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

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

Vol. 149 WASHINGTON, TUESDAY, DECEMBER 9, 2003 No. 176 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, January 20, 2004, at 12 noon. Senate TUESDAY, DECEMBER 9, 2003

The Senate met at 10 a.m. and was peace on Earth, we thank You for Your Your ways our ways. Be for our Sen- called to order by the President pro Word and for the eternal truths that ators a refuge and a fortress and may tempore (Mr. STEVENS). guide us day by day. Thank You, Lord, they put their trust in You. Help each for another day with opportunities to of us to depend upon Your strength as PRAYER make a difference in Your world. we navigate life’s challenging seas. The Chaplain, Dr. Barry C. Black, of- Thank You also for the sureness of May we trust the wonderful laws of fered the following prayer: Your presence that brings us peace in Let us pray. the midst of this world’s turmoil. Lord, sowing and reaping, knowing You will Eternal Spirit, Who directs the paths teach us to turn to You so that Your bring us an abundant harvest. We pray of all who love You, in this season of thoughts can become our thoughts and this in Your great Name. Amen.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before December 9, 2003, a final issue of the Congressional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 8633 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16082 CONGRESSIONAL RECORD — SENATE December 9, 2003 PLEDGE OF ALLEGIANCE colleagues and our staff. I, too, hope abolish overtime for 8 million workers; The PRESIDENT pro tempore led the they all had a good Thanksgiving holi- reinstating the Senate-passed provision Pledge of Allegiance, as follows: day, and I appreciate the work that has on media ownership; striking the been done at the staff level over the House language blocking the imple- I pledge allegiance to the Flag of the United States of America, and to the Repub- course of the last couple weeks as we mentation of country-of-origin label- lic for which it stands, one nation under God, have prepared for this day. ing; striking the provision that weak- indivisible, with liberty and justice for all. I look forward to our discussions in ens the background check require- the next couple of minutes with regard ments of the Brady bill; striking the f to how we might proceed. I have a provision to impose a voucher system RESERVATION OF LEADER TIME more extensive statement with regard on the DC public school system; strik- The PRESIDENT pro tempore. Under to the omnibus appropriations bill that ing the provision to allow the con- the previous order, the leadership time I will make at a later time. tracting out of over 400,000 Federal jobs is reserved. Obviously, there are some executive and reinstating the House-passed lan- nominations that we believe could be guage; and striking the provisions im- f addressed. We have been working to- posing arbitrary across-the-board cuts RECOGNITION OF THE MAJORITY gether to find how we might move a to education, Head Start, veterans LEADER large number of them today, and I hope health care, highway construction, and The PRESIDENT pro tempore. The before the end of this day we will have other needed programs. I further ask majority leader is recognized. completed our work on that as well. consent that the resolution be subject I look forward to working with the to 1 hour of debate equally divided, f majority leader and our colleagues in that no amendments or motions be in SCHEDULE the hope we can make this a very pro- order, and that after the expiration of ductive day. the time, the bill be agreed to and sent Mr. FRIST. Mr. President, I welcome I yield the floor. to the House of Representatives. Fi- everybody back from a short recess The PRESIDENT pro tempore. The nally, I ask consent that upon approval over the Thanksgiving holiday. I hope majority leader is recognized. of this correcting resolution by the everyone did have a safe and a restful Mr. FRIST. Mr. President, the Demo- House, the omnibus appropriations bill period after a very busy 3 to 4 weeks cratic leader and I will be in discus- be agreed to by the Senate, and that it just prior to that. I hope everybody had sions over the next several minutes, be sent to the President for his signa- an opportunity to spend good time, but I suggest we go ahead into morning ture. quality time with family and friends. business at this juncture. The PRESIDING OFFICER. Does the As I announced before the break, we leader so modify his request? have returned today with the hope of f Mr. FRIST. I object to the Demo- completing our work on the appropria- MORNING BUSINESS cratic leader’s request. tions process. Chairman STEVENS fin- The PRESIDENT pro tempore. Under Mr. DASCHLE. Mr. President, then I ished the negotiations on the omnibus the previous order, there will now be a object to the request made by the ma- measure, and that conference report period for the transaction of morning jority leader. was filed in the House of Representa- business, with Senators permitted to The PRESIDING OFFICER. The Sen- tives before we departed for Thanks- speak therein for up to 10 minutes ator from West Virginia is recognized. giving. each. Mr. BYRD. Mr. President, both re- Today, we hope to take up that con- Mr. DASCHLE. Mr. President, I sug- quests have thus far been objected to; ference report and dispose of it, al- gest the absence of a quorum. am I correct? though I understand this will not be The PRESIDENT pro tempore. The The PRESIDING OFFICER. That is possible. I will be discussing momen- clerk will call the roll. correct. tarily other options with the Demo- The assistant legislative clerk pro- Mr. BYRD. I thank the Chair. cratic leader and will likely be proceeded to call the roll. Mr. FRIST. Mr. President, I ask pounding a unanimous consent request Mr. FRIST. Mr. President, I ask unanimous consent that at a time de- for consideration of the omnibus bill unanimous consent that the order for termined by the majority leader, after here later this morning. the quorum call be rescinded. consultation with the Democratic lead- We will not have any rollcall votes The PRESIDING OFFICER (Mr. er, the Senate proceed to the con- today, but in addition to any agree- ENZI). Without objection, it is so or- ference report to accompany the omni- ments we may reach here on the omni- dered. bus bill, provided, further, that there bus measure, we would like to also con- f be 5 hours for debate to be equally di- sider other legislative and executive vided in the usual form. I further ask matters that can be cleared over the UNANIMOUS CONSENT REQUEST— consent that following the use or yield- course of the day. Specifically, there CONFERENCE REPORT TO AC- ing back of debate time, the Senate are a large number of important execu- COMPANY H.R. 2673 proceed to a vote on the adoption of tive nominations that are pending on Mr. FRIST. Mr. President, I ask the conference report, with no inter- the calendar that I hope we will be able unanimous consent that the Senate vening action or debate. to address. Again, I will be working proceed to the consideration of the Mr. DASCHLE. Mr. President, I ob- with the Democratic leader to proceed conference report to accompany H.R. ject. to any of these noncontroversial nomi- 2673, the omnibus appropriations lan- The PRESIDING OFFICER. Objec- nations before we conclude our busi- guage; further, I ask unanimous con- tion is heard. ness today. sent that the conference report be Mr. FRIST. Mr. President, I am not At this juncture, I will be happy to agreed to and the motion to reconsider surprised by these objections. I think yield to the Democratic leader, and be laid upon the table. that a number of colleagues, including then likely we will go into a period of The PRESIDING OFFICER. Is there the distinguished Senator from West morning business, and we will have a objection? The Democratic leader. Virginia and others on their side, have discussion about the further plans for Mr. DASCHLE. Reserving the right been very open and forthright with the day. to object—and I will have a lengthier their intent to object to this legisla- f statement—I ask unanimous consent, tion. instead, that later today, at a time to The conference report was filed be- RECOGNITION OF THE MINORITY be determined by the two leaders, the fore Thanksgiving, and it was my hope LEADER Senate proceed to the consideration of that over the intervening period of The PRESIDENT pro tempore. The a resolution to correct the flaws in the time people would have had the oppor- Democrat leader is recognized. omnibus appropriations bill by: Rein- tunity to review the language before Mr. DASCHLE. Mr. President, I join stating the Senate-passed provision to we proceeded. I hope they have taken the majority leader in welcoming our prohibit the administration’s plan to that opportunity to do so.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16083 Given the objections we have just Mr. FRIST. Mr. President, I now ask ment insurance is an issue we will con- heard, it appears as though we will unanimous consent that the manda- tinue to discuss with our colleagues. need to file cloture on the measure to tory quorum under rule XXII be waived The House has not yet acted on unem- assure a vote on the conference report. and, further, that notwithstanding rule ployment insurance. It is an issue we That cloture vote will occur on Janu- XXII, this cloture vote occur on Janu- will continue to have under discussion ary 20. It is my hope that during this ary 20 at 2:30 p.m. as we go forward. period Members will take the addi- The PRESIDING OFFICER. Is there With that said, I do object. tional time to review it so everyone objection? The PRESIDING OFFICER. Objec- can fully understand the importance of Without objection, it is so ordered. tion is heard. much of the funding in this legislation. f f f UNANIMOUS CONSENT REQUEST— OMNIBUS SPENDING BILL H.R. 2800 AGRICULTURE, RURAL DEVELOP- Mr. DASCHLE. Mr. President, unless MENT, FOOD AND DRUG ADMIN- Mr. DASCHLE. Mr. President, I ask the majority leader has additional ISTRATION, AND RELATED unanimous consent that the Senate comments, I wish to take a few mo- AGENCIES APPROPRIATIONS proceed to the consideration of H.R. ments to address my concerns about ACT, 2004—CONFERENCE REPORT 2800, the Foreign Operations appropria- the current draft of the appropriations Mr. FRIST. Mr. President, I now ask tions bill, as passed by the Senate on bill. unanimous consent that the Senate October 30, that all after the enacting I believe the appropriations process proceed to the conference report to ac- clause be stricken and the text of divi- has fallen apart. This is a Frankenstein company H.R. 2673, the omnibus bill, sion D of H.R. 2673, the omnibus appro- monster of a bill born of a badly bro- for the purpose of filing cloture. I fur- priations bill, be inserted in lieu there- ken process. It is time to send it back ther ask consent that following the fil- of, the bill be read the third time, to the laboratory. ing of cloture on the conference report, passed, and the motion to reconsider be At the beginning of the year, we were laid upon the table, without inter- the Senate then proceed to a period of told the White House and the Senate vening action or debate. morning business, with Senators per- Republican leadership would make sure Mr. FRIST. Reserving the right to mitted to speak therein for up to 10 the appropriations process ran more object, Mr. President, I think much of minutes each. smoothly than ever before. In fact, the what is in the Foreign Operations bill The PRESIDING OFFICER. Is there process broke down to an extent never and part of the real focus of the pro- objection? seen before, opening the door to the posed unanimous consent request is on Without objection, it is so ordered. worst kind of legislative abuses and global HIV/AIDS funding. As most in The clerk will report. special interest giveaways. this body know, I do believe HIV/AIDS The assistant legislative clerk read This bill, this monstrosity, combines has presented the greatest moral, hu- as follows: 7 appropriations bills, including 11 of 15 The Committee of Conference on the dis- manitarian, and public health chal- Cabinet-level Departments, comprising agreeing votes of the two Houses on the lenge of really the last 100 years, if you $820 billion in Government spending. amendment of the Senate to the bill (H.R. look at the impact it is having. To agree to a unanimous consent re- We are under a continuing resolution 2673), making appropriations for Agriculture, quest this morning I believe would rep- and I have looked very closely to make Rural Development, Food and Drug Adminis- resent a shocking abrogation of our re- tration, and Related Agencies for the fiscal sure that sufficient moneys will not be sponsibilities to the people of this year ending September 30, 2004, and for other interrupted over the intervening period country. We have not finished until 21⁄2 purposes, having met, have agreed that the of time. Indeed, there is sufficient months into the fiscal year. This was House recede from its disagreement to the money that has not been allocated in amendment of the Senate, and agree to the supposed to have been done on October the appropriate funds that can be used same with an amendment, signed by a major- 1. It is now early December. ity of the conferees on the part of both and that would cover the increment of These delays are becoming regret- Houses. the next 1 month in terms of funding. tably common. But what makes this Again, it is important for colleagues The PRESIDING OFFICER. The Sen- omnibus unique is its utter disregard and others to understand we will be op- ate will proceed to the consideration of for the expressed will of each House of erating under a continuing resolution the conference report. Congress. The process was an abomina- and the funding that is currently being (The conference report is printed in tion, closed largely to Democrats, hid- appropriated, given to the organiza- the proceedings of the House in the den from the light of day, written to tions and to serve the needs of the peo- RECORD of November 25, 2003.) satisfy nothing more than special in- ple, will continue and there can be in- CLOTURE MOTION terest wish lists. creased funding allocated within the It didn’t have to be this way. The Mr. FRIST. Mr. President, for the appropriate categories to cover that in- Senate passed 12 of the 13 appropria- reasons stated earlier, I send a cloture crement over time for HIV/AIDS fund- tions bills by wide bipartisan margins. motion to the desk. ing. The PRESIDING OFFICER. The With that, I object. The House passed 13 appropriations clerk will report. The PRESIDING OFFICER. Objec- bills with wide margins. None of the The assistant legislative clerk read tion is heard. bills posed difficulties. The only reason the process was handled this way was as follows: f CLOTURE MOTION to ram through divisive provisions and UNANIMOUS CONSENT REQUEST— We the undersigned Senators, in accord- pork spending that could never win the ance with the provisions of rule XXII of the S. 1853 support of the Congress on their own. Standing Rules of the Senate, hereby move Mr. DASCHLE. Mr. President, I ask I thank Chairman STEVENS and espe- to bring to a close debate on the conference unanimous consent that the Senate cially my ranking member, Senator report to accompany H.R. 2673, a bill making proceed to the legislative session, that BYRD, for the work they did to avoid appropriations for the Department of Agri- the Finance Committee be discharged this calamity. They understand the culture and Related Agencies for fiscal year from further consideration of S. 1853, a proper process and worked to employ it 2004, and for other purposes: bill to extend unemployment insurance in this case. However, they were over- Bill Frist, Rick Santorum, George Allen, ruled by the White House and Repub- Robert F. Bennett, Jon Kyl, Ted Ste- benefits for displaced workers, that the vens, Kay Bailey Hutchison, Ben Senate proceed to its immediate con- lican leadership. That’s why we find Nighthorse Campbell, Mitch McCon- sideration, the bill be read the third ourselves in this regrettable situation nell, Judd Gregg, Orrin G. Hatch, John time and passed, and the motion to re- today. Cornyn, Christopher Bond, Saxby consider be laid upon the table. This brand of legislating opens the Chambliss, Sam Brownback, Larry E. The PRESIDING OFFICER. Is there door to the most ludicrous examples of Craig, Richard Shelby. objection? pork spending, which has contributed The PRESIDING OFFICER. The ma- Mr. FRIST. Reserving the right to to citizens’ loss of faith in the process jority leader is recognized. object, Mr. President, the unemploy- itself.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16084 CONGRESSIONAL RECORD — SENATE December 9, 2003 Even the conservative Taxpayers for raise the limit to make it easier on mean further delay, but 1 more month Common Sense said: media conglomerates, again, directly of delay is nothing compared to the en- This bill includes thousands of frivolous, overturning rollcall votes taken in the during damage this bill will cause to bizarre, and special interest earmarks for House and Senate on media ownership. the Senate, our Government, and our every congressional district in the nation. Mysteriously, once more, the legisla- Nation. For example, in this bill, somewhere tion confronted reality and the senti- EXTENSION OF THE FEDERAL UNEMPLOYMENT in these pages, you will find $2 million ment of the Members of both bodies. BENEFITS PROGRAM to encourage young people to play golf; Consider country-of-origin labeling: Mr. President, with regard to the half a million dollars for halibut data The omnibus legislation I have in front unanimous consent request I had made, collection; money for a replica mule of me includes language actually de- this holiday season is bringing the barn in LaSalle, IL; and most ironic, a laying the implementation of country- same bad news that millions of jobless half a million dollars for the ‘‘Exercise of-origin labeling for 2 years. The Sen- workers heard last year. Nearly 3 mil- in Hard Choices’’ Program at the Uni- ate passed country-of-origin labeling lion Americans have lost their jobs; 2.6 versity of Akron which attempts to on two occasions—in May of 2002 as million in manufacturing alone. The replicate House and Senate meetings in part of the farm bill, as well as just number of people looking for work for which congressional members review a last month with a vote of 56 to 32. more than 6 months has now tripled budget and vote to include or exclude Consumers deserve the right to make since the beginning of the Bush admin- various options. informed choices. The economic benefit istration. Alongside this kind of wasteful to farmers and ranchers in struggling In fact, the economy would have to spending, this bill includes several rural communities could not be more create over 347,000 jobs per month just mean-spirited damaging offsetting apparent. It was supported by 167 farm to keep the Bush administration from cuts. These cuts will result in 24,000 organizations representing 50 million having the worst rate of job creation of fewer children who will be served by Americans but opposed by the four any administration since the Great De- title I educational programs; 5,500 meatpackers that control 80 percent of pression. fewer kids will be able to attend Head the U.S. beef market. They worked be- Today, there are three job seekers for Start; 26,500 fewer veterans will receive hind the scenes to kill this rule and every job opening. Yet the Republican medical care; and $170 million will be that, too, is in this legislation. leadership in the Congress is again re- cut from needed highway construction This bill also undermines our ability fusing to address this urgent problem. projects. I could go on all day. to stop gun crimes: This bill requires During this holiday season, the tem- What is most troubling about this the destruction of background check porary Federal Unemployment Bene- bill is the fact that some of the most records within 24 hours. Current law re- fits Program will expire. This means egregious provisions that were sneaked quires records to be maintained for 90 each week after December 21, more into this bill at the last minute had al- days. It is vital to the war on terror, as than 80,000 Americans will run out of ready been rejected by one or both well as to domestic violence cases, that their State unemployment benefits. Houses of Congress. The fact that the retention of these records be main- These workers will not be eligible for White House directed conferees to in- tained. The retention of records has any additional assistance. clude them shows a contempt both for been critical to audit NICS and correct Last fall, before Congress adjourned, the procedures of Congress and the citi- mistaken approvals. We will no longer the Senate worked on a bipartisan zens they were designed to protect. have that ability as a result of the pro- basis to ensure that unemployment This bill once more allows the White visions included in this bill. workers would not be left out in the House to end overtime protection for The General Accounting Office re- cold. Unfortunately, the House Repub- American workers. The Senate voted ports that the 90-day retention allowed lican leadership decided to turn its to stop the White House’s plan by a the FBI to retrieve 235 guns that were back on these families, and the admin- vote of 54 to 45. The House agreed by a bought by people with criminal istration has failed to act as well. As a vote of 221 to 203. The reason is clear. records. result, thousands of workers were Ending overtime is bad for working We also had a big debate—a very ag- stranded until Congress reconvened, families, and it is bad for the economy. gressive debate—about DC vouchers. and we were able to pass an extension. At this precarious moment for our We stripped out the provision that was Over the last several weeks, Senate economy, the White House’s plan would reinserted to circumvent Democratic Democrats have repeatedly propounded deliver a pay cut to 8 million workers, objections. There was no account- unanimous consent requests to pass an including emergency medical per- ability here. In addition, we are under- extension to the Federal Unemploy- sonnel, criminal investigators, nurses, mining the Washington, DC, schools to ment Insurance Program. We faced Re- physician assistants, teachers, agri- advance a theory that absolutely has publican objections every time. House culture inspectors, and more. no evidence to back it up. Vouchers Majority Leader TOM DELAY went so Overtime accounts for nearly a quar- threaten to create two-tiered education far as to say he sees no reason to ex- ter of these workers’ take-home pay. system in which more children each tend the Federal unemployment com- For many Americans, their overtime year are left behind. But as with the pensation program. offers them the chance to save for col- other controversial provisions, vouch- Clearly, inaction is an unacceptable lege or a down-payment for a house, or ers, for the first time at the Federal position. It was last year, and it re- simply to meet their medical bills. It level, are in this bill. mains so this year. Since it appears has been vital protection for workers This bill also undermines our protec- Congress may not return until the end for the past 70 years, and now tion of federal workers. Language was of January, it is now even more urgent Congress’s defense of working families, dropped that blocked the OMB plan to that the administration influence con- overwhelmingly approved by both the contract out 400,000 Federal workers. gressional Republicans to work with us Senate and in the House, mysteriously The conferees had reached a bipartisan to pass a 6-month extension before was stripped from this bill. compromise, but that was rejected by Congress adjourns. Media ownership is another example. the White House. What remains pro- As we approach the holiday season, Real damage to our democracy occurs vides so many loopholes for OMB that we have to ensure that families are not when a few companies control the air- the Federal workers have very little left without the ability to make ends waves. We had broad bipartisan support protection. meet while searching for employment. for maintaining the limits—wide ma- This bill is to good legislating what a FOREIGN OPERATIONS CONFERENCE REPORT jorities, again, in both the House and dank basement corner is to good house- Mr. President, finally, let me briefly the Senate. keeping. Both could stand a good dose explain why I felt the need to ask After first agreeing to retain the lan- of sunlight, and that is just what we in- unanimous consent to pass the Foreign guage passed by the House and Senate tend to do. Operations conference report. AIDS is to limit the number of stations a net- We will not allow this bill to be the worse public health crisis the world work can own, conferees bowed to sneaked through a procedural back has ever known. Mr. President, 8,000 White House pressure to permanently door when no one is looking. It may people—8,000—die each and every day;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16085 15,000 people contract HIV every day, tle girl living in a land far away from this bill which would fund a variety of the majority of them young people. his own children, could grow up and programs critical to the American peo- The Foreign Operations conference live her life in freedom with a future ple and indeed the world. report provides $800 million for an in- filled with hope and opportunity. That does not seem possible now, but crease—a much needed increase—in the Brian Van Dusen had been flying the consequences of delay on this bill Global AIDS Program. It is a positive military helicopters for 19 years. He are real and the dangers are great. step in our effort to fight and defeat was stationed with the 571st Air Ambu- Many people will be affected by this this pandemic. It should have been lance Medical Company in Fort Carson. delay. One of the bills included in the done 2 months ago. We should not have In fact, he voluntarily deferred a post omnibus appropriations bill is the for- to wait another 2 months. The crisis is in Germany so that he would be de- eign operations budget. That measure simply too pressing. ployed with his own company to Iraq. includes increases in funds to combat Unfortunately, the Republican lead- He chose to go to Iraq because he be- the world’s growing AIDS epidemic. ership and the House Appropriations lieved in saving lives, and he believed With the support of Democrats and Re- Committee would have us wait. There in what we were doing. He wanted to publicans alike, $2.4 billion was added are a lot of controversial items in this go. to this bill to combat AIDS, tuber- huge omnibus, but let’s be clear: The He did, in fact, save lives. He also culosis, and malaria around the world. Foreign Operations conference report wanted to bring hope to the Iraqi peo- This money would be used to buy life- and the increased AIDS funding is cer- ple, especially the children. He also giving medicines to treat people suf- tainly not one of them. Foreign Oper- wanted to serve our country. fering with AIDS. It will help save the ations was signed by every single con- When he left for Iraq, Brian filled his lives of mothers, fathers, and their feree. It was minutes from being filed. duffle bag full of lollipops that he children afflicted by this deadly dis- Unfortunately, some Republicans in- would give to the children in Iraq. Not ease of AIDS. tervened and demanded that it be only did he give all of those lollipops If they have to wait another month rolled into the larger bill. away but he wrote letters home asking or two, will it make a difference? Un- Why? Because they wanted increased his wife to send even more. fortunately, the stark answer is yes. leverage on the omnibus and the con- Brian Van Dusen cared. His friends Bono, the founder of Data, a world- troversial policy provisions, provisions and family say he had a gentle manner; wide humanitarian group, has urged us that go against the will of bipartisan that he was a family man, a loving hus- to pass this bill now. He knows better majorities in both Houses of Congress. band to his wife Bridgette and devoted than most of us what a delay will mean So let’s be clear. The reason they in- father to his younger children Angel to the people on the ground who wait sisted on this was to hold increased and Joseph and to his older children patiently for our help. Can they wait AIDS funding hostage to these special Joshua and Kelly. Bridgette described another month or two? Probably not. interest giveaways. In a season of dis- him as a selfless man and a wonderful Closer to home, there are others who appointments, that is especially dis- father. will suffer if this measure is delayed. appointing. So I am very deeply dis- From Iraq, he took the time to write Our conferees provided an increase of appointed that by unanimous consent home regularly to send his love and $38 million to provide more AIDS drugs we could not take up a bill that had make sure Angel and Joseph were domestically through the AIDS drug passed unanimously in conference, learning to ride their mini-motor- assistance program at the Health and signed by all the conferees, recognizing cycles. ‘‘Make sure mommy takes you Human Services Department. that 8,000 people who die every day will riding,’’ he wrote. He loved his children Our Nation’s veterans will be among not get the kind of attention, the re- and his family with all of his heart. groups hit hardest by a delay on this sources, the commitment, and the re- Brian Van Dusen also loved NASCAR bill. sponse they so desperately need. and was an avid hunter. He cherished Again, on a bipartisan basis, the Sen- I yield the floor. the deer hunting trips he took with his ate led the way in providing additional The PRESIDING OFFICER. The Sen- older brother David. As David so elo- funds to make sure America’s veterans ator from Ohio. quently said after Brian’s death: will get the medical treatment they f You just can’t take anything for granted. were promised. In my own State of I’m going to miss him. He was a good brother Alaska, some veterans have had to ARMY CHIEF WARRANT OFFICER and a great father. God bless him—wherever wait months for a basic doctor’s ap- BRIAN VAN DUSEN he is. pointment. Unfortunately, the vet- Mr. DEWINE. Mr. President, I rise to Brian Van Dusen was a man of great erans in Alaska are not alone. The remember a native of Columbus, OH, a devotion. He was devoted to his wife. waiting lists for veterans around the brave man who sacrificed his life to He was devoted to his children. He was country, from Arizona to West Vir- save another, that of a little Iraqi girl devoted to our Nation. He gave of him- ginia, North Dakota to Florida, are on who had been severely injured in an ex- self in every way. He served selflessly the rise. As veterans return from Iraq, plosion near the Tigris River. That with compassion, courage, and the demand for medical care will in- man is Army CWO Brian Van Dusen. strength. Clare Booth Luce once said crease even more. Coupled with the 1 On May 9, 2003, Brian, age 39, and fel- that courage is the ladder on which all percent attrition rate for VA doctors low soldiers, CWO Hans Gukeisen from other virtues mount. Without question, per month—I repeat that, a 1 percent Lead, SD, and CPL Richard Carl from CWO Brian Van Dusen’s courage cre- attrition rate in VA doctors per King Hill, ID, were killed when their ated a ladder with rungs of great vir- month—the waiting periods for vet- air medical helicopter crashed after tue. He is an American hero who will erans will only get longer with this that little girl had been safely carried live on in our hearts and minds forever. delay. away in a separate aircraft. I yield the floor. Likewise, without the additional These three men were selfless. They The PRESIDING OFFICER. The Sen- money provided in the bill, 48 commu- were courageous. They understood how ator from Alaska. nity-based outpatient clinics will be in precious human freedom is and how f jeopardy. Since the VA is forced to op- precious human life is. At a memorial erate under the lower funding level service for them at Fort Carson, CO, URGING PASSAGE OF FISCAL provided in the continuing resolution, Chaplain James Ellison said: Our last YEAR 2004 OMNIBUS APPROPRIA- those clinics cannot open. In addition, act can demonstrate our life’s purpose. TIONS BILL pharmacy costs are going up for our Indeed, Brian Van Dusen’s purpose Mr. STEVENS. Mr. President, yester- Nation’s veterans. In 2003, drug costs was to preserve and protect freedom for day the House passed the fiscal year rose by a whopping 11 percent. The VA his children and his family, for us and 2004 omnibus appropriations bill by a is incurring increased demands for pre- our families, and, yes, for that little bipartisan vote. Republicans and scriptions every month. To cover the girl in Iraq and her family. He gave his Democrats alike joined in adopting high cost of drugs, the VA has been last full measure of devotion so that a this bill. I had hoped today the Senate forced to cut other high-priority med- little girl whom he did not know, a lit- could be given the opportunity to pass ical programs. They are forced by this

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16086 CONGRESSIONAL RECORD — SENATE December 9, 2003 delay to continue operating under last programs to help our Nation’s schools. hepatitis may not be there when they year’s lower funding level. So the prob- Unfortunately, that money is just not are needed. lem, again, will only get worse. available under the continuing resolu- The $122 million the conferees added Some of the older veterans, espe- tion, based on last year’s appropria- to strengthen and expand community cially those with whom I served during tions. Undoubtedly, now, despite our health centers will be delayed under World War II, may be forced to wait pledge, some children will be left be- the continuing resolution. This med- longer for long-term care because of hind. ical care to the underserved and unin- the delay of this bill. The VA had Under the continuing resolution, assured across the country should not be planned to increase long-term care by sistance for school districts, States, delayed, but it will be. 20 percent with the funds in this bill. I and colleges will also be delayed. For Similarly, the $1 billion in new am not sure those veterans from World example, the conferees provided an in- money for health research at the Na- War II can wait additional months for crease of $728 million for poor schools tional Institutes of Health will be de- that care. under the title I grant program which layed under the continuing resolution. Worst of all, the VA has raised con- helps disadvantaged children. These That is research on heart disease, can- cerns that the continuing resolution moneys are not available under the cer, diabetes, and other killers. It will may not authorize mandatory com- continuing resolution based on last have to be delayed until the bill is fi- pensation and benefit payments for year’s level, and that money will not nally passed. Our omnibus bill also includes an ad- veterans which were scheduled to begin be there when the second semester ditional $159 million to combat sub- in January. So, according to that infor- starts the first week of January. stance abuse and mental health dis- mation that we received from the VA, Kids with disabilities are also going eases. Hundreds of thousands of Ameri- unless we pass this bill this week, be- to suffer. The conferees provided $1.26 cans suffering from addiction and men- ginning on New Year’s Day, the VA billion in new funding to help States tal illness, who could have received ad- meet their responsibility for kids with will not be able to make the compensa- ditional care, will go untreated under learning disabilities and physical and tion payments to 2.5 million veterans the continuing resolution. These addi- and 314,000 of their survivors. There re- mental challenges. Instead of con- tional funds could treat thousands of mains some confusion about this issue. tinuing impressive increases in Federal Americans. They will not be available Likewise, the VA will not be able to commitment to reaching the 40 percent now. make benefit payments to another payment authorized for students with The omnibus bill also funds the Agri- 537,000 veterans. These benefit pay- disabilities, under the continuing reso- culture Department which helps feed ments are needs-based pensions and lution the Federal contribution will be the Nation. On a bipartisan basis, the sustain veterans with no other means frozen at 17.5 percent. This bill would conferees agreed to make substantial of support. The payments will average have paid 40 percent; the continuing increases in funding for programs to $790 per person per month. Obviously, resolution provides only 17.5 percent. I make sure that no child goes to bed those with no income cannot wait an- do not think our Nation’s schools hungry. other month without the money to pay should have to wait for this additional The conferees provided an additional for their rent or their food. money, which they should have re- $3.6 billion over the 2003 funding level I do not think it is fair to ask dis- ceived back in October shortly after for the Food Stamp Program. That abled veterans, for some of whom this the school year began. money is continued now at the 2003 is their only income, to wait an addi- Other education programs will suffer level—not at the higher level of this tional time. I do not think this is how under the continuing resolution. New bill. In fact, it is not enough money to our returning veterans from Iraq funds for reading, some $57 million, allow every qualified applicant to par- should be welcomed home. will be delayed; impact aid, about $49 ticipate in the Food Stamp Program Unfortunately, it is not just our Na- billion for children of military fami- without this bill. tion’s veterans who will suffer as the lies, will be affected; $50 million for our Not only that, but this bill provides Government is forced to continue oper- Nation’s colleges will be in jeopardy. an additional $1 billion in reserve fund- ating under last year’s levels for an- Saddest of all, to me, will be the delay ing to provide for any unanticipated in- other month or two. The Federal Hous- in funding for Head Start. We had pro- crease in program participation in food ing Administration at HUD has indi- vided an additional $148 million to ex- stamps. cated to our committee that its pro- pand and improve Head Start programs In total, that is an extra $4.6 billion rated insurance authority under this around the country. That also will be for the Food Stamp Program, or just continuing resolution is not enough to delayed because the money is not with- under $400 million a month. That is meet the current projections for either in the continuing resolution. what is going to be delayed—at least FHA mutual mortgage insurance or the In addition to the adverse impact on $400 million a month. FHA general insurance and special risk health care for our veterans, the con- This bill cannot possibly get to the insurance fund. That means that some- tinuing resolution will also have a neg- President until the end of January. It time in January the FHA insurance ative effect on health care programs means that almost $800 million will not be available to feed hungry families be- program for single-family and multi- for other Americans. Most immediate, tween now and the end of January. It family housing will run out of money. this bill provides an additional $50 mil- means that some families may not Needy families will also be forced to lion to prepare for a pandemic flu out- have a Christmas dinner. wait for the section 8 rent subsidy break, which is upon us now. It is upon Likewise, the conferees provided an vouchers. They are living in shelters us as I speak. Normally the flu season additional $837 million over the 2003 and must stay there for a few more does not begin in earnest until late funding level for other child nutrition months because we cannot bring this January, but this year it is early. If programs—programs such as school bill to a vote. this measure is delayed, that $50 mil- lunches, school breakfasts, child and Under the continuing resolution, the lion will sit in the Treasury while adult food programs, and the special AmeriCorps Program, which helps Americans go untreated and milk program. Since this bill has been needy families and communities, would unvaccinated for the flu. I seriously delayed, that money will not be avail- also be in jeopardy. Passage of our om- question whether they can wait for able to help the hungry. A 2-month nibus bill in January will delay this. January for that flu shot. I hope some- delay will mean about $70 million a Unless we pass this omnibus bill in thing will be done to meet that very month will not be there for those peo- January, there will be a delay in the pressing problem. ple. enrollment of tens of thousands of new Likewise, the $261 million provided in The omnibus appropriations bill volunteers. this measure for the Centers for Dis- funds the Department of Transpor- The Nation’s schoolchildren will also ease Control to combat emerging infec- tation programs for fiscal year 2004, as suffer if we do not pass this omnibus tious diseases is also not available well as other critical programs. bill before the end of the year. On a bi- under the continuing resolution. That For example, the conferees agreed to partisan basis, the conferees agreed to means the funds needed to combat dis- add an additional $1.5 billion to com- an increase of $2.9 billion for education eases such as SARS, monkeypox, and plete preparations for the November

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16087 Presidential election. Continued oper- of omnibus bills, and we sought to have appointment. He has been valiant in ation under a continuing resolution bills pass singularly as they should his efforts. He has been consistent in means the full amount of funding will be—13 separate appropriations bills. his search for ways by which we can be delayed, along with the installation I know there are items in here with come together and pass a bill on time. of state-of-the-art voting machines. which Senator BYRD disagrees. As I I could ask for nothing more. This is very critical to our Nation. We said, I know there are provisions with Members of this Congress have a all remember the last election, and we which I disagree. But the one thing I do duty and a responsibility to the Amer- pledged to fix that. I do not think it thank the Senator from West Virginia ican people, to the men and women will be possible because of the delay of for is working to try to get 13 separate who send us to represent them in this this bill. bills. It has not been possible for us to great Capitol. Those men and women This measure also funds transit pro- do that. We were forced at the last who send us to represent them in this grams at $7.3 billion to address traffic minute to make some concessions to Capitol do not expect us to congestion around the country. It pro- the White House and to the House in rubberstamp legislation. They do not vides $13.9 billion for the Federal Avia- order to get a bill that the House would expect us to cash our own paychecks tion Administration to ensure the safe- pass and which the President would without doing the work that we were ty of our air transportation system. In- sign. Some of those concessions are not sent here to do. Senators are paid to be creases in both programs are now in acceptable to the minority. I under- in the Capitol when votes are taken. jeopardy because this bill will not pass stand that. I understand the process. Today is such a day, yet few Senators before the end of the year. Unfortunately, the timing of this bill is are present. I have great concerns about the delay such that we had no alternative but to The 1,182-page conference report be- in funding for counterterrorism that make the concessions in order to get fore the Senate totals more than $328 will result in not passing this measure the bill to the House. billion. I hold my hand on the top of now. The conference report includes I had hoped that we would be able to this 1,182-page conference report. Here significant new funding for the Depart- pass it today. I know that is not posit is. What a mammoth bill, 1,182 pages. ment of the Treasury to disrupt the fi- sible. Delay of this bill is going to Yet we were asked to adopt this mam- nancing of terrorist groups. Delayed cause real problems for people around moth piece of legislation by unanimous funding could hamper the ongoing ef- this country and around the world, as I consent. The majority leader asked forts to disrupt the cash-flow to the said in the beginning. It will hit the Senators for their consent to bring this terrorist groups throughout the world. neediest among us hardest of all. And bill up, which is in the form of a con- The State-Justice-Commerce bill is for some, unfortunately, this delay ference report, and pass it without a also included within this omnibus may be a matter of life or death. Dur- rollcall vote. Is that the way the Amer- measure. If this bill is not adopted, ing the season of peace and helping ican people want their business to be critical funds for the FBI and counter- each other, particularly the spirit of conducted? terrorism programs will be delayed. In Christmas and the spirit of bipartisan- This bill totals more than $328 bil- addition, the United States would be ship, I had hoped the 2004 omnibus ap- lion. It provides funds for 11 of 15 Fed- late in paying its dues to the United propriations bill would be able to pass eral Departments. It wraps together Nations Educational, Scientific, and today. I regret deeply as chairman of the work of seven appropriations bills. Cultural Organization, which is due committee that is not possible. I take This conference report funds our Na- January 1. full responsibility for the delay be- tion’s schools and highways, our vet- The District of Columbia bill is fund- cause it was just not possible for us, erans clinics, workplace safety initia- ed in this legislation, including the within the rules, to finish the bills and tives, and medical research. It funds voucher program which was controver- get them to the Senate before this priorities that directly touch the lives sial, I will admit. But it is to give kids time. of every American citizen. Yet Mem- attending failing schools a chance to I yield the floor. bers of this body do not have the time, succeed in life. If this voucher program The PRESIDING OFFICER. The Sen- apparently, or the will, to be here at which is now authorized is delayed, it ator from West Virginia is recognized. their desks in the Senate and vote on probably cannot go into effect the next f this mammoth piece of legislation. In- semester. It is uncertain whether the stead of a rollcall vote, the majority OMNIBUS APPROPRIATIONS program can be up and running by the leader sought unanimous consent to next school year unless this bill passes Mr. BYRD. Mr. President, let me take up and pass this legislation by before the end of this year. begin by thanking my colleague, Sen- voice. My voice is not so good today Despite reports in the press and some ator STEVENS, the chairman of the Ap- but it is good enough to say no. I object opponents, I think this is a bipartisan propriations Committee, for the excel- to passing this bill without a rollcall. bill. I don’t believe there is a Senator lent work he has done on the bill that I announced my intention days ago in the Chamber who cannot or has not is now before the Senate, H.R. 2673, the to object to any unanimous consent re- claimed credit for at least one program omnibus appropriations bill. It consists quest to pass this bill without a roll- in this bill. It funds programs for Re- of seven appropriations bills. Senator call vote. I am here, at my place, as I publicans and Democrats alike, and in- STEVENS has consistently sought to said I would be. Senators may have cludes projects for Senators who are up avoid having omnibus appropriations travel plans or schedule conflicts. They for election regardless of party. Each of bills. He has zealously tried to have all may prefer to be in their home States these seven bills was worked out large- of the 13 appropriations bills pass on or traveling around the globe rather ly by the chairman and ranking mem- time before the beginning of the new than be here in the Capitol. Our re- ber, a Republican and a Democrat, on fiscal year and sent to the President of sponsibility is here in this Chamber each subcommittee. Only a handful of the United States for his consideration. when we have an appropriations meas- these issues were resolved at the full Senator STEVENS has at all times been ure of this nature, of this size, of this committee level in conference. fair—eminently fair to me and to all importance. Are there provisions in this bill to members of the Appropriations Com- Our responsibility is to work. Our re- which the minority object? Yes. Does mittee. I congratulate Senator STE- sponsibility is to debate and vote on the White House endorse all of what we VENS. He is an excellent chairman. And this conference report. We should not have done in this bill? Absolutely not. I congratulate the other members of have postponed this matter until next Are there sections in the bill that even the committee, both Democrats and year. We should not have put this mat- I oppose? Yes. I do oppose some of the Republicans, for working together as ter off for several weeks. There is no provisions. But the bill is the product they have on this bill and as they have good excuse for putting this debate on of compromise, and unfortunately, it is always done as long as I have been on hold. a compromise that comes about when that committee; and that is 45 years. Now, stop and think for a moment. we are forced to join bills together into I share the disappointment of the dis- We have had since April to pass these an omnibus bill. Senator BYRD and I tinguished chairman of the Appropria- seven bills. The budget resolution was have consistently opposed the concept tions Committee. I share his dis- adopted in early April, on April 11.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16088 CONGRESSIONAL RECORD — SENATE December 9, 2003 That gave us our directions and the One could go on for quite some time been debated in the Senate, an arbi- Appropriations Committees could go ticking off the problems that are in trary cut that would apply to legisla- forward at that time. Here we have this conference report, problems diction already signed into law. It would been since April 11 and we have only tated to Congress by the Bush White cut homeland security. We are talking passed and sent to the President of the House. about your safety, and your safety, Mr. United States six appropriations bills. There are many provisions within President, the safety of your home, So more than half of the total of 13 ap- this package that never came before your children, your grandchildren. propriations bills are right here in this the Senate—never. Yet Senators were Homeland security is the usual term. It conference report and no Senator—no asked to buy a pig in a poke, to vote would cut counterterrorism efforts. It Senator and I daresay no House Mem- for a pig in a poke, unknown, unseen, would cut education and health care. bers, perhaps a few—I will leave myself yet vote by unanimous consent—no, This across-the-board cut would reach a little wiggle room—I can say no Sen- not vote, but asked to pass this gar- back into bills signed months ago and ator has seen everything that is in this gantuan piece of legislation here by say: No, sorry. No, no, sorry, but that massive bill. No Senator, under God’s unanimous consent without a rollcall is just too much money. So we are heaven, knows everything that is in vote. going to take a little off the top. this conference report. No Senator’s Can you imagine, $328 billion and not Apparently, in the view of the White staff person knows everything that is even a recorded vote? What would House, the United States can afford in this conference report. This rep- Everett Dirksen say today? He said: A $1.7 trillion in tax cuts. When it comes resents the people’s business. billion here and a billion there and to the Medicare bill, we can afford $12 It is the people’s money and Senators pretty soon you have a lot of money. billion for subsidies for private insur- are asked to come here today and vote He should be here today. There is $328 ance companies. When it comes to the no. They were asked to come and pass billion. That is $328 for every minute Energy bill, we can afford over $25 bil- this massive piece of legislation with- since Jesus Christ was born. That is a lion of tax cuts and $5 billion of manda- out a rollcall vote. This is an abomina- lot of money. We are asked to close our tory spending for big energy corporation. The American people deserve bet- eyes, plug our ears—no debate, no questions. But when it comes to initiatives ter from us. tions asked—just hold your nose and funded in these appropriations bills, I understand the reluctance of the vote for it. Hold your nose and say: initiatives that help Americans every majority leader. The leadership worries Pass it without a vote. That is what we day, the President insists: Cut, cut, there may not be enough votes to pass cut, cut. A cut of 0.59 percent would re- the conference report and send it to the are asked to do. Four of the bills contained in this duce funding for No Child Left Behind White House. But we would not know omnibus did not have a recorded vote programs by more than $73 million, re- that until we voted. It is not unheard sulting in 24,000 fewer children being of to ask Members of the Senate to in the Senate. One of the bills, the Commerce-Justice-State bill, was served by title I. come back and vote. It has been done We are talking about this across-the- never even debated in the Senate, let before. I have done it when I was ma- board cut now. This across-the-board alone adopted. Scores of provisions are jority leader. It has been done by other cut does not sound like it would be included in the so-called Miscellaneous majority leaders. I don’t criticize the much, a cut of 0.59 percent, but what current majority leader. He is doing Appropriations Act portion of the con- does it do to the No Child Left Behind what he thinks he has to do under the ference report that were never debated program? It would reduce funding for circumstances. But I think we all could in the House or Senate. the No Child Left Behind program by Under pressure from the White have done better. I think the Members more than $73 million, resulting in House, provisions that were approved should have been asked to come back 24,000 fewer children being served by by both the House and the Senate have and do their work and finish the job, title I. Overall, the title I Education debate the conference report, have a been dropped. Under pressure from the for the Disadvantaged program would rollcall vote and then go home for White House, controversial provisions be $6 billion below the level authorized Christmas. that were written as 1-year limitations by the No Child Left Behind Act that Make no mistake, there are many when they were before the House or the President signed in January of 2002 problems with this conference report: Senate have been mutated into perma- with great fanfare—another promise contracting out Federal jobs, stripping nent changes in authorization law. unfulfilled. employees of bipartisan job protec- Now, that is going a far piece—going a The across-the-board cut would re- tions, voiding an effort to protect over- fer piece, I would say. Houdini was duce Head Start funding by $40 million, time protections established by the nothing when compared with what the resulting in 5,500 fewer children attend- Fair Labor Standards Act of 1938, tak- conference did here under pressure ing Head Start. Veterans medical care ing away the right of as many as 8 mil- from the Bush White House. funding would be cut by $159 million, lion employees to earn time and a half In fact, the majority leadership cre- resulting in 26,500 fewer veterans re- for extra hours worked. Last minute ated a new appropriations authority: ceiving medical care or 198,000 veterans closed-door changes would postpone the Miscellaneous Appropriations Act. not getting the prescription drugs they country-of-origin labeling. Let me say That is a new one on me. There are 13 need. that again: Last minute closed-door appropriations subcommittees, but I I spoke earlier about cuts in home- changes would postpone country-of-ori- have yet to meet the chairman of the land security. The across-the-board cut gin labeling on meat and vegetables, Subcommittee on Miscellaneous Ap- would chop funding for homeland secu- robbing Americans from knowing propriations. rity initiatives. How many more bag- where their food was grown for 2 years That section, whatever its genesis, is gage screeners would be laid off result- and breaking the balance crafted as home to administration pet projects ing in longer lines and less security at part of the 2002 farm bill. and priorities. Scores of provisions are our airports? How many flights will The 1-year limitation on the FCC included in the so-called miscellaneous have fewer air marshals on board? How media ownership rule was turned into a appropriations umbrella that were many fewer flights will have air mar- permanent cap at 39 percent. The prac- never debated in the House or Senate. shals on board? How many more con- tical effect of changes demanded by the Under direct pressure from the White tainers will come into this country White House is to protect Rupert House, provisions approved previously uninspected? How many more illegal Murdoch’s FOX Television Network by both the House and the Senate have aliens will be able to remain in this and CBS-Viacom from having to com- been dropped. Under pressure from the country or how many will be able to ply with the lower 35-percent owner- White House, controversial provisions come into this country? This is a ship caps a congressional version of the originally crafted by the House or Sen- threat to the Nation’s security. How bill would put in place. The White ate as 1-year limitations, may I say many potential terrorists will never be House is boosting special corporate in- again, have mutated into permanent investigated because of cuts in the FBI terests at the expense of the people’s changes in authorization law. program? interest for balanced news and infor- This conference report includes an All this, and the distinguished major- mation. across-the-board cut that has never ity leader sought consent that this

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16089 package be approved without a rollcall $328 billion of the people’s money, your to a man who brought credit to his vote. That is no way to legislate. How money? This is wrong. The people have family, his community, his State, his would I feel facing my constituents and a right to know how their elected rep- country, and the Congress of the having to say: Well, it was getting resentatives stand on this legislation United States. close to Christmas and Members had which will affect the lives of so many. Bill Emerson was a dear friend. I other things they had to do; we did I am saddened by the majority lead- miss him every day. What a fitting pass it; I wish now we would have had er’s decision to postpone a vote on this tribute to a great man and a great a rollcall vote but I wasn’t there to ob- legislation until January 20. This is no American. ject? way to govern. We have had since April Mr. President, I yield the floor and That is no way to be accountable to 11 to pass these seven bills. That is no suggest the absence of a quorum. the American people. Taxpayers of this way to serve the American people. The PRESIDING OFFICER. The country rightly expect Senators to be I thank the Chair, and I thank all clerk will call the roll. accountable for funds drawn out of the Senators. I yield the floor and suggest The legislative clerk proceeded to Federal Treasury. It is your money. the absence of a quorum. call the roll. How many times have we heard that? I The PRESIDING OFFICER. The Mr. BYRD. Mr. President, I ask unan- say to those who are looking at the clerk will call the roll. imous consent that the order for the Senate Chamber today through those The legislative clerk proceeded to quorum call be rescinded. electronic lenses: It is your money. call the roll. The PRESIDING OFFICER (Mr. How can Members be accountable when Mr. CHAMBLISS. Mr. President, I VOINOVICH). Without objection, it is so they are scattered to the four winds ask unanimous consent that the order ordered. across the globe? What kind of perver- for the quorum call be rescinded. Mr. BYRD. Mr. President, is the Sen- sion of the appropriations process The PRESIDING OFFICER. Without ate still in morning business with a 10- would result in Senators approving this objection, it is so ordered. minute limitation? monstrosity without a recorded vote? f The PRESIDING OFFICER (Mr. When Members took their oath of of- SMITH). The Senator is correct. HONORING REPRESENTATIVE BILL fice, they pledged, standing right there Mr. BYRD. Mr. President, I ask unan- EMERSON at the Presiding Officer’s desk with imous consent that I may speak as their hands on the Bible—‘‘so help me Mr. CHAMBLISS. Mr. President, I long as I must speak. I can assure the God,’’ they said—that they would sup- want to take a moment this morning Chair it will not be over 30 minutes. port and defend the Constitution. So to honor a dear friend of mine and a The PRESIDING OFFICER. Without we have a responsibility to faithfully former colleague in the other Chamber, objection, it is so ordered. The Senator discharge the duties of the office of the late Congressman Bill Emerson of from West Virginia is recognized for 30 U.S. Senator. We took a pledge to do Missouri. On December 13, a new bridge minutes. that. We took an oath to do that. We spanning the Mississippi River at Cape Mr. BYRD. I thank the Chair. took an oath before God and man to do Girardeau in Missouri is being dedi- (The remarks of Mr. BYRD pertaining that. Senators did not pledge to do so cated to Bill who represented the peo- to the introduction of S. 1997 are print- just when it was convenient or when ple of southern Missouri in the House ed in today’s RECORD under ‘‘State- the schedule permits. of Representatives with dedication and ments on Introduced Bills and Joint The House of Representatives saw fit integrity for 15 years before his un- Resolutions.’’) to return to vote on this conference re- timely death in 1996. Mr. BYRD. I yield the floor and sug- port. Why then could the Senate not do I was privileged to meet, know, and gest the absence of a quorum. the same? We all get the same pay. work with Bill Emerson during my The PRESIDING OFFICER. The Senators as well as House Members are freshman year in Congress. He was an clerk will call the roll. paid to work for 12 months each year, example of hard work, common sense, The legislative clerk proceeded to not 10 months. and the ability to put differences aside call the roll. Chairman STEVENS and I worked with to get the job done. Bill and I shared a Mr. WARNER. Mr. President, I ask each Senator on the Appropriations common constituency of rural Ameri- unanimous consent that the order for Committee to produce 13 individual ap- cans and served on the House Agri- the quorum call be rescinded. propriations bills to send to the Presi- culture Committee together. Bill’s The PRESIDING OFFICER (Mr. COR- dent. I have commended—and do so spirit of uncompromising principle and NYN). Without objection, it is so or- again—the senior Senator from Alaska his ability to lead under the most dif- dered. for his effort, but the process was hi- ficult circumstances are assets that I f jacked. have endeavored to emulate. By whom? Who is doing the hijack- Bill’s commitment to his family was COMMENDING KOFI ANNAN, SEC- ing? The Bush White House. The White unparalleled. His wife Jo Ann suc- RETARY GENERAL OF THE House hijacked the process. The proc- ceeded him in his congressional seat, UNITED NATIONS, AND ess was hijacked by the White House and he would be so proud of her today STRENGTHENING THE UNITED and the Republican leadership in both for the work she is doing. His daugh- NATIONS Houses. Instead of sending 13 fiscally ters, Abby, Liz, Tory, and Katharine, Mr. WARNER. Mr. President, I rise responsible appropriations bills to the were the lights of his life. I have come today to bring to the attention of my President, the Senate was asked to to know all four of them over the colleagues a very thoughtful article close its eyes, plug its ears, and be years, and he would, again, be so proud written by Kofi Annan, Secretary Gen- gagged in order to rubberstamp a 1,182- of them. eral of the United Nations, entitled page conference report combining 7 ap- Jo Ann has carried on Bill’s legacy of ‘‘Search For A New U.N. Role.’’ propriations bills for 11 of the 15 De- building bridges between people to pro- I commend the Secretary for his partments of the Federal Government, mote communication, trade, and civic strong leadership over these years, and on an unrecorded approval of a unani- pride and is making a mark in her own particularly for the courage he has mous consent request. No vote to it— right. This is something which I know shown as manifested by this op-ed no rollcall vote, no vote by division, no would have brought Bill a great deal of piece, the courage he has shown to look vote viva voce, no vote by voice, with satisfaction. to the future and to take such, what only a handful of Senators. You could Bill Emerson’s habit of bridging gaps you might call, corrective measures or count the number of Senators in this between people is captured perfectly in revisions as will further strengthen the Chamber on one hand this morning. the Bill Emerson Memorial Bridge. United Nations as we, the body of na- This would be legislating without ac- This $120 million structure replaces the tions, face a very perilous and uncer- countability. bridge that was built 76 years ago. It tain world, a world filled with threats What is the use of having elections if will tie together the two States of Mis- which really have little precedent in the voters are prevented from knowing souri and Illinois and promote trade history and weapons that have little how their Senators voted on investing and progress. It is a fitting monument precedent in history.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16090 CONGRESSIONAL RECORD — SENATE December 9, 2003 Fifty-two years ago, this humble soul look again at the machinery of international To my mind, recent events have only un- was a second lieutenant in the U.S. Ma- relations. Is it up to these new challenges? If derlined the need for the United Nations. rine Corps and served under the United not, how does it need to be changed? That’s why I convened a panel, chaired by The events of the last year have exposed Nations banner in the Korean conflict former Prime Minister Anand Panyarachun deep divisions among members of the United of Thailand, to examine the future of our or- in Korea. My service was—I say with Nations on fundamental questions of policy ganization. The panel holds its first meeting deepest humility—very modest, for I and principle. How can we best protect our- this weekend. have often said on this floor that such selves against international terrorism and Its role is threefold: to analyze current and military service as I had in the closing halt the spread of weapons of mass destruc- future threats to peace and security; to as- months of World War II and in Korea tion? When is the use of force premissible— sess the contribution that collective action was very modest compared to others, and who should decide? Does it have to be can make in meeting these threats; and to each state for itself, or will we be safer work- recommend the changes needed to make the but it did much for me. I am continuing together? Is ‘‘preventive war’’ sometimes ously trying to pay back to the current United Nations a legitimate and effective in- justified, or is it simply aggression under an- strument for a collective response. How, in generation, the men and women of the other name? And, in a world that has become particular, can the United Nations ‘‘take ef- Armed Forces, what was done for me. ‘‘unipolar,’’ what role should the United Na- fective collective measures for the preven- I simply cite that it was the U.N. tions play? tion and removal of threats to the peace,’’ banner under which the U.S. forces and These new debates come on top of earlier which is one of its purposes, as defined in Ar- the forces of a number of other nations, ones that arose in the 1990s. Is state sov- ticle I of its charter? I hope the panel will ereignty an absolute and immutable prin- a coalition, fought those battles. This complete its report by autumn 2004. ciple, or does our understanding of it need to If it does its work well, history may yet re- was the United Nations’ first military evolve? To what extent is it the inter- member the current crisis as a great oppor- mission, as I look back over this half national community’s responsibility to pre- tunity that wise men and women used to vent or resolve conflicts within states (as op- century. Of course, we all recognize strengthen the mechanisms of international posed to wars between them)—particularly there has been no peace treaty. There cooperation and adapt them to the needs of when they involve genocide, ‘‘ethnic cleans- has never been one signed. But also the new century. there has been no recourse to major ing’’ or other extreme violations of human rights? (The remarks of Mr. WARNER and Mr. military use of force on the Korea pe- These questions cannot be left unanswered. DEWINE pertaining to the introduction ninsula in this half century. So that Yet they are not the only questions. And for of S. 1993 are located in today’s RECORD mission of the United Nations, I would many people they may not even be the most under ‘‘Statements on Introduced Bills say, had a strong measure of success. urgent. and Joint Resolutions.’’) To this day, our U.S. forces still serve In fact, to many people in the world today, in that theater under the U.N. banner especially in poor countries, the risk of being f attacked by terrorists or with weapons of to keep the peace on that peninsula. mass destruction, or even of falling prey to THANKING STAFF As Secretary Annan notes in his op- genocide, must seem relatively remote com- Mr. WARNER. Mr. President, I wish ed piece, the United Nations has been pared to the so-called ‘‘soft’’ threats—the greatly tested in recent years. To his ever-present dangers of extreme poverty and to speak with regard to two matters of credit, the Secretary has been willing hunger, unsafe drinking water, environ- great concern to me. I recognize in all to face head on these challenges to the mental degradation and endemic or infec- probability this will be the last day of historic institution he is privileged to tious disease. the current session of this Congress. I Let’s not imagine that these things are simply express my warm greetings and lead and has led with great distinction. unconnected with peace and security, or that Indeed, one of those tests was with the thank-yous to my fellow colleagues in we can afford to ignore them until the ‘‘hard this Chamber, the staff who serve us in United States as we approached obliga- threats’’ have been sorted out. We should tions which I strongly support, obliga- have learned by now that a world of glaring this Chamber, to the pages, to the tions the President has pointed out inequality—between countries and within guards and policemen, to those who many times, obligations to bring a them—where many millions of people endure work in the cafeterias—all of those, the greater measure of freedom to the peo- brutal oppression and extreme misery is greater body of infrastructure we are never going to be a fully safe world, even for ple of Iraq. But that is history. It was privileged to have in this magnificent its most privileged inhabitants. institution known as the United States clearly a lesson learned by all who par- Today, the common ground we used to ticipated. stand on no longer seems solid. In seeking Senate. Last week, Secretary Annan an- new common ground for our collective ef- Each year I have been privileged to nounced he has convened a panel to forts, we need to consider whether the be here—and I must say with some take a hard look at the mission of the United Nations itself is well suited to the great sense of humility, I mark my challenges ahead. 25th year in the Senate late this U.N. and what changes the U.N. should During the last year, the United Nations make to ensure that it can be a rel- month. When I was sworn in, in 1978, I has been held under a microscope. In an at- believe, I filled a vacancy that oc- evant and effective institution in the mosphere of acrimony surrounding the crisis future. The panel is expected to issue a in Iraq, the importance and, indeed, the rel- curred in December, and I did it on the report in the fall of 2004. evance of the institution have in some quar- second or third of January. So actually I commend the Secretary for his ters been called into question. This was espe- my 25th anniversary occurs in the first courage in looking to the future and cially true at the time of the United States few days of January. tasking this panel to give their views decision to go to war in Iraq without the ex- It has been an enormously great, re- plicit approval of the Security Council. warding privilege for this humble soul not only to him but to the entire com- I know that over the years our record has munity of nations which proudly form been far from perfect. The Security Council to have served in the Senate. the United Nations. Without a doubt, has been unable to prevent horrendous atroc- I believe I have served with well over the world needs a stronger United Na- ities—the rule of the Khmer Rouge in Cam- 100 Senators in addition to those I am tions, one that can address with great- bodia, ethnic cleansing in the former Yugo- privileged to serve with in this Con- er decisiveness and swiftness the chal- slavia, genocide in Rwanda. But, to para- gress. Again, I am always mindful of lenges to freedom in the future. phrase Henry Cabot Lodge, the United Na- all of those who make it possible in the tions may not have brought us to heaven but infrastructure and the institution of I ask unanimous consent that the op- it played a vital role in saving us from hell. ed piece be printed in the RECORD. Peace was brought to many lands through the Senate to enable me and others to There being no objection, the mate- the U.N.—Cambodia, El Salvador, Guate- serve our Nation as best we can in di- rial was ordered to be printed in the mala, Mozambique. We helped protect verse but nevertheless constructive RECORD, as follows: against a drift toward nuclear holocaust, in- ways for the betterment of all mankind [From the Los Angeles Times, Dec. 4, 2003] cluding during the Cuban missile crisis. We and, yes, America and much of the free served as a vehicle for action against North world. SEARCH FOR A NEW U.N. ROLE Korea, against Iraq after the invasion of Ku- (By Kofi A. Annan) I yield the floor. wait. We’ve brought relief to millions af- I suggest the absence of a quorum. We have come to a decisive moment in his- fected by fighting, famine and floods, and we tory. The great threat of nuclear confronta- have helped reduce child mortality and The PRESIDING OFFICER. The tion between rival superpowers is now behind eradicate smallpox. We were critical in help- clerk will call the roll. us. But a new and diverse constellation of ing the developing world throw off the yoke The assistant legislative clerk pro- threats has arisen in its place. We need to of colonialism. ceeded to call the roll.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16091 Mr. DEWINE. Mr. President, I ask No better illustration of their com- 1951 to 1952 and then returned to unanimous consent the order for the mitment to the interests and commu- Pickaway County as a prosecuting at- quorum call be rescinded. nity of Urbana is found, however, than torney from 1955 to 1957. The PRESIDING OFFICER (Mr. COR- in Lew and Jean’s involvement with During this time, he was also NYN). Without objection, it is so or- the University of Urbana, where Lew Circleville’s Assistant City Prosecutor, dered. served as building fundraiser and Jean while finding the time to maintain a Mr. DEWINE. I ask unanimous con- served on the board of trustees for busy private law practice. He developed sent to proceed as in morning business. more than 35 years. Through much of a reputation as a tireless worker and The PRESIDING OFFICER. Without their lifetimes, Lew and Jean dedicated dedicated public servant. objection, it is so ordered. much of their time and resources to ex- In 1957, he was appointed to the post f panding and improving the institution. in which he would serve the rest of his TRIBUTE TO LEWIS AND JEAN As Dr. Robert Head, Urbana University career—he was appointed Pickaway MOORE president said, ‘‘It is not an overstate- County Common Pleas Court Judge ment to say that if it hadn’t been for and was re-elected to this post every Mr. DEWINE. Mr. President, I rise Lew and Jean Moore, Urbana Univer- six years until his retirement on De- today to pay tribute to two Ohioans sity would not be here today.’’ cember 31, 1994. who dedicated their lives to serving Together, Jean and Lew spearheaded While serving on the bench for those their local community of Urbana. several campaigns to raise funds to en- 37 years, Judge Ammer handled more Lewis B. Moore passed away on Octo- hance the university. In one project, than 30,000 cases. Few of these cases ber 21, 2002, at the age of 91. His wife, they helped raise $400,000 to build the were appealed, and most of those cases Jean, passed away on September 12, Warren G. Grimes Community Center. that were appealed were affirmed by 2001. I would like to take a few mo- In the early 1990’s, Lew co-chaired ef- higher courts. As a member of the Sen- ments to reflect here today on this forts to raise funds for the math and ate Judiciary Committee, I can tell couple’s legacy of service and the mark science center—a project totaling $3.1 you that this low reversal rate is one of they left on the people of Urbana. million. According to Dr. Francis Haz- the best indicators of a good, sound Lewis Moore—Lew to his friends— ard, former University president, judge. was born in Paducah, KY, on July 23, ‘‘When no one else stepped forward to 1911. He graduated from Cleveland But I can also say that another great head the campaign, they volunteered.’’ indicator is the man’s reputation in Heights High School in 1929 and from He added that as the campaign neared Case Institute of Technology in Cleve- the community. Anyone who knew its end and the structure had been Judge Ammer, and anyone who knew land in 1933 with a bachelor of science completed, Moore cashed in a $75,000 degree in electrical engineering. He the attorneys who practiced in insurance policy to furnish its class- Pickaway County or the area certainly married Jean Lillian Wenger in 1938, rooms and laboratories. and they moved to Urbana in 1940, knew Judge Ammer’s great reputation. Lew and Jean Moore were selfless. And they knew how well respected he where Lew joined Grimes Manufac- They loved their community—their turing Company as a sales engineer. was in the Pickaway County commu- family, their friends, and their neigh- nity and the surrounding counties. Later he served as chief engineer, sales bors. It is no wonder the Urbana com- manager, and vice president before In addition to handling cases in munity affectionately refers to Lew as Pickaway County, Judge Ammer often eventually becoming president and ‘‘Mr. Urbana.’’ Throughout their lives, board chairman. was assigned to preside in other coun- they were devoted to their community. ties by the Supreme Court of Ohio. Under Lew’s leadership, the company And through their service, Lew and grew from 12 to more than 1,300 em- This is also the mark of a good, well- Jean Moore provided a vision for Ur- respected judge. Only those capable of ployees. As president, he served as a bana’s future. That is their legacy. We mentor to many and as an example to handling the toughest cases are sent on certainly miss them both deeply. assignments to other jurisdictions. all. If there were ever a disagreement My wife Fran and I continue to re- Once again, Judge Ammer’s reputation with a customer, Lew used to tell his member Lew, and we continue to re- for hard work and diligence clearly pre- employees to always be honest with member Jean. They were both great ceded him. the customers. He would say: ‘‘Tell friends. Left to cherish their memories While Judge Ammer was frequently them the truth—tell them what hap- and to pass on this legacy are their sent on assignment outside of pened.’’ Indeed, Lew Moore was a sons, Keith and Greg, and their wonder- Pickaway County, his heart remained model of integrity. ful families. Together, Lew and Jean’s values and We thank both Lew and Jean for in Circleville. Each year, Judge Ammer visions for the future changed Urbana. their wonderful service to their com- sent out memorable Christmas cards Lew eventually ran for public office munity. depicting Circleville landmarks. and served as Mayor of Urbana from Certainly my wife Fran and I each f 1980 to 1991. Under his leadership, Ur- year were recipients of those Christmas bana underwent some big changes in JUDGE WILLIAM AMMER cards as were so many other people. the city government. Known affection- Mr. DEWINE. Mr. President, I would And we always looked forward to re- ately as ‘‘Mr. Urbana,’’ Mayor Moore like to pay tribute here on the floor of ceiving them. These cards reflected his transformed the City of Urbana from a the U.S. Senate to a dear friend, a gra- love for the community and were ea- statutory system into a charter form cious man, and a wonderful human gerly awaited each holiday season by of government—one of the most impor- being. That man is former Pickaway those of us fortunate enough to be on tant of his contributions to the city County, OH, Common Pleas Judge Wil- his Christmas card list. government, noted Larry Wolke, liam Ammer. Judge Ammer, of Judge Ammer was also involved with former director of administration. Ac- Circleville, Ohio, passed away January a number of community organizations. cording to David Martin, former 30, 2003 at the age of 83. He was President of the Ted Lewis Mu- Grimes employee and current Urbana William Ammer was born on May 21, seum, an institution honoring that City Council president, ‘‘He had the 1919, to Moses and Mary Ammer. He great native of Circleville. He was ac- best interests of the city and the citi- graduated from Circleville High School tively involved in the American Le- zens of Urbana in his heart and mind.’’ in 1937, and then went on to receive a gion, the Kiwanis Club, the Pickaway Working side-by-side with Lew to business degree from the Ohio State Country Historical and Genealogical serve the Urbana community, Jean University. After serving in the U.S. Society, and the Masonic Lodge. participated in the campaign that cre- Army for 3 years during World War II, Perhaps the greatest testament, how- ated the city’s first youth center and he returned to Ohio State to get his ever, to his connection to the organized and led her church’s Prayer law degree. Circleville community comes now after Connection. As one Prayer Connection After law school, he quickly proved his death. As the last member of the member, Jack Neer, said of Jean, ‘‘She himself a skilled attorney. He served as Ammer family in Circleville, Judge was there for anyone in need.’’ Assistant Ohio Attorney General from Ammer arranged to have much of his

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16092 CONGRESSIONAL RECORD — SENATE December 9, 2003 estate go toward providing scholar- was not too long after that I was on the lems or small problems, helping people ships for Circleville High School stu- Judiciary Committee in the House of find solutions to their problems, espe- dents. This act certainly reveals Judge Representatives. Del was the person cially problems they could not solve on Ammer’s generous and giving nature you went to. Del was the person you their own. and his desire to help other Circleville went to for advice, for counsel, and to At his retirement Del said this: natives succeed. get things done. Being a representative [of Ohio’s 5th dis- In tribute to Judge Ammer, who has Del served as leader of the Rules trict] has given me and members of my fam- been a true role model for so many of Committee. Del was the ranking Re- ily the opportunity to make untold thou- us in Ohio, my wife Fran and I say publican in all the House on the Budget sands of wonderful friendships which we thank you. Judge Ammer was a kind Committee. Del was not only recog- shall always treasure. I will also cherish the human being who left an unbelievable nized as a key leader of the Republican many friendships I have made over the years print on the lives of so many countless Party, he was a consensus builder who with my congressional colleagues. people who he touched. He truly helped also earned the respect of Members on And to be sure, Del Latta has not fin- people. He changed lives. He made a both sides of the aisle. The Honorable ished giving of himself, certainly not. difference. We all miss him. We miss Democrat Senator and Representative To this day, he continues to do every- him dearly. He will always be remem- Claude Pepper, of Florida, had this to thing he can for his community. From bered by his beloved community. say about Del: local businessmen to neighborhood f Del’s conduct as a Member of the [Rules] schoolchildren, Del Latta is there for Committee and a Member of the House has them. TRIBUTE TO DELBERT LATTA exemplified the best and noblest traditions The dedication of the Bowling Green Mr. DEWINE. Mr. President, this of this House. His integrity has been exem- Post Office in Del’s name—a post office afternoon I pay tribute to a dear friend plary. His kindliness, gentleness and gra- that Del once helped secure funds to and beloved Ohioan, a man who has ciousness of manner have endeared him to build—is simply a reminder that al- been a great public servant for the last all of his colleagues. I shall always honor the service Del Latta has rendered to the Rules though it has been 15 years since he has half century, a man who I served with Committee, to the Budget Committee and retired from the Congress, Del has con- in the House of Representatives for a the House because what he did, he did as an tinued to work tirelessly for his com- number of years. I am talking about able, honorable patriotic American. munity. The renaming of this post of- Representative Delbert Latta. Rep- Del Latta had a significant impact on fice, in many ways, is a symbol—a resentative Delbert Latta devoted 30 so many pieces of legislation and great symbol—of the civic spirit Del years of distinguished service to Ohio’s events over his 30-year tenure in the stood for as a U.S. Representative and 5th Congressional District in the House House. One notable example is the still stands for today. of Representatives. In his honor, ear- leadership he demonstrated during Wa- So I extend my heartfelt congratula- lier this year, President George Bush tergate, but perhaps he is best well- tions to Del for this great honor. He signed into law a bill that renamed the known as a champion of balanced budg- has done so much for the Fifth Dis- Bowling Green Ohio Post Office the ets and fiscal responsibility. In 1981, trict, for the State of Ohio, and for our Delbert L. Latta Post Office Building. Del spearheaded President Reagan’s Nation. I have the highest regard for This is a well-deserved tribute to a economic recovery program in the the example Del has set as a leader and man who inspires all around him to House by sponsoring and helping to public servant. My wife Fran and I strive to be a better public servant. pass the Gramm-Latta bill. This bill is cherish his friendship, and we wish him This afternoon I will take a few min- often cited as the single most influen- and his wife Rosemary and their chil- utes to explain to my colleagues why tial measure in stimulating America’s dren Bob and Rose Ellen and their fam- Del is so revered by the citizens of the economic recovery in the 1980s. Del ilies all the best in their future. 5th District and all the citizens of Latta was there. Del Latta led. It was Del Latta is a great man. I said that Ohio. Del was raised in McComb, OH. Del Latta who got it done. he has worked tirelessly for his con- He graduated from McComb High Expressing his admiration for Del’s stituents, and it is always fun to watch School and later worked in a shoestore humility and work ethic, the Honor- him do that. But there has been one and put himself through Ohio Northern able Chip Pashayan, Jr., of California, thing for me that has been even more University from where he received his said this about a dinner experience he fun, and that is to watch Del Latta undergraduate and then his law degree. had with Del after the passage of this with his grandchildren and to hear Del Del practiced law in Bowling Green momentous bill that bears Del Latta’s Latta talk about his grandchildren be- for several years before he successfully name. cause this is a man who is also a great ran for an Ohio State Senate seat. family man; he has never lost sight of After serving three terms in the Ohio No gloating, no bragging, no brandishing. To [Del] Gramm-Latta was just another bill, the importance of family. State Senate, Del Latta decided to just another day’s work for the American So, Del Latta, congratulations. You serve his community at the Federal people. . . . As usual, we finished dinner by are a man who has served our country level and was elected to the House of 8:30 or 9 p.m. because Del had to get back to well. You are a great family man. You Representatives in 1958. his office to do some constituent work. No are a good friend. We appreciate all Before retiring from the House of constituency ever had a harder working you have done for our country. Representatives in 1989, constituents of Member that I ever saw. Ohio’s 5th District showed Del their ap- I could not agree more. In 1982, when Madam President, I yield the floor preciation by electing him and reelect- I first came to the House of Represent- and suggest the absence of a quorum. ing him 15 times. He was the dean of atives, as I said, Del was instrumental The PRESIDING OFFICER (Mrs. the Ohio Republican delegation and as in teaching me the ropes. What I ad- DOLE). The clerk will call the roll. dean of the delegation was deeply re- mired most about Del was his ability The legislative clerk proceeded to spected for the leadership role he to work with an unwavering commit- call the roll. played for fellow Ohio Representatives ment and passion for his constituents. Mr. FITZGERALD. Mr. President, I as well as for the party. He was the He never forgot who sent him to Wash- ask unanimous consent that the order person to whom, frankly, we all went. ington. He never forgot who he worked for the quorum call be rescinded. I remember when I was first elected for. In everything he did, you could see The PRESIDING OFFICER (Mr. in 1982. I remember driving north to how much he cared for the people he SUNUNU). Without objection, it is so or- Bowling Green and going to see Del in represented, the people of northwest dered. his office and talking to him about Ohio. He understood how much he Mr. FITZGERALD. Mr. President, I committee assignments. I told him I cared about our great country. ask unanimous consent to speak as in wanted to be on the Judiciary Com- People have always come first for Del morning business for up to 15 minutes. mittee if that were possible. I remem- Latta. It is what drives him. He has The PRESIDING OFFICER. Without ber Del sitting behind his desk talking said his greatest satisfaction comes objection, it is so ordered. to me about that and telling me he from helping people find solutions to Mr. FITZGERALD. I thank the would see what he could do about it. It their problems, whether it is big prob- Chair.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16093 TRIBUTE TO SENATOR PAUL He had numerous legislative accom- about how he was amazed that Senator SIMON plishments in the U.S. Senate, includ- Simon would come into a small town Mr. FITZGERALD. Mr. President, it ing the Direct Student Loan Program, and say hi to everybody, and he would is with great sadness that I rise to re- the job training partnership amend- actually know the names of their chil- port to my colleagues in the Senate the ments, and many other initiatives dren and how their grandfather was death of a former Member of this body, across a wide spectrum of issues. Of doing. U.S. Senator Paul Simon from Illinois. course, he was very accomplished in Senator Simon had a genuine affec- Senator Simon died earlier today. He the Illinois Legislature as well. tion for people. He was a tireless work- was 75 years old. This comes as a great Some people think they have done a er. He held over 600 town meetings in shock to all of us who knew and loved lot when they have read a book. Sen- his two terms in the Senate, which is a Paul Simon. ator Simon probably wrote as many very tough pace to keep up with for Earlier today, I had written him a books as most people have read. He is any of us in the Senate. He was a re- get well note and sent him some flow- the author of at least 21 books, and markable man. ers. It was announced a couple of days maybe more than that. He had 55 hon- I ask unanimous consent that this ago that he was going into the hospital orary degrees. As I mentioned, he was commentary written by R. Bruce Dold for heart bypass surgery and also to a candidate for President in 1988. be printed in the RECORD immediately have a leaky heart valve replaced. Ap- One of the most astonishing things following my remarks. parently something happened during about Paul Simon was that his ethics The PRESIDING OFFICER. Without the surgery—I don’t know what—but and integrity were not just an act. I objection, it is so ordered. Senator Simon, unfortunately, passed think a lot of the professional politi- (See exhibit 1.) away, and we all send our love and our cians maybe didn’t always appreciate Mr. FITZGERALD. I conclude by prayers to his wife Patty, his children, him in Chicago, for example. They saying that Senator Paul Simon was a his grandchildren, and to all his col- maybe thought his bow tie and his con- credit to the State of Illinois and a leagues at Southern Illinois University stant efforts to maintain the highest credit to the Senate, and we will miss where he will be missed greatly. standards in Illinois and the Federal him. God rest his soul and may God Senator Simon’s first wife, Jeanne, Government were an act. But you bless his widow and family. died a few years ago. I also had the could see after he retired from the Sen- EXHIBIT 1 privilege of knowing her. May God rest ate when he was offered, reportedly by [From the Chicago Tribune, Feb. 28, 1997] foreign governments, to become a high her soul as well. IN PRAISE OF A DECENT FORMER POLITICIAN Senator Simon was a nationally paying lobbyist—I think one foreign (By R. Bruce Dold) known figure, primarily from his hav- government offered him over $600,000 a ing been a candidate for the Presidency year to become their lobbyist, and he One of my best lessons in southern Illinois politics came with Paul Simon’s 1984 cam- in 1988. In Illinois, he was truly a giant was offered a variety of lucrative posi- paign for the U.S. Senate, the one where he for many decades—three or four dec- tions. He turned all that down so he dusted Sen. Charles Percy and made amends ades or more. He served both in the could return to Makanda, IL, down in for his one big political loss, the 1972 bid for State house of representatives and the the southern part of the State where he governor. Illinois State Senate, as well as in the came from so he could teach at South- Simon planned to hit about 13 towns in one U.S. Congress and then later in the ern Illinois University in Carbondale day, moving from Vandalia to Cairo and over U.S. Senate. He is thought to be the and be a professor. He turned down to Carbondale, with a brief stop at his only person from Illinois to have higher paying professorships elsewhere Makanda home to show off his Lincoln book collection to the handful of reporters with served in both houses of the Illinois in the country. He wanted to come him. He’d be meandering over a few hundred Legislature and then in both Houses of back home and be at Southern Illinois miles, which normally would require a heli- Congress. University. copter. For Simon, all it required was Joe He was also in the late sixties and He put together a wonderful public Bob Pierce. early seventies the Lieutenant Gov- policy institute with some others Joe Bob is something of a Renaissance ernor from Illinois. On his last reelec- there, including Mike Lawrence, who man—an electric power lineman with a Bap- tion race for the U.S. Senate, he won was the press secretary to our former tist divinity school degree who can drive like by over a million votes, with 65 per- Gov. Jim Edgar in Illinois. a bat out of hell, that last talent being the cent. I believe he had the highest plu- I was in the area down by SIU this one Simon required that day. So the trip went like this. We would drive rality of anybody running that year. past summer. I had dinner with Mike to the Franklin county Courthouse public He was an extraordinary figure, ex- Lawrence and he was telling me how square, and Simon would give a little speech, tremely popular, and extremely well hard it was to keep up with Paul and then he would do the real campaigning. respected, especially for his character Simon. Even at his age, he was keeping This amounted to greeting each person in and integrity. Many people may have a remarkable schedule. So it came as a the crowd by her first name and inquiring disagreed with Senator Simon’s policy great surprise to hear of his passing about her children and her frail grandfather, positions on a variety of issues, but no today. It is a great loss. We will all and then moving on to the next soul with a one ever questioned his ethics and in- miss him. hearty ‘‘nice to see you.’’ He was nothing but kind to me. Even Then we would pile into Joe Bob’s car and tegrity. In fact, those who served with he would hit triple digit m.p.h. on Rt. 142 him in the Senate, I am sure, remem- though I was a member of the opposite until we barreled into the parking lot of the ber his famous bow ties. Those bow ties party, Senator Simon last called me Saline Valley Conservancy District, where almost became a symbol of ethics and when I announced I would be retiring Simon would do it all over again. integrity in the State of Illinois be- from the Senate. He was always cour- And I realized by the second stop that he cause of Senator Simon. He was a re- teous and kind in offering to help ev- actually knew all of these people, and the markable man. eryone he could. ages of their kids, and the health status of He started in the early 1950s—maybe I remembered from long ago reading their grandfathers. before that; maybe in the late forties— a column that was written about Paul Simon wasn’t supposed to win that election but he did, in part because he swept as a newspaper editor in southern Illi- Simon, which I thought was a fabulous most of Southern Illinois. nois. He was about 19 years of age when testament to this wonderful man. The He’s back home now after ending an im- he was asked to take over a troubled column was written in the Chicago pressive career in politics. He’s believed to newspaper in Troy, IL, in Madison Tribune on February 28, 1997. It was by be the only person who ever served in the Il- County. He actually revived the news- R. Bruce Dold, entitled ‘‘In Praise of a linois and U.S. House and Senate. paper by going after a corrupt gam- Decent Former Politician.’’ This col- On paper, his career makes no sense. Be- bling cabal in Madison County. He ulti- umn is written by a journalist who had fore politics, he was a newspaper editor who mately put together a string of some 13 covered Senator Simon for many years, shook things up in a part of Illinois that liked things calm. He was too liberal for his newspapers that he sold in the 1960s, including following him around on his congressional district, too liberal for this and then went from journalism into election campaigns and seeing his state, too liberal for Congress. He was a big- politics and government service; he interaction with people all over the ger-government advocate in a little-govern- never looked back. State of Illinois. This reporter wrote ment era. Didn’t matter. People thought he

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16094 CONGRESSIONAL RECORD — SENATE December 9, 2003 cared about them. He won his last Senate former colleague, Senator Simon, from writings. So I think it is fitting that at race by almost 1 million votes. the Senator from Illinois. There will be the end of his career, as Senator FITZ- A few Washington types, and a few well- opportunities in the future for more GERALD said, he went home. He went known Chicago politicians, still believe it was an act, that Simon was just another pol formal comments from many Members home to southern Illinois. He created who had perfected a gee-whiz persona and of the Senate, but I thought this after- this great institute at southern Illi- the public got snookered into buying it. And noon I would make a few brief com- nois, his home community. He brought while I always liked Paul Simon, I was also ments about our colleague Paul Simon. in great speakers, talked about big top- suspicious enough of politics in general to I had the opportunity to serve in the ics, great topics that we have to deal keep alive the prospect that they might be Senate with Paul, but I also had the with in our country. He headed that up, right. opportunity for a few years to serve in put it together, and dealt with those OK, now that he’s retired, it’s safe to say the House of Representatives with that they are wrong. issues. When Simon left the Senate and there was Paul. What a treat it was to serve in He ended his life as a teacher, what no electoral advantage to being pure, he still both bodies with Paul. Shortly after I he really was throughout his entire ca- did the right thing. came to the House, I discovered that reer, beginning as a newspaper man: He turned down offers to lobby in Wash- when Paul Simon came to the well of Paul Simon the teacher. So as he ington—one offer was for $600,000 a year to the House of Representatives, he was taught us in the Senate, as he taught work for foreign governments. I’m taking his someone to come into the House Cham- us in the House of Representatives, he word on this—there’s that suspicion rising again. But in the years I’ve known him he ber and listen to because no matter ended his life as a teacher to young hasn’t given me reason not to take his word. what the topic, we could count on the people in his home of Carbondale, in He also turned down several teaching of- fact that he was going to give a southern Illinois. I think that is clear- fers at better-known schools around the thoughtful speech. You might agree ly the way Paul Simon wanted it. I country to take a job running the new Public with him, you might not agree with think it is fitting that is how he ended Policy Institute at Southern Illinois Univer- him, but you could bet that this man of his life. sity in Carbondale, near his home. great integrity had thought through This is a sad day for the Senate. It is Nobody needs to hold a tag day for him, since he’s drawing $120,000 a year from SIU. what he was going to say. You can bet a sad day, certainly, for Illinois, and But they offered him $140,000 and he re- that he truly believed what he was say- for his country. But we can take joy in quested a $20,000 cut so he wouldn’t be paid ing. this very good man’s life and what he more than the chancellor. That’s the kind of Members would listen to Paul Simon, has done for our country and what he gesture that makes the political cynics whether it was in the House or Senate. ended his life doing for our young peo- snicker, and makes the rest of the world Paul Simon was a man of great integ- ple. think Paul Simon is a very decent guy. rity. When he spoke, it was clear he I yield the floor. Now that Simon’s back home and doesn’t was a man of great moral clarity in his Mr. President, I suggest the absence have to be concerned about his own elections, he could be more of a political broker comments and thoughts. There was of a quorum. in this state. great precision to those thoughts. The PRESIDING OFFICER. The He proved he could transfer his credibility We all know that Paul Simon was clerk will call the roll. and popularity last year when Richard Dur- first, in his career, maybe first and The legislative clerk proceeded to bin was a relatively unknown central Illinois foremost, a writer. He started, as my call the roll. congressman making his introductions to colleague from Illinois has just said, at Mr. FRIST. Mr. President, I ask Chicagoans at the same time he was asking a newspaper. Some have labeled him as unanimous consent that the order for them to send him to the Senate. Nobody up a crusading newspaper editor. That is the quorum call be rescinded. here knew Richard Durbin from Richard Bur- The PRESIDING OFFICER. Without ton. But Simon’s endorsement, repeated on how he got his start. He continued to television commercials, was gold. It gave write throughout his career, writing objection, it is so ordered. Durbin instant credibility and carried him to his columns back to his home State f the election. and writing books. IMPROVED NUTRITION AND So Simon could throw his weight around. I was back home in Ohio at the house PHYSICAL ACTIVITY ACT He intends not to. Other than supporting of my daughter and son-in-law this Sen. Carol Moseley-Braun’s re-election bid, past weekend and I happened to look Mr. FRIST. Mr. President, I ask he’s planning to lay low in politics. down and there was what I took to be unanimous consent that the Senate He could be a big factor in the Democratic now proceed to the consideration of primary for governor next year. Lots of peo- one of Paul’s newest books. I picked it ple want to run. But it looks like Simon up and read a few pages. There was Calendar No. 417, S. 1172. won’t play the game. He told me this week Paul again, being very provocative, The PRESIDING OFFICER. The he’s been approached by several potential being very thoughtful. He made me clerk will report the bill by title. candidates, but doesn’t plan to endorse any- think. That was Paul. The legislative clerk read as follows: body. He’s happy teaching his government One of the books Paul wrote many, A bill (S. 1172) to establish grants to pro- and non-fiction writing courses and doesn’t many years ago continues to be cited vide health services for improved nutrition, want to taint his new institute with the today. Anybody who reads a biography increased physical activity, obesity preven- smell of partisan politics. tion, and for other purposes. of Abraham Lincoln will find the work ‘‘I anticipate I will be less involved in There being no objection, the Senate party activities than I was before,’’ he said. of Paul Simon in that book because, ‘‘I have to be reaching out to both political you see, Paul Simon wrote the defini- proceeded to consider the bill which parties.’’ tive book about Abraham Lincoln’s had been reported from the Committee For a political writer in Chicago, saying time in the Illinois Legislature. So on Health, Education, Labor, and Pen- something kind about a politician is akin to whatever definitive biography you read sions with an amendment in the nature volunteering to put a kick-me sign on your of a substitute, as follows: back. But here goes: the people were right all of Abraham Lincoln, it will cite Paul Simon’s book for that period of Abra- (Strike the part shown in black along, Paul Simon really is a very decent brackets and insert the part printed in guy. ham Lincoln’s life. italic.) Mr. FITZGERALD. I suggest the ab- Paul Simon was asked once why he S. 1172 sence of a quorum. wrote the book. He said he had discov- The PRESIDING OFFICER. The ered there just hadn’t been a good book Be it enacted by the Senate and House of Rep- written on that period of Abraham Lin- resentatives of the United States of America in clerk will call the roll. Congress assembled, The assistant legislative clerk pro- coln’s life, so Paul Simon wrote it. He did the research, dug the information øSECTION 1. SHORT TITLE. ceeded to call the roll. ø out, and wrote the book. It is still the This Act may be cited as the ‘‘Improved Mr. DEWINE. Mr. President, I ask Nutrition and Physical Activity Act’’ or the unanimous consent that the order for definitive book. ‘‘IMPACT Act’’. Paul Simon was, more than anything the quorum call be rescinded. øSEC. 2. FINDINGS. The PRESIDING OFFICER. Without else, a teacher. You could see that in øCongress makes the following findings: objection, it is so ordered. his speeches on the Senate floor and ø(1) An estimated 61 percent of adults and Mr. DEWINE. Mr. President, we have the House floor before that. You could 13 percent of children and adolescents in the all just heard the sad news about our see that, really, in his columns, his Nation are overweight or obese.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16095 ø(2) The prevalence of obesity and being intestinal, and dental problems, including ir- ø‘‘(B) evaluate the effectiveness of the overweight is increasing among all age regular heartbeats, gastric ruptures, peptic training provided by such entity in increas- groups. There are twice the number of over- ulcers, and tooth decay. ing knowledge and changing attitudes and weight children and 3 times the number of ø(19) On the 1999 Youth Risk Behavior Sur- behaviors of trainees.’’. overweight adolescents as there were 29 vey, 7.5 percent of high school girls reported øTITLE II—COMMUNITY-BASED SOLU- years ago. recent use of laxatives or vomiting to con- TIONS TO INCREASE PHYSICAL ACTIV- ø (3) An estimated 300,000 deaths a year are trol their weight. ITY AND IMPROVE NUTRITION ø associated with being overweight or obese. (20) Binge Eating Disorder is character- ø ø(4) Obesity and being overweight are asso- SEC. 201. GRANTS TO INCREASE PHYSICAL AC- ized by frequent episodes of uncontrolled TIVITY AND IMPROVE NUTRITION. ciated with an increased risk for heart dis- overeating, with an estimated 2 to 5 percent øPart Q of title III of the Public Health ease (the leading cause of death), cancer (the of Americans experiencing this disorder in a Service Act (42 U.S.C. 280h et seq.) is amend- second leading cause of death), diabetes (the 6-month period. ed by striking section 399W and inserting the 6th leading cause of death), and musculo- ø (21) Eating disorders are commonly asso- following: skeletal disorders. ciated with substantial psychological prob- ø ø(5) Individuals who are obese have a 50 to ‘‘SEC. 399W. GRANTS TO INCREASE PHYSICAL lems, including depression, substance abuse, ACTIVITY AND IMPROVE NUTRITION. 100 percent increased risk of premature and suicide. ø‘‘(a) ESTABLISHMENT.— death. ø(22) Eating disorders of all types are more ø‘‘(1) IN GENERAL.—The Secretary, acting ø(6) The Healthy People 2010 goals identify common in women than men. obesity and being overweight as one of the through the Director of the Centers for Dis- øTITLE I—TRAINING GRANTS Nation’s leading health problems and include ease Control and Prevention and in coordina- ø objectives of increasing the proportion of SEC. 101. GRANTS TO PROVIDE TRAINING FOR tion with the Administrator of the Health adults who are at a healthy weight, reducing HEALTH PROFESSION STUDENTS. Resources and Services Administration, the ø the proportion of adults who are obese, and Section 747(c)(3) of title VII of the Public Director of the Indian Health Service, the reducing the proportion of children and ado- Health Service Act (42 U.S.C. 293k(c)(3)) is Secretary of Education, the Secretary of Ag- lescents who are overweight or obese. amended by striking ‘‘and victims of domes- riculture, the Secretary of the Interior, the ø(7) Another goal of Healthy People 2010 is tic violence’’ and inserting ‘‘victims of do- Director of the National Institutes of Health, to eliminate health disparities among dif- mestic violence, individuals (including chil- the Director of the Office of Women’s Health, ferent segments of the population. Obesity is dren) who are overweight or obese (as such and the heads of other appropriate agencies, a health problem that disproportionally im- terms are defined in section 399W(j)) and at shall award competitive grants to eligible pacts medically underserved populations. risk for related serious and chronic medical entities to plan and implement programs ø(8) The United States Surgeon General’s conditions, and individuals who suffer from that promote healthy eating behaviors and report ‘‘A Call To Action’’ lists the treat- eating disorders’’. physical activity to prevent eating disorders, ment and prevention of obesity as a top na- øSEC. 102. GRANTS TO PROVIDE TRAINING FOR obesity, being overweight, and related seri- tional priority. HEALTH PROFESSIONALS. ous and chronic medical conditions. Such ø(9) The estimated direct and indirect an- øSection 399Z of the Public Health Service grants may be awarded to target at-risk pop- nual cost of obesity in the United States is Act (42 U.S.C. 280h–3) is amended— ulations including youth, adolescent girls, $117,000,000,000 (exceeding the cost of to- ø(1) in subsection (b), by striking ‘‘2005’’ racial and ethnic minorities, and the under- bacco-related illnesses) and appears to be ris- and inserting ‘‘2007’’; served. ing dramatically. This cost can potentially ø(2) by redesignating subsection (b) as sub- ø‘‘(2) TERM.—The Secretary shall award escalate markedly as obesity rates continue section (c); and grants under this subsection for a period not to rise and the medical complications of obe- ø(3) by inserting after subsection (a) the to exceed 4 years. sity are emerging at even younger ages. following: ø‘‘(b) AWARD OF GRANTS.—An eligible enti- Therefore, the total disease burden will most ø‘‘(b) GRANTS.— ty desiring a grant under this section shall likely increase, as well as the attendant ø‘‘(1) IN GENERAL.—The Secretary may submit an application to the Secretary at health-related costs. award grants to eligible entities to train pri- such time, in such manner, and containing ø(10) Weight control programs should pro- mary care physicians and other licensed or such information as the Secretary may remote a healthy lifestyle including regular certified health professionals on how to iden- quire, including— physical activity and healthy eating, as con- tify, treat, and prevent obesity or eating dis- ø‘‘(1) a plan describing a comprehensive sistently discussed and identified in a vari- orders and aid individuals who are over- program of approaches to encourage healthy ety of public and private consensus docu- weight, obese, or who suffer from eating dis- eating behaviors and healthy levels of phys- ments, including ‘‘A Call To Action’’ and orders. ical activity; other documents prepared by the Depart- ø‘‘(2) APPLICATION.—An entity that desires ø‘‘(2) the manner in which the eligible enti- ment of Health and Human Services and a grant under this subsection shall submit ty will coordinate with appropriate State other agencies. an application at such time, in such manner, and local authorities, including— ø(11) Eating preferences and habits are es- and containing such information as the Sec- ø‘‘(A) State and local educational agencies; tablished in childhood. retary may require, including a plan for the ø‘‘(B) departments of health; ø(12) Poor eating habits are a risk factor use of funds that may be awarded and an ø‘‘(C) chronic disease directors; for the development of eating disorders and evaluation of the training that will be pro- ø‘‘(D) State directors of programs under obesity. vided. section 17 of the Child Nutrition Act of 1966 ø(13) Simply urging overweight individuals ø‘‘(3) USE OF FUNDS.—An entity that re- (42 U.S.C. 1786); to be thin has not reduced the prevalence of ceives a grant under this subsection shall use ø‘‘(E) 5-a-day coordinators; obesity and may result in other problems in- the funds made available through such grant ø‘‘(F) governors’ councils for physical ac- cluding body dissatisfaction, low self-esteem, to— tivity and good nutrition; and and eating disorders. ø‘‘(A) use evidence-based findings or rec- ø‘‘(G) State and local parks and recreation ø(14) Effective interventions for promoting ommendations that pertain to the preven- departments; and healthy eating behaviors should promote tion and treatment of obesity, being over- ø‘‘(3) the manner in which the applicant healthy lifestyle and not inadvertently pro- weight, and eating disorders to conduct edu- will evaluate the effectiveness of the promote unhealthy weight management tech- cational conferences, including Internet- gram carried out under this section. niques. based courses and teleconferences, on— ø‘‘(c) COORDINATION.—In awarding grants ø(15) Binge Eating is associated with obe- ø‘‘(i) how to treat or prevent obesity, being under this section, the Secretary shall en- sity, heart disease, gall bladder disease, and overweight, and eating disorders; sure that the proposed programs are coordi- diabetes. ø‘‘(ii) the link between obesity and being nated in substance and format with pro- ø(16) Anorexia Nervosa, an eating disorder overweight and related serious and chronic grams currently funded through other Fed- from which 0.5 to 3.7 percent of American medical conditions; eral agencies and operating within the com- women will suffer in their lifetime, is associ- ø‘‘(iii) how to discuss varied strategies munity including the Physical Education ated with serious health consequences in- with patients from at-risk and diverse popu- Program (PEP) of the Department of Edu- cluding heart failure, kidney failure, lations to promote positive behavior change cation. osteoporosis, and death. In fact, Anorexia and healthy lifestyles to avoid obesity, being ø‘‘(d) ELIGIBLE ENTITY.—In this section, Nervosa has the highest mortality rate of all overweight, and eating disorders; the term ‘eligible entity’ means— psychiatric disorders, placing a young ø‘‘(iv) how to identify overweight and ø‘‘(1) a city, county, tribe, territory, or woman with Anorexia at 18 times the risk of obese patients and those who are at risk for State; death of other women her age. obesity and being overweight or suffer from ø‘‘(2) a State educational agency; ø(17) Anorexia Nervosa and Bulimia eating disorders and, therefore, at risk for ø‘‘(3) a tribal educational agency; Nervosa usually appears in adolescence. related serious and chronic medical condi- ø‘‘(4) a local educational agency; ø(18) Bulimia Nervosa, an eating disorder tions; and ø‘‘(5) a federally qualified health center (as from which an estimated 1.1 to 4.2 percent of ø‘‘(v) how to conduct a comprehensive as- defined in section 1861(aa)(4) of the Social American women will suffer in their life- sessment of individual and familial health Security Act (42 U.S.C. 1395x(aa)(4)); time, is associated with cardiac, gastro- risk factors; and ø‘‘(6) a rural health clinic;

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ø‘‘(7) a health department; ø‘‘(B) providing patient education and ø‘‘(8) YOUTH.—The term ‘youth’ means in- ø‘‘(8) an Indian Health Service hospital or counseling to increase physical activity and dividuals not more than 18 years old. clinic; promote healthy eating behaviors; and ø‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ø‘‘(9) an Indian tribal health facility; ø‘‘(C) providing community education on There are authorized to be appropriated to ø‘‘(10) an urban Indian facility; good nutrition and physical activity to de- carry out this section, $60,000,000 for fiscal ø‘‘(11) any health care service provider; velop a better understanding of the relation- year 2004 and such sums as may be necessary ø‘‘(12) an accredited university or college; ship between diet, physical activity, and eat- for each of fiscal years 2005 through 2008. Of or ing disorders, obesity, or being overweight; the funds appropriated pursuant to this sub- ø‘‘(13) any other entity determined appro- or section, the following amounts shall be set priate by the Secretary. ø‘‘(4) other activities determined appro- aside for activities related to eating dis- priate by the Secretary. ø‘‘(e) USE OF FUNDS.—An eligible entity orders: ø‘‘(f) MATCHING FUNDS.—In awarding that receives a grant under this section shall ø‘‘(1) $5,000,000 for fiscal year 2004. grants under subsection (a), the Secretary use the funds made available through the ø‘‘(2) $5,500,000 for fiscal year 2005. may give priority to eligible entities who grant to— ø‘‘(3) $6,000,000 for fiscal year 2006. provide matching contributions. Such non- ø ø‘‘(4) $6,500,000 for fiscal year 2007. ‘‘(1) carry out community-based activities Federal contributions may be cash or in ø‘‘(5) $1,000,000 for fiscal year 2008.’’ including— kind, fairly evaluated, including plant, ø ‘‘(A) planning and implementing environ- equipment, or services. øSEC. 202. NATIONAL CENTER FOR HEALTH STA- mental changes that promote physical activ- ø‘‘(g) TECHNICAL ASSISTANCE.—The Sec- TISTICS. ity; retary may set aside an amount not to ex- øSection 306 of the Public Health Service ø ‘‘(B) forming partnerships and activities ceed 10 percent of the total amount appro- Act (42 U.S.C. 242k) is amended by striking with businesses and other entities to in- priated for a fiscal year under subsection (k) subsection (n) and inserting the following: crease physical activity levels and promote to permit the Director of the Centers for Dis- ø‘‘(n)(1) The Secretary, acting through the healthy eating behaviors at the workplace ease Control and Prevention to provide Center, may provide for the— and while traveling to and from the work- grantees with technical support in the devel- ø‘‘(A) collection of data for determining place; opment, implementation, and evaluation of the fitness levels and energy expenditure of ø‘‘(C) forming partnerships with entities, programs under this section and to dissemi- children and youth; and including schools, faith-based entities, and nate information about effective strategies ø‘‘(B) analysis of data collected as part of other facilities providing recreational serv- and interventions in preventing and treating the National Health and Nutrition Examina- ices, to establish programs that use their fa- obesity and eating disorders through the pro- tion Survey and other data sources. cilities for after school and weekend commu- motion of healthy eating behaviors and ø nity activities; physical activity. ‘‘(2) In carrying out paragraph (1), the ø‘‘(D) establishing incentives for retail ø‘‘(h) LIMITATION ON ADMINISTRATIVE Secretary, acting through the Center, may food stores, farmer’s markets, food coops, COSTS.—An eligible entity awarded a grant make grants to States, public entities, and grocery stores, and other retail food outlets under this section may not use more than 10 nonprofit entities. that offer nutritious foods to encourage such percent of funds awarded under such grant ø‘‘(3) The Secretary, acting through the stores and outlets to locate in economically for administrative expenses. Center, may provide technical assistance, ø depressed areas; ‘‘(i) REPORT.—Not later than 6 years after standards, and methodologies to grantees ø‘‘(E) forming partnerships with senior the date of enactment of the Improved Nutri- supported by this subsection in order to centers and nursing homes to establish pro- tion and Physical Activity Act, the Director maximize the data quality and com- grams for older people to foster physical ac- of the Centers for Disease Control and Pre- parability with other studies.’’. vention shall review the results of the grants tivity and healthy eating behaviors; ø awarded under this section and other related SEC. 203. STUDY OF THE FOOD SUPPLEMENT ø‘‘(F) forming partnerships with day care AND NUTRITION PROGRAMS OF THE research and identify programs that have facilities to establish programs that promote DEPARTMENT OF AGRICULTURE. demonstrated effectiveness in healthy eating healthy eating behaviors and physical activ- ø behaviors and physical activity in youth. (a) IN GENERAL.—The Secretary of Agri- ity; and ø‘‘(j) DEFINITIONS.—In this section: culture shall request that the Institute of ø ‘‘(G) providing community educational ø‘‘(1) ANOREXIA NERVOSA.—The term ‘Ano- Medicine conduct, or contract with another activities targeting good nutrition; rexia Nervosa’ means an eating disorder entity to conduct, a study on the food and ø ‘‘(2) carry out age-appropriate school- characterized by self-starvation and exces- nutrition assistance programs run by the De- based activities including— sive weight loss. partment of Agriculture. ø ‘‘(A) developing and testing educational ø‘‘(2) BINGE EATING DISORDER.—The term ø(b) CONTENT.—Such study shall— curricula and intervention programs de- ‘binge eating disorder’ means a disorder ø(1) investigate whether the nutrition pro- signed to promote healthy eating behaviors characterized by frequent episodes of uncon- grams and nutrition recommendations are and habits in youth, which may include— trolled eating. based on the latest scientific evidence; ø‘‘(i) after hours physical activity pro- ø‘‘(3) BULIMIA NERVOSA.—The term ø(2) investigate whether the food assist- grams; ‘Bulimia Nervosa’ means an eating disorder ance programs contribute to either pre- ø‘‘(ii) increasing opportunities for students characterized by excessive food consump- venting or enhancing obesity and being over- to make informed choices regarding healthy tion, followed by inappropriate compen- weight in children, adolescents, and adults; eating behaviors; and satory behaviors, such as self-induced vom- ø(3) investigate whether the food assist- ø‘‘(iii) science-based interventions with iting, misuse of laxatives, fasting, or exces- ance programs can be improved or altered to multiple components to prevent eating dis- sive exercise. contribute to the prevention of obesity and orders including nutritional content, under- ø‘‘(4) EATING DISORDERS.—The term ‘eating becoming overweight; and standing and responding to hunger and sati- disorders’ means disorders of eating, includ- ø(4) identify obstacles that prevent or ety, positive body image development, posi- ing Anorexia Nervosa, Bulimia Nervosa, and hinder the programs from achieving their ob- tive self-esteem development, and learning binge eating disorder. jectives. life skills (such as stress management, com- ø‘‘(5) HEALTHY EATING BEHAVIORS.—The ø(c) REPORT.—Not later than 2 years after munication skills, problem-solving and deci- term ‘healthy eating behaviors’ means— the date of enactment of this Act, the Sec- sionmaking skills), as well as consideration ø‘‘(A) eating in quantities adequate to retary of Agriculture shall submit to the ap- of cultural and developmental issues, and the meet, but not in excess of, daily energy propriate committees of Congress a report role of family, school, and community; needs; containing the results of the Institute of ø ‘‘(B) providing education and training to ø‘‘(B) choosing foods to promote health and Medicine study authorized under this sec- educational professionals regarding a prevent disease; tion. healthy lifestyle and a healthy school envi- ø‘‘(C) eating comfortably in social environ- ø(d) AUTHORIZATION OF APPROPRIATIONS.— ronment; ments that promote healthy relationships There is authorized to be appropriated to ø‘‘(C) planning and implementing a healthy with family, peers, and community; and carry out this section $750,000 for fiscal years lifestyle curriculum or program with an em- ø‘‘(D) eating in a manner to acknowledge 2003 and 2004. phasis on healthy eating behaviors and phys- internal signals of hunger and satiety. ø ical activity; and ø‘‘(6) OBESE.—The term ‘obese’ means an SEC. 204. HEALTH DISPARITIES REPORT. ø‘‘(D) planning and implementing healthy adult with a Body Mass Index (BMI) of 30 kg/ øNot later than 18 months after the date of lifestyle classes or programs for parents or m2 or greater. enactment of this Act, and annually there- guardians, with an emphasis on healthy eat- ø‘‘(7) OVERWEIGHT.—The term ‘overweight’ after, the Director of the Agency for ing behaviors and physical activity; means an adult with a Body Mass Index Healthcare Research and Quality shall re- ø‘‘(3) carry out activities through the local (BMI) of 25 to 29.9 kg/m2 and a child or ado- view all research that results from the ac- health care delivery systems including— lescent with a BMI at or above the 95th per- tivities outlined in this Act and determine if ø‘‘(A) promoting healthy eating behaviors centile on the revised Centers for Disease particular information may be important to and physical activity services to treat or Control and Prevention growth charts or an- the report on health disparities required by prevent eating disorders, being overweight, other appropriate childhood definition, as section 903(c)(3) of the Public Health Service and obesity; defined by the Secretary. Act (42 U.S.C. 299a–1(c)(3)).

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16097 øSEC. 205. PREVENTIVE HEALTH SERVICES jectives of increasing the proportion of adults ous and chronic medical conditions, and indi- BLOCK GRANT. who are at a healthy weight, reducing the pro- viduals who suffer from eating disorders’’. ø Section 1904(a)(1) of the Public Health portion of adults who are obese, and reducing SEC. 102. GRANTS TO PROVIDE TRAINING FOR Service Act (42 U.S.C. 300w–3(a)(1)) is amend- the proportion of children and adolescents who HEALTH PROFESSIONALS. ed by adding at the end the following: are overweight or obese. Section 399Z of the Public Health Service Act ø‘‘(H) Activities and community education (7) Another goal of Healthy People 2010 is to (42 U.S.C. 280h–3) is amended— programs designed to address and prevent eliminate health disparities among different seg- (1) in subsection (b), by striking ‘‘2005’’ and overweight, obesity, and eating disorders ments of the population. Obesity is a health inserting ‘‘2007’’; through effective programs to promote problem that disproportionally impacts medi- (2) by redesignating subsection (b) as sub- healthy eating, and exercise habits and be- cally underserved populations. section (c); and haviors.’’. (8) The United States Surgeon General’s re- (3) by inserting after subsection (a) the fol- øSEC. 206. REPORT ON OBESITY RESEARCH. port ‘‘A Call To Action’’ lists the treatment and lowing: ø(a) IN GENERAL.—Not later than 1 year prevention of obesity as a top national priority. ‘‘(b) GRANTS.— after the date of enactment of this Act, the (9) The estimated direct and indirect annual ‘‘(1) IN GENERAL.—The Secretary may award Secretary of Health and Human Services cost of obesity in the United States is grants to eligible entities to train primary care shall submit to the Committee on Health, $117,000,000,000 (exceeding the cost of tobacco- physicians and other licensed or certified health Education, Labor, and Pensions of the Sen- related illnesses) and appears to be rising dra- professionals on how to identify, treat, and pre- ate and the Committee on Energy and Com- matically. This cost can potentially escalate vent obesity or eating disorders and aid individ- merce of the House of Representatives a re- markedly as obesity rates continue to rise and uals who are overweight, obese, or who suffer port on research conducted on causes and the medical complications of obesity are emerg- from eating disorders. health implications of obesity and being ing at even younger ages. Therefore, the total ‘‘(2) APPLICATION.—An entity that desires a overweight. disease burden will most likely increase, as well grant under this subsection shall submit an ap- ø(b) CONTENT.—The report described in sub- as the attendant health-related costs. plication at such time, in such manner, and section (a) shall contain— (10) Weight control programs should promote containing such information as the Secretary ø(1) descriptions on the status of relevant, a healthy lifestyle including regular physical may require, including a plan for the use of current, ongoing research being conducted in activity and healthy eating, as consistently dis- funds that may be awarded and an evaluation the Department of Health and Human Serv- cussed and identified in a variety of public and of the training that will be provided. ices including research at the National Insti- private consensus documents, including ‘‘A Call ‘‘(3) USE OF FUNDS.—An entity that receives a tutes of Health, the Centers for Disease Con- To Action’’ and other documents prepared by grant under this subsection shall use the funds trol and Prevention, the Agency for the Department of Health and Human Services made available through such grant to— Healthcare Research and Quality, the Health and other agencies. ‘‘(A) use evidence-based findings or rec- Resources and Services Administration, and (11) Eating preferences and habits are estab- ommendations that pertain to the prevention other offices and agencies; lished in childhood. and treatment of obesity, being overweight, and ø(2) information about what these studies (12) Poor eating habits are a risk factor for eating disorders to conduct educational con- have shown regarding the causes of, preven- the development of eating disorders and obesity. ferences, including Internet-based courses and tion of, and treatment of, overweight and (13) Simply urging overweight individuals to teleconferences, on— obesity; and be thin has not reduced the prevalence of obe- ‘‘(i) how to treat or prevent obesity, being ø(3) recommendations on further research sity and may result in other problems including overweight, and eating disorders; that is needed, including research among di- body dissatisfaction, low self-esteem, and eating ‘‘(ii) the link between obesity and being over- verse populations, the department’s plan for disorders. weight and related serious and chronic medical conducting such research, and how current (14) Effective interventions for promoting conditions; knowledge can be disseminated. healthy eating behaviors should promote ‘‘(iii) how to discuss varied strategies with pa- øSEC. 207. REPORT ON A NATIONAL CAMPAIGN healthy lifestyle and not inadvertently promote tients from at-risk and diverse populations to TO CHANGE CHILDREN’S HEALTH unhealthy weight management techniques. promote positive behavior change and healthy BEHAVIORS AND REDUCE OBESITY. (15) Binge Eating is associated with obesity, lifestyles to avoid obesity, being overweight, and øSection 399Y of the Public Health Service heart disease, gall bladder disease, and diabetes. eating disorders; Act (42 U.S.C. 280h–2) is amended— (16) Anorexia Nervosa, an eating disorder ‘‘(iv) how to identify overweight and obese pa- ø(1) by redesignating subsection (b) as sub- from which 0.5 to 3.7 percent of American tients and those who are at risk for obesity and section (c); and women will suffer in their lifetime, is associated being overweight or suffer from eating disorders ø(2) by inserting after subsection (a) the with serious health consequences including and, therefore, at risk for related serious and following: heart failure, kidney failure, osteoporosis, and chronic medical conditions; ø‘‘(b) REPORT.—The Secretary shall evalu- death. In fact, Anorexia Nervosa has the high- ‘‘(v) how to conduct a comprehensive assess- ate the effectiveness of the campaign de- est mortality rate of all psychiatric disorders, ment of individual and familial health risk fac- scribed in subsection (a) in changing chil- placing a young woman with Anorexia Nervosa tors; and dren’s behaviors and reducing obesity and at 18 times the risk of death of other women her ‘‘(B) evaluate the effectiveness of the training shall report such results to the Committee age. provided by such entity in increasing knowledge on Health, Education, Labor, and Pensions of (17) Anorexia Nervosa and Bulimia Nervosa and changing attitudes and behaviors of train- the Senate and the Committee on Energy usually appears in adolescence. ees.’’. and Commerce of the House of Representa- (18) Bulimia Nervosa, an eating disorder from TITLE II—COMMUNITY-BASED SOLUTIONS tives.’’.¿ which an estimated 1.1 to 4.2 percent of Amer- TO INCREASE PHYSICAL ACTIVITY AND SECTION 1. SHORT TITLE. ican women will suffer in their lifetime, is asso- IMPROVE NUTRITION This Act may be cited as the ‘‘Improved Nutri- ciated with cardiac, gastrointestinal, and dental SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIV- tion and Physical Activity Act’’ or the ‘‘IM- problems, including irregular heartbeats, gastric ITY AND IMPROVE NUTRITION. PACT Act’’. ruptures, peptic ulcers, and tooth decay. Part Q of title III of the Public Health Service (19) On the 1999 Youth Risk Behavior Survey, SEC. 2. FINDINGS. Act (42 U.S.C. 280h et seq.) is amended by strik- 7.5 percent of high school girls reported recent Congress makes the following findings: ing section 399W and inserting the following: use of laxatives or vomiting to control their (1) An estimated 61 percent of adults and 13 ‘‘SEC. 399W. GRANTS TO INCREASE PHYSICAL AC- weight. percent of children and adolescents in the Na- TIVITY AND IMPROVE NUTRITION. (20) Binge Eating Disorder is characterized by tion are overweight or obese. ‘‘(a) ESTABLISHMENT.— frequent episodes of uncontrolled overeating, (2) The prevalence of obesity and being over- ‘‘(1) IN GENERAL.—The Secretary, acting with an estimated 2 to 5 percent of Americans weight is increasing among all age groups. through the Director of the Centers for Disease experiencing this disorder in a 6-month period. There are twice the number of overweight chil- Control and Prevention and in coordination (21) Eating disorders are commonly associated dren and 3 times the number of overweight ado- with the Administrator of the Health Resources with substantial psychological problems, includ- lescents as there were 29 years ago. and Services Administration, the Director of the ing depression, substance abuse, and suicide. (3) An estimated 300,000 deaths a year are as- Indian Health Service, the Secretary of Edu- (22) Eating disorders of all types are more sociated with being overweight or obese. cation, the Secretary of Agriculture, the Sec- common in women than men. (4) Obesity and being overweight are associ- retary of the Interior, the Director of the Na- ated with an increased risk for heart disease TITLE I—TRAINING GRANTS tional Institutes of Health, the Director of the (the leading cause of death), cancer (the second SEC. 101. GRANTS TO PROVIDE TRAINING FOR Office of Women’s Health, and the heads of leading cause of death), diabetes (the 6th lead- HEALTH PROFESSION STUDENTS. other appropriate agencies, shall award coming cause of death), and musculoskeletal dis- Section 747(c)(3) of title VII of the Public petitive grants to eligible entities to plan and orders. Health Service Act (42 U.S.C. 293k(c)(3)) is implement programs that promote healthy eat- (5) Individuals who are obese have a 50 to 100 amended by striking ‘‘and victims of domestic ing behaviors and physical activity to prevent percent increased risk of premature death. violence’’ and inserting ‘‘victims of domestic vio- eating disorders, obesity, being overweight, and (6) The Healthy People 2010 goals identify lence, individuals (including children) who are related serious and chronic medical conditions. obesity and being overweight as one of the Na- overweight or obese (as such terms are defined Such grants may be awarded to target at-risk tion’s leading health problems and include ob- in section 399W(j)) and at risk for related seri- populations including youth, adolescent girls,

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health disparity populations (as defined in sec- ‘‘(E) forming partnerships with senior centers ‘‘(j) DEFINITIONS.—In this section: tion 485E(d)), and the underserved. and nursing homes to establish programs for ‘‘(1) ANOREXIA NERVOSA.—The term ‘Anorexia ‘‘(2) TERM.—The Secretary shall award grants older people to foster physical activity and Nervosa’ means an eating disorder characterized under this subsection for a period not to exceed healthy eating behaviors; by self-starvation and excessive weight loss. 4 years. ‘‘(F) forming partnerships with daycare facili- ‘‘(2) BINGE EATING DISORDER.—The term ‘‘(b) AWARD OF GRANTS.—An eligible entity ties to establish programs that promote healthy ‘binge eating disorder’ means a disorder charac- desiring a grant under this section shall submit eating behaviors and physical activity; and terized by frequent episodes of uncontrolled eat- an application to the Secretary at such time, in ‘‘(G) providing community educational activi- ing. such manner, and containing such information ties targeting good nutrition; ‘‘(3) BULIMIA NERVOSA.—The term ‘Bulimia as the Secretary may require, including— ‘‘(2) carry out age-appropriate school-based Nervosa’ means an eating disorder characterized ‘‘(1) a plan describing a comprehensive pro- activities including— by excessive food consumption, followed by ingram of approaches to encourage healthy eating ‘‘(A) developing and testing educational cur- appropriate compensatory behaviors, such as behaviors and healthy levels of physical activ- ricula and intervention programs designed to self-induced vomiting, misuse of laxatives, fast- ity; promote healthy eating behaviors and habits in ing, or excessive exercise. ‘‘(2) the manner in which the eligible entity youth, which may include— ‘‘(4) EATING DISORDERS.—The term ‘eating dis- will coordinate with appropriate State and local ‘‘(i) after hours physical activity programs; orders’ means disorders of eating, including ‘‘(ii) increasing opportunities for students to authorities, including— Anorexia Nervosa, Bulimia Nervosa, and binge make informed choices regarding healthy eating ‘‘(A) State and local educational agencies; eating disorder. behaviors; and ‘‘(B) departments of health; ‘‘(5) HEALTHY EATING BEHAVIORS.—The term ‘‘(iii) science-based interventions with mul- ‘‘(C) chronic disease directors; ‘healthy eating behaviors’ means— tiple components to prevent eating disorders in- ‘‘(D) State directors of programs under section ‘‘(A) eating in quantities adequate to meet, cluding nutritional content, understanding and 17 of the Child Nutrition Act of 1966 (42 U.S.C. but not in excess of, daily energy needs; responding to hunger and satiety, positive body 1786); ‘‘(B) choosing foods to promote health and image development, positive self-esteem develop- ‘‘(E) 5-a-day coordinators; prevent disease; ment, and learning life skills (such as stress ‘‘(F) Governors’ councils for physical activity ‘‘(C) eating comfortably in social environ- management, communication skills, problem- and good nutrition; ments that promote healthy relationships with ‘‘(G) State and local parks and recreation de- solving and decisionmaking skills), as well as family, peers, and community; and partments; and consideration of cultural and developmental ‘‘(D) eating in a manner to acknowledge inter- ‘‘(H) State and local departments of transpor- issues, and the role of family, school, and com- nal signals of hunger and satiety. tation and city planning; and munity; ‘‘(6) OBESE.—The term ‘obese’ means an adult ‘‘(B) providing education and training to edu- ‘‘(3) the manner in which the applicant will with a Body Mass Index (BMI) of 30 kg/m2 or cational professionals regarding a healthy life- evaluate the effectiveness of the program carried greater. style and a healthy school environment; out under this section. ‘‘(7) OVERWEIGHT.—The term ‘overweight’ ‘‘(C) planning and implementing a healthy ‘‘(c) COORDINATION.—In awarding grants means an adult with a Body Mass Index (BMI) lifestyle curriculum or program with an empha- under this section, the Secretary shall ensure of 25 to 29.9 kg/m2 and a child or adolescent sis on healthy eating behaviors and physical ac- that the proposed programs are coordinated in with a BMI at or above the 95th percentile on tivity; and the revised Centers for Disease Control and Pre- substance and format with programs currently ‘‘(D) planning and implementing healthy life- vention growth charts or another appropriate funded through other Federal agencies and op- style classes or programs for parents or guard- childhood definition, as defined by the Sec- erating within the community including the ians, with an emphasis on healthy eating be- retary. Physical Education Program (PEP) of the De- haviors and physical activity; partment of Education. ‘‘(3) carry out activities through the local ‘‘(8) YOUTH.—The term ‘youth’ means individ- ‘‘(d) ELIGIBLE ENTITY.—In this section, the health care delivery systems including— uals not more than 18 years old. term ‘eligible entity’ means— ‘‘(A) promoting healthy eating behaviors and ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) a city, county, tribe, territory, or State; physical activity services to treat or prevent eat- There are authorized to be appropriated to carry ‘‘(2) a State educational agency; ing disorders, being overweight, and obesity; out this section, $60,000,000 for fiscal year 2004 ‘‘(3) a tribal educational agency; ‘‘(B) providing patient education and coun- and such sums as may be necessary for each of ‘‘(4) a local educational agency; seling to increase physical activity and promote fiscal years 2005 through 2008. Of the funds ap- ‘‘(5) a federally qualified health center (as de- healthy eating behaviors; and propriated pursuant to this subsection, the fol- fined in section 1861(aa)(4) of the Social Secu- ‘‘(C) providing community education on good lowing amounts shall be set aside for activities rity Act (42 U.S.C. 1395x(aa)(4)); nutrition and physical activity to develop a bet- related to eating disorders: ‘‘(6) a rural health clinic; ter understanding of the relationship between ‘‘(1) $5,000,000 for fiscal year 2004. ‘‘(7) a health department; diet, physical activity, and eating disorders, ‘‘(2) $5,500,000 for fiscal year 2005. ‘‘(8) an Indian Health Service hospital or clin- obesity, or being overweight; or ‘‘(3) $6,000,000 for fiscal year 2006. ic; ‘‘(4) other activities determined appropriate by ‘‘(4) $6,500,000 for fiscal year 2007. ‘‘(9) an Indian tribal health facility; the Secretary. ‘‘(5) $1,000,000 for fiscal year 2008.’’. ‘‘(10) an urban Indian facility; ‘‘(f) MATCHING FUNDS.—In awarding grants SEC. 202. NATIONAL CENTER FOR HEALTH STA- ‘‘(11) any health provider; under subsection (a), the Secretary may give TISTICS. ‘‘(12) an accredited university or college; priority to eligible entities who provide matching Section 306 of the Public Health Service Act ‘‘(13) a community-based organization; contributions. Such non-Federal contributions (42 U.S.C. 242k) is amended— ‘‘(14) a local city planning agency; or may be cash or in kind, fairly evaluated, includ- (1) in subsection (m)(4)(B), by striking ‘‘sub- ‘‘(15) any other entity determined appropriate ing plant, equipment, or services. section (n)’’ each place it appears and inserting by the Secretary. ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary ‘‘subsection (o)’’; ‘‘(e) USE OF FUNDS.—An eligible entity that may set aside an amount not to exceed 10 per- (2) by redesignating subsection (n) as sub- receives a grant under this section shall use the cent of the total amount appropriated for a fis- section (o); and funds made available through the grant to— cal year under subsection (k) to permit the Di- (3) by inserting after subsection (m) the fol- ‘‘(1) carry out community-based activities in- rector of the Centers for Disease Control and lowing: cluding— Prevention to provide grantees with technical ‘‘(n)(1) The Secretary, acting through the ‘‘(A) city planning, transportation initiatives, support in the development, implementation, Center, may provide for the— and environmental changes that help promote and evaluation of programs under this section ‘‘(A) collection of data for determining the fit- physical activity, such as increasing the use of and to disseminate information about effective ness levels and energy expenditure of children walking or bicycling as a mode of transpor- strategies and interventions in preventing and and youth; and tation; treating obesity and eating disorders through ‘‘(B) analysis of data collected as part of the ‘‘(B) forming partnerships and activities with the promotion of healthy eating behaviors and National Health and Nutrition Examination businesses and other entities to increase phys- physical activity. Survey and other data sources. ical activity levels and promote healthy eating ‘‘(h) LIMITATION ON ADMINISTRATIVE COSTS.— ‘‘(2) In carrying out paragraph (1), the Sec- behaviors at the workplace and while traveling An eligible entity awarded a grant under this retary, acting through the Center, may make to and from the workplace; section may not use more than 10 percent of grants to States, public entities, and nonprofit ‘‘(C) forming partnerships with entities, in- funds awarded under such grant for administra- entities. cluding schools, faith-based entities, and other tive expenses. ‘‘(3) The Secretary, acting through the Center, facilities providing recreational services, to es- ‘‘(i) REPORT.—Not later than 6 years after the may provide technical assistance, standards, tablish programs that use their facilities for date of enactment of the Improved Nutrition and methodologies to grantees supported by this after school and weekend community activities; and Physical Activity Act, the Director of the subsection in order to maximize the data quality ‘‘(D) establishing incentives for retail food Centers for Disease Control and Prevention and comparability with other studies.’’. stores, farmer’s markets, food co-ops, grocery shall review the results of the grants awarded SEC. 203. HEALTH DISPARITIES REPORT. stores, and other retail food outlets that offer under this section and other related research Not later than 18 months after the date of en- nutritious foods to encourage such stores and and identify programs that have demonstrated actment of this Act, and annually thereafter, outlets to locate in economically depressed effectiveness in healthy eating behaviors and the Director of the Agency for Healthcare Re- areas; physical activity in youth. search and Quality shall review all research

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16099 that results from the activities outlined in this rectly and indirectly. These tends will edition of Newsweek magazine. It fea- Act and determine if particular information may continue if we do not develop a com- tures a special section on the top 10 be important to the report on health disparities prehensive strategy to prevent and health stories of 2003. Weighing in as required by section 903(c)(3) of the Public treat this condition. No. 1 in the Newsweek story in the Health Service Act (42 U.S.C. 299a–1(c)(3)). I commend Senator FRIST and others judgment of its editor is the obesity SEC. 204. PREVENTIVE HEALTH SERVICES BLOCK GRANT. for introducing the Improved Nutrition epidemic in America. That comes be- Section 1904(a)(1) of the Public Health Service and Physical Activity Act to begin to fore depression, it comes before cancer, Act (42 U.S.C. 300w–3(a)(1)) is amended by add- tackle this challenge. Senator FRIST as and it comes before even the SARS ing at the end the following: a physician certainly understands the virus. ‘‘(H) Activities and community education pro- impact of rising obesity rates. I com- The magazine reports that more than grams designed to address and prevent over- mend his leadership on this issue. I be- 65 percent of Americans are overweight weight, obesity, and eating disorders through ef- lieve that he and I agree that this IM- or obese and rates of obesity-related fective programs to promote healthy eating, and PACT bill is an important step for- illnesses are skyrocketing. Fifteen per- exercise habits and behaviors.’’. ward, but that more may need to be cent of America’s children are seri- SEC. 205. REPORT ON OBESITY RESEARCH. done to prevent and treat obesity. In ously overweight, triple the number in (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary view of the continuing and growing 1970. It is an epidemic that is getting of Health and Human Services shall submit to public health threat, I wonder if my worse day by day, week by week, the Committee on Health, Education, Labor, friend and colleague would agree with month by month, and year by year. and Pensions of the Senate and the Committee me now that the Health, Education, As a physician and as a Senator, this on Energy and Commerce of the House of Rep- Labor and Pensions Committee, as the particular issue is one about which I resentatives a report on research conducted on committee of jurisdiction in this policy care passionately. I have spoken to this causes and health implications of obesity and area, should devote further attention issue frequently in the Senate and I re- being overweight. to this problem next year. I wonder turn tonight to do so for a few mo- (b) CONTENT.—The report described in subsection (a) shall contain— whether he, as a fellow member of that ments. I applaud the media outlets be- (1) descriptions on the status of relevant, cur- HELP Committee, would agree with me cause they have done a very good job in rent, ongoing research being conducted in the now to urge chairman and ranking highlighting and spotlighting this new Department of Health and Human Services in- member of that committee to hold a epidemic. They are taking this obesity cluding research at the National Institutes of hearing early in the next session of threat seriously and helping to commu- Health, the Centers for Disease Control and Pre- this Congress for that purpose. nicate that around the United States of vention, the Agency for Healthcare Research Mr. FRIST. I thank my colleague for America. and Quality, the Health Resources and Services The message is simple, that obesity, Administration, and other offices and agencies; his kind remarks. As he knows, I be- (2) information about what these studies have lieve this issue of obesity is one of the which is growing day by day, is debili- shown regarding the causes of, prevention of, largest unaddressed public health tating. It is effectively debilitating and treatment of, overweight and obesity; and issues we face today, and I am pleased millions of Americans. Indeed, it has (3) recommendations on further research that by the action we are taking today. I reached epidemic proportions in all is needed, including research among diverse agree that it is critical that we con- ages but in particular in children. populations, the department’s plan for continue to direct our attention to this Historically, obesity was considered ducting such research, and how current knowl- issue, and it is my hope that the HELP just another lifestyle choice. It was a edge can be disseminated. Committee will continue to examine tolerable consequence of eating food, SEC. 206. REPORT ON A NATIONAL CAMPAIGN TO eating good food, and eating lots of CHANGE CHILDREN’S HEALTH BE- the issue, including by holding a hear- HAVIORS AND REDUCE OBESITY. ing next year. food. It was a consequence of driving Section 399Y of the Public Health Service Act Mr. HARKIN. I appreciate the atten- instead of walking. But now we know (42 U.S.C. 280h–2) is amended— tion of the majority leader to this sub- obesity literally causes heart disease. (1) by redesignating subsection (b) as subject. I commend his work and con- Heart disease is the No. 1 killer in section (c); and gratulate him on passage of this bill. I Americans. Now we know that obesity (2) by inserting after subsection (a) the fol- look forward to sending a joint letter causes diabetes, causes cancer, contrib- lowing: utes to stroke. Indeed, a whopping ‘‘(b) REPORT.—The Secretary shall evaluate to the HELP Committee, requesting a the effectiveness of the campaign described in hearing, and I look forward to working 300,000 deaths a year can be linked di- subsection (a) in changing children’s behaviors with the Senator from Tennessee and rectly to fat. And it is spreading. It is and reducing obesity and shall report such re- others to build on this important start spreading in children. The percentage sults to the Committee on Health, Education, in combating harmful obesity. of kids age 6 to 19 who are overweight Labor, and Pensions of the Senate and the Com- Mr. FRIST. Mr. President, I ask has not just doubled, not just tripled mittee on Energy and Commerce of the House of unanimous consent that the committee but almost quadrupled since the 1960s. Representatives.’’. substitute amendment be agreed to, Nationwide, type 2 diabetes, which is Mr. HARKIN. Mr. President, I wish to the bill, as amended, be read a third the kind associated with being over- engage in a colloquy with the distin- time and passed, the motion to recon- weight, being obese, has skyrocketed. guished majority leader, the Senator sider be laid upon the table, and that The Centers for Disease Control and from Tennessee, Mr. FRIST. From time any statements relating to the bill be Prevention estimates that one in three to time, Congress is confronted with a printed in the RECORD. Americans born today—they studied public health crisis of such magnitude The PRESIDING OFFICER. Without the year 2000—will develop diabetes in that we have no choice but to act. For objection, it is so ordered. their lifetime. It is the type of diabetes a number of reasons, including the The committee amendment in the that can be prevented and it can be changing physical environment, eating nature of a substitute was agreed to. treated. and physical activity habits, obesity The bill (S. 1172), as amended, was With African-American children and has now emerged as a serious new pub- read the third time and passed. you look at Hispanic children, that lic health threat. More than 65 percent Mr. FRIST. Mr. President, this bill number jumps to nearly half; one out of American adults and 15 percent of we just passed does exactly as stated. of two African American and Hispanic children are obese or overweight. These It establishes grants to address health babies born this year or last year will figures double the levels during the services for nutrition, for increased develop diabetes. As adults, we know it 1980s for adults and triple the levels for physical activity, and for obesity pre- is hard to battle being overweight. But children. Obesity now contributes to an vention. imagine, for a 10-year-old child, the estimated 300,000 deaths annually. We It is late in the day, and a little bit challenge to both prevent and to treat also know that obesity contributes to later we will bring this session to a this epidemic. diabetes, high blood pressure, high cho- close. I am delighted personally, as a Diabetes leads to a whole host of lesterol, cancers and heart disease. The physician and as a Senator, that this chronic illnesses. It is the leading economic impact also is alarming. The body came forward to pass this impor- cause of amputations in our society Surgeon General reports that obesity tant piece of legislation. I draw the at- today. It is the leading cause of blind- costs the Nation over $117 billion di- tention of my colleagues to last week’s ness in our society today. It is the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16100 CONGRESSIONAL RECORD — SENATE December 9, 2003 leading cause of heart disease and kid- This IMPACT Act uses a multifaceted I had the privilege, the honor, of ney disease in our society today. approach that emphasizes youth edu- working with Paul Simon for 12 years. With regard to children, teachers can cation to jump-start healthy habits He brought a decency, a sense of tell the story. Teachers have the oppor- early. It funds demonstration projects humor, to his life and to his work that tunity to see children in classrooms on to find innovative ways, creative ways, I think has never been matched. True a regular basis. They say they see kids to improve eating and exercise. In ad- to his roots as an investigative jour- out of breath simply walking up the dition—and this is critically impor- nalist, he had a clear eye for injustice stairs in school. They tell us about tant—it includes rigorous evaluation and an untiring devotion to using kids who, when they get outside of the so we can learn what is best. power to improve the lives of Ameri- school and go to the schoolyard, are We see many different proposals. We cans. out of breath or, they come back ex- cannot turn on television without see- At the same time, he recognized that hausted from a simple field trip. ing the latest fad, the latest diet or the in order to maintain citizens’ support Activities that we associate with ex- latest cure. It is a huge industry. What for Government, we needed to preserve ercise such as kick ball, jumping rope, we in the Government can do and their faith in the political process. climbing trees, for many kids today should be doing is evaluating what Paul Simon was among the more these are grueling exercises, grueling works best in terms of what we imple- vocal and effective advocates of cam- activities that are to be avoided at all ment through this program. This bill paign finance reform, and his leader- cost because of their feeling of over- does not attempt to control what ship helped clear the way for the exertion and being out of breath. Twen- Americans eat or what Americans do McCain-Feingold bill, passed 5 years ty-five percent of our Nation’s children not eat. This bill does not outlaw bad after his departure. say they do not participate in any vig- foods. It does not attempt to replicate Even after his retirement, Paul orous activity. That is one in four. in any way that $1 billion diet and fit- Simon remained committed to raising Obesity is robbing them not only of en- ness industry. It does have a modest citizens’ understanding of and faith in joying the normal traditional child- pricetag and that reflects the appro- Government and politics through his hood pastimes but it also is literally priate role of the Federal Government. writings and his work to begin South- robbing them of their childhood years. Working with the chairman of the ern Illinois University’s Public Policy By that I mean that obesity is associ- HELP Committee, Senator JUDD Institute. ated with the early onset of puberty GREGG, and Senator DODD, Senator Anyone who knew or worked with among girls. According to a study from BINGAMAN, and others, I am delighted— Paul will miss his probing intellect, his the University of North Carolina, 48 I am delighted—that we have, as au- self-deprecating wit, his integrity, and percent of African-American girls thors, as sponsors, just seen this bill his leadership. I will never forget one begin puberty by age 8, over a quarter pass by unanimous consent. of the last days that Senator Simon I do hope the House of Representa- by age 7. served, all of us surprised him during a tives will join us early next year in Indeed, this is a national health cri- vote by coming to the floor wearing sending this legislation to the Presi- sis. It is harming our children in ways bow ties. I will never forget the look on dent of the United States for his signa- we can readily observe. It is also harm- his face. We tried to replicate Paul Si- ture. ing our children in ways we do not so mon’s look, but we could never rep- Again, this is not ‘‘the’’ solution. readily observe that will not become licate his soul, his character, his per- There is no single solution to this apparent until later in life. Yes, you sonality, his drive, his intellect, his growing epidemic of obesity, but there observe the obesity but you do not see prodigious writing as the author of, I are solutions. This epidemic can be re- the side effects of the obesity until know, more than a dozen books. versed, and the start is awareness and much later. Those side effects, as I Paul Simon was a friend. Paul Simon then action. That is why, indeed, I am mentioned before, are heart disease, was a giant on whom we depended for speaking at this fairly late hour on amputation, blindness, a debilitating the guidance, the leadership, and the this particular issue, because we have disease that condemns them to more courage that this Senate has come to just demonstrated, through action, illness, condemns them to a shorter expect of people as capable as he was that this body will work toward solu- life. when he served. We will miss him dear- tions, and to also state the importance Again, this is a new phenomena. If we ly. of the awareness, especially awareness look at the history of medicine in this I yield the floor and suggest the ab- among children. And that is where this country, back a few hundred years, we sence of a quorum. IMPACT bill will have a direct impact. are going along like this and in the The PRESIDING OFFICER. The We know the consequences of obe- 1960s or 1970s we have hit epidemic pro- clerk will call the roll. sity. We can and we should keep our portions. The reason I talk about it in The legislative clerk proceeded to kids safe by helping to keep them fit. the Senate and the reason why the bill call the roll. Tonight, in this body, we demonstrated just passed, the IMPACT Act, is so im- Mr. FRIST. Mr. President, I ask portant is because this trend can be re- the start. Mr. President, I yield the floor and unanimous consent that the order for versed. If we reverse it, we also reverse suggest the absence of a quorum. the quorum call be rescinded. heart disease, lung disease, stroke, var- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without ious types of cancer. That is what this clerk will call the roll. objection, it is so ordered. body should be about. That is what this The assistant legislative clerk pro- Mr. FRIST. Mr. President, I rise to body is about and we demonstrated it ceeded to call the roll. pay tribute and respect to Senator by passing this so-called IMPACT Act Mr. DASCHLE. Mr. President, I ask Paul Simon who, as we know, died ear- that looks at nutrition, looks at phys- unanimous consent that the order for lier today following surgery at the age ical activity, that focuses on young the quorum call be rescinded. of 75. On behalf of the Senate, I do ex- people. We are taking action; we are of- The PRESIDING OFFICER (Mr. FITZ- tend my deepest condolences to the fering solutions. We cannot solve it all GERALD). Without objection, it is so or- Simon family. He was a wonderful with this particular bill, but we show dered. man, a wonderful Senator, always we are addressing identified problems; f thoughtful, always plain spoken, and a we are reversing problems that are ap- man of impeccable integrity. parent in our society. TRIBUTE TO SENATOR PAUL Among his many accomplishments, In this session, the Committee on SIMON Senator Simon was the chief Demo- Health, Education, Labor, and Pen- Mr. DASCHLE. Mr. President, I cratic sponsor of the balanced budget sions unanimously approved the IM- think it is fitting that the distin- amendment. In 1990, his margin of vic- PACT Act, which we just passed in the guished Senator from Illinois is in the tory over the challenger was the high- Senate, the Improved Nutrition and chair. I know Senator FRIST either has est of any contested candidate in the Physical Activity Act. It was intro- or intends to say something about the Nation for Senator or Governor. duced earlier this year by myself with tragic news we just received this after- He authored 15 books. He received 39 Senators BINGAMAN, DODD, and others. noon. honorary degrees. It was just a few

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16101 weeks ago that he came by my office, from all 50 States and the District of We also want to find new and better as he went by many Senators’ offices, Columbia and gave them an oppor- ways to work with schools and with not stopping, not resting at all, but ar- tunity to compare notes about what is education leaders to create first-rate guing for, making the case for a won- happening in their States to strength- citizenship education programs in our derfully innovative program that helps en civic education. Each State team nation’s schools. I know this is an in- expand and express the understanding also adopted a State action plan, which terest that the Senator from South Da- of Americans, of college students, of they will implement before the Second kota shares. people just out of college for events Annual Conference, which will be held I think this first conference provided around the world, to give people the in December 2004, also in Washington. I an excellent start on that goal. I ask opportunity to serve overseas for a pe- have the South Dakota State action unanimous consent to have the State riod of time and then to come back and plan, which I ask unanimous consent action plan for my State of Tennessee share that knowledge and experience. to have printed in the RECORD. printed in the RECORD. The fact that he came by the office— There being no objection, the mate- There being no objection, the mate- and it seems like yesterday; it was sev- rial was ordered to be printed in the rial was ordered to be printed in the eral weeks ago now—and he had his flip RECORD, as follows: RECORD, as follows: charts. One by one, in that sort of f f scholarly, serious, academic way, ex- CIVIC EDUCATION PLAN FOR THE STATE OF CIVIC EDUCATION PLAN FOR THE STATE OF pressing the truth, what he knew would SOUTH DAKOTA TENNESSEE work in a creative and innovative way Members of the South Dakota delegation, ‘‘Civic education should be a central pur- impressed me. Indeed, it should be the who attended the First Annual Conference pose of education essential to the well-being goal of all of us, once we leave this On Civic Education in Washington D.C. in of representative democracy.’’ September 2003, have devised a plan for ana- body, to continue the process, partici- ‘‘Civic education should be seen as a core lyzing and improving civic education in the subject. Well-defined state standards and pating as actively as he demonstrated state. The South Dakota delegation com- several weeks ago. curricular requirements are necessary to en- prised of Glenna Fouberg. President of the sure civic education is taught effectively at He was a champion of the people and, South Dakota State Board of Education, each grade level.’’ indeed, a credit to the United States of Representative Gerry Lange, Jack Lyons, ‘‘Policies that support ‘Quality teacher America. To his family, to his friends, Chair of the South Dakota Humanities Coun- education and professional development’ are to his loved ones, our condolences go cil, Bob Sutton, Executive Director of the important to insure effective classroom in- out to them over the coming days. South Dakota Community Foundation, and struction and raise student achievement.’’ Senator Drue Vitter have planned a con- ‘‘Classroom programs that foster an under- f ference entitled ‘‘Dialogue On Civic Edu- standing of fundamental constitutional prin- THE FIRST ANNUAL CONGRES- cation in South Dakota.’’ This event will ciples through . . . service learning, discus- SIONAL CONFERENCE ON CIVIC take place in the capital building in Pierre sion of current events, or simulations . . . on November 10, 2003. are essential to civic education.’’ EDUCATION A variety of state educators and state ad- Mr. DASCHLE. There is a great, pos- ministrators have been invited to attend the Mr. FRIST. With these four prin- sibly prophetic, story from the end of conference that will focus on a historic over- ciples in mind, the Tennessee delega- the Constitutional Convention in 1789. view of civic education, the current status of tion has made the following Tennessee civic education, state certification require- State Action Plan: For weeks, delegates to the convention ments and teacher preparation, and success- had labored in the Philadelphia heat to Reconvene in Tennessee to discuss further ful programs. Members of the S.D. delegation plans, an early December meeting is planned draft a Constitution. Every day, crowds will act as panelists for the event. Plenty of to include the entire delegation. waited outside Independence Hall for time will be allowed for observations and A follow-up meeting will include each dele- any news of their progress. Finally, a questions from those attending the con- gate bringing ‘‘to the table’’ persons of influ- ference. draft was agreed upon. As Benjamin ence that will help deliver our mission reviv- The S.D. delegation has tentative plans for ing ‘‘Civics in the Classroom.’’ Franklin emerged from the hall, a a follow-up conference to be held in the state Janis Kyser and Rep. Joe Towns will at- woman asked, ‘‘Dr Franklin, what have in either the spring or summer. This event tend a Youth For Justice meeting to help you given us: A monarchy? Or a repub- probably would be held in the Eastern part of with organizing a 501c3 organization to serve lic?’’ Franklin famously replied, ‘‘A re- the state. as a statewide clearing house for LRE serv- public—if you can keep it.’’ The South Dakota delegation hopes to convey to its conference attendees the enthu- ices; Conduct an intensive state-wide LRE Some of our founders would, no survey to determine what is happening, what doubt, be surprised that we have indeed siasm that they encountered at the Wash- ington conference for improving and revital- needs to happen and where are the gaps in managed to keep this republic they izing civic education in the nation and the service; Plan and conduct a Statewide LRE dared to imagine and create more than state. conference. 200 years ago. Tennessee Delegation: Ms. Janis Kyser, Mr. FRIST. I was very pleased to join State Facilitator; Senator Randy McNally, What has enabled the United States the distinguished Senator from South to become the world’s oldest surviving Tennessee State Senate; Representative Dakota, Senator DASCHLE, and our democracy is more than luck. It is Beth Harwell, Tennessee House of Represent- leadership colleagues in the House of atives; Representative Joe Towns, Jr., Ten- more, even, than divine providence. It Representatives in hosting Congress’s nessee House of Representatives; Mr. Rich- is also the result of deliberate work first Civic Education conference. ard Ray, Chairman State School Board; Mr. and effort by generations of Americans On behalf of the entire Senate, I want Bruce Opie, Legislative Liaison, Tennessee to understand and protect the prin- to recognize and thank the cosponsors Department of Education; Dr. Ashley Smith ciples on which our nation was found- of the first conference, the Alliance for Jr., President Tennessee Middle School Asso- ed, and to pass those lessons on, Democracy and its members: the Cen- ciation. undiminished, to future generations. ter for Civic Education, the Center on Mr. DASCHLE. I share the Majority That is the heart of what we mean by the Congress at Indiana University and Leader’s belief that schools are critical ‘‘civic education.’’ the National Conference of State Leg- in this effort. We must do a better job I know the majority leader shares my islatures. of educating our children to be the pro- belief that Congress has an important It is my understanding that there ductive and involved citizens that our role to play in ensuring that civic edu- will be a total of five Congressional democracy, our country, needs. cation in America remains strong and Conferences on Civic Education. These Mr. FRIST. The Senator from South vital and that it reaches all Americans. conferences will enable us to give civic Dakota is correct. There are other im- For that reason, it was an honor for education and civic participation the portant partners as well. both of us, along with many of our col- sustained, national attention they de- Democracy isn’t something that just leagues, to attend the First Annual serve but have not always gotten. happens to us. It’s something each of Congressional Conference on Civic Edu- It is our hope to explore, at these an- us must actively create. Citizenship cation from September 20th to the 22nd nual conferences, the critical role civic gives us rights, but it also gives us re- of this year, in Washington, D.C. education plays in promoting civic par- sponsibilities. Each of us has a respon- The conference brought together edu- ticipation—which is really the life- sibility to understand the great prin- cation and civic leaders and others blood of any democracy. ciples on which our great country was

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16102 CONGRESSIONAL RECORD — SENATE December 9, 2003 founded. Each of us has a responsibility Civic knowledge and engagement are es- negotiate changes to the bill in a bipar- to participate in the process of self- sential to maintaining our representative de- tisan fashion. government. mocracy. While many institutions help to Subsequent to the vote in October, I It is an essential balance: rights and develop Americans’ civic knowledge, skills, joined with three of my colleagues in responsibilities. When we neglect ei- and dispositions, schools must have the ca- sending a letter to the majority leader pacity to prepare students for engaged citi- ther side of that equation, our democ- zenship. Civic education should be a central on November 14, 2003. In that letter, we racy is in trouble. purpose of education essential to the well- reiterated our interest in class action Mr. DASCHLE. I agree with the Sen- being of representative democracy. reform and we outlined several areas ator from Tennessee. It’s not enough Civic education should be seen as a core where we believed revisions to S. 1751 for the principles of our democracy to subject. Well-defined state standards and were in order. be known by only a few. That’s not curricular requirements are necessary to en- In November, Senators LANDRIEU, American democracy. In order to have sure that civic education is taught effec- SCHUMER and I entered into discussions a strong, vibrant democracy, everyone tively at each grade level from kindergarten with Senators FRIST, HATCH, GRASS- through 12th grade. Strengthening the civic has to participate. Everyone has to LEY, KOHL, and CARPER. Those discus- mission of schools must be a shared responsi- know the history and the rules. We all bility of the public and private sectors at the sions have resulted in a compromise need to learn not just names and dates, community, local, state, and national levels. agreed to by our eight offices that I be- but the process of democracy. We also Policies that support quality teacher edu- lieve significantly improves upon S. need to develop new and better ways to cation and professional development are im- 1751. I also ask unanimous consent that keep adults informed and involved in portant to ensure effective classroom in- a summary of the compromise pro- the civic life of their communities and struction and raise student achievement. duced by my office be printed in the of our nation. Well-designed classroom programs that RECORD. Our nation faces grave, new chal- foster an understanding of fundamental con- The PRESIDING OFFICER. Without lenges today. The very real threat of stitutional principles through methods such as service learning, discussion of current objection, it is so ordered. terrorism is forcing us to examine the events, or simulations of democratic proc- (See exhibit 1.) balance between liberty and security. esses and procedures are essential to civic Mr. DODD. Lastly, Mr. President, I How do ‘‘we the people’’ respond to ter- education. want to point out that in my view this rorism? How do ‘‘we the people’’ oper- In recognition of these findings, we resolve is a delicate compromise, which ad- ate in an increasingly global world? In to take action to reaffirm the historic civic dresses the shortcomings of current a world in which we are inundated with mission of our schools. class action practice while at the same information of all kinds, how do we as- Adopted by the Delegates to the First Con- time protecting the right of citizens to sure that people get the information gressional Conference on Civic Education, join with fellow citizens to seek the re- September 22, 2003, in Washington, D.C. they need to make informed decisions dress of grievances in the courts of our about our democracy and our future? f Nation. As I and my colleagues said in These are the kinds of questions that LOCAL LAW ENFORCEMENT ACT our letter of November 14th, it is ‘‘crit- future Congressional Conferences on OF 2003 ical’’ that this agreement ‘‘be honored Civic Education can explore. Mr. SMITH. Mr. President, I wish to as the bill moves forward—both in and Mr. FRIST. My friend is correct. The speak about the need for hate crimes beyond the Senate.’’ challenges and questions our nation legislation. On May 1, 2003, Senator EXHIBIT 1 faces today are different than those KENNEDY and I introduced the Local SUMMARY OF CHANGES TO S. 1751 AS AGREED faced by our founders. But they are, in Law Enforcement Enhancement Act, a TO BY SENATORS FRIST, GRASSLEY, HATCH, KOHL, CARPER, DODD, LANDRIEU, AND SCHU- many ways, just as profound. bill that would add new categories to The great principles of democracy MER current hate crimes law, sending a sig- are what unify us as a people and bind The Compromise Improves Coupon Settle- nal that violence of any kind is unac- us together as a nation. They are what ment Procedures ceptable in our society. gives us the strength to face the chal- S. 1751 would have continued to allow cou- On November 11, 2003, a religious fun- pon settlements even though only a small lenges of a complex world as one peo- damentalist was arrested as a suspect ple. And, as my friend noted, they are percentage of coupons are actually redeemed in an alleged plot to bomb abortion by class members in many cases. what has made it possible for us to pre- clinics and gay bars throughout the The compromise proposal requires that at- serve the miracle of Philadelphia and eastern United States. On the day of torneys fees be based either on (a) the pro- keep our republic for more than two his arrest, the suspect had purchased portionate value of coupons actually redeemed by class members or (b) the hours ac- centuries. gasoline cans, flares, propane tanks I look forward to working with the tually billed in prosecuting the class action. and starter fluids, in addition to pistols distinguished democratic leader and The compromise proposal also adds a provi- and silencers. Thankfully, the suspect with our colleagues in the House lead- sion permitting federal courts to require was arrested before he was able to com- ership to prepare for next year’s con- that settlement agreements provide for char- mit multiple crimes of hate. itable distribution of unclaimed coupon val- ference. I also look forward to working I believe that Government’s first ues. with my fellow Tennesseans to see that duty is to defend its citizens, to defend The Compromise Eliminates the So-Called our State produces an outstanding them against the harms that come out Bounty Prohibition in S. 1751 State action plan before that con- of hate. The Local Law Enforcement S. 1751 would have prevented civil rights ference. and consumer plaintiffs from being com- Mr. DASCHLE. I ask unanimous con- Enhancement Act is a symbol that can become substance. I believe that by pensated for the particular hardships they sent to have printed in the RECORD the endure as a result of initiating and pursuing passing this legislation and changing Conference Statement and join the ma- litigation. jority leader in encouraging all of our current law, we can change hearts and The compromise deletes the so-called colleagues to lend their support to this minds as well. ‘‘bounty provision’’ in S. 1751, thereby allow- Mr. DODD. Mr. President, I rise ing plaintiffs to receive special relief for en- Congressionally-sponsored effort to today to briefly discuss legislation to during special hardships as class members. dramatically improve civic education reform the rules governing class litiga- The Compromise Eliminates the potential and civic participation in America. tion. In October of this year, the ma- for Notification Burden and Confusion There being no objection, the mate- jority leader sought to proceed to the S. 1751 would have created a complicated rial was ordered to be printed in the Class Action Fairness Act, S. 1751. set of unnecessarily burdensome notice re- RECORD, as follows: I joined forty of my colleagues in op- quirements for notice to potential class CONFERENCE STATEMENT—FIRST ANNUAL CON- members. The compromise eliminates this posing the motion to proceed. I said at unnecessary burden and preserves current GRESSIONAL CONFERENCE ON CIVIC EDU- the time that while I supported some CATION federal law related to class notification. reform of class action procedures, I The participants at the First Annual Con- The Compromise Provides for Greater Judi- gressional Conference on Civic Education ac- could not support S. 1751 in its current cial Discretion knowledge that there is an urgent need to form. I also expressed concern about S. 1751 included several factors to be con- address the low level of civic engagement in whether there would be any meaningful sidered by district courts in deciding wheth- America. We recognize that: opportunity for interested Senators to er to exercise jurisdiction over class action

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16103 in which between one-third and two-thirds of claims that have been consolidated solely for great principles of American life. While the proposed class members and all primary pretrial purposes. we share the pride felt by Specialist defendants are citizens of the same state. The Compromise Eliminates the Potential Sissel’s family, we also share their The compromise provides for broader dis- for Abusive Plaintiff Class Removals grief. My deepest sympathy goes out to cretion by authorizing federal courts to consider any ‘‘distinct’’ nexus between (a) the S. 1751 would have changed current law by the members of Specialist Sissel’s fam- forum where the action was brought and (b) allowing any plaintiff class member to re- ily, to his friends, and to all those who the class members, the alleged harm, or the move a case to federal court even if all other have been touched by his untimely defendants. The proposal also limits a class members wanted the case to remain in passing. May his mother, Jo, his father court’s authority to base federal jurisdiction state court. The compromise retains current and stepmother, Kirk and Cindy, his law—allowing individual plaintiffs to opt out on the existence of similar class actions filed sister, Shanna, and his fiancee, Kari in other states by disallowing consideration of class actions, but not allowing them to force entire classes into federal court. Prellwitz, be comforted with the of other cases that are more than three years knowledge that they are in the old. The Compromise Eliminates the Potential thoughts and prayers of many Ameri- The Compromise Expands the Local Class for Abusive Appeals of Remand Orders Action Exception S. 1751 would have allowed defendants to cans, and that they have the eternal seek unlimited appellate review of federal gratitude of an entire nation. S. 1751 established an exception to prevent Specialist Sissel did not die in vain; removal of a class action to federal court court orders remanding cases to state courts. when 2/3 of the plaintiffs are from the state If a defendant requested an appeal, the fed- rather, he died in defense of the Nation where the action was brought and the ‘‘pri- eral courts would have been required to hear he loved and the principles in which he mary defendants’’ are also from that state the appeal and the appeals could have taken believed. Indeed, Specialist Aaron J. (the Feinstein formula). The compromise re- months or even years to complete. ‘‘George’’ Sissel has entered the ranks tains the Feinstein formula and creates a The compromise makes two improvements: of our Nation’s greatest patriots, and (1) grants the federal courts discretion to second exception that allows cases to remain his courage, his dedication, and his sac- in state court if: (1) more than 2/3 of class refuse to hear an appeal if the appeal is not in the interest of justice; (2) Establishes rifice are all testaments to his status members are citizens of the forum state; (2) as a true American hero. there is at least one in-state defendant from tight deadlines for completion of any appeals whom significant relief is sought and who so that no case can be delayed more than 77 SP4 DAVID J. GOLDBERG, U.S. ARMY contributed significantly to the alleged days, unless all parties agree to a longer pe- Mr. HATCH. Mr. President, my heart harm; (3) the principal injuries happened riod. is heavy. Utah has once again given within the state where the action was filed; The Compromise Preserves the Rulemaking one of her sons to the cause of liberty. and (4) no other class action asserting the Authority of Supreme Court and Judicial Any loss of our fine young men or same or similar factual allegations against Conference women is a tragedy. However, I believe any of the defendants on behalf of the same The compromise clarifies that nothing in this is particularly so with the loss of or other persons has been filed during the the bill restricts the authority of the Judi- SP4 David J. Goldberg. He was a fine preceding three years. cial Conference and Supreme Court to imple- young man, loved dearly by his parents The Compromise Creates a Bright Line for ment new rules relating to class actions. Determining Class Composition and wife. Though of a young age, he The Compromise is Not Retroactive had already accepted the responsibil- S. 1751 was silent on when class composi- Unlike the House Bill, the compromise will tion could be measured and arguably would ities of a man and had volunteered to not retroactively change the rules governing serve his Nation during a time of war. have allowed class composition to be chal- jurisdiction over class actions. lenged at any time during the life of the This sense of responsibility, especially case. The compromise clarifies that citizen- f to his fellow soldiers, was one of the ship of proposed class members is to be de- HONORING OUR ARMED FORCES defining characteristics of his life. I termined on the date plaintiffs filed the have learned from the many who knew original complaint, or if there is no federal TRIBUTE TO SPECIALIST AARON J. SISSEL him and loved him that the specialist jurisdiction over the first complaint, when Mr. GRASSLEY. Mr. President, I rise was always there for his fellow sol- plaintiffs serve an amended complaint or today to pay tribute to a fellow Iowan diers, frequently volunteering for extra other paper indicating the existence of fed- and a great patriot, Iowa National eral jurisdiction. assignments when others were not Guard Specialist Aaron J. ‘‘George’’ The Compromise Eliminates the ‘‘Merry-Go- available. He will be greatly missed. Round’’ Problem Sissel. Specialist Sissel gave his life in And so, another name has been added service to his country on November 29, S. 1751 would have required federal courts to Utah’s List of Honor: SP4 David J. to dismiss class actions if the court deter- 2003 in support of Operation Iraqi Free- Goldberg. He joins an illustrious list mined that the case did not meet Rule 23 re- dom when the convoy in which he was that includes CPT Nathan S. Dalley, quirements. The compromise eliminates the traveling came under enemy fire. This West Point graduate and a member of dismissal requirement, giving federal courts brave young man was only 22 years old the Army’s 1st Armored Division, SSG discretion to handle Rule 23-ineligible cases at the time of his death. James W. Cawley, U.S. Marine Corps appropriately. Potentially meritorious suits I ask my colleagues in the Senate, Reserve; SSG Nino D. Livaudais of the will thus not be automatically dismissed my fellow Iowans, and all Americans to Army’s Ranger Regiment; Randall S. simply because they fail to comply with the join me today in paying tribute to Spe- class certification requirements of Rule 23. Rehn, of the Army’s 3rd Infantry Divi- cialist Sissel for his dedication to the The Compromise Improve Treatment of Mass sion; SGT Mason D. Whetstone of the Actions cause of freedom and for his sacrifice U.S. Army and former Special Forces in defense of the liberties we all so S. 1751 would have treated all mass actions soldier Brett Thorpe. involving over 100 claimants as if they were dearly prize. He selflessly served his Their names and the service they class actions. The compromise makes several Nation, sacrificing his life for the great performed is something that I shall changes to treat mass actions more like indi- principles that underpin both our way never forget. I shall always honor them vidual cases than like class actions when ap- of life and the hopes and dreams of all and their families. propriate. humankind—the principles of liberty, CPT NATHAN S. DALLEY, U.S. ARMY The compromise changes the jurisdictional justice, and equality. In a statement Mr. President, on November 17, God amount requirement. Federal jurisdiction released following his death, Specialist called home one of our best and bright- shall only exist over those persons whose claims satisfy the normal diversity jurisdic- Sissel’s family offered the following est, CPT Nathan S. Dalley. At the tional amount requirement for individual ac- words about their son and brother: young age of 27, Captain Dalley entered tions under current law (presently $75,000). ‘‘Aaron ’George’ died doing what he the hallowed list of those sons and The compromise expands the ‘‘single sud- loved and believed in. We are very daughters of Utah who have given their den accident’’ exception so that federal juris- proud of him.’’ lives for their country. diction shall not exist over mass actions in We can all be very proud of men like Captain Dalley epitomized what a which all claims arise from any ‘‘event or oc- Specialist Sissel. Our Nation’s history soldier should be: a born leader, mind- currence’’ that happened in the state where is distinguished by the presence of ex- ful of his responsibilities, and eager to the action was filed and that allegedly resulted in injuries in that state or in a contig- traordinary men and women willing to help and encourage others. He was ex- uous state. The proposal also added a provi- risk their lives in defense of our coun- ceptional in many ways, yet a decent sion clarifying that there is no federal juris- try, but also by families who sacrifice man that treated everyone with re- diction under the mass action provision for those they love for the sake of the spect. You see, I had the honor of

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16104 CONGRESSIONAL RECORD — SENATE December 9, 2003 knowing Captain Dalley. I was proud to emerged and were exploited. While I of pharmaceutical products, I would nominate him to the United States would have preferred a more com- also hope that my colleagues and the Naval Academy; however, he decided to prehensive reexamination of the stat- public will examine the full com- pursue his career in public service with ute with the goal of assessing how the plement of incentives that Senator the Army and attended West Point. It law might be changed to facilitate new LIEBERMAN and I have included in our should also be noted that he was also biomedical research and how best to bi-partisan bioterrorism bill, S. 666. accepted to the Air Force Academy; re- disseminate the fruits of this research These incentives, which include day-to- markable achievements by any stand- to the public in a quick and fair fash- day patent term restoration and a har- ard. ion, the amendments made to Hatch- monization of the marketing exclu- While preparing these remarks, I Waxman made under the leadership of sivity period to the 10-year term em- went through my files and found these Senators GREGG, SCHUMER, MCCAIN, ployed by the EU and Japan, will be words from this young man’s Advanced KENNEDY, COLLINS, and EDWARDS are helpful for the development of counter- Placement History teacher, who wrote very significant. measures to bioterrorist attacks and a nomination recommendation: It has been my position for some they should also be carefully consid- As impressive as [Nathan Dalley’s] aca- time that once the Congress adopts and ered with respect to developing new demic qualities are, I find his personal quali- the President signs, as he did yester- vaccines, diagnostics, and preventive ties to be even more impressive . . . His day, Medicare reform legislation that and therapeutic agents for a host of kindness and friendliness to everyone set includes a prescription drug benefit, other diseases and conditions. him apart in the classroom, and in the larger pressure will grow on Congress and the With respect to the patent challenge school setting. In my class he was a remark- Food and Drug Administration to find provisions of the Medicare bill, I want ably effective cooperative learner and peer especially to commend the efforts of tutor. Nate understands that his contribu- new ways to bring new biotechnology products to the public when the pat- Senator GREGG, Chairman of the HELP tions to the community as a whole are as im- Committee and the Majority Leader, portant as his personal academic success, ents expire. The Center for Medicare and I have every confidence that he will be and Medicaid Services will be com- Senator FRIST, for working so hard to successful in his future pursuits. pelled to look for ways to economize on improve this legislation. There can be Captain Dalley not only met these the purchase of drugs and it seems no doubt that the bill the President high expectations, but exceeded them. likely to me that the Department of signed yesterday is a big improvement To his mother, his sisters and his Health and Human Services will have compared with the McCain-Schumer fiancee, I would like to say that, al- to explore regulatory measures that bill of last year, S. 812, that passed the though I have no words to minimize can produce saving. The Commissioner Senate. I must also commend my colleagues your grief, I hope there is some com- of Food and Drugs, Dr. Mark McClel- in the House including, Commerce fort in knowing that all who knew your lan, has indicated a willingness to ex- Committee Chairman BILLY TAUZIN, son respected him and knew him to be amine this issue. Few, if any, of my Commerce Committee Ranking Demo- a good friend. colleagues in Congress have to date crat JOHN DINGELL, and my colleagues I will never forget Nathan Dalley or joined in the discussion surrounding from the House Judiciary Committee, the others from Utah’s list of honor. whether and, if so, how to create a fast Chairman JIM SENSENBRENNER and Their sacrifice will make a difference, track approval system for biologic Ranking Democrat JOHN CONYERS, and products, but I believe the bill signed their will be freedom in Iraq, and those Intellectual Property Subcommittee who would destroy liberty will be into law yesterday will encourage this Chairman LAMAR SMITH for their help debate. I welcome this debate and rec- brought to justice. So today we add in vastly improving the Gregg-Schu- ognize that very important public CPT Nathan S. Dalley to this illus- mer-Kennedy amendments that passed trious list that includes SSG James W. health matters are at its heart. As the Senate by a 94–1 vote this summer. Cawley, United States Marine Corps well, retaining America’s worldwide As the sole dissenter in the Senate, I Reserve; SSG Nino D. Livaudais of the leadership in biomedical research is at am pleased the conferees were able to Army’s Ranger Regiment; Randall S. stake whenever we consider legislation work in a bipartisan, bicameral spirit Rehn, of the Army’s 3rd Infantry Divi- that affects pharmaceutical related in- to correct the constitutional flaw in sion; SGT Mason D. Whetstone of the tellectual property. the Senate-passed bill. I commend the United States Army; SP4 David J. We must proceed carefully but we Department of Justice for its work Goldberg of the Utah-based 395th Fi- must proceed. Critical to the success of that helped dislodge the unconstitu- nance Battalion, Army Reserve and this debate is a need to observe the tional ‘‘actual controversy’’ language former Special Forces soldier Brett principle of balance contained in the from the declaratory judgment provi- Thorpe. original 1984 law so that both research sion of the bill. We will honor them always and stand based firms and generic firms receive I am also pleased that the conferees fast behind their families. new incentives that will allow them to decided to reject the provision of the f continue to produce and distribute the Senate bill that would have resulted in products that the American public de- the so-called parking of exclusivity in PATENT CHALLENGE PROVISIONS serves. OF THE MEDICARE REFORM BILL cases in which a generic challenger As more and more biological prod- could show that the patents held by a Mr. HATCH. Mr. President, I rise to ucts come to the market, the pressures pioneer drug firm were not infringed or make a few comments about the his- on the Federal Government, State gov- were invalid. In order to give an incen- toric Medicare legislation that Presi- ernments, private insurers, and private tive for vigorous patent challenges, the dent Bush signed into law yesterday. citizens to pay for these products will 1984 law granted a 180-day head start I will center my remarks today on result in considerable pressure to cre- over other generic drug firms when the the provisions of the bill that amend ate a fast track FDA approval system pioneer firm’s patents failed or were the Drug Price Competition and Patent for off-patent biological products. Such simply not infringed. As I will explain Term Restoration Act of 1984. I am a a mechanism was not discussed in the in some detail, I think there may be a coauthor of the 1984 law and it is of 1984 negotiations that resulted in way to improve this language further particular interest to me. This law, Hatch-Waxman largely because the and to save consumers a considerable often referred to as the Waxman-Hatch biotechnology was still in its infancy. sum of money in the process. Act or Hatch Waxman, is of great im- This is not the case today. Few, if any, The 180-day marketing exclusivity portance to my fellow Utahns and the of my colleagues in Congress have to rules were first enacted as part of the rest of the American public as it saves date joined the discussion surrounding Waxman-Hatch Act. The policy behind an estimated $8 to $10 billion for con- creating a fast track approval for off- these provisions is to benefit the public sumers each year. patent follow-on biologic products, but by creating an atmosphere that ensure Over the past 2 years, the Senate has I believe the new law signed yesterday vigorous challenges of the patents held spent considerable time and effort de- will encourage this debate. by innovator drug firms. bating refinements to the 1984 law de- As part of an appraisal of the laws re- The intent of this section of the 1984 signed to close some loopholes that lating to the development and approval law was to award the 180-day head start

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16105 to the first successful challenger of a the potentially very lucrative 180-days this policy. Unfortunately, nor was pioneer firm’s patents. Unfortunately, of exclusivity down the road. there agreement to change the lan- we drafters of the statute employed I welcome and expect that day will guage to at least clarify that the subse- language that has been interpreted by come when Congress will reexamine quent challenger’s success was at least the courts to grant the 180-days of ex- the whole rationale and operation of a forfeiture event or, preferable from clusivity to the first generic drug ap- the 180-day marketing exclusivity pro- my perspective, would result in the plicant to file an application with the visions. The day will come when the granting of the 180-days to the success- FDA that challenges the patents. Congress will be forced to confront the ful challenger in a patent invalidity I must say that in most cases the incongruity in the statute, pointed out challenge rather than benefitting the first filer and first successful applicant by my friend and skilled patent-chal- fastest paper shuffler. was the same applicant. But I believe lenging lawyer and philanthropist, Al This is bad policy. that the line of court decisions that in- Engelberg, is awarding 180 days both Finally, I must unfortunately report clude the Mova and Granutec cases has for a successful invalidity challenge to my colleagues that the new statute resulted in the establishment of a first and an non-infringement action. The retains the Gregg-Schumer-Kennedy filer regime that is not without unin- former, a finding of invalidity, accrues provision that may cost the Federal tended consequences and perverse in- to all generic firms while the latter government, according to the CONGRES- centives. The mismatch between the benefits only the specific non-infringer. SIONAL BUDGET OFFICE, $700 million rights accorded to the first applicants This is a distinction with a difference over the next 10 years. Moreover, it is and first successful challenger contrib- in a sector of the economy where a my understanding that the total cost uted to an atmosphere in which anti- whole cottage industry has grown up of this provision to consumers over the competitive agreements were entered fueled in large part by non-infringe- next 10 years could exceed $3 billion. At issue are the sections of the bill into between certain pioneer and ge- ment suits to non-basic patents. It is that essentially give the first filer an neric drug firms. less than clear that the public benefits I am pleased that the Medicare re- as much as it can or should under the exclusive right to the potential 180-day form bill signed into law yesterday present system which is left largely in marketing exclusivity until its case is decided at the appellate court level. contained Senator LEAHY’s Drug Com- place by the new bill language. This The question arises of what happens if petition Act, which is designed to in- issues deserves further discussion. a subsequent filer is not sued by the crease enforcement of longstanding Nevertheless, I am pleased that the pioneer firm and is ready, willing and provisions of antitrust law that pre- Senate language that allowed long- term parking of exclusivity was modi- able to go to market but for waiting vent anti-consumer agreements. The fied in an important way by the con- for the disposition of the first filer’s 2002 FTC study, ‘‘Generic Drug Entry ferees. I want to commend the FDA challenge in the appellate court? If the Prior to Patent Expiration,’’ catalogs and especially the Chief Counsel for first filer prevails in the appellate the agency’s actions in this arena in- Food and Drugs, Mr. Dan Troy, and the court, it will receive the 180-days of excluding such cases as those involving soon-to-be betrothed Associate Com- clusive marketing even though one or Hoescht and Andryx and Abbott and missioner for Legislative Affairs, Mr. more subsequent filers were ready, Geneva. willing, and able to go to the market I am also pleased that the Senate Amit Sachdev, for their contributions in this area. long before the first filer’s challenge language prevailed on Senator LEAHY’s Having now commended the adminis- was resolved. Drug Competition Act so that poten- tration for helping to improve materi- I would also note the FTC study doc- tially anticompetitive agreements be- ally the Senate version of the 180-day uments that when the first filer wins in tween research-based and generic drug provisions, I must also unfortunately the district court, they almost always firms will be reported to both the De- report to my colleagues in the Senate prevail on appeal. The FTC opposed re- partment of Justice and the Federal and to the American public that we instating the earlier policy of the ap- Trade Commission. I worked exten- have not accomplished as much as pos- pellate court trigger because it be- sively with Senator LEAHY on his bill sible with respect to the 180-day provi- lieves that, on average, consumers will in the 107th Congress and took the sions. lose out while generic firms get an lead, with his cosponsor, Senator First off, I continue to believe that it extra measure of certainty. GRASSLEY, in convincing the House is both unfair and ill-advised to retain In any event, subsequent to the Judi- conferees of the wisdom of the Senate’s the bill language that does not reward ciary Committee hearing in August dual reporting requirement. a non-first-filer to gain the 180-days and throughout the fall as the con- So, the conferees made a number of marketing exclusivity in the case, ference committee met, I was involved important improvements to provisions which will admittedly be rare, in which in participating and facilitating discus- of the legislation affecting challenges the subsequent filer prevails on a pat- sions designed to craft language to to drug patents. At our August 1, 2003, ent invalidity challenge. I am told that close this new loophole sanctioned by Judiciary Committee hearing, both the conferee staff first thought that the the Gregg-Schumer-Kennedy language FDA and FTC expressed reservations provision as drafted, and now signed as well as to make a few other clari- about some elements of the Senate into law, would result in a subsequent fications to the parking language. Spe- bill’s rules pertaining to the 180-day filer’s successful invalidity challenge cifically, I preferred statutory lan- marketing provision. The Administra- forfeiting the first filer’s 180 days of guage that would automatically con- tion, correctly in my view, took excep- marketing exclusivity. Although the vert unsuccessful Paragraph IV inva- tion to the provisions in the Senate bill successful challenger does not get the lidity/noninfringement challenges to that would have allowed a sue now/use 180-day head start, at least under this standard Paragraph III—‘‘the patents the exclusivity later—and perhaps reading, the subsequent successful expire on’’—applications. FDA believes years later at that—policy on mar- challenger is not penalized with respect it can accomplish this by rule or guide- keting exclusivity. to market entry. Upon further scrutiny line, but the courts have not been kind At the August 1st hearing, Mr. Rob- of the statutory language, it is my un- to FDA rulemaking with respect to ert Armitage, General Counsel of the derstanding that in such circumstances Hatch-Waxman in recent years. Eli Lilly Company, presented compel- the language may actually work to While I am mindful that the forces ling testimony on the matter of ‘‘park- grant the 180-days of marketing exclu- behind the first filer system of chal- ing’’ or delaying, the use of the 180-day sivity to the first filer, so that the suc- lenge have won the day in this legisla- exclusivity until the basic patents ex- cessful subsequent challenger not only tion, I think in the circumstance when pire. The question confronting policy- does not get the 180-day benefit, but ac- the subsequent challenger has not been makers centered on the wisdom of re- tually receives a 180-day penalty for in- sued, and may have even been issued a taining the Gregg-Schumer-Kennedy validating the patent. covenant not to be sued by the pioneer provision that would have encouraged If this is the correct way to read the firm, that the first filer should at least very early lawsuits by those with, for statute, the law should be changed. forfeit its 180 days if it is not prepared examples, noninfringing formulations I am told that the staff of any con- to go to market in the 75-day grace pe- of the pioneer product, in order to gain feree nor the FDA strongly defended riod the new provision creates. This is

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16106 CONGRESSIONAL RECORD — SENATE December 9, 2003 good for the consumer and sound policy MCCAIN, and FRIST have worked hard ‘‘(ii) The patent that is the subject of the since the rationale behind the 180-day to improve the patent challenge provi- certification expires. provision is to create an incentive for sions of current law and all deserve our ‘‘(iii) A court enters a final decision from challenges to the pioneer’s patents, not thanks. which no appeal (other than a petition to the I am very proud of the Drug Price Supreme Court for a writ of certiorari) has to create an entitlement to the first been or can be taken that the patent that is applicant to file a patent challenge Competition and Patent Term Restora- the subject of the certification is infringed with the FDA in the Parklawn Build- tion Act, which has done so much to by the product at issue in the application ing. It seems to me that the first time help consumers have access to more af- submitted by the applicant, or a court signs that a blockbuster product is kept off fordable medications. a settlement order or consent decree that en- the market, perhaps for over a year, The underpinning of this great con- ters a final judgment and includes a finding due to the application of this new law sumer measure is a very complex, legal that the patent that is the subject of the cer- and there is a second generic ready, framework. Any changes to the law tification is infringed by the product at issue must be carefully scrutinized to assure in the application submitted by the appli- able and willing to go to market, there cant and, in addition, the patent that is the will be a great public clamor, as there they achieve their intended effect. subject of the certification is not found to be should be. I plan to monitor very carefully the invalid or unenforceable in the final decision At one point, I thought I was close to implementation of the first, substan- or the final judgment.’’. agreeing to language with Senator tial Waxman-Hatch amendments in al- (b) FAILURE TO MARKET.—Section 505(j)(5) KENNEDY and others to close this new most two decades and intend to work of the Federal Food, Drug, and Cosmetic Act loophole. Unfortunately, we did not with my colleagues to make certain (21 U.S.C. 355(j)(5)) (as amended by section reach agreement and since this was a they achieve their intended purpose. 1102(a)(1) of the Medicare Prescription Drug, part of the legislation in which the I welcome the views of any interested Improvement, and Modernization Act of 2003) Senate and House language was vir- parties who wish to comment on this is amended tually identical, it is understandable discussion draft, as well as other imple- (1) in subparagraph (B)(iv)— (A) in subclause (I), by inserting after ‘‘cer- the conferees concentrated their ef- mentation issues that the Congress should consider. tification,’’ the following: ‘‘is thereafter per- forts on those many provisions in mitted to maintain such a certification, and which there were substantial dif- At the same time, I think there are has thereafter maintained such a certifi- ferences. On the very last days before broader issues here it behooves the cation with respect to a patent for which the conference report was completed, Congress to consider. These include the such a certification was submitted by the Senator SCHUMER and I also came close issue of follow-on biologics as well as first applicant on the first applicant date,’’; to closing this newly created loophole, whether the law today contains the ap- and but time ran out on this effort. propriate incentives, including intel- (B) in subclause (II)— (i) by redesignating items (cc) and (dd) as Let me just say I am mindful that lectual property incentives, for pharmaceutical research and development items (dd) and (ee), respectively; and the politics and financial interests (ii) by striking item (bb) and inserting the with respect to this issue among those in light of the fact that science appears following: in both the research-based firms and to be moving away from an era of large ‘‘(bb) FIRST APPLICANT.—The term ‘first ap- generic drug companies are a very sen- patient population, small-molecule plicant’ means an applicant that submits on sitive matter. I also recognize it will be medicine to small patient-population, the first applicant date a substantially com- exceedingly difficult to reopen these large biological molecule therapies. plete application for approval of the drug provisions now that the President has Mr. President, I ask unanimous con- that contains the certification described in sent that the draft be printed in the paragraph (2)(A)(vii)(IV) with respect to a signed the bill into law. Nevertheless, I patent for which information was filed under think we got this aspect wrong and we RECORD. There being no objection, the mate- subsection (b) or (c) and is thereafter per- should try to fix it. I pledge to con- mitted to maintain and has thereafter main- tinue to work with Senator GREGG, rial was ordered to be printed in the tained the certification described in para- MCCAIN, SCHUMER, KENNEDY as well as RECORD, as follows: graph (2)(A)(vii)(IV) with respect to the pat- Representatives TAUZIN, DINGELL, SEN- S. 812 ent. SENBRENNER, SMITH, and CONYERS and Be it enacted by the Senate and House of Rep- ‘‘(cc) FIRST APPLICANT DATE.—The term other interested members of Congress resentatives of the United States of America in ‘first applicant date’ means the first day on which a substantially complete application and other affected parties to fix this Congress assembled, SECTION 1. FORFEITURE OF 180-DAY EXCLU- is submitted for approval of a drug con- problem before consumers have to pay SIVITY PERIOD. taining the certification described in para- for this ill-advised policy. (a) MAINTENANCE OF CERTIFICATION THAT graph (2)(A)(vii)(IV) with respect to a patent In the interest of moving this issue PATENT IS INVALID OR WILL NOT BE IN- for which information was filed under sub- along in a constructive fashion, I have FRINGED.—Section 505(j)(2) of the Federal section (b) or (c)’’; and developed a discussion draft that Food, Drug, and Cosmetic Act (21 U.S.C. (2) in subparagraph (D), by striking sub- emerged out of my discussions with 355(j)(2)) (as amended by section 1101(a)(1)(B) clause (I) and inserting the following: Senator KENNEDY and others that ad- of the Medicare Prescription Drug, Improve- ‘‘(I) FAILURE TO MARKET.— dresses these issues. Frankly, much of ment, and Modernization Act of 2003) is ‘‘(aa) IN GENERAL.—Except as provided in amended by adding at the end the following: item (bb), a first applicant fails to market this draft reflects refinements to a ‘‘(E) MAINTENANCE OF CERTIFICATION THAT the drug by the earlier of the date that is— draft that Senator KENNEDY prepared PATENT IS INVALID OR WILL NOT BE IN- ‘‘(AA) 75 days after the date on which the in part as a response to a draft pre- FRINGED.—An applicant shall not be per- approval of the application of the first appli- pared largely by several private sector mitted to maintain a certification under cant is made effective under subparagraph parties earlier this year that I sub- subparagraph (A)(vii)(IV) with respect to a (B)(iii); or mitted to the Medicare conferees for patent as of the date on which any of the fol- ‘‘(BB) 30 months after the date of submis- their consideration. It is my under- lowing occurs: sion of the application of the first applicant; standing that the administration does ‘‘(i) The Secretary notifies the applicant ‘‘(bb) EXCEPTION.—If the first applicant has that the Secretary has granted and made ef- on the first application date submitted the not oppose this language but, unfortu- fective a request by the holder of the appli- certification described in paragraph nately, neither did it support this ap- cation approved under subsection (b) to with- (2)(A)(vii)(IV) with respect to a patent, and proach due, in some measure, to the draw the patent that is the subject of the the first applicant is thereafter permitted to fact that it was not anxious to open certification or the information with respect maintain and has thereafter maintained the new issues in the already complex to the patent is otherwise no longer con- certification with respect to the patent, the Medicare conference. tained in the application approved under forfeiture under this subclause shall not take Although they both opposed the un- subsection (b), except that no request to effect before the date that is 75 days after derlying Medicare reform bill, I com- withdraw the patent, if based on a court de- the date on which any of the following oc- cision or court judgment with respect to the curs with respect to the patent: mend my colleagues, Senators KEN- patent, shall be made effective for at least 75 ‘‘(AA) In an infringement action brought NEDY and SCHUMER for their interest in days after the court decision or court judg- against the first applicant or any other ap- improving this particular aspect of the ment and shall not be made effective during plicant (which other applicant has obtained legislation. the 180-day exclusivity period of the appli- tentative approval) with respect to the pat- In closing, let me say again that Sen- cant if the exclusivity period commences ent or in a declaratory judgment action ators GREGG, KENNEDY, SCHUMER, during the 75-day period. brought by the first applicant or any other

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16107 applicant (which other applicant has ob- many as 2 million women and children designations will be placed in a Tier II tained tentative approval) with respect to into sex and slave bondage. As such, Special Watch List category and their the patent, a court enters a final decision this act will give needed tools to Presi- performance in eliminating trafficking from which no appeal (other than a petition dent Bush, and to all future Presidents, will be subject to special scrutiny, and to the Supreme Court for a writ of certiorari) has been or can be taken that the pat- to take on the world’s trafficking ma- the issuance of a special February 1 ent is invalid or not infringed (including any fias and to protect the traffickers’ vic- progress report and designation evalua- dismissal for lack of subject matter jurisdic- tims. It will thus also greatly facilitate tion. Thus, the Special Watch List cat- tion as a result of a representation of the the pledge made by President Bush in egory will maintain strong pressure on patent owner, and any other person with the his United Nations speech of Sep- countries that may ‘‘almost but not right to enforce the patent, that the patent tember 23 to make the war against quite’’ merit a sanctions-bearing Tier will not be infringed by, or will not be en- trafficking a major commitment of his III designation, and will permit clear forced against, the product of the applicant). administration. differentiation between those countries ‘‘(BB) In an infringement action or a de- But I am pleased and deeply honored claratory judgment action described in and others placed on Tier II because subitem (AA), a court signs a settlement to bring this bill before my colleagues they have not met the very high stand- order or consent decree that enters a final for yet another reason—one that I ards required for Tier I designations. know will resonate with every Member judgment and includes a finding that the Three points should be made in con- of this body. Both in spirit and sub- patent is invalid or not infringed. nection with the act’s Special Watch ‘‘(CC) The Secretary notifies the first ap- stance, the measure now before the List category. First, countries other- plicant that a certification has been received Senate captures the hopes and the wise meriting Tier III designation but by the Secretary from another applicant ideals of Paul and Sheila Wellstone, placed on the Tier II Special Watch that had obtained tentative approval and without whose passion and commit- was eligible as of the date of the certifi- List because they have made section ment no U.S. anti-trafficking initiative cation to receive final approval, but for 180- (e)(3)(A)(iii)(III) ‘‘commitments . . . to against worldwide sex and slave traf- day exclusivity period, stating that the 45- take additional future steps over the ficking would have been possible. It is day period referred to in subparagraph next year’’ should only avoid Tier III one of my greatest sources of satisfac- (B)(iii) had ended without a civil action for designation under extraordinary cir- patent infringement having been brought tion and fulfillment as a member of cumstances, and only where they are against such other applicant and, in addi- this body to have worked with Paul engaged in implementing important tion, such other applicant had received from and with Sheila to sponsor the Traf- and curative steps likely to be rapidly the patent owner (and from and any other ficking Victims Protection Act of 2000. person with the right to enforce the patent) completed. Next, the provisions of sec- In doing so, I and others were regularly a written representation that the patent will tion (e)(3)(A)(iii)(II) that authorize inspired by these two friends to go the not be infringed by the commercial manufac- Special Watch List treatment of coun- extra mile for the bill. After our first ture, use, offer for sale, or sale of the product tries that have failed to engage in in- Foreign Relations Committee hearing at issue in the application submitted by such creased efforts to limit trafficking, other applicant, or will not be enforced on the bill, Paul remarked that the vic- prosecute traffickers and protect traf- against the commercial manufacture, use, tims who testified on behalf of the bill ficking victims should not be construed offer for sale, or sale of the product at issue had produced his most moving experi- to automatically bar Tier II designa- in the application submitted by such other ence as a Senator. This says much applicant.’’. tions when such efforts have not been about the man Paul was, and about the øAlternative language for (CC)—equivalent made. Finally, to address a matter of manner in which his and Sheila’s prior- treatment to (AA) and (BB).¿ legitimate concern to the State De- ø ities were always directed on behalf of ‘‘(CC) The Secretary notifies all appli- partment, the act’s mandate that spe- cants that, after the forty-five day period re- abused, vulnerable, and powerless vic- cial Feburary 1 reports are to be issued ferred to in subparagraph (B)(iii) has expired tims. for all Special Watch List countries without a civil action for patent infringe- We honor Paul and Shelia today by needs to be understood in terms of our ment having been brought against the first taking up this bill. As pleased as they intention that only countries on the applicant or against any other applicant would be by that gesture, it would be a that has obtained tentative approval, that Tier II-Tier III cusp are to be the sub- much more meaningful tribute if we applicant has certified to the Secretary that jects of full and complete reports. Fi- are able to pass the Trafficking Vic- that applicant has received from the patent nally, as an overall matter, it should tims Protection Reauthorization Act, owner (and from and any other person with be made clear that failure to be placed the right to enforce the patent) a written for there are a number of vital, on the Tier II Special Watch List will representation that the patent will not be in- strengthening provisions in the act not bar a country from being placed on fringed by the commercial manufacture, use, that will greatly improve the fight Tier II in the following year. offer for sale, or sale of the product at issue against trafficking. in the application submitted by that appli- First, the Director of the State De- A third major category of change es- cant, or will not be enforced against the partment Office to Combat and Mon- tablished by the act involves the estab- commercial manufacture, use, offer for sale, lishment of additional ‘‘minimum or sale of the product at issue in the applica- itor Trafficking in Persons has been tion submitted by that applicant.¿ raised to ambassadorial rank. This step standards’’ criteria for determining ap- will elevate the status of the office pre- propriate tier designations. First, the f cisely as it will befit its present incum- reauthorization makes clear that coun- THE TVPA REAUTHORIZATION bent. John Miller, a former House tries may not escape more severe tier Mr. BROWNBACK. Mr. President, I Member known to many of us, is an designations if they fail to keep mean- am pleased to report the success of a able, respected, committed, and moral ingful records of what they have done bipartisan effort in which Senators, man who is now the Federal Govern- to investigate, prosecute, convict and Members of the House, their key staff ment’s chief antislavery and otherwise monitor their performance aides and a broad variety of religious antitrafficking official. He has served in the war against trafficking. Next, and human rights groups have engaged. as head of the TIP Office with great ef- the reauthorization establishes an ‘‘ap- This effort has produced a greatly fectiveness and skill, and I am con- preciable progress’’ standard evalu- strengthened Trafficking Victims Pro- fident that, as Ambassador Miller, he ating a country’s performance—a tection Reauthorization Act which has will continue to do so. standard not intended to exculpate passed the House, and which it is my Next, the reauthorization act re- countries still significantly complicit honor to bring to the Senate floor. I solves one of the original act’s greatest in trafficking activities, but to ensure am pleased to note that my colleague, operational failings by ensuring that that countries failing to make measur- the distinguished Senator from New ‘‘Tier II’’ designations—given to coun- able progress on a year-to-year basis York, Mr. SCHUMER, has joined me in ties that neither satisfy the act’s high will be negatively affected. In other cosponsoring this important legisla- standards for anti-trafficking perform- words, the reauthorization establishes tion. The act will greatly strengthen ance nor clearly merit the act’s auto- a bottom-line ‘‘performance standard’’ America’s hand in combating the slav- matic sanctions—will not become an to supplement the original act’s ‘‘effort ery issue and the women’s issue of our overbroad catchill category. Under the standards.’’ Next, and critically, the time—the annual trafficking of as act, countries on the cusp of Tier III reauthorization adds a standard based

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16108 CONGRESSIONAL RECORD — SENATE December 9, 2003 on the percentage of noncitizen traf- up of such members as TIP Office Di- enslavement of African men and ficking victims. This provision was rector John Miller, Deputy HHS Sec- women. If we do it right, the Traf- added to permit the Trafficking Office retary Claude Allen, Assistant Attor- ficking Victims Protection Act will be to employ critical and needed stand- ney General for Legal Policy Dan Bry- seen by generations to come to have ards to evaluate the antitrafficking ant, Assistant AID Administrator for met the high standards of William Wil- performance of countries that have le- Eastern Europe and Russia Kent Hill. berforce and the Free Kansas activists. gitimized prostitution. Simply put, The committee meets on a regular If we do it right, we will have created this provision both allows and man- basis and has produced an extraor- a true monument to the memory of dates the Trafficking Office to cut dinary consensus, government-wide Paul and Sheila Wellstone. This act through dubious claims by legalizing grant policy directive. Thus, the Senior makes this possible. I urge my col- countries that they are providing Policy Operating Group, including its leagues to pass it. meaningful protections to their so- chairman, John Miller, can and must f called ‘‘sex workers.’’ perform the function intended for it by CONSOLIDATED APPROPRIATIONS A final point with regard to the act’s Congress: to be the sole and account- ACT, 2004 minimum standards criteria for deter- able body responsible for coordinating mining countries’ tier status: It is the Federal anti-trafficking policies, Mr. NICKLES. Mr. President, I take clear intent of the Congress, and there grants and grant policies. Having said this opportunity to provide an initial should be no mistake about this, that this, it should be noted that the coordi- report on the budgetary effect of the compliance with one or a few of the cri- nating responsibilities of the Senior conference report to accompany H.R. teria does not, must not, lead to auto- Policy Operating Group are not in- 2673, the Consolidated Appropriations matic designation as a Tier I country. tended to supercede the decision- Act for 2004, otherwise referred to as Likewise, compliance with one or a few making authority of the constituent the omnibus appropriation bill. of the criteria shall not, must not, in members of the Task Force to Monitor While I will share scoring on these and of inself shield countries from Tier and Combat Trafficking in Persons, to individual bills compared to each subcommittee’s 302(b) allocation during III designation. The designation proc- whom operating group members con- later debate, allow me to summarize ess is intended to be one of judgment tinue to report. where this bill stands relative to the and balance; and is not formulaic ex- Finally, as should be clear from the 2004 budget resolution as it applies in cept to the intent of creating a pre- language of the act, but as is also the Senate. worth unmistakably establishing, Con- sumption that Tier I status should Combined with the other six appro- only be granted to countries that com- gress did not intend that the designa- priation bills already enacted for 2004 ply with all of the minimum standards tion of grants and/or policies as being as well as the 2004 Iraq supplemental, criteria. Countries that deliberately for ‘‘public health’’ or like purposes this conference report would set total and grossly violate ‘‘only some’’ of the should in any way remove such policies non-emergency discretionary funding act’s minimum standards criteria may or grants from Senior Policy Operating for 2004 at $791.023 billion in budget au- be designated as Tier III countries if Group coordinating jurisdiction when thority and $862.889 billion in outlays. this be the judgment of the Trafficking those policies or grants deal with the Because it does not include sufficient Office—a judgment that should be exer- activities of traffickers, brothel own- offsets to pay for the additional spend- cised where there are gross and fla- ers, pimps or the women and children ing included within, this conference re- grant failures to comply with other from whose activities they profit. It is port exceeds the discretionary alloca- minimum standards criteria. And, as vital for the Federal Government to tions and caps provided by the budget noted, compliance with most of the make consistent and otherwise har- resolution ($784.675 billion in budget statute’s minimum standards criteria, monize its activities to stop the spread authority and $861.084 billion in out- combined with even modes noncompli- of communicable disease and AIDS and lays) by $6.348 in budget authority and ance with a remaining few, is not in- its activities designed to prosecute $1,805 billion in outlays. Therefore, tended to produce automatic Tier I des- traffickers and eliminate trafficking. Budget Act points of order (under sec- ignations. Both are vital objectives, and as recent tions 302(f) and 311) and a budget reso- Finally, a few words are in order re- letters form the Moscow Duma have lution (section 405(b)) point of order garding the Senior Policy Operating clearly shown, such harmonization is apply against the bill. Other budget Group created by this spring’s Omnibus imperatively pressing. Some persons resolution points of order apply as Appropriations Act, which today’s re- may believe that forming partnerships well, but they are of a more incidental authorization bill both incorporates with traffickers, pimps, and brothel nature. and strengthens. While what I am owners in order to ensure use of clean Mr. President, I ask unanimous con- about to say should be clear from the needles and condoms, and doing so in a sent that a table displaying the budget act’s language, and will be made ex- manner which legitimizes the abusers Committee scoring of the bill be print- plicit in the omnibus appropriations and enslavers of women and children ed in the RECORD. bill which the Senate was unfortu- and shields them from prosecution, is There being no objection, the mate- nately not able to enact today. While the way to go. They are wrong. Others rial was ordered to be printed in the the omnibus bill will take care of some may believe that public health meas- RECORD, as follows: of the issues related to the Senior Pol- urers to protect prostitutes from AIDS icy Operating Group with explicit stat- always stand in the way of prosecuting 2004 APPROPRIATIONS INCLUDING H.R. 2673, THE CON- utory language, I nonetheless believe it the traffickers, pimps and brothel own- SOLIDATED APPROPRIATIONS ACT, 2004—SPENDING important to make Congress’s unmis- ers who exploit them. They too are COMPARISONS—CONFERENCE REPORT takable intention clear in today’s floor wrong. What Congress intends is that a [Fiscal year 2004, $ millions] statement. Senior Policy Operating Group com- Budget First, it should be clear that Con- prised of political appointees of all in- authority Outlays gress established the Senior Policy Op- volved agencies is the body responsible Discretionary ...... 791,023 862,889 erating Group as the body it intended for harmonizing the above objectives Budget Resolution allocation/cap ...... 784,675 861,084 to coordinate all of the Government’s into a single set of government-wide Difference ...... 6,348 1,805 antitrafficing grants, policies and policies. Note: Totals adjusted for consistency with scorekeeping conventions. grant policies. The Senior Policy Oper- All this said, I reiterate my belief Prepared by SBC Majority Staff, 12/9/2003. ating Group is comprised of senior po- that the memory and spirit of Paul and f litical appointees of each of the agen- Sheila Wellstone are alive in the bill cies with trafficking policy responsibil- before us, as are the spirits of such ac- AMENDMENT TO S. 671, THE MIS- ities, and is thus perfectly structured tivists as the great English Parliamen- CELLANEOUS TRADE & TECH- to perform a vital function of moni- tarian and evangelist William Wilber- NICAL CORRECTIONS ACT OF 2003 toring government-wide policy consist- force, and the abolitionist leaders of Mr. SPECTER. Mr. President, today I ency. As presently constituted, the my home State of Kansas who led the seek recognition to discuss an amend- Senior Policy Operating Group is made 19th century war against the chattel ment to S. 671, the Miscellaneous Trade

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16109 and Technical Corrections Act of 2003. On September 9, Senators DURBIN, relief during these dark days for vic- My amendment will strengthen our do- SCHUMER, DODD, LIEBERMAN, CLINTON, tims’ families as they endure the griev- mestic dress shirt manufacturers and CORZINE, and LAUTENBERG joined with ing process. There is simply no reason the pima cotton growers. My amend- me to introduce S. 1602, the September not to grant these families a little bit ment is a technical correction that lev- 11th Victim Compensation Fund Exten- of relief by extending the deadline. I els the playing field by correcting an sion Act of 2003. Unfortunately, this am disappointed and saddened that anomaly in our trade laws that has un- bill continues to be bottlenecked in the anonymous Republican holds will re- fairly advantaged foreign producers Judiciary Committee and blocked from sult in unnecessarily closing off the and sent hundreds of jobs offshore. Senate passage by anonymous Repub- September 11 Victim Fund before each The amendment reduces duties levied lican holds on the Senate floor. Every victim had a sufficient chance to con- on cotton shirting fabric, fabric that is Democratic Senator has agreed to pass sider their options. not made in the United States. Cur- our legislation by unanimous consent, With the holiday season upon us, vic- rently, U.S. law recognized this lack of but one or more members of the major- tims did not need this arbitrary dead- fabric availability and granted special ity are still objecting to its passage in line confronting them. This was some- favorable trade concessions to manu- the Senate. thing that the Senate could and should facturers in Canada, Mexico, the Carib- Senator DASCHLE, Senator LAUTEN- have accomplished for the still griev- bean, the Andean region, and Africa. BERG and I have reached out to our Re- ing victims of September 11. It is an The U.S. has allowed shirts to enter publican colleagues to try to achieve a unnecessary shame that we have not this country duty-free from so many compromise to extend this arbitrary done so. other countries, while we have failed to deadline. We have expressed our will- f reduce tariffs on those manufacturers ingness to do so for a period of time that stayed in the U.S. and were forced less than one year, but unfortunately ADDITIONAL STATEMENTS to compete on these uneven terms. My the opponents of this bill have refused amendment will correct this inequity. to meet us partway. Moreover, they This amendment also recognizes the FREEDOM TO TRAVEL TO CUBA have been unable to explain why it is ACT OF 2003 need to creatively promote the U.S. necessary to force these families to ∑ shirting manufacturing and textiles confront this pain during an already Mr. BAUCUS. Mr. President, I rise sectors, and does so through the cre- stressful time—the holiday season. today to express deep frustration with ation of a Cotton Competitiveness Along with Senator DASCHLE, Con- the way congressional leaders have grant program, which is funded gressman GEPHARDT and others, I thwarted the will of the majority of through a portion of previously col- worked hard to create the Victims Members on Cuba. lected duties. Fund in the wake of the September 11 Last month, the Senate approved an Our country has experienced an enor- attacks. We insisted that it be included amendment to the Transportation- mous loss of jobs in the manufacturing in the legislation to bail out the air- Treasury appropriations bill that sector. It is critical that our domestic lines passed in the wake of the most would suspend enforcement of the Cuba manufactures be able to compete on a devastating terrorist attacks on Amer- travel restrictions. We passed this level playing field. In the case of the ican soil. The authorized deadline of amendment 59 to 36—a 23-vote margin. domestic dress shirting industry, the December 22, 2003, for applications to In September, the House approved the problem is our own government impos- the Victims Fund is rapidly approach- same amendment 227 to 188—a 39-vote ing a tariff of up to 11 percent upon the ing, but it has become apparent that margin. import of fabric made from U.S. pima many families need more time before So, both Chambers of Congress ap- cotton. My amendment is a concrete they can take that step. Thus, far only proved the same amendment to sus- step that this Congress can take to re- pend enforcement of the Cuba travel duce the hemorrhage of U.S. manufac- a minority of families have applied to the Fund for compensation, according ban and to allow travel by Americans turing jobs. to Cuba. These votes reflected the sen- One group of beneficiaries of this to the Department of Justice. Ken Feinberg, the Special Master of timents of the overwhelming majority amendment is a Gitman Brothers fac- of Americans who support ending the tory in Ashland, PA. The Ashland Shirt the Fund, has been doing his best to get victims families to understand utterly ineffectual travel ban. and Pajama factory was built in 1948 Opinion leaders, too, in newspapers and employs 265 workers. This factory their rights and I commend him and all across the country, in papers big in the Lehigh Valley turns out world others for their efforts to reach out to and small, applauded the Senate and class shirts with such labels as Bur- the victims and their families. House votes. Orlando, Chicago, New berry and Saks Fifth Avenue that are Victims support groups have told me York, Winston-Salem, Tuscaloosa, and shipped across the U.S. These workers that to this day, they are still receiv- San Diego. Papers from every corner of and their families deserve trade laws ing calls from individuals who under- the country commended Congress for that do not chase their jobs offshore. stand that the deadline is approaching its efforts and called for an end to the This amendment enjoys the support of but cannot face the emotional pain of absurd travel ban. the domestic shirting industry, UNITE, preparing a claim. In a survey con- Then, the Senate Foreign Relations and the pima cotton associations. ducted recently by victims’ organiza- I offer this legislation on behalf of tions, 87 percent of the 356 victims who approved by a 13-to-5 margin a bill—S. the men and women of the Gitman fac- responded expressed support for ex- 950, the Freedom to Travel to Cuba Act tory in Ashland, the domestic dress tending the December 22 deadline by 1 of 2003—that would permanently repeal shirting industry, and the pima cotton year. Mr. Feinberg has also commented the Cuba travel ban. Senator ENZI and growers, so that for them free trade that many victims remain too para- I, along with 31 other colleagues—fully will indeed be fair trade as well. lyzed by their grief to confront the one-third of the Senate, from both sides of the aisle and representing f logistical burden and emotional pain of filing a death claim. every region of this country—intro- SEPTEMBER 11TH VICTIM COM- In light of this painful reality, I be- duced this legislation because we felt PENSATION FUND EXTENSION lieve it would have been appropriate to the time had come to end this pointless ACT OF 2003 extend the deadline for filing applica- ban on American liberty. As its vote Mr. LEAHY. Mr. President, I am sad- tions to the Victims Fund. This exten- demonstrates, the Senate Foreign Re- dened that the Senate has been unable sion would have given grieving families lations Committee agrees. to reach agreement to extend the pend- additional time to mourn those who Given these votes, and given the pop- ing deadline of the September 11 Vic- were lost and to overcome the emo- ular support for our efforts to end the tim Compensation Fund to allow for tional challenges of filing paperwork travel ban, one would think the con- more time for the many still grieving with the Victims Fund. Every single ferees of the Transportation-Treasury victims who have been unable to bring September 11 victims support group appropriations bill would not be able to themselves to endure the painful proc- that I have spoken with agreed that a strip out our amendment. When the ess of filing claims. modest extension would provide some Senate and House have approved the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16110 CONGRESSIONAL RECORD — SENATE December 9, 2003 same amendment, there ought to be has completed all the classes needed follow. On behalf of each student whose nothing for conferees to reconcile. for a doctorate degree with California life Mr. Johnson has touched, let me But here we are with an omnibus bill Coast University. He will be dedicating express our heartfelt gratitude. We that does not include our amendment much of his time after his retirement congratulate him on a truly remark- to suspend enforcement of the Cuba to working on his dissertation in Earth able and distinguished career, and we travel ban. How did this happen? and Space Science. wish him and his family only the very It wasn’t the conferees. Thirteen of Having taught at Hanby since 1980, best in all that lies ahead for each of the 16 Senate conferees were supportive there are many attributes that make them.∑ of our amendment. The conferees Mr. Johnson a great teacher. He has an f would not have stripped out the unparalleled commitment to his craft. amendment. He stays after school on a regular basis RECOGNIZING THE UNIVERSITY OF But the congressional leadership to work on experiments with his stu- VIRGINIA ROTC would. And they did, before even sub- dents, teaches remedial classes with ∑ Mr. ALLEN. Mr. President, I am mitting the bill to the conference com- the same expectations as every other pleased today to recognize the out- mittee for consideration. They pointed class, and ensures his students have a standing work of the Reserve Officers’ to a phony veto threat—not made by lot of hands on experience in the class- Training Corps cadets at the Univer- the President—to justify a blatantly room. In 1997, Mr. Johnson led a group sity of Virginia who participated in a political move calculated to improve of six students in an inventor’s club as 24-hour vigil on September 15–16, 2003 their standing with a small number of they tried to come up with inventions in honor of National POW/MIA Remem- constituents in Florida. for the Duracell Battery Company. brance Day. The POW/MIA Vigil spe- This, despite a recent poll by the With his leadership and guidance, the cifically honors those men and women Miami Herald and St. Petersburg students came up with several cre- who defended our nation and never re- Times that found that most Florida ations, including a curb sensor to help turned with a 24-hour, tri-service honor voters favor lifting the ban on travel to cars detect curbs behind them, a laser ceremony. Cuba—by better than a 2-to-1 margin. device that takes atmospheric and me- The ROTC cadets at the University of Is this democracy in action? Is this teorological measurements, and a com- Virginia started their POW/MIA vigils the example we are setting for the rest puter program that analyzes satellites in 2000 when Air Force cadet Elizabeth of the world? Is this the example of and orbits around the earth. These in- McGraw served as Arnold Air Society participatory government that we hold ventions are extraordinary for middle Deputy Commander. Subsequent vigils to the Cuban dissidents as the beacon school students. were commanded by Cadet Christopher of freedom and liberty? In addition, in October of 1998, Mr. Tulip in 2001, Cadet Tara Graul in 2002, If this ugly episode were the only Johnson was honored and certified by and Cadet Jeremy Porto in 2003. consequence of this administration’s then-Vice President Al Gore as a teach- This year’s Vigil planning committee obsession with retaining the failed er of the Global Learning and Observa- included Cadets James Hayne, Joshua Cuba travel ban, that would be bad tions to Benefit the Environment Pro- Becker, Alina Sullivan, Dan Barton, enough. gram. Some 500 people were honored and Nic Skirpan. U.S. Air Force Colo- But it is not the only consequence. with the certification, which enables nel John C. Vrba, commander of Far worse, the administration’s pan- the teachers to teach students how to AFROTC Detachment 890 at Virginia, dering to its south Florida allies is un- view environmental images and read supervised the ceremony, which began dermining U.S. efforts to fight ter- globe data in hopes of determining the with a solemn precision drill perform- rorism. effects of global warming. ance by members of the AFROTC Drill The Treasury Department’s Office of Mr. Johnson is a member of the Dela- Team: Cadets Suzanne Hahl, Jacklyn Foreign Assets Control, OFAC, is ware Teachers of Science, National Noveras, Brandon Bert, Timothy charged with enforcing sanctions Science Teachers’ Association, Amer- Farwell, and James Hayne. Air Force against foreign countries, terrorist net- ican Federation of Teachers and the and Army Cadets, and Navy Mid- works, international narcotics traf- Satellites Educators’ Association. Over shipmen from the three ROTC detach- fickers, and those involved in prolifer- the years, Mr. Johnson has received ments then marched in solemn 15 ating weapons of mass destruction.∑ many awards and honors including minute ‘‘honor shifts’’ guarding the f Who’s Who Teacher of the Year, FAME American flag which was displayed (At the request of Mr. DASCHLE, the Teacher of the Year, as well as Hanby’s prominently on the back wall of the following statement was ordered to be Teacher of the Year candidate. He also University of Virginia’s Amphitheater. printed in the RECORD.) serves as a representative for the One of the MIAs that these young Ca- United Negro College Fund—UNCF—in dets honored was U.S. Army Captain WILLIAM JOHNSON’S RETIREMENT the Brandywine School District, co- Humbert Roque ‘‘Rocky’’ Versace, a ∑ Mr. CARPER. Mr. President, I wish ordinating donations from teachers and 1959 graduate of the U.S. Military to recognize William Johnson’s retire- administrators. The fund goes to sup- Academy at West Point. On July 8, ment after 33 years of teaching in the port various black colleges across the 2002, I had the distinct honor of being Brandywine School District. His dedi- nation. present at the White House for the cation has won him the respect of two Mr. Johnson is married to the former posthumous awarding of the Medal of generations of faculty and students M. Patricia Durnell. The two were mar- Honor by President George W. Bush for alike, along with the gratitude of many ried in West Chester, PA in August, Rocky’s conspicuous gallantry at the in our State. He has been, and remains, 1981, and now reside in Chadds Ford, risk of his life above and beyond the a trusted friend. PA. His hobbies and interests include call of duty while a captive of the Viet Mr. Johnson has spent much of his reading, jogging, collecting baseball Cong from October 29, 1965, until he life in public service. He served honor- cards and jazz albums, baseball, golf, was executed on or about September 26, ably in the United States Army for 6 and alto saxophone. 1965. His captors took his life after years, from 1965–1971. His teaching ca- Mr. Johnson is forever the consum- they had given up trying to break reer at Hanby Middle School in Wil- mate professional. He works hard at Rocky’s indomitable will to resist in- mington, Delaware, where he has his job, works hard for his students, terrogation and indoctrination, his taught Earth and Space Science for 23 and never desires the spotlight or rec- unshakable faith in God, and his stead- years comes to an end this month. He ognition for all his contributions. fast trust in his country and his fellow will be sorely missed there. Through his tireless efforts, he has prisoners. Mr. Johnson received his bachelor’s made a profound difference in the lives When I visited the White House last degree in Education from Delaware of thousands of students and enhanced year for Captain Versace’s Medal of State University and his Master’s in the quality of life for an entire state. Honor ceremony, I was among many of Education from Antioch University. He Upon his retirement, he will leave be- Captain Versace’s West Point class- has also taken advanced studies classes hind a legacy of commitment to public mates and family members. One of at the University of Pennsylvania and service for the generations that will those classmates was John Gurr, who

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16111 worked tirelessly to get approval for namese prison camps. The business of the encourage his somewhat separated fellow the creation of the Captain Rocky Commissar was extortion. He had to contin- prisoners by singing ‘‘God Bless America’’ Versace Memorial Plaza and Vietnam ually intimidate—to break—a number of and other popular or patriotic songs, fre- Veterans Memorial in the Captain’s POWs so that he had Americans at the ready quently inserting a stray word or two to to parade before press conferences for foreign communicate with his men. ‘‘Rocky’’ set the boyhood neighborhood in the Del Ray ‘dignitaries’ (often Americans from the anti- example, and he took the heat off his fellow section of Alexandria. war movement) and to exploit for propa- prisoners. At the conclusion of this year’s POW/ ganda statements favorable to the com- After five months, ‘‘Rocky’’ was deemed to MIA Vigil, Mr. Gurr made a powerful munist agenda. Our job was to hold out as be an incorrigible propaganda prospect, and speech to the UVA ROTC cadets on the long as we could, to make it difficult for The he was taken from the camp and held in iso- great history of honor by Vietnam Cat to exploit us. To do this, he hired experi- lation. That’s where he was held for the last POWs, which produced five Medal of enced ‘torture guards’ who in 40 minutes or 18 months of his 23-month captivity. Alone, so, with bars and ropes, could reduce a self- Honor recipients, and made Rocky emaciated by hunger and disease, his head respecting American officer to a sobbing swollen and yellow from jaundice. There Versace the only Army POW to receive wreck.’’ were occasional reports during that time the Medal of Honor for his heroism Admiral Stockdale and his fellow prisoners from villagers who said that ‘‘Rocky’’ was while in captivity during the Vietnam in the north early decided that their goal frequently led or dragged through their vil- War. was to resist as best they could and return to lages as a sad example of what the American Mr. President, I’d like to enter John the U.S. with honor. I say again, ‘‘with fighting man looked like. Even so, they said Gurr’s inspiring words as an extension honor.’’ Thus the title of the book from that ‘‘Rocky’’ sometimes interrupted the which I quote, ‘‘Honor Bound.’’ The Amer- of my remarks: propaganda diatribes in the village centers, ican POWs were ‘‘Honor Bound.’’ Under cir- refuting and embarrassing his captors in his I am indeed grateful for this opportunity cumstances that will draw a tear if you un- fluent Vietnamese. He was beaten, and one to speak for my comrades in arms and I derstand. Admiral Stockdale was awarded report said that, as he went down, he smiled. would thank you for this opportunity were it the Congressional Medal of Honor upon his ‘‘Rocky’’ Versace was a winner. not axiomatic in the military profession that return. Duty well done, Admiral! Well done! He was executed in September 1965, ending you never thank a soldier for doing his duty. As to the prisoners in South Vietnam, I not only his life but his imminent plan to You can commend him or her, and I herewith will speak with an indirect credibility of the leave the Army and return to South Vietnam commend wholeheartedly the ROTC cadet experience of a West Point classmate of as a Maryknoll missionary. He had been ac- corps of the University of Virginia for the mine, Captain ‘‘Rocky’’ Versace. I will speak cepted to become a priest-candidate at the vigil you have mounted in memory of our na- with a passion because ‘‘Rocky’’ was a friend Maryknoll Order in Tarrytown, NY. But he tion’s POWs and MIAs. It was your duty to of mine, and he, too, won the Congressional never made it there. do so, and you did it well. I will share with Medal of Honor for his resistance and leader- Thus ended the life of a decent man, a cou- you up front that I came to this amphi- ship as a prisoner of war. A difference is that rageous and unbreakable soldier, and now theater last night at around 0200 to witness Versace was executed for his stubborn, and the only Army man to get the Medal of your vigil for myself. I stood in the deep often even argumentative and aggressive re- Honor for conduct as a POW during the Viet- background for over a half an hour and sistance to the communist effort to break nam War. watched your sentinels, and I thought about him for propaganda purposes. The Medal of And now let’s turn to you. What you’ve what message I will carry to you today. Honor was presented posthumously, to just heard is a part of your legacy. You must Here it is in a nutshell, young men and ‘‘Rocky’s’’ family in the White House on not let it down. Last night there was just women: the heroic legacies of our fighting July 8, 2002, in the presence of 250 people one old soldier sitting there in the back of men and women, most certainly including which included 89 of his West Point class- this amphitheater, watching you, watching those men who suffered so terribly yet en- mates. As we said to ourselves at the time, your vigil, and witnessing the changing of dured with honor in the torture chambers of ‘‘We came for you ‘Rocky.’ We were late, but the guard. In a few short months or years, the Vietnamese communist forces, the he- we came.’’ ‘‘Rocky’’ Versace’s story is one of your turn will come to bear the mantle of roic legacies of those predecessors are soon a young man of exceptional physical endur- Duty, Honor, Country. And there will be a to pass to you. Be ready, because they are sa- ance and truly extraordinary mental tough- ghostly phalanx of old soldiers, sailors, air- cred. Duty, Honor, Country. Duty—be profes- ness. He was deeply religious, and he had men and marines who will always, I repeat sionally ready, do your duty well; do some- come to love and admire the South Viet- ‘‘always,’’ be watching you. You cannot fall thing extra. Honor—guard and cherish your namese people for whom and alongside whom short of the standard that has been set. personal honor. Country—stand ready to he had fought for almost 18 months before he I appreciate this opportunity to speak for ever defend this great democracy, which is a was severely wounded in battle and captured my past and present comrades, we commend unique bastion in a dangerous world. in October 1963. For the first five months of you for doing your duty so well, and my last A bit of background on the POW situation his captivity in the Delta of South Vietnam words to you are: as it developed and ended in Vietnam. There he was held in a small camp with only two Be ready. Be ready. other American prisoners. Successive teams were 771 Americans captured or interned in Mr. President, I would like to com- the Vietnam War, far, far fewer than in any of Viet Cong indoctrinators sought to break of our major interventions since World War ‘‘Rocky,’’ to get him to make statements re- mend John Gurr and the ROTC cadets I. 113 of them—almost 15%—died in cap- jecting the South Vietnamese effort to resist at the University of Virginia for their tivity. The vast majority of POWs were offi- a communist takeover, and they tried to get dedicated service to our Nation and for cers, most of them aviators shot down in the him to make recordings or quick movies op- their work to honor those like Captain north, and the vast majority of them were posing America’s intervention on behalf of Rocky Versace who paid the ultimate held in North Vietnam. There were some 19 the South Vietnamese forces. Fluent in Viet- sacrifice in defense of America and its such prison camps, where a rough total of namese and French, he argued so credibly ideals. I wish them Godspeed as they with his indoctrinators that they had to some 550 men were held. In the north, brutal stand strong for freedom.∑ tortures were the rule, and the death rate switch to English because they began to no- was about 5%. tice that the enlisted communist guards f In the much smaller and equally scattered were starting to nod their heads in agree- (At the request of Mr. DASCHLE, the prison camps in South Vietnam and Laos, ment with some of ‘‘Rocky’s’’ rebuttals. following statement was ordered to be hunger and disease and brutality were com- ‘‘Rocky’s’’ fellow prisoners heard him say in printed in the RECORD.) mon, but torture was much less systematic. one of the indoctrination sessions ‘‘You can Even so, the death rate in the southern make me come here, and you can make me The PASSING OF MEYER ‘‘MIKE’’ camps was about 20%—four times higher listen, but frankly I don’t believe a word you STEINBERG than in the north where food and medical say and you can go to hell.’’ On another oc- ∑ Mr. LAUTENBERG. Mr. President, care and the support of fellow prisoners casion they heard him say ‘‘I know that if I on December 4, 2003, an outstanding ex- made the chances of survival better. am true to myself and to my God, that some- As to the purpose of torture in the north- thing better awaits in the hereafter. So you ample of the American Dream ended ern camps, let me quote from Vice Admiral might as well kill me now.’’ with the passing of Meyer ‘‘Mike’’ James Bond Stockdale, who suffered 71⁄2 ‘‘Rocky’’ attempted escape four times and Steinberg. Mike was a young 84 with a years in captivity there and was the ranking was captured, beaten and leg-ironed in a sti- personal vitality and clarity of mind man in the camps. I quote from his fling bamboo cage after each such unsuccess- that many far younger people would ‘‘Afterword’’ in the famed book Honor Bound ful attempt. Only three weeks after his cap- envy. He was recently stricken with which details the experiences of American ture and on his first attempt, he had to drag lung cancer even though he had given POWs in Southeast Asia: himself through the jungle on his belly be- ‘‘I was the only wing commander in that cause he had taken three rounds in his right up smoking more than 30 years ago. He long war to lead prisoner resistance and leg in the battle in which he’d been captured, was an individual admired and beloved therefore the natural target for Major Bui— and he could not walk. As a captain and the by those who had the good fortune to ‘The Cat’—Commissar of the North Viet- ranking man in his POW camp, he sought to know him in his lifetime. This past

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16112 CONGRESSIONAL RECORD — SENATE December 9, 2003 Sunday, December 7, Park Avenue Syn- cure Lupus disease, among many other pro- to accept even though he had been ill agogue in New York was filled with grams to help the needy. He was a special for so long. We have lost a great friend 1,000 people who wanted to share the human being, someone I cared deeply about, to New Mexico. Joe fit his district like grief of his passing with his family who and his memory will be forever an inspira- a hand in a glove, and that fact will de- tion to all who knew him. Frank R. Lauten- fine his legacy as a public servant and loved him so deeply that eight of his berg United States Senator. grandchildren, including an 11-year- Steinberg—Meyer. The Officers, Trustees, a man of the people. My heart goes out old, wanted to share their innermost Clergy and Members of Park Avenue Syna- to Mary and the Skeen family. In vis- thoughts of affection and sadness with gogue mourn the passing of a devoted iting with them, I know their sadness everyone gathered there. congregant. We extend to his wife Jean, his and sense of loss is severe. Mike’s life, his grit and determina- daughters Susan, Bonnie, Carol and Lois and I had the highest honor of serving the tion, his business successes, and his de- the entire family our heartfelt sympathy. State of New Mexico with this amazing votion to family are the stuff of which David H. Lincoln Senior Rabbi Amy A.B. man for more than 20 years. Joe was Bressman Chairman of the Board Menachem first elected to the House of Represent- books are often written. In every defi- Z. Rosensaft President. nition of the American Dream, Mike atives in 1980 as a write-in candidate. Steinberg—Meyer. The Directors and staff He is only the third man in the history Steinberg would emerge as an ideal ex- of the S.L.E. Lupus Foundation and the ample. From the humblest beginnings, Lupus Research Institute mourn the loss of of this country to achieve this feat. As great an accomplishment as this having to end his formal education at our dear friend Mike Steinberg, a devoted was, history will show that it was the age of 15, he went on, ultimately, champion in the fight to conquer lupus. We among the least of his great achieve- to the role of a real estate magnate. He extend our deepest sympathies to the Stein- ments. As I am sure you can imagine, developed, owned, and managed prop- berg family, his devoted wife Jean and his beloved daughters Bonnie, Carol, Lois, and the litany of successes that Joe has erties from New York to Texas to Cali- Susan. Richard K. DeScherer President, The had in his work for New Mexico is fornia. S.L.E. Lupus Foundation. much too long to go into here today. He was someone I was proud to know. Steinberg—Meyer. The Gural Family Suffice it to say that New Mexico is in- He had a rare ability to attract admi- would like to extend its deepest sympathies finitely better for having had Joe ration and respect from all who had to the family of Meyer Steinberg. We were Skeen representing us in Congress; this contact with him and he will long be proud to call Meyer our friend and partner. He was a true humanitarian, a charitable country is better for having had Joe remembered as someone who proved participate in making decisions that that business success, devotion to fam- person in every sense of the word, and his presence will be greatly missed. Our hearts affect the entire Nation. ily, pride in his heritage, and regard for go out to Jean, Susan, Bonnie, Carol, Lois Joe was the first to tell you that he others are still goals to be cherished in and the entire Steinberg Family for their had not done it on his own, however. these days of disposable relationships. loss. He had a partner in his great adventure We grieve his passing but we honor Steinberg—Meyer ‘‘Mike’’. The Board of who walked beside him every step of his being and I ask to have printed in Governors and the members of The Seawane the way. Mary, his wife of 57 years, was the RECORD an item I placed in the New Club record with sorrow the loss of our be- a calming influence in the storm that York Times on December 6 commemo- loved member, Meyer ‘‘Mike’’ Steinberg. We is the life of a Congressman. She made rating his extraordinary life. extend heartfelt sympathy to his wife Jean and family. Ted Markson, President. it possible for Joe to continue to be a The material follows. Steinberg—Meyer ‘‘Mike’’. We are heart- ranching Representative, running the [From the New York Times, Dec. 6, 2003] broken at he passing of our dear friend. Mike family ranch while Joe served in Wash- STEINBERG, MEYER ‘‘MIKE’’. had great courage, accomplishment and was ington. Steinberg—Meyer ‘‘Mike’’. To our dearest a generous philanthropist. Our condolences Since Joe Skeen retired from Con- husband and Dad from your five lucky girls. to his beloved wife Jean and family. He will gress in 2002, I have missed working We are forever blessed with the love and life be missed but not forgotten. Elma and Mil- with him on behalf of New Mexico. We you showered upon us. There wasn’t a time ton Gilbert. were partners in so many projects for you weren’t there are always knew we could Steinberg—Meyer. Newmark and Company more than three decades. I am from our count on you. Our hearts are broken and the Real Estate wishes to extend its condolences State’s largest city, Albuquerque, and void can never be filled. You will be cher- to the Steinberg Family, on the loss of their husband, father and grandfather Meyer Joe was a rancher from one of the ished in our hearts forever and ever. We will many rural parts of our State. Our dif- always honor your memory and we will live Steinberg. He was both a friend and partner, our lives by the examples you set for us. You and he will be greatly missed. ferent backgrounds did not prevent us are our King of Hearts, our hero, we will love Steinberg—M. ‘‘Mike’’. It is with deepest from working together; rather, I would you forever. Jean, Susan, Bonnie, Carol, and regret that we mourn the loss of a wonderful, characterize them as allowing us to Lois. caring person who entered our lives years form an even better partnership on be- Steinberg—Meyer ‘‘Mike’’. Extraordinary ago and was a model friend, husband, father half of New Mexico. beloved husband of Jean. Most cherished fa- and leader of people. Our heart goes out to We first got to know each other in ther of Susan Zises Green, Bonnie S. Jean and her beautiful family. Barbara and 1960 when I was fresh out of law school Englebardt, Carol S. and Michael Weisman, Philip Altheim. and Joe was an up and coming member Lois Robbins Zaro and Andrew Zaro. Adoring Steinberg—Meyer. Our deepest condolences to the Steinberg family on the loss of their of our party. A decade later, in 1970, we and revered grandfather of Lynn Zises, Jus- teamed up together to run for Gov- tin H. Green, Danielle and Lara Englebardt, beloved husband, father, grandfather, and Brett and Jad Weisman, Alex, Olivia, Ste- great grandfather. Mike was a man of great ernor and Lieutenant Governor respec- phen and Victoria Zaro. Great-grandfather of fortitude and charity and he will be missed. tively. And, again in 1980, when Joe Isabelle Zises Krugman. Services Sunday, 1 The Zises family. Skeen was first elected to Congress, we pm, Park Avenue Synagogue, 87th and Madi- Steinberg—Meyer ‘‘Mike’’. To Jean and his had the opportunity once again to son Ave. In lieu of flowers, contributions beloved children and grandchildren, our sin- work side-by-side. More than anything, may be made to honor his memory to the cerest condolences. We will sorely miss our Joe and I were able to use our respec- S.L.E. Foundation for Lupus Research, 149 dear friend, Love, Laura and Artie Ratner. tive positions on the House and Senate Madison Ave., NY NY 10016. For further in- Steinberg—Meyer (Mike). My heartfelt sympathy to the Steinberg family on the Appropriations Committees to help formation call Plaza Community Jewish New Mexico. He was always a good, Chapel. their loss. Mike will be greatly missed by all Steinberg—Meyer ‘‘Mike’’. An admired his friend and associates. Norman F. Levy.∑ solid and dependable man, and always a friend, extraordinary entrepreneur, beloved f champion for his district. He certainly family leader, husband, father, grandfather left huge shoes for those who follow and greatgrandfather. To know him as I did, PASSING OF FORMER him. father of my dearest Bonnie Englebardt, was CONGRESSMAN JOE SKEEN Today, my wife Nancy and I mourn. a special privilege. His success in the busi- ∑ Mr. DOMENICI. Mr. President, with Joe is at rest, and our prayers are now ness world was outstanding, but it never a heavy sense of sadness today, we with Mary, who has been such a force interfered with his role as the family patri- mark the passing of former Congress- behind Joe and all his work.∑ arch. The risks that he took in his business life were always motivated by his desire to man Joe Skeen from New Mexico. f protect his family’s security. His love of On Sunday night, Joe Skeen lost his (At the request of Mr. DASCHLE, the family extended as well to philanthropy. He valiant battle with Parkinson’s dis- following statement was ordered to be supported Israel’s survival and the fight to ease. Joe’s passing is very hard for me printed in the RECORD.)

