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, SEPTEMBER 30, 2003 No. 136 House of Representatives The House met at 12:30 p.m. and was S. 1244. An act to authorize appropriations Like former President Reagan, he be- called to order by the Speaker pro tem- for the Federal Maritime Commission for fis- lieved that much could be done when pore (Mr. CHOCOLA). cal years 2004 through 2008. you did not worry about who got the S. 1301. An act to amend title 18, United f States Code, to prohibit video voyeurism in credit. the special maritime and territorial jurisdic- Indeed, Lou Rotterman worked as an DESIGNATION OF SPEAKER PRO tion of the United States, and for other pur- executive assistant and press secretary TEMPORE poses. for Jack Kemp from 1972 until 1981, a The SPEAKER pro tempore laid be- S. 1375. An act to provide for the reauthor- period in which the New Yorker went fore the House the following commu- ization of programs administered by the from being a freshman Congressman, Small Business Administration, and for best known from his days as a Buffalo nication from the Speaker: other purposes. WASHINGTON, DC, S. 1451. An act to reauthorize programs Bills football great, to one of the con- September 30, 2003. under the Runaway and Homeless Youth Act servative intellectual powerhouses of I hereby appoint the Honorable CHRIS and the Missing Children’s Assistance Act, the modern Republican Party. Kemp, CHOCOLA to act as Speaker pro tempore on and for other purposes. as we all know, championed the Kemp- this day. S. 1591. An act to redesignate the facility Roth across-the-board tax cuts signed J. DENNIS HASTERT, of the United States Postal Service located into law by Ronald Reagan in 1981. Lou Speaker of the House of Representatives. at 48 South Broadway, Nyack, New York, as Rotterman, along with his counterpart the ‘‘Edward O’Grady, Waverly Brown, Peter f Paige Post Office Building’’. Jim Brady, who worked with then-Sen- ator Bill Roth’s office, helped mobilize MESSAGE FROM THE SENATE f support for that historic measure. A message from the Senate by Mr. MORNING HOUR DEBATES As David King of the American Con- Monahan, one of its clerks, announced The SPEAKER pro tempore. Pursu- servative Union wrote in The Hill that the Senate has passed with an ant to the order of the House of Janu- newspaper, ‘‘Kemp would not have suc- amendment in which the concurrence ary 7, 2003, the Chair will now recog- ceeded without Lou Rotterman, and of the House is requested, a bill of the nize Members from lists submitted by Reagan would not have been the Presi- House of the following title: the majority and minority leaders for dent he was without the ideas that the H.R. 2691. An act making appropriations morning hour debates. The Chair will two promoted.’’ for the Department of the Interior and re- alternate recognition between the par- As respected as Rotterman was lated agencies for the fiscal year ending Sep- ties, with each party limited to not to among Congressional press secretaries, tember 30, 2004, and for other purposes. exceed 30 minutes, and each Member, he was far more than a Capitol Hill fix- The message also announced that the except the majority leader, the minor- ture. Senate insists upon its amendment to ity leader, or the minority whip, lim- Like many in his generation, he vol- the bill (H.R. 2691) ‘‘An Act making ap- ited to not to exceed 5 minutes. unteered to fight in World War II. At propriations for the Department of the The Chair recognizes the gentleman the Battle of Leyete Gulf, Rotterman Interior and related agencies for the from North Carolina (Mr. JONES) for 5 was a tail gunner on a crew that had to fiscal year ending September 30, 2004, minutes. ditch in the ocean. For his bravery in and for other purposes,’’ requests a that battle, Lou Rotterman was award- f conference with the House on the dis- ed the Distinguished Flying Cross for agreeing votes of the two Houses there- TRIBUTE TO LOU ROTTERMAN what was called a valiant attack on a on, and appoints Mr. BURNS, Mr. STE- Mr. JONES of North Carolina. Mr. large task force of Japanese. In the ci- VENS, Mr. COCHRAN, Mr. DOMENICI, Mr. Speaker, I rise today to honor a man tation, Rotterman was hailed for his BENNETT, Mr. GREGG, Mr. CAMPBELL, who was part of our Nation’s Greatest bravery, coolness, and determination Mr. BROWNBACK, Mr. DORGAN, Mr. Generation, Lou Rotterman, who was displayed. His superior magnificent BYRD, Mr. LEAHY, Mr. HOLLINGS, Mr. called home by his Maker in July of teamwork was also noted, a hallmark REID, Mrs. FEINSTEIN, and Ms. MIKUL- this year. of Lou Rotterman’s professional life. SKI, to be the conferees on the part of Lou was a fixture on the Hill and in Recently a journalist friend of the Senate. Washington for over 30 years. He was Rotterman’s said, ‘‘You can judge the The message also announced that the an old-school press secretary and measure of a man by how he treats Senate has passed bills of the following speech writer who worked behind the those who aren’t in a position to help titles in which the concurrence of the scenes to put the people he believed in him.’’ The journalist said, ‘‘Lou was House is requested: into the spotlight. that way towards me.’’

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

H8955

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VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.000 H30PT1 H8956 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Prior to working on Capitol Hill, in the northeast United States found Until the agriculture appropriations Rotterman had a distinguished career that 73 percent of downed animals bill has finally passed both Chambers, in journalism with the Dayton Daily ended up passing inspection and enter- it is possible for the conferees to in- News. During that time, he interviewed ing the food chain. These animals had clude provisions protecting the food both Richard Nixon and John Kennedy afflictions such as gangrene, supply, provisions, as I said, that have during the 1960 Presidential campaign. lymphoma, hepatitis, and pneumonia. passed both Chambers last Congress. Rotterman never ducked a challenge. A study by the Livestock Conserva- Every single Member of Congress In the beginning of his career as a beat tion Institute revealed that 14 percent should sign on the critical bipartisan reporter, he once posed as a minister of the downed cows were salmonella legislation led by the gentleman from and walked out on a rain-soaked edge positive. One cow even tested positive New Jersey (Mr. SMITH), the gentleman of an office building with a policeman for a variant of salmonella that kills from New York (Mr. HOUGHTON), the to lure a suicidal man back to safety. almost 1,000 Americans each year. This gentleman from New York (Mr. ACKER- Lou Rotterman was the product of an animal passed inspection and entered MAN), and the gentlewoman from Ohio earlier generation. He went to war, the food supply. (Ms. KAPTUR) that would prohibit served his country, and raised a family. Another area of concern is mad cow downed animals from entering the food Lou Rotterman is gone, but his suc- disease, not just because of the dangers supply. This legislation already has the cessors are out there today working to humans, but because of the dev- support of 119 Democrats and Repub- just as hard as he did. We do not read astating effect that it can have on the licans in Congress. their names in the paper, because they cattle industry itself. Recently, a sin- It is supported by people who care are not in it for the glory. But they do gle infected animal in Canada shut about animal welfare, food safety, to their part to make the world a better down their entire industry. Perhaps join with the State health officials and place for all of us. the reason we have not found mad cow responsible members of the cattle in- Simply put, Lou Rotterman was part disease in the United States is because dustry. All these people know that our of the Greatest Generation that under- the American consumer is eating the Nation needs to produce meat in a hu- stood sacrifice, duty, honor, and coun- evidence. mane and safe manner. Continuing to try. He will be missed by all that knew The Federal Government has started process downed animals for human con- him. to react. The USDA recently added reg- sumption is not part of the recipe. Mr. Speaker, I close by asking God to ulations, which Congress would not, to f please bless America, and bless our protect the ground beef that goes into men and women in uniform. school lunches from containing meat COMPREHENSIVE SECURITY f from downed animals. The SPEAKER pro tempore. Pursu- Earlier this year, the USDA began ant to the order of the House of Janu- DOWNED ANIMALS POSE THREAT circulating a proposed rule that spe- ary 7, 2003, the gentleman from Texas TO FOOD SUPPLY cifically notes the health hazard for (Mr. DELAY) is recognized. The SPEAKER pro tempore. Pursu- downed animals for consumers. Some Mr. DELAY. Mr. Speaker, it is an- ant to the order of the House of Janu- fast-food leaders like Jack in the Box, other week of major activity in the war ary 7, 2003, the gentleman from Oregon and Burger King and Wendy’s have re- on terror. The President will sign the (Mr. BLUMENAUER) is recognized during sponded to past tragic incidents by first annual Department of Homeland morning hour debates for 5 minutes. raising their standards. Security spending bill in American his- Mr. BLUMENAUER. Mr. Speaker, to But Congress has not just been tory. The House will continue our con- make our communities livable, to ‘‘missing in action’’ to protect the sideration of the President’s spending make our families safe, healthy and American consumer from tainted beef; request for military and democracy- economically secure, we must deal some have actually been leading the building operations in Iraq and Afghan- with the issues of food safety. 76 mil- charge to keep those animals on your istan. American and Coalition Forces lion Americans are ill every year from table. Some people put the convenience will continue their work around the unsafe food, 325,000 are hospitalized, and profit of the cattle industry ahead globe to ensure the security of our peo- 5,000 die. of public safety. ple and the success of our cause. A century ago, Upton Sinclair’s epic Last year’s agricultural bill passed None of these actions would be rel- novel ‘‘The Jungle’’ exposed the scan- both bodies of Congress with language evant or even possible without the oth- dal in America’s meatpacking indus- to keep the downed animals out, yet in ers, because without bolstering our try; and yet a century later, we still do conference the conferees stripped away civil defense here at home, our anti- not have it right. the language. They led a battle in this terror activities around the world Despite telling journalism and con- year’s agriculture appropriations bill would be useless; without our aggres- cerns from experts in food safety and against an amendment that would have sive actions to root out and destroy animal welfare, the cattle industry and kept downed animals out of the food terrorist cells where they live and plan, some of their key Congressional allies supply. all of the Homeland Security spending fight to continue allowing almost This is serious business. All inde- in the world would be useless; and, fi- 200,000 unhealthy animals a year into pendent experts know that downed ani- nally, without an intense commitment our food supply. These animals are mals are dangerous. Responsible pro- to build viable and tolerant democ- called ‘‘downers’’ because they are so ducers understand the problem. Some racies in former terrorist states, nei- sick they are unable to stand or walk. State regulators have stepped up to ther our national nor domestic secu- They are dragged to slaughter facilities deal with protecting their facilities. rity goals could be met. around the country, and most of these They are sending the right message, The results speak for themselves. sick animals end up in our food supply. but they only deal with a small part of Since 9/11, no terrorist attack has What difference does it make? the overall food chain. scarred our soil. Two tyrannical re- Downed animals are often afflicted Congress and the Federal Govern- gimes have been replaced by fledgling with many, sometimes fatal, illnesses. ment must act. The downed animals democracies. And threats, be they ter- Sending these sick animals to slaugh- end up as hamburger in America’s gro- rorist states, networks or individuals, ter facilities where they will mix with cery stores because they are processed have been captured or destroyed, no healthy animals is exceedingly dan- in just a few huge centers where the longer to threaten innocent Americans. gerous. animals are ground up, they disappear The comprehensive security strategy Many afflicted animals that should into the food chain. The same child of the Bush Doctrine that folds in have been euthanized at the farm were that is now safer in school goes home homeland, national and international sent to auction markets and slaughter to the family dinner table, where the security priorities is working. Because facilities where they could contami- entire family is at risk. of that comprehensive strategy, the nate healthy animals. It is time for Congress to withstand United States has successfully com- A study of USDA slaughterhouse fa- the pressures of the huge packers and batted terrorism abroad and repelled it cilities in almost 1,000 packing plants their apologists and allies in Congress. at home for more than 2 years.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.002 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8957 The lesson of the Bush Doctrine is ing. Focus this administration on the It is clear there is a theme here. The very clear: You cannot separate home- bare necessities for now. We are trying American people in this mail, and in land and national defense. They are to do way too much at one time.’’ the mail that literally every Member one and the same comprehensive and Mary Lu wrote, ‘‘U.S. out, UN in. We of this Congress is getting, the people indivisible security policy. should pull our soldiers out and turn of this country are concerned that this Critics can complain about one appli- the rebuilding process over the United $87 billion is only a start, that it is cation of this policy or another, but Nations. Congress should vote no on going to be a lot more in the future. given its overwhelming success and the the $87 billion until the President There is no plan. The American people absence of an alternative, these critics works it out with the United Nations. need to continue to speak out. do so to the detriment of their own Roll back the tax cuts to pay for the f credibility. Without an alternative pol- war. The only way we could respon- icy, these critics must be supporting sibly pay for Iraq’s reconstruction is by IRAQI SUPPLEMENTAL SHOULD IN- the weak and indecisive foreign policy rolling back President Bush’s tax cuts CLUDE LOANS, NOT JUST of the past. for the wealthy. If we roll back the tax GRANTS This week, America’s war on terror cuts on the top 1 percent, we could pay The SPEAKER pro tempore. Pursu- will move forward with strength and for the $87 billion and have money left ant to the order of the House of Janu- confidence, as always, with one objec- over for other programs, like prescrip- ary 7, 2003, the gentleman from Florida tive in mind, and that is victory. tion drugs for the elderly.’’ (Mr. STEARNS) is recognized during I commend the President for his lead- Jay of Richfield, Ohio, writes, ‘‘If we morning hour debates for 5 minutes. ership and urge him to stay bold in his assume there are 290 million men, Mr. STEARNS. Mr. Speaker, we will defense of American lives and human women and children in the U.S., that soon be asked to provide an additional freedom. means that every man, woman and $87 billion in order to continue our ef- f child in America will be contributing forts abroad in Iraq and Afghanistan. COMMENTS FROM THE HOME $300 to the reconstruction of a country Now, many, as you just heard, are FRONT we will never visit, and whose welfare complaining about the costs in Iraq would have never affected us but for and the billions that will be needed to The SPEAKER pro tempore. Pursu- maintain a stable Iraq into the future. ant to the order of the House of Janu- the lies of the Bush administration.’’ Janet from Norton, Ohio, writes, One question I ask for my colleagues ary 7, 2003, the gentleman from Ohio ‘‘Please do not vote for one more cent and the American people to consider is, (Mr. BROWN) is recognized during morn- what is the cost if we do not act? In re- ing hour debates for 5 minutes. to be spent on this losing proposition Mr. BROWN of Ohio. Mr. Speaker, in in Iraq. Enough is enough.’’ ality, very few Members of Congress 1838 a former President, John Quincy Judith writes, ‘‘Our President has ar- will vote against the President’s sup- Adams, was a Member of this House of rogantly put us into a position where plemental request, but we do not need Representatives. Congress in those we stand, in many ways, alone, and we to blindly cast our vote without pro- days, conservatives in Congress, had are making a huge mess of things. We viding options on how to at least par- passed a House rule saying that slav- do have an obligation to the Iraqis, but tially offset the cost for this recon- ery, believe it or not, could not be de- they aren’t happy with our presence struction. bated or discussed on the floor of the there and are crippling our ability to I recently had town meetings in my House of Representatives. help them. The most effective thing we Congressional District. Some of the John Quincy Adams decided that he can do is turn over control of the oper- questions that some of the constitu- wanted the people of his district and ation to the United Nations.’’ ents asked centered on why the Amer- other districts in Massachusetts to be Helen writes, ‘‘Wealthy Republicans ican taxpayer has to foot the entire bill heard, so he brought to the floor, every who voted for Bush do not send their for Iraq reconstruction? Why can Iraq day or a couple of times a week, letters kids to die in Iraq, and wealthy Repub- not provide funding for reconstruction from his constituents protesting that licans made sure their tax money was and security themselves? I think all of slavery could not be discussed on the given to them before presenting the my colleagues would agree this is a floor and supporting the ending of slav- bill in Iraq. The rest of the tax money valid question. ery in the United States. isn’t theirs to spend on defense con- However, with the decrepit state of Today, we are faced with a serious tracts. It is ours. Iraq’s infrastructure and economy, issue, perhaps not the seriousness quite ‘‘The U.S. kleptocrats want to profit such a contribution from a people just of slavery in our country, the biggest from Iraq,’’ talking about Halliburton emerging from decades of oppression blot in our history, but we are faced and many of the President’s friends and neglect, it is impossible to expect with the issues of what we do in Iraq who are getting the unbid contracts. Iraq to provide much in the way of re- and what we do with Iraq. ‘‘They can only do it by keeping the construction funding in the near fu- Debate in this House has not been UN out.’’ ture. particularly open or forthcoming, so I I found in these letters, Mr. Speaker, The American people are generous have chosen today, as John Quincy literally dozens of them questioning people. They understand that it is for Adams did, to bring letters from con- the fact we are spending $1 billion a the greater good to help someone help stituents about Iraq to the House floor. week right now, before the President themselves. But they also recognize we I have received literally hundreds of asked for $87 billion more. A third of cannot continue to provide open-ended them, as have my colleagues, ques- that money is going to private contrac- monetary assistance if we do not re- tioning our intentions and the Presi- tors, many of them contributors to the ceive something in return. It is a meet- dent’s intentions, questioning the ve- President, most of those contracts us-halfway approach, if you will. racity of the administration, whether unbid, and many of them going to a Why not provide loans for recon- the administration has been straight- company called Halliburton, from struction, or at least for rebuilding forward with the American people. I which Vice President CHENEY is still some of the infrastructure, to include would like to share some of those let- drawing a $13,000 a month benefit electric and water, et cetera? I think ters with you. check. that we should consider this as an al- Patty from North Royalton, Ohio, Andrew writes, ‘‘I believe the Bush ternative to the grantmaking that the said, ‘‘All of the worst case possibili- administration should be required by administration is requesting. ties with Iraq, with the exception of law to submit to the following condi- Specifically, these loans should be the weapons of mass destruction, of tions before his request for $87 billion linked to potential future Iraqi oil rev- course, and the truth of the adminis- is approved. The $87 billion should be enues. As we know, Iraq has the world’s tration, have proven true, and the funded by the immediate cancellation second largest oil reserve, 11 percent of American public is being asked to foot of the recently-passed tax cut for the the world’s total. However, only 17 of 80 the bill. wealthy, where 43 percent of the tax oil fields have been developed. In addi- ‘‘I suggest a proposal to break apart benefit goes to the richest 1 percent of tion, Iraq has a sizable amount of nat- the military spending from the rebuild- Americans.’’ ural gas reserves that have yet to be

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.004 H30PT1 H8958 CONGRESSIONAL RECORD — HOUSE September 30, 2003 developed. Given the substantial PAST COMMENTS ABOUT COST OF give extended unemployment benefits amount of revenues that Iraq could IRAQ to Americans. generate into the future, there exists a The SPEAKER pro tempore. Pursu- On a per capita basis, the United means to repay some of the costs of ant to the order of the House of Janu- States is going to spend ten times as this reconstruction. ary 7, 2003, the gentleman from Oregon much per citizen in Iraq on drinking Now, the Coalition Provisional Au- (Mr. DEFAZIO) is recognized during water as it will in the United States, thority is working on an Oil Trust morning hour debates for 5 minutes. despite the D-minus grade that our Fund, a plan hoping to begin operation Mr. DEFAZIO. Mr. Speaker, during water infrastructure has, despite the in early 2004. It would appear sensible the lead-up to the war in Iraq, we had unfunded mandates on rural commu- to use such a fund in concert with a great assurances from the President nities that cannot afford to meet those loan program to allow Iraq to repay and his staff that in the aftermath the Federal requirements. Two times as some of these construction costs. United States would not be tagged with much for water resource projects, ten Of course, Iraq has already been sad- the bill. times as much for sewer and drinking Press Secretary Ari Fleischer: ‘‘It is dled with billions in debt. However, Mr. water. Speaker, as we have learned in recent a rather wealthy country. Iraq has to hearings on Iraq’s future, much of the be able to shoulder much of the burden Iraqis will receive 300 times as much debt is owed to countries that refused of their own reconstruction.’’ to put together a reliable electricity to lift a finger to help the Iraqi people Deputy Defense Secretary Paul system in their country. Did the Presi- free themselves from oppression and a Wolfowitz, arguably the godfather of dent not notice, I guess they have gen- destitute existence. Instead, these this policy: ‘‘There is a lot of money to erators at the White House and Camp countries thought it better to put pay for this that doesn’t have to be David, he did not notice that the lights Americans at risk to bring freedom to U.S. taxpayer money, and it starts went out in the eastern United States, these oppressed people. So why should with the assets of the Iraqi people. The but they did because of a crumbling the United States and those countries oil revenues of that country could and underinvested infrastructure. We that have allied with us remain con- bring between $50 billion and $100 bil- are going to spend 300 times as much cerned with those countries, that they lion over the course of the next 2 or 3 per citizen in Iraq. Thirteen times as get repaid first? years. We are dealing with a country much for medical infrastructure. that can really finance its own recon- The American people have been In the little port of Umm Qasr over asked to sacrifice much. Three thou- struction, and relatively soon.’’ Then, of course, the wonderful De- there, we are about to borrow from the sand innocent lives were lost in 2001. fense Secretary, Donald Rumsfeld: ‘‘I American people another $45 million to We have lost more Americans in the do not believe the United States has re- further upgrade that port, at the same ensuing war on terrorism, and families sponsibility for reconstruction. In a time that the President cannot find $8 continue to endure the separation of sense, funds can come from those var- million to dredge ports in Southern Or- loved ones and the economic hardships ious sources I mentioned: frozen assets, egon. We just do not have the money to of Guard and Reserve members leaving oil revenues and a variety of others keep those ports open, he says, but we their civilian jobs to serve in Operation things, including the Oil for Food pro- can borrow $45 million to further im- Iraqi Freedom. gram.’’ prove Umm Qasr, into which we have Are we asking too much for the ad- Well, what a difference a few months already dumped $50 million. ministration to provide an opportuni- makes. The President has presented Then there is the Mawizeh marsh. ties for American generosity, persist- the second bill for Iraq, $70 billion last ence, patience and sacrifice to be ac- The President wants to borrow on be- April, and now another $87 billion that half of the American people $50 million knowledged, appreciated and repaid? I he wants this Congress to borrow on think not. Americans will not shy to restore a marsh. Well, we have big behalf of the American people to spend huge controversy over the Klamath away from the mission it has been for the ongoing conflict and to rebuild marsh and that area in Oregon, and we tasked to complete. We are making that country. progress every day, and our troops, That is right, borrow. We are going need $25 million to move toward resolv- while facing danger, are at the same to obligate Americans for the next 30 ing that controversy. But the Presi- time offering their time, money, and years to pay for the rebuilding of Iraq. dent says that money is not here in the supplies to assist the local Iraqi people. Apparently, it is necessary when cre- United States of America, but he will Once this supplemental is passed, we ating a democratic and civil society borrow $50 million to restore a marsh must support the seven necessary steps that there be massive investment in in Iraq. towards a new Iraq. public works, public infrastructure, Then there is the horrible problem of One, the appointment of the Iraqi schools, hospitals, universal health Basra and Umm Qasr. Their water sup- Governing Council in July. care, telecommunications, ports, rail, ply comes through an open ditch, only Two, in August the Governing Coun- water, all those things; and the Amer- half of which is lined. Of course, my cil named a Preparatory Committee for ican people should borrow the money, city of Albany gets its water through writing Iraq’s new, permanent con- according to the President, to do those an open ditch, none of which is lined. stitution. things so that the Iraqi people can So it is an emergency that the Amer- Three, this month, the Governing move toward a democratic and civil so- ican people borrow $200 million for Council appointed ministers to run the ciety. Umm Qasr and Basra so they can have day-to-day affairs of Iraq. But, unfortunately, according to the a modern water supply system, but, President, it is not necessary to do Four, writing the Constitution. sorry, there is no money for Albany, those things and pay for those things Five, popular vote on ratifying Iraq’s Oregon, and hundreds of other commu- and not advisable to borrow the money nities across this country. Constitution. to do those things to pay for the con- Six, finally electing a new govern- tinuance of a democratic and civil soci- Apparently it is necessary, the Presi- ment. ety here in the United States of Amer- dent says, to borrow these funds on be- Seven, transferring sovereignty from ica. half of this generation and future gen- the coalition to the new government. Yes, he says we can borrow $20.3 bil- erations of Americans so that Iraqis Mr. Speaker, we will give the Presi- lion to do all those things in Iraq, but can live a better life, but we cannot af- dent the funds our country needs to we cannot afford it here. We are bor- ford to do similar projects here in the protect and sustain our troops and re- rowing money to pay tens of thousands United States of America, to put Amer- build a country whose people want to of Iraqis to have no-show, no-work icans to work. If that money were live proud and free again. All we are jobs, to provide stability, but the spent here in the United States of seeking is some measure to ensure that President says we cannot draw on the America, it would put 1 million people the American people aren’t perma- Unemployment Trust Fund, the $16 bil- to work, but that is not on the Presi- nently footing this bill. lion balance on taxes we have paid, to dent’s radar screen.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.034 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8959 SAVING SOCIAL SECURITY this kind of a change, because what we more to support our troops who have The SPEAKER pro tempore. Pursu- are heading for is insolvency of Social been deployed in Iraq and Afghanistan. ant to the order of the House of Janu- Security. In fact, in 4 years that part Specifically, to support our troops and ary 7, 2003, the gentleman from Michi- of Social Security, the trust fund that their families who are under increasing gan (Mr. SMITH) is recognized during pays disability benefits, if you get hurt duress, Congress should grant a $1,500 morning hour debates for 5 minutes. on the job, is going to be broke. There bonus to all those who serve in Iraq Mr. SMITH of Michigan. Mr. Speak- is not enough money coming in. Just 4 and Afghanistan. Not since Vietnam er, I am going to talk for 5 minutes on years. In 12 years, we are going to not have such a large number of troops re- the challenge that faces this Congress have insufficient money coming in ceived such long deployments. This and America in terms of the growing from the payroll tax to pay promised puts tremendous pressure on our troops debt and the growing unfunded liabil- retirement benefits. and their families. ities. ‘‘Unfunded liabilities’’ means the Now, people give complicated expla- This summer, the Department of De- promises that government has made, nations of what we might do to save fense upped deployments for troops but it needs money to come from some- the program, but really there is, again, serving under Operation Iraqi Freedom place to keep the promises we have one of two choices, or a combination. and Operation Enduring Freedom to made, and Social Security is one of You either increase the money coming one year, and not until last week did those promises. in, or you decrease the money going the Department of Defense offer these We started Social Security in 1934, out, or a combination. troops, largely living under very primi- and Congress in effect said that instead That is what I am doing in my Social tive, highly stressful conditions, a 2- of people going over the hill to the Security bill that I just introduced. It week leave. Tragically, this month, our U.S. cas- poorhouse, like they did after the reduces the money going out, number ualties in Iraq surpassed the number of Great Depression money should be one, by changing wage inflation for cal- those killed in the first Gulf War, saved for retirement, Franklin Delano culating future retiree benefits to a Desert Storm. We have lost more than Roosevelt said let us have a program CPI, normal inflation. It slows down the increase in benefits for high-in- 308 people in Iraq. where we have forced savings during Recognizing the increasing gravity of your working years, and that will give come retirees. For income, instead of the average 2.7 percent return that the U.S. military involvement along, my you more security, ‘‘social security,’’ legislation, H.R. 3051, qualifies all ac- average retiree is going to get on So- in your retirement years. tive duty military personnel deployed So we started the program in 1935, cial Security, we increased that to a for any length of time under Operation and it was based on current workers minimum of 3.7 percent. I think probably the challenge that Iraqi Freedom or Operation Enduring paying in their taxes to pay for bene- Freedom for a $1,500 bonus. This bonus we have ahead of us is somehow con- fits for current retirees, sort of a pay- should be made part of the supple- vincing Americans that there is a real as-you-go program. I like the cartoon mental appropriations for Iraq. where Uncle Sam was explaining this problem. It is a problem that is Although as Members of Congress we to a young worker how Social Security demagogued over the years. We have may have different ideas about U.S. worked, and said, ‘‘Well, now, here is a got to deal with it. We have to stand up policy in Iraq, we can all agree that list of names. You put your name on to the issue. I am disappointed that our servicemen and women deserve our the bottom of the list. You pay every- there are only 26 Members of the House sincere commendation for their coura- body on the top of the list, and eventu- and Senate that have ever signed on to geous efforts. $1,500 will not only help ally your name will be on the top of a Social Security bill that keeps Social boost morale but will send a strong bi- the list and everybody below you will Security solvent. It is an important partisan message to our troops that be sending you a check in your retire- program. Congress is unified behind them. ment.’’ We have almost 80 percent of our re- The present administration wants to It is a pay-as-you-go program, sort of tirees today that depend on Social Se- talk about its proposed $21 billion in like a chain letter. But the problem is, curity for a majority of their retire- direct grants to support infrastructure there are fewer and fewer names under ment income. It is something that we development in Iraq. In this $87 billion that top name on the list as we are cannot afford to let go broke. supplemental appropriation, there is looking at a declining birth rate and a Look, we are digging some deep holes another part, $66 billion for military longer lifespan. for ourselves in terms of overspending operations. I see no reason why these The number of people working, for every year. We are overspending this two parts, the $21 billion and the $61 example, in 1940 was 47 people working, year $540 billion. It is going to be over billion, cannot be separated out and paying in their Social Security tax, for $700 deficit spending next year. You why we cannot require the use of Iraqi every one retiree. Today we are down add that on to approximately $11 tril- oil to be used as collateral for inter- to three people working paying in their lion of unfunded liability for Social Se- national loans to at least pay for the Social Security tax for every one re- curity and the other promises that we $21 billion for the infrastructure im- tiree. have made to veterans, the other prom- provements in Iraq and ensure the re- So what we have done of course, is ises we have made to civil servants and construction contracts are competi- over the years every time we hit a people working for government, and tively bid to all companies internation- problem of not having enough money, you must agree it is time Congress ally. we do one of two things, or sometimes stood up to the issue. It is time, Mr. We should also consider using Iraqi both. We either reduce benefits or in- Speaker, that everybody looking at a oil reserves to pay down Iraq’s $200 bil- crease taxes or a combination. That is congressional candidate this next elec- lion international debt. Either way, what we did in 1983. We reduced bene- tion asks them how they are going to American citizens should not be ex- fits and increased taxes, so temporarily save Social Security. pected to support Iraqi development, we have a little surplus coming in for f while many Americans here at home Social Security. face shortfalls in funding for health SUPPORT OUR TROOPS: $1,500 This chart shows what I think should care needs, prescription drugs, school BONUS BILL be everybody’s goal as we look at sav- construction and critical infrastruc- ing Social Security. Number one, con- The SPEAKER pro tempore. Pursu- ture needs we find throughout this tinue to provide retirement security ant to the order of the House of Janu- country. for the elderly; number two, give young ary 7, 2003, the gentleman from Michi- Congress must continue to work to people an opportunity to improve their gan (Mr. STUPAK) is recognized during restore Iraq to a stable and self-gov- retirement prospects; number three, morning hour debates for 5 minutes. erning state but not at the expense of benefit the economy instead of bur- Mr. STUPAK. Mr. Speaker, this week the American people here at home and dening it. That is what my bill does. the other body takes up the President’s our troops abroad. It seems like every Member of Con- request for $87 billion in supplemental I also question several items con- gress, the House, the Senate and White aid for Iraq and Afghanistan. The sup- tained in the administration’s supple- House, should be willing to agree to plemental appropriation should do mental appropriation for Iraq, like $4

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.055 H30PT1 H8960 CONGRESSIONAL RECORD — HOUSE September 30, 2003 million to develop a set of telephone Some of these principles involve ex- disparities, we cannot leave out Native numbers, $100 million to build seven panding the health care safety net. Americans. Native Americans have planned communities with 3,258 houses, There is a lack of health insurance for been subject to extreme discrimination $10 million to finance 100 prison build- many minorities and also access to in health care access and, as a result, ing experts, $50,000 for garbage trucks. adequate health services. This results they are a population with overall low How about $850 million for health con- in significant declines in health status health status. struction and medical equipment, $20 within racial and ethnic minority com- Some of these issues will be ad- million for Afghanistan consultants, munities. dressed in not only the legislation I whatever they are, and $900 million to Also, we need, and this is the second mention, but also in a hearing tomor- import petroleum products such as ker- principle, to diversify the health care row in the House Committee on Re- osene and diesel to a country with the workforce. Efforts must be made to re- sources where we will be holding a world’s second largest oil reserves? cruit and train health care profes- Some of these requests do not make sionals from underrepresented groups. hearing on the Indian Health Care Im- sense. Instead of again dipping into the Third, we have to ensure that health provement Act which is vital, I think, pockets of working Americans and care access is made in compliance with to the health care and well-being of risking veteran benefits for our troops civil rights laws. There are many peo- American Indians as well as Alaskan when they return home, I support pro- ple with limited English proficiency in natives. posals to suspend the tax cuts for the the country that have a difficult time The focus of the hearing tomorrow top 1 percent of income earners to pay accessing federally conducted and sup- will be on Title I of the Indian Health for the President’s $87 billion request ported programs. Persons with limited Care Improvement Act which deals for Iraq; and I urge Congress to con- English proficiency should not be in- with Indian health, human resource, sider my bill, H.R. 3051, to include sup- hibited from accessing vital health and development in an effort to address port for our troops in this supple- care services, paid for often by their the need for an adequate supply of mental package on Iraq. families and their own personal Fed- health care professionals in the Indian Again, my bill provides for a $1,500 eral income taxes. health system and creating more op- bonus to military personnel who served Fourthly, we have to promote the portunities for Native Americans to under the Army, Navy, Air Force, Ma- collection and dissemination of data pursue health careers. rine Corps, Coast Guard, National that is helpful to give indication of dis- Guard or Reserves in a combat zone parities amongst minorities. In order I want to emphasize, Mr. Speaker, under Operation Iraqi Freedom or Op- to fully understand the scope of health that Congress has never funded Indian eration Enduring Freedom. care disparities, it is necessary to have health care at a level that would result In the coming year, in this coming data on an individuals’ health care ac- in health services that are comparable year, an estimated 150,000 young men cess and utilization that includes race, to services received by other Ameri- and women will not see their families. ethnicity, primary language, immigra- cans. So the big problem in the dis- A record number of Reservists and tion status and socioeconomic status. parity issue, with regard to Native Guardsmen and women will put their Fifth, Mr. Speaker, we have to com- Americans, is making sure there is ade- private sector opportunities and em- bat diseases that disproportionally af- quate funding for the Federal Indian ployment on hold, and thousands of fect racial and ethnic minorities. Ex- Health Service Program. children every night will say a prayer isting research has illustrated that dis- The Native American population is for their parent’s safe return. These ex- eases such as diabetes, obesity, heart approximately 40 percent rural and pre- traordinary times deserve extraor- disease, asthma and HIV/AIDS dis- dominantly lives in geographically dis- dinary measures. I urge Members to proportionately impact racial and eth- persed areas with low population den- support my bill, H.R. 3051, to provide nic minorities. sity. And this demographic aspect our troops in Iraq and Afghanistan a Federal initiatives should focus on makes access to health care more dif- $1,500 bonus, a bonus they certainly de- preventing and treating these diseases, ficult. There are Indian Health Service serve, and make this part of the supple- educating all communities about their facilities available throughout the mental appropriation bill. impact, and identifying the behavioral, country, however, there are still some f emotional and environmental factors States that completely lack any Indian that contribute to these diseases. Health Service facilities. HEALTH DISPARITIES Next we have to enhance medical re- The SPEAKER pro tempore. Pursu- search that benefits these commu- Overall, Mr. Speaker, I believe access ant to the order of the House of Janu- nities. It is important that Federal to primary health care and prevention ary 7, 2003, the gentleman from New medical research be conducted by and services is good amongst Native Ameri- Jersey (Mr. PALLONE) is recognized on behalf of racial and ethnic minori- cans. However, beyond primary care, during morning hour debates for 5 min- ties. the situation quickly gets worse. For utes. Lastly, I want to emphasize, Mr. example, speciality services are sparse. Mr. PALLONE. Mr. Speaker, this Speaker, prevention and behavioral What services are available are typi- afternoon I would like to discuss the health. Estimates suggest that as cally overcrowded and patients are issue of health disparities. much as 50 percent of health care costs often prioritized. Unfortunately, Mr. Speaker, we have are caused by behavior-related ill- So we must address these issues, and a system of delivering health care in nesses, including heart disease, high I hope they can be addressed both in the United States that has resulted in blood pressure, obesity and substance the Democratic health disparities leg- severe disparities along racial and eth- abuse. Cultural and social factors can islation and in the hearing we have to- nic lines in health care access, quality contribute to the behavioral patterns morrow on the Indian Health Care Im- of care, and also health outcomes. All underlying these illnesses, and inter- provement Act. Americans deserve equal treatment in vention is necessary to prevent such health care, and in an effort to appro- illnesses and save billions of dollars in priately address this issue, Democrats health care costs. f will soon offer legislation to eliminate Now, Mr. Speaker, I wanted to talk these racial and ethnic health dispari- about in the context of the overall RECESS ties. issue of disparities and the principles The SPEAKER pro tempore (Mr. Mr. Speaker, there are several prin- that the Democrats seek to initiate in CHOCOLA). There being no further re- ciples that I would like to highlight this legislation that we are soon to in- quests for morning hour debates, pur- that will be reflected in the Democrat’s troduce, I wanted to pay particular at- suant to clause 12(a), rule I, the House bill. I emphasize that Democrats are tention to the problems of Native will stand in recess until 2 p.m. today. committed to ensuring that minority Americans because I am the vice chair communities aren’t burdened by higher of the Native American Caucus. Accordingly (at 1 o’clock and 18 min- prevalence or incidence of disease and And Democrats feel that, in par- utes p.m.) the House stood in recess illness than the general population. ticular, when we address health care until 2 p.m.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.007 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8961 b 1400 Althea Gibson’s tremendous char- not, as some in this body suggest, turn acter and talent allowed her to make over full control of that country before AFTER RECESS great progress for civil rights while democracy has taken root, before we The recess having expired, the House playing tennis and golf, much in the can ensure that a new Iraq will not be- was called to order by the Speaker pro same way Jackie Robinson did in base- come a haven for terrorists and tempore (Mr. WHITFIELD) at 2 p.m. ball. She will always be remembered Saddam’s murderous followers. Iraq’s f and is greatly missed. future and our safety hang in the bal- In conclusion, God bless our troops. PRAYER ance. f f The Chaplain, the Reverend Daniel P. Coughlin, offered the following prayer: LACK OF A GOOD HEALTH CARE CALL FOR A PARTNERSHIP IN Lord God of heaven and earth, You SYSTEM REBUILDING IRAQ love all You have created. Fill this (Ms. EDDIE BERNICE JOHNSON of (Mr. PENCE asked and was given per- Chamber of the House of Representa- Texas asked and was given permission mission to address the House for 1 tives with Your presence and love. to address the House for 1 minute and minute and to revise and extend his re- Guide the Members and their staffs to revise and extend her remarks.) marks.) to live and work in a manner worthy of Ms. EDDIE BERNICE JOHNSON of Mr. PENCE. Mr. Speaker, Operation their calling. Texas. Mr. Speaker, as a nurse by pro- Iraqi Freedom has been a historic suc- Let all atone for mistakes of the past fessional training, I have spent much of cess, a military victory of astonishing and rectify the governing of Your peo- my public career working to ensure proportions in its decisiveness as well ple. that the Nation’s health care system is as its compassion on the civilian popu- It is Your Divine Providence, O Lord, affordable and provides the best pos- lation. In the next 2 weeks, the Presi- which has brought us together at this sible services for all Americans. While dent of the United States has come to time; to accomplish great deeds in the Americans still have a world class Congress to ask for some $87 billion to name of this country we choose to love health care system, there are those continue the work, and well we should. and serve, now and forever. whose lives have been threatened by a Extending every dollar to make sure Amen. focus on profits over healing. our troops have the resources they f Mr. Speaker, nearly a quarter of the need to get the job done and come residents in Texas, my home State, home safe should be Congress’ top pri- THE JOURNAL lack health coverage. That is a larger ority. But with regard to the invest- The SPEAKER pro tempore. The percentage than any other State. The ment in civil society, the reconstruc- Chair has examined the Journal of the situation has been getting worse, ac- tion dollars, some $20.3 billion, I rise last day’s proceedings and announces cording to a U.S. Census Bureau report respectfully, Mr. Speaker, to say that to the House his approval thereof. to be released today. The survey shows we should ask the people of Iraq and Pursuant to clause 1, rule I, the Jour- 24.7 percent of the State’s residents had their future generations to partner nal stands approved. no insurance during the 2-year period with us, to structure reconstruction f ending last December. Texas also had dollars as a loan, and give the Iraqi the Nation’s highest proportion of un- people the opportunity to invest along PLEDGE OF ALLEGIANCE insured in 2000 and 2001. with us in their own peace and sta- The SPEAKER pro tempore. Will the I support a plan that would expand bility and democracy as full partners gentleman from South Carolina (Mr. Medicare coverage for prescription in their future. WILSON) come forward and lead the medications. However, there must be f House in the Pledge of Allegiance. some cost containment agreement with NO MORE DOLLARS FOR IRAQI Mr. WILSON of South Carolina led manufacturers and a streamlining of FREEDOM the Pledge of Allegiance as follows: the Federal administrative structure I pledge allegiance to the Flag of the to reduce costs to beneficiaries. Mr. (Ms. WATERS asked and was given United States of America, and to the Repub- Speaker, now is the time for all Ameri- permission to address the House for 1 lic for which it stands, one nation under God, cans to have access to quality health minute.) indivisible, with liberty and justice for all. care and meaningful patient protec- Ms. WATERS. Mr. Speaker, I had not f tion. Our citizens deserve and expect come to the floor prepared to say any- nothing less. thing; except when I heard my col- REMEMBERING THE HISTORIC f leagues from the other side of the aisle LIFE OF ALTHEA GIBSON talking about the success of Iraqi Free- (Mr. WILSON of South Carolina NEW IRAQ dom, I just have to remind the Con- asked and was given permission to ad- (Mr. PITTS asked and was given per- gress of the United States that we have dress the House for 1 minute and to re- mission to address the House for 1 been asked for $87 billion to continue vise and extend his remarks.) minute and to revise and extend his re- this war that was a preemptive strike Mr. WILSON of South Carolina. Mr. marks.) that most of us, or many of us, did not Speaker, an American hero, Althea Mr. PITTS. Mr. Speaker, a recent agree with. Gibson, died Sunday at the age of 76. poll showed that two out of three resi- The fact of the matter is we are find- Gibson was a champion tennis player, dents in Baghdad believe that they are ing out every day that we have been the first black athlete to compete in better off today than they were under misled, that we have been told stories the U.S. Open, in 1950, and at Saddam Hussein. Less than 15 percent that are not true. They have still not Wimbledon, in 1951. She went on to win would rather live under repression. We found the weapons of mass destruction, major tournaments, including the are starting to hear more and more and now we are asked not only to sup- Wimbledon and U.S. Opens in 1957 and stories of Iraqis pointing us in the port our soldiers, but we are now asked 1958, the French Open, and three dou- right direction in Iraq. A tip from an to rebuild Iraq. Most of us are cer- bles titles at Wimbledon. In golf, she Iraqi led to a discovery of a priceless tainly in support of our soldiers, and was the first African-American woman mask, thousands of years old. Another we are very upset that they have not on the LPGA tour. tip led to a buried cache of weapons. had the equipment and the supplies and Althea Gibson was born in South We do not hear much about these suc- other kinds of things good planning Carolina, raised in Harlem, New York, cesses in the media, but Iraqi public would have caused any army to have. and went on to become an outstanding opinion is with us. But most of us are not satisfied with professional tennis and golf player. She This week, Congress will begin con- the fact that we are asked to rebuild carried herself with grace and dignity sideration of the Iraq supplemental. As Iraq when, in fact, this administration and is a role model for millions of we move forward, we should encourage told us that they were going to get the young Americans learning to break Iraqis to step forward and take control money from the oil wells, the oil wells down racial barriers. of their own country. But we should that they secured when they first went

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.009 H30PT1 H8962 CONGRESSIONAL RECORD — HOUSE September 30, 2003 in, to pay for the rebuilding of Iraq; $87 ‘‘(I) international drug control coordina- tions for drug-related offenses not occurring billion, not now. tion and cooperation with respect to activi- during a period of enrollment for which the ties described in this paragraph.’’. student was receiving any Federal grant, f (2) in paragraph (9), by striking ‘‘impli- loan, or work assistance; ANNOUNCEMENT BY THE SPEAKER cates’’ and inserting ‘‘indicates’’; ‘‘(vi) requests funding for drug treatment PRO TEMPORE (3) in paragraph (10)— activities that do not adequately support (A) by striking ‘‘and’’ at the end of sub- and enhance Federal drug treatment pro- The SPEAKER pro tempore. Pursu- paragraph (B); grams and capacity, as determined by the ant to clause 8 of rule XX, the Chair (B) by striking the period at the end of Director; or will postpone further proceedings subparagraph (C) and inserting ‘‘; and’’; and ‘‘(vii) requests funding for fiscal year 2005 today on motions to suspend the rules (C) by adding at the end the following: for activities of the Department of Edu- on which a recorded vote or the yeas ‘‘(D) domestic drug law enforcement, in- cation, unless it is accompanied by a report and nays are ordered, or on which the cluding law enforcement directed at drug setting forth a plan for providing expedited consideration of student loan applications vote is objected to under clause 6 of users.’’; and (4) in paragraph (11)— for all individuals who submitted an applica- rule XX. (A) by inserting before the semicolon in tion for any Federal grant, loan, or work as- Record votes on postponed questions subparagraph (A) the following: ‘‘(including sistance that was rejected or denied pursu- will be taken after 6:30 p.m. today. source country programs, and law enforce- ant to 484(r)(1) of the Higher Education Act f ment outside the United States)’’; of 1965 (20 U.S.C. 1091(r)(1)) by reason of a (B) by inserting ‘‘and’’ after the semicolon conviction for a drug-related offense not oc- OFFICE OF NATIONAL DRUG CON- in subparagraph (B); curring during a period of enrollment for TROL POLICY REAUTHORIZATION (C) by striking ‘‘; and’’ at the end of sub- which the individual was receiving any Fed- ACT OF 2003 paragraph (C) and inserting a period; and eral grant, loan, or work assistance.’’; (3) in subparagraph (D)(iii), as so redesig- Mr. SOUDER. Mr. Speaker, I move to (D) by striking subparagraph (D). (b) CONFORMING AMENDMENTS.—Section nated, by inserting ‘‘and the authorizing suspend the rules and pass the bill 703(b)(3) (21 U.S.C. 1702(b)(3)) is amended— committees of Congress for the Office’’ after (H.R. 2086) to reauthorize the Office of (1) in subparagraph (A), by striking ‘‘(G)’’ ‘‘House of Representatives’’; and National Drug Control Policy, as and inserting ‘‘(H)’’; and (4) in subparagraph (E)(ii)(bb), as so redes- amended. (2) in subparagraph (C)— ignated, by inserting ‘‘and the authorizing The Clerk read as follows: (A) by striking ‘‘(C)’’ and inserting ‘‘(D)’’; committees of Congress for the Office’’ after H.R. 2086 and ‘‘House of Representatives’’. (B) by striking ‘‘and subparagraph (D) of (d) REPROGRAMMING AND TRANSFER RE- Be it enacted by the Senate and House of Rep- section 702(11)’’. QUESTS.—Section 704(c)(4)(A) (21 U.S.C. resentatives of the United States of America in 1703(c)(4)(A)) is amended by striking Congress assembled, SEC. 3. AMENDMENTS RELATING TO APPOINT- MENT AND DUTIES OF DIRECTOR ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. SECTION 1. SHORT TITLE; REFERENCES; TABLE AND DEPUTY DIRECTORS. (e) POWERS OF DIRECTOR.—Section 704(d) (21 OF CONTENTS. (a) DESIGNATION OF OTHER OFFICERS.—Sec- U.S.C. 1703(d)) is amended— (a) SHORT TITLE.—This Act may be cited as tion 704(a)(3) (21 U.S.C. 1703(a)(3)) is amend- (1) in paragraph (8)(D), by striking ‘‘have the ‘‘Office of National Drug Control Policy ed— been authorized by Congress;’’ and inserting Reauthorization Act of 2003’’. (1) by striking ‘‘permanent employee’’ and ‘‘authorized by law;’’; (b) AMENDMENT OF OFFICE OF NATIONAL inserting ‘‘officer or employee’’; and (2) in paragraph (9)— DRUG CONTROL POLICY REAUTHORIZATION ACT (2) by striking ‘‘serve as the Director’’ and (A) by inserting ‘‘notwithstanding any OF 1998.—Except as otherwise expressly pro- inserting ‘‘serve as the acting Director’’. other provision of law,’’ after ‘‘(9)’’; and vided, whenever in this Act an amendment (b) RESPONSIBILITIES OF DIRECTOR.—Sec- (B) by striking ‘‘Strategy; and’’ and insert- or repeal is expressed in terms of an amend- tion 704(b) (21 U.S.C. 1703(b)) is amended— ing ‘‘Strategy and notify the authorizing ment to, or repeal of, a section or other pro- (1) in paragraph (4), by striking ‘‘Federal Committees of Congress for the Office of any vision, the reference shall be considered to departments and agencies engaged in drug fund control notice issued;’’; be made to a section or other provision of enforcement,’’ and inserting ‘‘National Drug (3) in paragraph (10), by striking ‘‘(22 the Office of National Drug Control Policy Control Program agencies,’’; U.S.C. 2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) Reauthorization Act of 1998 (Public Law 105– (2) by inserting ‘‘and’’ at the end of para- and section 706 of the Department of State 277; 21 U.S.C. 1701 et seq.). graph (12); Authorization Act for Fiscal Year 2003 (22 (c) TABLE OF CONTENTS.—The table of con- (3) by striking paragraphs (13) and (14); and U.S.C. 229j–l);’’; tents of this Act is as follows: (4) by redesignating paragraph (15) as para- (4) by adding at the end the following new Sec. 1. Short title; references; table of con- graph (13). paragraphs: tents. (c) REVIEW AND CERTIFICATION OF NATIONAL ‘‘(11) not later than August 1 of each year, Sec. 2. Amendments to definitions. DRUG CONTROL PROGRAM BUDGET.—Section submit to the President a report, and trans- Sec. 3. Amendments relating to appoint- 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended— mit copies of the report to the Secretary of ment and duties of Director and (1) by redesignating subparagraphs (C) and State and the authorizing Committees of Deputy Directors. (D) as subparagraphs (D) and (E), respec- Congress for the Office, that— Sec. 4. Amendments relating to coordina- tively; ‘‘(A) provides the Director’s assessment of tion with other agencies. (2) by inserting after subparagraph (B) the which countries are major drug transit coun- Sec. 5. Development, submission, implemen- following new subparagraph: tries or major illicit drug producing coun- tation, and assessment of Na- ‘‘(C) SPECIFIC REQUESTS.—The Director tries as defined in section 481(e) of the For- tional Drug Control Strategy. shall not confirm the adequacy of any budget eign Assistance Act of 1961; Sec. 6. High intensity drug trafficking areas request that— ‘‘(B) provides the Director’s assessment of program. ‘‘(i) requests funding for Federal law en- whether each country identified under sub- Sec. 7. Funding for certain high intensity forcement activities that do not adequately paragraph (A) has cooperated fully with the drug trafficking areas. compensate for transfers of drug enforce- United States or has taken adequate steps on Sec. 8. Amendments relating to Counter- ment resources and personnel to law enforce- its own to achieve full compliance with the Drug Technology Assessment ment and investigation activities not related goals and objectives established by the Center. to drug enforcement as determined by the United Nations Convention Against Illicit Sec. 9. Repeals. Director; Traffic in Narcotic Drugs and Psychotropic Sec. 10. National Youth Antidrug Media ‘‘(ii) requests funding for law enforcement Substances and otherwise has assisted in re- Campaign. activities on the borders of the United States ducing the supply of illicit drugs to the Sec. 11. Authorization of appropriations. that do not adequately direct resources to United States; and Sec. 12. Extension of termination date. drug interdiction and enforcement as deter- ‘‘(C) provides the Director’s assessment of SEC. 2. AMENDMENTS TO DEFINITIONS. mined by the Director; whether application of procedures set forth (a) AMENDMENTS TO DEFINITIONS.—Section ‘‘(iii) requests funding for drug treatment in section 490(a) through (h) of the Foreign 702 (21 U.S.C. 1701) is amended— activities that do not provide adequate re- Assistance Act of 1961, as provided in section (1) in paragraph (1)— sult and accountability measures as deter- 706 of the Department of State Authorization (A) by striking ‘‘and’’ at the end of sub- mined by the Director; Act for Fiscal Year 2003, is warranted with paragraph (F); ‘‘(iv) requests funding for any activities of respect to countries the Director assesses (B) by striking the period at the end of the Safe and Drug Free Schools Program have not cooperated fully; and subparagraph (G) and inserting a semicolon; that do not include a clear antidrug message ‘‘(12) appoint a United States Interdiction and or purpose intended to reduce drug use; Coordinator under subsection (i).’’. (C) by adding at the end the following: ‘‘(v) requests funding to enforce section (f) UNITED STATES INTERDICTION COORDI- ‘‘(H) interventions for drug abuse and de- 484(r)(1) of the Higher Education Act of 1965 NATOR.—Section 704 (21 U.S.C. 1703) is further pendence; and (20 U.S.C. 1091(r)(1)) with respect to convic- amended by adding at the end the following:

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.010 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8963

‘‘(i) UNITED STATES INTERDICTION COORDI- ‘‘(i) the number and type of seizures of mentation of the National Drug Control NATOR.— drugs by each component of the Department Strategy; and ‘‘(1) IN GENERAL.—There shall be in the Of- seizing drugs, as well as statistical informa- ‘‘(viii) a supplement reviewing the activi- fice a United States Interdiction Coordi- tion on the geographic areas of such seizures; ties of each individual National Drug Control nator, who shall be appointed by the Direc- and Program agency during the previous year tor and shall perform duties determined by ‘‘(ii) the number of air and maritime patrol with respect to the National Drug Control the Director with respect to coordination of hours undertaken by each component of the Strategy and the Director’s assessment of efforts to interdict illicit drugs from the Department primarily dedicated to drug sup- the progress of each National Drug Control United States. ply reduction missions. Program agency in meeting its responsibil- ‘‘(2) APPOINTMENT.— ‘‘(D) SECRETARY OF DEFENSE.—The Sec- ities under the National Drug Control Strat- ‘‘(A) IN GENERAL.—Notwithstanding any retary of Defense shall, by July 1 of each egy. other provision of law (except subparagraph year, submit to the Director and the author- ‘‘(B) CLASSIFIED INFORMATION.—Any con- (B)), the Director may appoint any indi- izing Committees of Congress for the Office tents of the National Drug Control Strategy vidual to serve as the United States Interdic- information for the preceding year regarding that involve information properly classified tion Coordinator. the number of air and maritime patrol hours under criteria established by an Executive ‘‘(B) LIMITATION.—The Director may not primarily dedicated to drug supply reduction order shall be presented to Congress sepa- appoint to such position any individual who missions undertaken by each component of rately from the rest of the National Drug concurrently serves as the head of any other the Department of Defense.’’; and Control Strategy. Federal department or agency or any sub- (3) in subsection (b)(2)(B), by striking ‘‘(C) SELECTION OF DATA AND INFORMA- division thereof with responsibility for nar- ‘‘Program.’’ and inserting ‘‘Strategy.’’. TION.—In selecting data and information for cotics interdiction activities, except the SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMEN- inclusion under subparagraph (A), the Direc- counternarcotics officer of the Department TATION, AND ASSESSMENT OF NA- tor shall ensure— of Homeland Security appointed under sec- TIONAL DRUG CONTROL STRATEGY. ‘‘(i) the inclusion of data and information tion 878 of the Homeland Security Act of 2002 Section 706 (21 U.S.C. 1705) is amended to that will permit analysis of current trends (6 U.S.C. 458).’’. read as follows: against previously compiled data and infor- (g) REQUIREMENT FOR SOUTH AMERICAN ‘‘SEC. 706. DEVELOPMENT, SUBMISSION, IMPLE- mation where the Director believes such HEROIN STRATEGY.— MENTATION, AND ASSESSMENT OF analysis enhances long-term assessment of (1) IN GENERAL.—Not later than 90 days NATIONAL DRUG CONTROL STRAT- the National Drug Control Strategy; and after the date of the enactment of this Act, EGY. ‘‘(ii) the inclusion of data and information the Director of National Drug Control Policy ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR to permit a standardized and uniform assess- shall submit to the Congress a comprehen- DEVELOPMENT AND SUBMISSION OF NATIONAL ment of the effectiveness of drug treatment sive strategy that addresses the increased DRUG CONTROL STRATEGY.— programs in the United States. threat from South American heroin, and in ‘‘(1) IN GENERAL.—Not later than February ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB- particular Colombian heroin. 1 of each year, the President shall submit to MISSION.— (2) CONTENTS.—The strategy shall— Congress a National Drug Control Strategy, ‘‘(A) CONSULTATION.—In developing and ef- (A) include opium eradication efforts to which shall set forth a comprehensive plan fectively implementing the National Drug eliminate the problem at the source to pre- for reducing illicit drug use and the con- Control Strategy, the Director— vent it from reoccurring before the heroin sequences of illicit drug use in the United ‘‘(i) shall consult with— enters the stream of commerce; States by reducing the demand for illegal ‘‘(I) the heads of the National Drug Control (B) interdiction and precursor chemical drugs, limiting the availability of illegal Program agencies; controls; drugs, and conducting law enforcement ac- ‘‘(II) Congress; (C) demand reduction and treatment; tivities with respect to illegal drugs. ‘‘(III) State and local officials; (D) provisions that ensure the maintenance ‘‘(2) CONTENTS.— ‘‘(IV) private citizens and organizations at current levels of efforts to eradicate coca ‘‘(A) IN GENERAL.—The National Drug Con- with experience and expertise in demand re- in Colombia; and trol Strategy submitted under paragraph (1) duction; (E) assessment of the level of additional shall include— ‘‘(V) private citizens and organizations funding and resources necessary to simulta- ‘‘(i) comprehensive, research-based, long- with experience and expertise in supply re- neously address the threat from South range, and quantifiable goals for reducing il- duction; American heroin and the threat from Colom- licit drug use and the consequences of illicit ‘‘(VI) private citizens and organizations bian coca. drug use in the United States; with experience and expertise in law enforce- SEC. 4. AMENDMENTS RELATING TO COORDINA- ‘‘(ii) annual objectives and strategy for de- ment; and TION WITH OTHER AGENCIES. mand reduction, supply reduction, and law ‘‘(VII) appropriate representatives of for- Section 705 (21 U.S.C. 1704) is amended— enforcement activities, specific targets to eign governments; (1) in subsection (a)(1)(A), by striking accomplish long-range quantifiable reduc- ‘‘(ii) with the concurrence of the Attorney ‘‘abuse’’; tion in illicit drug use as determined by the General, may require the El Paso Intel- (2) by amending paragraph (3) of subsection Director, and specific measurements to ligence Center to undertake specific tasks or (a) to read as follows: evaluate progress toward the targets and projects to implement the National Drug ‘‘(3) REQUIRED REPORTS.— strategic goals; Control Strategy; ‘‘(A) SECRETARIES OF THE INTERIOR AND AG- ‘‘(iii) a strategy to reduce the availability ‘‘(iii) with the concurrence of the Director RICULTURE.—The Secretaries of Agriculture and purity of illegal drugs and the level of of Central Intelligence and the Attorney and Interior shall, by July 1 of each year, drug-related crime in the United States; General, may request that the National Drug jointly submit to the Director and the au- ‘‘(iv) an assessment of Federal effective- Intelligence Center undertake specific tasks thorizing Committees of Congress for the Of- ness in achieving the National Drug Control or projects to implement the National Drug fice an assessment of the quantity of illegal Strategy for the previous year, including— Control Strategy; and drug cultivation and manufacturing in the ‘‘(I) a specific evaluation of whether the ‘‘(iv) may make recommendations to the United States on lands owned or under the objectives and targets for reducing illicit Secretary of Health and Human Services on jurisdiction of the Federal Government for drug use for the previous year were met and research that supports or advances the Na- the preceding year. reasons for the success or failure of the pre- tional Drug Control Strategy. ‘‘(B) ATTORNEY GENERAL.—The Attorney vious year’s Strategy; and ‘‘(B) RECOMMENDATIONS.—Recommenda- General shall, by July 1 of each year, submit ‘‘(II) an assessment of the availability and tions under subparagraph (A)(iv) may in- to the Director and the authorizing Commit- purity of illegal drugs and the level of drug- clude recommendations of research to be tees of Congress for the Office information related crime in the United States; performed at the National Institutes of for the preceding year regarding the number ‘‘(v) notification of any program or budget Health, including the National Institute on and type of— priorities that the Director expects to sig- Drug Abuse, or any other appropriate agency ‘‘(i) arrests for drug violations; nificantly change from the current Strategy within the Department of Health and Human ‘‘(ii) prosecutions for drug violations by over the next five years; Services. United States Attorneys; and ‘‘(vi) a review of international, State, ‘‘(C) INCLUSION IN STRATEGY.—The National ‘‘(iii) the number and type of seizures of local, and private sector drug control activi- Drug Control Strategy under this subsection drugs by each component of the Department ties to ensure that the United States pursues shall include a list of each entity consulted seizing drugs, as well as statistical informa- well-coordinated and effective drug control under subparagraph (A)(i). tion on the geographic areas of such seizures. at all levels of government; ‘‘(4) SUBMISSION OF REVISED STRATEGY.— ‘‘(C) SECRETARY OF HOMELAND SECURITY.— ‘‘(vii) such statistical data and information The President may submit to Congress a re- The Secretary of Homeland Security shall, as the Director deems appropriate to dem- vised National Drug Control Strategy that by July 1 of each year, submit to the Direc- onstrate and assess trends relating to illicit meets the requirements of this section— tor and the authorizing Committees of Con- drug use, the effects and consequences there- ‘‘(A) at any time, upon a determination by gress for the Office information for the pre- of, supply reduction, demand reduction, the President, in consultation with the Di- ceding year regarding— drug-related law enforcement, and the imple- rector, that the National Drug Control

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.007 H30PT1 H8964 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Strategy in effect is not sufficiently effec- for drug trafficking and distribution offenses ‘‘(i) the impact of activities funded on re- tive; or in the area; ducing overall drug traffic in the United ‘‘(B) if a new President or Director takes ‘‘(D) the degree to which the area is a cen- States; office. ter for the activities of national drug traf- ‘‘(ii) performance measures of effective- ‘‘(b) PERFORMANCE MEASUREMENT SYS- ficking organizations; and ness; and TEM.—Not later than February 1 of each ‘‘(E) such other criteria as the Director ‘‘(iii) such other criteria as the Director year, the Director shall submit to Congress a considers appropriate. considers appropriate. ‘‘(i) USE OF FUNDS.— description of the national drug control per- ‘‘(e) SOUTHWEST BORDER.—The Director ‘‘(1) LIMITATION.—No funds appropriated formance measurement system, designed in may not designate any county contiguous to for the Program shall be expended for drug consultation with affected National Drug the international land border with Mexico as treatment programs. Control Program agencies, that includes per- part of any high intensity drug trafficking ‘‘(2) LIMITATION ON APPLICABILITY.—Para- formance measures for the National Drug area other than as part of a single Southwest graph (1) shall not apply with respect to the Control Strategy and activities of National Border high intensity drug trafficking area. Drug Control Program agencies related to Baltimore/Washington high intensity drug the National Drug Control Strategy.’’. ‘‘(f) REMOVAL FROM DESIGNATION.—The Di- trafficking area. rector may remove an area or portion of an ‘‘(j) TERRORISM ACTIVITIES.— SEC. 6. HIGH INTENSITY DRUG TRAFFICKING area from designation as a high intensity ‘‘(1) ASSISTANCE AUTHORIZED.—The Director AREAS PROGRAM. drug trafficking area under this section upon may authorize use of resources available for (a) IN GENERAL.—Section 707 (21 U.S.C. determination that the area or portion of an the Program to assist Federal, State, and 1706) is amended to read as follows: area no longer is a high intensity drug traf- local law enforcement agencies in investiga- ‘‘SEC. 707. HIGH INTENSITY DRUG TRAFFICKING ficking area, considering the factors in sub- tions and activities related to terrorism and AREAS PROGRAM. sections (d) and (e) in addition to such other prevention of terrorism, especially but not ‘‘(a) ESTABLISHMENT.—There is established criteria as the Director considers to be ap- exclusively where such investigations are re- in the Office a program to be known as the propriate. lated to drug trafficking. High Intensity Drug Trafficking Areas Pro- ‘‘(2) LIMITATION.—The Director shall en- gram (in this section referred to as the ‘Pro- ‘‘(g) AUTHORITY OF THE DIRECTOR.—After making such a designation and in order to sure— gram’). ‘‘(A) that assistance provided under para- provide Federal assistance to the area so des- ‘‘(b) PURPOSES.—The purposes of the Pro- graph (1) remains incidental to the purpose ignated, the Director may— gram are the following: of the Program to reduce drug availability ‘‘(1) obligate such sums as appropriated for ‘‘(1) To reduce drug availability and facili- and carry out drug-related law enforcement the Program, in accordance with subsection tate cooperative efforts between Federal, activities; and (h); State, and local law enforcement agencies in ‘‘(B) that significant resources of the Pro- ‘‘(2) direct the temporary reassignment of areas with significant drug trafficking prob- gram are not redirected to activities exclu- Federal personnel to such area, subject to lems that harmfully impact other parts of sively related to terrorism. the approval of the head of the department the Nation. ‘‘(k) BOARD REPRESENTATION.—None of the ‘‘(2) To provide assistance to agencies to or agency that employs such personnel; and funds appropriated under this section may be come together to assess regional threats, de- ‘‘(3) take any other action authorized expended for any high intensity drug traf- sign coordinated strategies to combat those under section 704 to provide increased Fed- ficking area, or for a partnership under the threats, share intelligence, and develop and eral assistance to those areas. Program, if the executive board or equiva- implement coordinated initiatives to imple- ‘‘(h) ALLOCATION OF FUNDING.—In obli- lent governing committee with respect to ment the strategies. gating sums appropriated for the Program, such area or partnership is not comprised of ‘‘(c) DESIGNATION.—The Director, upon con- the Director shall comply with the following: equal voting representation between rep- sultation with the Attorney General, the ‘‘(1) 30 PERCENT SET ASIDE.—The Director resentatives of Federal law enforcement Secretary of the Treasury, the Secretary of shall expend no less than 30 percent of the agencies and representatives of State and Homeland Security, heads of the National amounts appropriated under this section in local law enforcement agencies. Drug Control Program agencies, and the the seven high intensity drug trafficking ‘‘(l) ROLE OF DRUG ENFORCEMENT ADMINIS- Governor of each applicable State, may des- areas (excluding the Southwest Border high TRATION.—The Director, in consultation with ignate any specified area of the United intensity drug trafficking area) for which the Attorney General, shall ensure that a States as a high intensity drug trafficking the Director determines that Program ac- representative of the Drug Enforcement Ad- area. tivities with respect to such areas will have ministration is included in the Intelligence Support Center for each high intensity drug ‘‘(d) FACTORS FOR CONSIDERATION.— the greatest impact on reducing overall drug trafficking area. ‘‘(1) IN GENERAL.—In considering whether traffic in the United States. ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— to designate an area under this section as a ‘‘(2) 25 PERCENT SET ASIDE.—The Director There is authorized to be appropriated to the high intensity drug trafficking area, the Di- shall expend no less than 25 percent of the Office of National Drug Control Policy to rector shall consider, in addition to such amounts appropriated under this section in carry out this section— other criteria as the Director considers to be nine other high intensity drug trafficking ‘‘(1) $230,000,000 for fiscal year 2004; appropriate, the extent to which— areas (excluding the Southwest Border high ‘‘(2) $240,000,000 for each of fiscal years 2005 ‘‘(A) the area is a major center of illegal intensity drug trafficking area) for which and 2006; and drug production, manufacturing, importa- the Director determines that Program ac- ‘‘(3) $250,000,000 for each of fiscal years 2007 tion, or distribution for the United States as tivities with respect to such areas will have and 2008.’’. compared to other areas of the United the next greatest impact on reducing overall (b) REVIEW OF CURRENT AREAS.—Within States; drug traffic in the United States. one year after the date of enactment of this ‘‘(B) State and local law enforcement agen- ‘‘(3) SOUTHWEST BORDER AREA.— Act, the Director of National Drug Control cies have committed resources to respond to ‘‘(A) 20 PERCENT SET ASIDE.—The Director Policy shall— the drug trafficking problem in the area, shall expend no less than 20 percent of the (1) review each of the areas currently des- thereby indicating a determination to re- amounts appropriated under this section in ignated as a high intensity drug trafficking spond aggressively to the problem; the Southwest Border high intensity drug area to determine whether it continues to ‘‘(C) drug production, manufacturing, im- trafficking area. warrant designation as a high intensity drug portation, or distribution in the area is hav- ‘‘(B) REALLOCATION WITHIN AREA.—The ex- trafficking area, considering the factors in ing a significant harmful impact in other ecutive committee of the Southwest Border section 707(d) of the Office of National Drug areas of the United States; and high intensity drug trafficking area may re- Control Policy Reauthorization Act of 1998, ‘‘(D) a significant increase in allocation of allocate up to five percent of the total funds as amended by this section, in addition to Federal resources is necessary to respond allocated to that area among its compo- such other criteria as the Director considers adequately to drug-related activities in the nents, with the approval of the Director. to be appropriate; and area. ‘‘(4) REMAINING AREAS.—The Director shall (2) terminate such description for an area ‘‘(2) CONSIDERATIONS.—For purposes of expend no less than 10 percent of the or portion of an area determined to no longer paragraph (1)(A), in considering whether an amounts appropriated under this section in warrant designation. area is a major center of illegal drug produc- the remaining high intensity drug traf- SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY tion, manufacturing, importation, or dis- ficking areas. DRUG TRAFFICKING AREAS. tribution as compared to other areas of the ‘‘(5) DISCRETIONARY EXPENDITURES.— (a) SHORT TITLE.—This section may be United States, the Director shall consider— ‘‘(A) IN GENERAL.—In addition to the cited as the ‘‘Dawson Family Community ‘‘(A) the quantity of illicit drug traffic en- amounts allocated under paragraphs (1) Protection Act’’. tering or transiting the area originating in through (4) the Director may expend 15 per- (b) FINDINGS.—Congress finds the fol- foreign countries; cent of the amounts appropriated under this lowing: ‘‘(B) the quantity of illicit drugs produced section on a discretionary basis. (1) In the early morning hours of October in the area; ‘‘(B) CONSIDERATION OF IMPACT.—In allo- 16, 2002, the home of Carnell and Angela ‘‘(C) the number of Federal, State, and cating funds under this paragraph, the Direc- Dawson was firebombed in apparent retalia- local arrests, prosecutions, and convictions tor shall consider— tion for Mrs. Dawson’s notification of police

