Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, FRIDAY, JUNE 14, 2002 No. 79 House of Representatives The House was not in session today. Its next meeting will be held on Monday, June 17, 2002, at 12:30 p.m. Senate FRIDAY, JUNE 14, 2002

The Senate met at 9 a.m. and was I pledge allegiance to the Flag of the Republican leader or his designee. At called to order by the Honorable United States of America, and to the Repub- 9:35, we are going to have two votes. BLANCHE L. LINCOLN, a Senator from lic for which it stands, one nation under God, Following that, the main reason for me the State of Arkansas. indivisible, with liberty and justice for all. appearing this morning is to tell Mem- f bers S. 2600 will be open for amend- PRAYER APPOINTMENT OF ACTING ment. We hope people will come over The Chaplain, Dr. Lloyd John PRESIDENT PRO TEMPORE today. There will only be two votes. Ogilvie, offered the following prayer: We didn’t have a good day yesterday. Almighty God, Sovereign of this Na- The PRESIDING OFFICER. The We had a couple of amendments, but tion and Lord of our lives, we thank clerk will please read a communication the rest was not very serious business You for the outward symbols of inner to the Senate from the President pro related to the extremely important meaning that remind us of Your bless- tempore (Mr. BYRD). antiterrorism insurance legislation. ings. The sight of our flag stirs patriot- The legislative clerk read the fol- We hope people will begin to move ism and dedication. It reminds us of lowing letter: forward on this legislation. The major- Your providential care through the U.S. SENATE, ity leader indicated we are going to years, of our blessed history as a peo- PRESIDENT PRO TEMPORE, pass this legislation. It is just a ques- ple, of our role in the unfolding of Your Washington, DC, June 14, 2002. tion of whether we are going to do it American dream, and of the privilege To the Senate: with or without cloture. we share living in this land. Under the provisions of rule I, paragraph 3, Today, as we celebrate Flag Day, we of the Standing Rules of the Senate, I hereby f appoint the Honorable BLANCHE L. LINCOLN, repledge allegiance to our flag and re- a Senator from the State of Arkansas, to RESERVATION OF LEADER TIME commit ourselves to the awesome re- perform the duties of the Chair. The ACTING PRESIDENT pro tem- sponsibilities that You have entrusted ROBERT C. BYRD, pore. Under the previous order, the to us. May the flag that waves above President pro tempore. leadership time is reserved. this Capitol remind us that this is Mrs. LINCOLN thereupon assumed f Your land. the chair as Acting President pro tem- Thank You, Lord, that our flag also pore. MORNING BUSINESS gives us a bracing affirmation of the unique role of the Senate in our democ- f The ACTING PRESIDENT pro tem- racy. In each age, You have called pore. Under the previous order, there RECOGNITION OF THE ACTING will now be a period for the transaction truly great men and women to serve as MAJORITY LEADER leaders. May these contemporary patri- of morning business not to extend be- ots experience fresh strength and vi- The ACTING PRESIDENT pro tem- yond the hour of 9:35, with 20 minutes sion, as You renew the drumbeat of pore. The Senator from Nevada is rec- being under the control of the Senator Your Spirit, calling them to march to ognized. from Washington. the cadence of Your righteousness. In f The Senator from Washington is recognized. the Name of our Lord and Saviour. SCHEDULE Amen. f f Mr. REID. Mr. President, we are going to be in a period of morning busi- HEALTH CARE CHALLENGES IN PLEDGE OF ALLEGIANCE ness until 9:35 a.m. Senator MURRAY THE STATE OF WASHINGTON The Honorable BLANCHE L. LINCOLN has the first 20 minutes. The remaining Mrs. MURRAY. Madam President, led the Pledge of Allegiance, as follows: time will be under the control of the seniors in Washington State cannot get

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

S5563

VerDate 11-MAY-2000 02:08 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.000 pfrm04 PsN: S14PT1 S5564 CONGRESSIONAL RECORD — SENATE June 14, 2002 the medical care they need, and I have ments, providers cannot shift the costs State they live in. Washington seniors come to the floor today to explain the as they could in the past. In addition, pay the same, but they do not get the problem and to offer a solution that Washington State is facing a budget same access to care, and that is not has the support of doctors, nurses, hos- shortfall and that has affected funding fair. pitals, and patients throughout Wash- for Medicaid. Second, the reimbursement rates do ington State. As we in Washington State try to ad- not reflect the true costs of providing While many States are facing chal- dress those national challenges, we are care. The cost of treating a patient lenges in health care, the problems are starting out several steps behind. That does not magically drop when you especially severe in my home State, is because Washington State receives cross the border into my home State of where providers are struggling to care far below the national average in Medi- Washington. The health care pressures for patients in a system that is falling care payments per patient. As this we are facing do not stop at the State down around them. There are many chart behind me shows, Medicare rates line, but payments do, and that is forc- reasons for this crisis, but one of the vary by State. Shown here are the av- ing doctors to choose between helping most fundamental is the unfair way in erage Medicare payments per bene- patients and staying in business. That which Medicare reimburses doctors and ficiary. These figures come from the is not fair. providers. Federal agency that manages the pro- Third, health care today is affected Just look at what happens to the sen- gram—the Centers for Medicare and by national trends that require more iors I represent. They have spent their Medicaid Services, known as CMS. equal reimbursement rates throughout lives working hard, raising their fami- These figures are for fiscal year 2000. I the country. Two of those trends are lies, and paying into the Medicare sys- would love to show more recent num- the shrinking pool of available doctors tem. In fact, they have paid the same bers, but I understand CMS has decided and the growing need for expensive percentage of their income into Medi- they are no longer going to calculate medical equipment. care as Americans from every State. or distribute these figures. There are a limited number of med- But when they retire, they find that Looking at this chart, you can see ical professionals, and every State is their access to health care depends that these figures vary dramatically now competing to attract them. Be- upon where they happen to live. If they between States. At the top is Lou- cause Medicare rates are so much lower live in Washington State, they can ex- isiana. They get, on average, $7,336 per in my State, we cannot offer the same pect far less access and far fewer bene- Medicare patient. At the bottom is salaries or the same recruitment incen- fits than seniors in other States. That Iowa, which receives less than half tives. is because Medicare reimbursement that, just $3,053. When you include the Hospitals face this challenge when it rates vary State by State. District of Columbia, Washington comes to medical technology. Today, Today, those reimbursement rates State, my State, ranks 42nd in the Na- health care relies increasingly on so- don’t reflect the true cost of providing tion in Medicare reimbursement bene- phisticated expensive technology. An care, and they are penalizing patients ficiary. The Presiding Officer’s State of MRI machine costs the same amount and providers throughout Washington. Arkansas ranks right here at about for a hospital in Florida as a hospital Madam President, in recent years, we 28th in the Nation. It is well below the in Washington State, but the only dif- have lost many physicians and clinics, average of what most States get. The ference is the hospital in Washington especially in our rural areas. These un- national average is $5,490. Washington State receives far less money from fair Medicare rates are making the State, my State, receives $3,921 per pa- Medicare to pay for it. Overall, that problem even worse by encouraging tient. means our State cannot attract the doctors to retire early, to move, or to In fact, in New York, a doctor can be providers or buy the equipment that stop seeing Medicare patients alto- reimbursed at twice the rate as Wash- other States can, and that is not fair. gether. ington State for some procedures. That I recently heard from doctors with At the same time, these rates make affects the stability of our doctors, Olympia Radiation Oncology in Olym- it even harder for us to attract the new hospitals, clinics, and home health care pia, WA, and they said: doctors, nurses, and health care profes- providers. Over the lifetime of a Medi- While the cost of state-of-the-art equip- sionals that we need to fill the growing care beneficiary, it can mean thou- ment and personnel remains the same from void. As a result, seniors have to spend sands of dollars less spent on their care state to state, the reimbursement is allowing all day long on the phone trying to find appropriately reimbursed states to maintain in Washington. a higher quality of care, while Washington a doctor who will see them. More often These regional inequities have re- State is struggling to deliver basic care. . . . than not, they are told the doctor is sulted in vastly different levels of care If this problem is not addressed in a timely not accepting any new Medicare pa- and access to care. For example, in manner, we will continue to have a migra- tients. Florida, up here at the top of the chart, tion of young people and businesses out of Today, I want to explain the prob- a lot of Medicare beneficiaries have ac- our state, and we will be left with an aging lem, show the impact it is having on cess to prescription drugs and prescrip- population with suboptimal care. the people of my State, and talk about tion eyeglasses in their Medicare Plus My State is being penalized for doing a legislative proposal that Senator Choice program. the right things in health care, and CANTWELL and I have introduced to In Washington State, while there that is not fair. Washington State has give Medicare patients the equity they may be some willing providers, there a long tradition of providing high-qual- deserve. are no open plans available that offer ity, low-cost health care, but today For years, the health care challenges prescription drug coverage, much less that innovative tradition is being used of Washington State have been getting eyeglasses, because of our low reim- against us by the Medicare system. worse, just like in the Presiding Offi- bursements. Other States spend more than twice cer’s State. More and more patients Overall, this is about fairness and ac- what we spend and end up with less don’t have insurance and families don’t cess to health care. So I want to point healthy outcomes while we are being have enough insurance. There is a out four reasons this morning why this punished for providing excellent care shortage of health care professionals. system is unfair to patients in my at low costs, and that is not fair. That is causing problems, especially in State and the other States that rank at This is an issue of fairness. Our sen- our rural areas. There are many rea- the bottom in reimbursements. iors pay the same into the system and sons for these difficulties, including First, Washington State seniors pay pay the same Part B premiums, but we our growing retired population, the ris- the same rate into Medicare as every- do not get the same access or benefits. ing cost of medical care and prescrip- one else. During their working years, Our doctors have to choose between tion drugs, as we all know, and paper- every American pays the same percent staying in business or accepting Medi- work and insurance. of their income into the Medicare sys- care patients because Medicare pay- In January, Medicare payments to tem, no matter where they live. ments do not reflect the true costs. doctors were slashed by 5.4 percent na- During retirement, every American Our State is competing with every tionwide. Because many private insur- pays the exact same dollar amount in other State to attract doctors and to ers base their rates on Medicare pay- part B premiums, no matter which buy medical equipment, but we do not

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.004 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5565 have the same resources as Medicare my Web site. But I want to share one ington chapter of the American College provides to other States. example with my colleagues. of Emergency Room Physicians, 91 per- Finally, our State is being penalized A few months ago in Sequim, WA, a cent of small hospitals and 100 percent for providing highly efficient, high- small, rural community, an older of large hospitals reported over- quality health care at low costs. Any woman came up to me in a parking lot crowding. way we look at it, the system is not with a cast on her arm. She told me In addition, 76 percent of large hos- fair to the people I represent. when she broke her arm, she went to pitals reported overcrowding 2 to 3 This difference in reimbursement the doctor. He put her cast on and told times a week or more often. rates would not be a big deal if it were her to come back in 4 weeks. In the in- In addition to problems in the emer- just a bureaucratic formula on a piece terim, her doctor determined he could gency room, these unfair rates also of paper, but we are talking about no longer take Medicare patients. So make it hard for us to recruit the new whether or not people can see a doctor, when she went back 4 weeks later, she physicians we need to replace those and I can tell you, unfair Medicare found out her doctor would not see her who are moving and retiring early. rates are hurting patients in Wash- because he was not accepting Medicare I want to share with the Senate what ington State in several ways. Many patients. Mike Glenn, the CEO of Olympic Med- doctors are leaving our State, retiring There she was in this parking lot, ical Center in Port Angles, WA had to early, or even refusing to accept Medi- standing there asking me how she was say on recruitment. care patients. Nationwide a study by supposed to get her cast off. That is As he tries to attract doctors, he is the American Academy of Family Phy- how bad it has gotten. finding that hospitals in other States sicians found that 17 percent of family These terrible examples are becom- are offering twice the salaries he can doctors are not accepting new Medicare ing more common every day in my offer. patients. The problem is even more se- State because unfair Medicare rates He says: vere in my State. The Washington are encouraging doctors to leave my Doctors in nearly every field are either State Medical Association conducted a State or close their practices to Medi- fleeing our state to earn higher salaries, or care patients. But it is not just a prob- staying but with growing levels of dis- survey last November and found that 57 satisfaction and resentment. percent of physicians who responded lem for people on Medicare. It ends up Physician headhunter firms have targeted said they are either limiting their having an impact on everyone. our state as fertile ground to find doctors Medicare patients or dropping all Medi- When a patient cannot find a doctor, willing to pack up and leave for positions in care patients from their practice. a patient ends up in the emergency states benefitting from more Medicare dol- Many experts believe that study does room. The ER is really the only place lars. not even show the full extent of the where a patient cannot be turned away. If this situation is not quickly remedied, Unfortunately, by the time they make many Washington communities will face problem. Other doctors are just leaving critical shortages of physicians. our State altogether. Since 1998, the it to the ER, their symptoms, which Imagine a trip to a hospital Emergency number of Washington State Medical could have been addressed easily, have Room without qualified ER doctors to pro- Association members leaving our State now developed into more serious med- vide life saving treatment, or without anes- has increased by 31 percent. ical problems. thesiologists to staff the Operating Room. To illustrate this problem, the Wash- James Newman is an emergency This is not a doomsday scenario, but a log- ington State Medical Association took room doctor in Kennewick, WA. He is ical consequence of the current Medicare reimbursement system. out print advertisements in Wash- the chairman of education for the Ben- ington State newspapers. And they say: ton-Franklin County Medical Society. There is no denying that unfair Medi- Eastern Washington, my State, has a Dr. Newman has seen patients go into care rates are hurting patients and pro- thriving medical community. You will cardiac arrest in the emergency room viders in Washington State. Doctors are leaving our State or re- find them in places like Boise, ID and because they did not get care early fusing to see new Medicare patients. Eugene, OR. enough. Often those patients had symp- As a result, seniors cannot find doc- It’s getting to the point where Washington toms for weeks, but they could not find a primary care doctor, so they end up tors who will accept them. doctors can’t afford to stay in Washington. Too often, those seniors end up in the Administrative costs are out of control, re- going into cardiac arrest in the emer- imbursement rates don’t cover services, gency room, and that is outrageous. emergency room in much worse condi- medical practices are shutting down. The Dr. Newman says that once a patient tion. fact is Medicaid and Medicare are grossly un- is ready to leave the ER, he cannot find We cannot even dig ourselves out of derfunded and private payers are setting a doctor who will continue to care for this hole because the low reimburse- their rates according to public programs. them. So Dr. Newman, who is board ment rates make it hard for us to re- Now what does this mean to the patient? It certified in emergency medicine and cruit new doctors to Washington State means that even if you have great health in- It is going to get worse. has been practicing for 10 years, spends surance, the underfunding of public pro- As I mentioned earlier, in January, much of his time trying to find doctors grams puts your personal physician’s prac- Medicare payments to doctors were cut for his patients, sometimes begging tice in jeopardy. So in other words, all the by more than 5 percent. insurance in the world isn’t going to help and borrowing favors just to get his pa- They are expected to continue to de- when your family doctor packs up and leaves tients the care they need, and he ends the State. cline in the next 3 years for a total de- up having to practice beyond the nor- crease of 17 percent by 2005. This is a pretty good description of mal scope of his job. That is untenable. We need to do what is happening in my State. When For example, he might give a patient something about it. doctors leave our State or retire early, an 8-month prescription for hyper- Unfortunately, the Bush Administra- their patients have to look for a new tension medicine because he knows tion does not acknowledge the severity doctor who will accept Medicare, and that patient will not be able to find a of the problem. according to my State’s medical asso- primary care doctor to refill a shorter In April, Tom Scully, the adminis- ciation, each time one physician leaves prescription. Even worse, Dr. Newman trator of CMS, told Washington seniors the Medicare Program, 2,000 patients ends up seeing the same patients again that ‘‘access was not yet a serious have to find a new caregiver. and again in his emergency room be- problem.’’ Across Washington State, seniors are cause they cannot find a doctor to care On Wednesday, I asked him about it experiencing the frustration of spend- for them. That is how bad things have at a hearing, and he said basically the ing all day on the phone and still not gotten in my State. same thing: That it will be a problem, being able to find a doctor who will ac- Remember, the cost of providing care but it is not a serious problem today. cept them just because they are on in emergency rooms is much higher They do not get it. Medicare. than preventing those problems in the CMS is not going to fix this. Many articles have been published in first place. This problem impacts ev- The White House is not going to fix my State detailing the trouble our sen- eryone who needs emergency care. Our this. iors are having finding a doctor, and I emergency rooms are overcrowded. Ac- The Office of Management and Budg- have included many of these articles on cording to a recent study by the Wash- et is not going to fix this.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.006 pfrm04 PsN: S14PT1 S5566 CONGRESSIONAL RECORD — SENATE June 14, 2002 If we are going to fix this problem, comes. It will force States that receive I invite my colleagues to talk with we are going to have to do it right in inordinately high payments to improve Senator CANTWELL and me about how the Senate. the quality of their healthcare. we can move this or any other proposal That is why Senator CANTWELL and I Payments would be reduced to those forward. have introduced S. 2568, the MediFair States, which do not realize healthy I conclude by saying that this is a Act. outcomes—such as extending life ex- matter of critical national attention, The MediFair Act is designed to re- pectancy or reducing rates of diabetes and I am going to work every single store access and fairness to Medicare, or heart disease. day to educate our fellow Senators, and—in the process—help seniors, the Simply put, our bill finally holds who are also impacted. We have to do disabled and all of our citizens. states accountable for the health care something about this. This proposal is based on what I have they provide with Medicare dollars. I ask unanimous consent that several heard from doctors, nurses, hospitals Before I close, I want to answer just articles be printed in the RECORD. and patients over the past year. a few questions about my bill. There being no objection, the articles Our bill has been endorsed by the Some are concerned about the pos- were ordered to be printed in the Washington State Medical Association, sible cost of fixing the inequities in RECORD, as follows: the Washington State Hospital Asso- Medicare. [From the Everett Herald, June 4, 2002] ciation, and the Washington Nurses As- I am, too. MURRAY’S MEDICARE PLAN A STEP IN RIGHT sociation. But I also know that there is a high DIRECTION On the House side, companion legis- cost to doing nothing as seniors lose lation has been introduced. their doctors and their access to Sen. Patty Murray has the right intention. She wants to make Medicare work better for It has the support of lead sponsor healthcare. patients and health care providers alike in ADAM SMITH along with Representa- There is a cost to the community this state. tives DICKS, MCDERMOTT, BAIRD, INS- when seniors end up in-and-out of the Murray and the rest of the state’s congres- LEE, and LARSEN. emergency room on a regular basis. sional Democrats have united around a plan The MediFair Act is a starting point And of course, there is a human cost that would raise Medicare reimbursements for eliminating the regional inequities to the patients and their families. to health care providers in states where pay- in Medicare. Another question I have heard is: ments are below the national average. Wash- The bill will make the system more How will this bill attract support ington is among the 10 lowest states in reimbursement rates, which actually punish fair. from Senators from high reimbursement states? areas with relatively efficient health care It will ensure that seniors are not pe- systems. nalized when they choose to retire in First, States that are using Medicare Murray’s Medi-Fair Act would remedy the the State of Washington. dollars efficiently and effectively don’t inequity by raising all payment rates to at It will encourage more doctors to ac- need to be concerned. least the national average and over time, cept Medicare patients. Either way, I recognize that not ev- forcing improvements elsewhere. It’s a good It will make it easier for us to re- eryone will embrace this specific legis- plan, but one that is more likely to raise cruit new doctors to our State. lative proposal. much-needed discussions rather than solve And it will help our hospitals and I want to find a solution that will the problem immediately. home health agencies get the resources help seniors get the care they need, and The short-term political reality is that the I recognize that there may be different potential solutions run into a double-wham- they need to care for our patients. my. On one side, the Bush administration ap- Let me explain my bill. The MediFair ways to approach the problem. pears determined to avoid domestic spending Act works to bring States up from the This MediFair bill is a starting point. increases—unless there is a high enough po- bottom of the reimbursement list. It’s a way to draw attention to the litical gain, such as with the farm bill. On The legislation would ensure that problem and get folks to look at var- the other side, major states—including Cali- every State receives at least the na- ious solutions. fornia, New York and Florida—aren’t about tional average of per-patient spending. What matters is fixing the problem, to help others address the equity issue unless The bill does not affect States that so I welcome ideas and suggestions their higher Medicare reimbursements can be protected. currently receive the national average from anyone who wants to help us solve this problem. The best hope is that Murray and potential or just above the national average. allies in both parties, including Republican Further, our bill promotes efficient Finally, some of my colleagues may Sen. Charles Grassley of Iowa (where reim- health care and healthy outcomes. wonder how this bill fits into our ef- bursement rates are the lowest of all), can This is an area where we really need forts to provide a Medicare prescrip- raise the level of discussion to the point that to correct the incentives. tion drug benefit, which is something I a solution becomes politically necessary. Here is how Mike Glenn of the Olym- have worked to pass for several years. Certainly, for Medicare patients and aging pic Medical Center put it: We have introduced the ‘‘Medicare baby-boomers who will soon use the system, Outpatient Prescription Drug Act of the need for action is becoming increasingly The concern is not over 42 states receiving serious. The inequities have been around for better Medicare reimbursement than Wash- 2002,’’ of which I am a cosponsor. Our work on prescription drugs years, but their effects have become more se- ington, but over what is rewarded and what vere. In this state, many doctors are now re- is not. should not keep us from fixing this fun- fusing to take new Medicare patients be- Washington hospitals and physicians are damental problem. cause the reimbursements don’t cover physi- proud of our record of pioneering high qual- After all, a prescription drug benefit cians’ costs. The problems extend beyond ity, cost effective medicine. And we do so by isn’t worth anything if there aren’t any doctors, though, to other providers. focusing on treatments that can help, while For the entire health care system, the avoiding overuse of treatments that cannot. doctors to write out a prescription. So paper work accompanying Medicare is also a This style of medicine yields equal if not both issues are critical, and we need to serious issue. It aggravates the low reim- better patient outcomes. Our reward for this move forward on both of them. bursements here by running up the expenses is to be paid a fraction of our actual costs. We need to fix these problems now— in medical offices. There is a need for a sys- To make matters worse, states who do not before another senior in my State loses tem that simplifies administration, just as embrace our style of cost effective care con- her doctor—before another patient goes there is a need for a health care system that tinue to demand and receive twice as much into cardiac arrest in the emergency provides broader access for all people, re- funding from Medicare for no discernable dif- room because he could not find a doc- gardless of age and income. ference in patient outcomes. tor when his symptoms first appeared. Action on reforming Medicare’s inequities The gap between the ‘‘haves’’ and the should not be made to wait for such larger ‘‘have-not States’’ is growing. The system is unfair, and as Dr. Sam solutions. Medicare is America’s most sig- If Medicare does not change this—through Cullison said, ‘‘Sadly, it is the Medi- nificant achievement in assuring health care action like the MediFair bill—Washington care patients themselves who are pay- access. Its erosion cannot be tolerated. hospitals in Medicare dependent areas will ing the price for this inequity.’’ Whatever the politics obstacles to imme- enter into a death spiral until they are We can restore fairness to Medicare. diate action, the Murray initiative helps forced to close their doors. We can help patients get the medical bring forward the issue of massive inequities So our bill promotes the right things: access they need, and the MediFair Act in reimbursements. That’s a step in the right efficient healthcare and healthy out- is part of that process. direction.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.009 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5567 [From the Bellingham Herald, June 12, 2002] state physicians are deciding to stop taking TERRORISM RISK INSURANCE ‘‘MEDIFAIR’’ IS WORKABLE ANSWER Medicare patients. These are alarming trends for the residents Mr. ALLEN. In support of the Har- Our nation’s Medicare system is so fraught of our state. The problem is particularly kin-Allen amendment No. 3838, I do with problems that there is no single cure troubling for Spokane. Here, there is a siz- want to say that our friend and col- for what ails it. Recovery will require mul- able population of low-income and elderly league from Iowa, Senator HARKIN, and tiple remedies over time. Still, U.S. Sen. people who depend on Medicare. In addition, Patty Murray, D–Wash., took a healthy step I, introduced the measure to allow vic- Spokane is a regional center for advanced toward a solution in announcing her tims of terrorist acts to seek judg- medical services—one of the strongest sec- ‘‘Medifair’’ legislation last month. ments in our Federal courts with due tors in our economy. Medicare is a leading Much lip service has been paid to address- process and, if accorded a judgment, be source of the health care industry’s income; ing Medicare issues, but Murray’s bill, still if it fails to cover costs, that’s a serious able to try to get that judgment satis- in draft form, advances the fight. problem. fied from assets of those terrorist orga- It’s no secret that Washington state is at The reimbursement inequity has existed nizations or terrorist assets which have the low end of the scale for reimbursements. for years, but it is getting progressively been seized or frozen by the Federal That’s more than evident in Whatcom Coun- worse. When Medicare set its reimbursement ty, where the Family Care Network and Government. rates years ago, it built them on the status Madrona Medical groups have had to stop This measure allows those people quo, state by state. Medical care was more taking new Medicare patients because they from all across the country, including cost-efficient here than in some states, so re- can’t afford to treat them. Iowa, Virginia, and other States, to get imbursement rates here were set at a lower Despite the fact that everyone pays into satisfaction for compensatory damages level. the system at equal rates, the doctors who But as years went by, physicians have that they have been awarded. I want to treat them are not reimbursed at the same faced a accelerating need to invest in high- again thank our colleague from Iowa, rates. States like California and Florida re- tech equipment, which costs the same every- Senator HARKIN, for his great leader- ceive far higher payments than Washington, where. Medicare’s rates left Washington’s ship and his great efforts in this re- which is being penalized for trying to con- clinics with less money to buy that tech- tain medical costs. The current formula is gard. nology, than doctors had in other states. unfair to both the patients who pay into it I yield the floor. On top of that, in 1997 Congress approved a and to the health-care providers who treat The ACTING PRESIDENT pro tem- series of cuts in Medicare, to balance the fed- them. pore. The Senator from Wyoming. eral budget. Ever since, Medicare has been Murray’s bill would require that every cutting physicians’ reimbursement rates. f state receive at least the national average Doctors in less-efficient states with higher for per-patient spending, which was $5,490 in ENERGY POLICY reimbursement rates had leeway to adopt ef- 2000. Washington received about $3,900 per ficiencies and adjust. Not so, in Washington, Mr. THOMAS. Madam President, I beneficiary in 2000, making it 42nd among where rates are lower. By 2005, that 1997 will make a few remarks this morning the states in per capita spending. budget deal is scheduled to have cut reim- in our remaining time regarding one of Under Murray’s proposal, states that re- bursement rates by 17 percent. the issues before us. We, of course, ceive 105 percent of the average could see As of 2000, Sen. Murray says, Medicare cuts. have spent a good deal of time on emer- spent an average of $3,921 on each Medicare In reality, the bill will face very strong op- gencies over the last number of beneficiary in Washington state. In New position and will be difficult to pass. Big months, and properly so. We have had York it spent $6,924. The national average states will fight hard not to have their reim- was $5,490. Washington’s rate ranked 42nd in emergencies. Obviously, the most com- bursements cut, and the formula could re- the nation. pelling one has been terrorism and quire new revenue that won’t be readily This makes it tough for Washington to homeland defense. available. keep or recruit physicians. In addition to that, we have talked The important thing is that Murray is get- According to a survey by the Washington about a number of other things. We ting the system on the table for examina- State Medical Association, 57 percent of phy- tion. have had fires; agriculture, which we sicians are limiting or dropping Medicare pa- While Washington ranks near the bottom felt is something of an emergency; as tients from their practice. in reimbursements, it ranks closer to the top well as health care, which the Senator Murray’s bill would require Social Secu- in numbers of Medicare clients. The federal rity to correct the inequity; in states such as from Washington talked about. Indeed, plan covers about 750,000 seniors and disabled Washington, Medicare would have to raise most legislation that comes up is sort people in this state, making it 18th in the reimbursement rates to the national aver- of deemed an emergency, at least in nation in client base, according to 1999 fig- age. the view of the sponsor. ures. The proposal has the support of associa- There is one thing which I think U.S. Rep. Rick Larsen, D-Arlington, has al- tions representing the state’s doctors, hos- pretty clearly should be one of the ready announced he’s behind Murray’s idea. pitals and nurses. Good for Sen. Murray, for It’s time for Washington’s other members most important, something that will seeking a solution. The elderly depend on of Congress, on both sides of the aisle, to join affect us over time and one that we can Medicare, and they are counting on Congress this fight and help Washington be a leader in avoid, which is the energy problem in to fix Medicare’s many ailments—including Medicare reform. this one, which threatens the stability of our country. Probably nothing touches [From the Spokesman-Review, June 5, 2002] medical clinics as well as access to the phy- more Americans than energy, whether MURRAY’S BILL RIGHTS MEDICARE INEQUITY sicians that elderly people need. it be electric energy or gasoline for (By John Webster) Mrs. MURRAY. I yield the floor. one’s automobile. Finally, after a considerable amount Unveiling a Medicare-enhancement bill the The ACTING PRESIDENT pro tem- other day, U.S. Sen. Patty Murray told an pore. Under the previous order, the re- of effort in both Houses, we do have an unsettling story: An elderly constituent maining time shall be under the con- energy bill that has passed both wearing a cast on her arm came up to Mur- trol of the Republican leader or his des- Houses. It is designed to give us an en- ray and said that when the time came to get ignee. ergy policy which we have not had for her cast removed, her physician refused to The Senator from Virginia a very long time. Obviously, there are see her because he recently had stopped ac- f differences between the House-passed cepting Medicare patients. bill and the Senate-passed bill. Both of Why would any member of the healing pro- UNANIMOUS CONSENT them have many of the components fession want to shun Medicare, a major AGREEMENT—S. 2600 source of patients? Because, in Washington that were put forth by the President state, Medicare’s reimbursement rates are Mr. ALLEN. Madam President, I ask and the Vice President early last year lousy and getting worse. unanimous consent that amendment in terms of an energy policy. Yester- That’s why Murray introduced S. 2568, the 3838, which will be the second vote day, we had the appointment of a con- MediFair Act of 2002. The bill would compel today, be referred to as the Harkin- ference committee named by the Medicare officials to correct a reimburse- Allen amendment in recognition of the House, and I am pleased with that be- ment inequity. tireless efforts and leadership of our cause we will be able now to go forward The state medical association says this in- colleague from Iowa on this important equity has created such financial difficulty in putting together these two bills and that a growing number of older physicians issue. coming out with an energy policy for are throwing in the towel and retiring; The ACTING PRESIDENT pro tem- the United States. young physicians are moving to states other pore. Without objection, it is so or- I want to emphasize how important than Washington; and, some Washington dered. that is. We have seen some problems

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.016 pfrm04 PsN: S14PT1 S5568 CONGRESSIONAL RECORD — SENATE June 14, 2002 recently in California, of course, and gret it is taking this long. We have HARKIN-ALLEN AMENDMENT ON problems can occur in other places. We been at this an awfully long time. TERRORISM VICTIM’S ACCESS TO will likely see some this summer if we We only dealt with two amendments COMPENSATION continue to have the heat we have had, yesterday that were relevant to the bill Mr. HARKIN. Madam President, and the demand for electric power. despite all the talk about this. There first, I thank the Senator from Vir- There will be some problems, I suppose, are people from the AFL–CIO, to busi- ginia, Senator ALLEN, for bringing this relative to that. ness groups, developers, commercial in- matter to the floor. I was unavoidably We are seeking a policy that does terests, who would like to see the bill detained yesterday. I had a lot of con- several things. No. 1, it avoids having adopted soon because of the inability of stituents from the Greater Des Moines an energy crisis. There is no real need major projects to move forward due to Chamber of Commerce, about 140 for that. We know what is needed. It is the unavailability of terrorism insur- Iowans, with whom I was meeting as very simple to set forth what we have ance. we concluded a very busy day to cap off to have in the future. We are also seek- We have come a long way while wait- their annual work trip to Washington, ing to try to do whatever we can. It is ing to get here. This is an important D.C. Unfortunately, I was unable to be very possible to avoid overdependency issue. The President indicated this, and here in the Chamber to assist and help on imported oil and fuel. We are now 60 the Secretary of the Treasury, and my good friend from Virginia in offer- percent dependent on overseas coun- every organization I know of, with the ing this amendment. tries for our oil supplies. These are our exception of one or two, believe this is I personally thank the Senator from challenges. Virginia for filling in the gap yesterday In addition, an energy policy that something we must do and should have done earlier. We will deal with some of and getting this amendment up on this looks forward to cleaner air and pro- bill. This is an issue that needs to be tecting our environment is one every- the other matters, and I don’t minimize the importance of them, but we addressed and I could not ask for a one is committed to. There will be more dedicated and steadfast ally than great debate over ANWR and whether are getting off track from the underlying bill. The leader feels strongly Senator ALLEN in helping pursue jus- or not a small footprint on 19 million tice for all of the innocent American acres of a wildlife refuge in Alaska about this, as do many Members on both sides. We had some very fine victims of state-sponsored terrorism. would be detrimental. That is yet to be This is an issue that must be addressed decided. speeches yesterday by Members on both sides of the aisle in support of this by this Congress. However that turns out, there are That is why the bipartisan legisla- underlying legislation. things we have to do. One opportunity tion Senator ALLEN and I introduced in we have is to continue to make coal a My hope is sooner, rather than later, April—the Terrorism Victim’s Access cleaner resource. Regarding electric we can adopt S. 2600. We will deal with to Compensation Act (S. 2134) and the generation, 50 percent is generated by some other matters, but I hope to get amendment that Senator ALLEN joins coal. That will continue to grow, I sus- back to the bill and complete it. I am me in offering here take two very im- pect, and be a larger percentage over prepared to stay here as long as we portant steps. First, this amendment time. We need to make sure we can have to and listen to Senators all day would require that compensation be make the coal-generated electricity as today and all day Monday. There will paid first and foremost from the clean as possible. Our bill will provide be no votes until Tuesday, but we can blocked and frozen assets of the state for additional help with respect to dispense with debate today and Mon- sponsors of terrorism and their agents, that. It is important we do that. Coal day and bring us to final closure on not U.S. taxpayers, in cases where is probably the largest energy resource this bill on Tuesday. The leader has to American victims of terrorism secure a we have available in the United States. make some decisions on proceeding, final judgment in our federal courts Regarding gas and oil, again, we have but he is determined the legislation and are awarded compensation accord- become very dependent on imports. We move forward. ingly. have great opportunities in this area in I yield the floor. Second, this amendment provides a the continental United States, in Alas- Mr. LEAHY. What is the parliamen- level playing field for all American vic- ka and the West. We need to do that tary situation? tims of state-sponsored terrorism who and be balanced with the environment are pursuing redress in our federal and production. We need access to pub- The ACTING PRESIDENT pro tem- courts and compensation from the lic lands to do that. We will work on pore. At 9:30, morning business is to be blocked assets of state sponsors of ter- that. closed. rorism, including their agencies and in- We have an opportunity now to deal The Senator from Iowa. strumentalities. with one of the issues that impacts, Mr. HARKIN. Madam President, I Madam President, we are united as probably more than anything else in ask unanimous consent that I be al- Americans to meet the threat of inter- this country, our policy on energy. We lowed to speak for 4 minutes and delay national terrorism. This fight is being are ready to move with that. It needs the vote from 9:35 to 9:39. waged on many fronts, from the moun- to be balanced between renewables, tains of Afghanistan to the borders and Mr. LEAHY. Reserving the right to production, environment, and usage. streets of America. object, and I shall not, has there been We can do that. Even as we track down the terrorists reserved time already on this vote? I yield the floor. and defend America, we must never for- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- get that terrorist acts are ultimately pore. The Senator from Connecticut. pore. There is no time reserved for de- stories of human tragedy. We must f bate on matters. never forget the victims. I am talking about American victims TERRORISM INSURANCE Mr. LEAHY. Madam President, I understood the Senator from Vermont like the dedicated, professional woman Mr. DODD. Madam President, we are had time reserved on the Leahy-Hatch from Waverly, IA, Kathryn Koob, who going to start voting at 9:35. We need a amendment. Am I incorrect on that? sought to build cross-cultural ties be- roadmap to follow as to what we are The ACTING PRESIDENT pro tem- tween the Iranian people and the going to do in the next 45 minutes with pore. There was an order for the Sen- American people only to be taken hos- a variety of votes on matters that are ator to be recognized to offer the tage in the U.S. Embassy in Tehran related in some degree, but mostly un- amendment but no specific time for de- and held captive for 444 nightmarish related, to S. 2600, the terrorism insur- bate. days in Iran. ance bill, the subject of debate all day I am talking about American victims yesterday. We will be continuing with Mr. LEAHY. I thank the Chair. like Taleb Subh from LeClaire, IA, matters that have to be dealt with be- The ACTING PRESIDENT pro tem- who, as a teenager, was visiting rel- fore we get back to that bill. I take a pore. Without objection, the Senator atives in Kuwait and terrorized by Sad- minute or so to express my sincere from Iowa will be recognized for 4 min- dam Hussein and his troops at the out- hope we will get back to that bill. I re- utes. break of the Persian Gulf War.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.018 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5569 These are two examples, but Ameri- Several Senators addressed the the Senate was under Republican con- cans in all 50 states have suffered. That Chair. trol, and passage of this implementa- is why Senator ALLEN and I have joined Mr. HARKIN. Madam President, I tion legislation has been likewise together with 17 co-sponsors on both ask for the yeas and nays. blocked by an anonymous Republican sides of the aisle to advance this legis- The ACTING PRESIDENT pro tem- hold. As I urged in a statement on the lation to ensure that American victims pore. The Senator from Vermont. floor of the Senate on June 7, Repub- of state-sponsored terrorism are justly Mr. LEAHY. I ask for the yeas and lican obstructionism on this anti-ter- compensated for their pain, suffering, nays on both amendments—I withdraw rorism legislation should stop, the and losses. that. anonymous Republican hold on this Current law allows American citizens Madam President, I ask unanimous bill should be lifted and this bill should to sue terrorists for compensation for consent I be allowed to proceed for no pass. their losses. Many Americans have won more than 3 minutes on the Leahy- The International Convention for the verdicts and judgments in our federal Hatch amendment. Suppression of Terrorist Bombings— The ACTING PRESIDENT pro tem- courts, yet have been unable to collect ‘‘Bombing Convention’’—was adopted pore. Without objection, it is so or- even though the U.S. Treasury lawfully by the United Nations General Assem- dered. controls at least $3.7 billion in blocked bly in December 1997 and signed by the or frozen assets of the seven foreign f United States in January 1998. In Sep- governments known to sponsor ter- TERRORIST BOMBINGS tember 1999, it was transmitted to the rorism. Our own government has CONVENTION Senate by President Clinton for ratifi- worked to prevent these families from Mr. LEAHY. Madam President, the cation, but no action was taken on this collecting. In fact, our own State De- Senator from Iowa has left the floor. I treaty while the Senate remained partment and Justice Department have note he and the Senator from Vir- under Republican control. gone into federal court to single out ginia—we had attempted to move the The International Convention for the and block the 52 Americans held hos- Harkin-Allen amendment through the Suppression of Financing Terrorism— tage in Iran and their families from Judiciary Committee yesterday. There ‘‘Financing Convention’’—was adopted even being able to pursue justice in our was an objection to moving it, on the by the United Nations General Assem- federal courts, let alone collect com- Republican side; otherwise, I would bly in December 1999 and signed by the pensation. think we could have had it on the floor United States in January 2000. In Octo- To be clear, current law only applies ber 2000, it was transmitted to the Sen- to terrorist states. At present, seven as a freestanding matter. We are considering the Leahy-Hatch ate by President Clinton for ratifica- foreign governments are officially des- substitute for the Terrorist Bombing tion, but, again, no action was taken ignated by the U.S. State Department Convention. This bill brings the United on this treaty while the Senate re- as state sponsors of terrorism. They States into immediate compliance with mained under Republican control. are Iran, Iraq, Libya, Syria, Sudan, two international conventions signed When the Senate reorganized under a North Korea, and Cuba. It is those by the United States. Both conventions Democratic majority last summer, the state sponsors of international ter- were entered into after the terrorist Foreign Relations Committee under rorism, not the American taxpayer, bombings at the U.S. embassies in the leadership of Chairman BIDEN who must be compelled to pay these Kenya and Tanzania. If anybody wants moved expeditiously to report these costs first and foremost. to know why these treaties are impor- conventions to the full Senate. The The Harkin-Allen Amendment sends antibombing treaty, in particular, sat a clear message to foreign governments tant, look at the news today, the horrific car bombing outside the U.S. con- in the Foreign Relations Committee that sponsor international terrorism: If for approximately 2 years without ac- you sponsor terrorism, if you attack sulate in Karachi, Pakistan. We grieve for the victims; we mourn tion during the Clinton administration innocent Americans, we will pursue with the families of the dead; and we when the Senate was under Republican you, we will bring you to justice, and pray for the speedy recovery of the in- control. Senator BIDEN deserves credit America will literally make you pay. for acting quickly to report these trea- American victims of state-sponsored jured. And, Mr. President, we act. Not terrorism deserve to be compensated tomorrow—not next month—but today. ties shortly after he assumed chair- for their pain, suffering, and losses by We act to protect future victims. We manship of the Foreign Relations Com- those terrorists who sponsor and com- act to punish future evil doers. We act mittee. Under the leadership of Major- mit these terrible acts. The Congress to show that the United States will ity Leader DASCHLE, the two treaties should clear the way for those with lead the international community in were considered by the Senate, which court-ordered judgments to be paid the fight to end such terrorist bomb- gave its consent to ratification by from blocked terrorist assets and, in so ings. That is precisely what my bill, S. unanimous consent on December 5, doing, deter future acts of state-spon- 1770, and the Leahy-Hatch substitute 2001. sored terrorism against innocent does. Although I introduced this bill Yet even as Senator BIDEN and Ma- Americans. over six months ago, today’s events jority Leader DASCHLE were pushing to Again, I appreciate the Senator from should serve as a jolt to us all. The move the treaties themselves through Virginia taking the initiative on this time for delay and obstructionism and the Senate, the Bush administration and getting this amendment up when I partisan bickering is over. It is time to did not transmit proposed imple- was unavoidably detained yesterday. I pass this bill. menting legislation to the Judiciary hope we have a resounding vote in I am pleased the Senate is consid- Committee before or during the time favor of its passage. ering the Leahy-Hatch substitute that we were working together day and Mr. ALLEN. Will the Senator yield? amendment to S. 1770, the ‘‘Terrorist night to write the USA PATRIOT Act, Mr. HARKIN. I yield. Bombing Convention and Suppression the bipartisan antiterrorism legisla- Mr. ALLEN. I say to my good friend of the Financing of Terrorism Conven- tion responding to the events of Sep- from Iowa, Senator HARKIN, this is re- tion Implementation Acts of 2001.’’ tember 11. I remain puzzled why the ad- ferred to as the Harkin-Allen amend- This bill will bring the United States ministration felt that this measure ment. I thank you for your great lead- into immediate compliance with two should be separated from that effort. ership. All of us have a lot of busy important international conventions, Both treaties require the signatory times around here, but we are teamed which were signed by the United States nations to enact certain, precisely together for the victims who ought to and transmitted to the United States worded criminal provisions in their get just compensation from these ter- Senate for ratification by President laws in order to be in compliance. That rorists. Clinton. Both Conventions were en- is what S. 1770, the Leahy bill, does. I Mr. HARKIN. I thank the Senator tered into after the terrorist bombings introduced S. 1770, on December 5, 2001, from Virginia for his kindness and gen- at the United States embassies in shortly after passage of the USA Pa- erosity and for propounding that unan- Kenya and Tanzania. triot Act, as a separate bill. This was imous consent request. He is a gen- Consideration of these important the same day that the Senate agreed to tleman. treaties was inexcusably delayed when ratify both treaties. I then tried to

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.022 pfrm04 PsN: S14PT1 S5570 CONGRESSIONAL RECORD — SENATE June 14, 2002 move the bill quickly through the Sen- discharge or detonation of explosives for each of these tools, and providing ate, but an anonymous Republican hold and other lethal devices ‘‘in, into, or law enforcement with these ancillary blocked passage. against’’ various defined public places provisions is both consistent and ap- Again this year I tried to move the with the intent to kill, cause serious propriate. bill through the Senate, but again bodily injury, or extensively damage Neither international convention re- there was an anonymous hold from the such public places. The Bombing Con- quires a death penalty provision for Republican side of the aisle which vention also requires that signatories any covered crime. Indeed, the Depart- blocked its passage. Had there not been criminalize aiding and abetting, at- ment of Justice, in a memorandum a hold placed on the bill last year, I am tempting, or conspiring to commit dated November 14, 2001 to the Sub- quite sure that we could have resolved such crimes. committee on Crime of the House Judi- any remaining issues in conference, as Articles 2 and 4 of the Financing Con- ciary Committee, made amply clear the Republican-controlled House was vention require signatory countries to that ‘‘the death penalty is not required simultaneously passing its own version criminalize willfully ‘‘providing or col- by the Convention’’ and would not be of my bill. lecting’’ funds, directly or indirectly, required to bring the United States After the anonymous hold was placed with knowledge that they are to be into compliance. This should come as on S. 1770 at the end of the last session, used to carry out acts which either (1) no surprise, given international senti- we received a letter from the Depart- violate nine enumerated existing trea- ment opposing the United States’ use ment of Justice on January 29, 2002, ties, or (2) are aimed at killing or in- of the death penalty in other contexts. about the bill. The letter stated that juring civilians with the purpose of in- The inclusion of a death penalty pro- the Department ‘‘support[ed] the legis- timidating a population or compelling vision in the implementing legislation lation but recommend[ed] several a government to do any act. The Fi- for these conventions could lead to modifications.’’ None of the modifica- nancing Convention also requires that complications in extraditing individ- tions which the Department rec- signatories criminalize aiding and uals to the United States from coun- ommended dealt with issues that were abetting, attempting, or conspiring to tries that do not employ the death pen- necessary for compliance with the trea- commit such crimes. Signatories must alty. Therefore, unlike the House ties, the basic purpose of the bill. The criminalize such acts under Article 2 version of the implementing legisla- legislation I originally introduced whether or not ‘‘the funds were actu- tion, the original Senate version of S. would bring this country into full com- ally used to carry out’’ such an offense. 1770 contained no new death penalty pliance with those important obliga- Both conventions require that signa- provision. tions and take away an excuse from na- tory nations exercise limited The Administration’s insistence on tions that are hesitant to cooperate in extraterritorial jurisdiction and extra- adding yet another death penalty to the war against terrorism. dite or prosecute those who commit our federal criminal laws is especially The recent spate of horrible suicide such crimes when found inside their inexplicable given the context of this bombings around the world and the borders. The conventions also require implementing legislation. The chief fact that the convention prohibiting that signatories ensure that, under purpose of the Terrorist Bombing Con- terrorist financing entered into force their domestic laws, political, reli- vention is to foster international co- on April 10, 2002, demonstrate the gious, ideological, racial or other simi- operation and decrease hurdles to expressing need for this legislation. As if lar considerations are not a justifica- tradition in terrorism cases. The that was not enough, only last month tion for committing the enumerated United States, understandably, wants the FBI Director warned that he be- crimes. Thus, signatory nations will those who victimize its citizens around lieves that suicide bombings in the not be able to assert such bases to deny the world to be subject to trial and United States are ‘‘inevitable,’’ bring- an extradition request for a covered punishment in our own courts. Beyond ing home the point that this legisla- crime. Finally, Article 4 of each con- that purpose, the legislation is largely tion is required both to fight terrorism vention requires that signatory states duplicative of existing state and fed- at home and abroad. Nevertheless, S. make the covered offenses ‘‘punishable eral laws. 1770 has been subjected to an anony- by appropriate penalties which take Even in the recent terrorism context, mous Republican hold since December into account the grave nature of [the] however, where the desire to assist the of last year. offenses.’’ United States is at its peak, our closest In the post-September 11 environ- S. 1770 and the substitute amend- allies have balked or obstructed our ment it is almost beyond my under- ment, consistent with the House prosecution efforts when the death pen- standing why any Member of this body version of this bill, H.R. 3275, create alty has been implicated, wasting valu- would secretly obstruct passage of an two new crimes (one for bombings and able time in our proactive efforts to important piece of antiterrorism legis- another for financing terrorist acts) prevent future attacks. For instance, lation—yet here we are in June, that track precisely the language in according to press reports France of- blocked from compliance with two the treaties, and bring the United fered legal assistance to Zacarrias international terrorism treaties by a States into compliance. The legislation Moussaoui, the so-called ‘‘20th Hi- secret Republican hold. As the Admin- also provides extraterritorial jurisdic- jacker,’’ in part due to the decision to istration has made clear, both Conven- tion as required by the conventions. seek the death penalty in his case. tions are: Furthermore the bill creates domestic Spain also refused to extradite a highly important to insure that all nations have in jurisdiction for these crimes in limited dangerous group of terrorists to the place laws to enable full and effective inter- situations where a national interest is United States based upon concerns national cooperation against terrorism. By implicated, while excluding jurisdic- about the death penalty, and a Euro- enacting this legislation, the United States tion over acts where the conventions pean Union raises similar concerns. will be in a position to lead the cooperative do not require such jurisdiction and This week the Washington Post re- effort against terrorist bombings and ter- there is no distinct federal interest ported that Germany also is refusing to rorist finances. served. fully cooperate in the prosecution of See Statement of Administration Pol- The bill, again consistent with the Moussaoui because the United States is icy, December 19, 2001. H.R. 3275, also contains ‘‘ancillary pro- seeking the death penalty in that case. The legislation meets our obligations visions’’ that would make the two new In short, the primary purpose of this under the treaties in the following crimes predicates for money laun- implementing legislation, fostering ways. Both conventions require signa- dering and RICO charges, and for wire- international cooperation, may be de- tory nations to adopt criminal laws taps. The two provisions would also be feated by the White House’s insistence prohibiting specified terrorist activi- subject to an 8-year statute of limita- on the inclusion of a death penalty pro- ties in order to create a regime of uni- tions and included as a ‘‘federal crime vision in this bill. versal jurisdiction over certain crimes. of terrorism.’’ Finally, civil asset for- Nevertheless, at the insistence of the Articles 2 and 4 of the Bombing Con- feiture would be available for the new White House, the substitute amend- vention require signatory countries to terrorism financing crime. Existing ment would allow the government to criminalize the delivery, placement, anti-terrorism crimes are predicates seek the death penalty in bombing

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.025 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5571 cases where death results, by reference I am pleased that obstructing has to significantly damage the targeted public to the existing death penalty provision stopped on this important imple- place or facility. Further, for the purpose of found in 18 U.S.C. § 2332a, prohibiting menting legislation for two anti-ter- subsection (a), when determining whether the use of weapons of mass destruction. rorism treaties that are intended to in- the act resulted in, or was likely to result in, Unlike H.R. 3275, the original Senate major economic loss, the physical damage to crease protections for our national se- the targeted place or facility may be consid- version of S. 1770 also did not contain a curity by enhancing international co- ered, as well as other types of economic loss third new crime for ‘‘concealment’’ of operation in the fight against ter- including, but not limited to, the monetary material support for terrorists. The De- rorism. loss or other adverse effects resulting from partment of Justice conceded in the I ask unanimous consent for the sub- the interruption of its activities. The ad- November, 2001, memorandum that this stitute to be printed in its entirety the verse effects on non- targeted entities and provision was not necessary to bring record at the conclusion of my remarks individuals, the economy and the govern- the United States into compliance with along with the sectional analysis in- ment may also be considered in this deter- the conventions, stating, ‘‘the conceal- cluding a summary of the changes mination insofar as they are due to the destruction caused by the unlawful act. ment offense set forth in proposed 18 made by the substitute to the original Subsection (b) establishes the jurisdic- U.S.C. § 2339(c)(b) does not directly im- bill. tional bases for the covered offenses and in- plement the Convention.’’ Indeed, in ANTI-TERRORISM CONVENTIONS IMPLEMENTA- cludes jurisdiction over perpetrators of of- the wake of the passage of new money TION—SECTION-BY-SECTION ANALYSIS fenses abroad who are subsequently found laundering provisions in the USA PA- TITLE I—SUPPRESSION OF TERRORIST BOMBINGS within the United States. This provision im- TRIOT Act, P.L. No. 107–56, and due to Title I of this bill implements the Inter- plements a crucial element of the Conven- the existence of a concealment crime national Convention for the Suppression of tion (Article 8(1)), which requires all State under 18 U.S.C. § 2339A, with which the Terrorist Bombings, which was signed by the Parties to either extradite or prosecute perpetrators of offenses covered by the Conven- Department of Justice recently United States on January 12, 1998, and was transmitted to the Senate for its advice and tion who are found within the jurisdiction of charged several people in New York, in- consent to ratification on September 8, 1999. a State Party. While current Federal or cluding a criminal defense attorney, Twenty-eight States are currently party to State criminal laws encompass all the activ- such legislation is largely duplicative the Convention, which entered into force ity prohibited by the Convention that occurs of existing law. More problematic, internationally on May 23, 2001. The Conven- within the United States, subsection (b)(1) however, is the fact that the House bill tion requires State Parties to combat ter- ensures Federal jurisdiction where there is a provided a lower mens rea requirement rorism by criminalizing certain attacks on unique Federal interest, e.g., a foreign gov- than § 2339A, an important change that public places committed with explosives or ernment is the victim of the crime or the of- other lethal devices, including biological, fense is committed in an attempt to compel was not highlighted or explained in the chemical and radiological devices. The Con- the United States to do or abstain from Administration’s accompanying mate- vention also requires that State Parties doing any act. rials. criminalize aiding and abetting, conspiring Subsection (c) establishes the penalties for The substitute amendment contains and attempting to undertake such terrorist committing the covered crimes at any term a new crime of concealment that attacks. of years or life. This provision differs from tracks the existing mens rea require- Section 101. Short Title the Administration proposal, which sought to add a new death penalty provision for this ments of § 2339A, so that a large class of Section 101 provides that title I may be crime, despite the fact that such a provision non terrorist related activity is not in- cited as ‘‘The Terrorist Bombings Conven- is not required for compliance under the tion Implementation Act of 2001.’’ advertently covered. This new crime Convention and may create hurdles in seek- would be punishable by ten years im- Section 102. Bombing Statute ing extradition to the United States under prisonment. Section 102 adds a new section to the Fed- this statute. Finally, the original Senate bill con- eral criminal code, to be codified at 18 U.S.C. Subsection (d) sets forth certain exemp- tained an important new tool for inter- §2332f and entitled ‘‘Bombings of places of tions to jurisdiction as provided by the Con- national cooperation between law en- public use, government facilities, public vention. Specifically, the subsection exempts transportation systems and infrastructure from jurisdiction activities of armed forces forcement which is not included in facilities,’’ which makes terrorist acts cov- H.R. 3275 and has been deleted from the during an armed conflict and activities un- ered by the Convention a crime. New section dertaken by military forces of a State in the substitute amendment. Currently, 2332f supplements and does not supplant ex- exercise of their official duties. there is no clear statutory authority isting Federal and State laws, and contains Subsection (e) contains definitions of allowing domestic law enforcement five subsections, which are described below. twelve terms that are used in the new law. agents to share Title III wiretap infor- Subsection (a) makes it a crime to unlaw- Six of those definitions (‘‘State or govern- mation with foreign law enforcement fully place or detonate an explosive in cer- ment facility,’’ ‘‘infrastructure facility,’’ counterparts. This may create prob- tain public places and facilities with the in- ‘‘place of public use,’’ ‘‘public transportation tent to cause death or serious bodily injury, lems when, for example, the DEA seeks system,’’ ‘‘other lethal device,’’ and ‘‘mili- or with the intent to cause extensive de- tary forces of a State’’) are the same defini- to alert Colombian authorities that a struction, where such destruction results in, tions used in the Convention. Four addi- cocaine shipment is about to leave a or is likely to result in, major economic loss. tional definitions (‘‘serious bodily injury,’’ Colombian port but the information is Conspiracies and attempts to commit such ‘‘explosive,’’ ‘‘national of the United derived from a Title III wiretap. crimes are also criminalized. This provision States,’’ and ‘‘intergovernmental organiza- The original bill would have clarified implements Article 2, paragraphs 1, 2 and 3 tion’’) are definitions that already exist in the authority for sharing wiretap de- of the Convention. other U.S. statutes. One of those definitions rived information, specifically in the Inclusion of the term ‘‘unlawfully’’ in sub- (‘‘armed conflict’’) is defined consistent with section (a), which is mirrored in Article 2 of an international instrument relating to the Title III context. The bill provided a the Convention defining the offenses, is in- clear mechanism through which law law of war, and a U.S. Understanding to the tended to allow what would be considered Convention that is recommended to be made enforcement could share wiretap infor- under U.S. law as common law defenses. For at the time of U.S. ratification. The final mation with foreign law enforcement, purposes of subsection (a), whether a person term (‘‘State’’) has the same meaning as while at the same time ensuring that acts ‘‘unlawfully’’ will depend on whether he that term has under international law. there are appropriate safeguards to is acting within the scope of authority recog- Section 103. Effective Date nized under and consistent with existing U.S. protect this sensitive information Since the purpose of Title I is to imple- against misuse. It added a subsection law, which reflects international law principles, such as self defense or lawful use of ment the Convention, section 103 provides to 18 U.S.C. § 2517, permitting disclo- force by police authorities. This language is that the new criminal offense created in Sec- sure of wiretap information to foreign not to be construed as permitting the asser- tion 102 will not become effective until the officials (1) with judicial approval, (2) tion, as a defense to prosecution under new date that the Convention enters into force in in such a manner and under such condi- section 2332f, that a person purportedly acted the United States. This will ensure imme- under authority conveyed by any particular diate compliance of the United States with tions as a court may direct, and (3) its obligations under the Convention. consistent with Attorney General foreign government or official. Such a construction, which would exempt State-spon- TITLE II—SUPPRESSION OF THE FINANCING OF guidelines on how the information may TERRORISM be used to protect confidentiality. Un- sored terrorism, would be clearly at odds with the purpose of the Convention and this Title II implements the International Con- fortunately, due to the White House’s implementing legislation. vention for the Suppression of the Financing objection, the substitute removes it With respect to the mens rea provision of of Terrorism, which was signed by the from the bill. subsection (a), it is sufficient if the intent is United States on January 10, 2000, and was

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.026 pfrm04 PsN: S14PT1 S5572 CONGRESSIONAL RECORD — SENATE June 14, 2002 transmitted to the Senate for its advice and within its ambit existing international orga- enforcement officials. The provision requires consent to ratification on October 12, 2000. nizations. The definitions for ‘‘international a court order prior to making such a disclo- The Convention is not yet in force inter- organization,’’ ‘‘serious bodily injury,’’ and sure and sets the standards for the issuance nationally, but will enter into force 30 days ‘‘national of the United States’’ incorporate of such an order. It is intended to allow for- after the deposit of the 22nd instrument of definitions for those terms that already exist eign disclosure only to enforce the criminal ratification with the U.N. Secretary-General. in other U.S. statutes. One of the definitions laws of either the United States or the for- Once in force, the Convention requires State (‘‘armed conflict’’) is defined consistent with eign nation. It also requires that an attorney Parties to combat terrorism by criminal- international instruments relating to the for the government certify that the foreign izing certain financial transactions made in law of war. The final term (‘‘State’’) has the officials who are to receive the wiretap infor- furtherance of various terrorist activities. same meaning as that term has under inter- mation have been informed of the Attorney The Convention also requires that State Par- national law. General’s guidelines protecting confiden- ties criminalize conspiracies and attempts to Subsection (e) creates a civil penalty of at tiality. This provision is intended to enhance undertake such financing. least $10,000 payable to the United States, the ability of domestic law enforcement to work with their foreign counterparts to in- Section 201. Short Title against any legal entity in the United vestigate international criminal activity at Section 201 provides that title II may be States, if any person responsible for the management or control of that legal entity the same time as protecting against im- cited as ‘‘The Suppression of Financing of proper use of such wiretap information. Terrorism Convention Implementation Act has, in that capacity, committed an offense of 2001.’’ set forth in subsection (a) of the new section Mr. LEAHY. Madam President, we 2339C. This civil penalty may be imposed re- must act. The United States must lead Section 202. Terrorism Financing Statute gardless of whether there is a conviction of the international community in the Section 202(a) adds a new section to the such person under subsection (a), and is in Federal criminal code, to be codified at 18 fight to end such terrorist bombings. addition to any other criminal, civil, or ad- This is precisely what the Leahy-Hatch U.S.C. §2339C and entitled ‘‘Prohibitions ministrative liability or penalty allowable against the financing of terrorism,’’ which substitute does. We have been trying to under United States law. Subsection (e) ful- pass this legislation for 6 months. We makes financial acts covered by the Conven- fills Article 5 of the Convention. tion a crime. New section 2339C supplements have been trying to clear it. We have Section 203. Effective Date and does not supplant existing Federal and been involved with the White House to State laws, and contains five subsections, Section 203 provides that those provisions reach a consensus. of the Act that may be implemented imme- which are described below. I thank Senator HATCH for his work, Subsection (a) makes it a crime to provide diately shall become effective upon enactment. However, two jurisdictional provisions and the White House. We have worked or collect funds with the intention or knowl- out the whole matter with the White edge that such funds are to be used to carry will not become effective until the Financing out certain terrorist acts. Conspiracies and Convention enters into force for the United House and with Senators. I urge its attempts to commit these crimes are also States. Those provisions are the new 18 passage. I urge its passage with as criminalized. This subsection implements U.S.C. §§ 2339C(b)(1)(D) and (2)(B). In addi- large a vote as possible. Article 2, paragraphs 1, 3, 4 and 5 of the Con- tion, new 18 U.S.C. § 2339C(d)(7)(I), which is a I yield the remainder of our time. vention. definitional section specifically linked to the Mr. ENZI. Madam President, I rise in Subsection (b) establishes the jurisdic- Bombing Convention, will not become effec- support of H.R. 3275. I am very pleased tional bases for the covered offenses under tive until that Convention enters into effect. that the Senate is considering this val- section 2339C(a) and includes jurisdiction TITLE III—ANCILLARY MEASURES uable legislation which would make over perpetrators of offenses abroad who are Title III, which is not required by the the United States compliant with two subsequently found within the United International Conventions but will assist in very important treaties. States. This provision implements a crucial federal enforcement, adds the new 18 U.S.C. I believe one of our most significant element of the Convention (Article 10), which §§ 2332f and 2339C to several existing provi- duties, as the United States Senate, is requires all State Parties to either extradite sions of law. or prosecute perpetrators of offenses covered the consideration of treaties for ratifi- Section 301. Ancillary Measures by the Convention who are found within the cation. We alone have the responsi- territory of a State Party. The structure of Sections 2332f and 2339C are made predi- bility to give advice and consent to this provision is designed to accommodate cates under the wiretap statute (18 U.S.C. international understandings and the structure of the Convention, which sets § 2516(1)(q)) and under the statute relating to agreements made by the executive forth both mandatory and permissive bases the provision of material support to terrorists (18 U.S.C. § 2339A). Sections 2332f and branch of our Government. of jurisdiction, and excludes certain offenses The two treaties this legislation ad- that lack an international nexus. Some por- 2339C are also added to those offenses defined as a ‘‘Federal crime of terrorism’’ under 18 dresses are part of a nearly four-decade tions of this provision go beyond the juris- process of conventions considering acts dictional bases required or expressly per- U.S.C. § 2332b(g)(5)(B), as amended by the mitted under the Convention, however, USA PATRIOT Act. P.L. No. 107–56. In addi- of terrorism. As we debate this legisla- where expanded jurisdiction is desirable tion, a provision is added to the civil asset tion, we are examining long-term glob- from a policy perspective because a unique forfeiture statute that makes this tool avail- al means to address the threat of ter- Federal interest is implicated and is con- able in the case of a violation of 18 U.S.C. rorism. The Convention on the Sup- sistent with the Constitution. § 2339C. These provisions are consistent with pression of Terrorist Bombings and the Subsection (c) establishes the penalties for the treatment of similar Federal crimes already in existence. Convention for the Suppression of the committing the covered crimes at imprison- Financing of Terrorism require the TITLE IV—FOREIGN DISCLOSURE OF WIRETAP ment for not more than 20 years, a fine under United States and any country adopt- title 18, United States Code, or both. This INTERCEPTS ing the treaties to criminalize terrorist penalty is consistent with the current pen- This provision, which is not required by alties for money laundering offenses. See 18 the International Conventions, clarifies that bombings and to criminalize direct or U.S.C. §1956. Federal law enforcement authorities may indirect financing of terrorist acts. Subsection (d) contains 13 definitions of disclose otherwise confidential wiretap infor- The Financing Convention addresses terms that are used in the new law. Two of mation to their foreign counterparts with some of the issues we worked on last those definitions (‘‘government facility,’’ appropriate judicial approval. This provision year. The Senate has already approved and ‘‘proceeds’’) are the same definitions is intended to ensure effective cooperation antiterrorism legislation that included used in the Convention. The definition for between domestic and foreign law enforce- provisions dealing with money laun- ‘‘funds’’ is identical to that contained in the ment in the investigation and prosecution of dering issues which help deter and pun- Convention with the exception that coins international criminal organizations. ish terrorist acts and would enhance and currency are expressly mentioned as Section 401. Short Title money. The definitions for ‘‘provides’’ and law enforcement investigatory tools. ‘‘collects’’ reflect the broad scope of the Con- Section 401 provides that title IV may be The legislation established rule-mak- vention. The definition for ‘‘predicate acts’’ cited as ‘‘The Foreign Law Enforcement Co- ing procedures for the U.S. Treasury, specifies the activity for which the funds operation Act of 2001.’’ clarified guidelines for international were being provided or collected. These are Section 402. Amendment to Wiretap Statute banking, and maintained account- the acts referred to in subparagraphs (A) and Section 402 adds a new subsection to 18 ability considerations for individuals (B) of section 2339C(a)(1). The definition of U.S.C. § 2517 that governs the disclosure of and financial institutions. I believe it ‘‘treaty’’ sets forth the nine international otherwise confidential information gathered conventions dealing with counter-terrorism pursuant to a Title III wiretap. This provi- is imperative that we continue to ad- found in the Annex to the Convention. The sion clarifies the authority of domestic law dress terrorist financing domestically term ‘‘intergovernmental organization,’’ enforcement officers to disclose such infor- as well as internationally. In response which is used in the Convention, is specifi- mation as may show a violation of either do- to requests by the United States, coun- cally defined to make clear that it contains mestic or foreign criminal law to foreign law tries throughout the world began the

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.020 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5573 search for terrorists’ financial assets. Financing of Terrorism. The U.S. torney General Janet Reno ordered a The freezing of these assets is a first signed these conventions, which were further analysis of why these dispari- step to the eradication of global ter- later ratified by the Senate on Decem- ties exist. And Attorney General rorist organizations. ber 5, 2001. These two conventions are Ashcroft has agreed to continue this On September 28 of last year, the vital to our efforts to fight terrorism. study. United Nations Security Council adopt- These conventions will fill an impor- We have not yet seen the results of ed Resolution 1373 which established a tant gap in international law by ex- this study, nor have we had the oppor- set of legally binding obligations for panding the legal framework for inter- tunity to review and understand what each member nation. Now, this is quite national cooperation in the investiga- the results might mean for the fairness significant because there are not a lot tion, prosecution, and extradition of and integrity of our federal justice sys- of legally binding resolutions consid- persons who engage in bombings and fi- tem. While this important study is un- ered by the Security Council. Resolu- nancially support terrorist organiza- derway, Congress should not create tion 1373 requires each nation to pre- tions. Both conventions require par- even more death-eligible crimes. vent the financing of terrorism, deny ticipating countries to pass specific As Governor George Ryan of Illinois safe haven to terrorists, and increase criminal laws to implement those na- said at a hearing I held on June 12th in cooperation and information sharing in tions’ obligations under the conven- the Senate Judiciary Subcommittee on these efforts. Resolution 1373, which tions. the Constitution on the report of the passed with our support, also directs But while these conventions do not Illinois Governor’s Commission on Cap- nations to ratify all outstanding ter- require a death penalty, the House bill ital Punishment, ‘‘especially after Sep- rorism related conventions. and the proposed amendment to the tember 11, . . . the United States must Nations, both allies and former ad- Senate bill would authorize the use of be a model for the rest of the world. versaries, overwhelmingly acted to the death penalty by the United And that means our justice system sign, ratify, and become compliant States. Not only do I oppose the expan- should be the glowing example for the with a number of terrorism conven- sion of the Federal death penalty at a pursuit of truth and justice. It must be tions. It has taken the United States time when Americans are questioning fair and compassionate.’’ nearly 9 months to do so. The Senate the fairness of the administration of There is no question that we should Foreign Relations Committee held a this punishment, but I also fear that prosecute and punish severely those re- hearing on these treaties last October expanding the Federal death penalty sponsible for the horrific attacks on and approved them in November. The through this implementing legislation our nation on September 11th or those full Senate ratified the treaties in De- will undermine our fight against ter- who may plan or perpetrate acts of ter- cember. rorism. ror in the future. But I am very con- Now, most people might think that I fear that the inclusion of a death cerned that the bill’s provision for the once the Senate gives its advice and penalty could actually thwart the pur- death penalty against suspected terror- consent to a treaty, it is ratified and pose of these conventions. Instead of ists could undermine the purpose of the the United States is full party to the encouraging international cooperation conventions and our ability to seek agreement. This could only be seen as in the fight against terrorism, this im- vital information and cooperation from a ‘‘virtual’’ ratification. It is not, how- plementing legislation threatens to other nations. I fear that the death ever, until the United States is fully hamper international cooperation to penalty provision will weaken, not compliant with the treaty that the prevent and punish terrorist bombings strengthen, our hand in pursuing ter- President can deposit our articles of and financing of terrorist organiza- rorists, especially our global efforts to ratification and we become full treaty tions. Many nations, including our bring alleged terrorists to justice and members. closest allies in the fight against ter- to prevent future acts of terror. It is this last step where the Senate rorism, may refuse to extradite sus- For these reasons, I cannot in good faltered. We had the House approved pects to nations where those suspects conscience support H.R. 3275, the pro- implementing legislation last Decem- will face the death penalty. Already posed Leahy substitute amendment to ber. We are only now, in June, contem- our allies like France and Germany H.R. 3275, the proposed Leahy-Hatch plating its passage. We cannot drag our have expressed their concerns about ex- amendment to S. 1770, or S. 1770, if the feet any longer. traditing individuals or sharing infor- amendment should be adopted. Today we are considering imple- mation concerning al-Qaeda suspects menting language. We are ready to out of concern that the United States f vote. We are ready to make the United will seek the death penalty against CONCLUSION OF MORNING States compliant with important trea- suspected terrorists. As this experience BUSINESS ties that can help us fight against ter- obviously shows, it doesn’t serve the The ACTING PRESIDENT pro tem- rorism. The amendment language is cause of justice, peace, or freedom to pore. Morning business is closed. identical to the version passed by the include a death penalty provision in House in December. It is the right lan- this important bill. f Moreover, this is not the time to ex- guage, the appropriate language and TERRORISM RISK INSURANCE ACT pand the Federal death penalty. Ameri- should pass the Senate today. OF 2002 I encourage my colleagues to support cans are increasingly recognizing that this amendment, support the fight the current death penalty system is The ACTING PRESIDENT pro tem- against terrorism, and support making broken, and risks executing the inno- pore. Under the previous order, the the United States compliant to these cent or applying the ultimate punish- Senate will now resume consideration two valuable international agreements. ment disproportionately to those who of S. 2600, which the clerk will report. Mr. FEINGOLD. Madam President, I may live in the ‘‘wrong’’ part of the The legislative clerk read as follows: rise today to oppose a provision in H.R. country, have the ‘‘wrong’’ color skin, A bill (S. 2600) to ensure the continued fi- 3275, the Terrorist Bombings Conven- or just not have the money to pay for nancial capacity of the insurers to provide tion Implementation Act, and the pro- a ‘‘dream team’’ defense. coverage for risks from terrorism. posed Leahy-Hatch amendment to S. These problems plague the integrity Pending: 1770, the Senate version of this imple- of the justice system at the state and Santorum amendment No. 3842, to implementing legislation, which would au- federal levels. A report released by the ment the International Convention for the thorize the use of the death penalty by Justice Department in September 2000 Suppression of Terrorist Bombings to the Federal Government. showed troubling racial and geographic strengthen criminal laws relating to attacks This bill seeks to implement into disparities in the administration of the on places of public use, to implement the Federal law the obligations of the federal death penalty. The color of a International Convention of the Suppression of the Financing of Terrorism, to combat United States under the International defendant’s skin or the federal district terrorism and defend the Nation against ter- Convention for the Suppression of Ter- in which the prosecution takes place rorist acts. rorist Bombings and the International can affect whether a defendant lives or Allen amendment No. 3838, to provide for Convention for the Suppression of the dies in the federal system. Former At- satisfaction of judgments from frozen assets

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.061 pfrm04 PsN: S14PT1 S5574 CONGRESSIONAL RECORD — SENATE June 14, 2002 of terrorists, terrorist organizations, and Senator from North Dakota (Mr. Mr. ALLEN. The Harkin-Allen state sponsors of terrorism. CONRAD), the Senator from North Da- amendment. Brownback amendment No. 3843, to pro- kota (Mr. DORGAN), the Senator from Mr. DASCHLE. I am sorry, the Har- hibit the patentability of human organisms. Hawaii (Mr. INOUYE), the Senator from kin-Allen amendment. Once the Har- Ensign amendment No. 3844 (to amendment kin-Allen amendment is disposed of, No. 3843), to prohibit the patentability of Vermont (Mr. JEFFORDS), and the Sen- human organisms. ator from New Jersey (Mr. TORRICELLI) the pending business is the Ensign and Brownback amendments. I know Sen- AMENDMENT NO. 3842 WITHDRAWN are necessarily absent. ator BROWNBACK could not be here The ACTING PRESIDENT pro tem- I further announce that if present today. So I ask unanimous consent pore. Under the previous order, the and voting, the Senator from North that the Brownback amendment be set amendment numbered 3842 is with- Dakota (Mr. CONRAD) and the Senator aside so that we can entertain other drawn. from New Jersey (Mr. TORRICELLI) would each vote ‘‘aye.’’ amendments. f Mr. NICKLES. I announce that the The PRESIDING OFFICER. Is there TERRORIST BOMBINGS CONVEN- Senator from Colorado (Mr. ALLARD), objection? TION IMPLEMENTATION ACT OF the Senator from Utah (Mr. BENNETT), Mr. ENSIGN. Mr. President, reserv- 2001 the Senator from Kansas (Mr. ing the right to object. The PRESIDING OFFICER. The Sen- BROWNBACK), the Senator from Ken- The ACTING PRESIDENT pro tem- ator from Nevada. tucky (Mr. BUNNING), the Senator from pore. Under the previous order, the Ju- Mr. ENSIGN. Could you repeat the Montana (Mr. BURNS), the Senator diciary Committee is discharged from unanimous consent request? further consideration of H.R. 3275 and from Idaho (Mr. CRAPO), the Senator Mr. DASCHLE. Mr. President, I ask the Senate will now proceed to its con- from Utah (Mr. HATCH), the Senator unanimous consent that the Ensign sideration. from North Carolina (Mr. HELMS), the and Brownback amendments be set The clerk will report the bill by title. Senator from Alaska (Mr. MURKOWSKI), aside so we can entertain other amend- The legislative clerk read as follows: and the Senator from Kansas (Mr. ROB- ments today and on Monday. A bill (H.R. 3275) to implement the Inter- ERTS) are necessarily absent. The PRESIDING OFFICER. Is there national Convention for the Suppression of I further announce that if present objection? Terrorist Bombings to strengthen criminal and voting the Senator from Utah (Mr. Mr. ENSIGN. I would have to object laws relating to attacks on places of public HATCH) and the Senator from Kentucky at this time until we can have a discus- use, to implement the International Conven- (Mr. BUNNING) would each vote ‘‘yea.’’ sion about that. tion of the Suppression of the Financing of The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Objec- Terrorism, to combat terrorism and defend CORZINE). Are there any other Senators tion is heard. the Nation against terrorist acts, and for in the Chamber desiring to vote? other purposes. f The result was announced—yeas 83, AMENDMENT NO. 3847 nays 1, as follows: TERRORIST BOMBINGS CONVEN- The ACTING PRESIDENT pro tem- TION IMPLEMENTATION ACT OF [Rollcall Vote No. 154 Leg.] pore. Under the previous order, the 2001 YEAS—83 Senator from Vermont, Mr. LEAHY, or The PRESIDING OFFICER. Under his designee, is to be recognized now to Akaka Enzi Mikulski Allen Feinstein Miller the previous order, the Judiciary Com- offer an amendment. Baucus Fitzgerald Murray mittee is discharged from further con- Mr. LEAHY. Madam President, I call Bayh Frist Nelson (FL) sideration of S. 1770, and the Senate up my amendment which is at the Biden Graham Nelson (NE) will now proceed to its consideration. desk. Bingaman Gramm Nickles Bond Grassley Reed The clerk will report the bill by title. The ACTING PRESIDENT pro tem- Breaux Gregg Reid The senior assistant bill clerk read as pore. The clerk will report the amend- Byrd Hagel Rockefeller follows: ment. Campbell Harkin Santorum A bill (S. 1770) to implement the Inter- Cantwell Hollings Sarbanes The legislative clerk read as follows: Carnahan Hutchinson Schumer national Convention for the Suppression of The Senator from Vermont (Mr. LEAHY), Carper Hutchison Sessions Terrorist Bombings to strengthen criminal for himself and Mr. HATCH, proposes an Chafee Inhofe Shelby laws relating to attacks on places of public amendment numbered 3847. Cleland Johnson Smith (NH) use, to implement the International Conven- Clinton Kennedy Smith (OR) tion of the Suppression of the Financing of (The amendment is printed in today’s Cochran Kerry Snowe Terrorism, to combat terrorism and defend RECORD under ‘‘Text Of Amendments.’’) Collins Kohl Specter the Nation against terrorist acts, and for The ACTING PRESIDENT pro tem- Corzine Kyl Stabenow Craig Landrieu Stevens other purposes. pore. Is there further debate on this Daschle Leahy Thomas The PRESIDING OFFICER. Under amendment? Dayton Levin Thompson the previous order, the Senator from If not, the question is on agreeing to DeWine Lieberman Thurmond Dodd Lincoln Voinovich Vermont, Mr. LEAHY, or his designee, is the amendment. Domenici Lott Warner to be recognized to offer an amend- The amendment (No. 3847) was agreed Durbin Lugar Wellstone ment. to. Edwards McCain Wyden Ensign McConnell AMENDMENT NO. 3848 The ACTING PRESIDENT pro tem- (Purpose: To propose a substitute) pore. The question is on the engross- NAYS—1 Mr. LEAHY. Mr. President, I call up ment of the amendment and third read- Feingold my amendment at the desk. ing of the bill. NOT VOTING—16 The PRESIDING OFFICER. The The amendment was ordered to be Allard Conrad Jeffords clerk will report the amendment. engrossed, and the bill to be read a Bennett Crapo Murkowski The senior assistant bill clerk read as third time. Boxer Dorgan Roberts follows: Brownback Hatch Torricelli The bill was read a third time. The Senator from Vermont [Mr. LEAHY], Mr. LEAHY. Madam President, I ask Bunning Helms Burns Inouye for himself and Mr. HATCH, proposes an for the yeas and nays. amendment numbered 3848. The ACTING PRESIDENT pro tem- The bill (H.R. 3275), as amended, was Mr. LEAHY. Mr. President, I ask pore. Is there a sufficient second? passed. unanimous consent reading of the There is a sufficient second. f amendment be dispensed with. The bill having been read the third The PRESIDING OFFICER. Without UNANIMOUS CONSENT REQUEST time, the question is, Shall the bill objection, it is so ordered. pass? The PRESIDING OFFICER. The ma- (The amendment is printed in today’s The clerk will call the roll. jority leader. RECORD under ‘‘Text of Amendments.’’) The legislative clerk called the roll. Mr. DASCHLE. Mr. President, we are The PRESIDING OFFICER. The Mr. REID. I announce that the Sen- about to vote on the Allen question is on agreeing to the amend- ator from California (Mrs. BOXER), the amendment—— ment.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.028 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5575 The amendment (No. 3848) was agreed [Rollcall Vote No. 155 Leg.] I hope we can achieve cloture on the to. YEAS—81 terrorism bill. Of course, that is still The PRESIDING OFFICER. The Akaka Enzi Mikulski accommodating Senators who wish to clerk will read the bill for the third Allen Feingold Miller offer amendments for a 30-hour period Baucus Feinstein Murray following the cloture vote should it be time. Bayh Fitzgerald Nelson (FL) The bill was ordered to be engrossed Biden Frist Nelson (NE) successful. for a third reading and was read the Bingaman Graham Nickles Senator LOTT and I have just been Bond Gramm Reed third time. discussing the schedule for the remain- Breaux Grassley Reid der of the week. Once we have com- The PRESIDING OFFICER. The bill Byrd Gregg Rockefeller pleted our work on the terrorism insur- having been read the third time, the Campbell Harkin Santorum Cantwell Hollings Sarbanes ance bill, it will be my intention to question is, Shall the bill pass? Carnahan Hutchinson Schumer move to the Defense authorization bill. Carper Hutchison Sessions The bill (S. 1770), as amended, was I do not think that will take a motion passed. Cleland Inhofe Shelby Clinton Johnson Smith (NH) to proceed, but certainly one will be of- Mr. LEAHY. I move to reconsider the Cochran Kennedy Smith (OR) fered if it is required. We will be on vote. Collins Kerry Snowe Corzine Kohl Specter that for the remainder of the week and Mr. KERRY. I move to lay that mo- Craig Kyl Stabenow for whatever length of time it will take tion on the table. Daschle Landrieu Stevens in the following week. The motion to lay on the table was Dayton Leahy Thomas Senators should be reminded that we DeWine Levin Thompson agreed to. Dodd Lieberman Thurmond only have 2 weeks to go in this work Domenici Lincoln Voinovich period. We are hopeful we can accom- f Durbin Lott Warner modate a number of nominations and a Edwards McCain Wellstone lot of other work besides the Defense Ensign McConnell Wyden authorization bill and the terrorism in- TERRORISM RISK INSURANCE ACT NAYS—3 OF 2002 surance bill. At the very least, we are Chafee Hagel Lugar going to finish those two pieces of leg- The PRESIDING OFFICER. Under NOT VOTING—16 islation prior to the time we leave. the previous order, the Senate will now Allard Conrad Jeffords I will announce later today the time continue consideration of S. 2600, Bennett Crapo Murkowski for the vote on cloture, but it will be which the clerk will report. Boxer Dorgan Roberts Tuesday morning. I urge my colleagues Brownback Hatch Torricelli The legislative clerk read as follows: Bunning Helms to be present for that vote. I yield the Burns Inouye floor. A bill (S. 2600) to ensure the continued fi- Mr. LOTT. Mr. President, will the nancial capacity of insurers to provide cov- The amendment (No. 3838) was agreed erage for risks from terrorism. to. distinguished majority leader yield? I want to clarify again that the majority VOTE ON AMENDMENT NO. 3838 Mr. DASCHLE. I move to reconsider the vote. leader does not anticipate recorded The PRESIDING OFFICER. The Mr. LOTT. I move to lay that motion votes on Monday, even though we will question is on agreeing to the amend- on the table. be in session for debate and for, I guess, ment No. 3838. The yeas and nays have The motion to lay on the table was amendments to be offered; is that cor- been ordered. The clerk will call the agreed to. rect? roll. The PRESIDING OFFICER. The ma- Mr. DASCHLE. The distinguished Re- The legislative clerk called the roll. jority leader. publican leader is correct. Earlier he Mr. REID. I announce that the Sen- CLOTURE MOTION may recall that we announced some no- ator from California (Mrs. BOXER), the Mr. DASCHLE. Mr. President, a few vote Mondays. This particular Monday Senator from North Dakota (Mr. minutes ago, prior to the vote we have is one of the no-vote Mondays, so- CONRAD), the Senator from North Da- just now taken, I asked unanimous called, so I am going to respect that kota (Mr. DORGAN), the Senator from consent to set aside the Brownback and commitment. Senators have made Hawaii (Mr. INOUYE), the Senator from Ensign amendments, and that was not scheduling decisions. Certainly we will Vermont (Mr. JEFFORDS), and the Sen- agreed to. It is now my intention to be in session. As I say, it will be an op- ator from New Jersey (Mr. TORRICELLI) file a cloture motion on the bill, and I portunity for people to come to the are necessarily absent. ask that the cloture motion be read. floor to speak to the bill. I further announce that, if present The PRESIDING OFFICER. The clo- It is unfortunate we have not been and voting, the Senator from North ture motion having been presented able to get agreement to set the Dakota (Mr. CONRAD) and the Senator under rule XXII, the Chair directs the amendments aside because I think it from New Jersey (Mr. TORRICELLI) clerk to read the motion. would offer other Senators the chance would each vote ‘‘aye.’’ The legislative clerk read as follows: to offer additional amendments. Bar- ring that UC, we will expect to be in Mr. NICKLES. I announce that the CLOTURE MOTION session without the additional consid- Senator from Colorado (Mr. ALLARD), We, the undersigned Senators, in accordance with the provisions of rule XXII of the eration of other amendments. the Senator from Utah (Mr. BENNETT), Standing Rules of the Senate, do hereby Mr. LOTT. Mr. President, if I can the Senator from Kansas (Mr. move to bring to a close the debate on Cal- continue, I certainly understand and BROWNBACK), the Senator from Ken- endar No. 410, S. 2600, the terrorism insur- support the decision to identify certain tucky (Mr. BUNNING), the Senator from ance bill: dates for a variety of reasons when Montana (Mr. BURNS), the Senator Harry Reid, Hillary Rodham Clinton, Senators are aware there will not be from Idaho (Mr. CRAPO), the Senator Jean Carnahan, Charles Schumer, Kent votes, but I emphasize again, as the from Utah (Mr. HATCH), the Senator Conrad, Tom Daschle, Richard Durbin, majority leader has, it does not mean from North Carolina (Mr. HELMS), the Jack Reed, Byron L. Dorgan, Chris- topher J. Dodd, Debbie Stabenow, Jay we cannot be in session and get a lot of Senator from Alaska (Mr. MURKOWSKI), Rockefeller, Maria Cantwell, Jeff work done. and the Senator from Kansas (Mr. ROB- Bingaman, Daniel K. Akaka, Evan Also, I understand why Senator ERTS) are necessarily absent. Bayh, Joseph Lieberman. DASCHLE feels a necessity to file clo- I further announce that if present Mr. DASCHLE. Mr. President, we ture. Obviously, we discourage each and voting the Senator from Kentucky will announce the time of the cloture other from doing that, but in order to (Mr. BUNNING) would vote ‘‘yea.’’ vote which will, of course, occur on move forward after a reasonable period The PRESIDING OFFICER. Are there Tuesday morning, but I do hope Sen- of time—I have done it many times on any other Senators in the Chamber de- ators who are interested in the bill at this terrorism insurance issue, while siring to vote? the very least will express themselves there are some other amendments, The result was announced—yeas 81, today and on Monday. We will be in hopefully germane amendments, that nays 3, as follows: session on Monday. will and can be offered and debated and