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16113 AFRICAN AMERICAN MUSEUM themselves not only from political Albert, U.S. Army, of Plymouth, CT. A ∑ Mr. REID. Mr. President, I wanted to slavery, but also from economic slav- 23-year Army veteran, he had served in amplify the remarks I made a few ery. Operation Desert Storm and already weeks ago when we approved a bill to In the years since then, we have had a tour in Afghanistan. Sergeant create a museum of African American made tremendous progress. The legal Major Albert was considered an adven- History as part of the Smithsonian In- rights of African Americans have been turer with a good sense of humor, dedi- stitution, on or near the National Mall. secured. But until economic equality cated to the Army, and devoted to his As I said at the time, the passage of and justice are achieved, the fight will friends and family. this measure is an enormous tribute to not be won. Joining the Army as a teenager, Ser- JOHN LEWIS has never stopped fight- the work of Congressman JOHN LEWIS. geant Major Albert was an example of ing for freedom and justice. That’s why Mr. LEWIS came to Congress as a rep- the powerful American spirit which he recognizes the importance of a mu- resentative from Atlanta in 1987. The permeates this Nation’s history. A seum that will tell the story of the Af- next year he began his fight to create member of the 2nd Battalion, 87th In- rican American experience. a museum that would tell the story of fantry Regiment, 10th Mountain Divi- This museum was first proposed in sion, Sergeant Major Albert was killed the African people in the United States 1915 by African Americans who had of America. in a helicopter crash during a combat fought in the Civil War. operation on November 23 in Afghani- It is a complex story, and a compel- When Mr. LEWIS arrived in Congress, stan. Five others died with him and ling one. he adopted the cause as his own. eight others were injured. Of course there is the horror of slav- Each year since 1988, he has fought to Sergeant Major Albert who loved the ery—one of the greatest stains on our create this museum. This year is the military, served as a messenger of high Nation’s soul. That story must be first time his bill has passed both the justice and idealism in the best tradi- told—we cannot flinch from the truth, House and the Senate. no matter how painful it might be. The bill has now gone to President tion of American principles and patri- But we must not allow it to blind us Bush, and I hope he will sign it as soon otism. I am both proud and grateful to the rest of the story . . . to the enor- as possible so we can begin the next that we have the kind of fighting force mous contributions that people of Afri- phase of the journey—raising private exemplified by Sergeant Major Albert can descent have made in the United contributions to match the Federal serving in the Persian Gulf. States. funds for the Museum of African Amer- Our Nation extends its heartfelt con- This very Capitol in which we now ican History. dolences to his mother, brothers, and stand, a magnificent building that is a I salute JOHN LEWIS for his good sisters. We extend our appreciation for symbol of freedom around the world, work. Not just the creation of this im- sharing this outstanding soldier with was built with the labor of slaves. portant museum, but the work of his us, and we offer our prayers and sup- African Americans fought to keep entire life—the struggle for freedom, port. You may be justifiably proud of our Nation free . . . even when their equality and justice.∑ his contributions which extend above and beyond the normal call of duty.∑ own freedom was not fully realized. f And the ideas and talent of African f Americans have enriched all of our RECOGNIZING THE BRIDGEWATER OREGON VETERAN HERO lives. JUNIOR LEAGUE ALL-STARS From the Nobel laureate Toni Morri- ∑ Mr. ALLEN. Mr. President, I am very ∑ Mr. SMITH. Mr. President, today I son to our great composer Duke Elling- pleased today to recognize the Bridge- rise to honor an Oregon veteran who ton, from the inventor and city planner water Junior League All-Stars for their has gone above and beyond the call of Benjamin Banneker to the brilliant ju- third place finish in the Junior League duty in service to her country and to rist Thurgood Marshall, from Jesse World Series this summer. her State. Blanche Osborn Bross was Owens to Jackie Robinson, our Nation Throughout their incredible run, the born on July 21, 1916, and has lived in has been inspired and enlightened by Bridgewater Junior Leaguers were a Oregon since the age of 8. our African American citizens. source of great pride for their local In 1943, Blanche heeded the call to I regret that black people in this community. The team of talented 13- duty by joining the Women’s Air Force country have had to struggle so hard to and 14-year-olds cruised through the Service Pilots, WASP, an experimental win equality and be treated the same early rounds of the tournament, even- program developed to compensate for as everybody else. I wish that struggle tually making it all the way to the the lack of men available for pilot had not been necessary. finals of the Junior League World Se- training; when American men were Yet, that struggle has had an enor- ries. This team of winners should be critically needed for combat duty dur- mous impact on our Nation. The words applauded for their exciting play ing World War II, important piloting and actions of men like Martin Luther throughout the tournament. The 12 jobs across the country were left va- King Jr. and JOHN LEWIS have uplifted outstanding players on this young cant. WASPs like Blanche spent count- us all. team have truly promising futures in less hours training to assume piloting Forty years ago, I lived in Wash- front of them. jobs, deliver planes from factories to ington and attended school here. I will Congratulations to the Bridgewater their domestic bases, tow targets for never forget the great March on Wash- All-Stars: Alex Arey, Andrew Arm- gunnery practice, and train cadet pi- ington of August 28, 1963. strong, Daniel Bowman, Alex Crank, lots. Coming from Nevada, I was stunned Brandon Craun, Kyle Craun, Sam More than 25,000 women applied for by the sight of thousands of buses Groseclose, Luke Long, Carl McIntyre, the prestigious WASP program, and streaming into the city and the hun- Tyler Milstead, Joshua Tutwiler and while 1,830 were chosen for training, a dreds of thousands of people who Josh Wright, their manager, Don select 1,074 women graduated from the marched peacefully for their cause. Tutwiler, and coaches Sherrill Wright rigorous program. After graduating, That event touched me in a profound and Bill Groseclose. They have made Blanche became one of 17 women sent way. Bridgewater and the Commonwealth of to Columbus, OH, to learn to fly four- We all remember Martin Luther Virginia proud of their accomplish- engine aircraft. In Ohio, Blanche be- King’s ‘‘I Have A Dream’’ speech from ments.∑ came a pilot of the legendary B–17 that day. It is rightly regarded as one f ‘‘Flying Fortress,’’ ferrying the enor- of the greatest speeches of the 20th (At the request of Mr. DASCHLE, the mous aircraft between bases. Fortu- Century. following statement was ordered to be nately, at 5 feet, 8 inches tall, Blanche But JOHN LEWIS also spoke at the printed in the RECORD.) was just tall enough to reach the rud- March on Washington—the only speak- der pedals. er from that great event who is still TRIBUTE TO SGM PHILIP R. After her first assignment in Ohio, alive today. ALBERT Blanche was sent to Fort Myers, FL, to And I will never forget what he said— ∑ Mr. LIEBERMAN. Mr. President, I assist in gunnery training. As a pilot, that African Americans must free wish to pay tribute to SGM Philip R. she took gunners up in the air where

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16114 CONGRESSIONAL RECORD — SENATE December 9, 2003 they fired at targets towed by a B–25. After growing up in Depression-era of duty during the Vietnam conflict Many of the gunners had been in male- West Virginia, witnessing the after- from 1968 to 1969, as well as Operations dominated combat and were shocked to math of Hiroshima, and the paranoia of Allied Force, Noble Eagle, and Endur- greet women pilots in the cockpit. One the McCarthy era, John Patrick used ing Freedom. soldier even exclaimed, ‘‘I have to his opposition to war and fierce defense Master Sergeant Takeshita is to be write home about this!’’ of civil liberties to fuel his passion for commended for his long tenure, unwav- After spending close to a year at Fort journalism. For nearly half a century, ering patriotism, courageous service, Myers, Blanche and three other WASPs John Patrick served as a reporter and unselfish leadership, and individual were transferred to the Las Vegas gun- editor for the Capital Times in Madi- contributions to the defense of the nery school where they were used in son, WI. He challenged politicians and United States. I applaud the distin- the engineering squadron to test re- policies, but at the same time made guished career of Master Sergeant Den- paired aircraft. The program generated many friends and established lasting nis Takeshita and express my best significant publicity during the war, bonds along the way. wishes for a well-deserved and enjoy- and Blanche was featured in a famous After serving in the Navy during able retirement.∑ picture of female pilots walking off of World War II, John Patrick attended f the ‘‘Pistol Packin’ Mama,’’ a B–17 the University of Wisconsin on the GI (At the request of Mr. DASCHLE, the bomber. The photograph has since been Bill and earned his degree. He joined following statement was ordered to be used in advertisements for clothing the Capital Times in 1951 and that is printed in the RECORD.) lines, fashion magazines, and historical where he stayed until his retirement in chronicles. 1995. TRIBUTE TO BG EDWARD M. Blanche lived to fly, and is quick to John Patrick will forever be remem- HARRINGTON, USA point out she always felt accepted by bered for his work during the turbulent ∑ Mr. KENNEDY. Mr. President, today the men in the military. On December McCarthy era. Many were silenced by I pay tribute to BG Edward M. Har- 20, 1944, however, a bill sent before Con- McCarthyism but John Patrick took rington, upon his retirement from the gress that would have allowed women action. For his July 4 assignment in United States Army after more than to enter the Air Force did not pass, and 1951, John Patrick asked people to sign three decades of distinguished service the WASP program was dismantled. a petition he had put together using to our Nation. After being deactivated from the only the Declaration of Independence Ed Harrington’s military career can WASPs, Blanche joined the American and the Bill of Rights. One hundred truly be described as an American suc- Red Cross and was sent to Kunming, twelve refused out of fear of what cess story. A son of Massachusetts, he China where, although she did not fly might happen to them, 20 called John grew up in the coastal town of planes, she was heavily involved in op- Patrick a communist, and only one Marshfield, where his family’s roots ex- erating clubs for service members sta- signed. After the story broke nation- tend back three generations. After tioned overseas. ally, President Harry Truman heralded graduating from Marshfield High Following her tour in China, Blanche John Patrick’s efforts. School, he attended Northeastern Uni- returned to the U.S. to begin a family. And as far as my own personal good versity in Boston, earning a degree in In 1957, she married William H. Bross fortune in knowing John Patrick, he Business Administration. Before the with whom she had a son, Charles. To- asked me tough question for over 20 ink was dry on his diploma, Ed re- gether, they moved to Portland, OR, years. When I would give him a feisty ceived his draft notice and soon donned where she developed a seaplane flying answer, he would grin and I always felt the battle dress of an infantryman. It base. Later in life, Blanche received a buoyed by the unofficial but potent en- wasn’t long until his superior recog- commercial pilot license and flew con- couragement of Wisconsin’s glorious nized his leadership potential, and he struction crews to work sites. progressive legacy. was selected for Officer Candidate For many years, one distinct honor My condolences go out to John Pat- School. This marked the beginning of alluded Blanche and the other female rick’s wife Merry and his entire family. what turned out to be an exemplary ca- pilots. The WASPs had retained their His unparalleled contributions to Wis- reer as an officer who rose to the pin- civilian status while flying aircraft in consin journalism will never be forgot- nacle of the complex world of acquisi- World War II, and therefore, were not ten.∑ tion management. considered ‘‘veterans’’ after the war. f As a lieutenant in the Quartermaster At long last in 1977, Blanche and other Corps, he received orders for Vietnam female pilots were finally recognized TRIBUTE TO MASTER SERGEANT where he was assigned to the First Cav- for their invaluable service to their DENNIS TAKESHITA alry Division. After service in Viet- country when the WASPs were finally ∑ Mr. AKAKA. Mr. President, I rise nam, he returned stateside and as- designated as veterans. today to honor the service of Master sumed command of the 259th Field Today, Blanche resides with her hus- Sergeant Dennis Takeshita, a member Service Company at Fort Bragg. Then, band in Bend, OR, where she plays golf of the Hawaii Air National Guard. with family in tow, he headed for Ger- on a regular basis, and continues to After 37 years of exemplary commit- many, serving in various Signal Com- enjoy the outdoors. When asked what ment and dedicated service in defense mand positions. one thing she would want others to of our great Nation and 30 years in the After being promoted to captain, Ed know about her, she replied simply, ‘‘I Air National Guard, Master Sergeant returned to Massachusetts to become a want people to know I’m proud to be an Takeshita retired on October 3, 2003. professor of military science at Oregonian and proud to have served Master Sergeant Takeshita’s career Worcester Polytechnic Institute and this country.’’ experiences have been extensive. He re- Fitchburg State College. For her selfless service to others, and ceived a commission into the Air Force In the mid-1980s, Ed’s expertise in de- to the United States in times of war, I Reserves in 1966 and served on active fense acquisition management prompt- salute Blanche Osborn Bross as an Or- duty until 1972. Soon after his honored his selection for the challenging po- egon Veteran Hero.∑ able discharge from the United States sition of production manager for the f Air Force, Master Sergeant Takeshita M1A1 Abrams Tank at the Tank-Auto- (At the request of Mr. DASCHLE, the joined the Hawaii Air National Guard. motive and Armaments Command in following statement was ordered to be He is a decorated soldier who has re- Warren, Michigan. There, he met the printed in the RECORD.) ceived numerous citations and awards technical challenge of upgrading the for his outstanding service and profes- tank’s armor plating improving surviv- IN REMEMBRANCE OF JOHN sionalism. ability and personnel protection. Years PATRICK HUNTER A graduate of St. Louis High School later, he would return to that organiza- ∑ Mr. FEINGOLD. Mr. President, in Honolulu and the University of Ha- tion as the Deputy for System Acquisi- today, I pay tribute to John Patrick waii, Master Sergeant Takeshita’s cation, a position in which he exercised Hunter, a respected journalist and a reer has been one of dedication, service milestone decision authority for more dear friend. and sacrifice. He served a combat tour than 200 Army programs, including the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16115 Paladin artillery system and the High Schools of Capron, VA, upon his retire- turning to Maryland to join Discovery Mobility Multi-Purpose Wheeled Vehi- ment this year from the Virginia Pea- Communications where she was an in- cle, better known as the HUMVEE. nut Growers Association. valuable member of its corporate af- Following high-level logistics assign- Throughout his long career as a pea- fairs and communications department. ments overseas and stateside, he as- nut farmer, Russell C. Schools has As an adult, Julie became a knowl- sumed the first of three command as- made numerous contributions to his edgeable resource for many people ex- signments that would culminate in his field of work, dedicating his time and periencing panic and anxiety disorders selection for flag officer and his ascen- efforts to improve and promote the and was able to recommend The Ross sion to the top of the Defense Contract peanut industry, specifically in Vir- Center of Washington, DC, and the Management Agency. ginia. Perhaps his most impressive Midwest Center for Anxiety, Stress and In the mid-1990s, as commander of achievement was the 34 years he spent Depression to those who sought her the defense contract management of- as the executive secretary of the Vir- counsel. fice in Syracuse, he oversaw the per- ginia Peanut Association. Recently, Julie Katherine Ellis married Chris- formance of contracts associated with Mr. Schools was inducted into the topher M. LeMoult of Cape Code, MA, a number of large systems, including American Peanut Council’s Peanut in September 2001. She delivered their the Seawolf Submarine, the C–17 air- Hall of Fame, a fitting tribute to his baby boy, Logan Donnelly, in April craft, and the Javelin anti-tank missile outstanding career in the peanut indus- 2003. Her life as a mother allowed her system. A few years later, Ed returned try. to be with her son for only 8 hours be- to his home State, serving as the direc- Mr. President, I commend Russell C. fore unknown complications took her tor of Defense Contract Management Schools for the hard work and dedica- life. Command’s eastern district head- tion that he has demonstrated In addition to her beautiful smile and quartered in Boston. There, with a dis- throughout his distinguished career. peaceful nature, Julie’s greatest leg- persed workforce of 6,000 and more He is a great Virginian and a great acies are her son Logan and her ability than 20 field offices, he and his staff American and I wish him well in his re- to open up her heart unconditionally to managed nearly all the defense con- tirement.∑ family, friends, acquaintances and tracts performed in the eastern United strangers alike in the hope of making States. f their lives better while expecting noth- Since assuming leadership of the De- (At the request of Mr. DASCHLE, the fense Contract Management Agency, following statement was ordered to be ing in return. DCMA, in February 2001, Brigadier printed in the RECORD. The sorrow over Julie’s loss is accompanied by the abundance of joy General Harrington has refashioned TRIBUTE TO JULIE ELLIS that exists in the memories her family and expanded DoD’s acquisition-man- LEMOULT and friends share, her life that they agement mission, and in so doing, has ∑ Ms. MIKULSKI. Mr. President, I rise affirmed DCMA’s standing as one of celebrate and her love that will live on. to pay tribute to the life and legacy of At Thanksgiving and always, Julie’s DoD’s premiere combat support agen- Julie Ellis LeMoult, an extraordinary cies. Today, DCMA carries out its re- parents, sisters, husband, son, family, young woman from Bethesda, MD. friends and colleagues are grateful for sponsibilities around the globe at sites This past spring, Julie Ellis LeMoult, as diverse as a circuit board manufac- the brilliance of her life. Julie Ellis loyal, compassionate, understanding LeMoult will never be forgotten.∑ turer in Silicon Valley to a combat and forgiving friend passed away far theater in the Middle East. too early at the age of 28. Her death Ed Harrington’s compassion and dis- f has dimmed the light of all who knew tinct style of leadership were dramati- her: her husband, Chris LeMoult; her cally brought to the fore following the CONTRATULATIONS TO JUDITH parents, Bruce and Donna Ellis; her sis- tragic events of September 11, 2001, in SPOONER ters, Sheri DeLorenzo, Andrea Lynch which one of his DCMA colleagues, ∑ Mr. BUNNING. Mr. President, I pay Herb Homer of Milford, MA, perished and Christiane Ellis, and her many, many friends in Bethesda and all tribute and congratulate Judith while on official travel aboard United Spooner of Louisville, KY on her recep- Airlines Flight 175 that crashed into across the country. Julie is irreplaceable. She dedicated tion of the Adoption Excellence Award the south tower of the World Trade her short life to maintaining and exalt- given to her by the United States De- Center. With compassion and grace, Ed partment of Health and Human Serv- went above and beyond his duty to ing humankind by paying tribute to ices. comfort and console the Homer family, each person’s individual gifts. Above Ms. Spooner has dedicated her life to and assist Herb’s widow, Karen, in all, Julie was always selfless and helping improve and increase adoptions dealing with the administrative com- strived to draw on and draw out the and foster families in Kentucky. Her plexities following the death of her best in everyone she met. devotion to this cause was put to great husband. Thanks to the efforts of Ed The third of four children and the work during her time at the Kentucky Harrington, the memory of Herb daughter of an entrepreneur who ca- Cabinet for Families and Children. She Homer and the recognition of his sac- tered to kings, queens, presidents, dip- has done a wonderful public service rifice will long endure as an inspiration lomats, charitable causes and private through her innovative efforts to in- to thousands throughout the DoD ac- social functions, Julie was raised in Be- quisition community. thesda, MD and attend Georgetown crease the number of adoptive families Whether he was on a muddy ridge as Visitation Preparatory School. in Kentucky. She has also been instru- an infantryman, at the front of a col- In December 1996, Julie graduated mental in setting up area support lege lecture hall, on a contractor’s from Ohio Wesleyan University where groups for foster and adoptive parents. plant floor, or at the side of a grieving she received a business degree in 31⁄2 Although she retired in March of 2003, family, BG Edward M. Harrington years while playing lacrosse. She ex- we are all very lucky that she will con- served his country with valor, loyalty, celled in her academics through for- tinue to spend some of her time with and integrity. On the occasion of his titude and perseverance, overcoming a AdoptUSKids, a nonprofit group that retirement from the United States childhood struggle with dyslexia. Her helps match waiting children with Army, I offer thanks and congratula- self-esteem remained intact because of adoptive families. tions to one of New England’s finest, her athletic abilities, providing her The citizens of Kentucky are fortu- and wish him and his wife, Jane, well swimming, diving, basketball, softball nate to have the leadership of Judith in their future pursuits.∑ and lacrosse teams with the highest ex- Spooner. Her example of dedication, hard work and compassion should be an f cellence of leadership and sportsmanship. Julie’s stride and form as a run- inspiration to all throughout the Com- RECOGNIZING RUSSELL C. ner exhibited her most memorable monwealth. SCHOOLS style of athletic grace. She has my most sincere apprecia- ∑ Mr. ALLEN. Mr. President, I am very In 1997, Julie worked for Hambrecht tion for this work and I look forward to pleased today to recognize Russell C. and Quist in San Francisco before re- her continued service to Kentucky.∑

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Anderson, who ends recognize Patricia Buckley Moss for Ag Appreciation banquet. 28 years of service as the treasurer for her outstanding contributions to the The Ag Producer of the Year is Roanoke County in January 2004. advancement of art and education in awarded to one recipient a year who Mr. Anderson is the longest serving the Commonwealth of Virginia. distinguishes themselves in the Agri- treasurer in the history of Roanoke Ms. Moss was born and raised in New cultural Business Community in South County, first being elected in 1971. He York City, where she attended the Dakota. The award has been given out served until 1975 and then resumed the Washington Irving High School for the since 2001. The award goes to a person elected post in 1979. He has been Roa- Fine Arts. After developing her artistic who uses the most recent and innova- noke County’s treasurer ever since. talents in high school, Ms. Moss re- tive technology to further advance the As treasurer, Mr. Anderson helped ceived a scholarship to the prestigious agriculture industry for the better. modernize the office, allowing for on- Cooper Union for the Advancement of Kirk Cordes understands the word line payments and computer record Science and Art in New York. While at perseverance. Mr. Cordes was raised on keeping. He has distinguished himself Cooper Union, she studied fine arts and a ranch outside of Elm Springs, SD, and his office, becoming the president graphic design for 4 years. where he attended elementary school of the Treasurer’s Association of Vir- In 1964, Ms. Moss and her family relo- in a one room school house. After grad- ginia in 1986 President of the National cated to Waynesboro, VA. Living in the uating from South Dakota State Uni- Association of County Treasurers and stunning Shenandoah Valley gave Ms. versity in 1970 with a degree in agri- Finance Officers and receiving the Moss the opportunity to experience and culture/business, he worked hard and award for National Treasurer of the appreciate the natural beauty of the saved his income. In 1973, the hard Year in 1996, County Republican Offi- outdoors, which has played a promi- work and determination paid off. He cial of the Year in 1998 and the Com- nent role in her art ever since. Over the bought his mother and father in-law’s monwealth’s Award in 1997. past 40 years, she has created a unique 6,800 acre ranch, and he and his family Mr. Anderson is a community leader, style that is well known by collectors have owned and operated the ranch serving as past chairman of the Roa- across the globe. Her artistic work ever since. Kirk Cordes has been recognized nu- noke United Methodist Church, past eventually led to the creation of the P. merous times for his devotion to the president of the Dogwood Festival and Buckley Moss Museum, which opened agricultural industry in South Dakota. Vinton Lions Club. He currently serves in Waynesboro, VA, in 1989. This well- Among his numerous awards, he is a as Chairman of the 6th District Repub- known museum in the Shenandoah member of various organizations and lican party and as a board member on Valley was created to ‘‘permanently serves on many boards. He is a past di- the Blue Ridge Education and Training record and illuminate the Moss phe- rector of the Pennington County Soil Council. nomenon through educational exhibi- Conservation District. He has also been Alfred Anderson is a graduate of East tions, lectures, permanent collections a past director, vice president and Tennessee State University. He and his and archival files.’’ State president of the South Dakota wife Ann live in Vinton, VA and have During her illustrious artistic career, section for range management and re- two children. Ms. Moss has exhibited tremendous Mr. Anderson has left an indelible cipient of Rangeman of the year for dedication to many charitable endeav- mark on his office and his community. South Dakota in 1983. He is a current ors. In particular, she has remained I congratulate him and wish him well member of the South Dakota Cattle- committed to various children’s char- on his retirement.∑ men’s Association, the National Cattle- ities, with a primary focus on special men’s Beef Association, the Rapid City f education programs. In 1986, the P. Area Chamber Ag Committee and the (At the request of DASCHLE, the fol- Buckley Moss Society was created by a Western South Dakota Buckaroos. For lowing statement was ordered to be group of her most dedicated collectors the past 10 years, he has been president printed in the RECORD.) to facilitate the management of her of the West River/Lyman Jones Rural various charitable activities. This soci- TRIBUTE TO INTERNS Water Systems, which is part of the ety has grown to over 20,000 members ∑ Mr. HARKIN. Mr. President, today I Mni Wiconi Water Project. worldwide and uses fundraisers to pro- extend my appreciation to my fall 2003 After 30 years of ranching, Kirk and vide for charitable projects. Among its class of interns: Dennis O’Connor, Me- his wife Kathy will be turning the projects in 1995, the Society created lissa Hall, Jason Eaton, Theresa ranch over to their son and daughter- the P. Buckley Moss Foundation for Fruher, and Natalie Dupcher. Each of in-law. Children’s Education; the mission of them has been a tremendous help to me I am pleased that his agricultural this educational foundation is to ‘‘pro- and to the people of Iowa over the past leadership is being publicly recognized mote the integration of the arts into several months. Their efforts have not and that his achievements will serve as all educational programs, with a spe- gone unnoticed. a model for all outstanding agricul- cial focus on programs for children who Since I was first elected into the Sen- tural producers throughout the State learn differently.’’ ate in 1984, my office has offered in- to emulate. It is with great honor that Patricia Buckley Moss is an excel- ternships each fall to young Iowans I share his impressive achievements lent role model for aspiring young art- and other interested students. Through with my colleagues.∑ ists throughout our country. She has their work in the Senate, our interns f have not only seen the legislative proc- left an indelible mark on her commu- ess at work, but they also have person- nity not only through her art, but also RECOGNITION OF MARTIN FINKEL ally contributed to our Nation’s de- through her charitable work, which has ∑ Mr. SPECTER. Mr. President, I wish mocracy. touched the lives of so many, specifi- to recognize Martin Finkel, a distin- It is with much appreciation that I cally those who are learning impaired. guished doctor and family friend. Dr. recognize Dennis, Melissa, Jason, The- I commend her for her service and wish Finkel has practiced medicine for over resa, and Natalie for their hard work her continued success in her life.∑ 30 years on the Upper West Side of this fall. It has been a delight to watch f Manhattan. them take on their assignments with (At the request of Mr. DASCHLE, the Martin Finkel, M.D., F.A.C.P., P.C., a enthusiasm and hard work. I am very following statement was ordered to be Diplomat of the American Board of In- proud to have worked with each of printed in the RECORD.) ternal Medicine and Gastroenterology, them. I hope they take from their fall was voted for inclusion in the October a sense of pride in what they have been CONGRATULATING AG PRODUCER edition of the prestigious ‘‘Guide to able to accomplish and an increased in- OF THE YEAR KIRK CORDES America’s Top Physicians.’’ terest in public service and our demo- ∑ Mr. JOHNSON. Mr. President, I wish In designating this distinction, the cratic system and process.∑ to publicly congratulate Kirk Cordes of editors of the Guide noted that Dr.

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He States submitting sundry nominations, tion.’’ I join them today in their salute was also was highly respected in the two treaties, and a withdrawal which to Dr. Martin Finkel.∑ legislature, where he represented the were referred to the appropriate com- f university with distinction. mittees. ‘‘I remember him as the best of his (At the request of Mr. DASCHLE, the (The nominations received today are following statement was ordered to be generation,’’ President Friday said of printed at the end of the Senate pro- Jay. ‘‘He was a man of real integrity, printed in the RECORD.) ceedings.) honesty and plain raw courage. His mo- JAMES L. ‘‘JAY’’ JENKINS 1919–2003 tivation was always what was best for f ∑ Mr. EDWARDS. Mr. President, I wish North Carolina.’’ ANNUAL REPORT OF THE RAIL- the honor to life of a remarkable North Jay was an accomplished outdoors- ROAD RETIREMENT BOARD FOR Carolinian. man and athlete who played THE FISCAL YEAR ENDING SEP- Jay Jenkins was one of North Caro- semiprofessional baseball. He was a de- TEMBER 30, 2002—PM 58 voted follower of the Atlanta Braves lina’s finest. He was a member of a The Presiding Officer laid before the large and distinguished family de- and his beloved Wake Forest Demon Deacons. Senate the following message from the scended from 18th century Scottish President of the United States, to- missionaries, and he left his own mark A veteran of World War II, Jay served our country with distinction in the gether with an accompanying report; on our State and the South. With his which was referred to the Committee passing, we have lost a great humani- Army Air Corps in the Pacific Theater for 30 months. on Health, Education, Labor, and Pen- tarian. Jay was a true North Carolina treas- sions: Jay’s long career spanned his early ure. We will miss him dearly.∑ years as a political reporter and later To the Congress of the United States: as a leader at the University of North f I transmit herewith the Annual Re- Carolina. TRIBUTE TO CRAIG WILLIAMS port of the Railroad Retirement Board Many in North Carolina believe he ∑ Mr. BUNNING. Mr. President, I wish presented for forwarding to you for the was the best political reporter the to pay tribute to Craig Williams, direc- fiscal year ending September 30, 2002, State has ever known. He was always tor of the Chemical Weapons Working consistent with the provisions of sec- the one with the scoop. He had the best Group, which is based in Berea, KY. On tion 7(b)(6) of the Railroad Retirement contacts and knew how to work them. Thursday, December 11, Craig will re- Act and section 12(1) of the Railroad He was a mentor to many, including ceive the Public Interest Research Unemployment Insurance Act. Charles Kuralt, whose own distin- Group’s annual John O’Connor Citizen GEORGE W. BUSH. guished career took him to CBS News, Achievement Award. THE WHITE HOUSE, December 8, 2003. David Cooper, retired editorial page The O’Connor Award is presented an- f editor of the Akron, OH, Beacon-Jour- nually to a dedicated advocate for a nal, James Batten, the late president cleaner, better America. Craig Wil- MESSAGE FROM THE HOUSE of the Knight-Ridder Publishing Co., liams has dedicated his life to grass- RECEIVED DURING RECESS Joe Doster, retired publisher of the roots organizations safeguarding the The Secretary of the Senate, during Winston-Salem Journal and Eugene environment and protecting Americans the recess of the Senate, received a Roberts, retired managing editor of working and living near chemical message from the House of Representa- The New York Times. His competitors weapons storage facilities. He rightly tives announcing that the Speaker has admired him at the same time they deserves this tremendous honor. signed the following enrolled bills and were wondering how he always man- I have personally worked with Craig joint resolution: aged to get the story. for years on protecting the local citi- S. 459. An act to ensure that a public safety The qualities that made him such a zens and environment surrounding the officer who suffers a fatal heart attack or good reporter were his straightforward- Bluegrass Army Depot in central Ken- stroke while on duty shall be presumed to ness and his integrity. He was con- tucky. As the director of the Chemical have died in the line of duty for purposes of cerned about writing what was really Weapons Working Group, Craig was in- public safety officer survivor benefits. happening. He looked for pretension in strumental in ensuring the safest pos- H.J. Res. 80. Joint resolution appointing sible disposal of chemical weapons in the day for the convening of the second ses- politicians and avoided those personal- sion of the One Hundred Eighth Congress. ities. His emphasis was the common Kentucky. Craig has been a tireless advocate against the incineration of H.R. 1. An act to amend title XVIII of the man. He cared about North Carolina Social Security Act to provide for a vol- providing programs that truly met the these deadly weapons and has done a untary program for prescription drug cov- needs of children. remarkable job educating and mobi- erage under the Medicare Program, to mod- Jay counted among his close friends lizing the local communities sur- ernize the Medicare Program, to amend the former Senator Jesse Helms, whom he rounding these disposal sites across the Internal Revenue Code of 1986 to allow a de- met when both were students in the country. duction to individuals for amounts contrib- I congratulate Craig for receiving uted to health savings security accounts and late 1930s at what was then Wake For- this honor, and I thank him for his health saving accounts, to provide for the est College. He also was a close friend tireless advocacy on behalf of a cleaner disposition of unused health benefits in cafe- to former Governor and Senator Terry environment and protection of all teria plans and flexible spending arrange- Sanford. those living and working near chemical ments, and for other purposes. His reporting also led to several jour- H.R. 1437. An act to improve the United weapons storage facilities. I look for- nalism awards, including the National States Code. ward to working with Craig on future Sidney Hillman Award for investiga- H.R. 1813. An act to amend the Torture projects. I thank the Senate for allow- tive articles in the News & Observer ex- Victims Relief Act of 1998 to authorize ap- ing me to pay tribute to this dedicated propriations to provide assistance for domes- posing activities of the Klu Klux Klan Kentuckian.∑ tic and foreign centers and programs for the in North Carolina. In 1991, Jay Jenkins f treatment of victims of torture, and for was inducted into the North Carolina other purposes. Journalism Hall of Fame. MESSAGES FROM THE PRESIDENT H.R. 2297. An act to amend title 38, United Jay later joined UNC system Presi- Messages from the President of the States Code, to improve benefits under laws dent Bill Friday as a senior assistant. United States were communicated to administered by the Secretary of Veterans During his tenure with the university the Senate by Ms. Evans, one of his Affairs, and for other purposes. H.R. 2622. An act to amend the Fair Credit system, he expanded the concept of secretaries. public relations to be more than just Reporting Act, to prevent identity theft, im- f prove resolution of consumer disputes, im- reporting about the students. Most im- EXECUTIVE MESSAGES REFERRED prove the accuracy of consumer records, portantly, he originated and founded make improvements in the use of, and con- the television news show, North Caro- As in executive session the Presiding sumer access to, credit information, and for lina People, hosted by President Fri- Officer laid before the Senate messages other purposes.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16118 CONGRESSIONAL RECORD — SENATE December 9, 2003 H.R. 3287. An act to award congressional Smith of the District of Columbia and devices, and for other purposes; to the Com- gold medals posthumously on behalf of Rev- Ms. Jamie Fellner, Esq., of New York. mittee on Health, Education, Labor, and erend Joseph A. DeLaine, Harry and Eliza At 11:04 a.m., a message from the Pensions. Briggs, and Levi Pearson in recognition of House of Representatives, delivered by H.R. 2584. To provide for the conveyance to their contributions to the Nation as pioneers the Utrok Atoll local government of a de- in the effort to desegregate public schools Ms. Niland, one of its reading clerks, commissioned National Oceanic and Atmos- that led directly to the landmark desegrega- announced that the House has passed pheric Administration ship, and for other tion case of Brown et al. v. the Board of Edu- the following bills, without amend- purposes; to the Committee on Energy and cation of Topeka et al. ment: Natural Resources. H.R. 3348. An act to reauthorize the ban on S. 811. An act to support certain housing H.R. 2898. An act to improve homeland se- undetectable firearms. proposals in the fiscal year 2003 budget for curity, public safety, and citizen activated Under the authority of the order of the Federal Government, including the emergency response capabilities through the the Senate of November 25, 2003, on De- downpayment assistance initiative under the use of enhanced 911 wireless services, and for HOME Investment Partnership Act, and for other purposes; to the Committee on Com- cember 2, 2003, the enrolled bills and merce, Science, and Transportation. joint resolution were signed by the other purposes. S. 1683. An act to provide for a report on H.R. 2907. An act to provide for a land ex- Acting President pro tempore (Mr. the parity of pay and benefits among Federal change in the State of Arizona between the FRIST). law enforcement officers and to establish an Secretary of Agriculture and Yavapai Ranch f exchange program between Federal law en- Limited Partnership; to the Committee on Energy and Natural Resources. MESSAGES FROM THE HOUSE forcement employees and State and local law enforcement employees. H.R. 3108. An act to amend the Employee At 10:05 a.m., a message from the S. 1929. An act to amend the Employee Re- Retirement Income Security Act of 1974 and House of Representatives, delivered by tirement Income Security Act of 1974 and the the Internal Revenue Code of 1986 to tempo- Ms. Niland, one of its reading clerks, Public Health Service Act to extend the rarily replace the 30-year Treasury rate with mental health benefits parity provisions for a rate based on long-term corporate bonds announced that the House agreed to for certain pension plan funding require- the amendment of the Senate to the an additional year. S. 1947. An act to prohibit the offer of cred- ments and other provisions, and for other amendment of the House to the bill (S. it by a financial institution to a financial in- purposes; to the Committee on Finance. 877) to regulate interstate commerce stitution examiner, and for other purposes. H.R. 3181. An act to amend the Robert T. by imposing limitations and penalties Stafford Disaster Relief and Emergency As- The message also announced that the on the transmission of unsolicited com- sistance Act to reauthorize the predisaster House has passed the following bill and mercial electronic mail via the Inter- mitigation program, and for other purposes; joint resolution, in which it requests net. to the Committee on Environment and Pub- the concurrence of the Senate: lic Works. The message also announced that the H.R. 3214. An act to eliminate the substan- House agreed to the amendment of the H.R. 3652. An act to amend the Internal Revenue Code of 1986 to modify the taxation tial backlog of DNA samples collected from Senate to the amendment of the House of imported archery products. crime scenes and convicted offenders, to im- to the bill (S. 1680) to reauthorize the H.J. Res. 82. Joint resolution making fur- prove and expand the DNA testing capacity Defense Production Act of 1950, and for ther continuing appropriations for the fiscal of Federal, State, and local crime labora- other purposes. year 2004, and for other purposes. tories, to increase research and development The message further announced that of new DNA testing technologies, to develop The message further announced that new training programs regarding the collec- the House agreed to the amendment of the House has agreed to the following the Senate to the bill (H.R. 100) to re- tion and use of DNA evidence, to provide concurrent resolution, in which it re- post-conviction testing of DNA evidence to state, clarify, and revise the Soldiers’ quests the concurrence of the Senate. exonerate the innocent, to improve the per- and Sailors’ Civil Relief Act of 1940. H. Con. Res. 345. Concurrent resolution au- formance of counsel in State capital cases, The message also announced that the thorizing the printing as a House document and for other purposes; to the Committee on House agreed to the amendments of the of the transcripts of the proceedings of ‘‘The the Judiciary. Senate to the bill (H.R. 622) to provide Changing Nature of the House Speakership: H.R. 3521. An act to amend the Internal for the exchange of certain lands in the The Cannon Centenary Conference,’’ spon- Revenue Code of 1986 to extend certain expir- Coconino and Tonto National Forests sored by the Congressional Research Service ing provisions, and for other purposes; to the in Arizona, and for other purposes. on November 12, 2003. Committee on Finance. H.R. 3652. An act to amend the Internal The message further announced that f Revenue Code of 1986 to modify the taxation the House agreed to the amendments of MEASURES REFERRED of imported archery products; to the Com- the Senate to the bill (H.R. 1006) to mittee on Finance. amend the Lacey Act Amendments of The following bills were read the first and the second times by unanimous The following concurrent resolution 1981 further the conservation of certain was read, and referred as indicated: wildlife species. consent, and referred as indicated: H. Con. Res. 206. Concurrent resolution H.R. 7. An act to amend the Internal Rev- The message also announced that the supporting the National Marrow Donor Pro- enue Code of 1986 to provide incentives for House agreed to the amendment of the gram and other bone marrow donor programs charitable contributions by individuals and Senate to the bill (H.R. 1012) to estab- and encouraging Americans to learn about business, and for other purposes; to the Com- lish the Carter G. Woodson Home Na- the importance of bone marrow donation; to mittee on Finance. the Committee on Health, Education, Labor, tional Historic Site in the District of H.R. 153. An act to restore the second and Pensions. Columbia, and for other purposes. amendment rights of all Americans; to the The message further announced that Committee on Energy and Natural Re- f the House agreed to the report of the sources. committee of conference on the dis- H.R. 253. An act to amend the National ENROLLED BILL PRESENTED agreeing votes of the two Houses on Flood Insurance Act of 1968 to reduce losses The Secretary of the Senate reported the amendment of the Senate to the to properties for which repetitive flood in- that on December 3, 2003, she had pre- bill (H.R. 2673) making appropriations surance claim payments have been made; to sented to the President of the United for Agriculture, Rural Development, the Committee on Banking, Housing, and Urban Affairs. States the following enrolled bill: Food and Drug Administration, and H.R. 408. An act to provide for expansion of S. 459. An act to ensure that a public safety Related Agencies for the fiscal year Sleeping Bear Dunes National Lakeshore; to officer who suffers a fatal heart attack or ending September 30, 2004, and for the Committee on Energy and Natural Re- stroke while on duty shall be presumed to other purposes. sources. have died in the line of duty for purposes of The message also announced that H.R. 1964. To assist the States of Con- public safety officer survivor benefits. pursuant to section 7(b)(1) of the Pris- necticut, New Jersey, New York, and Penn- f on Rape Elimination Act of 2003 (Pub- sylvania in conserving priority lands and lic Law 108–79), the Minority Leader natural resources in the Highlands region, REPORTS OF COMMITTEES and for other purposes; to the Committee on appoints the following individuals on Energy and Natural Resources. The following reports of committees the part of the House of Representa- H.R. 2218. To amend the Federal Food, were submitted: tives to the National Prison Rape Re- Drug, and Cosmetic Act to provide for the By Ms. COLLINS, from the Committee on duction Commission: Ms. Brenda V. regulation of all contact lenses as medical Governmental Affairs:

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16119 Report to accompany S. 1522, a bill to pro- appeared in the Congressional Record on No- of the United States of America to the King- vide new human capital flexibility with re- vember 17, 2003. dom of Saudi Arabia. spect to the GAO, and for other purposes Army nomination of Gary R. McMeen. The Senate Committee on Banking, (Rept. No. 108-216). Marine Corps nomination of Michael S. Housing, and Urban Affairs was dis- Report to accompany S. 1612, a bill to es- Nisley. tablish a technology, equipment, and infor- Marine Corps nominations beginning Leon- charged from further consideration of mation transfer within the Department of ard Halik III and ending Ernest R. Hines, the following nominations and the Homeland Security (Rept. No. 108–217). which nominations were received by the Sen- nominations were confirmed: By Mr. INHOFE, from the Committee on ate and appeared in the Congressional Joseph Max Cleland, of Georgia, to be a Environment and Public Works, with amend- Record on February 1, 2003. Member of the Board of Directors of the Ex- ments and an amendment to the title: Marine Corps nomination of David B. port-Import Bank of the United States for a S. 156. A bill to amend the Atomic Energy Morey. term expiring January 20, 2007. Act of 1954 to reauthorize the Price-Anderson Navy nomination of Patrick J. Moran. April H. Foley, of New York, to be First provisions (Rept. No. 108–218). Navy nomination of Lawrence J. Chick. Vice President of the Export-Import Bank of By Mr. McCAIN, from the Committee on Navy nomination of Robert E. Vincent II. the United States for the remainder of the Commerce, Science, and Transportation, Navy nominations beginning Rodney A term expiring January 20, 2005. with amendments: Bolling and ending Jay S Vignola, which f S. 1401. A bill to reauthorize the National nominations were received by the Senate and Oceanic and Atmospheric Administration, appeared in the Congressional Record on No- INTRODUCTION OF BILLS AND and for other purposes (Rept. No. 108–219). vember 3, 2003. JOINT RESOLUTIONS By Mr. GREGG, from the Committee on By Mr. SHELBY for the Committee on The following bills and joint resolu- Health, Education, Labor, and Pensions, Banking, Housing, and Urban Affairs. tions were introduced, read the first without amendment: *Thomas J. Curry, of Massachusetts, to be S. 1879. A bill to amend the Public Health a Member of the Board of Directors of the and second times by unanimous con- Service Act to revise and extend provisions Federal Deposit Insurance Corporation for a sent, and referred as indicated: relating to mammography quality standards term of six years. By Mr. GRAHAM of Florida: (Rept. No. 108–220). *Alicia R. Castaneda, of the District of Co- S. 1980. A bill to amend the Help America lumbia, to be a Director of the Federal Hous- Vote Act of 2002 to require a voter-verified f ing Finance Board for a term expiring Feb- permanent record or hardcopy under title III EXECUTIVE REPORTS OF ruary 27, 2004. of such Act, and for other purposes; to the COMMITTEES *Alicia R. Castaneda, of the District of Co- Committee on Rules and Administration. lumbia, to be a Director of the Federal Hous- By Mr. SANTORUM: The following executive reports of ing Finance Board for a term expiring Feb- S. 1981. A bill to amend the Constitution committees were submitted on Novem- ruary 27, 2011. Heritage Act of 1988 to provide for the oper- ber 21, 2003: By Mr. GRASSLEY for the Committee on ation of the National Constitution Center; to Mr. WARNER. Mr. President, for the Finance. the Committee on Energy and Natural Re- Committee on Armed Services I report *Arnold I. Havens, of Virginia, to be Gen- sources. favorably the following nomination eral Counsel for the Department of the By Mr. SCHUMER (for himself, Mr. lists which were printed in the Treasury. HATCH, and Mr. DURBIN): By Ms. COLLINS for the Committee on S. 1982. A bill to establish within the RECORDS on the dates indicated, and Governmental Affairs. United States Marshalls Service a short ask unanimous consent, to save the ex- *James M. Loy, of Virginia, to be Deputy term State witness protection program to pense of reprinting on the Executive Secretary of Homeland Security. provide assistance to State and local district Calendar that these nominations lie at *Scott J. Bloch, of Kansas, to be Special attorneys to protect their witnesses in homi- the Secretary’s desk for the informa- Counsel, Office of Special Counsel, for the cide and major violent crimes cases and to tion of Senators. term of five years. provide Federal grants for such protection; By Mr. SPECTER for the Committee on to the Committee on the Judiciary. Air Force nomination of Mary J. Quinn. Veterans’ Affairs. Alan G. Lance, Sr., of By Mr. SCHUMER (for himself, Mr. Air Force nominations beginning Chris- Idaho, to be a Judge of the United States REED, Mrs. CLINTON, Mrs. FEINSTEIN, topher C. Erickson and ending Mark A. Court of Appeals for Veterans Claims for the and Mr. DURBIN): Mcclain, which nominations were received term prescribed by law. S. 1983. A bill to amend title 18 of the by the Senate and appeared in the Congres- Lawrence B. Hagel, of Virginia, to be a United States Code, to enhance the author- sional Record on November 17, 2003. Judge of the United States Court of Appeals ity of the Bureau of Alcohol, Tobacco, Fire- Army nomination of Lance A. Betros. for Veterans Claims for the term prescribed arms, and Explosives to enforce the compli- Army nominations beginning Thomas B. by law. ance of gun dealers with Federal firearms Sweeney and ending Paul L. Zanglin, which *Cynthia R. Church, of Virginia, to be an laws, and for other purposes; to the Com- nominations were received by the Senate and Assistant Secretary of Veterans Affairs mittee on the Judiciary. appeared in the Congressional Record on Oc- (Public and Intergovernmental Affairs). By Mr. GRASSLEY (for himself and tober 30, 2003. *Robert N. McFarland, of Texas, to be an Mr. BAUCUS): Army nominations beginning John D. Assistant Secretary of Veterans Affairs (In- S. 1984. A bill to amend the Internal Rev- Mcgowan II and ending Kenneth E. Nettles, formation and Technology). enue Code of 1986 to make technical correc- which nominations were received by the Sen- *Gordon H. Mansfield, of Virginia, to be tions, and for other purposes; to the Com- ate and appeared in the Congressional Deputy Secretary of Veterans Affairs. mittee on Finance. Record on November 17, 2003. By Mrs. FEINSTEIN: Army nominations beginning Vernal G. *Nomination was reported with rec- S. 1985. A bill for relief of Benjamin Anderson and ending Donald J. Kerr, which ommendation that it be confirmed sub- Cabrera-Gomez and Londy Patricia; to the nominations were received by the Senate and ject to the nominee’s commitment to Committee on the Judiciary. appeared in the Congressional Record on No- respond to requests to appear and tes- By Mrs. CLINTON: vember 17, 2003. tify before any duly constituted com- S. 1986. A bill to amend the help America Army nominations beginning Gaston P. mittee of the Senate. Vote Act of 2002 to require voter verification Bathalon and ending Paula J. Rutan, which (Nominations without an asterisk and improved security for voting systems nominations were received by the Senate and under title III of the Act, and for other pur- appeared in the Congressional Record on No- were reported with the recommenda- poses; to the Committee on Rules and Ad- vember 17, 2003. tion that they be confirmed.) ministration. Army nomination of William B. Carr, Jr. f By Mr. LUGAR: Army nominations beginning John E. At- S. 1987. A bill to implement the obligations wood and ending William E. Zoesch, which DISCHARGED NOMINATIONS of the United States under the Protocol Ad- nominations were received by the Senate and The Senate Committee on Foreign ditional to the Agreement between the appeared in the Congressional Record on No- Relations was discharged from further United States of America and the Inter- vember 17, 2003. consideration of the following nomina- national Atomic Energy Agency for the Ap- Army nominations beginning Cheryl Kyle plication of Safeguards in the United States and ending Terry C. Washam, which nominations and the nominations were con- of America, known as ‘‘the Additional Pro- tions were received by the Senate and ap- firmed: tocol’’ signed by the United States on June peared in the Congressional Record on No- David C. Mulford, of Illinois, to be Ambas- 12, 1998; to the Committee on Foreign Rela- vember 17, 2003. sador Extraordinary and Plenipoltentiary of tions. Army nomination beginning Michael A. the United States of America to India. By Mr. DASCHLE (for Mr. EDWARDS): Buley and ending Gary M. Zaucha, which James C. Oberwetter, of Texas, to be Am- S. 1988. A bill to amend titles XVIII and nominations were received by the Senate and bassador Extraordinary and Plenipotentiary XIX of the Social Security Act to establish

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16120 CONGRESSIONAL RECORD — SENATE December 9, 2003 minimum requirements for nurse staffing in S. 1999. A bill to amend part D of title ADDITIONAL COSPONSORS nursing facilities receiving payments under XVIII of the Social Security Act, as added by S. 59 the Medicare or Medicaid Program; to the the Medicare Prescription Drug, Improve- Committee on Finance. ment, and Modernization Act of 2003, to pro- At the request of Mr. INOUYE, the By Mr. DAYTON: vide for negotiation of fair prices for medi- name of the Senator from North Da- S. 1989. A bill to provide that, for purposes care prescription drugs; to the Committee on kota (Mr. DORGAN) was added as a co- of making determinations for certain trade Finance. sponsor of S. 59, a bill to amend title remedies and trade adjustment assistance, By Mrs. FEINSTEIN (for herself and 10, United States Code, to permit imported semi-finished steel slabs and taco- Mrs. HUTCHISON): former members of the Armed Forces nite pellets produced in the United States S. 2000. A bill to extend the special postage who have a service-connected dis- shall be considered to be articles like or di- stamp for breast cancer research for 2 years; ability rated as total to travel on mili- rectly competitive with each other; to the considered and passed. tary aircraft in the same manner and Committee on Finance. By Mr. INOUYE (for himself and Mr. to the same extent as retired members By Mr. DAYTON: AKAKA): S. 1990. A bill to authorize the Economic S. 2001. A bill to authorize an additional of the Armed Forces are entitled to Development Administration to make grants permanent judgeship for the district of Ha- travel on such aircraft. to producers of taconite for implementation waii, and for other purposes; to the Com- S. 344 of new technologies to increase productivity, mittee on the Judiciary. At the request of Mr. AKAKA, the to reduce costs, and to improve overall prod- By Mr. BAUCUS (for himself and Mr. name of the Senator from Oregon (Mr. uct quality and performance; to the Com- CRAIG): SMITH) was added as a cosponsor of S. mittee on Environment and Public Works. S. 2002. A bill to improve and promote com- 344, a bill expressing the policy of the By Mr. DASCHLE (for Mr. KERRY (for pliance with international intellectual prop- United States regarding the United himself and Mr. KENNEDY)): erty obligations relating to the Republic of S. 1991. A bill to require the reimburse- Cuba, and for other purposes; to the Com- States relationship with Native Hawai- ment of members of the Armed Forces or mittee on the Judiciary. ians and to provide a process for the their family members for the costs of protec- By Mrs. CLINTON: recognition by the United States of the tive body armor purchased by or on behalf of S. 2003. A bill to amend the Public Health Native Hawaiian governing entity, and members of the Armed Forces; to the Com- Service Act to promote higher quality health for other purposes. mittee on Armed Services. care and better health by strengthening S. 480 By Mr. KENNEDY: health information, information infrastruc- S. 1992. A bill to amend the Medicare Pre- At the request of Mr. HARKIN, the ture, and the use of health information by name of the Senator from South Caro- scription Drug, Improvement, and Mod- providers and patients; to the Committee on lina (Mr. HOLLINGS) was added as a co- ernization Act of 2003 to eliminate privatiza- Finance. tion of the medicare program, to improve the By Mr. GRASSLEY (for himself and sponsor of S. 480, a bill to provide com- medicare prescription drug benefit, to repeal Mr. FEINGOLD): petitive grants for training court re- health savings accounts, and for other pur- S. 2004. A bill to permanently reenact porters and closed captioners to meet poses; to the Committee on Finance. chapter 12 of title 11, United States Code, requirements for realtime writers By Mr. WARNER (for himself and Mrs. and for other purposes; to the Committee on under the Telecommunications Act of CLINTON): the Judiciary. 1996, and for other purposes. S. 1993. A bill to amend title 23, United S. 491 States Code, to provide a highway safety im- f provement program that includes incentives At the request of Mr. REID, the name of the Senator from California (Mrs. to States to enact primary safety belt laws; SUBMISSION OF CONCURRENT AND to the Committee on Environment and Pub- BOXER) was added as a cosponsor of S. lic Works. SENATE RESOLUTIONS 491, a bill to expand research regarding By Mr. DASCHLE (for Mr. FEINGOLD): The following concurrent resolutions inflammatory bowel disease, and for S. 1994. A bill to amend part D of title and Senate resolutions were read, and other purposes. XVIII of the Social Security Act to strike referred (or acted upon), as indicated: S. 533 the language that prohibits the Secretary of Health and Human Services from negotiating By Mr. COLEMAN: At the request of Mr. SCHUMER, the prices for prescription drugs furnished under S. Res. 279. A resolution recognizing the names of the Senator from Iowa (Mr. the medicare program; to the Committee on importance and contributions of sportsmen HARKIN), the Senator from Hawaii (Mr. Finance. to American society, supporting the tradi- INOUYE), the Senator from Massachu- By Mr. DASCHLE (for Mr. FEINGOLD): tions and values of sportsmen, and recog- setts (Mr. KENNEDY), the Senator from nizing the many economic benefits associ- S. 1995. A bill to amend title XVIII of the Georgia (Mr. MILLER), the Senator ated with outdoor sporting activities; to the Social Security Act to repeal the MA Re- from Arkansas (Mr. PRYOR), the Sen- gional Plan Stabilization Fund; to the Com- Committee on Environment and Public ator from Nevada (Mr. REID) and the mittee on Finance. Works. By Mr. DASCHLE: By Mrs. BOXER (for herself and Mrs. Senator from Nebraska (Mr. NELSON) S. 1996. A bill to enhance and provide to FEINSTEIN): were added as cosponsors of S. 533, a the Oglada Sioux Tribe and Angostura Irri- S. Res. 280. A resolution congratulating the bill to provide for a medal of appro- gation Project certain benefits of the Pick- San Jose Earthquakes for winning the 2003 priate design to be awarded by the Sloan Missouri River basin program; to the Major League Soccer Cup; considered and President to the next of kin or other Committee on Indian Affairs. agreed to. representative of those individuals By Mr. BYRD (for himself, Mr. BAYH, By Mr. FITZGERALD (for himself, Mr. killed as a result of the terrorist at- DURBIN, Mr. FRIST, Mr. DASCHLE, and and Mr. ROCKEFELLER): tacks of September 11, 2001. S. 1997. A bill to reinstate the safeguard Mr. DEWINE): measures imposed on imports of certain steel S. Res. 281. A resolution relative to the S. 736 products, as in effect on December 4, 2003; to death of the Honorable Paul Simon, a former At the request of Mr. ENSIGN, the the Committee on Finance. Senator from the State of Illinois; consid- name of the Senator from Virginia (Mr. By Mr. BINGAMAN (for himself, Ms. ered and agreed to. WARNER) was added as a cosponsor of S. SNOWE, Mr. SCHUMER, Mr. LEAHY, By Mr. STEVENS: 736, a bill to amend the Animal Welfare Mrs. CLINTON, Mr. NELSON of Ne- S. Res. 282. A resolution providing the Act to strengthen enforcement of pro- braska, Mrs. LINCOLN, Mr. HAGEL, Mr. funding to assist in meeting the official ex- visions relating to animal fighting, and penses of a preliminary meeting relative to JEFFORDS, Mr. DOMENICI, Mr. HARKIN, for other purposes. and Mr. PRYOR): the formation of a United States Senate- S. 1998. A bill to amend title 49, United China interparliamentary group; considered S. 976 States Code, to preserve the essential air and agreed to. At the request of Mr. WARNER, the service program; to the Committee on Com- By Mr. SESSIONS (for himself, Mr. name of the Senator from Illinois (Mr. merce, Science, and Transportation. SHELBY, Mr. INHOFE, Mr. BROWNBACK, FITZGERALD) was added as a cosponsor By Mr. DASCHLE (for himself, Ms. Mr. NICKLES, Mr. BUNNING, Mr. TAL- of S. 976, a bill to provide for the STABENOW, Mr. GRAHAM of Florida, ENT, Mr. CHAMBLISS, Mr. CRAIG, Mr. issuance of a coin to commemorate the Mr. KENNEDY, Mr. PRYOR, Mr. DOR- DOMENICI, Mr. KYL, and Mr. HOL- 400th anniversary of the Jamestown GAN, Mrs. BOXER, Mr. LAUTENBERG, LINGS): settlement. Mr. BINGAMAN, Ms. MIKULSKI, Mr. S. Res. 283. A resolution affirming the need JOHNSON, Mr. SCHUMER, Mr. KOHL, to protect children in the United States from S. 985 Ms. CANTWELL, and Mr. ROCKE- indecent programming; considered and At the request of Mr. GREGG, his FELLER): agreed to. name was added as a cosponsor of S.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16121 985, a bill to amend the Federal Law the Internal Revenue Code of 1986 to ance Act of 1981, and the Assets for Enforcement Pay Reform Act of 1990 to simplify certain provisions applicable Independence Act. adjust the percentage differentials pay- to real estate investment trusts. S. 1801 able to Federal law enforcement offi- S. 1645 At the request of Mrs. MURRAY, the cers in certain high-cost areas, and for At the request of Mr. CRAIG, the name of the Senator from Vermont other purposes. name of the Senator from Delaware (Mr. LEAHY) was added as a cosponsor S. 1010 (Mr. BIDEN) was added as a cosponsor of of S. 1801, a bill to promote the eco- At the request of Mr. HARKIN, the S. 1645, a bill to provide for the adjust- nomic security and safety of victims of name of the Senator from North Caro- ment of status of certain foreign agri- domestic and sexual violence, and for lina (Mr. EDWARDS) was added as a co- cultural workers, to amend the Immi- other purposes. sponsor of S. 1010, a bill to enhance and gration and Nationality Act to reform S. 1807 further research into paralysis and to the H–2A worker program under that At the request of Mr. MCCAIN, the improve rehabilitation and the quality Act, to provide a stable, legal agricul- names of the Senator from Massachu- of life for persons living with paralysis tural workforce, to extend basic legal setts (Mr. KENNEDY) and the Senator and other physical disabilities. protections and better working condi- from Massachusetts (Mr. KERRY) were S. 1032 tions to more workers, and for other added as cosponsors of S. 1807, a bill to At the request of Mr. SARBANES, the purposes. require criminal background checks on name of the Senator from California S. 1679 all firearms transactions occurring at (Mrs. BOXER) was added as a cosponsor At the request of Mr. BUNNING, the events that provide a venue for the of S. 1032, a bill to provide for alter- name of the Senator from Alabama sale, offer for sale, transfer, or ex- native transportation in certain feder- (Mr. SESSIONS) was added as a cospon- change of firearms, and for other pur- ally owned or managed areas that are sor of S. 1679, a bill to amend the Inter- poses. open to the general public. nal Revenue Code of 1986 to reduce the S. 1830 S. 1034 depreciation recovery period for roof At the request of Mr. BROWNBACK, the At the request of Mrs. FEINSTEIN, the systems. name of the Senator from New York (Mr. SCHUMER) was added as a cospon- name of the Senator from Ohio (Mr. S. 1700 sor of S. 1830, a bill to authorize appro- DEWINE) was added as a cosponsor of S. At the request of Mr. LEAHY, the priations for fiscal years 2004 and 2005 1034, a bill to repeal the sunset date on name of the Senator from Massachu- for the Trafficking Victims Protection the assault weapons ban, to ban the setts (Mr. KERRY) was added as a co- Act of 2000, and for other purposes. importation of large capacity ammuni- sponsor of S. 1700, a bill to eliminate tion feeding devices, and for other pur- the substantial backlog of DNA sam- S. 1882 poses. ples collected from crime scenes and At the request of Mr. LAUTENBERG, the name of the Senator from Ohio S. 1040 convicted offenders, to improve and ex- (Mr. DEWINE) was added as a cosponsor At the request of Mr. SHELBY, the pand the DNA testing capacity of Fed- name of the Senator from Idaho (Mr. eral, State, and local crime labora- of S. 1882, a bill to require that certain notifications occur whenever a query CRAIG) was added as a cosponsor of S. tories, to increase research and devel- 1040, a bill to repeal the current Inter- opment of new DNA testing tech- to the National Instant Criminal Back- nal Revenue Code and replace it with a nologies, to develop new training pro- ground Check System reveals that a flat tax, thereby guaranteeing eco- grams regarding the collection and use person listed in the Violent Gang and nomic growth and greater fairness for of DNA evidence, to provide post-con- Terrorist Organization File is attempt- all Americans. viction testing of DNA evidence to ex- ing to purchase a firearm, and for other purposes. S. 1091 onerate the innocent, to improve the S. 1907 At the request of Mr. DURBIN, the performance of counsel in State capital At the request of Mr. DASCHLE, the name of the Senator from Hawaii (Mr. cases, and for other purposes. name of the Senator from Arkansas AKAKA) was added as a cosponsor of S. S. 1702 (Mrs. LINCOLN) was added as a cospon- 1091, a bill to provide funding for stu- At the request of Mr. SMITH, the sor of S. 1907, a bill to promote rural dent loan repayment for public attor- name of the Senator from Washington safety and improve rural law enforce- neys. (Ms. CANTWELL) was added as a cospon- ment. S. 1177 sor of S. 1702, a bill to amend the Inter- S. 1925 At the request of Mr. KOHL, the name nal Revenue Code of 1986 to extend the At the request of Mr. KENNEDY, the exclusion from gross income for em- of the Senator from New Jersey (Mr. names of the Senator from North Da- LAUTENBERG) was added as a cosponsor ployer-provided health coverage to des- kota (Mr. DORGAN), the Senator from of S. 1177, a bill to prevent tobacco ignated plan beneficiaries of employ- Washington (Ms. CANTWELL) and the smuggling, to ensure the collection of ees, and for other purposes. Senator from Maryland (Mr. SARBANES) all tobacco taxes, and for other pur- S. 1736 were added as cosponsors of S. 1925, a poses. At the request of Mr. ENZI, the name bill to amend the National Labor Rela- S. 1252 of the Senator from Vermont (Mr. tions Act to establish an efficient sys- At the request of Mr. DAYTON, the LEAHY) was added as a cosponsor of S. tem to enable employees to form, join, name of the Senator from Washington 1736, a bill to promote simplification or assist labor organizations, to pro- (Ms. CANTWELL) was added as a cospon- and fairness in the administration and vide for mandatory injunctions for un- sor of S. 1252, a bill to provide benefits collection of sales and use taxes. fair labor practices during organizing to domestic partners of Federal em- S. 1748 efforts, and for other purposes. ployees. At the request of Mr. DEWINE, the S. 1928 S. 1431 names of the Senator from Indiana At the request of Mr. SARBANES, the At the request of Mr. LAUTENBERG, (Mr. LUGAR) and the Senator from New name of the Senator from North Caro- the name of the Senator from New Jersey (Mr. LAUTENBERG) were added as lina (Mr. EDWARDS) was added as a co- York (Mr. SCHUMER) was added as a co- cosponsors of S. 1748, a bill to establish sponsor of S. 1928, a bill to amend the sponsor of S. 1431, a bill to reauthorize a program to award grants to improve Truth in Lending Act to protect con- the assault weapons ban, and for other and maintain sites honoring Presidents sumers against predatory practices in purposes. of the United States. connection with high cost mortgage S. 1568 S. 1786 transactions, to strengthen the civil At the request of Mr. HATCH, the At the request of Mr. DASCHLE, his remedies available to consumers under names of the Senator from Arkansas name was added as a cosponsor of S. existing law, and for other purposes. (Mrs. LINCOLN) and the Senator from 1786, a bill to revise and extend the S. 1937 Florida (Mr. GRAHAM) were added as Community Services Block Grant Act, At the request of Mr. BAUCUS, the cosponsors of S. 1568, a bill to amend the Low-Income Home Energy Assist- names of the Senator from Louisiana

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16122 CONGRESSIONAL RECORD — SENATE December 9, 2003 (Mr. BREAUX), the Senator from Massa- (Mr. JEFFORDS) was added as a cospon- every vote really counts. It would pro- chusetts (Mr. KERRY) and the Senator sor of S. Res. 276, a resolution express- hibit the use of unreported software from West Virginia (Mr. ROCKEFELLER) ing the sense of the Senate regarding and wireless communication devices in were added as cosponsors of S. 1937, a fighting terror and embracing efforts all voting systems. It would also re- bill to amend the Internal Revenue to achieve Israeli-Palestinian peace. strict electronic communications from Code of 1986 to curtail the use of tax f voting machines, permitting outgoing shelters, and for other purposes. transmissions of vote totals only. STATEMENTS ON INTRODUCED S. 1973 The legislation specifies that voting BILLS AND JOINT RESOLUTIONS At the request of Mr. DEWINE, the systems must comply with these stand- name of the Senator from Wisconsin By Mr. GRAHAM of Florida: ards in time for the November 2004 gen- (Mr. FEINGOLD) was added as a cospon- S. 1980. A bill to amend the Help eral election. In the event that a local- sor of S. 1973, a bill to amend the Com- America Vote Act of 2002 to require a ity is unable to get their computer vot- munications Act of 1934 to protect the voter-verified permanent record or ing systems compliant by this dead- privacy rights of subscribers to wire- hardcopy under title III of such Act, line, they are authorized to use a paper less communications services. and for other purposes; to the Com- system as an interim measure. The At the request of Mr. FEINGOLD, the mittee on Rules and Administration. Federal Government would be author- name of the Senator from Vermont (At the request of Mr. DASCHLE, the ized to pay the cost of these paper sys- (Mr. LEAHY) was added as a cosponsor following statement was ordered to be tems for the November 2004 election. of S. 1973, supra. printed in the RECORD.) The Voter Confidence & Increased ∑ Accessibility Act also requires that in- S. 1974 Mr. GRAHAM of Florida. Mr. Presi- dividuals with disabilities must be ac- At the request of Mr. DASCHLE, the dent, today I rise to introduce the commodated with electronic voting name of the Senator from New York Voter Confidence and Increased Acces- systems by January 1, 2006, a year ear- (Mr. SCHUMER) was added as a cospon- sibility Act. lier than mandated by HAVA. While a sor of S. 1974, a bill to make improve- In 2000, Florida grabbed the national paper record of a disabled persons vote ments to the Medicare Prescriptions spotlight as an unfortunate example of is not expressly required, voting sys- Drug, Improvement, and Modernization an electoral process gone awry. The tems for disabled persons must include Act of 2003. question of who would assume our Na- tion’s highest office became contingent a means for voter verification. In the S. 1979 on such things as whether a chad was event a jurisdiction cannot meet this At the request of Mr. THOMAS, his bulging or hanging. In the aftermath of standard, disabled voters must be given name was added as a cosponsor of S. the option to utilize a temporary paper 1979, a bill to amend the Internal Rev- that debacle, Americans demand that Congress improve the accuracy and in- system, with the assistance of an aide enue Code of 1986 to prevent the fraud- of their choosing. ulent avoidance of fuel taxes. tegrity of our electoral process. Con- gress responded with the Help America Finally, the legislation would require S.J. RES. 26 Vote Act (HAVA), which we passed in the Election Assistance Commission to At the request of Mr. ALLARD, the 2002. conduct unannounced recounts in .5 name of the Senator from Alabama HAVA aimed to modernize our elec- percent of domestic jurisdictions and .5 (Mr. SHELBY) was added as a cosponsor toral system and there have been some percent of overseas jurisdictions. This of S.J. Res. 26, a joint resolution pro- positive developments. Under the law, way, Congress and America’s voters posing an amendment to the Constitu- States have replaced punch card and can be assured that the election equip- tion of the United States relating to lever voting systems with modern comment is operating properly, and votes marriage. puter voting machines. Modernization, are really being counted. S. CON. RES. 81 however, has failed to overcome all the Creating these new standards will help ensure that our elections accu- At the request of Mrs. FEINSTEIN, the pitfalls seen in recent elections. In rately reflect the intent of the voting name of the Senator from Alaska (Ms. 2002, Floridians were subject to another public, and put into place an election MURKOWSKI) was added as a cosponsor failure of our electoral process when a system in which Americans can have of S. Con. Res. 81, a concurrent resolu- software error failed to court approxi- full confidence.∑ tion expressing the deep concern of mately 100,000 votes. Congress regarding the failure of the As it now stands, computer-voting Islamic Republic of Iran to adhere to By Mrs. CLINTON: systems—including the popular touch S. 1986. A bill to amend the help its obligations under a safeguards screen models—are not mandated to in- America Vote Act of 2002 to require agreement with the International clude a paper record verifying voter in- voter verification and improved secu- Atomic Energy Agency and the engage- tent. In the absence of a paper trail, rity for voting systems under title III ment by Iran in activities that appear confirming the accuracy of a computer of the Act, and for other purposes; to to be designed to develop nuclear weap- voting machine is very difficult, some- the Committee on Rules and Adminis- ons. times even impossible. Further, voting tration. S. RES. 54 irregularities, security intrusions and Mrs. CLINTON. Mr. President, I rise At the request of Mr. MCCAIN, the electronic errors can go unnoticed. We to introduce the Protecting American name of the Senator from New Jersey have a duty to our democracy to con- Democracy Act of 2003, legislation that (Mr. CORZINE) was added as a cosponsor tinue to address challenges that is vital to ensuring that the voting sys- of S. Res. 54, a resolution to provide threaten to undermine the security and tems used in our Federal elections are Internet access to certain Congres- reliability of our electoral system. as secure as possible while also ensur- sional documents, including certain The Voter Confidence & Increased ing that each and every voter in our Congressional Research Service publi- Accessibility Act renews our commit- Nation has an equal opportunity to cations, certain Senate gift reports, ment to fulfilling that obligation. It verify his or her vote before that vote and Senate and Joint Committee docu- will take us one step closer to our ulti- is cast and permanently recorded. At ments. mate goal: ensuring that every vote its core, this legislation will ensure S. RES. 202 really counts. This legislation responds that every vote is properly counted, en- At the request of Mr. CAMPBELL, the to a set of challenges presented by suring the integrity of each vote, name of the Senator from Massachu- computer voting systems. It would re- which is at the heart of our democracy. setts (Mr. KENNEDY) was added as a co- quire all voting systems produce a In recent months, there has been dis- sponsor of S. Res. 202, a resolution ex- verifiable paper record. States would cussion about the increasing use of pressing the sense of the Senate re- also be given assistance in meeting this electronic voting systems such as di- garding the genocidal Ukraine Famine standard through funds dedicated to rect recording electronic systems of 1932–33. HAVA. (DREs), the first completely computer- S. RES. 276 The Voter Confidence & Increased ized voting systems. Computerized vot- At the request of Mrs. FEINSTEIN, the Accessibility Act also stipulates sev- ing systems can have many advan- name of the Senator from Vermont eral other provisions to ensure that tages. As the Congressional Research

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16123 Service has reported, they are arguably met. I have concerns, however, that ready completed the following report, the most user-friendly and versatile of our Nation is falling short of that must issue a report to Congress on the any current voting system. Among standard. operational and management systems many features, such voting machines That is why I am today introducing that should be employed to safeguard can be easily programmed to display the ‘‘Protecting American Democracy the security of voting systems, to- ballots in different languages and can Act of 2003,’’ which amends by adding a gether with a schedule for how quickly be made fully accessible for persons voter verification requirement for vot- each such measure should be imple- with disabilities, including the visually ing systems to give each voter an op- mented. impaired. They can also prevent over- portunity to verify his or her vote at Lastly, immediately upon enact- votes and spoilage of ballots due to ex- the time the vote is cast. Voters will be ment, the National Institute of Stand- traneous marks since no document bal- given an opportunity to correct any ards and technology (NIST) must pro- lot is involved. In addition, fully com- error made by the voting system before vide security consultation services to puterized systems have the ability to the permanent voting record is pre- State and local jurisdiction. Two mil- notify voters of undervotes. Presently, served. lion dollars in Fiscal Years 2004 no other kind of voting system pos- While requiring that all election ju- through 2006 are authorized to be ap- sesses so many features. For this rea- risdictions give voters the ability to propriated to assist NIST in providing son, it is expected that within the next verify their votes, this legislation also these security consultation services. two years, with funding authorized gives States and local jurisdictions the I cannot think of a more significant under the Help America Vote Act of flexibility to employ the most appro- risk to our democracy than for Ameri- 2002 (‘‘HAVA’’), state and local juris- priate, accurate, and secure voter cans to lack complete confidence in the dictions across the country will begin verification technologies, which may voting systems used to cast and count purchasing fully computerized systems. include voter-verifiable paper ballots, their votes in Federal elections. For all One of the disadvantages of these votemeters, modular voting architec- those who believe that in a democracy, there is no more important task than electronic voting systems, however, is ture, and/or encrypted votes, for their assuring the sanctity of votes, this that they do not give voters an oppor- State or jurisdiction in a uniform and should be an easy step to take to as- tunity to verify their votes—to confirm nondiscriminatory manner. Any voter sure it. For this reason, I urge all of that the voting machinery is reg- verification method used must ensure my colleagues to support this legisla- istering the vote that the voter in- that voters with disabilities and other tion. I ask unanimous consent that the tended to cast—before the vote is cast affected voters have the ability to cast text of this bill be printed in the and permanently recorded. In addition, their vote in private, and language mi- RECORD. electronic voting systems raise other norities must have equal access in There being no objection, the mate- concerns because of the ability of the verifying their vote. This is important rial was ordered to be printed in the software in the voting system to be if we are to ensure that all Ameri- RECORD, as follows: compromised, or worse, maliciously at- cans—including the more than 20 mil- S. 1986 tacked, by someone who may want to lion voters who are visually impaired, Be it enacted by the Senate and House of Rep- alter the voting results. Indeed, a num- the more than 40 million Americans resentatives of the United States of America in ber of recent studies, including the who lack basic literacy skills, and mil- Congress assembled, July 2001 study by Caltech/MIT, the lions of language minorities—will be SECTION 1. SHORT TITLE. July 2003 study by Johns Hopkins and able to exercise their constitutional This Act may be cited as the ‘‘Protecting Rice universities, the September 2003 right to vote. American Democracy Act of 2003’’. study by the Science Applications To address critical security issues, SEC. 2. REQUIRING VERIFICATION FOR VOTERS. International Corporation, requested the ‘‘Protecting American Democracy (a) IN GENERAL.—Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. by the Governor of Maryland, and the Act of 2003’’ also amends HAVA by add- 15481(a)(2)) is amended by adding at the end two November 2003 studies conducted ing a security requirement for voting the following new subparagraph: by Compuware Corporation and systems to ensure that voting systems ‘‘(C) VOTER VERIFICATION.— InfoSENTRY, requested by the Ohio are as secure as possible. Specifically, ‘‘(i) The voting system shall provide a Secretary of State, pointed to signifi- voting systems must adhere to the se- means by which each individual voter must cant and disturbing security risks in curity requirements for Federal com- be able to verify his or her vote at the time electronic voting systems and related puter systems as required under cur- the vote is cast, and shall preserve each vote within the polling place on the day of the administrative procedures and proc- rent law or, alternatively, more strin- election in a manner that ensures the secu- esses. gent requirements adopted by the Elec- rity of the votes as verified for later use in That is why in addition to ensuring tion Assistance Commission. Currently any audit. that voters have an opportunity to no such requirement exists. I believe ‘‘(ii) The voting system shall provide the verify their vote, it is vital that we im- that, at minimum, the systems used by voter with an opportunity to correct any prove the security of voting system the people of the United States to exer- error made by the system before the perma- technology, and that means not only cise their constitutional right to vote, nent record is preserved for use in any audit. the kind of software that is used but the hallmark of our democracy, should ‘‘(iii) The verified vote produced under this also how, for example, that software is subparagraph shall be available as an official be at least as secure as the computer record. designed, stored, disseminated, up- systems used by the Federal Govern- ‘‘(iv) Any method used to permit the indi- dated, field tested, and used in an ac- ment. vidual voter to verify his or her vote at the tual election. This is a developing con- The security requirements must also time the vote is cast and before a permanent sensus among computer security ex- provide that no voting system shall record is created— perts that not only is the security of contain any wireless device, which re- ‘‘(I) shall use the most accurate tech- electronic voting systems wholly inad- duces the risk that hackers will be able nology, which may include voter-verifiable equate, but that the security policies to attack any electronic voting sys- paper ballots, votemeters, modular voting and procedures that State and local tem. In addition, all software and hard- architecture, and encrypted votes, in a uniform and nondiscriminatory manner; election officials, voting system ven- ware used in any electronic voting sys- ‘‘(II) shall guarantee voters with disabil- dors, and others use are non-existent, tem must be certified by laboratories ities and other affected voters the ability to inadequate, or, if they exist, are not accredited by the Commission as meet- cast a vote in private, consistent with para- followed, which is the same as having ing all security requirements. graph (3)(A); and no policy at all. The Act also requires the Election ‘‘(III) shall guarantee voters alternative Our Nation is the greatest Nation on Assistance Commission to report to language accessibility under the require- earth and it is the leading democracy Congress within 6 months of enactment ments of section 203 of the Voting Rights Act in the world. Central to that democ- regarding a proposed security review of 1965 (42 U.S.C. 1973aa–1a), consistent with racy is ability of Americans to have and certification process for all voting paragraph (4).’’. SEC. 3. REQUIRING INCREASED SECURITY FOR confidence in the voting system used to systems. Within 3 months of enact- VOTING SYSTEMS. register and record their votes. This is ment, the Government Accounting Of- (a) Section 301(a) of the Help America Vote a fundamental standard that must be fice, unless the Commission has al- Act of 2002 (42 U.S.C. 15481(a)) is amended by

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16124 CONGRESSIONAL RECORD — SENATE December 9, 2003 adding at the end the following new para- considered in conjunction with the to U.S. national security interests, the graph: Senate’s advice and consent on the United States has the right, through ‘‘(7) INCREASED SECURITY FOR VOTING SYS- Protocol. The adoption of this agree- the National Security Exclusion, to TEMS.— ment is an important step in dem- prevent such an inspection. ‘‘(A) VOTING SYSTEM SECURITY REQUIRE- onstrating U.S. leadership in the fight The Committee on Foreign Relations MENT.—The voting system shall adhere to security requirements for Federal computer against the spread of nuclear weapons. will hold hearings early next year to systems or more stringent requirements The Additional Protocol will provide consider the Additional Protocol. I am adopted by the Election Assistance Commis- the United States and the IAEA with confident the Committee will draft a sion after receiving recommendations from another tool as we attempt to secure resolution of ratification that will the Technical Guidelines Development Com- broader inspection rights in non-nu- enjoy the support of the senate. Ratifi- mittee under sections 221 and 222. Such re- clear-weapon states that are parties to cation of this treaty and passage of its quirements shall provide that no voting sys- the Treaty on the Nonproliferation of implementing legislation would be an tem shall contain any wireless device. All Nuclear Weapons, NPT. important demonstration of the U.S. software and hardware used in any electronic commitment to vigorous and expansive voting system shall be certified by labora- When the Committee on Foreign Re- tories accredited by the Commission as lations reported out the NPT in 1968, it authority for the IAEA in non-nuclear- meeting the requirements of this subsection. noted that ‘‘the treaty’s fundamental weapon states. ‘‘(B) REPORT TO CONGRESS ON SECURITY RE- purpose is to slow the spread of nuclear I am pleased to introduce this legis- VIEW.—The Commission, in consultation weapons by prohibiting the nuclear lation today as a statement of the with the National Institute of Standards and weapon states which are party to the Committee’s strong support for aggres- Technology (NIST), shall report to Congress treaty from transferring nuclear weap- sive verification capabilities in the not later than 6 months after the date of en- ons to others, and by barring the non- global fight against the spread of weap- actment of the Protecting American Democ- nuclear weapon countries from receiv- ons of mass destruction. I look forward racy Act of 2003 regarding a proposed secu- to working closely with my friend, rity review and certification process for all ing, manufacturing, or otherwise ac- Senator HATCH, Chairman of the Com- voting systems. quiring nuclear weapons.’’ Since the ‘‘(C) GENERAL ACCOUNTING OFFICE REPORT.— Senate ratified the NPT, we have seen mittee on the Judiciary, to construct Not later than 3 months after the date of en- 188 states join the United States in ap- legislation that protects U.S. national actment of the Protecting American Democ- proving the treaty. But recently we security interests, while strengthening racy Act of 2003, the Government Accounting also have seen a disturbing increase in the ability of the IAEA to discover ille- Office, unless the Commission has previously the global availability of nuclear mate- gal nuclear weapons activities. completed such report, shall issue a report to rials and reprocessing and enrichment the package I send to the desk today Congress on the operational and manage- contains a letter from the Department ment systems that should be employed to technology. To ensure that these materials and technologies are devoted only of State, the administration’s imple- safeguard the security of voting systems, to- menting legislation, and a section-by- gether with a schedule for how quickly each to peaceful purposes, the IAEA must section analysis, all submitted by the such system should be implemented. have the power to conduct intrusive in- administration. ‘‘(D) PROVISION OF SECURITY CONSULTATION spections at almost any location in a I ask unanimous consent that the SERVICES.— non-nuclear-weapon state to verify referenced letter and analysis be print- ‘‘(i) IN GENERAL.—On and after the date of state parties’ commitments under the enactment of the Protecting American De- ed in the RECORD. mocracy Act of 2003, the National Institute NPT. There being no objection, the addi- The world community has learned of Standards and Technology (NIST) shall tional material was ordered to be that existing safeguard arrangements provide security consultation services to printed in the RECORD, as follows: State and local jurisdictions. in non-nuclear-weapon states do not UNITED STATES DEPARTMENT OF ‘‘(ii) AUTHORIZATION.—To carry out the provide the IAEA with a complete and STATE, purposes of this subparagraph, $2,000,0000 is accurate picture of possible nuclear Washington, DC. authorized for each of fiscal years 2004 weapons-related activities. It is crit- Hon. RICHARD G. LUGAR, through 2006.’’. ical that the IAEA have the ability to Chairman, Committee on Foreign Relations, SEC. 4. EFFECTIVE DATE. expand the scope of its activities in United States Senate. The amendments made by this Act shall states that pose a potential prolifera- DEAR MR. CHAIRMAN: On behalf of the take effect as if included in the enactment of President, I am pleased to submit for consid- the Help America Vote Act of 2002. tion threat. At this point, the only eration the Administration’s recommended means at the IAEA’s disposal, beyond text for legislation to implement the Pro- By Mr. LUGAR: existing safeguards arrangements, is tocol Additional to the Agreement Between S. 1987. A bill to implement the obli- the Model Additional Protocol. the United States of America and the Inter- gations of the United States under the The United States, as a declared nu- national Atomic Energy Agency for Applica- Protocol Additional to the Agreement clear-weapon state party to the NPT, tion of Safeguards in the United States of between the United States of America may exclude the application of IAEA America (U.S.–IAEA Additional Protocol). safeguards on its nuclear activities. The U.S.–IAEA Additional Protocol, signed and the International Atomic Energy in Vienna on June 12, 1998, is a bilateral trea- Agency for the Application of Safe- Under the negotiated Additional Pro- ty that supplements and amends the Agency guards in the United States of Amer- tocol, the United States also has the verification arrangements under the existing ica, known as ‘‘the Additional Pro- right to exclude activities and sites of Agreement Between the United States of tocol’’ signed by the United States on direct national security significance in America and the International Atomic En- June 12, 1998; to the Committee on For- accordance with its National Security ergy Agency for the Application of Safe- eign Relations. exclusion. This provision is crucial to guards in the United States of America of Mr. LUGAR. Mr. President, at the re- U.S. acceptance of the Additional Pro- November 18, 1977 (the ‘‘Voluntary Offer’’), which entered into force on December 9, 1980. quest of the administration, I am tocol and provides a basis for the pro- The U.S.–IAEA Additional Protocol con- pleased to introduce the Additional tection of U.S. nuclear weapons-related tains a number of provisions that require im- Protocol Implementation Act of 2003. activities, sites, and materials as a de- plementing legislation to give them effect This important legislation is needed to clared nuclear power. within the United States. These include: implement the provisions of the Pro- The Additional Protocol does not Declarations of U.S. civil nuclear activi- contain any new arms control or disar- ties and related industry; tocol to the Agreement of the Inter- Restrictions on disclosure of information; national Atomic Energy Agency, IAEA, mament obligations for the United and Regarding Safeguards in the United States. While there are increased International inspections of locations in States. rights granted to the IAEA for the con- the United States. The United States signed the Addi- duct of inspections in the United The President, in his letter of transmission tional Protocol in Vienna on June 12, States, the administration has assured dated May 9, 2002, stated that the U.S.–IAEA 1998. President Bush submitted the Ad- the committee that the likelihood of ‘‘Additional Protocol is in the best interests of the United States. Our acceptance of this ditional Protocol to the Senate on May an inspection occurring in the United agreement will sustain our longstanding 9, 2002. The State Department sent the States is very low. Nevertheless, record of voluntary acceptance of nuclear implementing legislation to us on No- should an inspection under the Addi- safeguards and greatly strengthen our abil- vember 19, 2003, and asked that it be tional Protocol be potentially harmful ity to promote universal adoption of the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16125 Model Protocol, a central goal of my nuclear Treaty (NPT), the urgency of strengthening such activities, the United States may man- nonproliferation policy. Widespread accept- its safeguards system, and the need to imple- age access in connection with such activi- ance of the Protocol will contribute signifi- ment the U.S.-IAEA Additional Protocol as a ties, locations or information. These rights cantly to our nonproliferation objectives as means of encouraging other NPT State Par- are unilateral and absolute; they are not well as strengthen U.S., allied and inter- ties to accept stricter verification measures. subject to challenge by or negotiation with national security.’’ We urge the Senate to The fourth section provides definitions of the IAEA. Furthermore, Article 7 of the Ad- give early and favorable consideration to the key terms as they are used in the Act. In ditional Protocol provides for managed ac- Protocol and the recommended imple- many instances, the same definitions appear cess, under arrangements with the IAEA, to menting legislation. in the Additional Protocol, and are therefore prevent the dissemination of proliferation The Office of Management and Budget ad- cross-referenced. Finally, the fifth section sensitive information, to meet safety or vises that there is no objection to the sub- provides that, if any provision of the Act is physical protection requirements, or to pro- mission of this proposal and its enactment, held invalid, the remainder of the Act shall tect proprietary or commercially sensitive is in accord with the President’s program. remain in force. The Administration believes information. Third, Section 202(d)(2) lists a We hope this information and the enclosed that the Additional Protocol and the Act are series of items that are specifically excluded recommended legislation and sectional anal- fully consistent with the U.S. Constitution, from IAEA access. This third set of excep- ysis are helpful. Please let us know if we can but has included this section as a matter of tions, which are mainly directed at pro- be of further assistance. prudence. tecting commercial information, may not Sincerely, TITLE I—AUTHORIZATION however be enforced if the Additional Pro- tocol requires such disclosure. Section 202(e) PAUL V. KELLY, Title I authorizes the President to imple- requires that all persons participating in Assistant Secretary, ment and carry out the provisions of the Act complementary access, including U.S. rep- Legislative Affairs. and the Additional Protocol. This is to be ac- resentatives, observe all environmental, complished through an Executive Order des- SECTION-BY-SECTION ANALYSIS OF THE PRO- health, safety and security regulations appli- ignating Agencies to promulgate regulations POSED ADDITIONAL PROTOCOL TO THE U.S.- cable for the inspected location. requiring, inter alia, submission to the IAEA SAFEGUARDS AGREEMENT IMPLEMEN- Section 203 provides the legal framework United States Government of information TATION ACT OF 2003 for IAEA inspectors to gain complementary specified under Article 2 of the Additional access to U.S. locations under the Additional OVERVIEW Protocol. This information is necessary for The Protocol Additional to the Agreement Protocol. Section 203(a) sets forth three the United States to fulfill its Treaty obliga- grounds for such access: warrantless access, between the United States of America and tion to provide the IAEA with a broad dec- where the Fourth Amendment of the U.S. the International Atomic Energy Agency laration of its civil nuclear and nuclear-re- Constitution does not require a warrant; (IAEA) for the Application of Safeguards in lated activities. While the Agencies most consent to the access by the owner/operator the United States of America (the Additional likely to issue or amend such regulations are of the location; or, where necessary, obtain- Protocol) contains a number of provisions identified in Section 101(a) of the Act, this ing an administrative search warrant. Sec- that require legislation to give them effect list is not exclusive. tion 203(a)(2) makes clear that the legisla- within the United States. These include pro- TITLE II—COMPLEMENTARY ACCESS tion is intended to impose no warrant revisions on the submission to the United Title II sets forth the terms under which quirement beyond that which is required by States Government of civil nuclear and nu- complementary access may occur in the the Fourth Amendment. Where such a war- clear-related information by entities identi- United States. Section 201 of the Act makes rant requirement exists, Section 203(a)(1) di- fied in Article 2 of the Additional Protocol, clear that the IAEA may not conduct com- rects the United States Government first to and on civil and criminal penalties for fail- plementary access in the United States with- seek consent to access from the location’s ure of such entities to keep or provide such out the authorization, in accordance with owner or operator. The remainder of Section information. The proposed legislation also the Act, of the United States Government. It 203 addresses the requirements for obtaining sets forth procedures for inspections, or further directs that certain U.S. agencies an administrative search warrant, and what ‘‘complementary access,’’ by the IAEA at may not participate in complementary ac- such a warrant should contain. Section U.S. locations under the Additional Pro- cess. These agencies, including the Environ- 203(b)(1) states that the United States Gov- tocol. ernment shall provide to the judge all appro- The proposed Additional Protocol to the mental Protection Agency and the Occupa- tional Safety and Health Administration, are priate information it has received from the U.S.-IAEA Safeguards Agreement Implemen- IAEA regarding its basis for selecting a par- tation Act (the Act) contains five miscella- excluded because their employees may detect violations of regulatory schemes wholly ticular location for complementary access. A neous sections and six titles. The five mis- ‘‘judge of the United States’’ is defined by cellaneous sections concern the short title of unrelated to the Additional Protocol. Sec- tion 201 further requires the number of U.S. the Act to mean a judge or magistrate judge the Act, the table of contents, Congressional of a district court of the United States. In findings, definitions, and a severability representatives be kept to a minimum. Section 202 addresses procedures for com- addition, Section 203(b)(2) requires the clause. Title I provides specific authority for plementary access. For example, Section United States to submit to the judge a more the President to implement and carry out 202(b) sets forth the requirement for the detailed affidavit showing, among other the Act and the Additional Protocol through United States Government to provide ‘‘ac- things, that the Additional Protocol is in directing the issuance of necessary regula- tual written notice’’ of a complementary ac- force in the United States, applicable to the tions. Title II authorizes complementary access request, as soon as possible, to the location to be inspected, and that the com- cess at U.S. locations consistent with the owner, operator, occupant or agent in charge plementary access requested is consistent Act, and establishes the terms upon which of the location to be inspected. The notice with the provisions of the Additional Pro- such access may take place. For example, it must contain all appropriate information tocol, including Article 4 regarding the pur- addresses the notice that must be given to provided by the IAEA concerning the purpose of the access, and Article 6 regarding its the owner or operator of the inspected loca- pose of the access request, the basis for se- scope. The affidavit must also indicate the tion, and the procedures to be followed for lection of the location, the activities it in- anticipated time and duration of the inspec- seeking access—including obtaining an ad- tends to carry out, the time and duration of tion. ministrative search warrant where nec- the access, and the identities of inspectors. Finally, the affidavit must show that the essary. Title III restricts disclosure of cer- In addition, Section 202(c) requires IAEA and location to be inspected was selected by the tain information provided pursuant to the U.S. personnel participating in the com- IAEA either (i) because there is probable Act or the Additional Protocol. Title IV plementary access to show their credentials cause, on the basis of specific evidence, to makes it illegal for entities willfully to fail prior to gaining entry to the inspected loca- believe that information required to be re- to report information required by regulation. ported regarding a location pursuant to reg- tions pursuant to the Act, and Title V pro- Section 202(d)(1) states the general rule ulations promulgated under the Act is incor- vides for criminal and civil penalties for that IAEA inspectors may conduct all activi- rect or incomplete, and that the location to such violations. Finally, Title VI authorizes ties specified under Article 6 of the Addi- be accessed contains evidence regarding that appropriation of funds for the Agencies re- tional Protocol for the type of location being violation; or (ii) pursuant to a reasonable quired to carry out responsibilities under the inspected. However, there are several excep- general administrative plan developed by the Act. tions to this rule. First, a warrant issued au- IAEA based upon specific neutral criteria. MISCELLANEOUS SECTIONS thorizing complementary access at a loca- Selection based on either of these ap- The first part of the Act contains five mis- tion may restrict the activities that inspec- proaches would meet U.S. Constitutional re- cellaneous sections: the short title of the tors may conduct. Second, as indicated in quirements for issuance of a warrant. Sec- Act, the table of contents, Congressional 202(d)(1), the United States Government has tion 203 directs that a judge, upon receiving findings, definitions, and a severability certain rights under the Additional Protocol the affidavit, shall promptly issue an admin- clause. The first two sections are standard to limit such access. In addition to its right istrative search warrant authorizing the re- provisions. The third section contains seven under Article 1(b) of the quested complementary access. The warrant Congressional findings, which recognize the Protocol to deny IAEA access to activities is to specify the same information as the af- threat posed by nuclear proliferation, the with direct national security significance or fidavit, and shall, if known, also include the importance of the Nuclear Non-Proliferation to location or information associated with identities of the IAEA complementary access

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16126 CONGRESSIONAL RECORD — SENATE December 9, 2003 team and accompanying U.S. representa- ports of family members scurrying to blood will always be the cost of war. tives. buy bullet-proof vests to send to their But it is a dereliction of duty to send TITLE III—CONFIDENTIALITY OF INFORMATION loved ones in Iraq. Military families anyone into harm’s way without basic Title III of the proposed implementing legare patriotic and selfless. Their devo- protective gear, and it is disgusting for islation restricts the disclosure of information is no less than that of those serv- family members to have to take this tion provided to the United States Govern- ing in harm’s way. They have more burden of outfitting their loved ones ment, or to its contractor personnel, pursu- than enough to worry about, let alone for war. This grateful Nation must ant to the Act or the Additional Protocol. whether or not they can find and buy make right by those family members For example, Section 301(a) exempts from the Freedom of Information Act (FOIA) dis- the gear that might save their child’s and reimburse their expenses in pro- closure information obtained by the United life. This is the responsibility of the viding these materials to their sons States Government in implementing the pro- Department of Defense, plain and sim- and daughters, husbands and wives. Let visions of the Additional Protocol. Thus, in- ple. There is no excuse for their failure. families send pictures and letters from formation reported to the Government by On November 19, 2003, acting-Sec- home. The Department of Defense entities covered by Article 2 of the Addi- retary of the Army Les Brownlee ad- should provide the gear. tional Protocol, as required by regulation, is mitted to Congress that the adminis- There being no objection, the letter not subject to release under the FOIA. tration failed to provide basic equip- was ordered to be printed in the TITLE IV—RECORDKEEPING ment, like body armor, to all of our RECORD, as follows: Title IV of the proposed implementing leg- forces in Iraq because, as he put it, [From the Washington Post, Dec. 4, 2003] islation prohibits the willful failure of any ‘‘Events since the end of major combat BODY ARMOR SAVES LIVES IN IRAQ person to maintain records or submit reports operations in Iraq have differed from (By Vernon Loeb and Theola Labbe´) to the United States Government as required by regulations issued under Section 101 of our expectations and have combined to BAGHDAD.—Pfc. Gregory Stovall felt the the Act. The prohibitions of Title IV are nec- cause problems.’’ The Washington Post explosion on his face. He was standing in the turret of a Humvee, manning a machine gun, essary to implement the Additional Pro- reported recently that, ‘‘Going into the when the roadside bomb went off. At the tocol, as the United States is dependent on war in Iraq, the Army decided to outfit time, he was guarding a convoy of trucks such reporting to meet its Treaty obliga- only dismounted combat soldiers with making a mail run. In an instant, Stovall’s tions. A person is defined by the Act very the plated vests, which cost about face was perforated by shrapnel, the index broadly to ensure that all possible entities $1,500 each. But when Iraqi insurgents finger on his right hand was gone, and the within the United States are covered. began ambushing convoys and killing middle finger was hanging by a tendon. But TITLE V—ENFORCEMENT clerks as well as combat troops, con- the 22-year-old from Brooklyn remembers in- Title V of the proposed implementing leg- troversy erupted.’’ I ask unanimous stinctively reaching for his chest and stom- islation provides for both civil and criminal consent that the full text of this arti- ach—‘‘to make sure everything was there,’’ penalties for failure to meet the record- he said. It was, encased in a Kevlar vest rein- cle be included in the RECORD. keeping and reporting requirements of Title forced by boron carbide ceramic plates that IV. Violators shall be subject to imprison- Stories abound of family members, are so hard they can stop AK–47 rounds trav- ment for not more than five years, criminal fathers and mothers, wives, and others eling 2,750 feet per second. Thus, on the fines, and civil penalties up to $25,000 per vio- paying for personal body armor out of morning of Nov. 4, Stovall became the latest lation. While the Agency issuing the applica- their own pockets and shipping the in a long line of soldiers serving in Iraq to be ble regulations is responsible for their en- much needed equipment to Iraq. Con- saved by the U.S. military’s new Interceptor forcement, an entity subject to civil penalty sider the case of Mimi McCreary of body armor. under this Title may seek judicial review. Victorville, CA, whose son Olaf re- This high-tech ‘‘system’’—the Kevlar vest and ‘‘small-arms protective inserts,’’ which Title V also provides United States district ceived his bullet-proof vest not from courts with jurisdiction to specifically en- the troops call SAPI plates—is dramatically force Agency orders, either by restraining or his reserve unit, but from his col- reducing the kind of torso injuries that have compelling action so as to avoid a violation leagues on the Clinton, SC, police de- killed soldiers on the battlefield in wars of Title IV. partment. Or consider the 120 members past. Soldiers will not patrol without the TITLE VI—AUTHORIZATION OF FUNDS of the National Guard from Marin County, CA, who were unsure of when armor—if they can get it. But as of now, Title VI of the proposed legislation author- there is not enough to go around. Going into izes the appropriation of such sums as nec- their body armor would be made avail- the war in Iraq, the Army decided to outfit essary to carry out the purpose of the Act. able. Instead of letting their neighbors only dismounted combat soldiers with the go off to war, the men and women of plated vests, which cost about $1,500 each. By Mr. DASCHLE (for Mr. KERRY law enforcement in Marin County do- But when Iraqi insurgents began ambushing (for himself and Mr. KENNEDY)): nated more than 60 vests so that they convoys and killing clerks as well as combat S. 1991. A bill to require the reim- would have ‘‘at least some protection.’’ troops, controversy erupted. bursement of members of the Armed Or consider Army Specialist Richard Last month, Rep. TED STRICKLAND (D-Ohio) Forces or their family members for the and 102 other House members wrote to Rep. Murphy of Sciota, PA, whose parents, DUNCAN HUNGER ( R-Calif.), chairman of the costs of protective body armor pur- Susan and Joe Werfelman, purchased House Armed Services Committee, to de- chased by or on behalf of members of the ceramic plates missing from their mand hearings on why the Pentagon had the Armed Forces; to the Committee son’s vest. According to Murphy’s step- been unable to provide all U.S. service mem- on Armed Services. father, he ‘‘called us frantically three bers in Iraq with the latest body armor. In (At the request of Mr. DASCHLE, the or four times on this . . . We said, ‘‘If the letter, the lawmakers cited reports that following statement was ordered to be the Army is not going to protect him, soldiers’ parents had been purchasing body armor with ceramic plates and sending it to printed in the RECORD). we’ve got to do it.’’ ∑ their children in Iraq. Mr. KERRY. Mr. President, it is the We owe Mr. and Mrs. Werfelman and The demand came after Gen. John Abizaid, responsibility of the military depart- Mrs. McCreary and every other mili- head of the U.S. Central Command and comments to ‘‘organize, train, and equip,’’ tary family an incredible debt of grati- mander of all military forces in Iraq, told a the armed forces of the United States. tude. They raised children who believe House Appropriations subcommittee in Sep- Yet, reports indicate that nearly a in this country and are risking all in tember that he could not ‘‘answer for the quarter of the 130,000 U.S. troops in service to it. The last thing we should record why we started this war with protective vests that were in short supply.’’ Iraq still wait for the latest ‘‘Inter- ask of them now is to take money out With the armor, ‘‘it’s the difference be- ceptor’’ body armor, which is a Kevlar of their own pockets to buy the gear tween being hit with a fist or with a knife,’’ vest with ‘‘small-arms protective in- their kids should have had in the first said Ben Gonzalez, chief of the emergency serts’’—boron carbide ceramic plates— place. But that’s exactly what poor room at the 28th Combat Support Hospital in that protect critical organs from weap- planning has led to. Baghdad, the largest U.S. Army hospital in ons fired by assault rifles like the Ak– The legislation I introduce today the country, which treats the majority of 47s favored by Iraqi insurgents. with Senator KENNEDY requires the De- wounded soldiers. While the Congress has taken meas- partment of Defense to reimburse fam- Jonathan Turley, a law professor at George Washington University, began investigating ures to provide the latest personal pro- ily members who paid money out of the Army’s decision not to equip all troops tective gear to all U.S. forces in Iraq their own pockets to provide the per- deploying to Iraq with Interceptor body and Afghanistan, over the last several sonal body armor that the government armor after learning that one of his stu- months we have heard alarming re- failed to provide our troops. Lives and dents, reservist Richard Murphy, was in the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16127 country with a Vietnam-era flak jacket. grenade. A thick gray plume poured from his companies and pharmaceutical compa- ‘‘There’s been an overwhelming effort to get vest where he lay. His squad mates, having nies and a raw deal for senior citizens. the military every possible resource,’’ Turley shot and killed the gunman, rushed to his It’s not really a prescription drug bill. said. ‘‘To have such an item denied to troops side. ‘‘Am I bleeding? Am I bleeding?’’ they It’s an anti-Medicare bill. in Iraq was a terrible oversight.’’ Since he recalled Fox asking. They checked and dis- began publicizing the lack of body armor, covered he was unharmed. His body armor Our legislation will reverse these de- Turley said, he has been deluged with e- had protected him not only from the AK–47 structive policies. Our legislation will mails from people offering to donate body round by also from his own exploding muni- protect and preserve Medicare—not armor to U.S. troops. tions. ‘‘Fox must have been only 10, 15 me- turn senior citizens over to the un-ten- Joe Werfelman, the father of Turley’s stu- ters from this guy,’’ recalled St. Roger der mercies of HMOs and insurance dent, said he was dismayed to learn that his Vasquez. ‘‘And this thing stopped the bul- companies. It will provide prescription son had been sent to Iraq in May without ce- let.’’ drug benefit for senior citizens, with- ramic plates. ‘‘He called us frantically three A month later, two of those who had out coverage gaps or hidden loopholes. or four times on this,’’ Werfelman said in an rushed to Fox’s side, Spec. Sean Bargmann interview. ‘‘We said, ‘If the Army is not and Spec. Joseph Rodriguez, were on a It will protect senior citizens with good going to protect him, we’ve got to do it.’ ’’ So mounted patrol in Fallujah, sitting atop a retirement coverage from a former em- Werfelman, of Scotia, Pa., found a New Jer- Humvee, when a powerful roadside bomb ex- ployer, and it will protect the poorest sey company that had the ceramic plates in ploded just feet away. ‘‘It felt like somebody of the poor on Medicaid. It will reduce stock, plunked down $660 for two plates and took a Louisville Slugger to my head,’’ prescription drug costs, by allowing a carrying case, and sent them to his son. Bargmann said. Weeks after the attack, he safe importation of drugs from Canada ‘‘As far as I know, he’s still using the ones and Rodriguez still bore the outlines of their that we got him’’ he said. ‘‘Some units have and government negotiations with drug armor: The tops of their head, protected by companies for discounts. And it will re- the new plates and some units don’t.’’ their Kevlar helmets, and their torsos, pro- At a hearing of the Senate Armed Services tected by their body armor, were unscathed. peal the program of Health Savings Ac- Committee on Nov. 19, Sen. JOHN W. WARNER But Bargmann had a deep cut right below counts that help the healthy, wealthy (R-Va.), the committee’s chairman, told Act- the helmet line, and Rodriguez had three and insurance companies who have ing Army Secretary Les Brownlee that the scars running down his right cheek and a contributed heavily to the Republican shortage of body armor in Iraq was ‘‘totally scar above his left eye. Party, while harming every family unacceptable.’’ ‘‘Now, where was the error— This often happens with body armor: Lives that needs comprehensive, affordable and I say it’s an error made in planning—to are saved, but faces, arms and legs are punc- health insurance. send those troops to forward-deployed re- tured and scarred. Doctors are treating seri- gions, and the conflict in Iraq, without ade- The legislation the President signed ous wound to the extremities that are cre- is designed to destroy Medicare and quate numbers of body armor?’’ Warner ating large numbers of amputees—soldiers asked. ‘‘Events since the end of major com- who in earlier wars never would have made it turn senior citizens over to the un-ten- bat operations in Iraq have differed from our off the battlefield. Gonzalez, the doctor at der mercies of HMOs. Our legislation expectations and have combined to cause the 28th Combat Support Hospital, is not will protect Medicare. problems,’’ Brownlee said. Before approving complaining about the number of amputa- The legislation the President signed the administration’s $87 billion supplemental tions. ‘‘The survival rate has increased sig- provides a skimpy, inadequate, and un- bill for Iraq and Afghanistan, Congress added nificantly,’’ he said. ‘‘In the past, you’d see reliable drug benefit. Our legislation hundreds of millions of dollars for more body head and chest and abdominal injuries. They armor, armored Humvees, and other systems provides comprehensive drug coverage would die even before they got to me.’’ and assures that senior citizens can get to protect soldiers from roadside bombs and Sgt. Gary Frisbee of the 2nd Armored Cav- ambushes. alry Regiment remembers standing in the it everywhere in the country without Now, three manufacturers are working turret of a Humvee waiting to die. His vehi- having to join an HMO or other private overtime to produce the 80,000 vests and cle was bringing up the rear during a routine plan. 160,000 plates required to outfit everyone in three-vehicle patrol in Sadr City, Baghdad’s The legislation the President signed Iraq by the end of the year. Assembly lines vast Shiite slum, when hundreds of armed denies senior citizens the right to get are producing 25,000 sets a month. followers of the Shiite cleric Moqtada Sadr Commanders say the vests are changing safe drugs at lower prices from Canada opened fire on them with AK–47s and rocket- the way soldiers think and act in combat. ‘‘I and prohibits the government from ne- propelled grenades. ‘‘I knew it was all over; will tell you that the soldiers—to include gotiating with drug companies to get a it was just a matter of when,’’ he recalled. this one—experience some degree of feeling a good deal for senior citizens. This leg- ‘‘You’re bracing yourself, because you’re just little indestructible, particularly in light of waiting for the bullet to hit you. The volume islation eliminates those special inter- the fact that we have seen the equipment of AK fire was unreal, from the roofs, in est, anti-senior provisions. work,’’ said Lt Col. Henry Arnold, a bat- front of your, and behind you.’’ Two of 10 sol- The legislation the President signed talion commander and combat veteran in the diers on the patrol were killed; four were allows unfettered Heath Savings Ac- 101st Airborne Division in northern Iraq. wounded. During the battle, Frisbee felt ‘‘It’s a security blanket,’’ Stovall said from counts. These accounts are a bonanza something hit the back of his Kelvar vest his hospital bed, awaiting a medevac flight for the healthy, the wealthy, and for but kept on fighting. When the smoke finally to Germany with his hand bandaged. ‘‘If only favored insurance companies, but they cleared, he pulled out the back plate to see they had a glove, I might have my finger, are a disaster for ordinary citizens who what had happened and found a bullet hole. but I’m thankful that I’m here.’’ It has been, as he had thought, just a matter need comprehensive coverage and can’t The product of a five-year military re- afford to put thousands of dollars aside search effort aimed at reducing the weight of time. He had been hit—and saved by boron carbide.∑ to meet medical needs that insurance and cost of the plates while increasing their is supposed to cover. This legislation strength, the body armor made its combat debut last year in Afghanistan and was cred- By Mr. KENNEDY: repeals this unwise policy. ited with saving more than a dozen lives dur- S. 1992. A bill to amend the Medicare Senior citizens want prescription ing Operation Anaconda. The camouflage Prescription Drug, Improvement, and drug coverage under Medicare, and Kevlar vest, which alone can stop rounds Modernization Act of 2003 to eliminate they deserve it. Instead, the President from a 9mm handgun, weighs 8.4 pounds, privatization of the medicare program, and the Republican Party used their while each of the plates weighs 4 pounds. At to improve the medicare prescription control of Congress to attack Medicare 16.4 pounds, Interceptor body armor is a drug benefit, to repeal health savings itself and force senior citizens into third lighter than the 25-pound flak jacket accounts, and for other purposes; to HMOs and other private insurance from the Vietnam era, but it provides far more protection. the Committee on Finance. plans. They want to privatize Medi- Consider the case of Charlie Company, 1st Mr. KENNEDY. Mr. President, today, care, and if they get away with it, Battalion, 505th Parachute Infantry Regi- along with Senator BOB GRAHAM I am they’ll try to privatize Social Security ment of the 82nd Airborne Division. During a introducing the ‘‘Defense of Medicare too. foot patrol in Fallujah in late September, an and Real Prescription Drug Benefit Their legislation raises Medicare Iraqi insurgent suddenly emerged from an al- Act.’’ Congressman JOHN DINGELL is in- payments to HMOs so that Medicare leyway and fired an AK–47 at Spec. John Fox troducing companion legislation in the can’t compete. They use the elderly’s from point-blank range. Fox was hit in the House of Representatives. own Medicare money to undermine the stomach as he returned fire, and the blast knocked him off his feet. The bullet hit the The more senior citizens learn about Medicare program they depend on. Ac- middle of three ammunition magazines the legislation President Bush has just cording to estimates of the Medicare hanging from the front of his Kevlar vet, ig- signed, the more concerned they are. Actuary, Medicare already pays 16 per- niting tracer rounds and setting off a smoke It’s a sweetheart deal for big insurance cent too much for every senior citizen

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16128 CONGRESSIONAL RECORD — SENATE December 9, 2003 who joins an HMO or other private in- icaid—the poorest of the poor—will ac- Real Prescription Drug Benefit Act’’ be surance plan, because these programs tually pay more and have reduced ac- printed in the RECORD. attract the healthiest elderly. IN addi- cess to the drugs they need. The Bush There being no objection, the Sum- tion, the Republican legislation raises plan establishes a cruel and demeaning mary was ordered to be printed in the the base payment to 109 percent of assets test, so that millions of senior RECORD, as follows: what it costs Medicare to care for an citizens with very low incomes are dis- SUMMARY: PROVISIONS OF THE DEFENSE OF average senior citizen, without even qualified from the special assistance MEDICARE AND REAL MEDICARE PRESCRIP- taking into account the health selec- they need, simply because they have TION DRUG BENEFIT ACT tion bonus the HMOs receive. The total managed to save a little bit for a rainy Title 1: Defense of Medicare overpayment is 25 percent—a whopping day, or because they have a car that’s Repeals the premium support dem- $2,000 per senior citizen. And to top it worth too much or a burial fund, or onstration. all off, the legislation establishes a $12 personal property like jewelry or fur- Requires risk adjustment between billion slush fund for the new PPO pro- niture. private sector plans and Medicare. gram established by the bill. This isn’t Our legislation addresses these prob- Medicare will pay private sector plans competition, its corporate welfare— lems. It ends the discriminatory treat- an amount reflecting Medicare’s cost and senior citizens and the Medicare ment of senior citizens with private re- for covering an individual, rather than program are the losers. tirement coverage, so that employers Their legislation also creates a vast do not have an incentive to drop this paying HMOs a large markup as a re- social experiment—called the ‘‘pre- coverage. It restores benefits to dual sult of failing to adjust for the better mium support’’ program—using mil- eligibles—senior citizens with coverage health of senior citizens who join lions of senior citizens as guinea pigs. under both Medicare and Medicaid—so HMOs. The sole purpose of the experiment is that they will not be made worse off by Repeals PPO slush fund. Pays all private sector plans an to raise Medicare premiums so that the new program. It eliminates the as- amount equivalent to average Medi- senior citizens have to give up their sets test. care costs, rather than paying an aver- Medicare and join an HMO. The Republican bill does nothing Our legislation eliminates these inde- about escalating drug prices. Repub- age of 109 percent of Medicare costs, as fensible overpayments and restores licans even had the nerve to include a provided under the current legislation. parity to the competition between con- specific prohibition on any role by the Phased in over 5 years. ventional Medicare and private sector Federal government in any negotiation Repeals Medicare spending cap. alternatives. It repeals the premium on drug prices. The Congressional Title II: Establishment of Real support program, so that senior citi- Budget Office has estimated that drug Medicare Prescription Drug benefit zens will have choice, not coercion, prices will actually increase as the re- Elminates coverage gap in 2006–2008, when they decide whether they prefer sult of this bill. No wonder drug com- beneficiaries will pay 75 percent coin- conventional Medicare or an HMO. pany stocks are soaring and senior citi- surance in the coverage gap. In 2009– The assistance with prescription drug zens are concerned. Our legislation will 2011, they will pay 50 percent. In 2012 costs their program provides is actu- allow reimportation of drugs from Can- and subsequent years, they will pay the ally very little. Overall, it covers less ada—where drug prices are much same 25 percent copayment as under than 25 percent of the drug expenses lower—with stringent controls to as- the initial coverage limit. faced by the elderly. Senior citizens sure that any imported drugs meet Eliminates discriminatory treatment with $1,000 in drug expenses would pay FDA standards. It will allow the Fed- of employer plans. 86 percent of the cost out of their own eral government to negotiate the best Allows Medicaid wrap-around for pockets. Those with $5,000 in drug ex- possible price for prescription drugs, so dual eligibles. penses would pay 78 percent. When sen- that senior citizens and the Medicare Eliminates assets test. ior citizens’ drug costs exceed $2,250, program are no longer victimized by Requires two stand-alone prescrip- they get no benefits at all until their exorbitant prices that have little relation drug plans to avoid federal fall- costs reach $5,100, even though they tionship to costs or value. back. have to continue to pay premiums. And It’s not just seniors who are very Secretary defines classes and cat- senior citizens won’t necessarily have concerned. Younger Americans will be egories under any formula. access to the drugs their doctor’s pre- hurt too. A separate booby trap in the Repeals prohibition on Medigap cov- scribe, if they aren’t on the formularies Republican program includes tax erage of prescription drugs. Modifies of the private insurance companies breaks for the healthy and wealthy to current Medigap policies covering that will administer the benefit. A bus buy private policies with very high drugs to wrap-around new benefit. ticket to Canada would do more to re- deductibles that will undermine health Phases out elimination of state duce drug costs for senior citizens than insurance for those who are not elder- ‘‘clawback.’’ this bill. ly. These tax breaks, called health sav- Our legislation fills the gaps in the ings accounts, encourage people to buy Title III: Reduction in Prescription Medicare benefit, so that it truly meets high deductible policies and put money Drug Prices the needs of the elderly and is com- aside in a tax-free savings account. Be- Allows reimportation from Canada parable to the assistance provided cause the healthy people don’t con- with certification and inspection of Ca- under most private insurance plans and tribute to the cost of regular insur- nadian exporters to assure safety of that is available to every member of ance, premiums skyrocket for people drugs. Congress. It assures that the who can’t afford thousands of dollars in Repeals prohibition on government formularies offered by the insurance out-of-pocket costs before their insur- negotiating directly with drug compa- companies administering the program ance kicks in. The Urban Institute and nies for best prices and gives authority are not manipulated by the companies the American Academy of Actuaries for such negotiations. to exclude the drugs senior citizens have estimated that premiums for reg- Title VI: Repeals Health Savings need most. ular insurance policies could increase Accounts Nine million senior citizens—almost 60 percent or more. Our bill repeals this one of every four—will actually be unjustified and destructive policy. worse off in their drug coverage under The President’s signing of the Repub- By Mr. WARNER (for himself and the Bush program than they are today. lican legislation yesterday was the be- Mrs. CLINTON): According to the nonpartisan Congres- ginning of this fight, not the end. We S. 1993. A bill to amend title 23, sional Budget Office, almost 3 million will never rest until we have protected United States Code, to provide a high- senior citizens with good retiree drug Medicare and provided senior citizens a way safety improvement program that coverage through a former employer prescription drug benefit that truly includes incentives ot States to enact will lose it as the result of this bill. Six meets their needs. primary safety belt laws; to the Com- million senior citizens and the disabled I ask unanimous consent that a sum- mittee on Environment and Public who have both Medicare and Med- mary of the ‘‘Defense of Medicare and Works.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16129 Mr. WARNER. Mr. President, I am tent the driver can maintain, as best every State to a 90-percent use rate for pleased to introduce today with my he can control of the vehicle in those safety belts. distinguished colleague from New fatal microseconds, often fatal, perhaps In a letter dated November 12, 2003, York, Senator CLINTON, the National the severity of the crash, and perhaps to Chairman INHOFE of the Committee Highway Safety Act of 2003. It would be the loss of life can be reduced by the on the Environment and Public Works, our intention in the course of the delib- use of a safety belt—simply said. on which I am privileged to serve, Sec- erations next year on the reauthoriza- Accidents involving unbelted drivers retary Mineta states: tion or, as we call it, the successive result in a significant cost to the wal- President Bush and I believe that increas- piece of legislation to TEA–21, that let, out of your pocket. Many people ing safety belt usage rates is the single most this bill, which we introduce today, are rushed from the accident scene to effective means to decrease highway fatali- would be incorporated as an amend- various emergency facilities. All of ties and injuries. ment. that has the initial cost of the law en- That is explicit and clear. The Sec- As the Congress prepares to consider forcement that responds, the rescue retary goes on to say: legislation next year to enact a new 6- squads that respond, and eventually The surest way for a State to increase safe- year surface transportation law to suc- the emergency room or whatever med- ty belt usage is through the passage of a pri- ceed TEA–21, our foremost responsi- ical facility you might have the good mary safety belt law. bility, in my judgment and in the judg- fortune to be taken to, to hopefully I have had this debate with Gov- ment of many, and in the judgment of save you your life. That isn’t free. ernors, former Governors, even in this the President of the United States, There is a cost. Maybe it is a hidden Chamber with former Governors. I must be to improve highway safety for cost in the budgets of the towns and think they would tell you that a pri- the driving public. Simply by increas- the communities and the States, but mary safety belt law is a tough piece of ing the number of Americans who will there is definitely a cost. Regrettably, State legislation to pass solely on its buckle up is the most effective step a number of persons who suffer those own. Frankly, it needs the impetus of that can be taken to save the their types of injuries are uninsured. Again, Uncle Sam, the impetus of the Con- lives and the lives of others. That is the cost often devolves down on the gress of the United States to move that the single most important step. good old hard-working taxpayers; in process in the States forward, so the I am privileged to serve on the Envi- most instances, the taxpayers who local politicians can shake their fist ronment and Public Works Committee buckle up. saying, it is Washington that has done that has now completed its markup of This also is rather interesting and it again—more regulation, more direc- the TEA–21 reauthorization bill. The fascinating. When an accident happens, tion—you know the arguments. But I bill addresses, as it should, highway regrettably, on our roads and highways think quietly in the hearts of those safety measures, such as how to build across this great Nation, we try to re- State legislatures is the thought that safer roads, how to do use new tech- frain from rubbernecking. Neverthe- we will improve safety in my State. We nologies to improve safety. But, statis- less, chances are that we take a glance. will improve the chance of surviv- tics show that the greatest measure of More often than not, the accident with ability on the roads in my State. So safety, again, to drivers, passengers, the combined slowdown of those pass- that is why we are here today. I ask and possibly third parties not con- ing the accident causes significant con- unanimous consent that the full text of nected with the vehicle, is through the gestion for some considerable portion Secretary Mineta’s letter be printed in use of a seatbelt. It is remarkable, the of time. Either the lane in which we the RECORD at the conclusion of my re- lives that have been saved through the are traveling moves very slowly be- marks. use of this simple device. I have, cause of the accident or, indeed, we The PRESIDING OFFICER. Without through my career in the Senate—I say come to a standstill, as often is the objection, it is so ordered. with modesty—been associated with, case when a lane is closed to clear an Mr. WARNER. As provided in our leg- and indeed I think in the forefront of, accident. That standstill frequently is islation, the Warner-Clinton bill, trying to move forward on seatbelt leg- necessitated because of the severity of States can increase seatbelt use either islation. I will not belabor what this the injuries experienced in that acci- by enacting, as I said, a primary seat- humble Senator has done working with dent. It takes the response team longer belt law—everybody knows what a pri- others through the years, but we are in their carefully trained steps to ex- mary seatbelt law is and how it works. very proud today that America has tricate the injured person, to give the It means a law enforcement officer can about a 79 percent use rate of seatbelts. initial treatment, and then to carefully literally stop a vehicle if they observe That has been translated into the sav- transport that individual, if necessary, that the individual is not wearing his ing of tens of thousands of lives and in- to a medical facility. That takes time. or her seatbelt. It is as simple as that. juries in automobile accidents. That road is backed up. But a State, if they decide not to enact Those are the facts. Are we just That is lost time for your mission on a primary safety belt law, can, by im- going to have a standstill, or are we the road, be it for business, family, or plementing their own strategies, what- going to move forward? Senator CLIN- pleasure. That is lost time and produc- ever they may be—and there is a lot of TON and I think we should move for- tivity. Behind you often are trucks and innovation out in the States—that ward with this somewhat new ap- other vehicles involved in commerce. would result in a 90-percent safety belt proach. I will address the technical as- That is lost time and delay due to the use rate. So that is a challenge to the pects as we go along. seriousness occasioned by injuries and States. We have debated the benefits of seat- accidents where there has been the The current national belt use, as I belt use on many occasions in this lack of use of seatbelts. It is as simple said, is 79 percent. But many States— body, and elsewhere across America. as that. those that have the primary law are And whether it is in the town forums The legislation Senator CLINTON and sometimes at 90, or even above 90, but we conduct, town meetings, or here on I are introducing today will take an those that do not have the primary the floor of the Senate, there is always important step forward for the States seatbelt law are down sometimes in the that individual who comes back: Don’t to adopt either a primary safety belt 60 percentile. It is the weight of the tell me what I have to do. What does it law, or take steps of their own devising primary States that carries the per- matter to you, JOHN WARNER—or to to meet a 90 percent seat belt use centile and brings it up to 79 from any other colleague with whom I am rate—not the Warner-Clinton bill or those States that don’t have an effec- privileged to serve—what does it mat- the legislative measure put forth by tive law. States with their primary ter to you whether I buckle up? the administration upon which Senator safety belt law have the greatest suc- Well, let’s take a look. No one dis- CLINTON and I draw for concepts of cer- cess for drivers wearing seatbelts. putes that the absence of a seatbelt tain portions. The States can decide for On an average, States with the pri- causes more serious loss of life and in- themselves how they achieve a 90-per- mary seatbelt law have a 10 to 15 per- jury and, to some extent, crashes. The cent goal of the use of seatbelts in cent higher seatbelt use compared to statistics show that with the impact their respective States. That is the those with a secondary system. This associated with the crash, to the ex- purpose of this legislation—to move demonstrates that secondary seatbelt

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16130 CONGRESSIONAL RECORD — SENATE December 9, 2003 laws are far more limited in their effec- cause of death for our soldiers, sailors, mittee, from the administration, our tiveness than a primary law. airmen, and marines. They are in that States, safety groups, and the highway Essentially, the secondary laws say high-risk age category, 18 to 35. insurance industry, we are told that that if a law enforcement officer has Someone even took a look at the sta- three main causes of traffic deaths and cause other than a perceived or actual tistics, the total of the fatalities last injuries are unbelted drivers, speed, seatbelt violation—namely, the driver year, and said that represents in deaths and alcohol. didn’t have it buckled—if they have approximately the size of the average The formula we have devised in this cause to stop that car, for example, for U.S. Army battalion. That is several legislation does have a reduction in the a speeding offense or a reckless driving companies and maybe a reinforced ele- amount a State receives under this offense or indeed an accident and they ment. Just think, that is the mag- proposed bill that we will consider next observed there has been no use of the nitude in one category of those who year when they fail to achieve the 90 seatbelt, then in the course of pro- serve our United States, the men and percent safety belt use rate. It is as ceeding to enforce the several laws of women in the Armed Forces. simple as that. But the formula is pat- the State as regards speeding or reck- I cannot think of any reason why we terned directly after the law that is on less driving, or whatever the case may all cannot join behind this effort. That the books now with respect to the .08 be, they can add a second penalty to alone is a driving impetus for this Sen- legal blood alcohol content level. address the absence of the use of the ator. The net effect of this legislation is seatbelt in that State. The time is long overdue for a na- simply to recognize we are asking that Drivers are gamblers. They say: Oh, tional policy to strengthen seatbelt use the same type of sanction policy with well, don’t worry, I will not buckle up. rates. I said a national policy, and that regard to one of the three major causes State law doesn’t require it. Unless is what this bill represents, either of death—alcohol—be equated to a sec- they stop me—and they are not going through States enacting a primary ond cause of death and injury, and that to stop me today. It is that gambling seatbelt law or giving far greater at- is absence of the use of seatbelts, attitude that, more often than not, will tention to public awareness programs bringing into parallel two of the three cause an accident. Then it is too late. that result in more drivers and pas- principal causes of death and injury on So we come forward today to build on sengers wearing safety belts. Our goal today’s highways. our national programs. We are building is 90 percent—90 percent. The administration put forward an on what we did in TEA–21. I was privi- I have been privileged to serve on innovative safety belt program, as I leged to be on the committee. I was this committee 17 years, and I, to- said, under the leadership of the Presi- chairman of the subcommittee 6 years gether with many others, notably my dent that was a major component of dear friend and late chairman, Senator ago. I worked with Senator CHAFEE, their new core transportation program, Chafee, addressed this issue. Our com- who was chairman of the full com- the Highway Safety Improvement Pro- mittee is rich in the history of focusing mittee, and we drove hard to make gram. Regrettably, this recommenda- revenue from the highway trust fund progress with the seatbelt laws, and we tion is not included in the bill that will on effective safety programs. It goes did it. We basically put aside a very come before my committee next year back through many chairmen and considerable sum of money to encour- as a consequence of the markup seek- members of the committee. age States—again, using their own de- With jurisdiction over the largest ing reauthorization of TEA–21. The proposed reauthorization bill vices—to increase uses. As a direct con- share of the highway trust fund, our sequence of what we did in TEA–21, committee has had the vision to tackle also does not include the current pro- there has been an 11 percent increase in important national safety problems. gram, the Safety Belt Incentive Grant these 6 years in the use of seatbelts. Regrettably, I report to you that the program, that we even had in the pre- Sadly, traffic deaths in 2002 rose to recent markup of the committee on the vious highway bill, of which I was pri- the highest level in over a decade. It is proposed successor to the TEA–21 legis- marily one of the authors. Not only are astonishing. Of the nearly 43,000 people lation, which we will take up next we not going forward, but in a sense we killed on our highways, over half were year, does provide more funding to help are stepping backwards. I just cannot not wearing their seatbelts. That is ac- build safer roads—that is a step for- understand how we can, as a body, not cording to the National Highway Traf- ward—but it does not have, in my judg- observe our responsibility to do what fic Safety Administration. And 9,200 of ment, that provision which represents we can to provide the necessary incen- these deaths might have been pre- a step up from what we did in TEA–21, tive to the States to take these steps. vented if the safety belt had been used. that provision that would represent a Mr. President, I ask unanimous con- Those are alarming statistics. Auto- recognition for the President’s initia- sent that the text of the bill be printed mobile crashes are the leading cause of tive. He has taken a decidedly strong in the RECORD. death for Americans age 2 to 34. Stop initiative to increase the use of seat- There being no objection, the bill was to think of that: age 2, that means a belts. It is absent from the bill, and ordered to be printed in the RECORD, as child; that means a parent neglected to that is why, I say respectfully to Chair- follows: buckle up a child. Automobile crashes man INHOFE and others on that com- S. 1993 are the leading cause of death for mittee, we need a provision to Be it enacted by the Senate and House of Rep- Americans age 2 to 34. That is our Na- strengthen and to move forward the po- resentatives of the United States of America in Congress assembled, tion’s youth. Do we have a higher call- sition of the Congress on the issue of ing in the Congress of the United SECTION 1. SHORT TITLE. increased use of safety belts. That is This Act may be cited as the ‘‘National States than to do everything we can to the purpose of this legislation. foster the dreams and ambitions and Highway Safety Act of 2003’’. It is just unfortunate, but those with SEC. 2. HIGHWAY SAFETY IMPROVEMENT PRO- the productivity of our Nation’s youth? reckless intent quickly disregard re- GRAM. I think not. And this is one of the sponsible behavior and drive unbelted (a) SAFETY IMPROVEMENT.— ways. at excessive speeds and many times (1) IN GENERAL.—Section 148 of title 23, Last year, 6 out of 10 children who with the use of alcohol. So no increased United States Code, is amended to read as died in car crashes did not have the dollars for improved road engineering, follows: belt on—6 out of 10; that is over half. I which is in this bill, can defy in many ‘‘§ 148. Highway safety improvement program plead with colleagues to join with me, instances and the type of personal con- ‘‘(a) DEFINITIONS.—In this section: join with the President who has taken duct that results in reckless behavior. ‘‘(1) HIGHWAY SAFETY IMPROVEMENT PRO- this initiative. It is as simple as that. GRAM.—The term ‘highway safety improve- My primary responsibility in the Our automobiles now come equipped ment program’ means the program carried Senate—and this is one of the reasons with crash avoidance technologies and out under this section. ‘‘(2) HIGHWAY SAFETY IMPROVEMENT I got interested in this subject—is the are more crashworthy than ever before, PROJECT.— welfare of the men and women in the but these advances are only part of the ‘‘(A) IN GENERAL.—The term ‘highway safe- Armed Forces. I say to colleagues, solution. ty improvement project’ means a project de- again, the statistics are tragic. Traffic In repeated testimony before the En- scribed in the State strategic highway safety fatalities are the leading non-combat vironment and Public Works Com- plan that—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16131 ‘‘(i) corrects or improves a hazardous road the State transportation improvement pro- ‘‘(ii) focus resources on areas of greatest location or feature; or gram under section 135(f). need; and ‘‘(ii) addresses a highway safety problem. ‘‘(6) STATE STRATEGIC HIGHWAY SAFETY ‘‘(iii) are coordinated with other State ‘‘(B) INCLUSIONS.—The term ‘highway safe- PLAN.—The term ‘State strategic highway highway safety programs; ty improvement project’ includes a project safety plan’ means a plan developed by the ‘‘(D) advance the capabilities of the State for— State transportation department that— for traffic records data collection, analysis, ‘‘(i) an intersection safety improvement; ‘‘(A) is developed after consultation with— and integration with other sources of safety ‘‘(ii) pavement and shoulder widening (in- ‘‘(i) a highway safety representative of the data (such as road inventories) in a manner cluding addition of a passing lane to remedy Governor of the State; that— an unsafe condition); ‘‘(ii) regional transportation planning or- ‘‘(i) complements the State highway safety ‘‘(iii) installation of rumble strips or an- ganizations, if any; program under chapter 4 and the commercial other warning device, if the rumble strips or ‘‘(iii) representatives of major modes of vehicle safety plan under section 31102 of other warning devices do not adversely affect transportation; title 49; the safety or mobility of bicyclists and pe- ‘‘(iv) local traffic enforcement officials; ‘‘(ii) includes all roads and bridges on the destrians; ‘‘(v) persons responsible for administering Federal-aid system; and ‘‘(iv) installation of a skid-resistant sur- section 130 at the State level; ‘‘(iii) identifies hazardous locations, sec- face at an intersection or other location with ‘‘(vi) representatives conducting Operation tions, and elements on public roads that con- a high frequency of accidents; Lifesaver; stitute a danger to motorists, bicyclists, and ‘‘(v) an improvement for pedestrian or bi- ‘‘(vii) representatives conducting a motor pedestrians; cyclist safety; carrier safety program under section 31104 or ‘‘(E)(i) determine priorities for the correc- ‘‘(vi)(I) construction of any project for the 31107 of title 49; tion of hazardous road locations, sections, elimination of hazards at a railway-highway ‘‘(viii) motor vehicle administration agen- and elements (including railway-highway crossing that is eligible for funding under cies; and crossing improvements), as identified section 130, including the separation or pro- ‘‘(ix) other major State and local safety through crash data analysis; tection of grades at railway-highway cross- stakeholders; ‘‘(ii) identify opportunities for preventing ings; ‘‘(B) analyzes and makes effective use of the development of such hazardous condi- ‘‘(II) construction of a railway-highway State, regional, or local crash data; tions; and crossing safety feature; or ‘‘(C) addresses engineering, management, ‘‘(iii) establish and implement a schedule ‘‘(III) the conduct of a model traffic en- operation, education, enforcement, and of highway safety improvement projects for forcement activity at a railway-highway emergency services elements of highway hazard correction and hazard prevention; and crossing; safety as key factors in evaluating highway ‘‘(F)(i) establish an evaluation process to ‘‘(vii) construction of a traffic calming fea- projects; analyze and assess results achieved by high- ture; ‘‘(D) considers safety needs of, and high-fa- way safety improvement projects carried out ‘‘(viii) elimination of a roadside obstacle; tality segments of, public roads; in accordance with procedures and criteria ‘‘(ix) improvement of highway signage and ‘‘(E) considers the results of State, reestablished by this section; and pavement markings; gional, or local transportation and highway ‘‘(ii) use the information obtained under ‘‘(x) installation of a priority control sys- safety planning processes in existence as of clause (i) in setting priorities for highway tem for emergency vehicles at signalized the date of enactment of this section; safety improvement projects. intersections; ‘‘(F) describes a program of projects or ‘‘(xi) installation of a traffic control or strategies to reduce or eliminate safety haz- ‘‘(d) ELIGIBLE PROJECTS.— other warning device at a location with high ards; ‘‘(1) IN GENERAL.—A State may obligate accident potential; ‘‘(G) is approved by the Governor of the funds apportioned to the State under this ‘‘(xii) safety-conscious planning; State or a responsible State agency; and section to carry out— ‘‘(xiii) improvement in the collection and ‘‘(H) is consistent with the requirements of ‘‘(A) any highway safety improvement analysis of crash data; section 135(f). project on any— ‘‘(xiv) planning, equipment, operational ac- ‘‘(b) PROGRAM.— ‘‘(i) road or bridge on the Federal-aid sys- tivities, or traffic enforcement activities (in- ‘‘(1) IN GENERAL.—The Secretary shall tem; or cluding police assistance) relating to carry out a highway safety improvement ‘‘(ii) publicly owned bicycle or pedestrian workzone safety; program. pathway or trail; or ‘‘(xv) installation of guardrails, barriers ‘‘(2) PURPOSE.—The purpose of the highway ‘‘(B) as provided in subsection (e), for other (including barriers between construction safety improvement program shall be to safety projects. work zones and traffic lanes for the safety of achieve a significant reduction in traffic fa- ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— motorists and workers), and crash attenu- talities and serious injuries on public roads. ‘‘(A) EFFECT OF SECTION.—Nothing in this ators; ‘‘(c) ELIGIBILITY.— section prohibits the use of funds made ‘‘(xvi) the addition or retrofitting of struc- ‘‘(1) IN GENERAL.—To receive funds under available under other provisions of this title tures or other measures to eliminate or re- this section, a State shall have in effect a for highway safety improvement projects. duce accidents involving vehicles and wild- State highway safety improvement program ‘‘(B) USE OF OTHER FUNDS.—States are en- life; or under which the State— couraged to address the full scope of their ‘‘(xvii) installation and maintenance of ‘‘(A) develops and implements a State stra- safety needs and opportunities by using signs (including fluorescent, yellow-green tegic highway safety plan that identifies and funds made available under other provisions signs) at pedestrian-bicycle crossings and in analyzes highway safety problems and oppor- of this title (except a provision that specifi- school zones. tunities as provided in paragraph (2); cally prohibits that use). ‘‘(3) PRIMARY SAFETY BELT LAW.—The term ‘‘(B) produces a program of projects or ‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A ‘primary safety belt law’ means a law that strategies to reduce identified safety prob- STRATEGIC HIGHWAY SAFETY PLAN.— authorizes a law enforcement officer to issue lems; and ‘‘(1) IN GENERAL.—To further the imple- a citation for the failure of the operator of, ‘‘(C) evaluates the plan on a regular basis mentation of a State strategic highway safe- or any passenger in, a motor vehicle to wear to ensure the accuracy of the data and pri- ty plan, a State may use up to 25 percent of a safety belt as required by State law, based ority of proposed improvements. the amount of funds made available under solely on that failure and without regard to ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH- this section for a fiscal year to carry out whether there is any other violation of law. WAY SAFETY PROBLEMS AND OPPORTUNITIES.— safety projects under any other section as ‘‘(4) SAFETY PROJECT UNDER ANY OTHER SEC- As part of the State strategic highway safety provided in the State strategic highway safe- TION.— plan, a State shall— ty plan. ‘‘(A) IN GENERAL.—The term ‘safety project ‘‘(A) have in place a crash data system ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY under any other section’ means a project with the ability to perform safety problem SAFETY PLANS.—Nothing in this subsection carried out for the purpose of safety under identification and countermeasure analysis; requires a State to revise any State process, any other section of this title. ‘‘(B) based on the analysis required by sub- plan, or program in effect on the date of en- ‘‘(B) INCLUSION.—The term ‘safety project paragraph (A), identify hazardous locations, actment of this section. under any other section’ includes a project sections, and elements (including roadside ‘‘(f) REPORTS.— to— obstacles, railway-highway crossing needs, ‘‘(1) IN GENERAL.—A State shall submit to ‘‘(i) promote the awareness of the public and unmarked or poorly marked roads) that the Secretary a report that— and educate the public concerning highway constitute a danger to motorists, bicyclists, ‘‘(A) describes progress being made to im- safety matters; or pedestrians, and other highway users; plement highway safety improvement ‘‘(ii) enforce highway safety laws. ‘‘(C) adopt strategic and performance- projects under this section; ‘‘(5) STATE HIGHWAY SAFETY IMPROVEMENT based goals that— ‘‘(B) assesses the effectiveness of those im- PROGRAM.—The term ‘State highway safety ‘‘(i) address traffic safety, including behav- provements; and improvement program’ means projects or ioral and infrastructure problems and oppor- ‘‘(C) describes the extent to which the im- strategies included in the State strategic tunities on all roads and bridges on the Fed- provements funded under this section con- highway safety plan carried out as part of eral-aid system; tribute to the goals of—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16132 CONGRESSIONAL RECORD — SENATE December 9, 2003 ‘‘(i) reducing the number of fatalities on ‘‘148. Highway safety improvement pro- amended by subsection (a)), a State shall de- roadways; gram.’’. velop and implement a State strategic high- ‘‘(ii) reducing the number of roadway-re- (b) APPORTIONMENT OF HIGHWAY SAFETY IM- way safety plan as required by subsection (c) lated injuries; PROVEMENT PROGRAM FUNDS.—Section 104(b) of that section not later than October 1 of ‘‘(iii) reducing the occurrences of roadway- of title 23, United States Code, is amended— the second fiscal year after the date of enact- related accidents; (1) in the matter preceding paragraph (1), ment of this Act. ‘‘(iv) mitigating the consequences of road- by inserting after ‘‘Improvement program,’’ (2) INTERIM PERIOD.— way-related accidents; and the following: ‘‘the highway safety improve- (A) IN GENERAL.—Before October 1 of the ‘‘(v) reducing the occurrences of roadway- ment program,’’; and second fiscal year after the date of enact- railroad grade crossing accidents. (2) by adding at the end the following: ment of this Act and until the date on which ‘‘(2) CONTENTS; SCHEDULE.—The Secretary ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO- a State develops and implements a State shall establish the content and schedule for GRAM.— strategic highway safety plan, the Secretary a report under paragraph (1). ‘‘(A) IN GENERAL.—For the highway safety shall apportion funds to a State for the high- ‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY improvement program, in accordance with way safety improvement program and the IMPROVEMENT PROJECTS.—The Federal share the following formula: State may obligate funds apportioned to the of the cost of a highway safety improvement ‘‘(i) 25 percent of the apportionments in State for the highway safety improvement project carried out with funds made avail- the ratio that— program under section 148 for projects that able under this section shall be 90 percent. ‘‘(I) the total lane miles of Federal-aid were eligible for funding under sections 130 ‘‘(h) USE OF FUNDS.— highways in each State; bears to and 152 of that title, as in effect on the day ‘‘(1) PROJECTS UNDER SECTION 402.—For fis- ‘‘(II) the total lane miles of Federal-aid before the date of enactment of this Act. cal year 2005 and each fiscal year thereafter, highways in all States. (B) NO STRATEGIC HIGHWAY SAFETY PLAN.— 10 percent of the funds made available to a ‘‘(ii) 40 percent of the apportionments in If a State has not developed a strategic high- State under this section shall be obligated the ratio that— way safety plan by October 1 of the second for projects under section 402, unless by Oc- ‘‘(I) the total vehicle miles traveled on fiscal year after the date of enactment of tober 1 of the fiscal year, the State— lanes on Federal-aid highways in each State; this Act, but demonstrates to the satisfac- ‘‘(A) has in effect a primary safety belt bears to tion of the Secretary that progress is being law; or ‘‘(II) the total vehicle miles traveled on made toward developing and implementing ‘‘(B) demonstrates that the safety belt use lanes on Federal-aid highways in all States. such a plan, the Secretary shall continue to rate in the State is at least 90 percent. ‘‘(iii) 35 percent of the apportionments in apportion funds for 1 additional fiscal year ‘‘(2) WITHHOLDING.— the ratio that— for the highway safety improvement pro- ‘‘(A) IN GENERAL.—For fiscal year 2007, the ‘‘(I) the estimated tax payments attrib- gram under section 148 of title 23, United Secretary shall withhold 2 percent, and for utable to highway users in each State paid States Code, to the State, and the State may each fiscal year thereafter, the Secretary into the Highway Trust Fund (other than the continue to obligate funds apportioned to shall withhold 4 percent, of the funds appor- Mass Transit Account) in the latest fiscal the State under this section for projects that tioned to a State under paragraphs (1), (3), year for which data are available; bears to were eligible for funding under sections 130 and (4) of section 104(b) and section 144 if, by ‘‘(II) the estimated tax payments attrib- and 152 of that title, as in effect on the day October 1 of that fiscal year, the State does utable to highway users in all States paid before the date of enactment of this Act. not— into the Highway Trust Fund (other than the (C) PENALTY.—If a State has not adopted a ‘‘(i) have in effect a primary safety belt Mass Transit Account) in the latest fiscal strategic highway safety plan by the date law; or year for which data are available. that is 2 years after the date of enactment of ‘‘(ii) demonstrate that the safety belt use ‘‘(B) MINIMUM APPORTIONMENT.—Notwith- this Act, funds made available to the State rate in the State is at least 90 percent. standing subparagraph (A), each State shall under section 1101(6) shall be redistributed to ‘‘(B) RESTORATION.—If, within 3 years after receive a minimum of 1⁄2 of 1 percent of the other States in accordance with section the date on which funds are withheld from a funds apportioned under this paragraph.’’. 104(b) of title 23, United States Code. State under subparagraph (A), the State has (c) ELIMINATION OF HAZARDS RELATING TO SECRETARY OF TRANSPORTATION in effect a primary safety belt law or has HIGHWAY FACILITIES.— Washington, DC, November 12, 2003. demonstrated that the safety belt use rate in (1) FUNDS FOR PROTECTIVE DEVICES.—Sec- Hon. JAMES INHOFE, the State is at least 90 percent, the apportion 130(e) of title 23, United States Code, is Chairman, Committee on Environment and Pub- tionment of the State shall be increased by amended— lic Works, U.S. Senate, Washington, DC. the amount withheld. (A) in the heading, by striking ‘‘PROTEC- DEAR MR. CHAIRMAN: With almost 43,000 ‘‘(C) LAPSE.—If, within 3 years after the TIVE DEVICES’’ and inserting ‘‘RAILWAY-HIGH- people dying every year on our nation’s high- date on which funds are withheld from a WAY CROSSINGS’’; way, it is imperative that we do everything State under subparagraph (A), the State does (B) by striking the first sentence and in- in our power to promote a safer transpor- not have in effect a primary safety belt law serting the following: tation system. The Bush Administration’s or has not demonstrated that the safety belt ‘‘(1) IN GENERAL.—For each fiscal year, at proposal to reauthorize surface transpor- use rate in the State is at least 90 percent, least $200,000,000 of the funds authorized and tation programs, the Safe, Accountable, the amount withheld shall lapse.’’. expended under section 148 shall be available Flexible and Efficient Transportation Equity (2) ALLOCATIONS OF APPORTIONED FUNDS.— for the elimination of hazards and the instal- Act of 2003 (SAFETEA), offers several bold Section 133(d) of title 23, United States Code, lation of protective devices at railway-high- and innovative approaches to address this is amended— way crossings.’’; and crisis. President Bush and I believe that increas- (A) by striking paragraph (1); (C) by striking ‘‘Sums authorized’’ and ining safety belt usage rates is the single most (B) by redesignating paragraphs (2) serting the following: effective means to decrease highway fatali- through (5) as paragraphs (1) through (4), re- ‘‘(2) OBLIGATION.—Sums authorized’’. ties and injuries. As a result, SAFETEA’s spectively; (2) BIENNIAL REPORTS TO CONGRESS.—Sec- new core highway safety program provides (C) in paragraph (2) (as redesignated by tion 130(g) of title 23, United States Code, is States with powerful funding incentives to amended in the third sentence— subparagraph (B))— increase the percentage of Americans who (i) in the first sentence of subparagraph (A) by inserting ‘‘and the Committee on buckle up every time they get in an auto- (A)— Commerce, Science, and Transportation,’’ mobile. Every percentage point increase in (I) by striking ‘‘subparagraphs (C) and (D)’’ after ‘‘Public Works’’; and the national safety belt usage rate saves and inserting ‘‘subparagraph (C)’’; and (B) by striking ‘‘not later than April 1 of hundreds of lives and millions of dollars in (II) by striking ‘‘80 percent’’ and inserting each year’’ and inserting ‘‘every other year’’. lost productivity. ‘‘90 percent’’; (3) EXPENDITURE OF FUNDS; APPORTION- Empirical evidence shows that the surest (ii) by striking subparagraph (C); MENT.—Section 130 of title 23, United States way for a State to increase safety belt usage (iii) by redesignating subparagraphs (D) Code, is amended by adding at the end the is through the passage of a primary safety and (E) as subparagraphs (C) and (D), respec- following: belt law. States with primary belt laws have tively; and ‘‘(k) EXPENDITURE OF FUNDS; APPORTION- safety belt usage rates that are on average (iv) in subparagraph (C) (as redesignated by MENT.—Funds made available to carry out eight percentage points higher than States clause (iii)), by adding a period at the end; this section shall be— with secondary laws. Recognizing that and ‘‘(1) available for expenditure on compila- States may have other innovative methods (D) in paragraph (4)(A) (as redesignated by tion and analysis of data in support of activi- to achieve higher rates of belt use, subparagraph (B)), by striking ‘‘paragraph ties carried out under subsection (g); and SAFETEA also rewards States that achieve (2)’’ and inserting ‘‘paragraph (1)’’. ‘‘(2) apportioned in accordance with sec- 90% safety belt usage rates even if a primary (3) CONFORMING AMENDMENTS.— tion 104(b)(5).’’. safety belt law is not enacted. I urge you to (A) Chapter 1 of title 23, United States (d) TRANSITION.— consider these approaches as your Com- Code, is amended by striking the item relat- (1) IMPLEMENTATION.—Except as provided mittee marks up reauthorization legislation. ing to section 148 and inserting the fol- in paragraph (2), to qualify for funding under While safety belts are obviously critical to lowing: section 148 of title 23, United States Code (as reducing highway fatalities, so too is a data

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16133 driven approach to providing safety. Every we will have to save thousands and (1) IN GENERAL.—Subsection (i) of section State faces its own unique safety challenges, thousands of lives every year. So I sa- 1860D–11 of the Social Security Act, as added and every State must be given broad funding lute my colleague from Virginia. by section 101 of the Medicare Prescription flexibility to solve those challenges. This is Drug, Improvement, and Modernization Act a central theme of SAFETEA, which aims to By Mr. DASCHLE (for Mr. FEIN- of 2003, is repealed. provide States the ability to use scarce re- (2) CONFORMING AMENDMENT.—Subsection sources to meet their own highest priority GOLD): S. 1994. A bill to amend part D of (j) of section 1860D–11 of the Social Security needs. Such flexibility is essential for States Act, as added by section 101 of the Medicare to maximize their resources, including the title XVIII of the Social security Act Prescription Drug, Improvement, and Mod- funds available under a new core highway to strike the language that prohibits ernization Act of 2003, is redesignated as sub- safety program. the Secretary of Health and Human section (i). I look forward to working with you on Services from negotiating prices for (b) EFFECTIVE DATE.—The amendments these critically important safety issues as prescription drugs furnished under the made by this section shall take effect as if development of a surface transportation re- included in the enactment of section 101 of authorization bill progresses. Medicare program; to the Committee on Finance. the Medicare Prescription Drug, Improve- Sincerely yours, ment, and Modernization Act of 2003.∑ NORMAN Y. MINETA. (At the request of Mr. DASCHLE, the following statement was ordered to be Mr. DEWINE. Mr. President, let me By Mr. DASCHLE (for Mr. FEIN- printed in the RECORD.) first congratulate my colleague from GOLD): ∑ Mr. FEINGOLD. Mr. President, Virginia, Senator WARNER, for the very S. 1995. A bill to amend title XVIII of today I am introducing a bill that will fine statement he just made a moment the Social Security Act to repeal the fix one of the fundamental flaws in the ago about the bill that he and Senator MA Regional Plan Stabilization Fund; new Medicare prescription drug ben- CLINTON are introducing with regard to to the Committee on Finance. the primary seatbelt law. This is some- efit. The ‘‘Efficiency in Government ∑ Mr. FEINGOLD. Mr. President, today thing I have been interested in for Health Care Spending Act’’ will remove I am introducing a bill that will re- some time. I congratulate them for language included in the new benefit move the multi-billion dollar ‘‘sta- that prohibits the Medicare program their very fine bill and Senator WAR- bilization fund’’ from the new Medicare from negotiating prescription drug NER’s very fine statement. He is abso- prescription drug benefit. This sta- lutely correct. If we are serious about prices with manufacturers. The new bilization fund is in essence a slush saving lives on our highways in this Medicare prescription drug benefit does fund that gives billions of dollars to country, there really is nothing more far too little to bring down the prices private insurance companies. This is important that we can do than to get of prescription drugs. In fact, it actu- not an efficient use of taxpayers’ dol- our fellow citizens to buckle up. ally takes away one of the best tools lars. In fact, it’s not clear why it’s even We have made great progress in this the Medicare program could use in necessary. If private managed care area, but the fact that many of our bringing down prescription drug prices plans are successful in bring costs States do not have a primary seatbelt by denying the government the ability down, as backers of the new Medicare law on the books costs us thousands to negotiate price discounts on behalf bill expect, and if seniors supposedly and thousands of lives each year. As of Medicare beneficiaries. My bill will want to choose private plans, as back- my colleague from Virginia so elo- allow the Federal Government to take ers of the new Medicare bill believe, quently stated in this Chamber a few advantage of the purchasing power of then why should American taxpayers minutes ago, all the experts—everyone the Medicare program Medicare, saving pay private companies more money to who knows anything about highway millions of taxpayers’ dollars while re- get more people to enroll in them? safety—will tell you that the most im- ducing the costs of prescription drugs We should not be subsidizing private portant thing that we could do and the for Medicare beneficiaries. health insurance companies in the easiest thing we could do would be to I ask unanimous consent that the name of Medicare reform. It is fiscally have every State of the Union tomor- text of this legislation be printed in irresponsible, in a time of record defi- row, instantly, have a primary seatbelt the RECORD. cits, to use taxpayers’ dollars as a give- safety law. There being no objection, the bill was away to private insurance companies. That simply means if law enforce- ordered to be printed in the RECORD, as By removing this multi-billion slush ment, instead of having to wait for an- follows: fund, my bill will save the American other type of violation before they S. 1994 taxpayers billions of dollars. Many an- could cite someone for not wearing a Be it enacted by the Senate and House of Rep- alysts predict that the new Medicare seatbelt could cite someone directly resentatives of the United States of America in prescription drug benefit will surpass for not using a seatbelt, the use of Congress assembled, the $400 billion budgeted for it. We need seatbelts would dramatically increase SECTION 1. SHORT TITLE. to look carefully at how we spend in this country. That is what has hap- This Act may be cited as the ‘‘Efficiency in Medicare dollars, so that we can ensure pened in every single State that has Government Health Care Spending Act’’. that the program remains solvent for SEC. 2. FINDINGS. future generations. had these laws enacted. Seatbelt use Congress makes the following findings: dramatically goes up almost overnight. I ask unanimous consent that the (1) Prohibiting the Federal Government text of this legislation be printed in We know there is an inverse relation- from negotiating prescription drug prices the RECORD. ship between the use of seatbelts and with manufacturers fails to take advantage (At the request of Mr. DASCHLE, the auto fatalities. Thousands and thou- of the purchasing power of the Medicare pro- following statement was ordered to be sands of Americans’ lives would be gram. printed in the RECORD.) saved every single year. I wanted to (2) Negotiating prescription drug prices There being no objectin, the bill was come to the floor this afternoon after I can reduce the costs of prescription drugs for ordered to be printed in the RECORD, as listened to my colleague’s speech in both the Medicare program and taxpayers. follows: my office. I wanted to thank him. He (3) A 2002 study by the inspector general of the Department of Health and Human Serv- S. 1995 has been a real leader in the area of ices found that— highway safety and this is certainly Be it enacted by the Senate and House of Rep- (A) both the Medicare program and the resentatives of the United States of America in one more example of his leadership. beneficiaries of the Medicare program con- Congress assembled, When we take up the highway safety tinually pay too much for medical equip- SECTION 1. REPEAL OF MA REGIONAL PLAN STA- bill next year, there are a number of ment and medical supplies; and BILIZATION FUND. highway safety initiatives on which I (B) if the Medicare program paid the same (a) PURPOSE OF SECTION.—The purpose of have been working. I intend to bring prices for 16 health care supplies as the De- this section is to reduce the Federal budget them to the floor and talk about them partment of Veterans Affairs, which directly deficit and to more efficiently use taxpayer and offer them as amendments, offer negotiates prices with manufacturers, pays dollars in health care spending. for those supplies, the Federal Government (b) REPEAL OF MA REGIONAL PLAN STA- them as initiatives. Frankly, there is could save $958,000,000 each year. BILIZATION FUND.—Section 1858 of the Social nothing as important as what my col- SEC. 3. ELIMINATION OF PROHIBITION OF NEGO- Security Act, as added by section 221(c) of league from Virginia has suggested. TIATION OF PRICES. the Medicare Prescription Drug, Improve- I hope the Senate will take this very (a) REPEAL OF NONINTERFERENCE PROVI- ment, and Modernization Act of 2003, is seriously. This is a great opportunity SION.— amended—

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Corps projects have provided other financial resources it needs to plan for (c) CONFORMING AMENDMENT.—Section parts of the state. the future and improve the quality of 1851(i)(2) of the Social Security Act (42 U.S.C. In addition to the irrigation benefits life for all tribal members. 1395w–21(i)(2)), as amended by section the Angostura Unit provides to ranch- This legislation is just one small, yet 221(d)(5) of the Medicare Prescription Drug, ers and agricultural producers in the important, step toward ensuring that Improvement, and Modernization Act of 2003, area, a substantial recreation industry U.S. natural resource policies are fair is amended by striking‘‘1858(h)’’ and insert- has developed around the reservoir, in- to American Indians, and I look for- ing ‘‘1858(g)’’. cluding boating and fishing. However, ward to working with my colleagues to (d) EFFECTIVE DATE.—The amendments members of the Oglala Sioux on the made by this section shall take effect as if enact it. included in the enactment of the Medicare Pine Ridge Indian Reservation have I ask unanimous consent that the Prescription Drug, Improvement, and Mod- not seen equal economic benefits from text of the legislation be printed in the ∑ the Angostura Unit as those experi- ernization Act of 2003. RECORD. enced from the recreation and irriga- There being no objection, the bill was By Mr. DASCHLE: tion in Fall River County. The Chey- ordered to be printed in the RECORD, as S. 1996. A bill to enhance and provide enne River forms the northern bound- follows: to the Oglada Sioux Tribe and Angos- ary of the reservation, which is just 20 tura Irrigation Project certain benefits miles downstream from the reservoir, S. 1996 of the Pick-Sloan Missouri River basin and is an important natural resource Be it enacted by the Senate and House of Rep- program; to the Committee on Indian for the tribe. The river is essential to resentatives of the United States of America in Affairs. the survival of riparian vegetation, tra- Congress assembled, Mr. DASCHLE. Mr. President, today ditional medicinal plants, fish, and SECTION 1. SHORT TITLE. I am introducing the Oglala Sioux wildlife habitat. The impoundment of This Act may be cited as the ‘‘Oglala Sioux Tribe Angostura Irrigation Project Re- water in the reservoir has curbed the Tribe Angostura Irrigation Project Rehabili- habilitation and Development Act. I Cheyenne River’s natural flow, and tation and Development Act’’. have worked with the leadership of the water quality is reduced. This, coupled SEC. 2. FINDINGS. Oglala Sioux Tribe to develop this leg- with the worst drought the region has Congress finds that— islation, which is intended to benefit seen in a decade, severely affects water (1) Congress approved the Pick-Sloan Mis- the Lakota people by restoring critical resources on the reservation. souri River basin program by passing the Act water resources and promoting eco- The Oglala Sioux Tribe’s leadership of December 22, 1944 (commonly known as the ‘‘Flood Control Act of 1944’’) (33 U.S.C. nomic development on the Pine Ridge has long had a desire to address these 701–1 et seq.)— Indian Reservation. problems, and this legislation is an im- (A) to promote the economic development The Angostura Unit of the Bureau of portant manifestation of their effort. of the United States; Reclamation was first authorized by During revision of the Angostura (B) to provide for irrigation in regions Congress under the Water Conservation Unit’s water management plan in 2002, north of Sioux City, Iowa; and Utilization Act of 1939, and later the Bureau of Reclamation considered (C) to protect urban and rural areas from continued under the Flood Control Act a variety of alternatives for future op- devastating floods of the Missouri River; and of 1944, otherwise known as the Pick- erations, but the tribe felt their con- (D) for other purposes; (2) the Angostura Unit— Sloan Missouri River Basin Project. cerns about the economic and environ- (A) is a component of the Pick-Sloan pro- The program consisted primarily of mental effects the reservoir has on the gram; and building the six mainstem dams on the reservation were not adequately ad- (B) provides for— Missouri River, to be operated by the dressed. One alternative considered by (i) irrigation of 12,218 acres of productive U.S. Army Corps of Engineers, along the Bureau of Reclamation during this farm land in the State; and with several Bureau-operated irriga- review would return natural flows to (ii) substantial recreation and fish and tion and water development projects. the Cheyenne River, and would provide wildlife benefits; The Angostura Unit was designed to more water downstream for the tribe (3) the Commissioner of Reclamation has determined that— provide irrigation to 12,218 acres of and would improve reservation condi- (A) the national economic development farm and ranch land in the Angostura tions. The Bureau took a different ap- benefits from irrigation at the Angostura Irrigation District, as well as flood proach, however—one that calls for im- Unit total approximately $3,410,000 annually; control, fish, and wildlife benefits. proved irrigation operations and a and Tribes in South Dakota existed long more efficient distribution of water re- (B) the national economic development before the creation of the Bureau of sources in the irrigation district. These benefits of recreation at Angostura Res- Reclamation or the implementation of improvements would help free up addi- ervoir total approximately $7,100,000 annu- the water development projects in tional water resources and hopefully ally; South Dakota today. Tribes therefore (4) the Angostura Unit impounds the Chey- lead to improved conditions on the enne River 20 miles upstream of the Pine have a vested interest in the operation Cheyenne River that would benefit the Ridge Indian Reservation in the State; of these projects. While the projects tribe. (5)(A) the Reservation experiences ex- have been helpful in meeting their au- The Angostura Irrigation Project Re- tremely high rates of unemployment and thorized goals, they also contribute to habilitation and Development Act poverty; and adverse economic and environmental would authorize the efficiency im- (B) there is a need for economic develop- conditions on tribal reservations. In provements proposed by the Bureau of ment on the Reservation; particular, the Missouri River res- Reclamation, benefitting both existing (6) the national economic development ervoirs managed by the Corps led to water users and the tribe. The legisla- benefits of the Angostura Unit do not extend to the Reservation; the taking of thousands of acres of fer- tion also would authorize the creation (7) the Angostura Unit may be associated tile river land from Indian tribes, and of a trust fund to compensate the tribe with negative affects on water quality and with that taking, the tribes lost valu- for the economic impacts and lost nat- riparian vegetation in the Cheyenne River on able natural resources. ural resources caused by the operation the Reservation; Federal agencies were directed of the Angostura Unit. This trust fund (8) rehabilitation of the irrigation facili- through subsequent acts to provide for will be used by the tribe to promote ties at the Angostura Unit would— the rehabilitation of the lost fish and economic development, improve infra- (A) enhance the national economic devel- wildlife habitat and to generally im- structure, and enhance the education, opment benefits of the Angostura Unit; and (B) result in improved water efficiency and prove conditions on the reservations, health, and general welfare of the Og- environmental restoration benefits on the but results were slow in coming, and lala Lakota people. This dual track Reservation; and often never materialized. Legislation will both help ensure continued and ef- (9) the establishment of a trust fund for was enacted several years ago to fi- ficient operation of the Angostura Unit the Oglala Sioux Tribe would—

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(A) produce economic development benefits Treasury shall, from the General Fund of the (B) UPDATING OF PLAN.— for the Reservation comparable to the bene- Treasury, deposit in the Fund— (i) IN GENERAL.—The Tribal Council may, fits produced at the Angostura Unit; and (1) such sums as the Secretary of the on an annual basis, revise the plan to update (B) provide resources that are necessary Treasury, in consultation with the Sec- the plan. for restoration of the Cheyenne River cor- retary, the Secretary of Health and Human (ii) REVIEW AND COMMENT.—In revising the ridor on the Reservation. Services, and the Tribal Council, are nec- plan, the Tribal Council shall provide the SEC. 3. DEFINITIONS. essary to carry out development under this members of the Tribe opportunity to review In this Act: title; and and comment on any proposed revision to (1) ANGOSTURA UNIT.—The term ‘‘Angos- (2) the amount that equals the amount of the plan. tura Unit’’ means the irrigation unit of the interest that would have accrued on the (C) CONSULTATION.—In preparing the plan Angostura irrigation project developed under amount described in paragraph (1) if that and any revisions to update the plan, the the Act of August 11, 1939 (16 U.S.C. 590y et amount had been invested in interest-bear- Tribal Council shall consult with the Sec- seq.). ing obligations of the United States, or in retary and the Secretary of Health and (2) FUND.—The term ‘‘Fund’’ means the Og- obligations guaranteed as to both principal Human Services. lala Sioux Tribal Development Trust Fund and interest by the United States, on the (4) AUDIT.— established by section 201(a). first day of the first fiscal year that begins (A) IN GENERAL.—The activities of the (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick- after the date of enactment of this Act and Tribe in carrying out the plan shall be au- Sloan program’’ means the Pick-Sloan Mis- compounded annually thereafter. dited as part of the annual single-agency (c) INVESTMENT OF TRUST FUND.— souri River basin program approved under audit that the Tribe is required to prepare (1) IN GENERAL.—The Secretary of the the Act of December 22, 1944 (commonly pursuant to the Office of Management and Treasury shall invest such portion of the known as the ‘‘Flood Control Act of 1944’’) Budget circular numbered A–133. Fund as is not, in the judgment of the Sec- (33 U.S.C. 701–1 et seq.). (B) DETERMINATION BY AUDITORS.—The retary of the Treasury, required to meet cur- (4) PLAN.—The term ‘‘plan’’ means the de- auditors that conduct the audit under sub- rent withdrawals. velopment plan developed by the Tribe under paragraph (A) shall— (2) ACQUISITION OF OBLIGATIONS.—Such in- section 201(f). (i) determine whether funds received by vestments may be made only in interest- (5) RESERVATION.—The term ‘‘Reservation’’ the Tribe under this section for the period bearing obligations of the United States or means the Pine Ridge Indian Reservation in covered by the audit were expended to carry in obligations guaranteed as to both prin- the State. out the plan in a manner consistent with cipal and interest by the United States. (6) SECRETARY.—The term ‘‘Secretary’’ this section; and (3) INTEREST.—The Secretary of the Treas- means the Secretary of the Interior. (ii) include in the written findings of the ury shall deposit interest resulting from (7) STATE.—The term ‘‘State’’ means the audit the determination made under clause such investments into the Fund. State of South Dakota. (i). (d) PAYMENT OF INTEREST TO TRIBE.— (8) TRIBAL COUNCIL.—The term ‘‘Tribal (C) INCLUSION OF FINDINGS WITH PUBLICA- (1) WITHDRAWAL OF INTEREST.—Beginning TION OF PROCEEDINGS OF TRIBAL COUNCIL.—A Council’’ means the governing body of the on the first day of the 11th fiscal year after copy of the written findings of the audit de- Tribe. the date of enactment of this Act and, on the scribed in subparagraph (A) shall be inserted (9) TRIBE.—The term ‘‘Tribe’’ means the first day of each fiscal year thereafter, the in the published minutes of the Tribal Coun- Oglala Sioux Tribe of South Dakota. Secretary of the Treasury shall transfer the cil proceedings for the session at which the TITLE I—REHABILITATION aggregate amount of interest deposited into audit is presented to the Tribal Council. SEC. 101. REHABILITATION OF FACILITIES AT AN- the Fund for the fiscal year to the Secretary GOSTURA UNIT. for use in accordance with paragraph (3). (g) PROHIBITION OF PER CAPITA PAY- MENTS.—No portion of any payment made The Secretary may carry out the rehabili- (2) AVAILABILITY.—Each amount trans- tation and improvement of the facilities at ferred under paragraph (1) shall be available under this title may be distributed to any the Angostura Project described in the re- without fiscal year limitation. member of the Tribe on a per capita basis. port entitled ‘‘Angostura Unit Contract Ne- (3) PAYMENTS TO TRIBE.— SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN gotiation and Water Management Final En- (A) IN GENERAL.—The Secretary shall use PROGRAMS AND SERVICES. vironmental Impact Statement’’, dated Au- the amounts transferred under paragraph (1) No payment made to the Tribe under this gust 2002. only for the purpose of making payments to title shall result in the reduction or denial of SEC. 102. DELIVERY OF WATER TO PINE RIDGE the Tribe, as such payments are requested by any service or program with respect to INDIAN RESERVATION. the Tribe pursuant to tribal resolution. which, under Federal law— The Secretary shall provide for— (B) LIMITATION.—Payments may be made (1) the Tribe is otherwise entitled because (1) to the maximum extent practicable, the by the Secretary of the Interior under sub- of the status of the Tribe as a federally rec- delivery of water saved through the rehabili- paragraph (A) only after the Tribe has adopt- ognized Indian tribe; or tation and improvement of the facilities of ed a plan under subsection (f). (2) any individual who is a member of the the Angostura Unit to the Pine Ridge Indian (C) USE OF PAYMENTS BY TRIBE.—The Tribe Tribe is entitled because of the status of the Reservation; and shall use the payments made under subpara- individual as a member of the Tribe. (2) the use of that water for purposes of en- graph (B) only for carrying out projects and SEC. 203. AUTHORIZATION OF APPROPRIATIONS. vironmental restoration on the Pine Ridge programs under the plan prepared under sub- There are authorized to be appropriated Indian Reservation. section (f). such sums as are necessary to pay the ad- (e) LIMITATION ON TRANSFERS AND WITH- SEC. 103. EFFECT ON OTHER LAW. ministrative expenses of the Fund. Nothing in this title affects— DRAWALS.—Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury (1) any reserved water rights or other By Mr. BYRD (for himself, Mr. rights of the Tribe; shall not transfer or withdraw any amount (2) any service or program to which, in ac- deposited under subsection (b). BAYH, and Mr. ROCKEFELLER): (f) DEVELOPMENT PLAN.— cordance with Federal law, the Tribe, or an S. 1997. A bill to reinstate the safe- (1) IN GENERAL.—Not later than 18 months individual member of the Tribe, is entitled; guard measures imposed on imports of after the date of enactment of this Act, the or certain steel products, as in effect on governing body of the Tribe shall prepare a (3) any water rights in existence on the plan for the use of the payments to the Tribe December 4, 2003; to the Committee on date of enactment of this Act held by any under subsection (d). Finance. person or entity. (2) CONTENTS.—The plan shall provide for Mr. BYRD. Mr. President, last week, SEC. 104. AUTHORIZATION OF APPROPRIATIONS. the manner in which the Tribe shall expend the Bush administration—in what has There is authorized to be appropriated payments to the Tribe under subsection (d) become its normal pattern—ignored such sums as are necessary to carry out this to promote— title, to remain available until expended. the pleas of thousands of hardworking (A) economic development; Americans. It lifted the steel tariffs it TITLE II—DEVELOPMENT (B) infrastructure development; had promised the U.S. steel industry SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT (C) the educational, health, recreational, TRUST FUND. and social welfare objectives of the Tribe and and imposed on foreign imports back in (a) OGLALA SIOUX TRIBAL DEVELOPMENT members of the Tribe; or March of 2002. TRUST FUND.—There is established in the (D) any combination of the activities de- Despite its earlier pledge to stand by Treasury of the United States a fund to be scribed in subparagraphs (A) through (C). America’s steelworkers, the White known as the ‘‘Oglala Sioux Tribal Develop- (3) PLAN REVIEW AND REVISION.— House, in typical fashion, decided to ment Trust Fund’’, consisting of any (A) IN GENERAL.—The Tribal Council shall turn its back on our highest valued amounts deposited in the Fund under this make available for review and comment by title. the members of the Tribe a copy of the plan workers and most vulnerable retirees. (b) FUNDING.—On the first day of the 11th before the plan becomes final, in accordance In a fit of pique and hard-hearted hu- fiscal year that begins after the date of en- with procedures established by the Tribal bris, the White House decided to lift actment of this Act, the Secretary of the Council. U.S. tariffs on foreign steel imports 15

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16136 CONGRESSIONAL RECORD — SENATE December 9, 2003 months ahead of time, instead of let- key to the national economic security cans cannot be expected to support a ting the tariffs stay in place until of our Nation. Without steel, we cannot system that works against them, rath- March 2005, as is permitted by U.S. law. guarantee America’s national security. er than for them. Why? Why would the White House be- Without steel, we could not have re- By lifting the tariffs, the administra- tray America’s steel industry—the built after September 11. And I am not tion is allowing Brazil, the European backbone of America’s industrial the only one who thinks that steel is Union, Japan, and other nations, once base—particularly during this time of integral to America’s economic and na- again, to flood the U.S. market with war? Of national emergency? No. Be- tional security. Just a few days before imports. The Bush administration cause the President feared retaliation that fateful September day, on August could have stood up for America’s from America’s trading partners, he 26, 2001, President Bush told America’s steelworkers like those at Weirton, quivered at the threat that they would steelworkers: ‘‘If you’re worried about WV, and Wheeling-Pittsburgh Steel in retaliate against U.S. exports if he did the security of the country and you be- West Virginia, and demanded that not lift the 201 tariffs. He cowered in come over reliant upon foreign sources other countries respect the legitimate the face of exactly those nations whose of steel, it can easily affect the capac- rights of the United States in the world steel exports to the United States have ity of our military to be well supplied. trading system. But this administra- driven 42 U.S. steel companies to their Steel is an important jobs issue; it is tion chose to back down, to lose face, knees and into bankruptcy. His resolve also an important national security to sit back and watch, once more, collapsed in the face of retaliatory issue.’’ threats from America’s most virulent With an annual take deficit of almost while thousands of additional U.S. competitors, whose illegal trade $500 billion, Americans have a right to steel jobs are destroyed by wave after against the United States has already expect that international trade rules wave of foreign imports. cost nearly 50,000 steelworkers their with work for them; not against them. The administration does not seem to jobs. They also have a right to know that care if the U.S. steel industry is de- America’s foreign trade opponents the United States can respond as it stroyed at a time of war and in the gambled that this President lacked the must to the type of trade crises that midst of a national emergency. Presi- resolve to stand up to them and to the have been suffered by America’s steel dent Bush did not even care enough to WTO. Do you know? They were right. industry for years. personally inform the U.S. steel indus- They were sadly correct. There was absolutely no reason to try, its workers, and their families of But this President, George W. Bush, lift the steel 201 tariffs. They are fully his decision to lift the tariffs. No!! In- did not need to cave like a ‘‘weak consistent with both U.S. law and our stead, he sent a trade negotiator, Mr. willy’’ in the face of belligerent foreign international agreements—regardless Zoellick, to do his dirty work. Ambas- bullies. Instead, he could have invoked of the view of the WTO. The purpose of sador Zoellick had the audacity to tell Article XXI of the GATT, a viable 201 relief is to give the domestic indus- us that the tariffs are ‘‘no longer nec- trade tool that has been legitimately try time to adjust to import competi- essary.’’ No longer necessary. And why and successfully employed by the tion. Our valiant steel industry is did he say that they are no longer nec- United States in the past to exempt doing just that by pursuing unprece- essary? They are no longer necessary itself from the GATT, now the WTO, in dented restructuring and new invest- because, he said, ‘‘these safeguard a time of war or national emergency. ment. Since the 201 tariffs were im- measures have achieved their purpose.’’ The President on July 31, 2003, for- posed, flat-rolled steel producers alone The only purpose that I can see in mally proclaimed our Nation to be in a have invested more than $3 billion to this decision to shut the tariff program continued state of emergency. As a re- enhance their productivity. Critics of the 201 relief have been down is to succumb to threats and de- sult of the President’s own misguided mands from abroad. The only effect and ill-advised actions, we remain en- proved wrong on every significant fact concerning that relief. They said that will be the loss of more steel manufac- gaged militarily in Iraq. turing jobs here at home. On July 31, 2003, President Bush for- once the tariffs were imposed, steel mally declared that, in accordance prices would go through the roof. Yet, On October 27, 2000, Mr. DICK CHE- with section 202(d) of the National prices have risen only modestly, and NEY—do you know him? He is now Vice Emergencies Act, he was ‘‘continuing much less than abroad. The critics President of the United States—just a for one year the national emergency claimed that U.S. steel companies few days before the elections he came with respect to Iraq.’’ We also continue would do nothing to improve their to Weirton, WV, to campaign for the to face an ongoing war against ter- competitiveness. But our Nation is wit- Bush-Cheney ticket. During that visit, rorism, both here at home and abroad. nessing the most dramatic restruc- Mr. CHENEY forcefully pledged to help So, President Bush had—and has— turing in the industry’s history. The America’s steelworkers. He said, ‘‘We ample authority to invoke a provision critics also claimed that the tariffs will never lie to you. If our trading of GATT 1994, negotiated by the United would be bad for the U.S. economy, but partners violate our trading laws, we States and available to all WTO Mem- the non-partisan U.S. International will respond swiftly and firmly.’’ bers, that would permit him to exempt Trade Commission, ITC, recently found Promise made, promise broken. Un- protections for the U.S. steel industry that the potential costs are minus- fortunately, like so many commit- from retaliation by foreign countries. cule—only about 2 percent of what ments this administration has made, But this President has so far lacked Americans spend each month at its pledge to help America’s steel in- the foresight or the fortitude to take McDonald’s—and not even a drop in the dustry got off to a headline-grabbing that step. Confronted with real threats bucket compared to the value we gain start, but has now been discarded, out of economic retaliation by determined by restoring a critical U.S. industry to of the glare of the campaign spotlight. competitors, the President folds like a long-term competitiveness. So now, only 3 years after Mr. CHE- house of cards astride the San Andreas Other nations’ actions in this Section NEY’s campaign-season vow of honesty fault. 201 dispute have been truly disgraceful. That is why, today, I am introducing The European Union originally threat- to America’s steelworkers, this White a bill that will do what the President ened to retaliate against the United House has taken an axe to the 201 tar- refused to do. It will reinstate the 201 States immediately upon the Presi- iffs and betrayed the trust of thousands relief and reimpose the 201 tariffs dent’s application of the safeguard of American families whose paychecks against foreign steel imports. Under measures in March 2002. In the end, it depend on the U.S. steel industry. my bill, the 201 tariffs will be put back hesitated. But its threat was sufficient Mr. President, the Bush White House in place to stop foreign import surges, to extort from the administration has absolutely failed the working fami- just as they did before the President so nearly unlimited exclusions from the lies across this country. This White ill-advisedly lifted the tariffs last tariffs to benefit foreign producers. House has traded the best interests of Thursday. And the tariffs will remain Acquiescing to this type of bullying the American people for the big special in place through March 5, 2005. jeopardizes the future of the U.S. steel interests of corporate campaign con- This administration should not have industry, and it undermines the integ- tributors. It is no surprise that the been bullied into abandoning the U.S. rity of, and support for, the entire Bush Administration would turn its steel industry. Our steel industry is international trading system. Ameri- back on steelworkers.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16137 When the Bush-Cheney ticket needed communities, yet it keeps coming ice is provided to Albuquerque, the West Virginia’s votes in 2000, it pledged back. State’s business center and largest to help our steel industry. At first, it In June, during consideration of the city. appeared as though the administration FAA reauthorization bill, Senator I believe this ill-conceived proposal would follow through on that promise. INHOFE and I, with 13 bipartisan co- requiring cities to pay to continue to The White House applied the steel tar- sponsors, offered an amendment that have commercial air service could not iffs, for which West Virginia was struck out a provision in that bill im- come at a worse time for small commu- thankful and for which I and other posing mandatory cost sharing on some nities already facing depressed econo- Senators congratulated, commended EAS communities. mies and declining tax revenues. and thanked the administration. But I was pleased the full Senate agreed As I understand it, the mandatory then the President exempted import and voted to eliminate mandatory cost cost-sharing requirements in the FAA after import from those tariffs. Now sharing from the FAA reauthorization reauthorization bill could affect com- the President has eliminated the tariffs bill. In parallel, the full House of Rep- munities in as many as 22 states. Based completely. resentatives adopted a similar amend- an analyses by my staff, the individual The Bush White House may have for- ment to the FAA bill. Thus, the bills cities that may be affected are as fol- gotten the promise made to the steel that were sent to conference required lows: industry in West Virginia, but thou- no cost sharing for EAS communities. Alabama—Muscle Shoals; Arizona—Pres- sands of West Virginians and other Most students of government would cott, Kingman; Arkansas—Hot Springs, Har- rison, Jonesboro; Colorado—Pueblo; Geor- steelworkers across the Nation will not tell you that when a majority of both houses of Congress have voted against gia—Athens; Iowa—Fort Dodge, Burlington; forget. The recognize a fair-weather Kansas—Salina; Kentucky—Owensboro; friend when they seen one. a particular measure, the conferees Maine—Augusta, Rockland; Michigan—Iron couldn’t arbitrarily put it back in. Mt.; Mississippi—Laurel; Nebraska—Norfolk; By Mr. BINGAMAN (for himself, Well, they did. In another example of New Hampshire—Lebanon; New Mexico— Ms. SNOWE, Mr. SCHUMER, Mr. this Congress’s secret back room deal- Hobbs, Alamogordo, Clovis; New York—Sara- LEAHY, Mrs. CLINTON, Mr. NEL- ing, the conferees excluded the minor- nac Lake, Watertown, Jamestown, Platts- SON of Nebraska, Mrs. LINCOLN, ity members, flagrantly ignored the burgh; Oklahoma—Ponca City, Enid; Penn- sylvania—Johnstown, Oil City, Bradford, Al- Mr. HAGEL, Mr. JEFFORDS, Mr. will of the majority in the House and toona; South Dakota—Brookings, Water- DOMENICI, Mr. HARKIN, and Mr. the Senate, and restored the very cost- town; Tennessee—Jackson; Texas—Victoria; PRYOR): sharing language both houses one Vermont—Rutland; Washington—Moses S. 1998. A bill to amend title 49, month before had voted to reject. I be- Lake. United States Code, to preserve the es- lieve adding this extraneous and objec- As I see it, the choice here is clear: If sential air service program; to the tionable provision was an egregious we do not preserve the Essential Air Committee on Commerce, Science, and violation of the conference process. Service Program today, we could soon Transportation. When cost sharing showed up in the see the end of all commercial air serv- Mr. BINGAMAN. Mr. President, I rise FAA conference report, Congress, with ice in rural areas. The EAS program today to introduce the bipartisan Es- bipartisan support, stopped the Depart- provides vital resources that help link sential Air Service Preservation Act of ment of Transportation from imple- rural communities to the national and 2003. I am pleased to have my colleague menting the measure for one year by global aviation system. Our bill will Senator SNOWE as the principal cospon- barring the use of 2004 appropriations preserve the essential air service pro- sor of the bill. Senator SNOWE has been for that purpose. The bill we are intro- gram and help ensure affordable, reli- a long-time champion of commercial ducing today permanently repeals the able, and safe air service remains avail- air service in rural areas, and I appre- mandatory cost-sharing requirements able in rural America. Congress is al- ciate her continued leadership on this that the conferees reinserted into the ready on record opposing mandatory important legislation. Senators FAA reauthorization bill after both the cost sharing. I hope all Senators will SHUMER, LEAHY, CLINTON, BEN NELSON, House and Senate had voted not to in- once again join us in opposing this at- LINCOLN, HAGEL, JEFFORDS, DOMENICI, clude them. I hope both houses of Con- tack on rural America. and HARKIN, are also cosponsors of the gress will again do the right thing by I ask unanimous consent that the bill. passing our bill. text of the bill be printed in the Congress established the Essential All across America, small commu- RECORD. Air Service Program in 1978 to ensure nities face ever-increasing hurdles to There being no objection, the bill was that communities that had commercial promoting their economic growth and ordered to be printed in the RECORD, as air service before airline deregulation development. Today, many rural areas follows: could continue to receive scheduled lack access to interstate or even four- S. 1998 service. Without EAS, many rural com- lane highways, railroads or broadband Be it enacted by the Senate and House of Rep- munities would have no commercial air telecommunications. Business develop- resentatives of the United States of America in service at all. ment in rural areas frequently hinges Congress assembled, Our bill is very simple. It preserves on the availability of scheduled air SECTION 1. SHORT TITLE. Congress’s intent in the Essential Air service. For small communities, com- This Act may be cited as the ‘‘Essential Service program by repealing a provi- mercial air service provides a critical Air Service Preservation Act of 2003’’. SEC. 2. REPEAL OF EAS LOCAL PARTICIPATION sion in the FAA reauthorization bill link to the national and international PROGRAM. that would for the first time require transportation system. (a) IN GENERAL.—Subchapter II of chapter communities to pay for their commer- The Essential Air Service Program 417 of title 49, United States Code, is amend- cial air service. currently ensures commercial air served by striking section 41747, and such title Congress has already barred the De- ice to over 100 communities in 34 shall be applied as if such section 41747 had partment of Transportation from im- states. EAS supports an additional 33 not been enacted. plementing any cost sharing require- communities in Alaska. Because of in- (b) CONFORMING AMENDMENT.—The analysis for subchapter II of chapter 417 of title 49, ments on Essential Air Service com- creasing costs and the current finan- United States Code, is amended by striking munities for one year. This bill would cial turndown in the aviation industry, the item relating to section 41747. now make the ban permanent. I believe particularly among commuter airlines, that implementing any mandatory cost about 28 additional communities have By Mr. DASCHLE (for himself, sharing is the first step in the total been forced into the EAS program Ms. STABENOW, Mr. GRAHAM of elimination of scheduled air service for since the terrorist attacks in 2001. Florida, Mr. KENNEDY, Mr. many rural communities. In my State of New Mexico, five cit- PRYOR, Mr. DORGAN, Mrs. It is indeed a sad commentary on this ies currently rely on EAS for their BOXER, Mr. LAUTENBERG, Mr. Congress that my colleagues and I have commercial air service. The commu- BINGAMAN, Ms. MIKULSKI, Mr. to introduce this bill at all. Time and nities are Clovis, Hobbs, Carlsbad, JOHNSON, Mr. SCHUMER, Mr. again Congress has gone on record op- Alamogordo and my hometown of Sil- KOHL, Ms. CANTWELL, and Mr. posing mandatory cost sharing for EAS ver City. In each case commercial serv- ROCKEFELLER):