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about persistent drug distribution activity ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE ‘‘SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA in their East Baltimore City neighborhood. DIRECTOR OF NATIONAL DRUG CONTROL POL- CAMPAIGN. (2) The arson claimed the lives of Mr. and ICY.— ‘‘(a) IN GENERAL.—The Director shall con- Mrs. Dawson and their 5 young children, ‘‘(1) IN GENERAL.—The Director, acting duct a national media campaign in accord- aged 9 to 14. through the Chief Scientist shall— ance with this section for the purpose of re- (3) The horrific murder of the Dawson fam- ‘‘(A) identify and define the short-, me- ducing and preventing illicit drug use among ily is a stark example of domestic narco-ter- dium-, and long-term scientific and techno- young people in the United States, through rorism. logical needs of Federal, State, and local law mass media advertising. (4) In all phases of counter-narcotics law enforcement agencies relating to drug en- ‘‘(b) USE OF FUNDS.— enforcement—from prevention to investiga- forcement, including— ‘‘(1) IN GENERAL.—Amounts made available tion to prosecution to reentry—the vol- ‘‘(i) advanced surveillance, tracking, and to carry out this section for the media cam- untary cooperation of ordinary citizens is a radar imaging; paign may only be used for the following: critical component. ‘‘(ii) electronic support measures; ‘‘(A) The purchase of media time and (5) Voluntary cooperation is difficult for ‘‘(iii) communications; space. law enforcement officials to obtain when ‘‘(iv) data fusion, advanced computer sys- ‘‘(B) Creative and talent costs. citizens feel that cooperation carries the risk tems, and artificial intelligence; and ‘‘(C) Advertising production costs. of violent retaliation by illegal drug traf- ‘‘(v) chemical, biological, radiological (in- ‘‘(D) Testing and evaluation of advertising. ficking organizations and their affiliates. cluding neutron, electron, and graviton), and ‘‘(E) Evaluation of the effectiveness of the (6) Public confidence that law enforcement other means of detection; media campaign. is doing all it can to make communities safe ‘‘(B) identify demand reduction (including ‘‘(F) The negotiated fees for the winning is a prerequisite for voluntary cooperation drug prevention) basic and applied research bidder on requests for proposals issued either among people who may be subject to intimi- needs and initiatives, in consultation with by the Office or its designee for purposes oth- dation or reprisal (or both). affected National Drug Control Program erwise authorized in this section. (7) Witness protection programs are insuf- agencies, including— ‘‘(G) Partnerships with community, civic, ficient on their own to provide security be- ‘‘(i) improving treatment through and professional groups and government or- cause many individuals and families who neuroscientific advances; ganizations related to the media campaign. strive every day to make distressed neigh- ‘‘(ii) improving the transfer of biomedical ‘‘(H) Entertainment industry outreach, borhoods livable for their children, other rel- research to the clinical setting; and interactive outreach, media projects and ac- atives, and neighbors will resist or refuse of- ‘‘(iii) in consultation with the National In- tivities, public information, news media out- fers of relocation by local, State, and Fed- stitute on Drug Abuse and the Substance reach, and corporate sponsorship and partici- eral prosecutorial agencies and because, Abuse and Mental Health Services Adminis- pation. moreover, the continued presence of strong tration, and through interagency agreements ‘‘(I) Operational and management ex- individuals and families is critical to pre- or grants, examining addiction and rehabili- penses. serving and strengthening the social fabric tation research and the application of tech- ‘‘(2) SPECIFIC REQUIREMENTS.— in such communities. nology to expanding the effectiveness or ‘‘(A) CREATIVE SERVICES.— (8) Where (as in certain sections of Balti- availability of drug treatment; ‘‘(i) In using amounts for creative and tal- more City) interstate trafficking of illegal ‘‘(C) make a priority ranking of such needs ent costs under paragraph (1)(B), the Direc- drugs has severe ancillary local con- identified in subparagraphs (A) and (B) ac- tor shall use creative services donated at no sequences within areas designated as high in- cording to fiscal and technological feasi- cost to the Government wherever feasible tensity drug trafficking areas, it is impor- bility, as part of a National Counter-Drug and may only procure creative services for tant that supplementary High Intensity Enforcement Research and Development advertising— Drug Trafficking Areas Program funds be Program; ‘‘(I) responding to high-priority or emer- committed to support initiatives aimed at ‘‘(D) oversee and coordinate counter-drug gent campaign needs that cannot timely be making the affected communities safe for technology initiatives with related activities obtained at no cost; or the residents of those communities and en- of other Federal civilian and military de- ‘‘(II) intended to reach a minority, ethnic, couraging their cooperation with local, partments; or other special audience that cannot reason- State, and Federal law enforcement efforts ‘‘(E) oversee and coordinate a technology ably be obtained at no cost. to combat illegal drug trafficking. transfer program for the transfer of tech- ‘‘(ii) No more than $1,000,000 may be ex- (c) FUNDING FOR CERTAIN HIGH INTENSITY nology to State and local law enforcement pended under this section each fiscal year on DRUG TRAFFICKING AREAS.—Section 707 (21 agencies; and creative services, except that the Director U.S.C. 1706) is further amended in subsection ‘‘(F) pursuant to the authority of the Di- may expend up to $2,000,000 in a fiscal year (h) by adding at the end the following new rector of National Drug Control Policy under on creative services to meet urgent needs of paragraph: section 704, submit requests to Congress for the media campaign with advance approval ‘‘(6) SPECIFIC PURPOSES.— the reprogramming or transfer of funds ap- from the Committee on Appropriations of ‘‘(A) IN GENERAL.—The Director shall en- propriated for counter-drug technology re- the House of Representatives and of the Sen- sure that, of the amounts appropriated for a search and development. ate upon a showing of the circumstances fiscal year for the Program, at least ‘‘(2) PRIORITIES IN TRANSFERRING TECH- causing such urgent needs of the media cam- $1,000,000 is used in high intensity drug traf- NOLOGY.—In transferring technology under paign. ficking areas with severe neighborhood safe- the authority of paragraph (1)(E), the Chief ‘‘(B) TESTING AND EVALUATION OF ADVER- ty and illegal drug distribution problems. Scientist shall give priority, in transferring TISING.—In using amounts for testing and ‘‘(B) REQUIRED USES.—The funds used under technologies most likely to assist in drug evaluation of advertising under paragraph subparagraph (A) shall be used— interdiction and border enforcement, to (1)(D), the Director shall test all advertise- ‘‘(i) to ensure the safety of neighborhoods State, local, and tribal law enforcement ments prior to use in the media campaign to and the protection of communities, includ- agencies in southwest border areas and ensure that the advertisements are effective ing the prevention of the intimidation of po- northern border areas with significant traffic and meet industry-accepted standards. The tential witnesses of illegal drug distribution in illicit drugs. Director may waive this requirement for ad- and related activities; and ‘‘(3) LIMITATION ON AUTHORITY.—The au- vertisements using no more than 10 percent ‘‘(ii) to combat illegal drug trafficking thority granted to the Director under this of the purchase of advertising time pur- through such methods as the Director con- subsection shall not extend to the award of chased under this section in an fiscal year siders appropriate, such as establishing or contracts, management of individual and no more than 10 percent of the adver- operating (or both) a toll-free telephone hot- projects, or other operational activities.’’. tising space purchased under this section in line for use by the public to provide informa- (c) ASSISTANCE FROM SECRETARY OF HOME- a fiscal year, if the advertisements respond tion about illegal drug-related activities.’’. LAND SECURITY.—Section 708(d) (21 U.S.C. to emergent and time-sensitive campaign 1707(d)) is amended by inserting ‘‘, the Sec- needs or the advertisements will not be wide- SEC. 8. AMENDMENTS RELATING TO COUNTER- retary of Homeland Security,’’ after ‘‘The ly utilized in the media campaign. DRUG TECHNOLOGY ASSESSMENT Secretary of Defense’’. CENTER. ‘‘(C) EVALUATION OF EFFECTIVENESS OF SEC. 9. REPEALS. MEDIA CAMPAIGN.—In using amounts for the (a) CHIEF SCIENTIST.—Section 708(b) (21 The following provisions are repealed: evaluation of the effectiveness of the media U.S.C. 1707(b)) is amended— (1) Sections 709 and 711 (21 U.S.C. 1708 and campaign under paragraph (1)(E), the Direc- (1) in the heading by striking ‘‘DIRECTOR OF 1710). tor shall— TECHNOLOGY.—’’ and inserting ‘‘CHIEF SCI- (2) Section 6073 of the Asset Forfeiture ‘‘(i) designate an independent entity to ENTIST.—’’; and Amendments Act of 1988 (21 U.S.C. 1509). evaluate annually the effectiveness of the (2) by striking ‘‘Director of Technology,’’ SEC. 10. NATIONAL YOUTH ANTIDRUG MEDIA national media campaign based on data and inserting ‘‘Chief Scientist,’’. CAMPAIGN. from— (b) ADDITIONAL RESPONSIBILITIES OF DIREC- (a) IN GENERAL.—The Act is further amend- ‘‘(I) the ‘Monitoring the Future Study’ TOR.—Section 708(c) (21 U.S.C. 1707(c)) is ed by inserting after section 708 the fol- published by the Department of Health and amended to read as follows: lowing: Human Services;

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‘‘(II) the Attitude Tracking Study pub- ‘‘(3) NO-COST MATCH ADVERTISING NOT DI- ‘‘(H) Teens who use marijuana are up to lished by the Partnership for a Drug Free RECTLY RELATED.—The Director shall ensure four times more likely to have a teen preg- America; that no-cost match advertising that does not nancy than teens who have not. ‘‘(III) the National Household Survey on directly relate to substance abuse prevention ‘‘(I) Federal law enforcement agencies have Drug Abuse; and includes a clear antidrug message. Such mes- identified clear links suggesting that trade ‘‘(IV) other relevant studies or publica- sage is not required to be the primary mes- in hydroponic marijuana facilitates trade by tions, as determined by the Director, includ- sage of the match advertising. criminal organizations in hard drugs, includ- ing tracking and evaluation data collected ‘‘(f) FINANCIAL AND PERFORMANCE ACCOUNT- ing heroin. according to marketing and advertising in- ABILITY.—The Director shall cause to be per- ‘‘(J) Federal law enforcement agencies dustry standards; and formed— have identified possible links between trade ‘‘(ii) ensure that the effectiveness of the ‘‘(1) audits and reviews of costs of the in marijuana and financing for terrorist or- media campaign is evaluated in a manner media campaign pursuant to section 304C of ganizations. that enables consideration of whether the the Federal Property and Administrative ‘‘(2) EMPHASIS ON PREVENTION OF YOUTH media campaign has contributed to reduc- Services Act of 1949 (41 U.S.C. 254d); and MARIJUANA USE.—In conducting advertising tion of illicit drug use among youth and such ‘‘(2) an audit of the cost of the media cam- and activities otherwise authorized under other measures of evaluation as the Director paign described in section 306 of such Act (41 this section, the Director may emphasize determines are appropriate. U.S.C. 256). prevention of youth marijuana use. ‘‘(3) PURCHASE OF ADVERTISING TIME AND ‘‘(g) STRATEGIC GUIDANCE AND DONATIONS.— ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— SPACE.—For each fiscal year, not less than 77 The Partnership for a Drug Free America There is authorized to be appropriated to the percent of the amounts appropriated under shall serve as the primary outside strategic Office to carry out this section, $195,000,000 this section shall be used for the purchase of advisor to the media campaign and be re- for each of fiscal years 2004 and 2005 and advertising time and space for the media sponsible for coordinating donations of cre- $210,000,000 for each of fiscal years 2006 campaign, subject to the following excep- ative and other services to the campaign, ex- through 2008.’’. tions: cept with respect to advertising created (b) REPEAL OF SUPERSEDED PROVISIONS.— ‘‘(A) In any fiscal year for which less than using funds permitted in subsection (b). The The Drug-Free Media Campaign Act of 1998 $125,000,000 is appropriated for the media Director shall inform the Partnership for a (21 U.S.C. 1801 et seq.) is repealed. campaign, not less than 82 percent of the Drug Free America of the strategic goals of SEC. 11. AUTHORIZATION OF APPROPRIATIONS. amounts appropriated under this section the campaign and consider advice from the Section 714 (21 U.S.C. 1711) is amended— shall be used for the purchase of advertising Partnership for a Drug Free America on (1) by striking ‘‘title,’’ and inserting ‘‘title, time and space for the media campaign. media campaign strategy. except activities for which amounts are oth- ‘‘(B) In any fiscal year for which more than ‘‘(h) REPORT TO CONGRESS.—The Director erwise specifically authorized by this title,’’; $195,000,000 is appropriated under this sec- shall submit on an annual basis a report to and tion, not less than 72 percent shall be used Congress that describes— (2) by striking ‘‘1999 through 2003’’ and in- for advertising production costs and the pur- ‘‘(1) the strategy of the media campaign serting ‘‘2004 through 2008’’. chase of advertising time and space for the and whether specific objectives of the media SEC. 12. EXTENSION OF TERMINATION DATE. media campaign. campaign were accomplished; Section 715(a) is amended by striking ‘‘Sep- ‘‘(c) ADVERTISING.—In carrying out this ‘‘(2) steps taken to ensure that the media tember 30, 2003, this title and the amend- section, the Director shall devote sufficient ments made by this title are repealed’’ and funds to the advertising portion of the na- campaign operates in an effective and effi- inserting ‘‘September 30, 2008, this title is re- tional media campaign to meet the goals of cient manner consistent with the overall pealed’’. the campaign. strategy and focus of the media campaign; ‘‘(d) PROHIBITIONS.—None of the amounts ‘‘(3) plans to purchase advertising time and The SPEAKER pro tempore. Pursu- made available under subsection (b) may be space; ant to the rule, the gentleman from In- ‘‘(4) policies and practices implemented to obligated or expended for any of the fol- diana (Mr. SOUDER) and the gentleman lowing: ensure that Federal funds are used respon- sibly to purchase advertising time and space from Maryland (Mr. CUMMINGS) each ‘‘(1) To supplant current antidrug commu- will control 20 minutes. nity-based coalitions. and eliminate the potential for waste, fraud, ‘‘(2) To supplant pro bono public service and abuse; and The Chair recognizes the gentleman time donated by national and local broad- ‘‘(5) all contracts entered into with a cor- from Indiana (Mr. SOUDER). casting networks for other public service poration, partnership, or individual working GENERAL LEAVE campaigns. on behalf of the media campaign. Mr. SOUDER. Mr. Speaker, I ask ‘‘(3) For partisan political purposes, or ex- ‘‘(i) LOCAL TARGET REQUIREMENT.—The Di- unanimous consent that all Members press advocacy in support of or to defeat any rector shall, to the maximum extent fea- may have 5 legislative days to revise sible, use amounts made available under this clearly identified candidate, clearly identi- and extend their remarks on the bill fied ballot initiative, or clearly identified section for media that focuses on, or includes legislative or regulatory proposal. specific information on, prevention or treat- under consideration. ‘‘(4) To fund advertising that features any ment resources for consumers within specific The SPEAKER pro tempore. Is there elected officials, persons seeking elected of- local areas. objection to the request of the gen- fice, cabinet level officials, or other Federal ‘‘(j) PREVENTION OF MARIJUANA USE.— tleman from Indiana? officials employed pursuant to section 213 of ‘‘(1) FINDINGS.—The Congress finds the fol- There was no objection. Schedule C of title 5, Code of Federal Regula- lowing: Mr. SOUDER. Mr. Speaker, I yield tions. ‘‘(A) 60 percent of adolescent admissions myself such time as I may consume. ‘‘(5) To fund advertising that does not con- for drug treatment are based on marijuana Mr. Speaker, the abuse of illegal nar- tain a primary message intended to reduce use. cotics and its silent, everyday impact ‘‘(B) Potency levels of contemporary mari- or prevent illicit drug use. on the health and safety of families ‘‘(6) To fund advertising containing a pri- juana, particularly hydroponically grown mary message intended to promote support marijuana, are significantly higher than in and the stability of every community for the media campaign or private sector the past, rising from under 1 percent of THC across the country continues to be one contributions to the media campaign. in the mid-1970s to as high as 30 percent of the most pressing issues facing the ‘‘(e) MATCHING REQUIREMENT.— today. United States. This bill, introduced by ‘‘(1) IN GENERAL.—Amounts made available ‘‘(C) Contemporary research has dem- myself and the gentleman from Vir- under subsection (b) shall be matched by an onstrated that youths smoking marijuana ginia (Mr. TOM DAVIS), the distin- equal amount of non-Federal funds for the early in life may be up to five times more guished chairman of the full com- media campaign, or be matched with in-kind likely to use hard drugs. contributions of the same value. ‘‘(D) Contemporary research has dem- mittee, is a forceful and bipartisan re- ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RE- onstrated clear detrimental effects in adoles- commitment to our diverse national ef- LATIONSHIP REQUIREMENT.—The Director cent educational achievement resulting from forts to control drug abuse and to shall ensure that at least 70 percent of no- marijuana use. renew our support for a strong Office of cost match advertising provided directly re- ‘‘(E) Contemporary research has dem- National Drug Control Policy, to plan lates to substance abuse prevention con- onstrated clear detrimental effects in adoles- and coordinate the President’s strategy sistent with the specific purposes of the cent brain development resulting from mari- to measurably reduce drug use by media campaign, except that in any fiscal juana use. American youth and to control drug year in which less than $125,000,000 is appro- ‘‘(F) An estimated 9,000,000 Americans a priated to the media campaign, the Director year drive while under the influence of ille- abuse and its consequences. shall ensure that at least 85 percent of no- gal drugs, including marijuana. Mr. Speaker, most people driving on cost match advertising directly relates to ‘‘(G) Marijuana smoke contains 50 to 70 two-lane highways throughout the substance abuse prevention consistent with percent more of certain cancer causing farmland of northeast Indiana would the specific purposes of the media campaign. chemicals than tobacco smoke. probably find it hard to believe that

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.007 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8967 the plague of illegal narcotics hits The legislation reauthorizes ONDCP paign should not be used for political home even there, but drug use and and its programs for 5 years. It makes purposes. abuse is not unique to the big cities on some significant revisions to current The bill also contains many sugges- the coasts. In 1996, Indiana law enforce- law that will enhance the effectiveness tions from Members on both sides of ment knew of only a single meth- and accountability of the National the aisle including the work of the gen- amphetamine lab in the entire State. Drug Control strategy and its pro- tleman from Ohio (Mr. PORTMAN) on Only 5 years later, there were 499. That grams, streamline and simplify the the media campaign and changes to the number dropped to 375 in 2002, but it is process for its development, and pro- current law requested by Director Wal- still an indication of the kinds of chal- vide increased flexibility to the ONDCP ters in the administration. lenges places like Indiana face when it Director to respond to changing cir- It incorporates suggestions and ideas comes to illegal drugs. cumstances. from key outside groups including the Meth is not the only problem in Indi- For example, we have replaced an in- Community Anti-Drug Coalitions of ana. Fort Wayne is not a huge city, flexible legal requirement for a bloated America, drug treatment providers, the about 225,000, but there have been some 5-year strategy, guided by pages of out- Partnership for Drug Free America, huge cocaine busts there this year. dated statutory mandates, with a flexi- and members of the Federal, State, This summer alone, two separate ble and responsive annual strategy local and tribal law enforcement par- stings in Fort Wayne yielded 50 pounds that still follows the same basic prin- ticipating in the HIDTA and CTAC pro- of cocaine with a street value of $2.3 ciples to ensure a comprehensive and grams, most notably the Drug Enforce- million. We thought cocaine was nearly responsible drug strategy. We have also ment Administration. gone. We were wrong. worked in many areas to improve per- While no one is necessarily com- Mr. Speaker, almost half of the 12th formance measurement for the annual pletely happy with this bill, the final result was a bill that achieved nearly graders in Indiana say they have used strategy, Federal drug control pro- unanimous bipartisan support in the marijuana in the last year. Almost 9 grams, ONDCP programs, and even committee. This is a strong bipartisan percent say they have used powdered some private sector efforts to ensure cocaine; 15 percent have used bill to send to the other body. that these programs will be effective Mr. Speaker, I reserve the balance of methamphetamines, but that is not the and accountable. For example, we are worst of it. Almost four in 100 sixth my time. now requiring that the director con- Mr. CUMMINGS. Mr. Speaker, I yield graders in Indiana say they have used duct a specific evaluation of the per- myself such time as I may consume. marijuana in the last year. One in 200 formance of each Federal agency in Mr. Speaker, I rise in support of H.R. have used powdered cocaine. These are carrying out its responsibilities under 2086, the Office of National Drug Con- 11- and 12-year-olds. the strategy each year and have man- trol Policy Reauthorization of 2003. Consequently, one might ask, is dated, for the first time ever, that a Mr. Speaker, there is no greater there any point in fighting this battle uniform system be developed to evalu- problem in America than drug abuse. at all? I am frequently asked whether ate the effectiveness of the drug treat- Illegal drugs contribute to an esti- we believe we can ever completely ment programs in the United States. mated 50,000 deaths in the United eliminate illegal drug use. The simple b 1415 States each year. Nineteen thousand of answer to that question is no. We can- these deaths are a direct result of ille- not eliminate sin. But that does not The bill also provides for direct eval- gal drug use. mean we cannot and should not try, uation of the effectiveness of the media According to the National Household any more than we would give up on campaign in its individual ads. Survey on Drug Abuse, 16 million spouse abuse or child abuse. It does Another key theme of the bill is our Americans used an illegal drug on at mean that we can make a difference in efforts to ensure that ONDC programs, least a monthly basis in 2001, including some cases. most notably the HIDTA program and 6.1 million who needed treatment. In The current administration has made the media campaign, remain directed Baltimore City alone there are some a real effort to fight the scourge of ille- to their original intent and purpose in 50,000 people addicted to drugs. gal drugs, and that effort has shown re- areas where our oversight activities Most crime in the United States has sults. Usage statistics that peaked in have clearly demonstrated some lack an illegal drug nexus; and most of the the late 1990s are now making a slow of focus. prisoners sitting in the United States’ but steady decline, both nationwide Finally, the bill is intended to ensure prisons, jails, and detention facilities and in my home State of Indiana. The that the Federal Government main- are there because of illegal drug activ- numbers I cited above are too high, but tains appropriate attention and re- ity. they are improvements over statistics sources directed to drug control, which These facts paint an ugly picture of just a few short years ago. has recently too often been subjugated the impact of drugs on American soci- What does that mean? That means to other purposes and policies. ety; but they do not begin to describe there is a long fight ahead, but things This bill is a true bipartisan effort the tragic harm done to individuals, are far from helpless. We can make a passed by unanimous vote in sub- families, and communities by drugs difference in people’s lives, and that is committee and authorizing sub- and drug-related crimes. In neighbor- why this bill is so important. This bill committee, and by voice vote in the hoods in Baltimore and Howard coun- does not and cannot address each of the full committee, and represents the out- ties, I cannot escape seeing every day many specific national programs in- come of ongoing consultation and dis- the devastating, destructive impact volved in our coordinated strategies to cussions with the minority. that drugs and drug-related crime, in- reduce demand for illegal drugs, the The bill contains a complete text of cluding violent crime, exact on com- prevention and treatment, reduce the the Dawson Family Community Pro- munities. So it is with great serious- supply of narcotics through source- tection Act that was introduced by the ness that I approach this legislation re- country programs, and interdiction and distinguished ranking member of the authorizing the Office of National Drug to disrupt and dismantle drug traf- subcommittee, the gentleman from Control Policy and related drug control ficking organizations and control the Maryland (Mr. CUMMINGS), to address programs. consequences of drug-related crime witness and community protection ini- The Office of National Drug Policy through coordinated law enforcement. tiatives in the wake of the tragic death plays a central role in shaping and co- The details of these programs continue of the Dawson family in Baltimore at ordinating our Nation’s policy and pro- to be dealt with by each of the separate the hands of violent drug dealers. grams relating to illegal drugs. Estab- authorizing committees of jurisdiction. The bill reported from the committee lished in 1988 and last reauthorized in It does, however, provide a cornerstone also contains a number of items re- 1997, ONDCP has the lead responsibility and ensure that these programs will be quested by the gentleman from Cali- in the executive branch for estab- coordinated and effective through the fornia (Mr. WAXMAN), the distinguished lishing policies, priorities, and objec- broad guidance and coordination of the ranking member of the full committee, tives relating to the demand for, and Office of National Drug Control Policy many of which reflect a clear bipar- the supply of, illegal drugs in the on behalf of the President. tisan agreement that the media cam- United States.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.011 H30PT1 H8968 CONGRESSIONAL RECORD — HOUSE September 30, 2003 The director of National Drug Con- I would point out that the Wash- Amendments that I offered and were trol Policy, or the drug czar, will have ington-Baltimore HIDTA’s innovative adopted with the gentleman from Indi- strong influence over the shape, direc- use of treatment as a crime control ana’s (Chairman SOUDER) support in tion, and implementation of Federal tool in direct support of law enforce- subcommittee were slightly modified drug policy by certifying the drug con- ment initiatives has resulted in sub- in full committee but remain mostly trol budgets of Federal departments stantially reduced recidivism and re- intact. This bill says the director must and agencies that contribute to the na- arrest rates for offenders who have par- ensure through his budget certification tional drug control strategy. ticipated in HIDTA-funded treatment authority that the administration’s In addition to its policy and coordi- programs. In other words, our HIDTA proposed funding of drug treatment nation functions, the ONDCP directly law enforcement efforts are more effec- programs will be adequate to enhance administers the High Intensity Drug tive because they are linked with Federal treatment programs and capac- Trafficking Areas program, the Na- HIDTA-funded treatment initiatives ity. Most of our States are suffering tional Youth Anti-Drug Media Cam- that are specifically designed to sup- through fiscal crises, and cutbacks in paign, the Counterdrug Technology As- port them. Other HIDTAs should have State funding for drug treatment are sessment Center, and the Drug Free the ability to invest in this approach widespread. Maintaining and expanding Communities program. Each of these which shows that law enforcement and access to treatment on demand despite programs plays an important role in treatment work best when they are this economic trend is indeed vital. implementing the national drug con- pursued in a closely coordinated fash- With that, Mr. Speaker, I would like trol strategy’s goal of preventing drug ion. to thank the gentleman from Virginia use before it starts, healing America’s Our negotiations with the majority (Mr. TOM DAVIS), the gentleman from drug users, and disrupting the market also resulted in the elimination of a Indiana (Chairman SOUDER), and the for illegal drugs. provision that would have opened the gentleman from California (Mr. WAX- H.R. 2086 would reauthorize for 5 door to partisan political use of a na- MAN) for their cooperation of collabo- years not only the Office of National tional anti-drug media campaign with rative approach in working with us to Drug Control Policy, but also the respect to anti-legalization efforts by resolve the matters of sharpest dis- HIDTA program, the CTAC, and the the ONDCP director. As a result of our agreement between the majority and media campaign. And I believe that the negotiations, the current bill would, the minority. I would also like to com- office and these programs should be re- one, maintain the existing prohibition mend the gentleman from California authorized. on partisan political use of the media (Mr. WAXMAN), ranking member, again This bill is not perfect, and I would campaign; two, bar the use of media for his leadership in representing the agree with Mr. SOUDER that no one is campaign funds to support advocacy interests of the minority in this legis- completely happy with it. It is not the against or in favor of any candidate, lation and concerning a multitude of bill that I would have written. I know ballot initiative, or legislative or regu- other issues that have come before the that some of my Democratic colleagues latory proposal, even if the candidate Committee on Government Reform and have strong concerns in certain areas, or measure is not partisan in nature; this great House. and I share some of those concerns. But and finally absolutely prohibit the ap- I urge my colleagues to support this we have worked in the Committee on pearance of highly visible Federal offi- bill. Government Reform to make this bill cials in media campaign advertising. Mr. Speaker, I reserve the balance of better than it was. And through bipar- Together, these provisions reflect a my time. tisan negotiations with the gentleman bipartisan agreement that the media Mr. SOUDER. Mr. Speaker, I yield 4 from Virginia (Mr. TOM DAVIS), chair- campaign should place its focus on the minutes to the distinguished gen- man of the drug control policy sub- goal of preventing youth drug use and tleman from Florida (Mr. MICA), the committee, and the gentleman from In- that it should stay out of the business former chairman of the subcommittee. diana (Mr. SOUDER), the gentleman of influencing elections and legislative Mr. MICA. Mr. Speaker, I thank the from California (Mr. WAXMAN) and I or regulatory proposals involving med- gentleman for yielding me this time. were able to make significant improve- ical marijuana or any other extraneous Mr. Speaker, I am pleased to rise in ments in key areas. issue. support this afternoon of one of the In particular, my colleagues who The current bill also does not contain most important reauthorization pieces serve on the Committee on the Judici- a provision that sought to punish State of legislation that will be addressed by ary have raised legitimate concerns and local law enforcement in high-in- this Congress, and that is the reauthor- about language in the bill prohibiting tensity drug trafficking areas in which ization of the Office of National Drug the use of High Intensity Drug Traf- States have adopted medical marijuana Control Policy. ficking Area program funds for treat- laws. The bill before us does include Unfortunately, this is an issue that ment and prevention. The gentleman H.R. 1599, the Dawson Family Commu- sometimes gets shoved below the radar from California (Mr. WAXMAN) and I nity Protection Act, legislation I intro- screen in Congress and in our society, have tried over the past several weeks duced in response to one of the most but I can tell the Members that there to address this concern with Chairman tragic drug-related crimes in memory. are very few social issues facing this DAVIS and Chairman SOUDER. The bill commemorates the lives of a Nation like the problem of illegal nar- The majority and ONDCP were not courageous mother and a devoted fa- cotics. In the latest report I have, the receptive to ideas we proposed that ther and five precious children who deaths that were drug related in this would have allowed additional HIDTAs were senselessly murdered when their country in the year 2000, this is 3 years to establish new treatment initiatives. home was set ablaze in the middle of old, were 19,698. That is almost 54 We were able to achieve, however, an the night on October 16 of last year, ap- human beings, 54 citizens in our coun- agreement to return to lift the restric- parently in retaliation for Angela try that die from drug-related deaths tion on HIDTA funds used for preven- Dawson’s repeated complaints to police each day in the United States, an in- tion, and we will continue to work about drug distribution in her East credible number. And that is not to through conference to restore the abil- Baltimore neighborhood. mention those who lose their lives such ity of HIDTAs that already have lim- This legislation would direct the as the tragic death of those who were ited treatment programs to continue drug czar to fund HIDTA initiatives murdered in a drug-related crime in their treatment initiatives. aimed at increasing neighborhood safe- Baltimore, the Dawson family. Drug I hope that eventually we will see fit ty and facilitating witness cooperation deaths now exceed homicides in the to allow additional HIDTAs the oppor- in communities ravaged by rampant United States, and I would venture to tunity to implement new treatment drug trafficking activity and related say that nearly half of the homicides in initiatives as part of a strategy to re- violence. the United States are drug related. duce the public safety threat posed by I thank the gentleman from Indiana One of the issues that has been raised offenders who use drugs and commit (Chairman SOUDER) again for his co- if this reauthorization is putting more drug related crimes, including violent sponsorship of H.R. 1599 and for includ- money in treatment, and when I was crimes. ing it in this reauthorization package. chairman I supported a good balanced

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.013 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8969 approach, and I think the gentleman Out of respect for the bipartisan ef- needs: Teen drug use is on the decline, from Indiana (Mr. SOUDER) and the gen- forts that have taken place to try and and that is just one of many positive tleman from Maryland (Mr. CUMMINGS) reach agreement, I am very pleased advancements which have been made have tried to do that, and certainly the that this legislation is on the floor. I by ONDCP in the last couple of years. administration has. We have to under- am in agreement with those who sug- The many positive signs and trends stand that in the previous fiscal year gest that not enough emphasis, though, that Director Walters reported in this 2002, the Federal Government spent is placed upon treatment. While all of year’s National Drug Control Strategy nearly half, 45 percent, of all of its drug the components of trying to wrestle clearly demonstrate the difference the control policy budget on treatment and with the drug problem are necessary office can make when strong and effec- prevention. And it is not always how and essential and while they must be tive leadership is merged with sound much we spend. It is very important balanced, I, for one, believe that we policy. how we spend that money, that it is need to place more emphasis and put Drug use and abuse is a national cri- spent effectively. more resources into treatment for sis that affects the health of our citi- zens and, in turn, our country. To win b 1430 those individuals who are, in fact, ad- dicted. As a matter of fact, I am a pro- the war on drugs, we need to address If we have learned nothing else in our ponent of what I call treatment on de- the problem of drugs in our society experience over the years on this major mand. That is, whenever a person who from every angle. This legislation gives social problem facing us, it is that a is addicted presents himself or herself ONDCP the appropriate resources to balance of education and prevention, of seeking treatment, they ought to be stop drug use before it starts, to heal treatment, of interdiction, of enforce- drug users, and disrupt drug markets. ment, and all of these elements put to- able to receive it. I am also concerned that in this We all know that drugs affect people gether in a balanced approach will country, while it is not necessarily a from all walks of life. Rich, poor, what- make a difference. That is why this is part of this legislation or covered in ever race, addiction does not discrimi- a good, balanced approach. nate. A strong national drug policy is We have seen what has happened this bill, that there are individuals who are denied the opportunity to receive a in the interests of every American. when we have good enforcement and Mr. Speaker, the bill we bring to the Pell grant to go to college because they when we do not have good enforcement. floor today is bipartisan in the best have been convicted of a drug offense. The gentleman from Maryland (Mr. sense of the word. It is the product of While that may seem rational and log- CUMMINGS) has experienced that him- careful negotiation and strong bipar- self in Baltimore, one of our Nation’s ical and wholesome and healthy and tisan agreement. In crafting this im- great cities, where the death toll was good because there are never enough portant piece of legislation, we aimed way over the 300 mark and they had lax resources to go around for everybody in to provide the best possible support for enforcement. Mayor O’Malley went in, our country to receive what they need, the administration and Director Wal- with the guidance of the gentleman I think there are some situations ters in implementing the President’s from Maryland (Mr. CUMMINGS), and where, rather than aiding the situation strategy. We sought to make ONDCP with attention from the Federal Gov- and helping it to change, that we actu- more efficient by reducing outdated re- ernment and others, we have reduced ally retard the growth and develop- porting and structural requirements the tragedy of deaths in that city. ment of individuals. Or the fact that that are in the current law. We also We saw in New York City under the there are individuals who, when con- gave significant attention to reforms of Giuliani plan deaths and homicides ex- victed of drug offenses, can be denied the Media Campaign and the HIDTA ceeded 2,000 in New York City. With a food stamps. While, again, that does program to ensure that they are effec- tough enforcement plan, that was re- not diminish in any way the work that tive and true to their original aims. duced to between 600 and 700; and we this subcommittee has done or the Both of these programs have grown in still see the results of that tough en- work that the full committee has done, ways that were not originally intended, forcement. So we cannot make the mis- those are realities of our society and and the bill reflects the desire to en- take of imbalancing our approach, and realities of our times and issues that I sure that the programs remain ac- that is why this is a good approach. think must be addressed. countable and dedicated to their core Mr. Speaker, I want to salute the Notwithstanding that, I commend purposes. chairman and ranking member. The the gentleman from Virginia (Chair- Again, I want to thank the gen- President of the United States has man DAVIS), the gentleman from Cali- tleman from Indiana (Chairman taken a personal interest in the leader- fornia (Ranking Member WAXMAN) and, SOUDER) and the subcommittee rank- ship of John Walters, the head of the again, the gentleman from Indiana (Mr. ing member, the gentleman from Mary- Office of Drug Control Policy. They SOUDER) and the gentleman from Mary- land (Mr. CUMMINGS), and my full com- have a plan. It is working, it is effec- land (Mr. CUMMINGS) for the work that mittee counterpart, the gentleman tive, and it is a balanced approach and they have done. from California (Ranking Member the right approach. Mr. SOUDER. Mr. Speaker, I yield 5 WAXMAN) for their leadership, dedica- So, Mr. Speaker, I urge my col- minutes to the distinguished gen- tion, and hard work on this authoriza- leagues to pass this important reau- tleman from Virginia (Mr. TOM DAVIS), tion legislation. I am happy that we thorization. the chairman of the full committee. could reach a bipartisan agreement on Mr. CUMMINGS. Mr. Speaker, I yield Mr. TOM DAVIS of Virginia. Mr. this bill. It is too important to play 3 minutes to the distinguished gen- Speaker, first of all, let me thank the politics with, and there is no place for tleman from Illinois (Mr. DAVIS), a gentleman from Indiana (Chairman partisanship in protecting our children member of the subcommittee. SOUDER) for his leadership on this against drugs. This bipartisanship was Mr. DAVIS of Illinois. Mr. Speaker, I issue, as he has made a career of this reflected in the unanimous vote to pass want to commend the gentleman from since he came to Congress, and to his the bill out of our committee. Indiana (Chairman SOUDER) and the ranking member, (Mr. CUMMINGS) of Mr. Speaker, I am confident that we gentleman from Maryland (Ranking Maryland. I appreciate them working have put together a cohesive, effective Member CUMMINGS) for the tremendous together. To my ranking member on piece of legislation to maintain and amount of work that has gone into the the full committee, the gentleman provide ONDCP with the necessary development of this legislation. In ad- from California (Mr. WAXMAN), we ap- tools to reduce illicit drug use, manu- dition to that, I want to commend preciate his input here to reach this facturing, and trafficking, and drug-re- them for the overall work that has compromise we have here today. lated crime and violence, and drug-re- been done on this issue. We have at- Since its inception in 1988, the Office lated health consequences. tended hearings in many places of National Drug Control Policy has Mr. CUMMINGS. Mr. Speaker, I yield throughout the country, well attended, been the cornerstone of drug policy in 5 minutes to the distinguished gentle- as an indication of the tremendous America, improving the lives of all woman from California (Ms. WATERS), a amount of interest that people have in Americans by reducing the presence of Member who has worked a long time on one of the most pernicious issues fac- drugs in our society. This office has the drug issue and the problems of ing our society. been producing the results our Nation drugs in this country and abroad.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.015 H30PT1 H8970 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Ms. WATERS. Mr. Speaker, I would Supreme Court Justice Anthony Ken- street, we could actually have local like to thank the gentleman from nedy observed in a major speech this and State law enforcement move up Maryland (Mr. CUMMINGS) for yielding summer to the annual meeting of the through the system to find the net- me this time. I know how hard he and American Bar Association on manda- works, to try to get the major drug others have worked on the bill, and I tory minimum sentencing, he said, dealers. That has not stopped all the certainly know what they are attempt- ‘‘Our resources are misspent.’’ This is a street-level arrests, but it has made ing to do. I just feel as if I would be Supreme Court Justice. ‘‘Our punish- differences in Los Angeles and in Indi- derelict in my duty if I did not speak ments too severe, our sentences too ana, where we now see us able to go up to some of the issues that I have spent long. The Federal sentencing guide- the chain and try to get the big people so many years working on. The gen- lines should be revised downward. I can behind those who are abusing the peo- tleman from Maryland (Mr. CUMMINGS) accept neither the necessity nor the ple in our neighborhoods on the street. did not have to allow me this time, wisdom of Federal mandatory min- I also would like to clarify one other knowing that I oppose the bill, and I imum sentencing. In too many cases, thing that has been sent out to some am extremely appreciative for that. mandatory minimum sentences are un- offices that has some false information Mr. Speaker, I rise in strong opposi- wise and unjust.’’ from one of the conservative groups tion both to the process that has These task forces go out into these that has a false allegation about the brought this bill to the floor under sus- poor communities and find some mis- amount of money being spent in this pension of the rules and to the sub- guided kid with one gram of crack co- bill. This bill is a freeze for the next 2 stance of the underlying bill, H.R. 2086, caine. They spend all this time locking years. In the third, fourth and fifth the reauthorization bill for the Office them up, taking them to court, getting year, there is a $15 million increase in of National Drug Control Policy, the mandatory minimum sentencing where a $1 billion bill. so-called Drug Czar’s Office. they spend 5 years or more under man- We have worked hard to try to man- Mr. Speaker, why is this bill before datory minimum sentencing. The judge age this financially, and it is incorrect us today under suspension of the rules has no discretion. It does not make any to imply that this bill is anything with only 20 minutes of debate for each difference whether they have ever been other than a freeze for the next few side and no opportunity for Members to in trouble before. It does not make any years. I think the wording is confusing offer amendments? Is there anyone who difference that their families are good, on the criticism. truly believes that this bill could not they are professionals. The child makes Furthermore, it proposes to criticize be improved if we had a full and fair de- the one major prevention program we bate on the many issues raised by H.R. one mistake. They are not cracking the have, the media campaign, because of 2068 and if Members had the oppor- big drug czars. They are not getting an OMB study. We have addressed a tunity to offer amendments to the bill? the people who are really responsible The Director of the ONDCP manages for putting the drugs on the streets. number of the things in this bill that a Federal drug control budget of al- They will lock up anybody that they OMB has asked for which was more re- most $20 billion. The Federal drug con- can easy so that they can get some strictions. The letter also confuses au- trol budget for the last 5 fiscal years more drug task force money. thorizing and appropriations bills and alone was almost $100 billion. ONDCP I just had all the defendants here at also has false data in it on whether the is tasked with managing an enormous the Congressional Black Caucus Foun- ad campaign has been effective. In fact, Federal drug control budget. What is dation weekend from Tulia, Texas, it is accurate, but there is a misleading the return on the investment? Where is where they arrested 10 percent of all of thing. It implies, it says that the the bang for our Federal dollars? Sure- the African American men in the town media campaign has been ineffective, ly, something more than such cursory of Tulia, Texas, arrested them on the but then in its wording says ‘‘among floor consideration is in order for these testimony of one lying guy, one man certain age groups,’’ meaning it has major issues. who was a part of the drug task force, been effective in most categories with The war on drugs is a joke. It is inef- the drug agent, Mr. Thomas Coleman, most drugs, but among a few it has not. fective, and it is a waste of taxpayers’ who is now, by the way, under indict- Therefore, they sent out a memo money. This money should be spent on ment for his misconduct in Tulia. He falsely implying that we increased the prevention, treatment, and rehabilita- just simply lied. And he went to the spending and falsely attacking the ad tion. During proceedings in the Com- judge, no jury, they gave people sen- campaign, and that did not do this mittee on the Judiciary, I certainly tences from anywhere from 4 or 5 years group justice which has been a great tried to offer amendments to defund to 20 and 30 years. They had to take an crusader for responsible spending. this program altogether. We need to army of pro bono lawyers from the big Mr. Speaker, I reserve the balance of start all over again. law firms and from the NAACP and my time. Mr. Speaker, the nationwide prison from the ACLU to go out and get these Mr. CUMMINGS. Mr. Speaker, I yield inmate population today is about 2.1 sentences overturned. This is a joke, the balance of our time to the gen- million people, over 160,000 of them in and it needs to be stopped. tleman from California (Mr. WAXMAN), my State of California alone. Many of the ranking member of the Committee b 1445 the inmates are serving time for drug on Government Reform. The gentleman offenses. Nationwide, more than 40 per- Mr. SOUDER. Mr. Speaker, I yield has worked very hard on this legisla- cent of the prison population consists myself 21⁄2 minutes. tion, and I would like to thank him. of African American inmates. About 10 Mr. Speaker, I wanted to clarify one Mr. SOUDER. Mr. Speaker, I yield 1 percent of the African American men of the matters from the gentlewoman minute to the gentleman from Cali- in their mid to late 20s are behind bars. from California (Ms. WATERS) because fornia (Mr. WAXMAN). In some cities, more than 50 percent of under President Bush, in 2 straight Mr. WAXMAN. Mr. Speaker, I thank young African American men are under years of requests, he has had larger in- the gentleman for yielding me time, the supervision of the criminal justice creases in treatment than in supply re- the senior member on our sub- system. Given the role of mandatory duction. And it is good to see that she committee that handled this legisla- minimum sentencing for drug offenses at least agrees with the President and tion. in producing these statistics, we need House leadership on that matter. While Mr. Speaker, I want to thank the to have a serious debate about the effi- we may have other disagreements, we chairman of our committee and the cacy and soundness of the war on drugs all agree that we need to focus increas- ranking member of the subcommittee and on mandatory minimum sen- ing amounts on treatment. for the constructive way that this bill tencing. I also wanted to clarify that the pur- has been processed by our Committee Mr. Speaker, Americans need real pose of this particular bill and HIDTAs on Government Reform. help in diverting their children from was to have these high-intensity drug The problem of drug abuse is a seri- drug use. Families need rehabilitation treatment areas where local and State ous problem. This legislation reauthor- to save and unite families. This so- law enforcement could tap into the izes the work at the Office of National called war on drugs is merely a joke, Federal law enforcement, so rather Drug Control Policy. The introduced and I believe that we can do better. than just going after the user on the version of the bill had a number of

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.018 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8971 problems which I am pleased that we York City, Detroit and Los Angeles, Drug Control Policy Reauthorization Act of were able to work through. It provided over half of the members of that 2003. This legislation also reauthorizes the that the possibility that the media HIDTA are local law enforcement and National Youth Anti-Drug Media Campaign—a campaign could be used for partisan po- two-thirds are State and local law en- critical component of our Nation’s drug control litical purposes and imposed limita- forcement. This was a program that strategy. tions on the funds that could be used said rather than just have Federal law We know that one important way to get the by the drug czar for free media cam- enforcement, let us build and leverage drug prevention message across is through paigns. the resources of the State and local the media: television, radio and newspapers. I On a bipartisan basis, we changed communities by working together. am a firm believer that an effective media that, and the bill now ensures that the If we do not adequately fund this pro- campaign can help prevent and delay the media campaign cannot be used for gram, every city has pretty much told onset of substance abuse among youth. The partisan political activities, and it us that they will pull out because they Partnership for a Drug-Free America operated adds a new provision banning the use of have to use their State and local dol- a successful media campaign long before the the media campaign to advocate for or lars to join with these HIDTAs, and it Federal Government became involved. Con- against a ballot initiative, draft legis- is a very marginal decision to do so, gress understood the importance of the anti- lation, or regulatory proposal. but they believe putting two-thirds of drug media message and wanted to ensure We also struck controversial lan- the officers in has been beneficial in re- that it would continue as public service cam- guage allowing the director to take re- ducing crime in their area. paigns have the proven ability to change atti- In New York City, the HIDTA there sources away from the States that tudes and behavior. have medical marijuana laws. We is referred to as the U.N. of law en- Since 1998, the Office of National Drug dropped language limiting the ability forcement because after 9/11, they have Control Policy has run a National Youth Anti- of the ONDCP to engage in nontradi- consolidated not only the narcotics, Drug Campaign. With the help of the Partner- but the anti-terrorism efforts to make tional forms of outreach and education. ship for a Drug-Free America, the Campaign sure that New York remains safe be- We deleted language overturning a has created more than 200 commercials. unanimous ruling of the FCC requiring cause it has been on orange alert since We know that the Media Campaign is work- ONDCP advertisements to be identified 9/11. It is on orange alert when the rest ing. The Media Campaign helps parents real- of us are on elevated alert. And to cut as paid for by the ONDCP. We made ize that they play a vital role in preventing back the HIDTA, or eliminate the progress in requiring that 80 percent of their kids from using drugs. Results clearly HIDTA, in New York City would be the media campaign dollars must go to show that the Campaign helps initiate con- devastating to anti-terrorism protec- media buys. The present requirement is versations about substance abuse between tion as well. now 77 percent. I would prefer that Lastly, I want to point out that I parents and their children. We also know that there be no requirement at all, but I have had excellent discussions with the the ads have helped parents set rules and think this is an improvement. ranking member, the gentleman from clear standards about drug use. We were able to address many prob- Survey results released this month confirm Maryland (Mr. CUMMINGS) and with the lems during the committee process, ranking member of the full committee, that youth are getting the right messages and the result is a much better prod- the gentleman from California (Mr. about drug use. The ads have contributed to uct. I want to point out that this bill is a climate of disapproval of drug use that is im- WAXMAN). We have continued to dis- not a perfect bill. And one of the re- agree, but understand that we need to perative to reducing the human, social, and fi- maining problems concerns the use of work out some kind of additional lan- nancial costs of this deadly disease. The HIDTA, the HIDTA funds, for treat- guage that gives flexibility on drug Campaign reaches 90 percent of the youth au- ment. Further work need to be done to treatment, although that should not be dience 4 times a week; and 74 percent of the address the need for more drug treat- the primary function, and HIDTA dol- parent audience 3.5 times a week. ment, and I have talked to the gen- lars should not be used for that effect. Drug use behaviors are beginning to show tleman from Indiana (Mr. SOUDER) We continue to talk about the positive effects from youth exposure to the about that matter. And based on his grandfathering in of the two programs Media Campaign. For example, almost half promise that we will continue to talk that are not grandfathered in under (49 percent of youth with high exposure to the about it and look further at this issue, this and if, whether that money could marijuana ads said the ads made them less I am not going to oppose the bill on be used like it is in the Washington- likely to try or use drugs versus 38 percent of that basis. But I do hope that when the Baltimore HIDTA to work on drug the youth who had little or no exposure to the bill goes through to a conference or treatment, and I pledged that I would ads. A strong correlation was found between comes out of the Senate, that we will continue to work on this as we move high exposure to the ads and increased per- do more in the area of treatment. through conference. ceptions of risk associated with marijuana use Mr. Speaker, it is a bill that I urge So I hope that given the many that have been specifically highlighted by the my colleagues to support. I hope that changes, this bill makes a very strong Campaign. Recent data also indicates that we can work to make ONDCP even bet- statement to drug dealers across Amer- kids who see or hear anti-drugs ads at least ter in the future. ica, that we are not going to back off. once a day are less likely to do drugs than Mr. SOUDER. Mr. Speaker, how It makes a very strong statement on other adolescents who don’t see or hear ads much time remains? marijuana use and the dangers of mari- frequently. The SPEAKER pro tempore (Mr. juana. It talks about how to tighten I have seen first-hand in my own community WHITFIELD). The gentleman from Indi- the Safe and Drug-Free Schools pro- the positive results that can be gained through ana (Mr. SOUDER) has 3 minutes re- gram to make sure it has a clear anti- an effective media campaign. maining. drug message. It includes efforts to The Coalition for a Drug-Free Greater Cin- Mr. SOUDER. Mr. Speaker, I yield make sure that the HIDTAs focus on cinnati, which I founded, recently conducted a myself the balance of my time. national drug trade and not just at the survey that showed a decline in teen drug use Mr. Speaker, I wanted to make sure local level where we lock people up but in our region for the first time in 12 years. that Members understood there was how do we get into the systems. On the Marijuana use by teens is down 13 percent, one program we have not talked about supply side, we have also asked for new alcohol use is down 24 percent, and cigarette at all today which is CTAC, the assessments on the accelerating prob- use is down 28 percent. Counter-Drug Technology Assessment lem of Columbian heroine. The media component of the community co- Center, which has a technology trans- I believe that in the end this bill rep- alition in Cincinnati plays a critical role in the fer program that is so important to so resents a bipartisan approach to a bal- coalition’s overall success. The Coalition helps many of our local and State programs; anced, coordinated and effective strat- run an extensive local media campaign 5,356 local and State agencies across egy to address the serious problem of through television, radio and print. In fact, the the United States have tapped into this drug abuse and its many effects across local media in southwest Ohio have gener- technology. our country. I urge all Members to sup- ously donated over $1 million in anti-drug ads I also wanted to point out for those port H.R. 2086. on an annual basis for the last three years. who are somewhat confused about Mr. PORTMAN. Mr. Speaker, I rise today in The survey data tells us that the media cam- HIDTAs that, for example, in New support of H.R. 2086, the Office of National paign is helping bring these numbers down.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K30SE7.056 H30PT1 H8972 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Based on our survey, kids who have seen Another flaw in H.R. 2086, is the failure to Broadway. Because the site was one of the anti-drug ads on a regular basis are 20 per- break down statistical data by demographic highest spots in Manhattan, the team was cent less likely to use drugs. These results in- group. The provisions of the bill include annual named the ‘‘Highlanders’’ and their home dicate that prevention and education tools like reporting requirements but the current provi- field ‘‘Hilltop Park.’’ They played their inau- gural game on April 22, 1903, losing 3–1 to the the media campaign work. sions fail to include language that would re- The key is that we work together—on a bi- Senators at Washington. New York recorded quire ONDCP to conduct and assess state the first win in franchise history the next partisan basis—to keep these ads on the air and federal prevention and treatment pro- day, a 7–2 decision at Washington; as part of a comprehensive drug prevention grams to ensure the unique needs of minority Whereas the Highlanders nearly captured effort. Passage of this bill, the Reauthorization groups, women, and youths are met. In addi- the American-League pennant in 1904—only of the Office of National Drug Control Policy, tion, the reporting provisions fail to require that their second season—as they finished only 1.5 will help to improve the effectiveness of the the drug-related crime information is required games behind the Boston Pilgrims in the media campaign and the reduction of drug to be reported broken down by racial, ethnic, first of three second-place finishes from 1904 abuse among our Nation’s adolescents. I en- age, and gender lines. This information is use- to 1910; Whereas after a spectacular fire severely courage all of my colleagues to support this ful to guarantee that the populations most af- legislation. damaged the Polo Grounds in 1911, the High- fected by illicit drug use are allocated the landers’ owners invited the Giants to share Ms. JACKSON-LEE of Texas. Mr. Speaker, greatest resources, to determine which local- I rise in support of this legislation as amended Hilltop Park. Two years later the Giants re- ities to certify as HIDTAs, and to determine turned the favor and allowed the Highlanders in a markup session before the Judiciary Com- disparate treatment by law enforcement offi- to move into their rebuilt and vastly supe- mittee. rior park. With the move, the Highlanders The Office of National Drug Control Policy cials. The ONDCP is a vital federal resource for officially changed their nickname to (ONDCP) has been the leader of federal drug ‘‘Yankees (by which they had actually been policy in the United States since its inception minimizing the impact of drug crime and use in America. It is important to ensure that the known for most of their history).’’ Two years in 1988. The Director of ONDCP serves as the after the move—on January 11, 1915—Colonel President’s primary advisor for drug control ONDCP is authorized past its September 30, Jacob Ruppert and Colonel Tillinghast policy and has responsibility for implementing 2003 expiration date. However, we must not L’Hommedieu Huston purchased the fran- the ONDCP’s mission of coordinating the Na- be hasty in reauthorizing the ONDCP. We chise from its by-now disgruntled owners; tion’s efforts to reduce the use, manufacture, must ensure that the reauthorization bill will al- Whereas from 1911 to 1919, the Yankees won as many as 80 games in a season only twice, and trafficking of illicit drugs and reducing the locate ONDCP resources to treatment and prevention programs as readily as law en- but the franchise’s fortunes would change associated crime, violence, and health con- forever on January 3, 1920. On what is per- sequences of illicit drugs. The Director is also forcement programs. We must ensure that there is data reporting that gives a thorough haps the most significant date in club his- responsible for advising the President on na- tory, the Yankees purchased the contract of tional and international drug control policies picture of our drug control efforts. George Herman ‘‘Babe’’ Ruth from the Bos- and strategies, formulating the National Drug Mr. Speaker, I support the efforts of the ton Red Sox for $125,000 and a $350,000 loan Control Strategy, reviewing and certifying the ONDCP and believe it is important that my against the mortgage on Fenway Park; budgets of National Drug Control Program colleagues pass this legislation to authorize Whereas Ruth’s impact was immediate. Agencies, and for ensuring that federal drug this federal agency to continue its mission. The Yankees won 95 games in 1920, their However, the flaws in H.R. 2086 must be cor- highest victory total to date, and captured programs are adequately funded. The Director their first American-League pennant a year reviews the annual budget request for each rected. I hope that all amendments that pro- pose to address these flaws offered today will later. Their attendance at the Polo grounds federal department and agency charged with doubled to 1,289,422 in 1920 and, in 1921, the implementing a federal drug control program be given full consideration. Giants notified their tenant to vacate the and is empowered to set forth funding require- Mr. SOUDER. Mr. Speaker, I yield Polo grounds as soon as possible. Now bitter ments and initiatives that he or she believes back the balance of my time. rivals, the two teams squared off in the are sufficient to meet those goals. The SPEAKER pro tempore. The World Series in 1921 and 1922 with the Giants Given the ongoing problem of drug traf- question is on the motion offered by winning both times; ficking, use, and addiction in our country, the the gentleman from Indiana (Mr. Whereas with their departure from the importance of reauthorizing the ONDCP is ob- SOUDER) that the House suspend the Polo Grounds inevitable, the Yankee owners rules and pass the bill, H.R. 2086, as set out to build a spectacular ballpark of vious. However, as we consider funding this their own. Baseball’s first triple-decked important federal office, it is necessary to en- amended. structure with an advertised capacity of sure that federal funds are allocated to the The question was taken; and (two- 70,000, it would also be the first baseball fa- proper programs. thirds having voted in favor thereof) cility to be labeled a ‘‘stadium’’; As it is presently drafted, H.R. 2086 directly the rules were suspended and the bill, Whereas construction began on May 5, 1922 undermines the use of important tools such as as amended, was passed. and, in only 284 working days, Yankee Sta- drug prevention and treatment programs that A motion to reconsider was laid on dium was ready for its inaugural game on have been proven to considerably reduce the the table. April 18, 1923 vs. the Boston Red Sox. An an- use of unlawful drugs. For example, ONDCP nounced crowd of 74,200 fans packed Yankee f Stadium for a glimpse of Baseball’s grandest designates certain cities in America particu- CONGRATULATING THE NEW YORK facility while thousands milled around out- larly burdened by narcotics as High Intensity YANKEES ON THE OCCASION OF side after the fire department finally ordered Drug Trafficking Areas (HIDTA). Under the THEIR 100TH ANNIVERSARY the gates closed. Appropriately, Ruth chris- provisions of the bill, HIDTA program partici- tened his new home with a three-run homer pants are prohibited from using any of the Mr. SOUDER. Mr. Speaker, I move to to cap a four-run inning as the Yankees funds they receive on prevention or treatment. suspend the rules and agree to the reso- coasted to a 4–1 win; The only HIDTA excluded from this prohibition lution (H. Res. 306) congratulating the Whereas because it was widely recognized is the Baltimore/Washington HIDTA. New York Yankees on the occasion of that Ruth’s tremendous drawing power made In addition to the HIDTA prohibitions, H.R. their 100th anniversary. the new stadium possible, it would imme- 2086 inadequately advances prevention and The Clerk read as follows: diately become known as ‘‘The House that Ruth Built’’. Later that season, the Stadium treatment programs by failing to require the H. RES. 306 hosted the first of 36 World Series and the Director to certify, prior to approval of the Whereas the New York Yankees were offi- Yankees won their first World Championship budget, that federal drug treatment program cially acquired in 1903 and are celebrating over their former landlord, the Giants. Of funding is adequate. For instance the Depart- their 100th anniversary in 2003; course, as the Stadium became the stage for ment of Health and Human Services imple- Whereas what would become the most suc- a staggering number of World titles—now to- ments several drug treatment and prevention cessful team in sports history actually began taling 26—it would also become known as programs, such as the Substance Abuse Pre- as the Baltimore Orioles in 1901. When that ‘‘The Home of Champions’’; vention and Treatment and Block Grant Pro- franchise folded after only two seasons, it Whereas on June 1, 1925 in a 5–3 loss vs. gram and the Targeted Capacity Expansion was purchased for $18,000 by two colorful New Washington, Manager Miller Huggins in- Yorkers, Frank Farrell and Bill Devery; serted a 21-year-old rookie first baseman as a grant program. Under H.R. 2086, the Director Whereas New York’s third Major-League pinch hitter for light-hitting shortstop Pee is not required, as part of the National Drug team, joining the New York Giants and Wee Wanninger. No one could have imagined Control Program budgeting process, to certify Brooklyn Dodgers of the National League, at the time that this appearance would be adequate funding of these programs prior to would play its home games in a hastily con- the first of 2,130 consecutive games played by approval of the budget. structed, all-wood park at 168th Street and Lou Gehrig, who, with Babe Ruth and later

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.010 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8973 Joe DiMaggio, anchored some of the greatest 10 wins, 33 consecutive scoreless innings and greatest pitchers. A four-time American- ball clubs of all time; 94 strikeouts; League All-Star, Guidry compiled one of the Whereas after a disheartening loss to the Whereas the heart of the Yankees for 18 most dominating seasons in baseball history St. Louis Cardinals in the 1926 World Series, seasons, Berra played on an incredible 14 in 1978 and became known as ‘‘Louisiana the Yankees rolled to World Championships pennant winners and 10 World Champions. He Lightening’’. He went 25–3 with a 1.74 earned in both 1927 and 1928, sweeping the Series was a three-time MVP and was selected to run average in leading the Yankees to their both years. The 1927 club, the first Yankee the All-Star team in every season from 1948 dramatic comeback, compiling a club-record team to be labeled ‘‘Murderers’ Row’’, be- through 1962; 248 strikeouts and nine shutouts en route to came the yardstick by which athletic great- Whereas Rizzuto was recognized as the a unanimous selection as the A.L.’s Cy ness is measured. During that season, Ruth glue of 10 pennant winners and eight World- Young Award recipient. On June 17, 1978 vs. shattered his own single-season home run Series Champions from 1941–56 and captured the California Angels at Yankee Stadium, record with his 60th on the season’s final day the league’s MVP award in 1950, batting .324 Guidry shattered the club record for strike- on September 30, 1927; with 200 hits and 125 runs scored; outs with 18. The Yankees’ co-captain—with Whereas in his 15 seasons in pinstripes, Whereas not every contributor to Yankee— Willie Randolph—from 1986 through 1988, Ruth helped build a tradition of winning and Baseball history was a future Hall of Guidry also won 20 games in 1983 (21–9) and with seven American-League pennants and Famer. In Game Five of the 1956 World Se- 1985 (22–6); four World Championships. He finished his ries vs. the Brooklyn Dodgers on October 8th Whereas the seventies ended with tragedy unparalleled career (with the Boston Braves at Yankee Stadium, right-hander Don as Thurman Munson, the Yankees’ first cap- in 1935) with 714 home runs, 12 American- Larsen authored what is perhaps the game’s tain since Gehrig, was killed in the crash of League home-run titles and six RBI crowns, greatest pitching performance when he re- his private jet on August 2, 1979. Only 32 at including five seasons with more than 150. A tired all 27 Dodger batters for the only per- the time of his death, Munson was the undis- charter member of Baseball’s Hall of Fame, fect game in World Series history; puted leader of the clubs that won three con- he remains widely regarded as the greatest Whereas the Yankees opened the decade of secutive pennants and two World Champion- player of all-time; the sixties in their usual fashion, winning ships. After their Captain’s death, the Whereas after the 1934 season, Ruth’s last pennants in the first five seasons (1960–64) Yankees would make only one more World- in New York, the Yankees purchased the and World Series titles in 1961 and 1962. In- Series appearance (1981) in 17 years despite contract of a budding star named Joseph credibly, in the 29 seasons from 1936 to 1964, compiling the best record in the Major Paul DiMaggio from the San Francisco Seals the Yankees won a remarkable 22 pennants Leagues during the decade of the eighties; of the Pacific Coast League. Two years later, and 16 World Championships. The 1961 club is Whereas the eighties also saw the develop- DiMaggio made his debut in pinstripes and still regarded as one of the best teams in ment of one of the franchise’s greatest and helped the Yankees to an incredible string of Baseball history. With Mantle and Roger most popular players, Don Mattingly, four consecutive World Championships under Maris embroiled in a season-long race to ‘‘Donnie Baseball,’’ the team captain from Manager Joe McCarthy from 1936 through break Ruth’s single-season home-run record, 1991 through 1995, batted .307 in his Yankee 1939. The decade of the thirties also produced the Yankees rolled to 109 wins en route to career (1982–95) and compiled an incredible one of the game’s greatest lefty-righty pitch- the World Championship. Maris smashed six-year stretch from 1983–89. During those ing combinations in future Hall of Famers Ruth’s record when he belted his 61st home years, he batted .327 and topped 100 RBI five Lefty Gomez and Red Ruffing. A four-time run on October 1 at Yankee Stadium in the times, including a career-high 145 in 1985 20-game winner-including 24–7 in 1932 and 26– last game of the season; when he captured the A.L. MVP award. A 5 in 1934—Gomez was also 6–0 in five World Whereas but age finally caught up with the year earlier, he outdueled teammate Dave Series. Ruffing posted seasons of 20, 20, 21 ball club after a seven game Series loss to Winfield on the final day of the season for and 21 wins on four World-Championship the St. Louis Cardinals in 1964. The Yankees the league’s batting crown (.343 to .340); clubs from 1936–1939; would finish in the first division only once in Whereas Winfield, who came to the Whereas sadly, in 1939, Gehrig was diag- the next nine seasons and actually plum- Yankees as the game’s most-sought-after nosed with a crippling disease and his streak meted to last place in 1966 for the first time free agent in 1981, compiled Hall of Fame of 2,130 games came to an end on May 2 when in 53 years; credentials in his eight-plus seasons in pin- he did not appear in a 22–2 Yankees’ win at Whereas the team’s fall from grace ended stripes (1981–90). He belted 205 home runs for Detroit. On July 4, the Yankees honored on January 2, 1973, when the most storied the Yankees with 818 RBI and won five gold their captain with an emotional ‘‘Lou Gehrig franchise in sports history was sold by CBS gloves; Appreciation Day’’ at Yankee Stadium and to a group headed by George M. Steinbrenner Whereas after an absence of 13 years, the his uniform number (4) became the first in III. With the addition of Catfish Hunter— Yankees returned to post-season play in 1995 Baseball to be retired. He died on June 2, Baseball’s first marquee free agent—shrewd as the American League’s first-ever ‘‘Wild- 1941; trades which brought Ed Figueroa, Mickey Card’’ entry. A devastating five-game loss to Whereas with the departure of Gehrig, Rivers, Chris Chambliss and Willie Randolph the Seattle Mariners in the Division Series DiMaggio became the pillar of the next gen- and a strong nucleus which included Thur- was only the start of an incredible run for eration of Yankee champions. In his 13 sea- man Munson, Graig Nettles, Roy White, and eight consecutive post-season appearances, a sons in pinstripes, the Yankees played in the Sparky Lyle, the Yankees would make their record shared only by the Atlanta Braves; World Series in all but two years and won 10 first post-season appearance in 12 years in Whereas in 1996, under new skipper Joe World-Series titles. The legendary ‘‘Yankee 1976 by winning their first American-League- Torre, the Yankees returned to the World Clipper’’ compiled one of the game’s most re- East title. Then on October 14, 1976, in the Series and would win four of the next five markable—and perhaps unbreakable— deciding fifth game of the League Champion- World Championships, including three records in 1941 when he hit safely in a record ship Series vs. the Kansas City Royals, straight from 1998 through 2000. Their 114 56 consecutive games; Chambliss launched a ninth-inning, pennant- victories in 1998 shattered the 44-year-old Whereas the Yankees also made a seamless winning home run to put the Yankees back American-League mark of 111 wins by the transition after DiMaggio’s retirement at in the World Series; 1954 Cleveland Indians (was broken by Se- the age of 37 after the 1951 season. With Whereas after a disheartening four-game attle in 2001) and their 125 total victories Whitey Ford and Mickey Mantle joining fu- sweep vs. the Cincinnati Reds in the 1976 (with 11 post-season wins) remains Baseball’s ture Hall of Famers Yogi Berra and Phil World Series, the Yankees introduced Reggie best single-season total; Rizzuto, the Yankees won eight American- Jackson—the most prolific slugger of his Whereas the Yankees’ most-recent era of League pennants and six World Champion- era—as the club’s newest free-agent acquisi- greatness featured a consistent lineup of ships under Manager Casey Stengel during tion. Jackson then capped an exciting 1977 great homegrown and acquired players to the 1950’s. Their streak of five consecutive season with one of Baseball’s greatest indi- rival any period in franchise history. Since World-Series titles from 1949 through 1953 re- vidual performances. In Game Six of the the arrival of Bernie Williams in 1991, the mains a Major-League record with no other World Series vs. the Los Angeles Dodgers at Yankees’ farm system has produced All- winning as many as four straight; Yankee Stadium on October 18, ‘‘Mr. Octo- Stars Derek Jeter, Andy Pettitte, Jorge Po- Whereas Mantle would achieve greatness ber’’ belted three home runs on three swings sada and Mariano Rivera. In addition, despite an arrested case of osteomyelitis and of the bat; shrewd trades and free-agent acquisitions numerous injuries. The powerful switch-hit- Whereas in 1978, the Yankees overcame a have brought such All-Stars as Wade Boggs, ter belted 536 home runs, collected 2,415 hits 14.0-game deficit in the American League Scott Brosius, Roger Clemens, David Cone, and batted .300 or more 10 times in an 18-year East to force a one-game playoff with the Jason Giambi, Tino Martinez, Mike Mussina, career. In his first 14 seasons in pinstripes, Boston Red Sox at Fenway Park to decide Paul O’Neil, Mike Stanton and David Wells; the Yankees missed the World Series only the American-League pennant. Shortstop Whereas in 2001, the Yankees failed to be- twice (in 1954 and 1959); Bucky Dent erased a 2–0 Red Sox lead in the come only the second team in history to win Whereas Ford’s lifetime record of 236–106 seventh inning with a dramatic three-run four consecutive World-Series titles, but cap- gives him the best winning percentage (.690) homer and the Yankees went on to a 5–4 win tured the hearts of the nation in the after- of any 20th century pitcher and he paced the en route to a second straight World Cham- math of the September 11th attacks. The American League in victories three times pionship; Yankees dropped the first two games of the and in ERA and shutouts twice. He still Whereas the ’78 season also saw the emer- Series vs. the Arizona Diamondbacks at holds many World Series records, including gence of Ron Guidry as one of the franchise’s Bank One Ballpark, but rallied to win the