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.031 pfrm04 PsN: S14PT1 S5576 CONGRESSIONAL RECORD — SENATE June 14, 2002 considered, in order to get to the De- Just moments ago, the chairman of claims for damages caused by terror at- fense authorization bill and complete our committee, the Senator from tacks, there is not way to assess their our work before the Fourth of July re- Michigan, Mr. LEVIN, and I conferred risk and no way to underwrite the pol- cess, we need to complete this bill in a with the leadership. I think I can speak icy. There are too many uncertainties. reasonable period of time—Tuesday or on behalf of the chairman that we are One thing that is certain, as it was Wednesday—and then go right to De- both ready to go, and we will be pre- not before September 11, is that losses fense authorization. pared to bring up some of the more, from terrorist acts can cost tens of bil- I commend the Senator for making should we say, controversial amend- lions of dollars. In fact, under the that decision. There are a lot of other ments early on so that those issues can worst-case scenarios, losses could eas- bills Senators on both sides are push- be addressed and hopefully thereafter ily reach hundreds of billions of dol- ing the majority leader to do, meri- we can move quickly through the other lars. torious or otherwise. This is very im- provisions of the bill. There are hundreds of insurers in any portant. I thank the Chair, and I thank the given market. It is a highly competi- I encourage Senators on both sides of leadership. tive industry. But these insurers are the aisle, when we get to the Defense I yield the floor. dependent on reinsurers who help in- authorization bill, let’s not use this as Mr. LIEBERMAN. Mr. President, I surance companies spread their risk. a grab bag. We have lots we need to do am a strong supporter of this legisla- When reinsurers will not renew their in this area. We are talking about a tion and wish to praise my Connecticut contracts unless they contain ter- pay raise for our military men and colleague, Senator DODD, for his dili- rorism exclusions or limitations, many women. We are talking about quality- gence in crafting a workable solution if not most of the insurance companies of-life issues. We are talking about to the terror insurance issue. As we all will not be able to provide terrorism basic decisions about the future of our know, this has been a frustrating proc- coverage—at any cost. defense for our country. There will be ess and Senator DODD has proven to be Insurance companies need reinsur- plenty other opportunities to offer un- tenacious in the quest to enact this ance because their own capital to cover related, nongermane amendments. legislation into law. He is performing a losses is finite. I believe Senator WARNER and Sen- valuable and mostly unsung public Even a good sized company—one that ator LEVIN will be ready to go. There service. would be in the top half dozen or so will be disagreements and heated de- Let me explain why I believe this commercial insurers in the U.S.—with bate on some of the amendments. Some issue is so important and why Senator perhaps 5 percent of the commercial lines market and capital of $7 or $8 bil- will take time. I believe the managers DODD’s work is so important. are ready to go and will make good As part of their property and cas- lion—would have to ask, do we want to progress on it and be assured we can ualty insurance, many businesses have roll the dice on our very survival by get it done without it being very insurance against the costs that arise writing terrorism coverage and cov- messy. if their business is interrupted. If we ering it with our own reserves? That is not a risk that an insurance I appreciate the decision Senator don’t pass an effective terror insurance company will take. If we do not pass DASCHLE has made. I think it is the bill, there will be a massive interrup- this legislation, therefore, insurers will right thing for the Senate, for the mili- tion in the business community. We tary, and for our country. take whatever steps they consider nec- can avoid this result by passing this The PRESIDING OFFICER. The ma- essary to ensure they do not drive legislation. jority leader. themselves into bankruptcy. Mr. DASCHLE. Mr. President, I Property and casualty insurance is The insurance industry can protect thank the Senator as always for his co- not optional for most businesses. Not itself by reducing its exposure to ter- operation. This is an important sched- every business owner buy life insur- rorism claims. There is nothing we can ule. We know we have to finish the ance, but nearly every business buys do in the Congress—within the limits work on terrorism insurance. We know property and casualty insurance—to of our Constitution—to require insur- we have to deal with the Defense au- protect its property, to protect it ance companies to write policies. They thorization bill. The Senator from Vir- against liability, and to protect its em- don’t have to write policies. If they ginia and the Senator from Michigan ployees under the State workers com- don’t write policies, or write them only have been ready to go for a couple of pensation laws. Property and casualty with extraordinary premiums for ter- weeks. It should be a good debate. insurance is required by investors and ror coverage, the companies may not I also agree with the distinguished shareholders. It is required by banks be as profitable in the short run, but Republican leader that this should not that lend for construction and other they will at least be protecting them- be the grab bag, this should not be the projects. selves against involvency. vehicle that attracts extraneous legis- We all know that home mortgage State regulators are already consid- lation. Let’s get it done and done companies require the homeowners to ering terrorism exclusions—as they cleanly and move on to other matters maintain homeowners property insur- should do, consistent with their re- that are important as well. ance, and it’s the same with business sponsibilities to oversee the solvency Mr. LOTT. Mr. President, I wish to lending. of the insurance industry. Absent ex- make one other point, if I can be recog- Maintaining property and casualty clusions, in states where they might nized in my own right, before Senator insurance is mandated as part of the fi- not be approved for one reason or an- WARNER leaves. Senator DASCHLE and I duciary obligation to the business. And other, the insurers will have no choice have also been talking about ways to if property and casualty insurance for but to limit their business. move forward on nominations. Hope- major causes of loss is not available, or If insurance companies are permitted fully, we are coming up with a process it is prohibitively expensive, businesses to write policies with no coverage for that will allow us to make good face a difficult choice about going for- claims connected to terrorism, then progress across the board on nomina- ward with construction projects, and businesses will have to decide if they tions in the next couple of weeks. I am other ventures. If no insurance is avail- will self-insure against these losses. looking forward to continuing work on able, banks won’t lend and the business Many of them will conclude that they that also. activity that is depending on the loans cannot accept this exposure. The PRESIDING OFFICER. The Sen- will stop. The impact on the real es- Therefore, if we fail to pass this leg- ator from Virginia. tate, energy, construction, and trans- islation, it will be everyone that the Mr. WARNER. Mr. President, on be- portation sectors will be severe. insurance companies they insure that half of the members of the Armed Serv- For their part, insurance companies loses. Insurance companies can protect ices Committee, I thank both of our must be able to ‘‘underwrite’’ their themselves by not writing policies, or leaders for recognizing the need to policies. This means that they need to writing only policies without any cov- move to the Defense authorization bill. be able to assess their exposure or risk erage for acts of terror, or writing poli- That hopefully will then set the stage of a claim. They need to know if their cies with extraordinary premiums. But for the Defense appropriations bill to exposure to claims is acceptable, exces- companies that need insurance cov- follow in an orderly manner. sive, or indeterminate. In the case of erage may have even harsher options.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.034 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5577 So, the issue is how we enable enough Her father was a disabled Vietnam What happens in the Middle East insurance companies to determine that war veteran who lost both of his legs as cannot be separated from our interests the risk of terrorist claims is a risk a result of a casualty, and her grand- in the war on terrorism. If we fail in that they can assume. father fought in the Battle of the Bulge peace-making between Israel and her That is what this legislation is all in the Second World War. She was a neighbors, there will be grave con- about—defining the risk so that insur- volunteer who chose to serve her coun- sequences for the United States, Israel, ers can assess and put a price on it. try in the face of grave danger. When and the world. We will further empower This legislation is about facilitating terrorists struck, she was there. She the terrorists and extremists, those insurance companies’ ability to con- left behind the mountains of West Vir- who thrive, find refuge, and recruit in tinue to write property and casualty ginia, in a sense, to go to the moun- conditions of poverty, violence, and de- insurance policies. It is about pro- tains of Afghanistan, to risk her life so spair. We must help secure a vision of viding business owners with the oppor- our lives would be freer and safer. hope for the people of the Middle East tunity to buy insurance against terror She was part of an extraordinarily in order to reclaim the peace initia- claims and doing so in the private mar- successful effort to eradicate the tive. ket to the extent that is possible. Taliban and to make tremendous dis- It is time to put the endgame up This is, of course, not the first time ruption to and demoralize the al-Qaida front in the Israeli-Palestinian con- we have faced this kind of an issue. The forces, and again to give us more free- flict. The Palestinians must have a Federal Government has a history of dom and hope. Men and women in both state, with contiguous and secure bor- partnering with the insurance industry nations are safer now because of her ders, and Israel must have a state without terrorism and with secure borders. to provide coverages for risks that are work, and unfortunately because of her President Bush endorsed the concept of too big—too uninsurable—for the in- death. a Palestinian state in a historic speech dustry alone. All of us who value freedom owe Ser- to the United Nations last year. If we Current examples are the flood, crop, geant Shero a profound debt of grati- do not address this, the core political and nuclear liability programs, and in tude and honor, and I know the issue of this conflict, we will allow the the past we’ve seen partnerships on thoughts and prayers of many people in extremists on both sides to win. And vaccine liability and riot reinsurance. this Chamber, the other body, and all then we will all lose: Palestinians, From an insurability standpoint, these over America, certainly all over West Israelis, Arabs, Americans, the world. risks are probably more insurable than Virginia, are like mine, with her fam- Strong, engaged, steady, and vision- terrorism. ily and her friends. She represented the ary American leadership is a predicate Some might debate whether we very best of West Virginia and the very for the future of the Middle East. The should have passed the existing pro- best of America. She was strong, coura- Arab League peace proposal, at the ini- grams, or whether they are operated ef- geous, and dedicated. She will forever tiative of Crown Prince Abdullah of ficiency. But there should be no debate serve as a role model for West Vir- Saudi Arabia, calls for normal rela- about the need for a terrorism pro- ginians, for men and women alike, who tions between Israel and the Arab gram, and Senator DODD has structured love their country and who, like her, world and presents a unique and his- this one the right way—with retentions know that our ideals are worth fight- toric opportunity for peace. The Bush and loss sharing by the industry, so the ing for. administration may be considering rec- incentives are there for efficient oper- I yield the floor. ognizing a transitional or provisional ations. The PRESIDING OFFICER. The Sen- Palestinian state, with the specific de- Again, I congratulate my Con- ator from Nebraska. tails to be worked out over time, an necticut colleague, Senator DODD, for Mr. HAGEL. Mr. President, I ask idea similar to the Peres-Abu Ala his diligence in working through these unanimous consent that I be allowed to agreement of last year. The so-called complicated issues and bringing this address the Senate as in morning busi- ‘‘Quartet’’—US, Russia, the EU, and bill to the floor. We need to defeat the ness. the UN—provides an international con- amendments and enact this legislation Mr. SARBANES. Mr. President, may text for this possibility and a revived into law as soon as possible. I inquire how long the Senator is ask- diplomatic track. The PRESIDING OFFICER. The Sen- ing for? The pieces may be in place, the ator from West Virginia. Mr. HAGEL. I would need no more image of an idea for peace forming on Mr. ROCKEFELLER. Mr. President, I than 15 minutes. the horizon, although the work ahead ask unanimous consent to address the The PRESIDING OFFICER. The Sen- will be difficult. There are no easy an- Senate as in morning business for 4 ator is recognized for up to 15 minutes. swers or risk-free options. We can no minutes. f longer defer the tough decisions on The PRESIDING OFFICER. Without PEACE IN THE MIDDLE EAST Israeli settlements, Palestinian refu- objection, it is so ordered. gees, borders, and the status of Jeru- f Mr. HAGEL. Mr. President, I rise salem. The time for a step-by-step se- today to address an issue of urgent AIR FORCE STAFF SERGEANT quential process has come and gone. concern for American foreign policy: We are close to reaching a line of de- ANISSA SHERO the situation in the Middle East and its marcation, where only bold and coura- Mr. ROCKEFELLER. Mr. President, I implications for our war on terrorism. geous leadership on all sides can show have the sad duty to report another Yesterday the majority leader offered the way to a resolution. death of a West Virginian in Afghani- three principles to guide our policy in Israel must make some hard choices stan. For many generations, the people the Middle East. I share his concern for peace. It knows that military of West Virginia have answered the call about the gravity of the situation we means alone will not end terrorism. and many have paid with their lives. face and his affirmation of American Settlements in the occupied West Bank West Virginians understand the cost of support for Israel, and the imperative and Gaza must end. Israel should with- freedom and have always been willing of American leadership in helping draw its military from the Palestinian to pay that cost when called for duty. bring about a lasting peace in the re- towns it has re-occupied, as soon as the Today we are reminded again how gion. security situation allows. The empha- much that cost is because we now Time is not on our side. In April, I sis for Israel must be on developing a know of the death of Anissa A. Shero spoke before this body in support of coalition of common interests includ- in Gardez, Afghanistan. She is from President Bush’s leadership in bringing ing our Arab allies and the United Grafton, WV. This was a tragic death a diplomatic resolution to this con- States to form the core of a peace coa- in an airplane crash. She is the first flict. I applaud the President and his lition. Israel should move closer to this woman Air Force casualty in the war team for their progress so far in assem- coalition and away from isolation and in Afghanistan. She was married to bling the pieces of a potentially his- reliance on only the military option to SSgt Nathan Shero this past Sep- toric agreement and coalition for ending the crisis. tember, 2001. She had just been mar- peace. But we are still only at the be- The Israeli people have suffered too ried. He is also deployed. ginning of a long and difficult process. much and too long from terrorism. It

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.005 pfrm04 PsN: S14PT1 S5578 CONGRESSIONAL RECORD — SENATE June 14, 2002 must end. America will continue to for democracy and against corruption We need to keep our eye on the objec- stand by our friend and do what we in the Palestinian Authority for some tives: peace between Israel and its must to help secure a peace and Israel’s time. Hanan Ashrawi and Mustafa neighbors and victory in our war on survival. But America’s support of Barghouti, as well as many others, terrorism. I close by joining my col- Israel should not be at the expense or have been taking risks for democracy league, the majority leader, in encour- exclusion of our relationships with our for Palestinians and transparency in aging President Bush not to risk un- Arab friends and the Palestinian peo- Palestinian governance long before it raveling the progress we have made so ple. It need not be. America is against became a condition for a renewed peace far in the Middle East by allowing a pe- terrorists, America is not against process. riod of inattention and inaction to drag Arabs or Palestinians. We are and can Leaders of the Arab world must take us all back into a dark abyss of despair be a friend and supporter of all sides. more responsibility for Palestinian and danger. A conference or some tan- We must be, or there will be no hope leadership. They cannot look away. It gible relevant framework for peace and no peace. is now far too dangerous for them to must be announced and organized soon. This also means that we will not re- allow further drift in the Middle East. The stakes have rarely been so high, treat from our support of democratic In considering the difficult road the opportunities so great, and the principles, values, and expectations. ahead, I understand the political con- margins for error so small. We will not trade friendship and free- straints and risks that Israel and our f dom for expediency and peace. Arab friends face in moving forward The other Arab leaders of the region with peace. But it is better to share the CLONING must play a major role in this revived risk than leave the field to the terror- The PRESIDING OFFICER. The Sen- peace process. They have serious re- ists and extremists who will fill the ator from Massachusetts. sponsibilities and significant self-inter- leadership vacuum. Mr. KENNEDY. Mr. President, the ests in helping end terrorism and re- The problems in the Middle East af- matter before the Senate at the solving this conflict. There is no longer fect and influence all aspects of our present time is an amendment offered room for ambiguity or criticism from foreign policy, including our leadership by my friend, Senator BROWNBACK. I the sidelines. Abdication of responsi- in the war on terrorism. The Arab- will address the issues raised by that bility or subtlety is no longer an op- Israeli conflict cannot be separated amendment. tion. from America’s foreign policy. Actions We are considering a question that is Crown Prince Abdullah, King in the Middle East have immense con- of vital importance for every American Abdullah of Jordan, and President Mu- sequences for our other policies and in- affected by diabetes, cancer, Parkin- barak of Egypt and other Arab leaders terests in the world. We are limited in son’s disease, or other serious dis- clearly understand the high stakes and dealing with other conflicts until this orders. That question is whether we are willing to take risks for peace. The conflict is on a path to resolution. will permit a type of life-saving med- prospects for getting a peace process America’s policy and role in the Mid- ical research to achieve its full poten- back on track is best served when the dle East, and the perception of our tial to heal illnesses and cure disease— risks are shared. policies and role across the globe, af- or whether we will stop this promising The Palestinian leadership must re- fects our policies and interests in Af- research dead in its tracks and deny its spond to the challenge and opportunity ghanistan, South Asia, Indonesia, and benefits to millions of Americans. before it. Terrorism does an injustice all parts of the world. We cannot defeat We all know where Senator to the Palestinian struggle for self-de- terrorism without the active support of BROWNBACK stands on the issue of med- termination. A Palestinian state can- our friends and allies around the world. ical research using the breakthrough not be born from and committed to ter- This will require an enhancement of new technique of nuclear transplan- rorism and hostility toward its neigh- our relationships, not an enhancement tation. My friend from Kansas wants to bor. of our power. It will require America’s ban this research forever. That’s the It is a tragedy that the Palestinian reaching out to other nations. It will position he has stated time and again people have been linked in the minds of require a wider lens in our foreign pol- in this Chamber and in forums across many people—many Americans, to the icy with a new emphasis on humani- the country. And that is what the methods of terrorists and extremists tarian, economic, and trade issues as amendment that he offers today will who represent only darkness and ha- well as military and intelligence rela- accomplish. tred, not the aspirations of most Pal- tionships. Members of this body have spent estinians for statehood and a life of We need the active support and in- long, serious hours grappling with the hope and peace. volvement of Egypt, Saudi Arabia, Jor- complex scientific and ethical issues Real reform and change within the dan, and the other states of the Middle raised by the issue of human cloning. Palestinian Authority has become a East to defeat terrorism. The potential Senators know the difference between condition of any peace agreement. This for isolating them on one side, with the human cloning and medical research. must happen—and happen now. The United States and Israel on the other, Human cloning produces a human present Palestinian government must is the wrong path. The alternative to being. Medical research is done in a stand up and show a leadership that developing coalitions of common inter- laboratory dish and produces cells. But has been lacking for too long. The cur- est in the Middle East and our war on these cells can be used by doctors to rent Palestinian leaders must be ac- terrorism is a region afire with radi- develop astonishing transplants that countable and take responsibility for calism and rage directed at Israel and will never be rejected by a patient’s the future of the Palestinian people. the United States. We cannot wait. We own body. Terrorism and violence are not the cannot defer the peace timetable to the A majority of the Senate opposes any means to statehood and legitimacy. perfect time for peace. There is no per- legislation to ban, even temporarily, American and Israeli pressure and fect time for peace or perfect set of dy- the lifesaving research on nuclear intervention, however, can not be the namics for peace. It will happen be- transplantation that brings such hope final determinants of a new Palestinian cause we make it happen. We must to so many of our constituents. In the leadership. An alternative Palestinian seize the time we have, with all its im- innocuous guise of an amendment to leadership, as Foreign Minister Shimon perfections. suspend certain aspects of the patent Peres told me a couple of months ago, The perception of American power law, my friend from Kansas is trying to may be either too weak to make peace becomes the reality of American accomplish the goal he has long or too radical to even consider it. This power. If we fail in our diplomatic ef- sought—banning medical research that will certainly be the case if alternative forts to help bring peace to Israel and uses nuclear transplantation. leadership is perceived as primarily the her neighbors, and isolate ourselves The Brownsack amendment does result of American or Israeli collabora- and Israel in the process, our security many things. First, it bans patents on tion. and Israel’s security will become more any cloned human being. It seems to There are those in the Palestinian vulnerable and the world more dan- me that if we want to ban human movement that have been speaking out gerous. cloning, then we should ban it—pure

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.015 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5579 and sample. I introduced legislation the patent system ‘‘added the fuel of were calls to make this medical break- with Senator ARLEN SPECTER, Senator interest to the fire of genius.’’ through illegal. Because Congress re- FEINSTEIN, and Senator HATCH to ban The Brownback amendment would jected those arguments then, thou- human cloning in a straightforward permanently shut off the supply of that sands of Americans today can experi- way. Our legislation makes human fuel. It would accomplish Senator ence the joys of parenthood through cloning a crime punishable by 10 years BROWNBACK’s long-held goal of banning the very techniques that were once so in prison and substantial fines. That’s this medical research entirely. NIH al- strongly opposed. the way to prohibit cloning. ready can’t fund it and the Brownback Even heart transplants once seemed Using cloning to reproduce a child is amendment would make sure no bio- new or strange. Some denounced the improper and immoral—and it ought to technology company would touch it. idea of taking a beating heart from the be illegal. I think that every Member Instead of debating peripheral issues chest of one person and placing it in of the Senator would agree on this like patents, we should be debating the the body of another. point. question that’s at the core of this de- But this debate is not about abstract Some want to use our opposition to bate, whether we should allow or pro- ideas or complex medical terms. It is human cloning to advance a more hibit a type of medical research that about real people who could be helped sweeping agenda. In the name of ban- bring hope to millions of Americans by this research. Dr. Douglas Melton is ning cloning, they would place unwar- simply because it seems new or strange one of the nation’s foremost research- ranted restrictions on medical research to some people. ers on diabetes. For Dr. Melton, the that could improve and extend count- We offered our opponents on this stakes involved in this research could less lives. In a letter to the Congress, issue the opportunity for a debate, but not be higher. His young son, Sam, has 40 Nobel Laureates wrote that these re- they declined that offer. I am saddened juvenile diabetes, and Dr. Melton strictions would ‘‘impede progress by this decision, because I believe that works tirelessly to find a cure for his against some of the most debilitating these issues deserve to be debated thor- son’s condition. diseases known to man.’’ oughly on their own merits, not hastily One of the most promising areas of Of course we should reject the offen- considered as part of legislation on in- research on diabetes involves using sive idea that human beings could be surance. I hope that we will have the stem cells to provide the insulin that patented, as the Patent Office already opportunity for a full debate on the Sam, and thousands of children like rightly does. But the Brownback issue of cloning, as I know it is of pro- him, need to live healthy, active lives. amendment goes far belong this com- found interest to many of our col- But a shadow looms over this re- monsense proposal. It is so broadly leagues. It has been my privilege to search. A patient’s body may reject the written as to ban patents on single take part in some of the other great de- very cells intended to provide a cure. cells derived from medical laboratory bates we have had over the years on To unlock the potential of stem cell re- research using cloning techniques. It issues raised by the progress of science. search, doctors are trying to reprogram even bans patents on the processes In the 1970s we debated whether to stem cells with a patient’s own genetic used to conduct this important medical ban the basic techniques of bio- material. Using the breakthrough tech- research. technology. Some of the very same ar- nique of nuclear transplantation, each Why would my friend from Kansas guments that are raised against nu- one of us could receive transplants or propose such sweeping bans on patents? clear transplantation research today new cells perfectly matched to our own He offers this proposal precisely be- were raised against biotechnology back bodies. Can we really tell Sam Melton, cause he knows that if it is enacted, it then. Some said that it would lead to and the millions of Americans suf- will eviscerate this research. ecological catastrophe or genetic mon- fering from diabetes, or Parkinson’s The extraordinary progress in med- sters. Critics told us that the new disease, or spinal injuries that we ical research that we have seen in re- science of recombinant DNA research won’t pursue every opportunity to find cent years relies on two great motors was unproven and untested. They said a cure for their disorders? of innovation: NIH funding and a dy- that it might never yield new cures and Some who support the Brownback namic private biotechnology sector. that its benefits would never mate- proposal say that the science is still But when it comes to vital research rialize. uncertain, that we should delay this re- using nuclear transplantation tech- We could not know in the 1970s all search because we can not predict what niques, one of those motors has already the incredible advances that recom- avenue of scientific inquiry will be the been broken. There are no research binant DNA research would bring, not quickest pathway to a breakthrough. grants being given by NIH or any other only in medical breakthroughs, but in The Brownback amendment makes Federal agency for this research. There so many different aspects of our lives. certain that breakthrough cures will never have been, and under this admin- We didn’t know then that DNA never see the light of day. If Congress istration, there never will be. fingerprinting would one day ensure adopts that proposal, we can be certain If we had allowed our Nation’s great that criminals are punished and the that doctors will never use this med- research universities to conduct exten- wrongly imprisoned are released. But ical research to develop new pancreas sive nuclear transplanation research, that is what is happening today. We did cells for diabetics that are perfectly there’s no telling what medical mir- not know then that scientists would matched to the patient’s own body. We acles we might have seen by now. Per- learn to put thousands of genes on a can be certain that doctors will never haps scientists using NIH funds could tiny chip, so that medicines can be cus- use these techniques for important new have already developed replacement tomized for the genetic signature of an insights into the basic mechanisms of cells for little children with diabetes individual patient. But that is what is Parkinson disease or Alzheimer’s dis- that would never run the risk of tissue happening today. We did not know any ease. We can be certain that patients in rejection. Perhaps those same NIH- of this in the 1970s. But we did know every community in every State in the funded scientists could have developed that recombinant DNA research offered Nation will be denied the hope and the new cures for those whose minds and extraordinary promise and that it benefits that this research brings. memories slowly ebb away on the tide should not be banned. That is the kind of certainty the of Alzheimer’s disease. Because Congress rejected those ar- Brownback amendment brings. If you Fortunately, we have a robust and guments then, patients across America want to accept this false and dangerous dynamic biotechnology industry where today can benefit from breakthrough certainty, then you should vote for his new cures are developed and new dis- new biotechnology products that help amendment. coveries made. Because NIH will not dissolve clots in the arteries of stroke But if you want to promote life sav- fund nuclear transplantation research, victims, fight leukemia, and help those ing medical research, if you want to every major discovery in this field has with crippling arthritis lead productive side with patients, if you want to take come from funds provided by bio- lives. a chance on hope, then I urge you to technology companies. When in vitro fertilization was first vote for patients, for medicine, for But the biotechnology industry runs developed in the 1980s, it too was bit- hope and for the bipartisan proposal on patents. Abraham Lincoln said that terly denounced. And once again, there that I have introduced with Senator

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.006 pfrm04 PsN: S14PT1 S5580 CONGRESSIONAL RECORD — SENATE June 14, 2002 SPECTER, Senator FEINSTEIN, Senator Therefore, our legislation would make strict Federal regulations that are ap- HATCH, and many other colleagues. it a crime punishable by up to 10 years propriate in this area. I yield the floor. in prison to clone or attempt to clone Any researcher who violates the The PRESIDING OFFICER (Mrs. a human being, without exception. It bill’s ethics requirements—even with- FEINSTEIN). The Senator from Ohio. would establish a fine of $1 million or out attempting to clone a human being Mr. DEWINE. I thank the Chair. three times any profits made, which- and becoming subject to the 10-year (The remarks of Mr. DEWINE and Mr. ever is greater, on any person who prison term and $1 million fine—will KENNEDY pertaining to the introduc- clones or attempts to clone a human face civil penalties of up to $250,000 per tion of S. 2626 are located in today’s being. The financial penalty is in addi- violation. RECORD under ‘‘Statements on Intro- tion to the 10-year prison term. So the legislation that you, Senator duced Bills and Joint Resolutions.’’) It is very strong. It is definitive on HATCH, Senator SPECTER, Senator HAR- Mr. KENNEDY. I suggest the absence making the cloning of a human being KIN, Senator THURMOND, and myself, in of a quorum. illegal and subject to a 10-year prison a bipartisan way, have put together, we The PRESIDING OFFICER. The sentence and strong fines. believe, offers this body the soundest clerk will call the roll. The beauty of our legislation is that approach to make human cloning ille- The senior assistant bill clerk pro- it would also allow this most promising gal and, yet, to permit stem cell re- ceeded to call the roll. form of stem cell research, somatic cell search to go ahead only on an Mrs. FEINSTEIN. Mr. President, I nuclear transplantation, to be con- unfertilized egg, only up to 14 days ask unanimous consent that the order ducted on a human egg for up to 14 with strict ethical and Federal regu- for the quorum call be rescinded. days only, under strict standards and latory standards; to prohibit export to The PRESIDING OFFICER (Mr. KEN- Federal regulation. This 14-day re- any country that permits human NEDY). Without objection, it is so or- quirement is consistent with the stand- cloning; to separate it from in vitro dered. ard established in the United Kingdom fertilization, so there can be no blurring of the lines. f and recommended by the California I think it is a bill that is well Advisory Committee on Human CLONING thought out, a bill that will stand the Cloning. There is precedent for it. Mrs. FEINSTEIN. Mr. President, I The reason for 14 days is to limit any test of time and, most importantly, it listened to the distinguished senior research before the so-called primitive is a bill that, while prohibiting the cloning of the human, will permit this Senator from Massachusetts speak on streak can take over that egg. the cloning issue. I thought it might be This stem cell research can only take bright rainbow of research to go for- a good opportunity to offer a few place on an unfertilized egg. This is im- ward. Mr. President, you and I know that thoughts on that issue. portant because many of the opponents today there are 90,000 people awaiting When one says cloning, most people of stem cell research say: Aha, this is organs or tissue replacement. We know automatically think of human cloning. an organism capable of being a living They don’t know that there is an as- that 4,000 people a year die because being. they didn’t get it or because their body pect of it which is called nuclear trans- It is no different than a clump of rejects that organ. Let’s talk about plantation or stem cell research. The blood cells. They are alive. Those blood two issues become somewhat blurred. what stem cell research is. cells are not capable of becoming a You have a human egg. That egg is In fact, if you ask people, do they human being. unfertilized. Before it exists for 14 think stem cell research should pro- Skin cells are alive. They are not ca- days, its nucleus is withdrawn. Into ceed, the answer you get invariably, pable of becoming a human being, nor that space of the nucleus in this egg is once they understand it, is yes. are any cells in the human body capa- injected the DNA from a sick person— I deeply believe that stem cell re- ble of that. An unfertilized egg is not a person who may have cancer, or ALS, search today in America is one of the capable of becoming a human being. or a brittle child who may be subject to brightest scientific fields we know of Therefore, we limit stem cell research amputation, blindness or death; it and offers unparalleled hope and oppor- to unfertilized eggs. could be a Parkinson’s patient or a tunity for so many victims of a myriad We would ban profiteering and coer- burn patient. That egg is then forced to of chronic, debilitating, and often fatal cion by requiring that all egg dona- differentiate. As it goes through that diseases. It is the bright rainbow out tions for this stem cell research be vol- period, it then can be encouraged to there in medical research. untary, and that women who donate grow into tissues, or an organ, which I understand last night the Senator eggs can only be compensated mini- then, when given to the sick person, from Kansas placed an amendment be- mally—large payments to induce dona- there will be no rejection of that tissue fore the body. I rise to indicate my tion would be prohibited. or that organ. It also can be used with strong opposition for that amendment. We would prohibit the purchase or blood. It also can be used for cancer pa- As I understand it, it would prevent sale of unfertilized eggs, something tients. stem cell research from going ahead. I called oocytes or blastocysts. We would I cannot stress too much, when we also know there is discussion in the require that nuclear transplantation get to the actual debate, there is anec- Halls of this distinguished body about occur in laboratories, completely sepa- dote after anecdote of individuals who presenting legislation for a 2-year mor- rate from labs that engage in invitro have lost hope, for whom stem cell re- atorium on both human cloning and fertilization, to prevent a ‘‘blurring of search gives back that hope. We have stem cell research. I would oppose that the lines,’’ to avoid the risk that eggs 40 Nobel laureates supporting us. We as well. used in legitimate and important nu- have hundreds of patient advocacy What would that say to an ALS vic- clear transplantation research would groups all across this Nation sup- tim who maybe has 5 years to live with then be implanted in a woman. porting us. We have the hopes and the understanding that all research We would prohibit the export of eggs dreams of hundreds of thousands of which could be of help to that victim that have undergone nuclear transplan- people who are otherwise condemned to will be stopped for 2 years? It is a mis- tation to any foreign country that does a life of disability. take. It is throwing the baby out with not ban human cloning. This prohibi- Mr. President, you and I stood at a the bathwater. It should not happen. tion is designed to avoid the risk that press conference with Christopher A number of us, including the Pre- valuable research in the United States Reeve, one of America’s great and tal- siding Officer, have put together a bill will result in a human clone anywhere ented human beings. We listened to on a bipartisan basis which satisfies in the world. him plead to be able to go ahead be- the overwhelming majority of the peo- We include strong ethics require- cause this is the first time that, if you ple in America as well as a substantial ments that mandate informed consent have had your spine severed, there is majority of this body. It says: We rec- by egg donors, review of any nuclear an opportunity to regenerate, to do ognize the fact that the cloning of a transplantation research by an ethics something that has never been done in human being is unacceptable. It is im- board, and safety and privacy protec- history—to give a paraplegic or a quad- moral, and it should not be done. tion. And we have applied to this the riplegic the opportunity to walk again.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.007 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5581 In the Judiciary Committee, we Freedom. The National League of Cit- Following the publication of the Dec- heard testimony from a young woman ies has designated this day, June 14, laration of Independence, it was no by the name of Chris Golden. She was 2002 as second annual National Small longer appropriate to fly a banner con- an Arlington, VA, police officer and a Cities Day to call attention to the role taining the British flag. Accordingly, marathon runner. She was out running of small cities and towns in American on June 14, 1777, the Continental Con- and she was hit by a car and her spine life. gress passed a resolution that ‘‘the was severed. All of her dreams and The vast majority of cities through- Flag of the United States be 13 stripes hopes of continuing in the Arlington out our Nation have populations of alternate red and white, and the Union Police Department and of running once fewer than 50,000 people. These commu- be 13 stars white in a blue field rep- again were severed. She says she now nities play an essential role in nur- resenting a new constellation.’’ hopes and dreams that one day she will turing families, cultivating values, and No record exists as to why the Conti- wake up and they will have found a building a strong sense of commitment nental Congress adopted the now-famil- treatment that can regenerate her spi- and connection. In fact, the theme for iar red, white and blue. A later action nal system. Instead, today she wakes National Small Cities Day is building by the Congress, convened under the up to a wheelchair, and she even has a quality communities by making deci- Articles of Confederation, may provide problem being able to brush her teeth. sions by choice and not by chance. an appropriate interpretation on the There is story after story of people Millions of Americans live better use of these colors. Five years after who have lost hope and, because of this lives because small cities provide serv- adopting the flag resolution, in 1782, a new scientific frontier, they can have ices and programs that meet the needs resolution regarding the Great Seal of hope again. of their citizens. In the wake of the the United States contained a state- Life is for the living. It is important September 11 terrorist attacks, mil- ment on the meanings of the colors: to improve that life. I cannot under- lions of Americans have looked to the Red: For hardiness and courage; White: stand how people want to resist this. I leaders of their small communities to For purity and innocence; and Blue: cannot understand how they would pre- help ensure their safety and security For vigilance, perseverance, and jus- vent stem cell research. I cannot un- by working in partnership with other tice. derstand how they would say an levels of government. The stripes, symbolic of the 13 origi- Businesses, civic organizations, and unfertilized egg is something we have nal colonies, were similar to the five citizens across the nation are partners to protect, when women lose hundreds red and four white stripes on the flag of in building quality communities and of these every month. It makes no the Sons of Liberty, an early colonial must be encouraged to continue to sup- sense. It is arbitrary; it is capricious; it flag. The stars of the first national flag port efforts that make these cities and is unscientific; it is wrong. And, yes, if after 1777 were arranged in a variety of towns better places in which to live. we know of hundreds of thousands of patterns. The most popular design The Federal government, too, must placed the stars in alternating rows of suffering Americans who might be continue to be a good partner by sup- three or two stars. Another flag placed helped, it is also immoral. porting important efforts that help twelve stars in a circle with the thir- So those of us who have put together strengthen communities, such as the teenth star in the center. A now pop- this legislation believe it will stand the Community Oriented Policing Pro- ular image of a flag of that day, al- test of time. We are very close today to gram, the Community Development though it was rarely used at the time, that 60-vote necessity to move ahead Block Grant program, and funds for placed the thirteen stars in a circle. with it. So I am hopeful that sometime local terrorism preparedness programs. during next week we will be able to We must continue to work together As our country has grown, the Stars say, yes, in fact we have the 60 votes and look for ways to further strength- and Stripes have undergone necessary and, yes, in fact the Senate of the en our small cities and towns through modifications. Alterations include the United States of America is going to creativity, innovation, and collabora- addition, then deletion, of stripes; and stand tall to cross this frontier of stem tion. the addition and rearrangement of the cell research and be able to offer the I join the National League of Cities field of stars. hope and the dream of a good life to lit- and the Small Cities Council in encour- While our Star-Spangled Banner has erally hundreds of thousands of people. aging President Bush, my Congres- seen changes, the message it represents I thank the Chair and I yield the sional colleagues, state governments, is constant. That message is one of pa- floor. community organizations, businesses, triotism and respect, wherever the flag I suggest the absence of a quorum. and citizens to honor the efforts of is found flying. Henry Ward Beecher, a The PRESIDING OFFICER. The ‘‘small town America’’ today and prominent 19th century clergyman and clerk will call the roll. renew our commitment to work to- lecturer stated: The legislative clerk proceeded to gether on this day and in the future to A thoughtful mind, when it sees a na- call the roll. build quality communities that im- tion’s flag, sees not the flag only, but Mr. REID. Madam President, I ask prove the lives of citizens throughout the nation itself; and whatever may be unanimous consent that the order for the nation. its symbols, its insignia, he reads chief- ly in the flag the Government, the the quorum call be rescinded. f The PRESIDING OFFICER (Mrs. principles, the truths, and the history FEINSTEIN). Without objection, it is so COMMEMORATION OF FLAG DAY which belong to the nation that sets it ordered. Mr. THURMOND. Madam President, forth. Old Glory represents the land, the f two hundred and twenty-five years ago today, the United States was engaged people, the government and the ideals MORNING BUSINESS in its War for Independence. I note that of the United States, no matter when Mr. REID. Madam President, I ask the American Continental Army, now or where it is displayed throughout the unanimous consent that the Senate the United States Army, was estab- world. The flag has proudly represented now proceed to a period for morning lished by the Continental Congress, our Republic beyond the Earth and business, with Senators allowed to just 2 years earlier on June 14, 1775. I into the heavens. The stirring images speak for a period not to exceed 10 min- express my congratulations to the of Neil Armstrong and Edwin Aldrin utes each. United States Army on its 227th birth- saluting the flag on the moon, on July The PRESIDING OFFICER. Without day. 20, 1969 moved the Nation to new objection, it is so ordered. At the start of that War, American heights of patriotism and national f colonists fought under a variety of pride. local flags. The Continental Colors, or Today we pause to commemorate our NATIONAL SMALL CITIES DAY Grand Union Flag, was the unofficial Nation’s most clear symbol, our flag. Mr. DASCHLE. Madam President, national flag from 1775–1777. This flag President Woodrow Wilson signed a today is National Flag Day, and it is had thirteen alternating red and white Presidential Proclamation designating appropriate that we all pause to honor stripes, with the English flag in the June 14, 1916 as Flag Day. On a prior this important symbol of American upper left corner. occasion President Wilson noted:

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.042 pfrm04 PsN: S14PT1 S5582 CONGRESSIONAL RECORD — SENATE June 14, 2002 Things that the flag stands for were its 225th birthday, and the 227-year-old tary Academy at West Point this year created by the experiences of a great Army which has so proudly and val- celebrated their bicentennial anniver- people. Everything that it stands for iantly defended it and our great Na- sary. The newly commissioned class of was written by their lives. The flag is tion. Lieutenants from the West Point Class the embodiment, not of sentiment, but f of 2002 will face a future much like of history. It represents the experi- those faced by their predecessors in the COMMEMORATING THE 227TH ences made by men and women, the ex- Class of 1942, a world where the United BIRTHDAY OF THE UNITED periences of those who do and live States finds itself in a struggle to pro- STATES ARMY under the flag. tect our precious values of liberty, Flag day was officially designated a Mr. THURMOND. Madam President, I freedom, and democracy. National observance by a Joint Resolu- rise today to commemorate the 227th This struggle will not be easy. As of tion approved by Congress and the Birthday of the United States Army. today, we have soldiers stationed or de- President in 1949, and first celebrated On June 14, 1775, as our Republic was ployed in 125 nations. Today we are at the following year. This year, then, struggling to emerge, the Second Con- war with the scourge of our time, ter- marks the 52nd anniversary of a Con- tinental Congress enacted legislation rorism. We must go at the root and gressionally designated Flag Day. creating the American Continental strike at the heart of terrorist organi- It is appropriate that we pause today, Army. The founding fathers knew if zations and those nations granting on this Flag Day, to render our respect the citizens of this Nation were to be them safe harbor. And to do so we de- and honor to the symbol of our Nation, secure in their liberty, the Nation pend on our United States Army. and to review our commitment to the would require the ability to defend and This mission is not easy. Our soldiers underlying principles it represents. protect itself. Fortunately, this Con- will spend holidays in far away coun- Today, let us reflect on the deeds and gress also selected George Washington tries, miss anniversaries with their sacrifices of those who have gone be- to command this new force. His sense spouses and birthdays with their chil- fore and the legacy they left to us. Let of purpose, integrity, and leadership dren. They do this out of love for our us ponder our own endeavors and the were an inspiration to the troops he led nation and a sense of the greater good. inheritance we will leave to future gen- to secure the independence of the Na- But we must remember that these are erations. Since the tragic events of last tion. His vision of the citizen soldier the lucky ones. Since military oper- September 11, the display of the flag defending his home, family, and coun- ations started in Afghanistan, the fol- has taken on a renewed emphasis. It is try were critical to founding of the Re- lowing Army soldiers have given their a visual representation of our commit- public. lives in service to our great nation dur- ment to freedom, peace and liberty. From humble beginnings, at Lex- ing Operation Enduring Freedom: Pfc. Today, the flag is a banner which ington and in the forge of battles such Kristofer Stonesifer; Spc. John J. proudly proclaims, ‘‘United We Stand.’’ as Charleston, Cowpens, and Kings Edmunds; Pvt. Giovany Maria; Staff Finally, as we commemorate the her- Mountain and from the winter encamp- Sgt. Brian ‘‘Cody’’ Prosser; Master Sgt. itage our flag represents, may we as a ment at Valley Forge, the Army se- Jefferson Donald Davis; Sgt. 1st Class nation pledge not only our allegiance, cured victory at Yorktown. From Chip- Daniel Petithory; Sgt. 1st Class Nathan but also our efforts to furthering the pewa, New Orleans, Palo Alto, Buena R. Chapman; Spc. Jason A. Disney; standards represented by its colors, Vista, to the numerous skirmishes on Spc. Thomas F. Allison; Staff Sgt. courage, virtue, perseverance, and jus- the frontier known as the Indian Wars, James P. Dorrity; Chief Warrant Offi- tice. Through these universal concepts, the Army proudly defended this Na- cer Jody L. Egnor; Sgt. Jeremy D. We the People can ensure better lives tion. The entry of the United States Forshee; Staff Sgt. Kerry W. Frith; for ourselves and our children, for into World War I with the Army lead- Major Curtis D. Feisner; Captain Bartt these are the characteristics of great- ing the way, sealed the allied victory. D. Owens; Staff Sgt. Bruce A. ness. In doing so, we can move closer to During World War II, the Army fought Rushforth, Jr.; Sgt. Bradley S. Crose; the goal so well stated by Daniel Web- worldwide with troops in the Americas, Spc. Marc A. Anderson; Pfc. Matthew ster at the laying of the cornerstone of Europe, Africa, Asia, and the Pacific. A. Commons; Sgt. Philip J. Svitak; the Bunker Hill Monument on June 17, The defense of our freedoms continued Chief Warrant Officer Stanley L. Har- 1825. On that occasion he said: with the Korean War, the Viet Nam riman; Staff Sgt. Brian T. Craig; Staff Let our object be our country, our War, and Desert Storm. Today our sol- Sgt. Justin J. Galewski; Sgt. Jamie O. whole country, and nothing but our diers are found throughout the world, Maugans; Sgt. 1st Class Daniel A. Ro- country. And, by the blessing of God, Bosnia, Kosovo, Afghanistan and else- mero; Sgt. Gene Vance, Jr.; and Sgt. may that country itself become a vast where, courageously defending our Na- 1st Class Peter P. Tycz II. and splendid monument, not of oppres- tion and the ideals it represents. ‘‘Duty, honor, country’’ is the motto sion and terror, but of Wisdom, of Our Army reflects the values of our of the U.S. Army. It is America. Every Peace, and of Liberty, upon which the Nation’s citizens. Our citizen soldiers generation of Americans who have world may gaze with admiration for- serve to protect our freedoms today served in the U.S. Army, from the Con- ever. just as they did to gain our freedoms tinental Army to today’s fighting men I have long supported legislation over 200 years ago. I am proud of our and women, have been shaped by this which imposes penalties on anyone who soldiers and appreciate their selfless motto. It has molded lives in ways that knowingly mutilates, defaces, burns, service. I was proud to wear the uni- are hard to explain, just as the Army tramples upon, or physically defiles form of the United States Army. Happy has touched our national life and his- any U.S. flag. I have also supported a Birthday to the United States Army. tory and made the world more secure, constitutional amendment to grant Mr. HAGEL. Madam President, I rise prosperous, and a better place for all Congress and the States the power to today to wish the United States Army mankind. prohibit the physical desecration of the happy birthday. It was 227 years ago On this 227th birthday of the U.S. U.S. flag. I regret that the Senate has today, in 1775, that the Continental Army, as a proud U.S. Army veteran, I yet to adopt a Resolution for a flag Army of the United States was formed. say happy birthday to the Army vet- protection Constitutional amendment. The United States Army has had a erans of our country. We recognize and I am pleased that each day the Sen- monumental impact on our country. thank those who served and whose ex- ate is in session, a designated Senator Millions of men and women over the amples inspired those of us who have leads the Senate in reciting the Pledge past 227 years have served in the senior had the opportunity to serve in the of Allegiance to the Flag of the United branch of our military forces. The U.S. Army. States. This has added greatly to the Army is interwoven into the culture of It is the Army that has laid the foun- opening of the Senate each day. America. Those who have had the great dation for all of this nation’s distin- Today I encourage my colleagues and privilege of serving our country in the guished branches of service and helped all Americans to take note of the his- U.S. Army understand that. build a greater, stronger America. tory and meaning of this 14th day of This year is an especially important On this, the 227th birthday of the June. We celebrate our Flag, observing anniversary. The United States Mili- Army, I say Happy Birthday and, in the

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.045 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5583 great rich tradition of the U.S. Army, shows leaves battered women and their This bill is critical in keeping our I proclaim my annual Senate floor children vulnerable to violence. I urge trademark laws up-to-date. It rep- ‘‘Hooah!’’ my colleagues to support this impor- resents a significant step in our efforts f tant gun safety legislation. to ensure that American trademark law adequately serves and promotes DOMESTIC VIOLENCE GROUPS f American interests. It is time for the SUPPORT CLOSING THE GUN THE MADRID PROTOCOL anonymous, secret Republican holds on SHOW LOOPHOLE IMPLEMENTATION ACT S. 407 to be lifted so that the Senate Mr. LEVIN. Madam President, since Mr. LEAHY. Madam President, I can pass this important legislation to 1968 it has been illegal for convicted have come to the floor today to talk protect the private intellectual prop- felons, illegal aliens, individuals invol- about an important piece of legisla- erty of Americans in the global econ- untarily committed to a mental health tion, S. 407, the Madrid Protocol Imple- omy. mentation Act, which continues to be facility, individuals who have re- f nounced their citizenship, drug addicts, blocked from Senate consideration. As those dishonorably discharged from the I said in an earlier statement on June LOCAL LAW ENFORCEMENT ACT military, and fugitives who possess or 7, 2002, there are important bills that OF 2001 purchase a firearm. In 1996, Congress have cleared the Democratic side of the Mr. SMITH of Oregon. Madam Presi- passed legislation to extend the prohi- aisle and that have bipartisan support, dent, I rise today to speak about hate bition on firearms to individuals who but are being blocked by holds placed crimes legislation I introduced with were under a domestic violence re- by anonymous Republican Senators. Senator KENNEDY in March of last straining order or convicted of a do- Last week, I spoke about legislation year. The Local Law Enforcement Act mestic violence misdemeanor. I sup- concerning national security and law of 2001 would add new categories to ported that legislation because of enforcement, including S. 1770, imple- current hate crimes legislation sending growing evidence that people who had menting legislation for two anti-ter- a signal that violence of any kind is committed acts of domestic violence rorism treaties. Fortunately, today, unacceptable in our society. were buying guns and using them. the Senate overwhelmingly passed the I would like to describe a terrible Leahy-Hatch substitute amendment to According to the Department of Jus- crime that occurred June 9, 2002 in Riv- S. 1770 to help ensure that the United tice, Office of Justice Programs, 40 per- erside, CA. An attack outside a popular States continues to lead the world in cent of women killed with firearms are gay bar left one gay man dead and an- the global fight against terrorism. I murdered by an intimate partner. Ac- other wounded. Jeffery Owens, 40, died rise today to speak about protecting cording to a Violence Policy Center of multiple stab wounds while coming the intellectual property of American analysis, a woman is 14 times more to the aid of Michael Bussee, 48, who likely to be murdered by a spouse, inti- business. I introduced S. 407, the Madrid Pro- was being beaten and stabbed in the mate acquaintance or close relative if tocol Implementation Act, with Sen- bar parking lot. Before stabbing Owens, there has been a history of domestic vi- one attacker was heard to yell ‘‘You ator HATCH last year to provide imple- olence. And, having one or more guns menting legislation for an important want some trouble . . . fag, here it is!’’ in the home makes a woman more than treaty, the Madrid Protocol. This bill Police are currently looking for the as- seven times more likely to be the vic- promises to help American businesses sailants, four men with shaved heads, tim of homicide. better protect their intellectual prop- and are investigating the incident as a The threat posed by some domestic erty in the international marketplace. hate crime. abusers was highlighted by a Federal The Clinton administration trans- I believe that government’s first duty court case, Emerson v. United States. mitted the Madrid Protocol to the Sen- is to defend its citizens, to defend them Timothy Joe Emerson was subject to a ate for ratification in 2000, but no ac- against the harms that come out of domestic violence restraining order tion was taken while the Senate was hate. The Local Law Enforcement En- that required him to stay away from under majority control by the Repub- hancement Act of 2001 is now a symbol his wife and her young daughter. Be- licans. Under the leadership of Chair- that can become substance. I believe cause of the restraining order, he was man BIDEN, the Senate Foreign Rela- that by passing this legislation and prohibited from possessing a firearm. tions Committee, in November, 2001, changing current law, we can change Emerson was indicted for violating reported the Madrid Protocol to the hearts and minds as well. that provision after an incident in Senate with the recommendation that f which he threatened his wife with a Be- the Senate give its advice and consent ADDITIONAL STATEMENTS retta pistol and pointed it at her child. to accession to the Madrid Protocol. This is not an isolated case, and we S. 407 would implement this new need to prevent these people from pos- treaty. The legislation would make no TRIBUTE TO RAYMOND D. EVANS sessing and purchasing firearms. substantive change in American trade- ∑ On Wednesday morning my staff met mark law. The bill would set up new Mr. BOND. Mr. President, I rise to with Kathy Hagenian of the Michigan procedures for trademark applicants to pay tribute to the staple of the Mis- Coalition Against Domestic and Sexual file a single trademark application souri conservation community, Mr. Violence. Kathy is in Washington this with the Patent and Trademark Office. Raymond D. Evans. Mr. Evans is retir- week as part of the National Network This single filing would give the appli- ing after 35 years of service with the to End Domestic Violence Annual cant ‘‘one stop’’ international trade- Missouri Department of Conservation Meeting and Legislative Day. The Coa- mark registration—a process only and he is a major contributor to the de- lition’s mission is to combat all domes- available to signatory countries to the velopment of conservation provisions tic and sexual violence by supporting Protocol. This would benefit American for the State of Missouri. Mr. Evan’s prevention and intervention programs businesses and companies who need to fundamental efforts have played a role in communities throughout the State protect their trademarks as they sell in developing provisions that helped of Michigan. One of the issues she their goods and services in inter- land owners implement management raised was her organization’s support national markets, including over the practices to improve profitability and of Senator REED’s Gun Show Back- Internet. wildlife values by helping to protect ground Check Act. I, too, support this The House version of this bill, H.R. the soil and water resources that are common sense gun safety legislation. 741, has already passed the Republican the foundation of agriculture and wild- This bill would simply apply the back- House of Representatives, as it has for life productivity. He has maintained ground checks that are mandatory for the past three Congresses. The Senate the highest standard of excellence in guns purchased in stores to gun shows. Judiciary Committee unanimously re- his service to conservation and re- In 1996, the Congress closed the do- ported this bill favorably to the full ceived several awards from his peers mestic violence loophole. Now it is Senate in July, 2001, and we have been and associates as a result. These time to close the gun show loophole. trying unsuccessfully to get it passed awards include the management Award The lack of background checks at gun by unanimous consent ever since. from the Southeast Section of The

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.012 pfrm04 PsN: S14PT1 S5584 CONGRESSIONAL RECORD — SENATE June 14, 2002 Wildlife Society, and Award of Merit EXECUTIVE MESSAGES REFERRED (Mr. HUTCHINSON) was added as a co- from the ASCS for helping write and As in executive session the Presiding sponsor of S. 1678, a bill to amend the pass the Farm Bill. Mr. Evans has also Officer laid before the Senate messages Internal Revenue Code of 1986 to pro- received the American Motors Con- from the President of the United vide that a member of the uniformed servation Award for his many contribu- States submitting sundry nominations services or the Foreign Service shall be tions to the success of the Missouri which were referred to the appropriate treated as using a principal residence Conservation Department’s coordi- committees. while away from home on qualified of- nated forest habitat management pro- (The nominations received today are ficial extended duty in determining the gram, and the E. Sydney Stephens printed at the end of the Senate pro- exclusion of gain from the sale of such Award for his career contributions to ceedings.) residence. Missouri’s wildlife resources. I wish to f S. 1785 honor and thank him for his hard work At the request of Mr. CLELAND, the and dedication to the preservation of INTRODUCTION OF BILLS AND name of the Senator from New Mexico JOINT RESOLUTIONS wildlife and the environment. (Mr. DOMENICI) was added as a cospon- To people in Missouri, Mr. Evans has The following bills and joint resolu- sor of S. 1785, a bill to urge the Presi- always been known as ‘‘Ray’’. His tions were introduced, read the first dent to establish the White House Com- trademark ribbon tie, warm smile and and second times by unanimous con- mission on National Military Apprecia- commitment to his neighbors and the sent, and referred as indicated: tion Month, and for other purposes. land they live on will remain his leg- By Mr. BINGAMAN: S. 2051 acy. On the national scene, Ray has S. 2624. A bill to amend part A of title IV At the request of Mr. REID, the name been a tireless advocate of Federal as- of the Social Security Act to require a com- of the Senator from North Carolina sistance to promote local initiatives. prehensive strategic plan for the State tem- (Mr. EDWARDS) was added as a cospon- Ray has always understood that con- porary assistance to needy families program; to the Committee on Finance. sor of S. 2051, a bill to remove a condi- servation is a ‘‘public good’’ and, con- tion preventing authority for concur- sequently, the public should help land- By Mr. GRAHAM (for himself, Mr. MIL- LER, Mr. KENNEDY, Mr. ROCKEFELLER, rent receipt of military retired pay and owners provide that public good. As a Mr. DASCHLE, Mr. CLELAND, Mr. veterans’ disability compensation from practicing farmer, Ray also under- INOUYE, Mr. REID, Ms. MIKULSKI, Mr. taking affect, and for other purposes. stands and helps our urban friends un- JOHNSON, Mr. LEAHY, Mrs. CLINTON, S. 2059 derstand that farmers are the most Mr. NELSON of Florida, Mr. SAR- committed practitioners of conserva- BANES, Mr. BINGAMAN, Ms. STABENOW, At the request of Ms. MIKULSKI, the tion because it is good business and be- Mr. WELLSTONE, Mr. HOLLINGS, Mrs. name of the Senator from Mississippi cause they want to leave more value to MURRAY, Mr. SCHUMER, Mr. AKAKA, (Mr. COCHRAN) was added as a cospon- their children and future generations. Mrs. BOXER, Mr. REED, Mr. DODD, Mr. sor of S. 2059, a bill to amend the Pubic LEVIN, Mrs. CARNAHAN, Ms. CANT- Health Service Act to provide for Alz- In other words, they want to leave it WELL, Mr. DURBIN, and Mr. DAYTON): better than they found it. It is that un- heimer’s disease research and dem- S. 2625. A bill to amend title XVIII of the onstration grants. derstanding that won him the trust of Social Security Act to provide coverage of landowners which is a key element to outpatient prescription drugs under the S. 2194 the success with which Ray is associ- medicare program; to the Committee on Fi- At the request of Mr. MCCONNELL, ated. nance. the name of the Senator from Alabama Ray’s advocacy has been tireless, By Mr. KENNEDY (for himself, Mr. (Mr. SHELBY) was added as a cosponsor both for him and those of us he pursued DEWINE, Mr. HARKIN, Mr. MCCAIN, of S. 2194, a bill to hold accountable the Mr. DURBIN, Mr. GRAHAM, Mr. Palestine Liberation Organization and constantly. With Ray, the ‘‘to-do’’ list WELLSTONE, Ms. COLLINS, Mrs. FEIN- is never complete and every success is STEIN, and Mr. REED): the Palestinian Authority, and for followed by a new initiative. Recently, S. 2626. A bill to protect the public health other purposes. after Ray witnessed President Bush by providing the Food and Drug Administra- S. RES. 283 signing the 4th consecutive Farm Bill tion with certain authority to regulate to- At the request of Mr. GRAHAM, the Ray worked on, Ray innocently suc- bacco products; to the Committee on Health, names of the Senator from Massachu- Education, Labor, and Pensions. ceeded in lifting the President’s speech setts (Mr. KENNEDY) and the Senator and convincing the President to sign it By Mr. CLELAND: S. 2627. A bill to protect marine species off from Connecticut (Mr. LIEBERMAN) for him. While Ray was a good enough the coast of Georgia; to the Committee on were added as cosponsors of S. Res. 283, salesman to pull that off, he couldn’t Commerce, Science, and Transportation. a resolution recognizing the successful get past the staff who have obligations f completion of democratic elections in to the National Archives but if anyone the Republic of Colombia. ADDITIONAL COSPONSORS deserves a high-level souvenir for his AMENDMENT NO. 3838 work in conservation, it would be Ray. S. 839 At the request of Mr. ALLEN, the Nevertheless, I am pleased that Ray At the request of Mr. NELSON of Flor- name of the Senator from Maine (Ms. got some face time with the Com- ida, his name was added as a cosponsor COLLINS) was added as a cosponsor of mander-in-Chief out of the deal. of S. 839, a bill to amend title XVIII of amendment No. 3838 proposed to S. On behalf of many citizens who bene- the Social Security Act to increase the 2600, a bill to ensure the continued fi- fited from his friendship, work, and amount of payment for inpatient hos- nancial capacity of insurers to provide guidance, I thank Ray and I thank his pital services under the medicare pro- coverage for risks from terrorism. wife Carole for lending him to us. gram and to freeze the reduction in At the request of Mr. TORRICELLI, his While I trust he will continue sharing payments to hospitals for indirect name was added as a cosponsor of his presence at many conservation-re- costs of medical education. amendment No. 3838 proposed to S. lated events, I am pleased that he and S. 1339 2600, supra. Carole will have more time to enjoy At the request of Mr. CAMPBELL, the f time together. I recommend that he names of the Senator from Virginia take her for long walks in the country- (Mr. ALLEN) and the Senator from Ala- STATEMENTS ON INTRODUCED side so they can both appreciate what bama (Mr. SESSIONS) were added as co- BILLS AND JOINT RESOLUTIONS they have done for the landscape.∑ sponsors of S. 1339, a bill to amend the By Mr. GRAHAM (for himself, f Bring Them Home Alive Act of 2000 to Mr. MILLER, Mr. KENNEDY, Mr. provide an asylum program with regard ROCKEFELLER, Mr. DASCHLE, MESSAGES FROM THE PRESIDENT to American Persian Gulf War POW/ Mr. CLELAND, Mr. INOUYE, Mr. Messages from the President of the MIAs, and for other purposes. REID, Ms. MIKULSKI, Mr. JOHN- United States were communicated to S. 1678 SON, Mr. LEAHY, Mrs. CLINTON, the Senate by Ms. Evans, one of his At the request of Mr. MCCAIN, the Mr. NELSON of Florida, Mr. secretaries. name of the Senator from Arkansas SARBANES, Mr. BINGAMAN, Ms.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.008 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5585 STABENOW, Mr. WELLSTONE, Mr. This kind of certainty, and this kind USA, the AFL–CIO, the Alliance for HOLLINGS, Mrs. MURRAY, Mr. of help, is what beneficiaries need. Retired Americans, the National Com- SCHUMER, Mr. AKAKA, Mrs. Take, for example a 68-year-old man mittee to Preserve Social Security and BOXER, Mr. REED, Mr. DODD, with two conditions very common Medicare, and the Generic Pharma- Mr. LEVIN, Mrs. CARNAHAN, Ms. among the elderly, congestive heart ceutical Association support our legis- CANTWELL, Mr. DURBIN, and Mr. failure and diabetes, and no drug cov- lation. I ask unanimous consent that DAYTON): erage. He would have to spend over their letters of support be printed in S. 2625. A bill to amend title XVIII of $5,100 annually for a typical medication the RECORD. With their help, we can the Social Security Act to provide cov- regimen. Under our plan, this gen- get this done this year. erage of outpatient prescription drugs tleman would get the medicines he There being no objection, the letters under the Medicare Program; to the needs to stay healthy, and would save were ordered to be printed in the Committee on Finance. nearly $3,300. RECORD, as follows: Mr. GRAHAM. Madam President, In addition to being affordable, com- AARP, along with my colleagues, Senators, prehensive, and universally available Washington, DC, June 12, 2002. MILLER and KENNEDY, I am very to all of America’s seniors, we need a Hon. BOB GRAHAM and Hon. ZELL MILLER, pleased to announce the introduction drug benefit that will be attractive to U.S. Senate, of the Medicare Outpatient Prescrip- beneficiaries. Why? Because voluntary Washington, DC. tion Drug Act of 2002. participation of all seniors will ensure DEAR SENATORS: We are pleased to restate A prescription drug benefit is the that we will have a program that is our position on your revised Medicare pre- most fundamental shift we can make in scription drug proposal. Action on a bipar- sustainable for the long run. A pro- tisan prescription drug benefit is a top pri- the health care of older Americans. gram that attracts only the sickest ority for AARP, our members and the na- Adding a prescription drug benefit to beneficiaries is doomed to fail. tion. Medicare will represent a 180 degree The Congressional Budget Office has Medicare beneficiaries have waited long turn, a change in the focus of how we evaluated our plan and has stated that enough for access to meaningful, affordable deliver health care to our Nation’s sen- it does not leave a single Medicare ben- prescription drug coverage. We know from iors. eficiary without access to drug cov- our membership that in order for a Medicare Quite simply, including prescription erage. prescription drug benefit to provide com- drugs will transform Medicare from a How does this bill achieve this goal? prehensive coverage it must include: sickness program to a wellness pro- By following the principle that the An affordable premium and coinsurance; Meaningful catastrophic stop-loss that gram. Failure to provide a prescription drug benefit should track the prescrip- limits out-of-pocket costs; drug benefit will continue to confine tion drug benefits that seniors have A benefit that does not expose bene- millions of elderly Americans to a sys- been accustomed to in their working ficiaries to a gap in insurance coverage; tem that is antiquated, one that only years. We have an attractive benefit Additional assistance for low-income bene- looks backward, not forward. with an affordable premium and a cata- ficiaries; and The sponsors of this legislation do strophic provision that is an insurance Quality and safety features to curb unnec- not buy the conventional wisdom that policy for all elderly, in particular, for essary costs and prevent dangerous drug nothing significant can be enacted in those seniors who are healthy right interactions. an election year. We are committed to now, but who may face health problems AARP supports your initiative in incor- meeting our goal this year: passage of later in life. We have modeled our bill porate these goals. We commend you for including key elements in your proposal that a universal, comprehensive, and afford- after what works for most Americans Medicare beneficiaries and our members able prescription drug benefit. right now. Our benefit includes tiered have indicated they find valuable. For in- To be sure, there are questions in copayments, and we use as our delivery stance, your proposal includes a premium this debate which still remain. But, the system the private sector model in that many Medicare beneficiaries view as af- most important question, ‘‘will our place today in every part of the coun- fordable and a benefit design that does not drug benefit meet seniors’ needs?’’, can try. include a gap in insurance coverage. Your be answered with a resounding ‘‘YES.’’ Addition of a prescription drug ben- proposal also now includes co-payments The voluntary benefit we are offering efit will be the largest expansion of the specified as dollar amounts, an approach that our research shows our members prefer to all seniors is very simple, no gim- Medicare program since it was initi- to coinsurance. In our view, this plan could micks, gotchas or ‘‘gaps’’ to fall into. ated in 1965. This fact challenges Con- provide real value to beneficiaries in pro- With our benefit, ‘‘what you see is gress to be sure that we get it right. In tecting them against the high costs of pre- what you get.’’ Seniors will know ex- light of the scope of the changes we are scription drugs. actly what they will pay, and exactly making, we are suggesting that, after It is important that any prescription drug what they will get: the monthly pre- seven years, Congress should examine benefit be made a permanent and stable part mium is $25, no matter where a person how well the benefit is working and to of Medicare, and we want to work with you lives; all beneficiaries get assistance make whatever modifications are nec- to achieve this before enactment. from the very first prescription of the essary and appropriate. Not only will Thank you for your leadership on this issue. We look forward to working with you year. we learn about how our delivery sys- and your colleagues as the legislation moves For the first two years, seniors will tem has worked, but we can discover forward. AARP will continue to urge Con- pay $10 for each generic prescription, that access to prescription drugs will gress to work in a bipartisan manner to and no more than $40 for all medically- save Medicare money. How? By doctors enact affordable, meaningful Medicare pre- necessary brand-name medicines. All prescribing medications instead of per- scription drug coverage. other drugs would cost no more than forming costly medical procedures. A Sincerely, $60. After two years, the co-pay will be physician on my staff recently told me WILLIAM D. NOVELLI, indexed to the increase in prescription that his students had never seen an Executive Director and CEO. drug prices. ulcer operation. Why? Because pre- THE NATIONAL COUNCIL ON THE AGING, Seniors who either pay $4,000 out of scription drugs have ended the need for Washington, DC, June 11, 2002. their own pocket or have a third party this surgery. Hon. BOB GRAHAM, contribute towards this $4,000 spending Improving Medicare by including a Hart Senate Office Building, level would pay no more. prescription drug benefit is a serious Washington, DC. Seniors with very low incomes, below and critical undertaking, and deserves DEAR SENATOR GRAHAM: On behalf of the 135 percent of poverty, would pay no our most serious efforts. We all know National Council on the Aging (NCOA)—the premiums. Seniors with incomes be- that our seniors cannot afford to wait nation’s first organization formed to rep- tween 135 and 150 percent of the pov- out another election cycle. resent America’s seniors and those who serve erty level would pay reduced pre- I am pleased to announce that the them—I write to commend and thank you for your proposal to provide meaningful Medi- miums. American Association of Retired Per- care prescription drug coverage to America’s And no senior will be faced with a sons, America Federation of State and seniors. The Medicare Outpatient Prescrip- burdensome ‘‘asset test’’ that could County Municipal Employees, the Na- tion Drug Act of 2002 is consistent with the deny them the very drugs they need. tional Council on the Aging, Families principles supported by the vast majority of

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.032 pfrm04 PsN: S14PT1 S5586 CONGRESSIONAL RECORD — SENATE June 14, 2002 organizations representing Medicare bene- year (faster than inflation) and seniors are In particular, we applaud your proposal’s ficiaries. It provides the foundation for a ve- spending more on out-of-pocket drug expend- provisions for continuous coverage. We be- hicle that we hope can achieve bipartisan itures than ever. The time is now to enact a lieve that it is one of the most critical com- consensus on this issue this year. drug benefit that will provide the Medicare ponents of a meaningful prescription drug NCOA is particularly pleased that your beneficiary with some assistance. benefit. Beneficiaries must have coverage legislation would provide prescription drug We are pleased that your plan would be they can count on, with no gaps in coverage. coverage that is universal, voluntary, reli- available for seniors, no matter where they Doing anything less would force our seniors able, and continuous. Other proposals being live. Our members have expressed to us that to pay all prescription costs out of their own offered include significant coverage gaps and a prescription drug benefit must be afford- pocket when they will need the coverage the would fail to solve the problem. Under such able. We believe that a plan such as yours, most. bills, a significant number of beneficiaries with no annual deductible and a $4,000 cap on would not want to participate in the pro- out of pocket expenditures, is reasonable and Since Medicare was started over 35 years gram, and many of those who do participate one that most seniors would be able to af- ago, many illnesses that were once only would continue to be forced to choose be- ford. treatable in a hospital can now be effectively tween buying food and essential medicines. We applaud you for your leadership in this treated with prescription drugs. Adding a We commend many of the modifications area. Please let me know how we can further drug benefit to the program is the most ur- you have made to your Medicare bill from support your efforts. gently needed Medicare reform. We applaud last year. These improvements include a sig- Sincerely, you for not holding the prescription drug nificantly lower premium, the option to pro- BARBARA KENNELLY, benefit hostage to force radical privatization vide a flat copayment, an earlier effective President. proposals that would cut benefits and in- date, and assistance with the very first pre- crease costs for retirees. scription. We believe these changes will FAMILIES USA, We look forward to working with you and make the coverage affordable and attractive Washington, DC, June 13, 2002. the other sponsors of this important legisla- to the vast majority of beneficiaries, which Sen. BOB GRAHAM, tion. A Medicare prescription drug benefit is is so critical to making a voluntary prescrip- Hart Senate Office Building, long overdue, and our nation’s seniors de- tion drug program work. While we have con- Washington, DC. serve no less. cerns about the need to reauthorize the pro- DEAR SENATOR GRAHAM: We congratulate Sincerely, gram after 2010, we understand the budget you and Senators Miller, Kennedy and CHARLES M. LOVELESS, trade-offs needed to provide meaningful and Rockefeller on the introduction of your bill, Director of Legislation. attractive coverage, and fully expect that ‘‘The Medicare Outpatient Prescription Drug the Congress would reauthorize the program. Act,’’ which provides a prescription drug NCOA is also pleased that your proposal benefit for Medicare beneficiaries. AMERICAN FEDERATION OF LABOR does not include price controls and that the This is an issue of utmost importance to AND CONGRESS OF INDUSTRIAL OR- program would promote stability and effi- all Americans who need prescription drugs, GANIZATIONS, ciency through administration by multiple, especially to seniors and people with disabil- Washington, DC, June 12, 2002. competing Pharmacy Benefit Managers ities. As you well know, seniors’ ability to Hon. BOB GRAHAM, (PBMs), using management tools available afford prescription drugs is a particularly U.S. Senate, Hart Senate Office Building, in the private sector in which PBMs would difficult problem today. In our 2001 report Washington, DC. be at risk of their performance, including ef- entitled, ‘‘Enough to Make You Sick: Pre- DEAR SENATOR GRAHAM: On behalf of the 13 fective cost containment. scription Drug Prices for the Elderly,’’ we million members of the AFL–CIO, I am writ- NCOA deeply appreciates your efforts to concluded that the 50 top drugs used by sen- move this critical debate in a direction that iors rose 2.3 times the rate of inflation being to commend you for your efforts to pro- guarantees access to meaningful coverage— tween 2000 and 2001. We are in the process of vide much-needed relief to Medicare bene- even in rural and frontier areas of the coun- updating this report for last year, and our ficiaries. Your proposal to create a voluntary try—and responds in a constructive manner preliminary data shows that this devastating drug benefit within the Medicare program to many of the specific concerns that have rate of price increases continues. Millions of represents an encouraging and solid step to- been raised regarding other Medicare pre- seniors have limited income and no, or lim- ward enacting the one reform most urgently scription drug proposals. ited, drug coverage and will find themselves needed for Medicare. It is impossible to have real health secu- deciding whether to buy drugs or to pay for Seniors need a real benefit that provides rity without coverage for prescription drugs. other essentials. comprehensive, continuous and certain cov- Prescription drug coverage is the number Your bill addresses many important design erage. The Graham-Miller-Kennedy bill pro- one legislative priority for America’s sen- issues that we care about in a Medicare pre- vides that benefit, giving seniors coverage iors. Virtually every member of Congress has scription drug benefit. The benefit is uni- they can count on. A Medicare drug benefit made campaign promises to try to pass a versal, comprehensive, and is delivered must also be affordable for beneficiaries. The good prescription drug bill. The time has through the Medicare program, ensuring $25 monthly premium and zero deductible in come to get serious and to work together to that seniors know it will be available to your proposal means seniors need only pay achieve consensus on the issues in con- them when it is needed. Low-income people an affordable premium to begin getting cov- troversy. Your proposal provides us with an get extra assistance. Also, there are provi- erage immediately. And no senior will have excellent starting point. sions to assure that costs will be contained to pay more than $40 for the drugs they need NCOA looks forward to working on a bipar- and quality maintained. and often will pay less. tisan basis with you and other members of Please let us know how we can assist you Congress to pass legislation this year that to move this bill toward enactment so that In addition, your proposal would not put at provides meaningful, continuous, affordable all Medicare beneficiaries can have access to risk those retirees who currently have some prescription drug coverage to all Medicare the prescription drugs they need. prescription drug coverage through an em- beneficiaries. Sincerely, ployer. Retiree health care is the primary Sincerely, RONALD F. POLLACK, source of prescription drug coverage for sen- JAMES FIRMAN, Executive Director. iors, and your proposal rightly provides some President and CEO. relief for employers that choose to continue AMERICAN FEDERATION OF STATE, that coverage. NATIONAL COMMITTEE TO PRESERVE COUNTY AND MUNICIPAL EMPLOY- A proposal widely reported under consider- SOCIAL SECURITY AND MEDICARE, EES, AFL–CIO, ation by House Republican leaders offers Washington, DC, June 12, 2002. Washington, DC, June 12, 2002. only unreliable, expensive and unworkable Sen. BOB GRAHAM, Senators EDWARD KENNEDY, BOB GRAHAM, coverage through private plans, with an Senate Hart Office Building, and ZELL MILLER, enormous gap in coverage that leaves seniors Washington, DC. U.S. Senate, without any coverage at all for drug costs DEAR SENATOR GRAHAM: On behalf of the Washington, DC. between $2000 and $4500. And the only relief millions of members and supporters of the DEAR SENATORS: On behalf of the 1.3 mil- for employers is if they drop the coverage National Committee to Preserve Social Se- lion members of the American Federation of they now offer. Such a proposal will not curity and Medicare, I write in support of State, County and Municipal Employees move us any closer to a real benefit. your Medicare prescription drug legislation (AFSCME), I am writing to express our sup- that will provide much needed relief to sen- port for the Medicare prescription drug ben- As this debate moves forward, we want to iors. Your bill contains all of the elements efit proposal you unveiled today. work with you and your co-sponsors to enact that seniors need in a comprehensive drug AFSCME has long supported the creation the best possible Medicare drug benefit. We benefit under Medicare, such as universal, of a Medicare prescription drug benefit that appreciate your role in advancing that proc- voluntary, affordable, not means tested and is comprehensive in coverage, affordable and ess. most importantly, with a defined benefit, so voluntary for all Medicare beneficiaries. We Sincerely, that seniors can plan accordingly. Prescrip- believe that your proposal is a solid step for- WILLIAM SAMUEL, tion drug prices are increasing over 17% per ward in meeting these standards. Director of Legislation.

