary to carry out every 17 American workers was out of tors. Using the logic in the court’s ruling, their assigned duties. There is no precedent work. private companies being audited by GAO for the district court to prohibit Congress One of the most troubling aspects of may argue that GAO does not have standing from doing so in this case. to enforce these rights. 3. The court ignored key precedents. The this rescission is the amount of time Another important function of GAO is its district court completely ignore Bowsher that workers have been idle. During role in preventing improper ‘‘impound- versus Merck, 460 U.S. 824 (1983). In this case, the Clinton economic expansion of the ments’’ by the executive branch. The Im- the Supreme Court upheld GAO’s rights to 1990s, America dramatically reduced poundment Control Act sets forth the lim- obtain certain records from a drug company, long-term unemployment, those work- ited circumstances under which the execu- rejecting the company’s request for a declar- ers who had been out of work 27 weeks tive branch can defer expending appropriated atory judgment that GAO was not entitled to funds. To ensure compliance with these lim- the records. The district court’s holding that or more. From February of 1993 until its, the law authorizes GAO to sue the execu- enforcing GAO’s rights to information would February of 2001, roughly the amount tive branch if the law is violated. This core violate the standing requirements of Article of time Bill Clinton was in office, long- GAO authority could also be challenged by III conflicts fundamentally with the Su- term unemployment fell by two-thirds. the executive branch under the court’s rul- preme Court’s decision to enforce these very That is 1.2 million long-term unem- ing. rights in Bowsher versus Merck. The district ployed Americans who went back to The court’s decision even challenges Con- court also ignores United States versus work. gress’ ability to sue the executive branch. McDonnell Douglas Corp., 751 F.2d 220 (8th But in less than 2 years of this ad- The opinion says that ‘‘no court has ever or- Cir, 1984), and United States versus Abbott dered the Executive Branch to produce a doc- Laboratories, 597 F.2d 672 (7th Cir. 1979), ministration, there is a recession and ument to Congress or its agents’’ and dis- which upheld GAO’s statutory right to bring the administration has managed to misses Department of Justice opinions which a lawsuit to compel a contractor to provide completely erase those gains. By this conceded Congress’ ability to sue to enforce records. past December, the administration’s a subpoena. According to CRS, the decision 4. Raines v. Byrd is distinguishable. The economic mismanagement has man- ‘‘casts doubt on the ability of committees of district court relies on Raines versus Byrd, aged to push long-term unemployment the Senate and of the House of Representa- 521 U.S. 811 (1997), a case in which several back up to where it was when his fa- tives to bring suit to enforce subpoenas.’’ If members sued to challenge the constitu- the decision is not reversed, CRS says that it tionality of the line-item veto. But there are ther was in office. ‘‘conceivably could be cited by the executive three fundamental differences between the I remember feeling a certain amount branch—or even a private party—for the Raines case and this one. First, GAO is seek- of deja vu after having another Presi- broad proposition that the legislative branch ing access to information and not trying to dent Bush in office. But I do not think does not have standing to enforce its de- prevent an abstract, generalized harm like that many people realized that this ad- mands for information in the courts.’’ diminution of congressional authority. The ministration would mismanage the No congressional remedy is available. In Supreme Court has held that the denial of economy so badly that we would return effect, the court ruled that Congress violated information is a concrete injury that con- Article III of the Constitution when it au- veys standing. Second, the line-item veto at to economic stagnation reminiscent of thorized GAO to sue for access to informa- issue in the Raines case had not yet been ex- the early 1990s. tion. This is not an issue that Congress can ercised. In essence, the congressional plain- But these broader economic statis- rectify by enacting more explicit legislation. tiffs were seeking an advance ruling that any tics only tell half the story. During the If the opinion stands, a constitutional exercise of the authority would be unlawful. Clinton expansion of the 1990s, minor- amendment could be required to revive In this case, there is a specific dispute over ity communities made enormous GAO’s powers. specific documents that is being litigated. There is a significant likelihood that the strides in breaking out of poverty, as Third, the Raines decision placed some im- more African Americans, Asian Ameri- district court’s decision will be overturned portance on the fact that the members were on appeal. The court’s opinion is not well not authorized to represent Congress, and in cans, and Latinos found good jobs in reasoned or well supported: fact both houses of Congress opposed their the prosperous economy. 1. The court failed to recognize that heads lawsuit. Here, by contrast, Congress has spe- Since the beginning of this recession, of executive agencies routinely assert ‘‘insti- cifically delegated to GAO the power to sue. however, these numbers have turned tutional’’ injuries in litigation. The court re- As a practical matter, GAO may be bound jects the Comptroller General’s standing be- around sharply. More than one in 10 Af- by the ruling if it does not appeal. Under rican American workers are now out of cause the Comptroller General is asserting GAO’s statute, the D.C. district court is the an ‘‘institutional’’ interest in obtaining in- only court where GAO can litigate claims a job. American workers of minority formation, not a personal injury. But heads against agencies for refusing to provide in- heritage have historically worked at of agencies always assert ‘‘institutional’’ in- formation, so this is not a situation in which the edges of the economy. Because of terests in litigation. If standing required a GAO can gain a strategic advantage by look- the jobs they possess, too many of ‘‘personal’’ stake in the litigation, the Attor- ing for another venue to litigate the issues these workers are forced to bear the ney General and heads of other executive in question. If the decision is not appealed full brunt of swings in the labor mar- agencies could not bring legal action to as- and GAO files another access suit in the fu- sert federal rights. The court never explains ket. ture, the district court judge might rule that We need to get America back to why GAO’s institutional interests asserted the issue of GAO’s standing has been decided by agencies when they bring lawsuits to en- and cannot be re-litigated. Even if the judge work. We have to help this President force their statutory rights to information. allows the question of standing to be re-ar- realize that his fiscal and economic 2. The court improperly dictates to Con- gued, the judge is likely to follow the prece- policies have not helped America out of gress how it must collect information needed dent set by Judge Bates’s ruling, and any ap- the recession, and it is possible that it for legislative purposes. The court’s decision pellate court would question why GAO did has been prolonged. relies heavily on the fact that Congress did not appeal the initial ruling. If no appeal is not vote to authorize the Walker v. Cheney The budget that this President has taken, GAO could be permanently bound by submitted to Congress is a sweetheart litigation. The court does not hold that such the decision. a vote would be sufficient to gave GAO An appeal leaves open other grounds for deal for the President’s wealthiest sup- standing, but it does hold that GAO cannot decision. The government offered many ar- porters. Meanwhile, budgets at all lev- have standing without such a vote. This is an guments in the litigation, including statu- els of government, Federal, State and unprecedented intrusion into the internal tory claims such as the one that GAO’s au- local, are swimming in red ink. The operations of the legislative branch. Con- thority to obtain ‘‘agency’’ records does not President’s budget, in effect, hides a $1 gress determined by statute that it was ap- extend to the Office of the Vice President. propriate to create GAO to assist members trillion tax increase. His budget bor- These other issues go the merits of the dis- rows against the future, leaving us in collecting information and conducting pute about GAO’s right to the energy task oversight, just as Congress has created CBO force records. A decision on these other with a $1 trillion bill that Americans to assist members on budget issues and CRS grounds, even if adverse to GAO, would not will have to pay over the next decade to assist members with their research needs. have the profound impact on the operations in higher taxes, higher interest rates, Congress also determined by statute that of GAO that the district court’s ruling po- and lower growth. GAO should have the power to sue agencies tentially has. We will only get out of this recession for information, if necessary. No provision of Ms. WATSON. Mr. Speaker, the when average Americans get money the Constitution forbids Congress from cre- ating congressional agencies to assist mem- American economy has been mired in back into their pockets. I urge the bers in carrying out their duties, and no pro- recession since March of 2001. This past President to rethink his failed eco- vision bars Congress from giving these agen- December saw the unemployment rate nomic policies and get America back to cies authorities, such as the ability to sue to rise to 6 percent, meaning that one in work.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.042 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H435 NATIONAL DRUG CONTROL STRAT- Mr. KINGSTON. Mr. Speaker, I cer- court. I think it is unfortunate for the EGY—MESSAGE FROM THE tainly appreciate the opportunity to diversity of the court and for racial re- PRESIDENT OF THE UNITED address the House tonight. I wanted to lations in general; but, more impor- STATES start off by commenting on some of the tantly, somehow that they seem to be The SPEAKER pro tempore laid be- comments that were made by our col- attacking the American dream. fore the House the following message leagues on the Democrat side of the Here is a young guy that comes to from the President of the United House; but before I do that, I wanted to America when he is 17 years old. He is States; which was read and, together comment about the message that we an immigrant from Honduras. By the time he is 41, he is nominated with the accompanying papers, without just received from the President of the to be the first Hispanic to sit on the objection, referred to the Committee United States. D.C. court. He graduated Phi Beta on the Judiciary, Committee on Agri- Mr. Speaker, as you know, the Presi- Kappa from Columbia College and culture, Committee on Armed Services, dent has listed as one of his priority magna cum laude from Harvard Law. Committee on Financial Services, items this year to have a compas- By the age of 40 he had argued 15 cases Committee on Energy and Commerce, sionate, conservative model to end before the Supreme Court and was Committee on Education and the drug addiction. His idea is let us reach rated ‘‘well-qualified’’ by the American Workforce, Committee on Government out to people who are unfortunately Bar Association. Reform, the Committee on Inter- trapped by drug addiction and let us He has worked at the Department of national Relations, Committee on work it through local agencies and Justice for both Republicans and Transportation and Infrastructure, local volunteers and local charitable groups, get people off drugs and stop Democrats, and he has been called an Committee on Ways and Means, Com- ‘‘extraordinary legal talent’’ and mittee on Veterans’ Affairs, the Per- addiction so they can go on to have productive lives. ‘‘genuinely compassionate’’ by the manent Select Committee on Intel- Clinton Solicitor General. But he is ligence, and the Select Committee on I think it is just an example of the compassionate conservative side of held up over in the Senate. Homeland Security: I am joined tonight by some col- George Bush, attacking drug abuse on To the Congress of the United States: leagues from the great State of Flor- one side, but doing it with a human I am pleased to transmit the 2003 Na- ida, just south of the State of Georgia, face and a gentle hand guiding people tional Drug Control Strategy, con- the gentlewoman from Florida (Ms. to get off drugs. I think it is a good sistent with the Office of National HARRIS), the gentleman from Florida program, and I look forward to work- Drug Control Policy Reauthorization (Mr. MARIO DIAZ-BALART) and the gen- ing with it and seeing more of the pro- Act of 1998 (21 U.S.C. 1705). tleman from Florida (Mr. FEENEY) who posal. A critical component of our Strategy is here somewhere, who is the former Mr. Speaker, I also wanted to com- is to teach young people how to avoid speaker of the Florida House. ment, we heard many Democrats to- illegal drugs because of the damage I would be honored to yield to who- night talking about the deficits. I want drugs can do to their health and future. ever is ready, the gentleman from Flor- the Democrats, the Blue Dog Demo- Our children must learn early that ida (Mr. Diaz-Balart) and then the gen- crats who are the more moderate they have a lifelong responsibility to tlewoman from Florida (Ms. HARRIS). I Democrats in this body, I want them to reject illegal drug use and to stay want to hear your comments on this know that I would like to work with sober. Our young people who avoid important nomination. drugs will grow up best able to partici- them on reducing the deficit. Mr. MARIO DIAZ-BALART of Flor- pate in the promise of America. I was disappointed last year when the ida. Mr. Speaker, I want to thank the Yet far too many Americans already Democrats did not offer a budget. I distinguished gentleman from Georgia use illegal drugs, and most of those think that kind of hurt them, hurt for yielding. whose drug use has progressed—more their own credibility of leadership, Would it be all right if before I get than five million Americans—do not frankly, because I think that when you into the specifics, I tell you a little bit even realize they need help. While come to Congress, you have to vote about what it feels like to be a fresh- those who suffer from addiction must yes, you have to vote no, but you have man, what I have learned? I have expe- help themselves, family, friends, and to participate and you have got to get rienced some very interesting things people with drug experience must do involved in the process. I do not believe while I have been here in Washington. their part to help to heal and to make it is right just to be present. You have Mr. KINGSTON. Mr. Speaker, I am whole men and women who have been got to engage. going to reclaim the time to say this to broken by addiction. So I hope this year that the Blue Dog the gentleman from Florida. I am We know the drug trade is a business. Caucus will offer a deficit-free budget. going to be honored to hear what it is Drug traffickers are in that business to I know it is very difficult, because we like from both of you as a freshman, make money, and this Strategy out- are in a time of war; and I think in a but I want to underscore for the folks lines how we intend to deny them rev- time of war that deficits, unfortu- back home that you are experienced enue. In short, we intend to make the nately, are to be expected. That is why legislators. The Secretary of State has drug trade unprofitable wherever we what we are trying to do with the Re- been in the limelight many times be- can. publican budget is make sure that it fore, and the gentleman’s brother is Our Strategy is performance-based, puts us on the glidepath back into get- the gentleman from Florida (Mr. LIN- and its success will be measured by its ting out of the red and into the black. COLN DIAZ-BALART), who is also a Mem- results. Those results are our moral ob- So I am excited to work on a bipar- ber of Congress, and who reminded us ligation to our children. I ask for your tisan basis with the Democrats on this, last night that the gentleman’s family continued support in this critical en- if they can come up with ideas. That is came to America as immigrants when deavor. what we are here for. Put your ideas on he was the age of 4. GEORGE W. BUSH. the table, and let us do what is best for Mr. MARIO DIAZ-BALART of Flor- THE WHITE HOUSE. the American people. It does not mat- ida. I thank the gentleman. The gen- f ter which party gets credit for it. tleman is right, I have been in the Now, having said that, that I want to State legislature for a number of years, WHITE HOUSE DRUG POLICY, THE work with the Democrats on that, I DEFICIT, AND SUPPORTING THE and the private sector; and I have to also want to work with the Democrats admit I have been kind of caught off NOMINATION OF MIGUEL on something else that is not really be- ESTRADA guard by some things in the few weeks fore the House per se, but it is before I have been up here in D.C. The SPEAKER pro tempore. Under the American people, and that is the the Speaker’s announced policy of Jan- nomination of a young potential judge b 1900 uary 7, 2003, the gentleman from Geor- named Miguel Estrada. Some things that kind of hit me kind gia (Mr. KINGSTON) is recognized for 60 Mr. Speaker, it is unfortunate that of in a strange way, I have to admit, minutes as the designee of the major- the Democrats are rejecting the nomi- maybe it is just because of the Wash- ity leader. nation of the first Hispanic on the D.C. ington phenomenon, is how I hear

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.074 H12PT1 H436 CONGRESSIONAL RECORD — HOUSE February 12, 2003 things thrown out there that are not he was a naturalized American citizen. Born and raised in Honduras, Miguel based on facts. The gentleman just He came here when he was 17 years old. Estrada arrived in the United States at mentioned some of the qualifications He was not born an American here like age 17 as an immigrant who knew little of Miguel Estrada. I do not know of a I was; he was naturalized. He did not English, but who understood the es- more qualified individual. speak much English until after he got sence of America. Five years later, as a The man, as the gentleman well said, here at the age of 17. result of his unparalleled drive, perse- got here when he was 17 years old, And then there are others, by the verance and vision, he earned a Bach- worked and studied; he was not a rich way, some of them like me born here; elor’s Degree magna cum laude and Phi man, barely spoke the language, some of them, by the way, who do not Beta Kappa from Columbia College in worked and studied and was able to speak Spanish fluently who then claim New York City. educate himself, was able to graduate that Mr. Estrada is not Hispanic Within the following 5 years, he had from Columbia University with honors, enough. graduated magna cum laude again from Harvard Law School with honors, I consider myself, and I am very Harvard Law School, where he had worked in the Clinton administration. proud of my heritage, but I think it served as editor of the Harvard Law The people that he worked with have would be ludicrous if I, who was born in Review and had become a clerk for the said publicly, in writing, that he is a the United States, who obviously was Supreme Court of the United States. decent individual, that he is a hard- born, thank God, was born in the He became an eminent practicing at- working individual, that he is a tal- United States, thank God was born an torney who had argued 15 cases before ented individual, and yet I say to the American, was born into freedom, was the Supreme Court of the United gentleman from Georgia, then I hear born in the land of opportunity, I think States before he was age 40. some strange accusations coming out it would be ludicrous and frankly He served both in the Republican and there which, frankly, I am not used to. maybe a bit offensive if I were to say to Democratic Justice Departments, dem- Because where we served, and coinci- the gentleman from Georgia, to some- onstrating a matchless strength of dentally, the three others of us who body that the gentleman and I know character and an incomparable depth happen to be here right now, as the who was not born in the United States, of professional integrity. Ron Kind, gentleman from Georgia mentioned, who got here when he was 17, who is a who served as chief of staff to Vice are from Florida and the three of us Hispanic, whose mother, by the way, President Gore and the Solicitor Gen- served in the Florida legislature to- got here carrying a 3-year-old child eral for President Clinton, described gether, and it was a wonderful experi- when she came to this country, I think Miguel Estrada as ‘‘An extraordinary ence. And we have heated debates it would be frankly offensive. legal talent and genuinely compas- there, but we are used to at least bas- I think, sir, that the gentleman sionate.’’ ing those debates on facts. Yet, let us would be offended if I said that about On May 9, 2001, President Bush nomi- kind of analyze some of these ‘‘accusa- somebody, that that person is not His- nated Miguel Estrada to serve in the tions du jour’’ that we have heard panic enough. Who am I to say that a United States Court of Appeals for the District of Columbia circuit. He would about Mr. Miguel Estrada. man who got here when he was 17 years We have heard from others in this become the first Hispanic in history to old, barely speaking English, from process, some members of the minority serve on that court, which is widely Honduras is not Hispanic enough. That party, that one of the reasons that Mr. recognized as the second highest court is irresponsible. That is offensive to Miguel Estrada should not be a judge, in the land. The American Bar Associa- me, sir. because he is not qualified to be a tion unanimously awarded its highest But it is just not only that. Here is a judge, is because he is a Hispanic indi- rating to Miguel Estrada, deeming him person who got here at 17, has lived his vidual who got here, as I repeat, when well qualified to serve in this capacity. part of the American dream, and I do he was 17 years old and has lived, real- Mr. Speaker, the Senate has not not think anybody can argue that he ly lived, his part of the American acted on this outstanding opportunity has been a successful lawyer, who dream through hard work, sacrifice, Mr. Estrada’s nomination presents to again worked even in the Clinton ad- dedication. He was not given anything. our Nation. As a judge on the U.S. Dis- ministration, and the people that He earned it. He earned it. Yet, there trict Court for the D.C. circuit, his worked with him, his bosses, his co- are some who have said, well, Mr. story would inspire Americans of all workers have said in writing that he is Estrada is not Hispanic enough. He is backgrounds, while his legal acumen only Hispanic in name. extremely qualified and he is fair. would provide our system of justice Mr. KINGSTON. Mr. Speaker, if the But then some of these other people with an eminently talented defender gentleman will yield, I am from Geor- that are accusing Mr. Estrada with and advocate. gia, I am not Hispanic, the gentleman some ridiculous, baseless accusations Mr. KINGSTON. Mr. Speaker, I yield from Florida is Hispanic. What does like the one that I just mentioned. To to the gentleman from Florida (Mr. not being Hispanic enough mean? Does me, that one is more than ridiculous; it FEENEY). that mean that one’s mama was not is offensive. It is offensive, by the way, Mr. FEENEY. Mr. Speaker, I want to and one’s dad was? The Democrat to all of us of Hispanic heritage, but it congratulate the gentleman from Geor- thinking, how could one not be His- is offensive and should be offensive to gia for joining the Florida delegation panic enough? I mean one is either His- everybody who believes in equality and this evening, and I want to thank him panic or not. the American dream, and that anybody for his wonderful dialogue last night I do not know. I hope the gentleman here, anybody here who works and sac- with my colleague from Florida. I am will tell me, because I would certainly rifices and loves this country can be an glad to be here with two great friends appreciate him clarifying this, because American, and we should not be judg- and colleagues from the Sunshine I am a Republican, and Democrats ing them if they are too Hispanic or State. probably can understand this better not Hispanic enough. I want to tell my colleagues that one than me, but maybe the gentleman has Again, I think that is offensive. of the reasons that my colleague here some insight for all of us. Mr. KINGSTON. If the gentleman tonight from south Florida is so pas- Mr. MARIO DIAZ-BALART of Flor- will yield, as I understand it, that sionate about this issue is that his ida. Mr. Speaker, I can understand the seems to be his biggest crime, because family shares something that appar- reason for that very interesting ques- he is well qualified. But there seems to ently Mr. Estrada is now going tion. be this racial litmus test that the through, and that is suffering because By the way, let me tell the gen- Democrats are putting on him. of their political philosophy. This is tleman a little bit about myself. I was I wanted to invite the gentlewoman not just persecution of a man by deny- born in southern Florida of Cuban par- from Florida (Ms. HARRIS) or the gen- ing him access to the door of the Fed- ents, so I am Hispanic. I am American, tleman from Florida (Mr. FEENEY) to eral bench because of his ethnic back- obviously, 100 percent American, of jump in. The floor is open. ground or because he has assimilated Hispanic descent. Ms. HARRIS. Mr. Speaker, I rise into the American dream too quickly. Mr. Estrada was born in Honduras, today to salute the embodiment of an But there also is a component here, Central America, came over here, and American dream. as we know, that has a philosophical