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.002 H30PT1 H8974 CONGRESSIONAL RECORD — HOUSE September 30, 2003 next three at Yankee Stadium behind dra- like most Americans, give begrudging and appeared in a World Series in every matic ninth-inning comebacks in both games respect to the Boston Celtics and the decade since the 1920s, however, that Three and Four. On consecutive nights, Tino University of Notre Dame football, for was not always the case. Martinez and Scott Brosius erased two-run, over the years, like the New York The Yankee franchise formed in 1901 ninth-inning Diamondback leads with the Yankees winning both games in extra in- Yankees, they have been able to retain in Baltimore, Maryland as the Balti- nings. It marked the first time in World Se- a remarkable tradition of winning. And more Orioles. They played their first ries history that a team won two games in the Yankees have the most extraor- game on April 26, 1902 in Oriole Park. the same series when trailing by at least two dinary history of any professional In 1903, the franchise moved to New runs in the ninth inning; sports team. York and was renamed the New York Whereas as the Yankees begin their second It is one thing to win a few, but it is Highlanders. From 1905 to 1919, the century in 2003, they seek to extend their another thing to do it decade after dec- club was a regular inhabitant of the franchise record of consecutive post-season ade as the New York Yankees have second division, seldom posted a win- appearances to nine (a record matched only by the Atlanta Braves, 1995–02). They will do done. The Yankees franchise has won ning record and lost 100-plus games so by expanding upon the kind of innovation 38 American League pennants and 26 twice. In 1913, they were renamed the that set their first century—and its 26 World World Series championships in its his- New York Yankees. In 1923, they moved Championships—in motion. One hundred tory, both are the most of any major in to Yankee Stadium in the Bronx, years ago, the original 1903 team was built league baseball team. New York. with stars from no fewer than eight different In January of 1903, two New York After spending their first 18 seasons, Major-League teams. The 2003 Yankees— businessmen named Frank Farrell and a cumulative 41 games, under the .55 with the additions of Cuban All-Star pitcher Bill Devery purchased the failing Balti- percent, the Yankees swaggered into Jose Contreras and three-time Japan Central more Orioles franchise for a mere League MVP Hideki Matsui—will be com- the Nation’s consciousness with their prised of stars from no fewer than six na- $18,000. At the same time, the Amer- first American League pennant in 1921. tions; ican League operated the Orioles, simi- The legendary Yankee dynasty of the Whereas the Yankees recorded their 41st lar to Major League Baseball’s man- 1920s and 1930s won 11 pennants and first-place finish in team history in 2002, the agement of today’s Montreal Expos. eight World Series championships with most of any professional sports franchise The team’s new stadium in New York players such as outfielders Babe Ruth, . . . they are followed by the Montreal Cana- was located on a hill overlooking the Earle Combs, and Joe DiMaggio; first dians (32), Minneapolis/Los Angeles Lakers Bronx. Consequently, the team was re- baseman Lou Gehrig; infielder Tony (27), Boston Celtics (24), Brooklyn/Los Ange- named the Highlanders. The team be- les Dodgers (24), Boston/Milwaukee/Atlanta Lazzeri; pitcher Waite Hoyt. came the Yankees and moved to the Braves (23), New York/San Francisco Giants b 1500 (21), Philadelphia/Kansas City/Oakland A’s Polo Grounds in 1913. Also, the team (20) and New York (football) Giants (20) . . . added its famous navy blue pinstripes From 1941 to 1947, New York contin- the Yankees’ first-place total includes the in 1912. The team’s ascension to great- ued its success, winning four pennants strike-shortened 1981 season when they won ness perhaps commenced on January 3, and three World Series titles. the first half title; and 1920 when the Yankees acquired from Manager Casey Stengel guided the Whereas the Yankees have won 26 of the 97 the Boston Red Sox, something which Yankees from 1948 through the 1960s, World Series’ played (27 percent) . . . they Boston has forever regretted, a rising the team’s most overpowering era. have won 38 of the 101 American League Pen- star by the name of Babe Ruth. During this period, the club won 10 nants (38 percent). Since 1921, the Yankees American League pennants and seven have been a participant in 38 of the 81 World During his first year with the Series’ played (47 percent). The Yankees Yankees, Ruth hit 54 home runs and World Series championships, including have won a total of 127 games in the World the Yankees won 95 games. In 1923, the five straight championships from 1949 Series . . . no other team has even played in Yankees began playing at the newly- to 1953, a major league record. The that many World Series games: Now, there- constructed Yankee Stadium, and they teams Stengel managed featured Joe fore, be it won their first World Series against DiMaggio, catcher Yogi Berra, pitcher Resolved, That the House of Representa- the cross-town Giants. Whitey Ford, and outfielders Mickey tives and the American people extend heart- The Yankees won 19 more World Se- Mantle and Roger Maris. The Yankee felt congratulations to the New York dynasty continued through the early Yankees on the occasion of its 100th anniver- ries through the 1964 season. The fran- sary, and express the sincerest gratitude to chise only won two more titles in 1977 1960s as the team won the American the entire organization. and 1978 prior to 1996. But since 1996, League pennant from 1961 to 1964 and The SPEAKER pro tempore. Pursu- the Yankees have been to five World World Series crowns in 1961 and 1962. ant to the rule, the gentleman from In- Series and won four, in 1996, 1998, 1999 The next period of greatness came in diana (Mr. SOUDER) and the gentleman and 2000. The Yankees have now won the 1970s, after businessman George from Illinois (Mr. DAVIS) each will con- six straight American League Eastern Steinbrenner bought the franchise and trol 20 minutes. Division titles and seven in manager hired former Yankee Billy Martin as The Chair recognizes the gentleman Joe Torre’s 8-year tenure in the Bronx. manager. Led by outfielder Reggie from Indiana (Mr. SOUDER). On Sunday, the Yankees finished the Jackson, the Yankees won three GENERAL LEAVE season tied with the Atlanta Braves for straight pennants from 1976 through Mr. SOUDER. Mr. Speaker, I ask having the best record in baseball, 101 1978, going on to win the World Series unanimous consent that all Members wins and 61 losses. in 1977 and 1978. The Yankees won an- may have 5 legislative days within Mr. Speaker, I congratulate the gen- other American League pennant in which to revise and extend their re- tleman from New York (Mr. SERRANO) 1981. After a relative dry spell, the marks on H. Res. 306. for his work on this bill. franchise returned to dominance in the The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of late 1990s, winning the World Series in objection to the request of the gen- my time. 1996, 1998, 1999, and 2000. tleman from Indiana? Mr. DAVIS of Illinois. Mr. Speaker, I Yes, the Yankees are indeed the pride There was no objection. yield myself such time as I may con- of millions of New Yorkers and mil- Mr. SOUDER. Mr. Speaker, I yield sume. lions of Americans who love the game myself such time as I may consume. Mr. Speaker, I have never really been of baseball, the great American pas- Mr. Speaker, this resolution con- a Yankee fan. As a matter of fact, I time. I commend and congratulate gratulates Major League Baseball’s grew up as a Dodger fan; and, of course, them. New York Yankees for their 100th anni- the Yankees generally got the best of Mr. Speaker, I reserve the balance of versary. Let me make it clear at the that competition. But over the past 100 my time. outset, as my colleague from Illinois years, the New York Yankees have Mr. SOUDER. Mr. Speaker, I yield may as well, I am not a Yankees fan. spun memorable personalities and in- myself such time as I may consume. My favorite year for the Yankees was delible moments. As I earlier mentioned, the famous 1959 when the White Sox won the The Yankees franchise is defined by Yankees dynasty compares like to the American League Pennant, not all team success and excellence. New York Boston Celtics who had Larry Bird these Yankee championships. But I, has won an American League pennant from Indiana as one of their anchors

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.002 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8975 and the University of Notre Dame within your neighborhood. I am a for- what the Yankees mean to America, to which, of course, is based in Indiana, tunate man still. I reside a few city the world now, to New York and to the although most people do not realize streets, or as we call them city blocks, Bronx. that. from Yankee Stadium; and my office is At different times in the history of I do want to pay tribute to two a few city blocks from Yankee Sta- my congressional district, at different Yankee ties who clearly show that dium. times in the history of the Bronx, some even the Yankees have Hoosier ties, In that stadium for 100 years now, negative things have been said about which partly makes them successful. some of the best and most successful our neighborhoods; but never has any- Don Mattingly will not be remembered baseball has been played. If you are a one questioned the success of the in the same light as Ruth, Mantle, and Yankee fan, you deal with the fact that Yankees, and these new Yankees, the DiMaggio given his lack of World Se- you have people who are very pas- Yankees who take players from all ries rings; but this Evansville-native- sionate about the Yankees and others over the world, personify truly what turned-New York Yankees legend has who would want nothing more than to the Bronx is. It is a place where people made a claim to be one of the best pure see them lose, starting today, they are come together to work, to live, to be baseball players the Yankees ever had. playing right now, and never win patriotic, and to enjoy baseball. During his prime in the 1980s, he had an again; and I understand that. So let this Yankee fan in the most on-base slugging of over .900, bettered What we do here today, and I know diplomatic way, not to anger any Bos- only by Wade Boggs. On top of his out- the gentlemen have said that, is to cel- ton or Oriole fan, say that we are standing hitting, he also tied for hav- ebrate America’s pastime, baseball, happy to celebrate 100 years of the ing the best fielding percentage of any and in so doing, celebrate the most suc- Bronx Bombers, 100 years of New York first baseman ever to play the game. cessful franchise within that sport. Yankees baseball, and as the great Between 1985 and 1989, he won a Yankee The Yankees have had, as has been Ernie Banks used to say, let us play record for five consecutive Gold Glove stated here, many eras; and when you two today, let us play three, and that awards at first base. Indiana is proud get into overlapping eras, you run the is how many we can watch on TV to be the home of this Yankee legend. risk of leaving people out, but there today. The second Yankee I want to high- was a Ruth-Gehrig era. There was the Mr. DAVIS of Illinois. Mr. Speaker, I light with Hoosier ties is a man who overlapping DiMaggio era. There was ask unanimous consent that the gen- never played a game for this proud or- the area of Mantle and Berra and tlewoman from California (Ms. WAT- ganization. George Steinbrenner, bet- Rizzuto, Ford and Maris. There was SON) control the rest of the time for ter known as The Boss, has been called later the exciting era for my children, this side. many things by his critics. Unsuccess- where they became aware of baseball, The SPEAKER pro tempore (Mr. ful will never be one of them. During with Jackson and Mattingly and Win- WHITFIELD). Is there objection to the his tenure as the principal owner of the field and Guidry; and lately, we have request of the gentleman from Illinois? Yankees, he has guided this franchise the Williams-Posada-Jeter-Pettite era, There was no objection. to six World Series titles and put them joined very recently by, and I am sorry Ms. WATSON. Mr. Speaker, I yield 3 back on top as the most recognized to say this for our Yankee and Orioles minutes to the gentleman from Massa- sports franchise in the world. I high- fans, by Clemens, Mussina, Wells, chusetts (Mr. TIERNEY). light this because Steinbrenner was a Giambi, Soriano and, of course, Joe (Mr. TIERNEY asked and was given 1948 graduate of the Culver Military Torre. permission to revise and extend his re- Academy in Culver, Indiana. The Just think of it, when the Yankees marks and include extraneous mate- Steinbrenners are a three-generation first started out they were made up of rial.) Culver family. George Steinbrenner’s players from different baseball teams. Mr. TIERNEY. Mr. Speaker, I thank father, Henry, was a 1919 Culver Sum- This year, the winning Yankee team is the gentlewoman for yielding the time. mer Schools graduate, and each of his made up of players from no fewer than Mr. Speaker, I understand the levity children graduated from the academy six nations, including our latest addi- in which we all rise here today; and I as well. tions of Cuban All Star pitcher Jose think in the best of spiritedness, the So I not only pay tribute to the New Contreras and Japanese Central League question for us that this would be a York Yankees but some of their Hoo- MVP Hideki Matsui. time for the House of Representatives sier roots with the New York Yankees. Yankee baseball is, therefore, the to pass a resolution congratulating Mr. Speaker, I yield back the balance American Dream personified. It is suc- just a single baseball team. Major of my time. cess on the field. It is a behavior for league baseball is currently in the Mr. DAVIS of Illinois. Mr. Speaker, most of the time outside the field, off midst of a play-off series including the it is my pleasure to yield 5 minutes to the field, which typifies how we are as Yankees as well as seven other teams the gentleman from New York (Mr. a people and how we care for each that are worthy of our praise and our SERRANO), a tremendous Yankee fan other; but to celebrate the Yankees congratulations. In the middle of the and the author of this resolution. without speaking to some of their stats baseball play-offs, I think we will all be (Mr. SERRANO asked and was given would be totally improper. So at the rooting for our own respective teams permission to revise and extend his re- expense of being driven out by the and promoting team unity and sports- marks. chairman and the ranking member, let manship. Mr. SERRANO. Mr. Speaker, I thank me just remind my colleagues of a few. There are many other baseball teams both gentlemen for the time and for This was the Yankees’ 42nd first- that deserve our praise and congratula- bringing this resolution to the House place finish. Of the 97 World Series tions, in particular the Boston Red floor. I cautiously stand to celebrate played, the Yankees have won 26 of Sox. In fact, this year the Red Sox are and with great joy 100 years of Yankee them or 27 percent. They have won 38 celebrating the 100th anniversary of baseball. I do that because the gentle- of 101 American League pennants. their victory in the first-ever World men were very clear that they are not Since 1921, they participated in 38 of Series. Red Sox history is peppered Yankee fans, that they are just car- the 81 World Series seasons, played 47 with record-setting victories, triumph rying on their legislative duties today. percent, and they have won 127 World over adversity, and the dedication of I am a very happy man. As a lover of Series games. That is more victories Red Sox players, coaches, and fans. music and of baseball, today’s a great than any other team has played in the Now, it is true, Mr. Speaker, it is day for me. We will celebrate Johnny World Series, and this will not end. very true that in the long tradition of Cash later on and Bob Hope, and now Trust me, I just spoke to The Boss this buying their way to the top, the we celebrate 100 years of Yankee base- morning; and there are a lot of Yankee Yankees were bought 100 years ago; but ball. players available, either through free if we are to recognize any team for its I grew up in the Bronx, coming from agency or in the minor leagues. 100th anniversary, we ought to con- Puerto Rico; and if you grow up in the This is, again, the beginning of an- gratulate the Red Sox for their World Bronx, you, of course, are aware of the other play-off season; and we celebrate Series, not just congratulate a team fact that the Bronx Bombers reside this team’s success, and we celebrate simply for being acquired.

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.024 H30PT1 H8976 CONGRESSIONAL RECORD — HOUSE September 30, 2003 I have prepared an amendment to spectacular win was kept off the front page Whereas the Fenway Park fans showed offer to this resolution to include con- due to the sinking of the Titanic; great passion and sensitivity by avoiding gratulations to the Red Sox on the Whereas the 1912 Red Sox went on to post wearing light-colored clothing in the center their best record ever: 105–47, (a mark which field bleachers to help Conigliaro see pitches; 100th anniversary of their victory in stands today). They also beat the New York Whereas Carlton Fisk, known as ‘‘Pudge,’’ the first World Series; but I understand Giants that year in the first ‘‘true’’ World joined the Red Sox in 1972. In his rookie year that since the bill was brought to the Series match of the National and American he batted .293, hit 22 home runs and finished floor on the suspension calendar, that League champions; tied for the league lead with nine triples, cannot be done. So I instead, Mr. Whereas the Red Sox acquired Lefty Grove marks which earned him the season’s ‘‘Rook- Speaker, I will enter the amendment from the Philadelphia Athletics in 1934. He ie of the Year’’ award. His most memorable led the American League in strikeouts for text in the RECORD at this point. moment turned into a scene that encom- seven consecutive years (1925–1931). Nine passes the tradition and faith of all Red Sox Amendment to H. Res. 306, Offered by Mr. times he led AL pitchers with his stingy fans. The dominating catcher stepped to the Tierney of Massachusetts: ERA in his 17-year career. Only two other plate in the bottom of the 12th inning of After ‘‘Congratulating the New York pitchers led the league in ERA as many as World Series Game Six in 1975. After Bernie Yankees on the occasion of their 100th anni- five times. After a year plagued by arm prob- Carbo’s three-run pinch hit homer tied the versary’’ insert ‘‘and the Boston Red Sox on lems that led him to pitch an 8–8 record, the game in the eighth and Dwight Evans’ stun- the 100th anniversary of their victory in the first time he failed to win 20 wins since 1926, ning catch gave the team life in the elev- first ever World Series; Grove was back to form in 1935, posting a 20– enth, Fisk was ready to close the door on a Whereas the Boston Pilgrims (who would 12 mark and a league-leading 2.70 ERA. night of heroes. The catcher jumped on the become the Boston Red Sox in 1907), in 1903 Grove went 17–12 in 1936 for Boston 17–9 in second offering from Pat Darcy and lifted a met the Pittsburgh Pirates in the first ever 1937, 14–4 in 1938 and 15–4 in 1939. In four of high blast down the left field line that World Series in 1903 after winning the Amer- his eight years with the Red Sox he led the seemed to turn one of baseball’s greatest ican league pennant by an unprecedented league in ERA. On July 25, 1941, at 41 years games into a slow motion dream. Fisk stood 141⁄2 games; old, Lefty Grove put the finishing touches on at home plate, waving the ball fair like a Whereas Denton True ‘‘Cy’’ Young pitched his spectacular career. Pitching through man controlling the winds and leaped in ela- a dramatic 11–2 win in Game 5 of the best-of- nine innings and 90-degree heat, Grove tion as the game winning home run bounced nine series, yielding only six hits and himself notched his 300th win in a 10–6 win over off the foul pole, opening the gates for a wild driving in three runs; Cleveland and became the fifth all-time celebration guided by a home run dance Whereas Bill Dinneen struck out Honus winningest pitcher in baseball history; around the bases. It was a moment that typi- Wagner, widely considered the best player in Whereas in just his third year, at only 23 fied a great career; the game at the time, to win the 1903 World years of age, Ted Williams went into the last Whereas through 10-plus seasons in Boston, Series; day of the 1941 season hitting .3996, an aver- Fisk accumulated 162 home runs while com- Whereas Denton True ‘‘Cy’’ Young played age that officially rounds up to .400. The last piling a .481 slugging percentage—tenth in for Boston from 1901 until 1908, beginning at major leaguer to hit over .400 was Bill Terry club history. Fisk is among the leaders in age 34, and finished his eight years in Boston in 1930 and the last American League player three other offensive categories and is re- with a 192–112 record. In his first year with was Harry Heilmann in 1923; membered for his uncanny stature in the the Pilgrims, Young posted a 33–10 record, a Whereas on June 18, 1953, the Red Sox field. For his career, Fisk caught more 1.62 ERA, 5 shutouts and 158 K’s, walking a scored 17 runs in one inning against the De- games (2,226) and hit more home runs (351 of mere 37 batters in 371 innings. In addition, troit Tigers with 14 hits and six walks in the his career 376) than any player at his posi- Young was the only pitcher in baseball’s record-setting inning. The Red Sox broke or tion ever; first 100 years to win 500 games, including tied 17 major league records that day, includ- Whereas in 1975, a rookie named Fred Lynn three no-hit shutouts and a perfect game on ing the most runs in one inning (17) and the made baseball history by earning both the May 5, 1904; most hits in a game (27); 1975 Rookie of the Year and Most Valuable Whereas in 1908 the Red Sox acquired from Whereas on September 28, 1960 Ted Wil- Player Awards, an accomplishment that had Kansas City ‘‘Smokey’’ Joe Wood, who was liams ended his Hall of Fame career when he neither been done before. Lynn also earned a sent 10,454 fans into a frenzy by launching a known as the successor to the great Cy batting championship and four gold gloves, 1–1 pitch from Baltimore Orioles’ pitcher Young. By the 1911 season, Wood was smok- played in six All-Star games and led the Jack Fisher high into the damp gray sky and ing and he showed his golden arm for the league in slugging percentage twice and dou- into the Red Sox bullpen for his 521st home baseball world to see. His 23–17 record that bles once; year included a no-hitter against the St. run; Whereas outfielder Dwight ‘‘Dewey’’ Evans Whereas in 1961 Carl Michael Yastrzemski, Louis Browns on July 29. He also recorded 15 entered the big leagues in 1972 with the Red later known simply as ‘‘Yaz,’’ joined the Red strikeouts in one game—a record that Sox and at the end of his career placed in the Sox, replacing Ted Williams in left field. wouldn’t be broken until Boston’s Bill top five of ten offensive categories in the Yastrzemski tops the Red Sox charts for Monbouquette fanned 17 in 1961. In 1912, club’s records, the most notable being the 379 runs batted in, hits, games, at-bats, runs Wood’s 34–5 record was the best in the home runs and 1,346 RBI that put him fourth, league; scored, extra base hits and total bases. He holds a top-ten rank in eight of baseball’s of- behind Ted Williams, Carl Yastrzemski, and Whereas ‘‘Smokey’’ Joe’s most memorable Jim Rice. Evans also finished his career with game came on September 6, 1912. Carrying a fensive categories and became the first American Leaguer to reach the 3,000-hit and the second most games played and at-bats in 13-game winning streak, the Washington Boston history; Senators came to town and challenged the 400-home run milestone; Whereas in 1967 Yastrzemski led ‘‘The Im- Whereas Jim Rice joined the Red Sox in Red Sox to throw their bright, young talent possible Dream,’’ He took a Red Sox team 1974 after securing the International a day ahead of his scheduled start against that led the majors in losses the previous League’s triple crown and in his first full their staff’s ace: Walter ‘‘Big Train’’ John- season and guided it on one of sport’s most year with the team batted .309 with 22 home son. Johnson’s record-setting 16-game con- engaging turnarounds. A .326 average, 44 runs and 102 RBI, leading the Sox to the secutive win streak had just been snapped. home runs and 121 RBI gave ‘‘Yaz’’ the Amer- American League pennant and the 1975 World Wood accepted the challenge and the news- ican League Triple Crown; Series. In 1978 he was named the A.L.’s MVP papers went wild. They compared the two Whereas Carl Yastrzemski, at age 40, after setting staggering marks including hurlers to prize fighters. In the sixth inning, notched his 3,000th hit on September 12, 1979; major league leading totals of 46 homers, 139 Tris Speaker and Duffy Lewis traded doubles Whereas in 1964 Tony Conigliaro, known as RBI, 15 triples, 406 total bases, 213 hits and a off of Johnson and scored a run. It would be ‘‘Tony C’’ to his fans, burst onto the baseball .600 slugging percentage; the only time either team crossed the plate scene in Fenway Park, taking 24 homers over Whereas Roger Clemens warmed up a can- that afternoon as Wood won his 14th the ‘‘Green Monster’’ in 111 games while bat- non before a Tuesday night game in April of straight. Wood went on to notch two more ting .290. In his second year with the Sox, 1986 and shot down 20 Seattle Mariners by wins, tying Johnson’s 16-game record, before Conigliaro belted 32 homes runs, leading the night’s end to break the Major League record losing; American League. At 20 years old, Conigliaro for strikeouts in a nine inning game. It was Whereas in 1912 the Boston Red Sox moved became the youngest home-run leader in an exhibition of sheer power and by the time from the Huntington Avenue Grounds to baseball history. He followed that effort in the smoke cleared, the ‘‘Rocket’’ had fanned Fenway Park, the new stadium built specifi- 1966 with 28 home runs; the side three times and during one stretch cally for the Red Sox. The season opener Whereas on August 18, 1967, Conigliaro was sat down eight Mariners in a row. He looked against the New York Highlanders (later gravely injured by a rising, inside fastball unhitable. Seventy percent of his pitches known as the Yankees) was delayed two days from California’s Jack Hamilton. After miss- were strikes, many of which topped the radar by rain, but 27,000 ‘‘Fenway Faithful’’ ing the remainder of the 1967 season and all gun at 95 mph and higher; showed up on April 20 to watch what turned of 1968, Conigliaro surpassed remarkable Whereas in 1997 the Red Sox were treated into a three hour and 20 minute game that odds and returned in 1969. He batted .255, hit to the arrival of a rookie named Nomar went into the 11th inning, when Red Sox 20 homers and won the ‘‘Comeback Player of Garciaparra, who immediately turned into a player Tris Speaker knocked in second base- the Year’’ award. He improved in 1970 when superstar. The dynamic shortstop won man Steve Yerkes to win the game 7–6. The he belted 36 home runs and 116 RBI; ‘‘Rookie of the Year’’ honors by hitting .306

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.026 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8977 with 122 runs, 209 hits, 44 doubles, 11 triples, Sports fans and non-sports fans alike know ing, inspirational power the Yankees have was 30 homers, 98 RBIs and 22 stolen bases; of George Steinbrenner’s pride in the Yankees in the aftermath of the tragic attacks of 9/11. Whereas in 1998, after acquiring star right- and his drive and desire to win the World It was the City’s darkest hour and New hander Pedro Martinez, the Red Sox pro- duced their first 90-win season since 1996. Championship. Few people, however, know of Yorkers’ most harrowing experience. Collec- The 92–70 finish was good enough to vault his compassion and willingness to come to the tively, New Yorkers rallied around their neigh- them into the playoffs as the AL Wild Card. aid of those most in need. bors, their leaders—and their championship Nomar Garciaparra finished second in AL George Steinbrenner and his son Hal teams. MVP balloting. The Red Sox snapped their Steinbrenner devote much of their personal That year, the Yankees put on an exhila- postseason losing streak of 13 games by beat- time in support of the Warrior Foundation, a rating, magical performance in the World Se- ing the Indians 11–3 in Game 1; nonprofit organization that assists the families ries, constantly fighting back from the brink of Whereas in 2000 Nomar Garciaparra earned of U.S. Special Operations Forces who make his second consecutive batting title and defeat to push the series to the limit. Pedro Martinez earned his third Cy Young the ultimate sacrifice in defense of freedom. That year, the Yankees’ post-season per- award in four years. Garciaparra’s .372 bat- The Foundation provides scholarships for the formance was the first bit of good news many ting average was the best batting average for children of these brave warriors who serve our New Yorkers had received in weeks. a right-handed hitter in the past 50 years; Nation in anonymity. For that, and so many other memories, I am Whereas in 2001 the Red Sox signed super- George Steinbrenner and the New York thrilled to join with my colleagues here and star slugger Manny Ramirez off the free Yankees also show their support of our troops millions of New Yorkers back home in con- agent market, who clubbed a three-run throughout the season, by regularly honoring gratulating the New York Yankees for 100 homer in the first pitch he saw in a home uniform at Fenway Park; them at Yankee Stadium. During New York’s years of thrills, excitement and excellence. Whereas on April 4, 2001, Hideo Nomo Fleet Week, the Yankees honor thousands of Ms. WATSON. Mr. Speaker, we have pitched Boston’s first no-hitter since 1965. sailors, soldiers, marines, airmen, and Coast no additional speakers, and I yield The start against the Orioles at Camden Guardsmen while hosting them at baseball back the balance of my time. Yards was Nomo’s first in a Boston uniform; games. The Yankees regularly pay personal The SPEAKER pro tempore. The Whereas in 2002 the Red Sox began a new visits to our troops when they are hospitalized question is on the motion offered by era, as the ownership group led by John with injuries, and they honor those who are the gentleman from Indiana (Mr. Henry, Tom Werner and Larry Lucchino offi- cially took over on Feb. 27. The Red Sox able to travel to Yankee Stadium. SOUDER) that the House suspend the went 93–69 under new manager Grady Little, Few people will ever forget the special bond rules and agree to the resolution, H. but missed the playoffs for the third straight that developed between the Yankees and the Res. 306. year. Pedro Martinez and Derek Lowe gave fire and police departments of New York City The question was taken; and (two- the Sox their first 20-win tandem since 1949. following the tragic events of 9/11. Our Nation thirds having voted in favor thereof) The highlight of the season was Lowe’s no- will never forget the spiritual and emotional lift the rules were suspended and the reso- hitter at Fenway on April 27 against the that those same Yankees gave our Nation lution was agreed to. Devil Rays. Manny Ramirez, despite missing with their never say die effort during the 2001 A motion to reconsider was laid on six weeks with a fractured left index finger, World Series. won his first batting title; the table. Back home in the Tampa Bay area that I Whereas Red Sox have appeared in the f post-season seven times (1986, 1988, 1990, 1995, have the honor to represent, George 1998, 1999 and 2003) since 1986;’’ Steinbrenner annually sponsors of series of BOB HOPE POST OFFICE BUILDING After ‘‘Resolved, That the House of Rep- holiday shows with the Florida Orchestra for Mrs. MILLER of Michigan. Mr. resentatives and the American people extend underprivileged youth. Having participated in heartfelt congratulations to the New York Speaker, I move to suspend the rules many of these shows, I can tell you that he and pass the bill (H.R. 3011) to des- Yankees on the occasion of its 100th anniver- brings greater happiness to thousands of chil- sary, and express the sincerest gratitude to ignate the facility of the United States the entire organization.’’ Insert ‘‘Resolved, dren at these events each year. Postal Service located at 135 East Olive That the House of Representatives and the He also reaches out to lend a helping hand Avenue in Burbank, California, as the American people extend heartfelt congratu- to individuals and families with special needs ‘‘Bob Hope Post Office Building’’. lations to the Boston Red Sox on the occa- throughout our community. He does not seek The Clerk read as follows: sion of the 100th anniversary of its victory in publicity for his efforts, he just does it because H.R. 3011 the first World Series and express the sin- it’s the right thing to do. cerest gratitude to the entire organization.’’ Mr. Speaker, George Steinbrenner is an Be it enacted by the Senate and House of Rep- So I join, Mr. Speaker, the Red Sox American icon for his success as the owner of resentatives of the United States of America in Congress assembled, nation in congratulating the Red Sox a professional sports team. For me, however, SECTION 1. BOB HOPE POST OFFICE BUILDING. on the 100th anniversary of their vic- he is a true hero for his selfless acts to sup- (a) DESIGNATION.—The facility of the tory in the first World Series and for port our service members and our neighbors United States Postal Service located at 135 their recent wild-card victory in the most in need. This is the side of George East Olive Avenue in Burbank, California, 2003 play-offs. On behalf of the Red Sox Steinbrenner few will ever see or read about shall be known and designated as the ‘‘Bob fans across the country and the world, but for which thousands are thankful and eter- Hope Post Office Building’’. I hope that the 85th time is a charm nally grateful. (b) REFERENCES.—Any reference in a law, and it is this year. Good luck for all As we celebrate the 100th anniversary of map, regulation, document, paper, or other the teams in the play-offs and the Red this storied sports franchise, let us also say record of the United States to the facility re- Sox in particular, as well as the thank you to a great American with the heart ferred to in subsection (a) shall be deemed to be a reference to the Bob Hope Post Office Yankees. of a champion. He has given our Nation much Building. Mr. YOUNG of Florida. Mr. speaker, I rise in to cheer both on and off the playing field. strong support of House Resolution 306, Mrs. MALONEY. Mr. Speaker, to the city of The SPEAKER pro tempore. Pursu- which congratulates the New York Yankees on New York, the New York Yankees are truly ant to the rule, the gentlewoman from their 100th anniversary. more than just a baseball team. Michigan (Mrs. MILLER) and the gentle- Others who have spoken before me, and For 100 years, they have captured the woman from California (Ms. WATSON) will speak after me, will have talked about the imagination, brought New Yorkers together each will control 20 minutes. Yankees’ prowess on the baseball field. Cer- and given our city of champions a champion- The Chair recognizes the gentle- tainly their 26 World championships and 38 ship spirit. woman from Michigan (Mrs. MILLER). American League Pennants are unsurpassed The numbers speak for themselves: 26 GENERAL LEAVE in all of professional sports. World Series won. 38 Hall-of-Famers. 6 con- Mrs. MILLER of Michigan. Mr. With my time today, however, I want to secutive division titles—and counting. Speaker, I ask unanimous consent that speak about one of the legendary New York From Manhattan to Moscow, The Bronx to all Members may have 5 legislative Yankees, a man who has left his mark on this Beijing, you’re likely to see someone wearing days within which to revise and extend organization without ever taking to the field. the distinctive Yankees ball cap wherever you their remarks on the bill under consid- That is George Steinbrenner, who bought the go. eration. Yankees in January 1973 and has since then The world over, everyone knows the The SPEAKER pro tempore. Is there made it the most valuable sports franchise in Yankees. But my most cherished Yankees objection to the request of the gentle- the world. memory, and the one that confirmed the uplift- woman from Michigan?

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.005 H30PT1 H8978 CONGRESSIONAL RECORD — HOUSE September 30, 2003 There was no objection. radio show. After doing both radio and Bob Hope was born Leslie Townes Mrs. MILLER of Michigan. Mr. television shows over nearly five dec- Hope in 1903 in Eltham, England. He Speaker, this House justifiably honors ades for U.S. troops located all over the emigrated to America 4 years later. numerous Americans each Congress, globe, Bob Hope performed in front of For more than 60 years, Bob Hope trav- many of whom we know well and oth- troops for the last time in 1990 for serv- eled around the world entertaining and ers who are less famous; but we may icemen and women readying to fight in supporting our military personnel. never pay tribute to anyone who self- the Persian Gulf War. Over the years, From World War II, to the Korean War, lessly devoted more time and energy he traveled to bring a little bit of home to the Vietnam War, and the Persian toward promoting the general welfare to American soldiers abroad in Europe, Gulf War Bob sang, danced, joked, com- in this country than the incomparable North Africa, the Middle East, and forted, and took picture after picture Bob Hope. Asia. with our men and women who were This legislation, H.R. 3011, intro- The gift that Bob Hope gave to the fighting for our country. But Bob Hope duced by the gentleman from Cali- soldiers defending our freedom is price- did not just give of his time and his fornia (Mr. SCHIFF), designates the less. In a time of great danger, the sol- talent, he also gave from his heart and postal facility in Burbank, California, diers were entertained and were able to his pocket. Throughout his career he as the Bob Hope Post Office Building, escape the trying times of their lives raised more than $1 billion for war re- and all 53 members of the California just for a moment. Mr. Speaker, Bob lief and various other charities. State delegation have signed on as co- Hope expressed the love of a Nation for Sadly, Bob Hope, the friend of presi- sponsors of this legislation. the men and women risking their lives dents and a living legend in radio, TV, Bob Hope lived a wonderful life that for all of us back at home. He touched film, and on Broadway died at his home spanned one full century. Towards the the lives of these brave men and on July 27, 2003. However sad it was, he end of his life he was perhaps the big- women because he knew that they were met the century figure, 100 years. gest giant in the American entertain- fighting for us, for our freedoms. Mr. Speaker, I commend my col- ment industry; and whether it was Bob Hope passed away at 100 years of leagues for seeking to honor the late vaudeville or Broadway, TV, movies or age, and we all greatly miss him. But Bob Hope in this manner; and, as a rep- radio, America grew up with Bob Hope he passed away serenely one evening. resentative of Hollywood, we will all during the 20th century, and we In fact, to quote his daughter, Linda, cherish his memory and his works and laughed all the way. she said, ‘‘I don’t think you could have hope that we can give back to human- asked for a more peaceful, beautiful b 1515 kind what he did. I urge the swift adop- death. And I think all the good vibes tion of this bill. The legendary star of radio, tele- my father put out during his lifetime Mr. Speaker, I yield back the balance vision and film was born in Eltham, came back to take him up.’’ of my time. England, on May 29, 1903. The Hope There is little that can be said that Mrs. MILLER of Michigan. Mr. family moved to Cleveland, Ohio, when has not been said about what a wonder- Speaker, I yield myself such time as I Bob was 4, and he became a United ful person Bob was. He was given 54 may consume to simply say that this is States citizen in 1920. With his passing honorary doctorates, the Congressional truly a worthwhile measure, and I on July 27, 2003, the country that he Medal of Honor, the Presidential Medal want to again commend the gentleman loved and gave so much to mourned. of Freedom, was inducted into the Tel- from California for his work on it. I This Nation can never repay Bob evision Hall of Fame, and was even certainly urge all my colleagues to Hope or his family for his commitment knighted by his native Great Britain. support the passage of this measure. or his love of country. But with the But today, I am sincerely proud that Ms. MILLENDER-MCDONALD. Mr. Speaker, passage of H.R. 3011, this House can we have a chance to say just a few I am pleased to rise today in support of the speak for the citizens of this land in more words about Bob and his legacy. Bob Hope Post Office Building Designation saying, ‘‘You were a great American, Every American owes Bob a little Act (H.R. 3011). First I would like to thank my Bob Hope. Thank you.’’ something for his contributions to the colleagues ADAM SCHIFF and HOWARD BERMAN The son of a stonecutter and an as- fabric of this Nation. It is certainly ap- for introducing this bill. piring singer and entertainer, Bob Hope propriate that this House give at least On Sunday, July 27, 2003, the world lost exemplifies the American Dream. To a little bit back to Bob Hope by nam- one of its most beloved comic talents when supplement his income when he began ing after him this post office in Bur- Bob Hope died of pneumonia in Taluca Lake, working in his teenage years, Bob bank, California, where the NBC Stu- CA. He was 100. began to follow in his mother’s foot- dios are located, a place we all know he Though he was born in England and he steps by doing some singing in nearby spent much of his career. grew up in Cleveland, OH, Bob Hope will al- restaurants. Finally, he learned the art Mr. Speaker, I urge all Members to ways be a Californian. He expressed the Cali- of vaudeville, and by 1928 he had adopt- vote for the passage of H.R. 3011 that fornia spirit that has captivated not only this ed his stage name Bob Hope. commemorates the matchless life of country, but also the rest of the world in the Bob eventually secured a variety Bob Hope, and I congratulate the gen- century in which he lived. show on NBC radio that lasted 18 years. tleman from California for his work on Witty, self reliant, innovative and an entre- By 1940, it was the most widely lis- this bill. preneur wrapped together with impeccable tened-to show in America. In 1950, he Mr. Speaker, I reserve the balance of timing, Bob Hope spoke to Americans on signed an exclusive TV deal which my time. many levels. He made us laugh, he made us spawned a partnership that lasted more Ms. WATSON. Mr. Speaker, I yield think and most importantly—he made us than 40 years and produced hundreds of myself such time as I may consume, proud to be Americans. programs and specials. On the big and I rise to support H.R. 3011, that Bob Hope’s accomplishments in entertain- screen, he costarred with Hollywood will designate the facility of the ment are well documented. legends like Bing Crosby, Shirley Ross, United States Post Office located at 135 We will miss Bob Hope the entertainer, but Paulette Goddard, and Dorothy East Olive Avenue in Burbank, Cali- during times like these, when every morning Lamour during his movie career that fornia, as the Bob Hope post office we are abruptly reminded of the conflict in Iraq lasted from the late 1930s through the building. and the sacrifices of American men and Forties and Fifties. Before it was all Mr. Speaker, I am pleased to join my women in the Middle East, we desperately over, he had starred in 75 motion pic- colleagues in the consideration of H.R. miss Bob Hope the American ambassador of tures, nearly 500 television shows, and 3011, legislation naming this post office good will, humanity and humor. literally thousands of radio programs. after Bob Hope. The bill was sponsored His contribution to our military will be irre- However, most Americans remember by the gentleman from California (Mr. placeable. It was his gestures that have made Bob best for his performances for the SCHIFF) on September 4, 2003, and it has the greatest impact to our troops, to our Na- U.S. troops through the United Service met the policy of the Committee on tion and to all our citizens that applauded him Organization. During the early years of Government Reform and has been co- as he entertained our troops overseas. World War II, in 1941, he visited troops sponsored by the entire California dele- His decades of support to our troops, his stationed in California to tape his gation. presence oversees, made us all feel better

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K30SE7.029 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8979 back home. We couldn’t be there, but Bob a smile and a piece of home to U.S. troops never repay Bob Hope for his service to our Hope was. He knew the sacrifices our men around the world. country, H.R. 3011 will continue a fine tradition and women made and he let our brave men John Steinbeck once said of Bob Hope, ‘‘It of honoring an exemplary citizen. I strongly and women know that we supported them is impossible to see how he can do so much, encourage my colleagues to support this bill. back home. can cover so much ground, can work so hard Mr. Speaker, I yield back the balance Bob Hope is already missed. and be so effective.’’ of my time. Mr. SCHIFF. Mr. Speaker, I rise today to Former Burbank mayor Michael Hastings The SPEAKER pro tempore (Mr. honor one of the most beloved and recogniz- said to Hope, ‘‘He was as large in this com- WHITFIELD). The question is on the mo- able talents in the world. Bob Hope is re- munity as he was in the world, and I think Bur- tion offered by the gentlewoman from garded as a gifted entertainer, with an unmis- bank has been a great beneficiary.’’ It seems Michigan (Mrs. MILLER) that the House takable ability to bring laughter and joy to per- only fitting that a city that served such an in- suspend the rules and pass the bill, sons of all ages; however, he was also an am- strumental role in Bob Hope’s life, return that H.R. 3011. bassador of hope to our men and women honor by naming its historic post office after The question was taken; and (two- overseas. the entertainer. thirds having voted in favor thereof) It is with great honor that I stand before you Hope’s ties to the city of Burbank, CA were the rules were suspended and the bill today, and bring to the Floor, House Resolu- numerous. In 1973, he was named the city’s was passed. tion 3011, a resolution cosponsored by all of honorary mayor, and in 1989, the city re- A motion to reconsider was laid on my colleagues from California. This legislation named a portion of Catalina Street near NBC the table. will honor Bob Hope’s many contributions to studios to Bob Hope Drive. In April of 1993, f veterans, active duty troops, the field of enter- those studios were dedicated in honor of HONORING THE LIFE AND LEGACY tainment and the greater Los Angeles commu- Hope’s 90th birthday and his more than 50- OF BOB HOPE nity, by naming the Burbank, CA, Main Post year association with the network. Donating Mrs. MILLER of Michigan. Mr. Office for him. more than $1 million to the Providence St. Jo- Speaker, I move to suspend the rules Born in Eltham, England, on May 29, 1903, seph Medical Center Foundation in Burbank, and agree to the resolution (H. Res. Bob Hope seemed to be destined to entertain. Hope also helped raise money to build a vet- 357) honoring the life and legacy of Bob From impersonating Charlie Chaplin in front of eran’s monument in the city, by performing at the neighborhoods firehouse in Cleveland as a Hope. the Starlight Bowl in 1987. The Clerk read as follows: young boy, to celebrating an unprecedented By naming the Burbank, CA Main Post Of- 60 years with NBC in 1996, Hope’s entertain- fice for Bob Hope, we will remember him for H. RES. 357 ment persona has been evident in every dec- his talent and honor him for his extraordinary Whereas Bob Hope was born Leslie Townes ade of the 20th century. impact on the lives of our troops. With the re- Hope on May 29, 1903, in Eltham, England, An avid golfer, Bob Hope had been quoted lease of his very first feature film, ‘‘The Big and immigrated to the United States in 1907 as saying, ‘‘Golf is my profession. I tell jokes at the age of 4; Broadcast of 1938,’’ ‘‘Thanks for the Memory,’’ Whereas Bob Hope entertained America on to pay my green fees.’’ Most notably, he de- became Hope’s signature song. Earning an the vaudeville circuit, the Broadway stage, veloped and hosted the Bob Hope/Chrysler Academy Award, the song will forever remind and in over 1,100 radio shows, 75 movies, and Classic, a pro am tournament held annually in us of the legendary Bob Hope. The classic 475 television programs; Palm Springs, CA. Over four decades later, Hope song ends with the words, ‘‘Aw’ fly glad Whereas for more than 5 decades Bob Hope the Classic draws the most famous pros and I met you, cheerio, and toodle-oo and thank entertained the Nation’s troops overseas celebrity amateurs, and it has gone on to raise you so much.’’ with the United Service Organizations over $35 million for the Eisenhower Medical We thank you Mr. Bob Hope, for all the (USO), putting on shows during World War Center and 70 other various charities. memories. II, the Korea War, the Vietnam War, and the What separated Bob Hope from other be- first Persian Gulf War; Mr. BERMAN. Mr. Speaker, I rise today in Whereas during his lifetime Bob Hope do- loved celebrities was his unwavering commit- support of naming a post office for Bob Hope nated more than 1 billion dollars to hos- ment to bringing smiles and hope to American near his hometown of Toluca Lake. This is a pitals, charities, and civic organizations; servicemen and servicewomen overseas. For small tribute for a man who has given so Whereas Bob Hope received the Congres- nearly six decades, during times of war and much to our country. sional Gold Medal in 1962, in recognition of peace, Hope traveled to countless countries to Bob Hope was a man who knew no bound- his service to his country and the cause of entertain the troops. Affectionately referred to aries. He certainly did not heed geographic peace, and the Presidential Medal of Free- as ‘‘G.I. Bob,’’ Bob Hope became a fixture on borders, performing for soldiers in all corners dom in 1969, in honor of his gifts of joy to all the U.S.O. stage. the American people; of the world. Starting in 1941, he headlined Whereas Bob Hope’s commitment to the In May of 1941, Bob Hope performed for USO shows in the South Pacific, Africa, Eu- Nation’s troops was so great that he was the U.S. Troops at March Field, CA, beginning a rope and the Middle East, entertaining millions first person ever to be recognized by the legendary tradition of military performances. of soldiers and bringing laughter to the most United States Congress as an honorary vet- During World War II, he performed almost all desolate places on Earth. eran; of his weekly radio shows from American mili- Bob Hope did not recognize boundaries of Whereas Bob Hope received the Distin- tary bases around the U.S. and in the theaters time, charming audiences of civilians and sol- guished Service Medal from each branch of of war. In his support of our troops, he trav- diers for over sixty years. His first ‘‘last Christ- the Armed Forces; eled to England, Ireland, Africa, Sicily, and the mas tour’’ was in 1972, yet into the 1990’s he Whereas Bob Hope was awarded 5 special Oscars, the George Peabody Award, and more South Pacific. After the war, he continued his could be found performing for troops in Saudi than 50 honorary degrees; and commitment to freedom and humor with a Arabia during ‘‘Operation Desert Storm.’’ No Whereas, on July 27, 2003, America was Christmas show for troops supporting the Ber- other entertainer has given so much for so greatly saddened by the death of Bob Hope: lin airlift. During the 1970s, he brought joy to long. Now, therefore, be it weary soldiers with Christmas shows at bases Bob Hope’s life also eclipsed the boundaries Resolved, That the House of Representa- or veterans’ hospitals throughout Vietnam. of entertainment. His career covered every tives— 1983 took him to Beirut, and in 1987 he trav- field of entertainment, from vaudeville to (1) honors Bob Hope for his legendary ca- reer as an entertainer, decades of dedicated eled around the world to entertain troops in Broadway, radio to television and film to service to the men and women of the Armed the Pacific, Atlantic, and Indian Oceans. stand-up. His signature song ‘‘Thanks for the Forces, and his many philanthropic and hu- His globetrotting commitment to entertain- Memories’’ won an Academy Award. Although manitarian acts; and ment is unsurpassed, in peacetime or in war. he never won an Oscar himself, Bob Hope (2) expresses condolences on his passing to The Navy has honored him with a class of hosted the Oscars a record 18 times and was his wife Dolores, their children, and grand- ships in his name. Not to be outdone, the Air awarded two honorary Oscars. children. Force named a C–17 The Spirit of Bob Hope. On May 29, 2003, America mourned Bob The SPEAKER pro tempore. Pursu- When I was in Iraq in August, I visited a com- Hope’s death at the age of 100. Although he ant to the rule, the gentlewoman from missary named after Bob Hope and saw first starred in more than fifty films, he may be Michigan (Mrs. MILLER) and the gentle- hand how much his visits to the troops meant most remembered for his role as an honorary woman from California (Ms. WATSON) to them. Our Nation’s only honorary veteran, veteran. This honor, the only one ever award- each will control 20 minutes. Bob Hope’s legacy will be that of a wartime ed, was bestowed on him for his commitment The Chair recognizes the gentle- and peacetime soldier, always fighting to bring to our armed services. While America could woman from Michigan (Mrs. MILLER).

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.026 H30PT1 H8980 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Mrs. MILLER of Michigan. Mr. this country’s star performers. As a States troops stationed around the Speaker, I yield myself such time as I matter of fact, Drew Carey, Bruce Wil- world. During World War II and the Ko- may consume. lis, Wayne Newton, and others have rean and Vietnam wars and even dur- Mr. Speaker, this resolution, of completed USO tours in Iraq. The tour ing peacetime, Bob Hope toured with a which I am a very proud cosponsor, recently visited 13 camps, more than number of USO shows, entertaining honors the life and legacy of Bob Hope. 7,300 troops, with four performances, U.S. troops and earning the title of He dedicated his life to the Nation he and signed over 3,000 autographs. From USO’s Ambassador of Goodwill. loved, and with House Resolution 357 visits by NFL Cheerleaders to come- Over his lifetime, Bob Hope has been we in Congress can honor his life. dians, to singers, Bob Hope was the awarded more honors than any other Bob Hope not only entertained Amer- catalyst for their participation. These entertainer, an achievement that ica, he contributed to the welfare of celebrities are truly committed to con- earned him a place in the ‘‘Guinness our society through his generosity. He tinue USO tours, even in places such as Book of Records.’’ donated more than $1 billion to hos- Iraq. Our troops truly appreciate the Since 1934, Bob Hope has been mar- pitals and charities and civic organiza- participation, and it makes their dif- ried to Delores Reade, whom he met tions. He donated his time, and he ficult service to our Nation more com- when they appeared together on Broad- risked his life for the benefit of his fel- fortable. way in ‘‘Roberta.’’ The couple has four low citizens serving in the Armed Mr. Speaker, Bob Hope loved the USO children. Forces. and, more importantly, loved the Our condolences go out to the Hope Throughout his life, he gave of him- American soldier. Bob Hope and the family and his legion of fans. Mr. Speaker, I have no further re- self to others. He represented the USO’s commitment to be America’s quests for time, and I yield back the United States and its citizens self- link with her men and women in uni- balance of my time. lessly. This Nation is blessed to have form have withstood the test of time. GENERAL LEAVE had the pleasure of knowing him. ‘‘Bob, With the continued dedication of the Mrs. MILLER of Michigan. Mr. thanks for the memories.’’ USO legion of volunteers and chari- Speaker, I ask unanimous consent that Mr. Speaker, I yield such time as he table support from individuals and cor- all Members may have 5 legislative may consume to the gentleman from porations, the USO will provide its days within which to revise and extend Florida (Mr. MILLER), the sponsor of touch of home for as long as we have this well-deserved resolution, and I their remarks on H. Res. 357. those in service to our country. The SPEAKER pro tempore (Mr. commend him for his work on the reso- So to Bob Hope and the USO, I say, lution. SCHROCK). Is there objection to the re- ‘‘Thanks for the memories.’’ quest of the gentlewoman from Michi- Mr. MILLER of Florida. Mr. Speaker, Ms. WATSON. Mr. Speaker, I yield I thank the gentlewoman for yielding, gan? myself such time as I may consume. There was no objection. and I rise today as the co-chair of the Mr. Speaker, the son of a stonemason Mr. REYES. Mr. Speaker, on July 27th, Congressional USO Caucus to mourn and an aspiring concert singer, Bob America mourned the loss of one of its great- the loss of the legendary entertainer Hope had a career that stretched across est citizens when Bob Hope passed away at Mr. Bob Hope, who recently passed the decades. His casual careers in- the age of 100. Our Nation came to know Bob away July 27 at the age of 100. cluded a butcher’s delivery boy, a soda Hope for his great career that spanned stage, The gentleman from Texas (Mr. clerk, shoe salesman, pool hustler and screen, and radio. But it was his unrivaled REYES), who is the co-chair of the Con- boxer, but it was the stage where he commitment to our troops that made him an gressional USO Caucus, and I drafted was most at home. American hero. Hope headlined USO shows this resolution soon after Mr. Hope’s Bob Hope began performing in vaude- during World War II and the Persian Gulf War, death in July. Incidentally, Mr. Speak- ville in the 1920s, performing what he as well as in Korea and Vietnam. Bob Hope er, the gentleman from Texas (Mr. called songs, patter, and eccentric is recognized by the Guinness Book of REYES) regrets he is not able to be dancing. He made his Broadway debut Records as the most honored entertainer in present today for this resolution. How- in 1933 with the musical Roberta. He the world. He has been honored by the enter- ever, he has submitted remarks for the appeared in the 1935 production of the tainment industry, the educational community, CONGRESSIONAL RECORD. Ziegfeld Follies and starred with the every branch of our armed services, and the Bob Hope had an illustrious career legendary Ethel Merman in a produc- United States Congress. He has had more which included more than 1,100 radio tion of Cole Porter’s Red Hot and Blue. than 2,000 awards and citations for humani- shows, 75 movies, and 475 television In addition to his work on the stage, tarian and professional efforts including 54 programs. He has received numerous Hope landed a profitable stint hosting honorary doctorate degrees, and the Presi- accolades, as we have already heard the popular Pepsodent show on NBC dential Medal of Freedom. this afternoon, including five special Radio. His program would air in some In 1997, by an act of Congress, Bob Hope Oscars, the George Peabody Award, and form or another from 1938 until the was made an ‘‘honorary veteran.’’ Upon re- more than 50 honorary degrees. For his 1950s. Bob Hope’s radio fame led him to ceiving the award, Hope said, ‘‘I’ve been given distinguished service, he has received Hollywood, where he appeared in his many awards in my lifetime—but to be num- the Presidential Medal of Freedom first film, The Big Broadcast of 1938. He bered among the men and women I admire awarded in 1969 in honor of his gifts of starred in more than 50 films, but he is most—is the greatest honor I have ever re- joy to all the American people. Most best known for the road movies with ceived.’’ notably, Mr. Hope will be remembered Bing Crosby and Dorothy Lamour. As a combat veteran myself, I was proud to as a selfless entertainer who was be- Though Bob Hope never won a Best welcome Bob Hope among our ranks. Bob loved by our Nation’s Armed Forces. Actor Oscar, he has been awarded two Hope was a great American. He will be Mr. Hope told jokes and entertained honorary Academy Awards and a hu- missed. our Armed Forces overseas and at manitarian award. He made his first Mr. Speaker, I am proud to have been able home for more than five decades. He appearance on television in 1947 when to work with my friend and colleague, Mr. MIL- headlined the USO shows during World he headlined the inaugural broadcast of LER, as a co-author and lead cosponsor of this War II and the Persian Gulf Wars, as KTLA, the first TV station on the West resolution. He and I are the founding Members well as in Korea and Vietnam. For his Coast. and co-chairs of the Congressional USO Cau- unmatched commitment to our Na- cus. I also have the benefit of serving on both 1530 tion’s Armed Forces, Mr. Hope received b the House Armed Services Committee and the the Distinguished Service Medal from In the early 1950s, he appeared fre- House Veterans Affairs Committee with Mr. each branch of the Armed Forces and is quently on ‘‘The Tonight Show’’ with MILLER. As the 137 Members and Senators of the only person, the only person to Johnny Carson and alongside Lucille the Congressional USO Caucus, it is my hope ever be recognized by the United States Ball on her sitcom ‘‘I Love Lucy.’’ that we will be able to support the mission and Congress as an honorary veteran. Beginning in 1953, Hope hosted an an- goals of the USO in Congress in the spirit of Mr. Hope’s legacy continues today as nual Christmas television special, Bob Hope. our troops overseas are treated to a va- many of which were broadcast inter- I encourage my colleagues to support this riety of entertainment headlined by nationally for the sake of the United resolution.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K30SE7.033 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8981 Mr. DREIER. Mr. Speaker, I join with my The Clerk read as follows: pointed special master in arbitration colleagues today to honor and remember the H.R. 2075 and investigating back-room judicial legacy of one of the greatest entertainers, hu- Be it enacted by the Senate and House of Rep- appointments. Passage of H.R. 2075 manitarians, and patriots this country has ever resentatives of the United States of America in maintains our tradition of recognizing known, Bob Hope. Congress assembled, those very special and deserving indi- Whether it was his early vaudeville routines, SECTION 1. JUDGE EDWARD RODGERS POST OF- viduals. his many movies, or his numerous television FICE BUILDING. I applaud our colleague for seeking to specials, Americans always knew they could (a) DESIGNATION.—The facility of the honor Judge Edward Rodgers in this count on Bob Hope for a good laugh. But per- United States Postal Service located at 1905 manner, and I urge the swift passage of West Blue Heron Boulevard in West Palm haps more impressively, Bob Hope selflessly H.R. 2075. dedicated himself to nearly 50 years of enter- Beach, Florida, shall be known and des- Mr. Speaker, I yield 5 minutes to the taining our men and women in uniform. It is ignated as the ‘‘Judge Edward Rodgers Post Office Building’’. estimated that ‘G.I. Bob’ performed for over 10 gentleman from Florida (Mr. (b) REFERENCES.—Any reference in a law, HASTINGS). million American soldiers between World War map, regulation, document, paper, or other II and Operation Desert Storm, an astonishing record of the United States to the facility re- Mr. HASTINGS of Florida. Mr. number that speaks to the depth of his dedica- ferred to in subsection (a) shall be deemed to Speaker, I thank the gentlewoman for tion to our troops. In 1997, in recognition of be a reference to the Judge Edward Rodgers yielding me this time, and I also thank his unfaltering commitment, Congress unani- Post Office Building. the gentlewoman from Florida (Ms. mously voted to name Bob Hope an Honorary The SPEAKER pro tempore. Pursu- ROS-LEHTINEN) for participating and al- Veteran—the first individual so honored in the ant to the rule, the gentlewoman from lowing this to come to the floor. history of the United States. Florida (Ms. ROS-LEHTINEN) and the Mr. Speaker, I rise today in support I was privileged to have known Bob Hope, gentlewoman from California (Ms. of H.R. 2075, a bill to name the Riviera and have many memories of time spent with WATSON) each will control 20 minutes. Beach U.S. Post Office in honor of him and his wonderful wife, Dolores, and their The Chair recognizes the gentle- Judge Edward Rodgers. Eddie was born family. When you were in his presence, you woman from Florida (Ms. ROS- in Pittsburgh, Pennsylvania, and could not help but be in awe of an individual LEHTINEN). moved to West Palm Beach, Florida, in who was virtually unparalleled in his commit- Ms. ROS-LEHTINEN. Mr. Speaker, I 1950, where he met his bride and now- ment to the United States of America. yield myself such time as I may con- deceased wife, who was also a friend of During one of his many commencement ad- sume. mine. dresses, Bob Hope reminded graduating sen- Mr. Speaker, I will defer to my Although he studied political science iors that they would soon take up the torch of friends on the other side of the aisle to as an undergraduate student, he be- freedom and knowledge and that, someday, speak on this worthwhile legislation. came a teacher schooling soldiers at they would pass that torch, burning stronger Mr. Speaker, I reserve the balance of segregated Roosevelt High School in and brighter, on to others. Bob Hope carried my time. West Palm Beach. Before being pro- that torch for over 100 years and has passed Ms. WATSON. Mr. Speaker, I yield moted to assistant principal, Eddie on to all of us a flame that continues to burn myself such time as I may consume. found himself in the position of argu- as a shining example of the virtues of humor, Mr. Speaker, I am representing the ing before the school board for equal love, and patriotism. gentleman from Illinois (Mr. DAVIS) as pay for black teachers, but support was Mr. Speaker, I urge my colleagues to join in a member of the Committee on Govern- not there. The tyranny of segregation honoring the life and legacy of Bob Hope. ment Reform, and I am pleased to join at that time caused him to go to law Mrs. MILLER of Michigan. Mr. the gentleman in consideration of H.R. Speaker, I urge all Members to support school at Florida A&M University 2075, legislation naming a postal facil- where I had the good fortune of meet- adoption of H. Res. 357. I congratulate ity in West Palm Beach, Florida, after the gentleman from Florida (Mr. MIL- ing him and his wife and his children. Judge Edward Rodgers. They all came to law school together. LER) for shepherding this through the H.R. 2075 was sponsored by the gen- The reason I know that story very committee process, and I yield back tleman from Florida (Mr. HASTINGS) on the balance of my time. May 13, 2003. The bill has met the Com- well is I was in Judge Rodgers’ class, The SPEAKER pro tempore. The mittee on Government Reform policy, one of six of us that graduated in that question is on the motion offered by and has been cosponsored by the entire class from Florida A&M University. He the gentlewoman from Michigan (Mrs. Florida delegation. went on to become Palm Beach Coun- MILLER) that the House suspend the Edward Rodgers has lived in West ty’s first black prosecutor and then rules and agree to the resolution, H. Palm Beach since 1950 when he married Palm Beach County’s first black Court Res. 357. West Palm Beach native Gwendolyn of Competent Jurisdiction judge. He The question was taken. would serve in the civil, criminal, and The SPEAKER pro tempore. In the Baker. Mr. Rodgers began his career as a teacher, later becoming an assistant probate courts before retiring in 1995, opinion of the Chair, two-thirds of after 22 remarkable years on the bench. those present have voted in the affirm- principal. In reaction to the injustices of teaching in a segregated society, Mr. His accomplishments are numerous, ative. and I have outlined some of them Mrs. MILLER of Michigan. Mr. Rodgers became an attorney, grad- which I will include for the RECORD. He Speaker, on that I demand the yeas uating from Florida A&M University Law School in 1963. retired in 1995 and then really did not and nays. retire because he went on to seek elect- The yeas and nays were ordered. He went on to become the first black The SPEAKER pro tempore. Pursu- county prosecutor and the first black ed office in Riviera Beach and went to ant to clause 8 of rule XX and the judge in Palm Beach County. Judge work to restore his hometown, which Chair’s prior announcement, further Rodgers served on the bench for 22 he loves so much, as president of the proceedings on this motion will be years before retiring in 1995. On his Riviera Beach City Council. postponed. first run for office in 1999, Judge Rod- Eddie Rodgers is a man that is gers won a seat on the Riviera Beach known for his compassion, for his fair- f City Council, where he presently serves ness, and his strength. He is a man that JUDGE EDWARD RODGERS POST as council chairman. is respected and loved by his peers. In OFFICE BUILDING Mr. Speaker, Judge Rodgers has the entire community of Palm Beach, Ms. ROS-LEHTINEN. Mr. Speaker, I spent a lifetime working hard to assist throughout the State of Florida, and move to suspend the rules and pass the those in need, championing the rights this Nation, he finds himself a loved in- bill (H.R. 2075) to designate the facility of those with drug addictions and those dividual. I am honored to recognize a of the United States Postal Service lo- who are suffering from mental illness. humanitarian activist, a former col- cated at 1905 West Blue Heron Boule- Judge Rodgers has used his legal and league, but most importantly, a great vard in West Palm Beach, Florida, as judicial talent to improve his town, es- friend by naming the Riviera Beach the ‘‘Judge Edward Rodgers Post Office tablishing a Saturday drug court, Post Office in his honor. I obviously Building’’. working as a mediator and court-ap- would urge the adoption of this bill. I

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.036 H30PT1 H8982 CONGRESSIONAL RECORD — HOUSE September 30, 2003 thank Members of the House of Rep- the gentlewoman from Florida (Ms. post office in Pappy’s hometown that resentatives for participating and al- ROS-LEHTINEN) that the House suspend will forever celebrate his loyal service. lowing this fine gentleman to be recog- the rules and pass the bill, H.R. 2075. Mr. Speaker, I want to again recog- nized. I wish him so many more honors The question was taken; and (two- nize the thoughtful work on this legis- because he is certainly deserving. thirds having voted in favor thereof) lation by the gentlewoman from Flor- Mr. HASTINGS. Mr. Speaker, I rise today in the rules were suspended and the bill ida (Ms. CORRINE BROWN), and I am support of H.R. 2075, a bill to name the Riv- was passed. proud to be a cosponsor of H.R. 1882, iera Beach U.S. Post Office in honor of Judge A motion to reconsider was laid on which honors Arthur ‘‘Pappy’’ Ken- Edward Rodgers. the table. nedy, and I urge all Members to sup- Born in Pittsburgh, Pennsylvania, Edward f port its passage. Rodgers moved to West Palm Beach, Florida Mr. Speaker, I reserve the balance of in 1950 after he met and married Palm Beach ARTHUR ‘‘PAPPY’’ KENNEDY POST my time. County native Gwendolyn Baker. OFFICE Ms. WATSON. Mr. Speaker, I yield Although he studied political science as an Ms. ROS-LEHTINEN. Mr. Speaker, I myself such time as I may consume. undergraduate student, he became a teacher, move to suspend the rules and pass the Mr. Speaker, H.R. 1882 designates the schooling soldiers at segregated Roosevelt bill (H.R. 1882) to designate the facility facility of the United States Post Of- High School before being promoted to assist- of the United States Postal Service lo- fice located at 440 South Orange Blos- ant principal. Disturbed by the bureaucratic cated at 440 South Orange Blossom som Trail in Orlando, Florida, as the tyranny of teaching in the segregated South, Trail in Orlando, Florida, as the ‘‘Ar- Arthur ‘‘Pappy’’ Kennedy Post Office. Rodgers set his sight on becoming an attor- thur ‘Pappy’ Kennedy Post Office’’. I am pleased to join with our col- ney. The Clerk read as follows: leagues in the consideration of this bill that will name the post office after He attended Florida A&M University Law H.R. 1882 School and along with myself, was one in a Pappy Kennedy. The bill was sponsored Be it enacted by the Senate and House of Rep- by the gentlewoman from Florida (Ms. six-person class to graduate in 1963. Within 2 resentatives of the United States of America in CORRINE BROWN) on April 30, 2003. The short years, Rodgers was appointed the first Congress assembled, black county prosecutor in Palm Beach coun- bill has met the Committee on Govern- SECTION 1. DESIGNATION. ment Reform policies, and has been co- ty, then the first black judge, and he would The facility of the United States Postal serve in civil, criminal, and probate courts be- Service located at 440 South Orange Blossom sponsored by the entire Florida delega- fore retiring in 1995 after 22 remarkable years Trail in Orlando, Florida, shall be known and tion. on the bench. designated as the ‘‘Arthur ‘Pappy’ Kennedy Arthur ‘‘Pappy’’ Kennedy was born in His accomplishments are many. However, Post Office’’. River Junction, Florida, in 1913. Ten some of his career highlights include helping SEC. 2. REFERENCES. years later, Mr. Kennedy moved to Or- former Governor of Florida Lawton Chiles in- Any reference in a law, map, regulation, lando. He attended high school and col- vestigate allegations that the Palm Beach document, paper, or other record of the lege in the Florida area, and returned County’s Judicial Nominating Commission United States to the facility referred to in to Orlando to work at the Orange Court section 1 shall be deemed to be a reference to Hotel. made back-room judicial appointments. Estab- the Arthur ‘‘Pappy’’ Kennedy Post Office. lishing a Saturday drug court in Riviera Beach, b 1545 The SPEAKER pro tempore. Pursu- West Palm Beach, and Delray Beach to cham- ant to the rule, the gentlewoman from A lifetime member of the NAACP, pion the rights of the mentally ill and drug ad- Florida (Ms. ROS-LEHTINEN) and the Mr. Kennedy volunteered with many dicted. Establishing the Gwen Baker Rodgers gentlewoman from California (Ms. organizations: Meals on Wheels, United Memorial Fund to honor his late wife. Serving WATSON) each will control 20 minutes. Negro College Fund, among others. He as Assistant State Attorney. And working as a The Chair recognizes the gentle- served as a deacon in his church, Shi- mediator and a court-appointed special master woman from Florida (Ms. ROS- loh Baptist, and spent time working in arbitration cases. LEHTINEN). with young people. When he retired in 1995, Judge Edward In 1972, Mr. Kennedy was elected GENERAL LEAVE Rodgers pledged to continue to work to re- Orlando’s first African-American City Ms. ROS-LEHTINEN. Mr. Speaker, I store his town. In fact on his first run for office Commissioner and had the distinction ask unanimous consent that all Mem- in 1999, Rodgers won a seat on the Riviera of being elected by the largest percent- bers may have 5 legislative days within Beach city council, where he presently serves age between contestants in the 101-year which to revise and extend their re- as council chairman. history of the city. Mr. Speaker Judge Rodgers is a man that marks on H.R. 1882. A tireless public servant and advo- is known for his compassion, fairness, and The SPEAKER pro tempore. Is there cate, Arthur ‘‘Pappy’’ Kennedy passed strength. He is a man that is respected and objection to the request of the gentle- away on March 28, 2001. loved by his peers and within his community. woman from Florida? Mr. Speaker, I commend my col- I am honored to recognize a humanitarian, ac- There was no objection. league for seeking to honor the late Ar- tivist, former colleague, but most importantly a Ms. ROS-LEHTINEN. Mr. Speaker, I thur ‘‘Pappy’’ Kennedy in this manner, great friend through naming the Riviera Beach yield myself such time as I may con- and I urge the adoption of the bill. post office in his honor. I urge the adoption of sume. Mr. Speaker, I yield 5 minutes to the the bill. Mr. Speaker, H.R. 1882, introduced by gentleman from Florida (Mr. Ms. WATSON. Mr. Speaker, I yield the gentlewoman from Florida (Ms. HASTINGS.) back the balance of my time. CORRINE BROWN), designates this postal Mr. HASTINGS of Florida. Mr. GENERAL LEAVE facility in Orlando, Florida, as the Ar- Speaker, in light of the fact that the Ms. ROS-LEHTINEN. Mr. Speaker, I thur ‘‘Pappy’’ Kennedy Post Office original sponsor of the bill has arrived, ask unanimous consent that all Mem- Building. All of the Members of the I would like to yield this time to her if bers may have 5 legislative days within Florida delegation have signed on as she is ready, and then I will speak, which to revise and extend their re- cosponsors of this measure. time permitting, after her. marks on H.R. 2075. Mr. Speaker, I am pleased that the With that in mind, I yield to the gen- The SPEAKER pro tempore. Is there House is taking up this legislation that tlewoman from Florida (Ms. BROWN), objection to the request of the gentle- honors Pappy Kennedy. He became the my good friend, and the good friend of woman from Florida? first black city commissioner in the the gentlewoman from Florida (Ms. There was no objection. city of Orlando’s history when he was ROS-LEHTINEN.) Ms. ROS-LEHTINEN. Mr. Speaker, I first elected in 1972. He was truly a de- Ms. CORRINE BROWN of Florida. congratulate the gentleman from Flor- voted public servant, just the kind of Mr. Speaker, first of all, let me thank ida (Mr. HASTINGS) for having the person who ought to be honored by this the gentleman from Florida (Mr. House consider his bill, and I yield House. Pappy Kennedy sadly passed HASTINGS) for his support in helping to back the balance of my time. away earlier this year on March 28. get this bill to the floor and the gen- The SPEAKER pro tempore. The With passage of this legislation, this tleman from Florida (Mr. CRENSHAW), question is on the motion offered by Congress can appropriately name a in fact, the entire Florida delegation.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.037 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8983 I am delighted to introduce this bill my chief of staff in my office here, Pappy Kennedy in 1976 helped open the which designates the facility of the where I am privileged to serve in the doors of public service for African United States Postal Service located United States Congress. Americans throughout Florida. As 440 South Orange Blossom Trail in Or- While Pappy may not be with us someone who worked to break down lando as the Arthur ‘‘Pappy’’ Kennedy today to see this honor bestowed upon the walls of racial injustice with Pappy Post Office. him, I know that his son and daughter Kennedy, the gentlewoman from Flor- Arthur ‘‘Pappy’’ Kennedy was and six grandchildren and 11 great ida (Ms. CORRINE BROWN), Carrie Meek Orlando’s first African-American City grandchildren, and I note that some of and others, it is an honor and privilege Commissioner. He was elected to the them are with us today, share in the to speak on the floor of the House of Orlando City Council in 1972, reelected joy and excitement of this historic day. Representatives today in support of in 1976, and served until 1980. Born in As previously mentioned, Pappy was this bill. River Junction, Florida, in 1913, his born in River Junction, Florida. I know His life was one filled with political, family moved to Orlando where he at- where River Junction is; most Florid- religious and civic activism of the tended the Johnson Academy and ians do not. The reason I know about highest level. He inspired many, in- Jones High School. Upon graduation, little towns is I am from Altamont cluding myself, and the bill that this he attended Bethune-Cookman College, Springs, Florida, which is 10 miles body is considering today is an appro- a Historically Black College in my dis- north of where Pappy made most of his priate tribute to a true American hero. trict in Daytona Beach. career. At the young age of 10, he I urge my colleagues to support H.R. There was no stronger advocate of moved to Orlando where he would at- 1882. Ms. WATSON. Mr. Speaker, I yield 2 higher education than Pappy Kennedy. tend high school and become a pioneer minutes to the gentlewoman from A man always involved in the commu- in breaking down racial barriers. Throughout his life, Pappy Kennedy Florida (Ms. CORRINE BROWN). nity, he was the organizer of the Or- Ms. CORRINE BROWN of Florida. spoke up for those who could not speak lando Negro Chamber of Commerce, Mr. Speaker, I would like to ask the for themselves, motivated others to president of the Jones High School gentleman from Florida (Mr. HASTINGS) Parent-Teacher Association, and in- improve their lives and was a tireless a question. While we are all in the strumental in organizing of the Orange advocate for the poor and oppressed. Third Congressional District very ex- In 1976, as previously mentioned, he County Parent-Teacher Council. He cited about the naming of the post of- also worked with many, many organi- became the first African American to fice, I have gotten many comments zations including the Meals on Wheels, be elected to the Orlando city council. about the status of this particular post the United Negro College Fund, and the His popularity amongst the voters was office. I have contacted U.S. Postal NAACP. obvious by virtue of the strength of the personnel. I would like for the gen- Yet, for all of his accomplishments, vote that he pulled in his election and tleman and other Members to work to Arthur ‘‘Pappy’’ Kennedy is best then in his reelection, the largest vic- get it upgraded so it can be the quality known for being Orlando’s first Afri- tory to date of any Orlando commis- that we all want representing Pappy can-American City Commissioner. sioner. His election to the city council Kennedy. And when elected, he had the distinc- ended a string of unsuccessful attempts Mr. HASTINGS of Florida. If the gen- tion, according to the Orlando City by African Americans to gain represen- tlewoman will yield, I can assure her Clerk’s Office, of being elected by the tation in Orlando’s political arena. His that I will work tirelessly in that ef- largest percentage among contestants election also paved the way for many fort and the previous naming of a post in the 101-year history of the city. women to successfully run for political office is of a post office in a very simi- I am honored to recognize one of office in Orange County. While serving lar condition in Riviera. I rather sus- Florida’s stellar native Floridians with on the council, he led the fight for sin- pect that they should be brought to the this Post Office designation. gle-member districts in Orlando. That quality of all of the postal services, and In closing, it is my understanding change in election procedure resulted the gentlewoman, myself and other that the Kennedy family is in the in the number of African Americans members of the Florida delegation I Washington area, and I would like to serving on the city council to double am sure will do everything we can, es- welcome them and thank all of them and others to go on to serve on the pecially for the one for Arthur for their inspiration and support in the county commission and school board ‘‘Pappy’’ Kennedy. life of this heroic civil rights leader, and the State legislature. Ms. CORRINE BROWN of Florida. I Arthur ‘‘Pappy’’ Kennedy. Interestingly, the change in election thank the gentleman. I urge all of the Members to support procedure that he so tirelessly fought Ms. WATSON. Mr. Speaker, I yield the naming of this post office. for actually placed his political future myself such time as I may consume. Ms. ROS-LEHTINEN. Mr. Speaker, I in jeopardy. Yet despite the risk, I will work with my colleagues to see have no other speakers. I want to again Pappy’s popularity prevailed, and he that the upgrading of this post office congratulate my colleague, the gentle- served on the city council for a total of happens. Mr. Speaker, I have no further re- woman from Florida (Ms. CORRINE 7 years. In addition to politics, he was quests for time, and I yield back the BROWN), for her work on this meaning- a civic activist in the truest sense. He balance of my time. ful legislation. helped organize the former Orlando The SPEAKER pro tempore (Mr. Mr. Speaker, I yield back the balance Negro Chamber of Commerce and was SCHROCK). The question is on the mo- of my time. an active volunteer for the United tion offered by the gentlewoman from Ms. WATSON. Mr. Speaker, I yield 5 Negro College Fund, the NAACP, Meals Florida (Ms. ROS-LEHTINEN) that the minutes to the gentleman from Florida on Wheels and the Chamber of Com- House suspend the rules and pass the (Mr. HASTINGS). merce. Mr. Kennedy also served as bill, H.R. 1882. Mr. HASTINGS of Florida. Mr. president or chairman of the Jones The question was taken; and (two- Speaker, I rise today in tremendous High School Parent-Teacher Associa- thirds having voted in favor thereof) support of H.R. 1882, a bill to name an tion, the Orange County United Ap- the rules were suspended and the bill Orlando, Florida, Post Office after Ar- peal, the Orange County Heart Fund was passed. thur ‘‘Pappy’’ Kennedy. and the Orange County Easter Seal A motion to reconsider was laid on I am especially pleased because the campaign. the table. bill recognizes the accomplishments of It has been said that the true success f a political trailblazer for all of us in of a leader must not only be measured Florida, and, especially for African by what he or she accomplishes while AMENDING HIGHER EDUCATION Americans. I am further pleased by vir- they are in a position to lead, but also ACT OF 1965 WITH RESPECT TO tue of the fact that among the great in the size of the footprint that they QUALIFICATIONS OF FOREIGN things that Arthur ‘‘Pappy’’ Kennedy leave behind. The footprint Pappy Ken- SCHOOLS produced, children of his that are nedy left remains visible today in Or- Mr. BOEHNER. Mr. Speaker, I move friends of mine, including one of them, lando and throughout the State of to suspend the rules and pass the Sen- his son, who is named Arthur as well, is Florida. The walls broken down by ate bill (S. 570) to amend the Higher