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16138 CONGRESSIONAL RECORD — SENATE December 9, 2003 S. 1999. A bill to amend part D of and Quality Improvement Act of 2003. I ing pilots to routinely land planes title XVIII of the Social Security Act, intend to continue working with my without any information from the con- as added by the Medicare Prescription colleagues on improving these ideas trol tower. The best of them can do it— Drug, Improvement, and Modernization and proposing additional concepts. But they could land a plane with one arm Act of 2003, to provide for negotiation with this bill today, I seek to put for- around their backs missing key infor- of fair prices for medicare prescription ward a package of ideas, provoke con- mation and confirmations, but why drugs; to the Committee on Finance. versation, and present this as a first force them to do it? Why deny them Mr. DASCHLE. Mr. President, yester- step in making quality a focus of my critical information when it could be day, the President signed the Medicare health care efforts next year. My goal easily available? There is no plausible Prescription Drug, Improvement, and with these efforts is to both improve reason for denying needed information, Modernization Act of 2003. But the quality and outcomes, and reduce costs especially when life and death are at name of that Act is completely mis- by encouraging care that is more effec- stake. leading. In fact, the Act fundamentally tive. That’s unfortunately exactly what damages the successful and popular There is no reason why we cannot our health care system says to doctors, Medicare program—a long-term Repub- achieve this. We have the most ad- nurses, and hospitals. Physicians for lican goal. And this Act does more to vanced medical system in human his- example spend four years in medical ensure that drug prices remain high tory—the finest medical institutions, school, and then several years more in than it does to assist beneficiaries in the newest treatments, the best their residency training, cramming paying for their drugs. trained health care professionals. But medical information into their heads. Why? Because drug companies want in spite of the best intentions of clini- Then we expect them to look at a pa- it that way. Republicans with financial cians and patients, our health care sys- tient taking four different drugs, with ties to the industry are protecting drug tem is plagued with underuse, overuse, a heart condition, and immediately re- company interests over the interests of and misuse. currently, only about 50 member any drug-drug interactions seniors and people with disabilities. percent of care that is known to be ef- that could occur. We ask them to do it America’s seniors pay the highest fective is provided, and the care given without looking up any reference ma- drug prices in the world, even though is supported by solid scientific evi- terials. We ask them to do it in the few American taxpayers subsidize the re- dence, and the pace of dissemination of minutes that they have with each pa- new evidence is painfully slow. It may search that produces many of those tient given the ever-shorter visits, and take up to 17 years for treatments drugs. The Medicare bill signed by the ever-increasing patient and paperwork found to be effective to become com- President squanders our chances of load. Moreover, in their free time, they remedying that inequity. Not only does mon practice. Much of the overuse or misuse of are expected to keep up with all the the bill effectively prohibit the re- health services stems from the frag- new journal articles and learn about importation of more affordable drugs mentation of our system. In a recent every new drug. from other countries, it actually pro- Yet hand-held computers can now study in Santa Barbara, CA, 20 percent allow the doctor to pull up up-to-date hibits Medicare from using its tremen- of lab tests and x-rays were conducted information immediately, right at the dous bargaining power to ensure that solely because previous results were beneficiaries pay lower prices and that unavailable. One in seven hospitaliza- bedside, if he or she has any question. our scant resources are most effec- tions occurs because information is un- And NIH spends billions of dollars in tively used. available, and a shocking percentage of research to generate that information. Today, Senate Democrats are siding the time, physicians do not find pa- Shouldn’t that investment reap results with the seniors. We are introducing tient information that had previously for the patient as quickly as possible? legislation that would repeal the provi- been recorded in a paper-based medical This bill seeks to provide the direction sion barring Medicare from negotiating record. that would support such technology for lower prices. The Medicare Pre- Despite all of our Nation’s medical and make it widely available to physi- scription Drug Price Reduction Act advances, health quality is becoming cians. would give Medicare the authority to even more endangered in some re- Right now, doctors, nurses, and hos- negotiate with drug companies to ob- spects. Nursing care which is often pitals are holding the health care sys- tain the lowest possible prices for sen- shown to be a decisive factor for hos- tem up, preventing utter collapse by iors and people with disabilities. House pital patient outcomes, its in grave sheer, heroic, force of will. Instead of Democrats introduced a companion bill shortage, and a majority of U.S. physi- the clinicians supporting the system, yesterday. Together, we will fight for cians surveyed by the Commonwealth we should build a system that supports the goal of giving Medicare bene- Fund perceive their ability to provide clinicians instead. ficiaries the drug benefit and lower quality care as having worsened over The premise of this legislation is prices they deserve. the last 5 years. that information, in the hands of the Additionally, even as the quality of right people at the right time, drives By Mrs. CLINTON: health care we purchase lags, our quality and value. We need to empower S. 2003. A bill to amend the Public spending on inadequate and wasteful patients and health care providers to Health Service Act to promote higher care is spiraling out of control. Pre- make the right choices. And to do that, quality health care and better health miums increased 13 percent last year, health care decisionsmakers—pro- by strengthening health information, and health care costs are increasing at viders, payers, and patients—need to information infrastructure, and the use nearly 10 times the rate of inflation. To have access to the right information, of health information by providers and make matters worse, the public health where and when it is needed, securely patients; to the Committee on Finance. system is straining to meet the chal- and privately. Mrs. CLINTON. Mr. President, today, lenges of bioterrorism or emerging in- This legislation seeks to: 1. Generate I am introducing a bill that seeks to fections, the number of uninsured information about health quality begin a dialogue on one of the most im- Americans is rising, clinicians are through increased research, increased portant yet neglected aspects of our leaving practice, and the older adult public reporting along key quality health care system—health care qual- population is set to double by 2040. measures, and standardization of those ity. this is an enormous issue that af- The reason is not because doctors measures to assure comparability and fects every single one of us who has aren’t trying hard enough, or hospitals usability of reported information; 2. ever needed medical care, and it affects are at fault. That we’re able to get Ensure that payers, providers and pa- all taxpayers because quality care has good health care at all is testament to tients get information in a usable form such potential to avoid waste and save the genius and heroism of doctors and so they can make effective decisions; millions of dollars in health care costs. nurses who deliver care, despite all the and 3. Reduce barriers to the develop- I have raised many of these ideas as obstacles, despite every effort of the ment of an IT infrastructure that is so amendments in other contexts, such as system to hinder them. critical to achieving those first 2 goals. the Medicare debate on S. 1, and the But what our medical system re- Eighty percent of the care delivered debate over S. 720, the Patient Safety quires of providers is a little like ask- today is not backed by sound clinical

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16139 research. That is why we need to do people with congestive heart failure, Inter- Two decades ago, Medicare led a revolution more research, and see if the care we mountain saves another 300 lives annually in health care. By setting fixed payments for provide today has sound justification and prevents almost 600 additional hospital various kinds of treatment—a coronary by- stays. pass surgery or curing a pneumonia or rein science. But even where we know But under Medicare, none of these good placing a hip—rather than simply reimburs- what to do, we don’t always do it be- deeds go unpunished. ing doctors and hospitals for whatever it cause the information is insufficiently Intermountain says its initiatives have cost to deliver the care, it encouraged short- disseminated and utilized. Studies have cost it millions of dollars in lost hospital ad- er hospital stays and less-expensive treat- shown some procedures being per- missions and lower Medicare reimbursements. formed even when they have not met ments. In the mid-90’s, for example, it made But today, many health care executives an average profit of 9 percent treating pneu- accepted criteria for appropriateness: say, Medicare’s payment system hinders at- monia patients; now, delivering better care, tempts to improve care. Dr. James, the In one study, of all the non-emergent, it loses an average of several hundred dollars Intermountain executive, said that he wres- noncancerous hysterectomies per- on each case. tled with the situation every day. formed, only 30 percent had been prop- ‘‘The health care system is perverse,’’ said By making sure its doctors prescribe the erly worked up and met the full med- a frustrated Dr. Brent C. James, who leads most effective antibiotic for pneumonia pa- ical criteria for necessity. In another Intermountain’s efforts to improve quality. tients, for example, and thereby avoiding study, about one-fourth of coronary ‘‘The payments are perverse. It pays us to complications, Intermountain forgoes rough- harm patients, and it punishes us when we angiographies and upper gastro- ly $1 million a year in Medicare payments, don’t.’’ he estimated. When a pneumonia patient de- intestinal endoscopies did not meet Intermountain’s doctors and executives are teriorates so badly that the patient needs a standards of medical appropriateness. in a swelling vanguard of critics who say ventilator, Intermountain collects about On the flip side, in situations where that Medicare’s payment system is fun- $19,000, compared with $5,000 for a typical the benefits of an intervention are damentally flawed. pneumonia case. And while it makes money clear, many patients do not receive the Medicare, the nation’s largest purchaser of treating the sicker patient, Dr. James said, health care, pays hospitals and doctors a indicated care: Very few hospitalized it loses money caring for the healthier one. fixed sum to treat a specific diagnosis or per- Nor is Intermountain rewarded for sparing patients at-risk for pneumococcal form a given procedure, regardless of the someone a stay in the hospital—and for spar- pneumonia who had not been pre- quality of care they provide. Those who work ing Medicare the bill. Shirley Monson, 74, of viously vaccinated end up being vac- to improve care are not paid extra, and poor Ephraim, Utah, said that she expected to be cinated during their hospital stay. care is frequently rewarded, because it cre- hospitalized when she developed pneumonia Routine peak flow measurements are ates the need for more procedures and serv- last year. Instead, Sanpete Valley Hospital, conducted in only 28 percent of pedi- ices. part of Intermountain, sent Mrs. Monson The Medicare legislation that President home with antibiotics, and she recovered atric patients with asthma. And only Bush is expected to sign on Monday calls for one-half of diabetics receive an annual over the next two weeks. Such visits produce studies and a few pilot programs on quality just token payments for hospitals. eye exam. improvement, but experts say that it does In addition to losing revenue each time it We know what good health care little to reverse financial disincentives to avoids an unnecessary hospital stay, Inter- means in these areas, but we don’t improving care. mountain is penalized for treating only the practice it, in part because that infor- ‘‘Right now, Medicare’s payment system is sickest patients, Dr. James said. Medicare’s mation may not be readily available, at best neutral and, in some cases, negative, payments for pneumonia are based on a in terms of quality—we think that is an un- rough estimate of the cost of an average case and regardless, there is no incentive for tenable situation,’’ said Glenn M. Hackbarth, quality. We are suggesting—track the and assume a hospital will see a range of pa- the chairman of the Medicare Payment Advi- tients, some less sick—and therefore less ex- outcomes, share that information with sory Commission, an independent panel of pensive to treat—than others. But because patients, providers, and insurers, and economists, health care executives and doc- Intermountain now admits only the sickest ultimately, pay for performance. tors that advises Congress on such issues as patients, its reimbursements fall short of its This bill will help us become better access to care, quality and what to pay costs, Dr. James said, resulting in an aver- purchasers of care, and help us take health care providers. age loss this year of a few hundred dollars a In a letter published in the current edition case. the first steps toward aligning the in- of Health Affairs, a scholarly journal, more centives so that higher quality is re- Similarly, averting hospital stays for con- than a dozen health care experts, including gestive heart patients by prescribing the warded. I ask unanimous consent that several former top Medicare officials, urged right medicines costs Intermountain nearly the attached article from last week’s the program to take the lead in overhauling $4 million a year in potential revenues, ac- New York Times be printed in the payment systems so that they reward good cording to Dr. James. And every adverse RECORD showing how our current reim- care. drug reaction Intermountain avoids deprives ‘‘Despite a few initial successes, the inertia it of the revenue from treating the case. bursement system is gravely mis- of the health system could easily overwhelm aligned. Under the current system, ‘‘We are really rewarded for episodic care nascent efforts to raise average performance and maximizing the care delivered in each higher quality can be penalized, while levels out of mediocrity,’’ they wrote. ‘‘Deci- episode,’’ said Dr. Charles W. Sorenson Jr., worse care can ironically be more prof- sive change will occur only when Medicare, Intermountain’s chief operating officer. itable. with the full support of the administration Like the visit majority of the nation’s hos- Today, by introducing these ideas for and Congress, creates financial incentives pitals, Intermountain is a nonprofit organi- the purpose of seeking feedback from that promote pursuit of improved quality.’’ zation, and executives here say financial Medicare’s top official is quick to agree penalties do not damp their desire to provide my colleagues and experts in the field, that the payment system needs to be fixed. I am taking the first step toward im- the highest quality care, which they see as ‘‘It’s one of the fundamental problems Medi- their central mission. But Intermountain, proving our health care system for ev- care faces,’’ said Thomas A. Scully, who as which operates health plans and outpatient eryone and saving money. I invite in- the administrator of the Centers for Medi- clinics in addition to its hospitals, says it terested colleagues to join me in part- care and Medicaid Services has encouraged beds to keep hospital beds filled and make nership on this important venture and better care by such steps as publicizing data money where it can to subsidize unprofitable look forward to taking strong, positive about the quality of nursing home and home- services and pay for charity care. action next year to improve health health care and by experimenting with pro- Outside of Medicare, Intermountain often grams to reward hospitals for their efforts. benefits from its quality initiatives, execu- quality for all Americans. But the steps taken so far have been small, tives said, because it gets to pocket much of There being no objection, the article and many experts say that rather than pay- the savings they produce. For example, was ordered to be printed in the ing for more studies, Congress should start Intermountain has generated about $2 mil- RECORD, as follows: making significant changes to the way doc- lion annually in savings by reducing the [From the New York Times, Dec. 5, 2003] tors and hospitals are paid. number of deliveries that women choose to ‘‘They’re splashing at the shallow end of induce before 39 weeks of pregnancy—and HOSPITALS SAY THEY’RE PENALIZED BY the pool,’’ said Dr. Arnold Milstein, a con- thereby reducing the risk of complications MEDICARE FOR IMPROVING CARE sultant for Mercer Human Resource Con- to the mother or baby. According to Dr. (By Reed Abelson) sulting and the medical director for the Pa- James, almost all that money has been spent SALT LAKE CITY.—By better educating doc- cific Business Group on Health, an associa- on other kinds of care. tors about the most effective pneumonia tion of large California employers. He would Hospital executives elsewhere say that treatments, Intermountain Health Care, a like to see as much as 20 percent of what they, too, have come up against the cold re- network of 21 hospitals in Utah and Idaho, Medicare pays doctors and hospitals linked ality of the Medicare payment system. Part- say it saves at least 70 lives a year. By giving to the quality of the care they provide and ners HealthCare, the Boston system that in- the right drugs at discharge time to more their efficiency in delivering treatment. cludes Massachusetts General and Brigham

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16140 CONGRESSIONAL RECORD — SENATE December 9, 2003 and Women’s Hospitals, has taken steps to to the Committee on Environment and anglers and the fishing and tackle manufac- reduce the number of unnecessary diagnostic Public Works: turing industries agreed to a self-imposed 10 tests it conducts at outpatient radiology percent excise tax on sport fishing equip- S. RES. 279 centers, though executives know that smart- ment (including fishing rods, reels, lines, and er care will cut into their revenues. Whereas there are more than 38,000,000 hooks, artificial lures, baits and flies, and ‘‘That’s where you’re smack up against the sportsmen in the United States; other fishing supplies and accessories), the perverseness of the system,’’ said Dr. James Whereas these sportsmen, who come from proceeds of which are used for the purposes J. Mongan, chief executive of Partners. all walks of life, engage in a sport they love, of constructing fish hatcheries, building boat Medicare’s payment policies have stymied while helping to stimulate the economy, es- access facilities, promoting fishing, and edu- efforts in the private sector to improve care, pecially in small, rural communities, and cating children about aquatic resources and as well. contributing to conservation efforts; fishing; and For example, the Leapfrog Group, a na- Whereas sportsmen demonstrate values of Whereas the Dingell-Johnson Sport Fish tional organization of large employers con- conservation, appreciation of the outdoors, Restoration Act was amended in 1984 to ex- cerned about health issues, has tried to en- and love of the natural beauty of the United tend the excise tax to previously untaxed courage more hospitals to employ States; items of sport fishing equipment and to dedi- intensivists—specialists who oversee the Whereas sporting activities have both cate a portion of the existing Federal tax on physical and mental health benefits that care provided in intensive-care units. motorboat fuels to those purposes, so that Though studies show that such doctors sig- allow Americans to escape from the fast pace now approximately 1⁄3 of the funds expended of their lives and to spend time with their nificantly improve care, Medicare does not by State fish and wildlife agencies for main- families and friends; pay for them, and employers and insurers are tenance and development of sports fisheries Whereas sportsmen pass down their love of having difficulty persuading some hospitals are collected through the use of the excise the outdoors from generation to generation; to take on the added expense. tax: Now, therefore, be it ‘‘It’s going to be very hard to compete with Whereas many sportsmen consider hunt- Resolved, That the Senate— the incentives and disincentives in Medi- ing, trapping, and fishing of tremendous im- (1) recognizes the importance and contribu- care,’’ said Suzanne Delbanco, the group’s portance to the American way of life; tions of sportsmen to American society; Whereas sportsmen have a passion for executive director. (2) supports the traditions and values of Others argue that hospitals and doctors learning about nature and have tremendous sportsmen; should not be paid extra for doing what they respect for the game pursued, other sports- (3) supports the many conservation pro- should be doing in the first place. men, the non-hunting populace, and the nat- grams implemented by sportsmen; Helen Darling, the executive director of ural resources upon which they depend; (4) recognizes the many economic benefits the National Business Group on Health, a na- Whereas the total economic contribution associated with outdoor sporting activities; tional employer group, said Medicare instead of sportsmen amounts to $70,000,000,000 annu- and should take a firmer stance in demanding ally, with a ripple effect amounting to (5) recognizes the importance of encour- quality. The program had a significant ef- $179,000,000,000; aging the recruitment of, and teaching the fect, she noted, when it said that only hos- Whereas sportsmen contribute $1,700,000,000 traditions of hunting, trapping, and fishing pitals meeting a minimum set of standards every year for conservation programs, and to, future sportsmen. could be reimbursed by Medicare for heart these funds constitute a significant portion transplants. of on-the-ground wildlife conservation fund- f ‘‘The payment system drove quality,’’ Ms. ing; SENATE RESOLUTION 280—CON- Darling said. Whereas anglers support 1,000,000 jobs and GRATULATING THE SAN JOSE Medicare itself is taking some other ten- small businesses in communities in every tative steps, including an experiment that part of the United States, and they purchase EARTHQUAKES FOR WINNING pays certain hospitals an extra 2 percent for $3,200,000,000 in basic fishing equipment THE 2003 MAJOR LEAGUE SOCCER delivering the highest-quality care, as meas- every year; CUP ured, for example, by administering anti- Whereas tens of millions of Americans Mrs. BOXER (for herself and Mrs. biotics to pneumonia patients quickly and hunt and are a substantial economic force, giving heart attack patients aspirin. But FEINSTEIN) submitted the following res- spending $21,000,000,000 every year; olution; which was considered and some hospital industry executives question Whereas a sportsman President, Theodore whether that is enough money to offset the Roosevelt, established America’s first Na- agreed to: costs of improving care. tional Wildlife Refuge 100 years ago, and S. RES. 280 ‘‘It can only be a motivator if you really with the committed support of sportsmen Whereas on November 23, 2003, the San have an incentive,’’ said Carmela Coyle, an over the last century, the National Wildlife Jose Earthquakes defeated the Chicago Fire executive with the American Hospital Asso- Refuge System includes more than 540 ref- to win the 2003 Major League Soccer Cup; ciation, who noted that hospitals on average uges spanning 95,000,000 acres throughout all Whereas the San Jose Earthquakes are paid only 98 cents for each dollar of 50 States; achieved a 14–7–9 regular season record to Medicare services they provide. Whereas the funds raised from sportsmen finish first in the Major League Soccer West- Mr. Scully, the Medicare administrator, through purchases of Federal migratory bird ern Conference; defends the experiment, saying that the hunting and conservation stamps under the Whereas the San Jose Earthquakes fin- agency’s goal is to determine if it is using Act of March 16, 1934 (commonly known as ished an extraordinary season by overcoming the right measures to reward quality. ‘‘If the Duck Stamp Act) (16 U.S.C. 718a et seq.), injuries, adversity, and multiple-goal defi- this works, we’ll do a bigger demonstration,’’ are used to purchase and restore vital wet- cits to reach the Major League Soccer Cup he said. lands in the refuge system; championship match; But many policy analysts and employer Whereas the sale of those stamps has Whereas in the championship match, the groups want Medicare to do more. ‘‘Today, raised more than $500,000,000 which has been San Jose Earthquakes and the Chicago Fire Medicare needs to step out front,’’ said Peter used to acquire approximately 5,000,000 acres scored 6 goals combined, breaking the Major V. Lee, chief executive of the Pacific Busi- of refuge lands; League Soccer Cup championship match ness Group on Health, who argues that how Whereas in 1937, Congress passed the Pitt- scoring record; hospitals and doctors are paid is a critical man-Robertson Wildlife Restoration Act (16 Whereas head coach Frank Yallop led the component of motivating them to improve U.S.C. 669 et seq.), under which sportsmen San Jose Earthquakes to victory; care. ‘‘There needs to be money at play.’’ and the firearms and ammunition industries Whereas the San Jose Earthquakes is a f agreed to a self-imposed 10 percent excise tax team of world-class players, including Jeff SUBMITTED RESOLUTIONS on ammunition and firearms, the proceeds of Agoos, Arturo Alvarez, Brian Ching, Jon which are distributed to the States for wild- Conway, Ramiro Corrales, Troy Dayak, life restoration; Dwayne De Rosario, Landon Donovan, Todd SENATE RESOLUTION 279—RECOG- Whereas the Pittman-Robertson Wildlife Dunivant, Ronnie Ekelund, Rodrigo Faria, NIZING THE IMPORTANCE AND Restoration Act has created a source of per- Manny Lagos, Roger Levesque, Brain manent funding for State wildlife agencies Mullan, Richard Mulrooney, Pat Onstad, CONTRIBUTIONS OF SPORTSMEN that has been used to rebuild and expand the Eddie Robinson, Chris Roner, Ian Russell, TO AMERICAN SOCIETY, SUP- ranges of numerous species, including wild Josh Saunders, Craig Waibel, and Jamil PORTING THE TRADITIONS AND turkey, white-tailed deer, pronghorn ante- Walker, all of whom contributed extraor- VALUES OF SPORTSMEN, AND lope, wood duck, beaver, black bear, Amer- dinary performances throughout the regular RECOGNIZING THE MANY ECO- ican elk, bison, desert bighorn sheep, bobcat, season, playoffs and Major League Soccer NOMIC BENEFITS ASSOCIATED and mountain lion, and several non-game Cup; WITH OUTDOOR SPORTING AC- species, including bald eagles, sea otters, and Whereas San Jose Earthquakes midfielder TIVITIES numerous song birds; Ronnie Ekelund scored in the fifth minute of Whereas in 1950, Congress passed the Din- play, tying Eduardo Hurtado for the fastest Mr. COLEMAN submitted the fol- gell-Johnson Sport Fish Restoration Act (16 goal scored in a Major League Soccer Cup lowing resolution; which was referred U.S.C. 777 et seq.), under which recreational championship match;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16141 Whereas with the victory, San Jose Earth- Whereas the Honorable Paul Simon was patently offensive television and radio pro- quakes captain Jeff Agoos won his second the founder and director of the Public Policy gramming being sent into their homes; Major League Soccer Cup for the San Jose Institute at Southern Illinois University in Whereas millions of families in the United Earthquakes and his fifth Major League Soc- Carbondale, Illinois, and taught there for States are particularly concerned with the cer Cup overall; more than six years in the service of the adverse impact of this programming on chil- Whereas San Jose Earthquakes forward youth of our Nation; dren; Landon Donovan, who has been named Whereas the Honorable Paul Simon wrote Whereas indecent and offensive program- United States National Team Player of the over 20 books and held over 50 honorary de- ming is contributing to a dramatic coars- Year twice, scored 2 goals on 2 shots in the grees; ening of civil society of the United States; championship match, earning the Honda Whereas the Honorable Paul Simon was an Whereas the Federal Communications Major League Soccer Cup Most Valuable unapologetic champion of the less fortunate Commission is charged with enforcing stand- Player Award; and a constant example of caring and hon- ards of decency in broadcast media; Whereas by winning the 2003 Major League esty in public service; Whereas the Federal Communications Soccer Cup, the San Jose Earthquakes join Whereas his efforts on behalf of Illinoisans Commission established a standard defining DC United to become the second team in and all Americans earned him the esteem what constitutes indecency in the declara- Major League Soccer history to win the and high regard of his colleagues; and tory order In the Matter of a Citizen’s Com- Major League Soccer Cup more than once; Whereas his tragic death has deprived his plaint Against Pacifica Foundation Station Whereas the San Jose Earthquakes have State and Nation of an outstanding law- WBAI(FM), 56 F.C.C.2d 94 (1975) (referred to brought great pride to the City of San Jose maker and public servant: Now, therefore, be in this Resolution as the ‘‘Pacifica order’’); and to the State of California; it Whereas the Federal Communications Whereas Major League Soccer has become Resolved, That the Senate has heard with Commission has not used all of its available extremely popular in only 8 seasons; and profound sorrow and deep regret the an- authority to impose penalties on broad- Whereas the success of Major League Soc- nouncement of the death of the Honorable casters that air indecent material even when cer has contributed to the growing popu- Paul Simon, a former Senator from the egregious and repeated violations have been larity of soccer in the United States in re- State of Illinois. found in the cases of WKRK–FM, Detroit, MI, cent years: Now, therefore, be it Resolved, That the Secretary of the Senate File No. EB–02–IH–0109 (Apr. 3, 2003) and Resolved, That the Senate— communicate these resolutions to the House WNEW–FM, New York, New York, EB–02–IH– (1) congratulates the San Jose Earth- of Representatives and transmit an enrolled 0685 (Sept. 30, 2003); quakes for winning the 2003 Major League copy thereof to the family of the deceased. Whereas the standard established in the Soccer Cup; Resolved, That when the Senate adjourns Pacifica order focuses on protecting children (2) recognizes the achievement of the play- today, it stand adjourned as a further mark from exposure to indecent language; ers, coaches, staff, and supporters of the San of respect to the memory of the deceased Whereas the standard established in the Jose Earthquakes in bringing the 2003 Major former Senator. Pacifica order was upheld as constitutional League Soccer Cup to San Jose; by the United States Supreme Court in Fed- (3) commends the San Jose community for f eral Communications Commission v. its enthusiastic support of the San Jose SENATE RESOLUTION 282—PRO- Pacifica Foundation, 438 U.S. 726 (1978); Earthquakes; and Whereas the Enforcement Bureau of the (4) expresses the hope that Major League VIDING THE FUNDING TO ASSIST Federal Communications Commission has re- Soccer will continue to inspire fans and IN MEETING THE OFFICIAL EX- fused to sanction the airing of indecent lan- young players in the United States and PENSES OF A PRELIMINARY guage during the broadcast of the Golden around the world by producing teams of the MEETING RELATIVE TO THE Globe Awards, at a time when millions of high caliber of the San Jose Earthquakes. FORMATION OF A UNITED children were in the potential audience; and Whereas as of December 2003, an applica- f STATES SENATE–CHINA INTER- PARLIAMENTARY GROUP tion for review is pending before the Federal SENATE RESOLUTION 281—REL- Communications Commission, requesting Mr. STEVENS submitted the fol- ATIVE TO THE DEATH OF THE that the full Commission review that deci- lowing resolution; which was consid- sion of the Enforcement Bureau: Now, there- HONORABLE PAUL SIMON, A ered and agreed to: fore, be it FORMER SENATOR FROM THE STATE OF ILLINOIS S. RES. 282 Resolved, That it is the sense of the Sen- Resolved, That— ate that— Mr. FITZGERALD (for himself, Mr. (1) there is authorized within the contin- (1) the Federal Communications Commis- DURBIN, MR. FRIST, Mr. DASCHLE, and gent fund of the Senate under the appropria- sion should re-consider the Enforcement Bu- Mr. DEWINE) submitted the following tion account ‘‘MISCELLANEOUS ITEMS’’ $75,000 reau’s decision in the Matter of Complaints for fiscal year 2004 to assist in meeting the resolution; which was considered and Against Various Broadcast Licensees Re- official expenses of a preliminary meeting agreed to: garding Their Airing of the ‘‘Golden Globe relative to the formation of a United States S. RES. 281 Senate-China interparliamentary group in- Awards’’ Program, File No. EB–03–IH–0110, Whereas the Honorable Paul Simon at the cluding travel, per diem, conference room ex- 2003 FCC LEXIS 5382, (Oct. 3, 2003), in light of age of 19 became the Nation’s youngest edi- penses, hospitality expenses, and food and the public policy considerations in pro- tor-publisher when he accepted a Lion’s Club food-related expenses; tecting children from indecent material; challenge to save the Troy Tribute in Troy, (2) such expenses shall be paid on vouchers (2) the Federal Communications Commis- Illinois, and built a chain of 13 newspapers in to be approved by the President pro tempore sion should return to vigorously and expedi- southern and central Illinois; of the Senate; and tiously enforcing its own United States Su- Whereas the Honorable Paul Simon used (3) the Secretary of the Senate is author- preme Court-approved standard for inde- his newspaper to expose criminal activities, ized to advance such sums as necessary to cency in broadcast media, as established in and in 1951, at age 22, was called as a key carry out this resolution. the declaratory order In the Matter of a Citi- witness to testify before the U.S. Senate’s zen’s Complaint Against Pacifica Founda- f Crime Investigating Committee; tion Station WBAI(FM), 56 F.C.C.2d 94 (1975); Whereas the Honorable Paul Simon served SENATE RESOLUTION 283—AFFIRM- (3) the Federal Communications Commis- in the Illinois legislature for 14 years, win- sion should reassert its responsibility as de- ING THE NEED TO PROTECT fender of the public interest by undertaking ning the Independent Voters of Illinois’ CHILDREN IN THE UNITED ‘‘Best Legislator Award’’ every session; new and serious efforts to sanction broadcast STATES FROM INDECENT PRO- licensees that refuse to adhere to the stand- Whereas the Honorable Paul Simon was GRAMMING ard established in that order; elected lieutenant governor in 1968 and was (4) the Federal Communications Commis- the first in Illinois’ history to be elected to Mr. SESSIONS (for himself, Mr. sion should make every reasonable and law- that post with a governor of another party; SHELBY, Mr. INHOFE, Mr. BROWNBACK, ful effort to protect children from the de- Whereas the Honorable Paul Simon served Mr. NICKLES, Mr. BUNNING, Mr. TALENT, grading influences of indecent programming; Illinois in the United States House of Rep- Mr. CHAMBLISS, Mr. CRAIG, Mr. DOMEN- (5) the Federal Communications Commis- resentatives and the United States Senate ICI, Mr. KYL, and Mr. HOLLINGS) sub- sion should use all of its available authority with devotion and distinction; mitted the following resolution; which Whereas the Honorable Paul Simon is the to protect the public from indecent broad- was considered and agreed to: only individual to have served in both the Il- casts including: (1) the discretion to impose linois House of Representatives and the Illi- S. RES. 283 fines up to a statutory maximum for each nois Senate, and the U.S. House of Rep- Whereas millions of people in the United separate ‘‘utterance’’ or ‘‘material’’ found to resentatives and the U.S. Senate. States are increasingly concerned with the be indecent; and (2) the initiation of license

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16142 CONGRESSIONAL RECORD — SENATE December 9, 2003 revocation proceedings for repeated viola- SEC. 203. DENIAL OF TITLE II BENEFITS TO PER- ‘‘(i) the beneficiary is described in clause tions of its indecency rules; SONS FLEEING PROSECUTION, CUS- (iv) or (v) of paragraph (1)(A); and (6) the Federal Communications Commis- TODY, OR CONFINEMENT, AND TO ‘‘(ii) the location or apprehension of the sion should resolve all indecency complaints PERSONS VIOLATING PROBATION beneficiary is within the officer’s official du- OR PAROLE. expeditiously, and should consider reviewing ties.’’. (a) IN GENERAL.—Section 202(x) of the So- such complaints at the full Commission (b) CONFORMING AMENDMENTS TO TITLE cial Security Act (42 U.S.C. 402(x)) is amend- level; and XVI.—Section 1611(e) of the Social Security ed— (7) the Federal Communications Commis- Act (42 U.S.C. 1382(e)) is amended— (1) in the heading, by striking ‘‘Prisoners’’ sion should aggressively investigate and en- (1) in paragraph (4)— and all that follows and inserting the fol- force all indecency allegations. (A) by redesignating subparagraphs (A) and lowing: ‘‘Prisoners, Certain Other Inmates of (B) as clauses (i) and (ii), respectively; f Publicly Funded Institutions, Fugitives, (B) by inserting ‘‘(A)’’ after ‘‘(4)’’; Probationers, and Parolees’’; AMENDMENTS SUBMITTED AND (C) in clause (i) of subparagraph (A) (as re- (2) in paragraph (1)(A)(ii)(IV), by striking PROPOSED designated by subparagraph (A)), by striking ‘‘or’’ at the end; ‘‘or which, in the case of the State of SA 2227. Mr. FRIST (for Mr. GRASSLEY) (3) in paragraph (1)(A)(iii), by striking the New Jersey, is a high misdemeanor under the proposed an amendment to the bill H.R. 743, period at the end and inserting a comma; laws of such State’’ and inserting ‘‘or, in ju- to amend the Social Security Act and the In- (4) by inserting after paragraph (1)(A)(iii) risdictions that do not define crimes as felo- ternal Revenue Code of 1986 to provide addi- the following: nies, is punishable by death or imprisonment tional safeguards for Social Security and ‘‘(iv) is fleeing to avoid prosecution, or cus- for a term exceeding 1 year regardless of the Supplemental Security Income beneficiaries tody or confinement after conviction, under actual sentence imposed’’; and with representative payees, to enhance pro- the laws of the place from which the person gram protections, and for other purposes. (D) by adding at the end the following: flees, for a crime, or an attempt to commit SA 2228. Mr. FRIST (for Mr. ALEXANDER) ‘‘(B) Notwithstanding subparagraph (A), a crime, which is a felony under the laws of proposed an amendment to the bill H.R. 2264, the Commissioner shall, for good cause An act to authorize appropriations for fiscal the place from which the person flees, or, in shown, treat the person referred to in sub- year 2004 to carry out the Congo Basin For- jurisdictions that do not define crimes as paragraph (A) as an eligible individual or eli- est Partnership program, and for other pur- felonies, is punishable by death or imprison- gible spouse if the Commissioner determines poses. ment for a term exceeding 1 year regardless that— SA 2229. Mr. FRIST (for Mr. ALEXANDER) of the actual sentence imposed, or ‘‘(i) a court of competent jurisdiction has proposed an amendment to the bill H.R. 2264, ‘‘(v) is violating a condition of probation or found the person not guilty of the criminal supra. parole imposed under Federal or State law.’’; offense, dismissed the charges relating to the SA 2230. Mr. FRIST (for Mr. LEVIN) pro- (5) by adding at the end of paragraph (1)(B) criminal offense, vacated the warrant for ar- posed an amendment to the bill S. 1267, to the following: rest of the person for the criminal offense, or amend the District of Columbia Home Rule ‘‘(iii) Notwithstanding subparagraph (A), issued any similar exonerating order (or Act to provide the District of Columbia with the Commissioner shall, for good cause taken similar exonerating action), or autonomy over its budgets, and for other shown, pay the individual benefits that have ‘‘(ii) the person was erroneously implicated purposes. been withheld or would otherwise be within connection with the criminal offense by SA 2231. Mr. FRIST (for Mr. HATCH) pro- held pursuant to clause (iv) or (v) of subpara- reason of identity fraud. posed an amendment to the bill S. 1177, to graph (A) if the Commissioner determines ‘‘(C) Notwithstanding subparagraph (A), prevent tobacco smuggling, to ensure the that— the Commissioner may, for good cause shown collection of all tobacco taxes, and for other ‘‘(I) a court of competent jurisdiction has based on mitigating circumstances, treat the purposes. found the individual not guilty of the crimi- person referred to in subparagraph (A) as an f nal offense, dismissed the charges relating to eligible individual or eligible spouse if the the criminal offense, vacated the warrant for Commissioner determines that— TEXT OF AMENDMENTS arrest of the individual for the criminal of- ‘‘(i) the offense described in subparagraph SA 2227. Mr. FRIST (for Mr. GRASS- fense, or issued any similar exonerating (A)(i) or underlying the imposition of the LEY) proposed an amendment to the order (or taken similar exonerating action), probation or parole described in subpara- bill H.R. 743, to amend the Social Secu- or graph (A)(ii) was nonviolent and not drug-re- ‘‘(II) the individual was erroneously impli- lated, and rity Act and the Internal Revenue Code cated in connection with the criminal of- of 1986 to provide additional safeguards ‘‘(ii) in the case of a person who is not con- fense by reason of identity fraud. sidered an eligible individual or eligible for Social Security and Supplemental ‘‘(iv) Notwithstanding subparagraph (A), spouse pursuant to subparagraph (A)(ii), the Security Income beneficiaries with rep- the Commissioner may, for good cause shown action that resulted in the violation of a resentative payees, to enhance pro- based on mitigating circumstances, pay the condition of probation or parole was non- gram protections, and for other pur- individual benefits that have been withheld violent and not drug-related.’’; and poses; as follows: or would otherwise be withheld pursuant to (2) in paragraph (5), by striking subpara- clause (iv) or (v) of subparagraph (A) if the On page 83, strike lines 14 through 16, and graphs (A) and (B) and inserting the fol- Commissioner determines that— insert ‘‘807(i) of the Social Security Act (42 lowing: ‘‘(I) the offense described in clause (iv) or U.S.C. 1007(i)) is amended further by insert- ‘‘(A) the recipient is described in clause (i) underlying the imposition of the probation ing after the’’. or (ii) of paragraph (4)(A); and Beginning on page 112, strike line 16 and or parole described in clause (v) was non- ‘‘(B) the location or apprehension of the re- all that follows through page 113, line 6, and violent and not drug-related, and cipient is within the officer’s official du- insert the following: ‘‘(II) in the case of an individual from ties.’’. ‘‘(c)(1) In addition to the amount otherwise whom benefits have been withheld or other- (c) CONFORMING AMENDMENT.—Section appropriated in any other law to carry out wise would be withheld pursuant to subpara- 804(a)(2) of the Social Security Act (42 U.S.C. subsection (a) for fiscal year 2004, up to graph (A)(v), the action that resulted in the 1004(a)(2)) is amended by striking ‘‘or which, $8,500,000 is authorized and appropriated and violation of a condition of probation or pain the case of the State of New Jersey, is a shall be used by the Commissioner of Social role was nonviolent and not drug-related.’’; high misdemeanor under the laws of such Security under this subsection for purposes and State’’ and inserting ‘‘or, in jurisdictions of conducting a statistically valid survey to (6) in paragraph (3), by adding at the end that do not define crimes as felonies, is pun- determine how payments made to individ- the following: ishable by death or imprisonment for a term uals, organizations, and State or local gov- ‘‘(C) Notwithstanding the provisions of sec- exceeding 1 year regardless of the actual sen- ernment agencies that are representative tion 552a of title 5, United States Code, or tence imposed’’. payees for benefits paid under title II or XVI any other provision of Federal or State law (d) EFFECTIVE DATE.—The amendments are being managed and used on behalf of the (other than section 6103 of the Internal Rev- made by this section shall take effect on the beneficiaries for whom such benefits are enue Code of 1986 and section 1106(c) of this first day of the first month that begins on or paid. Act), the Commissioner shall furnish any after the date that is 9 months after the date ‘‘(2) Not later than 18 months after the Federal, State, or local law enforcement offi- of enactment of this Act. date of enactment of this subsection, the cer, upon the written request of the officer, On page 126, beginning on line 22, strike Commissioner of Social Security shall sub- with the current address, Social Security ‘‘guilty of’’ and all that follows through mit a report on the survey conducted in ac- number, and photograph (if applicable) of ‘‘shall be’’ on line 26, and insert ‘‘fined not cordance with paragraph (1) to the Com- any beneficiary under this title, if the officer more than $5,000, imprisoned not more than mittee on Ways and Means of the House of furnishes the Commissioner with the name 3 years, or both, except that if the offense is Representatives and the Committee on Fi- of the beneficiary, and other identifying in- committed only by threats of force, the per- nance of the Senate.’’. formation as reasonably required by the son shall be’’. Beginning on page 118, strike line 19 and Commissioner to establish the unique iden- Beginning on page 129, strike line 16 and all that follows through page 123, line 12, and tity of the beneficiary, and notifies the Com- all that follows through page 132, line 11, and insert the following: missioner that— insert the following:

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16143 SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF shall apply with respect to the issuance and On page 133, line 19, strike ‘‘211’’ and insert RESTITUTION. enforcement of orders of restitution under ‘‘210’’. (a) AMENDMENTS TO TITLE II.—Section 208 this subsection. In so applying such sections, On page 138, line 17, strike ‘‘212’’ and insert of the Social Security Act (42 U.S.C. 408) is the Commissioner of Social Security shall be ‘‘211’’. amended— considered the victim. On page 139, strike lines 5 through 11, and (1) by redesignating subsections (b), (c), ‘‘(3) STATED REASONS FOR NOT ORDERING insert the following: and (d) as subsections (c), (d), and (e), respec- RESTITUTION.—If the court does not order res- ‘‘(c) For purposes of subsections (a) and (b), tively; titution, or orders only partial restitution, the criterion specified in this subsection is (2) by inserting after subsection (a) the fol- under this subsection, the court shall state that the individual, if not a United States lowing: on the record the reasons therefor. citizen or national— ‘‘(b)(1) Any Federal court, when sentencing ‘‘(4) RECEIPT OF RESTITUTION PAYMENTS.— ‘‘(1) has been assigned a social security ac- a defendant convicted of an offense under ‘‘(A) IN GENERAL.—Except as provided in count number that was, at the time of as- subsection (a), may order, in addition to or subparagraph (B), funds paid to the Commis- signment, or at any later time, consistent in lieu of any other penalty authorized by sioner of Social Security as restitution pur- with the requirements of subclause (I) or law, that the defendant make restitution to suant to a court order shall be deposited as the victims of such offense specified in para- (III) of section 205(c)(2)(B)(i); or miscellaneous receipts in the general fund of graph (4). ‘‘(2) at the time any such quarters of cov- ‘‘(2) Sections 3612, 3663, and 3664 of title 18, the Treasury. erage are earned— United States Code, shall apply with respect ‘‘(B) PAYMENT TO THE INDIVIDUAL.—In the ‘‘(A) is described in subparagraph (B) or (D) to the issuance and enforcement of orders of case of funds paid to the Commissioner of of section 101(a)(15) of the Immigration and restitution to victims of such offense under Social Security pursuant to paragraph (1)(B), Nationality Act, this subsection. the Commissioner of Social Security shall ‘‘(B) is lawfully admitted temporarily to ‘‘(3) If the court does not order restitution, certify for payment to the individual de- the United States for business (in the case of or orders only partial restitution, under this scribed in such paragraph an amount equal an individual described in such subparagraph subsection, the court shall state on the to the lesser of the amount of the funds so (B)) or the performance as a crewman (in the record the reasons therefor. paid or the individual’s outstanding financial case of an individual described in such sub- ‘‘(4) For purposes of paragraphs (1) and (2), loss as described in such paragraph, except paragraph (D)), and the victims of an offense under subsection (a) that such amount may be reduced by any ‘‘(C) the business engaged in or service as are the following: overpayment of benefits owed under this a crewman performed is within the scope of ‘‘(A) Any individual who suffers a financial title, title II, or title XVI by the indi- the terms of such individual’s admission to loss as a result of the defendant’s violation vidual.’’. the United States.’’. of subsection (a). (c) AMENDMENTS TO TITLE XVI.—Section On page 139, strike lines 18 through 22, and ‘‘(B) The Commissioner of Social Security, 1632 of the Social Security Act (42 U.S.C. insert the following: to the extent that the defendant’s violation 1383a) is amended— ‘‘(C) if not a United States citizen or na- of subsection (a) results in— (1) by redesignating subsection (b) as sub- tional— ‘‘(i) the Commissioner of Social Security section (c); and ‘‘(i) has been assigned a social security ac- making a benefit payment that should not (2) by inserting after subsection (a) the fol- count number that was, at the time of as- have been made; or lowing: signment, or at any later time, consistent ‘‘(b)(1) Any Federal court, when sentencing ‘‘(ii) an individual suffering a financial loss with the requirements of subclause (I) or a defendant convicted of an offense under due to the defendant’s violation of sub- (III) of section 205(c)(2)(B)(i); or subsection (a), may order, in addition to or section (a) in his or her capacity as the indi- ‘‘(ii) at the time any quarters of coverage in lieu of any other penalty authorized by vidual’s representative payee appointed pur- are earned— law, that the defendant make restitution to suant to section 205(j). ‘‘(I) is described in subparagraph (B) or (D) ‘‘(5)(A) Except as provided in subparagraph the Commissioner of Social Security, in any case in which such offense results in— of section 101(a)(15) of the Immigration and (B), funds paid to the Commissioner of Social Nationality Act, Security as restitution pursuant to a court ‘‘(A) the Commissioner of Social Security making a benefit payment that should not ‘‘(II) is lawfully admitted temporarily to order shall be deposited in the Federal Old- the United States for business (in the case of Age and Survivors Insurance Trust Fund, or have been made, or ‘‘(B) an individual suffering a financial loss an individual described in such subparagraph the Federal Disability Insurance Trust Fund, (B)) or the performance as a crewman (in the as appropriate. due to the defendant’s violation of sub- case of an individual described in such sub- ‘‘(B) In the case of funds paid to the Com- section (a) in his or her capacity as the indi- paragraph (D)), and missioner of Social Security pursuant to vidual’s representative payee appointed pur- paragraph (4)(B)(ii), the Commissioner of So- suant to section 1631(a)(2). ‘‘(III) the business engaged in or service as cial Security shall certify for payment to the ‘‘(2) Sections 3612, 3663, and 3664 of title 18, a crewman performed is within the scope of individual described in such paragraph an United States Code, shall apply with respect the terms of such individual’s admission to amount equal to the lesser of the amount of to the issuance and enforcement of orders of the United States.’’. the funds so paid or the individual’s out- restitution under this subsection. In so ap- On page 139, line 24, strike ‘‘filed’’ and in- standing financial loss, except that such plying such sections, the Commissioner of sert ‘‘based on social security account num- amount may be reduced by the amount of Social Security shall be considered the vic- bers issued’’. any overpayments of benefits owed under tim. Beginning on page 141, strike line 9 and all this title, title VIII, or title XVI by the indi- ‘‘(3) If the court does not order restitution, that follows through page 143, line 23, and in- vidual.’’; and or orders only partial restitution, under this sert the following: (3) by amending subsection (c) (as redesig- subsection, the court shall state on the SEC. 302. TEMPORARY EXTENSION OF ATTORNEY nated by paragraph (1)), by striking the sec- record the reasons therefor. FEE PAYMENT SYSTEM TO TITLE XVI ‘‘(4)(A) Except as provided in subparagraph ond sentence. CLAIMS. (B), funds paid to the Commissioner of Social (b) AMENDMENTS TO TITLE VIII.—Section (a) IN GENERAL.—Section 1631(d)(2) of the 811 of the Social Security Act (42 U.S.C. 1011) Security as restitution pursuant to a court Social Security Act (42 U.S.C. 1383(d)(2)) is is amended— order shall be deposited as miscellaneous re- amended— (1) by striking subsection (b) and inserting ceipts in the general fund of the Treasury. (1) in subparagraph (A), in the matter pre- ‘‘(B) In the case of funds paid to the Com- the following: ceding clause (i)— missioner of Social Security pursuant to ‘‘(b) COURT ORDER FOR RESTITUTION.— (A) by striking ‘‘section 206(a)’’ and insert- paragraph (1)(B), the Commissioner of Social ‘‘(1) IN GENERAL.—Any Federal court, when ing ‘‘section 206’’; Security shall certify for payment to the in- sentencing a defendant convicted of an of- (B) by striking ‘‘(other than paragraph (4) dividual described in such paragraph an fense under subsection (a), may order, in ad- thereof)’’ and inserting ‘‘(other than sub- amount equal to the lesser of the amount of dition to or in lieu of any other penalty au- the funds so paid or the individual’s out- sections (a)(4) and (d) thereof)’’; and thorized by law, that the defendant make standing financial loss as described in such (C) by striking ‘‘paragraph (2) thereof’’ and restitution to the Commissioner of Social paragraph, except that such amount may be inserting ‘‘such section’’; Security, in any case in which such offense reduced by any overpayment of benefits (2) in subparagraph (A)(i)— results in— owed under this title, title II, or title VIII by (A) by striking ‘‘in subparagraphs (A)(ii)(I) ‘‘(A) the Commissioner of Social Security the individual.’’; and and (C)(i),’’ and inserting ‘‘in subparagraphs making a benefit payment that should not (3) by amending subsection (c) (as redesig- (A)(ii)(I) and (D)(i) of subsection (a)(2)’’; and have been made, or nated by paragraph (1)) by striking ‘‘(1) If a (B) by striking ‘‘and’’ at the end; ‘‘(B) an individual suffering a financial loss person’’ and all that follows through ‘‘(2)’’. (3) by striking subparagraph (A)(ii) and in- due to the defendant’s violation of sub- (d) EFFECTIVE DATE.—The amendments serting the following: section (a) in his or her capacity as the indi- made by subsections (a), (b), and (c) shall ‘‘(ii) by substituting, in subsections vidual’s representative payee appointed pur- apply with respect to violations occurring on (a)(2)(B) and (b)(1)(B)(i), the phrase ‘para- suant to section 807(i). or after the date of enactment of this Act. graph (7)(A) or (8)(A) of section 1631(a) or the ‘‘(2) RELATED PROVISIONS.—Sections 3612, Beginning on page 132, strike line 12 and requirements of due process of law’ for the 3663, and 3664 of title 18, United States Code, all that follows through page 133, line 18. phrase ‘subsection (g) or (h) of section 223’;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16144 CONGRESSIONAL RECORD — SENATE December 9, 2003 ‘‘(iii) by substituting, in subsection claimant whose claim gave rise to the assess- Act and the most recent developments in (a)(2)(C)(i), the phrase ‘under title II’ for the ment. agency and court decisions affecting titles II phrase ‘under title XVI’; ‘‘(v) Assessments on attorneys collected and XVI of such Act. ‘‘(iv) by substituting, in subsection under this subparagraph shall be deposited (3) The representative has secured profes- (b)(1)(A), the phrase ‘pay the amount of such as miscellaneous receipts in the general fund sional liability insurance, or equivalent in- fee’ for the phrase ‘certify the amount of of the Treasury. surance, which the Commissioner has deter- such fee for payment’ and by striking, in ‘‘(vi) The assessments authorized under mined to be adequate to protect claimants in subsection (b)(1)(A), the phrase ‘or certified this subparagraph shall be collected and the event of malpractice by the representa- for payment’; and available for obligation only to the extent tive. ‘‘(v) by substituting, in subsection and in the amount provided in advance in ap- (4) The representative has undergone a (b)(1)(B)(ii), the phrase ‘deemed to be such propriations Acts. Amounts so appropriated criminal background check to ensure the amounts as determined before any applicable are authorized to remain available until ex- representative’s fitness to practice before reduction under section 1631(g), and reduced pended, for administrative expenses in car- the Commissioner. by the amount of any reduction in benefits rying out this title and related laws.’’. (5) The representative demonstrates ongo- under this title or title II made pursuant to (b) CONFORMING AMENDMENTS.—Section ing completion of qualified courses of con- section 1127(a)’ for the phrase ‘determined 1631(a) of the Social Security Act (42 U.S.C. tinuing education, including education re- before any applicable reduction under sec- 1383(a)) is amended— garding ethics and professional conduct, tion 1127(a))’.’’; and (1) in paragraph (2)(F)(i)(II), by inserting which are designed to enhance professional (4) by redesignating subparagraph (B) as ‘‘and payment of attorney fees under sub- knowledge in matters related to entitlement subparagraph (D) and inserting after subsection (d)(2)(B)’’ after ‘‘subsection (g)’’; and to, or eligibility for, benefits based on dis- paragraph (A) the following: (2) in paragraph (10)(A)— ability under titles II and XVI of such Act. ‘‘(B) Subject to subparagraph (C), if the (A) in the matter preceding clause (i), by Such continuing education, and the instruc- claimant is determined to be entitled to inserting ‘‘and payment of attorney fees tors providing such education, shall meet past-due benefits under this title and the under subsection (d)(2)(B)’’ after ‘‘subsection such standards as the Commissioner may person representing the claimant is an attor- (g)’’; and prescribe. ney, the Commissioner of Social Security (B) in the matter following clause (ii), by (c) ASSESSMENT OF FEES.— shall pay out of such past-due benefits to inserting ‘‘and payment of attorney fees (1) IN GENERAL.—The Commissioner may such attorney an amount equal to the lesser under subsection (d)(2)(B)’’ after ‘‘State’’. assess representatives reasonable fees to of— (c) EFFECTIVE DATE.— cover the cost to the Social Security Admin- ‘‘(i) so much of the maximum fee as does (1) IN GENERAL.—The amendments made by istration of administering the prerequisites not exceed 25 percent of such past-due bene- this section shall apply with respect to fees described in subsection (b). fits (as determined before any applicable re- for representation of claimants which are (2) DISPOSITION OF FEES.—Fees collected duction under section 1631(g) and reduced by first required to be paid under section under paragraph (1) shall be credited to the the amount of any reduction in benefits 1631(d)(2) of the Social Security Act on or Federal Old-Age and Survivors Insurance under this title or title II pursuant to sec- after the date of the submission by the Com- Trust Fund and the Federal Disability Insur- tion 1127(a)), or missioner of Social Security to each House ance Trust Fund, or deposited as miscella- ‘‘(ii) the amount of past-due benefits avail- of Congress pursuant to section 303(d) of this neous receipts in the general fund of the able after any applicable reductions under Act of written notice of completion of full Treasury, based on such allocations as the sections 1631(g) and 1127(a). implementation of the requirements for op- Commissioner of Social Security determines ‘‘(C)(i) Whenever a fee for services is re- eration of the demonstration project under appropriate. quired to be paid to an attorney from a section 303 of this Act. (3) AUTHORIZATION OF APPROPRIATIONS.— claimant’s past-due benefits pursuant to sub- (2) SUNSET.—Such amendments shall not The fees authorized under this subparagraph paragraph (B), the Commissioner shall im- apply with respect to fees for representation shall be collected and available for obliga- pose on the attorney an assessment cal- of claimants in the case of any claim for ben- tion only to the extent and in the amount culated in accordance with clause (ii). efits with respect to which the agreement for provided in advance in appropriations Acts. ‘‘(ii)(I) The amount of an assessment under representation is entered into after 5 years Amounts so appropriated are authorized to clause (i) shall be equal to the product ob- after the date described in paragraph (1). remain available until expended for admin- tained by multiplying the amount of the rep- SEC. 303. NATIONWIDE DEMONSTRATION istering the prerequisites described in sub- resentative’s fee that would be required to be PROJECT PROVIDING FOR EXTEN- section (b). paid by subparagraph (B) before the applica- SION OF FEE WITHHOLDING PROCE- (d) NOTICE TO CONGRESS AND APPLICABILITY DURES TO NON-ATTORNEY REP- tion of this subparagraph, by the percentage OF FEE WITHHOLDING PROCEDURES.—Not later specified in subclause (II), except that the RESENTATIVES. than 1 year after the date of enactment of maximum amount of the assessment may (a) IN GENERAL.—The Commissioner of So- this Act, the Commissioner shall complete not exceed $75. In the case of any calendar cial Security (hereafter in this section re- such actions as are necessary to fully imple- year beginning after the amendments made ferred to as the ‘‘Commissioner’’) shall de- ment the requirements for full operation of by section 302 of the Social Security Protec- velop and carry out a nationwide demonstra- the demonstration project and shall submit tion Act of 2003 take effect, the dollar tion project under this section with respect to each House of Congress a written notice of amount specified in the preceding sentence to agents and other persons, other than at- the completion of such actions. The applica- (including a previously adjusted amount) torneys, who represent claimants under ti- bility under this section to non-attorney rep- shall be adjusted annually under the proce- tles II and XVI of the Social Security Act be- resentatives of the fee withholding procedures used to adjust benefit amounts under fore the Commissioner. The demonstration dures and assessment procedures under sec- section 215(i)(2)(A)(ii), except such adjust- project shall be designed to determine the tions 206 and 1631(d)(2) of the Social Security ment shall be based on the higher of $75 or potential results of extending to such rep- Act shall be effective with respect to fees for the previously adjusted amount that would resentatives the fee withholding procedures representation of claimants in the case of have been in effect for December of the pre- and assessment procedures that apply under claims for benefits with respect to which the ceding year, but for the rounding of such sections 206 and section 1631(d)(2) of such Act agreement for representation is entered into amount pursuant to the following sentence. to attorneys seeking direct payment out of by such non-attorney representatives during Any amount so adjusted that is not a mul- past due benefits under such titles and shall the period beginning with the date of the tiple of $1 shall be rounded to the next low- include an analysis of the effect of such ex- submission of such notice by the Commis- est multiple of $1, but in no case less than tension on claimants and program adminis- sioner to Congress and ending with the ter- $75. tration. mination date of the demonstration project. ‘‘(II) The percentage specified in this sub- (b) STANDARDS FOR INCLUSION IN DEM- (e) REPORTS BY THE COMMISSIONER; TERMI- clause is such percentage rate as the Com- ONSTRATION PROJECT.—Fee-withholding pro- NATION.— missioner determines is necessary in order to cedures may be extended under the dem- (1) INTERIM REPORTS.—On or before the achieve full recovery of the costs of deter- onstration project carried out pursuant to date which is 1 year after the date of enact- mining and approving fees to attorneys from subsection (a) to any non-attorney rep- ment of this Act, and annually thereafter, the past-due benefits of claimants, but not in resentative only if such representative meets the Commissioner shall transmit to the excess of 6.3 percent. at least the following prerequisites: Committee on Ways and Means of the House ‘‘(iii) The Commissioner may collect the (1) The representative has been awarded a of Representatives and to the Committee on assessment imposed on an attorney under bachelor’s degree from an accredited institu- Finance of the Senate an annual interim re- clause (i) by offset from the amount of the tion of higher education, or has been deter- port on the progress of the demonstration fee otherwise required by subparagraph (B) mined by the Commissioner to have equiva- project carried out under this section, to- to be paid to the attorney from a claimant’s lent qualifications derived from training and gether with any related data and materials past-due benefits. work experience. that the Commissioner may consider appro- ‘‘(iv) An attorney subject to an assessment (2) The representative has passed an exam- priate. under clause (i) may not, directly or indi- ination, written and administered by the (2) TERMINATION DATE AND FINAL REPORT.— rectly, request or otherwise obtain reim- Commissioner, which tests knowledge of the The termination date of the demonstration bursement for such assessment from the relevant provisions of the Social Security project under this section is the date which

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16145 is 5 years after the date of the submission of Act with respect to program administration termined after application of the provisions the notice by the Commissioner to each and claimant outcomes, and assess whether of subsection (q) and the preceding provi- House of Congress pursuant to subsection the rules and procedures employed by the sions of this subsection) shall be reduced (d). The authority under the preceding provi- Commissioner of Social Security to evaluate (but not below zero) by an amount equal to sions of this section shall not apply in the the qualifications and performance of claim- two-thirds of the amount of any monthly case of claims for benefits with respect to ant representatives should be revised prior periodic benefit payable to such individual which the agreement for representation is to making such procedures permanent; and for such month which is based upon such in- entered into after the termination date. Not (E) make such recommendations for ad- dividual’s earnings while in the service of later than 90 days after the termination ministrative and legislative changes as the the Federal Government or any State (or po- date, the Commissioner shall submit to the Comptroller General of the United States litical subdivision thereof, as defined in sec- Committee on Ways and Means of the House considers necessary or appropriate. tion 218(b)(2)) if, during any portion of the of Representatives and to the Committee on (3) CONSULTATION REQUIRED.—The Comp- last 60 months of such service ending with Finance of the Senate a final report with re- troller General of the United States shall the last day such individual was employed by spect to the demonstration project. consult with beneficiaries under title II of such entity— SEC. 304. GAO STUDY REGARDING THE FEE PAY- such Act, beneficiaries under title XVI of ‘‘(i) such service did not constitute ‘em- MENT PROCESS FOR CLAIMANT REP- such Act, claimant representatives of bene- ployment’ as defined in section 210, or RESENTATIVES. ficiaries under such titles, and other inter- ‘‘(ii) such service was being performed (a) STUDY.— ested parties, in conducting the study and while in the service of the Federal Govern- (1) IN GENERAL.—The Comptroller General evaluation required under paragraph (1). ment, and constituted ‘employment’ as so of the United States shall study and evaluate (b) REPORT.—Not later than 3 years after defined solely by reason of— the appointment and payment of claimant the date of the submission by the Commis- ‘‘(I) clause (ii) or (iii) of subparagraph (G) representatives appearing before the Com- sioner of Social Security to each House of of section 210(a)(5), where the lump-sum pay- missioner of Social Security in connection Congress pursuant to section 303(d) of this ment described in such clause (ii) or the ces- with benefit claims under titles II and XVI of Act of written notice of completion of full sation of coverage described in such clause the Social Security Act (42 U.S.C. 401 et seq., implementation of the requirements for op- (iii) (whichever is applicable) was received or 1381 et seq.) in each of the following groups: eration of the demonstration project under occurred on or after January 1, 1988, or (A) Attorney claimant representatives who section 303 of this Act, the Comptroller Gen- ‘‘(II) an election to become subject to the elect fee withholding under section 206 or eral of the United States shall submit to the Federal Employees’ Retirement System pro- 1631(d)(2) of such Act. Committee on Ways and Means of the House vided in chapter 84 of title 5, United States (B) Attorney claimant representatives who of Representatives and the Committee on Fi- Code, or the Foreign Service Pension System do not elect such fee withholding. nance of the Senate a report on the results of provided in subchapter II of chapter 8 of title (C) Non-attorney claimant representatives the study and evaluation conducted pursuant I of the Foreign Service Act of 1980 made who are eligible for, and elect, such fee with- to subsection (a). pursuant to law after December 31, 1987, holding. On page 144, strike lines 7 through 13, and unless subparagraph (B) applies. (D) Non-attorney claimant representatives insert the following: who are eligible for, but do not elect, such The amount of the reduction in any benefit fee withholding. SEC. 401. APPLICATION OF DEMONSTRATION AU- under this subparagraph, if not a multiple of (E) Non-attorney claimant representatives THORITY SUNSET DATE TO NEW $0.10, shall be rounded to the next higher PROJECTS. who are not eligible for such fee withholding. multiple of $0.10. Section 234 of the Social Security Act (42 ‘‘(B)(i) Subparagraph (A)(i) shall not apply (2) MATTERS TO BE STUDIED.—In conducting U.S.C. 434) is amended— with respect to monthly periodic benefits the study under this subsection, the Comp- (1) in the first sentence of subsection (c), based wholly on service as a member of a troller General shall, for each of group of by striking ‘‘conducted under subsection (a)’’ uniformed service (as defined in section claimant representatives described in para- and inserting ‘‘initiated under subsection (a) 210(m)). graph (1)— on or before December 17, 2005’’; and ‘‘(ii) Subparagraph (A)(ii) shall not apply (A) conduct a survey of the relevant char- with respect to monthly periodic benefits acteristics of such claimant representatives (2) in subsection (d)(2), by striking the first based in whole or in part on service which including— sentence and inserting the following: ‘‘The constituted ‘employment’ as defined in sec- (i) qualifications and experience; authority to initiate projects under the preceding provisions of this section shall termi- tion 210 if such service was performed for at (ii) the type of employment of such claim- least 60 months in the aggregate during the ant representatives, such as with an advo- nate on December 18, 2005.’’. On page 149, after line 21, add the fol- period beginning January 1, 1988, and ending cacy group, State or local government, or in- lowing: with the close of the first calendar month as surance or other company; SEC. 407. REAUTHORIZATION OF APPROPRIA- of the end of which such individual is eligible (iii) geographical distribution between for benefits under this subsection and has urban and rural areas; TIONS FOR CERTAIN WORK INCEN- TIVES PROGRAMS. made a valid application for such benefits. (iv) the nature of claimants’ cases, such as (a) BENEFITS PLANNING, ASSISTANCE, AND ‘‘(C) For purposes of this paragraph, any whether the cases are for disability insur- OUTREACH.—Section 1149(d) of the Social Se- periodic benefit which otherwise meets the ance benefits only, supplemental security in- curity Act (42 U.S.C. 1320b–20(d)) is amended requirements of subparagraph (A), but which come benefits only, or concurrent benefits; by striking ‘‘2004’’ and inserting ‘‘2009’’. is paid on other than a monthly basis, shall (v) the relationship of such claimant rep- (b) PROTECTION AND ADVOCACY.—Section be allocated on a basis equivalent to a resentatives to claimants, such as whether 1150(h) of the Social Security Act (42 U.S.C. monthly benefit (as determined by the Com- the claimant is a friend, family member, or 1320b–21(h)) is amended by striking ‘‘2004’’ missioner of Social Security) and such equiv- client of the claimant representative; and and inserting ‘‘2009’’. alent monthly benefit shall constitute a (vi) the amount of compensation (if any) Beginning on page 157, strike line 16 and monthly periodic benefit for purposes of sub- paid to the claimant representatives and the all that follows through page 158, line 2, and paragraph (A). For purposes of this subpara- method of payment of such compensation; insert the following: graph, the term ‘periodic benefit’ includes a (B) assess the quality and effectiveness of SEC. 416. COVERAGE UNDER DIVIDED RETIRE- benefit payable in a lump sum if it is a com- the services provided by such claimant rep- MENT SYSTEM FOR PUBLIC EMPLOY- mutation of, or a substitute for, periodic resentatives, including a comparison of EES IN KENTUCKY AND LOUISIANA. payments.’’. claimant satisfaction or complaints and ben- (a) IN GENERAL.—Section 218(d)(6)(C) of the (b) CONFORMING AMENDMENTS.— efit outcomes, adjusted for differences in Social Security Act (42 U.S.C. 418(d)(6)(C)) is (1) WIFE’S INSURANCE BENEFITS.—Section claimant representatives’ caseload, claim- amended by inserting ‘‘Kentucky, Lou- 202(b) of the Social Security Act (42 U.S.C. ants’ diagnostic group, level of decision, and isiana,’’ after ‘‘Illinois,’’. 402(b)) is amended— other relevant factors; (b) EFFECTIVE DATE.—The amendment (A) in paragraph (2), by striking ‘‘sub- (C) assess the interactions between fee made by subsection (a) takes effect on Janu- section (q) and paragraph (4) of this sub- withholding under sections 206 and 1631(d)(2) ary 1, 2003. section’’ and inserting ‘‘subsections (k)(5) of such Act (including under the amend- Beginning on page 159, strike line 1 and all and (q)’’; and ments made by section 302 of this Act and that follows through page 166, line 8, and in- (B) by striking paragraph (4) and redesig- under the demonstration project conducted sert the following: nating paragraph (5) as paragraph (4). under section 303 of this Act), the windfall SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT (2) HUSBAND’S INSURANCE BENEFITS.—Sec- offset under section 1127 of such Act, and in- REQUIREMENT FOR APPLICATION tion 202(c) of the Social Security Act (42 terim assistance reimbursements under sec- OF GOVERNMENT PENSION OFFSET U.S.C. 402(c)) is amended— tion 1631(g) of such Act; EXEMPTION. (A) by striking paragraph (2) and redesig- (D) assess the potential results of making (a) IN GENERAL.—Section 202(k) of the So- nating paragraphs (3) through (5) as para- permanent the fee withholding procedures cial Security Act (42 U.S.C. 402(k)) is amend- graphs (2) through (4), respectively; and under sections 206 and 1631(d)(2) of such Act ed by adding at the end the following: (B) in paragraph (2) as so redesignated, by under the amendments made by section 302 ‘‘(5)(A) The amount of a monthly insurance striking ‘‘subsection (q) and paragraph (2) of of this Act and under the demonstration benefit of any individual for each month this subsection’’ and inserting ‘‘subsections project conducted under section 303 of this under subsection (b), (c), (e), (f), or (g) (as de- (k)(5) and (q)’’.

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(3) WIDOW’S INSURANCE BENEFITS.—Section (i) were performed by the individual under certification by the individual of receipt of 202(e) of the Social Security Act (42 U.S.C. the same retirement system on or before the the notice. The agency or instrumentality 402(e)) is amended— date of enactment of this Act, and providing the notice to the individual shall (A) in paragraph (2)(A), by striking ‘‘sub- (ii) constituted ‘‘employment’’ as defined require that the form be completed and section (q), paragraph (7) of this subsection,’’ in section 210 of the Social Security Act; and signed by the individual and submitted to and inserting ‘‘subsection (k)(5), subsection (B) months of service necessary to fulfill the agency or instrumentality and to the (q),’’; and the 60-month period as reduced by subpara- pension, annuity, retirement, or similar fund (B) by striking paragraph (7) and redesig- graph (A) of this paragraph must be per- or system established by the governmental nating paragraphs (8) and (9) as paragraphs formed after the date of enactment of this entity involved responsible for paying the (7) and (8), respectively. Act. monthly periodic payments or benefits, be- (4) WIDOWER’S INSURANCE BENEFITS.— On page 166, strike line 9 and insert the fol- fore commencement of service with the (A) IN GENERAL.—Section 202(f) of the So- lowing: agency or instrumentality.’’. cial Security Act (42 U.S.C. 402(f)) is amend- SEC. 419. DISCLOSURE TO WORKERS OF EFFECT (d) EFFECTIVE DATES.—The amendments ed— OF WINDFALL ELIMINATION PROVI- made by subsections (a) and (b) of this section shall apply with respect to social secu- (i) by striking paragraph (2) and redesig- SION AND GOVERNMENT PENSION OFFSET PROVISION. rity account statements issued on or after nating paragraphs (3) through (9) as para- January 1, 2007. graphs (2) through (8), respectively; and (a) INCLUSION OF NONCOVERED EMPLOYEES (ii) in paragraph (2) as so redesignated, by AS ELIGIBLE INDIVIDUALS ENTITLED TO SOCIAL SEC. 420. POST-1956 MILITARY WAGE CREDITS. On page 167, between lines 14 and 15, insert striking ‘‘subsection (q), paragraph (2) of this SECURITY ACCOUNT STATEMENTS.—Section the following: subsection,’’ and inserting ‘‘subsection (k)(5), 1143(a)(3) of the Social Security Act (42 subsection (q),’’. U.S.C. 1320b–13(a)(3)) is amended— SEC. 420A. ELIMINATION OF DISINCENTIVE TO (1) by striking ‘‘who’’ after ‘‘an individual’’ RETURN-TO-WORK FOR CHILDHOOD (B) CONFORMING AMENDMENTS.— and inserting ‘‘who’’ before ‘‘has’’ in each of DISABILITY BENEFICIARIES. (i) Section 202(f)(1)(B) of the Social Secu- subparagraphs (A) and (B); (a) IN GENERAL.—Section 202(d)(6)(B) of the rity Act (42 U.S.C. 402(f)(1)(B)) is amended by (2) by inserting ‘‘(i) who’’ after ‘‘(C)’’; and Social Security Act (42 U.S.C. 402(d)(6)(B)) is striking ‘‘paragraph (5)’’ and inserting (3) by inserting before the period the fol- amended— ‘‘paragraph (4)’’. lowing: ‘‘, or (ii) with respect to whom the (1) by inserting ‘‘(i)’’ after ‘‘began’’; and (ii) Section 202(f)(1)(F) of the Social Secu- Commissioner has information that the pat- (2) by adding after ‘‘such disability,’’ the rity Act (42 U.S.C. 402(f)(1)(F)) is amended by tern of wages or self-employment income in- following: ‘‘or (ii) after the close of the 84th striking ‘‘paragraph (6)’’ and ‘‘paragraph (5)’’ dicate a likelihood of noncovered employ- month following the month in which his (in clauses (i) and (ii)) and inserting ‘‘para- ment’’. most recent entitlement to child’s insurance graph (5)’’ and ‘‘paragraph (4)’’, respectively. (b) EXPLANATION IN SOCIAL SECURITY AC- benefits terminated because he ceased to be (iii) Section 202(f)(5)(A)(ii) of the Social Se- COUNT STATEMENTS OF POSSIBLE EFFECTS OF under such disability due to performance of curity Act (as redesignated by subparagraph PERIODIC BENEFITS UNDER STATE AND LOCAL substantial gainful activity,’’. (A)(i)) is amended by striking ‘‘paragraph (b) EFFECTIVE DATE.—The amendments RETIREMENT SYSTEMS ON SOCIAL SECURITY (5)’’ and inserting ‘‘paragraph (4)’’. made by subsection (a) shall be effective BENEFITS.—Section 1143(a)(2) of the Social (iv) Section 202(k)(2)(B) of the Social Secu- Security Act (42 U.S.C. 1320b–13(a)(2)) is with respect to benefits payable for months rity Act (42 U.S.C. 402(k)(2)(B)) is amended amended— beginning with the 7th month that begins by striking ‘‘or (f)(4)’’ each place it appears (1) in subparagraph (C), by striking ‘‘and’’ after the date of enactment of this Act. Beginning on page 173, strike line 3 and all and inserting ‘‘or (f)(3)’’. at the end; that follows through page 174, line 10, and in- (v) Section 202(k)(3)(A) of the Social Secu- (2) in subparagraph (D), by striking the pe- sert the following: rity Act (42 U.S.C. 402(k)(3)(A)) is amended riod and inserting ‘‘; and’’; and by striking ‘‘or (f)(3)’’ and inserting ‘‘or (e) TRANSFERS.—Section 15A(d)(2) of the (3) by adding at the end the following: Railroad Retirement Act of 1974 (45 U.S.C. (f)(2)’’. ‘‘(E) in the case of an eligible individual (vi) Section 202(k)(3)(B) of the Social Secu- 231n–1(d)(2)) is amended— described in paragraph (3)(C)(ii), an expla- (1) by inserting ‘‘or the Railroad Retire- rity Act (42 U.S.C. 402(k)(3)(B)) is amended nation, in language calculated to be under- by striking ‘‘or (f)(4)’’ and inserting ‘‘or ment Account’’ after ‘‘National Railroad Re- stood by the average eligible individual, of tirement Investment Trust’’ the second place (f)(3)’’. the operation of the provisions under sec- (vii) Section 226(e)(1)(A)(i) of the Social Se- it appears; tions 202(k)(5) and 215(a)(7) and an expla- (2) by inserting ‘‘or the Railroad Retire- curity Act (42 U.S.C. 426(e)(1)(A)(i)) is amend- nation of the maximum potential effects of ment Board’’ after ‘‘National Railroad Re- ed by striking ‘‘and 202(f)(5)’’ and inserting such provisions on the eligible individual’s tirement Investment Trust’’ the third place ‘‘and 202(f)(4)’’. monthly retirement, survivor, and auxiliary it appears; (5) MOTHER’S AND FATHER’S INSURANCE BEN- benefits.’’. (3) by inserting ‘‘(either directly or EFITS.—Section 202(g) of the Social Security (c) TRUTH IN RETIREMENT DISCLOSURE TO through a commingled account consisting Act (42 U.S.C. 402(g)) is amended— GOVERNMENTAL EMPLOYEES OF EFFECT OF only of such obligations)’’ after ‘‘United (A) in paragraph (2), by striking ‘‘Except as NONCOVERED EMPLOYMENT ON BENEFITS States’’ the first place it appears; and provided in paragraph (4) of this subsection, UNDER TITLE II.—Section 1143 of the Social (4) in the third sentence, by inserting be- such’’ and inserting ‘‘Such’’; and Security Act (42 U.S..C. 1320b–13) is amended fore the period at the end the following: ‘‘or (B) by striking paragraph (4). further by adding at the end the following: to purchase such additional obligations’’. (c) EFFECTIVE DATE AND TRANSITIONAL ‘‘Disclosure to Governmental Employees of Beginning on page 177, strike line 20 and RULE.— Effect of Noncovered Employment all that follows through page 178, line 18. (1) IN GENERAL.—The amendments made by ‘‘(d)(1) In the case of any individual com- On page 178, line 19, strike ‘‘433’’ and insert this section shall apply with respect to appli- mencing employment on or after January 1, ‘‘432’’. cations for benefits under title II of the So- 2005, in any agency or instrumentality of any Beginning on page 179, strike line 5 and all cial Security Act filed on or after the first State (or political subdivision thereof, as de- that follows through page 181, line 3. On page 181, line 4, strike ‘‘435’’ and insert day of the first month that begins after the fined in section 218(b)(2)) in a position in ‘‘433’’. date of enactment of this Act, except that which service performed by the individual On page 182, line 11, strike ‘‘436’’ and insert such amendments shall not apply in connec- does not constitute ‘employment’ as defined ‘‘434’’. tion with monthly periodic benefits of any in section 210, the head of the agency or in- On page 183, line 3, strike ‘‘437’’ and insert individual based on earnings while in service strumentality shall ensure that, prior to the ‘‘435’’. described in section 202(k)(5)(A) of the Social date of the commencement of the individ- On page 184, line 6, strike ‘‘438’’ and insert Security Act (in the matter preceding clause ual’s employment in the position, the indi- ‘‘436’’. (i) thereof) if the last day of such service oc- vidual is provided a written notice setting Beginning on page 184, strike line 21 and curs before July 1, 2004. forth an explanation, in language calculated all that follows through page 186, line 22. (2) TRANSITIONAL RULE.—In the case of any to be understood by the average individual, Conform the table of contents accordingly. individual whose last day of service de- of the maximum effect on computations of scribed in subparagraph (A) of section primary insurance amounts (under section SA 2228. Mr. FRIST (for Mr. ALEX- 202(k)(5) of the Social Security Act (as added 215(a)(7)) and the effect on benefit amounts ANDER) proposed an amendment to the by subsection (a) of this section) occurs (under section 202(k)(5)) of monthly periodic bill H.R. 2264, An act to authorize ap- within 5 years after the date of enactment of payments or benefits payable based on earn- propriations for fiscal year 2004 to this Act— ings derived in such service. Such notice (A) the 60-month period described in such shall be in a form which shall be prescribed carry out the Congo Basin Forest Part- subparagraph (A) shall be reduced (but not to by the Commissioner of Social Security. nership program, and for other pur- less than 1 month) by the number of months ‘‘(2) The written notice provided to an indi- poses; as follows: of such service (in the aggregate and without vidual pursuant to paragraph (1) shall in- Beginning on page 5, strike line 24 and all regard to whether such months of service clude a form which, upon completion and sig- that follows through page 6, line 11, and in- were continuous) which— nature by the individual, would constitute sert the following:

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(a) IN GENERAL.—There are authorized to cation Assistance Act (25 U.S.C. 450b(e)) or as ‘‘(A) any cigarette or smokeless tobacco be appropriated to the President to carry out listed pursuant to section 104 of the Feder- excise tax that is imposed by the State in the Congo Basin Forest Partnership (CBFP) ally Recognized Indian Tribe List Act of 1994 which the cigarettes or smokeless tobacco program $18,600,000 for fiscal year 2004. (Public Law 103–454; 25 U.S.C. 479a–1). are to be delivered has been paid to the (b) CARPE.—Of the amounts appropriated ‘‘(15) The term ‘tobacco tax administrator’, State; pursuant to the authorization of appropria- in the case of a State, local, or Tribal gov- ‘‘(B) any cigarette or smokeless tobacco tions in subsection (a), $16,000,000 is author- ernment, means the official of the govern- excise tax that is imposed by the local gov- ized to be made available to the Central Afri- ment duly authorized to collect the tobacco ernment of the place in which the cigarette ca Regional Program for the Environment tax or administer the tax law of the govern- or smokeless tobacco are to be delivered has (CARPE) of the United States Agency for ment.’’. been paid to the local government; and International Development. On page 20, line 4, strike ‘‘and’’. ‘‘(C) any required stamps or other indicia (c) AVAILABILITY.—Amounts appropriated On page 20, between lines 4 and 5, insert that such excise tax has been paid are prop- pursuant to the authorization of appropria- the following: erly affixed or applied to the cigarettes or tions under subsection (a) are authorized to (ii) by inserting ‘‘, locality, or Indian smokeless tobacco. remain available until expended. Country of an Indian Tribe’’ after ‘‘a State’’; ‘‘(2) Paragraph (1) does not apply to a de- and livery sale of smokeless tobacco if the law of SA 2229. Mr. FRIST (for Mr. ALEX- On page 20, line 5, strike ‘‘(ii)’’ and insert the State or local government of the place ANDER) proposed an amendment to the ‘‘(iii)’’. where the smokeless tobacco is to be deliv- bill H.R. 2264, An act to authorize ap- On page 20, strike lines 8 through 14 and in- ered requires or otherwise provides that desert the following: livery sellers collect the excise tax from the propriations for fiscal year 2004 to (B) in paragraph (1)— carry out the Congo Basin Forest Part- consumer and remit the excise tax to the (i) by striking ‘‘administrator of the State or local government, and the delivery nership program, and for other pur- State’’ and inserting ‘‘administrators of the seller complies with the requirement. poses; as follows: State and place’’; and On page 23, line 13, insert after ‘‘Each Amend the title so as to read: ‘‘To author- (ii) by striking ‘‘; and’’ and inserting the State’’ the following: ‘‘, and each local gov- ize appropriations for fiscal year 2004 to following: ‘‘, as well as telephone numbers ernment or Indian Tribal government that carry out the Congo Basin Forest Partner- for each place of business, a principal elec- levies a tax subject to subsection (a)(3),’’. ship program, and for other purposes.’’. tronic mail address, any website addresses, On page 23, line 15, strike ‘‘such State. If a and the name, address, and telephone num- State’’ and insert after ‘‘such State, locality, SA 2230. Mr. FRIST (for Mr. LEVIN) ber of an agent in the State authorized to ac- or Indian Tribe. If a State, local government, proposed an amendment to the bill S. cept service on behalf of such person;’’; or Indian Tribe’’. 1267, to amend the District of Columbia On page 20, strike lines 15 through 19, and On page 23, line 18, insert after ‘‘such insert the following: State’’ the following: ‘‘or locality or in the Home Rule Act to provide the District (C) in paragraph (2), by striking ‘‘and the Indian Country of such Indian Tribe’’. of Columbia with autonomy over its quantity thereof.’’ and inserting ‘‘the quan- On page 23, line 20, insert after ‘‘Each budgets, and for other purposes; as fol- tity thereof, and the name, address, and State’’ the following: ‘‘, and each local gov- lows: phone number of the person delivering the ernment or Indian Tribal government that At the appropriate place, insert the fol- shipment to the recipient on behalf of the de- levies a tax subject to subsection (a)(3),’’. On page 23, line 22, insert ‘‘, locality, or In- lowing: (p. 10, after l. 2) livery seller, with all invoice or memoranda dian Tribe’’ after ‘‘such State’’. SEC. ll. METERED CABS IN THE DISTRICT OF information relating to specific customers to be organized by city or town and by zip code; On page 23, line 23, insert after ‘‘A State’’ COLUMBIA. the following: ‘‘, locality, or Indian Tribal (a) IN GENERAL.—Except as provided in and’’; and (D) by adding at the end the following new government’’. subsection (b) and not later than 1 year after On page 24, line 4, insert after ‘‘a State’’ paragraph: the date of enactment of this Act, the Dis- the following: ‘‘, local government, or Indian ‘‘(3) with respect to each memorandum or trict of Columbia shall require all cabs li- Tribal government’’. censed in the District of Columbia to charge invoice filed with a State under paragraph On page 24, line 8, insert after ‘‘State’’ the fares by a metered system. (2), also file copies of such memorandum or following: ‘‘or locality or in the Indian Coun- (b) DISTRICT OF COLUMBIA OPT OUT.—The invoice with the tobacco tax administrators try of such Indian Tribe’’. District of Columbia may cancel the require- and chief law enforcement officers of the On page 24, strike line 21 and all that fol- ments of subsection (a) by adopting an ordi- local governments and Indian Tribes oper- lows through page 25, line 2, and insert the nance that specifically states that the Dis- ating within the borders of the State that following: trict of Columbia opts out of the require- apply their own local or Tribal taxes on ciga- (2) in subsection (a), as so designated— ment to implement a metered system under rettes or smokeless tobacco.’’; and (A) by inserting ‘‘(except for a State, local, subsection (a). On page 21, line 4, strike ‘‘Each’’ and insert or Tribal government)’’ after ‘‘this Act’’; and ‘‘With respect to delivery sales into a spe- (B) by striking ‘‘shall be guilty of a mis- SA 2231. Mr. FRIST (for Mr. HATCH) cific State and place, each’’. demeanor and shall be fined not more than proposed an amendment to the bill S. On page 21, line 9, insert ‘‘, local, Tribal,’’ $1,000, or imprisoned not more than 6 after ‘‘all State’’. months’’ and inserting ‘‘shall be guilty of a 1177, to prevent tobacco smuggling, to On page 21, beginning on line 10, strike felony, fined under subchapter C of chapter ensure the collection of all tobacco ‘‘that occur entirely within the State’’ and taxes, and for other purposes; as fol- insert ‘‘as if such delivery sales occurred en- 227 of title 18, United States Code, impris- tirely within the specific State and place’’. oned not more than three years, or both’’; lows: and On page 17, between lines 23 and 24, insert On page 21, strike line 14. On page 21, line 15, strike ‘‘(C)’’ and insert On page 26, strike line 3 and all that fol- the following: ‘‘(B)’’. lows through page 27, line 11, and insert the (2) in paragraph (5)— On page 21, line 17, strike ‘‘(D)’’ and insert following: (A) by inserting ‘‘, local, or Tribal’’ after ‘‘(C)’’. ‘‘(b) The Attorney General of the United ‘‘the State’’; On page 22, line 3, strike ‘‘AND SALES’’. States shall administer and enforce the pro- (B) by striking ‘‘administer the cigarette On page 22, line 14, strike ‘‘by State’’ and visions of this Act. tax law’’ and inserting ‘‘collect the tobacco insert ‘‘by the State, and within such State, ‘‘(c)(1)(A) A State, through its attorney tax or administer the tax law’’; and by the city or town and by zip code,’’. general (or a designee thereof), or a local (C) by inserting ‘‘, locality, or Tribe, re- On page 22, beginning on line 20, strike government or Indian Tribe that levies a tax spectively’’ after ‘‘a State’’. ‘‘attorneys general’’ and all that follows subject to section 2A(a)(3), through its chief On page 17, line 24, strike ‘‘(2)’’ and insert through ‘‘United States’’ and insert ‘‘to local law enforcement officer (or a designee there- ‘‘(3)’’. governments and Indian Tribes that apply of), may bring an action in the United States On page 18, line 17, strike ‘‘(3)’’ and insert their own local or Tribal taxes on cigarettes district courts to prevent and restrain viola- ‘‘(4)’’. or smokeless tobacco, to the attorneys gen- tions of this Act by any person (or by any On page 19, strike line 20 and insert the fol- eral of the States, to the chief law enforce- person controlling such person) or to obtain lowing: ment officers of such local governments and any other appropriate relief from any person of the United States. Indian Tribes, and to the Attorney General (or from any person controlling such person) ‘‘(13) The term ‘Indian Country’ has the of the United States’’. for violations of this Act, including civil meaning given that term in section 1151 of On page 22, strike line 24 and all that fol- penalties, money damages, and injunctive or title 18, United States Code, except that lows through page 23, line 12, and insert the other equitable relief. within the State of Alaska that term applies following: ‘‘(B) Nothing in this Act shall be deemed to only to the Metlakatla Indian Community, ‘‘(d)(1) Except as provided in paragraph (2), abrogate or constitute a waiver of any sov- Annette Island Reserve. no cigarettes or smokeless tobacco may be ereign immunity of a State or local govern- ‘‘(14) The term ‘Indian Tribe’, ‘Tribe’, or delivered pursuant to a delivery sale in ment or Indian Tribe against any ‘Tribal’ refers to an Indian tribe as defined in interstate commerce unless in advance of unconsented lawsuit under this Act, or oth- the Indian Self-Determination and Edu- the delivery— erwise to restrict, expand, or modify any

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16148 CONGRESSIONAL RECORD — SENATE December 9, 2003 sovereign immunity of a State or local gov- On page 28, strike line 2 and insert the fol- (1) in subsection (a), by striking ‘‘a State ernment or Indian Tribe. lowing: to enact and enforce’’ and inserting ‘‘a State, ‘‘(2) A State, through its attorney general, shall not be deposited in or carried through local government, or Tribe to enact and en- or a local government or Indian Tribe that the mails. force its own’’; and levies a tax subject to section 2A(a)(3), ‘‘(2) Paragraph (1) shall apply only to (2) in subsection (b), by striking ‘‘of States, through its chief law enforcement officer (or States that are contiguous with at least one through interstate compact or otherwise, to a designee thereof), may provide evidence of other State of the United States.’’. provide for the administration of State’’ and a violation of this Act by any person not sub- On page 29, line 4, strike ‘‘and’’. inserting ‘‘of State, local, or Tribal govern- On page 29, line 25, insert before the semi- ject to State, local, or Tribal government en- ments, through interstate compact or other- colon the following: ‘‘or, for smokeless to- forcement actions for violations of this Act wise, to provide for the administration of bacco found in Indian Country, is licensed or to the Attorney General of the United States State, local, or Tribal’’. or a United State Attorney, who shall take otherwise authorized by the Tribal govern- On page 34, line 4, strike ‘‘(e)’’ and insert appropriate actions to enforce the provisions ment of such Indian Country to account for ‘‘(g)’’. of this Act. and pay smokeless tobacco taxes imposed by On page 34, line 10, insert after ‘‘attorney ‘‘(3)(A) Notwithstanding any other provi- the Tribal government’’. general,’’ the following: ‘‘a local government sion of law and subject to subparagraph (B), On page 30, line 6, insert ‘‘or a Tribe’’ after or Indian Tribe, through its chief law en- an amount equal to 50 percent of any crimi- ‘‘a State’’. forcement officer (or a designee thereof),’’. nal and civil penalties collected by the On page 30, beginning on line 8, strike ‘‘or On page 34, line 15, insert before the period United States Government in enforcing the a State (including any political subdivision the following: ‘‘, except that any person who provisions of this Act shall be available to of a State)’’ and insert ‘‘a State (including holds a permit under section 5712 of the In- the Department of Justice for purposes of en- any political subdivision of a State), or a ternal Revenue Code of 1986 may not bring forcing the provisions of this Act and other Tribe (including any political subdivision of such an action against a State, local, or laws relating to contraband tobacco prod- a Tribe)’’. Tribal government’’. ucts. On page 30, line 11, strike ‘‘duties.’’ and in- On page 34, line 16, insert after ‘‘attorney ‘‘(B) Of the amount available to the De- sert ‘‘duties;’’. general,’’ the following: ‘‘, or a local govern- partment under subparagraph (A), not less On page 30, after line 24, add the following: ment or Indian Tribe, through its chief law (c) ADDITIONAL DEFINITIONAL MATTERS.— than 50 percent shall be made available only enforcement officer (or a designee thereof),’’. Section 2341 of such title is further amend- to the agencies and offices within the De- On page 34, line 21, add after the period the ed— partment that were responsible for the en- following: ‘‘Nothing in this chapter shall be (1) in paragraph (2), as amended by sub- forcement actions in which the penalties deemed to abrogate or constitute a waiver of section (a)(1) of this section— concerned were imposed. any sovereign immunity of a State or local ‘‘(4) The remedies available under this sub- (A) in the matter preceding subparagraph government or Indian Tribe against any section are in addition to any other remedies (A), by striking ‘‘State cigarette taxes in the unconsented lawsuit under this chapter, or available under Federal, State, local, Tribal, State where such cigarettes are found, if the otherwise to restrict, expand, or modify any or other law. State’’ and inserting ‘‘State, local, or Tribal sovereign immunity of a State or local gov- ‘‘(5) Nothing in this Act shall be construed cigarette taxes in the State, locality, or In- ernment or Indian Tribe.’’. to expand, restrict, or otherwise modify any dian Country where such cigarettes are On page 34, line 23, insert ‘‘local, Tribal,’’ right of an authorized State official to profound, if the State, local or Tribal govern- after ‘‘State,’’. ceed in State court, or take other enforcement’’; On page 35, strike lines 1 through 4 and in- ment actions, on the basis of an alleged vio- (B) in subparagraph (C)(i), by inserting be- sert the following: lation of State or other law. fore the semicolon the following: ‘‘, or, for ‘‘(4) Nothing in this chapter shall be con- ‘‘(6) Nothing in this Act shall be construed cigarettes found in Indian County, is li- strued to expand, restrict, or otherwise mod- to expand, restrict, or otherwise modify any censed or otherwise authorized by the Tribal ify any right of an authorized State official right of an authorized Indian Tribal govern- government of such Indian Country to ac- to proceed in State court, or take other en- ment official to proceed in Tribal court, or count for and pay cigarette taxes imposed by forcement actions, on the basis of an alleged take other enforcement actions, on the basis the Tribal government’’; and violation of State or other law. ‘‘(5) Nothing in this chapter shall be con- of an alleged violation of Tribal law. (C) in subparagraph (D)— strued to expand, restrict, or otherwise mod- ‘‘(7) Nothing in this Act shall be construed (i) by inserting ‘‘or a Tribe’’ after ‘‘a ify any right of an authorized Indian Tribal to expand, restrict, or otherwise modify any State’’ the first place it appears; and government official to proceed in Tribal right of an authorized local government offi- (ii) by striking ‘‘or a State (or any polit- court, or take other enforcement actions, on cial to proceed in State court, or take other ical subdivision of a State)’’ and inserting ‘‘, the basis of an alleged violation of Tribal enforcement actions, on the basis of an al- a State (or any political subdivision of a law. leged violation of local or other law. State), or a Tribe (including any political ‘‘(6) Nothing in this chapter shall be con- ‘‘(d) Any person who holds a permit under subdivision of a Tribe)’’; strued to expand, restrict, or otherwise mod- section 5712 of the Internal Revenue Code of (2) in paragraph (3), by inserting before the ify any right of an authorized local govern- 1986 may bring an action in the United semicolon the following: ‘‘, or, for a carrier ment official to proceed in State court, or States district courts to prevent and restrain making a delivery entirely within Indian take other enforcement actions, on the basis violations of this Act by any person (or by Country, under equivalent operating author- of an alleged violation of local or other any person controlling such person) other ity from the Indian Tribal government of law.’’. than a State, local, or Tribal government. such Indian Country’’; and On page 35, line 5, strike ‘‘(f)’’ and insert ‘‘(e)(1) Any person who commences a civil (3) by adding at the end the following new ‘‘(h)’’. action under subsection (d) shall inform the paragraphs: On page 35, between lines 8 and 9, insert Attorney General of the United States of the ‘‘(8) the term ‘Indian Country’ has the the following: action. meaning given that term in section 1151 of (2) The section heading for section 2345 of ‘‘(2) It is the sense of Congress that any at- title 18, United States Code, except that such title is amended to read as follows: torney general of a State, or chief law en- within the State of Alaska that term applies ‘‘§ 2345. Effect on State, Tribal, and local law’’. forcement officer of a locality or Tribe, who only to the Metlakatla Indian Community, On page 35, strike lines 9 through the mat- commences a civil action under this section Annette Island Reserve; and ter preceding line 12 and insert the following: should inform the Attorney General of the ‘‘(9) the term ‘Indian Tribe’, ‘Tribe’, or (3) The table of sections at the beginning of United States of the action. ‘Tribal’ refers to an Indian tribe as defined in chapter 114 of that title is amended— ‘‘(f)(1) The Attorney General of the United the Indian Self-Determination and Edu- (A) by striking the item relating to section States shall make available to the public, by cation Assistance Act (25 U.S.C. 450b(e)) or as 2343 and inserting the following new item: posting such information on the Internet and listed pursuant to section 104 of the Feder- ‘‘2343. Recordkeeping, reporting, and inspec- by other means, information about all en- ally Recognized Indian Tribe List Act of 1994 tion.’’; forcement actions undertaken by the Attor- (Public Law 103–454; 25 U.S.C. 479a–1).’’. ney General or United States Attorneys, or and On page 31, line 1, strike ‘‘(c)’’ and insert (B) by striking the item relating to section reported to the Attorney General, under this ‘‘(d)’’. 2345 and insert the following new item: section, including information on the resolu- On page 32, line 20, insert before the period tion of such actions and, in particular, infor- the following: ‘‘, and to the chief law en- ‘‘2345. Effect on State, Tribal, and local mation on how the Attorney General and the forcement officer and tax administrator of law.’’. United States Attorney have responded to the Tribe for shipments, deliveries or dis- On page 35, line 12, strike ‘‘(3)’’ and insert referrals of evidence of violations pursuant tributions that originated or concluded on ‘‘(4)’’. to subsection (b)(2). the Indian Country of the Indian Tribe’’. On page 35, strike line 20 and all that fol- ‘‘(2) The Attorney General shall submit to On page 33, line 19, strike ‘‘(d)’’ and insert lows through page 37, line 19, and insert the Congress each year a report containing the ‘‘(e)’’. following: information described in paragraph (1).’’. On page 34, between lines 3 and 4, insert SEC. 5. COMPLIANCE WITH MODEL STATUTE OR On page 27, line 20, strike ‘‘The trans- the following: QUALIFYING STATUTE. mission’’ and insert ‘‘(1)’’ Except as provided (f) EFFECT ON STATE, LOCAL, AND TRIBAL (a) IN GENERAL.—A Tobacco Product Manu- in paragraph (2), the transmission’’. LAW.—Section 2345 of that title is amended— facturer or importer may not sell in, deliver

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16149 to, or place for delivery sale, or cause to be ‘‘(2) upon request to the importer, manu- (A) in subsection (a)— sold in, delivered to, or placed for delivery facturer, or authorized official of such im- (i) in paragraph (1), by inserting ‘‘or sec- sale in, a State that is a party to the Master porter or manufacturer.’’. tion 4 of the Comprehensive Smokeless To- Settlement Agreement any cigarette manu- (c) ENFORCEMENT PROVISIONS.—Section 803 bacco Health Education Act of 1986 (15 U.S.C. factured by a Tobacco Product Manufacturer of such Act (19 U.S.C. 1681b) is amended— 4403), respectively’’ after ‘‘section 7 of the that is not in full compliance with the terms (1) in subsection (b)— Federal Cigarette Labeling and Advertising of the Model Statute or Qualifying Statute (A) in the first sentence— Act (15 U.S.C. 1335a)’’; enacted by such State requiring funds to be (i) by inserting ‘‘any of’’ before ‘‘the (ii) in paragraph (2), by inserting ‘‘or sec- placed into a qualified escrow account under United States’’ the first and second places it tion 3 of the Comprehensive Smokeless To- specified conditions, or any regulations pro- appears; and bacco Health Education Act of 1986 (15 U.S.C. mulgated pursuant to such terms. (ii) by inserting before the period the fol- 4402), respectively,’’ after ‘‘section 4 of the (b) JURISDICTION TO PREVENT AND RESTRAIN lowing: ‘‘, to any State in which such to- Federal Cigarette Labeling and Advertising VIOLATIONS.—(1) The United States district bacco product, cigarette papers, or tube was Act (15 U.S.C. 1333)’’; and courts shall have jurisdiction to prevent and imported, or to the Indian Tribe of any In- (iii) in paragraph (3), by inserting ‘‘or sec- restrain violations of subsection (a) in ac- dian Country (as that term is defined in section 3(c) of the Comprehensive Smokeless cordance with this subsection. tion 1151 of title 18, United States Code) in Tobacco Health Education Act of 1986 (15 (2) A State, through its attorney general, which such tobacco product, cigarette pa- U.S.C. 4402(c)), respectively,’’ after ‘‘section may bring an action in the United States pers, or tube was imported’’; and 4(c) of the Federal Cigarette Labeling and district courts to prevent and restrain viola- (B) in the second sentence, by inserting ‘‘, Advertising Act (15 U.S.C. 1333(c))’’; tions of subsection (a) by any person (or by or to any State or Indian Tribe,’’ after ‘‘the (B) in subsection (b)— any person controlling such person). United States’’; and (i) in the paragraph caption of paragraph (3) In any action under paragraph (2), a (2) by adding at the end the following new (1), by inserting ‘‘OR SMOKELESS TOBACCO’’ State, through its attorney general, shall be subsection: after ‘‘CIGARETTES’’; and entitled to reasonable attorney fees from a ‘‘(c) ACTIONS BY STATES AND OTHERS.— (ii) in the paragraph caption of paragraphs person found to have willfully and knowingly ‘‘(1) IN GENERAL.—Any person who holds a (2) and (3), by inserting ‘‘OR SMOKELESS TO- violated subsection (a). permit under section 5712 of the Internal BACCO’’ after ‘‘CIGARETTES’’; and (4) The remedy available under paragraph Revenue Code of 1986 may bring an action in (2) is in addition to any other remedies avail- (C) in subsection (c)— the United States district courts to prevent (i) in the subsection caption, by inserting able under Federal, State, or other law. and restrain violations of this title by any (5) Nothing in this subsection shall be con- ‘‘OR SMOKELESS TOBACCO’’ after ‘‘CIGA- person (or by any person controlling such strued to prohibit an authorized State offi- RETTE’’; person), other than by a State, local, or Trib- cial from proceeding in State court or taking (ii) in paragraph (1), by inserting ‘‘or sec- al government. other enforcement actions on the basis of an tion 4 of the Comprehensive Smokeless To- ‘‘(2) RELIEF FOR STATE, LOCAL, AND TRIBAL alleged violation of State or other law. bacco Health Education Act of 1986 (15 U.S.C. (6) The Attorney General may administer GOVERNMENTS.—A State, through its attor- 4403), respectively’’ after ‘‘section 7 of the and enforce subsection (a). ney general, or a local government or Tribe Federal Cigarette Labeling and Advertising (c) DEFINITIONS.—In this section: Tribe, through its chief law enforcement of- Act (15 U.S.C. 1335a)’’; On page 38, between lines 6 and 7, insert ficer (or a designee thereof), may in a civil (iii) in paragraph (2)(A), ‘‘or section 3 of the following: action under this title to prevent and re- the Comprehensive Smokeless Tobacco (3) IMPORTER.—The term ‘‘importer’’ means strain violations of this title by any person Health Education Act of 1986 (15 U.S.C. 4402), each of the following: (or by any person controlling such person) or respectively,’’ after ‘‘section 4 of the Federal (A) Any person in the United States to to obtain any other appropriate relief for Cigarette Labeling and Advertising Act (15 whom non-tax-paid tobacco products manu- violations of this title by any person (or U.S.C. 1333)’’; and factured in a foreign country, Puerto Rico, from any person controlling such person), in- (iv) in paragraph (2)(B), by inserting ‘‘or the Virgin Islands, or a possession of the cluding civil penalties, money damages, and section 3(c) of the Comprehensive Smokeless United States are shipped or consigned. injunctive or other equitable relief. Tobacco Health Education Act of 1986 (15 (B) Any person who removes cigars or ciga- ‘‘(3) CONSTRUCTION GENERALLY.— U.S.C. 4402(c)), respectively’’ after ‘‘section rettes for sale or consumption in the United ‘‘(A) IN GENERAL.—Nothing in this sub- 4(c) of the Federal Cigarette Labeling and States from a customs bonded manufac- section shall be deemed to abrogate or con- Advertising Act (15 U.S.C. 1333(c))’’. turing warehouse. stitute a waiver of any sovereign immunity (3) Section 803(c) of such Act, as amended (C) Any person who smuggles or otherwise of a State or local government or Indian by subsection (b)(1) of this section, is further unlawfully brings tobacco products into the Tribe against any unconsented lawsuit under amended by inserting ‘‘, or any smokeless to- United States. this title or to otherwise restrict, expand, of bacco product,’’ after ‘‘or tube’’ the first On page 38, line 7, strike ‘‘(3)’’ and insert modify any sovereign immunity of a State place it appears. ‘‘(4)’’. local government or Indian Tribe. (4)(A) The heading of title VIII of such Act On page 38, line 11, strike ‘‘(4)’’ and insert ‘‘(B) CONSTRUCTION WITH OTHER RELIEF.— is amended by inserting ‘‘AND SMOKELESS ‘‘(5)’’. The remedies available under this subsection TOBACCO’’ after ‘‘CIGARETTES’’. On page 39, line 1, strike ‘‘(5)’’ and insert are in addition to any other remedies avail- (B) The heading of section 802 of such Act ‘‘(6)’’. able under Federal, State, local, Tribal, or is amended by inserting ‘‘AND SMOKELESS On page 41, strike line 18 and insert the fol- other law. TOBACCO’’ after ‘‘CIGARETTES’’. lowing: ‘‘(4) CONSTRUCTION WITH FORFEITURE PROVI- SEC. 9. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. SEC. 8. COMPLIANCE WITH TARIFF ACT OF 1930. SIONS.—Nothing in this subsection shall be (a) INAPPLICABILITY OF EXEMPTIONS FROM construed to require a State or Indian Tribe (a) IN GENERAL.—Nothing in this Act or REQUIREMENTS FOR ENTRY OF CERTAIN CIGA- to first bring an action pursuant to para- the amendments made by this Act is in- RETTES.—Subsection (b)(1) of section 802 of graph (1) when pursuing relief under sub- tended nor shall be construed to affect, amend, or modify— the Tariff Act of 1930 (19 U.S.C. 1681a) is section (b). amended by adding at the end the following ‘‘(d) CONSTRUCTION WITH OTHER AUTHORI- (1) any agreements, compacts, or other new sentence: ‘‘The preceding sentence shall TIES.— intergovernmental arrangements between not apply to any cigarettes sold in connec- ‘‘(1) STATE AUTHORITIES.—Nothing in this any State or local government and any gov- tion with a delivery sale (as that term is de- title shall be construed to expand, restrict, ernment of an Indian tribe (as that term is fined in section 1 of the Act of October 19, or otherwise modify the right of an author- defined in the Indian Self-Determination and 1949 (15 U.S.C. 375; commonly referred to as ized State official from proceeding in State Education Assistance Act (25 U.S.C. 450b(e)) the ‘Jenkins Act’)).’’. court, or taking other enforcement actions, relating to the collection of taxes on ciga- (b) STATE AND TRIBAL ACCESS TO CUSTOMS on the basis of alleged violation of State or rettes or smokeless tobacco sold in Indian CERTIFICATIONS.—Section 802 of that Act is other law. Country (as that term is defined section 1151 further amended by adding at the end the ‘‘(2) TRIBAL AUTHORITIES.—Nothing in this of title 18, United States Code); following new subsection: title shall be construed to expand, restrict, (2) any State laws that authorize or other- ‘‘(d) STATE AND TRIBAL ACCESS TO CUSTOMS or otherwise modify the right of an author- wise pertain to any such intergovernmental CERTIFICATIONS.—A State, through its attor- ized Indian Tribal government official from arrangements or create special rules or pro- ney general, and an Indian tribe (as that proceeding in Tribal court, or taking other cedures for the collection of State, local, or term is defined in the Indian Self-Determina- enforcement actions, on the basis of alleged tribal taxes on cigarettes or smokeless to- tion and Education Assistance Act (25 U.S.C. violation of Tribal law. bacco sold in Indian Country; 450b(e)) through its chief law enforcement of- (d) INCLUSION OF SMOKELESS TOBACCO.—(1) (3) any limitations under existing Federal ficer, shall be entitled to obtain copies of Sections 802 and 803(a) of such Act are fur- law, including Federal common law and trea- any certification required pursuant to sub- ther amended by inserting ‘‘or smokeless to- ties, on State, local, and tribal tax and regu- section (c) directly— bacco products’’ after ‘‘cigarettes’’ each latory authority with respect to the sale, ‘‘(1) upon request to the agency of the place it appears. use, or distribution of cigarettes and smoke- United States responsible for collecting such (2) Section 802 of such Act is further less tobacco by or to Indian Tribes or tribal certification; or amended— members or in Indian Country;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16150 CONGRESSIONAL RECORD — SENATE December 9, 2003 (4) any existing Federal law, including UNANIMOUS CONSENT are now facing. Under the current pen- Federal common law and treaties, regarding AGREEMENT—H.R. 3108 sion funding rules, companies that State jurisdiction, or lack thereof, over any Mr. FRIST. Mr. President, I ask offer defined benefit pension plans are Tribe, tribal members or tribal reservations; required to make additional contribu- and unanimous consent that at a time to be (5) any existing State or local government determined by the majority leader, in tions to those plans when they are less authority to bring enforcement actions consultation with the minority leader, than 90 percent funded. A pension against persons located in Indian Country. the Senate proceed to consideration of plan’s funding level is determined by (b) COORDINATION OF LAW ENFORCEMENT.— H.R. 3108, the House-passed pensions comparing the plan’s current assets to Nothing in this Act or the amendments made bill, and that it be considered under its promised benefits and then calcu- by this Act shall be construed to inhibit or the following limitations: That the lating whether the two will match up otherwise affect any coordinated law en- by the time the benefits promised are forcement effort by 1 or more States or other only amendments in order be relating jurisdictions, including Indian Tribes, to the following topics: pension dis- due. through interstate compact or otherwise, count rate, deficit reduction contribu- The recent drop in the stock market, that— tion relief, multi-employer plan relief. low interest rates, and generous pen- (1) provides for the administration of to- I further ask that the following amend- sion benefits agreed to in better times bacco product laws or laws pertaining to ments be the only first-degree amend- have caused many defined benefit pen- interstate sales or other sales of tobacco ments in order and that any second-de- products; sion plans to fall well beneath this 90 gree amendments be relevant to the percent threshold. As a result, many (2) provides for the seizure of tobacco prod- first-degree amendment to which they ucts or other property related to a violation companies are being required to make are offered: No. 1, Frist-Daschle man- of such laws; or substantial additional contributions at agers’ amendment; three amendments (3) establishes cooperative programs for the time they can least afford them. by the majority leader or his designee; the administration of such laws. The Finance Committee-reported bill, and three amendments by the minority (c) TREATMENT OF STATE AND LOCAL GOV- which I support, included 3 years of ERNMENTS.—Notwithstanding any other pro- leader or his designee. DRC relief. vision of this Act, the provisions of this Act The PRESIDING OFFICER. The mi- are not intended and shall not be construed nority leader. Despite our best efforts, it is clear to authorize, deputize, or commission States Mr. DASCHLE. Mr. President, reserv- that we will not be able to reach an or local governments as instrumentalities of ing the right to object—and I certainly agreement before the end of the year. the United States. will not—I just wish to indicate to the We have, however, entered into a unan- (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— Nothing in this Act or the amendments made majority leader how pleased I am that imous consent agreement that gives us by this Act is intended to prohibit, limit, or at long last we have been able to get to a plan for addressing this issue when restrict enforcement by the Attorney Gen- this point. This has been a very dif- we return early next year. It is my be- eral of the United States of the provisions ficult negotiation involving many lief that this issue can be wrapped up herein within Indian Country. Members. I think it is very important with one or two days of debate and that (e) AMBIGUITY.—Any ambiguity between that we ultimately accomplish the pas- a conference agreement should follow the language of this section or its applica- sage of this legislation. This obviously shortly thereafter. tion, and any other provision of this Act does not bring us to a point where we shall be resolved in favor of this section. Replacing the current 30-year Treas- will finalize the bill, but I think it sets SEC. 10. EFFECTIVE DATE. ury rate with a long-term corporate us up in a way that will allow the com- bond rate is a critically important f pletion of our work shortly after we reissue, not only to the companies them- turn. That is the message we need to selves but their employees as well. AUTHORITY FOR COMMITTEES TO send on a bipartisan basis, and I appre- Equally important, however, is the MEET ciate the majority leader’s leadership broader pension bill upon which Sen- in getting us to this point. I will work ator GRASSLEY and Senator BAUCUS COMMITTEE ON BANKING, HOUSING, AND URBAN with him as we coordinate the amend- AFFAIRS have worked so hard. Resolution of this ment time and debate, but I hope we more immediate issue is but a pre- Mr. WARNER. Mr. President, I ask can do this soon after we return. I ex- unanimous consent that the Com- cursor to consideration of the larger pect we will complete our work at pension reform bill. And even this is mittee on Banking, Housing, and some point shortly after that. I thank Urban Affairs be authorized to meet but a prelude to an effort to take a him, and I have no objection. broader look at our nation’s pension during the session of the Senate on De- The PRESIDING OFFICER. Without funding rules with an eye toward mak- cember 9, 2003, at 9:30 a.m., to conduct objection, it is so ordered. ing more systematic reforms. I look a hearing on the nominations of Ms. Mr. FRIST. Mr. President, in the forward to a spirited debate next year April H. Foley, of New York, to be first weeks leading up to the Thanksgiving as we take the first step in this broader Vice President of the Export-Import holiday, and in the time since then, we undertaking. Bank of the United States; and the have been trying to reach an agree- Honorable Joseph Max Cleland, of ment with respect to pension funding Georgia, to be a member of the board of rules. As many of my colleagues are f directors of the Export-Import Bank of aware, the temporary pension discount the United States. rate relief we enacted in 2001 expires at UNANIMOUS CONSENT AGREE- The PRESIDING OFFICER. Without the end of this year. There is virtually MENT—EXECUTIVE CALENDAR objection it is so ordered. unanimous agreement that we need to Mr. FRIST. Mr. President, as in exec- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT replace the outdated 30 year treasury utive session, I ask unanimous consent MANAGEMENT, THE FEDERAL WORKFORCE AND bill rate with a long-term corporate that during the upcoming adjournment THE DISTRICT OF COLUMBIA bond rate. However, absent some ac- of the Senate, all nominations remain Mr. WARNER. Mr. President, I ask tion by the House and the Senate, the status quo, with the following excep- unanimous consent that the Com- statutory rate that pension plans must tions which I send to the desk: Colonel mittee on Governmental Affairs Sub- use to calculate their assets and liabil- Quelly, PN 273–108; Colonel Rubino, PN committee on Oversight of Government ities will snap-back to the old 30-year 299–108; Brigadier General Meyer, PN Management, the Federal Workforce rate. This will result in companies with 750–108; Colonel Baldwin, PN 1035–108; and the District of Columbia, be au- pension plans having to assume that Claude Allen, PN 92 and PN 534; Jeane thorized to meet on Tuesday, December they will be making large contribu- Kirkpatrick, PN 788; Louise Oliver, PN 9, 2003, at 10 a.m. for a hearing entitled, tions to their plans in the year to 943; Peter Eide, PN 617 and PN 104; Neil ‘‘Fair or Foul: The Challenge of Negoti- come. ating, Monitoring, and Enforcing U.S. Equally important, in my view, has McPhie, PN 103; Calendar Nos. 219, 233, Trade Laws.’’ been an effort to provide relief from 234, 235, 236, 480, and 484. The PRESIDING OFFICER. Without the deficit reduction contribution, The PRESIDING OFFICER. Without objection, it is so ordered. DRC, requirements that certain plans objection, it is so ordered.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16151 EXECUTIVE SESSION DEPARTMENT OF JUSTICE INTER-AMERICAN DEVELOPMENT BANK David L. Huber, of Kentucky, to be United Hector E. Morales, of Texas, to be United States Attorney for the Western District of States Alternate Executive Director of the EXECUTIVE CALENDAR Kentucky for the term of four years. Inter-American Development Bank. Mr. FRIST. Mr. President, I ask ELECTION ASSISTANCE COMMISSION DEPARTMENT OF STATE unanimous consent that the Senate im- Paul S. DeGregorio, of Missouri, to be a Marguerita Dianne Ragsdale, of Virginia, a Career Member of the Senior Foreign Serv- mediately proceed to executive session Member of the Election Assistance Commis- sion for a term of two years. ice, Class of Counselor, to be Ambassador Ex- to consider the following nominations Gracia M. Hillman, of the District of Co- traordinary and Plenipotentiary of the on today’s Executive Calendar: Cal- lumbia, to be a Member of the Election As- United States of America to the Republic of endar Nos. 132, 199, 200, 316, 410, 417, 419, sistance Commission for a term of two years. Djibouti. 421, 434, 435, 451, 452, 453, 454, 456, 458, Raymundo Martinez III, of Texas, to be a Stuart W. Holliday, of Texas, to be Alter- 459, 460, 462, 463, 464, 465, 466, 467, 468, Member of the Election Assistance Commis- nate Representative of the United States of 469, 470, 471, 472, 475, 476, 477, 479, 483, sion for a term of four years. America for Special Political Affairs in the Deforest B. Soaries, Jr., of New Jersey, to 485, 486, 487, 489, 491, 492, 493, 494, 510, United Nations, with the rank of Ambas- be a Member of the Election Assistance Com- sador. 526, 527, 529, 532, and 474. mission for a term of four years. DEPARTMENT OF HEALTH AND HUMAN SERVICES NOMINATIONS DISCHARGED THE JUDICIARY Jennifer Young, of Ohio, to be an Assistant I further ask unanimous consent that D. Michael Fisher, of Pennsylvania, to be Secretary of Health and Human Services. the following nominations be dis- United States Circuit Judge for the Third Michael O’Grady, of Maryland, to be an As- charged from the Foreign Relations Circuit. sistant Secretary of Health and Human Serv- Committee and the Senate proceed to DEPARTMENT OF STATE ices. the nominations en bloc: David Edward B. O’Donnell, Jr., of Tennessee, a CHEMICAL SAFETY AND HAZARD INVESTIGATION Mulford, PN 1110; James Oberwetter, Career Member of the Senior Foreign Serv- BOARD PN 1113; further, that the following ice, Class of Counselor, for the rank of Am- Rixio Enrique Medina, of Oklahoma, to be nominations be discharged from the bassador during his tenure of service as Spe- a Member of the Chemical Safety and Hazard Investigation Board for a term of five years. Banking Committee and the Senate cial Envoy for Holocaust Issues. Jon R. Purnell, of Massachusetts, a Career DEPARTMENT OF JUSTICE proceed to their consideration: April Member of the Senior Foreign Service, Class James B. Comey, of New York, to be Dep- Foley, PN 1155; Joseph Max Cleland, of Counselor, to be Ambassador Extraor- uty Attorney General. PN 1154. dinary and Plenipotentiary of the United Federico Lawrence Rocha, of California, to I further ask unanimous consent that States of America to the Republic of Uzbek- be United States Marshal for the Northern the nominations be confirmed en bloc, istan. District of California for the term of four the motions to reconsider be laid upon Margaret DeBardeleben Tutwiler, of Ala- years. bama, to be Under Secretary of State for the table, the President be imme- DEPARTMENT OF TRANSPORTATION Public Diplomacy. diately notified of the Senate’s action, Louise V. Oliver, of the District of Colum- Jeffrey A. Rosen, of Virginia, to be General and the Senate then return to legisla- bia, for the rank of Ambassador during her Counsel of the Department of Transpor- tive session. tenure of service as the United States Per- tation. The PRESIDING OFFICER. Without manent Representative to the United Na- CORPORATION FOR PUBLIC BROADCASTING objection, it is so ordered. tions Educational, Scientific, and Cultural Elizabeth Courtney, of Louisiana, to be a The nominations considered and con- Organization. Member of the Board of Directors of the Cor- William J. Hudson, of Virginia, a Career poration for Public Broadcasting for a term firmed en bloc are as follows: Member of the Senior Foreign Service, Class expiring January 31, 2010. THE JUDICIARY of Minister-Counselor, to be Ambassador Ex- Elizabeth Courtney, of Louisiana, to be a Bruce E. Kasold, of Virginia, to be a Judge traordinary and Plenipotentiary of the Member of the Board of Directors of the Cor- of the United States Court of Appeals for United States of America to the Republic of poration for Public Broadcasting for the re- Veterans Claims for the term prescribed by Tunisia. mainder of the term expiring January 31, law. Margaret Scobey, of Tennessee, a Career 2004. Member of the Senior Foreign Service, Class Cheryl Feldman Halpern, of New Jersey, to AFRICAN DEVELOPMENT FOUNDATION of Minister-Counselor, to be Ambassador Ex- be a Member of the Board of Directors of the Ephraim Batambuze, of Illinois, to be a traordinary and Plenipotentiary of the Corporation for Public Broadcasting for a Member of the Board of Directors of the Afri- United States of America to the Syrian Arab term expiring January 31, 2008. can Development Foundation for a term ex- Republic. DEPARTMENT OF THE TREASURY piring February 9, 2008. Thomas Thomas Riley, of California, to be Arnold I. Havens, of Virginia, to be Gen- John W. Leslie, Jr., of Connecticut, to be a Ambassador Extraordinary and Pleni- eral Counsel for the Department of the Member of the Board of Directors of the Afri- potentiary of the United States of America Treasury. can Development Foundation for a term ex- to the Kingdom of Morocco. OFFICE OF SPECIAL COUNSEL piring September 22, 2007. Jackie Wolcott Sanders, for the rank of Scott J. Bloch, of Kansas, to be Special DEPARTMENT OF LABOR Ambassador during her tenure of service as United States Representative to the Con- Counsel, Office of Special Counsel, for the Howard Radzely, of Maryland, to be Solic- term of five years. itor for the Department of Labor. ference on Disarmament and the Special Representative of the President of the FEDERAL DEPOSIT INSURANCE CORPORATION THE JUDICIARY United States for Non-Proliferation of Nu- Thomas J. Curry, of Massachusetts, to be a George W. Miller, of Virginia, to be a clear Weapons. Member of the Board of Directors of the Fed- Judge of the United States Court of Federal Mary Kramer, of Iowa, to be Ambassador eral Deposit Insurance Corporation for a Claims for the term of fifteen years. Extraordinary and Plenipotentiary of the term of six years. DEPARTMENT OF THE INTERIOR United States of America to Barbados and to FEDERAL HOUSING FINANCE BOARD David Wayne Anderson, of Minnesota, to serve concurrently and without additional Alicia R. Castaneda, of the District of Co- be an Assistant Secretary of the Interior. compensation as Ambassador Extraordinary lumbia, to be a Director of the Federal Hous- and Plenipotentiary of the United States of DEPARTMENT OF TRANSPORTATION ing Finance Board for a term expiring Feb- America to St. Kitts and Nevis, Saint Lucia, ruary 27, 2004. Karan K. Bhatia, of Maryland, to be an As- Antigua and Barbuda, the Commonwealth of Alicia R. Castaneda, of the District of Co- sistant Secretary of Transportation. Dominica, Grenada, and Saint Vincent and lumbia, to be a Director of the Federal Hous- METROPOLITAN WASHINGTON AIRPORTS the Grenadines. ing Finance Board for a term expiring Feb- AUTHORITY Timothy John Dunn, of Illinois, a Career ruary 27, 2011. Member of the Senior Foreign Service, Class Charles Darwin Snelling, of Pennsylvania, THE JUDICIARY of Counselor, for the rank of Ambassador to be a Member of the Board of Directors of Lawrence B. Hagel, of Virginia, to be a the Metropolitan Washington Airports Au- during his tenure of service as Deputy Per- manent Representative to the Organization Judge of the United States Court of Appeals thority for the remainder of the term expir- for Veterans Claims for the term prescribed ing May 30, 2006. of American States. James Curtis Struble, of California, a Ca- by law. UNITED STATES SENTENCING COMMISSION reer Member of the Senior Foreign Service, CORPORATION FOR NATIONAL AND COMMUNITY William K. Sessions III, of Vermont, to be Class of Minister-Counselor, to be Ambas- SERVICE a Member of the United States Sentencing sador Extraordinary and Plenipotentiary of David Eisner, of Maryland, to be Chief Ex- Commission for a term expiring October 31, the United States of America to the Republic ecutive Officer of the Corporation for Na- 2009. of Peru. tional and Community Service.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16152 CONGRESSIONAL RECORD — SENATE December 9, 2003 Carol Kinsley, of Massachusetts, to be a I cannot recall seeing such a range of hearing on a judicial nominee with an Member of the Board of Directors of the Cor- support for a judicial nominee as At- outstanding jury verdict naming him poration for National and Community Serv- torney General Fisher enjoys. It is as personally liable for civil rights vio- ice for a term expiring October 6, 2006. lations. In February 2003, a Federal Read Van de Water, of North Carolina, to truly impressive and speaks well of be a Member of the National Medication him. jury in the U.S. District Court for the Board for a term expiring July 1, 2006. I will support Attorney General Fish- Middle District of Pennsylvania found NATIONAL MEDIATION BOARD er’s confirmation, and I urge my col- that Mr. Fisher and other high level of- Read Van de Water, of North Carolina, to leagues to do the same. ficials of the Pennsylvania Office of the be a Member of the National Medication Mr. LEAHY. Mr. President, I am Attorney General violated the civil Board for a term expiring July 1, 2006. troubled today that the Senate is pro- rights of two plaintiffs, former nar- DEPARTMENT OF LABOR ceeding to a vote on the nomination of cotics agents with the Bureau of Nar- Steven J. Law, of the District of Columbia, D. Michael Fisher to a lifetime ap- cotics Investigation, BNI, in Philadel- to be Deputy Secretary of Labor, vice Donald pointment to the U.S. Court of Appeals phia. Never before in the history of Cameron Findlay, resigned. for the Third Circuit, when there is an Federal judicial nominees of which I DEPARTMENT OF STATE open verdict against him in a Federal am aware, has a nominee ever come be- David C. Mulford, of Illinois, to be Ambas- civil rights case. While Mr. Fisher has fore this committee with an out- sador Extraordinary and Plenipotentiary of considerable bipartisan support, it is standing judgment against him for so the United States of America to India. unfortunate that the committee vote, serious a claim. James C. Oberwetter, of Texas, to be Am- and now the Senate vote, on his nomi- The jury verdict is so recent that the bassador Extraordinary and Plenipotentiary nation could not have at least waited trial transcript was only delivered to of the United States of America to the King- for the district court judge in the pend- the parties within the last several dom of Saudi Arabia. ing civil rights case to rule on Mr. weeks, and so complex that even Mr. EXPORT-IMPORT BANK Fisher’s motion challenging the jury Fisher and his lawyers asked for exten- Joseph Max Cleland, of Georgia, to be a sions of time in order to complete their Member of the Board of Directors of the Ex- verdict against him. port-Import Bank of the United States for a Over the course of this year in the post-trial motions. Just 6 weeks ago, term expiring January 20, 2007. Judiciary Committee, we have seen a Mr. Fisher and the other defendants April H. Foley, of New York, to be First number of firsts. At the first nomina- filed their brief in support of their mo- Vice President of the Export-Import Bank of tions hearing of the year, for the first tion for judgment as a matter of law or the United States for the remainder of the time ever, Republicans unilaterally a new trial. Soon, the Federal district term expiring January 20, 2005. scheduled three controversial circuit court trial judge will review the ver- Mr. HATCH. Mr. President, I stand court nominees at one hearing con- dict against Mr. Fisher and make a de- today in strong support of D. Michael trary to a long-established agreement cision on Mr. Fisher’s motion. If the Fisher, who has been nominated to and practices of the committee. Then jury verdict is sustained by the district serve for the U.S. Court of Appeals for we saw Republicans declare that the court judge, an appeal would lie to the the Third Circuit. Let me speak briefly longstanding committee rules pro- very court to which Mr. Fisher has about his background and the reasons I tecting the rights of the minority been nominated. Mr. Fisher has indi- endorse his confirmation. would be broken when Rule IV was vio- cated that he intends to pursue all ap- Attorney General Fisher has exten- lated. A rule that was adopted 25 years pellate options if the verdict is not re- sive legislative experience, having ago—in order to balance the need to versed. These, too, appear to be unique served for 22 years in the Pennsylvania protect the minority members of the circumstances. General Assembly. He has also prac- committee with the desire of the ma- Accordingly, this is a most unusual ticed in civil litigation for close to 20 jority to proceed—was unilaterally re- vote today. As the administration and years. Parenthetically, I would note interpreted to override the rights of Republican majority have abandoned my understanding that Attorney Gen- the minority for the first time in our traditional practices and standards, we eral Fisher’s first law office was across history. For the first time ever, this are being confronted with more and the hall from my law office in Pitts- year, Republicans insisted on pro- more difficulties. The few judicial burgh—the 9th floor of the Frick Build- ceeding on nominations that the com- nominations on which the Senate has ing—in 1970. Since 1997, Attorney Gen- mittee had previously voted upon and withheld a final vote this year have eral Fisher has served as Pennsylvania rejected after full and fair hearings and each presented extraordinary cir- Attorney General and he has been a debate. Of course that followed the cumstances or nominees with extreme great leader. He coauthored Pennsylva- first ever resubmission by a President positions. During the years in which nia’s Megan’s Law; he supported the of the names of defeated nominees for President Clinton was in the White passage of a State DNA postconviction appointment to those same judgeships. House, Republicans attempted a num- statute; and he helped negotiate the Several other practices were reversed ber of filibusters and, when they were landmark national tobacco settlement. from when a Democratic President was in the majority, successfully prevented Attorney General Fisher’s nomina- making nominations in light of the Re- votes on more than 60 judicial nomi- tion is widely supported. His endorsers publican affiliation of the current nees, including a number of nominees include Democratic Pennsylvania Gov- President. This committee has pro- to the Federal courts in Pennsylvania. ernor Edward Rendell, the bipartisan ceeded on nominations that did not At Mr. Fisher’s hearing, I indicated 19-member Pennsylvania delegation to have the approval of both home-State that I had not yet reached a determina- the U.S. House of Representatives, Senators. Moreover, this committee al- tion about his nomination but was Pennsylvania State legislators, the tered its prior practice and overrode troubled by the jury verdict. I have Pennsylvania District Attorneys Asso- the objections of home-State Senators now reviewed the trial transcript and ciation, and the Pennsylvania Trial to vote on the nominations of Carolyn materials from the civil rights case. Lawyers Association. He is also fully Kuhl in spite of the opposition of both Mr. Fisher has been found liable by a endorsed by serving attorneys general home-State Senators. Then, in connec- jury for violating the constitutional from across the country. The former tion with a nomination to the circuit rights of his employees. Mr. Fisher tes- attorney general of Tennessee, Charles court from Michigan, this committee tified at trial that he had knowledge of W. Burson, who also served as legal for the first time proceeded with a and approved of the actions found by counsel for former Vice President Gore, hearing in spite of the opposition of the jury to be retaliatory. The jury has written in support of Attorney both home-State Senators. found that he acted maliciously or General Fisher’s nomination: ‘‘While The hearing on the nomination of Mi- wantonly and awarded the plaintiffs [Attorney General Fisher] and I may chael Fisher to the U.S. Court of Ap- punitive damages. We should all be differ on particular issues, I am certain peals for the Third Circuit was also un- concerned about his ability to protect that as a Federal Appellate Judge, he precedented. Never before to my the constitutional rights of plaintiffs will deliberately, and with an even knowledge has a President nominated who may enter his courtroom. The hand, apply the law to the facts and to a lifetime position on a Federal cir- trial court judgment is a significant render sound judgments.’’ cuit court or this committee held a piece of information in order for us to

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16153 evaluate Mr. Fisher’s qualifications to John Bingler, Robert Freedberg, Ly- for the job. His impressive background a lifetime appointment on the federal nette Norton, Legrome Davis, David and past government service make me bench. In all due respect to my friends Fineman, David Cercone, Harry confident that he will be a great asset on the other side of the aisle, I do not Litman, Stephen Lieberman, and Rob- to the Department of Justice, the Judi- think that the courts or the American ert Cindrich to the Third Circuit. De- ciary Committee, and the American people gain by rushing the nomination spite how well-qualified these nomi- people. through. nees were, they were never considered The importance of the Deputy Attor- In addition to the pending civil by the Senate, many waited more than ney General within the Justice Depart- rights judgment against him, I am con- a year for action. ment cannot be overstated. Over the cerned about other aspects of Mr. Fish- Just last month, the Senate voted to years, the Deputy Attorney General’s er’s record. He authored Pennsylva- confirm another nominee from Penn- Office has played a greater role in over- nia’s death penalty legislation as a sylvania whose record raised serious seeing the Department’s operations, State representative and has opposed concerns the nomination of Thomas implementing new policy initiatives, placing a moratorium on the death Hardiman to the U.S. District Court and ensuring the effective enforcement penalty in Pennsylvania. He reiterated for the Western District of Pennsyl- of our criminal and civil laws. at his hearing and in response to my vania. That nominee came to us with A review of Mr. Comey’s record es- written questions that he does not be- no judicial experience, a relatively tablishes one simple fact—he is well lieve that there is racial discrimina- small amount of litigation experience qualified to serve as the Deputy Attor- tion in the application of the death and very low peer-review ratings by ney General. Since January 2002, Mr. penalty in Pennsylvania or that inno- both the American Bar Association and Comey has served as the U.S. attorney cent people are being sentenced in cap- the local Allegheny County Bar Asso- in the Southern District of New York, ital cases, despite repeated evidence to ciation. Far too many of this Presi- an office that many consider to be the the contrary. I would like to take this dent’s judicial nominees seem to have premier U.S. Attorney’s Office in the opportunity to urge Mr. Fisher to take similarly troubling records. In fact, 26 country. In the Southern District of seriously the imposition of the death of this President’s judicial nominees New York, Mr. Comey has earned the penalty and to do what he can to en- have earned partial or majority ‘‘Not respect of judges, defense counsel, and sure that the death penalty is applied Qualified’’ ratings from the ABA. Cer- prosecutors for his professionalism, fairly. tainly, the citizens of Pennsylvania de- fairness and judgment. While serving Mr. Fisher has also indicated his op- serve a well-qualified judiciary to hear as the U.S. attorney, Mr. Comey was position to gay rights and has advo- their important legal claims in federal responsible for leading his office in cated against benefits for same-sex court. some of the more significant terrorism partners. Mr. Fisher, however, has as- Unfortunately, Mr. Fisher’s record— and white collar prosecutions. sured the committee that he would fol- particularly the outstanding Federal Prior to assuming the position as the U.S. attorney, Mr. Comey served from low Supreme Court precedent recog- civil rights verdict against him—raises 1996 to 2001, as managing assistant U.S. nizing that gays and lesbians have a concerns, just as the record of far too attorney, in charge of the Richmond constitutional right to be free from many of President Bush’s judicial Division of the U.S. Attorney’s Office government intrusion into their pri- nominees. Yet, I have great respect for for the Eastern District of Virginia. vate lives. I am hopeful that Mr. Fisher the senior Senator from Pennsylvania From 1993 to 1996, Mr. Comey was an will be a person of his word: that he and appreciate his efforts to help shep- associate and later a partner at the law will follow the law and not seek out op- herd the White House’s nomination firm of McGuire Woods in Richmond, portunities to overturn precedent or through the Senate. I have also heard VA. Early in his career, from 1987 to decide cases in accord with his private from a number of other supporters of 1993, Mr. Comey served as an assistant beliefs rather than his obligations as a Mr. Fisher whose opinions I value that U.S. attorney in the Southern District judge. I also sincerely hope that Mr. they believe him qualified to serve as a of New York. Fisher will treat all those who appear judge of the Third Circuit. He does As a Federal prosecutor, Mr. Comey before him with respect, and will not have significant experience as an attor- investigated and prosecuted a wide va- abuse the power and trust of his posi- ney, formerly serving as an Assistant riety of cases, including firearms, nar- tion. District Attorney, as an attorney in cotics, major frauds, violent crime, The Senate has already confirmed private practice for over 27 years, and public corruption, terrorism, and orga- two of President Bush’s nominees to in the Pennsylvania General Assembly nized crime. In the Eastern District of the Third Circuit, including one con- for 22 years. We are, again, treating Virginia, he handled the Khobar Tow- troversial circuit court nominee from this President’s judicial nominees far ers terrorist bombing case, arising out Pennsylvania who had broken his more fairly than Republicans treated of the June 1996 attack of a U.S. mili- promise to the committee about his President Clinton’s judicial nominees. tary facility in Saudi Arabia in which membership in a discriminatory club. f 19 airmen were killed. Yet, with Democratic support, the Sen- NOMINATION OF JAMES B. COMEY Mr. Comey was educated at William ate has already confirmed 13 Federal & Mary, B.S. with honors 1982, chem- district court nominees from Pennsyl- Mr. HATCH. Mr. President, I am istry and religion majors, and the Uni- vania and 19 district court nominees in pleased that the Senate today con- versity of Chicago Law School, J.D. the Third Circuit. firmed James B. Comey as the Deputy 1985. After law school, he clerked for A look at the Federal judiciary in Attorney General. James Comey brings then-U.S. District Judge John Walker Pennsylvania indicates that President a wealth of experience and perspective in Manhattan. Bush’s nominees have been treated as a line prosecutor, as a manager in Let me take one moment to high- fairly and far better than President the U.S. Attorney’s Office for the East- light perhaps Mr. Comey’s most impor- Clinton’s. This treatment is in sharp ern District of Virginia, and most re- tant accomplishment. While serving contrast to the way vacancies in Penn- cently as the U.S. attorney for the his country in a variety of prosecu- sylvania were kept vacant during Re- Southern District of New York. His torial positions, he has demonstrated publican control of the Senate when record demonstrates that he is a lead- that he is a dedicated family man. He President Clinton was in the White er, one who can inspire others to ac- and his lovely wife, Patrice, are raising House. complish great things, and one who can five wonderful children, ranging in age Despite the best efforts and diligence oversee and manage an organization from 15 to as young as 3 years old. of the senior Senator from Pennsyl- such as the Justice Department. Mr. Comey is a dedicated public serv- vania, Senator SPECTER, to secure the With the recent departure of Larry ant, and a talented and well-respected confirmation of all of the judicial Thompson, who was a fine Deputy At- prosecutor. He is uniquely qualified to nominees from every part of his home torney General, I am sure everyone lead as the Deputy Attorney General of state, there were 10 nominees by Presi- shares my view that Mr. Comey has the Justice Department. dent Clinton to Pennsylvania vacancies very big shoes to fill. However, I am Mr. DASCHLE. Mr. President, I am who never got a vote: Patrick Toole, confident that he is the right person very pleased that we have been able to

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16154 CONGRESSIONAL RECORD — SENATE December 9, 2003 make what I consider real progress on Medicare will offer prescription drug vility and trust—again, with healthy the Executive Calendar. There is still coverage, which is the most powerful debate but civility and trust. work to be done, but I think this rep- tool in American medicine today. That By building strong and reliable and resents a very important compromise will be offered to America’s 40 million dependable relationships, each of us is in the effort to try to find the bipar- seniors and individuals with disabil- going to be able to go home and visit tisan balance in these nominations ities through the Medicare Program. It with our constituents and with the that is key to success, regardless of the is a monumental achievement that I families, the people who elected us, and session or regardless of the Congress can stand before this body today and be proud of the accomplishments we itself. say we have accomplished with the have achieved over the last 11 months. There are still many Democrats signing of that Medicare bill yesterday. The year started out with us having whose nominations are languishing ei- America’s seniors will also have, for to pass 12 of the 13 spending bills left ther in the White House or in com- the first time, the option under Medi- undone by the previous Congress. We mittee. It is troubling that we have care of choosing a health care plan, or passed 11 of those bills in just the first had the difficulty, in many cases, that the type of coverage that can best suit 3 weeks. We also passed a budget to es- has precluded greater progress on those their individual needs. Everybody’s in- tablish a blueprint of creating jobs, of and other nominations over the course dividual needs are very different. We investing in homeland security, of in- of the last several months. I hope, as have moved Medicare in the direction vesting in education, of providing a we begin the second session of the Con- that allows this sort of flexibility, the Medicare prescription drug benefit and gress, we can expedite many of these individual attention, the responsive- coverage, offering health insurance as nominees. I certainly will redouble our ness to individual needs. The seniors well for America’s children. efforts to work with the White House and the individuals on disability will With that unfinished business of the and to accommodate whatever con- now have that choice. These are re- last Congress complete, we turned our cerns they may have with regard to forms. This is a modernization, a attention to the President’s jobs and some nominations, and certainly with strengthening and improving of Medi- growth agenda. Indeed, working with the President and under the Presi- regard to their own list of nominees care, but they are indeed reforms. dent’s leadership and his vision, we who ought to be considered in an expe- That is why I say this is a monu- passed $350 billion in tax relief this ditious way. So we will continue to mental piece of legislation. It is the year which is the third largest tax re- work. most significant reform since the be- I hope the White House in particular ginning of that program in 1965. Al- lief package. The third largest tax cut in the history of this country this Con- recognizes the importance of reci- though there was a lot of what I guess gress passed. Everybody—all of my col- procity and the fact that the nomina- you could call partisanship expressed leagues, people listening now, people tions must be a two-way street. Demo- in the development of the bill, it was who will read the CONGRESSIONAL cratic and Republican nominations de- healthy debate on both sides; and ulti- RECORD in the next several days—ev- serve expeditious consideration, and it mately the bill was generated by the erybody who is paying taxes pays less would be a real opportunity to set that hard work and dedication of both sides taxes today than they did 11 months tone and to send that message as we of the aisle. I thank my fellow Senators, my col- ago. consider the Executive Calendar again It was across the board. Yes, it was leagues, for their leadership and praise early next year. capital gains; it was affecting the mar- them for stepping forward and address- I yield the floor. ginal rates as well across the board. Mr. FRIST. Mr. President, I wish to ing an issue that so directly impacts Mr. President, 136 million hard-work- comment very briefly on the nomina- the 40 million seniors and the almost 80 ing taxpaying Americans had their million baby boomers who will be com- tions. We have made real progress as taxes cut. It did focus on families as we were able to clear the degree of ing through over the next 30 years. well. We increased the child tax credit It is that responsiveness, with action nominations that we did. There are from $600 per child to $1,000 per child. and with solutions, that indeed makes several district judges I would like to We accomplished that this year. have cleared, but the understanding is me proud as a Senator, and especially A lot of people don’t realize those re- that when we come back we will be as majority leader of the Senate. It is bate checks were sent out immediately able to address those very early on. an honor to be able to go back to the and, as a result, this summer 25 million That is the understanding we reached American people and say we delivered. families received checks from the U.S. this afternoon. These judges are very It is not perfect. Everybody knows it is Treasury of up to $400 per child, going important for us to address. We will be not perfect. But we delivered on what from $600 to $1,000, and an additional addressing those as soon as we come affects your lives in terms of your check of $400. In total, we returned 13.7 back. needs and in a way that is reflective of billion tax dollars to families all across f the tremendous talent in this body. the country. That was just the start. Back in January, we set an ambi- Under that Jobs and Growth Act of ACCOMPLISHMENTS IN THE FIRST tious agenda. We said we needed to get SESSION OF THE 108TH CONGRESS 2003, a family of 4 making $40,000 will the economy back on track; we needed see their taxes reduced by $1,130 this Mr. FRIST. Mr. President, I want to to lend the critical support of this body year. Of the overall $350 billion in tax talk a little bit about the 108th Con- to the war on terror; we needed to pro- cuts in fiscal relief, the bulk of it was gress because we are about to draw to mote public health here as well as moved forward, and nearly $200 billion, a close once we complete some of the abroad. Most colleagues have heard me fully 60 percent, is provided this year final paperwork. I think it is a good say that our mission under the current and next. time for me to review just a bit of what leadership is to move America forward There have been critics of the tax we have been able to accomplish and and in a way that serves the cause of cut. Some say $1,300 is not a lot of what has been really a truly excep- freedom and the cause of liberty. You money you are returning; $1,300 is just tional legislative session. People have can write it on a little card and carry not a lot; that is not going to make a worked very hard; they have stayed it in your pocket. It is simple and easy big difference in somebody’s life; and it very focused, and I believe anyone to understand. That is what we collec- wouldn’t make a big difference if the looking back will have to say that over tively in this body set out to do—to ex- bureaucrats took it away again. Tell the last 11 months we really have been pand freedom, to expand opportunity, that to the families working hard able to serve the American people well to strengthen Americans’ security. every day to raise children in this day and, in many ways, capped by the his- Eleven months later, in looking and time, those families who are work- toric enactment of the Medicare pre- back, we have done just that. We have ing hard to pay those household ex- scription drug bill just yesterday. made great strides on those goals, but penses. They are working hard just to For the first time in the 40-year his- it is sort of a halfway point. We set have a little bit of money to take their tory of the Medicare Program, with goals and we are moving toward them family on vacation. which I am very familiar because of my aggressively. We did so by respecting I can almost guarantee that the U.S. profession before coming to the Senate, the longstanding Senate values of ci- Treasury didn’t get a flurry of checks

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16155 in the mail from families who said: No, low interest rates, and an improving portunity applies not just to our econ- I don’t need that check you just sent economy.’’ omy but to national security as well. me; no, America’s families can use it. This is great news for America’s fam- We know that freedom cannot find its And they did use it. ilies and, incidentally, for America’s fullest expression under a threat of ter- Small business owners, as well, got a businesses. When a family buys a ror. Likewise, terror cannot spread major boost from the tax package. Mr. home, their purchase not only benefits where freedom reigns. This is why this President, 23 million small business a community, it sets off a whole chain year America took the extraordinary owners who pay taxes at the individual of purchases that help fuel the econ- action of toppling Saddam Hussein and rates saw their taxes lowered. We quad- omy. They have to buy that living his terrorist-sponsoring regime. rupled the expense deduction for small room furniture. They have to buy those In 3 short weeks, men and women of business investment. It had a huge im- kitchen appliances. They have to buy the United States military, with the pact. We receive e-mails and letters new beds and new curtains. They buy support of 49 nations, swept into Bagh- every week about the impact this sin- that washer and dryer. All of this is re- dad, ending three decades of ruthless gle issue, this expense deduction has flected in these new housing starts. rule and terror. In the months since, for small business investment. Many related industries benefit from our soldiers have worked tirelessly. I think we all know small business one family’s momentous and gratifying Our thoughts and prayers are with owners are the engine of growth; they decision to do what all of us envision them as we enter this new holiday sea- are the heart of the American market- as the American dream, and that is to son. They have worked and continue to place. Workers and consumers depend buy a home. work under dangerous conditions. on that small business sector to gen- Not only is individual consumption They are working with that focus of erate jobs, products, and services. up, but the business sector is showing helping the Iraqi people build a democ- Small business innovators create as impressive signs of recovery. Nonresi- racy. Our soldiers have rebuilt schools. much as 60 percent to as high as 80 per- dential recovery is up 10 percent, busi- They have rebuilt hospitals. They have cent of new jobs nationwide, and they ness investment went up 11.1 percent in rebuilt electrical grids, pipelines, and generate more than 50 percent of the the third quarter, and productivity roads. They are training the Iraqi po- gross domestic product of this country. soared by 8.1 percent, its highest level lice forces to patrol the streets and to By cutting taxes and by encouraging in 20 years. hunt down terrorists. Every day our investment, we are helping unleash a Businesses are rebuilding their inven- troops are helping the people of Iraq tremendous economic power in this tories, and they are retooling their fac- and Afghanistan move forward, becom- country: the economic power of indi- tories. And all of this economic activ- ing free and open societies. To support viduals working together in their small ity ultimately leads to jobs. Indeed, their efforts, this body acted. We businesses. the labor market appears to be stabi- passed the President’s $87 billion war Taken together, this year’s tax cut lizing, and the economy is finally pro- supplemental this year. We did so be- and the tax cuts of 2001 are providing viding Americans with those much cause we recognized that investing in an astonishing $1.7 trillion in tax relief needed jobs. the future of Iraq and Afghanistan is over the next decade. We are beginning Over the past 3 months, 286,000 new an investment in our security. to see the results. We have already jobs came on line. In October alone, September 11 taught us a really cruel seen those results. We are right now in 126,000 jobs were added. Meanwhile, lesson. We learned that we cannot wait the midst of a strong economic recov- since the initial tax cut, initial claims in this country while storms gather. As ery. Again, compared to 11 years ago, for unemployment insurance have gone the President said, the Middle East re- the jobs and growth package, the down more than 10 percent, and if we gion will either become a place of unleashing of the potential of small look just at the week ending November progress and peace or it will remain a business and midsize and large busi- 1, unemployment claims hit a 34-month source of violence and terror. I repeat ness, of unleashing that individual low. that quotation: The Middle East region hard work and spirit, we have an eco- Finally, there is good news for indi- will either become a place of progress nomic recovery. vidual State treasuries. Their budget and peace or it will remain a source of Consumers today have more money gap of nearly $20 billion at the begin- violence and terror. in their pockets. Consumers’ sentiment ning of the last fiscal year has now de- This year, we in the Senate took bold rose in November to the highest level clined to a budget gap of less than $3 action to support the war on terror be- since May 2002, and businesses, as well, billion—$20 billion down to $3 billion cause we are determined that progress are optimistic about the direction of for the beginning of this fiscal year. and peace take root. The Middle East is the country, and with good cause. States are just beginning to see rev- not the only region where we are work- Economic growth—again, I am com- enue surprises in their estimates. ing to bring stability. In this session, paring it to 11 months ago—economic Whether it is consumers or whether in this body, we passed the Burmese growth in the third quarter soared— it is businesses, all are optimistic Freedom Act and the Clean Diamond and that is the best word, ‘‘soared’’—at about America’s economic direction. Act to promote peace and freedom. We an incredible rate of 8.2 percent. That Inflation is low, interest rates are low, also took the historic action of dedi- is the largest third quarter increase and American taxpayers have more of cating $15 billion to drive back, to since 1984, in just about 20 years. their hard-earned money to spend and fight, and to eventually eradicate the There is more money in one’s pock- to save as they choose. And they have HIV/AIDS virus. That little virus that I ets; disposable income is up 7.2 percent more and more opportunities to secure have talked a lot about on this floor for the third quarter, and consumer the jobs they need. did not exist, as far as we knew, until spending is up a whopping 6.6 percent, This body will continue to champion the early 1980s, which is not that long the biggest third quarter growth since fiscal policies that strengthen the ago. Since that period in time, that lit- 1988. This November, sales of pre- economy and create jobs. We will also tle virus has killed a million people, viously owned homes hit their third continue to pursue fair and free trade killed 5 million people, killed 10 mil- highest level on record. The National policies that increase consumer buying lion people, killed 15 million people, Association of Realtors reports that power, that stoke that economic fur- killed 23 million people over the last 20 previously owned home sales rose 3.6 nace. I can list all sorts of examples, years. percent to a record annual rate of near- such as the free trade agreements we As a physician, as one who partici- ly 7 million units in September. Mean- passed this year with Chile and Singa- pates in medical mission trips to Afri- while, housing starts are nearing a 17- pore. These and other policies, indeed, ca—indeed, around the world, but pre- year high. I should repeat that. Hous- are maximizing freedom, are expanding dominantly to Africa—on a regular ing starts are nearing a 17-year high. the opportunity for every American— basis, I am especially gratified by this The association credits the phe- indeed, are moving America forward in body demonstrating its compassion on nomenal growth in home sales to ‘‘the a way that serves the cause of liberty. this issue. Millions of lives have been powerful fundamentals that are driving That leads me to national security. cut short by this scourge, and we re- housing markets: household growth, Our mission to expand freedom and op- sponded. It is a new problem around

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16156 CONGRESSIONAL RECORD — SENATE December 9, 2003 the world and it is a problem that we, This Senate can be proud of many costs, all because of rising energy following the leadership of the Presi- strides taken in the 108th Congress to prices. dent of the United States, are address- protect those most vulnerable among So we have to pass an energy plan, ing with the full might and power and us. Again, I add that partial-birth abor- and we will pass an energy plan when boldness of this body. tion really demonstrates that. In addi- we return. Not only will the energy Countries have lost whole tion, there was other legislation, such plan lower prices, it will save jobs and midsections and swaths of their popu- as Amber Alert. In January, we passed it will create thousands more. It is es- lation. In my trip to parts of Africa, we legislation to establish the National timated the energy package will create took a Senate delegation into August Amber Alert. Law enforcement now— half a million jobs. The Alaskan pipe- and September of this year and we saw and they did not have it at the begin- line alone will create at least 400,000. this whole midsection of a population ning of this year—has another tool to The hundreds of millions of dollars where, yes, there are young people run- work with the public. Governments and that will be invested in research and ning around but they have lost their law enforcement can now work to- development of new technologies will parents and there are older people who gether to be able to find missing chil- not only benefit the environment but are typically grandparents but the dren. will create new jobs in engineering, whole midsection of a population has Another example: In June of this math, chemistry, physics, and science. literally been wiped out. I have said it year, we passed legislation to protect We simply cannot allow the obstruc- many times, and I will continue to say the victims of child abuse. We also tion of a few in the Senate to continue it because we need to make Americans voted to extend welfare reform to help to harm the interests of millions of aware, that to my mind HIV/AIDS is lift families out of poverty. There was Americans. the greatest moral, humanitarian, and Medicare reform, jobs and growth tax I do use that word ‘‘obstruction,’’ and public health challenge of the last 100 cuts, the Iraqi war supplemental, the indeed I use it purposely because we years. global HIV/AIDS bill. saw it used to an alarming degree in The good news is that this body has In January, we set our sights high, this Congress, no more so than, as we responded. By passing the global HIV/ and I would argue that we exceeded ex- demonstrated on this floor to the AIDS bill, we are helping to prevent 7 pectation. We are moving America for- American people, now several weeks million new infections, provide ward, and we will continue to do so in ago, in the consideration of the Presi- antiretroviral drugs for 2 million HIV- the coming months because there is a dent’s judicial nominees. Here obstruc- infected people, care for 10 million lot more to do. tion has become a tool to undermine HIV-infected people and AIDS orphans, I go through this sort of partial dis- the democratic process itself. It, too, is and bring hope to millions of people cussion of what we have accomplished a new problem. around the world. Our leadership serves in terms of jobs and growth, health For the last 200 years we have never as an example for every government in care, the value of life issues, and global seen the filibuster used to stop and to the world today. HIV/AIDS in part to reflect. It is im- obstruct and to deny Senators an up- It is not just in Africa. Actually, the portant for our colleagues because we or-down vote on Presidential nominees. fastest growing rates are not in Africa. have been working pretty hard, we A minority of Senators in this body We see it in elements of the Caribbean have been going pretty much nonstop, today, this year, unlike in previous and we see it in Russia. Just a few min- especially over the last couple of Congresses, is denying all 100 of us utes ago, I had the opportunity to meet months, and I do want to encourage their constitutional duty—it is spelled with the Premier of China, and we were our colleagues to look back and say out in the Constitution—to give advice talking about HIV/AIDS. It is really that, yes, we are making progress, but and consent. unprecedented. I cannot help but think there is much to be done. We took that opportunity, now, sev- that the President of the United I do want to really just project out a eral weeks ago, to make it plain to the States, with the leadership in this body little bit about where I think we will American people. Yes, we worked and the House of Representatives, has be going in the next Congress as we around the clock. We had the 40-hour contributed to that global under- come back in January. debate. We held it in October on three standing, that global leadership, which We will build on the success of this of the President’s judicial nominees, will allow us eventually to reverse the year’s appropriations process and we and after 40 hours of debate to fully tide of destruction of this virus. will tackle all 13 appropriations bills so consider the eminently qualified can- Our work in passing this critical leg- that Government can perform its basic didates for the bench, the minority re- islation does demonstrate that the function to serve the people. Beyond fused to allow us that very simple re- United States of America places a high appropriations, we still must pass a quest—not approval of them all but value on life. We have responded. We comprehensive energy plan. We have simply an up-or-down vote. have a lot more to do in this regard, been debating national energy and na- Yes, this is obstruction. It really but we have responded with that bold- tional energy policy for 3 years. During can’t be described as anything but ob- ness. History will judge how we re- the last Congress, we spent a total of 7 struction, and I would argue plain par- sponded, and in this Congress we have weeks debating energy on the Senate tisan obstruction. It is something we responded in that bold fashion. We floor. In this Congress we spent more will continue to fight and we will not have taken the necessary actions. time debating energy than any other give up until we can break that par- We have also addressed other sorts of bill. More time than any other bill we tisan obstruction which is new to this life-related issues in this Congress. We debated energy on this floor. Yet de- wonderful institution, and it is some- have made the right choice to end that spite all this time devoted to debate, thing we must take back to what has morally reprehensible practice of par- there still remains a small contingent, been both the tradition and the culture tial-birth abortion. This body and the a minority in this body I should add, of the last 200 years. House and various administrations that continues to obstruct progress. When we return in January we will have talked about outlawing this ob- While this small group insists on yet continue to press for the fair consider- jectionable—I would say abominable— more debate, national gas prices keep ation of the President’s judicial nomi- procedure, but we delivered. This body rising to even higher levels. nees. Again, the fair consideration—ad- delivered and no longer, as I stand U.S. chemical companies are closing vice and consent, a simple vote. People here, is that practice of partial-birth plants. They are laying off workers. can vote against or they can vote for, abortion legal. Eleven months ago, it They are looking to expand production but just allow us to vote. As we pointed was legal; it was performed and unnec- abroad because of high energy prices. out several weeks ago, the democratic essary lives were taken. Today, it is The United States is expected to im- process itself, as enshrined in the against the law. We did it, I should say, port approximately $9 billion more in United States Constitution, is at stake. with an overwhelming majority in this chemicals than it exports this year. We will also continue, as we look for- body. We voted to end this immoral American consumers are getting hit ward, to press for policies that expand and medically unnecessary procedure with higher electric bills and small and strengthen our economy. This ses- and say yes to life. businesses are struggling to contain sion we did pass, as I outlined, smart,

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16157 progrowth fiscal policy, and we are al- We will also address that important Mr. FRIST. Mr. President, I ask ready beginning to see those results. issue, and an issue, again, I talk a lot unanimous consent that the order for But there is still a lot more to do. We about, and that is the problem of the the quorum call be rescinded. have to address, and we will address in uninsured. The increasing number— The PRESIDING OFFICER. Without the next year, the frivolous lawsuits again, you will see this body is begin- objection, it is so ordered. that we all know are clogging our ning to address those areas, those prob- f State courts. They are unnecessarily lems where the problem is getting INTELLECTUAL PROPERTY RIGHTS wasting our taxpayer dollars, and that worse over time, and the uninsured is gets reflected in inhibiting, almost just that area. It is an increasing num- Mr. FRIST. Mr. President, I had the straitjacketing businesses, especially ber of uninsured, people without health opportunity to take my wife Karyn to small businesses. It straightjackets insurance. Clearly, this problem rep- the Kennedy Center Honors, which is that entrepreneurial spirit that we resents one of the most daunting policy an annual tradition here. It is really a know bubbles underneath here in the challenges facing our Nation. remarkable evening—a 2-day event— United States of America. It is that en- As a physician, I saw firsthand how where America celebrates cultural trepreneurial spirit; it is that innova- the lack of insurance, the lack of cov- icons. Most of them have been recog- tion and creativity that creates jobs. erage, puts forth the significant bar- nized before. But in that special gath- Yet we have a tort system, mainly re- riers to quality health care, including ering and in that beautiful building, flected in these frivolous lawsuits, such things as basic as preventive serv- the Kennedy Center, it takes on a real- which keeps it contained, keeps it ices. The lack of affordable health cov- ly special meaning I think for us in trapped. erage is also one of the key factors con- this body, in the U.S. Congress, for In my own area of medicine, for the tributing to health care disparities those of us here in Washington, but in- first time in a long period of time this among minorities among other medi- deed for people around the world as past summer we addressed the medical they see it replayed just after, I think, cally underserved populations. I asked liability issues with a freestanding bill. December 26. my colleague the Senator from New It is going to come back and it is going While I was there, I couldn’t help but to keep coming back until we solve Hampshire, Mr. JUDD GREGG, to lead to reflect as I watched one of country this unnecessary problem which affects the Senate Republican task force on music’s greats, Loretta Lynn, receive access to care, to quality care, as we this pressing issue, the uninsured. He her honor. An issue that affects the see trauma centers closing, as we see will report back with a series of rec- State of Tennessee but indeed which af- obstetricians no longer delivering ba- ommendations for modification, for fects people throughout the United bies. Again, it is a problem that can be strengthening, for reform next year. States of America deals with intellec- reversed, and in this body we have a re- Next year we will also continue our tual property rights. sponsibility to reverse it. And we will. efforts to improve America’s public The State of Tennessee is known the America is a country that values its educational system. We are committed world over for its vibrant musical her- citizens and we will return fairness to to improving Head Start to make sure itage. It is the home of the Grand Ole the litigation process. that Head Start children enter school Opry and the Country Music Hall of We will also work to return fairness with the same tools and the same skills Fame. Indeed, Tennessee has produced to the tax system. We will press for re- as their economically advantaged some of the greatest popular pioneers forms to simplify the Tax Code. We peers. We are also committed to ex- of all time. Indeed, Tennessee has pro- will work to extend the tax credits panding access to college education for duced Elvis Presley, Johnny Cash, Lo- passed in the Jobs and Growth Act. The every American student who seeks it, retta Lynn, Dolly Parton, and the list work opportunity tax credit, for exam- and for special education students we goes on. Those who grew up in Nash- ple, offers tax incentives to hire unem- will work to pass comprehensive legis- ville had that opportunity to go by on ployed workers and welfare recipients. lation that protects their educational a regular basis and experience the Not only is this smart, progrowth fis- rights as well. music at the wonderful Ryman Audito- cal policy, it also is compassionate so- Education, as we all know, is the rium, where the Grand Ole Opry was cial action. heart and soul of America’s success. housed for so many years. Fairness and compassion also de- Our abundance, civic life, and democ- In the next few weeks, we will have mand that we permanently repeal the racy demand and depend directly on a the pleasure of hearing renditions of Federal death tax, the estate tax. thriving and educated citizenry. many of these artists with their Christ- Americans who work hard their whole Education, the uninsured, tax policy, mas carols played over the airwaves all lives, who save and who invest, who welfare reform, litigation reform, judi- across this country and even all across start those small businesses which be- cial nominees, energy, and appropria- this globe, in shopping malls just about come that engine of economic growth, tions are just some of the challenging everywhere the holidays are cele- those individuals who contribute to issues we will be addressing next year. brated. America’s economic vibrancy, simply I am confident that next year, just as The music community that creates should not be punished for their suc- this year, we will be able to meet ambi- these opportunities and this joy is cess. That is what the death tax does. tious goals. being threatened. In these closing min- No son, no daughter should have to sell In closing, each day that I have the utes, I bring that to the attention of that family home to pay the death tax opportunity to walk into this great in- my colleagues. It is being threatened collector. It makes no sense, it is un- stitution, I am humbled. Indeed, I am by those who love it so much, who ap- fair, and it discourages productive eco- inspired. I am humbled mostly by the preciate it so much; that is, the mil- nomic activity. We will address it and great men and women who have come lions of people who are downloading ultimately we will win. before and inspired by their example. billions of illegal music files. Compassion also demands that we In his 1862 address to Congress, Presi- I have had the privilege of meeting turn our attention to fine-tuning the dent Lincoln told the assembled legis- diverse groups of leaders from the Personal Responsibility and Work Op- lators that ‘‘America is the world’s last music community on several occasions, portunity Reconciliation Act of 1996. best hope.’’ Those words have never but the focus has been to discuss the Since it was enacted 7 years ago, wel- ever been truer than they are today. I effects of piracy on the music industry. fare reform has helped to lift millions am confident that we will face the It is huge. It is far reaching. It is the and millions of families out of poverty. challenges ahead with honor and with artist, it is the record companies, it is There are over 3.5 million fewer people courage for the simple reason that we the performing rights organizations, it living in poverty now than in 1995, a are Americans. is the publishers. The bottom line is year before welfare reform was passed. I yield the floor. I suggest the ab- clear: Piracy is greatly impacting the Welfare caseloads have declined to one- sence of a quorum. music community. The situation is, in- half. When we return next year, we will The PRESIDING OFFICER. The deed, growing worse. Online music pi- look for ways to build on this success clerk will call the roll. racy is out of control. so that more families can have a fair The assistant legislative clerk pro- Currently, every month, 2.6 billion chance at the American dream. ceeded to call the roll. music files are downloaded illegally

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16158 CONGRESSIONAL RECORD — SENATE December 9, 2003 using peer-to-peer networks. It is not consumers to download music from le- tember 22, 2003. I transmit also, for the unusual for albums to show up on the gitimate online fee services. There are information of the Senate, the report Internet before they make it to the several sites that are up and running, of the Department of State with re- record stores. The music industry is and I encourage the industry to con- spect to this Additional Protocol. losing $4 billion a year to piracy, and tinue to work hard to improve their My Administration expects to for- that dollar figure is growing every day. online products to meet consumer de- ward to the Senate shortly analogous Most alarming, there is an entire gen- mand. There is no better time to re- Additional Protocols for Bulgaria, the eration of young Americans who be- flect on the impact of American re- Czech Republic, Estonia, Latvia, Lith- lieve that downloading online music is corded music than during these holi- uania, Poland, and the Slovak Repub- acceptable, it is the norm, it is legal, days. When we hear Bing Crosby’s lic. Each of these Additional Protocols like being your own personal DJ with- ‘‘White Christmas’’ or Duke Ellington’s is the result of an understanding the out ever having to buy a CD. ‘‘Jingle Bells’’ or Burl Ives’s ‘‘Rudolph United States reached with the Euro- Piracy affects more than just the the Red Nosed Reindeer,’’ we are hear- pean Commission and six countries music industry. It affects that larger ing not just another American Christ- that will join the European Union (EU) element of intellectual property. It in- mas classic but a part of America’s cre- on May 1, 2004 (the Czech Republic, Es- cludes the movie industry, it includes ative legacy, the recorded music indus- tonia, Latvia, Lithuania, Poland, and the software industry. Indeed, the try, one of our greatest exports to the the Slovak Republic), as well as with numbers are staggering. According to a world. Bulgaria and Romania, which are ex- report released by the International In- pected to join the EU in 2007. f tellectual Property Alliance, U.S. The understanding is designed to pre- copyright industries—and that includes UNANIMOUS CONSENT AGREE- serve U.S. bilateral investment treaties music, movies, books, and software— MENT—EXECUTIVE CALENDAR (BITs) with each of these countries after their accession to the EU by es- contributed $535 billion to the U.S. Mr. FRIST. As in executive session, I economy in 2001. They collectively em- tablishing a framework acceptable to ask unanimous consent that the nomi- the European Commission for avoiding ploy over 4.7 million workers. They nation of Rhonda Keenum of Mis- generate almost $900 billion in foreign or remedying present and possible fu- sissippi to be Assistant Secretary of ture incompatibilities between their sales, making intellectual property one Commerce and Director General of the of our largest exports. BIT obligations and their future obli- United States and Foreign Commercial gations of EU membership. It expresses Other countries often do not respect Service, received on Tuesday, Decem- our copyright laws. They allow mass the U.S. intent to amend the U.S. BITs, ber 9, 2003, be jointly referred to the including the BIT with Romania, in copying of music and other works. For Committee on Commerce, Science, and example, it is estimated that an as- order to eliminate incompatibilities Transportation and the Committee on between certain BIT obligations and tounding 92 percent of business soft- Banking, Housing, and Urban Affairs. ware used in China is pirated. In my EU law. It also establishes a frame- The PRESIDING OFFICER. Without work for addressing any future incom- travels to Asia several months ago, I objection, it is so ordered. directly stressed the importance of pro- patibilities that may arise as European tecting our copyright laws to the lead- f Union authority in the area of invest- ers of China and Taiwan and Korea, the ment expands in the future, and en- REMOVAL OF INJUNCTION OF SE- dorses the principle of protecting exist- countries I visited. Copyright pirating CRECY—TREATY DOCUMENTS is costing our economy billions. As ing U.S. investments from any future NOS. 108–113 and 108–114 EU measures that may restrict foreign leaders, we must educate the public Mr. FRIST. As in executive session, I investment in the EU. that illegally downloading music or ask unanimous consent that the in- The United States has long cham- copyrighted material is stealing, junction of secrecy be removed from pioned the benefits of an open invest- straight and simple. Most people would the following treaties transmitted to ment climate, both at home and never steal a CD from Wal-Mart, but the Senate on December 9, 2003, at 3:18 abroad. It is the policy of the United they do not think twice before burning p.m., by the President of the United States to welcome market-driven for- a CD from illegally downloaded music. States: Additional Protocol to Invest- eign investment and to permit capital People forget that an artist’s song is ment Treaty with Romania (Treaty to flow freely to seek its highest re- just like a baker’s loaf of bread; it is Document No. 108–113), and Taxation turn. This Additional Protocol pre- their creation; it is their livelihood. Convention with Japan (Treaty Docu- serves the U.S. BIT with Romania, While the future of the music indus- with which the United States has an try lies with the merging technology, ment No. 108–14). I further ask that the treaties be con- expanding relationship, and the protec- the industry simply cannot survive if tions it affords U.S. investors even Internet piracy steals its value any sidered as having been read the first time, that they be referred with accom- after Romania joins the EU. Without more than a shop owner can survive it, the European Commission would having their inventory stolen from panying papers to the Committee on Foreign Relations in order to be print- likely require Romania to terminate under him or her every week or a res- its U.S. BIT upon accession because of taurant owner can afford in some way ed, and that the President’s messages be printed in the RECORD. existing and possible future incompati- to serve meals for free. bilities between our current BIT and Eventually, unabated piracy will dry The PRESIDING OFFICER. Without objection, it is so ordered. EU law. up income. It drives away the creative I recommend that the Senate con- spirit. It drives away artists. It de- The messages of the President are as follows: sider this Additional Protocol as soon stroys the enterprise of making re- as possible, and give its advice and con- corded music. Fewer artists, less f sent to ratification at an early date. music. It is that simple. Less music on GEORGE W. BUSH. our airwaves, on the Internet, in the ADDITIONAL PROTOCOL TO IN- VESTMENT TREATY WITH ROMA- THE WHITE HOUSE, December 9, 2003. public square, any place you can think f of where recorded music is played and NIA—TREATY DOC. 108–13 enjoyed, including on your own To the Senate of the United States: TAXATION CONVENTION WITH Walkman when you jog or run. Piracy With a view to receiving the advice JAPAN—TREATY DOC. 108–14 ends up hurting us all, music lovers and consent of the Senate to ratifica- To the Senate of the United States: and music creators alike. tion, I transmit herewith the Addi- I transmit herewith, for Senate ad- I ask my colleagues to watch this tional Protocol between the Govern- vice and consent to ratification, the issue closely. We can help educate the ment of the United States of America Convention between the Government of public about both the illegality of pi- and the Government of Romania Con- the United States of America and the racy and its effect on our economy and cerning the Reciprocal Encouragement Government of Japan for the Avoid- our creative culture. It is our responsi- and Protection of Investment of May ance of Double Taxation and the Pre- bility to do so. And we can encourage 28, 1992, signed at Brussels on Sep- vention of Fiscal Evasion with respect

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16159 to Taxes on Income, signed at Wash- committees be authorized to report SOCIAL SECURITY PROTECTION ington on November 6, 2003, together legislative and executive matters on ACT OF 2003 with a Protocol and an exchange of Friday, January 9, 2004, from 10 a.m. to Mr. FRIST. Mr. President, I ask notes (the ‘‘Convention’’). I also trans- 12 noon. unanimous consent that the Senate mit, for the information of the Senate, The PRESIDING OFFICER. Without now proceed to the consideration of the report of the Department of State objection, it is so ordered. Calendar No. 349, H.R. 743. concerning the Convention. f The PRESIDING OFFICER. The This Convention would replace the AUTHORIZING APPOINTMENTS BY clerk will report the bill by title. Convention between the United States THE PRESIDENT OF THE SEN- The legislative clerk read as follows: of America and Japan for the Avoid- ATE, THE PRESIDENT OF THE A bill (H.R. 743) to amend the Social Secu- ance of Double Taxation and the Pre- SENATE PRO TEMPORE, AND rity Act and the Internal Revenue Code of vention of Fiscal Evasion with respect 1986 to provide additional safeguards for So- THE MAJORITY AND MINORITY to Taxes on Income, signed at Tokyo cial Security and Supplemental Security In- LEADERS on March 8, 1971. come beneficiaries with representative pay- This Convention, which is similar to Mr. FRIST. Mr. President, I ask ees, to enhance program protections, and for tax treaties between the United States unanimous consent that notwith- other purposes. and other developed nations, provides standing the recess or adjournment of There being no objection, the Senate rules specifying the circumstances the Senate, the President of the Sen- proceeded to consider the bill, which under which income that arises in one ate, the President of the Senate pro had been reported from the Committee of the countries and is derived by resi- tempore, and the majority and minor- on Finance, with an amendment to dents of the other country may be ity leaders be authorized to make ap- strike all after the enacting clause and taxed by the country in which income pointments to commissions, commit- inserting in lieu thereof the following; arises, providing for maximum source- tees, boards, conferences, or inter- [Strike the part shown in black country withholding tax rates that parliamentary conferences authorized brackets and insert the part shown in may be applied to various types of in- by law, by concurrent action of the two italic.] come and providing for protection from Houses, or by order of the Senate. H.R. 743 double taxation of income. The pro- The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- posed Convention also provides rules objection, it is so ordered. resentatives of the United States of America in designed to ensure that the benefits of f Congress assembled, øSECTION 1. SHORT TITLE AND TABLE OF CON- the Convention are not available to AUTHORIZING THE MAJORITY TENTS. persons that are engaged in treaty LEADER TO SIGN DULY EN- ø(a) SHORT TITLE.—This Act may be cited shopping. Also included in the proposed ROLLED BILLS OR JOINT RESO- as the ‘‘Social Security Protection Act of Convention are rules necessary for ad- LUTIONS 2003’’. ø(b) TABLE OF CONTENTS.—The table of con- ministering the Convention. Mr. FRIST. Mr. President, I ask I recommend that the Senate give tents is as follows: unanimous consent that during the ad- Sec. 1. Short title and table of contents. early and favorable consideration to journment of the Senate, the majority this Convention, and that the Senate TITLE I—PROTECTION OF leader be authorized to sign duly en- BENEFICIARIES give its advice and consent to the rati- rolled bills or joint resolutions. Subtitle A—Representative Payees fication of the Convention. The PRESIDING OFFICER. Without GEORGE W. BUSH. objection, it is so ordered. Sec. 101. Authority to reissue benefits mis- THE WHITE HOUSE, December 9, 2003. used by organizational rep- f resentative payees. f EXTENDING THE SPECIAL POST- Sec. 102. Oversight of representative payees. APPOINTMENTS Sec. 103. Disqualification from service as AGE STAMP FOR BREAST CAN- representative payee of persons The PRESIDING OFFICER. The CER RESEARCH convicted of offenses resulting Chair, on behalf of the Majority Lead- Mr. FRIST. Mr. President, I ask in imprisonment for more than er, in consultation with the Demo- unanimous consent that the Senate 1 year or fleeing prosecution, cratic Leader and pursuant to Public proceed to the immediate consider- custody, or confinement. Law 108–79, appoint the following indi- ation of S. 2000, introduced earlier Sec. 104. Fee forfeiture in case of benefit vidual: Guastavus Adolphus Puryear, misuse by representative pay- today by Senators FEINSTEIN and ees. IV, of Tennessee, to the National Pris- HUTCHISON. on Rape Reduction Commission for a Sec. 105. Liability of representative payees The PRESIDING OFFICER. The for misused benefits. term of 2 years. clerk will report the bill by title. Sec. 106. Authority to redirect delivery of The Chair, on behalf of the Demo- The legislative clerk read as follows: benefit payments when a rep- cratic Leader, after consultation with A bill (S. 2000) to extend the special post- resentative payee fails to pro- the Majority Leader and pursuant to age stamp for breast cancer research for 2 vide required accounting. Public Law 108–79, appoints the fol- years. Subtitle B—Enforcement lowing individuals to the National There being no objection, the Senate Sec. 111. Civil monetary penalty authority Prison Rape Reduction Commission: proceeded to consider the bill. with respect to wrongful con- James Evan Aiken, of North Carolina, Mr. FRIST. Mr. President, I ask versions by representative pay- and Cindy Struckman-Johnson of unanimous consent that the bill be ees. South Dakota. read three times and passed, the mo- TITLE II—PROGRAM PROTECTIONS The Chair, on behalf of the Demo- tion to reconsider be laid upon the Sec. 201. Civil monetary penalty authority cratic Leader, pursuant to Public Law table, and that any statements relating with respect to knowing withholding of material facts. 108–132, appoints the following individ- to the bill be printed in the RECORD. The PRESIDING OFFICER. Without Sec. 202. Issuance by Commissioner of Social uals to the Commission on Review of Security of receipts to ac- Overseas Military Facility Structure of objection, it is so ordered. knowledge submission of re- the United States: Al Cornella, of The bill (S. 2000) was read the third ports of changes in work or South Dakota, and James A Thomson, time and passed, as follows: earnings status of disabled of California. S. 2000 beneficiaries. f Be it enacted by the Senate and House of Rep- Sec. 203. Denial of title II benefits to persons resentatives of the United States of America in fleeing prosecution, custody, or AUTHORIZING COMMITTEES TO Congress assembled, confinement, and to persons REPORT LEGISLATIVE AND EX- SECTION 1. 2-YEAR EXTENSION OF POSTAGE violating probation or parole. ECUTIVE MATTERS STAMP FOR BREAST CANCER RE- Sec. 204. Requirements relating to offers to SEARCH. provide for a fee a product or Mr. FRIST. Mr. President, I ask Section 414(h) of title 39, United States service available without unanimous consent that notwith- Code, is amended by striking ‘‘2003’’ and in- charge from the Social Security standing the Senate’s adjournment, serting ‘‘2005’’. Administration.

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Sec. 205. Refusal to recognize certain indi- øTITLE I—PROTECTION OF ø(c) TITLE XVI AMENDMENTS.— viduals as claimant representa- BENEFICIARIES ø(1) REISSUANCE OF BENEFITS.—Section tives. øSubtitle A—Representative Payees 1631(a)(2)(E) of such Act (42 Sec. 206. Penalty for corrupt or forcible in- øSEC. 101. AUTHORITY TO REISSUE BENEFITS U.S.C. 1383(a)(2)(E)) is amended by inserting terference with administration MISUSED BY ORGANIZATIONAL REP- after the first sentence the following new of Social Security Act. RESENTATIVE PAYEES. sentences: ‘‘In any case in which a represent- Sec. 207. Use of symbols, emblems, or names ø(a) TITLE II AMENDMENTS.— ative payee that— in reference to social security ø(1) REISSUANCE OF BENEFITS.—Section ø‘‘(i) is not an individual (regardless of or medicare. 205(j)(5) of the Social Security Act (42 whether it is a ‘qualified organization’ with- Sec. 208. Disqualification from payment dur- U.S.C. 405(j)(5)) is amended by inserting in the meaning of subparagraph (D)(ii)); or ø ing trial work period upon con- after the first sentence the following new ‘‘(ii) is an individual who, for any month viction of fraudulent conceal- sentences: ‘‘In any case in which a represent- during a period when misuse occurs, serves ment of work activity. ative payee that— 15 or more individuals who are beneficiaries ø under this title, title II, title VIII, or any Sec. 209. Authority for judicial orders of res- ‘‘(A) is not an individual (regardless of combination of such titles; titution. whether it is a ‘qualified organization’ within the meaning of paragraph (4)(B)); or misuses all or part of an individual’s benefit TITLE III—ATTORNEY FEE PAYMENT ø‘‘(B) is an individual who, for any month paid to the representative payee, the Com- SYSTEM IMPROVEMENTS during a period when misuse occurs, serves missioner of Social Security shall pay to the Sec. 301. Cap on attorney assessments. 15 or more individuals who are beneficiaries beneficiary or the beneficiary’s alternative Sec. 302. Extension of attorney fee payment under this title, title VIII, title XVI, or any representative payee an amount equal to the system to title XVI claims. combination of such titles; amount of the benefit so misused. The provi- misuses all or part of an individual’s benefit sions of this subparagraph are subject to the TITLE IV—MISCELLANEOUS AND paid to such representative payee, the Com- limitations of subparagraph (H)(ii).’’. TECHNICAL AMENDMENTS missioner of Social Security shall certify for ø(2) EXCLUSION OF REISSUED BENEFITS FROM Subtitle A—Amendments Relating to the payment to the beneficiary or the bene- RESOURCES.—Section 1613(a) of such Act (42 Ticket to Work and Work Incentives Im- ficiary’s alternative representative payee an U.S.C. 1382b(a)) is amended— provement Act of 1999 amount equal to the amount of such benefit ø(A) in paragraph (12), by striking ‘‘and’’ at so misused. The provisions of this paragraph Sec. 401. Application of demonstration au- the end; are subject to the limitations of paragraph ø thority sunset date to new (B) in paragraph (13), by striking the pe- (7)(B).’’. projects. riod and inserting ‘‘; and’’; and ø(2) MISUSE OF BENEFITS DEFINED.—Section ø(C) by inserting after paragraph (13) the Sec. 402. Expansion of waiver authority 205(j) of such Act (42 U.S.C. 405(j)) is amend- available in connection with following new paragraph: ed by adding at the end the following new ø demonstration projects pro- ‘‘(14) for the 9-month period beginning paragraph: after the month in which received, any viding for reductions in dis- ø ‘‘(8) For purposes of this subsection, mis- amount received by such individual (or ability insurance benefits based use of benefits by a representative payee oc- on earnings. spouse) or any other person whose income is curs in any case in which the representative deemed to be included in such individual’s Sec. 403. Funding of demonstration projects payee receives payment under this title for (or spouse’s) income for purposes of this title provided for reductions in dis- the use and benefit of another person and as restitution for benefits under this title, ability insurance benefits based converts such payment, or any part thereof, title II, or title VIII that a representative on earnings. to a use other than for the use and benefit of payee of such individual (or spouse) or such Sec. 404. Availability of Federal and State such other person. The Commissioner of So- other person under section 205(j), 807, or work incentive services to addi- cial Security may prescribe by regulation 1631(a)(2) has misused.’’. tional individuals. the meaning of the term ‘use and benefit’ for ø(3) MISUSE OF BENEFITS DEFINED.—Section Sec. 405. Technical amendment clarifying purposes of this paragraph.’’. 1631(a)(2)(A) of such Act (42 ø(b) TITLE VIII AMENDMENTS.— treatment for certain purposes U.S.C. 1383(a)(2)(A)) is amended by adding at ø(1) REISSUANCE OF BENEFITS.—Section of individual work plans under the end the following new clause: 807(i) of the Social Security Act (42 the Ticket to Work and Self- ø‘‘(iv) For purposes of this paragraph, mis- Sufficiency Program. U.S.C. 1007(i)) (as amended by section 209(b)(1) of this Act) is amended further by use of benefits by a representative payee oc- Subtitle B—Miscellaneous Amendments inserting after the first sentence the fol- curs in any case in which the representative Sec. 411. Elimination of transcript require- lowing new sentences: ‘‘In any case in which payee receives payment under this title for ment in remand cases fully fa- a representative payee that— the use and benefit of another person and vorable to the claimant. ø‘‘(A) is not an individual; or converts such payment, or any part thereof, to a use other than for the use and benefit of Sec. 412. Nonpayment of benefits upon re- ø‘‘(B) is an individual who, for any month such other person. The Commissioner of So- moval from the United States. during a period when misuse occurs, serves 15 or more individuals who are beneficiaries cial Security may prescribe by regulation Sec. 413. Reinstatement of certain reporting the meaning of the term ‘use and benefit’ for requirements. under this title, title II, title XVI, or any combination of such titles; purposes of this clause.’’. Sec. 414. Clarification of definitions regard- ø misuses all or part of an individual’s benefit (d) EFFECTIVE DATE.—The amendments ing certain survivor benefits. made by this section shall apply to any case Sec. 415. Clarification respecting the FICA paid to such representative payee, the Com- missioner of Social Security shall pay to the of benefit misuse by a representative payee and SECA tax exemptions for with respect to which the Commissioner an individual whose earnings beneficiary or the beneficiary’s alternative representative payee an amount equal to the makes the determination of misuse on or are subject to the laws of a to- after January 1, 1995. talization agreement partner. amount of such benefit so misused. The provisions of this paragraph are subject to the øSEC. 102. OVERSIGHT OF REPRESENTATIVE PAY- Sec. 416. Coverage under divided retirement limitations of subsection (l)(2).’’. EES. system for public employees in ø ø(2) MISUSE OF BENEFITS DEFINED.—Section (a) CERTIFICATION OF BONDING AND LICENS- Kentucky. 807 of such Act (42 U.S.C. 1007) is amended by ING REQUIREMENTS FOR NONGOVERNMENTAL Sec. 417. Compensation for the Social Secu- adding at the end the following new sub- ORGANIZATIONAL REPRESENTATIVE PAYEES.— rity Advisory Board. section: ø(1) TITLE II AMENDMENTS.—Section 205(j) Sec. 418. 60-month period of employment re- ø‘‘(j) MISUSE OF BENEFITS.—For purposes of of the Social Security Act (42 U.S.C. 405(j)) is quirement for application of this title, misuse of benefits by a representa- amended— government pension offset ex- tive payee occurs in any case in which the ø(A) in paragraph (2)(C)(v), by striking ‘‘a emption. representative payee receives payment under community-based nonprofit social service Subtitle C—Technical Amendments this title for the use and benefit of another agency licensed or bonded by the State’’ in person under this title and converts such subclause (I) and inserting ‘‘a certified com- Sec. 421. Technical correction relating to repayment, or any part thereof, to a use other munity-based nonprofit social service agency sponsible agency head. than for the use and benefit of such person. (as defined in paragraph (9))’’; Sec. 422. Technical correction relating to re- The Commissioner of Social Security may ø(B) in paragraph (3)(F), by striking ‘‘com- tirement benefits of ministers. prescribe by regulation the meaning of the munity-based nonprofit social service agen- Sec. 423. Technical corrections relating to term ‘use and benefit’ for purposes of this cies’’ and inserting ‘‘certified community- domestic employment. subsection.’’. based nonprofit social service agencies (as Sec. 424. Technical corrections of outdated ø(3) TECHNICAL AMENDMENT.—Section 807(a) defined in paragraph (9))’’; references. of such Act (42 U.S.C. 1007(a)) is amended, in ø(C) in paragraph (4)(B), by striking ‘‘any Sec. 425. Technical correction respecting the first sentence, by striking ‘‘for his or her community-based nonprofit social service self-employment income in benefit’’ and inserting ‘‘for his or her use and agency which is bonded or licensed in each community property States. benefit’’. State in which it serves as a representative

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16161 payee’’ and inserting ‘‘any certified commu- ø‘‘(i) the representative payee is a person representative payee by the Commissioner nity-based nonprofit social service agency who serves in that capacity with respect to conducted upon receipt of an allegation of (as defined in paragraph (9))’’; and 15 or more such individuals; misuse of funds, failure to pay a vendor, or a ø(D) by adding after paragraph (8) (as ø‘‘(ii) the representative payee is a cer- similar irregularity; added by section 101(a)(2) of this Act) the fol- tified community-based nonprofit social ø‘‘(E) the number of cases discovered in lowing new paragraph: service agency (as defined in paragraph (9) of which there was a misuse of funds; ø‘‘(9) For purposes of this subsection, the this subsection or section 1631(a)(2)(I)); or ø‘‘(F) how any such cases of misuse of term ‘certified community-based nonprofit ø‘‘(iii) the representative payee is an agen- funds were dealt with by the Commissioner; social service agency’ means a community- cy (other than an agency described in clause ø‘‘(G) the final disposition of such cases of based nonprofit social service agency which (ii)) that serves in that capacity with respect misuse of funds, including any criminal pen- is in compliance with requirements, under to 50 or more such individuals. alties imposed; and regulations which shall be prescribed by the ø‘‘(B) Within 120 days after the end of each ø‘‘(H) such other information as the Com- Commissioner, for annual certification to fiscal year, the Commissioner shall submit missioner deems appropriate.’’. the Commissioner that it is bonded in ac- to the Committee on Ways and Means of the ø(3) TITLE XVI AMENDMENT.—Section cordance with requirements specified by the House of Representatives and the Committee 1631(a)(2)(G) of such Act (42 Commissioner and that it is licensed in each on Finance of the Senate a report on the re- U.S.C. 1383(a)(2)(G)) is amended to read as State in which it serves as a representative sults of periodic onsite reviews conducted follows: ø payee (if licensing is available in such State) during the fiscal year pursuant to subpara- ‘‘(G)(i) In addition to such other reviews graph (A) and of any other reviews of rep- in accordance with requirements specified by of representative payees as the Commis- resentative payees conducted during such the Commissioner. Any such annual certifi- sioner of Social Security may otherwise con- fiscal year in connection with benefits under cation shall include a copy of any inde- duct, the Commissioner shall provide for the this title. Each such report shall describe in periodic onsite review of any person or agen- pendent audit on such agency which may detail all problems identified in such reviews cy that receives the benefits payable under have been performed since the previous cer- and any corrective action taken or planned this title (alone or in combination with bene- tification.’’. to be taken to correct such problems, and fits payable under title II or title VIII) to an- ø(2) TITLE XVI AMENDMENTS.—Section shall include— other individual pursuant to the appoint- 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is ø‘‘(i) the number of such reviews; ment of the person or agency as a represent- amended— ø‘‘(ii) the results of such reviews; ative payee under this paragraph, section ø (A) in subparagraph (B)(vii), by striking ø‘‘(iii) the number of cases in which the 205(j), or section 807 in any case in which— ‘‘a community-based nonprofit social service representative payee was changed and why; ø‘‘(I) the representative payee is a person agency licensed or bonded by the State’’ in ø‘‘(iv) the number of cases involving the who serves in that capacity with respect to subclause (I) and inserting ‘‘a certified com- exercise of expedited, targeted oversight of 15 or more such individuals; munity-based nonprofit social service agency the representative payee by the Commis- ø‘‘(II) the representative payee is a cer- (as defined in subparagraph (I))’’; sioner conducted upon receipt of an allega- tified community-based nonprofit social ø (B) in subparagraph (D)(ii)— tion of misuse of funds, failure to pay a ven- service agency (as defined in subparagraph ø (i) by striking ‘‘or any community-based’’ dor, or a similar irregularity; (I) of this paragraph or section 205(j)(9)); or and all that follows through ‘‘in accordance’’ ø‘‘(v) the number of cases discovered in ø‘‘(III) the representative payee is an agen- in subclause (II) and inserting ‘‘or any cer- which there was a misuse of funds; cy (other than an agency described in sub- tified community-based nonprofit social ø‘‘(vi) how any such cases of misuse of clause (II)) that serves in that capacity with service agency (as defined in subparagraph funds were dealt with by the Commissioner; respect to 50 or more such individuals. (I)), if the agency, in accordance’’; ø‘‘(vii) the final disposition of such cases of ø‘‘(ii) Within 120 days after the end of each ø(ii) by redesignating items (aa) and (bb) as misuse of funds, including any criminal pen- fiscal year, the Commissioner shall submit subclauses (I) and (II), respectively (and ad- alties imposed; and to the Committee on Ways and Means of the justing the margination accordingly); and ø‘‘(viii) such other information as the Com- House of Representatives and the Committee ø(iii) by striking ‘‘subclause (II)(bb)’’ and missioner deems appropriate.’’. on Finance of the Senate a report on the re- inserting ‘‘subclause (II)’’; and ø(2) TITLE VIII AMENDMENT.—Section 807 of sults of periodic onsite reviews conducted ø(C) by adding at the end the following new such Act (as amended by section 101(b)(2) of during the fiscal year pursuant to clause (i) subparagraph: this Act) is amended further by adding at the and of any other reviews of representative ø‘‘(I) For purposes of this paragraph, the end the following new subsection: payees conducted during such fiscal year in term ‘certified community-based nonprofit ø‘‘(k) PERIODIC ONSITE REVIEW.—(1) In addi- connection with benefits under this social service agency’ means a community- tion to such other reviews of representative title. Each such report shall describe in de- based nonprofit social service agency which payees as the Commissioner of Social Secu- tail all problems identified in the reviews is in compliance with requirements, under rity may otherwise conduct, the Commis- and any corrective action taken or planned regulations which shall be prescribed by the sioner may provide for the periodic onsite re- to be taken to correct the problems, and Commissioner, for annual certification to view of any person or agency that receives shall include— the Commissioner that it is bonded in ac- the benefits payable under this title (alone ø‘‘(I) the number of the reviews; cordance with requirements specified by the or in combination with benefits payable ø‘‘(II) the results of such reviews; Commissioner and that it is licensed in each under title II or title XVI) to another indi- ø‘‘(III) the number of cases in which the State in which it serves as a representative vidual pursuant to the appointment of such representative payee was changed and why; payee (if licensing is available in the State) person or agency as a representative payee ø‘‘(IV) the number of cases involving the in accordance with requirements specified by under this section, section 205(j), or section exercise of expedited, targeted oversight of the Commissioner. Any such annual certifi- 1631(a)(2) in any case in which— the representative payee by the Commis- ø cation shall include a copy of any inde- ‘‘(A) the representative payee is a person sioner conducted upon receipt of an allega- pendent audit on the agency which may have who serves in that capacity with respect to tion of misuse of funds, failure to pay a ven- been performed since the previous certifi- 15 or more such individuals; or dor, or a similar irregularity; ø cation.’’. ‘‘(B) the representative payee is an agen- ø‘‘(V) the number of cases discovered in cy that serves in that capacity with respect ø(3) EFFECTIVE DATE.—The amendments which there was a misuse of funds; made by this subsection shall take effect on to 50 or more such individuals. ø‘‘(VI) how any such cases of misuse of ø‘‘(2) Within 120 days after the end of each the first day of the thirteenth month begin- funds were dealt with by the Commissioner; fiscal year, the Commissioner shall submit ning after the date of the enactment of this ø‘‘(VII) the final disposition of such cases to the Committee on Ways and Means of the Act. of misuse of funds, including any criminal House of Representatives and the Committee ø penalties imposed; and (b) PERIODIC ONSITE REVIEW.— on Finance of the Senate a report on the re- ø ø‘‘(VIII) such other information as the (1) TITLE II AMENDMENT.—Section 205(j)(6) sults of periodic onsite reviews conducted Commissioner deems appropriate.’’. of such Act (42 U.S.C. 405(j)(6)) is amended to during the fiscal year pursuant to paragraph ø read as follows: (1) and of any other reviews of representative SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF PER- ø‘‘(6)(A) In addition to such other reviews payees conducted during such fiscal year in of representative payees as the Commis- SONS CONVICTED OF OFFENSES RE- connection with benefits under this SULTING IN IMPRISONMENT FOR sioner of Social Security may otherwise con- title. Each such report shall describe in de- MORE THAN 1 YEAR OR FLEEING duct, the Commissioner shall provide for the tail all problems identified in such reviews PROSECUTION, CUSTODY, OR CON- periodic onsite review of any person or agen- and any corrective action taken or planned FINEMENT. cy located in the United States that receives to be taken to correct such problems, and ø(a) TITLE II AMENDMENTS.—Section the benefits payable under this title (alone shall include— 205(j)(2) of the Social Security Act (42 or in combination with benefits payable ø‘‘(A) the number of such reviews; U.S.C. 405(j)(2)) is amended— under title VIII or title XVI) to another indi- ø‘‘(B) the results of such reviews; ø(1) in subparagraph (B)(i)— vidual pursuant to the appointment of such ø‘‘(C) the number of cases in which the rep- ø(A) by striking ‘‘and’’ at the end of sub- person or agency as a representative payee resentative payee was changed and why; clause (III); under this subsection, section 807, or section ø‘‘(D) the number of cases involving the ex- ø(B) by redesignating subclause (IV) as 1631(a)(2) in any case in which— ercise of expedited, targeted oversight of the subclause (VI); and

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16162 CONGRESSIONAL RECORD — SENATE December 9, 2003 ø(C) by inserting after subclause (III) the sioner with the name of such person and such ø‘‘(II) such person has information that is following new subclauses: other identifying information as may reason- necessary for the officer to conduct the offi- ø‘‘(IV) obtain information concerning ably be required by the Commissioner to es- cer’s official duties, and whether such person has been convicted of tablish the unique identity of such person, ø‘‘(III) the location or apprehension of such any other offense under Federal or State law and notifies the Commissioner that— person is within the officer’s official du- which resulted in imprisonment for more ø‘‘(A) such person is described in section ties.’’. than 1 year, 804(a)(2), ø(d) EFFECTIVE DATE.—The amendments ø‘‘(V) obtain information concerning ø‘‘(B) such person has information that is made by this section shall take effect on the whether such person is a person described in necessary for the officer to conduct the offi- first day of the thirteenth month beginning section 202(x)(1)(A)(iv), and’’; cer’s official duties, and after the date of the enactment of this Act. ø(2) in subparagraph (B), by adding at the ø‘‘(C) the location or apprehension of such ø(e) REPORT TO THE CONGRESS.—The Com- end the following new clause: person is within the officer’s official du- missioner of Social Security, in consultation ø‘‘(iii) Notwithstanding the provisions of ties.’’; and with the Inspector General of the Social Se- section 552a of title 5, United States Code, or ø(3) in subsection (d)(1)— curity Administration, shall prepare a report any other provision of Federal or State law ø(A) by striking ‘‘or’’ at the end of sub- evaluating whether the existing procedures (other than section 6103 of the Internal Rev- paragraph (B); and reviews for the qualification (including enue Code of 1986 and section 1106(c) of this ø(B) by striking the period at the end of disqualification) of representative payees are sufficient to enable the Commissioner to Act), the Commissioner shall furnish any subparagraph (C) and inserting a semicolon; protect benefits from being misused by rep- Federal, State, or local law enforcement offi- and resentative payees. The Commissioner shall cer, upon the written request of the officer, ø(C) by adding at the end the following new submit the report to the Committee on Ways with the current address, social security ac- subparagraphs: count number, and photograph (if applicable) and Means of the House of Representatives ø‘‘(D) such person has previously been con- of any person investigated under this para- and the Committee on Finance of the Senate victed as described in subsection (b)(2)(D), graph, if the officer furnishes the Commis- no later than 270 days after the date of the unless the Commissioner determines that sioner with the name of such person and such enactment of this Act. The Commissioner such payment would be appropriate notwith- other identifying information as may reason- shall include in such report any rec- ably be required by the Commissioner to es- standing such conviction; or ommendations that the Commissioner con- ø tablish the unique identity of such person, ‘‘(E) such person is a person described in siders appropriate. and notifies the Commissioner that— section 804(a)(2).’’. øSEC. 104. FEE FORFEITURE IN CASE OF BENEFIT ø‘‘(I) such person is described in section ø(c) TITLE XVI AMENDMENTS.—Section MISUSE BY REPRESENTATIVE PAY- 202(x)(1)(A)(iv), 1631(a)(2)(B) of such Act (42 EES. ø‘‘(II) such person has information that is U.S.C. 1383(a)(2)(B)) is amended— ø(a) TITLE II AMENDMENTS.—Section necessary for the officer to conduct the offi- ø(1) in clause (ii)— 205(j)(4)(A)(i) of the Social Security Act (42 cer’s official duties, and ø(A) by striking ‘‘and’’ at the end of sub- U.S.C. 405(j)(4)(A)(i)) is amended— ø ø‘‘(III) the location or apprehension of such clause (III); (1) in the first sentence, by striking ‘‘A’’ person is within the officer’s official du- ø(B) by redesignating subclause (IV) as and inserting ‘‘Except as provided in the ties.’’; subclause (VI); and next sentence, a’’; and ø ø(3) in subparagraph (C)(i)(II), by striking ø(C) by inserting after subclause (III) the (2) in the second sentence, by striking ‘‘subparagraph (B)(i)(IV),,’’ and inserting following new subclauses: ‘‘The Secretary’’ and inserting the following: ‘‘subparagraph (B)(i)(VI)’’ and striking ‘‘sec- ø‘‘(IV) obtain information concerning ‘‘A qualified organization may not collect a fee from an individual for any month with tion 1631(a)(2)(B)(ii)(IV)’’ and inserting ‘‘sec- whether the person has been convicted of respect to which the Commissioner of Social tion 1631(a)(2)(B)(ii)(VI)’’; and any other offense under Federal or State law Security or a court of competent jurisdiction ø(4) in subparagraph (C)(i)— which resulted in imprisonment for more has determined that the organization mis- ø(A) by striking ‘‘or’’ at the end of sub- than 1 year; ø‘‘(V) obtain information concerning used all or part of the individual’s benefit, clause (II); and any amount so collected by the qualified ø(B) by striking the period at the end of whether such person is a person described in section 1611(e)(4)(A); and’’; organization for such month shall be treated subclause (III) and inserting a comma; and as a misused part of the individual’s benefit ø ø(2) in clause (iii)(II)— (C) by adding at the end the following new for purposes of paragraphs (5) and (6). The subclauses: ø(A) by striking ‘‘clause (ii)(IV)’’ and inserting ‘‘clause (ii)(VI)’’; and Commissioner’’. ø‘‘(IV) such person has previously been ø(b) TITLE XVI AMENDMENTS.—Section ø(B) by striking ‘‘section 205(j)(2)(B)(i)(IV)’’ convicted as described in subparagraph 1631(a)(2)(D)(i) of such Act (42 (B)(i)(IV), unless the Commissioner deter- and inserting ‘‘section 205(j)(2)(B)(i)(VI)’’; U.S.C. 1383(a)(2)(D)(i)) is amended— ø mines that such certification would be ap- (3) in clause (iii)— ø(1) in the first sentence, by striking ‘‘A’’ ø propriate notwithstanding such conviction, (A) by striking ‘‘or’’ at the end of sub- and inserting ‘‘Except as provided in the or clause (II); next sentence, a’’; and ø ø‘‘(V) such person is person described in (B) by striking the period at the end of ø(2) in the second sentence, by striking section 202(x)(1)(A)(iv).’’. subclause (III) and inserting a semicolon; ‘‘The Commissioner’’ and inserting the fol- ø(b) TITLE VIII AMENDMENTS.—Section 807 and lowing: ‘‘A qualified organization may not ø of such Act (42 U.S.C. 1007) is amended— (C) by adding at the end the following new collect a fee from an individual for any ø(1) in subsection (b)(2)— subclauses: month with respect to which the Commis- ø ø(A) by striking ‘‘and’’ at the end of sub- ‘‘(IV) the person has previously been con- sioner of Social Security or a court of com- paragraph (C); victed as described in clause (ii)(IV) of this petent jurisdiction has determined that the ø(B) by redesignating subparagraph (D) as subparagraph, unless the Commissioner de- organization misused all or part of the indi- subparagraph (F); and termines that the payment would be appro- vidual’s benefit, and any amount so collected ø(C) by inserting after subparagraph (C) priate notwithstanding the conviction; or by the qualified organization for such month ø the following new subparagraphs: ‘‘(V) such person is a person described in shall be treated as a misused part of the indi- ø‘‘(D) obtain information concerning section 1611(e)(4)(A).’’; and vidual’s benefit for purposes of subpara- ø whether such person has been convicted of (4) by adding at the end the following new graphs (E) and (F). The Commissioner’’. any other offense under Federal or State law clause: ø(c) EFFECTIVE DATE.—The amendments which resulted in imprisonment for more ø‘‘(xiv) Notwithstanding the provisions of made by this section shall apply to any than 1 year; section 552a of title 5, United States Code, or month involving benefit misuse by a rep- ø‘‘(E) obtain information concerning any other provision of Federal or State law resentative payee in any case with respect to whether such person is a person described in (other than section 6103 of the Internal Rev- which the Commissioner of Social Security section 804(a)(2); and’’; enue Code of 1986 and section 1106(c) of this or a court of competent jurisdiction makes ø(2) in subsection (b), by adding at the end Act), the Commissioner shall furnish any the determination of misuse after 180 days the following new paragraph: Federal, State, or local law enforcement offi- after the date of the enactment of this Act. ø‘‘(3) Notwithstanding the provisions of cer, upon the written request of the officer, øSEC. 105. LIABILITY OF REPRESENTATIVE PAY- section 552a of title 5, United States Code, or with the current address, social security ac- EES FOR MISUSED BENEFITS. any other provision of Federal or State law count number, and photograph (if applicable) ø(a) TITLE II AMENDMENTS.—Section 205(j) (other than section 6103 of the Internal Rev- of any person investigated under this sub- of the Social Security Act (42 U.S.C. 405(j)) enue Code of 1986 and section 1106(c) of this paragraph, if the officer furnishes the Com- (as amended by sections 101 and 102) is Act), the Commissioner shall furnish any missioner with the name of such person and amended further— Federal, State, or local law enforcement offi- such other identifying information as may ø(1) by redesignating paragraphs (7), (8), cer, upon the written request of the officer, reasonably be required by the Commissioner and (9) as paragraphs (8), (9), and (10), respec- with the current address, social security ac- to establish the unique identity of such per- tively; count number, and photograph (if applicable) son, and notifies the Commissioner that— ø(2) in paragraphs (2)(C)(v), (3)(F), and of any person investigated under this sub- ø‘‘(I) such person is described in section (4)(B), by striking ‘‘paragraph (9)’’ and in- section, if the officer furnishes the Commis- 1611(e)(4)(A), serting ‘‘paragraph (10)’’;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16163 ø(3) in paragraph (6)(A)(ii), by striking laws pertaining to the recovery of the over- days after the date of the enactment of this ‘‘paragraph (9)’’ and inserting ‘‘paragraph payments. Subject to clause (ii), upon recov- Act. (10)’’; and ering all or any part of the amount, the øSubtitle B—Enforcement ø (4) by inserting after paragraph (6) the fol- Commissioner shall make payment of an øSEC. 111. CIVIL MONETARY PENALTY AUTHOR- lowing new paragraph: amount equal to the recovered amount to ITY WITH RESPECT TO WRONGFUL ø‘‘(7)(A) If the Commissioner of Social Se- such individual or such individual’s alter- CONVERSIONS BY REPRESENTATIVE curity or a court of competent jurisdiction native representative payee. PAYEES. determines that a representative payee that ø‘‘(ii) The total of the amount paid to such ø(a) IN GENERAL.—Section 1129(a) of the So- is not a Federal, State, or local government individual or such individual’s alternative cial Security Act (42 U.S.C. 1320a–8) is agency has misused all or part of an individ- representative payee under clause (i) and the amended by adding at the end the following ual’s benefit that was paid to such represent- amount paid under subparagraph (E) may new paragraph: ative payee under this subsection, the rep- not exceed the total benefit amount misused ø‘‘(3) Any person (including an organiza- resentative payee shall be liable for the by the representative payee with respect to tion, agency, or other entity) who, having re- amount misused, and such amount (to the such individual.’’. ceived, while acting in the capacity of a rep- extent not repaid by the representative ø(d) EFFECTIVE DATE.—The amendments resentative payee pursuant to section 205(j), payee) shall be treated as an overpayment of made by this section shall apply to benefit 807, or 1631(a)(2), a payment under title II, benefits under this title to the representa- misuse by a representative payee in any case VIII, or XVI for the use and benefit of an- tive payee for all purposes of this Act and re- with respect to which the Commissioner of other individual, converts such payment, or lated laws pertaining to the recovery of such Social Security or a court of competent ju- any part thereof, to a use that such person overpayments. Subject to subparagraph (B), risdiction makes the determination of mis- knows or should know is other than for the upon recovering all or any part of such use after 180 days after the date of the enact- use and benefit of such other individual shall amount, the Commissioner shall certify an ment of this Act. be subject to, in addition to any other pen- amount equal to the recovered amount for øSEC. 106. AUTHORITY TO REDIRECT DELIVERY alties that may be prescribed by law, a civil payment to such individual or such individ- OF BENEFIT PAYMENTS WHEN A money penalty of not more than $5,000 for ual’s alternative representative payee. REPRESENTATIVE PAYEE FAILS TO each such conversion. Such person shall also ø‘‘(B) The total of the amount certified for PROVIDE REQUIRED ACCOUNTING. be subject to an assessment, in lieu of dam- ø payment to such individual or such individ- (a) TITLE II AMENDMENTS.—Section ages sustained by the United States result- ual’s alternative representative payee under 205(j)(3) of the Social Security Act (42 ing from the conversion, of not more than subparagraph (A) and the amount certified U.S.C. 405(j)(3)) (as amended by sections twice the amount of any payments so con- for payment under paragraph (5) may not ex- 102(a)(1)(B) and 105(a)(2)) is amended— verted.’’. ø ceed the total benefit amount misused by the (1) by redesignating subparagraphs (E) ø(b) EFFECTIVE DATE.—The amendment representative payee with respect to such in- and (F) as subparagraphs (F) and (G), respec- made by this section shall apply with respect dividual.’’. tively; and to violations committed after the date of the ø (b) TITLE VIII AMENDMENT.—Section 807 of ø(2) by inserting after subparagraph (D) the enactment of this Act. such Act (as amended by section 102(b)(2)) is following new subparagraph: øTITLE II—PROGRAM PROTECTIONS amended further by adding at the end the ø‘‘(E) In any case in which the person de- following new subsection: scribed in subparagraph (A) or (D) receiving øSEC. 201. CIVIL MONETARY PENALTY AUTHOR- ø‘‘(l) LIABILITY FOR MISUSED AMOUNTS.— payments on behalf of another fails to sub- ITY WITH RESPECT TO KNOWING WITHHOLDING OF MATERIAL FACTS. ø‘‘(1) IN GENERAL.—If the Commissioner of mit a report required by the Commissioner ø(a) TREATMENT OF WITHHOLDING OF MATE- Social Security or a court of competent ju- of Social Security under subparagraph (A) or RIAL FACTS.— risdiction determines that a representative (D), the Commissioner may, after furnishing ø(1) CIVIL PENALTIES.—Section 1129(a)(1) of payee that is not a Federal, State, or local notice to such person and the individual en- the Social Security Act (42 U.S.C. 1320a– government agency has misused all or part titled to such payment, require that such 8(a)(1)) is amended— of a qualified individual’s benefit that was person appear in person at a field office of ø(A) by striking ‘‘who’’ in the first sen- paid to such representative payee under this the Social Security Administration serving tence and inserting ‘‘who—’’; section, the representative payee shall be the area in which the individual resides in ø(B) by striking ‘‘makes’’ in the first sen- liable for the amount misused, and such order to receive such payments.’’. tence and all that follows through ‘‘shall be amount (to the extent not repaid by the rep- ø(b) TITLE VIII AMENDMENTS.—Section resentative payee) shall be treated as an 807(h) of such Act (42 U.S.C. 1007(h)) is subject to,’’ and inserting the following: ø overpayment of benefits under this title to amended— ‘‘(A) makes, or causes to be made, a state- the representative payee for all purposes of ø(1) by redesignating paragraphs (3) and (4) ment or representation of a material fact, this Act and related laws pertaining to the as paragraphs (4) and (5), respectively; and for use in determining any initial or con- recovery of such overpayments. Subject to ø(2) by inserting after paragraph (2) the fol- tinuing right to or the amount of monthly paragraph (2), upon recovering all or any lowing new paragraph: insurance benefits under title II or benefits or payments under title VIII or XVI, that the part of such amount, the Commissioner shall ø‘‘(3) AUTHORITY TO REDIRECT DELIVERY OF person knows or should know is false or mis- make payment of an amount equal to the re- BENEFIT PAYMENTS WHEN A REPRESENTATIVE leading, covered amount to such qualified individual PAYEE FAILS TO PROVIDE REQUIRED ACCOUNT- ø‘‘(B) makes such a statement or represen- or such qualified individual’s alternative ING.—In any case in which the person de- representative payee. scribed in paragraph (1) or (2) receiving ben- tation for such use with knowing disregard for the truth, or ø‘‘(2) LIMITATION.—The total of the amount efit payments on behalf of a qualified indi- ø paid to such individual or such individual’s vidual fails to submit a report required by ‘‘(C) omits from a statement or represen- alternative representative payee under para- the Commissioner of Social Security under tation for such use, or otherwise withholds graph (1) and the amount paid under subparagraph (1) or (2), the Commissioner may, disclosure of, a fact which the person knows section (i) may not exceed the total benefit after furnishing notice to such person and or should know is material to the determina- amount misused by the representative payee the qualified individual, require that such tion of any initial or continuing right to or with respect to such individual.’’. person appear in person at a United States the amount of monthly insurance benefits ø(c) TITLE XVI AMENDMENTS.—Section Government facility designated by the So- under title II or benefits or payments under 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) (as cial Security Administration as serving the title VIII or XVI, if the person knows, or amended by section 102(b)(3)) is amended fur- area in which the qualified individual resides should know, that the statement or rep- ther— in order to receive such benefit payments.’’. resentation with such omission is false or ø(1) in subparagraph (G)(i)(II), by striking ø(c) TITLE XVI AMENDMENT.—Section misleading or that the withholding of such ‘‘section 205(j)(9)’’ and inserting ‘‘section 1631(a)(2)(C) of such Act (42 disclosure is misleading, 205(j)(10)’’; and U.S.C. 1383(a)(2)(C)) is amended by adding at shall be subject to,’’; ø(2) by striking subparagraph (H) and in- the end the following new clause: ø(C) by inserting ‘‘or each receipt of such serting the following: ø‘‘(v) In any case in which the person de- benefits or payments while withholding dis- ø‘‘(H)(i) If the Commissioner of Social Se- scribed in clause (i) or (iv) receiving pay- closure of such fact’’ after ‘‘each such state- curity or a court of competent jurisdiction ments on behalf of another fails to submit a ment or representation’’ in the first sen- determines that a representative payee that report required by the Commissioner of So- tence; is not a Federal, State, or local government cial Security under clause (i) or (iv), the ø(D) by inserting ‘‘or because of such with- agency has misused all or part of an individ- Commissioner may, after furnishing notice holding of disclosure of a material fact’’ ual’s benefit that was paid to the representa- to the person and the individual entitled to after ‘‘because of such statement or rep- tive payee under this paragraph, the rep- the payment, require that such person ap- resentation’’ in the second sentence; and resentative payee shall be liable for the pear in person at a field office of the Social ø(E) by inserting ‘‘or such a withholding of amount misused, and the amount (to the ex- Security Administration serving the area in disclosure’’ after ‘‘such a statement or rep- tent not repaid by the representative payee) which the individual resides in order to re- resentation’’ in the second sentence. shall be treated as an overpayment of bene- ceive such payments.’’. ø(2) ADMINISTRATIVE PROCEDURE FOR IMPOS- fits under this title to the representative ø(d) EFFECTIVE DATE.—The amendment ING PENALTIES.—Section 1129A(a) of such Act payee for all purposes of this Act and related made by this section shall take effect 180 (42 U.S.C. 1320a–8a(a)) is amended—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16164 CONGRESSIONAL RECORD — SENATE December 9, 2003 ø(A) by striking ‘‘who’’ the first place it ø(3) in paragraph (1)(A)(iii), by striking the ø‘‘(B) Subparagraph (A) shall not apply to appears and inserting ‘‘who—’’; and period at the end and inserting a comma; any offer— ø(B) by striking ‘‘makes’’ and all that fol- ø(4) by inserting after paragraph (1)(A)(iii) ø‘‘(i) to serve as a claimant representative lows through ‘‘shall be subject to,’’ and in- the following: in connection with a claim arising under serting the following: ø‘‘(iv) is fleeing to avoid prosecution, or title II, title VIII, or title XVI; or ø‘‘(1) makes, or causes to be made, a state- custody or confinement after conviction, ø‘‘(ii) to prepare, or assist in the prepara- ment or representation of a material fact, under the laws of the place from which the tion of, an individual’s plan for achieving for use in determining any initial or con- person flees, for a crime, or an attempt to self-support under title XVI.’’; and tinuing right to or the amount of monthly commit a crime, which is a felony under the ø(2) in the heading, by striking ‘‘PROHIBI- insurance benefits under title II or benefits laws of the place from which the person TION OF MISUSE OF SYMBOLS, EMBLEMS, OR or payments under title XVI that the person flees, or which, in the case of the State of NAMES IN REFERENCE’’ and inserting ‘‘PROHI- knows or should know is false or misleading, New Jersey, is a high misdemeanor under the BITIONS RELATING TO REFERENCES’’. ø‘‘(2) makes such a statement or represen- laws of such State, or ø(b) EFFECTIVE DATE.—The amendments tation for such use with knowing disregard ø‘‘(v) is violating a condition of probation made by this section shall apply to offers of for the truth, or or parole imposed under Federal or State assistance made after the sixth month end- ø‘‘(3) omits from a statement or represen- law. ing after the Commissioner of Social Secu- tation for such use, or otherwise withholds In the case of an individual from whom such rity promulgates final regulations pre- disclosure of, a fact which the person knows monthly benefits have been withheld pursu- scribing the standards applicable to the no- or should know is material to the determina- ant to clause (iv) or (v), the Commissioner tice required to be provided in connection tion of any initial or continuing right to or may, for good cause shown, pay such with- with such offer. The Commissioner shall pro- the amount of monthly insurance benefits held benefits to the individual.’’; and mulgate such final regulations within 1 year under title II or benefits or payments under ø(5) in paragraph (3), by adding at the end after the date of the enactment of this Act. title XVI, if the person knows, or should the following new subparagraph: ø ø SEC. 205. REFUSAL TO RECOGNIZE CERTAIN IN- know, that the statement or representation ‘‘(C) Notwithstanding the provisions of DIVIDUALS AS CLAIMANT REP- with such omission is false or misleading or section 552a of title 5, United States Code, or RESENTATIVES. that the withholding of such disclosure is any other provision of Federal or State law øSection 206(a)(1) of the Social Security misleading, (other than section 6103 of the Internal Rev- Act (42 U.S.C. 406(a)(1)) is amended by insert- enue Code of 1986 and section 1106(c) of this ing after the second sentence the following: shall be subject to,’’. Act), the Commissioner shall furnish any ø(b) CLARIFICATION OF TREATMENT OF RE- ‘‘Notwithstanding the preceding sentences, Federal, State, or local law enforcement offi- COVERED AMOUNTS.—Section 1129(e)(2)(B) of the Commissioner, after due notice and op- cer, upon the written request of the officer, such Act (42 U.S.C. 1320a–8(e)(2)(B)) is portunity for hearing, (A) may refuse to rec- with the current address, Social Security amended by striking ‘‘In the case of amounts ognize as a representative, and may dis- number, and photograph (if applicable) of recovered arising out of a determination re- qualify a representative already recognized, any beneficiary under this title, if the officer lating to title VIII or XVI,’’ and inserting any attorney who has been disbarred or sus- furnishes the Commissioner with the name ‘‘In the case of any other amounts recovered pended from any court or bar to which he or of the beneficiary, and other identifying in- under this section,’’. she was previously admitted to practice or formation as reasonably required by the ø(c) CONFORMING AMENDMENTS.— who has been disqualified from participating Commissioner to establish the unique iden- ø(1) Section 1129(b)(3)(A) of such Act (42 in or appearing before any Federal program tity of the beneficiary, and notifies the Com- U.S.C. 1320a–8(b)(3)(A)) is amended by strik- missioner that— or agency, and (B) may refuse to recognize, ing ‘‘charging fraud or false statements’’. ø‘‘(i) the beneficiary— and may disqualify, as a non-attorney rep- ø(2) Section 1129(c)(1) of such Act (42 ø‘‘(I) is described in clause (iv) or (v) of resentative any attorney who has been dis- U.S.C. 1320a–8(c)(1)) is amended by striking paragraph (1)(A); and barred or suspended from any court or bar to ‘‘and representations’’ and inserting ‘‘, rep- ø‘‘(II) has information that is necessary for which he or she was previously admitted to resentations, or actions’’. the officer to conduct the officer’s official practice. A representative who has been dis- ø(3) Section 1129(e)(1)(A) of such Act (42 duties; and qualified or suspended pursuant to this sec- U.S.C. 1320a–8(e)(1)(A)) is amended by strik- ø‘‘(ii) the location or apprehension of the tion from appearing before the Social Secu- ing ‘‘statement or representation referred to beneficiary is within the officer’s official du- rity Administration as a result of collecting in subsection (a) was made’’ and inserting ties.’’. or receiving a fee in excess of the amount au- ‘‘violation occurred’’. ø(b) REGULATIONS.—Not later than the first thorized shall be barred from appearing be- ø(d) EFFECTIVE DATE.—The amendments day of the first month that begins on or after fore the Social Security Administration as a made by this section shall apply with respect the date that is 9 months after the date of representative until full restitution is made to violations committed after the date on the enactment of this Act, the Commissioner to the claimant and, thereafter, may be con- which the Commissioner implements the of Social Security shall promulgate regula- sidered for reinstatement only under such centralized computer file described in sec- rules as the Commissioner may prescribe.’’. tion 202. tions governing payment by the Commis- øSEC. 206. PENALTY FOR CORRUPT OR FORCIBLE ø sioner, for good cause shown, of withheld SEC. 202. ISSUANCE BY COMMISSIONER OF SO- benefits, pursuant to the last sentence of INTERFERENCE WITH ADMINISTRA- CIAL SECURITY OF RECEIPTS TO AC- section 202(x)(1)(A) of the Social Security TION OF SOCIAL SECURITY ACT. KNOWLEDGE SUBMISSION OF RE- øPart A of title XI of the Social Security PORTS OF CHANGES IN WORK OR Act (as amended by subsection (a)). EARNINGS STATUS OF DISABLED ø(c) EFFECTIVE DATE.—The amendments Act (42 U.S.C. 1301 et seq.) is amended by in- BENEFICIARIES. made by subsection (a) shall take effect on serting after section 1129A the following new øEffective as soon as possible, but not later the first day of the first month that begins section: than 1 year after the date of the enactment on or after the date that is 9 months after ø‘‘ATTEMPTS TO INTERFERE WITH of this Act, until such time as the Commis- the date of the enactment of this Act. ADMINISTRATION OF SOCIAL SECURITY ACT ø sioner of Social Security implements a cen- SEC. 204. REQUIREMENTS RELATING TO OFFERS ø‘‘SEC. 1129B. Whoever corruptly or by tralized computer file recording the date of TO PROVIDE FOR A FEE A PRODUCT force or threats of force (including any the submission of information by a disabled OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE SOCIAL SECU- threatening letter or communication) at- beneficiary (or representative) regarding a tempts to intimidate or impede any officer, change in the beneficiary’s work or earnings RITY ADMINISTRATION. ø employee, or contractor of the Social Secu- status, the Commissioner shall issue a re- (a) IN GENERAL.—Section 1140 of the So- rity Administration (including any State ceipt to the disabled beneficiary (or rep- cial Security Act (42 U.S.C. 1320b–10) is employee of a disability determination serv- resentative) each time he or she submits doc- amended— ice or any other individual designated by the umentation, or otherwise reports to the ø(1) in subsection (a), by adding at the end Commissioner of Social Security) acting in Commissioner, on a change in such status. the following new paragraph: ø ø ‘‘(4)(A) No person shall offer, for a fee, to an official capacity to carry out a duty SEC. 203. DENIAL OF TITLE II BENEFITS TO PER- under this Act, or in any other way cor- SONS FLEEING PROSECUTION, CUS- assist an individual to obtain a product or TODY, OR CONFINEMENT, AND TO service that the person knows or should ruptly or by force or threats of force (includ- PERSONS VIOLATING PROBATION know is provided free of charge by the Social ing any threatening letter or communica- OR PAROLE. Security Administration unless, at the time tion) obstructs or impedes, or attempts to ø(a) IN GENERAL.—Section 202(x) of the So- the offer is made, the person provides to the obstruct or impede, the due administration cial Security Act (42 U.S.C. 402(x)) is amend- individual to whom the offer is tendered a of this Act, shall be fined not more than ed— notice that— $5,000, imprisoned not more than 3 years, or ø(1) in the heading, by striking ‘‘Pris- ø‘‘(i) explains that the product or service is both, except that if the offense is committed oners’’ and all that follows and inserting the available free of charge from the Social Se- only by threats of force, the person shall be following: ‘‘Prisoners, Certain Other Inmates curity Administration, and fined not more than $3,000, imprisoned not of Publicly Funded Institutions, Fugitives, ø‘‘(ii) complies with standards prescribed more than 1 year, or both. In this sub- Probationers, and Parolees’’; by the Commissioner of Social Security re- section, the term ‘threats of force’ means ø(2) in paragraph (1)(A)(ii)(IV), by striking specting the content of such notice and its threats of harm to the officer or employee of ‘‘or’’ at the end; placement, visibility, and legibility. the United States or to a contractor of the