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.076 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H437 component. There is a litmus test not one of the things we discussed is that I My distinguished colleague from just on how Hispanic one is that is was blessed as a child growing up in Florida mentioned, I think, some of the being set up by the critics of Miguel Athens, Georgia. There were a lot of reasons why he is being treated dif- Estrada, this incredible leader and a Cuban families who had to leave Cuba ferently, but I must add a couple facts great American, but there is an also a because of Castro, and they came to to this conversation that we are having litmus test that is based on a certain Athens, Georgia, among other places, today. I have mentioned in the begin- philosophy that they are terrified will but a lot to Athens. Many could not ning how that is something that I have be lived from the bench, and that is speak English, and they were very not seen a lot coming from the other that there are some that would like to similar to families all over Georgia and side. see the bench turned into a completely Florida. Their parents, regardless of I have heard stories. I have heard ac- activist judiciary, full of biases where what their jobs were in Cuba, they ba- cusations, but no facts because one of unelected judges would become a super sically lost often their professional li- the accusations that I keep hearing is legislature. They would rewrite the censes. A doctor or a lawyer, they had that, well, Miguel Estrada cannot be a Constitution. They would ignore the to step down a notch or two. But their judge in this court because he has not laws passed by Congress or ignore kids assimilated quickly. been a judge in a different court and, those that they did not like. Those kids never forgot what free- therefore, he is not qualified. But I did For example, if we look at the First dom was and what it was like to lose a little bit of research, and I found that Amendment alone, there is an estab- it, those families. If anything, I found, five of the eight judges on that same lishment clause that basically is very particularly among, I would say, those court where the President has nomi- clear. It says that ‘‘Congress shall types of immigrants, more patriotism nated Miguel Estrada were not judges make no law respecting an establish- than they afford Americans. They were before. They had no previous judicial ment of religion or prohibiting the free all Americans, but still they did not experience, with all due respect. If that exercise thereof.’’ Because of that, we forget that lesson of having freedom is what makes you qualified, where was have liberal activists saying that pulled out from under them. the outrage for the other five judges, or So, in my opinion, you have some- judges should impose, because they is it only if you are Hispanic do you body who lives in America by choice, know full well elected members in our have to have previous experience as a like Miguel Estrada; he came here great democracy that would never im- judge? And if you are, you cannot serve when he was 17, he could have left pose a provision that would say you on that court and there is no outrage. when he was 21. He could have told his cannot recite the Pledge of Allegiance, Furthermore, I did a little bit more words like ‘‘one Nation under God.’’ parents, I am not staying here in America. But he left Honduras, he research, and I found that two current This is a liberal activist judiciary. And Justices of the Supreme Court were not the real goal here, if I can tell my col- came here. I never met the man, but I would be judges before either, wonderful mem- leagues and the Speaker, is that we willing to bet that he is probably one bers that we respects and admire: want to have a litmus test, according of the most patriotic, God-fearing, pro- former Justice Byron White, a re- to the critics of Miguel Estrada, so American citizens that we have out spected member of that illustrious that unless you are prepared to sub- there today. That has been my experi- body; and the other one by the way is stitute your political bias and your ence with so many of the wonderful im- the current Chief Justice of the Su- judgment for that of the elected rep- migrants who have made this country preme Court of the United States. So if resentatives of the people, then they do what it is today. the requirement, if what makes you ac- not want you on the bench. I wanted to hear what the gentleman ceptable to be a judge and that you are And I will hopefully engage in a dia- has to say, because it is just amazing not acceptable, I should say, if you do logue with the gentleman from Georgia that the gentleman’s family, two sons not have previous experience, where and with my colleagues from Florida so who grow up to be United States Con- was the outrage from these individuals that we can talk about some of the gressmen, the gentleman was telling who say that Miguel Estrada is not real, underlying reasons why this is me earlier, one is an investment bank- qualified because he did not serve as a going to become such a huge battle er, probably making more money than judge before when the other five in here in the Capitol. the ones in Congress, and then the that same court were nominated and I will finish with this, if I may, and other one is a newscaster, probably re- approved and when those Supreme that is that lot of us do not want; we porting to the world what the two in Court Justices were nominated and joined a great justice, Antonin Scalia Congress are doing wrong, so you are also approved? who, in his wonderful book, ‘‘A Matter covered either way. But that is a won- See, there is a double standard. And of Interpretation,’’ says, you should derful American success story and I do not know if the double standard is not have a judge who is going to have American dream, just like Miguel because of his idealogy. I can state a conservative interpretation of the Estrada. that his nomination has been sitting Constitution or a liberal interpretation Mr. Speaker, I think the Democrats there for about 600-plus days. The dis- or a strict interpretation or a loose in- are not just attacking Hispanics with tinguished members of the other party terpretation, but a textural interpreta- this, they are attacking the American had ample opportunity to sit down tion. dream. with him to discuss these issues be- In other words, we want judges that cause now they are saying, we should will apply the rule of law, that will b 1915 have more hearings. Why is it now? read the statutes that we as an elected Mr. MARIO DIAZ-BALART of Flor- They were in control of the Senate body pass, that will look at the text of ida. Mr. Speaker, I want to thank the until just a couple months ago. Why the United States Constitution, that honorable gentleman from Georgia did they not have hearings before if will, in their fairness and wisdom and (Mr. KINGSTON) for those words. they wanted some questions answered? incredible credentials like Miguel I have had the opportunity to speak Oh, no, they did not want hearings Estrada has, will be able to protect the to Miguel Estrada, and what you say is then because they were just trying to wonderful Constitution that we have. just so on target. He is a patriot. He is torpedo the nomination of this indi- Unfortunately, there are some critics 100 percent American. He is one who vidual. He is a fine American and a fine of Miguel Estrada that do not want an came here by choice, who did not ask human being. independent judiciary; they want a lit- for anything other than an opportunity mus test by philosophy of judicial lib- to live in freedom. And he worked hard ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE eral activism, and I find that offensive and he studied hard and he has become The SPEAKER pro tempore (Mr. as well. one of the most prestigious attorneys PEARCE). The Chair must remind Mem- Mr. KINGSTON. Mr. Speaker, I want- in the country. bers that remarks in debate may not ed to get back to the gentleman from And a little while ago you were also include characterizations of the Senate Florida (Mr. MARIO DIAZ-BALART), be- saying how strange is the distin- or its actions. cause I wanted to say I was talking to guishing factor that Miguel Estrada Mr. KINGSTON. As tempting as it the gentleman’s brother last night, and has that he is treated differently for. might be.

VerDate Jan 31 2003 04:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.078 H12PT1 H438 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Mr. MARIO DIAZ-BALART of Flor- gentleman who has done nothing but Mr. KINGSTON. Mr. Speaker, how ida. I am a freshman. I apologize for work hard, study hard, work hard, live much time do we have remaining? that. the American Dream, has given of him- The SPEAKER pro tempore. The gen- Mr. KINGSTON. Mr. Speaker, I want- self because he has worked with two tleman has 35 minutes. ed to underscore what the gentleman is different Presidential administration, Mr. MARIO DIAZ-BALART of Flor- saying that Mr. Estrada is on 632 days for false accusations, for baseless accu- ida. The honorable gentleman from awaiting action by the other body, and sations, for double standards to be used Georgia, if I may, I want to make sure yet it is not happening. against him, so that he does not be- everybody understands something very Now a similar nominee about 3 years come the first Hispanic on that court, important, as I think most people ago, and I mean exactly similar, a man it is frankly very sad. know. With a name like Diaz-Balart, named Merrick Garland, who was also Mr. KINGSTON. It is an outrage. yes, I am of Hispanic heritage. It is Phi Beta Kappa, also editor of the Har- Mr. FEENEY. It is not just the fact something I am very proud of. And vard Law Review, also graduated from that Miguel Estrada, if the critics have with a name like that, I cannot hide Harvard Law School magna cum laude, their way, will be denied the oppor- nor do I want to. But I am not here to was a clerk of the U.S. Court of Ap- tunity to be the first Hispanic ever to support Miguel Estrada because he is a peals, a law clerk of the U.S. Supreme serve on that great court but it is the Hispanic. Absolutely not. I think it Court, everything except this guy was way it is happening. would be a sad day if we were here 44. Mr. Estrada is 41. Everything else is There have been several committee pushing for people based on their race similar, and it took him 100 days to get hearings. Normally judges at this level or their religion or their ethnicity. receive at most one or two committee through. And Mr. Estrada comes along, I am here to support Miguel Estrada hearings. They have had many more seems like the only difference is he is because of his qualifications, because than that. But with respect to the Hispanic, 632 days. he is highly qualified. The honorable Mr. MARIO DIAZ-BALART of Flor- problem and the issues they have had, gentleman from Florida just men- ida. Again, it begs a difference. You they have been unable to identify any tioned that the bar association, what have these incredible double standards. sin that this man is guilty of, either they said and how they qualified him philosophically, with respect to his in- You have the double standards of as the highest qualifications that a tegrity, his background, his impeccable judges that did not have previous judi- lawyer can have, unanimously again, qualifications. And so what they have cial experience, were nominated and that is why he should be a judge. Be- engaged in, the critics of this great approved for the same court that Mr. cause he has worked in the Solicitor man, is a whispering campaign. And Estrada was nominated before. They General’s office and he has been in they are trying, not to vote down the were not judges before, and yet now front of the Supreme Court of the nominee, what they are suggesting, United States 15 times, I believe, has there are some people saying that that these critics, is that we will not have a been fighting in cases in front of the is what disqualifies Mr. Estrada. vote at all. And after all, if the real You have certain people saying that Supreme Court in front of the United reason you are sabotaging the oppor- Mr. Estrada, who, I repeat, was born in States, something that many lawyers tunity for Miguel Estrada to go to the Honduras who came here at age 17, do not do once in a lifetime. He has bench is not something you will admit barely speaking English, worked hard, done it, I believe, approximately 15 in public, then do not have a vote. If it studied hard, became a model Amer- times. Because his academic creden- is something that you are willing to tials are unbelievable, unbelievable, I ican and a wonderful attorney, even stand up with honor and respect in de- know that a lot of the critics that he worked in the Clinton administration bate in a free forum in front of the en- has cannot compare his experience in and actually for more than one Presi- tire world, then go into debate and front of the Supreme Court, his aca- dent. And now they are saying that, have that vote. That is the democratic demic credentials with theirs, his suc- well, this individual is not Hispanic process. cess as a lawyer with theirs. enough. Why this double standard? But to use a procedural mechanism I am supporting Miguel Estrada be- You have some people that have said to deny the opportunity of a great man cause of his qualifications. But what I that, for example, that the ABA’s rat- to get a fair vote up or down, my great have to admit, sir, is hard for me to ing provided the gold standard, Amer- colleague from Florida suggested that swallow. Just like I am not supporting ican Bar Association’s rating provides, this incredible, a man has a 15-to-noth- him because he is a Hispanic, I am sup- they said, the gold standard for how a ing highly qualified vote from the porting him because he is so highly judge should be measured, whether one American Bar Association, but on top qualified as everybody has said, includ- is qualified or not. Well, now those of that the American Bar Association ing, by the way, people like Seth Wax- same people are saying that Mr. says this: ‘‘Vote them up or down. But man, the former Solicitor General to Estrada is not qualified even though do not hang them out to dry.’’ President Clinton who has said, ‘‘He Mr. Estrada got the highest possible The people that want to hang Miguel was a model of professionalism and rating from the ABA unanimously. So Estrada out to dry are afraid to explain competence.’’ Like Ronald Klain, the why the double standard? Why is this to the American people in a public vote former counselor to Vice President Al individual being treated differently why they oppose the nomination. Gore, a familiar face to the gentleman than others just like him with the Now, whether it is for, as some of us from Florida (Mr. FEENEY) and I in the same or less qualifications, with the suspect, that terror that a great His- State of Florida, as we well recall, not same or less merits? Why is he being panic leader that loves the Constitu- one who can be accused of being a right treated differently? tion and a textual defense of the Con- winger by any stretch of the imagina- The gentleman mentioned the case a stitution may not be the liberal activ- tion. He said, ‘‘Miguel will rule justly little while ago of a very similar case ist they want or whether it is some towards all.’’ where he went right through the proc- other political reason, that this would The former Assistant General for the ess. Nobody asked him any questions, be a great opportunity to show the Office of Legal Counsel for President and if you look at those questions that American people that folks from all Clinton, Mr. Randolph Moss said, ‘‘A were asked, they were pretty amazing different backgrounds, diversity, eth- very principled guy, very honest and they were asked. They were total nicity, religions and philosophies can ethical.’’ softballs. And yet Mr. Estrada, who no- be great jurists, I do not know exactly That is why I am here supporting body has been able to say anything what their real motives are and we will Miguel Estrada. That is why the Presi- negative about his record, about his in- never know until we have a fair vote dent of the United States nominated tegrity, about how he has lived his life, under the democratic process that all him for this important position. But I how he has really lived a piece of this of us can all judge up or down. have to tell you something. Just like American Dream. And for these accusa- ANNOUNCEMENT OF THE SPEAKER PRO TEMPORE he should not be supported, endorsed or tions that come out of left field, ridicu- The SPEAKER pro tempore. The get that position because he is His- lous, unfounded, kind of really almost Chair reminds Members to refrain from panic, he should not be denied that po- funny accusations to come out against remarks that characterize actions of sition simply because he is Hispanic. this fine human being, this wonderful the Senate. And that I think is highly offensive.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.081 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H439 Mr. KINGSTON. And that, I believe, written words in the statutes and the harming somebody somewhere some- that is why House Members are speak- Constitution and they should be free to how. ing out on something that really does essentially make it up as they go Mr. FEENEY. If my colleague will not come before the House. But we see along. yield on that point, I just said that the it as the Democrats are after this guy, Others of us believe deeply that judi- people that are criticizing Miguel apparently because he is Hispanic, ap- cial independence is critical, that we Estrada, when they do not even want parently because they do not like his not have an over-excessive interference to have a vote, they want to suggest we views as an American, apparently be- from one branch to the other. I do not ought to have these weird interpreta- cause he challenges their concept of believe the executive, for example, tions of the establishment clause, and the American Dream. ought to be able to fire justices when yet the very people that enacted this In the welfare state mentality you do they do not agree with them. The Con- Constitution, in my hometown where I not want people to climb the ladder. In stitution prohibits that. I do not be- was born, in Philadelphia, thanks to the welfare state, the big-government lieve that the Congress, if we were mad Ben Franklin, a great Philadelphian, approach is keep people down, keep at a particular judge or a bench, should who said this at the Constitutional them low. You do not want them be able to reduce their salaries to pun- Convention when he suggested that upwardly mobile, and then they will ish them, and our Constitution pro- they ought to begin every day, as they depend on the government. They will hibits that. put together the most wonderful docu- depend on our largesse. But that is the The Founding Fathers thought deep- ment that ever defined the relationship pattern he has broken. He has shown in ly about the judicial independence between free individuals and their gov- America that you can make it in from other branches, but they also be- ernment, here is what he said as they America. It is a great country. In lieved deeply that the judges should suggested that they start with prayer. America you can be proud and free and never be independent from the laws and He said, How can it be, basically re- independent. I think that challenges so the Constitution as written, and I want ferring to Matthew, that a sparrow many of the liberals in this town; and to quote Thomas Jefferson in a letter cannot fall to the earth without God’s they do not like him, particularly be- to Thomas Ritchie, ‘‘A judiciary inde- watchful eye, and yet we can create cause he is Hispanic. And I think that pendent of a king or executive alone is this document without his watchful as- is just a sad situation. a good thing, but independence of the sistance? I am paraphrasing Mr. Frank- Mr. FEENEY. I thank the gentleman will of the Nation is a solecism, at lin because, of course, we do not have from Georgia (Mr. KINGSTON). I think least in a republican government.’’ the specific records from that conven- that is especially true, that this man is The bottom line here is that I believe tion. that many of the opponents of Miguel a great role model. But the bottom line is that the peo- Estrada are terrified of this man be- As we have been discussing here to- ple who put our Constitution together cause he believes deeply that the night, Miguel Estrada was not born in do not want us here today, as they lie Founding Fathers wrote what they America, much like Secretary Mel above us in heaven for their great meant and meant what they wrote. Martinez of Housing and Urban Devel- deeds, they do not want us to allow the And I will share one more example of a opment who comes from my commu- legislative branch to hijack the judi- judiciary. I am still with the First nity. We are so proud of our home son cial branch and impose a litmus test Amendment. We will go through all of here in the Cabinet. that judges have to ignore, the written the amendments, if my colleagues like, 1930 words of either statutes or the Con- b in terms of judicial excessiveness and stitution. This is a wonderful man who was not lack of willingness to stick to the text, We are doing our constitutional duty born on American soil, but I can tell but I already started with one portion by speaking out, and I thank the gen- my colleagues Mel Martinez defines of the First Amendment, and I want to tleman for the opportunity to be here. what it is to be part of the American go to another, the freedom of speech spirit and to be a success story. Much clause. Mr. KINGSTON. Well, I thank the like Secretary Powell, who was not Liberal activists have argued, for ex- gentleman and Mr. DIAZ-BALART. born specifically on the continental ample, that freedom of speech protects Mr. MARIO DIAZ-BALART of Flor- mainland of the United States, but now Nazis that want to march through Sko- ida. Mr. Speaker, I do want to just is a model for all of us, not just in the kie, Illinois, a place that had many vic- leave one thought here tonight, which military, but his leadership inter- tims of the Holocaust reside there, and is a sad thought because the facts nationally. yet the freedom of speech provision speak for themselves. Now here is an opportunity for a prohibits and the First Amendment We are seeing what is going on with young Hispanic man at the age of 17 to prohibits school children from singing the nomination of Miguel Estrada and come live the American dream and be Silent Night as part of a Christmas the false accusations, baseless accusa- the first Hispanic on this very pres- choir play. I think that sort of over- tions, almost funny accusations, that tigious court, and some people are ter- reaching is the kind of liberal activism have been leveled against him. But rified that the bottle of success with- that the opponents of Miguel Estrada what is really sad to me is that while out handouts or welfare or any system are insisting on as their litmus test be- our friends, the partisans on the Demo- of, for example, racial quotas, this man fore they will support his or any other cratic side, claim to advocate for diver- can have a huge success and a wonder- nomination. sity, they fight to block the nomina- ful career because of his own merits Mr. KINGSTON. Well, I agree with tion of a well-qualified Hispanic. While and his deep belief in the United States the gentleman. The last thing we need our friends, our partisan Democrats, system and our government. is more whacked-out judges from Cali- take credit all the time for helping the One thing, if I may, I want to talk fornia, no offense to the good judges advancement of minorities to high po- about not just the litmus test that we there, but they seem to certainly have sitions in government, they block the mentioned earlier of whether Miguel their quota of people who say we can- first Hispanic, I repeat, the first His- Estrada is Hispanic enough, because we not pledge allegiance under God, and it panic on the Nation’s second highest do not understand what that means, is really not, let us keep public build- court. but I want to talk about the fact that ings religious-neutral. It is important to note, though, that the litmus test is based on a certain What they want is religious free a filibuster, a parliamentary process to nominee’s judicial philosophy. zones, and yet here we in Congress, this avoid the votes against Miguel Estrada I would suggest to my colleagues very day as we will tomorrow, as we is not only the rejection of a highly that everybody I know supports the no- did yesterday, we started out with a qualified Hispanic, it is a rejection of tion of judicial independence. The prayer. I am standing beneath the sign diversity. It is a very sad day, very sad problem is, some of the critics of that says In God We Trust. Our money day, for our country if this stands. I am Miguel Estrada support the notion of says, In God We Trust, and yet these optimistic that it will not. I am hope- judicial independence meaning the same judges would have all that purged ful that they will dig deep in their judges should be independent by the from the land because it is apparently souls and realize what they are doing.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.083 H12PT1 H440 CONGRESSIONAL RECORD — HOUSE February 12, 2003 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is, 9 million less people are on welfare. gifts for taxpayers, you have got to The SPEAKER pro tempore (Mr. It appears to be significant, the prin- promise us a couple of simple things. PEARCE). Members should avoid any ciples in our welfare reform package Number one, promise that you will improper references to Senate pro- which we will be voting on tomorrow, not get married to anybody who is ceedings. promoting work, improving child well- working because if you do, we will take Mr. KINGSTON. Mr. Speaker, let me being, promoting healthy marriages all of your health care for your chil- give this quote from a member of the and strengthening families, fostering dren away; we will take your AFDC other body. ‘‘The country is at Orange hope and opportunity. Those are the checks, your food stamps. All these Alert. People are stockpiling water and principles behind welfare reform which other benefits will disappear. duct tape.’’ we have stuck to, and I think it is very Number two, you have to promise us ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE important to keep these in mind. that you will not go to work yourself, The SPEAKER pro tempore. The gen- And, of course, none of this was easy. because if you go to work, we will take tleman must refrain from that The Democrat leader, the gentle- away your health care benefits for your quotation. woman from California (Ms. PELOSI), in children; we will take away your food Mr. KINGSTON. Mr. Speaker, I can 1995 said, I hope children throughout stamps, your AFDC checks, your hous- quote somebody without attributing it this country never have to feel the pain ing assistance. to it, I thought. Point of clarification, of this legislation. I hope it does not The third thing that this contract excuse me. pass, and indeed, she and so many oth- wants you to know is that if you have The SPEAKER pro tempore. The gen- ers of the liberal welfare supporting es- additional children while you are stuck tleman may not quote the Senator by tablishment, the status quo supporters, in the system, we will give you bo- name or otherwise. they fought against the legislation, nuses. Mr. KINGSTON. Thank you, Mr. and yet here is a real case. Poor people are not dumb, my col- Speaker, and I will stand admonished. Tanya, a single mother, went on pub- league knows that. They responded to Think about this. The country is at lic assistance when her twin girls were the incentives we set up. Orange Alert. People are very con- a year old, but since completing her So we took advantage of the opportu- cerned about what is going on in Wash- program with CalWORKS, which is a nities provided by the great leadership ington, D.C. In the district that I rep- job training program, she completed it here in the Capitol, allowing the resent, we have 18,000 soldiers who are last year, Tanya has been able to earn States, under the 10th amendment and already in Kuwait in the Middle East. enough money to purchase her own principles of Federalism, to try to We have thousands of wives and chil- home. Here is Tanya and here are her solve our welfare mess, and what we dren and family left behind. We have two girls. I wonder if that is who the have done is this. We have gone from an economy where the interest rates distinguished Democrat leader was re- 750,000 Floridians stuck on this hor- are not seeming to get the thing going. ferring to, because they do not look rible system of perverse incentives that We have got a budget that is going to like they are miserable or in pain or got them into a trap that they just be in deficit. unhappy. In fact, they are probably could not crawl out of, and we have We have got problems, and yet there very proud to have their own home. gotten them into free opportunities. are those in the other body that want I know the gentlemen, as members of Let me tell my colleagues who the to filibuster somebody who has grad- the Florida legislature, were involved beneficiaries are of this, if I may as I uated from Harvard magna cum laude, in this, and they saw many successes close, on how grateful I am that you who was rated by the American Bar As- from welfare reform on the State level. gave Florida the opportunity while I sociation as highly qualified, and that Mr. FEENEY. The gentleman from was there and while my colleague from is the priority during an Orange Alert, Georgia is so right. This is one of the south Florida was there. wartime, of a bad economy? greatest success stories of my legisla- Taxpayers are huge beneficiaries be- I agree with the gentleman from tive career. I am sure my colleague cause they do not have to support peo- Florida (Mr. MARIO DIAZ-BALART), it is from south Florida will tell the gen- ple that are out there successfully a sad day, but I am hoping that we can tleman the same thing. working in their environment. Fami- get this thing turned around, and I am Because of what the Congress did, we lies are beneficiaries because many hoping that people like the gentleman in the State of Florida were able to men actually are no longer the enemy speaking out is going to make a dif- enact reforms that actually took some of people that need help. We have de- ference. 780,000 Floridians off the welfare rolls, signed a system that can reunite the I wanted to, if the gentlemen have off of complete dependence on govern- mom and dad. That is great for the en- time, make a comment on a piece of ment and basically created opportuni- tire family. It is especially great for legislation we are going to be passing ties and freedom and work and jobs for the mom and the dad that can spend tomorrow in the House, and I think it them. And we now are down to less time together and the children that is very important, and I want their than 150,000, almost a 75 percent reduc- can have the benefits of a two-parent comments because when the gentlemen tion. We are so terribly proud of that. family, which we know is so important. were elected as freshmen in December, As the gentleman knows, the old sys- we were all up here meeting them and tem of welfare was set up by compas- b 1945 one of their members said to me, I sionate people, by people with big Third is the huge benefits to single think it was the gentleman from Ari- hearts, but what they really did not re- moms, who now get up at a certain zona (Mr. FRANKs), he said, Tell me, alize is what the effect of the system time, get cleaned up, get showered, get you have been in Congress 10 years, that they built actually had on indi- off to a job where they are contributing what do you think the most important vidual decision-making. Because as the members of society and taxpayers. thing that you have done is, what is gentleman from Georgia knows, poor They do not have to feel like they are the most significant piece of legisla- people are not dumb. They respond to enslaved by a system they cannot get tion? the same incentives as the rest of us. out of. Those are all beneficiaries. It is a hard question. There are a lot If we look at the old welfare state in But the most important benefits I of things that have gone on that I America, what it told, particularly and would suggest we have not even seen voted for and I voted against and de- primarily young women with children, yet. Because we have a whole genera- bated on and had the privilege to de- what it told them was this, look at it tion of young children in Florida and bate on, and yet I said, probably wel- like a contract lawyer would look at it. throughout the country that are grow- fare reform is the most significant, the It said, we will give you free gifts from ing up not watching their role model or one that has affected the most lives in government. We will give you AFDC their main parent watching TV all day a very positive sense. checks, housing assistance, food or engaging in some more pernicious In 1994, when so many of us got to stamps. We will give you health care behavior, such as drugs, prostitution or Congress, there were 14 million people for your children, some 72 other enti- black-marketing. They are watching on welfare; in 2001, 5 million. That is 5 tlement programs that you may be eli- the people that are raising them get million too many, and yet the reality gible for. But in order to get these free into the work system, be part of the