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.041 H30PT1 H8984 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Education Act of 1965 with respect to When drafting the legislation in 1998, States and had to look elsewhere to the qualifications of foreign schools. an amendment intended to extend eli- complete their training. At the same The Clerk read as follows: gibility to a for-profit veterinary time, the demand for veterinarians S. 570 school inadvertently removed the eligi- across our Nation is very high. In 2001, Be it enacted by the Senate and House of Rep- bility of not-for-profit and public for- the typical recent graduate averaged resentatives of the United States of America in eign veterinary schools from participa- almost three job offers upon gradua- Congress assembled, tion in the Title IV Federal Family tion. SECTION 1. FOREIGN SCHOOL ELIGIBILITY. Education Loan Program. S. 570 cor- Clearly, reputable foreign veteri- (a) IN GENERAL.—Section 102(a)(2)(A) of the rects the problem by clarifying that narian medical colleges are key to sup- Higher Education Act of 1965 (20 U.S.C. the in-State clinical training require- plying the growing demand for highly 1002(a)(2)(A)) is amended to read as follows: ment, intended only for for-profit insti- qualified veterinarians. S. 570 would ‘‘(A) IN GENERAL.—For the purpose of qualifying as an institution under paragraph tutions, does not apply to not-for-prof- correct the error we made in 1998 and (1)(C), the Secretary shall establish criteria it or public foreign institutions. These restore the ability of students studying by regulation for the approval of institutions institutions still must meet all other at foreign veterinary medical colleges outside the United States and for the deter- statutory and regulatory requirements to apply for and, if eligible, receive mination that such institutions are com- to be eligible for participation. S. 570 Pell grants, student loans, and other parable to an institution of higher education simply makes clear that not-for-profit Federal aid. as defined in section 101 (except that a grad- and public foreign veterinary institu- Today, more than 150,000 U.S. citi- uate medical school, or a veterinary school, tions need not have their approved located outside the United States shall not zens studying at foreign institutions of be required to meet the requirements of sec- clinical training take place in the higher learning receive $250 million in tion 101(a)(4)). Such criteria shall include a United States. Federal student aid. American students requirement that a student attending such b 1600 attending foreign veterinary schools school outside the United States is ineligible should also have access to Federal The legislation is noncontroversial. for loans made, insured, or guaranteed under grants and student loans. It is bipartisan, and this error should part B of title IV unless— This legislation will correct the ‘‘(i) in the case of a graduate medical be corrected immediately. Students are misstep we made in 1998 and allow hun- school located outside the United States— now feeling the effects of this glitch, dreds of students to complete their de- ‘‘(I)(aa) at least 60 percent of those en- and it is unfairly hindering students grees and realize their dreams. It has rolled in, and at least 60 percent of the grad- seeking to complete their education. bipartisan support; and like the chair- uates of, the graduate medical school outside As they return to school, they should the United States were not persons described man of the committee, I urge my col- not have studies thwarted by a legisla- in section 484(a)(5) in the year preceding the leagues to support this legislation and tive drafting error. The effects of this year for which a student is seeking a loan ensure the fair treatment of all stu- problem are being felt by several of my under part B of title IV; and dents. ‘‘(bb) at least 60 percent of the individuals constituents, one specifically being Ms. who were students or graduates of the grad- Beverly Breeden, a resident of Celina, Ms. JACKSON-LEE of Texas. Mr. Speaker, uate medical school outside the United Ohio, and a veterinary student at the I rise in support of S. 570, an Act to amend States or Canada (both nationals of the Royal Veterinary College in London. the Higher Education Act of 1965 with respect United States and others) taking the exami- She is extremely concerned that she to qualifications of foreign schools. This nations administered by the Educational amendment revises the requirements of the Commission for Foreign Medical Graduates may not be able to complete her stud- ies should this legislation not pass. She Higher Education Act of 1965 to allow stu- received a passing score in the year pre- dents studying in nonprofit public veterinary ceding the year for which a student is seek- has worked hard, and I want to ensure ing a loan under part B of title IV; or that she is able to return to school in schools abroad to participate in the Family ‘‘(II) the institution has a clinical training October and finish her studies. Education Loan Program. program that was approved by a State as of So I urge my colleagues to vote The higher education act of 1965 was January 1, 1992; or ‘‘yes’’ today on S. 570 and allow stu- signed into law on November 8, 1965 ‘‘to ‘‘(ii) in the case of a veterinary school lo- dents to complete their education and strengthen the educational resources of our cated outside the United States that does training without unintended interrup- colleges and universities and to provide finan- not meet the requirements of section tions. cial assistance for student in post secondary 101(a)(4), the institution’s students complete and higher education.’’ We must maintain the their clinical training at an approved veteri- Mr. Speaker, I reserve the balance of nary school located in the United States.’’. my time. integrity of this important program. This (b) EFFECTIVE DATE.—This Act and the Mr. VAN HOLLEN. Mr. Speaker, I amendment ensures that those students who amendments made by this Act shall be effec- yield myself such time as I may con- choose to attend veterinary schools located tive as if enacted on October 1, 1998. sume. outside the United States can still benefit from The SPEAKER pro tempore. Pursu- I thank the chairman of the com- the all-important financial assistance provided ant to the rule, the gentleman from mittee for bringing this bipartisan leg- by the Higher Education Act. Ohio (Mr. BOEHNER) and the gentleman islation to the floor of the House, and A substantial number of students studying from Maryland (Mr. VAN HOLLEN) each I am pleased to support this amend- abroad have been medical, dental, or veteri- will control 20 minutes. ment to the Higher Education Act nary students. These students are able to The Chair recognizes the gentleman which corrects the mistake that, as the broaden their understanding of the medical from Ohio (Mr. BOEHNER). chairman said, was made as part of the practice and return home with an enlightened GENERAL LEAVE 1998 Higher Education Act reauthoriza- perspective that benefits those of us who will Mr. BOEHNER. Mr. Speaker, I ask tion. We heard the story about the be treated here in the United States by these unanimous consent that all Members chairman’s constituent. Many others practitioners. may have 5 legislative days in which to studying abroad now find themselves in Traditionally, many medical students have revise and extend their remarks on S. a similar predicament and unable to hesitated to study abroad fearing that they 570. pay for college. Many more find them- would endanger their professional prospects. The SPEAKER pro tempore. Is there selves cut off after years of investment, We now know that the experience gained by objection to the request of the gen- both financial and personal, and face medical students who successfully study tleman from Ohio? the prospect of having to abandon their abroad considerably enhances their ability to There was no objection. dream of becoming a veterinarian. move into their professional careers. Mr. BOEHNER. Mr. Speaker, I yield Currently, there are only 27 schools The Higher Education Act was and still is a myself such time as I may consume. of veterinary medicine in the United response to the concern President Johnson Today I rise in support of the bill, S. States offering approximately 2,300 expressed in 1965 about the need for more 570. The legislation is very simple in its slots to first-year students. In the year higher education opportunities for lower and purpose. It will correct a drafting error 2000, more than 6,700 students applied middle-income families, program assistance made years ago during the 1998 reau- for one of these limited slots. Many for small and less developed colleges, addi- thorization of the Higher Education highly qualified applicants were denied tional improved library resources at higher Act. admission to school in the United education institution, and utilization of college

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K30SE7.044 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8985 and university resources to help deal with na- (1) honors the life and accomplishments of of acoustic guitar great Mother tional problems like poverty and community Johnny Cash; Maybelle Carter, a member of ‘‘the development. (2) recognizes and honors Johnny Cash for first family of country music.’’ S. 570 allows veterinary students studying his invaluable contributions to the Nation, Johnny Cash’s deep sense of reality Tennessee, and our musical heritage; and abroad in nonprofit public veterinary schools to (3) extends condolences to the Cash family pours out in that gravelly voice that participate in the Higher Education Act’s Fed- on the death of a remarkable man. we all loved with songs like ‘‘Folsom eral Family Education Loan Program. We Prison Blues’’ and the legendary ‘‘Ring The SPEAKER pro tempore. Pursu- must maintain the purpose of the Higher Edu- of Fire’’ co-written with June Carter ant to the rule, the gentlewoman from cation Act of 1965 and provide financial re- Cash. He garnered 11 Grammys and at Tennessee (Mrs. BLACKBURN) and the sources to those students who qualify whether age 71 was in no way slowing down cre- gentleman from Maryland (Mr. VAN they are at home or abroad. atively. Just a few weeks ago, he was HOLLEN) each will control 20 minutes. Mr. VAN HOLLEN. Mr. Speaker, I posthumously named the top honoree The Chair recognizes the gentle- yield back balance of my time. at the Americana Music Awards in woman from Tennessee (Mrs. Mr. BOEHNER. Mr. Speaker, I have Nashville. BLACKBURN). no further requests for time, and I His legacy is his music, and it will yield back the balance of my time. GENERAL LEAVE surely go on with hits like ‘‘I Walk the The SPEAKER pro tempore (Mr. Mrs. BLACKBURN. Mr. Speaker, I Line’’; ‘‘Big River’’; and the hit he co- SCHROCK). The question is on the mo- ask unanimous consent that all Mem- wrote with fellow outlaw Kris tion offered by the gentleman from bers may have 5 legislative days within Kristofferson, ‘‘Sunday Morning Com- Ohio (Mr. BOEHNER) that the House sus- which to revise and extend their re- ing Down.’’ Kris Kristofferson was pend the rules and pass the Senate bill, marks on House Concurrent Resolution right when he said Johnny Cash rep- S. 570. 282. resented what was great about Amer- The question was taken; and (two- The SPEAKER pro tempore. Is there ica. His profound faith, resiliency, and thirds having voted in favor thereof) objection to the request of the gentle- unwillingness to be labeled by the the rules were suspended and the Sen- woman from Tennessee? music industry will certainly shape the ate bill was passed. There was no objection. legacy of one of the greatest American A motion to reconsider was laid on Mrs. BLACKBURN. Mr. Speaker, I artists. This American icon will be the table. yield myself such time as I may con- missed, but he will be remembered f sume. through his music. Mr. Speaker, I rise today in support HONORING THE LIFE OF JOHNNY I commend the gentleman from Ten- of House Concurrent Resolution 282, of- CASH nessee for his leadership in offering fered by the gentleman from Tennessee this concurrent resolution to honor the Mrs. BLACKBURN. Mr. Speaker, I (Mr. COOPER). House Concurrent Reso- life of Johnny Cash, and encourage my move to suspend the rules and agree to lution 282 honors the life and musical colleagues to adopt the measure. the concurrent resolution (H. Con. Res. legacy of Johnny Cash, a man who was Mr. Speaker, I reserve the balance of 282) honoring the life of Johnny Cash, a poet, a scholar, and a world famous my time. as amended. music icon, as well as a loving husband Mr. VAN HOLLEN. Mr. Speaker, I The Clerk read as follows: and father. yield myself such time as I may con- H. CON. RES. 282 I would like to take this opportunity sume. Whereas Johnny Cash was one of the most to commend the gentleman from Ten- I rise in support of this concurrent influential and recognized voices of Amer- nessee (Mr. COOPER) for introducing resolution to honor the life and con- ican music throughout the world, whose in- this important legislation. I would also fluence spanned generations and musical tributions of Johnny Cash. Johnny genres; like to thank Senator LAMAR ALEX- Cash, as we all know, had a long and Whereas Johnny Cash was born on Feb- ANDER for introducing the Senate distinguished music career, becoming ruary 26, 1932, in Kingsland, Arkansas, and version, which was passed by that body one of the most imposing and influen- moved with his family at the age of 3 to on September 18, 2003. tial figures in post-World War II coun- Dyess, Arkansas, where the family farmed 20 It was no wonder that September 12 try music. He is one of the only artists acres of cotton and other seasonal crops; was a dark and dreary day in Nashville. to be enshrined in the Rock and Roll Whereas those early years in the life of It was the day we lost the Man in and Country Music Hall of Fame. Johnny Cash inspired songs such as ‘‘Look at Black. Johnny Cash died early that Cash did not sound like Nashville, Them Beans’’ and ‘‘Five Feet High and Ris- ing’’; morning at Baptist Hospital in Nash- nor did he sound like honky-tonk or Whereas Johnny Cash eventually released ville from diabetes complications. He rock and roll. He created his own more than 70 albums of original material in was an outlaw, he was a songwriter, he unique sound, his own type and blend his lifetime, beginning with his first record- was a born-again Christian; and for 5 of music, revolutionizing the world of ing in 1955 with the Tennessee Two; decades Johnny Cash entertained mil- country music. In creating that sound, Whereas Johnny Cash was a devoted hus- lions, millions of people around the he released over 70 albums. In addition, band to June Carter Cash, a father of 5 chil- world with songs of love and death and he was one of the most successful coun- dren, and a grandfather; good times and bad. All of his career, try artists of the 1950s and 1960s, scor- Whereas Johnny Cash received extensive recognition for his contributions to the mu- Johnny Cash wrote songs for the com- ing well over 100 hit singles. These are sical heritage of the Nation, including mem- mon man. From his upbringing in rural amazing feats that few musicians have bership in the Grand Ole Opry; induction northeastern Arkansas to the height of accomplished and even fewer are likely into the Nashville Songwriters Hall of Fame, his stardom in the 1960s, Johnny Cash to repeat. the Country Music Hall of Fame, and the always connected with the common Cash’s career coincided with the Rock and Roll Hall of Fame; and his receipt man. birth of rock and roll. Johnny Cash was of numerous awards, including Kennedy Cen- Johnny’s career began in Memphis not just another musician, however. ter Honors, 11 Grammy Awards, and the 2001 alongside Elvis Presley. There, with Rather, his later albums would show National Medal of Arts; Whereas Johnny Cash embodied the cre- legendary recording great Sam Phillips his deep sense of history. He illustrated ativity, innovation, and social conscience of Sun Records, he recorded ‘‘Cry! Cry! his understanding with a series of his- that define American music; Cry!’’ and that put him on the map. By torical albums. These albums were fo- Whereas Johnny Cash was a vocal cham- 1956 he was recognized as one of coun- cused on the downtrodden, the common pion of the downtrodden, the working man, try music’s rising stars when he joined man, and also the plight of Native and Native Americans; and the Louisiana Hayride and the Grand Americans in our country. Whereas the Nation has lost one of its Ole Opry. Although he struggled Johnny Cash has made an indelible most prolific and influential musicians with through drug abuse, Johnny Cash found mark on American society. While we the death of Johnny Cash on September 12, 2003, in Nashville, Tennessee: Now, therefore, a soul mate in June Carter Cash. It was have lost one of our great musical art- be it with her loving support that he was ists of the last 50 years, his songs will Resolved by the House of Representatives (the able to make it through those tough continue to impact generations to Senate concurring), That the Congress— times. In 1968 he married this daughter come.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.037 H30PT1 H8986 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Mr. Speaker, I yield the balance of joined us on the Committee on the Ju- from Tennessee have already said it, he my time to the gentleman from Ten- diciary in fighting for our songwriters was indeed an icon and will indeed be nessee (Mr. COOPER), who has the great and also a gentleman who several years missed. The man in black, always privilege of representing Nashville and ago I had the opportunity to have as standing up; always, almost without who introduced this concurrent resolu- my guest at the Grand Ole Opry and to exception, standing up for the under- tion; and I ask unanimous consent that celebrate some of this wonderful coun- dog, standing up for the other guy. He he be allowed to control the balance of try music that we are speaking of will indeed be missed. my time. today. Mr. COOPER. Mr. Speaker, many of The SPEAKER pro tempore. Is there Mr. COBLE. Mr. Speaker, I thank the our colleagues wish they could be here objection to the request of the gen- gentlewoman from Tennessee for yield- today, particularly our friend, the gen- tleman from Maryland? ing me this time. tleman from Arkansas (Mr. ROSS). I There was no objection. Mr. Speaker, some years ago when I yield such time as he may consume to Mr. COOPER. Mr. Speaker, I yield sat as a member of the House Com- our friend, the gentleman from Illinois myself such time as I may consume. mittee on the Judiciary’s Courts, the (Mr. DAVIS), who is here today. I thank the gentleman from Mary- Internet, and Intellectual Property Mr. DAVIS of Illinois. Mr. Speaker, I land (Mr. VAN HOLLEN) for yielding me Subcommittee, we had an occasion to want to commend the gentleman from this time. We have a number of speak- resolve a copyright matter, which of Tennessee for his introduction of this ers on this side, and I would like to course brought many entertainers and legislation. Though the gentleman yield to them. I am particularly appre- performers to Capitol Hill that day. from Arkansas (Mr. ROSS) could not be ciative of the gentlewoman from Ten- Johnny Cash and June Carter Cash, here, I, too, grew up in Arkansas; and I nessee (Mrs. BLACKBURN) and the gen- and I believe his agent was with him, grew up listening to the Grand Ole tleman from Tennessee (Mr. GORDON). came into my office prior to the meet- Opry. I grew up as a tremendous fan of Mr. Speaker, I yield such time as he ing just to say hello. I left him in my country music, but I grew up more of a may consume to the gentleman from office and went down to the meeting, fan of the gentleman that we revere Tennessee (Mr. GORDON). and when he appeared as a witness, he and discuss today. Because of his ‘‘Fol- Mr. GORDON. Mr. Speaker, I thank proudly announced that he had just som Prison Blues,’’ as a matter of fact, the gentleman from Tennessee (Mr. left my office where he had sat in my the fact that here was a gentleman who did, in fact, represent the downtrodden COOPER) for bringing this very worth- chair. but who took his music into the pris- while concurrent resolution before us. b 1615 I was standing by my window ons; and as a result of the ‘‘Folsom On a cold and cloudy day Well, I thought it was I who would be Prison Blues,’’ it caused people to When I saw the hearse come rollin’ proud that he sat in my chair in my of- begin to look at prisons and life in pris- For to take Johnny away. fice, and I told him that. He was a very on in a different way. As a matter of good witness; I remember it very viv- fact, right now, there are more than 2 Will the circle be unbroken? idly. And we resolved the copyright million people who are incarcerated in By and by, Lord, by and by, matter favorably for all concerned. It this country, almost 1 million of them There’s a better home a-waitin’ is one of those issues where neither coming home each year. In the sky, Lord, in the sky. side was ecstatic about it, but both Johnny Cash means more than just I told the undertaker, sides could live with it. the music. He means part of a tradition ‘‘Undertaker, please drive slow, Subsequently, I saw a replay of a in our country. I think I may not have For this body you are haulin’ Larry King interview, and perhaps 70 of those albums, but I must have at Lord, I hate to see him go.’’ many of my colleagues saw it when he least 15 or 20, and whenever I want to Johnny Cash was a constituent of interviewed Cash. Johnny Cash told really connect, I just sit back and lis- mine who lived in Hendersonville, Ten- King that night on the interview that ten. So Johnny has made a tremendous nessee. I have listened to his music he recalled one time when he had been impact on the history and development most of my life. He was a true legend arrested, I believe in Georgia, and of culture in our country. Again, I commend the gentleman who inspired countless musicians from spent the night in jail. And the jailer from Tennessee for the introduction of all walks of life for nearly 5 decades. came the next day, and Johnny Cash this legislation, I urge its swift pas- His music transcended traditional said that the jailer threw the money sage, celebrating the life and legacy of boundaries. He was as much an influ- and his clothes on the counter and Johnny Cash. ence in rock and roll, pop, and alter- said, I do not want to see you here any Mr. COOPER. Mr. Speaker, I yield native music, as he was in country more. He said, my wife is a Johnny myself such time as I may consume. music. Cash fan; and she cried all night when I appreciate the gentleman’s kind re- Johnny Cash is one of only a handful I told her that you were in my jail. marks about the legacy of a truly great of artists to be inducted into the Coun- Now, you get out of here. man. try Music, Rock and Roll, and Nash- Tough love I think is what it It is not everyone who not only ville Songwriters Hall of Fame. The amounted to. I think that jailer was makes the front page of the hometown Man in Black’s life began as the hum- saying to him, now, listen, pal, you newspaper, the only front page I have ble son of a sharecropper who toiled in caused me a tough night last night; my ever seen entirely in black, but who the cotton fields of Arkansas, but he wife is upset at me for having you here. also makes the front page of Time never forgot his simple beginnings even Get yourself squared away. I think he Magazine, People Magazine and, yes, as he became one of the world’s best- did. He obviously did get himself no less than Rolling Stone itself. selling solo musicians. squared away. There were some comments in here Johnny Cash was just as comfortable Many years ago, perhaps many of my from some truly remarkable artists performing in a maximum security colleagues were with me here in Wash- who have this to say about the passing prison as he was in receiving the 2001 ington when the four outlaws, as the of Johnny Cash. National Medal of Arts award. He re- gentlewoman from Tennessee men- Bob Dylan said, ‘‘Johnny was and is corded more than 1,500 songs in his life tioned, Johnny Cash, Kris the North Star. You could guide your and won 11 Grammys. Johnny Cash left Kristofferson, Willie Nelson and ship by him, and he is the greatest of this world on September 12, but his leg- Waylon Jennings, each of whom I am the greats, then and now.’’ acy lives on through his music and sure were regarded as outlaws by the Merle Haggard said, ‘‘He was like through those whom he has mentored profession, but they made one tremen- Abraham or Moses, one of the great in his 71 years of life. So, yes, the circle dous quartet here that night; and it men who will ever grace the Earth. will be unbroken. was a sold-out crowd here in Wash- There will never be another man in Mrs. BLACKBURN. Mr. Speaker, I ington. I vividly remember it. black.’’ yield such time as he may consume to As has already been said, the gen- Kris Kristofferson pointed out he the gentleman from North Carolina tleman from Tennessee, the gentleman thought, ‘‘The power of his perform- (Mr. COBLE), a gentleman who has from Maryland and the gentlewoman ance came from the tension between

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.049 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8987 this man who was deeply spiritual and He read James Fenimore Cooper and Mrs. BLACKBURN. Mr. Speaker, I also a real wild man.’’ Sir Walter Scott in particular at that yield myself such time as I may con- The fact of Johnny Cash’s passing time and everything he could find on sume. has been noted by people around the the American Indian, not so much to Again, I commend the gentleman world with great sadness, but I thought escape as to enjoy the sense of dis- from Tennessee (Mr. COOPER) for his ef- one of the best obituaries in his honor covery. He carried this exploratory forts, and the gentleman from Ten- was written by a noted music author, spirit with him into the world, a world nessee (Mr. GORDON) for his efforts in Peter Guralnick; and it appeared in in which he achieved a degree of celeb- recognizing his constituent. The New York Times. He said as fol- rity and fame far beyond anything he The gentleman from Tennessee (Mr. lows: ‘‘Only those who were there at might ever have imagined and long COOPER) spoke a little bit about John- the beginning can remember how dif- past the point that most people would ny Cash’s ambitions for his music, and ferent he really was. The records, when gladly have settled for the simple defi- I think that we can see that, because they first started coming out on the nition of success. we have people all across the spectrum, Sun label in 1955, in the wake of Elvis ‘‘He used his success, in fact, to pro- those who are young and old, who ap- Presley’s success, sounded ‘so unusual,’ vide a voice for the downtrodden, the preciate his music, and who learned said the Sun session guitarist Roland lost souls and lost causes that might from what he does. Janes, ‘that I never would have otherwise have found no place in the I think it is important to note, too, dreamed he could have even gotten a American dream. He used his knowl- that it was very important to Johnny record played on the radio. But he set edge and passion for every sort of Cash that he mentor others; and that was not lost on his children and his country music on its ear.’ music, for the blues of Robert Johnson, ‘‘It was the voice that compelled at- the gospel music of his fellow Arkan- grandchildren and the talents that tention from the start. It was a voice san, Sister Rosetta Tharpe, the Texas they possess and the talents that they that the founder of Sun Records, Sam folk songs collected by J. Frank Dobie, are bringing forward in the music in- dustry today. Phillips, compared to the blues singer to set out in new and inventive direc- We appreciate so much this body Howlin’ Wolf’s in its uniqueness, the tions of his own. When he got a net- work television show in the late 1960s, joining together to honor not only unimpeachable integrity and origi- Johnny Cash’s life and the impact that nality of its sound. But it was the con- he not only presented such unlikely countercultural figures such as Bob he had on the music industry but the viction behind the voice that really al- legacy. lowed Johnny Cash to create a body of Dylan and Pete Seeger to a predomi- nantly country audience, he also regu- Mr. ROSS. Mr. Speaker, I rise today to pay work as ambitious in its scope as it tribute to the late Johnny Cash, one of our was homespun in its sound. larly incorporated a vivid lesson in mu- sical and social history in a filmed se- most well known singer/songwriters who was ‘‘He carried that conviction with him born in a little-known town in my district from the time he first entered the tiny quence called ‘Ride This Train.’ ‘‘Johnny Cash’s imagination took named Kingsland. Sun studio in Memphis in the fall of Kingsland, Arkansas is a little town of 449 1954. He was just out of the Army, sell- him along widely divergent paths. There was, as he often remarked, no residents that lies just west of the Mississippi ing home appliances door-to-door and Delta, the fertile ground out of which grows playing with a trio of musicians barely safe harbor for the creative soul. He was tormented by demons that he our nation’s finest food and fiber. Out of this conversant with the instruments that land also grows much hardship—it is sparsely they were playing: a guitarist who could not always control, but he never sought excuses. He simply sought the populated by farmers whose fortune is subject played one note at a time because he to the whims of nature. It gave birth to the did not know any other way to do it, a truth. ‘‘This was what continued to give blues, and to Johnny Cash. base player who had just switched over Cash was born in the wake of the Great De- Johnny Cash’s music relevance over from the guitar and had not yet pression, the fourth of five children in a cotton the years. Through imagination he pos- farming family. He picked cotton with his learned how to tune his instrument, sessed a gift for empathetic trans- hands, sang hymns at the Central Baptist and a steel guitar player who would ference; unlike many artists, he was Church, and sought higher ground at Pine drop out of the picture altogether be- able to take on other voices and make Bluff when the great flood of 1937 sent the fore they even made a record. They them his own. His music celebrated the Mississippi’s waters spilling into his family’s worked and worked until, after nearly power of the individual, but his empha- 6 months, they finally came up with cotton fields in Dyess, covering them with the sis on directness and simplicity made a black Mississippi mud that the next year pro- something that reflected the honesty, complex, and sometimes contradictory, originality, and, above all, the spon- duced the best cotton crop they’d ever seen— message accessible to all. His, as Sam hardship and glory wrapped up in a busted taneity and emotional truth that both Phillips once said, was the truest voice Sam Phillips and Johnny Cash particu- levee that soaked his livelihood and sealed his because it was so irremediably his own, fate as the champion of the downtrodden. larly prized. This low-tech approach but it was a universal voice, too, for was the perfect vehicle certainly for Johnny Cash’s music transcended genres the very way in which it incorporated and generations to touch us all with stories of the plain-spoken quality of Johnny a constant sense of striving and strug- Cash’s message, but the method of de- struggle—sometimes ending in triumph, but gle, an irreducible awareness, and em- usually ending in trouble. His adventurous bal- livery does not come close to explain- brace, of the human stain.’’ ing the majesty or the ambition of his lads and lamenting dirges could bring us down Mr. Speaker, Johnny Cash was like to the darkest depths of life at the same time art. no other. As I mentioned earlier, his ‘‘To understand that, one has to fac- his spirituals lifted us up to heaven. loss was mourned around this globe. He was bold. He was bad. He was brave. tor in the power of imagination. John From young people who like ‘‘Nine He made his peace with man and with God Cash, he was named ‘Johnny’ by Sam Inch Nails’’ and the song ‘‘Hurt’’ and through his songs. He sang of outlaws and Phillips, grew up in the Federal ‘col- who thrilled to the video, perhaps one heroes, cowboys and killers, soldiers and ony’ of Dyess, Arkansas, a social exper- of the best ever made, to the oldest of lovers, and even a boy named Sue. He was iment with a socialist setup really, as country music fans who remember tun- country, folk, and rock and roll. Johnny Cash Johnny Cash himself described it, that ing in to the Grand Ole Opry in their didn’t sing to simply earn a living, he sang be- was done by President Franklin Roo- youth. So we appreciate this moment, cause he had much to tell. sevelt for farmers who had lost out and I appreciate the chance to join From his life we learn to face adversity with during the Depression. One of the most with my Tennessee colleagues and my wit and integrity, to fight back when pushed vivid memories of Dyess was the day colleagues from Arkansas and people down, to hold duty and honor sacred, and to Eleanor Roosevelt came to town to around this great country who are in love and forgive. We lost one of our national decorate the library, a momentous oc- this Congress and who have come up to treasures this month, but the legacy and the casion not simply for the glimpse it af- me in the last couple of weeks to honor legend of the Man in Black will live on in the forded of Mrs. Roosevelt but for the op- the memory of the great Johnny Cash. gift he gave us all. portunity it subsequently afforded Mr. Speaker, I have no more speakers Mrs. BLACKBURN. Mr. Speaker, I Johnny Cash to indulge in what would at this time, and I yield back the bal- have no further requests for time, and become a lifelong passion for reading. ance of my time. I yield back the balance of my time.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.051 H30PT1 H8988 CONGRESSIONAL RECORD — HOUSE September 30, 2003 The SPEAKER pro tempore (Mr. Whereas the first nationwide observance of 1938, be changed to Veterans Day in SCHROCK). The question is on the mo- Veterans Day was on November 11, 1954: Now, order to recognize and honor all vet- tion offered by the gentlewoman from therefore, be it erans from all wars and all conflicts. Resolved by the House of Representatives (the Tennessee (Mrs. BLACKBURN) that the At that time, Armistice Day existed Senate concurring), That Congress hereby— House suspend the rules and agree to (1) encourages Americans to demonstrate only to honor veterans of World War I. the concurrent resolution, H. Con. Res. their support for veterans on Veterans Day The community of Emporia, Kansas, 282, as amended. by treating that day as a special day of re- under the leadership of Mr. King cele- The question was taken; and (two- membrance; brated its first ‘‘All Veterans Day’’ on thirds having voted in favor thereof) (2) declares Emporia, Kansas, to be the November 11, 1953. the rules were suspended and the con- founding city of Veterans Day; Through the financial support of the current resolution, as amended, was (3) recognizes Alvin J. King, of Emporia, Emporia community, Mr. King and his agreed to. Kansas, as the founder of Veterans Day; and wife, Gertrude, took the idea of an offi- A motion to reconsider was laid on (4) recognizes that Representative Ed Rees, cial Veterans Day to Washington, D.C. the table. of Emporia, Kansas, was instrumental in the efforts to enact into law the observance of to Representative Edward H. Rees, an- f Veterans Day. other Emporia resident, who served Kansas in the U.S. House of Represent- DECLARING EMPORIA, KANSAS, AS The SPEAKER pro tempore. Pursu- atives for 24 years. The Congressman THE FOUNDING CITY OF VET- ant to the rule, the gentleman from was strongly in favor of King’s idea and ERANS DAY HOLIDAY Kansas (Mr. MORAN) and the gentleman said, ‘‘It would give the holiday a new from New Mexico (Mr. UDALL) each will Mr. MORAN of Kansas. Mr. Speaker, meaning and provide widespread patri- control 20 minutes. I move to suspend the rules and agree otic observance.’’ to the concurrent resolution (H. Con. The Chair recognizes the gentleman Following the inaugural ‘‘All Vet- Res. 159) declaring Emporia, Kansas, to from Kansas (Mr. MORAN). erans Day’’ celebration in Emporia, be the founding city of the Veterans b 1630 Representative Rees introduced H.R. Day holiday and recognizing the con- Mr. MORAN of Kansas. Mr. Speaker, 7786, to change Armistice Day to Vet- tributions of Alvin J. King and Rep- I yield myself such time as I may con- erans Day and to establish its observa- resentative Ed Rees to the enactment tion on November 11 of each year. The into law of the observance of Veterans sume. (Mr. MORAN of Kansas asked and House and Senate both approved this Day. legislation, and with the signature of The Clerk read as follows: was given permission to revise and ex- tend his remarks.) another Kansan, President Dwight D. H. CON. RES. 159 Mr. MORAN of Kansas. Mr. Speaker, Eisenhower, the bill became law on Whereas in 1953, Alvin J. King of Emporia, I rise this afternoon in support of June 1, 1954. Kansas, proposed that Armistice Day be Before the Nation’s first celebration changed to Veterans Day to recognize and House Concurrent Resolution 159, a bill that I introduced to encourage Ameri- of Veterans Day on November 11, 1954, honor all veterans from all wars and con- President Eisenhower issued the fol- flicts; cans to honor the duty and sacrifices of lowing proclamation: ‘‘On that day let Whereas in 1953, Veterans Day was first or- the members of our Armed Services by ganized and celebrated in Emporia, Kansas; proclaiming Veterans Day as a special us solemnly remember the sacrifices of Whereas although Alvin King was only 15 day of national remembrance. all those who fought so valiantly, on years old when the United States went to In addition, this resolution recog- the seas, in the air, and on foreign war in 1917 and never served in the Armed nizes the community of Emporia, Kan- shores, to preserve our heritage of free- Forces, he had a deep respect for veterans; sas for its efforts to pay tribute to our dom, and let us reconsecrate ourselves Whereas Alvin King’s stepson, John Coo- to the task of promoting an enduring per, whom he had raised, was killed in action Nation’s veterans and to declare Empo- ria, Kansas as the originating city of peace so that all their efforts shall not in Belgium during World War II while serv- have been in vain.’’ Veterans Day. ing with Rifle Company B, 137th Infantry With the enactment and President Regiment; The resolution also recognizes the Eisenhower’s signature on H.R. 7786, Whereas after World War II, Alvin King de- contributions of two native Kansans, Mr. King’s dream to honor veterans of veloped friendships with the surviving mem- Mr. Alvin J. King and the Honorable all conflicts was fulfilled. Every year bers of Rifle Company B, 137th Infantry Edward J. Rees for the role each played since 1953, Emporia has honored our Regiment; in creating the legislation that estab- Whereas in the early 1950s, Alvin King sug- country’s veterans, most recently with gested either creating a special day to honor lished the national observance of Vet- a week-long series of events that in- all veterans or adapting Armistice Day so erans Day on November 11 of each year. volves the entire community. Veterans Our country has had many wars in its that it was dedicated to all veterans since, at Day is not just another holiday, not history and generations of American that time, Armistice Day honored the vet- just a day off from work in Emporia, erans of World War I; service-men and -women have defended Kansas. The citizens of Emporia take Whereas by 1953, the community of Empo- America’s freedom and liberty. We are ria, Kansas, had raised enough money to very seriously their responsibility to a free people today because of our honor our Nation’s veterans. send Alvin King and his wife, Gertrude, to Founders’ principles and the willing- Washington, D.C. to garner support for an of- Mr. Speaker, I am proud to sponsor ficial veterans day; ness of our service-men and -women to House Concurrent Resolution 159, and I Whereas Alvin King had a friend and sup- defend those principles with their lives. want to thank my colleagues on the porter in Representative Ed Rees of Empo- We should be ever thankful that indi- Committee on Veterans’ Affairs for ria, Kansas, who was strongly in favor of viduals of each generation have been their support. I ask my colleagues and King’s idea and said ‘‘it would give the holi- willing to serve America, that they my fellow Americans to join me on day a new meaning and more widespread pa- have been willing risk everything, to Veterans Day this year and every other triotic observance’’; allow their children and grandchildren day in recognizing the contributions Whereas on June 1, 1954, President Dwight the opportunity to live in freedom. D. Eisenhower, who was raised in Kansas, and sacrifices that our Nation’s vet- signed into law the Act proclaiming Novem- Mr. Alvin J. King’s abiding respect erans have made to protect this Nation ber 11 as Veterans Day (Public Law 380 of the for veterans is attributed to the loss of and to defend our way of life. 83rd Congress); his nephew, John Cooper, who was Mr. Speaker, I reserve the balance of Whereas on October 8, 1954, President Ei- killed in action in Belgium during my time. senhower issued a presidential proclamation World War II. John Cooper was a mem- Mr. UDALL of New Mexico. Mr. concerning Veterans Day in 1954 in which he ber of Rifle Company B, 137th Infantry Speaker, I yield myself such time as I stated, ‘‘On that day let us solemnly remem- Regiment of the U.S. Army. After his may consume. ber the sacrifices of all those who fought so nephew’s death, Mr. KING remain de- Mr. Speaker, I rise in support of valiantly, on the seas, in the air, and on for- House Concurrent Resolution 159 and eign shores, to preserve our heritage of free- voted to the war effort at home and dom, and let us reconsecrate ourselves to the served as the Veterans Security Chair- thank the gentleman from Kansas (Mr. task of promoting an enduring peace so that man for the American War Dads. MORAN) for bringing this matter for their efforts shall not have been in vain’’; In 1953, Mr. King proposed that Armi- consideration. All of us on the Com- and stice Day, a national observance since mittee on Veterans’ Affairs appreciate

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.053 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8989 the gentleman’s hard work on this im- Let us also honor them by our actions. [Roll No. 524] portant committee. I urge all Members to support passage of H. YEAS—202 Every November at Arlington Na- Con. Res. 159. I urge all Members to support Abercrombie Grijalva Nadler tional Cemetery and across the Nation legislation which honors our Nation’s disabled Ackerman Gutierrez Napolitano we commemorate Veterans Day at the veterans by their deeds. Alexander Hall Neal (MA) 11th hour of the 11th day, originally Mr. MORAN of Kansas. Mr. Speaker, Allen Harman Oberstar Armistice Day. I have no further requests for time, and Andrews Hastings (FL) Obey While it is appropriate for the Nation Baca Hill Olver I yield back the balance of my time. Baird Hinojosa Ortiz to honor the contributions of our The SPEAKER pro tempore. The Baldwin Hoeffel Owens World War I veterans, it became in- question is on the motion offered by Ballance Holden Pallone Becerra Holt creasingly important to include vet- the gentleman from Kansas (Mr. Pascrell erans from all eras of service who have Bell Honda Pastor MORAN) that the House suspend the Bereuter Hooley (OR) Payne preserved our freedom. rules and agree to the concurrent reso- Berkley Hoyer Pelosi I am pleased to support this impor- Berman Inslee Peterson (MN) lution, H. Con. Res. 159. Berry Israel tant tribute to Mr. Alvin King and to The question was taken; and (two- Pomeroy Emporia, Kansas. This is an important Bishop (GA) Jackson (IL) Price (NC) thirds having voted in favor thereof) Bishop (NY) Jackson-Lee recognition of their work, to make cer- Rahall the rules were suspended and the con- Blumenauer (TX) Rangel tain the immeasurable contributions Boswell Jefferson current resolution was agreed to. Renzi and sacrifices of the Nation’s veterans Boucher John Rodriguez A motion to reconsider was laid on Boyd Johnson, E. B. are annually remembered. Ross the table. Brady (PA) Jones (OH) Rothman Mr. Speaker, I have no further re- Brown (OH) Kanjorski f Roybal-Allard quests for time, and I yield back the Brown, Corrine Kaptur Ruppersberger balance of my time. RECESS Brown-Waite, Kennedy (RI) Rush Ginny Kildee Ryan (OH) GENERAL LEAVE Capps Kilpatrick The SPEAKER pro tempore. Pursu- Sabo Mr. MORAN of Kansas. Mr. Speaker, Capuano Kind ant to clause 12(a) of rule I, the Chair Sanchez, Linda Cardin Kleczka I ask unanimous consent that all Mem- T. declares the House in recess subject to Cardoza Kucinich bers may have 5 legislative days within Sanchez, Loretta Carson (IN) Lampson the call of the Chair. Sanders which to revise and extend their re- Carson (OK) Langevin Accordingly (at 4 o’clock and 38 min- Sandlin marks and include extraneous material Case Lantos Schakowsky utes p.m.), the House stood in recess Clay Larsen (WA) on H. Con. Res. 159. Schiff subject to the call of the Chair. Clyburn Larson (CT) The SPEAKER pro tempore (Mr. Scott (GA) Conyers Latham f Scott (VA) SCHROCK). Is there objection to the re- Cooper Leach Serrano quest of the gentleman from Kansas? b 1834 Costello Lee There was no objection. Cramer Levin Sherman AFTER RECESS Crowley Lewis (GA) Skelton Mr. MORAN of Kansas. Mr. Speaker, Slaughter I yield myself such time as I may con- Cummings Lofgren The recess having expired, the House Davis (AL) Lowey Smith (WA) sume. was called to order by the Speaker pro Davis (CA) Lucas (KY) Snyder Solis Mr. Speaker, I thank the gentleman ILCHREST Davis (FL) Lynch tempore (Mr. G ) at 6 o’clock Spratt from New Mexico (Mr. UDALL) for his Davis (IL) Majette and 34 minutes p.m. Stenholm very thoughtful and kind generous re- Davis (TN) Maloney f DeFazio Markey Strickland marks. DeGette Marshall Stupak Mr. Speaker, I want to thank the ANNOUNCEMENT BY THE SPEAKER Delahunt Matheson Tanner gentleman from New Jersey (Mr. PRO TEMPORE DeLauro Matsui Tauscher Taylor (MS) SMITH) and the ranking member, the Deutsch McCarthy (MO) The SPEAKER pro tempore. Pursu- Dicks McCarthy (NY) Thompson (CA) gentleman from Illinois (Mr. EVANS) ant to clause 8 of rule XX, proceedings Dingell McCollum Tierney for their leadership on this resolution will resume on the motions to instruct Doggett McDermott Turner (TX) and for their steadfast and committed Dooley (CA) McGovern Udall (CO) postponed last Thursday and the mo- Doyle McIntyre Udall (NM) efforts on behalf of all veterans. tion to suspend the rules postponed Edwards McNulty Van Hollen Mr. Speaker, I urge my colleagues to earlier today. Emanuel Meehan Velazquez support House Concurrent Resolution Votes will be taken in the following Engel Meek (FL) Visclosky Etheridge Meeks (NY) Waters 159. order: Mr. MICHAUD. I thank the gentleman from Evans Menendez Watson Motion to instruct on H.R. 1, by the Farr Michaud Watt New Mexico for yielding time. yeas and nays; Filner Millender- Waxman Mr. Speaker, I too rise in strong support of Weiner Motion to instruct on H.R. 1308, by Ford McDonald H. Con. Res. 159. I agree that recognition is Frank (MA) Miller (NC) Wexler the yeas and nays; due to the city of Emporia, Kansas and the Frost Miller, George Wilson (NM) House Resolution 357, by the yeas and Gonzalez Mollohan Woolsey Kansans who helped make Veterans’ Day a nays. Gordon Moore Wu national holiday honoring those who have Green (TX) Moran (VA) Wynn The first electronic vote will be con- served our Nation. I believe as Members of Congress, we have ducted as a 15-minute vote. The others NAYS—205 a special obligation to honor those who have in this series will be 5-minute votes. Aderholt Burton (IN) Dunn f Akin Buyer Ehlers served by demonstrating our support for vet- Bachus Calvert Emerson erans every day we serve in these halls. MOTION TO INSTRUCT CONFEREES Baker Camp Everett We do that not only by Concurrent Resolu- ON H.R. 1, MEDICARE PRESCRIP- Ballenger Cannon Feeney tions such as H. Con. Res. 159, but by also Barrett (SC) Cantor Ferguson TION DRUG AND MODERNIZA- Bartlett (MD) Carter Flake passing legislation, which provides the bene- TION ACT OF 2003 Barton (TX) Castle Foley fits and services our Nation’s veterans have Bass Chabot Forbes earned. The SPEAKER pro tempore. The un- Beauprez Chocola Franks (AZ) I would hope that before the next Veterans finished business is the question on the Biggert Coble Frelinghuysen Day is celebrated, we would pass legislation motion to instruct conferees on H.R. 1. Bilirakis Cole Gallegly The Clerk will designate the motion. Bishop (UT) Collins Garrett (NJ) removing the Disabled Veterans Tax from the Blackburn Cox Gerlach burden born by our service-disabled military The Clerk designated the motion. Blunt Crenshaw Gibbons retirees. The SPEAKER pro tempore. The Boehner Cubin Gilchrest question is on the motion to instruct Bonilla Cunningham Gillmor I would hope that before the next Veterans Bonner Davis, Jo Ann Gingrey Day is celebrated, we would pass legislation conferees offered by the gentleman Bono Davis, Tom Goode assuring veterans adequate funding to provide from Texas (Mr. SANDLIN) on which the Boozman Deal (GA) Goodlatte them with health care in a timely manner. yeas and nays are ordered. Bradley (NH) DeLay Goss Today, we honor those who contributed to The vote was taken by electronic de- Brown (SC) Diaz-Balart, L. Granger Burgess Diaz-Balart, M. Graves making Veterans Day a national holiday with vice, and there were—yeas 202, nays Burns Doolittle Green (WI) our words. 205, not voting 27, as follows: Burr Duncan Gutknecht

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.058 H30PT1 H8990 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Harris McInnis Ryan (WI) offered by the gentleman from New Diaz-Balart, M. King (IA) Regula Hart McKeon Ryun (KS) Doolittle King (NY) Rehberg Jersey (Mr. PALLONE) on which the Hastings (WA) Mica Saxton Duncan Kingston Renzi Hayes Miller (FL) Schrock yeas and nays are ordered. Dunn Kirk Reynolds Hayworth Miller (MI) Sensenbrenner This is a 5-minute vote. Emerson Kline Rogers (AL) Hefley Miller, Gary Sessions English Knollenberg Rogers (KY) Hensarling Moran (KS) The vote was taken by electronic de- Everett Kolbe Shadegg vice, and there were—yeas 202, nays Rogers (MI) Herger Murphy Shaw Feeney LaHood Rohrabacher Hobson Musgrave Ferguson Latham Shays 207, not voting 25, as follows: Royce Hoekstra Myrick Flake LaTourette Sherwood Ryan (WI) Hostettler Nethercutt [Roll No. 525] Foley Lewis (CA) Shimkus Ryun (KS) Houghton Neugebauer Forbes Lewis (KY) YEAS—202 Saxton Hulshof Ney Shuster Franks (AZ) Linder Abercrombie Gutierrez Nadler Schrock Hunter Northup Simmons Frelinghuysen LoBiondo Ackerman Hall Napolitano Sensenbrenner Hyde Norwood Simpson Gallegly Lucas (OK) Alexander Harman Isakson Nunes Smith (MI) Neal (MA) Garrett (NJ) Manzullo Sessions Allen Hastings (FL) Issa Nussle Smith (NJ) Oberstar Gerlach McCotter Shadegg Andrews Hill Istook Osborne Smith (TX) Obey Gibbons McCrery Shaw Baca Hinchey Jenkins Ose Stearns Olver Gilchrest McHugh Shays Baird Hinojosa Johnson (CT) Otter Sullivan Ortiz Gillmor McInnis Sherwood Baldwin Hoeffel Johnson (IL) Oxley Tancredo Owens Gingrey McKeon Shimkus Ballance Holden Johnson, Sam Paul Pallone Goode Mica Shuster Tauzin Becerra Holt Jones (NC) Pearce Pascrell Goodlatte Miller (FL) Simmons Taylor (NC) Bell Honda Keller Pence Pastor Goss Miller (MI) Simpson Terry Berkley Hooley (OR) Kelly Peterson (PA) Payne Granger Miller, Gary Smith (MI) Thomas Berman Hoyer Kennedy (MN) Petri Pelosi Graves Moran (KS) Smith (NJ) Thornberry Berry Inslee King (IA) Pickering Peterson (MN) Green (WI) Murphy Smith (TX) Tiahrt Bishop (GA) Israel King (NY) Pitts Pomeroy Gutknecht Musgrave Tiberi Bishop (NY) Jackson (IL) Souder Kingston Platts Harris Myrick Toomey Blumenauer Jackson-Lee Price (NC) Stearns Kirk Pombo Hart Nethercutt Upton Boswell (TX) Rahall Sullivan Kline Porter Hastings (WA) Neugebauer Vitter Boucher Jefferson Rangel Tancredo Knollenberg Pryce (OH) Hayes Ney Walden (OR) Boyd John Rodriguez Tauzin Kolbe Putnam Hayworth Northup Walsh Brady (PA) Johnson, E. B. Ross Taylor (NC) LaHood Quinn Hefley Norwood Brown (OH) Jones (NC) Rothman Terry LaTourette Radanovich Wamp Hensarling Nunes Brown, Corrine Jones (OH) Roybal-Allard Thomas Lewis (CA) Ramstad Weldon (FL) Herger Nussle Capps Kanjorski Ruppersberger Thornberry Lewis (KY) Regula Weldon (PA) Hobson Osborne Capuano Kaptur Rush Tiahrt Linder Rehberg Weller Hoekstra Ose Cardin Kennedy (RI) Ryan (OH) Tiberi LoBiondo Reynolds Whitfield Hostettler Otter Cardoza Kildee Sabo Lucas (OK) Rogers (AL) Wicker Houghton Oxley Toomey Carson (IN) Kilpatrick Sanchez, Linda Manzullo Rogers (KY) Wilson (SC) Hulshof Paul Vitter Carson (OK) Kind T. McCotter Rogers (MI) Wolf Hunter Pearce Walden (OR) Case Kleczka Sanchez, Loretta McCrery Rohrabacher Young (AK) Hyde Pence Walsh Castle Kucinich Sanders McHugh Royce Young (FL) Isakson Peterson (PA) Wamp Clay Lampson Sandlin Issa Petri Weldon (FL) Clyburn Langevin Schakowsky NOT VOTING—27 Istook Pitts Weldon (PA) Conyers Lantos Schiff Boehlert Fattah Portman Janklow Platts Weller Cooper Larsen (WA) Scott (GA) Jenkins Pombo Whitfield Brady (TX) Fletcher Reyes Costello Larson (CT) Scott (VA) Johnson (CT) Porter Wicker Capito Fossella Ros-Lehtinen Cramer Leach Serrano Johnson (IL) Pryce (OH) Wilson (NM) Crane Gephardt Souder Crowley Lee Sherman Johnson, Sam Putnam Wilson (SC) Culberson Greenwood Stark Cummings Levin Skelton Keller Quinn Wolf DeMint Hinchey Sweeney Davis (AL) Lewis (GA) Slaughter Kelly Radanovich Young (AK) Dreier Janklow Thompson (MS) Davis (CA) Lofgren Smith (WA) Kennedy (MN) Ramstad Young (FL) English Lipinski Towns Davis (FL) Lowey Eshoo Murtha Turner (OH) Snyder Davis (IL) Lucas (KY) Solis NOT VOTING—25 Davis (TN) Lynch ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Spratt Boehlert Fattah Reyes DeFazio Majette Stenholm The SPEAKER pro tempore (Mr. DeGette Maloney Brady (TX) Fletcher Ros-Lehtinen Strickland Cantor Fossella Stark GILCHREST) (during the vote). There are Delahunt Markey Stupak DeLauro Marshall Capito Gephardt Sweeney 2 minutes remaining in this vote. Tanner Deutsch Matheson Crane Greenwood Thompson (MS) Tauscher Dicks Matsui Culberson Lipinski Towns b 1857 Taylor (MS) Dingell McCarthy (MO) DeMint Murtha Turner (OH) Thompson (CA) So the motion to instruct was re- Doggett McCarthy (NY) Dreier Pickering Tierney Dooley (CA) McCollum Eshoo Portman jected. Turner (TX) Doyle McDermott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Edwards McGovern Udall (CO) as above recorded. Ehlers McIntyre Udall (NM) The SPEAKER pro tempore (Mr. A motion to reconsider was laid on Emanuel McNulty Upton GILCHREST) (during the vote). Members Engel Meehan Van Hollen the table. Velazquez are advised 2 minutes remain in this Etheridge Meek (FL) vote. f Evans Meeks (NY) Visclosky Farr Menendez Waters b 1906 ANNOUNCEMENT BY THE SPEAKER Filner Michaud Watson PRO TEMPORE Ford Millender- Watt So the motion to instruct was re- Frank (MA) McDonald Waxman jected. Weiner The SPEAKER pro tempore. Pursu- Frost Miller (NC) The result of the vote was announced ant to clause 8 of rule XX, the remain- Gonzalez Miller, George Wexler Gordon Mollohan Woolsey as above recorded. ing votes in this series will be con- Green (TX) Moore Wu A motion to reconsider was laid on ducted as 5-minute votes. Grijalva Moran (VA) Wynn the table. f NAYS—207 f MOTION TO INSTRUCT CONFEREES Aderholt Boehner Cannon HONORING THE LIFE AND LEGACY Akin Bonilla Carter ON H.R. 1308, TAX RELIEF, SIM- Bachus Bonner Chabot OF BOB HOPE PLIFICATION, AND EQUITY ACT Baker Bono Chocola The SPEAKER pro tempore. The OF 2003 Ballenger Boozman Coble Barrett (SC) Bradley (NH) Cole pending business is the question of sus- The SPEAKER pro tempore. The un- Bartlett (MD) Brown (SC) Collins pending the rules and agreeing to the finished business is the question on the Barton (TX) Brown-Waite, Cox resolution, H. Res. 357. Bass Ginny Crenshaw motion to instruct conferees on the Beauprez Burgess Cubin The Clerk read the title of the resolu- bill, H.R. 1308. Bereuter Burns Cunningham tion. The Clerk will designate the motion. Biggert Burr Davis, Jo Ann The SPEAKER pro tempore. The The Clerk designated the motion. Bilirakis Burton (IN) Davis, Tom question is on the motion offered by Bishop (UT) Buyer Deal (GA) The SPEAKER pro tempore. The Blackburn Calvert DeLay the gentlewoman from Michigan (Mrs. question is on the motion to instruct Blunt Camp Diaz-Balart, L. MILLER) that the House suspend the

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.039 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8991 rules and agree to the resolution, H. Miller, George Rangel Spratt and free conference, have agreed to rec- Res. 357, on which the yeas and nays Mollohan Regula Stearns ommend and do recommend to their respec- Moore Rehberg Stenholm tive Houses as follows: are ordered. Moran (KS) Renzi Strickland That the Senate recede from its disagree- This will be a 5-minute vote. Moran (VA) Reynolds Stupak ment to the amendment of the House and The vote was taken by electronic de- Murphy Rodriguez Sullivan Musgrave Rogers (AL) Tancredo agree to the same with an amendment as fol- vice, and there were—yeas 408, nays 0, Myrick Rogers (KY) Tanner lows: not voting 26, as follows: Nadler Rogers (MI) Tauscher In lieu of the matter proposed to be in- Napolitano Rohrabacher Tauzin [Roll No. 526] Neal (MA) Ross serted by the House amendment, insert the Taylor (MS) Nethercutt Rothman following: YEAS—408 Taylor (NC) Neugebauer Roybal-Allard Terry SECTION 1. SHORT TITLE. Abercrombie Davis, Jo Ann Isakson Ney Royce Thomas Ackerman Davis, Tom Israel Northup Ruppersberger This Act may be cited as the ‘‘Partial-Birth Aderholt Deal (GA) Issa Norwood Rush Thompson (CA) Abortion Ban Act of 2003’’. Akin DeFazio Istook Thornberry Nunes Ryan (OH) SEC. 2. FINDINGS. Alexander DeGette Jackson (IL) Nussle Ryan (WI) Tiahrt Allen Delahunt Jackson-Lee Oberstar Ryun (KS) Tiberi The Congress finds and declares the fol- Andrews DeLauro (TX) Obey Sabo Tierney lowing: Baca DeLay Janklow Olver Sanchez, Linda Toomey (1) A moral, medical, and ethical consensus Bachus Deutsch Jefferson Ortiz T. Turner (TX) exists that the practice of performing a partial- Baird Diaz-Balart, L. Jenkins Udall (CO) Osborne Sanchez, Loretta birth abortion—an abortion in which a physi- Baker Diaz-Balart, M. John Ose Sanders Udall (NM) Baldwin Dicks Johnson (CT) Otter Sandlin Upton cian deliberately and intentionally vaginally de- Ballance Dingell Johnson (IL) Owens Saxton Van Hollen livers a living, unborn child’s body until either Ballenger Doggett Johnson, E. B. Oxley Schakowsky Velazquez the entire baby’s head is outside the body of the Barrett (SC) Dooley (CA) Johnson, Sam Pallone Schiff Visclosky mother, or any part of the baby’s trunk past the Bartlett (MD) Doolittle Jones (NC) Pascrell Schrock Vitter navel is outside the body of the mother and only Barton (TX) Doyle Jones (OH) Pastor Scott (GA) Walden (OR) Bass Duncan Kanjorski the head remains inside the womb, for the pur- Paul Scott (VA) Walsh pose of performing an overt act (usually the Beauprez Dunn Kaptur Payne Sensenbrenner Becerra Edwards Keller Wamp puncturing of the back of the child’s skull and Pearce Serrano Watson Bell Ehlers Kelly Pelosi Sessions removing the baby’s brains) that the person Bereuter Emanuel Kennedy (MN) Watt knows will kill the partially delivered infant, Pence Shadegg Waxman Berkley Emerson Kennedy (RI) Peterson (MN) Shaw Weiner performs this act, and then completes delivery of Berman Engel Kildee Peterson (PA) Shays Weldon (FL) the dead infant—is a gruesome and inhumane Berry English Kilpatrick Petri Sherman Biggert Etheridge Kind Weldon (PA) procedure that is never medically necessary and Pickering Sherwood should be prohibited. Bilirakis Evans King (IA) Pitts Shimkus Weller Bishop (GA) Everett King (NY) Platts Shuster Wexler (2) Rather than being an abortion procedure Bishop (NY) Farr Kingston Pombo Simmons Whitfield that is embraced by the medical community, Bishop (UT) Feeney Kirk Pomeroy Skelton Wicker particularly among physicians who routinely Blackburn Ferguson Kleczka Porter Slaughter Wilson (NM) perform other abortion procedures, partial-birth Blumenauer Filner Kline Wilson (SC) Price (NC) Smith (MI) abortion remains a disfavored procedure that is Blunt Flake Knollenberg Wolf Pryce (OH) Smith (NJ) not only unnecessary to preserve the health of Boehner Foley Kolbe Putnam Smith (TX) Woolsey Bonilla Forbes Kucinich Quinn Smith (WA) Wu the mother, but in fact poses serious risks to the Bonner Ford LaHood Radanovich Snyder Wynn long-term health of women and in some cir- Bono Frank (MA) Lampson Rahall Solis Young (AK) cumstances, their lives. As a result, at least 27 Boozman Franks (AZ) Langevin Ramstad Souder Young (FL) States banned the procedure as did the United Boswell Frelinghuysen Lantos States Congress which voted to ban the proce- Boucher Frost Larsen (WA) NOT VOTING—26 dure during the 104th, 105th, and 106th Con- Boyd Gallegly Larson (CT) Boehlert Fattah Ros-Lehtinen Bradley (NH) Garrett (NJ) Latham gresses. Brady (TX) Fletcher Simpson Brady (PA) Gerlach LaTourette Cantor Fossella Stark (3) In Stenberg v. Carhart, 530 U.S. 914, 932 Brown (OH) Gibbons Leach Capito Gephardt Sweeney (2000), the United States Supreme Court opined Brown (SC) Gilchrest Lee Crane Greenwood ‘‘that significant medical authority supports the Brown, Corrine Gillmor Levin Thompson (MS) Culberson Lipinski Towns proposition that in some circumstances, [partial Brown-Waite, Gingrey Lewis (CA) DeMint Murtha Ginny Gonzalez Lewis (GA) Turner (OH) birth abortion] would be the safest procedure’’ Dreier Portman Waters for pregnant women who wish to undergo an Burgess Goode Lewis (KY) Eshoo Reyes Burns Goodlatte Linder abortion. Thus, the Court struck down the State Burr Gordon LoBiondo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of Nebraska’s ban on partial-birth abortion pro- Burton (IN) Goss Lofgren cedures, concluding that it placed an ‘‘undue Buyer Granger Lowey The SPEAKER pro tempore (during the vote). Members are advised 2 min- burden’’ on women seeking abortions because it Calvert Graves Lucas (KY) failed to include an exception for partial-birth Camp Green (TX) Lucas (OK) utes remain in this vote. Cannon Green (WI) Lynch abortions deemed necessary to preserve the Capps Grijalva Majette b 1913 ‘‘health’’ of the mother. Capuano Gutierrez Maloney (4) In reaching this conclusion, the Court de- Cardin Gutknecht Manzullo So (two-thirds having voted in favor ferred to the Federal district court’s factual Cardoza Hall Markey thereof) the rules were suspended and findings that the partial-birth abortion proce- Carson (IN) Harman Marshall the resolution was agreed to. dure was statistically and medically as safe as, Carson (OK) Harris Matheson Carter Hart Matsui The result of the vote was announced and in many circumstances safer than, alter- Case Hastings (FL) McCarthy (MO) as above recorded. native abortion procedures. Castle Hastings (WA) McCarthy (NY) A motion to reconsider was laid on (5) However, substantial evidence presented at Chabot Hayes McCollum the table. the Stenberg trial and overwhelming evidence Chocola Hayworth McCotter presented and compiled at extensive Congres- Clay Hefley McCrery f Clyburn Hensarling McDermott sional hearings, much of which was compiled Coble Herger McGovern CONFERENCE REPORT ON S. 3, after the district court hearing in Stenberg, and Cole Hill McHugh PARTIAL-BIRTH ABORTION BAN thus not included in the Stenberg trial record, Collins Hinchey McInnis demonstrates that a partial-birth abortion is Conyers Hinojosa McIntyre ACT OF 2003 never necessary to preserve the health of a Cooper Hobson McKeon Mr. SENSENBRENNER submitted woman, poses significant health risks to a Costello Hoeffel McNulty woman upon whom the procedure is performed Cox Hoekstra Meehan the following conference report and and is outside the standard of medical care. Cramer Holden Meek (FL) statement on the bill (S. 3) to prohibit Crenshaw Holt Meeks (NY) the procedure commonly known as par- (6) Despite the dearth of evidence in the Crowley Honda Menendez tial-birth abortion: Stenberg trial court record supporting the dis- Cubin Hooley (OR) Mica trict court’s findings, the United States Court of Cummings Hostettler Michaud CONFERENCE REPORT (H. REPT. 108–288) Appeals for the Eighth Circuit and the Supreme Cunningham Houghton Millender- The committee of conference on the dis- Court refused to set aside the district court’s Davis (AL) Hoyer McDonald Davis (CA) Hulshof Miller (FL) agreeing votes of the two Houses on the factual findings because, under the applicable Davis (FL) Hunter Miller (MI) amendment of the House to the bill (S. 3), to standard of appellate review, they were not Davis (IL) Hyde Miller (NC) prohibit the procedure commonly known as ‘‘clearly erroneous’’. A finding of fact is clearly Davis (TN) Inslee Miller, Gary partial-birth abortion, having met, after full erroneous ‘‘when although there is evidence to