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ALLIANCE FOR RETIRED AMERICANS, appropriate incentive is in place for seniors ‘‘Sec. 1860K. Prescription Drug Account in Washington, DC, June 12, 2002. to consider more cost-effective options when the Federal Supplementary Sen. EDWARD M. KENNEDY, making choices about pharmaceutical thera- Medical Insurance Trust Fund. U.S. Senate, pies. We believe an explicit dollar co-pay will ‘‘Sec. 1860L. Medicare Prescription Drug Ad- Washington, DC. also provide seniors with the comfort of visory Committee.’’. DEAR SENATOR KENNEDY: On behalf of the knowing they will pay a fixed cost to have Sec. 3. Part D benefits under over 2.7 million members of the Alliance for their prescriptions filled. Medicare+Choice plans. Retired Americans, I want to thank you for With your leadership, the Graham/Miller/ Sec. 4. Additional assistance for low-income your tireless work on behalf of older and dis- Kennedy bill employs a number of private beneficiaries. abled Americans to create a Medicare pre- sector best practices that are now widely Sec. 5. Medigap revisions. scription drug benefit program. I also want used to assure access to cost-effective, qual- Sec. 6. HHS studies and report on uniform to express our views on the Medicare pre- ity affordable medications. These provisions pharmacy benefit cards and scription drug legislation proposed by you not only encourage the appropriate and ben- systems for transferring pre- and Senators Graham and Miller. The Alli- eficial use of these products, but provide un- scriptions electronically. ance supports this proposal as a positive step biased and greatly needed educational infor- Sec. 7. GAO study and biennial reports on forward in the effort to create a Medicare mation to the public about the benefits of competition and savings. prescription drug benefit program. these medicines. Sec. 8. Expansion of membership and duties The Alliance for Retired Americans be- The Graham/Miller/Kennedy bill adheres to of Medicare Payment Advisory lieves that all older and disabled Americans GPhA’s principles for creating a Medicare Commission (MedPAC). need an affordable, comprehensive, and vol- prescription drug benefit and steers the SEC. 2. MEDICARE OUTPATIENT PRESCRIPTION untary Medicare prescription drug benefit Medicare reform debate down a prudent pub- DRUG BENEFIT PROGRAM. now. Such a benefit program should have low lic policy path. We look forward to working (a) ESTABLISHMENT.—Title XVIII of the So- monthly premiums, annual deductibles, and with you, your cosponsors and with other cial Security Act (42 U.S.C. 1395 et seq.) is be administered as part of the Medicare pro- Members of the House and Senate of both amended by redesignating part D as part E gram. Your proposed legislation meets these parties to further our common objective of and by inserting after part C the following Alliance principles. Unlike other proposals providing our nation’s nearly 40 million new part: that would begin in 2005, your plan would Medicare beneficiaries and the taxpayers ‘‘PART D—OUTPATIENT PRESCRIPTION DRUG start in 2004, which gives beneficiaries the who help support them with the most afford- BENEFIT PROGRAM coverage they need a full year earlier. able and highest quality prescription drug ‘‘DEFINITIONS The Alliance will work to enact your legis- benefit possible. If the rest of the Congress ‘‘SEC. 1860. In this part: lation. During legislative deliberations, the and the Administration follow your lead in ‘‘(1) COVERED OUTPATIENT DRUG.— Alliance will seek to improve benefits be- recognizing the role generics must play in ‘‘(A) IN GENERAL.—Except as provided in cause we believe that an 80/20 co-insurance reaching this objective, we are confident we payment system, like the rest of Medicare, subparagraph (B), the term ‘covered out- will achieve this goal. patient drug’ means any of the following will provide the best benefits for older and Thank you again for your efforts. If we can products: disabled Americans. The Alliance also sup- be of any assistance to you, please do not ‘‘(i) A drug which may be dispensed only ports a $2,000 annual catastrophic cap. We hesitate to call. upon prescription, and— will continue to work to improve any legisla- Sincerely, ‘‘(I) which is approved for safety and effec- tion that moves through Congress in order to KATHLEEN JAEGER, tiveness as a prescription drug under section reach these goals. President and CEO. 505 of the Federal Food, Drug, and Cosmetic Older Americans will spend $1.8 trillion on Mr. GRAHAM. I want to thank Sen- prescription drugs during the next decade. Act; The inflation rate for prescription drugs will ators MILLER and KENNEDY for their ‘‘(II)(aa) which was commercially used or continue at an annual double digit pace as leadership and commitment to this sold in the United States before the date of well. Our members and indeed all Americans issue, and urge all of our colleagues to enactment of the Drug Amendments of 1962 simply cannot afford these costs. We look join us in ensuring passage of this crit- or which is identical, similar, or related forward to working with you and Senators ical legislation this year. (within the meaning of section 310.6(b)(1) of Graham and Miller to enact a comprehensive I ask unanimous consent that the title 21 of the Code of Federal Regulations) to such a drug, and (bb) which has not been Medicare prescription drug benefit as soon as text of the legislation be printed in the possible. the subject of a final determination by the RECORD. Secretary that it is a ‘new drug’ (within the Sincerely yours, There being no objection, the bill was EDWARD F. COYLE, meaning of section 201(p) of the Federal Executive Director. ordered to be printed in the RECORD, as Food, Drug, and Cosmetic Act) or an action follows: brought by the Secretary under section 301, GENERIC PHARMACEUTICAL ASSOCIATION, S. 2625 302(a), or 304(a) of such Act to enforce section Washington, DC, June 12, 2002. Be it enacted by the Senate and House of Rep- 502(f) or 505(a) of such Act; or Hon. BOB GRAHAM, resentatives of the United States of America in ‘‘(III)(aa) which is described in section Hart Senate Office Building, Congress assembled, 107(c)(3) of the Drug Amendments of 1962 and Washington, DC. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. for which the Secretary has determined there is a compelling justification for its DEAR SENATOR GRAHAM: On behalf of the (a) SHORT TITLE.—This Act may be cited as Generic Pharmaceutical Association (GPhA), the ‘‘Medicare Outpatient Prescription Drug medical need, or is identical, similar, or re- we would like to commend you and Senators Act of 2002’’. lated (within the meaning of section Miller and Kennedy for your leadership in- (b) TABLE OF CONTENTS.—The table of con- 310.6(b)(1) of title 21 of the Code of Federal troducing legislation to create a Medicare tents of this Act is as follows: Regulations) to such a drug, and (bb) for which the Secretary has not issued a notice prescription drug benefit for our nation’s Sec. 1. Short title; table of contents. seniors. We agree with you that the passage Sec. 2. Medicare outpatient prescription of an opportunity for a hearing under section and enactment of a voluntary Medicare pre- drug benefit program. 505(e) of the Federal Food, Drug, and Cos- scription drug benefit is long overdue. We metic Act on a proposed order of the Sec- ‘‘PART D—OUTPATIENT PRESCRIPTION DRUG are strongly supportive of your innovative retary to withdraw approval of an applica- BENEFIT PROGRAM tiered co-pay structure, as well as the other tion for such drug under such section be- provisions advocated by you and your col- ‘‘Sec. 1860. Definitions. cause the Secretary has determined that the leagues, that are designed to increase the ‘‘Sec. 1860A. Establishment of outpatient drug is less than effective for all conditions utilization of high-quality, affordable ge- prescription drug benefit proof use prescribed, recommended, or sug- neric medicines. gram. gested in its labeling. Generic pharmaceuticals have a proven ‘‘Sec. 1860B. Enrollment under program. ‘‘(ii) A biological product which— ‘‘Sec. 1860C. Enrollment in a plan. track record of substantially lowering drug ‘‘(I) may only be dispensed upon prescrip- ‘‘Sec. 1860D. Providing information to bene- costs. Studies have shown that for every 1 tion; ficiaries. percent increase in generic drug utilization, ‘‘Sec. 1860E. Premiums. ‘‘(II) is licensed under section 351 of the consumer, business, and health plan pur- ‘‘Sec. 1860F. Outpatient prescription drug Public Health Service Act; and chasers save over $1 billion. The increased benefits. ‘‘(III) is produced at an establishment li- use of generics can play an invaluable role in ‘‘Sec. 1860G. Entities eligible to provide out- censed under such section to produce such helping Medicare, Medicaid, the Federal Em- patient drug benefit. product. ployees Health Benefit Plan (FEHBP) and ‘‘Sec. 1860H. Minimum standards for eligible ‘‘(iii) Insulin approved under appropriate other Federal and private plans assure that entities. Federal law, including needles, syringes, and beneficiaries have access to quality, afford- ‘‘Sec. 1860I. Payments. disposable pumps for the administration of able medications. A tiered co-pay system ‘‘Sec. 1860J. Employer incentive program for such insulin. with a significant differential between brand employment-based retiree drug ‘‘(iv) A prescribed drug or biological prod- and generic pharmaceuticals will ensure an coverage. uct that would meet the requirements of

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.036 pfrm04 PsN: S14PT1 S5588 CONGRESSIONAL RECORD — SENATE June 14, 2002 clause (i) or (ii) except that it is available ‘‘(ii) if so enrolled, shall obtain coverage of which elapsed between the date of termi- over-the-counter in addition to being avail- covered outpatient drugs through such plan. nation of a previous coverage period and the able upon prescription. ‘‘(B) MEDICARE PRESCRIPTION DRUG PLAN.— close of the enrollment period in which the ‘‘(B) EXCLUSION.—The term ‘covered out- If the eligible beneficiary is not enrolled in a beneficiary reenrolled. patient drug’ does not include any product— Medicare+Choice plan, the beneficiary shall ‘‘(C) PERIODS NOT TAKEN INTO ACCOUNT.— ‘‘(i) except as provided in subparagraph obtain coverage of covered outpatient drugs ‘‘(i) IN GENERAL.—For purposes of calcu- (A)(iv), which may be distributed to individ- through enrollment in a plan offered by an lating any 12-month period under subpara- uals without a prescription; eligible entity with a contract under this graph (A), subject to clause (ii), there shall ‘‘(ii) for which payment is available under part. not be taken into account months for which part A or B or would be available under part ‘‘(2) VOLUNTARY NATURE OF PROGRAM.— the eligible beneficiary can demonstrate B but for the application of a deductible Nothing in this part shall be construed as re- that the beneficiary had creditable prescrip- under such part (unless payment for such quiring an eligible beneficiary to enroll in tion drug coverage (as defined in subpara- product is not available because benefits the program established under this part. graph (F)). under part A or B have been exhausted), de- ‘‘(3) SCOPE OF BENEFITS.—The program es- ‘‘(ii) APPLICATION.—This subparagraph termined, except as provided in subpara- tablished under this part shall provide for shall only apply with respect to a coverage graph (C), without regard to whether the coverage of all therapeutic classes of covered period the enrollment for which occurs be- beneficiary involved is entitled to benefits outpatient drugs. fore the end of the 60-day period that begins under part A or enrolled under part B; or ‘‘(b) ACCESS TO ALTERNATIVE PRESCRIPTION on the first day of the month which ‘‘(iii) except for agents used to promote DRUG COVERAGE.—In the case of an eligible includes— smoking cessation and agents used for the beneficiary who has creditable prescription ‘‘(I) in the case of a beneficiary with cov- treatment of obesity, for which coverage drug coverage (as defined in section erage described in clause (ii) of subparagraph may be excluded or restricted under section 1860B(b)(1)(F)), such beneficiary— (F), the date on which the plan terminates, 1927(d)(2). ‘‘(1) may continue to receive such coverage ceases to provide, or reduces the value of the ‘‘(C) CLARIFICATION REGARDING IMMUNO- and not enroll under this part; and prescription drug coverage under such plan SUPPRESSIVE DRUGS.—In the case of a bene- ‘‘(2) pursuant to section 1860B(b)(1)(C), is to below the actuarial value of the coverage ficiary who is not eligible for any coverage permitted to subsequently enroll under this provided under the program under this part; under part B of drugs described in section part without any penalty and obtain cov- or 1861(s)(2)(J) because of the requirements erage of covered outpatient drugs in the ‘‘(II) in the case of a beneficiary with cov- under such section (and would not be so eli- manner described in subsection (a) if the erage described in clause (i), (iii), or (iv) of gible if the individual were enrolled under beneficiary involuntarily loses such cov- subparagraph (F), the date on which the ben- such part), the term ‘covered outpatient erage. eficiary loses eligibility for such coverage. drug’ shall include such drugs if the drugs ‘‘(c) FINANCING.—The costs of providing ‘‘(D) PERIODS TREATED SEPARATELY.—Any would otherwise be described in subpara- benefits under this part shall be payable increase in an eligible beneficiary’s monthly graph (A). from the Prescription Drug Account. part D premium under subparagraph (A) with ‘‘(2) ELIGIBLE BENEFICIARY.—The term ‘eli- ‘‘ENROLLMENT UNDER PROGRAM respect to a particular continuous period of gible beneficiary’ means an individual that ‘‘SEC. 1860B. (a) ESTABLISHMENT OF PROC- eligibility shall not be applicable with re- is entitled to benefits under part A or en- ESS.— spect to any other continuous period of eligi- rolled under part B. ‘‘(1) PROCESS SIMILAR TO ENROLLMENT bility which the beneficiary may have. ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible UNDER PART B.—The Secretary shall establish ‘‘(E) CONTINUOUS PERIOD OF ELIGIBILITY.— entity’ means any entity that the Secretary a process through which an eligible bene- ‘‘(i) IN GENERAL.—Subject to clause (ii), for determines to be appropriate to provide eli- ficiary (including an eligible beneficiary en- purposes of this paragraph, an eligible bene- gible beneficiaries with covered outpatient rolled in a Medicare+Choice plan offered by a ficiary’s ‘continuous period of eligibility’ is drugs under a plan under this part, Medicare+Choice organization) may make an the period that begins with the first day on including— election to enroll under this part. Such proc- which the beneficiary is eligible to enroll ‘‘(A) a pharmacy benefit management com- ess shall be similar to the process for enroll- under section 1836 and ends with the bene- pany; ment in part B under section 1837, including ficiary’s death. ‘‘(B) a retail pharmacy delivery system; the deeming provisions of such section. ‘‘(ii) SEPARATE PERIOD.—Any period during ‘‘(C) a health plan or insurer; ‘‘(2) REQUIREMENT OF ENROLLMENT.—An eli- all of which an eligible beneficiary satisfied ‘‘(D) a State (through mechanisms estab- gible beneficiary must enroll under this part paragraph (1) of section 1836 and which ter- lished under a State plan under title XIX); in order to be eligible to receive covered out- minated in or before the month preceding ‘‘(E) any other entity approved by the Sec- patient drugs under this title. the month in which the beneficiary attained retary; or ‘‘(b) SPECIAL ENROLLMENT PROCEDURES.— age 65 shall be a separate ‘continuous period ‘‘(F) any combination of the entities de- ‘‘(1) LATE ENROLLMENT PENALTY.— of eligibility’ with respect to the beneficiary scribed in subparagraphs (A) through (E) if ‘‘(A) INCREASE IN PREMIUM.—Subject to the (and each such period which terminates shall the Secretary determines that such succeeding provisions of this paragraph, in be deemed not to have existed for purposes of combination— the case of an eligible beneficiary whose cov- subsequently applying this paragraph). ‘‘(i) increases the scope or efficiency of the erage period under this part began pursuant ‘‘(F) CREDITABLE PRESCRIPTION DRUG COV- provision of benefits under this part; and to an enrollment after the beneficiary’s ini- ERAGE DEFINED.—For purposes of this part, ‘‘(ii) is not anticompetitive. tial enrollment period under part B (deter- the term ‘creditable prescription drug cov- ‘‘(4) MEDICARE+CHOICE ORGANIZATION; mined pursuant to section 1837(d)) and not erage’ means any of the following: MEDICARE+CHOICE PLAN.—The terms pursuant to the open enrollment period de- ‘‘(i) MEDICAID PRESCRIPTION DRUG COV- ‘Medicare+Choice organization’ and scribed in paragraph (2), the Secretary shall ERAGE.—Prescription drug coverage under a ‘Medicare+Choice plan’ have the meanings establish procedures for increasing the medicaid plan under title XIX, including given such terms in subsections (a)(1) and amount of the monthly part D premium through the Program of All-inclusive Care (b)(1), respectively, of section 1859 (relating under section 1860E(a) applicable to such for the Elderly (PACE) under section 1934 to definitions relating to Medicare+Choice beneficiary— and through a social health maintenance or- organizations). ‘‘(i) by an amount that is equal to 10 per- ganization (referred to in section 4104(c) of ‘‘(5) PRESCRIPTION DRUG ACCOUNT.—The cent of such premium for each full 12-month the Balanced Budget Act of 1997). term ‘Prescription Drug Account’ means the period (in the same continuous period of eli- ‘‘(ii) PRESCRIPTION DRUG COVERAGE UNDER A Prescription Drug Account (as established gibility) in which the eligible beneficiary GROUP HEALTH PLAN.—Prescription drug cov- under section 1860K) in the Federal Supple- could have been enrolled under this part but erage under a group health plan, including a mentary Medical Insurance Trust Fund was not so enrolled; or health benefits plan under the Federal Em- under section 1841. ‘‘(ii) if determined appropriate by the Sec- ployees Health Benefit Program under chap- ‘‘ESTABLISHMENT OF OUTPATIENT retary, by an amount that the Secretary deter 89 of title 5, United States Code, and a PRESCRIPTION DRUG BENEFIT PROGRAM termines is actuarily sound for each such pe- qualified retiree prescription drug plan (as ‘‘SEC. 1860A. (a) PROVISION OF BENEFIT.— riod. defined in section 1860J(e)(3)), that provides ‘‘(1) IN GENERAL.—Beginning in 2004, the ‘‘(B) PERIODS TAKEN INTO ACCOUNT.—For coverage of the cost of prescription drugs the Secretary shall provide for and administer purposes of calculating any 12-month period actuarial value of which (as defined by the an outpatient prescription drug benefit pro- under subparagraph (A), there shall be taken Secretary) to the beneficiary equals or ex- gram under which each eligible beneficiary into account— ceeds the actuarial value of the benefits pro- enrolled under this part shall be provided ‘‘(i) the months which elapsed between the vided to an individual enrolled in the out- with coverage of covered outpatient drugs as close of the eligible beneficiary’s initial en- patient prescription drug benefit program follows: rollment period and the close of the enroll- under this part. ‘‘(A) MEDICARE+CHOICE PLAN.—If the eligi- ment period in which the beneficiary en- ‘‘(iii) STATE PHARMACEUTICAL ASSISTANCE ble beneficiary is eligible to enroll in a rolled; and PROGRAM.—Coverage of prescription drugs Medicare+Choice plan, the beneficiary— ‘‘(ii) in the case of an eligible beneficiary under a State pharmaceutical assistance pro- ‘‘(i) may enroll in such a plan; and who reenrolls under this part, the months gram.

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‘‘(iv) VETERANS’ COVERAGE OF PRESCRIPTION and serves the geographic area in which the ‘‘(B) QUALITY AND PERFORMANCE.—To the DRUGS.—Coverage of prescription drugs for beneficiary resides. Such process shall in- extent available, the quality and perform- veterans, and survivors and dependents of clude for the default enrollment in such a ance of the eligible entity offering the plan. veterans, under chapter 17 of title 38, United plan in the case of an eligible beneficiary ‘‘(C) BENEFICIARY COST-SHARING.—The cost- States Code. who is enrolled under this part but who has sharing required of eligible beneficiaries ‘‘(2) OPEN ENROLLMENT PERIOD FOR CURRENT failed to make an election of such a plan. under the plan. BENEFICIARIES IN WHICH LATE ENROLLMENT ‘‘(B) RULES.—In establishing the process ‘‘(D) CONSUMER SATISFACTION SURVEYS.—To PROCEDURES DO NOT APPLY.— under subparagraph (A), the Secretary the extent available, the results of consumer ‘‘(A) IN GENERAL.—The Secretary shall es- shall— satisfaction surveys regarding the plan and tablish an applicable period, which shall ‘‘(i) use rules similar to the rules for en- the eligible entity offering such plan. begin on the date on which the Secretary rollment, disenrollment, and termination of ‘‘(E) ADDITIONAL INFORMATION.—Such addi- first begins to accept elections for enroll- enrollment with a Medicare+Choice plan tional information as the Secretary may pre- ment under this part, during which any eligi- under section 1851, including— scribe. ble beneficiary may enroll under this part ‘‘(I) the establishment of special election ‘‘(3) INFORMATION STANDARDS.—The Sec- without the application of the late enroll- periods under subsection (e)(4) of such secretary shall develop standards to ensure that ment procedures established under para- tion; and the information provided to eligible bene- graph (1)(A). ‘‘(II) the application of the guaranteed ficiaries under this part is complete, accu- ‘‘(B) OPEN ENROLLMENT PERIOD TO BEGIN issue and renewal provisions of subsection rate, and uniform. PRIOR TO JANUARY 1, 2004.—The Secretary (g) of such section (other than paragraph ‘‘(c) USE OF MEDICARE CONSUMER COALI- shall ensure that eligible beneficiaries are (3)(C)(i), relating to default enrollment); and TIONS TO PROVIDE INFORMATION.— permitted to enroll under this part prior to ‘‘(ii) coordinate enrollments, ‘‘(1) IN GENERAL.—The Secretary may con- January 1, 2004, in order to ensure that cov- disenrollments, and terminations of enroll- tract with Medicare Consumer Coalitions to erage under this part is effective as of such ment under part C with enrollments, conduct the informational activities under— date. disenrollments, and terminations of enroll- ‘‘(A) this section; ‘‘(B) section 1851(d); and ‘‘(3) SPECIAL ENROLLMENT PERIOD FOR BENE- ment under this part. ‘‘(C) section 1804. FICIARIES WHO INVOLUNTARILY LOSE CRED- ‘‘(2) FIRST ENROLLMENT PERIOD FOR PLAN ‘‘(2) SELECTION OF COALITIONS.—If the Sec- ITABLE PRESCRIPTION DRUG COVERAGE.—The ENROLLMENT.—The process developed under retary determines the use of Medicare Con- Secretary shall establish a special open en- paragraph (1) shall— sumer Coalitions to be appropriate, the Sec- rollment period for an eligible beneficiary ‘‘(A) ensure that eligible beneficiaries who retary shall— that loses creditable prescription drug cov- choose to enroll under this part are per- ‘‘(A) develop and disseminate, in such erage. mitted to enroll with an eligible entity prior areas as the Secretary determines appro- ‘‘(c) PERIOD OF COVERAGE.— to January 1, 2004, in order to ensure that priate, a request for proposals for Medicare ‘‘(1) IN GENERAL.—Except as provided in coverage under this part is effective as of Consumer Coalitions to contract with the paragraph (2) and subject to paragraph (3), such date; and Secretary in order to conduct any of the in- an eligible beneficiary’s coverage under the ‘‘(B) be coordinated with the open enroll- formational activities described in para- program under this part shall be effective for ment period under section 1860B(b)(2)(A). graph (1); and the period provided in section 1838, as if that ‘‘(b) MEDICARE+CHOICE ENROLLEES.— ‘‘(B) select a proposal of a Medicare Con- section applied to the program under this ‘‘(1) IN GENERAL.—An eligible beneficiary sumer Coalition to conduct the informa- part. who is enrolled under this part and enrolled tional activities in each such area, with a ‘‘(2) OPEN AND SPECIAL ENROLLMENT.—Sub- in a Medicare+Choice plan offered by a preference for broad participation by organi- ject to paragraph (3), an eligible beneficiary Medicare+Choice organization shall receive zations with experience in providing infor- who enrolls under the program under this coverage of covered outpatient drugs under mation to beneficiaries under this title. part pursuant to paragraph (2) or (3) of sub- this part through such plan. ‘‘(3) PAYMENT TO MEDICARE CONSUMER COA- section (b) shall be entitled to the benefits ‘‘(2) RULES.—Enrollment in a LITIONS.—The Secretary shall make pay- under this part beginning on the first day of Medicare+Choice plan is subject to the rules ments to Medicare Consumer Coalitions con- the month following the month in which for enrollment in such a plan under section tracting under this subsection in such such enrollment occurs. 1851. amounts and in such manner as the Sec- ‘‘(3) LIMITATION.—Coverage under this part ‘‘PROVIDING INFORMATION TO BENEFICIARIES retary determines appropriate. shall not begin prior to January 1, 2004. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) TERMINATION.— ‘‘SEC. 1860D. (a) ACTIVITIES.— There are authorized to be appropriated to ‘‘(1) IN GENERAL.—The causes of termi- ‘‘(1) IN GENERAL.—The Secretary shall con- the Secretary such sums as may be nec- nation specified in section 1838 shall apply to duct activities that are designed to broadly essary to contract with Medicare Consumer this part in the same manner as such causes disseminate information to eligible bene- Coalitions under this section. apply to part B. ficiaries (and prospective eligible bene- ‘‘(5) MEDICARE CONSUMER COALITION DE- ‘‘(2) COVERAGE TERMINATED BY TERMINATION ficiaries) regarding the coverage provided FINED.—In this subsection, the term ‘Medi- OF COVERAGE UNDER PARTS A AND B.— under this part. care Consumer Coalition’ means an entity ‘‘(A) IN GENERAL.—In addition to the ‘‘(2) SPECIAL RULE FOR FIRST ENROLLMENT that is a nonprofit organization operated causes of termination specified in paragraph UNDER THE PROGRAM.—To the extent prac- under the direction of a board of directors (1), the Secretary shall terminate an individ- ticable, the activities described in paragraph that is primarily composed of beneficiaries ual’s coverage under this part if the indi- (1) shall ensure that eligible beneficiaries are under this title. vidual is no longer enrolled in either part A provided with such information at least 30 ‘‘PREMIUMS or B. days prior to the open enrollment period de- ‘‘SEC. 1860E. (a) ANNUAL ESTABLISHMENT OF ‘‘(B) EFFECTIVE DATE.—The termination described in section 1860B(b)(2)(A). MONTHLY PART D PREMIUM RATES.— scribed in subparagraph (A) shall be effective ‘‘(b) REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall, dur- on the effective date of termination of cov- ‘‘(1) IN GENERAL.—The activities described ing September of each year (beginning in erage under part A or (if later) under part B. in subsection (a) shall— 2003), determine and promulgate a monthly ‘‘(3) PROCEDURES REGARDING TERMINATION ‘‘(A) be similar to the activities performed part D premium rate for the succeeding year. OF A BENEFICIARY UNDER A PLAN.—The Sec- by the Secretary under section 1851(d); ‘‘(2) AMOUNT.—The Secretary shall deter- retary shall establish procedures for deter- ‘‘(B) be coordinated with the activities per- mine the monthly part D premium rate for mining the status of an eligible beneficiary’s formed by the Secretary under such section the succeeding year as follows: enrollment under this part if the bene- and under section 1804; and ‘‘(A) PREMIUM FOR 2004.—The monthly part ficiary’s enrollment in a plan offered by an ‘‘(C) provide for the dissemination of infor- D premium rate for 2004 shall be $25. eligible entity under this part is terminated mation comparing the plans offered by eligi- ‘‘(B) INFLATION ADJUSTMENT OF PREMIUM by the entity for cause (pursuant to proce- ble entities under this part that are avail- FOR 2005 AND SUBSEQUENT YEARS.— dures established by the Secretary under sec- able to eligible beneficiaries residing in an ‘‘(i) IN GENERAL.—Subject to clause (ii), in tion 1860C(a)(1)). area. the case of any calendar year beginning after ‘‘ENROLLMENT IN A PLAN ‘‘(2) COMPARATIVE INFORMATION.—The com- 2004, the monthly part D premium rate for ‘‘SEC. 1860C. (a) PROCESS.— parative information described in paragraph the year shall be the amount described in ‘‘(1) ESTABLISHMENT.— (1)(C) shall include a comparison of the fol- subparagraph (A) increased by an amount ‘‘(A) IN GENERAL.—The Secretary shall es- lowing: equal to— tablish a process through which an eligible ‘‘(A) BENEFITS.—The benefits provided ‘‘(I) such dollar amount, multiplied by beneficiary who is enrolled under this part under the plan, including the prices bene- ‘‘(II) the percentage (if any) by which the but not enrolled in a Medicare+Choice plan ficiaries will be charged for covered out- amount of the average annual per capita ag- offered by a Medicare+Choice organization patient drugs, any preferred pharmacy net- gregate expenditures payable from the Pre- shall make an annual election to enroll in works used by the eligible entity under the scription Drug Account for the year (as esti- any plan offered by an eligible entity that plan, and the formularies and appeals proc- mated under section 1860J(c)(2)(C)) exceeds has been awarded a contract under this part esses under the plan. the amount of such expenditures in 2004.

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‘‘(ii) ROUNDING.—If the monthly part D pre- ‘‘(A) IN GENERAL.—If the amount of cost- ‘‘ENTITIES ELIGIBLE TO PROVIDE OUTPATIENT mium rate determined under clause (i) is not sharing for a covered outpatient drug that DRUG BENEFIT a multiple of $1, such rate shall be rounded would otherwise be required under this sub- ‘‘SEC. 1860G. (a) ESTABLISHMENT OF PANELS to the nearest multiple of $1. section (but for this paragraph) is greater OF PLANS AVAILABLE IN AN AREA.— ‘‘(b) COLLECTION OF PART D PREMIUM.—The than the applicable amount, then the ‘‘(1) IN GENERAL.—The Secretary shall es- monthly part D premium applicable to an el- amount of such cost-sharing shall be reduced tablish procedures under which the igible beneficiary under this part (after ap- to an amount equal to such applicable Secretary— plication of any increase under section amount. ‘‘(A) accepts bids submitted by eligible en- 1860B(b)(1)) shall be collected and credited to ‘‘(B) APPLICABLE AMOUNT DEFINED.—For tities for the plans which such entities in- the Prescription Drug Account in the same purposes of subparagraph (A), the term ‘ap- tend to offer in an area established under manner as the monthly premium determined plicable amount’ means an amount equal subsection (b); and under section 1839 is collected and credited to— ‘‘(B) awards contracts to such entities to to the Federal Supplementary Medical Insur- ‘‘(i) in the case of generic drugs and pre- provide such plans to eligible beneficiaries in ance Trust Fund under section 1840. ferred brand name drugs, the negotiated the area. ‘‘OUTPATIENT PRESCRIPTION DRUG BENEFITS price for the drug (as reported to the Sec- ‘‘(2) COMPETITIVE PROCEDURES.—Competi- ‘‘SEC. 1860F. (a) REQUIREMENT.—A plan of- retary pursuant to section 1860H(a)(5)(A)) tive procedures (as defined in section 4(5) of fered by an eligible entity under this part less $5; and the Office of Federal Procurement Policy shall provide eligible beneficiaries enrolled ‘‘(ii) in the case of nonpreferred brand Act (41 U.S.C. 403(5))) shall be used to enter in such plan with— name drugs and nonformulary drugs, the ne- into contracts under this part. ‘‘(b) AREA FOR CONTRACTS.— ‘‘(1) coverage of covered outpatient drugs— gotiated price for the drug (as so reported). ‘‘(1) REGIONAL BASIS.— ‘‘(A) without the application of any de- ‘‘(4) NO COST-SHARING ONCE EXPENSES EQUAL ‘‘(A) IN GENERAL.—Except as provided in ductible; and ANNUAL OUT-OF-POCKET LIMIT.— subparagraph (B) and subject to paragraph ‘‘(B) with the cost-sharing described in ‘‘(A) IN GENERAL.—An eligible entity offer- (2), the contract entered into between the subsection (b); and ing a plan under this part shall provide cov- Secretary and an eligible entity with respect ‘‘(2) access to negotiated prices for such erage of covered outpatient drugs without any cost-sharing if the individual has in- to a plan shall require the eligible entity to drugs under subsection (c). provide coverage of covered outpatient drugs ‘‘(b) COST-SHARING.— curred costs (as described in subparagraph under the plan in a region determined by the ‘‘(1) THREE-TIERED COPAYMENT STRUCTURE (C)) for covered outpatient drugs in a year Secretary under paragraph (2). FOR DRUGS INCLUDED IN THE FORMULARY.— equal to the annual out-of-pocket limit spec- ‘‘(B) PARTIAL REGIONAL BASIS.— ‘‘(A) IN GENERAL.—Subject to the suc- ified in subparagraph (B). ‘‘(i) IN GENERAL.—If determined appro- ceeding provisions of this subsection, in the ‘‘(B) ANNUAL OUT-OF-POCKET LIMIT.—Sub- ject to paragraph (5), for purposes of this priate by the Secretary, the Secretary may case of a covered outpatient drug that is dis- permit the coverage described in subpara- pensed in a year to an eligible beneficiary part, the ‘annual out-of-pocket limit’ specified in this subparagraph is equal to $4,000. graph (A) to be provided in a partial region and that is included in the formulary estab- determined appropriate by the Secretary. lished by the eligible entity (pursuant to sec- ‘‘(C) APPLICATION.—In applying subparagraph (A)— ‘‘(ii) REQUIREMENTS.—If the Secretary per- tion 1860H(c)) for the plan, the beneficiary mits coverage pursuant to clause (i), the Sec- shall be responsible for a copayment for the ‘‘(i) incurred costs shall only include costs incurred for the cost-sharing described in retary shall ensure that the partial region in drug in an amount equal to the following: which coverage is provided is— ‘‘(i) GENERIC DRUGS.—In the case of a ge- this subsection; but ‘‘(ii) such costs shall be treated as incurred ‘‘(I) at least the size of the commercial neric covered outpatient drug, $10 for each service area of the eligible entity for that without regard to whether the individual or prescription (as defined by the Secretary in area; and another person, including a State program or consultation with the Medicare Prescription ‘‘(II) not smaller than a State. other third-party coverage, has paid for such Drug Advisory Committee established under ‘‘(2) DETERMINATION.— costs. section 1860L) of such drug. ‘‘(A) IN GENERAL.—In determining regions ‘‘(5) INFLATION ADJUSTMENT FOR COPAYMENT ‘‘(ii) PREFERRED BRAND NAME DRUGS.—In for contracts under this part, the Secretary AMOUNTS AND ANNUAL OUT-OF-POCKET LIMIT.— the case of a preferred brand name covered shall— ‘‘(A) IN GENERAL.—For any year after 2005— outpatient drug (including a drug treated as ‘‘(i) take into account the number of eligi- ‘‘(i) the copayment amounts described in a preferred brand name drug under subpara- ble beneficiaries in an area in order to en- clauses (i), (ii), and (iii) of paragraph (1)(A) graph (C)), $40 for each prescription (as so de- courage participation by eligible entities; are equal to the copayment amounts deter- fined) of such drug. and ‘‘(iii) NONPREFERRED BRAND NAME DRUG.— mined under such paragraph (or this para- ‘‘(ii) ensure that there are at least 10 dif- In the case of a nonpreferred brand name graph) for the previous year increased by the ferent regions in the United States. annual percentage increase described in sub- covered outpatient drug (that is not treated ‘‘(B) NO ADMINISTRATIVE OR JUDICIAL RE- paragraph (B); and as a preferred brand name drug under sub- VIEW.—The determination of coverage areas paragraph (C)), $60 for each prescription (as ‘‘(ii) the annual out-of-pocket limit speci- under this part shall not be subject to ad- so defined) of such drug. fied in paragraph (4)(B) is equal to the an- ministrative or judicial review. ‘‘(B) REDUCTION BY ELIGIBLE ENTITY.—An nual out-of-pocket limit determined under ‘‘(c) SUBMISSION OF BIDS.— eligible entity offering a plan under this part such paragraph (or this paragraph) for the ‘‘(1) SUBMISSION.— may reduce the applicable copayment previous year increased by the annual per- ‘‘(A) IN GENERAL.—Subject to subparagraph amount that an eligible beneficiary enrolled centage increase described in subparagraph (B), each eligible entity desiring to offer a in the plan is subject to under subparagraph (B). plan under this part in an area shall submit (A) if the Secretary determines that such ‘‘(B) ANNUAL PERCENTAGE INCREASE.—The a bid with respect to such plan to the Sec- reduction— annual percentage increase specified in this retary at such time, in such manner, and ac- ‘‘(i) is tied to the performance require- subparagraph for a year is equal to the an- companied by such information as the Sec- ments described in section 1860I(b)(1)(C); and nual percentage increase in the prices of cov- retary may reasonably require. ‘‘(ii) will not result in an increase in the ered outpatient drugs (including both price ‘‘(B) BID THAT COVERS MULTIPLE AREAS.— expenditures made from the Prescription inflation and price changes due to changes in The Secretary shall permit an eligible entity Drug Account. therapeutic mix), as determined by the Sec- to submit a single bid for multiple areas if ‘‘(C) TREATMENT OF MEDICALLY NECESSARY retary for the 12-month period ending in the bid is applicable to all such areas. NONPREFERRED AND NONFORMULARY DRUGS.— July of the previous year. ‘‘(2) REQUIRED INFORMATION.—The bids de- The eligible entity shall treat a nonpreferred ‘‘(C) ROUNDING.—If any amount determined scribed in paragraph (1) shall include— brand name drug and a nonformulary drug as under subparagraph (A) is not a multiple of ‘‘(A) a proposal for the estimated prices of a preferred brand name drug under subpara- $1, such amount shall be rounded to the near- covered outpatient drugs and the projected graph (A)(ii) if such nonpreferred or nonfor- est multiple of $1. annual increases in such prices, including mulary drug, as the case may be, is deter- ‘‘(c) ACCESS TO NEGOTIATED PRICES.—Under differentials between formulary and nonfor- mined (pursuant to subparagraph (D) or (E) a plan offered by an eligible entity with a mulary prices, if applicable; of section 1860H(a)(3)) to be medically nec- contract under this part, the eligible entity ‘‘(B) a statement regarding the amount essary. offering such plan shall provide eligible that the entity will charge the Secretary for ‘‘(2) AUTHORITY FOR INCREASED COST-SHAR- managing, administering, and delivering the beneficiaries enrolled in such plan with ac- ING FOR NONFORMULARY DRUGS.—Pursuant to benefits under the contract; cess to negotiated prices (including applica- section 1860H(c)(3)(A), an eligible entity of- ‘‘(C) a statement regarding whether the en- fering a plan under this part may require ble discounts) used for payment for covered tity will reduce the applicable cost-sharing cost-sharing for a nonformulary drug that is outpatient drugs, regardless of the fact that amount pursuant to section 1860F(b)(1)(B) higher than the copayment amount de- only partial benefits may be payable under and if so, the amount of such reduction and scribed in paragraph (1)(A)(iii). the coverage with respect to such drugs be- how such reduction is tied to the perform- ‘‘(3) COST-SHARING MAY NOT EXCEED NEGO- cause of the application of the cost-sharing ance requirements described in section TIATED PRICE.— under subsection (b). 1860I(b)(1)(C);

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.022 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5591 ‘‘(D) a detailed description of the perform- ‘‘(F) prior experience of the entity in man- accessible and convenient to eligible bene- ance requirements for which the payments aging, administering, and delivering a pre- ficiaries enrolled in the plan covered by the to the entity will be subject to risk pursuant scription drug benefit program; contract, including by offering the services to section 1860I(b)(1)(C); ‘‘(G) effectiveness of the entity and plan in 24 hours a day and 7 days a week for emer- ‘‘(E) a detailed description of access to containing costs through pricing incentives gencies. pharmacy services provided under the plan, and utilization management; and ‘‘(ii) AGREEMENTS WITH PHARMACIES.—The including information regarding— ‘‘(H) such other factors as the Secretary eligible entity shall enter into a participa- ‘‘(i) whether the entity will use a preferred deems necessary to evaluate the merits of tion agreement with any pharmacy that pharmacy network under the plan; and each bid. meets the requirements of subsection (d) to ‘‘(ii) if a preferred pharmacy network is ‘‘(3) EXCEPTION TO CONFLICT OF INTEREST furnish covered prescription drugs to eligible used, whether the entity will offer access to RULES.—In awarding contracts under this beneficiaries under this part. Such agree- pharmacies that are outside such network part, the Secretary may waive conflict of in- ments shall include the payment of a reason- and if such access is provided, rules for ac- terest laws generally applicable to Federal able dispensing fee for covered outpatient cessing such pharmacies; acquisitions (subject to such safeguards as drugs dispensed to a beneficiary under the ‘‘(F) with respect to the formulary used by the Secretary may find necessary to impose) agreement. in circumstances where the Secretary finds the entity, a detailed description of the pro- ‘‘(iii) PREFERRED PHARMACY NETWORKS.—If cedures and standards the entity will use that such waiver— the eligible entity utilizes a preferred phar- for— ‘‘(A) is not inconsistent with the— macy network, the network complies with ‘‘(i) purposes of the programs under this ‘‘(i) adding new drugs to a therapeutic the standards under subsection (e). title; or class within the formulary; and ‘‘(B) ENSURING THAT BENEFICIARIES ARE NOT ‘‘(ii) best interests of beneficiaries enrolled ‘‘(ii) determining when and how often the OVERCHARGED.—The eligible entity has pro- under this part; and formulary should be modified; cedures in place to ensure that each phar- ‘‘(B) permits a sufficient level of competi- ‘‘(G) a detailed description of any owner- macy with a participation agreement under tion for such contracts, promotes efficiency ship or shared financial interests with other this part with the entity complies with the of benefits administration, or otherwise entities involved in the delivery of the ben- requirements under subsection (d)(1)(C) (re- efit as proposed under the plan; serves the objectives of the program under this part. lating to adherence to negotiated prices). ‘‘(H) a detailed description of the entity’s ‘‘(C) CONTINUITY OF CARE.— ‘‘(4) NO ADMINISTRATIVE OR JUDICIAL RE- estimated marketing and advertising ex- ‘‘(i) IN GENERAL.—The eligible entity en- penditures related to enrolling eligible bene- VIEW.—The determination of the Secretary to award or not award a contract to an eligi- sures that, in the case of an eligible beneficiaries under the plan and retaining such ficiary who loses coverage under this part enrollment; and ble entity with respect to a plan under this part shall not be subject to administrative or with such entity under circumstances that ‘‘(I) such other information that the Sec- would permit a special election period (as es- retary determines is necessary in order to judicial review. ‘‘(f) APPROVAL OF MARKETING MATERIAL tablished by the Secretary under section carry out this part, including information AND APPLICATION FORMS.—The provisions of 1860C(a)(1)), the entity will continue to pro- relating to the bidding process under this section 1851(h) shall apply to marketing ma- vide coverage under this part to such bene- part. terial and application forms under this part ficiary until the beneficiary enrolls and re- ‘‘(d) ACCESS TO BENEFITS IN CERTAIN in the same manner as such provisions apply ceives such coverage with another eligible AREAS.— to marketing material and application forms entity under this part or, if eligible, with a ‘‘(1) AREAS NOT COVERED BY CONTRACTS.— under part C. Medicare+Choice organization. The Secretary shall develop procedures for ‘‘(g) DURATION OF CONTRACTS.—Each con- ‘‘(ii) LIMITED PERIOD.—In no event shall an the provision of covered outpatient drugs tract awarded under this part shall be for a eligible entity be required to provide the ex- under this part to each eligible beneficiary term of at least 2 years but not more than 5 tended coverage required under clause (i) be- enrolled under this part that resides in an years, as determined by the Secretary. yond the date which is 30 days after the cov- area that is not covered by any contract ‘‘MINIMUM STANDARDS FOR ELIGIBLE ENTITIES erage with such entity would have termi- under this part. ‘‘SEC. 1860H. (a) IN GENERAL.—The Sec- nated but for this subparagraph. ‘‘(2) BENEFICIARIES RESIDING IN DIFFERENT retary shall not award a contract to an eligi- ‘‘(D) PROCEDURES REGARDING THE DETER- LOCATIONS.—The Secretary shall develop pro- ble entity under this part unless the Sec- MINATION OF DRUGS THAT ARE MEDICALLY NEC- cedures to ensure that each eligible bene- retary finds that the eligible entity agrees to ESSARY.— ficiary enrolled under this part that resides comply with such terms and conditions as ‘‘(i) IN GENERAL.—The eligible entity has in in different areas in a year is provided the the Secretary shall specify, including the place procedures on a case-by-case basis to benefits under this part throughout the en- following: treat a nonpreferred brand name drug as a tire year. ‘‘(1) QUALITY AND FINANCIAL STANDARDS.— preferred brand name drug and a nonfor- ‘‘(e) AWARDING OF CONTRACTS.— The eligible entity meets the quality and fi- mulary drug as a preferred brand name drug ‘‘(1) NUMBER OF CONTRACTS.—The Secretary nancial standards specified by the Secretary. under this part if the nonpreferred brand shall, consistent with the requirements of ‘‘(2) PROCEDURES TO ENSURE PROPER UTILI- name drug or the nonformulary drug, as the this part and the goal of containing costs ZATION, COMPLIANCE, AND AVOIDANCE OF AD- case may be, is determined— under this title, award in a competitive man- VERSE DRUG REACTIONS.— ‘‘(I) to be not as effective for the enrollee ner at least 2 contracts to offer a plan in an ‘‘(A) IN GENERAL.—The eligible entity has in preventing or slowing the deterioration of, area, unless only 1 bidding entity (and the in place drug utilization review procedures or improving or maintaining, the health of plan offered by the entity) meets the min- to ensure— the enrollee; or imum standards specified under this part and ‘‘(i) the appropriate utilization by eligible ‘‘(II) to have a significant adverse effect on by the Secretary. beneficiaries enrolled in the plan covered by the enrollee. ‘‘(2) DETERMINATION.—In determining the contract of the benefits to be provided ‘‘(ii) REQUIREMENT.—The procedures under which of the eligible entities that submitted under the plan; clause (i) shall require that determinations bids that meet the minimum standards spec- ‘‘(ii) the avoidance of adverse drug reac- under such clause are based on professional ified under this part and by the Secretary to tions among such beneficiaries, including medical judgment, the medical condition of award a contract, the Secretary shall con- problems due to therapeutic duplication, the enrollee, and other medical evidence. sider the comparative merits of each bid, as drug-disease contraindications, drug-drug ‘‘(E) PROCEDURES REGARDING APPEAL determined on the basis of the past perform- interactions (including serious interactions RIGHTS WITH RESPECT TO DENIALS OF CARE.— ance of the entity and other relevant factors, with nonprescription or over-the-counter The eligible entity has in place procedures to with respect to— drugs), incorrect drug dosage or duration of ensure— ‘‘(A) how well the entity (and the plan of- drug treatment, drug-allergy interactions, ‘‘(i) a timely internal review for resolution fered by the entity) meet such minimum and clinical abuse and misuse; and of denials of coverage (in whole or in part standards; ‘‘(iii) the reasonable application of peer-re- and including those regarding the coverage ‘‘(B) the amount that the entity will viewed medical literature pertaining to im- of nonpreferred brand name drugs and non- charge the Secretary for managing, admin- provements in pharmaceutical safety and ap- formulary drugs as preferred brand name istering, and delivering the benefits under propriate use of drugs. drugs) in accordance with the medical ex- the contract; ‘‘(B) AUTHORITY TO USE CERTAIN COMPENDIA igencies of the case and a timely resolution ‘‘(C) the performance requirements for AND LITERATURE.—The eligible entity may of complaints, by enrollees in the plan, or by which the payments to the entity will be use the compendia and literature referred to providers, pharmacists, and other individuals subject to risk pursuant to section in clauses (i) and (ii), respectively, of section acting on behalf of each such enrollee (with 1860I(b)(1)(C); 1927(g)(1)(B) as a source for the utilization the enrollee’s consent) in accordance with ‘‘(D) the proposed negotiated prices of cov- review under subparagraph (A). requirements (as established by the Sec- ered outpatient drugs and annual increases ‘‘(3) PATIENT PROTECTIONS.— retary) that are comparable to such require- in such prices; ‘‘(A) ACCESS.— ments for Medicare+Choice organizations ‘‘(E) the factors described in section ‘‘(i) IN GENERAL.—The eligible entity en- under part C (and are not less favorable to 1860D(b)(2); sures that the covered outpatient drugs are the enrollee than such requirements under

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.022 pfrm04 PsN: S14PT1 S5592 CONGRESSIONAL RECORD — SENATE June 14, 2002

such part as in effect on the date of enact- ‘‘(i) IN GENERAL.—The eligible entity shall macy and therapeutic committee established ment of the Medicare Outpatient Prescrip- submit a report described in subparagraph by the Secretary in consultation with such tion Drug Act of 2002); (A) to the Secretary within 3 months after Medicare Prescription Drug Advisory Com- ‘‘(ii) that the entity complies in a timely the end of each 12-month period in which the mittee) to develop and implement the for- manner with requirements established by eligible entity has a contract under this mulary; the Secretary that (I) provide for an external part. Such report shall contain information ‘‘(B) assign all brand name drugs included review by an independent entity selected by concerning the benefits provided during such in the formulary to either the preferred cat- the Secretary of denials of coverage de- 12-month period. egory or nonpreferred category of drugs; scribed in clause (i) not resolved in the favor ‘‘(ii) LAST YEAR OF CONTRACT.—In the case ‘‘(C) include— of the beneficiary (or other complainant) of the last year of a contract under this part, ‘‘(i) all generic covered outpatient drugs in under the process described in such clause, the Secretary may require that a report de- the formulary; and (II) are comparable to the external re- scribed in subparagraph (A) be submitted 3 ‘‘(ii) at least 1 brand name covered out- view requirements established for months prior to the end of the contract. patient drug from each therapeutic class (as Medicare+Choice organizations under part C Such report shall contain information con- defined by the Secretary in consultation (and are not less favorable to the enrollee cerning the benefits provided between the with such Medicare Prescription Drug Advi- than such requirements under such part as in period covered by the most recent report sory Committee) as a preferred brand name effect on the date of enactment of the Medi- under this subparagraph and the date that a drug in the formulary; and care Outpatient Prescription Drug Act of report is submitted under this clause. ‘‘(iii) if there is more than 1 brand name ‘‘(C) CONFIDENTIALITY OF INFORMATION.— 2002); and covered outpatient drug available in a thera- ‘‘(i) IN GENERAL.—Notwithstanding any ‘‘(iii) that enrollees are provided with in- peutic class, at least 1 such drug as a pre- other provision of law and subject to clause formation regarding the appeals procedures ferred brand name drug in the formulary and (ii), information disclosed by an eligible en- under this part at the time of enrollment at least 1 such drug as a nonpreferred brand tity pursuant to subparagraph (A) (except for with the entity and upon request thereafter. information described in clause (ii) of such name drug in the formulary; ‘‘(F) PROCEDURES REGARDING PATIENT CON- subparagraph) is confidential and shall only ‘‘(D) develop procedures for the modifica- FIDENTIALITY.—Insofar as an eligible entity be used by the Secretary for the purposes of, tion of the formulary, including for the addi- maintains individually identifiable medical and to the extent necessary, to carry out tion of new drugs to an existing therapeutic records or other health information regard- this part. class; ing eligible beneficiaries enrolled in the plan ‘‘(ii) UTILIZATION DATA.—Subject to patient ‘‘(E) pursuant to section 1860F(b)(1)(C), pro- that is covered by the contract, the entity confidentiality laws, the Secretary shall vide for coverage of nonpreferred brand name has in place procedures to— make information disclosed by an eligible drugs and nonformulary drugs at the pre- ‘‘(i) safeguard the privacy of any individ- entity pursuant to subparagraph (A)(iv) (referred rate when determined under subpara- ually identifiable beneficiary information; garding utilization data) available for re- graph (D) or (E) of subsection (a)(3) to be ‘‘(ii) maintain such records and informa- search purposes. The Secretary may charge a medically necessary; tion in a manner that is accurate and time- reasonable fee for making such information ‘‘(F) disclose to current and prospective ly; available. beneficiaries and to providers in the service ‘‘(iii) ensure timely access by such bene- ‘‘(6) APPROVAL OF MARKETING MATERIAL AND area the nature of the formulary restric- ficiaries to such records and information; APPLICATION FORMS.—The eligible entity tions, including information regarding the and complies with the requirements described in drugs included in the formulary and any dif- ‘‘(iv) otherwise comply with applicable section 1860G(f). ference in the cost-sharing for— laws relating to patient confidentiality. ‘‘(7) RECORDS AND AUDITS.—The eligible en- ‘‘(i) drugs included in the formulary; and ‘‘(G) PROCEDURES REGARDING TRANSFER OF tity maintains adequate records related to ‘‘(ii) for drugs not included in the for- MEDICAL RECORDS.— the administration of the benefits under this mulary; and ‘‘(i) IN GENERAL.—The eligible entity has in part and affords the Secretary access to such ‘‘(G) provide a reasonable amount of notice place procedures for the timely transfer of records for auditing purposes. to beneficiaries enrolled in the plan that is records and information described in sub- ‘‘(b) SPECIAL RULES REGARDING COST-EF- covered by the contract under this part of paragraph (F) (with respect to a beneficiary FECTIVE PROVISION OF BENEFITS.—In pro- any change in the formulary. who loses coverage under this part with the viding the benefits under a contract under ‘‘(3) CONSTRUCTION.—Nothing in this part entity and enrolls with another entity (in- this part, an eligible entity shall— shall be construed as precluding an eligible cluding a Medicare+Choice organization) ‘‘(1) employ mechanisms to provide the entity from— under this part) to such other entity. benefits economically, such as through the ‘‘(A) except as provided in section ‘‘(ii) PATIENT CONFIDENTIALITY.—The proce- use of— 1860F(b)(1)(C) (relating to the coverage of dures described in clause (i) shall comply ‘‘(A) alternative methods of distribution; medically necessary drugs at the preferred with the patient confidentiality procedures ‘‘(B) preferred pharmacy networks (pursu- rate), requiring cost-sharing for nonfor- described in subparagraph (F). ant to subsection (e)); and mulary drugs that is higher than the copay- ‘‘(H) PROCEDURES REGARDING MEDICAL ER- ‘‘(C) generic drug substitution; ment amount established in section RORS.—The eligible entity has in place proce- ‘‘(2) use mechanisms to encourage eligible 1860F(b)(1)(A)(iii); dures for— beneficiaries to select cost-effective drugs or ‘‘(B) educating prescribing providers, phar- ‘‘(i) working with the Secretary to deter less costly means of receiving drugs, such as macists, and beneficiaries about the medical medical errors related to the provision of through the use of— and cost benefits of drugs included in the for- covered outpatient drugs; and ‘‘(A) pharmacy incentive programs; mulary (including generic drugs); or ‘‘(ii) ensuring that pharmacies with a con- ‘‘(B) therapeutic interchange programs; ‘‘(C) requesting prescribing providers to tract with the entity have in place proce- and consider a drug included in the formulary dures to deter medical errors related to the ‘‘(C) disease management programs; prior to dispensing of a drug not so included provision of covered outpatient drugs. ‘‘(3) encourage pharmacy providers to— or a preferred brand name drug prior to dis- ‘‘(4) PROCEDURES TO CONTROL FRAUD, ABUSE, ‘‘(A) inform beneficiaries of the differen- pensing of a nonpreferred brand name drug, AND WASTE.—The eligible entity has in place tials in price between generic and brand as long as such a request does not unduly procedures to control fraud, abuse, and name drug equivalents; and delay the provision of the drug. waste. ‘‘(B) provide medication therapy manage- ‘‘(5) REPORTING REQUIREMENTS.— ment programs in order to enhance bene- ‘‘(d) TERMS OF PARTICIPATION AGREEMENT ‘‘(A) IN GENERAL.—The eligible entity pro- ficiaries’ understanding of the appropriate WITH PHARMACIES.— vides the Secretary with reports containing use of medications and to reduce the risk of ‘‘(1) IN GENERAL.—A participation agree- information regarding the following: potential adverse events associated with ment between an eligible entity and a phar- ‘‘(i) The negotiated prices that the eligible medications; and macy under this part (pursuant to subsection entity is paying for covered outpatient ‘‘(4) develop and implement a formulary in (a)(3)(A)(ii)) shall include the following drugs. accordance with subsection (c). terms and conditions: ‘‘(ii) The prices that eligible beneficiaries ‘‘(c) REQUIREMENTS FOR FORMULARIES.— ‘‘(A) APPLICABLE REQUIREMENTS.—The enrolled in the plan that is covered by the ‘‘(1) IN GENERAL.—The formulary developed pharmacy shall meet (and throughout the contract will be charged for covered out- and implemented by the eligible entity shall contract period continue to meet) all appli- patient drugs. comply with standards established by the cable Federal requirements and State and ‘‘(iii) The management costs of providing Secretary in consultation with the Medicare local licensing requirements. such benefits. Prescription Drug Advisory Committee es- ‘‘(B) ACCESS AND QUALITY STANDARDS.—The ‘‘(iv) Utilization of such benefits. tablished under section 1860L. pharmacy shall comply with such standards ‘‘(v) Marketing and advertising expendi- ‘‘(2) REQUIREMENTS FOR STANDARDS.—The as the Secretary (and the eligible entity) tures related to enrolling and retaining eligi- standards established under paragraph (1) shall establish concerning the quality of, and ble beneficiaries. shall require that the eligible entity— enrolled beneficiaries’ access to, pharmacy ‘‘(B) TIMEFRAME FOR SUBMITTING RE- ‘‘(A) use a pharmacy and therapeutic com- services under this part. Such standards PORTS.— mittee (that meets the standards for a phar- shall require the pharmacy—

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.022 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5593 ‘‘(i) not to refuse to dispense covered out- ficiaries enrolled under this part and in the under this section with respect to coverage patient drugs to any eligible beneficiary en- plan offered by the entity, as measured by of an individual under a qualified retiree pre- rolled under this part; generic substitution rates, price discounts, scription drug plan (as defined in subsection ‘‘(ii) to keep patient records (including and other factors determined appropriate by (e)(3)), a sponsor shall meet the following re- the Secretary that do not reduce the access records on expenses) for all covered out- quirements: patient drugs dispensed to such enrolled of such beneficiaries to medically necessary ‘‘(1) ASSURANCES.—The sponsor shall— covered outpatient drugs. beneficiaries; ‘‘(A) annually attest, and provide such as- ‘‘(ii) QUALITY CLINICAL CARE.—The entity ‘‘(iii) to submit information (in a manner surances as the Secretary may require, that specified by the Secretary to be necessary to provides such beneficiaries with quality clin- the coverage offered by the sponsor is a administer this part) on all purchases of ical care, as measured by such factors as— qualified retiree prescription drug plan, and such drugs dispensed to such enrolled bene- ‘‘(I) the level of adverse drug reactions and will remain such a plan for the duration of ficiaries; and medical errors among such beneficiaries; and the sponsor’s participation in the program ‘‘(iv) to comply with periodic audits to as- ‘‘(II) providing specific clinical suggestions under this section; and sure compliance with the requirements of to improve health and patient and prescriber ‘‘(B) guarantee that it will give notice to this part and the accuracy of information education as appropriate. the Secretary and covered retirees— submitted. ‘‘(iii) QUALITY SERVICE.—The entity pro- ‘‘(i) at least 120 days before terminating its ‘‘(C) ENSURING THAT BENEFICIARIES ARE NOT vides such beneficiaries with quality serv- plan; and OVERCHARGED.— ices, as measured by such factors as sus- ‘‘(ii) immediately upon determining that ‘‘(i) ADHERENCE TO NEGOTIATED PRICES.— tained pharmacy network access, timeliness The total charge for each covered outpatient and accuracy of service delivery in claims the actuarial value of the prescription drug drug dispensed by the pharmacy to a bene- processing and card production, pharmacy benefit under the plan falls below the actu- ficiary enrolled in the plan, without regard and member service support access, response arial value of the outpatient prescription to whether the individual is financially re- time in mail delivery service, and timely ac- drug benefit under this part. sponsible for any or all of such charge, shall tion with regard to appeals and current bene- ‘‘(2) BENEFICIARY INFORMATION.—The spon- not exceed the negotiated price for the drug ficiary service surveys. sor shall report to the Secretary, for each (as reported to the Secretary pursuant to ‘‘(2) PERCENTAGE OF PAYMENT TIED TO calendar quarter for which it seeks an incen- subsection (a)(5)(A)). RISK.— tive payment under this section, the names ‘‘(ii) ADHERENCE TO BENEFICIARY OBLIGA- ‘‘(A) IN GENERAL.—Subject to subparagraph and social security numbers of all retirees TION.—The pharmacy may not charge (or col- (B), the Secretary shall determine the per- (and their spouses and dependents) covered lect from) such beneficiary an amount that centage (which may be up to 100 percent) of under such plan during such quarter and the exceed’s the cost-sharing that the bene- the payments made to an entity under sub- dates (if less than the full quarter) during ficiary is responsible for under this part (as paragraph (A) that will be tied to the per- which each such individual was covered. determined under section 1860F(b) using the formance requirements described in para- ‘‘(3) AUDITS.—The sponsor and the employ- negotiated price of the drug). graph (1)(C). ment-based retiree health coverage plan ‘‘(D) ADDITIONAL REQUIREMENTS.—The ‘‘(B) LIMITATION ON RISK TO ENSURE PRO- seeking incentive payments under this sec- pharmacy shall meet such additional con- GRAM STABILITY.—In order to provide for pro- tion shall agree to maintain, and to afford tract requirements as the eligible entity gram stability, the Secretary may not estab- the Secretary access to, such records as the specifies under this section. lish a percentage to be adjusted under this Secretary may require for purposes of audits ‘‘(2) APPLICABILITY OF FRAUD AND ABUSE subsection at a level that jeopardizes the and other oversight activities necessary to PROVISIONS.—The provisions of section 1128 ability of an eligible entity to administer ensure the adequacy of prescription drug through 1128C (relating to fraud and abuse) and deliver the benefits under this part or coverage, the accuracy of incentive pay- apply to pharmacies participating in the pro- administer and deliver such benefits in a ments made, and such other matters as may gram under this part. quality manner. be appropriate. ‘‘(e) PREFERRED PHARMACY NETWORKS.— ‘‘(3) RISK ADJUSTMENT OF PAYMENTS BASED ‘‘(4) OTHER REQUIREMENTS.—The sponsor ‘‘(1) IN GENERAL.—If an eligible entity uses ON ENROLLEES IN PLAN.—To the extent that shall provide such other information, and a preferred pharmacy network to deliver an eligible entity is at risk under this sub- comply with such other requirements, as the benefits under this part, such network shall section, the procedures established under Secretary may find necessary to administer meet minimum access standards established subsection (a) may include a methodology the program under this section. for risk adjusting the payments made to by the Secretary. ‘‘(c) INCENTIVE PAYMENTS.— such entity based on the differences in actu- ‘‘(2) STANDARDS.—In establishing standards ‘‘(1) IN GENERAL.—A sponsor that meets the arial risk of different enrollees being served under paragraph (1), the Secretary shall take requirements of subsection (b) with respect if the Secretary determines such adjust- into account reasonable distances to phar- to a quarter in a calendar year shall be enti- ments to be necessary and appropriate. macy services in both urban and rural areas. tled to have payment made by the Secretary ‘‘(4) PASS-THROUGH OF REBATES AND PRICE ‘‘PAYMENTS on a quarterly basis (to the sponsor or, at CONCESSIONS OBTAINED BY THE ELIGIBLE ENTI- ‘‘SEC. 1860I. (a) PROCEDURES FOR PAYMENTS the sponsor’s direction, to the appropriate TY.—The Secretary, if determined by the employment-based health plan) of an incen- TO ELIGIBLE ENTITIES.—The Secretary shall Secretary to be in the best interests of the tive payment, in the amount determined in establish procedures for making payments to medicare program or eligible beneficiaries, paragraph (2), for each retired individual (or each eligible entity with a contract under may establish procedures for reducing the spouse or dependent) who— this part for the management, administra- amount of payments to an eligible entity ‘‘(A) was covered under the sponsor’s quali- tion, and delivery of the benefits under this under subsection (a) to take into account fied retiree prescription drug plan during part. any rebates or price concessions obtained by ‘‘(b) REQUIREMENTS FOR PROCEDURES.— such quarter; and the entity from manufacturers of covered ‘‘(1) IN GENERAL.—The procedures estab- ‘‘(B) was eligible for, but was not enrolled outpatient drugs. lished under subsection (a) shall provide for ‘‘(c) PAYMENTS TO MEDICARE+CHOICE ORGA- in, the outpatient prescription drug benefit the following: NIZATIONS.—For provisions related to pay- program under this part. ‘‘(A) MANAGEMENT PAYMENT.—Payment for ments to Medicare+Choice organizations for ‘‘(2) AMOUNT OF PAYMENT.— the management, administration, and deliv- the administration and delivery of benefits ‘‘(A) IN GENERAL.—The amount of the pay- ery of the benefits under this part. under this part to eligible beneficiaries en- ment for a quarter shall be, for each indi- ‘‘(B) REIMBURSEMENT FOR NEGOTIATED rolled in a Medicare+Choice plan offered by vidual described in paragraph (1), 2⁄3 of the COSTS OF DRUGS PROVIDED.—Payments for the the organization, see section 1853(c)(8). sum of the monthly Government contribu- negotiated costs of covered outpatient drugs ‘‘(d) SECONDARY PAYER PROVISIONS.—The tion amounts (computed under subparagraph provided to eligible beneficiaries enrolled provisions of section 1862(b) shall apply to (B)) for each of the 3 months in the quarter. under this part and in a plan offered by the the benefits provided under this part. ‘‘(B) COMPUTATION OF MONTHLY GOVERN- eligible entity, reduced by any applicable ‘‘EMPLOYER INCENTIVE PROGRAM FOR MENT CONTRIBUTION AMOUNT.—For purposes of cost-sharing under section 1860F(b). EMPLOYMENT-BASED RETIREE DRUG COVERAGE subparagraph (A), the monthly Government ‘‘(C) RISK REQUIREMENT TO ENSURE PURSUIT ‘‘SEC. 1860J. (a) PROGRAM AUTHORITY.—The contribution amount for a month in a year is OF PERFORMANCE REQUIREMENTS.—An adjust- Secretary is authorized to develop and im- equal to the amount by which— ment of a percentage (as determined under plement a program under this section to be ‘‘(i) 1⁄12 of the amount estimated under subparagraph (2)) of the payments made to an known as the ‘Employer Incentive Program’ paragraph (C) for the year involved; exceeds entity under subparagraph (A) to ensure that that encourages employers and other spon- ‘‘(ii) the monthly Part D premium under the entity, in managing, administering, and sors of employment-based health care cov- section 1860E(a) (determined without regard delivering the benefits under this part, pur- erage to provide adequate prescription drug to any increase under section 1860B(b)(1)) for sues performance requirements established benefits to retired individuals by subsidizing, the month involved. by the Secretary, including the following: in part, the sponsor’s cost of providing cov- ‘‘(C) ESTIMATE OF AVERAGE ANNUAL PER ‘‘(i) CONTROL OF MEDICARE AND BENEFICIARY erage under qualifying plans. CAPITA AGGREGATE EXPENDITURES.— COSTS.—The entity contains costs to the Pre- ‘‘(b) SPONSOR REQUIREMENTS.—In order to ‘‘(i) IN GENERAL.—The Secretary shall for scription Drug Account and to eligible bene- be eligible to receive an incentive payment each year after 2003 estimate for that year

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.023 pfrm04 PsN: S14PT1 S5594 CONGRESSIONAL RECORD — SENATE June 14, 2002 an amount equal to average annual per cap- count shall be kept separate from all other ceptionally qualified to perform the duties of ita aggregate expenditures payable from the funds within the Federal Supplementary members of the Committee. Prescription Drug Account for that year. Medical Insurance Trust Fund. ‘‘(B) SPECIFIC MEMBERS.—Of the members ‘‘(ii) TIMEFRAME FOR ESTIMATION.—The Sec- ‘‘(b) PAYMENTS FROM ACCOUNT.— appointed under paragraph (1)— retary shall make the estimate described in ‘‘(1) IN GENERAL.—The Managing Trustee ‘‘(i) five shall be chosen to represent physi- clause (i) for a year before the beginning of shall pay from time to time from the Ac- cians, 2 of whom shall be geriatricians; that year. count such amounts as the Secretary cer- ‘‘(ii) two shall be chosen to represent nurse ‘‘(3) PAYMENT DATE.—The payment under tifies are necessary to make payments to op- practitioners; this section with respect to a calendar quar- erate the program under this part, including ‘‘(iii) four shall be chosen to represent ter shall be payable as of the end of the next payments to eligible entities under section pharmacists; succeeding calendar quarter. 1860I, payments to Medicare+Choice organi- ‘‘(iv) one shall be chosen to represent the ‘‘(d) CIVIL MONEY PENALTIES.—A sponsor, zations under section 1853(c)(8), and pay- Centers for Medicare & Medicaid Services; health plan, or other entity that the Sec- ments with respect to administrative ex- ‘‘(v) four shall be chosen to represent actu- retary determines has, directly or through penses under this part in accordance with aries, pharmacoeconomists, researchers, and its agent, provided information in connec- section 201(g). other appropriate experts; tion with a request for an incentive payment ‘‘(2) TREATMENT IN RELATION TO PART B PRE- ‘‘(vi) one shall be chosen to represent under this section that the entity knew or MIUM.—Amounts payable from the Account emerging drug technologies; should have known to be false shall be sub- shall not be taken into account in computing ‘‘(vii) one shall be closed to represent the ject to a civil monetary penalty in an actuarial rates or premium amounts under Food and Drug Administration; and amount up to 3 times the total incentive section 1839. ‘‘(viii) one shall be chosen to represent in- amounts under subsection (c) that were paid ‘‘(c) APPROPRIATIONS TO COVER BENEFITS dividuals enrolled under this part. (or would have been payable) on the basis of AND ADMINISTRATIVE COSTS.— ‘‘(d) TERMS OF APPOINTMENT.—Each mem- such information. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ber of the Committee shall serve for a term ‘‘(e) DEFINITIONS.—In this section: there are appropriated to the Account in a determined appropriate by the Secretary. ‘‘(1) EMPLOYMENT-BASED RETIREE HEALTH fiscal year, out of any moneys in the Treas- The terms of service of the members ini- COVERAGE.—The term ‘employment-based re- ury not otherwise appropriated, an amount tially appointed shall begin on January 1, tiree health coverage’ means health insur- equal to the amount by which the benefits 2003. ance or other coverage, whether provided by and administrative costs of providing the ‘‘(e) CHAIRPERSON.—The Secretary shall voluntary insurance coverage or pursuant to benefits under this part in the year exceed designate a member of the Committee as statutory or contractual obligation, of the premiums collected under section Chairperson. The term as Chairperson shall health care costs for retired individuals (or 1860E(b) for the year. be for a 1-year period. for such individuals and their spouses and ‘‘(2) LIMITATION.—No amounts shall be ap- ‘‘(f) COMMITTEE PERSONNEL MATTERS.— dependents) based on their status as former propriated, and no amounts expended, for ex- ‘‘(1) MEMBERS.— employees or labor union members. penses incurred for providing coverage of ‘‘(A) COMPENSATION.—Each member of the ‘‘(2) EMPLOYER.—The term ‘employer’ has covered outpatient drugs after January 1, Committee who is not an officer or employee the meaning given the term in section 3(5) of 2011. The Secretary may make payments on of the Federal Government shall be com- the Employee Retirement Income Security or after such date for expenses incurred to pensated at a rate equal to the daily equiva- Act of 1974 (except that such term shall in- the extent such expenses were incurred for lent of the annual rate of basic pay pre- clude only employers of 2 or more employ- providing coverage of covered outpatient scribed for level IV of the Executive Sched- ees). drugs prior to such date. ule under section 5315 of title 5, United States Code, for each day (including travel ‘‘(3) QUALIFIED RETIREE PRESCRIPTION DRUG ‘‘MEDICARE PRESCRIPTION DRUG ADVISORY time) during which such member is engaged PLAN.—The term ‘qualified retiree prescrip- COMMITTEE tion drug plan’ means health insurance cov- in the performance of the duties of the Com- ‘‘SEC. 1860L. (a) ESTABLISHMENT OF COM- erage included in employment-based retiree mittee. All members of the Committee who MITTEE.—There is established a Medicare health coverage that— are officers or employees of the United Prescription Drug Advisory Committee (in States shall serve without compensation in ‘‘(A) provides coverage of the cost of pre- this section referred to as the ‘Committee’). scription drugs with an actuarial value (as addition to that received for their services as ‘‘(b) FUNCTIONS OF COMMITTEE.—On and defined by the Secretary) to each retired officers or employees of the United States. after March 1, 2003, the Committee shall ad- ‘‘(B) TRAVEL EXPENSES.—The members of beneficiary that equals or exceeds the actu- vise the Secretary on policies related to— arial value of the benefits provided to an in- the Committee shall be allowed travel ex- ‘‘(1) the development of guidelines for the penses, including per diem in lieu of subsist- dividual enrolled in the outpatient prescrip- implementation and administration of the tion drug benefit program under this part; ence, at rates authorized for employees of outpatient prescription drug benefit program agencies under subchapter I of chapter 57 of and under this part; and ‘‘(B) does not deny, limit, or condition the title 5, United States Code, while away from ‘‘(2) the development of— their homes or regular places of business in coverage or provision of prescription drug ‘‘(A) standards for a pharmacy and thera- benefits for retired individuals based on age the performance of services for the Com- peutics committee required of eligible enti- mittee. or any health status-related factor described ties under section 1860H(c)(2)(A); in section 2702(a)(1) of the Public Health ‘‘(2) STAFF.—The Committee may appoint ‘‘(B) standards required under subpara- such personnel as the Committee considers Service Act. graphs (D) and (E) of section 1860H(a)(3) for ‘‘(4) SPONSOR.—The term ‘sponsor’ has the appropriate. determining if a drug is medically necessary; ‘‘(g) OPERATION OF THE COMMITTEE.— meaning given the term ‘plan sponsor’ in ‘‘(C) standards for— section 3(16)(B) of the Employer Retirement ‘‘(1) MEETINGS.—The Committee shall meet ‘‘(i) establishing therapeutic classes; at the call of the Chairperson (after con- Income Security Act of 1974. ‘‘(ii) adding new therapeutic classes to a ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— sultation with the other members of the formulary; and There are authorized to be appropriated from Committee) not less often than quarterly to ‘‘(iii) defining a prescription of covered time to time, out of any moneys in the consider a specific agenda of issues, as deter- outpatient drugs for purposes of applying Treasury not otherwise appropriated, such mined by the Chairperson after such con- cost-sharing under section 1860F(b); sums as may be necessary to carry out the sultation. ‘‘(D) procedures to evaluate the bids sub- program under this section. ‘‘(2) QUORUM.—Ten members of the Com- mitted by eligible entities under this part; mittee shall constitute a quorum for pur- ‘‘PRESCRIPTION DRUG ACCOUNT IN THE FEDERAL and poses of conducting business. SUPPLEMENTARY MEDICAL INSURANCE TRUST ‘‘(E) procedures to ensure that eligible en- ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— FUND tities with a contract under this part are in Section 14 of the Federal Advisory Com- ‘‘SEC. 1860K. (a) ESTABLISHMENT.— compliance with the requirements under this mittee Act (5 U.S.C. App.) shall not apply to ‘‘(1) IN GENERAL.—There is created within part. the Committee. the Federal Supplementary Medical Insur- ‘‘(c) STRUCTURE AND MEMBERSHIP OF THE ‘‘(i) TRANSFER OF PERSONNEL, RESOURCES, ance Trust Fund established by section 1841 COMMITTEE.— AND ASSETS.—For purposes of carrying out an account to be known as the ‘Prescription ‘‘(1) STRUCTURE.—The Committee shall be its duties, the Secretary and the Committee Drug Account’ (in this section referred to as composed of 19 members who shall be ap- may provide for the transfer to the Com- the ‘Account’). pointed by the Secretary. mittee of such civil service personnel in the ‘‘(2) FUNDS.—The Account shall consist of ‘‘(2) MEMBERSHIP.— employ of the Department of Health and such gifts and bequests as may be made as ‘‘(A) IN GENERAL.—The members of the Human Services (including the Centers for provided in section 201(i)(1), and such Committee shall be chosen on the basis of Medicare & Medicaid Services), and such re- amounts as may be deposited in, or appro- their integrity, impartiality, and good judg- sources and assets of the Department used in priated to, the account as provided in this ment, and shall be individuals who are, by carrying out this title, as the Committee re- part. reason of their education, experience, attain- quires. ‘‘(3) SEPARATE FROM REST OF TRUST FUND.— ments, and understanding of pharmaceutical ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— Funds provided under this part to the Ac- cost control and quality enhancement, ex- There are authorized to be appropriated such