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.086 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H441 American Dream, pay taxes, and be of people getting off welfare and get- hunger is not the major problem we contributing members of society. I be- ting to work. That would be a miracle have with today’s youth after 6 years lieve that there is a long-term dividend in government. We would all be ec- of welfare reform. in the psychology and the culture of static. That happened in welfare re- Mr. KINGSTON. Mr. Speaker, here young children thanks to what we ac- form. And the true recipients of this are some interesting statistics: 3.6 mil- complished on welfare reform. wonderful experiment, the ones that lion fewer Americans live in poverty I am so honored to be here now as we broke out of the cycle of poverty, are today than they did in 1996; 2.7 million work hard to reenact this liberating those poor people, poor decent Ameri- fewer children live in poverty today bill, and I thank the gentleman for his cans that for a generation were told than in 1996, including 1 million Afri- leadership. that they would always be there. can American children. These are sta- Mr. KINGSTON. Mr. Speaker, I My colleagues may well recall the tistics, incidentally, by the U.S. Census thank the gentleman for his comments, naysayers. The gentleman just pointed Bureau, not by the Republican Party or and I now yield to the gentleman from out a couple of those naysayers, saying the committees in charge; but these Florida (Mr. MARIO DIAZ-BALART). this is going to destroy the country; are stats that I think people in the Mr. MARIO DIAZ-BALART of Flor- that it was going to destroy the poor honest spirit of debate need to talk ida. Mr. Speaker, one of the things that people. No, it helped more than any- about. my dear friend and colleague, the hon- body else those poor people who are I think it is good to have criticism orable gentleman from Florida, central now working, earning a living, and are and opposition on legislation, because I Florida, and, if I may add, a wonderful a part of the American Dream. It would think that it makes the legisla- part of the State, that is a free plug helped the taxpayers by giving them a tion better. We should bring our ideas while I can, stated something that is little bit of relief, and it was a wonder- to Washington. Both of my colleagues very true. The poor who are stuck in ful thing for the country. are from Florida and have served in the this cycle of dependence to this horren- And as my colleague, the gentleman State legislature together, but one is dous system that we had before, the old from Florida (Mr. FEENEY), just said a from south Florida and the other from welfare system, did not want to be that little while ago, I am so proud first to central Florida. When I served in Geor- way. We have to be very clear about have been a part of it in Florida when gia, I was from south Georgia, or coast- this. Poor people that were on welfare the United States Congress and the al Georgia, which I still am, but when did not want to be dependent on gov- leadership of the United States Con- we come up here we are taking on a ernment. gress gave our State the opportunity to bigger role. We bring our ideas, be it Unlike what some would like to be- participate and break the dependence from south or central Florida or coast- lieve, that these are people that did not on government and that cycle of pov- al Georgia, we bring them up here and, want to work, that were just there be- erty for millions of people, hundreds of if they are so good, doggone it, we cause that was their choice, that was thousands of people in the State of ought to be able to get 218 people to their number one choice, no, these are Florida. I am also so proud to now be agree with us. And if they are not good people. These were people that here; and, hopefully, we will be a small founded in substance and fact, probably wanted to work, but all they needed part in making sure that this wonder- we are not going to get that to happen. So I think criticism is good, but I was an opportunity; and yet they were ful reform moves forward so that we think it has to be founded on facts; and stuck in this system that forced them can continue to help those that are that is one of the things we do not have to stay in that system. They could not truly needy; those that really need the save money to buy a piece of property around here. help; and, yes, also create a system Mr. Speaker, we are running short on because they would lose their benefits. that breaks that cycle of dependency time, but I know we have a few min- So, therefore, they had to stay in the and of poverty. utes, and certainly if the gentleman system. That is the cruelty of this sad Mr. KINGSTON. Well, Mr. Speaker, from Florida (Mr. MARIO DIAZ-BALART) joke that was the old welfare system. the gentleman spoke of naysayers. wanted to add a few comments. And the people that really hurt, yes, Here is what the gentleman from New Mr. MARIO DIAZ-BALART of Flor- the taxpayers had to pay a lot of York (Mr. RANGEL) said, who is the ida. Mr. Speaker, I just wanted to money for this broken system, but the ranking member on the Committee on thank my dear friend, the honorable people that were really hurt were those Ways and Means, a distinguished man, gentleman from Georgia, for this op- that were forced into the cycle of de- but clearly wrong on this: ‘‘The only portunity. pendence, dependence on government. losers we have now are the kids.’’ I do want to end just again reminding So now, where are those people? And yet here is another face of pov- all my friends and all our friends in Where are they? Millions of them, mil- erty, another success story: Mr. Bruce this august Chamber and also the lions of Americans, are now working. Mullins lost his home and entered the Chamber next door that we have a his- They are earning a living in the free Welfare to Work program in September toric opportunity, a historic oppor- marketplace. It is not easy; it is tough. 1998. He now has a life of joy and prom- tunity to pass welfare reform in order Hey, life is difficult. They have got to ise for himself and his two children. to continue the gains that we have work hard. We know that. But they are Here is a picture of Mr. Mullins and his made in the past. We also have a his- working hard, and they are proud of it. kids, and they do not look like losers. toric opportunity to do something that They are paying taxes and they are They look very happy. has never happened, which is to have leading by example. So, yes, this is The gentleman from New York (Mr. the first Hispanic in the D.C. Court of wonderful for the taxpayers, but let me NADLER), a friend of mine, as they all Appeals. It would be a wonderful thing just say that it was even more wonder- are, but friends can be wrong, in 1996 for all Hispanics, but more importantly ful for those millions of Americans said, ‘‘I am saddened that today it it would be a wonderful thing for the that were finally allowed to break out seems clear that this House will abdi- entire country, a beautiful sign that di- of this vicious cycle of dependence and cate its moral duty and knowingly vote versity is acceptable and accepted. of poverty. That is the untold story, I to let children go hungry in America.’’ Mr. KINGSTON. Mr. Speaker, I think, in this wonderful experiment Pretty harsh words. Pretty wild pre- thank both gentlemen from Florida, that was called welfare reform, that I dictions. and I appreciate their time this think worked better than any of us Mr. FEENEY. Mr. Speaker, if the evening. gentleman will yield for just a second. ever suspected. f We knew that the system was bro- Sadly, the truth of the matter is we ken. In Florida, we knew that the old have been told by our Surgeon General BLACK HISTORY MONTH system was broken. I did not expect and other experts that the biggest The SPEAKER pro tempore (Mr. the results to be so dramatic, so unbe- problem children have in America PEARCE). Under the Speaker’s an- lievably dramatic. Imagine if in the today is not hunger but obesity. After nounced policy of January 7, 2003, the rest of government we could get in- 6 or 7 years of welfare reform, we need gentleman from Maryland (Mr. creased performance by 75 percent, or to get back to exercising, working out, CUMMINGS) is recognized for 60 minutes close to 75 percent, as we did in Florida and into good nutrition. But certainly as the designee of the minority leader.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.089 H12PT1 H442 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Mr. CUMMINGS. Mr. Speaker, I rise States of America representing 619,000 Lincoln, a member of the Republican today in my role as Chair of the Con- citizens of rural, poor, eastern North Party, a party that supported civil gressional Black Caucus for the 108th Carolina, known as the first congres- rights at one time, a party that sup- Congress to talk about Black History sional district. ported the enfranchisement of African Month and the state of our union for I am honored to be here as a fresh- Americans and former slaves. Yet as Americans of color. man member of the 108th Congress. It we stand here today, the leader of that Throughout the month, we should all is amazing that princes and kings and former great party and the President of take a moment to remember the heroes clowns that caper in sawdust rings, and our country has come out foursquare whose legacies of service have shaped ordinary people like a young boy who against the concept of affirmative ac- this great country, America. grew up on a tenant farm in Bertie tion; and therefore I will contend that We should remember Rosa Parks, a County under civil rights, the 13th and he is against Black History Month. leading force behind the 1955 Mont- 14th amendments to the United States Why do I say that? What is Black gomery bus boycott. Activist Fannie Constitution, the Voting Rights Act, History Month if it is not affirmative Lou Hamer, the daughter of share- the Civil Rights Act, all of the great action? There was a time when those croppers who fought for African Amer- decisions of the United States Supreme who wrote history left out of the pages ican suffrage in Mississippi. Dr. Charles Court guaranteeing that we hold these of history about people of color, and so Drew, whose blood plasma research has truths to be self-evident; that all men, Carter G. Woodson came along, and as saved millions of lives. Their bravery including Africans in America, are cre- he read the history books, as he read and sacrifice must not be forgotten. ated equal and that they are endowed the tabloids, he did not see anybody in While we celebrate the past, we also by their creator with certain the books that looked like him, and he should honor the African American unalienable rights, among them life, saw none of the great works that Afri- women and men who are making a dif- liberty and the pursuit of happiness. cans were doing in America. And so he ference today. We should thank Marion started what became Black History b 2000 Wright Edelman for her tireless work Week, affirmative action, and then it on behalf of America’s children. We And I want to say that as we have became Black History Month, affirma- should salute the nearly 300,000 African struggled to gain equal rights and civil tive action. American men and women who proudly rights and to celebrate those rights and And now we have an opportunity serve in our military. We should ex- to build on those rights and to have the under a plan that has been approved by press our gratitude to the hundreds of opportunities to work, to earn our liv- the United States Supreme Court to thousands of African American police ing, to pay our taxes, to build institu- say that race can be one factor in de- officers, firefighters, and first respond- tions, to build businesses, to send our ciding admissions to the University of ers who dedicate their lives to serving children to college, yes, to historically Michigan, and we find that the Presi- and protecting us. Their constant acts black universities founded by people dent is opposed. I am going to close by saying it is a of sacrifice serve as a model for all of fresh out of slavery, and even to those long journey from Africa to America. us. universities that at times in the past During Black History Month, the have denied our entry. It is a long journey from slavery to freedom. It is a long journey from the Congressional Black Caucus embraces Is it not amazing, as we stand here back of the bus to being the driver and this year’s theme as determined by the tonight, there are great debates going owner of the bus company. But we have Association for the Study of African on in these halls of this prestigious in- made it, and I contend that one reason American Life, whose theme is: The stitution known as the United States we did was because of those human Souls of Black Folk: Centennial Reflec- Congress, and I am told that the debate rights that were at one time properly tions. We encourage all Americans to that was going on a minute ago about enforced, and I hope and I pray that commemorate our shared past and issues of welfare reform that this ma- jority and this Congress, this Repub- they will be in the future. work together toward creating a more Mr. CUMMINGS. Mr. Speaker, I want lican majority, Mr. Speaker, is going just and fair society. to thank the gentleman and to say to to use brute power and minutia rules Mr. Speaker, tonight, I, along with him that several members of the cau- to deny freshman Members like me my my colleagues, want to take this time cus were moved, I think it was just civil rights and to deny my constitu- to reflect on the state of our union and yesterday, when the gentleman was ents their rights, their constitutional focus on the issues that are central to talking about how at one time he was rights, to have an opportunity to de- the lives of most Americans; issues plowing fields and did not imagine bate those issues involved in the wel- like education of our children, access himself in the Congress of the United fare rights reform bill. to health care, for any who might need States of America. And so many mem- That is to say, in this great, and I it, prescription drug coverage for our bers of the Congressional Black Caucus will call it the ‘‘great depression’’ that seniors, civil rights protections for all have similar stories, have come Americans, economic security and na- we are going into, where we are losing through very, very difficult times and tional security. jobs all over this country because the are doing everything in our power During the 108th Congress, we will party in power wants to give a tax cut every day and every hour to make sure face many challenges. We will face the to some rich Americans, and therefore our children and our children’s chil- challenges of securing our homeland, we have no jobs. And now we have a dren have these same opportunities. getting our economy going again, put- bill that is going to say that people One area that is clearly of great im- ting people back to work, closing the who cannot get a job have to work even portance to the souls of black folks education and health care gaps that longer hours or they will be thrown off would be our health care, and we are exist in our communities, providing the welfare rolls whether they deserve very honored to have in our Congres- prescription drug coverage for our sen- this assistance or not. Would it not be sional Black Caucus the gentlewoman iors, and thwarting those who want to one of my civil rights? from the Virgin Islands (Mrs. roll back civil rights protections. And I know it is my constitutional CHRISTENSEN), whom I will yield to. Mr. Speaker, it gives me great honor right as a Member of this body to have Mrs. CHRISTENSEN. Mr. Speaker, I and it is a privilege to yield to the gen- an opportunity to debate that issue, to thank the gentleman for yielding. tleman from North Carolina (Mr. debate whether or not we are going to As amazing as it is, the words of the BALLANCE). have funds to provide child care ade- distinguished African American schol- Mr. BALLANCE. Mr. Speaker, I quate so that those parents who are ar, Dr. W.E.B. Dubois, resound as loud- thank the gentleman for yielding to threatened to be thrown off welfare ly today as they did when he first me, our distinguished Chair of the CBC. will indeed have an opportunity to go wrote them more than 100 years ago. I am honored and, indeed, I am right to work or to go to school. How appropriate and on target are his proud that in the middle of a month Yes, in the midst of this Black His- words as he remarks on the lack of that has been set aside as Black His- tory Month, we celebrate the birthday health care for African American at tory Month to stand in the well of the of Abraham Lincoln, the author of the that time and as we compare them to House of Representatives of the United Emancipation Proclamation. President our situation today.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.091 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H443 I want to take the liberty, though, of and our Congressional Black Caucus Montgomery, Alabama, is no longer focusing on his treatise on the ‘‘Phila- agenda reflects that. ‘‘Broadly speak- in my district, but it is my hometown, delphia Negro’’ because in chapter 10 ing,’’ he wrote, ‘‘the Negro, as a class, and of course it is the city where Dr. we see in his description a clear indict- dwell in the most unhealthful parts of King picked up the torch of the civil ment of this Nation’s health care sys- the city’’ and have ‘‘a large degree of rights movement in part of the 20th tem as it existed in the African Amer- poverty.’’ We still have the lowest in- century and gave it so much of its vi- ican experience. One hundred years come levels, the highest unemploy- brancy and so much of its currency. ago, and shamefully still today it has ment, and many of us still live near What is striking about my district in been bereft of both health and care. In toxic sites. 2003 is that if Martin Luther King short, while there have been some ad- But the most compelling statement could somehow come back and visit vances in the last 100 years, on the in that chapter in the Philadelphia west Alabama and visit the battle- whole, nothing has changed. Negro, which I would ask us all to con- grounds on which he fought, he would Several recent surveys, for example, template as we go through yet another see cities and counties that look very clearly show that the general public term, another budget process in the much the same as they did four decades even today thinks that health status face of these glaring disparities in ago. and access to care is equal among all health is this: b 2015 population groups. In this, we echo Dr. Dubois wrote: ‘‘The most difficult what Dubois wrote over 100 years ago social problem in the matter of Negro The rate of poverty in four counties that ‘‘the fact of high death rates and health is the peculiar attitude of the in my district hovers around 40 per- other signs of neglect of the laws of Nation toward the well-being of the cent, 40 percent in times of economic physical health have not yet been ap- race. There have, for instance, been few growth and 40 percent in times of eco- prehended by the general public,’’ he other cases in the history of civilized nomic decline. It is a constant condi- wrote. After a wealth of articles and people where human suffering has been tion of despair. scientific and lay journals, reports viewed with such peculiar indiffer- We have talked about health care to- commissioned by this body and with ence.’’ night. Eight hospitals in my district Given the many deaths caused by the the Congressional Black Caucus and have closed their doors in the last 2 lack of health insurance in this, the other organizations representing peo- years, and suffice it to say that the dis- last industrialized nation that does not ple of color giving voice to the inequi- proportionate number of people who guarantee health care to its residents, ties in health at every opportunity, my have been disenfranchised on the given the cuts or level funding of pro- question is, is anyone listening? health care front in my district have Infant mortality in our community is grams designed to address our health been people of color. 2.3 times more than in those of our care deficiencies, the refusal of the de- If Dr. King could somehow travel partment and this body to target dol- white counterparts. AIDS affects Afri- through the streets of Birmingham lars to build capacity in our, the most can American eight times more than it today, he would find parts of that affected, communities, the movement does whites. Death rates from heart inner-city that look exactly as they did to remove the words ‘‘minority’’ and disease are 30 percent higher in blacks. 40 years ago. He would see young black ‘‘disparity’’ from the health lexicon, Our incidence of diabetes is more than men, able-bodied, casting about look- and the failure to respond adequately twice as much as in the white popu- ing for some anchor in their life, look- to the recommendations of several In- lation. The black male has the lowest ing for some economic anchor in their stitute of Medicine reports on the in- life expectancy of any population group life. equities of health care among people of in our country, and in our hemisphere Too much of my district, which has color and those who speak different its urban and rural components, too only men in Haiti have a lower life ex- languages in this country, I think it is pectancy than those in our Nation’s much of my district looks like America appropriate for us to ask ourselves the looked in 1963; and that does not say as Capital. question whether this attitude has in- The chapter on Negro health also fo- much as it should say about where this deed ever changed in the more than 100 cuses on the lack of reliable or com- dream stands. Forty years after the years since those words were written. fact, 40 years after the battles of 1963, plete statistics, which is still an issue Mr. CUMMINGS. I thank the gentle- America stands frozen in so many that is very relevant today. Just last woman. week we cosponsored a Hill briefing on Tonight, as we celebrate Black His- ways. the Institute of Medicine’s report on tory Month, we look at all aspects of I had an opportunity to give a speech public health for the 21st century. In African American history and again re- to a high school class in Selma, Ala- that briefing, the importance of col- flecting on our theme, the Souls of bama, on Martin Luther King Day. lecting accurate data for minorities Black Folks Centennial Reflection, we Selma is a racially divided city. It is a and using this data to build research, have the gentleman from Alabama (Mr. city that is 60 percent black, 40 percent white. As I stood in the gymnasium, treatment, and prevention infrastruc- DAVIS), one of our new Members, who tures was stressed. It is essential if we has been just a tremendous asset to us, Mr. Speaker, I looked around the gym- are ever to close the gaps in health sta- and we are anxiously looking forward nasium as I got to the part in the tus, as we must, that we collect and to continuing to work with him. speech where I talked about Dr. King’s analyze important data on race, eth- Mr. DAVIS of Alabama. Mr. Speaker, legacy of integration, and it struck me nicity, and other socioeconomic factors I thank the gentleman from Maryland all of a sudden that every single stu- that are relevant or cause them. (Mr. CUMMINGS) for yielding to me. dent sitting in that gymnasium was Dubois also spoke of poor health in- I have the distinction of representing black. In a public school, 49 years after frastructure, as he termed it, ‘‘the lack the Seventh District of Alabama Brown v. Board of Education, 38 years of nearly all measures to prevent the which, as so many people should know after the Selma to Montgomery march, spread of disease.’’ This is the state if they do not, is the home of the civil the legacy is a segregated public school still of our deteriorating health care rights movement in this country. It is system. And with inequality comes dis- infrastructure in our community and the battlefield where so many of the parity in resources; with separateness many rural communities. A chilling battles were fought in the 1960s: The comes a separateness in resources. thought in days such as these, where City of Birmingham where 40 years ago The dream is in an interesting state we are on high alert for a chemical or this April, children were marshaled in today, because too much of America is biological terrorist attack. If our com- defense of equality in this country, and financially unchanged, unchanged in munities are not prepared to protect they were met with literally the teeth every measure that we could possibly our residents and respond to any such of dogs and the bite of fire hoses; draw on the floor of this House. attack on their behalf, then no one is Selma, Alabama, where 38 years ago in- People sometimes wonder why we prepared and no one can be protected. dividuals had to march across a bridge have a Congressional Black Caucus. We in this caucus recognize, as under a threat and rumor of sniper fire People sometimes wonder why we have Dubois did back then, that health does in order to petition for their right to Black History Month. They wonder not exist in an unhealthy environment, vote. why there is a need to continue to talk