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\K30SE7.063 H30PT1 H8992 CONGRESSIONAL RECORD — HOUSE September 30, 2003 support it, the reviewing court on the entire evi- place Congress’ factual predictions with our unknown,’’ and that ‘‘there is no consensus dence is left with the definite and firm convic- own. Rather, it is to assure that, in formulating among obstetricians about its use’’. The associa- tion that a mistake has been committed’’. An- its judgments, Congress has drawn reasonable tion has further noted that partial-birth abor- derson v. City of Bessemer City, North Carolina, inferences based on substantial evidence.’’ Id. at tion is broadly disfavored by both medical ex- 470 U.S. 564, 573 (1985). Under this standard, ‘‘if 666. perts and the public, is ‘‘ethically wrong,’’ and the district court’s account of the evidence is (12) Three years later in Turner II, the Court ‘‘is never the only appropriate procedure’’. plausible in light of the record viewed in its en- upheld the ‘‘must-carry’’ provisions based upon (D) Neither the plaintiff in Stenberg v. tirety, the court of appeals may not reverse it Congress’ findings, stating the Court’s ‘‘sole ob- Carhart, nor the experts who testified on his be- even though convinced that had it been sitting ligation is ‘to assure that, in formulating its half, have identified a single circumstance dur- as the trier of fact, it would have weighed the judgments, Congress has drawn reasonable in- ing which a partial-birth abortion was nec- evidence differently’’. Id. at 574. ferences based on substantial evidence.’’’ 520 essary to preserve the health of a woman. (7) Thus, in Stenberg, the United States Su- U.S. at 195. Citing its ruling in Turner I, the (E) The physician credited with developing preme Court was required to accept the very Court reiterated that ‘‘[w]e owe Congress’ find- the partial-birth abortion procedure has testi- questionable findings issued by the district court ings deference in part because the institution ‘is fied that he has never encountered a situation judge—the effect of which was to render null far better equipped than the judiciary to ‘‘amass where a partial-birth abortion was medically and void the reasoned factual findings and pol- and evaluate the vast amounts of data’’ bearing necessary to achieve the desired outcome and, icy determinations of the United States Congress upon’ legislative questions,’’ id. at 195, and thus, is never medically necessary to preserve and at least 27 State legislatures. added that it ‘‘owe[d] Congress’ findings an ad- the health of a woman. (8) However, under well-settled Supreme Court ditional measure of deference out of respect for (F) A ban on the partial-birth abortion proce- jurisprudence, the United States Congress is not its authority to exercise the legislative power.’’ dure will therefore advance the health interests bound to accept the same factual findings that Id. at 196. of pregnant women seeking to terminate a preg- the Supreme Court was bound to accept in (13) There exists substantial record evidence nancy. Stenberg under the ‘‘clearly erroneous’’ stand- upon which Congress has reached its conclusion (G) In light of this overwhelming evidence, ard. Rather, the United States Congress is enti- that a ban on partial-birth abortion is not re- Congress and the States have a compelling in- tled to reach its own factual findings—findings quired to contain a ‘‘health’’ exception, because terest in prohibiting partial-birth abortions. In that the Supreme Court accords great def- the facts indicate that a partial-birth abortion is addition to promoting maternal health, such a erence—and to enact legislation based upon never necessary to preserve the health of a prohibition will draw a bright line that clearly these findings so long as it seeks to pursue a le- woman, poses serious risks to a woman’s health, distinguishes abortion and infanticide, that pre- gitimate interest that is within the scope of the and lies outside the standard of medical care. serves the integrity of the medical profession, Constitution, and draws reasonable inferences Congress was informed by extensive hearings and promotes respect for human life. (H) Based upon Roe v. Wade, 410 U.S. 113 based upon substantial evidence. held during the 104th, 105th, 107th, and 108th (1973) and Planned Parenthood v. Casey, 505 (9) In Katzenbach v. Morgan, 384 U.S. 641 Congresses and passed a ban on partial-birth U.S. 833 (1992), a governmental interest in pro- (1966), the Supreme Court articulated its highly abortion in the 104th, 105th, and 106th Con- tecting the life of a child during the delivery deferential review of Congressional factual find- gresses. These findings reflect the very informed process arises by virtue of the fact that during ings when it addressed the constitutionality of judgment of the Congress that a partial-birth a partial-birth abortion, labor is induced and section 4(e) of the Voting Rights Act of 1965. Re- abortion is never necessary to preserve the the birth process has begun. This distinction garding Congress’ factual determination that health of a woman, poses serious risks to a was recognized in Roe when the Court noted, section 4(e) would assist the Puerto Rican com- woman’s health, and lies outside the standard without comment, that the Texas parturition munity in ‘‘gaining nondiscriminatory treat- of medical care, and should, therefore, be ment in public services,’’ the Court stated that statute, which prohibited one from killing a banned. child ‘‘in a state of being born and before actual ‘‘[i]t was for Congress, as the branch that made (14) Pursuant to the testimony received during birth,’’ was not under attack. This interest be- this judgment, to assess and weigh the various extensive legislative hearings during the 104th, comes compelling as the child emerges from the conflicting considerations * * *. It is not for us 105th, 107th, and 108th Congresses, Congress maternal body. A child that is completely born to review the congressional resolution of these finds and declares that: factors. It is enough that we be able to perceive (A) Partial-birth abortion poses serious risks is a full, legal person entitled to constitutional protections afforded a ‘‘person’’ under the a basis upon which the Congress might resolve to the health of a woman undergoing the proce- United States Constitution. Partial-birth abor- the conflict as it did. There plainly was such a dure. Those risks include, among other things: tions involve the killing of a child that is in the basis to support section 4(e) in the application an increase in a woman’s risk of suffering from process, in fact mere inches away from, becom- in question in this case.’’. Id. at 653. cervical incompetence, a result of cervical dila- ing a ‘‘person’’. Thus, the government has a (10) Katzenbach’s highly deferential review of tion making it difficult or impossible for a heightened interest in protecting the life of the Congress’ factual conclusions was relied upon woman to successfully carry a subsequent preg- by the United States District Court for the Dis- partially-born child. nancy to term; an increased risk of uterine rup- (I) This, too, has not gone unnoticed in the trict of Columbia when it upheld the ‘‘bail-out’’ ture, abruption, amniotic fluid embolus, and medical community, where a prominent medical provisions of the Voting Rights Act of 1965, (42 trauma to the uterus as a result of converting association has recognized that partial-birth U.S.C. 1973c), stating that ‘‘congressional fact the child to a footling breech position, a proce- abortions are ‘‘ethically different from other de- finding, to which we are inclined to pay great dure which, according to a leading obstetrics structive abortion techniques because the fetus, deference, strengthens the inference that, in textbook, ‘‘there are very few, if any, indica- normally twenty weeks or longer in gestation, is those jurisdictions covered by the Act, state ac- tions for * * * other than for delivery of a sec- killed outside of the womb’’. According to this tions discriminatory in effect are discriminatory ond twin’’; and a risk of lacerations and sec- medical association, the ‘‘ ‘partial birth’ gives in purpose’’. City of Rome, Georgia v. U.S., 472 ondary hemorrhaging due to the doctor blindly the fetus an autonomy which separates it from F. Supp. 221 (D.D.C. 1979) aff’d City of Rome, forcing a sharp instrument into the base of the the right of the woman to choose treatments for Georgia v. U.S., 446 U.S. 156 (1980). unborn child’s skull while he or she is lodged in her own body’’. (11) The Court continued its practice of defer- the birth canal, an act which could result in se- (J) Partial-birth abortion also confuses the ring to congressional factual findings in review- vere bleeding, brings with it the threat of shock, medical, legal, and ethical duties of physicians ing the constitutionality of the must-carry pro- and could ultimately result in maternal death. to preserve and promote life, as the physician visions of the Cable Television Consumer Protec- (B) There is no credible medical evidence that acts directly against the physical life of a child, tion and Competition Act of 1992. See Turner partial-birth abortions are safe or are safer than whom he or she had just delivered, all but the Broadcasting System, Inc. v. Federal Commu- other abortion procedures. No controlled studies head, out of the womb, in order to end that life. nications Commission, 512 U.S. 622 (1994) (Turn- of partial-birth abortions have been conducted Partial-birth abortion thus appropriates the ter- er I) and Turner Broadcasting System, Inc. v. nor have any comparative studies been con- minology and techniques used by obstetricians Federal Communications Commission, 520 U.S. ducted to demonstrate its safety and efficacy in the delivery of living children—obstetricians 180 (1997) (Turner II). At issue in the Turner compared to other abortion methods. Further- who preserve and protect the life of the mother cases was Congress’ legislative finding that, ab- more, there have been no articles published in and the child—and instead uses those tech- sent mandatory carriage rules, the continued vi- peer-reviewed journals that establish that par- niques to end the life of the partially-born child. ability of local broadcast television would be tial-birth abortions are superior in any way to (K) Thus, by aborting a child in the manner ‘‘seriously jeopardized’’. The Turner I Court established abortion procedures. Indeed, unlike that purposefully seeks to kill the child after he recognized that as an institution, ‘‘Congress is other more commonly used abortion procedures, or she has begun the process of birth, partial- far better equipped than the judiciary to ‘amass there are currently no medical schools that pro- birth abortion undermines the public’s percep- and evaluate the vast amounts of data’ bearing vide instruction on abortions that include the tion of the appropriate role of a physician dur- upon an issue as complex and dynamic as that instruction in partial-birth abortions in their ing the delivery process, and perverts a process presented here’’. 512 U.S. at 665–66. Although curriculum. during which life is brought into the world, in the Court recognized that ‘‘the deference af- (C) A prominent medical association has con- order to destroy a partially-born child. forded to legislative findings does ‘not foreclose cluded that partial-birth abortion is ‘‘not an ac- (L) The gruesome and inhumane nature of the our independent judgment of the facts bearing cepted medical practice’’, that it has ‘‘never partial-birth abortion procedure and its dis- on an issue of constitutional law,’’’ its ‘‘obliga- been subject to even a minimal amount of the turbing similarity to the killing of a newborn in- tion to exercise independent judgment when normal medical practice development,’’ that fant promotes a complete disregard for infant First Amendment rights are implicated is not a ‘‘the relative advantages and disadvantages of human life that can only be countered by a pro- license to reweigh the evidence de novo, or to re- the procedure in specific circumstances remain hibition of the procedure.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A30SE7.015 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8993 (M) The vast majority of babies killed during criminal conduct or the plaintiff consented to erately and intentionally vaginally delivers partial-birth abortions are alive until the end of the abortion. a living, unborn child’s body until either the the procedure. It is a medical fact, however, ‘‘(2) Such relief shall include— entire baby’s head is outside the body of the that unborn infants at this stage can feel pain ‘‘(A) money damages for all injuries, psycho- mother, or, any part of the baby’s trunk past when subjected to painful stimuli and that their logical and physical, occasioned by the violation the navel is outside the body of the mother perception of this pain is even more intense than of this section; and and only the head remains inside the womb, that of newborn infants and older children ‘‘(B) statutory damages equal to three times for the purpose of performing an overt act when subjected to the same stimuli. Thus, dur- the cost of the partial-birth abortion. (usually the puncturing of the back of the ing a partial-birth abortion procedure, the child ‘‘(d)(1) A defendant accused of an offense child’s skull and removing the child’s brains) will fully experience the pain associated with under this section may seek a hearing before the that the person knows will kill the partially piercing his or her skull and sucking out his or State Medical Board on whether the physician’s delivered living infant, performs this act, her brain. conduct was necessary to save the life of the and then completes delivery of the dead in- (N) Implicitly approving such a brutal and in- mother whose life was endangered by a physical fant—is a gruesome and inhumane procedure humane procedure by choosing not to prohibit it disorder, physical illness, or physical injury, in- that is never medically necessary and should will further coarsen society to the humanity of cluding a life-endangering physical condition be prohibited. not only newborns, but all vulnerable and inno- caused by or arising from the pregnancy itself. Paragraph (2) in Section 2 of the con- cent human life, making it increasingly difficult ‘‘(2) The findings on that issue are admissible ference report is identical to paragraph (2) in to protect such life. Thus, Congress has a com- on that issue at the trial of the defendant. Upon Section 2 of the House amendment and para- pelling interest in acting—indeed it must act—to a motion of the defendant, the court shall delay graph (2) in Section 2 of the Senate bill. In prohibit this inhumane procedure. the beginning of the trial for not more than 30 paragraph (2), Congress finds that rather (O) For these reasons, Congress finds that days to permit such a hearing to take place. than being an abortion procedure that is em- partial-birth abortion is never medically indi- ‘‘(e) A woman upon whom a partial-birth braced by the medical community, particu- cated to preserve the health of the mother; is in abortion is performed may not be prosecuted larly among physicians who routinely per- fact unrecognized as a valid abortion procedure under this section, for a conspiracy to violate form other abortion procedures, partial-birth by the mainstream medical community; poses this section, or for an offense under section 2, 3, abortion remains a disfavored procedure that additional health risks to the mother; blurs the or 4 of this title based on a violation of this sec- is not only unnecessary to preserve the line between abortion and infanticide in the tion.’’. health of the mother, but in fact poses seri- killing of a partially-born child just inches from (b) CLERICAL AMENDMENT.—The table of ous risks to the long-term health of women birth; and confuses the role of the physician in chapters for part I of title 18, United States and in some circumstances, their lives. Con- childbirth and should, therefore, be banned. Code, is amended by inserting after the item re- gress also finds that as a result, at least 27 States banned the procedure as did the SEC. 3. PROHIBITION ON PARTIAL-BIRTH ABOR- lating to chapter 73 the following new item: TIONS. ‘‘74. Partial-birth abortions ...... 1531’’. United States Congress which voted to ban (a) IN GENERAL.—Title 18, United States Code, And the House agree to the same. the procedure during the 104th, 105th, and is amended by inserting after chapter 73 the fol- 106th Congresses. F. JAMES SENSENBRENNER, lowing: Paragraph (3) in Section 2 of the con- HENRY HYDE, ference report is identical to paragraph (3) in ‘‘CHAPTER 74—PARTIAL-BIRTH STEVE CHABOT, Section 2 of the House amendment and para- ABORTIONS Managers on the Part of the House. graph (3) in Section 2 of the Senate bill. In ‘‘Sec. paragraph (3), Congress finds that in Stenberg ORRIN HATCH, ‘‘1531. Partial-birth abortions prohibited. v. Carhart, 530 U.S. 914, 932 (2000), the United RICK SANTORUM, ‘‘§ 1531. Partial-birth abortions prohibited States Supreme Court, which did not have in MIKE DEWINE, ‘‘(a) Any physician who, in or affecting inter- Managers on the Part of the Senate. front of it the extensive factual record com- state or foreign commerce, knowingly performs a piled by Congress, construed the record in JOINT EXPLANATORY STATEMENT OF partial-birth abortion and thereby kills a human that case to support ‘‘the proposition that in THE COMMITTEE OF CONFERENCE fetus shall be fined under this title or impris- some circumstances, [partial-birth abortion] oned not more than 2 years, or both. This sub- The managers on the part of the House and would be the safest procedure’’ for pregnant section does not apply to a partial-birth abor- the Senate at the conference on the dis- women who wish to undergo an abortion. tion that is necessary to save the life of a moth- agreeing votes of the two Houses on the Congress also finds that as a result of having er whose life is endangered by a physical dis- amendment of the House to the bill (S. 3), to reached this conclusion the Court struck order, physical illness, or physical injury, in- prohibit the procedure commonly known as down the State of Nebraska’s ban on partial- cluding a life-endangering physical condition partial-birth abortion, submit the following birth abortion procedures, concluding that it caused by or arising from the pregnancy itself. joint statement to the House and the Senate failed to include an exception for partial- This subsection takes effect 1 day after the en- in explanation of the effect of the action birth abortions deemed necessary to preserve actment. agreed upon by the managers and rec- the ‘‘health’’ of the mother, and placed an ‘‘(b) As used in this section— ommended in the accompanying conference ‘‘undue burden’’ on women seeking abor- ‘‘(1) the term ‘partial-birth abortion’ means an report: tions. abortion in which the person performing the The House amendment struck all the Sen- Paragraph (4) in Section 2 of the con- abortion— ate bill after the enacting clause and in- ference report is identical to paragraph (4) in ‘‘(A) deliberately and intentionally vaginally serted a substitute text. Section 2 of the House amendment and para- delivers a living fetus until, in the case of a The Senate recedes from its disagreement graph (4) in Section 2 of the Senate bill. In head-first presentation, the entire fetal head is to the amendment of the House with an paragraph (4), Congress finds that the outside the body of the mother, or, in the case amendment that is a substitue for the Sen- Court’s decision was based on the Federal of breech presentation, any part of the fetal ate bill and the House amendment. The dif- district court’s factual findings that the par- trunk past the navel is outside the body of the ferences between the Senate bill, the House tial-birth abortion procedure was statis- mother, for the purpose of performing an overt amendment, and the substitute agreed to in tically and medically as safe as, and in many act that the person knows will kill the partially conference are noted below, except for cler- circumstances safer than, alternative abor- delivered living fetus; and ical corrections, conforming changes made tion procedures—findings which are contra- ‘‘(B) performs the overt act, other than com- necessary by agreements reached by the con- dicted by Congress’s extensive factual record pletion of delivery, that kills the partially deliv- ferees, and minor drafting and clarifying presented and compiled during the 104th, ered living fetus; and changes. 105th, 107th, and 108th Congresses. ‘‘(2) the term ‘physician’ means a doctor of Section 1. Short title Paragraph (5) in Section 2 of the con- medicine or osteopathy legally authorized to ference report is substantially similar, with Section 1 of the conference report is iden- practice medicine and surgery by the State in clarifications, to paragraph (5) in Section 2 tical to Section 1 of the House amendment which the doctor performs such activity, or any of the House passed bill and paragraph (5) in and Section 1 of the Senate bill. Section 1 other individual legally authorized by the State Section 2 of the Senate passed bill. In para- states that the short title of this measure is to perform abortions: Provided, however, That graph (5) Congress finds that substantial evi- the ‘‘Partial-Birth Abortion Ban Act of any individual who is not a physician or not dence presented at the Stenberg trial, and the 2003.’’ otherwise legally authorized by the State to per- overwhelming evidence that was presented form abortions, but who nevertheless directly Section 2. Findings and compiled at extensive Congressional performs a partial-birth abortion, shall be sub- Paragraph (1) in Section 2 of the con- hearings, much of which was compiled after ject to the provisions of this section. ference report is substantially similar, with the district court hearing in Stenberg, and ‘‘(c)(1) The father, if married to the mother at clarifications, to paragraph (1) in Section 2 thus not included in the Stenberg trial the time she receives a partial-birth abortion of the House passed bill and paragraph (1) in record, demonstrates that a partial-birth procedure, and if the mother has not attained Section 2 of the Senate passed bill. In para- abortion is never necessary to preserve the the age of 18 years at the time of the abortion, graph (1) Congress finds that a moral, med- health of a woman, poses significant health the maternal grandparents of the fetus, may in ical, and ethical consensus exists that the risks to a woman upon whom the procedure a civil action obtain appropriate relief, unless practice of performing a partial-birth abor- is performed, and is outside of the standard the pregnancy resulted from the plaintiff’s tion—an abortion in which a physician delib- of medical care.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.018 H30PT1 H8994 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Paragraph (6) in Section 2 of the con- Congress’s factual conclusions was relied held during the 104th, 105th, 107th, and 108th ference report is identical to paragraph (6) in upon by the United States District Court for Congresses and passed a ban on partial-birth Section 2 of the House amendment and para- the District of Columbia when it upheld the abortion in the 104th, 105th, and 106th Con- graph (6) in Section 2 of the Senate bill. In ‘‘bail-out’’ provisions of the Voting Rights gresses. Congress finds that these findings paragraph (6), Congress finds that despite the Act of 1965, (42 U.S.C. 1973c), stating that reflect its very informed judgment that a dearth of evidence in the Stenberg trial court ‘‘congressional fact finding, to which we are partial-birth abortion is never necessary to record supporting the district court’s find- inclined to pay great deference, strengthens preserve the health of a woman, poses seri- ings, the United States Court of Appeals for the inference that, in those jurisdictions cov- ous risks to a woman’s health, and lies out- the Eighth Circuit and the Supreme Court ered by the Act, state actions discriminatory side the standard of medical care, and refused to set aside the district court’s fac- in effect are discriminatory in purpose.’’ City should, therefore, be banned. tual findings because, under the applicable of Rome, Georgia v. U.S., 472 F. Supp. 221 (D. Paragraph (14) in Section 2 of the con- standard of appellate review, they were not D.C. 1979), affd, 446 U.S. 156 (1980). ference report is substantively identical, ‘‘clearly erroneous.’’ Congress also finds that Paragraph (11) in Section 2 of the con- with technical clarifications, to paragraph a finding of fact is clearly erroneous ‘‘when ference report is identical to paragraph (11) (14) in Section 2 of the House amendment although there is evidence to support it, the in Section 2 of the House amendment and and paragraph (14) in Section 2 of the Senate reviewing court on the entire evidence is left paragraph (11) in Section 2 of the Senate bill. bill. In paragraph (14), Congress, pursuant to with the definite and firm conviction that a In paragraph (11), Congress finds that the the substantial and credible testimony re- mistake has been committed’’ Anderson v. Court continued its practice of deferring to ceived during extensive legislative hearings City of Bessemer, North Carolina, 470 U.S. 564, congressional factual findings in reviewing during the 104th, 105th, 107th, and 108th Con- 573 (1985). Congress also finds that under this the constitutionality of the must-carry pro- gresses, lists its declarations regarding the standard, ‘‘if the district court’s account of visions of the Cable Television Consumer partial-birth abortion procedure: the evidence is plausible in light of the Protection and Competition Act of 1992. See Paragraph (14)(A) in Section 2 of the con- record viewed in its entirety, the court of ap- Turner Broadcasting System, Inc. v. Federal ference report is identical to paragraph peals may not reverse it even though con- Communications Commission, 512 U.S. 622 (1994) (14)(A) in Section 2 of the House amendment vinced that had it been sitting as the trier of (Turner I) and Turner Broadcasting System, and paragraph (14)(A) in Section 2 of the Sen- fact, it would have weighed the evidence dif- Inc. v. Federal Communications Commission, ate bill. In paragraph (14)(A), Congress de- ferently.’’ Id. at 574. 520 U.S. 180 (1997) (Turner II). Congress finds clares that a partial-birth abortion poses se- Paragraph (7) in Section 2 of the con- that at issue in the Turner cases was Con- rious risks to the health of a woman under- ference report is identical to paragraph (7) in gress’ legislative finding that, absent manda- going the procedure. Those risks include, Section 2 of the House amendment and para- tory carriage rules, the continued viability among other things: an increase in a wom- graph (7) in Section 2 of the Senate bill. In of local broadcast television would be ‘‘seri- an’s risk of suffering from cervical incom- paragraph (7), Congress finds that in ously jeopardized.’’ Congress finds that the petence, a result of cervical dilation making Stenberg, the United States Supreme Court Turner I Court recognized that as an institu- it difficult or impossible for a woman to suc- was required to accept the very questionable tion, ‘‘Congress is far better equipped than cessfully carry a subsequent pregnancy to findings issued by the district court judge— the judiciary to ‘amass and evaluate the vast term; an increased risk of uterine rupture, the effect of which was to render null and amounts of data’ bearing upon an issue as abruption, amniotic fluid embolus, and trau- void the reasoned factual findings and policy complex and dynamic as that presented ma to the uterus as a result of converting determinations of the United States Con- here.’’ 512 U.S. at 665–66. Although the Court the child to a footling breech position, a pro- gress and at least 27 State legislatures. recognized that ‘‘the deference afforded to cedure which, according to a leading obstet- Paragraph (8) in Section 2 of the con- legislative findings does ‘not foreclose our rics textbook, ‘‘there are very few, if any, in- ference report is identical to paragraph (8) in independent judgment of the facts bearing on dications for * * * other than for delivery of Section 2 of the House amendment and para- an issue of constitutional law,’’’ its ‘‘obliga- a second twin’’; and a risk of lacerations and graph (8) in Section 2 of the Senate bill. In tion to exercise independent judgment when secondary hemorrhaging due to the doctor paragraph (8), Congress finds that under First Amendment rights are implicated is blindly forcing a sharp instrument into the well-settled Supreme Court jurisprudence, it not a license to reweigh the evidence de base of the unborn child’s skull while he or is not bound to accept the same factual find- novo, or to replace Congress’ factual pre- she is lodged in the birth canal, an act which ings that the Supreme Court was bound to dictions with our own. Rather, it is to assure could result in severe bleeding, brings with it accept in Stenberg under the ‘‘clearly erro- that, in formulating its judgments, Congress the threat of shock, and could ultimately re- neous’’ standard. Congress also finds that it has drawn reasonable inferences based on sult in maternal death. Therefore, Congress is entitled to reach its own factual findings— substantial evidence.’’ Id. at 666. concludes that those who express the view findings that the Supreme Court accords Paragraph (12) in Section 2 of the con- that partial-birth abortion may be a safer great deference—and to enact legislation ference report is identical to paragraph (12) method of abortion in some circumstances based upon these findings so long as it seeks in Section 2 of the House amendment and have never examined the severe risks of the to pursue a legitimate interest that is within paragraph (12) in Section 2 of the Senate bill. procedure to the health of the mother and the scope of the Constitution, and draws rea- In paragraph (12), Congress finds that three have not demonstrated that this procedure is sonable inferences based upon substantial years later in Turner II, the Court upheld the a safe, medically accepted, standard of care. evidence. ‘‘must-carry’’ provisions based upon Con- Paragraph (14)(B) in Section 2 of the con- Paragraph (9) in Section 2 of the con- gress’ findings, stating the Court’s ‘‘sole ob- ference report is identical to paragraph ference report is identical to paragraph (9) in ligation is ‘to assure that, in formulating its (14)(B) in Section 2 of the House amendment Section 2 of the House amendment and para- judgments, Congress has drawn reasonable and paragraph (14)(B) in Section 2 of the Sen- graph (9) in Section 2 of the Senate bill. In inferences based on substantial evidence.’’’ ate bill. In paragraph (14)(B), Congress de- paragraph (9), Congress finds that in Katzen- 520 U.S. at 195. Congress finds that, citing its clares that there is no credible medical evi- bach v. Morgan, 384 U.S. 641 (1966), the Su- ruling in Turner I, the Court reiterated that dence that partial-birth abortions are safe or preme Court articulated its highly deferen- ‘‘[w]e owe Congress’ findings deference in are safer than other abortion procedures. tial review of Congressional factual findings part because the institution ‘is far better Congress also declares that no controlled when it addressed the constitutionality of equipped than the judiciary to ‘‘amass and studies of partial-birth abortions have been section 4(e) of the Voting Rights Act of 1965. evaluate the vast amounts of data’’ bearing conducted nor have any comparative studies Regarding Congress’ factual determination upon’ legislative questions,’’ Id. at 195, and been conducted to demonstrate its safety that section 4(e) would assist the Puerto added that it ‘‘owe[d] Congress’ findings an and efficacy compared to other abortion Rican community in ‘‘gaining nondiscrim- additional measure of deference out of re- methods. Congress further declares that inatory treatment in public services,’’ the spect for its authority to exercise the legis- there have been no articles published in peer- Court stated that ‘‘[i]t was for Congress, as lative power.’’ Id. at 196. reviewed journals that establish that partial- the branch that made this judgment, to as- Paragraph (13) in Section 2 of the con- birth abortions are superior in any way to sess and weigh the various conflicting con- ference report is substantively identical, established abortion procedures. Congress siderations. * * * It is not for us to review with technical clarifications, to paragraph also declares that unlike other more com- the congressional resolution of these factors. (13) in Section 2 of the House amendment monly used abortion procedures, there are It is enough that we be able to perceive a and paragraph (13) in Section 2 of the Senate currently no medical schools that provide in- basis upon which the Congress might resolve bill. In paragraph (13), Congress finds that struction on abortions that include the in- the conflict as it did. There plainly was such there exists substantial record evidence upon struction in partial-birth abortions in their a basis to support section 4(e) in the applica- which Congress has reached its conclusion curriculum. tion in question in this case.’’ Id. at 653. that a ban on partial-birth abortion is not Paragraph (14)(C) in Section 2 of the con- Paragraph (10) in Section 2 of the con- required to contain a ‘‘health’’ exception, be- ference report is identical to paragraph ference report is substantively identical, cause the facts demonstrate that a partial- (14)(C) in Section 2 of the House amendment with technical clarifications, to paragraph birth abortion is never necessary to preserve and paragraph (14)(C) in Section 2 of the Sen- (10) in Section 2 of the House amendment the health of a woman, poses serious risks to ate bill. In paragraph (14)(C), Congress de- and paragraph (10) in Section 2 of the Senate a woman’s health, and lies outside the stand- clares that a prominent medical association bill. In paragraph (10), Congress finds that ard of medical care. Congress also finds that has concluded that partial-birth abortion is Katzenbach’s highly deferential review of it has been informed by extensive hearings ‘‘not an accepted medical practice,’’ that it

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.021 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8995 has ‘‘never been subject to even a minimal tonomy that is separate and distinct from subject to partial-birth abortion. Partial- amount of the normal medical practice de- that of the mother. Thus, the government birth abortion is an extremely painful proce- velopment,’’ that ‘‘the relative advantages has a heightened interest in protecting the dure for the fetus and, during a partial-birth and disadvantages of the procedure in spe- life of the partially-born child. abortion procedure, the child will fully expe- cific circumstances remain unknown,’’ and Paragraph (14)(I) in Section 2 of the con- rience the pain associated with piercing his that ‘‘there is no consensus among obstetri- ference report is identical to paragraph or her skull and sucking out his or her brain. cians about its use.’’ The association has fur- (14)(I) in Section 2 of the House amendment Paragraph (14)(N) in Section 2 of the con- ther noted that partial-birth abortion is and paragraph (14)(I) in Section 2 of the Sen- ference report is identical to paragraph broadly disfavored by both medical experts ate bill. In paragraph (14)(I), Congress de- (14)(N) in Section 2 of the House amendment and the public, is ‘‘ethically wrong,’’ and ‘‘is clares that the distinction between a partial- and paragraph (14)(N) in Section 2 of the Sen- never the only appropriate procedure.’’ birth abortion and other abortion methods ate bill. In paragraph (14)(N), Congress de- Paragraph (14)(D) in Section 2 of the con- has been recognized by the medical commu- clares that implicitly approving such a bru- ference report is identical to paragraph nity, where a prominent medical association tal and inhumane procedure by choosing not (14)(D) in Section 2 of the House amendment has recognized that partial-birth abortions to prohibit it will further coarsen society to and paragraph (14)(D) in Section 2 of the Sen- are ‘‘ethically different from other destruc- the humanity of not only newborns, but all ate bill. In paragraph (14)(D), Congress de- tive abortion techniques because the fetus, vulnerable and innocent human life, making clares that those who espouse the view that normally twenty weeks or longer in gesta- it increasingly difficult to protect such life. partial-birth abortion ‘‘may’’ be the most ap- tion, is killed outside of the womb.’’ Accord- Congress further declares that as a result it propriate abortion procedure for some ing to this medical association, the ‘‘ ‘partial has a compelling interest in acting—indeed women in ‘‘some’’ circumstances, such as the birth’ gives the fetus an autonomy which it must act—to prohibit this inhumane pro- plaintiff in Stenberg v. Carhart and the ex- separates it from the right of the woman to cedure. perts who testified on his behalf, have failed choose treatments for her own body.’’ Paragraph (14)(O) in Section 2 of the con- to identify such circumstances and base Paragraph (14)(J) in Section 2 of the con- ference report is identical to paragraph their opinion on theoretical speculation, not ference report is identical to paragraph (14)(O) in Section 2 of the House amendment actual evidence that demonstrates the rel- (14)(J) in Section 2 of the House amendment and paragraph (14)(O) in Section 2 of the Sen- ative safety of this abortion procedure. and paragraph (14)(J) in Section 2 of the Sen- ate bill. In paragraph (14)(O), Congress de- Paragraph (14)(E) in Section 2 of the con- ate bill. In paragraph (14)(J), Congress de- clares that for these reasons, it finds that ference report is identical to paragraph clares that a partial-birth abortion also con- partial-birth abortion is never medically in- (14)(E) in Section 2 of the House amendment fuses the medical, legal, and ethical duties of dicated to preserve the health of the mother; and paragraph (14)(E) in Section 2 of the Sen- physicians to preserve and promote life, as is in fact unrecognized as a valid abortion ate bill. In paragraph (14)(E), Congress de- the physician acts directly against the phys- procedure by the mainstream medical com- clares that the physician credited with de- ical life of a child, whom he or she had just munity; poses additional health risks to the veloping the partial-birth abortion procedure delivered, all but the head, out of the womb, mother; blurs the line between abortion and has testified that he has never encountered a in order to end that life. Congress further de- infanticide in the killing of a partially-born situation where a partial-birth abortion was clares that a partial-birth abortion thus ap- child just inches from birth; and confuses the medically necessary to achieve the desired propriates the terminology and techniques role of the physician in childbirth and outcome and, thus, is never medically nec- used by obstetricians in the delivery of liv- should, therefore, be banned. essary to preserve the health of a woman. ing children—obstetricians who preserve and Section 3. Prohibition on partial-birth abortions Paragraph (14)(F) in Section 2 of the con- protect the life of the mother and the child— Subsection (a) in Section 3 of the con- ference report is identical to paragraph and instead uses those techniques to end the ference report is identical to subsection (a) (14)(F) in the House amendment and para- life of the partially-born child. in Section 3 of the House amendment and graph (14)(F) in the Senate bill. In paragraph Paragraph (14)(K) in Section 2 of the con- subsection (a) in Section 3 of the Senate bill. (14)(F), Congress declares that a ban on the ference report is identical to paragraph In subsection (a) of Section 3 Congress partial-birth abortion procedure will ad- (14)(K) in Section 2 of the House amendment amends title 18 of the United States Code by vance the health interests of pregnant and paragraph (14)(K) in Section 2 of the Sen- inserting a new chapter 74 consisting of a women seeking to terminate a pregnancy. ate bill. In paragraph (14)(K), Congress de- new 18 U.S.C. 1531: Paragraph (14)(G) in Section 2 of the con- clares that by aborting a child in the manner Subsection (a) of the new section 1531 con- ference report is identical to paragraph that purposefully seeks to kill the child after tained in Section 3(a) of the conference re- (14)(G) in the House amendment and para- he or she has begun the process of birth, par- port is identical to subsection (a) of the new graph (14)(G) in the Senate bill. In paragraph tial-birth abortion undermines the public’s section 1531 proposed in Section 3(a) of the (14)(G), Congress declares that in light of perception of the appropriate role of a physi- House amendment and subsection (a) of the this overwhelming evidence, Congress and cian during the delivery process, and per- new section 1531 proposed in Section 3(a) of the States have a compelling interest in pro- verts a process during which life is brought the Senate bill. Subsection (a) prohibits any hibiting partial-birth abortions. Congress into the world, in order to destroy a par- physician from, in or affecting interstate or also declares that in addition to promoting tially-born child. foreign commerce, knowingly performing a maternal health, such a prohibition will Paragraph (14)(L) in Section 2 of the con- partial-birth abortion and thereby killing a draw a bright line that clearly distinguishes ference report is identical to paragraph human fetus. A physician who does so shall abortion and infanticide, that preserves the (14)(L) in Section 2 of the House amendment be fined under this title or imprisoned not integrity of the medical profession, and pro- and paragraph (14)(L) in Section 2 of the Sen- more than 2 years, or both. This paragraph motes respect for human life. ate bill. In paragraph (14)(L), Congress de- does not apply to a partial-birth abortion Paragraph (14)(H) in Section 2 of the con- clares that the gruesome and inhumane na- that is necessary to save the life of a mother ference report is identical to paragraph ture of the partial-birth abortion procedure whose life is endangered by a physical dis- (14)(H) in the House amendment and (14)(H) and its disturbing similarity to the killing of order, physical illness, or physical injury, in- in the Senate bill. In paragraph (14)(H), Con- a newborn infant promotes a complete dis- cluding a life-endangering physical condition gress declares that based upon Roe v. Wade, regard for infant human life that can only be caused by or arising from the pregnancy 410 U. S. 113 (1973), and Planned Parenthood v. countered by a prohibition of the procedure. itself. This paragraph takes effect 1 day after Casey, 505 U.S. 833 (1992), a governmental in- Paragraph (14)(M) in Section 2 of the con- the enactment. terest in protecting the life of a child during ference report is identical to paragraph Subsection (b)(1) of the new section 1531 the delivery process arises, in part, by virtue (14)(M) in Section 2 of the House amendment contained in Section 3(a) of the conference of the fact that during a partial-birth abor- and paragraph (14)(M) in Section 2 of the report is substantively identical, with tech- tion, labor is induced and the birth process Senate bill. In paragraph (14)(M), Congress nical clarifications, to subsection (b)(1) of has begun. Congress further declares that declares that the vast majority of babies the new section 1531 proposed in Section 3(a) this distinction was recognized in Roe when killed during partial-birth abortions are of the House amendment and subsection the Court noted, without comment, that the alive until the end of the procedure. Con- (b)(1) of the new section 1531 proposed in Sec- Texas parturition statute, which prohibited gress further declares that it is a medical tion 3(a) of the Senate bill. Subsection (b)(1) one from killing a child ‘‘in a state of being fact, however, that unborn infants at this states that a partial-birth abortion means an born and before actual birth,’’ was not under stage can feel pain when subjected to painful abortion in which the person performing the attack. Congress declares that this interest stimuli and that their perception of this pain abortion deliberately and intentionally becomes compelling as the child emerges is even more intense than that of newborn vaginally delivers an intact living fetus from the maternal body. Congress declares infants and older children when subjected to until, in the case of a head-first presen- that a child that is completely born is a full, the same stimuli. Evidence compiled by Con- tation, the entire fetal head is outside the legal person entitled to constitutional pro- gress demonstrates that fetuses on whom in body of the mother, or, in the case of breech tections afforded a ‘‘person’’ under the utero surgery is performed for medical rea- presentation, any part of the fetal trunk United States Constitution. Congress de- sons feel pain from needles and instruments past the navel is outside the body of the clares that partial-birth abortions involve and are provided anesthesia. Pain manage- mother, for the purpose of performing an the killing of a child that is in the process, ment is an important part of care provided overt act that the person knows will kill the in fact mere inches away from, becoming a to infants cared for in neonatal units who partially delivered living fetus and the per- ‘‘person.’’ Partial birth gives the fetus an au- are of the same gestational ages as those son performing the abortion performs the

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.022 H30PT1 H8996 CONGRESSIONAL RECORD — HOUSE September 30, 2003 overt act (such as the removal of the a woman upon whom a partial-birth abortion (ii) Subsection (b), but with the effective intracranial contents), other than comple- is performed may not be prosecuted under date applicable under section 405(c)(2) of the tion of delivery, that kills the partially de- this section, for a conspiracy to violate this House bill. livered intact living fetus. section, or for an offense under section 2, 3, (iii) Subsections (e), (f), and (g). Subsection (b)(2) of the new section 1531 or 4 of this title based on a violation of this (E) Section 414 (relating to rural commu- contained in Section 3(a) of the conference section. nity hospital demonstration program). report is identical to subsection (b)(2) of the Subsection (b) in Section 3 of the con- (F) Section 415 (relating to critical access new section 1531 proposed in Section 3(a) of ference report is identical to subsection (b) hospital improvement demonstration pro- the House amendment and subsection (b)(2) in Section 3 of the House amendment and gram). of the new section 1531 proposed in Section subsection (b) in Section 3 of the Senate bill. (G) Section 417 (relating to treatment of 3(a) of the Senate bill. Subsection (b)(2) de- Subsection (b) is a clerical amendment to in- certain entities for purposes of payment fines the term ‘‘physician’’ as a doctor of sert the new chapter in the table of chapters under the medicare program). medicine or osteopathy legally authorized to for part I of title 18, after the item relating (H) Section 420 (relating to conforming practice medicine and surgery by the State to chapter 73. changes relating to Federally qualified in which the doctor performs such activity, Section 4 of the Senate bill had no counter- health centers). or any other individual legally authorized by part in the House amendment, and it is not (I) Section 420A (relating to increase for the State to perform abortions: Provided, included in the substitute agreed to by the hospitals with disproportionate indigent care however, that any individual who is not a managers. revenues). physician or not otherwise legally author- (J) Section 421 (relating to establishment ized by the State to perform abortions, but F. JAMES SENSENBRENNER, of floor on geographic adjustments of pay- who nevertheless directly performs a partial- HENRY HYDE, ments for physicians’ services). birth abortion, shall be subject to the provi- STEVE CHABOT, (K) Section 425 (relating to temporary in- sions of this section. Managers on the Part of the House. crease for ground ambulance services), but Subsection (c)(1) of the new section 1531 ORRIN HATCH, with the effective date applicable under the contained in Section 3(a) of the conference RICK SANTORUM, amendment made by section 401(2) of the report is identical to subsection (c)(1) of the MIKE DEWINE, House bill. new section 1531 proposed in Section 3(a) of Managers on the Part of the Senate. (L) Section 426 (relating to appropriate the House amendment and subsection (c)(1) coverage of air ambulance services under f of the new section 1531 proposed in Section ambulance fee schedule). 3(a) of the Senate bill. Subsection (c)(1) pro- b 1915 (M) Section 427 (relating to treatment of vides for a civil cause of action for the fa- certain clinical diagnostic laboratory tests ther, if married to the mother at the time REMOVAL OF NAME OF MEMBER furnished by a sole community hospital). she receives a partial-birth abortion proce- AS COSPONSOR OF H.R. 3193 (N) Section 428 (relating to improvement in dure, and if the mother has not attained the Mr. PORTER. Mr. Speaker, I ask rural health clinic reimbursement). age of 18 years at the time of the abortion, unanimous consent to have my name (O) Section 444 (relating to GAO study of the maternal grandparents of the fetus, un- removed as a cosponsor of H.R. 3193. geographic differences in payments for phy- less the pregnancy resulted from the plain- sicians’ services). tiff’s criminal conduct or the plaintiff con- My name was added to the list of co- (A) Section 402 (relating to immediate es- sented to the abortion. sponsors inadvertently. tablishment of uniform standardized amount Subsection (c)(2) of the new section 1531 The SPEAKER pro tempore (Mr. in rural and small urban areas). contained in Section 3(a) of the conference GILCHREST). Is there objection to the (B) Section 403 (relating to establishment report is identical to subsection (c)(2) of the request of the gentleman from Nevada? of essential rural hospital classification). new section 1531 proposed in Section 3(a) of There was no objection. (C) Subsections (a), (b), (d), and (e) of sec- the House amendment and paragraph (c)(2) of tion 405 (relating to improvements to crit- f the new section 1531 proposed in Section 3(a) ical access hospital program). of the Senate bill. Subsection (c)(2), in para- ANNOUNCEMENT OF INTENTION TO (D) Section 416 (relating to revision of graph (A) provides that such relief shall in- OFFER MOTION TO INSTRUCT labor-related share of hospital inpatient pps clude money damages for all injuries, psy- CONFEREES ON H.R. 1, MEDI- wage index). chological and physical, occasioned by the CARE PRESCRIPTION DRUG AND (E) Section 417 (relating to medicare incen- violation of this section; and in paragraph tive payment program improvements). (B) that statutory damages equal to three MODERNIZATION ACT OF 2003 (F) Section 504 (relating to wage index times the cost of the partial-birth abortion. Mr. CASE. Mr. Speaker, subject to classification reform). Subsection (d)(1) of the new section 1531 rule XXII, clause 7(c), I hereby an- (G) Section 601 (relating to revision of up- contained in Section 3(a) of the conference nounce my intention to offer a motion dates for physician services). report is identical to subsection (d)(1) of the to instruct on H.R. 1, the Medicare pre- (H) Section 1001 (relating to medical dis- new section 1531 proposed in Section 3(a) of proportionate share hospital (DSH) pay- the House amendment and subsection (d)(1) scription drug bill. ments). of the new section 1531 proposed in Section The form of the motion is as follows: f 3(a) of the Senate bill. Subsection (d)(1) al- Mr. CASE moves that the managers on the lows a defendant accused of an offense under part of the House at the conference on the ANNOUNCEMENT OF INTENTION TO this section to seek a hearing before the disagreeing votes of the two Houses on the OFFER MOTION TO INSTRUCT State Medical Board on whether the physi- Senate amendment to the bill H.R. 1 be in- CONFEREES ON H.R. 1308, TAX cian’s conduct was necessary to save the life structed as follows: RELIEF, SIMPLIFICATION, AND of the mother whose life was endangered by (1) The House recede to the Senate on the EQUITY ACT OF 2003 a physical disorder, physical illness, or phys- provisions to guarantee access to prescrip- ical injury, including a life-endangering tion drug coverage under section 1860D–13(e) Mr. DAVIS of Alabama. Mr. Speaker, physical condition caused by or arising from of the Social Security Act, as added by sec- subject to rule XXII, clause 7(c), I here- the pregnancy itself. tion 101(a) of the Senate amendment. by announce my intention to offer a Subsection (d)(2) of the new section 1531 (2) To reject the provisions of section 501 of motion to instruct on H.R. 1308, the contained in Section 3(a) of the conference the House bill. child tax credit bill. report is identical to subsection (d)(2) of the (3) The House recede to the Senate on the new section 1531 proposed in Section 3 (a) of following provisions of the Senate amend- The form of the motion is as follows: the House amendment and subsection (d)(2) ment to improve rural health care: Mr. DAVIS of Alabama moves that the man- of the new section 1531 proposed in Section 3 (A) Section 403 (relating to inpatient hos- agers on the part of the House in the con- (a) of the Senate bill. Subsection (d)(2) pro- pital adjustment for low volume hospitals). ference on the disagreeing votes of the two vides that the findings on that issue are ad- (B) Section 404 (relating to medicare dis- Houses on the House amendment to the Sen- missible on that issue at the trial of the de- proportionate share adjustment for rural ate amendment to H.R. 1308 be instructed as fendant. It also provides that upon a motion areas), but with the effective date applicable follows: of the defendant, the court shall delay the under section 401(b) of the House bill. 1. The House conferees shall be instructed beginning of the trial for not more than 30 (C) Section 404A (relating to MedPAC re- to include in the conference report the provi- days to permit such a hearing to take place. port on medicare disproportionate share hos- sion of the Senate amendment (not included Subsection (e) of the new section 1531 con- pital adjustment payments). in the House amendment) that provides im- tained in Section 3(a) of the conference re- (D) The following provisions of section 405 mediate payments to taxpayers receiving an port is identical to subsection (e) of the new (relating to critical access hospital improve- additional credit by reason of the bill in the section 1531 proposed in Section 3(a) of the ments): same manner as other taxpayers were enti- House amendment and subsection (e) of the (i) Subsection (a), but with the effective tled to immediate payments under the Jobs new section 1531 proposed in Section 3(a) of date applicable under section 405(f)(4) of the and Growth Tax Relief Reconciliation Act of the Senate bill. Subsection (e) provides that House bill. 2003.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.024 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8997 2. The House conferees shall be instructed And, Mr. Speaker, we need a full ac- THE CLEAR ACT OF 2003 to include in the conference report the provi- counting by the administration on sion of the Senate amendment (not included The SPEAKER pro tempore. Under a what they have spent the money for. I previous order of the House, the gen- in the House amendment) that provides fam- will be filing legislation to separate ilies of military personnel serving in Iraq, tleman from Georgia (Mr. NORWOOD) is Afghanistan, and other combat zones a child out the vote, voting for the moneys for recognized for 5 minutes. credit based on the earnings of the individ- our troops without question, but de- Mr. NORWOOD. Mr. Speaker, I rise uals serving in the combat zone. manding an explanation from this ad- on the floor of the House today to 3. The House conferees shall be instructed ministration before we vote any mon- share, sadly, yet another tragic story to include in the conference report all of the eys for reconstruction. of another instance where senseless other provisions of the Senate amendment What are the oil revenues going for, criminal acts, acts that could have and shall not report back a conference report Mr. Speaker? And I would say this, been prevented and should have never that includes additional tax benefits not off- that we spent only $7.5 billion in the set by other provisions. happened, were allowed to take place 4. To the maximum extent possible within Gulf War. Why? Because we had a le- because of our badly broken immigra- the scope of conference, the House conferees gitimate and solid alliance with our al- tion system. shall be instructed to include in the con- lies across the world. This is a mistake Mr. Speaker, for the last year, South ference report other tax benefits for military in the way we are doing this. We should Florida has been terrorized by a serial personnel and the families of the astronauts not vote for the $87 billion in totality. rapist. Beginning in September of last who died in the Columbia disaster. We must separate out the vote, and I year, seven females in the Miami area, 5. The House conferees shall, as soon as ask my colleagues to vote for this leg- ranging between the ages of 11 and 79, practicable after the adoption of this mo- islation. tion, meet in open session with the Senate have been victimized by a vicious, bru- conferees and the House conferees shall file a f tal criminal. Needless to say, the year- conference report consistent with the long attacks have left most women preceeding provisions of this instruction, not IRAQ SUPPLEMENTAL who live in the Miami area fearing for later than the second legislative day after (Mr. KINGSTON asked and was given their safety and on guard for these past adoption of this motion. permission to address the House for 1 12 months. f minute and to revise and extend his re- Thankfully, the local law enforce- ANNOUNCEMENT OF INTENTION TO marks.) ment authorities in the area believe OFFER MOTION TO INSTRUCT Mr. KINGSTON. Mr. Speaker, I want- they now have their man. Earlier this CONFEREES ON H.R. 6, ENERGY ed to speak on the subject of the sup- month, Miami police arrested POLICY ACT OF 2003 plemental budget. Eighty-seven billion Reynaldo Rapalo. A citizen of Hon- dollars is indeed a lot of money. Yet, duras, he is accused of raping the seven Mr. INSLEE. Mr. Speaker, pursuant women I mentioned earlier, and trying to rule XXII, I hereby give notice of my building democracy in the Middle East, building an ally in the Middle East, an- to attack and rape four others during intention to offer a motion to instruct that same time. conferees on H.R. 6, the Energy Policy other ally, would be very, very helpful to United States interests and to the The Miami police indicate that they Act of 2003. have Mr. Rapalo’s fingerprints, his The form of the motion is as follows: big picture of world peace. I hear from a lot of my Democrat DNA that links him to these dastardly Mr. INSLEE moves that the managers on crimes, and finally his confession. the part of the House at the conference on friends that, well, I’m going to support the troops and cleverly just support Tragically, Mr. Speaker, they also had the disagreeing votes of the two Houses on Mr. Rapalo himself back in October of the Senate amendment to the bill H.R. 6 be that portion of the budget which goes instructed to confine themselves to the mat- directly to the troops, which would be last year, before six of the rapes had ters committed to conference in accordance about two-thirds of it, some 60-plus bil- been allowed to occur. He was arrested with clause 9 of rule XXII of the Rules of lion dollars. How can you support the on molestation charges, and at the House of Representatives with regard to troops and then not let them complete time Mr. Rapalo’s C–1 visa had expired. ‘‘high-level radioactive waste’’ as defined in their task by trying to rebuild the He was living here then illegally. the Nuclear Waste Policy Act of 1982 and Mr. Speaker, had the CLEAR Act other provisions of Federal law. country and the infrastructure? It does not make sense. If you are going to been on the books last October, f support the troops, you have to support Reynaldo Rapalo would have been de- IRAQ SUPPLEMENTAL their mission. tained and deportation proceedings would have begun and, more impor- (Ms. JACKSON-LEE of Texas asked I would love any of my colleagues tantly, the women who were subse- and was given permission to address who have such doubts about the impor- quently brutally attacked would have the House for 1 minute and to revise tance of what we are doing to come never fallen victim. and extend her remarks.) down to the Third Infantry Division in Ms. JACKSON-LEE of Texas. Mr. Hinesville-Fort Stewart, Georgia, and b 1930 Speaker, I rise today to draw my col- talk to some of the troops who have The sad fact is cases like this one are leagues to a singular uniting factor, been there, who have spent 6 to 8 far too common, and our government and that is that we all support United months of their lives there in the last has turned a blind eye to the criminal States troops that now are facing dan- year and look them in the eye and say, alien crisis in America for far too long. ger in Operation Iraqi Freedom. With you know what, I do not like what you Today within our borders, there are that in mind, I am quite willing to sup- are doing. And you know what, I am 400,000 illegal aliens with standing de- port the expenditures requested by the going to support your expense, your portation orders that we cannot find. administration solely to support our room and board, but I am not going to Among these are 80,000 criminal aliens troops and the necessities that they re- help you rebuild this nation that you like Mr. Rapalo, murderers, rapists, quire in order to protect their lives. lost your friends over. pedophiles and the like. These individ- But the American people deserve an I just want to say, that is an open in- uals were in the hands of law enforce- answer, Mr. Speaker, and we should vitation to any Democrat or Repub- ment at one time but turned loose be- not vote in totality for the $87 billion. lican if you want to come down and cause of an immigration system that is It is a sham if we do so without ex- talk to people who have been on the unresponsive, unaccountable, and just plaining to the American people, one, ground. plain broken. an exit strategy, two, what is the f Mr. Speaker, while our men and United Nations resolution that will re- women wearing the badge continue to quire us to coalesce around the concept SPECIAL ORDERS arrest and rearrest the same criminal of allies helping us in the democratiza- The SPEAKER pro tempore. Under aliens that our failed immigration sys- tion and reconstruction of Iraq? How the Speaker’s announced policy of Jan- tem continues to put back on the many troops will we get from our al- uary 7, 2003, and under a previous order streets, our Federal Government sends lies? How much money will they ex- of the House, the following Members just 2,000 Bureau of Immigration and pend? will be recognized for 5 minutes each. Customs Enforcement agents, BICE, in

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.045 H30PT1 H8998 CONGRESSIONAL RECORD — HOUSE September 30, 2003 the field to enforce these immigration the Congress. They have also done spending the checks of our taxpayers’ laws, telling those officers, the victims other things which are huge in their money. of crimes like those witnessed in south consequences. They have given us the Accounting schemes that send people Florida over the last year, and the largest budget deficit in history, and to jail in the private sector do not even 80,000 criminal aliens this government they have also provided the Nation impact a normal promotion schedule cannot find, one simple thing: we are with a record national debt. for the bureaucracy in the Federal simply not serious about this crisis. Just recently we learned from the Government. It is not an issue here. This Congress is not serious about this Census Bureau that America is now See, it is time to hold those people re- crisis. poorer than it was last year, just as it sponsible for wasting taxpayers’ Earlier this summer, along with the was poorer last year than it was the money; but we have got to be com- gentleman from Florida (Mr. BOYD) and year before. Median income of the av- mitted to fixing the broken systems, the gentlewoman from Pennsylvania erage American family has dropped by not just pouring more and more tax (Ms. HART) and the gentleman from more than $1,000 within the last year. money from the hard-working people Georgia (Mr. DEAL), I introduced a bi- America and its families are poorer to keep the same programs going ex- partisan bill that would get serious today than they were this time last actly the same and wasting the same about our Nation’s growing criminal year. Poverty is up. amount of money as the Democrats alien crisis. The bill, entitled the These are the statistics, bare statis- would suggest. CLEAR Act, is a measure that would tics. They only begin to tell the dif- The American taxpayers are not make clear that our Nation’s 600,000 ficult story that has fallen on Amer- fooled, Madam Speaker. They know local and State law enforcement offi- ican families all across this country. that their hard-earned tax dollars have cers have the authority to enforce our We need a reversal in these policies, paid for $106 billion in Medicare im- Nation’s immigration laws, and we and we need it quickly. proper payments since 1996. Their dol- lars have paid for $233 million in im- would give them the training, access to f data, and the resources that they need proper payments within the Veterans WASHINGTON WASTE WATCHERS to get the job done. Finally, it would Compensation and Benefit program. give some much-needed help to the The SPEAKER pro tempore. Under a Their tax dollars have even bought a 2,000 out-manned Federal agents we previous order of the House, the gen- pet dog for a member of the bureauc- have enforcing immigration law today. tleman from Florida (Mr. MARIO DIAZ- racy with a government charge card. Mr. Speaker, today’s broken and BALART) is recognized for 5 minutes. Billions of dollars are lost every single failed immigration system is simply Mr. MARIO DIAZ-BALART of Flor- year to waste, fraud, and abuse. Tax- unworkable and for this government ida. Madam Speaker, the Washington payers are sending their money here to and this Congress to stay on the side- Waste Watchers have been hard at Washington only to find that it is lines and let 80,000 criminal aliens cre- work locating a vast range of govern- being wasted; and the Democrats again ate more horror stories like those per- ment waste, fraud, and abuse. Unfortu- still want to raise their taxes, saying petuated by Mr. Rapalo is simply unac- nately, these examples have not been there is not enough money up here. There is a clear path, Madam Speak- ceptable behavior. I urge my colleague hard to find, Madam Speaker. For er, to eliminate waste, fraud, and abuse to get off the sidelines and support the some, however, examples of wasted tax- throughout this Federal Government. CLEAR Act, get involved in this game, payers’ money does not slow down We must find savings and not tolerate, and let us get serious about America’s their efforts to raise taxes. We have got I repeat, not tolerate, any level of criminal alien crisis. a spending problem here in Wash- wasted taxpayer dollars. Democrats f ington; and waste, fraud, and abuse is a huge part of why we have that prob- have chosen to oppose those efforts THE BUSH ADMINISTRATION’S lem. For example, $366 million, $366 time and time again and fight to raise ECONOMIC POLICIES million in Pell grant awards was im- taxes in order to pay for more of this The SPEAKER pro tempore (Mrs. properly disbursed because applicants business as usual. Every week, Madam Speaker, the MILLER of Michigan). Under a previous understated their income on their ap- Washington Waste Watchers will keep order of the House, the gentleman from plications last year. That resulted in reminding every person, every person New York (Mr. HINCHEY) is recognized over 84,000 Pell grants lost to waste, in this Chamber of the impact of gov- for 5 minutes. fraud, and abuse. And the Democrats ernment waste, fraud, and abuse, not Mr. HINCHEY. Madam Speaker, last want to raise taxes to pay for more of only to the taxpayers, Madam Speaker, February the President’s Council of this? but also to the beneficiaries who do not Economic Advisors forecast that, as a The Veterans Affairs Inspector Gen- receive the benefits that they do de- result of the economic policies of the eral, Madam Speaker, estimates that serve. Again, we will also remind our Bush Administration, there would be roughly 14,000 incarcerated veterans friends on the other side of the aisle 510,000 new jobs generated this year. have been paid about $100 million na- that their constant attempts to raise Here we are on the advent of October; tionwide because the Department has taxes will only result in billions of ad- and in order for that prediction of last no method of identifying prisoners, ditional dollars being lost to waste, February to succeed, 947,000 jobs would never has, $100 million in wasted bene- fraud, and abuse at the expense of the have to be created between now and fits that missed going to the needy, hard-working American taxpayer. December 31, in other words, within truly needy veterans in order to line the next 14 weeks. I wish the Presi- the pockets of Washington’s bureauc- f dent’s Council of Economic Advisors racy. And the Democrats, Madam ORDER OF BUSINESS luck because this administration, aided Speaker, want to raise taxes to pay for Ms. EDDIE BERNICE JOHNSON of and abetted by this Congress, has lost more of this? Texas. Madam Speaker, I ask unani- 437,000 jobs so far this year. We have Over the last 4 years, the Department mous consent to take my Special Order had record job losses under this admin- of Agriculture spent a total of $5.13 bil- at this time. istration and that includes the 93,000 lion in food stamp overpayments. That The SPEAKER pro tempore. Is there jobs that were lost in August alone. We is $5.13 billion wasted instead of help- objection to the request of the gentle- do not yet have the figures of course ing low-income families who are unable woman from Texas? for September, but it is likely that we to put food on their table. And again There was no objection. will be seeing some similar amount of Democrats insist on wanting to raise f job loss. the taxes of the hard-working Amer- This administration and this Con- ican people to do more of this? LACK OF A GOOD HEALTH CARE gress have given us the worst economic We do not need to raise taxes to im- SYSTEM performance in more than 70 years; 2.7 prove government benefit programs; The SPEAKER pro tempore. Under a seven million jobs have been lost since but Madam Speaker, we have to be previous order of the House, the gentle- the neoconservative Republicans have willing to reach into the pockets of the woman from Texas (Ms. EDDIE BERNICE controlled both the White House and bureaucracy and stop that system from JOHNSON) is recognized for 5 minutes.

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.071 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H8999 Ms. EDDIE BERNICE JOHNSON of health care and meaningful patient cans, many of whom stated it was Texas. Madam Speaker, as a nurse by protection. Our citizens deserve and ex- wrong. Bush has accumulated an un- basic profession, I have spent much of pect nothing less. precedented amount of campaign fi- my public career working to ensure f nancing from these wealthy friends.’’ that the Nation’s health care system is What these letters all home in on, REBUILDING IRAQ affordable and provides the best serv- Madam Speaker, is that we are today ices possible to all Americans. While The SPEAKER pro tempore. Under a spending $1 billion a week in Iraq. $300 America still has a world-class health previous order of the House, the gen- million of that $1 billion is going to system, there are those whose lives tleman from Ohio (Mr. BROWN) is rec- private contractors, many of them have been threatened by a focus on ognized for 5 minutes. going to Halliburton, one of the largest profits over healing. I believe that a Mr. BROWN of Ohio. Madam Speak- companies in the United States, a com- doctor and patient, not an HMO ac- er, in 1838, John Quincy Adams, as a pany which still pays Vice President countant, should make sensitive med- former President, came to this floor as CHENEY who used to work there, still ical decisions. I also support a plan a Member of the House of Representa- pays him $13,000 a month, and people that would expand Medicare coverage tives. In those days the conservatives want these hundreds of millions of dol- for prescription medication. However, in this Congress passed a rule banning lars of tax dollars going to these pri- there must be some cost containment the discussion of slavery on the House vate contractors, people want them ac- agreement with the manufacturers and floor. Congressman John Quincy counted for, as we can see in these let- a streamlining of the Federal adminis- Adams, former President Adams, was ters. trative structure to reduce costs to outraged by that rule; but what he did Joseph writes, ‘‘We are between a beneficiaries. was come to the House floor and a cou- rock and a hard place. We are over The Current Population Survey, the ple of times every week read letters there because of lies and it looks as if CPS, is the primary source for data on from his constituents opposing slavery, we will be stuck there for many years Texas’s uninsured population. It paints demanding that slavery be abolished in to come. First, this administration a picture for the state of health care in the United States. should roll back the tax cuts for the Texas. My home State currently has Today, 160-some years later, many of wealthy.’’ the second highest rate of uninsured in us in this Chamber feel an outrage to- If my colleagues recall, Congress the United States behind New Mexico. wards what is happening with Iraq and passed, at the President’s urging, tax CPS data shows that there were 4.5 especially that the leaders in this cuts, literally hundreds of billions of million people without health insur- Chamber are unwilling to debate many dollars of tax cuts where 43 percent of ance in Texas, which is about 21.4 per- of the issues around Iraq, how they pro- those tax cuts went to the richest 1 cent of the total population. pose to spend $87 billion, asking the percent of people in this country. That The rates for the uninsured minority President for his plans, wanting the is what Joe is writing about. are also quite frightening. Blacks and President’s contributors and contrac- ‘‘In order to increase their now ques- Latinos are far more likely to be unin- tors in Iraq who are literally receiving tionable integrity, this administration sured when compared to their Anglo, or hundreds of millions of dollars a week should agree to turn over total control white, counterparts. Nationally, 11.6 to account for those dollars. of Iraq and its oil supplies to the U.N. and cooperate with the U.N. and our percent of the Anglo population, 20.1 of b 1945 the African American population, and other allies 100 percent.’’ 34.8 percent of the Hispanic population I thought tonight, in the tradition of Again, Joe who writes in is troubled are without health insurance; but in John Quincy Adams, I would read let- by the fact that we are giving hundreds Texas, while 12 percent of whites are ters from constituents of mine around of millions of dollars a week to private uninsured, 21.2 percent of the African the State who are expressing their contractors who are not accountable, Americans and 36.7 percent of His- views about Iraq. many of them the President’s contribu- panics do not have medical coverage. Kim writes, ‘‘Why should we spend tors, most of them the President’s Finally, one of my most passionate $87 billion when our own servicemen friends, and one of those companies a fights has been an effort to expand and women who were in Iraq only got company that is still paying Vice health care for children. I am a prin- one meal MRE, meal ready to eat, per President CHENEY $13,000 a month. cipal supporter of the State Children’s day, went 30 days without showers, not The last letter I would like to read is Health Insurance Program, CHIP, the enough heavy artillery or ammunition. from Joseph. ‘‘It appears we have no program that represents the largest ex- They fought hard in Iraq and then choice but to spend the $87 billion, but pansion in health care in over 30 years. come back and don’t even get the GI Congress should make sure that the CHIP covers children not eligible for Bill to pay for their educations and money comes from a rollback of Mr. Medicaid insurance. Unfortunately, the medical. Use the $87 billion to com- Bush’s excessive tax cuts for the rates for children without health cov- pensate our military personnel first.’’ wealthy, which primarily benefits the erage are also reaching alarming num- That is Kim. rich in this country. I sincerely hope bers. In the United States today, one in A veteran, Jack, writes, ‘‘Just a very the Congress does not give the money five children is without health insur- short few months ago, we were asked, to Mr. Bush without stipulations. ance. In fact, in my home State of no told, that we had to turn over $70 Three million Americans have lost Texas 1.6 million children depend sole- billion,’’ that was the first $70 billion, their jobs,’’ actually about 3.5 million ly on health insurance provided by ‘‘for the war in Iraq. That money was now. ‘‘Three million Americans have Medicaid. Limited access to health dispensed,’’ Jack, a Vietnam vet lost their jobs in the country since Mr. care contributes to growing rates of writes, ‘‘on the backs of veterans in de- Bush moved into the White House. disease among children. creased benefits; schools, health care, More Americans are suffering and Studies have shown that good health Social Security, Medicare, redistribu- dying because they are unable to pay is a prerequisite for optimal learning, tion of wealth through the Bush tax for proper health care and health care and schools can help children achieve cuts, even the active duty military was insurance. Exactly how we can afford academic success by participating in not excluded from cuts. Now the ad- to spend $87 billion is something that I efforts that promote good health, in- ministration is asking for another $87 don’t even understand.’’ That is a let- cluding access to regular medical and billion. Who’s going to get thrown out ter from Joe. mental health care. in the cold when the next round of cuts Madam Speaker, I think it is clear Protecting the health care of chil- come if Bush is given his $87 billion,’’ what people in this country think. We dren should be the number one priority Jack, a Vietnam vet, writes. need answers, we need accountability, of any great nation. An investment in Michele writes, ‘‘The way this grand- and we really need to know the truth. the health care of our youth is one of mother sees it: for whatever the rea- f the wisest investments we can make sons, Bush wanted the war and misled The SPEAKER pro tempore (Mrs. for this country. Now is the time for the public to start it. Bush gave a tax MILLER of Michigan). Under a previous all Americans to have access to quality cut to many of the wealthiest Ameri- order of the House, the gentlewoman

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.073 H30PT1 H9000 CONGRESSIONAL RECORD — HOUSE September 30, 2003 from Florida (Ms. BROWN-WAITE) is rec- There are more than 90 programs us believe that patriotism is asking no ognized for 5 minutes. across 11 different agencies to support questions and voicing no concerns. Ac- (Ms. GINNY BROWN-WAITE of Flor- the early development of children. For cording to them, patriotism is simply ida addressed the House. Her remarks example, there are 9 Federal agencies handing over $87 billion tied with a will appear hereafter in the Extensions and 69 different programs to educate bright red bow and a card attached to of Remarks.) and care for children under the age of it that says, here is the money you f 5. There are 29 different programs offer- asked for. Go ahead and spend it how ing early education for children within you want. WASHINGTON WASTE WATCHERS the Department of HHS, itself having 4 Madam Speaker, this is not patriotic. The SPEAKER pro tempore. Under a separate programs to educate those This would be neglecting our constitu- previous order of the House, the gen- from low-income families. And Demo- tional duty to oversee how taxpayers’ tleman from Texas (Mr. HENSARLING) is crats want to raise our taxes to pay for dollars are spent, and it is an obliga- recognized for 5 minutes. more of this? tion that I think we need to take very Mr. HENSARLING. Madam Speaker, The Federal Government operates 342 seriously when considering this supple- I rise tonight, along with my colleague, different economic development pro- mental bill. We need to take it seri- the gentleman from Florida (Mr. MARIO grams; 342. And, by the way, what does ously not only for the taxpayers but DIAZ-BALART), as cofounder of a new the Federal Government know about also, more importantly, for our sol- Republican effort dedicated to bringing economic development anyway? diers. the disinfectant of sunshine into the There are 86 different programs in 9 There is not a person in this chamber shadowy corners of the wasteful Wash- Federal agencies to assist teachers in who would vote against supporting our ington bureaucracy. We call ourselves improving their teaching skills. This is troops. They are serving bravely and the ‘‘Washington Waste Watchers.’’ on top of the thousands that already honorably in a faraway land for far Do not be confused, the Washington exist at the State level. Also, if we al- longer than anyone expected, and our Waste Watchers are not about counting ready have a Department of Education, prayers are with them and their fami- calories. It is about counting the myr- why do we need teaching programs lies. Our troops are the true patriots, iad of ways that the Federal bureauc- spread over 9 different agencies? Yet and the patriotism I see in this debate racy routinely wastes the hard-earned Democrats want to raise our taxes to is demonstrated by those demanding money of the American family. We are pay for more of this. the best for those troops. Unfortunately, the war plan may here to look after the family budget by Madam Speaker, 12 different Federal have failed to adequately protect our checking the growth of the Federal agencies are responsible for food safe- troops. Details may have been over- budget. ty. For example, the Department of Madam Speaker, I am sure all of my looked. Agriculture inspects meat pizzas, while Members of Congress returning from colleagues are well aware of the size of vegetarian pizzas are under the pur- our Federal deficit. It is large and get- Iraq talk about the lack of Kevlar in- view of the Department of Health and serts and the need for heavier armor ting larger every day; and, to com- Human Services. Only in Washington, pound the challenge, we are presently for Humvees. The $87 billion supple- D.C., could this absurd result happen. mental includes these items. But why faced with a supplemental appropria- The Federal Government operates at were these items not in the $79 billion tion request of $87 billion to help fight least 70 programs dedicated to helping Congress provided the administration the war on terror. I believe, after much the disabled. About half of these dupli- last spring? Kevlar inserts cost $517, debate and due diligence, that this cate programs cost taxpayers close to $517 for a life-saving device. I ask my body will pass most, if not all, of that $110 billion annually. That is a quarter colleagues, why was there not enough request. I, for one, agree that it is far of the cost of the 10-year prescription money for each soldier to have a better to fight this war over there, as drug bill for our seniors. And Demo- Kevlar insert? Did we not foresee our opposed to over here. And although I crats want to raise our taxes to pay for soldiers being shot at? Unfortunately, have concerns about portions of the re- more of this? my question is not one that will be an- quest, I fundamentally believe that Madam Speaker, these are just a few swered, or as the chief of the U.S. Cen- helping rebuild the infrastructure and of the examples of rampant duplication tral Command said last week, ‘‘I can’t the civil society of Iraq is just as im- and waste throughout our Federal Gov- answer for the record why we started portant in winning this war as are ad- ernment. After we begin to look close- this war with protective vests that ditional combat troops and munitions. ly, it is easy to see that many Federal were in short supply.’’ So, faced with unparalleled homeland programs routinely lose 10, 20, 30 per- Madam Speaker, there is no answer, security needs and a growing budget cent of their taxpayer-funded budgets or at least no answer that could satisfy deficit, what are we to do? to waste, fraud, and abuse, and they this Member of Congress. Where was Democrats say the only way to cut have for years. the money to armor up our military the deficit is to yet again raise the In the real world, when people lose vehicles? The Department of Defense taxes on the American family. Sound that much money, they are either fired thinks we only need $177 million to do familiar? It is the same refrain we have or they go to jail. But in Washington, it now. Again, why was this not done heard from them for years. it is only an excuse to ask for even with the $79 billion appropriated last We do have a large budget deficit, but more money from the American family April? Why was the money not pro- it is not because the American people next year. vided to protect our soldiers in these are undertaxed. It is because Wash- There are many ways we can cut the vehicles from gunshots and shrapnel ington spends too much. deficit without cutting any needed from these roadside bombs? Since I was born, the Federal budget services, because when it comes to Fed- So, I say to my Republican friends, has grown seven times faster than the eral programs, it is not how much you will have to excuse us if we insist family budget; seven times. This is un- money Washington spends, it is how on exercising our constitutional duty, conscionable. And putting aside the Washington spends the money. one that I happen to believe is our pa- war on terror, the Democrats, who f triotic duty, to ensure that we get our claim to be concerned about budget priorities straight and protect our deficits, have voted to spend almost $1 QUESTIONING OUR PATRIOTISM young men and women in Iraq and in trillion more than our budget allows; The SPEAKER pro tempore. Under a Afghanistan. $1 trillion more. There is a spending previous order of the House, the gen- In examining patriotism and prior- problem in Washington, not a taxing tleman from Texas (Mr. GREEN) is rec- ities, I cannot help but wonder if sin- problem. Much of the spending in ognized for 5 minutes. glehandedly rebuilding Iraq while our Washington is pure waste, fraud, and Mr. GREEN of Texas. Madam Speak- country remains in economic downturn abuse; and by attacking it every day, er, over the past week there has been a is the most patriotic use of this $20 bil- we can begin to close this deficit. lot of talk in the chambers of Congress lion in proposed reconstruction fund- For a moment, let us talk about the about what it means to be patriotic. ing. I see part of this funding going to- waste of duplication. The Republican leadership would have wards a children’s hospital in Iraq