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.023 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5595 sums as may be necessary to carry out the (2) in subparagraph (E), by striking the pe- Medicare+Choice plan on or after January 1, purposes of this section.’’. riod at the end and inserting ‘‘; and’’; and 2004. (b) EXCLUSIONS FROM COVERAGE.— (3) by adding at the end the following new SEC. 4. ADDITIONAL ASSISTANCE FOR LOW-IN- (1) APPLICATION TO PART D.—Section 1862(a) subparagraph: COME BENEFICIARIES. of the Social Security Act (42 U.S.C. 1395y(a)) ‘‘(F) in the case of covered outpatient (a) INCLUSION IN MEDICARE COST-SHARING.— is amended in the matter preceding para- drugs (as defined in section 1860(1)) provided Section 1905(p)(3) of the Social Security Act graph (1) by striking ‘‘part A or part B’’ and to individuals enrolled under part D, the or- (42 U.S.C. 1396d(p)(3)) is amended— inserting ‘‘part A, B, or D’’. ganization complies with the access require- (1) in subparagraph (A)— (2) PRESCRIPTION DRUGS NOT EXCLUDED ments applicable under part D.’’. (A) in clause (i), by striking ‘‘and’’ at the FROM COVERAGE IF REASONABLE AND NEC- (d) PAYMENTS TO ORGANIZATIONS FOR PART end; ESSARY.—Section 1862(a)(1) of the Social Se- D BENEFITS.— (B) in clause (ii), by inserting ‘‘and’’ at the curity Act (42 U.S.C. 1395y(a)(1)) is (1) IN GENERAL.—Section 1853(a)(1)(A) of end; and amended— the Social Security Act (42 U.S.C. 1395w– (C) by adding at the end the following new (A) in subparagraph (H), by striking ‘‘and’’ 23(a)(1)(A)) is amended— clause: at the end; (A) by inserting ‘‘determined separately ‘‘(iii) premiums under section 1860E(a).’’; (B) in subparagraph (I), by striking the for the benefits under parts A and B and and semicolon at the end and inserting ‘‘, and’’; under part D (for individuals enrolled under (2) in subparagraph (B), by inserting ‘‘and and that part)’’ after ‘‘as calculated under sub- cost-sharing described in section 1860F(b)’’ (C) by adding at the end the following new section (c)’’; after ‘‘section 1813’’. subparagraph: (B) by striking ‘‘that area, adjusted for (b) EXPANSION OF MEDICAL ASSISTANCE.— ‘‘(J) in the case of prescription drugs cov- such risk factors’’ and inserting ‘‘that area. Section 1902(a)(10)(E) of the Social Security ered under part D, which are not reasonable In the case of payment for the benefits under Act (42 U.S.C. 1396a(a)(10)(E)) is amended— and necessary to prevent or slow the deterio- parts A and B, such payment shall be ad- (1) in clause (iii)— ration of, or improve or maintain, the health justed for such risk factors as’’; and (A) by striking ‘‘section 1905(p)(3)(A)(ii)’’ of eligible beneficiaries;’’. (C) by inserting before the last sentence and inserting ‘‘clauses (ii) and (iii) of section (c) CONFORMING AMENDMENTS TO FEDERAL the following: ‘‘In the case of the payments 1905(p)(3)(A) and for medicare cost-sharing SUPPLEMENTARY MEDICAL INSURANCE TRUST under subsection (c)(8) for the provision of described in section 1905(p)(3)(B) (but only FUND.—Section 1841 of the Social Security coverage of covered outpatient drugs to indi- insofar as it relates to benefits provided Act (42 U.S.C. 1395t) is amended— viduals enrolled under part D, such payment under part D of title XVIII),’’; and (1) in the last sentence of subsection (a)— shall be adjusted for the risk factors of each (B) by striking ‘‘and’’ at the end; (A) by striking ‘‘and’’ before ‘‘such enrollee as the Secretary determines to be (2) by redesignating clause (iv) as clause amounts’’; and feasible and appropriate to ensure actuarial (vi); and (B) by inserting before the period the fol- equivalence.’’. (3) by inserting after clause (iii) the following: ‘‘, and such amounts as may be de- (2) AMOUNT.—Section 1853(c) of the Social lowing new clauses: posited in, or appropriated to, the Prescrip- Security Act (42 U.S.C. 1395w–23(c)) is ‘‘(iv) for making medical assistance avail- tion Drug Account established by section amended— able for medicare cost-sharing described in 1860K’’; (A) in paragraph (1), in the matter pre- section 1905(p)(3)(A)(iii) and for medicare (2) in subsection (g), by inserting after ‘‘by ceding subparagraph (A), by inserting ‘‘for cost-sharing described in section 1905(p)(3)(B) this part,’’ the following: ‘‘the payments pro- benefits under parts A and B’’ after ‘‘capita- (but only insofar as it relates to benefits provided for under part D (in which case the tion rate’’; and vided under part D of title XVIII) for individ- payments shall be made from the Prescrip- (B) by adding at the end the following new uals who would be qualified medicare bene- tion Drug Account in the Trust Fund),’’; paragraph: ficiaries described in section 1905(p)(1) but (3) in subsection (h), by inserting after ‘‘(8) CAPITATION RATE FOR PART D BENE- for the fact that their income exceeds 120 ‘‘1840(d)’’ the following: ‘‘and section 1860E(b) FITS.— percent but does not exceed 135 percent of (in which case the payments shall be made ‘‘(A) IN GENERAL.—In the case of a such official poverty line for a family of the from the Prescription Drug Account in the Medicare+Choice plan that provides coverage size involved; Trust Fund)’’; and of covered outpatient drugs to an individual ‘‘(v) for making medical assistance avail- (4) in subsection (i), by inserting after enrolled under part D, the capitation rate for able for medicare cost-sharing described in ‘‘section 1840(b)(1)’’ the following: ‘‘, section such coverage shall be the amount described section 1905(p)(3)(A)(iii) on a linear sliding 1860E(b) (in which case the payments shall be in subparagraph (B). Such payments shall be scale based on the income of such individuals made from the Prescription Drug Account in made in the same manner and at the same for individuals who would be qualified medi- the Trust Fund),’’. time as the payments to the care beneficiaries described in section (d) CONFORMING REFERENCES TO PREVIOUS Medicare+Choice organization offering the 1905(p)(1) but for the fact that their income PART D.— plan for benefits under parts A and B are exceeds 135 percent but does not exceed 150 (1) IN GENERAL.—Any reference in law (in otherwise made, but such payments shall be percent of such official poverty line for a effect before the date of enactment of this payable from the Prescription Drug Account family of the size involved; and’’. Act) to part D of title XVIII of the Social Se- in the Federal Supplementary Medical Insur- (c) NONAPPLICABILITY OF RESOURCE RE- curity Act is deemed a reference to part E of ance Trust Fund under section 1841. QUIREMENTS TO MEDICARE PART D COST-SHAR- such title (as in effect after such date). ‘‘(B) AMOUNT.—The amount described in ING.—Section 1905(p)(1) of the Social Secu- (2) SECRETARIAL SUBMISSION OF LEGISLATIVE this paragraph is an amount equal to 1⁄12 of rity Act (42 U.S.C. 1396d(p)(1)) is amended by PROPOSAL.—Not later than 6 months after the average annual per capita aggregate ex- adding at the end the following flush sen- the date of enactment of this Act, the Sec- penditures payable from the Prescription tence: retary of Health and Human Services shall Drug Account for the year (as estimated ‘‘In determining if an individual is a quali- submit to Congress a legislative proposal under section 1860J(c)(2)(C)).’’. providing for such technical and conforming fied medicare beneficiary under this para- (e) LIMITATION ON ENROLLEE LIABILITY.— amendments in the law as are required by graph, subparagraph (C) shall not be applied Section 1854(e) of the Social Security Act (42 the provisions of this Act. for purposes of providing the individual with U.S.C. 1395w–24(e)) is amended by adding at medicare cost-sharing described in section SEC. 3. PART D BENEFITS UNDER the end the following new paragraph: MEDICARE+CHOICE PLANS. 1905(p)(3)(A)(iii) or for medicare cost-sharing ‘‘(5) SPECIAL RULE FOR PART D BENEFITS.— (a) ELIGIBILITY, ELECTION, AND ENROLL- described in section 1905(p)(3)(B) (but only With respect to outpatient prescription drug MENT.—Section 1851 of the Social Security insofar as it relates to benefits provided Act (42 U.S.C. 1395w–21) is amended— benefits under part D, a Medicare+Choice or- under part D of title XVIII).’’. (1) in subsection (a)(1)(A), by striking ganization may not require that an enrollee (d) NONAPPLICABILITY OF PAYMENT DIF- ‘‘parts A and B’’ and inserting ‘‘parts A, B, pay any deductible or pay a cost-sharing FERENTIAL REQUIREMENTS TO MEDICARE PART and D’’; and amount that exceeds the amount of cost- D COST-SHARING.—Section 1902(n)(2) of the (2) in subsection (i)(1), by striking ‘‘parts A sharing applicable for such benefits for an el- Social Security Act (42 U.S.C. 1396a(n)(2)) is and B’’ and inserting ‘‘parts A, B, and D’’. igible beneficiary under part D.’’. amended by adding at the end the following (b) VOLUNTARY BENEFICIARY ENROLLMENT (f) REQUIREMENT FOR ADDITIONAL BENE- new sentence: ‘‘The preceding sentence shall FOR DRUG COVERAGE.—Section 1852(a)(1)(A) FITS.—Section 1854(f)(1) of the Social Secu- not apply to the cost-sharing described in of the Social Security Act (42 U.S.C. 1395w– rity Act (42 U.S.C. 1395w–24(f)(1)) is amended section 1860F(b).’’. 22(a)(1)(A)) is amended by inserting ‘‘(and by adding at the end the following new sen- (e) 100 PERCENT FEDERAL MEDICAL ASSIST- under part D to individuals also enrolled tence: ‘‘Such determination shall be made ANCE PERCENTAGE.—The first sentence of sec- under that part)’’ after ‘‘parts A and B’’. separately for the benefits under parts A and tion 1905(b) of the Social Security Act (42 (c) ACCESS TO SERVICES.—Section 1852(d)(1) B and for prescription drug benefits under U.S.C. 1396d(b)) is amended— of the Social Security Act (42 U.S.C. 1395w– part D.’’. (1) by striking ‘‘and’’ before ‘‘(4)’’; and 22(d)(1)) is amended— (g) EFFECTIVE DATE.—The amendments (2) by inserting before the period at the end (1) in subparagraph (D), by striking ‘‘and’’ made by this section shall apply to items the following: ‘‘, and (5) the Federal medical at the end; and services provided under a assistance percentage shall be 100 percent

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.023 pfrm04 PsN: S14PT1 S5596 CONGRESSIONAL RECORD — SENATE June 14, 2002

with respect to medical assistance provided ments made by the Medicare Outpatient Pre- ‘‘(6) PENALTIES.—Each penalty under this under clauses (iv) and (v) of section scription Drug Act of 2002; and section shall apply with respect to policies 1902(a)(10)(E)’’. ‘‘(vi) except as revised under the preceding revised under this subsection as if such poli- (f) TREATMENT OF TERRITORIES.—Section clauses or as provided under subsection cies were issued under the standards estab- 1108(g) of the Social Security Act (42 U.S.C. (p)(1)(E), the benefit packages are identical lished under subsection (p), including the 1308(g)) is amended by adding at the end the to the benefit packages that were available penalties under subsections (a), (d), (p)(8), following new paragraph: on the date of enactment of the Medicare (p)(9), (q)(5), (r)(6)(A), (s)(4), and (t)(2)(D).’’. ‘‘(3) Notwithstanding the preceding provi- Outpatient Prescription Drug Act of 2002. SEC. 6. HHS STUDIES AND REPORT ON UNIFORM sions of this subsection, with respect to fis- ‘‘(B) MANNER OF REVISION.—The benefit PHARMACY BENEFIT CARDS AND cal year 2004 and any fiscal year thereafter, packages revised under this section shall be SYSTEMS FOR TRANSFERRING PRE- the amount otherwise determined under this revised in the manner described in subpara- SCRIPTIONS ELECTRONICALLY. subsection (and subsection (f)) for the fiscal graph (E) of subsection (p)(1), except that for (a) STUDIES.—The Secretary of Health and year for a Commonwealth or territory shall purposes of subparagraph (C) of such sub- Human Services shall conduct a study to de- be increased by the ratio (as estimated by section, the standards established under this termine the feasibility and advisability of— the Secretary) of— subsection shall take effect not later than (1) establishing a uniform format for phar- ‘‘(A) the aggregate amount of payments January 1, 2004. macy benefit cards provided to beneficiaries made to the 50 States and the District of Co- ‘‘(2) CONSTRUCTION OF BENEFITS IN OTHER by eligible entities under the outpatient pre- lumbia for the fiscal year under title XIX MEDICARE SUPPLEMENTAL POLICIES.—Nothing scription drug benefit program under part D that are attributable to making medical as- in the benefit packages classified as ‘A’ of title XVIII of the Social Security Act (as sistance available for individuals described through ‘G’ under the standards established added by section 2); and in clauses (i), (iii), (iv), and (v) of section by subsection (p)(2) (including the benefit (2) developing systems to electronically 1902(a)(10)(E) for payment of medicare cost- package classified as ‘F’ with a high deduct- transfer prescriptions under such program sharing described in section 1905(p)(3)(A)(iii) ible feature, as described in subsection from the prescriber to the pharmacist. and for medicare cost-sharing described in (p)(11)) shall be construed as providing cov- (b) REPORT.—Not later than 2 years after section 1905(p)(3)(B) (but only insofar as it erage for benefits for which payment may be the date of enactment of this Act, the Sec- relates to benefits provided under part D of made under part D. retary of Health and Human Services shall title XVIII); to ‘‘(3) GUARANTEED ISSUANCE AND RENEWAL OF submit to Congress a report on the results of ‘‘(B) the aggregate amount of total pay- REVISED POLICIES.—The provisions of sub- the studies conducted under subsection (a) ments made to such States and District for sections (q) and (s), including provisions of together with any recommendations for leg- the fiscal year under such title.’’. subsection (s)(3) (relating to special enroll- islation that the Secretary determines to be (g) CONFORMING AMENDMENTS.—Section ment periods in cases of termination or appropriate as a result of such studies. 1933 of the Social Security Act (42 U.S.C. disenrollment), shall apply to medicare sup- SEC. 7. GAO STUDY AND BIENNIAL REPORTS ON 1396u–3) is amended— plemental policies revised under this sub- COMPETITION AND SAVINGS. (a) ONGOING STUDY.—The Comptroller Gen- (1) in subsection (a), by striking ‘‘section section in the same manner as such provi- eral of the United States shall conduct an 1902(a)(10)(E)(iv)’’ and inserting ‘‘section sions apply to medicare supplemental poli- ongoing study and analysis of the outpatient 1902(a)(10)(E)(vi)’’; cies issued under the standards established prescription drug benefit program under part (2) in subsection (c)(2)(A)— under subsection (p). D of title XVIII of the Social Security Act (A) in clause (i), by striking ‘‘section ‘‘(4) OPPORTUNITY OF CURRENT POLICY- (as added by section 2), including an analysis 1902(a)(10)(E)(iv)(I)’’ and inserting ‘‘section HOLDERS TO PURCHASE REVISED POLICIES.— of— 1902(a)(10)(E)(vi)(I)’’; and ‘‘(A) IN GENERAL.—No medicare supple- (1) the extent to which the competitive (B) in clause (ii), by striking ‘‘section mental policy of an issuer with a benefit bidding process under such program fosters 1902(a)(10)(E)(iv)(II)’’ and inserting ‘‘section package that is revised under paragraph (1) maximum competition and efficiency; and 1902(a)(10)(E)(vi)(II)’’; shall be deemed to meet the standards in (2) the savings to the medicare program re- (3) in subsection (d), by striking ‘‘section subsection (c) unless the issuer— sulting from such outpatient prescription 1902(a)(10)(E)(iv)’’ and inserting ‘‘section ‘‘(i) provides written notice during the 60- drug benefit program, including the reduc- 1902(a)(10)(E)(vi)’’; and day period immediately preceding the period tion in the number or length of hospital vis- (4) in subsection (e), by striking ‘‘section established for the open enrollment period its. 1902(a)(10)(E)(iv)’’ and inserting ‘‘section established under section 1860B(b)(2)(A), to (b) INITIAL REPORT ON COMPETITIVE BIDDING 1902(a)(10)(E)(vi)’’. each individual who is a policyholder or cer- PROCESS.—Not later than 9 months after the (h) EFFECTIVE DATE.—The amendments tificate holder of a medicare supplemental date of enactment of this Act, the Comp- made by this section shall apply for medical policy issued by that issuer (at the most re- troller General of the United States shall assistance provided under section cent available address of that individual) of submit to Congress a report on the results of 1902(a)(10)(E) of the Social Security Act (42 the offer described in clause (ii) and of the the portion of the study conducted pursuant U.S.C. 1396a(a)(10)(E)) on and after January fact that such individual will no longer be to subsection (a)(1). 1, 2004. covered under such policy as of January 1, (c) BIENNIAL REPORTS.—Not later than Jan- SEC. 5. MEDIGAP REVISIONS. 2004; and uary 1, 2005, and biennially thereafter, the Section 1882 of the Social Security Act (42 ‘‘(ii) offers the policyholder or certificate Comptroller General of the United States U.S.C. 1395ss) is amended by adding at the holder under the terms described in subpara- shall submit to Congress a report on the re- end the following new subsection: graph (B), during at least the period estab- sults of the study conducted under sub- ‘‘(v) MODERNIZED BENEFIT PACKAGES FOR lished under section 1860B(b)(2)(A), a medi- section (a) together with such recommenda- MEDICARE SUPPLEMENTAL POLICIES.— care supplemental policy with the benefit tions for legislation and administrative ac- ‘‘(1) REVISION OF BENEFIT PACKAGES.— package that the Secretary determines is tion as the Comptroller General determines ‘‘(A) IN GENERAL.—Notwithstanding sub- most comparable to the policy in which the appropriate. section (p), the benefit packages classified as individual is enrolled with coverage effective SEC. 8. EXPANSION OF MEMBERSHIP AND DUTIES ‘H’, ‘I’, and ‘J’ under the standards estab- as of the date on which the individual is first OF MEDICARE PAYMENT ADVISORY lished by subsection (p)(2) (including the entitled to benefits under part D. COMMISSION (MEDPAC). benefit package classified as ‘J’ with a high ‘‘(B) TERMS OF OFFER DESCRIBED.—The (a) EXPANSION OF MEMBERSHIP.— deductible feature, as described in subsection terms described in this subparagraph are (1) IN GENERAL.—Section 1805(c) of the So- (p)(11)) shall be revised so that— terms which do not— cial Security Act (42 U.S.C. 1395b–6(c)) is ‘‘(i) the coverage of outpatient prescription ‘‘(i) deny or condition the issuance or effec- amended— drugs available under such benefit packages tiveness of a medicare supplemental policy (A) in paragraph (1), by striking ‘‘17’’ and is replaced with coverage of outpatient pre- described in subparagraph (A)(ii) that is of- inserting ‘‘19’’; and scription drugs that complements but does fered and is available for issuance to new en- (B) in paragraph (2)(B), by inserting ‘‘ex- not duplicate the coverage of outpatient pre- rollees by such issuer; perts in the area of pharmacology and prescription drugs that is otherwise available ‘‘(ii) discriminate in the pricing of such scription drug benefit programs,’’ after under this title; policy because of health status, claims expe- ‘‘other health professionals,’’. ‘‘(ii) the revised benefit packages provide a rience, receipt of health care, or medical (2) INITIAL TERMS OF ADDITIONAL MEM- range of coverage options for outpatient pre- condition; or BERS.— scription drugs for beneficiaries, but do not ‘‘(iii) impose an exclusion of benefits based (A) IN GENERAL.—For purposes of stag- provide coverage for more than 90 percent of on a preexisting condition under such policy. gering the initial terms of members of the the cost-sharing amount applicable to an in- ‘‘(5) ELIMINATION OF OBSOLETE POLICIES Medicare Payment Advisory Commission dividual under section 1860F(b); WITH NO GRANDFATHERING.—No person may under section 1805(c)(3) of the Social Secu- ‘‘(iii) uniform language and definitions are sell, issue, or renew a medicare supplemental rity Act (42 U.S.C. 1395b–6(c)(3)), the initial used with respect to such revised benefits; policy with a benefit package that is classi- terms of the 2 additional members of the ‘‘(iv) uniform format is used in the policy fied as ‘H’, ‘I’, or ‘J’ (or with a benefit pack- Commission provided for by the amendment with respect to such revised benefits; age classified as ‘J’ with a high deductible under paragraph (1)(A) are as follows: ‘‘(v) such revised standards meet any addi- feature) that has not been revised under this (i) One member shall be appointed for 1 tional requirements imposed by the amend- subsection on or after January 1, 2004. year.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.023 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5597 (ii) One member shall be appointed for 2 did it with the Farm Bill. Welfare Re- It is time to pass a Medicare pre- years. form, the Elementary and Secondary scription drug benefit. It is time for (B) COMMENCEMENT OF TERMS.—Such terms Education program, Head Start, all of Congress to listen to the American peo- shall begin on January 1, 2003. them are re-evaluated at regular inter- ple instead of the powerful special in- (b) EXPANSION OF DUTIES.—Section vals. 1805(b)(2) of the Social Security Act (42 terests. U.S.C. 1395b–6(b)(2)) is amended by adding at I hope that all members of the Sen- the end the following new subparagraph: ate will come together and pass this By Mr. CLELAND: ‘‘(D) PRESCRIPTION MEDICINE BENEFIT PRO- bill in the next few weeks so that our S. 2627. A bill to protect marine spe- GRAM.—Specifically, the Commission shall elderly across this land of plenty, those cies off the coast of Georgia; to the review, with respect to the outpatient pre- folks who have played by the rules and Committee on Commerce, Science, and scription drug benefit program under part D, worked hard, can have some hope and Transportation. the impact of such program on— some dignity in the last few years they Mr. CLELAND. Madam President, I ‘‘(i) the pharmaceutical market, including are on this earth. rise today to introduce legislation to costs and pricing of pharmaceuticals, bene- Mr. KENNEDY. Madam President, help protect marine species in the ex- ficiary access to such pharmaceuticals, and Medicare is a solemn promise between clusive economic zone off the coast of trends in research and development; government and its citizens and be- ‘‘(ii) franchise, independent, and rural Georgia. Shark gillnetting causes by- pharmacies; and tween the generations. It says, ‘‘Con- catch of many marine species, includ- ‘‘(iii) beneficiary access to outpatient pre- tribute to the system during your ing valuable gamefish such as tarpon, scription drugs, including an assessment of working years and we will assure you red drum, king mackerel, and cobia out-of-pocket spending, generic and brand health security in your retirement and leatherback sea turtles, a pro- name drug utilization, and pharmacists’ years.’’ But that promise is broken tected species. Gillnets are already services.’’. every day, because Medicare does not prohibited in Georgia’s State waters, Mr. MILLER. Madam President, I am cover prescription drugs. The Graham- and my legislation would also prohibit proud to tell America’s seniors who Miller-Kennedy Medicare Prescription this gear from being used in the Fed- have been waiting in line for a long Drug Act of 2002 sends the message eral waters off the coast of Georgia. time that, finally, they have reached loud and clear: it is time to mend This legislation is supported by the the front of the line. Their time has Medicare’s broken promise. Georgia Department of Natural Re- come. This Senate is ready to take ac- There is no domestic issue that is sources, which has jurisdiction over tion on prescription drugs. more important to the American peo- the State’s coastal resources. Our action cannot come soon enough. ple than assuring that senior citizens My proposal does not prohibit shark can afford the prescription drugs they Most of our elderly in this country are fishing but rather affects the means of need. Senior citizens have an average not wealthy. Many live on fixed in- fishing. Shark fishers can use other income of $15,000, and they spend an av- comes. They are the ones who are hurt methods for fishing such as long-lines erage of $2,000 of that limited income first and hurt most by rising health or hook and line as alternatives. Addi- on prescription drugs. Too many of our care costs. tionally, this bill only affects the wa- elderly citizens must choose between Our elderly have been waiting a long ters off the coast of Georgia. The food on the table and the medicine time. Waiting for Congress to do some- neighboring States are still allowed to their doctors prescribe. Too many of thing. Waiting for Congress to help handle the bycatch, enforcement, and the elderly are taking half the drugs them with the skyrocketing costs of other issues as they believe is appro- their prescription drugs. their doctor prescribes, or none at all, because they simply can’t afford them. priate. Our bill provides an affordable pre- The waters affected by the legisla- scription drug benefit under Medicare Every day we delay, the problem becomes worse. Prescription drugs costs tion are home to many types of marine for all seniors for the first time. Cov- are escalating at double-digit rates. life that are vitally important to Geor- erage begins with the first prescription One-third of all senior citizens don’t gia’s traditional and expanding charter filled because there is no deductible. have a dime of prescription drug cov- fishery, as well as the state’s coastal For the roughly 12 million seniors in erage, and those who do have coverage communities and tourism industry. this country who earn less than $11,900 are in danger of losing it. The sad fact These businesses are negatively im- a year, there is no premium and no co- is that the only senior citizens who pacted by the shark gillnetting by- payment. For our neediest seniors, our have reliable, affordable, adequate cov- catch rates and its impacts on bill gives them their medicine for free. erage are the very poor on Medicaid. gamefish populations, including some For those who earn more, our plan That is not good enough, and we are already overfished stocks. In August has an affordable a $25 monthly pre- here today to say that America owes it 2000, I was contacted by some of these mium and a copayment of $10 for ge- to its senior citizens to do better. Georgia business people who are con- neric drugs and $40 for brand-name Every politician understands that cerned over what they see as a dra- drugs. Also, our bill has no gap in cov- senior citizens, and their children, and matic decrease in the fish population erage and an out-of-pocket maximum their grandchildren want action. Every and about the future viability of their of $4,000 a year. politician understands that opposition businesses. These citizens work to cre- We realize it is a huge, complex and to a prescription drug benefit is not a ate a delicate balance between the en- complicated undertaking. And that is sustainable position. The question is vironment and their livelihood by lim- why this bill provides that in 2011, we not whether Congress will pass a bill; iting their catches and releasing fish to will come back and re-evaluate this the question is whether we will pass a help insure the sustained health of program, just like we do with other bill that truly provides the protection local fish stocks and their habitats. complicated legislation. senior citizens need. The elderly do not Shark gillnetting has disrupted this We believe that is the wise and judi- need a prescription drug benefit that balance. My legislation is the first step cious thing to do. In fact, if the origi- cannot pass the truth in advertising to bringing this balance back in line. nal Medicare program had required test. They don’t need a benefit that As the Commerce Committee, of such a reauthorization, we probably pays pennies on the dollar for the which I am a member, begins the reau- would have had a prescription drug medicines the elderly need to survive. thorization of the Magnuson-Stevens benefit added to it long ago. They do not need a benefit that offers Fishery Conservation Management But since Medicare was permanently the pretence of relief but not the per- Act, I will work with Chairman HOL- authorized from the beginning, there formance. LINGS to address this issue. It is at once was no requirement for Congress to re- The bill we are offering today mends an environmental issue, a small busi- evaluate and therefore modernize the the broken promise of Medicare. It of- ness issue, a state sovereignty issue, program as circumstances changed fers real benefits at a price the elderly and it is the right thing to do. over the years. can afford. It is a lifeline for every sen- And, reauthorization is not anything ior citizen who needs prescription By Mr. KENNEDY (for himself, new or different. We re-evaluate many drugs. It is a priority for the American Mr. DEWINE, Mr. HARKIN, Mr. programs on a regular basis: We just people. MCCAIN, Mr. DURBIN, Mr.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.023 pfrm04 PsN: S14PT1 S5598 CONGRESSIONAL RECORD — SENATE June 14, 2002 GRAHAM, Mr. WELLSTONE, Ms. lustrated to come in the mail, or buy it where—image after image after image. COLLINS, Mrs. FEINSTEIN, and when it comes to the store? It is calculated, and it works. Conven- Mr. REED): The companies are savvy. They have ience stores are a place—right or S. 2626. A bill to protect the public really changed their marketing strate- wrong—where kids go. Seventy-five health by providing the Food and Drug gies. They have concentrated more percent of kids visit convenience Administration with certain authority money into different advertising mar- stores, as I said, at least once a week. to regulate tobacco products; to the kets. As a result, more than 3 years That is a target area. Committee on Health, Education, after the major tobacco companies This isn’t just about advertising and Labor, and Pensions. agreed to stop marketing to children as marketing schemes. It is also about to Mr. DEWINE. Madam President, part of this tobacco settlement, chil- be manufacturers’ failure to disclose today Senator KENNEDY, my colleague dren are still twice as likely as adults the specific ingredients in their prod- from Massachusetts, and I, Senator to be exposed to tobacco advertising. ucts. DURBIN, and others are introducing a Let me repeat that. Children are still I realize full well that tobacco users bill designed to help protect children twice as likely as adults to be exposed and nonusers alike recognize and un- from the dangers of tobacco. Quite sim- to tobacco advertising. derstand that tobacco products are ply, our bill would finally give the This chart shows and represents a hazardous to their health. Everybody Food and Drug Administration the au- poll which was done. The question knows that. That is not what I am thority it needs to effectively regulate asked was: Have you seen any adver- talking about. I am talking about re- both the manufacture and the sale of tising for cigarettes or tobacco in the quiring the tobacco companies to list tobacco products. last 2 weeks? Among teens, 64 percent the ingredients in their products. They My colleagues will all remember that said yes; adults, only 27 percent. do not have to do that today. Tobacco we visited this issue a few years ago, in In spite of the claim that tobacco is an unregulated product. I believe it 1998, when our colleague from Arizona, companies are not targeting children, makes common sense that tobacco Senator MCCAIN, and others introduced for whatever reason that is the market companies should be required to list the Universal Tobacco Settlement Act, that is hearing it; that is who is seeing when they put arsenic—and they do—or which included a major section that the message; that is who is hearing the put formaldehyde or ammonia in the provided the FDA with the authority message; that is whom the message is cigarettes. They should have to at to regulate tobacco products. Also, of affecting. least list it. It just makes common course, during 1998, 46 States entered According to the Federal Trade Com- sense. Yet the law today does not re- into an agreement known as the Mas- mission’s annual report on cigarette quire them to do that. ter Settlement Agreement, MSA. They sales and advertising, the year 2000 rep- While simply listing the ingredients, entered into that agreement with the resented the largest increase ever in toxic as they may be, might not seem major tobacco companies to settle all tobacco companies’ spending on ‘‘pro- like much, think about it this way. State lawsuits seeking to recover the motional allowances’’; that is, the Current law makes sure that we know Medicaid costs of treating smokers. money tobacco companies pay retailers what is in products designed to help Fast forward from 1998 until today. to promote their products in prominent people quit smoking—products such as Tobacco proponents would have you be- the patch or the Nicorette gum, which locations in stores, or for high visible lieve this master settlement resolved are regulated, but not the very product shelf space. We know that is one of the the issue of tobacco use by imposing all that gets people addicted in the first greatest marketing techniques—put it these restrictions. But the truth is, it place, the cigarettes. Doesn’t that somewhere I can see it when I walk in did not. Smoking among young people seem absurd? the store. It is right at eye level for remains a huge national problem. Think about it this way: Right now, Every day in this country, nearly kids near the cash register, in an aisle the Food and Drug Administration re- 5,000 young people under the age of 18 where the customer must walk by to quires Philip Morris to print the ingre- try their first cigarette. In my own pay the cashier. dients in its Kraft Macaroni and home State of Ohio, 33 percent—one- That same year—the year 2000—ciga- Cheese. They have to print all of the third—of children 18 and under smoke. rette manufacturers spent a record $9.5 ingredients. Pick up a box. Every sin- These kids in Ohio, by themselves, go billion on advertising and promotion. gle ingredient that is in there they through 45 million packs of cigarettes That is an increase of 16 percent from have to print but not the ingredients in each year. the year 1999. cigarettes, a product, by the way, that If that is not bad enough, look at it Tobacco companies also spend bil- contributes to the deaths of more than another way: 90 percent of smokers lions of dollars advertising through en- 440,000 people a year. start smoking before the age of 19. ticing promotional items—lighters, Right now the FDA requires Philip More than 6.4 million children across hats, and other products—they give Morris, which owns Nabisco, to print this country will die prematurely be- away for free at the ‘‘point of sale,’’ or, the ingredients contained in Oreo cook- cause of a decision they will make as in other words, at the cash register or ies and Ritz crackers but not the ingre- children, as adolescents—a decision to the place of checkout in the grocery dients in Camel or Winston cigarettes, start smoking cigarettes. store or the convenience store. even though cigarettes cause one-third In my home State of Ohio, as I indi- In fact, spending on such proof all cancer deaths and 90 percent of cated, one-third of the children smoke. motional or value-added items in- lung cancer deaths. It is unfathomable We know the statistics are that one- creased by 37 percent between 1999 and to me—and I think it is unfathomable third of people who smoke in this coun- the year 2000. to everybody—that we would require try will die prematurely because of an Let us not fool ourselves. These pro- the listing of ingredients on these prod- alcohol-related illness. One-third of the motional strategies and advertise- ucts. We even require the listing of the one-third, therefore, in the State of ments reach our children. Statistics ingredients on bottled water. Yet we do Ohio will die prematurely. show that 75 percent of our children not require the listing of ingredients While States have limited options visit a convenience store at least once for one of the leading causes of death available for tobacco advertising under a week. and disease in this country. this 1998 Master Settlement Agree- I ask my colleagues. The next time Right now, the FDA requires printed ment, the reality is that the tobacco you walk into a convenience store, ingredients for chewing gum, lipstick, companies still are able to choose the look at how many different times you bottled water, and ice cream, but not contents of their advertisements. They see an advertisement for tobacco prod- for cigarettes—a product that causes 20 are still able to get around this settle- ucts. They are everywhere. You walk percent of all heart disease deaths, 90 ment. They are still able to run ads in the store, and it may be on the percent of lung cancer, which is the like this: ‘‘Skol, A Pinch Better.’’ clock—a little promotional clock that leading cause of cancer deaths among Guess where that ad ran? In Sports Il- says when the store is open and when women, and the leading cause of pre- lustrated. the store is closed. They will be at eye ventable death in the United States. How many young people in this coun- level. They will be by the cashier when Another way to look at it is if a com- try every week wait for that Sports Il- you check out. They will be every- pany wants to market a food product

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.025 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5599 as ‘‘fat-free’’ or ‘‘reduced-fat’’ or all things that should be examined, lation, I believe, gained 58 votes on the ‘‘lite,’’ that company is required to they should be reviewed, and they floor of the Senate. So we had broad meet certain standards regarding the should be commented on by the Food support for the legislation. In many re- number of calories or the amount of fat and Drug Administration, so the public spects, I think there is even broader grams in that product. You can look knows what they are choosing to con- support for this particular legislation. right on that package and find it. Yet sume. So we are very hopeful we will be cigarette companies can call a ciga- Here we have a pack of Eclipse ciga- able to make progress in considering rette a ‘‘Camel Light’’ or a ‘‘Marlboro rettes, which claims it will—and I this legislation favorably in the Sen- Light’’ and not reveal a thing about quote—‘‘Change the way you smoke.’’ ate, and in the House, and have it be- the amount of tar or nicotine or ar- It also claims that it—and again I come law. We have every intention of senic in that supposedly ‘‘light’’ ciga- quote—‘‘may present less risk of can- holding hearings and, hopefully a rette. cer, bronchitis, and possibly emphy- markup in July. I believe we will have Not having access to all of the infor- sema.’’ This is what they say in the very broad support from our colleagues mation about this deadly product just bold print. I don’t know who ‘‘they’’ for the reasons Senator DEWINE has makes no sense. It is something we are, and I don’t know where they got outlined. need to change. With the bill we are in- their information, but the public This legislation is focused on chil- troducing, we can change it. should know. dren and what we can do to discourage It is time we finally give the FDA the Below the bold print in this same children from becoming addicted to to- authority it needs to fix these prob- pack is the following, smaller print: bacco in this country. I will just take lems. The legislation that Senator Evidence suggests that smokers who al- a very few moments to review the high- KENNEDY and Senator DURBIN and I are ready have cardiovascular disease and who lights. introducing will do just that. switch to Eclipse may further increase their Just very quickly, every day, 5,000 First, the bill would make changes health risk. children try their first cigarette. More regarding tobacco advertising. It would So in the bold print we have a state- than 2,000 become new daily smokers. give the FDA authority to restrict to- ment that is not cited and not sup- A third will die prematurely. bacco industry marketing—consistent ported, and then in the fine print we If the current trend continues, 6.4 with the first amendment—that tar- have a statement that is supported by million children, who are under 18 gets our children. numerous studies. Which claim are you years of age, will die prematurely from Additionally, our bill would require more likely to believe? And which smoking related illness. 400,000 people a advertisements to be in black and statement should be broadcast in bold year die from smoke related illness. We white text only, unless they are in lettering to the consumer? are telling the youth of America their adult publications, and would define By introducing this bill, we are fi- lives are going to be greatly shortened adult publications in terms of reader- nally saying we are not going to let to- as a result of this kind of addiction. ship. bacco manufacturers have free rein As I mentioned, 400,000 Americans die Next, our legislation would give con- over markets and consumers anymore. each year from smoke-caused disease, sumers more information about the in- Today, we are taking a step towards and tobacco costs $75 billion in annual gredients in tobacco products. Specifi- making sure the public gets adequate health care costs. These are costs that cally, the bill would provide the FDA information about whether to continue are spent by Medicare, Medicaid, vet- with the ability to publish the ingredi- to smoke or even to start smoking in erans hospitals, and expended pri- ents of tobacco products. the first place. We all know it is dan- vately. It would require a listing of all ingre- gerous. But the tobacco companies no Again, to give the focus of where the dients, substances, and compounds longer should be able to hide all the advertising is going, this chart shows added by the manufacturer to the to- facts. the number of teens between 12 and 17 bacco, to the paper, or to the filter. With this bill, we are not just saying, who were reached five or more times by It would require a description of the ‘‘Buyer beware’’—we all know there are tobacco advertising in the year 1999. content, delivery, and form of nicotine dangers—but what we are saying is, A March 2002 study asked teenagers in each tobacco product. ‘‘Tobacco companies, be honest.’’ We and adults, ‘‘have you seen any adver- It would require information on the are saying, ‘‘Tobacco companies, stop tising for cigarettes or spit tobacco in health, behavioral, or physiologic ef- marketing to our kids.’’ We are saying, the last 2 weeks?’’ For the teenagers, 64 fects of the tobacco products. ‘‘Tobacco companies, tell consumers percent had seen advertising; while for Further, it would require tobacco about what they are really buying.’’ adults, just 27 percent. companies to provide information on Madam President, it is time we hold What we are maintaining is that the the reduction of risk to health avail- these companies to the same standards industry is targeting children. These able through technology. we expect from other producers. It is are commercial surveys, and they sub- And finally, it would establish an ap- time to give kids a fighting chance stantiate our point. proval process for all new tobacco prod- when it comes to resisting cigarettes. The money that is being expended for ucts entering the market—new prod- It is time to finally just do the right these extraordinary advertising budg- ucts such as advance with its ‘‘trionic thing. ets is targeted to teenagers, to effec- filter’’, which claims to have—and I I thank the Chair and yield the floor. tively hook them and addict them. quote—‘‘all of the taste . . . less of the The PRESIDING OFFICER. The Sen- This chart shows the very substantial toxins’’ of other cigarettes. ator from Massachusetts is recognized. increase in promotional expenditures Obviously, we already know that Mr. KENNEDY. Madam President, I from 1997 to the year 2000. As the chart smoking is a health risk. We all know join my friend and colleague from showed, expenditures totaled $5.660 bil- that. But, what we don’t know about is Ohio, Senator DEWINE, in expressing lion in 1997 and increased to $9.5 billion the harm caused by or what adverse our appreciation to all of our cospon- in the year 2000. health effects are created by the other sors for this legislation that we have Over the last 5 years, it has virtually ingredients in tobacco products or by introduced. And I commend him for the doubled. Where is it being targeted? how the tobacco is burned. We do not excellent presentation and description The children. Are the children seeing know all the details about that. To- of the legislation that he has just given it? Yes. Are they becoming more ad- bacco companies should share that. to the Senate this morning. dicted? Yes. Is this really a national There are tobacco products on the mar- We indicate to our friends and col- problem? Yes. Can we do something ket that are not conventional ciga- leagues that this legislation is very about it? Yes. Will this legislation do rettes. They have carbon filters run- similar to the legislation that was in- something about it? Yes, because it in- ning down the center of them. They are cluded in the larger tobacco legislation corporates many of the recommenda- sophisticated products that burn to- the Senate considered several years tions made by former heads of the FDA bacco differently, that affect the body ago. It was not really subject to any as well as from the many experts we differently, and that may cause people amendments that I remember during have heard from at a range of hearings to smoke them differently. These are that period of time. That overall legis- we have held.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.064 pfrm04 PsN: S14PT1 S5600 CONGRESSIONAL RECORD — SENATE June 14, 2002 The bottom line: If smoking rates do tobacco-induced diseases. Smoking is regulations were never implemented. If not decline, over 6 million children who the number one preventable cause of we are serious about curbing youth are alive today under the age of 18 will death in the nation today. Cigarettes smoking as much as possible, as soon suffer premature death. kill well over four hundred thousand as possible; it makes no sense to re- This is a matter of enormous impor- Americans each year. That is more quire FDA to reinvent the wheel by tance. It is of importance to families, lives lost than from automobile acci- conducting a new multi-year rule- to parents, to children, and to our dents, alcohol abuse, illegal drugs, making process on the same issues. country. We have targeted, responsible AIDS, murder, suicide, and fires com- This legislation will give the youth ac- legislation to deal with this issue. We bined. Our response to a public health cess and advertising restrictions al- are serious about presenting it to the problem of this magnitude must con- ready developed by FDA the immediate Senate, which we will do. We are look- sist of more than half-way measures. force of law, as if they had been issued ing for broad support from the Amer- We must deal firmly with tobacco under the new statute. ican people. company marketing practices that tar- The legislation also provides for We are grateful for all of the public get children and mislead the public. stronger warnings on all cigarette and health agencies that support it: cancer, The Food and Drug Administration smokeless tobacco packages, and in all heart, lung, all of the various health- needs broad authority to regulate the print advertisements. These warnings related agencies that support this leg- sale, distribution, and advertising of will be more explicit in their descrip- islation. They are going to be strong cigarettes and smokeless tobacco. tion of the medical problems which can allies. The tobacco industry currently result from tobacco use. The FDA is Mr. Myers, who is with Tobacco Free spends over nine billion dollars a year given the authority to change the text Children, has done such an extraor- to promote its products. Much of that of these warning labels periodically, to dinary job and has made this a high money is spent in ways designed to keep their impact strong. priority. We are serious about it, and tempt children to start smoking, be- Nicotine in cigarettes is highly ad- we hope to be able to help the families fore they are mature enough to appre- dictive. Medical experts say that it is in this country by doing something ciate the enormity of the health risk. as addictive as heroin or cocaine. Yet about children being addicted to ciga- The industry knows that more than 90 for decades, tobacco companies have rettes. percent of smokers begin as children vehemently denied the addictiveness of This bill will give the Food and Drug and are addicted by the time they their products. No one can forget the Administration broad authority to reg- reach adulthood. parade of tobacco executives who testi- ulate tobacco products for the protec- Documents obtained from tobacco fied under oath before Congress as re- tion of the public health. We cannot in companies prove, in the companies’ cently as 1994 that smoking cigarettes good conscience allow the federal agen- own words, the magnitude of the indus- is not addictive. Overwhelming evi- cy most responsible for protecting the try’s efforts to trap children into de- dence in industry documents obtained public health to remain powerless to pendency on their deadly product. Re- through the discovery process proves deal with the enormous risks of to- cent studies by the Institute of Medi- that the companies not only knew of bacco, the most deadly of all consumer cine and the Centers for Disease Con- this addictiveness for decades, but ac- products. trol show the substantial role of indus- tually relied on it as the basis for their The provisions in this bill closely try advertising in decisions by young marketing strategy. As we now know, track those in the bipartisan com- people to use tobacco products. If we cigarette manufacturers chemically promise reached during Senate consid- are serious about reducing youth manipulated the nicotine in their prod- eration of comprehensive tobacco con- smoking, FDA must have the power to ucts to make it even more addictive. trol legislation in 1998. Fifty-eight Sen- prevent industry advertising designed The tobacco industry has a long, dis- ators supported it at that time. That to appeal to children wherever it will honorable history of providing mis- legislation was never enacted because be seen by children. This legislation leading information about the health of disputes over tobacco taxation and will give FDA the ability to stop to- consequences of smoking. These com- litigation, not over FDA authority. bacco advertising which glamorizes panies have repeatedly sought to char- This FDA provision is a fair and bal- smoking from appearing where it will acterize their products as far less haz- anced approach to FDA regulation. It be seen by significant numbers of chil- ardous than they are. They made creates a new section in FDA jurisdic- dren. minor innovations in product design tion for the regulation of tobacco prod- FDA authority must also extend to seem far more significant for the ucts, with standards that allow for con- the sale of tobacco products. Nearly health of the user than they actually sideration of the unique issues raised every state makes it illegal to sell were. It is essential that FDA have by tobacco use. It is sensitive to the cigarettes to children under 18, but sur- clear and unambiguous authority to concerns of tobacco farmers, small veys show that those laws are rarely prevent such misrepresentations in the businesses, and nicotine-dependent enforced and frequently violated. FDA future. The largest disinformation smokers. But, it clearly gives FDA the must have the power to limit the sale campaign in the history of the cor- authority it needs in order to prevent of cigarettes to face-to-face trans- porate world must end. youth smoking and to reduce addiction actions in which the age of the pur- Given the addictiveness of tobacco to this highly lethal product. chaser can be verified by identifica- products, it is essential that the FDA I believe that any attempt to weaken tion. This means an end to self-service regulate them for the protection of the the 1998 language would undermine the displays and vending machine sales. public health. Over forty million Amer- FDA’s ability to deal effectively with There must also be serious enforce- icans are currently addicted to ciga- the enormous health risks posed by ment efforts with real penalties for rettes. No responsible public health of- smoking. This concern is shared by a those caught selling tobacco products ficial believes that cigarettes should be number of independent public health to children. This is the only way to en- banned. A ban would leave forty mil- experts. The bipartisan compromise sure that children under 18 are not able lion people without a way to satisfy agreed to in 1998 is still the best oppor- to buy cigarettes. their drug dependency. FDA should be tunity for Senators to come together The FDA conducted the longest rule- able to take the necessary steps to help and grant FDA the regulatory author- making proceeding in its history, addicted smokers overcome their ad- ity it needs to substantially reduce the studying which regulations would most diction, and to make the product less number of children who start smoking effectively reduce the number of chil- toxic for smokers who are unable or and to help addicted smokers quit. dren who smoke. Seven hundred thou- unwilling to stop. To do so, FDA must Nothing less will do the job. sand public comments were received in have the authority to reduce or remove The stakes are vast. Five thousand the course of that rulemaking. At the hazardous ingredients from cigarettes, children have their first cigarette conclusion of its proceeding, the Agen- to the extent that it becomes scientif- every day, and two thousand of them cy promulgated rules on the manner in ically feasible. The inherent risk in become daily smokers. Nearly a thou- which cigarettes are advertised and smoking should not be unnecessarily sand of them will die prematurely from sold. Due to litigation, most of those compounded.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.067 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5601 Recent statements by several to- nents, as well as tar, carbon monoxide (b) TABLE OF CONTENTS.—The table of con- bacco companies make clear that they and other dangerous additives. tents of this Act is as follows: plan to develop what they characterize It is long past time to reduce the ad- Sec. 1. Short title. as ‘‘reduced risk’’ cigarettes. This leg- dictive nature of cigarettes and curtail Sec. 2. Findings. islation will require manufacturers to the marketing of these products to Sec. 3. Purpose. Sec. 4. Scope and effect. submit such ‘‘reduced risk’’ products to young people. I believe that empow- the FDA for analysis before they can ering the FDA to regulate tobacco will TITLE I—AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION be marketed. No health-related claims help do that. will be permitted until they have been The U.S. Surgeon General and the Sec. 101. Amendment of Federal Food, Drug, and Cosmetic Act. verified to the FDA’s satisfaction. Centers for Disease Control and Pre- ‘‘CHAPTER IX—TOBACCO PRODUCTS These safeguards are essential to prevention have unequivocally dem- vent deceptive industry marketing onstrated that, for example, anti- ‘‘Sec. 900. Definitions. smoking campaigns can reduce smok- ‘‘Sec. 901. FDA authority over tobacco campaigns, which could lull the public products into a false sense of health safety. ing, a major cause of cancer. ‘‘Sec. 902. Adulterated tobacco products. Smoking is the number one prevent- California is a good example: My ‘‘Sec. 903. Misbranded tobacco products. able cause of death in America. Con- state started an aggressive tobacco ‘‘Sec. 904. Submission of health informa- gress must vest FDA not only with the control program in 1989 and throughout tion to the Secretary. responsibility for regulating tobacco the 1990s, tobacco use dropped at two ‘‘Sec. 905. Annual registration. products, but with full authority to do to three times faster than the rest of ‘‘Sec. 906. General provisions respecting the country. control of tobacco products. the job effectively. ‘‘Sec. 907. Performance standards. This legislation will give the FDA Ninety percent of adult smokers ‘‘Sec. 908. Notification and other rem- the legal authority it needs: To reduce begin before age 18 and every day, 3,000 edies youth smoking by preventing tobacco young people become smokers. ‘‘Sec. 909. Records and reports on to- advertising which targets children; to This bill will provide meaningful reg- bacco products. prevent the sale of tobacco products to ulation by the Food and Drug Adminis- ‘‘Sec. 910. Premarket review of certain minors; to help smokers overcome tration of the content and marketing tobacco products. their addiction; to make tobacco prod- of tobacco products, especially the ad- ‘‘Sec. 911. Judicial review. ‘‘Sec. 912. Postmarket surveillance ucts less toxic for those who continue dicting and carcinogenic components. ‘‘Sec. 913. Reduced risk tobacco prod- to use them; and to prevent the to- Dr. C. Everett Koop, former US Sur- ucts. bacco industry from misleading the geon General, and Dr. David Kessler, ‘‘Sec. 914. Equal treatment of retail out- public about the dangers of smoking. former Commissioner of the Food and lets. We cannot allow the tobacco indus- Drug Administration, in 1997 report, ‘‘Sec. 915. Jurisdiction of and coordina- try to stop us from doing what we cited FDA and other studies and said: tion with the Federal Trade know is right for America’s children. I Nicotine in cigarettes and smokeless to- Commission. ‘‘Sec. 916. Congressional review provi- bacco has the same pharmacological effects intend to do all I can to see that Con- sions. as other drugs that FDA has traditionally gress enacts this legislation this year. ‘‘Sec. 917. Regulation requirement. regulated . . . nicotine is extremely addict- The public health demands it. ‘‘Sec. 918. Preservation of State and ive . . . and the vast majority of people who Mrs. FEINSTEIN. Mr. President, I local authority. use nicotine-containing cigarettes and ‘‘Sec. 919. Tobacco Products Scientific rise today with Senators KENNEDY and smokeless tobacco do so to satisfy their Advisory Committee. DEWINE in support of legislation to em- craving for the pharmacological effects of Sec. 102. Construction of current regula- power the Food and Drug Administra- nicotine; that is, to satisfy their drug-de- tions. tion, FDA, to regulate tobacco prod- pendence or addiction. Sec. 103. Conforming and other amendments ucts. They go to recommend that the to general provisions. During my time in the Senate, I have ‘‘FDA should continue to have author- become very involved with cancer. I TITLE II—TOBACCO PRODUCT WARNINGS ity to regulate all areas of nicotine, as AND SMOKE CONSTITUENT DISCLOSURE am the Co-Chair of the Senate Cancer well as other constituents and ingredi- Caucus and the Vice-Chair of the Na- Sec. 201. Cigarette label and advertising ents, and that authority should be warnings. tional Dialogue on Cancer, which is made completely explicit.’’ Sec. 202. Authority to revise cigarette warn- Chaired by former President and Bar- I am pleased that to note that even ing label Statements. bara Bush. the Philip Morris Companies has ac- Sec. 203. Smokeless tobacco labels and ad- The cancer community is united in knowledged the need for FDA to regu- vertising warnings. the belief that the single most impor- late tobacco. On their website, they Sec. 204. Authority to revise smokeless tobacco product warning label tant preventive measure is to place to- say: bacco products under the regulatory Statements. We believe federal legislation that includes control of the FDA. I stand behind the Sec. 205. Tar, nicotine, and other smoke con- granting FDA authority to regulate tobacco stituent disclosure to the pub- cancer community and express the products could effectively address many of lic. same belief. the complex tobacco issues that concern the Sec. 206. Unlawful advertisements. Smoking causes one-third of all can- public, the public health community and us. SEC. 2. FINDINGS. cers, and is the cause of approximately It is long past time to reduce the ad- The Congress finds the following: 165,000 deaths annually. dictive nature of cigarettes and curtail (1) The use of tobacco products by the Na- I firmly believe that cancer cannot the marketing of these products to tion’s children is a pediatric disease of epic be conquered without addressing smok- young people. This bill gives FDA the and worsening proportions that results in ing and the use of tobacco products. power to regulate tobacco products’ new generations of tobacco-dependent children and adults. Smoking results in death or dis- content, design, sale, and marketing. ability for over half of tobacco users, (2) A consensus exists within the scientific I ask unanimous consent that the and medical communities that tobacco prod- according to the Centers for Disease text of the bill be printed in the ucts are inherently dangerous and cause can- Control, CDC. Smoking costs the RECORD. cer, heart disease, and other serious adverse health care system over $70 billion an- There being no objection, the bill was health effects. nually. ordered to be printed in the RECORD, as (3) Nicotine is an addictive drug. Over the past two decades, we have follows: (4) Virtually all new users of tobacco products are under the minimum legal age to learned that tobacco companies have S. 2626 manipulated the level of nicotine in purchase such products. Be it enacted by the Senate and House of Rep- (5) Tobacco advertising and marketing cigarettes to increase the number of resentatives of the United States of America in people addicted to their product. contribute significantly to the use of nico- Congress assembled, tine-containing tobacco products by adoles- There are more than 40 chemicals in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cents. tobacco smoke that cause cancer in hu- (a) SHORT TITLE.—This Act may be cited as (6) Because past efforts to restrict adver- mans and animals, according to the the ‘‘Youth Smoking Prevention and Public tising and marketing of tobacco products CDC. Tobacco smoke has toxic compo- Health Protection Act’’. have failed adequately to curb tobacco use

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.069 pfrm04 PsN: S14PT1 S5602 CONGRESSIONAL RECORD — SENATE June 14, 2002 by adolescents, comprehensive restrictions use for young people and encourages them to facturers and sellers ample opportunity to on the sale, promotion, and distribution of use tobacco products. convey information about their products to such products are needed. (22) Tobacco advertising expands the size of adult consumers. (7) Federal and State governments have the tobacco market by increasing consump- SEC. 3. PURPOSE. lacked the legal and regulatory authority tion of tobacco products including tobacco The purposes of this Act are— and resources they need to address com- use by young people. (1) to provide authority to the Food and prehensively the public health and societal (23) Children are more influenced by to- Drug Administration to regulate tobacco problems caused by the use of tobacco prod- bacco advertising than adults, they smoke products under the Federal Food, Drug, and ucts. the most advertised brands, and children as Cosmetic Act (21 U.S.C. 301 et seq.), by recog- (8) Federal and State public health offi- young as 3 to 6 years old can recognize a nizing it as the primary Federal regulatory cials, the public health community, and the character associated with smoking at the authority with respect to the manufacture, public at large recognize that the tobacco in- same rate as they recognize cartoons and marketing, and distribution of tobacco prod- dustry should be subject to ongoing over- fast food characters. ucts; sight. (24) Tobacco company documents indicate (2) to ensure that the Food and Drug Ad- (9) Under Article I, Section 8 of the Con- that young people are an important and ministration has the authority to address stitution, the Congress is vested with the re- often crucial segment of the tobacco market. issues of particular concern to public health sponsibility for regulating interstate com- (25) Comprehensive advertising restrictions officials, especially the use of tobacco by merce and commerce with Indian tribes. will have a positive effect on the smoking young people and dependence on tobacco; rates of young people. (10) The sale, distribution, marketing, ad- (3) to authorize the Food and Drug Admin- (26) Restrictions on advertising are nec- vertising, and use of tobacco products are ac- istration to set national standards control- essary to prevent unrestricted tobacco ad- tivities in and substantially affecting inter- ling the manufacture of tobacco products vertising from undermining legislation pro- state commerce because they are sold, mar- and the identity, public disclosure, and hibiting access to young people and pro- keted, advertised, and distributed in inter- amount of ingredients used in such products; viding for education about tobacco use. state commerce on a nationwide basis, and (4) to provide new and flexible enforcement (27) International experience shows that have a substantial effect on the Nation’s authority to ensure that there is effective advertising regulations that are stringent oversight of the tobacco industry’s efforts to economy. and comprehensive have a greater impact on (11) The sale, distribution, marketing, ad- develop and introduce less harmful tobacco overall tobacco use and young people’s use products; vertising, and use of such products substan- than weaker or less comprehensive ones. tially affect interstate commerce through (5) to vest the Food and Drug Administra- (28) Text-only requirements, while not as tion with the authority to regulate the lev- the health care and other costs attributable stringent as a ban, will help reduce underage els of tar, nicotine, and other harmful com- to the use of tobacco products. use of tobacco products while preserving the ponents of tobacco products; (12) It is in the public interest for Congress informational function of advertising. (6) in order to ensure that adults are better to enact legislation that provides the Food (29) It is in the public interest for Congress informed, to require tobacco product manu- and Drug Administration with the authority to adopt legislation to address the public facturers to disclose research which has not to regulate tobacco products. The benefits to health crisis created by actions of the to- previously been made available, as well as the American people from enacting such leg- bacco industry. research generated in the future, relating to islation would be significant in human and (30) The final regulations promulgated by the health and dependency effects or safety economic terms. the Secretary of Health and Human Services of tobacco products; (13) Tobacco use is the foremost prevent- in the August 28, 1996, issue of the Federal able cause of premature death in America. It Register (62 Fed. Reg. 44615-44618) for inclu- (7) to continue to permit the sale of to- causes over 400,000 deaths in the United sion as part 897 of title 21, Code of Federal bacco products to adults in conjunction with States each year. Regulations, are consistent with the stand- measures to ensure that they are not sold or (14) Reducing the use of tobacco by minors ards set forth in the amendments made by accessible to underage purchasers; and by 50 percent would prevent well over this Act for the regulation of tobacco prod- (8) to impose appropriate regulatory con- 10,000,000 of today’s children from becoming ucts by the Food and Drug Administration trols on the tobacco industry regular, daily smokers, saving over 3,000,000 and the restriction on the sale and distribu- SEC. 4. SCOPE AND EFFECT. of them from premature death due to to- tion, including access to and the advertising (a) INTENDED EFFECT.—Nothing in this Act bacco induced disease. Such a reduction in and promotion of, tobacco products con- (or an amendment made by this Act) shall be youth smoking would also result in approxi- tained in such regulations are substantially construed to— mately $110,000,000,000 in savings attrib- related to accomplishing the public health (1) establish a precedent with regard to any utable to reduced health care costs. goals of this Act. other industry, situation, circumstance, or (15) Advertising, marketing, and promotion (31) The regulations described in paragraph legal action; or of tobacco products have been especially di- (30) will directly and materially advance the (2) affect any action pending in State, rected to attract young persons to use to- Federal Government’s substantial interest in Tribal, or Federal court, or any agreement, bacco products and these efforts have re- reducing the number of children and adoles- consent decree, or contract of any kind. sulted in increased use of such products by cents who use cigarettes and smokeless to- (b) AGRICULTURAL ACTIVITIES.—The provi- youth. Past efforts to oversee these activi- bacco and in preventing the life-threatening sions of this Act (or an amendment made by ties have not been successful in adequately health consequences associated with tobacco this Act) which authorize the Secretary to preventing such increased use. use. An overwhelming majority of Americans take certain actions with regard to tobacco (16) In 1999, the tobacco industry spent who use tobacco products begin using such and tobacco products shall not be construed close to $8,240,000,000 to attract new users, products while they are minors and become to affect any authority of the Secretary of retain current users, increase current con- addicted to the nicotine in those product be- Agriculture under existing law regarding the sumption, and generate favorable long-term fore reaching the age of 18. Tobacco adver- growing, cultivation, or curing of raw to- attitudes toward smoking and tobacco use. tising and promotion plays a crucial role in bacco. (17) Tobacco product advertising often the decision of these minors to begin using TITLE I—AUTHORITY OF THE FOOD AND misleadingly portrays the use of tobacco as tobacco products. Less restrictive and less DRUG ADMINISTRATION socially acceptable and healthful to minors. comprehensive approaches have not and will SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, (18) Tobacco product advertising is regu- not be effective in reducing the problems ad- AND COSMETIC ACT. larly seen by persons under the age of 18, and dressed by such regulations. The reasonable (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- persons under the age of 18 are regularly ex- restrictions on the advertising and pro- tion 201 of the Federal Food, Drug, and Cos- posed to tobacco product promotional ef- motion of tobacco products contained in metic Act (21 U.S.C. 321) is amended by add- forts. such regulations will lead to a significant de- ing at the end the following: (19) Through advertisements during and crease in the number of minors using and be- ‘‘(kk) The term ‘tobacco product’ means sponsorship of sporting events, tobacco has coming addicted to those products. any product made or derived from tobacco become strongly associated with sports and (32) The regulations described in paragraph that is intended for human consumption, in- has become portrayed as an integral part of (30) impose no more extensive restrictions on cluding any component, part, or accessory of sports and the healthy lifestyle associated communication by tobacco manufacturers a tobacco product (except for raw materials with rigorous sporting activity. and sellers than are necessary to reduce the other than tobacco used in manufacturing a (20) Children are exposed to substantial number of children and adolescents who use component, part, or accessory of a tobacco and unavoidable tobacco advertising that cigarettes and smokeless tobacco and to pre- product).’’. leads to favorable beliefs about tobacco use, vent the life-threatening health con- (b) FDA AUTHORITY OVER TOBACCO PROD- plays a role in leading young people to over- sequences associated with tobacco use. Such UCTS.—The Federal Food, Drug, and Cos- estimate the prevalence of tobacco use, and regulations are narrowly tailored to restrict metic Act (21 U.S.C. 301 et seq.) is amended— increases the number of young people who those advertising and promotional practices (1) by redesignating chapter IX as chapter begin to use tobacco. which are most likely to be seen or heard by X; (21) The use of tobacco products in motion youth and most likely to entice them into (2) by redesignating sections 901 through pictures and other mass media glamorizes its tobacco use, while affording tobacco manu- 907 as sections 1001 through 1007; and

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(3) by inserting after section 803 the fol- ‘‘(14) TOBACCO PRODUCT MANUFACTURER.— ‘‘(2) it has been prepared, packed, or held lowing: Term ‘tobacco product manufacturer’ means under insanitary conditions whereby it may any person, including any repacker or re- have been contaminated with filth, or where- ‘‘CHAPTER IX—TOBACCO PRODUCTS labeler, who— by it may have been rendered injurious to ‘‘SEC. 900. DEFINITIONS. ‘‘(A) manufactures, fabricates, assembles, health; ‘‘In this chapter: processes, or labels a finished cigarette or ‘‘(3) its container is composed, in whole or ‘‘(1) BRAND.—The term ‘brand’ means a va- smokeless tobacco product; or in part, of any poisonous or deleterious sub- riety of tobacco product distinguished by the ‘‘(B) imports a finished cigarette or smoke- stance which may render the contents inju- tobacco used, tar content, nicotine content, less tobacco product for sale or distribution rious to health; flavoring used, size, filtration, or packaging, in the United States. ‘‘(4) it is, or purports to be or is rep- logo, registered trademark or brand name, ‘‘(15) UNITED STATES.—The term ‘United resented as, a tobacco product which is sub- identifiable pattern of colors, or any com- States’ means the 50 States of the United ject to a performance standard established bination of such attributes. States of America and the District of Colum- under section 907 unless such tobacco prod- bia, the Commonwealth of Puerto Rico, uct is in all respects in conformity with such ‘‘(2) CIGARETTE.—The term ‘cigarette’ has the meaning given that term by section 3(1) Guam, the Virgin Islands, American Samoa, standard; of the Federal Cigarette Labeling and Adver- Wake Island, Midway Islands, Kingman Reef, ‘‘(5) it is required by section 910(a) to have Johnston Atoll, the Northern Mariana Is- premarket approval, is not exempt under tising Act (15 U.S.C. 1332(1)), but also in- lands, and any other trust territory or pos- section 906(f), and does not have an approved cludes tobacco, in any form, that is func- session of the United States. application in effect; tional in the product, which, because of its ‘‘(6) the methods used in, or the facilities appearance, the type of tobacco used in the ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO PRODUCTS. or controls used for, its manufacture, pack- filler, or its packaging and labeling, is likely ‘‘(a) IN GENERAL.—Tobacco products shall ing or storage are not in conformity with ap- to be offered to, or purchased by, consumers be regulated by the Secretary under this plicable requirements under section 906(e)(1) as a cigarette or as roll-your-own tobacco. chapter and shall not be subject to the provi- or an applicable condition prescribed by an ‘‘(3) CIGARETTE TOBACCO.—The term ‘ciga- sions of chapter V, unless— order under section 906(e)(2); or rette tobacco’ means any product that con- ‘‘(1) such products are intended for use in ‘‘(7) it is a tobacco product for which an ex- sists of loose tobacco that is intended for use the diagnosis, cure, mitigation, treatment, emption has been granted under section by consumers in a cigarette. Unless other- or prevention of disease (within the meaning 906(f) for investigational use and the person wise stated, the requirements for cigarettes of section 201(g)(1)(B) or section 201(h)(2)); or who was granted such exemption or any in- shall also apply to cigarette tobacco. ‘‘(2) a health claim is made for such prod- vestigator who uses such tobacco product ‘‘(4) COMMERCE.—The term ‘commerce’ has ucts under section 201(g)(1)(C) or 201(h)(3). under such exemption fails to comply with a the meaning given that term by section 3(2) ‘‘(b) APPLICABILITY.—This chapter shall requirement prescribed by or under such sec- of the Federal Cigarette Labeling and Adver- apply to all tobacco products subject to the tion. tising Act (15 U.S.C. 1332(2)). regulations referred to in section 102 of the ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. ‘‘(5) DISTRIBUTOR.—The term ‘distributor’ Youth Smoking Prevention and Public ‘‘(a) IN GENERAL.—A tobacco product shall as regards a tobacco product means any per- Health Protection Act, and to any other to- be deemed to be misbranded— son who furthers the distribution of ciga- bacco products that the Secretary by regula- ‘‘(1) if its labeling is false or misleading in rette or smokeless tobacco, whether domes- tion deems to be subject to this chapter. any particular; tic or imported, at any point from the origi- ‘‘(c) SCOPE.— ‘‘(2) if in package form unless it bears a nal place of manufacture to the person who ‘‘(1) IN GENERAL.—Nothing in this chapter, label containing— sells or distributes the product to individuals or any policy issued or regulation promul- ‘‘(A) the name and place of business of the for personal consumption. Common carriers gated thereunder, or the Youth Smoking tobacco product manufacturer, packer, or are not considered distributors for purposes Prevention and Public Health Protection distributor; of this chapter. Act, shall be construed to affect the Sec- ‘‘(B) an accurate statement of the quantity ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ retary’s authority over, or the regulation of, of the contents in terms of weight, measure, has the meaning given such term in section products under this Act that are not tobacco or numerical count; and 4(e) of the Indian Self Determination and products under chapter V or any other chap- ‘‘(C) an accurate statement of the percent- Education Assistance Act (25 U.S.C. 450b(e)). ter. age of the tobacco used in the product that ‘‘(7) LITTLE CIGAR.—The term ‘little cigar’ ‘‘(2) TOBACCO LEAF.— is domestically grown tobacco and the per- has the meaning given that term by section ‘‘(A) IN GENERAL.—The provisions of this centage that is foreign grown tobacco, 3(7) of the Federal Cigarette Labeling and chapter shall not apply to tobacco leaf that except that under subparagraph (B) reason- is not in the possession of the manufacturer, Advertising Act (15 U.S.C. 1332(7)). able variations shall be permitted, and ex- or to the producers of tobacco leaf, including ‘‘(8) NICOTINE.—The term ‘nicotine’ means emptions as to small packages shall be es- the chemical substance named 3-(1-Methyl-2- tobacco growers, tobacco warehouses, and tablished, by regulations prescribed by the pyrrolidinyl) pyridine or C[10]H[14]N[2], in- tobacco grower cooperatives, nor shall any Secretary; cluding any salt or complex of nicotine. employee of the Food and Drug Administra- ‘‘(3) if any word, statement, or other infor- ‘‘(9) PACKAGE.—The term ‘package’ means tion have any authority to enter onto a farm mation required by or under authority of a pack, box, carton, or container of any kind owned by a producer of tobacco leaf without this chapter to appear on the label or label- or, if no other container, any wrapping (in- the written consent of such producer. ing is not prominently placed thereon with cluding cellophane), in which cigarettes or ‘‘(B) EXCEPTION.—Notwithstanding any such conspicuousness (as compared with smokeless tobacco are offered for sale, sold, other provision of this subparagraph, if a other words, statements or designs in the la- or otherwise distributed to consumers. producer of tobacco leaf is also a tobacco beling) and in such terms as to render it ‘‘(10) RETAILER.—The term ‘retailer’ means product manufacturer or controlled by a to- likely to be read and understood by the ordi- any person who sells cigarettes or smokeless bacco product manufacturer, the producer nary individual under customary conditions tobacco to individuals for personal consump- shall be subject to this chapter in the proof purchase and use; tion, or who operates a facility where self- ducer’s capacity as a manufacturer. ‘‘(4) if it has an established name, unless service displays of tobacco products are per- ‘‘(C) RULE OF CONSTRUCTION.—Nothing in its label bears, to the exclusion of any other mitted. this chapter shall be construed to grant the nonproprietary name, its established name ‘‘(11) ROLL-YOUR-OWN TOBACCO.—The term Secretary authority to promulgate regula- prominently printed in type as required by ‘roll-your-own tobacco’ means any tobacco tions on any matter that involves the pro- the Secretary by regulation; which, because of its appearance, type, pack- duction of tobacco leaf or a producer thereof, ‘‘(5) if the Secretary has issued regulations aging, or labeling, is suitable for use and other than activities by a manufacturer af- requiring that its labeling bear adequate di- likely to be offered to, or purchased by, con- fecting production. For purposes of the pre- rections for use, or adequate warnings sumers as tobacco for making cigarettes. ceding sentence, the term ‘controlled by’ against use by children, that are necessary ‘‘(12) SMOKELESS TOBACCO.—The term means a member of the same controlled for the protection of users unless its labeling ‘smokeless tobacco’ means any product that group of corporations as that term is used in conforms in all respects to such regulations; consists of cut, ground, powdered, or leaf to- section 52(a) of the Internal Revenue Code of ‘‘(6) if it was manufactured, prepared, prop- bacco and that is intended to be placed in 1986, or under common control within the agated, compounded, or processed in any the oral or nasal cavity. meaning of the regulations promulgated State in an establishment not duly reg- ‘‘(13) STATE.—The term ‘State’ means any under section 52(b) of such Code. istered under section 905(b), if it was not in- State of the United States and, for purposes ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. cluded in a list required by section 905(i), if of this chapter, includes the District of Co- ‘‘A tobacco product shall be deemed to be a notice or other information respecting it lumbia, the Commonwealth of Puerto Rico, adulterated if— was not provided as required by such section Guam, the Virgin Islands, American Samoa, ‘‘(1) it consists in whole or in part of any or section 905(j), or if it does not bear such Wake Island, Midway Islands, Kingman Reef, filthy, putrid, or decomposed substance, or is symbols from the uniform system for identi- Johnston Atoll, the Northern Mariana Is- otherwise contaminated by any poisonous or fication of tobacco products prescribed under lands, and any other trust territory or pos- deleterious substance that may render the section 905(e) as the Secretary by regulation session of the United States. product injurious to health; requires;

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.028 pfrm04 PsN: S14PT1 S5604 CONGRESSIONAL RECORD — SENATE June 14, 2002 ‘‘(7) if, in the case of any tobacco product nents, and tobacco additives, described in register with the Secretary any additional distributed or offered for sale in any State— paragraph (1). establishment which that person owns or op- ‘‘(A) its advertising is false or misleading ‘‘(4) All documents (including underlying erates in any State and in which that person in any particular; or scientific information) relating to research begins the manufacture, preparation, ‘‘(B) it is sold or distributed in violation of activities, and research findings, conducted, compounding, or processing of a tobacco regulations prescribed under section 906(d); supported, or possessed by the manufacturer product or tobacco products. ‘‘(8) unless, in the case of any tobacco (or agents thereof) that relate to the issue of ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- product distributed or offered for sale in any whether a reduction in risk to health from TEM.—The Secretary may by regulation pre- State, the manufacturer, packer, or dis- tobacco products can occur upon the employ- scribe a uniform system for the identifica- tributor thereof includes in all advertisement of technology available or known to tion of tobacco products and may require ments and other descriptive printed matter the manufacturer. that persons who are required to list such to- issued or caused to be issued by the manufac- ‘‘(5) All documents (including underlying bacco products under subsection (i) shall list turer, packer, or distributor with respect to scientific information) relating to marketing such tobacco products in accordance with that tobacco product— research involving the use of tobacco prod- such system. ‘‘(A) a true statement of the tobacco products. ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- uct’s established name as defined in para- MATION.—The Secretary shall make available An importer of a tobacco product not manu- for inspection, to any person so requesting, graph (4), printed prominently; and factured in the United States shall supply ‘‘(B) a brief statement of— any registration filed under this section. the information required of a tobacco prod- ‘‘(g) BIENNIAL INSPECTION OF REGISTERED ‘‘(i) the uses of the tobacco product and uct manufacturer under this subsection. ESTABLISHMENTS.—Every establishment in relevant warnings, precautions, side effects, ‘‘(b) ANNUAL SUBMISSION.—A tobacco prod- any State registered with the Secretary and contraindications; and uct manufacturer or importer that is re- under this section shall be subject to inspec- ‘‘(ii) in the case of specific tobacco prod- quired to submit information under sub- tion under section 704, and every such estab- ucts made subject to a finding by the Sec- section (a) shall update such information on lishment engaged in the manufacture, retary after notice and opportunity for com- an annual basis under a schedule determined compounding, or processing of a tobacco ment that such action is necessary to pro- by the Secretary. product or tobacco products shall be so in- tect the public health, a full description of ‘‘(c) TIME FOR SUBMISSION.— spected by one or more officers or employees the components of such tobacco product or ‘‘(1) NEW PRODUCTS.—At least 90 days prior duly designated by the Secretary at least the formula showing quantitatively each in- to the delivery for introduction into inter- once in the 2-year period beginning with the gredient of such tobacco product to the ex- state commerce of a tobacco product not on date of registration of such establishment tent required in regulations which shall be the market on the date of enactment of the under this section and at least once in every issued by the Secretary after an opportunity Youth Smoking Prevention and Public successive 2-year period thereafter. for a hearing; Health Protection Act, the manufacturer of ‘‘(h) FOREIGN ESTABLISHMENTS MAY REG- ‘‘(9) if it is a tobacco product subject to a such product shall provide the information ISTER.—Any establishment within any for- performance standard established under sec- required under subsection (a) and such prod- eign country engaged in the manufacture, tion 907, unless it bears such labeling as may uct shall be subject to the annual submission preparation, compounding, or processing of a be prescribed in such performance standard; under subsection (b). tobacco product or tobacco products, may or ‘‘(2) MODIFICATION OF EXISTING PRODUCTS.— register under this section under regulations ‘‘(10) if there was a failure or refusal— If at any time a tobacco product manufac- promulgated by the Secretary. Such regula- ‘‘(A) to comply with any requirement pre- turer adds to its tobacco products a new to- tions shall require such establishment to scribed under section 904 or 908; bacco additive, increases or decreases the provide the information required by sub- ‘‘(B) to furnish any material or informa- quantity of an existing tobacco additive or section (i) of this section and shall include tion required by or under section 909; or the nicotine content, delivery, or form, or provisions for registration of any such estab- ‘‘(C) to comply with a requirement under eliminates a tobacco additive from any to- lishment upon condition that adequate and section 912. bacco product, the manufacturer shall with- effective means are available, by arrange- ‘‘(b) PRIOR APPROVAL OF LABEL STATE- in 60 days of such action so advise the Sec- ment with the government of such foreign MENTS.—The Secretary may, by regulation, retary in writing and reference such modi- country or otherwise, to enable the Sec- require prior approval of statements made on fication in submissions made under sub- retary to determine from time to time the label of a tobacco product. No regulation section (b). whether tobacco products manufactured, issued under this subsection may require ‘‘SEC. 905. ANNUAL REGISTRATION. prior approval by the Secretary of the con- prepared, compounded, or processed in such tent of any advertisement. No advertisement ‘‘(a) DEFINITIONS.—In this section: establishment, if imported or offered for im- of a tobacco product, published after the ‘‘(1) MANUFACTURE, PREPARATION, port into the United States, shall be refused date of enactment of the Youth Smoking COMPOUNDING, OR PROCESSING.—The term admission on any of the grounds set forth in Prevention and Public Health Protection Act ‘manufacture, preparation, compounding, or section 801(a). shall, with respect to the language of label processing’ shall include repackaging or oth- ‘‘(i) REGISTRATION INFORMATION.— statements as prescribed under section 4 of erwise changing the container, wrapper, or ‘‘(1) PRODUCT LIST.—Every person who reg- the Cigarette Labeling and Advertising Act labeling of any tobacco product package in isters with the Secretary under subsection and section 3 of the Comprehensive Smoke- furtherance of the distribution of the to- (b), (c), or (d) shall, at the time of registra- less Tobacco Health Education Act of 1986 or bacco product from the original place of tion under any such subsection, file with the the regulations issued under such sections, manufacture to the person who makes final Secretary a list of all tobacco products be subject to the provisions of sections 12 delivery or sale to the ultimate consumer or which are being manufactured, prepared, through 15 of the Federal Trade Commission user. compounded, or processed by that person for Act (15 U.S.C. 52 through 55). ‘‘(2) NAME.—The term ‘name’ shall include commercial distribution and which has not ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- in the case of a partnership the name of each been included in any list of tobacco products TION TO THE SECRETARY. partner and, in the case of a corporation, the filed by that person with the Secretary ‘‘(a) REQUIREMENT.—Not later than 6 name of each corporate officer and director, under this paragraph or paragraph (2) before months after the date of enactment of the and the State of incorporation. such time of registration. Such list shall be Youth Smoking Prevention and Public ‘‘(b) REGISTRATION BY OWNERS AND OPERA- prepared in such form and manner as the Health Protection Act, each tobacco product TORS.—On or before December 31 of each year Secretary may prescribe and shall be accom- manufacturer or importer of tobacco prod- every person who owns or operates any es- panied by— ucts, or agents thereof, shall submit to the tablishment in any State engaged in the ‘‘(A) in the case of a tobacco product con- Secretary the following information: manufacture, preparation, compounding, or tained in the applicable list with respect to ‘‘(1) A listing of all tobacco ingredients, processing of a tobacco product or tobacco which a performance standard has been es- substances and compounds that are, on such products shall register with the Secretary tablished under section 907 or which is sub- date, added by the manufacturer to the to- the name, places of business, and all such es- ject to section 910, a reference to the author- bacco, paper, filter, or other component of tablishments of that person. ity for the marketing of such tobacco prod- each tobacco product by brand and by quan- ‘‘(c) REGISTRATION OF NEW OWNERS AND OP- uct and a copy of all labeling for such to- tity in each brand and subbrand. ERATORS.—Every person upon first engaging bacco product; ‘‘(2) A description of the content, delivery, in the manufacture, preparation, ‘‘(B) in the case of any other tobacco prod- and form of nicotine in each tobacco product compounding, or processing of a tobacco uct contained in an applicable list, a copy of measured in milligrams of nicotine. product or tobacco products in any establish- all consumer information and other labeling ‘‘(3) All documents (including underlying ment owned or operated in any State by that for such tobacco product, a representative scientific information) relating to research person shall immediately register with the sampling of advertisements for such tobacco activities, and research findings, conducted, Secretary that person’s name, place of busi- product, and, upon request made by the Sec- supported, or possessed by the manufacturer ness, and such establishment. retary for good cause, a copy of all advertise- (or agents thereof) on the health, behavioral, ‘‘(d) REGISTRATION OF ADDED ESTABLISH- ments for a particular tobacco product; and or physiologic effects of tobacco products, MENTS.—Every person required to register ‘‘(C) if the registrant filing a list has deter- their constituents, ingredients, and compo- under subsection (b) or (c) shall immediately mined that a tobacco product contained in

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.028 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5605 such list is not subject to a performance ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING regulation under subsection (a) as the Sec- standard established under section 907, a CONTROL OF TOBACCO PRODUCTS. retary may in such regulation prescribe. brief statement of the basis upon which the ‘‘(a) IN GENERAL.—Any requirement estab- ‘‘(3) LIMITATION.—No restriction under registrant made such determination if the lished by or under section 902, 903, 905, or 909 paragraph (1) may prohibit the sale of any Secretary requests such a statement with re- applicable to a tobacco product shall apply tobacco product in face-to face transactions spect to that particular tobacco product. to such tobacco product until the applica- by a specific category of retail outlets. ‘‘(2) BIANNUAL REPORT OF ANY CHANGE IN bility of the requirement to the tobacco product has been changed by action taken ‘‘(e) GOOD MANUFACTURING PRACTICE RE- PRODUCT LIST.—Each person who registers QUIREMENTS.— with the Secretary under this section shall under section 907, section 910, or subsection (d) of this section, and any requirement es- ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO report to the Secretary once during the CONFORM.— month of June of each year and once during tablished by or under section 902, 903, 905, or 909 which is inconsistent with a requirement ‘‘(A) IN GENERAL.—The Secretary may, in the month of December of each year the fol- imposed on such tobacco product under sec- accordance with subparagraph (B), prescribe lowing: tion 907, section 910, or subsection (d) of this regulations requiring that the methods used ‘‘(A) A list of each tobacco product intro- section shall not apply to such tobacco prod- in, and the facilities and controls used for, duced by the registrant for commercial dis- uct. the manufacture, pre-production design vali- tribution which has not been included in any ‘‘(b) INFORMATION ON PUBLIC ACCESS AND dation (including a process to assess the per- list previously filed by that person with the COMMENT.—Each notice of proposed rule- formance of a tobacco product), packing and Secretary under this subparagraph or para- making under section 907, 908, 909, or 910, or storage of a tobacco product, conform to cur- graph (1). A list under this subparagraph under this section, any other notice which is rent good manufacturing practice, as pre- shall list a tobacco product by its estab- published in the Federal Register with re- scribed in such regulations, to assure that lished name and shall be accompanied by the spect to any other action taken under any the public health is protected and that the other information required by paragraph (1). such section and which states the reasons for tobacco product is in compliance with this ‘‘(B) If since the date the registrant last such action, and each publication of findings chapter. made a report under this paragraph that per- required to be made in connection with rule- ‘‘(B) REQUIREMENTS.—The Secretary son has discontinued the manufacture, prep- making under any such section shall set shall— aration, compounding, or processing for com- forth— ‘‘(i) before promulgating any regulation mercial distribution of a tobacco product in- ‘‘(1) the manner in which interested per- under subparagraph (A), afford an advisory cluded in a list filed under subparagraph (A) sons may examine data and other informa- committee an opportunity to submit rec- or paragraph (1), notice of such discontinu- tion on which the notice or findings is based; ommendations with respect to the regulation ance, the date of such discontinuance, and and proposed to be promulgated; the identity of its established name. ‘‘(2) the period within which interested per- ‘‘(ii) before promulgating any regulation ‘‘(C) If since the date the registrant re- sons may present their comments on the no- under subparagraph (A), afford opportunity ported under subparagraph (B) a notice of tice or findings (including the need there- for an oral hearing; discontinuance that person has resumed the fore) orally or in writing, which period shall ‘‘(iii) provide the advisory committee a manufacture, preparation, compounding, or be at least 60 days but may not exceed 90 reasonable time to make its recommenda- processing for commercial distribution of days unless the time is extended by the Sec- tion with respect to proposed regulations the tobacco product with respect to which retary by a notice published in the Federal under subparagraph (A); and such notice of discontinuance was reported, Register stating good cause therefore. ‘‘(iv) in establishing the effective date of a notice of such resumption, the date of such ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- regulation promulgated under this sub- resumption, the identity of such tobacco TION.—Any information reported to or other- section, take into account the differences in product by established name, and other in- wise obtained by the Secretary or the Sec- the manner in which the different types of formation required by paragraph (1), unless retary’s representative under section 904, 907, tobacco products have historically been pro- the registrant has previously reported such 908, 909, or 910 or 704, or under subsection (e) duced, the financial resources of the dif- resumption to the Secretary under this sub- or (f) of this section, which is exempt from ferent tobacco product manufacturers, and paragraph. disclosure under subsection (a) of section 552 the state of their existing manufacturing fa- ‘‘(D) Any material change in any informa- of title 5, United States Code, by reason of cilities, and shall provide for a reasonable tion previously submitted under this para- subsection (b)(4) of that section shall be con- period of time for such manufacturers to graph or paragraph (1). sidered confidential and shall not be dis- conform to good manufacturing practices. ‘‘(j) REPORT PRECEDING INTRODUCTION OF closed, except that the information may be ‘‘(2) EXEMPTIONS; VARIANCES.— CERTAIN SUBSTANTIALLY-EQUIVALENT PROD- disclosed to other officers or employees con- ‘‘(A) PETITION.—Any person subject to any UCTS INTO INTERSTATE COMMERCE.— cerned with carrying out this chapter, or requirement prescribed under paragraph (1) ‘‘(1) IN GENERAL.—Each person who is re- when relevant in any proceeding under this may petition the Secretary for a permanent quired to register under this section and who chapter. or temporary exemption or variance from proposes to begin the introduction or deliv- ‘‘(d) RESTRICTIONS.— such requirement. Such a petition shall be ery for introduction into interstate com- ‘‘(1) IN GENERAL.—The Secretary may by submitted to the Secretary in such form and merce for commercial distribution of a to- regulation require restrictions on the sale manner as the Secretary shall prescribe and bacco product intended for human use that and distribution of a tobacco product, in- shall— was not commercially marketed (other than cluding restrictions on the access to, and the ‘‘(i) in the case of a petition for an exemp- for test marketing) in the United States as advertising and promotion of, the tobacco tion from a requirement, set forth the basis of June 1, 2002, as defined by the Secretary product, if the Secretary determines that for the petitioner’s determination that com- by regulation shall, at least 90 days before such regulation would be appropriate for the pliance with the requirement is not required making such introduction or delivery, report protection of the public health. The Sec- to assure that the tobacco product will be in to the Secretary (in such form and manner retary may by regulation impose restrictions compliance with this chapter; as the Secretary shall by regulation pre- on the advertising and promotion of tobacco ‘‘(ii) in the case of a petition for a variance scribe)— products consistent with and to full extent from a requirement, set forth the methods ‘‘(A) the basis for such person’s determina- permitted by the first amendment to the proposed to be used in, and the facilities and tion that the tobacco product is substan- Constitution. The finding as to whether such controls proposed to be used for, the manu- tially equivalent, within the meaning of sec- regulation would be appropriate for the pro- facture, packing, and storage of the tobacco tion 910, to a tobacco product commercially tection of the public health shall be deter- product in lieu of the methods, facilities, and marketed (other than for test marketing) in mined with respect to the risks and benefits controls prescribed by the requirement; and the United States as of June 1, 2002, that is to the population as a whole, including users ‘‘(iii) contain such other information as in compliance with the requirements of this and non-users of the tobacco product, and the Secretary shall prescribe. Act; and taking into account— ‘‘(B) REFERRAL TO ADVISORY COMMITTEE.— ‘‘(B) action taken by such person to com- ‘‘(A) the increased or decreased likelihood The Secretary may refer to an advisory comply with the requirements under section 907 that existing users of tobacco products will mittee any petition submitted under sub- that are applicable to the tobacco product. stop using such products; and paragraph (A). The advisory committee shall ‘‘(2) APPLICATION TO CERTAIN POST-JUNE 1, ‘‘(B) the increased or decreased likelihood report its recommendations to the Secretary 2002 PRODUCTS.—A report under this sub- that those who do not use tobacco products with respect to a petition referred to it with- section for a tobacco product that was first will start using such products. in 60 days after the date of the petition’s re- introduced or delivered for introduction into No such regulation may require that the sale ferral. Within 60 days after— interstate commerce for commercial dis- or distribution of a tobacco product be lim- ‘‘(i) the date the petition was submitted to tribution in the United States after June 1, ited to the written or oral authorization of a the Secretary under subparagraph (A); or 2002, and before the date of enactment of the practitioner licensed by law to prescribe ‘‘(ii) the day after the petition was referred Youth Smoking Prevention and Public medical products. to an advisory committee, Health Protection Act shall be submitted to ‘‘(2) LABEL STATEMENTS.—The label of a to- whichever occurs later, the Secretary shall the Secretary within 6 months after the date bacco product shall bear such appropriate by order either deny the petition or approve of enactment of that Act. statements of the restrictions required by a it.