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.092 H12PT1 H444 CONGRESSIONAL RECORD — HOUSE February 12, 2003 about these things. And my answer to tion. Our communities are worried fields: law, medicine, physics, the mili- them is this: as long as we have a coun- about the uncertain state of the econ- tary, education, journalism, music, try where the conditions of one’s life omy, the loss of jobs, the growing theater and literary arts. are determined in large measure by the budget deficit, the budget cuts, which But we must remember outstanding conditions of one’s birth, the American threaten to eliminate vital services for men like Ralph Bunche, the United Na- Dream is not what it ought to be. As our children, students and for our sen- tions Undersecretary who became the long as we have a country where the ior citizens. first African American to receive the lifespan of a black child born today dif- We are going to work diligently in Nobel Peace Prize. fers dramatically from that of a child the months ahead to address these We honor the memory of Thurgood of any other race born today in this pressing concerns and to try to prevent Marshall, the first African American to country, there is a story that still the gains that African Americans have become an Associate Justice of the needs to be told. made from being reversed. U.S. Supreme Court with the great Some say, including Justice Scalia, We have all been touched by the re- May 17, 1954 case that he argued. that we can get past the problem of cent tragedy which took the lives of While we are speaking of firsts, let us race if we stop talking about it. That seven astronauts aboard the Space congratulate our colleague, the gentle- sounds good, but that is not the world Shuttle Columbia. They represented the woman from Ohio (Mrs. JONES), who that we live in. The world that we live best of our Nation and our world: cour- made history last month by becoming in is one in which we have to keep age, diversity, optimism, and the pur- the first African American woman to talking about these struggles, because suit of scientific knowledge for the bet- earn a seat on the prestigious House so many people have never lived them; terment of humanity. Committee on Ways and Means. but they have also never lived the les- Among the crew were a young woman We also pause to continue the debt of sons of that time. from India who immigrated to the gratitude we owe to strong women of We are the country that we are United States of America to follow her the past, like Sojourner Truth, the ab- today; we are the envy of the world be- dream, and with the Columbia mission olitionist and orator who risked her cause of a very simple promise. The she became the only Indian woman to life, and Harriet Tubman, who helped promise of America is that wherever travel into space; an Israeli man whom conduct the Underground Railroad. you begin, you have an opportunity to his country loved, the first Israeli as- As a former teacher, I am committed rise. That is the rhetorical reality of tronaut, a symbol of national pride for to passing along stories of African our country. Until it becomes the po- Israel; and an African American astro- American heroes to our children and litical reality and the economic reality naut from New York who was formerly grandchildren, so that they may dream and the social reality, we fall short of a lieutenant colonel in the Air Force, of achieving great things in their lives. the American Dream, and the state of Michael Anderson. I am proud of the fact that my broth- this union is in some disrepair. He was an outstanding student of er, William Payne, who serves in the So I call on all people of conscience physics and astronomy who was se- New Jersey State Assembly, authored to recognize that America has work to lected by NASA in 1998 to make his a bill which was signed into law which do. I call on all people of conscience to first flight, which was aboard the the Governor of New Jersey, which es- recognize that there are battles that Space Shuttle Endeavour. It traveled tablishes the New Jersey Amistad still need to be fought. Because until 3.6 million miles in space during 138 or- Commission to develop teacher-train- we smooth out the gaps in this society, bits around this world to reach the Mir ing programs to promote educational until we tear down the walls that con- Space Station. and awareness projects regarding the tinue to divide us, the legacy that we In 1998, there is a picture on my wall things that African Americans have honor and the dream that we honor is that I took with Michael Anderson done and their descendants, and the Af- incomplete. There is work that needs when he came to my Washington office rican Americans’ contribution to the to be done, and that is the unfinished to discuss how he could try to get more development of this country. task of this caucus. African American boys and girls in- The commission will work to pro- Mr. CUMMINGS. I want to thank the volved in the space program, in phys- mote a more comprehensive study of gentleman. ics, in mathematics, and he was talk- African American history by revising The gentleman mentioned Martin ing about promoting more interest in the history books of New Jersey and Luther King. Certainly we are very NASA. promoting more extensive classroom proud of all that Dr. Martin Luther In fact, there was another African discussion. The Amistad Commission is King did. One of the things he said is American astronaut whose name was named after the enslaved crew of the that a citizen must assert the full Robert E. McNair, who was one of the ship Amistad, who organized an upris- measure of his citizenship, and the seven crew members killed on the Chal- ing in 1939 to gain their freedom. The very things that this Congressional lenger that exploded 73 seconds after its crew had their case successfully argued Black Caucus stands for are merely as- launch on January 28, 1986. On this before the United States Supreme serting the full measure of our citizen- mission he was supposed to carry out Court. ship. extensive studies on Halley’s Comet. As I conclude today, as our Nation One thing about asserting the full Another African astronaut, Fred- awaits and watches the possibility of measure of your citizenship, you have erick D. Gregory, served as the com- war which continues to loom, Black to serve, and you have to serve this mander of the Space Shuttle Discovery, History Month is a good time to reflect country, and African Americans have which also performed important mis- that many African Americans have played very significant roles in the sions for NASA. given service to our country. military, have played very significant The first African American woman to African Americans fought in every roles in exploration, in space. join the space program, Dr. Mae major battle of the Revolutionary War: I am very pleased now to yield to the Jemison, traveled aboard the Space Lexington, Concord, Bunker Hill, Tren- distinguished gentleman from the Shuttle Endeavour on September 12, ton, Long Island, Valley Forge, and great State of New Jersey (Mr. PAYNE). 1992. Dr. Jemison is a chemical engi- Yorktown. Crispus Attucks, an African Mr. PAYNE. Mr. Speaker, I thank neer, a scientist, physician and astro- American, on March 5, 1770, was the the gentleman very much. Let me com- naut, who worked as a Peace Corps vol- first person to give blood at Boston mend the chairman of the Congres- unteer, a medical officer in Sierra Leon Commons where he was brought down sional Black Caucus for the out- and Liberia in West Africa. by the British when he protested tax- standing job that he has done in the Looking back in history this month, ation without representation. short time that he has been in that po- we pause to remember the men and It was a black Minuteman, Peter sition. I think that we will reach all women who laid the groundwork, often Salem, at the battle of Bunker Hill, kinds of heights with his leadership. at great personal risk, for the benefit when they said don’t fire until you see Mr. Speaker, as we commemorate of future generations. the whites of their eyes, who brought Black History Month this year, there is We are reminded that African Ameri- down Major Pitcairn, who led the Brit- a sober and anxious mood in our Na- cans have achieved greatness in many ish military.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.094 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H445 In the Civil War we had many top Af- colleague from the great State of Geor- Lieutenant Flipper served at the rican Americans. In 1862, the First gia (Mr. BISHOP), who is going to ad- time of the legendary Buffalo Soldiers, Kansas Colored Volunteers won one of dress and will continue on with some of the thousands of black cavalrymen who the first battles at Island Mound, Mis- the things that the gentleman from were deployed in the West for some 20 souri. There were 168,000 black combat New Jersey (Mr. PAYNE) was talking years to protect settlers, escort wagon troops in addition to 200,000 members about with regard to our contributions, trains, assist homesteaders in remote of service units in the War Between the military contributions. areas, even carrying the mail when no States. Mr. BISHOP of Georgia. Mr. Speaker, one else would, playing an invaluable One out of four Union Navy personnel by learning about the good and the bad role in our Nation’s growth and devel- was black. The black calvary, with the things that happened in our past, we opment in the late 19th century. Buffalo Soldiers, showed their impor- gain a deeper understanding about how These young men, mostly in their tance at the Battle of San Juan Hill, to correct the bad and preserve and early 20s, came from many States in where they prevented the Rough Rid- strengthen the good. That is why the the aftermath of the Civil War, who en- ers, Teddy Roosevelt, from being anni- study of history is important. It tells dured harsh and often dangerous condi- hilated at San Juan Hill. It was the us about the past and it guides us to a tions in the performance of their duty Buffalo Soldiers that saved him, but we better future, for he who understands and they were greatly relied upon. heard very little about them. As a mat- his past controls his future. There are countless stories, like the ter of fact, they had a lower desertion Black History Month is important time 34 Buffalo Soldiers came to the and alcoholism rate than any other for just this reason. I commend the rescue of a railroad camp which was calvary people in our history. gentleman from Maryland (Mr. under attack by a Cheyenne war party Concluding, W.E.B. DuBois in World CUMMINGS) and the members of the during the Indian wars. The soldiers War I said, in spite of the problems, Congressional Black Caucus for arrang- broke through an encirclement of more ‘‘first your country, then your rights,’’ ing tonight’s Special Order, and I than 100 warriors and successfully de- and urged African Americans to go to thank all of our colleagues for their fended the workers, who were all saved. war. support and for their participation. Many were seriously injured, one fa- The 369th Regiment from Harlem At a time when our country is in- tally. But, as always, they did their spent 181 days in the trenches, a half a tensely focused on national security, I duty bravely. year, without relief. This is history will talk about some of the many Afri- Many of the senior military leaders that no one knows about. And no one can American contributions to our Na- who were still in office when the ever spent 181 days in the trenches. Yet tion’s safety and well-being. Many have Tuskegee Airmen were formed in 1941 a person who lived a block from me, lost their lives in combat. They are would have been familiar with the Mr. Needham Roberts, along with Pri- part of a long tradition of service and story of the Buffalo Soldiers and their vate Henry Johnson, captured 30 Ger- sacrifice. As the gentleman from New record of service. Certainly the Buffalo mans and held them for weeks, and Jersey (Mr. PAYNE) pointed out, that Soldiers helped pave the way. people still do not know how they were goes back to the Revolutionary War The military was still segregated at able to keep this large number of Ger- when more than 5,000 blacks served on the outbreak of World War II, and the mans at bay. the front lines. all-black fighter group that was acti- My Uncle John Garrett was in the in- By World War II, with black leaders vated at the Tuskegee Army Airfield vasion of Normandy. When that was calling on black citizens to fight fas- had to deal with racism and prejudice over, D-Day, they allowed the white cism abroad and racism at home, more every day. But the commitment of the troops to march through the Arch of than a fifth of our men and women in pilots and the crews and the support Triumph; but the black troops were uniform were, in fact, African Amer- personnel never wavered. They stead- brought up a day later, and they were ican. Today, more than ever, blacks are fastly went about their duties, about unable to march through the Arch of at the forefront of defending the Na- their business, and eventually flew Triumph. tion, from the lower ranks to the top scores of combat missions in Italy and President Eisenhower, then general echelons of military leadership. other areas of Europe. They fought he- of the Army, wrote a letter to every One of the trailblazers was Henry O. roically, though some were lost. They combatant on D-Day, except African Flipper, the first black graduate of proved to be tremendously effective in Americans. My uncle did not get a let- West Point. Henry Flipper was born in bringing down hundreds of enemy ter. But my Uncle John Garrett, we Thomasville in an area of southwest planes and providing support for brought that to the attention of Presi- Georgia that I now have the privilege ground troops advancing in Germany. dent Clinton, and all of the surviving of representing. Although he was born Today, we express the thanks of a D-Day African American veterans who into slavery and had little opportunity grateful Nation to the soldiers, sailors, we could find, and we worked with the to acquire a formal education, his bril- and airmen of all races and creeds and gentleman from New York (Mr. RAN- liance, his courage, and steadfast for- ethnic backgrounds whose service and GEL) and his Committee on Veterans bearance enabled him to secure an ap- sacrifice have kept us free and kept us Affairs that he was working on, we pointment to West Point and to grad- strong for more than 2 centuries, and found many African Americans, and uate with distinction after years of to those on the home front who also President Clinton sent the letter that mistreatment and ostracism. fought to make freedom available for chief of our Army, Eisenhower, at the Although he had an exemplary record all. time refused, only because they were on the western frontier while serving Today, we also pay tribute to those black. as the only black among the Army’s thousands of African Americans who 2,100 officers, he was unjustly dismissed are now engaged in protecting our na- b 2030 from the military. Nothing stopped tional security here in the homeland Mr. CUMMINGS. Mr. Speaker, one of him, however. He went on to have an and those deployed around the world. the things I wanted to emphasize, the illustrious career as an engineer, a sur- God bless you, and may God continue gentleman spoke about the astronaut veyor, a government official, playing a to bless your service to America. who recently perished, coming to his significant role in the development of Mr. CUMMINGS. Mr. Speaker, I office and talking about having more the oil industry, the railroads, and the would just say to the gentleman it was young African American boys and girls Nation’s expansion in those formative the great theologian Zwingli who said, go into science and math, and that is years. so often people who make tremendous one of the reasons why we even do this At the time of his death in Atlanta in contributions make them when they this evening, to remind our children of 1940, he was a forgotten man. But in are unseen, unnoticed, unappreciated, all of the great things that African later years, he has been remembered and unapplauded. And I appreciate the Americans have done, so that they can with memorials at West Point, in gentleman lifting the names of so follow on that path and have models to Thomasville, Georgia, ceremonies at many who have given so much to this emulate. the Pentagon and at the White House country. Speaking of a model to emulate, I am as someone who resourcefully and Eleanor Roosevelt once observed that very pleased to yield to my friend and bravely paved the way for others. human rights must begin in small