VerDate jul 14 2003 03:50 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.075 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9001 when right now I have 177,000 Texas b 2000 acres. This allows troops to train in children who have been dropped from CELEBRATING FT. RILEY’S 150TH war-like conditions using live ammuni- the CHIPS program and they are ANNIVERSARY tion to prepare for situations such as crowding our emergency rooms because those in Iraq, Afghanistan, and Bosnia. they have no health insurance. I want The SPEAKER pro tempore (Mrs. The resilient prairie grasses are a to help children in Iraq, but should we MILLER of Michigan). Under a previous perfect terrain for military maneuvers. not be also addressing the problems order of the House, the gentleman from In addition, the construction of a simu- here at home? Kansas (Mr. MORAN) is recognized for 5 lated combat center at the post brings I see this funding going toward build- minutes. the art of war from Kansas’ prairie into ing roads and bridges in Iraq when this Mr. MORAN of Kansas. Madam the classroom. Soldiers are able to Congress cannot pass a highway spend- Speaker, I rise today in celebration of train in simulated Bradley fighting ve- ing bill because we simply do not have the 150th anniversary of Ft. Riley. For hicles and Abrahms tanks to hone their enough money to fix our own roads and decades this military installation has combat skills. bridges here at home. This administra- played an important role in protecting Today Ft. Riley continues to play an tion has misplaced priorities that come our Nation and is now an essential important role in the war on terror. In at the expense of the American people. component in the war on terror. the past 6 months more than 14,000 sol- In the name of free trade, we pushed Founded in 1853, Ft. Riley was estab- diers and 1,750 rail cars, containing our manufacturing companies and lished as a strategic post for settlers over 5,500 pieces of equipment, have workers offshore. Our manufacturing heading west. It was located between been deployed from Ft. Riley, rep- sector is struggling to survive, and our the Oregon and Santa Fe trails to pro- resenting 35 trains that have shipped economy has lost 3.2 million jobs over vide protection for traveler. Ft. Riley equipment to ports in Charleston, the last 3 years. For the second was responsible for protecting the con- South Carolina, Jacksonville, Florida, straight year now, more Americans are struction of the Union Pacific Railroad Beaumont and Corpus Christi, Texas, finding themselves in poverty. Our through that area, and the post used and Savannah Georgia. country has turned into a land of ex- troops to police the new territory be- Strategically located in the center of ecutives and service sector employees, cause of fighting between pro- and the country, Ft. Riley’s soldiers can creating an ever-widening gulf between anti-slavery settlers. During the Civil load 200 railcars in a 9-hour period, the rich and poor that is extinguishing War, confederate prisoners were housed with the equipment arriving at the what is left of our middle class in at Ft. Riley. ports ahead of schedule. Ft. Riley has America. From the post’s inception until the been able to transport equipment from This administration’s fiscal policies end of World War II, Ft. Riley was Kansas to the coast faster than the have come at the expense of the Amer- known for its cavalry units and was Navy could get ships to those ports. ican people. designated as the ‘‘Cavalry Head- Not once has Ft. Riley missed a port Oh, we will hear that we can have it quarters of the Army.’’ It was also dur- call. During Operation Desert Storm, it all. They will tell us we can fight a ing that time that the famed ‘‘Buffalo took 28 days to get equipment to the war, rebuild a country, cut taxes, save Soldiers,’’ the all-African-American ports in the Gulf of Mexico. Now during Social Security, and provide our sen- Cavalry units were stationed at Ft. the War on Terrorism, equipment was iors with a prescription drug benefit Riley. The Cavalry School produced moved to the Gulf from Ft. Riley in 48 which is less than half of what they some of the finest mounted horsemen hours. really need. But what they do not tell in the world. Madam Speaker, this Saturday the us is that we cannot pay for it. We are However, it was also during World community of Junction City and Ft. going to incur the largest deficit in War I and II that the Nation began to Riley will celebrate the post’s 150th an- this Nation’s history, and our children see military warfare transition from niversary. As the United States con- and grandchildren will be paying off cavalry to mechanized machinery. The tinues to fight the War on Terror, I ask the national debt for generations to invention of the tank, the machine my colleagues and my fellow Ameri- come. gun, and the use of aviation shifted the cans to join me in recognizing the con- Tough decisions must be made to get focus of the military away from the tributions and sacrifices soldiers from this country back on track, and it horse and rider, towards mechanized Ft. Riley have made to protect this Na- takes courage and leadership to make warfare. tion and defend our way of life. Ft. the right decisions for our soldiers, for At the end of World War II the Army Riley has evolved during the past 150 the American people, and for this coun- closed the Cavalry School, replacing it years from a post to assist westward try. with the Ground General School. This expansion to become ‘‘America’s Putting the American people first. school trained enlisted men in intel- Warfighting Center.’’ Now, that is what patriotism is. ligence gathering techniques and newly Ft. Riley is essential to Kansas, it is commissioned officers in basic military essential to the Army, and, most im- f subjects. portantly, Madam Speaker, Ft. Riley is The SPEAKER pro tempore. Under a During the Cold War, the Army rec- essential to the safety and security of previous order of the House, the gen- ognized Ft. Riley’s strategic resources the United States of America. tleman from Florida (Mr. FEENEY) is and designated it as the home base for Happy 150th anniversary, Ft. Riley, recognized for 5 minutes. the First Infantry Division, the ‘‘Big Kansas. Thank you for your service to (Mr. FEENEY addressed the House. Red One.’’ The security threat from the our Nation. Soviet Union, the expansion of com- His remarks will appear hereafter in f the Extensions of Remarks.) munism transformed the mission of Ft. Riley. No longer would Ft. Riley be THE UNINSURED f only a training and education center, The SPEAKER pro tempore. Under a but became the home base for a major previous order of the House, the gen- FURTHER MESSAGE FROM THE infantry division. In 1955, the Big Red tleman from New Jersey (Mr. PALLONE) SENATE One began arriving at Ft. Riley. The is recognized for 5 minutes. A further message from the Senate addition of the Big Red One caused an Mr. PALLONE. Madam Speaker, ac- by Mr. Monahan, one of its clerks, an- influx of troops and families to the cording to new numbers released by the nounced that the Senate has passed area, especially in the neighboring Census Bureau today, the number of with an amendment in which the con- community of Junction City, Kansas. uninsured Americans in 2002 rose to currence of the House is requested, a Through the Vietnam and Gulf War, 43.6 million. This is a 5.7 percent in- bill of the House of the following title: Ft. Riley continued to actively support crease in the number of Americans H.R. 3146. An act to extend the Temporary U.S. military missions abroad and con- without health insurance, the single Assistance for Needy Families block grant tinued to acquire land to train troops largest increase in a decade. program, and certain tax and trade pro- stationed at the installation. Today Ft. Moreover, these numbers exemplify grams, and for other purposes. Riley consists of more than 100,000 President Bush and the Republican

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.077 H30PT1 H9002 CONGRESSIONAL RECORD — HOUSE September 30, 2003 party’s hard record on health care. The with the weak economy and States cut- dollars will not only help boost morale, total number of uninsured Americans ting back their Medicaid programs, the but will send a strong bipartisan mes- has increased by 3.8 million since number of uninsured is going to con- sage to our troops that Congress is uni- President Bush took office and now to- tinue to rise. fied behind them. tals 15.2 percent of our population. In Now, I think it is time for Congress The Bush administration is actively other words, 15 out of every 100 Ameri- to take responsibility and provide lobbying Members of Congress to ap- cans lack health insurance. meaningful expansion of programs to prove the $21 billion in direct grants to Madam Speaker, there is no doubt once and for all reduce the number of support the infrastructure development that the increase in the number of un- uninsured Americans. And I know the in Iraq in this $87 billion supplemental insured is a direct result of our weak Republicans have not bothered to deal appropriations. economy, but there are other contrib- with this effectively. The Democrats First of all, I see no reason why we uting factors such as the rise in health have had a number of proposals. We cannot separate out these two items. care costs by double-digit percentage have rolled them out, but, of course, we The $66 billion for defense, which we all points, States dropping Medicaid bene- have not been able to get support with support, should be made a separate bill. ficiaries due to financial constraints, the Republicans in the majority. But I And the $21 billion they want for recon- and, most importantly, employers think this information that came out struction in Iraq should be placed in a eliminating employer-sponsored health today from the census, showing that separate bill, so we can have a debate coverage due to ever-rising costs. the number of uninsured continues to on it. And then we should require Iraqi Employer-based coverage, which is, rise so dramatically under President oil to be used as collateral for inter- in fact, the largest source of coverage Bush’s watch, is an indication that the national loans to finance Iraqi infra- in the United States, has declined dra- Republican leadership here has to do structure projects. And we should also matically in the past few years. The something about it. We, as Democrats, ensure Iraq reconstruction contracts census figures show that last year are more than willing to join; but we are competitively bid. alone, loss of employer-sponsored cov- cannot continue to have this situation Either way, U.S. citizens should not erage led to 1.3 million Americans join- where the number of uninsured con- be expected to support Iraqi develop- ing the ranks of the uninsured. tinues to rise under President Bush and ment while many Americans face Madam Speaker, this is particularly the Republican party’s watch. shortfalls in funding for health care, significant in the context of the Medi- f prescription drug coverage, school and care bill that is currently being worked road construction, and other critical out in conference. As it currently SUPPORT OUR TROOPS: $1,500 infrastructure improvements. stands, the Republican Medicare bill, BONUS BILL Even to come up with this $87 billion which passed the House, encourages The SPEAKER pro tempore (Mrs. for the supplemental appropriations for employers who are currently providing MILLER of Michigan). Under a previous Iraq, the U.S. must borrow the money retiree health benefits to drop cov- order of the House, the gentleman from base we are so far in debt thanks to the erage. Unfortunately, the Republican Michigan (Mr. STUPAK) is recognized policies of this administration. We do bill states that any dollar an employer for 5 minutes. not have the money. We have to borrow pays for an employee’s prescription Mr. STUPAK. Madam Speaker, this it. Yes, Congress must continue to drug costs would not count towards the week as the other body takes up the work to help, but not at the expense of employee’s out-of-pocket catastrophic President’s request for the $87 billion the Americans here at home and our cap. And this disadvantages 12 million in supplemental appropriations for troops abroad. out of 40 million seniors with em- Iraq, we must do more for our troops Some of my colleagues tonight have ployer-sponsored coverage because it and their families who are under in- talked about waste, fraud and abuse; would be almost impossible for them to creasing duress. and I think it is shameful when we reach the bill’s catastrophic cap over Specifically, Congress should grant a look at the waste, fraud and abuse which Medicaid would pay 100 percent $1,500 bonus to all who served in Iraq being put forth by this administration of their drug costs. Without a doubt, and Afghanistan. when we look at reconstruction for many employers will stop offering re- Not since Vietnam have such a large Iraq. tiree coverage if this Republican bill number of troops had such long deploy- Just take a look at some of these were to become law. ments. The pressure this puts on our numbers they have provided us: Now, the Republicans are also sug- troops and their families is tremen- There is $4 million to develop a set of gesting tax credits to the uninsured to dous. telephone numbers and $150 million for purchase health insurance in the pri- This summer, the Department of De- a national 911. In my district if you vate market, but such offers simply do fense increased deployments for troops want 911, the local taxpayers have to not work. And we need to immediately serving in Iraq and Afghanistan to 1 do it. evaluate a number of proposals to al- year, and not until last week, did the How about $100 million to build seven leviate the situation. For example, if Department of Defense offer these planned communities? Each commu- everyone likes tax credits so much, troops who are living under highly nity to have 3,258 houses. then we should consider tax credits primitive and stressful conditions a 2- Ten million dollars to finance 100 that can be credited by the individual week leave for rest and recuperation. prison-building experts. We have to pay towards employer-based health insur- Tragically, this month our U.S. cau- prison-building experts $10 million to ance that guarantees a basic package salities in Iraq surpassed the number of tell them how to do it in Iraq? of benefits, or tax credits for hard- those killed in the first Gulf War. We How about $100 million for 2,000 gar- pressed small businesses to offer health have now lost more than 308 service- bage trucks? insurance to its employees. Any of men and women. And then they want $20 million for these type of initiatives that ensure a Recognizing the increasing gravity of Afghan consultants, whatever those strong and stable system of employer- U.S. military involvement abroad, I are. based health coverage really should be have introduced H.R. 3051, to qualify And we have $850 million for health encouraged. all active-duty military personnel de- facility construction and medical Madam Speaker, as Americans in pri- ployed for any length of time in Iraq equipment replacement. What about vate health insurance plans lost cov- and Afghanistan for a $1,500 bonus. health care in this country? erage, 3.2 million more Americans This $1,500 bonus proposal should be How about $900 million to import pe- joined the Medicaid rolls. This is very part of the supplemental appropria- troleum products such as kerosene and problematic because, as we know, tions bill. Although, as Members of diesel? Remember, Iraq has the world’s States continue to experience severe fi- Congress, we may have different ideas second largest oil reserves, and we have nancial restraints and are not capable about U.S. policy in Iraq, we can all to import oil products to them? of maintaining their Medicaid or agree our servicemen and women de- The health care provisions alone pro- SCHIP programs for kids without a serve our sincere recognition for their vide a striking comparison between new infusion of Federal dollars. In fact, courageous efforts. Fifteen hundred taxpayers’ support of Iraqis health care

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.080 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9003 and Americans’ support for health NATIONAL SICKLE CELL making it easier for doctors to treat care. AWARENESS MONTH SCD patients by increasing the avail- You only need to look at the num- The SPEAKER pro tempore. Under a ability of physician and laboratory bers. In Iraq, currently 13 million peo- previous order of the House, the gen- services that are not currently reim- ple receive basic access to health care, tleman from Illinois (Mr. DAVIS) is rec- bursed or under-reimbursed by Med- half the country. One hundred percent ognized for 5 minutes. icaid. of the population has maternity care. Mr. DAVIS of Illinois. Madam Speak- In addition, the bill creates 40 sickle Every Baghdad hospital and clinic is er, I rise in recognition of National cell disease treatment centers through operating. In Detroit, we just had to Sickle Cell Awareness Month. This in- a $10 million grant program for 5 years. close down two hospitals because we herited, debilitating blood disorder af- Another key component of the bill is did not have any money. fects more than 2.5 million Americans, that it allows States to receive a fifty- There are 7,500 tons of medicine dis- most of them of African heritage. In fifty funding match for nonmedical ex- tributed to hospitals and clinics, and fact, it is the most common genetic penses related to sickle cell disease there are 128 generators and power sup- disease in the United States. In my treatment, such as genetic counseling, plies being installed in Iraq. home State of Illinois, there are more community outreach, education and Let us go to the United States. Not than 3,000 African Americans who live other services. In addition, H.R. 1736 one new dollar has been spent on 42 with sickle cell disease every day. creates a national coordinating center, million uninsured Americans. Many adults with SCD have severe operated by the U.S. Department of There has been no increase for the Mater- physical problems, such as acute lung Health and Human Services, to oversee nal and Child Health Block Grant or the Na- complications, that may result in the SCD funding and research con- tional Health Service Corps; no increase for death. Moreover, there is an estimated ducted at hospitals, universities and the childhood immunization program; Con- 70,000 or more Americans who have community-based organizations in a gress has underfunded HIV prevention and SCD. coordinated effort to educate patients and help find a cure for the disease. care, and failed to address the Nation’s nurs- b 2015 ing shortage. This legislation is about improving The average lifespan for an adult patient care and putting patients first. We have no control over runaway with sickle cell disease is the mid-40s. I hope that as we celebrate Sickle Cell healthcare costs and can no longer afford pre- With proper treatment, many people awareness Month that we will also find scription drug coverage. with sickle cell anemia can lead pro- a cure for this terrible disease. I urge Instead of again dipping into the pockets of ductive lives and enjoy reasonably support for H.R. 1736. working Americans and risking veterans’ bene- good health into their 40s and beyond. fits for our troops when they return home, I Sickle cell anemia can lead to a host f support proposals to suspend the tax cuts for of complications, including stroke, The SPEAKER pro tempore (Mrs. the top 1 percent of income earners to pay for acute chest syndrome, organ damage, MILLER of Michigan). Under a previous the Bush administration’s $87 billion supple- blindness and ulcers appearing on the order of the House, the gentleman from mental. And I urge Congress to consider my lower legs. Sickle cells can also block California (Mr. ROHRABACHER) is recog- bill, H.R. 3051, to include support for our blood vessels, which nourish the skin, nized for 5 minutes. troops in this supplemental aid package to causing cells to die. (Mr. ROHRABACHER addressed the Iraq. There are a number of treatments House. His remarks will appear here- Again, my bill provides a $1,500 bonus to and prescriptions designed for this dis- after in the Extensions of Remarks.) military personnel who serve under the Army, order, causing a 40 percent reduction in f Navy, Air Force, Marine Corps, Coast Guard, death. While bone marrow transplan- AMERICA SHOULD RECEIVE THE National Guard, or Reserves in a combat zone tation is a curative therapy for SCD, SAME FUNDING AS IRAQ in Iraq and Afghanistan. this therapy is used in only a minority In the coming year an estimated 150,000 of patients, predominantly because of The SPEAKER pro tempore. Under a young men and women will not see their fami- the high risk of the procedure and dif- previous order of the House, the gen- lies, a record number of reservists and ficulty in finding suitable donors. This tleman from Illinois (Mr. EMANUEL) is guardsmen and women will put their private surgery is painful, yet also traumatic. recognized for 5 minutes. sector opportunities and jobs on hold, and Unfortunately, this procedure is ex- Mr. EMANUEL. Madam Speaker, we thousands of children from every part of Amer- pensive. Many insurance carriers do are on the verge of considering $87 bil- ica will pray for their parents’ safe return. not cover this expense; and sadly to lion to be spent in Iraq and Afghani- These extraordinary times, deserve an ex- say, many African Americans are less stan. This is the second payment on emplary measure. I urge you to support my likely to donate bone marrow. top of the first $70 billion that was re- bill, H.R. 3051, to provide for our troops in Iraq Sickle cell patients and their fami- quested by the administration, and and Afghanistan, and to make it a part of the lies may need help in handling the eco- Secretary Powell the other day noted supplemental appropriations bill. nomic and psychological stresses of this is a down payment for an addi- Give our troops the $1,500 bonus they de- coping with this serious chronic dis- tional request to come 6 months from serve. ease. Sickle cell centers and clinics can now. provide information and counseling on Back in April, I introduced a bill called the American Parity Act, which f how to handle these problems. People who are planning to become said whatever we invested in Iraq’s The SPEAKER pro tempore. Under a parents should know whether they are health care, their education, their in- previous order of the House, the gen- carriers of the sickle cell gene; and if frastructure, their armed forces, we tleman from Indiana (Mr. BURTON) is they are, they may want to seek ge- ought to do here at home. Today, I am recognized for 5 minutes. netic counseling. The counselor can proud to announce we have 102 spon- (Mr. BURTON of Indiana addressed tell prospective parents what the sors; but in his recent request, there is the House. His remarks will appear chances are that their child will have $6 billion for the Iraqi electric grid, and hereafter in the Extensions of Re- the sickle cell trait or sickle cell ane- what does America get? They get the marks.) mia. blackout. Not a single dollar invested There is no cure for sickle cell dis- in America’s electric grid. f ease. However, H.R. 1736, the Sickle Iraq is being pledged, and thought of, The SPEAKER pro tempore. Under a Cell Treatment Act of 2003, which I in- $4 billion for water purification, a wet- previous order of the House, the gen- troduced along with the gentleman lands restoration project for Iraq, we tleman from Michigan (Mr. CONYERS) is from North Carolina (Mr. BURR), moves finally found an environmental policy recognized for 5 minutes. us closer to a cure and improves the the administration can support, and all (Mr. CONYERS addressed the House. quality of life for those living with the types of water projects in Iraq. Yet in His remarks will appear hereafter in disease. H.R. 1736 provides funding for the Great Lakes, where 40 million the Extensions of Remarks.) sickle cell disease and related services, Americans get their daily drinking

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.081 H30PT1 H9004 CONGRESSIONAL RECORD — HOUSE September 30, 2003 water, there is not a single dollar dedi- home. Americans over the last 40 to 50 and the citizens of Iraq with $87 billion cated to deal with the drinking water years have been very generous. They is going to be. in the recent environmental degrada- have funded the Marshall Plan, I think we have to rely on facts, and tion of the Great Lakes along New brought Europe back to its feet, helped the only way that we can understand York, Pennsylvania, Michigan, Ohio, build Japan after World War II. They the facts and discover the facts is to go Wisconsin, Illinois, Minnesota, and In- have continually donated and helped seek them out for ourselves. That is diana. We have a bipartisan bill to other countries, but America will not why I went to Iraq not too long ago. I dedicate $4 billion over 5 years to re- be generous if the dream of a tomorrow returned about 3 weeks ago, and I com- store and upgrade the environmental for America is diminished compared to mend other Members of Congress that quality of the Great Lakes where the dream we hold for the Iraqi people. have taken the time and taken the ef- drinking water is provided for 40 mil- So as we are on the eve of debating fort to go find out for themselves what lion Americans, equal to the amount the $87 billion, we need to support our the real story of Iraq is. we are pledging for 1 year in Iraq. troops; but we need to support our peo- I have to admit, when I went, I went Just this week, we are talking about ple here at home for their education, with apprehension, and I did not go spending $4 billion for the Iraqi police. their jobs, their health care, their eco- with apprehension because I was con- Yet the administration’s budget cuts $1 nomic development of their commu- cerned about my personal safety. I billion for the 100,000 police program nities and the safety of their commu- went with apprehension because I was here in the United States. nities. We should treat our veterans concerned that I would find the story So what I did is produce a T-shirt. It who come home with the same respect of hopelessness, of pessimism because I envisions and puts on the front the we are treating the forces in Iraq that had read the papers and I had watched President’s reconstruction budget for we are trying to rebuild. the television, and it did not look like a pretty picture; but when I returned all of Iraq and Afghanistan, the two f home, I had great optimism and I had proposals. On the back are the cuts The SPEAKER pro tempore. Under a great hope because what we see on TV here at home in the respective areas of previous order of the House, the gentle- and what we read in the papers is not health care, education, veterans health woman from the District of Columbia care and veterans hospital, veterans the real story of Iraq and is not rep- (Ms. NORTON) is recognized for 5 min- resentative of what is actually hap- benefits, but also the cuts in job train- utes. pening on a day-to-day basis in that ing and job growth. (Ms. NORTON addressed the House. In the last 2 years, Americans have country. Her remarks will appear hereafter in lost 3 million jobs, 45 million Ameri- When we landed, I really could not the Extensions of Remarks.) cans are without health insurance, 25 believe I was in the same country that million of that 45 work full-time but f I had seen on TV and read about in the have no health insurance. The SPEAKER pro tempore. Under a papers. This was not a country in We have taken 4 million Americans previous order of the House, the gentle- chaos. This was not a country where out of the middle class and put them in woman from Texas (Ms. JACKSON-LEE) one felt unsafe and in fear for their per- poverty and nearly $1 trillion worth of is recognized for 5 minutes. sonal safety. It was a country that was corporate assets have been foreclosed (Ms. JACKSON-LEE of Texas ad- recovering from a scar of over 30 years on. That is the net result of the eco- dressed the House. Her remarks will of a brutal regime that its people had nomic policies. appear hereafter in the Extensions of to live under. Sure, there are chal- We have a vision for Iraq with an ad- Remarks.) lenges that we are going to face and ditional $20 billion of reconstruction f there are tragedies that happened, but dollars, of American taxpayer dollars there is also great hope, and there is THE REAL STORY OF IRAQ being spent on their roads, their health great optimism because there have al- care, their ports. Um Qsar, a great port The SPEAKER pro tempore. Under ready been great successes. in Iraq, is being redredged. Yet we have the Speaker’s announced policy of Jan- The problem is the good news is not a 10 percent cut in the Army Corps of uary 7, 2003, the gentleman from Indi- news. When a torture chamber that Engineers here in the United States, ana (Mr. CHOCOLA) is recognized for 60 used to house Saddam Hussein’s polit- which all of us use to keep our eco- minutes as the designee of the major- ical prisoners gets turned into a police nomic vitality and job growth in our ity leader. academy where tens of thousands of districts. This recognition is without prejudice Iraqi police have been trained to pro- The same values that we hold for to the resumption of legislative busi- tect their citizens and protect their Iraq we must pledge for all Americans. ness. country, no cameras show up, no re- The same goals we envision for Iraq’s Mr. CHOCOLA. Madam Speaker, I porters show up. When a school re- future we must envision for America. rise tonight to talk about the vote that opens, in fact when 1,000 new schools Unfortunately, we have had two prior- we as Members of Congress are going to have been built in Iraq, there is not one ities, two sets of values, two sets of be asked to make in the near future reporter; and there was not one cam- books, one for Iraq, their children for and that is a vote we have already era. When the power comes back on, tomorrow and one for America. heard about tonight and that is the $87 when businesses can operate on a con- I do not think I will ever not support billion appropriation to support our sistent basis, when restaurants can our efforts in Iraq, but I will not sup- men and women in uniform and the open, there are no reporters and there port the deconstruction of the United citizens of Iraq. are no cameras. When the crop is har- States, and somebody can be cynical This is a lot of money, there is no vested, thousands of acres of wheat, enough to now see how the votes for question. And there is much com- again, there are no reporters and no Iraq’s reconstruction can be compared mentary and maybe even some people cameras, and businesses are opening to what we are doing here at home, a would say much rhetoric revolving every single day; but again, it goes un- $90 billion cut in Medicaid, compared around this issue, but as we decide how reported. But when there is one trag- to the 13 million Iraqis who will get to vote as Members of Congress and the edy, certainly every camera and every universal health care. Somebody could American people develop an opinion on reporter in the country is covering see that as wrong; opening up new uni- how they feel about their tax dollars that story. versities in Iraq, while we cut $500 mil- being invested in this manner, I think But for those that have visited Iraq, lion from Pell grants here in the it is imperative that we understand the those that have actually taken the United States. real story of Iraq. I think it is impera- time and the effort to go, it cannot go So I ask my colleagues on the other tive that we get beyond the rhetoric unnoticed because a success is so clear side as they consider on the eve, and I and the politics because this issue is and so obvious and so exciting and in- understand the pressure of being loyal way too important and has implica- spirational that we come back and we to our President and loyal to an admin- tions for generations to come, what the tell our stories. This is not a partisan istration’s goal, to think about what answer to the question about sup- issue. This is a situation where Repub- this means what we are doing here at porting the men and women in uniform licans and Democrats have come back

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.087 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9005 and told the real story of Iraq with we saw was commerce. We saw res- There was a young woman soldier great hope and great optimism. taurants. We saw children. We saw ev- that looked at me and she said, you What we hear tonight, and I am sure erything portraying the normalcy of know what I want people to know is we will hear in the future, is a lot of life and never once felt threatened for that I am here serving in harm’s way comments from people who have not our safety or worried that anything in Iraq for the protection of my family been to Iraq, people who do not know was going to happen, which is what we and my country back home. Because the real story and are engaging in rhet- see represented on the nightly TV. she said, see, if we are successful here oric and politics; and I think that is a After our trip downtown, we went in Iraq, Iraq will become the model of great, grave danger, not only to our back to the airport and we met with democracy in the Middle East. It will citizens but for all of our children and some of the locally elected officials. We help bring stability to a region that our grandchildren for generations to met with the vice mayor of Mosul. This has not seen stability in hundreds if come. was a very impressive gentleman. With not thousands of years. If we are not We come back and we share stories of him were other locally elected offi- successful, Iraq will become the home why we feel the way we do, and that is cials. They represented the local ethnic of terrorists and murderers and radi- what we are here to do tonight. I am representation. There were men, and cals who export violence and murder here with several other Members that there were women. There was never an all over the world; and that will put have traveled to Iraq, and we are going opportunity under Saddam Hussein’s my family and my country at much to share our stories about why we regime to have an opportunity to have greater risk. share so much hope and so much opti- local representative government. I have to say I was very impressed mism; and I would like to share just Shortly thereafter, we left and we with her observations, and I think that went to Tikrit, Saddam’s hometown. one story before I turn it over to some she really put this whole discussion We flew in helicopters for about an of my fellow Members. into context. The $87 billion the Presi- hour; and we basically followed the Ti- I was in Iraq for 3 days, and I would dent is asking for is a lot of money. gress River down to Tikrit, which is a just like to share one day, to give my But when we think about the con- little further south. From horizon to colleagues a sense of what the experi- sequences of failure, we have no choice horizon on each side of the river all we ence was like. but to succeed. If we succeed, we can saw was wheat. All we saw was fertile help bring stability to a region by help- b 2030 farmland. In fact, if Iraq had had the ing a democratic, secular, free govern- opportunity to have modern practices The group I was with, we flew into ment emerge. Mosul, a town in the northern part of and techniques of agriculture and pro- Iraq has every ingredient for success duction, they have enough potential Iraq. When we got out of the plane, it and every opportunity to help its peo- basically to feed the entire Middle was shocking, because most Americans ple have a bright future. Because the think that Iraq is very much a desert East. The most amazing thing to me was tools of the recruiters of the terrorists country, all sand. This looked like is hopelessness and oppression. The northern Michigan. There were hills. that it had been harvested, and it had been harvested just a couple of weeks people that are causing problems, their There were trees. It was a lush green worst nightmare is that we are success- area. ago. A country in chaos, a country that has no potential could never harvest ful, because it will take away every ar- As we got out of the plane, I noticed gument they have. It will change their new construction, a building that was hundreds of thousands of acres of wheat and store it effectively and use world. If we are successful, it will being built right next to where the change our world as well because we troops are; and I asked, what is that? it for the benefit of their people. As we approached Tikrit, Saddam’s will live in a much more stable world, One of the local troops said, well, that hometown, it was a stark picture. In where people are not strapping bombs is a local Iraqi entrepreneur. He is the middle of town is Saddam’s palace, onto their backs because they see no building a coffee shop for the troops to 144 buildings in the palace compound. hope in life. serve their needs. So here is a local Now these are not small little garages. If we can help the Iraqi people form a Iraqi entrepreneur that is putting his These are all villas and palaces. And on free and democratic government that own money into serving our troops and one side of two 10-foot walls that had brings hope, that brings economic pros- engaging in commerce. Does not barbed wire or guard stations every so perity, I think that is the best invest- sounds like a country in chaos to me. often was basically obscene opulence ment we can make as an American peo- We went in and got a briefing. We got that Saddam had built this palace for ple. We have a history of generosity in a briefing of all the successes that have himself and his family. On the other this country, and I do not think it is already happened in the northern part sides of the wall was obscene poverty time to stop that history. We recognize of Iraq in the Mosul area. This is the and pestilence. that $87 billion is a lot of money, but briefing that we got. I think that represented exactly how when we consider that September 11 Now we hear a lot of people say there he ran his country. He would spend all cost us $2 trillion, I think it is a wise is no plan for reconstruction, that of the country’s resources, the riches investment. there was never any thought to how we that it has, and it has many riches in Madam Speaker, I want to yield to were going to win the peace. This is a the form of oil and water and agri- the gentleman from Texas (Mr. BUR- plan that is not only about what we are culture, he spent all of those riches on GESS), who was on the trip with me; going to do, but more importantly himself, on his family, on his palaces and I know that he has some very in- what has already happened. In this and on his weapons. He did not spend spirational stories to tell as well. plan are discussions of the schools that any money on the people of Iraq. He Mr. BURGESS. Madam Speaker, I have been rebuilt, the transportation did not spend any money on upgrading thank my friend from Indiana for projects, the employment projects, the their power supply or helping their in- yielding to me. water projects, and the banking. There frastructure. I think that that was a So much of what I experienced, of is a chart of the local elections that very stark picture. It had been de- course, when I got back, was similar to have already taken place. Over 200 scribed as Las Vegas without the neon. what the gentleman just related. I can local elections have already taken As we landed there we had the great remember sitting down to watch the place in Iraq, with representative gov- opportunity, and this was the highlight national evening news back in Texas ernments in place which represent all really of the trip that I was on, at and turning on the television and hear- of the ethnic groups in their localities. every meal we had the opportunity to ing a news anchor that everyone is fa- So we had this briefing of the tre- visit and have a meal with the troops. miliar with. His lead story was Iraq, mendous successes, and then we went That night we had dinner, and there and he started talking again about the into the town of Mosul. During that was a very poignant moment, I hopelessness and the quagmire and we trip into town we were not in an ar- thought. Every time we had a meal I are just barely holding on and it looks mored vehicle, we had no bulletproof would ask the troops, what do you like an operation gone terribly wrong. vests on, and we were in the center of want me to tell people when I go back And I had to ask myself, did I get off town with the people of Mosul. What home about your stay here? the wrong plane? Did I perhaps land in

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.090 H30PT1 H9006 CONGRESSIONAL RECORD — HOUSE September 30, 2003 a parallel dimension? Because I did not Center, Texas, a registered nurse who those things were in place a year after recognize the country that he was talk- is with the 385th Civil Affairs Brigade, the combat phase ended. ing about. I did not recognize the coun- Lieutenant Colonel Keller told me he b 2045 try that I had just left hours before. visited the medical school library in I think General James Conway in Baghdad and could not find a textbook Madam Speaker, let me go back for a Babylon, the ancient city of Babylon, that had a copyright date later than minute to the issue of no humanitarian stationed there with the First Marine 1984. Does anyone suppose there have crisis occurred in Iraq. What if there Expeditionary Force, they were one of been any improvements in the practice had been 15,000 heat-related deaths in the first groups into Iraq, his descrip- of medicine in the last 19 years? the country of Iraq this summer? tion of what is going on in that coun- Pharmaceutical agents that were Would we have taken some negative try is what stuck with me. He de- manufactured in Iraq were useless. The press for that? Well, no, that humani- scribed Iraq as a vivid success story. He bioavailability of those compounds was tarian crisis was in France, not in Iraq; also went on to say that Iraqis are not so variable that even Iraqi physicians and I do not really recall reading a concerned that we are going to stay were frightened to use them. But Sad- whole lot about it in this country. Suffice it to say, we are not getting too long. Madam Speaker, they are dam had the edict, if it is made in Iraq, an accurate story or picture on what is most concerned that we are going to it is good for Iraqis. In fact, we relied going on on the ground in Iraq. The leave too soon. Apparently, that has heavily on donations from the Kuwai- only time I remember seeing any re- happened to them before. tis after the fall of the Saddam govern- porters at all was when we were at the Just as my friend from Indiana point- ment. Again, to put it in perspective, Al Rasheed Hotel in Baghdad. They are ed out about how normal life was in Saddam’s per capita medical expendi- not going to find the stories that they Mosul, even that first day, flying over ture was 50 cents a person per year. need to be telling in the lobby of the Al the city of Baghdad, the markets were Currently, that is up to about $45 per Rasheed Hotel. full. There were cars on the road. In- person per year, but they have a long Mr. CHOCOLA. Madam Speaker, I deed, there were traffic jams on the way to go. thank the gentleman for his comments. road. There were satellite dishes on the My friend from Indiana did an excel- I would like to ask a question regard- rooftops of the apartments and the lent job of describing the opulence of ing General Sanchez and the outline of houses. I do not know the number, but the palaces that were provided for the the successes which have been probably 25 to 30 percent of the resi- ruling class in that country. No dollar achieved, but when I got back home, I dences had satellite dishes on the roof- was left unspent. The architecture of heard people say there is no plan to tops. And bear in mind, Madam Speak- those palaces was truly horrible, but help rebuild Iraq. I am curious after er, that merely 6 months ago posses- the site planners and the landscape ar- visiting with General Sanchez and the sion of a satellite antenna was punish- chitects had a good deal of skill. Be- briefings we were given about the plans able by 1 year in one of Saddam’s pris- cause when Saddam stood in those pal- in place, the successes which have al- ons. Kind of a daunting prospect. aces in Tikrit, he did not have to see ready been achieved, is there a plan to The schools were open. Agriculture, the poverty on the other sides of the help rebuild Iraq? as my friend from Indiana pointed out, wall that was described. Mr. BURGESS. I do not believe this was flourishing. And, indeed, flying But, Madam Speaker, what was most degree of success was achieved in the over those wheat fields north of Tikrit, searing to me was to put the opulence absence of a plan. Of course they have where the harvest had just happened at of those palaces next to the poverty of a plan in place, and of course they are the end of August, it was nothing short the hospitals; hospitals that could not executing it brilliantly. of startling. It looked like Kansas even afford linoleum for their floors; The Coalition Provisional Authority below us. Albeit the Kansas of 150 years hospitals that could not afford to have in Baghdad, as General Sanchez point- ago, but it looked like Kansas. medical gases piped into their neonatal ed out to us, they will be developing From a military standpoint, the com- intensive care unit. Do you suppose a the pre-constitutional convention, then bat phase of Operation Iraqi Freedom premature baby is ever going to need convening the constitutional conven- was prosecuted brilliantly. There is no oxygen? Unfortunately, at the Al tion, writing the constitution and hav- remaining strategic threat. Stabiliza- Yarmouk Hospital, if a neonatal inten- ing elections. tion is the current goal of our offensive sive care case needed oxygen, they They outlined a timeline for us of 18 operation: to find, contain, and kill would have to find a cylinder, if they months, give or take 6 months; so 1 to those who would harm our troops or in- could. 2 years time. That information was nocent Iraqi citizens. And, of course, 80 Finally, if I could, let me just reit- given to us the last week of August. We percent of the engagements are within erate what happened within the first 90 have only recently seen those reports the so-called Sunni triangle. days after the fall of the Saddam re- in the newspapers here in this country, The police force in Baghdad is noth- gime. Schools completed their aca- but the story was clearly out there and ing short of a miraculous trans- demic year and conducted testing. Over available. formation. This is a police force that 90 percent of the major cities and General Raymond Odierno in the city has gone from a mission statement towns have functioning town councils. of Tikrit, clearly that man has a mas- that included brutality and contempt Over 60,000 Iraqis are contributing to ter plan, and that plan is to find, con- and corruption to one that emphasizes their own security. Not in the police tain, and kill those elements within proper police procedure in a free and force, this is an additional 60,000 that the city of Tikrit who mean harm to democratic society. Bernard Kerik, the are in their military and are serving as our troops and Iraqi citizens. I believe police commissioner from New York border guards. The prisons are on the the gentleman from Indiana and I sat City who gave so many of us comfort 2 verge of reopening. The judicial addi- in the same briefing where he described years ago after the attack of 9/11, was tional system is up and functioning. how he isolated a whole peninsula of working in Iraq when we were there. I Food distribution, with some minor individuals who mean harm to our believe he has returned to this country glitches, food distribution was not in- troops and innocent Iraqi citizens and now, but he has been nothing short of terrupted at the conclusion of the com- with overwhelming force took that a miracle worker there in Baghdad. He bat phase. Indeed, no humanitarian cri- area out in a very brief period of time. has gone from 0 to 35 precincts in 14 sis grew as a result of the major com- I think we have a workable plan and weeks time. That is 14 weeks time he bat phase. Hospitals, although below I think we have a winnable plan for has gone from 0 to 37,000 Iraqi police- standards, remained opened and func- winning the peace. Again, it is at this men in uniform and expects to have tional. Four and a quarter million chil- point so critical that we not lose heart, 65,000 by next May. dren were immunized between May and that we not lose faith and that we ade- In health care, we have to put it in the end of August. quately fund what is required to bring the context of no significant expendi- I point these things out because Gen- that country to some measure of peace ture in health care for almost 30 years. eral Sanchez told us that all of these and stability. In fact, Lieutenant Colonel Michael things happened within 90 days. Con- No question about it, lack of fuel and Keller, a good Texas boy from Hale trast that with Kosovo, where none of lack of electricity are radical issues. In

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.092 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9007 Mosul, it was pointed out to us that be over there liberating the Iraqi peo- Baathists, the terrorists, want to dollars are ammunition; and right now ple and protecting America and our eliminate because he will be a force for we cannot afford to starve them of am- freedoms and freedom for people good in a free and stable Iraq. munition. around the world. He told us what he told his soldiers Mr. CHOCOLA. Madam Speaker, I One of the things that I did when I or his police as he recruited them. He thank the gentleman from Texas (Mr. came back, I was asked by several sol- talked about we do not know the BURGESS); and I agree 100 percent there diers to call their families, and I did Americans, they do not know us, but appears to be a solid plan in place for that. I can tell Members, as impressed they came here and died to free us, so success which has been executed to a as I was with the soldiers I met, it was every day when we take to the streets great extent. inspirational to hear the parents and of Iraq we need to honor the Americans The amazing thing is I have not the wives when I called them, to hear for what they have done for us, giving heard any Member that has been to them talk about how proud they were us our freedom. Iraq who disagrees with the gentleman. and how much support they were giv- Madam Speaker, it truly was inspira- The only people that disagree are the ing their son, daughter, husband or tional to meet someone at the founding people who have not taken the time wife. It was really inspirational to me. of a nation. As we talked about, most and taken the effort to understand They said not only were they sup- of the major cities and most towns and what the plan is. It sounds more like portive and proud of what they were villages had elected municipal coun- politics than planning to me. As we doing, we were doing the right thing in cils, and this occurred just 2 weeks make this decision, it is so important Iraq. after major combat had ended in Iraq. that we understand the real story of I think it is imperative for the Amer- Today, as I said, every major city and Iraq and we base our opinions on facts. ican people to hear the whole story so most towns and villages are directing Madam Speaker, I yield to the gen- we have that support for our troops, we local matters themselves. Iraqis are tleman from Pennsylvania (Mr. SHU- have that support for the effort we are doing that work. STER) to share the story of Iraq. undertaking over there, and that our The third thing that we saw and Mr. SHUSTER. Madam Speaker, I Commander in Chief has that support. something that surprised me, although thank the gentleman for yielding me Because, without that support, we will I do not know that I should have been this time and for putting this Special not succeed. We have to have the surprised, as someone who has studied Order together. American people strongly behind this history all my life, but we focus on Tonight we need to shine light on the effort, and that is the only way we will Iraq, and it is all about the oil and facts, on the truth of what is really see success, if the American people sup- they certainly have tremendous oil re- happening in Iraq today. It is not the port this effort. serves, and that is going to provide the real story. It is not the whole story. We The second thing that I saw while I Iraqi people the wealth to rebuild their are getting bits and pieces, and we was over there, and, as I mentioned, country and have a stable Iraq in the know that it is still a dangerous place, the national media would feed us a future. But, as the gentleman from In- and they are killing American soldiers, steady diet of death and destruction in diana talked about, the agriculture was and that is something that we ought to Iraq and that picture was not the case surprising. I thought Iraq was a desert, be concerned about. as we talked here tonight about the but it is not. It is brown, and I think a But, as we have talked about here to- many, many things that we saw in lot of that is because of the heat, but night, there are positive things hap- Iraq. For instance, the hospitals, they they have vast wheat fields. Also, the pening in Iraq. There are things mov- were not hospitals like we see here in water resources that Iraq has, not only ing forward. The Iraqi people are grate- America, but they were functioning do they have the Tigris and the Eu- ful that we have come to Iraq to lib- hospitals. And many if not most of the phrates Rivers, but they have miles of erate them. major hospitals in Iraq are up and run- canals. They are able to irrigate much As May 1 came about and we ended ning today. The schools and univer- of the Iraqi countryside. major combat operations over there, I, sities are operating. Secondary schools In the south, with a pick and shovel, as most Americans did, would listen to are ready to take the kids on in the fall they can dig down 10–12 feet and hit the nightly news and hear stories of so they can begin that process, to con- water because the water table is very death and chaos and mismanagement. tinue to educate the young people of shallow. In the north, as we flew over And then every week we would come to Iraq. vast wheat fields, they were literally Washington and get a briefing, and the We talked about the security, the digging water wells horizontally, going story was different. So I decided in 56,000 trained Iraqis that are out there in at an angle down 20–40 feet before May that I had to go over there and see and walking the streets of Baghdad and they would hit water. So Iraq has oil for myself what was occurring in Iraq Mosul protecting the borders. That was and the ability to feed itself and the and see with my own eyes because I something to behold. We traveled to Middle East, and they have tremendous was hearing the administration tell us the headquarters and the training for water resources that any successful na- what they said was happening, and the Iraqi police force; and we met Ali tion needs to feed its people and take then of course the national media Kazon, who is now the head of the Iraqi care of its people. would tell a different story. police force. He told us the story how Finally, the Iraqi people themselves The good news is, as we have heard in 1979 he was head of the police acad- are a robust people; and proof of that is here tonight, when we traveled to Iraq, emy, and when Saddam Hussein took they have spent 30 years living under a we did see positive things, and I was over, he spoke out against Saddam, and Stalinist tyranny, living under terrible struck with three things. he was imprisoned and almost on a circumstances, but they have survived. First, I wanted to go over and see daily basis for a year he was tortured. Almost half the population is literate, what the situation with our troops was. And now 20 some years later, he is back so with the resources they have, with I heard morale was low, the troops and ready to take up his role to build the personality of the people, what we were unhappy. Much to my surprise a stable and democratic Iraq. are doing for them over there, giving when we arrived and had the lunches We were told the story just 4 weeks them the opportunity to live free and and dinners that the gentleman spoke before we arrived in Iraq there was an to create a democracy, we are giving about, which were a highlight of the assassination attempt on a gentle- them hope. That is what any nation trip and we were able to gain much in- man’s life. He was shot in the leg. He needs. Giving the people hope is going formation from them, I found out that was bandaged up, and 2 days later he to take them off that path of strapping the morale was good, it was high. When was back on the streets going after the on a bomb to themselves and killing we think about the dangerous situation guys who tried to assassinate him. themselves. they were in, 130 degrees plus, living in And just 2 weeks after we left Iraq, We need to make sure that we are tents, sand, dealing with all those ele- there was a bombing at police head- putting enough money into this situa- ments, these young men and women quarters, and it was another attempt tion. We talked about the $87 billion. It had high morale. These young warriors on Ali Kazon’s life. We were told that is a lot of money when we look at it as talked about how they were proud to this man is somebody that the $87 billion, but when we look at the

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.094 H30PT1 H9008 CONGRESSIONAL RECORD — HOUSE September 30, 2003 losses that America suffered after 9/11 their family members, and as they back to our districts and talk about and the losses we could face in the fu- came back into the village, they came these plans, to talk about what we saw. ture if we are not able to help build a face to face with a patrol of Marines. It I would encourage every Member of the stable and democratic Iraq, this is was a tense moment. Without some- House of Representatives, all 435 Mem- something we must do. We cannot fail body from high up, some bureaucrat in bers, to get on a plane, go to Iraq, see in this endeavor. We need to move for- Washington or some general in the what is over there, because I think as ward swiftly to make sure that the Pentagon or some general in the field, you have pointed out tonight, they Iraqi people can build that stable, a young sergeant decided the best come back and tell a different story, or democratic country. thing to do was to order his men to a full story of what is going on in Iraq. b 2100 stand aside, take their helmets off and I would encourage all of the Members bow their heads to pay respect to the of the House to travel there and see it Mr. CHOCOLA. I thank the gen- families, to the people that had per- firsthand. tleman for his comments. As you men- ished and to honor them as they Mr. CHOCOLA. Again, I thank the tioned, one of the highlights of this ex- passed. gentleman. I share in his encourage- perience was the opportunity to share I truly look at that, when I think ment for all Members possible to go a meal with the fine men and women in about the American soldier and we there and see for themselves what is uniform. We can sit here, and we can think of, as I said earlier, how coura- happening and share those stories. say how proud we are of them, but geous they are, truly, how compas- until you are actually there with them f sionate they are. That is a demonstra- and seeing the tremendous work that EXTENDING TEMPORARY ASSIST- tion of that. It is really a touching they are doing, I do not know that we ANCE FOR NEEDY FAMILIES story. It makes me very, very proud to can appreciate their efforts and their BLOCK GRANT PROGRAM be an American, to know that we not competence. Mrs. JOHNSON of Connecticut (dur- During one of the meals, again I al- only train fierce warriors, but compas- ing special order of Mr. CHOCOLA). ways ask, what do you want me to sionate soldiers, compassionate people. Mr. CHOCOLA. Again, I thank the Madam Speaker, I ask unanimous con- share with people when I go back sent to take from the Speaker’s table home? We were in Babylon in this his- gentleman. I think you are right. I think that the secret to our success in the bill (H.R. 3146) to extend the Tem- toric city where Saddam had built an- porary Assistance for Needy Families other palace to himself. A young sol- Iraq is not just going to be firepower or block grant program, and certain tax dier who had been very quiet during dollars, it is going to be the content of and trade programs, and for other pur- the meal, he looked up and he said, the character of the men and women in poses, with a Senate amendment there- what I want the people at home to uniform, and, certainly, we saw that to, and concur in the Senate amend- know is that the Iraqis that are shoot- they have tremendous character. They represent American ideals and values ment. ing at us and setting off bombs, those The Clerk read the title of the bill. aren’t the Iraqi people I know. The better than we could ever imagine. I think we certainly owe them a debt of The Clerk read the Senate amend- Iraqi people I know are very appre- ment, as follows: ciative that we are here. They thank gratitude for their efforts. Mr. SHUSTER. I think it was Gen- Senate amendment: me every day. I go out in the market- Page 10, after line 16, insert: place, and I don’t feel threatened. eral Sanchez that said to us that the way for us to succeed, to win this, to fi- SEC. 402. EXTENSION OF PROVISION EQUALIZING That’s what I want the people at home URBAN AND RURAL STANDARDIZED to know, is that the Iraqi people very nally win this, is not going to be mili- MEDICARE INPATIENT HOSPITAL much appreciate our efforts. tarily, it is going to be through the PAYMENTS. Then later, right after that meal, you hearts and minds of the Iraqi people, (a) IN GENERAL.—Paragraphs (1) and (2) of helping them to rebuild a country and section 402(b) of the Miscellaneous Appropria- will remember we went to a mass grave tions Act, 2003 (Public Law 108–7; 117 Stat. 548) site. That was probably one of the most giving them back their country. As you mentioned earlier, the thing are each amended by striking ‘‘September 30, moving experiences that I had during 2003’’ and insert ‘‘March 31, 2004’’. the trip, where we visited this mass we do not hear about in the media, (b) EFFECTIVE DATE.— grave site where up to 15,000 people had they say that there is no plan. As you (1) IN GENERAL.—Subject to paragraph (2), the been murdered, many of them buried mentioned and showed, one of the plans amendments made by subsection (a) shall take alive. They told us about how that as I recall, we met with General effect as if included in the enactment of the Mis- cellaneous Appropriations Act, 2003. grave site was discovered and the con- Sanchez who is the head of operations in the Iraqi theater. Then we met with (2) AUTHORITY TO DELAY IMPLEMENTATION.— ditions. Do you remember that? Do you (a) IN GENERAL.—If the Secretary of Health want to share that story? four of the five division generals, com- and Human Services (in this subsection referred Mr. SHUSTER. Absolutely. That was manders in Iraq. Every time we sat to as the ‘‘Secretary’’) determines that it is not one of the best stories that I have down for a briefing with any one of administratively feasible to implement the taken away from Iraq. Not only did we them, they gave us a similar plan. amendments made by subsection (a), notwith- see firsthand the commitment and the Even General Dempsey, who controls standing such amendments and in order to com- bravery, the courage of our young men Baghdad, that is his area of control, he ply with Congressional intent, the Secretary may delay the implementation of such amend- and women, but the decency of the talked about when we were there at the end of August, they were already start- ments until such time as the Secretary deter- American soldier. The story we were mines to be appropriate, but in no case later told was that when they found the ing to make plans and starting to move than November 1, 2003. mass grave site, the Iraqi people as toward taking our control, our base out (B) TEMPORARY ADJUSTMENT FOR REMAINDER they do to celebrate or in anger when of the center of Baghdad and moving it OF FISCAL YEAR 2004 TO EFFECT FULL RATE they come together is they shoot their to the four corners of Baghdad. That CHANGE.—If the Secretary delays implementa- weapons off into the air. It is very dan- was a month ago. I have not heard tion of the amendments made by subsection (a) gerous because when you shoot a bullet about that. I have not heard about it in under subparagraph (A), the Secretary shall the national media. I have heard about make such adjustment to the amount of pay- up, it has to come down, and when you ments affected by such delay, for the portion of have several hundred people doing it in our briefings, that General fiscal year 2004 after the date of the delayed im- that, there were people being killed. Dempsey is starting to make those plementation, in such manner as the Secretary The Marines told these folks that were moves, so that we are looking into estimates will ensure that the total payments for going up to the mass grave site that Baghdad, not looking out. They believe inpatient hospital services so affected with re- they could not celebrate in that way. that that is going to be a better way spect to such fiscal year is the same as would They were not allowed to shoot guns for us to help the Iraqi people, so we have been made if this paragraph had not been off into the air, so it was a very heated are not sitting in the middle and the enacted. (C) NO EFFECT ON PAYMENTS FOR SUBSEQUENT exchange. The Iraqis were angry be- Iraqi people then can take control of PAYMENT PERIODS.—The application of subpara- cause they could not do what they the security of Baghdad. graphs (A) and (B) shall not affect payment typically do. So there is a plan. We know that, and rates and shall not be taken into account in cal- So they went to the mass grave site, we have seen that. That is why it is so culating payment amounts for services fur- they collected the remains of many of important tonight for us here and to go nished for periods after September 30, 2004.

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 6333 E:\CR\FM\K30SE7.096 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9009 (D) ADMINISTRATION OF PROVISIONS.— egon and the Nation in this matter, this Congress to reauthorize TANF. If (i) NO RULEMAKING OR NOTICE REQUIRED.— and I am seeking it here tonight. it does take a substantial amount of The Secretary may carry out the authority Mr. CARDIN. Madam Speaker, I yield time, there may come a time that, under this paragraph by program memorandum to the gentlewoman from Connecticut. given our unemployment rate, our or otherwise and is not required to prescribe reg- Mrs. JOHNSON of Connecticut. I ulations or to provide notice in the Federal Reg- caseload reduction may no longer be ister in order to carry out such authority. thank the gentleman for yielding. I able to meet some of the current statu- (ii) LIMITATION OF REVIEW.—There shall be no certainly appreciate my colleague from tory requirements. Is it the gentle- administrative or judicial review under section Oregon’s concern with his State’s in- woman’s intention to work on a bipar- 1869 or 1878 of the Social Security Act (42 U.S.C. ventive approach and successful pro- tisan basis to encourage the Secretary 1395ff and 1395oo), or otherwise of any delay or gram in support of women on welfare, and the administration to continue to determination made by the Secretary under this individuals on welfare seeking the extend those State waivers which are paragraph or the application of the payment independence of returning to the work- being informally extended currently by rates determined under this paragraph. force. I am pleased that the next round the Secretary? Mrs. JOHNSON of Connecticut (dur- of welfare reform will allow a great Mrs. JOHNSON of Connecticut. It is ing the reading). Madam Speaker, I ask deal more flexibility in State pro- simply my belief that within the time unanimous consent that the Senate grams. frame of this extension, we will be able amendment be considered as read and As the gentleman is aware, a number to permanently reauthorize the welfare printed in the RECORD. of State waiver programs have expired program and add to it the more flexible The SPEAKER pro tempore (Mrs. in recent years. In June 2003, Oregon provisions that are in the underlying MILLER of Michigan). Is there objection Senators were informed by Secretary bill with some interest that the Senate to the request of the gentlewoman Thompson that, despite the expiration has expressed in additional waivers. from Connecticut? of Oregon’s waiver that month, Oregon Mr. CARDIN. Madam Speaker, under There was no objection. was not in danger of failing to satisfy my reservation, let me just com- The SPEAKER pro tempore. Is there work rate requirements in the future. pliment the gentleman from Oregon for objection to the initial request of the The reason is because Oregon’s case- raising this issue. There are States gentlewoman from Connecticut? load reduction credits totally wipe out that have operated under waiver au- Mr. CARDIN. Madam Speaker, re- any effective work rate requirement in thority that has expired. I can assure serving the right to object, I do not in- the State. you, although we have not been able to tend to object, but under my reserva- Here is how Secretary Thompson put work out a bipartisan bill, there is bi- tion, I yield to the gentleman from Or- it: partisan agreement to maintain the egon (Mr. WU). ‘‘Oregon is not in violation and, flexibility of the States under the Mr. WU. I thank the gentleman from based on Oregon’s history, is not ex- waiver authority. I know that there are Maryland for yielding. Madam Speak- pected to be in violation, and, there- efforts to extend it and expand it, but er, I rise to express my grave concern fore, Oregon will not be subject to pen- at least there is agreement that we with the potential termination of the alties for the next 3 months or until re- want to maintain at least where the successful Welfare Waiver Program in authorization. Even without its waiver, States are today in their ability to use my State of Oregon because of Federal Oregon’s program would have met its authority to tailor programs for their action or inaction. Today we are mov- all-family work participation require- individual State needs. That is a bipar- ing forward again on legislation to ex- ment in 2002 because it effectively had tisan understanding, and I believe, tend the Temporary Assistance for no participation requirement. Should also, there is a lot of support in the Needy Families, or TANF, Program reauthorization not occur prior to the other body. through a period of time until we can end of the fiscal year and current law I thank the gentleman for raising do the full reauthorization. Also today be extended again, I would remain con- these issues, because I think they are in Oregon, a successful State-designed fident, based on the facts that I have very important as we move forward in welfare-to-work program which has before me, that Oregon could continue the debate, not only to Oregon but to provided a gateway from welfare to to operate its program without becom- other States. I know the gentleman is work for thousands of Oregonians may ing subject to participation rate pen- fighting very hard for his own State. expire through our action or inaction. alties.’’ We appreciate that very much. We cer- My State of Oregon currently oper- As the gentleman knows, the House- tainly do not want to see a diminished ates its welfare program under a Fed- passed welfare reauthorization bill, ability of your State to perform its eral waiver. In Oregon, the program is H.R. 4, includes provisions that would services. known as the Oregon option and in the allow States to apply for new waivers Mr. WU. I thank the gentleman from last 6 years, it has seen caseload reduc- of the TANF program. That reflects ad- Maryland. I will take the gentle- tion rates above the national average. ditional flexibility for States and is a woman’s response as we certainly as- Our innovative program allows Oregon positive step. I will fight in conference pire to extend this to the full reauthor- the flexibility to consider individuals for enhanced waiver authority for ization within the limits of this exten- on a case-by-case basis. Some folks States in conference with the Senate. sion, but that on a best efforts basis, simply need a little job training or job Mr. WU. If the gentleman will yield should we not be able to do that within search skills and then they are ready further, I would make inquiry of the this period of time, which I believe is to transition back into the workforce. gentlewoman from Connecticut, I March of 2004, that we will endeavor to- Others need more extensive drug and would like to make two inquiries, and gether to continue on this informal alcohol treatments or basic education let me do them separately. Oregon has basis to extend the waivers under before they are able to hold down a job. had a terrible unemployment situation. which Oregon and other States have This combination of rehabilitative Out of the last 24 months, we have operated. services to the most needy and more topped the Nation in unemployment 17 Mrs. JOHNSON of Connecticut. It education and job training activities out of those 24 months. We have oscil- will certainly be an issue that we will for others has proved to be a great suc- lated between 8.1 percent unemploy- discuss together before the expiration cess. For 18 months, I have sought to ment and 8.8 percent unemployment. I if we think reauthorization cannot be protect and extend the successful State believe we are currently at a season- finalized. innovation. My friends and colleagues ally-adjusted 8.5 percent unemploy- have acknowledged the success of the ment rate. b 2115 Oregon program and the importance of My first inquiry of the gentlewoman Mr. WU. Madam Speaker, if I may preserving individual State innovation. from Connecticut is that the factual make my second inquiry of the gentle- However, with the passage of today’s predicate, upon which the Secretary’s woman from Connecticut, I would like extension, we find ourselves punishing, letter is written, is based on weighted to inquire of the gentlewoman as to her rather than rewarding, innovation. averages of caseload reduction. Given intent to assist Oregon and other I ask the gentlewoman from Con- the terrible situation that our State of States with an extension specifically necticut to assist the citizens of Or- Oregon is in, it may take some time for for States on welfare waivers in the

VerDate jul 14 2003 04:54 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.049 H30PT1 H9010 CONGRESSIONAL RECORD — HOUSE September 30, 2003 TANF reauthorization bill as it is cur- Mrs. JOHNSON of Connecticut. bill to extend expired waivers, and I rently being considered before this Madam Speaker, I would indicate to would just like to log that as a point of Congress and this body and the other the gentleman that the bill that passed departure for States like Connecticut body. the House has a very broad waiver of and Oregon, the waivers for which have Mr. CARDIN. Madam Speaker, before authority in it. There are some that expired; and if there is a will, there will I yield to the gentlewoman from Con- think it is too broad and would like be a way. necticut, it has been the position at narrower waiver authority. We will see Mr. CARDIN. Madam Speaker, fur- least of this body by its formal actions what the Senate has done, and then we ther reserving my right to object, just to expand the authority to what is will see if the conference committee to respond to the gentleman, I agree known as a superwaiver. That is con- can come to a conclusion about the completely with what he has said, and troversial, and I am not sure there is structure of the waiver authority in it has been the position of some of us certainly not an agreement on a bipar- the future. But there was a waiver au- to do the extension of individual States tisan basis for a superwaiver; however, thority in the last welfare bill. I think that had it prior to the expiration of the superwaiver sort of consumes the there is universal agreement that the bill. There has been a consensus, as individual State waivers. It is certainly States need flexibility to structure I have indicated before, to give States the position of the majority of this their programs to meet the specific at least that flexibility; and the major- House on both sides of the aisle that needs and circumstances of their own ity has decided to go beyond that with the States have at least the waiver au- people, and so this will be a significant the superwaiver in this body. So the gentleman’s point is very well stated, thorities that they had under the ex- issue that will be addressed. piring TANF laws. I will be glad to I cannot tell the gentleman at this which I happen to personally agree with; and I appreciate his bringing it to yield to the gentlewoman from Con- point whether there will be precisely our attention. the narrow State waiver authority necticut, but I am not certain that Mr. WU. Madam Speaker, I thank the there is an agreement right now as to there is under current law, but I would gentleman and I thank the gentle- individual State waivers as compared also remind the gentleman that that woman. to broader authority. I can tell the po- waiver authority under current law has THE SECRETARY OF HEALTH sition that I would like to see is indi- a defect. The waivers expire and are AND HUMAN SERVICES, vidual States, but I understand there is not reauthorizable. Under current law, Washington, DC, June 24, 2003. no consensus yet on that issue. they have to reapply for them. So Hon. RON WYDEN, Mrs. JOHNSON of Connecticut. under current law there is a problem U.S. Senate, Madam Speaker, will the gentleman about how do we move the successful Washington, DC. yield? waivered program into the main- DEAR SENATOR WYDEN: Oregon has been op- Mr. CARDIN. Further reserving the stream, and I think that is an issue erating its Temporary Assistance for Needy right to object, I yield to the gentle- Families (TANF) program under a waiver that the conference needs to resolve as since 1996 and this waiver is due to expire at woman from Connecticut. well because my State also has a waiv- the end of this month. I thank you for rais- Mrs. JOHNSON of Connecticut. er that has expired as well as the same ing with the Administration your concerns Madam Speaker, I agree with the gen- kind of unemployment rate, unfortu- about your State’s TANF program and its tleman from Maryland. There is a lot nately, that Oregon has. waiver, and I admire the tremendous efforts of interest in the States having flexi- So there will be a number of people you have been making on Oregon’s behalf to bility to tailor their programs to their in conference concerned about this see that your State has the ability to oper- ate the best TANF program it can. I believe own specific needs, but exactly the issue, but I certainly cannot assure the that Oregon will be able to maintain its cur- structure of that authority is a matter gentleman that there will be exactly rent program through the end of this fiscal of disagreement at this time; and we the same kind of state-based waiver au- year, and ask you to continue working with will look to see how the Senate re- thority in the reauthorization that me to complete reauthorization legislation solves those issues and then in con- there has been in the past bill. There is that will improve TANF for families across ference find an agreement that we a lot more interest amongst many in a the nation. The rigorous evaluation of your Portland think will meet the needs of the major- broader waiver authority that encom- program has documented some of the most ity of the States. passes a greater variety of bills so that impressive impacts on increased earnings, Mr. CARDIN. Madam Speaker, I ap- they could better integrate broad serv- improved job quality and reductions in wel- preciate what the gentlewoman said. I ices for people coming off welfare. So it fare dependency of any program that has think it is, in fairness to the gen- is a long debate. We are not going to ever been evaluated. This impressive record tleman from Oregon, certainly our de- resolve it here, but I do appreciate the of accomplishment is one of which you can sire to make sure the States maintain gentleman from Oregon bringing to be proud. I know that your efforts in support of Or- the type of authority Oregon has been this floor his concern about his State’s egon’s program are grounded in the lessons able to use to create creative pro- rights to tailor its welfare program to you have learned from the evaluation of your grams, and I really do thank the gen- meet the needs of its people. In the end State’s success and these lessons will be im- tleman for bringing this to our atten- that is really what makes a Federal portant in informing the debate on issues tion. It is a very important issue to our program successful or not successful is that will be considered in TANF reauthoriza- States. that local control and local power, and tion. Your commitment and leadership on Mr. WU. Madam Speaker, will the I agree with the gentleman that that is these issues continues to benefit the people of Oregon. gentleman yield? terribly important to the quality of Oregon’s TANF program operates with a Mr. CARDIN. Further reserving the Federal programs and their success. waiver granted under the former Aid to Fam- right to object, I yield to the gen- Mr. WU. Madam Speaker, will the ilies with Dependent Children (AFDC) pro- tleman from Oregon. gentleman yield? gram. When AFDC was converted into TANF Mr. WU. Madam Speaker, I thank the Mr. CARDIN. Further reserving the as part of the Personal Responsibility and gentleman for yielding. right to object, I yield to the gen- Work Opportunity Reconciliation Act of 1996 I would like to inquire one more time tleman from Oregon. (PRWORA), the new law enabled States such of the gentlewoman from Connecticut Mr. WU. Madam Speaker, I thank the as Oregon that had previously approved waiver programs to continue operating those as to her intention to work in this body gentleman for yielding. waivers. However, there is no provision in in conference and with the Senate with The language of this body is beau- law that would permit the Administration to respect to specific State waiver author- tiful for its specificity and nonspeci- extend such waivers, as it was anticipated ity as we go forward with this reau- ficity, and I fully appreciate that. I that these programs would eventually align thorization. certainly do not expect a solution to themselves with the larger TANF reforms Mr. CARDIN. Madam Speaker, I the problems of this particular reau- upon completion of their waivers. Therefore, think the gentlewoman has already an- thorization this evening. I would like extending existing waivers would require changing current law. swered that. Further reserving the to simply note that under the plenary TANF is currently authorized only through right to object, I yield to the gentle- authority that Congress has over many the end of this month, and legislation is be- woman from Connecticut again if she issues, including this one, that it is fore the Senate that would temporarily ex- wants to further clarify it. within the ability of Congress in this tend the program through September, 2003,

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.100 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9011 the end of FY 2003. The Administration first three quarters of FY 2003, it should tinguished gentleman from California [Mr. strongly supports passage of this emergency meet this standard as well. THOMAS], the Chairman of the House Ways measure to keep the current program oper- Based upon this, I am confident that Or- and Means Committee, for introducing this im- ating, and enable Congress to complete work egon can continue to operate its current on reauthorization. Without this measure, TANF program through the end of this fiscal portant legislation and for his efforts to extend Oregon would be denied access to over $40 year without concerns about becoming sub- the authorization for the Temporary Assistance million in TANF funding scheduled to be ject to penalties for meeting its participa- for Needy Families (TANF) program, as well made available for the fourth quarter next tion requirements. Should reauthorization as related welfare reform initiatives, such as week. not occur prior to the end of the fiscal year the mandatory child care program, the absti- I understand Oregon will maintain its cur- and current law be extended again, I would nence education program, and the transitional rent program while Congress completes work remain confident based on the facts that I medical assistance program. Moreover, this on reauthorization. Oregon is not in viola- have before me that Oregon could continue tion and based on Oregon’s history is not ex- to operate its program without becoming Member would like to thank Chairman THOMAS pected to be in violation and therefore Or- subject to participation rate penalties. for including language in H.R. 3146 to address egon will not be subject to penalties for the TANF is a great program, and with your Medicare payment disparities between rural next three months or until reauthorization. help we can make it work even better in the and urban hospitals. Let me explain. Oregon’s current TANF future. TANF provides States tremendous The Rural Health Care Coalition, which this program has many elements, most of which flexibility to fund and operate work and job Member currently leads as the Interim Co- are accommodated under TANF and are per- preparation activities, and to provide sup- Chairman, has been diligently working to bring missible under current law. However, I un- portive services and benefits so clients can derstand the State is concerned about its find work, support themselves and build a equity to the rural health care delivery system. ability to continue operating two particular better life for their families. I know you One of the Coalition’s key priorities has been policies when its waiver expires. Oregon’s share my interest in seeing the program re- to address hospital payment disparities to en- waiver allows the State to count toward its authorized as quickly as possible, and seeing sure that facilities in rural areas and small cit- required work participation rate certain that important improvements are made to ies can stay in business and continue serving types of activities, such as participation in enable States to engage all cases in mean- patients who need care. substance abuse treatment and extended ingful and helpful activities so they can Medicare pays for inpatient services in large education and training, which would not oth- move into work quickly and successfully. urban areas using a standardized amount that erwise be countable under TANF. Your Reauthorization is crucial for Oregon. As is 1.6 percent larger than the standardized State’s waiver also permits counting of cer- you know, the President’s reauthorization tain adults who are participating but have proposal includes changes that would enable amount used to reimburse hospitals in other not attained at least 30 hours of participa- States to count various barrier removal ac- areas (both rural areas and small urban tion per week, which is also required under tivities toward their participation rates, as areas). The Consolidated Appropriations Act TANF law. Oregon is doing now. It would also eliminate of 2003 (Public Law No. 108–7) provided a Importantly, even without its waiver, the separate 2-parent participation rate. six-month base payment increase for rural and TANF would not prohibit Oregon from en- I appreciate the impressive work you are small urban hospitals from April 1, 2003 to gaging clients in the activities they cur- doing for the State of Oregon, and particu- September 30, 2003. Specifically, this meas- rently do, nor does it prohibit the State from larly your attention to this critical program assigning hours for particular clients at lev- that has become so important to helping our ure raised the inpatient base rate for hospitals els below the current-law standard. These neediest families build better lives. The in rural and urban areas to the level of the issues are relevant in that States must meet State of Oregon has done a wonderful job rate for those in large urban areas. minimum participation rates. However, ac- with its TANF program over the years, and The bill before us today will extend this pay- cording to Oregon’s current data, the State we will continue to work with you on reau- ment increase until March 31, 2004. Such ac- would be likely to meet its required partici- thorization legislation to see that we build tion is cruical—especially for cash-strapped pation in FY 2003, even though Oregon’s abil- the best program for Oregon and all of Amer- rural facilities which are near the breaking ity to count certain activities and clients ica. point and in need of urgent aid. This policy will under its waiver will end at the end of this The Office of Management and Budget ad- month. vises that it has no objection to this letter help maintain access to care in rural and less Oregon achieved a participation rate for from the standpoint of the Administration’s populated urban areas of the country by better all its families of 61.1% in FY 2002. It would program. aligning hospitals’ payments to their average have achieved only an 8.0% all-family rate if Sincerely, costs. The estimated impact of eliminating the it had operated the same way, but counted TOMMY G. THOMPSON. base rate differential for six more months will participation without its current waiver. Mr. CARDIN. Madam Speaker, this is result in $3.8 million for Nebraska hospitals, However, because Oregon achieved such a very important legislation. It extends according to the Nebraska Hospital Associa- dramatic reduction in TANF caseload over the past several years, it enjoys a caseload the TANF programs and related pro- tion. This Member will continue to work on ini- reduction credit that reduced its effective grams for the next 6 months so that we tiatives to bring even greater Medicare equity all-family participation rate requirement to can try to work out a long-term, to Nebraska this year. 0% in FY 2002. Thus, even without its waiver, multiyear extension of the TANF pro- In closing, this Member urges his colleagues Oregon’s program would have met its all- grams and related programs. I thank to support H.R. 3146. Reducing the difference family participation requirement in FY 2002 the gentlewoman for bringing this leg- in Medicare reimbursement levels between because it effectively had no participation islation forward. rural and urban hospitals is critical. Rural hos- requirement. Mrs. JOHNSON of Connecticut. Oregon’s caseload reduction credit in FY pitals receive less Federal funding than hos- 2001 was 56.2%, and in FY 2002 was 58.3%. I Madam Speaker, will the gentleman pitals in urban areas for providing the same would anticipate that this would not change yield? services. This legislation will keep base pay- considerably in FY 2003, and because the re- Mr. CARDIN. I yield to the gentle- ments at the same level as those in urban quired all-family rate for FY 2003 remained woman from Connecticut. areas for six more months. at only 50%, the State is very likely facing Mrs. JOHNSON of Connecticut. Mr. CARDIN. Madam Speaker, I no participation requirement for the current Madam Speaker, this legislation is withdraw my reservation of objection. year as well. Furthermore, work participa- nearly identical to H.R. 3146, a bill the The SPEAKER pro tempore (Mrs. tion rates are measured on a full year basis, House unanimously approved last MILLER of Michigan). Is there objection meaning that for FY 2003 Oregon’s rate week. The only change is the addition to the initial request of the gentle- would be an average of what it achieved of a 6-month extension of expiring throughout the year. Given Oregon’s ex- woman from Connecticut? tremely high participation rates under its Medicare payment provisions affecting There was no objection. waiver, and the fact it will have operated hospitals in small cities and rural A motion to reconsider was laid on under the waiver for three of the four quar- areas. These provisions need to be the table. ters of FY 2003, it should achieve a very high passed today and signed into law im- f rate even if the final quarter is calculated mediately to ensure the continued without the waiver. smooth operation of programs affecting THE REAL STORY OF IRAQ Oregon also must meet a separate partici- health, welfare, and commerce The SPEAKER pro tempore. The gen- pation rate for its 2-parent families. With its tleman from Indiana (Mr. CHOCOLA) has waiver, the State achieved a 53.8% 2-parent throughout the country. I urge the sup- rate in FY 2002, but due to the caseload re- port of this body. 19 minutes remaining in his Special duction credit it earned, only needed to meet Mr. BEREUTER. Madam Speaker, this Order. a 31.7% standard. Again, given the State’s Member wishes to add his strong support for Mr. CHOCOLA. Madam Speaker, so likely high 2-parent participation for the H.R. 3146 and would like to commend the dis- far we have heard from three Members