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16165 Social Security Administration, or to a under subsection (a), may order, in addition in connection with misuse of funds paid as member of the family of such an officer or to or in lieu of any other penalty authorized benefits under title II shall be transferred to employee or contractor.’’. by law, that the defendant make restitution the Managing Trustee of the Federal Old-Age øSEC. 207. USE OF SYMBOLS, EMBLEMS, OR to the Social Security Administration. and Survivors Insurance Trust Fund or the NAMES IN REFERENCE TO SOCIAL ø‘‘(2) Sections 3612, 3663, and 3664 of title 18, Federal Disability Insurance Trust Fund, as SECURITY OR MEDICARE. United States Code, shall apply with respect determined appropriate by the Commissioner ø(a) IN GENERAL.—Section 1140(a)(1) of the to the issuance and enforcement of orders of of Social Security, and such amounts shall Social Security Act (42 U.S.C. 1320b–10(a)(1)) restitution under this subsection. In so ap- be deposited by the Managing Trustee into is amended— plying such sections, the Social Security Ad- such Trust Fund. All other such amounts ø(1) in subparagraph (A), by inserting ministration shall be considered the victim. shall be deposited by the Commissioner into ‘‘ ‘Centers for Medicare & Medicaid Serv- ø‘‘(3) If the court does not order restitu- the general fund of the Treasury as miscella- ices’,’’ after ‘‘ ‘Health Care Financing Ad- tion, or orders only partial restitution, neous receipts.’’. ministration’,’’, by striking ‘‘or ‘Med- under this subsection, the court shall state ø(e) EFFECTIVE DATE.—The amendments icaid’, ’’ and inserting ‘‘ ‘Medicaid’, ‘Death on the record the reasons therefor.’’. made by subsections (a), (b), and (c) shall Benefits Update’, ‘Federal Benefit Informa- ø(b) AMENDMENTS TO TITLE VIII.—Section apply with respect to violations occurring on tion’, ‘Funeral Expenses’, or ‘Final Supple- 807(i) of such Act (42 U.S.C. 1007(i)) is amend- or after the date of the enactment of this mental Plan’,’’ and by inserting ‘‘ ‘CMS’,’’ ed— Act. ø after ‘‘ ‘HCFA’,’’; (1) by striking ‘‘(i) RESTITUTION.—In any øTITLE III—ATTORNEY FEE PAYMENT ø(2) in subparagraph (B), by inserting case where’’ and inserting the following: SYSTEM IMPROVEMENTS ‘‘Centers for Medicare & Medicaid Services,’’ ø‘‘(i) RESTITUTION.— øSEC. 301. CAP ON ATTORNEY ASSESSMENTS. after ‘‘Health Care Financing Administra- ø‘‘(1) IN GENERAL.—In any case where’’; and ø(a) IN GENERAL.—Section 206(d)(2)(A) of tion,’’ each place it appears; and ø(2) by adding at the end the following new the Social Security Act (42 ø(3) in the matter following subparagraph paragraph: U.S.C. 406(d)(2)(A)) is amended— (B), by striking ‘‘the Health Care Financing ø‘‘(2) COURT ORDER FOR RESTITUTION.— ø(1) by inserting ‘‘, except that the max- Administration,’’ each place it appears and ø‘‘(A) IN GENERAL.—Any Federal court, imum amount of the assessment may not ex- inserting ‘‘the Centers for Medicare & Med- when sentencing a defendant convicted of an ceed the greater of $75 or the adjusted icaid Services,’’. offense under subsection (a), may order, in amount as provided pursuant to the fol- ø(b) EFFECTIVE DATE.—The amendments addition to or in lieu of any other penalty lowing two sentences’’ after ‘‘subparagraph made by this section shall apply to items authorized by law, that the defendant make (B)’’; and sent after 180 days after the date of the en- restitution to the Social Security Adminis- ø(2) by adding at the end the following new actment of this Act. tration. sentence: ‘‘In the case of any calendar year ø ø‘‘(B) RELATED PROVISIONS.—Sections 3612, SEC. 208. DISQUALIFICATION FROM PAYMENT beginning after the amendments made by DURING TRIAL WORK PERIOD UPON 3663, and 3664 of title 18, United States Code, CONVICTION OF FRAUDULENT CON- shall apply with respect to the issuance and section 301 of the Social Security Protection CEALMENT OF WORK ACTIVITY. enforcement of orders of restitution under Act of 2003 take effect, the dollar amount ø(a) IN GENERAL.—Section 222(c) of the So- this paragraph. In so applying such sections, specified in the preceding sentence (includ- cial Security Act (42 U.S.C. 422(c)) is amend- the Social Security Administration shall be ing a previously adjusted amount) shall be ed by adding at the end the following new considered the victim. adjusted annually under the procedures used to adjust benefit amounts under section paragraph: ø‘‘(C) STATED REASONS FOR NOT ORDERING ø 215(i)(2)(A)(ii), except such adjustment shall ‘‘(5) Upon conviction by a Federal court RESTITUTION.—If the court does not order res- that an individual has fraudulently con- titution, or orders only partial restitution, be based on the higher of $75 or the pre- cealed work activity during a period of trial under this paragraph, the court shall state viously adjusted amount that would have work from the Commissioner of Social Secu- on the record the reasons therefor.’’. been in effect for December of the preceding rity by— ø(c) AMENDMENTS TO TITLE XVI.—Section year, but for the rounding of such amount ø‘‘(A) providing false information to the 1632 of such Act (42 U.S.C. 1383a) is amend- pursuant to the following sentence. Any Commissioner of Social Security as to ed— amount so adjusted that is not a multiple of whether the individual had earnings in or for ø(1) by redesignating subsection (b) as sub- $1 shall be rounded to the next lowest mul- a particular period, or as to the amount section (c); and tiple of $1, but in no case less than $75.’’. ø thereof; ø(2) by inserting after subsection (a) the (b) EFFECTIVE DATE.—The amendments ø‘‘(B) receiving disability insurance bene- following new subsection: made by this section shall apply with respect fits under this title while engaging in work ø‘‘(b)(1) Any Federal court, when sen- to fees for representation of claimants which activity under another identity, including tencing a defendant convicted of an offense are first required to be certified or paid under another social security account num- under subsection (a), may order, in addition under section 206 of the Social Security Act ber or a number purporting to be a social se- to or in lieu of any other penalty authorized on or after the first day of the first month curity account number; or by law, that the defendant make restitution that begins after 180 days after the date of ø‘‘(C) taking other actions to conceal work to the Social Security Administration. the enactment of this Act. activity with an intent fraudulently to se- ø‘‘(2) Sections 3612, 3663, and 3664 of title 18, øSEC. 302. EXTENSION OF ATTORNEY FEE PAY- cure payment in a greater amount than is United States Code, shall apply with respect MENT SYSTEM TO TITLE XVI CLAIMS. due or when no payment is authorized, to the issuance and enforcement of orders of ø(a) IN GENERAL.—Section 1631(d)(2) of the no benefit shall be payable to such individual restitution under this subsection. In so ap- Social Security Act (42 U.S.C. 1383(d)(2)) is under this title with respect to a period of plying such sections, the Social Security Ad- amended— disability for any month before such convic- ministration shall be considered the victim. ø(1) in subparagraph (A), in the matter pre- tion during which the individual rendered ø‘‘(3) If the court does not order restitu- ceding clause (i)— services during the period of trial work with tion, or orders only partial restitution, ø(A) by striking ‘‘section 206(a)’’ and in- respect to which the fraudulently concealed under this subsection, the court shall state serting ‘‘section 206’’; work activity occurred, and amounts other- on the record the reasons therefor.’’. ø(B) by striking ‘‘(other than paragraph (4) wise due under this title as restitution, pen- ø(d) SPECIAL ACCOUNT FOR RECEIPT OF RES- thereof)’’ and inserting ‘‘(other than sub- alties, assessments, fines, or other repay- TITUTION PAYMENTS.—Section 704(b) of such sections (a)(4) and (d) thereof)’’; and ments shall in all cases be in addition to any Act (42 U.S.C. 904(b)) is amended by adding at ø(C) by striking ‘‘paragraph (2) thereof’’ amounts for which such individual is liable the end the following new paragraph: and inserting ‘‘such section’’; as overpayments by reason of such conceal- ø‘‘(3)(A) Except as provided in subpara- ø(2) in subparagraph (A)(i), by striking ‘‘in ment.’’. graph (B), amounts received by the Social subparagraphs (A)(ii)(I) and (C)(i),’’ and in- ø(b) EFFECTIVE DATE.—The amendment Security Administration pursuant to an serting ‘‘in subparagraphs (A)(ii)(I) and (D)(i) made by subsection (a) shall apply with re- order of restitution under section 208(b), of subsection (a)(2)’’, and by striking ‘‘and’’ spect to work activity performed after the 807(i), or 1632(b) shall be credited to a special at the end; date of the enactment of this Act. fund established in the Treasury of the ø(3) by striking subparagraph (A)(ii) and øSEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF United States for amounts so received or re- inserting the following: RESTITUTION. covered. The amounts so credited, to the ex- ø‘‘(ii) by substituting, in subsections ø(a) AMENDMENTS TO TITLE II.—Section 208 tent and in the amounts provided in advance (a)(2)(B) and (b)(1)(B)(i), the phrase ‘section of the Social Security Act (42 U.S.C. 408) is in appropriations Acts, shall be available to 1631(a)(7)(A) or the requirements of due proc- amended— defray expenses incurred in carrying out ti- ess of law’ for the phrase ‘subsection (g) or ø(1) by redesignating subsections (b), (c), tles II, VIII, and XVI. (h) of section 223’; and (d) as subsections (c), (d), and (e), respec- ø‘‘(B) Subparagraph (A) shall not apply ø‘‘(iii) by substituting, in subsection tively; and with respect to amounts received in connec- (a)(2)(C)(i), the phrase ‘under title II’ for the ø(2) by inserting after subsection (a) the tion with misuse by a representative payee phrase ‘under title XVI’; following new subsection: (within the meaning of sections 205(j), 807, ø‘‘(iv) by substituting, in subsection ø‘‘(b)(1) Any Federal court, when sen- and 1631(a)(2)) of funds paid as benefits under (b)(1)(A), the phrase ‘pay the amount of such tencing a defendant convicted of an offense title II, VIII, or XVI. Such amounts received fee’ for the phrase ‘certify the amount of

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16166 CONGRESSIONAL RECORD — SENATE December 9, 2003 such fee for payment’ and by striking, in available for obligation only to the extent øSEC. 402. EXPANSION OF WAIVER AUTHORITY subsection (b)(1)(A), the phrase ‘or certified and in the amount provided in advance in ap- AVAILABLE IN CONNECTION WITH DEMONSTRATION PROJECTS PRO- for payment’; and propriations Acts. Amounts so appropriated ø‘‘(v) by substituting, in subsection VIDING FOR REDUCTIONS IN DIS- are authorized to remain available until ex- ABILITY INSURANCE BENEFITS (b)(1)(B)(ii), the phrase ‘deemed to be such pended, for administrative expenses in car- BASED ON EARNINGS. amounts as determined before any applicable rying out this title and related laws.’’. øSection 302(c) of the Ticket to Work and reduction under section 1631(g), and reduced Work Incentives Improvement Act of 1999 (42 ø(b) EFFECTIVE DATE.— by the amount of any reduction in benefits U.S.C. 434 note) is amended by striking ‘‘(42 ø(1) IN GENERAL.—The amendments made under this title or title II made pursuant to U.S.C. 401 et seq.),’’ and inserting ‘‘(42 section 1127(a)’ for the phrase ‘determined by this section shall apply with respect to U.S.C. 401 et seq.) and the requirements of before any applicable reduction under sec- fees for representation of claimants which section 1148 of such Act (42 U.S.C. 1320b–19) tion 1127(a))’.’’; and are first required to be certified or paid as they relate to the program established ø (4) by striking subparagraph (B) and in- under section 1631(d)(2) of the Social Secu- under title II of such Act,’’. serting the following new subparagraphs: rity Act on or after the first day of the first øSEC. 403. FUNDING OF DEMONSTRATION ø‘‘(B) Subject to subparagraph (C), if the month that begins after 270 days after the claimant is determined to be entitled to PROJECTS PROVIDED FOR REDUC- date of the enactment of this Act. TIONS IN DISABILITY INSURANCE past-due benefits under this title and the ø(2) SUNSET.—Such amendments shall not BENEFITS BASED ON EARNINGS. person representing the claimant is an attor- apply with respect to fees for representation øSection 302(f) of the Ticket to Work and ney, the Commissioner of Social Security of claimants in the case of any claim for ben- Work Incentives Improvement Act of 1999 (42 shall pay out of such past-due benefits to efits with respect to which the agreement for U.S.C. 434 note) is amended to read as fol- such attorney an amount equal to the lesser representation is entered into after 5 years lows: of— after the date on which the Commissioner of ø‘‘(f) EXPENDITURES.—Administrative ex- ø‘‘(i) so much of the maximum fee as does Social Security first implements the amend- penses for demonstration projects under this not exceed 25 percent of such past-due bene- section shall be paid from funds available for fits (as determined before any applicable re- ments made by this section. the administration of title II or XVIII of the duction under section 1631(g) and reduced by ø(c) STUDY REGARDING FEE-WITHHOLDING Social Security Act, as appropriate. Benefits the amount of any reduction in benefits FOR NON-ATTORNEY REPRESENTATIVES.— payable to or on behalf of individuals by rea- under this title or title II pursuant to sec- ø (1) STUDY.—As soon as practicable after son of participation in projects under this tion 1127(a)), or the date of the enactment of this Act, the section shall be made from the Federal Dis- ø‘‘(ii) the amount of past-due benefits Comptroller General of the United States ability Insurance Trust Fund and the Fed- available after any applicable reductions shall undertake a study regarding fee-with- eral Old-Age and Survivors Insurance Trust under sections 1631(g) and 1127(a). holding for non-attorney representatives rep- ø‘‘(C)(i) Whenever a fee for services is re- Fund, as determined appropriate by the resenting claimants before the Social Secu- Commissioner of Social Security, and from quired to be paid to an attorney from a rity Administration. claimant’s past-due benefits pursuant to sub- the Federal Hospital Insurance Trust Fund ø(2) MATTERS TO BE STUDIED.—In con- paragraph (B), the Commissioner shall im- and the Federal Supplementary Medical In- ducting the study under this subsection, the pose on the attorney an assessment cal- surance Trust Fund, as determined appro- Comptroller General shall— culated in accordance with clause (ii). priate by the Secretary of Health and Human ø ø‘‘(ii)(I) The amount of an assessment (A) compare the non-attorney representa- Services, from funds available for benefits under clause (i) shall be equal to the product tives who seek fee approval for representing under such title II or XVIII.’’. obtained by multiplying the amount of the claimants before the Social Security Admin- øSEC. 404. AVAILABILITY OF FEDERAL AND representative’s fee that would be required istration to attorney representatives who STATE WORK INCENTIVE SERVICES to be paid by subparagraph (B) before the ap- seek such fee approval, with regard to— TO ADDITIONAL INDIVIDUALS. plication of this subparagraph, by the per- ø(i) their training, qualifications, and com- ø(a) FEDERAL WORK INCENTIVES OUTREACH centage specified in subclause (II), except petency, PROGRAM.— that the maximum amount of the assess- ø(ii) the type and quality of services pro- ø(1) IN GENERAL.—Section 1149(c)(2) of the ment may not exceed $75. In the case of any vided, and Social Security Act (42 U.S.C. 1320b–20(c)(2)) calendar year beginning after the amend- ø(iii) the extent to which claimants are is amended to read as follows: ments made by section 302 of the Social Se- protected through oversight of such rep- ø‘‘(2) DISABLED BENEFICIARY.—The term curity Protection Act of 2003 take effect, the resentatives by the Social Security Adminis- ‘disabled beneficiary’ means an individual— dollar amount specified in the preceding sen- tration or other organizations, and ø‘‘(A) who is a disabled beneficiary as de- tence (including a previously adjusted ø(B) consider the potential results of ex- fined in section 1148(k)(2) of this Act; amount) shall be adjusted annually under tending to non-attorney representatives the ø‘‘(B) who is receiving a cash payment de- the procedures used to adjust benefit fee withholding procedures that apply under scribed in section 1616(a) of this Act or a sup- amounts under section 215(i)(2)(A)(ii), except titles II and XVI of the Social Security Act plementary payment described in section such adjustment shall be based on the higher for the payment of attorney fees, including 212(a)(3) of Public Law 93–66 (without regard of $75 or the previously adjusted amount the effect on claimants and program admin- to whether such payment is paid by the Com- that would have been in effect for December istration. missioner pursuant to an agreement under of the preceding year, but for the rounding of ø(3) REPORT.—Not later than 1 year after section 1616(a) of this Act or under section such amount pursuant to the following sen- the date of the enactment of this Act, the 212(b) of Public Law 93–66); tence. Any amount so adjusted that is not a ø Comptroller General shall submit to the ‘‘(C) who, pursuant to section 1619(b) of multiple of $1 shall be rounded to the next this Act, is considered to be receiving bene- lowest multiple of $1, but in no case less Committee on Ways and Means of the House of Representatives and the Committee on Fi- fits under title XVI of this Act; or than $75. ø‘‘(D) who is entitled to benefits under part ø nance of the Senate a report detailing the re- ‘‘(II) The percentage specified in this sub- A of title XVIII of this Act by reason of the sults of the Comptroller General’s study con- clause is such percentage rate as the Com- penultimate sentence of section 226(b) of this ducted pursuant to this subsection. missioner determines is necessary in order to Act.’’. achieve full recovery of the costs of deter- ø ø(2) EFFECTIVE DATE.—The amendment mining and approving fees to attorneys from TITLE IV—MISCELLANEOUS AND TECHNICAL AMENDMENTS made by this subsection shall apply with re- the past-due benefits of claimants, but not in spect to grants, cooperative agreements, or excess of 6.3 percent. øSubtitle A—Amendments Relating to the contracts entered into on or after the date of ø‘‘(iii) The Commissioner may collect the Ticket to Work and Work Incentives Im- the enactment of this Act. assessment imposed on an attorney under provement Act of 1999 ø(b) STATE GRANTS FOR WORK INCENTIVES clause (i) by offset from the amount of the ASSISTANCE.— fee otherwise required by subparagraph (B) øSEC. 401. APPLICATION OF DEMONSTRATION AU- ø(1) DEFINITION OF DISABLED BENEFICIARY.— to be paid to the attorney from a claimant’s THORITY SUNSET DATE TO NEW past-due benefits. PROJECTS. Section 1150(g)(2) of such Act (42 ø‘‘(iv) An attorney subject to an assess- U.S.C. 1320b–21(g)(2)) is amended to read as øSection 234 of the Social Security Act (42 ment under clause (i) may not, directly or follows: indirectly, request or otherwise obtain reim- U.S.C. 434) is amended— ø‘‘(2) DISABLED BENEFICIARY.—The term ø bursement for such assessment from the (1) in the first sentence of subsection (c), ‘disabled beneficiary’ means an individual— claimant whose claim gave rise to the assess- by striking ‘‘conducted under subsection (a)’’ ø‘‘(A) who is a disabled beneficiary as de- ment. and inserting ‘‘initiated under subsection (a) fined in section 1148(k)(2) of this Act; ø‘‘(v) Assessments on attorneys collected on or before December 17, 2004’’; and ø‘‘(B) who is receiving a cash payment de- under this subparagraph shall be deposited in ø(2) in subsection (d)(2), by amending the scribed in section 1616(a) of this Act or a sup- the Treasury in a separate fund created for first sentence to read as follows: ‘‘The au- plementary payment described in section this purpose. thority to initiate projects under the pre- 212(a)(3) of Public Law 93–66 (without regard ø‘‘(vi) The assessments authorized under ceding provisions of this section shall termi- to whether such payment is paid by the Com- this subparagraph shall be collected and nate on December 18, 2004.’’. missioner pursuant to an agreement under

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16167 section 1616(a) of this Act or under section ø(B) Section 1817(b)(2) of the Social Secu- ø‘‘(D) the prior husband continued to re- 212(b) of Public Law 93–66); rity Act (42 U.S.C. 1395i(b)(2)). main institutionalized up to the time of his ø‘‘(C) who, pursuant to section 1619(b) of ø(C) Section 1841(b)(2) of the Social Secu- death, and this Act, is considered to be receiving bene- rity Act (42 U.S.C. 1395t(b)(2)). ø‘‘(E) the individual married the surviving fits under title XVI of this Act; or ø(2)(A) Section 221(c)(3)(C) of the Social Se- husband within 60 days after the prior hus- ø‘‘(D) who is entitled to benefits under part curity Act (42 U.S.C. 421(c)(3)(C)). band’s death.’’. A of title XVIII of this Act by reason of the ø(B) Section 221(i)(3) of the Social Security ø(c) CONFORMING AMENDMENT.—Section penultimate sentence of section 226(b) of this Act (42 U.S.C. 421(i)(3)). 216(k) of such Act (42 U.S.C. 416(k)) is amend- Act.’’. ø SEC. 414. CLARIFICATION OF DEFINITIONS RE- ed by striking ‘‘clause (5) of subsection (c) or ø(2) ADVOCACY OR OTHER SERVICES NEEDED GARDING CERTAIN SURVIVOR BENE- clause (5) of subsection (g)’’ and inserting TO MAINTAIN GAINFUL EMPLOYMENT.—Section FITS. ‘‘clause (E) of subsection (c)(1) or clause (E) 1150(b)(2) of such Act (42 U.S.C. 1320b–21(b)(2)) ø(a) WIDOWS.—Section 216(c) of the Social of subsection (g)(1)’’. is amended by striking ‘‘secure or regain’’ Security Act (42 U.S.C. 416(c)) is amended— and inserting ‘‘secure, maintain, or regain’’. ø(1) by redesignating subclauses (A) ø(d) EFFECTIVE DATE.—The amendments ø(3) EFFECTIVE DATE.—The amendments through (C) of clause (6) as subclauses (i) made by this section shall be effective with made by this subsection shall apply with re- through (iii), respectively; respect to applications for benefits under spect to payments provided after the date of ø(2) by redesignating clauses (1) through (6) title II of the Social Security Act filed dur- the enactment of this Act. as clauses (A) through (F), respectively; ing months ending after the date of the en- øSEC. 405. TECHNICAL AMENDMENT CLARIFYING ø(3) in clause (E) (as redesignated), by in- actment of this Act. TREATMENT FOR CERTAIN PUR- serting ‘‘except as provided in paragraph POSES OF INDIVIDUAL WORK PLANS (2),’’ before ‘‘she was married’’; øSEC. 415. CLARIFICATION RESPECTING THE UNDER THE TICKET TO WORK AND ø(4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and FICA AND SECA TAX EXEMPTIONS FOR AN INDIVIDUAL WHOSE EARN- SELF-SUFFICIENCY PROGRAM. ø(5) by adding at the end the following new ø(a) IN GENERAL.—Section 1148(g)(1) of the INGS ARE SUBJECT TO THE LAWS OF paragraph: A TOTALIZATION AGREEMENT PART- Social Security Act (42 U.S.C. 1320b–19) is ø‘‘(2) The requirements of paragraph (1)(E) NER. amended by adding at the end, after and in connection with the surviving wife of an ø below subparagraph (E), the following new individual shall be treated as satisfied if— Sections 1401(c), 3101(c), and 3111(c) of the sentence: ø‘‘(A) the individual had been married Internal Revenue Code of 1986 are each ‘‘An individual work plan established pursu- prior to the individual’s marriage to the sur- amended by striking ‘‘to taxes or contribu- ant to this subsection shall be treated, for viving wife, tions for similar purposes under’’ and insert- purposes of section 51(d)(6)(B)(i) of the Inter- ø‘‘(B) the prior wife was institutionalized ing ‘‘exclusively to the laws applicable to’’. nal Revenue Code of 1986, as an individual- during the individual’s marriage to the prior ø ized written plan for employment under a SEC. 416. COVERAGE UNDER DIVIDED RETIRE- wife due to mental incompetence or similar MENT SYSTEM FOR PUBLIC EMPLOY- State plan for vocational rehabilitation serv- incapacity, EES IN KENTUCKY. ices approved under the Rehabilitation Act ø‘‘(C) during the period of the prior wife’s ø of 1973.’’. institutionalization, the individual would (a) IN GENERAL.—Section 218(d)(6)(C) of ø(b) EFFECTIVE DATE.—The amendment have divorced the prior wife and married the the Social Security Act (42 U.S.C. made by subsection (a) shall take effect as if surviving wife, but the individual did not do 418(d)(6)(C)) is amended by inserting ‘‘Ken- included in section 505 of the Ticket to Work so because such divorce would have been un- tucky,’’ after ‘‘Illinois,’’. and Work Incentives Improvement Act of lawful, by reason of the prior wife’s institu- ø(b) EFFECTIVE DATE.—The amendment 1999 (Public Law 106–170; 113 Stat. 1921). tionalization, under the laws of the State in made by subsection (a) takes effect on Janu- øSubtitle B—Miscellaneous Amendments which the individual was domiciled at the ary 1, 2003. time (as determined based on evidence satis- øSEC. 411. ELIMINATION OF TRANSCRIPT RE- øSEC. 417. COMPENSATION FOR THE SOCIAL SE- QUIREMENT IN REMAND CASES factory to the Commissioner of Social Secu- CURITY ADVISORY BOARD. FULLY FAVORABLE TO THE CLAIM- rity), ø ANT. ‘‘(D) the prior wife continued to remain ø(a) IN GENERAL.—Subsection (f) of section ø(a) IN GENERAL.—Section 205(g) of the So- institutionalized up to the time of her death, 703 of the Social Security Act (42 U.S.C. cial Security Act (42 U.S.C. 405(g)) is amend- and 903(f)) is amended to read as follows: ed in the sixth sentence by striking ‘‘and a ø‘‘(E) the individual married the surviving transcript’’ and inserting ‘‘and, in any case wife within 60 days after the prior wife’s ‘‘Compensation, Expenses, and Per Diem in which the Commissioner has not made a death.’’. ø‘‘(f) A member of the Board shall, for each decision fully favorable to the individual, a ø(b) WIDOWERS.—Section 216(g) of such Act day (including traveltime) during which the transcript’’. (42 U.S.C. 416(g)) is amended— ø member is attending meetings or con- ø(b) EFFECTIVE DATE.—The amendment (1) by redesignating subclauses (A) ferences of the Board or otherwise engaged made by this section shall apply with respect through (C) of clause (6) as subclauses (i) in the business of the Board, be compensated to final determinations issued (upon remand) through (iii), respectively; ø at the daily rate of basic pay for level IV of on or after the date of the enactment of this (2) by redesignating clauses (1) through (6) the Executive Schedule. While serving on Act. as clauses (A) through (F), respectively; ø business of the Board away from their homes ø (3) in clause (E) (as redesignated), by in- SEC. 412. NONPAYMENT OF BENEFITS UPON RE- or regular places of business, members may MOVAL FROM THE UNITED STATES. serting ‘‘except as provided in paragraph (2),’’ before ‘‘he was married’’; be allowed travel expenses, including per ø(a) IN GENERAL.—Paragraphs (1) and (2) of ø(4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and diem in lieu of subsistence, as authorized by section 202(n) of the Social Security Act (42 ø(5) by adding at the end the following new section 5703 of title 5, United States Code, for U.S.C. 402(n)(1), (2)) are each amended by paragraph: persons in the Government employed inter- striking ‘‘or (1)(E)’’. ø‘‘(2) The requirements of paragraph (1)(E) mittently.’’. ø(b) EFFECTIVE DATE.—The amendment in connection with the surviving husband of made by this section to section 202(n)(1) of ø(b) EFFECTIVE DATE.—The amendment an individual shall be treated as satisfied if— the Social Security Act shall apply to indi- made by this section shall be effective as of ø‘‘(A) the individual had been married January 1, 2003. viduals with respect to whom the Commis- prior to the individual’s marriage to the sur- sioner of Social Security receives a removal viving husband, øSEC. 418. 60-MONTH PERIOD OF EMPLOYMENT notice from the Attorney General after the ø‘‘(B) the prior husband was institutional- REQUIREMENT FOR APPLICATION date of the enactment of this Act. The ized during the individual’s marriage to the OF GOVERNMENT PENSION OFFSET amendment made by this section to section prior husband due to mental incompetence EXEMPTION. 202(n)(2) of the Social Security Act shall or similar incapacity, ø(a) WIFE’S INSURANCE BENEFITS.—Section apply with respect to removals occurring ø‘‘(C) during the period of the prior hus- after the date of the enactment of this Act. 202(b)(4)(A) of the Social Security Act (42 band’s institutionalization, the individual U.S.C. 402(b)(4)(A)) is amended by striking øSEC. 413. REINSTATEMENT OF CERTAIN RE- would have divorced the prior husband and ‘‘if, on’’ and inserting ‘‘if, during any portion PORTING REQUIREMENTS. married the surviving husband, but the indi- of the last 60 months of such service ending øSection 3003(a)(1) of the Federal Reports vidual did not do so because such divorce with’’. Elimination and Sunset Act of 1995 (31 would have been unlawful, by reason of the U.S.C. 1113 note) shall not apply to any re- prior husband’s institutionalization, under ø(b) HUSBAND’S INSURANCE BENEFITS.—Sec- port required to be submitted under any of the laws of the State in which the individual tion 202(c)(2)(A) of such Act (42 U.S.C. the following provisions of law: was domiciled at the time (as determined 402(c)(2)(A)) is amended by striking ‘‘if, on’’ ø(1)(A) Section 201(c)(2) of the Social Secu- based on evidence satisfactory to the Com- and inserting ‘‘if, during any portion of the rity Act (42 U.S.C. 401(c)(2)). missioner of Social Security), last 60 months of such service ending with’’.

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ø(c) WIDOW’S INSURANCE BENEFITS.—Sec- striking ‘‘or is domestic service in a private TITLE I—PROTECTION OF BENEFICIARIES tion 202(e)(7)(A) of such Act (42 U.S.C. home of the employer’’. Subtitle A—Representative Payees 402(e)(7)(A)) is amended by striking ‘‘if, on’’ øSEC. 424. TECHNICAL CORRECTIONS OF OUT- Sec. 101. Authority to reissue benefits misused and inserting ‘‘if, during any portion of the DATED REFERENCES. by organizational representative last 60 months of such service ending with’’. ø(a) CORRECTION OF TERMINOLOGY AND CITA- ø payees. (d) WIDOWER’S INSURANCE BENEFITS.—Sec- TIONS RESPECTING REMOVAL FROM THE Sec. 102. Oversight of representative payees. tion 202(f)(2)(A) of such Act (42 U.S.C. UNITED STATES.—Section 202(n) of the Social Sec. 103. Disqualification from service as rep- 402(f)(2)(A)) is amended by striking ‘‘if, on’’ Security Act (42 U.S.C. 402(n)) (as amended resentative payee of persons con- and inserting ‘‘if, during any portion of the by section 412) is amended further— victed of offenses resulting in im- last 60 months of such service ending with’’. ø(1) by striking ‘‘deportation’’ each place it prisonment for more than 1 year ø (e) MOTHER’S AND FATHER’S INSURANCE appears and inserting ‘‘removal’’; or fleeing prosecution, custody, or BENEFITS.—Section 202(g)(4)(A) of the such ø(2) by striking ‘‘deported’’ each place it confinement. Act (42 U.S.C. 402(g)(4)(A)) is amended by appears and inserting ‘‘removed’’; Sec. 104. Fee forfeiture in case of benefit misuse striking ‘‘if, on’’ and inserting ‘‘‘if, during ø(3) in paragraph (1) (in the matter pre- by representative payees. any portion of the last 60 months of such ceding subparagraph (A)), by striking ‘‘under Sec. 105. Liability of representative payees for service ending with’’. section 241(a) (other than under paragraph misused benefits. ø(f) EFFECTIVE DATE.—The amendments (1)(C) thereof)’’ and inserting ‘‘under section Sec. 106. Authority to redirect delivery of ben- made by this section shall apply with respect 237(a) (other than paragraph (1)(C) thereof) efit payments when a representa- to applications for benefits under title II of or 212(a)(6)(A)’’; tive payee fails to provide re- the Social Security Act filed on or after the ø(4) in paragraph (2), by striking ‘‘under quired accounting. first day of the first month that begins after any of the paragraphs of section 241(a) of the Sec. 107. Survey of use of payments by rep- the date of the enactment of this Act, except Immigration and Nationality Act (other resentative payees. that such amendments shall not apply in than under paragraph (1)(C) thereof)’’ and in- Subtitle B—Enforcement connection with monthly periodic benefits of serting ‘‘under any of the paragraphs of sec- Sec. 111. Civil monetary penalty authority with any individual based on earnings while in tion 237(a) of the Immigration and Nation- service described in section 202(b)(4)(A), respect to wrongful conversions ality Act (other than paragraph (1)(C) thereby representative payees. 202(c)(2)(A), 202(e)(7)(A), or 202(f)(2)(A) of the of) or under section 212(a)(6)(A) of such Act’’; Social Security Act (in the matter preceding ø(5) in paragraph (3)— TITLE II—PROGRAM PROTECTIONS clause (i) thereof)— ø(A) by striking ‘‘paragraph (19) of section Sec. 201. Civil monetary penalty authority with ø(1) if the last day of such service occurs 241(a)’’ and inserting ‘‘subparagraph (D) of respect to withholding of material before the end of the 90-day period following section 237(a)(4)’’; and facts. the date of the enactment of this Act, or ø(B) by striking ‘‘paragraph (19)’’ and in- Sec. 202. Issuance by Commissioner of Social ø(2) in any case in which the last day of serting ‘‘subparagraph (D)’’; and Security of receipts to acknowl- such service occurs after the end of such 90- ø(6) in the heading, by striking ‘‘Deporta- edge submission of reports of day period, such individual performed such tion’’ and inserting ‘‘Removal’’. changes in work or earnings sta- service during such 90-day period which con- ø(b) CORRECTION OF CITATION RESPECTING tus of disabled beneficiaries. stituted ‘‘employment’’ as defined in section THE TAX DEDUCTION RELATING TO HEALTH IN- Sec. 203. Denial of title II benefits to persons 210 of such Act, and all such service subse- SURANCE COSTS OF SELF-EMPLOYED INDIVID- fleeing prosecution, custody, or quently performed by such individual has UALS.—Section 211(a)(15) of such Act (42 confinement, and to persons vio- constituted such ‘‘employment’’. U.S.C. 411(a)(15)) is amended by striking lating probation or parole. øSubtitle C—Technical Amendments ‘‘section 162(m)’’ and inserting ‘‘section Sec. 204. Requirements relating to offers to provide for a fee a product or service ø 162(l)’’. SEC. 421. TECHNICAL CORRECTION RELATING available without charge from the TO RESPONSIBLE AGENCY HEAD. ø(c) ELIMINATION OF REFERENCE TO OBSO- Social Security Administration. øSection 1143 of the Social Security Act (42 LETE 20-DAY AGRICULTURAL WORK TEST.— Section 3102(a) of the Internal Revenue Code Sec. 205. Refusal to recognize certain individ- U.S.C. 1320b–13) is amended— uals as claimant representatives. ø of 1986 is amended by striking ‘‘and the em- (1) by striking ‘‘Secretary’’ the first place Sec. 206. Criminal penalty for corrupt or forc- it appears and inserting ‘‘Commissioner of ployee has not performed agricultural labor for the employer on 20 days or more in the ible interference with administra- Social Security’’; and tion of Social Security Act. ø(2) by striking ‘‘Secretary’’ each subse- calendar year for cash remuneration computed on a time basis’’. Sec. 207. Use of symbols, emblems, or names in quent place it appears and inserting ‘‘Com- reference to social security or ø missioner’’. SEC. 425. TECHNICAL CORRECTION RESPECTING medicare. SELF-EMPLOYMENT INCOME IN øSEC. 422. TECHNICAL CORRECTION RELATING COMMUNITY PROPERTY STATES. Sec. 208. Disqualification from payment during TO RETIREMENT BENEFITS OF MIN- trial work period upon conviction ø(a) SOCIAL SECURITY ACT AMENDMENT.— ISTERS. of fraudulent concealment of ø(a) IN GENERAL.—Section 211(a)(7) of the Section 211(a)(5)(A) of the Social Security Act (42 U.S.C. 411(a)(5)(A)) is amended by work activity. Social Security Act (42 U.S.C. 411(a)(7)) is Sec. 209. Authority for judicial orders of restitu- striking ‘‘all of the gross income’’ and all amended by inserting ‘‘, but shall not in- tion. that follows and inserting ‘‘the gross income clude in any such net earnings from self-em- Sec. 210. Information for administration of pro- and deductions attributable to such trade or ployment the rental value of any parsonage visions related to noncovered em- business shall be treated as the gross income or any parsonage allowance (whether or not ployment. excluded under section 107 of the Internal and deductions of the spouse carrying on Sec. 211. Cross-program recovery of overpay- Revenue Code of 1986) provided after the indi- such trade or business or, if such trade or ments. vidual retires, or any other retirement ben- business is jointly operated, treated as the Sec. 212. Prohibition on payment of title II benefit received by such individual from a gross income and deductions of each spouse efits to persons not authorized to church plan (as defined in section 414(e) of on the basis of their respective distributive work in the United States. share of the gross income and deductions;’’. such Code) after the individual retires’’ be- TITLE III—ATTORNEY REPRESENTATIVE ø(b) INTERNAL REVENUE CODE OF 1986 fore the semicolon. FEE PAYMENT SYSTEM IMPROVEMENTS ø(b) EFFECTIVE DATE.—The amendment AMENDMENT.—Section 1402(a)(5)(A) of the In- Sec. 301. Cap on attorney assessments. made by this section shall apply to years be- ternal Revenue Code of 1986 is amended by Sec. 302. GAO study of fee payment process for ginning before, on, or after December 31, striking ‘‘all of the gross income’’ and all claimant representatives. 1994. that follows and inserting ‘‘the gross income and deductions attributable to such trade or TITLE IV—MISCELLANEOUS AND SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC EMPLOYMENT. business shall be treated as the gross income TECHNICAL AMENDMENTS ø(a) AMENDMENT TO INTERNAL REVENUE and deductions of the spouse carrying on Subtitle A—Amendments Relating to the Ticket CODE.—Section 3121(a)(7)(B) of the Internal such trade or business or, if such trade or to Work and Work Incentives Improvement Revenue Code of 1986 is amended by striking business is jointly operated, treated as the Act of 1999 ‘‘described in subsection (g)(5)’’ and inserting gross income and deductions of each spouse Sec. 401. Elimination of demonstration author- ‘‘on a farm operated for profit’’. on the basis of their respective distributive ity sunset date. ø(b) AMENDMENT TO SOCIAL SECURITY share of the gross income and deductions; Sec. 402. Expansion of waiver authority avail- ¿ ACT.—Section 209(a)(6)(B) of the Social Secu- and’’. able in connection with dem- rity Act (42 U.S.C. 409(a)(6)(B)) is amended SECTION 1. SHORT TITLE AND TABLE OF CON- onstration projects providing for by striking ‘‘described in section 210(f)(5)’’ TENTS. reductions in disability insurance and inserting ‘‘on a farm operated for prof- (a) SHORT TITLE.—This Act may be cited as benefits based on earnings. it’’. the ‘‘Social Security Protection Act of 2003’’. Sec. 403. Funding of demonstration projects ø(c) CONFORMING AMENDMENT.—Section (b) TABLE OF CONTENTS.—The table of con- providing for reductions in dis- 3121(g)(5) of such Code and section 210(f)(5) of tents is as follows: ability insurance benefits based such Act (42 U.S.C. 410(f)(5)) are amended by Sec. 1. Short title and table of contents. on earnings.

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Sec. 404. Availability of Federal and State work (1) REISSUANCE OF BENEFITS.—Section 205(j)(5) misuses all or part of an individual’s benefit incentive services to additional in- of the Social Security Act (42 U.S.C. 405(j)(5)) is paid to such representative payee, the Commis- dividuals. amended by inserting after the first sentence the sioner of Social Security shall pay to the bene- Sec. 405. Technical amendment clarifying treat- following: ‘‘In any case in which a representa- ficiary or the beneficiary’s alternative represent- ment for certain purposes of indi- tive payee that— ative payee an amount equal to the amount of vidual work plans under the Tick- ‘‘(A) is not an individual (regardless of such benefit so misused. The provisions of this et to Work and Self-Sufficiency whether it is a ‘qualified organization’ within subparagraph are subject to the limitations of Program. the meaning of paragraph (4)(B)); or subparagraph (H)(ii).’’. Sec. 406. GAO study regarding the Ticket to ‘‘(B) is an individual who, for any month dur- (2) EXCLUSION OF REISSUED BENEFITS FROM Work and Self-Sufficiency Pro- ing a period when misuse occurs, serves 15 or RESOURCES.—Section 1613(a) of such Act (42 gram. more individuals who are beneficiaries under U.S.C. 1382b(a)) is amended— Subtitle B—Miscellaneous Amendments this title, title VIII, title XVI, or any combina- (A) in paragraph (12), by striking ‘‘and’’ at tion of such titles; the end; Sec. 411. Elimination of transcript requirement (B) in paragraph (13), by striking the period in remand cases fully favorable to misuses all or part of an individual’s benefit paid to such representative payee, the Commis- and inserting ‘‘; and’’; and the claimant. (C) by inserting after paragraph (13) the fol- Sec. 412. Nonpayment of benefits upon removal sioner of Social Security shall certify for payment to the beneficiary or the beneficiary’s allowing: from the United States. ‘‘(14) for the 9-month period beginning after ternative representative payee an amount equal Sec. 413. Reinstatement of certain reporting re- the month in which received, any amount re- to the amount of such benefit so misused. The quirements. ceived by such individual (or spouse) or any provisions of this paragraph are subject to the Sec. 414. Clarification of definitions regarding other person whose income is deemed to be in- limitations of paragraph (7)(B).’’. certain survivor benefits. cluded in such individual’s (or spouse’s) income (2) MISUSE OF BENEFITS DEFINED.—Section Sec. 415. Clarification respecting the FICA and for purposes of this title as restitution for bene- 205(j) of such Act (42 U.S.C. 405(j)) is amended SECA tax exemptions for an indi- fits under this title, title II, or title VIII that a by adding at the end the following: vidual whose earnings are subject representative payee of such individual (or ‘‘(8) For purposes of this subsection, misuse of to the laws of a totalization spouse) or such other person under section benefits by a representative payee occurs in any agreement partner. 205(j), 807, or 1631(a)(2) has misused.’’. case in which the representative payee receives Sec. 416. Coverage under divided retirement sys- (3) MISUSE OF BENEFITS DEFINED.—Section tem for public employees. payment under this title for the use and benefit 1631(a)(2)(A) of such Act (42 Sec. 417. Compensation for the Social Security of another person and converts such payment, U.S.C. 1383(a)(2)(A)) is amended by adding at Advisory Board. or any part thereof, to a use other than for the the end the following: Sec. 418. 60-month period of employment re- use and benefit of such other person. The Com- ‘‘(iv) For purposes of this paragraph, misuse quirement for government pension missioner of Social Security may prescribe by of benefits by a representative payee occurs in offset exemption. regulation the meaning of the term ‘use and any case in which the representative payee re- Sec. 419. Post-1956 Military Wage Credits. benefit’ for purposes of this paragraph.’’. ceives payment under this title for the use and Subtitle C—Technical Amendments (b) TITLE VIII AMENDMENTS.— benefit of another person and converts such (1) REISSUANCE OF BENEFITS.—Section 807(i)(1) Sec. 421. Technical correction relating to repayment, or any part thereof, to a use other of the Social Security Act (42 U.S.C. 1007(i)) (as sponsible agency head. than for the use and benefit of such other per- amended by section 209(b)(1) of this Act) is Sec. 422. Technical correction relating to retire- son. The Commissioner of Social Security may amended further by inserting after the first sen- ment benefits of ministers. prescribe by regulation the meaning of the term Sec. 423. Technical corrections relating to do- tence the following: ‘‘In any case in which a ‘use and benefit’ for purposes of this clause.’’. mestic employment. representative payee that— (d) EFFECTIVE DATE.—The amendments made Sec. 424. Technical corrections of outdated ref- ‘‘(A) is not an individual; or by this section shall apply to any case of benefit ‘‘(B) is an individual who, for any month dur- erences. misuse by a representative payee with respect to Sec. 425. Technical correction respecting self- ing a period when misuse occurs, serves 15 or which the Commissioner of Social Security employment income in community more individuals who are beneficiaries under makes the determination of misuse on or after property States. this title, title II, title XVI, or any combination January 1, 1995. of such titles; Sec. 426. Technical amendments to the Railroad SEC. 102. OVERSIGHT OF REPRESENTATIVE PAY- Retirement and Survivors Im- misuses all or part of an individual’s benefit EES. provement Act of 2001. paid to such representative payee, the Commis- (a) CERTIFICATION OF BONDING AND LICENSING sioner of Social Security shall pay to the bene- Subtitle D—Amendments Related to Title XVI REQUIREMENTS FOR NONGOVERNMENTAL ORGANI- ficiary or the beneficiary’s alternative represent- ZATIONAL REPRESENTATIVE PAYEES.— Sec. 430. Exclusion from income for certain in- ative payee an amount equal to the amount of (1) TITLE II AMENDMENTS.—Section 205(j) of frequent or irregular income and such benefit so misused. The provisions of this the Social Security Act (42 U.S.C. 405(j)) is certain interest or dividend in- paragraph are subject to the limitations of sub- amended— come. section (l)(2).’’. (A) in paragraph (2)(C)(v), by striking ‘‘a Sec. 431. Uniform 9-month resource exclusion (2) MISUSE OF BENEFITS DEFINED.—Section 807 community-based nonprofit social service agen- periods. of such Act (42 U.S.C. 1007) is amended by add- cy licensed or bonded by the State’’ in subclause Sec. 432. Modification of dedicated account re- ing at the end the following: (I) and inserting ‘‘a certified community-based quirements. ‘‘(j) MISUSE OF BENEFITS.—For purposes of nonprofit social service agency (as defined in Sec. 433. Elimination of certain restrictions on this title, misuse of benefits by a representative paragraph (9))’’; the application of the student payee occurs in any case in which the rep- (B) in paragraph (3)(F), by striking ‘‘commu- earned income exclusion. resentative payee receives payment under this nity-based nonprofit social service agencies’’ Sec. 434. Exclusion of Americorps and other vol- title for the use and benefit of another person and inserting ‘‘certified community-based non- unteer benefits for purposes of de- under this title and converts such payment, or profit social service agencies (as defined in termining supplemental security any part thereof, to a use other than for the use paragraph (9))’’; income eligibility and benefit and benefit of such person. The Commissioner of (C) in paragraph (4)(B), by striking ‘‘any amounts and social security dis- Social Security may prescribe by regulation the community-based nonprofit social service agen- ability insurance entitlement. meaning of the term ‘use and benefit’ for pur- cy which is bonded or licensed in each State in Sec. 435. Exception to retrospective monthly ac- poses of this subsection.’’. which it serves as a representative payee’’ and counting for nonrecurring income. (3) TECHNICAL AMENDMENT.—Section 807(a) of inserting ‘‘any certified community-based non- Sec. 436. Removal of restriction on payment of such Act (42 U.S.C. 1007(a)) is amended, in the profit social service agency (as defined in para- benefits to children who are born first sentence, by striking ‘‘for his or her ben- graph (9))’’; and or who become blind or disabled efit’’ and inserting ‘‘for his or her use and ben- (D) by adding after paragraph (8) (as added after their military parents are efit’’. by section 101(a)(2) of this Act) the following: stationed overseas. (c) TITLE XVI AMENDMENTS.— ‘‘(9) For purposes of this subsection, the term Sec. 437. Treatment of education-related income (1) REISSUANCE OF BENEFITS.—Section ‘certified community-based nonprofit social serv- and resources. 1631(a)(2)(E) of such Act (42 ice agency’ means a community-based nonprofit Sec. 438. Monthly treatment of uniformed serv- U.S.C. 1383(a)(2)(E)) is amended by inserting social service agency which is in compliance ice compensation. after the first sentence the following: ‘‘In any with requirements, under regulations which Sec. 439. Update of resource limits. case in which a representative payee that— shall be prescribed by the Commissioner, for an- Sec. 440. Review of State agency blindness and ‘‘(i) is not an individual (regardless of wheth- nual certification to the Commissioner that it is disability determinations. er it is a ‘qualified organization’ within the bonded in accordance with requirements speci- TITLE I—PROTECTION OF BENEFICIARIES meaning of subparagraph (D)(ii)); or fied by the Commissioner and that it is licensed Subtitle A—Representative Payees ‘‘(ii) is an individual who, for any month dur- in each State in which it serves as a representa- SEC. 101. AUTHORITY TO REISSUE BENEFITS MIS- ing a period when misuse occurs, serves 15 or tive payee (if licensing is available in the State) USED BY ORGANIZATIONAL REP- more individuals who are beneficiaries under in accordance with requirements specified by RESENTATIVE PAYEES. this title, title II, title VIII, or any combination the Commissioner. Any such annual certifi- (a) TITLE II AMENDMENTS.— of such titles; cation shall include a copy of any independent

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16170 CONGRESSIONAL RECORD — SENATE December 9, 2003 audit on the agency which may have been per- ‘‘(iv) the number of cases involving the exer- ‘‘(II) the representative payee is a certified formed since the previous certification.’’. cise of expedited, targeted oversight of the rep- community-based nonprofit social service agen- (2) TITLE XVI AMENDMENTS.—Section resentative payee by the Commissioner con- cy (as defined in subparagraph (I) of this para- 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is ducted upon receipt of an allegation of misuse graph or section 205(j)(9)); or amended— of funds, failure to pay a vendor, or a similar ir- ‘‘(III) the representative payee is an agency (A) in subparagraph (B)(vii), by striking ‘‘a regularity; (other than an agency described in subclause community-based nonprofit social service agen- ‘‘(v) the number of cases discovered in which (II)) that serves in that capacity with respect to cy licensed or bonded by the State’’ in subclause there was a misuse of funds; 50 or more such individuals. (I) and inserting ‘‘a certified community-based ‘‘(vi) how any such cases of misuse of funds ‘‘(ii) Within 120 days after the end of each fis- nonprofit social service agency (as defined in were dealt with by the Commissioner; cal year, the Commissioner shall submit to the subparagraph (I))’’; ‘‘(vii) the final disposition of such cases of Committee on Ways and Means of the House of (B) in subparagraph (D)(ii)— misuse of funds, including any criminal pen- Representatives and the Committee on Finance (i) by striking ‘‘or any community-based’’ and alties imposed; and of the Senate a report on the results of periodic all that follows through ‘‘in accordance’’ in ‘‘(viii) such other information as the Commis- onsite reviews conducted during the fiscal year subclause (II) and inserting ‘‘or any certified sioner deems appropriate.’’. pursuant to clause (i) and of any other reviews community-based nonprofit social service agen- (2) TITLE VIII AMENDMENT.—Section 807 of of representative payees conducted during such cy (as defined in subparagraph (I)), if the agen- such Act (as amended by section 101(b)(2) of this fiscal year in connection with benefits under cy, in accordance’’; Act) is amended further by adding at the end this title. Each such report shall describe in de- (ii) by redesignating items (aa) and (bb) as the following: tail all problems identified in the reviews and subclauses (I) and (II), respectively (and adjust- ‘‘(k) PERIODIC ONSITE REVIEW.— any corrective action taken or planned to be ing the margins accordingly); and ‘‘(1) IN GENERAL.—In addition to such other (iii) by striking ‘‘subclause (II)(bb)’’ and in- reviews of representative payees as the Commis- taken to correct the problems, and shall inserting ‘‘subclause (II)’’; and sioner of Social Security may otherwise conduct, clude— (C) by adding at the end the following: the Commissioner may provide for the periodic ‘‘(I) the number of the reviews; ‘‘(I) For purposes of this paragraph, the term onsite review of any person or agency that re- ‘‘(II) the results of such reviews; ‘‘(III) the number of cases in which the rep- ‘certified community-based nonprofit social serv- ceives the benefits payable under this title resentative payee was changed and why; ice agency’ means a community-based nonprofit (alone or in combination with benefits payable ‘‘(IV) the number of cases involving the exer- social service agency which is in compliance under title II or title XVI) to another individual cise of expedited, targeted oversight of the rep- with requirements, under regulations which pursuant to the appointment of such person or resentative payee by the Commissioner con- shall be prescribed by the Commissioner, for an- agency as a representative payee under this sec- ducted upon receipt of an allegation of misuse nual certification to the Commissioner that it is tion, section 205(j), or section 1631(a)(2) in any of funds, failure to pay a vendor, or a similar ir- bonded in accordance with requirements speci- case in which— fied by the Commissioner and that it is licensed ‘‘(A) the representative payee is a person who regularity; in each State in which it serves as a representa- serves in that capacity with respect to 15 or ‘‘(V) the number of cases discovered in which tive payee (if licensing is available in the State) more such individuals; or there was a misuse of funds; in accordance with requirements specified by ‘‘(B) the representative payee is an agency ‘‘(VI) how any such cases of misuse of funds the Commissioner. Any such annual certifi- that serves in that capacity with respect to 50 or were dealt with by the Commissioner; cation shall include a copy of any independent more such individuals. ‘‘(VII) the final disposition of such cases of audit on the agency which may have been per- ‘‘(2) REPORT.—Within 120 days after the end misuse of funds, including any criminal pen- formed since the previous certification.’’. of each fiscal year, the Commissioner shall sub- alties imposed; and (3) EFFECTIVE DATE.—The amendments made mit to the Committee on Ways and Means of the ‘‘(VIII) such other information as the Commis- by this subsection shall take effect on the first House of Representatives and the Committee on sioner deems appropriate.’’. day of the thirteenth month beginning after the Finance of the Senate a report on the results of SEC. 103. DISQUALIFICATION FROM SERVICE AS date of the enactment of this Act. periodic onsite reviews conducted during the fis- REPRESENTATIVE PAYEE OF PER- (b) PERIODIC ONSITE REVIEW.— cal year pursuant to paragraph (1) and of any SONS CONVICTED OF OFFENSES RE- (1) TITLE II AMENDMENT.—Section 205(j)(6) of other reviews of representative payees con- SULTING IN IMPRISONMENT FOR such Act (42 U.S.C. 405(j)(6)) is amended to read MORE THAN 1 YEAR OR FLEEING ducted during such fiscal year in connection PROSECUTION, CUSTODY, OR CON- as follows: with benefits under this title. Each such report FINEMENT. ‘‘(6)(A) In addition to such other reviews of shall describe in detail all problems identified in (a) TITLE II AMENDMENTS.—Section 205(j)(2) representative payees as the Commissioner of such reviews and any corrective action taken or of the Social Security Act (42 U.S.C. 405(j)(2)) is Social Security may otherwise conduct, the planned to be taken to correct such problems, amended— Commissioner shall provide for the periodic on- and shall include— (1) in subparagraph (B)(i)— site review of any person or agency located in ‘‘(A) the number of such reviews; (A) by striking ‘‘and’’ at the end of subclause the United States that receives the benefits pay- ‘‘(B) the results of such reviews; (III); able under this title (alone or in combination ‘‘(C) the number of cases in which the rep- (B) by redesignating subclause (IV) as sub- with benefits payable under title VIII or title resentative payee was changed and why; clause (VI); and ‘‘(D) the number of cases involving the exer- XVI) to another individual pursuant to the ap- (C) by inserting after subclause (III) the fol- cise of expedited, targeted oversight of the rep- pointment of such person or agency as a rep- lowing: resentative payee by the Commissioner con- resentative payee under this subsection, section ‘‘(IV) obtain information concerning whether ducted upon receipt of an allegation of misuse 807, or section 1631(a)(2) in any case in which— such person has been convicted of any other of- ‘‘(i) the representative payee is a person who of funds, failure to pay a vendor, or a similar ir- fense under Federal or State law which resulted serves in that capacity with respect to 15 or regularity; in imprisonment for more than 1 year, more such individuals; ‘‘(E) the number of cases discovered in which ‘‘(ii) the representative payee is a certified there was a misuse of funds; ‘‘(V) obtain information concerning whether community-based nonprofit social service agen- ‘‘(F) how any such cases of misuse of funds such person is a person described in section cy (as defined in paragraph (9) of this sub- were dealt with by the Commissioner; 202(x)(1)(A)(iv), and’’; section or section 1631(a)(2)(I)); or ‘‘(G) the final disposition of such cases of mis- (2) in subparagraph (B), by adding at the end ‘‘(iii) the representative payee is an agency use of funds, including any criminal penalties the following: (other than an agency described in clause (ii)) imposed; and ‘‘(iii) Notwithstanding the provisions of sec- that serves in that capacity with respect to 50 or ‘‘(H) such other information as the Commis- tion 552a of title 5, United States Code, or any more such individuals. sioner deems appropriate.’’. other provision of Federal or State law (other ‘‘(B) Within 120 days after the end of each fis- (3) TITLE XVI AMENDMENT.—Section than section 6103 of the Internal Revenue Code cal year, the Commissioner shall submit to the 1631(a)(2)(G) of such Act (42 of 1986 and section 1106(c) of this Act), the Com- Committee on Ways and Means of the House of U.S.C. 1383(a)(2)(G)) is amended to read as fol- missioner shall furnish any Federal, State, or Representatives and the Committee on Finance lows: local law enforcement officer, upon the written of the Senate a report on the results of periodic ‘‘(G)(i) In addition to such other reviews of request of the officer, with the current address, onsite reviews conducted during the fiscal year representative payees as the Commissioner of social security account number, and photograph pursuant to subparagraph (A) and of any other Social Security may otherwise conduct, the (if applicable) of any person investigated under reviews of representative payees conducted dur- Commissioner shall provide for the periodic on- this paragraph, if the officer furnishes the Com- ing such fiscal year in connection with benefits site review of any person or agency that receives missioner with the name of such person and under this title. Each such report shall describe the benefits payable under this title (alone or in such other identifying information as may rea- in detail all problems identified in such reviews combination with benefits payable under title II sonably be required by the Commissioner to es- and any corrective action taken or planned to or title VIII) to another individual pursuant to tablish the unique identity of such person, and be taken to correct such problems, and shall in- the appointment of the person or agency as a notifies the Commissioner that— clude— representative payee under this paragraph, sec- ‘‘(I) such person is described in section ‘‘(i) the number of such reviews; tion 205(j), or section 807 in any case in which— 202(x)(1)(A)(iv), ‘‘(ii) the results of such reviews; ‘‘(I) the representative payee is a person who ‘‘(II) such person has information that is nec- ‘‘(iii) the number of cases in which the rep- serves in that capacity with respect to 15 or essary for the officer to conduct the officer’s of- resentative payee was changed and why; more such individuals; ficial duties, and

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16171 ‘‘(III) the location or apprehension of such ‘‘(V) obtain information concerning whether (1) in the first sentence, by striking ‘‘A’’ and person is within the officer’s official duties.’’; such person is a person described in section inserting ‘‘Except as provided in the next sen- (3) in subparagraph (C)(i)(II)— 1611(e)(4)(A); and’’; tence, a’’; and (A) by striking ‘‘subparagraph (B)(i)(IV),,’’ (2) in clause (iii)(II)— (2) in the second sentence, by striking ‘‘The and inserting ‘‘subparagraph (B)(i)(VI)’’; and (A) by striking ‘‘clause (ii)(IV)’’ and inserting Commissioner’’ and inserting the following: ‘‘A (B) by striking ‘‘section 1631(a)(2)(B)(ii)(IV)’’ ‘‘clause (ii)(VI)’’; and qualified organization may not collect a fee from and inserting ‘‘section 1631(a)(2)(B)(ii)(VI)’’; (B) by striking ‘‘section 205(j)(2)(B)(i)(IV)’’ an individual for any month with respect to and and inserting ‘‘section 205(j)(2)(B)(i)(VI)’’; which the Commissioner of Social Security or a (4) in subparagraph (C)(i)— (3) in clause (iii)— court of competent jurisdiction has determined (A) by striking ‘‘or’’ at the end of subclause (A) by striking ‘‘or’’ at the end of subclause that the organization misused all or part of the (II); (II); individual’s benefit, and any amount so col- (B) by striking the period at the end of sub- (B) by striking the period at the end of sub- lected by the qualified organization for such clause (III) and inserting a semicolon; and clause (III) and inserting a comma; and month shall be treated as a misused part of the (C) by adding at the end the following: (C) by adding at the end the following: individual’s benefit for purposes of subpara- ‘‘(IV) such person has previously been con- ‘‘(IV) the person has previously been convicted as described in clause (ii)(IV) of this sub- graphs (E) and (F). The Commissioner’’. victed as described in subparagraph (B)(i)(IV), (c) EFFECTIVE DATE.—The amendments made paragraph, unless the Commissioner determines unless the Commissioner determines that such by this section shall apply to any month involv- that the payment would be appropriate notwith- certification would be appropriate notwith- ing benefit misuse by a representative payee in standing the conviction; or standing such conviction, or any case with respect to which the Commis- ‘‘(V) such person is person described in sec- ‘‘(V) such person is a person described in section 1611(e)(4)(A).’’; and sioner of Social Security or a court of competent tion 202(x)(1)(A)(iv).’’. jurisdiction makes the determination of misuse (b) TITLE VIII AMENDMENTS.—Section 807 of (4) by adding at the end the following: after 180 days after the date of the enactment of such Act (42 U.S.C. 1007) is amended— ‘‘(xiv) Notwithstanding the provisions of sec- this Act. (1) in subsection (b)(2)— tion 552a of title 5, United States Code, or any (A) by striking ‘‘and’’ at the end of subpara- other provision of Federal or State law (other SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. graph (C); than section 6103 of the Internal Revenue Code (B) by redesignating subparagraph (D) as sub- of 1986 and section 1106(c) of this Act), the Com- (a) TITLE II AMENDMENTS.—Section 205(j) of paragraph (F); and missioner shall furnish any Federal, State, or the Social Security Act (42 U.S.C. 405(j)) (as (C) by inserting after subparagraph (C) the local law enforcement officer, upon the written amended by sections 101 and 102) is amended following: request of the officer, with the current address, further— ‘‘(D) obtain information concerning whether social security account number, and photograph (1) by redesignating paragraphs (7), (8), and such person has been convicted of any other of- (if applicable) of any person investigated under (9) as paragraphs (8), (9), and (10), respectively; (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), fense under Federal or State law which resulted this subparagraph, if the officer furnishes the by striking ‘‘paragraph (9)’’ and inserting in imprisonment for more than 1 year; Commissioner with the name of such person and ‘‘(E) obtain information concerning whether such other identifying information as may rea- ‘‘paragraph (10)’’; (3) in paragraph (6)(A)(ii), by striking ‘‘para- such person is a person described in section sonably be required by the Commissioner to es- graph (9)’’ and inserting ‘‘paragraph (10)’’; and 804(a)(2); and’’; tablish the unique identity of such person, and (4) by inserting after paragraph (6) the fol- (2) in subsection (b), by adding at the end the notifies the Commissioner that— lowing: following: ‘‘(I) such person is described in section ‘‘(7)(A) If the Commissioner of Social Security ‘‘(3) Notwithstanding the provisions of section 1611(e)(4)(A), or a court of competent jurisdiction determines 552a of title 5, United States Code, or any other ‘‘(II) such person has information that is nec- that a representative payee that is not a Fed- provision of Federal or State law (other than essary for the officer to conduct the officer’s of- eral, State, or local government agency has mis- section 6103 of the Internal Revenue Code of ficial duties, and used all or part of an individual’s benefit that 1986 and section 1106(c) of this Act), the Com- ‘‘(III) the location or apprehension of such was paid to such representative payee under missioner shall furnish any Federal, State, or person is within the officer’s official duties.’’. this subsection, the representative payee shall local law enforcement officer, upon the written (d) EFFECTIVE DATE.—The amendments made be liable for the amount misused, and such request of the officer, with the current address, by this section shall take effect on the first day amount (to the extent not repaid by the rep- social security account number, and photograph of the thirteenth month beginning after the date resentative payee) shall be treated as an over- (if applicable) of any person investigated under of the enactment of this Act. payment of benefits under this title to the rep- this subsection, if the officer furnishes the Com- (e) REPORT TO CONGRESS.—The Commissioner resentative payee for all purposes of this Act missioner with the name of such person and of Social Security, in consultation with the In- and related laws pertaining to the recovery of such other identifying information as may rea- spector General of the Social Security Adminis- such overpayments. Subject to subparagraph sonably be required by the Commissioner to es- tration, shall prepare a report evaluating (B), upon recovering all or any part of such tablish the unique identity of such person, and whether the existing procedures and reviews for amount, the Commissioner shall certify an notifies the Commissioner that— the qualification (including disqualification) of amount equal to the recovered amount for pay- ‘‘(A) such person is described in section representative payees are sufficient to enable ment to such individual or such individual’s al- 804(a)(2), the Commissioner to protect benefits from being ‘‘(B) such person has information that is nec- misused by representative payees. The Commis- ternative representative payee. ‘‘(B) The total of the amount certified for pay- essary for the officer to conduct the officer’s of- sioner shall submit the report to the Committee ment to such individual or such individual’s al- ficial duties, and on Ways and Means of the House of Represent- ‘‘(C) the location or apprehension of such per- atives and the Committee on Finance of the Sen- ternative representative payee under subpara- son is within the officer’s official duties.’’; and ate no later than 270 days after the date of the graph (A) and the amount certified for payment (3) in subsection (d)(1)— enactment of this Act. The Commissioner shall under paragraph (5) may not exceed the total (A) by striking ‘‘or’’ at the end of subpara- include in such report any recommendations benefit amount misused by the representative graph (B); that the Commissioner considers appropriate. payee with respect to such individual.’’. (B) by striking the period at the end of sub- SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT (b) TITLE VIII AMENDMENT.—Section 807 of paragraph (C) and inserting a semicolon; and MISUSE BY REPRESENTATIVE PAY- such Act (as amended by section 102(b)(2)) is (C) by adding at the end the following: EES. amended further by adding at the end the fol- ‘‘(D) such person has previously been con- (a) TITLE II AMENDMENTS.—Section lowing: victed as described in subsection (b)(2)(D), un- 205(j)(4)(A)(i) of the Social Security Act (42 ‘‘(l) LIABILITY FOR MISUSED AMOUNTS.— less the Commissioner determines that such pay- U.S.C. 405(j)(4)(A)(i)) is amended— ‘‘(1) IN GENERAL.—If the Commissioner of So- ment would be appropriate notwithstanding (1) in the first sentence, by striking ‘‘A’’ and cial Security or a court of competent jurisdiction such conviction; or inserting ‘‘Except as provided in the next sen- determines that a representative payee that is ‘‘(E) such person is a person described in sec- tence, a’’; and not a Federal, State, or local government agency tion 804(a)(2).’’. (2) in the second sentence, by striking ‘‘The has misused all or part of a qualified individ- (c) TITLE XVI AMENDMENTS.—Section Secretary’’ and inserting the following: ‘‘A ual’s benefit that was paid to such representa- 1631(a)(2)(B) of such Act (42 qualified organization may not collect a fee from tive payee under this section, the representative U.S.C. 1383(a)(2)(B)) is amended— an individual for any month with respect to payee shall be liable for the amount misused, (1) in clause (ii)— which the Commissioner of Social Security or a and such amount (to the extent not repaid by (A) by striking ‘‘and’’ at the end of subclause court of competent jurisdiction has determined the representative payee) shall be treated as an (III); that the organization misused all or part of the overpayment of benefits under this title to the (B) by redesignating subclause (IV) as sub- individual’s benefit, and any amount so col- representative payee for all purposes of this Act clause (VI); and lected by the qualified organization for such and related laws pertaining to the recovery of (C) by inserting after subclause (III) the fol- month shall be treated as a misused part of the such overpayments. Subject to paragraph (2), lowing: individual’s benefit for purposes of paragraphs upon recovering all or any part of such amount, ‘‘(IV) obtain information concerning whether (5) and (6). The Commissioner’’. the Commissioner shall make payment of an the person has been convicted of any other of- (b) TITLE XVI AMENDMENTS.—Section amount equal to the recovered amount to such fense under Federal or State law which resulted 1631(a)(2)(D)(i) of such Act (42 qualified individual or such qualified individ- in imprisonment for more than 1 year; U.S.C. 1383(a)(2)(D)(i)) is amended— ual’s alternative representative payee.

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‘‘(2) LIMITATION.—The total of the amount such person and the qualified individual, re- (A) by striking ‘‘who’’ in the first sentence paid to such individual or such individual’s al- quire that such person appear in person at a and inserting ‘‘who—’’; ternative representative payee under paragraph United States Government facility designated by (B) by striking ‘‘makes’’ in the first sentence (1) and the amount paid under subsection (i) the Social Security Administration as serving and all that follows through ‘‘shall be subject may not exceed the total benefit amount misused the area in which the qualified individual re- to,’’ and inserting the following: by the representative payee with respect to such sides in order to receive such benefit pay- ‘‘(A) makes, or causes to be made, a statement individual.’’. ments.’’. or representation of a material fact, for use in (c) TITLE XVI AMENDMENTS.—Section (c) TITLE XVI AMENDMENT.—Section determining any initial or continuing right to or 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) (as 1631(a)(2)(C) of such Act (42 the amount of monthly insurance benefits under amended by section 102(b)(3)) is amended fur- U.S.C. 1383(a)(2)(C)) is amended by adding at title II or benefits or payments under title VIII ther— the end the following: or XVI, that the person knows or should know (1) in subparagraph (G)(i)(II), by striking ‘‘(v) In any case in which the person de- is false or misleading, ‘‘section 205(j)(9)’’ and inserting ‘‘section scribed in clause (i) or (iv) receiving payments ‘‘(B) makes such a statement or representation 205(j)(10)’’; and on behalf of another fails to submit a report re- for such use with knowing disregard for the (2) by striking subparagraph (H) and inserting quired by the Commissioner of Social Security truth, or the following: under clause (i) or (iv), the Commissioner may, ‘‘(C) omits from a statement or representation ‘‘(H)(i) If the Commissioner of Social Security after furnishing notice to the person and the infor such use, or otherwise withholds disclosure or a court of competent jurisdiction determines dividual entitled to the payment, require that of, a fact which the person knows or should that a representative payee that is not a Fed- such person appear in person at a field office of know is material to the determination of any eral, State, or local government agency has mis- the Social Security Administration serving the initial or continuing right to or the amount of used all or part of an individual’s benefit that area in which the individual resides in order to monthly insurance benefits under title II or ben- was paid to the representative payee under this receive such payments.’’. efits or payments under title VIII or XVI, if the paragraph, the representative payee shall be lia- (d) EFFECTIVE DATE.—The amendments made person knows, or should know, that the state- ble for the amount misused, and the amount (to by this section shall take effect 180 days after ment or representation with such omission is the extent not repaid by the representative the date of the enactment of this Act. false or misleading or that the withholding of payee) shall be treated as an overpayment of SEC. 107. SURVEY OF USE OF PAYMENTS BY REP- such disclosure is misleading, benefits under this title to the representative RESENTATIVE PAYEES. shall be subject to,’’; payee for all purposes of this Act and related (a) IN GENERAL.—Section 1110 of the Social (C) by inserting ‘‘or each receipt of such bene- laws pertaining to the recovery of the overpay- Security Act (42 U.S.C. 1310) is amended by add- fits or payments while withholding disclosure of ments. Subject to clause (ii), upon recovering all ing at the end the following: such fact’’ after ‘‘each such statement or rep- or any part of the amount, the Commissioner ‘‘(c) Notwithstanding subsection (a)(1), of the resentation’’ in the first sentence; shall make payment of an amount equal to the amount appropriated to carry out that sub- (D) by inserting ‘‘or because of such with- recovered amount to such individual or such in- section for fiscal year 2004, $17,800,000 of such holding of disclosure of a material fact’’ after dividual’s alternative representative payee. amount shall be transferred and made available ‘‘because of such statement or representation’’ ‘‘(ii) The total of the amount paid to such in- to the Inspector General of the Social Security in the second sentence; and dividual or such individual’s alternative rep- Administration for purposes of conducting a sta- (E) by inserting ‘‘or such a withholding of dis- resentative payee under clause (i) and the tistically significant survey to determine how closure’’ after ‘‘such a statement or representa- amount paid under subparagraph (E) may not payments made to individuals, organizations, tion’’ in the second sentence. exceed the total benefit amount misused by the and State or local government agencies that are (2) ADMINISTRATIVE PROCEDURE FOR IMPOSING representative payee with respect to such indi- representative payees for benefits paid under PENALTIES.—Section 1129A(a) of such Act (42 vidual.’’. title II or XVI are being managed and used on U.S.C. 1320a–8a(a)) is amended— (d) EFFECTIVE DATE.—The amendments made behalf of the beneficiaries for whom such bene- (A) by striking ‘‘who’’ the first place it ap- by this section shall apply to benefit misuse by fits are paid. Not later than February 1, 2005, pears and inserting ‘‘who—’’; and a representative payee in any case with respect the Inspector General of the Social Security Ad- (B) by striking ‘‘makes’’ and all that follows to which the Commissioner of Social Security or ministration shall submit a report on the survey through ‘‘shall be subject to,’’ and inserting the a court of competent jurisdiction makes the de- conducted in accordance with this subsection to following: termination of misuse after 180 days after the the Committee on Ways and Means of the House ‘‘(1) makes, or causes to be made, a statement date of the enactment of this Act. of Representatives and the Committee on Fi- or representation of a material fact, for use in SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF nance of the Senate.’’. determining any initial or continuing right to or BENEFIT PAYMENTS WHEN A REP- Subtitle B—Enforcement the amount of monthly insurance benefits under RESENTATIVE PAYEE FAILS TO PRO- SEC. 111. CIVIL MONETARY PENALTY AUTHORITY title II or benefits or payments under title XVI VIDE REQUIRED ACCOUNTING. WITH RESPECT TO WRONGFUL CON- that the person knows or should know is false (a) TITLE II AMENDMENTS.—Section 205(j)(3) VERSIONS BY REPRESENTATIVE PAY- or misleading, of the Social Security Act (42 U.S.C. 405(j)(3)) EES. ‘‘(2) makes such a statement or representation (as amended by sections 102(a)(1)(B) and (a) IN GENERAL.—Section 1129(a) of the Social for such use with knowing disregard for the 105(a)(2)) is amended— Security Act (42 U.S.C. 1320a–8) is amended by truth, or (1) by redesignating subparagraphs (E) and adding at the end the following: ‘‘(3) omits from a statement or representation (F) as subparagraphs (F) and (G), respectively; ‘‘(3) Any person (including an organization, for such use, or otherwise withholds disclosure and agency, or other entity) who, having received, of, a fact which the person knows or should (2) by inserting after subparagraph (D) the while acting in the capacity of a representative know is material to the determination of any following: payee pursuant to section 205(j), 807, or initial or continuing right to or the amount of ‘‘(E) In any case in which the person de- 1631(a)(2), a payment under title II, VIII, or monthly insurance benefits under title II or ben- scribed in subparagraph (A) or (D) receiving XVI for the use and benefit of another indi- efits or payments under title XVI, if the person payments on behalf of another fails to submit a vidual, converts such payment, or any part knows, or should know, that the statement or report required by the Commissioner of Social thereof, to a use that such person knows or representation with such omission is false or Security under subparagraph (A) or (D), the should know is other than for the use and ben- misleading or that the withholding of such dis- Commissioner may, after furnishing notice to efit of such other individual shall be subject to, closure is misleading, such person and the individual entitled to such in addition to any other penalties that may be shall be subject to,’’. payment, require that such person appear in prescribed by law, a civil money penalty of not (b) CLARIFICATION OF TREATMENT OF RECOV- person at a field office of the Social Security more than $5,000 for each such conversion. Such ERED AMOUNTS.—Section 1129(e)(2)(B) of such Administration serving the area in which the in- person shall also be subject to an assessment, in Act (42 U.S.C. 1320a–8(e)(2)(B)) is amended by dividual resides in order to receive such pay- lieu of damages sustained by the United States striking ‘‘In the case of amounts recovered aris- ments.’’. resulting from the conversion, of not more than ing out of a determination relating to title VIII (b) TITLE VIII AMENDMENTS.—Section 807(h) twice the amount of any payments so con- or XVI,’’ and inserting ‘‘In the case of any of such Act (42 U.S.C. 1007(h)) is amended— verted.’’. other amounts recovered under this section,’’. (1) by redesignating paragraphs (3) and (4) as (b) EFFECTIVE DATE.—The amendment made (c) CONFORMING AMENDMENTS.— paragraphs (4) and (5), respectively; and by this section shall apply with respect to viola- (1) Section 1129(b)(3)(A) of such Act (42 (2) by inserting after paragraph (2) the fol- tions committed after the date of the enactment U.S.C. 1320a–8(b)(3)(A)) is amended by striking lowing: of this Act. ‘‘charging fraud or false statements’’. ‘‘(3) AUTHORITY TO REDIRECT DELIVERY OF TITLE II—PROGRAM PROTECTIONS (2) Section 1129(c)(1) of such Act (42 BENEFIT PAYMENTS WHEN A REPRESENTATIVE SEC. 201. CIVIL MONETARY PENALTY AUTHORITY U.S.C. 1320a–8(c)(1)) is amended by striking PAYEE FAILS TO PROVIDE REQUIRED ACCOUNT- WITH RESPECT TO WITHHOLDING OF ‘‘and representations’’ and inserting ‘‘, rep- ING.—In any case in which the person described MATERIAL FACTS. resentations, or actions’’. in paragraph (1) or (2) receiving benefit pay- (a) TREATMENT OF WITHHOLDING OF MATE- (3) Section 1129(e)(1)(A) of such Act (42 ments on behalf of a qualified individual fails to RIAL FACTS.— U.S.C. 1320a–8(e)(1)(A)) is amended by striking submit a report required by the Commissioner of (1) CIVIL PENALTIES.—Section 1129(a)(1) of the ‘‘statement or representation referred to in sub- Social Security under paragraph (1) or (2), the Social Security Act (42 U.S.C. 1320a–8(a)(1)) is section (a) was made’’ and inserting ‘‘violation Commissioner may, after furnishing notice to amended— occurred’’.

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(d) EFFECTIVE DATE.—The amendments made the officer to conduct the officer’s official du- the content of such notice and its placement, by this section shall apply with respect to viola- ties; and visibility, and legibility. tions committed after the date on which the ‘‘(iii) the location or apprehension of the ben- ‘‘(B) Subparagraph (A) shall not apply to any Commissioner of Social Security implements the eficiary is within the officer’s official duties.’’. offer— centralized computer file described in section (b) CONFORMING AMENDMENTS TO TITLE ‘‘(i) to serve as a claimant representative in 202. XVI.—Section 1611(e) of the Social Security Act connection with a claim arising under title II, SEC. 202. ISSUANCE BY COMMISSIONER OF SO- (42 U.S.C. 1382(e)) is amended— title VIII, or title XVI; or CIAL SECURITY OF RECEIPTS TO AC- (1) in paragraph (4)— ‘‘(ii) to prepare, or assist in the preparation KNOWLEDGE SUBMISSION OF RE- (A) in subparagraph (A), by striking ‘‘or of, an individual’s plan for achieving self-sup- PORTS OF CHANGES IN WORK OR which, in the case of the State of port under title XVI.’’; and EARNINGS STATUS OF DISABLED New Jersey, is a high misdemeanor under the (2) in the heading, by striking ‘‘PROHIBITION BENEFICIARIES. laws of such State’’ and inserting ‘‘or, in juris- OF MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN Effective as soon as possible, but not later dictions that do not define crimes as felonies, is REFERENCE’’ and inserting ‘‘PROHIBITIONS RE- than 1 year after the date of the enactment of punishable by death or imprisonment for a term LATING TO REFERENCES’’. this Act, until such time as the Commissioner of exceeding 1 year regardless of the actual sen- (b) EFFECTIVE DATE.—The amendments made Social Security implements a centralized com- tence imposed, and a Federal, State, or local law by this section shall apply to offers of assistance puter file recording the date of the submission of enforcement agency has notified the Commis- made after the sixth month ending after the information by a disabled beneficiary (or rep- sioner of Social Security that the agency intends Commissioner of Social Security promulgates resentative) regarding a change in the bene- to pursue the person by seeking arrest, extra- final regulations prescribing the standards ap- ficiary’s work or earnings status, the Commis- dition, or prosecution’’; plicable to the notice required to be provided in sioner shall issue a receipt to the disabled bene- (B) in subparagraph (B), by inserting ‘‘and a connection with such offer. The Commissioner ficiary (or representative) each time he or she Federal, State, or local law enforcement agency shall promulgate such final regulations within 1 submits documentation, or otherwise reports to has notified the Commissioner of Social Security year after the date of the enactment of this Act. the Commissioner, on a change in such status. that the agency intends to seek revocation of SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDI- SEC. 203. DENIAL OF TITLE II BENEFITS TO PER- the person’s probation or parole’’ after ‘‘law’’; VIDUALS AS CLAIMANT REPRESENT- SONS FLEEING PROSECUTION, CUS- ATIVES. and Section 206(a)(1) of the Social Security Act (42 TODY, OR CONFINEMENT, AND TO (C) by adding at the end the following sen- U.S.C. 406(a)(1)) is amended by inserting after PERSONS VIOLATING PROBATION OR tence after and below subparagraph (B): PAROLE. the second sentence the following: ‘‘Notwith- ‘‘In the case of an individual whose eligibility (a) IN GENERAL.—Section 202(x) of the Social standing the preceding sentences, the Commis- for a month or months has been suspended pur- Security Act (42 U.S.C. 402(x)) is amended— sioner, after due notice and opportunity for suant to subparagraph (A) or (B), the Commis- (1) in the heading, by striking ‘‘Prisoners’’ hearing, (A) may refuse to recognize as a rep- sioner of Social Security may, for good cause and all that follows and inserting the following: resentative, and may disqualify a representative shown, restore such individual’s eligibility for ‘‘Prisoners, Certain Other Inmates of Publicly already recognized, any attorney who has been all such months.’’; and Funded Institutions, Fugitives, Probationers, disbarred or suspended from any court or bar to (2) in paragraph (5), by striking subpara- and Parolees’’; which he or she was previously admitted to (2) in paragraph (1)(A)(ii)(IV), by striking graphs (A) and (B) and inserting the following: ‘‘(A) the recipient is described in subpara- practice or who has been disqualified from par- ‘‘or’’ at the end; ticipating in or appearing before any Federal (3) in paragraph (1)(A)(iii), by striking the pe- graph (A) or (B) of paragraph (4); ‘‘(B) the Commissioner has information with program or agency, and (B) may refuse to recog- riod at the end and inserting a comma; respect to the recipient that is necessary for the nize, and may disqualify, as a non-attorney rep- (4) by inserting after paragraph (1)(A)(iii) the resentative any attorney who has been dis- following: officer to conduct the officer’s official duties; and barred or suspended from any court or bar to ‘‘(iv) is fleeing to avoid prosecution, or cus- which he or she was previously admitted to tody or confinement after conviction, under the ‘‘(C) the location or apprehension of the recipient is within the officer’s official duties.’’. practice. A representative who has been dis- laws of the place from which the person flees, qualified or suspended pursuant to this section for a crime, or an attempt to commit a crime, (c) CONFORMING AMENDMENT.—Section 804(a)(2) of the Social Security Act (42 U.S.C. from appearing before the Social Security Ad- which is a felony under the laws of the place ministration as a result of collecting or receiving from which the person flees, or, in jurisdictions 1004(a)(2)) is amended by striking ‘‘or which, in the case of the State of New Jersey, is a high a fee in excess of the amount authorized shall be that do not define crimes as felonies, is punish- barred from appearing before the Social Security able by death or imprisonment for a term ex- misdemeanor under the laws of such State’’ and inserting ‘‘or, in jurisdictions that do not define Administration as a representative until full res- ceeding 1 year regardless of the actual sentence titution is made to the claimant and, thereafter, imposed, and a Federal, State, or local law en- crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regard- may be considered for reinstatement only under forcement agency has notified the Commissioner such rules as the Commissioner may prescribe.’’. that such agency intends to pursue the indi- less of the actual sentence imposed’’. (d) REGULATIONS.—Not later than the first SEC. 206. CRIMINAL PENALTY FOR CORRUPT OR vidual by seeking arrest, extradition, or prosecu- day of the first month that begins on or after FORCIBLE INTERFERENCE WITH AD- tion, or MINISTRATION OF SOCIAL SECURITY the date that is 9 months after the date of the ‘‘(v) is violating a condition of probation or ACT. parole imposed under Federal or State law, and enactment of this Act, the Commissioner of So- Part A of title XI of the Social Security Act a Federal, State, or local law enforcement agen- cial Security shall promulgate regulations gov- (42 U.S.C. 1301 et seq.) is amended by inserting cy has notified the Commissioner that such erning payment by the Commissioner, for good after section 1129A the following: cause shown, of withheld benefits pursuant to agency intends to seek revocation of the individ- ‘‘ATTEMPTS TO INTERFERE WITH ADMINISTRATION ual’s probation or parole. the last sentences of sections 202(x)(1)(A) and OF SOCIAL SECURITY ACT 1611(e)(4) of the Social Security Act (as amended In the case of an individual from whom such ‘‘SEC. 1129B. Whoever corruptly or by force or by subsections (a) and (b), respectively). threats of force (including any threatening let- monthly benefits have been withheld pursuant (e) EFFECTIVE DATE.—The amendments made to clause (iv) or (v), the Commissioner of Social ter or communication) attempts to intimidate or by subsection (a) shall take effect on the first impede any officer, employee, or contractor of Security may, for good cause shown, pay such day of the first month that begins on or after withheld benefits to the individual.’’; and the Social Security Administration (including the date that is 9 months after the date of the any State employee of a disability determination (5) in paragraph (3), by adding at the end the enactment of this Act. following: service or any other individual designated by ‘‘(C) Notwithstanding the provisions of sec- SEC. 204. REQUIREMENTS RELATING TO OFFERS the Commissioner of Social Security) acting in TO PROVIDE FOR A FEE A PRODUCT an official capacity to carry out a duty under tion 552a of title 5, United States Code, or any OR SERVICE AVAILABLE WITHOUT other provision of Federal or State law (other CHARGE FROM THE SOCIAL SECU- this Act, or in any other way corruptly or by than section 6103 of the Internal Revenue Code RITY ADMINISTRATION. force or threats of force (including any threat- of 1986 and section 1106(c) of this Act), the Com- (a) IN GENERAL.—Section 1140 of the Social ening letter or communication) obstructs or im- missioner shall furnish any Federal, State, or Security Act (42 U.S.C. 1320b–10) is amended— pedes, or attempts to obstruct or impede, the due local law enforcement officer, upon the written (1) in subsection (a), by adding at the end the administration of this Act, shall be guilty of a request of the officer, with the current address, following: felony and upon conviction thereof shall be Social Security number, and photograph (if ap- ‘‘(4)(A) No person shall offer, for a fee, to as- fined not more than $5,000, imprisoned not more plicable) of any beneficiary under this title, if sist an individual to obtain a product or service than 3 years, or both, except that if the offense the officer furnishes the Commissioner with the that the person knows or should know is pro- is committed only by threats of force, the person name of the beneficiary, and other identifying vided free of charge by the Social Security Ad- shall be guilty of a felony and upon conviction information as reasonably required by the Com- ministration unless, at the time the offer is thereof shall be fined not more than $3,000, im- missioner to establish the unique identity of the made, the person provides to the individual to prisoned not more than 1 year, or both. In this beneficiary, and notifies the Commissioner whom the offer is tendered a notice that— subsection, the term ‘threats of force’ means that— ‘‘(i) explains that the product or service is threats of harm to the officer or employee of the ‘‘(i) the beneficiary is described in clause (iv) available free of charge from the Social Security United States or to a contractor of the Social Se- or (v) of paragraph (1)(A); Administration, and curity Administration, or to a member of the ‘‘(ii) the Commissioner has information with ‘‘(ii) complies with standards prescribed by family of such an officer or employee or con- respect to the beneficiary that is necessary for the Commissioner of Social Security respecting tractor.’’.

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SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES ‘‘(i) RESTITUTION.— (3) by adding at the end the following: IN REFERENCE TO SOCIAL SECURITY ‘‘(1) IN GENERAL.—In any case where’’; and ‘‘(D) any designated distribution described in OR MEDICARE. (2) by adding at the end the following: the second sentence of section 6047(d)(2) to the (a) IN GENERAL.—Section 1140(a)(1) of the So- ‘‘(2) SSA TREATED AS A VICTIM.—Any Federal Social Security Administration for purposes of cial Security Act (42 U.S.C. 1320b–10(a)(1)) is court, when sentencing a defendant convicted of its administration of the Social Security Act.’’. amended— an offense that results in the Commissioner of (c) EFFECTIVE DATE.—The amendments made (1) in subparagraph (A), by inserting ‘‘ ‘Cen- Social Security making a benefit payment (or an by this section shall apply to distributions made ters for Medicare & Medicaid Services’,’’ after increase in such a payment) that should not after December 31, 2003. ‘‘ ‘Health Care Financing Administration’,’’, by have been made, shall consider the Commis- SEC. 211. AUTHORITY FOR CROSS-PROGRAM RE- striking ‘‘or ‘Medicaid’, ’’ and inserting ‘‘ ‘Med- sioner of Social Security a victim of the crime.’’. COVERY OF BENEFIT OVERPAY- icaid’, ‘Death Benefits Update’, ‘Federal Benefit (c) AMENDMENTS TO TITLE XVI.—Section 1632 MENTS. Information’, ‘Funeral Expenses’, or ‘Final Sup- of such Act (42 U.S.C. 1383a) is amended— (a) IN GENERAL.—Section 1147 of the Social plemental Plan’,’’ and by inserting ‘‘ ‘CMS’,’’ (1) by redesignating subsection (b) as sub- Security Act (42 U.S.C. 1320b–17) is amended to after ‘‘ ‘HCFA’,’’; section (c); and read as follows: (2) in subparagraph (B), by inserting ‘‘Centers (2) by inserting after subsection (a) the fol- ‘‘CROSS-PROGRAM RECOVERY OF OVERPAYMENTS for Medicare & Medicaid Services,’’ after lowing: FROM BENEFITS ‘‘Health Care Financing Administration,’’ each ‘‘(b) Any Federal court, when sentencing a ‘‘(a) IN GENERAL.—Subject to subsection (b), place it appears; and defendant convicted of an offense under sub- whenever the Commissioner of Social Security (3) in the matter following subparagraph (B), section (a) that results in the Commissioner of determines that more than the correct amount of by striking ‘‘the Health Care Financing Admin- Social Security making a benefit payment (or an any payment has been made to a person under istration,’’ each place it appears and inserting increase in such a payment) that should not a program described in subsection (e), the Com- ‘‘the Centers for Medicare & Medicaid Serv- have been made, shall consider the Commis- missioner of Social Security may recover the ices,’’. sioner of Social Security a victim of the crime.’’. amount incorrectly paid by decreasing any (b) EFFECTIVE DATE.—The amendments made (d) SPECIAL ACCOUNT FOR RECEIPT OF RES- amount which is payable to such person under by this section shall apply to items sent after 180 TITUTION PAYMENTS.—Section 704(b) of such Act days after the date of the enactment of this Act. any other program specified in that subsection. (42 U.S.C. 904(b)) is amended by adding at the ‘‘(b) LIMITATION APPLICABLE TO CURRENT SEC. 208. DISQUALIFICATION FROM PAYMENT end the following: BENEFITS.— DURING TRIAL WORK PERIOD UPON ‘‘(3)(A) Except as provided in subparagraph CONVICTION OF FRAUDULENT CON- ‘‘(1) IN GENERAL.—In carrying out subsection (B), amounts received by the Social Security Ad- (a), the Commissioner of Social Security may not CEALMENT OF WORK ACTIVITY. ministration pursuant to an order of restitution (a) IN GENERAL.—Section 222(c) of the Social decrease the monthly amount payable to an in- under section 208(b), 807(i), or 1632(b) shall be Security Act (42 U.S.C. 422(c)) is amended by dividual under a program described in sub- credited to a special fund established in the adding at the end the following: section (e) that is paid when regularly due— Treasury of the United States for amounts so re- ‘‘(5) Upon conviction by a Federal court that ‘‘(A) in the case of benefits under title II or ceived or recovered. The amounts so credited, to an individual has fraudulently concealed work VIII, by more than 10 percent of the amount of the extent and in the amounts provided in ad- activity during a period of trial work from the the benefit payable to the person for that month vance in appropriations Acts, shall be available Commissioner of Social Security by— under such title; and ‘‘(A) providing false information to the Com- to defray expenses incurred in carrying out ti- ‘‘(B) in the case of benefits under title XVI, missioner of Social Security as to whether the tles II, VIII, and XVI. by an amount greater than the lesser of— ‘‘(B) Subparagraph (A) shall not apply with individual had earnings in or for a particular ‘‘(i) the amount of the benefit payable to the respect to amounts received in connection with period, or as to the amount thereof; person for that month; or ‘‘(B) receiving disability insurance benefits misuse by a representative payee (within the ‘‘(ii) an amount equal to 10 percent of the per- under this title while engaging in work activity meaning of sections 205(j), 807, and 1631(a)(2)) son’s income for that month (including such under another identity, including under an- of funds paid as benefits under title II, VIII, or monthly benefit but excluding payments under other social security account number or a num- XVI. Such amounts received in connection with title II when recovery is also made from title II ber purporting to be a social security account misuse of funds paid as benefits under title II payments and excluding income excluded pursu- number; or shall be transferred to the Managing Trustee of ant to section 1612(b)). ‘‘(C) taking other actions to conceal work ac- the Federal Old-Age and Survivors Insurance ‘‘(2) EXCEPTION.—Paragraph (1) shall not tivity with an intent fraudulently to secure pay- Trust Fund or the Federal Disability Insurance apply if— ment in a greater amount than is due or when Trust Fund, as determined appropriate by the ‘‘(A) the person or the spouse of the person no payment is authorized, Commissioner of Social Security, and such was involved in willful misrepresentation or no benefit shall be payable to such individual amounts shall be deposited by the Managing concealment of material information in connec- under this title with respect to a period of dis- Trustee into such Trust Fund. All other such tion with the amount incorrectly paid; or ability for any month before such conviction amounts shall be deposited by the Commissioner ‘‘(B) the person so requests. during which the individual rendered services into the general fund of the Treasury as mis- ‘‘(c) NO EFFECT ON ELIGIBILITY OR BENEFIT during the period of trial work with respect to cellaneous receipts.’’. AMOUNT UNDER TITLE VIII OR XVI.—In any which the fraudulently concealed work activity (e) EFFECTIVE DATE.—The amendments made case in which the Commissioner of Social Secu- occurred, and amounts otherwise due under this by subsections (a), (b), and (c) shall apply with rity takes action in accordance with subsection title as restitution, penalties, assessments, fines, respect to violations occurring on or after the (a) to recover an amount incorrectly paid to any or other repayments shall in all cases be in addi- date of the enactment of this Act. person, neither that person, nor (with respect to tion to any amounts for which such individual SEC. 210. INFORMATION FOR ADMINISTRATION the program described in subsection (e)(3)) any is liable as overpayments by reason of such con- OF PROVISIONS RELATED TO NON- individual whose eligibility for benefits under cealment.’’. COVERED EMPLOYMENT. such program or whose amount of such benefits, (b) EFFECTIVE DATE.—The amendment made (a) COLLECTION.—Paragraph (2) of section is determined by considering any part of that by subsection (a) shall apply with respect to 6047(d) of the Internal Revenue Code of 1986 (re- person’s income, shall, as a result of such ac- work activity performed after the date of the en- lating to reports by employers, plan administration— actment of this Act. tors, etc.) is amended by adding at the end the ‘‘(1) become eligible for benefits under the pro- SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF following new sentence: ‘‘In the case of any em- gram described in paragraph (2) or (3) of sub- RESTITUTION. ployer deferred compensation plan (as defined section (e); or (a) AMENDMENTS TO TITLE II.—Section 208 of in section 3405(e)(5)) of a State, a political sub- ‘‘(2) if such person or individual is otherwise the Social Security Act (42 U.S.C. 408) is amend- division thereof, or any agency or instrumen- so eligible, become eligible for increased benefits ed— tality of either, the Secretary shall in such under such program. (1) by redesignating subsections (b), (c), and forms or regulations require the identification of ‘‘(d) INAPPLICABILITY OF PROHIBITION (d) as subsections (c), (d), and (e), respectively; any designated distribution (as so defined) if AGAINST ASSESSMENT AND LEGAL PROCESS.—Sec- and paid to any participant or beneficiary of such tion 207 shall not apply to actions taken under (2) by inserting after subsection (a) the fol- plan based in whole or in part upon an individ- the provisions of this section to decrease lowing: ual’s earnings for service in the employ of any amounts payable under titles II and XVI. ‘‘(b) Any Federal court, when sentencing a such governmental entity which did not con- ‘‘(e) PROGRAMS DESCRIBED.—The programs defendant convicted of an offense under substitute employment (as defined in section described in this subsection are the following: section (a) that results in the Commissioner of 3121(b)).’’. ‘‘(1) The old-age, survivors, and disability in- Social Security making a benefit payment (or an (b) DISCLOSURE.—Section 6103(l)(1) of the In- surance benefits program under title II. increase in such a payment) that should not ternal Revenue Code of 1986 (relating to disclo- ‘‘(2) The special benefits for certain World have been made, shall consider the Commis- sure of certain returns and return information War II veterans program under title VIII. sioner of Social Security a victim of the crime.’’. to Social Security Administration and Railroad ‘‘(3) The supplemental security income bene- (b) AMENDMENTS TO TITLE VIII.—Section Retirement Board) is amended— fits program under title XVI (including, for pur- 807(i) of such Act (42 U.S.C. 1007(i)) is amend- (1) in subparagraph (B), by striking ‘‘and’’; poses of this section, State supplementary pay- ed— and ments paid by the Commissioner pursuant to an (1) by striking ‘‘(i) RESTITUTION.—In any case (2) in subparagraph (C), by striking the period agreement under section 1616(a) of this Act or where’’ and inserting the following: and inserting ‘‘; and’’; and section 212(b) of Public Law 93–66).’’.

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(b) CONFORMING AMENDMENTS.— TITLE III—ATTORNEY REPRESENTATIVE (3) An assessment of the costs and benefits of (1) Section 204(g) of the Social Security Act (42 FEE PAYMENT SYSTEM IMPROVEMENTS the appointment and payment of representatives U.S.C. 404(g)) is amended to read as follows: SEC. 301. CAP ON ATTORNEY ASSESSMENTS. with respect to claimant satisfaction or com- ‘‘(g) For provisions relating to the cross-pro- (a) IN GENERAL.—Section 206(d)(2)(A) of the plaints, benefit outcomes, and program adminis- gram recovery of overpayments made under pro- Social Security Act (42 U.S.C. 406(d)(2)(A)) is tration. grams administered by the Commissioner of So- amended— (4) An assessment of the potential results, in- cial Security, see section 1147.’’. (1) by inserting ‘‘, except that the maximum cluding the effect on claimants and program ad- (2) Section 808 of the Social Security Act (42 amount of the assessment may not exceed the ministration, of extending to title XVI of the So- U.S.C. 1008) is amended— greater of $75 or the adjusted amount as pro- cial Security Act the fee withholding procedures (A) in subsection (a)(1)— vided pursuant to the following two sentences’’ which apply under title II of that Act and of al- (i) by striking subparagraph (B); after ‘‘subparagraph (B)’’; and lowing non-attorney representatives to be sub- (ii) in the matter preceding subparagraph (A), (2) by adding at the end the following: ‘‘In ject to any fee withholding procedures applica- by striking ‘‘any payment’’ and all that follows the case of any calendar year beginning after ble under title II and XVI of such Act, and through ‘‘under this title’’ and inserting ‘‘any the amendments made by section 301 of the So- whether the rules and procedures employed by payment under this title’’; and cial Security Protection Act of 2003 take effect, the Commissioner of Social Security to evaluate (iii) by striking ‘‘; or’’ and inserting a period; the dollar amount specified in the preceding the qualifications and performance of claimant (B) by striking subsection (b) and redesig- sentence (including a previously adjusted representatives should be revised prior to any nating subsections (c), (d), and (e) as sub- amount) shall be adjusted annually under the extensions of fee withholding. sections (b), (c), and (d), respectively; and procedures used to adjust benefit amounts under TITLE IV—MISCELLANEOUS AND (C) by adding at the end the following: section 215(i)(2)(A)(ii), except such adjustment TECHNICAL AMENDMENTS ‘‘(e) CROSS-PROGRAM RECOVERY OF OVERPAY- shall be based on the higher of $75 or the pre- Subtitle A—Amendments Relating to the Tick- MENTS.—For provisions relating to the cross-pro- viously adjusted amount that would have been et to Work and Work Incentives Improve- gram recovery of overpayments made under pro- in effect for December of the preceding year, but ment Act of 1999 grams administered by the Commissioner of So- for the rounding of such amount pursuant to cial Security, see section 1147.’’. SEC. 401. ELIMINATION OF DEMONSTRATION AU- the following sentence. Any amount so adjusted THORITY SUNSET DATE. (3) Section 1147A of the Social Security Act (42 that is not a multiple of $1 shall be rounded to Section 234(d)(2) of the Social Security Act (42 U.S.C. 1320b–18) is repealed. the next lowest multiple of $1, but in no case less (4) Section 1631(b) of the Social Security Act U.S.C. 434(d)(2)) is amended— than $75.’’. (1) in the paragraph heading, by striking (42 U.S.C. 1383(b)) is amended— (b) EFFECTIVE DATE.—The amendments made ‘‘TERMINATION AND FINAL’’ and inserting (A) in paragraph (1)(B)— by this section shall apply with respect to fees ‘‘FINAL’’; and (i) by striking ‘‘excluding any other’’ and infor representation of claimants which are first (2) by striking the first sentence. serting ‘‘excluding payments under title II when required to be certified or paid under section 206 recovery is made from title II payments pursu- of the Social Security Act on or after the first SEC. 402. EXPANSION OF WAIVER AUTHORITY ant to section 1147 and excluding’’; and AVAILABLE IN CONNECTION WITH day of the first month that begins after 180 days DEMONSTRATION PROJECTS PRO- (ii) by striking ‘‘50 percent of’’; and after the date of the enactment of this Act. VIDING FOR REDUCTIONS IN DIS- (B) by striking paragraph (6) and inserting SEC. 302. GAO STUDY REGARDING FEE PAYMENT ABILITY INSURANCE BENEFITS the following: PROCESS FOR CLAIMANT REP- BASED ON EARNINGS. ‘‘(6) For provisions relating to the cross-pro- RESENTATIVES. Section 302(c) of the Ticket to Work and Work gram recovery of overpayments made under pro- (a) STUDY.— Incentives Improvement Act of 1999 (42 grams administered by the Commissioner of So- (1) IN GENERAL.—The Comptroller General of U.S.C. 434 note) is amended by striking ‘‘(42 cial Security, see section 1147.’’. the United States shall study and evaluate the U.S.C. 401 et seq.),’’ and inserting ‘‘(42 (c) EFFECTIVE DATE.—The amendments and appointment and payment of claimant rep- U.S.C. 401 et seq.) and the requirements of sec- repeal made by this section shall take effect on resentatives under titles II and XVI of the So- tion 1148 of such Act (42 U.S.C. 1320b–19) as the date of enactment of this Act, and shall be cial Security Act (42 U.S.C. 401 et seq., 1381 et they relate to the program established under effective with respect to overpayments under ti- seq.). title II of such Act,’’. tles II, VIII, and XVI of the Social Security Act (2) CONSULTATION REQUIRED.—The Comp- SEC. 403. FUNDING OF DEMONSTRATION that are outstanding on or after such date. troller General shall consult with beneficiaries PROJECTS PROVIDING FOR REDUC- SEC. 212. PROHIBITION ON PAYMENT OF TITLE II under title II of such Act, beneficiaries under TIONS IN DISABILITY INSURANCE BENEFITS TO PERSONS NOT AU- title XVI of such Act, claimant representatives BENEFITS BASED ON EARNINGS. THORIZED TO WORK IN THE UNITED of beneficiaries under such titles, and other in- Section 302(f) of the Ticket to Work and Work STATES. terested parties, in conducting the study and Incentives Improvement Act of 1999 (42 (a) FULLY INSURED AND CURRENTLY INSURED evaluation required under paragraph (1). U.S.C. 434 note) is amended to read as follows: INDIVIDUALS.—Section 214 (42 U.S.C. 414) is (b) REPORT.—Not later than 2 years after the ‘‘(f) EXPENDITURES.—Administrative expenses amended— date of enactment of this Act, the Comptroller for demonstration projects under this section (1) in subsection (a), by inserting before the General shall submit to the Committee on Ways shall be paid from funds available for the ad- period at the end the following: ‘‘, and who sat- and Means of the House of Representatives and ministration of title II or XVIII of the Social Se- isfies the criterion specified in subsection (c)’’; the Committee on Finance of the Senate a report curity Act, as appropriate. Benefits payable to (2) in subsection (b), by inserting before the that includes the following: or on behalf of individuals by reason of partici- period at the end the following: ‘‘, and who sat- (1) A survey of the relevant characteristics of pation in projects under this section shall be isfies the criterion specified in subsection (c)’’; claimant representatives that provides statis- made from the Federal Disability Insurance and tically significant results for characteristics Trust Fund and the Federal Old-Age and Sur- (3) by adding at the end the following: which include (but are not limited to)— vivors Insurance Trust Fund, as determined ap- ‘‘(c) For purposes of subsections (a) and (b), (A) qualifications and experience; propriate by the Commissioner of Social Secu- the criterion specified in this subsection is that (B) the type of employment of such represent- rity, and from the Federal Hospital Insurance the individual, if not a United States citizen or atives, such as with an advocacy group, State or Trust Fund and the Federal Supplementary national, has been assigned a social security ac- local government, or insurance or other com- Medical Insurance Trust Fund, as determined count number that was, at the time of assign- pany; appropriate by the Secretary of Health and ment, or at any later time, consistent with the (C) geographical distribution between urban Human Services, from funds available for bene- requirements of subclause (I) or (III) of section and rural areas; fits under such title II or XVIII.’’. 205(c)(2)(B)(i).’’. (D) the nature of claimants’ cases, such as SEC. 404. AVAILABILITY OF FEDERAL AND STATE (b) DISABILITY BENEFITS.—Section 223(a)(1) of whether the cases are for disability insurance WORK INCENTIVE SERVICES TO AD- the Social Security Act (42 U.S.C. 423(a)(1)) is benefits only, supplemental security income ben- DITIONAL INDIVIDUALS. amended— efits only, or concurrent benefits; (a) FEDERAL WORK INCENTIVES OUTREACH (1) by redesignating subparagraphs (C) and (E) the relationship of such representatives to PROGRAM.— (D) as subparagraphs (D) and (E), respectively; claimants, such as whether the representative is (1) IN GENERAL.—Section 1149(c)(2) of the So- and a friend, family member, or client of the claim- cial Security Act (42 U.S.C. 1320b–20(c)(2)) is (2) by inserting after subparagraph (B), the ant; and amended to read as follows: following: (F) the amount of compensation (if any) paid ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis- ‘‘(C) if not a United States citizen or national, to the representatives and the method of pay- abled beneficiary’ means an individual— has been assigned a social security account ment of such compensation. ‘‘(A) who is a disabled beneficiary as defined number that was, at the time of assignment, or (2) An assessment of the quality and effective- in section 1148(k)(2) of this Act; at any later time, consistent with the require- ness of the services provided by claimant rep- ‘‘(B) who is receiving a cash payment de- ments of subclause (I) or (III) of section resentatives, including a comparison of claimant scribed in section 1616(a) of this Act or a supple- 205(c)(2)(B)(i),’’. satisfaction or complaints and benefit outcomes, mentary payment described in section 212(a)(3) (c) EFFECTIVE DATE.—The amendments made adjusted for differences in representatives’ case- of Public Law 93–66 (without regard to whether by this section apply to benefit applications load, claimants’ diagnostic group, level of deci- such payment is paid by the Commissioner pur- filed on or after January 1, 2004. sion, and other relevant factors. suant to an agreement under section 1616(a) of

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16176 CONGRESSIONAL RECORD — SENATE December 9, 2003 this Act or under section 212(b) of Public Law Subtitle B—Miscellaneous Amendments SEC. 413. REINSTATEMENT OF CERTAIN REPORT- ING REQUIREMENTS. 93–66); SEC. 411. ELIMINATION OF TRANSCRIPT RE- ‘‘(C) who, pursuant to section 1619(b) of this QUIREMENT IN REMAND CASES Section 3003(a)(1) of the Federal Reports Act, is considered to be receiving benefits under FULLY FAVORABLE TO THE CLAIM- Elimination and Sunset Act of 1995 (31 title XVI of this Act; or ANT. U.S.C. 1113 note) shall not apply to any report ‘‘(D) who is entitled to benefits under part A (a) IN GENERAL.—Section 205(g) of the Social required to be submitted under any of the fol- of title XVIII of this Act by reason of the penul- Security Act (42 U.S.C. 405(g)) is amended in lowing provisions of law: timate sentence of section 226(b) of this Act.’’. the sixth sentence by striking ‘‘and a tran- (1)(A) Section 201(c)(2) of the Social Security (2) EFFECTIVE DATE.—The amendment made script’’ and inserting ‘‘and, in any case in Act (42 U.S.C. 401(c)(2)). by this subsection shall apply with respect to which the Commissioner has not made a deci- (B) Section 1817(b)(2) of the Social Security grants, cooperative agreements, or contracts en- sion fully favorable to the individual, a tran- Act (42 U.S.C. 1395i(b)(2)). tered into on or after the date of the enactment script’’. (C) Section 1841(b)(2) of the Social Security of this Act. (b) EFFECTIVE DATE.—The amendment made Act (42 U.S.C. 1395t(b)(2)). (b) STATE GRANTS FOR WORK INCENTIVES AS- by this section shall apply with respect to final (2)(A) Section 221(c)(3)(C) of the Social Secu- SISTANCE.— determinations issued (upon remand) on or after rity Act (42 U.S.C. 421(c)(3)(C)). (B) Section 221(i)(3) of the Social Security Act (1) DEFINITION OF DISABLED BENEFICIARY.— the date of the enactment of this Act. (42 U.S.C. 421(i)(3)). Section 1150(g)(2) of such Act (42 U.S.C. 1320b– SEC. 412. NONPAYMENT OF BENEFITS UPON RE- SEC. 414. CLARIFICATION OF DEFINITIONS RE- 21(g)(2)) is amended to read as follows: MOVAL FROM THE UNITED STATES. ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis- GARDING CERTAIN SURVIVOR BENE- (a) IN GENERAL.—Section 202(n) of the Social FITS. abled beneficiary’ means an individual— Security Act (42 U.S.C. 402(n)) is amended— ‘‘(A) who is a disabled beneficiary as defined (a) WIDOWS.—Section 216(c) of the Social Se- (1) in paragraph (1), by striking ‘‘section curity Act (42 U.S.C. 416(c)) is amended— in section 1148(k)(2) of this Act; 241(a) (other than under paragraph (1)(C) or ‘‘(B) who is receiving a cash payment de- (1) by redesignating subclauses (A) through (1)(E) thereof) of the Immigration and Nation- scribed in section 1616(a) of this Act or a supple- (C) of clause (6) as subclauses (i) through (iii), ality Act’’ and inserting ‘‘section 237(a) of the mentary payment described in section 212(a)(3) respectively; Immigration and Nationality Act (other than of Public Law 93–66 (without regard to whether (2) by redesignating clauses (1) through (6) as under paragraph (1)(C) of such section) or such payment is paid by the Commissioner pur- clauses (A) through (F), respectively; under section 212(a)(6)(A) of such Act’’; (3) in clause (E) (as redesignated), by insert- suant to an agreement under section 1616(a) of (2) in paragraph (2), by striking ‘‘section ing ‘‘except as provided in paragraph (2),’’ be- this Act or under section 212(b) of Public Law 241(a) of the Immigration and Nationality Act fore ‘‘she was married’’; 93–66); (other than under paragraph (1)(C) or (1)(E) (4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and ‘‘(C) who, pursuant to section 1619(b) of this thereof)’’ and inserting ‘‘section 237(a) of the (5) by adding at the end the following: Act, is considered to be receiving benefits under Immigration and Nationality Act (other than ‘‘(2) The requirements of paragraph (1)(E) in title XVI of this Act; or under paragraph (1)(C) of such section) or connection with the surviving wife of an indi- ‘‘(D) who is entitled to benefits under part A vidual shall be treated as satisfied if— of title XVIII of this Act by reason of the penul- under section 212(a)(6)(A) of such Act’’; (3) in paragraph (3), by striking ‘‘paragraph ‘‘(A) the individual had been married prior to timate sentence of section 226(b) of this Act.’’. (19) of section 241(a) of the Immigration and Na- the individual’s marriage to the surviving wife, (2) ADVOCACY OR OTHER SERVICES NEEDED TO tionality Act (relating to persecution of others ‘‘(B) the prior wife was institutionalized dur- MAINTAIN GAINFUL EMPLOYMENT.—Section ing the individual’s marriage to the prior wife 1150(b)(2) of such Act (42 U.S.C. 1320b–21(b)(2)) on account of race, religion, national origin, or political opinion, under the direction of or in as- due to mental incompetence or similar inca- is amended by striking ‘‘secure or regain’’ and pacity, inserting ‘‘secure, maintain, or regain’’. sociation with the Nazi government of Germany or its allies) shall be considered to have been de- ‘‘(C) during the period of the prior wife’s in- (3) EFFECTIVE DATE.—The amendments made stitutionalization, the individual would have di- by this subsection shall apply with respect to ported under such paragraph (19)’’ and inserting ‘‘paragraph (4)(D) of section 241(a) of the vorced the prior wife and married the surviving payments provided after the date of the enact- wife, but the individual did not do so because ment of this Act. Immigration and Nationality Act (relating to participating in Nazi persecutions or genocide) such divorce would have been unlawful, by rea- SEC. 405. TECHNICAL AMENDMENT CLARIFYING son of the prior wife’s institutionalization, TREATMENT FOR CERTAIN PUR- shall be considered to have been deported under such paragraph (4)(D)’’; and under the laws of the State in which the indi- POSES OF INDIVIDUAL WORK PLANS vidual was domiciled at the time (as determined UNDER THE TICKET TO WORK AND (4) in paragraph (3) (as amended by para- SELF-SUFFICIENCY PROGRAM. graph (3) of this subsection), by striking based on evidence satisfactory to the Commis- (a) IN GENERAL.—Section 1148(g)(1) of the So- ‘‘241(a)’’ and inserting ‘‘237(a)’’. sioner of Social Security), ‘‘(D) the prior wife continued to remain insti- cial Security Act (42 U.S.C. 1320b–19(g)(1)) is (b) TECHNICAL CORRECTIONS.— tutionalized up to the time of her death, and amended by adding at the end, after and below (1) TERMINOLOGY REGARDING REMOVAL FROM ‘‘(E) the individual married the surviving wife subparagraph (E), the following: THE UNITED STATES.—Section 202(n) of the Social within 60 days after the prior wife’s death.’’. ‘‘An individual work plan established pursuant Security Act (42 U.S.C. 402(n)) (as amended by (b) WIDOWERS.—Section 216(g) of such Act (42 to this subsection shall be treated, for purposes subsection (a)) is amended further— U.S.C. 416(g)) is amended— of section 51(d)(6)(B)(i) of the Internal Revenue (A) by striking ‘‘deportation’’ each place it (1) by redesignating subclauses (A) through Code of 1986, as an individualized written plan appears and inserting ‘‘removal’’; (C) of clause (6) as subclauses (i) through (iii), (B) by striking ‘‘deported’’ each place it ap- for employment under a State plan for voca- respectively; tional rehabilitation services approved under pears and inserting ‘‘removed’’; and (2) by redesignating clauses (1) through (6) as the Rehabilitation Act of 1973.’’. (C) in the heading, by striking ‘‘Deportation’’ clauses (A) through (F), respectively; (b) EFFECTIVE DATE.—The amendment made and inserting ‘‘Removal’’. (3) in clause (E) (as redesignated), by insert- by subsection (a) shall take effect as if included (2) REFERENCES TO THE SECRETARY OF HOME- ing ‘‘except as provided in paragraph (2),’’ be- in section 505 of the Ticket to Work and Work LAND SECURITY.—Section 202(n) of the Social Se- fore ‘‘he was married’’; Incentives Improvement Act of 1999 (Public Law curity Act (42 U.S.C. 402(n)) (as amended by (4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 106–170; 113 Stat. 1921). subsection (a) and paragraph (1)) is amended (5) by adding at the end the following: SEC. 406. GAO STUDY REGARDING THE TICKET TO further by inserting ‘‘or the Secretary of Home- ‘‘(2) The requirements of paragraph (1)(E) in WORK AND SELF-SUFFICIENCY PRO- land Security’’ after ‘‘the Attorney General’’ connection with the surviving husband of an in- GRAM. each place it appears. dividual shall be treated as satisfied if— (a) GAO REPORT.—Not later than 12 months (c) EFFECTIVE DATES.— ‘‘(A) the individual had been married prior to after the date of enactment of this Act, the (1) IN GENERAL.—The amendment made by— the individual’s marriage to the surviving hus- Comptroller General of the United States shall (A) subsection (a)(1) shall apply to individuals band, submit a report to Congress regarding the Ticket with respect to whom the Commissioner of Social ‘‘(B) the prior husband was institutionalized to Work and Self-Sufficiency Program estab- Security receives a removal notice after the date during the individual’s marriage to the prior lished under section 1148 of the Social Security of the enactment of this Act; husband due to mental incompetence or similar Act (42 U.S.C. 1320b–19) that— (B) subsection (a)(2) shall apply with respect incapacity, (1) examines the annual and interim reports to notifications of removals received by the Com- ‘‘(C) during the period of the prior husband’s issued by States, the Ticket to Work and Work missioner of Social Security after the date of en- institutionalization, the individual would have Incentives Advisory Panel established under actment of this Act; and divorced the prior husband and married the sur- section 101(f) of the Ticket to Work and Work (C) subsection (a)(3) shall be effective as if en- viving husband, but the individual did not do so Incentives Improvement Act of 1999 (42 U.S.C. acted on March 1, 1991. because such divorce would have been unlawful, 1320b–19 note), and the Commissioner of Social (2) SUBSEQUENT CORRECTION OF CROSS-REF- by reason of the prior husband’s institutional- Security regarding such program; ERENCE AND TERMINOLOGY.—The amendments ization, under the laws of the State in which the (2) assesses the effectiveness of the activities made by subsections (a)(4) and (b)(1) shall be ef- individual was domiciled at the time (as deter- carried out under such program; and fective as if enacted on April 1, 1997. mined based on evidence satisfactory to the (3) recommends such legislative or administra- (3) REFERENCES TO THE SECRETARY OF HOME- Commissioner of Social Security), tive changes as the Comptroller General deter- LAND SECURITY.—The amendment made by sub- ‘‘(D) the prior husband continued to remain mines are appropriate to improve the effective- section (b)(2) shall be effective as if enacted on institutionalized up to the time of his death, ness of such program. March 1, 2003. and

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16177 ‘‘(E) the individual married the surviving hus- (or divorced wife) was employed in the service of (1) in subparagraph (A), by striking ‘‘if, on band within 60 days after the prior husband’s the State (or political subdivision thereof, as de- the last day he was employed by such entity’’ death.’’. fined in section 218(b)(2)), or and inserting ‘‘if, during any portion of such (c) CONFORMING AMENDMENT.—Section 216(k) ‘‘(II) in the case of such an agreement that service’’; and of such Act (42 U.S.C. 416(k)) is amended by was executed by the Commissioner of Social Se- (2) in subparagraph (B)— striking ‘‘clause (5) of subsection (c) or clause curity after the date of enactment of this clause, (A) in clause (ii), by striking ‘‘Subparagraph (5) of subsection (g)’’ and inserting ‘‘clause (E) on the date such an agreement was executed by (A)(ii)’’ and inserting ‘‘Clauses (i) and (ii) of of subsection (c)(1) or clause (E) of subsection the Commissioner of Social Security and such subparagraph (A)’’; and (g)(1)’’. service was continuous throughout the 60-month (B) by adding at the end the following: (d) EFFECTIVE DATE.—The amendments made period ending on the last day the wife (or di- ‘‘(iii) Subparagraph (A)(i) shall not apply by this section shall be effective with respect to vorced wife) was employed in the service of the with respect to monthly periodic benefits based applications for benefits under title II of the So- State (or political subdivision thereof, as so de- in whole or in part on service which constituted cial Security Act filed during months ending fined).’’. ‘employment’ as defined in section 210 pursuant after the date of the enactment of this Act. (b) HUSBAND’S INSURANCE BENEFITS.—Section to an agreement executed with the Commissioner SEC. 415. CLARIFICATION RESPECTING THE FICA 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is of Social Security under section 218, provided AND SECA TAX EXEMPTIONS FOR AN amended— that the widower (or surviving divorced hus- INDIVIDUAL WHOSE EARNINGS ARE (1) in subparagraph (A), by striking ‘‘if, on band) was employed in such service— SUBJECT TO THE LAWS OF A TOTAL- the last day he was employed by such entity’’ ‘‘(I) on the date of enactment of this clause IZATION AGREEMENT PARTNER. and inserting ‘‘if, during any portion of such and such service was continuous throughout the Sections 1401(c), 3101(c), and 3111(c) of the In- service’’; and 60-month period ending on the last day the wid- (2) in subparagraph (B)— ternal Revenue Code of 1986 are each amended ower (or surviving divorced husband) was em- by striking ‘‘to taxes or contributions for similar (A) in clause (ii), by striking ‘‘Subparagraph (A)(ii)’’ and inserting ‘‘Clauses (i) and (ii) of ployed in the service of the State (or political purposes under’’ and inserting ‘‘exclusively to subdivision thereof, as defined in section the laws applicable to’’. subparagraph (A)’’; and (B) by adding at the end the following: 218(b)(2)), or SEC. 416. COVERAGE UNDER DIVIDED RETIRE- ‘‘(iii) Subparagraph (A)(i) shall not apply ‘‘(II) in the case of such an agreement that MENT SYSTEM FOR PUBLIC EMPLOY- was executed by the Commissioner of Social Se- EES. with respect to monthly periodic benefits based curity after the date of enactment of this clause, (a) IN GENERAL.—Section 218(d)(6)(C) of the in whole or in part on service which constituted on the date such an agreement was executed by Social Security Act (42 U.S.C. 418(d)(6)(C)) is ‘employment’ as defined in section 210 pursuant the Commissioner of Social Security and such amended by striking ‘‘the State of Alaska, Cali- to an agreement executed with the Commissioner service was continuous throughout the 60-month fornia, Connecticut, Florida, Georgia, Illinois, of Social Security under section 218, provided period ending on the last day the widower (or Massachusetts, Minnesota, Nevada, New Jersey, that the husband (or divorced husband) was em- surviving divorced husband) was employed in New Mexico, New York, North Dakota, Pennsyl- ployed in such service— ‘‘(I) on the date of enactment of this clause the service of the State (or political subdivision vania, Rhode Island, Tennessee, Texas, and such service was continuous throughout the thereof, as so defined).’’. Vermont, Washington, Wisconsin, or Hawaii’’ 60-month period ending on the last day the hus- (e) MOTHER’S AND FATHER’S INSURANCE BENE- and inserting ‘‘a State’’. band (or divorced husband) was employed in the FITS.—Section 202(g)(4) of the such Act (42 (b) EFFECTIVE DATE.—The amendment made service of the State (or political subdivision U.S.C. 402(g)(4)) is amended— by subsection (a) takes effect on January 1, thereof, as defined in section 218(b)(2)), or (1) in subparagraph (A), by striking ‘‘if, on 2003. ‘‘(II) in the case of such an agreement that the last day the individual was employed by SEC. 417. COMPENSATION FOR THE SOCIAL SECU- was executed by the Commissioner of Social Se- such entity’’ and inserting ‘‘if, during any por- RITY ADVISORY BOARD. curity after the date of enactment of this clause, tion of such service’’; and (a) IN GENERAL.—Subsection (f) of section 703 on the date such an agreement was executed by (2) in subparagraph (B)— of the Social Security Act (42 U.S.C. 903(f)) is the Commissioner of Social Security and such (A) in clause (ii), by striking ‘‘Subparagraph amended to read as follows: service was continuous throughout the 60-month (A)(ii)’’ and inserting ‘‘Clauses (i) and (ii) of ‘‘Compensation, Expenses, and Per Diem period ending on the last day the husband (or subparagraph (A)’’; and ‘‘(f) A member of the Board shall, for each divorced husband) was employed in the service (B) by adding at the end the following: day (including traveltime) during which the of the State (or political subdivision thereof, as ‘‘(iii) Subparagraph (A)(i) shall not apply member is attending meetings or conferences of so defined).’’. with respect to monthly periodic benefits based the Board or otherwise engaged in the business (c) WIDOW’S INSURANCE BENEFITS.—Section in whole or in part on service which constituted of the Board, be compensated at the daily rate 202(e)(7) of such Act (42 U.S.C. 402(e)(7)) is ‘employment’ as defined in section 210 pursuant of basic pay for level IV of the Executive Sched- amended— to an agreement executed with the Commissioner ule. While serving on business of the Board (1) in subparagraph (A), by striking ‘‘if, on of Social Security under section 218, provided away from their homes or regular places of busi- the last day she was employed by such entity’’ that the individual was employed in such serv- ness, members may be allowed travel expenses, and inserting ‘‘if, during any portion of such ice— including per diem in lieu of subsistence, as au- service’’; and ‘‘(I) on the date of enactment of this clause (2) in subparagraph (B)— thorized by section 5703 of title 5, United States and such service was continuous throughout the (A) in clause (ii), by striking ‘‘Subparagraph Code, for persons in the Government employed 60-month period ending on the last day the indi- (A)(ii)’’ and inserting ‘‘Clauses (i) and (ii) of intermittently.’’. vidual was employed in the service of the State subparagraph (A)’’; and (b) EFFECTIVE DATE.—The amendment made (B) by adding at the end the following: (or political subdivision thereof, as defined in by this section shall be effective as of January ‘‘(iii) Subparagraph (A)(i) shall not apply section 218(b)(2)), or 1, 2003. with respect to monthly periodic benefits based ‘‘(II) in the case of such an agreement that SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT RE- in whole or in part on service which constituted was executed by the Commissioner of Social Se- QUIREMENT FOR GOVERNMENT PEN- ‘employment’ as defined in section 210 pursuant curity after the date of enactment of this clause, SION OFFSET EXEMPTION. to an agreement executed with the Commissioner on the date such an agreement was executed by (a) WIFE’S INSURANCE BENEFITS.—Section of Social Security under section 218, provided the Commissioner of Social Security and such 202(b)(4) of the Social Security Act (42 U.S.C. that the widow (or surviving divorced wife) was service was continuous throughout the 60-month 402(b)(4)) is amended— employed in such service— period ending on the last day the individual was (1) in subparagraph (A), by striking ‘‘if, on ‘‘(I) on the date of enactment of this clause employed in the service of the State (or political the last day she was employed by such entity’’ and such service was continuous throughout the subdivision thereof, as so defined).’’. and inserting ‘‘if, during any portion of such 60-month period ending on the last day the (f) EFFECTIVE DATE.—The amendments made service’’; and widow (or surviving divorced wife) was em- by this section shall apply with respect to appli- (2) in subparagraph (B)— ployed in the service of the State (or political cations for benefits under title II of the Social (A) in clause (ii), by striking ‘‘Subparagraph subdivision thereof, as defined in section Security Act filed on or after the first day of the (A)(ii)’’ and inserting ‘‘Clauses (i) and (ii) of 218(b)(2)), or first month that begins after the date of the en- subparagraph (A)’’; and ‘‘(II) in the case of such an agreement that actment of this Act, except that such amend- (B) by adding at the end the following: was executed by the Commissioner of Social Se- ments shall not apply with respect to applica- ‘‘(iii) Subparagraph (A)(i) shall not apply curity after the date of enactment of this clause, tions for benefits under title II of the Social Se- with respect to monthly periodic benefits based on the date such an agreement was executed by curity Act based on earnings while in the service in whole or in part on service which constituted the Commissioner of Social Security and such of any State (or political subdivision thereof, as ‘employment’ as defined in section 210 pursuant service was continuous throughout the 60-month defined in section 218(b)(2) of the Social Secu- to an agreement executed with the Commissioner period ending on the last day the widow (or sur- rity Act)— of Social Security under section 218, provided viving divorced wife) was employed in the serv- (1) if the last day of such service occurs before that the wife (or divorced wife) was employed in ice of the State (or political subdivision thereof, December 31, 2003, or such service— as so defined).’’. (2) in any case in which the last day of such ‘‘(I) on the date of enactment of this clause (d) WIDOWER’S INSURANCE BENEFITS.—Section service occurs before June 30, 2004, subject to a and such service was continuous throughout the 202(f)(2) of such Act (42 U.S.C. 402(f)(2)) is contract for such service entered into prior to 60-month period ending on the last day the wife amended— September 30, 2003.

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SEC. 419. POST-1956 MILITARY WAGE CREDITS. (b) ELIMINATION OF REFERENCE TO OBSOLETE ‘‘(6) STATE AND LOCAL TAXES.—The Trust (a) PAYMENT TO THE SOCIAL SECURITY TRUST 20-DAY AGRICULTURAL WORK TEST.—Section shall be exempt from any income, sales, use, FUNDS IN SATISFACTION OF OUTSTANDING OBLI- 3102(a) of the Internal Revenue Code of 1986 is property, or other similar tax or fee imposed or GATIONS.—Section 201 of the Social Security Act amended by striking ‘‘and the employee has not levied by a State, political subdivision, or local (42 U.S.C. 401) is amended by adding at the end performed agricultural labor for the employer on taxing authority. The district courts of the the following: 20 days or more in the calendar year for cash re- United States shall have original jurisdiction ‘‘(n) Not later than July 1, 2004, the Secretary muneration computed on a time basis’’. over a civil action brought by the Trust to en- of the Treasury shall transfer, from amounts in SEC. 425. TECHNICAL CORRECTION RESPECTING force this subsection and may grant equitable or the general fund of the Treasury that are not SELF-EMPLOYMENT INCOME IN COM- declaratory relief requested by the Trust.’’. otherwise appropriated— MUNITY PROPERTY STATES. (d) FUNDING.—Section 15(j)(8) of the Railroad ‘‘(1) $624,971,854 to the Federal Old-Age and (a) SOCIAL SECURITY ACT AMENDMENT.—Sec- Retirement Act of 1974 (45 U.S.C. 231n(j)(8)) is Survivors Insurance Trust Fund; tion 211(a)(5)(A) of the Social Security Act (42 repealed. ‘‘(2) $105,379,671 to the Federal Disability In- U.S.C. 411(a)(5)(A)) is amended by striking ‘‘all (e) TRANSFERS.— surance Trust Fund; and of the gross income’’ and all that follows and (1) Section 15(k) of the Railroad Retirement ‘‘(3) $173,306,134 to the Federal Hospital In- inserting ‘‘the gross income and deductions at- Act of 1974 (45 U.S.C. 231n(k)) is amended by surance Trust Fund. tributable to such trade or business shall be adding at the end the following: ‘‘At the direc- Amounts transferred in accordance with this treated as the gross income and deductions of tion of the Railroad Retirement Board, the Na- subsection shall be in satisfaction of certain out- the spouse carrying on such trade or business tional Railroad Retirement Investment Trust standing obligations for deemed wage credits for or, if such trade or business is jointly operated, shall transfer funds to the Railroad Retirement 2000 and 2001.’’. treated as the gross income and deductions of Account.’’. (b) CONFORMING AMENDMENTS.— each spouse on the basis of their respective dis- (2) Section 15A(d)(2) of the Railroad Retire- (1) REPEAL OF AUTHORITY FOR ANNUAL APPRO- tributive share of the gross income and deduc- ment Act of 1974 (45 U.S.C. 231n–1(d)(2)) is PRIATIONS AND RELATED ADJUSTMENTS TO COM- tions;’’. amended— PENSATE THE SOCIAL SECURITY TRUST FUND FOR (b) INTERNAL REVENUE CODE OF 1986 AMEND- (A) by inserting ‘‘or the Railroad Retirement MILITARY WAGE CREDITS.—Section 229 of the So- MENT.—Section 1402(a)(5)(A) of the Internal Account’’ after ‘‘National Railroad Retirement cial Security Act (42 U.S.C. 429) is amended— Revenue Code of 1986 is amended by striking Investment Trust’’ the second place it appears; (A) by striking ‘‘(a)’’; and ‘‘all of the gross income’’ and all that follows (B) by inserting ‘‘or the Railroad Retirement (B) by striking subsection (b). and inserting ‘‘the gross income and deductions Board’’ after ‘‘National Railroad Retirement In- (2) AMENDMENT TO REFLECT THE TERMINATION attributable to such trade or business shall be vestment Trust’’ the third place it appears; OF WAGE CREDITS EFFECTIVE AFTER CALENDAR treated as the gross income and deductions of (C) by inserting ‘‘(either directly or through a YEAR 2001 BY SECTION 8134 OF PUBLIC LAW 107– the spouse carrying on such trade or business commingled account consisting only of such ob- 117.—Section 229(a)(2) of the Social Security Act or, if such trade or business is jointly operated, ligations)’’ after ‘‘United States’’ the first place (42 U.S.C. 429(a)(2)), as amended by paragraph treated as the gross income and deductions of it appears; and (1), is amended by inserting ‘‘and before 2002’’ each spouse on the basis of their respective dis- (D) in the third sentence, by inserting before after ‘‘1977’’. tributive share of the gross income and deduc- the period at the end the following: ‘‘or to pur- Subtitle C—Technical Amendments tions; and’’. chase such additional obligations’’. SEC. 421. TECHNICAL CORRECTION RELATING TO SEC. 426. TECHNICAL AMENDMENTS TO THE RAIL- (3) Paragraph (4)(B)(ii) of section 7(b) of the RESPONSIBLE AGENCY HEAD. ROAD RETIREMENT AND SURVIVORS’ Railroad Retirement Act of 1974 (45 U.S.C. Section 1143 of the Social Security Act (42 IMPROVEMENT ACT OF 2001. 231f(b)(4)(B)(ii)) is amended by inserting ‘‘quar- U.S.C. 1320b–13) is amended— (a) QUORUM RULES.—Section 15(j)(7) of the terly or at such other times as the Railroad Re- (1) by striking ‘‘Secretary’’ the first place it Railroad Retirement Act of 1974 (45 U.S.C. tirement Board and the Board of Trustees of the appears and inserting ‘‘Commissioner of Social 231n(j)(7)) is amended by striking ‘‘entire Board National Railroad Retirement Investment Trust Security’’; and of Trustees’’ and inserting ‘‘Trustees then hold- may mutually agree’’ after ‘‘amounts’’ the sec- (2) by striking ‘‘Secretary’’ each subsequent ing office’’. ond place it appears. place it appears and inserting ‘‘Commissioner’’. (b) POWERS OF THE BOARD OF TRUSTEES.— (f) CLERICAL AMENDMENTS.—Section 15(j)(5) of SEC. 422. TECHNICAL CORRECTION RELATING TO Section 15(j)(4) of the Railroad Retirement Act the Railroad Retirement Act of 1974 (45 U.S.C. RETIREMENT BENEFITS OF MIN- of 1974 (45 U.S.C. 231n(j)(4)) is amended to read 231n(j)(5)) is amended— ISTERS. as follows: (1) in subparagraph (B), by striking ‘‘trust- (a) IN GENERAL.—Section 211(a)(7) of the So- ‘‘(4) POWERS OF THE BOARD OF TRUSTEES.— ee’s’’ each place it appears and inserting cial Security Act (42 U.S.C. 411(a)(7)) is amend- The Board of Trustees shall— ‘‘Trustee’s’’; ed by inserting ‘‘, but shall not include in any ‘‘(A) retain independent advisers to assist it in (2) in subparagraph (C), by striking ‘‘trustee’’ such net earnings from self-employment the the formulation and adoption of its investment and ‘‘trustees’’ each place it appears and insert- rental value of any parsonage or any parsonage guidelines; ing ‘‘Trustee’’ and ‘‘Trustees’’, respectively; and allowance (whether or not excluded under sec- ‘‘(B) invest assets of the Trust in a manner (3) in the matter preceding clause (i) of sub- tion 107 of the Internal Revenue Code of 1986) consistent with such investment guidelines, ei- paragraph (D), by striking ‘‘trustee’’ and insert- provided after the individual retires, or any ther directly or through the retention of inde- ing ‘‘Trustee’’. other retirement benefit received by such indi- pendent investment managers; Subtitle D—Amendments Related to Title XVI vidual from a church plan (as defined in section ‘‘(C) adopt bylaws and other rules to govern 414(e) of such Code) after the individual retires’’ SEC. 430. EXCLUSION FROM INCOME FOR CER- its operations; TAIN INFREQUENT OR IRREGULAR before the semicolon. ‘‘(D) employ professional staff, and contract INCOME AND CERTAIN INTEREST OR (b) EFFECTIVE DATE.—The amendment made with outside advisers, including the Railroad DIVIDEND INCOME. by this section shall apply to years beginning Retirement Board, to provide legal, accounting, (a) INFREQUENT OR IRREGULAR INCOME.—Sec- before, on, or after December 31, 1994. investment advisory or management services tion 1612(b)(3) of the Social Security Act (42 SEC. 423. TECHNICAL CORRECTIONS RELATING (compensation for which may be on a fixed con- U.S.C. 1382a(b)(3)) is amended to read as fol- TO DOMESTIC EMPLOYMENT. tract fee basis or on such other terms as are cus- lows— (a) AMENDMENT TO INTERNAL REVENUE tomary for such services), or other services nec- ‘‘(3) in any calendar quarter, the first— CODE.—Section 3121(a)(7)(B) of the Internal essary for the proper administration of the ‘‘(A) $60 of unearned income, and Revenue Code of 1986 is amended by striking Trust; ‘‘(B) $30 of earned income, ‘‘described in subsection (g)(5)’’ and inserting ‘‘(E) sue and be sued and participate in legal of such individual (and such spouse, if any) ‘‘on a farm operated for profit’’. proceedings, have and use a seal, conduct busi- which, as determined in accordance with cri- (b) AMENDMENT TO SOCIAL SECURITY ACT.— ness, carry on operations, and exercise its pow- teria prescribed by the Commissioner of Social Section 209(a)(6)(B) of the Social Security Act ers within or without the District of Columbia, Security, is received too infrequently or irregu- (42 U.S.C. 409(a)(6)(B)) is amended by striking form, own, or participate in entities of any kind, larly to be included;’’. ‘‘described in section 210(f)(5)’’ and inserting enter into contracts and agreements necessary (b) INTEREST OR DIVIDEND INCOME.—Section ‘‘on a farm operated for profit’’. to carry out its business purposes, lend money 1612(b) of the Social Security Act (42 U.S.C. (c) CONFORMING AMENDMENT.—Section for such purposes, and deal with property as se- 1382a(b)) is amended— 3121(g)(5) of such Code and section 210(f)(5) of curity for the payment of funds so loaned, and (1) in paragraph (21), by striking ‘‘and’’ at such Act (42 U.S.C. 410(f)(5)) are amended by possess and exercise any other powers appro- the end; striking ‘‘or is domestic service in a private priate to carry out the purposes of the Trust; (2) in paragraph (22), by striking the period home of the employer’’. ‘‘(F) pay administrative expenses of the Trust and inserting ‘‘; and’’; and SEC. 424. TECHNICAL CORRECTIONS OF OUT- from the assets of the Trust; and (3) by adding at the end the following: DATED REFERENCES. ‘‘(G) transfer money to the disbursing agent or ‘‘(23) interest or dividend income from re- (a) CORRECTION OF CITATION RESPECTING THE as otherwise provided in section 7(b)(4), to pay sources— TAX DEDUCTION RELATING TO HEALTH INSUR- benefits payable under this Act from the assets ‘‘(A) not excluded under section 1613(a), or ANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.— of the Trust.’’. ‘‘(B) excluded pursuant to Federal law other Section 211(a)(15) of the Social Security Act (42 (c) STATE AND LOCAL TAXES.—Section 15(j)(6) than section 1613(a).’’. U.S.C. 411(a)(15)) is amended by striking ‘‘sec- of the Railroad Retirement Act of 1974 (45 (c) EFFECTIVE DATE.—The amendments made tion 162(m)’’ and inserting ‘‘section 162(l)’’. U.S.C. 231n(j)(6)) is amended to read as follows: by this section shall be effective with respect to

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16179 benefits payable for months in calendar quarters (1) SSI.— SEC. 436. REMOVAL OF RESTRICTION ON PAY- MENT OF BENEFITS TO CHILDREN that begin more than 90 days after the date of (A) INCOME.—Section 1612(b) of the Social Se- the enactment of this Act. WHO ARE BORN OR WHO BECOME curity Act (42 U.S.C. 1382a(b)) (as amended by BLIND OR DISABLED AFTER THEIR SEC. 431. UNIFORM 9-MONTH RESOURCE EXCLU- section 430(a)(2)) is amended— MILITARY PARENTS ARE STATIONED SION PERIODS. (i) in paragraph (22), by striking ‘‘and’’ at the OVERSEAS. (a) UNDERPAYMENTS OF BENEFITS.—Section end; (a) IN GENERAL.—Section 1614(a)(1)(B)(ii) of 1613(a)(7) of the Social Security Act (42 U.S.C. the Social Security Act (42 U.S.C. 1382b(a)(7)) is amended— (ii) in paragraph (23), by striking the period and inserting ‘‘; and’’; and 1382c(a)(1)(B)(ii)) is amended— (1) by striking ‘‘6’’ and inserting ‘‘9’’; and (1) by inserting ‘‘and’’ after ‘‘citizen of the (2) by striking ‘‘(or to the first 9 months fol- (iii) by adding at the end the following: United States,’’; and lowing such month with respect to any amount ‘‘(24) any cash or in-kind benefit conferred (2) by striking ‘‘, and who,’’ and all that fol- so received during the period beginning October upon (or paid on behalf of) an individual serv- lows and inserting a period. 1, 1987, and ending September 30, 1989)’’. ing as a volunteer or participant in a program (b) EFFECTIVE DATE.—The amendments made (b) ADVANCEABLE TAX CREDITS.—Section administered by the Corporation for National by this section shall be effective with respect to 1613(a)(11) of the Social Security Act (42 U.S.C. and Community Service for service in such pro- benefits payable for months beginning after the 1382b(a)(11)) is amended to read as follows: gram.’’. date of enactment of this Act, but only on the ‘‘(11) for the 9-month period beginning after basis of an application filed after such date. the month in which received— (B) SUBSTANTIAL GAINFUL ACTIVITY.—Section ‘‘(A) notwithstanding section 203 of the Eco- 1614(a)(3) of the Social Security Act (42 U.S.C. SEC. 437. TREATMENT OF EDUCATION-RELATED nomic Growth and Tax Relief Reconciliation Act 1382c(a)(3)) is amended by adding at the end the INCOME AND RESOURCES. of 2001, any refund of Federal income taxes following: (a) EXCLUSION FROM INCOME OF GIFTS PRO- made to such individual (or such spouse) under ‘‘(K) In determining under subparagraph (A) VIDED FOR TUITION AND OTHER EDUCATION-RE- section 24 of the Internal Revenue Code of 1986 when services performed or earnings derived LATED FEES.—Section 1612(b)(7) of the Social Se- (relating to child tax credit) by reason of sub- from services demonstrate an individual’s ability curity Act (42 U.S.C. 1382a(b)(7)) is amended by section (d) thereof; and to engage in substantial gainful activity, the striking ‘‘or fellowship received for use in pay- ‘‘(B) any refund of Federal income taxes made Commissioner of Social Security shall disregard ing’’ and inserting ‘‘fellowship, or gift (or por- to such individual (or such spouse) by reason of services performed as a volunteer or participant tion of a gift) used to pay’’. (b) EXCLUSION FROM RESOURCES FOR 9 section 32 of the Internal Revenue Code of 1986 in any program administered by the Corporation MONTHS OF GRANTS, SCHOLARSHIPS, FELLOW- (relating to earned income tax credit), and any for National and Community Service, and any SHIPS, OR GIFTS PROVIDED FOR TUITION AND payment made to such individual (or such earnings derived from such service.’’. OTHER EDUCATION-RELATED FEES.—Section spouse) by an employer under section 3507 of (2) SSDI.—Section 223(d)(4) of such Act (42 such Code (relating to advance payment of 1613(a) of the Social Security Act (42 U.S.C. U.S.C. 423(d)(4)) is amended by adding at the 1382b(a)) (as amended by section 101(c)(2)) is earned income credit);’’. end the following: (c) EFFECTIVE DATE.—The amendments made amended— by this section shall take effect on the date of ‘‘(C) In determining under subparagraph (A) (1) in paragraph (13), by striking ‘‘and’’ at enactment of this Act, and shall apply to when services performed or earnings derived the end; amounts described in paragraph (7) of section from services demonstrate an individual’s ability (2) in paragraph (14), by striking the period 1613(a) of the Social Security Act and refunds of to engage in substantial gainful activity, the and inserting ‘‘; and’’; and Federal income taxes described in paragraph Commissioner of Social Security shall disregard (3) by inserting after paragraph (14) the fol- (11) of such section, that are received by an eli- services performed as a volunteer or participant lowing: gible individual or eligible spouse on or after in any program administered by the Corporation ‘‘(15) for the 9-month period beginning after such date. for National and Community Service, and any the month in which received, any grant, schol- earnings derived from such service.’’. arship, fellowship, or gift (or portion of a gift) SEC. 432. MODIFICATION OF DEDICATED AC- COUNT REQUIREMENTS. (b) EFFECTIVE DATE.—The amendments made used to pay the cost of tuition and fees at any (a) IN GENERAL.—Section 1631(a)(2)(F) of the by this section shall apply to benefits payable educational (including technical or vocational Social Security Act (42 U.S.C. 1383(a)(2)(F)) is for months beginning on or after 60 days after education) institution.’’. amended— the date of enactment of this Act. (c) EFFECTIVE DATE.—The amendments made (1) in clause (ii)(II)— by this section shall apply to benefits payable SEC. 435. EXCEPTION TO RETROSPECTIVE (A) in item (ff), by striking ‘‘or’’ at the end; for months that begin more than 90 days after MONTHLY ACCOUNTING FOR NON- the date of enactment of this Act. (B) by redesignating item (gg) as item (hh); RECURRING INCOME. (C) by inserting after item (ff) the following: SEC. 438. MONTHLY TREATMENT OF UNIFORMED ‘‘(gg) reimbursement of expenditures incurred (a) IN GENERAL.—Section 1611(c) of the Social SERVICE COMPENSATION. by the representative payee that are for the Security Act (42 U.S.C. 1382(c)) is amended by (a) TREATMENT OF PAY AS RECEIVED WHEN good of such individual; or’’; and adding at the end the following: EARNED.—Section 1611(c) of the Social Security (D) in the matter following item (hh) (as re- ‘‘(9)(A) Notwithstanding paragraphs (1) and Act (42 U.S.C. 1382(c)), as amended by section designated by subparagraph (B)), by striking (2), any nonrecurring income which is paid to 435(a), is amended by adding at the end the fol- ‘‘(gg), is related to the impairment (or combina- an individual in the first month of any period of lowing: tion of impairments)’’ and inserting ‘‘(hh), is ex- eligibility shall be taken into account in deter- ‘‘(10) For purposes of this subsection, remu- pended for the good’’; and mining the amount of the benefit under this title neration for service performed as a member of a (2) in clause (iv), by inserting ‘‘, including of such individual (and his eligible spouse, if uniformed service may be treated as received in with respect to allowable expenses paid from the any) only for that month, and shall not be the month in which it was earned, if the Com- account in accordance with clause (ii)(II)’’ be- taken into account in determining the amount missioner of Social Security determines that fore the period. of the benefit for any other month. such treatment would promote the economical (b) EFFECTIVE DATE.—The amendments made ‘‘(B) For purposes of subparagraph (A), pay- and efficient administration of the program au- by this section take effect on January 1, 2004, ments to an individual in varying amounts from thorized by this title.’’. and apply with respect to allowable expenses in- the same or similar source for the same or simi- (b) EFFECTIVE DATE.—The amendments made curred or accounts established on or after that lar purpose shall not be considered to be non- by this section shall apply to benefits payable date. recurring income.’’. for months that begin more than 90 days after SEC. 433. ELIMINATION OF CERTAIN RESTRIC- the date of enactment of this Act. (b) DELETION OF OBSOLETE MATERIAL.—Sec- TIONS ON THE APPLICATION OF THE SEC. 439. UPDATE OF RESOURCE LIMITS. STUDENT EARNED INCOME EXCLU- tion 1611(c)(2)(B) of the Social Security Act (42 (a) INCREASE.—Section 1611(a)(3) of the Social SION. U.S.C. 1382(c)(2)(B)) is amended to read as fol- Security Act (42 U.S.C. 1382(a)(3)) is amended— (a) IN GENERAL.—Section 1612(b)(1) of the So- lows: (1) in subparagraph (A), by adding at the end cial Security Act (42 U.S.C. 1382a(b)(1)) is ‘‘(B) in the case of the first month following the following: ‘‘On January 1, 2004, such dollar amended by striking ‘‘a child who’’ and insert- a period of ineligibility in which eligibility is re- amount shall be increased to an amount equal ing ‘‘under the age of 22 and’’. stored after the first day of such month, bear to 150 percent of the dollar amount applicable to (b) EFFECTIVE DATE.—The amendment made the same ratio to the amount of the benefit an individual described in paragraph by this section shall be effective with respect to which would have been payable to such indi- (1)(B)(ii).’’; and benefits payable for months that begin on or vidual if eligibility had been restored on the first (2) in subparagraph (B)— after 1 year after the date of enactment of this day of such month as the number of days in (A) by striking ‘‘and’’ the last place it ap- Act. such month including and following the date of pears; and SEC. 434. EXCLUSION OF AMERICORPS AND restoration of eligibility bears to the total num- (B) by inserting ‘‘, and to $3,000 on January OTHER VOLUNTEER BENEFITS FOR ber of days in such month.’’. 1, 2004’’ before the period. PURPOSES OF DETERMINING SUP- PLEMENTAL SECURITY INCOME ELI- (c) EFFECTIVE DATE.—The amendments made (b) COST-OF-LIVING ADJUSTMENT.—Section GIBILITY AND BENEFIT AMOUNTS by this section shall be effective with respect to 1617(a)(1) of the Social Security Act (42 U.S.C. AND SOCIAL SECURITY DISABILITY benefits payable for months that begin on or 1382f(a)(1)) is amended by inserting ‘‘(a)(3)(B),’’ INSURANCE ENTITLEMENT. after 1 year after the date of enactment of this before ‘‘(b)(1)’’. (a) IN GENERAL.— Act. (c) EFFECTIVE DATES.—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16180 CONGRESSIONAL RECORD — SENATE December 9, 2003 (1) INCREASE.—The amendments made by sub- There being no objection, the mate- mines that such a survey can be prepared for section (a) shall take effect on January 1, 2004. rial was ordered to be printed in the less than the amount appropriated, then the (2) COST-OF-LIVING ADJUSTMENT.—The amend- RECORD, as follows: full $8.5 million should not be used. The ment made by subsection (b) shall take effect on Commissioner has the authority to limit the EXPLANATION OF THE MANAGER’S AMENDMENT January 1, 2005. amount expended under this provision to TO H.R. 743, THE ‘‘SOCIAL SECURITY PROTEC- SEC. 440. REVIEW OF STATE AGENCY BLINDNESS that lesser amount. The Committees expect TION ACT OF 2003’’ AS REPORTED BY THE AND DISABILITY DETERMINATIONS. the Commissioner to carefully assess the de- SENATE COMMITTEE ON FINANCE, REPORT Section 1633 of the Social Security Act (42 sign of the audit to ensure that it is being 108–176 U.S.C. 1383b) is amended by adding at the end performed as economically as possible, while the following: Section 107. Survey of use of payments by rep- still meeting the objective of obtaining in- ‘‘(e)(1) The Commissioner of Social Security resentative payees formation that is of sufficient statistical va- shall review determinations, made by State The Manager’s amendment would limit the lidity to assist in increasing the knowledge agencies pursuant to subsection (a) in connec- scope and cost of the survey and change the and understanding of the representative tion with applications for benefits under this organization designated to have the respon- payee program and facilitating its possible title on the basis of blindness or disability, that sibility for conducting the survey. improvement. individuals who have attained 18 years of age As a result of the Manager’s amendment, Effective Date are blind or disabled. Any review by the Com- the Commissioner of Social Security, in con- missioner of Social Security of a State agency sultation with the Inspector General of the The report will be due to the Committee on determination under this paragraph shall be Social Security Administration (SSA), the Ways and Means of the House of Representa- made before any action is taken to implement General Accounting Office, the Committee tives and the Committee on Finance of the the determination. on Ways and Means of the House of Rep- Senate 18 months after the date of enact- ‘‘(2)(A) In carrying out paragraph (1), the resentatives, and the Committee on Finance ment of this Act. Commissioner of Social Security shall review— of the Senate, shall conduct a one-time audit Section 203. Denial of Title II benefits to persons ‘‘(i) with respect to fiscal year 2004, at least 25 of a representative sample of representative fleeing prosecution, custody, or confine- percent of all determinations referred to in para- payees who are not subject to triennial on- ment, and to persons violating probation or graph (1) that are made in such year after the site review or other random review under parole later of— SSA policy or law, as amended by this bill. The Manager’s amendment would sub- ‘‘(I) March 31; and That is, the sample shall include individual stitute the following ‘‘good cause’’ exception ‘‘(II) the date of enactment of this subsection; representative payees serving one or several for the original provision included in the and beneficiaries; individual ‘‘high-volume’’ pay- Committee-reported bill. ‘‘(ii) with respect to fiscal years after fiscal ees serving more than several but fewer than Press accounts, hearing testimony and year 2004, at least 50 percent of all such deter- 15 beneficiaries; individual ‘‘high-volume’’ other information provided to the Commit- minations that are made in each such fiscal payees serving more than several but fewer tees have identified cases in which benefit year. continuation may be justified due to extenu- ‘‘(B) In conducting reviews pursuant to sub- than 15 beneficiaries; and non-fee-for-service ating circumstances. In light of this, the pro- paragraph (A), the Commissioner of Social Secu- organizational payees who are serving fewer vision gives the Commissioner authority to rity shall, to the extent feasible, select for review than 50 beneficiaries. The cost of this audit pay Title II or Title XVI benefits that were those determinations which the Commissioner of will not be greater than $8.5 million. The re- withheld, or would otherwise be withheld, if Social Security identifies as being the most like- sults of the audit should be presented in a re- there is good cause in the following cir- ly to be incorrect.’’. port to the Committee on Ways and Means of the House of Representatives and the Com- cumstances: Mr. GRASSLEY. Mr. President, I mittee on Finance of the Senate. First, the Commissioner shall apply the urge my colleagues to support H.R. 743, The audit shall assess the extent to which good cause exception if a court of competent the Social Security Protection Act of representative payees are not performing jurisdiction finds the person is not guilty, 2003. their duties as payees in accordance with charges are dismissed, a warrant for arrest is The Social Security Protection Act SSA standards for payee conduct. Such SSA vacated, or there are similar exonerating cir- of 2003 provides the Social Security Ad- standards include, but are not limited to, cumstances found by the court. Second, the Commissioner shall apply the ministration with important new tools whether the funds are being used for the benefit of the beneficiary. To the extent pos- good cause exception if the individual estab- to fight waste, fraud, and abuse. This sible, the report shall identify which types of lishes to the satisfaction of the Commis- bill would eliminate benefits to fugi- payees have the highest risk of misuse of sioner that he or she was the victim of iden- tive felons. It would prohibit benefits benefits, and suggest ways to reduce those tity fraud and the warrant was erroneously to illegal workers. It would eliminate risks and better protect beneficiaries. issued on such basis. the ‘‘last day’’ loophole in the Govern- In conducting the audit, the Commissioner Third, the Commissioner may apply the ment Pension Offset. It would provide shall take special care to avoid excessive in- good cause exception if the criminal offense additional oversight of representative trusiveness into family affairs, including was non-violent and not drug-related, and in making appropriate adjustments to its audit the case of probation or parole violators, payees. Finally, the bill would improve methodology. if some or all of the audit is both the violation and the underlying offense benefits for person with disabilities. contracted out, such contractor shall be cho- were non-violent and not drug-related. How- This bill passed the House of Rep- sen with due regard for its experience in con- ever, in such cases, the Commissioner may resentatives in April. The Senate Com- ducting reviews of individuals and families, only establish good cause based on miti- mittee on Finance approved the bill in as well as businesses and other organiza- gating factors such as the nature and sever- September with a number of important tions. ity of the crime, the length of time that has changes. In the course of conducting the audit and passed since the warrant was issued, whether In order to expedite passage of this preparing the report, the Commissioner, or a other crimes have been committed in the in- designated contractor, may make observa- terim, and the beneficiary’s mental capacity legislation, Senator BAUCUS and I have tions about the adequacy of payees’ actions to resolve the issue. worked closely with the chairman and and recommendations for change or further This document (which is to accompany the the ranking member of the Social Se- review. However, determinations as to Manager’s amendment) also seeks to clarify curity Subcommittee of the House whether funds have been misused and/or two issues with respect to current law. First, Ways and Means Committee over the whether a payee should be changed must be section 1611(e)(5)(A)(ii) of the Social Security past several weeks. The result of this made only by the Commissioner. Further, Act (42 USC 1382(e)(5)(A)(ii)) requires a law work is reflected in the managers’ those conducting the survey should not pro- enforcement officer to notify the Commis- amendment that has now been incor- vide advice, guidance or other feedback to sioner that an SSI recipient has information necessary for the officer to conduct his offi- porated into this bill. payees that are reviewed under this audit regarding their performance as payees. cial duties. I have drafted an explanation of the This provision authorizes and appropriates The Manager’s amendment deletes this in- amendment that has been agreed to by up to $8.5 million under subsection 1110(a) of formation requirement in (A)(ii) to clarify the chairman and the ranking member the Social Security Act to carry out this that a law enforcement officer only needs to of the House Social Security Sub- audit. However, these funds are appropriated notify the Commissioner of the recipient’s committee, as well as by the chairman in addition to any funds appropriated for fugitive status (or parole / probation status), and ranking member of the Senate Fi- this subsection under any other law. There is and the officer’s duty to locate or apprehend nance Committee. I ask unanimous no intention of reducing the funds that the recipient. This change is not intended to consent that the explanation be print- would otherwise be available under this sub- have any effect on the existing interpreta- section to carry out any other projects. tion or application of section 1611 and is con- ed in the RECORD. It is expected that the Commissioner will sistent with current practices and proce- I strongly urge my colleagues to sup- carry out a survey that is statistically valid dures. port this commonsense, bipartisan leg- at reasonable levels of confidence and preci- Second, several recent decisions by Admin- islation. sion. However, if the Commissioner deter- istrative Law Judges have noted that neither

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16181 the current statute nor the current regula- rent law, dedicated accounts are required qualified representatives directly out of tions define the phrase ‘‘fleeing to avoid when an individual receives past-due benefits past-due benefits for Title II and Title XVI prosecution.’’ This report provides the fol- equal to 6 times the Federal Benefit Rate claims and would enable Congress (in con- lowing clarification. If it is reasonable to (FBR); installment payments are required junction with the GAO study required under conclude that the individual knew or should when past due benefits are to be 12 times the Section 304) to assess whether such an exten- have known that criminal charges were FBR. The amendment clarifies that these sion of fee withholding would increase access pending, or has been made aware of such triggering amounts would be based on the to qualified professional representation. charges by the SSA, then the individual amount of past-due benefits that remain Effective Date should be considered ‘‘fleeing,’’ whether or after attorney fees that the Social Security Applies with respect to fees for representa- not law enforcement seeks arrest or extra- Administration paid directly to the attorney tion that are first required to be certified or dition. out of past-due benefits are deducted. paid after the date the Commissioner sub- Section 206. Penalty for corrupt or forcible inter- Effective Date mits to Congress a notice that she has com- ference with administration of the Social Se- Applies with respect to fees for representa- pleted the actions necessary to fully imple- curity Act tion that are first required to be certified or ment this demonstration project. The in- The Manager’s amendment makes a tech- paid on or after the date the Commissioner terim reports would be due annually, and the nical correction to address a drafting error. submits to Congress a notice that she has final report would be due 90 days after the termination of the demonstration. Section 209. Authority for judicial orders of res- completed the actions necessary to fully im- titution plement the demonstration project under Section 304. GAO study of fee payment process Section 303. for claimant representatives The Manager’s amendment makes tech- The Manager’s amendment re-designates nical corrections and eliminates the special Section 303. Nationwide demonstration project Section 302 as Section 304 and modifies the restitution account created within the providing for extension of fee withholding procedures to non-attorney representatives GAO study. Treasury Department. Funds collected The Committee-reported bill called for a through restitution would instead be cred- The Manager’s amendments adds the fol- study based upon the potential results of exited to the Social Security trust funds or the lowing new section. tending fee withholding to Title XVI and to general fund of the U.S. Treasury, as appro- Present Law non-attorneys. As modified by the Manager’s priate. An individual applying for Title II or Title amendment, the study will now be based on Section 210. Information for administration of XVI benefits may seek the assistance of an- the actual results of such an extension as provisions related to non-covered employ- other person. The person assisting the appli- provided in Section 302 and Section 303 of the ment cant may not charge or receive a fee unless bill. The Manager’s amendment would strike the Social Security Administration (SSA) The GAO report would provide a com- this section. approves it. If the person assisting the indi- prehensive overview of the appointment and payment of claimant representatives. It Section 212. Prohibition of payment of Title II vidual is an attorney and the individual is would include a survey of all categories of benefits to persons not authorized to work awarded past-due benefits under Title II, the representatives—both attorneys and non-at- in the United States SSA may deduct the attorney’s fee from the individual’s benefits and pay the attorney di- torneys, as well as those who do and do not The Manager’s amendment would make a rectly—minus a fee to cover the SSA’s ad- elect fee withholding. It would compare technical correction related to certain non- ministrative costs. claimant outcomes by type of representa- citizens and change the effective date. tives. It would also compare the costs and B–1 visa holders are generally aliens vis- Explanation of Provision benefits of fee withholding from the perspec- iting the United States temporarily for busi- This provision would authorize a nation- tive of the Social Security Administration, ness on behalf of a foreign employer. Accord- wide demonstration project to allow non-at- claimants, and representatives. ing to State Department regulations, the B– torneys the option of fee withholding under GAO would evaluate the interactions be- 1 visa holder conducts business as a continu- both Title II and Title XVI for a period of tween fee withholding, the windfall offset, ation of his foreign employment. D visa hold- five years. The SSA would charge a 6.3 per- and interim assistance reimbursement. This ers are generally alien flight attendants who cent assessment on approved fees, subject to evaluation would consider the effects of such enter into an employment contract in the a $75 cap (indexed for inflation), as applies to interactions on claimant outcomes, access to United States with a U.S. airline and who attorneys under section 206 and section representatives, and reimbursements to the only fly into and out of the United States. 1631(d)(2) of the Act. Federal and State governments. Although these categories of visa holders Non-attorney representatives seeking di- Finally, GAO would make recommenda- are not technically authorized to work in the rect payment of fees under the demonstra- tions for any legislative or administrative United States, such persons are legally tion project would need to meet at least the changes deemed appropriate. The report present in the United States while they are following prerequisites: hold a bachelor’s de- would be due no later than 3 years after the working. Thus, they should not be subject to gree or equivalent experience, pass an exam- implementation date of Section 303. the benefit prohibition. ination written and administered by the Section 401. Application of demonstration au- The Manager’s amendment would also Commissioner, secure professional liability thority sunset date to new projects change the effective date to limit the appli- insurance or the equivalent, undergo a crimi- The Manager’s amendment would extend cation of this provision to persons with So- nal background check, and complete con- the demonstration authority through De- cial Security numbers issued after January tinuing education courses. The provision cember 18, 2005, rather than making it per- 1, 2004. This change would provide the Social would require the Commissioner to imple- manent, and allow projects initiated by De- Security Administration the opportunity to ment and carry out the demonstration cember 17, 2005 to be completed thereafter. develop the recordkeeping system necessary project no later than one year after the date Section 407. Reauthorization of appropriations to enforce the provision. of enactment. The demonstration project for certain work incentives programs Section 302. Temporary extension of attorney fee would terminate 5 years after being fully im- The Manager’s amendment adds the fol- payment system to Title XVI claims plemented. lowing new section. The Commissioner may charge a reason- The Manager’s amendment re-designates Present Law able fee to individuals seeking approval for Section 302 as Section 304 and adopts the direct payments. Such fees should be com- The Ticket to Work Act directs SSA to es- House-passed provision to extend the current parable to the fees charged to other profes- tablish a community-based program to pro- Title II attorney fee withholding process to sionals subject to similar regulation. vide benefit planning and assistance to dis- Title XVI for a period of five years. The Commissioner should consult with rel- abled beneficiaries. To establish this pro- The amendment would also cap the 6.3 per- evant experts in the area of disability policy gram, SSA is required to award cooperative cent assessment on approved attorney rep- and professional ethics (including, but not agreements (or grants or contracts) to State resentation fees at $75 (indexed for infla- limited to, experienced non-attorney and at- or private entities. Services include dissemi- tion), as provided for Title II claims under torney disability claimant representatives, nating accurate information on work incen- Section 301 of the bill. disability advocates, and organizations that tive programs (the Ticket to Work, section With respect to the cap of $75 for Title II develop and administer examinations for the 1619 programs, etc.) and related issues to all and Title XVI claims, it should be noted that regulation of professionals) in developing the disabled beneficiaries. In fulfillment of this the cap applies on a per case basis. (Concur- exam and in determining whether other pre- requirement, SSA has established the Bene- rent cases shall be treated as a single case fits Planning, Assistance, and Outreach requisites should be required. for this purpose.) In a case multiple rep- (BPAO) program. The Act also authorizes The Commissioner would be required to resentatives, the SAA should apply the as- SSA to award grants to State protection and submit interim reports on the progress of the sessment proportionately to each representa- advocacy (P&A) systems so that they can demonstration and a final report after the tive issued a check and in no case should the provide protection and advocacy services to conclusion of the demonstration. cumulative assessment exceed $75. disabled beneficiaries. Services include infor- Finally, the amendment would amend the Reason for Change mation and advice about obtaining voca- existing dedicated account and installment The demonstration project authorized by tional rehabilitation and employment serv- payment provisions in Title XVI. Under cur- this section would allow the SSA to pay all ices and advocacy or other services that a

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16182 CONGRESSIONAL RECORD — SENATE December 9, 2003 disabled beneficiary may need to secure, Explanation of Provision their efforts to work to the fullest extent maintain, or regain employment. SSA has This provision requires the Social Security possible. established the Protection and Advocacy to Administration to send a modified Social Se- Effective Date Beneficiaries of Social Security (PABSS) curity Statement to non-covered employees The provision is effective on the first day Program pursuant to this authorization. that describes the potential maximum ben- of the seventh month that begins after the The Ticket to Work Act authorizes certain efit reductions that may result from the re- date of enactment of this Act. funding amounts to be appropriated for these ceipt of a Federal, State, or local govern- Section 426. Technical amendments to the Rail- BPAO and PABSS programs for the fiscal ment pension based on employment that is road Retirement and Survivors’ Improve- years 2000 through 2004. not subject to Social Security payroll taxes. ment Act of 2001 Explanation of Provision It also requires government employers to The Manager’s amendment strikes sub- notify newly hired non-covered employees of This provision extends the authorization sections (e)(1) and (e)(3). to appropriate funding for these programs the potential maximum effect of non-covered Section 432. Modification of the dedicated ac- for another five fiscal years. work on their Social Security benefits. The count requirements Reason for Change employer shall obtain signed documentation of such notification from the employee and The Manager’s amendment strikes this SSA cannot continue to fund the BPAO transmit a copy to the pension paying enti- section. and PABSS programs beyond fiscal year 2004 ty. Section 434. Exclusion of Americorps and other without an extension of authorization. These Reason for Change volunteer benefits for purposes of deter- programs provide essential vocational reha- mining supplemental security income eligi- Organizations representing State and local bilitation and employment services for dis- bility and benefit amounts and social Secu- employees report their members are often abled beneficiaries to secure, maintain, and rity disability insurance entitlement regain employment and reduce their depend- unaware of the GPO and WEP provisions The Manager’s amendment strikes this ency on cash benefit programs. until they apply for retirement benefits. The section. Effective Date Committee believes the Social Security Ad- ministration should utilize the annual earn- Section 439. Update of resource limit Upon enactment. ings statement mailed to every employee age The Manager’s amendment strikes this Section 416. Coverage under divided retirement 25 and over to more explicitly inform State section. system for public employees in Kentucky and local employees about the GPO and Section 440. Review of state agency blindness and Louisiana WEP. It is important that these employees and disability determinations also be informed about their options to be- The Manager’s amendment would incor- The Manager’s amendment strikes this come exempt from these provisions by elect- porate the House-passed provision in place of section. the Committee’s provision, and add the ing coverage under the Social Security pro- Mr. BAUCUS. Mr. President, I rise gram. State of Louisiana, as requested by its State today to urge my colleagues to support Treasurer. Efective Date H.R. 743, the Social Security Protec- Section 418. 60-month period of employment re- Government employers must provide noti- quirement for application of government tion Act of 2003 as modified. H.R. 743 is fication of the potential effect of non-cov- bipartisan legislation developed by pension offset exemption ered work beginning with employees hired on The Manager’s amendment would adopt or after January 1, 2005. The Social Security Ways and Means Social Security Sub- the House-passed provision with a revised ef- Administration must provide the modified committee Chairman SHAW and Rank- fective date and transition rule. This provi- Social Security Statements beginning Janu- ing Member MATSUI. H.R. 743 passed sion is effective with respect to individuals ary 1, 2007. the House by a vote of 396 to 28, and whose last day of State or local government Section 420A. Elimination of disincentives to re- was reported by the Committee on Fi- service occurs on or after July 1, 2004. The turn to work for childhood disability bene- nance with unanimous support. In Manager’s amendment would adopt the ficiaries keeping with the bipartisan tradition House-passed provision with a revised effec- The Manager’s amendment adds the fol- of the Senate Finance Committee and tive date and transition rule. This provision lowing new section. is effective with respect to individuals whose with the bipartisan origins of this leg- last day of State or local government service Current Law islation, Senator GRASSLEY and I have occurs on or after July 1, 2004. The transition A Childhood Disability Beneficiary worked together to further refine this rule allows State or local employees, who re- (CDB)—sometimes also referred to as a Dis- legislation for Senate consideration. tire from government employment within abled Adult Child (DAC)—whose benefits ter- H.R. 743 makes a number of impor- five years of enactment, to count previous minate because disability ceased can become tant changes to the Social Security work within the same retirement system to- re-entitled on the parent’s record only if he and Supplemental Security Income, wards the 60-month requirement. Such pre- or she is disabled within the 7-year period SSI, programs. These changes will ac- following the month benefits terminate and vious work must meet both of the following complish a number of important goals: criteria: (a) the work was covered under both is not entitled to higher benefits on his or Social Security and the government pension her own record. they will enhance the financial secu- system, and (b) the work was performed Explanation of Provision rity of some of the most vulnerable prior to the date of enactment. beneficiaries of these programs, in- The provisions would allow re-entitlement The Manager’s amendment also consoli- to childhood disability benefits after the 7- crease protections to seniors from de- dated existing provisions of the Social Secu- year period if the beneficiary’s previous enti- ceptive practices by individuals in the rity Act in order to co-locate the govern- tlement had terminated because disability private sector, reduce disincentives to ment pension offset provision with the provi- ceased due to the performance of Substantial employment for disabled individuals, sion on which it is modeled, the dual entitle- Gainful Activity (SGA) and the beneficiary improve program integrity and thereby ment rule for covered workers. is not entitled to higher benefits on his or save money for the Social Security and Section 419. Disclosure to workers of effect of her own record. This provision would not Medicare trust funds and for taxpayers, windfall elimination provision and govern- apply to beneficiaries whose previous enti- and make the Social Security program ment pension offset provision tlement terminated based on medical im- more equitable. The Manager’s amendment re-designates provement. One of the most important results of Section 419 as Section 420 and adds the fol- Reason for Change lowing new section. this legislation will be to enhance the Prohibiting re-entitlement to childhood Present Law financial security of the almost 7 mil- disability benefits after the expiration of the lion Social Security and SSI bene- There are approximately 7.5 million work- 7-year period is a significant disincentive to ers who do not pay taxes into the Social Se- return-to-work for a CDB. Many CDBs find ficiaries who are not capable of man- curity system. The majority of these work- that the benefits for which they qualify on aging their own financial affairs due to ers are State and local government employ- their own work record are less—often signifi- advanced age or disability. The Social ees. Many of these government workers may cantly less—than the benefits they received Security Administration, SSA, cur- eventually qualify for Social Security as the as a CDB based on a parent’s work history. rently appoints individuals or organi- result of other employment, or as the spouse The permanent loss of benefits on the par- zations to act as ‘‘representative pay- or survivor of a worker covered by Social Se- ent’s record remains a major disincentive for ees’’ for such beneficiaries. Most of curity. The Government Pension Offset a CDB to attempt to return to work, one not these representative payees perform (GPO) and the Windfall Elimination Provi- addressed by the Ticket to Work and Work sion (WEP) were enacted—in 1977 and 1983, Incentives Improvement Act of 1999. Al- their roles conscientiously. However, respectively—to provide more equitable though this provision is expected to affect some do not—indeed there have even treatment of covered and non-covered work- very few individuals, the change will make a been instances of terrible abuse in this ers. significant difference for those individuals in program.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16183 It is imperative that Congress take ered by Social Security, to the Federal (b) TABLE OF CONTENTS.—The table of con- action to guard vulnerable seniors and Employee Retirement System, FERS, a tents is as follows: disabled individuals from such abuse. system that is covered by Social Secu- Sec. 1. Short title and table of contents. This legislation increases requirements rity, must work for 5 years under TITLE I—PROTECTION OF BENEFICIARIES for SSA to provide restitution to bene- FERS in order to be exempt from the Subtitle A—Representative Payees ficiaries when representative payees GPO. H.R. 743 makes the exemption to Sec. 101. Authority to reissue benefits misused defraud the beneficiaries of their bene- the Government Pension Offset similar by organizational representative fits. The legislation also tightens the for State and local government work- payees. qualifications for representative payers as for Federal Government workers. Sec. 102. Oversight of representative payees. ees, increases oversight of the program, I believe that each of the provisions Sec. 103. Disqualification from service as rep- and imposes stricter penalties on those of H.R. 743 deserve the support of the resentative payee of persons con- Senate. Moreover, in an attempt to ex- victed of offenses resulting in im- who violate their responsibilities. Fi- prisonment for more than 1 year nally, the legislation provides—for the pedite Congressional passage of this or fleeing prosecution, custody, or first time ever—that there will be a legislation, the changes that Senator confinement. one-time audit of a representative sam- GRASSLEY and I want to make to the Sec. 104. Fee forfeiture in case of benefit misuse ple of representative payees to assess bill as reported by the Finance Com- by representative payees. the extent to which representative pay- mittee have already been worked out Sec. 105. Liability of representative payees for ees are not using the beneficiary’s with both the chairman and the rank- misused benefits. Sec. 106. Authority to redirect delivery of ben- funds for the benefit of the beneficiary. ing member of the Social Security Sub- committee of the House Ways and efit payments when a representa- The legislation expands the protective payee fails to provide re- tion to seniors and disabled individuals Means Committee. Moreover, we have quired accounting. by increasing the list of references to ‘‘report language’’ that has been agreed Sec. 107. Survey of use of payments by rep- Social Security, Medicare and Med- to by the chairman and the ranking resentative payees. icaid which cannot be used by private- member of the Social Security Sub- Subtitle B—Enforcement sector individuals, companies and orga- committee—as well as by the chairman Sec. 111. Civil monetary penalty authority with nizations to give a false impression of and ranking member of the Senate Fi- respect to wrongful conversions Federal endorsement. The legislation nance Committee which will be in- by representative payees. also protects seniors from those who cluded in the CONGRESSIONAL RECORD TITLE II—PROGRAM PROTECTIONS deceptively attempt to charge them for directly following the legislative lan- Sec. 201. Civil monetary penalty authority with services that the seniors could receive guage. This statement provides details respect to withholding of material for free from SSA. about each of the provisions of the leg- facts. The legislation eliminates a disincen- islation, as well as the rationale behind Sec. 202. Issuance by Commissioner of Social tive to return to work for childhood each provision. Security of receipts to acknowl- disability beneficiaries. The provision This legislation contains the types of edge submission of reports of improvements we can all agree on, as changes in work or earnings sta- would make it easier to regain child- tus of disabled beneficiaries. hood disability benefits for disabled demonstrated by the overwhelming bi- Sec. 203. Denial of title II benefits to persons adult children who had returned to partisan vote in the House, and the bi- fleeing prosecution, custody, or work at one time. Additionally, H.R. partisan, bicameral agreement of the confinement, and to persons vio- 743 also includes technical amendments chairmen and ranking members of the lating probation or parole. to improve the effectiveness of the committees of jurisdiction. I whole- Sec. 204. Requirements relating to offers to pro- Ticket to Work and Work Incentives heartedly urge my colleagues in the vide for a fee, a product or service Senate to approve these sensible and available without charge from the Improvement Act, legislation passed in Social Security Administration. 1999 to help beneficiaries with disabil- important changes. Mr. FRIST. Mr. President, I ask Sec. 205. Refusal to recognize certain individ- ities become employed and move to- uals as claimant representatives. ward self-sufficiency. unanimous consent that the Grassley Sec. 206. Criminal penalty for corrupt or forc- H.R. 743 improves program integrity amendment at the desk be agreed to, ible interference with administra- by expanding the current prohibition the committee substitute, as amended, tion of Social Security Act. against paying benefits to fugitive fel- be agreed to; the bill, as amended, be Sec. 207. Use of symbols, emblems, or names in ons. As part of the 1996 welfare reform read a third time and passed, the mo- reference to social security or medicare. law, Congress banned the payment of tion to reconsider be laid upon the table, and any statements relating to Sec. 208. Disqualification from payment during SSI benefits to these individuals. How- trial work period upon conviction ever, under current law, fugitive felons the bill be printed in the RECORD. of fraudulent concealment of can still receive Social Security bene- The PRESIDING OFFICER. Without work activity. fits under title II. This legislation pro- objection, it is so ordered. Sec. 209. Authority for judicial orders of restitu- hibits the payment of title II Social The amendment (No. 2227) was agreed tion. Security benefits to fugitive felons. to. Sec. 210. Authority for cross-program recovery The bill also makes the Social Secu- (The amendment is printed in today’s of benefit overpayments. Sec. 211. Prohibition on payment of title II ben- rity program more equitable by includ- RECORD under ‘‘Text of Amendments.’’) The committee amendment in the efits to persons not authorized to ing a provision to make an exemption nature of a substitute, as amended, was work in the United States. to the Government Pension Offset agreed to. TITLE III—ATTORNEY REPRESENTATIVE more uniform. The Government Pen- The bill (H.R. 743), as amended, was FEE PAYMENT SYSTEM IMPROVEMENTS sion Offset, GPO, was enacted in order read the third time and passed, as fol- Sec. 301. Cap on attorney assessments. to equalize the treatment of workers in lows: Sec. 302. Temporary extension of attorney fee jobs not covered by Social Security and payment system to title XVI workers in jobs covered by Social Secu- H.R. 743 claims. rity, with respect to spousal and sur- Resolved, That the bill from the House of Sec. 303. Nationwide demonstration project pro- vivors benefits. The GPO reduces the Representatives (H.R. 743) entitled ‘‘An Act viding for extension of fee with- to amend the Social Security Act and the In- Social Security spousal or survivors holding procedures to non-attor- ternal Revenue Code of 1986 to provide addi- ney representatives. benefit by an amount equal to two- tional safeguards for Social Security and Sec. 304. GAO study regarding the fee payment thirds of the Government pension. Supplemental Security Income beneficiaries process for claimant representa- However, as a GAO report highlighted, with representative payees, to enhance pro- tives. State and local government workers gram protections, and for other purposes.’’, TITLE IV—MISCELLANEOUS AND are exempt from the GPO if their job do pass with the following amendment: TECHNICAL AMENDMENTS on their last day of employment was Strike out all after the enacting clause and insert: Subtitle A—Amendments Relating to the Ticket covered by Social Security. In con- SECTION 1. SHORT TITLE AND TABLE OF CON- to Work and Work Incentives Improvement trast, Federal workers who switched TENTS. Act of 1999 from the Civil Service Retirement Sys- (a) SHORT TITLE.—This Act may be cited as Sec. 401. Application of demonstration author- tem, CSRS, a system that is not cov- the ‘‘Social Security Protection Act of 2003’’. ity sunset date to new projects.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0637 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16184 CONGRESSIONAL RECORD — SENATE December 9, 2003 Sec. 402. Expansion of waiver authority avail- Sec. 436. Monthly treatment of uniformed serv- ‘‘(i) is not an individual (regardless of wheth- able in connection with dem- ice compensation. er it is a ‘qualified organization’ within the onstration projects providing for TITLE I—PROTECTION OF BENEFICIARIES meaning of subparagraph (D)(ii)); or reductions in disability insurance ‘‘(ii) is an individual who, for any month dur- Subtitle A—Representative Payees benefits based on earnings. ing a period when misuse occurs, serves 15 or Sec. 403. Funding of demonstration projects SEC. 101. AUTHORITY TO REISSUE BENEFITS MIS- more individuals who are beneficiaries under providing for reductions in dis- USED BY ORGANIZATIONAL REP- this title, title II, title VIII, or any combination RESENTATIVE PAYEES. ability insurance benefits based of such titles; on earnings. (a) TITLE II AMENDMENTS.— misuses all or part of an individual’s benefit Sec. 404. Availability of Federal and State work (1) REISSUANCE OF BENEFITS.—Section 205(j)(5) paid to such representative payee, the Commis- incentive services to additional in- of the Social Security Act (42 U.S.C. 405(j)(5)) is sioner of Social Security shall pay to the bene- dividuals. amended by inserting after the first sentence the ficiary or the beneficiary’s alternative represent- Sec. 405. Technical amendment clarifying treat- following: ‘‘In any case in which a representa- ative payee an amount equal to the amount of ment for certain purposes of indi- tive payee that— such benefit so misused. The provisions of this vidual work plans under the Tick- ‘‘(A) is not an individual (regardless of subparagraph are subject to the limitations of et to Work and Self-Sufficiency whether it is a ‘qualified organization’ within subparagraph (H)(ii).’’. Program. the meaning of paragraph (4)(B)); or (2) EXCLUSION OF REISSUED BENEFITS FROM ‘‘(B) is an individual who, for any month dur- Sec. 406. GAO study regarding the Ticket to RESOURCES.—Section 1613(a) of such Act (42 Work and Self-Sufficiency Pro- ing a period when misuse occurs, serves 15 or U.S.C. 1382b(a)) is amended— gram. more individuals who are beneficiaries under (A) in paragraph (12), by striking ‘‘and’’ at Sec. 407. Reauthorization of appropriations for this title, title VIII, title XVI, or any combina- the end; certain work incentives programs. tion of such titles; (B) in paragraph (13), by striking the period misuses all or part of an individual’s benefit Subtitle B—Miscellaneous Amendments and inserting ‘‘; and’’; and paid to such representative payee, the Commis- (C) by inserting after paragraph (13) the fol- Sec. 411. Elimination of transcript requirement sioner of Social Security shall certify for pay- lowing: in remand cases fully favorable to ment to the beneficiary or the beneficiary’s al- ‘‘(14) for the 9-month period beginning after the claimant. ternative representative payee an amount equal the month in which received, any amount re- Sec. 412. Nonpayment of benefits upon removal to the amount of such benefit so misused. The ceived by such individual (or spouse) or any from the United States. provisions of this paragraph are subject to the Sec. 413. Reinstatement of certain reporting re- other person whose income is deemed to be in- limitations of paragraph (7)(B).’’. cluded in such individual’s (or spouse’s) income quirements. (2) MISUSE OF BENEFITS DEFINED.—Section Sec. 414. Clarification of definitions regarding for purposes of this title as restitution for bene- 205(j) of such Act (42 U.S.C. 405(j)) is amended fits under this title, title II, or title VIII that a certain survivor benefits. by adding at the end the following: Sec. 415. Clarification respecting the FICA and representative payee of such individual (or ‘‘(8) For purposes of this subsection, misuse of spouse) or such other person under section SECA tax exemptions for an indi- benefits by a representative payee occurs in any vidual whose earnings are subject 205(j), 807, or 1631(a)(2) has misused.’’. case in which the representative payee receives (3) MISUSE OF BENEFITS DEFINED.—Section to the laws of a totalization payment under this title for the use and benefit agreement partner. 1631(a)(2)(A) of such Act (42 of another person and converts such payment, U.S.C. 1383(a)(2)(A)) is amended by adding at Sec. 416. Coverage under divided retirement sys- or any part thereof, to a use other than for the tem for public employees in Ken- the end the following: use and benefit of such other person. The Com- ‘‘(iv) For purposes of this paragraph, misuse tucky and Louisiana. missioner of Social Security may prescribe by Sec. 417. Compensation for the Social Security of benefits by a representative payee occurs in regulation the meaning of the term ‘use and Advisory Board. any case in which the representative payee re- benefit’ for purposes of this paragraph.’’. Sec. 418. 60-month period of employment receives payment under this title for the use and (b) TITLE VIII AMENDMENTS.— quirement for application of gov- benefit of another person and converts such (1) REISSUANCE OF BENEFITS.—Section 807(i) of ernment pension offset exemption. payment, or any part thereof, to a use other the Social Security Act (42 U.S.C. 1007(i)) is Sec. 419. Disclosure to workers of effect of than for the use and benefit of such other per- amended further by inserting after the first sen- windfall elimination provision son. The Commissioner of Social Security may tence the following: ‘‘In any case in which a and government pension offset prescribe by regulation the meaning of the term representative payee that— provision. ‘use and benefit’ for purposes of this clause.’’. ‘‘(A) is not an individual; or Sec. 420. Post-1956 Military Wage Credits. (d) EFFECTIVE DATE.—The amendments made ‘‘(B) is an individual who, for any month dur- Sec. 420A. Elimination of disincentive to return- by this section shall apply to any case of benefit ing a period when misuse occurs, serves 15 or to-work for childhood disability misuse by a representative payee with respect to more individuals who are beneficiaries under beneficiaries. which the Commissioner of Social Security this title, title II, title XVI, or any combination makes the determination of misuse on or after Subtitle C—Technical Amendments of such titles; January 1, 1995. Sec. 421. Technical correction relating to re- misuses all or part of an individual’s benefit SEC. 102. OVERSIGHT OF REPRESENTATIVE PAY- sponsible agency head. paid to such representative payee, the Commis- EES. Sec. 422. Technical correction relating to retire- sioner of Social Security shall pay to the bene- (a) CERTIFICATION OF BONDING AND LICENSING ment benefits of ministers. ficiary or the beneficiary’s alternative represent- REQUIREMENTS FOR NONGOVERNMENTAL ORGANI- Sec. 423. Technical corrections relating to do- ative payee an amount equal to the amount of ZATIONAL REPRESENTATIVE PAYEES.— mestic employment. such benefit so misused. The provisions of this (1) TITLE II AMENDMENTS.—Section 205(j) of Sec. 424. Technical corrections of outdated ref- paragraph are subject to the limitations of sub- the Social Security Act (42 U.S.C. 405(j)) is erences. section (l)(2).’’. amended— Sec. 425. Technical correction respecting self- (2) MISUSE OF BENEFITS DEFINED.—Section 807 (A) in paragraph (2)(C)(v), by striking ‘‘a employment income in community of such Act (42 U.S.C. 1007) is amended by add- community-based nonprofit social service agen- property States. ing at the end the following: cy licensed or bonded by the State’’ in subclause Sec. 426. Technical amendments to the Railroad ‘‘(j) MISUSE OF BENEFITS.—For purposes of (I) and inserting ‘‘a certified community-based Retirement and Survivors’ Im- this title, misuse of benefits by a representative nonprofit social service agency (as defined in provement Act of 2001. payee occurs in any case in which the rep- paragraph (9))’’; Subtitle D—Amendments Related to Title XVI resentative payee receives payment under this (B) in paragraph (3)(F), by striking ‘‘commu- Sec. 430. Exclusion from income for certain in- title for the use and benefit of another person nity-based nonprofit social service agencies’’ frequent or irregular income and under this title and converts such payment, or and inserting ‘‘certified community-based non- certain interest or dividend in- any part thereof, to a use other than for the use profit social service agencies (as defined in come. and benefit of such person. The Commissioner of paragraph (9))’’; Sec. 431. Uniform 9-month resource exclusion Social Security may prescribe by regulation the (C) in paragraph (4)(B), by striking ‘‘any periods. meaning of the term ‘use and benefit’ for pur- community-based nonprofit social service agen- Sec. 432. Elimination of certain restrictions on poses of this subsection.’’. cy which is bonded or licensed in each State in the application of the student (3) TECHNICAL AMENDMENT.—Section 807(a) of which it serves as a representative payee’’ and earned income exclusion. such Act (42 U.S.C. 1007(a)) is amended, in the inserting ‘‘any certified community-based non- Sec. 433. Exception to retrospective monthly ac- first sentence, by striking ‘‘for his or her ben- profit social service agency (as defined in para- counting for nonrecurring income. efit’’ and inserting ‘‘for his or her use and ben- graph (9))’’; and Sec. 434. Removal of restriction on payment of efit’’. (D) by adding after paragraph (8) (as added benefits to children who are born (c) TITLE XVI AMENDMENTS.— by section 101(a)(2) of this Act) the following: or who become blind or disabled (1) REISSUANCE OF BENEFITS.—Section ‘‘(9) For purposes of this subsection, the term after their military parents are 1631(a)(2)(E) of such Act (42 ‘certified community-based nonprofit social serv- stationed overseas. U.S.C. 1383(a)(2)(E)) is amended by inserting ice agency’ means a community-based nonprofit Sec. 435. Treatment of education-related income after the first sentence the following: ‘‘In any social service agency which is in compliance and resources. case in which a representative payee that— with requirements, under regulations which

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16185 shall be prescribed by the Commissioner, for an- ing such fiscal year in connection with benefits Commissioner shall provide for the periodic on- nual certification to the Commissioner that it is under this title. Each such report shall describe site review of any person or agency that receives bonded in accordance with requirements speci- in detail all problems identified in such reviews the benefits payable under this title (alone or in fied by the Commissioner and that it is licensed and any corrective action taken or planned to combination with benefits payable under title II in each State in which it serves as a representa- be taken to correct such problems, and shall in- or title VIII) to another individual pursuant to tive payee (if licensing is available in the State) clude— the appointment of the person or agency as a in accordance with requirements specified by ‘‘(i) the number of such reviews; representative payee under this paragraph, sec- the Commissioner. Any such annual certifi- ‘‘(ii) the results of such reviews; tion 205(j), or section 807 in any case in which— cation shall include a copy of any independent ‘‘(iii) the number of cases in which the rep- ‘‘(I) the representative payee is a person who audit on the agency which may have been per- resentative payee was changed and why; serves in that capacity with respect to 15 or formed since the previous certification.’’. ‘‘(iv) the number of cases involving the exer- more such individuals; (2) TITLE XVI AMENDMENTS.—Section cise of expedited, targeted oversight of the rep- ‘‘(II) the representative payee is a certified 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is resentative payee by the Commissioner con- community-based nonprofit social service agen- amended— ducted upon receipt of an allegation of misuse cy (as defined in subparagraph (I) of this para- (A) in subparagraph (B)(vii), by striking ‘‘a of funds, failure to pay a vendor, or a similar ir- graph or section 205(j)(9)); or community-based nonprofit social service agen- regularity; ‘‘(III) the representative payee is an agency cy licensed or bonded by the State’’ in subclause ‘‘(v) the number of cases discovered in which (other than an agency described in subclause (I) and inserting ‘‘a certified community-based there was a misuse of funds; (II)) that serves in that capacity with respect to nonprofit social service agency (as defined in ‘‘(vi) how any such cases of misuse of funds 50 or more such individuals. subparagraph (I))’’; were dealt with by the Commissioner; ‘‘(ii) Within 120 days after the end of each fis- (B) in subparagraph (D)(ii)— ‘‘(vii) the final disposition of such cases of cal year, the Commissioner shall submit to the (i) by striking ‘‘or any community-based’’ and misuse of funds, including any criminal pen- Committee on Ways and Means of the House of all that follows through ‘‘in accordance’’ in alties imposed; and Representatives and the Committee on Finance subclause (II) and inserting ‘‘or any certified ‘‘(viii) such other information as the Commis- of the Senate a report on the results of periodic community-based nonprofit social service agen- sioner deems appropriate.’’. onsite reviews conducted during the fiscal year cy (as defined in subparagraph (I)), if the agen- (2) TITLE VIII AMENDMENT.—Section 807 of pursuant to clause (i) and of any other reviews cy, in accordance’’; such Act (as amended by section 101(b)(2) of this of representative payees conducted during such (ii) by redesignating items (aa) and (bb) as Act) is amended further by adding at the end fiscal year in connection with benefits under subclauses (I) and (II), respectively (and adjust- the following: this title. Each such report shall describe in de- ing the margins accordingly); and ‘‘(k) PERIODIC ONSITE REVIEW.— tail all problems identified in the reviews and (iii) by striking ‘‘subclause (II)(bb)’’ and in- ‘‘(1) IN GENERAL.—In addition to such other any corrective action taken or planned to be serting ‘‘subclause (II)’’; and reviews of representative payees as the Commis- taken to correct the problems, and shall in- (C) by adding at the end the following: sioner of Social Security may otherwise conduct, clude— ‘‘(I) For purposes of this paragraph, the term the Commissioner may provide for the periodic ‘‘(I) the number of the reviews; ‘certified community-based nonprofit social serv- onsite review of any person or agency that re- ‘‘(II) the results of such reviews; ice agency’ means a community-based nonprofit ceives the benefits payable under this title ‘‘(III) the number of cases in which the rep- social service agency which is in compliance (alone or in combination with benefits payable resentative payee was changed and why; with requirements, under regulations which under title II or title XVI) to another individual ‘‘(IV) the number of cases involving the exer- shall be prescribed by the Commissioner, for an- pursuant to the appointment of such person or cise of expedited, targeted oversight of the rep- nual certification to the Commissioner that it is agency as a representative payee under this sec- resentative payee by the Commissioner con- bonded in accordance with requirements speci- tion, section 205(j), or section 1631(a)(2) in any ducted upon receipt of an allegation of misuse fied by the Commissioner and that it is licensed case in which— of funds, failure to pay a vendor, or a similar ir- in each State in which it serves as a representa- ‘‘(A) the representative payee is a person who regularity; tive payee (if licensing is available in the State) serves in that capacity with respect to 15 or ‘‘(V) the number of cases discovered in which in accordance with requirements specified by more such individuals; or there was a misuse of funds; the Commissioner. Any such annual certifi- ‘‘(B) the representative payee is an agency ‘‘(VI) how any such cases of misuse of funds cation shall include a copy of any independent that serves in that capacity with respect to 50 or were dealt with by the Commissioner; audit on the agency which may have been per- more such individuals. ‘‘(VII) the final disposition of such cases of formed since the previous certification.’’. ‘‘(2) REPORT.—Within 120 days after the end misuse of funds, including any criminal pen- (3) EFFECTIVE DATE.—The amendments made of each fiscal year, the Commissioner shall sub- alties imposed; and by this subsection shall take effect on the first mit to the Committee on Ways and Means of the ‘‘(VIII) such other information as the Commis- day of the thirteenth month beginning after the House of Representatives and the Committee on sioner deems appropriate.’’. date of the enactment of this Act. Finance of the Senate a report on the results of SEC. 103. DISQUALIFICATION FROM SERVICE AS (b) PERIODIC ONSITE REVIEW.— periodic onsite reviews conducted during the fis- REPRESENTATIVE PAYEE OF PER- (1) TITLE II AMENDMENT.—Section 205(j)(6) of cal year pursuant to paragraph (1) and of any SONS CONVICTED OF OFFENSES RE- such Act (42 U.S.C. 405(j)(6)) is amended to read other reviews of representative payees con- SULTING IN IMPRISONMENT FOR as follows: ducted during such fiscal year in connection MORE THAN 1 YEAR OR FLEEING ‘‘(6)(A) In addition to such other reviews of with benefits under this title. Each such report PROSECUTION, CUSTODY, OR CON- representative payees as the Commissioner of shall describe in detail all problems identified in FINEMENT. Social Security may otherwise conduct, the such reviews and any corrective action taken or (a) TITLE II AMENDMENTS.—Section 205(j)(2) Commissioner shall provide for the periodic on- planned to be taken to correct such problems, of the Social Security Act (42 U.S.C. 405(j)(2)) is site review of any person or agency located in and shall include— amended— the United States that receives the benefits pay- ‘‘(A) the number of such reviews; (1) in subparagraph (B)(i)— able under this title (alone or in combination ‘‘(B) the results of such reviews; (A) by striking ‘‘and’’ at the end of subclause with benefits payable under title VIII or title ‘‘(C) the number of cases in which the rep- (III); XVI) to another individual pursuant to the ap- resentative payee was changed and why; (B) by redesignating subclause (IV) as sub- pointment of such person or agency as a rep- ‘‘(D) the number of cases involving the exer- clause (VI); and resentative payee under this subsection, section cise of expedited, targeted oversight of the rep- (C) by inserting after subclause (III) the fol- 807, or section 1631(a)(2) in any case in which— resentative payee by the Commissioner con- lowing: ‘‘(i) the representative payee is a person who ducted upon receipt of an allegation of misuse ‘‘(IV) obtain information concerning whether serves in that capacity with respect to 15 or of funds, failure to pay a vendor, or a similar ir- such person has been convicted of any other of- more such individuals; regularity; fense under Federal or State law which resulted ‘‘(ii) the representative payee is a certified ‘‘(E) the number of cases discovered in which in imprisonment for more than 1 year, community-based nonprofit social service agen- there was a misuse of funds; ‘‘(V) obtain information concerning whether cy (as defined in paragraph (9) of this sub- ‘‘(F) how any such cases of misuse of funds such person is a person described in section section or section 1631(a)(2)(I)); or were dealt with by the Commissioner; 202(x)(1)(A)(iv), and’’; ‘‘(iii) the representative payee is an agency ‘‘(G) the final disposition of such cases of mis- (2) in subparagraph (B), by adding at the end (other than an agency described in clause (ii)) use of funds, including any criminal penalties the following: that serves in that capacity with respect to 50 or imposed; and ‘‘(iii) Notwithstanding the provisions of sec- more such individuals. ‘‘(H) such other information as the Commis- tion 552a of title 5, United States Code, or any ‘‘(B) Within 120 days after the end of each fis- sioner deems appropriate.’’. other provision of Federal or State law (other cal year, the Commissioner shall submit to the (3) TITLE XVI AMENDMENT.—Section than section 6103 of the Internal Revenue Code Committee on Ways and Means of the House of 1631(a)(2)(G) of such Act (42 of 1986 and section 1106(c) of this Act), the Com- Representatives and the Committee on Finance U.S.C. 1383(a)(2)(G)) is amended to read as fol- missioner shall furnish any Federal, State, or of the Senate a report on the results of periodic lows: local law enforcement officer, upon the written onsite reviews conducted during the fiscal year ‘‘(G)(i) In addition to such other reviews of request of the officer, with the current address, pursuant to subparagraph (A) and of any other representative payees as the Commissioner of social security account number, and photograph reviews of representative payees conducted dur- Social Security may otherwise conduct, the (if applicable) of any person investigated under

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16186 CONGRESSIONAL RECORD — SENATE December 9, 2003 this paragraph, if the officer furnishes the Com- (1) in clause (ii)— an individual for any month with respect to missioner with the name of such person and (A) by striking ‘‘and’’ at the end of subclause which the Commissioner of Social Security or a such other identifying information as may rea- (III); court of competent jurisdiction has determined sonably be required by the Commissioner to es- (B) by redesignating subclause (IV) as sub- that the organization misused all or part of the tablish the unique identity of such person, and clause (VI); and individual’s benefit, and any amount so col- notifies the Commissioner that— (C) by inserting after subclause (III) the fol- lected by the qualified organization for such ‘‘(I) such person is described in section lowing: month shall be treated as a misused part of the 202(x)(1)(A)(iv), ‘‘(IV) obtain information concerning whether individual’s benefit for purposes of paragraphs ‘‘(II) such person has information that is nec- the person has been convicted of any other of- (5) and (6). The Commissioner’’. essary for the officer to conduct the officer’s offense under Federal or State law which resulted (b) TITLE XVI AMENDMENTS.—Section ficial duties, and in imprisonment for more than 1 year; 1631(a)(2)(D)(i) of such Act (42 ‘‘(III) the location or apprehension of such ‘‘(V) obtain information concerning whether U.S.C. 1383(a)(2)(D)(i)) is amended— person is within the officer’s official duties.’’; such person is a person described in section (1) in the first sentence, by striking ‘‘A’’ and (3) in subparagraph (C)(i)(II)— 1611(e)(4)(A); and’’; inserting ‘‘Except as provided in the next sen- (A) by striking ‘‘subparagraph (B)(i)(IV),,’’ (2) in clause (iii)(II)— tence, a’’; and and inserting ‘‘subparagraph (B)(i)(VI)’’; and (A) by striking ‘‘clause (ii)(IV)’’ and inserting (2) in the second sentence, by striking ‘‘The (B) by striking ‘‘section 1631(a)(2)(B)(ii)(IV)’’ ‘‘clause (ii)(VI)’’; and Commissioner’’ and inserting the following: ‘‘A and inserting ‘‘section 1631(a)(2)(B)(ii)(VI)’’; (B) by striking ‘‘section 205(j)(2)(B)(i)(IV)’’ qualified organization may not collect a fee from and and inserting ‘‘section 205(j)(2)(B)(i)(VI)’’; an individual for any month with respect to (4) in subparagraph (C)(i)— (3) in clause (iii)— which the Commissioner of Social Security or a (A) by striking ‘‘or’’ at the end of subclause (A) by striking ‘‘or’’ at the end of subclause court of competent jurisdiction has determined (II); (II); that the organization misused all or part of the (B) by striking the period at the end of sub- (B) by striking the period at the end of sub- individual’s benefit, and any amount so col- clause (III) and inserting a comma; and clause (III) and inserting a semicolon; and lected by the qualified organization for such (C) by adding at the end the following: (C) by adding at the end the following: month shall be treated as a misused part of the ‘‘(IV) such person has previously been con- ‘‘(IV) the person has previously been con- individual’s benefit for purposes of subpara- victed as described in subparagraph (B)(i)(IV), victed as described in clause (ii)(IV) of this sub- graphs (E) and (F). The Commissioner’’. unless the Commissioner determines that such paragraph, unless the Commissioner determines (c) EFFECTIVE DATE.—The amendments made certification would be appropriate notwith- that the payment would be appropriate notwith- by this section shall apply to any month involv- standing such conviction, or standing the conviction; or ing benefit misuse by a representative payee in ‘‘(V) such person is person described in sec- ‘‘(V) such person is a person described in sec- any case with respect to which the Commis- tion 202(x)(1)(A)(iv).’’. tion 1611(e)(4)(A).’’; and sioner of Social Security or a court of competent (b) TITLE VIII AMENDMENTS.—Section 807 of (4) by adding at the end the following: such Act (42 U.S.C. 1007) is amended— jurisdiction makes the determination of misuse ‘‘(xiv) Notwithstanding the provisions of sec- after 180 days after the date of the enactment of (1) in subsection (b)(2)— tion 552a of title 5, United States Code, or any (A) by striking ‘‘and’’ at the end of subpara- this Act. other provision of Federal or State law (other SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES graph (C); than section 6103 of the Internal Revenue Code (B) by redesignating subparagraph (D) as sub- FOR MISUSED BENEFITS. of 1986 and section 1106(c) of this Act), the Com- paragraph (F); and (a) TITLE II AMENDMENTS.—Section 205(j) of missioner shall furnish any Federal, State, or (C) by inserting after subparagraph (C) the the Social Security Act (42 U.S.C. 405(j)) (as local law enforcement officer, upon the written following: amended by sections 101 and 102) is amended ‘‘(D) obtain information concerning whether request of the officer, with the current address, further— such person has been convicted of any other of- social security account number, and photograph (1) by redesignating paragraphs (7), (8), and fense under Federal or State law which resulted (if applicable) of any person investigated under (9) as paragraphs (8), (9), and (10), respectively; in imprisonment for more than 1 year; this subparagraph, if the officer furnishes the (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), ‘‘(E) obtain information concerning whether Commissioner with the name of such person and by striking ‘‘paragraph (9)’’ and inserting such person is a person described in section such other identifying information as may rea- ‘‘paragraph (10)’’; 804(a)(2); and’’; sonably be required by the Commissioner to es- (3) in paragraph (6)(A)(ii), by striking ‘‘para- (2) in subsection (b), by adding at the end the tablish the unique identity of such person, and graph (9)’’ and inserting ‘‘paragraph (10)’’; and following: notifies the Commissioner that— (4) by inserting after paragraph (6) the fol- ‘‘(3) Notwithstanding the provisions of section ‘‘(I) such person is described in section lowing: 552a of title 5, United States Code, or any other 1611(e)(4)(A), ‘‘(7)(A) If the Commissioner of Social Security provision of Federal or State law (other than ‘‘(II) such person has information that is nec- or a court of competent jurisdiction determines section 6103 of the Internal Revenue Code of essary for the officer to conduct the officer’s of- that a representative payee that is not a Fed- 1986 and section 1106(c) of this Act), the Com- ficial duties, and eral, State, or local government agency has mis- missioner shall furnish any Federal, State, or ‘‘(III) the location or apprehension of such used all or part of an individual’s benefit that local law enforcement officer, upon the written person is within the officer’s official duties.’’. was paid to such representative payee under request of the officer, with the current address, (d) EFFECTIVE DATE.—The amendments made this subsection, the representative payee shall social security account number, and photograph by this section shall take effect on the first day be liable for the amount misused, and such (if applicable) of any person investigated under of the thirteenth month beginning after the date amount (to the extent not repaid by the rep- this subsection, if the officer furnishes the Com- of the enactment of this Act. resentative payee) shall be treated as an over- missioner with the name of such person and (e) REPORT TO CONGRESS.—The Commissioner payment of benefits under this title to the rep- such other identifying information as may rea- of Social Security, in consultation with the In- resentative payee for all purposes of this Act sonably be required by the Commissioner to es- spector General of the Social Security Adminis- and related laws pertaining to the recovery of tablish the unique identity of such person, and tration, shall prepare a report evaluating such overpayments. Subject to subparagraph notifies the Commissioner that— whether the existing procedures and reviews for (B), upon recovering all or any part of such ‘‘(A) such person is described in section the qualification (including disqualification) of amount, the Commissioner shall certify an 804(a)(2), representative payees are sufficient to enable amount equal to the recovered amount for pay- ‘‘(B) such person has information that is nec- the Commissioner to protect benefits from being ment to such individual or such individual’s al- essary for the officer to conduct the officer’s of- misused by representative payees. The Commis- ternative representative payee. ficial duties, and sioner shall submit the report to the Committee ‘‘(B) The total of the amount certified for pay- ‘‘(C) the location or apprehension of such per- on Ways and Means of the House of Represent- ment to such individual or such individual’s alson is within the officer’s official duties.’’; and atives and the Committee on Finance of the Sen- ternative representative payee under subpara- (3) in subsection (d)(1)— ate no later than 270 days after the date of the graph (A) and the amount certified for payment (A) by striking ‘‘or’’ at the end of subpara- enactment of this Act. The Commissioner shall under paragraph (5) may not exceed the total graph (B); include in such report any recommendations benefit amount misused by the representative (B) by striking the period at the end of sub- that the Commissioner considers appropriate. payee with respect to such individual.’’. paragraph (C) and inserting a semicolon; and SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT (b) TITLE VIII AMENDMENT.—Section 807 of (C) by adding at the end the following: MISUSE BY REPRESENTATIVE PAY- such Act (as amended by section 102(b)(2)) is ‘‘(D) such person has previously been con- EES. amended further by adding at the end the fol- victed as described in subsection (b)(2)(D), un- (a) TITLE II AMENDMENTS.—Section lowing: less the Commissioner determines that such pay- 205(j)(4)(A)(i) of the Social Security Act (42 ‘‘(l) LIABILITY FOR MISUSED AMOUNTS.— ment would be appropriate notwithstanding U.S.C. 405(j)(4)(A)(i)) is amended— ‘‘(1) IN GENERAL.—If the Commissioner of So- such conviction; or (1) in the first sentence, by striking ‘‘A’’ and cial Security or a court of competent jurisdiction ‘‘(E) such person is a person described in sec- inserting ‘‘Except as provided in the next sen- determines that a representative payee that is tion 804(a)(2).’’. tence, a’’; and not a Federal, State, or local government agency (c) TITLE XVI AMENDMENTS.—Section (2) in the second sentence, by striking ‘‘The has misused all or part of a qualified individ- 1631(a)(2)(B) of such Act (42 Secretary’’ and inserting the following: ‘‘A ual’s benefit that was paid to such representa- U.S.C. 1383(a)(2)(B)) is amended— qualified organization may not collect a fee from tive payee under this section, the representative

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payee shall be liable for the amount misused, (2) by inserting after paragraph (2) the fol- (b) EFFECTIVE DATE.—The amendment made and such amount (to the extent not repaid by lowing: by this section shall apply with respect to viola- the representative payee) shall be treated as an ‘‘(3) AUTHORITY TO REDIRECT DELIVERY OF tions committed after the date of the enactment overpayment of benefits under this title to the BENEFIT PAYMENTS WHEN A REPRESENTATIVE of this Act. representative payee for all purposes of this Act PAYEE FAILS TO PROVIDE REQUIRED ACCOUNT- TITLE II—PROGRAM PROTECTIONS and related laws pertaining to the recovery of ING.—In any case in which the person described SEC. 201. CIVIL MONETARY PENALTY AUTHORITY such overpayments. Subject to paragraph (2), in paragraph (1) or (2) receiving benefit pay- WITH RESPECT TO WITHHOLDING OF upon recovering all or any part of such amount, ments on behalf of a qualified individual fails to MATERIAL FACTS. the Commissioner shall make payment of an submit a report required by the Commissioner of (a) TREATMENT OF WITHHOLDING OF MATE- amount equal to the recovered amount to such Social Security under paragraph (1) or (2), the RIAL FACTS.— qualified individual or such qualified individ- Commissioner may, after furnishing notice to (1) CIVIL PENALTIES.—Section 1129(a)(1) of the ual’s alternative representative payee. such person and the qualified individual, re- Social Security Act (42 U.S.C. 1320a–8(a)(1)) is ‘‘(2) LIMITATION.—The total of the amount quire that such person appear in person at a amended— paid to such individual or such individual’s al- United States Government facility designated by (A) by striking ‘‘who’’ in the first sentence ternative representative payee under paragraph the Social Security Administration as serving and inserting ‘‘who—’’; (1) and the amount paid under subsection (i) the area in which the qualified individual re- (B) by striking ‘‘makes’’ in the first sentence may not exceed the total benefit amount misused sides in order to receive such benefit pay- and all that follows through ‘‘shall be subject by the representative payee with respect to such ments.’’. to,’’ and inserting the following: individual.’’. (c) TITLE XVI AMENDMENT.—Section ‘‘(A) makes, or causes to be made, a statement (c) TITLE XVI AMENDMENTS.—Section 1631(a)(2)(C) of such Act (42 or representation of a material fact, for use in 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) (as U.S.C. 1383(a)(2)(C)) is amended by adding at determining any initial or continuing right to or amended by section 102(b)(3)) is amended fur- the end the following: the amount of monthly insurance benefits under ther— ‘‘(v) In any case in which the person de- title II or benefits or payments under title VIII (1) in subparagraph (G)(i)(II), by striking scribed in clause (i) or (iv) receiving payments or XVI, that the person knows or should know ‘‘section 205(j)(9)’’ and inserting ‘‘section on behalf of another fails to submit a report re- is false or misleading, 205(j)(10)’’; and ‘‘(B) makes such a statement or representation (2) by striking subparagraph (H) and inserting quired by the Commissioner of Social Security for such use with knowing disregard for the the following: under clause (i) or (iv), the Commissioner may, ‘‘(H)(i) If the Commissioner of Social Security after furnishing notice to the person and the in- truth, or or a court of competent jurisdiction determines dividual entitled to the payment, require that ‘‘(C) omits from a statement or representation that a representative payee that is not a Fed- such person appear in person at a field office of for such use, or otherwise withholds disclosure eral, State, or local government agency has mis- the Social Security Administration serving the of, a fact which the person knows or should used all or part of an individual’s benefit that area in which the individual resides in order to know is material to the determination of any was paid to the representative payee under this receive such payments.’’. initial or continuing right to or the amount of paragraph, the representative payee shall be lia- (d) EFFECTIVE DATE.—The amendments made monthly insurance benefits under title II or ben- ble for the amount misused, and the amount (to by this section shall take effect 180 days after efits or payments under title VIII or XVI, if the the extent not repaid by the representative the date of the enactment of this Act. person knows, or should know, that the state- payee) shall be treated as an overpayment of SEC. 107. SURVEY OF USE OF PAYMENTS BY REP- ment or representation with such omission is benefits under this title to the representative RESENTATIVE PAYEES. false or misleading or that the withholding of payee for all purposes of this Act and related (a) IN GENERAL.—Section 1110 of the Social such disclosure is misleading, shall be subject to,’’; laws pertaining to the recovery of the overpay- Security Act (42 U.S.C. 1310) is amended by add- (C) by inserting ‘‘or each receipt of such bene- ments. Subject to clause (ii), upon recovering all ing at the end the following: fits or payments while withholding disclosure of or any part of the amount, the Commissioner ‘‘(c)(1) In addition to the amount otherwise such fact’’ after ‘‘each such statement or rep- shall make payment of an amount equal to the appropriated in any other law to carry out sub- resentation’’ in the first sentence; recovered amount to such individual or such in- section (a) for fiscal year 2004, up to $8,500,000 is authorized and appropriated and shall be (D) by inserting ‘‘or because of such with- dividual’s alternative representative payee. holding of disclosure of a material fact’’ after ‘‘(ii) The total of the amount paid to such in- used by the Commissioner of Social Security ‘‘because of such statement or representation’’ dividual or such individual’s alternative rep- under this subsection for purposes of conducting in the second sentence; and resentative payee under clause (i) and the a statistically valid survey to determine how (E) by inserting ‘‘or such a withholding of dis- amount paid under subparagraph (E) may not payments made to individuals, organizations, closure’’ after ‘‘such a statement or representa- exceed the total benefit amount misused by the and State or local government agencies that are tion’’ in the second sentence. representative payee with respect to such indi- representative payees for benefits paid under (2) ADMINISTRATIVE PROCEDURE FOR IMPOSING vidual.’’. title II or XVI are being managed and used on PENALTIES.—Section 1129A(a) of such Act (42 (d) EFFECTIVE DATE.—The amendments made behalf of the beneficiaries for whom such bene- U.S.C. 1320a–8a(a)) is amended— by this section shall apply to benefit misuse by fits are paid. (A) by striking ‘‘who’’ the first place it ap- a representative payee in any case with respect ‘‘(2) Not later than 18 months after the date of pears and inserting ‘‘who—’’; and enactment of this subsection, the Commissioner to which the Commissioner of Social Security or (B) by striking ‘‘makes’’ and all that follows of Social Security shall submit a report on the a court of competent jurisdiction makes the de- through ‘‘shall be subject to,’’ and inserting the survey conducted in accordance with paragraph termination of misuse after 180 days after the following: date of the enactment of this Act. (1) to the Committee on Ways and Means of the ‘‘(1) makes, or causes to be made, a statement SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF House of Representatives and the Committee on or representation of a material fact, for use in BENEFIT PAYMENTS WHEN A REP- Finance of the Senate.’’. determining any initial or continuing right to or RESENTATIVE PAYEE FAILS TO PRO- Subtitle B—Enforcement VIDE REQUIRED ACCOUNTING. the amount of monthly insurance benefits under (a) TITLE II AMENDMENTS.—Section 205(j)(3) SEC. 111. CIVIL MONETARY PENALTY AUTHORITY title II or benefits or payments under title XVI of the Social Security Act (42 U.S.C. 405(j)(3)) WITH RESPECT TO WRONGFUL CON- that the person knows or should know is false (as amended by sections 102(a)(1)(B) and VERSIONS BY REPRESENTATIVE PAY- or misleading, EES. 105(a)(2)) is amended— ‘‘(2) makes such a statement or representation (1) by redesignating subparagraphs (E) and (a) IN GENERAL.—Section 1129(a) of the Social for such use with knowing disregard for the (F) as subparagraphs (F) and (G), respectively; Security Act (42 U.S.C. 1320a–8) is amended by truth, or and adding at the end the following: ‘‘(3) omits from a statement or representation (2) by inserting after subparagraph (D) the ‘‘(3) Any person (including an organization, for such use, or otherwise withholds disclosure following: agency, or other entity) who, having received, of, a fact which the person knows or should ‘‘(E) In any case in which the person de- while acting in the capacity of a representative know is material to the determination of any scribed in subparagraph (A) or (D) receiving payee pursuant to section 205(j), 807, or initial or continuing right to or the amount of payments on behalf of another fails to submit a 1631(a)(2), a payment under title II, VIII, or monthly insurance benefits under title II or ben- report required by the Commissioner of Social XVI for the use and benefit of another indi- efits or payments under title XVI, if the person Security under subparagraph (A) or (D), the vidual, converts such payment, or any part knows, or should know, that the statement or Commissioner may, after furnishing notice to thereof, to a use that such person knows or representation with such omission is false or such person and the individual entitled to such should know is other than for the use and ben- misleading or that the withholding of such dis- payment, require that such person appear in efit of such other individual shall be subject to, closure is misleading, person at a field office of the Social Security in addition to any other penalties that may be shall be subject to,’’. Administration serving the area in which the in- prescribed by law, a civil money penalty of not (b) CLARIFICATION OF TREATMENT OF RECOV- dividual resides in order to receive such pay- more than $5,000 for each such conversion. Such ERED AMOUNTS.—Section 1129(e)(2)(B) of such ments.’’. person shall also be subject to an assessment, in Act (42 U.S.C. 1320a–8(e)(2)(B)) is amended by (b) TITLE VIII AMENDMENTS.—Section 807(h) lieu of damages sustained by the United States striking ‘‘In the case of amounts recovered aris- of such Act (42 U.S.C. 1007(h)) is amended— resulting from the conversion, of not more than ing out of a determination relating to title VIII (1) by redesignating paragraphs (3) and (4) as twice the amount of any payments so con- or XVI,’’ and inserting ‘‘In the case of any paragraphs (4) and (5), respectively; and verted.’’. other amounts recovered under this section,’’.