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.096 H12PT1 H446 CONGRESSIONAL RECORD — HOUSE February 12, 2003 places close to home. They are the We could not make up our position in and the Caribbean in the national spot- world of the individual person where this Congress of the United States from light. Now, several years ago my every man, woman, and child seeks North Carolina from 1898 until 1992 friend, a former colleague we all know equal justice, equal opportunity, and without an affirmative action that and respected, Congressman Ron Del- equal dignity without discrimination. took into account that racism existed lums, and several American and South Unless these rights have meaning and disparities existed and the unwill- African activists developed a very com- there, she said, they have little mean- ingness of part of our community to prehensive plan to combat AIDS in Af- ing anywhere. vote for another part of our commu- rica. It is my great pleasure to yield to the nity. Now, we envisioned creating an AIDS gentleman from North Carolina (Mr. So I think Martin Luther King and Marshall Plan in Africa that would WATT), who has given his blood, sweat Frederick Douglass and W.E.B. Dubois mirror the original Marshall plan that and tears to making sure that the and Sojourner Truth and all of these helped our friends and allies in Europe rights of all Americans are protected. people that we pay tribute to during rebuild from the aftermath of World Mr. WATT. Mr. Speaker, it is a great our Black History Month celebration War II. So I have introduced the AIDS pleasure to join with my colleagues would not want us to dwell necessarily Marshall Plan as legislation. Let me this evening in participating in this on giving them honor because they just say that each and every member of Black History Month Special Order. In were not about honor. They were about the Congressional Black Caucus signed my neighborhood, we do not only cele- justice and equality and running faster brate Black History Month in Feb- on as co-sponsor. I think that is a his- and trying to catch up to close that ruary; it is a year-round, ongoing cele- torical fact that needs to be recorded. gap. Unfortunately, that gap continues bration. As my colleagues on the Congres- The thing that always gives me great to exist today in education, in eco- sional Black Caucus, especially the pleasure when I rise on this floor and nomic disparities, in health care. gentlewoman from California (Ms. WA- participate in this 1 hour of comment As part of our obligation as members TERS), the gentlewoman from the Vir- with my colleagues is that I am always of this caucus, and as part of our obli- gin Islands (Mrs. CHRISTENSEN), the fascinated that I learn a lot from my gation as Members of this Congress, gentleman from New Jersey (Mr. colleagues of their experiences and not only members of the Congressional PAYNE), as the CBC took up the cause other things that I did not know about Black Caucus, to assure that what took in Congress and Ron Dellums forged the history of the African American 200 years or 300 years to create, we do ahead outside of Congress, the gen- people in this country. I am tremen- not assume can be wiped out with run- tleman from Iowa (Mr. LEACH) helped dously proud to be a member of the ning faster for 30 or 40 years. It is going us fashion the AIDS Marshall Plan into Congressional Black Caucus and this to take a long time to make up these the legislative framework for a global body. disparities, and I applaud my col- trust fund to be housed at the World Our celebration of black history is a leagues for continuing to run faster Bank. Finally in 2000, we began to see daily event because we understand that and work harder and to work for equal- some progress as our pushing and prod- we stand on the shoulders of Martin ity as all of these people on whose ding gained support for the issue in Luther King and Frederick Douglass shoulders we stand worked for equal- this House. and W.E.B. Dubois and Sojourner Truth ity. In July of 2000, we were successful in and Fannie Lou Hamer and Rosa Parks We must continue to do the same. adding $42 million to the FY 2001 for- who sat down so that we could stand Mr. CUMMINGS. Mr. Speaker, I want eign ops bill for global AIDS spending, up, and those four gentlemen from my to thank the gentleman, and I want to which was really a small amount com- congressional district in Greensboro, thank him for working so hard on the pared to the actual need; but it took a North Carolina, who sat in at the foun- very issue that you just spoke about. monumental effort on the part of the tain, at the counter there, and started b 2045 Congressional Black Caucus, the activ- a movement that spread throughout I am very pleased, Mr. Speaker, to ist community, and our minority lead- our Nation to guarantee that the fight yield to my distinguished colleague er, the gentlewoman from California for justice and equality would con- from the great State of California who (Ms. PELOSI). tinue. has made it her mission to address the Soon after, thanks to our consistent Unfortunately, most of what we have consultations with President Clinton talked about, a lot of what we have issue of AIDS in Africa and made it her mission to address many, many con- and other administration officials, we talked about today, suggests that won passage of the Global AIDS and many of the inequities, many of the in- cerns of people who have often been Tuberculosis Relief Act, which was justices, many of the inequities still left out and unheard, the great lady signed into law in the summer of 2000 continue today. It is on that that I from the State of California (Ms. LEE). and which formally committed the want to focus a little bit because some Ms. LEE. Mr. Speaker, I thank the United States to seeking the establish- of our colleagues would have us be- gentleman for that very humbling in- ment of the global trust fund to fight lieve, and our President, I think, would troduction and for his leadership in HIV and AIDS. This was in August of have us believe that the era of address- putting together this very important 2000. ing these inequities is over, that there Black History Month Special Order, is no need to have an affirmative ac- also for his really steady and magnifi- The passage of this bill was a major tion program anymore. cent leadership of the Congressional achievement and really I must say a I have often wondered, if you started Black Caucus. vindication of the very hard work that a race at one point and you started Mr. Speaker, today we do stand at went into the initial AIDS Marshall somebody 100 yards ahead and the the crossroads in our battle against the Plan put forth by Congressman Ron other participant in the race 100 yards global AIDS pandemic. Now because Dellums. behind, how long would it take and this is Black History Month, I would Now in the last Congress, we made how fast would they have to run to like to take a minute and set forth the great strides towards the passage of make up that 100 yards. There is, I am historical record with regard to this other comprehensive global AIDS bills, sure, a mathematical formula that issue and the role of the Congressional and we really managed to engaged this could anticipate that. Unfortunately, Black Caucus in bringing the African administration and our colleagues in we cannot run faster, we cannot learn and the Caribbean AIDS pandemic to the House and the Senate on this issue. quicker, we cannot make up the eco- the attention of the United States Con- Most importantly, we witnessed the nomic disparities that exist. We cannot gress, the Clinton administration and international community, led by Sec- make up the health disparities that my the Bush administration. retary General Kofi Annan embrace the colleague, the gentlewoman from the After years of hard work on the part newly established global AIDS fund to Virgin Islands (Mrs. CHRISTENSEN) has primarily of the Congressional Black fight AIDS, tuberculosis and malaria, described, that continue to exist, by Caucus and our friends in the activist again, an achievement which the Con- running the same pace without some and the NGO community, we are fi- gressional Black Caucus is very proud kind of adjustments being made. nally seeing the issue of AIDS in Africa of.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.098 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H447 Now, in many ways the result and If you want to know why we are in a waited for more than 340 years for our the leadership of primarily the Con- position where we need affirmative ac- constitutional and God-given rights.’’ gressional Black Caucus’ work over the tion, if you want to know why at And so I conclude this evening with a last 5 years was evident at the State of present the median net worth of white beginning and that is that we must the Union address 2 weeks ago when families in America is $120,000 while continue to fight for our civil rights. President Bush announced an emer- the median net worth of black families And we hope that we can educate gency plan for AIDS relief in Africa is America is only $17,000 then take a America that even though it appears and the Caribbean that would devote 15 look at where we had to come from. that the civil rights era is over we billion over 5 years to treating those For 232 years it was a crime to teach begin anew. It is extremely important who were infected and those who are a slave to read, and then we went to recognize that the Kerner Report not. But our work on this issue does through a period where we had to en- written in 1968 is in actuality a state- not end here, and we still have a long dure separate but equal; but separate ment of America today. Oh, yes, we way to go before we can truly claim but equal was never equal. I came from have made achievements. We are very victory over this horrendous disease. the Southern schools, the Southern gratified that we have leaders in aca- There are still an estimated 29.4 mil- schools. All my life I was in Southern demics, leaders of corporation, leaders lion Africans and 440,000 Caribbeans schools, and there was a point where in science; but yet we still find an un- living with HIV and AIDS. Over a third the books and desks and everything equal community as it relates to crimi- of the populations of many sub-Saha- that we had had been used for 5 or 6 nal offenses and judgments, racial ran African countries are infected with years by white schools before they profiling, the now attack on affirma- AIDS, and in the Caribbean nearly 90 were shipped to the black schools. So tive action which I believe is an attack percent of all the AIDS cases are in in every way there was no equality. out of lack of understanding and igno- Haiti. We should remember this. We went rance. Because if you understood the In Africa and in the Caribbean, how- through separate but equal, and now University of Michigan’s very astute ever, we are not just fighting against we are in a situation where it is official and very precise program, Mr. Speaker, AIDS, but we are fighting tuberculosis, neglect. The money, the resources nec- you would understand that it is equal malaria and other diseases, high rates essary for education is not there. We to giving 20 points for being an alum- of infant mortality, the lack of access have a lot of rhetoric supporting public nus child, 20 points for living in north- to health care, underfunded education education where most of our black ern Michigan, 20 points for speaking a different language. It is not in any es- systems, underdeveloped agricultural youngsters are educated, but we do not sence a quota or preference. It is an capacity, poor infrastructure and ex- have any resources. cessively high debt burdens. All of My time is short so I will have to cut outreach to make sure the university these developmental issues are tied to this sort. I just want to say that edu- reflects America. So we say today that even though we HIV and AIDS, and all of them con- cation is a civil rights issue of our had Brown v. Board of Education in tribute to its spreads in one way or an- time. It is a civil rights issue we must 1954 and many of us thought we had in- other. That is why the fight for us con- focus on. The slaves who were set free tegrated America’s school, we are in tinues. understood very well the most impor- fact going backwards by showing a The President’s initiative represents tant thing for them to do was to read. a major step in a marathon, and we in- large degree of segregation. It means People who learned to read had a great tend to make sure that the United that our work is just beginning, Mr. deal of status in the new free-slave States and the international commu- Speaker. It means that I call upon my communities, and we have to get back nity finishes the race. We cannot com- colleagues here in the United States to that in our African American com- promise on the substance of what our Congress to join us not in celebrating munities. African American History Month on a response to the pandemic should be, Education must be our first priority. and in particular we will continue to day or night when the members of the It is the only way out of poverty. It is push for your funding for the global Congressional Black Caucus rise to the only way to achieve political fund because multilateral institutions speak to you, but let us do it in our ac- equality. tions by working with us to ensure the do work and they deserve our support. Mr. CUMMINGS. Mr. Speaker, our In conclusion, Mr. Speaker, let me Supreme Court does not rule affirma- last speaker is a lady from the great say that during this Black History tive action unconstitutional. Let us en- State of Texas, who I yield the balance Month I hope that we all, members of courage Republicans and Democrats to of our time to. But we just remind the Black Caucus, this entire body, re- file briefs that will support the idea of America that as we celebrate Black dedicate ourselves to the ideals that so a color blind society and an outreach many sung and unsung African Amer- History Month, every day black his- society that ensures a diversity as it ican heroes and sheroes have lived and tory should be celebrated. Without fur- should be. died for, and that is for liberty and jus- ther ado, I yield the balance of our In conclusion, let me suggest to you, tice for all. time to the great lady from the State Mr. Speaker, that we are reminded of Mr. CUMMINGS. Mr. Speaker, might of Texas (Ms. JACKSON-LEE), who is the words of Martin Luther King ex- I inquire as to how much time we have also the first vice chair of the Congres- plaining why we cannot wait. We can- remaining. sional Black Caucus. not wait because we are still unequal. The SPEAKER pro tempore (Mr. Ms. JACKSON-LEE of Texas. Mr. The scale is still unbalanced, and it is PEARCE). The gentleman has 4 minutes Speaker, I thank the distinguished gen- necessary that we fight not isolated as remaining. tleman. And I will count the conclu- one community against another but as Mr. CUMMINGS. Mr. Speaker, I sion, Mr. Speaker, to be the beginning. Americans recognizing that this Na- grant time to the gentleman from New And that is to acknowledge that we are tion is better by understanding our his- York, who has fought issues with re- just beginning to explain to America tory, being able to suggest that our gard to education (Mr. OWENS) for some of the issues that still plague us history is American history, and fight- many, many years and has stood at the but also offer to America a sense of ing with us for America to reach its forefront of that issue and many other hope, that we are Americans, African promise. issues. Americans who believe in this country Mr. Speaker, my entire statement is Mr. OWENS. Mr. Speaker, I want to and believe in America’s promise. as follows: thank the chairman also for sponsoring That is why I think it is appropriate Mr. Speaker, I rise today to discuss an this Special Hour on Black History to cite from the letter in the Bir- issue that is timely: the State of Civil Rights. Month, and I want to discuss a few mingham jail of Martin Luther King. I am pleased that the Congressional Black milestones and events in African Amer- And when he wrote this letter on toilet Caucus has reserved this hour to focus on ican history that are related to edu- paper as he was incarcerated, he was Black History Month. This year’s theme is the cation and that should not be forgot- responding to the clergy who had con- ‘‘State of the Union 2003.’’ We heard recently ten. demned him for coming from Atlanta the President’s State of the Union. The Presi- We should not forget that one time to Birmingham to agitate in Bir- dent did not speak to the real State of the to teach reading to a slave was a crime. mingham. He simply said, ‘‘We have Union for African Americans.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.099 H12PT1 H448 CONGRESSIONAL RECORD — HOUSE February 12, 2003 We celebrate Black History Month at a time was clearly a solid use of affirmative action. his father a carpenter. Dr. Otis attended Fisk when our civil rights are under attack. I joined The school followed the spirit of the law and University and the Illinois Institute of Tech- many of my colleagues in filing an amicus considered a range of variables in admitting nology. Unfortunately, his parents could not af- brief in support of the affirmative action plan of students, including unique talents, interests, ford his tuition and he dropped out of college the University of Michigan. Affirmative action is experiences, leadership qualities and under- after two years. Thereafter, Dr. Boykin built under attack in this country more than 30 represented minority status. electrical devices used today in all guided mis- years after the Supreme Court’s decision in We do not live in a colorblind society. The siles and IBM computers. He also developed Baake. 14th amendment to the U.S. Constitution guar- a control unit for an artificial heart simulator Nearly 35 years ago, President Lyndon B. antees that no state shall ‘‘deprive any person (pacemaker) that helps millions of cardio- Johnson issued Executive Order 11365 to es- of life, liberty, or property, without due process vascular patients. Otis Boykin will be remem- tablish the National Advisory Commission on of law; nor deny to any person within its juris- bered as one of the greatest inventors of the Civil Disorders to respond to the civil unrest in diction the equal protection of the laws.’’ twentieth century. urban cities. The problems identified by the When affirmative action works, qualified Mr. Speaker, today I am worried that given commission: disparities in police practices, un- women and minorities have a fair chance at the current educational settings of our country, employment and underemployment, inad- employment, education, and business opportu- future Otis Boykins and James Andrew equate housing and poor education remain nities. Harrises will not have the opportunity to pur- problems in the African American community The 1968 Kerner Commission found that the sue their dreams or realize their talents. three decades later. extent of underlying socio-economic problems I want to focus briefly on what is going to The 1968 Report of the National Advisory caused racial strife. While I believe that Afri- happen in my State of Texas. It is reported can Americans have made tremendous Commission, also known as the Kerner Com- that at least $2.7 billion must be cut from strides, we still have a long way to go to reach mission Report, recommended expanding op- Texas public education over the next two true equality. African Americans on a daily portunities for higher education and removing years to balance the state budget without a basis face prejudice, police brutality, and racial the financial barriers to higher education. Yet, major increase in taxes or fees. The University profiling. Unfortunately, we are not often in the here we are, three decades later, defending of Texas at Austin will hire fewer professors, position to seek redress through the judicial affirmative action efforts, battling high unem- forcing students to scramble for the classes system. The judicial nominees to our nation’s ployment rates in the African American com- they want. At Texas Women’s University, courts are becoming more and more conserv- munity, dealing with poor housing and deterio- fewer police officers may patrol the campus. ative. I opposed the Pickering nomination and rating education in urban areas for children in Some intercollegiate sports may disappear I oppose the Estrada nomination. K–12. from Collin County Community College. Tui- Affirmative action has moved to the center Socio-economic barriers still exist in the Afri- can American community. There are 36.4 mil- tion will probably rise at Dallas County Com- of public debate with the challenge to the Uni- munity Colleges. Universities, medical schools, versity of Michigan’s affirmative action pro- lion African Americans in the country, accord- ing to the latest census. This is 12.9 percent community colleges and the Texas Higher gram. It has become the catchall phase for Education Coordinating Board collectively those who challenge efforts to promote diver- of the total population, yet the poverty rate for African Americans is 22.7 percent. must slash $343.8 million in the middle of the sity. school year. Affirmative action is a set of tools used to African American History Month is a cele- bration of people who have gone before us Mr. Speaker, one University of North Texas give qualified individuals equal access and and on whose shoulders we stand, of people official summarized the current situation very equal opportunity to employment or education. who stand among us today transfixed on a clearly: ‘‘The monster came through our door, It means taking positive steps to end discrimi- goal to achieve even more. It is a time to and now he’s sitting on our lap.’’ nation so that managers or other people who pause and renew our commitment to realize I am further concerned as I read new sto- make hiring decisions have to give every can- the progress and achievements of our people ries, such as a Washington Post article which didate a reasonable chance to compete. What and to go much further as we write our own recently indicated that Oregon is on the verge it does not mean is quotas or preference for chapter. A time to continue the legacy of Afri- of cutting as many as 24 days from its school unqualified applicants. can American History. year. The United States ranks 18th among the I would like to remind my colleagues that President John F. Kennedy said in 1963 industrial nations in school year length. How before the release of the Kerner Commission that ‘‘Every American ought to have the right can we expect American schoolchildren to Report, affirmative action law can be traced to be treated as he would like to be treated, learn in 180 days as much as Korean children back to the early 1960s, when the Warren as one would wish to be treated, as one would learn in 220? They cannot! Court, and then the Burger Court, dealt with wish his children to be treated.’’ I believe Just a couple of weeks ago we listened to the problem of integration in America’s public those words ring true today 40 years later. President Bush’s well-written, well-delivered schools. The basic statutory framework for af- Ms. EDDIE BERNICE JOHNSON of Texas. State of the Union address. Yes, it was nice firmative action in employment and education Mr. Speaker, I commend my colleague, Mr. to hear words about diversity, higher edu- services is the Civil Rights Act of 1964. Public CUMMINGS for reserving this special order to cation, making college more affordable, and and private employers with 15 or more em- celebrate Black History Month, a commemora- leaving no child behind. But words are cheap! ployees are subject to a comprehensive code tion that dates back to 1926 when Black What has been done to increase the diversity of equal employment opportunity regulations Americans celebrated Negro History Week. of our populations in higher education? What under Title IV of the 1964 Act. Mr. Speaker, it is my hope that the citizens is being done to make higher education more Affirmative action is needed to address of the United States, especially young African- affordable? And how will we ensure that no present day discrimination, and the problems Americans, recognize how we’ve grown and child is really left behind in our elementary and that women and minorities must contend with developed since then. And also realize and secondary public school education system? when they apply for jobs, educational opportu- appreciate the important contributions of their Mr. Speaker we should invest in the edu- nities or try to move up the corporate ladder. forebears and contemporaries to the develop- cation of under-privileged young people here We need affirmative action because discrimi- ment of this nation and American society. at home. It will improve not only our edu- nation still exists and is holding America back I am proud to stand before you today to sa- cational system, but our society as a whole. from achieving the highest principles of fair- lute two outstanding citizens from my child- So many Otis Boykins and James Andrew ness and equality. hood home to Waco and congressional district Harrises will have the opportunity to revolu- It dismays me that affirmative action is of Dallas. James Andrew Harris was born on tionize technology that affects people’s every- under such intense scrutiny. If the Supreme March 26, 1932 in Waco, Texas. As a grad- day lives. Court rules against the University of Michigan, uate of Houston-Tillotson College in Austin Again, thank you to Congressman opportunities to enter the doors of our great with a chemistry degree, Mr. Harris worked in CUMMINGS for organizing tonight’s special or- higher educational institutions will be denied to the Nuclear Chemistry Division of the Law- ders. thousands of minorities. This is truly a water- rence Radiation Laboratory at the University of shed case, and I am disappointed that the California. There he was part of the team that f President has come out publicly against the discovered and identified elements 104- GENERAL LEAVE school’s affirmative action plan. The University Rutherfordium and 105-Dubnium on the Peri- of Michigan established a sound and well odic Table of Elements. Mr. CUMMINGS. Mr. Speaker, I ask thought through admissions plan both in the Dr. Otis Boykin was born in 1920 and raised unanimous consent that all Members undergraduate school and the law school. This in Dallas. His mother was a homemaker and may have 5 legislative days within