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‘‘(C) APPROVAL.—The Secretary may ‘‘(i) provisions respecting the construction, standard on the health of adolescent tobacco approve— components, ingredients, and properties of users, adult tobacco users, or non-tobacco ‘‘(i) a petition for an exemption for a to- the tobacco product; users, such as the creation of a significant bacco product from a requirement if the Sec- ‘‘(ii) provisions for the testing (on a sample demand for contraband or other tobacco retary determines that compliance with such basis or, if necessary, on an individual basis) products that do not meet the requirements requirement is not required to assure that of the tobacco product; of this chapter and the significance of such the tobacco product will be in compliance ‘‘(iii) provisions for the measurement of demand, and shall issue the standard if the with this chapter; and the performance characteristics of the to- Secretary determines that the standard ‘‘(ii) a petition for a variance for a tobacco bacco product; would be appropriate for the protection of product from a requirement if the Secretary ‘‘(iv) provisions requiring that the results the public health. determines that the methods to be used in, of each or of certain of the tests of the to- ‘‘(E) COMMENT.—The Secretary shall pro- and the facilities and controls to be used for, bacco product required to be made under vide for a comment period of not less than 60 the manufacture, packing, and storage of the clause (ii) show that the tobacco product is days. tobacco product in lieu of the methods, con- in conformity with the portions of the stand- ‘‘(2) PROMULGATION.— trols, and facilities prescribed by the re- ard for which the test or tests were required; ‘‘(A) IN GENERAL.—After the expiration of quirement are sufficient to assure that the and the period for comment on a notice of pro- tobacco product will be in compliance with ‘‘(v) a provision requiring that the sale and posed rulemaking published under paragraph this chapter. distribution of the tobacco product be re- (1) respecting a performance standard and ‘‘(D) CONDITIONS.—An order of the Sec- stricted but only to the extent that the sale after consideration of such comments and retary approving a petition for a variance and distribution of a tobacco product may be any report from an advisory committee, the shall prescribe such conditions respecting restricted under a regulation under section Secretary shall— the methods used in, and the facilities and 906(d); and ‘‘(i) promulgate a regulation establishing a controls used for, the manufacture, packing, ‘‘(C) shall, where appropriate, require the performance standard and publish in the and storage of the tobacco product to be use and prescribe the form and content of la- Federal Register findings on the matters re- granted the variance under the petition as beling for the proper use of the tobacco prod- ferred to in paragraph (1); or may be necessary to assure that the tobacco uct. ‘‘(ii) publish a notice terminating the pro- product will be in compliance with this chap- ‘‘(3) PERIODIC RE-EVALUATION OF PERFORM- ceeding for the development of the standard ter. ANCE STANDARDS.—The Secretary shall pro- together with the reasons for such termi- ‘‘(E) HEARING.—After the issuance of an vide for periodic evaluation of performance nation. order under subparagraph (B) respecting a standards established under this section to ‘‘(B) EFFECTIVE DATE.—A regulation estab- petition, the petitioner shall have an oppor- determine whether such standards should be lishing a performance standard shall set tunity for an informal hearing on such order. changed to reflect new medical, scientific, or forth the date or dates upon which the stand- other technological data. The Secretary may ‘‘(3) COMPLIANCE.—Compliance with re- ard shall take effect, but no such regulation quirements under this subsection shall not provide for testing under paragraph (2) by may take effect before one year after the be required before the period ending 3 years any person. date of its publication unless the Secretary NVOLVEMENT OF OTHER AGENCIES; IN- after the date of enactment of the Youth ‘‘(4) I determines that an earlier effective date is FORMED PERSONS.—In carrying out duties Smoking Prevention and Public Health Pro- necessary for the protection of the public under this section, the Secretary shall, to tection Act. health. Such date or dates shall be estab- the maximum extent practicable— lished so as to minimize, consistent with the ‘‘(f) EXEMPTION FOR INVESTIGATIONAL ‘‘(A) use personnel, facilities, and other public health, economic loss to, and disrup- USE.—The Secretary may exempt tobacco technical support available in other Federal products intended for investigational use tion or dislocation of, domestic and inter- agencies; national trade. from this chapter under such conditions as ‘‘(B) consult with other Federal agencies ‘‘(3) SPECIAL RULE FOR STANDARD BANNING the Secretary may prescribe by regulation. concerned with standard-setting and other CLASS OF PRODUCT OR ELIMINATING NICOTINE ‘‘(g) RESEARCH AND DEVELOPMENT.—The nationally or internationally recognized CONTENT.—Because of the importance of a de- Secretary may enter into contracts for re- standard-setting entities; and cision of the Secretary to issue a regulation ‘‘(C) invite appropriate participation, search, testing, and demonstrations respect- establishing a performance standard— through joint or other conferences, working tobacco products and may obtain tobacco ‘‘(A) eliminating all cigarettes, all smoke- shops, or other means, by informed persons products for research, testing, and dem- less tobacco products, or any similar class of representative of scientific, professional, in- onstration purposes without regard to sec- tobacco products, or dustry, or consumer organizations who in tion 3324(a) and (b) of title 31, United States ‘‘(B) requiring the reduction of nicotine the Secretary’s judgment can make a signifi- Code, and section 5 of title 41, United States yields of a tobacco product to zero, Code. cant contribution. ‘‘(b) ESTABLISHMENT OF STANDARDS.— it is appropriate for the Congress to have the ‘‘SEC. 907. PERFORMANCE STANDARDS. ‘‘(1) NOTICE.— opportunity to review such a decision. ‘‘(a) IN GENERAL.— ‘‘(A) IN GENERAL.—The Secretary shall pub- Therefore, any such standard may not take ‘‘(1) FINDING REQUIRED.—The Secretary lish in the Federal Register a notice of pro- effect before a date that is 2 years after the may adopt performance standards for a to- posed rulemaking for the establishment, President notifies the Congress that a final bacco product if the Secretary finds that a amendment, or revocation of any perform- regulation imposing the restriction has been performance standard is appropriate for the ance standard for a tobacco product. issued. protection of the public health. This finding ‘‘(B) REQUIREMENTS OF NOTICE.—A notice of ‘‘(4) AMENDMENT; REVOCATION.— shall be determined with respect to the risks proposed rulemaking for the establishment ‘‘(A) AUTHORITY.—The Secretary, upon the and benefits to the population as a whole, in- or amendment of a performance standard for Secretary’s own initiative or upon petition cluding users and non-users of the tobacco a tobacco product shall— of an interested person may by a regulation, product, and taking into account— ‘‘(i) set forth a finding with supporting jus- promulgated in accordance with the require- ‘‘(A) the increased or decreased likelihood tification that the performance standard is ments of paragraphs (1) and (2)(B), amend or that existing users of tobacco products will appropriate for the protection of the public revoke a performance standard. stop using such products; and health; ‘‘(B) EFFECTIVE DATE.—The Secretary may ‘‘(B) the increased or decreased likelihood ‘‘(ii) set forth proposed findings with re- declare a proposed amendment of a perform- that those who do not use tobacco products spect to the risk of illness or injury that the ance standard to be effective on and after its will start using such products. performance standard is intended to reduce publication in the Federal Register and until ‘‘(2) CONTENT OF PERFORMANCE STAND- or eliminate; and the effective date of any final action taken ARDS.—A performance standard established ‘‘(iii) invite interested persons to submit on such amendment if the Secretary deter- under this section for a tobacco product— an existing performance standard for the to- mines that making it so effective is in the ‘‘(A) shall include provisions to provide bacco product, including a draft or proposed public interest. performance that is appropriate for the pro- performance standard, for consideration by ‘‘(5) REFERENCE TO ADVISORY COMMITTEE.— tection of the public health, including provi- the Secretary. The Secretary— sions, where appropriate— ‘‘(C) FINDING.—A notice of proposed rule- ‘‘(A) may, on the Secretary’s own initia- ‘‘(i) for the reduction or elimination of nic- making for the revocation of a performance tive, refer a proposed regulation for the es- otine yields of the product; standard shall set forth a finding with sup- tablishment, amendment, or revocation of a ‘‘(ii) for the reduction or elimination of porting justification that the performance performance standard; or other constituents or harmful components of standard is no longer necessary to be appro- ‘‘(B) shall, upon the request of an inter- the product; or priate for the protection of the public health. ested person which demonstrates good cause ‘‘(iii) relating to any other requirement ‘‘(D) CONSIDERATION BY SECRETARY.—The for referral and which is made before the ex- under (B); Secretary shall consider all information sub- piration of the period for submission of com- ‘‘(B) shall, where necessary to be appro- mitted in connection with a proposed stand- ments on such proposed regulation, priate for the protection of the public health, ard, including information concerning the refer such proposed regulation to an advisory include— countervailing effects of the performance committee, for a report and recommendation

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.029 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5607 with respect to any matter involved in the which the order was issued, the Secretary concerning any individual who has been a pa- proposed regulation which requires the exer- shall, except as provided in subparagraph tient, irrespective of whether or when he cise of scientific judgment. If a proposed reg- (B), amend the order to require a recall. The ceases to be a patient. ulation is referred under this paragraph to Secretary shall specify a timetable in which ‘‘(b) REPORTS OF REMOVALS AND CORREC- the advisory committee, the Secretary shall the tobacco product recall will occur and TIONS.— provide the advisory committee with the shall require periodic reports to the Sec- ‘‘(1) IN GENERAL.—Except as provided in data and information on which such pro- retary describing the progress of the recall. paragraph (2), the Secretary shall by regula- posed regulation is based. The advisory com- ‘‘(B) NOTICE.—An amended order under sub- tion require a tobacco product manufacturer mittee shall, within 60 days after the referral paragraph (A)— or importer of a tobacco product to report of a proposed regulation and after inde- ‘‘(i) shall not include recall of a tobacco promptly to the Secretary any corrective ac- pendent study of the data and information product from individuals; and tion taken or removal from the market of a furnished to it by the Secretary and other ‘‘(ii) shall provide for notice to persons tobacco product undertaken by such manu- data and information before it, submit to the subject to the risks associated with the use facturer or importer if the removal or cor- Secretary a report and recommendation re- of such tobacco product. rection was undertaken— specting such regulation, together with all In providing the notice required by clause ‘‘(A) to reduce a risk to health posed by the underlying data and information and a state- (ii), the Secretary may use the assistance of tobacco product; or ment of the reason or basis for the rec- retailers and other persons who distributed ‘‘(B) to remedy a violation of this chapter ommendation. A copy of such report and rec- such tobacco product. If a significant num- caused by the tobacco product which may ommendation shall be made public by the ber of such persons cannot be identified, the present a risk to health. Secretary. Secretary shall notify such persons under A tobacco product manufacturer or importer ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. section 705(b). of a tobacco product who undertakes a cor- ‘‘(a) NOTIFICATION.—If the Secretary deter- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy rective action or removal from the market of mines that— provided by this subsection shall be in addi- a tobacco product which is not required to be ‘‘(1) a tobacco product which is introduced tion to remedies provided by subsection (a) reported under this subsection shall keep a or delivered for introduction into interstate of this section. record of such correction or removal. commerce for commercial distribution pre- ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO ‘‘(2) EXCEPTION.—No report of the correc- sents an unreasonable risk of substantial PRODUCTS. tive action or removal of a tobacco product harm to the public health; and ‘‘(a) IN GENERAL.—Every person who is a may be required under paragraph (1) if a re- ‘‘(2) notification under this subsection is tobacco product manufacturer or importer of port of the corrective action or removal is necessary to eliminate the unreasonable risk a tobacco product shall establish and main- required and has been submitted under sub- of such harm and no more practicable means tain such records, make such reports, and section (a). is available under the provisions of this provide such information, as the Secretary ‘‘SEC. 910. PREMARKET REVIEW OF CERTAIN TO- chapter (other than this section) to elimi- may by regulation reasonably require to as- BACCO PRODUCTS. nate such risk, sure that such tobacco product is not adul- ‘‘(a) IN GENERAL.— the Secretary may issue such order as may terated or misbranded and to otherwise pro- ‘‘(1) PREMARKET APPROVAL REQUIRED.— be necessary to assure that adequate notifi- tect public health. Regulations prescribed ‘‘(A) NEW PRODUCTS.—Approval under this cation is provided in an appropriate form, by under the preceding sentence— section of an application for premarket ap- the persons and means best suited under the ‘‘(1) may require a tobacco product manu- proval for any tobacco product that is not circumstances involved, to all persons who facturer or importer to report to the Sec- commercially marketed (other than for test should properly receive such notification in retary whenever the manufacturer or im- marketing) in the United States as of June 1, order to eliminate such risk. The Secretary porter receives or otherwise becomes aware 2002, is required unless the manufacturer has may order notification by any appropriate of information that reasonably suggests that submitted a report under section 905(j), and means, including public service announce- one of its marketed tobacco products may the Secretary has issued an order that the ments. Before issuing an order under this have caused or contributed to a serious unex- tobacco product is substantially equivalent subsection, the Secretary shall consult with pected adverse experience associated with to a tobacco product commercially marketed the persons who are to give notice under the the use of the product or any significant in- (other than for test marketing) in the United order. crease in the frequency of a serious, expected States as of June 1, 2002, that is in compli- ‘‘(b) NO EXEMPTION FROM OTHER LIABIL- adverse product experience; ance with the requirements of this Act. ITY.—Compliance with an order issued under ‘‘(2) shall require reporting of other signifi- ‘‘(B) PRODUCTS INTRODUCED BETWEEN JUNE this section shall not relieve any person cant adverse tobacco product experiences as 1, 2002, AND ENACTMENT OF THIS CHAPTER.— from liability under Federal or State law. In determined by the Secretary to be necessary Subparagraph (A) does not apply to a to- awarding damages for economic loss in an to be reported; bacco product that— action brought for the enforcement of any ‘‘(3) shall not impose requirements unduly ‘‘(i) was first introduced or delivered for in- such liability, the value to the plaintiff in burdensome to a tobacco product manufac- troduction into interstate commerce for such action of any remedy provided under turer or importer, taking into account the commercial distribution in the United such order shall be taken into account. cost of complying with such requirements States after June 1, 2002, and before the date ‘‘(c) RECALL AUTHORITY.— and the need for the protection of the public of enactment of the Youth Smoking Preven- ‘‘(1) IN GENERAL.—If the Secretary finds health and the implementation of this chap- tion and Public Health Protection Act; and that there is a reasonable probability that a ter; ‘‘(ii) for which a report was submitted tobacco product contains a manufacturing or ‘‘(4) when prescribing the procedure for under section 905(j) within 6 months after other defect not ordinarily contained in to- making requests for reports or information, such date, bacco products on the market that would shall require that each request made under until the Secretary issues an order that the cause serious, adverse health consequences such regulations for submission of a report tobacco product is substantially equivalent or death, the Secretary shall issue an order or information to the Secretary state the for purposes of this section or requires pre- requiring the appropriate person (including reason or purpose for such request and iden- market approval. the manufacturers, importers, distributors, tify to the fullest extent practicable such re- ‘‘(2) SUBSTANTIALLY EQUIVALENT DEFINED.— or retailers of the tobacco product) to imme- port or information; ‘‘(A) IN GENERAL.—For purposes of this sec- diately cease distribution of such tobacco ‘‘(5) when requiring submission of a report tion and section 905(j), the terms ‘substan- product. The order shall provide the person or information to the Secretary, shall state tially equivalent’ or ‘substantial equiva- subject to the order with an opportunity for the reason or purpose for the submission of lence’ mean, with respect to the tobacco an informal hearing, to be held not later such report or information and identify to product being compared to the predicate to- than 10 days after the date of the issuance of the fullest extent practicable such report or bacco product, that the Secretary by order the order, on the actions required by the information; and has found that the tobacco product— order and on whether the order should be ‘‘(6) may not require that the identity of ‘‘(i) has the same characteristics as the amended to require a recall of such tobacco any patient or user be disclosed in records, predicate tobacco product; or product. If, after providing an opportunity reports, or information required under this ‘‘(ii) has different characteristics and the for such a hearing, the Secretary determines subsection unless required for the medical information submitted contains information, that inadequate grounds exist to support the welfare of an individual, to determine risks including clinical data if deemed necessary actions required by the order, the Secretary to public health of a tobacco product, or to by the Secretary, that demonstrates that it shall vacate the order. verify a record, report, or information sub- is not appropriate to regulate the product ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- mitted under this chapter. under this section because the product does CALL.— In prescribing regulations under this sub- not raise different questions of public health. ‘‘(A) IN GENERAL.—If, after providing an op- section, the Secretary shall have due regard ‘‘(B) CHARACTERISTICS.—For purposes of portunity for an informal hearing under for the professional ethics of the medical subparagraph (A), the term ‘characteristics’ paragraph (1), the Secretary determines that profession and the interests of patients. The means the materials, ingredients, design, the order should be amended to include a re- prohibitions of paragraph (6) continue to composition, heating source, or other fea- call of the tobacco product with respect to apply to records, reports, and information tures of a tobacco product.

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‘‘(C) LIMITATION.—A tobacco product may ‘‘(ii) deny approval of the application if the scientific matters from an advisory com- not be found to be substantially equivalent Secretary finds (and sets forth the basis for mittee, and after due notice and opportunity to a predicate tobacco product that has been such finding as part of or accompanying such for informal hearing to the holder of an ap- removed from the market at the initiative of denial) that one or more grounds for denial proved application for a tobacco product, the Secretary or that has been determined specified in paragraph (2) of this subsection issue an order withdrawing approval of the by a judicial order to be misbranded or adul- apply. application if the Secretary finds— terated. ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- ‘‘(A) that the continued marketing of such ‘‘(3) HEALTH INFORMATION.— TION.—An order approving an application for tobacco product no longer is appropriate for ‘‘(A) SUMMARY.—As part of a submission a tobacco product may require as a condition the protection of the public health; under section 905(j) respecting a tobacco to such approval that the sale and distribu- ‘‘(B) that the application contained or was product, the person required to file a pre- tion of the tobacco product be restricted but accompanied by an untrue statement of a market notification under such section shall only to the extent that the sale and distribu- material fact; tion of a tobacco product may be restricted provide an adequate summary of any health ‘‘(C) that the applicant— under a regulation under section 906(d). information related to the tobacco product ‘‘(i) has failed to establish a system for ‘‘(2) DENIAL OF APPROVAL.—The Secretary or state that such information will be made maintaining records, or has repeatedly or de- shall deny approval of an application for a available upon request by any person. liberately failed to maintain records or to ‘‘(B) REQUIRED INFORMATION.—Any sum- tobacco product if, upon the basis of the information submitted to the Secretary as make reports, required by an applicable reg- mary under subparagraph (A) respecting a ulation under section 909; tobacco product shall contain detailed infor- part of the application and any other infor- ‘‘(ii) has refused to permit access to, or mation regarding data concerning adverse mation before the Secretary with respect to copying or verification of, such records as re- health effects and shall be made available to such tobacco product, the Secretary finds quired by section 704; or the public by the Secretary within 30 days of that— ‘‘(iii) has not complied with the require- the issuance of a determination that such to- ‘‘(A) there is a lack of a showing that per- ments of section 905; bacco product is substantially equivalent to mitting such tobacco product to be marketed another tobacco product. would be appropriate for the protection of ‘‘(D) on the basis of new information before the Secretary with respect to such tobacco ‘‘(b) APPLICATION.— the public health; product, evaluated together with the evi- ‘‘(1) CONTENTS.—An application for pre- ‘‘(B) the methods used in, or the facilities market approval shall contain— or controls used for, the manufacture, proc- dence before the Secretary when the applica- ‘‘(A) full reports of all information, pub- essing, or packing of such tobacco product do tion was approved, that the methods used in, lished or known to, or which should reason- not conform to the requirements of section or the facilities and controls used for, the ably be known to, the applicant, concerning 906(e); manufacture, processing, packing, or instal- investigations which have been made to ‘‘(C) based on a fair evaluation of all mate- lation of such tobacco product do not con- show the health risks of such tobacco prod- rial facts, the proposed labeling is false or form with the requirements of section 906(e) uct and whether such tobacco product pre- misleading in any particular; or and were not brought into conformity with sents less risk than other tobacco products; ‘‘(D) such tobacco product is not shown to such requirements within a reasonable time ‘‘(B) a full statement of the components, conform in all respects to a performance after receipt of written notice from the Sec- standard in effect under section 907, compli- ingredients, and properties, and of the prin- retary of nonconformity; ance with which is a condition to approval of ciple or principles of operation, of such to- ‘‘(E) on the basis of new information before the application, and there is a lack of ade- bacco product; the Secretary, evaluated together with the quate information to justify the deviation ‘‘(C) a full description of the methods used evidence before the Secretary when the ap- from such standard. in, and the facilities and controls used for, plication was approved, that the labeling of ‘‘(3) DENIAL INFORMATION.—Any denial of the manufacture, processing, and, when rel- such tobacco product, based on a fair evalua- an application shall, insofar as the Secretary evant, packing and installation of, such to- tion of all material facts, is false or mis- determines to be practicable, be accom- bacco product; panied by a statement informing the appli- leading in any particular and was not cor- ‘‘(D) an identifying reference to any per- cant of the measures required to place such rected within a reasonable time after receipt formance standard under section 907 which application in approvable form (which meas- of written notice from the Secretary of such would be applicable to any aspect of such to- ures may include further research by the ap- fact; or bacco product, and either adequate informa- plicant in accordance with one or more pro- ‘‘(F) on the basis of new information before tion to show that such aspect of such to- tocols prescribed by the Secretary). the Secretary, evaluated together with the bacco product fully meets such performance ‘‘(4) BASIS FOR FINDING.—For purposes of evidence before the Secretary when the ap- standard or adequate information to justify this section, the finding as to whether application was approved, that such tobacco any deviation from such standard; proval of a tobacco product is appropriate for product is not shown to conform in all re- ‘‘(E) such samples of such tobacco product the protection of the public health shall be spects to a performance standard which is in and of components thereof as the Secretary determined with respect to the risks and effect under section 907, compliance with may reasonably require; benefits to the population as a whole, includ- which was a condition to approval of the ap- ‘‘(F) specimens of the labeling proposed to ing users and non-users of the tobacco prod- plication, and that there is a lack of ade- be used for such tobacco product; and uct, and taking into account— quate information to justify the deviation ‘‘(G) such other information relevant to ‘‘(A) the increased or decreased likelihood from such standard. the subject matter of the application as the that existing users of tobacco products will ‘‘(2) APPEAL.—The holder of an application Secretary may require. stop using such products; and subject to an order issued under paragraph ‘‘(2) REFERENCE TO ADVISORY COMMITTEE.— ‘‘(B) the increased or decreased likelihood (1) withdrawing approval of the application Upon receipt of an application meeting the that those who do not use tobacco products may, by petition filed on or before the 30th requirements set forth in paragraph (1), the will start using such products. day after the date upon which such holder Secretary— ‘‘(5) BASIS FOR ACTION.— receives notice of such withdrawal, obtain ‘‘(A) may, on the Secretary’s own initia- ‘‘(A) INVESTIGATIONS.—For purposes of review thereof in accordance with subsection tive; or paragraph (2)(A), whether permitting a to- (e). ‘‘(B) shall, upon the request of an appli- bacco product to be marketed would be ap- ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- cant, propriate for the protection of the public viding an opportunity for an informal hear- refer such application to an advisory com- health shall, when appropriate, be deter- ing, the Secretary determines there is rea- mittee and for submission (within such pe- mined on the basis of well-controlled inves- sonable probability that the continuation of riod as the Secretary may establish) of a re- tigations, which may include one or more distribution of a tobacco product under an port and recommendation respecting ap- clinical investigations by experts qualified approved application would cause serious, proval of the application, together with all by training and experience to evaluate the adverse health consequences or death, that is underlying data and the reasons or basis for tobacco product. greater than ordinarily caused by tobacco the recommendation. ‘‘(B) OTHER EVIDENCE.—If the Secretary de- products on the market, the Secretary shall ‘‘(c) ACTION ON APPLICATION.— termines that there exists valid scientific by order temporarily suspend the approval of ‘‘(1) DEADLINE.— evidence (other than evidence derived from the application approved under this section. ‘‘(A) IN GENERAL.—As promptly as possible, investigations described in subparagraph If the Secretary issues such an order, the but in no event later than 180 days after the (A)) which is sufficient to evaluate the to- Secretary shall proceed expeditiously under receipt of an application under subsection bacco product the Secretary may authorize paragraph (1) to withdraw such application. (b), the Secretary, after considering the re- that the determination for purposes of para- port and recommendation submitted under graph (2)(A) be made on the basis of such evi- ‘‘(e) SERVICE OF ORDER.—An order issued paragraph (2) of such subsection, shall— dence. by the Secretary under this section shall be ‘‘(i) issue an order approving the applica- ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- served— tion if the Secretary finds that none of the SION.— ‘‘(1) in person by any officer or employee of grounds for denying approval specified in ‘‘(1) IN GENERAL.—The Secretary shall, the department designated by the Secretary; paragraph (2) of this subsection applies; or upon obtaining, where appropriate, advice on or

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.029 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5609 ‘‘(2) by mailing the order by registered found to be unsupported by substantial evi- bacco products and non-users of tobacco mail or certified mail addressed to the appli- dence on the record taken as a whole. products; cant at the applicant’s last known address in ‘‘(d) FINALITY OF JUDGMENT.—The judg- ‘‘(ii) the increased or decreased likelihood the records of the Secretary. ment of the court affirming or setting aside, that existing users of tobacco products will ‘‘SEC. 911. JUDICIAL REVIEW. in whole or in part, any regulation or order stop using such products including reduced ‘‘(a) RIGHT TO REVIEW.— shall be final, subject to review by the Su- risk tobacco products; ‘‘(1) IN GENERAL.—Not later than 30 days preme Court of the United States upon cer- ‘‘(iii) the increased or decreased likelihood after— tiorari or certification, as provided in sec- that those who do not use tobacco products ‘‘(A) the promulgation of a regulation tion 1254 of title 28, United States Code. will start to use such products, including re- under section 907 establishing, amending, or ‘‘(e) OTHER REMEDIES.—The remedies produced risk tobacco products; and revoking a performance standard for a to- vided for in this section shall be in addition ‘‘(iv) the risks and benefits to consumers bacco product; or to and not in lieu of any other remedies pro- from the use of a reduced risk tobacco prod- ‘‘(B) a denial of an application for approval vided by law. uct as compared to the use of products ap- EGULATIONS AND ORDERS MUST RECITE under section 910(c), ‘‘(f) R proved under chapter V to reduce exposure BASIS IN RECORD.—To facilitate judicial re- any person adversely affected by such regu- to tobacco. view under this section or under any other ARKETING REQUIREMENTS.—A tobacco lation or order may file a petition with the ‘‘(3) M provision of law or a regulation or order product may be marketed and labeled as a United States Court of Appeals for the Dis- issued under section 906, 907, 908, 909, 910, or reduced risk tobacco product if it— trict of Columbia or for the circuit wherein 914, each such regulation or order shall con- ‘‘(A) has been designated as a reduced risk such person resides or has his or her prin- tain a statement of the reasons for its tobacco product by the Secretary under cipal place of business for judicial review of issuance and the basis, in the record of the paragraph (2); such regulation or order. proceedings held in connection with its ‘‘(B) bears a label prescribed by the Sec- ‘‘(2) REQUIREMENTS.— issuance, for its issuance. retary concerning the product’s contribution ‘‘(A) COPY OF PETITION.—A copy of the peti- to reducing harm to health; and tion filed under paragraph (1) shall be trans- ‘‘SEC. 912. POSTMARKET SURVEILLANCE. ‘‘(C) complies with requirements pre- mitted by the clerk of the court to the Sec- ‘‘(a) DISCRETIONARY SURVEILLANCE.—The Secretary may require a tobacco product scribed by the Secretary relating to mar- retary or other officer designated by the Sec- keting and advertising of the product, and retary for that purpose. manufacturer to conduct postmarket surveillance for a tobacco product of the manu- other provisions of this chapter as prescribed ‘‘(B) RECORD OF PROCEEDINGS.—With re- by the Secretary. spect to an action under paragraph (1), the facturer if the Secretary determines that postmarket surveillance of the tobacco prod- ‘‘(b) REVOCATION OF DESIGNATION.—At any Secretary shall file in the court the record of time after the date on which a tobacco prod- the proceedings on which the Secretary uct is necessary to protect the public health or is necessary to provide information re- uct is designated as a reduced risk tobacco based the Secretary’s regulation or order and product under this section the Secretary garding the health risks and other safety each record or order shall contain a state- may, after providing an opportunity for an issues involving the tobacco product. ment of the reasons for its issuance and the informal hearing, revoke such designation if ‘‘(b) SURVEILLANCE APPROVAL.—Each to- basis, on the record, for its issuance. the Secretary determines, based on informa- bacco product manufacturer required to con- ‘‘(C) DEFINITION.—For purposes of this section not available at the time of the designa- duct a surveillance of a tobacco product tion, the term ‘record’ means all notices and tion, that— under subsection (a) shall, within 30 days other matter published in the Federal Reg- ‘‘(1) the finding made under subsection after receiving notice that the manufacturer ister with respect to the regulation or order (a)(2) is no longer valid; or is required to conduct such surveillance, sub- reviewed, all information submitted to the ‘‘(2) the product is being marketed in viola- mit, for the approval of the Secretary, a pro- Secretary with respect to such regulation or tion of subsection (a)(3). order, proceedings of any panel or advisory tocol for the required surveillance. The Sec- ‘‘(c) LIMITATION.—A tobacco product that committee with respect to such regulation retary, within 60 days of the receipt of such is designated as a reduced risk tobacco prod- or order, any hearing held with respect to protocol, shall determine if the principal in- uct that is in compliance with subsection (a) such regulation or order, and any other in- vestigator proposed to be used in the surveil- shall not be regulated as a drug or device. formation identified by the Secretary, in the lance has sufficient qualifications and expe- ‘‘(d) DEVELOPMENT OF REDUCED RISK TO- administrative proceeding held with respect rience to conduct such surveillance and if BACCO PRODUCT TECHNOLOGY.—A tobacco to such regulation or order, as being relevant such protocol will result in collection of use- product manufacturer shall provide written to such regulation or order. ful data or other information necessary to notice to the Secretary upon the develop- protect the public health. The Secretary ‘‘(b) COURT MAY ORDER SECRETARY TO ment or acquisition by the manufacturer of may not approve such a protocol until it has MAKE ADDITIONAL FINDINGS.— any technology that would reduce the risk of been reviewed by an appropriately qualified ‘‘(1) IN GENERAL.—If the petitioner in an a tobacco product to the health of the user action under subsection (a)(1) applies to the scientific and technical review committee for which the manufacturer is not seeking court for leave to adduce additional data, established by the Secretary. designation as a ‘reduced risk tobacco prod- views, or arguments respecting the regula- ‘‘SEC. 913. REDUCED RISK TOBACCO PRODUCTS. uct’ under subsection (a). tion or order being reviewed and shows to ‘‘(a) REQUIREMENTS.— ‘‘SEC. 914. EQUAL TREATMENT OF RETAIL OUT- LETS. the satisfaction of the court that such addi- ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘The Secretary shall issue regulations to tional data, views, or arguments are mate- tion, the term ‘reduced risk tobacco product’ require that retail establishments for which rial and that there were reasonable grounds means a tobacco product designated by the the predominant business is the sale of to- for the petitioner’s failure to adduce such Secretary under paragraph (2). ‘‘(2) DESIGNATION.— bacco products comply with any advertising data, views, or arguments in the proceedings restrictions applicable to retail establish- before the Secretary, the court may order ‘‘(A) IN GENERAL.—A product may be designated by the Secretary as a reduced risk ments accessible to individuals under the the Secretary to provide additional oppor- age of 18. tunity for the oral presentation of data, tobacco product if the Secretary finds that ‘‘SEC. 915. JURISDICTION OF AND COORDINATION views, or arguments and for written submis- the product will significantly reduce harm to individuals caused by a tobacco product and WITH THE FEDERAL TRADE COMMIS- sions. SION. is otherwise appropriate to protect public ‘‘(2) MODIFICATION OF OR ADDITIONAL FIND- ‘‘(a) JURISDICTION.— health, based on an application submitted by INGS.—The Secretary may modify the Sec- ‘‘(1) IN GENERAL.—Except where expressly retary’s findings, or make new findings by the manufacturer of the product (or other re- provided in this chapter, nothing in this reason of the additional data, views, or argu- sponsible person) that— chapter shall be construed as limiting or di- ments under paragraph (1) and shall file with ‘‘(i) demonstrates through testing on ani- minishing the authority of the Federal Trade the court such modified or new findings, and mals and short-term human testing that use Commission to enforce the laws under its ju- the Secretary’s recommendation, if any, for of such product results in ingestion or inha- risdiction with respect to the advertising, the modification or setting aside of the regulation of a substantially lower yield of toxic sale, or distribution of tobacco products. substances than use of conventional tobacco lation or order being reviewed, with the re- ‘‘(2) ENFORCEMENT.—Any advertising that turn of such additional data, views, or argu- products; and violates this chapter or a provision of the ments. ‘‘(ii) if required by the Secretary, includes regulations referred to in section 102 of the ‘‘(c) STANDARD OF REVIEW.—Upon the filing studies of the long-term health effects of the Youth Smoking Prevention and Public of the petition under subsection (a) for judi- product. Health Protection Act, is an unfair or decep- cial review of a regulation or order, the If such studies are required, the manufac- tive act or practice under section 5(a) of the court shall have jurisdiction to review the turer may consult with the Secretary re- Federal Trade Commission Act (15 U.S.C. regulation or order in accordance with chap- garding protocols for conducting the studies. 45(a)) and shall be considered a violation of a ter 7 of title 5, United States Code, and to ‘‘(B) BASIS FOR FINDING.—In making the rule promulgated under section 18 of that grant appropriate relief, including interim finding under subparagraph (A), the Sec- Act (15 U.S.C. 57a). relief, as provided in such chapter. A regula- retary shall take into account— ‘‘(b) COORDINATION.—With respect to the re- tion or order described in paragraph (1) or (2) ‘‘(i) the risks and benefits to the popu- quirements of section 4 of the Federal Ciga- of subsection (a) shall not be affirmed if it is lation as a whole, including both users of to- rette Labeling and Advertising Act (15 U.S.C.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.029 pfrm04 PsN: S14PT1 S5610 CONGRESSIONAL RECORD — SENATE June 14, 2002 1333) and section 3 of the Comprehensive proval, adulteration, misbranding, registra- agency responsible for the enforcement of Smokeless Tobacco Health Education Act of tion, reporting, good manufacturing stand- this Act. The Secretary may appoint Federal 1986 (15 U.S.C. 4402)— ards, or reduced risk products. officials as ex-officio members. ‘‘(1) the Chairman of the Federal Trade ‘‘(B) EXCEPTION.—Subparagraph (A) does ‘‘(3) CHAIRPERSON.—The Secretary shall Commission shall coordinate with the Sec- not apply to requirements relating to the designate 1 of the members of the Advisory retary concerning the enforcement of such sale, use, or distribution of a tobacco prod- Committee to serve as chairperson. Act as such enforcement relates to unfair or uct including requirements related to the ac- ‘‘(c) DUTIES.—The Tobacco Products Sci- deceptive acts or practices in the advertising cess to, and the advertising and promotion entific Advisory Committee shall provide ad- of cigarettes or smokeless tobacco; and of, a tobacco product. vice, information, and recommendations to ‘‘(2) the Secretary shall consult with the ‘‘(b) ADDITIONAL RESTRICTIONS ON UNDER- the Secretary— Chairman of such Commission in revising AGE USAGE.—Nothing in this chapter shall be ‘‘(1) as provided in this chapter; the label statements and requirements under construed to prevent a Federal agency (in- ‘‘(2) on the effects of the alteration of the such sections. cluding the Armed Forces), a State or a po- nicotine yields from tobacco products; ‘‘SEC. 916. CONGRESSIONAL REVIEW PROVISIONS. litical subdivision of a State, or the govern- ‘‘(3) on whether there is a threshold level ‘‘In accordance with section 801 of title 5, ment of an Indian tribe from adopting and below which nicotine yields do not produce United States Code, the Congress shall re- enforcing additional measures that further dependence on the tobacco product involved; view, and may disapprove, any rule under restrict or prohibit tobacco product sale to, and this chapter that is subject to section 801. use by, and accessibility to individuals under ‘‘(4) on its review of other safety, depend- This section does not apply to the regula- the legal age of purchase established by such ence, or health issues relating to tobacco tions referred to in section 102 of the Youth agency, State, subdivision, or government of products as requested by the Secretary. Smoking Prevention and Public Health Pro- an Indian tribe. ‘‘(d) COMPENSATION; SUPPORT; FACA.— O LESS STRINGENT.—Nothing in this tection Act. ‘‘(c) N ‘‘(1) COMPENSATION AND TRAVEL.—Members chapter is intended to supersede any State, of the Advisory Committee who are not offi- ‘‘SEC. 917. REGULATION REQUIREMENT. local, or Tribal law that is not less stringent cers or employees of the United States, while ‘‘(a) TESTING, REPORTING, AND DISCLO- than this chapter. attending conferences or meetings of the SURE.—Not later than 24 months after the ‘‘(d) RULE OF CONSTRUCTION REGARDING committee or otherwise engaged in its busi- date of enactment of the Youth Smoking PRODUCT LIABILITY.—No provision of this ness, shall be entitled to receive compensa- Prevention and Public Health Protection chapter relating to a tobacco product shall tion at rates to be fixed by the Secretary, Act, the Secretary, acting through the Com- be construed to modify or otherwise affect which may not exceed the daily equivalent of missioner of the Food and Drug Administra- any action or the liability of any person the rate in effect for level 4 of the Senior Ex- tion, shall promulgate regulations under this under the product liability law of any State. ecutive Schedule under section 5382 of title 5, Act that meet the requirements of sub- ‘‘(e) WAIVERS.—Upon the application of a United States Code, for each day (including section (b). State or political subdivision thereof, the travel time) they are so engaged; and while ‘‘(b) CONTENTS OF RULES.—The regulations Secretary may, by regulation promulgated so serving away from their homes or regular promulgated under subsection (a) shall re- after notice and an opportunity for an oral places of business each member may be al- quire the testing, reporting, and disclosure hearing, exempt from subsection (a), under lowed travel expenses, including per diem in of tobacco product smoke constituents and such conditions as may be prescribed in such lieu of subsistence, as authorized by section ingredients that the Secretary determines regulation, a requirement of such State or 5703 of title 5, United States Code, for per- should be disclosed to the public in order to political subdivision applicable to a tobacco sons in the Government service employed protect the public health. Such constituents product if— intermittently. shall include tar, nicotine, carbon monoxide, ‘‘(1) the requirement is more stringent ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- and such other smoke constituents or ingre- than a requirement applicable under the pro- retary shall furnish the Advisory Committee dients as the Secretary may determine to be visions described in subsection (a)(1) which clerical and other assistance. appropriate. The regulations may require would be applicable to the tobacco product if ‘‘(3) NONAPPLICATION OF FACA.—Section 14 that tobacco product manufacturers, pack- an exemption were not in effect under this of the Federal Advisory Committee Act (5 agers, or importers make such disclosures re- subsection; or U.S.C. App.) does not apply to the Advisory lating to tar and nicotine through labels or ‘‘(2) the requirement— Committee. advertising, and make such disclosures re- ‘‘(A) is required by compelling local condi- ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND garding other smoke constituents or ingredi- tions; and COMMITTEES.—The Advisory Committee shall ents as the Secretary determines are nec- ‘‘(B) compliance with the requirement make and maintain a transcript of any pro- essary to protect the public health. would not cause the tobacco product to be in ceeding of the panel or committee. Each ‘‘(c) AUTHORITY.—The Food and Drug Ad- violation of any applicable requirement of such panel and committee shall delete from ministration shall have the authority under this chapter. any transcript made under this subsection this chapter to conduct or to require the ‘‘SEC. 919. TOBACCO PRODUCTS SCIENTIFIC AD- information which is exempt from disclosure testing, reporting, or disclosure of tobacco VISORY COMMITTEE. under section 552(b) of title 5, United States product smoke constituents. ‘‘(a) ESTABLISHMENT.—Not later than 1 Code.’’. ‘‘SEC. 918. PRESERVATION OF STATE AND LOCAL year after the date of enactment of the SEC. 102. CONSTRUCTION OF CURRENT REGULA- AUTHORITY. Youth Smoking Prevention and Public TIONS. ‘‘(a) ADDITIONAL REQUIREMENTS.— Health Protection Act, the Secretary shall (a) IN GENERAL.—The final regulations pro- ‘‘(1) IN GENERAL.—Except as provided in establish a 9-member advisory committee, to mulgated by the Secretary of Health and paragraph (2), nothing in this chapter, or be known as the ‘Tobacco Products Sci- Human Services in the August 28, 1996, issue rules promulgated under this chapter, shall entific Advisory Committee’. of the Federal Register (62 Fed. Reg. 44615– be construed to limit the authority of a Fed- ‘‘(b) MEMBERSHIP.— 44618 beginning at ‘‘part 897’’) are hereby eral agency (including the Armed Forces), a ‘‘(1) IN GENERAL.—The Secretary shall ap- deemed to be lawful and shall have the same State or political subdivision of a State, or point as members of the Tobacco Products legal force and effect as if such regulations the government of an Indian tribe to enact, Scientific Advisory Committee individuals had been lawfully promulgated by the Sec- adopt, promulgate, and enforce any law, who are technically qualified by training and retary under chapter IX and section 701 of rule, regulation, or other measure with re- experience in the medicine, medical ethics, the Federal Food, Drug, and Cosmetic Act spect to tobacco products, including laws, science, or technology involving the manu- (as amended by this Act). Not later than 30 rules, regulations, or other measures relat- facture, evaluation, or use of tobacco prod- days after the date of enactment of this Act, ing to or prohibiting the sale, distribution, ucts, who are of appropriately diversified the Secretary shall republish such regula- possession, exposure to, or use of tobacco professional backgrounds. The committee tions in the Federal Register. Such regula- products by individuals of any age that are shall be composed of— tions shall take effect on the date that is 12 in addition to, or more stringent than, re- ‘‘(A) 3 individuals who are officers or em- months after such date of enactment, except quirements established under this chapter. ployees of a State or local government, or of that the Secretary may designate an earlier No provision of this chapter shall limit or the Federal government; effective date. The Secretary shall amend otherwise affect any State, Tribal, or local ‘‘(B) 2 individuals as representatives of in- the designation of authority in such regula- taxation of tobacco products. terests of the tobacco manufacturing indus- tions in accordance with this subsection. ‘‘(2) PREEMPTION OF CERTAIN STATE AND try; (b) LIMITATION ON ADVISORY OPINIONS.—As LOCAL REQUIREMENTS.— ‘‘(C) 2 individuals as representatives of in- of the date of enactment of this Act, the fol- ‘‘(A) IN GENERAL.—Except as provided in terests of physicians and other health care lowing documents issued by the Food and subparagraph (B), no State or political sub- professionals; and Drug Administration shall not constitute ad- division of a State may establish or continue ‘‘(D) 2 individuals as representatives of the visory opinions under section 10.85(d)(1) of in effect with respect to a tobacco product general public. title 21, Code of Federal Regulations, except any requirement which is different from, or ‘‘(2) LIMITATION.—The Secretary may not as they apply to tobacco products, and shall in addition to, any requirement applicable appoint to the Advisory Committee any indi- not be cited by the Secretary of Health and under the provisions of this chapter relating vidual who is in the regular full-time employ Human Services or the Food and Drug Ad- to performance standards, premarket ap- of the Food and Drug Administration or any ministration as binding precedent:

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.030 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5611 (1) The preamble to the proposed rule in (2) in paragraph (1)(A), by inserting ‘‘or to- (2) in subsection (a)(1)(B), by inserting ‘‘or the document entitled ‘‘Regulations Re- bacco products’’ after ‘‘devices’’; tobacco product’’ after ‘‘restricted devices’’ stricting the Sale and Distribution of Ciga- (3) by redesignating paragraphs (3), (4), and each place it appears; and rettes and Smokeless Tobacco Products to (5) as paragraphs (4), (5), and (6), and insert- (3) in subsection (b), by inserting ‘‘tobacco Protect Children and Adolescents’’ (60 Fed. ing after paragraph (2) the following: product,’’ after ‘‘device,’’. Reg. 41314–41372 (August 11, 1995)). ‘‘(3) If the Secretary finds that a person (h) SECTION 705.—Section 705(b) (21 U.S.C. (2) The document entitled ‘‘Nicotine in has committed repeated violations of restric- 375(b)) is amended by inserting ‘‘tobacco Cigarettes and Smokeless Tobacco Products tions promulgated under section 906(d) at a products,’’ after ‘‘devices,’’. is a Drug and These Products Are Nicotine particular retail outlet then the Secretary (i) SECTION 709.—Section 709 (21 U.S.C. 379) Delivery Devices Under the Federal Food, may impose a no-tobacco-sale order on that is amended by inserting ‘‘or tobacco prod- Drug, and Cosmetic Act’’ (60 Fed. Reg. 41453– person prohibiting the sale of tobacco product’’ after ‘‘device’’. 41787 (August 11, 1995)). ucts in that outlet. A no-tobacco-sale order (j) SECTION 801.—Section 801 (21 U.S.C. 381) (3) The preamble to the final rule in the may be imposed with a civil penalty under is amended— document entitled ‘‘Regulations Restricting paragraph (1).’’; (1) in subsection (a)— the Sale and Distribution of Cigarettes and (4) in paragraph (4) as so redesignated— (A) by inserting ‘‘tobacco products,’’ after Smokeless Tobacco to Protect Children and (A) in subparagraph (A)— ‘‘devices,’’ the first time it appears; Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- (i) by striking ‘‘assessed’’ the first time it (B) by inserting ‘‘or subsection (j) of sec- gust 28, 1996)). appears and inserting ‘‘assessed, or a no-to- tion 905’’ after ‘‘section 510’’; and (4) The document entitled ‘‘Nicotine in bacco-sale order may be imposed,’’; and (C) by striking ‘‘drugs or devices’’ each Cigarettes and Smokeless Tobacco is a Drug (ii) by striking ‘‘penalty’’ and inserting time it appears and inserting ‘‘drugs, de- and These Products are Nicotine Delivery ‘‘penalty, or upon whom a no-tobacco-order vices, or tobacco products’’; Devices Under the Federal Food, Drug, and is to be imposed,’’; (2) in subsection (e)— Cosmetic Act; Jurisdictional Determina- (B) in subparagraph (B)— (A) in paragraph (1), by inserting ‘‘tobacco tion’’ (61 Fed. Reg. 44619–45318 (August 28, (i) by inserting after ‘‘penalty,’’ the fol- product,’’ after ‘‘device,’’; and 1996)). lowing: ‘‘or the period to be covered by a no- (B) by redesignating paragraph (4) as para- SEC. 103. CONFORMING AND OTHER AMEND- tobacco-sale order,’’; and graph (5) and inserting after paragraph (3), MENTS TO GENERAL PROVISIONS. (ii) by adding at the end the following: ‘‘A the following: (a) AMENDMENT OF FEDERAL FOOD, DRUG, no-tobacco-sale order permanently prohib- ‘‘(4) Paragraph (1) does not apply to any to- AND COSMETIC ACT.—Except as otherwise ex- iting an individual retail outlet from selling bacco product— pressly provided, whenever in this section an tobacco products shall include provisions ‘‘(A) which does not comply with an appli- amendment is expressed in terms of an that allow the outlet, after a specified period cable requirement of section 907 or 910; or amendment to, or repeal of, a section or of time, to request that the Secretary com- ‘‘(B) which under section 906(f) is exempt other provision, the reference is to a section promise, modify, or terminate the order.’’; from either such section. or other provision of the Federal Food, Drug, and This paragraph does not apply if the Sec- and Cosmetic Act (21 U.S.C. 301 et seq.). (C) by adding at the end, the following: retary has determined that the exportation (b) SECTION 301.—Section 301 (21 U.S.C. 331) ‘‘(D) The Secretary may compromise, mod- of the tobacco product is not contrary to the is amended— ify, or terminate, with or without condi- public health and safety and has the ap- (1) in subsection (a), by inserting ‘‘tobacco tions, any no-tobacco-sale order.’’; proval of the country to which it is intended product,’’ after ‘‘device,’’; (5) in paragraph (5) as so redesignated— for export or the tobacco product is eligible (2) in subsection (b), by inserting ‘‘tobacco (A) by striking ‘‘(3)(A)’’ as redesignated, for export under section 802.’’. product,’’ after ‘‘device,’’; and inserting ‘‘(4)(A)’’; (k) SECTION 802.—Section 802 (21 U.S.C. 382) (3) in subsection (c), by inserting ‘‘tobacco (B) by inserting ‘‘or the imposition of a no- is amended— product,’’ after ‘‘device,’’; tobacco-sale order’’ after ‘‘penalty’’ the first (1) in subsection (a), by striking ‘‘device— (4) in subsection (e), by striking ‘‘515(f), or 2 places it appears; and ’’ and inserting ‘‘device or tobacco product— 519’’ and inserting ‘‘515(f), 519, or 909’’; (C) by striking ‘‘issued.’’ and inserting ’’; (5) in subsection (g), by inserting ‘‘tobacco ‘‘issued, or on which the no-tobacco-sale (2) in subsection (a)(1)(C), by striking product,’’ after ‘‘device,’’; order was imposed, as the case may be.’’; and ‘‘and’’ after the semicolon; (6) in subsection (h), by inserting ‘‘tobacco (6) in paragraph (6), as so redesignated, by (3) in subsection (a)(2), by striking sub- product,’’ after ‘‘device,’’; striking ‘‘paragraph (4)’’ each place it ap- paragraph (C) and all that follows in that (7) in subsection (j), by striking ‘‘708, or pears and inserting ‘‘paragraph (5)’’. subsection and inserting the following: 721’’ and inserting ‘‘708, 721, 904, 905, 906, 907, (d) SECTION 304.—Section 304 (21 U.S.C. 334) ‘‘(C) is a banned device under section 516; 908, or 909’’; is amended— or (8) in subsection (k), by inserting ‘‘tobacco (1) in subsection (a)(2)— ‘‘(3) which, in the case of a tobacco product,’’ after ‘‘device,’’; (A) by striking ‘‘and’’ before ‘‘(D)’’; and product— (9) by striking subsection (p) and inserting (B) by striking ‘‘device.’’ and inserting the ‘‘(A) does not comply with an applicable the following: requirement of section 907 or 910; or ‘‘(p) The failure to register in accordance following: ‘‘, (E) Any adulterated or misbranded tobacco product.’’; ‘‘(B) under section 906(f) is exempt from ei- with section 510 or 905, the failure to provide ther such section, any information required by section 510(j), (2) in subsection (d)(1), by inserting ‘‘to- 510(k), 905(i), or 905(j), or the failure to pro- bacco product,’’ after ‘‘device,’’; is adulterated, misbranded, and in violation vide a notice required by section 510(j)(2) or (3) in subsection (g)(1), by inserting ‘‘or to- of such sections or Act unless the export of 905(j)(2).’’; bacco product’’ after ‘‘device’’ each place it the drug, device, or tobacco product is, ex- (10) by striking subsection (q)(1) and in- appears; and cept as provided in subsection (f), authorized serting the following: (4) in subsection (g)(2)(A), by inserting ‘‘or under subsection (b), (c), (d), or (e) of this ‘‘(q)(1) The failure or refusal— tobacco product’’ after ‘‘device’’ each place section or section 801(e)(2) or 801(e)(4). If a ‘‘(A) to comply with any requirement pre- it appears. drug, device, or tobacco product described in scribed under section 518, 520(g), 906(f), or 908; (e) SECTION 702.—Section 702(a) (21 U.S.C. paragraph (1), (2), or (3) may be exported ‘‘(B) to furnish any notification or other 372(a)) is amended— under subsection (b) and if an application for material or information required by or under (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and such drug or device under section 505, 515, or section 519, 520(g), 904, 906(f), or 909; or (2) by adding at the end thereof the fol- 910 of this Act or section 351 of the Public ‘‘(C) to comply with a requirement under lowing: Health Service Act (42 U.S.C. 262) was dis- approved, the Secretary shall notify the ap- section 522 or 912.’’; ‘‘(2) For a tobacco product, to the extent propriate public health official of the coun- (11) in subsection (q)(2), by striking ‘‘de- feasible, the Secretary shall contract with try to which such drug, device, or tobacco vice,’’ and inserting ‘‘device or tobacco prod- the States in accordance with paragraph (1) product will be exported of such dis- uct,’’; to carry out inspections of retailers in con- approval.’’; (12) in subsection (r), by inserting ‘‘or to- nection with the enforcement of this Act.’’. bacco product’’ after ‘‘device’’ each time (4) in subsection (b)(1)(A), by inserting ‘‘or (f) SECTION 703.—Section 703 (21 U.S.C. 373) that it appears; and tobacco product’’ after ‘‘device’’ each time it is amended— (13) by adding at the end the following: appears; (1) by inserting ‘‘tobacco product,’’ after ‘‘(aa) The sale of tobacco products in viola- (5) in subsection (c), by inserting ‘‘or to- ‘‘device,’’ each place it appears; and tion of a no-tobacco-sale order issued under bacco product’’ after ‘‘device’’ and inserting (2) by inserting ‘‘tobacco products,’’ after section 303(f).’’. ‘‘or section 906(f)’’ after ‘‘520(g).’’; (c) SECTION 303.—Section 303(f) (21 U.S.C. ‘‘devices,’’ each place it appears. (6) in subsection (f), by inserting ‘‘or to- 333(f)) is amended— (g) SECTION 704.—Section 704 (21 U.S.C. 374) bacco product’’ after ‘‘device’’ each time it (1) by striking the subsection heading and is amended— appears; and inserting the following: (1) in subsection (a)(1)(A), by inserting ‘‘to- (7) in subsection (g), by inserting ‘‘or to- ‘‘(f) CIVIL PENALTIES; NO-TOBACCO-SALE bacco products,’’ after ‘‘devices,’’ each place bacco product’’ after ‘‘device’’ each time it ORDERS.—’’; it appears; appears.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.030 pfrm04 PsN: S14PT1 S5612 CONGRESSIONAL RECORD — SENATE June 14, 2002

(l) SECTION 1003.—Section 1003(d)(2)(C) (as white on a black background, in a manner the format and type sizes for the label state- redesignated by section 101(a)) is amended— that contrasts, by typography, layout, or ments required by this section or the text, (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; color, with all other printed material on the format, and type sizes of any required tar, and package, in an alternating fashion under the nicotine yield, or other constituent disclo- (2) inserting a comma and ‘‘and tobacco plan submitted under subsection (b)(4). sures, or to establish the text, format, and products’’ after ‘‘devices’’. ‘‘(B) FLIP-TOP BOXES.—For any cigarette type sizes for any other disclosures required (m) EFFECTIVE DATE FOR NO-TOBACCO-SALE brand package manufactured or distributed under the Federal Food, Drug, and Cosmetic ORDER AMENDMENTS.—The amendments before January 1, 2000, which employs a flip- Act (21 U.S.C. 301 et. seq.). The text of any made by subsection (c), other than the top style (if such packaging was used for such label statements or disclosures shall be amendment made by paragraph (2) of such that brand in commerce prior to June 21, required to appear only within the 20 percent subsection, shall take effect only upon the 1997), the label statement required by para- area of cigarette advertisements provided by promulgation of final regulations by the Sec- graph (1) shall be located on the flip-top area paragraph (2) of this subsection. The Sec- retary of Health and Human Services— of the package, even if such area is less than retary shall promulgate regulations which (1) defining the term ‘‘repeated violation’’, 25 percent of the area of the front panel. Ex- provide for adjustments in the format and as used in section 303(f) of the Federal Food, cept as provided in this paragraph, the provi- type sizes of any text required to appear in Drug, and Cosmetic Act (21 U.S.C. 333(f)) as sions of this subsection shall apply to such such area to ensure that the total text re- amended by subsection (c), by identifying packages. quired to appear by law will fit within such the number of violations of particular re- ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- area. quirements over a specified period of time TION.—The provisions of this subsection do ‘‘(4) MARKETING REQUIREMENTS.— that constitute a repeated violation; not apply to a tobacco product manufacturer ‘‘(A) The label statements specified in sub- (2) providing for notice to the retailer of or distributor of cigarettes which does not section (a)(1) shall be randomly displayed in each violation at a particular retail outlet; manufacture, package, or import cigarettes each 12-month period, in as equal a number (3) providing that a person may not be for sale or distribution within the United of times as is possible on each brand of the charged with a violation at a particular re- States. product and be randomly distributed in all tail outlet unless the Secretary has provided ‘‘(b) ADVERTISING REQUIREMENTS.— areas of the United States in which the prod- notice to the retailer of all previous viola- ‘‘(1) IN GENERAL.—It shall be unlawful for uct is marketed in accordance with a plan tions at that outlet; any tobacco product manufacturer, im- submitted by the tobacco product manufac- (4) establishing a period of time during porter, distributor, or retailer of cigarettes turer, importer, distributor, or retailer and to advertise or cause to be advertised within which, if there are no violations by a par- approved by the Secretary. the United States any cigarette unless its ticular retail outlet, that outlet will not ‘‘(B) The label statements specified in sub- advertising bears, in accordance with the re- considered to have been the site of repeated section (a)(1) shall be rotated quarterly in al- quirements of this section, one of the labels violations when the next violation occurs; ternating sequence in advertisements for specified in subsection (a) of this section. and each brand of cigarettes in accordance with ‘‘(2) TYPOGRAPHY, ETC.—Each label state- (5) providing that good faith reliance on a plan submitted by the tobacco product ment required by subsection (a) of this sec- false identification does not constitute a vio- manufacturer, importer, distributor, or re- tion in cigarette advertising shall comply lation of any minimum age requirement for tailer to, and approved by, the Secretary. with the standards set forth in this para- the sale of tobacco products. ‘‘(C) The Secretary shall review each plan graph. For press and poster advertisements, TITLE II—TOBACCO PRODUCT WARNINGS each such statement and (where applicable) submitted under subparagraph (B) and ap- AND SMOKE CONSTITUENT DISCLOSURE any required statement relating to tar, nico- prove it if the plan— SEC. 201. CIGARETTE LABEL AND ADVERTISING tine, or other constituent yield shall com- ‘‘(i) will provide for the equal distribution WARNINGS. prise at least 20 percent of the area of the ad- and display on packaging and the rotation (a) IN GENERAL.—Section 4 of the Federal vertisement and shall appear in a con- required in advertising under this sub- Cigarette Labeling and Advertising Act (15 spicuous and prominent format and location section; and U.S.C. 1333) is amended to read as follows: at the top of each advertisement within the ‘‘(ii) assures that all of the labels required ‘‘SEC. 4. LABELING. trim area. The Secretary may revise the re- under this section will be displayed by the ‘‘(a) LABEL REQUIREMENTS.— quired type sizes in such area in such man- tobacco product manufacturer, importer, ‘‘(1) IN GENERAL.—It shall be unlawful for ner as the Secretary determines appropriate. distributor, or retailer at the same time.’’. any person to manufacture, package, or im- The word ‘‘WARNING’’ shall appear in cap- (b) REPEAL OF PROHIBITION ON STATE RE- port for sale or distribution within the ital letters, and each label statement shall STRICTION.—Section 5 of the Federal Ciga- rette Labeling and Advertising Act (15 U.S.C. United States any cigarettes the package of appear in conspicuous and legible type. The 1334) is amended— which fails to bear, in accordance with the text of the label statement shall be black if (1) by striking ‘‘(a) ADDITIONAL STATE- requirements of this section, one of the fol- the background is white and white if the lowing labels: background is black, under the plan sub- MENTS.—’’ in subsection (a); and ‘‘WARNING: Cigarettes are addictive’’ mitted under paragraph (4) of this sub- (2) by striking subsection (b). ‘‘WARNING: Tobacco smoke can harm your section. The label statements shall be en- SEC. 202. AUTHORITY TO REVISE CIGARETTE WARNING LABEL STATEMENTS. children’’ closed by a rectangular border that is the Section 4 of the Federal Cigarette Labeling ‘‘WARNING: Cigarettes cause fatal lung dis- same color as the letters of the statements and Advertising Act ( 15 U.S.C. 1333), as ease’’ and that is the width of the first downstroke amended by section 301 of this title, is fur- ‘‘WARNING: Cigarettes cause cancer’’ of the capital ‘‘W’’ of the word ‘‘WARNING’’ ther amended by adding at the end the fol- ‘‘WARNING: Cigarettes cause strokes and in the label statements. The text of such lowing: heart disease’’ label statements shall be in a typeface pro ‘‘(c) CHANGE IN REQUIRED STATEMENTS.— ‘‘WARNING: Smoking during pregnancy can rata to the following requirements: 45-point The Secretary may, by a rulemaking con- harm your baby’’ type for a whole-page broadsheet newspaper ducted under section 553 of title 5, United ‘‘WARNING: Smoking can kill you’’ advertisement; 39-point type for a half-page States Code, adjust the format, type size, ‘‘WARNING: Tobacco smoke causes fatal broadsheet newspaper advertisement; 39- and text of any of the warning label state- lung disease in non-smokers’’ point type for a whole-page tabloid news- ments required by subsection (a) of this sec- ‘‘WARNING: Quitting smoking now greatly paper advertisement; 27-point type for a half- tion, or establish the format, type size, and reduces serious risks to your health’’ page tabloid newspaper advertisement; 31.5- text of any other disclosures required under ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.— point type for a double page spread magazine the Federal Food, Drug, and Cosmetic Act ‘‘(A) IN GENERAL.—Each label statement re- or whole-page magazine advertisement; 22.5- (21 U.S.C. 301 et seq.), if the Secretary finds quired by paragraph (1) shall be located in point type for a 28 centimeter by 3 column that such a change would promote greater the upper portion of the front and rear pan- advertisement; and 15-point type for a 20 cen- public understanding of the risks associated els of the package, directly on the package timeter by 2 column advertisement. The with the use of tobacco products.’’. underneath the cellophane or other clear label statements shall be in English, except SEC. 203. SMOKELESS TOBACCO LABELS AND AD- wrapping. Except as provided in subpara- that in the case of— VERTISING WARNINGS. graph (B), each label statement shall com- ‘‘(A) an advertisement that appears in a Section 3 of the Comprehensive Smokeless prise at least the top 25 percent of the front newspaper, magazine, periodical, or other Tobacco Health Education Act of 1986 (15 and rear panels of the package. The word publication that is not in English, the state- U.S.C. 4402) is amended to read as follows: ‘‘WARNING’’ shall appear in capital letters ments shall appear in the predominant lan- ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. and all text shall be in conspicuous and leg- guage of the publication; and ‘‘(a) GENERAL RULE.— ible 17-point type, unless the text of the label ‘‘(B) in the case of any other advertisement ‘‘(1) It shall be unlawful for any person to statement would occupy more than 70 per- that is not in English, the statements shall manufacture, package, or import for sale or cent of such area, in which case the text may appear in the same language as that prin- distribution within the United States any be in a smaller conspicuous and legible type cipally used in the advertisement. smokeless tobacco product unless the prod- size, provided that at least 60 percent of such ‘‘(3) ADJUSTMENT BY SECRETARY.—The Sec- uct package bears, in accordance with the re- area is occupied by required text. The text retary may, through a rulemaking under sec- quirements of this Act, one of the following shall be black on a white background, or tion 553 of title 5, United States Code, adjust labels:

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.030 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5613 ‘‘WARNING: This product can cause mouth tributor, or retailer to, and approved by, the bacco product package or advertisement in- cancer’’ Secretary. sert, or by any other means under the Fed- ‘‘WARNING: This product can cause gum dis- ‘‘(C) The Secretary shall review each plan eral Food, Drug, and Cosmetic Act (21 U.S.C. ease and tooth loss’’ submitted under subparagraph (B) and ap- 301 et seq.).’’. ‘‘WARNING: This product is not a safe alter- prove it if the plan— f native to cigarettes’’ ‘‘(i) will provide for the equal distribution ‘‘WARNING: Smokeless tobacco is addic- and display on packaging and the rotation AMENDMENTS SUBMITTED AND tive’’ required in advertising under this sub- PROPOSED ‘‘(2) Each label statement required by para- section; and SA 3847. Mr. LEAHY (for himself and Mr. graph (1) shall be— ‘‘(ii) assures that all of the labels required HATCH) proposed an amendment to the bill ‘‘(A) located on the 2 principal display pan- under this section will be displayed by the H.R. 3275, to implement the International els of the package, and each label statement tobacco product manufacturer, importer, Convention for the Suppression of Terrorist shall comprise at least 25 percent of each distributor, or retailer at the same time. Bombings to strengthen criminal laws relat- such display panel; and ‘‘(c) TELEVISION AND RADIO ADVERTISING.— ing to attacks on places of public use, to im- ‘‘(B) in 17-point conspicuous and legible It is unlawful to advertise smokeless tobacco plement the International Convention of the type and in black text on a white back- on any medium of electronic communica- Suppression of the Financing of Terrorism, ground, or white text on a black background, tions subject to the jurisdiction of the Fed- to combat terrorism and defend the Nation in a manner that contrasts by typography, eral Communications Commission.’’. against terrorist acts, and for other pur- layout, or color, with all other printed mate- SEC. 204. AUTHORITY TO REVISE SMOKELESS TO- poses. rial on the package, in an alternating fash- BACCO PRODUCT WARNING LABEL SA 3848. Mr. LEAHY (for himself and Mr. ion under the plan submitted under sub- STATEMENTS. HATCH) proposed an amendment to the bill S. section (b)(3), except that if the text of a Section 3 of, as amended by section 303 of 1770, supra. label statement would occupy more than 70 this title, is further amended by adding at SA 3849. Mr. REID (for Mr. WELLSTONE (for percent of the area specified by subparagraph the end the following: himself and Mr. GRAHAM)) proposed an ‘‘(d) AUTHORITY TO REVISE WARNING LABEL (A), such text may appear in a smaller type amendment to the bill S. Res. 283, recog- STATEMENTS.—The Secretary may, by a rule- size, so long as at least 60 percent of such nizing the successful completion of demo- warning area is occupied by the label state- making conducted under section 553 of title 5, United States Code, adjust the format, cratic elections in the Republic of Colombia. ment. Mr. LEAHY (for himself and ‘‘(3) The label statements required by para- type size, and text of any of the warning SA 3847. graph (1) shall be introduced by each tobacco label statements required by subsection (a) Mr. HATCH) proposed an amendment to product manufacturer, packager, importer, of this section, or establish the format, type the bill H.R. 3275, to implement the distributor, or retailer of smokeless tobacco size, and text of any other disclosures re- International Convention for the Sup- products concurrently into the distribution quired under the Federal Food, Drug, and pression of Terrorist Bombings to chain of such products. Cosmetic Act (21 U.S.C. 301 et seq.), if the strengthen criminal laws relating to ‘‘(4) The provisions of this subsection do Secretary finds that such a change would attacks on places of public use, to im- promote greater public understanding of the not apply to a tobacco product manufacturer plement the International Convention or distributor of any smokeless tobacco risks associated with the use of smokeless product that does not manufacture, package, tobacco products.’’. of the Suppression of the Financing of or import smokeless tobacco products for SEC. 205. TAR, NICOTINE, AND OTHER SMOKE Terrorism, to combat terrorism and de- sale or distribution within the United CONSTITUENT DISCLOSURE TO THE fend the Nation against terrorist acts, States. PUBLIC. and for other purposes; as follows: ‘‘(b) REQUIRED LABELS.— Section 4(a) of the Federal Cigarette La- Strike all after the enacting clause and in- ‘‘(1) It shall be unlawful for any tobacco beling and Advertising Act (15 U.S.C. 1333 sert the following: product manufacturer, packager, importer, (a)), as amended by section 301 of this title, TITLE I—SUPPRESSION OF TERRORIST distributor, or retailer of smokeless tobacco is further amended by adding at the end the BOMBINGS products to advertise or cause to be adver- following: tised within the United States any smoke- ‘‘(4)(A) The Secretary shall, by a rule- SEC. 101. SHORT TITLE. less tobacco product unless its advertising making conducted under section 553 of title This title may be cited as the ‘‘Terrorist bears, in accordance with the requirements 5, United States Code, determine (in the Sec- Bombings Convention Implementation Act of this section, one of the labels specified in retary’s sole discretion) whether cigarette of 2001’’. subsection (a). and other tobacco product manufacturers SEC. 102. BOMBING STATUTE. ‘‘(2) Each label statement required by sub- shall be required to include in the area of (a) OFFENSE.—Chapter 113B of title 18, section (a) in smokeless tobacco advertising each cigarette advertisement specified by United States Code, relating to terrorism, is shall comply with the standards set forth in subsection (b) of this section, or on the pack- amended by inserting after section 2332e the this paragraph. For press and poster adver- age label, or both, the tar and nicotine yields following: tisements, each such statement and (where of the advertised or packaged brand. Any ‘‘§ 2332f. Bombings of places of public use, applicable) any required statement relating such disclosure shall be in accordance with government facilities, public transportation to tar, nicotine, or other constituent yield the methodology established under such reg- systems and infrastructure facilities shall— ulations, shall conform to the type size re- ‘‘(a) OFFENSES.— ‘‘(A) comprise at least 20 percent of the quirements of subsection (b) of this section, ‘‘(1) IN GENERAL.—Whoever unlawfully de- area of the advertisement, and the warning and shall appear within the area specified in livers, places, discharges, or detonates an ex- area shall be delineated by a dividing line of subsection (b) of this section. plosive or other lethal device in, into, or contrasting color from the advertisement; ‘‘(B) Any differences between the require- against a place of public use, a state or gov- and ments established by the Secretary under ernment facility, a public transportation ‘‘(B) the word ‘‘WARNING’’ shall appear in subparagraph (A) and tar and nicotine yield system, or an infrastructure facility— capital letters and each label statement reporting requirements established by the ‘‘(A) with the intent to cause death or seri- shall appear in conspicuous and legible type. Federal Trade Commission shall be resolved ous bodily injury, or The text of the label statement shall be by a memorandum of understanding between ‘‘(B) with the intent to cause extensive de- black on a white background, or white on a the Secretary and the Federal Trade Com- struction of such a place, facility, or system, black background, in an alternating fashion mission. where such destruction results in or is likely under the plan submitted under paragraph ‘‘(C) In addition to the disclosures required to result in major economic loss, (3). by subparagraph (A) of this paragraph, the shall be punished as prescribed in subsection ‘‘(3)(A) The label statements specified in Secretary may, under a rulemaking con- (c). subsection (a)(1) shall be randomly displayed ducted under section 553 of title 5, United ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- in each 12-month period, in as equal a num- States Code, prescribe disclosure require- ever attempts or conspires to commit an of- ber of times as is possible on each brand of ments regarding the level of any cigarette or fense under paragraph (1) shall be punished the product and be randomly distributed in other tobacco product smoke constituent. as prescribed in subsection (c). all areas of the United States in which the Any such disclosure may be required if the ‘‘(b) JURISDICTION.—There is jurisdiction product is marketed in accordance with a Secretary determines that disclosure would over the offenses in subsection (a) if— plan submitted by the tobacco product man- be of benefit to the public health, or other- ‘‘(1) the offense takes place in the United ufacturer, importer, distributor, or retailer wise would increase consumer awareness of States and— and approved by the Secretary. the health consequences of the use of to- ‘‘(A) the offense is committed against an- ‘‘(B) The label statements specified in sub- bacco products, except that no such pre- other state or a government facility of such section (a)(1) shall be rotated quarterly in al- scribed disclosure shall be required on the state, including its embassy or other diplo- ternating sequence in advertisements for face of any cigarette package or advertise- matic or consular premises of that state; each brand of smokeless tobacco product in ment. Nothing in this section shall prohibit ‘‘(B) the offense is committed in an at- accordance with a plan submitted by the to- the Secretary from requiring such prescribed tempt to compel another state or the United bacco product manufacturer, importer, dis- disclosure through a cigarette or other to- States to do or abstain from doing any act;

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.030 pfrm04 PsN: S14PT1 S5614 CONGRESSIONAL RECORD — SENATE June 14, 2002 ‘‘(C) at the time the offense is committed, ‘‘(6) ‘place of public use’ means those parts ‘‘(B) any other act intended to cause death it is committed— of any building, land, street, waterway, or or serious bodily injury to a civilian, or to ‘‘(i) on board a vessel flying the flag of another location that are accessible or open to any other person not taking an active part other state; members of the public, whether continu- in the hostilities in a situation of armed con- ‘‘(ii) on board an aircraft which is reg- ously, periodically, or occasionally, and en- flict, when the purpose of such act, by its na- istered under the laws of another state; or compasses any commercial, business, culture or context, is to intimidate a popu- ‘‘(iii) on board an aircraft which is oper- tural, historical, educational, religious, gov- lation, or to compel a government or an ated by the government of another state; ernmental, entertainment, recreational, or international organization to do or to ab- ‘‘(D) a perpetrator is found outside the similar place that is so accessible or open to stain from doing any act, United States; the public; shall be punished as prescribed in subsection ‘‘(E) a perpetrator is a national of another ‘‘(7) ‘public transportation system’ means (d)(1). all facilities, conveyances, and instrumental- state or a stateless person; or ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- ‘‘(F) a victim is a national of another state ities, whether publicly or privately owned, ever attempts or conspires to commit an of- or a stateless person; that are used in or for publicly available fense under paragraph (1) shall be punished ‘‘(2) the offense takes place outside the services for the transportation of persons or as prescribed in subsection (d)(1). cargo; United States and— ‘‘(3) RELATIONSHIP TO PREDICATE ACT.—For ‘‘(8) ‘explosive’ has the meaning given in ‘‘(A) a perpetrator is a national of the an act to constitute an offense set forth in section 844(j) of this title insofar that it is United States or is a stateless person whose this subsection, it shall not be necessary designed, or has the capability, to cause habitual residence is in the United States; that the funds were actually used to carry death, serious bodily injury, or substantial ‘‘(B) a victim is a national of the United out a predicate act. material damage; States; ‘‘(b) JURISDICTION.—There is jurisdiction ‘‘(9) ‘other lethal device’ means any weap- ‘‘(C) a perpetrator is found in the United over the offenses in subsection (a) in the fol- on or device that is designed or has the capa- States; lowing circumstances— bility to cause death, serious bodily injury, ‘‘(D) the offense is committed in an at- ‘‘(1) the offense takes place in the United or substantial damage to property through tempt to compel the United States to do or States and— the release, dissemination, or impact of abstain from doing any act; ‘‘(A) a perpetrator was a national of an- ‘‘(E) the offense is committed against a toxic chemicals, biological agents, or toxins (as those terms are defined in section 178 of other state or a stateless person; state or government facility of the United ‘‘(B) on board a vessel flying the flag of an- States, including an embassy or other diplo- this title) or radiation or radioactive material; other state or an aircraft which is registered matic or consular premises of the United under the laws of another state at the time States; ‘‘(10) ‘military forces of a state’ means the armed forces of a state which are organized, the offense is committed; ‘‘(F) the offense is committed on board a ‘‘(C) on board an aircraft which is operated vessel flying the flag of the United States or trained, and equipped under its internal law for the primary purpose of national defense by the government of another state; an aircraft which is registered under the ‘‘(D) a perpetrator is found outside the laws of the United States at the time the of- or security, and persons acting in support of those armed forces who are under their for- United States; fense is committed; or ‘‘(E) was directed toward or resulted in the ‘‘(G) the offense is committed on board an mal command, control, and responsibility; ‘‘(11) ‘armed conflict’ does not include in- carrying out of a predicate act against— aircraft which is operated by the United ‘‘(i) a national of another state; or States. ternal disturbances and tensions, such as riots, isolated and sporadic acts of violence, ‘‘(ii) another state or a government facility ‘‘(c) PENALTIES.—Whoever violates this and other acts of a similar nature; and of such state, including its embassy or other section shall be punished as provided under diplomatic or consular premises of that section 2332a(a) of this title. ‘‘(12) ‘state’ has the same meaning as that term has under international law, and in- state; ‘‘(d) EXEMPTIONS TO JURISDICTION.—This cludes all political subdivisions thereof.’’. ‘‘(F) was directed toward or resulted in the section does not apply to— (b) CLERICAL AMENDMENT.—The table of carrying out of a predicate act committed in ‘‘(1) the activities of armed forces during sections at the beginning of chapter 113B of an attempt to compel another state or inter- an armed conflict, as those terms are under- title 18, United States Code, is amended by national organization to do or abstain from stood under the law of war, which are gov- inserting after section 2332e the following: doing any act; or erned by that law, ‘‘2332f. Bombings of places of public use, gov- ‘‘(G) was directed toward or resulted in the ‘‘(2) activities undertaken by military ernment facilities, public trans- carrying out of a predicate act— forces of a state in the exercise of their offi- portation systems and infra- ‘‘(i) outside the United States; or cial duties; or structure facilities.’’. ‘‘(ii) within the United States, and either ‘‘(3) offenses committed within the United the offense or the predicate act was con- (c) DISCLAIMER.—Nothing contained in this States, where the alleged offender and the ducted in, or the results thereof affected, section is intended to affect the applicability victims are United States citizens and the interstate or foreign commerce; of any other Federal or State law which alleged offender is found in the United ‘‘(2) the offense takes place outside the might pertain to the underlying conduct. States, or where jurisdiction is predicated United States and— solely on the nationality of the victims or SEC. 103. EFFECTIVE DATE. ‘‘(A) a perpetrator is a national of the Section 102 shall take effect on the date the alleged offender and the offense has no United States or is a stateless person whose that the International Convention for the substantial effect on interstate or foreign habitual residence is in the United States; Suppression of Terrorist Bombings enters commerce. ‘‘(B) a perpetrator is found in the United into force for the United States. ‘‘(e) DEFINITIONS.—As used in this section, States; or the term— TITLE II—SUPPRESSION OF THE ‘‘(C) was directed toward or resulted in the ‘‘(1) ‘serious bodily injury’ has the meaning FINANCING OF TERRORISM carrying out of a predicate act against— given that term in section 1365(g)(3) of this SEC. 201. SHORT TITLE. ‘‘(i) any property that is owned, leased, or title; This title may be cited as the ‘‘Suppression used by the United States or by any depart- ‘‘(2) ‘national of the United States’ has the of the Financing of Terrorism Convention ment or agency of the United States, includ- meaning given that term in section 101(a)(22) Implementation Act of 2001’’. ing an embassy or other diplomatic or con- of the Immigration and Nationality Act (8 SEC. 202. TERRORISM FINANCING STATUTE. sular premises of the United States; U.S.C. 1101(a)(22)); (a) IN GENERAL.—Chapter 113B of title 18, ‘‘(ii) any person or property within the ‘‘(3) ‘state or government facility’ includes United States Code, relating to terrorism, is United States; any permanent or temporary facility or con- amended by adding at the end thereof the ‘‘(iii) any national of the United States or veyance that is used or occupied by rep- following new section: the property of such national; or resentatives of a state, members of Govern- ‘‘§ 2339C. Prohibitions against the financing ‘‘(iv) any property of any legal entity orga- ment, the legislature or the judiciary or by of terrorism nized under the laws of the United States, in- officials or employees of a state or any other ‘‘(a) OFFENSES.— cluding any of its States, districts, common- public authority or entity or by employees ‘‘(1) IN GENERAL.—Whoever, in a cir- wealths, territories, or possessions; or officials of an intergovernmental organi- cumstance described in subsection (c), by ‘‘(3) the offense is committed on board a zation in connection with their official du- any means, directly or indirectly, unlawfully vessel flying the flag of the United States or ties; and willfully provides or collects funds with an aircraft which is registered under the ‘‘(4) ‘intergovernmental organization’ in- the intention that such funds be used, or laws of the United States at the time the of- cludes international organization (as defined with the knowledge that such funds are to be fense is committed; in section 1116(b)(5) of this title); used, in full or in part, in order to carry ‘‘(4) the offense is committed on board an ‘‘(5) ‘infrastructure facility’ means any out— aircraft which is operated by the United publicly or privately owned facility pro- ‘‘(A) an act which constitutes an offense States; or viding or distributing services for the benefit within the scope of a treaty specified in sub- ‘‘(5) the offense was directed toward or re- of the public, such as water, sewage, energy, section (e)(7), as implemented by the United sulted in the carrying out of a predicate act fuel, or communications; States, or committed in an attempt to compel the