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(c) CONFORMING AMENDMENTS.— benefits that have been withheld or would oth- ‘‘(B) the location or apprehension of the re- (1) Section 1129(b)(3)(A) of such Act (42 erwise be withheld pursuant to clause (iv) or (v) cipient is within the officer’s official duties.’’. U.S.C. 1320a–8(b)(3)(A)) is amended by striking of subparagraph (A) if the Commissioner deter- (c) CONFORMING AMENDMENT.—Section ‘‘charging fraud or false statements’’. mines that— 804(a)(2) of the Social Security Act (42 U.S.C. (2) Section 1129(c)(1) of such Act (42 ‘‘(I) the offense described in clause (iv) or un- 1004(a)(2)) is amended by striking ‘‘or which, in U.S.C. 1320a–8(c)(1)) is amended by striking derlying the imposition of the probation or pa- the case of the State of New Jersey, is a high ‘‘and representations’’ and inserting ‘‘, rep- role described in clause (v) was nonviolent and misdemeanor under the laws of such State’’ and resentations, or actions’’. not drug-related, and inserting ‘‘or, in jurisdictions that do not define (3) Section 1129(e)(1)(A) of such Act (42 ‘‘(II) in the case of an individual from whom crimes as felonies, is punishable by death or im- U.S.C. 1320a–8(e)(1)(A)) is amended by striking benefits have been withheld or otherwise would prisonment for a term exceeding 1 year regard- ‘‘statement or representation referred to in sub- be withheld pursuant to subparagraph (A)(v), less of the actual sentence imposed’’. section (a) was made’’ and inserting ‘‘violation the action that resulted in the violation of a (d) EFFECTIVE DATE.—The amendments made occurred’’. condition of probation or parole was nonviolent by this section shall take effect on the first day (d) EFFECTIVE DATE.—The amendments made and not drug-related.’’; and of the first month that begins on or after the by this section shall apply with respect to viola- (6) in paragraph (3), by adding at the end the date that is 9 months after the date of enact- tions committed after the date on which the following: ment of this Act. Commissioner of Social Security implements the ‘‘(C) Notwithstanding the provisions of sec- SEC. 204. REQUIREMENTS RELATING TO OFFERS centralized computer file described in section tion 552a of title 5, United States Code, or any TO PROVIDE FOR A FEE, A PRODUCT 202. other provision of Federal or State law (other OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE SOCIAL SECU- SEC. 202. ISSUANCE BY COMMISSIONER OF SO- than section 6103 of the Internal Revenue Code RITY ADMINISTRATION. CIAL SECURITY OF RECEIPTS TO AC- of 1986 and section 1106(c) of this Act), the Com- KNOWLEDGE SUBMISSION OF RE- missioner shall furnish any Federal, State, or (a) IN GENERAL.—Section 1140 of the Social PORTS OF CHANGES IN WORK OR local law enforcement officer, upon the written Security Act (42 U.S.C. 1320b–10) is amended— EARNINGS STATUS OF DISABLED request of the officer, with the current address, (1) in subsection (a), by adding at the end the BENEFICIARIES. Social Security number, and photograph (if ap- following: Effective as soon as possible, but not later plicable) of any beneficiary under this title, if ‘‘(4)(A) No person shall offer, for a fee, to as- than 1 year after the date of the enactment of the officer furnishes the Commissioner with the sist an individual to obtain a product or service this Act, until such time as the Commissioner of name of the beneficiary, and other identifying that the person knows or should know is pro- Social Security implements a centralized com- information as reasonably required by the Com- vided free of charge by the Social Security Ad- puter file recording the date of the submission of missioner to establish the unique identity of the ministration unless, at the time the offer is information by a disabled beneficiary (or rep- beneficiary, and notifies the Commissioner made, the person provides to the individual to resentative) regarding a change in the bene- that— whom the offer is tendered a notice that— ficiary’s work or earnings status, the Commis- ‘‘(i) the beneficiary is described in clause (iv) ‘‘(i) explains that the product or service is sioner shall issue a receipt to the disabled bene- or (v) of paragraph (1)(A); and available free of charge from the Social Security ficiary (or representative) each time he or she ‘‘(ii) the location or apprehension of the bene- Administration, and submits documentation, or otherwise reports to ficiary is within the officer’s official duties.’’. ‘‘(ii) complies with standards prescribed by the Commissioner, on a change in such status. (b) CONFORMING AMENDMENTS TO TITLE the Commissioner of Social Security respecting SEC. 203. DENIAL OF TITLE II BENEFITS TO PER- XVI.—Section 1611(e) of the Social Security Act the content of such notice and its placement, SONS FLEEING PROSECUTION, CUS- (42 U.S.C. 1382(e)) is amended— visibility, and legibility. TODY, OR CONFINEMENT, AND TO (1) in paragraph (4)— ‘‘(B) Subparagraph (A) shall not apply to any PERSONS VIOLATING PROBATION OR (A) by redesignating subparagraphs (A) and offer— PAROLE. (B) as clauses (i) and (ii), respectively; ‘‘(i) to serve as a claimant representative in (a) IN GENERAL.—Section 202(x) of the Social (B) by inserting ‘‘(A)’’ after ‘‘(4)’’; connection with a claim arising under title II, Security Act (42 U.S.C. 402(x)) is amended— (C) in clause (i) of subparagraph (A) (as re- title VIII, or title XVI; or (1) in the heading, by striking ‘‘Prisoners’’ designated by subparagraph (A)), by striking ‘‘(ii) to prepare, or assist in the preparation and all that follows and inserting the following: ‘‘or which, in the case of the State of of, an individual’s plan for achieving self-sup- ‘‘Prisoners, Certain Other Inmates of Publicly New Jersey, is a high misdemeanor under the port under title XVI.’’; and Funded Institutions, Fugitives, Probationers, laws of such State’’ and inserting ‘‘or, in juris- (2) in the heading, by striking ‘‘PROHIBITION and Parolees’’; dictions that do not define crimes as felonies, is OF MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN (2) in paragraph (1)(A)(ii)(IV), by striking punishable by death or imprisonment for a term REFERENCE’’ and inserting ‘‘PROHIBITIONS RE- ‘‘or’’ at the end; exceeding 1 year regardless of the actual sen- LATING TO REFERENCES’’. (3) in paragraph (1)(A)(iii), by striking the pe- tence imposed’’; and (b) EFFECTIVE DATE.—The amendments made riod at the end and inserting a comma; (D) by adding at the end the following: by this section shall apply to offers of assistance (4) by inserting after paragraph (1)(A)(iii) the ‘‘(B) Notwithstanding subparagraph (A), the made after the sixth month ending after the following: Commissioner shall, for good cause shown, treat Commissioner of Social Security promulgates ‘‘(iv) is fleeing to avoid prosecution, or cus- the person referred to in subparagraph (A) as final regulations prescribing the standards ap- tody or confinement after conviction, under the an eligible individual or eligible spouse if the plicable to the notice required to be provided in laws of the place from which the person flees, Commissioner determines that— connection with such offer. The Commissioner for a crime, or an attempt to commit a crime, ‘‘(i) a court of competent jurisdiction has shall promulgate such final regulations within 1 which is a felony under the laws of the place found the person not guilty of the criminal of- year after the date of the enactment of this Act. from which the person flees, or, in jurisdictions fense, dismissed the charges relating to the SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDI- that do not define crimes as felonies, is punish- criminal offense, vacated the warrant for arrest VIDUALS AS CLAIMANT REPRESENT- able by death or imprisonment for a term ex- of the person for the criminal offense, or issued ATIVES. ceeding 1 year regardless of the actual sentence any similar exonerating order (or taken similar Section 206(a)(1) of the Social Security Act (42 imposed, or exonerating action), or U.S.C. 406(a)(1)) is amended by inserting after ‘‘(v) is violating a condition of probation or ‘‘(ii) the person was erroneously implicated in the second sentence the following: ‘‘Notwith- parole imposed under Federal or State law.’’; connection with the criminal offense by reason standing the preceding sentences, the Commis- (5) by adding at the end of paragraph (1)(B) of identity fraud. sioner, after due notice and opportunity for the following: ‘‘(C) Notwithstanding subparagraph (A), the hearing, (A) may refuse to recognize as a rep- ‘‘(iii) Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based resentative, and may disqualify a representative Commissioner shall, for good cause shown, pay on mitigating circumstances, treat the person re- already recognized, any attorney who has been the individual benefits that have been withheld ferred to in subparagraph (A) as an eligible in- disbarred or suspended from any court or bar to or would otherwise be withheld pursuant to dividual or eligible spouse if the Commissioner which he or she was previously admitted to clause (iv) or (v) of subparagraph (A) if the determines that— practice or who has been disqualified from par- Commissioner determines that— ‘‘(i) the offense described in subparagraph ticipating in or appearing before any Federal ‘‘(I) a court of competent jurisdiction has (A)(i) or underlying the imposition of the proba- program or agency, and (B) may refuse to recog- found the individual not guilty of the criminal tion or parole described in subparagraph (A)(ii) nize, and may disqualify, as a non-attorney rep- offense, dismissed the charges relating to the was nonviolent and not drug-related, and resentative any attorney who has been dis- criminal offense, vacated the warrant for arrest ‘‘(ii) in the case of a person who is not consid- barred or suspended from any court or bar to of the individual for the criminal offense, or ered an eligible individual or eligible spouse which he or she was previously admitted to issued any similar exonerating order (or taken pursuant to subparagraph (A)(ii), the action practice. A representative who has been dis- similar exonerating action), or that resulted in the violation of a condition of qualified or suspended pursuant to this section ‘‘(II) the individual was erroneously impli- probation or parole was nonviolent and not from appearing before the Social Security Ad- cated in connection with the criminal offense by drug-related.’’; and ministration as a result of collecting or receiving reason of identity fraud. (2) in paragraph (5), by striking subpara- a fee in excess of the amount authorized shall be ‘‘(iv) Notwithstanding subparagraph (A), the graphs (A) and (B) and inserting the following: barred from appearing before the Social Security Commissioner may, for good cause shown based ‘‘(A) the recipient is described in clause (i) or Administration as a representative until full res- on mitigating circumstances, pay the individual (ii) of paragraph (4)(A); and titution is made to the claimant and, thereafter,

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16189 may be considered for reinstatement only under no benefit shall be payable to such individual under subsection (a), may order, in addition to such rules as the Commissioner may prescribe.’’. under this title with respect to a period of dis- or in lieu of any other penalty authorized by SEC. 206. CRIMINAL PENALTY FOR CORRUPT OR ability for any month before such conviction law, that the defendant make restitution to the FORCIBLE INTERFERENCE WITH AD- during which the individual rendered services Commissioner of Social Security, in any case in MINISTRATION OF SOCIAL SECURITY during the period of trial work with respect to which such offense results in— ACT. which the fraudulently concealed work activity ‘‘(A) the Commissioner of Social Security mak- Part A of title XI of the Social Security Act occurred, and amounts otherwise due under this ing a benefit payment that should not have been (42 U.S.C. 1301 et seq.) is amended by inserting title as restitution, penalties, assessments, fines, made, or after section 1129A the following: or other repayments shall in all cases be in addi- ‘‘(B) an individual suffering a financial loss ‘‘ATTEMPTS TO INTERFERE WITH ADMINISTRATION tion to any amounts for which such individual due to the defendant’s violation of subsection OF SOCIAL SECURITY ACT is liable as overpayments by reason of such con- (a) in his or her capacity as the individual’s cealment.’’. ‘‘SEC. 1129B. Whoever corruptly or by force or representative payee appointed pursuant to sec- (b) EFFECTIVE DATE.—The amendment made threats of force (including any threatening let- tion 807(i). ter or communication) attempts to intimidate or by subsection (a) shall apply with respect to impede any officer, employee, or contractor of work activity performed after the date of the en- ‘‘(2) RELATED PROVISIONS.—Sections 3612, the Social Security Administration (including actment of this Act. 3663, and 3664 of title 18, United States Code, shall apply with respect to the issuance and en- any State employee of a disability determination SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF service or any other individual designated by RESTITUTION. forcement of orders of restitution under this subsection. In so applying such sections, the Com- the Commissioner of Social Security) acting in (a) AMENDMENTS TO TITLE II.—Section 208 of an official capacity to carry out a duty under the Social Security Act (42 U.S.C. 408) is amend- missioner of Social Security shall be considered this Act, or in any other way corruptly or by ed— the victim. force or threats of force (including any threat- (1) by redesignating subsections (b), (c), and ‘‘(3) STATED REASONS FOR NOT ORDERING RES- ening letter or communication) obstructs or im- (d) as subsections (c), (d), and (e), respectively; TITUTION.—If the court does not order restitu- pedes, or attempts to obstruct or impede, the due (2) by inserting after subsection (a) the fol- tion, or orders only partial restitution, under administration of this Act, shall be fined not lowing: this subsection, the court shall state on the more than $5,000, imprisoned not more than 3 ‘‘(b)(1) Any Federal court, when sentencing a record the reasons therefor. years, or both, except that if the offense is com- defendant convicted of an offense under sub- ‘‘(4) RECEIPT OF RESTITUTION PAYMENTS.— mitted only by threats of force, the person shall section (a), may order, in addition to or in lieu ‘‘(A) IN GENERAL.—Except as provided in sub- be fined not more than $3,000, imprisoned not of any other penalty authorized by law, that paragraph (B), funds paid to the Commissioner more than 1 year, or both. In this subsection, the defendant make restitution to the victims of of Social Security as restitution pursuant to a the term ‘threats of force’ means threats of harm such offense specified in paragraph (4). court order shall be deposited as miscellaneous to the officer or employee of the United States or ‘‘(2) Sections 3612, 3663, and 3664 of title 18, receipts in the general fund of the Treasury. to a contractor of the Social Security Adminis- United States Code, shall apply with respect to tration, or to a member of the family of such an the issuance and enforcement of orders of res- ‘‘(B) PAYMENT TO THE INDIVIDUAL.—In the officer or employee or contractor.’’. titution to victims of such offense under this case of funds paid to the Commissioner of Social subsection. Security pursuant to paragraph (1)(B), the SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES Commissioner of Social Security shall certify for IN REFERENCE TO SOCIAL SECURITY ‘‘(3) If the court does not order restitution, or OR MEDICARE. orders only partial restitution, under this sub- payment to the individual described in such paragraph an amount equal to the lesser of the (a) IN GENERAL.—Section 1140(a)(1) of the So- section, the court shall state on the record the amount of the funds so paid or the individual’s cial Security Act (42 U.S.C. 1320b–10(a)(1)) is reasons therefor. outstanding financial loss as described in such amended— ‘‘(4) For purposes of paragraphs (1) and (2), paragraph, except that such amount may be re- (1) in subparagraph (A), by inserting ‘‘ ‘Cen- the victims of an offense under subsection (a) duced by any overpayment of benefits owed ters for Medicare & Medicaid Services’,’’ after are the following: under this title, title II, or title XVI by the indi- ‘‘ ‘Health Care Financing Administration’,’’, by ‘‘(A) Any individual who suffers a financial vidual.’’. striking ‘‘or ‘Medicaid’, ’’ and inserting ‘‘ ‘Med- loss as a result of the defendant’s violation of icaid’, ‘Death Benefits Update’, ‘Federal Benefit subsection (a). (c) AMENDMENTS TO TITLE XVI.—Section 1632 Information’, ‘Funeral Expenses’, or ‘Final Sup- ‘‘(B) The Commissioner of Social Security, to of the Social Security Act (42 U.S.C. 1383a) is plemental Plan’,’’ and by inserting ‘‘ ‘CMS’,’’ the extent that the defendant’s violation of sub- amended— after ‘‘ ‘HCFA’,’’; section (a) results in— (1) by redesignating subsection (b) as sub- (2) in subparagraph (B), by inserting ‘‘Centers ‘‘(i) the Commissioner of Social Security mak- section (c); and for Medicare & Medicaid Services,’’ after ing a benefit payment that should not have been (2) by inserting after subsection (a) the fol- ‘‘Health Care Financing Administration,’’ each made; or lowing: place it appears; and ‘‘(ii) an individual suffering a financial loss ‘‘(b)(1) Any Federal court, when sentencing a (3) in the matter following subparagraph (B), due to the defendant’s violation of subsection defendant convicted of an offense under sub- by striking ‘‘the Health Care Financing Admin- (a) in his or her capacity as the individual’s section (a), may order, in addition to or in lieu istration,’’ each place it appears and inserting representative payee appointed pursuant to sec- of any other penalty authorized by law, that ‘‘the Centers for Medicare & Medicaid Serv- tion 205(j). the defendant make restitution to the Commis- ices,’’. ‘‘(5)(A) Except as provided in subparagraph sioner of Social Security, in any case in which (b) EFFECTIVE DATE.—The amendments made (B), funds paid to the Commissioner of Social such offense results in— by this section shall apply to items sent after 180 Security as restitution pursuant to a court order days after the date of the enactment of this Act. shall be deposited in the Federal Old-Age and ‘‘(A) the Commissioner of Social Security making a benefit payment that should not have been SEC. 208. DISQUALIFICATION FROM PAYMENT Survivors Insurance Trust Fund, or the Federal DURING TRIAL WORK PERIOD UPON Disability Insurance Trust Fund, as appro- made, or CONVICTION OF FRAUDULENT CON- priate. ‘‘(B) an individual suffering a financial loss CEALMENT OF WORK ACTIVITY. ‘‘(B) In the case of funds paid to the Commis- due to the defendant’s violation of subsection (a) IN GENERAL.—Section 222(c) of the Social sioner of Social Security pursuant to paragraph (a) in his or her capacity as the individual’s Security Act (42 U.S.C. 422(c)) is amended by (4)(B)(ii), the Commissioner of Social Security representative payee appointed pursuant to sec- adding at the end the following: shall certify for payment to the individual de- tion 1631(a)(2). ‘‘(5) Upon conviction by a Federal court that scribed in such paragraph an amount equal to ‘‘(2) Sections 3612, 3663, and 3664 of title 18, an individual has fraudulently concealed work the lesser of the amount of the funds so paid or United States Code, shall apply with respect to activity during a period of trial work from the the individual’s outstanding financial loss, ex- the issuance and enforcement of orders of res- Commissioner of Social Security by— cept that such amount may be reduced by the titution under this subsection. In so applying ‘‘(A) providing false information to the Com- amount of any overpayments of benefits owed such sections, the Commissioner of Social Secu- missioner of Social Security as to whether the under this title, title VIII, or title XVI by the in- rity shall be considered the victim. individual had earnings in or for a particular dividual.’’; and ‘‘(3) If the court does not order restitution, or period, or as to the amount thereof; (3) by amending subsection (c) (as redesig- orders only partial restitution, under this sub- ‘‘(B) receiving disability insurance benefits nated by paragraph (1)), by striking the second section, the court shall state on the record the under this title while engaging in work activity sentence. reasons therefor. under another identity, including under an- (b) AMENDMENTS TO TITLE VIII.—Section 811 other social security account number or a num- of the Social Security Act (42 U.S.C. 1011) is ‘‘(4)(A) Except as provided in subparagraph ber purporting to be a social security account amended— (B), funds paid to the Commissioner of Social number; or (1) by striking subsection (b) and inserting the Security as restitution pursuant to a court order ‘‘(C) taking other actions to conceal work ac- following: shall be deposited as miscellaneous receipts in tivity with an intent fraudulently to secure pay- ‘‘(b) COURT ORDER FOR RESTITUTION.— the general fund of the Treasury. ment in a greater amount than is due or when ‘‘(1) IN GENERAL.—Any Federal court, when ‘‘(B) In the case of funds paid to the Commis- no payment is authorized, sentencing a defendant convicted of an offense sioner of Social Security pursuant to

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paragraph (1)(B), the Commissioner of Social ‘‘(e) PROGRAMS DESCRIBED.—The programs ‘‘(2) at the time any such quarters of coverage Security shall certify for payment to the indi- described in this subsection are the following: are earned— vidual described in such paragraph an amount ‘‘(1) The old-age, survivors, and disability in- ‘‘(A) is described in subparagraph (B) or (D) equal to the lesser of the amount of the funds so surance benefits program under title II. of section 101(a)(15) of the Immigration and Na- paid or the individual’s outstanding financial ‘‘(2) The special benefits for certain World tionality Act, loss as described in such paragraph, except that War II veterans program under title VIII. ‘‘(B) is lawfully admitted temporarily to the such amount may be reduced by any overpay- ‘‘(3) The supplemental security income bene- United States for business (in the case of an in- ment of benefits owed under this title, title II, or fits program under title XVI (including, for pur- dividual described in such subparagraph (B)) or title VIII by the individual.’’; and poses of this section, State supplementary pay- the performance as a crewman (in the case of an (3) by amending subsection (c) (as redesig- ments paid by the Commissioner pursuant to an individual described in such subparagraph (D)), nated by paragraph (1)) by striking ‘‘(1) If a agreement under section 1616(a) of this Act or and person’’ and all that follows through ‘‘(2)’’. section 212(b) of Public Law 93–66).’’. ‘‘(C) the business engaged in or service as a (d) EFFECTIVE DATE.—The amendments made (b) CONFORMING AMENDMENTS.— crewman performed is within the scope of the by subsections (a), (b), and (c) shall apply with (1) Section 204(g) of the Social Security Act (42 terms of such individual’s admission to the respect to violations occurring on or after the U.S.C. 404(g)) is amended to read as follows: United States.’’. date of enactment of this Act. ‘‘(g) For provisions relating to the cross-pro- SEC. 210. AUTHORITY FOR CROSS-PROGRAM RE- gram recovery of overpayments made under pro- (b) DISABILITY BENEFITS.—Section 223(a)(1) of COVERY OF BENEFIT OVERPAY- grams administered by the Commissioner of So- the Social Security Act (42 U.S.C. 423(a)(1)) is MENTS. cial Security, see section 1147.’’. amended— (a) IN GENERAL.—Section 1147 of the Social (2) Section 808 of the Social Security Act (42 (1) by redesignating subparagraphs (C) and Security Act (42 U.S.C. 1320b–17) is amended to U.S.C. 1008) is amended— (D) as subparagraphs (D) and (E), respectively; read as follows: (A) in subsection (a)(1)— and ‘‘CROSS-PROGRAM RECOVERY OF OVERPAYMENTS (i) by striking subparagraph (B); (2) by inserting after subparagraph (B), the FROM BENEFITS (ii) in the matter preceding subparagraph (A), following: ‘‘(a) IN GENERAL.—Subject to subsection (b), by striking ‘‘any payment’’ and all that follows ‘‘(C) if not a United States citizen or na- whenever the Commissioner of Social Security through ‘‘under this title’’ and inserting ‘‘any tional— determines that more than the correct amount of payment under this title’’; and ‘‘(i) has been assigned a social security ac- any payment has been made to a person under (iii) by striking ‘‘; or’’ and inserting a period; count number that was, at the time of assign- a program described in subsection (e), the Com- (B) by striking subsection (b) and redesig- ment, or at any later time, consistent with the missioner of Social Security may recover the nating subsections (c), (d), and (e) as sub- requirements of subclause (I) or (III) of section amount incorrectly paid by decreasing any sections (b), (c), and (d), respectively; and 205(c)(2)(B)(i); or amount which is payable to such person under (C) by adding at the end the following: ‘‘(ii) at the time any quarters of coverage are any other program specified in that subsection. ‘‘(e) CROSS-PROGRAM RECOVERY OF OVERPAY- ‘‘(b) LIMITATION APPLICABLE TO CURRENT earned— MENTS.—For provisions relating to the cross-pro- BENEFITS.— gram recovery of overpayments made under pro- ‘‘(I) is described in subparagraph (B) or (D) of ‘‘(1) IN GENERAL.—In carrying out subsection grams administered by the Commissioner of So- section 101(a)(15) of the Immigration and Na- (a), the Commissioner of Social Security may not cial Security, see section 1147.’’. tionality Act, decrease the monthly amount payable to an in- (3) Section 1147A of the Social Security Act (42 ‘‘(II) is lawfully admitted temporarily to the dividual under a program described in sub- U.S.C. 1320b–18) is repealed. United States for business (in the case of an in- section (e) that is paid when regularly due— (4) Section 1631(b) of the Social Security Act dividual described in such subparagraph (B)) or ‘‘(A) in the case of benefits under title II or (42 U.S.C. 1383(b)) is amended— the performance as a crewman (in the case of an VIII, by more than 10 percent of the amount of (A) in paragraph (1)(B)— individual described in such subparagraph (D)), the benefit payable to the person for that month and under such title; and (i) by striking ‘‘excluding any other’’ and in- ‘‘(B) in the case of benefits under title XVI, serting ‘‘excluding payments under title II when ‘‘(III) the business engaged in or service as a by an amount greater than the lesser of— recovery is made from title II payments pursu- crewman performed is within the scope of the ‘‘(i) the amount of the benefit payable to the ant to section 1147 and excluding’’; and terms of such individual’s admission to the person for that month; or (ii) by striking ‘‘50 percent of’’; and United States.’’. ‘‘(ii) an amount equal to 10 percent of the per- (B) by striking paragraph (6) and inserting (c) EFFECTIVE DATE.—The amendments made son’s income for that month (including such the following: by this section apply to benefit applications monthly benefit but excluding payments under ‘‘(6) For provisions relating to the cross-pro- based on social security account numbers issued title II when recovery is also made from title II gram recovery of overpayments made under pro- on or after January 1, 2004. payments and excluding income excluded pursu- grams administered by the Commissioner of So- TITLE III—ATTORNEY REPRESENTATIVE ant to section 1612(b)). cial Security, see section 1147.’’. FEE PAYMENT SYSTEM IMPROVEMENTS ‘‘(2) EXCEPTION.—Paragraph (1) shall not (c) EFFECTIVE DATE.—The amendments and apply if— repeal made by this section shall take effect on SEC. 301. CAP ON ATTORNEY ASSESSMENTS. the date of enactment of this Act, and shall be ‘‘(A) the person or the spouse of the person (a) IN GENERAL.—Section 206(d)(2)(A) of the effective with respect to overpayments under ti- was involved in willful misrepresentation or Social Security Act (42 U.S.C. 406(d)(2)(A)) is tles II, VIII, and XVI of the Social Security Act concealment of material information in connec- amended— tion with the amount incorrectly paid; or that are outstanding on or after such date. (1) by inserting ‘‘, except that the maximum ‘‘(B) the person so requests. SEC. 211. PROHIBITION ON PAYMENT OF TITLE II amount of the assessment may not exceed the ‘‘(c) NO EFFECT ON ELIGIBILITY OR BENEFIT BENEFITS TO PERSONS NOT AU- greater of $75 or the adjusted amount as pro- AMOUNT UNDER TITLE VIII OR XVI.—In any THORIZED TO WORK IN THE UNITED vided pursuant to the following two sentences’’ case in which the Commissioner of Social Secu- STATES. after ‘‘subparagraph (B)’’; and rity takes action in accordance with subsection (a) FULLY INSURED AND CURRENTLY INSURED (a) to recover an amount incorrectly paid to any INDIVIDUALS.—Section 214 (42 U.S.C. 414) is (2) by adding at the end the following: ‘‘In person, neither that person, nor (with respect to amended— the case of any calendar year beginning after the program described in subsection (e)(3)) any (1) in subsection (a), by inserting before the the amendments made by section 301 of the So- individual whose eligibility for benefits under period at the end the following: ‘‘, and who sat- cial Security Protection Act of 2003 take effect, such program or whose amount of such benefits, isfies the criterion specified in subsection (c)’’; the dollar amount specified in the preceding is determined by considering any part of that (2) in subsection (b), by inserting before the sentence (including a previously adjusted person’s income, shall, as a result of such ac- period at the end the following: ‘‘, and who sat- amount) shall be adjusted annually under the tion— isfies the criterion specified in subsection (c)’’; procedures used to adjust benefit amounts under ‘‘(1) become eligible for benefits under the pro- and section 215(i)(2)(A)(ii), except such adjustment gram described in paragraph (2) or (3) of sub- (3) by adding at the end the following: shall be based on the higher of $75 or the pre- section (e); or ‘‘(c) For purposes of subsections (a) and (b), viously adjusted amount that would have been ‘‘(2) if such person or individual is otherwise the criterion specified in this subsection is that in effect for December of the preceding year, but so eligible, become eligible for increased benefits the individual, if not a United States citizen or for the rounding of such amount pursuant to under such program. national— the following sentence. Any amount so adjusted ‘‘(d) INAPPLICABILITY OF PROHIBITION ‘‘(1) has been assigned a social security ac- that is not a multiple of $1 shall be rounded to AGAINST ASSESSMENT AND LEGAL PROCESS.—Sec- count number that was, at the time of assign- the next lowest multiple of $1, but in no case less tion 207 shall not apply to actions taken under ment, or at any later time, consistent with the than $75.’’. the provisions of this section to decrease requirements of subclause (I) or (III) of section (b) EFFECTIVE DATE.—The amendments made amounts payable under titles II and XVI. 205(c)(2)(B)(i); or by this section shall apply with respect

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The dem- Act. used to adjust benefit amounts under section onstration project shall be designed to determine SEC. 302. TEMPORARY EXTENSION OF ATTORNEY 215(i)(2)(A)(ii), except such adjustment shall be the potential results of extending to such rep- FEE PAYMENT SYSTEM TO TITLE XVI based on the higher of $75 or the previously ad- resentatives the fee withholding procedures and CLAIMS. justed amount that would have been in effect assessment procedures that apply under sections (a) IN GENERAL.—Section 1631(d)(2) of the So- for December of the preceding year, but for the 206 and section 1631(d)(2) of such Act to attor- cial Security Act (42 U.S.C. 1383(d)(2)) is rounding of such amount pursuant to the fol- neys seeking direct payment out of past due amended— lowing sentence. Any amount so adjusted that is benefits under such titles and shall include an (1) in subparagraph (A), in the matter pre- not a multiple of $1 shall be rounded to the next analysis of the effect of such extension on ceding clause (i)— lowest multiple of $1, but in no case less than claimants and program administration. $75. (A) by striking ‘‘section 206(a)’’ and inserting (b) STANDARDS FOR INCLUSION IN DEMONSTRA- ‘‘section 206’’; ‘‘(II) The percentage specified in this sub- TION PROJECT.—Fee-withholding procedures (B) by striking ‘‘(other than paragraph (4) clause is such percentage rate as the Commis- may be extended under the demonstration thereof)’’ and inserting ‘‘(other than subsections sioner determines is necessary in order to project carried out pursuant to subsection (a) to (a)(4) and (d) thereof)’’; and achieve full recovery of the costs of determining any non-attorney representative only if such (C) by striking ‘‘paragraph (2) thereof’’ and and approving fees to attorneys from the past- representative meets at least the following pre- inserting ‘‘such section’’; due benefits of claimants, but not in excess of requisites: 6.3 percent. (2) in subparagraph (A)(i)— (1) The representative has been awarded a (A) by striking ‘‘in subparagraphs (A)(ii)(I) ‘‘(iii) The Commissioner may collect the assessment imposed on an attorney under clause bachelor’s degree from an accredited institution and (C)(i),’’ and inserting ‘‘in subparagraphs of higher education, or has been determined by (A)(ii)(I) and (D)(i) of subsection (a)(2)’’; and (i) by offset from the amount of the fee otherwise required by subparagraph (B) to be paid to the Commissioner to have equivalent qualifica- (B) by striking ‘‘and’’ at the end; the attorney from a claimant’s past-due bene- tions derived from training and work experi- (3) by striking subparagraph (A)(ii) and in- fits. ence. serting the following: ‘‘(iv) An attorney subject to an assessment (2) The representative has passed an examina- ‘‘(ii) by substituting, in subsections (a)(2)(B) under clause (i) may not, directly or indirectly, tion, written and administered by the Commis- and (b)(1)(B)(i), the phrase ‘paragraph (7)(A) or request or otherwise obtain reimbursement for sioner, which tests knowledge of the relevant (8)(A) of section 1631(a) or the requirements of such assessment from the claimant whose claim provisions of the Social Security Act and the due process of law’ for the phrase ‘subsection gave rise to the assessment. most recent developments in agency and court (g) or (h) of section 223’; ‘‘(v) Assessments on attorneys collected under decisions affecting titles II and XVI of such Act. ‘‘(iii) by substituting, in subsection this subparagraph shall be deposited as mis- (a)(2)(C)(i), the phrase ‘under title II’ for the (3) The representative has secured profes- cellaneous receipts in the general fund of the phrase ‘under title XVI’; sional liability insurance, or equivalent insur- Treasury. ance, which the Commissioner has determined to ‘‘(iv) by substituting, in subsection (b)(1)(A), ‘‘(vi) The assessments authorized under this the phrase ‘pay the amount of such fee’ for the be adequate to protect claimants in the event of subparagraph shall be collected and available malpractice by the representative. phrase ‘certify the amount of such fee for pay- for obligation only to the extent and in the ment’ and by striking, in subsection (b)(1)(A), amount provided in advance in appropriations (4) The representative has undergone a crimi- the phrase ‘or certified for payment’; and Acts. Amounts so appropriated are authorized nal background check to ensure the representa- ‘‘(v) by substituting, in subsection to remain available until expended, for adminis- tive’s fitness to practice before the Commis- (b)(1)(B)(ii), the phrase ‘deemed to be such trative expenses in carrying out this title and re- sioner. amounts as determined before any applicable related laws.’’. (5) The representative demonstrates ongoing duction under section 1631(g), and reduced by (b) CONFORMING AMENDMENTS.—Section completion of qualified courses of continuing the amount of any reduction in benefits under 1631(a) of the Social Security Act (42 U.S.C. education, including education regarding ethics this title or title II made pursuant to section 1383(a)) is amended— and professional conduct, which are designed to 1127(a)’ for the phrase ‘determined before any (1) in paragraph (2)(F)(i)(II), by inserting enhance professional knowledge in matters re- applicable reduction under section 1127(a))’.’’; ‘‘and payment of attorney fees under subsection lated to entitlement to, or eligibility for, benefits and (d)(2)(B)’’ after ‘‘subsection (g)’’; and based on disability under titles II and XVI of (4) by redesignating subparagraph (B) as sub- (2) in paragraph (10)(A)— such Act. Such continuing education, and the paragraph (D) and inserting after subparagraph (A) in the matter preceding clause (i), by in- instructors providing such education, shall meet (A) the following: serting ‘‘and payment of attorney fees under such standards as the Commissioner may pre- ‘‘(B) Subject to subparagraph (C), if the subsection (d)(2)(B)’’ after ‘‘subsection (g)’’; scribe. claimant is determined to be entitled to past-due and (c) ASSESSMENT OF FEES.— benefits under this title and the person rep- (B) in the matter following clause (ii), by in- resenting the claimant is an attorney, the Com- serting ‘‘and payment of attorney fees under (1) IN GENERAL.—The Commissioner may as- missioner of Social Security shall pay out of subsection (d)(2)(B)’’ after ‘‘State’’. sess representatives reasonable fees to cover the such past-due benefits to such attorney an (c) EFFECTIVE DATE.— cost to the Social Security Administration of ad- amount equal to the lesser of— (1) IN GENERAL.—The amendments made by ministering the prerequisites described in sub- ‘‘(i) so much of the maximum fee as does not this section shall apply with respect to fees for section (b). exceed 25 percent of such past-due benefits (as representation of claimants which are first re- (2) DISPOSITION OF FEES.—Fees collected determined before any applicable reduction quired to be paid under section 1631(d)(2) of the under paragraph (1) shall be credited to the under section 1631(g) and reduced by the Social Security Act on or after the date of the Federal Old-Age and Survivors Insurance Trust amount of any reduction in benefits under this submission by the Commissioner of Social Secu- Fund and the Federal Disability Insurance title or title II pursuant to section 1127(a)), or rity to each House of Congress pursuant to sec- Trust Fund, or deposited as miscellaneous re- ‘‘(ii) the amount of past-due benefits available tion 303(d) of this Act of written notice of com- ceipts in the general fund of the Treasury, after any applicable reductions under sections pletion of full implementation of the require- based on such allocations as the Commissioner 1631(g) and 1127(a). ments for operation of the demonstration project of Social Security determines appropriate. ‘‘(C)(i) Whenever a fee for services is required under section 303 of this Act. (3) AUTHORIZATION OF APPROPRIATIONS.—The to be paid to an attorney from a claimant’s past- (2) SUNSET.—Such amendments shall not fees authorized under this subparagraph shall due benefits pursuant to subparagraph (B), the apply with respect to fees for representation of be collected and available for obligation only to Commissioner shall impose on the attorney an claimants in the case of any claim for benefits the extent and in the amount provided in ad- assessment calculated in accordance with clause with respect to which the agreement for rep- vance in appropriations Acts. Amounts so ap- (ii). resentation is entered into after 5 years after the propriated are authorized to remain available ‘‘(ii)(I) The amount of an assessment under date described in paragraph (1). clause (i) shall be equal to the product obtained until expended for administering the pre- SEC. 303. NATIONWIDE DEMONSTRATION requisites described in subsection (b). by multiplying the amount of the representa- PROJECT PROVIDING FOR EXTEN- tive’s fee that would be required to be paid by SION OF FEE WITHHOLDING PROCE- (d) NOTICE TO CONGRESS AND APPLICABILITY subparagraph (B) before the application of this DURES TO NON-ATTORNEY REP- OF FEE WITHHOLDING PROCEDURES.—Not later subparagraph, by the percentage specified in RESENTATIVES. than 1 year after the date of enactment of this subclause (II), except that the maximum amount (a) IN GENERAL.—The Commissioner of Social Act, the Commissioner shall complete such ac- of the assessment may not exceed $75. In the Security (hereafter in this section referred to as tions as are necessary to fully implement the re- case of any calendar year beginning after the the ‘‘Commissioner’’) shall develop and carry quirements for full operation of

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16192 CONGRESSIONAL RECORD — SENATE December 9, 2003 the demonstration project and shall submit to benefits only, supplemental security income ben- SEC. 402. EXPANSION OF WAIVER AUTHORITY each House of Congress a written notice of the efits only, or concurrent benefits; AVAILABLE IN CONNECTION WITH DEMONSTRATION PROJECTS PRO- completion of such actions. The applicability (v) the relationship of such claimant rep- under this section to non-attorney representa- VIDING FOR REDUCTIONS IN DIS- resentatives to claimants, such as whether the ABILITY INSURANCE BENEFITS tives of the fee withholding procedures and as- claimant is a friend, family member, or client of BASED ON EARNINGS. sessment procedures under sections 206 and the claimant representative; and Section 302(c) of the Ticket to Work and Work 1631(d)(2) of the Social Security Act shall be ef- Incentives Improvement Act of 1999 (42 fective with respect to fees for representation of (vi) the amount of compensation (if any) paid U.S.C. 434 note) is amended by striking ‘‘(42 claimants in the case of claims for benefits with to the claimant representatives and the method U.S.C. 401 et seq.),’’ and inserting ‘‘(42 respect to which the agreement for representa- of payment of such compensation; U.S.C. 401 et seq.) and the requirements of section is entered into by such non-attorney rep- (B) assess the quality and effectiveness of the tion 1148 of such Act (42 U.S.C. 1320b–19) as resentatives during the period beginning with services provided by such claimant representa- they relate to the program established under the date of the submission of such notice by the tives, including a comparison of claimant satis- title II of such Act,’’. Commissioner to Congress and ending with the faction or complaints and benefit outcomes, ad- termination date of the demonstration project. justed for differences in claimant representa- SEC. 403. FUNDING OF DEMONSTRATION (e) REPORTS BY THE COMMISSIONER; TERMI- tives’ caseload, claimants’ diagnostic group, PROJECTS PROVIDING FOR REDUC- TIONS IN DISABILITY INSURANCE NATION.— level of decision, and other relevant factors; BENEFITS BASED ON EARNINGS. (1) INTERIM REPORTS.—On or before the date (C) assess the interactions between fee with- which is 1 year after the date of enactment of Section 302(f) of the Ticket to Work and Work holding under sections 206 and 1631(d)(2) of this Act, and annually thereafter, the Commis- Incentives Improvement Act of 1999 (42 such Act (including under the amendments sioner shall transmit to the Committee on Ways U.S.C. 434 note) is amended to read as follows: made by section 302 of this Act and under the and Means of the House of Representatives and ‘‘(f) EXPENDITURES.—Administrative expenses demonstration project conducted under section to the Committee on Finance of the Senate an for demonstration projects under this section 303 of this Act), the windfall offset under sec- annual interim report on the progress of the shall be paid from funds available for the ad- tion 1127 of such Act, and interim assistance re- demonstration project carried out under this ministration of title II or XVIII of the Social Se- imbursements under section 1631(g) of such Act; section, together with any related data and ma- curity Act, as appropriate. Benefits payable to terials that the Commissioner may consider ap- (D) assess the potential results of making per- or on behalf of individuals by reason of partici- propriate. manent the fee withholding procedures under pation in projects under this section shall be (2) TERMINATION DATE AND FINAL REPORT.— sections 206 and 1631(d)(2) of such Act under the made from the Federal Disability Insurance The termination date of the demonstration amendments made by section 302 of this Act and Trust Fund and the Federal Old-Age and Sur- project under this section is the date which is 5 under the demonstration project conducted vivors Insurance Trust Fund, as determined ap- years after the date of the submission of the no- under section 303 of this Act with respect to pro- propriate by the Commissioner of Social Secu- tice by the Commissioner to each House of Con- gram administration and claimant outcomes, rity, and from the Federal Hospital Insurance gress pursuant to subsection (d). The authority and assess whether the rules and procedures em- Trust Fund and the Federal Supplementary under the preceding provisions of this section ployed by the Commissioner of Social Security to Medical Insurance Trust Fund, as determined shall not apply in the case of claims for benefits evaluate the qualifications and performance of appropriate by the Secretary of Health and with respect to which the agreement for rep- claimant representatives should be revised prior Human Services, from funds available for bene- resentation is entered into after the termination to making such procedures permanent; and fits under such title II or XVIII.’’. date. Not later than 90 days after the termi- (E) make such recommendations for adminis- SEC. 404. AVAILABILITY OF FEDERAL AND STATE nation date, the Commissioner shall submit to trative and legislative changes as the Comp- WORK INCENTIVE SERVICES TO AD- the Committee on Ways and Means of the House troller General of the United States considers DITIONAL INDIVIDUALS. of Representatives and to the Committee on Fi- necessary or appropriate. (a) FEDERAL WORK INCENTIVES OUTREACH nance of the Senate a final report with respect PROGRAM.— to the demonstration project. (3) CONSULTATION REQUIRED.—The Comp- troller General of the United States shall consult (1) IN GENERAL.—Section 1149(c)(2) of the So- SEC. 304. GAO STUDY REGARDING THE FEE PAY- with beneficiaries under title II of such Act, cial Security Act (42 U.S.C. 1320b–20(c)(2)) is MENT PROCESS FOR CLAIMANT REP- amended to read as follows: RESENTATIVES. beneficiaries under title XVI of such Act, claimant representatives of beneficiaries under such ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis- (a) STUDY.— titles, and other interested parties, in con- abled beneficiary’ means an individual— (1) IN GENERAL.—The Comptroller General of ducting the study and evaluation required ‘‘(A) who is a disabled beneficiary as defined the United States shall study and evaluate the under paragraph (1). in section 1148(k)(2) of this Act; appointment and payment of claimant rep- ‘‘(B) who is receiving a cash payment de- resentatives appearing before the Commissioner (b) REPORT.—Not later than 3 years after the scribed in section 1616(a) of this Act or a supple- of Social Security in connection with benefit date of the submission by the Commissioner of mentary payment described in section 212(a)(3) claims under titles II and XVI of the Social Se- Social Security to each House of Congress pur- of Public Law 93–66 (without regard to whether curity Act (42 U.S.C. 401 et seq., 1381 et seq.) in suant to section 303(d) of this Act of written no- such payment is paid by the Commissioner pur- each of the following groups: tice of completion of full implementation of the suant to an agreement under section 1616(a) of (A) Attorney claimant representatives who requirements for operation of the demonstration this Act or under section 212(b) of Public Law elect fee withholding under section 206 or project under section 303 of this Act, the Comp- 93–66); 1631(d)(2) of such Act. troller General of the United States shall submit ‘‘(C) who, pursuant to section 1619(b) of this (B) Attorney claimant representatives who do to the Committee on Ways and Means of the Act, is considered to be receiving benefits under not elect such fee withholding. House of Representatives and the Committee on title XVI of this Act; or (C) Non-attorney claimant representatives Finance of the Senate a report on the results of who are eligible for, and elect, such fee with- the study and evaluation conducted pursuant to ‘‘(D) who is entitled to benefits under part A holding. subsection (a). of title XVIII of this Act by reason of the penultimate sentence of section 226(b) of this Act.’’. (D) Non-attorney claimant representatives TITLE IV—MISCELLANEOUS AND (2) EFFECTIVE DATE.—The amendment made who are eligible for, but do not elect, such fee TECHNICAL AMENDMENTS withholding. by this subsection shall apply with respect to (E) Non-attorney claimant representatives Subtitle A—Amendments Relating to the Tick- grants, cooperative agreements, or contracts en- who are not eligible for such fee withholding. et to Work and Work Incentives Improve- tered into on or after the date of the enactment of this Act. (2) MATTERS TO BE STUDIED.—In conducting ment Act of 1999 (b) STATE GRANTS FOR WORK INCENTIVES AS- the study under this subsection, the Comptroller SEC. 401. APPLICATION OF DEMONSTRATION AU- SISTANCE.— General shall, for each of group of claimant rep- THORITY SUNSET DATE TO NEW resentatives described in paragraph (1)— PROJECTS. (1) DEFINITION OF DISABLED BENEFICIARY.— (A) conduct a survey of the relevant charac- Section 1150(g)(2) of such Act (42 U.S.C. 1320b– Section 234 of the Social Security Act (42 teristics of such claimant representatives includ- 21(g)(2)) is amended to read as follows: U.S.C. 434) is amended— ing— ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis- (i) qualifications and experience; (1) in the first sentence of subsection (c), by abled beneficiary’ means an individual— (ii) the type of employment of such claimant striking ‘‘conducted under subsection (a)’’ and ‘‘(A) who is a disabled beneficiary as defined representatives, such as with an advocacy inserting ‘‘initiated under subsection (a) on or in section 1148(k)(2) of this Act; group, State or local government, or insurance before December 17, 2005’’; and ‘‘(B) who is receiving a cash payment de- or other company; (2) in subsection (d)(2), by striking the first scribed in section 1616(a) of this Act or a supple- (iii) geographical distribution between urban sentence and inserting the following: ‘‘The au- mentary payment described in section 212(a)(3) and rural areas; thority to initiate projects under the preceding of Public Law 93–66 (without regard to whether (iv) the nature of claimants’ cases, such as provisions of this section shall terminate on De- such payment is paid by the Commissioner pur- whether the cases are for disability insurance cember 18, 2005.’’. suant to an agreement under

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section 1616(a) of this Act or under section (b) EFFECTIVE DATE.—The amendment made (B) Section 1817(b)(2) of the Social Security 212(b) of Public Law 93–66); by this section shall apply with respect to final Act (42 U.S.C. 1395i(b)(2)). ‘‘(C) who, pursuant to section 1619(b) of this determinations issued (upon remand) on or after (C) Section 1841(b)(2) of the Social Security Act, is considered to be receiving benefits under the date of the enactment of this Act. Act (42 U.S.C. 1395t(b)(2)). title XVI of this Act; or SEC. 412. NONPAYMENT OF BENEFITS UPON RE- (2)(A) Section 221(c)(3)(C) of the Social Secu- ‘‘(D) who is entitled to benefits under part A MOVAL FROM THE UNITED STATES. rity Act (42 U.S.C. 421(c)(3)(C)). of title XVIII of this Act by reason of the penul- (a) IN GENERAL.—Section 202(n) of the Social timate sentence of section 226(b) of this Act.’’. Security Act (42 U.S.C. 402(n)) is amended— (B) Section 221(i)(3) of the Social Security Act (2) ADVOCACY OR OTHER SERVICES NEEDED TO (1) in paragraph (1), by striking ‘‘section (42 U.S.C. 421(i)(3)). MAINTAIN GAINFUL EMPLOYMENT.—Section 241(a) (other than under paragraph (1)(C) or SEC. 414. CLARIFICATION OF DEFINITIONS RE- 1150(b)(2) of such Act (42 U.S.C. 1320b–21(b)(2)) (1)(E) thereof) of the Immigration and Nation- GARDING CERTAIN SURVIVOR BENE- is amended by striking ‘‘secure or regain’’ and ality Act’’ and inserting ‘‘section 237(a) of the FITS. inserting ‘‘secure, maintain, or regain’’. Immigration and Nationality Act (other than (a) WIDOWS.—Section 216(c) of the Social Se- (3) EFFECTIVE DATE.—The amendments made under paragraph (1)(C) of such section) or curity Act (42 U.S.C. 416(c)) is amended— by this subsection shall apply with respect to under section 212(a)(6)(A) of such Act’’; (1) by redesignating subclauses (A) through payments provided after the date of the enact- (2) in paragraph (2), by striking ‘‘section (C) of clause (6) as subclauses (i) through (iii), ment of this Act. 241(a) of the Immigration and Nationality Act respectively; SEC. 405. TECHNICAL AMENDMENT CLARIFYING (other than under paragraph (1)(C) or (1)(E) TREATMENT FOR CERTAIN PUR- thereof)’’ and inserting ‘‘section 237(a) of the (2) by redesignating clauses (1) through (6) as POSES OF INDIVIDUAL WORK PLANS Immigration and Nationality Act (other than clauses (A) through (F), respectively; UNDER THE TICKET TO WORK AND under paragraph (1)(C) of such section) or (3) in clause (E) (as redesignated), by insert- SELF-SUFFICIENCY PROGRAM. under section 212(a)(6)(A) of such Act’’; ing ‘‘except as provided in paragraph (2),’’ be- (a) IN GENERAL.—Section 1148(g)(1) of the So- (3) in paragraph (3), by striking ‘‘paragraph fore ‘‘she was married’’; (19) of section 241(a) of the Immigration and Na- cial Security Act (42 U.S.C. 1320b–19(g)(1)) is (4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and amended by adding at the end, after and below tionality Act (relating to persecution of others subparagraph (E), the following: on account of race, religion, national origin, or (5) by adding at the end the following: ‘‘An individual work plan established pursuant political opinion, under the direction of or in as- ‘‘(2) The requirements of paragraph (1)(E) in to this subsection shall be treated, for purposes sociation with the Nazi government of Germany connection with the surviving wife of an indi- of section 51(d)(6)(B)(i) of the Internal Revenue or its allies) shall be considered to have been de- vidual shall be treated as satisfied if— Code of 1986, as an individualized written plan ported under such paragraph (19)’’ and insert- ‘‘(A) the individual had been married prior to for employment under a State plan for voca- ing ‘‘paragraph (4)(D) of section 241(a) of the the individual’s marriage to the surviving wife, tional rehabilitation services approved under Immigration and Nationality Act (relating to ‘‘(B) the prior wife was institutionalized dur- the Rehabilitation Act of 1973.’’. participating in Nazi persecutions or genocide) ing the individual’s marriage to the prior wife (b) EFFECTIVE DATE.—The amendment made shall be considered to have been deported under such paragraph (4)(D)’’; and due to mental incompetence or similar inca- by subsection (a) shall take effect as if included pacity, in section 505 of the Ticket to Work and Work (4) in paragraph (3) (as amended by para- Incentives Improvement Act of 1999 (Public Law graph (3) of this subsection), by striking ‘‘(C) during the period of the prior wife’s in- 106–170; 113 Stat. 1921). ‘‘241(a)’’ and inserting ‘‘237(a)’’. stitutionalization, the individual would have di- (b) TECHNICAL CORRECTIONS.— vorced the prior wife and married the surviving SEC. 406. GAO STUDY REGARDING THE TICKET TO wife, but the individual did not do so because WORK AND SELF-SUFFICIENCY PRO- (1) TERMINOLOGY REGARDING REMOVAL FROM GRAM. THE UNITED STATES.—Section 202(n) of the Social such divorce would have been unlawful, by reason of the prior wife’s institutionalization, (a) GAO REPORT.—Not later than 12 months Security Act (42 U.S.C. 402(n)) (as amended by under the laws of the State in which the indi- after the date of enactment of this Act, the subsection (a)) is amended further— vidual was domiciled at the time (as determined Comptroller General of the United States shall (A) by striking ‘‘deportation’’ each place it based on evidence satisfactory to the Commis- submit a report to Congress regarding the Ticket appears and inserting ‘‘removal’’; sioner of Social Security), to Work and Self-Sufficiency Program estab- (B) by striking ‘‘deported’’ each place it ap- lished under section 1148 of the Social Security pears and inserting ‘‘removed’’; and ‘‘(D) the prior wife continued to remain insti- Act (42 U.S.C. 1320b–19) that— (C) in the heading, by striking ‘‘Deportation’’ tutionalized up to the time of her death, and and inserting ‘‘Removal’’. (1) examines the annual and interim reports ‘‘(E) the individual married the surviving wife (2) REFERENCES TO THE SECRETARY OF HOME- issued by States, the Ticket to Work and Work within 60 days after the prior wife’s death.’’. Incentives Advisory Panel established under LAND SECURITY.—Section 202(n) of the Social Se- curity Act (42 U.S.C. 402(n)) (as amended by (b) WIDOWERS.—Section 216(g) of such Act (42 section 101(f) of the Ticket to Work and Work U.S.C. 416(g)) is amended— Incentives Improvement Act of 1999 (42 U.S.C. subsection (a) and paragraph (1)) is amended 1320b–19 note), and the Commissioner of Social further by inserting ‘‘or the Secretary of Home- (1) by redesignating subclauses (A) through Security regarding such program; land Security’’ after ‘‘the Attorney General’’ (C) of clause (6) as subclauses (i) through (iii), each place it appears. respectively; (2) assesses the effectiveness of the activities (c) EFFECTIVE DATES.— carried out under such program; and (2) by redesignating clauses (1) through (6) as (1) IN GENERAL.—The amendment made by— (3) recommends such legislative or administra- clauses (A) through (F), respectively; (A) subsection (a)(1) shall apply to individuals tive changes as the Comptroller General deter- (3) in clause (E) (as redesignated), by insert- with respect to whom the Commissioner of Social mines are appropriate to improve the effective- ing ‘‘except as provided in paragraph (2),’’ be- Security receives a removal notice after the date ness of such program. fore ‘‘he was married’’; of the enactment of this Act; SEC. 407. REAUTHORIZATION OF APPROPRIA- (B) subsection (a)(2) shall apply with respect (4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and TIONS FOR CERTAIN WORK INCEN- to notifications of removals received by the Com- (5) by adding at the end the following: TIVES PROGRAMS. missioner of Social Security after the date of en- ‘‘(2) The requirements of paragraph (1)(E) in (a) BENEFITS PLANNING, ASSISTANCE, AND actment of this Act; and OUTREACH.—Section 1149(d) of the Social Secu- connection with the surviving husband of an in- (C) subsection (a)(3) shall be effective as if en- dividual shall be treated as satisfied if— rity Act (42 U.S.C. 1320b–20(d)) is amended by acted on March 1, 1991. ‘‘(A) the individual had been married prior to striking ‘‘2004’’ and inserting ‘‘2009’’. (2) SUBSEQUENT CORRECTION OF CROSS-REF- the individual’s marriage to the surviving hus- (b) PROTECTION AND ADVOCACY.—Section ERENCE AND TERMINOLOGY.—The amendments 1150(h) of the Social Security Act (42 U.S.C. made by subsections (a)(4) and (b)(1) shall be ef- band, 1320b–21(h)) is amended by striking ‘‘2004’’ and fective as if enacted on April 1, 1997. ‘‘(B) the prior husband was institutionalized inserting ‘‘2009’’. (3) REFERENCES TO THE SECRETARY OF HOME- during the individual’s marriage to the prior Subtitle B—Miscellaneous Amendments LAND SECURITY.—The amendment made by sub- husband due to mental incompetence or similar incapacity, SEC. 411. ELIMINATION OF TRANSCRIPT RE- section (b)(2) shall be effective as if enacted on QUIREMENT IN REMAND CASES March 1, 2003. ‘‘(C) during the period of the prior husband’s FULLY FAVORABLE TO THE CLAIM- SEC. 413. REINSTATEMENT OF CERTAIN REPORT- institutionalization, the individual would have ANT. ING REQUIREMENTS. divorced the prior husband and married the sur- (a) IN GENERAL.—Section 205(g) of the Social Section 3003(a)(1) of the Federal Reports viving husband, but the individual did not do so Security Act (42 U.S.C. 405(g)) is amended in Elimination and Sunset Act of 1995 (31 because such divorce would have been unlawful, the sixth sentence by striking ‘‘and a tran- U.S.C. 1113 note) shall not apply to any report by reason of the prior husband’s institutional- script’’ and inserting ‘‘and, in any case in required to be submitted under any of the fol- ization, under the laws of the State in which the which the Commissioner has not made a deci- lowing provisions of law: individual was domiciled at the time (as deter- sion fully favorable to the individual, a tran- (1)(A) Section 201(c)(2) of the Social Security mined based on evidence satisfactory to the script’’. Act (42 U.S.C. 401(c)(2)). Commissioner of Social Security),

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16194 CONGRESSIONAL RECORD — SENATE December 9, 2003 ‘‘(D) the prior husband continued to remain ‘‘(I) clause (ii) or (iii) of subparagraph (G) of ing ‘‘paragraph (5)’’ and inserting ‘‘paragraph institutionalized up to the time of his death, section 210(a)(5), where the lump-sum payment (4)’’. and described in such clause (ii) or the cessation of (ii) Section 202(f)(1)(F) of the Social Security ‘‘(E) the individual married the surviving hus- coverage described in such clause (iii) (which- Act (42 U.S.C. 402(f)(1)(F)) is amended by strik- band within 60 days after the prior husband’s ever is applicable) was received or occurred on ing ‘‘paragraph (6)’’ and ‘‘paragraph (5)’’ (in death.’’. or after January 1, 1988, or clauses (i) and (ii)) and inserting ‘‘paragraph (c) CONFORMING AMENDMENT.—Section 216(k) ‘‘(II) an election to become subject to the Fed- (5)’’ and ‘‘paragraph (4)’’, respectively. eral Employees’ Retirement System provided in of such Act (42 U.S.C. 416(k)) is amended by (iii) Section 202(f)(5)(A)(ii) of the Social Secu- chapter 84 of title 5, United States Code, or the striking ‘‘clause (5) of subsection (c) or clause rity Act (as redesignated by subparagraph Foreign Service Pension System provided in sub- (5) of subsection (g)’’ and inserting ‘‘clause (E) (A)(i)) is amended by striking ‘‘paragraph (5)’’ chapter II of chapter 8 of title I of the Foreign of subsection (c)(1) or clause (E) of subsection and inserting ‘‘paragraph (4)’’. (g)(1)’’. Service Act of 1980 made pursuant to law after (d) EFFECTIVE DATE.—The amendments made December 31, 1987, (iv) Section 202(k)(2)(B) of the Social Security by this section shall be effective with respect to unless subparagraph (B) applies. Act (42 U.S.C. 402(k)(2)(B)) is amended by strik- applications for benefits under title II of the So- The amount of the reduction in any benefit ing ‘‘or (f)(4)’’ each place it appears and insert- cial Security Act filed during months ending under this subparagraph, if not a multiple of ing ‘‘or (f)(3)’’. after the date of the enactment of this Act. $0.10, shall be rounded to the next higher mul- (v) Section 202(k)(3)(A) of the Social Security SEC. 415. CLARIFICATION RESPECTING THE FICA tiple of $0.10. Act (42 U.S.C. 402(k)(3)(A)) is amended by strik- AND SECA TAX EXEMPTIONS FOR AN ‘‘(B)(i) Subparagraph (A)(i) shall not apply ing ‘‘or (f)(3)’’ and inserting ‘‘or (f)(2)’’. INDIVIDUAL WHOSE EARNINGS ARE with respect to monthly periodic benefits based (vi) Section 202(k)(3)(B) of the Social Security SUBJECT TO THE LAWS OF A TOTAL- wholly on service as a member of a uniformed Act (42 U.S.C. 402(k)(3)(B)) is amended by strik- IZATION AGREEMENT PARTNER. service (as defined in section 210(m)). ing ‘‘or (f)(4)’’ and inserting ‘‘or (f)(3)’’. Sections 1401(c), 3101(c), and 3111(c) of the In- ‘‘(ii) Subparagraph (A)(ii) shall not apply (vii) Section 226(e)(1)(A)(i) of the Social Secu- ternal Revenue Code of 1986 are each amended with respect to monthly periodic benefits based rity Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by by striking ‘‘to taxes or contributions for similar in whole or in part on service which constituted striking ‘‘and 202(f)(5)’’ and inserting ‘‘and purposes under’’ and inserting ‘‘exclusively to ‘employment’ as defined in section 210 if such 202(f)(4)’’. the laws applicable to’’. service was performed for at least 60 months in (5) MOTHER’S AND FATHER’S INSURANCE BENE- SEC. 416. COVERAGE UNDER DIVIDED RETIRE- the aggregate during the period beginning Janu- MENT SYSTEM FOR PUBLIC EMPLOY- ary 1, 1988, and ending with the close of the FITS.—Section 202(g) of the Social Security Act EES IN KENTUCKY AND LOUISIANA. first calendar month as of the end of which such (42 U.S.C. 402(g)) is amended— (a) IN GENERAL.—Section 218(d)(6)(C) of the individual is eligible for benefits under this sub- (A) in paragraph (2), by striking ‘‘Except as Social Security Act (42 U.S.C. 418(d)(6)(C)) is section and has made a valid application for provided in paragraph (4) of this subsection, amended by inserting ‘‘Kentucky, Louisiana,’’ such benefits. such’’ and inserting ‘‘Such’’; and after ‘‘Illinois,’’. ‘‘(C) For purposes of this paragraph, any (B) by striking paragraph (4). FFECTIVE ATE (b) E D .—The amendment made periodic benefit which otherwise meets the re- (c) EFFECTIVE DATE AND TRANSITIONAL by subsection (a) takes effect on January 1, quirements of subparagraph (A), but which is RULE.— 2003. paid on other than a monthly basis, shall be al- (1) IN GENERAL.—The amendments made by located on a basis equivalent to a monthly ben- SEC. 417. COMPENSATION FOR THE SOCIAL SECU- this section shall apply with respect to applica- RITY ADVISORY BOARD. efit (as determined by the Commissioner of So- tions for benefits under title II of the Social Se- (a) IN GENERAL.—Subsection (f) of section 703 cial Security) and such equivalent monthly ben- curity Act filed on or after the first day of the of the Social Security Act (42 U.S.C. 903(f)) is efit shall constitute a monthly periodic benefit first month that begins after the date of enact- amended to read as follows: for purposes of subparagraph (A). For purposes ment of this Act, except that such amendments of this subparagraph, the term ‘periodic benefit’ ‘‘Compensation, Expenses, and Per Diem shall not apply in connection with monthly includes a benefit payable in a lump sum if it is periodic benefits of any individual based on ‘‘(f) A member of the Board shall, for each a commutation of, or a substitute for, periodic earnings while in service described in section day (including traveltime) during which the payments.’’. 202(k)(5)(A) of the Social Security Act (in the member is attending meetings or conferences of (b) CONFORMING AMENDMENTS.— the Board or otherwise engaged in the business (1) WIFE’S INSURANCE BENEFITS.—Section matter preceding clause (i) thereof) if the last of the Board, be compensated at the daily rate 202(b) of the Social Security Act (42 U.S.C. day of such service occurs before July 1, 2004. of basic pay for level IV of the Executive Sched- 402(b)) is amended— (2) TRANSITIONAL RULE.—In the case of any ule. While serving on business of the Board (A) in paragraph (2), by striking ‘‘subsection individual whose last day of service described in away from their homes or regular places of busi- (q) and paragraph (4) of this subsection’’ and subparagraph (A) of section 202(k)(5) of the So- ness, members may be allowed travel expenses, inserting ‘‘subsections (k)(5) and (q)’’; and cial Security Act (as added by subsection (a) of including per diem in lieu of subsistence, as au- (B) by striking paragraph (4) and redesig- this section) occurs within 5 years after the date thorized by section 5703 of title 5, United States nating paragraph (5) as paragraph (4). of enactment of this Act— Code, for persons in the Government employed (2) HUSBAND’S INSURANCE BENEFITS.—Section (A) the 60-month period described in such sub- intermittently.’’. 202(c) of the Social Security Act (42 U.S.C. paragraph (A) shall be reduced (but not to less (b) EFFECTIVE DATE.—The amendment made 402(c)) is amended— than 1 month) by the number of months of such by this section shall be effective as of January (A) by striking paragraph (2) and redesig- service (in the aggregate and without regard to 1, 2003. nating paragraphs (3) through (5) as para- whether such months of service were contin- SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT RE- graphs (2) through (4), respectively; and uous) which— QUIREMENT FOR APPLICATION OF (B) in paragraph (2) as so redesignated, by (i) were performed by the individual under the GOVERNMENT PENSION OFFSET EX- striking ‘‘subsection (q) and paragraph (2) of same retirement system on or before the date of EMPTION. this subsection’’ and inserting ‘‘subsections enactment of this Act, and (a) IN GENERAL.—Section 202(k) of the Social (k)(5) and (q)’’. Security Act (42 U.S.C. 402(k)) is amended by (3) WIDOW’S INSURANCE BENEFITS.—Section (ii) constituted ‘‘employment’’ as defined in adding at the end the following: 202(e) of the Social Security Act (42 U.S.C. section 210 of the Social Security Act; and ‘‘(5)(A) The amount of a monthly insurance 402(e)) is amended— (B) months of service necessary to fulfill the benefit of any individual for each month under (A) in paragraph (2)(A), by striking ‘‘sub- 60-month period as reduced by subparagraph subsection (b), (c), (e), (f), or (g) (as determined section (q), paragraph (7) of this subsection,’’ (A) of this paragraph must be performed after after application of the provisions of subsection and inserting ‘‘subsection (k)(5), subsection the date of enactment of this Act. (q) and the preceding provisions of this sub- (q),’’; and SEC. 419. DISCLOSURE TO WORKERS OF EFFECT section) shall be reduced (but not below zero) by (B) by striking paragraph (7) and redesig- OF WINDFALL ELIMINATION PROVI- an amount equal to two-thirds of the amount of nating paragraphs (8) and (9) as paragraphs (7) SION AND GOVERNMENT PENSION any monthly periodic benefit payable to such and (8), respectively. OFFSET PROVISION. individual for such month which is based upon (4) WIDOWER’S INSURANCE BENEFITS.— (a) INCLUSION OF NONCOVERED EMPLOYEES AS such individual’s earnings while in the service (A) IN GENERAL.—Section 202(f) of the Social ELIGIBLE INDIVIDUALS ENTITLED TO SOCIAL SE- of the Federal Government or any State (or po- Security Act (42 U.S.C. 402(f)) is amended— CURITY ACCOUNT STATEMENTS.—Section litical subdivision thereof, as defined in section (i) by striking paragraph (2) and redesig- 1143(a)(3) of the Social Security Act (42 U.S.C. 218(b)(2)) if, during any portion of the last 60 nating paragraphs (3) through (9) as para- 1320b–13(a)(3)) is amended— months of such service ending with the last day graphs (2) through (8), respectively; and (1) by striking ‘‘who’’ after ‘‘an individual’’ such individual was employed by such entity— (ii) in paragraph (2) as so redesignated, by and inserting ‘‘who’’ before ‘‘has’’ in each of ‘‘(i) such service did not constitute ‘employ- striking ‘‘subsection (q), paragraph (2) of this subparagraphs (A) and (B); ment’ as defined in section 210, or subsection,’’ and inserting ‘‘subsection (k)(5), ‘‘(ii) such service was being performed while subsection (q),’’. (2) by inserting ‘‘(i) who’’ after ‘‘(C)’’; and in the service of the Federal Government, and (B) CONFORMING AMENDMENTS.— (3) by inserting before the period the fol- constituted ‘employment’ as so defined solely by (i) Section 202(f)(1)(B) of the Social Security lowing: ‘‘, or (ii) with respect to whom the Com- reason of— Act (42 U.S.C. 402(f)(1)(B)) is amended by strik- missioner has information that the pattern of

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16195 wages or self-employment income indicate a standing obligations for deemed wage credits for U.S.C. 411(a)(15)) is amended by striking ‘‘sec- likelihood of noncovered employment’’. 2000 and 2001.’’. tion 162(m)’’ and inserting ‘‘section 162(l)’’. (b) EXPLANATION IN SOCIAL SECURITY AC- (b) CONFORMING AMENDMENTS.— (b) ELIMINATION OF REFERENCE TO OBSOLETE COUNT STATEMENTS OF POSSIBLE EFFECTS OF (1) REPEAL OF AUTHORITY FOR ANNUAL APPRO- 20-DAY AGRICULTURAL WORK TEST.—Section PERIODIC BENEFITS UNDER STATE AND LOCAL PRIATIONS AND RELATED ADJUSTMENTS TO COM- 3102(a) of the Internal Revenue Code of 1986 is RETIREMENT SYSTEMS ON SOCIAL SECURITY BEN- PENSATE THE SOCIAL SECURITY TRUST FUND FOR amended by striking ‘‘and the employee has not EFITS.—Section 1143(a)(2) of the Social Security MILITARY WAGE CREDITS.—Section 229 of the So- performed agricultural labor for the employer on Act (42 U.S.C. 1320b–13(a)(2)) is amended— cial Security Act (42 U.S.C. 429) is amended— 20 days or more in the calendar year for cash re- (1) in subparagraph (C), by striking ‘‘and’’ at (A) by striking ‘‘(a)’’; and muneration computed on a time basis’’. the end; (B) by striking subsection (b). SEC. 425. TECHNICAL CORRECTION RESPECTING (2) in subparagraph (D), by striking the pe- (2) AMENDMENT TO REFLECT THE TERMINATION SELF-EMPLOYMENT INCOME IN COM- riod and inserting ‘‘; and’’; and OF WAGE CREDITS EFFECTIVE AFTER CALENDAR MUNITY PROPERTY STATES. (3) by adding at the end the following: YEAR 2001 BY SECTION 8134 OF PUBLIC LAW 107– (a) SOCIAL SECURITY ACT AMENDMENT.—Sec- ‘‘(E) in the case of an eligible individual de- 117.—Section 229(a)(2) of the Social Security Act tion 211(a)(5)(A) of the Social Security Act (42 scribed in paragraph (3)(C)(ii), an explanation, (42 U.S.C. 429(a)(2)), as amended by paragraph U.S.C. 411(a)(5)(A)) is amended by striking ‘‘all in language calculated to be understood by the (1), is amended by inserting ‘‘and before 2002’’ of the gross income’’ and all that follows and average eligible individual, of the operation of after ‘‘1977’’. inserting ‘‘the gross income and deductions at- the provisions under sections 202(k)(5) and SEC. 420A. ELIMINATION OF DISINCENTIVE TO tributable to such trade or business shall be 215(a)(7) and an explanation of the maximum RETURN-TO-WORK FOR CHILDHOOD treated as the gross income and deductions of potential effects of such provisions on the eligi- DISABILITY BENEFICIARIES. the spouse carrying on such trade or business ble individual’s monthly retirement, survivor, (a) IN GENERAL.—Section 202(d)(6)(B) of the or, if such trade or business is jointly operated, and auxiliary benefits.’’. Social Security Act (42 U.S.C. 402(d)(6)(B)) is treated as the gross income and deductions of (c) TRUTH IN RETIREMENT DISCLOSURE TO amended— each spouse on the basis of their respective dis- GOVERNMENTAL EMPLOYEES OF EFFECT OF NON- (1) by inserting ‘‘(i)’’ after ‘‘began’’; and tributive share of the gross income and deduc- COVERED EMPLOYMENT ON BENEFITS UNDER (2) by adding after ‘‘such disability,’’ the fol- tions;’’. TITLE II.—Section 1143 of the Social Security lowing: ‘‘or (ii) after the close of the 84th month (b) INTERNAL REVENUE CODE OF 1986 AMEND- Act (42 U.S..C. 1320b–13) is amended further by following the month in which his most recent adding at the end the following: MENT.—Section 1402(a)(5)(A) of the Internal entitlement to child’s insurance benefits termi- Revenue Code of 1986 is amended by striking ‘‘Disclosure to Governmental Employees of nated because he ceased to be under such dis- ‘‘all of the gross income’’ and all that follows Effect of Noncovered Employment ability due to performance of substantial gainful and inserting ‘‘the gross income and deductions ‘‘(d)(1) In the case of any individual com- activity,’’. attributable to such trade or business shall be mencing employment on or after January 1, (b) EFFECTIVE DATE.—The amendments made treated as the gross income and deductions of 2005, in any agency or instrumentality of any by subsection (a) shall be effective with respect the spouse carrying on such trade or business State (or political subdivision thereof, as defined to benefits payable for months beginning with or, if such trade or business is jointly operated, in section 218(b)(2)) in a position in which serv- the 7th month that begins after the date of en- treated as the gross income and deductions of ice performed by the individual does not con- actment of this Act. each spouse on the basis of their respective dis- stitute ‘employment’ as defined in section 210, Subtitle C—Technical Amendments tributive share of the gross income and deduc- the head of the agency or instrumentality shall SEC. 421. TECHNICAL CORRECTION RELATING TO tions; and’’. ensure that, prior to the date of the commence- RESPONSIBLE AGENCY HEAD. SEC. 426. TECHNICAL AMENDMENTS TO THE RAIL- ment of the individual’s employment in the posi- Section 1143 of the Social Security Act (42 ROAD RETIREMENT AND SURVIVORS’ tion, the individual is provided a written notice U.S.C. 1320b–13) is amended— IMPROVEMENT ACT OF 2001. setting forth an explanation, in language cal- (1) by striking ‘‘Secretary’’ the first place it (a) QUORUM RULES.—Section 15(j)(7) of the culated to be understood by the average indi- appears and inserting ‘‘Commissioner of Social Railroad Retirement Act of 1974 (45 U.S.C. vidual, of the maximum effect on computations Security’’; and 231n(j)(7)) is amended by striking ‘‘entire Board of primary insurance amounts (under section (2) by striking ‘‘Secretary’’ each subsequent of Trustees’’ and inserting ‘‘Trustees then hold- 215(a)(7)) and the effect on benefit amounts place it appears and inserting ‘‘Commissioner’’. ing office’’. (under section 202(k)(5)) of monthly periodic SEC. 422. TECHNICAL CORRECTION RELATING TO (b) POWERS OF THE BOARD OF TRUSTEES.— payments or benefits payable based on earnings RETIREMENT BENEFITS OF MIN- Section 15(j)(4) of the Railroad Retirement Act derived in such service. Such notice shall be in ISTERS. of 1974 (45 U.S.C. 231n(j)(4)) is amended to read a form which shall be prescribed by the Commis- (a) IN GENERAL.—Section 211(a)(7) of the So- as follows: sioner of Social Security. cial Security Act (42 U.S.C. 411(a)(7)) is amend- ‘‘(4) POWERS OF THE BOARD OF TRUSTEES.— ‘‘(2) The written notice provided to an indi- ed by inserting ‘‘, but shall not include in any The Board of Trustees shall— vidual pursuant to paragraph (1) shall include such net earnings from self-employment the ‘‘(A) retain independent advisers to assist it in a form which, upon completion and signature rental value of any parsonage or any parsonage the formulation and adoption of its investment by the individual, would constitute certification allowance (whether or not excluded under sec- guidelines; by the individual of receipt of the notice. The tion 107 of the Internal Revenue Code of 1986) ‘‘(B) invest assets of the Trust in a manner agency or instrumentality providing the notice provided after the individual retires, or any consistent with such investment guidelines, ei- to the individual shall require that the form be other retirement benefit received by such indi- ther directly or through the retention of inde- completed and signed by the individual and sub- vidual from a church plan (as defined in section pendent investment managers; mitted to the agency or instrumentality and to 414(e) of such Code) after the individual retires’’ ‘‘(C) adopt bylaws and other rules to govern the pension, annuity, retirement, or similar fund before the semicolon. its operations; or system established by the governmental entity (b) EFFECTIVE DATE.—The amendment made ‘‘(D) employ professional staff, and contract involved responsible for paying the monthly by this section shall apply to years beginning with outside advisers, including the Railroad periodic payments or benefits, before commence- before, on, or after December 31, 1994. Retirement Board, to provide legal, accounting, ment of service with the agency or instrumen- SEC. 423. TECHNICAL CORRECTIONS RELATING investment advisory or management services tality.’’. TO DOMESTIC EMPLOYMENT. (compensation for which may be on a fixed con- (d) EFFECTIVE DATES.—The amendments made by subsections (a) and (b) of this section shall (a) AMENDMENT TO INTERNAL REVENUE tract fee basis or on such other terms as are cus- ODE.—Section 3121(a)(7)(B) of the Internal apply with respect to social security account C tomary for such services), or other services nec- Revenue Code of 1986 is amended by striking statements issued on or after January 1, 2007. essary for the proper administration of the ‘‘described in subsection (g)(5)’’ and inserting Trust; SEC. 420. POST-1956 MILITARY WAGE CREDITS. ‘‘on a farm operated for profit’’. ‘‘(E) sue and be sued and participate in legal (a) PAYMENT TO THE SOCIAL SECURITY TRUST (b) AMENDMENT TO SOCIAL SECURITY ACT.— proceedings, have and use a seal, conduct busi- FUNDS IN SATISFACTION OF OUTSTANDING OBLI- Section 209(a)(6)(B) of the Social Security Act ness, carry on operations, and exercise its pow- GATIONS.—Section 201 of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended by striking ers within or without the District of Columbia, (42 U.S.C. 401) is amended by adding at the end ‘‘described in section 210(f)(5)’’ and inserting form, own, or participate in entities of any kind, the following: ‘‘(n) Not later than July 1, 2004, the Secretary ‘‘on a farm operated for profit’’. enter into contracts and agreements necessary (c) CONFORMING AMENDMENT.—Section of the Treasury shall transfer, from amounts in to carry out its business purposes, lend money 3121(g)(5) of such Code and section 210(f)(5) of the general fund of the Treasury that are not for such purposes, and deal with property as se- such Act (42 U.S.C. 410(f)(5)) are amended by otherwise appropriated— curity for the payment of funds so loaned, and ‘‘(1) $624,971,854 to the Federal Old-Age and striking ‘‘or is domestic service in a private possess and exercise any other powers appro- Survivors Insurance Trust Fund; home of the employer’’. priate to carry out the purposes of the Trust; ‘‘(2) $105,379,671 to the Federal Disability In- SEC. 424. TECHNICAL CORRECTIONS OF OUT- ‘‘(F) pay administrative expenses of the Trust surance Trust Fund; and DATED REFERENCES. from the assets of the Trust; and ‘‘(3) $173,306,134 to the Federal Hospital In- (a) CORRECTION OF CITATION RESPECTING THE ‘‘(G) transfer money to the disbursing agent or surance Trust Fund. TAX DEDUCTION RELATING TO HEALTH INSUR- as otherwise provided in section 7(b)(4), to pay Amounts transferred in accordance with this ANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.— benefits payable under this Act from the assets subsection shall be in satisfaction of certain out- Section 211(a)(15) of the Social Security Act (42 of the Trust.’’.

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(c) STATE AND LOCAL TAXES.—Section 15(j)(6) (b) ADVANCEABLE TAX CREDITS.—Section (1) by inserting ‘‘and’’ after ‘‘citizen of the of the Railroad Retirement Act of 1974 (45 1613(a)(11) of the Social Security Act (42 U.S.C. United States,’’; and U.S.C. 231n(j)(6)) is amended to read as follows: 1382b(a)(11)) is amended to read as follows: (2) by striking ‘‘, and who,’’ and all that fol- ‘‘(6) STATE AND LOCAL TAXES.—The Trust ‘‘(11) for the 9-month period beginning after lows and inserting a period. shall be exempt from any income, sales, use, the month in which received— (b) EFFECTIVE DATE.—The amendments made property, or other similar tax or fee imposed or ‘‘(A) notwithstanding section 203 of the Eco- by this section shall be effective with respect to levied by a State, political subdivision, or local nomic Growth and Tax Relief Reconciliation Act benefits payable for months beginning after the taxing authority. The district courts of the of 2001, any refund of Federal income taxes date of enactment of this Act, but only on the United States shall have original jurisdiction made to such individual (or such spouse) under basis of an application filed after such date. section 24 of the Internal Revenue Code of 1986 over a civil action brought by the Trust to en- SEC. 435. TREATMENT OF EDUCATION-RELATED force this subsection and may grant equitable or (relating to child tax credit) by reason of sub- INCOME AND RESOURCES. section (d) thereof; and declaratory relief requested by the Trust.’’. (a) EXCLUSION FROM INCOME OF GIFTS PRO- ‘‘(B) any refund of Federal income taxes made (d) FUNDING.—Section 15(j)(8) of the Railroad VIDED FOR TUITION AND OTHER EDUCATION-RE- to such individual (or such spouse) by reason of Retirement Act of 1974 (45 U.S.C. 231n(j)(8)) is LATED FEES.—Section 1612(b)(7) of the Social Se- section 32 of the Internal Revenue Code of 1986 repealed. curity Act (42 U.S.C. 1382a(b)(7)) is amended by (e) TRANSFERS.—Section 15A(d)(2) of the Rail- (relating to earned income tax credit), and any payment made to such individual (or such striking ‘‘or fellowship received for use in pay- road Retirement Act of 1974 (45 U.S.C. 231n– ing’’ and inserting ‘‘fellowship, or gift (or por- 1(d)(2)) is amended— spouse) by an employer under section 3507 of such Code (relating to advance payment of tion of a gift) used to pay’’. (1) by inserting ‘‘or the Railroad Retirement (b) EXCLUSION FROM RESOURCES FOR 9 Account’’ after ‘‘National Railroad Retirement earned income credit);’’. (c) EFFECTIVE DATE.—The amendments made MONTHS OF GRANTS, SCHOLARSHIPS, FELLOW- Investment Trust’’ the second place it appears; SHIPS, OR GIFTS PROVIDED FOR TUITION AND (2) by inserting ‘‘or the Railroad Retirement by this section shall take effect on the date of enactment of this Act, and shall apply to OTHER EDUCATION-RELATED FEES.—Section Board’’ after ‘‘National Railroad Retirement In- amounts described in paragraph (7) of section 1613(a) of the Social Security Act (42 U.S.C. vestment Trust’’ the third place it appears; 1382b(a)) (as amended by section 101(c)(2)) is (3) by inserting ‘‘(either directly or through a 1613(a) of the Social Security Act and refunds of Federal income taxes described in paragraph amended— commingled account consisting only of such ob- (11) of such section, that are received by an eli- (1) in paragraph (13), by striking ‘‘and’’ at ligations)’’ after ‘‘United States’’ the first place gible individual or eligible spouse on or after the end; it appears; and such date. (2) in paragraph (14), by striking the period (4) in the third sentence, by inserting before and inserting ‘‘; and’’; and the period at the end the following: ‘‘or to pur- SEC. 432. ELIMINATION OF CERTAIN RESTRIC- TIONS ON THE APPLICATION OF THE (3) by inserting after paragraph (14) the fol- chase such additional obligations’’. STUDENT EARNED INCOME EXCLU- lowing: (f) CLERICAL AMENDMENTS.—Section 15(j)(5) of SION. ‘‘(15) for the 9-month period beginning after the Railroad Retirement Act of 1974 (45 U.S.C. (a) IN GENERAL.—Section 1612(b)(1) of the So- the month in which received, any grant, schol- 231n(j)(5)) is amended— cial Security Act (42 U.S.C. 1382a(b)(1)) is arship, fellowship, or gift (or portion of a gift) (1) in subparagraph (B), by striking ‘‘trust- amended by striking ‘‘a child who’’ and insert- used to pay the cost of tuition and fees at any ee’s’’ each place it appears and inserting ing ‘‘under the age of 22 and’’. educational (including technical or vocational ‘‘Trustee’s’’; (b) EFFECTIVE DATE.—The amendment made education) institution.’’. (2) in subparagraph (C), by striking ‘‘trustee’’ by this section shall be effective with respect to (c) EFFECTIVE DATE.—The amendments made and ‘‘trustees’’ each place it appears and insert- benefits payable for months that begin on or by this section shall apply to benefits payable ing ‘‘Trustee’’ and ‘‘Trustees’’, respectively; and after 1 year after the date of enactment of this for months that begin more than 90 days after (3) in the matter preceding clause (i) of sub- Act. the date of enactment of this Act. paragraph (D), by striking ‘‘trustee’’ and insert- SEC. 433. EXCEPTION TO RETROSPECTIVE SEC. 436. MONTHLY TREATMENT OF UNIFORMED ing ‘‘Trustee’’. MONTHLY ACCOUNTING FOR NON- SERVICE COMPENSATION. Subtitle D—Amendments Related to Title XVI RECURRING INCOME. (a) IN GENERAL.—Section 1611(c) of the Social (a) TREATMENT OF PAY AS RECEIVED WHEN SEC. 430. EXCLUSION FROM INCOME FOR CER- Security Act (42 U.S.C. 1382(c)) is amended by EARNED.—Section 1611(c) of the Social Security TAIN INFREQUENT OR IRREGULAR adding at the end the following: Act (42 U.S.C. 1382(c)), as amended by section INCOME AND CERTAIN INTEREST OR 435(a), is amended by adding at the end the fol- DIVIDEND INCOME. ‘‘(9)(A) Notwithstanding paragraphs (1) and lowing: (a) INFREQUENT OR IRREGULAR INCOME.—Sec- (2), any nonrecurring income which is paid to ‘‘(10) For purposes of this subsection, remu- tion 1612(b)(3) of the Social Security Act (42 an individual in the first month of any period of neration for service performed as a member of a U.S.C. 1382a(b)(3)) is amended to read as fol- eligibility shall be taken into account in deter- uniformed service may be treated as received in lows— mining the amount of the benefit under this title ‘‘(3) in any calendar quarter, the first— of such individual (and his eligible spouse, if the month in which it was earned, if the Com- ‘‘(A) $60 of unearned income, and any) only for that month, and shall not be missioner of Social Security determines that ‘‘(B) $30 of earned income, taken into account in determining the amount such treatment would promote the economical of such individual (and such spouse, if any) of the benefit for any other month. and efficient administration of the program au- which, as determined in accordance with cri- ‘‘(B) For purposes of subparagraph (A), pay- thorized by this title.’’. teria prescribed by the Commissioner of Social ments to an individual in varying amounts from (b) EFFECTIVE DATE.—The amendments made Security, is received too infrequently or irregu- the same or similar source for the same or simi- by this section shall apply to benefits payable larly to be included;’’. lar purpose shall not be considered to be non- for months that begin more than 90 days after recurring income.’’. (b) INTEREST OR DIVIDEND INCOME.—Section the date of enactment of this Act. (b) DELETION OF OBSOLETE MATERIAL.—Sec- 1612(b) of the Social Security Act (42 U.S.C. tion 1611(c)(2)(B) of the Social Security Act (42 f 1382a(b)) is amended— U.S.C. 1382(c)(2)(B)) is amended to read as fol- (1) in paragraph (21), by striking ‘‘and’’ at WELCOMING PUBLIC APOLOGIES lows: the end; ‘‘(B) in the case of the first month following BY PRESIDENTS OF SERBIA AND (2) in paragraph (22), by striking the period a period of ineligibility in which eligibility is re- MONTENEGRO, AND REPUBLIC and inserting ‘‘; and’’; and stored after the first day of such month, bear OF CROATIA (3) by adding at the end the following: the same ratio to the amount of the benefit ‘‘(23) interest or dividend income from re- Mr. FRIST. Mr. President, I ask which would have been payable to such indi- sources— unanimous consent that the Senate ‘‘(A) not excluded under section 1613(a), or vidual if eligibility had been restored on the first day of such month as the number of days in proceed to the immediate consider- ‘‘(B) excluded pursuant to Federal law other ation of Calendar No. 378, S. Res. 237. than section 1613(a).’’. such month including and following the date of The PRESIDING OFFICER. The (c) EFFECTIVE DATE.—The amendments made restoration of eligibility bears to the total num- by this section shall be effective with respect to ber of days in such month.’’. clerk will report the resolution by (c) EFFECTIVE DATE.—The amendments made benefits payable for months in calendar quarters title. by this section shall be effective with respect to that begin more than 90 days after the date of The legislative clerk read as follows: benefits payable for months that begin on or the enactment of this Act. after 1 year after the date of enactment of this A resolution (S. Res. 237) welcoming the SEC. 431. UNIFORM 9-MONTH RESOURCE EXCLU- Act. public apologies issued by the President of SION PERIODS. SEC. 434. REMOVAL OF RESTRICTION ON PAY- Serbia and Montenegro and the President of (a) UNDERPAYMENTS OF BENEFITS.—Section MENT OF BENEFITS TO CHILDREN the Republic of Croatia and urging other 1613(a)(7) of the Social Security Act (42 U.S.C. WHO ARE BORN OR WHO BECOME leaders in the region to perform similar con- 1382b(a)(7)) is amended— BLIND OR DISABLED AFTER THEIR crete acts of reconciliation. (1) by striking ‘‘6’’ and inserting ‘‘9’’; and MILITARY PARENTS ARE STATIONED (2) by striking ‘‘(or to the first 9 months fol- OVERSEAS. There being no objection, the Senate lowing such month with respect to any amount (a) IN GENERAL.—Section 1614(a)(1)(B)(ii) of proceeded to consider the resolution. so received during the period beginning October the Social Security Act (42 U.S.C. Mr. FRIST. Mr. President, I ask 1, 1987, and ending September 30, 1989)’’. 1382c(a)(1)(B)(ii)) is amended— unanimous consent that the resolution

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16197 be agreed to, the preamble agreed to, AMENDMENT NO. 2228 467(d), section 471(c), section 472(d), section the motions to reconsider be laid upon (Purpose: To strike the authorization of 475(e), section 483(d), and subsections (f), (g), the table en bloc, and any statements appropriations for fiscal year 2005) (h)(3), and (i)(3) of section 490, no amount relating to the resolution be printed in Beginning on page 5, strike line 24 and all may be obligated or expended by any officer that follows through page 6, line 11, and in- or employee of the District of Columbia gov- the RECORD. ernment unless— The PRESIDING OFFICER. Without sert the following: (a) IN GENERAL.—There are authorized to ‘‘(1) such amount has been approved by an objection, it is so ordered. be appropriated to the President to carry out Act of the Council (and then only in accord- The resolution (S. Res. 237) was the Congo Basin Forest Partnership (CBFP) ance with such authorization) and a copy of agreed to. program $18,600,000 for fiscal year 2004. such Act has been transmitted by the Chair- The preamble was agreed to. (b) CARPE.—Of the amounts appropriated man to the Congress; or The resolution, with its preamble, pursuant to the authorization of appropria- ‘‘(2) in the case of an amount obligated or reads as follows: tions in subsection (a), $16,000,000 is author- expended during a control year, such amount ized to be made available to the Central Afri- has been approved by an Act of Congress S. RES. 237 ca Regional Program for the Environment (and then only in accordance with such au- Whereas the President of Serbia and Mon- (CARPE) of the United States Agency for thorization). tenegro and the President of the Republic of International Development. ‘‘(d) RESTRICTIONS ON REPROGRAMMING OF Croatia each issued on September 10, 2003, a (c) AVAILABILITY.—Amounts appropriated AMOUNTS.—After the adoption of the annual public statement of apology for the crimes pursuant to the authorization of appropria- budget for a fiscal year (beginning with the committed by citizens of each country tions under subsection (a) are authorized to annual budget for fiscal year 1995), no re- against citizens of the other country; and remain available until expended. programming of amounts in the budget may Whereas the countries of Southeast Europe AMENDMENT NO. 2229 occur unless the Mayor submits to the Coun- are struggling to move beyond the problems (Purpose: To amend the title) cil a request for such reprogramming and the of the past and toward a brighter future that Amend the title so as to read: ‘‘To author- Council approves the request, but only if any includes membership in both the European ize appropriations for fiscal year 2004 to additional expenditures provided under such Union and NATO: Now, therefore, be it carry out the Congo Basin Forest Partner- request for an activity are offset by reduc- Resolved, That the Senate— ship program, and for other purposes.’’. tions in expenditures for another activity. (1) welcomes the public apologies issued on The bill (H.R. 2264), as amended, was ‘‘(e) DEFINITION.—In this part, the term September 10, 2003, by the President of Ser- ‘control year’ has the meaning given such bia and Montenegro and the President of the read the third time and passed. term in section 305(4) of the District of Co- Republic of Croatia; f lumbia Financial Responsibility and Man- (2) commends the initiative and personal DISTRICT OF COLUMBIA BUDGET agement Assistance Act of 1995.’’. courage demonstrated by their actions; AUTONOMY ACT OF 2003 (b) LENGTH OF CONGRESSIONAL REVIEW PE- (3) recognizes the value of such apologies Mr. FRIST. Mr. President, I ask RIOD FOR BUDGET ACTS.—Section 602(c) of in the important process of reconciliation in such Act (sec. 1–206.02(c), D.C. Official Code) Southeast Europe; unanimous consent that the Senate is amended— (4) notes public support within the region proceed to the immediate consider- (1) in the second sentence of paragraph (1), for these efforts; ation of Calendar No. 418, S. 1267. by striking ‘‘paragraph (2)’’ and inserting (5) calls upon the governments in the re- The PRESIDING OFFICER. The ‘‘paragraphs (2) and (4)’’; and gion to continue their efforts to encourage clerk will report the bill by title. (2) by adding at the end the following new and advance reconciliation; and The legislative clerk read as follows: paragraph: (6) reiterates the importance of resolving A bill (S. 1267) to amend the District of Co- ‘‘(4) In the case of any Act transmitted post-conflict issues, including— lumbia Home Rule Act to provide the Dis- under the first sentence of paragraph (1) to (A) by ensuring that refugees and inter- trict of Columbia with autonomy over its which section 446 applies and for which the nally displaced persons have the right to re- budgets, and for other purposes. fiscal year involved is not a control year, turn home; and such Act shall take effect upon the expira- (B) by bringing persons indicted for war There being no objection, the Senate proceeded to consider the bill, which tion of the 30-calendar-day period beginning crimes to justice, including through coopera- on the day such Act is transmitted, or upon tion with the International Criminal Tri- had been reported from the Committee the date prescribed by such Act, whichever is bunal on the Former Yugoslavia. on Governmental Affairs with an later, unless during such 30-day period, there amendment, as follows: has been enacted into law a joint resolution f S. 1267 disapproving such Act. If such 30-day period Be it enacted by the Senate and House of Rep- expires on any day on which neither House is CONGO BASIN FOREST resentatives of the United States of America in in session because of an adjournment sine PARTNERSHIP ACT OF 2003 Congress assembled, die, a recess of more than three days, or an adjournment of more than three days, the Mr. FRIST. Mr. President, I ask SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘District of period applicable under the previous sen- unanimous consent that the Foreign Columbia Budget Autonomy Act of 2003’’. tence shall be extended for 5 additional days (excluding Saturdays, Sundays, and holi- Relations Committee be discharged SEC. 2. ENACTMENT OF DISTRICT OF COLUMBIA from further consideration of H.R. 2264, LOCAL BUDGET. days, and any day on which neither House is and the Senate proceed to its imme- (a) IN GENERAL.—Section 446 of the District in session because of an adjournment sine diate consideration. of Columbia Home Rule Act (sec. 1–204.46, die, a recess of more than three days, or an adjournment of more than three days). In The PRESIDING OFFICER. Without D.C. Official Code) is amended to read as follows: any case in which any such joint resolution objection, it is so ordered. disapproving such an Act has, within the ap- ‘‘ENACTMENT OF LOCAL BUDGET The clerk will report the bill by title. plicable period, passed both Houses of Con- The legislative clerk read as follows: ‘‘SEC. 446. (a) ADOPTION OF BUDGETS AND gress and has been transmitted to the Presi- SUPPLEMENTS.—The Council, within 50 cal- dent, such resolution, upon becoming law, A bill (H.R. 2264) to authorize appropria- endar days after receipt of the budget pro- tions for fiscal years 2004 and 2005 to carry subsequent to the expiration of such period, posal from the Mayor, and after public hear- shall be deemed to have repealed such Act, out the Congo Basin Forest Partnership ing, shall by Act adopt the annual budget for (CBFP) program, and for other purposes. as of the date such resolution becomes law. the District of Columbia government. Any The provisions of section 604 shall apply with There being no objection, the Senate supplements thereto shall also be adopted by respect to any joint resolution disapproving proceeded to consider the bill. Act by the Council after public hearing. any Act pursuant to this paragraph.’’. ‘‘(b) TRANSMISSION TO PRESIDENT DURING Mr. FRIST. Mr. President, I ask (c) CONFORMING AMENDMENTS.—(1) Sections unanimous consent that the Alexander CONTROL YEARS.—In the case of a budget for a fiscal year which is a control year, the 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), amendment at the desk be agreed to, budget so adopted shall be submitted by the and subsections (f), (g)(3), (h)(3), and (i)(3) of the bill, as amended, be read a third Mayor to the President for transmission by section 490 of such Act are each amended by time and passed, the title amendment him to the Congress, except that the Mayor striking ‘‘The fourth sentence of section 446’’ be agreed to, the motions to reconsider shall not transmit any such budget, or and inserting ‘‘Section 446(c)’’. be laid upon the table en bloc, and that amendments or supplements thereto, to the (2) The third sentence of section 412(a) of President until the completion of the budget such Act (sec. 1–204.12(a), D.C. Official Code) any statements relating to the bill be is amended by inserting ‘‘for a fiscal year printed in the RECORD. procedures contained in this Act and the Dis- trict of Columbia Financial Responsibility which is a control year described in such sec- The PRESIDING OFFICER. Without and Management Assistance Act of 1995. tion’’ after ‘‘section 446 applies’’. objection, it is so ordered. ‘‘(c) PROHIBITING OBLIGATIONS AND EXPEND- (3) Section 202(c)(2) of the District of Co- The amendments (Nos. 2228 and 2229) ITURES NOT AUTHORIZED UNDER BUDGET.—Ex- lumbia Financial Responsibility and Man- were agreed to as follows: cept as provided in section 445A(b), section agement Assistance Act of 1995 (sec. 47–

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16198 CONGRESSIONAL RECORD — SENATE December 9, 2003 392.02(c)(2), D.C. Official Code) is amended by ‘‘(f) In this section, the term ‘control year’ nate offices within the Office of the Chief Fi- striking ‘‘the first sentence of section 446’’ has the meaning given such term in section nancial Officer: and inserting ‘‘section 446(a)’’. 305(4) of the District of Columbia Financial ‘‘(A) The Office of Budget and Planning, (4) Section 202(d)(3)(A) of the District of Responsibility and Management Assistance headed by the Deputy Chief Financial Officer Columbia Financial Responsibility and Man- Act of 1995.’’. for the Office of Budget and Planning. agement Assistance Act of 1995 (sec. 47– SEC. 6. CONTINUATION OF GENERAL PROVISIONS ‘‘(B) The Office of Tax and Revenue, headed 392.02(d)(3)(A), D.C. Official Code) is amended IN APPROPRIATIONS ACTS AND by the Deputy Chief Financial Officer for the by striking ‘‘the first sentence of section TREATMENT OF AMENDMENTS. Office of Tax and Revenue. 446’’ and inserting ‘‘section 446(a)’’. (a) CONTINUATION.—Any general provision ‘‘(C) The Office of Research and Analysis, (5) Section 11206 of the National Capital contained in a general appropriation bill headed by the Deputy Chief Financial Officer Revitalization and Self-Government Im- which includes the appropriation of Federal for the Office of Research and Analysis. provement Act of 1997 (sec. 24–106, D.C. Offi- payments to the District of Columbia for a ‘‘(D) The Office of Financial Operations and cial Code) is amended by striking ‘‘the fiscal year (or, in the case of such a bill Systems, headed by the Deputy Chief Financial fourth sentence of section 446’’ and inserting which is included as a division, title, or Officer for the Office of Financial Operations ‘‘section 446(c)’’. other portion of another general appropria- and Systems. (d) CLERICAL AMENDMENT.—The item relat- tion bill, any general provision contained in ‘‘(E) The Office of Finance and Treasury, ing to section 446 in the table of contents of such division, title, or other portion) in ef- headed by the District of Columbia Treasurer. such Act is amended to read as follows: fect on the date of enactment of this Act ‘‘(F) The Lottery and Charitable Games Con- ‘‘Sec. 446. Enactment of local budget.’’. shall remain in effect until the date of the trol Board, established by the Law to Legalize SEC. 3. ACTION BY COUNCIL OF DISTRICT OF CO- enactment of a general appropriation bill Lotteries, Daily Numbers Games, and Bingo and LUMBIA ON LINE-ITEM VETOES BY which includes the appropriation of Federal Raffles for Charitable Purposes in the District of MAYOR OF PROVISIONS OF BUDGET payments to the District of Columbia for the Columbia, effective March 10, 1981 (D.C. Law 3– ACTS. following fiscal year. 172; D.C. Official Code § 3–1301 et seq.). (a) IN GENERAL.—Section 404(f) of the Dis- (b) AMENDMENTS IN THE SENATE.—In the ‘‘(4) SUPERVISOR.—The heads of the offices trict of Columbia Home Rule Act (sec. 1– case of the consideration in the Senate of a listed in paragraph (3) of this section shall serve 204.4(f), D.C. Official Code) is amended by general appropriations bill that includes the at the pleasure of the Chief Financial Officer. striking ‘‘transmitted by the Chairman to appropriations of Federal payments to the ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE the President of the United States’’ both District of Columbia, an amendment pro- EMPLOYEES.—The Chief Financial Officer shall places it appears and inserting the following: posing a limitation on the use of any Dis- appoint the heads of the subordinate offices des- ‘‘incorporated in such Act (or, in the case of trict of Columbia funds by the District of Co- ignated in paragraph (3), after consultation an item or provision contained in a budget lumbia shall not constitute general legisla- with the Mayor and the Council. The Chief Fi- act for a control year, transmitted by the tion under paragraphs 2 and 4 of Rule XVI of nancial Officer may remove the heads of the of- Chairman to the President)’’. the Standing Rules of the Senate. fices designated in paragraph (3), after con- (b) CONFORMING AMENDMENT.—Section sultation with the Mayor and the Council. SEC. 7. EFFECTIVE DATE. 404(f) of such Act (sec. 1–204.04(f), D.C. Offi- ‘‘(6) ANNUAL BUDGET SUBMISSION.—The Chief The amendments made by this Act shall cial Code) is amended— Financial Officer of the District of Columbia apply to budgets of the District of Columbia (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; shall prepare and annually submit to the Mayor for fiscal years beginning on or after October (2) in the fifth sentence, by striking ‘‘(as of the District of Columbia, for inclusion in the 1, 2004. defined in section 305(4) of the District of Co- annual budget of the District of Columbia gov- lumbia Financial Responsibility and Man- TITLE II—DISTRICT OF COLUMBIA INDE- ernment for a fiscal year, annual estimates of agement Assistance Act of 1995), this sub- PENDENCE OF THE CHIEF FINANCIAL the expenditures and appropriations necessary section’’ and inserting ‘‘this paragraph’’; and OFFICER ACT OF 2003 for the year for the operation of the Office of (3) by adding at the end the following new SEC. 201. SHORT TITLE. the Chief Financial Officer and all other Dis- paragraph: This title may be cited as the ‘‘District of Co- trict of Columbia accounting, budget, and fi- ‘‘(2) In this subsection, the term ‘control lumbia Independence of the Chief Financial Of- nancial management personnel (including per- year’ has the meaning given such term in ficer Act of 2003’’. sonnel of executive branch independent agen- section 305(4) of the District of Columbia Fi- SEC. 202. AMENDMENTS TO THE HOME RULE ACT. cies) that report to the Office of the Chief Fi- nancial Responsibility and Management As- (a) IN GENERAL.—Part B of title IV section 424 nancial Officer pursuant to this Act. sistance Act of 1995.’’. of the District of Columbia Home Rule Act is ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL SEC. 4. PERMITTING EMPLOYEES TO BE HIRED IF amended to read as follows: OFFICER.— POSITION AUTHORIZED BY ACT OF ‘‘(1) IN GENERAL.—The Chief Financial Officer ‘‘OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE COUNCIL. shall be appointed by the Mayor with the advice THE DISTRICT OF COLUMBIA Section 447 of the District of Columbia and consent, by resolution, of the Council. Home Rule Act (sec. 1–204.47, D.C. Official ‘‘SEC. 424. (a) IN GENERAL.— ‘‘(2) TERM.— Code) is amended— ‘‘(1) ESTABLISHMENT.—There is hereby estab- ‘‘(A) IN GENERAL.—All appointments made (1) by striking ‘‘Act of Congress’’ each lished within the executive branch of the gov- after June 30, 2007, shall be for a term of 5 place it appears and inserting ‘‘act of the ernment of the District of Columbia an Office of years, except for appointments made for the re- Council (or Act of Congress, in the case of a the Chief Financial Officer of the District of Co- mainder of unexpired terms. The appointments year which is a control year)’’; and lumbia (‘Office’), which shall be headed by the shall have an anniversary date of July 1. (2) by striking ‘‘Acts of Congress’’ and in- Chief Financial Officer of the District of Colum- ‘‘(B) TEMPORARY.—The term of office of the serting ‘‘acts of the Council (or Acts of Con- bia (‘Chief Financial Officer’). Chief Financial Officer first appointed pursuant gress, in the case of a year which is a control ‘‘(2) ORGANIZATIONAL ANALYSIS.— to subsection (a) shall begin upon the date of year)’’. ‘‘(A) OFFICE OF BUDGET AND PLANNING.—The enactment of the District of Columbia Independ- SEC. 5. OTHER CONFORMING AMENDMENTS RE- name of the Office of Budget and Management, ence of the Chief Financial Officer Act of 2003. LATING TO CHANGES IN FEDERAL established by Commissioner’s Order 69–96, The initial term shall end on June 30, 2007. ROLE IN BUDGET PROCESS. issued March 7, 1969, is changed to the Office of ‘‘(C) CONTINUANCE.—Any Chief Financial Of- (a) FEDERAL AUTHORITY OVER BUDGET-MAK- Budget and Planning. ficer may continue to serve beyond his term ING PROCESS.—Section 603(a) of the District ‘‘(B) OFFICE OF TAX AND REVENUE.—The name until a successor takes office. of Columbia Home Rule Act (sec. 1–206.03, of the Department of Finance and Revenue, es- ‘‘(D) VACANCIES.—Any vacancy in the Office D.C. Official Code) is amended by inserting tablished by Commissioner’s Order 69–96, issued of Chief Financial Officer shall be filled in the before the period at the end the following: March 7, 1969, is changed to the Office of Tax same manner as the original appointment under ‘‘for a fiscal year which is a control year’’. and Revenue. paragraph (1). (b) RESTRICTIONS APPLICABLE DURING CON- ‘‘(C) OFFICE OF FINANCE AND TREASURY.—The ‘‘(E) PAY.—The Chief Financial Officer shall TROL YEARS.—Section 603(d) of such Act (sec. name of the Office of Treasurer, established by be paid at an annual rate equal to the rate of 1–206.03(d), D.C. Official Code) is amended to Mayor’s Order 89–244, dated October 23, 1989, is basic pay payable for level I of the Executive read as follows: changed to the Office of Finance and Treasury. Schedule. ‘‘(d) In the case of a fiscal year which is a ‘‘(D) OFFICE OF FINANCIAL OPERATIONS AND ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFI- control year, the Council may not approve, SYSTEMS.—The Office of the Controller, estab- CER.—The Chief Financial Officer may only be and the Mayor may not forward to the Presi- lished by Mayor’s Order 89–243, dated October removed for cause by the Mayor. dent, any budget which is not consistent 23, 1989, and the Office of Financial Informa- ‘‘(d) DUTIES OF THE CHIEF FINANCIAL OFFI- with the financial plan and budget estab- tion Services, established by Mayor’s Order 89– CER.—The Chief Financial Officer shall have lished for the fiscal year under subtitle A of 244, dated October 23, 1989, are consolidated the following duties and shall take such steps as title II of the District of Columbia Financial into the Office of Financial Operations and Sys- are necessary to perform these duties: Responsibility and Management Assistance tems. ‘‘(1) Preparing the financial plan and the Act of 1995.’’. ‘‘(3) TRANSFERS.—Effective with the appoint- budget for the use of the Mayor for purposes of (c) DEFINITION.—Section 603(f) of such Act ment of the first Chief Financial Officer under subpart B of subchapter VII of chapter 3 of title (sec. 1–206.03(f), D.C. Official Code) is amend- subsection (b), the functions and personnel of 47 of the D.C. Code and preparing the 5-year fied to read as follows: the following offices are established as subordi- nancial plan based upon the adopted budget for

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16199 submission with the District of Columbia budget cial assessments, licensing fees, and other reve- cial statement and report on the activities of the by the Mayor to Congress. nues of the District of Columbia (as may be re- District government for such fiscal year, for the ‘‘(2) Preparing the budgets of the District of quired by law), and receiving all amounts paid use of the Mayor under section 448(a)(4) of the Columbia for the year for the use of the Mayor to the District of Columbia from any source (in- District of Columbia Home Rule Act, approved for purposes of sections 441–444, 446, 448–452, 455 cluding the District of Columbia Financial Re- December 24, 1973 (87 Stat. 801; D.C. Official of the District of Columbia Home Rule Act, ap- sponsibility and Management Assistance Au- Code § 1–204.48(a)(4)). proved (87 Stat. 798–803; D.C. Official Code §§ 1– thority). ‘‘(24) Preparing fiscal impact statements on 204.41 through 1–204.44, 1–204.46, 1–204.48 ‘‘(10) Maintaining custody of all public funds regulations, multiyear contracts, contracts over through 1–204.52, 1–204.55), section 445a of the belonging to or under the control of the District $1,000,000 and on legislation, as required by sec- District of Columbia Home Rule Act, approved government (or any department or agency of the tion 4a of the General Legislative Procedures August 6, 1996 (110 Stat. 1698; D.C. Official Code District government), and depositing all Act of 1975. § 1–204.45a), section 453 of the District of Colum- amounts paid in such depositories and under ‘‘(25) Preparing under the direction of the bia Home Rule Act, approved April 17, 1991 (105 such terms and conditions as may be designated Mayor, who has the specific responsibility for Stat. 539; D.C. Official Code § 1–204.53), sections by the Council. formulating budget policy using Chief Financial 456(a) through 456(d) of the District of Columbia ‘‘(11) Maintaining custody of all investment Officer technical and human resources, the Home Rule Act, approved October 19, 1994 (108 and invested funds of the District government or budget for submission by the Mayor to the Stat. 3488; D.C. Official Code §§ 1–204.56a in possession of the District government in a fi- Council and to the public and upon final adop- through 1–204.56d), and section 456(e) of the duciary capacity, and maintaining the safe- tion to Congress and to public. District of Columbia Home Rule Act, approved keeping of all bonds and notes of the District ‘‘(26) Certifying all collective bargaining April 17, 1995 (109 Stat. 140; D.C. Official Code government and the receipt and delivery of Dis- agreements and nonunion pay proposals prior to § 1–204.56e). trict government bonds and notes for transfer, submission to the Council for approval as to the ‘‘(3) Implementing appropriate procedures and registration, or exchange. availability of funds to meet the obligations ex- instituting such programs, systems, and per- ‘‘(12) Apportioning the total of all appropria- pected to be incurred by the District government sonnel policies within the Officer’s authority, to tions and funds made available during the year under such collective bargaining agreements ensure that budget, accounting, and personnel for obligation so as to prevent obligation or ex- and nonunion pay proposals during the year. ‘‘(e) APPOINTMENT OF CERTAIN EXECUTIVE control systems and structures are synchronized penditure in a manner which would result in a BRANCH AGENCY CHIEF FINANCIAL OFFICERS.— for budgeting and control purposes on a con- deficiency or a need for supplemental appro- The chief financial officers of all District of Co- tinuing basis and to ensure that appropriations priations during the year, and (with respect to lumbia executive branch subordinate and inde- are not exceeded. appropriations and funds available for an in- ‘‘(4) Preparing and submitting to the Mayor pendent agencies not included in subsection a(3) definite period and all authorizations to create and the Council and making public— and associate chief financial officers shall be obligations by contract in advance of appropria- ‘‘(A) annual estimates of all revenues of the appointed by the Chief Financial Officer, in tions) apportioning the total of such appropria- District of Columbia (without regard to the consultation with the agency head, where appli- tions, funds, or authorizations in the most effec- source of such revenues), including proposed cable. The appointment shall be made from a list revenues, which shall be binding on the Mayor tive and economical manner. ‘‘(13) Certifying all contracts and leases of qualified candidates developed by the Chief and the Council for purposes of preparing and (whether directly or through delegation) prior to Financial Officer. submitting the budget of the District government ‘‘(f) FUNCTIONS OF TREASURER.—At all times, execution as to the availability of funds to meet for the year under sections 441 through 444, 446, the Treasurer shall have the following duties: the obligations expected to be incurred by the 448 through 452, and 455 of the District of Co- ‘‘(1) Assisting the Chief Financial Officer in District government under such contracts and lumbia Home Rule Act, approved December 24, reporting revenues received by the District gov- leases during the year. 1973 (87 Stat. 798–803; D.C. Official Code §§ 1– ernment, including submitting annual and ‘‘(14) Prescribing the forms of receipts, vouch- 204.41 through 1–204.44, 1–204.46, 1–204.48 quarterly reports concerning the cash position ers, bills, and claims to be used by all agencies, through 1–204.52, 1–204.55), section 445a of the of the District government not later than 60 offices, and instrumentalities of the District gov- District of Columbia Home Rule Act, approved days after the last day of the quarter (or year) ernment. August 6, 1996 (110 Stat. 1698; D.C. Official Code involved which shall include— ‘‘(15) Certifying and approving prior to pay- ‘‘(A) comparative reports of revenue and other § 1–204.45a), section 453 of the District of Colum- ment of all bills, invoices, payrolls, and other bia Home Rule Act, approved April 17, 1991 (105 receipts by source, including tax, nontax, and evidences of claims, demands, or charges against Federal revenues, grants and reimbursements, Stat. 539; D.C. Official Code § 1–204.53), sections the District government, and determining the 456(a) through 456(d) of the District of Columbia capital program loans, and advances. Each regularity, legality, and correctness of such source shall be broken down into specific compo- Home Rule Act, approved October 19, 1994 (108 bills, invoices, payrolls, claims, demands, or Stat. 3488; D.C. Official Code §§ 1–204.56a nents; charges. ‘‘(B) statements of the cash flow of the Dis- through 1–204.56d), and section 456(e) of the ‘‘(16) In coordination with the Inspector Gen- District of Columbia Home Rule Act, approved trict government for the preceding quarter or eral of the District of Columbia, performing in- year, including receipts, disbursements, net April 17, 1995 (109 Stat. 140; D.C. Official Code ternal audits of accounts and operations and § 1–204.56e), except that the Mayor and the changes in cash inclusive of the beginning bal- records of the District government, including the ance, cash and investment, and the ending bal- Council may prepare the budget based on esti- examination of any accounts or records of fi- mates of revenues which are lower than those ance, inclusive of cash and investment. Such nancial transactions, giving due consideration statements shall reflect the actual, planned, bet- prepared by the Chief Financial Officer; and to the effectiveness of accounting systems, inter- ‘‘(B) quarterly re-estimates of the revenues of ter or worse dollar amounts and the percentage nal control, and related administrative practices the District of Columbia during the year. change with respect to the current quarter, of the departments and agencies of the District ‘‘(5) Supervising and assuming responsibility year-to-date, and fiscal year; government. for financial transactions to ensure adequate ‘‘(C) quarterly cash flow forecast for the quar- ‘‘(17) Exercising responsibility for the adminis- control of revenues and resources. ter or year involved, reflecting receipts, dis- ‘‘(6) Maintaining systems of accounting and tration and supervision of the District of Colum- bursements, net change in cash inclusive of the internal control designed to provide— bia Treasurer (except that the Chief Financial beginning balance, cash and investment, and ‘‘(A) full disclosure of the financial impact of Officer may delegate any portion of such re- the ending balance, inclusive of cash and in- the activities of the District government; sponsibility as the Chief Financial Officer con- vestment with respect to the actual dollar ‘‘(B) adequate financial information needed siders appropriate and consistent with effi- amounts for the quarter or year, and projected by the District government for management pur- ciency). dollar amounts for each of the 3 succeeding poses; ‘‘(18) Supervising and administering all bor- quarters; ‘‘(C) accounting for all funds, property, and rowing programs secured by the full faith and ‘‘(D) monthly reports reflecting a detailed other assets of the District of Columbia; and credit of the District government for the summary analysis of all District of Columbia ‘‘(D) reliable accounting results to serve as the issuance of long-term and short-term indebted- government investments, including— basis for preparing and supporting agency ness. ‘‘(i) the total of long-term and short-term in- budget requests and controlling the execution of ‘‘(19) Administering the cash management vestments; the budget. program of the District government, including ‘‘(ii) a detailed summary analysis of invest- ‘‘(7) Submitting to the Council a financial the investment of surplus funds in governmental ments by type and amount, including purchases, statement of the District government, containing and non-governmental interest-bearing securi- sales (maturities), and interest; such details and at such times as the Council ties and accounts. ‘‘(iii) an analysis of investment portfolio mix may specify. ‘‘(20) Administering the centralized District by type and amount, including liquidity, qual- ‘‘(8) Supervising and assuming responsibility government payroll and retirement systems. ity/risk of each security, and similar informa- for the assessment of all property subject to as- ‘‘(21) Governing the accounting policies and tion; sessment and special assessments within the cor- systems applicable to the District government. ‘‘(iv) an analysis of investment strategy, in- porate limits of the District of Columbia for tax- ‘‘(22) Preparing appropriate annual, quar- cluding near-term strategic plans and projects of ation, preparing tax maps, and providing such terly, and monthly financial reports of the ac- investment activity, as well as forecasts of fu- notice of taxes and special assessments (as may counting and financial operations of the Dis- ture investment strategies based on anticipated be required by law). trict government. market conditions, and similar information; and ‘‘(9) Supervising and assuming responsibility ‘‘(23) Not later than 120 days after the end of ‘‘(v) an analysis of cash utilization, includ- for the levying and collection of all taxes, spe- each fiscal year, preparing the complete finan- ing—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16200 CONGRESSIONAL RECORD — SENATE December 9, 2003 ‘‘(I) comparisons of budgeted percentages of of the Chief Financial Officer, all such attor- of the first four fiscal years for which the act or total cash to be invested with actual percentages neys shall act under the direction and control of resolution is in effect, together with a statement of cash invested and the dollar amounts; the General Counsel to the Chief Financial Offi- of the basis for such estimate. ‘‘(II) comparisons of the next return on in- cer. ‘‘(b) APPROPRIATIONS.—Permanent and emer- vested cash expressed in percentages (yield) ‘‘(2) Personnel of the Office not described in gency acts which are accompanied by fiscal im- with comparable market indicators and estab- paragraph (1). pact statements which reflect unbudgeted costs, lished District of Columbia government yield ob- ‘‘(3) The heads and all personnel of the offices shall be subject to appropriations prior to be- jectives; and described in subsection (c) and the Chief Finan- coming effective. ‘‘(III) comparisons of estimated dollar return cial Officers of all District of Columbia executive ‘‘(c) APPLICABILITY.—Subsection (a) shall not against actual dollar yield; and branch subordinate and independent agencies, apply to emergency declaration, ceremonial, ‘‘(E) monthly reports reflecting a detailed Associate chief financial officers, together with confirmation, and sense of the Council resolu- summary analysis of long-term and short-term all other District of Columbia accounting, budg- tions.’’. borrowings inclusive of debt as authorized by et, and financial management personnel (in- Mr. FRIST. Mr. President, I ask cluding personnel of executive branch inde- § 1–206.03, in the current fiscal year and the unanimous consent that the committee amount of debt for each succeeding fiscal year pendent agencies). not to exceed 5 years; all such reports shall re- ‘‘(c) OFFICES DESCRIBED.—The offices referred amendment be agreed to. flect— to in this subsection are as follows: The PRESIDING OFFICER. Without ‘‘(i) the amount of debt outstanding by type of ‘‘(1) The Office of Finance and Treasury (or objection, it is so ordered. instrument; any successor office). The committee amendment was ‘‘(ii) the amount of authorized and unissued ‘‘(2) The Office of Financial Operations and agreed to. debt, including availability of short-term lines of Systems (or any successor office). Mr. FRIST. Mr. President, I under- credit, United States Treasury borrowings, and ‘‘(3) The Office of the Budget and Planning stand that Senator LEVIN has an similar information; (or any successor office). ‘‘(iii) a maturity schedule of the debt; ‘‘(4) The Office of Tax and Revenue (or any amendment at the desk. I ask that the ‘‘(iv) the rate of interest payable upon the successor office). amendment be considered and agreed debt; and ‘‘(5) The District of Columbia Lottery and to, the motion to reconsider be laid ‘‘(v) the amount of debt service requirements Charitable Games Control Board. upon the table; that the bill, as amend- and related debt service reserves. ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL ed, be read three times, passed, the mo- ‘‘(2) Such other functions assigned to the PERSONNEL.—Sections 851 through 862 of the tion to reconsider be laid upon the Chief Financial Officer under subsection (d) as District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, table without any intervening action the Chief Financial Officer may delegate. or debate, and that any statements re- ‘‘(g) TRANSITION PROVISIONS.— 1979 (D.C. Law 2–260; D.C. Official Code § 1– ‘‘(1) CFO.—Any Chief Financial Officer ap- 608.51–1–608.62) shall not apply to attorneys em- lating to the bill be printed in the pointed by the Mayor prior to the date of enact- ployed by the Office of the Chief Financial Offi- RECORD. ment of the District of Columbia Independence cer.’’ The PRESIDING OFFICER. Without of the Chief Financial Officer Act of 2003 may (b) CONFORMING AMENDMENT.—Section 862 of objection, it is so ordered. continue to serve in that capacity without re- the District of Columbia Government Com- The amendment (No. 2230) was agreed appointment until a new appointment under prehensive Merit Personnel Act of 1978 (D.C. to as follows: subsection (a) becomes effective. Law 2–260; D.C. Official Code § 1–608.62) is AMENDMENT NO. 2230 ‘‘(2) EXECUTIVE BRANCH CFO.—Any executive amended by striking paragraph (2). branch agency chief financial officer appointed SEC. 205. PROCUREMENT AUTHORITY. (Purpose: To provide for metered cabs in the prior to the date of enactment of the District of (a) MAINTENANCE OF A PROCUREMENT OFFICE District of Columbia) Columbia Independence of the Chief Financial INDEPENDENT OF THE MAYOR’S PROCUREMENT At the appropriate place, insert the fol- Officer Act of 2003 may continue to serve in that OFFICE.—Section 104(c) of the District of Colum- lowing: (p. 10, after l. 2) capacity without reappointment.’’. bia Procurement Practices Act of 1986, effective SEC. ll. METERED CABS IN THE DISTRICT OF SEC. 203. CLARIFICATION OF DUTIES OF CHIEF February 21, 1986 (D.C. Law 6–85; D.C. Official COLUMBIA. FINANCIAL OFFICER AND MAYOR. Code § 2–301.04), is amended by striking begin- (a) IN GENERAL.—Except as provided in (a) RELATION TO FINANCIAL DUTIES OF ning with ‘‘During a control year, as defined by subsection (b) and not later than 1 year after MAYOR.—Section 448(a) of such Act (section 1– § 47–393(4),’’ through ‘‘Chief Financial Officer the date of enactment of this Act, the Dis- 204.48(a), D.C. Official Code) is amended by shall be bound by the provisions contained in trict of Columbia shall require all cabs li- striking ‘‘section 603,’’ and inserting ‘‘section this Act.’’. censed in the District of Columbia to charge 603 and except to the extent provided under sec- (b) HOME RULE ACT.—The Home Rule Act is fares by a metered system. tion 424(d),’’. amended by adding after section 424h the fol- (b) DISTRICT OF COLUMBIA OPT OUT.—The (b) RELATION TO MAYOR’S DUTIES REGARDING lowing: District of Columbia may cancel the require- ACCOUNTING SUPERVISION AND CONTROL.—Sec- ‘‘PROCUREMENT AUTHORITY OF THE CHIEF ments of subsection (a) by adopting an ordi- tion 449 of such Act (section 1–204.49, D.C. Offi- FINANCIAL OFFICER nance that specifically states that the Dis- cial Code) is amended by striking ‘‘The Mayor’’ ‘‘SEC. 424i. The Office of the Chief Financial trict of Columbia opts out of the require- and inserting ‘‘Except to the extent provided Officer’s procurement practices shall be gov- ment to implement a metered system under under section 424(d), the Mayor’’. erned by the provisions of chapter 3 of title 2 of subsection (a). SEC. 204. RULE REGARDING PERSONNEL AU- the D.C. Official Code, except that the Office of The bill (S. 1267), as amended, was the Chief Financial Officer shall maintain a THORITY. read the third time and passed. (a) IN GENERAL.—The Home Rule Act is procurement office or division that shall operate amended by adding by adding after section 424g independent of, and shall not be governed by, f the following: the Office of Contracting and Procurement, es- THE TRAFFICKING VICTIMS tablished by section 2–301.05, or its successor of- ‘‘AUTHORITY OVER PERSONNEL OF OFFICE AND PROTECTION ACT OF 2000 OTHER FINANCIAL PERSONNEL fice.’’. ‘‘SEC. 424h. (a) IN GENERAL.—Notwith- (c) EFFECTIVE DATE.—This section and the Mr. FRIST. Mr. President, I ask standing any provision of law or regulation, em- amendments made by this section shall take ef- unanimous consent that the Senate ployees of the Office of the Chief Financial Offi- fect 6 months after the date of enactment of this proceed to the immediate consider- cer, including personnel described in subsection Act. ation of H.R. 2620, which is at the desk. (b), shall be appointed by, shall serve at the SEC. 206. FISCAL IMPACT STATEMENTS. The PRESIDING OFFICER. The pleasure of, and shall act under the direction The General Legislative Procedures Act of clerk will state the bill by title. 1975, effective September 23, 1975 (D.C. Law 1– and control of the Chief Financial Officer of the The legislative clerk read as follows: District of Columbia, and shall be considered at- 17; D.C. Official § § Code 1–301.45 through 1– will employees, except that the Chief Financial 301.47), is amended by adding after section 4 the A bill (H.R. 2620) to authorize appropria- Officer shall comply with any collective bar- following: tions for fiscal years 2004 and 2005 for the gaining agreement entered into by the Office of ‘‘FISCAL IMPACT STATEMENTS Trafficking Victims Protection Act of 2000, the Chief Financial Officer. ‘‘SEC. 4a. (a) BILLS AND RESOLUTIONS.— and for other purposes. ‘‘(b) PERSONNEL.—The personnel described in ‘‘(1) IN GENERAL.—Notwithstanding any other There being no objection, the Senate this subsection are as follows: law, except as provided in subsection (c), all proceeded to consider the bill. ‘‘(1) The Office of the General Counsel within permanent bills and resolutions shall be accom- Mr. FRIST. Mr. President, I ask the Office of the Chief Financial Officer of the panied by a fiscal impact statement before final unanimous consent that the bill be District of Columbia, such office shall include adoption by the Council. the General Counsel to the Chief Financial Offi- ‘‘(2) CONTENTS.—The fiscal impact statement read the third time and passed, the mo- cer and individuals hired or retained as attor- shall include the estimate of the costs which will tion to reconsider be laid upon the neys by the Chief Financial Officer or any of- be incurred by the District as a result of the en- table, and that any statements related fice under the personnel authority of the Office actment of the measure in the current and each to the bill be printed in the RECORD.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16201 The PRESIDING OFFICER. Without son control centers for the establishment of a for certification that reasonably provide for the objection, it is so ordered. nationwide toll-free phone number to be used to protection of the public health with respect to The bill (H.R. 2620) was read the third access such centers. poisoning. time and passed. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this ‘‘(d) WAIVER OF CERTIFICATION REQUIRE- section shall be construed as prohibiting the es- MENTS.— f tablishment or continued operation of any pri- ‘‘(1) IN GENERAL.—The Secretary may grant a POISON CONTROL CENTER EN- vately funded nationwide toll-free phone num- waiver of the certification requirement of sub- HANCEMENT AND AWARENESS ber used to provide advice and other assistance section (c) with respect to a noncertified poison ACT AMENDMENTS OF 2003 for poisonings or accidental exposures. control center or a newly established center that ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— applies for a grant under this section if such Mr. FRIST. Mr. President, I ask the There is authorized to be appropriated to carry center can reasonably demonstrate that the cen- Chair lay before the Senate a message out this section $2,000,000 for each of the fiscal ter will obtain such a certification within a rea- from the House of Representatives on years 2000 through 2009. Funds appropriated sonable period of time as determined appropriate the bill (S. 686) to provide assistance under this subsection shall not be used to fund by the Secretary. for poison prevention and to stabilize any toll-free phone number described in sub- ‘‘(2) RENEWAL.—The Secretary may renew a the funding of regional poison control section (b). waiver under paragraph (1). centers. ‘‘SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO ‘‘(3) LIMITATION.—In no instance may the sum The Presiding Officer laid before the PROMOTE POISON CONTROL CEN- of the number of years for a waiver under para- TER UTILIZATION. graph (1) and a renewal under paragraph (2) Senate the following message from the ‘‘(a) IN GENERAL.—The Secretary shall estab- exceed 5 years. The preceding sentence shall House of Representatives: lish a national media campaign to educate the take effect as if enacted on February 25, 2000. S. 686 public and health care providers about poison ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Amounts Resolved, That the bill from the Senate (S. prevention and the availability of poison control made available to a poison control center under 686) entitled ‘‘An Act to provide assistance resources in local communities and to conduct this section shall be used to supplement and not for poison prevention and to stabilize the advertising campaigns concerning the nation- supplant other Federal, State, or local funds funding of regional poison control centers’’, wide toll-free number established under section provided for such center. do pass with the following amendment: 1271. ‘‘(f) MAINTENANCE OF EFFORT.—A poison con- Strike out all after the enacting clause and ‘‘(b) CONTRACT WITH ENTITY.—The Secretary trol center, in utilizing the proceeds of a grant insert: may carry out subsection (a) by entering into under this section, shall maintain the expendi- SECTION 1. SHORT TITLE. contracts with 1 or more nationally recognized tures of the center for activities of the center at This Act may be cited as the ‘‘Poison Control media firms for the development and distribu- a level that is not less than the level of such ex- Center Enhancement and Awareness Act tion of monthly television, radio, and newspaper penditures maintained by the center for the fis- Amendments of 2003’’. public service announcements. cal year preceding the fiscal year for which the SEC. 2. FINDINGS. ‘‘(c) EVALUATION.—The Secretary shall— grant is received. The Congress finds the following: ‘‘(1) establish baseline measures and bench- ‘‘(g) MATCHING REQUIREMENT.—The Secretary (1) Poison control centers are our Nation’s pri- marks to quantitatively evaluate the impact of may impose a matching requirement with respect mary defense against injury and deaths from the nationwide media campaign established to amounts provided under a grant under this poisoning. Twenty-four hours a day, the gen- under this section; and section if the Secretary determines appropriate. eral public as well as health care practitioners ‘‘(2) prepare and submit to the appropriate ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— contact their local poison centers for help in di- congressional committees an evaluation of the There are authorized to be appropriated to carry agnosing and treating victims of poisoning and nationwide media campaign on an annual basis. out this section $25,000,000 for each of the fiscal other toxic exposures. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— years 2000 through 2004 and $27,500,000 for each (2) Poisoning is the third most common form of There are authorized to be appropriated to carry of fiscal years 2005 through 2009. out this section $600,000 for each of fiscal years unintentional death in the United States. In ‘‘SEC. 1274. RULE OF CONSTRUCTION. 2000 through 2005 and such sums as may be nec- any given year, there will be between 2,000,000 ‘‘Nothing in this part may be construed to essary for each of fiscal years 2006 through 2009. and 4,000,000 poison exposures. More than 50 ease any restriction in Federal law applicable to percent of these exposures will involve children ‘‘SEC. 1273. MAINTENANCE OF THE POISON CON- the amount or percentage of funds appropriated TROL CENTER GRANT PROGRAM. under the age of 6 who are exposed to toxic sub- to carry out this part that may be used to pre- ‘‘(a) REGIONAL POISON CONTROL CENTERS.— stances in their home. Poisoning accounts for pare or submit a report.’’. 285,000 hospitalizations, 1,200,000 days of acute The Secretary shall award grants to certified re- hospital care, and 13,000 fatalities annually. gional poison control centers for the purposes of SEC. 4. CONFORMING AMENDMENT. (3) Stabilizing the funding structure and in- achieving the financial stability of such centers, The Poison Control Center Enhancement and creasing accessibility to poison control centers and for preventing and providing treatment rec- Awareness Act (42 U.S.C. 14801 et seq.) is hereby will promote the utilization of poison control ommendations for poisonings. repealed. centers, and reduce the inappropriate use of ‘‘(b) OTHER IMPROVEMENTS.—The Secretary Mr. FRIST. Mr. President, I ask emergency medical services and other more cost- shall also use amounts received under this sec- unanimous consent that the Senate ly health care services. tion to— (4) The tragic events of September 11, 2001, concur in the House amendment, the ‘‘(1) develop standardized poison prevention motion to reconsider be laid upon the and the anthrax cases of October 2001, have and poison control promotion programs; dramatically changed our Nation. During this ‘‘(2) develop standard patient management table, and that any statements relating time period, poison centers in many areas of the guidelines for commonly encountered toxic expo- to the bill be printed in the RECORD. country were answering thousands of additional sures; The PRESIDING OFFICER. Without calls from concerned residents. Many poison ‘‘(3) improve and expand the poison control objection, it is so ordered. centers were relied upon as a source for accu- data collection systems, including, at the Sec- f rate medical information about the disease and retary’s discretion, by assisting the poison con- the complications resulting from prophylactic trol centers to improve data collection activities; ARREST OF MIKHAIL B. antibiotic therapy. ‘‘(4) improve national toxic exposure surveil- KHODORKOVSKY BY THE RUS- (5) The 2001 Presidential Task Force on Cit- lance by enhancing activities at the Centers for SIAN FEDERATION izen Preparedness in the War on Terrorism rec- Disease Control and Prevention and the Agency ommended that the Poison Control Centers be for Toxic Substances and Disease Registry; Mr. FRIST. Mr. President, I ask used as a source of public information and pub- ‘‘(5) expand the toxicologic expertise within unanimous consent that the Senate lic education regarding potential biological, poison control centers; and proceed to the immediate consider- chemical, and nuclear domestic terrorism. ‘‘(6) improve the capacity of poison control ation of Calendar No. 380, S. Res. 258. (6) The increased demand placed upon poison centers to answer high volumes of calls during The PRESIDING OFFICER. The centers to provide emergency information in the times of national crisis. clerk will state the resolution by title. event of a terrorist event involving a biological, ‘‘(c) CERTIFICATION.—Except as provided in chemical, or nuclear toxin will dramatically in- subsection (d), the Secretary may make a grant The legislative clerk read as follows: crease call volume. to a center under subsection (a) only if— A resolution (S. Res. 258) expressing the SEC. 3. AMENDMENT TO PUBLIC HEALTH SERV- ‘‘(1) the center has been certified by a profes- sense of the Senate on the arrest of Mikhail ICE ACT. sional organization in the field of poison con- B. Khodorkovsky by the Russian Federation. Title XII of the Public Health Service Act (42 trol, and the Secretary has approved the organi- There being no objection, the Senate U.S.C. 300d et seq.) is amended by adding at the zation as having in effect standards for certifi- end the following: proceeded to consider the resolution. cation that reasonably provide for the protec- Mr. FRIST. Mr. President, I ask ‘‘PART G—POISON CONTROL tion of the public health with respect to poi- unanimous consent that the resolution ‘‘SEC. 1271. MAINTENANCE OF A NATIONAL TOLL- soning; or FREE NUMBER. ‘‘(2) the center has been certified by a State be agreed to, the preamble be agreed ‘‘(a) IN GENERAL.—The Secretary shall pro- government, and the Secretary has approved the to, the motion to reconsider be laid vide coordination and assistance to regional poi- State government as having in effect standards upon the table en bloc, and that any

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16202 CONGRESSIONAL RECORD — SENATE December 9, 2003 statements relating to the bill be the MLS Cup more than once, beating Whereas San Jose Earthquakes forward printed in the RECORD. the Chicago Fire 4–2 in a well-fought Landon Donovan, who has been named The PRESIDING OFFICER. Without match. United States National Team Player of the objection, it is so ordered. In the championship game against Year twice, scored 2 goals on 2 shots in the championship match, earning the Honda The resolution (S. Res. 258) was Chicago, San Jose delighted a capacity Major League Soccer Cup Most Valuable agreed to. crowd in Carson, CA by scoring four Player Award; The preamble was agreed to. goals and saving one penalty kick. The Whereas by winning the 2003 Major League The resolution, with its preamble, game matched the excitement of the Soccer Cup, the San Jose Earthquakes join reads as follows: Western Conference final game, in DC United to become the second team in S. RES. 258 which Landon Donovan—the two-time Major League Soccer history to win the Major League Soccer Cup more than once; Whereas the Russian Federation is now a recipient of the U.S. National Team Whereas the San Jose Earthquakes have member of the family of democratic coun- Player of the Year award—secured the brought great pride to the City of San Jose tries; Earthquakes’ place in the Champion- and to the State of California; Whereas the United States supports the de- ship by netting a dramatic golden goal Whereas Major League Soccer has become velopment of democracy, free markets, and in the 117th minute. extremely popular in only 8 seasons; and civil society in the Russian Federation and Californians should take great pride Whereas the success of Major League Soc- in other states of the former Soviet Union; cer has contributed to the growing popu- Whereas the rule of law, the impartial ap- in this impressive accomplishment by larity of soccer in the United States in re- plication of the law, and equal justice for all the San Jose Earthquakes. The Earth- cent years: Now, therefore, be it in courts of law are pillars of all democratic quakes’ success on the field was earned Resolved, That the Senate— societies; through the hard work of their out- (1) congratulates the San Jose Earth- Whereas investment, both foreign and do- standing athletes and coaches, and the quakes for winning the 2003 Major League mestic, in the economy of Russia is nec- encouragement of their fans. I con- Soccer Cup; essary for the growth of the economy and gratulate them on their win and their (2) recognizes the achievement of the play- raising the standard of living of the citizens second MLS Cup. ers, coaches, staff, and supporters of the San of the Russian Federation; Jose Earthquakes in bringing the 2003 Major Whereas property rights are a bulwark of Mr. FRIST. Mr. President, I ask League Soccer Cup to San Jose; civil society against encroachment by the unanimous consent that the resolution (3) commends the San Jose community for state, and a fundamental building block of and preamble be agreed to, en bloc; its enthusiastic support of the San Jose democracy; and that the motion to reconsider be laid Earthquakes; and Whereas reports of the arrest of Mikhail B. upon the table; and that any state- (4) expresses the hope that Major League Khodorkovsky and the freezing of shares of ments relating to the resolution be Soccer will continue to inspire fans and the oil conglomerate YUKOS have raised printed in the RECORD. young players in the United States and questions about the possible selective appli- The PRESIDING OFFICER. Without around the world by producing teams of the cation of the law in the Russian Federation high caliber of the San Jose Earthquakes. and may have compromised investor con- objection, it is so ordered. fidence in business conditions there: Now, The resolution (S. Res. 280) was f agreed to. therefore, be it PREVENT ALL CIGARETTE Resolved, That it is the sense of the Senate The preamble was agreed to. TRAFFICKING ACT that— The resolution, with its preamble, (1) the law enforcement and judicial au- reads as follows: Mr. FRIST. Mr. President, I ask thorities of the Russian Federation should S. RES. 280 unanimous consent that the Senate ensure that Mikhail B. Khodorkovsky is ac- Whereas on November 23, 2003, the San proceed to the immediate consider- corded the full measure of his rights under ation of Calendar No. 241, S. 1177. the Russian Constitution to defend himself Jose Earthquakes defeated the Chicago Fire against any and all charges that may be to win the 2003 Major League Soccer Cup; The PRESIDING OFFICER. The brought against him, in a fair and trans- Whereas the San Jose Earthquakes clerk will report the bill by title. parent process, so that individual justice achieved a 14–7–9 regular season record to The legislative clerk read as follows: may be done, but also so that the efforts the finish first in the Major League Soccer West- A bill (S. 1177) to ensure the collection of Russian Federation has been making to re- ern Conference; all cigarette taxes, and for other purposes. Whereas the San Jose Earthquakes fin- form its system of justice may be seen to be There being no objection, the Senate moving forward; and ished an extraordinary season by overcoming (2) such authorities of the Russian Federa- injuries, adversity, and multiple-goal defi- proceeded to consider the bill which tion should make every effort to dispel grow- cits to reach the Major League Soccer Cup had been reported from the Committee ing international concerns that— championship match; on the Judiciary with an amendment (A) the cases against Mikhail B. Whereas in the championship match, the and an amendment to the title, as fol- Khodorkovsky and other business leaders are San Jose Earthquakes and the Chicago Fire lows: politically motivated; and scored 6 goals combined, breaking the Major [Strike the part in black brackets League Soccer Cup championship match (B) the potential remains for misuse of the and insert the part printed in italic.] justice system in the Russian Federation. scoring record; Whereas head coach Frank Yallop led the S. 1177 f San Jose Earthquakes to victory; Be it enacted by the Senate and House of CONGRATULATING THE SAN JOSE Whereas the San Jose Earthquakes is a Representatives of the United States of America in Congress assembled, EARTHQUAKES team of world-class players, including Jeff Agoos, Arturo Alvarez, Brian Ching, Jon øSECTION 1. SHORT TITLE. Mr. FRIST. Mr. President, I ask Conway, Ramiro Corrales, Troy Dayak, øThis Act may be cited as the ‘‘Prevent unanimous consent that the Senate Dwayne De Rosario, Landon Donovan, Todd All Cigarette Trafficking Act’’ or ‘‘PACT proceed to the immediate consider- Dunivant, Ronnie Ekelund, Rodrigo Faria, Act’’. ation of S. Res. 280, submitted earlier Manny Lagos, Roger Levesque, Brain øSEC. 2. COLLECTION OF STATE CIGARETTE today by Senators BOXER and FEIN- Mullan, Richard Mulrooney, Pat Onstad, TAXES. ø STEIN. Eddie Robinson, Chris Roner, Ian Russell, (a) DEFINITIONS.—Section 1 of the Act of The PRESIDING OFFICER. The Josh Saunders, Craig Waibel, and Jamil October 19, 1949 (15 U.S.C. 375; commonly re- Walker, all of whom contributed extraor- ferred to as the ‘‘Jenkins Act’’), is amend- clerk will report the resolution by dinary performances throughout the regular ed— title. season, playoffs and Major League Soccer ø(1) in paragraph (1), by inserting ‘‘and The legislative clerk read as follows: Cup; other legal entities’’ after ‘‘individuals’’; A resolution (S. Res. 280) congratulating Whereas San Jose Earthquakes midfielder ø(2) by striking paragraph (3); the San Jose Earthquakes for winning the Ronnie Ekelund scored in the fifth minute of ø(3) by redesignating paragraphs (4) 2003 Major League Soccer Cup. play, tying Eduardo Hurtado for the fastest through (7) as paragraphs (3) through (6), re- There being no objection, the Senate goal scored in a Major League Soccer Cup spectively; and ø proceeded to consider the resolution. championship match; (4) by adding at the end the following Whereas with the victory, San Jose Earth- new paragraphs: Mrs. BOXER. Mr. President, on No- quakes captain Jeff Agoos won his second ø‘‘(7) The term ‘delivery sale’ means any vember 23, the San Jose Earthquakes Major League Soccer Cup for the San Jose sale of cigarettes to a consumer if— became only the second team in Major Earthquakes and his fifth Major League Soc- ø‘‘(A) the consumer submits the order for League Soccer, MLS, history to win cer Cup overall; such sale by means of a telephone or other

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16203 method of voice transmission, the mails, or ø(2) in subsection (a), as so designated, ø‘‘(b) Any person who engages in a deliv- the Internet or other online service; or by striking ‘‘shall be guilty of a misery sale, and who ships, sells, distributes, or ø‘‘(B) the cigarettes are delivered by use demeanor and shall be fined not more than receives any quantity in excess of 10,000 ciga- of a common carrier. $1,000, or imprisoned not more than 6 rettes within a single month, shall submit to ø‘‘(8) The term ‘common carrier’ means months’’ and inserting ‘‘shall be fined not the Attorney General, pursuant to rules or any person (other than a local messenger more than $100,000, imprisoned not more regulations prescribed by the Attorney Gen- service or the United States Postal Service than 2 years’’; and eral, a report that sets forth the following: (as defined in section 102 of title 39, United ø(3) by adding at the end the following ø‘‘(1) The person’s beginning and ending States Code)) that holds itself out to the new subsection: inventory of cigarettes (in total) for such general public as a provider for hire of the ø‘‘(b)(1) Whoever violates any provision month. transportation by water, land, or air of mer- of this Act shall be subject to a civil penalty ø‘‘(2) The total quantity of cigarettes chandise, whether or not the person actually in an amount not to exceed 2 percent of the that the person received within such month operates the vessel, vehicle, or aircraft by gross sales of cigarettes of such person dur- from each other person (itemized by name which the transportation is provided, being the one-year period ending on the date of and address). tween a port or place and a port or place in the violation. ø‘‘(3) The total quantity of cigarettes the United States.’’. ø‘‘(2) A civil penalty under paragraph (1) that the person distributed within such ø(b) REPORTS TO STATE TOBACCO TAX AD- for a violation of this Act is in addition to month to each person (itemized by name and MINISTRATORS.—Section 2 of that Act (15 any criminal penalty under subsection (a) for address) other than a retail purchaser.’’; and U.S.C. 376) is amended— the violation.’’. ø(4) by adding at the end the following ø(1) in subsection (a)— ø(e) INJUNCTIONS.—Section 4 of that Act new subsections: ø(A) by striking ‘‘or transfers’’ and in- (15 U.S.C. 378) is amended— ø‘‘(d) Any report required to be sub- serting ‘‘, transfers, or ships’’; and ø(1) by inserting ‘‘(a)’’ before ‘‘The mitted under this chapter to the Attorney ø(B) by striking ‘‘to other than a dis- United States district courts’’; and General shall also be submitted to the Sec- tributor licensed by or located in such ø(2) by adding at the end the following retary of the Treasury. State,’’; and new subsections: ø‘‘(e) In this section: ø(2) in subsection (b)— ø‘‘(b)(1) A State, through its attorney ø‘‘(1) The term ‘delivery sale’ means any ø(A) by striking ‘‘(1)’’; and general, or any person who holds a permit sale of cigarettes to a consumer if— ø(B) by striking ‘‘, and (2)’’ and all that under section 5712 of the Internal Revenue ø‘‘(A) the consumer submits the order for follows and inserting a period. Code of 1986, may bring an action in the such sale by means of a telephone or other ø(c) REQUIREMENTS FOR DELIVERY United States district courts to prevent and method of voice transmission, the mails, or SALES.—That Act is further amended by in- restrain violations of this Act by any person the Internet or other online service; or serting after section 2 the following new sec- (or by any person controlling such person). ø‘‘(B) the cigarettes are delivered by use tion: ø‘‘(2) Nothing in this section shall be of a common carrier. ø‘‘SEC. 2A. (a) Each person making a de- construed to prohibit an authorized State of- ø‘‘(2) The term ‘common carrier’ means livery sale into a State shall comply with— ficial from proceeding in State court on the any person (other than a local messenger ø‘‘(1) the shipping requirements set forth basis of an alleged violation of State law. service or the United States Postal Service in subsection (b); ø‘‘(c) The Attorney General, acting (as defined in section 102 of title 39, United ø‘‘(2) the recordkeeping requirements set through the Director of the Bureau of Alco- States Code)) that holds itself out to the forth in subsection (c); and hol, Tobacco, Firearms, and Explosives, shall general public as a provider for hire of the ø‘‘(3) all laws of the State generally ap- administer and enforce the provisions of this transportation by water, land, or air of mer- plicable to sales of cigarettes that occur en- Act.’’. chandise, whether or not the person actually tirely within the State, including laws im- øSEC. 3. TREATMENT OF CIGARETTES AS NON- operates the vessel, vehicle, or aircraft by posing— MAILABLE MATTER. which the transportation is provided, be- ø‘‘(A) excise taxes; øSection 1716 of title 18, United States tween a port or place and a port or place in ø‘‘(B) sales taxes; Code, is amended— the United States.’’. ø‘‘(C) licensing and tax-stamping require- ø(1) by redesignating subsection (j) as ø(c) DISPOSAL OR USE OF FORFEITED CIGA- ments; and subsection (k); and RETTES.—Section 2344(c) of that title is ø‘‘(D) other payment obligations. ø(2) by inserting after subsection (i) the amended by striking ‘‘seizure and for- ø‘‘(b)(1) Each person who takes a delivery following new subsection (j): feiture,’’ and all that follows and inserting sale order shall include on the bill of lading ø‘‘(j) The transmission in the mails of ‘‘seizure and forfeiture, and any cigarettes so included with the shipping package con- cigarettes (as that term is defined in section seized and forfeited shall be either— taining cigarettes sold pursuant to such 2341(1) of this title) for purposes of sale is ø‘‘(1) destroyed and not resold; or order a clear and conspicuous statement pro- prohibited, and cigarettes for such purposes ø‘‘(2) used for undercover investigative viding as follows: ‘CIGARETTES: FEDERAL are nonmailable and shall not be deposited in operations for the detection and prosecution LAW REQUIRES THE PAYMENT OF ALL or carried through the mails.’’. of crimes, and then destroyed and not re- APPLICABLE EXCISE AND SALES TAXES, øSEC. 4. PENAL PROVISIONS REGARDING TRAF- sold.’’. AND COMPLIANCE WITH APPLICABLE LI- FICKING IN CONTRABAND CIGA- ø(d) ENFORCEMENT.—Section 2346 of that CENSING AND TAX-STAMPING OBLIGA- RETTES. title is amended— ø TIONS’. (a) THRESHOLD QUANTITY FOR TREAT- ø(1) by inserting ‘‘(a)’’ before ‘‘The Attor- ø‘‘(2) Any shipping package described in MENT AS CONTRABAND.—(1) Section 2341(2) of ney General’’; and paragraph (1) that is not labeled in accord- title 18, United States Code, is amended by ø(2) by adding at the end the following ance with that paragraph shall be treated as striking ‘‘60,000 cigarettes’’ and inserting new subsection: non-deliverable matter by common carriers. ‘‘10,000 cigarettes’’. ø‘‘(b) A State, through its attorney gen- ø ø‘‘(c)(1) Each person making delivery (2) Section 2342(b) of that title is amend- eral, or any person who holds a permit under sales into a State shall keep a record of all ed by striking ‘‘60,000’’ and inserting section 5712 of the Internal Revenue Code of delivery sales so made, organized by State ‘‘10,000’’. 1986, may bring an action in the United ø into which such delivery sales are so made. (3) Section 2343 of that title is amend- States district courts to prevent and restrain ø‘‘(2) Records of delivery sales shall be ed— violations of this chapter by any person (or ø kept under paragraph (1) in the year in (A) in subsection (a), by striking by any person controlling such person).’’. which made and for the next four years. ‘‘60,000’’ and inserting ‘‘10,000’’; and ø(e) CONFORMING AND CLERICAL AMEND- ø ø‘‘(3) Records kept under paragraph (1) (B) in subsection (b), by striking MENTS.—(1) The section heading for section shall be made available to tobacco tax ad- ‘‘60,000’’ and inserting ‘‘10,000’’. 2343 of that title is amended to read as fol- ø ministrators of the States in order to ensure (b) RECORDKEEPING, REPORTING, AND IN- lows: the compliance of persons making delivery SPECTION.—Section 2343 of that title, as ø‘‘§ 2343. Recordkeeping, reporting, and in- sales with the requirements of this Act. amended by subsection (a)(3) of this section, spection’’. ø‘‘(d) Each State shall have the author- is further amended— ity to require any person making a delivery (1) in subsection (a)— ø(2) The table of sections at the begin- sale of cigarettes into such State— ø(A) in the matter preceding paragraph ning of chapter 114 of that title is amended ø‘‘(1) to collect or pay the taxes referred (1), by striking ‘‘only—’’ and inserting ‘‘such by striking the item relating to section 2343 to in subsection (a)(3); and information as the Attorney General con- and inserting the following new item: ø‘‘(2) to provide evidence that the manu- siders appropriate for purposes of enforce- facturer of the cigarettes sold in such State ment of this chapter, including—’’; and ø‘‘2343. Recordkeeping, reporting, and inspec- is in compliance with all Federal, State, or ø(B) in the flush matter following para- tion.’’. local laws generally applicable to the sale or graph (3), by striking the second sentence; øSEC. 5. COMPLIANCE WITH MODEL STATUTE OR distribution of cigarettes.’’. ø(2) by redesignating subsection (b) as QUALIFYING STATUTE. ø(d) PENALTIES.—Section 3 of that Act (15 subsection (c); ø(a) IN GENERAL.—An interstate tobacco U.S.C. 377) is amended— ø(3) by inserting after subsection (a) the seller may not sell in, deliver to, or place for ø(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; following new subsection (b): delivery to a State that is a party to the

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Master Settlement Agreement any cigarette ø(b) LIMITATIONS IN APPROPRIATIONS likely to be offered to, or purchased by, con- manufactured by a Tobacco Product Manu- ACTS.—The exercise of the authorities re- sumers as tobacco for making cigarettes. facturer that is not in full compliance with ferred to in subsection (a)(1) by the Bureau ‘‘(3) The term ‘smokeless tobacco’ means the terms of the Model Statute or Qualifying of Alcohol, Tobacco, Firearms, and Explo- any finely cut, ground, powdered, or leaf to- Statute enacted by such State requiring sives shall be subject to the provisions of ap- bacco that is intended to be placed in the oral funds to be placed into a qualified escrow ac- propriations Acts. or nasal cavity or otherwise consumed without count under specified conditions, or any reg- øSEC. 7. INSPECTION BY BUREAU OF ALCOHOL, being combusted.’’; ulations promulgated pursuant to such stat- TOBACCO, FIREARMS, AND EXPLO- (2) by striking paragraph (6) and inserting ute. SIVES OF RECORDS OF CERTAIN the following new paragraph (6): ø(b) PENALTIES.—(1) Whoever shall know- CIGARETTE SELLERS. ‘‘(6) The term ‘delivery sale’ means any sale ingly and willfully violate subsection (a) ø(a) IN GENERAL.—Any officer of the Bu- of cigarettes or smokeless tobacco in interstate shall be fined not more than $100,000, impris- reau of Alcohol, Tobacco, Firearms and Ex- commerce to a consumer if— oned not more than 2 years, or both. plosives may, during normal business hours, ‘‘(A) the consumer submits the order for ø(2) Whoever shall violate subsection (a) enter the premises of any person described in such sale by means of a telephone or other shall be subject to a civil penalty in an subsection (b) for the purposes of inspect- method of voice transmission, the mails, or the amount not to exceed 2 percent of the gross ing— Internet or other online service, or the seller is sales of cigarettes of such person during the ø(1) any records or information required otherwise not in the physical presence of the one-year period ending on the date of the to be maintained by such person under the buyer when the request for purchase or order is violation. provisions of law referred to in subsection made; or ø(3) A civil penalty under paragraph (2) (c); or ‘‘(B) the cigarettes or smokeless tobacco are for a violation of subsection (a) is in addition ø(2) any cigarettes kept or stored by such delivered by use of a common carrier, private de- to any criminal penalty under paragraph (1) person at such premises. livery service, or the mails, or the seller is not in for the violation. ø(b) COVERED PERSONS.—A person de- the physical presence of the buyer when the ø(c) JURISDICTION TO PREVENT AND RE- scribed in this subsection is any person who buyer obtains personal possession of the deliv- STRAIN VIOLATIONS.—(1) The United States engages in a delivery sale, and who ships, ered cigarettes or smokeless tobacco.’’; and district courts shall have jurisdiction to pre- sells, distributes, or receives any quantity in (3) by adding at the end the following new vent and restrain violations of subsection excess of 10,000 cigarettes within a single paragraphs: (a). month. ‘‘(8) The term ‘delivery seller’ means a per- ø(2) A State, through its attorney gen- ø(c) COVERED PROVISIONS OF LAW.—The son who makes a delivery sale. eral, or any person who holds a permit under provisions of law referred to in this sub- ‘‘(9) The term ‘common carrier’ means any section 5712 of the Internal Revenue Code of section are as follows: person (other than a local messenger service or 1986, may bring an action in the United ø(1) The Act of October 19, 1949 (15 U.S.C. the United States Postal Service (as defined in States district courts to prevent and restrain 375; commonly referred to as the ‘‘Jenkins section 102 of title 39, United States Code)) that violations of subsection (a) by any person (or Act’’). holds itself out to the general public as a pro- by any person controlling such person). ø(2) Chapter 114 of title 18, United States vider for hire of the transportation by water, ø(3) Nothing in this subsection shall be Code. land, or air of merchandise, whether or not the construed to prohibit an authorized State of- ø(3) This Act. person actually operates the vessel, vehicle, or ficial from proceeding in State court on the ø(d) DELIVERY SALE DEFINED.—In this aircraft by which the transportation is provided, basis of an alleged violation of State law. section, the term ‘‘delivery sale’’ has the between a port or place and a port or place in ø(4) The Attorney General, acting meaning given that term in 2343(e)(1) of title the United States. through the Director of the Bureau of Alco- 18, United States Code, as amended by sec- ‘‘(10) The term ‘interstate commerce’ means hol, Tobacco, Firearms, and Explosives, shall tion 4(b)(3) of this Act. commerce between a State and any place outside administer and enforce subsection (a). øSEC. 8. EFFECTIVE DATE. the State, commerce between a State and any ø(d) DEFINITIONS.—In this section: ø(a) IN GENERAL.—Except as provided in Indian lands in the State, or commerce between ø(1) MASTER SETTLEMENT AGREEMENT.— subsection (b), this Act shall take effect 90 points in the same State but though any place The term ‘‘Master Settlement Agreement’’ days after the date of the enactment of this outside the State or through any Indian lands. means the agreement executed November 23, Act. ‘‘(11) The term ‘person’ means an indi- 1998, by the Attorneys General of 46 States, ø(b) ATFE AUTHORITY.— vidual, corporation, company, association, firm, the District of Columbia, the Commonwealth ø(1) IN GENERAL.—Sections 6 and 7 shall partnership, society, State government, local of Puerto Rico, and four Territories of the take effect on the date of the enactment of government, Indian tribal government, govern- United States, on the one hand, and certain this Act. mental organization of such government, or tobacco manufacturers on the other hand. ø(2) DEFINITION.—For purposes of section joint stock company. ø(2) TOBACCO PRODUCT MANUFACTURER.— 7, the definition of delivery sale in section ‘‘(12) The term ‘State’ means a State of the The term ‘‘Tobacco Product Manufacturer’’ 2343(e)(1) of title 18, United States Code, as United States, the District of Columbia, the has the meaning given that term in section amended by section 4(b)(3) of this Act, shall Commonwealth of Puerto Rico, or any territory II(uu) of the Master Settlement Agreement. take effect on the date of the enactment of or possession of the United States.’’. (b) REPORTS TO STATE TOBACCO TAX AD- ø(3) MODEL STATUTE; QUALIFYING STAT- this Act.¿ MINISTRATORS.—Section 2 of that Act (15 U.S.C. UTE.—The terms ‘‘Model Statute’’ and SECTION 1. SHORT TITLE. ‘‘Qualifying Statute’’ means a statute as de- 376) is amended— This Act may be cited as the ‘‘Prevent All (1) by striking ‘‘cigarettes’’ each place it ap- fined in section IX(d)(2)(e) of the Master Set- Cigarette Trafficking Act’’ or ‘‘PACT Act’’. pears and inserting ‘‘cigarettes or smokeless to- tlement Agreement. SEC. 2. COLLECTION OF STATE CIGARETTE AND bacco’’; øSEC. 6. UNDERCOVER CRIMINAL INVESTIGA- SMOKELESS TOBACCO TAXES. (2) in subsection (a)— TIONS OF THE BUREAU OF ALCO- (a) DEFINITIONS.—Section 1 of the Act of (A) in the matter preceding paragraph (1)— HOL, TOBACCO, FIREARMS, AND EX- October 19, 1949 (15 U.S.C. 375; commonly re- (i) by striking ‘‘or transfers’’ and inserting PLOSIVES. ferred to as the ‘‘Jenkins Act’’), is amended— ø ‘‘, transfers, or ships’’; and (a) IN GENERAL.—(1) Commencing as of (1) by striking paragraphs (1), (2), and (3) (ii) by striking ‘‘to other than a distributor the date of the enactment of this Act and and inserting the following new paragraphs: licensed by or located in such State,’’; without fiscal year limitation, the authori- ‘‘(1) The term ‘attorney general’, with re- (B) in paragraph (1), by inserting before the ties in section 102(b) of the Department of spect to a State, means the attorney general or semicolon the following: ‘‘, as well as telephone Justice and Related Agencies Appropriations other chief law enforcement officer of the State, numbers for each place of business, a principal Act, 1993 (title I of Public Law 102–395; 106 or the designee of that officer. electronic mail address, any website addresses, Stat. 1838) shall be available to the Bureau of ‘‘(2) The term ‘cigarette’ means— and the name, address, and telephone number of Alcohol, Tobacco, Firearms, and Explosives ‘‘(A) any roll of tobacco wrapped in paper an agent in the State authorized to accept serv- for undercover investigative operations of or in any substance not containing tobacco ice on behalf of such person’’; and the Bureau which are necessary for the de- which is to be heated or burned; (C) in paragraph (2), by striking ‘‘and the tection and prosecution of crimes against ‘‘(B) any roll of tobacco wrapped in any quantity thereof’’ and inserting ‘‘the quantity the United States. substance containing tobacco that, because of thereof, and the name, address, and phone num- ø (2) For purposes of the exercise of the its appearance, the type of tobacco used in the ber of the person delivering the shipment to the authorities referred to in paragraph (1) by filler, or its packaging or labeling, is likely to be recipient on behalf of the delivery seller’’; and the Bureau, a reference in such section 102(b) offered to, or purchased by, consumers as a cig- (3) in subsection (b)— to the Federal Bureau of Investigation shall arette described in subparagraph (A); (A) by striking ‘‘(1)’’; and be deemed to be a reference to the Bureau of ‘‘(C) any roll of tobacco wrapped in any (B) by striking ‘‘, and (2)’’ and all that fol- Alcohol, Tobacco, Firearms, and Explosives, substance that because of its appearance, the lows and inserting a period. and a reference to the Director of the Fed- type of tobacco used in the filler, or its pack- (c) REQUIREMENTS FOR DELIVERY SALES.— eral Bureau of Investigation shall be deemed aging or labeling, is likely to be offered to, or That Act is further amended by inserting after to be a reference to the Director of the Bu- purchased by, consumers as a cigarette; or section 2 the following new section: reau of Alcohol, Tobacco, Firearms, and Ex- ‘‘(D) loose rolling tobacco that, because of ‘‘SEC. 2A. (a) Each delivery seller shall com- plosives. its appearance, type, packaging, or labeling, is ply with—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16205 ‘‘(1) the shipping requirements set forth in subsection, no common carrier, the United mation about all actions under subsection (a), subsection (b); States Postal Service, or other person may and the resolution of such actions, including by ‘‘(2) the recordkeeping requirements set knowingly deliver any item to a consumer in posting such information on the Internet and by forth in subsection (c); such State for a delivery seller on such list un- other means.’’. ‘‘(3) all State and other laws generally ap- less the common carrier, the United States Post- SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- plicable to sales of cigarettes or smokeless to- al Service, or person in good faith determines LESS TOBACCO AS NONMAILABLE bacco that occur entirely within the State, in- that the item does not include cigarettes or MATTER. cluding laws imposing— smokeless tobacco. Section 1716 of title 18, United States Code, ‘‘(A) excise taxes; ‘‘(f) For purposes of this Act, a delivery sale is amended— ‘‘(B) sales taxes; shall be deemed to have occurred in the State (1) by redesignating subsections (j) and (k) ‘‘(C) licensing and tax-stamping require- and place where the buyer obtains personal pos- as subsections (k) and (l), respectively; and ments; and (2) by inserting after subsection (i) the fol- ‘‘(D) other payment obligations or legal re- session of the cigarettes or smokeless tobacco, and a delivery pursuant to a delivery sale is lowing new subsection (j): quirements relating to the sale, distribution, or ‘‘(j) The transmission in the mails of any to- delivery of cigarettes or smokeless tobacco; and deemed to have been initiated or ordered by the delivery seller.’’. bacco product, including cigarettes (as that term ‘‘(4) the tax collection requirements set forth is defined in section 1(2) of the Act of October in subsection (d). (d) PENALTIES.—Section 3 of that Act (15 U.S.C. 377) is amended— 19, 1949 (15 U.S.C. 375; commonly referred to as ‘‘(b)(1) Each delivery seller shall include on the ‘Jenkins Act’)) and smokeless tobacco (as the bill of lading included with the shipping (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; (2) in subsection (a), as so designated, by that term is defined in section 1(3) of that Act), package containing cigarettes or smokeless to- is prohibited, and tobacco products are non- bacco sold pursuant to such order a clear and striking ‘‘shall be guilty of a misdemeanor and shall be fined not more than $1,000, or impris- mailable and shall not be deposited in or carried conspicuous statement providing as follows: through the mails.’’. ‘CIGARETTES/SMOKELESS TOBACCO: FED- oned not more than 6 months’’ and inserting ‘‘shall be guilty of a felony, fined under sub- SEC. 4. PENAL PROVISIONS REGARDING TRAF- ERAL LAW REQUIRES THE PAYMENT OF FICKING IN CONTRABAND CIGA- ALL APPLICABLE EXCISE AND SALES chapter C of chapter 227 of title 18, imprisoned not more than three years, or both’’; and RETTES OR SMOKELESS TOBACCO. TAXES, AND COMPLIANCE WITH APPLICA- (a) THRESHOLD QUANTITY FOR TREATMENT BLE LICENSING AND TAX-STAMPING OBLI- (3) by adding at the end the following new subsection: AS CONTRABAND CIGARETTES.—(1) Section GATIONS’. 2341(2) of title 18, United States Code, is amend- ‘‘(2) Any shipping package described in ‘‘(b)(1) Whoever violates any provision of this Act shall be subject to a civil penalty in an ed by striking ‘‘60,000 cigarettes’’ and inserting paragraph (1) that is not labeled in accordance ‘‘10,000 cigarettes’’. with that paragraph shall be treated as non-de- amount not to exceed the greater of— ‘‘(A) $5,000 in the case of the first violation, (2) Section 2342(b) of that title is amended liverable matter by a common carrier or the by striking ‘‘60,000’’ and inserting ‘‘10,000’’. United States Postal Service if the common car- or $10,000 for any other violation; or ‘‘(B) for any violation, 2 percent of the gross (3) Section 2343 of that title is amended— rier or the United States Postal Service, as the (A) in subsection (a), by striking ‘‘60,000’’ sales of cigarettes or smokeless tobacco of such case may be, knows or should know the contents and inserting ‘‘10,000’’; and person during the one-year period ending on the of the package. (B) in subsection (b), by striking ‘‘60,000’’ date of the violation. ‘‘(c)(1) Each delivery seller shall keep a and inserting ‘‘10,000’’. ‘‘(2) A civil penalty under paragraph (1) for record of all delivery sales so made, including (b) CONTRABAND SMOKELESS TOBACCO.—(1) all of the information described in section a violation of this Act is in addition to any Section 2341 of that title is amended— 2(a)(2), organized by State into which such de- criminal penalty under subsection (a) for the (A) in paragraph (4), by striking ‘‘and’’ at livery sales are so made. violation.’’. the end; ‘‘(2) Records of delivery sales shall be kept (e) ENFORCEMENT.—Section 4 of that Act (15 (B) in paragraph (5), by striking the period under paragraph (1) in the year in which made U.S.C. 378) is amended— at the end and inserting a semicolon; and and for the next four years. (1) by inserting ‘‘(a)’’ before ‘‘The United (C) by adding at the end the following new ‘‘(3) Records kept under paragraph (1) shall States district courts’’; paragraphs: be made available to tobacco tax administrators (2) in subsection (a), as so designated, by in- ‘‘(6) the term ‘smokeless tobacco’ means any of the States, attorneys general of the States, serting before the period the following: ‘‘, and to finely cut, ground, powdered, or leaf tobacco and the Attorney General of the United States provide other appropriate injunctive or equi- that is intended to be placed in the oral or nasal in order to ensure the compliance of persons table relief, including money damages, for such cavity or otherwise consumed without being making delivery sales with the requirements of violations’’; and combusted; and this Act. (3) by adding at the end the following new ‘‘(7) the term ‘contraband smokeless to- ‘‘(d) Unless the law of the State and place subsections: bacco’ means a quantity in excess of 500 single- in which cigarettes or smokeless tobacco are de- ‘‘(b)(1) A State, through its attorney gen- unit consumer-sized cans or packages of smoke- livered pursuant to a delivery sale in interstate eral, or any person who holds a permit under less tobacco, or their equivalent, that are in the commerce requires otherwise for the payment to section 5712 of the Internal Revenue Code of possession of any person other than— the government of an excise tax imposed on the 1986, may bring an action in the United States ‘‘(A) a person holding a permit issued pur- delivery sale, or provides, for delivery sales of district courts to prevent and restrain violations suant to chapter 52 of the Internal Revenue smokeless tobacco, for the delivery seller to col- of this Act by any person (or by any person con- Code of 1986 as manufacturer of tobacco prod- lect the excise tax from the consumer and remit trolling such person). ucts or as an export warehouse proprietor, a the excise tax to the government, the cigarettes ‘‘(2) A State, through its attorney general, person operating a customs bonded warehouse or smokeless tobacco may not be delivered to the may in a civil action under this Act obtain any pursuant to section 311 or 555 of the Tariff Act buyer unless in advance of the delivery— other appropriate relief for violations of this Act of 1930 (19 U.S.C. 1311, 1555), or an agent of ‘‘(1) the excise tax has been paid to the gov- by any person (or from any person controlling such person; ernment; and such person), including civil penalties, money ‘‘(B) a common carrier transporting such ‘‘(2) any required stamps or other indicia damages, and injunctive or other equitable re- smokeless tobacco under a proper bill of lading that the excise tax has been paid are properly lief. or freight bill which states the quantity, source, affixed or applied to the cigarettes or smokeless ‘‘(3) The remedies available under para- and designation of such smokeless tobacco; tobacco. graphs (1) and (2) are in addition to any other ‘‘(C) a person who— ‘‘(e)(1) Each State may compile a list of de- remedies available under Federal, State, or ‘‘(i) is licensed or otherwise authorized by livery sellers who are in compliance with this other law. the State where such smokeless tobacco is found Act with respect to such State. If a State posts ‘‘(4) Nothing in this Act shall be construed to engage in the business of selling or distrib- a list pursuant to this subsection that specifi- to prohibit an authorized State official from uting tobacco products; and cally refers to this subsection, no common car- proceeding in State court, or taking other en- ‘‘(ii) has complied with the accounting, tax, rier or other person may knowingly deliver ciga- forcement actions, on the basis of an alleged and payment requirements relating to such li- rettes or smokeless tobacco to consumers in such violation of State or other law. cense or authorization with respect to such State unless the delivery seller is on the list at ‘‘(c) The Attorney General shall administer smokeless tobacco; or the time of delivery. and enforce the provisions of this Act. ‘‘(D) an officer, employee, or agent of the ‘‘(2)(A) Each State may compile a list of de- ‘‘(d)(1) Any person who holds a permit United States or a State, or any department, livery sellers who are not in compliance with under section 5712 of the Internal Revenue Code agency, or instrumentality of the United States this Act with respect to such State. of 1986 who commences a civil action under or a State (including any political subdivision of ‘‘(B) A State may provide such a list to a paragraph (1) shall inform the Attorney General a State), having possession of such smokeless to- common carrier, the United States Postal Serv- of the United States of the action. bacco in connection with the performance of of- ice, or other person. Such a list shall be con- ‘‘(2) It is the sense of Congress that any at- ficial duties.’’. fidential, and a common carrier, the United torney general of a State who commences a civil (2) Section 2342(a) of that title is amended States Postal Service, or other person that reaction under paragraph (1) or (2) should inform by inserting ‘‘or contraband smokeless tobacco’’ ceives such a list shall maintain the confiden- the Attorney General of the United States of the after ‘‘contraband cigarettes’’. tiality of such list. action. (3) Section 2343(a) of that title is amended ‘‘(C) If a State provides such a list pursuant ‘‘(e) The Attorney General of the United by inserting ‘‘, or any quantity of smokeless to- to this subsection that specifically refers to this States shall make available to the public infor- bacco in excess of 500 single-unit consumer-sized

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cans or packages,’’ before ‘‘in a single trans- (e) ENFORCEMENT.—Section 2346 of that title bring an action in the United States district action’’. is amended— courts to prevent and restrain violations of sub- (4) Section 2344(c) of that title is amended (1) by inserting ‘‘(a)’’ before ‘‘The Attorney section (a) by any person (or by any person con- by inserting ‘‘or contraband smokeless tobacco’’ General’’; and trolling such person). after ‘‘contraband cigarettes’’. (2) by adding at the end the following new (3) A State, through its attorney general, (5) Section 2345 of that title is amended by subsection: may in a civil action against any person vio- inserting ‘‘or smokeless tobacco’’ after ‘‘ciga- ‘‘(b)(1) A State, through its attorney gen- lating subsection (a) obtain any appropriate re- rettes’’ each place it appears. eral, or any person who holds a permit under lief for violations of this section from any person (c) RECORDKEEPING, REPORTING, AND IN- section 5712 of the Internal Revenue Code of (or by any person controlling such person), in- SPECTION.—Section 2343 of that title, as amend- 1986, may bring an action in the United States cluding civil penalties, money damages, and ined by this section, is further amended— district courts to prevent and restrain violations junctive or other equitable relief. (1) in subsection (a)— of this chapter by any person (or by any person (4) The remedies available under para- (A) in the matter preceding paragraph (1), controlling such person). graphs (2) and (3) are in addition to any other by striking ‘‘only—’’ and inserting ‘‘such infor- ‘‘(2) A State, through its attorney general, remedies available under Federal, State, or mation as the Attorney General considers appro- may in a civil action under paragraph (1) also other law. priate for purposes of enforcement of this chap- obtain any other appropriate relief for viola- (5) Nothing in this subsection shall be con- ter, including—’’; and tions of this chapter from any person (or by any strued to prohibit an authorized State official (B) in the flush matter following paragraph person controlling such person), including civil from proceeding in State court or taking other (3), by striking the second sentence; penalties, money damages, and injunctive or enforcement actions on the basis of an alleged (2) by redesignating subsection (b) as sub- other equitable relief. violation of State or other law. section (c); ‘‘(3) The remedies under paragraphs (1) and (6) The Attorney General shall administer (3) by inserting after subsection (a) the fol- and enforce subsection (a). lowing new subsection (b): (2) are an addition to any other remedies under Federal, State, or other law. (d) DEFINITIONS.—In this section: ‘‘(b) Any person who engages in a delivery (1) MASTER SETTLEMENT AGREEMENT.— The ‘‘(4) Nothing in this subsection shall be con- sale, and who ships, sells, or distributes any term ‘‘Master Settlement Agreement’’ means the strued to prohibit an authorized State official quantity in excess of 10,000 cigarettes, or any agreement executed November 23, 1998, by the from proceeding in State court, or taking other quantity in excess of 500 single-unit consumer- Attorneys General of 46 States, the District of enforcement actions, on the basis of an alleged sized cans or packages of smokeless tobacco, or Columbia, the Commonwealth of Puerto Rico, violation of State or other law.’’. their equivalent, within a single month, shall and four Territories of the United States, on the (f) CONFORMING AND CLERICAL AMEND- submit to the Attorney General, pursuant to one hand, and certain tobacco manufacturers MENTS.—(1) The section heading for section 2343 rules or regulations prescribed by the Attorney on the other hand. of that title is amended to read as follows: General, a report that sets forth the following: (2) TOBACCO PRODUCT MANUFACTURER.—The ‘‘(1) The person’s beginning and ending in- ‘‘§ 2343. Recordkeeping, reporting, and inspec- term ‘‘Tobacco Product Manufacturer’’ has the ventory of cigarettes and cans or packages of tion’’. meaning given that term in section II(uu) of the smokeless tobacco (in total) for such month. (2) The table of sections at the beginning of Master Settlement Agreement. ‘‘(2) The total quantity of cigarettes and chapter 114 of that title is amended by striking (3) MODEL STATUTE; QUALIFYING STATUTE.— cans or packages of smokeless tobacco that the the item relating to section 2343 and inserting The terms ‘‘Model Statute’’ and ‘‘Qualifying person received within such month from each the following new item: Statute’’ means a statute as defined in section other person (itemized by name and address). IX(d)(2)(e) of the Master Settlement Agreement. ‘‘(3) The total quantity of cigarettes and ‘‘2343. Recordkeeping, reporting, and inspec- (4) DELIVERY SALE.—The term ‘‘delivery cans or packages of smokeless tobacco that the tion.’’. sale’’ means any sale of cigarettes or smokeless person distributed within such month to each (3)(A) The heading for chapter 114 of that tobacco in interstate commerce to a consumer person (itemized by name and address) other title is amended to read as follows: if— than a retail purchaser.’’; and (A) the consumer submits the order for such (4) by adding at the end the following new ‘‘CHAPTER 114—TRAFFICKING IN CONTRA- sale by means of a telephone or other method of subsections: BAND CIGARETTES AND SMOKELESS TO- voice transmission, the mails, or the Internet or ‘‘(d) Any report required to be submitted BACCO’’. other online service, or the seller is otherwise under this chapter to the Attorney General shall (B) The table of chapters at the beginning not in the physical presence of the buyer when also be submitted to the Secretary of the Treas- of part I of that title is amended by striking the the request for purchase or order is made; or ury and to the attorneys general and the tax item relating to section 114 and inserting the fol- (B) the cigarettes or smokeless tobacco are administrators of the States from where the lowing new item: delivered by use of a common carrier, private de- shipments, deliveries, or distributions both origi- livery service, or the mails, or the seller is not in nated and concluded. ‘‘114. Trafficking in contraband ciga- the physical presence of the buyer when the ‘‘(e) In this section, the term ‘delivery sale’ rettes and smokeless tobacco ...... 2341’’. buyer obtains personal possession of the deliv- means any sale of cigarettes or smokeless to- ered cigarettes or smokeless tobacco. SEC. 5. COMPLIANCE WITH MODEL STATUTE OR bacco in interstate commerce to a consumer if— (5) INTERSTATE COMMERCE.—The term QUALIFYING STATUTE. ‘‘(A) the consumer submits the order for ‘‘interstate commerce’’ means commerce between (a) IN GENERAL.—An interstate tobacco sell- such sale by means of a telephone or other a State and any place outside the State, com- er may not sell in, deliver to, or place for deliv- method of voice transmission, the mails, or the merce between a State and any Indian lands in ery sale in a State that is a party to the Master Internet or other online service, or by any other the State, or commerce between points in the Settlement Agreement any cigarette manufac- means where the consumer is not in the same same State but through any place outside the tured by a Tobacco Product Manufacturer that physical location as the seller when the pur- State or through any Indian lands. chase or offer of sale is made; or is not in full compliance with the terms of the Model Statute or Qualifying Statute enacted by SEC. 6. UNDERCOVER CRIMINAL INVESTIGATIONS ‘‘(B) the cigarettes or smokeless tobacco are OF THE BUREAU OF ALCOHOL, TO- delivered by use of the mails, common carrier, such State requiring funds to be placed into a BACCO, FIREARMS, AND EXPLO- private delivery service, or any other means qualified escrow account under specified condi- SIVES. where the consumer is not in the same physical tions, or any regulations promulgated pursuant (a) IN GENERAL.—(1) Commencing as of the location as the seller when the consumer obtains to such terms. date of the enactment of this Act and without physical possession of the cigarettes or smoke- (b) PENALTIES.—(1) Whoever shall know- fiscal year limitation, the authorities in section less tobacco. ingly and willfully violate subsection (a) shall 102(b) of the Department of Justice and Related ‘‘(f) In this section, the term ‘interstate com- be fined not more than $100,000, imprisoned not Agencies Appropriations Act, 1993 (title I of merce’ means commerce between a State and more than 2 years, or both. Public Law 102–395; 106 Stat. 1838) shall be any place outside the State, commerce between a (2) Whoever shall violate subsection (a) available to the Bureau of Alcohol, Tobacco, State and any Indian lands in the State, or com- shall be subject to a civil penalty in an amount Firearms, and Explosives for undercover inves- merce between points in the same State but not to exceed 2 percent of the gross sales of ciga- tigative operations of the Bureau which are nec- through any place outside the State or though rettes of such person during the one-year period essary for the detection and prosecution of any Indian lands.’’. ending on the date of the violation. crimes against the United States. (d) DISPOSAL OR USE OF FORFEITED CIGA- (3) A civil penalty under paragraph (2) for (2) For purposes of the exercise of the au- RETTES AND SMOKELESS TOBACCO.—Section a violation of subsection (a) is in addition to thorities referred to in paragraph (1) by the Bu- 2344(c) of that title, as amended by this section, any criminal penalty under paragraph (1) for reau, a reference in such section 102(b) to the is further amended by striking ‘‘seizure and for- the violation and in addition to any other dam- Federal Bureau of Investigation shall be deemed feiture,’’ and all that follows and inserting ‘‘sei- ages or relief available under law. to be a reference to the Bureau of Alcohol, To- zure and forfeiture, and any cigarettes or (c) JURISDICTION TO PREVENT AND RESTRAIN bacco, Firearms, and Explosives, and a ref- smokeless tobacco so seized and forfeited shall VIOLATIONS.—(1) The United States district erence to the Director of the Federal Bureau of be either— courts shall have jurisdiction to prevent and re- Investigation shall be deemed to be a reference ‘‘(1) destroyed and not resold; or strain violations of subsection (a). to the Director of the Bureau of Alcohol, To- ‘‘(2) used for undercover investigative oper- (2) A State, through its attorney general, or bacco, Firearms, and Explosives. ations for the detection and prosecution of any person who holds a permit under section (b) LIMITATIONS IN APPROPRIATIONS ACTS.— crimes, and then destroyed and not resold.’’. 5712 of the Internal Revenue Code of 1986, may The exercise of the authorities referred to in