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.047 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H449 which to revise and extend their re- lar to the bar codes in the retail indus- ica’s best heritage of individual marks and include extraneous material try. This innovative new technology achievement and the blessings avail- on my special order. can provide us as health policy-makers able to those who choose to hitch their The SPEAKER pro tempore. Is there with a more complete and accurate pic- futures to our republic. He represents objection to the request of the gen- ture of the way U.S. health care is the best tradition of hard work, perse- tleman from Maryland? managed, financed, and delivered in verance, dedication and integrity. He There was no objection. terms of what works and what does built a strong record of academic excel- f not. lence in leading universities. The left often opposes conservative ABC CODES b 2100 judicial nominees on the basis of an un- The SPEAKER pro tempore. Under a Head-to-head comparisons of conven- favorable rating from the American previous order of the House, the gen- tional, complementary and alternative Bar Association, but in this case, Mr. tleman from New Jersey (Mr. PALLONE) care are necessary to identify and ad- Speaker, even the ABA recognizes that is recognized for 5 minutes. vance the most health-promoting and Miguel Estrada is well qualified. In Mr. PALLONE. Mr. Speaker, the bill- cost-effective health care practices. fact, Al Gore’s close legal adviser and ing code system in the United States Mr. Speaker, I learned about the ABC former chief of staff Ron Klain had this permits insurance reimbursement for codes because they address many to say about Estrada: Miguel is a per- health services and facilitates review health care services that have been son of outstanding character, tremen- of patient access and utilization of ben- largely ignored and undervalued and dous intellect and with a deep commit- efits. because studies show it is much more ment to the faithful application of Mr. Speaker, the way we determine cost-effective to prevent disease than precedent. The challenges that he has health policy, evaluate health care to treat it after it has developed. overcome in his life have made him services and codify those services for The developers of ABC codes have de- genuinely compassionate, genuinely reimbursement impacts our health care signed ABC codes to fit into existing concerned for others and genuinely de- system in dramatic ways. In health health care data fields, software appli- voted to helping those in need. care reimbursement, if there is no code cation and information systems. So the Former President Bill Clinton’s So- for the product, it will not get reim- cost and burden of implementation is licitor General Seth Waxman said, Dur- bursed. small, but the benefits are large, and ing the time Mr. Estrada and I worked Many Americans use complementary ABC codes help payers identify when together, he was a model of profes- and alternative health care procedures, reimbursement is justified as it relates sionalism and competence. In no way including nursing, chiropractic, acu- to whether the provider is licensed did I ever discern that the rec- puncture, naturopathic medicine, nu- under State law. ommendations Mr. Estrada made or tritional and botanical therapies. Too Mr. Speaker, I urge everyone to pay the analyses he propounded were col- often there is no insurance reimburse- close attention to this pilot program to ored in any way by his personal views ment or inadequate reimbursement for learn of the value of integrating com- or indeed that they reflected any con- these health-promoting services. And plementary health care and assisting sideration other than the long-term in- one reason is because there is no stand- us in developing a model of care that is terests of the United States. I have ardized tool to code these services and more cost-effective and health pro- great respect both for Mr. Estrada’s in- products. As a consequence, those who moting. tellect and for his integrity. There, Mr. Speaker, we have it. Ob- can afford it pay out of pocket and f jective observers from the other side of those who cannot are denied access. the aisle recognize that Miguel Estrada Right now the Current Procedure SENATE CONFIRMATION OF is a highly qualified and intellectually Terminology code, or CPT codes as it is MIGUEL ESTRADA gifted legal superstar who would imme- called, is the only approved coding The SPEAKER pro tempore (Mr. diately raise the standard of the bench standard available for insurance reim- PEARCE). Under the Speaker’s an- nounced policy of January 7, 2003, the on his first day. bursement. It is geared strictly to serv- There is no substantive basis for op- gentleman from Colorado (Mr. ices provided by physicians and does posing his candidacy beyond the vi- MCINNIS) is recognized for 60 minutes. not have the capability to represent cious and intellectually dishonest te- Mr. MCINNIS. Mr. Speaker, I would services by other licensed providers in- nets of an all-consuming leftist ide- cluding nurses. The CPT codes cover like to yield to the majority leader, the ology that is driven entirely by an ap- only about a quarter of all health care gentleman from Texas (Mr. DELAY). I petite to destroy anyone standing be- services used by Americans, leaving think his comments are especially per- yond its control. out three quarters of all health care tinent this evening in consideration of The left is inflamed by any prospec- products and services used to stay the debate that is going on in this Cap- tive judicial candidate with the cour- healthy and prevent disease. This cre- itol. So I yield to the gentleman. age to oppose their unrelenting, small- ates critical gaps in knowledge about Mr. DELAY. I greatly appreciate the minded, intolerant hostility to the tra- the health care marketplace. gentleman giving me some of his time. ditional foundations of American life: On January 16, Health and Human The gentleman is on this floor on a faith in God, reverence for tradition, Services Secretary Thompson author- very regular basis making some very respect for the true rule of law and the ized a pilot test of a new coding prac- important remarks about very impor- recognition that we are all ultimately tice in accordance with the provisions tant issues, and he will continue that, accountable for our actions. and regulations governing the Health but the gentleman is right, Mr. Speak- That last point in particular, Mr. Insurance Portability Act that facili- er. Speaker, summons the deepest venom tates electronic transactions. These Tonight is a very, very important and bile from the left. They attempted new codes supplement CPT codes and night. There is a debate going on in over the four decades beginning in the support tracking, measurement and this town that is highly important to 1960s to put forth a vast and sordid analysis of the economic and health the future of this country. The debate swindle upon the American people. The outcomes of complementary and alter- is so important that I hope the Amer- left claim that men and women could native medicine, nursing and other ican people are tuning in and under- take any action, that they could ignore forms of integrated health care. We stand what is going on in this country. our most sacred and sacrosanct tradi- have the opportunity as a result of this Because, Mr. Speaker, there is a gen- tions, that in service of convenience action to make major strides in ad- tleman that has been nominated to they could callously destroy and step dressing pressing issues in health care, serve on the D.C. Court of Appeals forward without consequences. accessibility, quality and cost manage- bench. The gentleman’s name is Miguel Now we know better. We know that ment. Estrada. Miguel Estrada is exactly the the left’s malevolent campaign to un- Mr. Speaker, this new technology is a type of highly qualified lawyer that dermine the notion of truth itself set of alphabetic codes, called ABC America needs on the bench in this comes at a frightful price. Their malig- codes, that function in a manner simi- country. His story also mirrors Amer- nant hold over the intellectual life of

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.051 H12PT1 H450 CONGRESSIONAL RECORD — HOUSE February 12, 2003 this country must be exercised, and cannot pick on him because of sub- Mr. Speaker, I thought long and hard men and women who are willing to stance. I think there is a double stand- before I came over here to the House speak the truth offer our only hope of ard back here. floor tonight. My comments are com- reclaiming our culture from the grip of The Democrats on one hand stand ing from the depth of my heart of a hedonistic, reckless and destructive and say they feel strongly about the which I feel very very strongly about. I descent into nihilism. Hispanic community, but when the want to go through a couple of things They oppose anyone who would reject going gets tough, where are they to be with all of my colleagues this evening the long reckless reach of the plain- found? It is people like my colleagues because I know most of them feel the tiff’s bar into everyday lives with frivo- sitting over here that have enough guts same way I do. They understand our lous and destructive lawsuits. The left to stand up when something is going job responsibilities to the American are wracked with malice by the pros- wrong and say, how can you do this? Or people, our job responsibilities not only pects that a Republican judicial ap- the American Bar, which by the way is to the American people, but to the pointee would approach the Constitu- nonpartisan, has said he ranks at the world. tion with reverence as a fixed defining very top. And here we have the Demo- As the President said in his State of document that offers a true north for crats taking on what is going to be the the Union address, freedom is not just the breadth and reach of the Federal first opportunity for a Hispanic in the a gift to America, freedom is a gift to Government. history of our country to be named all humanity; and this Nation leads the The left prefers instead legal anar- into this position, and it is the Demo- world and has led the world throughout chists who approach the Constitution crats who take one of the most highly its history, throughout the history of as a malleable document, subject to po- qualified attorneys in this country, ac- this Nation as the one who carries the litical manipulation and susceptible to cording to a bipartisan group, the banner of freedom, as the one who has the faddist legal theories of the mo- American Bar Association, and are at the ability and not just the ability, ex- ment. this very moment seeking to destroy cuse me, but has the courage, the pro- Because Miguel Estrada is com- him. found courage, to stand up for other mitted to upholding our founding prin- The gentleman’s comments were well countries that are not as fortunate. ciples and preserving the integrity of taken. It is the United States of America the rule of law, the left is targeting I would be happy to yield back to the that today, when we match it against him for destruction. This we cannot gentleman. any country in the history of the and we will not allow. Mr. DELAY. Mr. Speaker, I appre- world, not just the history of the Mr. Speaker, I must say that the ciate the gentleman yielding. United States, but any country in the other body is working late into the It is rather strange that it is okay to history of the world, it is the United night, and I hope that the American be Hispanic, but a person has to be His- States of America that has gone to people will tune in to C–SPAN that is panic with a particular point of view. arms more often than any other coun- carrying the other body’s debate be- In this country, can my colleague try to defend another country. It is the cause it is a critical debate to what is imagine that a person has to be a His- United States of America that goes to going on in this country today. It is a panic that only believes one way, that military assistance; not to conquer, critical debate, a debate that the Na- only believes the way that the left the United States did not go out and tion is having today, a debate that is would have them believe, that is only attempt to conquer other countries. so vitally important to the future of controlled by the left? That is not our mission in this life. this country. But to have somebody that has Our mission is to go out and allow To take a man from Honduras, an im- brought himself up from poverty and freedom to spread throughout this migrant that has worked his way up, present himself to the United States world. It is the United States of Amer- realizing the American dream, going to for a very important prestigious ap- ica that today, if we take a look at all college, getting his law degree, work- pointment, to have to kowtow to the the food assistance in the world, it is ing in courts and working for the control of the left because he may not the U.S.A. that provides 60 percent of President of the United States, trying think the same way they do, that he it. It is the U.S.A. that provides more to advance an agenda that is vitally may not believe in the same things educational opportunities than any important to American people; but be- that they do, is just outrageous, and other nation in the world. It is the cause he may have a name that is dif- the American people need to see what United States of America that provides ferent than most, because he is a His- is going on here in this town tonight. more medicine to other countries than panic, he is a danger to the left, and They need to understand what is any other country in the world. It is they are treating him as dangerous. going on in this town tonight, and they the United States of America that al- Mr. Speaker, I think it is vitally im- need to reject those that would reject lows more opportunities to immigrants portant that we as Americans stand Miguel Estrada. than any other country in the world. and support Miguel Estrada in his Mr. MCINNIS. Again, reclaiming my There is a reason that in the United quest to serve on the D.C. Court of Ap- time, in my opinion, this is the clear- States of America we have problems peals, and I would urge this House to est example of a double standard that with immigration. Do my colleagues stand up with Estrada on this evening, we have seen in a long time, and it is know why? Because of the fact we do a very important evening for this coun- taking place right now in front of the not have any lining up to get out of try, and I thank the gentleman for American public; and the American this country. We have people lining up yielding. public ought to stand up and say, look, by the hundreds of thousands that Mr. MCINNIS. Mr. Speaker, before just because one is not on the radical want to come into this country, the the gentleman leaves, I would like to left does not mean they should not country of great promise, but this point out a couple of things about Mr. have an opportunity as a Hispanic lead- country only achieved this position of Estrada. er, as one of the top-rated attorneys in strength through a position of commit- First of all, the American Bar Asso- the country by the American Bar Asso- ment. ciation has given him the highest ciation, to take a position that has That is when we see something wrong qualifications. These are the people never before been held by a Hispanic. going on, either against our citizens or that go in, regardless of race and eco- Mr. DELAY. Mr. Speaker, I appre- against the citizens of our friends, we nomic status, they take a look at their ciate the gentleman being here and I must take a position. We must stand legal qualifications. He is at the top of appreciate him yielding time to us, and up. In part, nobody else has the capa- the book. He is at the top of the group. I think I and my colleagues are going bility to do it. He is at the top. to go over to the other body and wit- Then sometimes when, as the case Second of all, I think it is very im- ness what is going on. that I am going to go through with my portant some of the gentleman’s re- Mr. MCINNIS. Mr. Speaker, reclaim- colleagues in some detail tonight, marks. He is a leader, a recognized ing my time, I appreciate the majority there are other countries that have the leader in the Hispanic community. leader taking time to share these com- capability to stand up and do it, but Why are they picking on him? They ments with myself this evening. they will not stand up. When the going

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.103 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H451 gets tough, that is when we count our by the way is the most Muslim country after resolution after resolution has friends. in the world, a nation that has stood up turned a blind eye towards violation b 2115 against radical terrorists, against the after violation after violation. Keep in radical believers of the Koran who have mind that this country knows when it There are a lot of people who will read it inaccurately. Yet our col- is called upon to do good for other want you to be the first one out of the leagues in France and Germany have countries. foxhole. But the fact is not a lot of peo- refused to stand up, and they have real- My district is in the Colorado Rocky ple will follow you as you go onto that ly cracked the foundation of an organi- Mountains. I had the good fortune, the battlefield under heavy fire. zation that some now say has served privilege, actually, of being in Aspen, Now, let me say right at the onset of past its due time. Colorado, when George Bush, Sr., flew my remarks, the President of the I want to visit a little about what we in to the news, as he was in flight, flew United States has done a tremendous do after this is all done, and I think it into the news that Iraq had just taken job. The Secretary of State, Colin Pow- is very important. Because what other a smaller country, Kuwait. Had in- ell, has done a tremendous job. country in the history of the world, vaded it. Had invaded that country. It Condoleezza Rice, Don Rumsfeld. show me one other country in the his- was Margaret Thatcher and George Thank goodness, in this time of need, tory of the world that after they en- Bush, Sr., in Aspen, Colorado, that George W. Bush put together this kind gage in a military conflict with an- made the decision that the action of A squad. I do not care whether you other nation believes that it is as im- taken by the Iraqi country and by Sad- are a liberal Democrat or a conserv- portant to rebuild the nation that they dam Hussein would not stand. Remem- ative Republican. The fact is when you just went to war with; that it is more ber those words? The President said take a look at a Condoleezza Rice, important to rebuild that nation than this will not stand. when you take a look at a Colin Pow- to walk away. The United States of We prepared militarily. We built a ell, whether you agree or not, the fact America did it in World War II with the coalition. But we yielded to the leader- is you have to say they are good. They Marshall Plan. ship of the United Nations, or at least are class. They are the top. They are The United States of America built the restrictions imposed by the resolu- the A squad. And fortunately, in this Japan. In fact, the aid we gave Japan, tions of the United Nations, and that is time of need, we have the A squad run- I can remember in the 1980s, when peo- that we not go into Baghdad and have ning this country. ple were saying, my gosh, we restored a regime change. Furthermore, we Now, I want to go over this evening, this country, we saved this country yielded to the United Nations, who ba- number one, what I think our ultimate from going into oblivion. We saved this sically set out the terms of what the responsibility is to the American peo- country. We helped rebuild this coun- negotiation should be on the surrender ple, to the constituents that we rep- try. We wrote their constitution and of Saddam Hussein. These surrender resent. I want to go over a little back- we put a general in charge, and now terms allowed Saddam Hussein to stay ground of Iraq and talk a little bit Japan is overtaking us in the business in power. It allowed him to stay in about Saddam Hussein, who unilater- community. Remember those days in power, but under very, or what we ally, by himself, has killed more Mus- the 1980s? This Nation is not a Nation thought at the time, were very tough lims than any other known person in that seeks to conquer. This is a Nation and stringent conditions. And those the history of the world. He has killed that seeks to do good and do good for conditions being that he would never more Muslims. Killed more Muslims. the right cause and for the right peo- again arm that country with weapons And that, by the way, includes men, ple. And this is also a Nation, although of mass destruction; that he would women and children. He is the only reluctant to do so, it is a Nation that allow inspectors into his country for leader alive today that we are aware of is prepared to take that sword and the rest of the history of that country; that has used chemical weapons and show its terrible wrath against the evil that he would turn over to the allies things like anthrax and other types of people of this world. And, of course, and to the United Nations inspection poisonous weapons to kill his own pop- Saddam Hussein fits at the very top of forces all his weapons of mass destruc- ulation, to kill his own people. He that list. tion; that he would list the weapons of would just as soon take to war against Let us visit just a little about Iraq. mass destruction that they still had in another country, but use it against his We all remember the situation in the their inventory. own people. So I will talk a little about Persian Gulf. And I have heard many This was term after term after term the history of this madman. people criticize, including myself, when after term that the United Nations in- I will talk a little about the situation I asked the question many times, Why sisted upon during the surrender. What we face in regards to our allies, par- did we not take out Saddam Hussein in happened? Violation after violation ticularly the French and the Germans, the first Persian Gulf War? Why did we after violation. who have stunned the world of NATO, not do it? What kept us? We had a su- Now, keep in mind that I think our which for 50-some years has been a perior Army, and the so-called Repub- responsibility as Congressmen to this close-knit organization, an organiza- lican Guard of the Iraq armed forces Nation, and frankly to the world, but tion in which the loyalty and the dedi- folded. They folded like that. In fact, our ultimate responsibility is to pro- cation to your fellow members has many of the guard surrendered to un- vide for the security of the people of never been questioned, has never been armed American photographers, news- this country. I cannot think of any questioned. Their moves in the last paper reporters. And we went, Why did other responsibility that rises to the week and a half have shaken the very we stop at Baghdad? Why did we not go level of protecting the security of the foundation of the North Atlantic Trea- in and take care of the problem? people that live within these borders ty Organization. Initially, I criticized the first George and our friends outside these borders. I will be going to Europe this week to Bush. But when we take a look at what It, in my opinion, is an absolute obliga- participate in NATO meetings, and I happened, it was not the President of tion. And should we fail through neg- can tell you that I am taking a mes- the United States. Not at all. It was ligence, or in this case what I would sage to my colleagues in Germany and the United Nations. It was the United consider gross negligence, because we Europe and Belgium and Luxembourg. Nations mandate. That was the only know what Iraq has; we know, at some My message is: Have you thought authority, assuming we followed that point, what Iraq’s intentions are, it about what you are doing? Look what mandate, the only authority this Na- would be a gross failure of our ultimate you are doing to the family. I know we tion and its coalition had, which was to responsibility if we did not answer to may have a family dispute, we may take Saddam Hussein out of Kuwait, the call, if we did not send fire trucks have an inter-family dispute, but look but not to go in and have a regime to this fire. what you have done to the family. The change. So as a result of the United Sure, the fire is dangerous. Sure steps that the French and the Germans Nations actions 12 or 13 years ago, it there are a lot of resources and a lot of have taken this week reach far beyond was the United Nations that kept Sad- fire trucks that we are going to have to the fact they refuse to provide assist- dam Hussein in power, and it has been send to that fire, but we have to send ance to the country of Turkey, which the United Nations, which resolution them.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.104 H12PT1 H452 CONGRESSIONAL RECORD — HOUSE February 12, 2003 Let me give some kind of comparison sleep on it and it will go away is a What happened? It was not very long here. I think in a lot of aspects a med- huge, huge, huge misstep in our obliga- where Germany, just like Iraq, started ical doctor has the same type of re- tions. saying to the inspection teams, ‘‘Wait sponsibility to his patient or her pa- In fact, I think, I truly think that a minute, this is sovereign territory, tient. A medical doctor’s responsibility the failure to stand up to this threat you have no right to enter this part of is to provide for the security of their that is so imminent and imminent to our country and inspect whether we are patient, security in the terms of their future generations, failure for us as a hiding weapons in there.’’ And the health. What is the health of the pa- body to stand up to this threat is noth- international community, primarily tient? How can we preserve the life? ing short of treason. That is how led by France, by the way, gave in. What can we do for this patient? The strongly I feel. We know it is there. They refused to force Germany to live security of that patient. And some- Now, this Congress has not neglected up to its agreement. They refused to times that means the doctor has to its duties. This Congress has stood up acknowledge the fact that the Germans give some pretty tough advice. and given to the President of the had lied and the Germans had used In this particular case, think of going United States the authority the Presi- those weapons in a very lethal fashion to the doctor and you have sort of a dent needs to go in and engage in what- against the world and that they were hurt in your foot. So you say to the ever operation, whether it is a peaceful not surrendering those weapons. doctor, Doctor, my foot kind of hurts, operation or a military operation, to So they did not know what to do with but it is not really a big deal, I do not fix the problem. But this problem needs this hot potato. Germany was not al- think. I am just kind of coming in here to be fixed now. lowing the inspectors to carry out because my mom told me I needed to And the President, in my opinion, their duties. In fact, Germany kicked come in and see you. I wanted to get has been very patient. The nations the inspectors out, just like Iraq did. her off my back, so I am coming in to across this world have been very pa- So what happened? What did the see you. So as the doctor, you come tient. We have gone through 17 resolu- community do? The international com- back to your patient and you say, I tions with the United Nations. Each munity led by France, they turned it have some bad news and I have some resolution has been violated. Each res- over to a group called the League of good news. The bad news is you have olution has been broken. At one point, Nations. What did the League of Na- cancer in that foot. The good news is Iraq kicked the inspectors out. Iraq has tions do? They talked tough just like continued time after time after time to we can take care of it now. the United Nations did, but they Now, it is going to require some sac- hide these weapons, to play a game of blinked, and when Germany continued rifice. It is going to require some pret- cat and mouse. to refuse to follow the agreement that What would happen if Iraq surren- ty dramatic action, action that you they made, that they made, the League dered those weapons? Do you know never anticipated when you walked of Nations stood down. The League of what would happen to Iraq if it joined into this doctor’s office, but nonethe- Nations backed off. the world economic community? It less that action is required. And the What happened? Well, Germany re- would be one of the wealthiest coun- patient looks at the doctor and says to built its inventories. Germany, in fact, tries in the world. They would be able the doctor, Doctor, I do not want to had been lying about the weapons that to provide for their citizens. Saddam hear this. I do not want to hear this. It it in fact possessed. The League of Na- Hussein could provide a standard of liv- tions became a paper tiger, and today is going to disturb my lifestyle. It will ing for his citizens that would match there are very few people that one can interrupt me going to work, my work many of the industrial countries in the stop who can tell them what the schedule. I did not come in here to hear world. I have cancer. I came in here just be- League of Nations is. And the United cause my foot was bothering me a lit- b 2130 Nations faces the same challenge. tle. I do not want to hear it. The people of Iraq could have edu- Keep in mind that under President Or the patient says to the doctor, cation. The people of Iraq could have Clinton on the bombing, the air war okay, Doctor, but I want to go home the kind of medication and health care against Kosovo, against Milosevic, and pray about it. The patient wants to that most industrial countries enjoy. keep in mind that it was the United pray it away. I do not want this hap- The people of Iraq could enjoy the Nations which refused to pass a resolu- pening to me. Well, prayer is very im- fruits of their hard work, but instead tion supporting the air war in Kosovo. portant, do not get me wrong. I say this horrible leader has focused on one And now the United Nations stands up prayers everyday, and thank goodness issue and that is a self-serving image of and beats on their chest as if they are we have some guidance from our su- himself to be a creator of disaster. And the ones that saved Kosovo. Fortu- preme being. But the fact is that alone we have an opportunity to step for- nately, President Clinton, through his does not do it. Does not do it. ward. leadership, was determined that that Or the patient says to the doctor, I Let me say what happened. We have was what was necessary, and frankly just want to go home and go to sleep got some examples in history where, he turned out to be right and the and tomorrow I will wake up and it when the obligation was there, the United Nations was wrong. will all be a bad dream. But the doctor team that was responsible to handle it Keep in mind that these resolutions says to the patient, before you leave did not do it, did not carry out their re- that the United Nations has passed are this office, keep in mind that today we sponsibilities, and I want to speak simply a reflection of the agreements can take that cancer and it is in the briefly about that example. that Saddam Hussein and his country foot. If you wait too long, that cancer, Germany, World War I, Germany agreed to. These are not conditions im- the next time you come in here, that used poison gas. Germany in its sur- posed by outside countries upon the cancer will have spread throughout render, very much, there are a lot of sovereign immunity of Iraq. These are your body, and then my options are ex- similarities between Germany and conditions that Iraq agreed to, and tremely limited. So I cannot allow you Iraq, Iraq in the Persian Gulf War, Ger- Iraqis themselves have time and time to go out of this office without being many in World War I. Germany surren- and time again broken the very things fully open with you and telling you dered to the international community. that they agreed to. that. In fact, it is kind of weird how close Now let us take a look at what kind And that is exactly what we as Con- those conditions that Germany surren- of weapons Iraq has. I listened to some gressmen, that is exactly the funda- dered upon are similar to the condi- of the people that are protesting this mental responsibility that we have to tions that Iraq surrendered upon. action. I am appalled by the fact that the generation behind us and to the Germany agreed not to produce any they are ignoring the cancer that ex- generations that live with us, and that more weapons of mass destruction. ists. I am appalled by the fact that is to be straightforward. We have an Germany agreed to allow inspectors they gunplay to the world, through opportunity today to stop that cancer into its country. Germany agreed to public relations, a very sophisticated while it is still in the foot. To ignore surrender all weapons of mass destruc- public relations campaign, that they that, to pretend that it is not occur- tion or gas or weapons like this to the underestimate the threat of these ring, to somehow kind of say, let us allies, to the world community. weapons, that they somehow think