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.031 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5615

United States to do or abstain from doing Civil Aviation, done at Montreal on Feb- (c) PROVIDING MATERIAL SUPPORT TO TER- any act. ruary 24, 1988; RORISTS PREDICATE.—Section 2339A of title ‘‘(c) CONCEALMENT.—Whoever— ‘‘(G) the Convention for the Suppression of 18, United States Code, is amended by insert- ‘‘(1)(A) is in the United States; or Unlawful Acts against the Safety of Mari- ing ‘‘2332f,’’ before ‘‘or 2340A’’. ‘‘(B) is outside the United States and is a time Navigation, done at Rome on March 10, (d) FORFEITURE OF FUNDS, PROCEEDS, AND national of the United States or a legal enti- 1988; INSTRUMENTALITIES.—Section 981(a)(1) of ty organized under the laws of the United ‘‘(H) the Protocol for the Suppression of title 18, United States Code, is amended by States (including any of its States, districts, Unlawful Acts against the Safety of Fixed adding at the end the following: commonwealths, territories, or possessions); Platforms located on the Continental Shelf, ‘‘(H) Any property, real or personal, in- and done at Rome on March 10, 1988; or volved in a violation or attempted violation, ‘‘(2) knowingly conceals or disguises the ‘‘(I) the International Convention for the or which constitutes or is derived from pro- nature, location, source, ownership, or con- Suppression of Terrorist Bombings, adopted ceeds traceable to a violation, of section trol of any material support, resources, or by the General Assembly of the United Na- 2339C of this title.’’. funds— tions on December 15, 1997; ‘‘(A) knowing or intending that the support ‘‘(8) the term ‘intergovernmental organiza- SA 3848. Mr. LEAHY (for himself and or resources were provided in violation of tion’ includes international organizations; Mr. HATCH) proposed an amendment to section 2339B of this title; or ‘‘(9) the term ‘international organization’ the bill S. 1770, to implement the Inter- ‘‘(B) knowing or intending that any such has the same meaning as in section 1116(b)(5) national Convention for the Suppres- funds or any proceeds of such funds were proof this title; sion of Terrorist Bombings to strength- vided or collected in violation of subsection ‘‘(10) the term ‘armed conflict’ does not in- en criminal laws relating to attacks on (a); clude internal disturbances and tensions, places of public use, to implement the such as riots, isolated and sporadic acts of shall be punished as prescribed in subsection violence, and other acts of a similar nature; International Convention of the Sup- (d)(2). ‘‘(11) the term ‘serious bodily injury’ has pression of the Financing of Terrorism, ‘‘(d) PENALTIES.— the same meaning as in section 1365(g)(3) of to combat terrorism and defend the Na- ‘‘(1) SUBSECTION (A).—Whoever violates sub- this title; tion against terrorist acts, and for section (a) shall be fined under this title, im- ‘‘(12) the term ‘national of the United other purposes; as follows: prisoned for not more than 20 years, or both. States’ has the meaning given that term in Strike all after the enacting clause and in- ‘‘(2) SUBSECTION (C).—Whoever violates subsection 101(a)(22) of the Immigration and Na- section (c) shall be fined under this title, im- sert the following: tionality Act (8 U.S.C. 1101(a)(22)); and prisoned for not more than 10 years, or both. TITLE I—SUPPRESSION OF TERRORIST ‘‘(13) the term ‘state’ has the same mean- ‘‘(e) DEFINITIONS.—In this section— BOMBINGS ing as that term has under international ‘‘(1) the term ‘funds’ means assets of every SEC. 101. SHORT TITLE. law, and includes all political subdivisions kind, whether tangible or intangible, mov- This title may be cited as the ‘‘Terrorist thereof. Bombings Convention Implementation Act able or immovable, however acquired, and ‘‘(f) CIVIL PENALTY.—In addition to any of 2001’’. legal documents or instruments in any form, other criminal, civil, or administrative li- including electronic or digital, evidencing ability or penalty, any legal entity located SEC. 102. BOMBING STATUTE. title to, or interest in, such assets, including within the United States or organized under (a) OFFENSE.—Chapter 113B of title 18, coin, currency, bank credits, travelers the laws of the United States, including any United States Code, relating to terrorism, is checks, bank checks, money orders, shares, of the laws of its States, districts, common- amended by inserting after section 2332e the securities, bonds, drafts, and letters of cred- wealths, territories, or possessions, shall be following: it; liable to the United States for the sum of at ‘‘§ 2332f. Bombings of places of public use, ‘‘(2) the term ‘government facility’ means least $10,000, if a person responsible for the government facilities, public transportation any permanent or temporary facility or con- management or control of that legal entity systems and infrastructure facilities veyance that is used or occupied by rep- has, in that capacity, committed an offense ‘‘(a) OFFENSES.— resentatives of a state, members of a govern- set forth in subsection (a).’’. ‘‘(1) IN GENERAL.—Whoever unlawfully de- ment, the legislature, or the judiciary, or by (b) CLERICAL AMENDMENT.—The table of livers, places, discharges, or detonates an ex- officials or employees of a state or any other sections at the beginning of chapter 113B of plosive or other lethal device in, into, or public authority or entity or by employees title 18, United States Code, is amended by against a place of public use, a state or gov- or officials of an intergovernmental organi- adding at the end thereof the following: ernment facility, a public transportation zation in connection with their official du- ‘‘2339C. Prohibitions against the financing of system, or an infrastructure facility— ties; terrorism.’’. ‘‘(A) with the intent to cause death or seri- ‘‘(3) the term ‘proceeds’ means any funds (c) DISCLAIMER.—Nothing contained in this ous bodily injury, or derived from or obtained, directly or indi- section is intended to affect the scope or ap- ‘‘(B) with the intent to cause extensive de- rectly, through the commission of an offense plicability of any other Federal or State law. struction of such a place, facility, or system, set forth in subsection (a); SEC. 203. EFFECTIVE DATE. where such destruction results in or is likely ‘‘(4) the term ‘provides’ includes giving, do- Except for paragraphs (1)(D) and (2)(B) of to result in major economic loss, nating, and transmitting; section 2339C(b) of title 18, United States shall be punished as prescribed in subsection ‘‘(5) the term ‘collects’ includes raising and Code, which shall become effective on the (c). receiving; date that the International Convention for ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- ‘‘(6) the term ‘predicate act’ means any act the Suppression of the Financing of Ter- ever attempts or conspires to commit an of- referred to in subparagraph (A) or (B) of sub- rorism enters into force for the United fense under paragraph (1) shall be punished section (a)(1); States, and for the provisions of section as prescribed in subsection (c). ‘‘(7) the term ‘treaty’ means— 2339C(e)(7)(I) of title 18, United States Code, ‘‘(b) JURISDICTION.—There is jurisdiction ‘‘(A) the Convention for the Suppression of which shall become effective on the date over the offenses in subsection (a) if— Unlawful Seizure of Aircraft, done at The that the International Convention for the ‘‘(1) the offense takes place in the United Hague on December 16, 1970; Suppression of Terrorist Bombing enters States and— ‘‘(B) the Convention for the Suppression of into force for the United States, section 202 ‘‘(A) the offense is committed against an- Unlawful Acts against the Safety of Civil shall take effect on the date of enactment of other state or a government facility of such Aviation, done at Montreal on September 23, this Act. state, including its embassy or other diplo- 1971; TITLE III—ANCILLARY MEASURES matic or consular premises of that state; ‘‘(C) the Convention on the Prevention and SEC. 301. ANCILLARY MEASURES. ‘‘(B) the offense is committed in an at- Punishment of Crimes against Internation- (a) WIRETAP PREDICATES.—Section tempt to compel another state or the United ally Protected Persons, including Diplomatic 2516(1)(q) of title 18, United States Code, is States to do or abstain from doing any act; Agents, adopted by the General Assembly of amended by— ‘‘(C) at the time the offense is committed, the United Nations on December 14, 1973; (1) inserting ‘‘2332f,’’ after ‘‘2332d,’’; and it is committed— ‘‘(D) the International Convention against (2) striking ‘‘or 2339B’’ and inserting ‘‘(i) on board a vessel flying the flag of an- the Taking of Hostages, adopted by the Gen- ‘‘2339B, or 2339C’’. other state; eral Assembly of the United Nations on De- (b) FEDERAL CRIME OF TERRORISM.—Section ‘‘(ii) on board an aircraft which is reg- cember 17, 1979; 2332b(g)(5)(B) of title 18, United States Code, istered under the laws of another state; or ‘‘(E) the Convention on the Physical Pro- is amended by— ‘‘(iii) on board an aircraft which is oper- tection of Nuclear Material, adopted at Vi- (1) inserting ‘‘2332f (relating to bombing of ated by the government of another state; enna on March 3, 1980; public places and facilities),’’ after ‘‘2332b ‘‘(D) a perpetrator is found outside the ‘‘(F) the Protocol for the Suppression of (relating to acts of terrorism transcending United States; Unlawful Acts of Violence at Airports Serv- national boundaries),’’; and ‘‘(E) a perpetrator is a national of another ing International Civil Aviation, supple- (2) inserting ‘‘2339C (relating to financing state or a stateless person; or mentary to the Convention for the Suppres- of terrorism,’’ before ‘‘or 2340A (relating to ‘‘(F) a victim is a national of another state sion of Unlawful Acts against the Safety of torture)’’. or a stateless person;

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.031 pfrm04 PsN: S14PT1 S5616 CONGRESSIONAL RECORD — SENATE June 14, 2002 ‘‘(2) the offense takes place outside the services for the transportation of persons or fense under paragraph (1) shall be punished United States and— cargo; as prescribed in subsection (d)(1). ‘‘(A) a perpetrator is a national of the ‘‘(8) ‘explosive’ has the meaning given in ‘‘(3) RELATIONSHIP TO PREDICATE ACT.—For United States or is a stateless person whose section 844(j) of this title insofar that it is an act to constitute an offense set forth in habitual residence is in the United States; designed, or has the capability, to cause this subsection, it shall not be necessary ‘‘(B) a victim is a national of the United death, serious bodily injury, or substantial that the funds were actually used to carry States; material damage; out a predicate act. ‘‘(C) a perpetrator is found in the United ‘‘(9) ‘other lethal device’ means any weap- ‘‘(b) JURISDICTION.—There is jurisdiction States; on or device that is designed or has the capa- over the offenses in subsection (a) in the fol- ‘‘(D) the offense is committed in an at- bility to cause death, serious bodily injury, lowing circumstances— tempt to compel the United States to do or or substantial damage to property through ‘‘(1) the offense takes place in the United abstain from doing any act; the release, dissemination, or impact of States and— ‘‘(E) the offense is committed against a toxic chemicals, biological agents, or toxins ‘‘(A) a perpetrator was a national of an- state or government facility of the United (as those terms are defined in section 178 of other state or a stateless person; States, including an embassy or other diplo- this title) or radiation or radioactive mate- ‘‘(B) on board a vessel flying the flag of an- matic or consular premises of the United rial; other state or an aircraft which is registered States; ‘‘(10) ‘military forces of a state’ means the under the laws of another state at the time ‘‘(F) the offense is committed on board a armed forces of a state which are organized, the offense is committed; vessel flying the flag of the United States or trained, and equipped under its internal law ‘‘(C) on board an aircraft which is operated an aircraft which is registered under the for the primary purpose of national defense by the government of another state; laws of the United States at the time the of- or security, and persons acting in support of ‘‘(D) a perpetrator is found outside the fense is committed; or those armed forces who are under their for- United States; ‘‘(G) the offense is committed on board an mal command, control, and responsibility; ‘‘(E) was directed toward or resulted in the aircraft which is operated by the United ‘‘(11) ‘armed conflict’ does not include in- carrying out of a predicate act against— States. ternal disturbances and tensions, such as ‘‘(i) a national of another state; or ‘‘(ii) another state or a government facility ‘‘(c) PENALTIES.—Whoever violates this riots, isolated and sporadic acts of violence, of such state, including its embassy or other section shall be punished as provided under and other acts of a similar nature; and diplomatic or consular premises of that section 2332a(a) of this title. ‘‘(12) ‘state’ has the same meaning as that state; term has under international law, and in- ‘‘(d) EXEMPTIONS TO JURISDICTION.—This ‘‘(F) was directed toward or resulted in the cludes all political subdivisions thereof.’’. section does not apply to— carrying out of a predicate act committed in (b) CLERICAL AMENDMENT.—The table of ‘‘(1) the activities of armed forces during an attempt to compel another state or inter- an armed conflict, as those terms are under- sections at the beginning of chapter 113B of title 18, United States Code, is amended by national organization to do or abstain from stood under the law of war, which are gov- doing any act; or inserting after section 2332e the following: erned by that law, ‘‘(G) was directed toward or resulted in the ‘‘(2) activities undertaken by military ‘‘2332f. Bombings of places of public use, gov- carrying out of a predicate act— forces of a state in the exercise of their offi- ernment facilities, public trans- ‘‘(i) outside the United States; or cial duties; or portation systems and infra- ‘‘(ii) within the United States, and either ‘‘(3) offenses committed within the United structure facilities.’’. the offense or the predicate act was con- States, where the alleged offender and the (c) DISCLAIMER.—Nothing contained in this ducted in, or the results thereof affected, victims are United States citizens and the section is intended to affect the applicability interstate or foreign commerce; alleged offender is found in the United of any other Federal or State law which ‘‘(2) the offense takes place outside the States, or where jurisdiction is predicated might pertain to the underlying conduct. United States and— solely on the nationality of the victims or SEC. 103. EFFECTIVE DATE. ‘‘(A) a perpetrator is a national of the the alleged offender and the offense has no Section 102 shall take effect on the date United States or is a stateless person whose substantial effect on interstate or foreign that the International Convention for the habitual residence is in the United States; commerce. Suppression of Terrorist Bombings enters ‘‘(B) a perpetrator is found in the United ‘‘(e) DEFINITIONS.—As used in this section, into force for the United States. States; or the term— TITLE II—SUPPRESSION OF THE ‘‘(C) was directed toward or resulted in the ‘‘(1) ‘serious bodily injury’ has the meaning FINANCING OF TERRORISM carrying out of a predicate act against— given that term in section 1365(g)(3) of this ‘‘(i) any property that is owned, leased, or SEC. 201. SHORT TITLE. title; This title may be cited as the ‘‘Suppression used by the United States or by any depart- ‘‘(2) ‘national of the United States’ has the of the Financing of Terrorism Convention ment or agency of the United States, includ- meaning given that term in section 101(a)(22) Implementation Act of 2001’’. ing an embassy or other diplomatic or con- of the Immigration and Nationality Act (8 sular premises of the United States; SEC. 202. TERRORISM FINANCING STATUTE. U.S.C. 1101(a)(22)); ‘‘(ii) any person or property within the (a) IN GENERAL.—Chapter 113B of title 18, ‘‘(3) ‘state or government facility’ includes United States; United States Code, relating to terrorism, is any permanent or temporary facility or con- ‘‘(iii) any national of the United States or amended by adding at the end thereof the veyance that is used or occupied by rep- the property of such national; or following new section: resentatives of a state, members of Govern- ‘‘(iv) any property of any legal entity orga- ment, the legislature or the judiciary or by ‘‘§ 2339C. Prohibitions against the financing nized under the laws of the United States, in- officials or employees of a state or any other of terrorism cluding any of its States, districts, common- public authority or entity or by employees ‘‘(a) OFFENSES.— wealths, territories, or possessions; or officials of an intergovernmental organi- ‘‘(1) IN GENERAL.—Whoever, in a cir- ‘‘(3) the offense is committed on board a zation in connection with their official du- cumstance described in subsection (c), by vessel flying the flag of the United States or ties; any means, directly or indirectly, unlawfully an aircraft which is registered under the ‘‘(4) ‘intergovernmental organization’ in- and willfully provides or collects funds with laws of the United States at the time the of- cludes international organization (as defined the intention that such funds be used, or fense is committed; in section 1116(b)(5) of this title); with the knowledge that such funds are to be ‘‘(4) the offense is committed on board an ‘‘(5) ‘infrastructure facility’ means any used, in full or in part, in order to carry aircraft which is operated by the United publicly or privately owned facility pro- out— States; or viding or distributing services for the benefit ‘‘(A) an act which constitutes an offense ‘‘(5) the offense was directed toward or re- of the public, such as water, sewage, energy, within the scope of a treaty specified in sub- sulted in the carrying out of a predicate act fuel, or communications; section (e)(7), as implemented by the United committed in an attempt to compel the ‘‘(6) ‘place of public use’ means those parts States, or United States to do or abstain from doing of any building, land, street, waterway, or ‘‘(B) any other act intended to cause death any act. other location that are accessible or open to or serious bodily injury to a civilian, or to ‘‘(c) CONCEALMENT.—Whoever— members of the public, whether continu- any other person not taking an active part ‘‘(1)(A) is in the United States; or ously, periodically, or occasionally, and en- in the hostilities in a situation of armed con- ‘‘(B) is outside the United States and is a compasses any commercial, business, cul- flict, when the purpose of such act, by its na- national of the United States or a legal enti- tural, historical, educational, religious, gov- ture or context, is to intimidate a popu- ty organized under the laws of the United ernmental, entertainment, recreational, or lation, or to compel a government or an States (including any of its States, districts, similar place that is so accessible or open to international organization to do or to ab- commonwealths, territories, or possessions); the public; stain from doing any act, and ‘‘(7) ‘public transportation system’ means shall be punished as prescribed in subsection ‘‘(2) knowingly conceals or disguises the all facilities, conveyances, and instrumental- (d)(1). nature, location, source, ownership, or con- ities, whether publicly or privately owned, ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- trol of any material support, resources, or that are used in or for publicly available ever attempts or conspires to commit an of- funds—

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.040 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5617 ‘‘(A) knowing or intending that the support ‘‘(8) the term ‘intergovernmental organiza- SA 3849. Mr. REID (for Mr. or resources were provided in violation of tion’ includes international organizations; WELLSTONE (for himself and Mr. section 2339B of this title; or ‘‘(9) the term ‘international organization’ GRAHAM)) proposed an amendment to ‘‘(B) knowing or intending that any such has the same meaning as in section 1116(b)(5) the bill S. Res. 283, recognizing the suc- funds or any proceeds of such funds were proof this title; vided or collected in violation of subsection ‘‘(10) the term ‘armed conflict’ does not in- cessful completion of democratic elec- (a); clude internal disturbances and tensions, tions in the Republic of Colombia; as shall be punished as prescribed in subsection such as riots, isolated and sporadic acts of follows: (d)(2). violence, and other acts of a similar nature; On page 2, line 8, strike ‘‘their continuing’’ ‘‘(d) PENALTIES.— ‘‘(11) the term ‘serious bodily injury’ has and insert ‘‘encourages their’’. ‘‘(1) SUBSECTION (A).—Whoever violates sub- the same meaning as in section 1365(g)(3) of On page 3, line 18, strike ‘‘to continue’’. section (a) shall be fined under this title, im- this title; f prisoned for not more than 20 years, or both. ‘‘(12) the term ‘national of the United ‘‘(2) SUBSECTION (C).—Whoever violates sub- States’ has the meaning given that term in AUTHORITY FOR COMMITTEES TO section (c) shall be fined under this title, im- section 101(a)(22) of the Immigration and Na- MEET prisoned for not more than 10 years, or both. tionality Act (8 U.S.C. 1101(a)(22)); and SUBCOMMITTEE ON CHILDREN AND FAMILIES ‘‘(e) DEFINITIONS.—In this section— ‘‘(13) the term ‘state’ has the same mean- ‘‘(1) the term ‘funds’ means assets of every ing as that term has under international Mrs. FEINSTEIN. Mr. President, I kind, whether tangible or intangible, mov- law, and includes all political subdivisions ask unanimous consent that the Com- able or immovable, however acquired, and thereof. mittee on Health, Education, Labor, legal documents or instruments in any form, ‘‘(f) CIVIL PENALTY.—In addition to any and Pensions, Subcommittee on Chil- including electronic or digital, evidencing other criminal, civil, or administrative li- dren and Families, be authorized to title to, or interest in, such assets, including ability or penalty, any legal entity located meet for a hearing on ‘‘Newborn coin, currency, bank credits, travelers within the United States or organized under the laws of the United States, including any Screening: Increasing Options and checks, bank checks, money orders, shares, Awareness,’’ during the session of the securities, bonds, drafts, and letters of cred- of the laws of its States, districts, common- it; wealths, territories, or possessions, shall be Senate on Friday, June 14, 2002, at 9:30 ‘‘(2) the term ‘government facility’ means liable to the United States for the sum of at a.m. any permanent or temporary facility or con- least $10,000, if a person responsible for the The PRESIDING OFFICER. Without veyance that is used or occupied by rep- management or control of that legal entity objection, it is so ordered. has, in that capacity, committed an offense resentatives of a state, members of a govern- f ment, the legislature, or the judiciary, or by set forth in subsection (a).’’. (b) CLERICAL AMENDMENT.—The table of officials or employees of a state or any other PRIVILEGE OF THE FLOOR sections at the beginning of chapter 113B of public authority or entity or by employees title 18, United States Code, is amended by Mr. LEAHY. Madam President, I ask or officials of an intergovernmental organi- adding at the end thereof the following: unanimous consent that Steven zation in connection with their official du- Dettelbach, a detailee to the Judiciary ties; ‘‘2339C. Prohibitions against the financing of ‘‘(3) the term ‘proceeds’ means any funds terrorism.’’. Committee, be granted the privilege of derived from or obtained, directly or indi- (c) DISCLAIMER.—Nothing contained in this the floor during consideration of the rectly, through the commission of an offense section is intended to affect the scope or ap- pending matter. set forth in subsection (a); plicability of any other Federal or State law. The ACTING PRESIDENT pro tem- ‘‘(4) the term ‘provides’ includes giving, do- SEC. 203. EFFECTIVE DATE. pore. Without objection, it is so or- nating, and transmitting; Except for paragraphs (1)(D) and (2)(B) of dered. ‘‘(5) the term ‘collects’ includes raising and section 2339C(b) of title 18, United States receiving; Code, which shall become effective on the f ‘‘(6) the term ‘predicate act’ means any act date that the International Convention for RECOGNIZING SUCCESSFUL COM- referred to in subparagraph (A) or (B) of sub- the Suppression of the Financing of Ter- PLETION OF DEMOCRATIC ELEC- section (a)(1); rorism enters into force for the United TIONS IN THE REPUBLIC OF CO- States, and for the provisions of section ‘‘(7) the term ‘treaty’ means— LOMBIA ‘‘(A) the Convention for the Suppression of 2339C(e)(7)(I) of title 18, United States Code, Unlawful Seizure of Aircraft, done at The which shall become effective on the date Mr. REID. Madam President, I ask Hague on December 16, 1970; that the International Convention for the unanimous consent that the Senate ‘‘(B) the Convention for the Suppression of Suppression of Terrorist Bombing enters proceed to Calendar No. 420, S. Res. 283. Unlawful Acts against the Safety of Civil into force for the United States, section 202 The PRESIDING OFFICER. The shall take effect on the date of enactment of Aviation, done at Montreal on September 23, clerk will report the resolution by 1971; this Act. title. ‘‘(C) the Convention on the Prevention and TITLE III—ANCILLARY MEASURES The legislative clerk read as follows: Punishment of Crimes against Internation- SEC. 301. ANCILLARY MEASURES. ally Protected Persons, including Diplomatic (a) WIRETAP PREDICATES.—Section A resolution (S. Res. 283) recognizing the Agents, adopted by the General Assembly of 2516(1)(q) of title 18, United States Code, is successful completion of democratic elec- the United Nations on December 14, 1973; amended by— tions in the Republic of Colombia. ‘‘(D) the International Convention against (1) inserting ‘‘2332f,’’ after ‘‘2332d,’’; and There being no objection, the Senate the Taking of Hostages, adopted by the Gen- (2) striking ‘‘or 2339B’’ and inserting proceeded to consider the resolution. eral Assembly of the United Nations on De- ‘‘2339B, or 2339C’’. Mr. REID. Madam President, I ask cember 17, 1979; (b) FEDERAL CRIME OF TERRORISM.—Section ‘‘(E) the Convention on the Physical Pro- 2332b(g)(5)(B) of title 18, United States Code, unanimous consent that the Wellstone tection of Nuclear Material, adopted at Vi- is amended by— amendment, which is at the desk, be enna on March 3, 1980; (1) inserting ‘‘2332f (relating to bombing of agreed to; that the resolution, as ‘‘(F) the Protocol for the Suppression of public places and facilities),’’ after ‘‘2332b amended, be agreed to; that the pre- Unlawful Acts of Violence at Airports Serv- (relating to acts of terrorism transcending amble be agreed to; that the motion to ing International Civil Aviation, supple- national boundaries),’’; and reconsider be laid upon the table; and mentary to the Convention for the Suppres- (2) inserting ‘‘2339C (relating to financing that any statements relating to the sion of Unlawful Acts against the Safety of of terrorism,’’ before ‘‘or 2340A (relating to resolution be printed in the RECORD. Civil Aviation, done at Montreal on Feb- torture)’’. ruary 24, 1988; (c) PROVIDING MATERIAL SUPPORT TO TER- The PRESIDING OFFICER. Without ‘‘(G) the Convention for the Suppression of RORISTS PREDICATE.—Section 2339A of title objection, it is so ordered. Unlawful Acts against the Safety of Mari- 18, United States Code, is amended by insert- The amendment (No. 3849) was agreed time Navigation, done at Rome on March 10, ing ‘‘2332f,’’ before ‘‘or 2340A’’. to, as follows: 1988; (d) FORFEITURE OF FUNDS, PROCEEDS, AND On page 2, line 8, strike ‘‘their continuing’’ ‘‘(H) the Protocol for the Suppression of INSTRUMENTALITIES.—Section 981(a)(1) of and insert ‘‘encourages their’’. Unlawful Acts against the Safety of Fixed title 18, United States Code, is amended by On page 3, line 18, strike ‘‘to continue’’. Platforms located on the Continental Shelf, adding at the end the following: The resolution (S. Res. 283), as done at Rome on March 10, 1988; or ‘‘(H) Any property, real or personal, in- ‘‘(I) the International Convention for the volved in a violation or attempted violation, amended, was agreed to. Suppression of Terrorist Bombings, adopted or which constitutes or is derived from pro- The preamble was agreed to. by the General Assembly of the United Na- ceeds traceable to a violation, of section The resolution, with its preamble, tions on December 15, 1997; 2339C of this title.’’. reads as follows:

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.040 pfrm04 PsN: S14PT1 S5618 CONGRESSIONAL RECORD — SENATE June 14, 2002 S. RES. 283 ments and the introduction of legisla- white; that the Union be 13 stars, white in a Whereas on May 26, 2002, the Republic of tion. blue field, representing a new constellation. Colombia successfully completed democratic The PRESIDING OFFICER. Without Thus, was our national flag estab- multiparty elections for President and Vice objection, it is so ordered. lished. The last phrase ‘‘representing a President; new constellation’’ carries tremendous f Whereas these elections were deemed by weight in just four words. The new international and domestic observers, in- ORDERS FOR MONDAY, JUNE 17, United States of America was truly a cluding the United Nations and the Organi- zation of American States, to be free, fair, AND TUESDAY, JUNE 18, 2002 new constellation in the firmament of and a legitimate nonviolent expression of the Mr. REID. Madam President, I ask nation states, and it blazes just as will of the people of the Republic of Colom- unanimous consent that when the Sen- brightly today, 225 years later. bia; ate completes its business today, it ad- The poet, Joseph Rodman Drake, said Whereas the United States has consist- journ until the hour of 2 p.m. on Mon- it best, in the ‘‘American Flag.’’ ently supported the efforts of the people of day, June 17; that following the prayer When freedom from her mountain height the Republic of Colombia to strengthen and Unfurled her standard to the air, continue their democracy; and the pledge, the Journal of proceedings be approved to date, the She tore the azure robe of night, Whereas the Senate notes the courage of And set the stars of glory there. the millions of citizens of the Republic of Co- morning hour be deemed expired, the She mingled with its gorgeous dyes lombia that turned out to vote in order to time for the two leaders be reserved for The milky baldric of the skies. freely and directly express their opinion; and their use later in the day, and the Sen- Then from his mansion in the sun Whereas these open, fair, and democratic ate resume consideration of the ter- She called her eagle bearer down, elections of the new President and Vice rorism insurance bill; that when the And gave into his mighty hand President of the Republic of Colombia, and The symbol of her chosen land. the speedy posting of election results, should Senate completes its business on Mon- be broadly commended: Now, therefore, be it day, it stand in adjournment until So our flag, our standard, is known Resolved, That the Senate— Tuesday, June 18, at 9:30 a.m.; that fol- throughout the world and beyond. No (1) congratulates the government and the lowing the prayer and pledge, the Jour- other flag flies on the face of the Moon. people of the Republic of Colombia for the nal of proceedings be approved to date, Our flag is instantly recognizable in successful completion of democratic elec- the morning hour be deemed expired, every capital and in the emptiest quar- tions held on May 26, 2002, for President and the time for the two leaders be re- ters of the world. Even those who re- Vice President; served for their use later in the day, vile that flag, even those who would at- (2) congratulates President-elect Alvaro tack that flag in our Nation, recognize Uribe Velez and Vice President-elect Fran- and the Senate resume consideration of cisco Santos Calderon on their recent vic- the terrorism insurance bill, with the America’s dominant, even preeminent, tory and encourages their strong commit- time until 9:45 a.m. equally divided be- role in world affairs, symbolized by ment to democracy, national reconciliation, tween the two managers of the bill for that flag. and reconstruction; debate only, prior to the cloture vote There it stands. For over 200 years, (3) congratulates Colombian President An- on the terrorism insurance bill; fur- the American flag has led the way. It dres Pastrana, who has been a strong ally of ther, that the live quorum with respect took us west to California, a great the United States, a long-standing supporter to the cloture motion be waived; that State—one of whose Senators at this of peace process negotiations, and a builder Senators have until 3 p.m. on Monday moment presides over the Senate with of national unity in the Republic of Colom- a degree of decorum, aplomb and dig- bia, for his personal commitment to democ- to file first-degree amendments and racy; until 9:40 a.m. on Tuesday to file sec- nity that is so rare as a day in June. (4) commends all Colombian citizens and ond-degree amendments; and that the Yes, it took us west to California, political parties for their efforts to work to- Senate stand in recess on Tuesday, north to Alaska. It led brave men to gether to take risks for democracy and to June 18, from 12:30 p.m. to 2:15 p.m. for the North and South Poles. It has willfully pursue national reconciliation in the weekly party conferences. flown atop Mount Everest. It has been order to cement a lasting peace and to The PRESIDING OFFICER. Without emblazoned in the sides of deep-diving strengthen democratic traditions in the Re- objection, it is so ordered. submarines. It has led charges. It has public of Colombia; held fast against terrible odds, and it (5) supports Colombian attempts to— f has risen from the ashes to soar over (A) ensure democracy, national reconciliation, and economic prosperity; ORDER FOR ADJOURNMENT Iwo Jima and the World Trade Towers. In every bleak hour, the snap and the (B) support human rights and rule of law; Mr. REID. Madam President, if there crack of that mighty banner has rallied and is no further business to come before (C) abide by all the essential elements of our courage and given us hope. the Senate, I ask unanimous consent representative democracy as enshrined in Without words, the American flag in- the Inter-American Democratic Charter, Or- that the Senate stand in adjournment stantly sums up all that is best about ganization of American States, and United under the previous order following the our Nation: Our courage, our leader- Nations principles; statements of Senator BYRD of West ship, our generosity, our determina- (6) encourages the government and people Virginia. tion, our freedom. of the Republic of Colombia to continue The PRESIDING OFFICER. Without their struggle against the evils of narcotics That first Flag Act forever shaped objection, it is so ordered. our flag, but in the early years of the and all forms of terrorism; The Senator from West Virginia. (7) encourages the government of the Re- Nation, several variations existed for public of Colombia to promote— f the Flag Act was not precise about the (A) the professionalism of the Colombian exact arrangement of the stars. As new NATIONAL FLAG DAY Armed Forces and Colombian National Po- States joined the Union, additional lice; and Mr. BYRD. Madam President, the stripes, as well as additional stars, (B) judicial and legal reforms; and first national observance of Flag Day were added to the flag. (8) reaffirms that the United States is un- occurred on June 14, 1877, when Con- An act passed in 1794, for example, equivocally committed to encouraging and gress ordered that the flag be flown supporting democracy, human rights, rule of provided for 15 stripes and 15 stars law, and peaceful development in the Repub- over public buildings every June 14. after May 1795. By 1818, the flag was lic of Colombia and throughout the Amer- June 14 officially became National growing unwieldy, and a subsequent icas. Flag Day when President Truman act of April 4, 1818, signed by President f signed an act of Congress on August 3, Monroe, provided for 13 stripes for the 1949. This year marks the 225th anni- original 13 colonies and one star for ORDER FOR RECORD TO REMAIN versary of the signing of the Flag Act each State to be added to the flag on OPEN UNTIL 1:30 P.M. resolution on June 14, 1777. What a his- the 4th of July following admission of Mr. REID. Madam President, I ask toric day this is, June 14. The resolu- each new State to the Union. unanimous consent that the RECORD re- tion was a model of simplicity in just Almost a century later on June 24, main open today until 1:30 p.m., not- 32 words: 1912, which is the year the great Ti- withstanding the adjournment of the Resolved that the flag of the United States tanic went down—1,570 people lost Senate, for the submission of state- be made of 13 stripes, alternative red and their lives that year on April 15, 1912—

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A14JN6.043 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5619 an Executive Order of President Taft And loyal hearts are beating high: I was just reading last night a Senate established the proportion of the flag Hats off! hearing by the Appropriations Com- and set the arrangement of the stars in The flag is passing by! mittee on a resolution appropriating $1 six horizontal rows of eight each, a sin- f million to fight influenza in 1918. That gle point of each star to be upward. FATHER’S DAY hearing was conducted in September of The continued expansion of the Mr. BYRD. Madam President, the 1918. Less than 2 months later, my United States required further modi- Bible commands us to ‘‘honor thy fa- mother died of that influenza. So she asked, per her wish, that my fication to the flag, and an Executive ther and thy mother.’’ Last month, we father’s sister—he had eight or nine Order of President Eisenhower, dated honored mothers. It was mother’s day. sisters, two or three brothers; there January 3, 1959—I was here at that This month, this Sunday, it is the fa- time—provided for the arrangement of thers’ turn. On that day, we honor men were large families in those days—my the stars in seven rows of seven stars in their role as fathers, not as any of mother’s wish was that one of my fa- each staggered horizontally and the many other titles they may wear: ther’s sisters who had married Titus vertically. not for their accomplishments at work, Dalton Byrd take me, the baby. I had A quick schoolchild who knows his or though that is how many men define three older brothers and a sister, but her multiplication table, sometimes re- themselves; not for their accomplish- take me, the baby, and rear that baby. ferred to as the times table, knows ments at home that are not family re- And so because of a mother’s wish, my that 7 times 7 is 49. lated, such as in their role as gardeners uncle, Titus Dalton Byrd, and his wife, With the addition of Hawaii to the or home builders or mechanics; but as my aunt, Vlurma Byrd, took me to Union in 1959, a further Executive fathers. West Virginia from North Carolina, Order on August 21, 1959, was required Fatherhood requires no special train- and there in the coal fields of West Vir- to establish the flag as we know it ing, no advanced degree, but it does re- ginia they reared me. They took care today with the stars in nine rows stag- quire a long commitment and a consid- of me. They loved me. My memories gered horizontally, and 11 rows stag- erable level of effort. It is not always are of that tall man, with a red mus- gered vertically. easy. It requires a certain warmth. It is tache and the black hair, who went to Will the flag change again as it has not for the faint-hearted or the self- the mines every day and worked hard in the past? I do not know. But some centered. Though it has its hero mo- for me and for his wife, my aunt—the things will never change. The love and ments, it is not a popularity contest. only mother I ever knew. And he was respect that patriotic Americans have As a father, a man will hunt buggers, the only father I ever knew. for this chosen symbol of our native as they used to say; buggers or mon- As a matter of fact, I didn’t know land will never die, so long as the Gov- sters in closets on dark nights, inves- that he wasn’t my father until I was a ernment remains true to the spirit and tigate all strange sounds, and kill a lot high school senior. In that year, 1934, the words of this Constitution, which I of bugs and spiders. Just ask any fa- this man whom I called my dad took hold in my hand. ther. He will be expected to know how me and sat me down and told me the Equally immutable is the power of to make volcanoes out of plaster of story of how the influenza had taken our flag to lift our hopes and our mo- Paris and 2-liter soda bottles. He will away my angel mother and how he and rale. The blossoming of flags across the become the instant authority in all his wife, whom I knew as my mom, had Nation on and after September 11 has manner of arcane subjects like sports taken me as an infant, just a few days proved that Old Glory, Old Glory, Old rules. He will become the ultimate au- under 1 year old, and raised me. Glory, the Stars and Stripes, by any thority in all matters of discipline. Fa- And I can remember him, that old name, is our own beloved flag. And ther will set, and enforce, limits and coal miner, honest as the day is long. there it stands in all its glory, beside intimidate all prospective suitors of He had no enemies. When he died, he the Presiding Officer of the Senate. his daughters. He becomes the man by didn’t owe any man a penny. He was Madam President, hats off to the whom all other men are judged. It is honest, as I say, as the day is long. He flag! That is the appropriate response difficult to over-estimate the impor- worked hard in the bowels of the to the sight of an American flag pass- tance of a father figure. Earth. ing by. To my mind, no one has ever If you ask a child what he or she I never heard him use God’s name in said it better than Henry Holcomb Ben- likes best about their father, they like- vain in all the years that I was with nett, in his stirring poem ‘‘The Flag ly will not mention the father’s job. him—never. I never heard him talk Goes By.’’ Let it be my salute and They won’t comment on how nicely he about his neighbor. I never saw him sit birthday salutation to the American mows the lawn, or how the car gleams, down at the table and grumble at what- flag. Long my she wave! the chromium shines, those fenders ever was on the table, whatever it THE FLAG GOES BY which mirror themselves. It is more was—never, ever a grumble. likely to be that dad makes funny As I say, I didn’t know for a long Hats off! Along the street there comes faces—yes, that is what they will com- time that Titus Dalton Byrd was not A blare of bugles, a ruffle of drums, ment on, dad makes funny faces—plays my father. I called him Pap. He was my A flash of color beneath the sky: catch, makes waffles on Saturday dad. Hats off! mornings, or gives pony rides on his He was a quiet, hard-working man, The flag is passing by! shoulders. Maybe dad does a great can- worn down by the strenuous life of a Blue and crimson and white it shines, nonball jump into the pool, maybe he coal miner in the days before the Over the steel-tipped, ordered lines. cooks the best hamburgers on the grill, mechanized and much safer practices Hats off! or maybe he takes his kids fishing. It is of modern mining. He would come The colors before us fly; those times that a father is most en- home—I see the coal dust sometimes in But more than the flag is passing by. gaged with his children that makes a his eyes. I see him coming down the Sea-fights and land-fights, grim and great, moment special to a child. As we grow railroad tracks. I see him coming home Fought to make and save the State: older, we can appreciate the effort that from a hard day’s work in the mines. Weary marches and sinking ships; fathers put into their jobs, so that they Many times in those mines the roof Cheers of victory on dying lips; might provide for their families, but was so low that the miners had to walk Days of plenty and years of peace; that appreciation only sweetens the on their knees. They had knee pads and March of a strong land’s swift increase; Equal justice, right, and law, treasured times when dad plays with they would walk on their knees, some- Stately honor and reverend awe; his kids. times working in waterholes, lifting I have spoken many times about my Sign of a nation, great and strong that slate and lifting the shovels of To ward her people from foreign wrong: dad. He was not my biological father. coal and heaving them into the coal Pride and glory and honor,—all But he was my biological father’s sis- car. They worked hard. Live in the colors to stand or fall. ter’s husband. He and my aunt raised There was little hope for them, not Hats off! me as my mother died when I was a much to look forward to in that coal Along the street there comes year old, a little less than a year old, miner’s life. Day after day, day after A blare of bugles, a ruffle of drums; in the great influenza epidemic of 1918. day, the same old grind, lifting that

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.049 pfrm04 PsN: S14PT1 S5620 CONGRESSIONAL RECORD — SENATE June 14, 2002 coal, shoveling that coal into the coal today. If it hadn’t been for her wish, school. He encouraged me. He always car. that I be taken by Titus Dalton Byrd wanted to see that report card. And I would see him coming down the and his wife, I probably would have there was one category on the report railroad tracks from afar. I would run grown up in North Carolina. It is hard card entitled ‘‘deportment.’’ He always to meet him. As I came to him, I could to tell what I might have amounted to looked at that deportment. How well see that tall man with the red mus- but because of a mother’s wish. did Robert do in school? How well does tache and the black hair set down his My dad was the one who gave me he mind the teacher? Does he do what dinner pail on a crosstie. As I came pencils and paper, drawing books and the teacher says? Is he a rowdy or is he near, he would lift off the lid from that watercolors at Christmas. He didn’t not? He always watched that. dinner pail. And when I came up to give me a cowboy suit or a cap buster. From him and from my aunt, I devel- him, he would reach into that dinner He gave me drawing tablets and water- oped a love of learning that has lasted pail and bring out a cake that my mom colors, urged me to learn how to draw my whole life. had bought, a 5-cent cake—a 5-cent and how to write and how to read. He I was the first in all of my family— cake from the company store. He had was the one who bought a violin for me going back many generations to Wil- taken it to work. He had taken it to and encouraged me to play. liam Sayle who settled in Virginia in eat for himself, but he didn’t eat it. He The fiddle was a big gift in a day and 1657 on the banks of the Rappahannock always saved the cake for me. He al- place where there wasn’t much money River. He was the ancient forbear of ways saved the cake for me. for frills. I got a lot of enjoyment out my father, my real father, my biologi- What a man that was. I have met of that fiddle playing. And because of cal father—I was the first in my fam- Presidents and Governors and Sen- that fiddle, I really had a political ad- ily, going all the way back to England, ators, Members of Congress and Kings vantage, and I was advised by a Repub- to go to college. and Shahs and Ambassadors—all the lican—as I told some of these fine I am proud to say that my children great people of the Earth. In my time pages here, earlier today—a Republican and my children’s children have ex- as majority leader, I met with the lawyer advised me to take that fiddle. celled in challenging academic fields. Shah of Iran, the old Biblical country He said: You take that fiddle, BOB, and My grandson, Frederick, is a physicist, of Persia, just a few weeks before he everywhere you go you make that fid- following in his father’s footsteps. I left Iran forever. I met with him in his dle your briefcase. You play a tune or may be biased, but at the rate my fam- palace, just he and I and his wife and two and then you put that fiddle down ily is going I wouldn’t be surprised if my wife. and you give them a straight story on one of my great-granddaughters won a I met with the King of Saudi Arabia, why you want to go to the West Vir- Nobel Prize, thanks to the academic the great royal family of Saudi Arabia. ginia Legislature. And quote a little legacy inspired by my dad who himself I met with President Sadat, one on poem or two, but they will remember had practically little or no schooling one. I met with Prime Minister Begin you because of that fiddle. Nobody else whatsoever. of Israel; President Assad of Syria; the who is running can play a fiddle. They I know he must look down and be King of Jordan. I knew the King’s fa- will remember you not because of the proud of all of us, just as we strive to ther. I met with Vice Premiere Deng, fiddle but because it got their atten- make him proud. the real leader in Communist China. I tion and caused them to remember I have another grandson who is a met with President Brezhnev, down in you. But it is what you say that really physicist also, Darius. I have a grand- the Crimea, just he and I sitting across counts. son who is on one of the appropriations the table, he with one person who was I ran my first campaign for elected committees as a staff person. I have a an interpreter, I with an interpreter office. I was an underdog. I was very granddaughter who works in the Sen- and one assistant, that was all, sitting young. I was unknown. I was untested. ate. I have a granddaughter who lives down, in the Crimea. Brezhnev, he re- But my fiddle playing at campaign in Leesburg. She is a wonderful grand- minded me of an old county commis- stops got people’s attention and left daughter. These daughters of mine and sioner back in West Virginia. I bet them with a memory associated with the grandchildren and now three great- there are some of those county com- my name. They were willing to listen grandchildren—three are great-grand- missioners in Missouri, just oldtimers, to me talk as the price for getting to daughters—I have no doubt that they people of the soil, people of the Earth. hear me play. will win some Nobel Prize or something So I met with these people: Margaret So in that way you could say that my even more worthy. Thatcher, the King of Spain, I met dad helped me to win an election—my I know that I am not alone today in with all this great array of world lead- first election. He did, because he cherishing the memories of my dad— ers. bought that fiddle for me. Without that the man who raised me. Nor am I alone Who was I? I was a country boy from fiddle, I wouldn’t have won that first in seeing the reach that a father’s en- southern West Virginia, a coal miner’s campaign, and probably wouldn’t have couragement can have through many son. But the greatest of all these peo- been reelected when I ran for the West generations who cannot feel the warm ple that I have met on Earth, one of Virginia Senate. I had to go into addi- touch of that long-gone father’s smile. the greatest—I knew he was great be- tional counties, and I took the fiddle History books are replete with the sto- cause I lived with him—the greatest there. When I ran for the House of Rep- ries of famous men and women who was my old coal miner dad, coal miner resentatives, there were additional owed their start to some early encour- dad. counties. I took the fiddle around. agement from their fathers or their Well, I would walk along with him, So that was what my dad gave me— mothers. kind of feeling grown up, you see. Here that fiddle. It was because of his and Benjamin West, an early American I was, a little old boy. He saved me a my mother’s wish, you see, that I am painter, said, as I understand it, that cake and then I would walk on down to here today. It is how far I was influ- he owed his becoming a great painter the house with him. I felt pretty grown enced. to his mother—his angel mother—who, up, walking with my dad. My dad also encouraged me in school. when he was a little infant, a little So he always saved the cake for me. He did not want me to follow him into child, came to her with his child’s He never forgot to save me something. the mines. He knew the dangers too drawings of flowers and birds and He would always give it to me with one well. He had seen those dangers up showed his mother. She would take of his quiet smiles. Those short walks close. He had seen too many of his fel- him upon her knee and say, Benjamin, were a special time just for us, and the low coal miners killed. He had seen the you will grow up to be a great painter. memory of them gives me a warm feel- men on the floor of the house with a And Benjamin West grew up to be a ing to this day. piece of canvass stretched over them great painter. He said he was made a I have no doubt that there is a Heav- who had been run over by a motor, or great painter by a mother’s kiss. That en. I have no doubt that in that Heaven executed by a fallen cable, or killed by is the way it is. right today is that mother who died on falling slate. He had seen those dangers It is what we celebrate on Father’s the evening before November 11, 1918. up close. So he pushed me to do well in Day. It is not the work, it is not the ac- And because of her wish, I am here school. He wanted me to do well in complishments, it is not the titles, it

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\G14JN6.055 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — SENATE S5621 isn’t the bank account that bring chil- For fear he’ll go the self-same way. NOMINATIONS dren home to visit with their father I must not madly step aside, Where pleasure’s paths are smooth and wide, Executive nominations received by and share a meal with him or send him the Senate June 14, 2002: a funny yet sentimental card. The mo- And join in wine’s red revelry A little fellow follows me. FARM CREDIT ADMINISTRATION ments of a father’s love made manifest—these are the pieces of gold in I cannot once escape his eyes; NANCY C. PELLETT, OF IOWA, TO BE A MEMBER OF THE Whate’er he sees me do, he tries— FARM CREDIT ADMINISTRATION BOARD, FARM CREDIT memory’s treasure chest. Those mo- ADMINISTRATION FOR A TERM EXPIRING MAY 31, 2008, Like me, he says, he’s going to be; VICE ANN JORGENSEN, TERM EXPIRED. ments of joy, of laughter, of mutual The little chap who follows me. CORPORATION FOR PUBLIC BROADCASTING pride at being in the same family make He thinks that I am good and fine, the labors of the week drop away like CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A Believes in every word of mine; MEMBER OF THE BOARD OF DIRECTORS OF THE COR- a heavy winter coat in the warm rays The base in me he must not see, PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- of the summer sun. The little chap who follows me. PIRING JANUARY 31, 2008, VICE HEIDI H. SCHULMAN, TERM EXPIRED. For myself, of course, and also for all I must remember as I go, DEPARTMENT OF STATE fathers, I hope that this Sunday is Through summer’s sun and winter’s snow, filled with family and with laughter I’m building for the years to be, J. ANTHONY HOLMES, OF CALIFORNIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- and with warm feelings. Let us all look A little fellow follows me. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND upon, think upon, and remember our Madam President, I yield the floor. I PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BURKINA FASO. fathers and our father’s father, and suggest the absence of a quorum. AURELIA E. BRAZEAL, OF GEORGIA, A CAREER MEM- glory in their greatest and most last- The PRESIDING OFFICER. The BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY ing achievement—happy families. clerk will call the roll. AND PLENIPOTENTIARY OF THE UNITED STATES OF Let us not forget that Biblical admo- The assistant legislative clerk pro- AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA. nition, honor thy father and thy moth- ceeded to call the roll. er. We only have one of each. That is OCCUPATIONAL SAFETY AND HEALTH REVIEW Mr. BYRD. Madam President, I ask COMMISSION it. That is the sum total—only one. unanimous consent the order for the I close with the words of an unknown W. SCOTT RAILTON, OF VIRGINIA, TO BE A MEMBER OF quorum call be rescinded. THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COM- who wrote the ‘‘Little Chap Who Fol- The PRESIDING OFFICER. Without MISSION FOR A TERM EXPIRING APRIL 27, 2007, VICE lows Me.’’ objection, it is so ordered. GARY L. VISSCHER, TERM EXPIRED. I am sure that my dad, although he f never had the luxury of sitting in a f schoolroom reading that poem, the WITHDRAWAL ADJOURNMENT UNTIL MONDAY, ‘‘Little Chap Who Follows Me,’’ cer- JUNE 17, 2002, AT 2 P.M. Executive message transmitted by tainly in his life typified that poet’s the President to the Senate on June 14, The PRESIDING OFFICER. Under thought as a father who thinks of the 2002, withdrawing from further Senate the previous order, the Senate stands ‘‘Little Chap Who Follows Me.’’ consideration the following nomina- adjourned until 2 o’clock p.m., Monday, Many of the poems, like these simple tion: June 17, 2002. little poems, have a message: CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A A careful man I ought to be; Thereupon, the Senate, at 12:47 p.m., MEMBER OF THE BOARD OF DIRECTORS OF THE COR- adjourned until Monday, June 17, 2002, PORATION FOR PUBLIC BROADCASTING FOR THE RE- A little fellow follows me; MAINDER OF THE TERM EXPIRING JANUARY 31, 2004, I do not dare to go astray at 2 p.m. WHICH WAS SENT TO THE SENATE ON NOVEMBER 9, 2001.

VerDate 11-MAY-2000 02:19 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4637 Sfmt 9801 E:\CR\FM\G14JN6.058 pfrm04 PsN: S14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1047 EXTENSIONS OF REMARKS

IN HONOR OF PETER RINALDI AND ditions, and returning without complaint cedes more and more into memory, our rela- THE ENGINEERS OF THE PORT after major collapses had occurred. tions with Russia continue to improve, as they AUTHORITY OF NEW YORK AND By mid-November only one important un- should. Russia has made a significant con- NEW JERSEY derground area remained to be explored—a tribution to the struggle against terrorism since place people called ‘‘the final frontier,’’ located deep under the center of the ruins, at the attacks on the United States last Sep- HON. JERROLD NADLER the foot of the former North Tower. It was tember. While there remain serious differences OF NEW YORK the main chiller plant, one of the world’s in the area of human rights, foreign policy, and largest air-conditioning facilities—a two- economics, we should welcome President IN THE HOUSE OF REPRESENTATIVES acre chamber three stories high that con- Putin’s ‘‘turn to the West’’ and encourage Rus- Thursday, June 13, 2002 tained seven interconnected refrigeration sia to further integrate into an international units, each the size of a locomotive and capa- Mr. NADLER. Mr. Speaker, there were community of mutual security, free trade, and ble of holding up to 24,000 pounds of dan- democratic structures. many heroes on September 11th, and many gerous Freon gas. more in the months that have followed. I rise With the huge quantities potentially in- Nevertheless, over this summit banquet of today to pay tribute to the engineers of the volved here, a sudden leak would fill the warm words about the ‘‘new strategic relation- Port Authority of New York and New Jersey, voids underground and spread across the sur- ship’’ looms a ‘‘Banquo’s Ghost’’ of tragic and each of whom could tell you a different story face of the pile, suffocating perhaps hundreds monumental proportions. about the difficult days and arduous work fol- of workers caught out on the rough terrain I refer to the war in Chechnya—the subject lowing September 11th. I would like to tell you and unable to move fast. To make matters of a recent hearing of the Commission on Se- worse, if the Freon cloud came into contact curity and Cooperation in Europe, which I co- a little about one Port Authority engineer, with open flames, of which there were plenty Peter Rinaldi, who joined his fellow New York- chair—which continues to wreak havoc and here, it would turn into airborne forms of death on combatants and non-combatants ers in the tremendous rescue and recovery ef- hydrochloric and hydrofluoric acids and also fort at Ground Zero. The following excerpt is phosgene gas, related to the mustard gas alike. The brutality of the so-called ‘‘anti-ter- from ‘‘American Ground: Unbuilding the World used during World War 1. Then it would go rorist operation’’ of the Russian military has Trade Center,’’ by William Langewiesche, pub- drifting. People accepted the danger. The been amply documented by reputable Russian lished in the July/August 2002 edition of Atlan- standard advice, ‘‘Just run like hell,’’ was and international organizations. Bloody military tic Monthly. delivered with a little shrug. Everyone knew ‘‘sweeps’’ of civilian areas, bestial ‘‘filtration that if the Freon came hunting for you at At age fifty-two, Rinaldi was an incon- camps’’ and ‘‘holding pits’’ have become hall- the center of the pile, you would succumb. marks of what passes for Moscow’s military spicuous olive-skinned man with graying Of all the people setting out now for the hair and a moustache, who observed the strategy. chiller plant, twenty men redefined by these One month ago, the Helsinki Commission world through oversized glasses and had a ruins, the one who would have the greatest quirky way of suddenly raising his eyebrows, influence on the unfolding story was an ob- heard chilling testimony from Ms. Aset not in surprise but as a prompt or in sugges- scure engineer, a lifelong New Yorker named Chadaeva, a nurse from Chechnya who re- tion. He had grown up in the Bronx as the Peter Rinaldi. sided in a community near Grozny, son of a New York cop, had gone to college For twenty-eight years the World Trade Chechnya’s capital. Ms. Chadaeva described there, and had married a girl he had met in an event in February 2000, when the Russian high school. Though he and his wife had Center was a second home to Peter Rinaldi. moved to the suburbs of Westchester County After its destruction, he and his fellow Port Au- military carried out one of its most notorious to raise their three sons, he had never cut his thority employees worked ‘‘seven days a ‘‘anti-terrorists’’ operations: connection to the city, or quite shed his na- week, often fifteen hours a day’’ to make sure Young Chechen men living in Chechnya tive accent. For twenty-eight years he had today have two choices: to wage war or to that those involved in the recovery effort would wait for Russian soldiers to arrest or kill commuted to the World Trade Center, to of- be safe, and to restore needed services, such fices in the North Tower, where he worked them. All three of my brothers were illegally for the Port Authority of New York and New as subway and commuter train service, to detained by Russian servicemen. One of my Jersey, deep within its paternal embrace and those returning to live and work in lower Man- brothers—officially classified as disabled be- completely secure in his existence. There hattan. His leadership in the days following cause of his poor eyesight—was severely was an early warning in the terrorist bomb- September 11th took him, on that day in No- beaten by Russian soldiers in my presence. ing of 1993, which caught him in an elevator. vember, into the debris of the World Trade When I asked the soldiers why they were ar- Nonetheless, he was wholly unprepared for Center, where it was determined that the resting him, they told me: ‘‘He’s a Chechen! the destruction that followed in 2001. During That’s reason enough!’’ I treated women who Freon had vented and the recovery work could had been raped by Russian soldiers, and I’ve the days after the attack, when to New York continue in relative safety. City officials the Port Authority seemed to also seen the bodies of women who had been have disappeared, it was hunkered down Today, nine months after that horrible day, killed after being raped. During both wars, I across the river in its New Jersey offices, as we celebrate the lives of those we have buried many dead. Bodies were left lying in suffering through a collective emptiness so lost and commemorate their heroism and the streets. I, my brothers, and my neighbors severe that people themselves felt hollowed bravery, we thank those who have given so collected them so they wouldn’t be eaten by out. Peter Rinaldi felt it too, though he was much of themselves to the recovery of our dogs. far away at the time of the attack, vaca- great city. I would like to extend my thanks to In February 2001, the remains of over fifty tioning with his wife, Audrey, on the Outer the employees of the Port Authority of New persons were found in a mass grave in a vil- Banks of North Carolina. York and New Jersey, each of whom has lage located less than a mile from the Russian Back in New York . . . Rinaldi was as- military headquarters in Chechnya. Russian signed to New York City’s recovery team come to embody the spirit of public service to . . . [and] given the job of supervising the the city they have served so admirably. authorities attribute their deaths to Chechen consultants who had been brought in for the f partisans. specialized belowground engineering. The In 2000 and 2001, the UN Commission on underground, beneath the pile, was a wilder- U.S.-RUSSIA RELATIONS Human Rights in Geneva condemned the ness of ruins, a short walk from the city but widespread violence against civilians and alas far removed from life there as any place HON. CHRISTOPHER H. SMITH leged violations of human rights and humani- could be. It burned until January, and be- OF NEW JERSEY tarian law’’ by Russian forces. I would note cause it contained voids and weakened struc- that even Chechen officials who have sided tures, it collapsed progressively until the IN THE HOUSE OF REPRESENTATIVES with Moscow in the conflict with the seces- spring. The job of mapping the chaos fell to Thursday, June 13, 2002 a small team of about six engineers who did sionist movement have criticized the reign of some of the riskiest work at the site, climb- Mr. SMITH of New Jersey. Mr. Speaker, terror created by the Russian military in ing through the crevices of a strange and un- President Bush has returned from a success- Chechnya. Unfortunately, efforts to have a stable netherworld, calmly charting its con- ful summit in Moscow. As the Cold War re- resolution passed this year at the Human

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

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JN8.000 pfrm04 PsN: E14PT1 E1048 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 Rights Commission failed with allies and Mr. Speaker, these comments should not be Louis Seel and Philippe Speder, were digging friends casting the swing votes either in oppo- seen as an endorsement of Chechen sepa- in the Ardennes Forest when they discovered sition to the resolution offered by the Euro- ratism, and we must frankly admit that some the remains of Private First Class Alphonse pean Union or abstaining. The United States Chechen partisans have been linked with Sito of Baltimore, Maryland. This prompted does not currently have a seat on the Com- international terrorist organizations who see William Warnock to compile a list of the 33 mission and thus was not voting. Chechnya as a staging ground for ‘‘jihad’’ missing soldiers, which was published in the A Human Rights Watch report of February against Moscow. I am fully aware of the dep- 99th Division Association news letter by Dick 2002 entitled ‘‘Swept Under: Torture, Forced redations visited upon the people of the North Byers, a seminal member of the 99th Division. Disappearances, and Extrajudicial Killings Dur- Caucasus by marauding kidnappers, Based on mail and data they received, Byers ing Sweep Operations in Chechnya’’ describes highjackers and terrorists. According to press and Warnock prepared a map pinpointing the the ‘‘sweeps’’ conducted by the Russian mili- reports, some Chechen guerrillas have exe- location where they believed the remains of tary in the summer of 2001: cuted ‘‘traitors’’ who work for the pro-Moscow Second Lieutenant L.O. Holloway could be Troops rounded up several thousand administration in Chechnya. found. After a two-day search in November Chechens, mostly without any form of due But this does not absolve the Government 1990, Seel and Speder were successful in re- process, and took them to temporary mili- of Russia from having to live up to basic covering Holloway’s remains. His remains tary bases in or near the villages. According were returned to Texas at the Fort Sam Hous- to eyewitnesses, soldiers extrajudicially exe- standards of conduct such as the Geneva cuted at least eleven detainees, and at least Conventions and the Code of Conduct of the ton National Cemetery in September 1991. two detainees ‘‘disappeared’’ in detention. Organization for Security and Cooperation in The Holloway case convinced Vernon . . . Twelve former detainees [gave] detailed Europe. ‘‘Anti-terrorist operations’’ and ‘‘terri- Swanson of Deerfield, Illinois, that the remains testimony of torture and ill-treatment, in- torial integrity’’ are not synonymous with wag- of his ‘‘foxhole buddy,’’ Jack Beckwith, could cluding electric shocks, severe beatings, and ing total and barbaric war against one’s own be found. Swanson enlisted the cooperation of being forced to remain in ‘‘stress position.’’ citizens. a wartime cohort, Byron Witmarsh, and set Eyewitnesses also gave testimony about How many more bodies will show up in about the task of recovering the remains of widespread extortion, looting, and destruc- their fallen comrades. Hoping to find tion of civilian property. mass graves? How many young Russian soldiers’ bodies will be sent homes to grieving Beckwith’s remains, Swanson and Witmarsh Eventually, Russia’s top military officer ad- parents in Russia? How many more displaced joined forces with Byers, Seel, Speder, and mitted that the troops had committed ‘‘wide- persons will spend another winter in tents? Warnock in 1991. The group pored over spread crimes.’’ International revulsion against The Administration has called upon records in the National Archives, the National the conduct of these ‘‘sweeps’’ was so great Chechnya’s leadership to ‘‘immediately and Personnel Records Center, and the U.S. Army that in March of this year, the Russian military unconditionally cut all contacts with inter- History Institute. An old map of the grave sites introduced ‘‘Order No. 80,’’ according to which national terrorist groups, while calling for ‘‘ac- was found in Beckwith’s Army file, however, ‘‘sweeps’’ are to be conducted ‘‘only in the countability for [human rights] violations on all an aerial photograph discovered in the Na- presence of procurators but also of the local sides,’’ and a political solution to the conflict. tional Archives proved to be the critical piece authorities and the organs of internal affairs,’’ I urge the Administration to continue to use of information. It showed ‘‘88 Hill’’ in Decem- and local authorities are to be provided with a every appropriate opportunity to condemn ber 1944, from which Bill Warnock identified a list of detainees. However, reports by human human rights violations in Chechnya, and im- grouping of trees where the grave sites were. rights groups indicate that even these minimal press upon Moscow the need for a just polit- Warnock then transferred the locations of the requirements are not being observed on the ical solution. I trust that the return of the graves to modern topographic maps and the ground. In a rare admission, the military com- United States to the UN Human Rights Com- Belgians were on the hunt again for the re- mander in Chechnya has acknowledged that mittee in Geneva will afford one more such mains. In April 2001, Seel decided to search innocent people have disappeared during the opportunity. an area that, to his amazement, turned up a ‘‘sweeps.’’ The last leader of the Soviet Union, Mikhail dog tag which marked the grave site of Private In October 2000, Human Rights Watch Gorbachev, once called Afghanistan a ‘‘bleed- David A. Read. Seel returned with Speder and issued ‘‘Welcome to Hell,’’ a vivid and horri- ing wound.’’ Chechnya is now the ‘‘bleeding two other members of the Belgian search fying description of arbitrary detention, torture wound’’ for the Russian Federation. I say this team, Marc Marique and Luc Menestrey. On and extortion in Chechnya. As described in as someone who wishes Russia and the peo- April 17, the remains of Jack Beckwith, Saul the report, groups of Chechen non-combat- ple of Russia to prosper. The time for a Kokotovich, and David Read were found. Over ants, usually men of military age, are detained cease-fire and serious negoitiations is at hand. the next two days the Belgian search team la- on suspicion of participation or collaboration f bored to exhume the remains. Each of the with Chechen guerrillas, and subjected to bru- dead was found with a single dog tag around tal and humiliating interrogations. This is the HONORING THE MEMORY OF his neck, rotted clothing, and boots. David description of the procedure followed at the in- FALLEN HEROES Roth of the U.S. Army Mortuary Affairs activity famous Chernokozovo prison: was contacted and took possession of the re- Detainees at Chernokozovo were beaten mains to complete the official identification both during interrogation and during night- HON. MARK STEVEN KIRK OF ILLINOIS process. time sessions when guards utterly ran amok. Vernon Swanson vowed to someday return During interrogation, detainees were forced IN THE HOUSE OF REPRESENTATIVES to recover the remains of his friend, Private to crawl on the ground and were beaten so Thursday, June 13, 2002 severely that some sustained broken ribs and Jack Beckwith. Over the years he made many injuries to their kidneys, liver, testicles, and Mr. KIRK. Mr. Speaker, on Dec. 16, 1944, inquiries to fellow veterans of the battle, orga- feet. Some were also tortured with electric on a snowy battlefield known as ‘‘Hill 88’’ near nized an international search team, and suc- shocks. the Belgian border with Germany, the Battle of ceeded in finding lost soldiers in a forgotten In many cases, a detainee was released the Bulge began. As the German army ad- corner of a vast woodland in Belgium. During only after relatives or a loved one paid a bribe vanced, heavy casualties were sustained by the months of June and July the remains of all to his captors. In other cases, the detainee the U.S. Army’s 99th Division, Company C, six comrades will find their final resting place simply disappeared. Chechnya is filled today forcing surviving G.l.’s to leave fallen com- in a cemetery of their families’ choice. On with desperate souls seeking word of their rades behind in shallow graves with only dog June 8, 2002, burial ceremonies were held in missing loved ones who are presumed dead. tags, sticks, and weapons to mark them. Ada, Oklahoma for Private First Class Ewing Even if the Russian Government manages These soldiers were lost, but not forgotten, Fidler. On Saturday, June 22, 2002 the re- to create a graveyard in Chechnya and call it and after 57 years, six of the more than thirty mains of Private First Class Jack Beckwith, peace, it will be a Pyrrhic victory, sowing the soldiers designated as Missing in Action after Private First Class Saul Kokotovich, and Ser- seeds of social disintegration in Russia. The the battle will be given the honor they deserve geant Frederick Zimmerman will be laid to rest prominent Russian joumalist and military ana- after sacrificing their lives for their country. in the American Military Cemetery in Henri lyst Pavel Felgenhauer has written, ‘‘The com- I want to recognize the extraordinary effort Chapelle, Belgium. Private First Class David plete impunity of the military leaders is leading by veterans from the battle and a group of Read will be buried in Arlington National Cem- to the moral decay of their subordinates.’’ He Belgian nationals, who worked together to find etery on July 18. Private First Class Stanley concludes that ‘‘the war in Chechnya is serv- the remains of six MIA’s. This search has Larson will be returned to Rochelle, Illinois on ing to destroy both the armed forces and the spanned across several generations. In Sep- July 22. I want to offer my thanks to the De- [Russian] state.’’ tember of 1988, two young Belgians, Jean- partment of Casualty and Mortuary Affairs and

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.003 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1049 the American Battle Monuments Commission A week before he was shot, Deputy March view and reassess the role of this UN agency. for their efforts, without which none of this wrote these words to a friend in the Depart- UNRWA, according to its self-proclaimed would have been possible. I also want to ment. mission described in its Web site, does not aim to solve the problem of the refugees. honor the search team of the U.S. Army’s 99th I feel I give a full days work when I’m here. While all of the world’s refugees are dealt Infantry Division and the Belgian ‘‘Diggers’’ for My contacts with the public are positive. Most with by the UN High Commissioner of Refu- their dedication and hard work in honoring the of all, I have learned to enjoy what I am doing. gees (UNHCR) who is charged with working memory of these brave soldiers who made the My goals are simple. I will always be painfully for their ultimate rehabilitation, UNRWA, ultimate sacrifice in the defense of the free- honest, work as hard as I can, learn as much which had existed for more than 50 years, doms we enjoy. Above all, I want to thank as I can and hopefully make a difference in was never meant to actually solve the prob- Vernon Swanson for his determination not to people’s lives. lem of the Palestinian refugees but rather to perpetuate it. leave his brothers-in-arms behind on the bat- May the tragedy of David March’s death Under the auspices of UNRWA, some major tlefield. His service and that of his comrades never overshadow the glory of his life. principles of international law are violated. are the reason why we live in a free society f In 1998, the UN Security Council affirmed the today. ‘‘unacceptability of using refugee camps and PERSONAL EXPLANATION f other persons in refugee camps . . . to achieve military purposes,’’ a commitment A TRIBUTE TO MR. WILLIAM F. HON. ROBERT MENENDEZ which was immediately confirmed by UN Secretary General Kofi Annan in a 1998 re- GREEN OF NEW JERSEY port to the Security Council, in which he IN THE HOUSE OF REPRESENTATIVES urged that ‘‘[r]efugee camps . . . be kept free HON. EDOLPHUS TOWNS Thursday, June 13, 2002 of any military presence or equipment, . . . OF NEW YORK and that the neutrality of the camps . . . Mr. MENENDEZ. Mr. Speaker, because of IN THE HOUSE OF REPRESENTATIVES [be] scrupulously maintained.’’ It is there- duties I was required to perform, pursuant to fore important to apply the same principles Thursday, June 13, 2002 State statute, as Democratic county chairman in the case of the UNRWA camps. Mr. TOWNS. Mr. Speaker, I rise in honor of in my district, I was unable to be present for In 1976, the Lebanese ambassador to the Mr. William F. Green for his commitment to votes after 1:30 p.m. on June 12, 2002. UN Edward Ghorra warned the international On rollcall No. 223, had I been present, I community of the fact that UNRWA camps health care. in Lebanon had been taken over by terrorist Mr. William F. Green has spent almost 35 would have voted ‘‘yes.’’ organizations. In his letter to the then UN years of creating, implementing and enhancing On rollcall No. 224, had I been present, I secretary-general, Kurt Waldheim, the am- medical programs and services for the under- would have voted ‘‘yes.’’ bassador said that ‘‘the Palestinians acted as served. After a distinguished tour of duty in On rollcall No. 225, had I been present, I if they were a state within the State of Leb- the United States Marine Corps, Mr. Green would have voted ‘‘no.’’ anon .... They transformed most, if not pursued an undergraduate degree in soci- f all, of the refugee camps into military bas- ology. Recognizing the need to strengthen and tions . . . in the heart of our commercial and REFUGEES FIRST industrial centers, and in the vicinity of integrate health care and business systems, large civilian conglomerations.’’ (The letter he later obtained Masters Degrees in both was published as an official UN document.) business and social work. HON. JANICE D. SCHAKOWSKY In reality, UNRWA camps, with 17,000 em- He has also held many Executive Health OF ILLINOIS ployees, had come under PLO control, and Care Administrator positions in various hos- IN THE HOUSE OF REPRESENTATIVES under the UN flag they were functioning, for all intents and purposes, as military camps. pitals including St. Mary’s Hospital, St. John’s Thursday, June 13, 2002 Hospital, and the Interfaith Medical Center. He In October of 1982, UNRWA released a most Ms. SCHAKOWSKY. Mr. Speaker, I recently comprehensive report, which related in great was named Vice-President of Ambulatory read an op-ed in the Israeli paper, Ha’aretz, detail that its educational institute at Services at Wyckoff Heights Medical Center entitled Refugees First written by Dr. Avi Sibleen, near Beirut, was in reality a mili- and later took the position of Vice-President of Becker, the Secretary-General of the World tary training base for PLO fighters, with ex- External Affairs and Government Relations. tensive military installations and arms Mr. Green is a member of many profes- Jewish Congress. In the article, Dr. Becker warehouses. sional associations such as the American Col- discusses the role of the United Nations Relief The forthcoming renewal of UNRWA’s lege of Hospital Administrators, National Asso- and Works Agency, UNRWA, for Palestinian mandate must be used to put pressure on the refugees. The article brings to light how these UN agency to begin a reform plan which will ciation of Black Health Executives, and the prepare the ground for its future integration Royal College of Health Administrators. refugee camps are coming under control of the Palestinian Liberation Organization and with the UN High Commission on Refugees. Mr. Speaker, Mr. William F. Green is de- Thus, in preparation for the decision on the voted to improving community health and ad- being converted to ‘‘military bastions’’, a strict mandate renewal, UNRWA must be asked to vancing the health profession. I hope that all violation of U.N. policy. The Palestinian refu- develop reliable and viable policies on two my colleagues will join me in honoring this re- gees of the UNRWA refugee camps are suf- fronts: to enforce the ban, required under markable person. fering and have not been offered a rehabilita- both international law and UN policy, tion program to rebuild their communities out- against using their camps for military and f side these camps. The United Nations and the terrorist purposes, and to draft a rehabilita- TRIBUTE TO DAVID MARCH international community must reform their cur- tion program which will build new neighborhoods for refugees outside the camps, wher- rent policies on these camps and formulate a ever they are located. HON. HOWARD P. ‘‘BUCK’’ McKEON new humanitarian vision that will benefit the The tragedy of the Palestinians cannot be OF CALIFORNIA Palestinians within these camps and else- addressed by existing UN policies and prac- IN THE HOUSE OF REPRESENTATIVES where. I strongly recommend that my col- tices. Any comprehensive peace plan dealing leagues read the following article. with Israeli withdrawal and new borders Thursday, June 13, 2002 with a Palestinian state must include as a REFUGEES FIRST Mr. MCKEON. Mr. Speaker, I rise in support major component a thorough political and It is revealing that only after the Arab/UN of a resolution to honor the remarkable life of humanitarian solution for the Palestinian abortive attempt to send a fact-finding com- refugees. While the borders and security ar- David March, a Los Angeles County Deputy mittee to Jenin, questions have been raised rangements are obviously issues that need to Sheriff killed in the line of duty. in the international media about the role of be concluded, the refugees’ situation must be On May 1, 2002, during a seemingly routine the UN Relief and Works Agency for Pales- addressed first, and a realistic practical solu- traffic stop, Deputy March, a 33-year-old hus- tinian Refugees (UNRWA). Several articles tion must be developed which is based on band and stepfather was shot and killed. in the American media have asked bluntly: dealing with the real conditions of their Deputy March’s life is that of a true Amer- ‘‘What exactly is the UN doing in its refugee daily lives. The issue of the Palestinian ican Hero. Even as a high school football and camps (with our money)?’’ The United States ‘‘right of return’’ cannot be left in limbo, baseball star, his life long dream was to serve today finances more than one-fourth of looming over every peace initiative, includ- UNRWA’s operations, about $90 million, an- his fellow man through a career in law ening the most recent Saudi one, which did not nually. Some Arab oil countries give to- address the refugee issue clearly. forcement. gether less than $5 million annually, while Polls taken in Israel in recent days show During his seven years of service, Deputy Iraq and Libya pledge nothing. that a significant majority of the Israeli March garnered the admiration and respect of Since the current mandate of UNRWA runs public is prepared to accept the establish- his superiors and subordinates. through June 30, 2002, it is essential to re- ment of a Palestinian state, the dismantling