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16207 subsection (a)(1) by the Bureau of Alcohol, To- special thanks to Vermont Attorney and many State attorneys general, we bacco, Firearms, and Explosives shall be subject General Bill Sorrell, who also serves as have added a new section to provide to the provisions of appropriations Acts. the current Chair of the NAAG To- the States with authority to enforce SEC. 7. INSPECTION BY BUREAU OF ALCOHOL, bacco Committee, for his valuable the Imported Cigarette Compliance Act TOBACCO, FIREARMS, AND EXPLO- SIVES OF RECORDS OF CERTAIN CIG- input on the problems with cigarette to crack down on international tobacco ARETTE AND SMOKELESS TOBACCO smuggling that States are facing and smuggling. This additional authority SELLERS. his support for this compromise meas- should further reduce tax evasion and (a) IN GENERAL.—Any officer of the Bureau ure. I also want to thank the Vermont eliminate a lucrative funding source of Alcohol, Tobacco, Firearms, and Explosives Grocers Association, the Vermont Re- for terrorist organizations. may, during normal business hours, enter the We must not turn a blind eye to the premises of any person described in subsection tail Association, the Vermont Associa- (b) for the purposes of inspecting— tion of Chiefs of Police, and the Na- problem of illegal tobacco smuggling. (1) any records or information required to be tional Conference of State Legislatures Those who smuggle cigarettes are maintained by such person under the provisions for their support for this measure. criminals. I look forward to the Senate of law referred to in subsection (d); or The movement of cigarettes from approving the bipartisan PACT Act (2) any cigarettes or smokeless tobacco kept low-tax areas to high-tax areas in order today to close the loopholes that allow or stored by such person at such premises. to avoid the payment of taxes when the cigarette smuggling to continue. I urge (b) COVERED PERSONS.—A person described cigarettes are resold has become a pub- the leaders of the House to follow our in this subsection is any person who engages in a delivery sale, and who ships, sells, distributes, lic health problem in recent years. As lead and pass this legislation. or receives any quantity in excess of 10,000 ciga- State after State chooses to raise its Mr. KOHL. Mr. President, the pro- rettes, or any quantity in excess of 500 single- tobacco excise taxes as a means of re- ceeds of cigarette smuggling from low unit consumer-sized cans or packages of smoke- ducing tobacco use and as a source of tax States has developed into a popular less tobacco, within a single month. revenue, many smokers have sought means of generating revenue for orga- (c) RELIEF.—(1) The district courts of the cheaper means by which to purchase nized crime and even terrorist organi- United States shall have the authority in a civil cigarettes. Smokers can often purchase zations. A recent investigation by the action under this subsection to compel inspec- cigarettes and tobacco from remote Bureau of Alcohol, Tobacco, Firearms, tions authorized by subsection (a). (2) Whoever violates subsection (a) or an sellers, Internet or mail order at sub- and Explosives, BATFE, disrupted a order issued pursuant to paragraph (1) shall be stantial discounts due to avoidance of smuggling scheme between North Caro- subject to a civil penalty in an amount not to State taxes. These sellers, however, are lina and Michigan, where the revenue exceed $10,000 for each violation. evading their tax obligations because generated was being funneled to (d) COVERED PROVISIONS OF LAW.—The pro- they neither collect nor pay the proper Hezbollah, a terrorist organization. It visions of law referred to in this subsection are State and local excise taxes for ciga- is evident that the consequences of per- as follows: rette and other tobacco product sales. mitting this behavior to continue un- (1) The Act of October 19, 1949 (15 U.S.C. We have the ability to dramatically 375; commonly referred to as the ‘‘Jenkins Act’’). checked cannot be underestimated. (2) Chapter 114 of title 18, United States reduce smuggling without imposing To make matters worse, this problem Code. undue burdens on manufacturers or law is on the rise. According to the (3) This Act. abiding citizens. By reducing smug- BATFE, 10 cigarette smuggling cases (e) DELIVERY SALE DEFINED.—In this sec- gling, we will also increase government were initiated in 1998. That has grown tion, the term ‘‘delivery sale’’ has the meaning revenues by minimizing tax avoidance. to approximately 160 in 2002. given that term in 2343(e)(1) of title 18, United My friend General Sorrell has told me Moreover, the sale of tobacco prod- States Code, as amended by section 4(b)(3) of that this has become a rapidly growing ucts over the Internet facilitates the this Act. problem in Vermont as more and more avoidance of State cigarette taxes, de- SEC. 8. EFFECTIVE DATE. tobacco product manufacturers fail to nying States the ability to collect tax (a) IN GENERAL.—Except as provided in subsection (b), this Act shall take effect 90 days collect and pay cigarette taxes. Crimi- dollars they are owed—money the after the date of the enactment of this Act. nals are getting away with smuggling States need now more than ever. (b) BATFE AUTHORITY.— and not paying tobacco taxes because The PACT Act take a commonsense (1) IN GENERAL.—Sections 6 and 7 shall take of weak punishments, products that approach to addressing these problems. effect on the date of the enactment of this Act. are often poorly labeled, the lack of It increases penalties, provides more (2) DEFINITION.—For purposes of section 7, tax stamps and the inability of the cur- tools for enforcement, and closes loop- the definition of delivery sale in section rent distribution system to track sales holes in current law. These moderate, 2343(e)(1) of title 18, United States Code, as but important, changes will further en- amended by section 4(b)(3) of this Act, shall from State to State. These lapses point take effect on the date of the enactment of this to a need for uniform rules governing able Federal, State, local, and tribal Act. group sales to individuals. officials to crack down on tobacco Amend the title so as to read: ‘‘A bill The PACT Act will give States the smugglers and ensure that Internet to- to prevent tobacco smuggling, to ensure the authority to collect millions of dollars bacco sellers pay applicable taxes. collection of all tobacco taxes, and for other in lost State tax revenue resulting Despite being passed unanimously by purposes.’’. from online and other remote sales of the Judiciary Committee, some raised Mr. LEAHY. Mr. President, I am cigarette and smokeless tobacco. It concerns over the legislation, particu- pleased that today the Senate is taking also ensures that every tobacco re- larly with respect to its effect on In- up and passing the Prevent All Ciga- tailer, whether a brick-and-mortar or dian Tribal sovereignty. After inten- rette Trafficking, PACT, Act, S. 1177. I remote retailer of tobacco products, sive negotiations with numerous inter- commend Chairman HATCH and Sen- play by the same rules by equalizing ested parties, including the Campaign ator KOHL for introducing this legisla- the tax burdens. for Tobacco Free Kids, the National tion and thank them for working with Moreover, the PACT Act gives States Association of Attorneys General, the me, among others, to craft the com- the authority necessary to enforce the Department of Justice and various promise language that we will consider Jenkins Act, a law passed in 1949, tribal groups, we have been able to today to crack down on the growing which requires cigarette vendors to re- craft language that will achieve the problem of cigarette smuggling, both port interstate sales of cigarettes. This goals we set out to attain—to put an interstate and international, as well as legislation enhances States’ abilities end to both cigarette trafficking and to address the connection between cig- to collect all excise taxes and verify tobacco tax avoidance—while leaving arette smuggling activities and ter- the deposit of all required escrow pay- the important principles of Indian rorist funding. I am proud to join Sen- ments for cigarette and smokeless to- Tribal sovereignty unaffected. ator HATCH, Senator KOHL and others bacco sales in interstate commerce, in- Tobacco companies and antitobacco as a cosponsor of the underlying bill. cluding internet sales. In addition, it groups, State law enforcement and I also thank the National Association provides Federal and State law en- Federal law enforcement, and Repub- of Attorneys General and the Cam- forcement with additional resources to licans and Democrats all agree that paign for Tobacco-Free Kids, for work- enforce State tobacco excise tax laws. this is an issue begging to be addressed. ing with us and contributing to the Finally, at the request of the Na- Today, we begin to provide the rel- substitute language. I want to say a tional Association of attorneys general evant law enforcement authorities

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16208 CONGRESSIONAL RECORD — SENATE December 9, 2003 with the tools they need to put an end ‘‘(A) the consumer submits the order for for each place of business, a principal elec- to these dangerous practices. such sale by means of a telephone or other tronic mail address, any website addresses, Mr. FRIST. Mr. President, I ask method of voice transmission, the mails, or and the name, address, and telephone num- unanimous consent that the Hatch the Internet or other online service, or the ber of an agent in the State authorized to ac- seller is otherwise not in the physical pres- amendment, which is at the desk, be cept service on behalf of such person;’’; ence of the buyer when the request for pur- (C) in paragraph (2), by striking ‘‘and the agreed to; that the committee sub- chase or order is made; or quantity thereof.’’ and inserting ‘‘the quan- stitute amendment, as amended, be ‘‘(B) the cigarettes or smokeless tobacco tity thereof, and the name, address, and agreed to; that the bill, as amended, be are delivered by use of a common carrier, phone number of the person delivering the read the third time and passed; that private delivery service, or the mails, or the shipment to the recipient on behalf of the de- the title amendment be agreed to; that seller is not in the physical presence of the livery seller, with all invoice or memoranda the motions to reconsider be laid upon buyer when the buyer obtains personal pos- information relating to specific customers to session of the delivered cigarettes or smoke- be organized by city or town and by zip code; the table, en bloc; and that any state- less tobacco.’’; and ments relating to the bill be printed in and’’; and (4) by adding at the end the following new (D) by adding at the end the following new the RECORD. paragraphs: paragraph: The PRESIDING OFFICER. Without ‘‘(8) The term ‘delivery seller’ means a per- ‘‘(3) with respect to each memorandum or objection, it is so ordered. son who makes a delivery sale. invoice filed with a State under paragraph The amendment (No. 2231) was agreed ‘‘(9) The term ‘common carrier’ means any (2), also file copies of such memorandum or to. person (other than a local messenger service invoice with the tobacco tax administrators (The amendment is printed in today’s or the United States Postal Service (as de- and chief law enforcement officers of the fined in section 102 of title 39, United States RECORD under ‘‘Text of Amendments.’’) local governments and Indian Tribes oper- The committee amendment in the Code)) that holds itself out to the general ating within the borders of the State that public as a provider for hire of the transpor- nature of a substitute, as amended, was apply their own local or Tribal taxes on ciga- tation by water, land, or air of merchandise, rettes or smokeless tobacco.’’; and agreed to. whether or not the person actually operates The title amendment was agreed to. (3) in subsection (b)— the vessel, vehicle, or aircraft by which the (A) by striking ‘‘(1)’’; and The bill (S. 1177), as amended, was transportation is provided, between a port or (B) by striking ‘‘, and (2)’’ and all that fol- read the third time and passed, as fol- place and a port or place in the United lows and inserting a period. lows: States. (c) REQUIREMENTS FOR DELIVERY SALES.— S. 1177 ‘‘(10) The term ‘interstate commerce’ That Act is further amended by inserting means commerce between a State and any Be it enacted by the Senate and House of Rep- after section 2 the following new section: place outside the State, commerce between a ‘‘SEC. 2A. (a) With respect to delivery sales resentatives of the United States of America in State and any Indian lands in the State, or Congress assembled, into a specific State and place, each delivery commerce between points in the same State seller shall comply with— SECTION 1. SHORT TITLE. but though any place outside the State or ‘‘(1) the shipping requirements set forth in This Act may be cited as the ‘‘Prevent All through any Indian lands. subsection (b); Cigarette Trafficking Act’’ or ‘‘PACT Act’’. ‘‘(11) The term ‘person’ means an indi- ‘‘(2) the recordkeeping requirements set SEC. 2. COLLECTION OF STATE CIGARETTE AND vidual, corporation, company, association, forth in subsection (c); SMOKELESS TOBACCO TAXES. firm, partnership, society, State govern- ‘‘(3) all State, local, Tribal, and other laws (a) DEFINITIONS.—Section 1 of the Act of ment, local government, Indian tribal gov- generally applicable to sales of cigarettes or October 19, 1949 (15 U.S.C. 375; commonly re- ernment, governmental organization of such smokeless tobacco as if such delivery sales ferred to as the ‘‘Jenkins Act’’), is amend- government, or joint stock company. occurred entirely within the specific State ed— ‘‘(12) The term ‘State’ means a State of the and place, including laws imposing— (1) by striking paragraphs (1), (2), and (3) United States, the District of Columbia, the ‘‘(A) excise taxes; and inserting the following new paragraphs: Commonwealth of Puerto Rico, or any terri- ‘‘(B) licensing and tax-stamping require- ‘‘(1) The term ‘attorney general’, with re- tory or possession of the United States. ments; and spect to a State, means the attorney general ‘‘(13) The term ‘Indian Country’ has the ‘‘(C) other payment obligations or legal re- or other chief law enforcement officer of the meaning given that term in section 1151 of quirements relating to the sale, distribution, State, or the designee of that officer. title 18, United States Code, except that or delivery of cigarettes or smokeless to- ‘‘(2) The term ‘cigarette’ means— within the State of Alaska that term applies bacco; and ‘‘(A) any roll of tobacco wrapped in paper only to the Metlakatla Indian Community, ‘‘(4) the tax collection requirements set or in any substance not containing tobacco Annette Island Reserve. forth in subsection (d). which is to be heated or burned; ‘‘(14) The term ‘Indian Tribe’, ‘Tribe’, or ‘‘(b)(1) Each delivery seller shall include on ‘‘(B) any roll of tobacco wrapped in any ‘Tribal’ refers to an Indian tribe as defined in the bill of lading included with the shipping substance containing tobacco that, because the Indian Self-Determination and Edu- package containing cigarettes or smokeless of its appearance, the type of tobacco used in cation Assistance Act (25 U.S.C. 450b(e)) or as tobacco sold pursuant to such order a clear the filler, or its packaging or labeling, is listed pursuant to section 104 of the Feder- and conspicuous statement providing as fol- likely to be offered to, or purchased by, con- ally Recognized Indian Tribe List Act of 1994 lows: ‘CIGARETTES/SMOKELESS TO- sumers as a cigarette described in subpara- (Public Law 103–454; 25 U.S.C. 479a–1). BACCO: FEDERAL LAW REQUIRES THE graph (A); ‘‘(15) The term ‘tobacco tax administrator’, PAYMENT OF ALL APPLICABLE EXCISE ‘‘(C) any roll of tobacco wrapped in any in the case of a State, local, or Tribal gov- TAXES, AND COMPLIANCE WITH APPLI- substance that because of its appearance, the ernment, means the official of the govern- CABLE LICENSING AND TAX-STAMPING type of tobacco used in the filler, or its pack- ment duly authorized to collect the tobacco OBLIGATIONS’. aging or labeling, is likely to be offered to, tax or administer the tax law of the govern- ‘‘(2) Any shipping package described in or purchased by, consumers as a cigarette; or ment.’’. paragraph (1) that is not labeled in accord- ‘‘(D) loose rolling tobacco that, because of (b) REPORTS TO STATE TOBACCO TAX ADMIN- ance with that paragraph shall be treated as its appearance, type, packaging, or labeling, ISTRATORS.—Section 2 of that Act (15 U.S.C. non-deliverable matter by a common carrier is likely to be offered to, or purchased by, 376) is amended— or the United States Postal Service if the consumers as tobacco for making cigarettes. (1) by striking ‘‘cigarettes’’ each place it common carrier or the United States Postal ‘‘(3) The term ‘smokeless tobacco’ means appears and inserting ‘‘cigarettes or smoke- Service, as the case may be, knows or should any finely cut, ground, powdered, or leaf to- less tobacco’’; know the contents of the package. bacco that is intended to be placed in the (2) in subsection (a)— ‘‘(c)(1) Each delivery seller shall keep a oral or nasal cavity or otherwise consumed (A) in the matter preceding paragraph (1)— record of all delivery sales so made, includ- without being combusted.’’; (i) by striking ‘‘or transfers’’ and inserting ing all of the information described in sec- (2) in paragraph (5)— ‘‘, transfers, or ships’’; tion 2(a)(2), organized by the State, and (A) by inserting ‘‘, local, or Tribal’’ after (ii) by inserting ‘‘, locality, or Indian within such State, by the city or town and ‘‘the State’’; Country of an Indian Tribe’’ after ‘‘a State’’; by zip code, into which such delivery sales (B) by striking ‘‘administer the cigarette and are so made. tax law’’ and inserting ‘‘collect the tobacco (iii) by striking ‘‘to other than a dis- ‘‘(2) Records of delivery sales shall be kept tax or administer the tax law’’; and tributor licensed by or located in such under paragraph (1) in the year in which (C) by inserting ‘‘, locality, or Tribe, re- State,’’; made and for the next four years. spectively’’ after ‘‘a State’’. (B) in paragraph (1)— ‘‘(3) Records kept under paragraph (1) shall (3) by striking paragraph (6) and inserting (i) by striking ‘‘administrator of the be made available to tobacco tax administra- the following new paragraph (6): State’’ and inserting ‘‘administrators of the tors of the States, to local governments and ‘‘(6) The term ‘delivery sale’ means any State and place’’; and Indian Tribes that apply their own local or sale of cigarettes or smokeless tobacco in (ii) by striking ‘‘; and’’ and inserting the Tribal taxes on cigarettes or smokeless to- interstate commerce to a consumer if— following: ‘‘, as well as telephone numbers bacco, to the attorneys general of the States,

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16209 to the chief law enforcement officers of such (B) by striking ‘‘shall be guilty of a mis- ‘‘(4) The remedies available under this sub- local governments and Indian Tribes, and to demeanor and shall be fined not more than section are in addition to any other remedies the Attorney General of the United States in $1,000, or imprisoned not more than 6 available under Federal, State, local, Tribal, order to ensure the compliance of persons months’’ and inserting ‘‘shall be guilty of a or other law. making delivery sales with the requirements felony, fined under subchapter C of chapter ‘‘(5) Nothing in this Act shall be construed of this Act. 227 of title 18, United States Code, impris- to expand, restrict, or otherwise modify any ‘‘(d)(1) Except as provided in paragraph (2), oned not more than three years, or both’’; right of an authorized State official to pro- no cigarettes or smokeless tobacco may be and ceed in State court, or take other enforce- delivered pursuant to a delivery sale in (3) by adding at the end the following new ment actions, on the basis of an alleged vio- interstate commerce unless in advance of subsection: lation of State or other law. the delivery— ‘‘(b)(1) Whoever violates any provision of ‘‘(6) Nothing in this Act shall be construed ‘‘(A) any cigarette or smokeless tobacco this Act shall be subject to a civil penalty in to expand, restrict, or otherwise modify any excise tax that is imposed by the State in an amount not to exceed the greater of— right of an authorized Indian Tribal govern- which the cigarettes or smokeless tobacco ‘‘(A) $5,000 in the case of the first violation, ment official to proceed in Tribal court, or are to be delivered has been paid to the or $10,000 for any other violation; or take other enforcement actions, on the basis State; ‘‘(B) for any violation, 2 percent of the of an alleged violation of Tribal law. ‘‘(B) any cigarette or smokeless tobacco gross sales of cigarettes or smokeless to- ‘‘(7) Nothing in this Act shall be construed excise tax that is imposed by the local gov- bacco of such person during the one-year pe- to expand, restrict, or otherwise modify any ernment of the place in which the cigarette riod ending on the date of the violation. right of an authorized local government offi- or smokeless tobacco are to be delivered has ‘‘(2) A civil penalty under paragraph (1) for cial to proceed in State court, or take other been paid to the local government; and a violation of this Act is in addition to any enforcement actions, on the basis of an al- ‘‘(C) any required stamps or other indicia criminal penalty under subsection (a) for the leged violation of local or other law. that such excise tax has been paid are prop- violation.’’. ‘‘(d) Any person who holds a permit under erly affixed or applied to the cigarettes or (e) ENFORCEMENT.—Section 4 of that Act section 5712 of the Internal Revenue Code of smokeless tobacco. (15 U.S.C. 378) is amended— 1986 may bring an action in the United ‘‘(2) Paragraph (1) does not apply to a de- (1) by inserting ‘‘(a)’’ before ‘‘The United States district courts to prevent and restrain livery sale of smokeless tobacco if the law of States district courts’’; violations of this Act by any person (or by the State or local government of the place (2) in subsection (a), as so designated, by any person controlling such person) other where the smokeless tobacco is to be deliv- inserting before the period the following: ‘‘, than a State, local, or Tribal government. ered requires or otherwise provides that de- and to provide other appropriate injunctive ‘‘(e)(1) Any person who commences a civil livery sellers collect the excise tax from the or equitable relief, including money dam- action under subsection (d) shall inform the consumer and remit the excise tax to the ages, for such violations’’; and Attorney General of the United States of the State or local government, and the delivery (3) by adding at the end the following new action. seller complies with the requirement. subsections: ‘‘(2) It is the sense of Congress that any at- ‘‘(e)(1) Each State, and each local govern- ‘‘(b) The Attorney General of the United torney general of a State, or chief law en- ment or Indian Tribal government that lev- States shall administer and enforce the pro- forcement officer of a locality or Tribe, who ies a tax subject to subsection (a)(3), may visions of this Act. commences a civil action under this section compile a list of delivery sellers who are in ‘‘(c)(1)(A) A State, through its attorney should inform the Attorney General of the compliance with this Act with respect to general (or a designee thereof), or a local United States of the action. such State, locality, or Indian Tribe. If a government or Indian Tribe that levies a tax ‘‘(f)(1) The Attorney General of the United State, local government, or Indian Tribe subject to section 2A(a)(3), through its chief States shall make available to the public, by posts a list pursuant to this subsection that law enforcement officer (or a designee there- posting such information on the Internet and specifically refers to this subsection, no of), may bring an action in the United States by other means, information about all en- common carrier or other person may know- district courts to prevent and restrain viola- forcement actions undertaken by the Attor- ingly deliver cigarettes or smokeless tobacco tions of this Act by any person (or by any ney General or United States Attorneys, or to consumers in such State or locality or in person controlling such person) or to obtain reported to the Attorney General, under this the Indian Country of such Indian Tribe un- any other appropriate relief from any person section, including information on the resolu- less the delivery seller is on the list at the (or from any person controlling such person) tion of such actions and, in particular, infor- time of delivery. for violations of this Act, including civil ‘‘(2)(A) Each State, and each local govern- mation on how the Attorney General and the penalties, money damages, and injunctive or ment or Indian Tribal government that lev- United States Attorney have responded to other equitable relief. ies a tax subject to subsection (a)(3), may referrals of evidence of violations pursuant ‘‘(B) Nothing in this Act shall be deemed to compile a list of delivery sellers who are not to subsection (b)(2). abrogate or constitute a waiver of any sov- in compliance with this Act with respect to ‘‘(2) The Attorney General shall submit to ereign immunity of a State or local govern- such State, locality, or Indian Tribe. Congress each year a report containing the ‘‘(B) A State, locality, or Indian Tribal ment or Indian Tribe against any information described in paragraph (1).’’. government may provide such a list to a unconsented lawsuit under this Act, or oth- SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- common carrier, the United States Postal erwise to restrict, expand, or modify any LESS TOBACCO AS NONMAILABLE Service, or other person. Such a list shall be sovereign immunity of a State or local gov- MATTER. confidential, and a common carrier, the ernment or Indian Tribe. Section 1716 of title 18, United States Code, United States Postal Service, or other per- ‘‘(2) A State, through its attorney general, is amended— son that receives such a list shall maintain or a local government or Indian Tribe that (1) by redesignating subsections (j) and (k) the confidentiality of such list. levies a tax subject to section 2A(a)(3), as subsections (k) and (l), respectively; and ‘‘(C) If a State, local government, or Indian through its chief law enforcement officer (or (2) by inserting after subsection (i) the fol- Tribal government provides such a list pur- a designee thereof), may provide evidence of lowing new subsection (j): suant to this subsection that specifically re- a violation of this Act by any person not sub- ‘‘(j)(1) Except as provided in paragraph (2), fers to this subsection, no common carrier, ject to State, local, or Tribal government en- the transmission in the mails of any tobacco the United States Postal Service, or other forcement actions for violations of this Act product, including cigarettes (as that term is person may knowingly deliver any item to a to the Attorney General of the United States defined in section 1(2) of the Act of October consumer in such State or locality or in the or a United State Attorney, who shall take 19, 1949 (15 U.S.C. 375; commonly referred to Indian Country of such Indian Tribe for a de- appropriate actions to enforce the provisions as the ‘Jenkins Act’)) and smokeless tobacco livery seller on such list unless the common of this Act. (as that term is defined in section 1(3) of that carrier, the United States Postal Service, or ‘‘(3)(A) Notwithstanding any other provi- Act), is prohibited, and tobacco products are person in good faith determines that the sion of law and subject to subparagraph (B), nonmailable and shall not be deposited in or item does not include cigarettes or smoke- an amount equal to 50 percent of any crimi- carried through the mails. less tobacco. nal and civil penalties collected by the ‘‘(2) Paragraph (1) shall apply only to ‘‘(f) For purposes of this Act, a delivery United States Government in enforcing the States that are contiguous with at least one sale shall be deemed to have occurred in the provisions of this Act shall be available to other State of the United States.’’. State and place where the buyer obtains per- the Department of Justice for purposes of en- SEC. 4. PENAL PROVISIONS REGARDING TRAF- sonal possession of the cigarettes or smoke- forcing the provisions of this Act and other FICKING IN CONTRABAND CIGA- less tobacco, and a delivery pursuant to a de- laws relating to contraband tobacco prod- RETTES OR SMOKELESS TOBACCO. livery sale is deemed to have been initiated ucts. (a) THRESHOLD QUANTITY FOR TREATMENT or ordered by the delivery seller.’’. ‘‘(B) Of the amount available to the De- AS CONTRABAND CIGARETTES.—(1) Section (d) PENALTIES.—Section 3 of that Act (15 partment under subparagraph (A), not less 2341(2) of title 18, United States Code, is U.S.C. 377) is amended— than 50 percent shall be made available only amended by striking ‘‘60,000 cigarettes’’ and (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; to the agencies and offices within the De- inserting ‘‘10,000 cigarettes’’. (2) in subsection (a), as so designated— partment that were responsible for the en- (2) Section 2342(b) of that title is amended (A) by inserting ‘‘(except for a State, local, forcement actions in which the penalties by striking ‘‘60,000’’ and inserting ‘‘10,000’’. or Tribal government)’’ after ‘‘this Act’’; and concerned were imposed. (3) Section 2343 of that title is amended—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16210 CONGRESSIONAL RECORD — SENATE December 9, 2003 (A) in subsection (a), by striking ‘‘60,000’’ cigarettes found in Indian County, is li- bacco in interstate commerce to a consumer and inserting ‘‘10,000’’; and censed or otherwise authorized by the Tribal if— (B) in subsection (b), by striking ‘‘60,000’’ government of such Indian Country to ac- ‘‘(A) the consumer submits the order for and inserting ‘‘10,000’’. count for and pay cigarette taxes imposed by such sale by means of a telephone or other (b) CONTRABAND SMOKELESS TOBACCO.—(1) the Tribal government’’; and method of voice transmission, the mails, or Section 2341 of that title is amended— (C) in subparagraph (D)— the Internet or other online service, or by (A) in paragraph (4), by striking ‘‘and’’ at (i) by inserting ‘‘or a Tribe’’ after ‘‘a any other means where the consumer is not the end; State’’ the first place it appears; and in the same physical location as the seller (B) in paragraph (5), by striking the period (ii) by striking ‘‘or a State (or any polit- when the purchase or offer of sale is made; or at the end and inserting a semicolon; and ical subdivision of a State)’’ and inserting ‘‘, ‘‘(B) the cigarettes or smokeless tobacco (C) by adding at the end the following new a State (or any political subdivision of a are delivered by use of the mails, common paragraphs: State), or a Tribe (including any political carrier, private delivery service, or any other ‘‘(6) the term ‘smokeless tobacco’ means subdivision of a Tribe)’’; means where the consumer is not in the any finely cut, ground, powdered, or leaf to- (2) in paragraph (3), by inserting before the same physical location as the seller when the bacco that is intended to be placed in the semicolon the following: ‘‘, or, for a carrier consumer obtains physical possession of the oral or nasal cavity or otherwise consumed making a delivery entirely within Indian cigarettes or smokeless tobacco. without being combusted; Country, under equivalent operating author- ‘‘(f) In this section, the term ‘interstate ‘‘(7) the term ‘contraband smokeless to- ity from the Indian Tribal government of commerce’ means commerce between a State bacco’ means a quantity in excess of 500 sin- such Indian Country’’; and and any place outside the State, commerce gle-unit consumer-sized cans or packages of (3) by adding at the end the following new between a State and any Indian lands in the smokeless tobacco, or their equivalent, that paragraphs: State, or commerce between points in the are in the possession of any person other ‘‘(8) the term ‘Indian Country’ has the same State but through any place outside than— meaning given that term in section 1151 of the State or though any Indian lands.’’. ‘‘(A) a person holding a permit issued pur- title 18, United States Code, except that (e) DISPOSAL OR USE OF FORFEITED CIGA- suant to chapter 52 of the Internal Revenue within the State of Alaska that term applies RETTES AND SMOKELESS TOBACCO.—Section Code of 1986 as manufacturer of tobacco only to the Metlakatla Indian Community, 2344(c) of that title, as amended by this sec- products or as an export warehouse propri- Annette Island Reserve; and tion, is further amended by striking ‘‘seizure etor, a person operating a customs bonded ‘‘(9) the term ‘Indian Tribe’, ‘Tribe’, or and forfeiture,’’ and all that follows and in- warehouse pursuant to section 311 or 555 of ‘Tribal’ refers to an Indian tribe as defined in serting ‘‘seizure and forfeiture, and any ciga- the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or the Indian Self-Determination and Edu- rettes or smokeless tobacco so seized and forfeited shall be either— an agent of such person; cation Assistance Act (25 U.S.C. 450b(e)) or as ‘‘(1) destroyed and not resold; or ‘‘(B) a common carrier transporting such listed pursuant to section 104 of the Feder- ‘‘(2) used for undercover investigative oper- smokeless tobacco under a proper bill of lad- ally Recognized Indian Tribe List Act of 1994 ations for the detection and prosecution of ing or freight bill which states the quantity, (Public Law 103–454; 25 U.S.C. 479a–1).’’. crimes, and then destroyed and not resold.’’. source, and designation of such smokeless (d) RECORDKEEPING, REPORTING, AND IN- (f) EFFECT ON STATE, LOCAL, AND TRIBAL tobacco; SPECTION.—Section 2343 of that title, as amended by this section, is further amend- LAW.—Section 2345 of that title is amended— ‘‘(C) a person who— ed— (1) in subsection (a), by striking ‘‘a State ‘‘(i) is licensed or otherwise authorized by (1) in subsection (a)— to enact and enforce’’ and inserting ‘‘a State, the State where such smokeless tobacco is (A) in the matter preceding paragraph (1), local government, or Tribe to enact and en- found to engage in the business of selling or by striking ‘‘only—’’ and inserting ‘‘such in- force its own’’; and distributing tobacco products or, for smoke- formation as the Attorney General considers (2) in subsection (b), by striking ‘‘of States, less tobacco found in Indian Country, is li- appropriate for purposes of enforcement of through interstate compact or otherwise, to censed or otherwise authorized by the Tribal this chapter, including—’’; and provide for the administration of State’’ and government of such Indian Country to ac- (B) in the flush matter following paragraph inserting ‘‘of State, local, or Tribal govern- count for and pay smokeless tobacco taxes (3), by striking the second sentence; ments, through interstate compact or other- imposed by the Tribal government; and (2) by redesignating subsection (b) as sub- wise, to provide for the administration of ‘‘(ii) has complied with the accounting, section (c); State, local, or Tribal’’. tax, and payment requirements relating to (3) by inserting after subsection (a) the fol- (g) ENFORCEMENT.—Section 2346 of that such license or authorization with respect to lowing new subsection (b): title is amended— such smokeless tobacco; or ‘‘(b) Any person who engages in a delivery (1) by inserting ‘‘(a)’’ before ‘‘The Attorney ‘‘(D) an officer, employee, or agent of the sale, and who ships, sells, or distributes any General’’; and United States or a State or a Tribe, or any quantity in excess of 10,000 cigarettes, or any (2) by adding at the end the following new department, agency, or instrumentality of quantity in excess of 500 single-unit con- subsection: the United States, a State (including any po- sumer-sized cans or packages of smokeless ‘‘(b)(1) A State, through its attorney gen- litical subdivision of a State), or a Tribe (in- tobacco, or their equivalent, within a single eral, a local government or Indian Tribe, cluding any political subdivision of a Tribe), month, shall submit to the Attorney Gen- through its chief law enforcement officer (or having possession of such smokeless tobacco eral, pursuant to rules or regulations pre- a designee thereof), or any person who holds in connection with the performance of offi- scribed by the Attorney General, a report a permit under section 5712 of the Internal cial duties;’’. that sets forth the following: Revenue Code of 1986, may bring an action in (2) Section 2342(a) of that title is amended ‘‘(1) The person’s beginning and ending in- the United States district courts to prevent by inserting ‘‘or contraband smokeless to- ventory of cigarettes and cans or packages of and restrain violations of this chapter by bacco’’ after ‘‘contraband cigarettes’’. smokeless tobacco (in total) for such month. any person (or by any person controlling (3) Section 2343(a) of that title is amended ‘‘(2) The total quantity of cigarettes and such person), except that any person who by inserting ‘‘, or any quantity of smokeless cans or packages of smokeless tobacco that holds a permit under section 5712 of the In- tobacco in excess of 500 single-unit con- the person received within such month from ternal Revenue Code of 1986 may not bring sumer-sized cans or packages,’’ before ‘‘in a each other person (itemized by name and ad- such an action against a State, local, or single transaction’’. dress). Tribal government. (4) Section 2344(c) of that title is amended ‘‘(3) The total quantity of cigarettes and ‘‘(2) A State, through its attorney general, by inserting ‘‘or contraband smokeless to- cans or packages of smokeless tobacco that or a local government or Indian Tribe, bacco’’ after ‘‘contraband cigarettes’’. the person distributed within such month to through its chief law enforcement officer (or (5) Section 2345 of that title is amended by each person (itemized by name and address) a designee thereof), may in a civil action inserting ‘‘or smokeless tobacco’’ after other than a retail purchaser.’’; and under paragraph (1) also obtain any other ap- ‘‘cigarettes’’ each place it appears. (4) by adding at the end the following new propriate relief for violations of this chapter (c) ADDITIONAL DEFINITIONAL MATTERS.— subsections: from any person (or by any person control- Section 2341 of such title is further amend- ‘‘(d) Any report required to be submitted ling such person), including civil penalties, ed— under this chapter to the Attorney General money damages, and injunctive or other eq- (1) in paragraph (2), as amended by sub- shall also be submitted to the Secretary of uitable relief. Nothing in this chapter shall section (a)(1) of this section— the Treasury and to the attorneys general be deemed to abrogate or constitute a waiver (A) in the matter preceding subparagraph and the tax administrators of the States of any sovereign immunity of a State or (A), by striking ‘‘State cigarette taxes in the from where the shipments, deliveries, or dis- local government or Indian Tribe against State where such cigarettes are found, if the tributions both originated and concluded, any unconsented lawsuit under this chapter, State’’ and inserting ‘‘State, local, or Tribal and to the chief law enforcement officer and or otherwise to restrict, expand, or modify cigarette taxes in the State, locality, or In- tax administrator of the Tribe for shipments, any sovereign immunity of a State or local dian Country where such cigarettes are deliveries or distributions that originated or government or Indian Tribe. found, if the State, local or Tribal govern- concluded on the Indian Country of the In- ‘‘(3) The remedies under paragraphs (1) and ment’’; dian Tribe. (2) are an addition to any other remedies (B) in subparagraph (C)(i), by inserting be- ‘‘(e) In this section, the term ‘delivery sale’ under Federal, State, local, Tribal, or other fore the semicolon the following: ‘‘, or, for means any sale of cigarettes or smokeless to- law.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16211 ‘‘(4) Nothing in this chapter shall be con- cial from proceeding in State court or taking reau of Alcohol, Tobacco, Firearms, and Ex- strued to expand, restrict, or otherwise mod- other enforcement actions on the basis of an plosives. ify any right of an authorized State official alleged violation of State or other law. (b) LIMITATIONS IN APPROPRIATIONS ACTS.— to proceed in State court, or take other en- (6) The Attorney General may administer The exercise of the authorities referred to in forcement actions, on the basis of an alleged and enforce subsection (a). subsection (a)(1) by the Bureau of Alcohol, violation of State or other law. (c) DEFINITIONS.—In this section: Tobacco, Firearms, and Explosives shall be ‘‘(5) Nothing in this chapter shall be con- (1) MASTER SETTLEMENT AGREEMENT.— The subject to the provisions of appropriations strued to expand, restrict, or otherwise mod- term ‘‘Master Settlement Agreement’’ Acts. ify any right of an authorized Indian Tribal means the agreement executed November 23, SEC. 7. INSPECTION BY BUREAU OF ALCOHOL, government official to proceed in Tribal 1998, by the Attorneys General of 46 States, TOBACCO, FIREARMS, AND EXPLO- court, or take other enforcement actions, on the District of Columbia, the Commonwealth SIVES OF RECORDS OF CERTAIN the basis of an alleged violation of Tribal of Puerto Rico, and four Territories of the CIGARETTE AND SMOKELESS TO- law. United States, on the one hand, and certain BACCO SELLERS. ‘‘(6) Nothing in this chapter shall be con- tobacco manufacturers on the other hand. (a) IN GENERAL.—Any officer of the Bureau strued to expand, restrict, or otherwise mod- (2) TOBACCO PRODUCT MANUFACTURER.—The of Alcohol, Tobacco, Firearms, and Explo- ify any right of an authorized local govern- term ‘‘Tobacco Product Manufacturer’’ has sives may, during normal business hours, ment official to proceed in State court, or the meaning given that term in section enter the premises of any person described in take other enforcement actions, on the basis II(uu) of the Master Settlement Agreement. subsection (b) for the purposes of inspect- of an alleged violation of local or other (3) IMPORTER.—The term ‘‘importer’’ means ing— law.’’. each of the following: (1) any records or information required to (h) CONFORMING AND CLERICAL AMEND- (A) Any person in the United States to be maintained by such person under the pro- MENTS.—(1) The section heading for section whom non-tax-paid tobacco products manu- visions of law referred to in subsection (d); or 2343 of that title is amended to read as fol- factured in a foreign country, Puerto Rico, (2) any cigarettes or smokeless tobacco lows: the Virgin Islands, or a possession of the kept or stored by such person at such prem- ‘‘§ 2343. Recordkeeping, reporting, and in- United States are shipped or consigned. ises. (b) COVERED PERSONS.—A person described spection’’. (B) Any person who removes cigars or cigarettes for sale or consumption in the United in this subsection is any person who engages (2) The section heading for section 2345 of in a delivery sale, and who ships, sells, dis- such title is amended to read as follows: States from a customs bonded manufacturing warehouse. tributes, or receives any quantity in excess ‘‘§ 2345. Effect on State, Tribal, and local law’’. (C) Any person who smuggles or otherwise of 10,000 cigarettes, or any quantity in excess (3) The table of sections at the beginning of unlawfully brings tobacco products into the of 500 single-unit consumer-sized cans or chapter 114 of that title is amended— United States. packages of smokeless tobacco, within a sin- (A) by striking the item relating to section (4) MODEL STATUTE; QUALIFYING STATUTE.— gle month. 2343 and inserting the following new item: The terms ‘‘Model Statute’’ and ‘‘Qualifying (c) RELIEF.—(1) The district courts of the ‘‘2343. Recordkeeping, reporting, and inspec- Statute’’ means a statute as defined in sec- United States shall have the authority in a tion.’’; tion IX(d)(2)(e) of the Master Settlement civil action under this subsection to compel and Agreement. inspections authorized by subsection (a). (2) Whoever violates subsection (a) or an (B) by striking the item relating to section (5) DELIVERY SALE.—The term ‘‘delivery 2345 and insert the following new item: sale’’ means any sale of cigarettes or smoke- order issued pursuant to paragraph (1) shall be subject to a civil penalty in an amount ‘‘2345. Effect on State, Tribal, and local less tobacco in interstate commerce to a consumer if— not to exceed $10,000 for each violation. law.’’. (d) COVERED PROVISIONS OF LAW.—The pro- (A) the consumer submits the order for (4)(A) The heading for chapter 114 of that visions of law referred to in this subsection such sale by means of a telephone or other title is amended to read as follows: are as follows: method of voice transmission, the mails, or (1) The Act of October 19, 1949 (15 U.S.C. ‘‘CHAPTER 114—TRAFFICKING IN CONTRA- the Internet or other online service, or the 375; commonly referred to as the ‘‘Jenkins BAND CIGARETTES AND SMOKELESS TO- seller is otherwise not in the physical pres- Act’’). BACCO’’. ence of the buyer when the request for pur- (2) Chapter 114 of title 18, United States (B) The table of chapters at the beginning chase or order is made; or Code. of part I of that title is amended by striking (B) the cigarettes or smokeless tobacco are (3) This Act. the item relating to section 114 and inserting delivered by use of a common carrier, pri- (e) DELIVERY SALE DEFINED.—In this sec- the following new item: vate delivery service, or the mails, or the tion, the term ‘‘delivery sale’’ has the mean- ‘‘114. Trafficking in contraband ciga- seller is not in the physical presence of the ing given that term in 2343(e)(1) of title 18, rettes and smokeless tobacco ...... 2341’’. buyer when the buyer obtains personal pos- United States Code, as amended by section SEC. 5. COMPLIANCE WITH MODEL STATUTE OR session of the delivered cigarettes or smoke- 4(b)(3) of this Act. QUALIFYING STATUTE. less tobacco. SEC. 8. COMPLIANCE WITH TARIFF ACT OF 1930. (a) IN GENERAL.—A Tobacco Product Manu- (6) INTERSTATE COMMERCE.—The term facturer or importer may not sell in, deliver ‘‘interstate commerce’’ means commerce be- (a) INAPPLICABILITY OF EXEMPTIONS FROM to, or place for delivery sale, or cause to be tween a State and any place outside the REQUIREMENTS FOR ENTRY OF CERTAIN CIGA- sold in, delivered to, or placed for delivery State, commerce between a State and any RETTES.—Subsection (b)(1) of section 802 of sale in, a State that is a party to the Master Indian lands in the State, or commerce be- the Tariff Act of 1930 (19 U.S.C. 1681a) is Settlement Agreement any cigarette manu- tween points in the same State but through amended by adding at the end the following factured by a Tobacco Product Manufacturer any place outside the State or through any new sentence: ‘‘The preceding sentence shall that is not in full compliance with the terms Indian lands. not apply to any cigarettes sold in connection with a delivery sale (as that term is de- of the Model Statute or Qualifying Statute SEC. 6. UNDERCOVER CRIMINAL INVESTIGA- enacted by such State requiring funds to be TIONS OF THE BUREAU OF ALCO- fined in section 1 of the Act of October 19, placed into a qualified escrow account under HOL, TOBACCO, FIREARMS, AND EX- 1949 (15 U.S.C. 375; commonly referred to as specified conditions, or any regulations pro- PLOSIVES. the ‘Jenkins Act’)).’’. mulgated pursuant to such terms. (a) IN GENERAL.—(1) Commencing as of the (b) STATE AND TRIBAL ACCESS TO CUSTOMS (b) JURISDICTION TO PREVENT AND RESTRAIN date of the enactment of this Act and with- CERTIFICATIONS.—Section 802 of that Act is VIOLATIONS.—(1) The United States district out fiscal year limitation, the authorities in further amended by adding at the end the courts shall have jurisdiction to prevent and section 102(b) of the Department of Justice following new subsection: restrain violations of subsection (a) in ac- and Related Agencies Appropriations Act, ‘‘(d) STATE AND TRIBAL ACCESS TO CUSTOMS cordance with this subsection. 1993 (title I of Public Law 102–395; 106 Stat. CERTIFICATIONS.—A State, through its attor- (2) A State, through its attorney general, 1838) shall be available to the Bureau of Al- ney general, and an Indian tribe (as that may bring an action in the United States cohol, Tobacco, Firearms, and Explosives for term is defined in the Indian Self-Determina- district courts to prevent and restrain viola- undercover investigative operations of the tion and Education Assistance Act (25 U.S.C. tions of subsection (a) by any person (or by Bureau which are necessary for the detection 450b(e)) through its chief law enforcement of- any person controlling such person). and prosecution of crimes against the United ficer, shall be entitled to obtain copies of (3) In any action under paragraph (2), a States. any certification required pursuant to sub- State, through its attorney general, shall be (2) For purposes of the exercise of the au- section (c) directly— entitled to reasonable attorney fees from a thorities referred to in paragraph (1) by the ‘‘(1) upon request to the agency of the person found to have willfully and knowingly Bureau, a reference in such section 102(b) to United States responsible for collecting such violated subsection (a). the Federal Bureau of Investigation shall be certification; or (4) The remedy available under paragraph deemed to be a reference to the Bureau of Al- ‘‘(2) upon request to the importer, manu- (2) is in addition to any other remedies avail- cohol, Tobacco, Firearms, and Explosives, facturer, or authorized official of such im- able under Federal, State, or other law. and a reference to the Director of the Fed- porter or manufacturer.’’. (5) Nothing in this subsection shall be con- eral Bureau of Investigation shall be deemed (c) ENFORCEMENT PROVISIONS.—Section 803 strued to prohibit an authorized State offi- to be a reference to the Director of the Bu- of such Act (19 U.S.C. 1681b) is amended—

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16212 CONGRESSIONAL RECORD — SENATE December 9, 2003 (1) in subsection (b)— Federal Cigarette Labeling and Advertising (5) any existing State or local government (A) in the first sentence— Act (15 U.S.C. 1335a)’’; authority to bring enforcement actions (i) by inserting ‘‘any of’’ before ‘‘the (ii) in paragraph (2), by inserting ‘‘or sec- against persons located in Indian Country. United States’’ the first and second places it tion 3 of the Comprehensive Smokeless To- (b) COORDINATION OF LAW ENFORCEMENT.— appears; and bacco Health Education Act of 1986 (15 U.S.C. Nothing in this Act or the amendments made (ii) by inserting before the period the fol- 4402), respectively,’’ after ‘‘section 4 of the by this Act shall be construed to inhibit or lowing: ‘‘, to any State in which such to- Federal Cigarette Labeling and Advertising otherwise affect any coordinated law en- bacco product, cigarette papers, or tube was Act (15 U.S.C. 1333)’’; and forcement effort by 1 or more States or other imported, or to the Indian Tribe of any In- (iii) in paragraph (3), by inserting ‘‘or sec- jurisdictions, including Indian Tribes, dian Country (as that term is defined in section 3(c) of the Comprehensive Smokeless through interstate compact or otherwise, tion 1151 of title 18, United States Code) in Tobacco Health Education Act of 1986 (15 that— which such tobacco product, cigarette pa- U.S.C. 4402(c)), respectively,’’ after ‘‘section (1) provides for the administration of to- pers, or tube was imported’’; and 4(c) of the Federal Cigarette Labeling and bacco product laws or laws pertaining to (B) in the second sentence, by inserting ‘‘, Advertising Act (15 U.S.C. 1333(c))’’; interstate sales or other sales of tobacco or to any State or Indian Tribe,’’ after ‘‘the (B) in subsection (b)— products; United States’’; and (i) in the paragraph caption of paragraph (2) provides for the seizure of tobacco prod- (2) by adding at the end the following new (1), by inserting ‘‘OR SMOKELESS TOBACCO’’ ucts or other property related to a violation subsection: after ‘‘CIGARETTES’’; and of such laws; or ‘‘(c) ACTIONS BY STATES AND OTHERS.— (ii) in the paragraph caption of paragraphs (3) establishes cooperative programs for ‘‘(1) IN GENERAL.—Any person who holds a (2) and (3), by inserting ‘‘OR SMOKELESS TO- the administration of such laws. permit under section 5712 of the Internal BACCO’’ after ‘‘CIGARETTES’’; and (c) TREATMENT OF STATE AND LOCAL GOV- Revenue Code of 1986 may bring an action in (C) in subsection (c)— ERNMENTS.—Notwithstanding any other pro- the United States district courts to prevent (i) in the subsection caption, by inserting vision of this Act, the provisions of this Act and restrain violations of this title by any ‘‘OR SMOKELESS TOBACCO’’ after ‘‘CIGA- are not intended and shall not be construed person (or by any person controlling such RETTE’’; to authorize, deputize, or commission States person), other than by a State, local, or Trib- (ii) in paragraph (1), by inserting ‘‘or sec- or local governments as instrumentalities of al government. tion 4 of the Comprehensive Smokeless To- the United States. ‘‘(2) RELIEF FOR STATE, LOCAL, AND TRIBAL bacco Health Education Act of 1986 (15 U.S.C. (d) ENFORCEMENT WITHIN INDIAN COUN- GOVERNMENTS.—A State, through its attor- 4403), respectively’’ after ‘‘section 7 of the TRY.—Nothing in this Act or the amend- ney general, or a local government or Tribe Federal Cigarette Labeling and Advertising ments made by this Act is intended to pro- through its chief law enforcement officer (or Act (15 U.S.C. 1335a)’’; hibit, limit, or restrict enforcement by the a designee thereof), may in a civil action (iii) in paragraph (2)(A), ‘‘or section 3 of Attorney General of the United States of the under this title to prevent and restrain vio- the Comprehensive Smokeless Tobacco provisions herein within Indian Country. lations of this title by any person (or by any Health Education Act of 1986 (15 U.S.C. 4402), (e) AMBIGUITY.—Any ambiguity between person controlling such person) or to obtain respectively,’’ after ‘‘section 4 of the Federal the language of this section or its applica- any other appropriate relief for violations of Cigarette Labeling and Advertising Act (15 tion, and any other provision of this Act this title by any person (or from any person U.S.C. 1333)’’; and shall be resolved in favor of this section. controlling such person), including civil pen- (iv) in paragraph (2)(B), by inserting ‘‘or SEC. 10. EFFECTIVE DATE. alties, money damages, and injunctive or section 3(c) of the Comprehensive Smokeless (a) IN GENERAL.—Except as provided in other equitable relief. Tobacco Health Education Act of 1986 (15 subsection (b), this Act shall take effect 90 ‘‘(3) CONSTRUCTION GENERALLY.— U.S.C. 4402(c)), respectively’’ after ‘‘section days after the date of the enactment of this ‘‘(A) IN GENERAL.—Nothing in this sub- 4(c) of the Federal Cigarette Labeling and Act. section shall be deemed to abrogate or con- Advertising Act (15 U.S.C. 1333(c))’’. (b) BATFE AUTHORITY.— stitute a waiver of any sovereign immunity (3) Section 803(c) of such Act, as amended (1) IN GENERAL.—Sections 6 and 7 shall take of a State or local government or Indian by subsection (b)(1) of this section, is further effect on the date of the enactment of this Tribe against any unconsented lawsuit under amended by inserting ‘‘, or any smokeless to- Act. this title or to otherwise restrict, expand, of bacco product,’’ after ‘‘or tube’’ the first (2) DEFINITION.—For purposes of section 7, modify any sovereign immunity of a State place it appears. the definition of delivery sale in section local government or Indian Tribe. (4)(A) The heading of title VIII of such Act 2343(e)(1) of title 18, United States Code, as ‘‘(B) CONSTRUCTION WITH OTHER RELIEF.— is amended by inserting ‘‘AND SMOKELESS amended by section 4(b)(3) of this Act, shall The remedies available under this subsection TOBACCO’’ after ‘‘CIGARETTES’’. take effect on the date of the enactment of are in addition to any other remedies avail- (B) The heading of section 802 of such Act this Act. able under Federal, State, local, Tribal, or is amended by inserting ‘‘AND SMOKELESS other law. TOBACCO’’ after ‘‘CIGARETTES’’. Passed the Senate December 9, 2003. ‘‘(4) CONSTRUCTION WITH FORFEITURE PROVI- SEC. 9. EXCLUSIONS REGARDING INDIAN TRIBES f AND TRIBAL MATTERS. SIONS.—Nothing in this subsection shall be construed to require a State or Indian Tribe (a) IN GENERAL.—Nothing in this Act or MAKING FURTHER CONTINUING to first bring an action pursuant to para- the amendments made by this Act is in- APPROPRIATIONS FOR FISCAL graph (1) when pursuing relief under sub- tended nor shall be construed to affect, YEAR 2004 amend, or modify— section (b). Mr. FRIST. Mr. President, I ask ‘‘(d) CONSTRUCTION WITH OTHER AUTHORI- (1) any agreements, compacts, or other TIES.— intergovernmental arrangements between unanimous consent that the Senate ‘‘(1) STATE AUTHORITIES.—Nothing in this any State or local government and any gov- proceed to the consideration of H.J. title shall be construed to expand, restrict, ernment of an Indian tribe (as that term is Res. 82, making technical corrections or otherwise modify the right of an author- defined in the Indian Self-Determination and to the continuing resolution. I further Education Assistance Act (25 U.S.C. 450b(e)) ized State official from proceeding in State ask unanimous consent that the joint court, or taking other enforcement actions, relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian resolution be read the third time and on the basis of alleged violation of State or passed and the motion to reconsider be other law. Country (as that term is defined section 1151 laid upon the table. ‘‘(2) TRIBAL AUTHORITIES.—Nothing in this of title 18, United States Code); title shall be construed to expand, restrict, (2) any State laws that authorize or other- The PRESIDING OFFICER. Without or otherwise modify the right of an author- wise pertain to any such intergovernmental objection, it is so ordered. ized Indian Tribal government official from arrangements or create special rules or pro- The joint resolution (H.J. Res. 82) proceeding in Tribal court, or taking other cedures for the collection of State, local, or was read the third time and passed. enforcement actions, on the basis of alleged tribal taxes on cigarettes or smokeless to- f violation of Tribal law. bacco sold in Indian Country; (d) INCLUSION OF SMOKELESS TOBACCO.—(1) (3) any limitations under existing Federal FUNDING TO ASSIST IN MEETING law, including Federal common law and trea- Sections 802 and 803(a) of such Act are fur- OFFICIAL EXPENSES ther amended by inserting ‘‘or smokeless to- ties, on State, local, and tribal tax and regu- bacco products’’ after ‘‘cigarettes’’ each latory authority with respect to the sale, Mr. FRIST. Mr. President, I ask place it appears. use, or distribution of cigarettes and smoke- unanimous consent that the Senate (2) Section 802 of such Act is further less tobacco by or to Indian Tribes or tribal proceed to the immediate consider- amended— members or in Indian Country; ation of S. Res. 282, submitted earlier (A) in subsection (a)— (4) any existing Federal law, including (i) in paragraph (1), by inserting ‘‘or sec- Federal common law and treaties, regarding today by Senator STEVENS. tion 4 of the Comprehensive Smokeless To- State jurisdiction, or lack thereof, over any The PRESIDING OFFICER. The bacco Health Education Act of 1986 (15 U.S.C. Tribe, tribal members or tribal reservations; clerk will report the resolution by 4403), respectively’’ after ‘‘section 7 of the and title.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16213 The legislative clerk read as follows: Whereas the Federal Communications The legislative clerk read as follows: A resolution (S. Res. 282) providing the Commission is charged with enforcing stand- A concurrent resolution (H. Con. Res. 345) funding to assist in meeting the official ex- ards of decency in broadcast media; authorizing the printing as a House docu- penses of a preliminary meeting relative to Whereas the Federal Communications ment of the transcripts of the proceedings of the formation of a United States Senate- Commission established a standard defining ‘‘The Changing Nature of the House Speaker- China interparliamentary group. what constitutes indecency in the declara- ship: The Cannon Centenary Conference,’’ tory order In the Matter of a Citizen’s Com- There being no objection, the Senate sponsored by the Congressional Research plaint Against Pacifica Foundation Station Service on November 12, 2003. proceeded to consider the resolution. WBAI(FM), 56 F.C.C.2d 94 (1975) (referred to Mr. FRIST. Mr. President, I ask in this Resolution as the ‘‘Pacifica order’’); There being no objection, the Senate unanimous consent that the resolution Whereas the Federal Communications proceeded to consider the concurrent be agreed to; that the motion to recon- Commission has not used all of its available resolution. sider be laid upon the table; and that authority to impose penalties on broad- Mr. FRIST. I ask unanimous consent any statements relating to this resolu- casters that air indecent material even when that the concurrent resolution be egregious and repeated violations have been tion be printed in the RECORD. agreed to, the motion to reconsider be found in the cases of WKRK–FM, Detroit, MI, laid upon the table, and that any state- The PRESIDING OFFICER. Without File No. EB–02–IH–0109 (Apr. 3, 2003) and objection, it is so ordered. WNEW–FM, New York, New York, EB–02–IH– ments relating to the concurrent reso- The resolution (S. Res. 282) was 0685 (Sept. 30, 2003). lution be printed in the RECORD. agreed to, as follows: Whereas the standard established in the The PRESIDING OFFICER. Without S. RES. 282 Pacifica order focuses on protecting children objection, it is so ordered. from exposure to indecent language; Resolved, That— The concurrent resolution (H. Con. Whereas the standard established in the (1) there is authorized within the contin- Res. 345) was agreed to. Pacifica order was upheld as constitutional gent fund of the Senate under the appropria- f by the United States Supreme Court in Fed- tion account ‘‘MISCELLANEOUS ITEMS’’ $75,000 eral Communications Commission v. DEATH OF SENATOR PAUL SIMON for fiscal year 2004 to assist in meeting the Pacifica Foundation, 438 U.S. 726 (1978); official expenses of a preliminary meeting Mr. FRIST. I ask unanimous consent Whereas the Enforcement Bureau of the relative to the formation of a United States Federal Communications Commission has re- that the Senate proceed to the imme- Senate-China interparliamentary group in- fused to sanction the airing of indecent lan- diate consideration of S. Res. 281, a cluding travel, per diem, conference room ex- guage during the broadcast of the Golden sense-of-the-Senate resolution sub- penses, hospitality expenses, and food and Globe Awards, at a time when millions of mitted earlier today by Senators FITZ- food-related expenses; children were in the potential audience; and (2) such expenses shall be paid on vouchers GERALD, DURBIN, myself, and Senator Whereas as of December 2003, an applica- to be approved by the President pro tempore DASCHLE. tion for review is pending before the Federal of the Senate; and The PRESIDING OFFICER. The Communications Commission, requesting (3) the Secretary of the Senate is author- clerk will report the resolution by that the full Commission review that deci- ized to advance such sums as necessary to title. sion of the Enforcement Bureau: Now, there- carry out this resolution. fore, be it The legislative clerk read as follows: f (1) the Federal Communications Commis- A resolution (S. Res. 281) relative to the sion should return to vigorously and expedi- death of the Honorable Paul Simon, a former PROTECTING CHILDREN FROM Senator from the State of Illinois. INDECENT PROGRAMMING tiously enforcing its own United States Su- preme Court-approved standard for inde- There being no objection, the Senate Mr. FRIST. Mr. President, I ask cency in broadcast media, as established in proceeded to consider the resolution. unanimous consent that the Senate the declaratory order In the Matter of a Citi- Mr. FRIST. I ask unanimous consent proceed to the immediate consider- zen’s Complaint Against Pacifica Founda- that the resolution be agreed to, the ation S. Res. 283, a sense-of-the-Senate tion Station WBAI(FM), 56 F.C.C.2d 94 (1975); preamble be agreed to, the motions to resolution submitted earlier today by (2) the Federal Communications Commis- sion should reassert its responsibility as de- reconsider be laid upon the table, and Senator SESSIONS. fender of the public interest by undertaking that any statements relating to this The PRESIDING OFFICER. The new and serious efforts to sanction broadcast matter be printed in the RECORD. clerk will report the resolution by licensees that refuse to adhere to the stand- The PRESIDING OFFICER. Without title. ard established in that order; objection, it is so ordered. The legislative clerk read as follows: (3) the Federal Communications Commis- The resolution (S. Res. 281) was A resolution (S. Res. 283) affirming the sion should make every reasonable and law- agreed to. need to protect children in the United States ful effort to protect children from the de- The preamble was agreed to. from indecent programming. grading influences of indecent programming; The resolution, with its preamble, (4) The Federal Communications Commis- There being no objection, the Senate sion should use all of its available authority reads as follows: proceeded to consider the resolution. to protect the public from indecent broad- S. RES. 281 Mr. FRIST. Mr. President, I ask casts including: (1) the discretion to impose Whereas the Honorable Paul Simon at the unanimous consent that the resolution fines up to a statutory maximum for each age of 19 became the nation’s youngest edi- be agreed to; that the preamble be separate ‘‘utterance’’ or ‘‘material’’ found to tor-publisher when he accepted a Lion’s Club agreed to; that the motions to recon- be indecent; and (2) the initiation of license challenge to save the Troy Tribune in Troy, sider be laid upon the table; and that revocation proceedings for repeated viola- Illinois, and built a chain of 13 newspapers in tions of its indecency rules; any statements relating to the resolu- southern and central Illinois; (5) The Federal Communications Commis- Whereas the Honorable Paul Simon used tion be printed in the RECORD. sion should resolve all indecency complaints his newspaper to expose criminal activities, The PRESIDING OFFICER. Without expeditiously; and should consider reviewing and in 1951, at age 22, was called as a key objection, it is so ordered. such companies at the full Commission level; witness to testify before the U.S. Senate’s The resolution (S. Res. 283) was and Crime Investigating Committee; agreed to. (6) The Federal Communications Commis- Whereas the Honorable Paul Simon served sion should aggressively investigate and en- in the Illinois legislature for 14 years, win- The preamble was agreed to. force all indecency allegations. The resolution, with its preamble, ning the Independent Voters of Illinois’ reads as follows: f ‘‘Best Legislator Award’’ every session; THE CHANGING NATURE OF THE Whereas the Honorable Paul Simon was S. RES. 283 elected lieutenant governor in 1968 and was Whereas millions of people in the United HOUSE SPEAKERSHIP: THE CAN- the first in Illinois’ history to be elected to States are increasingly concerned with the NON CENTENARY CONFERENCE that post with a governor of another party; patently offensive television and radio pro- Mr. FRIST. Mr. President, I ask Whereas the Honorable Paul Simon served gramming being sent into their homes; unanimous consent that the Senate Illinois in the United States House of Rep- Whereas millions of families in the United proceed to the immediate consider- resentatives and the United States Senate States are particularly concerned with the with devotion and distinction; adverse impact of this programming on chil- ation of H. Con. Res. 345 which is at the Whereas the Honorable Paul Simon is the dren; desk. only individual to have served in both the Il- Whereas indecent and offensive program- The PRESIDING OFFICER. The linois House of Representatives and the Illi- ming is contributing to a dramatic coars- clerk will report the concurrent resolu- nois Senate, and the U.S. House of Rep- ening of civil society of the United States; tion by title. resentatives and U.S. Senate.

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S16214 CONGRESSIONAL RECORD — SENATE December 9, 2003 Whereas the Honorable Paul Simon was ference report. Earlier today, I filed a JAMES L. ROBART, OF WASHINGTON, TO BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT the founder and director of the Public Policy cloture motion on that conference re- OF WASHINGTON, VICE THOMAS S. ZILLY, RETIRING. Institute at Southern Illinois University in port. That vote will occur at 3 p.m. on DEPARTMENT OF JUSTICE Carbondale, Illinois, and taught there for Tuesday, January 20. That vote will be more than six years in the service of the RONALD J. TENPAS, OF ILLINOIS, TO BE UNITED the first vote of the second session. It STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF IL- youth of our Nation; LINOIS FOR A TERM OF FOUR YEARS, VICE MIRIAM F. Whereas the Honorable Paul Simon wrote is my hope and expectation that clo- MIQUELON, RESIGNED. ture will be invoked and we will be able over 20 books and held over 50 honorary de- IN THE AIR FORCE grees; to complete action on the appropria- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas the Honorable Paul Simon was an tions process early that day. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- unapologetic champion of the less fortunate I want to wish everyone a happy and CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE and a constant example of caring and hon- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION a safe holiday season. I again want to 601: esty in public service; thank all of those people who support TO BE LIEUTENANT GENERAL Whereas his efforts on behalf of Illinoisans us in this Chamber in our day-to-day and all Americans earned him the esteem activities for all of their assistance MAJ. GEN. THOMAS L. BAPTISTE, 0000 and high regard of his colleagues; and throughout the year. From the pages THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas his tragic death has deprived his IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- State and Nation of an outstanding law- to the clerks, the doorkeepers, the po- CATED UNDER TITLE 10, U.S.C., SECTION 601: maker and public servant: Now, therefore, be lice men and women and everyone who TO BE LIEUTENANT GENERAL it is part of the Senate family, I do say MAJ. GEN. DONALD J. WETEKAM, 0000 Resolved, That the Senate has heard with thank you for your efforts in keeping DEPARTMENT OF COMMERCE profound sorrow and deep regret the an- this institution functioning. nouncement of the death of the Honorable RHONDA KEENUM, OF MISSISSIPPI, TO BE ASSISTANT Lastly, let me thank the Democratic SECRETARY OF COMMERCE AND DIRECTOR GENERAL OF Paul Simon, a former Senator from the leader for his assistance throughout THE UNITED STATES AND FOREIGN COMMERCIAL SERV- State of Illinois. the year. Although we have not always ICES, VICE MARIA CINO, RESIGNED. Resolved, That the Secretary of the Senate agreed on policy—as a matter of fact, f communicate these resolutions to the House of Representatives and transmit an enrolled we have disagreed frequently on pol- CONFIRMATIONS copy thereof to the family of the deceased. icy—I believe we have been able to communicate forthrightly with one an- Executive Nominations Confirmed by Resolved, That when the Senate adjourns the Senate December 9, 2003: today, it stand adjourned as a further mark other. As they say, we agree to dis- of respect to the memory of the deceased agree. I appreciate the candor of all of THE JUDICIARY former Senator. those conversations. To all of the Mem- BRUCE E. KASOLD, OF VIRGINIA, TO BE A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR VET- f bers, I thank them for their coopera- ERANS CLAIMS FOR THE TERM PRESCRIBED BY LAW. tion throughout the year. I wish all of AFRICAN DEVELOPMENT FOUNDATION ORDERS FOR TUESDAY, JANUARY our colleagues and their families a 20, 2004 EPHRAIM BATAMBUZE, OF ILLINOIS, TO BE A MEMBER very happy holiday. OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- Mr. FRIST. Mr. President, I ask OPMENT FOUNDATION FOR A TERM EXPIRING FEBRUARY f 9, 2008. unanimous consent that when the Sen- JOHN W. LESLIE, JR., OF CONNECTICUT, TO BE A MEM- ate completes its business today, it ad- ADJOURNMENT SINE DIE BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- VELOPMENT FOUNDATION FOR A TERM EXPIRING SEP- journ sine die under the provisions of Mr. FRIST. If there is no further TEMBER 22, 2007. H. Con. Res. 339. I further ask consent business to come before the Senate, I DEPARTMENT OF LABOR that when the Senate returns on Tues- ask that the Senate stand in adjourn- HOWARD RADZELY, OF MARYLAND, TO BE SOLICITOR day, January 20, as provided under H.J. ment under the provisions of H. Con. FOR THE DEPARTMENT OF LABOR. Res. 80, it reconvene at 12 noon. I fur- Res. 339, and in accordance with S. Res. DEPARTMENT OF THE INTERIOR 281 as a further mark of respect for our ther ask that following the prayer and DAVID WAYNE ANDERSON, OF MINNESOTA, TO BE AN pledge, the morning hour be deemed deceased former colleague, Senator ASSISTANT SECRETARY OF THE INTERIOR. expired, the Journal of proceedings be Paul Simon. DEPARTMENT OF TRANSPORTATION approved to date, the time for the two There being no objection, at 7:33 KARAN K. BHATIA, OF MARYLAND, TO BE AN ASSIST- leaders be reserved for their use later p.m., the Senate adjourned sine die. ANT SECRETARY OF TRANSPORTATION. in the day and the Senate then resume f METROPOLITAN WASHINGTON AIRPORTS AUTHORITY consideration of the conference report NOMINATIONS to accompany H.R. 2673, the omnibus CHARLES DARWIN SNELLING, OF PENNSYLVANIA, TO appropriations language; provided that Executive nominations received by BE A MEMBER OF THE BOARD OF DIRECTORS OF THE the Senate December 9, 2003: METROPOLITAN WASHINGTON AIRPORTS AUTHORITY the time until 12:30 p.m. be equally di- FOR THE REMAINDER OF THE TERM EXPIRING MAY 30, vided between the chairman and rank- DEPARTMENT OF THE TREASURY 2006. ing member of the Appropriations SAMUEL W. BODMAN, OF MASSACHUSETTS, TO BE DEP- DEPARTMENT OF STATE UTY SECRETARY OF THE TREASURY, VICE KENNETH W. Committee or their designees for de- DAM, RESIGNED. EDWARD B. O’DONNELL, JR., OF TENNESSEE, A CAREER bate only. I further ask consent that ROBERT JEPSON, OF GEORGIA, TO BE A MEMBER OF MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE INTERNAL REVENUE SERVICE OVERSIGHT BOARD COUNSELOR, FOR THE RANK OF AMBASSADOR DURING the Senate recess from 12:30 p.m. to 2:15 FOR A TERM EXPIRING SEPTEMBER 14, 2008, VICE KAREN HIS TENURE OF SERVICE AS SPECIAL ENVOY FOR HOLO- p.m. for the weekly party luncheons. I HASTIE WILLIAMS, TERM EXPIRED. CAUST ISSUES. PAUL JONES, OF COLORADO, TO BE A MEMBER OF THE JON R. PURNELL, OF MASSACHUSETTS, A CAREER further ask consent that the time from INTERNAL REVENUE SERVICE OVERSIGHT BOARD FOR A MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 2:15 p.m. to 2:50 p.m. be equally divided TERM EXPIRING SEPTEMBER 14, 2008, VICE CHARLES L. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND KOLBE, TERM EXPIRED. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA in the aforementioned manner with the CHARLES L. KOLBE, OF IOWA, TO BE A MEMBER OF THE TO THE REPUBLIC OF UZBEKISTAN. time from 2:50 p.m. to 3 p.m. equally di- INTERNAL REVENUE SERVICE OVERSIGHT BOARD FOR MARGARET DEBARDELEBEN TUTWILER, OF ALABAMA, THE REMAINDER OF THE TERM EXPIRING SEPTEMBER 14, TO BE UNDER SECRETARY OF STATE FOR PUBLIC DIPLO- vided between the two leaders or their 2004, VICE STEVE H. NICKLES, RESIGNED. MACY. designees for debate only; provided DONALD KORB, OF OHIO, TO BE CHIEF COUNSEL FOR LOUISE V. OLIVER, OF THE DISTRICT OF COLUMBIA, THE INTERNAL REVENUE SERVICE AND AN ASSISTANT FOR THE RANK OF AMBASSADOR DURING HER TENURE that at 3 p.m. the Senate proceed to a GENERAL COUNSEL IN THE DEPARTMENT OF THE OF SERVICE AS THE UNITED STATES PERMANENT REP- cloture vote on the conference report TREASURY, VICE B. JOHN WILLIAMS, JR. RESENTATIVE TO THE UNITED NATIONS EDUCATIONAL, BRIAN CARLTON ROSEBORO, OF NEW JERSEY, TO BE AN SCIENTIFIC, AND CULTURAL ORGANIZATION. as provided under the previous order. UNDER SECRETARY OF THE TREASURY, VICE PETER R. WILLIAM J. HUDSON, OF VIRGINIA, A CAREER MEMBER FISHER, RESIGNED. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- The PRESIDING OFFICER. Without COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND objection, it is so ordered. DEPARTMENT OF LABOR PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF TUNISIA. f LISA KRUSKA, OF VIRGINIA, TO BE AN ASSISTANT SEC- MARGARET SCOBEY, OF TENNESSEE, A CAREER MEM- RETARY OF LABOR, VICE KATHLEEN M. HARRINGTON. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- PROGRAM DEPARTMENT OF JUSTICE ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Mr. FRIST. Mr. President, the Sen- LAFAYETTE COLLINS, OF TEXAS, TO BE UNITED OF AMERICA TO THE SYRIAN ARAB REPUBLIC. STATES MARSHAL FOR THE WESTERN DISTRICT OF THOMAS THOMAS RILEY, OF CALIFORNIA, TO BE AM- ate will convene the second session of TEXAS FOR THE TERM OF FOUR YEARS, VICE JACK O. BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the 108th Congress on Tuesday, Janu- DEAN. THE UNITED STATES OF AMERICA TO THE KINGDOM OF THE JUDICIARY MOROCCO. ary 20, 2004. When the Senate recon- JACKIE WOLCOTT SANDERS, FOR THE RANK OF AMBAS- venes, we will begin and resume debate PETER W. HALL, OF VERMONT, TO BE UNITED STATES SADOR DURING HER TENURE OF SERVICE AS UNITED CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE FRED I. STATES REPRESENTATIVE TO THE CONFERENCE ON DIS- on the omnibus appropriations con- PARKER, DECEASED. ARMAMENT AND THE SPECIAL REPRESENTATIVE OF

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THE PRESIDENT OF THE UNITED STATES FOR NON-PRO- PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- ELECTION ASSISTANCE COMMISSION LIFERATION OF NUCLEAR WEAPONS. PIRING JANUARY 31, 2008. MARY KRAMER, OF IOWA, TO BE AMBASSADOR EX- PAUL S. DEGREGORIO, OF MISSOURI, TO BE A MEMBER TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED DEPARTMENT OF THE TREASURY OF THE ELECTION ASSISTANCE COMMISSION FOR A STATES OF AMERICA TO BARBADOS AND TO SERVE CON- TERM OF TWO YEARS. CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION ARNOLD I. HAVENS, OF VIRGINIA, TO BE GENERAL GRACIA M. HILLMAN, OF THE DISTRICT OF COLUMBIA, AS AMBASSADOR EXTRAORDINARY AND PLENI- COUNSEL FOR THE DEPARTMENT OF THE TREASURY. TO BE A MEMBER OF THE ELECTION ASSISTANCE COM- POTENTIARY OF THE UNITED STATES OF AMERICA TO MISSION FOR A TERM OF TWO YEARS. ST. KITTS AND NEVIS, SAINT LUCIA, ANTIGUA AND BAR- OFFICE OF SPECIAL COUNSEL RAYMUNDO MARTINEZ III, OF TEXAS, TO BE A MEMBER BUDA, THE COMMONWEALTH OF DOMINICA, GRENADA, SCOTT J. BLOCH, OF KANSAS, TO BE SPECIAL COUNSEL, OF THE ELECTION ASSISTANCE COMMISSION FOR A AND SAINT VINCENT AND THE GRENADINES. OFFICE OF SPECIAL COUNSEL, FOR THE TERM OF FIVE TERM OF FOUR YEARS. TIMOTHY JOHN DUNN, OF ILLINOIS, A CAREER MEMBER YEARS. DEFOREST B. SOARIES, JR., OF NEW JERSEY, TO BE A OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- MEMBER OF THE ELECTION ASSISTANCE COMMISSION SELOR, FOR THE RANK OF AMBASSADOR DURING HIS FOR A TERM OF FOUR YEARS. TENURE OF SERVICE AS DEPUTY PERMANENT REP- FEDERAL DEPOSIT INSURANCE CORPORATION RESENTATIVE TO THE ORGANIZATION OF AMERICAN THOMAS J. CURRY, OF MASSACHUSETTS, TO BE A MEM- THE JUDICIARY STATES. BER OF THE BOARD OF DIRECTORS OF THE FEDERAL DE- JAMES CURTIS STRUBLE, OF CALIFORNIA, A CAREER D. MICHAEL FISHER, OF PENNSYLVANIA, TO BE UNITED POSIT INSURANCE CORPORATION FOR A TERM OF SIX STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF YEARS. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEPARTMENT OF JUSTICE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FEDERAL HOUSING FINANCE BOARD OF AMERICA TO THE REPUBLIC OF PERU. JAMES B. COMEY, OF NEW YORK, TO BE DEPUTY AT- INTER-AMERICAN DEVELOPMENT BANK ALICIA R. CASTANEDA, OF THE DISTRICT OF COLUM- TORNEY GENERAL. BIA, TO BE A DIRECTOR OF THE FEDERAL HOUSING FI- FEDERICO LAWRENCE ROCHA, OF CALIFORNIA, TO BE HECTOR E. MORALES, OF TEXAS, TO BE UNITED NANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2004. UNITED STATES MARSHAL FOR THE NORTHERN DIS- STATES ALTERNATE EXECUTIVE DIRECTOR OF THE ALICIA R. CASTANEDA, OF THE DISTRICT OF COLUM- TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS. INTER-AMERICAN DEVELOPMENT BANK. BIA, TO BE A DIRECTOR OF THE FEDERAL HOUSING FI- NANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2011. THE JUDICIARY DEPARTMENT OF STATE THE ABOVE NOMINATIONS WERE APPROVED SUBJECT LAWRENCE B. HAGEL, OF VIRGINIA, TO BE A JUDGE OF MARGUERITA DIANNE RAGSDALE, OF VIRGINIA, A CA- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE UNITED STATES COURT OF APPEALS FOR VET- REER MEMBER OF THE SENIOR FOREIGN SERVICE, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ERANS CLAIMS FOR THE TERM PRESCRIBED BY LAW. CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- CONSTITUTED COMMITTEE OF THE SENATE. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CORPORATION FOR NATIONAL AND COMMUNITY OF AMERICA TO THE REPUBLIC OF DJIBOUTI. DEPARTMENT OF STATE SERVICE STUART W. HOLLIDAY, OF TEXAS, TO BE ALTERNATE DAVID C. MULFORD, OF ILLINOIS, TO BE AMBASSADOR REPRESENTATIVE OF THE UNITED STATES OF AMERICA DAVID EISNER, OF MARYLAND, TO BE CHIEF EXECU- EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOR SPECIAL POLITICAL AFFAIRS IN THE UNITED NA- TIVE OFFICER OF THE CORPORATION FOR NATIONAL UNITED STATES OF AMERICA TO INDIA. TIONS, WITH THE RANK OF AMBASSADOR. AND COMMUNITY SERVICE. JAMES C. OBERWETTER, OF TEXAS, TO BE AMBAS- CAROL KINSLEY, OF MASSACHUSETTS, TO BE A MEM- DEPARTMENT OF HEALTH AND HUMAN SERVICES SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BER OF THE BOARD OF DIRECTORS OF THE CORPORA- THE UNITED STATES OF AMERICA TO THE KINGDOM OF TION FOR NATIONAL AND COMMUNITY SERVICE FOR A JENNIFER YOUNG, OF OHIO, TO BE AN ASSISTANT SEC- SAUDI ARABIA. RETARY OF HEALTH AND HUMAN SERVICES. TERM EXPIRING OCTOBER 6, 2006. MICHAEL O’GRADY, OF MARYLAND, TO BE AN ASSIST- EXPORT-IMPORT BANK OF THE UNITED STATES NATIONAL MEDIATION BOARD ANT SECRETARY OF HEALTH AND HUMAN SERVICES. CHEMICAL SAFETY AND HAZARD INVESTIGATION JOSEPH MAX CLELAND, OF GEORGIA, TO BE A MEMBER READ VAN DE WATER, OF NORTH CAROLINA, TO BE A OF THE BOARD OF DIRECTORS OF THE EXPORT-IMPORT MEMBER OF THE NATIONAL MEDIATION BOARD FOR A BOARD BANK OF THE UNITED STATES FOR A TERM EXPIRING TERM EXPIRING JULY 1, 2006. JANUARY 20, 2007. RIXIO ENRIQUE MEDINA, OF OKLAHOMA, TO BE A MEM- DEPARTMENT OF LABOR BER OF THE CHEMICAL SAFETY AND HAZARD INVES- APRIL H. FOLEY, OF NEW YORK, TO BE FIRST VICE TIGATION BOARD FOR A TERM OF FIVE YEARS. PRESIDENT OF THE EXPORT-IMPORT BANK OF THE STEVEN J. LAW, OF THE DISTRICT OF COLUMBIA, TO BE UNITED STATES FOR THE REMAINDER OF THE TERM EX- DEPUTY SECRETARY OF LABOR. DEPARTMENT OF TRANSPORTATION PIRING JANUARY 20, 2005. f JEFFREY A. ROSEN, OF VIRGINIA, TO BE GENERAL THE JUDICIARY COUNSEL OF THE DEPARTMENT OF TRANSPORTATION. CORPORATION FOR PUBLIC BROADCASTING GEORGE W. MILLER, OF VIRGINIA, TO BE A JUDGE OF WITHDRAWAL THE UNITED STATES COURT OF FEDERAL CLAIMS FOR ELIZABETH COURTNEY, OF LOUISIANA, TO BE A MEM- THE TERM OF FIFTEEN YEARS. Executive message transmitted by BER OF THE BOARD OF DIRECTORS OF THE CORPORA- the President to the Senate on Decem- TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING UNITED STATES SENTENCING COMMISSION JANUARY 31, 2010. ber 9, 2003, withdrawing from further WILLIAM K. SESSIONS III, OF VERMONT, TO BE A MEM- ELIZABETH COURTNEY, OF LOUISIANA, TO BE A MEM- BER OF THE UNITED STATES SENTENCING COMMISSION Senate consideration the following BER OF THE BOARD OF DIRECTORS OF THE CORPORA- FOR A TERM EXPIRING OCTOBER 31, 2009. TION FOR PUBLIC BROADCASTING FOR THE REMAINDER nomination: OF THE TERM EXPIRING JANUARY 31, 2004. DEPARTMENT OF JUSTICE SUSAN C. SCHWAB, OF MARYLAND, TO DEPARTMENT OF COMMERCE BE DEPUTY SECRETARY OF THE TREAS- DAVID L. HUBER, OF KENTUCKY, TO BE UNITED STATES CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A ATTORNEY FOR THE WESTERN DISTRICT OF KENTUCKY URY, WHICH WAS SENT TO THE SENATE MEMBER OF THE BOARD OF DIRECTORS OF THE COR- FOR THE TERM OF FOUR YEARS. ON JULY 17, 2003.

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A TRIBUTE TO ROBERT AND KAY the Schattner gift and the move of the JPDS– Kay Schattner, who grew up in Wash- SCHATTNER AND THE JEWISH NC. ington, D.C., has a background in the media, PRIMARY DAY SCHOOL [From the Washington Jewish Week] having worked on a one-hour daily radio broadcast called ‘‘Kay’s Korner’’from 1953 to JPDS GETS $2 MILLION GIFT DONATION, IS BE- 1961. The show earned her the title of Na- THESDA COUPLE’S LARGEST TO JEWISH HON. CHRIS VAN HOLLEN tional Radio Star of the Year in 1959. CAUSE OF MARYLAND She also worked for the Washington Daily (By Teddy Kider) IN THE HOUSE OF REPRESENTATIVES News, writing the ‘‘Gourmet Guide’’ dining Robert and Kay Schattner have had quite a supplement from 1960 to 1969 and producing Monday, December 8, 2003 year. Twenty minutes after students and of- columns for the paper from 1960–1970. Mr. VAN HOLLEN. Mr. Speaker, I rise today ficials of the Jewish Primary Day School of A member of the Academy of Television the Nation’s Capital (JPDS–NC) raised the Arts & Sciences and of American Women in to call the attention of the House of Rep- flag and hung mezuzot at their new home in Radio & Television, Kay Schattner also did resentatives to the upcoming dedication of the the District last week, the Bethesda couple interviews for Curtis Circulations, which en- new home in Washington, D.C. of the Jewish signed on to contribute $2 million to the fa- abled her to be the self-proclaimed ‘‘only Primary Day School of the Nation’s Capital cility, naming it the Kay and Robert person to interview Robert Kennedy and (JPDS–NC) and to pay tribute to the contribu- Schattner Center. Jimmy Hoffa in the same afternoon.’’ tions of Dr. Robert and Kay Schattner in ena- The facility, the former Owl School on 16th Robert Schattner grew up in Bronx, N.Y., bling JPDS–NC to dedicate their new home. Street N.W. in the District, provided JPDS– and earned a bachelor’s degree in chemistry NC with its first permanent home in the Dis- On Sunday, December 21 JPDS–NC com- from the City University of New York before trict since the school became independent of going to Penn’s dentistry school. munity will dedicate their new building at 6045 Adas Israel Congregation in 1999. While practicing dentistry in Queens, N.Y., 16th St., NW, Washington, DC. After a three ‘‘What interested us most is the school ac- he developed Chloraseptic, a throat spray. year hiatus JPDS–NC has returned to Wash- commodates all sectors of Judaic affiliations After 10 years in private practice, Schattner ington, DC. This makes JPDS–NC the only and backgrounds,’’ said Robert Schattner. created The Chloraseptic Company and Jewish Day school in our Nation’s Capital. ‘‘You can be chasidic or Reform, and the moved to the District, where he sold the rev- JPDS–NC is an independent, pluralistic, co- school will take you and accommodate you.’’ olutionary product to The Norwich The Schattners’ gift to JPDS–NC comes educational Jewish day school for students in Pharmacal Company. less than one year after the Nov. 1 dedication Robert Schattner now serves as president pre-kindergarten through sixth grade. of the Robert Schattner Center at the Uni- of Sporicidin International, which develops It is particularly fitting that this Jewish day versity of Pennsylvania in Philadelphia. medical, dental and household antimicrobial school is moving to this address because this The Schattners’ contribution, the largest products, and he’s been involved in several same building was constructed to be the home in the history of Penn’s dental school, pro- attempts to purchase sports teams in the of the Hebrew Academy from 1951–1976. vided the campus with a $22 million, 70,000- area or move teams to the area. JPDS–NC will add greatly to the cultural rich- square-foot building that connected two pre- Recently, Schattner introduced Masticide, viously built structures and created the larg- a new product that treats mastitis, or the in- ness and diversity of the Nation’s Capital. est dental school facility in the United It is particularly pleasing to recognize and flammation of a cow’s utter, and is supposed States. Robert Schattner is an alumnus of to help farmers who annually lose about $3 pay tribute to my constituents Robert and Kay the dental school. billion due to mastitis in their herds. Schattner’s for helping make this new building With the finishing touches still being com- While Robert Schattner has been honored possible. Their $2 million contribution to this pleted in Philadelphia, the Schattners were for his work outside of the office by the As- school building facilitated JPDS–NC moving reluctant to take on another project. sociation for Physical and Mental Rehabili- back into the District. When this building is ‘‘We just have too many involvements,’’ tation, the President’s Committee for Phys- said Robert Schattner. ical and Mental Rehabilitation and the Co- dedicated later this month it will be named the Last spring, the Schattners were ap- lumbia Lighthouse for the Blind, his wife has Kay and Robert Schattner Center. proached by Lisa Silver, a friend who has worked with numerous organizations to bet- This generous contribution is not the first three children at JPDS–NC and knew that ter the community, including heart, cancer the couple might want to contribute to a major charitable gift of the Schattners. Only and multiple sclerosis associations. last year the University of Pennsylvania Jewish day school. Silver was initially School of Dental Medicine dedicated the Rob- turned down, but was persistent in showing f ert Schattner Center in Philadelphia. the Schattners what JPDS–NC had to offer INTRODUCTION OF THE IDENTITY the community. The Schattner family has deep roots in the ‘‘I say this as a good thing: she’s a great THEFT INVESTIGATION AND Metropolitan Washington area. Kay Schattner saleswoman,’’ quipped Robert Schattner. PROSECUTION ACT OF 2003 grew up in Washington, DC and once hosted Eventually, the Schattners decided that a popular local radio program named ‘‘Kay’s providing funds for the 16th Street campus HON. ROBERT C. SCOTT Korner.’’ Her work earned her the title of Na- let them support a worthy cause while maintaining a minimal involvement with the al- OF VIRGINIA tional Radio Star of the Year in 1959. She IN THE HOUSE OF REPRESENTATIVES also worked for the Washington Daily News as ready-completed building. The $2 million gift fulfilled more than half Monday, December 8, 2003 a columnist. of the JPDS–NC Coming Home Campaign’s Robert Schattner has had a distinguished goal of $3.8 million, and will be used to sup- Mr. SCOTT of Virginia. Mr. Speaker, today, career as a dentist, entrepreneur, and inven- port new programs like a prekindergarten I am introducing in the U.S. House of Rep- tor. He developed the widely used throat and an Intergenerational Jewish Arts Pro- resentatives the ‘‘Identity Theft Investigation spray, Chloraseptic as well as other medical gram. A dedication ceremony will be held in and Prosecution Act of 2003’’ with my col- products. He currently serves as president of November. leagues Rep. HOWARD COBLE, the gentleman ‘‘We are so grateful to Kay and Robert Sporicidin International, a company which de- Schattner for stepping forward with their $2 from North Carolina, Rep. JOHN CONYERS, the velops medical, dental and household anti- million lead gift to launch our Coming Home gentleman from Michigan, Rep. ED CASE, the microbial products. Campaign,’’ said former president and chair gentleman from Hawaii, Rep. MARTIN FROST, Mr. Speaker, Kay and Robert Schatttner are of the campaign Margaret Hahn Stern. ‘‘The the gentleman from Texas, Rep. BARNEY the type of civic minded couple that has made first step is always the hardest, and we hope FRANK, the gentleman from Massachusetts, this country great. It is my honor to rise and that many others will now be inspired to join Rep. HOWARD BERMAN, the gentleman from pay tribute to their contribution which will allow the Schattners at whatever level they can af- California, Rep. JAN SCHAKOWSKY, the gentle- ford. . . . Widespread participation in this a great educational institution to thrive in our woman from Illinois, Rep. BARBARA LEE, the campaign will firmly position our premiere Nation’s Capital. Jewish day school in the nation’s capital.’’ gentlewoman from California, and Rep. DEN- Mr. Speaker, I am submitting for the The Schattners may have no previous ties NIS KUCINICH, the gentleman from Ohio, as RECORD an article published on 9/11/03 in the to JPDS–NC, but they are deeply rooted in original cosponsors. This bill will address the Washington Jewish Week which announced the Washington community. issue of identity theft and fraud immediately by

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

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.074 E09PT1 E2486 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 providing the Department of Justice, DOJ, with to prohibit seven profane words from being GOOD NEIGHBOR SETTLEMENT resources specifically for that purpose. broadcast over America’s airwaves. Existing HOUSE With the advent of the Internet, identity theft guidelines and standards that govern our air- has grown exponentially in recent years. The waves and communications mediums allow HON. SOLOMON P. ORTIZ Federal Trade Commission, FTC, recently re- profane language to infiltrate the hearts and OF TEXAS leased a survey showing that 27.3 million minds of our nation’s youth. I rise today to IN THE HOUSE OF REPRESENTATIVES Americans have been victims of identity theft protect our children from existing rules and Monday, December 8, 2003 in the last five years, including 9.9 million peo- regulations that leave them vulnerable to ob- ple in the last year alone. According to the re- scene, indecent, and profane speech through Mr. ORTIZ. Mr. Speaker, I rise today to pay lease, last year’s identity theft losses to busi- broadcast communication. tribute to a very special organization in nesses and financial institutions totaled nearly Brownsville, Texas: Good Neighbor Settlement The purpose of the Clean Airwaves Act is to $48 billion, with consumer victims reporting $5 House, a non-profit related to the Global Min- amend section 1464 of Title 18 of the United billion in out-of-pocket losses. istries of the United Methodist Church. States Code from which the Federal Commu- While most identity thieves use the informa- They have been serving the needy people nications Commission derives its authority to tion to make purchases, according to the FTC in the Brownsville-South Texas area for 50 regulate the use of profane language used in release, 15 percent of victims—almost 1.5 mil- years, and I commend them for their longevity lion people in the last year—reported that their broadcast communications. This legislation will in doing the most important work neighbors personal information was misused in non- help close the loophole on profanity on our can do: taking care of each other. December financial ways, such as to obtain government public airwaves, leaving our children free from 11 marks their 50th anniversary, and their documents, for tax fraud, and other non-finan- exposure to offensive and crude speech work will be celebrated in Cameron County. cial purposes. The most common nonfinancial broadcast over America’s airwaves. Just last year, Good Neighbor Settlement misuse took place when the thief used the vic- In FCC v. Pacifica Foundation, the U.S. Su- tim’s name and identifying information upon House served meals to 57,000 men, women routine stops by law enforcement officials, or preme Court stated, ‘‘Among the reasons for and children in our community. They provided while attempting or committing a crime. Iden- specially treating indecent broadcasting is the a variety of services to over 100,000 people— tity theft prevention and detection can assist in uniquely pervasive presence that medium of including rental assistance, clothing, food, preventing terrorism, as well. expression occupies in the lives of our people. after-school programs, children’s summer pro- The Identity Theft Investigation and Pros- Broadcasts extend into the privacy of the grams, and referrals to other social service ecution Act would provide 100 million dollars home and it is impossible to completely avoid agencies. to the Department of Justice, DOJ, for dedi- those that are patently offensive’’. Subse- In 1953, with the guiding principle ‘‘Helping cated enforcement of the laws against identity quently, public broadcasting is more acces- People Help Themselves,’’ Good Neighbor theft and credit card fraud. While states can sible to children. Settlement House launched themselves into the business of their mission: to provide the enforce similar state laws, today’s interstate The current FCC guidelines regarding inde- basic necessities of life such as food, clothing, travel, Internet and technology realities make it cency determinations aren’t strong enough to meals, housing assistance and educational difficult and cumbersome for state prosecutors stop harmful, indecent, and profane language programs to the needy. to effectively address national and inter- broadcast over America’s airwaves. It is wholly Just a few examples of their unique offering national identity theft and credit card fraud necessary to give the FCC the tools it needs scams. to the low-income families in Brownsville: the in order to protect our broadcast airwaves. We already have sufficient laws to address Mother’s Club, a gathering of women who quilt Currently under FCC policy, indecency deter- identity theft. It is a serious crime to use to help supplement their income; family budg- minations hinge on two factors. First, material someone else’s identity and credit to steal eting classes (with American Express) to help money, goods, services or to use the informa- must describe or depict sexual or excretory or- families maximize their resources and be self- tion to perpetuate other frauds. The problem is gans or activities. Second, the material must sufficient; and Las Culturas (with Cameron that there are not sufficient dedicated re- be patently offensive as measured by contem- Works/United Way) offers music and dance sources where they are most needed to have porary community standards for the broadcast classes for young children. a significant immediate impact on the matter. medium. The vagueness of this stipulation cre- In today’s economy, our need for the Good We have developed the ‘‘Identity Theft Inves- ates a loophole that inevitably allows specific Neighbor Settlement House is every bit as ur- tigation and Prosecution Act of 2003’’ to do profane language to be broadcast. gent as it was 50 years ago. Because of our just that. One notorious example of a profane broad- government’s reductions in social programs to Much effort is underway to prevent and limit cast aired at the Golden Globe Awards pro- help the needy—in favor of tax cuts to the identity theft and fraud through consumer edu- gram in January of 2003. In this broadcast, wealthiest Americans—the less fortunate are cation, consumer hotlines, public service an- performer Bono uttered a phrase that may not facing ever more serious economic hardships. nouncements, more sophisticated identity theft be repeated at this time and qualified as in- Today we celebrate both Good Neighbor detection and cutoff mechanisms, law enforce- deed profane and indecent by a rational and Settlement House’s dedication to the less for- ment and consumer advocacy training, etc. normal standard. The FCC has in its authority, tunate on this anniversary . . . and their com- Yet, it is not enough to effectively address the the power to enforce statutory and regulatory mitment to the principle of giving people what problem. Although credit card companies wipe provisions restricting indecency and obscenity. they need to fend for themselves: if you give out most credit card fraud debts for the vic- However, in the Golden Globe Awards exam- a man a fish, you feed him for a day—if you tims, the thieves are rarely pursued or pros- teach a man to fish, you feed him for a life- ecuted. The DOJ devotes some resources and ple, the FCC concluded that the use of the word as an adjective or expletive to empha- time. enforcement toward identity theft, but it is not I ask my colleagues to join me in cele- a high priority in its law enforcement scheme size an exclamation did not meet their thresh- brating this 50th anniversary of Good Neigh- to pursue enough cases to have an impact. old for indecency. The FCC further stated in bor Settlement House’s work in South Texas. Identity thieves know they can pursue their the October 3, 2003 Memorandum Opinion crimes with a high degree of impunity. This bill and Order that ‘‘in similar circumstances, we f would enable the DOJ to establish a large, na- have found that offensive language used as SEC. 115 OF THE ENERGY & WATER tional enforcement program to go after identity an insult rather than as a description of sexual APPROPRIATIONS BILL—KING theft and abuse. or excretory activity or organs is not within the COVE ACCESS PROJECT f scope of the commission’s prohibition of indecent program content.’’ As a result, the use of INTRODUCTION OF THE CLEAN particular profane language was aired to the HON. GEORGE MILLER AIRWAVES ACT public and no action was taken to ensure it OF CALIFORNIA would not take place in the future. IN THE HOUSE OF REPRESENTATIVES HON. DOUG OSE Therefore, I reiterate the necessity to act Monday, December 8, 2003 OF CALIFORNIA upon this loophole in the U.S. Code to ensure Mr. GEORGE MILLER of California. Mr. IN THE HOUSE OF REPRESENTATIVES that the public is free from inappropriate com- Speaker, the Republicans have done it again: Monday, December 8, 2003 munications over public broadcasts and that a nefarious rider was slipped onto the fiscal Mr. OSE. Mr. Speaker, I rise to introduce our airwaves be clean of obscenity, indecency, year 2004 Energy & Water Appropriations Bill. the Clean Airwaves Act, legislation designed and profanity. The Republicans have, once again, shut

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.077 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2487 Democrats out of the legislative process and RECOGNIZING ST. HYACINTH integrity of democracy in the United States. Al- provided neither an opportunity to debate the BASILICA though I am deeply gratified by the substantial amendment, nor the chance to show this groundswell of support among my colleagues amendment for what it really is: an unaccept- HON. RAHM EMANUEL and cosponsors, I regret that this session able invasion of our Nation’s public lands and OF ILLINOIS draws to a close for the year without this critical piece of legislation having been meaning- an assault on our public process. I oppose this IN THE HOUSE OF REPRESENTATIVES fully addressed by this Chamber. clandestine. Monday, December 8, 2003 When I introduced the Voter Confidence Act The King Cove Access Project rider is an Mr. EMANUEL. Mr. Speaker, on behalf of in May of this year, I did so without cospon- affront to our nation’s environmental laws. more than 111,000 of my constituents who are sors. I had been told that no one wanted to re- Section 115 of the Energy & Water Appropria- of Polish descent, I proudly rise to recognize open HAVA. I had been told that adding paper tions Bill directs the construction of a road the official designation of St. Hyacinth’s records back into the electoral process would generate fraud. I had been told that access for from the village of King Cove, Alaska through Church on 3636 West Wolfram as a basilica the disabled and voter verified paper trails the sensitive Izembek National Wildlife Refuge for the Chicago Archdiocese. My hometown of Chicago was once said to were mutually exclusive—you can have one or and right to the boundary of the fragile and contain more Poles than any city outside War- the other, but you can’t have both. I had been internationally significant Izembek Wilderness saw. Still today, in St. Hyacinth’s parish, the told that there is no complaint that existing Area. The provision waives all environmental area’s largest and most prominent Polish electronic voting machines are not functioning laws governing construction of such a road in Catholic parish, residents are just as likely to properly. But it seemed obvious to me, given the process. The amendment was not in- speak Polish as English. that all computers are subject to error, failure cluded in either the House or Senate bills. St. Hyacinth’s was founded in 1894 with and tampering, that computers upon which elections are conducted would be as well. I Other government agencies have raised less than 50 members and has grown tremen- also believed that voter verification mecha- concerns about this project as part of the dously over the years. Today, St. Hyacinth’s serves over 8,000 worshippers each week nisms, just like voting machines themselves, mandated inter-governmental coordinate. Con- under the guidance of the Resurrectionist Fa- could readily be made accessible to disabled gress dealt with this issue five years ago when thers, who have served the congregation since voters. Although I supported HAVA, and con- I was the ranking member of the Resources its founding. tinue to support the many groundbreaking im- Committee in the 105th Congress. The King Under the leadership of its rector since provements it ushered forth, I was troubled to Cove Access Project was defeated then and 1995, Rev. Michal Osuch, St. Hyacinth’s has see that HAVA funding fueled an unintended should have been defeated now. actively engaged in the sacramental life of the consequence—the wide-scale purchase of unauditable electronic voting machines—and In 1998, proponents attempted to add the church by developing programs of threatened the very integrity of the electoral provision to an appropriations bill but were not evangelization that emphasize connecting system in the United States. Earlier this ses- successful. A compromise was later reached adults, particularly with the sacraments of confirmation and marriage. The church also pro- sion, I introduced the Voter Confidence and with the King Cove Health and Safety Act vides a welcoming home for new immigrants Increased Accessibility Act to enhance which was included as Section 353 of Public every month by hosting free English-as-a-Sec- HAVA’s accessibility requirements, to increase Law 105–277, the Department of Transpor- ond Language classes, a Polish language participation among all voters, and to restore tation and Related Agencies Appropriations school for children and many other community faith in the electoral system and in the govern- Act. The measure appropriated $40 million to activities for adults, youth and children. ment itself by giving voters a means by which address the access needs of the communities In becoming a basilica, St. Hyacinth’s was they themselves could be certain that their of King Cove and Cold Bay; however, the Act recognized for its prestige, its beauty, and its votes are being counted. did not approve a road through the Izembek ability to accommodate large numbers of pa- From the moment my press release an- refuge or the Izembek Wilderness. In fact, the rishioners since a basilica is a community’s nouncing the bill was released, my telephone began to ring with calls from voters around the legislation specifically required that expendi- focal point for worship and evangelization. country expressing their profuse thanks. With- ture of the funds allocated in the bill ‘‘must be Cardinal Francis George validated these fea- in a week, one of my local metropolitan pain accordance with all other applicable laws.’’ tures last Sunday by formally proclaiming it as ‘‘a place of frequent and exemplary liturgical pers ran an editorial saying that the bill ‘‘pro- It is outrageous that five years after a satis- celebration.’’ poses urgent and sensible measures to pre- factory compromise was agreed upon, we The petition for basilica status was reviewed serve the sanctity of the ballot’’ and suggested must return to this issue. by the U.S. Conference of Catholic Bishops that Congress ‘‘shift into high gear and enact this legislation without delay.’’ Within two or The Izembek National Wildlife Refuge, on and approved by the Congregation of Divine Worship in Rome. As a basilica, it maintains three weeks, I was joined on the bill by eight the Alaska Peninsula, is internationally recog- of my Colleagues. In another week or two, I nized as one of the most important wetland re- an obligation to uphold a high level of both worship and religious instruction, particularly was joined by eight more. More editorials serves in the Northern Hemisphere. Home to through conferences and speakers. ran—New York Newsday said that although threatened and endangered species, as well Mr. Speaker, I wish to congratulate St. Hya- ‘‘many election officials . . . resist the paper as millions of migratory birds, the Izembek Na- cinth’s on this high honor and its upcoming trail idea . . . the purpose of voting reform tional Wildlife Refuge and Izembek Wilderness 110th anniversary next year. In earning the isn’t to make life easier for election clerks. It are keys in the fight to conserve the natural di- distinction of becoming a basilica, it has again is to make elections fairer and restore the versity of wildlife populations and habitats. proven its importance as a pillar of Chicago’s frayed confidence of voters—the people who are supposed to count most of all.’’ The The King Cove Access Project rider inap- Polish American community. On this day, I am Bismark Tribune asserted: ‘‘One thing the propriately short-circuits the public process. An proud to join the people of my district, as well committee should insist on is a paper ‘receipt’ administrative decision on a project to en- as those of Polish descent around the City, in celebrating this historic achievement. that lets the voter check his work and is avail- hance marine-road access for the community f able for a re-count, if necessary.’’ The Star of King Cove is proceeding in a timely manner News of North Carolina opined: ‘‘By the time and does not require intervention by Con- THE VOTER CONFIDENCE AND IN- this is over, we might be nostalgic for hanging gress. However, the King Cove Access Project CREASED ACCESSIBILITY ACT OF chads. At least they were cheap. It turns out mandates one alternative in the EIS, thereby 2003 those expensive high-tech voting systems effectively ignoring the advice of the U.S. Fish based on computers can be stuffed like ballot & Wildlife Service, other federal agencies and HON. RUSH D. HOLT boxes in Chicago. My, what a surprise. . . .’’ the American public. OF NEW JERSEY Most recently, the New York Times said, IN THE HOUSE OF REPRESENTATIVES ‘‘[T]he public must feel secure that each vote The King Cove Access Project ignores envi- is counted. At this stage, a voter-verified paper Monday, December 8, 2003 ronmental laws, threatens important wildlife trail offers the public that necessary security.’’ habitat and sets a dangerous anti-wilderness Mr. HOLT. Mr. Speaker, today I rise to reit- And as we all know, this is not just a matter precedent. It is shameful that it was part of erate the importance of my ‘‘Voter Confidence of opinion. A team of computer scientists from this legislation. and Increased Accessibility Act of 2003’’ to the Johns Hopkins and Rice Universities released

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.082 E09PT1 E2488 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 a report in July disclosing ‘‘stunning, stunning me that—second only to the Iraq conflict—the icy decisions the ones that are writing the re- flaws’’ in the security of certain electronic vot- issue of the verifiability of election results is port on what caused the blackout? ing machines widely in use, precipitating an the one most frequently raised in public fo- Back on September 23, the Times reported avalanche of further studies and reviews, rais- rums. And one thing that has been reiterated that ‘‘Experts now think that on Aug. 14, north- ing further red flags among jurisdictions con- to me time and again—even by people who ern Ohio had a severe shortage of reactive sidering new equipment purchases, and gen- have not made their minds up on the issue— power, which ultimately caused the power erating further uncertainty and concern about is that the issue is not going to go away. plant and transmission line failures that set the the use of privately owned and controlled vot- We have a responsibility to demonstrate blackout in motion. Demand for reactive power ing equipment that produces results that can- that our democracy stands above all others in was unusually high because of a large volume not be meaningfully audited in any way. Re- its unimpeachability. New York Times col- of long-distance transmissions streaming ports of irregularities on voting machines umnist Paul Krugman concluded his recent through Ohio to areas, including Canada, that abound, but I will mention just one. In a recent column, entitled ‘‘Hack the Vote,’’ by saying, needed to import power to meet local de- election conducted in Boone County, Indiana, ‘‘Let’s be clear: the credibility of U.S. democ- mand.’’ These long-distance transmissions a ‘‘computer glitch’’ reportedly ‘‘spewed out racy may be at stake.’’ When the results are were mainly by ‘‘independent power pro- impossible numbers.’’ In a jurisdiction that had in after the next election, there must be no ducers,’’ or IPPs, who often do not produce fewer than 19,000 registered voters, 144,000 question. There must be no doubt. We must any reactive power. The article quoted Ray- votes were reported. The County Clerk said all feel certain that the voice of the people, as mond Palmieri, who is responsible for trans- she ‘‘just about had a heart attack.’’ Although expressed in the voting booth, was heard. No- mission reliability in the Midwest, as saying re- a ‘‘corrected’’ count of about 5,300 votes was vember 2004 is just around the corner. When active power ‘‘is definitely a contributor’’ to the eventually produced, how can we know it was this body reconvenes in January, I urge it to blackout. in—fact correct? The fact is, without an inde- consider this legislation a top priority. Who has been pushing for these long-dis- pendent voter verified paper trail, we can f tance transmissions by IPPs? The FERC. never know. They had experts saying for at least two The New York Assembly passed a law in AUGUST 14TH BLACKOUT months before the official blackout report June mandating voter verified paper trails. The came out that it was a problem. But what did State of Illinois passed a similar law in August. HON. EDOLPHUS TOWNS that official blackout report, which FERC and In November, the Secretary of State of Cali- OF NEW YORK the DOE directed and wrote, say about the fornia mandated voter verified paper trails. IN THE HOUSE OF REPRESENTATIVES role of reactive power and IPPs? ‘‘[T]he sug- Legislation requiring voter verified paper trails gestion that IPPs may have contributed to the Monday, December 8, 2003 is also pending in Maine, and I have been told difficulties of reliability management on August that similar bills are imminently to be intro- Mr. TOWNS. Mr. Speaker, I rise to com- 14 because they don’t provide reactive power duced in Maryland and Virginia. Broad coali- ment on the Bush Administration’s report on is misplaced.’’ tions of public interest groups are now taking the August 14 blackout that left millions of There is nothing wrong with independent definitive action to lobby in favor of voter people in New York without power, some for power producers. They perform a valuable verified paper trails. The Communications days. role in meeting the nation’s electricity needs. Workers of America passed a resolution in Au- The U.S.-Canadian outage task force on But if the government’s blackout report barely gust stating that the CWA ‘‘endorse and sup- November 19 issued a report titled ‘‘Causes of even mentions the role of reactive power, and port the use of only DRE and ‘touch screen’ the August 14th Blackout in the United States doesn’t mention at all whether, in light of more machines with the ability to provide the voter and Canada,’’ saying 50 million people from long distance transmissions, someone should with a view of a paper ballot that is stored and Indiana to Massachusetts and Canada went have changed the rules to make sure there available for audits.’’ A large New York-based without electricity because of untrimmed trees was enough of it, when experts say it was coalition including at least five disability advo- and a computer glitch. But the New York ‘‘definitely a contributor,’’ something isn’t right. cacy groups issued a statement in the fall urg- Times reported on November 25 that ‘‘a vari- While the FERC has been pushing for more ing that ‘‘New voting machines should provide ety of experts now say the [report’s] findings long-distance transmission, Congress has a ‘voter-verifiable paper audit trail’ and incor- were too narrow, ignoring the federal govern- been hearing from experts that the trans- porate ‘data-to-voice’ technology to ensure full ment’s role in the recent reshaping of the mission system wasn’t designed to operate access by all.’’ Grass roots organizations lob- power industry.’’ that way, and that using it for long-distance bying for my bill and for voter verified paper We need to know what the truth is. The transmission reduces reliability. At the House trails are forming all over the country. The res- Times has reported on the blackout as thor- Energy and Commerce Committee’s blackout olution in favor of voter verifiable audit trails oughly as anyone, so this report is very impor- hearing on September 4, Gene McGrath, the posted by Verifiedvoting.org has more than tant. Maybe we need an impartial investigator CEO of Consolidated Edison, said ‘‘I think as 1,000 endorsers. An online petition in favor of to follow up on what they are reporting. an engineer and as an operator having the my Voter Confidence Act which had 50 signa- In the November 25 article, Alan Richardson generation as close to the load center as it tures in July has more than 4,000 signatures of the American Public Power Association can be done is the best interest of everybody. now. An online petition in favor of voter says that maybe the federal government didn’t . . . [A]s you separate generation from load verified paper trails sponsored by Martin Lu- address what mistakes the Federal Energy you introduce another component. As you in- ther King III, the Southern Christian Leader- Regulatory Commission (FERC) made in troduce other components you can introduce ship Conference and Investigative Journalist breaking up the utility industry ‘‘because the costs and you can introduce reliability prob- Greg Palast has more than 60,000 signatures. answer is not one that’s comfortable politi- lems.’’ That is, generating the power two or I introduced this legislation because I think cally.’’ three States away causes problems. We need that if we don’t have an election system that Commenting on the organization the FERC to have the power generated close to where it voters can trust, voter participation will decline approved to run the transmission wires in the is used. and our democracy will deteriorate. Citizens Midwest, transmission expert Robert Blohm is Is that issue even discussed in the Adminis- from all over the country, sharing this concern, quoted in the article as saying ‘‘How come no- tration’s blackout report? No—not even a little have spoken out, indeed shouted out, that we body has examined this horror story, of how bit. should act. The extent and depth of discussion they set up an entity 10 times more complex Mr. Speaker, my constituents went without on the Internet and in town meetings is strik- than any known one, in such a short period of power on August 14. It’s not just an inconven- ing. time?’’ ience, it’s a danger in many cases to be left This is not a partisan issue. I stand today John Casazza, a retired executive from a without electricity. Life-support equipment, traf- with 90 Members from both sides of the aisle, New Jersey utility, says in the article that fic signals, elevators, and so many other im- who are just as deeply concerned about the ‘‘There are a lot of aspects in this blackout portant devices all depend on electricity. But integrity of our electoral system as I am. They that have not been touched by [the Adminis- we seem to have a situation where our own are just as deeply troubled by the prospect of tration’s] report. . . . The root causes are what government’s review of the blackout steers private ownership and control of the vote has happened as a result of our government away from even looking into what seem to be count as I am. They have heard from and re- policy.’’ very important contributing factors. sponded to the concerns of their constituents If the experts think policy set by the govern- FERC Chairman Pat Wood testified before about insecure, unauditable voting equipment ment is the cause of the blackout, why are the the House Energy and Commerce Committee just as I have. Some of them have even told government officials who made these bad pol- many times in the past couple of years, telling

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.085 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2489 us that to maintain reliability for the wholesale INTRODUCING A RESOLUTION COM- COMMEMORATING THE 50TH ANNI- markets his policies promote, we need to beef MENDING THE GOVERNMENTS VERSARY OF THE YOUNG up the transmission grid. But now that we’ve OF INDIA AND PAKISTAN FOR ISRAEL OF NEW HYDE PARK had the biggest blackout in our history, FERC IMPROVED DIPLOMATIC RELA- doesn’t admit its policies that stress the grid TIONS BETWEEN THE TWO COUN- HON. GARY L. ACKERMAN had anything to do with it. Chairman Wood’s TRIES, AND FOR OTHER PUR- OF NEW YORK Senate testimony on November 20 was ‘‘the POSES IN THE HOUSE OF REPRESENTATIVES [transmission] operator’s primary charge is to work the system you’ve got. . . . Markets do Monday, December 8, 2003 not compromise reliability.’’ So no matter if HON. ALCEE L. HASTINGS Mr. ACKERMAN. Mr. Speaker, I rise today FERC sprayed water on the road in the freez- OF FLORIDA in honor of the 50th anniversary of Young ing cold, it’s your fault if you crash your car. Israel of New Hyde Park, the only Orthodox IN THE HOUSE OF REPRESENTATIVES If we don’t get an accurate picture from gov- synagogue in northeast Queens. The syna- ernment investigators about the causes of the Monday, December 8, 2003 gogue, which boasts a vibrant multi- blackout, we will be dooming ourselves to generational membership, plays a central role more disruptions, dangers, and inconven- Mr. HASTINGS of Florida. Mr. Speaker, I in increasing the presence and awareness of iences in the future. I am not willing to allow rise today to introduce a resolution com- Orthodox Judaism in our community. that. mending the governments of India and Paki- For half a century, Young Israel of New I ask that we consider whether we need an stan for their efforts to achieve peace and sta- Hyde Park has provided its members and visi- independent investigation of the causes of the bility in the South Asian region. tors with many of the things that an Orthodox blackout so we can do what needs to be done For years, India and Pakistan have been the family looks for and needs: from classes to to prevent the next blackout from occurring. victims of numerous terrorist attacks, which daily minyanim to a local Boy Scout troop. have greatly heightened religious and ethnic Now under the leadership of Rabbi Binyamin f tensions in the troubled region. Discord Hammer, the synagogue, which is just around the corner from Long Island Jewish Medical HONORING LAGUARDIA amongst Hindu and Muslim populations has COMMUNITY COLLEGE led to a war of attrition, whereby insurgents on Center, Hillside Hospital and Schneider Chil- both sides sneak across the border to commit dren’s Medical Center, has long been known murder and destruction before sneaking back as a place where families and friends of pa- HON. JOSEPH CROWLEY across. tients can find religious support and Shabbat OF NEW YORK India and Pakistan have a history of dis- and Yom Tov hospitality. To this end, a bikur IN THE HOUSE OF REPRESENTATIVES putes going back decades. The most promi- cholim apartment was recently added through Monday, December 8, 2003 nent amongst these conflicts has been the ter- the purchase of a house next door to the synagogue. To date it has provided temporary Mr. CROWLEY. Mr. Speaker, I rise to ac- ritory of Kashmir. India and Pakistan each claim Kashmir as their own, despite the terri- lodging for people from all over the United knowledge the good work of LaGuardia Com- States, Russia, Italy, Israel and Canada. munity College of Long Island City in Queens, tory having its own distinct population agitating for autonomy. Indian and Pakistani forces Those familiar with this congregation, those New York. LaGuardia Community College who, for 50 years have made it a place of serves one of the most diverse student bodies have routinely engaged in minor skirmishes along the border. The conflict, more than any civic support and spiritual development, know in the U.S. within one of the most vibrant that Young Israel is more than just a temple— neighborhoods in the U.S. Over the years, other, has led to a destabilizing nuclear arms race in the region, resulting in threats of war but a shul, a spiritual home, a place that re- men and women from all over the world have flects the highest aspirations of an ancient called LaGuardia Community College their and the severing of political, diplomatic, and economic links. people living proud and free in this great na- home. Over the years, LaGuardia Community tion. College has quietly and diligently provided a In recent months, however, diplomatic over- I commend Young Israel of New Hyde Park first-class education for students of all eco- tures between India and Pakistan have re- for its continued dedication to our community. nomic, ethnic, and religious backgrounds. sulted in laudable agreements to improve rela- I ask my colleagues in the House of Rep- LaGuardia Community College has served tions. Since April 2003, India and Pakistan resentatives to please join me in congratu- my community and the world for decades, and have sent ambassadors, reestablished bus lating the synagogue on the occasion of its its mission has earned it the title of The links, and declared the first real cease-fire in 50th anniversary and in wishing Young Israel World’s Community College. However, they the 17-year-old border conflict. Most recently, best wishes for another 50 years. recently earned another distinction—nationally the two countries resumed air travel and over- f recognized community college. The Commu- flight rights with one another. Further, Indian nity College Survey of Student Engagement Prime Minister Vajpayee has agreed to attend NOBEL PEACE PRIZE LAUREATES studied approximately 300 colleges, looking at in the near future a regional economic summit 10 different categories. This non-profit found in Islamabad, a sure sign of progress. HON. EDWARD J. MARKEY that LaGuardia Community College ranked in The resolution I am introducing today con- OF MASSACHUSETTS the top 3 of 13 large community colleges in gratulates India and Pakistan on their efforts IN THE HOUSE OF REPRESENTATIVES North America. This ranking confirms what so to achieve stability and to seek a peaceful Monday, December 8, 2003 many of us have known for so long—that means to resolve their disputes. The resolu- LaGuardia Community College is not only The tion also recognizes both countries’ efforts in Mr. MARKEY. Mr. Speaker, last week the World’s Community College. It is also the the global war on terrorism and their close 4th Nobel Peace Laureates Summit was held world’s premier community college. partnerships with the United States. in Rome. At the conclusion of the Summit, the Of course, this distinction would not be pos- Laureates issued a statement on behalf of this Though both nations still have a long way to sible without the work of countless administra- extraordinary gathering that is printed at the go to fully achieve a lasting peace, the House tors, professors, students, and friends from end of these remarks. There are too few of Representatives should be pleased with around the community. I would particularly like places in our public dialogue where a uni- their determination to seek a peaceful, eco- to thank LaGuardia Community College Presi- versal perspective is encouraged and lauded. nomically prosperous road to stability. dent, Dr. Gail O. Mellow for her vision. It is be- The Nobel Peace Prize is one of them. Such cause of leaders like her that LaGuardia Com- Mr. Speaker, I conclude by once again re- civil society institutions are to be encouraged munity College can achieve such an incredible ferring to the unconscionable acts of violence because they are needed to work on global level of success. and terror wrought on both India and Pakistan. challenges. Our world needs an understanding, dedi- I further express my support and encourage- The Laureates reinforced in the most elo- cated, well-educated populace now more than ment to both nations for their efforts to rebuild quent terms the message sent at a recent ever. Our world is dependant on the students diplomatic relations despite trying cir- panel convened by the Bipartisan Task Force that come out of LaGuardia Community Col- cumstances. on Non-proliferation of which I am Co-chair lege and the good work that they do. For I urge my colleagues to support this resolu- with my colleague CHRISTOPHER SHAYS (R- those reasons, we all owe the school our re- tion, and I ask the House leadership to bring Conn.). This panel on ‘‘The Limits of spect and gratitude. it swiftly to the floor for its consideration. Unilateralism’’ included the world-renowned

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.088 E09PT1 E2490 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 anthropologist Dr. Jane Goodall, former Am- this principle. A more equitable inter- The international community has recently bassador Thomas Graham, and Mr. Michael national order based on the rule of law is its recognized the importance of establishing an Douglas, actor and U.N. Messenger of Peace. needed expression. ethical framework. Leaders of States issued We reiterate our conviction that inter- In his remarks, Mr. Douglas stressed that not the Millennium Declaration at the United national politics need to be reformed to ad- Nations and set forth common values of free- only Americans, but all people on the planet, dress effectively three critical challenges: dom, equality, solidarity, tolerance, respect are faced with enormous challenges to our se- ending wars and violence, eliminating pov- for nature and shared responsibility. From curity and survival which can only be effec- erty, and saving the environment. these values, a plan to address sustainable tively met through international cooperation. We call upon everyone to join us in work- development and poverty, the Millennium He reminded us that we are tasked with ‘‘ening to replace the culture of war with a cul- Development Goals, emerged. We urge all to suring bio-diversity and ending the destruction ture of peace. Let us ensure that no child is join in implementation of these goals and of thousands of species; reversing the deple- ever again exposed to the horrors of war. prevent any retreat from specific commit- Recent events, such as the escalation of tion of fishing stocks; controlling ocean dump- ments. Moreover, we share the principles of the conflict in the Middle East, bloodshed in the Earth Charter and urge governments at ing; preventing ozone depletion; halting global Afghanistan, Iraq and Chechnya, as well as all levels to support this important docu- warming; controlling and eliminating terrorism in parts of Africa and Latin America, con- ment. and weapons of mass destruction; fighting firm that problems with deep economic, so- For globalization to enhance sustainable pandemic diseases; ending the tragedy of cial, cultural or religious roots cannot be redevelopment, the international community crushing poverty and lack of clean drinking solved unilaterally or by armed force. needs to establish more democratic, trans- water; and addressing crises arising from International terrorism is a threat to parent, and accountable forms of govern- peace. Multilateral cooperation and the pro- ance. We advocate extending the benefits of failed states. No nation or even a small group motion of human rights under the rule of law of nations can succeed in addressing these democracy and self governance but this goal are essential to address terrorism and its un- cannot be achieved through coercion or issues alone.’’ derlying sources. force. Jonathan Granoff, who helped organize our The threat of weapons of mass destruction After a special session, the Nobel Peace Task Force event here in Washington as remains with us. We call for an immediate Prize Winners have agreed that the death President of the Global Security Institute end to the newly resurgent arms race, which penalty is a particularly cruel and unusual (GSI), also attended the Summit of the Nobel is being fueled by a failure to universally punishment that should be abolished. It is Peace Laureates in Rome as a representative ratify a treaty banning nuclear testing, and especially unconscionable when imposed on of the International Peace Bureau, a Nobel by doctrines that lower the threshold of use children. and promote the creation of new nuclear We affirm the unity of the human family. Peace Laureate organization. weapons. This is particularly dangerous Our diversity is an enrichment, not a danger. The Summit took place from the 27 to 30 when coupled with the doctrine of pre- Through dialogue we gain appreciation of November 2003. It was convened upon invita- emption. the value of our differences. Our capacity to tion by Mikhail Gorbachev and Walter Veltroni, For some to say that nuclear weapons are work together as a community of peoples Mayor of the City of Rome. The following good for them but not for others is simply and nations is the strongest antidote to vio- Nobel Peace Laureates—individuals and orga- not sustainable. The failure of the nuclear lence and our reason for hope. nizations—participated in the Summit: The XIV weapons states to abide by their legal pledge Our commitment to serve the cause of Dalai Lama Tenzin Gyatso, Mikhail Gorba- to negotiate the elimination of nuclear peace compels us to continue working indi- weapons, contained in the Nuclear Non- chev, Mairead Corrigan Maguire, Shimon vidually and together on this path. We urge proliferation Treaty, is the greatest stimulus you to join us. Peres, Joseph Rotblat (represented by Pro- to their proliferation. f fessor Robert Hinde), Oscar Arias Sanchez, Nuclear weapons are immoral and we call Lech Walesa, Betty Williams, Jody Williams, for their universal legal prohibition. They TRIBUTE TO FORMER U.S. SEN- American Friends Service Committee, Am- must be eliminated before they eliminate ATOR PETE WILLIAMS OF NEW nesty International, Doctors Without Borders, humanity. JERSEY International Campaign to Ban Landmines, We support the treaty to ban landmines and call for effective agreements to limit International Labour Organization, Inter- conventional weapons and arms trade. HON. RUSH D. HOLT national Peace Bureau, International Physi- Trillions of dollars have been spent since OF NEW JERSEY cians for the Prevention of Nuclear War, Inter- the end of the Cold War in developing mili- IN THE HOUSE OF REPRESENTATIVES national Law Institute, Pugwash Conferences, tary approaches to security. Yet, the daily Quakers Peace and Social Witness, United lives of billions remain bereft of adequate Monday, December 8, 2003 Nations, United Nations Children’s Fund, health care, clean water, food and the bene- Mr. HOLT. Mr. Speaker, thousands, even United Nations High Commissioner for Refu- fits of education. These needs must be met. millions, of American workers today have their gees, and United Nations Peace Keeping Humanity has developed sophisticated fingers, eyesight, even their lives because of technologies for destruction. Appropriate so- Forces. cial and human technologies based on co- the legislative work of former U.S. Senator The theme of the gathering was ‘‘Ethics and operation are needed for survival. Harrison ‘‘Pete’’ Williams of New Jersey. They Policy.’’ It is a subject we discuss often in this The international community has a proven will never know who they are. chamber as we apply policies to our domestic tool, the universality of the United Nations. Millions of Americans have adequate retire- affairs. It is also needed, perhaps even more Its work can and must be improved and this ment pensions or health care coverage be- so, in international affairs. For this reason, I can be done without undermining its core cause of the legislative work of Sen. Williams. would like to submit the Final Statement of the principles. They don’t remember Pete Williams when they Summit into our record for your review and We assert that unconditional adherence to international law is essential. Of course, law open their monthly benefits checks. consideration: is a living institution that can change and As the author and champion of landmark ETHICS AND POLICY—4TH GLOBAL SUMMIT OF grow to meet new circumstances. But, the legislation, Pete Williams gave the country the NOBEL PEACE LAUREATES ROME, principles that govern international rela- Occupational Safety and Health Act (OSHA), CAMPIDOGLIO, NOVEMBER 30, 2003 tions must not be ignored or violated. which is the single most important step in FINAL STATEMENT Ethics in the relations between nations workplace safety in history, and he created the We are the first generation making deci- and in government policies is of paramount Employee Benefit Retirement and Income Se- sions that will determine whether we will be importance. Nations must treat other na- curity Act (ERISA) which helped guarantee the last generation. We have an ethical re- tions as they wish to be treated. The most powerful nations must remember that as minimum benefits for all working Americans. sponsibility to future generations to ensure Two years ago, former Senator Williams, that we are not passing on a future of wars they do, so shall others do. and ecological catastrophe. For policies to Economic hardship is often the result of who would have been 84 years old this week, be in the interest of humanity, they must be corruption and lack of business ethics, both died. He was retired after 4 years in this body based on ethical values. internationally and locally. Through uti- and almost 24 years in the U.S. Senate. Since We express our profound anxiety that cur- lizing more effective ethical codes of conduct his death, neither body has given appropriate rent policies are not creating a sufficiently the business community can contribute to recognition to him and his contributions to secure and stable world for all. For this rea- protecting the environment and eliminating America. A cloud has obscured his many poverty. This is both a practical and moral son, we need to reset our course based on great contributions. strong ethical foundations. necessity. Compassion and conscience are essential to The scientific community could serve Pete Williams fought for a wide range of our humanity and compel us to care for one human interests more fully by affirmatively landmark laws to improve the quality of life for another. Cooperation amongst nations, adopting the ethical principle of doing no average Americans. As a member and long- multilateralism, is the logical outgrowth of harm. time chair of the Committee on Labor and

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.092 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2491 Human Resources in the other body across the Vocational Rehabilitation Act and the Alco- While this new provision of law included in the Capitol, he brought forth the Coal Mine hol Rehabilitation Act, learned that there was the conference report does not amend the PA- and Health Safety Act; increases in the min- no political rehabilitation act for him. But there TRIOT Act, I agree with the six Senators who imum wage in 1966, 1974, and 1977; the Vo- is a more positive lesson, too; one person who recently wrote to the Senate Intelligence Com- cational Rehabilitation the Alcohol Rehabilita- works hard and shows compassion for others mittee and asked them not to move ahead tion Act; legislation preventing discrimination can improve the lives of others. History should with such a significant expansion of the FBI’s against pregnant workers; legislation pre- not lose that more positive lesson of the ca- investigatory powers without further review. As venting age discrimination; the Migrant Labor reer of Senator Pete Willams. they stated, public hearings, public debate and Health Act; legislation for special education; f legislative protocol are essential in legislation the Equal Employment Opportunity Act of involving the privacy rights of Americans. As a 1972; legislation for college tuition assistance CONFERENCE REPORT ON H.R. 2417, member of the House Financial Services for needy students; legislation protecting the INTELLIGENCE AUTHORIZATION Committee, I am concerned that these new rights of workers to organize; and Meals on ACT FOR FISCAL YEAR 2004 provisions of law could be used to seize per- Wheels. Let me repeat: many of these are sonal financial records that traditionally have SPEECH OF landmarks in American history. And that is not been protected by financial privacy laws. The all; Pete Williams also produced legislation HON. DENNIS MOORE rush to judgment following the attacks of Sep- providing elderly housing, open space, arts OF KANSAS tember 11, 2001, led to the rapid enactment of funding, and marine mammal protection, and IN THE HOUSE OF REPRESENTATIVES the PATRIOT Act, a measure which has he led or contributed to many other laws. As Thursday, November 20, 2003 caused substantial concerns among many my colleagues here know, it is customary for Americans who value our constitutionally-pro- the President to give a pen from an important Mr. MOORE. Mr. Speaker, I rise in opposi- tected liberties. Now that we are able to legis- bill signing to each legislator who played a sig- tion to one provision of the conference report late in this area with a lessened sense of ur- nificant role in the bill. Pete Williams had sev- before us today, which causes me to vote gency, I urge my colleagues to step back and enty Presidential pens. against the entire measure. return this provision of H.R. 2417 to com- As a young man working in the Senate, I This legislation authorizes classified mittee, where it can undergo the rigors of the first watched Senator Williams debate the amounts in fiscal year 2004 for 14 U.S. intel- normal legislative process so that Congress, 1964 Civil Rights Act and was impressed by ligence agencies and intelligence-related ac- and all Americans, can pass an informed judg- his intellect and sincerity, qualities that defined tivities of the U.S. government—including the ment upon its merit. CIA and the National Security Agency, as well his work as a United States Senator. f Sometimes called the ‘‘Voice for the Voice- as foreign intelligence activities of the Defense less,’’ Pete Williams spoke for many Ameri- Department, the FBI, the State Department, REMEMBERING PEARL HARBOR cans who never knew him—never even knew the Homeland Security Department, and other of him. He did not need to work on the Mi- agencies. H.R. 2417 covers CIA and general HON. STEVEN R. ROTHMAN grant Labor Act; not many of those farm work- intelligence operations, including signals intel- OF NEW JERSEY ers voted. He thought of those without privi- ligence, clandestine human-intelligence pro- IN THE HOUSE OF REPRESENTATIVES lege. He created the first standing sub- grams and analysis, and covert action capa- Monday, December 8, 2003 committee on aging and the first standing bilities. It also authorizes covert action pro- committee on issues related to physical dis- grams, research and development, and Mr. ROTHMAN. Mr. Speaker, 62 years ago abilities. I noticed back in 1963 and 1964 that projects to improve information dissemination. yesterday, our nation was suddenly attacked Senator Williams was a man who paid atten- All of these are important and vital programs, by the Imperial Japanese Naval Forces and tion to those who were sometimes invisible to which I support. drawn into World War II. This unprovoked act others like him—the cafeteria workers, the I am voting against this measure today, of war killed 2,338 military personnel and civil- pages, the elevator operators, the support however, to draw attention to a provision ians, and wounded 1,178. The attacks sank or staff. He was not a showboat, although New which I believe should have been the subject heavily damaged 21 ships and destroyed or Jerseyans were so devoted to him that he was of more rigorous congressional analysis than damaged 323 aircraft. December 7, 1941 is a reelected with acclaim for four terms. In fact, merely an up-or-down vote as part of a larger date which continues to live in infamy. he was the only Democrat in the state up to conference agreement. This measure expands Mr. Speaker, the brave servicemen and that time to be re-elected to the Senate. the definition of ‘‘financial institution’’ to pro- women who served that day are responsible But he was not to be the ‘‘Senator for life’’ vide enhanced authority for intelligence com- for our presence here today. Sadly, on Sep- as he was sometimes called. In his fourth term munity collection activities designed to pre- tember 11, 2001, this nation tragically experi- in the U.S. Senate, he was implicated, along vent, deter and disrupt terrorism and espio- enced another Pearl Harbor whereupon our with six members of this body, in the so-called nage directed against the United States and to nation again sacrificed innocent Americans Abscam bribery sting and resigned under a enhance foreign intelligence efforts. Banks, who woke up that morning, entirely unaware cloud and served time in prison. His col- credit unions and other financial institutions that they would never see their loved ones leagues and historians have not known how to currently are required to provide certain finan- again. During that most difficult time we drew remember this man, how to tell his com- cial data to investigators generally without a strength and courage from those who served plicated story, how to commemorate his leg- court order or grand jury subpoena. The con- this great nation before and from the leaders acy—a legacy that includes what is one of the ference agreement expands the list to include who led this great nation through our darkest greatest legislative records for the benefit of car dealers, pawnbrokers, travel agents, casi- hours. Americans. nos and other businesses. On December 8, 1941, President Franklin Fighting expulsion from the Senate, Senator This provision allows the U.S. government Roosevelt addressed the nation and declared, Williams averred his innocence and main- to have, through use of ‘‘National Security Let- ‘‘no matter how long it may take us to over- tained that ‘‘time, history and Almighty God ters,’’ greater access to a larger universe of income this premeditated invasion, the Amer- [would] vindicate’’ him. I hope historians will formation that goes beyond traditional financial ican people, in their righteous might, will win find the way to do justice to this man and his records, but is nonetheless crucial in tracking through to absolute victory.’’ These are words work. terrorist finances or espionage activities. Cur- that ring true today. On a day when many Senator Daniel Patrick Moynihan described rent law permits the FBI to use National Secu- Americans feared for our nation, FDR’s words his friend and colleague Sen. Pete Williams as rity Letters to obtain financial records from de- of confidence, determination, and purpose did ‘‘thoughtful, decent, and determined in all he fined financial institutions for foreign intel- indeed carry this nation to absolute victory. did.’’ Many colleagues wondered how sad a ligence investigations. While not subject to Those same words will carry this nation to ab- man could fall from grace. One might try to court approval, the letters nonetheless have to solute victory once again as our brave men blame judgment weakened by alcohol or per- be approved by a senior government official. and women of the armed services are sta- haps overzealous or dishonest federal agents The PATRIOT Act earlier had altered the tioned in and around Iraq and Afghanistan or simple political vindictiveness. His is a cau- standard for financial records that could be fighting to preserve our freedom, security and tionary tale for anyone in elective office or subject to National Security Letters to include democracy. Like those who served before, we public service. The lesson is that there are al- the records of someone ‘‘sought for’’ an inves- are forever grateful for their courageous and ways those who would take advantage of tigation, not merely of the ‘‘target’’ of an inves- heroic acts and we will never forget their sac- one’s weaknesses. Pete Williams, author of tigation. rifices.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.097 E09PT1 E2492 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 On the anniversary of the attack on Pearl Chairman of the Southern Maryland advisory tant exchange between the West and the East Harbor, we must remember the difficult times board for BB&T Bank, a committee member of . . . at a time when the value of mutual un- our brave servicemen and women went the Charles County Economic Development derstanding is at a premium. Qatar offers a through to defend our nation, and we mourn Commission, Member of the National and superb environment and facilities for both the deaths of the military personnel and civil- State Association of Realtors and has re- teaching and studying, backed by an out- ians who died that day. Mr. Speaker, today we ceived a National Leadership award from the standing technological center. It has been an must ensure that our children, grandchildren, National Republican Congressional Com- honor to be involved in the development of the and great grandchildren learn about the lives mittee. Weill Cornell Medical College in Qatar, and I of our veterans, including those of the Great- Mr. Speaker, it is my pleasure to honor Mr. look forward to marking the evolution of the est Generation who served in World War II. Harry Shasho, as he retires as President of entire Education City. Our commitment to our veterans must remain the Charles County Chamber of Commerce on Weill Cornell Medical College in Qatar is a strong because they are a symbol of the January 12, 2004. We are all so proud of the pioneer in medical education as well as in dip- greatness of our country. work he has done to improve the lives of ev- lomatic exchange. The College offers a com- President Kennedy once said that you can eryone in Charles County and I am very proud plete medical education, leading to a Cornell judge a nation not just by the people—the to call him my friend. University Doctor of Medicine (M.D.) degree, men and women—that it produces, but also by f with teaching by Cornell faculty. It is the first the people that a nation remembers. Today, American university to offer its M.D. degree Mr. Speaker, we remember true heroes. CELEBRATION OF THE OFFICIAL overseas, and the first higher education insti- f OPENING OF THE BUILDING OF tution in Qatar to be coeducational; women WEILL CORNELL MEDICAL COL- made up 70 percent of the inaugural class for TRIBUTE TO MR. HARRY SHASHO— LEGE IN QATAR the Pre-medical Program. These points are A CITIZEN DEDICATED TO THE very important. Prospective students are sub- IMPROVEMENT OF HIS COMMU- ject to the same entrance requirements as in NITY HON. CAROLYN B. MALONEY OF NEW YORK the United States and are awarded the same IN THE HOUSE OF REPRESENTATIVES degree as students in the U.S. While WCMC– HON. STENY H. HOYER Q teaches in a coeducational forum, the stu- OF MARYLAND Monday, December 8, 2003 dents and faculty are learning together about IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, on October cultural differences that only serve to enhance Monday, December 8, 2003 12, 2003, Weill Cornell Medical College and the learning environment. WCMC–Q aims to Mr. HOYER. Mr. Speaker, in Southern the Qatar Foundation for Education, Science further the University’s commitment of edu- Maryland we are blessed to have so many ex- and Community Development embarked on an cation, research, patient care and the ad- emplary citizens who invest their time, energy historical venture that brings the best of Amer- vancement of the art and science of medicine and talent in making it a special place to live. ican medical education to the Middle East. I while supporting the work of the Qatar Foun- One such citizen who has gone above and be- was privileged to participate in this extraor- dation in serving the community. WCMC–Q yond and exemplifies the true spirit of Amer- dinary event along with Qatar Foundation trains the physicians of the future and will re- ican entrepreneurship is Harry Shasho. Harry Leadership: Her Highness Sheikha Mozah search medical problems of concern in the re- believes in the community and has worked Nasser al-Misnad; Saif Ali Al-Hajari, Vice gion. hard to improve the lives of Charles County Chairperson; H.E. Yousef Hussein Kamal, His Highness the Emir Sheikh Hamad bin Khalifa al-Thani and Her Highness Sheikha residents now and in the future. Member Board of Directors; H.E. Hajar Ahmed Mr. Speaker, it is my honor to acknowledge Hajar, Member, Board of Directors; Sheikha Mozah Nasser al-Misnad have made an ambi- the deeds and fortunes of this outstanding cit- bint Abdullah Al-Misnad, Member, Board of Di- tious and visionary investment in their people izen, Harry Shasho. Harry got an early start in rectors; Mohammed Fathy Saoud, Member, and their economy by creating the Education business and in fact, says he has been a busi- Board of Directors; and, Cornell University City. Recognizing that development and ad- nessman since he was 12 years old. In 1976 Leadership: Peter C. Meinig, Chairman, Board vancement will only come with an upgrade to when Harry moved to Charles County, he of Trustees; Sanford I. Weill, Chairman, Board the educational system, they have succeeded owned a small chain of camera and elec- of Overseers Weill Cornell Medical College; in fostering the interaction of various dis- tronics stores on F St. in Washington, D.C. In Jeffrey S. Lehman, President; Antonio M. ciplines, cultures, and ideas through the Edu- 1985, he sold his portion of the business and Gotto, Jr., Provost for Medical Affairs and Ste- cation City. The Qatar Foundation logo, the began selling real estate; first residential, then phen and Suzanne Weiss Dean, Weill Cornell Sidra tree, represents nourishment for these commercial. In 1989, Harry went to work for Medical College; Daniel R. Alonso, Dean, ideals and serves as a reminder that Qatar is Baldus Real Estate and started their Commer- Weill Cornell Medical College in Qatar. To- forging the way for democracy, freedom, and cial Division. Now, Baldus is the best known gether with these esteemed colleagues, we human rights in the region. I feel privileged to have participated in this Commercial Company in Southern Maryland. marked the opening of a model institution that As a businessman, Harry recognized the I hope will be replicated throughout the region. revolutionary event and I would like to reit- need to train future leaders and became in- I first visited Doha, Qatar in 1999 for the erate my praise for both the Qatar Foundation volved in helping young men through Boy historic municipal elections where women and for Weill Cornell Medical College in Qatar. Scouts. Over the years, he has not only guid- were first granted the right to vote. At that You have built a bridge that will have a far- ed boys into becoming more effective and pro- time, I met with Her Highness Sheikha Mozah reaching impact into the future and will serve ductive citizens, but has also trained adults to Nasser al-Misnad who requested help in bring- as a model of achievement for many to follow. become better leaders. During his tenure as ing a U.S. medical school to Qatar. I did not f Scoutmaster, his scout troop has produced 12 have to look far to find an extraordinary med- RECOGNIZING THE APPOINTMENT Eagles Scouts, yet another tribute to his com- ical institution that is located in my Congres- OF CADET CLIFFORD T. JACKSON passion. Mr. Shasho continues to serve on sional district. As a result, I took a small part TO CHIEF PETTY OFFICER fundraising committees for the Boy Scouts of in working to forge the relationship between America. Her Highness and Dean Gotto, Provost for HON. JAMES R. LANGEVIN Mr. Shasho has been a leader in the Medical Affairs at Cornell University. Just a OF RHODE ISLAND few short weeks ago, the Qatar branch of the Charles County Chamber of Commerce for IN THE HOUSE OF REPRESENTATIVES over 10 years, holding positions as Board of Weill Cornell Medical College celebrated its in- Director, Secretary, Treasurer, Vice President, auguration. Monday, December 8, 2003 President Elect, and is currently serving as the In a very short period of time, Doha has Mr. LANGEVIN. Mr. Speaker, I proudly rise 2003 President. Under his direction as Presi- been transformed into an academic hub of the today to congratulate Clifford T. Jackson on dent, he has increased membership and built Middle East and has become a strategic ally his announced appointment to Chief Petty Of- a strong alliance between the Chamber and of the United States. Under the leadership of ficer in the United States Naval Sea Cadet County and State government officials. They Her Highness, Qatar has made significant ad- Corps, which is scheduled to occur on Janu- have worked together on many issues which vancements in education, medicine, and ary 9, 2004. Cadet Jackson, of Westerly, impact the business community. science with the opening of the Education Rhode Island, is an honor roll high school sen- In addition to serving with the Charles City. I strongly believe that the opening of ior and has been a member of the Nautilus Di- County Chamber of Commerce, Harry is WCMC–Q marks the beginning of an impor- vision at the Sub Base in New London since

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.101 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2493 March 2001. Cadet Jackson has risen to the INTRODUCTION OF NATIONAL Just as the National Defense Education Act rank of Chief Petty Officer faster than any SECURITY LANGUAGE ACT of 1958 created a generation of scientists, en- other cadet in the 26 years of the Nautilus Di- gineers, and Russian linguists to confront the vision. This accomplishment is only bestowed HON. RUSH D. HOLT enemy of that time, the National Security Lan- upon one half of one percent of approximately OF NEW JERSEY guage Act will give us a generation of Ameri- ten thousand Naval Sea Cadets in the pro- IN THE HOUSE OF REPRESENTATIVES cans able to confront the new threats we face gram and reflects exceptional leadership skills Monday, December 8, 2003 today. and a masterful grasp of seamanship training. f Mr. HOLT. Mr. Speaker, we can no longer I hope our colleagues will join me in con- keep our nation safe if we do not commit our- CONFERENCE REPORT ON H.R. 2622, gratulating Clifford Jackson for his achieve- selves to learning the languages and cultures FAIR AND ACCURATE CREDIT ment, and I wish him great success in his fu- of critical areas around the world. The security TRANSACTIONS ACT OF 2003 ture endeavors. of our troops overseas and the American people here at home demand that we act quickly SPEECH OF f to eliminate the severe shortage of critical HON. DENNIS MOORE IN MEMORY OF U.S. ARMY SPE- need language professionals in this country. OF KANSAS CIALIST REL ALLEN RAVAGO IV Inaction on this issue is not only irresponsible; IN THE HOUSE OF REPRESENTATIVES it’s dangerous. Friday, November 21, 2003 That’s why I rise today to introduce legisla- HON. ADAM B. SCHIFF tion, the National Security Language Act, Mr. MOORE. Mr. Speaker, I rise today in support of the conference report on H.R. OF CALIFORNIA which would significantly expand our investment in foreign language education on the pri- 2622, the Fair and Accurate Credit Trans- IN THE HOUSE OF REPRESENTATIVES mary, secondary, and post-secondary level. actions Act of 2003 (the FACT Act). As a Monday, December 8, 2003 Al Qaeda operates in over 75 countries, member of the House Financial Services where hundreds of languages and dialects are Committee and as a member of the con- Mr. SCHIFF. Mr. Speaker, I rise today to spoken. However, 99 percent of American ference committee that drafted the final honor the memory of my constituent, United high school, college and university programs version of this legislation, I was deeply in- States Army Specialist Rel Allen Ravago IV of concentrate on a dozen (mostly European) volved in the drafting and consideration of this the 1st Battalion, 502nd Infantry Regiment, languages. In fact, more college students cur- measure. 2nd Brigade of the 101st Airborne Division, rently study Ancient Greek (20,858) than Ara- I was pleased to join with my colleagues, who was killed in action on November 23, bic (10,596), Korean (5,211), Persian (1,117), Representatives BACHUS, HOOLEY and 2003 in Mosul, Iraq when hostile forces at- and Pashto (14) put together. We need to do BIGGERT, in introducing this bipartisan meas- tacked his Army vehicle. more to make sure that America has the lan- ure. This bill was approved in subcommittee After graduating from Hoover High School in guage professionals necessary to defend our on a vote of 41–0, in full committee by a vote Glendale, Specialist Ravago soon joined the national security. This cannot be done over- of 63–3 and by the full House by a vote of United States Army and was deployed to Iraq night. We are already years overdue. 392–30 with one voting present. Earlier this in May 2003. He was due to return home next As reported by the 911 Joint Inquiry in July, week, the Senate approved a similar version March at the end of his four-year tenure in the our intelligence community is at 30 percent of this bill by 95–2. Army. From all accounts, he was a dedicated readiness in languages critical to national se- Mr. Speaker, this is the way Congress and enthusiastic soldier who served our coun- curity. Despite this alarming statistic, we do should work. This is the way our constituents try with courage and distinction. not appear to be taking aggressive action to want us to conduct their business. Consider- A talented artist and honorable soldier, Spe- address this problem. When I asked a panel ation of this bill consistently has been bipar- cialist Ravago’s family, friends and fellow serv- of intelligence experts at a recent Intelligence tisan and thoughtful. All members of the com- icemen have spoken with admiration and ven- hearing what the federal government is doing mittee with opinions and proposals on the eration of his commitment to duty, his dedica- to increase the pool of critical need language issues raised by H.R. 2622 were able to offer tion to his unit and his love of country and professionals, they answered with silence. amendments and participate in debate. The family. Two years after the events of September 11, way in which this measure was handled made Students at Hoover High recently erected a we are still failing to address one the most this a stronger piece of legislation than the patriotic memorial of red, white and blue car- fundamental security problems facing this na- version we introduced. I commend our com- nations mixed with American flags, containing tion. mittee’s leadership, Chairman OXLEY and a short, but poignant message attached: Changing our recruiting methods alone will Ranking Democrat FRANK, for making this pos- ‘‘You’ll be missed.’’ not solve the problem. To meet new security sible. needs, we need to create a new domestic Mr. Speaker, the problems of inaccurate Friends, family and loved ones remember pool of foreign language experts and we can and incomplete information that plague the Ravago as a popular student who played in only do that by investing in the classroom. current credit reporting system are of great Hoover High’s drum corps and studied martial The National Security Language Act would personal concern to those of our constituents arts. His former teachers describe him as ‘‘ra- expand federal investment in education in for- who have suffered them. I’m sure each of us diating joy and a love of life’’ with a ‘‘smile that eign languages of critical need, such as Ara- could relate instances involving constituents you could see from miles away.’’ bic, Persian, Korean, Pashto, and Chinese. who have faced tremendous difficulty and ag- I recently had the opportunity to meet with Specifically, my bill would provide loan forgive- gravation in correcting inaccurate credit his- Specialist Ravago’s parents and grandfather ness of up to $10,000 for university students tories. following his death. They told me how proud who major in a critical need foreign language This legislation directly addresses these they were of their son and grandson, how and then take a job either in the federal work- very real problems faced by people every day proud he was to serve his country and how force or as a language teacher. It would proof the year. Our credit system is the envy of much they would always miss him. Our nation vide new grants to American universities to every other country in the world. Our country, owes his family a debt we can never repay establish intensive in-country language study overall, does an excellent job of making credit and Specialist Ravago will never be far from programs and to develop programs that en- available quickly and fairly to consumers and our thoughts. His sacrifice and those of other courage students to pursue advanced science businesses. Enactment of H.R. 2622 will pre- soldiers who have fallen on the field of battle and technology studies in a foreign language. serve and strengthen this system. This con- have kept our nation free. My bill would also establish grants for for- ference agreement permanently extends those On behalf of the United States Congress, I eign language partnerships between local provisions of the 1996 version of the Fair wish to once again, bestow our most heartfelt school districts and foreign language depart- Credit Reporting Act (FCRA) that prevent appreciation for Army Specialist Rel Allen ments at institutions of higher education. And states from enacting stronger credit laws, Ravago’s service and sacrifice for the United it would authorize a national study to identify thereby extending the federal standards in States of America. To his family and loved heritage communities here in the United those areas—including those rules dealing ones: your son, your brother, your grandson, States with native speakers of critical foreign with how affiliates can share consumer infor- your nephew, your cousin and your friend, languages and make them targets of a federal mation. served our country with honor and nobility and marketing campaign encouraging students to The measure also provides new consumer he will be missed. pursue degrees in those languages. protections against identity theft, including the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.105 E09PT1 E2494 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 following new provisions of law. The FACT Act the home purchase and home equity markets The risk based pricing notice in Section 311 will: now have access to credit from mainstream asks mortgage lenders to make subjective de- Provide consumers with a free credit report lenders at rates that reflect the underlying risk cisions in order to determine which borrowers every year from each of the three national of the borrower and the property. Mortgage received ‘‘material terms’’ that are ‘‘materially credit bureaus, from a single centralized credit markets are now fluid and access to less favorable’’ than the ‘‘most favorable source; credit is no longer bifurcated between the terms’’ made available to a ‘‘substantial pro- Give consumers the right to see their credit haves and have-nots. As research by the Fed- portion of consumers.’’ In the context of a scores; eral Reserve Board has shown, the develop- complicated mortgage transaction, this is a Provide consumers with broad new medical ment of risk based pricing and the non-prime truly daunting regulatory burden fraught with privacy rights; lending market has contributed significantly to significant compliance and legal risk. I fear Give consumers the ability to opt-out of in- the recent increases in homeownership rates, that the impact of this risk will force lenders to formation sharing between affiliated compa- especially among low- and moderate-income use fewer risk categories and eliminate prod- nies for marketing purposes; households. uct features to ensure that such comparisons Establish a financial literacy commission With the growth of risk-based pricing comes are easy to make and pose little risk of com- and a national financial literacy campaign; the responsibility to educate consumers about pliance error. This will not be good for con- Ensure that consumers are notified if mer- the impact of less-than-timely repayment be- sumer access to credit or consumer choice. chants are going to report negative information havior and inaccurate credit report data on the As to timing of delivery of a notice, I note to the credit bureaus about them; and cost of credit. One provision of this bill—which that information concerning a consumer’s Extend the seven expiring provisions of the I strongly supported as did all of the major credit history and its relationship to the pricing mortgage lenders—will require that lenders Fair Credit Reporting Act. of mortgage products may best be given to provide every home mortgage borrower with a The FACT Act also includes several signifi- the consumer early in the credit granting so copy of their credit score, the range of pos- cant new provisions addressing the problems that this information can facilitate informed de- sible scores so borrowers can see where they surrounding identity theft. It will: cision-making by the prospective borrower as Allow consumers to place ‘‘fraud alerts’’ in fall in the spectrum, and the top four factors that lowered their score. The notice further ad- well as timely consumer review of credit re- their credit reports to prevent identity thieves ports to ensure accuracy. Better that every from opening accounts in their names, includ- vises borrowers about how credit scores are used and the need to ensure that their credit mortgage borrower get an early disclosure ing special provisions to protect active duty about importance of good credit and an accu- military personnel; report information is accurate. The home mortgage transaction is the only one in which such rate report—before they pay application fees Require creditors to take certain precautions and get invested in a home purchase deci- before extending credit to consumers who information is provided to borrowers and the mortgage industry should be commended for sion—than to get one at the closing table. have placed ‘‘fraud alerts’’ in their files; Recognizing the challenges associated with Allow consumers to block information from supporting it. I am concerned, however, that a second implementing a risk based pricing notice in the being given to a credit bureau and from being provision of this bill—the Section 311 Risk mortgage context, I urge the regulatory agen- reported by a credit bureau if such information Based Pricing Notice—may present problems cies charged with rule making under this Sec- results from identity theft; for the mortgage industry because of the com- tion to report back to the Congress with rec- Provide identity theft victims with a summary plex interaction of underwriting variables that ommendations for how to make the triggering, of their rights; go beyond credit history and extend to prop- timing and content of the risk based pricing Provide consumers with one-call-for-all pro- erty characteristics and borrower financial as- notices work in mortgage transactions without tection by requiring credit bureaus to share sets like down payment and reserves. Specifi- exposing lenders to undue compliance and liti- consumer calls on identity theft, including re- cally, I have concerns with the content and gation risks. These are issues that—if not ad- quested fraud alert blocking. timing of the notice, as well as with the dif- dressed through the rulemaking—will need to Prohibit merchants from printing more than ficulty of determining the circumstances under be reexamined by Congress. the last 5 digits of a payment card on an elec- which the notice would be triggered. Mr. Speaker, I congratulate my fellow con- tronic receipt; There are many variables relating to the ferees for the significant and important legisla- Require banks to develop policies and pro- pricing and terms of mortgage loans that are tion we have produced—the Fair and Accurate cedures to identify potential instances of iden- unrelated to credit scores. These include Credit Transactions Act of 2003—and urge the tity theft; whether the loan has a fixed or variable rate, House to join with me in approving this meas- Require financial institutions to reconcile po- the property type and the condition, the down ure today. tentially fraudulent consumer address informa- payment and loan-to-value ratio, the debt-to- f tion; and income ratio, and the presence or absence of Require lenders to disclose their contact in- features like prepayment penalties, mortgage COMMENDING BELL, BOYD AND formation on consumer reports. insurance or balloon payments. In addition, LLOYD While this legislation was the product of a the pricing of mortgage credit also changes bipartisan consensus and a conference proce- frequently, sometimes several times a day, HON. MARK STEVEN KIRK dure that produced what, overall, is an out- based upon market conditions or a lender’s OF ILLINOIS standing measure, I would like to raise con- need for product to meet its production goals. IN THE HOUSE OF REPRESENTATIVES cerns with one provision of the bill that I be- Finally, the interest rate that borrowers pay— Monday, December 8, 2003 lieve may need to be re-addressed in the near even for the exact same loan closing on the future, or we may run the risk of thwarting the same day—will vary widely based on when Mr. KIRK. Mr. Speaker, if we relied solely continued evolution of risk-based pricing in the the borrower locked-in the interest rate. In on what is reported on the air and in print, we home mortgage market. First, I would like to other words, borrowers who close on the might believe that soldiers—particularly reserv- talk about the benefits of risk-based pricing in same day may have interest rates that were ists—enjoy little or no support for their Iraqi the mortgage market. Not too long ago, only set weeks apart from one another. mission here at home. I am honored to report borrowers that fit the industry’s cookie cutter In addition, the final combination of rates that this is not the case by recognizing the mold of creditworthiness were deemed quali- and terms will reflect not only credit informa- Chicago law firm of Bell, Boyd and Lloyd for fied to purchase a home or to tap their home tion, but the nature of the collateral, the finan- their outstanding commitment to their junior equity. The market was two-tiered—all those cial assets of the borrower and choices made partner, Captain Todd Pentecost, commanding who fit the mold got credit at the same price, by borrowers based on their own personal cir- officer of the 933rd Military Police company of and those who didn’t fit the mold got no credit cumstances. What is favorable to one bor- the Illinois Army National Guard serving in at all. rower—for example, a higher rate in exchange Iraq. . But that has changed dramatically in recent for no closing costs—may not be for another. Jack McCarthy, the firm’s chairman, rallied years. More sophisticated risk measurement What is a material term? Just rates and fees? Todd’s fellow workers in support of this young models were developed in the 1990s—helped Or is a fixed rate loan better than an adjust- soldier who has a wife and year-old daughter in large part by the uniform credit reporting able? If a borrower gets a lower interest rate at home in Bartlett, Illinois. In addition to con- standards we are today preserving in this because he or she chooses a prepayment tinuing his salary and benefits, Bell, Boyd and bill—that allow lenders to accurately measure penalty, who gets the notice—the borrower Lloyd sent 29 boxes of gifts to Todd and his credit risk and price it accordingly. The result with the lower rate or the one with the prepay- unit for the holidays. When Todd left for duty has been that families previously shut out of ment penalty? in Iraq last February, the firm committed to

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send packages from home every week. The an unyielding enthusiasm and care for the thank Chairman HUNTER and his staff for boxes that just arrived for Todd and his unit public which it serves. working closely with us on this matter of crit- include books, magazines, videos, DVD’s, For its incomparable generosity, service to ical importance to the military and national se- snacks and personal items. Best of all, 200 of the community, and unabated commitment to curity of the United States. Todd’s fellow soldiers will receive a card of excellence, Leonard S. Fiore, Inc. deserves f their own for 60 minutes of long distance call- the highest recognition. The company con- ing time. Three weeks ago three boxes were tinues to grow and maintain a high level of IN RECOGNITION OF THE ACCOM- shipped that included a Christmas tree, deco- quality, providing an example that all busi- PLISHMENTS OF GORDON PARKS rations, cards, pens and stationery for their nesses should follow. I congratulate Leonard personal use. S. Fiore, Inc. on its 50th Anniversary and ea- HON. CHARLES B. RANGEL I applaud the partners of Bell, Boyd and gerly await its future progress. OF NEW YORK Lloyd for their efforts, not only during this sea- f IN THE HOUSE OF REPRESENTATIVES son, but for their caring and compassion Monday, December 8, 2003 throughout the year. Their support of the MARITIME SECURITY PROGRAM brave citizen soldiers serving in Iraq deserves Mr. RANGEL. Mr. Speaker, I rise today to recognition. The support of our troops almost HON. W.J. (Billy) TAUZIN recognize one of this nation’s most distin- always goes unnoticed. I noticed. Many of my OF LOUISIANA guished talents in commemoration of his birth- colleagues also noticed and we offer our sin- IN THE HOUSE OF REPRESENTATIVES day. As a renowned photographer, poet, author, filmmaker and composer, Gordon Parks cerest thanks to Captain Pentecost, his wife, Monday, December 8, 2003 and their supporters at Bell, Boyd and Lloyd. has secured his place in American society as Mr. TAUZIN. Mr. Speaker, I rise today to ex- a true Renaissance man of the arts. Born on f press my appreciation to Chairman DUNCAN November 30, 1912 in Kansas, Mr. Parks CONGRATULATIONS TO LEONARD HUNTER of the House Armed Services Com- grew up the youngest of fifteen children in an S. FIORE, INC. mittee for his successful efforts to reauthorize environment stricken by poverty and racism. the Maritime Security Program (MSP) in the With the guidance of his loving, inspiring par- HON. BILL SHUSTER recently-passed National Defense Authoriza- ents, he persevered despite his cir- OF PENNSYLVANIA tion Act for Fiscal Year 2004. The vitally im- cumstances. IN THE HOUSE OF REPRESENTATIVES portant MSP program will ensure that mili- Gordon Parks began his photographic jour- tarily-useful, United States flag commercial ney at the age of 25, when he bought his first Monday, December 8, 2003 vessels crewed by American citizens are avail- camera, affectionately referred to as his Mr. SHUSTER. Mr. Speaker, I rise today to able for this Nation’s military and national se- ‘‘weapon against poverty and racism.’’ This congratulate Leonard S. Fiore, Inc. on its 50th curity needs. simple instrument did just that, allowing him to Anniversary and to thank the general con- In the MSP program reauthorization, the break the constraints of discrimination and rise tracting corporation for its numerous contribu- Congress has ensured that no unreasonable to greatness as an artist. In 1941, Mr. Parks tions to the community. impediments stand in the way of obtaining became the first photographer to receive a fel- For more than four decades, Leonard S. U.S.-flag roll-on/roll-off, container and other lowship from the Julius Rosenwald Foundation Fiore, Inc. has maintained a strong commit- militarily-useful MSP vessels for the transport and the following year, he was commissioned ment to people, hard work, and education. of military vehicles, supplies and other mate- by the Farm Security Administration to create The company was founded by Leonard Fiore riel in support of U.S. military operations a visual record of the lives of America’s poor Sr. in 1954 upon the principle of providing effi- around the world. Chairman HUNTER’s support in urban and rural communities. During this cient, top quality work at a reasonable cost, was vital to our efforts to clarify the original in- project, he captured one of his most popular, and the progress that it has made in the past tent of certain vessel equipment provisions in compelling photographs, American Gothic, the fifty years confirms the company’s dedication the Maritime Security Act of 1996 that first cre- image of Ella Watson standing in front of the to this principle. In 1957 the company com- ated the MSP program. Specifically, it is now American flag, holding a broom. pleted its first commercial construction project clear that existing vessels built to international He moved on to become the first Black pho- with the erection of the Altoona Skating Center standards may be documented under the tographer to work at both Life and Vogue and the St. Rose of Lima Church in Altoona. United States flag for inclusion in the MSP Magazines where he coined his unique style Since that date, the company has expanded program when the telecommunications and of focusing a series on one person to convey its capabilities and heightened its goals tre- other electronic equipment on such vessels a story of humanity. Aside from chronicling the mendously, having provided jobs to over 250 meets internationally accepted standards. intense emotions of America’s poorest, the people and completed over 300 commercial As Chairman of the Energy and Commerce civil rights movement and the surge of Black buildings. Committee, and with my dear colleague from Nationalism, Mr. Parks’ photographic rep- As one of central Pennsylvania’s leading Louisiana, Congressman VITTER, we worked ertoire also featured images of leading societal general contractors, Leonard S. Fiore, Inc. of- closely with Chairman HUNTER to ensure that figures such as Langston Hughes, Duke fers demolition, excavation, concrete and steel appropriate telecommunications and other Ellington, Ingrid Bergman, Barbara Streisand, erection, masonry, carpentry, metal stud and electronic equipment standards are applied to Mohammed Ali, and Marcel Duchamp. drywall work as well as plastering, painting, MSP vessels. When the MSP program was Gordon Parks tried his hand in cinema, and a certified surveyor. Devoted to the belief originally enacted, the law provided that a ves- making eleven films, including ‘‘The Learning that ‘‘no job is too large, no need too small,’’ sel that meets internationally accepted con- Tree’’, based on his autobiographical novel, every job that the company undertakes re- struction and equipment standards may be re- and the 1971 film, ‘‘Shaft’’. Mr. Parks has also ceives the same enthusiasm and quality of flagged under the United States flag for oper- published twelve books, three about his life, workmanship. Regardless of the task at hand, ation in the MSP. That provision was intended and several are collections of poetry and pho- the experience and expertise of each and to apply to all vessel equipment, including tography. Musically inclined, Gordon Parks every employee guarantees every project to telecommunication and other electronic equip- also composed a number of sonatas, con- be completed with the best possible results. ment. The National Defense Authorization Act certos, a symphony and a ballet, all of which In addition to the organization’s excellence for Fiscal Year 2004 now clarifies that matter. have been performed internationally. in its industry, it has remained extremely loyal Accordingly, it is now clear that a vessel Mr. Parks has also received a number of to the surrounding community. Leonard S. may be added to the U.S.-flag commercial awards for his outstanding contributions, in- Fiore, Inc. regularly supports Saint Francis fleet for operation in the MSP program if it is cluding: Photographer of the Year from the College in Loretto, PA, and Bishop Guilfoyle built to international standards, and the tele- American Society of Magazine Photographers High School in Hollidaysburg, PA, providing communications and other radio equipment (1960 and 1985), induction into The Black them with financial assistance and volunteer aboard the vessels comply with applicable Film Makers Hall of Fame (1973), induction services. Additionally, the company sponsors international Safety of Life at Sea (SOLAS) into the NAACP Hall of Fame (1984), Gov- local little league baseball teams, the Tour de Convention requirements. This is in keeping ernor’s Medal of Honor from the State of Kan- Toona bicycle race, and the annual Fiore with the elimination of financial and other bur- sas (1985), and honorary degrees from thir- Family Golf Classic, which is a popular event dens that the Congress specifically sought to teen separate academic institutions. that raises money for various community serv- remove through the establishment of the Mari- Gordon Parks now resides in New York City ices. Leonard S. Fiore, Inc. has demonstrated time Security Program. I would like to again and continues to enjoy the recognition earned

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.111 E09PT1 E2496 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 by his rich legacy as the premier photo- she still has very clear memories of. This in- Yet on this anniversary we recall not how journalist and creative mind of his time. credible woman witnessed an America that al- President Kennedy died, but rather, how he f most none of us can say we truly knew; an lived; not just the tragedy of a single day, but America that wrestled to establish the ideals of the triumphs of one thousand days—of a pres- CENTRAL NEW JERSEY CELE- democracy and freedom while continuing to idency and a President that guides us still. BRATES THE SUCCESS OF NJ/K12 oppress and terrorize those of African de- The first American President born of the ARCHITECTS BUILD AND BE- scent. However, like many African Americans 20th Century, President Kennedy embodied LIEVE PROGRAM of her time, Ms. Davis transcended that op- the hopes, the optimism, the vigor and the vi- pression and in doing so helped bring a nation tality of a new generation of Americans. In- HON. RUSH D. HOLT closer to its great potential. spired by his call to cross a New Frontier, OF NEW JERSEY The proud mother of five daughters, grand- America began a bold journey that would take IN THE HOUSE OF REPRESENTATIVES mother of 10 grandchildren and great grand- us to the moon. Young, idealistic Americans Monday, December 8, 2003 mother of 30 great grandchildren, Ms. Davis entered public service and joined the Peace spent most of her life working as a nanny and Corps. Courageous African-Americans be- Mr. HOLT. Mr. Speaker, I rise stoday to rec- housekeeper to support her family. Today, she came Freedom Riders, challenging the evils of ognize the success of twelve apprentice archi- lives alone in the Bronx and is described by segregation and leading to the greatest dem- tects and their mentors. These twelve students those close to her as being a lovable, God onstration for justice in American history—the from Trenton Central High School and Law- fearing woman who still attends her church, 1963 March on Washington. rence High School participated in an intensive the Great Methodist Baptist Church of Manhat- A veteran of World War II, President Ken- summer program in which they learned archi- tan, regularly. nedy knew that in those dangerous days of tectural and design skills that allowed them to Mr. Speaker, Ms. Davis lived through two the Cold War, military strength was essential, design two projects. Divided into three groups, World Wars, the Cold War, Vietnam, and two yet ‘‘war need not be inevitable.’’ Through the each group prepared an original design for a wars in Iraq. She has seen 20 Presidents crisis over Berlin and 13 days in October warehouse and a renovation design for a enter the White House and witnessed Amer- 1962, his resolve averted the unthinkable. And building at Trenton Central High School. Then ica’s role in the world evolve from a non-influ- through it all he knew something we must simulating a business world, they prepared ential nation to the most powerful nation the never forget—America stands strongest when proposals for each project to go to bid. These world has ever known. She was here before it stands with friends and allies. projects represent hours of hard work, dedica- Henry Ford introduced the Model T, and even Yet this Cold Warrior also knew that true tion, collaboration and communication among before the Wright Brothers took their famous and lasting peace demands the elimination of students, mentors and community members. flight in Kitty Hawk, North Carolina. There are the fury of despair and instability that plagues This program is a fine example of teaching only a few people on earth who can say that too much of the world. President Kennedy’s vi- practical math skills. It involves identifying a they have witnessed all of these events first sion of a future where ‘‘the weak are safe and problem, developing an approach to solve it, hand and Ms. Davis should certainly be proud the strong are just’’ inspired those young testing that approach, and eventually imple- to be one of them. Peace Corps volunteers to build a better menting a solution. For her many contributions to her commu- world—combating poverty, illiteracy, disease The students worked under the leadership nity and to this nation, I ask my colleagues to and hunger. of three mentor architects, Vince Myers, Har- join me in honoring Ms. Mary Davis on her A man of deep faith, President Kennedy vey Myers and Bob Iamello. They were di- 108th birthday. knew that ‘‘here on earth God’s work must vided into three studios: Latin Architects in Ac- f truly be our own.’’ And so this man of privilege tion, Edgar Gonzales, Byron Zacarias, Judith challenged the nation to reject private comfort Rodriques, Raykel Abreu; Professional Build- 40TH ANNIVERSARY OF for the public interest to fight for higher wages ing Design Architects, Patrick Alvarado, PRESIDENT KENNEDY’S DEATH for workers, housing and medical care for the Shaneeka Ingram, Edvin Zacarias, Brandon poor, dignity and security for the elderly. And Bey; Architect Design Perfection, Leidy Toro, HON. NANCY PELOSI although he did not live to see the day, his vi- John Frink, Jamie Rodas, Vamey Keita. Work- OF CALIFORNIA sion of a more just America would come closing together as mentor and studio, each stu- IN THE HOUSE OF REPRESENTATIVES er with the Civil Rights Act of 1964. dent learned many skills including design, Monday, December 8, 2003 Ever since his death, Americans have won- math computation, teamwork, public speaking, Ms. PELOSI. Mr. Speaker, ‘‘A nation reveals dered—how might the days and years that fol- critical evaluation and long-range thinking. lowed have been different had he lived? Per- Programs like these reflect my values about itself not only by [the individuals] it produces, but also by [those] it honors, [those] it remem- haps the more important questions might be— the necessity for excellent math and science have we lived up to the challenge he issued education. Math is not just another subject. bers.’’ President John F. Kennedy spoke these so long ago? Have we kept alive the spirit and Math is fundamental like reading. A mathe- high purpose that he kindled? Have we matical framework provides us the skill for life- words 40 years ago, less than a month before he was tragically killed in Dallas. On the 40th achieved the national greatness that he imag- long learning, for creating progress itself. ined? These are very important skills for the very anniversary of that sad month, which lives so vividly in our memory, America honors and re- Forty years later, President Kennedy chal- complex times in which we live. lenges us still. As we remember his death, let I ask that all the Members join me in con- members President Kennedy. In doing so, we reveal once more the nation he imagined and us rededicate ourselves—as a people, as a gratulating these 12 students and three men- nation—to the principles and vision that de- tors for their excellence in using mathematics the country we might yet become. Like a generation of Americans, I carry with fined his life. On this somber anniversary, to design real buildings for real life. me strong memories of President Kennedy. As there can be no higher tribute. f a college student standing on the grounds of f TRIBUTE TO MARY DAVIS ON HER the Capitol on a freezing cold January day, I LUISA DELAURO’S 90TH BIRTHDAY 108TH BIRTHDAY listened to President Kennedy’s enduring challenge now known the world over: ‘‘And so, my HON. ROSA L. DeLAURO ´ fellow Americans: ask not what your country HON. JOSE E. SERRANO OF CONNECTICUT OF NEW YORK can do for you, ask what you can do for your IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES country.’’ And I have always remembered the less Monday, December 8, 2003 Monday, December 8, 2003 well-known—but equally important—line that Ms. DELAURO. Mr. Speaker, I rise to con- Mr. SERRANO. Mr. Speaker it is with great followed: ‘‘My fellow citizens of the world: ask gratulate my mother, Luisa DeLauro, as she pleasure that I rise today to pay tribute to Ms. not what America will do for you, but what to- celebrates her 90th birthday on December Mary Davis, a resident of the Bronx, New York gether we can do for the freedom of man- 24th. She is—in every sense of the word—a who will turn 108 this month. Ms. Davis is a kind.’’ remarkable person—someone who made a living testimony to the indomitable spirit of our Those of us who lived through those awful good life for herself and her family from the great nation. November days 40 years ago will always re- humblest beginnings. Born December 12, 1895 in Florida, Ms. member the shock and never forget the sad- From her, I learned the values I carry with Davis was the granddaughter of slaves, whom ness. me to this day—she taught me the meaning of

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.114 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2497 hard work, of family and community. When I Despite these enormous costs, the White operation that stretches nearly 80 miles, the grew up, she worked in a sweatshop, sewing House has consistently refused to address this brothers farm over 8,000 acres of melons, shirt collars for pennies. Everyday she would issue. The White House has refused to re- beans, cotton, tree crops, and, most-notably, make me come by after school to see the hor- spond to our inquiries or offer any explanation tomatoes. The family is one of the largest to- rible, cramped conditions. It is something I will for the high costs being paid by the taxpayer. mato shippers in the country. never forget. The lesson was clear: work hard. Today, I call on the White House to imme- The family’s commitment to the environment Make something of yourself. Get a good edu- diately investigate this matter and respond to and to agricultural and community organiza- cation. the concerns raised in our letters. tions has been evident through the years. The She took her own lessons to heart, retiring f brothers have served on several boards and 4 years ago after 35 years on the New Haven committees and offer their time to numerous Board of Alderman—the longest serving mem- TRIBUTE TO CAROL DODO community organizations. Harvesting with the ber in its history. During that time, she latest and cleanest machinery, as well as the touched countless lives. I will always remem- HON. SCOTT McINNIS support offered for research and improve- ber the people sitting around my parents’ OF COLORADO ments in farming, have earned the Perez kitchen table in Wooster Square in New IN THE HOUSE OF REPRESENTATIVES Brothers an earth-friendly reputation. Mr. Speaker, it is my pleasure to commend Haven. There, I witnessed firsthand how she Monday, December 8, 2003 and my father helped solve the problems of the Perez Brothers for their induction into the people in our neighborhood. Mr. MCINNIS. Mr. Speaker, it is with great 2003 Stanislaus County Ag Center Foundation My mother knew the importance of helping pride that I rise today to pay tribute to a tal- Ag Hall of Fame. I invite my colleagues to join people—she understood that politics was an ented rancher from New Castle, Colorado. me in wishing the Perez Brothers continued avenue for change. She also understood that Carol Dodo is a family-oriented rancher who success. women had an obligation to participate in the has been feeding the citizens of Colorado for f political process. When I first ran for Congress forty years. Carol is an intelligent educator and in 1990, I found an article my mother wrote in active participant in the beef industry and I IN MEMORY OF NARAYAN D. the 10th ward Democratic newsletter in would like to join my colleagues here today in KESHAVAN 1933—70 years ago. Amazingly, she wrote: recognizing her tremendous service to the It is not my intention to be critical, rather New Castle community. HON. GARY L. ACKERMAN my motive in writing this article is to en- The Colorado Cattlemen/Cattlewomen’s As- OF NEW YORK courage the female members of this organi- sociation recently named Carol Dodo IN THE HOUSE OF REPRESENTATIVES zation to take a more active part in its af- Cattlewoman of the Year for her long-time Monday, December 8, 2003 fairs. We are not living in the middle ages dedication to her trade. Carol runs a cow-calf when a woman’s part in life was merely to organization at West Elk Ranch north of New Mr. ACKERMAN. Mr. Speaker, I rise today serve her master in her home, but we have Castle. She has been in the ranching business to pay tribute to the memory of Narayan gradually taken our place in every phase of since the mid-fifties and has increased her in- Keshavan who passed away suddenly and un- human endeavor, and even in the here-to-for expectedly last week. stronghold of the male sex: politics. I have volvement in the industry over the years by noticed that the girls, unlike the men, are promoting and educating people about the Keshavan worked for me from January of timid in asserting themselves, and many a benefits of eating beef. Despite the dwindling 1998 until June of 2001. During much of that good idea is lost, having been suppressed by number of ranching operations over the years, time I was the Co-chair of the Congressional its creator. Come on girls, let’s make our- the Dodo family maintains that raising cattle is Caucus on India and Indian-Americans and selves heard. a rewarding occupation. Keshavan helped me stay abreast of the And so, mom, I want to take this opportunity Mr. Speaker, Carol Dodo is a dedicated in- issues facing India and Indian-Americans and to say, ‘‘You made yourself heard.’’ You con- dividual who is actively involved in the organi- stay in contact with the vibrant community tinue to make us all proud. Thank you and zation and facilitation of the beef industry in here. congratulations on your ninth decade. You are Colorado. Carol has demonstrated a love for Keshavan had a love for two countries. His your daughter’s greatest inspiration. ranching that resonates in her compassionate adopted home, the United States and his an- f and selfless service to the Colorado Commu- cestral home, India. So few people modestly nity. Carol’s enthusiasm and commitment cer- and selflessly served to help U.S.-India rela- HALLIBURTON tainly deserve the recognition of this body of tions through such dramatic periods of growth Congress. Congratulations on your award and change. Keshavan was an early and HON. HENRY A. WAXMAN Carol, I wish you all the best in your future en- vocal advocate for a different kind of relation- OF CALIFORNIA deavors. ship between the oldest and largest democ- IN THE HOUSE OF REPRESENTATIVES f racies in the world. He saw the possibility, in fact the necessity, of India and the United Monday, December 8, 2003 HONORING THE PEREZ BROTHERS States working closely together well before it Mr. WAXMAN. Mr. Speaker, over the past was evident to leaders in either country. In a two months Rep. JOHN DINGELL and I have HON. GEORGE RADANOVICH clear example of bringing the two cultures written to the White House several times seek- OF CALIFORNIA closer together, Kesh was one of the Indian ing an explanation for the high prices Halli- IN THE HOUSE OF REPRESENTATIVES Americans who made the October 23, 2003 burton is charging to import gasoline into Iraq. First Deepavali Event at the White House hap- We have repeatedly expressed concern that Monday, December 8, 2003 pen. Halliburton has been paid an average price of Mr. RADANOVICH. Mr. Speaker, I rise Born May 31, 1950 in Hyderabad, India, $2.64 per gallon to import millions of gallons today to congratulate the Perez Brothers upon Keshavan was a graduate of Andhra Univer- of gasoline from Kuwait into Iraq. their induction into the 2003 Stanislaus County sity (Visakahapatnam, India) where he re- Halliburton’s price is more than double what Ag Center Foundation Ag Hall of Fame. Their ceived a BA in Pharmacy and Osmania Uni- others have paid to import gasoline from Ku- contributions to agriculture have been felt versity (Hyderabad, India) with a BA and MA wait into Iraq, including Iraq’s state-owned oil across the nation. The brothers, Tom, Earl, in journalism. Over his impressive career as a company, SOMO, and the Pentagon’s own Daniel, and Mike, will be honored at the 2003 journalist, Kesh was respected for his vision Defense Energy Support Center. In addition, Ag Hall of Fame Dinner on December 4 at the and commitment to politics and Indo-U.S. Re- independent experts I consulted have called Stanislaus County Ag Center in California. lations. In addition to working for the Congres- these charges a ‘‘huge ripoff’’ of the taxpayer. The Perez Brothers have been leaders in sional Caucus on India and Indian-Americans, Gasoline imports are one of the single larg- the agricultural industry since the 1940s, but he was the Founder and Executive Director of est expenditures of U.S. reconstruction efforts the legacy was started earlier by their father, the Indian American Republican Council, and in Iraq. To date, nearly $450 million has been Juan, in northern Spain. In the early 1900s, President of the Indian American Forum for spent on gasoline imports, and an additional the search for greater opportunities led Mr. Political Education (NYC and LI chapter). He $690 million has been appropriated for gaso- Perez to California. In 1936, the family moved also was a founder of the Indo-U.S. Par- line and other fuel imports in 2004. Literally to the San Joaquin Valley and started farming liamentary Forum. He served as a mentor to hundreds of millions of taxpayer dollars are at 280 acres. Their father had visions of the val- countless individuals of all ages and faiths, stake. ley being rich in agriculture. Today, with an deeply touching the lives of many here and in

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.118 E09PT1 E2498 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 India, even those he knew only a short time. members of the ‘‘Woods-Valentine Mortuary Pleaser so they can bring the entire family for People loved Kesh for his honesty, intelligence family’’ who have greatly contributed to the a celebration of their graduation. and humor. success of the business. Mr. Speaker, I urge this body to identify and Kesh passed away on Thursday, November I ask all Members to join me today in hon- recognize other companies in their own dis- 13 after he appeared on CNN in a interview oring Woods-Valentine Mortuary for its 75 tricts whose actions have so greatly benefitted with Lou Dobbs where he defended India in years of dedicated service to the community. and strengthened America’s families and com- the growing political issue of outsourcing. f munities. Keshavan is survived by his father and sister. f I ask all my colleagues to join me in paying HONORING N.A. ‘‘TURK’’ BAZ tribute to a journalist, public servant and tire- CAPT GEORGE A. WOOD—A NATION less community activist, Narayan Keshavan. HON. LINCOLN DAVIS MOURNS HIS LOSS f OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES HON. SHERWOOD BOEHLERT RECOGNIZING WOODS-VALENTINE OF NEW YORK MORTUARY’S 75TH ANNIVERSARY Monday, December 8, 2003 IN THE HOUSE OF REPRESENTATIVES Mr. DAVIS of Tennessee. Mr. Speaker, I HON. ADAM B. SCHIFF rise today to salute and honor Turk Baz. I Monday, December 8, 2003 OF CALIFORNIA have known Turk for many years, and he is a Mr. BOEHLERT. Mr. Speaker, the people of IN THE HOUSE OF REPRESENTATIVES testament to the service, dedication, and dili- New York’s 24th Congressional District and gence to his listeners on the local radio by America suffered a terrible loss on November Monday, December 8, 2003 providing daily weather updates. 20, 2003. U.S. Army Captain George A. Mr. SCHIFF. I rise today to honor Woods- Turk, a veteran radio broadcaster and Wood, originally of Marcy, New York, died Valentine Mortuary in Pasadena, California. owner of WDEB FM/AM, has been a fixture in while valiantly serving his country in the War Woods-Valentine Mortuary, one of the oldest Fentress County, Tennessee, for many years. in Iraq. He paid the ultimate price to ensure African-American, family-owned and operated He was recently honored by the National our liberty. He gave his life so that the people businesses in the twenty-ninth Congressional Weather Service for his more than 20 years of of Iraq could live without repression and fear— District, is celebrating its 75th anniversary on service by presenting him with its John and he gave his life so that Americans could December 14, 2003. Campanius Holm Award. The annual award feel safe to live their lives under a blanket of The James Woods Funeral Parlor, located goes to 25 individuals among the agency’s freedom. That freedom comes with a high at 87 S. Vernon Avenue in Pasadena, was 11,000 plus volunteer weather observers: The price and we are eternally grateful for his dedi- founded in 1928 by James and Annie Mae award has been given since 1959. cation and commitment to the ideals that we Woods. In 1950, after the death of Mr. Woods, One of his greatest qualities is his modesty. hold dear. his nephew Fred W. Valentine continued to During the acceptance ceremony, he said he Captain Wood personified the qualities and run the business for Mrs. Woods. In 1954, was accepting the award on behalf of his radio dedication that make our U.S. military the Fred and his wife, Arzella, purchased the busi- station’s staff and the many volunteers who greatest armed forces in the world. As a ness and it became the Woods-Valentine Mor- are part of the Fentress County Emergency young man in the Mohawk Valley, Captain tuary. The Valentines relocated the business Service Organization. Fentress Countians are Wood excelled in both academics and ath- to its current location at 1455 N. Fair Oaks Av- blessed to have someone like Turk looking out letics. He was known as a ‘‘history buff,’’ going enue in 1963 and built a new structure, which for them. on to earn a bachelor’s degree from the Ivy received a Pasadena Beautiful Foundation f League’s Cornell University. He continued his award for architectural design and color co- education by earning master’s degrees at both ordination. HONORING THE STATE WINNER State University of New York-Cortland and Woods-Valentine Mortuary has a well-de- AND NATIONAL FINALIST FOR State University of New York-Albany. Captain served reputation as a professional, compas- RECOGNITION OF OUTSTANDING Wood’s athletic endeavors led him to captain sionate and dignified business. The mortuary COMMITMENT TO THE COMMU- the Notre Dame Junior-Senior High School staff members serve the community not only NITY football team in his senior year. He hoped to by offering counseling and funeral services, one day share his love of football as a coach but also by their immense community and HON. JERRY WELLER at the West Point Military Academy. civic involvement. OF ILLINOIS Captain Wood was assigned to the Army’s Fred and Arzella Valentine have served on IN THE HOUSE OF REPRESENTATIVES 4th Infantry Division based in Fort Hood, the boards of many professional and civic or- Monday, December 8, 2003 Texas. He was killed while on patrol when his ganizations, such as the Los Angeles County tank rolled over an improvised explosive de- Funeral Directors Association, the National Fu- Mr. WELLER. Mr. Speaker, I rise today to vice. neral Directors Association, the California honor Monical’s Pizza Corporation (Monical’s) I ask my colleagues in the House, and all Board of Funeral Directors, the Pasadena Al- for being the State winner and national finalist Americans, to extend our prayers and sym- tadena Links, and the Soroptomist Club. The for Recognition of Outstanding Commitment to pathy to his wife Lisa and their 3-year old Valentines are also members of many civic or- the Community and being awarded the Res- daughter Maria, Captain Wood’s mother and ganizations including the San Gabriel Valley taurant Neighbor Awards. This is the 5th an- stepfather Maria and Michael Babula of Marcy, Black Business Association, the Pasadena nual year for the award. New York, as well as the rest of his family. Chamber of Commerce, the Pasadena Urban One day a week, for 17 weeks, youths par- Together we honor this fallen American hero. League, and are lifetime members and past ticipating in the D.A.R.E. (Drug Abuse Resist- f board members of the Pasadena NAACP. In ance Education) program receive an education addition, the Valentines have sponsored on drug abuse resistance. Monical’s saw this NATIONAL CONSUMERS LEAGUE Northwest Pasadena Little League teams for as an opportunity to help reach out to youths PRESIDENT LINDA GOLODNER forty years, volunteered for many years in before drug addiction starts. Since 1990, the ENDORSES INTRODUCTION OF Pasadena’s public schools and libraries, and restaurant has handed out more than 200,000 H.R. 3139, THE YOUTH WORKER contribute annually to many scholarship funds. free pizza certificates to children who com- PROTECTION ACT They are also active in their church, Friend- plete the D.A.R.E. program—a contribution to- ship Baptist Church. taling more than $1 million. HON. TOM LANTOS Woods-Valentine Mortuary is truly a family- Monical’s commitment to D.A.R.E. began OF CALIFORNIA owned business. Fred and Arzella’s daugh- with a simple collaboration with the Lincoln, Il- IN THE HOUSE OF REPRESENTATIVES ters, Janyce Valentine and Gail Valentine Tay- linois, police department to donate pizzas to lor, are part owners. Arzella’s sister, Vannie students who graduated from D.A.R.E. Today, Monday, December 8, 2003 Brown, Fred’s brothers, Clifton Valentine (who Monical’s extends this opportunity to every Mr. LANTOS. Mr. Speaker, as you are died in 1999) and James Adkins, along with community D.A.R.E. program located near one aware, at the start of the 20th century the Laven Lanier, James Barker, Ernest Gomez, of their 50-plus restaurants. This translates state of child labor conditions in our country Lenston Marrow, James Ross, Leo Vaughn, into a value of more than $1 million. Students was so deplorable that it was not uncommon Julius Henderson and Juan Wooden, are other also receive a coupon for a Monical’s Family for children to be working 60 or 70-hour weeks

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.121 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2499 in the hardest forms of labor—in our nation’s injury or fatality. We have focused on child Delegate Alston H. Smith, Jr., an outstanding mines, mills and in the farm fields. It was labor reform that reflects the realities of to- citizen of Winchester, Virginia, who, for nearly these conditions that the National Consumers day’s workplaces and today’s educational half a century, has served his community and needs. League was created to alleviate. Young people who choose to have after country. Through the hard work and dedication of its school jobs should not have to compromise Delegate Smith’s successful career began in members, the National Consumers League their education to do so. Yet, many do. 1954 when he cofounded Shenandoah Foods was able to secure the passage of the Fair Under the Fair Labor Standards Act, a 16- 2000, a major employer for the Shenandoah Labor Standards Act in 1938. This monu- and 17-year-old can try to juggle as much as Valley. He served on the boards of both Jef- mental legislation has been the backbone for 40 hours of work per week, in addition to ferson Bankshares and First Bank, playing a ensuring that American workers are treated their 30 hours of school. Combined, this is critical role in assisting the economic develop- fairly and humanely. Specifically, the legisla- more work than is expected of most adults in ment of western Virginia. this country. Whether short-sighted about tion enacted sweeping reforms to the use of their own education or facing coercion from Delegate Smith also faithfully served in the child labor in our country that were designed employers, many young people work too Virginia House of Delegates for over 20 years, to prevent the exploitation of youth workers. many hours. Studies show that when teens where he was a Democratic leader and tire- In the 60 years since the passage of this work over 20 hours a week while school is in less advocate of public education. He was in- extraordinary legislation our economy has session that their grades go down and often strumental in the development of the Win- changed dramatically. It is appalling to learn alcohol and drug abuses escalates. Many chester/Frederick County area, bringing critical that in our great country, the occupational in- work well over 20 hours a week in after- improvements to his beloved Shenandoah school and weekend jobs. jury rate for children and teens is more than Teen worker injuries are also escalating. University. twice as high than it is for adults. In fact, the The National Institute for Occupational Delegate Smith not only dedicated himself National Institute for Occupational Safety and Safety and Health has raised estimates on to the Winchester/Frederick County area, but Health (NIOSH) estimates that every year youth worker injuries from 200,000 in 1992 to also worked to bring progress to the entire 230,000 teens are injured on the job. I am cer- 230,000 in 1998. Every year, between 60–70 Commonwealth. For nearly a decade, he tain that all of my colleagues will agree with young people die in the workplace. Outdated served the interests of the coalfields of Vir- me that these statistics are a national disgrace child labor laws—written in the 1930s—can- ginia as chairman of the House Mining and and are totally unacceptable for a civilized, ad- not and do not adequately protect our na- Mineral Resources Committee. tion’s young workers from workplace haz- Delegate Smith certainly has recognized vanced society such as ours. ards. That is why I introduced H.R. 3139, the We have high expectations for the passage that the surest way to make a difference is to Youth Worker Protection Act, a bill that will of the Youth Worker Protection Act. Our begin in his local community. Additionally, he modernize America’s child labor laws. I am highest expectation is that passage of the generously has donated much of his personal also honored to report that in 2003, just like bill will lead to fewer injuries, fewer deaths, time to improving economic development op- 1938, the National Consumers League was in- and remove the too often scenario of a portunities and education for all Virginians. strumental in the drafting of this legislation and youth’s first job being his last job. I will Delegate Smith loves the Valley and loves Vir- leave it to Congressman Tom Lantos to tell ginia. All of Virginia extends their heartfelt I am confident that with their support we will you how. be successful in securing its passage. We have high expectations that the pas- thanks for his continuing role in improving the I am delighted that Linda Golodner, Presi- sage of the bill will put youth employment lives of our children, families, and seniors. dent of the National Consumers League and a in its proper place—as a positive first experi- Mr. Speaker, the life and service of this Vir- tireless advocate to advance progressive ence in the world of work. But the first job ginian serves as a shining example to all who chance in our country was standing next to of any young person today is education— wish to improve education and opportunity me when I introduced the Youth Worker Pro- Education that will prepare that teenager to through civic and community involvement. I be a productive worker tomorrow. ask my colleagues to join me in applauding tection Act. Her eloquence on the need for re- No teenager expects that they will get hurt form to our nation’s child labor laws should be on the after-school or weekend job. And, as a Delegate Smith. shared with our Congressional colleagues, Mr. nation, we are not assuring young people f Speaker, and I therefore request that her that the law protects them from harm in the PAYING TRIBUTE TO KAROL statement be placed in the Congressional workplace. The passage of the Youth Worker SACCA Record. Protection Act would be a step in the right direction. But for now, it is the National STATEMENT OF LINDA GOLODNER Consumers League commitment to teen Thank you for coming today. I’m Linda HON. SCOTT McINNIS workers and their parents to arm them with of colorado Golodner, president of the National Con- information they need to think twice when sumers League and co-chair of the Child choosing that job. Check out IN THE HOUSE OF REPRESENTATIVES Labor Coalition. I am joined today by Con- www.nclnet.org/childlabor for new materials Monday, December 8, 2003 gressman Tom Lantos and Maggie Carey about laws that do exist and how to avoid from Beverly, Massachusetts. dangerous work, including NCL’s five worst Mr. MCINNIS. Mr. Speaker, it is my honor to More than one-hundred years ago, Florence teen jobs. rise and pay tribute to an outstanding educator Kelley, first executive secretary of the Na- This fall, nine American families won’t from my district. Karol Sacca from tional Consumers League, led a national ef- enjoy the back-to-school festivities as usual. Carbondale, Colorado has dedicated her life to fort to press Congress for tough laws to pro- Nine families are mourning the deaths of the betterment of young people and I am tect working children. Her goal was achieved their children over this last summer. The in 1938 with the passage of the Fair Labor proud to call her contributions to the attention cause of death? Workplace injuries. Every 30 of this body of Congress and our nation. Standards Act, which includes child labor seconds, a young worker under the age of 18 provisions. The Act addresses child labor and is injured on the job. On average, every five Karol has been a teacher for a quarter of a the workplace realities of the early 20th cen- days, one of the injuries is fatal. century. She has spent the last eighteen years tury—not the early 21st century. The early Such losses are indefensible. Especially at Roaring Fork High School, where she is reformers would I am sure find it inconceiv- deaths from workplace injuries, which could currently the school’s librarian. In this position, able that these hard fought child labor laws have been prevented with stronger laws pro- Karol’s endless enthusiasm and tireless dedi- have not been revisited since that time. Up- tecting young workers and stronger govern- cation to her students has resulted in many dates to the Fair Labor Standards Act are ment commitment to enforcement and pros- accomplishments. long overdue. Our nation’s most vulnerable ecution under the law. workers—many of whom are too young to Karol created a student media center at f have a driver’s license—deserve 21st-century Roaring Fork High School and also spear- protection from unsafe and inappropriate HONORING THE HONORABLE headed the creation of many innovative read- working conditions. ALSON H. SMITH, JR. ing programs as well. Karol’s voluntary read- The National Consumers League and our ing programs have attracted the participation more than 40 member organizations in the HON. TOM DAVIS of over half of the school’s students. This level Child Labor Coalition have been working of student participation is a testament to since for almost 15 years to protect the OF VIRGINIA Karol’s ability to connect with her students. health, education, and safety of working mi- IN THE HOUSE OF REPRESENTATIVES Karol’s ability and conviction have earned her nors. We have advocated for stronger child Monday, December 8, 2003 labor enforcement and for higher penalties the respect of educators statewide. She is cur- for those who violate the law—especially Mr. TOM DAVIS of Virginia. Mr. Speaker, rently one of four finalists for Colorado’s those that result in a young worker’s serious Mr. WOLF and I rise today to honor former Teacher of the Year Award.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.011 E09PT1 E2500 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Mr. Speaker, it is my honor to pay tribute to event in my district: the groundbreaking for the Some of the club’s charitable contributions the contributions of Karol Sacca. Karol has Young Mashadi Jewish Center in Great Neck include the South Pasadena Educational achieved a delicate balance between leader- on December 14, 2003. I want to offer my Foundation, Farm City Youth, Special Olym- ship and friendship with her students. Karol’s best wishes and congratulations to all the men pics, the Summer Reading Program, ‘‘Terrific dedication has lead to many young people be- and women who have contributed their time, Kids,’’ the Young Men’s Christian Association, coming excited about learning. Thank you energy and support to bring this tremendous ‘‘Concerts in the Park,’’ and Little League. The Karol for your contributions. project into being. South Pasadena Kiwanis Club is the main f America and New York in particular have sponsor for South Pasadena High School’s been blessed by a growing number of Jews of Key Club and ‘‘Grad Night’’ Breakfast, in addi- COMMENDING SAINT AGNES Iranian descent, who have made an enormous tion to providing student scholarships at the HOSPICE FOR 25TH ANNIVERSARY contribution to the health and vitality of our high school, middle school and elementary Jewish community. Owing to their bitter expe- schools. In addition, some of the club’s annual HON. GEORGE RADANOVICH rience as a persecuted religious minority in events include a Fourth of July Pancake OF CALIFORNIA Iran, they—more than most—have come to Breakfast, a Spaghetti Dinner in conjunction IN THE HOUSE OF REPRESENTATIVES understand the meaning of the prophet Jere- with the South Pasadena Fire Department, Monday, December 8, 2003 miah, ‘‘If you will remain in this land, then I will and participation in the construction of the city build you up and not pull you down; I will plant of South Pasadena’s Rose Parade Float. Mr. RADANOVICH. Mr. Speaker, I rise you, and not pluck you up. . . .’’ The expan- today to commend Saint Agnes Hospice in The time, energy and care that the South sion of this community’s physical presence Pasadena Kiwanis Club has given to the com- celebrating 25 years of compassionate care. through the construction of this center is a An open house was held to commemorate this munity are extraordinary, and the residents of sign of continuing growth and maturity, and South Pasadena have benefited greatly. At milestone on Monday, November 24th in Fres- one which I happily encourage. no, California. this time, I ask all Members to join with me in Mr. Speaker, as always, breaking ground on commending the South Pasadena Kiwanis In its 25th year, Saint Agnes Hospice con- a new religious center is a joyous event. Such tinues to focus on pain and symptom manage- Club for 80 years of dedicated service to the structures are gifts to the future and expres- South Pasadena community. ment in patient care, and strives to raise sions of our most admirable goals for our pos- f awareness among the public and physicians terity. The Young Mashadi Jewish Center in about the value of Hospice care. Since its es- Great Neck will include classrooms and a HONORING CHANA LYMON tablishment in 1978, the organization’s main playground for children, a youth center for purpose has been to reflect the mission of the young adults, a recreational lounge to accom- Saint Agnes Medical Center by extending HON. LINCOLN DAVIS modate social, cultural, and educational pro- OF TENNESSEE Christ’s love to the terminally ill and their fami- grams for the community seniors, and other IN THE HOUSE OF REPRESENTATIVES lies; recognizing that each person is unique spaces available to host all those events and deserving of compassion while stewarding which connect individuals and families to their Monday, December 8, 2003 the human and financial resources. Their goal community. Mr. DAVIS of Tennessee. Mr. Speaker, is to meet and serve the needs of individuals, This center will be built with love, dedica- teaching is one of the noblest professions I promoting dignity, comfort, and peace to en- tion, determination and an abiding faith in the can think of. I rise today to honor one of those able them to live until they die. Founded by future of the Jewish people. In short, it will be teachers. Her name is Chana Lymon. Chana Sister Raphael McGrath, CSC, BSN, MSNE, a center that reflects the values of the people is the Director for Sylvan Career Starters in Saint Agnes Hospice has made it possible for who built it. Columbia, Tennessee. She recently received terminally ill patients to live out their final days Mr. Speaker, in the Jewish faith, when a the Educator Excellence Award from Sylvan with dignity in the comfort and privacy of their book of study is completed, the accomplish- Education Solutions. This award is presented own home. Hospice focuses on living and ment is celebrated by offering encouragement to individuals who meet and exceed all of the maintaining the patient and family’s quality of to immediately return to the work ahead. The standards of Excellence and Program Man- life. groundbreaking of the Young Mashadi Jewish agement. Award winners have developed well Saint Agnes Hospice has grown dramati- Center in Great Neck is a great step forward, trained motivated teams and ensure that all cally over the years and continues to offer pa- a real achievement. But it is a step which only service activities meet Sylvan standards. tients and families a variety of levels of care. promises greater things. In the days ahead, I The Career Center serves youth ages 18– During fiscal year 2003, it served 346 patients, know the whole House will join me in saying 21 who have dropped out of school or have an increase from 265 patients in 2002. The ‘‘Chazak! Chazak! v’Nitchazayk!’’ (Be strong! not been able to complete traditional high Hospice Team is staffed around the clock by Be strong! And may we be strengthened!) school due to a barrier such as teen-par- an outstanding group of individuals; physi- f enting, truancy, delinquency, debilitating ill- cians, nurses, chaplains, social workers, and ness, or an academic deficiency. The centers volunteers. The four levels of care available IN RECOGNITION OF THE SOUTH help students prepare for the GED and State are Routine Home Care, Continuous Home PASADENA KIWANIS CLUB’S 80TH TCAP or Gateway tests. They also offer em- Care, Inpatient Respite Care, and General In- ANNIVERSARY ployability and work assistance as well as patient Care. FOOTSTEPS, an expressive arts computer literacy training. support group is available for children who HON. ADAM B. SCHIFF It has become evident through their work have experienced difficult life losses and their OF CALIFORNIA that Ms. Lymon and her staff strongly believe caregivers. Finally, Bereavement care is IN THE HOUSE OF REPRESENTATIVES in promoting the importance of self-worth. planned and available to support families for a Monday, December 8, 2003 Self-esteem is the most important factor that year following the loss of a loved one. Mr. Speaker, it is my pleasure to congratu- Mr. SCHIFF. Mr. Speaker, I rise today to will go hand in hand with success. I congratulate Saint Agnes Hospice on its 25th anniver- honor the South Pasadena Kiwanis Club upon late Ms. Lymon and her staff for promoting sary. I urge my colleagues to join me in wish- its 80th anniversary. education as the key to a better future. Kiwanis is a worldwide service organization ing them many years of compassionate care f of women and men who share the challenge for the citizens of the Central Valley. of community and world improvement. Since TRIBUTE TO THE 2003 PEOPLE AND f its founding in 1915, Kiwanis has grown to in- PERFORMANCE AWARD WINNERS THE YOUNG MASHADI JEWISH clude approximately 9,000 clubs in more than CENTER 80 nations. HON. JERRY WELLER The South Pasadena Kiwanis Club, founded OF ILLINOIS HON. GARY L. ACKERMAN in 1923, consists of business and professional IN THE HOUSE OF REPRESENTATIVES people who work or live in the South Pasa- OF NEW YORK dena area that have an interest in volunteer Monday, December 8, 2003 IN THE HOUSE OF REPRESENTATIVES service. A family-oriented organization, South Mr. WELLER. Mr. Speaker, I rise today to Monday, December 8, 2003 Pasadena Kiwanis members are committed to honor Monical’s Pizza Corporation (Monical’s) Mr. ACKERMAN. Mr. Speaker, I rise to call serving the youth, families and senior citizens for receiving the People and Performance to the attention of the House an important of South Pasadena. Award (PAPA) during the Multi-Unit