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.107 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H453 that we can trust Saddam Hussein, How much clearer can it be? I mean, Now let us take a look at what Iraq that they somehow think if we love it would be one position if somebody has under their last admission after him and hold his hand and talk warm came up and said, ‘‘Look, we think this Persian Gulf War Number One. If any and fuzzy talk with him, maybe share a guy might kill somebody with these. It poster should get your attention this piece of apple pie with the guy, that he is a threat, but he has no history of it.’’ evening, it should be this poster to my is going to come clean and be a good We can use history to give us some left. neighbor. kind of guidance of what is going to These are inventories, not calculated This is a neighbor who has a vicious happen in the future. This is a cold- by the intelligence communities of the past. My guess would be that some of blooded killer. His only interest in rest of the world; these are inventories these protestors are some of the being nice right now is to win the pub- that Saddam Hussein himself admitted protestors that lead protests to disarm lic relations battle in the international that he has and now refuses, time after American citizens and take on battle community. He knows that George W. time after time again refuses to turn with the National Rifle Association, Bush and the team of Colin Powell and those inventories over, refuses to ac- but yet take a totally opposite stand Condoleezza Rice and Dick Cheney, he count for those inventories and instead when it comes to Saddam Hussein. knows that that team is determined to says to a couple of hundred inspectors Now let us just see how serious this do what is right. He knows that that in an area the size of the State of Cali- threat is. We are not talking about 13 team will not allow this threat to fornia, ‘‘Find them if you can.’’ That is empty missiles or shell casings. We are exist. So he is attempting, and frankly the message out there, ‘‘Find them if he is doing a pretty good job of it, to not talking about a couple Scud mis- you can.’’ siles that exist out there. Let us take a win a public relations battle through- Take a look at what type of weapons out the world that, ‘‘Look, forget look at what we are talking about. we are speaking of. Mustard gas, 2,850 what’’ thou ‘‘has done in the past and I refer you to the poster. This is the tons. 2,850 tons. believe what I am going to do in the fu- history of chemical weapons that Iraq Take a look at the sarin nerve gas, ture. I am going to be a good guy. It is has. These are weapons that Iraq has 795 tons of sarin nerve gas. America, it is America that is causing used in the past. So first I want to VX nerve gas, and let me tell every- this problem.’’ show this, and then we are going to one about the VX nerve gas. After the So for everyone this evening who progress from this poster to the next Gulf War, Saddam Hussein said he poster, which demonstrates what their thinks that somehow we are dealing never made VX, he never made VX. In inventory is. But just for those people with a paper tiger or we are dealing 1995, under pressure from the inter- out there that are in these protest with a threat that really does not national community, he admitted that lines, I think you have every right to exist, look at the history, look at the he made VX. He admitted he made VX, be there, but I disagree fundamentally history of cold-blooded murder. Take but only a few milligrams. Now they with the direction that you are leading our disaster of September 11 and mul- admit to 3.9 tons of that. a lot of innocent people. You are going tiply it and multiply it and multiply it, Nerve agent, 210 tons; anthrax, 25,000 to get them killed, in my opinion. You and we will get to the number of cas- tons; uranium, 400 tons; plutonium, 6 are leading them down the path of dis- ualties that Saddam Hussein has car- grams. This individual is a very, very aster if you ignore the history that ried out just through chemical weapons dangerous individual. Iraq has proven to the world. just as soon as other methods of war, Let us take a look at the history. My which have killed hundreds of thou- No other country in the world is ca- poster, Iraq’s history of chemical weap- sands of people, primarily Muslims, by pable of leading a coalition other than ons use. Date: 1983; type of agent, mus- the way. the United States of America. The tard; around 100; target, Iranians and Now let us take a look. We know United States of America will go for- Kurds. Keep in mind that Saddam Hus- through our intelligence, through the ward with a coalition. sein has led his Nation on two inva- admissions made by Iraq after the sur- Now, when we take a look at the na- sions against other countries outside render in the Persian Gulf that these tional press, the world press, one would its borders, not in retaliation but in an following locations, and I will not go think we have no European support offensive action. They attempted to in- through each location, but every point outside of our long-time solid friend of vade Iran, and they did invade Kuwait. on this poster to my left, every point Britain. The fact is we have lots of sup- October, 1983; mustard gas; casual- on here is a weapons production facil- port on the European continent: Spain, ties, 3,000; victims, Iranians and Kurds. ity, and a lot of these facilities are Italy, Portugal, Hungary, Bulgaria. And I should point out that the Kurds being utilized. There are a number of different coun- were Iraqi citizens. Let me refer to the next poster. This tries that support the position of the February, 1984; mustard gas, 2,500 is one of those facilities, here to my United States, that understand that people. These are equivalent, 3,000. left. It is very hard to see, but this is this is not a problem that is unique to That is like the New York Trade Cen- one of the facilities. On November 10, this country. ter and the Pentagon, 3,000 people, and 2002, somehow the Iraqi leadership, It is a problem that is spread across he got them with mustard gas. The Saddam, got word that the inspectors the entire world. It is a problem that same thing, mustard; 2,500 Iranians. were going to be there. So on December threatens the safety of everybody in March, 1984, Saddam Hussein, 100 22 when the inspectors showed up, now this world. And yet there is a coalition more Iranians. take a look at what has happened. that is willing to stand up and do March, 1985, Saddam Hussein kills The facility has been sanitized. It is something about it. 3,000 other people through the use of an attempt to fool the American pub- And do not be mistaken about NATO. these chemical weapons. lic. It is an attempt to fool the world. The majority of NATO, the vote that February, 1986, mustard gas, 8,000 to It is an attempt to divert our attention went against us, was 16 in favor of the 10,000 people. Remember, these are not into thinking that this individual, who United States and three against us. fighting men. These are men, women, has twice in his history invaded other The shock of NATO is that a country and children that were extinguished, countries, who has murdered more like France, who now, as we know, are they were eliminated, they were mur- Muslims than any other man alive, pretty fair-weather friends, meaning dered in cold blood though the use of who has, through the use of chemical they are a friend when it is convenient chemical weapons as ordered by Sad- weapons, killed members of his own ci- for them; and the Germans, it is un- dam Hussein, 10,000 that time around. vilian population, who is responsible precedented in NATO’s history that a 1986, thousands, they cannot even es- for hundreds and hundreds of thousands partner would refuse to help a fellow timate how many thousands were of deaths, and yet he is being persua- partner, such as Turkey, in their time killed in that attack by Saddam Hus- sive with the world community in some of need. sein using this type of weapon. areas in persuading them that he 1987, mustard gas, 5,000; 1987, mustard means no evil, that he is not a man of b 2145 gas, 3,000. evil, that in fact America is the coun- But the fact is do not underestimate 1988, hundreds, mustard gas, nerve try of evil. Take a look at that sanita- the strength that we have within the agents. tion. membership of NATO. There are a lot

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.108 H12PT1 H454 CONGRESSIONAL RECORD — HOUSE February 12, 2003 of people in this world, there are a lot There is a cost of leadership. Do not RESIGNATION AS MEMBER OF of countries in this world, that realize just stand up and say you are a leader. COMMITTEE ON SCIENCE that this cancer must be addressed A leader is called upon when the chal- The SPEAKER pro tempore (Mr. now; and we are attempting to do it. lenges get tough. This is a tough chal- PEARCE) laid before the House the fol- I think we have an obligation to try lenge, and it is a long-term obligation lowing resignation as a member of the and address it in the approach that has to give these people what they deserve, Committee on Science: the least amount of impact; peaceful if and that is freedom, that is health HOUSE OF REPRESENTATIVES, we can do it, but do not let this game care, that is food, that is the ability to Washington, DC, February 12, 2003. go on and on, because I am telling you do business. Hon. J. DENNIS HASTERT, that cancer spreads day by day, and It is our time. It is our time and our Speaker, House of Representatives that cancer does not discriminate on The Capitol, Washington, DC. allies’ time to stand up and get rid of its victim. It will attack every man, DEAR MR. SPEAKER: Effective February 12, woman and child alive. And it has no this cancer. And if the French and the 2003, I will take a leave of absence from the mercy. This cancer will show no mercy. Germans and Luxemburg and Belgium Science Committee for the 108th Congress We can stop it today. And if these do not have enough guts to do it, then due to my appointment to the Select Com- means of peaceful approach through get out of our way, because we are mittee on Homeland Security. Sincerely, the United Nations will not work, if going to do what is right. BOB ETHERIDGE, the United Nations will not accept its This Nation throughout its history, Member of Congress. responsibility and stand up to this oh, sure, we hit a bump in the road The SPEAKER pro tempore. Without madman, it is then inherent in the his- here and there; sure, we made mis- objection, the resignation is accepted. tory of this country and the moral ob- takes. This is not a mistake; this is an There was no objection. ligation of this country to stand for- obligation. And I am confident that ward and stop that cancer. That is our under the leadership of our fine Presi- f obligation. dent, this Nation will meet that obliga- RESIGNATION AS MEMBER OF It may not be what seems to be po- tion. litically correct with some of the popu- COMMITTEE ON SMALL BUSINESS lation with the French. And by the A year from now we will look back at The SPEAKER pro tempore laid be- way, if you want to take a look at what many of these naysayers and I will say, fore the House the following resigna- is the incentive of the French and Ger- now what do you have to say, because tion as a member of the Committee on mans to turn and invest against their it will be our Nation that gave these Small Business: long-term friend, the United States, people their freedom. It will be this Na- HOUSE OF REPRESENTATIVES, take a look at their oil contracts with tion and people like the British and our Washington, DC, February 12, 2003. Iraq. I have heard people say this is all good allies that had enough guts to do Hon. J. DENNIS HASTERT, about oil. Well, with the French, it is. what is right. Speaker of the House of Representatives, The Capitol, Washington, DC. That is where they are getting their And make no mistake, as that phrase oil. Take a look at their long-term DEAR MR. SPEAKER: Effective February 12, is commonly used, this team down 2003, I hereby resign my position on the Com- business contracts. there in the White House and this Con- mittee on Small Business due to my appoint- When I go to Europe this week, I am gress which has authorized that team ment to the Committee on Education and going to ask the French and my col- in the White House, we will do what we the Workforce. leagues in Germany, Where is your in- need to do to give the Iraqi people ex- Sincerely, DANNY K. DAVIS, vestment? Where is your best, solid actly what they are entitled to. thought for an investment? Is it with Member of Congress. the United States of America and the I can tell you as a United States Con- The SPEAKER pro tempore. Without coalition of Spain and Italy and Bul- gressman, I stand here with a great objection, the resignation is accepted. garia and Portugal and the British, or deal of pride, knowing that I am car- There was no objection. is your investment better with the rying out my fundamental responsi- f country of Iraq and Saddam Hussein? bility to the people of this Nation and I know that we have an obligation to to the people of this world, and that is RESIGNATION AS MEMBER OF go in and do something about this can- to provide security, to provide freedom, COMMITTEE ON SMALL BUSINESS cer, but we also have an obligation, and to share our wealth of food, to share The SPEAKER pro tempore laid be- we have accepted that obligation, to be our wealth of medicine. We will do the fore the House the following resigna- there when we take the cancer off, the job. We are a can-do Congress. We have tion as a member of the Committee on aftermath of what happens, after, for a President and an administration that Small Business: example, a military conflict. is can-do. We will get the job done, and This Nation will take into Iraq with- we hope that the world community will CONGRESS OF THE UNITED STATES, in hours, within hours of a military HOUSE OF REPRESENTATIVES, join us. The majority of them, I am Washington, DC, February 12, 2003. victory, we will supply that country of confident will. Those allies like the Hon. J. DENNIS HASTERT, Iraq with medicine they have never French and Germans, who become Speaker of the House of Representatives, seen under Saddam Hussein. We will weak-kneed now, at some point in time The Capitol, Washington, DC. supply them with food supplies and will look back and see it was probably DEAR MR. SPEAKER: Effective February 12, feed their hungry stomachs to the ex- one of the most serious mistakes they 2003, I am hereby taking a leave of absence from the House Small Business Committee tent they have never experienced in ever made. their lifetime, many of them. We will due to my appointment to the Select Com- offer that country, more than anything So it is time for the people of this mittee on Homeland Security. Sincerely, else we could give them, freedoms that Nation to stand up in support of its leadership, and they have. We will not JAMES R. LANGEVIN, they have never dreamed of under Sad- Member of Congress. dam Hussein. betray you. We will not let you down. The SPEAKER pro tempore. Without The United States of America will We will do what we are charged to do, objection, the resignation is accepted. not rule Iraq. Iraq will rule Iraq. But it and that is to go out and protect not There was no objection. will rule it under a leader who cares only our Nation and not only our about the people of that country, who friends, but the oppressed people of f does not place military weapons in Iraq. And we will destroy those weap- school yards and missiles in hospitals. ons of mass destruction. Iraq, for one, RESIGNATION AS MEMBER OF There are only good things that can will never be a country, after we are COMMITTEE ON SCIENCE happen to the country of Iraq if the finished, that will have the capability The SPEAKER pro tempore laid be- United States of America and the to once again make tens of thousands fore the House the following resigna- world community stands up to its obli- of casualties through the use of poison tion as a member of the Committee on gations. gas on innocent civilians. Science:

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.110 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H455 HOUSE OF REPRESENTATIVES, the Resources Committee due to my appoint- The SPEAKER pro tempore. Without Washington, DC, February 12, 2003. ment to the Select Committee on Homeland objection, the resignation is accepted. Hon. J. DENNIS HASTERT, Security. There was no objection. Speaker, House of Representatives, U.S. Capitol Sincerely, Building, Washington, DC. PETER A. DEFAZIO, f DEAR MR. SPEAKER: Effective February 12, Member of Congress. 2003, I hereby take a leave of absence on the The SPEAKER pro tempore. Without House Committee on Science due to my ap- RESIGNATION AS MEMBER OF pointment to the Select Committee on objection, the resignation is accepted. COMMITTEE ON EDUCATION AND Homeland Security. I also would like to re- There was no objection. THE WORKFORCE quest that I retain my seniority on the f The SPEAKER pro tempore laid be- Science Committee. Sincerely, RESIGNATION AS MEMBER OF fore the House the following resigna- ZOE LOFGREN. COMMITTEE ON THE BUDGET tion as a member of the Committee on The SPEAKER pro tempore. Without Education and the Workforce: The SPEAKER pro tempore laid be- HOUSE OF REPRESENTATIVES, objection, the resignation is accepted. fore the House the following resigna- There was no objection. Washington, DC, February 12, 2003. tion as a member of the Committee on Hon. J. DENNIS HASTERT, f the Budget: Speaker of the House of Representatives, The Capitol, Washington, DC. RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES, Washington, DC, February 12, 2003. DEAR MR. SPEAKER. Effective February 12, COMMITTEE ON ARMED SERVICES Hon. J. DENNIS HASTERT, 2003, I hereby request a leave of absence from The SPEAKER pro tempore laid be- Speaker of the House of Representatives, my position on the Education and the Work- fore the House the following resigna- The Capitol, Washington, DC. force Committee due to my appointment to DEAR MR. SPEAKER. I hereby give notice the Select Committee on Homeland Secu- tion as a member of the Committee on rity. Armed Services: that, effective February 12, 2003, I am taking a leave of absence from my position on the Sincerely, HOUSE OF REPRESENTATIVES, House Budget Committee due to my appoint- LORETTA SANCHEZ, Washington, DC, February 12, 2003. ment to the Select Committee on Homeland Member of Congress. Hon. J. DENNIS HASTERT, Security. The SPEAKER pro tempore. Without Speaker, House of Representatives, U.S. Capitol Sincerely yours, Building, Washington, DC. objection, the resignation is accepted. KENDRICK B. MEEK, There was no objection. DEAR MR. SPEAKER: Effective February 12, Member of Congress. 2003, I hereby resign my position on the Armed Services Committee due to my ap- The SPEAKER pro tempore. Without f pointment to the Select Committee on objection, the resignation is accepted. Homeland Security. There was no objection. RESIGNATION AS MEMBER OF Sincerely, COMMITTEE ON SMALL BUSINESS ROBERT E. ANDREWS, f Member of Congress. The SPEAKER pro tempore laid be- RESIGNATION AS MEMBER OF fore the House the following resigna- The SPEAKER pro tempore. Without COMMITTEE ON AGRICULTURE objection, the resignation is accepted. tion as a member of the Committee on There was no objection. The SPEAKER pro tempore laid be- Small Business: fore the House the following resigna- HOUSE OF REPRESENTATIVES, f tion as a member of the Committee on Washington, DC, February 12, 2003. RESIGNATION AS MEMBER OF Agriculture: Hon. J. DENNIS HASTERT, Speaker of the House of Representatives, HOUSE OF REPRESENTATIVES, COMMITTEE ON GOVERNMENT The Capitol, Washington, DC. Fourth District, Kentucky, February 12, 2003. REFORM DEAR MR. SPEAKER. Effective February 12, Hon. J. DENNIS HASTERT, The SPEAKER pro tempore laid be- Speaker of the House of Representatives 2003, I hereby resign my position on the fore the House the following resigna- The Capitol, Washington, DC. House Committee on Small Business due to my appointment to the Select Committee on tion as a member of the Committee on DEAR MR. SPEAKER. Effective February 12, 2003, I hereby resign my position on the Agri- Homeland Security. Government Reform: Sincerely, culture Committee due to my appointment HOUSE OF REPRESENTATIVES, BILL PASCRELL, JR., to the Select Committee on Homeland Secu- Washington, DC, February 12, 2003. Member of Congress. Hon. J. DENNIS HASTERT, rity. Speaker, House of Representatives, U.S. Capitol Sincerely, The SPEAKER pro tempore. Without Building, Washington, DC. KEN LUCAS, objection, the resignation is accepted. DEAR MR. SPEAKER: Effective February 12, Member of Congress. There was no objection. 2003, I hereby take a leave of absence from The SPEAKER pro tempore. Without my position on the Government Reform objection, the resignation is accepted. f Committee due to my appointment to the There was no objection. Select Committee on Homeland Security. RESIGNATION AS MEMBER OF Sincerely, f COMMITTEE ON SMALL BUSINESS ELEANOR HOLMES NORTON. RESIGNATION AS MEMBER OF The SPEAKER pro tempore. Without The SPEAKER pro tempore laid be- COMMITTEE ON SMALL BUSINESS objection, the resignation is accepted. fore the House the following resigna- There was no objection. The SPEAKER pro tempore laid be- tion as a member of the Committee on fore the House the following resigna- Small Business: f tion as a member of the Committee on HOUSE OF REPRESENTATIVES, RESIGNATION AS MEMBER OF Small Business: Washington, DC, February 12, 2003. COMMITTEE ON RESOURCES Hon. J. DENNIS HASTERT, HOUSE OF REPRESENTATIVES, Speaker of the House of Representatives, The SPEAKER pro tempore laid be- Washington, DC, February 12, 2003. The Capitol, Washington, DC. Hon. DENNIS HASTERT, DEAR MR. SPEAKER. Effective February 12, fore the House the following resigna- Speaker of the House, House of Representatives, 2003, I hereby request a leave of absence from tion as a member of the Committee on Washington, DC. my position on the Small Business Com- Resources: DEAR MR. SPEAKER. Effective February 12, mittee due to my appointment to the Select 2003, I hereby take a leave of absence from HOUSE OF REPRESENTATIVES, Committee on Homeland Security. Washington, DC, February 12, 2003. my position on the Small Business Com- Sincerely, Hon. J. DENNIS HASTERT, mittee due to my appointment on the Select DONNA M. CHRISTENSEN, Speaker, House of Representatives, U.S. Capitol Committee on Homeland Security. Member of Congress. Building, Washington, DC. Sincerely, DEAR MR. SPEAKER: Effective February 12, CHARLES A. GONZALEZ, The SPEAKER pro tempore. Without 2003, I am requesting a temporary leave from Member of Congress. objection, the resignation is accepted.

VerDate Jan 31 2003 05:25 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.052 H12PT1 H456 CONGRESSIONAL RECORD — HOUSE February 12, 2003 There was no objection. viously affirmed him to be a very well- Year 2002, pursuant to Public Law 104—201, section 827 (110 Stat. 2611); to the Committee f qualified candidate. So this is someone that brings some on Armed Services. RESIGNATION AS MEMBER OF 647. A letter from the Secretary of the experiences that we should be very COMMITTEE ON RESOURCES Navy, Department of Defense, transmitting pleased to accept in this important po- notification regarding the discontinuation of The SPEAKER pro tempore laid be- sition. training at the Vieques Naval Training fore the House the following resigna- He has strong support among the Range; to the Committee on Armed Services. tion as a member of the Committee on Latino community. I know Robert 648. A letter from the Acting Program Resources: Deposada, who I had the opportunity to Manager, Pentagon Renovation Program, Department of Defense, transmitting the CONGRESS OF THE UNITED STATES, be in a different event with here just twelth Annual Report on the renovation of Washington, DC, February 12, 2003. recently, says of him, ‘‘to deny the Pentagon; to the Committee on Armed Hon. J. DENNIS HASTERT, Latinos, the Nation’s largest minority, Services. Speaker of the House of Representatives, the opportunity to have one of their 649. A letter from the Under Secretary, De- The Capitol, Washington, DC. own serve on this court in our Nation’s partment of Defense, transmitting the De- DEAR MR. SPEAKER. Effective February 12, partment’s report entitled, ‘‘Overseas Com- 2003, I hereby take a leave of absence from capital is unforgivable.’’ I would cer- tainly agree. missaries and Exchange Stores—Access and my position on the Resources Committee in Purchase Restrictions,’’ as required by Sec- order to assume my appointment to the Se- b 2200 tion 2492 of Title 10, United States Code; to lect Committee on Homeland Security. the Committee on Armed Services. Sincerely, Mr. Speaker, there are some that 650. A letter from the Deputy Secretary, EDWARD J. MARKEY, would make the claim that he lacks ju- Securities and Exchange Commission, trans- Member of Congress. dicial experience, but I would say five mitting the Commission’s final rule—Condi- The SPEAKER pro tempore. Without of the eight judges currently serving in tions for Use of NON–GAAP Financial Meas- objection, the resignation is accepted. the D.C. court had no previous judicial ures [Release No. 33–8176; 34–47226; FR–65; There was no objection. experience, including Byron White, File No. S7–43–02] (RIN: 3235–A169) received who was nominated by President Ken- January 27, 2003, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Financial nedy, and our current Chief Justice IN SUPPORT OF MIGUEL ESTRADA Services. Rehnquist, who had no prior judicial 651. A letter from the Deputy Secretary, The SPEAKER pro tempore. Under a experience. Some would say that he Securities and Exchange Commission, trans- previous order of the House, the gen- has refused to provide memorandum mitting the Commission’s final rule—Trans- tleman from Minnesota (Mr. KENNEDY) that he provided when he was assistant actions of Investment Companies with Port- is recognized for 5 minutes. Solicitor General. But I would remind folio and Subadviser Affiliates [Release No. Mr. KENNEDY of Minnesota. Mr. IC–25888; File No. S7–13–02] (RIN: 3235–AI28) everyone that that was not requested received January 15, 2003, pursuant to 5 Speaker, I rise today in support of the of seven previous nominees to the U.S.C. 801(a)(1)(A); to the Committee on Fi- nomination for Miguel Estrada to the court of appeals that had worked in the nancial Services. District of Columbia Circuit Court of Solicitor General’s office, and every 652. A letter from the Chief Counsel, Office Appeals. This is an extremely well- living former Solicitor General, Demo- of Foreign Assets, Department of the Treas- qualified candidate that I am happy to crat or Republican, has signed a joint ury, transmitting the Department’s final speak in support of. letter to the committee stating that rule—Reporting and Procedures Regulations; This is someone that the American Cuban Assets Control Regulations: Publica- this request would be debilitating on tion of Economic Sanctions Enforcemernt Bar Association, it is not just me who the ability of the Justice Department Guidelines—received January 27, 2003, pursu- is saying positive things about him, to represent the United States before ant to 5 U.S.C. 801(a)(1)(A); to the Committee has described as ‘‘well qualified.’’ the Supreme Court. on International Relations. He was born and raised in Honduras. So this is a justice and someone who 653. A letter from the Assistant Secretary He would be the first Hispanic ever to brings unbelievable experience to our for Legislative Affairs, Department of State, transmitting notification that the Depart- sit on the U.S. Court of Appeals in the courts, someone who we should reach D.C. Circuit, which many consider the ment intends to consent to a request by the out and welcome, and I certainly am Government of Germany for a transfer of ar- second highest court in our land. pleased to have the opportunity to join ticles; to the Committee on International He has extensive appellate experience the many colleagues that have been on Relations. and is widely regarded as really one of this floor here earlier today to speak 654. A letter from the Director, Office of this country’s best appellate lawyers. on his behalf, and I would urge all of Personnel Management, President’s Pay He has argued 15 cases before the U.S. my colleagues to do so. Agent, transmitting a report justifying the reasons for the extension of locality-based Supreme Court. f If we look at the background and the comparability payments to categories of po- RECESS sitions that are in more than one executive strong support and experience that he agency, pursuant to 5 U.S.C. 5304(h)(2)(C); to is bringing to this position, he grad- The SPEAKER pro tempore (Mr. the Committee on Government Reform. uated magna cum laude from Colum- PEARCE). Pursuant to clause 12(a) of 655. A letter from the Auditor, District of bia, something that is a high distinc- rule I, the Chair declares the House in Columbia, transmitting a report entitled, tion amongst any group. He also grad- recess subject to the call of the Chair. ‘‘Certification of the Fiscal Year 2003 Rev- uated magna cum laude from Harvard Accordingly (at 10 o’clock and 1 enue Estimate in Support of the District’s Law School, with a JD degree, where $374,200,000 Multimodal General Obligation minute p.m.), the House stood in recess Bonds (Series 2002A and 2002B),’’ pursuant to he was the editor of the Harvard Law subject to the call of the Chair. D.C. Code section 47—117(d); to the Com- Review. f mittee on Government Reform. After that he went on to become a 656. A letter from the Chairman, Defense clerk in the U.S. Court of Appeals in EXECUTIVE COMMUNICATIONS, Nuclear Facilities Safety Board, transmit- the Second Circuit and also a law clerk ETC. ting the Board’s Annual Report on Commer- for justice Anthony Kennedy, no rela- Under clause 8 of rule XII, executive cial Activities; to the Committee on Govern- tion, on the U.S. Supreme Court. Fol- communications were taken from the ment Reform. 657. A letter from the Inspector General, lowing that, he was Assistant U.S. At- Speaker’s table and referred as follows: Department of Housing and Urban Develop- torney and Deputy Chief of the Appel- 645. A letter from the Secretary, Depart- ment, transmitting the Department’s inven- late Section of the U.S. Attorney’s Of- ment of Housing and Urban Development, tory of activities as required by OMB Cir- fice in the Southern District of New transmitting a report of a violation of the cular A–76 and the Federal Activities Inven- York, a very highly respected district, Antideficiency Act and the Office of Manage- tory Reform Act; to the Committee on Gov- and was Assistant to the Solicitor Gen- ment and Budget Circular A–11, pursuant to ernment Reform. eral of the United States under both 31 U.S.C. 1517(b); to the Committee on Appro- 658. A letter from the Acting Director of priations. Communications and Legislative Affairs, President Clinton and under George 646. A letter from the Under Secretary, De- Equal Employment Opportunity Commis- Herbert Walker Bush. So he has had ex- partment of Defense, transmitting notifica- sion, transmitting the Commission’s FY 2002 perience really working under both ad- tion regarding the Department’s report for Commercial Activities Inventory; to the ministrations and both sides had pre- purchases from foreign entities for Fiscal Committee on Government Reform.

VerDate Jan 31 2003 04:34 Feb 13, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.124 H12PT1 February 12, 2003 CONGRESSIONAL RECORD — HOUSE H457 659. A letter from the Chief of Staff, Fed- cific Groundfish Fisheries [Docket No. U.S.C. 3205; to the Committee on Ways and eral Mediation and Conciliation Service, 011219306–2283–02; I.D. 110501A] (RIN: 0648– Means. transmitting the FY 2002 report pursuant to AM44) received January 21, 2003, pursuant to 674. A letter from the Secretary, Depart- the Federal Managers’ Financial Integrity 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Commerce, transmitting a report on Act, pursuant to 31 U.S.C. 3512(c)(3); to the Resources. the executive branch strategy regarding Committee on Government Reform. 668. A letter from the Secretary, Judicial WTO dispute settlement panels and the ap- 660. A letter from the Executive Director, Conference of the United States, transmit- pellate body; to the Committee on Ways and Federal Mine Safety and Health Review ting the fifth Judicial Conference Report on Means. Commission, transmitting the Commission’s the Continuing Need for Existing Bank- 675. A letter from the Chief, Regulations inventory of activities prepared pursuant to ruptcy Judgeships, pursuant to 28 U.S.C. Unit, Interal Revenue Service, transmitting the Federal Activities Inventory Reform Act 152(b)(2); to the Committee on the Judiciary. the Service’s final rule—Disclosure of Return of 1998; to the Committee on Government Re- 669. A letter from the Program Analyst, Information to the Bureau of the Census [TD form. FAA, Department of Transportation, trans- 9037] (RIN: 1545–AY52) received January 27, 661. A letter from the President, James mitting the Department’s final rule—Equiva- Madison Memorial Fellowship Foundation, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the lent Safety Provisions for Fuel Tank System Committee on Ways and Means. transmitting the consolidated annual reports Fault Tolerance Evaluations (SFAR 88) under the Federal Managers Financial Integ- 676. A letter from the Chief, Regulations [Docket No. FAA–1999–6411; Amendment No. Unit, Internal Revenue Service, transmitting rity Act of 1982, pursuant to 31 U.S.C. 21–82] (RIN: 2120–AH85) received January 17, 3512(c)(3); to the Committee on Government the Service’s final rule—Offshore Voluntary 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Compliance Iniative (Rev. Proc. 2003–11) re- Reform. Committee on Transportation and Infra- 662. A letter from the Chairman, National ceived January 14, 2003, pursuant to 5 U.S.C. structure. Mediation Board, transmitting the FY 2002 801(a)(1)(A); to the Committee on Ways and 670. A letter from the Chief, Regulations report pursuant to the Federal Managers’ Fi- Means. and Administrative Law, USCG, Department nancial Integrity Act, pursuant to 31 U.S.C. of Transportation, transmitting the Depart- 677. A letter from the Chief, Regulations 3512(c)(3); to the Committee on Government ment’s final rule—Security Zones; Port of Unit, Internal Revenue Service, transmitting Reform. Palm Beach, Palm Beach, FL; Port Ever- the Service’s final rule—Low-Incoming 663. A letter from the Director, Office of Housing Credit (Rev. Rul. 2003–2) received Personnel Management, transmitting the Of- glades, Fort Lauderdale, FL; Port of Miami, Miami, FL; and Port of Key West, Key West, January 14, 2002, pursuant to 5 U.S.C. fice’s strategic plan for fiscal years 2002 801(a)(1)(A); to the Committee on Ways and through 2007; to the Committee on Govern- FL [COTP Miami 02–156] (RIN: 2115–AA97) re- ceived January 14, 2003, pursuant to 5 U.S.C. Means. ment Reform. 678. A letter from the Chief, Regulations 664. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Unit, Internal Revenue Service, transmitting Personnel Management, transmitting the FY the Service’s final rule—Definition of Early 2002 report pursuant to the Federal Man- 671. A letter from the Chief, Regulations and Administrative Law, USCG, Department Retirement Benefit and Retirement-Type agers’ Financial Integrity Act, pursuant to Subsidy [Notice 2003–10] received January 14, 31 U.S.C. 3512(c)(3); to the Committee on of Transportation, transmitting the Depart- ment’s final rule—Regulated Navigation 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Government Reform. Committee on Ways and Means. 665. A letter from the Under Secretary and Area; Chesapeake Bay Entrance and Hamp- Director, United States Patent and Trade- ton Roads, VA and Adjacent Waters [CGD05– 679. A letter from the Acting General mark Office, transmitting the Office’s FY 02–102] (RIN: 2115–AE84) received January 14, Counsel, Office of Compliance, transmitting 2002 annual report on management of com- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the a Report on Inspections for Compliance with mercial activities; to the Committee on Gov- Committee on Transportation and Infra- the Public Access Provisions of the Ameri- ernment Reform. structure. cans with Disabilities Act Under Section 210 666. A letter from the Chairman, United 672. A letter from the Chief, Regulations of the Congressional Accountability Act, States Postal Service, transmitting a copy of and Administrative Law, USCG, Department pursuant to Public Law 104—1, section 210(f) the annual report in compliance with the of Transportation, transmitting the Depart- (109 Stat. 15); jointly to the Committees on Government in the Sunshine Act during the ment’s final rule—Regulated Navigation House Administration and Education and the calendar year 2002, pursuant to 5 U.S.C. Area; Chesapeake Bay Entrance and Hamp- Workforce. 552b(j); to the Committee on Government Re- ton Roads, VA and Adjacent Waters [CGD05– 680. A letter from the Regulations Coordi- form. 02–103] (RIN: 211 5–AE84) received January 14, nator, Department of Health and Human 667. A letter from the Deputy Assistant Ad- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services, transmitting the Department’s ministrator for Regulatory Programs, Committee on Transportation and Infra- final rule—Medicare and Medicaid Programs; NMFS, National Oceanic and Atmospheric structure. Hospital Conditions of Participation: Qual- Administration, transmitting the Adminis- 673. A letter from the Secretary, Depart- ity Assessment and Performance Improve- tration’s final rule—Fisheries of the Exclu- ment of Labor, transmitting the Depart- ment (RIN: 0938–AK40) received January 23, sive Economic Zone Off Alaska; Revisions to ment’s ninth report on the impact of the An- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Observer Coverage Requirements for Vessels dean Trade Preference Act on U.S. trade and to the Committees on Ways and Means and and Shoreside Processors in the North Pa- employment from 2000 to 2001, pursuant to 19 Energy and Commerce.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

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