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A13JN8.006 pfrm04 PsN: E14PT1 E1050 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 of settlements and the making of far-reach- PERMANENT DEATH TAX REPEAL CEDAR CREEK BATTLEFIELD AND ing compromises for a sincere peace. As stat- ACT OF 2002 BELLE GROVE PLANTATION NA- ed by President Bill Clinton on July 28, 2000, TIONAL HISTORICAL PARK the refugee problem in the Middle East is SPEECH OF two-sided, and includes the Jews from Arab lands ‘‘who came to Israel because they were HON. TODD TIAHRT HON. FRANK R. WOLF made refugees in their own land.’’ The Jew- OF KANSAS OF VIRGINIA ish post-1948 refugees, whose number was IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES about the same as that of the Palestinian Thursday, June 6, 2002 Thursday, June 13, 2002 refugees from the same period, were reset- tled and rehabilitated in their new home— Mr. TIAHRT. Mr. Speaker, all across this Mr. WOLF. Mr. Speaker, after more than 11 Israel. The Palestinians of the UNRWA ref- country moms and dads are striving to provide years of study, effort, and public comment, I ugee camps have not been offered any form a bright future for their children. Parents who am proud to announce that today Senator of rehabilitation anywhere, and this is pre- own small businesses or family farms put JOHN WARNER and Congressman BOB GOOD- cisely the reason that the camps have be- years of sweat and blood into making them LATTE and I are introducing legislation to cre- come the incubators for so many suicide prosper so they will have something to leave ate the Cedar Creek Battlefield and Belle bombers. Thus, a peaceful resolution of the behind for their children. Here in America, Grove Plantation National Historical Park. The conflict continues to be stymied by the vio- dreams really do come true as individuals concept for the establishment of a new na- lent consequences of a decades-old policy of work hard to achieve great success. But here tional park in the Shenandoah Valley was one deliberately neglecting the Palestinian ref- in America, we are also cursed by an offen- of the key recommendations within the Man- ugee problem and of deferring its resolution until some far-off future date. Today, for the sive tax penalty that often forces families to agement Plan for the Shenandoah Valley Bat- sake of peace, the UN and the international lose these small businesses and family farms. tlefields National Historic District. community must reverse their long-standing Last year when President Bush signed the This legislation is the result of work from a and destructive Palestinian refugee policies Economic Growth and Tax Relief Reconcili- broad range of interest groups including the and offer a dramatic and new humanitarian ation Act of 2001 into law, Americans were National Park Service, local partner organiza- vision to the Palestinian refugees in the pleased to know that this curse, commonly tions, locally elected officials, local landowners UNRWA camps and elsewhere. called the death tax, would finally be termi- and others. I want to recognize their efforts to nated by 2010. What many did not realize is produce this legislation. I believe the strength f that this tax is scheduled to come back from of this legislation lies with this widespread the dead to haunt us January 1, 2011. public interest. A TRIBUTE TO COLONEL JAMES W. If a farmer or small business owner dies on Legislation for the new park is an outgrowth DELONY OF THE UNITED STATES December 31, 2010, no death tax will be of a bill sponsored by Senator WARNER and ARMY CORPS OF ENGINEERS charged. But if that person dies just one day the late Congressman French Slaughter in later, the government will once again be there 1988 and the law passed in 1996 which estab- to offer its condolences by charging up to a 60 lished the Shenandoah Valley Battlefields Na- HON. MIKE McINTYRE percent tax on the value of the farm or busi- tional Historic District sponsored by Senator ness. Instead of the final wishes of the de- WARNER and myself. The local citizen-based OF NORTH CAROLINA ceased family member being honored with re- commission established for the Battlefields IN THE HOUSE OF REPRESENTATIVES spect, the government just wants more money District recommended that Cedar Creek Bat- to waste in Washington. tlefield be established as a new national park. Thursday, June 13, 2002 After 2010, Americans who pay taxes their The accompanying Park Service study found entire life will be taxed one final time when in fact only Cedar Creek met the criteria to be Mr. MCINTYRE. Mr. Speaker, it is with great they die. No taxpaying citizen deserves to designated a national park. pleasure that I rise today and honor Colonel have the fruit of their labor taxed twice. Originally conceived as purely a battlefield James W. DeLony of the United States Army Just two months ago the House passed a park, the local stakeholders expanded the vi- Corps of Engineers. On June 13, 2002, Colo- bill that would make last year’s tax cut perma- sion to include a broader scope of history. The nel DeLony retired after serving the people of nent. Unfortunately, some politicians don’t new park will preserve and interpret the rich this great nation for over twenty-eight years. want to see this money leave Washington and story of Shenandoah Valley history from early James DeLony was a decorated officer, who have made every effort possible to obstruct settlement through the Civil War and beyond spent his career ensuring that the freedoms doing away with this tax. That is why we are and protect the historic landscape which fea- the United States holds dear are protected. once again discussing this matter. tures panoramic views of the mountains, nat- Throughout his illustrious career, Colonel Any vote in opposition to permanently elimi- ural areas, and waterways in the northern DeLony was honored with the Legion of Merit nating the death tax is a vote in favor of high- Shenandoah Valley. Award, Bronze Star Medal, five Meritorious er taxes for millions of Americans. Whether we Importantly too, the other nine Civil War battlefield sites within the Shenandoah Valley will Service Medals, two Army Commendation make last year’s tax cuts permanent with one benefit from the national park designation in Medals, two National Defense Service Medals, vote or a dozen votes, I will continue fighting the valley and increase in tourism at the new Joint Meritorious Unit Award, Saudi Arabia/Ku- against raising taxes for my constituents in park, but each will continue to be protected wait Liberation Medal, two Humanitarian Serv- Kansas. I urge my friends and colleagues to join me today in voting to permanently kill this and managed locally. ice Awards, Senior Parachutist Badge, Air As- The proposed park boundary includes ap- sault Badge, and the Ranger Tab. disgraceful tax burden imposed on families during their time of grief. proximately 3,000 acres at the intersection of As Commander of the Wilmington District The death tax issue is not about how many Frederick, Shenandoah and Warren counties United States Army Corps of Engineers, Colo- rich or poor people have to pay a certain tax. and is based on the 1969 boundary establish nel DeLony continued to serve the people by It is about the inherent impropriety of taxing for the Cedar Creek and Belle Grove National managing many civil works projects in south- death. Whether a person is rich, middle-class, Historic Landmark. Today, of the 3,000 acres, eastern North Carolina. Without the dedication or poor, it is wrong to tax the dead. Shenandoah County and three private preser- and determination of Colonel DeLony, many of I was proud to cosponsor the Permanent vation groups, including Belle Grove Planta- these projects would not have been possible. Death Tax Repeal Act of 2001 last year, and tion, collectively protect nearly 900 acres with- From the Wilmington Port to the Brunswick, I look forward to its passage today. When I in the park boundary. New Hanover, and Pender County beaches, talk to Kansas farmers, agriculture producers, For years it has been the burden of local or- his commitment has been unwavering and business owners and others who have in- ganizations to protect, honor, and interpret steadfast. vested wisely, I consistently get the same these nationally significant lands. Given increased development pressure, federal in- We owe Colonel James W. DeLony our sin- message: don’t tax us when we die. The American people are tired of Wash- volvement is needed to help support the local cere appreciation for his twenty-eight years of ington taxing and spending their money, and efforts, to preserve historic lands for future committed service to our nation. His devotion one of the most egregious actions this Con- generations, and to ensure continued high to the people of the United States should gress can do is allow the death tax to come quality interpretation of the area. serve as an example to us all. back to haunt us again. This park is a model for a new type of na- May God bless him and his family, and may Mr. Speaker, let’s bury the death tax for tional park for the future. A key provision al- God bless this great nation. good. lows all landowners to continue their right to

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.012 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1051 sell their land whenever and to whomever they Under 26 years of outstanding direction by TRIBUTE TO MS. JOANNE CARTER choose. The keys to this model are: Artistic Director Barry Hemphill, the TMC has A national park based on partnerships and performed in a colorful array of venues from HON. BARBARA LEE local community involvement. the Kennedy Center to Constitution Hall and in OF CALIFORNIA A park where private organizations, families, various locations throughout the world. A num- IN THE HOUSE OF REPRESENTATIVES and individuals will continue to live, work, and ber of these shows were performed for free play within the boundary, and given at special early times specifically for Thursday, June 13, 2002 A park that shares with visitors the full the elderly. Through actions such as these, Ms. LEE. Mr. Speaker, I rise today to pay range of its cultural and natural history. TMC has proven its dedication to the develop- tribute to and express my high regard of Ms. A park created by the local community for ment and promotion of the performing arts in Joanne Carter, the Legislative Director of RE- the benefit of this and future generations. Northern Virginia. SULTS. The park also will work with the community I applaud TMC’s many contributions and Since 1992, Joanne Carter has been the as land use and zoning decisions will continue wish them all the best at their season ending Legislative Director of RESULTS, an inter- to be administered by local authorities at the performance on June 24, 2002 at Lubber Run national grassroots citizen’s lobby whose pur- county or municipal levels. Amphitheater in Arlington Virginia capping off pose is to create the political will to end hun- There are several landowners who will be- a highly successful 35th Anniversary season. ger and the worst aspects of poverty, and to come key partners to the park by operating empower individuals as advocates with their independent anchor sites within the 3,000-acre f governments, the media and in their commu- park boundary that serve to collectively benefit A TRIBUTE TO DR. WINSTON nities. the visiting public. For example, the Cedar PRICE RESULTS has active chapters in over 100 Creek Battlefield Foundation will continue to U.S. cities and in the UK, Canada, Japan, host the annual Battle of Cedar Creek Reen- Australia and Germany. RESULTS works on a actment Weekend and other events and the HON. EDOLPHUS TOWNS range of international and domestic issues— Belle Grove Plantation will continue to be OF NEW YORK including expanding basic health programs to open to the public as a private museum hold- IN THE HOUSE OF REPRESENTATIVES combat TB, AIDS and other major infectious ing living history, education, and charity events Thursday, June 13, 2002 killers, access to microcredit loans to allow within the new park. In addition, Shenandoah very poor women to start their own busi- County has plans to develop a light recreation Mr. TOWNS. Mr. Speaker, I rise in honor of nesses, reform of World Bank, health policy, county park with hiking trails and scenic over- Dr. Winston Price for his commitment to help- and expanded access to Head Start preschool looks on nearly 150 acres along the North ing others. programs and quality early child care in the Fork of the Shenandoah River within the na- After completing his training at Cornell Med- U.S. tional park boundary. ical College and New York Hospital, Dr. Price Prior to joining RESULTS’ staff in 1992, Jo- Local involvement has played a key role in began practicing pediatrics in Brooklyn in anne Carter coordinated RESULTS grassroots the crafting of the park legislation. The adja- 1978. He also served as a Medical Director for activity for New York and the northeast region cent towns of Middletown and Strasburg en- Aetna US Healthcare and for the Pediatric of the U.S., and was a practicing veterinarian. thusiastically endorsed the creation of the new Ambulatory Department at SUNY Health She holds a DVM (Doctor of Veterinary Medi- national park. Private landowners within the Science Center in Brooklyn. Dr. Price is cur- cine) degree from Cornell University and has proposed boundary shared thoughts and ideas rently an Assistant Professor of Clinical Pedi- done graduate research in reproductive physi- on ways to ensure private property rights and atrics at the SUNY Health Science Center in ology. She has served as a VISTA volunteer quality of life and these important themes Brooklyn as well as the Chief Medical Consult- and as a recruiter for the Peace Corps. have been included within the legislation. The ant for V CAST II International, a medical in- As many know, I have worked diligently on concept Is for this to be a local park first and formation systems and technology company. the global AIDS, TB and malaria crisis. As I foremost—park that is part of and benefits the He has also been a medical advisor and lec- have worked with my colleagues in the Con- local Shenandoah Valley community. turer with the Cornell Cooperative Extension gress and with health experts, people living and New York Department of Social Services. f with AIDS, TB or malaria, and the activist Dr. Price sits on many committees including community, Joanne has been a key figure in HONORING THE METROPOLITAN the Board of Trustees of the National Medical helping me get people organized and sound- CHORUS Association and he chairs the Informatics Sub- ing the clarion call. She understands so well committee. He serves on a committee of the the moral obligation and responsibility of HON. JAMES P. MORAN American Academy of Pediatrics as well as a wealthy governments and all of us, as individ- OF VIRGINIA committee of the National Committee for Qual- uals, to do all that we can to make a dif- IN THE HOUSE OF REPRESENTATIVES ity Assurance. Dr. Winston Price was also ap- ference in stopping these horrific diseases. pointed to the Administrative Review Board of Thursday, June 13, 2002 Tonight it gives me great pleasure to honor the New York State Department of Health and Joanne. Please know that I stand with you in Mr. MORAN of Virginia. Mr. Speaker, I rise served on that 5-member appellate board. this fight and look forward to our continued today to recognize the accomplishments of Dr. Price has also taken a special interest in work on these important priorities. The Metropolitan Chorus (TMC), a community serving the needs of abused women and chil- f symphonic chorus located in Arlington, Vir- dren. He has remained an active advisor to ginia. This season marks the 35th anniversary the parenting program of Brooklyn and serves 90TH ANNIVERSARY OF THE GIRL of the organization’s founding. on the Board of the National Committee to SCOUTS As the only community symphonic chorus Prevent Child Abuse and Neglect in New York based in Arlington County, TMC remains a State. He also serves on the Committee on HON. BILL SHUSTER visible force in Virginia’s 8th Congressional Proactive and Ambulatory Medicine (COPAM) OF PENNSYLVANIA District and plays a leading role in the cultural of the American Academy of Pediatrics as well IN THE HOUSE OF REPRESENTATIVES life of the region. This 90-member chorus of- as the PPAC Committee of the National Com- fers residents the opportunity to perform a mittee for Quality Assurance (NCQA). He co- Thursday, June 13, 2002 wide range of music, with pieces spanning the authored the American Medical Association Mr. SHUSTER. Mr. Speaker, I rise today to Renaissance period through the 21st century. Guide on the Treatment and Prevention of offer my congratulations to the Girl Scouts In the wake of the tragic events of Sep- Sexual Assault. who are celebrating their 90th anniversary this tember 11th, the TMC provided assistance to Even with all of these commitments, Dr. year. Just this past weekend thousands of Girl grieving citizens by organizing and conducting Price is an active member of several other or- Scouts converged upon the National Mall. to the Chorus and the Arlington Symphony Or- ganizations including the Office of Professional celebrate this anniversary and to pay respect chestra in Arlington’s Day of Remembrance Medical Conduct and the Medical Society of to the values and ideas that the Girl Scouts and Appreciation. Featuring many local and the State of New York. has infused within them. state dignitaries, the tribute honored the vic- Mr. Speaker, Dr. Winston Price is dedicated Today there are 2.7 million Girl Scouts tims and emergency rescue personnel of the to improving health care in the community. I across the United States. Through the Girl Pentagon attack. This rousing event lifted the hope that all my colleagues will join me in Scouts these young women are provided the spirits of all who were in attendance. honoring this remarkable person. opportunity to serve others while at the same

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.016 pfrm04 PsN: E14PT1 E1052 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 time discovering their own full potential. This half of the organization as it exists today, casting 10 1/2 hours a day to Afghanistan in organization infuses young women with core but also on behalf of its achievements during response to that crisis. Next week, we will values and sound decisionmaking. the Cold War and its importance as a fight- broadcast the Loya Jirga’s deliberations The Girl Scouts is also an educational expe- ing force in promoting freedom and democ- live! Just as importantly, we have also es- racy in the future, applying the highest jour- rience for young women. They engage in ac- tablished a program to train Afghan journal- nalistic standards of accuracy, balance, and ists in Kabul and Prague to help ensure that tivities that teach them about technology, objectivity. the new Afghanistan will be graced with a science, money management, as well as Radio Free Europe/Radio Liberty has been robust free press practicing the highest of health and fitness. All of this is accomplished battling for the cause of free speech and ex- professional standards. while these young women build friendships pression for over 50 years. In closing, it is a particular honor, both for and bonds that will last a lifetime. My colleagues and I will continue to fight me personally and for the organization I rep- The results are there as well. Over two- as long as this most fundamental of freedoms resent, to receive this award from an organi- is being controlled or suppressed in the coun- zation bearing the Roosevelt name. As Presi- thirds of Girl Scout alumni are doctors, law- tries to which we actively communicate via yers, educators and community leaders. They dent, Franklin Roosevelt instilled human radio, Internet, and television. rights in our collective consciousness and in- are out in our communities making a dif- Heading an entity called ‘‘Radio Free Eu- jected human rights into the center of our rope,’’ I am often asked, ‘‘But isn’t Europe ference and using the values they learned foreign policies. free?’’ It is true that the collapse of com- from their days as Girl Scouts to positively in- So did Eleanor Roosevelt through her tire- munism and of the Soviet Union has brought fluence our world. less work helping to create the Universal freedom to many parts of Europe that had I doubt that Juliette Gordon Low had any Declaration of Human Rights. It is no coinci- been deprived of it for too long. However, idea how successful the Girl Scouts would be dence that a 1950’s photograph of the former suppression of speech, press, and assembly, First Lady of the United States sitting in when she held that first meeting in her living sadly remains very much the rule on the Eu- front of a Radio Liberty microphone adorns room back in 1912. Mrs. Low formed the orga- ropean continent. nization in an attempt to provide young In Russia, for example, the Kremlin seems my office wall in Prague. women with the opportunity to develop phys- increasingly determined to control as much And it is Article 19 of the Universal Dec- laration that is the motto of Radio Free Eu- ically, mentally and spiritually. All one has to of the media as possible. Most recently, the government has coercively placed under its rope/Radio Liberty, indeed all of United do is to look back over the Girls Scouts’ long States international broadcasting. and illustrious history to see how successful control several prominent independent media outlets, from television to radio to It is a simple, but compelling and timeless Mrs. Low has been. print, cloaking these power grabs as business pronouncement—‘‘Everyone has the right f transactions. More ominously, over the . . . to seek, receive, and impart information course of the last two years in Russia, 36 and ideas through any media and regardless COMMENDING RADIO FREE EU- journalists have been killed or have dis- of frontiers.’’ ROPE/RADIO LIBERTY ON RE- appeared. And last week Russia’s Minister of This motto appears on our stationery, in CEIVING FREEDOM OF SPEECH the Press Lesin, in response to our daily all of our literature, on prominently placed MEDAL news broadcasts in the Chechen language, hall plaques. It symbolizes everything we warned us to stop interfering in Russia’s do- strive to achieve. mestic affairs. The more than 2,000 worldwide staffers of TOM LANTOS The President of Ukraine is no friend of Radio Free Europe/Radio Liberty are eter- OF CALIFORNIA the first freedom. He is a likely suspect in nally grateful for receiving one of this year’s IN THE HOUSE OF REPRESENTATIVES the death of at least two reporters who dared Four Freedom awards. I promise this Foun- Thursday, June 13, 2002 criticize his administration for corruption dation and this distinguished audience that and criminality. He is certainly responsible we shall energetically continue our mission Mr. LANTOS. Mr. Speaker, although free- for a culture of fear that pervades the of promoting freedom and democracy today dom and democracy are integral elements in Ukrainian media environment. — in order to expand freedom and democracy the political systems of many countries, basic The nation of Belarus is now under the tomorrow. freedoms are still denied in many others and thumb of the dictator Alexander Thank you very much. are not fully institutionalized in still others. Lukashenka, a man who openly expresses ad- THOMAS A. DINE, Radio Free Europe/Radio Liberty targets these miration for Stalin. Lukashenka ceaselessly President, RFE/RL, Inc. harasses the press; deaths and disappear- areas, including Eastern Europe, the Middle ances of journalists have taken place in f East, Central Asia, Russia, and other former Belarus as well. RECOGNITION OF CHIEF DEPUTY communist states, in order to promote free And a final contemporary example of the speech and political dialogue. dismal condition of freedom of expression in- DANNY CHANDLER For more than fifty years, the organization side today’s Europe exists in the Balkans, has tirelessly supported free-thinking, freedom where Serbia, Croatia, Macedonia, and Bos- HON. SAM JOHNSON nia are still not out from under the intimida- of expression, and democracy. Recently, the OF TEXAS tion and controlling state grip of the broadcasts have even been expanded to in- Milosevic era. IN THE HOUSE OF REPRESENTATIVES clude and specifically target areas with large In response to the specific challenges we Thursday, June 13, 2002 Muslim populations. In recognition of this his- face in this young century, Radio Free Eu- tory of work, the Franklin and Eleanor Roo- rope/Radio Liberty has expanded the scope of Mr. SAM JOHNSON of Texas. Mr. Speaker, sevelt Institute awarded the ‘‘Freedom of its broadcasting across Europe and Asia. it is an honor to bring to the attention of my Speech Medal’’ to Radio Free Europe/Radio These broadcasts address the most difficult, colleagues a True Texas Hero, Chief Deputy Liberty on June 8. but perhaps the most thrilling, battle yet for Danny Chandler. Mr. Speaker, I wish to congratulate Radio free speech: in areas populated by Muslims in On behalf of the people of the Third District Southeast Europe, Russia, the northern and of Texas, I want to congratulate him on his Free Europe/Radio Liberty on receiving this southern Caucasus, Central Asia and South- award and recognize its outstanding work in west Asia. promotion to be the first-ever Director of the promoting freedom. I earnestly commend the The terrorist attacks of September 11th Office of Security and Emergency Manage- following acceptance speech given by my dear highlighted for all of us the importance of ment in Dallas. friend Thomas A. Dine, the President of RFE/ the Muslim world in today’s geopolitical America is a whole different country since RL, Inc., and request that the speech be landscape. Accordingly, a majority of Radio September 11. This is a different kind of war placed in the RECORD. Free Europe/Radio Liberty’s current 33 lan- with a different kind of enemy. That is why guages are targeted to peoples that practice Dallas has taken the lead to win the war for ACCEPTING THE FREEDOM OF SPEECH MEDAL, the Islamic religion. ROOSEVELT STUDY CENTER MIDDELBURG, Our broadcasts now include Albanian and freedom, both at home and abroad. I know he THE NETHERLANDS Bosnian to the former Yugoslavia; Tatar and will do a fine job heading that effort. Thank you for this wonderful, deeply Bashkir to Russia’s Volga River region; Cri- The Commissioners Court of Dallas County meaningful award. It is a great, great honor mean Tatar to Ukraine; Avar, Chechen, and could not have picked a better leader. Starting to receive the Roosevelt Foundation’s 2002 Circassian to Russia’s North Caucasus; Azeri as a Deputy Sheriff in 1973, Chief Chandler Freedom of Speech medal. No name better to Azerbaijan and Northern Iran; the lan- dedicated 29 years of his life to the Dallas animates and exemplifies the work of Radio guages of Kazakh, Kyrgyz, Turkmen, Tajik, County Sheriff’s Department. Free Europe/Radio Liberty and its daily and Uzbek to Central Asia; Farsi throughout commitment to freedom and democracy than Iran; Arabic to Iraq; and now Dari and A highly decorated officer, he has put the Roosevelt. Pashtu to Afghanistan. lives and safety of others before his own. It’s As President of Radio Free Europe/Radio I am particularly proud of the latter two, no wonder that Dallas Morning News named Liberty, I accept this award not only on be- Dari and Pashtu, in which we are now broad- him a ‘‘Special Angel.’’

VerDate 112000 02:36 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.020 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1053 Mr. Speaker, it is my privilege today to rec- They have helped protect the very freedoms On the night of Sept. 4, 1944, Army Pvt. ognize the courage and service of Chief Chan- we all hold dear. Rather than simply pushing Merli was manning a machine gun when Ger- dler. His selfless sacrifice, hard work and dedi- them out the door upon retirement, we should man forces attacked near Sars la Bruyere, Belgium. The outnumbered U.S. forces began cation to his community are an example to us reward their service by providing modest as- their retreat, but Pvt. Merli held his posi- all. The people of Dallas and the surrounding sistance for their final change of station move. tion, providing cover fire. Under attack with communities are blessed to have his leader- That is exactly what Military Retiree Disloca- his fellow soldiers dying around him, he ship and commitment to our neighborhoods. tion Assistance Act does. played possum. Chief, you have my admiration and support f When the Germans turned their attention as you protect our Great State in the fight for to the retreating men, Pvt. Merli rose from freedom. A TRIBUTE TO FLORUS WILLIAMS the ground and fired, repeating the ploy God bless you and God bless America. again and again. When he returned from World War II, his f HON. SAM FARR duty became serving other veterans. For 34 THE MILITARY RETIREE OF CALIFORNIA years, he was an adjudication officer at the IN THE HOUSE OF REPRESENTATIVES VA Medical Center in Plains Township. DISLOCATION ASSISTANCE ACT When veterans, unaware of Mr. Merli’s Thursday, June 13, 2002 record, talked about their war experiences, HON. WALTER B. JONES Mr. FARR of California. Mr. Speaker, I rise he never mentioned his own. ‘‘He never put himself or his experiences OF NORTH CAROLINA today to honor Mr. Florus Williams who against anyone else’s,’’ explained friend and IN THE HOUSE OF REPRESENTATIVES passed away in April. Mr. Williams, a highly Marine veteran Ike Refice. ‘‘You never saw Thursday, June 13, 2002 decorated community member for many years, him point to himself or say ‘Look at me. I is survived by his wife of 63 years, Frances, have this medal.’’’ Mr. JONES of North Carolina. Mr. Speaker, four children, 20 grandchildren, and 17 great- Not much changed in the time since he re- I rise today to introduce a common sense grandchildren. ceived a hero’s welcome in Scranton in 1945 piece of legislation to help our military retirees. Mr. Williams was born in Fresno, CA, on or walked the beaches of Normandy with As my colleagues know, service members and January 2, 1916, but he lived in Pacific Grove, Tom Brokaw in 1984. their families will move many times in a typical in my district, for 79 years. He served on the In 1945, he told a cheering crowd of 500 peo- military career. These permanent changes of ple at the Hotel Casey that he’d ‘‘rather be Pacific Grove City Council from 1971 to 1986 on the battlefield any day than make a station or PCS often involve considerable ad- and served as mayor of Pacific Grove from ditional expense, including the loss of rental speech.’’ 1976 to 1986. Mr. Williams also served as Yet, in a letter he sent to admirers, he deposits, connecting and disconnecting utili- foreman of the Monterey County Grand Jury wrote that he may have been motivated by ties, and wear and tear on household goods. from 1987 to 1988 and was a member of Ma- ‘‘my dead buddies or my hatred of war.’’ To help defray these additional costs, Con- sonic Lodge 331 in Pacific Grove. He was NBC News anchor and author Tom Brokaw gress in 1955 adopted the payment of a spe- also a recipient of the Masons’s Hiram Award remembers Mr. Merli always talking of other cial allowance—a dislocation allowance. This soldiers, rather than himself. for his excellent service to the community. ‘‘He was a reluctant warrior, full of mod- was done to recognize that duty station Mr. Williams was known for his firm convic- changes and resultant household relocations esty and humility,’’ Mr. Brokaw said. ‘‘The tions. He truly believed in his work, and fact that he went to a church and prayed for are due to the personnel management deci- worked to improve the quality of life on the men he had killed through the night was sions of the armed forces and not the indi- Central Coast. His admirable career of public typical of him.’’ vidual service members. This amount was in- service was dedicated to the citizens of Pacific Mr. Merli was an inspiration for Mr. creased in 1986 and again in recent years. Grove, and his contributions have made a sig- Brokaw’s book ‘‘The Greatest Generation.’’ The two met often. When Mr. Brokaw began This is an important benefit for our military nificant impact. I, along with the Central Coast members. writing his book about ordinary people doing community, would like to honor the life of Mr. extraordinary things, he said he was think- However, as important as this benefit is, Florus Williams, whose dedication and con- there is a category of service members who ing about Gino Merli. tributions will be greatly missed. ‘‘I came to love him,’’ Mr. Brokaw said. are not eligible to receive the dislocation al- f Mr. Merli helped change how local people lowance—the military retiree. This is despite defined ‘‘American.’’ the fact a vast number are subject to the REMEMBERING WORLD WAR II During World War II, Italy’s alignment same expenses as their active duty counter- HERO GINO MERLI, MEDAL OF with Axis countries stoked anti-Italian and part. In August 2000, the Marine Corps Ser- HONOR WINNER antiimmigrant sentiments. Italian Ameri- geant Major Symposium recommended the cans often found their patriotism questioned. payment of dislocation allowances to retiring Gino Merli’s heroics helped many in Lackawanna County see beyond ethnicity, members, who in the opinion of the Sergeants HON. PAUL E. KANJORSKI OF PENNSYLVANIA said his son, Gino Merli Jr. Major, bear the same financial consequences ‘‘When people saw my father come home on relocating as those still on active service. IN THE HOUSE OF REPRESENTATIVES and heard what he did, it changed their per- Military retirees must often seek employ- Thursday, June 13, 2002 ception about what it means to be Amer- ican,’’ he said. ‘‘People saw the first- and ment not knowing what opportunities exist in Mr. KANJORSKI. Mr. Speaker, I rise today the civilian world, where those opportunities second-generation immigrants sacrificing to honor the memory of a great American, life and limb for the United States and for are located, what the pay will be, or what pos- Gino J. Merli of Peckville, PA. Mr. Merli sibilities are available for spousal employment. freedom.’’ passed away Tuesday at the age of 78, and In 1994, Mr. Refice and Mr. Merli visited Retirees are sometimes faced with the pro- with his passing, we have lost a true American Europe to retrace their steps through Eu- spective employers who offer less wages hero. rope. Oddly, the rural area where Mr. Merli knowing they are in receipt of retirement pay, I would like to insert here the two articles held back Nazi troops was unchanged. They met a Belgian man who, at the age of and falsely believing that retirees don’t need which appeared in the Scranton Times and the same salary as civilians for the same posi- 16, watched Mr. Merli confound the Nazis Tribune on Wednesday about Mr. Merli, who again and again. During their visit, the town tion. Additionally, the military retiree will have exemplified the best of America’s ‘‘Greatest to meet the same financial demands for mort- put a monument in the village common Generation.’’ thanking Mr. Merli. gages, insurance, taxes, and food on a small- In his final days, he still shied away from WWII HERO GINO MERLI DIES er income. speeches. But he did like to stand before a For those reasons, I am introducing the Mili- (By David Falchek) crowd for one purpose, Mr. Refice said. He tary Retiree Dislocation Assistance Act. This Gino Merli didn’t embrace fame or his role enjoyed leading a crowd in the Pledge of Al- legislation would help ease the transition into of war hero. legiance. retirement by amending 37 USC § 407 to au- Yet he accepted them as he lived his life, Lately, Parkinson’s disease and a heart thorize the payment of a dislocation allowance with a sense of duty. ailment held him back. So the man who rarely talked about the to all members of the armed forces retiring or As a final encore last Saturday, the His- event that earned him the Medal of Honor tory Channel showed Roger Mudd’s special transferring to an inactive duty status such as responded to every letter praising him for on the Big Red One, the first infantry divi- the Fleet Reserve or Fleet Marine Reserve. his heroic deeds. sion, which featured Mr. Merli. The vast majority of these retirees have given Mr. Merli died Tuesday at his Peckville In letters he sent to admirers, Mr. Merli our Nation over 20 years of dedicated service. home. He was 78. wrote:

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A13JN8.021 pfrm04 PsN: E14PT1 E1054 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 ‘‘Not everyone can be a Medal of Honor re- IMPLEMENTING LEGISLATION FOR exporters of listed substances to provide prior cipient. But everyone can take pride in him- THE STOCKHOLM CONVENTION, notice to EPA of all exports and to include ad- self—have pride in his heritage. We must al- THE ROTTERDAM CONVENTION, ditional labeling, and the bill similarly amends ways keep trying to better ourselves and our AND THE PROTOCOL TO THE 1979 FIFRA to prohibit the use, sale and expor- surrounding and we must never quit. Always CONVENTION ON LONG-RANGE tation of the prohibited or restricted chemicals remember America is you and me.’’ TRANSBOUNDARY AIR POLLU- that are pesticide active ingredients. TION ON PERSISTENT ORGANIC Today, I am pleased to introduce by request POLLUTANTS the Administration’s legislative package that, MERLI HELD POSITION SO HIS UNIT COULD once enacted, will allow the United States to ESCAPE HON. PAUL E. GILLMOR ratify the underlying treaties. As the chairman (By David Falchek) OF OHIO of the Environment and Hazardous Materials At age of 18, Gino Merli was barely an IN THE HOUSE OF REPRESENTATIVES Subcommittee of the Committee on Energy adult and hadn’t even graduated from high Thursday, June 13, 2002 and Commerce, I look forward to working with school. the administration, my colleagues in the Mr. GILLMOR. I am pleased to join my col- House and other body, and all interested par- Yet he became a hero. league, Mr. GOODLATTE, in introducing today ties, in putting a package together that we can Before he faced his greatest challenge as a by request the Administration’s implementing send to the White House soon. As we pro- gunner with the 1st Infantry Division, he had legislation for the Stockholm Convention on ceed, I will keep an open mind on the need to survived landing on Normandy and two sub- Persistent Organic Pollutants, the Rotterdam make improvements to the bill I’m introducing sequent battle injuries. Convention on Prior Informed Consent Proce- today. This can and should be bipartisan legis- Pvt. Merli was a machine gunner near Sars dure for Certain Hazardous Chemicals and lation that will demonstrate the United States’ la Bruyere, Belgium, on the night of Sept. 4, Pesticides in International Trade, and the Pro- leadership in the international environmental 1944, when German forces attacked. tocol to the 1979 Convention on Long-Range arena. As the outnumbered and outgunned GIs Trans-boundary Air Pollution on Persistent Or- started retreating, Pvt. Merli held his posi- ganic Pollutants. f tion to provide cover fire as a tightening cir- The Stockholm Convention was adopted on A TRIBUTE TO STEVEN cle of German troops closed in on him. Trac- May 22, 2001, after many years of inter- er bullets and grenades blew up before him. national negotiation under the auspices of the KAPLANSKY: A TRUE NEW YORK- His assistant gunner was killed, the cooling United Nations Environment Programme, ER system of his gun was destroyed and death UNEP, and it establishes an international appeared certain. He slumped next to his framework for regulating the production, use, HON. EDOLPHUS TOWNS dead colleagues, feigning mortal injury. Ger- and disposal of persistent organic pollutants, OF NEW YORK man soldiers poked the bodies and turned including polychlorinated biphenyls, PCBs, and IN THE HOUSE OF REPRESENTATIVES them over with bayonets. Pvt. Merli didn’t dioxin. The United States signed the Stock- Thursday, June 13, 2002 budge. holm Convention over 1 year ago, along with When the Germans advanced to pursue over 110 other countries, but the United Mr. TOWNS. Mr. Speaker, I rise in honor of U.S. troops, Pvt. Merli sprang up, shooting States cannot ratify the treaty until the Senate Steven Kaplansky in recognition of his long in all directions. As new waves of Germans provides its advice and consent, and until suf- time commitment to his community. approached, he repeated the shot/play dead ficient authority has been granted through Steve was born in Manhattan and he grew sequence. Federal legislation to ensure that the man- up in Queens, amidst the historic Bowie In a speech in Scranton in 1945, Sgt. Milton dates of the agreement can be enforced. House and Quaker Meeting Hall. Here, Steve V. Kokoszka recalled that horrible night. On April 11, 2002, the Secretary of State learned important lessons of cultural diversity ‘‘I saw (Pvt. Merli) had not been taken and the Administrator of the Environmental and love of community, which he took with prisoner and after we moved some distance I Protection Agency, EPA, submitted to the him throughout his life. He went on to receive would hear our machine gun open fire Congress legislation to implement the Stock- his college education at Long Island Univer- again,’’ he said. ‘‘I saw different enemy holm Convention, the Rotterdam Convention, sity, where he majored in sociology and his- groups move into the emplacement and each and the Protocol to the 1979 Convention on tory. He earned his masters degree from the time the gun would stop, and then start fir- Long-Range Transboundary Air Pollution on Hunter School of Social Work, and became a ing again as soon as they left. He had pre- Persistent Organic Pollutants. This legislation New York State certified social worker. tended to be dead.’’ amends the Toxic Substances Control Act, Aside from two years which he spent build- During the night, he watched a silhouette TSCA, as well as the Federal Insecticide, Fun- ing community centers in Florida, Steven of a German soldier in the moonlight. The gicide and Rodenticide Act (FIFRA) by pro- Kaplansky has spent his entire professional German knew his routine, Pvt. Merli viding the EPA with the authority to eliminate career in New York City. As an assistant di- thought, and was waiting for him to move. or restrict the production, use and release of rector of the Flushing YHMA, he developed Although technically the enemy, Pvt. Merli 12 chemicals that can adversely affect human programs with the Lexington School for the felt a connection to the soldier he referred to health because they are toxic; they persist in Deaf and the Association For Help To Re- as ‘‘that German boy’’ for the rest of his life. the environment for long periods of time; they tarded Children, as well as an interracial youth The Germans sustained heavy losses at the circulate globally; and they biomagnify and ac- council with Baptist churches. In 1976, he be- nearby front, and 700 surrendered. The allies cumulate in foods consumed by humans. came the youngest executive director of a found Pvt. Merli the next day. He was cov- Specifically, the bill amends TSCA to pro- YHMA, and developed nontraditional pro- ered in the assistant gunner’s blood and his hibit or severely restrict the use of Aldrin, grams, such as enriched and senior housing clothing was in tatters from bayonet jabs. Chlordane, Dieldrin, Endrin, Heptachlor, for the elderly, the only kosher Battered Wom- Around him were 52 dead Germans, 19 di- Hexachlorobenzene, Mirex, Toxaphene, PCBs en’s Shelter in America, community services rectly in front of his gun. and DDT, while providing specific limited ex- programs for those being discharged from Pvt. Merli’s only request was to visit a emptions for their continued use. In the event mental institutions, interracial councils, neigh- church. that these chemicals continue to be used in borhood preservation projects and one of the He prayed for the men he had killed and accordance with an exemption, this legislation first local development corporations in New for the safety of the German soldier he had requires a certificate to accompany the chemi- York City. watched through the night. cals providing detailed information. The legis- Steven’s nonprofit work has been equally lation also provides EPA with the authority to impressive. He was instrumental in estab- Mr. Speaker, we see the bravery and dedi- collect additional information from manufactur- lishing the Sam Levenson Cultural Arts Foun- cation of Gino Merli being carried on today in ers to assist in evaluating additional chemicals dation and helped to establish One World One the men and women who are fighting our new for potential addition to the restricted list in the Heart, a nonprofit organization, which provides war on terrorism. All of us in Northeastern future, and to prohibit the exportation from the cultural, educational and neighborhood enrich- Pennsylvania are proud to claim Mr. Merli as United States of these banned or severely re- ment programs through music for commu- one of our own, and I join my fellow residents stricted products, unless the exportation com- nities-at-large. A one-time board member of of Northeastern Pennsylvania in sending best plies with specific conditions and restrictions the Local Development Corporation of East wishes and condolences to his family. established by the EPA. The bill also requires New York and a current board member of the

VerDate 112000 02:13 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.025 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1055 Brooklyn Bureau of Community Services, Ste- those men and women currently serving in our I have been working with and debating offi- ven was recently a of a Department of Em- armed forces, in particular those who are en- cials in the Administration on the merits of ployment study for job retention in the food in- gaged in the war against terrorism. privatizing government functions. As a mem- dustry in New York City. He is also a trustee My home state of Oregon welcomed ships ber of the House Armed Services Committee, for Local 348S Food and Commercial Workers from the U.S. Navy, U.S. Coast Guard and the I have been deeply concerned about the Union and the Director of the Koni Arts Foun- Canadian Fleet during our annual Rose Fes- outsourcing of military jobs for many months. dation. In addition, he has worked on environ- tival held this past week. I would like to thank Clearly, this is another attempt to bring the pri- mental issues, including water, power, and Captain Terry Bragg, Commodore Destroyer vate sector in to perform duties carried out by food waste, with both the city and the state. Squadron One, his staff and crew aboard the the civil service and other professionals. From the 1980’s until recently, Steven has USS Paul F. Foster. The Paul F. Foster and Mr. Speaker, I am not against the private worked for Blue Ridge Farms as the Govern- crew will soon be deployed in support of En- sector nor making a profit. But there are in- ment Community and Public Relations Direc- during Freedom. stances where making profits should be a to- tor, as well as the Personnel Director. He was Also I would like to thank Rear Admiral Er- tally secondary consideration. Profit must not instrumental in providing donations to the roll M. Brown, District Commander of the 13th be the bottom line in assuring public air travel community, including aiding at Ground Zero. Coast Guard District, the Men and Women safety. Furthermore, he helped the company save aboard the U.S. Coast Guard Cutter Hamilton Perhaps privatizing OMB would be a good over 500 jobs. He has also worked in food for their appearance at this event. next step. It might bring some level of com- banks, homeless shelters, block associations, I can assure you that the leadership, mo- mon sense to the Administration. local police councils, youth groups, and senior rale, and dedication of all the officers aboard f these ships were of the highest caliber as well centers. He currently is working with Aviation PERSONAL EXPLANATION Systems of New York to develop technology as those men and women who serve aboard to prevent explosions in airplanes, and is a these ships. I can truly, say, the defense of HON. BETTY McCOLLUM consultant to World Vision, Inc. a music man- our nation is in good hands when we have such professionals as those aboard the ships OF MINNESOTA agement and entertainment corporation. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Steven Kaplansky has spent that visited Oregon this past weekend. All his life working tirelessly on behalf of his com- serve our country with pride and all Americans Thursday, June 13, 2002 munity. As such, I urge my colleagues to join should be proud of them. Ms. MCCULLUM. Mr. Speaker, I would like me in honoring this truly remarkable man. When we ask people to put their lives on to officially state for the record that I incor- the line to protect our country, we have a pro- f rectly recorded my vote on rollcall No. 225 as found obligation to honor our promises to a ‘‘yea’’ vote. I intended to vote ‘‘no’’ against HONORING NATIONAL SMALL those whose service has kept our nation free. passage of the Tax Limitation Amendment to CITIES DAY The men and women who have served our the Constitution, H. J. Res. 96. country so honorably know best that freedom f is never free, that it is only won and defended HON. BOB BARR WEST GENESEE WILDCATS, 2002 OF GEORGIA with great sacrifices. Once again I want to extend my gratitude NEW YORK STATE LACROSSE IN THE HOUSE OF REPRESENTATIVES and pride to all the men and women who CHAMPIONS Thursday, June 13, 2002 serve our country, in the armed forces. Mr. BARR of Georgia. Mr. Speaker, Friday, You make us all proud. HON. JAMES T. WALSH June 14, 2002, marks the first ‘‘National Small f OF NEW YORK Cities Day’’ in honor of smaller communities of CONDEMNING THE PRIVATIZATION IN THE HOUSE OF REPRESENTATIVES our country. I would like to help make our col- AND COMMERCIALIZATION OF Thursday, June 13, 2002 leagues aware of this event and the significant OUR AIR TRAFFIC CONTROL SYS- Mr. WALSH. Mr. Speaker, I rise to celebrate role that small cities play in making up our TEM a victorious day for West Genesee High great Nation. School as both the men’s and women’s la- An overwhelming majority of Americans live HON. NEIL ABERCROMBIE crosse teams captured the New York State in cities with populations under 25,000. These OF HAWAII Lacrosse Division 1, Class A Championship ti- small cities form the backbone of our Nation IN THE HOUSE OF REPRESENTATIVES tles. It was a memorable day that will go down and contribute enormously to the character of Thursday, June 13, 2002 in history for the Wildcats, as both teams all Americans. It is in these cities that we find soared triumphantly to the top. the spirit of America in which we take so much Mr. ABERCROMBIE. Mr. Speaker, I join The day began as the women’s team trav- pride and give so much to protect. with my colleague, Mr. BLUMENAUER and the eled to Cortland, New York to defend their Living in a small city affords Americans the others, in condemning the executive order state title, and this is exactly what they accom- ability to involve themselves in the building of issued late last week which will allow our air plished. The team ended their undefeated a community through involvement with local traffic control system to be commercialized season with a 15–11 win. Later that afternoon schools, government, and the daily activities and privatized. at Hofstra University, the men’s lacrosse team which go into raising their community’s chil- We in Congress passed legislation strength- regained the State title with an exciting 10–9 dren to be responsible, virtuous citizens. ening our public transportation systems to help victory. As Coach Mike Messere stated ‘‘It was Small cities across America will be joining insure greater safety and the prevention of ter- one of the most exciting games I’ve seen.’’ each other today to recognize the contribu- rorism. We have recently federalized airport West Genesee Lacrosse has always had tions to our way of life made by their commu- security and baggage inspection. Are we, at the reputation for a stellar program, and as nities and those who live in them and help the same time, turning over absolutely essen- displayed this past weekend, the program con- them thrive. We should all join them in recog- tial air traffic control to the private sector, tinues to generate gifted athletes. These stu- nizing and thanking our citizens who comprise which utterly failed in airport security? How is dents work year-round to master the sport, these communities for all that they have done this going to increase public confidence in air and because of their relentless hard work, and continue to do every day. travel ? dedication, and passion for the game, they f It is outrageous to propose actually came out true champions. privatizing a government service as essential I am proud of these devoted athletes, and I RECOGNITION OF KEEPING THE as assuring the safe and orderly operation of commend the coaching staff, parents, and en- PROMISE the thousands of airline flights daily. When the tourage of supporters who traveled this long private sector cannot perform an important road with them. This type of outcome does not HON. DARLENE HOOLEY and vital service adequately, it becomes es- happen overnight, nor is it a result of just one OF OREGON sential that the government assure that it is season. It takes years of dedication to get IN THE HOUSE OF REPRESENTATIVES performed to public expectations. That has be- such results, and this entire team should be come the case with air travel. It flies in the proud of their accomplishments. Thursday, June 13, 2002 face of logic that any steps be taken toward I would like to acknowledge the athletes and Ms. HOOLEY of Oregon. Mr. Speaker, I rise dismantling the air traffic control system and coaching staff who brilliantly represented their today to express my sincere appreciation for turning functions over to the private sector. school, county, and state this past weekend:

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.027 pfrm04 PsN: E14PT1 E1056 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 For the women: Chrissy Zaika, Eileen dialogue, rarticipation and education, as a recently prepared a report on the Social Secu- Gagnon, Vanessa Bain, Shannon Burke, team in the Korean community. rity disability system that expresses concern Meghan Burgoon, Katie Donovon, Lindsey Rev. Kim’s efforts have earned him numer- about the OHA functions being buried too low Moore, Jackie Griffin, Kendall Tupper, Lindsey ous accolades and awards, such as the Asian in the agency, the need to elevate these func- Shirtz, Kelly Fitzgerald, Colleen O’Hara, Nicole American Heritage Award from the Borough tions to direct oversight by the agency leader- Motondo, Katherine Kenneally, Juilie Fabrizio, President of Brooklyn, the Distinguished Ecu- ship, and the need for greater ALJ function Kelly Kuss, Katherine DelPrato, Beth Elmer, menical Award from the Wesley McDonald independence. Charting the Future of Social Lindsey Hamann, Meghan O’Connell, Katie Holder Regular Democratic Club Women’s Security’s Disability Programs: The Need for Kozloski, Keelin Hollenbeck, Eileen Flynn, Caucus, and the Community Service Award Fundamental Change, January 2001, p. 19. Head Coach Bob Elmer, and Assistant Coach from Assemblyman Clarence Norman Jr. The current structure prevents the Commis- Erica Gerber. In closing, I would like to personally thank sioner from having effective oversight of the And for the men: Mike Malfitano, Dean Rev. Solomon Young-Min Kim for his stead- ALJ hearing process. The ALJ adjudication Mancini, Jake Bebee, Zack Forward, Jeff Mur- fast devotion to Brooklyn’s Korean community function should not be treated as a staff re- phy, Jed Bebee, Alex Cost, Kevin Hennigan, and I urge my colleagues to join me in hon- sponsibility in SSA. The ALJ adjudication func- Matt O’Connell, Andrew Hanover, Rob Lemos, oring this truly dedicated spiritual leader. tion is a major program of the agency with Mike Conklin, Cheney Raymond, Mark f every individual in this Nation being a potential Conklin, Pat McCormack, Chad Clark, Drew claimant within the SSA system. The SSA ALJ Dabrowski, Devin Burgoon, Kiel Moore, Mike INTRODUCTION OF ADMINISTRA- hearing system protects a constitutional right Solamon, Jim Mullaley, Andrew Sugar, Bill TIVE LAW ENHANCEMENT ACT of our citizens and provides a constitutionally Gleason, Casey Rotelia, Chris Bulawa, Brian OF 2002 protected due process hearing to members of Cummings, Matt Woolsbiager, Brian the American public. This vital process should Calabrese, Bob Toms, Mike Malone, Andy HON. GEORGE W. GEKAS have direct oversight from the Commissioner Zysk, Matt Cassalia, P.J. Burns, Head Coach OF PENNSYLVANIA and the Chief Judge should have direct inter- Mike Messere, Assistant Coach Bob Deegan, IN THE HOUSE OF REPRESENTATIVES action with the Commissioner. and Scorekeepers Melissa McCarthy, Shadia Thursday, June 13, 2002 Another major defect in the current OHA is Nesheiwat, Monica Macro, Kim Fischmann, created by the dual leadership responsibilities Danielle Wood, and Jessica Lebduska. Mr. GEKAS. Mr. Speaker, today I introduced of the Chief Judge and the Associate Commis- an important bill, the ‘‘Administrative Law f sioner. Frequently, these two leaders are com- Process Enhancement Act of 2002,’’ that re- peting for power to control the administrative TRIBUTE TO REVEREND SOLOMON forms the organization of the administrative ju- and/or policy decisions for the ALJ hearing YOUNG-MIN KIM diciary within the Social Security Administra- component of SSA that has deprived OHA of tion (‘‘SSA’’) by establishing an Office of Ad- strong, effective leadership. Several years HON. EDOLPHUS TOWNS ministrative Law Judges (the ‘‘Office’’) within ago, the Associate Commissioner attempted to OF NEW YORK SSA that is administered by a Chief Adminis- reorganize the responsibilities of the Chief IN THE HOUSE OF REPRESENTATIVES trative Law Judge (‘‘Chief Judge’’) who reports Judge and divest the Chief Judge of most of directly to the SSA Commissioner. the powers of that office, leaving the Chief Thursday, June 13, 2002 The national ALJ hearings function and Judge with some minor duties relating to judi- Mr. TOWNS. Mr. Speaker, I rise in recogni- hearings field operation that presently is within cial education and staff support for the Asso- tion of Reverend Solomon Young-Min Kim, a the SSA Office of Hearings and Appeals ciate Commissioner. The Associate Commis- well-respected leader in both the Brooklyn and (‘‘OHA’’) would be transferred to the office by sioner and the Deputy Commissioner of Queens communities. the proposed legislation. The Chief Judge ODISP also tried to compel the Chief Judge to Rev. Kim was born in Pusan, Korea. He re- would be in charge of the office, be appointed resign because he resisted the inappropriate ceived a Bachelor of Science degree in Metal- by the Commissioner for a term of six years diminution of his duties. This scheme was lurgy from Korea University and has studied at that is renewable once, and be subject to re- thwarted by the efforts of interested individuals the New York Theological Seminary, the moval only upon a showing of an enumerated and organizations together with the oversight Korea New Church Seminary, and the cause. The Associate Commissioner of OHA action of the Congress. Swedenborg School of Religion. would continue to administer the Appeals The lack of effective leadership and direc- Rev. Kim is the pastor of The Mirral Church Council. The changes proposed in the bill pro- tion of the OHA and reduction of the Chief in the Bensonhurst section of Brooklyn. He vide for a reorganization of the SSA that will Judge function also has resulted in an organi- has helped solve ethnic issues between the not result in any additional costs to SSA or the zation that has been deteriorating in its effi- Korean businessmen and the Black commu- government. ciency. For over 10 years, several reforms nity, by getting the Korean businessmen to Currently, the SSA is without a functioning have been imposed on the SSA hearing proc- employ more residents from the Black commu- Office of the Chief Administrative Law Judge. ess. Each attempt has resulted in failure. Sub- nity. He has also fostered relationships be- The functions for both the adjudication of ad- sequent to the latest reform, the HPI reorga- tween the Korean community and the Carib- ministrative claims by SSA administrative law nization in the hearing office process that was bean-American, Haitian, and Italian commu- judges (‘‘ALJs’’) and the appellate process for implemented in January 2000, the number of nities. Rev. Kim’s work with Brookdale Univer- the review of ALJ decisions by the Appeals case depositions have dropped while the case sity Hospital and Medical Center, as well as Council are located within the OHA. The ALJ processing time and the case backlog have in- with the Brookdale Hospital Schulman Institute portion of the OHA is under the dual leader- creased. The result has been poorer service Nursing Home, has allowed him to spend time ship of a Chief Judge and an Associate Com- for the American public. visiting the sick and the shut-in. He has also missioner of OHA. The position description of Better service for the American public by in- worked with the New York City Department of the Chief Judge places the Chief Judge in creasing case dispositions, reducing proc- Correction by providing spiritual guidance and charge of the national ALJ hearings function essing times, reducing case backlogs, and im- hope for a renewed life after prison to the pop- and hearings field operation of OHA. The As- proving decision quality will result from the ulation. Additionally, Rev. Kim helped organize sociate Commissioner of OHA is placed in proposed legislation, which will ensure effec- the Census 2000 effort in the Korean commu- charge of the national ALJ hearing function tive leadership of the ALJ hearings component nities of Bensonhurst, Bayridge, Flatbush, and the Appeals Council, and has major pol- of SSA. The ALJ hearings component of SSA East Flatbush, Flushing and Queens, as well icy-making and policy-implementation respon- will be treated as an organization that is re- as in New Jersey. sibilities for OHA. The Chief Judge reports to sponsible for administering a major agency Rev. Kim’s activism is also evident in his at- the Associate Commissioner of OHA, who in program. It no longer will be organized as a titude towards education. He formally supports turn reports to the Deputy Commissioner for staff function within SSA. The Commissioner an after-school program for Korean students in the office of Disability and Income Security will have direct oversight of the ALJ hearings Bayridge and Bensonhurst who are having a Programs (‘‘ODISP’’), who in turn reports to component of SSA, which is necessary to ef- tough time academically. But Rev. Kim’s com- the SSA Commissioner. fectively administer this important program that mitment to education extends to people of all In the current organization of SSA, the OHA provides constitutional due process hearings ages. In addition to the Korean Youth Festival, and the ALJ function are submerged in the bu- for the American public. The ALJ hearing com- he has established senior/youth intergener- reaucracy and are far removed from the Com- ponent of SSA will have one individual respon- ational programs, aimed at initiating ongoing missioner. The Social Security Advisory Board sible for administrative operations and policy

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.032 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1057 making: a Chief Judge who reports directly to McAlister, who passed away around this time an African American man suspected of shop- the Commissioner. The bill will improve lead- last year—May 15th, 2001. I still think of him lifting. He was appointed by the Mayor to a ership, efficiency and quality in the ALJ hear- often. He was 89. Audrey was a distinguished committee helped to expose racial disparities ings component of SSA by eliminating the reporter, war veteran, caring community leader in the payment of city workers. possibility of detrimental political struggles be- and beloved husband and father. He and his As a member of the Baptist Ministers Con- tween the Chief Judge and other subordinate wife, Aubrey, were dear personal friends— ference of Philadelphia and Vicinity, Rev. leaders within SSA, which will prevent ones we visited with often. Brackeen fought discriminatory practices by changes in the ALJ hearing process that are Aubrey was born on October 5, 1911 in city labor unions. He also led the North Phila- motivated by the negative force of intra-agen- Walters, Oklahoma. Even as a young teen- delphia Human Relations Committee, which cy infighting and ensure that the American ager he showed his eagerness to work in jour- sought to improve relations between police public receives fair constitutional due process nalism spending his after-school afternoons and the residents of North Philadelphia. hearings. learning to operate printing equipment and While continuing the fight for equality for Af- Establishment of the office of Administrative type setting as a printer’s devil in the local pa- rican Americans, he also focused on the im- Law Judges within SSA significantly would in- per’s office. portance of economic equity. In that regard he crease the speed and quality of the disposition After High School, Aubrey went to Cameron became part of an effort that established an of Social Security Act claims for the American College and transferred to Oklahoma State African American owned bank in Philadelphia. public and increase public trust and con- University, where he received his degree in In 1965, he founded Philippian Baptist fidence in the integrity and independence of journalism. At the outbreak of World War II, Church in the First Congressional District with decisionmaking by SSA ALJS. This effort Aubrey enlisted in the US Navy, even though less than a hundred members. Today, there should be a bipartisan activity of the Congress he was exempt from the draft. As a Navy en- are 1,500 congregants. in the interest of good government, and to that listed correspondent he served in the Pacific However, his theology went beyond Amer- end, I invite my fellow colleagues on both theater aboard the USS Colorado, a vessel ica’s shores. As treasurer of the Baptist For- sides of the aisle to join me in sponsoring this that participated in the battle for Okinawa. eign Missions Bureau, he gathered support bill and in making the office of Administrative Aubrey moved to Bonham in 1955 when he from his congregation to help build a church in Law Judges within SSA a reality this year. bought the Bonham Daily Favorite, a local Nigeria, West Africa and a church and school f newspaper, with a partner. He served as its in Haiti. He also sponsored the establishment REFLECTIONS ON 9/11 publisher until 1976. Across the state he was of the Philippian Baptist Home Mission for Hai- active as a member of the board of the Texas tians newly migrated to Philadelphia. Press Association. He served as the President While Rev. Brackeen was born in Port Ar- HON. RALPH M. HALL of the TPA in 1964. thur, Texas, the son of the town’s first African OF TEXAS Within the community, he served as an American physician, his adopted City of Phila- IN THE HOUSE OF REPRESENTATIVES elder and a deacon of his church, the First delphia has been enriched and spiritually fed Thursday, June 13, 2002 Presbyterian Church, and was a long-time and by this progressive and dynamic child of God Mr. HALL of Texas. Mr. Speaker, I rise active member of Rotary International. He was and leader of the faithful. I know my col- today to recognize a student in my district, a Paul Harris Fellow and had served as presi- leagues will join me in expressing my condo- Craig Halbrooks, who is the grandson of dent of two different clubs. In 1964, he was lences to his loving family and congregation. Judge Larry Craig, a great friend and re- named East Texas Chamber of Commerce f spected judge in Smith County. Judge Craig Man of the Month and the Bonham Chamber ON THE DEATH OF DR. MAXIE C. brought to my attention his grandson’s poem, of Commerce named him the town’s Out- SPROTT which reflects on September 11. This poem— standing Citizen. He also served as the chair- written by a 14-year-old—captures the senti- man of the Bonham Water Authority, which ments of many Americans and many of our oversaw building a community water reservoir. HON. NICK LAMPSON youth regarding that terrible day in our nation’s He helped organize the city’s first planning OF TEXAS history, and I would like to share it with this and zoning commission and was chairman of IN THE HOUSE OF REPRESENTATIVES body: the Fannin County Fair. Thursday, June 13, 2002 On September 11, 2001 the United States was Most of all, Aubrey was a loving father and struck with an act of terror husband who always showed his kindness to Mr. LAMPSON. Mr. Speaker, today I rise to With the Afghanistan leaders responsible, others. He was survived by his wife, Audrey; recognize the outstanding career of Dr. Maxie soon there would be nothing there. one son, Don McAlister; a granddaughter, C. Sprott, who unfortunately passed away this Why would some do such a thing? Sara Delao; and his brother, Ray McAlister. week. During a tenure of forty-five years, Dr. Take their lives to destroy another’s, what Mr. Speaker, we will miss him but always re- Sprott dedicated his time to make sure that could they be thinking? member him as a beloved community leader those members of his community unable to af- Nearly four months later, the tears still flow and kind man who gave a lot to East Texas— ford health care, received the proper medical and emotions run high Aubrey Lee McAlister. treatment they deserved. Why did these people have to hurt so many Dr. Sprott, with the help of his brothers, f lives? opened Sprott Hospital in 1955 to give black As we board planes, subways, and even a bus We wonder just exactly who we can trust. A TRIBUTE IN MEMORY OF residents a place to receive medical care and It matters little whether Christian, Muslim REVEREND S. AMOS BRACKEEN 2D black doctors a place to practice. He also was or Jew heavily involved with the ‘‘I have a Dream’’ We wonder what each is capable to do. HON. ROBERT A. BRADY program, providing mentoring and educational We look around us on the ground and in the OF PENNSYLVANIA service to young people. Despite these great sky IN THE HOUSE OF REPRESENTATIVES achievements, he was a humble man, accept- Wondering who will be the next to die. ing such items as poultry and fish as pay from Will it be a child, family or friend? Thursday, June 13, 2002 patients when they could not afford office vis- When will this scary stuff end? Mr. BRADY of Pennsylvania. Mr. Speaker, I its. I’m so glad that we have a President who rise to honor the memory of Rev. S. Amos Mr. Speaker, Dr. Maxie Sprott’s career was Strives to protect even me and you. Brackeen 2d, 83, a social activist, and founder seasoned with numerous examples of selfless f of the Philippian Baptist Church, who recently hard work and extraordinary achievement in IN MEMORY OF AUBREY LEE died after providing more than four decades of service to our great Nation. His contributions MCALISTER spiritual and civic leadership in Philadelphia. to Southeast Texas are immeasurable. I ask From the time Rev. Brackeen arrived in our my colleagues to join me in remembering Dr. HON. RALPH M. HALL city in 1959 to become pastor of Jones Memo- Sprott for his enduring service in the field of rial Baptist Church, he was recognized as a medicine and the generations of families that OF TEXAS theological activist. he took care of. IN THE HOUSE OF REPRESENTATIVES In the early 60’s he stood on street corners Thank you for your service, Dr. Sprott, your Thursday, June 13, 2002 with civil rights leaders and demanded ac- work was part of the fiber of Southeast Texas, Mr. HALL of Texas. Mr. Speaker, I rise countability from the Philadelphia Police De- and with your passing a great loss will be felt today to honor the memory of Aubrey Lee partment when a white officer shot and killed in the spirit and the heart of our community.

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.035 pfrm04 PsN: E14PT1 E1058 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 A TRIBUTE TO MAURICE A. REID ing their family’s farm or business. Not only do exemption increases from $1 million to $3.5 survivors lose their jobs when forced to sell a million. Regretfully, current law resurrects the HON. EDOLPHUS TOWNS family business, but countless employees of death tax in 2011, with tax rates as high as 55 OF NEW YORK the business often find themselves on the percent and an exemption at the low level of IN THE HOUSE OF REPRESENTATIVES streets as well, losing their job, health insur- $675,000. ance, and benefits. We cannot continue to Thursday, June 13, 2002 This temporary repeal does little to alleviate watch as children who have worked their en- the estate-planning burden on our families. It Mr. TOWNS. Mr. Speaker, I rise in honor of tire lives in a family business lose what is forces them to play expensive, cumbersome Maurice A. Reid, the President and CEO of rightfully theirs simply because selling their games of tax strategy instead of allowing the Brownsville Community Development Cor- business is the only way they can raise the these entrepreneurs to reinvest their money poration (BCDC), and his many years of dedi- necessary funds to pay the estate tax. and time into building their business. In fact, cated service to the community. Additionally, numerous surveys of small the temporary nature of the current law has Maurice Reid has a Masters Degree in Pub- business owners have indicated that the es- made an already-complex tax code more com- lic Administration from the Executive M.P.A. tate tax is a primary threat to the expansion of plicated, and estate planning more difficult. program of Baruch College, CUNY, and a their businesses because they spend more Estate planning for farms is further com- Bachelor’s Degree from the School of Busi- money on estate planning than expansions. plicated by the uncertain nature of the future ness, Manhattan College. In 1995, he com- Lack of business expansions translates to a net worth of farm operations. This money pleted a two-year fellowship from the Southern lack of new jobs being created at that busi- spent on estate planning—both attorney’s fees Regional Council as a Voting Rights Expert-in- ness. and insurance premiums—would be better Training. Finally, I want to clarify that under the law spent invested back into the business and pro- He joined the BCDC after nine years as the enacted in 2001, the death tax is to be re- viding job growth for our nation. Deputy Director for the Center for Law and pealed in 2010 ensuring that all assets trans- Social Justice at Medgar Evers College, ferred from one generation to the next would Family businesses spend nearly $14.2 bil- CUNY. Prior to assuming his post at the not be subject to the estate tax, but would in- lion a year on estate planning and insurance CLSJ, Maurice served as Administrative As- stead be subject to the capital gains tax. Ap- costs. This capital that is used for estate plan- sistant and District Director to newly elected propriately, the families of the decedent would ning is an economic drag on family busi- Congressman Major or Owens. have a choice to either continue the family nesses at a time when they must deal with Maurice’s management career began when business or sell it and then pay a capital gains other economic burdens beyond their control. he became the first director of the Brownsville tax. Families should make the decisions re- The sunset provision simply prevents small Community Council’s Head Start Program. He garding the sale of their farms and businesses business owners and farmers from taking ad- also helped found the Brownsville Child Devel- rather than be forced to sell in order to pay an vantage of the repeal. Unless they know for a opment Center, and served as the first Execu- exorbitant death tax. fact that they will pass on by the year 2010, tive Director/CEO for twelve years. Maurice f they must continue to pay tax advisors to help has also held positions as the President of the them secure their family’s welfare in the fu- Central Brooklyn Mobilization Democratic PERMANENT DEATH TAX REPEAL ture. ACT OF 2002 Club, the Chairperson of the Committee for An According to the IRS, just in the tax year Effective School Board # 23, and as the Chair- SPEECH OF 1999 alone, $227 million was collected from person and Secretary/Treasurer for United the estate tax in my state of Alabama. One Housekeeping Service, Inc. and United HON. ROBERT E. (BUD) CRAMER, JR. study shows that permanent repeal would in- Homecare, Inc. Additionally, he has been a OF ALABAMA crease our GDP a total of $150 billion over 10 member of the Coalition for Community Em- IN THE HOUSE OF REPRESENTATIVES years, and it could provide an additional powerment and the Board of Directors of the Thursday, June 6, 2002 165,000 jobs per year. The anti-growth death American Reading Council. Maurice is cur- tax causes small businesses—who are under- Mr. CRAMER. Mr. Speaker, I rise today as rently a member of the Board of Directors of capitalized in the first place—to cut back on Co-chairman of the End the Death Tax Cau- the Community Health Care Association of labor, re-investment, and risk-taking. Studies cus in support of this bill and in opposition to New York State. have also shown that the death tax encour- the death tax. Eliminating this unfair provision After nearly 17 years of involvement with ages small business owners to sell out or in our tax code has been a priority of mine the BCDC, as a board member and Chair- merge with larger companies. person, he became President and CEO. His since becoming a Member of this body. hard work and dedication have clearly paid off. Today’s death tax places a tremendous bur- Furthermore, the death tax can encourage Mr. Speaker, Maurice A. Reid is committed den on America’s small businesses and fam- the rich to spend down their savings on lavish to serving and improving his community. As ily-owned farms, which are at the heart of the consumption. A Joint Economic Committee such, he is more than worthy of receiving this economic vitality of our communities. Small study estimated that the death tax existence recognition and I urge my colleagues to join businesses and farms can quickly reach the has reduced the nation’s pool of savings by me in honoring this remarkable man. current low exemption levels for the death tax. $497 billion. f For example, urban convenience stores in- Mr. Speaker, this tax is an unfair tax. It dou- vest an average of $1.24 million per store for ble-taxes income that was already taxed when PERMANENT DEATH TAX REPEAL land, building and equipment, and rural stores it was earned, It is collected at a time of deep ACT OF 2002 invest almost $900,000 per store. Construction grief for our families. And it penalizes those companies often need to purchase expensive who have worked hard over a lifetime to pro- SPEECH OF heavy equipment to build our buildings, roads, vide for the future security of their family. HON. MARK E. SOUDER and bridges. Our farmers, machine shops, and In closing, Mr. Speaker, the time has come OF INDIANA many other businesses often invest in equip- to finish the job and get rid of this unfair, bur- IN THE HOUSE OF REPRESENTATIVES ment that involve high capital outlays. The densome tax once and for all. The death tax Alabama Farmers Federation tells me that Thursday, June 6, 2002 reduces wages, it reduces job creation, it dis- much of family farm estates is usually locked courages savings, and it is a leading cause of Mr. SOUDER. Mr. Speaker, I rise today in up in their farmland, which often must be sold the liquidation of small businesses. Permanent support of the permanent repeal of the death to pay the estate tax. Too often, this tax has relief from this death tax is critically important tax. The repeal of this particular tax is espe- forced American families to liquidate a busi- for America’s family-owned small businesses cially important in ensuring that small and mi- ness or farm that was built on years of hard and farms. nority-owned businesses as well as family work and sacrifice. farms are not destroyed due to the inability to The tax relief package enacted last year Finally, let me thank my colleague from pay this archaic tax. provided temporary relief from the death tax. Washington and Co-Chairwoman of the End A family death is already a difficult burden This law provides for a slow drop in death-tax the Death Tax Caucus—Congresswoman to bear. The death tax furthers the family’s rates from 50 percent to 45 percent and then DUNN—for working with me in a bipartisan pain by presenting the survivors with the an abrupt drop to zero in 2010. For some of manner to remove this unfair provision from choice of either paying a large death tax or, if us—like myself—this reduction does not occur our tax code. unable to secure the funds to pay the tax, sell- fast enough. Over the same time period, the I urge Members to support this legislation.

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.039 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1059 HONORING LOUISE BELKIN, FRANK and introduced the ‘‘Invention Convention’’ the now used in the clinic and stimulated the cre- JOSLYN, AND TERRY WERDEN West District School’s Grade 5. She also has ation and development of today’s extensive FOR THEIR OUTSTANDING SERV- given her time as an active member of the biotechnology industry. Dr. Pestka’s achieve- ICE AND DEDICATION TO TEACH- Farmington Education Association, and as a ments are the basis of several U.S. and for- ING AT THE WEST DISTRICT member of curriculum teams for writing, eign patents and interferon is now a major SCHOOL IN FARMINGTON, CON- science and social studies. She currently has product of several U.S. and foreign compa- NECTICUT three students whose parents she also taught nies. The market for interferon is expected to in the Farmington School system. Mrs. exceed $7 billion by 2003. HON. NANCY L. JOHNSON Werden is a dedicated public servant and her In addition to interferon’s commercial im- OF CONNECTICUT influence has been strongly felt throughout pact, there was no general antiviral therapy IN THE HOUSE OF REPRESENTATIVES West District School and the families it serves. available before Dr. Pestka began his work on Her presence within our walls will be greatly interferon; today, interferon is the first and only Thursday, June 13, 2002 missed, as she moves on to teach at Farming- general antiviral therapy. Interferon is used to Mrs. JOHNSON of Connecticut. Mr. Speak- ton’s new 5–6 school. treat hepatitis B and C, diseases that afflict er, I rise today to acknowledge the achieve- These three educators have served on the 300 million people worldwide. Today, ments of three excellent teachers from West same team for a quarter of a century. Com- interferon is used for the treatment of cancers District School in Farmington, Connecticut. bined, their efforts have amounted to 93 years such as metastatic malignant melanoma, kid- They are Mrs. Louise Belkin, Mr. Frank Joslyn, of service at the West District School. The ney and bladder cell carcinoma, some leuke- and Mrs. Terry Werden. All three will leave children, parents and families whose lives mias, AIDS-related Kaposi’s sarcoma, and West District at the end of the 2001–2002 have been touched by their expertise and multiple sclerosis. Mr. Chairman, many individ- school year. dedication can never forget the example of uals are now alive and well after treatment Mrs. Belkin has been an elementary school public service these three outstanding edu- with interferon as a result of Dr. Pestka’s teacher in the Farmington School System for cators have set. I wish them well in all their fu- achievements. 33 years, teaching at West District for 27 ture endeavors. Finally, Mr. Chairman, I’d like to point out years. She has been a leader in the field of f that the potential of interferon has caught the mathematics and served as the school’s math imagination of the public with many news- resource teacher for 14 years. During this THE RECOGNITION OF DR. SIDNEY paper, magazine and journal articles about time, she created and composed math cur- PESTKA, 2001 NATIONAL MEDAL interferon over the past twenty years. Most riculum and assessments for the district as OF TECHNOLOGY LAUREATE scientists in academia do not bring achieve- well as organized and taught the district’s ments in research directly into commercial math summer school program. She has HON. FRANK PALLONE, JR. products with special considerations for scale served as an elementary-level representative OF NEW JERSEY up, environmental impact, economy, efficiency to the ATOMIC Executive Board and a PIMMS IN THE HOUSE OF REPRESENTATIVES and efficacy. Dr. Pestka has bridged this gap Fellow. In 2001, she co-authored a geometry Thursday, June 13, 2002 by making seminal achievements in all these book to be used by teachers published by the avenues from concept, to basic research and National Council of Teachers of Mathematics. Mr. PALLONE. Mr. Speaker, I’d like to take to practical application. He has fostered new Mrs. Belkin has actively served in the Farm- this opportunity to congratulate Dr. Sidney industries in multiple areas, developed new ington Education Association, serving as the Pestka who was named the 2001 National medicines for previously untreatable diseases, building representative for ten years, treasurer Medal of Technology Laureate for his pio- and brought new hope to those afflicted. for fourteen years and a member of the nego- neering achievements in the field of bio- These pioneering achievements were prefaced tiations committee through five contracts. technology. Dr. Pestka is from my district and and followed by many other basic scientific Over the past 20 years, Mrs. Belkin has ar- joins us from the Robert Wood Johnson Med- discoveries in chemistry, biochemistry, genetic ranged for me to hold annual press con- ical School at the University of Medicine & engineering and molecular biology from the ferences for West District School’s fifth grade. Dentistry of New Jersey in Piscataway, New genetic code and protein biosynthesis to I have looked forward to this every year and Jersey. interferons, cytokines, receptors and cell sig- regret that Mrs. Belkin’s retirement and the Mr. Chairman, in 1969, Dr. Sidney Pestka naling. change in the grade structure in the Farm- began a project to determine what interferon In closing, Dr. Pestka’s achievements in in- ington School system mean the end of these was—a substance that held the possibility of novation and translation provide a role model events at West District School. curing viral diseases, diseases that defied for this and future generations. Mr. Frank Joslyn was recognized as Farm- treatments, diseases that challenged the inge- f ington’s Teacher of the Year for 1993–94. He nuity of medicine for centuries, diseases in- served with the Farmington Education Asso- cluding hepatitis, influenza, Ebola, Dengue, TRIBUTE TO MARATHON GIRLS ciation as a building representative, a Council Yellow Fever, West Nile, and even the com- FIELD HOCKEY TEAM member and an officer. He developed and im- mon cold. The possibility that a single medi- plemented a ‘‘Homes of America’’ program for cine could treat all or at least many viral dis- HON. JAMES T. WALSH both parents and children, teaching them his- eases was alluring. After a few months evalu- OF NEW YORK tory through architecture. He also co-planned ating the scientific basis and potential of IN THE HOUSE OF REPRESENTATIVES and produced the annual Veteran’s Day Pro- interferon, Dr. Pestka began to translate this gram at West District School. And he served dream into reality. Thursday, June 13, 2002 as West District’s ‘‘lead teacher’’ for more than For the next seventeen years, Dr. Pestka Mr. WALSH. Mr. Speaker, I rise today to 8 weeks during the prolonged illness of the made a remarkable series of discoveries and congratulate the Marathon High School Girls principal. Mr. Joslyn’s influence on the school developments, often bucking prevailing beliefs Field Hockey Team for winning their fourth body and fellow members of the faculty has and designing innovative solutions to problems consecutive Class D New York State Cham- been tremendous. He has shared his artistic along the way to success. His achievements pionship. The MHS Girls Field Hockey team, skills to enhance the school building, design- carried out at the Roche Institute led to nu- coached by three-time New York State Cham- ing a display case, memorial benches, ban- merous medical applications including cloning pionship Coach Karen Funk, finished the year ners as well as the school’s letterhead and of the human genes, development of with an unprecedented (24–0) season while note cards and a memorial sculpture. While immunological assays with monoclonal anti- also receiving the New York State Scholar/ everyone at West District School will miss Mr. bodies and medical application of interferon Athlete Team Award by maintaining a team Joslyn’s leadership and artistic insight, we for viral diseases, to name only a few. In average of 94.5. take comfort in the knowledge that the stu- 1986, Dr. Pestka’s dreams became reality The Lady Olympians scored a total of 127 dents at Farmington’s new 5–6 school will when the Food and Drug Administration (FDA) goals this season while only allowing 6 goals benefit from his talents and abilities. approved the interferon that he developed. against them which contributed to 18 total Mrs. Terry Werden has been with West Dis- The approval of interferon by the FDA was shutouts this season. In addition to their out- trict School for 34 years, serving as the significant, not only because it allowed Dr. standing season, MHS had two National All Science Resource Teacher for 13 years. She Pestka’s development to be applied to treat American players and two All State Players. served as an outdoor educator, organized the viral diseases but also because it prepared the With a combination of hard work and deter- ‘‘Kids and Chemistry’’ nights for several years pathway for many other biotherapeutic agents mination the MHS Girls Field Hockey Team

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.046 pfrm04 PsN: E14PT1 E1060 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 has established a dynasty within the realms of ARTICLE BY GEOFF D. PORTER the world’s 200 million Arabic speakers. Yet Girls Field Hockey. no colloquial Arabic, in any dialect, ap- On behalf of the residents of the 25th Con- HON. GERALD D. KLECZKA peared anywhere on the F.B.I.’s Arabic gressional District, it is my honor to congratu- translation test, which included a listening- OF WISCONSIN comprehension section. late the Marathon High School Girls Field IN THE HOUSE OF REPRESENTATIVES Hockey team and their coach Karen Funk on During my post-exam interview, I tried to Thursday, June 13, 2002 offer some feedback about the test’s failure their Class D New York State Girls Field to measure skills in everyday spoken Arabic, Hockey Championship. With these remarks, I Mr. KLECZKA. Mr. Speaker, I submit for the but the interviewer brusquely moved on to would like to recognize the following players record a June 1 New York Times op-ed by his next question. Nor was there a chance for and staff: Coach—Karen Funk, Scorekeeper— Geoff D. Porter, a professor of Middle Eastern me to name the two Arabic dialects in which Jenelle Dayton, Alexandra Askew, Brooke At- studies who expresses frustration at what he I am proficient. The interview is scripted; wood, Nikki Biliings, Amanda Bliss, Danielle says is a slow and ineffective means by which there is no room for unscripted interaction. Braman, Lauren Brooks, Nicole Dann, Danielle the Federal Bureau of Investigation has been All the other Middle East studies applicants Dayton, Danielle Diaz, Heather Doran, Alissa trying to recruit those proficient in Arabic. with whom I spoke said they, too, noticed Since his insight as to the need for experts in the test’s shortcoming but couldn’t find an French, Lisa Gilbert, Jamie Gofgosky, Jessica opening to comment on it. Gofgosky, Eileen Hoyt, Maranda Kinsman, Tif- the various dialects makes a compelling argu- ment, I’ve also forwarded a copy of the article As the F.B.I. reorganizes, it should im- fany Marsh, Jolene Phillips, Allison Robertson, prove its recruitment of Arabic translators Jacki Rose, Shira Thomas, and Kaitlin to FBI Director Robert Mueller. by adding tests that measure fluency in one Veninsky. I thank my friend, Professor David Randall or more of these numerous Arabic dialects. Congratulations to all. Luce of the University of Wisconsin-Milwaukee Otherwise, its translators may be limited to f for bringing this article to my attention. reading Arabic newspapers or listening to Al [From the New York Times, June 1, 2002] Jazeera broadcasts. They may misunder- A TRIBUTE TO LENFORD L. stand wiretapped phone conversations or be ROBINS LOST IN TRANSLATION AT THE F.B.I. unable to identify crucial information. Until (By Geoff D. Porter) the F.B.I. shows more willingness to listen In announcing his restructuring of the to the experts it is trying to attract, it will HON. EDOLPHUS TOWNS Federal Bureau of Investigation, Robert S. not get the expertise it needs. OF NEW YORK Mueller III, its director, stressed the impor- IN THE HOUSE OF REPRESENTATIVES tance of upgrading the F.B.I.’s intelligence f Thursday, June 13, 2002 capabilities by recruiting ‘‘the right people with the right experience.’’ If my own experi- Mr. TOWNS. Mr. Speaker, I rise today in ence with the agency is any guide, that CONTINUATION OF RACIAL honor of Lenford L. Robins, a leasing rep- should include an urgent recruiting drive for DISCRIMINATION resentative and a fine individual. people with the right Arabic language skills. Currently the Founder and Chairman of Less than a week after the attacks on the World Trade Center and the Pentagon, I re- HON. BENNIE G. THOMPSON Bridgeport Capital Resources Inc. Mr. Robins sponded to the F.B.I.’s calls for Arabic trans- OF MISSISSIPPI attended St. George College in the West In- lators. I know of a half-dozen other Middle dies and subsequently worked as a law clerk Eastern studies graduates who also applied— IN THE HOUSE OF REPRESENTATIVES in the Criminal Justice System, Sutton Street Ph.D.s who, like me, are proficient in one or Court Division, Kingston, Jamaica, and immi- more Arabic dialects, as well as in Modern Thursday, June 13, 2002 grated to the United States in 1969 to further Standard Arabic. Ultimately—dismayed by Mr. THOMPSON. Mr. Speaker, I rise today what seemed to us the agency’s flawed un- his studies. In the United States, he attended to bring attention to racial discrimination which New York School of Dentistry and Brooklyn derstanding of what proficiency in Arabic means—none of us pursued our candidacies. continues to be a problem in America. Re- Community College, where he received his I applied less than a week after Sept. 11 cently, in my home state of Mississippi, more degree in Orthodontic Dentistry. He went on to but wasn’t called for the four-and-a-half hour specifically, Brandon, Mississippi, a couple invent the ‘‘Tooth Aligner,’’ commonly known translation test until January. It wasn’t was discriminated against while trying to buy as the ‘‘Spring Retainer,’’ which is used in all until February that I sat for a four-hour a home. Mr. and Mrs. Michael Keys, an Afri- dental practices globally. interview and polygraph test. The F.B.I. was can-American couple, were attempting to pur- In 1973, Mr. Robins changed his career then to begin a six- to eight-month back- chase a home in Brandon when they were ground check. At the earliest, I might have path and pursued corporate financing. He be- harassed verbally by a neighborhood resident, came a member of the ‘‘Elite Clout Club’’ of started translating more than a year after I applied. Chris Hope. Hope threatened the safety of the First Investor Investment Corporation, and The slow pace, however, wasn’t the most Keys’ children after asking them why did they joined Ford Motor Credit from 1976 to 1979, unsettling characteristic of the process. want to stay in a white neighborhood. where he was trained as a representative. He There was something more worrisome: The Mr. Hope was later subpoenaed when the has worked as a Leasing and Credit manager F.B.I.’s Arabic translation test simply does Department of Housing and Urban Develop- for Toyota Motor Credit, Honda, Volkswagen, not measure all the language skills needed ment filed charges on behalf of the Keys, who and BMW, and has received several awards for intelligence gathering focused on Arabic filed a housing discrimination complaint. Mr. for his outstanding performance and contribu- speakers. Hope was later ordered to pay $146,000. tions in the leasing industry. The Arabic-language test—copyrighted in 1994 by the Defense Language Institute, ac- Hope is to pay $126,000 to the Keys for dam- Mr. Robins has also served as the Director cording to the back of my exam booklet— ages and $8,140 to their real estate agent. He of Leasing for Emar International and Reserve was solely in Modern Standard Arabic, the has to also pay $11,000 in civil penalties. Lease Systems, as the President of Leasing Arabic most frequently studied at American Research International, and as the Director of universities. This is the form used for offi- Mr. Speaker, HUD released a statement International Markets for Blockwell Funding cial speeches and in the news media in Arab saying that, ‘‘racial discrimination will not be Corporation. He has also headed the Inter- countries—but almost never in conversation. tolerated’’. I strongly support that statement. national Division for GFI Business Capital. In It differs substantially from the spoken vari- Discrimination is too often overlooked because each of these capacities, he has used his ex- eties of Arabic in vocabulary, syntax and idi- it is thought of as a topic of the past. This oms—enough so that a non-native speaker pertise to train others, and has been recog- story reinforces my belief that racial discrimi- who learned only Modern Standard Arabic nation still exist. We must respond accordingly nized and respected by his peers. As proof of would not be able to understand Arabic his prominence, Mr. Robins has been inter- speakers talking to one another. to discrimination cases. viewed on the Bill McCreary Report on Fox The regional dialects also differ from one A familiar document that we know as The Channel 5 Television and CNBC Television, another—varying considerably from one end Declaration of lndependence states that ‘‘We and has been written about in several news- of the Arabic-speaking world (in Morocco) to hold these truths to be self-evident, that all papers and magazines. He is also the author the other (in Oman). The dialects are, for men are created equal, that they are endowed of ‘‘The Advantages of Leasing.’’ some Arabic speakers, mutually unintelli- by their Creator with certain unalienable gible. (Once, I mistakenly gave a Cairo taxi I would like to commend to my colleagues’ driver directions in Moroccan Arabic, and he Rights, that among these are Life, Liberty and attention the many achievements of Mr. responded: ‘‘Ich spreche kein Deutsch.’’) the pursuit of Happiness.’’ Racial discrimina- Lenford L. Robins, a true expert in equipment These varieties of Arabic are the language tion is not only a moral injustice but it is also leasing. of the market, the home and the street for a legal injustice.