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.051 H30PT1 H9012 CONGRESSIONAL RECORD — HOUSE September 30, 2003 including me that have been to Iraq. we understood what happened in that portunity for us to tell about this, be- We shared some of our stories. But we country, is Saddam Hussein. cause it was something that I will got back about 3 weeks ago; and in We also visited a mass grave, much never forget as long as I serve in this Iraq’s history as a free nation, that is as what the gentleman had described; House, or be able to walk away and say a very long period of time since they and we stood there and heard the story what I am proud of. I appreciate the have only been free of the Saddam Hus- about that mass grave of 3,000 people time to be able to relate that. sein regime for about 5 or 6 months. identified because they had to put their Mr. CHOCOLA. Madam Speaker, I I yield to the gentlewoman from identification in a plastic bag that was thank the gentlewoman very much for Texas (Ms. GRANGER), a Member of hung around their neck. So when that joining us tonight and staying up late Congress who just returned last night. was discovered along with they think after a very long trip. But certainly I Ms. GRANGER. Madam Speaker, I are over 100 graves like that, some as think that tells how impressed we all appreciate the gentleman yielding. large as what the gentleman said, were after we had the opportunity to The night is long; so I will be brief. 10,000 remains, and as they tried to visit Iraq. But I was a part of a 17-member bipar- identify those people and go to those One of the things that I think struck tisan delegation that left last Thurs- families and say to the people that us all was the quality of the men and day after the last vote and then re- they thought all these years were alive women in uniform and their sense of turned late last night. And as we left and in prison were in this mass grave, mission. I get asked often, what is the and as we arrived many hours later, we shot in the back of the head and then morale? Three weeks ago when we were knew that there were people that were dumped into a grave and then some- there, the morale was very strong. debating whether we should be in Iraq times, either because they ran out of They knew why they were there, and and how we got there. We spent the ammunition or just got tired, they they knew what they were doing. I am next days looking into the faces of men were not shot. They were just dumped curious as to how the gentlewoman and women who fought there and as- into graves. What we saw and what we found the morale. suring them that we were not going to understood there in Iraq were busi- Ms. GRANGER. Absolutely. The cut and run, that we were going to nesses that were not started and edu- highlight of any trip like that is to sit make their sacrifices worth it and we cations that were not finished and ba- and break bread with the people who were there to assure them that we bies who did not live. This is a country serve; and we always sit with people would let them finish the job. As was that has an infant mortality that is who are in our districts, but in my par- mentioned earlier, General Rick equal to India, one of the highest in the ticular case the people of Texas over- Sanchez, he talked to us about what world. We saw children whose fathers all. But amongst the men and women had occurred there and what needed to just disappeared and lives that were the morale was high. They knew why occur there, and he also told us the lived in utter terror. We saw justice they were there. They were proud of same thing, that winning this war that was not delivered and protection what they were doing, and they could would be winning over the hearts and that was not given. not wait to tell us. The experience and the minds of the people of Iraq, and I So we came back, I say, as a bipar- the expertise, the determination of certainly could not agree more. tisan congressional delegation. We those men and women is always some- What we saw in Iraq, first of all, were came back united in our resolve, re- thing that is just astounding to me. palaces, over a hundred of them, with gardless of where we were on the reso- Yes, the morale is very high. They beautiful crystal chandeliers and lution before, but united in finishing know why they are there. They are painted ceilings and gilded doors and a the job that had been started; and I anxious to get home to their families gilded thrown. Outside we saw statues have thought ever since I got back and and get back to their jobs but very and monuments built by Saddam Hus- all day today, which I cannot get out of proud of what they are doing. sein and built there to glorify Saddam my mind, and I know as well as those As one of the officers related, he said Hussein. who have spoken tonight, we have an he went to the hospital to visit some- What else did we see? We visited a opportunity to prove who we are and one who had been injured badly, and he hospital in Baghdad, and not in my what we stand for. Sure, there are chal- said he experienced what he always ex- lifetime have I seen a hospital like lenges. There are challenges. We could periences when he says, what can I do that except in old movies, World War I talk about the cost. Is it enough? Is it for you. They always say, take me and World War II, because we do not too little? Where do we get it? But we back to where I was; I want to finish have hospitals with equipment that is have an opportunity to help the people the job. that old. We saw a predelivery room experience what we take for granted Mr. CHOCOLA. Again, I thank the with women waiting to deliver their often, and that is our freedom, our pro- gentlewoman very much for joining us babies in a room with a roof that tection, our system of justice, having a tonight, and welcome home, and I leaked and air conditioners that did future, having a future for our children thank her for sharing her stories. not work and faucets with rusted han- and grandchildren and say they can be I see the gentleman from Texas is dles. We went to a power plant that what I am or better, they have that op- still here, and I think he may have an- was supposed to supply the power to portunity. other story he would like to share with Iraq, and it was held together with us. hope and rope and rust and baling wire. b 2130 Mr. BURGESS. Madam Speaker, I We were escorted there by a wonderful We have the opportunity to help the thank the gentleman for yielding, and Marine lieutenant colonel who said as people of Iraq have that and then, of I certainly thank my colleague from he went through that country he won- course, leave them in charge and leave, Texas for taking the time to come here dered if he would ever see a child with and leave them with a future that is tonight. I know what that jet lag is shoes on because none of them had full of hope. I left with the wonderfully like. shoes. uplifting feeling of being able to do I feel obligated just to make another Is this a country without natural re- what is right, both what is right for the mention about the situation with the sources and assets? Is this a country people of Iraq but also what is right for mass graves. I was a private citizen in that had no other choices? No, it cer- the people, our people who are serving 1999, but I remember the administra- tainly is not that country. It is a coun- in uniform there, and just what is right tion and I remember the news media try with oil reserves second only to as men and women of principle in this talking about the necessity for going Saudi Arabia, that had land that was House, the opportunity that we have into Kosovo and how desperate that ne- fertile and good for agriculture, had in- been given by the people. cessity was, because there were mass telligent, caring people who wanted So I would say I wish every Member graves in Kosovo. Well, we went into something better than that. Remem- of this House could do what we have Kosovo and we won that conflict, but ber, this is a country that helped start done, to be there and to see that and the mass graves somehow never mate- the World Bank and at one time had an talk to the people of Iraq and talk to rialized and somehow that was unim- economy equal to Australia. But what our men and women who serve. I am portant. But, Madam Speaker, we had happened in this country, or what glad the American people have the op- found those mass graves. Those mass

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.103 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9013 graves were in Iraq. When we were busy I think the gentleman from Pennsyl- Mr. CHOCOLA. Again, I thank the in Kosovo, we probably should have vania has another measure to discuss gentleman, and I certainly appreciate been concentrating on the regime of on what we should do. his efforts. Our men and women in uni- Saddam Hussein. Mr. SHUSTER. Madam Speaker, I form are essentially performing many A lot has been made about the weap- thank the gentleman for yielding. of the duties of the United Nations by ons of mass destruction and the fact Our efforts are on track in Iraq. We liberating oppressed people and helping that we have not yet found them. I will do have a plan. But something that is them rebuild their nation and really tell my colleagues I am impressed, be- very disappointing to me and, actually, giving them the opportunity of free- cause of the size of the country, with I am angry about is that is in regard to dom for the first time in their lives, the enormity of that job. But one the participation or lack of participa- something that I think is contagious weapon of mass destruction we have tion of the world’s largest peace- and benefits all of us. found, and that weapon was the person keeping organization. Mr. Speaker, let me conclude by of Saddam Hussein, and that is at- The United Nations is an organiza- pointing out that the bottom line is tested to by all of the silent voices bur- tion that was founded on international that Iraq is the frontline of the war on ied in those mass graves around his cooperation and collective security, terror, and it is a war we can and must country. but it has failed to assist in efforts to win. As the young woman in Tikrit, the remove a growing threat. The failure of I thank my friend from Indiana for young soldier that I had dinner with, this organization to support our efforts yielding me the additional time, and I pointed out, this issue is much larger against a murderous and extreme dic- happily yield back. than Iraq itself. It is about the future tator is unfortunate and, at times, un- Mr. CHOCOLA. Madam Speaker, I stability of the Middle East and really forgivable. think there are a lot of misconceptions about the future stability of our entire about Iraq, that it is a barren desert What I have done is I have drafted a piece of legislation that I am going to world. country, when in fact it is a fertile If Iraq can become a secular, free, introduce tonight that will take $200 crescent, truly, and also about the democratic nation, it will give hope million of our annual dues, which is mass graves. When I am at home I ask and optimism to a region of the world about $330 million every year, and it di- people, how many mass graves do you rects the administration to take that that really has very little today. They think we found in Iraq? And they say, money and put it towards the humani- are well-equipped to win that war, they oh, five, six. If I recall when we were tarian situation and our troops in Iraq, are well-equipped to help the Iraqi peo- there, they found something like 151 al- to improve their environment, whether ple build a much better future, because ready; and they thought that there it is food or shelter or whatever the they have every ingredient of success. were maybe as many as 500, maybe case may be. But I am to the point that They have water. They have rich oil re- over 1 million people had been mur- I have watched for years the United serves, which was pointed out tonight. dered in these mass grave sites. Nations talk and not act. In this situa- They have tremendous agriculture ca- The magnitude of the horror of the tion it is quite evident, the situation pabilities. They can help feed not only regime of Saddam Hussein can only be that occurred in Iraq, and it is quite themselves but many of their neigh- understood by the people who lived evident that they need to be there bors. under it. I think that is why, when we helping us and, to this date, they have So I think all of us, as Members of were in the area of Babylon traveling done nothing. Congress, have an obligation to base in a bus along the roadside, people So my legislation, as I said, would di- our decisions on facts, not on rhetoric, would run up to the bus and give us the rect the administration to take $200 not on politics. But with an issue as thumbs up. Can my colleagues imagine million of the $330 million, I believe it important as this that has ramifica- the situation of living under that bur- is, that we pay to the U.N. annually tions for generations to come, it is so den of knowing that your relatives and send it over for our troops. So I important that we seek the truth and were killed in a field near your village, would encourage my colleagues to sign seek the facts. but you could never go there because on to this bill and support it as it What I have observed from every you might find the same fate if you moves forward. Just to let my col- Member who has been there, that they tried to go find out what really hap- leagues know, there is a provision that came back with exactly the same pened? if the United Nations decides to stand story. They come back with hope, they Mr. BURGESS. Madam Speaker, if up and do what is right and support come back with optimism, they come the gentleman will yield, he will re- this effort, to go over and take their back with support for doing what is member one of the estimates that we role in Iraq the way that they should necessary to help our men and women were given about the number of casual- participate, then there is a provision in uniform and the men and women, ties in that mass grave in Al Hilla was there that will let this legislation the citizens of Iraq, to help rebuild based upon the testimony of a physi- lapse. So I plan on introducing that to- their country. They do not try to sepa- cian in that town. I was a physician in night. Again, I would urge all of my rate out what we spend money on for my former life. Imagine this doctor colleagues to support this, to say to just guns and bullets and what we whose life was dedicated to saving the U.N., stand up and be counted in spend on infrastructure, because they lives, to healing, to giving life, watch- this situation. are really inseparable. Because our suc- ing in his village while a bus or a truck Finally, I just want to thank my col- cess is not really based on firepower, was loaded up three times a day and league from Indiana for setting up this although that is important. It is about driven out to that site and returned hour this evening. I think it is impor- winning the hearts and minds of the empty, and this continued for a full tant that we not only here on the floor Iraqi people and showing them Amer- month. And that was where they got of Congress in the House of Representa- ican ideals and generosity that has the estimates of the numbers of per- tives tell the whole story, but that as really changed the globe and history haps in excess of 30,000 people being we travel through our districts, mak- over the last 200 plus years. within that one single mass grave; and ing sure that the people that we rep- Madam Speaker, I am sorry to say then, of course, as the gentleman resent hear firsthand and unfiltered that since returning home from Iraq I knows, there are many more like that what is happening there, and that have been criticized by some people for throughout the country. there is a positive plan in place, and being optimistic. I have been scolded Mr. CHOCOLA. Again, I thank the that we have young men and women for not sharing the pessimism that we gentleman. As with all things, it is not who are committed to doing what is see on TV at night and read about in important what we say or think or ob- right against sometimes terrible situa- the paper in the morning. serve but what we do. Certainly, our tions, but they are doing what is right As I mentioned earlier, I left home action on supporting the men and and they are doing an absolutely fabu- with great concern, but I came back women in uniform and the citizens of lous job. The American people need to with immeasurable hope. If having Iraq rebuild their country, which I support them and need to support this faith in the power of democracy and think will pay dividends for genera- effort. So I thank the gentleman for the power of freedom and the capabili- tions to come, is very important. putting this together tonight. ties of our men and women in uniform

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.104 H30PT1 H9014 CONGRESSIONAL RECORD — HOUSE September 30, 2003 is a sin, I am guilty as charged. I only out of the draft and pay someone else orable exit. We do not want to leave wish that every American had the to go in their place. But, in general, the job half done. We have to make cer- same opportunity that we had that draft boards and drafts in cases of the tain that no other leader like Saddam went to Iraq. Because I know for a fact, war in Vietnam and Korea and so forth Hussein is ever able to take control of if they went there and they could see have ended up selecting large numbers Iraq. the real and the whole story of Iraq, of working family members. We want to encourage democracy as they would share our hope and our op- The greatest generation that cele- much as possible. The first step toward timism, and they would support a very brated winning World War II had many doing that is to share the decision- wise investment in the future of not components, class-wise, but the over- making with other nations and have only the Iraqi people, but of this entire whelming number of people who lost other nations get involved because world. their lives in World War II were also they know they can participate in the I would certainly encourage all of my people who were in working families. decision-making. They will then com- colleagues as Members of Congress to Working families are very special to mit troops and commit equipment and support the supplemental, because it is America. Working families have a other things. And, most of all, they a very wise investment. right to make a claim on America. And will be there to send a message to the f what concerns me, and the reason I am Iraqi population that Americans are here today, is that we do not seem to not trying to take over their country, AMERICAN WORKING FAMILIES understand the importance of working occupy their country, and control the BEAR THE BURDEN OF IRAQ families, the people who are in charge, tremendous oil fields that lie beneath BLUNDER the people who are in power continue that country. That would be one way The SPEAKER pro tempore (Mr. to treat working families as if they to say to working families, we care BURGESS). Under the Speaker’s an- were expendable, that they are not im- about the troops, we care about your nounced policy of January 7, 2003, the portant. son and daughter. We are going to gentleman from New York (Mr. OWENS) We heard some discussion of the wel- make that effort. is recognized for 60 minutes as the des- fare bill before today. It was technical, With regard to the United Nations, ignee of the minority leader. and it was probably difficult to under- this administration has only offered a Mr. OWENS. Mr. Speaker, we are all stand, but that is one of the greatest cold shoulder, despite the difficulty glad that Saddam Hussein has been de- harassments of working families you that we are in. We are not moving to throned. It is better for the world. It is are going to find, the present welfare try to convince the rest of the world better for Iraq. But the cost is too legislation, which provides a family of that we are ready to share decision- great and has been too great in dollars, four is given a subsidy of $6,000 or $7,000 making with Iraq. We are ready to go and we now are considering another $87 per year, while at the same time we some extra lengths, swallow our pride, billion. We have already invested more give subsides to agribusiness of more do some things we said we would never than $70 billion. The regular defense than $250,000 per year. One more treat- do, put away our anger, and do what budget is also enormous, and that has ment, one more example of the treat- will promote a solution, the fastest been expended, and there is no end in ment of working families. possible solution in Iraq. That is what sight. We will have more requests for We need to take a hard look at this we can do for our troops. They deserve more money. war in Iraq and what it is doing to us. it. The cost has been too great. We have We need to stop the war for many rea- There are some other direct benefits not achieved any greater amount of se- sons. We need to stop the war because that the sons and daughters of working curity from terrorism. In fact, we are it is absorbing large amounts of cash families over there deserve. They de- less secure from terrorism now than we that can be used for other purposes, for serve adequate equipment and they de- were before we invaded Iraq. We have purposes that we need here at home to serve troops, a troop contingent, been forced to concentrate all of our improve our economy and to improve enough troops to make it safer for energies, all of our priorities, our best the lot of all of us, including the lot of them. There are not enough troops in minds, everything has been con- working families. Iraq. They are not adequately centrated in Iraq, ignoring the threat This great Nation’s survival and its equipped. in Afghanistan and the borders of Paki- freedom are directly dependent on the We heard some speeches before from stan. courage and the devotion of men and some visitors who went over. I found The overwhelming burden of the Iraq women from working families. The them very interesting. JOHN MURTHA, blunder, however, has been placed on blunder has been committed already. who has been on the Committee on the backs of working families. The ac- We are mired in a deep pit. We cannot Armed Services for two decades, made tual troops out there are from working leave now. The sons and daughters of the same trip, came back and was in- families. We all support our troops. We working families must remain on the censed and angered by the fact that the all want to do whatever is necessary to dangerous front lines. But at least we morale was so low and obvious needs in make certain that those troops come could support those troops in a better equipment and supplies were not being home. We want to do whatever is nec- manner, not in the current superficial met. And he immediately demanded essary to support them to guarantee manner being mouthed by so many that the President fire the people who that they have a chance to come home. while at the same time they undercut were in charge of the war in Iraq. The overwhelming burden of the Iraq our troops. JOHN MURTHA, the gentleman from blunder, however, should not remain on We need to understand that in very Pennsylvania, who has long experience the backs of working families. Mis- concrete ways, we are betraying the in the Committee on Armed Services, management should not cause more troops in Iraq who are from working saw an outrageous performance in unnecessary suffering and more death families. The kinds of programs that terms of the leadership who planned among working families, relatives of have been promulgated by the Repub- and executed the war in Iraq. people who are from working families. lican leadership are outrageous. Patri- Rotation rights have been sort of dis- The New York Times documented otic and meaningful support means missed. Even in the war in Vietnam, what we all knew already, that more that we must address some of the fol- there was a right of a soldier not to be than 90 percent of the members of the lowing issues, and we must do it imme- placed at risk for more than a year. A military are from working families. diately: year in combat, placing your life at More than 90 percent of the people in The conflict must be better managed risk, was all that was demanded. You Iraq are from working families. This is so that there is multinational partici- could rotate out of Vietnam after a true for the war in Iraq, as it has been pation in the decision-making and a year. Those rights have not been guar- true for most other wars. clear exit strategy to bring these anteed to the people in Iraq, soldiers, American troops home. The best we regular soldiers or Reservists. b 2145 can do for our troops, the most impor- The worst thing is the people who are We know in the Civil War, the people tant thing we can do for them, is to in the Reserves, who thought they were who had money could buy their way bring them home. It has to be an hon- going for a 6-month stint, have now

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.106 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9015 had their time extended. Worse still for was not called upon to do any more lies should not have to bear these kind the people in the Reserves there is no than they would have done if there had of burdens. This is a legislative atroc- economic justice. People in the Re- been no war in Iraq. I find that atro- ity. serves gave up jobs. They were not ca- cious. I find the behavior of this Con- Madam Speaker, I submit this article reer people. Yes, they signed up, and gress under the Republican majority in its entirety into the record. It is en- they knew that they would have to go leadership to be atrocious. titled ‘‘Pay Gap Remedy for Military in case of an emergency, but they were More important, in another out- Reserve Appears Doomed,’’ in the not career military people. And they rageous observation, however, were ob- Washington Post, Monday, September did not want to give up their income jections from the Defense Department, 29th. and their jobs, leave their families in- which argued that making up dif- [From the Washington Post, Sept. 29, 2003] definitely, but they had to do that. ferences in pay for civil service em- PAY-GAP REMEDY FOR MILITARY RESERVES They were forced to do that. ployees would undercut military mo- APPEARS DOOMED We have behaved so abominably to- rale. You have two sergeants, one a ca- (By Stephen Barr) ward those working families that a reer military and one a Reservist doing A proposal to close any pay gap faced by Washington Post article of yesterday the same job. And essentially the gov- civil service employees who are called to ac- describes it as unacceptable, almost ernment is paying the civilian em- tive duty in the military reserves will not be atrocious. It is a legislative atrocity ployee more for that service than the considered by House and Senate negotiators that they described. I am going to read career military guy. That is the heart working on the fiscal 2004 defense authoriza- from this article in which the Wash- of the Defense Department objection. tion bill, according to congressional aides. Most lawmakers feel that the issue was ington Post described what is being Listen to that carefully. It would un- evaluated by the House Armed Services done to Reservists in this war in Iraq. dercut military morale to have a cit- Committee during its deliberations and is ‘‘A proposal to close any pay gap faced izen who was earning an income at a now closed, the aides said. by civil service employees who are certain level from the Federal Govern- The proposal, pushed by a group of House called to active duty in the military re- ment, who was there against his will, Democrats, ran into opposition because of its serves will not be considered by the he did it out of duty, has been shipped cost, as well as concern that it might cause House and Senate negotiators working to Iraq, and he is in units along with morale problems among regular military troops. on the fiscal 2004 Defense authorization career military people. In May, the House Government Reform bill.’’ Now, if you are a career military per- Committee approved an amendment spon- Now, this brings it home to us. We son, you know what the pay scale is. sored by Reps. Tom Lantos (D–Calif.) and mouth our concern about supporting You have accepted the pay scale. Your Chris Bell (D–Tex.) aimed at requiring fed- the troops and here is an example of family is probably getting some bene- eral agencies to make up the difference be- how little we are supporting the fits that the civil servant family is not tween civil service and military pay for troops, especially the Reservists, how getting. There are a number of ways in those on military duty. The provision was we hold them in contempt really. which a career person has adapted to a one of several civil service changes proposed ‘‘In May the House Government Re- for the Defense Department and forwarded to situation that they voluntarily went the Armed Services Committee. form Committee approved an amend- into. But the Reservist, who happened But the provision was dropped when the ment sponsored by Representatives to have been a civil service employee Armed Services panel put together the House Tom Lantos and Chris Bell aimed at re- for the Federal Government, has to version of the defense authorization bill, quiring Federal agencies to make up hear that he would undercut morale if which sets out guidelines for weapons and the difference between civil service and the government paid him at the same equipment purchases, military benefits and military pay for those on military rate that they were always paying him. troop strength. duty.’’ The provision was one of several About 200 private sector employers, The Lantos-Bell amendment stalled be- cause of its cost—$160 million over five civil service changes but, hear me care- however, and 50 State and local govern- years, including $75 million in fiscal 2004— fully, a civil servant working for the ments make up the difference in pay and because it could have triggered jurisdic- Federal Government, who happens to for their worker. Listen carefully: The tional questions that would have given the be in the military Reserves, goes to Federal Government, the men and Government Reform Committee a voice in Iraq; he is paid at the same rate as any women in charge of the blunder in Iraq, shaping the defense bill, a congressional aide other soldier, but he left a job that was who created a situation requiring all said. paying far more. He left a family that these Reservists to go, they are doing More important, however, were objections less than 200 private sector employers, from the Defense Department, which argued had been nurtured on an income of that making up differences in pay for civil more. 50 State and local governments, which service employees would undercut military If the Federal Government still had now make up the difference in pay for morale. ‘‘You have two sergeants, one a ca- him on the payroll, it would cost them their workers when the workers are reer military and one a reservist, doing the a certain amount of money. If they forced to serve as Reservists. same job. And essentially the government is continue to pay him at the same rate, This is outrageous. It falls right at paying the civilian employee more for that it does not cost them any more money, the doorstep of us Members of Congress service than the career military guy—that is it just keeps him at the same rate and Members of the other body. About the heart of the Defense Department objec- while he is off doing his duty for his 65,000 Reservists are employed by Fed- tion,’’ the congressional aide said. A Pentagon spokeswoman said there would country under very difficult cir- eral agencies. Mr. Speaker, 65,000 is a be no comment on the issue. cumstances. But they did not agree to large number that we are depriving of Supporters of the Lantos-Bell effort argue that. income, we are depriving those work- that National Guard and reserve families are ‘‘The provision was dropped when the ing families of their income at a cer- increasingly at risk of financial hardship be- Armed Services panel put together the tain level, forcing them to accept the cause reservists are being called up more fre- House version of the defense authoriza- pay of the military service that they quently since the Sept. 11, 2001, terrorist at- tion bill. That version sets out guide- are in. Sixty-five thousand Reservists tacks. The Army recently issued a policy re- lines for weapons and equipment pur- are employed by Federal agencies mak- quiring Guard and reserve troops to serve 12- month tours in Iraq, meaning that most poses and for troop strength. The Lan- ing the government the single largest Army reservists will be mobilized for more tos bill amendment stalled because of employer of Reservists. An additional than a year. its cost: $160 million over 5 years in- 48,000 Federal technicians are required, About 200 private-sector employers and 50 cluding $75 million in fiscal 2004.’’ they do not have a choice, to be mem- state and local governments make up the dif- Hear me carefully: It would have cost bers of the Guard as a condition of em- ference in pay for their workers and the fed- the government, the Federal Govern- ployment. eral government should serve as an example ment, $160 million over 5 years, includ- So we have a huge contingent of citi- of the importance of assisting reservists, an ing $75 million in fiscal 2004. But if zens, who happen to be Federal employ- aide to Lantos said. But other congressional aides said the issue needs more study. It those same people had remained in ees, who are treated like dirt. Our gov- might be more appropriate to use pay supple- their jobs, they would have been paid ernment, our Federal Government ments to offset income loss for specific occu- the $160 million over 5 years and $75 treats this huge number of people and pations or individuals rather than to take a million. And the Federal Government their families like dirt. Working fami- blanket approach, they said.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.107 H30PT1 H9016 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Recent studies indicate that between 30 Madam Speaker, at this time I would 1,000 schools in this war. They want to percent and 40 percent of activated reservists be glad to yield to the gentleman from build two 400-bed hospitals in Iraq. We face a loss of income during mobilization. Ohio (Mr. STRICKLAND). did not destroy hospitals during this About 65,000 reservists are employed by Mr. STRICKLAND. Madam Speaker, war. Talk about nation building. This federal agencies, making the government the single-largest employer of reservists. An ad- I thank my friend from New York for President, during the campaign, criti- ditional 48,000 federal technicians are re- yielding to me. cized efforts to nation-build. And as I quired to be members of the Guard as a con- I noted earlier that many of our col- said earlier when I started my com- dition of employment. leagues had gone to Iraq over the week- ments, we are a compassionate Nation. The Office of Personnel Management has end, and they came back and described We care about the needs that exist in called on federal agencies to shoulder the their experiences. I went to south- other countries. We care about the peo- cost of health insurance premiums for em- eastern Ohio over the weekend, and I ple in Iraq, but we are charged pri- ployees called to active duty. At last count, talked to people in Shady Side, Ohio marily to represent our constituents about 80 out of more than 100 federal agen- and in Bel Air, Ohio, and Youngstown, right here at home. cies had agreed to pick up the premiums. Ohio, and I heard about infrastructure I want to state, I do not know if Madam Speaker, just treatment for needs in Ohio. I heard about schools many of my colleagues or the Presi- working families left behind ought to that need to be built. I heard about dent understand what life is like in be a major goal of a government that water and sewer systems that small southern and southeastern Ohio. It is has asked people to go and fight in Af- communities simply cannot afford to an Appalachian district. Unemploy- ghanistan or in Iraq. Just treatment pay for. And I talked with teachers and ment in one of my counties is 13.5 per- for working families left behind. What principals, talked with about three or cent. People want to work. They are is involved in just treatment? I serve four high school classes over this last 4 good people. They want to care for as the ranking Democrat on the Sub- or 5 days while I was in Ohio. their families. They care about their committee on Workforce Protections We are a compassionate people, I kids as much as any Member in this of the Committee on Education and the would say to my friend from New York. Chamber cares about his or her chil- Workforce. And I am on that com- We are compassionate. We care about dren. They want them to get a high- mittee which has jurisdiction over the other people, but we also care about quality education as much as any per- minimum wage, over the Wage and the people that we are charged to rep- son in this Chamber wants their chil- Hour Act, and other safety programs resent. And in my district, I have got dren to get a high-quality education. related to persons in the workforce. We so many needs. If I can just take a moment before I have had constant harassment since I found out this past weekend that in yield back to talk about veterans. I am the Republican majority took control one of my communities there is the on the Committee on Veterans’ Affairs. of the Congress on all of these fronts. great danger that we are going to lose I keep reminding us in this Chamber an additional 275 good-paying jobs, that we are underfunding the VA b 2200 union jobs, steelworker jobs. This real- health care system by at least $1.8 bil- On the minimum wage, we are still at ly concerns me. I think there is a lion. Think about that. We have got $5.15 an hour. In the last 3 years, the bleeding of jobs in this country. veterans who are going without health Republican majority has refused to I looked at the headlines in the Co- care, who are being denied the ability allow us to bring a bill to the floor to lumbus, Ohio Dispatch this morning. to enroll in VA health care, who are increase the minimum wage. That is Iraq Battle Last 8 Hours and then One going to be asked by this administra- what we think of working families that in Six Uninsured, this U.S. report says. tion to pay more copayments for pre- we send off to war in times of war. Unemployment is skyrocketing in my scription drugs. The President wants to They go. They die. They fight. They district and throughout Ohio. More and impose a $250 enrollment fee on Pri- get wounded. They are the backbone of more of our constituents are without ority 7 veterans. And Priority 8 vet- the security for America. But we do health insurance. Our schools are being erans are being told they cannot even not want to increase the minimum inadequately funded. enroll in the VA system. They can wage beyond $5.15 an hour. We have had I toured a school in my district, I make as little as $24,000 and be a Pri- constant harassment on overtime pay would say to my friend from New York, ority 8 veteran, and yet we are just, it and recently that was sort of intensi- not long ago; and after that tour was seems, almost casually talking about fied. But they do not want to pay peo- completed, one of the parents on that spending $21 billion to build schools ple cash for overtime. They want tour came to me and he said, Congress- and roads and bridges and clinics and changes in law, so that employers can man, I have two children who attend hospitals in Iraq. I just do not under- pay you comp time if they so choose. It this school. I had no idea it was in this stand what is wrong with this govern- is not your choice. It is their choice. condition. He said, I am a building in- ment. I certainly do not understand Comp time, taking the cash out of your spector, and if I were inspecting any what is wrong with this President and pay check and food off your table, but other commercial building that had the this administration. offering you comp time at some future problems this school has, I would close We have got a war going on. We are date they choose. it immediately. He said, I saw at least shortchanging our national needs. We They pushed that very hard. And 100 safety violations in this school. And are not caring for our soldiers. We have even now, although we stopped it in he said, there are violations that can- got about 40,000 soldiers in Iraq tonight the Congress by executive fiat, the law not be easily fixed because this school that have cheap vests that are not ca- is being changed to eliminate certain has been added on to. It has been pable of stopping bullets. The more ex- categories of people as being eligible patched together over multiple years. pensive protective vests, my under- for overtime. Why is it that we seem so willing to standing is, cost $571 on average. I got A jobs program is not in sight. Unem- accept the fact that our kids can go to a letter from a young soldier, a West ployment goes galloping on, and we do dilapidated schools, our people can be Point graduate. He said, Congressman, not have a jobs program. without health insurance, our roads they are issuing two kind of vests over Health care, the papers all reported can be unbuilt, our veterans can be here. One is capable of stopping a bul- yesterday or today that the number of shortchanged in the health care we let, and the other only stops shrapnel. people who are uninsured in America provide to them, and yet we seem so My men are asking me why they have has jumped dramatically, gone up. willing, almost casual in talking about the cheap vests. Those are working families that are billions of dollars for the rebuilding of I wonder how many of our soldiers uninsured. Iraq? may have been wounded or killed wear- Poverty, three or four days ago, it I might say to my friend from New ing a cheap vest, inadequate protective was reported that poverty has greatly York, it is not the rebuilding of Iraq. It body armor. And the British Broad- increased. These are the families from is the building of Iraq. The President casting System has reported that we which these soldiers come. These are said when he addressed the United Na- have made a deal with some of these the families that supply the troops out tions that he intends to build 1,000 new other countries, I think Poland and there that we say we care about. schools in Iraq. We did not destroy some other countries, that if they will

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.050 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9017 contribute soldiers, we will provide the world. Instead of unknown soldiers been the economic guru of Democrats them with these higher-cost vests. I in a tomb, they have put the names of and Republicans for a long time. Did want to make doggone sure that no for- every soldier who died in Vietnam on you know that Alan Greenspan thinks eign troops get these better vests be- the wall for you to see. They have that we should not even have a min- fore every single American soldier that given those individuals a person. They imum wage law? Part of the reason we is in Iraq has access to one of these are there. And you must confront the cannot get a minimum wage law to the protective garments. fact that wars take individual humans floor is we have the guru of our eco- I thank my friend for allowing me to in large numbers, in the case of Viet- nomic system saying we do not need a express my opinion on this subject, and nam, 58,000, but regardless of numbers, minimum wage law. This is out- I yield back to him and thank him for the individualization of a process, the rageous. his graciousness this evening. Vietnam Memorial Wall does that. Alan Greenspan happens to be a dis- Mr. OWENS. Madam Speaker, I The poor are up there. The young- ciple of Ayn Rand, a woman who was a thank the gentleman and I would like sters who came from welfare families. great individualist, who felt that gov- to add to that discussion on veterans. The numerous youngsters who came ernment was not needed, group action Most of us in the House of Represent- out of the big cities because when the was not needed except in times of war atives were shocked 3 weeks ago to dis- draft was on, the largest proportion of or when you need the police. So when cover that there was a provision where young men who went to Vietnam came her physical body was threatened, she veterans who go to the hospital must out of our big city slums. We must stop believed in the group process, we pay for their food, their meals. And we and think for a moment about the way should have police, we should have an immediately passed legislation to end those soldiers and everybody who was Army. Any other time, individuals that. I do not know whether it has been enlisted are treated in terms of the should be totally left alone; and if they signed by the President yet or not. It is technicalities and administrative re- cannot make it, let them die. So that just one more administrative atrocity. quirements of the veterans administra- man is a disciple of Ayn Rand, Alan I use the word atrocity, and I think it tion. Greenspan. He is one of the reasons we is appropriate. It is an atrocity to have They have categories, Category 7, 8, cannot move. Philosophically, there veterans treated as they are. Some of people who served in combat under are too many people in Washington my friends earlier are talking about great risk are given preference. They who agree that minimum wage laws ‘‘you have to go to Iraq to know ex- are different from others. But I say are not important. actly what is happening.’’ that anybody who has served in the Examine the tax cuts of that situa- I suggest to those who want to know military for the benefit of his country tion in terms of what happened at the what is happening, go to Walter Reed deserves equal treatment, because once New York Stock Exchange. The New Hospital and visit the wounded. The you put the uniform on and you take York Stock Exchange has a big brou- wounded also suffer. And in many cases the oath, your life belongs to the mili- haha because the man who headed the those are wounded one week, and in a tary, to the Nation. And where you go stock exchange, Dick Grasso, had a few weeks are dead. You can get a good and what you do is determined by severance package of $140 million and example of what is going on if you look forces that you have no control over. he wanted another 48; and they made a at veterans who, the minute they are big brouhaha, and headlines were b 2215 off the roster of the Army, they will formed about how dare he ask for an- get no pay. They will be put on dis- If you were needed behind the lines other $48 million. Well, what about the ability. Some have totally lost every- to catalog munitions or run a com- first $140 million? These astronomical thing in terms of limbs or the capacity puter, then you were assigned there be- amounts of money are being tossed to work. They were put on disability, cause you were needed there. The fact around by the people who belong to the which is a far cry from the salary they that you were not put on the front line kleptocracy. At the time I call them earned as a soldier. does not make you any less than the kleptocracy, call them oligarchy, So my simple plea is that working people who were put on the front lines, whatever you want to call them. They families who fight for the security and because you could not make that deci- are the ones who want a tax cut. They peace abroad deserve survivable and sion. do not need a tax cut. It is obscene the living wages and a reasonable chance So everybody who put a uniform on kinds of figures that we have heard to pursue happiness here at home. We and took the oath should be treated as that corporations throw around among are investing tremendous amounts of a hero. They are a small percentage of themselves, Enron, WorldCom. The money in the rebuilding of Iraq in the the rest of us. Even in World War II head of WorldCom, one of the directors Armed Forces, and we are neglecting when such large numbers went to war, got a $400 million loan from the com- the needs of our own people in cata- the percentage of those who actually pany, $400 million. Can you imagine a strophic proportions. went to war was still a small percent- loan of $400 million? Surely if you get On March 3, I summarized my con- age of the overall population. They de- a $400 million loan, it is understood by cern with the waste of American cash serve to be treated as heroes. Those those who loan it to you that you are in a rap poem which I call Stop The who went to Vietnam deserve to be never going to pay it back. War—We Need The Cash. treated as heroes, regardless of how But this goes on, and these are the Stop the war, we need the cash. many hours they spent in combat people who will show great indignation Tank battles escalate into nuclear ash. under fire. They were all heroes. They if a welfare mother gets extra food Stop the war. come from working families, as I said stamps. This is the kind of mental atti- We need the cash. before, most of them; and this classi- tude that we have allowed to develop. Give Medicaid families some of Rumsfeld’s fication scheme, these technicalities The workers who are on the front stash. about how much copayment you have lines in Iraq, Afghanistan and every- Throw the empty body bags in to the trash. to pay if you are a Category 8 versus where else have to know they have to Stop the war. Category 7, whether you are eligible at Welfare mothers rush to cry. come forward and fight, fight this kind Soldiers from the ranks of the poor will be all is part of the insult that working of oppression. the first to die. families have been forced to endure; On Wednesday, July 16, as a result of Stop the war. and we should fight against it. my anger following the attempt to stop Vietnam had profound lessons to teach. Righteous indignation is in order. the payment of overtime to workers, I Empires lose when they overreach. The treatment of working families in wrote the following and enter it into Stop the war. America is an outrageous abomination the CONGRESSIONAL RECORD: One of the greatest monuments re- and we should fight. We fight on the ‘‘Mr. Speaker, the July 10th vote to lated to heroes is the Vietnam War Me- front lines, and we die on the front allow the expenditure of funds to im- morial monument here in Washington. lines. We should fight our government. plement radical changes in the over- That monument makes a statement We should fight Alan Greenspan. time provisions of the Wage and Hour that has never been made by any other Alan Greenspan is against the min- Act was an outrageous and devastating military monument in the history in imum wage law. Alan Greenspan has attack on working families.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.111 H30PT1 H9018 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Compounding the horror of this action Each child a precious prize; World War II. We placed a tax on the is the recent announcement that our We got American property rights, profits of corporations. Let a tax be present complement of soldiers in Iraq, Before our children die in war placed on the profits of corporations to 90 percent of whom come from working This time we’ll choose the fights. pay for the war so that no money is families, will be forced into combat Let the rich go first: They worry about taken out of the other revenue that overtime for the indefinite future.’’ The overtime we abuse; comes in and there is no threat to the At the same time we were fighting The battlefields they always choose domestic budget from the war budget. overtime payment for workers here, we Their estates have the most to lose. That is not a radical idea. We have were announcing, the President was Let the rich go first! done it before. Let us consider it now announcing, Rumsfeld was announcing I have stated a divine right of par- and do it now. that they would be extending the time ents that nobody’s ever bothered to I also had another act which was a of the soldiers indefinitely. talk about. We assume that the govern- twin for that, and this is called the ‘‘Not even the 1-year rotation rule of ment, like the kings and the queens of Emergency Targeted Revenue Sharing Vietnam will be applied to relieve their old, have the right to conscript in a Act of 2003, H.R. 2335, and that is a sim- long ordeal under extreme heat and time of war and take their sons and ple act which says that we should guerilla warfare duress. Overtime in daughters. Why do we not have a move- spend the same amount of money in the dangerous defense of the Nation is ment which challenges that? Govern- the States and the cities on job cre- being mandated without controls while ments that do not bother to provide ation programs, education, health care, at the same time overtime wages to food, clothing and shelter for poor et cetera, that we spend in Iraq. The feed working families is being sub- youngsters have no right to later on gentleman from Oregon (Mr. DEFAZIO) jected to new schemes to reduce take- claim their lives in wars that they had says $20 billion, I said $9 billion was at home pay. This is an unacceptable con- no decision-making power to start or the time the amount we were proposing tinuation of the gross exploitation and stop. for the war in Iraq. oppression of working families by the It comes down to a class warfare. The principle is pretty clear, as my Republican scrooges who presently There is class warfare in America. The colleague from Ohio stated. We are suf- dominate the Congress and the White rich have declared war. The powerful fering greatly in our cities and our House.’’ towns. Our schools are suffering. Peo- I summarize my statement in a rap have declared war on the poor. The poor do not fight back. They do not ple are being laid off. Terrible things poem, which is called ‘‘Let the Rich Go are happening in terms of taxes being First.’’ know that they are being constantly abused. It is time we took a hard look raised on ordinary local people. At the Working Families at how much they are abused in times same time, the Federal Government is Keep your soldiers at home, of war. Like the blunder in Iraq, it is a cutting income tax for the richest peo- For overtime in Iraq ple, for the Dick Grassos who earn $140 No cash life and death matter. They are going to die if they do not fight back. million and want another $40 million. No comp time They are getting tax cuts for the Not even gratitude, America is a promised land, and Republicans intrude America’s promised land is being gross- WorldCom president who can borrow To exempt all heroes, ly mismanaged. We are as a promised $400 million. He is getting a tax cut. No combat rotation land as man can ever get, human kind For all the Enron criminals who squan- Life on definite probation will ever get. We have the greatest po- dered large amounts of money, they Scrooges running the Nation. tential of anything that ever existed on are getting tax cuts. But for those who To the front lines are out there searching for jobs, they Let the rich go first— the face of the Earth. While managing a society that provides justice for all are sinking in a quagmire of poverty. For blood they got a thirst, The report that came out a few days provides the right to pursue happiness Let the superstars drink it ago said poverty is increasing. The In the glorious trenches; and the opportunity to pursue happi- number of people who are uninsured is Leave the disadvantaged on the benches. ness for all. That is possible in Amer- increasing. It is not surprising, they Working Families ica, but America’s promise is being are both very much related. Let the rich go first: grossly mismanaged by this Republican The battlegrounds they always choose We want to support the troops. The administration. The war in Iraq is the Their estates have the most to lose; first way we can support them is to Send highest IQs to most dangerous mismanagement this support their families. We should man- Take positions at the front, country has ever experienced. age the war and the economy better, Preoccupation with $87 billion for the Let them perform their best manage the war and the economy bet- war dooms any realistic effort to revive High-tech warfare stunt; ter. Working Families the economy. There are alternatives, The team now in charge is not capa- Keep your malnourished sons home— but this mismanagement team will Harvard Yale kids should roam ble of managing better. I have here an never consider those alternatives. advertisement that appeared in the The world with guns and tanks, There was a bill offered by a friend of New York Times last Friday. It is a Reserve gold medals mine, the gentleman from Oregon (Mr. For the loyal Ivy League ranks. big, full page advertisement that reads: DEFAZIO), which says if we are going to O say can you see ‘‘Donald Rumsfeld betrayed my son spend 20-some billion dollars in Iraq to Millionaire graduates and our Nation; it is time for him to rebuild Iraq, then let us spend an equal Dying for you and me? go.’’ It is written by a person who has amount in the cities and the States to Welfare Moms three sons in the military, three sons Have a message for the masters: improve our economy. That is a good in the military. Two of them are in Tell Uncle Sam idea. There are other good ideas along Iraq. His TANF pennies he can keep those lines that have been offered. For food stamps we refuse to leap I think several months ago I offered b 2230 Through your hoops like beasts; a bill called the Domestic Budget Pro- Promise to leave our soldiers alone His name is Larry Syverson of Rich- And we’ll find our own feasts. tection Act, H.R. 1804. The essence of mond, Virginia. I am going to read it To Uncle Sam we offer a bargain— the Domestic Budget Protection Act is all and submit it for the RECORD. Don’t throw us dirty crumbs we should have a situation where the ‘‘I am a patriotic American with Don’t treat us like bums domestic budget, the budget for edu- three sons in the military, two serving And then demand cation, for highways and schools, and in Iraq. Brandon is a master gunner The full measure of devotion; the budget for health care is not in the near Tikrit. Bryce is a gunner sta- Our minds are now in motion same category with the budget for the tioned in Baghdad. I’m proud of their Class warfare war. Let the war pay for itself in some Is not such a bad notion; service, but I’m angry with those who Your swindle will not last other way, and H.R. 1804 says that we have led us into what can only be Recruiters we won’t let pass, should pay for it the way we paid for called a quagmire. Finally, we opened our eyes— part of the Vietnam War and part of ‘‘Donald Rumsfeld had day-to-day au- Each family is a private enterprise. the Korean War and to some extent thority for planning the war and its

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.112 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9019 aftermath. He was the chief architect, Osama bin Laden, who was there at the waiting for those others to come from and it is his house of cards that is tum- time, the modernization of that group other nations, who might show up and bling today. Months after the Presi- led them to the point where they were they might not. dent declared ‘mission accomplished,’ able to drive the Soviet Union out of We must understand the degree of Americans are being killed almost Afghanistan. Stinger missiles were sup- the mismanagement. Robert McNa- daily. On April 13, Rumsfeld said: plied in tremendous numbers through mara was a genius, but he got caught ‘Every hour that goes by, it’s getting the efforts of Charlie Wilson. It is up in a situation in Vietnam which better and more peaceful and more or- something everyone should read. But drove him to ignore all of his common derly in Iraq.’ did Rumsfeld not read it? sense and all of his genius. Lyndon ‘‘We know that is not true. Rums- Westmoreland, in Vietnam, kept of- Johnson was a political genius, but ego feld’s bad planning has left our troops fering optimistic reports and blowing and the belief that America must never poorly equipped and vulnerable in an up the body bag numbers for the allow itself to be defeated led to a increasingly hostile environment, and enemy. Did he not read about that? quagmire in Vietnam. Fifty-eight thou- Americans are being asked for an addi- Later, we found it was not true. The sand died in Vietnam. tional $87 billion for Iraq. We now number of enemy that General West- The numbers are much smaller in know that the President and those who moreland claimed were being killed in Iraq, but every life is sacred. And if we serve him misled us about weapons of Vietnam was far less than were being do not move now in a decisive way, the mass destruction, about Saddam’s sup- killed. Therefore, it threw off all our numbers will go up, and every soldier posed nuclear program, about a link calculations, and the North Viet- killed will have died in vain. I do not between Saddam and September 11. namese were later to mount a tremen- think this blunder in Iraq is worth a ‘‘I’m in awe at the courage of my dous counterattack, and we had to single American life, and since we are sons and the honorable service they scramble to get out of Saigon. Did no there, we could not avoid being there, give, but the leaders they serve have one read that? let us try to limit the number of lives not acted honorably. They have failed Does anybody remember the Tet of- that are being lost. my sons. They have failed all of us. At fensive, the Tet offensive in Saigon? At So I say to the working families of the very least, Secretary Donald Rums- a time when President Johnson said we America and the people who care about feld must go.’’ were winning the war, the Vietnamese all of Americans, who care about our Now this is an ad that appeared in guerrillas, with the help of North Viet- troops who are out there suffering, The New York Times and is paid for by nam, launched a massive weekend gue- really care about the troops and not MoveOn.org that says we can win with- rilla attack which shattered once and just waving flags but refuse to provide out war. for all any hope that we could ever win the kind of support the troops need, as We have a situation where very high- the war in Vietnam. It was called the veterans, as soldiers out there who powered leaders with very high-pow- Tet offensive. In the environment of need flack jackets at work, and there ered advice, almost unlimited funds to Iraq it will be easy to mount a Tet Of- are a number of things going on which pay for the personnel to do the plan- fensive type operation. They have al- are detrimental to our troops in the ning, have placed us in a situation ready started down that road. field and certainly affect their morale which is a quagmire. There is an over- The guerilla attacks are getting when they look back home and see whelming blunder that has taken place more intense in Iraq. There was an 8- their families being treated like dirt, I in Iraq. Did we not know about the di- hour firefight yesterday, an 8-hour fire- say to all those people who are watch- lemma of Robert McNamara in Viet- fight with the guerrillas yesterday. ing this to not give up. nam? Were the people who did this not This is not a hit-and-run suicide bomb- Now is the time for us to come for- able to read? Did they not see the clip- er situation. They are moving into ward and place ourselves on the front pings and the media representations other levels. lines for the defense of America. The about the war in Chechnya, the Rus- Now, should we cut and run? That is greatest Americans are the Americans sians trying to contain a very small not my proposal. I propose that we im- who want peace. The greatest Ameri- population, compared to the 24 million mediately move as rapidly as possible cans are the Americans who will tell population of Iraq? Did we not see that to create a situation which will head the truth and who will fight the myths and understand what that was all off the support for these guerrillas. The that are endangering our security. It is about? Did we not understand what way to do that is to be able to get help a myth that Iraq is a center for fight- happened to the Soviet Union in Af- from other nations. Let it be known ing terrorism. That is a myth. We have ghanistan? Did we think the Soviet clearly that we are not oppressors, we said it is a center, but it is only a quag- Union was driven out of Afghanistan are not occupiers, we do not intend to mire, a trap, an ambush. The real cen- because we supplied the Taliban, the al stay there. We need to get help from ter is still wherever Osama bin Laden Qaeda at that time, the Mujahadeen? other nations, move rapidly to estab- and his network is located, and that We supplied them with modern weap- lish a constitution for Iraq, and while network is still our greatest threat in ons. We supplied them with training. we are doing that, send in more troops. terms of our security. That is a myth. We spent billions of dollars that were We cannot play games the way we We should fight that myth. never recorded in Afghanistan to defeat are playing now, pretending we do not We should fight the myth that the the Soviets. need more troops. The way to stop the United Nations has nothing to offer; I invite anybody who would like to guerrillas is to have more troops. The that France, with its French fries and hear more about that to read a book way to stop the sabotage of the oil American fries, does not deserve to be called Charlie Wilson’s War. Charlie wells, the way to stop the sabotage of a decisionmaker in this situation; that Wilson’s War has gotten very little the water systems, the way to stop the Russia only wants to get involved be- publicity in terms of what it deserves. sabotage of the electricity systems is cause it wants to get the money back Charlie Wilson’s War is a story of a to have more troops to guard them. for its contracts; that Iraq cannot pay Congressman named Charlie Wilson You cannot escape the need for more for its own reconstruction. That is the from Texas. He is still alive. He was an troops on a short-term basis. biggest myth. Iraq has oil fields be- amazing character and should be given Naturally, Mr. Rumsfeld does not neath the surface that can pay for any some kind of medal for being the Mem- want to be in a position of exposing reconstruction they need to take. The ber of Congress who controlled and ma- that his calculations were all wrong. problem is that many of the people in- nipulated billions and billions of dol- God forbid he should become a person volved in this war are trying to secure lars. He has the record for what he con- who has to call for a draft. But he puts the oil of Iraq for the oil barons and trolled and manipulated, using the CIA our soldiers in harm’s way by playing the companies that already are in- and other mechanisms to get money such games, by not agreeing with the volved. They want theirs off the top. into Pakistan to be used against the generals who are afraid to say so in They do not want an agreement which Russians in the war in Afghanistan. public but they tell us behind the says Iraq should pay its own way be- Eventually, the modernizing of the scenes they need more troops. We need cause they have plans to take their Mujahadeen and the Taliban, including more American troops while we are commissions off the top.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.114 H30PT1 H9020 CONGRESSIONAL RECORD — HOUSE September 30, 2003 There was a time when the Middle COMMUNICATION FROM THE 1. INTENT OF THE PARTIES East oil flowed out of the Middle East CLERK OF THE HOUSE a. The Secretary of State and the Sec- and each country only got 12 cents on The SPEAKER pro tempore laid be- retary of Homeland Security will work coop- eratively to create and maintain an effec- the barrel. The rest of it flowed to fore the House the following commu- Great Britain or France or some other tive, efficient visa process that secures nication from the Clerk of the House of America’s borders from external threats and country, the dollars. They want to go Representatives: ensures that our borders remain open to le- back to that. They do not want to OFFICE OF THE CLERK, gitimate travel to the United States. Such admit that Iraq can pay for its own re- HOUSE OF REPRESENTATIVES, travel is important to our international, eco- construction. We can set up a situation Washington, DC, September 29, 2003. nomic, and national values and interests. where they wait maybe 10 years, 20 Hon. J. DENNIS HASTERT, b. Accordingly, the Secretary of Homeland years. Who cares? Charge them low in- The Speaker, House of Representatives, Security will establish visa policy, review terest. They can pay for their own re- Washington, DC. implementation of that policy, and provide construction. DEAR MR. SPEAKER: Pursuant to the per- additional direction as provided by this mission granted in Clause 2(h) of Rule II of memorandum, while respecting the preroga- We need to come forward and be as the Rules of the U.S. House of Representa- tives of the Secretary of State to lead and fervent, as dedicated as the people who tives, I have the honor to transmit a sealed manage the consular corps and its functions, support Donald Rumsfeld. They have envelope received from the White House on to manage the visa process, and to execute fervor. They are bold. But they are September 29, 2003 at 12:35 p.m. and said to the foreign policy of the United States. The wrong. contain a message from the President where- Secretary of Homeland Security will rely by he submits a Memorandum of Under- upon the expertise of the Department of We need to be fanatics for peace. standing between the Department of State State with respect to foreign policy, and the We are citizens who ought to volunteer to do and the Department of Homeland Security Secretary of State will respect the expertise our part. Concerning Implementation of Section 428 of of the Department of Homeland Security Never mind looking for a military Purple the Homeland Security Act of 2002. concerning threats to American security. Heart. With best wishes, I am 2. VISA GUIDANCE We are fanatics for peace. Sincerely, Our holy assault must never cease. MARTHA C. MORRISON a. Definition. As used in this MOU, the The Constitution light still shines. (For Jeff Trandahl, Clerk). term ‘‘visa guidance’’ refers to regulations, Foreign Affairs Manual provisions (including We should launch spit into the fascist face. f Our maneuvers will launch the human race. all interpretive and procedural notes) and Pledge allegiance to the human race. MEMORANDUM OF UNDER- ALDACs (DOS cables to all diplomatic and Pledge allegiance to the civilization that our STANDING BETWEEN SECRE- consular posts) implementing the provisions children deserve. TARIES OF STATE AND HOME- of the Immigration and Nationality Act This is the cause we swear to serve. LAND SECURITY CONCERNING (INA) or other immigration and nationality Victory without blood in Ghandi’s name. laws pertaining to visas. IMPLEMENTATION OF SECTION b. Continuity of existing visa guidance. All Celebrate Mandela’s fame. 428 OF THE HOMELAND SECU- The spirit of Martin King again will reign. existing DOS visa guidance shall remain ef- Resist a government that has now gone in- RITY ACT OF 2002—MESSAGE fective unless and until superseded in ac- sane. FROM THE PRESIDENT OF THE cordance with this MOU. Commanders of abuses must face the Nurem- UNITED STATES (H. DOC. NO. 131) c. Issuance of visa guidance. (1) DOS may propose and issue visa guidance subject to berg nooses. The SPEAKER pro tempore laid be- We are fanatics for peace. DHS consultation and final approval as dis- fore the House the following message cussed below. DHS will have authority to Run and broadcast the brave news. from the President of the United Divine mobilization is what working families issue or approve (hereinafter ‘‘final responsi- should choose. States; which was read and, together bility over’’ visa guidance, except for those Surrender we unconditionally refuse. with the accompanying papers, referred matters that are the specific responsibility Our vision will not decrease. to the Committee on the Judiciary and of the Secretary of State as prescribed in Our passion will never cease. the Select Committee on Homeland Se- section 428 (c)(2) and (d)(2) of the Act, in ex- We are fanatics for peace. curity and ordered to be printed. isting statutes related to foreign policy or We are the greatest Americans. Message to the Congress of the United management of the visa process, in future We want peace. statutes, Presidential proclamations and ex- States: ecutive orders, and in paragraphs 3 and 10 of Madam Speaker, the article I re- Consistent with section 428(e)(8)(A) of this MOU. DHS will exercise its final respon- ferred to earlier is as follows: the Homeland Security Act of 2002 sibility over visa guidance subject to con- I’m a patriotic American with three sons (Public Law 107–296) (the ‘‘Act’’), I am sultation as discussed in paragraph 2d. in the military, two serving in Iraq. Branden pleased to report that the Secretary of d. Notice and consultation. is a master gunner near Tikrit. Bryce is a State and the Secretary of Homeland (1) DHS and DOS will provide notice to the gunner stationed in Baghdad. I’m proud of Security have completed a Memo- other when either determines that serious their service. But I’m angry with those who randum of Understanding concerning consideration should be given to develop- ment of new visa guidance. DHS will also have led us into what can only be called a implementation of section 428 of the quagmire. provide notice to DOS when it begins draft- Act. The Memorandum of Under- ing rules, policies or procedures affecting the Donald Rumsfeld had day-to-day authority standing will allow the Departments of visa process. Each will designate a point of for planning for the war and its aftermath. State and Homeland Security to work contact for this purpose who may or may not He was the chief architect and it is his house cooperatively to create and maintain be a liaison identified in paragraph 9a below. of cards that is tumbling today. Months an effective, efficient visa process that (2) DHS and DOS will each offer the other after the President declared, ‘‘mission ac- secures America’s borders from exter- the opportunity to consult regarding secu- complished,’’ Americans are being killed al- rity, legal, operational, resource, or foreign most daily. On April 13, Rumsfeld said: nal threats and ensures that our bor- ders remain open to legitimate travel policy or foreign relations issues associated ‘‘Every hour that goes by, it’s getting better, with such guidance. and more peaceful and more orderly in to the United States. e. Publication of regulations. The Sec- [Iraq].’’ We know that is not true. Rums- GEORGE W. BUSH. retary of Homeland Security may elect to feld’s bad planning has left our troops poorly THE WHITE HOUSE, September 29, 2003. publish any and all visa regulations in 6 equipped and vulnerable in an increasingly MEMORANDUM OF UNDERSTANDING BETWEEN C.F.R. in an appropriate form. All visa regu- hostile environment. And Americans are THE SECRETARIES OF STATE AND HOMELAND lations shall be published by the Secretary of being asked for an additional $87 billion for SECURITY CONCERNING IMPLEMENTATION OF State in 22 C.F.R. using State Department Iraq. SECTION 428 OF THE HOMELAND SECURITY procedures for the issuance of visa regula- We now know that the President and those ACT OF 2002 tions and shall become effective on the effec- who serve him mislead us about weapons of This Memorandum of Understanding tive date specified in the Federal Register mass destruction, about Saddam’s supposed (MOU) is the agreement between the Sec- when published as interim final or final regu- nuclear program, about a link between Sad- retary of State and the Secretary of Home- lations. Each notice of rulemaking will indi- dam and September 11. I’m in awe at the land Security that shall govern the imple- cate whether the rule is being approved by or courage of my sons and the honorable service mentation of section 428 of the Homeland Se- being issued on behalf of DHS. DOS will ex- they give. But the leaders they serve have curity Act of 2002, P.L. 107–296 (hereafter the peditiously publish notices of rulemaking not acted honorably. They have failed my Act), by the Department of State (DOS) and that are approved by or directed by DHS in sons. They have failed all of us. At the very the Department of Homeland Security accordance with paragraph 2c, and will expe- least, Secretary Donald Rumsfeld must go. (DHS). ditiously implement interim final or final

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.115 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9021 regulations that are approved by or directed eligibility for a visa, admissibility to the the applicant of the ground of denial would by DHS. Regulations prepared by DOS and United States, and to classify an alien as an advance the foreign policy of the United requiring DHS approval will be expeditiously immigrant or nonimmigrant, provided, how- States. reviewed and approved by DHS. Wherever ever, that DHS will not require foreign- h. Persons from state sponsors of ter- possible, the Secretaries will jointly issue source documents from any country without rorism. regulations affecting the visa process. establishing the reliability and availability (1) A country is a ‘‘state sponsor of ter- rorism’’ for purposes of section 306 of the En- 3. AREAS OF PARTICULAR INTEREST of such documents in close consultation with the Secretary of State. DHS will otherwise hanced Border Security and Visa Entry Re- a. Classification, admissibility and docu- consult with DOS concerning the reliability form Act of 2002, P.L. 107–173 (8 U.S.C. 1735) mentation. and availability of documentation and DOS if the Secretary of State determines, under (1) Classification. The Secretary of Home- will identify resource implications for col- any of the laws specified in section 306(b)(2), land Security will have final responsibility lecting, maintaining, and evaluating addi- that the country’s government has repeat- over visa guidance to consular officers con- tional or different documentary require- edly provided support for acts of inter- cerning eligibility for classification for non- ments. The Secretary of Homeland Security national terrorism. immigrant and immigrant visas, except that: will prescribe only documentary require- (2) After the Secretary of State has des- (a) The two Secretaries will have joint re- ignated a country as a state sponsor of ter- ments that the Secretary determines are sponsibility over visa guidance concerning rorism, DOS and DHS will jointly, in con- germane to visa adjudication or core home- approval of cultural and training programs sultation with other appropriate agencies, land security interests. under INA section 101(a)(15)(Q)(ii) and eligi- b. Place of visa application. The Secretary develop standards and procedures for admin- istering section 306 with respect to nationals bility for classification under INA section of Homeland Security will have final respon- of that country, keeping in mind the Sec- 101(a)(15)(S)(ii); and sibility over visa guidance prescribing the retary of State’s expertise with respect to (b) The Secretary of State will have final circumstances in which aliens applying for foreign policy and the management of the responsibility over visa guidance concerning an immigrant or nonimmigrant visa, other eligibility for classification for non- visa process and the Secretary of Homeland than aliens applying for visas for diplomatic Security’s expertise concerning threats to immigrant and immigrant visas under INA or official purposes, may make application sections 101(a)(11), 101(a)(15)(A), 101(a)(15)(C) homeland security. The standards and proce- at a place other than a consular post having dures for nationals of each country des- (determine who is eligible to pass in transit jurisdiction over the alien’s country of ori- to and from the U.N. headquarters district), ignated as a state sponsor of terrorism will gin or principal, actual dwelling place, pro- be specifically tailored to the nationals of 101(a)(15)(E) (determine what is a qualifying vided that the Secretary of State shall have treaty of commerce and navigation), each country, taking into account the rea- final responsibility for specifying, in con- sons why the Secretary of State designated 101(a)(15)(G), NATO and other defense or sultation with the Secretary of Homeland arms control agreements, 101(a)(15)(I) (deter- the government of the country as a state Security, the place or places of visa applica- sponsor of terrorism and the relevance of mine whether qualifying reciprocity exists), tion for nationals of a country in which 101(a)(15)(J) (designate qualifying exchange those reasons to the individual nationals of there is no visa processing post. that country. The standards and procedures visitor programs), 101(a)(27)(D), and c. Discontinuing granting visas to nation- will not preclude a national of the country 101(a)(45)(establish, after consultation with als of country not accepting aliens. The Sec- from applying for a visa and providing infor- appropriate agencies, amount of trade or retary of Homeland Security will have au- mation to show that the applicant does not capital that is ‘‘substantial’’ for purposes of thority to notify the Secretary of State pur- pose a threat to the safety or national secu- INA section 101(a)(15)(E)). suant to INA section 243(d) when a foreign rity of the United States. The Secretary of (2) The Secretary of Homeland Security government denies or delays accepting an Homeland Security will have the final re- will have final responsibility over visa guid- alien who is a citizen, subject, national, or sponsibility over the standards and proce- ance concerning grounds of inadmissibility resident of that country. When so notified, dures for administering section 306. Should for visa applicants, except that: the Secretary of State shall order consular DOS object to a standard or procedure and (a) The two Secretaries will have joint re- officers to discontinue granting non- articulate specific U.S. foreign policy objec- sponsibility over visa guidance concerning immigrant and/or immigrant visas, as the tives or interests that will be compromised the exception to the material support provi- Secretary of State deems appropriate. relevant to the country or nationals con- sions established in INA sections d. Personal appearance. The Secretary of cerned, however, the matter will be referred 212(a)(3)(B)(iv) and 212(a)(3)(F); and Homeland Security will have final responsi- to the Secretaries of both departments to (b) The Secretary of State will have final bility over visa guidance prescribing when a consult and reach agreement. responsibility over visa guidance concerning consular officer may waive a visa applicant’s (3) Any determination by the Secretary of the suspension or restrictions on entry pur- personal appearance, except that the Sec- State or designee that an alien from a coun- suant to Presidential proclamations under retary of State will have final responsibility try that is a state sponsor of terrorism does INA section 212(f) and the grounds of inad- over guidance applicable to aliens applying not pose a threat to the safety or national missibility for visa applicants specified in for visas for diplomatic and official purposes. security of the United States will be made in section 428 (c)(2) of the Act; INA section e. Visa validity periods and multiple entry accordance with the standards and proce- 212(a)(2)(G) (determine who is a foreign gov- visas. The Secretary of State will continue dures for nationals of that country and in ernment official who was responsible for or to prescribe periods of validity for a category consultation with the Secretary of Homeland directly carried out particularly severe vio- of nonimmigrant visas based on reciprocity Security or designee (unless otherwise pro- lations of religious freedom); INA 212 section but will consult with the Secretary of Home- vided for in procedures), and shall be without (a)(3)(B)(i)(determine whether an alien is an land Security before increasing any period of prejudice to the Secretary of Homeland Se- officer, official, representative or spokesman validity or establishing a period of validity curity’s authority to refuse or revoke a visa of the PLO); INA section 212(a)(3)(B)(vi)(II); in the first instance. Once a validity period in accordance with law. INA section 212(a)(3)(E) (define participation is established by the Secretary of State, the 4. ADVISORY OPINIONS in Nazi persecution and genocide); INA sec- Secretary of Homeland Security, in con- a. Continuation of DOS advisory opinion tion 212(d)(8); section 2225 of the Foreign Af- sultation with the Secretary of State, may guidance and DHS review. The Secretary of fairs Reform and Restructuring Act of 1998 prescribe a shorter period of validity or place State will continue to prescribe guidance (found in Div. G, Title XXII of P.L. 105–277); other restrictions upon the validity period concerning advisory opinions that may be and the exception to the retroactive applica- for an individual applicant or class of appli- sought by consular officers, but will consult tion of section 411 of the USA PATRIOT Act cants within a category, based on security with the Secretary of Homeland Security (P.L. 107–56) established in section 411(c)(4) of interests. concerning changes in that guidance. Except that Act. f. Visa waiver program. In accordance with with respect to security advisory opinions (3) DHS will have sole responsibility for de- INA section 217, the Secretary of Homeland (SAOs) relating to matters to which para- termining when waivers of grounds of inad- Security, in consultation with the Secretary graph 3a(2)(b) of this MOU refers, the Sec- missibility are granted, except that: of State, will designate countries that may retary of Homeland Security must concur in (a) The two Secretaries will have joint re- participate in the visa waiver program, and changes in policies and procedures involving sponsibility for waivers under INA section the two Secretaries will carry out their SAOs, including when an SAO is requested 212(d)(4)(B); and other responsibilities as specified in that and when an SAO may be transmitted to a (b) The two Secretaries will have joint re- section. consular officer, and may direct changes in sponsibility, with the Secretary of Interior, g. Notices of visa denials. The Secretary of SAO policies and procedures when it serves for waivers under INA section 212(1). Homeland Security will have final responsi- the interest of homeland security. (4) Consular officers or the Secretary of bility over visa guidance pursuant to INA b. Continuation of DOS issuance of advi- State may recommend waivers to DHS under section 212(b) prescribing when and under sory opinions and DHS review. DOS will con- such guidance as the Secretary of State may what conditions a consular officer may waive tinue to provide advisory opinions, including establish. notice of denial of a visa, but the Secretary SAOs, after appropriate interagency coordi- (5) The Secretary of Homeland Security of State will have final responsibility over nation. DHS will be copied on all security will have final responsibility over visa guid- guidance applicable to diplomats or other of- advisory opinion requests. DHS will be cop- ance prescribing information, evidence, or ficial government representatives, and may ied on all outgoing advisory opinions wheth- other documentation collected to establish provide for notice in cases in which advising er or not relating to security. Cases in which