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.002 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2501 Foodservice Operators 2003 National Con- versity of Chicago, boasted a lineup that fea- shore of Boston. I have worked as an Obstet- ference. tured players from across the country; rical Register Nurse, with my focus being Nation’s Restaurant News and Coca-Cola Oneonta’s roster was almost completely com- Labor and Delivery, for over 30 years. My husband Richard works in maintenance and North America established the national PAPA prised of New Yorkers. What pride they bring grounds keeping for a local hotel chain. We awards to honor multi-unit chains for excel- not only Oneonta, but to the entire State of have been married for 30 years and were the lence in employee recognition, retention and New York. proud parents of 3 beautiful children. Our recruitment. Monical’s President Harry Bond The 2003 Oneonta Women’s Soccer team: oldest daughter Robin is 28 years old and has received the PAPA award for retention. Amanda LaPolla of New Hartford, NY; Jami met the challenge of Downs Syndrome, Leu- For the past 14 months, Monical’s achieved Leibering of Kendall Park, NJ; Laura Morcone kemia and open-heart surgery. Our son Jona- 0 percent turnover for restaurant general man- of Mechanicville, NY; Holly Bisbee of Burnt than who will be 27 in November has had agers, team leaders, regional trainers, and open-heart surgery as a child as well, now Hills, NY; Patricia DiMichele of Centereach, works successfully in the computer software support center coordinators. Very few compa- NY; Alissa Karcz of S. Huntington, NY; Kelly field in California. Our youngest son Adam nies can boast of the same accomplishment. Stevens of Rochester, NY; Cassie Perino of would have been 19 this past March. Monical’s attributes their low turnover rate to Patchogue, NY; Sanada Mujanovic of Through the years as parents, one of our several company incentives such as: evalua- Centereach, NY; Patricia Jeager of Baldwin, roles was to teach our children the impor- tion of restaurant management at least once a NY; Liz Fermia of Rochester, NY; Leslie Small tance of responsibility for themselves and as year; all restaurant management and support of Clifton Park, NY; Rose Velan of Stamford, part of a community. We hoped to show them through example, what that means and staff team members receive the same health NY; Brooke Davis of Grand Gorge, NY; Sarah how to achieve it. In that way they would be- insurance and profit sharing benefits as the Tauber of Valley Stream, NY; Cristina Gaspar come successful, productive, and ethical president of the company; the company’s pol- of New Rochelle, NY; Alex Desousa of young adults. icy of a flexible scheduling strategy; and a 50 Blauvelt, NY; Candance Grosser of Levittown, We began at an early age encouraging percent discount on Monical’s meals for em- NY; Meghan Putnam of Syracuse, NY; Col- them to have their own paper routes. Even ployees. leen Wolbert of Rotterdam, NY; Corinne Tisei our daughter Robin was able to have one Monical’s also values their employees who of New Hyde Park, NY; and Brittany Gates of with our assistance. As they got older, we encouraged them to have part time jobs after also have families. The majority of manage- Syracuse, NY. school, on weekends and during summer va- ment personnel work between 42–45 hours f cations. Our daughter as a volunteer would per week and are eligible for two weekend come to work with me on weekends and col- days off per calendar month so their man- DEDICATING H.R. 3139, THE YOUTH late blank charts to be used when new pa- agers are able to enjoy an active and produc- WORKER PROTECTION ACT TO tients arrived. My son Jonathan worked as a tive family life as well as a life at work. THE MEMORY OF ADAM CAREY bagger and cashier at a local grocery store. Monical’s also encourages their employees to We continued to teach them the value of a bring their children to work for the day. This dollar, how to earn it, save it, and manage it HON. TOM LANTOS appropriately. Little did we know that by allows the children to see where their parents OF CALIFORNIA trying to teach these important values it work and have a day of fun working in a res- IN THE HOUSE OF REPRESENTATIVES would cost us dearly. taurant or office. Monday, December 8, 2003 In August of 2000, our then 16-year-old son Mr. Speaker, I urge this body to identify and Adam began working at a local country club recognize other companies in their own dis- Mr. LANTOS. Mr. Speaker, according to the as a bag room attendant. On September 16, tricts whose actions have so greatly benefitted National Institute for Occupational Safety and 2000, only 31⁄2 weeks later, his life would and strengthened America’s families and com- Health (NIOSH) an average of 230,000 teen- come to an end while working at a job that munities. agers are injured on the job each year and seemed so perfect for him. Adam loved golf, even more shocking is the fact that an aver- people and being outdoors. He was driving a f golf cart as part of the job. He was using the age of 67 teen workers die each year from in- STATE UNIVERSITY OF NEW cart to retrieve golf balls, wash them, and juries sustained while on the job. That means return them to the golf barn. He had been in YORK, ONEONTA COLLEGE NCAA a teen worker dies from work related injuries the pro shop just prior to the accident and WOMEN’S SOCCER CHAMPS in this country every 5 days. we were told that when he got back on the These are horrific statistics, and I believe cart he hit a deck that was only about 10 feet HON. SHERWOOD BOEHLERT that Congress must enact legislation to pre- away. On impact Adam’s heart was ruptured. Supposedly no one witnessed the accident OF NEW YORK vent these unnecessary deaths. The grave nature of these unfortunate accidents is made even though it was the busiest day of the IN THE HOUSE OF REPRESENTATIVES season at the club and it was right near the clearer when given a human face. While I was Monday, December 8, 2003 practice green, so exactly what happened is preparing this legislation, I discovered the unknown. Mr. BOEHLERT. Mr. Speaker, I would like story of Adam Carey, a 16 year-old boy who What we do know is the devastating effect to take this opportunity to congratulate the died while working on a golf course in Massa- that the loss of our son has had on our entire State University of New York College at chusetts. Adam’s death was the result of an family. What we also know is that child Oneonta women’s soccer team for their come- accident while he was driving a golf cart belabor laws had been violated and continues from-behind, emotional victory to win their first tween the clubhouse and the driving range. to be violated every day in our country. Ap- proximately 20 or so violations were found ever NCAA National Championship on No- Under Massachusetts state law, youths vember 11, 2003. that day alone. Most importantly the one af- Adam’s age were prohibited from driving golf fecting Adam under Massachusetts General The tying goal scored in the final seconds of carts. Laws, which prohibits anyone under the age regulation will forever remain a great moment I was honored to stand by Adam’s mother, of 18 from operating any type of motor vehi- in Red Dragon history. It will also remain a Maggie Carey when I introduced H.R. 3139, cle of any description while employed. vivid moment of victory of each one of the the Youth Worker Protection Act, to modernize Many people and agencies investigated the team’s members—for without their collective our nation’s child labor laws. Among other accident, but the only action taken against the employer was a $1000 fine by OSHA for talent and dedication, it would not have been things, the Youth Worker Protection Act would possible. having failed to report the accident within 8 increase the penalties for employers who vio- hours. The Attorney Generals Office opted Head Coach Tracey Ranieri deserves spe- late laws designed to protect children. not to pursue any action, because the only cial praise for leading this fine group of stu- I am proud to dedicate this legislation to her avenue they have is through the criminal dent athletes to the highest possible achieve- son’s memory and I ask that her poignant courts. They rarely prosecute unless the ment in women’s Division III soccer. Through story be included in the CONGRESSIONAL company is guilty of grossly repetitive be- Coach Ranieri’s leadership these young ladies RECORD so that my colleagues can humanize havior. Supposedly this was the employer’s have proven that hard work and dedication on statistics of young workers who die from inju- first offense, but in reality it was the only time they were caught. Even though the law the practice field and in the classroom can ries suffered on the job once every 5 days. produce champions on the playing field and in is clear, it has become acceptable practice STATEMENT OF MAGGIE CAREY for teens to operate these carts for many academics. Good Morning. I’d like to begin by telling years now due to non-enforcement. Since I take great pride in representing the State you a little bit about myself, my family, and when can a death not be considered serious University of New York College at Oneonta. what has brought me here today. Again, my enough to pursue charges? So, is it the sec- What I find truly special is while the opponent name is Maggie Carey. I am from Beverly, ond, third or one-hundredth death they may in the National Championship Game, The Uni- Massachusetts, a small city on the north pay attention to.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.131 E09PT1 E2502 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 From what I have learned, even if they had their communities. Every day, these men and Commonwealth’s history. Nationwide, there pursued the case and had found them guilty, women display their courage, commitment and have been 114 law enforcement officers killed the punishment is so minimal that it is not service to their fellow man. The National Law this year, a grim reminder of the vital and dan- financially sensible to spend the money and resources to enforce these laws. Enforcement Officers Memorial recently held a gerous role these officers play in our national Most of the child labor laws have not been wreath laying ceremony here in Washington, well-being. We are all eternally grateful for the updated since the 1930’s. As we all know the DC to honor these eight brave officers who service and sacrifice of these true American world we live in is very different 70+ years gave their lives to protect us, the citizens of heroes. later. What few changes that have been made Virginia, and I would like to take a moment to have been to weaken the laws. We as a soci- recognize, remember and honor these individ- f ety have had much to say about child labor uals. TRIBUTE TO THE ALAMOSA in other countries, yet we do nothing about On January 12, Henrico County Police Offi- COUNTY CHAMBER OF COMMERCE our own. SHAME ON US!!! We spend a lot of cer Andre Booker was attempting to use his time looking at issues, making laws, but that is wasted time and energy if we aren’t patrol vehicle to stop a person suspected of HON. SCOTT McINNIS firing gunshots in a shopping center when his out there enforcing them. It is vital for our OF COLORADO children’s future to have adequate ways and car crashed through a fence and landed in an means to penalize the offenders. icy pond. Six other officers at the scene were IN THE HOUSE OF REPRESENTATIVES And then there are workman’s compensa- unsuccessful in freeing Officer Booker from his Monday, December 8, 2003 tion laws, which you would think would en- vehicle. He was 26 years old. courage employers to put child safety first. Mr. MCINNIS. Mr. Speaker, it is my honor to On January 16, 39-year-old Norfolk Police rise and pay tribute to the Alamosa County, Again this is not true. For teens, the em- Officer Sheila Herring was killed after respond- ployers financial liability is minimal be- Colorado, Chamber of Commerce. The Cham- cause the majority of them do not have de- ing to reports of gunfire inside a bar. The sus- ber recently celebrated eighty years of service pendents and their jobs are temporary and pects opened fire on the responding officers, to Alamosa, and it is my honor to call the at- part time. This again is not an incentive for fatally wounding Officer Herring. She worked tention of my colleagues and this nation to all employers to obey the laws. I am not saying with Norfolk Police Department for 11 months that the Chamber does for the citizens of all employers are not concerned about teens and had recently moved from Detroit, Michi- Alamosa. safety. Some are very responsible. Others gan, where she spent 10 years as a law en- aren’t even aware of most of these laws, al- The Alamosa County Chamber of Com- forcement officer. merce was incorporated in 1923. The original though it is their responsibility. On January 29, Virginia State Trooper Mi- Our family has endured many trials and building was lost to fire in 1907. Recognizing chael Todd Blanton was killed by a drunk driv- tribulations through the years. We have al- the importance of the Chamber, the city rallied ways been able to pick up the pieces and con- er he had pulled over on Interstate 64. As together and built a new building the following tinue on with the help of loving, supportive Trooper Blanton attempted to reach into the year. family and friends. The death of our beloved car, the driver sped off, dragging Trooper The Chamber has a strong tradition of ex- son Adam has been almost too much to bear. Blanton until the car crashed, pinning him cellent leadership and a dedicated staff. Since How do we fill the huge gap in our hearts under the vehicle. Trooper Blanton is survived that used to be Adam? He was so full of life its inception, the Chamber has focused on the by his wife and 6-year-old son. organization and health of the County’s econ- and had so much love to give. His friends de- On May 9, 20-year law enforcement veteran omy. Able and dedicated staff members al- scribe him as always happy with a smile on Scott Allen Hylton of the Christiansburg Police his face. He would do anything to make peo- ways greet each citizen with a smile. Department was shot and killed after respond- ple laugh. We miss that smile! We miss his In addition to traditional activities, the ing to a report of a hold up at a convenience energy! We miss his whole being! Alamosa Chamber of Commerce has always store. Officer Hylton was shot and killed as he What do we tell his special needs sister gone beyond the call of duty to be involved in Robin when she asks almost every day, why exited his cruiser at the scene. Also a member the community. The citizens of Alamosa have can’t we bring him back? There are really no of the Army National Guard, Officer Hylton traditionally used the Chamber as a meeting words that can express fully to anyone what was the father of four. place for community events. There are often losing a child does to your soul. I hope that On May 28, Officer Ryan Cappellety of the cribbage tournaments, banquets and charity none of you will ever know how this feels. Chesterfield County Police Department, a re- We go on each day. We go to work. We main- events throughout the year. In addition, the cent graduate from the police academy, was tain our home, because we must, for the rest Chamber funds scholarships for young people, shot and killed when he and other officers re- of our family. But nothing will ever be the has worked to improve the County’s emer- sponded to reports of gunshots. Upon arrival, same. gency response system, and is also involved What I am here today to say is that this a suspect standing on his front lawn with a in various projects such as the promotion of should never have happened and that there gun opened fire on the officers, fatally wound- recycling. are many ways that we can address these ing Officer Cappellety. He was 23 years old. issues. The availability and easy access to On June 23, Officer Rodney Pocceschi of Mr. Speaker, it is my privilege to rise and educational materials for parents, young the Virginia Beach Police Department was pay tribute to the Alamosa County Chamber of workers and especially employers must be shot and killed during a traffic stop on Dam Commerce. The Chamber works tirelessly for improved. the betterment of Alamosa County and I am The proposed legislation that Congressman Neck Road in Virginia Beach. Officer Pocceschi served the Virginia Beach Police honored to pay tribute to its contributions. I am Lantos is submitting today will address pleased to join the people of Alamosa County some of these issues. One of these being civil Department for 4 years and is survived by his penalties in an amount that would have a wife and young son. in thanking the Chamber of Commerce for its significant impact on employers. If there is On July 30, Richmond Police Officer Doug- hard work and many contributions. anything that we can do in memory of our las E. Wendel was shot and killed by a sus- f son it would be to somehow prevent this pected drug dealer. Officer Wendel had been from happening to another child, another HONORING LARRY CARTER family. with the Richmond Police Department for 5 Thank you and God bless and guide you in years. He was a 41-year-old father of three. all the decisions you make. On August 26, Sergeant Rodney Davis of HON. GEORGE RADANOVICH f the Greene County Sheriff’s Department was OF CALIFORNIA shot and killed while serving an arrest warrant IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO VIRGINIA LAW on a narcotics suspect near Standardsville, ENFORCEMENT OFFICERS VA. As Sergeant Davis and other officers Monday, December 8, 2003 searched the house, the suspect opened fire Mr. RADANOVICH. Mr. Speaker, I rise HON. TOM DAVIS and fatally wounded Sergeant Davis. Davis today to commend Larry Carter for his induc- OF VIRGINIA worked with the Greene County Sheriff’s Of- tion into the 2003 Stanislaus County Ag Cen- 1 IN THE HOUSE OF REPRESENTATIVES fice for 2 ⁄2 years but had been in law enforce- ter Foundation Ag Hall of Fame. On Decem- ment since he was 19 years old. The 30-year- ber 4th, he will be honored at the 2003 Ag Monday, December 8, 2003 old left behind an expectant wife and two Hall of Fame Dinner at the Stanislaus County Mr. TOM DAVIS of Virginia. Mr. Speaker, I young children. Ag Center in California. rise today to honor the Virginia law enforce- Mr. Speaker, the eight officers killed in the The Stanislaus Ag Center Foundation hon- ment officers, and those throughout the nation, line of duty this year matches the highest total ors individuals who work to make agriculture who have lost their lives this year in service to of law enforcement officer fatalities in the Stanislaus County’s number-one industry. Mr.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.012 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2503 Carter’s contributions to agriculture and his Rabbi Green also served as the Jewish ON THE PASSING OF WAYNE T. community have helped agriculture in the chaplain for students at Westfield State Col- PALMER county achieve this status. After receiving his lege in Westfield and Bay Path College in Bachelor of Science in Animal Husbandry from Longmeadow. He was also an active member HON. LINCOLN DAVIS California Polytechnic University in 1952, Larry of the Longmeadow Clergy Association as well OF TENNESSEE served in the United States Navy for 4 years. as the Interfaith Council of Western Massa- IN THE HOUSE OF REPRESENTATIVES Between 1963 and 1972, he ran his own lay- chusetts. Monday, December 8, 2003 ing hen ranch. For the following 15 years, he Mr. Speaker, I ask all my colleagues in the served as Executive Manager of the House of Representatives to join me now in Mr. DAVIS of Tennessee. Mr. Speaker, I Stanislaus County Farm Bureau while farming congratulating Rabbi Gary Greene and the rise today to pay tribute to one of the 4th Con- 25 acres of almonds. Since 1987, Mr. Carter Marathon Jewish Center for their service to gressional District’s finest citizens. On Satur- has worked for Stanislaus Farm Supply. the community. I am confident that the Mara- day, November 29, 2003, Wayne T. Palmer, of Larry’s dedication to the community and ag- thon Jewish Center will continue to enrich the Sparta, Tennessee, passed away at his home. Wayne Palmer was not a master of busi- riculture organizations has been evident lives of its congregants for many years to ness or of politics. Mr. Palmer was a man of through his work as a volunteer. He has come. meager means but overwhelmingly generous worked with the Denair Lions Club, Hughson f spirit. He was a man who cut a giant figure in 4ÐH, Modesto Chamber of Commerce, his community through the devotion of his time Stanislaus County Jail Site Committee, TRIBUTE TO MS. MARGARET ANN ABDALLA and energy to the causes he loved. Stanislaus Ag Foundation, and many others. Wayne Palmer served as a volunteer leader Mr. Speaker, I rise today to congratulate in the Boy Scouts of America for more than 35 Larry Carter for his induction into the 2003 HON. ADAM B. SCHIFF years. During that long tenure, he served var- Stanislaus County Ag Center Foundation Ag OF CALIFORNIA iously as Assistant Scoutmaster and Scout- Hall of Fame. I invite my colleagues to join me IN THE HOUSE OF REPRESENTATIVES master of Troop 175 in Sparta, as the camp- in thanking Larry for his dedication and hard Monday, December 8, 2003 ing chairman of both the Upper Cumberland work. Mr. SCHIFF. Mr. Speaker, I rise today to and Black Fox Districts, and as a leader of the f honor an outstanding citizen of California’s camping committee of the Middle Tennessee IN RECOGNITION OF THE MARA- 29th Congressional District, Margaret Ann Council. Significantly, these are just a few of THON JEWISH COMMUNITY CEN- Abdalla. Ms. Abdalla has served on the South the roles he fulfilled during his many years of TER AND ITS RABBI GARY Pasadena Unified School District Board of service to Scouting. Mr. Palmer was honored for his guidance to GREENE Education for 16 years and has been a posi- young men and leadership in scouting repeat- tive force in the greater South Pasadena area edly. He was awarded the Long Rifle Award for much longer. HON. GARY L. ACKERMAN for his leadership in both the districts he A Southern California native and University OF NEW YORK served. Mr. Palmer was honored with the Sil- of Southern California graduate, Margaret Ann IN THE HOUSE OF REPRESENTATIVES ver Beaver Award—the highest honor ac- moved to South Pasadena in 1969. She Monday, December 8, 2003 corded adult leaders by the Middle Tennessee began her community service by volunteering Council—for his service to the council. In addi- Mr. ACKERMAN. Mr. Speaker, I rise today with the South Pasadena Parent Teacher As- tion, he was a Vigil Honor member of the to pay tribute to the Marathon Jewish Commu- sociation, Little League, and South Pasadena Order of the Arrow—Scouting’s Honor Soci- nity Center in Douglaston, New York and its Educational Foundation. Ms. Abdalla also ety—and was repeatedly honored for his serv- new Rabbi Gary Greene who officially took the raised three children, Lisa, Tony and Alex, all ice to the Wa-HiNasa Lodge, including receipt reins on December 7, 2003. who attended South Pasadena’s public of the Founders’ Award and Josh Sain Memo- The Marathon Jewish Community Center is schools. rial Award. a conservative synagogue which has served In 1987, Margaret Ann was elected to the Mr. Speaker, if we’re lucky, we encounter the communities of Douglaston, Little Neck, South Pasadena Unified School District Board few people in life who have the kind of posi- Bayside and Great Neck for more than 50 of Education. Ms. Abdalla has worked with tive influence over the lives and maturation of years. The facility includes a religious school, several board members and four superintend- young men that Wayne Palmer had. He was a junior congregation and adult education pro- ents during her tenure, serving as Board a man utterly devoid of self-interest and fo- grams. President three times. Under her leadership, cused almost entirely on the education and Earlier this year, the synagogue recruited some of the Board’s accomplishments include improvement of the lives of those boys and Rabbi Gary Greene from Temple Shalom in the passage of two school bond measures in young men who had the tremendous good for- Framingham, Massachusetts. Prior to his serv- 1995 and 2002, the formation and bonding of tune to be guided by his wisdom—be they Boy ice there, Rabbi Greene served the members today’s administrative team, and the transition Scouts (his first and lifelong love), Little of Congregation B’Nai Jacob in Longmeadow, of the junior high to a middle school program League baseball players or otherwise. It is Massachusetts. While at Temple Sholom, 12 years ago. In 1996, Margaret Ann was the rare—very rare indeed—to find a person who Rabbi Greene helped to revitalize Adult Edu- recipient of the South Pasadena Parent acts altruistically, who places the interests of cation, and for his efforts was the recipient of Teacher Association’s Honorary Service others consistently ahead of his own, and who the Solomon Schechter Award for Adult Edu- Award for meritorious service. is truly selfless. Wayne Palmer was just such cation. Among other accomplishments, Rabbi As a member of the South Pasadena a person, and the lives of many Tennesseans Greene has expanded the social and cultural School Board, Margaret Ann participated in or- are far richer for having known him. programs of the Temple and introduced serv- ganizations such as the California School Wayne Palmer was a great teacher and a ices and rituals, including Selichot, Tashlich, Boards Association, the Downtown Revitaliza- great man. The lessons he taught were les- Healing Services and Meditation Services. tion Task Force and the Los Angeles sons for life. Of that, I have no doubt. Wayne Rabbi Greene has also dedicated himself to Annenberg Metropolitan Project. In addition, Palmer taught as much or more by example, teaching. Over the years, he has educated Ms. Abdalla was a founding member of the as he did through more common instruction. and enlightened thousands of children and Five-Star Coalition, a coalition of the Burbank, Mr. Palmer walked the talk. He never asked adults. He taught most grades at the former Glendale, La Canada Flintridge, Pasadena anyone to do anything he was not himself will- United Hebrew School and served on its and South Pasadena School Districts, estab- ing to do. He was, in the eyes of so many, the Board of Directors, Education Committee and lished for the purpose of collaborating with very embodiment of that pole star of prin- Rabbis’ Committee. He was instrumental in local legislators on issues of mutual interest to ciples, the Scout Oath and Law. Mr. Speaker, the creation of B’nai Jacob’s Hebrew School the school districts. Wayne Palmer was for many Tennesseans and the B’yachad Hebrew High School. Rabbi The time, energy and love Margaret Ann the Great Scoutmaster of legend and myth. Green has served on its Board of Directors, has given to the community are extraordinary, White County and the Fourth Congressional Education Committee and as the Co-Chair of and the residents of South Pasadena have District of Tennessee lost one of those rare the Education Committee in charge of Judaic benefited greatly. At this time, I ask all Mem- bright lights on November 29 when Wayne T. programming. Rabbi Greene also served as a bers to join with me in commending Margaret Palmer passed from this mortal coil. Accord- teacher and adviser to Camp Ramah in Palm- Ann Abdalla for her many years of dedicated ingly, I rise today to express my deepest sym- er, Massachusetts. service to the South Pasadena community. pathy to his wife, Jan, and his son, Garrett, on

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.135 E09PT1 E2504 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 their tremendous loss. We honor his memory imous consent of my colleagues to introduce ancient mosques, churches and synagogues here today so that they will know that we all the article into the CONGRESSIONAL RECORD. were restored and hundreds of new ones built across the country. In 2002, Rep. Robert share their loss. Wayne T. Palmer was a great [From www.religionandpolicy.org, Nov. 26, Wexler (D–FL) put a cornerstone into the 2003] Tennessean, a man devoted to his family and new synagogue currently under construction to the education of young people, and an ex- WE CALL FOR DIALOGUE, NOT HATE in Astana. Today, there are some 3,000 reli- emplary American citizen. (By Ambassador Kanat Saudabayev) gious congregations representing more than Mr. Speaker, it is my privilege as a Member Extremists often use religion to create 40 religious denominations serving the needs of the People’s House to honor his lifetime of hate and further their selfish agendas which of 100 different ethnic groups. Recently, service to others. have nothing to do with religion. But, all re- President Nazarbayev announced plans to build a single center in Astana which will f ligions are similar in that they denounce terrorism and teach tolerance, harmony and have houses of worship of many religions. PAYING TRIBUTE TO THE SWIFT brotherhood. This history of mutual respect and har- FAMILY That was the message delivered to the mony is the background which led President world by participants of the Congress of Nursultan Nazarbayev of Kazakhstan to con- Leaders of World and Traditional Religions, vene the recent Astana Congress. The eager HON. SCOTT McINNIS who gathered in Astana at the initiative of response of world’s religious leaders to the OF COLORADO Nursultan Nazarbayev, the president of a call for the Congress is a reflection of the re- IN THE HOUSE OF REPRESENTATIVES secular Muslim-majority Kazakhstan. At the spect they carry for the President and his policies. Monday, December 8, 2003 end of the Congress, senior clerics from Islam, Christianity, Buddhism, Judaism, This is also the reason why many leaders from the United States and other countries Mr. MCINNIS. Mr. Speaker, it is my honor to Hinduism, Taoism and other faiths adopted a have supported our endeavors to build rise and pay tribute to a remarkable family declaration stating, ‘‘extremism, terrorism and other forms of violence in the name of bridges between religions and civilizations. from my District. Dean and Pattie Swift of President George W. Bush, in his letter to religion have nothing to do with genuine un- Jaroso, Colorado have done a great deal for President Nazarbayev, said, ‘‘For the United derstanding of religion, but are a threat to States, itself a multi-ethnic and religiously the preservation of the environment. Recently, human life and hence should be rejected.’’ diverse nation, these meetings underscore the Colorado Association of Conservation Dis- ‘‘Inter-religious dialogue is one of the key the importance of working with our friends tricts named the Swifts as Conservation Farm- means for social development and the pro- in Central Asia to advance the values of tol- ers of the Year for the work they have done motion of the well-being of all peoples, fos- erance and respect that form the foundation tering tolerance, mutual understanding and as owners of the Swift Seed Company. I am of democracy.’’ honored to call the attention of this body of harmony among different cultures and reli- A bipartisan group of U.S. Senators and Congress to the contributions the Swifts have gions,’’ the religious leaders said after the Congressmen in a letter to President made to preserving the environment. closing joint prayer. Nazarbayev called the Astana forum The Swifts began farming in the San Luis Far from the ‘‘clash of civilizations’’ many ‘‘Kazakhstan’s worthy contribution to the see as part of the world’s future, this Con- Valley in 1975. Their company sells flower promotion of peace and harmony during gress was a strong response to all who spread these difficult times.’’ Senators Sam seeds worldwide. The seeds the Swifts sell intolerance, hate and terrorism. The Con- are used primarily for the reclamation of min- Brownback (R–KS) and Conrad Burns (R– gress also showed the world the noble goals MT), representatives George Radanovich (R– ing sites and the re-seeding of areas dev- of inter-religious peace are very real and CA), Joe Pitts (R–PA), Robert Wexler (D– astated by wildfire. very achievable. There’s convincing evidence FL), Eni Faleomavaega (D–American Dean Swift serves as the Chairman of the of this in Kazakhstan, where Muslims, Chris- Samoa), Edolphus Towns (D–NY) and others Rio Grande Corridor Advisory Committee. This tians, Jews, Buddhists and others live in also thanked Kazakhstan ‘‘for taking con- committee is comprised of farmers and ranch- peace with each other and where freedom of sistent and concrete steps to bridge the religion is the crucial value of our society. ers throughout Costilla County who are dedi- growing divide between Muslims and Jews at Pope John Paul 11 called Kazakhstan ‘‘an ex- a time when tension in the Middle East is at cated to the preservation of the Rio Grande on ample of harmony between men and women the Western border of Costilla County. In addi- a fulcrum, and intolerance and anti-Semi- of different origins and beliefs.’’ tism are rising worldwide.’’ tion, Dean works in conjunction with Ducks Indeed, at the whim of often cruel fate in The recent report to Congress by the Advi- Unlimited to promote wetland habitat on the the past, Kazakhstan, however paradoxically sory Group on Public Diplomacy for the Swift Farm. that may sound, has truly become a center Arab and Muslim worlds, led by Edward Mr. Speaker, it is my honor to rise and pay of unique diversity and tolerance. Djerejian, points out the need for dialogue tribute to Dean and Pattie Swift. The Swifts During much of the 20th century, between the Muslim and Western worlds is Kazakhstan was under the totalitarian domi- more important today than ever before. have done a great deal for the environment, nation of Soviet communism. The Soviets not only on their family farm but also through- Such a conclusion is obvious. Similarly ob- conducted cruel experiments with our land vious are difficulties in putting it into prac- out our state. They have managed these feats and our people. The forced settlement of the tice. while happily serving as wonderful parents to traditionally nomadic Kazakh people was But the example of Kazakhstan, working their two beautiful children. Congratulations followed by a widespread famine in the 1930s. well with the United States, the West, and Dean and Pattie on a well-deserved award. Coupled with almost 500 nuclear tests during the Muslim world and speaking for dialogue 40 years, this led to deprivation, death and f of religions and civilizations, gives us ground emigration of millions of ethnic Kazakhs. In for optimism that tolerance and mutual un- RECOGNIZING KAZAKHSTAN’S the 1940s, Stalin dumped hundreds of thou- derstanding, not hate and violence, will pre- ACCOMPLISHMENTS sands of Germans, Chechens, Koreans and vail. others in Kazakhstan as his regime deemed f them untrustworthy in the face of the invad- HON. GEORGE RADANOVICH ing Nazis in the West and the Japanese in A BILL TO EXPAND THE WORK OF CALIFORNIA the East. Thousands of ethnic Russians and OPPORTUNITY TAX CREDIT IN THE HOUSE OF REPRESENTATIVES others were sent to Soviet concentration camps, part of the Gulag, in Kazakhstan. Monday, December 8, 2003 Many Soviet Jews were exiled to Kazakhstan HON. AMO HOUGHTON OF NEW YORK Mr. RADANOVICH. Mr. Speaker, I would for their religious beliefs. In the 1950s, more than a million ethnic Russians, Ukrainians, IN THE HOUSE OF REPRESENTATIVES like to draw the attention of my colleagues to Byelorussians came to Kazakhstan to farm Monday, December 8, 2003 the efforts of Kazakhstan, a predominantly under the Virgin Lands program. Muslim secular nation that spares no effort to In those difficult years, the native Kazakhs Mr. HOUGHTON. Mr. Speaker, today I am promote better understanding and dialogue gave all these people shelter and shared introducing a bill to add Trade Adjustment As- between the Western world and the Islamic bread. Official Communist ideology, how- sistance Recipients as a targeted group for world. Some people may wonder why ever, did not encourage people in their nat- the Work Opportunity Tax Credit, thereby per- Kazakhstan would engage in such efforts and ural yearning for a religious life. Religious mitting employers to receive a tax credit when why it is succeeding in their efforts. I suggest life was instead suppressed; ancient mosques, hiring these individuals. Most importantly, this churches, and synagogues were used as they read a recent article by the Ambassador shops, storage areas or even discos, rather bill would help address the loss of our manu- of Kazakhstan, Kanat Saudabayev, published than houses of worship. facturing and other jobs to foreign competitors. by the Institute on Religion and Public Policy Religious reawakening and freedom of con- The bill I’m introducing is a companion to a bill so they may learn of Kazakhstan’s experience science returned to Kazakhstan only after offered in the Senate by my good friend, Sen- in achieving these goals. I therefore ask unan- our independence. During the short 12 years, ator OLYMPIA SNOWE of Maine.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.139 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2505 The Work Opportunity Tax Credit (WOTC) her second century with hard work and staying tives, Congressman Dan Flood’s record of ac- program provides a credit of up to $2,400 busy. complishments and the legacy he left are still based on wages paid in the first year to a new Mr. Speaker, Ann Cameron is a gracious in- alive and well. Congressman Flood and I employee for employers that hire workers from dividual who enriches the lives of many mem- worked on several legislative initiatives to- one of the targeted groups (welfare recipients, bers of her Glenwood Springs community. Ann gether. Spearheading the effort to shape the ex-felons, high-risk youths, qualified food has demonstrated a love for humanity that recovery package for Northeastern Pennsyl- stamp recipients, etc.). The WOTC program resonates in her life-long work ethic and com- vania following the floods left in the aftermath has been a major factor in moving the unem- passionate personality that has led her to the of Hurricane Agnes stands out as an example ployed from the welfare rolls into the work- exceptional milestone she celebrates this year. of Congressman Flood’s responsiveness to force, serving as a vital component of the wel- Ann’s enthusiasm and dedication certainly de- the district he loved. fare reform legislation. serve the recognition of this body of Congress. Mr. Speaker, I insert in my remarks at this The proposal in the bill is a very targeted Congratulations on your 101st birthday Ann. point the complete text of a story printed in the approach. A Trade Adjustment Assistance May you have many more to come! Wilkes-Barre Citizens Voice on the legacy of (TAA) recipient is an individual who is unem- f Dan Flood. ployed and has been certified to receive bene- LEGENDARY LEGACY fits under the TAA program. TAA benefits in- ARMENIAN TECHNOLOGY GROUP AND CENTRAL DIAGNOSTIC LAB- It has been 23 years since he left Wash- clude extended unemployment compensation ington and nine years since his death in 1994. and worker training. ORATORY IN ARMENIA Congressman Daniel J. Flood became a leg- The latter program provides benefits to indi- end in his own time while in office, and re- viduals who have been laid off by an employer HON. GEORGE RADANOVICH mained a much-respected popular figure for 14 years after. who has been disadvantaged by foreign im- OF CALIFORNIA ports or has shifted production, and jobs, to a The fact that old friends, public officials, IN THE HOUSE OF REPRESENTATIVES and news media will gather at King’s College country that has a free trade agreement with Monday, December 8, 2003 on Tuesday to observe his 100th birthday is the United States or is a beneficiary country yet another indication of just how much his under certain other trade agreements. Thus, Mr. RADANOVICH. Mr. Speaker, I wish to long life of service to the country and his re- the proposal deals directly with the loss of take this opportunity to clarify a key provision gion meant. jobs to countries abroad. in Fiscal Year 2004 Foreign Operations Appro- Much of the Flood years by way of public The TAA targeted group would be some- priations which was included in the Consoli- papers and memorabilia are housed at King’s what different than the other groups. The TAA dated Appropriations Act of 2004. College, through an agreement Flood set up group has been disadvantaged by foreign As you know, this Congress continues to be in 1964 with Mary Barrett, longtime college librarian. trade and competition. Even though the indi- a supporter of strong U.S.-Armenian relations to include economic and related programs. In In the Flood collection room are tens of viduals may be skilled, they are unlikely to find thousands of pieces of correspondence, hun- jobs in their former industries because the fact, this bill appropriates $75 million to help dreds of photographs, awards, plaques, and jobs have moved offshore. Accordingly, the Armenia with its continued progress toward a seals of the office he held and the depart- TAA recipient may need retraining. Qualifying market-oriented democratic nation. ments of government with which he dealt for as a WOTC/TAA recipient would help the per- However, it is not just economic assistance so many years. son obtain a job, and the credit would con- that Congress is voting on today. We are also It is traditional in assessing the Congress- tribute to the retraining costs incurred by the voting on a provision which expressed the in- man’s career that consideration comes on two levels—the federal government in Wash- new employer. The TAA recipient hired by an tent of Congress that the U.S. Agency for International Development provides sufficient ington and the 11th Congressional District in employer would no longer receive TAA bene- Northeastern Pennsylvania. fits, thus reducing the cost of that program. funding to establish and operate a Central Di- Until 1966, he represented Luzeme County. The proposal is not the complete answer to agnostic Laboratory in Armenia that can serve But after the Supreme Court’s famous ‘‘one unemployment. Nevertheless, I believe it is a the Caucasus region. Currently, there is no man, one-vote’’ decision, the state’s congres- step in the right direction, because it targets such resource in Armenia or the region to sional districts were realigned. those workers who have lost their jobs due to safeguard human health and food safety Flood’s territory expanded to include Car- foreign trade and competition. I encourage my against the threat of contamination or spread bon and Columbia counties. In 1972, as part colleagues to cosponsor this proposed legisla- of disease. of the decennial reapportionment, Montour I believe it is the intent of this Congress that and Sullivan counties were added. tion. Flood’s lasting legacy on the national f the U.S. Agency for International Development scene usually centers on his three decades of utilize the services of the Armenian Tech- policy to keep the Panama Canal in U.S. PAYING TRIBUTE TO ANN nology Group, a U.S.-based nonprofit organi- control, the unending crusade to promote CAMERON zation, to work with Armenian officials to es- the so called captive nations of eastern Eu- tablish and begin operations of this Central Di- rope which were under Soviet domination, HON. SCOTT McINNIS agnostic Laboratory. Furthermore, I believe it and his powers as a member of the House Ap- propriations Committee. OF COLORADO is key that this work begin as early as possible so that the Caucasus region, and by extension Flood secured membership on the funding IN THE HOUSE OF REPRESENTATIVES panel in 1949, and kept it throughout the end the United States, can benefit from the protec- Monday, December 8, 2003 of his congressional service on January 31, tion provided by this Central Diagnostic Lab- 1980. His senior role on the Defense appro- Mr. MCINNIS. Mr. Speaker, it is with great oratory. priations subcommittee, where he served for pride that I rise today to pay tribute to an ex- f nearly 30 years, was significant in such areas traordinary woman from Glenwood Springs, as funding new weapons systems, supporting Colorado. Ann Cameron is a wonderful person HONORING THE LEGACY OF the Vietnam War and keeping the who brings warmth to the hearts of everyone CONGRESSMAN DANIEL J. FLOOD Tobyhanna Army Depot in business. she meets with her gentle laugh and remark- In fact, it was his strong relations with the able sense of humor. Her enthusiasm spreads most senior Department of Defense military HON. PAUL E. KANJORSKI and civilian commanders that enabled him throughout the community as she passes her OF PENNSYLVANIA to gain permanent legend status for his role wisdom and knowledge on to future genera- IN THE HOUSE OF REPRESENTATIVES in the recovery of the Agnes disaster in 1972. tions. I would like to join my colleagues here Monday, December 8, 2003 The effort was led from his emergency head- today in recognizing Ann’s tremendous dedi- quarters at the Naval Reserve Center in cation to the Glenwood Springs community. Mr. KANJORSKI. Mr. Speaker, I rise today Avoca. Ann celebrated her 101st birthday on No- to pay tribute to the late Congressman Dan In 1966, after less than three years of serv- vember 12th. She was born in 1902 in the In- Flood as his legacy is honored today, Novem- ice on the appropriations subcommittee for dian Territory of Oklahoma before it became a ber 25, 2003, at King’s College in Wilkes- Labor, Health, Education and Welfare, election defeat for two colleagues and the unex- state. As one of eight children, she grew up Barre. The occasion will celebrate the Con- pected death of the panel’s chairman thrust milking cows and picking cotton on the family gressman’s 100th Birthday, 10 years after his Flood into the chairmanship of what quickly farm before she went on to teacher’s college. passing. became an awesome assignment. Ann became a stenographer and worked for Although it has been over 2 decades since Flood handled it well—for the country and attorneys most of her life. She credits reaching he has served in the House of Representa- his district. President Lyndon B. Johnson

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.143 E09PT1 E2506 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 called for the creation of the Great Society, PAYING TRIBUTE TO KRIS JOHNS masks. Taking advantage of naturally occur- a program unprecedented in scope of social, ring ammonia, troops tied handkerchiefs over educational, and vocational opportunities, in HON. SCOTT McINNIS their face to destabilize the fumes. which several million Americans benefited. Such method was employed by Private The assignment for funding policy for the en- OF COLORADO Schaub in a Mustard Gas attack on his divi- tire program fell upon Chairman Flood and IN THE HOUSE OF REPRESENTATIVES sion. He was treated for Bronchitis, gas expo- his subcommittee. During the 14 years of his Monday, December 8, 2003 chairmanship, the National Institute of sure and sinus conditions and honorably dis- Health budget increased six-fold, research Mr. MCINNIS. Mr. Speaker, it is my honor to charged on April 15, 1919. for cancer intensified new federal programs rise and pay tribute to a remarkable young I will present Private Schaub’s son with the for educational development sprung up, and man from my district. As Captain of a United Purple Heart, the oldest military decoration in many national health and research centers States Coast Guard ship, Lieutenant Kris the world, more than 80 years overdue. were created. Johns has dedicated his life to the safety and Though he earned this honor, he never re- Also, for the first time, the government of- security of our nation. I am honored today to ceived it from the Defense Department and I fered support for psychiatric training, prac- am pleased to have the opportunity to present tical nursing and specialized education. call the attention of this body of Congress and It was his clout in the appropriations proc- our nation to Kris and his selfless and coura- to his family the Purple Heart for his selfless ess that had much to do with his successful geous service. devotion to duty and service to the United leadership in the enactment of the 1969 legis- As a high school student, Kris set the lofty States. lation which created the Black Lung pro- goal of becoming a ship Captain in the United f gram for first retired coal miners, and later States Coast Guard. Kris’ teachers and friends secured benefits for their widows. TRIBUTE TO CHIEF LOUIS knew that he was a special young man who IMPARATO By the time of his retirement a decade would work tirelessly to make his dream a re- later, his constituents alone received several hundred million dollars of benefits. ality. Following high school, Kris attended the United States Coast Guard Academy. While HON. BILL PASCRELL, JR. The powerful subcommittee assignment OF NEW JERSEY brought a multitude of benefits for the folks there, he continued to excel and was admitted IN THE HOUSE OF REPRESENTATIVES back home. to officer training school. Funds were obtained to help construct the Upon graduation from the Coast Guard Monday, December 8, 2003 new library at King’s College. The first fam- Academy, Kris was assigned to the United Mr. PASCRELL. Mr. Speaker, I would like to ily practice medicine program between States Coast Guard Cutter Sherman, where call to your attention the life and work of an Wilkes University and Hahnemann Univer- he began as a Communications Officer and exceptional individual who I have long been sity in Philadelphia was inaugurated. Stu- dents could now take many of their medical was soon promoted to Gunnery Officer. Last proud to call my friend, Fire Chief Louis school classes on the Wilkes University cam- June, Kris realized his dream, as he received Imparato. On Tuesday, November 25, 2003, pus. orders to take command of the United States members of the City of Passaic (NJ) Fire De- The first federally funded rural health cen- Coast Guard Cutter Halibut stationed in Cali- partment joined together with the F.M.B.A. to ter on Route 940 in White Haven opened, with fornia. celebrate Chief Imparato’s retirement. others in the area soon to follow. The re- Kris has served honorably aboard the Hal- During his tenure as Fire Chief, Lou gional mental health center, headquartered ibut and earned the respect of the men under Imparato used his position of leadership to in Nanticoke, was the first of its kind in the his command. Kris and his crew spend each serve as a powerful voice for the fire services country. Marywood University’s School of day undertaking missions for homeland secu- both at home and in Washington, DC. It is Social Work gained national recognition because of its network of services funded by rity, search and rescue, and drug enforce- therefore only fitting that Chief Imparato be Washington. ment. Our nation is truly a safer place as the recognized in this, the permanent record of Beyond the realm of the Washington scene result of the service of Kris and his men. the greatest freely elected body on earth. and significant projects for his district, it Mr. Speaker, it is my honor to rise and pay Over the past 35 years, Lou Imparato has was another legend, that of individual contribute to Kris Johns. Kris spends his life pro- tirelessly served the men, women, and chil- stituent service, for which Flood perhaps be- tecting and serving all Americans. I am proud dren of the City of Passaic. Appointed to the came best known. of Kris and his many accomplishments. Thank fire department on January 8, 1968, Lou rap- There was, it seemed, no aspect of human you Kris for your service. idly advanced up the chain of command until need in which the government could not play 1988, when he was named Deputy Chief. a part and that Flood did not deliver assist- f ance. Three short years later, Lou became Passaic’s TRIBUTE TO PRIVATE WILLIAM Fire Chief—a position that he has held with Flood’s long public career brought many SCHAUB types of recognition. There were 13 honorary distinction for the past twelve years. degrees, the top national awards of the Mr. Speaker, perhaps Chief Lou’s greatest American Cancer Society, the American HON. GINNY BROWN-WAITE achievement and lasting legacy was his work Heart Association, the Disabled American OF FLORIDA in helping me to draft the Firefighter Invest- Veterans, the Cystic Fibrosis Foundation IN THE HOUSE OF REPRESENTATIVES ment and Response Enhancement (FIRE) Act. and hundred more. Early in my career in Congress, Lou came Monday, December 8, 2003 The lasting tribute that the congressman to me at one of our many meetings address- treasured most, however, was the naming of Ms. GINNY BROWN-WAITE of Florida. Mr. Daniel J. Flood Elementary School in the ing public safety needs and asked why the north end of Wilkes-Barre in his honor. The Speaker, I rise today to honor Private William Federal government spent nearly zero dollars school is located just a few blocks from the Schaub, a World War I veteran from New supporting our Nation’s 32,000 career, volun- simple, family home where his devoted wife, York. His son lives in XXX. teer, and combination fire departments. I did Catherine, resides to this day. This Veterans’ Day, I will have the pleasure not have a good answer for him, so we began The ceremony in Flood’s honor will be held of recognizing Private Schaub for his heroism to investigate what could be done. Tuesday at 1:30 p.m. in the King’s College and bravery as a United States Soldier who Together, we drafted the FIRE Act—the first chapel at North Franklin and Jackson fought in the First World War. He was sent to ever comprehensive Federal commitment to streets. the battle fields in Europe and fought in the local fire departments. I introduced the legisla- Mr. Speaker, Daniel Flood’s wife, Catherine, major battles of St. Mihiel, Meuse-Argonne, tion in Congress and, after a massive lobbying who will be present at the ceremony today, and Essey-Pannes. effort from fire departments across the coun- was indeed a partner in the Congressman’s There are few among us who can recall the try, it passed the House and Senate and was career and family. His loyal staffers and allies horrors of this war to end all wars that scarred signed into law by President Clinton in 2000, such as Michael Clark, John McKeown and an entire generation. One of the deadly inno- creating the Assistance to Firefighters Grant Councilman Jim McCarthy, serve as a tribute vations that typified the battles fought by our Program. to how Dan Flood conducted himself as a soldiers was the use of poisons gas. Mustard, In its first 3 years of existence, the program Congressman. Sarin, and Chlorine Gas were used offensively has distributed over $1.2 billion directly to fire My Colleagues, Congressman Flood serves to debilitate Allied Troops. departments across the country from equip- as a model of responsiveness to the people Often troops were not adequately supplied ment, training, and other fire prevention activi- he represented and I feel fortunate to have with gas masks to protect them from this poi- ties. Chief Lou’s own department in Passaic had the opportunity to work with him over the son. Indeed an improvised method was devel- has already received close to $200,000 years. He is indeed a legend. oped by our troops to protect those without through the program.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.146 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2507 The passage of the FIRE Act, which will its membership because of relocations; de- lady from my district. Tabetha Salsbury is a fif- help fire departments across the country better struction of the church facility by fire in 1861 teen-year-old resident of Pueblo, Colorado serve their communities for years to come, and 1905; and the inability to secure building who spent last summer restoring a 1935 John has been one of my greatest achievements loans on several occasions. However, today Deere tractor. Tabetha did a wonderful job while in Congress. I trust that Chief Imparato Shiloh stands firm as a testament to the that resulted in a finely renovated machine. feels the same way about this piece of history- strong faith, perseverance, determination, Recently, Tabetha’s hard work paid off when making legislation because we accomplished it character and courage of its founders and she became a national champion in tractor together. Fire departments across the Nation early congregations. restoration. I am proud to recognize her ac- will long owe Lou an immense debt of grati- Since its establishment, Shiloh has provided complishments here before my colleagues tude for his inspired work. dedicated service to the citizens of the Capital today. Committed to enhancing the work environ- Region, much of which was accomplished dur- All summer, Tabetha worked tirelessly dis- ment for firefighters throughout the State of ing 26 plus years of outstanding leadership by assembling, fixing and reassembling the trac- New Jersey as well as on the national level, Pastor Emeritus Willie P. Cooke. Shiloh has tor. When she had finished, Tabetha and her Lou served for 3 years as the President of the provided many services through its many min- family took the time to transport the newly re- Local F.M.B.A., and for 10 years as the Local istries and has participated in numerous com- furbished tractor to its previous owner so that F.M.B.A. State Delegate. His great dedication munity based programs, including but not lim- he could see his old machine in its newfound and personal valor has been widely noted by ited to, establishment of an Elderly Apprecia- glory. the people he has served and by his peers— tion Day; the participation in the annual Sac- Through her talent and dedication in the ga- most notably when the New Jersey State ramento Dr. Martin Luther King, Jr. Celebra- rage, Tabetha has achieved a historic first. As F.M.B.A. honored him by asking him to serve tion; host church for the Sacramento Children national champion, Tabetha is the first female as the Chairman of their Valor Awards Dinner. Summer Food Program; organized a prison that has ever finished in the top three in the As you can see, every aspect of Chief ministry for youth incarcerated in the California national competition. She has proven herself Imparato’s life’s work epitomizes the noble Youth Authority and the Sacramento County as capable as any young tractor mechanic in spirit of selfless service that we all strive to Probation Department; and instituted a Care- Colorado. achieve. The sense of excellence and initiative giver’s Program to provide services to sick Mr. Speaker, it is my honor to rise and pay that has driven Lou’s life work has made him and residence-bound citizens. tribute to Tabetha Salsbury. She has proven living proof that those who dedicate them- In recognition and appreciation of these what can be accomplished through hard work. selves to helping others are among the most community services, Shiloh has received nu- Tabetha’s tenacity and dedication set a fine valued and loved members of the community. merous Presidential, Congressional, Guber- example for young men and women through- Mr. Speaker, the job of a United States natorial, and State Legislative commendations out our nation and it is my honor to rise and Congressman involves so much that is re- dating back more than 40 years. congratulate her on a well-deserved award. For the past 18 months, Shiloh has contin- warding, yet nothing compares to recognizing f the efforts of public servants like Lou ued its mission under the direction of Pastor Imparato. I ask that you join our colleagues, Emeritus William P. Cooke. However, Shiloh TRIBUTE TO STAFF SGT. JOHN the men and women of the City of Passaic, recently called on Dr. Rodgers to serve as its FOLSOM fire departments across the country, and me in 27th pastoral leader and to add to the rich reli- recognizing the invaluable service of Chief gious and community history it has developed HON. GINNY BROWN-WAITE over the past 147 years. Louis Imparato. OF FLORIDA The Reverend James B. Rodgers has f served faithfully in the ministry, preaching and IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO THE SHILOH BAPTIST teaching the gospel for over 32 years. In prep- Monday, December 8, 2003 CHURCH AND THE REVEREND aration for his calling to the ministry and in Ms. GINNY BROWN-WAITE of Florida. Mr. JAMES B. RODGERS continuation of his ministerial duties, Dr. Rod- Speaker, I rise today to honor Staff Sgt. John gers commenced his academic studies with L. Folsom, a Korean War veteran from Lady HON. ROBERT T. MATSUI the United States Naval Academy and has Lake, Florida in my Fifth Congressional Dis- earned an Associate of Arts Degree in Busi- OF CALIFORNIA trict. ness; a Bachelor of Arts in Theology; a Mas- IN THE HOUSE OF REPRESENTATIVES On Sunday, November 2nd, I had the pleas- ters of Theology; a Doctorate of Theology; and ure of recognizing Staff Sgt. Folsom for his Monday, December 8, 2003 a Masters in Education Administration. heroism and bravery as a United States Sol- Mr. MATSUI. Mr. Speaker, I rise in tribute to Dr. Rodgers’ official installation as pastor dier who fought in the Korean War from Janu- The Shiloh Baptist Church and The Reverend will occur during a three-day ceremony at Shi- ary 1951 to February 1954. He continued his James B. Rodgers. On December 21, Rev- loh Baptist Church commencing with a com- service to the Nation for 10 years after the erend Rodgers will officially be installed as the munity night on Friday, December 19, 2003, conclusion of the Korean War, retiring in No- twenty-seventh Pastor of the Shiloh Baptist and concluding with the installation on Sun- vember 1964, having achieved the rank of Church, the oldest African-American church day, December 21, 2003. These services are Staff Sergeant (EÐ6). west of the Mississippi River and the first Bap- designed to introduce Dr. Rodgers to the Shi- On February 5, 1953 Staff Sgt. Folsom was tist Church organized by African-Americans in loh family and to the Greater Sacramento wounded in his right leg by a sniper attack as Sacramento. I ask all my colleagues to join community. his unit was ‘‘digging in’’ at the top of a hill in me in congratulating the Shiloh Baptist Church Mr. Speaker, I am honored to thank and Seoul. family and Dr. James B. Rodgers, Pastor, on congratulate the Shiloh Baptist Church for I will present Staff Sgt. Folsom with the Pur- this momentous occasion. nearly 150 years of invaluable service to the ple Heart, the oldest military decoration in the The Shiloh Baptist Church, located in the City of Sacramento. I would like to especially world, 50 years overdue. Fifth Congressional District of the State of welcome Dr. James B. Rodgers to our com- Though he earned this honor, he never re- California, was established in 1856 as the old- munity and to the Shiloh Baptist Church. I ask ceived it from the Defense Department and I est African American Baptist Church West of all my colleagues to join me in wishing the am honored to have the opportunity to present the Mississippi River and the second oldest Shiloh Baptist Church and Dr. Rodgers contin- to him the Purple Heart for his selfless devo- African American church in the City of Sac- ued success in all their future endeavors. tion to duty and service to the United States. f ramento. Since the church had no facilities f upon its establishment in which to hold reli- PAYING TRIBUTE TO TABETHA A PROCLAMATION HONORING gious services, it forged a strong relationship SALSBURY with the Chinese Americans in the area, which JOSEPH BRUNO MANASSE resulted in an offer being extended for Shiloh HON. SCOTT McINNIS to hold religious services at the Chinese OF COLORADO HON. ROBERT W. NEY Chapel, located at historic Sixth and H Streets IN THE HOUSE OF REPRESENTATIVES OF OHIO in Sacramento. IN THE HOUSE OF REPRESENTATIVES Shiloh has overcome many obstacles to its Monday, December 8, 2003 Monday, December 8, 2003 missionary services, including bank fore- Mr. MCINNIS. Mr. Speaker, it is my honor to closure in the 1860s; significant reductions in rise and pay tribute to a remarkable young Mr. NEY. Mr. Speaker:

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.149 E09PT1 E2508 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Whereas, Donald and Dilla Manasse are TRIBUTE TO RUSSELL STOVER When her husband’s cancer finally took his celebrating the birth of their son, Joseph CANDIES life, Rose had to make the difficult decision to Bruno Manasse; and place Marian at the Key Training Center to live Whereas, Joseph Bruno was born on the HON. SCOTT McINNIS and return to teaching, retiring at the age of Twenty-third Day of September, 2003 and OF COLORADO 82. Years later a nephew of Rose’s who had a weighed 3.3 kilograms; and IN THE HOUSE OF REPRESENTATIVES Whereas, the Manasse’s have all occasion fondness for Marian died and left his inherit- Monday, December 8, 2003 to celebrate with friends and family as they ance to the women. Rose took the inheritance welcome Joseph Bruno into their family, and Mr. MCINNIS. Mr. Speaker, it is my honor to and bought a house with it. The house, which Therefore, I join with Members of Congress rise and pay tribute to an outstanding busi- will become a licensed group home, will be and their staff in congratulating Mr. and Mrs. ness in my district. Russell Stover Candies in maintained by the Key Training Center as one Manasse and wishing Joseph Bruno a very Montrose, Colorado recently celebrated its of its own group homes. This made it possible Happy Birthday. thirtieth anniversary. Russell Stover is dedi- for Marian, and two other disabled adults, to cated to bringing smiles to Americans through- have a place to live. Mr. Speaker, with this act Rose Pellgrin f out the nation and it is my honor to call the attention of this body of Congress to their con- made an incredible donation to the Key Center CONGRATULATING MIDDLE tributions. and to her daughter. What’s more amazing is SCHOOL EDUCATORS OF THE YEAR Russell Stover first opened the doors to its that she views it as nothing special, but as Montrose factory in 1973. Since that time, the what mothers do for their children. HON. RANDY ‘‘DUKE’’ CUNNINGHAM staff and management have managed to find I am honored to be her representative in a delicate balance between traditional hand- Congress and want to take a moment before OF CALIFORNIA craftsmanship and twenty-first century tech- this body today to call attention to her sacrifice IN THE HOUSE OF REPRESENTATIVES nology. The dedication and artistry that Rus- and devotion to her daughter. We should all Monday, December 8, 2003 sell Stover employees put into their work re- be so lucky as to have a mother like Rose. f Mr. CUNNINGHAM. Mr. Speaker, I rise sults in a product that is unparalleled. today to recognize the educators honored by Since its inception, Russell Stover has ben- WARS OF CHOICE the California League of Middle Schools as efited the economy of Montrose. The 600 em- ‘‘Educators of the Year.’’ It is an honor to ac- ployees at the factory love their work and HON. BARNEY FRANK there is very little turnover. The length of ten- knowledge the contributions they have made OF MASSACHUSETTS ure for the factory’s employees is a testament in the effort to implement education reform in IN THE HOUSE OF REPRESENTATIVES California’s middle school curriculum. to the loyalty the company has to its employees. Monday, December 8, 2003 The California League of Middle Schools In addition to bringing joy to others through Mr. FRANK of Massachusetts. Mr. Speaker, (CLMS) Educator of the Year Award Program its production of candies, Russell Stover is one of the most important debates now being annually recognizes the achievements of 11 also involved in the community. Each year, the carried on in the United States has to do with educators from regions throughout California. factory dedicates time and resources to var- the reasons for our war in Iraq. The adminis- Awardees exemplify educators who are able ious non-profit organizations and charitable tration and its defenders have argued that we to inspire and motivate diverse groups of stu- activities throughout the region. had to go to war as a matter of self-defense. dents in their educational endeavors. I am Mr. Speaker, it is my honor to call the atten- In varying combinations, the administration proud to nominate these eleven distinguished tion of my colleagues and our nation to Rus- has argued that Iraq was deeply involved with recipients of this award along with the thou- sell Stover Candies. The company has done a al Qaeda and that the Iraqi war to a great ex- sands of educators from the State of California great deal for the betterment of the Montrose tent was a logical next step after the war in Af- for the tremendous and exemplary work they community. I would like to congratulate Rus- ghanistan, and also that Iraq possessed weap- do everyday in the classroom. sell Stover on thirty years of service in ons of mass destruction that were ready to be CLMS honors those displaying outstanding Montrose and wish them the best in the years used against us. In short, they argued that this understanding of their teenage students and to come. was a war of necessity. who are supportive of upward middle school f Many of us believe to the contrary that the movement. They are committed to employ the linkage between Iraq and al Qaeda was slight, principles of Caught in the Middle, Turning TRIBUTE TO ROSE PELLGRIN and that the weapons of mass destruction ar- Points, and Taking Center Stage, and incor- gument had been grossly exaggerated. Of porate State Frameworks and Standards into HON. GINNY BROWN-WAITE course evidence since America’s military vic- their curriculum. These leaders are dedicated OF FLORIDA tory have strengthened greatly the case of to motivating and inspiring students while uti- IN THE HOUSE OF REPRESENTATIVES those of us who were skeptical on both lizing innovative educational tools. As enthusi- Monday, December 8, 2003 counts. astic role models, these educators are But the debate continues to be an important proactive in the pursuit of improving Middle Ms. GINNY BROWN-WAITE of Florida. Mr. one. I was therefore struck by the article in the School education for students now and in the Speaker, I rise today to honor Rose Pellgrin, November 23 Washington Post by Richard future. a dedicated, loving mother in my Fifth Con- Haass. Mr. Haass who is now the President of I am pleased to honor the following Middle gressional District of Florida. At 91 years old, the Council on Foreign Relations was a very School Educators: Jane Karcher, from Wash- Rose continues to be a shining example of de- high ranking national security official of the ington Middle School, Raiford Henry, from votion and selflessness for mothers young and Bush administration from its early months in Roosevelt Middle School, Gabriele Calvin- old. office until June of this year—after the major Shannon, from Madison Middle School, Jami In 1949 at the age of 40, Rose Pellgrin be- military activity in the war against Iraq. While Phillips, from Woodland Park Middle School, came a mother to a baby girl she named Mar- he does not explicitly rebut the Bush adminis- Teresa Allen, from San Marcos Middle School, ian. Unfortunately Marian was born with a tration’s case for the war, his article is in fact Julie Doria, from Olive Peirce Middle School, mental disability and Rose was advised that a strong argument against it. Mehrak Selby, from Marston Middle School, she would not live very long. Her doctors even Talking of the distinction between wars of Steve Rodriguez, from Montgomery Middle told her to have another child and to not worry necessity—which is how the administration School, John Lazarcik, from Kennedy Middle about Marian. has characterized the war in Iraq—and wars School, Lawrie Kueneman, from Oak Crest Rose insisted that she would raise Marian of choice, in which countries use war as a Middle School and Dr. Larry Maw from the and did just that. She raised Marian despite means of policy, Mr. Haass, the Director of the San Marcos Unified School District. several obstacles. When her husband’s afflic- State Department’s policy planning team while Mr. Speaker, it is my pleasure to recognize tion with cancer forced the family to move the war was being planned and carried out, the Middle School Educators of the year today from her native New York to central Florida, clearly asserts that Iraq was an example of for the outstanding contributions they have Rose learned that there was no school in the the latter. made to the education system. I thank them area for mentally disabled children. She then As he notes, ‘‘the debate can and will go on for their service and wish them continued suc- had to drive Marian to a school at the Key as to whether attacking Iraq was a wise deci- cess in the future. Training Center, nearly an hour away. sion, but at its core it was a war of choice. We

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.152 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2509 did not have to go to war against Iraq, cer- policy reflects in part the political realities annulled or Mr. Shevardnadze’s resignation, or tainly not when we did. There were other op- of Iraq, where enthusiasm for prolonged both. Throughout nearly 3 weeks of protests, tions; to rely on other policy tools, to delay at- American occupation is understandably re- both sides remained mindful of Georgia’s in- strained; even more, though, the policy shift tacking, or both. Iraq was thus fundamentally reflects political realities here at home. Do- terest in peace and safety, and avoided provo- different from World War II or Korea or even mestic tolerance for costs—disrupted and cations. the Persian Gulf War, all of which qualify as lost lives above all—is not unlimited. As a Mr. Speaker, his fall ended a political crisis wars of necessity.’’ Mr. Speaker, the signifi- result, the president is wise to reduce the astonishing for its speed and lack of violence cance of this analysis from a man who occu- scale of what we try to accomplish. Making in a blood-washed region. There was no pied so high a post in the Bush administration Iraq ‘‘good enough’’—a functioning and fair- blood. No killing. is great, and because of that, I ask that Mr. ly open society and economy if not quite a Consequently, Mr. Speaker, this resolution Haass’s very thoughtful article be printed here. textbook model of democracy—is plenty am- congratulates both Eduard Shevardnadze and bitious. [From the Washington Post, Nov. 23, 2003] None of this is meant to be an argument the leaders of the opposition, Nino WARS OF CHOICE against all wars of choice. There may be Burdzhanadze, Mikhail Saakashvili, and Zurab (By Richard N. Haass) good and sound reasons for going to war even Zhvaniva, for their courage and patriotism in Any number of lessons can be learned from if we do not have to, strictly speaking. Such dealing with the crisis bloodlessly. the handling of the aftermath of the war in reasons can range from protecting a defense- Moreover, the resolution pledges support Iraq, but none is more basic than this: De- less population against ethnic cleansing or and help for the people of Georgia so as to mocracies, in particular American democ- genocide to preventing the emergence of a consolidate the democratic process. Further- racy, do not mix well with empire. threat that has the potential to cause dam- more, it urges all political segments, as well as Empire is about control—the center over age on a large scale. But wars of choice require special han- social sectors and institutions in Georgia, to the periphery. Successful empire demands strive, through dialogue, to achieve the na- both an ability and a willingness to exert dling. First, it is essential to line up domestic tional reconciliation for which both the Geor- and maintain control. On occasion this re- support. Congress and the American people gian people and the international community quires an ability and a willingness to go to need to be on board, not just in some formal war, not just on behalf of vital national in- yearn. legal way but also to the extent of being psy- terests but on behalf of imperial concerns, Mr. Speaker, I strongly and wholeheartedly chologically prepared for the possible costs. which is another way of saying on behalf of support Georgia’s new leaders, while I also Better to warn of costs that never mate- lesser interests and preferences. urge them to pursue stability, abide by their rialize than to be surprised by those that do. Iraq was such a war. The debate can and Second, it is equally essential to line up constitution and hold democratic elections. will go on as to whether attacking Iraq was international support. The United States And, I look forward to working with Interim a wise decision; but at its core it was a war needs partners: to facilitate the effort of President Nino Burdzhanadze in her effort to of choice. We did not have to go to war fighting the war, to share the financial and maintain the integrity of Georgia’s democracy against Iraq, certainly not when we did. human costs of war and its aftermath, to There were other options: to rely on other as she strives to ensure that this change in stand with us diplomatically should the policy tools, to delay attacking, or both. government follows the constitution. going get tough. We possess the world’s most Iraq was thus fundamentally different from I urge my colleagues to support this resolu- powerful military and economy, but the World War II or Korea or even the Persian tion. United States is not immune from the con- Gulf War, all of which qualify as wars of ne- sequences of being stretched too thin or f cessity. So, too, does the open-ended war going deeply into debt. against al Qaeda. What distinguishes wars of PAYING TRIBUTE TO EARL Third, no one should ever underestimate necessity is the requirement to respond to the potential costs of military action; no one VANTASSEL the use of military force by an aggressor and should ever assume that a war of choice, or the fact that no option other than military any war, will prove quick or easy. Here as force exists to reverse what has been done. In HON. SCOTT McINNIS elsewhere the great Prussian military theo- such circumstances, a consensus often mate- OF COLORADO rist Carl von Clausewitz had it right: ‘‘There rializes throughout the country that there is is no human affair which stands so con- IN THE HOUSE OF REPRESENTATIVES no alternative to fighting, a consensus that stantly and so generally in close connection Monday, December 8, 2003 translates into a willingness to devote what- with chance as war.’’ ever it takes to prevail, regardless of the fi- Mr. MCINNIS. Mr. Speaker, I rise before you nancial or human costs to ourselves. f with a heavy heart to pay tribute to a remark- Wars of choice, however, are fundamen- PLEDGING CONTINUED UNITED able man from my district. Earl VanTassel of tally different. They are normally under- Craig, Colorado passed away recently at the taken for reasons that do not involve obvi- STATES SUPPORT FOR GEOR- ous self-defense of the United States or an GIA’S SOVEREIGNTY, INDEPEND- age of 85. Earl contributed a great deal to the ally. Policy options other than military ac- ENCE, TERRITORIAL INTEGRITY, Craig community, and it is my honor today to tion exist; there is no domestic political con- AND DEMOCRATIC AND ECO- rise and pay tribute to his life before this body sensus as to the correctness of the decision NOMIC REFORMS of Congress and our nation. to use force. Vietnam was such a war, as was Earl was born in Craig in 1918. He attended the war waged by the Clinton administration HON. ALCEE L. HASTINGS Craig High School, where he graduated in against Serbia over Kosovo. 1937. In 1943, Earl married Florence Prather, OF FLORIDA Wars of choice vary in their cost and dura- his wife of sixty years. Earl and Florence tion. Vietnam was long (lasting a decade and IN THE HOUSE OF REPRESENTATIVES raised four wonderful children together. a half from the American perspective) and Monday, December 8, 2003 costly in terms of both blood (more than Earl was an excellent and knowledgeable 58,000 lives) and treasure (hundreds of bil- Mr. HASTINGS of Florida. Mr. Speaker, rancher who used his expertise for the better- lions of dollars). By contrast, Kosovo took Georgian President Eduard Shevardnadze re- ment of his community. He was a mentor and all of 78 days, claimed no American lives in signed on November 23, 2003. Mr. leader for 4ÐH participants, and in that capac- combat and cost less than $3 billion. Shevardnadze’s resignation caps a political ity, he passed along his knowledge of live- What these experiences suggest is that the career during which he has won my admira- stock and ranching to young people through- American people are prepared to wage wars tion, and that of freedom-loving people every- out the region. Earl was also a dedicated vol- of choice, so long as they prove to be relatively cheap and short. But the United where, for helping, as Soviet foreign minister unteer at the Moffat County Fair, numerous States is not geared to sustain costly wars of under Mikhail Gorbachev, end the Cold War. livestock sales, and local rodeos. He delighted choice. However, in spite of this remarkable accom- in helping with the Craig Sale Barn for many We are seeing just this with Iraq. The plishment, during his 10 years as president, years. In addition, Earl was an active member American people are growing increasingly Georgians widely became disheartened with of the Colorado Cattlemen’s Association, the restless, and it is not hard to see why. We Mr. Shevardnadze for allowing corruption to Young Farmers Association and the 4ÐH have been at war now in Iraq for some eight infest the country, while most of its people fell Foundation. months. More than 400 Americans have lost into poverty and despair. These conditions fed Earl’s contributions to his community went their lives. Costs are in the range of $100 billion and mounting. the uprising against him, but it was triggered well beyond ranching. As a member of Colo- The Bush administration knows all this; by the fraudulent parliamentary elections of rado’s first Conservation Board, Earl worked hence the accelerated timetable to hand over November 2, 2003. tirelessly on behalf of the environment. In ad- increasing political responsibility for Iraq to Opposition began daily protests that at- dition, Earl served over forty years as a mem- Iraqis. Such a midcourse correction in U.S. tracted thousands, demanding the elections be ber of Craig’s Rural Fire Protection District

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.155 E09PT1 E2510 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Board. He was also an active member of the to Fisk College (now University), allowed him Atlanta University. He would devote the next Elks Club, and a volunteer with the Sheriff’s to head to Nashville, Tennessee to further his 10 years of his life to teaching and scholar- Posse as well. Craig is definitely a better education. ship. He completed two major works after replace as the result of Earl’s many contribu- In his three years at Fisk (1885Ð1888), suming his duties at Atlanta University. His tions. DuBois’ first trip to the south, his knowledge of book, Black Reconstruction, dealt with the Mr. Speaker, it is my honor to rise and pay the race problem manifested. After seeing dis- socio-economic development of the nation tribute to Earl VanTassel. Earl spent a great crimination in unimaginable ways, he devel- after the Civil War and portrayed the contribu- deal of his life working for the betterment of oped a determination to expedite the emanci- tions of the Black people to this period. Be- his community and our State. Above all, Earl pation of his people. As a result, he became fore, Blacks were always portrayed as dis- was a wonderful father, husband and a friend a writer, editor, and a passionate orator. Si- organized and chaotic. His second book of to many. My heart goes out to Earl’s loved multaneously, he acquired a belligerent atti- this period, Dusk of Dawn, was completed in ones during this difficult time of bereavement. tude toward the color bar. 1940 and expounded his concepts and views f After graduation from Fisk, DuBois entered on both the African’s and African American’s Harvard through scholarships. He received his quest for freedom. TRIBUTE TO SGT. LaVON C. HOVE bachelor’s degree in 1890 and immediately In 1945, he served as an associate consult- began working toward his master’s and doc- ant to the American delegation at the founding HON. GINNY BROWN-WAITE tor’s degrees. After studying at the University conference of the United Nations in San Fran- OF FLORIDA of Berlin for some time, DuBois obtained his cisco. Here, he charged the world organization IN THE HOUSE OF REPRESENTATIVES doctor’s degree from Harvard. Indeed, his doc- with planning to be dominated by imperialist toral thesis, The Suppression of the African nations and not intending to intervene on the Monday, December 8, 2003 Slave Trade in America, remains the authori- behalf of colonized countries. He announced Ms. GINNY BROWN-WAITE of Florida. Mr. tative work on that subject, and is the first vol- that the fifth Pan-African Congress would con- Speaker, I rise today to honor Sgt. LaVon C. ume in Harvard’s Historical Series. vene to determine what pressure to apply to Hove, a Korean war veteran from Brooksville, At the age of twenty-six, DuBois accepted a the world powers. This all-star cast included FL, in my fifth congressional district. teaching job at Wilberforce in Ohio. After two Kwame Nkrumah, a dedicated revolutionary, This Veterans Day, I will have the pleasure years at Wilberforce, DuBois accepted a spe- father of Ghanaian independence, and first of recognizing Sgt. LaVon Hove for his her- cial fellowship at the University of Pennsyl- president of Ghana; George Padmore, an oism and bravery as a United States soldier vania to conduct a research project in Phila- international revolutionary, often called the who fought in the Korean war from January delphia’s seventh ward slums. This gave him ‘‘Father of African Emancipation,’’ who later 16, 1951 to August 1952. the opportunity to study Blacks as a social became Nkrumah’s advisor on African Affairs; This conflict enlisted the services of 6.8 mil- system. The result of this endeavor was The and Jomo Kenyatta, called the ‘‘Burning lion American men and women between 1950 Philadelphia Negro. This was the first time Spear,’’ reputed leader of the Mau Mau upris- and 1955. such a scientific approach to studying social ing, and first president of independent Kenya. On January 16, 1951 in Chorwon, Korea, phenomena was undertaken. Consequently, The Congress elected DuBois International Sgt. Hove was wounded in both legs and feet DuBois is known as the father of Social President and cast him the ‘‘Father of Pan- by shell fragments from a nearby explosion. Science. After completing the study, DuBois Africanism.’’ I will soon present Sgt. Hove with the Purple accepted a position at Atlanta University to This same year he published Color and De- Heart, the oldest military decoration in the further his teachings in sociology. mocracy: Colonies and Peace, and in 1947 world, 50 years overdue. Originally, DuBois believed that social produced The World and Africa. DuBois’s out- Though he earned this honor, he never re- science could provide the knowledge to solve spoken criticism of American foreign policy ceived it from the Defense Department and I the race problem. However, he gradually con- and his involvement with the 1948 presidential am honored to have the opportunity to present cluded that in a climate of violent racism, so- campaign of Progressive Party candidate to him the Purple Heart for his selfless devo- cial change could only be accomplished Henry Wallace led to his dismissal from the tion to duty and service to the United States. through protest. In this view, he clashed with NAACP in the fall of 1948. f Booker T. Washington, the most influential During the 1950’s DuBois’s continuing work black leader of the period. Washington with the international peace movement and REMEMBERING W.E.B. DUBOIS preached a philosophy of accommodation, open expressions of sympathy for the USSR urging blacks to accept discrimination for the drew the attention of the United States gov- HON. CHARLES B. RANGEL time being and elevate themselves through ernment and further isolated DuBois from the OF NEW YORK hard work and economic gain, thus winning civil rights mainstream. In 1951, at the height IN THE HOUSE OF REPRESENTATIVES the respect of whites. DuBois believed that of the Cold War, he was indicted under the Foreign Agents Registration Act of 1938. Al- Monday, December 8, 2003 Washington’s strategy, rather than freeing the black man from oppression, would serve only though he was acquitted of the charge, the Mr. RANGEL. Mr. Speaker, on the eve of to perpetuate it. Department of State refused to issue DuBois the 1963 March on Washington, the life of one Two years later, in 1905, DuBois led the a passport in 1952, barring him from foreign of the 20th century’s most brilliant individuals founding of the Niagara Movement; a small or- travel until 1958. Once the passport ban was came to an end. W.E.B. DuBois—scholar, ganization chiefly dedicated to attacking the lifted, DuBois and his wife traveled exten- Pan-Africanist, political leader, champion of platform of Booker T. Washington. The organi- sively, visiting England, France, Belgium, Hol- the struggle against white supremacy in the zation, which met annually until 1909, served land, China, the USSR, and much of the East- United States—died in Ghana on August 27, as the ideological backbone and direct inspira- ern bloc. On May 1, 1959, he was awarded 1963. This year marks the 40th anniversary of tion for the NAACP, founded in 1909. DuBois the Lenin Peace Prize in Moscow. In 1960, DuBois’ death. played a prominent part in the creation of the DuBois attended the inauguration of his friend DuBois was born on February 23, 1868 in NAACP and became the association’s director Kwame Nkrumah as the first president of Great Barrington, Massachusetts. At that time of research and editor of its magazine, The Ghana. The following year DuBois accepted Great Barrington had perhaps 25, but not Crisis. Nkrumah’s invitation to move there and work more than 50, Black people out of a popu- Indeed, DuBois’ Black Nationalism had sev- on the Encyclopedia Africana, a project that lation of about 5,000. eral forms. The most influential of which was was never completed. While in high school DuBois showed a keen his advocacy of Pan-Africanism; the belief that On August 27, 1963, on the eve of the concern for the development of his race. At all people of African descent had common in- March on Washington, DuBois died in Accra, age fifteen he became the local correspondent terests and should work together in the strug- Ghana at the age of 94. Historians consider for the New York Globe. While in this position gle for their freedom. As the editor of The Cri- DuBois one of the most influential African he conceived it his duty to push his race for- sis, DuBois encouraged the development of Americans before the Civil Rights Movement ward by lectures and editorials reflecting the Black literature and art. DuBois urged his of the 1960’s. Born only six years after eman- need for Black people to politicize themselves. readers and the world to see ‘‘Beauty in cipation, he was active well into his 90’s. Upon graduating high school DuBois de- Black.’’ Throughout his long life, DuBois remained sired to attend Harvard. Although he lacked Due to disagreements with the organization, Black America’s leading public intellectual. He the financial resources, the aid of family and DuBois resigned from the editorship of The was a spokesman for the Negro’s rights at a friends, along with a scholarship he received Crisis and the NAACP in 1934 and returned to time when few were listening. By the time he

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.009 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2511 died, he had written 17 books, edited four the Mountain West. He fought bravely to pro- reer on Capitol Hill preceded mine by 13 journals and played a leading role in reshap- tect his fellow citizens in the Rocky Mountain years. This experience, along with her talent ing black-white relations in America. Gas Explosion, the fires on Storm King Moun- and willingness to accommodate the busy f tain and the recent Coal Seam Fire of 2002. schedule of a Congressman, was invaluable. In addition to his work as a fireman, Mike con- Before coming to work on the Hill, Barbara HONORING THE DOWNTOWN FORT tinues to serve as a dedicated Red Cross Vol- had been a stay-at-home mom, taking care of SMITH SERTOMA CLUB’S 50TH unteer. In this capacity, Mike has worked to her two children. She had never really given ANNIVERSARY improve the Red Cross communications sys- much thought to getting involved in the polit- tem, organized disaster assessment teams ical world, but in 1979, at the suggestion of HON. JOHN BOOZMAN and provided victims of disasters with lodging, her father-in-law, she handed a resume to a OF ARKANSAS food, clothing and counseling. friend at the Republican Policy Committee and, in about a week, landed a job with then- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is my honor to rise and pay Representative Carlos Moorehead from Cali- Monday, December 8, 2003 tribute to Mike Alsdorf. The citizens of Glen- wood Springs are certainly better off as the re- fornia. This, however, was not her only job at Mr. BOOZMAN. Mr. Speaker, I rise today to sult of Mike’s tireless dedication to their safety. the time. Barbara often spent her weekends honor the Downtown Fort Smith Sertoma Club Mike will be missed as a member of the Glen- as a professional model—many say she for their fifty years of service to the community wood Springs Fire Department. However, he looked just like Jackie Kennedy Onassis. Her of Fort Smith, Arkansas. will now have more time to spend with his four modeling took her all over the world as well as provided her with many commercial adver- The Downtown Fort Smith Sertoma Club ex- children, his beautiful wife Lynn and his many tising opportunities. As a result of this, some ists for the high and noble purpose of service friends throughout Glenwood Springs. Thanks current House maintenance workers who were to mankind by communications of thoughts, Mike. I appreciate your friendship and your around at the time still refer to Barbara as ideas and concepts to accelerate human service to our town. ‘‘Jackie’’ when they see her in the halls. progress in health, education, freedom and f democracy. In 1985 Barbara began working for then- The club, which is part of the international TRIBUTE TO KENNETH L. Representative and eventual Presidential candidate Jack Kemp. In addition to working in his charity the Sertoma Foundation, provides a BRADSHAW, JR. personal office she also worked on his cam- number of services to the community. Most paign in New Hampshire. notably, they aid the hearing-impaired acquire HON. GINNY BROWN-WAITE After working with Jack Kemp, Barbara hearing related products for persons who oth- OF FLORIDA moved on to work for my Florida colleague, erwise could not afford them. IN THE HOUSE OF REPRESENTATIVES Representative CLIFF STEARNS in 1988. Bar- I appreciate what they have done for the Monday, December 8, 2003 bara spent 6 years working for Representative people of Fort Smith. They truly are an exam- STEARNS where she established her Florida ple of what can be accomplished if we make Ms. GINNY BROWN-WAITE of Florida. Mr. roots. sacrifices for the greater good of our commu- Speaker, I rise today to honor Kenneth Brad- In 1995 Barbara came to work for me and nities. shaw, Jr., a Korean War veteran from Inver- has worked in my Washington office since my Mr. Speaker, 50 years of dedicated service ness, Florida in my Fifth Congressional Dis- first day in office. I am incredibly grateful for and support to local charitable organizations trict. her loyalty to me and my staff. It will be nearly and the educational good of mankind is truly I had the pleasure of recognizing Private impossible to replace her uplifting spirit. Her a glorious reason to celebrate. I ask my col- Bradshaw for his heroism and bravery as a presence in my office added a touch of class leagues to join me today as we honor this soldier who fought in the Korean War from and style, which are sometimes hard to find in wonderful organization and encourage them to January 8, 1948 until April 30, 1952 when he the world of politics. continue their work on behalf of the commu- received a permanent disability retirement as I, along with her coworkers and others out- nity. a private first class. side my office whose lives she has touched, f On February 6, 1951, Bradshaw’s Company will miss her presence on Capitol Hill. Barbara was engaged in a fierce battle with the Chi- Reynolds’s retirement is well earned. She TRIBUTE TO MIKE ALSDORF nese Army in South Korea just below the 38th plans to pursue her hobby of boating on the parallel. He was wounded in his right arm by Chesapeake with her husband, Bob, as well HON. SCOTT McINNIS a shot fired by an enemy soldier. as continue to be a loving mother and grand- OF COLORADO Bradshaw was treated at two different field mother to her two grown children and to her IN THE HOUSE OF REPRESENTATIVES hospitals before being evacuated to a hospital grandchildren. We all wish her many blessings and much happiness in the years to come. Monday, December 8, 2003 in Japan. Shrapnel was also discovered lodged in his back. Thank you Barbara, for your service to my Mr. McINNIS. Mr. Speaker, it is my honor to I recently presented Private Bradshaw with office, the people Florida, and the many others rise and pay tribute to my friend Mike Alsdorf. the Purple Heart, the oldest military decoration with whom you have worked on Capitol Hill. Mike is retiring after 25 years of devoted serv- in the world, more than 50 years overdue. f ice with the Glenwood Springs, Colorado Fire Though he earned this distinction, he never 2003 OHIO STATE CHAMPIONS Department. I have personally witnessed received it from the Defense Department and Mike’s selfless and courageous service on be- I am honored to have the opportunity to half of the citizens of my hometown and I am present to him the Purple Heart for his selfless HON. STEVE CHABOT proud to call his contributions to the attention devotion to duty and service to the United OF OHIO IN THE HOUSE OF REPRESENTATIVES of this body of Congress and our nation. States. As a firefighter and arson investigator, f Monday, December 8, 2003 Mike’s career has been defined by great ability Mr. CHABOT. Mr. Speaker, on the blustery and outstanding courage. Over a quarter cen- COMMENDING BARBARA REY- evening of November 29, 2003, the Elder High tury ago, Mike and I attended fireman training NOLDS FOR HER YEARS OF School football team won their second con- together. It was clear from the outset that Mike SERVICE ON CAPITOL HILL secutive state championship—joining an elite was a natural leader who would become an group in Ohio high school football history. With excellent fireman. HON. DAVE WELDON their 31Ð7 victory over Lakewood St. Edward, In the face of danger, Mike has an uncanny OF FLORIDA the Elder Panthers, under the guidance of ability to assume control and quickly orches- IN THE HOUSE OF REPRESENTATIVES Coach Doug Ramsey, became just the fourth trate the best approach to any emergency. As school ever to win back-to-back Division I Monday, December 8, 2003 an arson investigator, Mike used his vast championships. knowledge, and his strong conviction, to pre- Mr. WELDON of Florida. Mr. Speaker, I While last year’s championship run was vent additional fires and ensure that justice come to the floor today to pay tribute to a epitomized by hard-fought, closely-contested was done. I have great respect for Mike’s abil- long-time member of my staff who is retiring victories, this year’s Panther team dominated ity as a fireman and investigator. this December. Barbara Reynolds has worked the playoffs. The dynamic leadership of quar- Mike served courageously in the face of for me as my scheduler and executive assist- terback Rob Florian and the sensational run- some of the worst disasters ever to occur in ant since I was elected in 1994. Barbara’s ca- ning of Bradley Glatthaar—including an Ohio

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.162 E09PT1 E2512 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Division 1 championship game record 252 Welch; No. 74 John Wellbrock; No. 87 Mike has done to pass H.R. 2622, the Fair and Ac- rushing yards—spearheaded the offense, Windt; No. 75 Eric Wood; and No. 94 Mike curate Credit Transactions Act of 2003. H.R. while Elder’s swarming defense held opposing Zielasko. 2622 includes numerous consumer protection teams to just seven points in four of the five JUNIORS measures designed to combat the growing playoff games. And, as always, thousands of No. 52 Steve Anevski; No. 6 Brian Bai- crime of identity theft and to improve the accu- Elder faithful traveled across the state braving ley; No. 41 Guy Beck; No. 18 Matt Bengel; racy of the credit reporting system. This land- the cold to support the Panthers throughout No. 57 Nick Berning; No. 38 Joe Broerman; mark legislation will also ensure the continued No. 13 Craig Carey; No. 89 Kevin Crowley; the playoffs. No. 14 Andrew Curtis; No. 95 Andrew vibrancy of our national credit markets. The hard work and sacrifice of the young Dinkelacker; No. 76 Alex Duwel; No. 33 Given the complexity of H.R. 2622, it is both men at Elder have brought pride and honor to Tim Dwyer; No. 66 Phil Ernst; No. 37 Eric appropriate and important to submit for the Price Hill and our entire community. Football Harrison; No. 36 Alex Havlin; No. 78 Josh record a section-by-section summary of the fans throughout the Cincinnati area congratu- Hubert. legislation in order to help provide an under- late the Panthers on their back-to-back cham- No. 39. D.J. Hueneman; No. 15 R.J. standing of the legislation and its impact on pionships and share in their celebration. Jameson; No. 43 Reid Jordan; No. 96 Eric the Fair Credit Reporting Act. Mr. Speaker, to appropriately honor these Kenkel; No. 44 Bradley Kenny; No. 51 Chris The legislation provides significant meas- Koopman; No. 42 Nick Kuchey; No. 67 ures to help consumers, financial institutions young men and coaches, I’d like to submit for Mark Menninger; No. 69 John Meyer; the RECORD the roster of the 2003 Elder Pan- No. 32 Robert Nusekabel; No. 22 Billy and consumer reporting agencies prevent and thers and a copy of their schedule and game O’Conner; No. 8 Mike Priore; No. 17 An- mitigate identity theft. For example, the legisla- results. drew Putz; No. 46 Zack Qunell; No. 77 tion establishes requirements for the place- ELDER HIGH SCHOOL, 2003 OHIO HIGH SCHOOL Brandon Rainier. ment of fraud alerts on consumer credit files, STATE FOOTBALL CHAMPIONS, FINAL No. 3 Jeremy Richmond; No. 93 Jake investigation of changes of address, truncation RECORD: 14–1 Rieth; No. 73 Scott Roth; No. 19 Parker of credit card and debit card account numbers Smith; No. 98 Jared Sommerkamp; No. 86 REGULAR SEASON on receipts, and the manner in which informa- Louis Sprague; No. 27 Rickey Stautberg; tion identified as having resulted from identity Game 1: August 21, 2003, Elder 33—Winton No. 79 Ben Studt; No. 62 Joe Super; No. 1 Woods 14 Pat Van Oflen; No. 61 Kurt Weil; No. 25 theft is blocked. Game 2: August 30, 2003, Indianapolis Warren J.T. Westerfield; No. 40 Ben Widolff; No. 4 In addition, the legislation establishes re- Central 45—Elder 20 Nick Williams; and No. 81 Ben Wittwer. quirements for verifying the accuracy of con- Game 3: September 5, 2003, Elder 50—Western SOPHOMORES sumer information and preventing the report- Hills 8 No. 35 Adam Baum and No. 49 Gerald ing of consumer information that results from Game 4: September 12, 2003, Elder 17—Indian- identity theft. Financial institutions must also apolis Bishop Chatard 16 Walker. Game 5: September 19, 2003, Elder 42—La- MANAGERS take certain steps before establishing new Salle 7 T.J. Weil and Andy Brunsman. loans and credit accounts for consumers who Game 6: September 26, 2003, Elder 49—Cov- have fraud alerts on their credit files. f ington Catholic 21 Lastly, the legislation includes provisions en- Game 7: October 3, 2003, Elder 21—Moeller 20 TRIBUTE TO CORPORAL titling consumers to obtain free credit reports Game 8: October 10, 2003, Elder 28—St. Xavier SEBASTIAN DEGAETANO and access to their credit scores. This provi- 7 sion will likely do more for financial literacy Game 9: October 17, 2003, Elder 21—Indianap- HON. GINNY BROWN-WAITE and consumer education than any legislation olis Cathedral 7 in decades. OF FLORIDA Game 10: October 24, 2003, Elder 24—Oak Hills I am submitting this section-by-section anal- 21 IN THE HOUSE OF REPRESENTATIVES ysis on behalf of myself and the gentleman PLAYOFFS Monday, December 8, 2003 from Alabama (Mr. BACHUS), the Chairman of Round 1: November l, 2003, Elder 28—Ander- the Financial Institutions and Consumer Credit son 7 Mr. GINNY BROWN-WAITE of Florida. Mr. Round 2: November 8, 2003, Elder 33—Clayton Speaker, I rise today to honor CPL Sebastian Subcommittee, who introduced H.R. 2622 and Northmont 7 Degaetano, a veteran of the second world war presided over a series of hearings over the Regional Championship: November 15, 2003, and a resident of Port Richey, Florida in my past year that laid the groundwork for this Elder 24—Colerain 23 Fifth Congressional District. landmark legislation. State Semi-Final: November 22, 2003, Elder I will soon have the pleasure of recognizing SECTION BY SECTION ANALYSIS OF THE 31—Dublin Scioto 7 CPL. Sebastian Degaetano for his heroism LEGISLATION State Championship: November 29, 2003, and bravery as a U.S. soldier who fought in Section 1. Short title; table of contents Elder 31—Lakewood St. Edward 7 the European Theater from January 19, 1943 This section establishes the short title of 2003 ELDER PANTHERS VARSITY FOOTBALL through March 28, 1946. the bill, the ‘‘Fair and Accurate Credit ROSTER During the pivotal Battle of the Bulge, which Transactions Act of 2003’’ (the FACT Act). HEAD COACH turned the tide against the Germans and was Section 2. Definitions Doug Ramsey. the largest land battle of World War II, CPL This section adds a number of definitions ASSISTANT COACHES for use in provisions of the Act that are not Degaetano was hit in his leg by shrapnel. amendments to the Fair Credit Reporting Ken Lanzillotta; Ray Heidorn; Mike I will present CPL Sebastian Degaetano Act. Kraemer; Craig James; Tim Schira; Matt with the Purple Heart, the oldest military deco- Eisele; and Pat Good. Section 3. Effective dates ration in the world, nearly 50 years overdue. This section specifies effective dates for SENIORS Though he earned this honor, he never re- the legislation. Several sections are given No. 34 Eric Andriacco; No. 54 Steve ceived it from the Defense Department and I specific effective dates. For sections adding Baum; No. 58 Kenny Berling; No. 26 Ryan am honored to have the opportunity to present new provisions or standards where no effec- Brinck; No. 20 Michael Brown; No. 50 Dave to him the Purple Heart for his selfless devo- tive date is provided, this section provides a Bullock; No. 68 Alec Burkhart; No. 23 tion to duty and service to the United States. general rule providing for the Federal Re- Mark Byrne; No. 5 Charlie Coffaro; No. 71 serve Board (the Board) and the Federal f Justin Crone; No. 29 Brett Currin; No. 12 Trade Commission (FTC) within 2 months to Rob Florian; No. 84 Kurt Gindling; No. 11 CONFERENCE REPORT ON H.R. 2622, jointly determine the appropriate effective Bradley Glatthaar; No. 99 Alex Harbin. dates for the remaining provisions, not to ex- No. 97 Steve Haverkos; No. 70 Chris FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 ceed 10 months from making their deter- Heaton; No. 82 Nick Klaserner; No. 7 Dan mination. Kraft; No. 48 Joe Lind; No. 47 Pat Lysaght; TITLE I—IDENTITY THEFT PREVENTION No. 53 Corey McKenna; No. 60 Mike Meese; SPEECH OF AND CREDIT HISTORY RESTORATION No. 92 Tim Mercurio; No. 30 Drew Metz; No. 72 Mark Naltner; No. 28 Alex Niehaus; HON. MICHAEL G. OXLEY Subtitle A—Identity Theft Prevention No. 21 Billy Phelan; No. 31 Seth Priestle. OF OHIO Section 111. Amendment to definitions No. 65 Nick Rellar; No. 2 Jake Rich- IN THE HOUSE OF REPRESENTATIVES This section includes a number of defini- mond; No. 91 Tony Stegeman; No. 88 Ian Friday, November 21, 2003 tions, including definitions for fraud alerts, Steidel; No. 9 Mike Stoecklin; No. 45 Tim identity theft reports, financial institutions, Teague; No. 24 John Tiemeier; No. 90 Matt Mr. OXLEY. Mr. Speaker, I rise today to ex- and nationwide specialty consumer reporting Umberg; No. 10 Jeff Vogel; No. 16 Eric press my appreciation for the work Congress agency.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.167 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2513 Section 112. Fraud alerts and active duty alerts then the user may contact the consumer years in order to reduce the likelihood of The section sets forth a uniform national using that number or must take other rea- identity theft. consumer protection standard for the proc- sonable steps to verify the requester’s iden- Section 115. Authority to truncate social secu- essing of credit and verification procedures tity and confirm that the request is not the rity numbers where there is an elevated risk of identity result of identity theft. In the case of an extended alert, the user may not grant the re- This section allows consumers, upon pro- theft. The section allows certain identity viding appropriate proof of identity, to de- theft victims and active duty military con- quest unless the consumer is contacted either in person (such as in a bank branch or mand that a consumer reporting agency sumers to direct nationwide consumer re- truncate the first 5 digits of the consumer’s porting agencies to include a fraud alert or retail store location), by telephone, or through any another reasonable method pro- social security or other identification num- active duty alert in each consumer report ber on a consumer report that the consumer furnished on them that can be viewed by vided by the consumer, to confirm that the request is not the result of identity theft. is requesting to receive pursuant to section creditors and other users of the report in a 609(a) of the FCRA. clear and conspicuous manner. Upon receiv- Section 113. Truncation of credit card and debit Subtitle B—Protection and Restoration of ing proof of the consumer’s identity and the card account numbers Identity Theft Victim Credit History consumer’s request for an alert, the agency This section creates a uniform national must place the alert in the consumer’s file standard requiring businesses that accept Section 151. Summary of rights of identity theft for a certain time period (or such other time credit or debit cards to truncate the card ac- victims agreed to upon the request or subsequently) count numbers (printing no more than the This section requires the FTC, in consulta- in a manner facilitating its clear and con- last 5 digits) and exclude card expiration tion with the banking agencies and the spicuous viewing, inform the consumer of dates on any electronically printed receipts. NCUA, to prepare a model summary of the the right to request free credit reports with- This requirement becomes effective 3 years rights of consumers to help them remedy the in 12 months, provide the consumer with the after enactment for any cash registers in use effects of fraud or identity theft. Consumer disclosures required under section 609 within on or before January 1, 2005 and 1 year after reporting agencies must provide any con- 3 business days of requesting the disclosures, enactment for any register put into use after sumer contacting them expressing the belief and refer the necessary information related January 1, 2005. The requirement does not of identity theft victimization with a sum- to the alert to the other nationwide credit apply to transactions in which the sole mary of rights containing the information in reporting agencies. The request must be means of recording the person’s credit card the FTC’s model summary and the FTC’s made directly by the consumer or by an indi- or debit card number is by handwriting or by contact information for more details. The vidual acting on their behalf or as their rep- an imprint or copy of the card. section also requires the FTC to develop and resentative. This limitation on the request is Section 114. Establishment of procedures for the implement a media campaign to provide intended to allow a consumer’s family or identification of possible instances of iden- more information to the public on ways to guardian to request an alert for the con- tity theft prevent identity theft. It is important for sumer where appropriate, while preventing This section directs the Federal banking the agencies to let consumers know that credit repair clinics and similar businesses agencies, the National Credit Union Admin- identity thieves target home computers be- from making such requests. Resellers of istration (NCUA), and FTC to jointly formu- cause they contain a goldmine of personal fi- credit reports must reconvey any alert they late various red flag guidelines to help finan- nancial information about individuals. In receive from a consumer reporting agency. cial institutions and creditors identify pat- educating the public about how to avoid be- Agencies other than those described in sec- terns, practices and specific forms of activ- coming a victim of identity theft, the FTC tion 603(p) must communicate to the con- ity that indicate the possible existence of and the federal banking regulators should in- sumer how to contact the Commission and identity theft. These agencies also must pre- form consumers about the risks associated the appropriate agencies. scribe regulations creating uniform national with having an ‘always on’ Internet connec- The national standard creates 3 types of standards for the entities they supervise re- tion not secured by a firewall, not protecting alerts. A consumer with a good faith sus- quiring the entities to establish and adhere against viruses or other malicious codes, picion that he or she has been or is about to to reasonable policies and procedures for im- using peer-to-peer file trading software that be a victim of identity theft or other fraud plementing the guidelines. The policies and might expose diverse contents of their hard may request an initial alert. The initial alert procedures established under this section are drives without their knowledge, or failing to must be placed in the consumer’s file for 90 not to be inconsistent with the policies and use safe computing practices in general. days and the consumer may request one free procedures required by section 326 of the The section further includes a provision credit report within 12 months. If the con- USA PATRIOT Act, particularly with re- creating an obligation to make certain sumer has an appropriate identity theft respect to the identification of new and pro- records of identity theft victims more avail- port (typically a police report) alleging that spective customers. In issuing regulations able to those victims and law enforcement. a transaction was the result of fraud by an- and guidelines under this Act, the Federal This section requires businesses that enter other person using the consumer’s identity, agencies are expected to take into account into a commercial transaction for consider- then the consumer may alternatively re- the limited personnel and resources avail- ation with a person who allegedly has made quest an extended alert. The agency must able to smaller institutions and craft such unauthorized use of a victim’s identification place the extended alert in the consumer’s regulations and guidelines in a manner that to provide a copy of the application and busi- file for 7 years, inform the consumer of the does not unduly burden these smaller insti- ness transaction records evidencing the right to 2 free credit reports within 12 tutions. transaction under the businesses’ control months, exclude the consumer’s name from The red flag regulations shall include re- within 30 days of the victim’s request. The lists used to make prescreened offers of cred- quiring issuers of credit cards and debit records are to be provided directly to the vic- it or insurance for 5 years, and include in the cards who receive a consumer request for an tim or to a law enforcement agency author- file the consumer’s telephone number (or an- additional or replacement card for an exist- ized by the victim to receive the records. The other reasonable contact method designated ing account within a short period of time business can require proof of the identity of by the consumer). An active duty member of after receiving notification of a change of the victim and proof of the claim of identity the military may alternatively request an address for the same account to follow rea- theft, including a police report and an affi- active duty alert, which does not imply the sonable policies and procedures to ensure davit of identity theft developed by the FTC immediate threat of identity theft, but as a that the additional or replacement card is or otherwise acceptable to the business. A preventative measure, a nationwide con- not issued to an identity thief. Specifically, business may decline to provide the records sumer reporting agency must respond to before issuing a new or replacement card the if in good faith it determines that this sec- such a request by placing an active duty issuer must either notify the cardholder of tion does not require it to; it does not have alert in the member’s file for one year and the request at the cardholder’s former ad- a high degree of confidence it knows the true exclude the member from lists used to make dress and provide a means of promptly re- identity of the requester; the request is prescreened offers of credit or insurance for porting an incorrect address change; notify based on a relevant misrepresentation of 2 years. the cardholder of the request in a manner fact; or the information is navigational data Users of consumer reports that contain an that the card issuer and the cardholder pre- or similar information about a person’s visit alert cannot establish a new credit plan or viously agreed to; or otherwise assess the va- to a website or online service. The business provide certain other types of credit in the lidity of the cardholder’s change of address is not required under this section to retain name of a consumer, issue additional cards in accordance with reasonable policies and any records (the obligation only applies to at the request of a consumer on an existing procedures established by the card issuer applications and transaction records that credit account, or grant an increase in a pursuant to the ‘‘red flag’’ guidelines appli- the business already is retaining under its credit limit requested by the consumer on an cable to the card issuer. otherwise applicable record retention pol- existing credit account, without utilizing The Federal banking agencies, the NCUA icy), nor is it required to provide records reasonable policies and procedures to form a and the FTC also are directed to consider that do not exist or are not reasonably avail- reasonable belief of the requester’s identity. whether to include in the red flag guidelines able (such as those that are not easily re- In the case of an initial or active duty alert, instructions for institutions to follow when a trieved, in contrast to records such as peri- if the requester has specified a telephone transaction occurs on a credit or deposit ac- odic statements listing transactions made on number to be used for identity verification, count that has been inactive for more than 2 a credit or deposit account that are easily

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.172 E09PT1 E2514 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 retrieved). Businesses are also not required third party on whose behalf they are col- In addition, the FTC is directed to prepare to produce records not within their direct lecting the debt that the information may be a model summary of the rights of consumers control. the result of identity theft or fraud. The debt under the FCRA, including: the right to ob- Section 152. Blocking of information relating to collector must also then, upon the request of tain a free consumer report annually and the identity theft the consumer to whom the debt purportedly method of doing so, the right to dispute in- This section provides that a consumer re- relates, provide the consumer with all the information in the consumer’s credit file, and porting agency must block information iden- formation that the consumer would be enti- the right to obtain a credit score and the tified as resulting from identity theft within tled to receive if the information were not method of doing so. The FTC is further di- 4 business days of receiving from the con- the result of identity theft and the consumer rected to actively publicize the availability sumer appropriate proof of identity, a copy were disputing the debt under applicable law. of the summary of rights, and make the summary available to consumers promptly upon of an identity theft report, an identification Section 156. Statute of limitations request. of the fraudulent information, and confirma- This section extends the statute of limitation that the transaction was not the con- tions for violations of the Fair Credit Re- Section 212. Disclosure of credit scores sumer’s. The agency must then promptly no- porting Act. The section requires claims to This section establishes a Federal standard tify the furnishers of the information identi- be brought within 2 years of the discovery of governing the provision of credit scores to fied that the information may have resulted the violation (instead of the original stand- consumers. Consumer reporting agencies are from identity theft, that an identity theft ard of 2 years after the date on which the required to make available to consumers report has been filed, that a block on report- violation occurred), but with an outside re- upon request (for a reasonable fee that the ing the information has been requested, and striction that all claims must be brought FTC shall prescribe) the consumer’s current the effective date of the block. within 5 years of when the violation oc- or most recently calculated credit score, as Section 153. Coordination of identity theft com- curred. well as the range of scores possible, the top plaint investigations Section 157. Study on the use of technology to 4 factors that negatively affected the score, the date the score was created, and the name This section directs nationwide consumer combat identity theft This section directs the Secretary of the of the company providing the underlying file reporting agencies to develop and maintain or score. The disclosure of the top factors is procedures for referring consumer com- Treasury, in consultation with the Federal banking agencies, the FTC, and other speci- intended to be consistent with the provisions plaints of identity theft and requests for of the Equal Credit Opportunity Act (ECOA) blocks or fraud alerts to the other nation- fied public and private sector entities, to conduct a study of the use of biometrics and requiring a creditor making an adverse ac- wide agencies, and to provide the FTC with tion to disclose the principal reasons in a an annual summary of this information. other similar technologies to reduce the in- cidence of identity theft. credit score that most contributed to the ad- That summary may be a brief description of verse action. Credit scores are to be derived TITLE II—IMPROVEMENTS IN USE OF the estimated number of calls received per- from models that are widely distributed in AND CONSUMER ACCESS TO CREDIT IN- taining to identity theft, the number of connection with mortgage loans or more FORMATION fraud alerts requested, and other issues general models that assist consumers in un- which may be relevant. The FTC, in con- Section 211. Free consumer reports derstanding credit scoring, and must include sultation with the Federal banking agencies This section provides consumers with new a disclosure to the consumer stating that the and the NCUA, is directed to develop model rights to obtain an annual free consumer re- information and credit scoring model may be forms and model standards for identity theft port from each of the nationwide credit bu- different than that used by a particular lend- victims to report fraud to creditors and con- reaus (including the nationwide specialty er. sumer reporting agencies. consumer reporting agencies). With respect Credit scores do not include mortgage Section 154. Prevention of repollution of con- to agencies defined in 603(p), the free report scores or automated underwriting systems sumer reports only has to be provided if the consumer that consider factors other than credit infor- This section creates a national standard makes the request through the centralized mation, such as loan to value ratio. Con- governing the duties of furnishers to block source system established for such purpose. sumer reporting agencies that do not dis- refurnishing information that is allegedly The centralized source shall be established tribute credit scores in connection with resi- the result of identity theft. Specifically, in accordance with regulations prescribed by dential mortgage lending or develop scores companies that furnish information to a con- the FTC in a manner to ensure that the con- in connection with assisting credit providers sumer reporting agency are required to es- sumer may make a single request for the free in understanding a consumer’s general credit tablish reasonable procedures to block the reports using a standardized form for mail or behavior and predicting the future credit be- refurnishing of the information if they have Internet. With respect to the nationwide spe- havior of the consumer are not required to received a notification from the agency that cialty consumer reporting agencies (as de- develop or disclose any scores under this sec- the information furnished has been blocked fined in 603(w)), the FTC may prescribe a tion. Consumer reporting agencies that dis- because it resulted from identity theft. Simi- streamlined process for consumers to request tribute scores developed by others are not re- their free reports directly from that agency, larly, if a consumer submits an identity quired to provide further explanation of which shall include, at minimum, the estab- theft report to a company furnishing infor- them or to process related disputes, other lishment of a toll-free telephone number by mation to a consumer reporting agency and than by providing the consumer with contact each agency, and shall take into account the states that the information resulted from information regarding the person who devel- costs and benefits to each agency of how re- oped the score or its methodology, unless the identity theft, the furnisher may not furnish quests may be fulfilled and the efficacy of agency has further developed or modified the the information to any consumer reporting staggering the availability of requests to re- score itself. Consumer reporting agencies are agency, unless the furnisher subsequently duce surges in demand. not required to maintain credit scores in knows or is informed by the consumer that The nationwide consumer reporting agen- their files. the information is correct. cies must provide the report to the consumer If a consumer applies for a mortgage loan, The section also restricts the sale or trans- within 15 days. Any disputes raised by a con- and the mortgage lender uses a credit score fer of debt caused by identity theft. This pro- sumer who receives a free report under this in connection with an application by the vision applies to any entity collecting a debt section must be reinvestigated within 45 consumer for a closed end loan or establish- after the date it is appropriately notified days after the consumer raises the dispute, ment of an open end consumer loan secured that the debt has resulted from an identity which is a 15-day increase over the 30-day re- by 1 to 4 units of residential real property, theft. The entity is then prohibited from investigation time frame that would other- then the mortgage lender is required to pro- selling, transferring, or placing for collec- wise apply. The new right to free reports vide the consumer with a free copy of the tion the debt that is identity theft-related. shall not apply to any agency that has not consumer’s credit score. In addition, the The prohibition does not apply to the repur- been furnishing consumer reports to third lender must provide a copy of the informa- chase of a debt where the assignee of the parties on a continuing basis for the 12 tion on the range of scores possible, the top debt requires such repurchase because the months previous to a request. This exclusion 4 negative key factors used, the date the debt results from identity theft; the is intended to allow credit bureaus that have score was created, and the name of the com- securitization of debt (public or private) or just begun to fully operate on a nationwide pany providing the underlying file or score, the pledge of a portfolio of debt as collateral basis (as defined in section 603(p) and (w)) a to the extent that the information is ob- in connection with a borrowing; or the trans- window of time to ramp up for at least 12 tained from a consumer reporting agency or fer of debt as a result of a merger, acquisi- straight months before being subjected to developed and used by the lender. A lender is tion, purchase and assumption transaction the costs of complying with free requests not required to provide a proprietary credit or transfer of substantially all of the assets under this section. The FTC is directed to score, but instead may provide a widely dis- of an entity. prescribe regulations preventing consumer tributed credit score for the consumer to- Section 155. Notice by debt collectors with re- reporting agencies from avoiding being gether with the relevant explanatory infor- spect to fraudulent information treated as an agency defined in section 603(p) mation regarding the consumer’s credit This section requires third-party debt col- by manipulating their corporate structure or score. Beyond the information provided to lectors who are notified that the debts they consumer records in a manner that allows the lender by a third party score provider, are attempting to collect may be the result them to operate with essentially identical the lender is only required to provide a no- of identity theft or other fraud to notify the activities but for a technical difference. tice to the home loan applicant. This notice

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.175 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2515 includes the contact information of each scores in an insurance activity are similarly out or requests a different mutually agree- agency providing the credit score used, and not preempted by the requirements of those able period. After the expiration of the five- provides specific language to be disclosed to specific provisions. State laws governing the year period, the consumer must receive an- educate consumers about the use and mean- frequency of credit report disclosures are other notice and similar opt-out opportunity ing of their credit scores and how to ensure also preempted, except for certain specific before the affiliate can send another covered their accuracy. grandfathered laws. marketing solicitation to the consumer. A mortgage lender that uses an automated Section 213. Enhanced disclosure of the means There are a number of exceptions to the underwriting system to underwrite a loan or available to opt out of prescreened lists limitations on the use of affiliate information for marketing solicitations, where no- otherwise obtains a credit score from some- This section relates to the disclosure that tice and opt out are not required. For exam- one other than a consumer reporting agency has to be provided in connection with a ple, the notice and opt-out do not apply to may satisfy their obligation to provide the prescreened offer of credit or insurance using an entity using affiliate information to consumer with a credit score by disclosing a a consumer’s credit report. This section pro- credit score and associated key factors sup- make a marketing solicitation to a con- vides that the disclosure must include the sumer if the entity already has a pre-exist- plied by a consumer reporting agency. How- address and toll-free number for the con- ever, if the lender uses a numerical credit ing business relationship with that consumer to request exclusion from certain sumer. An entity that has a pre-existing score generated by an automated under- prescreened lists and must be presented in a writing system used by the Federal National business relationship with the consumer can format, type size, and manner that is simple send a marketing solicitation to that con- Mortgage Association or the Federal Home and easy for reasonable consumers to under- Loan Mortgage Corporation or their affili- sumer on its own behalf or on behalf of an- stand. The FTC, in consultation with the other affiliate. For the purposes of deter- ates, and the score is disclosed to the lender, Federal banking agencies and the NCUA, then that score must be disclosed by the mining a pre-existing business relationship, shall establish regulatory guidance con- an entity and the entity’s licensed agent lender to the consumer. cerning the format of the disclosure within Mortgage lenders are not required by this (such as an insurance or securities agent or one year of enactment. The length of time a section to explain the credit score and the broker) are treated as a single entity, with consumer can request to be excluded from related copy of information provided to the the pre-existing business relationships of one lists for prescreened solicitations is in- consumer, to disclose any information other imputed to the other. creased by this section from 2 years to 5 A pre-existing business relationship exists than the credit score or negative key factor, years. The FTC is directed to publicize on its between an entity and a consumer when, disclose any credit score or related informa- website how consumers can opt-out of within the previous 18 months, the consumer tion obtained by the lender after a loan has prescreened offers (including through the has purchased, rented, or leased goods or closed, provide more than 1 disclosure per telephone number now required) and under- services from the entity, or where some loan transaction, or provide an additional take additional measures to increase public other continuing relationship exists between score disclosure when another person has al- awareness of this right. The Federal Reserve the consumer and the entity—for example ready made the disclosure to the consumer Board is directed to study and report to Con- where a financial transaction has been made for that loan transaction. with respect to the consumer, where the con- The only obligation for a mortgage lender gress on the ability of consumers to opt out of receiving unsolicited written offers of sumer has an active account (such as an un- providing a credit score under this section is expired credit card), or where the consumer to provide a copy of the information used credit or insurance and the impact further restrictions on these offers would have on has an in-force policy or contract. The term and received from the consumer reporting ‘‘active account’’ is intended to include any agency. A mortgage lender is not liable for consumers. Section 214. Affiliate sharing account where continuing legal obligations the content of that information or the omis- are in-force (such as a multi-year certificate sion of any information in the report pro- This section adds a new Section 624 to the of deposit) or for which a consumer regularly vided by the agency. This section and the re- FCRA creating a uniform national standard or periodically receives statements (even if quirement for mortgage lenders to provide for regulating the use and exchange of infor- there have been no recent transactions) such credit scores do not apply to the Federal Na- mation by affiliated entities. While affiliates as a securities brokerage, bank, or variable tional Mortgage Association or the Federal are allowed to share information without annuity account. A pre-existing business re- Home Loan Mortgage Corporation or their limitation, they may not use certain shared lationship also exists when the consumer affiliates. information to make certain marketing so- makes an inquiry or application regarding Any provision in a contract prohibiting the licitations without the consumer receiving a the entity’s products or services during the disclosure of credit scores by a person who notice and an option to opt-out of receiving three-month period immediately preceding makes or arranges loans or a consumer re- those solicitations. Specifically, an entity the date on which the consumer is sent a so- porting agency is void, and a lender will not that receives certain consumer report or ex- licitation. The financial functional regu- have liability under any contractual provi- perience information from an affiliate that lators and the FTC are allowed to create fur- sion for disclosure of a credit score pursuant would be a ‘‘consumer report’’ except for the ther categories of pre-existing business rela- to this section. FCRA’s affiliate sharing exceptions may not tionships, which is in part intended to build This section also amends section 605 of the use that information to make a marketing upon the extensive recognition of customer FCRA to provide that if a consumer report- solicitation to the consumer about the prod- relationships in existing regulations and ing agency furnishes a consumer report that ucts or services of that entity, unless it is guidance issued by the regulators under the contains any credit score or other risk score clearly and conspicuously disclosed to the Gramm-Leach-Bliley Act. or other predictor, the report must include a consumer that information shared among af- In addition to the pre-existing relationship clear and conspicuous statement that the filiates may be used for marketing purposes exception, the notice and opt-out require- number of enquiries was a key factor (as de- and the consumer is given an opportunity ments do not apply to a person using infor- fined in section 609(e)(2)(B)) that adversely and simple method to opt out of those mar- mation to facilitate communications with an affected a credit score or other risk score or keting solicitations. The notice must allow individual for whose benefit the person pro- predictor if that predictor was in fact one of the consumer to prohibit those types of mar- vides employee benefit or other services pur- the key factors that most adversely affected keting solicitations based on that affiliate’s suant to a contract with an employer related a credit score. This statement will be made information, but also may allow the con- to and arising out of the current employ- in those instances in which the number of sumer to choose from different options when ment relationship of the individual partici- enquiries had an influence on the consumer’s opting out. pant or beneficiary of an employee benefit credit score, and it will thus alert a user of The opt-out notice may be provided to the plan. The requirements also do not apply to the consumer report when the number of consumer together with disclosures required the use of affiliate information to perform enquiries has had an adverse effect on the by any other provision of law, such as the services on behalf of an affiliate, unless the consumer’s credit score. Gramm-Leach-Bliley Act or other informa- affiliate could not send the solicitation itself This section’s technical and conforming tion sharing notices required under FCRA. because of a consumer opt out. Thus, an af- amendments clarify the application of cer- This provision (as well as a parallel coordi- filiate cannot act as a servicer for another tain Federal standards. State laws are pre- nation and consolidation provision in the affiliate and send out solicitations for its empted with respect to any disclosures re- rulemaking directions to the regulators) is own products or services to a consumer who quired to be made as a result of various pro- intended to allow an entity to time its no- has opted out of receiving such solicitations. visions of the FACT Act, including the sum- tice to a consumer (after the effective date However, an entity can send a marketing so- mary of rights to obtain and dispute infor- of the regulations) in the next regularly licitation on behalf of an affiliate that has a mation in consumer reports and to obtain scheduled mailing to that consumer of other pre-existing business relationship with the credit scores, the summary of rights of iden- legally required notices. This coordination consumer regarding the products or services tity theft victims, providing information to and consolidation is intended to reduce con- of that affiliate or another affiliate. Further- victims of identity theft, and providing cred- sumer confusion and avoid duplicative no- more, the notice and opt-out do not apply to it score and mortgage score disclosures tices and disclosures. a person using information in response to a under this section, except for certain State The consumer’s election to opt out is effec- communication initiated by the consumer, laws governing credit score disclosures that tive for at least five years, beginning on the to a consumer request about a product or are grandfathered. State laws that regulate date the person receives the consumer’s elec- service, or to solicitations authorized or re- the disclosure of credit-based insurance tion, unless the consumer revokes the opt quested by the consumer. Additionally, the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.178 E09PT1 E2516 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 notice and opt-out are not required where mation from a consumer report. Nothing in In addition, this section modifies the they would conflict with any provision of the section, however, precludes a creditor standard in the FCRA regarding the duty of State insurance law related to unfair dis- from providing such a notice to all of its new furnishers to provide accurate information. crimination. This last exception is in part credit customers, such as in a loan approval The FCRA prohibits furnishers from report- intended to enable insurers and agents to letter or other communication that the cred- ing information with knowledge that it is continue full compliance nationwide with it has been granted. Such a notice is not re- not accurate. The standard in section State laws prohibiting insurers from dis- quired, however, if the consumer applied for 623(a)(1) of the FCRA, ‘‘knows or consciously criminating against similar risks or placing specific material terms and was granted avoids knowing that the information is inac- similar risks in different rating programs, those terms and those terms are not changed curate,’’ is amended to ‘‘knows or has rea- laws that provide for ‘‘mutual exclusivity’’, after the consumer responds to the credit sonable cause to believe that the informa- and ‘‘best rate’’ laws that may require insur- offer. Also, such a notice is not required if tion is inaccurate.’’ This section defines the ers to provide customers with the best quali- the person has provided or will provide an new standard, ‘‘knows or has reasonable fied rates from among their affiliated enti- adverse action notice pursuant to section cause to believe that the information is inac- ties. 615(a) of the FCRA in connection with an ap- curate,’’ to mean ‘‘having specific knowl- These provisions governing the exchange plication that is declined. In addition, the edge, other than solely allegations by the and use of information among affiliates do creditor is provided with flexibility in the consumer, that would cause a reasonable not apply to information used to make mar- timing of providing such notice, which can person to have substantial doubts about the keting solicitations if that information was be given to the consumer at the time of ap- accuracy of the information.’’ This section also enables a consumer to shared into a common database or received plication for credit or, at communication of dispute the accuracy of the information fur- by any individual affiliate before the effec- loan approval, except where the regulations nished to a nationwide consumer reporting tive date of the regulations implementing issued under this section specifically require agency directly with a furnisher under cer- this section. Furthermore, the section makes otherwise. The notice is intended to be a concise no- tain circumstances. Specifically, the Federal clear that any State law that relates to the banking agencies, the NCUA and the FTC are exchange and use of information to make a tice that includes: a statement that the terms offered are based on information from required to jointly prescribe regulations that solicitation for marketing purposes is pre- identify the circumstances under which a empted. a consumer report; the name of a consumer reporting agency used by the creditor; a furnisher is required to reinvestigate a dis- The Federal banking agencies, the NCUA, pute concerning the accuracy of information the Securities and Exchange Commission statement that the consumer may receive a free consumer report from that consumer re- contained in a consumer report, based on the (SEC), and the FTC are directed to prescribe consumer’s request submitted directly to the regulations to implement this new section. porting agency; and the consumer reporting agency’s contact information for obtaining a furnisher, rather than through the consumer To the extent that the section is applicable reporting agency. While the section author- to insurers, it is intended that any enforce- free credit report. The creditor is not required to tell the consumer that it has taken izes a consumer to submit a dispute directly ment of FCRA would continue to be per- to a furnisher, it is not to be used by credit formed by the State insurance departments. or may take any unfavorable action, only that it used or will use credit reporting in- repair clinics to submit disputes on behalf of The Federal agencies also must jointly con- one or more consumers. duct regular studies of the information shar- formation in the underwriting process. The FTC and FRB are directed to jointly In developing the regulations required by ing practices of affiliates of financial institu- prescribe rules to carry out this section. The this section, the regulators are directed to tions and other persons who are creditors or weigh the benefits to consumers against the rules are to address the form, content, time users of consumer reports to examine how costs on furnishers and the credit reporting and manner of delivery of the notice; the system; the impact on the overall accuracy that information is used to make credit un- meaning of the terms used in the section; ex- and integrity of consumer reports of requir- derwriting decisions regarding consumers. ceptions to the notice requirement; and a Finally, the section includes a technical ing furnishers to reinvestigate disputes model notice. The section provides creditors and conforming amendment to Section brought directly by consumers; whether di- with a safe harbor if they maintain reason- rect contact by the consumer with the fur- 603(d)(2)(A) of the FCRA. This amendment is able policies and procedures for compliance, nisher would likely result in the most expe- simply intended to integrate the new Section and the section is only subject to adminis- ditious resolution of any such dispute; and 624 into the FCRA and does not affect the trative enforcement by the appropriate Fed- definition of a ‘‘consumer report.’’ the potential impact on the credit reporting eral agencies. system if credit repair organizations are able Section 215. Study of the effects of credit scores This section also adds a national uni- to circumvent the prohibition on their sub- and credit-based insurance scores on avail- formity provision prohibiting any State from mission of disputes on behalf of one or more ability and affordability of financial prod- imposing a requirement or prohibition relat- consumers, ucts. ing to the duties of users of consumer re- A consumer who seeks to dispute the accu- Section 215 requires the FTC and the Board ports to provide notice with respect to cer- racy of information directly with a furnisher to study the use of credit scores and credit- tain credit transactions. must: provide a dispute notice directly to based insurance scores on the availability Section 312. Procedures to enhance the accuracy such person at the mailing address specified and affordability of financial products. and integrity of information furnished to by the person; identify the specific informa- Section 216. Disposal of consumer credit infor- consumer reporting agencies tion disputed; explain the basis for the dis- mation This section directs the Federal banking pute; and include all supporting documenta- Section 216 directs the Federal banking agencies, the NCUA and the FTC, with re- tion required by the furnisher to substan- agencies, the NCUA, the SEC and the FTC to spect to entities subject to their respective tiate the basis of the dispute. Upon receipt of issue regulations requiring the appropriate enforcement authority and in consultation a consumer’s notice of dispute, the furnisher classes of persons that maintain or possess and coordination with one another, to estab- has specified responsibilities. The furnisher consumer information ‘‘derived’’ from credit lish and maintain guidelines for use by fur- must: conduct an investigation of the dis- reports to properly dispose of such records. nishers to enhance the accuracy and integ- puted information; review all relevant infor- The provision clarifies that it does not apply rity of the information they furnish to con- mation provided by the consumer with the to other types of information (other than sumer reporting agencies. ‘‘Accuracy and in- notice; and complete the investigation and consumer report information) and does not tegrity’’ was selected as the relevant stand- report the results to the consumer before the impose an obligation to maintain or destroy ard, rather than ‘‘accuracy and complete- expiration of the period under section any information that is not imposed under ness’’ as used in sections 313 and 319, to focus 611(a)(1) ‘‘within which a consumer reporting other laws. The provision does not alter or on the quality of the information furnished agency would be required to complete its ac- affect any such requirement, either. rather than the completeness of the information if the consumer had elected to dispute tion furnished. The agencies also are di- the information under that section.’’ Accord- TITLE III—ENHANCING THE ACCURACY rected to prescribe regulations requiring fur- ingly, for example, where the agency would OF CONSUMER REPORT INFORMATION nishers to establish reasonable policies and have 30 days to complete the investigation of Section 311. Risk-based pricing notice procedures for implementing the new guide- disputes regarding a consumer report ob- This section establishes a new notice re- lines. In developing the guidelines, the agen- tained by the consumer following receipt of quirement for creditors that use consumer cies are instructed to: identify patterns, an adverse action notice, the furnisher would report information in connection with a practices and specific forms of activity that have 30 days as well. Similarly, where the risk-based credit underwriting process for can compromise the accuracy and integrity consumer reporting agency has 45 days to new credit customers. If a creditor grants of the information furnished; review the complete a reinvestigation of a consumer credit to a new credit customer ‘‘on material methods used to furnish information; deter- dispute because the consumer has requested terms that are materially less favorable than mine whether furnishers maintain and en- a consumer report through the centralized the most favorable terms available to a sub- force policies to assure the accuracy and in- system under section 612, a furnisher also stantial proportion of [the creditor’s other tegrity of information furnished to consumer would have the 45 days to complete an inves- new] consumers’’ based on information from reporting agencies; and examine the policies tigation if the consumer has requested a con- a consumer report, the creditor must give and processes that furnishers employ to consumer report through the centralized system the consumer a notice stating that the terms duct investigations and correct inaccurate and then disputed information on that con- offered to the consumer are based on infor- information. sumer report directly with the furnisher. In

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.181 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2517 addition, if the investigation finds that the dures and time frames for the prompt inves- Section 318. FTC study of issues relating to the information reported was inaccurate, the tigation and correction of disputed informa- Fair Credit Reporting Act furnisher must promptly notify each con- tion in a consumer’s credit file. This section requires the FTC to study and sumer reporting agency to which informa- Section 314. Improved disclosure of the results of report to Congress within one of the date of tion was furnished and provide the agency reinvestigation enactment of the FACT Act on ways to im- with any correction necessary to make the prove the operation of the FCRA. The FTC is information accurate. This section amends sections 611 and 623 of directed to study and report on: the efficacy The furnisher requirements do not apply if the FCRA to require consumer reporting of increasing the number of points of identi- the person receiving a notice of a dispute di- agencies to promptly delete information fying information that a credit reporting rectly from a consumer reasonably deter- from a consumer’s file, or modify that item agency must match before releasing a con- mines that the dispute is frivolous or irrele- of information as appropriate, if the infor- sumer report; the extent to which requiring vant. Upon making such a determination, mation is found to be inaccurate, and to additional points of identifying information the person must notify the consumer of this promptly notify the furnisher of that infor- to match would enhance the accuracy of determination within five business days mation that the information has been modi- credit reports and combat the provision of after making the determination, by mail, or fied or deleted from the consumer’s file. In incorrect consumer reports to users; the ex- if authorized by the consumer for that pur- addition, this section requires that fur- tent to which requiring an exact match of pose, by any other means available to the nishers, upon completion of a reinvestiga- first and last name, social security number person. The notice provided to the consumer tion, if the information is found to be inac- and address and ZIP Code of the consumer must include the reasons for the determina- curate or incomplete or cannot be verified, would enhance the likelihood of increasing tion, and identification of any information must, for purposes of subsequently reporting the accuracy of credit reports; and the ef- required to investigate the disputed informa- to a consumer reporting agency, modify the fects of allowing consumer reporting agen- tion, which may consist of a standardized item of information, delete the information, cies to use partial matches of social security form describing the general nature of the in- or block the reporting of the information. numbers and name recognition software. The formation. Section 315. Reconciling addresses FTC also must report on the impact of pro- This section also amends section 623(a)(5) This section amends section 605 of the viding independent notification to con- of the FCRA to provide that a person that sumers when negative information is in- furnishes information to a consumer report- FCRA to require a nationwide consumer reporting agency under section 603(p), when it cluded in their credit reports, and to con- ing agency regarding a delinquent account sider the effects of requiring that consumers may rely upon the date provided by the enti- provides a consumer report, to inform the user requesting that report if the request re- who experience adverse actions receive a ty to whom the account was owed at the copy of the same credit report used by the time that the delinquency occurred, so long ceived from the user includes an address for the consumer that substantially differs from creditor in taking the adverse action. Fi- as a consumer has not disputed such infor- nally, the FTC is to study and report on mation. the addresses in the file of the consumer. The Federal banking agencies, the NCUA and common financial transactions not generally Section 623 of the FCRA also is amended to reported to consumer reporting agencies clarify liability and enforcement under the the FTC are directed to prescribe regulations regarding reasonable policies and procedures that may bear on creditworthiness, and pos- FCRA. Specifically, the new requirements sible actions to encourage the reporting of imposed upon furnishers of information are that users of consumer reports within the agencies’ respective enforcement jurisdiction such transactions within a voluntary sys- subject to administrative enforcement, not tem. private rights of action. Section 623 is should employ when they receive notice of amended by providing that ‘‘Except as pro- an address discrepancy. These regulations Section 319. FTC study of the accuracy of con- vided in section 621(c)(1)(B), sections 616 and are to describe reasonable policies and proce- sumer reports 617 do not apply to any violation of’’ the fur- dures that a user may employ to form a rea- This section directs the FTC to conduct an nisher responsibilities under section 623(a), sonable belief that the user knows the iden- ongoing study of the accuracy and complete- the accuracy guidelines and regulations tity of the person to whom the consumer re- ness of information contained in consumer under section 623(e) and the red flag guide- port pertains and, if the user establishes a reports, and to submit interim reports and a lines and regulations and the requirements continuing relationship with the consumer, final report to Congress on its findings and dealing with the prohibition of the sale or to furnish the consumer reporting agency conclusions, together with recommendations transfer of a debt caused by identity theft with the appropriate address, as part of infor legislative and administrative action. under sections 615(e) or (f) respectively. As a formation that the user regularly furnishes TITLE IV—LIMITING THE USE AND SHAR- result, the various sections cited in section for the period in which the relationship is es- ING OF MEDICAL INFORMATION IN THE 312(e) will be subject to the administrative tablished. FINANCIAL SYSTEM enforcement mechanisms provided under the Section 316. Notice of dispute through reseller Section 411. Protection of medical information in FCRA, and such mechanisms represent the This section amends section 611 of the the financial system exclusive remedy for violations of such sec- Section 411 amends section 604 of the tions. A similar rule applies to any other FCRA to require consumer reporting agencies to reinvestigate consumer disputes for- FCRA to generally prohibit a consumer re- section of the legislation that limits enforce- porting agency from providing credit reports ment remedies to those administrative rem- warded to them by resellers of consumer reports. Furthermore, if a reseller receives no- that contain medical information for em- edies set forth under the FCRA, including ployment purposes or in connection with a section 151, which adds a new section 609(e) tice from a consumer of a dispute concerning the accuracy or completeness of any item of credit or insurance transaction (including relating to assistance to identity theft vic- annuities). Medical information may be in- tims. information contained in a consumer report, the reseller must, within five business days cluded in a report as part of an insurance Section 313. FTC and consumer reporting agen- and free of charge, determine the accuracy transaction only with the consumer’s affirm- cy action concerning complaints or completeness of the information in ques- ative consent. Medical information may be This section directs the FTC to compile a tion and either correct or delete it, if it is included in a report for employment or cred- record of complaints against nationwide con- the reseller’s error, within 20 days after reit purposes only where the information is sumer reporting agencies. If a complaint is ceiving the notice, or convey the notice of relevant for purposes of processing or ap- received by the FTC about the accuracy or dispute with any relevant information to proving employment or credit requested by completeness of information maintained by each consumer reporting agency that pro- the consumer and the consumer has provided a consumer reporting agency, the FTC must vided the information that is the subject of specific written consent, or if the informa- transmit the complaint to the consumer re- the dispute, if the error is not the reseller’s. tion meets certain specific requirements and porting agency for response. Each nation- In the latter circumstance, the consumer re- is restricted or reported using codes that do wide consumer reporting agency under sec- porting agency must report the results of its not identify or infer the specific provider or tion 603(p) that receives a complaint from reinvestigation to the reseller that conveyed nature of the services, products, or devices the FTC must: review the complaint to de- the notice, and the reseller must then re- to anyone other than the consumer. termine if the agency has met all legal obli- convey the notice to the consumer imme- In general, creditors are prohibited from gations imposed under the FCRA; report to diately. obtaining or using medical information in the FTC the determinations and actions connection with any determination of a con- taken by the agency with respect to the sumer’s eligibility for credit. Certain excep- complaint; and maintain, for a reasonable Section 317. Reasonable reinvestigation required tions are provided where authorized by Fed- time, records regarding the disposition of This section amends section 611 of the eral law, for insurance activities (including such complaint in a manner sufficient to FCRA to provide that when a consumer dis- annuities), and where determined to be nec- demonstrate compliance with the FCRA. putes the accuracy of information contained essary and appropriate by a regulation or In addition, the FTC and the Board are di- in a consumer report, the consumer report- order of the FTC or a financial regulator (in- rected to study and report jointly on the per- ing agency that prepared the report must cluding the State insurance authorities). formance of consumer reporting agencies conduct a reasonable investigation free of Any person who receives medical informa- and furnishers of credit reporting informa- charge to determine whether the disputed in- tion through any of the exceptions of this tion in complying with the FCRA’s proce- formation is inaccurate. section is prohibited from further disclosure

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.184 E09PT1 E2518 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 of the information to any other person, ex- Secretary of the Treasury as the Chair- tions of the Financial Literacy and Edu- cept as necessary to carry out the purpose person. The section sets forth the member- cation Commission, to develop, in consulta- for which it was originally disclosed or as ship of the Commission to include federal tion with nonprofit, public, or private orga- otherwise permitted by law. The Federal agencies with significant financial literacy nizations, a pilot national public service banking agencies and the NCUA are directed programs, and authorizes the President to multimedia campaign to enhance the state to prescribe regulations that are necessary designate up to five additional members. The of financial literacy and education in the and appropriate to protect legitimate busi- Commission is required to meet at least once U.S. The campaign is required to be con- ness needs with respect to the use of medical every four months and all such meetings sistent with the national strategy developed information in the credit granting process, shall be open to the public. The initial meet- pursuant to section 514, and to promote the including allowing appropriate sharing for ing shall take place not later than 60 days toll-free telephone and the website required verifying certain transactions as well as for after the date of enactment of the FACT Act. by that section. debt cancellation contracts, debt suspension Section 514. Duties of the Commission The Secretary shall develop measures to agreements, and credit insurance that are evaluate the performance of the public serv- This section sets forth the duties of the generally not intended to be restricted by ice campaign for each fiscal year for which Commission to, among other things, review this provision. there are appropriations, and shall submit a financial literacy and education efforts This section further amends section 603(d) report to the Committee on Banking, Hous- throughout the federal government; to iden- of the FCRA to restrict the disclosure among ing, and Urban Affairs and the Committee on tify and eliminate duplicative federal finan- affiliates of consumer reports that are med- Appropriations of the Senate and the Com- cial literacy efforts; to coordinate the pro- ical information except as provided in the mittee on Financial Services and the Com- motion of federal financial literacy efforts exceptions above. Specifically, the exclu- mittee on Appropriations of the House of including outreach between federal, state sions from the term ‘‘consumer report’’ in Representatives, describing the status and and local governments, non-profit organiza- section 603(d)(2) (e.g., sharing among affili- implementation of the provisions of this sections and private enterprises; to increase ates of transaction and experience information and the state of financial literacy and awareness and improve development and dis- tion) do not apply if the information is med- education in the United States. Appropria- tribution of multilingual financial literacy ical information, an individualized list or de- tions of $3 million are authorized for fiscal and education materials; to improve finan- scription based specifically on the payment years 2004, 2005, and 2006, for the develop- cial literacy and education through all other transactions of the consumer for medical ment, production, and distribution of the related skills, including personal finance and products and services, or an aggregate list of pilot national public service multimedia related economic education; to develop and consumers identified based on their payment campaign. implement within 18 months a national transactions for medical products or serv- strategy to promote financial literacy and Section 519. Authorization of appropriations ices. The section also creates a new defini- education among all Americans; and to issue This section authorizes appropriations to tion for the term ‘‘medical information’’, de- a report, the Strategy for Assuring Financial the Commission of such sums as may be nec- fining it as information derived through a Empowerment (‘‘SAFE Strategy’’), to Con- essary to carry out this title, including ad- health care provider with respect to an indi- gress within the first 18 months of the Com- ministrative expenses. vidual consumer relating to the individual’s mission’s first meeting and annually there- TITLE VI—PROTECTING EMPLOYEE past, present, or future physical, mental, or after, on the progress of the Commission in MISCONDUCT INVESTIGATIONS behavioral health, the provision of health carrying out this title. The Commission also care to the individual, or the payment for Section 611. Certain employee investigation com- shall establish a website and a toll-free num- the provision of health care to the indi- munications excluded from definition of ber as a one-stop-shop for all federal finan- vidual. The definition specifically excludes consumer report cial literacy programs. The Commission’s information that is age, gender, demographic This title amends section 603 of the FCRA Chairperson is required to provide annual information (including addresses), or other to provide that communications to an em- testimony to the relevant congressional information unrelated to the individual con- ployer by an outside third party retained to committees. sumer’s physical, mental, or behavioral investigate suspected workplace misconduct health. Section 515. Powers of the Commission or compliance with legal requirements or with the employer’s preexisting written poli- Section 412. Confidentiality of medical contact This section authorizes the Commission to cies do not constitute a ‘‘consumer report’’ information in consumer reports hold hearings and receive testimony as necessary to carry out the title; to receive infor- for purposes of the FCRA. This provision is Section 412 requires furnishers whose pri- mation directly from any Federal depart- intended to address the ill effects of certain mary business is providing medical services, ment or agency; to undertake periodic stud- regulatory guidance issued by the FTC staff products, or devices to notify the consumer ies regarding the state of financial literacy; in 1999 that had the unintended consequence reporting agencies of their status as a med- and to take any action to develop and proof deterring employers from using outside ical information furnisher for purposes of mote financial literacy and education mate- firms to investigate alleged employee mis- compliance with the medical information rials in languages other than English, as the conduct, including racial discrimination and coding requirements. Once an entity notifies Commission deems appropriate. sexual harassment claims. Employers that a consumer reporting agency of its status as Section 516. Commission personnel matters take an adverse action based on the commu- a medical information furnisher, the agency nication by the outside investigative agency, may not include in a consumer report the This section provides that members of the however, continue to be required to disclose furnisher’s name, address, or telephone num- Commission shall serve without compensa- to the employee a summary of the nature ber unless that contact information is en- tion in addition to that received for their and substance of the communication, al- coded in a manner that does not identify or primary duties, however, the Commission though certain sources of information are infer to anyone other than the consumer the may pay for travel expenses of members for protected from disclosure. In particular, the specific company or the nature of the med- official duties of the Commission. In addi- disclosure duty is not intended to require ical services, products, or devices provided. tion, the Director of the Office of Financial violation of any confidentiality obligations, An exception is provided for consumer re- Education of the Treasury Department shall such as confidentiality requirements regard- ports provided to insurance companies for in- provide assistance to the Commission. The ing an individual’s medical or other private surance activities (including annuities) section also permits federal employees to be information (social security number, home other than property and casualty insurance. detailed to the Commission. residence, etc.), or privileges, such as doctor- The encoding requirement for medical infor- Section 517. Studies by the Comptroller General patient, attorney-client, or state secrets. mation furnisher contact information ap- This section mandates that the General TITLE VII—RELATION TO STATE LAWS plies regardless of the dollar amounts in- Accounting Office (GAO) submit a report to Section 711. Relation to state laws volved. Congress not later than 3 years after the Section 711 eliminates the January 1, 2004 TITLE V—FINANCIAL LITERACY AND date of enactment of the FACT Act on the sunset of the uniform national consumer EDUCATION IMPROVEMENT effectiveness of the Commission, and con- protection standards contained in current duct a separate study to assess the extent of Section 511. Short title law and makes those preemptions perma- consumers’ knowledge and awareness of This section establishes the short title of nent. It also clarifies that all of the new con- credit reports, credit scores, and the dispute ‘‘Financial Literacy and Education Improve- sumer protections added by the FACT Act resolution process, and on methods for im- ment Act.’’ are intended to be uniform national stand- proving financial literacy. The GAO is re- ards, by enumerating as additional preemp- Section 512. Definitions quired to report the findings and conclusions tions the 11 new provisions of the FACT Act This section defines the terms ‘‘Chair- of this study to Congress within a year of the that do not contain specific preemptions in person’’ and ‘‘Commission’’ for purposes of date of enactment. those sections. Specifically, the section es- this title. Section 518. The national public service multi- tablishes national uniform standards and Section 513. Establishment of Financial Literacy media campaign to enhance the state of fi- preempts State law with respect to the trun- and Education Commission nancial literacy cation of credit card and debit card numbers This section establishes the Financial Lit- This section directs the Secretary of the (113), establishing fraud alerts (112), blocking eracy and Education Commission with the Treasury, after review of the recommenda- information resulting from identity theft

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.187 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2519 (152), truncating social security numbers on organizations and taking a leadership role in Coach Randy always sits at the end of the consumer reports given to consumers (115), the activities of the Brewton Lions Club. His score table, right next to the home team’s providing free annual disclosures (211) (in ad- devotion to his fellow man was unmatched, bench. On December 19th, USD 291, the dition to the preemption for disclosures provided under section 212), any consumer pro- and I do not think there will ever be a full ac- Grinnell Public School District, will honor tections addressed under the red flag guide- counting of the many people he helped over Coach Randy by dedicating the high school’s lines (114), prohibiting the transfer of debt the course of his lifetime. brand new score table to him. caused by identity theft (154), notice by debt Mr. Speaker, I ask my colleagues to join me A life-long resident of Grinnell, Coach collectors with respect to fraudulent infor- in remembering a dedicated public servant Randy has touched the lives of all who have mation (155), coordination of identity theft and long-time advocate for Escambia County, had the opportunity to know him. Although complaints by consumer reporting agencies Alabama. Judge Wiggins will be deeply born with a mental handicap, he has never let (153), duties of furnishers to prevent refur- missed by his family—his wife, Nell Wiggins, that challenge get him down. Randy has a nishing of blocked information (154), and the his daughters, Dawn Wiggins Hare, Donna smile on his face year-round, and his bright disposal of consumer report information (216). Under this new preemption provision, Wiggins Schlager, and Daphne Wiggins Mar- spirit helps to carry Grinnell sports teams no state or local jurisdiction may add to, tin, his son, Maxwell Devon Wiggins, and his through hard times and add to their joy during alter, or affect the rules established by the six grandchildren—as well as the countless the good times. statute or regulations thereunder in any of friends he leaves behind. Our thoughts and Coach Randy’s love for his community, its these areas. All of the statutory and regu- prayers are with them all at this difficult time. schools, and its youth is visible to everyone latory provisions establishing rules and re- f around him. Whether he is helping to coach, quirements governing the conduct of any officiate, lead cheers, or do all three at once, person in these specified areas are governed TRIBUTE TO ROSS FISCHER Coach Randy gives his heart and soul in sup- solely by federal law and any State action that attempts to impose requirements or porting the coaches, students, and entire com- prohibitions in these areas would be pre- HON. STEVE BUYER munity. During the playing of the national an- empted. This section also clarifies that with OF INDIANA them at any sporting event in Grinnell, Coach respect to any State laws for the prevention IN THE HOUSE OF REPRESENTATIVES Randy stands at rapt attention, singing along or mitigation of identity theft that address with every word. He is present during every Monday, December 8, 2003 conduct other than those for which a na- sports season, through summer league base- tional uniform standard is created under Mr. BUYER. Mr. Speaker, one of the most ball and softball, football and volleyball in the FCRA, those laws are not preempted to the rewarding aspects of representing Indiana’s fall, basketball in winter, and track in the extent they are not inconsistent with FCRA. Fourth District is to have the opportunity to spring. TITLE VIII—MISCELLANEOUS honor outstanding Hoosiers for his or her con- I join Grinnell, Kansas in thanking Coach Section 811. Clerical amendments tributions to the community, State, and Nation. Randy for all of his encouragement and his Section 811 makes a number of technical For over fifty years, Ross Fischer has been dedication to the community. and clerical amendments. the owner and President of McCord Auto Sup- f f ply in Monticello, Indiana. McCord is the largest distributor of flotation tires in the world—a HONORING THE LIFE OF BARBER HONORING THE MEMORY OF THE device of which Ross was instrumental in its B. CONABLE, JR. HON. DEVON WIGGINS design and development. Ross Fischer was born in 1931 and grew up HON. THOMAS M. REYNOLDS HON. JO BONNER on a farm in Cissna Park, Illinois. He attended OF NEW YORK OF ALABAMA Possum Trot, a one-room schoolhouse. IN THE HOUSE OF REPRESENTATIVES He served in the United States Army, from IN THE HOUSE OF REPRESENTATIVES Monday, December 8, 2003 Monday, December 8, 2003 1952Ð1955 as the Squad Leader in the Alas- kan Recoiless Rifle Regiment. Mr. REYNOLDS. Mr. Speaker, I rise before Mr. BONNER. Mr. Speaker, Escambia Throughout his over 40 years in Monticello, the House of Representatives today in remem- County, AL, and indeed the entire First Con- he has never forgotten his beginnings and it brance of a great man who once served in gressional District, recently lost a dear friend, shows everyday in his treatment and compas- Congress—former Representative Barber B. and I rise today to honor him and pay tribute sion of others. Ross has made enormous con- Conable, Jr. During his twenty years in Con- to his memory. tributions to the city, including providing free gress he represented both his constituents Judge Devon Wiggins was a devoted family tire repairs to the community after a 1974 tor- and this institution with grace and integrity. man and dedicated public servant throughout nado. He is a member and supporter of the Regardless of where his service led him, Bar- his entire life. Following a lengthy tenure on American Legion, the John Purdue Club, and ber always remained true to his Western New the Escambia County Commission, twelve the Monticello Jaycees and also sits on the York roots. years of which he spent as the commission Board of the White County Airport. While he distinguished himself as a Member chairman, Judge Wiggins was elected to the He and his wife Beverly are the parents of of Congress and earned the respect of col- position of Judge of Probate, a position he three daughters—Jo Anna, De Anna, Anna leagues on both sides of the aisle, Barber was held until his retirement three years ago. Lyn, as well as grandparents to seven grand- also notable for his esteemed academic ca- Throughout his professional career, he was children. reer, his professional knowledge on a wide va- dedicated to bringing better opportunities to all On the eve of his retirement from McCord, riety of issues from taxes to Social Security, the residents of Escambia County and was a as well as his 49th wedding anniversary, I sa- and his willingness to tackle any problem head tireless advocate for local business and indus- lute Ross Fischer for his dedication to family, on. Always lending a helping hand was a sig- try. He also was dedicated to making himself community and the State of Indiana. nature trait of Barber’s; he never let partisan- and other county offices as accessible as pos- f ship get in the way of progress. sible to the general public and, through his ef- Barber Conable was the best example of forts, garnered the respect and admiration of HONORING RANDY STRUCKOFF OF what a public servant ought to be. He loved many individuals in both the public and private GRINNELL, KANSAS his country, his community and his family, sectors. never straying from the strong values he was As a small business owner in Brewton, Ala- HON. JERRY MORAN raised on. His genuine sophistication as a leg- bama, Judge Wiggins was extremely familiar OF KANSAS islator came so effortlessly, revealing the com- with the challenges and goals of running a IN THE HOUSE OF REPRESENTATIVES passion and unselfishness that was a hallmark successful business and providing employ- of his public service. ment opportunities for hardworking men and Monday, December 8, 2003 In devoting his life to serving others, Barber women. It was this background and his tre- Mr. MORAN of Kansas. Mr. Speaker, I rise exemplified loyalty to his country as a veteran mendous work ethic which became hallmarks today to honor a devoted member of the of both World War II and the Korean War. of his career in public office and which marked Grinnell, Kansas community, Randy Struckoff. With a thirst for knowledge, Barber shared his his efforts on behalf of all residents of Coach Randy, as he is affectionately called, experiences when he taught at the University Escambia County. has become one of the most well known of Rochester and later went on to become Judge Wiggins was also actively involved in sports fans in Northwest Kansas. At every President of the World Bank. Though no mat- his community, participating in church-related game in the Grinnell high school gymnasium, ter what national or global stage he was on,

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.190 E09PT1 E2520 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 his commitment to the community never World Report in 2000, 2001 and 2002; and sixth the University Hospital, the Lion’s Eye Bank, waned as he joined countless local boards in the nation in 2003. the University Physicians HMO and a large and organizations over the years. We read a lot these days about cadet sur- and growing biotechnology research park veys, mostly revolving around the school’s which has become a magnet for research and As a fellow Member of Congress, Barber sexual climate or reform efforts. But in an- was the model representative we should all other survey, the National survey of Student development firms in the Rocky Mountain Re- aspire to. As a fellow Western New Yorker, I Engagement, fourth-class and first-class ca- gion. Soon the former Fitzsimmons campus strive to serve the region with the same humil- dets in 2002 ranked the school highly in will be the location of a new Denver Children’s ity and regard Barber once did. The legacy of terms of academic challenge, active and col- Hospital and a new Veterans Administration his warmth and generosity will live on in those laborative learning, student-faculty inter- Hospital, replacing the antiquated facility in who had the pleasure of knowing him. He will actions and a supportive campus environ- Denver. The Fitzsimmons campus will employ always be remembered as a true leader and ment. more than 30,000 people and generate untold During his tenure, Wagie has brought the millions in revenue. a true friend. Like the many others fortunate to academy into its own as a top-flight research call Barber Conable a friend, I will miss him The phenomenon of Fitzsimmons was not university. Funding for research has quin- the only notable development contributing to dearly. tupled since 1997, from $2.6 million to $123 the increasing dynamism of Aurora. Buckley f million this year, collaborative research work with private companies, universities Air National Guard Base became Buckley Air IN SUPPORT OF THE AIR FORCE and federal agencies has increased, and five Force Base, a new facility of the Air Force ACADEMY new research centers have been added, en- Space Command. Ongoing growth at Buckley gaging the talents of 887 faculty or staff and is likely to continue as the role of space-based 230 students. defense in our national security grows to meet HON. HENRY BONILLA And the research has real world relevance the requirements of military transformation and OF TEXAS for the Air Force and the nation. One team the war on terror. It was Mayor Tauer who IN THE HOUSE OF REPRESENTATIVES of academy researchers solved a battery worked actively with the Air Force to make the problem plaguing the unmanned serial vehi- Monday, December 8, 2003 cles playing such an important role in the new base a reality ensuring that the requirements for national security were balanced Mr. BONILLA. Mr. Speaker, I ask to enter war on terror, doubling the air-crafts’s range against the requirements of a growing urban the editorial ‘‘Aiming High: Academy Still and greatly reducing battery costs. And they did it in less than two months. The school community. Soars Above Rivals in Terms of Academics also in the past year provided high perform- Mayor Tauer also presided over the redevel- and Research Work,’’ which appeared in the ance computing supporting addressing sta- opment of ‘‘original’’ Aurora and development Colorado Springs Gazette on October 30, bility problems that have plagued the V–22 of the Southeast area of the city. This revital- 2003, into the CONGRESSIONAL RECORD. tilt-rotor aircraft program, and helped en- ization was accomplished by a city-wide AIMING HIGH: ACADEMY STILL SOARS ABOVE hance the capabilities of C–130 ‘‘Commando growth management plan which created real- Solo’’ aircraft, which handle psychological RIVALS IN TERMS OF ACADEMICS AND RE- istic, yet forward-looking standards for ‘‘qual- SEARCH WORK operations and civil affairs broadcast missions in Iraq, Afghanistan and elsewhere ity’’ and ‘‘smart’’ growth. Aurora’s implementa- Wednesday in this space we dabbled in the tion for these policies has won widespread negative, wrestling with some of the con- around the world. tinuing fallout from the Air Force Academy In spite of being buffeted by occasionally recognition for its excellence. sex scandal. Today we accentuate the posi- ugly news, it’s clear that on at least one im- Perhaps in no area was Mayor Tauer’s fore- tive, mindful, as we all should be, that the portant front—academics—Wagie and the sight more evident than his leadership on occasionally disheartening headlines we see academy continue to soar high above most water resource issues. During his time in of- concerning the academy hardly present a other U.S. institutions of higher learning. fice Aurora has acquired new water resources, fair and balanced reflection of what remains f increased distribution and treatment facilities one of the nation’s premier military and aca- TRIBUTE TO MAYOR PAUL TAUER and implemented innovative recycling and demic institutions. drought management policies. The result has What brings this to mind is a document been an effective doubling of water system ca- that landed on our desk this week, the HON. THOMAS G. TANCREDO pacity. Among his most notable achievements school’s ‘‘Annual research Report,’’ which OF COLORADO will be distributed to the four-star and in- was forging an agreement with the Depart- IN THE HOUSE OF REPRESENTATIVES vited three-star generals attending next ment of Interior’s Bureau of Reclamation that week’s Corona Conference at the academy. Monday, December 8, 2003 ensured the city’s storage facility in the Bu- While not something the academy is at- reau’s Pueblo Reservoir. I am currently work- Mr. TANCREDO. Mr. Speaker, profound po- tempting to spoon-feed the media in an ef- ing with Representatives BEAUPREZ and litical change has come to Aurora, Colorado, fort to polish its reputation,the report cata- HEFLEY to codify that agreement in federal and that change provides an opportunity to re- logs some truly impressive accomplishments law. flect on the contributions of Mayor Paul Tauer out at the academy—in part a result of the Mr. Speaker, Mayor Tauer has been the leadership shown by the dean of faculty since and City Councilors Barb Cleland, Bob force that has given shape, form and a distinc- 1998, Brig. Gen. David A. Wagie. LeGare, Bob Perosky and Dave Williams. tive identity to Aurora. Nowhere is this more Wagie, as readers may be aware, last These dedicated public servants had a pro- month was singled out for special criticism evident than in the new Aurora Municipal cen- found impact on a growing and vibrant city. ter. The new urban core of the city includes a by the Fowler Commission, a congressionally Aurora has grown dramatically and it is now appointed panel responsible for the latest re- recently opened municipal building, public gurgitation of the academy sex scandal. Its one of the largest city in the nation—indeed safety building, a central library and museum. report suggested that Wagie hadn’t been held people now refer to the Denver-Aurora Metro Together, they constitute the virtual center of accountable for problems that occurred dur- area. Aurora’s population is approaching this increasingly urbane metropolis. This dis- ing his tenure. And that’s led to speculation 300,000, or almost the size of Buffalo, New tinctive city locus took shape during the tenure that Wagie could be the next Air Force offi- York and St. Paul, Minnesota. During this pe- of Mayor Tauer. cial invited to fall on his sword to assuage riod of rapid growth, these civic leaders in- Paul Tauer did not do it alone. Working with Washington witch hunters. But by at least sured that services kept pace with growth, and him for growth and progress in Aurora was an one critical measure of performance—the that growth met the needs of the residents. school’s academics—the general seems to exceptional cadre of city councilors whose vi- have been doing an outstanding job. Few people contributed more to this process sion and understanding contributed mightily to The school’s academic environment in re- than the out going Mayor Paul Tauer. He the city. cent years consistently has been ranked served as Mayor from 1987 to 2003, and sat Barb Cleland served on the council for two among the nation’s best by the Princeton re- on the city council for eight years prior to his decades and focused on insuring that public view. In 2000, the academy earned the re- election as Mayor. During his tenure, the face safety and public services in Aurora were view’s top ranking for providing the best of the city was literally reconfigured to respond unrivaled. An early advocate of victims’ rights, overall academic experience for undergradu- to the demands of the 21st century. her leadership and influence extended beyond ates; and it tied for third in that category in During the Mayor’s tenure Fitzsimmons 2001, 2002 and 2003. Last year the school also Aurora to the National League of Cities and took top honors in terms of professor acces- Army Medical Center was closed and it was other municipal groups. The valuable contribu- sibility, the study habits of students and the replaced by the largest medical facility be- tions to all areas of city governances will be excellence of its library. FAA’s under- tween Chicago and California. The former sorely missed. graduate engineering program was ranked Fitzsimmons campus is now home to the Uni- Edna Mosely spent 12 years on the city fourth best in the nation by U.S. News & versity of Colorado’s Health Science Center, council. Edna, whose husband was one of the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.194 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2521 original ‘‘Tuskegee Airmen,’’ worked tirelessly among my constituents in California’s 33rd agnostic Laboratory. Furthermore, I believe it on behalf of military veterans and was actively Congressional District. This institution is a is key that this work begin as early as possible involved in military cultural diversity issues. magnet for diverse people and ideas, attract- so that the Caucasus region, and by extension She served with distinction on a host of city ing students from all 50 states and more than the United States, can benefit from the protec- boards including the Fitzsimmons Commission 100 foreign countries. In fact, USC ranks in tion provided by this Central Diagnostic Lab- and served with distinction on the Fitzsimmons the top 1 percent amongst the most diverse oratory. Redevelopment Authority Executive Com- private research universities in the nation. As f mittee, Aurora Economic Development Coun- an educator, I am inspired to see USC’s com- cil, Denver International Airport Business Part- mitment to academic excellence. IN MEMORY OF THE GOOD LIFE nership, Lowry Economic Recovery Project, Mr. Speaker, today I rise to pay tribute to OF HENRY KALINSKI Adams County Economic Development Coun- the accomplishments of the University of cil, Community College of Aurora Advisory Southern California football team. Congratula- HON. MARCY KAPTUR Council and Aurora’s Business Advisory tions are in order for USC President Steven OF OHIO Board. Sample, Head Coach Pete Carroll, and the IN THE HOUSE OF REPRESENTATIVES In 10 years on the council John Parosky outright Pac-Ten champions, who finished the Monday, December 8, 2003 was a voice for fiscal prudence and effective season with the #1 national ranking in both and efficient government. He brought his fi- the AP and Coaches polls. Ms. KAPTUR. Mr. Speaker, I am deeply, nancial expertise to bear in ensuring that tax The USC Trojan football team has shown privileged today to extend on behalf of the dollars were used as optimally as possible. unique skill, charisma, dedication, and love for Kaptur and Rogowski families and my brother His commitment to the city can also be found the sport. The Trojans accumulated an 11Ðwin Steve and myself sincerest appreciation to in his work; he devoted countless hours to and 1-loss record while competing against each of you for offering your support, comfort, make Aurora a better place through his work some of the best programs in the country. and love to Hank’s beautiful wife of 50 years, on the Economic Development Committee, EÐ The Trojans regular season performance Jackie, and the entire Kalinski family; Linda 470 Authority, Aurora Chamber of Commerce, and their strength of schedule earned them a and Bob, Diane and Jim, Debbie and Jeff; to Utility Budget Committee, Visitors Promotion controversial Bowl Championship Series, or Hank’s sisters Vergie, Sophie, Esther and in Fund, Aurora Education Foundation, Spirit of BCS, berth. Although it is a system no one memoriam of Angie, Jean and his brother Ed- Aurora, Community Housing Services and Au- can make sense of, I am pleased that the real ward; to his treasured gandchilden, Brian, rora Rotary club. National Championship will be decided during Heather, Matthew, Kevin, Eric, Shawn, Stacey, An eight year veteran of the council, Bob the ‘‘Grand Daddy of them all’’—the Rose and in memory of Jason; and to his four great LeGare was a passionate advocate of small Bowl. As those steeped in football tradition grandchildren, Tyler, Justin, Connor and Alex- business, who took in a leadership role in know, a Pac-Ten vs. Big Ten match-up in the is; and his nieces and nephews. many economic development programs. Bob Rose Bowl, with a #1 ranked team in the We join together today to pay tribute, in sor- was devoted to the importance of small busi- game, is a formula for champions. row, but also in celebration, of the life of a pa- ness, he worked to make Aurora a partner Mr. Speaker, again I congratulate USC triarch, the father of his family, of a truly good with business to provide jobs and services. He President Steven Sample, Head Coach Pete man from a working class family, who loved provided leadership on a variety of economic Caroll, and the football team at the University life. What a lasting gift Hank is to each of us— development initiatives including the Fitz- of Southern California for a season to remem- a happy man. He is smiling on us now, for simmons Redevelopment Authority, Colorado ber. surely he knew we would be here together Commission on Taxation, Aurora Citizens Ad- with Jackie, at this family gathering. He en- f visory Budget Committee, Colorado Office of joyed being with family more than anything Regulatory Reform Advisory Board, Aurora ARMENIAN TECHNOLOGY GROUP else in the world. He is experiencing a peace Chamber of Commerce, Aurora Association of AND CENTRAL DIAGNOSTIC LAB- now that the world could not give. Hank re- Realtors and the Aurora Realtor Governmental ORATORY IN ARMENIA mains with us now in a spiritual way. Affairs Committee and further contributed to Hank had more than a smile. He had a grin. the community through Leadership Aurora, HON. DEVIN NUNES We all loved to laugh with Hank. That wonder- Aurora Museum Foundation, and Aurora OF CALIFORNIA ful laugh that came from deep within—not too Open. IN THE HOUSE OF REPRESENTATIVES loud, but genuine. You knew he wouldn’t want Dave Williams served 11 years as a mem- anyone to be sad, but to be gratified he lived ber of the Aurora City Council. He worked to Monday, December 8, 2003 the life he wished to live for most of his years. improve the efficiency of the city by encour- Mr. NUNES. Mr. Speaker, I wish to take this And Jackie, you and your family bestowed on aging better review processes and more effi- opportunity to clarify a key provision in Fiscal him the greatest gift of his life—your uncondi- cient administration. He has been a leader in Year 2004 Foreign Operations Appropriations tional and constant love. the business community as illustrated by his which was included in the Consolidated Ap- As he was asked to bear this enormous experiences on the Aurora Economic Develop- propriations Act of 2004. cross of affliction for so many years, you ment Council, EÐ470 Authority, Aurora Rotary As you know, this Congress continues to be walked at his side. He did so with a rare dig- Club and the Urban Drainage and Flood Con- a supporter of strong U.S.-Armenian relations nity born of uncommon strength and raw cour- trol District. to include economic and related programs. In age. He would want us to cheer his decade Mr. Speaker, these dedicated officials de- fact, this bill appropriates $75 million to help long marathon and his family’s deep devotion. serve our thanks. At a time when cynicism Armenia with its continued progress toward a His suffering became a prayer for all of us and about public officials appears to be the pre- market-oriented democratic nation. our poor world. Every person who witnessed vailing sentiment, they provide models of dedi- However, it is not just economic assistance this great ‘‘Kalinski prayer of devotion’’ was cation and selflessness that defy these con- that Congress is voting on today. We are also changed by its power. Who can ever forget temporary stereotypes. I am honored to have voting on a provision which expressed the in- the nurses and doctors who would be over- worked with them and wish them well in the tent of Congress that the U.S. Agency for come by Hank’s grin and laughter, even under days ahead. International Development provides sufficient the most difficult circumstances. The glint in f funding to establish and operate a Central Di- Hank’s eyes had no equal. CONGRATULATING THE UNIVER- agnostic Laboratory in Armenia that can serve Now, can you imagine he was the father of SITY OF SOUTHERN CALIFORNIA the Caucasus region. Currently, there is no three daughters, and the brother of five sis- ON THEIR PAC-TEN CHAMPION- such resource in Armenia or the region to ters. But, he was a man’s man, a husband to SHIP AND ROSE BOWL BERTH safeguard human health and food safety an exceptional wife, a true friend to his sons- against the threat of contamination or spread in-law, a man who knew how to stand by his HON. DIANE E. WATSON of disease. loved ones, a builder, a veteran. He was al- I believe it is the intent of this Congress that ways there, sometimes not uttering a word. He OF CALIFORNIA the U.S. Agency for International Development was a Gary Cooper type of character, a quiet IN THE HOUSE OF REPRESENTATIVES utilize the services of the Armenian Tech- strength. He didn’t have to show it off. Monday, December 8, 2003 nology Group, a U.S.-based nonprofit organi- Happy. Kind. Generous. Funny. Hard- Ms. WATSON. Mr. Speaker, I am proud to zation, to work with Armenian officials to es- working. Wise. A family man who took count the University of Southern California tablish and begin operations of this Central Di- unending delight in his grandchildren and

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.198 E09PT1 E2522 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 great-grandchildren crawling at his feet or sit- nation, is the reason why this legislation This particular one is in the ghetto of Iraq; ting on his lap. You never heard him utter an should be enacted for the lives lost on Sep- something like the projects. But the friendly unkind word. So many precious memories: tember 11, 2001; they deserve nothing less. neighborhood closeness makes it peaceful, The preservation of the footprints of the there are some bad guys that live near (here) Christmas, Easter, birthdays, weddings, anni- WTC buildings and the surrounding area des- that the people told us about, but we’ve been versaries, parties and more parties. perch fish- ignation as a national monument is needed sniffing them out and they’ve been scat- ing, darts, his gardens, homemade gifts like to ensure that we as a nation keep our tering. the wooden horses that held address plates pledge to ‘‘Never Forget’’. We must secure ‘‘I have seen a whole lot more and more for our homes, Pearl and Wersell streets, his the site and preserve for future generations each day. Every since the city collapsed dog Puck. the ground which has been become sacred there has been a lot of looting. On our way I can recall how he went out of his way for and hallowed by the loss of the blood of all to Baghdad we saw kids, women covered up, each of us. He would make such an effort to the victims. men, everybody toting furniture, rolling Sincerely, tires, dragging refrigerators across the meet me along the Lagrange Street Parade THOMAS J. MEEHAN III. street. And the children, they are the most route, year after year. Always there. If Holly- f friendly and beautiful of all. wood were to cast a true husband and father, ‘‘It’s still not too safe for comfort but for- brother and friend, they would cast Hank in TRIBUTE TO STAFF SGT. MORGAN tunately the Good Lord has been with us so the leading role. DESHAWN KENNON AND THE far. I have kicked in a lot of doors, been shot You still will find him with you—in unex- 101ST AIRBORNE at by snipers. I haven’t killed anyone but pected moments. You will know he is there, we’ve captured a lot of people and seized a and everything will be all right. I once asked whole lot of weapons and stuff. I have seen HON. HAROLD E. FORD, JR. firsthand the devastation of war and I realize a holy woman why God gave such trials to OF TENNESSEE that in war, someone always suffers, in this people who are so good. ‘‘To make us IN THE HOUSE OF REPRESENTATIVES case, a lot of people. But I will say that this strong,’’ she said. Hank taught us love, joy, whole campaign has been very surgical and and perseverance. He has been a man for Monday, December 8, 2003 precise in not killing a lot of people (inno- others, who showed us how to love life. Mr. FORD. Mr. Speaker, I rise today to pay cent). I will just be happy to get back home, May God carry his soul gently in his pas- tribute to Staff Sgt. Morgan DeShawn Kennon safe and soon. I have been hearing rumors sage to peace. We know God joins with us of the U.S. Army’s 101st Airborne Division, that we may be coming back soon and being today as we pray, ‘‘Sleep well my good and who was laid to rest in Memphis, Tennessee relieved by another unit but when I get details, I’ll let you know.... faithful servant.’’ on November 14. ‘‘Just keep your head up and be thankful f Morgan Kennon and the 101st Airborne everyday that all of us are waking up and were called to duty in defense of this nation. loving each other. I saw a man shot over HONORING COLLEEN ANN MEEHAN They answered that call with courage and here and it really let me know how quick BARKOW, THOMAS J. MEEHAN honor. Staff Sgt. Kennon was killed while pro- and unsuspecting our days can come to an III, AND JOANN MEEHAN tecting his fellow soldiers from an ambush in end. So keep going 90 miles per hour with the Northern Iraqi city of Mosul. He was post- your life and know that your brother loves HON. CAROLYN B. MALONEY you, respects you and is proud and honored humously awarded a Bronze Star and Purple to have you as a sister.... OF NEW YORK Heart for his bravery. ‘‘How is everybody? Tell all of your friends IN THE HOUSE OF REPRESENTATIVES In honor of Staff Sgt. Morgan Kennon and that I said ‘hi’ and testify to the church that Monday, December 8, 2003 the brave members of the 101st Airborne, I I am very thankful for their prayers. The would like to submit for the RECORD letters presence of the Lord is undeniable and obvi- Mrs. MALONEY. Mr. Speaker, I rise today Staff. Sgt. Kennon wrote to his sister Nicole ous.’’ to pay tribute to Colleen Ann Meehan Barkow, Crawford in Memphis, as well as two articles April 20, 2003 who perished in the attacks of September 11, from the Memphis Commercial Appeal. ‘‘How is my favorite sister? Fine I as well as her father and mother, Thomas J. Amidst the ‘‘devastation of war,’’ the clarity hope.... I am so happy to hear and feel the and JoAnn Meehan, who still suffer from her with which Staff. Sgt. Kennon expresses him- effort that you are putting into your life. I’m loss. The following is a letter sent to my office self makes all of us proud. These letters help proud of you and hope you can continue to by Thomas J. Meehan III, which I want to sub- us better understand the trials endured by our take good care because you know that no mit to the CONGRESSIONAL RECORD. matter how much hardship or struggle I feel soldiers and the courage they demonstrate or go through, I’m fine as long as I know DEAR REPRESENTATIVE MALONEY: Colleen each day. I would urge my colleagues to read was an employee of Cantor Fitzgerald work- that you and mom and Kayla are OK. ing on the 103rd floor. Her partial remains, Staff. Sgt. Kennon’s letters and join me in pay- ‘‘By the time you get this I will be in the upper torso, were found on September 17, ing tribute to this exceptional young man and Northern Iraq near the Turkey border.... 2001, the date which was to have been her all of the heroes of the 101st Airborne Divi- And once again thank you for taking care of first wedding anniversary. My wife and I con- sion. my bills. I told you in the last letter that I might be coming home soon. Well, don’t tinue to be filled with the anguish of her [From the Memphis Commercial Appeal, count on that; no one seems to know any- death, the manner in which she died, her un- Nov. 14, 2003] thing. I’ll keep you updated.’’ viewable remains, dismemberment and the LETTERS TO A SISTER tragic death she suffered. April 26, 2003 From the war in Iraq, Staff Sgt. Morgan I am writing you today in regard to the ‘‘I’m still up north but we’ve relocated. We DeShawn Kennon of Memphis sent letters legislation you have introduced calling for a now operate and live in a post office. Can home to his sister Nicole Crawford. He often federal study to assess the historic value of you believe that? It’s not that bad though. spoke of Crawford’s 12-year-old daughter, the WTC footprints and to assess the appro- There’s electricity and running water here, Kayla, and his mother, Paulette Crawford- priateness and feasibility of national monu- which is a huge improvement over some of Webb. ment status for that immediate area. the places we’ve had to live in.... I can This legislation is important not only to April 12, 2003 speak a little Arabic now (smiley face). The the families of those who lost family mem- ‘‘I am in Baghdad now. I don’t know where people here are not as dangerous and the bers, but to the Nation and the world, for I may be when you read this but I will prob- threat level is not as high as it was in Bagh- September 11, 2001 is another day that will ably still be here. It’s been very different dad and the other previous cities but we still live in infamy, and has altered the course of here, Niki. The reason for the war, or the ul- have to stay on our toes even though the war world history. terior motives that the government may is ‘‘officially’’ over there are still a lot of There are those who dispute its parallels in have, regardless of all of those things, the rebel forces and fanatics and loyalists of history, but they cannot be disputed. Gettys- one true thing I can say is that these people Saddam and the party regime.... burg, the attack on Pearl Harbor, and Nor- were very oppressed and impoverished under ‘‘So how’s the family? I still pray for ev- mandy are events which have so affected the the rule of Saddam. erybody every single day. I don’t know when world, and have preserved for future genera- ‘‘The welcome we’ve received in the cities I will be back but I’ve heard everything from tions the places of the lives lost and blood- and especially when we got here was unbe- June to September.... shed, so that freedom and democracy will lievable and overwhelming. The people here ‘‘When I know that you all are comfortable continue upon the world stage. have even been giving us information about and OK, I can deal with being uncomfortable. These historic events have warranted a na- the enemy and the bad guys. Right now, we Y’all’s convenience means a whole lot to me. tional preservation of where American lives are occupying a school, that is where we are Well, enough about that. I realize that God have been lost and sacrificed. So that their operating from. will continue to operate and provide for us sacrifices would be remembered for future ‘‘We have been staying in abandoned build- (in his sometimes ‘‘weird’’ way) as he has generations, and maintained by a grateful ings and schools since we came into Iraq. been so I won’t worry about it. He will make

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.202 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2523 sure the ball continues to roll for us as long Funeral services will be at 11:30 this morn- He wrote about happiness and God. as we keep Him first and continue to recog- ing at N. J. Ford & Sons Funeral Home, with ‘‘I pray about that (happiness) too, but we nize and acknowledge Him.... The next burial in the West Tennessee State Veterans gotta take one thing at a time and just be time I write you I’ll probably be living in a Cemetery at 4000 Forest Hill—Irene. thankful that things have been good for shoe store or a Mega-Market or something. Kennon has been recommended for a us...’’ But know that I’m OK and I am very grateful Bronze Star, but to family and friends, he’s There were other letters, and phone calls. for God’s grace and mercy. Keep taking care always been a hero. The last was Tuesday, Nov. 4, when Kennon of yourself and I can’t wait to see you again. ‘‘I have never met anyone who disliked said he’d be home in a few days. He was Don’t forget your vitamins!’’ him,’’ said his 26-year-old sister, Nicole eager to see family. Crawford, whom he called Niki or Nik. ‘‘He July 13, 2003 Things in Iraq were getting ‘‘a lot worse,’’ was funny and smart. He was just wise be- Crawford quoted her brother as saying. ‘‘Everything is still the same here. A cou- yond his age, he really was.’’ The family had sent him a ‘‘care package’’ ple of my friends broke down on the inter- Paulette Crawford-Webb, a pharmacy tech- filled with canned fruit, but he hadn’t re- state here and they were attacked by hand nician at University of Tennessee Bowld Hos- ceived it yet. grenades that were thrown at them from a pital, said her son ‘‘was not afraid of dying Then came the final mission. At about 7 passer-by. One of them got hurt pretty bad, for his country.’’ a.m. on Nov. 7, Kennon led a convoy of vehi- he went through surgery but he is OK. He al- ‘‘He said the people of Iraq needed help. cles to an observation post. Kennon was most lost all usage of his arm; the other Conditions over there were deplorable and he killed during an ambush as he was trying to guys are also stable. didn’t think it was a lost cause.’’ protect his fellow officers, Kennon’s super- ‘‘The irony is that I had just left where Kennon graduated from Central High visor said in a letter recommending the they were and had talked with them. Other School in 1997. Bronze Star. than that, everything is still the same. You ‘‘He made great grades but he got an N in Crawford said she never fully understood don’t have to worry about me. I am always conduct,’’ Crawford said. ‘‘He wasn’t in- why her brother was in Iraq, but she accepts alert and watchful, especially when I’m out volved with gangs or criminal activity; he that he ‘‘went because he was doing some- in the streets here. was the class clown. He liked to make people thing he loved. He loved being in the mili- ‘‘By the time you get this (hopefully) we laugh and that kept him in trouble a lot.’’ tary.’’ should start preparations to leave here. I After school, Kennon worked at Taco Bell, Paulette Crawford-Webb said her son did really can’t wait to get back. I want to see where he quickly rose to management. ‘‘He not worry about his personal safety. ‘‘He said my ‘‘3 ladies’’ really bad: you, Mama and was just really smart and excelled in every- his only sadness would have been if some- Kayla are more than enough inspiration to thing he did,’’ Crawford said. ‘‘It might take thing happened to him, what would become somebody else five years but he just did it in get back soon and safe.’’ of me, his sister and his niece?’’ July 25, 2003 a year or two.’’ Crawford said her brother truly was an ex- He loved the Tennessee Titans and movies ceptional person. ‘‘Things are all right with me over here; of and wrestling, said girlfriend Corporal Ghana course I could think of a million and one ‘‘He was a God-fearing young man. He was Jackson, 23. She met Kennon when both were not afraid to die.’’ other things I could be doing other than stationed at Fort Hood, Texas. ‘‘He was awe- being in Iraq but since I’m here, I’m dealing some,’’ she said. ‘‘He got along with every- (By Shirley Downing) with it every day. I think I’m growing up a body and he had no kind of enemies.’’ [From the Memphis Commercial Appeal, little bit.... I think I value life more now, Kennon joined the Army at 17 and left for Nov. 15, 2003] so I’m content with small simple things and basic training at 18. After four years at Fort HOST OF MOURNERS BEARS SGT. KENNON HOME most of all my enjoyment and peace of mind Hood, he re-upped and was assigned to the Army Staff Sgt. Morgan D. Kennon of comes from y’all being all right and safe. I 101st Airborne at Fort Campbell, Ky. Memphis was given a hero’s farewell Friday think that means more to me than anything The family last saw Kennon in February morning, a week after he was killed in Iraq. over here.’’ before he went overseas. ‘‘Death reminds us of the sovereignty of Sept. 13, 2003 Baltimore Sun reporter Scott Calvert God, and the frailty of man,’’ Rev. Arthur came to know Kennon well in the opening ‘‘My dear sister, you have done so much for Snow, pastor of Greater New Shiloh Baptist days of the war. Church, said to more than 500 mourners at- yourself and your daughter. Many people Kennon, he said, was the nuclear, chemical face adversity in their lifetime but very few and biological expert for the Third Battal- tending services at N. J. Ford & Sons Fu- of these people are able to keep climbing the ion’s Charlie Company. His first sergeant neral Home. Kennon’s Bronze Star and Purple Heart high hills the way you have.... Love you said Kennon often worked overtime, and were displayed next to his flag-draped coffin. Nik and thank you so much for giving me weekends, to make sure everyone was pre- Large sprays of red and white flowers sur- more wisdom than you ever know, helping pared for war. me develop into a man.... P.S. Load up on ‘‘His job was to make sure everybody in rounded the casket and the dais where dig- Vitamin C and tell Mama to drink Concord the company, 130 soldiers, had the proper nitaries sat. After the morning services, the funeral grape juice. It lowers blood pressure by 40 chemical masks and suits,’’ said Calvert, procession traveled past honor guards of fire- percent.’’ who was embedded with Kennon’s unit for fighters and schoolchildren with signs as it [From the Memphis Commercial Appeal, seven weeks last spring. ‘‘His job was to made its way from South Memphis to the Nov. 14, 2003] make sure everybody was ready with protec- West Tennessee State Veterans Cemetery in ‘‘HE WAS NOT AFRAID’’: BELOVED SOLDIER tive gear.’’ Calvert first met Kennon at Fort Campbell southeast Shelby County. FELT A PURPOSE Military honor guards gave folded flags to (By Shirley Downing) the day the troops shipped out. ‘‘It was chaotic,’’ Calvert said. People were Kennon’s mother and father. A 21-gun salute In his letters home, Army Staff Sgt. Mor- milling about, gathering equipment, saying for the soldier, the first Memphian killed in gan DeShawn Kennon wrote about living in a goodbye. the Iraqi war, broke the chilly fall air. war zone: In the midst of the crowd, Kennon ap- Kennon, who was 23, joined the Army at 17 Camping in old buildings. proached Calvert. Did he have all his equip- and left for basic training at 18. After four Dodging snipers’ bullets. ment? Did he need help? ‘‘It was a pretty years at Fort Hood, Texas, he rejoined and Meeting friendly, beautiful children. nice gesture on his part,’’ Calvert said. was assigned to the 101st Airborne at Fort Kennon landed in Iraq in April with the Calvert said Kennon was a solid ‘‘stand-up Campbell, Ky. 101st Airborne and a job to do. The Ameri- guy’’ who always wore a bright smile. The family last saw Kennon in February cans gained control of the country and then, The company was in Kuwait for a month, before he went overseas. for months, Kennon heard rumors that his then it was on to Iraq. He was fatally wounded during an attack Charlie Company might soon be headed back Kennon called home sometimes once or on an Army convoy guarding a bank in to the states. twice a week. He asked about his beloved Mosul. The Army said he died immediately Last Tuesday, Kennon surprised his family black Dodge Intrepid, which he let his sister of blunt force trauma to the head, while try- with the news that he would return to Mem- drive with the promise she would not smoke ing to protect fellow soldiers. phis Nov. 19—not for good, but for a two- up its pristine interior with her cigarettes. Kennon has been described as a smart, week furlough timed to celebrate his moth- His letters came regularly, handwritten on friendly man who loved the Army, his family er’s 47th birthday. lined paper. Once he teasingly asked his sis- and God. He often wrote letters home telling Three days later Kennon, 23, was dead, fa- ter to write more often about what was going relatives not to worry, he was not afraid. tally wounded while guarding a bank in on in his hometown. U.S. Rep. Harold Ford Jr. said he was Mosul. The Army said he’d died immediately ‘‘Where is the scoop? The gossip? The moved by Kennon’s letters, portions of which of blunt force trauma to the head, while try- news? The sports news? Where is it? You were printed Friday in The Commercial Ap- ing to protect the safety of his fellow sol- slippin’ girl.’’ peal. diers. He wrote about family and a man’s obliga- ‘‘In the midst of all that was going on over Kennon’s family is devastated at the loss tions to care for his loved ones. there, the clarity with which he expressed of a son, a brother, uncle and brave soldier. ‘‘There is nothing more impressive and re- himself makes all of us proud,’’ Ford said, as He was a Christian who reminded his sister spectful to me than a man that takes care of he addressed Kennon’s tearful family in the to pray—and to take her vitamins. his family.’’ front pews at the funeral home.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.207 E09PT1 E2524 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 A top Army officer from Virginia and quakes played aggressive, attacking, exciting this game would have on youngsters, whether members of the 101st Airborne attended serv- soccer and delighted San Jose’s growing le- they are Haitian-American, Cuban-American, ices. gion of fans. or not. ‘‘We are here to be with the family, to re- This video game symbolizes the very lowest spect and honor this great soldier,’’ Maj. The sportsmanship and gamesmanship of Gen. Russell L. Honore of Norfolk, Va., said the Earthquakes have helped bring success to of our nation’s values. It is deeply disturbing, before services began. ‘‘He served proudly Major League Soccer. Only eight years old, not only that the manufacturer would seek to and with distinction for our nation.’’ Honore this league has already captured the hearts profit by the sales of this game, but that peo- said he represented the Secretary of the and imaginations of soccer fans around the ple would buy it. I urge all my colleagues, and Army and the Chiefs of Staff. country and provided the United States with every American, to take a firm stand against Shelby County Mayor A C Wharton some of the world’s best players—many of such commercial trash and to rededicate our- thanked Kennon’s family on behalf of the whom were instrumental in bringing our coun- selves to the principles of freedom and liberty citizens of the county. that such hatred cannot destroy. ‘‘We share your loss,’’ he said. try to the quarterfinals of last years World Several of Kennon’s friends spoke about Cup, held in Japan and Korea. f Today, the Earthquakes are the pride, not his loyalty, honesty and his love for family REMOVAL OF U.S. TARIFF ON OR- and the military. only of San Jose, but also of America’s entire ANGE JUICE IMPORTS WOULD Snow’s eulogy was so passionate the min- sports community. NOT ENHANCE FREE TRADE ister had to sit down for part of its delivery. I urge all of my colleagues to join me in rec- Kennon was ‘‘a good man who could have ognizing the 2003 Major League Soccer at the age of 23 been on the streets doing Champions, and I congratulate the San Jose HON. TOM FEENEY nothing, but he chose to do something posi- OF FLORIDA tive and constructive with his life. It is un- Earthquakes on a fantastic season. IN THE HOUSE OF REPRESENTATIVES fortunate that he was cut down at an early f age,’’ he said. Monday, December 8, 2003 CONDEMNING THE ‘‘GRAND THEFT Snow offered comfort for Kennon’s mother, Mr. FEENEY. Mr. Speaker, three weeks ago AUTO: VICE CITY’’ VIDEO GAME: Paulette Crawford-Webb, his father, Morgan the leaders of more than thirty nations around Kennon, and other relatives and friends. ANTI-HAITIAN RACISM AND the Western Hemisphere gathered in Miami ‘‘In spite of all that has transpired, God is STEREOTYPES HAVE NO PLACE for the Free Trade Area of the Americas still good,’’ Snow said. ‘‘You need to know IN AMERICAN SOCIETY and understand today that Earth has no sor- (FTAA) Eighth Ministerial meeting for the pur- row that Heaven can’t heal.’’ pose of expanding free trade within the West- He said Kennon knew the risks of a mili- HON. KENDRICK B. MEEK ern Hemisphere. tary career, ‘‘but he trusted God.’’ OF FLORIDA I watched with great interest as these nego- Kennon was a soldier in the U.S. Army and IN THE HOUSE OF REPRESENTATIVES tiations progressed, fully cognizant of the sig- a soldier in the army of the Lord who did not nificant impact that they could have on my fear death, Snow said. Monday, December 8, 2003 ‘‘He was prepared externally and he was state of Florida. Mr. MEEK of Florida. Mr. Speaker, I rise Free trade and free markets are essentially prepared internally. He wasn’t afraid of what today to bring to the attention of my col- could happen to him because he knew that about making trade easier by allowing the with Jesus, he would be all right.’’ leagues, and to condemn in the strongest pos- market to balance needs, supply and demand. sible terms, a Rockstar Inc. video game enti- f We are engaged in a battle to tear down trade tled ‘‘Grand Theft Auto: Vice City.’’ This game barriers around the world in an effort to pro- CONGRATULATING TO THE SAN has no place as an amusement in this country mote jobs, competition and greater prosperity JOSE EARTHQUAKES because it purports to make ‘‘fun’’ using racist for all countries involved. Since Adam Smith and stereotyped images of Haitians and Cu- explained the benefits of free trade in his great HON. MICHAEL M. HONDA bans. work ‘‘The Wealth of Nations’’, thoughtful pol- OF CALIFORNIA This despicable video game portrays Hai- icy makers have understood the need to re- tians as ugly criminals and lower forms of IN THE HOUSE OF REPRESENTATIVES duce these barriers. The famous economist human life who must be obliterated once and Monday, December 8, 2003 Joseph Schumpeter once proclaimed that cap- for all. In order to win the game, the player— italism relies on the free flow of information Mr. HONDA. Mr. Speaker, I rise today to an ex-convict—is hired to recover stolen drug and goods. congratulate an extraordinary team on an ex- money on the streets of Miami. In his pursuit, The talks in Miami generated positive move- traordinary season. On Saturday, November he faces police officers and gangsters from ment towards greater economic integration in 23, 2003, the San Jose Earthquakes became Cuba and Haiti. Armed with a machete, knife, this hemisphere. Trade Ministers agreed to a the second team in Major League Soccer his- gun and baseball bat, the game urges players baseline of minimum standards for a full and tory to win the Major League Soccer Cup mul- to ‘‘kill the Haitians’’ and ‘‘kill the Cubans.’’ comprehensive agreement that takes into ac- tiple times, thrilling soccer fans around the What makes this matter even more offen- count differing levels of development among country and around the world. sive is that, by its immigration policies and nations. This framework is a step forward that The Earthquakes’ 4Ð2 victory over the Chi- pronouncements, the Bush Administration fos- gives nations needed flexibility. cago Fire showcased the team’s explosive tal- ters a view of Haitian asylum seekers as po- As we continue these discussions, I would ent and demonstrated why soccer is one of tential terrorists rather than bona-fide refu- caution the negotiators to find an acceptable the fastest growing sports in America today. gees. balance between the need to open up to new This match featured more goals than a Major It is hard to see how such contemptible acts foreign markets and to protect an industry that League Soccer championship has ever seen, could be seen as ‘‘fun,’’ for this video game is is vital to America’s supply of fresh fruit and including two from two-time U.S. National scandalous and hateful and deeply offensive Florida’s economic infrastructure: the Florida Team Player of the Year and MLS Cup MVP to Haitian and Cuban Americans and every citrus industry. Landon Donovan. decent American concerned about racism and There are only two countries that produce The Earthquakes’ rise to the MLS cham- violence in this country. 90 percent of the world’s orange juice: the pionship game provided soccer fans with end- I ask this Congress and all people of good- United States and Brazil. Brazil currently sells less high drama, including a five-goal come- will to join me in condemning this hateful video to the United States and has a large market back against the Los Angeles Galaxy to ad- game and to do everything possible to in- share in the European Union. Without com- vance to the Western Conference final, and a crease public knowledge of it and thereby to petition from the Florida citrus industry, Brazil 3Ð2 victory over the Kansas City Wizards, in limit its acceptance in both domestic and for- would enjoy a monopoly over world orange which Landon Donovan sealed the champion- eign markets. juice production. ship birth with a golden goal in the 117th Mr. Speaker, I represent the largest Haitian The citrus industry in Florida generates rev- minute of play. constituency in the United States, and this enues of $9.1 billion each year and employs In the championship game itself, the San video game is demeaning, demoralizing and nearly 90,000 people without subsidies from Jose Earthquakes showed a capacity crowd in deeply hurtful to hundreds of thousands of the Federal Government. A collapse of this in- Carson, California and a national audience hard-working, law-abiding Haitian Americans dustry would not only cost tens of thousands four goals, one saved penalty kick, and 90 and their families in South Florida and in this of jobs, it would also cost the State and local minutes of world-class soccer. Throughout that country. It does not take much to imagine the governments of Florida up to $1 billion in lost game, and throughout the season, the Earth- destructive impact that the repulsive images of tax revenues.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.212 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2525 Removal of the U.S. tariff on orange juice From post to post, he consistently received TRIBUTE TO CALVIN WENDEL imports would not enhance free trade. It would accolades and recognition. In addition to his rather give Brazil a total world monopoly, remarkable service as Sheriff, highlights of his HON. ROSA L. DeLAURO make that country the world’s dominant citrus storied career include being Adjunct Professor OF CONNECTICUT producer and enable them to control market of criminal law and procedure at Western IN THE HOUSE OF REPRESENTATIVES supply, access and prices with no competition. Michigan University, Chair of the Michigan Monday, December 8, 2003 The Brazilian citrus industry has benefited Commission on Law Enforcement Standards, from years of subsidization, dumping, lax envi- Ms. DELAURO. Mr. Speaker, I rise to pay Brigadier General for the Michigan Air National special tribute to Calvin Wendel, whose quiet ronmental laws, price manipulation and weak Guard, and recipient of Citation and Medal for and largely unenforced labor laws. I would and dedicated service along Interstate 95 in Professional Service from the Michigan’s Milford, Connecticut has helped keep our na- urge our negotiators to insist on drastic re- Sheriffs’ Association. forms in the Brazilian citrus industry prior to tion’s highways safe and important goods and agreeing to any tariff changes. Florida’s citrus Many words come to mind as one reflects services moving through our region for the last industry can compete with Brazil, or anyone upon Tom’s public service to our community. 43 years. Cal has worked at the Secondi Bros. Truck else for that matter, as long as there is a level He is selfless, brave, generous, giving, caring, Stop in Milford since it opened on July 1, playing field. humble . . . the list goes on. Tom is widely 1960. With no other major truck stops in the f known for his extensive charity and dedication to local individuals, businesses, universities, area, it is highly visible and known in the truck WELCOMING ELANA HELEN and the community as a whole. He spent a stop industry due to its location. It is the first truck stop in New England off Interstate 95 KAPLAN career devoted to the protection and safety of that drivers come in contact with after leaving the citizens of Kalamazoo, and for this the New Jersey. Over 120,000 vehicles a day HON. DOUG OSE county is forever in his debt. There is no ques- travel past exit 40, Interstate 95 where OF CALIFORNIA tion that Tom’s dedication and contributions to Secondi is located, and the trucks that stop for IN THE HOUSE OF REPRESENTATIVES the county will be missed. service at Secondi are part of a fleet trans- Monday, December 8, 2003 Our community is in debt to Sheriff Ed- porting over 72 percent of the goods we have Mr. OSE. Mr. Speaker, it is with great pleas- monds for his continued public service since at our homes and in our businesses. ure that I announce the birth of Elana Helen 1975. I wish him and his family all the best in During his tenure at the Secondi Truck and Kaplan. Elana was born on Tuesday, Novem- retirement. Tom’s contributions to our commu- Tire Repair Unit, Cal has serviced over 74,000 ber 18, 2003 at Fairfax Hospital in Northern nity have been many, and we are all better off trucks. Over the years, his expertise has con- Virginia to my former Legislative Director, Jim from his service. He will be truly missed by the tributed to the safety and economic security of Kaplan, and his wife Stacie. folks in southwest Michigan. I’m certainly glad every one of us. Yet, as much as his technical Almost exactly two and a half years ago I he’s remaining in our corner of Michigan. experience is respected by those who stop welcomed Elana’s twin sisters, Shauna and regularly at Secondi on their way through Con- Sierra, on the floor of this House. f necticut, it is the personal touch he adds to his Today I join Shauna and Sierra in wel- service and extends to those around him, coming their baby sister Elana. Among the CONGRATULATIONS TO SUNNY- dedication, high values, and respect for peo- proud family members who join me in wel- SIDE HIGH SCHOOL FOOTBALL ple, that have endeared him to his customers coming her are her grandparents: Dr. and Mrs. TEAM OF TUCSON, ARIZONA and peers. Jerold Kaplan of California, and Mr. and Mrs. As one of my constituents once said, Harold Rothman of Maryland. Stacie’s sister, ‘‘Trucks keep America rolling!’’ I urge my col- Ms. Amy Rothman, Jim’s brothers, Lt. Scott HON. RAU´ L M. GRIJALVA leagues to join with me to honor the service Calvin Wendel has provided to all of us over Kaplan (USN) and Mr. Glenn Kaplan, Stacie’s OF ARIZONA grandmother, Mrs. Doris Scherr, and Jim’s the years, helping to keep American trucks grandparents, Mr. and Mrs. Bernard Schwartz IN THE HOUSE OF REPRESENTATIVES rolling. also join me in this joyous welcome. f Monday, December 8, 2003 These three little Kaplan girls owe much to REMEMBERING THE HISTORIC this chamber, as Jim met their mother Stacie Mr. GRIJALVA. Mr. Speaker, I rise today in LIFE OF LOUISE ELIZABETH BUIE through a fellow congressional staff member honor of true champions. I am proud to report and proposed during a tour of the Congres- that on Saturday. December 6th, 2003, the HON. ALCEE L. HASTINGS sional dome in 1997. Sunnyside High School football team of Tuc- OF FLORIDA As the father of two daughters myself, I can son, Arizona once again brought home the IN THE HOUSE OF REPRESENTATIVES only hope that these young ladies will continue Class 4A State Title. to bring joy and pride to their family and to Monday, December 8, 2003 their community in much the same way my For the second time in three years, the Blue Mr. HASTINGS of Florida. Mr. Speaker, I daughters brighten my life every day. Devils showcased to the state of Arizona their rise today to celebrate the life of Louise Eliza- f unmatched talent, heart, and dedication. In a beth Buie, who died on December 2, 2003. 21Ð13 victory over Glendale Cactus, Sunny- This diminutive woman, known throughout her TRIBUTE TO KALAMAZOO COUNTY side overcame a roster depleted by injury and home state of Florida and beyond for her con- SHERIFF, TOM EDMONDS what the papers called ‘‘undersized’’ players. tributions to the civil rights movement in Amer- Mr. Speaker, it’s true that the Blue Devils have ica, packed the equivalent of two lifetimes into HON. FRED UPTON linemen whose physical stature is smaller than her 89 years. OF MICHIGAN the average. But, as was proved in this past Beginning in the 1930s, Louise Buie, as a IN THE HOUSE OF REPRESENTATIVES weekend’s state championship game, physical member of her local branch of the National Association for the Advancement of Colored Monday, December 8, 2003 size doesn’t matter when you have the drive and the hunger for victory that these players People (NAACP), fought against segregation Mr. UPTON. Mr. Speaker, I rise today to do. Under bright stadium lights, under tremen- in its many forms. She served as president of pay tribute to Kalamazoo County Sheriff, Tom dous pressure and expectation, and with a de- the branch for fourteen years during the 1950s Edmonds, who is closing a chapter in a long fensive line outweighed by an average of 70 and ’60s and was at the forefront of every bat- and distinguished career of public service. A pounds, the Sunnyside Blue Devils came tle to integrate schools, hospitals and res- dedicated and selfless individual, Tom has taurants. It was Louise Buie who demanded home victorious. served five terms as Sheriff after being ap- that black baseball players be allowed to room pointed to the Office in 1984. Over his tenure I commend these students and their coach- with their white teammates in West Palm as Sheriff, Tom served the citizens of Kala- ing staff. Their fine efforts have made my Beach, and it was Louise Buie who insisted mazoo in a number of capacities, all with great hometown, and moreover, my alma mater that West Palm Beach, Riviera Beach and distinction. proud. I wish them the best as they enjoy their other cities in South Florida hire African-Amer- Since 1975, Sheriff Edmonds’ contributions victory and begin to look toward next year’s icans as police officers and firefighters. Pre- to our community have been tremendous. winning season. viously, those municipalities had restricted

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.216 E09PT1 E2526 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 people of her race to jobs as janitors and la- Palm Beach County, the Urban League build- the Presidential Recordings and Materials borers. ing in West Palm Beach is co-named for her. Act of 1974 included in the Transportation Louise’s voice and dynamic personality Mr. Speaker, there will never be another and Treasury Appropriations bill. The meas- were ever-present in seventy years of strug- ure the Congress is adopting today will make human being like Louise Elizabeth Buie. Her clear that the Presidential Papers of Richard gles over school desegregation and dozens of impact will be felt for generations to come. Nixon are eligible for transfer to the Nixon other disputes involving employment discrimi- She opened many doors, often with only the Presidential Library. Under the 1974 Act, it nation and demands for equal rights for all citi- strength of her personality. Because of her has not been legal to transfer these papers. zens. At a time when black citizens were de- work, innumerable African-Americans and The purpose of the provision we are enacting nied admittance to most of the county’s hos- people of all races have walked through those today is to move forward the process where- pitals, she ignored the skepticism of her fellow doors, and we are extremely grateful for the by the Archivist and the directors of the African-Americans and started the fight that phenomenal person that she was. Her mem- Nixon Library in Yorba Linda, California, resulted in the desegregation of Palm Beach will conclude an agreement on the terms of ory will live with me always. this transfer. County’s major medical facilities. When her f The provision enacted today makes clear grandchildren wanted to go to the beach dur- that any agreement between the Archivist ing a time period when beaches were re- INTENT AND OBJECTIVES OF and the Nixon Library to bring the Nixon Li- stricted to whites, Louise took her grand- AMENDMENT TO PRESIDENTIAL brary into the federal Presidential library children anyway. Although she was arrested RECORDINGS AND MATERIALS system shall be, as has been the case with all for her actions, Louise prevailed, and the PRESERVATION ACT OF 1974 other Presidential libraries, subject to the beaches were opened to all citizens. terms of the Presidential Library Act. Those It was Louise Buie who forced the abolition HON. HENRY A. WAXMAN records will continue to be owned by the of the Palm Beach County school district’s ‘‘all United States and administered by the Na- OF CALIFORNIA tional Archives. The Archivist will not white’’ textbooks that excluded any mention of IN THE HOUSE OF REPRESENTATIVES transfer any documents to California until the history and contributions of African-Ameri- he certifies to Congress that he has deter- cans in our nation. She was also at the fore- Monday, December 8, 2003 mined that there is a suitable archival facil- front of the movement that brought courses in Mr. WAXMAN. Mr. Speaker, on behalf of ity to house those documents. black history to the curriculum of Palm Beach Mr. DAVIS and myself, I would like to submit Once the Archivist agrees to accept the Nixon Library into the Presidential Library County schools. As time went by, more and the following letters for the RECORD. They pro- System and has notified Congress, employees more of the barriers to full participation in our vide background on the intent and objectives society were broken down by the efforts of this of the National Archives will staff the Li- of the amendment to the Presidential Record- brary, and the Archivist will be responsible amazing woman. ings and Materials Preservation Act of 1974. for access to documents at the Library. This Mr. Speaker, there is a song that is often RICHARD NIXON LIBRARY measure makes clear the public interest in chanted at protest marches and rallies. It be- AND BIRTHPLACE FOUNDATION, unfettered access for historians and the gen- gins, ‘‘Ain’t gonna let nobody turn us around.’’ November 21, 2003. eral public to the records of the Nixon Presi- That sums up the life of Louise Buie. No one Hon. TOM DAVIS, dency. ever turned her around. Hon. HENRY A. WAXMAN, The National Archives is responsible for Although Louise was best known and most Committee on Government Reform, U.S. House reviewing the recordings and materials from often honored for her civil rights work, she of Representatives, Washington, DC. the Nixon Administration. This is a com- didn’t confine herself to battles for the better- DEAR REPRESENTATIVES DAVIS AND WAX- plicated task of looking at each document MAN: I would like to express our appreciation and determining if the release of that document of the lives of black citizens. Anywhere for your efforts to amend the Presidential ment would invade someone’s privacy or en- there was injustice, Louise could be counted Recordings and Materials Act to remove the danger national security. There are concerns on to speak out and assist those whose rights requirement that the Presidential records of that transferring these materials to Cali- were infringed upon. She became known as the Nixon Administration be housed in fornia would disrupt the processing of them, the little lady with the big heart. Washington, D.C. It has been more than 29 delaying their public release. This bill will Her lifetime of fighting against injustice won years since President Nixon left office. not affect the processing of the records. Pa- her innumerable friends and admirers among Bringing the Nixon Library into the federal pers and tapes that have been processed may people of all races and every economic stra- system under the terms of the Presidential be transferred to the Nixon Presidential Li- Libraries Act and at this time is clearly in brary once an agreement has been reached tum, including myself. Opponents of segrega- the public interest. between the Library and NARA. Those tion came to recognize her as a formidable The public interest is best served by the records that have yet to be processed shall adversary and eventually realized the futility of unfettered access for historians and the gen- continue to be reviewed in a timely fashion holding to their outdated views. Elected offi- eral public to the records of the Nixon Ad- at College Park, MD. At the same time, that cials and other powerful people respected her ministration. We agree that current regula- review should not in any way delay the opinions and welcomed her input and wise tions on public access will continue to gov- transfer of processed records to California. counsel. ern public access to these records in the fu- Sincerely, I knew ‘‘Mrs. L.E. Buie,’’ as she called her- ture; that the records remain the property of TOM DAVIS, self, for a very long time. I cannot possibly cal- the United States; and that the Archivist Chairman, Committee will be responsible for access to the docu- on Government Re- culate the immense value of all that I learned ments at the Nixon Library. It is our under- form. from her. As with so many other people she standing that papers and tapes that have HENRY A. WAXMAN, met in her lifetime, she was an enormous in- been processed may be transferred to the Ranking Minority fluence on me. I know how proud she was of Nixon Presidential Library once an agree- Member, Committee my election to Congress, seeing that victory ment has been reached between the Nixon on Government Re- as validation of her decades-long effort to Foundation and the Archives, but that those form. records that have yet to be processed shall raise African-Americans to a level equal to f that of white citizens. Nevertheless, we both continue to be reviewed in a timely fashion at College Park, Maryland. Of course, the on- knew, and I still know, that America has a long A SPECIAL TRIBUTE TO MAR- going review of records at College Park GARET O’NEILL FOR HER YEARS way to go. should not delay the transfer to California of Two years ago, in an effort to convince a records that have already been processed. OF DEDICATED PUBLIC SERVICE local town to adopt the Martin Luther King, Jr. The Nixon Foundation is eager to complete holiday for its citizens, Louise Buie, at age 87, discussions with the Archivist in a timely HON. PAUL E. GILLMOR fashion and looks forward to that oppor- walked a mile with other marchers and stood OF OHIO tunity. on the steps of the town hall through more IN THE HOUSE OF REPRESENTATIVES than an hour of speeches. When one of my Sincerely, JOHN H. TAYLOR. long-time staff members, who had been sitting Monday, December 8, 2003 down, later commented on her stamina, she U.S. HOUSE OF REPRESENTATIVES, Mr. GILLMOR. Mr. Speaker, it is with great Washington, DC, November 20, 2003. replied, ‘‘I’m used to standing.’’ Until a few pleasure that I rise today to pay special tribute Hon. J. DENNIS HASTERT, weeks before her death, Louise Buie was still Speaker of the House of Representatives, Wash- to an invaluable public servant. Margaret fighting battles and collecting awards. In rec- ington, DC. O’Neill, the Occupational Health Nurse, will re- ognition of the many lives she touched and DEAR MR. SPEAKER: Congressman Waxman tire from her long career of public service on the huge impact that she had on the people of and I seek to memorialize the amendment to January 2, 2004.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.221 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2527 Margaret was born and raised in Belmont, Unfortunately, it is becoming increasingly try professionals from the United States, Mex- Massachusetts and graduated from St. Pat- difficult for U.S. producers to compete against ico, Canada and the European Union attended rick’s High School in 1956. She attended Bos- heavily subsidized foreign producers in do- this event. In recognition of the outstanding ton University’s Medical Center where she ma- mestic and international markets. For exam- work of the Maritime Administration, the Ac- jored in Nursing and graduated in 1960 to ple, the European Union provides subsidies of cord and the Partnership, I request that the begin her distinguished record of public serv- about $11.7 billion per year to its specialty English version of the agreement be inserted, ice. crop growers, while U.S. specialty crop grow- with my comments, into the RECORD. With Michael, her husband of 37 years and ers receive no subsidies. In addition, U.S. spe- The Memorandum of Cooperation, which graduate of the United States Military Acad- cialty crop growers continue to face tariff and constitutes the first such agreement in the Gulf emy at West Point, Margaret spent much of non-tariff trade barriers in many export mar- of Mexico region, calls for information ex- her career serving the soldiers of the United kets, thus making it virtually impossible for our change, technical assistance and collaboration States Army. As a military spouse, she volun- growers to improve sales through increased on issues related to the development of short teered in various capacities for the Army and exports. In turn, production costs have esca- sea shipping in the Gulf of Mexico. It rep- Red Cross worldwide. Her service includes lated due to increased environmental and resents a significant step toward full U.S.-Mex- work in the Fort Meyer emergency room as other regulations, and important crop protec- ico collaboration on this vital trade issue. well as employment as the Occupational tion tools have been lost, thus making it in- The adoption of an enhanced regional em- Health Nurse for the 3rd Infantry motor pool creasingly difficult to operate profitably. phasis on the Gulf of Mexico border states is soldiers and employees serving Arlington Na- Specialty crop growers from California and vital as the NAFTA enters its second decade. tional Cemetery. across the country believe federal agriculture The initiatives set forth in the Memorandum of Her life as a military spouse included 23 policy must address the myriad of unique chal- Cooperation will leverage resources to de- moves across the world in 18 years. Margaret lenges facing their industry to assure its long- velop this ‘‘water border,’’ bolstering homeland and Michael O’Neill are the proud parents of term viability. As such, they have joined to- security, spurring trade expansion, relieving Kathleen, an attorney in Fort Lauderdale, Flor- gether to craft H.R. 3242, and have requested transportation bottlenecks, and reducing pollu- ida. my support. tion through the increased utilization of the Although she retires as the Occupational The bill is designed to increase exports of Gulf of Mexico’s ports and intermodal infra- Health Nurse of the Longworth Building after U.S. specialty crops, improve efforts to protect structure. The Memorandum of Cooperation also calls 12 years of service, Margaret O’Neill will never agriculture from damaging pests and diseases, for support of the ‘‘Gulf of Mexico Trade Cor- slow down. She plans to take time to travel and provide funding for research necessary for ridor Transportation Study’’, which is being and attend Theology classes at Trinity Col- improving the competitiveness of the industry. spearheaded by the business Partnership in lege. In addition, Margaret will continue her The activities authorized by this legislation collaboration with the Accord and its Working volunteer work at St. Peter’s in the District of represent a prudent investment in the future Group on Transportation, Infrastructure and Columbia assisting the poor and homeless. success of our $58.7 billion specialty crop in- Communications. The study is based on the Mr. Speaker, Margaret O’Neill leaves behind dustry. premise that the development of the Gulf of many friends in the Halls of Congress. We are The cost of the bill is relatively modest when Mexico border, with its 62 million inhabitants in lucky to have experienced her compassion compared with other agriculture programs and eleven U.S. and Mexican states, will have im- and will miss her dearly. Her wisdom, kind- most other federal programs. Nevertheless, it mediate and enduring regional impact on effi- ness, and abilities are attributes to which all continues to be critically important, especially cient investment in homeland security, identi- public servants should aspire. She has set an during this period of budget deficits and in- fication of and investment in ‘‘critical’’ physical example for everyone on how to live a life of creased spending for our ongoing War on Ter- infrastructure, tourism and educational devel- service, putting the greater interests of the rorism and homeland security, for Congress to opment, environmental sustainability, and community before one’s own. restrain federal spending. As such, I want to overall community and international economic Mr. Speaker, I ask my colleagues to join me work with the bill’s supporters to find accept- development. in paying special tribute to Margaret O’Neill. able offsets and/or savings from other federal Our nation is served well by having such hon- The Gulf of Mexico basin constitutes a nat- programs that will ensure that the funding au- ural North American economic sub-region, orable and giving citizens, like Margaret, who thorized under this legislation fits within the care about their health and well being. We comprising a seaborne NAFTA ‘‘super- existing budget. highway’’ trade corridor, a common sustain- wish Margaret, her husband, Michael, and I look forward to working with the sponsors able resource for tourism, agriculture, fisheries their daughter, Kathleen, all the best as we of the bill, Congressman DOUG OSE and Con- and aquaculture, and a common homeland se- honor one of our dear friends. gressman CAL DOOLEY, toward future House curity zone. The Gulf represents the ideal lo- f consideration of this important bill for Cali- cation for deepening and broadening the ben- fornia agriculture. SPECIALTY CROP efits of the NAFTA in preparation for the new COMPETITIVENESS ACT OF 2003 f flows of two-way trade that I believe will occur INTEGRATING THE GULF OF under the Free Trade Area of the Americas. HON. WALLY HERGER MEXICO BORDER REGION MEMORANDUM OF COOPERATION AMONG THE OF CALIFORNIA MARITIME ADMINISTRATION OF THE UNITED IN THE HOUSE OF REPRESENTATIVES HON. KATHERINE HARRIS STATES, THE GULF OF MEXICO STATES AC- Monday, December 8, 2003 CORD, AND THE GULF OF MEXICO STATES OF FLORIDA PARTNERSHIP, INC. Mr. HERGER. Mr. Speaker, I am pleased to IN THE HOUSE OF REPRESENTATIVES 1. PARTIES become a cosponsor of the ‘‘Specialty Crop Monday, December 8, 2003 a. The party to this agreement rep- Competitiveness Act of 2003,’’ H.R. 3242, leg- resenting the Maritime Administration islation designed to maintain a viable and Ms. HARRIS. Mr. Speaker, I rise today to (MARAD), is the Maritime Administrator or competitive specialty crop industry in the announce that on November 5, 2003, the Gulf his designated representative. United States. of Mexico States Accord and its business b. The party to this agreement rep- It is important to first note that an abundant, counterpart, the Gulf of Mexico States Partner- resenting the Gulf of Mexico States Accord ship, Inc. signed a Memorandum of Coopera- (GOMSA) will be the President of the Accord affordable supply of highly nutritious fruits, or his designated representative. GOMSA is a vegetables and other specialty crops is vital to tion on Short Sea Shipping with the U.S. De- forum that was created to foster, promote the health of all Americans. Increased con- partment of Transportation’s Maritime Adminis- and implement cooperative relationships be- sumption of fresh produce will provide tremen- tration. The Gulf of Mexico States Accord tween and for the eleven U.S. and Mexican dous health benefits to consumers, as well as comprises a partnership between my home border states that adjoin the Gulf of Mexico. economic benefits to American farmers. state of Florida, Alabama, Mississippi, Lou- c. The party to this agreement rep- It follows that a competitive specialty crop isiana, Texas, and the six Mexican states that resenting the Gulf of Mexico States Partner- industry is necessary to produce and sustain border the Gulf of Mexico. ship, Inc. (the Partnership) will be the Presi- dent of the organization or his designated a safe and nutritious domestic food supply. A The signing ceremony for this Memorandum representative. The Partnership is a non- competitive specialty crop industry is also nec- of Cooperation took place at the MARAD profit private sector Gulf States group that essary to sustain the economic vitality of rural Short Sea Shipping Conference, which oc- shares the GOMSA goal of fostering and pro- communities in northern California, and indeed curred in Sarasota, Florida, a city which is lo- moting interests of the member states and throughout the entire nation. cated in my District. Over 200 maritime indus- region.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.226 E09PT1 E2528 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 2. PURPOSE Providence, Rhode Island where she joined an In spite of his long and hard hours in the a. The purpose of this agreement is to rec- aunt to assist with the upkeep of the home of fields, Miguel excelled academically at ognize and enhance the communications and a Protestant minister. Later, Catherine traveled Mendota High School and found time to par- working relationship among MARAD, to New York City to serve as a caregiver for ticipate in numerous extracurricular activities, GOMSA, and the Partnership in order to ad- a sister struggling with tuberculosis. including wrestling. Upon graduation from dress the common goals of advancing short After her sister passed away, she began sea shipping in the Gulf of Mexico and ensure Mendota High School, Miguel enrolled at Cali- that it is safe, secure, efficient and environ- working for a wealthy family in Manhattan, fornia State University, Fresno, where studied mentally sound. tending the family’s summer home in Long criminology while working for both the b. The agreement serves to facilitate peri- Beach. There she met and married Simon Mendota High wrestling team and the Fresno odic meetings among MARAD, GOMSA and Furey. They moved to Hempstead where they County Economic Opportunities Commission. the Partnership to identify ways the respec- raised two children and became active mem- In May 2001, he became the first person in his tive organizations can assist in the sharing bers of this Long Island community. family to graduate from college, earning a of short sea shipping policy, experience and In the 1950’s, Catherine began an 11-year Bachelor’s degree in criminology from CSU related information. vocation with St. Joseph Catholic School in Fresno. 3. RESPONSIBILITIES Garden City where she ran the cafeteria. She Following his graduation, Miguel began a. MARAD will share with GOMSA and helped to see that countless schoolchildren working for me as a staff assistant in my dis- Partnership MARAD’s short sea shipping were content and always received a warm trict office, where he made a very strong im- i. goals, policies, and experience so as to meal. After her decade of service to the allow these organizations to use their exten- pression both with me, and with the constitu- sive school, Catherine continued to work and to ents contacting my office. He was promoted to ii. state and business networks to improve play an active role in the lives of children by caseworker, where he specialized in immigra- maritime efficiency, commercial viability, serving as a babysitter for working families in tion issues facing the people of my district. and our community, a job she happily performed It was in this role where Miguel provided his iii. short sea shipping opportunities as until her early eighties. most significant contribution to his community. they arise. Last April on her birthday, Catherine re- Miguel has become an expert in the process b. GOMSA and the Partnership will share ceived a letter from Mary McAleese, President of immigration to the United States by helping information and experience with MARAD so that they can assist in the accomplishment of Ireland, congratulating her on being the old- many people in my district obtain visas, work of MARAD objectives to ease traffic conges- est living Irishwoman. Catherine Furey was permits, and citizenship. tion, improve transportation safety, and ele- not only the oldest living Irishwoman, but also Miguel was a leader in developing and exe- vate the quality of life in the Gulf States re- the oldest living Long Islander at the time of cuting the Mendota Project, which counseled gion through cooperative short sea shipping her death on December 2nd at the age of 110. parents and students at Mendota High School efforts. It is amazing to think of the events Cath- on the timeline of the immigration process and c. MARAD, GOMSA and the Partnership erine experienced over the course of her life- advised students on how to continue their will consult and share information in sup- time. When she arrived in America looking for education in colleges and universities while port of a ‘‘Gulf of Mexico Trade Corridor a better life, women could not vote and were Transportation Study’’, a long-range Part- they waited for their legal immigration papers. nership project to highlight new commercial not able to be full participants in society. She The Mendota Project provided significant as- opportunities, inventory Gulf of Mexico in- lived not only to see the role of women evolve, sistance to many people in my district who frastructure assets, and to identify and as- but to see this country emerge stronger than were struggling with immigration issues. Be- sess gaps in existing transportation infra- ever from World War I, World War II, and the cause of Miguel’s leadership and dedication to structure. Great Depression. New York was at the fore- the people of his community, the Mendota d. This agreement is effective upon the sig- front of innovation during the past century, and Project was an incredibly successful immigra- nature of the parties. It is informal in nature she was right there to witness this tremendous tion education venture. His expertise on immi- and may be modified by mutual agreement or terminated by any party at any time. The transformation. gration policy was also apparent when, earlier parties pledge to act in good faith at all Her life is an inspiring story of both strength this year, he counseled a summer intern in my times and to use their best efforts to accom- and wisdom. She is survived by her son and office through the process of obtaining citizen- plish the purposes summarized herein. This daughter, along with 9 grandchildren and 14 ship. Miguel’s commitment to improving and partnership does not obligate MARAD to ex- great-grandchildren. assisting the immigrant community has not pend any funds. f only been important to my office, but to the Signed the 5th day of November 2003 in residents of the San Joaquin Valley. triplicate, in Sarasota, Florida in the RECOGNIZING MIGUEL ARIAS AS I want to express my congratulations to English and Spanish languages, each version HE IS SWORN IN AS A UNITED Miguel as he reaches the culmination of a being equally valid. STATES CITIZEN [Capt. William Schubert, Administrator, very long process that required a lot of hard for the U.S. Maritime Administration] [Gary work. Miguel has set a tremendous example L. Springer, Secretary-General, Gulf of Mex- HON. CALVIN M. DOOLEY for many of the immigrants he has helped ico States Accord] [Robert Hendry, Director, OF CALIFORNIA while working in my office. Because of his Gulf of Mexico States Partnership, Inc.] IN THE HOUSE OF REPRESENTATIVES hard work, determination, and community in- f Monday, December 8, 2003 volvement, I have no doubt that he will continue to be an important role model in his COMMEMORATING THE LIFE OF Mr. DOOLEY of California. Mr. Speaker, I community. CATHERINE FUREY rise to pay tribute to a young man who is In conclusion, Mr. Speaker, I want to con- being sworn in today as a citizen of the United gratulate Miguel Arias today as he is sworn in HON. TIMOTHY H. BISHOP States of America. Over the past 2 years, as a citizen of the United States of America. Miguel Arias has been a member of my staff OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES in my Fresno, California and Washington, DC offices. Over that time, Miguel has shown that LOCKPORT HIGH SCHOOL/CLASS 8A Monday, December 8, 2003 he is dedicated to his family, his friends, his STATE FOOTBALL CHAMPIONS Mr. BISHOP of New York. Mr. Speaker, I community, and his country. I am honored to rise today to commemorate the life of Cath- rise in this chamber and welcome Miguel as a HON. JUDY BIGGERT erine Furey, a constituent of mine who re- citizen of the United States. OF ILLINOIS cently passed away, and was proud to call Miguel was born in Apatzingan, a small city IN THE HOUSE OF REPRESENTATIVES Long Island home. She lived to mark a land- in the state of Michoacan, Mexico. He and his mark occasion that many of us strive for but mother, Teresa Arias, immigrated to the Monday, December 8, 2003 very few of us reach: Catherine lived to cele- United States when he was 2 years old. The Mrs. BIGGERT. Mr. Speaker, I rise today in brate her 110th birthday. Arias family settled in Mendota, California, a honor of Lockport High School’s football team, Catherine was born in County Roscommon, small farming community on the western edge the Porters. Under the leadership of head Ireland, on April 6, 1893. At age 20, Catherine of the San Joaquin Valley. It was in Mendota coach Bret Kooi, the Porters recently beat the left her family and friends in Ireland to make that Miguel began working in the fields picking Maine South High School Hawks, 48Ð27, to a better life for herself in America. When she onions, tomatoes, and melons to earn extra capture their second straight Class 8A state arrived in Boston, she immediately moved to money for his mother, sister, and five brothers. championship in football.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.229 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2529 As any athlete will tell you, although it is also leaves behind a legacy of outstanding Distinguished Lecture Series at The University hard to win one championship, it is a true test public service that should inspire us all of Texas at Tyler, Tyler Museum of Art, YMCA of greatness to come back and repeat as throughout our years of service to this country. and other worthy organizations. champion. All season the Porters have passed f Dolly’s vivacious, wonderfully engaging per- this test with flying colors, which is why I know sonality, her intelligence, her genuine compas- the entire community is proud of Coach Kooi TRIBUTE TO DOLLY DEIBEL AND sion for others, and her willingness to work and the team. HER LEADERSHIP IN THE FIGHT hard and to accomplish difficult tasks enable In their drive for back-to-back champion- AGAINST CANCER her to succeed in any cause or event that she ships, the team featured a high powered of- tackles. Tyler and the State of Texas have fense with one of the most prolific passing at- HON. RALPH M. HALL benefitted greatly from her dedication to im- tacks in the history of Illinois High School Ath- OF TEXAS proving the lives of others, and she and her letics. IN THE HOUSE OF REPRESENTATIVES husband, John, are one of the dynamic cou- Mr. Speaker, although this is a great accom- Monday, December 8, 2003 ples in Tyler who are making a difference in plishment, it is just the newest chapter in their community. As we adjourn today, I want Lockport High School’s storied history. Over Mr. HALL. Mr. Speaker, I rise today to pay to commend Dolly Deibel for her extraordinary the years, teams from Lockport High School tribute to an outstanding East Texan and ar- efforts on behalf of others, and in particular have won state championships in a number of dent supporter of The University of Texas her support of the children of M.D. Anderson sports including bowling and cross country. M.D. Anderson Cancer Center, Dolores M. Cancer Center and the fight against cancer. But Lockport High School’s successes are ‘‘Dolly’’ Deibel of Tyler, Texas. Dolly has long Best wishes to all those who are supporting by no means confined to the athletic field. In been one of Tyler’s philanthropic and civic the ‘‘Light up Tomorrow . . . for the Children’’ the academic field, there’s more good news. leaders, and for the past two years, has benefit in Tyler on December 17—and may Since 2000, the number of students taking Ad- chaired the ‘‘Light up Tomorrow . . . for the the light of Christmas shine upon this event. vanced Placement courses has risen to 420, Children’’ benefit to raise funding and public God bless. awareness for the Pediatric Division at M.D. an increase of 60 percent. In addition, Lock- f port High School students scored well above Anderson and the Children’s Art Project. This the national average on the ACT exam, and year the event will be held on December 17 in DECLARATION OF PARTICIPANTS last year, 91 percent of Lockport High School Tyler. OF FIRST CONGRESS OF WORLD students went on to college. Dolly has served as an Associate Member AND TRADITIONAL RELIGIONS Congratulations, Porters, for your many ath- of the Membership Committee of The Univer- letic and academic successes this year, last sity Cancer Foundation Board of Visitors since HON. JOSEPH R. PITTS year, and over the years. Keep up the good September, 2000, and has been reappointed OF PENNSYLVANIA work. every year thereafter. Her efforts on behalf of IN THE HOUSE OF REPRESENTATIVES f M.D. Anderson are well-known, and the pediatric benefit has received strong community Monday, December 8, 2003 HONORING BARRY MCNUTT backing. This year the holiday gala enjoys the Mr. PITTS. Mr. Speaker, I would like to sub- generous sponsorship of dozens of community mit for the CONGRESSIONAL RECORD the fol- HON. W.J. ‘‘BILLY’’ TAUZIN leaders and supporters. lowing Declaration of the Participants of the OF LOUISIANA Mr. Speaker, I have a special appreciation First Congress of World and Traditional Reli- IN THE HOUSE OF REPRESENTATIVES for—and owe a debt of gratitude to—the dedi- gions hosted in Kazakhstan earlier this fall. cated staff and leadership at M.D. Anderson One of the most important aspects of this Monday, December 8, 2003 Cancer Center. Several years ago, my grand- gathering was the emphasis on reconciliation Mr. TAUZIN. Mr. Speaker, we are on the son Jay was stricken with cancer, and through and the final declaration recognizing the right verge of an historic moment in the 108th Con- the valiant efforts and superb treatment avail- of each individual to ‘‘freely be convinced of, gress as we move to pass a significant revi- able at M.D. Anderson, Jay was one of those choose, express and practice his/her religion.’’ sion of our Nation’s energy policy. But indeed, fortunate cancer patients who pulled through. Much of the tension in the world today is over this is also a sad time for us and for everyone I will be eternally grateful for the treatment that the refusal of one group to allow another in the energy community. I have learned and Jay and countless others have received there, group or individual to peacefully practice his or announce with regret, the passing of Mr. Barry and I appreciate Dolly’s efforts in supporting her religious beliefs. I would like to commend McNutt, a distinguished energy policy analyst the children of M.D. Anderson. President Nazarbayev for convening this im- and outstanding public servant who served at Dolly has been a longtime advocate in the portant conference and I would like to com- the United States Department of Energy since fight to eradicate cancer. Last year, in recogni- mend all participants in the conference. its inception. Many of us who have been close tion of her tireless efforts on behalf of The DECLARATION OF THE PARTICIPANTS OF THE to energy policy issues over the years will rec- American Cancer Society over the past twen- FIRST CONGRESS OF WORLD AND TRADI- ognize Barry’s mark on this energy legislation ty-five years, the Deibel family joined with the TIONAL RELIGIONS because he was a strong advocate for in- American Cancer Society to name a room in We, the participants of the First Congress creasing domestic energy supplies and im- her honor at the new building serving the of World and Traditional Religions, held proving energy efficiency. While we may have Smith County Unit in Tyler. Over the years, from 23 to 24 September 2003 in Astana, the disagreed with Barry’s analysis at times, we Dolly has served the Smith County Unit of The capital of the Republic of Kazakhstan. Recognizing the right of each human person always respected it because we knew it was American Cancer Society as Board member, to freely be convinced, choose, express, and coming from a man with great intellectual gifts public relations chairman, district chairman, practice his/her religion. and unblemished integrity. committee member of Cattle Baron’s Gala, Considering inter-religious dialogue as one Barry McNutt was only interested in good Chili Rose Bowl and Great American of the most important instruments for en- policy not politics, but he recognized that good Smokeout. She has served as a Board mem- suring peace and harmony among peoples policy happens through the legislative process. ber of the State division of The American Can- and nations. He worked tirelessly to formulate policy op- cer Society, including service on the Commu- Supporting the efforts of the United Na- tions that informed and enlightened the proc- nications Committee, Great American tions, other relevant international and regional organizations, as well as Govern- ess. He always knew his role as a Federal Smokeout, Legislative Day at the Capital, and ments, civil societies and non-governmental employee and he understood the important Women and Smoking Committee, among organizations in the promotion of dialogue part he played in forming policy. Barry often many other activities. She has received nu- among civilizations. told his colleagues that the most important merous awards for her many contributions. Confirming the importance of religion for thing is to produce solid analysis that will Dolly also has been actively involved in the well being of all mankind. stand the test of time and he did that with tal- countless philanthropic, civic, and political ac- Condemning the misuse and misrepresenta- ent and great care. Barry was 57 years old tivities in Tyler, as so many look to her for tions of religions and the incorrect use of dif- when he died on Sunday, November 16 at his leadership, inspiration, and support. She has ferences among religions as a means for achieving selfish, disruptive and violent home in Arlington, Virginia, after a long and devoted her time and talent to numerous goals. courageous battle with cancer. He leaves be- causes, including the Women’s Symphony Conscious of: The declining sense of respect hind a beloved wife Andrea and a brother, and League of Tyler, Tyler Rose Festival, Literacy for the sanctity of human life and the dig- many colleagues who will miss him, but he Council of Tyler, Dallas Summer Musicals, nity of every human person.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.233 E09PT1 E2530 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 The serious challenges posed to global sta- INTRODUCTION OF THE FAIRNESS cleus of our public school system, and we bility by poverty, hunger, illiteracy, disease, TO LOCAL CONTRACTORS ACT cannot continue to band-aid these educational immorality and lack of access to clean water atrocities. and health care. The recourse to oppression, cruelty and vi- HON. ED CASE Mr. Speaker, over the past quarter of a cen- olence as the principle instruments for re- OF HAWAII tury, the percentage of student dropout rates solving disputes. IN THE HOUSE OF REPRESENTATIVES has stayed relatively unchanged. In fact, there The ecological crisis in which the world Monday, December 8, 2003 are over 519,000 dropouts in America every finds itself, with grave consequences for year. Essentially, Mr. Speaker, America’s present and future generations. Mr. CASE. Mr. Speaker, I rise today to intro- dropout rates are the ‘‘unintended con- Declare: That the promotion of the values duce legislation to ensure that out-of-state sequences’’ of our failure to invest the appro- of Tolerance, Truth, Justice and Love must Federal contractors doing business in the var- be the aim of any religious teaching. priate resources and programs in public ious States fully comply with local State laws. school infrastructures. That extremism, terrorism and other For years, my home State of Hawaii has forms of violence in the name of religion struggled to force out-of-state Federal contrac- When students drop out of school, there is have nothing to do with genuine under- tors to pay local taxes. This issue became so a simultaneous spiral effect that leads to a standing of religion, but are a threat to serious in the mid-1990s that the State of Ha- host of troubling issues, such as teenage human life and hence should be rejected. pregnancies, juvenile delinquencies, and even That the diversity of religious beliefs and waii sued out-of-state Federal contractors for practices should not lead to mutual sus- failing to pay State taxes, penalties, and inter- criminal activities. It is well-known that teen- picion, discrimination and humiliation but est ranging from $191,000 to $324,000. Non- age girls who drop out of school are approxi- to a mutual acceptance and harmony dem- compliance with State laws has become such mately 50 percent more likely to have a teen- onstrating distinctive characteristics of each an acute problem that the Hawaii Department age pregnancy than girls who complete their religion and culture of Taxation has joined with other State depart- high school education. Mr. Speaker, it is not a That religions must aspire towards greater ments and members of the Hawai ‘i congres- mystery to me, where the problem lies, when co-operation, recognizing tolerance and mu- sional delegation to devise ways to make Fed- an estimated eight out of 10 prisoners are tual acceptance as essential instruments in eral contractors comply with State tax laws. high school dropouts. These obvious correla- the peaceful co-existence of all peoples. The bill I introduce today will solve this tions are not a matter of happenstance. That educational programs and the means of social communication should be essential problem by requiring the Federal government I believe we have a responsibility to remedy instruments for promotion of positive atti- to withhold from any Federal contractor doing these issues through effective comprehensive tudes towards religions and cultures. business in any State the amount necessary programs in public education. That inter-religious dialogue is one of the to pay the State tax liability due under its con- key means for social development and the tract, with the amount withheld paid directly to Mr. Speaker, this is the reason I am intro- promotion of the well-being of all peoples, the State where the work is performed. The ducing the Vocational Opportunities and In- fostering tolerance, mutual understanding bill would also direct the Federal government struction through Cooperative Education Act, and harmony among different cultures and to require a contractor to be licensed in the also known as the VOICE Act of 2003. This religions, and operating to bring an end to State in which a construction contract is to be bill would require the Secretary of Education conflicts and violence. to conduct a pilot study that would examine ef- That the entire human family must be en- performed. Besides assuring prompt and full payment fective cooperative education programs in high couraged to overcome hatred, enmity, intol- schools across the nation. erance and xenophobia. of State taxes, these requirements will also We shall strengthen co-operation in pro- help ensure that out-of-state contractors follow The goal of my legislation is to promote al- moting spiritual values and the culture of the same set of rules and compete on equal ternative learning environments through dialogue with the aim of ensuring peace in footing for Federal contracts with local con- school-to-work programs that have been prov- the new millennium. tractors. Ignoring State laws gives out-of-state en to be a successful strategy in preventing We are ready to strain every effort not to contractors an unfair and illegal advantage high school dropouts. We know that coopera- allow the use of religious differences as an over local contractors, who routinely face tive education is an effective approach in re- instrument of hatred and discord, in order to much stricter scrutiny to comply with their local ducing dropout rates. Mr. Speaker, School-to- save mankind from a global conflict of religions and cultures. laws and much stricter penalties for failing to Work programs, not only prevent dropout We look forward to joint actions to ensure do so. rates, but research also demonstrates that peace and progress for humanity and to fos- This bill is modeled after legislation intro- linking academic course work to career-related ter the stability of societies as the basis for duced by my predecessor, the late Congress- curriculum in the workplace, consistently in- a harmonious world for the future. woman Patsy T. Mink, who understood that creases student achievement. We thank the Republic of Kazakhstan and out-of-state contractors must fulfill their legal My legislation would also create paid part- his Excellency President Nursultan responsibilities wherever they conduct their nerships for students who participate in the Nazarbayev for initiating and hosting this business. By reintroducing an expanded and Congress. program. This is an important piece of my leg- refined version of her earlier bill, I will continue islation because when these students are May our commitments be blessed and all her fight to help State governments police un- the peoples of the world be granted justice, paid, it reinforces our commitment to excel- peace and prosperity. ethical contractors. I urge my colleagues to lence through education while rewarding the support this bill. RESOLUTIONS OF THE FIRST CONGRESS OF efforts of the students. My bill, the VOICE Act f WORLD AND TRADITIONAL RELIGIONS of 2003, provides a win-win program for The participants of the First Congress of NATIONAL EDUCATION WEEK schools, community businesses and organiza- World and National Religions, held from 23 tions, and most importantly the students. Stu- to 24 September 2003 in Astana, the capital of dents will benefit from this program because it the Republic of Kazakhstan. HON. BOBBY L. RUSH creates an avenue for both high academic Taking into consideration the fruitful ex- OF ILLINOIS achievement and financial incentives. And the change of views on the role of religions in IN THE HOUSE OF REPRESENTATIVES partnership between community businesses promoting peace and harmony in the world. Monday, December 8, 2003 and organizations and the schools will assure Expressing common understanding on the Mr. RUSH. Mr. Speaker, today, I rise in rec- highly skilled, motivated and experienced high need to continue constructive dialogue school graduates, which is an investment for among representatives of the world’s reli- ognition of the National Education Week that gions. was celebrated during the week of November the future workforce. HAVE RESOLVED: To convene the Con- 17th through November 22, 2003. The theme Mr. Speaker, if America is serious about gress at least once every three years; To ap- was ‘‘Great Public Schools for Every Child— keeping our promise of providing great public prove the following title of the Congress— America’s Promise.’’ Although we triumphantly schools for every child, then we must do ev- ‘‘the Congress of World and Traditional Reli- celebrated American education during that erything in our power to integrate cooperative gions’’; To request the Republic of Kazakhstan, as the initiator of the Congress, time, we must acknowledge that we have education programs into every public school to elaborate all aspects related to the estab- failed to fulfill the promise of ensuring a quality classroom across this nation. It is my hope lishment of the Secretariat; To convene the education for every student, regardless of their that all my colleagues will join me in the strug- Second Congress in Astana, the Republic of socio-economic background. Mr. Speaker, gle to improve the quality of public education, Kazakhstan. there is an underlying problem with the nu- by cosponsoring this much needed legislation.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.237 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2531 DECEMBER SCHOOL OF THE vising Attorney of the Legal Services Unit, he search in this country. Now, they want to use MONTH, NEW YORK’S 4TH CON- promoted and practiced the ideal that the law their considerable resources to destroy this GRESSIONAL DISTRICT must be accessible to those whom it affects. promising research field throughout all United Mr. Elbrecht graduated from Yale University Nations member countries. And who will suffer HON. CAROLYN McCARTHY in 1955 with a degree in economics and a if this effort is successful? People of all races, OF NEW YORK focus on money, banking and the antitrust law. creeds, religions who suffer conditions as var- IN THE HOUSE OF REPRESENTATIVES He also attended the University of Michigan ied as Alzheimer’s disease, Parkinson’s dis- Law School and earned his J.D., 1960. Mr. ease, diabetes, chronic heart disease and spi- Monday, December 8, 2003 Elbrecht worked for Legal Aid, the National nal injuries. These are the individuals who Ms. MCCARTHY. Mr. Speaker, it’s with Consumer Law Center and in private practice have the most to lose if therapeutic cloning is great pride that I announce Franklin Elemen- in San Jose and Santa Cruz. banned. tary School in the Hempstead Union Free But his greatest impact on the people of The following is a statement released by School District as School of the Month in the California was made during his years at the Don Reed who is a constituent from Fremont, Fourth Congressional District for December Department of Consumer Affairs where he California. Don and his wife Gloria are tireless 2003. constantly inspired his staff and co-workers advocates of spinal cord research. Their inter- The Principal of Franklin Elementary School through his intellect, enthusiasm and energy. est in this area is passionate and very per- is John W. Moore. Regina Armstrong and He has created and maintained a work envi- sonal. Their son Roman was a star college Carolyn Townes-Richards are the Assistant ronment where excellence and innovation football player until he was paralyzed by a Principals, and the Superintendent of Schools flourished. His unit provides a wide range of game injury that broke his neck. Since the ac- is Dr. Nathaniel Clay. Franklin Elementary legal services, including legislative drafting, cident, Roman has been confined to a wheel- School is the largest elementary school in the advocacy before administrative agencies, liti- chair. The Reeds are very much aware of the Village of Hempstead with over 750 students gation and education. He has personally promise of therapeutic cloning and stem cell in grades Kindergarten through 5, and 115 worked in a variety of areas of importance to research to someday help their son, and many dedicated staff members. The faculty work to consumers, including banking, electronic funds others, to live less restricted lives. This state- fulfill the school’s mission: To achieve a safe transfer, telecommunications, insurance, sales, ment describes the efforts of the Administra- and secure educational environment that pro- warranties, credit and cable communications. tion at the United Nations and provides a motes working with parents and the commu- He helped design and administer California’s poignant view of its effect on his spinal injured nity to ensure that all students reach and state quality awards program and has person. maintain high academic standards. formed research on the application of com- WHITE HOUSE BEHIND CHRISTMAS ATTACK ON Despite various factors the students must puters and telecommunications to education. STEM CELL RESEARCH? overcome, they have shown, and maintained, Through this work, Elbrecht has achieved ‘‘This is like Scrooge putting Tiny Tim’s academic progress in their pursuit to achieve many extraordinary accomplishments on be- doctor in jail,’’ said stem cell activist Don C. and exceed the standards set by the school. half of California’s consumers. He drafted the Reed today, reacting to news that White The school’s motto, ‘‘Your choices determine 1991 and 1992 rewrites of the California Small House officials were part of a stealth cam- your destiny.* * * Choose them wisely,’’ puts Claims Act and supervised coordination of the paign at the United Nations to internation- the students’’ future in their hands and they Small Claims Court Experimental Project, ally ban all forms of cloning with an up-or- have succeeded. Through the rich and diverse which led to numerous significant improve- down vote planned for December 8. cultural wisdom of its students and staff, ‘‘My son is paralyzed with a spinal cord in- ments to the small claims court process. He jury,’’ said Reed. ‘‘Therapeutic cloning for Franklin Elementary School has distinguished fundamentally reformed practices for selling stem cells is our only realistic hope of cure: itself as a community, county and a national hearing aids through his representation in that he will one day stand up and walk. But resource. Recognized as a national school of People and Director v. Beltone Electronics the White House continually attacks that re- excellence, Franklin Elementary School this Corp. He assisted policy makers in developing search, apparently because of the religious year received from the Department of Edu- regulations of interest rates in retail installment convictions of the President.’’ cation the National Blue Ribbon award. The sales. He played a key role in the As reported in Thursday’s Financial Times honor is awarded annually to schools to ac- conceptualization and enactment of the Cali- of London, the Bush-backed Costa Rica plan would ban cloning everywhere. This would knowledge the achievements and hard work of fornia Lemon Law, the Song-Beverly Con- overturn the November 6 vote by the U.N.’s the students, staff members, families and sumer Warranty Act and the Moore Universal Legal Committee. By a razor-thin margin, community. Telephone Service Act. (80–79, with 15 nations abstaining) that vote Franklin Elementary School’s band has I ask my colleagues to join me in thanking postponed a decision on the controversial been locally and nationally recognized and is Richard A. Elbrecht for his many years of therapy for two years. regarded as one of the best elementary school service to California’s consumers. His advo- ‘‘Mr. Bush did not like the way that vote bands in New York State. The band has par- cacy and hard work will be greatly missed, turned out,’’ said Reed. ‘‘And he wants a new ticipated in numerous community events re- and we wish him much happiness and con- vote. Well, I did not like the way the 2000 sulting in its adoption by the Eastern Regional Presidential election turned out, but I don’t tentment in his retirement. get to have that vote re-done. Millions of Federal Aviation Headquarters. The organiza- f people will suffer, if the President can over- tion has given students mentorship, tours of its turn the November 6th U.N. vote. That vote facilities, awards and career advice. It is a re- ADMINISTRATION’S ATTEMPT TO BAN THERAPEUTIC CLONING did not approve or disapprove therapeutic lationship benefiting both sides, which I hope cloning. It only says, we should take time to will be maintained in the future. WORLDWIDE make this important decision carefully. Mr. Speaker, the faculty and students, of What’s wrong with that?’’ Franklin, along with the community, have cre- HON. FORTNEY PETE STARK A more moderate measure, sponsored by Belgium and backed by the UK, would ban ated a wonderful learning environment. I am OF CALIFORNIA reproductive cloning but allow member na- IN THE HOUSE OF REPRESENTATIVES proud to name Franklin Elementary School the tions to make their own decisions on thera- school of the month for December 2003. Monday, December 8, 2003 peutic cloning for medical research. This is f Mr. STARK. Mr. Speaker, I rise today to opposed by the President, the Catholic church, and anti-abortion organizations. HONORING RICHARD A. ELBRECHT make clear to my colleagues how the current ‘‘The American Medical Association sup- Bush Administration and their cadre of reli- ports therapeutic cloning,’’ says Reed. ‘‘As HON. GRACE F. NAPOLITANO gious zealots are again attempting to impose does our own National Academy of Science.’’ OF CALIFORNIA their ideological views not just across our Exhaustive studies have been done on therapeutic cloning again and again, both nation- IN THE HOUSE OF REPRESENTATIVES country, but across the world. The Administra- tion, with the backing of the anti-abortion ally and in the state of California, as well as Monday, December 8, 2003 movement and several predominantly Catholic in countries like England, Israel, Singapore Mrs. NAPOLITANO. Mr. Speaker, it is with countries, is strongly lobbying members of the and China. All arrive at the same conclusion: reproductive cloning of children is dangerous great pride that I rise today to honor Richard United Nations General Assembly to vote for to the unborn child, and should be banned; A. Elbrecht on the occasion of his retirement a resolution to enact a worldwide ban on but therapeutic cloning of stem cells is po- from the California Department of Consumer therapeutic cloning. tentially enormously valuable to cure hun- Affairs, an agency with which Elbrecht has The Administration was not satisfied with dreds of diseases and disabilities, and should served the public since 1976. As the Super- their successful effort to cripple stem cell re- be preserved.