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.046 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1061 PROPOSING A TAX LIMITATION TRIBUTE TO SYRACUSE UNIVER- native to ‘‘hanging out’’ in the street. In addi- AMENDMENT TO THE CONSTITU- SITY LACROSSE, 2002 DIVISION I tion to basketball, the site is used for regular TION OF THE UNITED STATES NCAA MEN’S LACROSSE CHAM- cookouts for the kids and volunteers. In No- PIONS vember 2000, the Association, together with SPEECH OF Food For Survival and Green Guerillas, HON. JAMES T. WALSH opened their food pantry. The number of peo- HON. ALCEE L. HASTINGS OF NEW YORK ple served, already at 440 families, increased dramatically after September 11, 2001. The OF FLORIDA IN THE HOUSE OF REPRESENTATIVES line is so long, police assistance is now nec- IN THE HOUSE OF REPRESENTATIVES Thursday, June 13, 2002 essary to maintain an orderly process. Need- Mr. WALSH. Mr. Speaker, I rise today to Wednesday, June 12, 2002 less to say, the food pantry has had a tremen- recognize the accomplishments of the Syra- dous effect on the community. Mr. HASTINGS of Florida. Mr. Speaker, I cuse University Lacrosse team, the 2002 Divi- I would like to congratulate Nezam Kelvin rise to make a speech that I should not have sion I NCAA Men’s Lacrosse champions. On and Cynthia Hosein, and the Euclid 500 Block to make. I rise to discuss a constitutional May 27th, the Orangeman won their second Association Community Garden for their dedi- amendment that should not have made it to national title in three years. I am proud to rep- cated efforts in support of our Brooklyn com- this floor. In short, this debate is a waste of resent this entire team of fine young men led munity and I urge my colleagues to join me in my time, your time, and the American tax- by Head Coach John Desko and Assistant honoring these dedicated community servants. payer’s money. Coaches Roy Simmons III, Kevin Donahue, f and John Zulberti. Let me be more specific. H.J. Res. 96, the NOT IN MY NAME Tax Limitation Constitutional Amendment, has Lacrosse is one of the oldest American been brought to the House floor for a vote sports, and the members of this team—have seven times in the past seven years. Each taken the game to an incredibly high level. It HON. CYNTHIA A. McKINNEY time, year after year, it has failed to gain the is no wonder that lacrosse is growing at such OF GEORGIA a rapid pace with young athletes looking up to IN THE HOUSE OF REPRESENTATIVES 2⁄3 majority needed to pass. I expect that this year will be no different. role models such as these students, who have Thursday, June 13, 2002 dedicated almost their entire lives toward mas- But let’s suppose that this year is different. tering this sport. They have truly made their Ms. MCKINNEY. Mr. Speaker, Rita Lazar is Let us imagine that some of us decide to give University, the city of Syracuse, and lacrosse a remarkable woman. She lost a child, a son, in to political expediency and decide to vote fans nationwide, proud of their accomplish- in the horrible attacks on the World Trade for a constitutional amendment that will impair ments. Center on September 11, 2001. But Rita Lazar our legislative duty to determine the proper tax It is my honor to acknowledge the following remains a pacifist, dedicating her life to eradi- rate for the American people and for our gov- members of this team who have joined to- cating war all over the world. And she is ernment. Would it pass the other body? Un- gether to achieve the ultimate goal of becom- brave. She wrote a letter to the New York doubtedly, no. Would it pass the state legisla- ing Division I National Champions: Chris Times, that in essence said that although she tures? Doubtful. Bickel, Solomon Bliss, Matt Bontaites, Andrew knew this country’s response to 911 would be Why then do the Republicans continue to Boyle, Travis Bryan, Drew Bucktooth, John war, she and many others feel that the answer bring this legislation to the floor? Do my col- Burns, Josh Coffman, Nick Donatelli, John is peace. She asked, as many have asked, leagues on the other side of the aisle believe Glatzel, Kevin Gowin, Tom Hardy, Brian that this country not go to war, not in the that we do not have more important things to Herloski, Pat Hogan, Ryan Hogan, Joel How- name of her son. Not in the name of her child. talk about? That homeland security and the ard, Sean Lindsay, Steve Lykudis, Alex All over the world, there is a movement reorganization of our intelligence community Mummolo, Brooks Neal, Brian Nee, Mike afloat. People are coming together to say can wait another day or even another hour for Nockunas, Kyle Olson, Jarett Park, Bill Perritt, please, please, please, do not go to war—not us to waste our time on this worthless amend- Jay Pfeifer, Jake Plunket, Michael Powell, in my name, and not in the name of my child. ment? That the hundreds of thousands of Dave Puccia, Joe Sabasteanski, Mike Smith, Not in My Name. Not in the Name of My Americans who are out of work right now and Brian Solliday, Michael Springer, Billy St. Child. People are saying to governments . . . about to run out of temporary unemployment George, Andrew Starr, Steve Vallone, Donn War? No, not in my name. Destruction? . . . relief can hang on a few more days while we Vidosh, Zack Wallace, Brett Walther, Spencer No, not in my name. Weapons of Mass De- entertain the pigheaded decision to reintro- Wright, Alex Zink. struction? No, not in my name. Pollution? No, duce this legislation for the seventh time in so f not in my name. many years? People from every walk of life—young and A TRIBUTE TO NEZAM KELVIN old, rich and poor, gay and straight, are say- Maybe some of my colleagues suppose that AND CYNTHIA HOSEIN ing: Not In My Name. in defiance of precedent and simple math that There is an entire coalition of people who, this amendment will miraculously pass this though horribly saddened by the events at the year? I guarantee you it will not. That said, I HON. EDOLPHUS TOWNS World Trade Center, send out a mighty call for call on my colleagues on both sides of the OF NEW YORK peace. The September 11 Families for A aisle to vote against this amendment and to IN THE HOUSE OF REPRESENTATIVES Peaceful Tomorrow have given us a powerful refrain from wasting our time and the time of Thursday, June 13, 2002 message—they want a world in which no one, the American people with this legislation in the Mr. TOWNS. Mr. Speaker, I rise today in no child, no son, no father, no husband, no future. honor of Nezam Kelvin and Cynthia Hosein, wife, no mother, no loved one has to suffer for their outstanding volunteer work with the the horror of losing a family member in the f 500 Block Association Community Garden and name of war. Their bravery is a reminder of PERSONAL EXPLANATION Food Pantry. our duty towards making the world in which Kelvin, as he is known, and his wife Cynthia we live one of peace. If you go to their were born and raised in Trinidad, West Indies. website at peacefultomorrows.org, you will see HON. CAROLYN B. MALONEY In 1989, they moved to East New York in a quote from Martin Luther King Jr., that says, Brooklyn. They have two children, Princess ‘‘Wars are poor chisels for carving out peace- OF NEW YORK (18) and Kelvin Jr. (13), and attend the Shep- ful tomorrows.’’ These people, these brave IN THE HOUSE OF REPRESENTATIVES herd Home Open Bible Church. and suffering souls, have lost sons and Thursday, June 13, 2002 Mr. Hosein is the President of the Euclid daughters and husbands and fathers and 500 Block Association Community Garden and wives and mothers to the 911 attack, and yet, Mrs. MALONEY of New York. Mr. Speaker, Food Pantry, where both Kelvin and Cynthia miraculously, they are saying, don’t go to war, on July 12, 2002, I missed rollcall votes No. volunteer. This picturesque garden is located not in the name of our loved ones, Not in the 223, No. 224, and No. 225. Had I been on Euclid Avenue between Belmont and Sutter Name of My Child. present I would have voted ‘‘Yea’’ on rollcall Avenue. In the spring of 2000, the Association Among them are Phyllis and Orlando vote No. 223, ‘‘Yea’’ on rollcall vote No. 224 built a basketball court behind the garden to Rodriguez, who lost their only son Greg at the and ‘‘Nay’’ on rollcall vote No. 225. provide neighborhood kids a recreational alter- World Trade Center. The Rodriguez’ also sent

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.055 pfrm04 PsN: E14PT1 E1062 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 a letter to the media with the headline, ‘‘Not in ture on March 21, 1902, is the smallest mu- HONORING THE 50TH ANNIVER- Our Son’s Name.’’ They pleaded for a peace- nicipality in Essex County, measuring a mere SARY CELEBRATION OF ST. AN- ful solution to this conflict, and they are joined 1.6 square miles. Despite its size, the borough THONY OF PADUA PARISH by thousands upon thousands of people all is home to some of the friendliest people, the over the world, as witnessed by the huge rally loveliest homes, and gardens in New Jersey. in Washington, DC on April 20 2002, where an HON. TOM DAVIS estimated two hundred thousand people called In the 18th and 19th centuries, the wooded out for an end to war. hills and valleys that now comprise the munici- OF VIRGINIA And this cry is deepening, from a cry pality were sparsely settled, with only seven or IN THE HOUSE OF REPRESENTATIVES against war to a cry against injustice every- eight farms located along what is now known where. as Roseland Avenue. Thursday, June 13, 2002 People all over America are saying that they The expansion of the railroad system and Mr. TOM DAVIS of Virginia. Mr. Speaker, I don’t want American corporations stealing the resources of other countries and destroying improvements in other forms of transportation would like to take this opportunity to honor the the forested lands and waters of this country— brought about the development of real estate 50th anniversary of the establishment of St. not in their name. in areas surrounding large cities. This resulted Anthony of Padua Parish in Falls Church, Vir- Israeli settlers have a peace group called in the development of a community that would ginia. Not in My Name. They are saying to the come to be known as Essex Fells. Since holding its first Mass on Easter Sun- Israeli government, yes, we want a home, yes, Anthony Drexel, a prominent developer and day, 1952, St. Anthony’s has profoundly im- we want a safe place to be, but not through planner from Philadelphia, had a vision and pacted its congregation, students, and the violence and destruction and terror. They are dream to build a unique community with beau- saying to the Israeli government—don’t take community at large. Today the miulti-ethnic land from Palestinians, don’t destroy their in- tiful homes situated in a rustic area of New parish continues to flourish while upholding a frastructure, don’t take their homes, don’t de- Jersey. In 1888 he sent his representative, strong tradition of excellence in both the stroy their family structures and their commu- Charles W. Leavitt, to survey the situation Catholic Christian ministry and community nities and their neighborhoods. Not in My around the extension of the railroad service in service. The accomplished past of the church Name, Not in the Name of My Child. the Caldwells. has been characterized by generous contribu- Why is this Not in My Name movement Following a report that the location seemed tions to local worship, education, and medical growing? Because when all is said and done, ideal for use as a high-level residential com- care. St. Anthony’s sizeable and multifaceted people all over the world, rich and poor, old munity, Mr. Drexel formed the New York Sub- endeavors have been remarkably effective. and young, want to do what is right. Ameri- cans want to do what is right. People know it urban Land Company in 1889 and purchased In 1954, the church established St. Antho- is wrong for destruction to occur in their name. one thousand acres of land south of Caldwell. ny’s School, which now enrolls 620 students in Not in My Name. Not in the name of my child. Included in part of the purchase were the land grades pre-kindergarten through eighth. This It’s like saying to a murderer—‘‘Don’t kill for and the historic home of General William notable commitment to education is further re- me,’’ It’s saying to those who pollute our wa- Gould, which became the home of the land flected in the valuable resources the church ters, Not in my Name. It’s saying to those who company’s new president, Mr. Leavitt. The has made available to its community. These destroy the economy of other countries—Not majority shareholder in the corporation was range from a religious education program for in my name, not in the name of my child. John R. Fell, Mr. Drexel’s son-in-law. public school students to a computer-training Americans are gathering the courage to just The hilly and rocky terrain made an imagi- say no. We are saying no to addictive life- course for adults. A partnership with Fairfax styles, addictive consumerism. We are saying native and skilled approach to the planning County and the Hispanic Committee of Vir- no to wars and corporate takeover and the necessary. To lay out an over-all community ginia in a Day Laborers’ Program highlights IMF loans that gobble up people and their re- concept, Mr. Drexel hired well-known land- the church’s dedication to improving edu- sources. scape architect Ernest W. Bowditch. cation. And all over the world, people are saying, if As this new area began to be developed St. Anthony’s has undertaken substantial ini- you are committing these acts in my name, and built, it was fortunate enough to be able tiatives in improving local health care by pro- then don’t. If you are committing these acts— to install such technological advances as elec- viding a mobile mammogram van, running Al- waging war on the innocent, destroying the tricity, in-door plumbing, and telephones, con- environment, buying bombs when babies need coholics Anonymous groups, and offering 24- veniences that are commonplace one hundred bottles . . . then don’t do it for me. Not in My session parenting classes. Additionally, the Name, Not in the Name of My Child. years later—but were true innovations then! church co-sponsors quarterly health fairs with Americans want peace, and justice and to Essex Fells was given its name in honor of organizations such as the National Institutes of live up to the conscience of its forbears. So the county in which it was developed, Essex, Health, whom they further assist in conducting we are joining people of good will around the and because the word ‘‘fell’’ suggests a rolling, bone-marrow screenings. world who say, Not in My Name, Not in the hilly area, although Mr. Fell must have had The Parish also has made strides in emer- Name of My Child. Not in My Name, Not in some input into the name Essex Fells! the Name of My Child. Not in My Name, Not gency assistance. St. Anthony’s has relieved in the Name of My Child. Not in My Name, Throughout the past one hundred years not many people facing hardships by helping with Not in the Name of My Child. Not in My much about the character of Essex Fells has medical costs and utility payments. The estab- Name, Not in the Name of My Child. Not in changed from the original concept of a resi- lishment of ‘‘Mary’s House’’ enabled the My Name, Not in the Name of My Child. Not dential rustic community. Today, the munici- church to aid single homeless mothers by pro- in My Name, Not in the Name of My Child. pality is home to over 2,100 residents, a very viding them a caring environment. Moreover, f small number by New Jersey standards, the St. Anthony’s offers services such as coun- Essex Fells Water Company, a public elemen- TRIBUTE TO THE BOROUGH OF seling, tax assistance, Thanksgiving dinner, ESSEX FELLS tary school, a post office, and a park. and the collection of Christmas gifts to those Mr. Speaker, this weekend the fine neigh- in need. HON. RODNEY P. FRELINGHUYSEN bors of Essex Fells will be joining together for With all of these accomplishments, there is OF NEW JERSEY a parade and community picnic to celebrate great reason for St. Anthony’s and its commu- IN THE HOUSE OF REPRESENTATIVES this auspicious occasion. I urge you and all of nity to celebrate. Accordingly, Mr. Speaker, I Thursday, June 13, 2002 my colleagues to join Mayor Edward Abbot, extend my warmest congratulations on their Mr. FRELINGHUYSEN. Mr. Speaker, I rise Borough Council members James N. Blake, 50th Anniversary. The Parish most certainly today to honor the Borough of Essex Fells and Rupert Hauser III, James W. Irwin, Julianne H. has distinguished itself through its devotion to its residents on the occasion of its Centennial Rose, Thomas St. John, and, Lynda community service, and I call upon my col- celebration. Youngworth, and the Citizens of Essex Fells in leagues to join me in applauding 50 years of Essex Fells, which was incorporated as a wishing them well during this special anniver- excellence. municipality by the New Jersey State Legisla- sary year.

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.055 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1063 PROPOSING A TAX LIMITATION her vote. As Professor Samuel Thompson, work on time, we need to put every day to AMENDMENT TO THE CONSTITU- one of this Nation’s leading tax law authorities, good use. But that’s not what we are doing TION OF THE UNITED STATES observed at a 1997 House Judiciary Sub- today. committee hearing on the same proposal: ‘‘the Instead, today the House is again consid- SPEECH OF core problem with this proposed Constitutional ering a proposed constitutional amendment HON. SHEILA JACKSON-LEE amendment is that it would give special inter- that was debated, and that failed of approval, OF TEXAS est groups the upper hand in the tax legisla- just last year. I think that is a waste of time, IN THE HOUSE OF REPRESENTATIVES tive process.’’ especially since the proposal does not de- Wednesday, June 12, 2002 By requiring a supermajority to do some- serve to pass. thing as basic as getting the money to run I’m not a lawyer, but it’s clear that the lan- Ms. JACKSON-LEE of Texas. Mr. Speaker, government, H.J. Res. 96 diminishes the guage of the proposal is an invitation to litiga- I rise to oppose H.J. Res. 96, Tax Limitation power of a member’s vote. It is a diminution. tion—in other words, to getting the courts in- Constitutional Amendment. There are three It is a disparagement. It is inappropriate, and volved even further in the law-making process. key points that are relevant to this constitu- the fact that this particular amendment has To say that Congress can define when a con- tional amendment: failed seven times in a row suggests that Con- stitutional requirement would apply, provided This Constitutional Amendment states that gress knows it. that the Congressional decision is ‘‘reason- any bill changing the internal revenue laws will H.J. Res. 96 will also make it nearly impos- able,’’ is to ask for lawsuits challenging what- require approval by two-thirds of the Members sible to eliminate tax loopholes, thereby lock- ever definition might be adopted. Aren’t there of both the House and Senate. ing in the current tax system at the time of enough lawsuits already over the tax laws? Do A Constitutional Amendment must pass both ratification. The core problem with this pro- we need to invite more? houses of Congress by a 2⁄3 vote before it is But more important than the technical as- passed onto the states for ratification. posed constitutional amendment is that it Adoption of the 16th amendment in 1913 would give special interest groups the upper pects of this proposal, I think it is bad because first allowed direct taxation of the American hand in the tax legislative process. Once a it moves away from the basic principle of de- people by the federal government. group of taxpayers receives either a planned mocracy—majority rule. The underlying legislation of H.J. Res. 96, is or unplanned tax benefit with a simple majority Under this proposal, there would be another an attempt to help the most well to do Ameri- vote of both Houses of Congress, the group category of bills that would require a two-thirds cans through a constitutional amendment that will then be able to preserve the tax benefit vote of both the House and the Senate. limits the ability of Congress to raise taxes with just a 34 percent vote of one House of That’s bad enough as it applies here in the and cut deficits. It is no secret that this legisla- Congress. House, but consider what that means in the tion is designed to disproportionately help the In addition, H.J. Res. 96 would make it inor- Senate. There, if any 34 Senators are op- richest people in this country. dinately difficult to make foreign corporations posed to something that take a two-thirds H.J. Res. 96 could make it difficult to main- pay their fair share of taxes on income earned vote, it cannot be passed. And, of course, tain a balanced budget or to develop a rein this country. Congress would even be lim- each state has the same representation responsible plan to restore Medicare or Social ited from changing the law to increase pen- gardless of population. Security to long-term solvency. H.J. Res. 96 is alties against foreign multinationals that avoid Consider what that means if the Senators in a resolution proposing an amendment to the U.S. taxes by claiming that profits earned in opposition are those from the 17 States with Constitution of the United States of America the U.S. were realized in offshore tax havens. the fewest residents. with respect to tax limitations, that would re- Estimates of the costs of such tax dodges are Looking at the results of the most recent quire any bill, resolution, or other legislative also significant. An Internal Revenue Service census, the total population of the 17 least- measure changing the internal revenue laws study estimated that foreign corporations populous states is about 21 million people. require for final adoption in each House the cheated on their tax returns to the tune of $30 That’s a respectable number, but remember concurrence of two-thirds of the Members of billion per year. that the population of the country is more than that House voting and present, unless the bill Another definitional problem arises from the 280 million. is determined at the time of adoption, in a rea- fact that it is unclear how and when the so- So, what this resolution would do would be sonable manner prescribed by law, not to in- called ‘‘de minimis’’ increase is to be meas- to give Senators representing about 7 percent crease the internal revenue by more than a de ured, particularly in the context of a roughly $2 of the American people the power to block minimis amount. trillion annual budget. What if a bill resulted in some kinds of legislation—even if that legisla- By requiring a two-thirds supermajority to increased revenues in years 1 and 2, but tion has sweeping support in the rest of the adopt certain legislation, H.J. Res. 96 dimin- lower revenues thereafter? It is also unclear country, even if it had passed the House by ishes the vote of every Member of the House when the revenue impact is to be assessed, an overwhelming margin, and even if it was and Senate, denying the seminal concept of based on estimates prior to the bill’s effective responding to an urgent national need. ‘‘one person one vote’’. This fundamental date, or subsequent determinations calculated Right now, that kind of supermajority is democratic principle insures that a small mi- many years out. Further, if a tax bill was retro- needed under the constitution to ratify treaties, nority may not prevent passage of important actively found to be unconstitutional, the tax propose Constitutional amendments, and to do legislation. This legislation presents a real refund issues could present insurmountable a few other things. danger to future balanced budgets and Medi- logistical and budget problems. But this resolution does not deal with things care and Social Security. I hope that my colleagues take seriously the of that kind. It deals only with certain tax Under H.J. Res. 96, it would be incredibly path H.J. Res. 96 would lead us down were it bills—bills that under the constitution have to difficult obtaining the requisite two-thirds to be adopted as is, therefore, I urge my col- originate here, in the House. Those are the supermajority required to pass important, fis- leagues to oppose H.J. Res. 96. bills that would be covered by this increase in cally responsible deficit-reducing packages. f the power of Senators who could represent And at a time in our history when the Baby such a very small minority of the American Boomers are now retiring, H.J. Res. 96 could PROPOSING A TAX LIMITATION people. make it more difficult to increase Medicare AMENDMENT TO THE CONSTITU- Why would we want to do that? Are the pro- premiums for those most able to pay their fair TION OF THE UNITED STATES ponents of this constitutional amendment so share of the bill, and could make it difficult bal- afraid of majority rule? Why else would they ancing both Medicare and Social Security pay- SPEECH OF be so eager to reduce the stature of this body, roll taxes in the long term. HON. MARK UDALL the House of Representatives, as compared H.J. Res. 96 would make it nearly impos- OF COLORADO with our colleagues in the Senate? sible to plug tax loopholes and eliminate cor- IN THE HOUSE OF REPRESENTATIVES Remember, that’s what this is all about— porate tax welfare, or even to increase tax en- ‘‘internal revenue,’’ however that term might Wednesday, June 12, 2002 forcement against foreign corporations. H.J. be defined by Congress or by the courts. Res. 96 would also make it nearly impossible Mr. UDALL of Colorado. Mr. Speaker, al- When Congress debates taxes, it is deciding to balance the budget, or develop a respon- ready this year is nearly half gone. But more what funds are to be raised under Congress’s sible plan to restore Medicare or Social Secu- than half our year’s work remains undone—in- Constitutional authority to ‘‘pay the debts and rity to long-term financial solvency. cluding consideration of the President’s pro- provide for the common defense and general I am deeply troubled by the concept of di- posal to establish a new Department of Home- welfare of the United States.’’ Those are seri- vesting a Member of the full import of his or land Security. If we are to complete the year’s ous and important decisions, to be sure, but

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.057 pfrm04 PsN: E14PT1 E1064 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 what is wrong with continuing to have them Colorado. This outstanding community was retain the quality of life and the environment of made under the principle of majority rule— cently recognized at the 40th Annual Excel- this community. Through these efforts, along meaning by the members of Congress who lence in Government Awards Program hosted with many volunteers, I have witnessed first- represent the majority of the American peo- by the Denver Federal Executive Board as the hand the pride that the citizens of this city ple? recipient of the Distinguished Local Govern- have for their community and its environment. So, Mr. Speaker, I cannot support this pro- ment Award. This dedication has also been manifest in the posed change in the Constitution. Our country Westminster, in the Congressional District I City’s extensive oversight of the cleanup of the has gotten along well without it for two cen- am proud to represent, has used the concept Rocky Flats facility, a former nuclear weapons turies. It is not needed. It would not solve any of ‘‘Improvement through Cooperation’’ as it production facility that exists just west of problem—in fact, it probably would create new strives to improve local services through a se- Westminster. The City was one of the first to ones—and it would weaken the basic principle ries of innovative intergovernmental coopera- suggest that this site be converted into a na- of democratic government, majority rule. It tive agreements with local, state and federal tional wildlife refuge once it is cleaned and should not be approved. government partners. closed. f The City has taken a leadership role in pro- Westminster continues to find innovative viding strong, representative management on ways to partner with private corporations, sis- IN HONOR OF YONG SOO JUN complex issues that affect citizens living in ter communities, public officials and local citi- Westminster and surrounding communities. zens to bring a superior quality of life to its HON. EDOLPHUS TOWNS Westminster led the way in 1980, bringing the residents. I applaud Westminster for the out- OF NEW YORK cities of Thornton and Northglenn and other standing examples of cooperative agreements IN THE HOUSE OF REPRESENTATIVES stakeholders to set up a water-monitoring pro- that have been instituted and look forward to gram that led to The Clear Creek Watershed their continued success on behalf of the Colo- Thursday, June 13, 2002 Management Agreement in 1994. Over a pe- radans they serve. Mr. TOWNS. Mr. Speaker, I rise today to riod of 20 years the original agreement has f recognize Yong Soo Jun, who has actively been expanded to more than 23 entities that promoted the interests of Korean-American benefit from this successful watershed-moni- COMMEMORATING HARRIS COUNTY entertainers. toring program. Water quality has been im- SHERIFF’S DEPUTY SHANE BEN- Mr. Jun, who currently lives in Fresh Mead- proved and enhanced and many ancillary NETT ow, New York, moved to New York from Chi- groups help in the sampling efforts, sample cago in 1980, and immediately became affili- collection and quality assurance. HON. GENE GREEN ated with the Korean American Entertainers In 1986 Westminster negotiated a first of its OF TEXAS Association, which at the time, had about thirty kind Intergovernmental agreement with the city IN THE HOUSE OF REPRESENTATIVES members. Over the next six years, Mr. Jun of Thornton to address the development of the Thursday, June 13, 2002 participated in and helped organize many Interstate 25 corridor to make a commitment Mr. GREEN of Texas. Mr. Speaker, I rise charitable events and performances for the to study and plan for orderly growth and de- this evening to honor the memory of a brave Korean community throughout New York and velopment. The goal was to simplify govern- law enforcement officer, Harris County Sher- New Jersey. mental structure and reduce and avoid friction iff’s Deputy Shane Bennett. Deputy Bennett In 1986, for business purposes, Mr. Jun between the two cities. This groundbreaking was killed early Wednesday morning, as he moved to Virginia, and spent the next ten agreement crafted a joint land use plan, estab- and two other deputies charged into a home years traveling from state to state. During this lished annexation and service areas and rev- and stopped a robbery and assault on an in- time, Mr. Jun constantly organized and partici- enue sharing. nocent family. pated in numerous events, bringing smiles to In 1997, Westminster led the way again by He and his fellow officers were summoned the faces of virtually everyone with whom he taking the leadership on a second intergovern- by a 911 call from a teenaged girl. Five gang came into contact. mental agreement with the cities of Broomfield members had broken into their house, and Upon his return to New York in 1996, Mr. and Thornton to study additional highway were in threatening the ten people inside with Jun picked up where he left off. He imme- interchanges on Interstate 25 as the traffic im- guns. Tragically, it appears that they had diately resumed his activity with the Korean pacts continued to grow. New intergovern- made a mistake, since they were demanding American Entertainers Association, which by mental agreements were signed, original jewelry, money, and drugs, none of which then had increased its membership to about agreements were amended to meet current these innocent people possessed. 100, and became President of the organiza- needs and the citizens of these communities While only two members of the family were tion in 2001. As President, Mr. Jun met Rev- have highway corridors that are designed to shot, a woman of 22 and her 3 month old son, erend Solomon Y. Kim, the pastor of the Mirral address traffic demands. the outcome could have been much worse if Church, in the Bensonhurst section of Brook- Water rights and water quality are concerns the officers had not arrived and come to the lyn. Their collaboration has produced many for every western city. In a state with limited family’s rescue. special events, including a performance at supplies and an expanding population, care- These assailants were all members of the Brookdale Hospital’s Shulman Institute Nurs- fully negotiated water agreements are critical Latin Kings street gang, and two of them had ing Home, and charity events for children with to limiting legal disputes and preserving finan- criminal records, including weapons posses- leukemia. A devoted husband and father, Mr. cial resources. Fourteen years ago, West- sion charges. Two of them were killed by the Jun used to view receiving an applause after minster provided regional leadership when it officers, and the rest were tracked down and one of his performances as his ultimate goal, signed the Clear Creek Water Quality Agree- captured by an intensive manhunt through the but has found another calling in life in helping ment with three neighboring cities and the nearby woods and homes by officers from a others in need. Coors Brewing Company. Citizens have clean- half-dozen local police agencies. Therefore, I would like to acknowledge Mr. er, more abundant supplies of water and can After hearing of the shooting, law-enforce- Yong Soo Jun for his accomplishments and be proud of the sophisticated legal agreement ment officers from all over the Houston area volunteer work for the communities of New that has served the partnership for more than gathered at Memorial Hermann Hospital, pre- York. a decade. pared to roll up their sleeves and give the gift f Regional parks, libraries and recreation fa- of life for their brother in arms. cilities have all been enhanced by cooperative Sadly, as they arrived, they were met with TRIBUTE TO CITY OF WEST- agreements with neighboring cities and edu- the news of Deputy Bennett’s death, and MINSTER FOR DISTINGUISHED cational institutions. Strong intergovernmental could do nothing but comfort his family, and LOCAL GOVERNMENT AWARD agreements expand services for local resi- each other. dents in several communities. New golf Shane Bennett, 29 years old, was a mem- HON. MARK UDALL courses, fitness centers, ice skating arenas ber of the class of 1990 at Spring High OF COLORADO and parks with campsites, hiking trails, camp- School, in north Harris County. He had been IN THE HOUSE OF REPRESENTATIVES grounds and water recreation all provide ex- patrolling the second patrol district, which cov- ceptional leisure time activities. ers 300 square miles of unincorporated Harris Thursday, June 13, 2002 On a personal note, I have, on my own, County, since 1997. Mr. UDALL of Colorado. Mr. Speaker, I rise ‘‘adopted’’ a section of the Dry Creek open His colleagues remember him as a dedi- today to pay tribute to the city of Westminster, space in Westminster as a way to help main- cated officer, who loved his job. He was

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.061 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1065 known for his eagerness to combat the drug Long Island Association of Crime Prevention he had stumbled onto something much more trade in this area, and was often involved in Officers. important than any other discovery he had breaking up meth labs, a dangerous job due She acts as a volunteer for the Boy Scouts/ ever made, and he spent the next ten years to the volatility of the chemicals used in the Cub Scouts and serves as a religion education bringing the principle to a practical stage. The process. instructor for St. Philip and James Church. following decade was to be spent perfecting Ed Christensen, president of the Harris She gives freely of her time to the Special the original device. County Deputies’ Association, remembered Olympics, Toys for Tots and various commu- Antonio Meucci called his work on this him as a tireless and hardworking officer. He nity outreach groups. project, ‘‘teletrofono.’’ Meucci was unable to also said, ‘‘Shane died a hero. What would As one of the precinct’s school liaison offi- commercialize his invention because he did have happened if he hadn’t been there? He cers she helped create a program at the not speak enough English to navigate the laid down his life and gave the ultimate sac- Smithtown Middle School to decrease prob- American business community, and, having rifice. He absolutely laid down his life for his lems among students relating to theft, fighting spent most of his life savings on his work, he fellow man.’’ and other misconduct. was unable to raise sufficient funds to pay his Deputy Bennett is survived by his wife, Te- She has been recognized as cop of the way through the patent process. Instead, he resa, and his 20 month old daughter, Alyssa. month and has received several awards from had to settle for a caveat, a one-year renew- According to reports, as he lay mortally public officials for her work with the Smithtown able notice of an impending patent, which wounded, the name of the young girl who will Veteran’s Youth Program. Meucci first filed in 1871. never know her father was the last words he Police Officer Brennan has received certifi- While a brilliant inventor, Meucci was victim was able to speak. cations as a school resource officer and crime of a series of financial and personal misfor- We are indebted to Shane Bennett for his prevention officer. She is a member of the tunes. A Western Union affiliate laboratory— courage, and we share the grief of his family NYS Juvenile Officers Association. where Meucci was keeping his models to and offer kind words, knowing that it is a poor She also serves as one of our school liaison demonstrate his work—reportedly lost his substitute for their loss. officers and sits on several committees ad- working models, and as Meucci—was sub- Every day, ordinary men and women make dressing youth development and delinquency siding off public assistance, he could not af- an extraordinary commitment when they put prevention programs. She is a member of the ford the $10 necessary to renew the caveat in on the badge that symbolizes the oath they S.A.F.E. Schools Committee, Kings Park 1874. In 1876, Alexander Graham Bell, who took to protect and serve, the badge that also Compass, Sachem Teen Driving Committee conducted experiments in the same laboratory makes them a target. Every day, they leave and the Raynor Park Youth Program. where Meucci’s materials had been stored, their families behind, not knowing if they will f was granted a patent, and thereafter credited come home that night. with inventing the telephone. Nine months HONORING THE LIFE AND Congress should continue to make sure that later, the government moved to annul Bell’s ACHIEVEMENTS OF 19TH CEN- we keep our commitment to the law enforce- patent on the grounds of fraud and misrepre- TURY ITALIAN-AMERICAN IN- ment by providing funding for more officers, sentation, which the Supreme Court remanded VENTOR ANTONIO MEUCCI better equipment, and advanced training. It not for trial. only saves the lives of officers, but it makes SPEECH OF Meucci died in 1889, the Bell patent expired our families, our homes, and our neighbor- in 1893 and the case was discounted as moot hoods a safer place to live. HON. RUSH D. HOLT without ever uncovering the true inventor of f OF NEW JERSEY the telephone. If Meucci were able to renew IN THE HOUSE OF REPRESENTATIVES his caveat, a patent to Bell could have never HONORING SUFFOLK COUNTY OF- Tuesday, June 11, 2002 been issued. FICERS AND LOIS APRILE AND The world of science and invention is a DENISE BRENNAN Mr. HOLT. Mr. Speaker, I rise in support of highly competitive one, where inventors com- legislation considered by the House this week pete to make and market their discoveries. It HON. FELIX J. GRUCCI, JR. which calls attention to an under recognized is only right that we call attention to the work OF NEW YORK historical figure, Antonio Meucci, and his work of one brilliant inventor who history has not IN THE HOUSE OF REPRESENTATIVES on an invention that we today know as the given his proper due, and who made enor- telephone. Mr. Meucci is a testament to the Thursday, June 13, 2002 mous contributions toward the invention of this hard work and innovation that made America device. I urge support for the bill. Mr. GRUCCI. Mr. Speaker, today I rise to great. f honor Suffolk County Officers Lois Aprile and Most Americans know the story of Alex- Denise Brennan who have been selected as ander Graham Bell, the man given sole credit RECOGNIZING WILBERFORCE UNI- the recipients of the Rotary Club of for the invention of the telephone. This resolu- VERSITY PRESIDENT DR. JOHN Smithtown’s 32nd Annual Peter J. Biegon tion makes clear, though, that another man L. HENDERSON Award. made enormous strides in laying the ground- Police Officers Aprile and Brennan were ap- work for the invention, an Italian immigrant by HON. DAVID L. HOBSON pointed to the Suffolk County Police Depart- the name of Antonio Meucci. OF OHIO ment on January 25, 1988. After graduating Antonio Meucci was born near Florence, IN THE HOUSE OF REPRESENTATIVES from the Police Academy they were assigned Italy, in 1808. He studied mechanical engi- to the Fourth Precinct, assuming the duty of neering at Florence’s Academy of Fine Arts Thursday, June 13, 2002 patrol officers. Their professional association and then worked in the Teatro della Pergola Mr. HOBSON. Mr. Speaker, I rise today to and friendship go back many years. and various other theaters as a stage techni- recognize the achievements of Dr. John L. It wasn’t long after being assigned to the cian until 1835, when he accepted a job as a Henderson, who, for the past 14 years, has Fourth Precinct that it became evident that scenic designer and stage technician in Ha- served as the president of Wilberforce Univer- these two energetic officers were committed to vana, Cuba. sity, which is located in Greene County, Ohio establishing programs to benefit a wide range Fascinated by research, Meucci read every in the 7th Congressional District. of community interests. In recognition of these scientific tract he could get his hands on, and On June 30th, Dr. Henderson will be retiring efforts, they were both assigned to the Fourth spent all his spare time in Havana on re- after a distinguished career in which he served Precinct COPE Unit in 1995. search, inventing a new method of galvanizing at Wilberforce and in leadership positions at Police Officer Aprile is certified as a crime metals that he applied to military equipment Xavier University, the University of Cincinnati, prevention officer, a school—resource officer for the Cuban government. At the same time, Sinclair Community College and Cincinnati and a DARE instructor. She is currently work- he continued his work in the theater and pur- Technical College. He also has taught edu- ing toward the completion of a master’s de- sued his experiments. cation, counseling and psychology courses gree in counseling at C.W. Post, L.I.U. She is As a result of his research, Meucci had de- since 1966. a member of several committees, including the veloped a method of using electric shocks to Dr. Henderson’s tenure at Wilberforce has Sachem Committee on Drugs, Hauppauge treat various illnesses. One day, while pre- been marked by many accomplishments, not School District Drug Task Force and is a paring to administer such a treatment, Meucci the least of which is the institution’s physical board member of the Smithtown Veterans heard his friend’s voice over the piece of cop- growth. Some of the major facilities con- Youth Program. She is also a member of the per wire running between them. He realized structed during his tenure include: a health

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.065 pfrm04 PsN: E14PT1 E1066 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 and wellness center, a gymnasium/student ac- Greene Park and contributes to the creation of stall the Leonardo Multi-Purpose Logistics tivities center, new dormitories, a communica- a Brooklyn Bridge Park. Module and the Mobile Remote Servicer Base tions center and a new administration building. As Fort Greene Association Chair, he System on the International Space Station. As a former member of the Wilberforce serves as the liaison between the Association This launch marks Endeavour’s 18th flight Board of Trustees, I have always found Dr. and elected officials, Community Board Two, and also marks the 14th shuttle flight to the Henderson to be a dedicated educator and the 88th Precinct Council and the Brooklyn space station. This launch is also historically administrator, and a true advocate for the stu- Borough President’s office. His ability to juggle significant because Astronaut Franklin Chang- dents and faculty at Wilberforce. His profes- and maintain these various relationships is a D«õaz makes a record-tying seventh flight into sional demeanor and extensive experience in true talent. space. He now shares the record with Astro- Ohio’s outstanding system of higher education Mr. Speaker, Howard Pitsch has dedicated naut Jerry Ross. have always made it a pleasure to work with himself to serving his Brooklyn community. As During this mission, Astronaut Franklin Dr. Henderson and I have been privileged to such, I urge my colleagues to join me in hon- Chang-D«õaz, along with French Space Agency have been able to work on the school’s behalf oring this truly remarkable person. Astronaut Philippe Perrin have also preformed in the Ohio State Senate and in Congress. f three scheduled spacewalks that continue the Dr. Henderson’s comprehensive knowledge assembly of the International Space Station. of higher education has been recognized with IN TRIBUTE TO SERGEANT FIRST These extravehicular activities mark the first his selection to leadership positions in numer- CLASS DANIEL ROMERO time that Chang-D«õaz and Perrin have been ous educational organizations. He is a mem- the first spacewalks for both astronauts. ber of: the Board of Directors of the National HON. MARK UDALL Four years ago, I had the privilege of meet- Association of Independent Colleges and Uni- OF COLORADO ing and getting to know Dr. Franklin Chang- versities, the Council of Independent Colleges IN THE HOUSE OF REPRESENTATIVES D«õaz, an outstanding scientist and an accomplished astronaut. During this four year period, and Universities, the National Commission of Thursday, June 13, 2002 Cooperative Education, the Council of Presi- Dr. Chang-D«õaz has accompanied me to nine dents of The College Fund/United Negro Col- Mr. UDALL of Colorado. Mr. Speaker, I rise middle schools in my district to talk about the lege Fund, Minorities in Mathematics, Science today to pay tribute to an American hero. Ser- importance of our national space program and and Engineering and the Givat Haviva Edu- geant First Class Daniel Romero was killed to encourage students to take more math and cational Foundation that oversees the edu- while diffusing ordinance in Afghanistan on science classes. I have also had the oppor- cation of college students in Israel. April 15, 2002. A member of the Colorado Na- tunity to visit his plasma propulsion laboratory Most recently, President George W. Bush tional Guard from Lafayette, Colorado, Daniel at the Lyndon B. Johnson Space Center in appointed Dr. Henderson to serve on the was called to active duty following the Sep- Houston. President’s Advisory Council on Historically tember 11 attacks against our country. Dr. Chang-D«õaz is a man of many talents. Black Colleges and Universities. A ten-year veteran of the National Guard, Not only is he the second human to make Dr. Henderson received his bachelor’s de- Daniel was a communications specialist in the seven space flights, he is also currently devel- gree from the Hampton Institute in 1955, and Special Forces. He also attended jump school, oping the new Variable Specific Impulse his Master’s degree in Education in Coun- language school, and paramedic school. Dan- Magnetoplasma Rocket (VASIMR) concept. seling and Guidance from the University of iel received the highest praise from his fellow The VASIMR prototype rocket engine is de- Cincinnati. Dr. Henderson continued his stud- soldiers including his Master Sergeant, who signed to shorten the trip to Mars and provide ies at the University of Cincinnati and received said, ‘‘I always rode him hard and every time a saver environment for the crew. his Doctorate of Education in Counselor Edu- he stepped up to the plate.’’ He was sent with Dr. Chang-D«õaz has been working with sci- cation. his unit to Afghanistan as a paramedic coordi- entists at NASA and the Department of En- As Ohio’s Seventh District Representative to nator and ended up mastering a new commu- ergy to develolp this project. To date, he has the Congress of the United States, I take this nications system that had confused the rest of been able to secure just enough funding to opportunity to publicly recognize Dr. Hender- the unit. Daniel’s versatility was just one of the keep the project operating. However, this son and his achievements on behalf of Wilber- traits that made him a model soldier. project is too important to allow it to just sur- force University. His many contributions to the Like so many of our brave men and women, vive. I am hopeful that NASA will quickly real- educational growth of the nation’s oldest pri- Daniel left his home to defend his country. He ize the need to have a dedicated stream of vately funded historically black co-educational left behind his parents Michael and Geralyn, funding for the VASIMR project. institution of higher learning are noteworthy his two sisters Stephanie and Gabrielle, and Our nation is fortunate to have such out- and I thank him for his service. his new wife Stephanie Wendorf. To them, our standing individuals, like Dr. Chang-D«õaz and f humble nation thanks them and praises them, the other crew members, as part of our na- for they have paid the ultimate price in the tional space program. Our NASA astronauts A TRIBUTE TO HOWARD PITSCH name of freedom. are scheduled to arrive back to earth on Mon- Mr. Speaker, as we are engaged in this bat- day, June 17. At that time, I look forward to HON. EDOLPHUS TOWNS tle to free the world from terror, I am sure that welcoming back our heros. OF NEW YORK every one of my colleagues will join me in sa- Mr. Speaker, I ask that my colleagues join IN THE HOUSE OF REPRESENTATIVES luting Sergeant First Class Daniel Romero. His me in congratulating Astronaut Franklin dedication and devotion to his family, his unit, « Thursday, June 13, 2002 Chang-Dõaz, the Johnson Space Center in and his country can serve as an example to Houston and everyone at NASA for a suc- Mr. TOWNS. Mr. Speaker, I rise in honor of all Americans. He is a symbol of the values cessful launch and a successful mission. Howard Pitsch in recognition of his long-term that makes America great and is a testament f dedication to his community. to the spirit that will see this country through Howard is a twenty-year resident of Fort even these troubled times. HONORING NADINE CIOFFI AND Greene who has assisted in promoting the f THE WILLIAM FLOYD ELEMEN- progressive revitalization of the community. He TARY SCHOOL is the chair of the Fort Greene Association, a CONGRATULATING NASA AND DR. not-for-profit organization dedicated to historic FRANKLIN CHANG-DI´AZ FOR A HON. FELIX J. GRUCCI, JR. SHUTTLE MISSION preservation, strengthening community rela- OF NEW YORK tions and improving the quality of life and IN THE HOUSE OF REPRESENTATIVES parks. In this position, he has used his profes- HON. GENE GREEN Thursday, June 13, 2002 sional expertise as a marketing manager for OF TEXAS Newsweek to enhance the profile of this vital IN THE HOUSE OF REPRESENTATIVES Mr. GRUCCI. Mr. Speaker, today I rise to community organization. honor Ms. Nadine Cioffi and the William Floyd He builds relationships with social and cul- Thursday, June 13, 2002 Elementary School in Mastic Beach, New tural organizations to improve the Fort Greene Mr. GREEN of Texas. Mr. Speaker, I rise York, upon their receipt of The New York and Downtown Brooklyn areas. The Fort today to congratulate NASA on the successful State Health Facilities Association’s ‘‘Group Greene Association sponsors a scholarship for launch of the Space Shuttle Endeavour on Volunteer of the Year’’ award for 2002. a student to attend the Brooklyn Music School. June 6. This important mission has delivered Ms. Cioffi is honored today for her unwaver- The Association also works to restore Fort the Expedition Five crew, and continues to in- ing commitment to the students of William

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.068 pfrm04 PsN: E14PT1 June 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1067 Floyd Elementary School by establishing a HONORING THE CENTENNIAL OF Church. Since then, he has built the Friend- pen-pal club 13 years ago for her 1st, 2nd, THE OHIO BURGEE ship Baptist Church into a community centered and 3rd graders. institution that provides GED preparation and Every September the students of Ms. HON. DAVID L. HOBSON testing, computer literacy, computerized book- Cioffi’s classes send letters to the residents of OF OHIO keeping, computer technology, introductory Cedar Lodge Nursing Home in Center IN THE HOUSE OF REPRESENTATIVES Spanish courses, as well as a partnership with Moriches, New York and have the opportunity Phoenix House of America. to meet with their pen pals later in the year. Thursday, June 13, 2002 Rev. Caddy is currently a board member of This program has served to enrich the lives of Mr. HOBSON. Mr. Speaker, I rise today to the NAACP, the Bedford Stuyvesant Legal both students and seniors alike. celebrate the 100th anniversary of the adop- Services, the State University of New York The value of bringing lives together has tion of the Ohio state flag, which is officially (BEOC), the Neighborhood Advisory Board, been rich and fulfilling. Students have the op- and affectionately known as the Ohio burgee and the Community Action Board. In addition, portunity to speak and listen to seniors who because of its unique swallowtail design. The he serves on the Chaplain Staff of the New have much to give of themselves. Students Buckeye State is the only state in the union to York City Police Department and the Metro- provide company and friendship to the resi- have a flag that isn’t rectangular, which is fit- politan Transportation Authority. dents of Cedar Lodge, friendship they might ting, since Ohio is unlike any other state. Rev. Caddy is not only a spiritual father to not otherwise have received in their day to Cuyahoga County resident John Eisenmann his community, but also the father of two chil- day lives. designed the burgee and then transferred his dren of his own, Nyesha Joy and Craig Jr. Ms. Cioffi has shown a commitment to ex- rights and interests in the flag to the State of The Bedford Stuyvesant community is cellence and a spirit of ingenuity that has fos- Ohio. He received a U.S. patent for his design blessed to have Rev. Caddy serving them. tered a thriving relationship between her stu- in 1901 and the Ohio Legislature officially May God continue to bless him and the work dents and residents of Cedar Lodge Nursing adopted it on May 9, 1902. Mr. Eisenmann, an that he does. I urge my colleagues to join me Home. She has planted and nurtured the accomplished architect, may have been in- in honoring Rev. Craig B. Caddy Sr. seeds of friendship and virtue within the bud- spired by the shapes of the guidons carried by f ding minds of her students. I am truly touched the U.S. cavalry. The flag was intended to be by her devotion, and wish her success in all first flown from the Ohio building at the Pan- A BILL TO AMEND THE TOXIC of her future endeavors. American Exposition of 1901, a circumstance SUBSTANCES CONTROL ACT AND THE FEDERAL INSECTICIDE, f which also may also have contributed to its unusual shape. Mr. Eisenmann also designed FUNGICIDE, AND RODENTICIDE CENTRAL NEW JERSEY HONORS the Cleveland Arcade; was instrumental in the ACT MR. ALLEN M. SILK, ESQ. effort to construct the Perry Victory and Inter- national Peace Memorial at Put-In-Bay, and HON. BOB GOODLATTE HON. RUSH D. HOLT authored Cleveland’s first comprehensive OF VIRGINIA OF NEW JERSEY building code. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The flag’s large blue triangle represents Thursday, June 13, 2002 Thursday, June 13, 2002 Ohio’s hills and valleys, and the stripes represent roads and waterways. The 13 stars Mr. GOODLATTE. Mr. Speaker, today I join Mr. HOLT. Mr. Speaker, I rise today to rec- grouped about the circle represent the original my colleague Representative PAUL GILLMOR in ognize, honor and thank Mr. Allen Silk, a dedi- states of the union; the 4 stars added to the introducing legislation submitted by the Admin- cated advocate for abused and neglected chil- peak of the triangle symbolize that Ohio was istration which would implement three very im- dren and their families in the Trenton/Mercer the 17th state admitted to the union. The white portant international agreements involving the County area since 1976. circle with its red center not only represents distribution and sale of chemicals and pes- Over four separate decades, Mr. Silk has the ‘‘O’’ in Ohio, but also suggests Ohio’s fa- ticides in international commerce. been active in helping children and families mous nickname of ‘‘The Buckeye State.’’ This legislation will amend the Federal In- through the Mill Hill Child and Family Develop- For 100 years, the Ohio burgee has been secticide, Fungicide, and Rodenticide Act, and ment Corporation. Established in 1971 as a one of the most instantly recognizable sym- the Toxic Substances Control Act in order to child care center and safe haven for babies bols of the State of Ohio. It has flown beside comply with our obligations under the Stock- ages 2Ð12 months, Allen has helped to ex- Old Glory on thousands of flagpoles and been holm Convention on Persistent Organic Pollut- pand the center’s reach tremendously. Specifi- carried in parades celebrating our independ- ants (POPs Convention), the Protocol to the cally, Allen Silk has helped to expand the ence, noteworthy events in state history, even 1979 Convention on Long-Range services of the Mill Hill Center from just sixty at the head of columns of Ohio troops return- Transboundary Air Pollution on Persistent Or- children to over one hundred and forty chil- ing from conflicts overseas. ganic Pollutants (LRTAP POPs Protocol), and dren at any given time. As we look forward to the upcoming Cen- the Rotterdam Convention on the Prior In- Mr. Silk has also played an integral role in tennial of Flight celebration in Dayton and the formed Consent Procedure for Certain Haz- forming the Mill Hill Foundation, and in doing state Bicentennial in 2003, I encourage all ardous Chemicals and Pesticides in Inter- so he has aided in raising awareness and Ohioans to proudly display their Ohio burgee national Trade (PIC Convention). funds for the abused and neglected children at on its 100th anniversary. Due to their unique characteristics, POPS, the Mill Hill Center. By increasing awareness, f which include substances such as DDT, PCBs Mr. Silk has helped many Americans to come and dioxins, are chemicals of both local and to terms with the reality of child abuse and ne- A TRIBUTE TO REVEREND CRAIG global concern. POPs are toxic, persist in the glect. B. CADDY SR. environment for long periods of time, and ac- I commend Mr. Silk on the work he has cumulate as they move up the food chain. The done to help children and families. Mr. Silk HON. EDOLPHUS TOWNS United States, among the very first to call for has helped those children who do not have a OF NEW YORK a global POPs Convention, provided strong chance to defend themselves from the rav- IN THE HOUSE OF REPRESENTATIVES leadership throughout the negotiations to bring ages of abuse and neglect, and I am sure that this important environmental treaty to a suc- Mr. Silk has helped to improve the lives of Thursday, June 13, 2002 cessful conclusion. thousands of children. Mr. TOWNS. Mr. Speaker, I rise today in Likewise, the PIC procedure is designed to Allen Silk has truly been a champion for honor of Rev. Craig B. Caddy Sr. and his spir- give participating countries in the developing those children and families served by Mill Hill. itual service in the community. world information about the risks posed by I am very pleased to be able to recognize his Born to Lucille Atkins, Rev. Caddy began banned or severely restricted chemicals, as passion and devotion to helping so many peo- his ministry 19 years ago under the leadership well as certain severely hazardous pesticide ple. and teachings of the late Rev. Dr. D.W. Batts formulations. Therefore, Mr. Speaker, again, I rise to cele- in his native home of Bedford-Stuyvesant. He Each of these conventions represent a well brate and honor this true New Jersey treasure. realized the needs of his community and saw thought out and balanced approach at gaining I ask my colleagues to join me in recognizing the vital role that the church played in meeting international agreement on procedures to pro- Mr. Allen M. Silk, Esq. of the Mill Hill Child those needs. In 1999, he was called to serve tect human health and the environment. I and Family Development Corporation. as the Pastor of the Friendship Baptist commend all of the negotiators from the

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.072 pfrm04 PsN: E14PT1 E1068 CONGRESSIONAL RECORD — Extensions of Remarks June 14, 2002 present and past administrations that worked through mine on Agriculture, will build bipar- constituencies to develop this legislation and on these agreements. tisan legislation under which the United States ensure that the United States continues to Mr. Speaker, the legislation we introduce would be in full compliance with our inter- hold our position of leadership in developing today represents a starting point from which national obligations under these conventions. effective, achievable and balanced inter- Chairman GILLMOR, working through his Sub- I look forward to working with my col- national environmental policy. committee on Energy and Commerce, and I leagues, the Administration, and interested

VerDate 112000 01:35 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.076 pfrm04 PsN: E14PT1 Friday, June 14, 2002 Daily Digest

HIGHLIGHTS Senate passed Suppression of Terrorist Bombings Bills (S. 1770 and H.R. 3275). Senate Reid (for Wellstone/Graham) Amendment No. Chamber Action 3849, to make certain modifications. Page S5617 Routine Proceedings, pages S5563–S5621 Terrorism Risk Insurance Act: Senate continued Measures Introduced: Four bills were introduced, consideration of S. 2600, to ensure the continued fi- as follows: S. 2624–2627. Page S5584 nancial capacity of insurers to provide coverage for Measures Passed: risks from terrorism, taking action on the following amendments proposed thereto: Suppression of Terrorist Bombings: Committee Pages S5573–74, S5575–77 on the Judiciary was discharged from further consid- Adopted: eration of H.R. 3275, to implement the Inter- By 81 yeas to 3 nays (Vote No. 155), Harkin/ national Convention for the Suppression of Terrorist Allen Amendment No. 3838, to provide for satisfac- Bombings to strengthen criminal laws relating to at- tion of judgments from frozen assets of terrorists, tacks on places of public use, to implement the terrorist organizations, and State sponsors of ter- International Convention of the Suppression of the rorism. Pages S5573–74, S5575 Financing of Terrorism, to combat terrorism and de- Withdrawn: fend the Nation against terrorist acts, and by 83 yeas Santorum Amendment No. 3842, to implement to 1 nay (Vote No. 154), Senate passed the bill, after the International Convention for the Suppression of agreeing to the following amendment proposed Terrorist Bombings to strengthen criminal laws re- thereto: Page S5574 lating to attacks on places of public use, to imple- Leahy/Hatch Amendment No. 3847, in the nature ment the International Convention of the Suppres- of a substitute. Page S5574 sion of the Financing of Terrorism, to combat ter- Suppression of Terrorist Bombings: Committee rorism and defend the Nation against terrorist acts. on the Judiciary was discharged from further consid- Pages S5573–74 eration of S. 1770, to implement the International Pending: Convention for the Suppression of Terrorist Bomb- Brownback Amendment No. 3843, to prohibit ings to strengthen criminal laws relating to attacks the patentability of human organisms. Page S5574 on places of public use, to implement the Inter- Ensign Amendment No. 3844 (to Amendment national Convention of the Suppression of the Fi- No. 3843), to prohibit the patentability of human nancing of Terrorism, to combat terrorism and de- organisms. Page S5574 fend the Nation against terrorist acts, and the bill A motion was entered to close further debate on was then passed, after agreeing to the following the bill and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a amendment proposed thereto: Pages S5574–75 cloture vote will occur on Tuesday, June 18, 2002. Leahy/Hatch Amendment No. 3848, in the nature Page S5575 of a substitute. Pages S5574–75 A unanimous-consent agreement was reached pro- Democratic Elections in Colombia: Senate agreed viding for further consideration of the bill at 2 p.m., to S. Res. 283, recognizing the successful completion on Monday, June 17, 2002, and at 9:30 a.m., on of democratic elections in the Republic of Colombia, Tuesday, June 18, 2002, with the time until 9:45 after agreeing to the following amendment proposed a.m. for debate only, prior to the cloture vote on the thereto: Pages S5617–18 bill. Further, that Senators have until 3 p.m., on D616

VerDate 11-MAY-2000 02:33 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JN2.REC pfrm04 PsN: D14JN2 June 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D617 Monday, to file first degree amendments; and until Record Votes: Two record votes were taken today. 9:40 a.m., on Tuesday, to file second degree amend- (Total—155) Pages S5574, S5575 ments; and that the Senate stand in recess on Tues- Adjournment: Senate met at 9 a.m., and adjourned day, from 12:30 p.m.–2:15 p.m., for the weekly at 12:47 p.m., until 2 p.m., on Monday, June 17, party conferences. Page S5618 2002. Nominations Received: Senate received the following nominations: Committee Meetings Nancy C. Pellett, of Iowa, to be a Member of the Farm Credit Administration Board, Farm Credit Ad- (Committees not listed did not meet) ministration for a term expiring May 31, 2008. Cheryl Feldman Halpern, of New Jersey, to be a NEWBORN SCREENING Member of the Board of Directors of the Corporation Committee on Health, Education, Labor, and Pensions: for Public Broadcasting for a term expiring January Subcommittee on Children and Families concluded 31, 2008. hearings to examine what new measures may be J. Anthony Holmes, of California, to be Ambas- needed to enhance current options and awareness sador to Burkina Faso. Aurelia E. Brazeal, of Geor- concerning the screening of newborns to improve de- gia, to be Ambassador to the Federal Democratic Re- tection of conditions that threaten the life and long- public of Ethiopia. term health of infants, including expanding State W. Scott Railton, of Virginia, to be a Member of newborn screening programs and improving informa- the Occupational Safety and Health Review Com- tion sharing among screening programs and State mission for a term expiring April 27, 2007. systems of care for children with special health care Page S5621 needs, after receiving testimony from Peter C. van Nominations Withdrawn: Senate received notifica- Dyck, Associate Administrator for Maternal and tion of withdrawal of the following nominations: Child Health, Health Resources and Services Admin- Cheryl Feldman Halpern, of New Jersey, to be a istration, Department of Health and Human Serv- Member of the Board of Directors of the Corporation ices; Jeffrey Botkin, University of Utah School of for Public Broadcasting for the remainder of the Medicine, Salt Lake City, on behalf of the American term expiring January 31, 2004, which was sent to Academy of Pediatrics and Association of Medical the Senate on November 9, 2001. Page S5621 School Pediatric Department Chairs Society for Pedi- atric Research; Scott A. Rivkees, Yale University Additional Cosponsors: Page S5584 School of Medicine, New Haven, Connecticut, on be- Statements on Introduced Bills/Resolutions: half of the Connecticut Newborn Screening Program Pages S5584–S5613 Genetics Advisory Committee; Bradford L. Therrell, Additional Statements: Pages S5583–84 University of Texas Health Science Center Depart- ment of Pediatrics, San Antonio, Texas, on behalf of Authority for Committees to Meet: Page S5617 the National Newborn Screening and Genetics Re- Privilege of the Floor: Page S5617 source Center; and Jill Wood, Fairfax, Virginia. h House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD The House was not in session today. It will meet Week of June 17 through June 22, 2002 at 12:30 p.m. on Monday, June 17 for morning hour debate. Senate Chamber On Monday, at 2 p.m., Senate will resume consideration of S. 2600, Terrorism Risk Insurance Act. Committee Meetings On Tuesday, at 9:30 a.m., Senate will continue No committee meetings were held. consideration of S. 2600, Terrorism Risk Insurance Act, with a vote on the motion to close further debate to occur thereon.

VerDate 11-MAY-2000 02:33 Jun 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JN2.REC pfrm04 PsN: D14JN2 D618 CONGRESSIONAL RECORD — DAILY DIGEST June 14, 2002 During the balance of the week, Senate also ex- June 19, Full Committee, to hold hearings on S. 2473, pects to consider S. 2514, National Defense Author- to enhance the Recreational Fee Demonstration Program ization Act, and any other cleared legislative and ex- for the National Park Service; and S. 2607, to authorize ecutive business. the Secretary of the Interior and the Secretary of Agri- culture to collect recreation fees on Federal lands, 9:30 Senate Committees a.m., SD–366. June 20, Subcommittee on National Parks, to hold (Committee meetings are open unless otherwise indicated) hearings on S. 139/H.R. 3928, to assist in the preserva- Special Committee on Aging: June 20, to hold hearings to tion of archaeological, paleontological, zoological, geologi- examine long-term care financing, 9:30 a.m., SD–628. cal, and botanical artifacts through construction of a new Committee on Appropriations: June 19, Subcommittee on facility for the University of Utah Museum of Natural Treasury and General Government, to hold hearings to History, Salt Lake City, Utah; S. 1609/H.R. 1814, to examine the effectiveness of the National Youth Anti- amend the National Trails System Act to direct the Sec- Drug Media Campaign, 2:30 p.m., SD–192. retary of the Interior to conduct a study on the feasibility June 20, Subcommittee on Transportation, to hold of designating the Metacomet-Monadnock-Mattabesett hearings to examine Amtrak’s financial condition, 10:30 Trail extending through western Massachusetts and cen- a.m., SD–192. tral Connecticut as a national historic trail; S. 1925, to Committee on Armed Services: June 20, to hold hear- establish the Freedom’s Way national Heritage Area in ings on the nomination of Gen. Ralph E. Eberhart, the States of Massachusetts and New Hampshire; S. 2196, USAF, for reappointment to the grade of general and to to establish the National Mormon Pioneer Heritage Area be Commander in Chief, United States Northern Com- in the State of Utah; S.2388, to direct the Secretary of mand/Commander, North American Aerospace Defense the Interior to study certain sites in the historic district Command, 9:30 a.m., SH–216. of Beaufort, South Carolina, relating to the Reconstruc- Committee on Banking, Housing, and Urban Affairs: June tion Era; S. 2519, to direct the Secretary of the Interior 18, business meeting to mark up the proposed Public to conduct a study of Coltsville in the State of Con- Company Accounting Reform and Investor Protection Act necticut for potential inclusion in the National Park Sys- of 2002, 10 a.m., SD–538. tem; and S. 2576, to establish the Northern Rio Grande Committee on Commerce, Science, and Transportation: June National Heritage Area in the State of New Mexico, 2:30 18, Subcommittee on Consumer Affairs, Foreign Com- p.m., SD–366. merce, and Tourism, to hold hearings to examine steroid Committee on Environment and Public Works: June 18, to use in professional baseball and anti-doping issues in hold hearings to examine water resources development amateur sports, 9:30 a.m., SR–253. programs within the U.S. Army Corps of Engineers, 2:30 June 19, Subcommittee on Communications, to hold p.m., SD–406. hearings to examine future sufficiency and stability of the June 20, Subcommittee on Superfund, Toxics, Risk, Universal Service Fund, 10 a.m., SR–253. and Waste Management, to hold hearings to examine les- June 19, Subcommittee on Science, Technology, and sons learned from asbestos remediation activities in Libby, Space, to hold hearings to examine the National Aero- Montana, as well as home insulation concerns relating to nautics and Space Administration, focusing on education asbestos, 9:30 a.m., SD–406. programs, 2:30 p.m., SR–253. Committee on Finance: June 18, to hold hearings to ex- June 20, Full Committee, to hold hearings to examine amine the protection of seniors from abuse and neglect, global climate change, focusing on the U.S. Climate Ac- 10 a.m., SD–215. tion Report, 10 a.m., SR–253. June 18, Full Committee, business meeting to resume Committee on Energy and Natural Resources: June 18, Sub- markup of H.R. 7, to provide incentives for charitable committee on Public Lands and Forests, to hold hearings contributions by individuals and businesses, to improve on S. 198, to require the Secretary of the Interior to es- the effectiveness and efficiency of government program tablish a program to provide assistance through States to delivery to individuals and families in need, and to en- eligible weed management entities to control or eradicate hance the ability of low-income Americans to gain finan- harmful, nonnative weeds on public and private land; S. cial security by building assets; and to begin markup of 1846, to prohibit oil and gas drilling in Finger Lakes S. 2498, to amend the Internal Revenue Code of 1986 National Forest in the State of New York; S. 1879, to to require adequate disclosure of transactions which have resolve the claims of Cook Inlet Region, Inc., to lands ad- a potential for tax avoidance or evasion; and S. 2119, to jacent to the Russian River in the State of Alaska; S. amend the Internal Revenue Code of 1986 to provide for 2222, to resolve certain conveyances and provide for alter- the tax treatment of inverted corporate entities and of native land selections under the Alaska Native Claims transactions with such entities, 2:30 p.m., SD–215. Settlement Act related to Cape Fox Corporation and Committee on Foreign Relations: June 19, Subcommittee Sealaska Corporation; S. 2471, to provide for the inde- on Western Hemisphere, Peace Corps and Narcotics Af- pendent investigation of Federal wildland firefighter fa- fairs, to hold hearings on S. 1017, to provide the people talities; and S. 2482, to direct the Secretary of the Inte- of Cuba with access to food and medicines from the rior to grant to Deschutes and Crook Counties in the United States, to ease restrictions on travel to Cuba, to State of Oregon a right-of-way to West Butte Road, 2:30 provide scholarships for certain Cuban nationals, 2:30 p.m., SD–366. p.m., SD–419.

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Committee on Governmental Affairs: June 19, to hold June 20, Full Committee, to hold joint closed hearings hearings on the nomination of Michael D. Brown, of Col- to examine certain intelligence matters, 2:30 p.m., orado, to be Deputy Director of the Federal Emergency SH–219. Management Agency, 10:30 a.m., SD–342. Committee on the Judiciary: June 18, to hold hearings to June 20, Full Committee, to hold hearings to examine examine proposals to reform the death penalty, 10 a.m., the President’s proposal to create a Department of Home- SD–226. land Security, 9:30 a.m., SD–106. June 19, Subcommittee on Crime and Drugs, to hold Committee on Health, Education, Labor, and Pensions: June hearings to examine penalties for white collar offenses, 19, business meeting to consider S. 2184, to provide for 10:30 a.m., SD–226. the reissuance of a rule relating to ergonomics; S. 2558, to amend the Public Health Service Act to provide for House Chamber the collection of data on benign brain-related tumors To be announced. through the national program of cancer registries; S. 2328, to amend the Public Health Service Act and the House Committees Federal Food, Drug, and Cosmetic Act to ensure a safe Committee on Appropriations, June 18, Subcommittee on pregnancy for all women in the United States, to reduce the Treasury, Postal Service and General Government, on the rate of maternal morbidity and mortality, to elimi- OPM, 10 a.m., 2359 Rayburn. nate racial and ethnic disparities in maternal health out- June 20, Subcommittee on Transportation, on Trans- comes, to reduce pre-term, labor, to examine the impact portation Security Administration, 10 a.m., 2358 Ray- of pregnancy on the short and long term health of burn. women, to expand knowledge about the safety and dosing June 20, Subcommittee on the Treasury, Postal Service of drugs to treat pregnant women with chronic conditions and General Government, on Office of National Drug and women who become sick during pregnancy, to ex- Control Policy, 10 a.m., 2359 Rayburn. pand public health prevention, education and outreach, June 21, Subcommittee on Commerce, Justice, State and to develop improved and more accurate data collec- and Judiciary, on FBI Reorganization, 10 a.m., 2359 tion related to maternal morbidity and mortality; S. Rayburn. 1115, to amend the Public Health Service Act with re- Committee on the Budget, June 19, hearing on Social Se- spect to making progress toward the goal of eliminating curity: The Long-Term Budget Implications, 10 a.m., tuberculosis; S. 710, to require coverage for colorectal 210 Cannon. cancer screenings; and pending nominations, 9:30 a.m., Committee on Education and the Workforce, June 18, Sub- SD–430. committee on Employer-Employee Relations, hearing on June 19, Full Committee, to hold hearings on proposed ‘‘The Rising Cost of Health Care: How are Employers legislation authorizing funds for the National Science and Employees Responding?’’ 2 p.m., 2175 Rayburn. Foundation, focusing on math and science research, devel- June 20, Subcommittee on Workforce Protections, opment, and education in the 21st century, 1:45 p.m., hearing on ‘‘An Assessment of the Use of Union Dues for SD–430. Political Purposes: Is the Law Being Followed or Vio- June 20, Full Committee, to hold hearings to examine lated?’’ 10 a.m., 2175 Rayburn. workers freedom of association, focusing on obstacles to June 21, Subcommittee on Employer-Employee Rela- forming unions, 10 a.m., SD–430. tions, hearing on ‘‘Expanding Access to Quality Health June 21, Full Committee, to hold hearings to examine Care: Solutions for Uninsured Americans,’’ 10:30 a.m., the importance of summer school to student achievement 2175 Rayburn. and well being, 9:30 a.m., SD–430. Committee on Financial Services, June 18, Subcommittee Select Committee on Intelligence: June 17, closed business on Capital Markets, Insurance and Government Sponsored meeting to consider pending intelligence matters, 11 Enterprises, to continue hearings entitled ‘‘Insurance Reg- a.m., SH–219. ulation and Competition for the 21st Century,’’ Part III, June 18, Full Committee, to hold joint closed hearings 2 p.m., 2128 Rayburn. with the House Permanent Select Committee on Intel- Committee on Government Reform, June 17, Subcommittee ligence to examine certain events surrounding September on Criminal Justice, Drug Policy and Human Resources, 11, 2001, 10 a.m., S–407 Capitol. hearing on ‘‘Homeland Security Reorganization: What June 18, Full Committee, to hold joint closed hearings Impact on Federal Law Enforcement and Drug Interdic- with the House Permanent Select Committee on Intel- tion?’’ 2:30 p.m., 2154 Rayburn. ligence to examine certain events surrounding September June 19, full Committee, hearing on ‘‘The Status of 11, 2001, 2:30 p.m., S–407, Capitol. Research Into Vaccine Safety and Autism,’’ 11 a.m., 2154 June 19, Full Committee, to hold joint closed hearings Rayburn. with the House Permanent Select Committee on Intel- June 20, hearing on ‘‘The Department of Homeland ligence to examine certain events surrounding September Security: An Overview of the President’s Proposal,’’ 1 11, 2001, 10 a.m., S–407, Capitol. p.m., 2154 Rayburn. June 19, Full Committee, to hold joint closed hearings Committee on International Relations, June 18, Sub- with the House Permanent Select Committee on Intel- committee on Middle East and South Asia, hearing on ligence to examine certain events surrounding September Recent Developments in the Middle East, 1:30 p.m., 11, 2001, 2:30 p.m., S–407, Capitol. 2172 Rayburn.

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June 19, full Committee, hearing on Foreign Govern- Improvement Act Amendments of 2002, 11 a.m., 1334 ment Complicity in Human Trafficking: A Review of the Longworth. State Department’s 2002 Trafficking in Persons Report, June 20, Subcommittee on Forests and Forest Health, 1 p.m., 2172 Rayburn. hearing on the following: H.R. 4870, Mount Naomi June 19, Subcommittee on East Asia and the Pacific, Wilderness Boundary Adjustment Act; a measure to pro- hearing on Recent Developments in Burma, 10 a.m., vide for the conveyance of the Mount Wilson Observatory 2200 Rayburn. in the Angeles National Forest, California, to the non- June 19, Subcommittee on Europe, hearing on ‘‘NATO profit organization currently operating the observatory and Enlargement: A United States and NATO Perspec- under long-term lease; H.R. 3802, to amend the Edu- tive,’’ 10 a.m., 2172 Rayburn. cation Land Grant Act to require the Secretary of Agri- June 20, full Committee, hearing on Oil Diplomacy: culture to pay the costs of environmental reviews with re- Facts and Myths Behind Foreign Oil Dependency, 10:45 spect to conveyances under that Act; a measure to provide a.m., 2172 Rayburn. for the exchange of certain lands in the Coconino and Committee on the Judiciary, June 18 and 19, to continue Tonto National Forests in Arizona; and the Los Padres markup of H.R. 3215, Combating Illegal Gambling Re- National Forest Land Exchange Act of 2002, 9:30 a.m., form and Modernization Act; and to mark up the fol- 1334 Longworth. lowing bills: H.R. 1452, Family Reunification Act of Committee on Rules, June 17, to consider the following: 2001; H.R. 4623, Child Obscenity and Pornography Pre- a resolution relating to consideration of the Senate vention Act of 2002; H.R. 4477, Sex Tourism Prohibi- amendment to H.R. 3009, Andean Trade Promotion and tion Improvement Act of 2002; H.R. 4679, Lifetime Drug Eradication Act; and H.R. 327, Small Business Pa- Consequences for Sex Offenders Act of 2002; H.R. 4858, perwork Relief Act of 2002, 5:30 p.m., H–313 Capitol. to improve access to physicians in medically underserved June 18, to consider the following: H.R. 2114, Na- areas; H. Res. 417, recognizing and honoring the career tional Monument Fairness Act; H.R. 3389, National Sea and work of Justice C. Clifton Young; and H.R. 4864, College Program Act Amendments of 2002; H.R. 1979, Anti-Terrorism Explosives Act of 2002, 10 a.m., 2141 Small Airport Safety, Security, and Air Service Improve- Rayburn. ment Act of 2002; and H.R. 4931, Permanent Retire- June 18, Subcommittee on Crime, Terrorism, and ment Security and Pension Reform Act of 2002, 4:30 Homeland Security, hearing on H.R. 912, Innocence Pro- p.m., H–313 Capitol. tection Act of 2001, 4 p.m., 2237 Rayburn. Committee on Science, June 20, Subcommittee on Envi- June 19, Subcommittee on Immigration, Border Secu- ronment, Technology, and Standards, hearing on Research rity, and Claims, oversight hearing on ‘‘The Immigration Priorities for Aquatic Invasive Species, 10 a.m., 2318 and Naturalization Service’s (INS’s) Interior Enforcement Rayburn. Strategy,’’ 2 p.m., 2237 Rayburn. Committee on Small Business, June 19, hearing on How June 20, Subcommittee on Commercial and Adminis- Limiting International Visitor Visas Hurts Small Business trative Law, oversight hearing on ‘‘Litigation and its Ef- Tourism, 10 a.m., 2360 Rayburn. fect on the Rails-To-Trails Program,’’ 10 a.m., 2141 Ray- Committee on Transportation and Infrastructure, June 18, burn. Subcommittee on Highways and Transit, hearing on June 20, Subcommittee on Courts, the Internet, and Intermodalism: Moving America’s People and Goods, 10 Intellectual Property, oversight hearing on ‘‘Patent Reex- a.m., 2167 Rayburn. amination and Small Business Innovation,’’ 2 p.m., 2141 June 19, Subcommittee on Aviation, to mark up H.R. Rayburn. 4635, Arming Pilots Against Terrorism Act, 10 a.m., Committee on Resources, June 18 and 19, hearings on 2167 Rayburn. H.R. 4840, Sound Science for Endangered Species Act June 20, Subcommittee on Highways and Transit, Planning Act of 2002, 2 p.m., 1334 Longworth. hearing on Federal Transit Capital Grants Programs, 2 June 19, oversight hearing on the Washington Aque- p.m., 2167 Rayburn. duct and the effects of its discharge on the C&O Canal Committee on Ways and Means, June 18, Subcommittee National Historic Park and the endangered shortnose on Oversight, hearing on Retirement Security and De- sturgeon, 10 a.m., 1334 Longworth. fined Benefit Pension Plans, 11 a.m., 1100 Longworth. June 20, Subcommittee on Fisheries Conservation, June 18, Subcommittee on Social Security, to continue Wildlife and Oceans, to mark up the following measures: hearings on Social Security Disability Programs’ Chal- H. Con. Res. 408, honoring the American Zoo and lenges and Opportunities, 2 p.m., B–318 Rayburn. Aquarium Associate for their continued service to animal welfare, conservation education, conservation research, and Joint Meetings wildlife conservation programs; H.R. 3937, to revoke a Joint Meetings: June 18, Senate Select Committee on In- Public Land Order with respect to certain lands erro- telligence, to hold joint closed hearings with the House neously included in the Cibola National Wildlife Refuge, Permanent Select Committee on Intelligence to examine California; H.R. 4807, Susquehanna National Wildlife certain events surrounding September 11, 2001, 10 a.m., Refuge Expansion Act; H.R. 4882, to revise and mod- S–407, Capitol. ernize the provision of law governing the commissioned Joint Meetings: June 18, Senate Select Committee on In- officer corps of the National Oceanic and Atmospheric telligence, to hold joint closed hearings with the House Administration; and H.R. 4883, Hydrographic Services Permanent Select Committee on Intelligence to examine

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certain events surrounding September 11, 2001, 2:30 Commission on Security and Cooperation in Europe: June 19, p.m., S–407, Capitol. to hold hearings to examine the current human rights at- Joint Meetings: June 19, Senate Select Committee on In- mosphere in Kosovo, focusing on the rights of ethnic mi- telligence, to hold joint closed hearings with the House norities to return home, human trafficking, and the rising Permanent Select Committee on Intelligence to examine tensions between the region’s ethnic minorities, 9:30 certain events surrounding September 11, 2001, 10 a.m., a.m., SD–124. S–407, Capitol. June 20, Full Committee, to hold joint hearings to ex- Joint Meetings: June 19, Senate Select Committee on In- amine human rights in Greece, focusing on minority telligence, to hold joint closed hearings with the House rights, religious liberty, freedom of the media, human Permanent Select Committee on Intelligence to examine trafficking, and domestic terrorism, 9:30 a.m., 334, Can- certain events surrounding September 11, 2001, 2:30 non Building. p.m., S–407, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 17 12:30 p.m., Monday, June 17

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: Consideration of suspensions. of S. 2600, Terrorism Risk Insurance Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hobson, David L., Ohio, E1065, E1067 Maloney, Carolyn B., N.Y., E1061 Holt, Rush D., N.J., E1065, E1067 Menendez, Robert, N.J., E1049 Abercrombie, Neil, Hawaii, E1055 Hooley, Darlene, Ore., E1055 Moran, James P., Va., E1051 Barr, Bob, Ga., E1055 Jackson-Lee, Sheila, Tex., E1063 Nadler, Jerrold, N.Y., E1047 Brady, Robert A., Pa., E1057 Johnson, Nancy L., Conn., E1059 Pallone, Frank, Jr., N.J., E1059 Cramer, Robert E. (Bud), Jr., Ala., E1058 Johnson, Sam, Tex., E1052 Schakowsky, Janice D., Ill., E1049 Davis, Tom, Va., E1062 Jones, Walter B., N.C., E1053 Shuster, Bill, Pa., E1051 Farr, Sam, Calif., E1053 Kanjorski, Paul E., Pa., E1053 Smith, Christopher H., N.J., E1047 Frelinghuysen, Rodney P., N.J., E1062 Kirk, Mark Steven, Ill., E1048 Souder, Mark E., Ind., E1058 Gekas, George W., Pa., E1056 Kleczka, Gerald D., Wisc., E1060 Thompson, Bennie G., Miss., E1060 Gillmor, Paul E., Ohio, E1054 Lampson, Nick, Tex., E1057 Tiahrt, Todd, Kans., E1050 Goodlatte, Bob, Va., E1067 Lee, Barbara, Calif., E1051 Towns, Edolphus, N.Y., E1049, E1051, E1054, E1056, Green, Gene, Tex., E1064, E1066 McCollum, Betty, Minn., E1055 E1058, E1060, E1061, E1064, E1066, E1067 Grucci, Felix J., Jr., N.Y., E1065, E1066 McIntyre, Mike, N.C., E1050 Udall, Mark, Colo., E1063, E1064, E1066 Hall, Ralph M., Tex., E1057, E1057 McKeon, Howard P. ‘‘Buck’’, Calif., E1049 Walsh, James T., N.Y., E1055, E1059, E1061 Hastings, Alcee L., Fla., E1061 McKinney, Cynthia A., Ga., E1061 Wolf, Frank R., Va., E1050

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