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.242 E09PT1 E2532 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 ‘‘None of the stem cell lines approved by driving the move to incorporate the City of Cit- I am touched by his sacrifice and his service. the White House can ever be used to help rus Heights. In fact, with the birth of the City I am honored by his presence in my commu- people,’’ says Reed. ‘‘Because all of those of Citrus Heights in 1997, Bill Hughes was nity, and I ask you to join me as I salute Mr. stem cells were fed on rat feeder layers, which not only brings the possibility of sworn in as its first mayor. During his seven Thomas and his outstanding display of com- interspecies infection, but also disqualifies years on the city council, including three as passion and bravery. them for human use according to FDA guide- mayor, he spurred the creation of neighbor- f lines. To individualize embryonic stem cells hood associations, guided major economic de- for human use, therapeutic cloning for cells velopment efforts, and improved local law en- TRIBUTE TO BOB GRAHAM is a must.’’ forcement. Due to his leadership, the city is ‘‘If therapeutic cloning is banned, embry- well regarded as a responsive, user-friendly HON. JOHN J. DUNCAN, JR. onic stem cell research is effectively killed,’’ said Reed, ‘‘and my son is imprisoned in his local government. OF TENNESSEE wheelchair forever. This is not the sort of In his one year of retirement, Bill fulfilled IN THE HOUSE OF REPRESENTATIVES Christmas present one expects from the personal goals such as climbing Mount Shasta Monday, December 8, 2003 President of the United States.’’ and sailing the entire coast of California. He My fellow colleagues; advanced cellular re- also elevated his civic involvement by taking Mr. DUNCAN. Mr. Speaker, sometimes ordi- search is a ray of hope for the Reeds and on increased leadership roles in regional af- nary people do extraordinary things. We do many others. And this hope is based in reality. fairs. This year, he chaired the Sacramento not have to be rich or famous to leave a posi- According to the National Institutes of Health, Area Council of Governments and was the en- tive and lasting legacy to this world. therapeutic cloning and stem cell research has ergy behind its Blueprint Project to direct re- Bob Graham, one of my constituents from ‘‘enormous’’ potential to improve the lives of gional transportation and land use planning, Knoxville, TN, was one of those people. Mr. many. We should not interfere with this Mr. Speaker, I wish to publicly thank you Graham was the long-time supervisor of ath- progress; we should embrace and support it. and the rest of our colleagues for appro- letic officials for the City of Knoxville and a I ask you to join me and protest the efforts of priating funding this year to support this vision- long-time volunteer leader in our community. the Bush administration at the United Nations ary project which will help the greater Sac- Bob Graham loved children, and he gave to ban therapeutic cloning. ramento region focus and direct its develop- tirelessly of himself to thousands of young people throughout his career. Many people re- f ment according to community desires and principles of good planning. member him from his days as a youth base- TRIBUTE TO MR. WILLIAM ‘‘BILL’’ Despite his involved professional and civic ball, football, and basketball coach. Everyone HUGHES life, Bill actively fulfilled his church and family who knew him remembered him as a great responsibilities. He is survived by his lovely leader and role model for our children. This HON. JOHN T. DOOLITTLE wife Sarah, daughters Yolanda and Kymbra, Nation would be a much better place if there OF CALIFORNIA sons Jarom, Jashon, Corom, and four grand- were more people here like Mr. Graham. IN THE HOUSE OF REPRESENTATIVES children. Bob Graham passed away following a Monday, December 8, 2003 As an elected official, I appreciated Bill’s lengthy illness on November 28th. He will be hard work and professionalism. As his friend remembered fondly by his family and friends Mr. DOOLITTLE. Mr. Speaker, today I wish of over 20 years, I appreciated his sincerity and the countless young people he helped to pay tribute to an outstanding citizen and a and good nature. I join with his family, friends, through the years. close friend, Mr. William ‘‘Bill’’ Hughes, from colleagues, and constituents in celebrating his Mr. Speaker, I have attached a copy of a Citrus Heights, California. Well known for his life and mourning his passing. We will surely tribute to Mr. Graham that ran in the Knoxville dedication to family, faith, and community, Bill miss him. News Sentinel that I would like to call to the Hughes passed away unexpectedly on No- Rest in peace, Bill. attention of my colleagues and other readers vember 25, 2003, while visiting family in Utah of the RECORD. for Thanksgiving. He was 55 years old. f HELPING KIDS WAS GRAHAM’S FOCUS UNTIL Though seemingly cut short, Bill’s life was, TRIBUTE TO MR. WILLIAM HIS DEATH nonetheless, filled with much experience, ac- THOMAS (By Chuck Cavalaris) complishment, and success. Very fittingly, Bill Hughes was born on the HON. DONALD M. PAYNE Rare is the occasion when just three words Fourth of July in Colorado Springs, Colorado can sum up the essence of a person’s life. OF NEW JERSEY Such is the case with a great man like Bob in 1948. Raised on his parents’ ranch, he IN THE HOUSE OF REPRESENTATIVES Graham, who passed away Friday night. grew up enjoying the outdoors and engaging Monday, December 8, 2003 His three words were all about, ‘‘Helping in hard work. He could often be found on the kids.’’ horseback, even as a small child. When the Mr. PAYNE. Mr. Speaker, I rise today to Bob always had a handy explanation for Hughes Family moved to the rural community recognize and offer my congratulations to a those 14-hour days and frequent weekends at of Orangevale in Sacramento County, Cali- hero in my community, Mr. William Thomas. a ballpark. fornia, Bill’s interests grew to include flying During this holiday season, we are lucky to ‘‘I just want to do whatever I can to help small aircraft out of the old Phoenix Field. have such a heartwarming reminder of the the kids,’’ he said. After graduating from Bella Vista High Anyone who had the privilege of knowing goodness within the human spirit. the supervisor of athletic officials for the School, Bill served as a missionary of the As Mr. Thomas was riding to work with his city of Knoxville would agree: he is an all- Church of Jesus Christ of Latter-Day Saints, wife, Jamelia, and two of their children, on time great in this regard. ministering among the Spanish-speaking pop- East Hazelwood Avenue in Rahway, NJ, he This stocky, blue-eyed former lineman and ulation of Southwest Texas. Upon his return saw a group of people gathered along the riv- kicker from Oliver Springs High School be- home, he met and married the love of his life, er’s edge. Upon stopping, he observed a came a youth baseball, football and basket- Sarah. Together, they soon started a family woman flailing in the water. ball coach (1956–1982) who helped thousands and settled in Citrus Heights. Disregarding his own safety, and not much of kids. He also found time in the 1970s to be Having completed a Bachelor of Science of a swimmer himself, Mr. Thomas dove into a TSSAA football referee and was a baseball degree in criminal science at California State scout for the St. Louis Cardinals. the 50 degree water to rescue the drowning To many people, Bob Graham was the tire- University, Sacramento, Bill launched a three woman. Struggling to control the panicking, less volunteer leader at Badgett Field. His decade career in law enforcement. Following a hysterical woman, he managed to pull her passion led to a full-time job offer by former two-year stint with the Federal Bureau of In- close enough to the shoreline for police offi- recreation department director Maynard vestigation, he accepted a position with the cers to draw her from the river. Glenn. Talk about a great hire. Roseville Police Department. In his 28 years He then returned home to quickly shower ‘‘Bob is probably the most-conscientious on the force, he helped found the SWAT and change clothes, setting out again on his person I have ever known,’’ said Norman team, spearheaded the implementation of drive to work at the Woodbridge Develop- Bragg, who worked with Graham for many neighborhood policing, and eventually rose to mental Center in Avenel. He later discovered years. ‘‘Nowadays, you just don’t replace someone like that. He did what he did with- the rank of lieutenant. Strangely, he passed that the drowning woman also worked at this out asking for a single thing in return—that away exactly one year from the day he retired state-run residential facility for the mentally was just Bob.’’ from the department. and physically impaired. They had never met. Sure, he loved his children—all seven of Mr. Speaker, Bill also displayed great con- Without a thought for his welfare, Mr. Thom- them—and he was really proud of his cern for the future of his own community by as placed another human’s life above his own. grandkids. But he also cared deeply about

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.245 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2533 the scruffy, undersized youngsters who often referred to as coalbed methane. An Oc- These are not onerous requirements, but didn’t even know how to hold a softball bat tober 2000 United States Geological Survey they are very important—particularly with the or throw a baseball. He took great delight in report estimated that the U.S. may contain great increase in drilling for coalbed methane working with these children and watching their self-esteem grow. That was Bob more than 700 trillion cubic feet (tcf) of coal- and other energy resources in Colorado, Wyo- Graham. bed methane and that more than 100 tcf of ming, Montana, and other western States. ‘‘Dad just wanted all kids to have the op- this may be recoverable using existing tech- Surface Owner Protection portunities in sports that he might not have nology. In part because of the availability of had growing up,’’ said his son, Mark. ‘‘He these reserves and because of tax incentives In many parts of the country, the party that loved doing that. I think he would rather be to exploit them, the West has seen a signifi- owns the surface of some land does not nec- at the ballpark than anywhere else. It was cant increase in the development of this gas. essarily own the minerals beneath those his second home.’’ Development of coalbed methane usually in- lands. In the West, mineral estates often be- Graham, who was 69, was instrumental in volves the extraction of water from under- long to the Federal Government while the sur- the planning, design and construction of the ground strata. Some of this extracted water is face estates are owned by private interests, award-winning Caswell Park softball com- who typically use the land for farming and plex off Winona Avenue. reinjected into the ground, while some is re- He died at St. Mary’s Hospice in Halls and tained in surface holding ponds or released on ranching. had a rare brain disease called Creutzfeldt- the surface and allowed to flow into streams This split-estate situation can lead to con- Jacob (pronounced kroitsfelt-yakob). There or other water bodies, including ditches used flicts. And while we support development of is no known cure for CJD, which strikes ap- for irrigation. energy resources where appropriate, we also proximately one in a million people world- The quality of the extracted waters varies believe that this must be done responsibly and wide between the ages of 55 and 75. from one location to another. Some are of in a way that demonstrates respect for the en- The family received the diagnosis less than good quality, but often they contain dissolved vironment and overlying landowners. eight weeks ago, which left time to say good- minerals (such as sodium, magnesium, ar- The second part of our bill (Title II) is in- bye. Considering the circumstances, they tended to promote that approach, by estab- were thankful he did not suffer. He passed senic, or selenium) that can contaminate other away quietly, just after speaking with close waters—something that can happen because lishing a system for development of Federal oil friend Willie Anderson. of leaks or leaching from holding ponds or be- and gas in split-estate situations that resem- ‘‘My mother (Judy) was holding dad’s cause the extracted waters are simply dis- bles—but is not identical to—the system for hand,’’ Jeff Graham said. ‘‘She was saying, ‘I charged into a stream or other body of water. development of federally-owned coal in similar love you, Bob I love you, Bob’ when he took In addition, extracted waters often have other situations. his last breath. I think he held on just a lit- characteristics, such as high acidity and tem- Under Federal law, the leasing of federally tle bit longer to make sure everyone had the perature, which can adversely affect agricul- owned coal resources on lands where the sur- chance to say goodbye.’’ face estate is not owned by the United States Graveside services are set for 11 a.m. today tural uses of land or the quality of the environ- at Woodhaven Memory Gardens. ment. is subject to the consent of the surface estate Bob Graham had a positive, uplifting im- In Colorado and New Mexico and other owners. But neither this consent requirement pact on more lives than he possibly could states in the arid West, water is scarce and nor the operating and bonding requirements have known. We love you, Bob. Many of us precious. So, as we work to develop our do- applicable to development of federally owned will never really and truly say goodbye. mestic energy resources, it is vital that we locatable minerals applies to the leasing or de- Donations can be sent to Beaver Ridge safeguard our water and we believe that clear velopment of oil or gas in similar split-estate United Methodist (Family Life Center), P.O. requirements for proper disposal of these ex- situations: Box 7007, Knoxville, TN., 37921 or The Fellow- We believe that there should be similar re- ship of Christian Athletes Bob Graham Me- tracted waters are necessary in order to avoid morial Scholarship Fund, 406 Union Ave., some of these adverse effects. That is the spect for the rights and interests of surface es- Knoxville, TN. 37902. purpose of the first part of our bill. tate owners affected by development of oil and gas and that this should be done by pro- f Our bill (in Title I) includes two requirements regarding extracted water. viding clear and adequate standards and in- INTRODUCTION OF THE WESTERN First, it would make clear that water ex- creasing the involvement of these owners in WATERS AND SURFACE OWNERS tracted from oil and gas development must plans for oil and gas development. PROTECTION ACT comply with relevant and applicable discharge Accordingly, our bill requires the Interior De- permits under the Clean Water Act. Lawsuits partment to give surface owners advance no- HON. MARK UDALL have been filed in some western states re- tice of lease sales that would affect their lands and to notify them of subsequent events re- OF COLORADO garding whether or not these discharge permits are required for coalbed methane devel- lated to proposed or ongoing developments IN THE HOUSE OF REPRESENTATIVES opment. Our bill would require oil and gas de- related to such leases. Monday, December 8, 2003 velopment to secure permits if necessary and In addition, the bill requires that anyone pro- Mr. UDALL of Colorado. Mr. Speaker, today required, like any other entity that may dis- posing the drill for Federal minerals in a split- I am joining with my colleague from New Mex- charge contaminates into the waters of the estate situation must first try to reach an ico, Representative TOM UDALL, in introducing United States. agreement with the surface owner that spells the Western Waters and Surface Owners Pro- Second, the bill would require those who out what will be done to minimize interference tection Act. develop federal oil or gas—including coalbed with the surface owner’s use and enjoyment The western United States is blessed with methane—under the Mineral Leasing Act to do and to provide for reclamation of affected significant energy resources. In appropriate what is necessary to make sure their activities lands and compensation for any damages. places, an under appropriate conditions, they do not harm water resources. Under this legis- We think that most energy companies want can and should be developed for the benefit of lation, oil or gas operations that damage a to avoid harming the surface owners, so we our country. But it’s important to recognize the water resource—by contaminating it, reducing expect that it will usually be possible for them importance of other resources—particularly it, or interrupting it—would be required to pro- to reach such agreements. However, we rec- water—and other uses of the lands involved— vide replacement water. For water produced in ognize that this may not always be the case and our bill responds to this need. It has three connection with oil or gas drilling that is in- and the bill includes two provisions that ad- primary purposes. The first is to assure that jected back into the ground, the bill requires dress this possibility: (1) if no agreement is the development of those energy resources in that this must be done in a way that will not reached within 90 days, the bill requires that the West will not mean destruction of precious reduce the quality of any aquifer. For water the matter be referred to neutral arbitration; water resources. The second is to reduce po- that is not reinjected, the bill requires that it and (2) the bill provides that if even arbitration tential conflicts between development of en- must be dealt with in ways that comply with all fails to resolve differences, the energy devel- ergy resources and the interests and concerns Federal and State requirements. opment can go forward, subject to Interior De- of those who own the surface estate in af- And, because water is so important, our bill partment regulations that will balance the en- fected lands. And the third is to provide for ap- requires oil and gas operators to make the ergy development with the interests of the sur- propriate reclamation of affected lands. protection of water part of their plans from the face owner or owners. very beginning, requiring applications for oil or As I mentioned, these provisions are pat- Water Quality Protection gas leases to include details of ways in which terned on the current law dealing with devel- One new energy resource is receiving great operators will protect water quality and quan- opment of federally-owned coal in split-estate attention. Gas associated with coal deposits, tity and the rights of water users. situations. However, it is important to note one

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.251 E09PT1 E2534 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 major difference—namely, while current law Section 101 amends current law to specify partment, to establish a program to assist allows a surface owner to effectively veto de- that an operator producing oil or gas under states and tribes to remedy environmental velopment of coal resources, under our bill a a Federal lease must: (1) replace a water sup- problems caused by abandoned oil or gas ply that is contaminated or interrupted by wells on non-federal and Indian lands. It au- surface owner ultimately could not block de- drilling operations; (2) assure any reinjected thorizes appropriations of $5 million in fiscal velopment of oil or gas underlying his or her water goes only to the same aquifer from years 2005, 2006, and 2007. lands. This difference reflects our belief that which it was extracted or an aquifer of no f appropriate development of oil and natural gas better water quality; and (3) to develop a is needed. proposed water management plan before ob- IN HONOR OF C. BOOTH taining a lease WALLENTINE Reclamation Requirements Section 102 amends current law to make The bill’s third part (Titles III and IV) ad- clear that extraction of water in connection dresses reclamation of affected lands. with development of oil or gas (including HON. JIM MATHESON Title III would amend the Mineral Leasing coalbed methane) is subject to an appro- OF UTAH Act by adding an explicit requirement that par- priate permit and requirement to minimize IN THE HOUSE OF REPRESENTATIVES adverse effects on affected lands or waters. ties that produced oil or gas (including coalbed Section 103 provides that nothing in the Monday, December 8, 2003 methane) under a Federal lease must restore bill will: (1) affect any State’s right or juris- Mr. MATHESON. Mr. Speaker, I rise today the affected land so it will be able to support diction with respect to water; or (2) limit, to recognize and pay tribute to Mr. C. Booth the uses it could support before the energy alter, modify, or amend any interstate com- Wallentine of Utah on the occasion of his redevelopment. Toward that end, this part of the pact or judicial rulings that apportion water tirement from the Utah Farm Bureau Federa- among and between different States. bill requires development of reclamation plans tion. and posting of reclamation bonds. In addition, Title II—This title deals with the protection of surface owners. It includes four sec- Booth has spent 41 years working for the so Congress can consider whether changes tions: Utah and Iowa Farm Bureaus, the last 31 of are needed, the bill requires the General Ac- Section 201 provides definitions for several those years he has served as the Utah Farm counting Office to review how these require- terms used in Title II. Bureau Federation’s CEO. ments are being implemented and how well Section 202 requires a party seeking to de- I first heard about Booth’s efforts on behalf they are working. velop federal oil or gas in a split-estate situ- of our state’s agricultural interests when he ation to first seek to reach an agreement And, finally, Title IV would require the Inte- worked with my father when he served as rior Department to: (1) establish, in coopera- with the surface owner or owners that spells out how the energy development will be car- governor of Utah. I have been privileged to tion with the Agriculture Department, a pro- ried out, how the affected lands will be re- have the same opportunity to work with Booth, gram for reclamation and closure of aban- claimed, and that compensation will be made and he has been an invaluable asset to me in doned oil or gas wells located on lands man- for damages. It provides that if no such learning about Utah’s agriculture industry. aged by an Interior Department agency or the agreement is reached within 90 days after Since being elected to Congress, I have Forest Service or drilled for development of the start of negotiations the matter will be been impressed with Booth’s tireless efforts to Federal oil or gas in split-estate situations; and referred to arbitration by a neutral party advocate on behalf of agriculture and rural identified by the Interior Department. (2) establish, in consultation with the Energy issues. His work and dedication on behalf of Department, a program to provide technical Section 203 provides that if no agreement under section 202 is reached within 90 days Utah’s farmers and ranchers has made a real assistance to State an tribal governments that after going to arbitration, the Interior De- difference across the state of Utah, and we all are working to correct environmental problems partment can permit energy development to owe him a debt of gratitude for championing cased by abandoned wells on other lands. proceed under an approved plan of operations these issues on behalf of our state. He has The bill would authorize annual appropriations and posting of an adequate bond. This sec- been involved in so many efforts over the of $5 million in fiscal 2005 and 2006 for the tion also requires the Interior Department to years, and it is difficult to imagine discussions Federal program and annual appropriations of provide surface owners with an opportunity about agriculture policy in Utah without to comment on proposed plans of operations, $5 million in fiscal 2005, 2006, and 2007 for Booth’s participation. the program of assistance to the States and participate in decisions regarding the amount of the bonds that will be required, I wish Booth and his family well in his retire- tribes. and to participate in on-site inspections if ment. I know he will continue to be involved in Mr. Speaker, our country is overly depend- the surface owners have reason to believe public service, and I look forward to working ent on a single energy source—fossil fuels— that plans of operations are not being fol- with him on his future endeavors. to the detriment of our environment, our na- lowed. In addition, this section allows sur- f tional security, and our economy. To lessen face owners to petition the Interior Depart- this dependence and to protect our environment for payments under bonds to com- DOCUMENTS REVEAL DECEPTIVE ment, we need to diversity our energy portfolio pensate for damages and authorizes the Inte- PRACTICES BY ABORTION LOBBY and increase the contributions of alternative rior Department to release bonds after the energy development is completed and any energy sources to our energy mix. However, damages have been compensated. HON. CHRISTOPHER H. SMITH for the foreseeable future, petroleum and nat- Section 204 requires the Interior Depart- OF NEW JERSEY ural gas (including coalbed methane) will re- ment to notify surface owners about lease IN THE HOUSE OF REPRESENTATIVES main important parts of a diversified energy sales and subsequent decisions involving fed- portfolio and we support their development in eral oil or gas resources in their lands. Monday, December 8, 2003 appropriate areas and in responsible ways. Title III—This title amends current law to Mr. SMITH of New Jersey. Mr. Speaker, require parties producing oil or gas under a We believe this legislation can move us closer today, I submit to theRECORD documents that Federal lease to restore affected lands and to toward this goal by establishing some clear, post bonds to cover reclamation costs. It reveal deceptive practices used by the abor- reasonable rules that will provide greater as- also requires the GAO to review Interior De- tion lobby. It is critical that both the American surance and certainty for all concerned, in- partment implementation of this part of the and foreign public are made aware of these cluding the energy industry and the residents bill and to report to Congress about the re- documents because they shed new light on of Colorado, New Mexico, and other Western sults of that review and any recommenda- the schemes of those who want to promote States. Here is a brief outline of its major pro- tions for legislative or administrative abortion here and abroad. It is especially im- visions: changes that would improve matters. portant that policy makers know, and more Title IV—This title deals with abandoned fully understand, the deceptive practices being OUTLINE OF BILL oil or gas wells. It includes three sections: SECTION ONE—This section provides a Section 401 defines the wells that would be employed by the abortion lobby. These docu- short title (‘‘Western Waters and Surface covered by the title. ments are from recent Center for Reproductive Owners Protection Act’’), makes several Section 402 requires the Interior Depart- Rights (CRR) strategy sessions where, ac- findings about the need for the legislation, ment, in cooperation with the Department of cording to a quote from a related interview and states the bill’s purpose, which is ‘‘to Agriculture, to establish a program for rec- session, one of CRR’s Trustees said, ‘‘We provide for the protection of water resources lamation and closure of abandoned wells on have to fight harder, be a little dirtier.’’ These and surface estate owners in the develop- federal lands or that were drilled for develop- documents are important for the public to see ment of oil and gas resources, including coal- ment of federally-owned minerals in split-es- bed methane.’’ tate situations. It authorizes appropriations because they expose the wolf donning TITLE I—This title deals with the protec- of $5 million in fiscal years 2005 and 2006. sheep’s clothing in an attempt to sanitize vio- tion of water resources. It includes three sec- Section 403 requires the Interior Depart- lence against children. These papers reveal a tions: ment, in consultation with the Energy De- Trojan Horse of deceit. They show a plan to

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.255 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2535 ‘‘be a little dirtier.’’ In their own words, these whether to undertake a concerted effort to governments accountable for violations of documents demonstrate how abortion pro- secure a new international treaty or adden- international norms. motion groups are planning to push abortion dum to address this gap. We would supple- This memo provides an overview of the ment our own conclusions by convening a sources of international law that may be in- here and abroad, not by direct argument, but conference or expert group to consider voked to protect reproductive rights, exam- by twisting words and definitions. In discussing whether it would be strategic to pursue such ining both binding treaty provisions (hard legal strategies to legalize abortion internation- an effort. norms) and the many interpretative and non- ally they go as far as to say, ‘‘. . . there is a (2) Consistent and effective action on the binding statements that contribute to an un- stealth quality to the work: we are achieving part of civil society and the international derstanding of reproductive rights (soft incremental recognition of values without a community to enforce these norms. norms). It examines four substantive areas huge amount of scrutiny from the opposition. This action follows from the premise that that illustrate the limits of international These lower profile victories will gradually put the best way to test existing international law in protecting reproductive rights: (a) reproductive rights norms is to make gov- abortion, (b) adolescents’ access to reproduc- us in a strong position to assert a broad con- ernments accountable for them. In other tive health care, (c) HIV/AIDS, and (d) child sensus around our assertions.’’ People should words, to work for their enforcement or im- marriage. The memo then considers whether, know about this stealth campaign, and that is plementation. would seek to do this by: (a) given existing support for reproductive why I submit these documents unedited and developing activities aimed at enforcement rights in international law, reproductive for public review. of international protections of reproductive rights activists should seek new protective INTERNATIONAL LEGAL PROGRAM SUMMARY OF rights in regional and international fora; and norms or whether our efforts would be better STRATEGIC PLANNING THROUGH OCTOBER 31, (b) working for the adoption and implemen- spent seeking stronger mechanisms for en- 2003 tation of appropriate national-level norms. forcement of existing norms. Assuming that The regional and international fora with a our goal is to pursue the development of Staff lawyers in the International Legal quasi-judicial character arguably offer the international norms, there are several ap- Program, (ILP) have met three times with most promising venues for securing justice proaches we could take: Nancy Northup, Nancy Raybin and Elizabeth and interpretations that actually change Develop a jurisprudence of existing norms Lowell (September 3, September 23, and Oc- governments’ behavior. To date, we have that guides states’ compliance with binding tober 16) to discuss our strategic direction. used the Inter-American Commission on norms; In the periods between those meetings, ILP Human Rights (three cases, one pending) and Strategically work toward developing cus- staff met and worked on the memos attached the UN Human Rights Committee (which tomary norms; and hereto, as well as two other working memos. oversees compliance with the International Work to create another binding instru- We have stepped back and considered the Covenant on Civil and Political Rights) (one ment, such as an international treaty or a types of strategic legal work the ILP has case pending). We believe that seeking favor- protocol to an existing treaty. worked on to date, examining in particular able interpretations from the ‘‘quasi judicial how we evaluate or measure our effective- I. The foundations of reproductive rights in mechanisms of the European human rights ness. We reflected on our key accomplish- international law system, the African system, and other UN in- ments, and the constant challenge of being By way of introduction, international dividual complaint mechanisms will be par- in far higher demand than we have resources. human rights law is grounded in both ‘‘hard’’ ticularly important in the next 3–5 years. This led us to discuss and further develop the and ‘‘soft’’ norms. Legally binding or ‘‘hard’’ Ultimately, underlying the goal of ILP’s ‘‘theory of change.’’ (See Memo 2.) norms are norms codified in binding treaties strengthening international norms and en- What is our overarching programmatic ob- such as the International Covenant on Civil forcement is that of ensuring that appro- jective and what should that mean in terms and Political Rights (ICCPR) or the Conven- priate legal norms are in place at the na- of hard choices on how to focus our work in tion on the Elimination of All Forms of Dis- tional level so as to improve women’s health the next 3–5 years? We have made some solid crimination Against Women (CEDAW). As a and lives. Working on the above pre- progress in answering that question, as out- result of the hard-fought efforts of human requisites can help bring about national- lined below: rights activists, hard norms have gradually level normative changes (since one key way The ILP’s overarching goal is to ensure been extended to more and more of the for governments to comply with inter- that governments worldwide guarantee re- human family, including ethnic and racial national norms is to improve national productive rights out of an understanding minorities, women, children, and refugees norms). But these processes are not linear that they are legally bound to do so. and internally displaced people. and the adoption of appropriate national- We see two principal prerequisites for Supplementing these binding treaty-based level norms may be feasible first (without achieving this goal: standards and often contributing to the de- advocates’ emphasis on governments’ obliga- (1) Strengthening international reproduc- velopment of future hard norms are a variety tion to apply international norms). Such new tive rights norms. of ‘‘soft norms.’’ These norms result from in- national-level norms can, in turn, influence Norms refer to legal standards. The strong- terpretations of human rights treaty com- and strengthen international standards. Our est existing international legal norms rel- mittees, rulings of international tribunals, goal above is reached only when govern- evant to reproductive rights are found in resolutions of inter-governmental political ments in fact guarantee women’s reproduc- multilateral human rights treaties. Based on bodies, agreed conclusions in international tive rights; first by adopting appropriate our view of what reproductive rights should conferences and reports of special laws and policies, and, second, by adequately mean for humankind, the existing human rapporteurs. (Sources of soft norms include: implementing them. rights treaties are not perfect. For example, the European Court of Human Rights, the We have begun the process of considering at least four substantive areas of reproduc- CEDAW Committee, provisions from the what the above theory of change means for tive rights illustrate the limits of inter- Platform for Action of the Beijing Fourth our work: It will mean concentrating on se- national reproductive rights norms in pro- World Conference on Women, and reports curing strong interpretations the strength of tecting women: (a) abortion; (b) adolescents from the Special Rapporteur on the Right to international reproductive rights norms. But access to reproductive health care; (c) HIV/ Health.) the work suggested by the discussion above AIDS; and (d) child marriage. One strategic Reproductive rights advocates, including is still greater than our resources. We must goal could be to work for the adoption of a the Center, have found guarantees of wom- think in terms of working in a concerted new multilateral treaty (or addendum to an en’s right to reproductive health and self-de- way on certain reproductive rights is issues; existing treaty) protecting reproductive termination in longstanding and hard inter- in a smaller number of focus countries; and rights. The other principal option is to de- national norms, relying on such instruments on honing our ability to provide cutting edge velop ‘‘soft norms’’ or jurisprudence (deci- as the Universal Declaration on Human input on relevant international and regional sions or interpretations) to guide states’ Rights (Universal Declaration), the Inter- norms and on providing a comparative legal compliance with binding norms. Turning national Covenant on Civil and Political perspective. (i.e., analysis of laws and judi- back to the four substantive areas noted Rights (ICCPR), and the International Cov- cial decisions across countries). above, in all four cases, it is possible to se- enant on Economic, Social and Cultural cure favorable interpretations. Indeed, the MEMO #1—INTERNATIONAL REPRODUCTIVE Rights (ICESCR), and the Convention on the Center has begun to do so. (For an in-depth RIGHTS NORMS: CURRENT ASSESSMENT Elimination of All Forms of Discrimination discussion of this, see Memo 1.) Our goal is to see governments worldwide Against Women (CEDAW). This approach re- In theory, existing international norms are guarantee women’s reproductive rights out ceived international affirmation (in a soft broad enough to be interpreted so as to proof recognition that they are bound to do so. norm) at the International Conference on vide women with adequate legal protections. An essential precondition is the existence of Population and Development (ICPD) in the Therefore, we are in agreement on the need international legal norms that encompass re- conference’s Programme of Action. Para- to work in a systematic way on strength- productive rights and guarantee them the graph 7.3 of that document states: ening interpretations and applications of the broadest possible protection. Our task, ‘‘[R]eproductive rights embrace certain existing norms. If, at the end of 2007. we de- therefore, is to consider the current content human rights that are already recognized in termine that the existing norms are proving of international law relating to reproductive national laws, international human rights inadequate (as evidenced by the interpreta- rights and assess its adequacy for guiding documents and other consensus documents. tions we seek), then we would reconsider government decision-making and holding These rights rest on the recognition of the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.258 E09PT1 E2536 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 basic right of all couples and individuals to phrase repeated in both the Cairo and Bei- right to health) and the substantive repro- decide freely and responsibly the number, jing documents affirming that under no cir- ductive rights of adolescents are not ‘hard’ spacing and timing of their children and to cumstances should abortion be considered a (yet!). There are no hard norms on age dis- have the information and means to do so, method of family planning. crimination that would protect adolescents’ and the right to attain the highest standard We have also grounded our arguments in ability to exercise their rights to reproduc- of sexual and reproductive health. It also in- the right to be free from gender discrimina- tive health, sexual education, or reproduc- cludes their right to make decisions con- tion, which is protected in every major tive decisionmaking. In addition, there are cerning reproduction free of discrimination, human rights instrument. Because restric- no hard norms prohibiting discrimination coercion and violence, as expressed in human tive abortion laws deny access to health care based on marital status, which is often an rights documents.’’ that only women need, they constitute dis- issue with respect to unmarried adolescents’ We and others have grounded reproductive crimination in access to health care. This access to reproductive health services and rights in a number of recognized human position is supported somewhat obliquely in information. rights, including: the right to life, liberty, a CEDAW general recommendation. In addi- The soft norms support the idea that the and security; the right to health, reproduction, we argue that by denying women the hard norms apply to adolescents under 18. tive health, and family planning; the right to means to control their own fertility, restric- They also fill in the substantive gaps in the decide the number and spacing of children; tive abortion laws interfere with women’s hard norms with respect to reproductive the right to consent to marriage and to ability to enjoy opportunities in other sec- health services and information as well as equality in marriage; the right to privacy; tors of society, including educational and adolescents’ reproductive autonomy. Two the right to be free from discrimination on professional opportunities. No soft norms af- important standards are applied in order to specified grounds; the right to modify tradi- firm this argument. fill in the gaps: tions or customs that violate women’s B. Adolescents—Access to Reproductive The ‘‘Evolving Capacity of the Child’’ rights; the right not to be subjected to tor- Health Services and Information standard, which limits parental control to the extent that children take on more auton- ture or other cruel, inhuman, or degrading The Center has taken a leading role in omy as their capacities grow. (e.g., An ado- treatment or punishment; the right to be pressing for protection of adolescents’ right lescent who is sexually active and is taking free from sexual violence; and the right to to access reproductive and sexual health in- the initiative to seek out means to protect enjoy scientific progress and to consent to formation and services. In creating a human herself from STIs and unwanted pregnancy is experimentation. rights framework for such rights, we use the Our publications feature legal arguments demonstrating a level of maturity to justify same hard norms that form the foundation resting on these broad principles, many of access.) for non-adolescent women’s right to access which have been well received by treaty The ‘‘Best Interest of the Child’’ standard, reproductive health services. However, the monitoring bodies and other authoritative which mandates that in the context of challenge is to assert that the hard norms U.N. bodies. Still, there are some arguments health, parental involvement that prevents apply to adolescents under age 18. We rely al- that could be considerably strengthened with adolescents from accessing potentially life- most exclusively on soft norms to do this legal norms that relate more specifically to saving information and services is NOT in since none of the treaties explicitly discuss reproductive matters. The next section will the child’s best interest. Rather, it is in the adolescents’ reproductive rights. briefly discuss four areas in which inter- best interest of adolescents to have access to national law provides less protection than Rights Relating to the Right to the means to protect themselves. It is often desired. Reproductive Health in the best interest of the child to be granted II. Gaps in existing norms The right to health (including family plan- autonomy in decision-making. ning services and education); A. Abortion Soft Norms Relating to the right to The right to life; and Reproductive Health We have been leaders in bringing argu- The rights to education and information. The Treaty Monitoring Bodies (TMBs) ments for a woman’s right to choose abor- With respect to the first cluster of rights, have explicitly interpreted adolescents’ right tion within the rubric of international the hard norms relating to women’s right to to health as including the right to access human rights. However, there is no binding access reproductive health services and in- services and information on reproductive hard norm that recognizes women’s right to formation are well established and accepted. health. In addition, they have called for sex- terminate a pregnancy. To argue that such a However, there is no hard norm specifically ual education in the context of the rights to right exists, we have focused on interpreta- stating that these provisions also protect education and information. Both the Inter- tions of three categories of hard norms: the adolescents’ right to access reproductive national Conference on Population and De- rights to life and health; the right to be free health services and information. There is one velopment (ICPD) and the Beijing Platform from discrimination; those rights that pro- important, and somewhat ambiguous excep- for Action (Beijing PFA) further help to fill tect individual decision-making on private tion. A recent interpretation suggests the in the gaps in this cluster of substantive matters. provision on the right to health, which asks rights, clearly stating that these rights Bolstered by numerous soft norms, the as- states parties to develop family planning apply to adolescents. sertion with widest international acceptance services and education, applies to children/ is that a woman’s right to be free from un- adolescents. Soft norms relating to the right to safe abortion is grounded in her rights to life reproductive autonomy/decision-making Rights Relating to Reproductive Decision and health. The right to life has been inter- Making/Autonomy Soft norms supplement the dearth of hard preted to require governments to take action norms. The TMBs have interpreted adoles- Right to privacy; to preserve life. The right to health guaran- cents’ right to privacy as ensuring a right to Right to plan the number and spacing of tees the highest attainable level of physical confidentiality in reproductive health serv- one’s children; and and mental health. Because unsafe abortion ices as well as the right to access services is responsible for 78,000 deaths each year and Rights to liberty and security of person. In issues relating to adolescents’ reproduc- and information without parental consent. hundreds of thousands of disabilities, crim- tive autonomy and decision-making, there Soft norms relating to the right to be free inalization of abortion clearly harms wom- are even fewer hard norms and it is even from discrimination en’s life and health. The international com- more difficult to say that these hard norms munity has recognized the dangers of unsafe There are no explicit soft norms on the apply to adolescents under the age of 18 and abortion. Statements to that effect were right to be free from discrimination based on their reproductive decision-making. For ex- adopted at the International Conference on age in the context of adolescents’ reproduc- ample, the Children’s Rights Convention Population and Development in Cairo (1994) tive rights. There are soft norms relating to (CRR) provisions on the right to privacy are and the Beijing Fourth World Conference on the age of marriage, which would impact problematic, prohibiting ‘‘arbitrary or un- Women (1995), as well as the recent 5-year re- adolescents’ ability to access services since lawful interference with his or her privacy.’’ views of these conferences. in many countries married adolescents are While this has been an important stride, The provision is not explicit that the right granted access regardless of their age while the global community has fallen short of rec- applies to health services and the use of ‘‘un- unmarried adolescents are effectively denied ognizing a right to independent decision- lawful’’ could imply that only interferences access. This relates closely to soft norms on making in abortion, providing us with rel- that contravene national law would be pro- discrimination based on marital status. In atively few soft norms. We argue that the hibited. There are no hard norms on: (1) con- this regard, the TMBs General Recommenda- right to make decisions about one’s body is fidentiality in provision of health services or tions/Comments and Concluding Observa- rooted in the right to physical integrity, information; (2) prohibiting parental consent tions have explicitly condemned discrimina- which has been interpreted to protect requirements and (3) third party authorization based on marital status in accessing re- against unwanted invasions of one’s body. tion for access to reproductive health serv- productive health services. We assert that the right to privacy protects ices and information. C. HIV/AIDS a woman’s right to make decisions about her The Right To Be Free From Discrimination The rights of women implicated by HIV/ reproductive capacity. We also rely on the While there are hard norms prohibiting sex AIDS include: the rights to life, dignity, lib- right to determine the number and spacing discrimination that apply to girl adoles- erty, and security of the person, freedom of one’s children. Here, the soft norms argu- cents, these are problematic since they must from inhuman and degrading treatment, ably work against us, particularly given the be applied to a substantive right (i.e., the nondiscrimination and equality before the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.262 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2537 law, the right to health, including reproduc- that pregnant women should not be coerced by calling upon governments to enact and tive health care and reproductive self-deter- into testing nor be tested without their con- strictly enforce laws to ensure that marriage mination. There are no hard norms in inter- sent. But these guidelines do not carry the is only entered into with the free and full national human rights law that directly ad- force of law as would be the case if language consent of the intending spouses. It also re- dress HIV/AIDS directly. prohibiting mandatory HIV testing of preg- quires governments to ‘‘raise the minimum At the same time, a number of human nant women were included in an existing age where necessary.’’ While thus provision rights bodies have developed soft norms to treaty. does mark a step forward, it does not take a secure rights that are rendered vulnerable by 2. Presumption of consent to sex within position on what the minimum age should the HIV/AIDS epidemic. In 1998, the Office of marriage be. the U.N. High Commissioner for Human Human rights law should explicitly address III. More norms vs. better enforcement Rights and UNAIDS issued ‘‘HIV/AIDS and the legal and social subordination women Because we wish not only to set standards Human Rights: International Guidelines,’’ face within their families, marriages, com- for government behavior, but also to ensure which provide a roadmap for governments munities and societies, especially as these that governments understand that they are seeking to incorporate human rights protec- barriers expose women to the risk of HIV in- bound to those standards, our success de- tions related to HIV/AIDS into national law. fection. International protections for the pends on some focus on enforcement of inter- In June 2001, the U.N. General Assembly Spe- right of women to autonomy over their sexu- national law. Gaps in the substance of cial Session (UNGASS) on HIV/AIDS resulted ality within or outside marriage can be human rights instruments are accompanied in a Declaration of Commitment on HIV/ found in the principle of bodily integrity by weaknesses in mechanisms for enforcing AIDS that included strong language on the enumerated in the ICCPR, which provides for even the most accepted norms. Account- need to integrate the rights of women and the right to liberty and security of the per- ability is rarely achieved even for govern- girls into the global struggle against HIV/ son. However, with the challenges provided ments who engage in arbitrary killings and AIDS. by HIV/AIDS, it is necessary to institute torture. It is even more difficult to ensure In addition, the TMB’s have interpreted ex- stronger protections of the rights of women isting treaties in the context of HIV/AIDS the enforcement of economic, social and cul- in the family, especially their rights to au- tural rights, which, while legally ’binding, and reproductive rights, creating new and tonomy over sexuality and reproduction. positive jurisprudence that safeguards wom- offer few measures for compliance. We are Some stronger language on women’s rights particularly sensitive to the practical dif- en’s reproductive rights. in the context of HIV/AIDS is found in soft ficulties of enforcing the Women’s Conven- In the national-level courts, the South Af- norms, including the recent UNAIDS guide- tion, which enumerates a number of rights rican. Constitutional Court interpreted the lines on HIV/AIDS and human rights. In ad- that are fundamental to enjoyment of repro- ICESCR Covenant progressively to enforce dition, both the ICPD Programme of Action ductive rights. A question arises as to the right to HIV/AIDS prevention and treat- and the Beijing PFA reflect an international whether promoting the recognition of an ex- ment in a case brought against the govern- consensus recognizing the inalienable nature panding body of rights might dilute the still ment by the Treatment Action Campaign (an of sexual rights. Paragraph 96 of the Fourth untested gains that we have made in the past HIV/AIDS rights NGO) seeking to compel the World Conference on Women Platform.for 20 years. government of South Africa to provide Action states, ‘‘The human rights of women Many human rights activists have focused Nevirapine to pregnant women and their ba- include their right to have control over and bies, to prevent the transmission of HIV decide freely and responsibly on matters re- on developing better mechanisms for enforc- from mother to child. lated to their sexuality, including sexual and ing existing norms, rather than filling the Practices with implications for women’s reproductive health, free of coercion, dis- substantive gaps in binding ’instruments. reproductive rights in relation to HIV/AIDS crimination and violence.’’ Again, these The campaign for the International Criminal are still not fully covered under existing rights are much more clearly articulated as Court is an example of an effort to make international law, although soft norms have a matter of progressive interpretation and highly accepted international legal norms— addressed them to some extent. Two of these jurisprudence than as hard norms in them- the principles of the Geneva Conventions— include: (1) denials of the right to consent to selves. more practically enforceable in an international forum. HIV/AIDS testing of pregnant women and (2) D. Child Marriage (Marriage Under Age 18) As a program, we should consider whether the presumption of consent to sex in mar- None of the global human rights treaties riage. we would be better served engaging in the explicitly prohibit child marriage and no process of enforcing existing norms—through 1. Pregnant women’s consent to HIV/AIDS treaty prescribes an appropriate minimum international litigation, factfinding, report- testing age for marriage. The onus of specifying a ing to the treaty monitoring bodies—rather There is a lack of explicit prohibition of minimum age at marriage rests with the than developing the substance of inter- mandatory testing of HIV-positive pregnant states’ parties to these treaties. national law. (In reality, both of these goals Several treaties prescribe the hard norms women under international law. General can be pursued simultaneously, but our ques- we use to assert human rights violations as- international law provisions relating to con- tion here is one of emphasis.) We could also sociated with child marriage. They include sent or refusal to consent to medical treat- focus on developing new mechanisms for gov- (but are not limited to): the right to freedom ment under the ICCPR (article 15.1) and the ernmental accountability, which could ICESCR (article 7) has been applied. from discrimination; the right to choose a spouse and to enter into marriage with free themselves be the basis of a new legal instru- The legal and ethical foundations for HIV ment. testing broadly require respect for the condi- and full consent; the right to health; and the right to protection from all forms of sexual Should we decide, however, that we cannot tions for informed consent, pre- and post-test move forward in our work without the devel- counseling and confidentiality. But on many exploitation and sexual abuse. We have to rely extensively on soft norms opment of stronger substantive norms, there occasions in practice, HIV positive pregnant that have evolved from the TMBs and that are a few strategies we can take. These women are subjected to mandatory routine are contained in conference documents to as- strategies are not exclusive and each can re- tests, without adequate counseling. These sert that child marriage is a violation of fun- inforce the others. However, because we wish mandatory tests often owe their justification damental human rights. to take a more self-conscious approach to to public health demands to curb trans- In the main treaties and conventions rel- choosing our strategy, we have laid them out mission of the HIV virus to their offspring. evant to marriage and the rights of women in the following section. HIV testing that is conducted without pre- and children, the issue of minimum age at IV. How to fill normative gaps and post-test counseling violates a woman’s marriage has been dodged by the use of rights to autonomy, dignity, privacy and A. Seeking Authoritative Interpretations of phrases—such as ‘‘full age’’ and references to Existing Norms bodily and psychological integrity. The same full and free consent as the proposed stand- degree of consent pre- and post-test coun- ard for determining the validity of a mar- This approach involves developing a juris- seling and confidentiality applicable to riage. Even the Convention on Consent to prudence that pushes the general under- every other person undergoing an HIV test Marriage, Minimum Age for Marriage, and standing of existing, broadly accepted should apply equally to a pregnant woman. Registration of Marriages (1964) does not human rights law to encompass reproductive Among the most persuasive ‘‘soft norms’’ clearly articulate an appropriate minimum rights. Such a jurisprudence is developed pri- are the UNAIDS Guidelines on HIV/AIDS and age. Notably, the African Charter on the marily through: Human Rights, which call for international Rights and Welfare of the Child, does rec- Report to the treaty monitoring bodies; human rights norms to be translated into ommend a minimum age of 18 and is the only Bring cases to international and regional practical observance in the context of HIV/ treaty to do so. adjudicative bodies (such as cases we have so AIDS, point out that programs emphasizing Committees have issued general comments far brought before the Inter-American Com- coercive measures directed towards the risk and recommendations emphasizing the prob- mission); and of transmitting HIV to the fetus, such as lematic aspects of child marriage. Most have Bring claims based on international law to mandatory pre- and post-natal testing, sel- issued concluding observations that discour- national-level courts (such as the recent dom prevent perinatal transmission of HIV/ age and condemn child marriage as a human PMTC cases brought before the South-Afri- AIDS, because they overlook. the health rights violation. can Constitutional court by the local HIV/ needs of women. In its policy statement on The Beijing PFA echoes most treaty provi- AIDS Advocacy group, Treatment Action HIV testing and counseling, UNAIDS states sions relevant to the issue of child marriage Campaign.

VerDate jul 14 2003 08:09 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.266 E09PT1 E2538 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 While, given the variety of jurisdictions, although we are talking about undertaking a protections for women’s rights and include the common law concept of ‘‘precedent’’ has campaign of sorts, it is a difficult one to ex- these? little bearing in this context, international plain to non-lawyers and it is not very sexy. 5. How have other movements succeeded at jurists are aware of how legal questions have C. Seeking Adoption of a New Legal creating norms that governments consider been resolved by their peers in other fora. Instrument binding? 6. What would be an appropriate timeline Arguments based on the decisions of one Finally, if we determine that the foregoing for pursuing a new legal instrument? body can be brought as persuasive authority options are ineffective, we should consider to decision-makers in other bodies, 7. Would we be the group to take the lead whether the weaknesses in international law on a campaign for a new legal instrument? There are several advantages to relying can only be remedied with the adoption of a primarily on interpretations of hard norms. new legal instrument. Such an instrument MEMO #2—ESTABLISHING INTERNATIONAL RE- As interpretations of norms acknowledging could be a protocol to an existing treaty PRODUCTIVE RIGHTS NORMS: THEORY OF reproductive rights are repeated in inter- (such as the optional protocol to the African CHANGE national bodies, the legitimacy of these Charter on Human and Peoples’ Rights or a Our goal is to ensure that governments rights is reinforced. In addition, the gradual new protocol to CEDAW) or a free-standing worldwide guarantee women’s reproductive nature of this approach ensures that we are treaty. A campaign for the adoption of a new rights out of an understanding that they are never in an ‘‘all-or-nothing’’ situation, where international treaty would be an extremely bound to do so. The two principal pre- we may risk a major setback. Further, it is involved, resource-intensive and long proc- requisites for achieving this goal are: (1) the a strategy that does not require a major, ess. It might begin with a campaign for a strengthening of international legal norms concentrated investment of resources, but General Assembly Declaration on Reproduc- protecting reproductive rights; and (2) con- rather it can be achieved over time with reg- tive Rights or another soft norm. Then there sistent and effective action on the part of ular use of staff time and funds. Finally, would be a process of drafting a treaty, get- civil society and the international commu- there is a stealth quality to the work: we are ting broad input from many key players. nity to enforce these norms. Each of these achieving incremental recognition of values Again, workshops would have to be held conditions, in turn, depends upon profound without a huge amount of scrutiny from the around the world to establish buy-in. Then social change at the local, national and opposition. These lower profile victories will there would be a process of, identifying sym- international (including regional) levels. gradually put us in a strong position to as- pathetic delegates in the General Assembly. Ultimately, the goal of strengthening sert a broad consensus around our assertions. These efforts would be followed by years of international norms and enforcement is to There are also disadvantages to this ap- campaigning, with the leadership of a sophis- ensure that appropriate legal norms are in proach. As decisions are made on an ad hoc ticated, media savvy team. place at the national level so as to improve basis to apply to a variety of situations, There are clearly a number of advantages women’s health and lives. Working on the there may be a lack of clarity or uniformity to this approach. First, it offers the poten- above prerequisites can help ensure. na- in the decisions.. It thus may be harder to tial for strong, clear and permanent protec- tional-level normative changes, but these point to one position as an ‘‘accepted’’ inter- tions of women’s reproductive rights. Fur- processes are not linear and the adoption of pretation. In addition, the incremental na- ther, having a campaign with clear objec- appropriate national-level norms may hap- ture of this approach escapes the notice of tives could serve as a focal point for advo- pen first and can, in turn, influence and not just our opponents, but also our poten- cacy around the world. In addition, the cam- strengthen international standards. Our goal tial allies. It is very difficult to gain press paign itself could have an educational func- above is reached only when governments in attention to issues affecting a relatively tion with the potential to influence national- fact guarantee women’s reproductive rights, small group of.people or a narrow set of level legislation. first by adopting appropriate laws and poli- facts. Finally, because we cannot rely on re- There are also potential disadvantages to cies, and, second, by adequately imple- spect for precedent in international and na- consider. Embarking on a campaign for a menting them. Thus, a third prerequisite is tional bodies of overlapping jurisdictions, new legal instrument appears to concede suggested that reinforces international gains that we achieve may be lost in subse- that we do not have legal protections al- standards: adoption and implementation of quent decisions. While we have seen an en- ready, making failure potentially costly. appropriate national-level norms. couraging trend in international jurispru- Moreover, during the many years it takes to Achieving the above goal does not depend dence, we are forever at risk of losing ground succeed in adopting an instrument, we create on legal strategies alone. Support for norms in the same fora. the impression that women are and their enforcement may require sustained B. Working Toward a Customary Norm ‘‘protectionless.’’ Second, the campaign is public awareness-raising campaigns, media The second approach has much in common unlikely to succeed in the near term, and attention, and support from key sectors like with the first. It involves a gradual process thus might be deemed a waste of limited re- the medical community, among others. The of seeking repetition of interpretations of sources. Finally, depending of the timing of role of law in social change is a complex one. existing norms to encompass and protect re- the campaign and the surrounding condi- But the adoption of good reproductive rights productive rights. Again, we seek affirma- tions, it could stir up nasty opposition, norms at the national, regional and inter- tion in international adjudicative fora and which might ultimately set the movement national levels is crucial because it indicates national-level courts, as well as at inter- back, at least temporarily. such norms’ formal recognition, and provides national conferences. The difference in tak- V. Conclusion and further questions a firm basis for the government’s duties, including its own compliance and its enforce- ing this approach is that it would require There are a number of questions that we adopting an overarching strategy for our ment against third parties. With formal rec- would need to answer before we decided on a ognition of reproductive rights through law, interventions. We could first develop a wish- strategy. Some of these questions may be. list of international legal protections that women’s ability to exercise these rights is best answered by people outside the organi- left to chance. need to be developed, ideally through con- zation. These might include Ruth Wedgwood, vening workshops around the world designed The remainder of this memo attempts to David Weissbrodt, Oscar Schacter, Donna concretize the Center’s theory of how such to sound out additional gaps in existing Sullivan, Ken Roth, Rebecca Cook, Roger international law and reinforce the interest change can be achieved, with an emphasis on Norman, Widney Brown, Anika Rahman, and the Center’s possible role in this process. of allies in following a set of strategic prior- certainly others. Whatever strategy we pur- ities. We would then seek every opportunity This memo serves as an initial concept sue, we should continue to research our ap- paper, not a work plan. In some cases, activi- to get items on our wish-list incorporated proach, perhaps by enlisting the assistance into treaty interpretations and soft norms. ties identified are already well underway. of students at a law school clinic. But, in any case, we recognize that we can- The advantages of such an approach are Here are some questions we would like an- many. First, it would give focus to our cur- not undertake all the work suggested by the swered: analysis below, but that this provides us rent work, forcing us to establish a set of 1. Are the weaknesses in international with a more concrete starting point for iden- priorities. Our priorities could be reflected norms protecting reproductive rights of a se- tifying what needs to be done and our appro- both in our advocacy and in our efforts to verity that can only be remedied by the priate roles. shape public opinion. The approach would adoption of a new legal instrument? draw a minimal level of distracting opposi- 2. Do most governments currently think 1. Strengthening international legal norms tion, while increasing our visibility with our that they have a duty to uphold reproductive Our legal analyses to date are primarily allies. rights? Do they care about interpretations of based on interpretations of well-accepted The major disadvantage is that developing hard norms and do these interpretations international norms. There are at least three a customary norm is a slow process and it is shape their views about their obligations means of strengthening these norms to en- difficult to know when you have accom- under international law? sure greater protection of reproductive plished your goal. Very few norms that are 3. As a matter of public perception, does rights: broadening authoritative interpreta- currently considered accepted and main- pursuing a new instrument—without any as- tions of existing norms; gradually estab- stream can be attributed to recent deliberate surance of success—undermine current lishing an international customary norm; campaigns. While the standard for creating a claims regarding the existence of reproduc- and adopting a new legal instrument pro- customary norm is open to some scholarly tive rights? tecting reproductive rights. (For a more de- debate, most such norms can be traced to 4. Would it be more strategic, to consider tailed description of these approaches, see centuries of practice and belief. In addition, an instrument covering other ‘‘gaps’’ in legal Memo #1.)

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.270 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2539 Regardless of the mechanism, expanding C. Garnering Support Among Governments adopt progressive laws where none had ex- legal protections requires action on multiple and Countering Opposition isted; fronts. First, there is a process of developing Ultimately, we must persuade govern- Examining the effectiveness of implemen- broad international agreement among our al- ments to accept reproductive rights as bind- tation of laws and policies; and lies and potential allies on what the norms ing norms. Again, our approach can move Assessing whether courts are adequately should be. Second, steps must be taken to forward on several fronts, with interventions enforcing existing legislation. put reproductive rights on the agenda of both at the national and international lev- DOMESTIC LEGAL PROGRAM SUMMARY OF international normative bodies. Finally, ad- els. Governments’ recognition of reproduc- STRATEGIC PLANNING THROUGH OCTOBER 31, vocates must foster broad support for repro- tive rights norms may be indicated by their 2003 ductive rights among governments while support for progressive language in inter- countering opposition. The following sub- national conference documents or by their Staff attorneys in the Domestic Legal Pro- sections will address each of these activities adoption and implementation of appropriate gram (DLP) have met with our strategic in greater detail. national-level legislative and policy instru- planning consultants and Nancy Northup to A. Developing Agreement on Norms ments. In order to counter opposition to an discuss our current work and to plan for the future. At our initial meeting we focused on Much of the work of developing agreement expansion of recognized reproductive rights norms, we have questioned the credibility of the following issues: on norms protecting reproductive rights has Abortion Litigation: Are the litigation such reactionary yet influential inter- been achieved at United Nations conferences, strategies of the last 10 years still viable? If national actors as the United States and the including the International Conference on so, for how much longer? Should we be tak- Holy See. Our activities to garner support Population and Development (1994) and the ing a different approach to some of the issues for international protections of reproductive Fourth World Conference on Women (1995). that we have been litigating? While documents adopted at these con- rights include: How can we influence the people who influ- Lobbying government delegations at UN ferences are not themselves legally binding, ence the legal landscape around reproductive conferences and producing supporting anal- they are a clear articulation of most of our rights? How does CRR influence these com- yses/materials; institutional values, and they have been for- munities now? Are there new strategies we mally accepted by nearly every government Fostering alliances with members of civil society who may become influential on their should adopt? What are the key issues? What in the world. There are (as noted in Memo would it take to resolve those issues? #1) a number of gaps in the content of these national delegations to the UN; and Preparing briefing papers and factsheets Expanding Beyond Abortion. What are the international agreements, and much work is other reproductive rights issues we have not needed to gather support for the Center’s po- exposing the broad anti-woman agenda of our opposition. been addressing or that we should put re- sition on how these gaps should be filled. For newed energies into? example, the Center needs to continue its ad- 2. Enforcing international protections of As a result of these discussions, we formed vocacy to ensure that women’s ability to reproductive rights working groups on the following four issues: choose to terminate a pregnancy is recog- For legal protections of reproductive (1) the future of our traditional abortion liti- nized as a human right. Advocacy of this na- rights to be meaningful, they must be tested gation; (2) development of systematic ap- ture can be carried out through various through concerted enforcement efforts. En- proaches to or ‘‘campaigns’’ concerning se- means, including: forcement of human rights norms can be pur- lected core issues; (3) the development of Public education and awareness-building, sued at the national, regional and inter- non-abortion related litigation; and (4) de- in part through production of advocacy ma- national levels. Some enforcement strate- velopment of new approaches to influencing terials and publicity surrounding their re- gies, such as the use of the treaty moni- the legal landscape. A summary of our lease; toring bodies, also serve the goal of strength- thinking to date follows: Bringing reproductive rights into the ening legal norms, as described above. I. The future of traditional abortion litigation mainstream of legal academia and the Advocates’ use of enforcement mechanisms We believe that the traditional abortion human rights establishment; and can help cultivate a ‘‘culture’’ of enforce- litigation that has formed the core of our Collaboration with NGOs engaged in estab- ment in which violations of reproductive legal program in the United States has been, lishing legal norms at the national level. rights are recognized as such by victims, and and is likely to remain, the most effective complaints are addressed under conditions of B. Putting Reproductive Rights on the strategy for protecting the right to choose impartiality and the rule of law. Specific ac- International Agenda abortion in hostile political climates, like tivities that contribute to enforcing inter- Developing broad agreement on norms pro- that we face today, as well as in friendlier tecting reproductive rights does not in itself national norms include: Using adjudicative mechanisms at the na- times. Even under pro-choice Administra- ensure that they will find their way into tions, women’s right to choose has always international law. Advocates have to look tional, regional and international levels; Documenting, and publicizing reproductive needed, and will need again, the protection for opportunities—such as international con- rights violations and recommending appro- of the judiciary from hostile majorities in ferences and meetings of treaty monitoring priate reforms; and many, if not most, states. Moreover, Su- bodies and other UN human rights bodies—to Supporting efforts to strengthen existing preme Court decisions in litigation arising put norms relating to reproductive rights on enforcement mechanisms, such as the cam- from these hostile states have defined the the international agenda. In some cases, the paign for the International Criminal Court contours of the right to choose. If CRR is timing of such efforts may depend upon stra- and the Optional Protocol to the Convention going to continue to have an impact on legal tegic considerations. For example, advocates on the Elimination of All Forms of Discrimi- developments in our field, we need to con- for reproductive rights opted not to lobby for nation against Women (CEDAW). tinue to be involved in these cases. There- an official 10-year review of the Inter- fore, we will carry on in this area, informed national Conference on Population and De- 3. Adoption and implementation of appropriate national-level norms by evolving standards in some areas, such as velopment, fearing that negotiations would TRAP and biased counseling cases. We have be hijacked by the right-wing, which in- An important measure of the extent to also made a plan for reviewing our options to cludes the current U.S. Government. which a particular government accepts its bring new ‘‘affirmative’’ litigation in areas There are several means of putting repro- obligation to respect, protect and fulfill re- such are Medicaid funding and parental in- ductive rights on the agenda of international productive rights is whether it has adopted volvement. The attached memo (#1) dis- normative bodies, including: and is properly implementing appropriate cusses these issues in some more detail. Identifying allies in government and civil legislation and policy. This may come about MEMO #1—FUTURE OF TRADITIONAL ABORTION society who can champion reproductive through means other than an international LITIGATION rights; enforcement effort. For example, the na- Securing positive interpretations from the tional political moment may be ripe for I. Traditional work treaty monitoring bodies related to repro- change, with or without the influence of When the Center was founded in 1992, its ductive rights, either through the reporting international standards. Such changes in one staff was already well-known for the litiga- processes or by bringing individual com- or more countries, particularly key coun- tion conducted at the ACLU’s Reproductive plaints; tries in a region, may have a catalytic effect Freedom Project. The Center built on that By seeking action from such UN and re- on neighboring countries or on the solidifica- reputation and, through the 1990’s, solidified gional bodies as the Human Rights Commis- tion of international norms. Moreover, these its position as the preeminent team liti- sion and its sub-Commission and the Euro- kinds of changes, whatever the impetus, gating on reproductive rights in the U.S, pean, Inter-American, and African commis- must be encouraged as they are more likely with the largest caseload by far of any other sions/courts on human rights; and to have an immediate impact on the health group. The Center’s reputation developed be- Engaging the media in bringing reproduc- and lives of women previously unable to cause of its willingness to litigate issues oth- tive rights to the attention of relevant inter- enjoy reproductive rights. ers had discarded (e.g., waiting periods and, national, regional and national normative Similar to activities outlined in #2 above originally, the ‘‘purpose’’ prong of Casey bodies, including legislators, other govern- regarding enforcement, possible activities in (which has since been eviscerated by the Su- ment officials, local and international judi- this area include the following: preme Court)), its determination to push the cial bodies, as well as medical bodies that Providing input to civil society or govern- envelope with legal theories that were some- can influence law and policy. ment actors to change offensive laws or times on the edge, and because of the sheer

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.275 E09PT1 E2540 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 volume of cases we have been able to handle on clients; impact on women; helpful to ju- (2) It is very difficult to garner public and with a fairly small staff. We have also earned risprudence; distinguishing ourselves from legislative support on issues concerning mi- a reputation as being very client focused— the field by taking on issues others wouldn’t; nors. (3) We will likely have to confront the often assisting clients with issues that arise dominating specific areas to insure CRR’s politically difficult issue of whether minors in their day-to-day operations—issues that impact in that area; other organizations’ in- have a right to have sex (and more generally, other attorneys either cannot or will not volvement in these issues; institutional re- whether minors should be treated as adults). handle (a recent example is the litigation in sources; and costs. (4) This area involves difficult line drawing Michigan over the payment provision in the MEMO #2—REPORT TO STRATEGIC PLANNING and subtle points that are difficult to convey amendment to the waiting period statute, an PARTICIPANTS FROM SYSTEMATIC APPROACH to the public in an appealing way. (5) There issue the ACLU RFP declined to litigate). SUBGROUP is growing opposition amongst minors to Although often in a defensive posture, chal- This group met to discuss ‘‘systematic ap- abortion and being pro-choice (or at least a lenging restrictive legislation enacted in the proaches’’ or ‘‘campaigns’’ that CRR might national pro-life campaign aimed at teens states, the Center sought to use this litiga- pursue. We considered five possible topics for that is garnering more public attention). tion to restrict the reach of Casey’s undue such an approach: (1) minors’ access to re- Possible Elements: burden standard and to strengthen the productive health care; (2) developing our (1) Legal research and writing to (a) de- ‘‘state interest’’ inquiry in privacy and equal use of equal protection jurisprudence to pro- bunk the extent of parental rights currently protection claims. tect reproductive rights; (3) minimizing the recognized; (b) discuss the development of Recently, the frustration of funders with burdens of the undue burden standard; (4) minors’ legal rights generally; and (c) ana- the current Administration and anti-choice abortion funding/Harris v. McRae issues; and lyze sodomy and death penalty cases to see Congress, and their assault on reproductive (5) developing our use of first amendment ju- how courts and litigants have relied on rights and the judiciary, has led some to risprudence to protect reproductive rights. evolving societal norms and social science question the usefulness of traditional abor- These topics were suggested at the initial evidence. tion litigation. What good is all our work if strategy meeting of the domestic program. (2) Comprehensive survey of available sci- the Bush Administration can simply take it For each topic, we considered whether a entific evidence supporting our positions all away with the stroke of a pen, by, for ex- campaign would be useful to the field, what (e.g. re: competency of minors, importance ample, enacting the federal partial-birth the positives and negatives would be to pur- of confidentiality for access), to use to (a) abortion ban that we are currently fighting? strengthen our position and to (b) assess Therefore, we are examining whether our suing the campaign, whether the Center is well-positioned to pursue the campaign, and where we need to fill in the gaps. traditional work will continue or whether we (3) Follow up to fill in the gaps with addi- need to anticipate a new legal landscape, ei- how the campaign might be effectuated. It is our opinion that our field would ben- tional studies, development of expert wit- ther because limitations on the right to efit from a systematic approach in the first nesses, etc. choose will be firmly established and viable two of these areas—minors and equal protec- (4) Work with major medical groups to de- legal challenges will dwindle or because Roe tion—and that the Center is well-positioned velop and expand public policy regarding mi- v. Wade will be overturned or substantially to pursue such an approach in those areas. nors’ ability to consent to medical care and undermined, also eliminating the cases that We believe that the Center needs to under- need for confidentiality. make up much of our current docket. take work in the third area—undue burden— (5) Advance legislation re: minors’ ability A. Will Our Traditional Work Continue in Its but that such work may not be well-suited to to consent to care and confidentiality of Current Form? the context of a campaign. Finally, it is our care. This group examined our traditional work, opinion that a systematic approach would (6) Develop litigation—bring facial chal- particularly focusing on whether we should not be productive or useful to the field with lenges to non-abortion consent and confiden- alter the standards we use to evaluate respect to the last two areas—funding and tiality issues in federal court; as-applied whether to bring a case in one of our tradi- first amendment. This does not mean that challenges to parental involvement for abor- tional areas, such as TRAP, parental in- we wouldn’t do work in these areas but just tion laws in federal court; state courts cases volvement, abortion bans, biased counseling/ that they do not lend themselves as well to to establish rights or minors. mandatory delay laws. We believe this work a systematic campaign. (7) Public education strategy to support will continue, though in some altered forms. The following is a summary of our discus- legislative/litigation efforts. Two examples are: sion of the five possible campaign areas. For (8) Develop an international component, It is unlikely that we will bring another each area, we have included an articulation which looks at international norms on the federal court challenge to a requirement of the possible campaign and some thoughts rights of children. that women make two-trips to their abortion about the positives and negatives of pursuing II. Equal protection provider, but we will continue to evaluate that campaign. With respect to the three Articulation: Project to expand the use of whether these laws can be challenged on areas where we thought a campaign—or, in equal protection doctrine to protect women’s other grounds and whether a state court the case of undue burden, other work—might access to abortion and contraception. This challenge is appropriate; be useful, we have also included some pos- includes: (1) reversing decisions indicating We may bring limited challenges to TRAP sible elements for the campaign. that pregnancy and abortion discrimination schemes, particularly where they threaten I. Minors are not sex discrimination; and (2) devel- patient privacy (the outcome of our Arizona oping the fundamental rights strand of equal TRAP case on appeal to the Ninth Circuit Articulation: A project to secure the fun- protection to prevent singling out of abor- will be important here). damental right of minors to access all reproductive health services confidentially. This tion and abortion patients from rest of medi- B. Additional ‘‘Affirmative’’ Litigation To includes: (1) undoing the notion that paren- cine for the imposition of special burdens. Bring in Our Traditional Areas? tal rights are an adequate justification for Positives: (1) This is an area of law that we We also examined whether there is addi- imposing additional burdens on minors seek- could do more with. (2) Because this area of tional ‘‘affirmative’’ litigation we should ing abortions or other reproductive health law is not yet firmly established in the abor- bring. While we think there is probably only care; (2) staving off efforts to require paren- tion arena, we don’t have to overcome lots of one more viable state constitutional chal- tal involvement for minors seeking contra- precedent to be able to make progress. (3) lenge to a Medicaid funding ban left, we be- ception and abortion; (3) undoing child abuse Equal protection claims get us out from lieve that we should do additional research reporting requirements with respect to non- under some of the proof difficulties we have on state constitutional equal protection case abusive sexual relations; (4) ensuring minors’ with undue burden claims. (4) This project is law to insure that this is the case. Coming ability to consent to all reproductive health more accessible to the public than the undue off our recent successes in Alaska and Flor- services; (5) establishing minors’ right to burden project. (5) This project gives us a ida, we have considerable expertise in state comprehensive information about reproduc- way to talk about abortion in terms of fair- constitutional challenges to laws forcing pa- tive and sexual health. ness and discrimination principles, which are rental involvement in a minor’s decision to Positives: (1) This has always been one of appealing and understandable to the public. have an abortion. We will determine whether our priority areas. (2) We are seeing the antis (6) This issue is important to our goal of en- to move forward in any more states as part push hard to diminish minors’ rights, so we suring access to abortion. (7) This project of our Systematic Campaign discussed in should see what we can come up with to push might be able to be combined with the undue Memo #2. hard back (i.e., being proactive in addition to burden project. We are also following through with our defensive). (3) The topic lends itself well to a Negatives: None articulated other than the cases challenging Choose Life license plates systematic approach. (4) The issue extends potential for bad outcomes, which exists and the fundraising these plates do for so- beyond abortion. (5) This is a topic about with all five possible projects, and the fact called Crisis Pregnancy Centers. We are cur- which we can coordinate efforts with our that federal courts have not yet been recep- rently seeking law firm support for new international program. tive to equal protection arguments where cases in two or three states. Negatives: (1) In terms of parental involve- they have been advanced. II. What is the framework for answering these ment for abortion, we have large body of fed- Possible Elements: questions? eral case law against us (which makes our (1) Legal research and writing as to (a) In developing our plans for new litigation, campaign harder), and the reasoning of that abortion as sex discrimination; (b) abortion we will balance the following factors: impact case law could be applied to contraception. discrimination under the fundamental rights

VerDate jul 14 2003 08:09 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.280 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2541 strand; and (c) analyze sodomy and death Negatives: Unlike what happened with sod- (3) Collaborate with groups that are work- penalty cases to see how courts and litigants omy laws, we are not going to be able to get ing more directly with these issues to see if have relied on evolving societal norms and an expansion of abortion funding rights in we can educate ourselves to possible litiga- social science evidence. the states: we are running out of state courts tion opportunities; (2) Analysis of how equal protection juris- to rule in our favor on the funding issue, and (4) Assess whether there are non-litigation prudence has evolved in other areas. in most states we have no chance of getting opportunities and consider if this is an area (3) Public education to talk about abortion the legislature to act in our favor. we would consider directing resources. laws (and other obstacles to repro health V. First amendment II: Women of Color care) as both discrimination against women Articulation: Project to enhance reproduc- Articulation: Laws restricting access to re- and unfair discrimination against abortion. productive health services disproportion- (4) Look to expand the litigation areas in tive rights through the development of first ately affect women of color and women fac- which we push equal protection claims and amendment theories in areas like specialty ing economic barriers. Our litigation work state ERA claims (e.g. contraceptive equity, license plates and biased counseling. on funding bans is an example of our long- challenges to abortion restrictions as applied Positives: (1) We could try to develop this standing commitment to this area; however, to medical abortion). area of law, in which we have had some suc- we need to explore other ways of addressing (5) Analysis of the kinds of factual develop- cess; (2) restrictions that are imposed on the needs of this population head-on. While ment we should do in cases in which we bring speech about abortion, and preferences given the work of the International Legal Program equal protection claims. to antiabortion speech, undermine the right deals with many of these issues, we realize (6) Development of studies helpful to our by contributing to an anti-choice public dia- that the Domestic Legal Program could equal protection claims such as (a) study logue about our issue. place more specific emphasis in this arena. comparing the morbidity and mortality of Negatives: (1) First amendment theories Some of the possible areas of litigation abortion with that for other office surgeries; have limited application to restrictions on which cross-over with ILP are: (1) women in (b) study establishing that other health care reproductive rights; (2) this area does not the criminal justice system; (2) immigration; decisions women make are comparable to lend itself as well to a ‘‘campaign.’’ and (3) trafficking; and (4) safe motherhood/ the abortion decision in relevant respects. MEMO #3—REPORT TO STRATEGIC PLANNING (7) Develop strategies for advancing legis- PARTICIPANTS FROM ‘‘OTHER LITIGATION’’ pregnancy. Positives: (1) This has always been one of lation that would add to women’s protec- SUBGROUP our priority issues; (2) we cannot claim to be tions against sex discrimination in health This group met to discuss ‘‘other litiga- serving the reproductive health needs of care (e.g. establishing that disparate impact tion’’ that CRR might pursue in addition to women in the U.S. if we are ignoring issues on pregnant women is sex discrimination). areas in our current docket. We focused on specific to women of color; (3) the issue ex- III. Undue burden three main areas: (1) contraception; (2) tends beyond abortion; and (4) we may be Articulation: Project to limit women of color; and (3) misleading informa- able to coordinate efforts with the Inter- the’application of the undue burden standard tion. These topics were discussed at the ini- national Legal Program. and to increase its ‘‘bite’’ so as to bring it as tial strategic planning meeting of the do- Negatives: (1) We are not sure that legal close to strict scrutiny as possible. This in- mestic program. For each of these topics, we strategies are the most useful strategies to cludes: (1) limiting the application of the considered some of the possible ways that we combat reproductive health issues specific to undue burden standard (e.g. requiring a might pursue work in these areas; the women of color and economically disadvan- health exception and service of a legitimate positives and negatives of pursuing these taged women; (2) we have little experience state interest regardless of burdens); (2) de- strategies; and possible elements pursuing (and some would say credibility) in this area, veloping meaningful purpose prong chal- these issues might entail. other than defense of women being pros- lenges; and (3) developing case law estab- I. Contraception ecuted for drug use and our Medicaid cases, lishing some burdens as undue. Articulation: The Center’s commitment to and, therefore, would first need to take a Positives: (1) The law in this area is not reproductive rights includes a woman’s right systematic look at the needs of women con- yet fully developed so we have some more to control if and when she becomes pregnant. fronting racial and economic barriers, and room to make progress than we do in other We considered possible ways that we may be would need to devote the resources to do this areas. (2) Progress in this area would posi- able to expand our work in the area of con- properly; (3) cases in this realm might in- tively affect all our abortion cases. (3) This traception, including potentially focusing volve non-impact litigation, which we aren’t issue is important to our goal of ensuring ac- on: (a) funding restrictions (e.g., restrictions as accustomed to taking on; and (4) we are a cess to abortion. in Medicaid, Title X, and in abstinence-only department/organization comprised largely Negatives: (1) This project is difficult to programs); (b) government restrictions, both of economically advantaged white women, support through public education or media on a macro and micro level (e.g., statutes which undermines our credibility in this (since it is so legally-focused). (2) These and or regulations; police harassment of sex area. kinds of cases are very resource-intensive. workers by destroying condoms; school poli- Possible Elements: (3) Successes in these factually-intense cases cies that prohibit condom distribution); (c) (1) Focus on areas in which we already can be difficult to apply more broadly. Title VII and Title IX cases, expanding the have some expertise, e.g., treatment of preg- Possible Elements: Title VII precedents into the university set- nant women who use drugs or abuse alcohol, (1) Analysis of federal courts’ application ting; and (d) women of color’s specific con- women in prisons and funding issues. of the undue burden standard and assessment cerns in this area (e.g., steering towards cer- (2) Identify other areas in which specific of where they have improperly articulated tain methods; unique access issues; and im- issues facing women with economic and so- the standard. plications in sentencing). cial barriers could be remedied or addressed (2) Legal research and writing regarding (a) Positives: (1) This is an area in which the through legal strategies, e.g., issues facing how the standard should be interpreted; and Center has had a long-standing commitment immigrants and migrant workers, and safe (b) areas where we can try to limit applica- and it would affirm that commitment to liti- motherhood/pregnancy issues. tion of the standard (e.g., with health excep- gate issues affecting access to contraception. (3) Work in partnership and build relation- tions, lack of legitimate state interest). (2) Work in this area could have a significant ships with other groups working on issues af- (3) Analysis of which types of abortion re- impact on the lives of women. (3) Increasing fecting the health of women of color. strictions actually have the effect of impos- access to contraception is much less con- (4) Identify legal strategies. ing the greatest burdens. troversial than abortion. This could be po- III. Misleading Information (4) Obtain studies demonstrating the ef- tentially significant to donors, press, public, Articulation: This area includes the fol- fects of those most burdensome laws. and courts. (4) Expanding our work in this lowing issues, which we believe contain mis- (5) Litigation challenging those most bur- area would undercut the criticism that we leading information by definition, or often densome laws in favorable circuits. are solely an abortion-rights organization. incorporate misleading information: (1) ab- IV. Funding Negatives: (1) It is difficult to find legal stinence-only education; (2) abortion/breast Articulation: A project to overturn Harris theories to pursue many of the areas identi- cancer link; (3) crisis pregnancy centers v. McRae by building upstate court opinions, fied. (2) In those areas where legal theories (‘‘CPC’s’’); and projects by anti organizations state legislation and factual bases to compel are clearly articulated (e.g., Title VII and such as Life Dynamics Inc. (‘‘LDI’’) that dis- the Supreme Court to overrule its prior deci- Title IX), it is difficult to find women willing tribute misleading information. The most sion as it did in Lawrence v. Texas with re- to be plaintiffs and there are many groups noteworthy project by LDI was their cam- spect to Bowers v. Hardwick. The strategy pursuing these goals. paign to public schools indicating that a would be to showthat the law and social Possible Elements: school, or school employee, could be legally standards have evolved since Harris v. (1) Research and assess whether there are liable for distributing reproductive health McRae in recognition of the fact that, for viable legal avenues to pursue in this area; information to students. poor women, access to public funding for (2) In those areas where there are well-ar- Positives: (1) Distribution of misleading in- abortion is part of their constitutional right. ticulated viable legal avenues, assess wheth- formation regarding reproductive health Positives: Funding is one of our priority er or how much resources the Center should care can have devastating effects and under- issues, and the Harris decision has had a very direct in light of other groups’ commitment mines our goal of enabling women to be significant on women’s access to abortion. to these issues; knowledgeable and obtain safe and medically

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.286 E09PT1 E2542 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 appropriate reproductive health care; (2) this Communications programs I directed before Is our goal to increase our visibility or is has been a more recent and successful cam- coming to the Center. it to change how people think about the Cen- paign by the antis, both to the public and in TWO COMMUNICATIONS MODELS ter? If it is to become better known, for what the courts; (3) outing the antis as liars would The Vera Institute of Justice had an entre- and by whom? undermine their credibility; (4) although sev- preneurial goal. We wanted government offi- What is different about the Center now as eral medical and health people and groups, cials to hire us to make government justice compared to earlier in its history? What do as well as legislators, are outraged by these systems fairer and more efficient. We be- we want people to understand about how tactics, there hasn’t been much success in lieved that without actual government in- we’ve changed? countering these attacks; thus, we could vestment in the research and projects we pi- Is our goal to make people understand re- stand out on these issues. In fact, we are the loted, there wouldn’t be the necessary will to productive rights as human rights? only group with significant experience liti- change. And we wanted to be known, unlike What is unique about our organization gating (and refuting) the claims of an abor- government bureaucracy, as an organization that we want people to know? What people? tion-breast cancer link. that got things done. Do we want to be known as a cutting edge Negatives: (1) We have struggled for years This goal meant that Communications organization that generates innovative without much success to try to develop legal strategy focused on marketing more than ad- ideas, i.e. a think tank for litigation and ju- theories to attack these issues proactively; vocacy. We developed strong research reports risprudence? (2) we think that there might be viable non- and briefing papers, as well as attractive and Do we have a special role to play to en- constitutional legal theories, but we are not forceful ‘‘identity’’ materials (that described courage thinking about the proper role of experts in some of those areas and therefore what we do). We also established the presi- the courts in protecting reproductive rights? don’t even know of the existence of some dent and other key staff and colleagues as avenues; (3) cases in this realm might in- trusted and authoritative resources. But we CENTER FOR REPRODUCTIVE RIGHTS—STRA- volve non-impact litigation, which we aren’t kept a very low media profile, with a few ex- TEGIC PLANNING WORKSHOP, NOVEMBER 10, as accustomed to taking on; (4) individual ceptions. For example, when we launched our 2003 cases in this area often are seen as less im- citizens’ jury project, which essentially AGENDA acted as ombudsman for jurors in New York portant than the impact litigation facing us Overview and, therefore, fall through the cracks; (5) City courts, Judge Kaye encouraged us to LDI has been quite careful to try to stay publicize it as much as possible, because we 1. Introductions, agenda for workshop, within legal bounds with their misleading at- wanted New York City residents to use the strategic planning overview, rules, and roles tacks. service. For the most part, however, we [9:00–9:30]. Possible Elements: sought less to get our name in the media 2. Agree on a planning perspective [9:30– (1) Decide if this area is a priority for us than, to change the quality of reporting on 9:45]: and determine if that depends on whether we criminal justice. So we held a seminar for What can we accomplish in this political can litigate in the area or not. If so, proceed editors and reporters at which they and and economic environment? to the following elements; criminal justice experts exchanged (no holds What are appropriate strategic planning (2) Brainstorm regarding litigation versus barred) views on how the media could do a horizons for the Center and our issues? e.g. non-litigation tactics; better job and how researchers could help Next 1–2 years; 3–5 years; 5 years plus. (3) Do fact research on types of misleading them do it. How do we combine strategic cost reduc- information and then prioritize potential at- An adjunct goal of Vera’s was to encourage tion and strategic planning? tacks on the different types of dissemina- the next generation of government official or Identify the Issues Raised During the Stra- tion; public interest lawyer who might become our tegic Planning Interviews and Staff Work- (4) Do legal research in obvious areas with partner in future projects or perform pro shops [9:45–10:15]. which we are familiar—i.e., First Amend- bono work for us. For example, we invited Focus the Work ment entanglement/establishment clause law firms to propose young partners to at- 4. International Legal Program: How can (see license plate cases and the Gibbons case tend a series of after-work seminars we held, we begin to focus our International Pro- introducing them to high-level officials in in E.D. La.); gram? [10:15–11:30]: NYC government who could explain how var- (5) Determine how to familiarize ourselves What have we learned in pursuing our 4 ious parts of the justice system worked. with other areas of law that we’re not so fa- key strategies? The International Women’s Health Coali- miliar with—including business torts such as Accomplishments and outcomes. tion had a very different goal: to promote interference with business, torts, false adver- Shortcomings. and protect women’s and girls’ reproductive tising—both currently and how to keep What is our Theory of Change guiding our abreast of changes in the area (have a law and sexual health and rights. Our strategy focused in inserting a gender perspective future program activities? firm do a CLE for us and be our consultant How do we evaluate the effectiveness/suffi- on such matters?); into international policies and agreements, either directly through our own staff’s in- ciency of existing international norms? (6) If lawsuits are a viable option, decide What does this evaluation mean for focus- how to proceed with them (alone? With a law volvement with global entities such as the World Health Organization or, on a country ing our work, e.g.: firm?). Testing international and regional enforce- What are our criteria for project and site level, through funding and technical assistance to groups trying to change national and ment mechanisms? selection? Do we have ‘‘clients’’? Are they Timeframe? our NGO partners? Women in need? UN agen- regional policy. Communications developed and provided Selecting priority countries, issues, cies? Sister organizations in the US/Europe? projects? How can we make these ‘‘clients’’ more a written and audiovisual ‘‘tools’’ to these groups (case studies of successful programs, Morning Break [11:30–11:45]. part of our strategic planning and priority 5. Domestic Legal Program: What are the setting? how-to manuals, etc.), as well as policy papers, disseminating them widely through our opportunities and limitations in our agenda? C. Integrating the Center’s Program Work website, and, when possible, publishing in [11:45–1:00] The Center’s work in the U.S. and abroad peer-review journals. What is the future of traditional abortion has proceeded on independent tracks (e.g., We also engaged aggressively with the jurisprudence? we have not used the international human media, partly in order to embarrass the Bush How is our defensive work moving the rights strategies in the U.S.). Should the new administration for its failure to support the legal norms forward? interest by the Supreme Court suggest we reproductive rights and needs of women glob- What is the importance of our continuing should be taking a human rights approach in ally. This included the development of Bush litigation work in other areas? the U.S.? What would that involve? Are and Congress Watch fact sheets detailing the Who else does this work and what gives the there other ways in which our domestic and actions and appointments of this Adminis- Center a competitive advantage? international work could be integrated? tration that held back progress on women’s What is a more systematic approach to reproductive rights both domestically and strengthening the abortion case? STRATEGIC PLANNING: COMMUNICATIONS— internationally. What would it mean for CRR? FIRST STEPS Because IWHC also cared about involving Which issues, e.g. minors and equal protection? Like the other programs at the Center, do- the next generation of leadership, we too Who else do we bring to the table? mestic and international, Communications brought together potential leaders doing cut- Lunch [1:00–2:00]. needs to be strategic. And for Communica- ting-edge work from around the world to en- tions to be strategic, the Center must have a courage dialogue and generate momentum Coordination Across Programs clearly articulated goal. for change. Communications sometimes pub- 6. A Global Perspective: How can we better So the first question we must ask is, Why lished the results of those dialogues. coordinate our International and Domestic communications? What purpose does it serve CENTER FOR REPRODUCTIVE RIGHTS: KEY programs? [2–2:45] for the Center? QUESTIONS What are the implications for the U.S. as Depending on the organization, Commu- In order to develop effective Communica- we advocate for International norms? nications strategies vary widely. Here are tions strategies, we must first ask questions Why don’t we treat the U.S. as a country two examples from two organizations whose like these: in the world of nations?

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.293 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2543 Would the distinct programs have more globally. We are the world’s only organiza- laws and policies contributing to maternal commonality and synergy if the Inter- tion of international human rights lawyers mortality in select countries, and make rec- national Program focused on legal and that focus exclusively and extensively on re- ommendations for change. Our first report, Human Rights enforcements? productive rights. Nearly all of our inter- on Mali, was released in February 2003 and How will this coordination change/enhance national legal advisors come from the represented at the landmark Amanitare Con- our domestic and international agendas? gions we cover; all have honed their skills at ference in South Africa in March. 7. Communications: What issues should we top law schools, legal organizations and na- Advancing adolescents’ access to reproduc- consider as we make Communications a tional-level NGO’s before joining the Center. tive health services through reporting, fact- more substantive part of the work we do? At the heart of our international work is a finding and legal advocacy. Our WOW reports [2:45–3:30] commitment to building a global network specifically isolate legal and policy barriers How should we design a communications for reproductive rights legal advocacy by to adolescents’ reproductive and sexual program to influence/shape the legal land- building the capacity of NGO’s to use inter- health and rights. Our analysis of the Con- scape around reproductive rights? national human rights laws and mechanisms vention on the Rights of the Child is a defini- How should broader communications strat- to advance reproductive rights. tive resource for advocates and key UN staff egy integrate our litigation, legislative, re- The Center’s international program imple- alike, as is our fact-finding report, State of search, and advocacy work? ments four key strategies: Denial, on the inadequate legal and policy How can we shape and frame our messages Researching and reporting on national protections of adolescents’ access to services differently? More aggressively? With more laws, policies and judicial decisions; and information in Zimbabwe. resonance to more constituents? Advocating in international and regional Establishing our website as the go-to on- What would a multi-year program look human rights fora; line resource for international reproductive like? Documenting reproductive rights viola- rights legal advocacy. In the past year, advo- Afternoon Break [3:30–3:45] tions in fact-finding reports; and cates in over 150 countries downloaded over Training NGO’s and lawyers through legal Leadership 250,000 Center publications. fellowships and visiting attorney programs, 8. Leadership: How can the Center use its workshops, published and online resources THE CENTER FOR REPRODUCTIVE RIGHTS expertise to exert more leadership? Distin- and other technical assistance. SUMMARY AND SYNTHESIS OF INTERVIEWS guish ourselves? Become more collaborative? Key accomplishments under these strate- In August, September, and October of 2003, [3:45–4:45] gies include: Nancy Raybin and Elizabeth Lowell of What do we mean by ‘‘leadership’’ and how Conceptualizing and publishing the Women Raybin Associates conducted some 18 stra- do we better/more effectively communicate of the World (WOW) series. Non-govern- tegic planning interviews with members of our leadership role and position ourselves as mental organizations must be able to iden- the Center’s Board of Directors (10), rep- leaders? tify national and regional legal obstacles to resentatives of long-term institutional Can we set the broader agenda for the Re- furthering reproductive rights in order to funders (5), and colleagues at other organiza- productive Rights (RR) movement? craft effective advocacy strategies for re- tions concerned with reproductive rights (3). What will it take to incorporate RR work moving them. No comprehensive listing of (We did not discuss funding opportunities into a broader Human Rights agenda? laws and policies existed, however, until the with any specificity during these conversa- What can we learn and apply from other Center launched the WOW series in 1996. Re- tions because these issues were being ad- serious disciplines? searched and written with partner NGOs, dressed in separate Development Assessment What does it mean to ‘‘stay on the cutting these regional reports document the laws interviews by Miller/Rollins.) edge’’? and policies of 50 nations. They cover a range We also interviewed members of the man- How do we engage the broader public inter- of issues, including: health, abortion, popu- agement team and other Center staff and fa- est bar? lation and family planning, contraception, cilitated several brainstorming sessions with Next 3–5 years safe motherhood and women’s legal status. Center staff of both the Domestic Program Wrap-Up and Next Steps [4:45–5:151 To date, we have completed four regional re- and the International Program. All of these Cocktail Reception [5:15–6:15] ports: Anglophone Africa, Latin America and (continuing) conversations, either face-to- the Caribbean, Francophone Africa, and East PROGRAM STRATEGIES AND ACCOMPLISHMENTS face or by telephone (when geography or Central Europe. (The following program descriptions focus schedule did not permit a personal meeting), Publishing Bodies On Trial, which docu- focused on creating a vision and future strat- on our core legal program. We have not in- ments a significant gap between reproduc- cluded descriptions of our state and federal egies for the Center. Raybin Associates’ tive rights law and judicial interpretation in work intentionally did not focus on internal programs as well as our ongoing counsel to five Latin American countries. The Center’s providers and patients.) management and organization, as that had 150-page report serves as a resource not only been the subject of fairly recent strategic Domestic Legal Program. Our core strat- in Latin America and the Caribbean but in egy domestically is the use of high-impact planning work. other regions where advocates are evaluating A ‘‘white paper,’’ prepared by President litigation to secure the highest constitu- potential litigation strategies to advance re- Nancy Northup, was sent to each study par- tional protections for women’s reproductive productive rights. ticipant prior to the interview. Some rights. Our domestic staff attorneys are Filing groundbreaking legal cases in the interviewees read the material, some did not, among the most senior and experienced re- Inter-American human rights system and in and several Trustees felt that they did not productive rights litigators in the country. the UN Human Rights Committee, with two know enough to comment intelligently on With 21 cases in 13 states—on issues ranging successful settlements to date to ensure that the issues and questions raised in the paper. from abortion bans to funding restrictions to Peru’s government abides by international In most instances, they deferred on issues of forced parental involvement laws—we have agreements and its existing reproductive strategy to Center staff, whom they trust to the largest and most diverse docket of any rights-related laws. define and set the direction for the future. pro-choice organization in the United States. Securing favorable interpretations of Board members unequivocally welcomed the The Center has won two landmark cases international human rights law from UN and Center’s new Director and praised the staff’s before the United States Supreme Court: regional human rights bodies, and docu- legal expertise. Stenberg v. Carhart (striking down Nebras- menting the increasingly progressive juris- The remarks below are both a synthesis ka’s so-called ‘‘partial-birth abortion’’ ban prudence of the UN Treaty-Monitoring bod- and summary of what we learned in our as an unconstitutional violation of Roe v. ies in our 300-page report, Bringing Rights to interviews with Trustees, funders, and col- Wade) and Ferguson v. City of Charleston Bear. leagues. There is no input here from the staff (affirming the right to confidential medical Investigating reproductive rights viola- workshops. We have separated the comments care and informed consent by striking down tions in over seven countries, including two made by Trustees from those made by a drug-testing scheme targeting poor women reports on Chile and El Salvador that high- funders and colleagues. A copy of our Inter- of color). In addition, we have: lighted the role of criminal abortion laws in view Guideline is appended; it is important Secured and restored Medicaid funds for maternal mortality and two reports that to note that some participants’ lack of low-income women seeking abortions, with generated significant public pressure to re- knowledge meant that many of our questions victories in 14 states; form criminal abortion laws in Nepal and to were not addressed. Successfully fought ‘‘partial birth abor- safeguard women’s rights to informed con- MISSION AND VISION tion’’ bans and other access restrictions, sent in Slovakia. with victories in 16 states; and Providing technical assistance and capac- Differentiating the Center Challenged parental consent and notifica- ity to use legal strategies to advance repro- Most Trustees noted that what differen- tion laws, with victories in 5 states. ductive rights to over 100 organizations in tiates the Center is its law and legal work. International Legal Program. The Center’s over 45 countries, including training over 16 They noted ‘‘expertise around Reproductive international program works to establish re- lawyers in reproductive rights advocacy at Rights (RR) and Human Rights (HR),’’ ‘‘bril- productive rights as. human rights by using our New York office for periods of at least liant, focused, sophisticated lawyers who can international law and legal mechanisms to three months. fight and win,’’ and ‘‘who work on the ‘cut- advance legal norms and secure women’s ac- Launching the Safe Pregnancy Project, a ting edge.’’’ One Trustee noted that it is the cess to quality reproductive health care series of fact-finding reports that document only organization working on the legal and

VerDate jul 14 2003 08:09 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.299 E09PT1 E2544 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 human rights aspects of RR, but most felt at tive Rights. ‘‘We must ‘stay the course.’’’ hallmark, but most could not explain the es- a loss to speak concisely and specifically Several commented: ‘‘the Center must con- sential components of the international pro- about what the Center does that makes it tinue as the legal reference point for policy grams. One did, however, single out the different from other ‘‘players’’ in the field. implications and shaping thinking and moni- ‘‘spectacular WOW reports, their use at the Trustees also cited international work as a toring.’’ Most called for a more proactive UN and their import to other international unique aspect of the Center, but were un- stance identifying and analyzing trends—and organizations working in the RR and HR clear as to the specifics of this work. potential backlash. ‘‘This is a real need—and arena. Another cited the work in Nepal. Funders and Colleagues could, and did, one that the Center could fill. They need to Funders and colleagues alike felt that ‘‘the give definition to the international role. tell the rest of us what’s coming down the Center has moved well since its founding.’’ They talked about the Center’s role in ‘‘link- pike.’’ Added another: ‘‘The Center needs to More familiar with the international compo- ing groups of people trying to advance wom- think through the leadership role it can play nent than the Trustees, three mentioned en’s issues globally,’’ how the Center helps . . . there is a gap at the national level, ‘‘fabulous’’ reports... but ‘‘want to know ‘‘to define and challenge national legal sys- which the Center could fill.’’ what happens next.’’ One said candidly, ‘‘I tems,’’ and how ‘‘finely-honed the legalistic They would also like to see the Center am unable to assess—it’s been all over the work’’ is. One funder declared, however, that ‘‘provide new and useful information and place,’’ but remarked that the Center is most the legalistic often comes at the expense of training’’ and ‘‘more paper for colleagues effective bringing attention to the issues.’’ economic and social justice—and gave a and constituents.’’ ‘‘We should get some- Nearly all funders and colleagues were famil- stark example of a Somali woman. thing every three to six months from the iar with and spoke highly of the work in While one funder noted that the Center is Center about what’s happening in the field.’’ Nepal. ‘‘It demonstrated change processes, unique because of its strong commitment to ‘‘But, there is so much information reaching the train of intervention, the change itself RR, two others noted: ‘‘other organizations people in the RR arena that if the Center and needed follow-up.’’ And one referred pas- are also grappling with these issues.’’ ‘‘The were to spend time better packaging and ab- sionately to the ‘‘practical, hands-on-quan- Center should place itself within the range of breviating materials, it would get more tifiable, usable-elsewhere, most effective other groups which do similar work. . . . It is mileage out of its work.’’ ‘‘Electronic news- work in Slovakia.’’ not enough to assert you are unique—you letters are effective.’’ Several funders pro- With one exception (who did not think the must describe why.’’ ‘‘The Center is not posed a serious analysis of Roe v. Wade soon Center should devote itself to international unique in litigation; both Planned Parent- to ascertain the roadblocks lying ahead and work at all), funders and colleagues felt that hood and the ACLU also litigate: How are the best options for addressing them. None the international program could be more ef- the client base and issues different and has thought that Roe v. Wade would fall, but fective by ‘‘working on a country by country the Center deliberately developed their ex- that it ‘‘might be left out there, hanging all basis.’’ ‘‘Legislative debates are needed; they pertise accordingly . . . or has it just hap- by itself . . . Then what? We need to think have proven useful and educational else- pened?’’ One colleague asked about how the that through now.’’ ‘‘What happens after where.’’ One argued for taking more cases Center views itself: ‘‘as a litigating organiza- PBA? If we win? If we lose? The legal win internationally through the European Court tion or as a broader advocacy group?’’ should not become the public relations loss. of Human Rights. And, returning to the issue Articulating a broad vision for the next five There must be a strategy for this.’’ of collaboration, one funder said that the years Involving and energizing constituents Center has been least effective internation- Trustees hold the Center’s staff in ex- ally ‘‘when it goes off on its own initiatives tremely high regard. Their level of respect Trustees, finders and colleagues agree that that are not well-developed with other part- and trust is extraordinary. Most Trustees shaping the Center’s focus and making it ners.’’ more easily articulated will help constitu- would largely defer to staff in setting the vi- Measuring success sion for the future and determining the di- ents become more involved. ‘‘If we com- rection. Having said that, most believe that prehend it ourselves and can explain it to Trustees, funders and colleagues were un- the domestic focus should still be on abor- others, we are more likely to activate peo- aware of any systematic or specific efforts to tion. Several Trustees mentioned that they ple.’’ Trustees noted: ‘‘our inability to clear- measure the Center’s success. All agreed, would also like to see work in the related ly articulate makes us poor ambassadors for however, that measurements and bench- areas of Emergency Contraception (EC), con- the cause.’’ Trustees would also like to see a marks will be important moving forward. traceptive equity and comprehensive sex succinct list of successes, both domestic and Some said, ‘‘the hard data—what’s quantifi- education, including work with adolescents. international, with a timeline, and an expla- able—is the easy part—number of cases won, Most Trustees think that the image and nation of the impact and practicality of number of cases lost.’’ What’s harder, but reputation of the Center needs clarifying and these successes. A visual of what has been equally valid is the soft data—the heightening and that collaboration with accomplished in RR—since the Center’s gnalitative—which takes note of ‘‘laws other RR and HR groups would help to im- founding would help to bring home the ‘‘so changed (although perhaps not imme- prove the Center’s visibility as well as move what factor’’—‘‘So what difference have we diately), lives improved, learnings which the agenda(s) forward. made?’’ help the Center in other cases.’’ ‘‘If we lost, Funders and colleagues believe strongly Funders and colleagues emphasize that did we educate, create a precedent?’’ There that the broad vision for the next five years consistent partnering with other groups will was strong consensus overall that as new must be ‘‘ruthlessly prioritized.’’ ‘‘Their ap- strengthen the Center’s overall visibility, strategies are developed,they must be evalu- proach should be outcomes-oriented. It’s not present constituents with the bigger picture ated against the Center’s vision. good enough just to research, write and and bigger numbers, thereby offering more Substance guiding future strategy present. Engineer backwards from what they assurance - ‘‘there’s some safety in num- Several Trustees identified the ‘‘shoring up want to see happen.’’ ‘‘I understand the caus- bers.’’ They stress that the Center should of favorable state constitutions’’ as core to al model of theory of change; spell it out for take the time now to identify who those the domestic work ahead. They also want us; define the outcome you expect . . . not long-term partners might be, both domestic the Center to ‘‘identify trends.’’ Funders and just winning decisions.’’ Most see this as re- and international, and if relationships do not colleagues looked for a more proactive role quiring more sharing of expertise. Indeed, now exist, begin to build them. They further around the intersection of needs, e.g., RR partnering with other organizations, both cautioned that in all collaboration the ‘‘em- and HIV/AIDS. Again, they stressed network domestic and international, was a strong and phasis should be on the success of the work building (domestically and overseas), col- recurrent theme in all of their comments. rather than the credit.’’ ‘‘The need to be the laboration and outcome oriented strategies Nepal and Slovakia were cited as examples. dominant partner can sap energy and good rather than identifying specific goals, litiga- where the Center had identified local groups will.’’ tion or issues per se (as requested by the with which to work and had been successful. STRATEGY AND PROGRAM interviewer). They also expressed their belief Acknowledging that the Center cannot do it Assessing progress to date that new leadership at the Center would em- all, ‘‘after the outcomes are defined, then the brace these tactics. Center needs to determine who best to work Most Trustees said that the Center ‘‘does with locally.’’ ‘‘Greater collaboration must program and strategy well,’’ but they were Domestic and International programs informing be a defining characteristic of the Center’s short on specifics. Most believe that the Cen- each other future work.’’ ter ‘‘litigates well.’’ Backing up this asser- Trustees were not sure how the domestic In speaking about the international pro- tion, two Trustees cited the Center’s role in and international programs could inform or gram, one colleague suggested that ‘‘publicly the Nebraska case and its work on Partial better inform each other, but they were shaming a country, so that it is coerced in Birth Abortion (PBA). Several others re- quite insistent that it needs to occur. They doing the right thing (the Amnesty Inter- ferred to its pro-active role around EC. They do not know the frequency of interchange be- national model) will not work around Repro- noted that, despite domestic ‘‘wins,’’ the cur- tween the two staffs, although they assume ductive Rights. If, however, the ILP saw rent political climate undercuts the Center’s that there is some and that there should be itself as a midwife to the global choice move- work. more. ment, that would be a longer-term, albeit, One Trustee cited progress in Chile and Funders and colleagues spoke about think- less glamorous vision.’’ Mexico, which could not have happened with- ing collectively with other groups to move Funders and colleagues also envision the out the Center’s activities. All knew that the agenda forward, broadening the discus- need for continuing emphasis on Reproduc- litigation around abortion was a domestic sion well beyond the Center staff. A greater

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.303 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2545 awareness of what others are doing nation- many Trustees felt that the Center should be The Center needs to be able to jump on ally and internationally ‘‘can make us all thinking in terms of education. ‘‘Young these.’’ more effective as we focus on what each does women don’t know what they are losing.’’ Balancing Tensions in the Focus and best.’’ Most talked of identifying ‘‘cross ‘‘Abortion is a medical procedure and all Commitment of Resources country issues,’’ where both domestic and medical students who enter the OB/GYN spe- Once again, most Trustees felt themselves international could bring experience and ex- cialty should be required to learn the proce- unequipped to talk about this. One said, pertise to bear, e.g., medical abortions, ac- dure. Medical school curricula must address however, that the Center ‘‘should select cess to various forms of contraception, RR this.’’ All agreed that collaboration is a issues such as abortion laws, violence and HIV/AIDS. Said one ‘‘be more clear strategy that the Center must use. Law against women, adolescent law, and a more about the connection between global and na- schools, bar associations, universities, the minor role in genital mutilation, where we tional. Look at the US impact globally.’’ Alan Guttmacher Institute, and the Brook- are better suited to be the data gatherers.’’ Race and Ethnic Discrimination as a Program ings Institution were suggested as potential Said another ‘‘select the strategic issues, Component partners. those that will command attention, linking Funders and colleagues said: ‘‘Keep fight- All study participants recognized that mi- RR and HR with rights of child/girl. The HR ing.’’ They returned, yet again, to the issue norities and the poor are underserved in RR link is education and protection. The Center of collaboration and while most did not iden- and HR. How this should factor in to the needs to bring out the whole discriminatory tify specific partners (‘‘other mainstream Center’s program development, non could process against groups associated with AIDS human rights groups’’), they urged working specifically say. and everyone with AIDS.’’ Domestic Program together. One quite specifically said ‘‘the Funders and colleagues noted that the Cen- Center and the ACLU should work reach out Expanding domestic litigation beyond ter cannot work at the ‘‘wholesale’’ (global) together to clergy, so that there are reli- abortion? level, because the resources are not there. gious voices for choice—so that we’re not The Trustees believe that abortion is still ‘‘Track and report country by country, with- called ‘barbaric, irreligious, immoral’—we in the context of all other international the key issue. But many also think that the need to have the ethical leaders of our soci- Center should ‘‘move beyond’’ and address agencies working in these countries.’’ Sev- ety with us at press conferences.’’ Another eral commented ‘‘it’s not an ‘either/or.’’’ linked issues. They cited EC, HIV/AIDS, noted that the ‘‘litigation messages need to work, with teens, and family planning Both the human rights approach and the be coordinated’’ and went on to say ‘‘litiga- comparative legal approach have merit and ‘‘wherever there are legal issues (e.g., women tion alone is not going to carry the day. It’s denied prenatal care.)’’ ‘‘If Medicare funding must work together. ‘‘One creates an open- also how to position and leverage the court ing and the other backs it up.’’ No one want- changes, will there be a legal issue there? Is cases, so that the Center can do its long- there a legal issue around the misinforma- ed to see the Center locked into mega term strategy. It’s very hard to think that tion around abortion on the government projects, preferring ‘‘prioritized focus where way when you’re preparing a brief at 120 website?’ you can make an impact’’ and staying ‘‘nim- Trustees have a deep concern that the mph.’’ ble around opportunities.’’ image of the Center is ‘‘only around abor- International Program Asked one: ‘‘Has there been a mapping of tion’’ and believe that image must change, Global, Political, Health-Related Factors pro-Choice groups in various, parts of the so that the public has a greater under- Driving Scope and Direction of Inter- world, because donors need to know who standing of the overall impact on women’s national Work they are and how the Center can serve as a lives of what the Center does. One suggested Most Trustees felt that they did not know backstop?’’ that every time the Center is litigating a enough to comment on the direction of the ORGANIZATION AND OPERATIONS case, there be a full explanation of how the international work, except to say ‘‘helping Most Trustees said that they really did not case fits into the larger context. NGO’s understand and implement their laws know enough to comment on the organiza- One Trustee believes that Roe v. Wade seems appropriate.’’ One with a deeper tion and operations. All expressed their could be overturned and that the Center knowledge of the international scene re- pleasure with new Center leadership. Several should begin now to develop strategy. An- marked: ‘‘There’s a need for a catalyst in de- voiced concern about the expense of the other said, ‘‘If it is overturned, we’ll know in veloping countries. Help the women in East- Washington, DC office and wondered aloud advance and have time. We need to keep the ern and Central Europe get their laws en- about its role and necessity. Most are con- thought in play, but we can’t focus com- forced and that new laws don’t violate basic cerned about Center communications. They pletely on it.’’ Most felt that Roe itself human rights. The Center can be a catalyst want more and better coverage in the press. would remain intact, but several concurred rather than an active litigant.’’ Another Several commented that there needs to be that, given the current political climate, its said, ‘‘Step up the international work and ‘‘rigorous media training for the main impact could be gutted. link it with the domestic. The US domestic spokespeople.’’ Only two funders commented on Roe v. policy is affecting international programs, When it came to talking about the Board Wade. One said, ‘‘it’s not going to be over- and we need to link with other US organiza- of Directors itself, the operative word is turned, but everything else will be. There- tions and do advocacy, as well as testify how more. fore, look to work at the state level.’’ An- the US is affecting the health of women. We Trustees expressed a desire for: A bigger other stated: ‘‘We need a serious analysis of also need to train NGO’s in developing coun- Board; more people on the Board with money the decision and come out with an opinion tries to make their concerns known.’’ ‘‘Do and access to money; more lawyers on the whether or not to continue to defend it. more and link more with other HR and RR Board; more younger people (especially There are lots of weaknesses in the legal ap- groups.’’ women) on the Board; a few more doctors; proach to Roe v. Wade. If it is flawed, we Funders and colleagues say that ‘‘one size and more international representation. need to come up with a remedy. Is the Center does not fit all’’ and that the Center needs to They also talked about the need for sub- satisfied that it can continue to defend it? do a quick assessment on the work already stantive Board education, more effective and Commenting on other issues, one funder done and make a long-term commitment in efficient Board Meetings and training in commented: ‘‘Look at the things that are a few key places, where they can support and their fund-raising role. Most recognized that winning and advancing. What is the principle transfer skills to in-country advocates, rath- they could indeed play a much more active that appeals and the legal strategy that can er than coming up with an overall ration- role for the Center and be of greater assist- be derived and applies?’’ Asked one col- ale.’’ ‘‘Choose litigation where it will work.’’ ance with education and training than they league: ‘‘Would the Center take up a broader ‘‘It is more important for the ILP to choose have been in the past. rights issue, e.g., women’s access to the full well than it is for domestic—pick certain Funders and colleagues could not comment array of health services and gender choice countries because they’re key priority areas, on the Board, but they spoke highly of staff. and what that means for women’s advance- or long-term relationships, or because—you One said, ‘‘They are a precious resource with ment in society? Who is active on college can leave something behind.’’ ‘‘Make smart skill and focus and ‘on the attack.’’’ Another campuses and universities—there is a role political judgments.’’ ‘‘Collaborate with said, ‘‘Given the importance of collaboration here that needs to be filled.’’ NGO’s.’’ Said one, ‘‘Push the expertise down in moving forward, it is the bridging skills Other Strategies To Make Forward Progress and out.’’ that may need strengthening. And, you may in the Courts One interviewee talked at length about the need some on-the-ground communications/ Most Trustees felt that there was nothing need for developing contacts within the Eu- community people.’’ Yet another spoke of to be learned from the Conservative Right ropean Union because ‘‘there is no real de- the need for ‘‘better coverage in the inter- ‘‘because they just play a different game.’’ bate in Europe on abortion and, there is national press.’’ Another suggested that Another, however, remarked, ‘‘We’re not funding available.’’ Noted one colleague, there is ‘‘a role for a broader education pro- vocal enough. People pay attention to the ‘‘All these factors (i.e., global, political, eco- gram and perhaps putting more resources loud voices. We have to fight harder, be a lit- nomic and health-related) drive the scope into advocacy, public education, media.’’ tle dirtier. Be graphic and show all the road- and spectrum of the program, but it is how One colleague did suggest that, in terms of blocks.’’ Said yet another, ‘‘We should shine an issue is seen politically, socially and cul- structure, the Center needs a working i.e., a bright light on the U.S. internal policies.’’ turally that makes it a flashpoint and drives ‘‘giving and getting,’’ Board and another en- There were no specific strategies suggested the work forward. Something often becomes tity composed of ‘‘non-traditional allies— for succeeding in non-litigation areas, but a symbol and that’s what you work with. Fortune 100 CEO’s, heads of universities,

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.307 E09PT1 E2546 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 heads of major religious denominations’’ to How has the Center measured past success? What additional structures and systems give heft and an ethical imprimatur to its How should the Center think about and are needed to support the Center as it grows work. measure future success? and evolves? FINANCIAL IMPLICATIONS What should be the substance guiding the What are the talents, size, and mix of star future strategy? and Board we need to successfully imple- Money for new strategies Specific goals we should accomplish? (Iden- ment the new strategic plan? What does the Trustees, funders and colleagues alike have tify) transition look like? no sense of how much money will be needed Projects that we should undertake? (Iden- Financial implications to finance new strategies. Several Trustees tify) and one funder spoke of redirecting more, if Substantive issues we should address that (Not intended to be redundant with Devel- not all, of the unrestricted money into the we are not addressing now? (Identify) opment Audit questions.) domestic program. Said one Trustee: ‘‘The Litigation we should pursue proactively. How much money is needed to finance the ratio should be 6:1 Domestic to Inter- (Identify) new strategies? Could the Center redirect current unre- national. It’s where we need to focus our ef- Other. (Identify). stricted money to more effective new strate- forts.’’ Most Trustees suspect that new strat- How can the international work be more gies? egies will have leaner resources with which informed by the domestic work, and vice What is the financial plan to support the to be implemented and therefore, the strate- versa? How should the Center’s concern about new strategy? gies will have to be ‘‘very focused.’’ Where will the money come from to fund Source(s) of money race and ethnic discrimination factor into program development? our new vision/strategy/plan? All study participants concur that the Who are the likely donors? source of future monies will need to be indi- Specific (at a level of detail appropriate for What is the timing? viduals. Funders said ‘‘it’s a tough time for the interviewee) What are the appropriate phases? us. Some have left the population field; some Should the Center expand the domestic What might we be doing now to build ca- have been affected by the stock market. (We) litigation agenda beyond its primary focus pacity for the future? don’t see much new money and the existing on abortion? TABLE OF ABBREVIATIONS AND GLOSSARY Do clients have other issues that we should money is shrinking.’’ One funder pointed to General terms a great deal of government funding available understand and pursue? If so, what are they? While we have a broad set of abortion cases Comparative Law—The study of legal in Europe, should the Center choose to in- standards from several countries or systems. volve itself there. on our docket, do we run the risk of running out of interesting/effective strategies or los- Customary Law, Customary International Building capacity ing our fenders’ interest and support? Norm—When there is a very consistent pat- Trustees worry about the age of individual Do we need to develop a strategy now if tern among nations on a particular nor- donors. ‘‘This is an area largely funded by Roe v. Wade is overturned? mative issue it is called a customary inter- donors over 60 years old. Where are the peo- Are there more important/different issues national law or customary international ple in their 30’s and 40’s?’’ They see a critical that we are missing because of our focus on norm and it attains the force of inter- role for the Center’s Board in attracting the abortion? Does this matter? national law—for example, that countries next generation of donors who will keep the What other strategies can the Center pur- should outlaw executing mentally incom- issues alive and fund them. sue to make forward progress in the courts? petent people or prohibit official torture. One colleague noted that ‘‘the Center is What are the programmatic components of Fact-finding—A research methodology em- way ahead of others in capacity building,’’ a more comprehensive strategy?. ployed to expose human rights violations, and without offering any suggestions, is con- What can be learned from the Conservative seek accountability from responsible parties, fident that funding will be found Funders, Right as they pursue their multi-faceted identify and secure a remedy for those whose colleagues and Trustees expressed confidence strategies to change jurisprudence? rights have been violated, and help develop and hope in the Center’s new leadership and How can the Center succeed in non-litiga- an effective advocacy strategy. other staff (specifically, Development, Do- tion areas, e.g., education and training? Jurisprudence—Law developed by judicial mestic and International Program leaders) With whom can the Center collaborate, or quasi judicial bodies. to articulate the needs and to identify and e.g., similar legal organizations, advocacy NGO—Non-governmental organization. solicit the funding necessary to carry the and policybased reproductive rights organi- Norms (legal norms, international norms, Center forward. zations, law schools, etc.? hard norms, soft norms)—Legal standards, such as constitutional provisions or legisla- APPENDIX: CRAFTING A STRATEGY FOR THE What are the global political, economic, tion. Hard norms are binding treaty provi- NEXT FIVE YEARS—INTERVIEW GUIDE and health-related factors that drive the scope and direction of the international sions. Soft norms are the many interpreta- Background work? tive and non-binding statements, for exam- Describe current task, the link to prior stra- How all of the different strategies required ple by Treaty Monitoring Bodies; that con- tegic planning efforts, and coordination with in different parts of the world recognizing tribute to an understanding of reproductive the development audit that ‘‘one size does not fit all?’’ rights. Clarify terms, language, jargon Given a rapidly changing world, where UN and regional instruments and bodies Understand Interviewee’s:—Experience and should the Center focus its work to be most African Charter on the Rights and Welfare knowledge in this or related fields; and expe- effective and demonstrate results? of the Child—Regional human rights treaty rience with and knowledge about the Center. With whom should the Center collaborate? protecting the rights of children in Africa. How should the international program bal- Reactions to White Paper Beijing Conference—1995 United Nations ance tensions in the focus and commitment Mission and vision Fourth World Conference on Women: Global of resources, e.g., conference on women’s human rights. What does the Center do that differentiates ‘‘Promoting the application of inter- Beijing Platform for Action—Beijing Dec- it from other organizations and individuals? national human rights standards to repro- laration and Platform for Action, United Na- What have been the Center’s emphases in ductive rights issues at global and national tions Fourth World Conference on Women: the ‘‘mission and values’’ statement in the levels (human rights approach) vs. providing Consensus document adopted by nations par- last 5 years? expertise on developing national-level legis- ticipating in the Beijing Conference. How would you articulate a broad vision lation/policies (comparative legal ap- for the next 5 years? How will this affect: Cairo Programme—Programme of Action proach)’’? of the United Nations International Con- Scope of activities/projects/docket; size; ‘‘Focusing on certain core issues (abortion, ference on Population and Development: ‘‘Competitive advantage; and Image/reputa- quality of, care, safe pregnancy, etc.) vs. con- Consensus document adopted by nations par- tion, etc.? sistent strategies/activities (litigation, docu- ticipating in the International Conference on How will the Center involve and energize menting violations, legislative reform)’’? Population and Development. both internal and external constituents, in a ‘‘Wholesale (‘‘global’’) vs. retail (national- CEDAW—Convention on the Elimination of new and/or expanded vision? level) impact’’? All Forms of Discrimination against Women: Strategy and Program ‘‘Locking ourselves into mega-projects vs. International treaty codifying states’ duties nimble and responsive to sudden opportuni- Overall to eliminate discrimination against women. ties.’’ How would you assess the Center’s progress CEDAW Committee—Committee on the to date? Organization and operations Elimination of Discrimination against What does the Center do well? Less well? What are the talents and resources-mana- Women: UN body charged with monitoring Why? gerial, legal, programmatic, policy, political, states’ implementation of CEDAW. What have been the essential components communication, etc-that we need to pursue Children’s Rights Convention (CRR)—Con- of the domestic and international programs? different strategies? vention on the Rights of the Child: Inter- Where/when has the Center been most ef- How should the Center shape the organiza- national treaty upholding the human rights fective? Least effective? tion to support/implement new strategies of children. Where/when should the Center be more pro- and take advantage of new staff and Board Convention against Racial Discrimina- active? leadership? tion—International Convention on the

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.310 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2547 Elimination of All Forms of Racial Discrimi- DELUXE HOTEL women, and programs that promote better ad- nation: International treaty upholding indi- vocacy of women’s health. The Foundation viduals’ human rights to be free of discrimi- HON. WILLIAM J. JANKLOW also stresses what is known as ‘‘humanistic nation on the basis of race. OF SOUTH DAKOTA medicine,’’ and advances the importance of Economic, Social and Cultural Rights IN THE HOUSE OF REPRESENTATIVES belief, support, communications and relation- Committee—Treaty Monitoring Body that ships in the healing process. monitors state compliance with the Eco- Monday, December 8, 2003 Mr. Speaker, there is no doubt that each nomic, Social and Cultural Rights Covenant. Mr. JANKLOW. Mr. Speaker, on August 12, and every dollar the Fannie E. Rippel Founda- European Convention for the Protection of 2003, the Deluxe Hotel, a small business in tion gives to a hospital or a medical research Human Rights and Fundamental Freedoms— Woonsocket, South Dakota, commemorated facility is much appreciated. And, we can all European treaty upholding the rights of the 100 years of family ownership and operation be grateful for the Foundation’s efforts be- Universal Human Rights Declaration. of the hotel. cause of its dedication to helping under-served The hotel itself is an original structure built rural and urban populations, and its interest in IACHR—Inter-American Commission on changing the wellness behavior of people Human Rights: International body upholding in 1883—two months before there was a town through research and preventive care. the American Convention on Human Rights. of Woonsocket and six years before South Dakota became a state—by railroad super- Throughout the years, the Fannie E. Rippel ICCPR—International Covenant on Civil visor, Charles H. Prior and his wife. On Au- Foundation has earned an incredibly positive and Political Rights: International treaty gust 12, 1903, Joseph Lane and Margaret reputation for the many generous acts of its protecting individuals’ civil and political Kirby Brown bought the hotel for $2,250 in Board of Trustees, Officers and Staff. human rights. cash plus a Springfield, South Dakota hotel Mr. Speaker, I know that you join me and ICESCR—International Covenant on Eco- valued at $1,500. my colleagues in recognizing and honoring the nomic, Social and Cultural Rights: Inter- Currently, J.L. and Margaret Brown’s grand- Fannie E. Rippel Foundation for its out- national treaty protecting individuals’ eco- daughter—Delores Brown Bissel—owns and standing services to humankind for fifty years, nomic, social and cultural human rights. operates the hotel. She was born in the hotel and I ask that you and all our colleagues ex- ICPD Programme of Action—Programme in 1926, and has been involved in its oper- tend sincere best wishes for a successful of Action of the International Conference on ation ever since. The descendants of Joseph Rippel Foundation Reception on December Population and Development: Consensus doc- Lane and Margaret Kirby Brown gathered in 11, 2003. ument adopted by nations participating in Woonsocket on August 2nd to commemorate f the International Conference on Population 100 years of family and business history. INTRODUCING THE WAR PROFIT- and Development. Family-owned businesses, such as the De- EERING PREVENTION ACT OF Treaty Monitoring Bodies (TMBs)—United luxe Hotel, are the backbone of many small, 2003 Nations Treaty Monitoring Bodies refer to rural South Dakota communities. I congratu- the six committees which monitor govern- late the Brown Family for this remarkable mile- HON. RAHM EMANUEL mental compliance with the major UN stone, and hope that this longstanding con- OF ILLINOIS human rights treaties. While the TMBs are tribution to the Woonsocket community and IN THE HOUSE OF REPRESENTATIVES not judicial bodies; they influence govern- surrounding area will continue far into the 21st ments by issuing specific observations about century. Monday, December 8, 2003 states’ progress and compliance with human f Mr. EMANUEL. Mr. Speaker, I am proud to rights obligations. Four committees also rise with Representatives DEFAZIO, and hear individual complaints. TRIBUTE TO THE FANNIE E. DELAURO as original cosponsors to introduce RIPPEL FOUNDATION Universal Declaration—Universal Declara- the War Profiteering Prevention Act of 2003. tion of Human Rights: UN human rights in- This is an identical companion to legislation instrument at the foundation of modern inter- HON. RODNEY P. FRELINGHUYSEN troduced by Senators LEAHY, CLINTON, DURBIN national human rights law. OF NEW JERESEY and FEINSTEIN. IN THE HOUSE OF REPRESENTATIVES This bill closely resembles an amendment THE CENTER FOR REPRODUCTIVE RIGHTS BOARD that I offered during consideration of the Iraq Monday, December 8, 2003 OF DIRECTORS—PRIMARY AFFILIATION INFOR- reconstruction bill. Unfortunately, the Rules MATION Mr. FRELINGHUYSEN. Mr. Speaker, I rise Committee declined to allow debate on my Executive Committee Members today to honor the Fannie E. Rippel Founda- amendment, which would have established Nicki Nichols Gamble (Vice Chair), Former tion, a New Jersey philanthropic organization tough criminal penalties for individuals who President and CEO, Planned Parenthood which is highly esteemed nationally and espe- defraud the government involving contracts re- of Massachusetts cially in the Northeast, and that will celebrate lated to the war or reconstruction of Iraq. Francis W. Hatch, III (Vice Chair), Chair- fifty years of grant making on December 11, As the government begins to spend the man, The John Merck Fund 2003. roughly $20 billion appropriated for rebuilding Betsy K. Karel (Chair), Board Chair, Trellis During the past five decades the Fannie E. Iraq, it is essential that we protect these funds Fund Rippel Foundation has awarded grants from waste, fraud and abuse. To that end, the Nancy J. Northup (Ex-Officio 1/13/03), Presi- amounting to more than $113 million and has War Profiteering Prevention Act establishes a dent, Center for Reproductive Rights demonstrated its continuing commitment to im- maximum criminal penalty of 20 years in pris- General Members proving health care in our state and nation. on and fines up to $1 million for war profiteers Laurie G. Campbell (Treasurer and Chair of The Rippel Foundation, established under and cheats who exploit the postwar relief ef- Finance Committee) the will of Julius S. Rippel, provides funds to forts. Jane E. Hodgson, MD, MS, FACOG, Founding aid the aged and women of all ages, to aid Unlike most nations where we send foreign Fellow, America College of Obstetricians hospitals and to support institutions involved in aid, there is no functioning government in Iraq. and Gynecologists heart disease or cancer treatment and re- While I believe the Coalition Provisional Au- Sylvia A. Law, Elizabeth K Dollard Professor search. thority is doing the best it can, it simply does of Law, Medicine and Psychiatry, New In the past, for example, the Foundation has not maintain the manpower necessary to ade- York University Law School provided and furnished funds for the construc- quately monitor reconstruction funds. Regret- Marcie J. Musser, Vice President and Treas- tion of or to aid in the erection of hospitals and tably, a handful of politically connected cor- urer of the Board, General Service Foun- provided funds for their equipment as well as porations, including some with scandal-ridden dation hospital maintenance. business records, are taking advantage of this Nafis Sadik, MD, Special Envoy for United The Foundation has also supported humani- situation. Nations, Secretary General for HIV/AIDS tarian programs, emphasizing ethical issues in While anti-fraud laws protect against waste- in Asia and Pacific Sheldon J. Segal, PhD, MD, FRCOG (Sec- medicine, pastoral education, programs in ful spending here at home, there are no such retary), Distinguished Scientist, The rural health, better case and disease manage- laws prohibiting war profiteering overseas. In Population Council ment. In particular, the Foundation has sup- response, my bill criminalizes overcharging Marshall M. Weinberg, Board Member, Amer- ported most generously women’s health pro- taxpayers for any good or service with the ican Jewish Joint Distribution Com- grams for elderly women with chronic condi- specific intent to excessively profit from recon- mittee tions, academic and educational programs for struction. The legislation also prohibits fraud

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.316 E09PT1 E2548 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 and false statements in any matter involving a The success of the program at Byram Hills We would be happy to further commu- contract. has been mirrored in these schools, as well. nicate with you on this or any other issue. We need strong disincentives for those who Indeed, in 2002 and 2003, roughly forty per- As Congress moves forward in the appropriations process, we ask that you thoroughly re- defraud taxpayers. These controls must be in cent of all of New York State’s INTEL Science view any rider attempt that may limit the place now because criminal statutes cannot Talent Search semifinalist awards went to stu- ability of law enforcement officers to per- be applied retroactively. We cannot in good dents who were taught using the ‘‘Authentic form effective, fair, and timely investiga- faith ask American families to sacrifice for Science Research in the High School’’ pro- tions. postwar reconstruction and then allow so gram. Very truly yours, many others to unfairly profit at their expense. I am truly honored that I have this oppor- FRED BRAGG, President. Mr. Speaker, we must send a clear mes- tunity to congratulate Dr. Pavlica on his well- The International Association of Chiefs of sage that cheating U.S. taxpayers is com- deserved award and to thank him for helping Police, which first raised concerns about pletely unacceptable and will not go so many students in Westchester and around changing the time background records are unpunished. For these reasons, I urge my col- the country learn more about science and the maintained in a letter in 2001, continues to leagues to join me in supporting the War Prof- potential that lies within them. stand by that statement, which said: ‘‘We believe that decreasing the amount of time the iteering Prevention Act of 2003. f purchase records are kept will weaken the f PROTECTING PUBLIC SAFETY IS background check system and allow more RECOGNIZINIG THE ACHIEVE- AT THE HEART OF GUN PUR- criminals to illegally obtain weapons.’’ MENTS OF DR. ROBERT PAVLICA CHASE BACKGROUND RECORDS INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, Alexandria, VA, September 4, 2001. HON. NITA M. LOWEY HON. FRANK R. WOLF Mr. TIMOTHY MUNSON, OF NEW YORK OF VIRGINIA Section Chief, Federal Bureau of Investigation, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Module A–3, Monday, December 8, 2003 Clarksburg, WV. Monday, December 8, 2003 DEAR MR. MUNSON: The International Asso- Mrs. LOWEY. Mr. Speaker, I rise today to Mr. WOLF. Mr. Speaker, I want to provide ciation of Chiefs of Police (1ACP) appreciates recognize the great contributions to education some additional information to follow up on my the opportunity to comment an the proposed made by Dr. Robert Pavlica. I also wish to RECORD statement of November 25 regarding rule that would reduce the amount of time that the Federal Bureau of Investigations congratulate him on being one of only six the provision in the FY 2004 omnibus spending bill which would require the destruction of (FBI) maintains National Instant Criminal teachers from around the world, and one of Background Check System (NTCS) records only two from the United States, to be hon- background records checks 24 hours after a on approved purchases from 90 days to one ored by INTEL. Innovation in Education with gun purchase. business day. The IACP is world’s oldest and the prestigious 2003 ‘‘Excellence in Teaching I submit for the RECORD letters from two law largest association of law enforcement ex- Award.’’ He received this accolade for his pio- enforcement officers groups who share my ecutives with more than 18,000 members in neering development of the ‘‘Authentic deep concerns about the impact on public 100 countries. The IACP believes that the 90-day reten- Science Research in the High School’’ pro- safety of changing the current 90-day period for retaining data related to firearms purchase tion period should not be shortened. Decreas- gram. ing the retention period of these records to Dr. Pavlica, a White Plains, NY, resident, and approval. The Federal Bureau of Inves- one business day will not provide law en- who has a Ph.D. in biochemistry, along with tigation Agents Association, wrote: ‘‘The more forcement with sufficient time to perform master’s degrees in philosophy, cell biology, the retention period is reduced, the more dif- the necessary audits on the NCCS system as and biology, has been inspiring students as a ficult it would become to use the paperwork to established by the Brady Act. science teacher at Byram Hills High School in investigate or prosecute crimes related to the In March 1999, the Department of Justice issued a proposed rule to (adore the reten- Armonk, NY, for the past 33 years. In 1990, use of sales of the firearms in question. Any such efforts can only complicate the already tion period from 180 days to 90 days. They he began teaching scientific research after concluded that 90 days was the ‘‘shortest one of his students asked for his help in pur- difficult task of law enforcement and jeop- practicable period of time for retaining suing an independent research project. ardize public safety.’’ records of allowed transfers that would per- This would lead Dr. Pavlica to create the FEDERAL BUREAU OF INVESTIGATION, mit the performance of basic security au- ‘‘Authentic Science Research in the High AGENTS ASSOCIATION, dits’’ of the NICS system. However; the Jus- November 25, 2003. School’’ program, a three-year science re- tice Department also acknowledged that law Re Issues Related to Retention of Firearms enforcement and the FBI’s Advisory Policy search course, in which sophomores, who Paperwork. elect to participate, are instructed in the meth- Board had instead sought to increase the Hon. FRANK WOLF, record retention period from 180 days to one ods and processes of research. This cul- Chairman, Subcommittee on Commerce, Justice, year, minates in each student conducting an original State, and Judiciary Appropriations Com- The FBI has stated than it requires at research project into an area of particular in- mittee, H–309 Capitol Washington, DC. least 90 days to audit the records in order to terest to the student. To help guide his or her DEAR CHAIRMAN WOLF: On behalf of the FBI ensure the accuracy and legitimacy of back- work, each student is mentored by a re- Agents Association (FBIAA), I am writing to ground checks performed by federally-li- spected scientist in the student’s field of re- express the FBIAA’s concerns regarding the censed firearms dealers. These audits allow possibility of an appropriations rider that search. the FBI to search for patterns of fraud and might reduce the current 90-day retention abuse by both gun dealers and purchasers. This program has been enormously suc- period for data related to firearms sales and Through these audits, the FBI can identify cessful. Since its creation little more than a approval. The FBIAA is a non-governmental instances in which the NICS system is used decade ago, thirty-nine of Dr. Pavlica’s stu- professional association with a membership for unauthorized purchases such as gun deal- dents at Byram Hills have become of nearly 9,000 current and more than 2,000 ers having background checks on people semifinalists for the Intel Science Talent Re- retired FBI agents nationwide; neither the other than gun buyers. In addition, audits search Award, formerly known as the Westing- FBIAA nor I speak for the official FBI. can also help determine if gun buyers have house. Amazingly, eleven of his students have While the FBIAA certainly understands submitted false identification in order to and appreciates the civil liberties concerns even reached the finals of the esteemed com- thwart the background check system. To run related to firearms registration and the re- these crucial audits, the FBI needs the petition. This program has also prepared many tention of paperwork related to background records on both approved and denied pur- more students for the arduous research that checks, we think the current 90-day reten- chases. If these records are quickly de- they will face in college. tion period strikes the proper balance be- stroyed, it will be much more difficult for Dr. Pavlica has taught his techniques to nu- tween civil liberties and crime control. To law enforcement to investigate and prevent merous educators, who wish to replicate his date, we are not aware of any problems asso- abuses of the background check system. success in getting students excited about sci- ciated with the current system. The more We believe that decreasing the amount of entific research. Presently, over 170 school the retention period is reduced, the more dif- time the purchase records are kept will ficult it would become to use the paperwork weaken the background check system and districts throughout the country have instruc- to investigate or prosecute crimes related to allow more criminals to illegally obtain tors who are using his program. In fact, over the use or sales of the firearms in question. weapons. In addition, it is important to note seventy percent of public and private high Any such efforts can only complicate the al- that there have been no allegations that any schools in Westchester County, NY, now em- ready difficult task of law enforcement and information retained in the records has been ploy the program. jeopardize public safety. misused.

VerDate jul 14 2003 08:09 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.320 E09PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2549 The background checks performed under the crimes committed by that clique. MS–13 may vary between cliques and may change the Brady Act have proven to be a vital part cliques will engage in varying degrees of depending on the situation. One com- of our nation’s crime control efforts. Since drug trafficking, theft, prostitution, and vio- monality between all MS–13 cliques, in the its enactment, the Brady Act has prevented lent criminal activity such as murder, extor- United States and Central America, is that more than 650,000 felons, fugitives and other tion, kidnaping, and drive-by shootings to the gang survives and thrives due to aggres- prohibited persons from purchasing hand- support their criminal activity and protect sive local recruitment efforts. Growth in guns. The IACP believes that no action their turf from rival gangs. Violence is an in- numbers and strength is MS–13’s primary should be taken that would damage the dem- timate part of being a gang member. Some goal. For instance, MS–13 gang members onstrated effectiveness of the current back- MS–13 members have conducted counter-sur- must have some Latino heritage, however, ground check system. veillance on law enforcement personnel to there are now ‘‘farm’’ cliques associated, Thank you for considering our views on obtain license plate numbers of officers’ ve- with the MS–13 that are not Latino. Cliques this matter. hicles. include juvenile members. The gang is Sincerely, MS–13 has greatly expanded from its ori- known to recruit Hispanic juveniles as young BRUCE D. GLASSCOCK, gins in southern California. Migration of as elementary school age for membership. President. MS–13 gang members, based on several fac- It is anticipated that recent gang suppres- tors, has resulted in the emergence of MS–13 It is important to note that the letters from sion efforts in Central America will increase cliques in numerous jurisdictions across this legal and illegal immigration of MS–13 gang the FBI Agents Association and the Inter- country. In 1992–93, MS cliques were estab- members to communities with existing MS– national Association of Chiefs of Police both lished in Los Angeles, Northern Virginia, 13 populations in the United States. Based on indicate that they are not aware of any allega- and Long Island, New York. Today, MS–13 tions of misuse of the information retained in cliques have been confirmed or suspected of current trends and patterns of MS–13 activity in the United States and Central Amer- the gun purchase records. operating in at least 31 states and the Dis- trict of Columbia with an estimated 8000 ica, it is predictable that MS–13 will con- There is another concern which I am com- tinue to spread and grow in numbers across pelled to share regarding the public safety as- members. In the mid-1990s, MS–13 members who where deported from the United States, this Nation, including the Washington, DC pect of allowing law enforcement personnel established cliques in El Salvador, Honduras, region. Violent crime associated with con- the necessary time needed to track down and Guatemala. Today, in El Salvador and tinued expansion of MS–13 is most predict- would-be criminals who try to purchase guns. Honduras alone, an estimated 50,000–70,000 able. I also enclose for the RECORD an FBI report gang members are divided into two major Only through nationally–focused investiga- on the growing violent gang activity, not only gangs, MS–13 and 18th Street. These gangs tions calling upon Federal law, will there be pose the greatest criminal threat in each a cessation to MS–13’s continuing growth in in the District of Columbia and the northern America. Virginia region, but across our nation. It is so- country. Over the past several years, MS–13 has f bering. This a very serious—and growing— grown significantly on the East Coast. Many problem. While the FBI report focuses specifi- jurisdictions throughout the Washington, HONORING MR. ALFREDO B. cally on Mara Salvatrucha, more commonly DC, metropolitan region, have reported MS– LAGMAY, SR. known as MSÐ13, numerous gangs have been 13 members involved in criminal activity. In infiltrating our country in recent years and indi- 1992, three MS–13 gang members from Los cations are that few communities are spared. Angeles, California, were identified in north- HON. EDWARD R. ROYCE Gang members thrive on terrorizing commu- ern Virginia by law enforcement authorities. OF CALIFORNIA nities through random acts of violence. They Today, an estimated 30 MS–13 cliques and IN THE HOUSE OF REPRESENTATIVES 3000 gang members are active throughout the steal. They kidnap. They extort. They torture. region. The greater Washington, DC area, Monday, December 8, 2003 They murder. Obtaining guns and other weap- and specifically northern Virginia, is now a Mr. ROYCE. Mr. Speaker, I rise today to ons are part and parcel of their operations. major hub of MS–13 gang activity. Fairfax mourn the loss and honor the life of Mr. While we may not know for certain how the County, Virginia, Police Department reports 24-hour records destruction provision will im- that MS–13 is responsible for, or suspected Alfredo B. Lagmay, Sr. pact criminal gang members who are terror- of, 95 percent of all gang-related crimes Mr. Lagmay was truly one of America’s he- izing innocent people in northern Virginia and (armed robbery, theft, car theft, drug deal- roes. Mr. Lagmay came to this country from other areas of the country, law enforcement ing, rape, shootings, and assaults with a his native Philippines in 1918. He later went baseball bats, knives, and machetes, etc.) officers on the front lines of fighting crime cer- on to serve in our armed forces, where he committed in the county. was a prisoner of war (POW), a survivor of the tainly have a strong belief that reducing the Heavy concentrations of MS–13 cliques Death March of Bataan, and a veteran of time to check for illegal gun purchases could have been documented in Long Island, New hurt their ability to protect public safety. York, Massachusetts, New Jersey, and North World War II and the Korean War. In these times of fighting not only inter- Carolina. Travel by MS–13 members between After his distinguished 31-year career in the national terrorism but violent gang activities in these regions, as well as to and from, Texas, United States Military where he was awarded our local communities, shouldn’t we be making California, and other regions, has been docu- the Bronze Star, Mr. Lagmay moved with his mented. MS–13 gang members travel to other family to Orange County. Mr. Lagmay was a public policy that gives law enforcement per- communities to support and participate in sonnel the assistance they need to thwart the valued member of the community and served MS–13 gang activities, to flee prosecution in as an inspiration to all. gun purchases of suspected terrorists and criminal investigations, and for social and gang members rather than giving the advan- fraternal motives. Approximately 30–40 MS– Mr. Speaker, I ask my colleagues to join me tage to the criminals? 13 gang members from Massachusetts moved in paying tribute to Alfredo Lagmay. I am ex- U.S. DEPARTMENT OF JUSTICE, into the Lakewood, New Jersey area and es- ceedingly proud to honor him for his coura- FEDERAL BUREAU OF INVESTIGATION, tablished a clique that appears to be in- geous service to our country and for the hon- Washington, DC, November 12, 2003 volved in trafficking cocaine and weapons. orable life he led as a husband, father, grand- The Washington, DC region, specifically MARA SALVATRUCHA 13 father, and great-grandfather. northern Virginia, is a primary destination Mara Salvatrucha 13, commonly referred for MS–13 gang members. In one notable f to as ‘‘MS,’’ ‘‘MS–13,’’ ‘‘MSX3,’’ or ‘‘MSXIII,’’ event, MS–13 gang members traveled from was designated as a National Gang Strategy northern Virginia to Hempstead, New York, IN MEMORIAM OF CPL. ROBERT priority target group of the Federal Bureau and committed a drive-by shooting. The mo- ‘‘BOBBY’’ D. ROBERTS of Investigation in 1997 due to its propensity tive for the shooting was simply to dem- for violence and rapid growth. Originally onstrate to local Hempstead MS–13 cliques HON. JOHN L. MICA composed of individuals of El Salvadorian the bravado necessary to intimidate and OF FLORIDA heritage, MS–13 now consists of numerous, combat rival gangs. loosely affiliated autonomous cliques, some Within the Washington, DC region, formal IN THE HOUSE OF REPRESENTATIVES of which are highly structured and orga- multiple-clique meetings have occurred in Monday, December 8, 2003 nized, while most are loose knit with very attempts to organize area cliques however, little formal structure. Although MS groups inter-clique disputes have prevented any Mr. MICA. Mr. Speaker, it is with the deep- generally function independently of each such coordination, but these meetings en- est sadness that I report the death of Corporal other, they pose a serious threat in the abled relationships to form between mem- Robert D. Roberts, a native of Winter Park, United States and abroad due to their pro- bers of multiple cliques. In the long term, it Florida, who died in service to our Nation on pensity for extreme random violence and in- is reasonable to predict that this is an evolu- volvement in myriad criminal activities. The tionary step towards a more formalized cen- November 22nd while serving in Iraq. level of criminal sophistication and net- tral structure. I extend my deepest sympathy to his widow working by certain clique members will have MS–13 has specific identification signs, Jill, his 3 year old son Jacob, and his family. direct impact on the types and complexity of symbols, and rules. However, certain rules Bobby, as he was affectionately known, died

VerDate jul 14 2003 07:49 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.326 E09PT1 E2550 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 in a tragic accident as he was fulfilling his mili- America, with the ever present hunger for When people living with HIV/AIDS are dis- tary obligation to our Nation. profits and earnings, Chuck always asked one criminated against they are less likely to ac- Cpl. Roberts was a member of the United question first, ‘‘Is this good for the Warfighter knowledge their disease or seek treatment. States Army and served in the position of . . . will this save American lives on the bat- They may be denied housing, employment, or Tank Gunner. His devotion and commitment to tlefield?’’ By that creed he lives his life, both health care services. We must do everything our U.S. Military were legendary among the professionally and personally. During his quar- possible to reduce the stigma associated with family members he leaves behind. Prior to his terly, ‘‘All Hands’’ Leadership meetings, Chuck HIV/AIDS through worldwide and local efforts. death, he personally reiterated to his family always ended his session with a 30 minute Congress can fight stigma and discrimina- the importance of his mission and his dedica- discussion on what it means to be an Amer- tion by continuing monetary support for the tion to serving our Nation in this time of inter- ican. Love of Country, Love of Freedom were International AIDS Vaccine Inititaive (IAVI) and national conflict. always the major themes of his closing com- the Global Fund to Fight AIDS, Tuberculosis, I am most saddened to lose this dedicated ments. This theme in particular, defines Chuck and Malaria. IAVI focuses on accelerating sci- American soldier, a Winter Park native and the Anderson and serves as the driving force be- entific progress, mobilizing public support son-in-law of a wonderful friend, Karen hind this American Patriot. through issue advocacy and education, en- Mendenhall. During services that were con- Apart from his role as America’s ‘‘Missile- couraging industrial involvement in AIDS vac- ducted at the First Baptist Church of Oviedo man,’’ Chuck took an active leadership role in cine development, and working to ensure on Friday, December 5th, Bobby was remem- one of this country’s premier Leadership global access to a vaccine. I greatly support bered by his brother and parents as a wonder- Learning Laboratories, The Boy Scouts of this program and urge the largest funding ful member of the family, a devoted Christian America. As an Adult Leader, Chuck imparted amount. and a committed American soldier. his wealth of lifetime experiences, patriotism, Congress should provide the maximum al- We extend our deepest sympathies to Cpl. and charismatic leadership to this unique lowable contribution of $3 billion to the Global Roberts’ parents, Chuck and Joann, on the group of American youth. The leaders of to- Fund to Fight AIDS, Tuberculosis, and Ma- loss of their beloved son. We commend his morrow will long remember Chuck’s lessons of laria. The Fund makes grants in developing brother, Lance Corporal Chris Roberts, for his life, pursuit of excellence, and responsibility. countries aimed at reducing the number of courage and dedicated service in the United When he was not paying back to the country HIV, tuberculosis, and malaria infections, as States Marine Corps. And to all those in Bob- he loves, Chuck took time to revel in his two well as the illness and death that result from by’s family who have suffered this great loss, greatest hobbies: flying antique model air- such infections. Over five years, the Fund we give the eternal thanks of a grateful Na- planes and listening to American Rock and hopes to fund anti-retroviral therapy for tion. Roll. In fact, his knowledge of Rock and Roll 500,000 patients over five years and to be is so great, Chuck continues to author numer- f supporting programs to provide care for ous missives titled, ‘‘This Date in Rock and TRIBUTE TO CHUCK ANDERSON OF 500,000 children orphaned by AIDS. Roll History.’’ RAYTHEON Chuck Anderson is one of the select few However, these large international organiza- that has consistently given and sacrificed for tions would be meaningless without people at HONORABLE JIM KOLBE all that is good for America . . . and the gen- the local level to provide care and support to OF ARIZONA erations of youth he has touched and con- those living with HIV/AIDS. In Texas, 60,078 IN THE HOUSE OF REPRESENTATIVES tinues to touch will pass on their strong char- people are living with HIV/AIDS, and many groups and individuals are working hard to ad- Monday, December 8, 2003 acter and moral fiber for generations to come so that our country remains a beacon of free- dress their needs. Mr. KOLBE. Mr. Speaker, I rise today to dom and leadership throughout the world. I I would like to recognize the efforts of the enter into the CONGRESSIONAL RECORD a trib- am certain that my colleagues will join me in following people and organizations for their ute to Charles D. ‘‘Chuck’’ Anderson, wishing Chuck and his wife Carolyn all the contributions in combating the AIDS epidemic: Raytheon’s Vice President, Air-to-Air Missiles best as they venture into the next chapter of Charlene Doria Ortiz, Executive Director— in Tucson, Arizona who is retiring after over their lives. Center for Health Policy Development; Dr. 40 years of dedicated and faithful service to Fernando Guerra, Director of Health—San An- the defense of our great Nation. f tonio Metropolitan Health District; David Ewell, From the time Chuck was a boy, his patri- RECOGNIZING WORLD AIDS DAY otic fervor and love of country formed the Executive Director—San Antonio AIDS Foun- foundation for all he has accomplished to dation; Yolanda Rodriguez Escobar, Diector— HON. CIRO D. RODRIGUEZ Mujeres Unidas Contra El SIDA; Pastor E. date. In the 1950s, when the face and ambi- OF TEXAS tions of our American youth began to change, Butch Seward, Chairman of the Board and IN THE HOUSE OF REPRESENTATIVES Chuck chose the difficult path and served with Michelle Durham, Executive Director—Black the California National Guard as a paratooper. Monday, December 8, 2003 Effort Against the Threat of AIDS (BEAT After his National Guard tour, Chuck selected Mr. RODRIGUEZ. Mr. Speaker, I rise today AIDS, Inc.). the toughest, most disciplined course of study to acknowledge Monday, December 1, 2003 By providing medical care, educational pro- earning a Bachelor of Science degree in Math- as World AIDS Day. Worldwide 42 million peo- grams, housing and financial assistance, case- ematics and Physics from California State ple are living with HIV/AIDS, including 3.2 mil- workers to help with government benefits, and Polytechnic University in 1961. In 1972, he re- lion children under the age of 15. AIDS kills support groups, these programs help those liv- ceived a Master of Science degree in Systems more people worldwide than any other infec- ing with HIV/AIDS get through each day. I am Engineering at the University of Southern Cali- tious disease and infects 15,000 people each proud to recognize them for their year round fornia. day. and tireless commitment to fighting HIV/AIDS. Chuck, the man, is more than just America’s World AIDS Day was established in 1988 to We may only recognize World AIDS Day premier designer and builder of our most ca- raise awareness about HIV/AIDS and tackle once a year, but by providing adequate fund- pable weapons. He is a true patriot and cham- the tough issues related to the disease. This ing and support for programs that encourage pion for the American dream. When asked to year the focus is on stigma and discrimination, treatment and education we can create lasting perform in the hustle and bustle of Corporate two major obstacles in preventing HIV/AIDS. effects on the fight against AIDS.

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HIGHLIGHTS: First Session of the 108th Congress adjourned sine die. Senate to the committee amendment in the nature of a sub- Chamber Action stitute, and the following amendment proposed Routine Proceedings, pages S16081–S16215 thereto: Pages S16159–96 Measures Introduced: Twenty-five bills and five Frist (for Grassley) Amendment No. 2227, to pro- resolutions were introduced, as follows: S. vide for a manager’s amendment. Page S16142 1980–2004, and S. Res. 279–283. Pages S16119–20 Welcoming Public Apologies: Senate agreed to S. Measures Reported: Res. 237, welcoming the public apologies issued by Report to accompany S. 1522, to provide new the President of Serbia and Montenegro and the human capital flexibility with respect to the GAO. President of the Republic of Croatia and urging (S. Rept. No. 108–216) other leaders in the region to perform similar con- Report to accompany S. 1612, to establish a tech- crete acts of reconciliation. Pages S16196–97 nology, equipment, and information transfer within Congo Basin Forest Partnership Act: Committee the Department of Homeland Security. (S. Rept. No. on Foreign Relations was discharged from further 108–217) consideration of H.R. 2264, to authorize appropria- S. 156, to amend the Atomic Energy Act of 1954 tions for fiscal year 2004 to carry out the Congo to reauthorize the Price-Anderson provisions, with Basin Forest Partnership program, and the bill was amendments. (S. Rept. No. 108–218) then passed, after agreeing to the following amend- S. 1401, to reauthorize the National Oceanic and ments proposed thereto: Page S16197 Atmospheric Administration, with amendments. (S. Frist (for Alexander) Amendment No. 2228, to Rept. No. 108–219) strike the authorization of appropriations for fiscal S. 1879, to amend the Public Health Service Act year 2005. Page S16142 to revise and extend provisions relating to mammog- Frist (for Alexander) Amendment No. 2229, to raphy quality standards. (S. Rept. No. 108–220) amend the title. Page S16142 Pages S16118–19 District of Columbia Budget Autonomy Act: Measures Passed: Senate passed S. 1267, to amend the District of Co- Improved Nutrition and Physical Activity Act: lumbia Home Rule Act to provide the District of Senate passed S. 1172, to establish grants to provide Columbia with autonomy over its budgets, after health services for improved nutrition, increased agreeing to the committee amendment, and the fol- physical activity, obesity prevention, after agreeing lowing amendment proposed thereto: to the committee amendment in the nature of a sub- Pages S16197–S16200 stitute. Pages S16094–S16100 Frist (for Levin) Amendment No. 2230, to pro- Breast Cancer Postage Stamp Extension: Senate vide for metered cabs in the District of Columbia. passed S. 2000, to extend the special postage stamp Page S16142 for breast cancer research for 2 years. Page S16159 Trafficking Victim Protection Reauthorization Social Security Protection Act: Senate passed Act: Senate passed H.R. 2620, to authorize appro- H.R. 743, to amend the Social Security Act and the priations for fiscal years 2004 and 2005 for the Traf- Internal Revenue Code of 1986 to provide additional ficking Victims Protection Act of 2000, clearing the safeguards for Social Security and Supplemental Se- measure for the President. Pages S16200–01 curity Income beneficiaries with representative pay- Arrest of Mikhail B. Khodorkovsky: Senate ees, to enhance program protections, after agreeing agreed to S. Res. 258, expressing the sense of the D1351

VerDate jul 14 2003 08:07 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE3.REC D09DE3 D1352 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2003 Senate on the arrest of Mikhail B. Khodorkovsky by A unanimous-consent agreement was reached pro- the Russian Federation. Pages S16201–02 viding for further consideration of the conference re- Congratulating the San Jose Earthquakes: Sen- port at 12 noon, on Tuesday, January 20, 2004. ate agreed to S. Res. 280, congratulating the San Page S16214 Jose Earthquakes for winning the 2003 Major Poison Control Center Enhancement and Aware- League Soccer Cup. Page S16202 ness Act Amendments: Senate concurred in the Prevent All Cigarette Trafficking Act: Senate amendment of the House to S. 686, to provide as- passed S. 1177, to prevent tobacco smuggling, to en- sistance for poison prevention and to stabilize the sure the collection of all tobacco taxes, after agreeing funding of regional poison control centers. to the following amendment proposed thereto: Page S16201 Pages S16202–12 Pension Funding Equity Act—Agreement: A Frist (for Hatch) Amendment No. 2231, to make unanimous-consent agreement was reached providing certain improvements to the bill. Page S16142 that at a time determined by the Majority Leader, Continuing Appropriations/Technical Correc- after consultation with the Democratic Leader, Sen- tions: Senate passed H.J. Res. 82, making further ate begin consideration of H.R. 3108, to amend the continuing appropriations for the fiscal year 2004, Employee Retirement Income Security Act of 1974 clearing the measure for the President. Page S16212 and the Internal Revenue Code of 1986 to temporarily replace the 30-year Treasury rate with a rate U.S. Senate-China Interparliamentary Group: based on long-term corporate bonds for certain pen- Senate agreed to S. Res. 282, providing the funding sion plan funding requirements and other provisions, to assist in meeting the official expenses of a pre- and that the only amendments in order relate to the liminary meeting relative to the formation of a pension discount rate, deficit reduction contribution United States Senate-China interparliamentary relief, and multi-employer plan relief. Page S16150 group. Pages S16141, S16212–13 Authority for Committees—Agreement: A unani- Child Protection: Senate agreed to S. Res. 283, mous-consent agreement was reached providing that affirming the need to protect children in the United notwithstanding the sine die adjournment of the States from indecent programming. Senate, all committees were authorized to file legisla- Pages S16141–42, S16213 tive and executive reports during the sine die ad- Printing Authority: Senate agreed to H. Con. journment of the Senate on Friday, January 9, 2004, Res. 345, authorizing the printing as a House docu- from 10 a.m. until 12 noon. Page S16159 ment of the transcripts of the proceedings of ‘‘The Appointment Authority—Agreement: A unani- Changing Nature of the House Speakership: The mous-consent agreement was reached providing that Cannon Centenary Conference’’, sponsored by the notwithstanding the sine die adjournment of the Congressional Research Service on November 12, Senate, the President of the Senate, the President pro 2003. Page S16213 tempore, and the Majority and Minority Leaders be Relative to the Death of the Honorable Paul authorized to make appointments to commissions, Simon: Senate agreed to S. Res. 281, relative to the committees, boards, conferences, or interparliamen- death of the Honorable Paul Simon, a former Senator tary conferences authorized by law, by concurrent ac- from the State of Illinois. Pages S16141, S16213–14 tion of the two Houses, or by order of the Senate. Agriculture Appropriations Act (Omnibus Ap- Page S16159 propriations)—Conference Report: Senate began Signing Authority—Agreement: A unanimous- consideration of the conference report to accompany consent agreement was reached providing that dur- H.R. 2673, making appropriations for Agriculture, ing the sine die adjournment of the Senate, the Ma- Rural Development, Food and Drug Administration, jority Leader be authorized to sign duly enrolled and Related Agencies for the fiscal year ending Sep- bills or joint resolutions. Page S16159 tember 30, 2004. Page S16083 Nominations—Agreement: A unanimous-consent A motion was entered to close further debate on agreement was reached providing that during the the conference report and, notwithstanding the pro- sine die adjournment of the Senate, all nominations visions of Rule XXII of the Standing Rules of the remain status quo with certain exceptions. Senate, a vote on cloture will occur on Tuesday, Jan- Page S16150 uary 20, 2004 at 3 p.m. Page S16083

VerDate jul 14 2003 08:07 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE3.REC D09DE3 December 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1353 Nominations—Agreement: A unanimous-consent Bruce E. Kasold, of Virginia, to be a Judge of the agreement was reached providing that the nomina- United States Court of Appeals for Veterans Claims tion of Rhonda Keenum, of Mississippi, to be Assist- for the term prescribed by law. ant Secretary of Commerce and Director General of Cheryl Feldman Halpern, of New Jersey, to be a the United States and Foreign Commercial Services, Member of the Board of Directors of the Corporation be jointly referred to the Committee on Commerce, for Public Broadcasting for a term expiring January Science, and Transportation, and the Committee on 31, 2008. Banking, Housing, and Urban Affairs. Page S16158 Lawrence B. Hagel, of Virginia, to be a Judge of Removal of Injunction of Secrecy: The injunction the United States Court of Appeals for Veterans of secrecy was removed from the following treaties: Claims for the term prescribed by law. Additional Protocol to Investment Treaty with Ephraim Batambuze, of Illinois, to be a Member Romania (Treaty Doc. No. 108–13), and of the Board of Directors of the African Develop- Taxation Convention with Japan (Treaty Doc. No. ment Foundation for a term expiring February 9, 108–14) 2008. The treaties were transmitted to the Senate today, John W. Leslie, Jr., of Connecticut, to be a Mem- considered as having been read for the first time, and ber of the Board of Directors of the African Develop- referred, with accompanying papers, to the Com- ment Foundation for a term expiring September 22, mittee on Foreign Relations and ordered to be print- 2007. ed. Pages S16158–59 Elizabeth Courtney, of Louisiana, to be a Member of the Board of Directors of the Corporation for Pub- Messages From the President: Senate received the lic Broadcasting for the remainder of the term expir- following message from the President of the United ing January 31, 2004. States: Elizabeth Courtney, of Louisiana, to be a Member Transmitting, pursuant to law, the Annual Report of the Board of Directors of the Corporation for Pub- of the Railroad Retirement Board for the fiscal year lic Broadcasting for a term expiring January 31, ending September 30, 2002; to the Committee on 2010. (Reappointment) Health, Education, Labor, and Pensions. (PM–58) Charles Darwin Snelling, of Pennsylvania, to be a Page S16117 Member of the Board of Directors of the Metropoli- Appointments: tan Washington Airports Authority for the remain- Commission on Review of Overseas Military Fa- der of the term expiring May 30, 2006. cility Structure of the United States: The Chair, D. Michael Fisher, of Pennsylvania, to be United on behalf of the Democratic Leader, pursuant to States Circuit Judge for the Third Circuit. Public Law 108–132, appointed the following indi- Howard Radzely, of Maryland, to be Solicitor for viduals to the Commission on Review of Overseas the Department of Labor. Military Facility Structure of the United States: Al Thomas J. Curry, of Massachusetts, to be a Mem- Cornella, of South Dakota, and James A. Thomson, ber of the Board of Directors of the Federal Deposit of California. Page S16159 Insurance Corporation for a term of six years. National Prison Rape Reduction Commission: Alicia R. Castaneda, of the District of Columbia, The Chair, on behalf of the Majority Leader, in con- to be a Director of the Federal Housing Finance sultation with the Democratic Leader and pursuant Board for a term expiring February 27, 2004. to Public Law 108–79, appointed the following indi- Alicia R. Castaneda, of the District of Columbia, vidual: Gustavus Adolphus Puryear, IV, of Ten- to be a Director of the Federal Housing Finance nessee, to the National Prison Rape Reduction Com- Board for a term expiring February 27, 2011. (Re- appointment) mission for a term of two years. Page S16159 Jackie Wolcott Sanders, for the rank of Ambas- National Prison Rape Reduction Commission: sador during her tenure of service as United States The Chair, on behalf of the Democratic Leader, after Representative to the Conference on Disarmament consultation with the Majority Leader and pursuant and the Special Representative of the President of to Public Law 108–79, appointed the following indi- the United States for Non-Proliferation of Nuclear viduals to the National Prison Rape Reduction Com- Weapons. mission: James Evan Aiken, of North Carolina, and Rixio Enrique Medina, of Oklahoma, to be a Cindy Struckman-Johnson of South Dakota. Member of the Chemical Safety and Hazard Inves- Page S16159 tigation Board for a term of five years. Nominations Confirmed: Senate confirmed the fol- Scott J. Bloch, of Kansas, to be Special Counsel, lowing nominations: Office of Special Counsel, for the term of five years.

VerDate jul 14 2003 08:07 Dec 10, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE3.REC D09DE3 D1354 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2003 Federico Lawrence Rocha, of California, to be Raymundo Martinez III, of Texas, to be a Member United States Marshal for the Northern District of of the Election Assistance Commission for a term of California for the term of four years. four years. (New Position) George W. Miller, of Virginia, to be a Judge of Deforest B. Soaries, Jr., of New Jersey, to be a the United States Court of Federal Claims for the Member of the Election Assistance Commission for term of fifteen years. a term of four years. (New Position) Karan K. Bhatia, of Maryland, to be an Assistant Jon R. Purnell, of Massachusetts, to be Ambas- Secretary of Transportation. sador to the Republic of Uzbekistan. Jennifer Young, of Ohio, to be an Assistant Sec- Thomas Thomas Riley, of California, to be Am- retary of Health and Human Services. bassador to the Kingdom of Morocco. William J. Hudson, of Virginia, to be Ambas- Margaret Scobey, of Tennessee, to be Ambassador sador to the Republic of Tunisia. to the Syrian Arab Republic. Hector E. Morales, of Texas, to be United States Margaret DeBardeleben Tutwiler, of Alabama, to Alternate Executive Director of the Inter-American be Under Secretary of State for Public Diplomacy. Development Bank. Marguerita Dianne Ragsdale, of Virginia, to be Michael O’Grady, of Maryland, to be an Assistant Ambassador to the Republic of Djibouti. Secretary of Health and Human Services. Timothy John Dunn, of Illinois, a Career Member David Eisner, of Maryland, to be Chief Executive of the Senior Foreign Service, Class of Counselor, for Officer of the Corporation for National and Commu- the rank of Ambassador during his tenure of service nity Service. as Deputy Permanent Representative to the Organi- Read Van de Water, of North Carolina, to be a zation of American States. Member of the National Mediation Board for a term Stuart W. Holliday, of Texas, to be Alternate expiring July 1, 2006. Representative of the United States of America for David Wayne Anderson, of Minnesota, to be an Special Political Affairs in the United Nations, with Assistant Secretary of the Interior. the rank of Ambassador. Louise V. Oliver, of the District of Columbia, for James Curtis Struble, of California, to be Ambas- the rank of Ambassador during her tenure of service sador to the Republic of Peru. as the United States Permanent Representative to James B. Comey, of New York, to be Deputy At- the United Nations Educational, Scientific, and Cul- torney General. tural Organization. Carol Kinsley, of Massachusetts, to be a Member David L. Huber, of Kentucky, to be United States of the Board of Directors of the Corporation for Na- Attorney for the Western District of Kentucky for tional and Community Service for a term expiring the term of four years. October 6, 2006. William K. Sessions III, of Vermont, to be a Arnold I. Havens, of Virginia, to be General Member of the United States Sentencing Commis- Counsel for the Department of the Treasury. sion for a term expiring October 31, 2009. (Re- Steven J. Law, of the District of Columbia, to be appointment) Deputy Secretary of Labor. Mary Kramer, of Iowa, to be Ambassador to Bar- David C. Mulford, of Illinois, to be Ambassador bados and to serve concurrently and without addi- to India. (Prior to this action, Committee on Foreign tional compensation as Ambassador to St. Kitts and Relations was discharged from further consideration.) Nevis, Saint Lucia, Antigua and Barbuda, the Com- James C. Oberwetter, of Texas, to be Ambassador monwealth of Dominica, Grenada, and Saint Vincent to the Kingdom of Saudi Arabia. (Prior to this ac- and the Grenadines. tion, Committee on Foreign Relations was dis- Jeffrey A. Rosen, of Virginia, to be General Coun- charged from further consideration.) sel of the Department of Transportation. Joseph Max Cleland, of Georgia, to be a Member Edward B. O’Donnell, Jr., of Tennessee, a Career of the Board of Directors of the Export-Import Bank Member of the Senior Foreign Service, Class of of the United States for a term expiring January 20, Counselor, for the rank of Ambassador during his 2007. (Prior to this action, Committee on Banking, tenure of service as Special Envoy for Holocaust Housing, and Urban Affairs was discharged from Issues. further consideration.) Paul S. DeGregorio, of Missouri, to be a Member April H. Foley, of New York, to be First Vice of the Election Assistance Commission for a term of President of the Export-Import Bank of the United two years. (New Position) States for the remainder of the term expiring January Gracia M. Hillman, of the District of Columbia, 20, 2005. (Prior to this action, Committee on Bank- to be a Member of the Election Assistance Commis- ing, Housing, and Urban Affairs was discharged sion for a term of two years. (New Position) from further consideration.) Pages S16214–15

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Nominations Received: Senate received the fol- Louise V. Oliver, of the District of Columbia, to lowing nominations: be a Representative of the United States of America Samuel W. Bodman, of Massachusetts, to be Dep- to the Thirty-second Session of the General Con- uty Secretary of the Treasury. ference of the United Nations Educational, Scientific, Robert Jepson, of Georgia, to be a Member of the and Cultural Organization. Internal Revenue Service Oversight Board for a term Peter Eide, of Maryland, to be General Counsel of expiring September 14, 2008. the Federal Labor Relations Authority. Paul Jones, of Colorado, to be a Member of the Neil McPhie, of Virginia, to be a Member of the Internal Revenue Service Oversight Board for a term Merit Systems Protection Board. expiring September 14, 2008. David B. Rivkin, Jr., of Virginia, to be a Member Charles L. Kolbe, of Iowa, to be a Member of the of the Foreign Claims Settlement Commission of the Internal Revenue Service Oversight Board for the re- United States. mainder of the term expiring September 14, 2004. Susanne T. Marshall, of Virginia, to be Chairman Donald Korb, of Ohio, to be Chief Counsel for of the Merit Systems Protection Board. the Internal Revenue Service and an Assistant Gen- Albert Casey, of Texas, to be a Governor of the eral Counsel in the Department of the Treasury. United States Postal Service. Brian Carlton Roseboro, of New Jersey, to be an James C. Miller III, of Virginia, to be a Governor Under Secretary of the Treasury. of the United States Postal Service. Lisa Kruska, of Virginia, to be an Assistant Sec- Louis S. Thompson, of Maryland, to be a Member retary of Labor. of the Reform Board (Amtrak). LaFayette Collins, of Texas, to be United States Kirk Van Tine, of Virginia, to be Deputy Sec- Marshal for the Western District of Texas for the retary of Transportation. term of four years. 2 Air Force nominations in the rank of general. Peter W. Hall, of Vermont, to be United States 2 Army nominations in the rank of general. Circuit Judge for the Second Circuit. Page S16150 James L. Robart, of Washington, to be United Measures Referred: Page S16118 States District Judge for the Western District of Enrolled Bills Presented: Page S16118 Washington. Ronald J. Tenpas, of Illinois, to be United States Additional Cosponsors: Pages S16120–22 Attorney for the Southern District of Illinois for a Statements on Introduced Bills/Resolutions: term of four years. Pages S16122–42 Rhonda Keenum, of Mississippi, to be Assistant Additional Statements: Pages S16109–17 Secretary of Commerce and Director General of the United States and Foreign Commercial Services. Amendments Submitted: Pages S16142–50 2 Air Force nominations in the rank of general. Authority for Committees to Meet: Page S16150 Page S16214 Adjournment Sine Die: Senate met at 10 a.m., Nominations Withdrawn: Senate received notifica- and, in accordance with the provisions of H. Con. tion of withdrawal of the following nominations: Res. 339, and as a further mark of respect to the Susan C. Schwab, of Maryland, to be Deputy Sec- memory of the late Honorable Paul Simon, former retary of the Treasury, which was sent to the Senate United States Senator from the State of Illinois, in on July 17, 2003. Page S16215 accordance with S. Res. 281, adjourned at 7:33 p.m., Nominations Returned to the President: The fol- until 12 noon, on Tuesday, January 20, 2004. lowing nominations were returned to the President Page S16214 failing of confirmation under Senate Rule XXXI at the time of the adjournment of the 108th Congress: Committee Meetings Claude A. Allen, Deputy Secretary of Health and Human Services, to be a Member of the Board of (Committees not listed did not meet) Directors of the African Development Foundation. Claude A. Allen, of Virginia, to be United States NOMINATIONS Circuit Judge for the Fourth Circuit. Committee on Banking, Housing, and Urban Affairs: Jeane J. Kirkpatrick, of Maryland, for the rank of Committee concluded a hearing to examine the Ambassador during her tenure of service as Rep- nominations of April H. Foley, of New York, to be resentative of the United States of America on the First Vice President of the Export-Import Bank of Human Rights Commission of the Economic and So- the United States, and Joseph Max Cleland, of Geor- cial Council of the United Nations. gia, to be a Member of the Board of Directors of the

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Export-Import Bank of the United States, who was achieve their goals of facilitating trade while pre- introduced by Senator Daschle, after each nominee venting terrorist acts, after receiving testimony from testified and answered questions in their own behalf. Loren Yager, Director, International Affairs and U.S. TRADE LAWS Trade, General Accounting Office; James J. Jochum, Assistant Secretary of Commerce for Import Admin- Committee on Governmental Affairs: Subcommittee on istration; Charles W. Freeman III, Deputy Assistant Oversight of Government Management, the Federal Workforce and the District of Columbia concluded U.S. Trade Representative; Franklin J. Vargo, Na- a hearing to examine the impact of shifting global tional Association of Manufacturers, Washington, economic forces on the federal government’s ability D.C.; Thomas J. Duesterberg, Manufacturers Alli- to negotiate, monitor and enforce trade agreements, ance/MAPI, Arlington, Virginia; and Tim Hawk, focusing on new programs that require greater atten- Superior Metal Products/American Trim LLC, Bir- tion to human capital strategies to ensure that they mingham, Alabama. h House of Representatives January 20, 2004 for the convening of the Second Chamber Action Session of the 108th Congress. In accordance with the provisions of H. Con. Res. 339, the House is adjourned sine die until Tuesday, Committee Meetings No committee meetings were held. h NEW PUBLIC LAWS H.R. 3185, to designate the facility of the United (For last listing of Public Laws, see DAILY DIGEST, p. D1347) States Postal Service located at 38 Spring Street in Nashua, New Hampshire, as the ‘‘Hugh Gregg Post H.R. 421, to reauthorize the United States Insti- Office Building’’. Signed on December 6, 2003. tute for Environmental Conflict Resolution. Signed (Public Law 108–166). on December 6, 2003. (Public Law 108–160). H.R. 3349, to authorize salary adjustments for H.R. 1367, to authorize the Secretary of Agri- Justices and judges of the United States for fiscal culture to conduct a loan repayment program regard- year 2004. Signed on December 6, 2003. (Public ing the provision of veterinary services in shortage Law 108–167). situations. Signed on December 6, 2003. (Public S. 579, to reauthorize the National Transportation Law 108–161). Safety Board. Signed on December 6, 2003. (Public H.R. 1821, to award a congressional gold medal Law 108–168). to Dr. Dorothy Height in recognition of her many S. 1152, to reauthorize the United States Fire Ad- contributions to the Nation. Signed on December 6, ministration. Signed on December 6, 2003. (Public 2003. (Public Law 108–162). Law 108–169). H.R. 3038, to make certain technical and con- S. 1156, to amend title 38, United States Code, forming amendments to correct the Health Care to improve and enhance the provision of health care Safety Net Amendments of 2002. Signed on Decem- for veterans, to authorize major construction projects ber 6, 2003. (Public Law 108–163). and other facilities matters for the Department of H.R. 3140, to provide for availability of contact Veterans Affairs, to enhance and improve authorities lens prescriptions to patients. Signed on December relating to the administration of personnel of the 6, 2003. (Public Law 108–164). Department of Veterans Affairs. Signed on December H.R. 3166, to designate the facility of the United 6, 2003. (Public Law 108–170). States Postal Service located at 57 Old Tappan Road S. 1768, to extend the national flood insurance in Tappan, New York, as the ‘‘John G. Dow Post program. Signed on December 6, 2003. (Public Law Office Building’’. Signed on December 6, 2003. 108–171). (Public Law 108–165).

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 Noon, Tuesday, January 20, 2004 12 noon, Tuesday, January 20, 2004

Senate Chamber House Chamber Program for Tuesday, January 20th, 2004: Senate will re- Program for Tuesday, January 20th, 2004: Convening of the sume consideration of the conference report to accompany H.R. second session of the 108th Congress. 2673, Agriculture Appropriations Act (Omnibus Appropria- tions), with a vote on the motion to close further debate on the conference report to occur at 3 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Emanuel, Rahm, Ill., E2487, E2547 McInnis, Scott, Colo., E2497, E2499, Rangel, Charles B., N.Y., E2495, E2510 Feeney, Tom, Fla., E2524 E2502, E2504, E2505, E2506, E2507, Reynolds, Thomas M., N.Y., E2519 Ackerman, Gary L., N.Y., E2489, E2497, Ford, Harold E., Jr., Tenn., E2522 E2508, E2509, E2511 Rodriguez, Ciro D., Tex., E2550 E2500, E2503 Frank, Barney, Mass., E2508 Maloney, Carolyn B., N.Y., E2492, Rothman, Steven R., N.J., E2491 Biggert, Judy, Ill., E2528 Frelinghuysen, Rodney P., N.J., E2547 E2522, E2531 Royce, Edward R., Calif., E2549 Bishop, Timothy H., Jr., N.Y., E2528 Gillmor, Paul E., Ohio, E2526 Markey, Edward J., Mass., E2489 Rush, Bobby L., Ill., E2530 Boehlert, Sherwood, N.Y., E2498, E2501 Grijalva, Rau´ l M., Ariz., E2525 Matheson, Jim, Utah, E2534 Schiff, Adam B., Calif., E2493, E2498, Bonilla, Henry, Tex., E2520 Hall, Ralph M., Tex., E2529 Matsui, Robert T., Calif., E2507 E2500, E2503 Bonner, Jo, Ala., E2519 Meek, Kendrick B., Fla., E2524 Harris, Katherine, Fla., E2527 Scott, Robert C., Va., E2485 Boozman, John, Ark., E2511 Mica, John L., Fla., E2549 Hastings, Alcee L., Fla., E2489, E2509, Serrano, Jose´ E., N.Y., E2496 Brown-Waite, Ginny, Fla., E2506, E2507, Miller, George, Calif., E2486 E2525 Shuster, Bill, Pa., E2495 E2508, E2510, E2511, E2512 Moore, Dennis, Kansas, E2491, E2493 Herger, Wally, Calif., E2527 Smith, Christopher H., N.J., E2534 Buyer, Steve, Ind., E2519 Moran, Jerry, Kansas, E2519 Holt, Rush D., N.J., E2487, E2490, E2493, Stark, Fortney Pete, Calif., E2531 Case, Ed, Hawaii, E2530 Napolitano, Grace F., Calif., E2531 E2496 Chabot, Steve, Ohio, E2511 Ney, Robert W., Ohio, E2507 Tancredo, Thomas G., Colo., E2520 Crowley, Joseph, N.Y., E2489 Honda, Michael M., Calif., E2524 Nunes, Devin, Calif., E2521 Tauzin, W.J. (Billy), La., E2495, E2529 Cunningham, Randy ‘‘Duke’’, Calif., Houghton, Amo, N.Y., E2504 Ortiz, Solomon P., Tex., E2486 Towns, Edolphus, N.Y., E2488 E2508 Hoyer, Steny H., Md., E2492 Ose, Doug, Calif., E2486, E2525 Udall, Mark, Colo., E2533 Davis, Lincoln, Tenn., E2498, E2500, Janklow, William J., S.D., E2547 Oxley, Michael G., Ohio, E2512 Upton, Fred, Mich., E2525 E2503 Kanjorski, Paul E., Pa., E2505 Pascrell, Bill, Jr., N.J., E2506 Van Hollen, Chris, Md., E2485 Davis, Tom, Va., E2499, E2502 Kaptur, Marcy, Ohio, E2521 Payne, Donald M., N.J., E2532 Watson, Diane E., Calif., E2521 DeLauro, Rosa L., Conn., E2496, E2525 Kirk, Mark Steven, Ill., E2494 Pelosi, Nancy, Calif., E2496 Waxman, Henry A., Calif., E2497, E2526 Dooley, Calvin M., Calif., E2528 Langevin, James R., R.I., E2492 Pitts, Joseph R., Pa., E2529 Weldon, Dave, Fla., E2511 Doolittle, John T., Calif., E2532 Lantos, Tom, Calif., E2498, E2501 Radanovich, George, Calif., E2497, Weller, Jerry, Ill., E2498, E2500 Duncan, John J., Jr., Tenn., E2532 Lowey, Nita M., N.Y., E2548 E2500, E2502, E2504, E2505 Wolf, Frank R., Va., E2548

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