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.060 H30PT1 H9022 CONGRESSIONAL RECORD — HOUSE September 30, 2003 a third agency to which such an SAO request DOS may recommend posts to which assign- §§ 2687 and 2695), which provides administra- is referred believes that denial of a visa is ment of DHS personnel to perform section tive services to agencies performing func- appropriate and DOS believes the informa- 428(e) functions would be beneficial. DHS tions overseas. DHS may participate in the tion is legally insufficient will be referred to may assign employees pursuant to section ICASS system on the same basis as other the Secretary of Homeland Security to de- 428(e) to perform functions of regional or participating agencies. DHS may utilize the cide whether the facts support denial of the worldwide scope or functions related to a ICASS system where appropriate to procure visa in accordance with law. DOS advisory particular post to which they may be as- such equipment, facilities and supplies as are opinions are without prejudice to the author- signed. Each position and assignment shall normally purchased by individual agencies, ity of the Secretary of Homeland Security to be justified and described in accordance with at its costs. refuse or revoke a visa. DHS will have access National Security Decision Directive 38, and (2) DHS will be provided with necessary of- on site at the Visa Office or remotely, as communicated to the Secretary of State and fice space and Embassy housing as available may be appropriate, to any advisory opinion relevant chief(s) of mission. DHS will con- on the same basis as other agencies rep- and may seek consultation concerning any sult with DOS and relevant chief(s) of mis- resented in the relevant mission overseas. To opinion that may affect homeland security. sion before assigning section 428(e) functions the maximum extent practicable, DHS em- c. Involvement of Overseas DHS employees to DHS employees already assigned to diplo- ployees performing visa duties shall be collo- in advisory opinions. A DHS employee as- matic posts to perform other functions. As- cated with consular officers. DHS employees signed to an overseas post who performs sec- signment of DHS personnel will be made con- who are properly cleared will have access to tion 428 functions will have access to all ad- sistent with resource availability. secure equipment and facilities, and be pro- visory opinion requests transmitted by the b. Qualifications for overseas DHS per- vided work space in such controlled access post of assignment to DOS, unless the Chief sonnel. areas, that may be available at particular of Mission or Deputy Chief of Mission deter- (1) Any DHS employee selected for assign- posts and that is necessary for the perform- mines that the sensitivity of the matter re- ment overseas after the effective date of this ance of their section 428(e) duties. quires that access be limited in the case of a MOU to perform section 428(e) functions (3) DOS will take such steps as may be ap- particular advisory opinion request under a should have: propriate and necessary so that DHS employ- ground of inadmissibility specified in para- (a) broad knowledge of immigration law, ees performing visa duties pursuant to sec- graph 3a(2)(b) of this MOU. If the COM or including visa law, tion 428 receive from the host country legal DCM limits the access of a DHS employee as- (b) experience or training in counter-ter- privileges and immunities appropriate to signed to an overseas post who performs sec- rorism, their functions and the post to which they tion 428 functions to an advisory opinion re- (c) experience or training in interviewing are assigned. quest, the COM or DCM will advise DOS, individuals during investigations, including e. DHS overseas functions. DHS employees which will advise DHS headquarters of the fraud, or in similar contexts, and assigned to overseas posts who perform sec- request as appropriate. A DHS employee who (d) experience or training in identifying tion 428(e) functions will: performs section 428 functions may rec- tampered documents. (1) Provide expert advice to consular offi- ommend that the post submit security advi- (2) DHS will exercise best efforts to provide cers regarding specific security threats re- sory opinion requests. training for personnel who are assigned to lating to the adjudication of individual visa 5. NOTIFICATION AND COORDINATION OF perform section 428(e) functions who are se- applications or classes of applications. This REFUSALS AND REVOCATION lected for such assignments prior to the ef- may include but is not limited to: fective date of this MOU or who are already (a) Gathering and reviewing intelligence a. If the Secretary of Homeland Security assigned overseas to perform other func- reports and coordinating with other agencies decides to exercise the authority of the Sec- tions. at post to consolidate up-to-date information retary of Homeland Security to refuse a visa (3) DHS training and assignment policies with respect to terrorist groups or other en- in accordance with law, or to revoke a visa, will emphasize identification of persons with tities or individuals in the host country who the Secretary of Homeland Security shall re- the following skills, experience or knowl- pose a threat to homeland security and their quest the Secretary of State to instruct the edge, or developing them before or during as- connections with individuals and groups in relevant consular officer to refuse or revoke signment: other countries and making this information the visa and specify the grounds and factual (a) the ability to speak the host country available to consular officers in a timely and basis for refusal or revocation. The refusing language, and useful manner. consular officer shall note in the Consoli- (b) experience in or knowledge of the host (b) Briefing consular officers and providing dated Consular Database entry that the re- country, and extensive understanding of ter- training sessions to consular officers, as ap- fusal or revocation has been directed by rorism or other homeland security concerns propriate, concerning terrorist groups or DHS. Notwithstanding paragraph 17, the Sec- in the host country. other entities that pose a threat to home- retary of Homeland Security’s authority to (4) Prior to being assigned to an overseas land security and questions and interview direct refusal or revocation of a visa may be post, a DHS employee must obtain a min- techniques useful in detecting persons who delegated only to DHS headquarters staff. imum security clearance of Top Secret. may be a threat or whose applications may b. If the Secretary of State directs a con- (5) The assignment of DHS employees to a be fraudulent. sular officer to refuse a visa on the grounds particular post to perform section 428(e) (c) Consulting with consular officers on that refusal is deemed to be necessary or ad- functions, the scope of their functions, and particular visa applicants who raise home- visable in the security or foreign policy in- who and how many DHS employees are as- land security concerns. terests of the United States, DOS shall no- signed will be determined in accordance with (2) Review any such applications, either on tify DHS of the exercise of such authority by the authority of the relevant chief(s) of mis- the initiative of the DHS employee in ac- including DHS on the distribution of the in- sion and the Secretary of State. The Assist- cordance with procedures prescribed by DHS struction cable and making a notation in the ant Secretary of State for Consular Affairs under paragraph 6(f)(1) below, or upon re- Consolidated Consular Database entry, and/ will use best efforts to facilitate and assist quest by a consular officer or other person or by any agreed upon means of communica- the assignment of qualified DHS employees charged with adjudicating such applications. tion. and the Assistant Secretary of State for Ad- This may include but is not limited to pro- c. If the Secretary of State decides to re- ministration will assign a high priority to viding input to or recommending security voke a visa pursuant to his authority under the expeditious provision of administrative advisory opinion requests based on their ex- Section 221(i) of the INA, DOS will notify arrangements to accomplish these assign- pertise. DHS of the exercise of such authority by in- ments. (3) Conduct investigations with respect to cluding DHS on the distribution of any cable c. Temporary duty of DHS personnel. consular matters under the jurisdiction of reporting the visa revocation decision, by (1) DHS may also send DHS employees to the Secretary of Homeland Security, in ac- making an entry in the Consolidated Con- overseas posts in temporary duty status to cordance with paragraph 6g of this MOU. sular Database, by forwarding to DHS a copy perform functions under section 428(e) from f. Performance of DHS overseas functions. of the certificate of revocation, and/or by time to time. (1) DHS, in consultation with DOS, will de- any agreed upon means of communication. (2) Whether a DHS employee may go to an velop policies and procedures by which DHS 6. ASSIGNMENT OF DHS PERSONNEL TO overseas post on temporary duty status is employees assigned to posts abroad who per- DIPLOMATIC POSTS AND THEIR FUNCTIONS subject to the authority of the relevant form section 428(e) functions will perform a. Selection of posts to which DHS per- chief(s) of mission and country clearance the functions listed in paragraph 6e of this sonnel will be assigned and assignment of procedures. MOU. DHS may conduct the functions listed DHS personnel. DHS shall identify the diplo- d. Support of DHS employees. in paragraph 6e of this MOU with regard to matic and consular posts where it considers (1) In addition to participating in basic some or all nonimmigrant visas and, at its the assignment of DHS personnel to be nec- mandatory shared administrative costs over- option, some or all immigrant visas. DHS, in essary to perform section 428(e) functions, seas, DHS may at its option enter into reim- consultation with DOS, will develop stand- including posts where it wishes to have ex- bursable support agreements under the ards by which it may direct DHS employees isting DHS personnel perform section 428(e) International Cooperative Administrative at post to review classes or quantities of visa functions. DHS will establish criteria by Support Services (ICASS) established under applications based upon worldwide threat as- which posts will be selected and will consult sections 13 and 23 of the Department of sessments, or by which DHS employees at with DOS concerning the selection of posts. State’s Basic Authorities Act (22 U.S.C. post may initiate, in consultation with the

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.064 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9023 Deputy Chief of Mission or senior consular contractors or grantees or by DOS consular ation in preparing the annual employee eval- officer, review of classes or quantities of visa employees in relation to the visa function, uation report. applications based on local threat assess- any other matter in relation to the visa c. Performance standards for DHS employ- ments. In accordance with section 428(i), function that creates a potential security ees. The Secretary of Homeland Security DHS employees assigned to Saudi Arabia to vulnerability, or any allegation of fraud, will develop performance standards for DHS perform section 428 functions shall review all waste or abuse of DHS funds or involving employees who are assigned to posts abroad nonimmigrant and immigrant visa applica- DHS programs or operations, the DOS shall pursuant to section 428, and will consult with tions. promptly notify the DHS IG of such allega- the Secretary of State concerning them prior (2) A DHS employee assigned to an over- tion. If the DHS becomes aware of an allega- to issuance. seas post and performing section 428(e) func- tion of visa fraud or other misconduct in re- d. DOS input to DHS employee evalua- tions may recommend to the chief of the lation to the issuance of visas, any allega- tions. The chief of mission or deputy chief of consular section or the most senior super- tion of misconduct by such DHS employees mission may provide the rating and/or re- visory consular officer present that a visa be in relation to the visa function or by DOS viewing officer of a DHS employee assigned refused or revoked. If the chief of section or employees, contractors or grantees, any abroad pursuant to section 428(e) with input supervisory consular officer does not agree other matter that affects the security of the relevant to evaluation of the employee. The that the visa should be refused or revoked, mission or that creates a potential security rating or reviewing officer will take such the post will initiate a request for a security vulnerability, or any allegation of fraud input into consideration in preparing the an- or other advisory opinion and the DHS em- waste or abuse of DOS funds or involving nual employee evaluation report. The senior ployee will be consulted in its preparation. DOS programs, the DHS shall promptly no- DHS employee at post shall be subject to No visa will be issued in the interim. No ad- tify the DOS and, unless determined to be in- evaluation by the COM and/or DCM in the visory opinion will be issued thereafter with- appropriate, the COM. same manner as other agency senior rep- out the full consultation of DOS and DHS. (3) When allegations concern matters over resentatives. Nothing in this subparagraph prejudices the which the DHS IG and the DOS both have in- 8. TRAINING authority of the Secretary of Homeland Se- vestigative jurisdiction, they shall consult a. Availability of DOS training to DHS em- curity to direct refusal of the visa at any regarding how best to pursue the investiga- time in accordance with the procedures spec- ployees and families. tion. Unless otherwise decided in a given (1) At the request of DHS, DOS shall, on a ified in paragraph 5 of this MOU. case, DOS shall investigate allegations con- (3) DHS employees assigned to overseas reimbursable and space-available basis, cerning DOS employees, contractors, grant- make available to DHS employees identified posts and performing section 428(e) functions ees and funds and DHS IG shall investigate may communicate directly with consular of- for assignment to overseas posts to perform allegations concerning DHS employees, con- functions under section 428(e) training rel- ficers and other DOS employees assigned to tractors or grantees. DHS IG and DOS may, overseas posts and other DHS officials in evant to such functions, including training as agreed, also develop more detailed guide- in foreign languages, interview techniques, carrying out their functions, provided that lines and procedures with respect to the con- their interactions are consistent with the fraud techniques, conditions in the country duct of such investigations. of assignment and other appropriate areas of authority of the senior consular official at (4) Any DHS investigation conducted study, and shall give priority to these em- post over the consulate or consular section. abroad must be conducted in compliance ployees after DOS employees, and ahead of DHS employees will not serve under the su- with local law (unless it is an activity rou- other personnel of other agencies. DHS em- pervision of consular personnel, and DHS tinely authorized by senior host country offi- ployees may train with consular officers and employees will not supervise consular per- cials and ground rules established by the undergo the same consular function training sonnel, or otherwise give binding instruc- host country), unless otherwise authorized on a reimbursable and space-available basis. tions or directions to consular officers. by the Secretary of Homeland Security, or (2) DOS shall afford the families of DHS (4) DHS employees assigned to overseas his designee, and by the Secretary of State, employees assigned to overseas posts access posts and performing section 428(e) functions or his designee, and the Chief of Mission. to language and culture training on the same are subject to the authority of the chief of h. Participation in Lookout Committees. basis as the families of employees of other mission and the Secretary of State in the DHS employees assigned to overseas posts agencies, i.e., on a reimbursable, space-avail- same manner as all other executive branch and performing section 428(e) functions shall able basis. employees serving abroad. They must also participate in the terrorist lookout com- (3) All DHS employees assigned to overseas comply with the Interagency Security Policy mittee established under Section 304 of the posts must attend the DOS Security Over- Board’s security guidelines. Enhanced Border Security and Visa Entry seas Seminar, or such training as may be re- g. Investigations by DOS and DHS. Reform Act of 2002 (8 U.S.C. § 1733), and other (1) DHS employees assigned to overseas quired in the future of persons assigned over- relevant groups. posts and performing section 428(e) functions seas, on a reimbursable, space-available may in accordance with policies and proce- 7. PERFORMANCE STANDARDS AND EVALUATIONS basis. Eligible family members of DHS per- dures established by DHS under paragraph FOR CONSULAR OFFICERS AND FOR DHS EM- sonnel are also encouraged to attend the Se- 6f(1), recommend investigations, participate PLOYEES ASSIGNED ABROAD TO PERFORM SEC- curity Overseas Seminar, on a reimbursable, in investigations conducted by consular offi- TION 428 FUNCTIONS space-available basis. In addition, DHS em- cers (with their consent), or conduct inves- a. Performance standards for consular offi- ployees assigned to overseas posts are tigations involving visa matters, such as the cers. The Secretary of Homeland Security strongly encouraged to attend the Introduc- eligibility of any visa applicant. Consular of- may develop performance standards for eval- tion to Working at an Embassy seminar ficers will, in any event, make available uating the performance of consular officers prior to departure, on a reimbursable, space- their investigative reports or conclusions. with respect to the processing and adjudica- available basis. However, such DHS employees shall not con- tion of applications for visas. If the Sec- b. DHS training development. duct law enforcement investigations or ac- retary of Homeland Security wishes to de- (1) DHS may develop other training, as ap- tivities, investigations concerning matters velop such performance standards, the Sec- propriate, to enable DHS employees to carry that are within the jurisdiction of the Bu- retary will consult with the Secretary of out their functions. Such training will be reau of Diplomatic Security or the Inspector State in their development. The Secretary of made available to consular officers on a re- General of the Department of State, or take State will also consult with the Secretary of imbursable basis and equal basis with DHS action in relation to allegations of mis- Homeland Security in developing or revising employees. conduct by an employee of the United States other performance standards relating to the (2) DOS will consult with DHS, as appro- Government, other than to report such alle- issuance of visas by consular officers. Once priate, to ensure that DOS consular officer gations. This does not affect DHS investiga- any such standards are developed, the Sec- training incorporates homeland security tive functions performed under other au- retary of State will take the necessary meas- concerns, and DHS may propose changes in thorities. DHS employees performing inves- ures to incorporate the standards into the DOS curricula to better prepare consular of- tigative functions under section 428(e) au- DOS evaluation process in a manner con- ficers to perform their functions in connec- thority will consult and cooperate with con- sistent with the Foreign Service Act of 1980 tion with the granting or refusal of visas. sular officers and Regional Security Officers and applicable labor-management consulta- DHS may also develop programs of homeland with respect to any investigative activity. tion or negotiation requirements. security training for consular officers in ad- DHS employees performing investigative b. DHS input to consular officer evalua- dition to other DOS training programs. Such functions under other authority will ensure tions. DHS employees assigned abroad and programs may be conducted by or under the appropriate coordination with other law en- performing section 428(e) functions may, as auspices of DHS and facilitated by DOS, or forcement elements. DHS employees will en- deemed appropriate by the Secretary of DOS may conduct such programs under the sure that the COM or the COM’s designated Homeland Security, provide the rating and/ guidance of DHS, as DHS and DOS may representative is fully and continually in- or reviewing officer with input relevant to agree. DHS shall bear the costs of developing formed regarding such activity. the evaluation of a consular officer in light and delivering such training and cooperate (2) If the DOS becomes aware of an allega- of any performance standards developed by with DOS to schedule such training in con- tion of visa fraud or other misconduct in re- the Secretary of Homeland Security pursu- junction with other DOS training DOS per- lation to the issuance of visas, any allega- ant to this paragraph. The rating or review sonnel are required to take or give under tion of misconduct by such DHS employees, officer will take such input into consider- DOS auspices. DOS will use best efforts to

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.068 H30PT1 H9024 CONGRESSIONAL RECORD — HOUSE September 30, 2003 make available DOS facilities for such train- to enter the United States. DOS is the origi- employees will not disclose the information ing that may include Foreign Service Insti- nating agency and retains custody and con- in such systems or records to anyone not au- tute space, subject to DOS resources and trol over such records for purposes of the re- thorized to receive it. DHS will make avail- other commitments. DOS shall otherwise quirements of the Federal Records Act, the able to consular officials and other DOS offi- bear the costs of travel and per diem of its Freedom of Information Act, the Privacy cials involved in the visa issuance process all personnel who participate in training either Act, Executive Order 12958 and section 222(f) data maintained by DHS that is pertinent to as instructors or students for the purpose of of the Immigration and Nationality Act, as the security and integrity of the visa improving the skills or knowledge of con- well as for purposes of all document produc- issuance process, but DOS will respect re- sular officers. DOS shall determine in con- tion and information requests. To the extent strictions on dissemination of sensitive law sultation with DHS the appropriate timing that the DHS obtains copies of such records enforcement information. for participation in such training, either as in connection with its duties, DHS shall 11. RESOURCES instructors or students, based on staffing re- refer questions concerning the above require- DHS and DOS shall bear their own costs in quirements of the DOS employee’s post of as- ments to DOS, in accordance with normal the performance of responsibilities under signment, so as not to impede the ability of third agency referral procedures. DHS shall section 428 except as otherwise provided in the post to carry out essential functions as- be responsible for such records as it may cre- this MOU, or other written agreement. Ac- signed to the employee. DOS will ensure at- ate and maintain and that are not made a tivities included in this MOU are subject to tendance of DOS personnel in a manner con- part of DOS records. resource availability. sistent with effective and efficient training c. Systems compatibility and biometric re- management and to ensure training is re- quirements. 12. LITIGATION ceived in a timely fashion. (1) The Secretary of Homeland Security The Legal Adviser to the Secretary of (3) DHS employees assigned overseas to and the Secretary of State recognize that State and the General Counsel for DHS shall perform section 428 functions may develop each has statutory authorities related to the cooperate as appropriate in support of litiga- local training programs in whose develop- maintenance of electronic databases and use tion conducted by the Department of Justice ment post consular personnel will cooperate. of biometrics for border security purposes for or against the United States on account The chief of the consular section or the most and that they must exercise these joint and of actions taken or not taken by consular of- senior supervisory consular officer present separate authorities in full coordination to ficers related to the issuance or refusal of will facilitate the attendance of consular ensure interoperability and effectiveness. visas or by DHS personnel performing func- personnel at such training, provided that the Each agrees to coordinate closely with the tions under section 428. other and to work together toward the max- nature and timing of such training shall not 13. STUDIES AND REPORTS impede the ability of the post to carry out imum possible compatibility of the DHS and a. DOS will assist DHS as appropriate in essential consular functions. DOS information technology systems and the preparation of the study of the role of c. Joint training development. DHS and data related to the issuance of visas to and foreign nationals in the granting or refusal DOS agree to cooperate in the joint develop- the entry to and exit from the U.S. of aliens. of visas and other documents authorizing ap- ment of training that will be useful to the (2) In particular, each Secretary agrees to plications for entry of aliens into the United employees of both agencies, that may be con- keep the other fully informed in a timely States that is required by section 428(g)(1) ducted at DOS facilities, or in other institu- fashion about decisions and actions that his and in the report containing the findings of tions. Department is contemplating with respect to d. Resource availability. Training activi- such database systems related to the the study conducted under section 428(g)(1) ties under this paragraph are subject to re- issuance of visas to, and the entry to and that is required by section 428(g)(2). DHS and source availability. exit from the U.S. of, aliens, including the DOS will jointly draft and submit to Con- use of biometrics, legal interpretations and gress, as required by section 428(e)(7), the re- 9. INTERAGENCY COOPERATION policy implementation decisions and port on the implementation of section 428 a. Establishment of liaisons. The Secretary datasharing (the sharing of information elec- and any legislative proposals necessary to of Homeland Security, or designee, and the tronically). Toward this end, each Secretary further the objectives of section 428. Secretary of State, or designee, may des- will designate an employee of his Depart- b. In any case in which the Secretary of ignate persons to serve as liaisons between ment to serve as a liaison on such systems Homeland Security directs refusal of a visa the headquarters of both departments, who development, interoperability and on the basis of INA section 212(a)(3)(B), DHS may or may not be stationed in the other’s datasharing with the other Department. will provide DOS with sufficient information headquarters. Any DHS liaison assigned to These systems liaison persons shall keep (including the factual basis for the refusal) work in the Visa Office will have access to each other fully informed of applicable sys- for the Secretary of State to fulfill his re- any advisory opinion that may be issued. tems initiatives being taken within each porting requirements under section 51 of the b. Management reports. DHS will have ac- home agency and will serve as the point of State Department Basic Authorities Act (22 cess to standard workload reports generated contact for reception and transmission of U.S.C. § 2723). by the automated visa systems of the Bureau such information between the two Depart- 14. DISPUTE RESOLUTION for Consular Affairs. DHS will also have ac- ments. Disagreements concerning the interpreta- cess to such systems to determine the status d. Coordination with DHS concerning sys- tion or implementation of this MOU will be of specific visa cases and accompanying tems. DOS will consult with DHS concerning resolved at the lowest level possible. Failing notes. The Bureau will respond to requests what visa data will be contained and main- that, matters will be referred successively to from DHS for periodic reports on how DHS tained within DOS systems. DOS will give higher authorities. or other visa policies are being implemented serious consideration to implementing DHS and will cooperate with DHS in generating recommendations concerning collection and 15. MODIFICATION AND TERMINATION special queries when necessary and prac- maintenance of visa data, as well as DHS This MOU may be modified or terminated ticable. recommendations concerning management upon the mutual agreement of the parties in c. On-Site Monitoring of field operations. controls in automated systems that audit or writing. The parties shall review this MOU DHS employees may participate in Consular support visa adjudication, consistent with not later than 24 months after it becomes ef- Management Assistance Teams and travel resource availability. DHS and DOS will in- fective. Any amendments to it shall be by with regional consular officers as may be crease and expand data share between agen- mutual agreement. practicable. DHS shall bear the cost of travel cies. DHS will be consulted and, where pos- 16. EFFECTIVE DATE of its employees. sible, participate in modification of existing This MOU becomes effective on the date on d. Cooperation in interagency and inter- systems and development of new systems national matters. DOS and DHS agree to co- which the President publishes notice in the that remain under DOS control. Federal Register that he has submitted a re- operate and coordinate as appropriate in e. Access of DHS personnel to DOS systems port to Congress setting forth the MOU. interagency and international matters that and records. DOS will provide appropriate may affect the function of consular officers DHS personnel with access to DOS informa- 17. DELEGATIONS OF AUTHORITY in connection with the granting or refusal of tion systems used in visa adjudication and a. Except for paragraph 5, references in visas. visa issuance processes as well as to DOS this MOU to the Secretary of Homeland Se- 10. SYSTEMS AND RECORDS records pertaining to the issuance or refusal curity or the Secretary of State or specific a. Maintenance of DOS systems; DHS sys- of visas or permits to enter the United subordinate officers or components thereof tems authority. The Secretary of State has States, as necessary and appropriate for im- shall not be construed to limit the authority the authority to create, maintain and oper- plementation of DHS functions under section of the Secretaries of Homeland Security or ate all information systems used by consular 428. In the case of classified information, State to direct and control the activities of officer and other DOS employees in visa ad- such access will require both an appropriate their departments and delegate or re-dele- judication and issuance processes. These sys- security clearance and a need to know the gate authority as may be appropriate. tems are DOS systems. information. DHS personnel who are pro- b. The Secretary of Homeland Security and b. Maintenance of visa applications and vided such access will abide by applicable re- the Secretary of State shall keep each other visa issuance records. DOS has the authority strictions on the use of such systems and informed on a timely basis of the persons to to create and maintain all records pertaining records and the disclosure of the information whom they have delegated their authority to the issuance or refusal of visas or permits contained therein. In particular, such DHS under this MOU.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.072 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9025 c. Each Secretary hereby delegates to the stones and dates are, but he could not not put our country deeper into debt, other such authority as may be necessary to tell the Committee on International and it should be loans, not grants. implement the provisions of this MOU. Relations, or any other committee in Madam Speaker, I yield to the gen- 18. ENFORCEABILITY Congress, what those milestones and tleman from Massachusetts (Mr. Nothing in this MOU is intended, or should dates are. So it was not really a suc- DELAHUNT), a senior member of the be construed, to create any right or benefit, cessful explanation to our committee Committee on International Relations. substantive or procedural, enforceable at law about what is coming down the pike Mr. DELAHUNT. Madam Speaker, I by any person against the United States, or and what the administration plans in thank the gentleman for yielding me any of its agencies, officers, or employees. Iraq. this time, and I think it is ironic when f He did say with some pride that 61 I hear representatives of the adminis- tration say we do not want to load IRAQ WATCH countries have pledged their support for reconstruction in Iraq. I asked him down the Iraqi people with debt. Well, The SPEAKER pro tempore (Mrs. how much that pledge amount totaled, I wish that they would share the same MILLER of Michigan). Under the Speak- and he said $1.5 billion. Now $1.5 billion concern for the American people be- er’s announced policy of January 7, is a lot of money, but from 61 countries cause recent reports in the media indi- 2003, the gentleman from Pennsylvania it is not much of a contribution. If we cate that here in the United States (Mr. HOEFFEL) is recognized for 60 min- compare it to what we have spent and poverty has increased dramatically. utes. will spend in Iraq, it is less than 1 per- More than 1 million Americans, an ad- Mr. HOEFFEL. Madam Speaker, the cent of what America is spending on ditional 1 million Americans are now Iraq Watch is back tonight. We look to the military occupation and on the re- below the poverty line. That is a his- have an interesting discussion in store construction. And if we only add up torical first, the median income, the for the next hour. We have been hold- what America is spending on recon- median household income, that is half- ing these hours of debate on Iraq for struction, what we have already spent way if you count all of the households the past 2 months or so, once a week, and what the President is asking, this in the United States, right at the 50 in which we gather on the floor to talk $1.5 billion from 61 countries is only percent mark, the median income for about our policies in Iraq, suggest about 5 percent of what we will spend an American family has gone down for changes, as we would recommend and have spent on reconstruction. 2 consecutive years. Ironically, there changes in those policies, and ask ques- Clearly the administration has not has been a significant increase in the tions to try to learn for the Congress received from the international com- number of millionaires. That went up and for the American people what the munity anything close to what we some 14 percent. Of course, they have administration’s plans are in Iraq. ought to get in terms of their financial benefited from the recent series of tax b 2245 support for reconstruction and for cuts put forth by the President and en- what we are trying to do in the name acted by this Republican Congress. I would like to open up briefly this of freedom and liberty in Iraq. But debt, the deficit, is breaking all evening with a brief report on the ap- I would suggest that the heavy-hand- historical records. This year it will ex- pearance by Ambassador Paul Bremer ed diplomacy, the arrogance, the uni- ceed $500 billion, and we are not talk- before the Committee on International lateral approach of this administration ing about this particular supplemental, Relations on September 25. He came has resulted in our allies and inter- this so-called war supplemental. So before the committee to justify the ad- national organizations not yet stepping when we talk about debt, let us remem- ministration’s request for $87 billion of up to the plate. ber the American people because we military occupation and reconstruction I would simply say that I believe that are going to have to answer to those dollars in Iraq. the $87 billion needs to be handled sep- people when they ask us who pays the I asked the Ambassador, who I think arately by the Congress; and I would bill. Well, it is you folks and your chil- is a fine public servant who is doing suggest that while we need to grant dren and grandchildren, and possibly the best he can, a career diplomat, one that money for the support of our your great grandchildren because while of America’s finest, but I believe his troops in the field, that the part of we were projecting a $5.6 trillion sur- political masters are making it dif- that request, some $21 billion that is plus, we are now looking at a $3.3 tril- ficult for him to give us the informa- designed for reconstruction costs in lion public debt. tion which I believe Congress is enti- Iraq, should be handled differently. I Let me tell you what the cost of that tled to. I asked the Ambassador when believe we ought to provide those dol- $87 billion will do to the communities we would get timetables and informa- lars as loans to Iraq and not as out- that the gentleman from Massachu- tion and when would the President right grants to be repaid by Iraqi oil setts (Mr. MEEHAN) and I both rep- level with the American people about revenue. Everyone believes within 2 or resent. The $87 billion in additional plans to internationalize the security 3 years the Iraqi oil industry will be war spending will cost Massachusetts challenges and the reconstruction chal- generating at least $2 billion a year in taxpayers $2.6 billion. If that money lenges in Iraq, when we would get time- revenue, hopefully within a few years were spent on other priorities in our tables and plans for giving the Iraqi up to $3 billion to $5 billion in revenue. home State, it could pay for $334 mil- government back to the Iraqis, and And Iraq has the ability to repay loans, lion for school construction resulting when would we get an exit strategy; and I believe our reconstruction aid in over 8,000 new jobs; almost 1,900 new when would the administration tell us should be in the form of loans. Some affordable housing units creating 4,500 when they believed we could bring our have said that this would only put Iraq jobs; $445 million for local and State troops home and what standards we further in debt, and international orga- roads and bridges, creating 10,000 new would want to achieve in Iraq before nizations and our allies have already jobs; and 9,300 new firefighters; and making that decision, and how would lent $200 billion to Iraq when Saddam health care coverage for 150,000 people we know if we were succeeding or fail- Hussein was in power and they would in the Commonwealth of Massachu- ing with those goals. not take kindly to us creating more setts who are not currently receiving The Ambassador could not answer debt. it. That is what it means to our home those questions. He said in his opening Well, if we give this money as loans, State, the Commonwealth of Massa- statement, ‘‘We have a definite plan it is my view that we should be the chusetts. with milestone and dates,’’ and I asked first in line for repayment. If the Mr. HOEFFEL. Madam Speaker, I him about that. First off, he was only French and Germans and Russians do yield to the gentleman from Ohio (Mr. talking about how to spend the $87 bil- not like that and feel they have a high- STRICKLAND). lion. But, secondly, that definite plan er claim on repayment of the money Mr. STRICKLAND. Madam Speaker, with milestone and dates that he re- they loaned to Saddam Hussein, let I just want to elaborate on what the ferred to in his opening statement is them find Saddam Hussein and ask him gentleman from Massachusetts (Mr. not yet available for Congress. He may for the money. We are the ones that DELAHUNT) has said. He talked about have the milestones and dates, the ad- pushed him out of office and have made the increase in poverty. In the New ministration may know what the mile- that investment. I believe we should York Times today, ‘‘Big Increase Seen

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A30SE7.075 H30PT1 H9026 CONGRESSIONAL RECORD — HOUSE September 30, 2003 in People Lacking Health Insurance, stricted, restricted to those who have tion and the price of that moving in Largest Rise in a Decade.’’ The number been elected, not appointed, elected by the wrong direction is the blood and of people without health insurance their constituents across this country, grievous wounding of our young people. shot up last year by 2.4 million, the the faith and trust of their constitu- We have to speak out under those cir- largest increase in a decade, raising the ents have put all of us on this floor. cumstances, and that is why we are here this evening. I am particularly total to 43.6 million Americans without b 2300 health insurance. pleased to be joined as the gentleman We have a crisis in this country. Un- We are here under Special Orders be- from Massachusetts (Mr. DELAHUNT) employment, health care, prescription cause this is our opportunity to speak indicated by his colleague, the gen- drug coverage, an exploding deficit, an to our colleagues and to the Nation tleman from Massachusetts (Mr. MEE- ever-increasing debt, we are not build- about those matters which we consider HAN), and a former president of the ing our roads, our bridges, our water most important and which we may not Connecticut State Senate and now the and sewer systems, our schools, our VA have had the opportunity during the ranking member, the senior Democrat hospitals, our medical clinics; and yet regular course of business to discuss at on our Committee on House Adminis- the President seems so determined to length or in-depth. Unfortunately, as I tration, the gentleman from Con- take resources from the American tax- have mentioned over and over again, necticut (Mr. LARSON), joining with us payer and send them to Iraq. And I will we are dependent on the people of this tonight. They are here, I think, at this tell Members something else which country, on the people of our Nation, stage to back up the issue, the issue at concerns me, and that is the possibility to pay attention to what may be said hand which is can we put forward a pol- of profiteering off this war. I think we here, not because we necessarily know icy and analyze the circumstances will talk about some of the contracts more than others, but because we have under which these policies are pres- that have been let a little later to- been privileged to occupy these posi- ently being put forward by the admin- night, but it troubles me that some tions and accept this responsibility and istration, can we put forward an anal- people are getting rich off this war. We meet the obligations of carrying for- ysis and analyze these policies in such have young soldiers over there without ward an inquiry for the Nation at a manner as to give some direction protective armor. About 40,000 are large, so that we can determine what that will see that this comes to an without the best protection we can pro- the best course of action is. Over and early end? vide. over, we reach out to the country here Mr. HOEFFEL. I thank the gen- Madam Speaker, when they get on this most important of issues, our tleman for his eloquent comments. I wounded and come back to Walter Reed Iraq Watch, because the media, and am happy to recognize the gentleman Hospital or the Bethesda Naval Hos- you see my arm reaching back to those from Massachusetts (Mr. MEEHAN). pital and they spend a week or 2 weeks who cannot see it, the galleries are Mr. MEEHAN. I compliment my col- or a month there, when they leave, here for a free press to join us, to ob- league the gentleman from Pennsyl- they are presented with a bill totaling serve us and they are never here. They vania (Mr. HOEFFEL) for his leadership $8.10 a day for the food they have con- are never here because they are occu- and the gentleman from Massachusetts sumed. What has become of us. We pied with those matters which they (Mr. DELAHUNT) and the gentleman have gotten our priorities really con- consider most important. They are from Hawaii (Mr. ABERCROMBIE). We fused. That is why I am glad we are chasing after a circus out in California, were at a House Armed Services Com- talking about this. The American peo- they are trying to determine whether mittee meeting tonight and the press ple need to know and I look forward to or not they can start a fight, a verbal was not there, either. We were looking the gentleman’s further elaboration on fight, some verbal fisticuffs between to mark up House Resolution 364, what is happening to the money we politicians, they are preoccupied with which is a resolution of inquiry that I have already appropriated. process and politics is entertainment. know that the gentleman from Massa- Mr. DELAHUNT. Madam Speaker, if But that is not what our charge is, and chusetts (Mr. DELAHUNT) is familiar the gentleman would yield, we talked that is why we are here at 11 o’clock at with, introduced and cosponsored by earlier about the support that France night on the east coast, not because we the gentleman from Florida (Mr. and Russia and Germany provided Sad- have nothing else to do in terms of our WEXLER) and many of us cosponsored dam Hussein. That particular chart responsibilities and our commitment, that, including myself, that would ask represents the support that previous but meeting our most important re- the President to send to the House of Republican administrations provided sponsibility, which is to reach out to Representatives a report prepared by to Saddam Hussein from 1982 to 1990. I the citizens of this country to let them the Joint Chiefs of Staff that has been thank the gentleman for yielding. know that their Members here in the widely reported in the press entitled Mr. HOEFFEL. Madam Speaker, I ap- People’s House are focusing in on those Operation Iraqi Freedom, Strategic preciate the comments of the gen- items not just of interest, but of most Lessons Learned. These are documents tleman, and we look forward to hearing immediate concern to their welfare and about the reconstruction and security more about the chart. We will now turn to the welfare of peace throughout the of postwar Iraq. This report was com- to the gentleman from Hawaii (Mr. world. And so we meet here tonight, piled by the Chairman of the Joint ABERCROMBIE). and we meet here every week, deter- Chiefs of Staff with interviews from Mr. ABERCROMBIE. Madam Speak- mined to bring forward from our in- senior U.S. military officials, including er, what we have attempted to do over quiry not just a measure of truth, but Army General Tommy Franks, that these weeks is to bring the hammer of hopefully a sense of insight and to outlines the deficiency in the Bush ad- truth down on the anvil of inquiry, and bring forward the facts, as best we ministration’s postwar planning for that is the object of these discussions. know them, to let people draw their Iraq. People have sometimes asked me, and I judgments. According to a Washington Times ar- know they have asked other Members, And so the gentleman from Massa- ticle that appeared a few weeks ago, why is it that we have these sessions chusetts (Mr. DELAHUNT) has here this this report includes a scathing analysis late at night during what is called Spe- evening a chart. Maybe we cannot all of the Bush administration’s lack of cial Orders. And because we are used to see it on the television screen, so he is planning for postwar Iraq. No matter it, we may take it for granted that ev- going to explicate for us what is on which side people were on at the reso- eryone knows what that is. The people that chart, and what it means. The rea- lution that was voted on a year ago, all who may be perusing through the var- son that we are doing it is because we of us, I think, said that the challenge ious channels on their television set have a deep and abiding desire to share was not necessarily in the military may come upon C–SPAN, and they see with the entire citizenry of the country mission in Iraq that all of us as mem- the regular order of business is con- our profound concern that we are mov- bers of the Committee on Armed Serv- cluded for the day, and now we are in ing in the wrong direction. The fact is ices knew could be completed because Special Orders. that there is no higher degree of patri- we had prepared for it for 10 years, the What that means is in this people’s otism, especially when you think your question was whether or not we were House, membership of which is re- country is moving in the wrong direc- prepared for the postwar Iraq. I think

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.120 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9027 the evidence is overwhelmingly, in fact port that the Joint Chiefs of Staff have same pathetic response and result, that even the Bush administration has ac- put together. But instead there is more it was approved with a negative rec- knowledged that the stabilization and stonewalling, we do not want to tell ommendation to the floor. reconstruction of Iraq is turning out to the truth, we do not want to let it out, I share the gentleman from Hawaii’s be a disaster. we want to keep it secret. If there is (Mr. ABERCROMBIE) outrage at that. Nobody can seriously doubt that the anything that all of us Members of And the Republican leadership of the world is a better place without Saddam Congress have come to understand it is committee and the rank and file on the Hussein in power. But I think the evi- we have a responsibility to make sure committee took great delight in saying dence is clear that if we are not care- that this administration hides behind to the Democrats they just have to ask ful, and if we do not ask questions, if the truth no longer. questions and they can get answers and we do not have inquiries, we risk turn- Mr. ABERCROMBIE. Now that every- come back later this afternoon. This ing Iraq into a breeding ground for ter- one understands what the gentleman was last Thursday, September 25, and rorism. According to the Washington from Massachusetts (Mr. MEEHAN) was ask Paul Bremer and they will get all Times report, prepared by the Joint referring to in terms of what is called the information they need about the Chiefs of Staff, this is a comprehensive an adverse reaction, an adverse rec- administration’s plans in Iraq. And as I analysis of the Bush administration’s ommendation, I want to make sure said at the beginning of Iraq Watch to- postwar strategy. Everyone on this that everybody understands what is night, we went back and asked Mr. floor today knows that this adminis- going to come to the floor, and I think Bremer questions, and we did not get tration botched the planning for how the Committee on International Rela- answers at all. It was just more, We do to deal with postwar Iraq. tions had to deal with this issue the not know, we have got our plans and The only question we face now is, same way. our timetables but we will not tell you how can we fix it before more damage b 2310 what they are, and it is a sad day for is done? There is good reason to think Congress when we cannot get informa- What is coming out of the Committee that this report, if made public, would tion that we need to make a decision. help us to do that, because it looks at on Armed Services and what is coming Mr. MEEHAN. Madam Speaker, there the planning for the war and its after- out of the Committee on International was an amendment by the gentleman math through interviews with senior Relations, if I understand correctly, is from South Carolina (Mr. SPRATT) to- military officials. The report is in final the recommendation to all the Mem- night before the Committee on Armed form. According to the Washington bers when it comes to the floor to vote Services, and I know the gentleman Times, it was stamped that it is a final down, vote down a request for informa- from Connecticut (Mr. LARSON) can at- draft. I cannot understand why we tion that is vital to our understanding test to this, where all we are asking is would not get a copy, why the Com- the direction that we should take with how have they spent the $80 billion we mittee on Armed Services would not respect to Iraq and the post-war activi- have already sent to them. Where has get a copy, before we decide how to ties therein. this money gone? There is a con- handle the Bush administration’s re- Mr. DELAHUNT. Just trust us. That troversy around the country because quest for yet another $87 billion to se- is what the administration is saying. some leaders in this body and the other cure and rebuild Iraq. With everything Just trust us. body have said the money went for this we know now about the absence of in- Mr. ABERCROMBIE. Madam Speak- or the money went for that. Tell us telligence on weapons of mass destruc- er, more than that, there is going to be what has happened to the money. They tion and the failure to plan for a sig- a recommendation to vote down. That will not tell us. They do not want to nificant resistance, I do not think the is the recommendation. To me it seems tell us. The gentleman from Con- Bush administration is in any position that it would have been a far more necticut (Mr. LARSON) was there for now to ask us to trust them to give us straight-up approach to simply say, no, that debate on that amendment. They the information that we need. All of us we are not going to do it and take it do not want to justify the $80 billion on the Committee on Armed Services from there. But I know this is going to they have already spent. They want to have a responsibility to the Republic, strike the American people as an aw- pass another $87 billion before they to the Constitution, to get to the bot- fully strange way of doing business, even justify where the first $80 billion tom of the Bush administration’s plan- but I hope that the media will pay went. ning on Iraq and what went wrong. some attention, that we will be able to As the gentleman from Hawaii (Mr. bring attention hopefully through Iraq Mr. HOEFFEL. Madam Speaker, I ABERCROMBIE) would attest to, more Watch tonight to say tune in, listen in, yield to the gentleman from Con- than 6 months have gone by since the pay close attention when this vote necticut (Mr. LARSON). Joint Chiefs of Staff initiated this re- comes up in the House because for the Mr. LARSON of Connecticut. Madam port. Three months have gone by since first time in my memory, and, in fact, Speaker, I thank the gentleman from the draft was handed over to the De- next year I will be 30 years in public Pennsylvania and the gentlemen from partment of Defense stamped final service and I cannot ever recall an in- Massachusetts and Hawaii who have draft. And it has been 1 month since stance in which a legislative body been integral in organizing these night- the Washington Times has reported which is bound to determine what the ly hearings and providing the Amer- this. I do not see any reason why the policy of the Nation should be or what ican public with an opportunity they Pentagon should not be able to give the the State should be or whatever legis- otherwise would not receive to hear Congress of the United States this re- lative jurisdiction that it has actually about what is going on. port. We need it now, before we make is asked to turn down the opportunity I am fortunate, aside from serving on any decisions about another $87 billion to receive information that can help it the Committee on Armed Services, to as we are cutting back, this adminis- make a judgment. have recently traveled to Iraq with the tration, cutting back on health care for Mr. HOEFFEL. Madam Speaker, I gentleman from Pennsylvania (Mr. Americans, cutting back on veterans’ thank the gentleman from Hawaii (Mr. MURTHA), probably this body’s most services, $1.8 billion to make sure that ABERCROMBIE) for his comments. learned individual with regard to for- we meet our commitment to veterans Before yielding to the gentleman eign policy and military issues, espe- across this country, cutting back on from Connecticut (Mr. LARSON), I want cially as they relate to intelligence. We Head Start and other programs. We to compliment the gentleman from were very disturbed this evening to ought to know what this report says Massachusetts (Mr. MEEHAN) for wag- find in a partisan manner that we were before we move further. ing this fight with the gentleman from unable, as the gentleman from Penn- I was disappointed at what the Com- Connecticut (Mr. LARSON) in the Com- sylvania (Mr. HOEFFEL) has indicated, mittee on Armed Services did tonight mittee on Armed Services, and inform frustrated, in fact, by the fact that we because we reported that bill out with them that the gentleman from Massa- can just not even get information to an ought-not-to-pass the bill. I do not chusetts (Mr. DELAHUNT) and I waged come forward in this body. Even more know why the American people do not the same fight in the House Committee disheartening is the fact that appar- have a right to know what is in this re- on International Relations with the ently The Washington Post, CNN, the

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.123 H30PT1 H9028 CONGRESSIONAL RECORD — HOUSE September 30, 2003 Washington Times, and others have in- Mr. HOEFFEL. Madam Speaker, I people have not experienced it. So we formation that the United States Con- thank the gentleman from Connecticut are suffering on the domestic end be- gress cannot even obtain. (Mr. LARSON) for his comments and elo- cause there are Americans who are suf- I am particularly concerned because quence, and I want to thank the gen- fering with Social Security and lack of of our troops that are in the field; and tleman from Connecticut (Mr. LARSON) Medicare prescription drug benefits one would think at home that there and the gentleman from Massachusetts and lack of Medicaid, and lack of re- would be an accounting, recognizing (Mr. MEEHAN) for joining us in the Iraq sources to their schools. There are stu- that there is a creditability gap that Watch tonight from the Committee on dents who are telling me that they are exists here in this country with our Armed Services. They have reinforced not getting Pell grants. own people, clearly one around the us, and we are glad that they are here. What I want to see happen in this world, but with our own people and Before going to the gentleman from body is that I cannot vote, and I be- with our troops that we would be doing Massachusetts (Mr. DELAHUNT), I yield lieve that the Members of this Con- our very best to level with them. to the gentlewoman from Texas (Ms. gress are reasonable to ask for certain Let me explain that anecdotally I JACKSON-LEE), who has been waiting conditions, on the expenditure of the was before a group of Reservists and very patiently, her second appearance I $87 billion. I am going to be putting in National Guard families in Connecticut think with Iraq Watch and we welcome a resolution, a sense of Congress reso- last Thursday evening as the adjutant her back. lution to ask a simple question: would general from Connecticut struggled to Ms. JACKSON-LEE of Texas. Madam you simply bifurcate the vote, give us try to explain to them why their de- Speaker, I thank the distinguished gen- the expenditures or the requests as re- ployment has been extended. And un- tleman for his leadership on this issue, lates to the security and safety of our fortunately, the adjutant general gets and I think it is important to note that troops, whether it be equipment or about the same kind of information a singular theme that is appearing whether it be bullet proof vests, wheth- that Members of Congress do. And the amongst all of our Members, members er it be Hummers, whatever it might American people are beginning to un- of the Committee on Armed Services, be, give us that amount and let us all derstand that this administration sim- and members of the Committee on come running to the floor to support ply will not level with them. And International Relations is that we are that. Then, let us respond to the re- whether it is the deployment of our united in our respect and support for quest by the Committee on Inter- troops, whether it is the actual costs national Relations and the Committee that are involved, as the gentleman those troops that are on the frontlines in Operation Iraqi Freedom. on Armed Services on a detailed report from Massachusetts (Mr. MEEHAN) has I bring a different perspective as a of data that we have not been able to pointed out, whether it is an account- receive on the strategies that are tak- ing for the $80 billion already appro- member of the Select Committee on Homeland Security that some of my ing place in Iraq. priated, forget about the $87 billion I, for one, would like to have the fol- that they are asking for, and some are colleagues are also members of to real- ly ask the question to the American lowing, if I might share this with my saying it is more than that, but not colleagues, the gentleman from Penn- even being able to account for that in people and to explain why we all are on sylvania (Mr. HOEFFEL) in particular. a very reasonable amendment that was the floor because we do have an obliga- First of all, I said I want the separate put forward by the gentleman from tion, we have taken an oath of office, vote, and I think that is fair, so we can South Carolina (Mr. SPRATT). and that is to the American people and Tommy Franks in front of our com- as well our responsibility internation- understand what the $20 billion plus mittee made a very telling point that ally; and I have been asked by even my will be and, I think the administration should present the case, what will be the gentleman from Hawaii (Mr. ABER- constituents and I have asked them the next request? When will we have CROMBIE) observed. We queried him rhetorically do they feel safer today about whether or not these policies, than they felt before 9/11, the tragic in- the next request of $75 billion or more? some of the very issues contained in cident, and do they feel that this war I say this on the backdrop because I this report, the policies of preemption has placed America in a safer position. know my good friend, the gentleman from Hawaii (Mr. ABERCROMBIE) was and unilateralism, whether they are b 2320 working; and to be quite frank and here and that was during the Gulf War honest, he said, look, these are issues I hope that as they listen to our de- which was a war when we went in to that are above my pay grade. But I will bate and our inquiries that we are liberate Kuwait because Iraq had in- say this: there is a big difference be- making and the resolutions that were vaded Kuwait. But if we look at it mili- tween those who wave the flag and passed, though unfavorably out of the tarily or scientifically, the interesting those who salute the flag. Those who Committee on Armed Services and the point about that, I thought that was salute the flag, the men and women of Committee on International Relations, the greatest effort of coalition maybe our armed services have performed ex- they are really asking the question: are since World War II, when we had a coa- traordinarily for this Nation. They de- we better placed because of the war in lition that ranged across the spectrum, serve such a debt of gratitude to us; we Iraq. I would simply give a resounding across the regions of the world from as all should drop to our knees nightly ‘‘no.’’ far south as South America and we and thank them and praise them for So one of the requests that I am spent $62 billion on that war. The their effort. But those who are waving going to ask of all of my colleagues is United States spent $7.5 billion, $7.5 the flag over here, the neoconservative that we go home to our districts and billion and with no debt on that, but preemptive unilateralist movement hold forums or town hall meetings on we did what we needed to do and we did that has given this Nation a hard right this very question. Because I think the it with a coalition. turn away from the policies of deter- American people, the American public So I am asking for a separate vote, I rence, diplomacy, and containment and have been belt-tightening, they have to am asking for a direct exit strategy as towards the policies of preemption and keep budgets, they know they can only a condition, and I am asking to find unilateralism are taking the country spend their certain amount. They take out what is the plan for postwar Iraq. I in the wrong direction. All we are their certain amount in by salaries and would like to see a resolution to the doing is asking for information and then they spend a certain amount out. United Nations that would include the data that this country and this body I think they will understand that what number of allies, the troops, and the needs in order to make an informed de- we are doing in this debate on the $87 amount of monies that would be ex- cision. billion is putting conditions on the ex- pended. I believe still, a lot of people That is why I am so proud of our col- pending of these dollars. We are put- said to me, well this is bygones be by- leagues who have come here nightly to ting conditions on it, primarily be- gones. We are in Iraq because of the ad- make sure that the American public at cause we respect the American people ministration; specifically, Secretary least know that this is not a Congress and their pocketbook. Rumsfeld. Because I am not indicting that is sleeping. It is just a Congress We already know this administration my colleagues; this is the separate that has been muffled by virtue of the has given a reckless tax cut to the 1 branch of government that provides fact that we are in the minority. percent rich, and most of the American oversight and receives its information

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.124 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9029 from the administration and does it in are hearing is there are not too many next to me at a weekend event Satur- a way that each of us have to rely upon favorable fans, allies trying to join us. day a father who had lost his 19-year- the truth and the integrity of each I think the administration owes the old. He was sitting next to one of our body of government. We were presented United States military, the United well-known POWs who suffered, evidence that there were weapons of States Congress, and the American Shoshanna Johnson. He got a chance to mass destruction and there was a need people a commitment that they will sit next to her. He happened to be a for a preemptive attack against Iraq. I have new, fresh allies coming in to help constituent of the gentlewoman from cannot let that be bygones. maintain the peace, provide troops and Ohio (Mrs. JONES). And without the de- I think if we present this in the way money. I believe that it is extremely tails of it, he just simply wanted to sit that the American people understand; important, and I join my colleagues in next to someone who had returned. His maybe in the way they raise their chil- saying this, that we condition any ex- son did not. She happened to have dren. Maybe a child has done a bad act. penditures, and it is a shame on our known his son and was able to share The parent does not just say they did a friends who do not see that this is the with him some of those, unfortunately, bad act. If they are parenting that responsibility of this Congress to stand last hours of his life. The parent was child, they bring them in and they say, up on behalf of the American people. I just grappling to have some connection can you explain, Johnny, why did you hope we will do this, and I hope we will to that young boy who no longer lives, have to do this? Why did you think this go out and listen to our constituents as who had a future. was the right way to go? So that in the well. I am disturbed by commentators, parent’s discipline of that child, you Mr. HOEFFEL. Madam Speaker, I media, administrations saying it has can do it in a way that is instructive yield to the gentleman from Massachu- been 200. No, this is not Vietnam. We and it does not happen again. They setts. lost, as I understand it, 50,000. But came, the administration came to this Mr. MEEHAN. Madam Speaker, we what we are trying to do on behalf of Congress and indicated to us that there have a simultaneous war on Afghani- the American people is to not have this were weapons of mass destruction stan and Iraq, and I will be brief, but I be a Vietnam. In Afghanistan we hear pointed toward the United States. had to call a family today in my dis- that the Taliban is reorganizing and Let me share with my colleagues the trict. Evan O’Neill, a 19 year old, great coming back. claims of Vice President CHENEY who kid, was killed in Afghanistan, and I So that young man’s life was not in indicated in Meet The Press, whenever had to talk to his father, Mike. His vain, we have got to be able to ask the he was talking, that Iraq was reconsti- mother, Barbara is a nurse. His father hard questions of this administration: tuting its nuclear arms program, and is a firefighter in Andover, Massachu- What are you doing in Afghanistan to we continued to hear this over and over setts. A Vietnam war veteran, he was make sure that we have a victory and again. Well, my friends, let me just say injured himself. what are you doing in Iraq? Because fa- I think this has nothing to do with this. We have David Kay returning thers and mothers and relatives are partisan politics, but we have to think back from a long period of time in Iraq. coming and sitting next to people and about the uprising in Afghanistan of He has 1,400 weapons experts and he re- going to churches and synagogues and the Taliban and al Qaeda, and consider ports to George Tenet. And the basic parishes to try to find comfort about the fact that while we have the Taliban draft is going to suggest that the re- their deceased loved ones. We should on the run and while we have certainly port by the Americans leading the hunt not diminish what it means to lose a put a dent into al Qaeda, there are for banned weapons in Iraq says, his many in this chamber who have asked child. team has not found any of the uncon- That is why this discussion is so the question whether or not we could ventional weapons cited by the Bush vital, and that is why I think it is im- conduct 2 simultaneous wars. And I administration as a principal reason perative that we have answers from the just want to take a moment to reflect for going to war, Federal officials ac- administration to pay tribute to those on Evan O’Neill and his heroic fight for knowledge the findings and acknowl- our country in tracking down the who have given the ultimate sacrifice. Mr. HOEFFEL. Madam Speaker, I edged today. That is in a New York Taliban in al Qaeda. He gave the ulti- want to thank our colleague, the gen- Times report. mate sacrifice today: his life. Let me just say this as well. The The point I want to make is, and my tlewoman from Texas (Ms. JACKSON- team who spoke said that Mr. Kay’s colleagues recognize this, what we are LEE), particularly for her enumeration team had not found illicit weapons. talking about on this floor is serious of conditions that you want to see the They may have found precursors, but business. It is about life and death, and administration provide before we vote they found no illicit weapons. the decisions that we make and this for the requested money; and I think So I believe we have a 2-pronged re- administration make about war and that is a fundamental theme that we sponsibility. One, to condition the re- peace is about dollars, it is about in- have to provide for. quest for the $87 billion, as my col- vestment, but it is also about human Mr. STRICKLAND. I know my col- leagues and friends have been doing; life. And I, for one Member of Congress, league from Washington (Mr. INSLEE) explaining to the American people by am tired of having to talk to families has been waiting patiently and would going, spreading out across this Na- who have lost loved ones. like to speak. Can I just have 30 sec- tion, I want Republicans and Demo- On September 11 I had 31 of them onds? Then I will hear what my good crats to do it, because I want them to from my district. We have to think friend and colleague has to say. know that there are people in all dis- about these issues. One of the reasons Mr. HOEFFEL. If the gentleman tricts who are concerned about Reserv- why inquiry is important, discussion is from Washington does not mind, I will ists who have no time certain to come important is because this is serious yield the gentleman from Ohio (Mr. home, troops who have no time certain business, and it is about life and death. STRICKLAND). to come home, and a report that says And we owe constituents the responsi- Mr. STRICKLAND. What we just that by March 2004, we will not have bility of having an honest, intelligent, heard about this being serious business enough troops continue this if we do nonpartisan discussion about the issues is absolutely true. I was watching TV not get allies. that affect our country. not many days ago, and William Crys- Let me just simply close this portion Mr. HOEFFEL. Madam Speaker, I tal, who is one of those who beat the by saying this: we need friends. We want to thank the gentleman from war drums leading up to this war, said need a United Nations resolution that Massachusetts (Mr. MEEHAN) for put- something. I was so stunned by what he says these allies are joining us with ting a human face on what we are dis- said and I took a pencil and I wrote it troops and with money. Because it is cussing. I am happy to yield to the gen- down because I was so offended by it. clear that we only have 20,000 troops tlewoman from Texas (Ms. JACKSON- He said, ‘‘This is our war and we have from other countries in Iraq right now. LEE). just got to suck it up, spend some Those are the coalition of the willing, money, and take some casualties.’’ allegedly, and we thank them for their b 2330 I thought to myself, it is easy for efforts, but it is 20,000 very small coun- Just for a moment, Congress Meehan, him to sit in the safety of that TV stu- tries, including Britain. And what we I want to join you in that. I had sitting dio and talk like that. But what about

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.126 H30PT1 H9030 CONGRESSIONAL RECORD — HOUSE September 30, 2003 the moms and dads who this very night mocracy in Iraq, about how a constitu- tion to suggest any White House in- who are crying themselves to sleep, tion is going to be developed? Who is volvement, and that includes the Vice worrying about their sons and daugh- going to vote on it? How we are going President’s office as well,’’ close quote. ters who may be in harm’s way? to get this together? I will tell you Well, that is very curious. Because This is serious business. That is why what I saw. This weekend’s report out the day before that in the Washington we are here, and that is why I am look- of Iraq was that there is a deadlock be- Post, which you can buy for 25 cents, it ing forward to hearing what my good tween the Shias and the Sunnis and the is an incredible deal, maybe 35 cents friend and colleague, the gentleman Kurds about how to go forward; and now in Washington, I am sure they from Washington (Mr. INSLEE), has to they are making zero progress, unfor- have got it at the White House, which say to us. tunately. said, quote, yesterday, ‘‘A senior ad- Mr. HOEFFEL. Madam Speaker, I This administration has not shown us ministration official said that before yield to the gentleman from Wash- a plan to get from here to there, to Novak’s call, two top White House offi- ington (Mr. INSLEE), a regular partici- have a meaningful constitution with cials called at least six Washington pant in Iraq Watch. real democracy in Iraq; and we have journalists and disclosed the identity Mr. INSLEE. I went home to the Se- asked for it now for over 8 months. and occupation of Wilson’s wife.’’ attle area this weekend and got a real Show us the plan for getting democ- b 2340 earful from my constituents who in the racy in Iraq. And they want to send $87 words of this one veteran I talked to billion without a plan. It is a problem. That senior administration official of said, ‘‘You know, I know war is hell, Third issue I want to mention, I the Bush administration went on to but it is double hell if you do not plan think this is very important, we need say, ‘‘Clearly it was meant purely and on what you are going to do in it and good ideas from Americans on how to simply for revenge,’’ the senior official after it.’’ And I got an earful from my go forward in Iraq. But when Ambas- said of the alleged leak. constituents who were concerned that sador Joe Wilson at the request of the The President of the United States this administration, in at least Federal CIA went to Africa as a patriotic duty needs to demand by 5 o’clock tomorrow employee respects, has not done ade- and discovered that the claim that that his senior people answer to him, quate planning on how we are going to Saddam was buying uranium from Afri- not just the Justice Department, to move forward in Iraq. ca was patently false and reported it to him, whether they had anything to do I want to talk about those three. the CIA, and despite the fact that the with this to get this issue resolved. We First, I met with a group of reservist CIA told the White House it was false, have got problems in Iraq. We do not families and active duty families who and the President of the United States need this distraction, and the Presi- tonight are worried about their sons stood right there and told us that in dent needs to get to the bottom of this and their husbands and their wives in fact Saddam was buying uranium from right now, pronto, so we do not have 2 Iraq. They live with this 24 hours a day Africa even though our CIA knew that years of investigations. worrying about if they are going to get that was false, and Ambassador Joe Mr. HOEFFEL. Madam Speaker, I that phone call, and they told me that Wilson does his patriotic duty by writ- thank the gentleman from Washington they were offended at the lack of plan- ing an article in the New York Times (Mr. INSLEE) for bringing up this very ning that has gone into the deploy- blowing the whistle on this falsehood, important matter about Mr. WILSON. I ments that their families have been in- which the President of the United assume the gentleman understands volved with, post-war. They told me States now agrees was false and should about what he was describing. The that they were told they would be never have been in the State of the blowing of a CIA cover is a Federal of- home in 4 months, then 6 months, that Union address, what did this adminis- fense. It is illegal. It is dangerous and they would be 8 months in country and tration do? Did it write him a thank wrong and morally reprehensible. 12 months overall; and now they have you letter for pointing out that they Madam Speaker, I yield to the gen- changed the rule that they have to be made a huge mistake preceding this tleman from Massachusetts (Mr. 12 months in Iraq, in country, past the war? Did they recommend the Congres- DELAHUNT). time of retirement of some reservists. sional Medal of Honor for stepping for- Mr. DELAHUNT. Madam Speaker, I They told me that they believe this ward when he knew he was going to get want to thank the gentleman from is because there essentially was a gross nothing but flak from people in a very Washington (Mr. INSLEE) for bringing misunderstanding, understanding of contentious issue? this up. what was going to happen in Iraq, That is not what this administration I would close by saying it is abso- where we were told we would be wel- did. This administration, we are now lutely obligatory for the administra- comed with rose petals and kisses and told, tried to punish his wife who we tion to recognize and to insist, in con- parades. As a result of that, those are told works for the CIA by blowing sultation with Attorney General mothers and sisters and brothers and her cover, calling Robert Novak who Ashcroft, to go forward and to appoint wives and husbands tonight are wor- printed a story identifying her as a CIA a special counsel, because any decision rying about their family members get- agent, to punish an American who that is reached by the Department of ting home; and they want some an- brought the truth to this country. Justice, clearly, will raise questions as swers about how we are going to take That attitude has got to stop real to, not just its thoroughness, but care of reserves. quick. And we are appreciative that whether it was done to protect certain Let me tell you one thing that this there is now, belatedly, after 2 months, individuals, whomever they may be, in administration needs to work with us apparently going to be an investigation the White House. on: How are we going to increase the about this potential crime. But this is Sometime in the near future, if there incentive for these families to deal not enough. is no action to appoint a special coun- with these incredibly long deploy- Let me mention something to you: I sel, I know that the gentleman from ments? That is why this administra- do not think the President has done Massachusetts (Mr. MEEHAN), and I am tion made a mistake putting millions enough on this. I heard him speak sure the gentlewoman from Texas (Ms. of dollars into this $87 billion to estab- today, and I appreciate his interest in JACKSON-LEE) and myself, who serve on lish a zip code in Iraq but not a dime to it, but his spokesperson says we do not the Committee on the Judiciary, will improve the health care for our reserv- need an internal review of this. In file a resolution expressing the sense of ists, and we are going to make an ef- other words, the President is not going Congress that there ought to be a spe- fort on this floor to improve that situa- to demand of people that he wants to cial counsel in this case. tion because that is where our priority know by 5:00 tomorrow whether he or This is not an administrative matter. needs to be. she was the person who talked to Rob- This is far more serious than just a Second issue where they are seri- ert Novak. He is not going to do that. simple felony. I agree with the Presi- ously deficient is they are asking us to And the reason is, the President’s sec- dent’s father, who uttered these words, spend $87 billion in the hopes of estab- retary said, quote, on September 29, this is President George Herbert Walk- lishing a democracy in Iraq. But have 2003, ‘‘There has been nothing, abso- er Bush, ‘‘I have nothing but contempt you seen the plan for establishing de- lutely nothing brought to our atten- and anger for those who betray the

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.128 H30PT1 September 30, 2003 CONGRESSIONAL RECORD — HOUSE H9031 trust by exposing the names of our Mr. PALLONE, for 5 minutes, today. H.R. 3161. To ratify the authority of the agents. They are, in my view, the most Mr. STUPAK, for 5 minutes, today. Federal Trade Commission to establish a do- insidious of traitors.’’ Mr. CONYERS, for 5 minutes, today. not-call registry. This is about treason. This is not a H.R. 3087. To provide an extension of high- Mr. DAVIS of Illinois, for 5 minutes, way, highway safety, motor carrier safety, simple misdemeanor. This is not about today. transit, and other programs funded out of having the President take someone Mr. EMANUEL, for 5 minutes, today. the Highway Trust Fund pending enactment into the wood shed and admonish him Ms. NORTON, for 5 minutes, today. of a law reauthorizing the Transportation or her. The American people have to Ms. JACKSON-LEE of Texas, for 5 min- Equity Act for the 21st Century. understand that there are no traitors utes, today. f in this administration or in this White Ms. EDDIE BERNICE JOHNSON of Texas, ADJOURNMENT House. And that is going to be abso- for 5 minutes, today. lutely a precondition, to have an ap- (The following Members (at the re- Mr. HOEFFEL. Madam Speaker, I move that the House do now adjourn. pointment of a special counsel to main- quest of Mr. JONES of North Carolina) The motion was agreed to; accord- tain the integrity of the Presidency, of to revise and extend their remarks and ingly (at 11 o’clock and 45 minutes the executive branch, and the Depart- include extraneous material:) p.m.), the House adjourned until to- ment of Justice. Mr. OSBORNE, for 5 minutes, October morrow, Wednesday, October 1, 2003, at Mr. HOEFFEL. Madam Speaker, I 1. 10 a.m. thank the gentleman. I now yield to Mr. HENSARLING, for 5 minutes, the gentlewoman from Texas (Ms. today. f JACKSON-LEE). Mr. FEENEY, for 5 minutes, today and EXECUTIVE COMMUNICATIONS, Ms. JACKSON-LEE of Texas. Madam October 1. ETC. Speaker, I say to my colleague, let me Mr. BURTON of Indiana, for 5 minutes, Under clause 8 of rule XII, executive give a resounding yes. I believe that today, October 1 and 2. communications were taken from the the idea of a special counsel is long Mr. MORAN of Kansas, for 5 minutes, Speaker’s table and referred as follows: overdue. And I want to add to both the today. 4469. A letter from the Principal Deputy, gentleman’s intellectual analysis, but Mr. JONES of North Carolina, for 5 Department of Defense, transmitting a re- also his passion to the American peo- minutes, October 1. port on the Family Subsistence Supple- ple. Outing a CIA agent can be a ripple Mr. ROHRABACHER, for 5 minutes, mental Allowance (FSSA) program, covering effect to losing many, many lives of pa- today. the period October 1, 2001, through Sep- triotic Americans who are helping se- tember 30, 2002, pursuant to 37 U.S.C. 402(a)(f) f cure the homeland. That is what the Public Law 106—398, section 604(a); to the Committee on Armed Services. CIA represents. We based a war on the SENATE BILLS REFERRED 4470. A letter from the Attorney, RSPA, CIA. But it is clearly, I think, our obli- Bills of the Senate of the following Department of Transportation, transmitting gation to file a sense of the Congress titles were taken from the Speaker’s the Department’s final rule — Hazardous Ma- resolution on this matter. table and, under the rule, referred as terials: Approval Program for Certain Per- Mr. HOEFFEL. Madam Speaker, I follows: sons Performing Visual Requalification of yield to the gentleman from Hawaii DOT Specification Cylinders; Extension of S. 1244. An act to authorize appropriations Compliance Date [Docket No. RSPA-03-10373 (Mr. ABERCROMBIE). for the Federal Maritime Commission for fis- (HM-220D)] (RIN: 2137-AD86) received Sep- Mr. ABERCROMBIE. I think our cal years 2004 through 2008; to the Com- tember 23, 2003, pursuant to 5 U.S.C. time has concluded, but it is clear to mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- me this evening that we perhaps are ture. tation and Infrastructure. going to have to have more time. I am S. 1301. An act to amend title 18, United 4471. A letter from the Attorney Advisor, pleased that so many are joining us, States Code, to prohibit video voyeurism in Department of Transportation, transmitting and I hope we can take up that issue in the special maritime and territorial jurisdic- a report pursuant to the Federal Vacancies the future. tion of the United States, and for other pur- Reform Act of 1998; to the Committee on Mr. HOEFFEL. Madam Speaker, I poses; the Committee on the Judiciary. Government Reform. S. 1591. An act to redesignate the facility 4472. A letter from the Attorney, RSPA, thank the Members here tonight. Iraq of the United States Postal Service located Department of Transportation, transmitting Watch will be back next week. at 48 South Broadway, Nyack, New York, as the Department’s final rule — Pipeline Safe- f the ‘‘Edward O’Grady, Waverly Brown, Peter ty: Further Regulatory Review; Gas Pipeline Paige Post Office Building’’; to the Com- Safety Standards [Docket No. RSPA-02-13208; LEAVE OF ABSENCE mittee on Government Reform. Amdt.192-93] (RIN: 2137-AD01) received Sep- tember 23, 2003, pursuant to 5 U.S.C. By unanimous consent, leave of ab- f sence was granted to: 801(a)(1)(A); to the Committee on Transpor- Ms. ESHOO (at the request of Ms. ENROLLED BILL SIGNED tation and Infrastructure. 4473. A letter from the Attorney, RSPA, PELOSI) for today on account of family Mr. Trandahl, Clerk of the House, reported Department of Transportation, transmitting illness. and found truly an enrolled bill of the House the Department’s final rule — Pipeline Safe- Mr. REYES (at the request of Ms. of the following title, which was thereupon ty: Recommendations To Change Hazardous PELOSI) for today on account of per- signed by the Speaker. Liquid Pipeline Safety Standards [Docket sonal reasons. H.R. 3146. An act to extend the Temporary No. RSPA-97-2717; Amdt. 195-78] (RIN: 2137- Mr. BOEHLERT (at the request of Mr. Assistance for Needy Families block grant AD10) received September 23, 2003, pursuant DELAY) for today on account of attend- program, and certain tax and trade pro- to 5 U.S.C. 801(a)(1)(A); to the Committee on ing the funeral of the Hon. Donald J. grams, and for other purposes. Transportation and Infrastructure. 4474. A letter from the Trial Attorney, Mitchell. f FRA, Department of Transportation, trans- f BILLS PRESENTED TO THE mitting the Department’s final rule — Road- SPECIAL ORDERS GRANTED PRESIDENT way Maintenance Machine Safety [Docket No. FRA-2000-8156, Notice No. 2] (RIN: 2130- By unanimous consent, permission to Jeff Trandahl, Clerk of the House reports AB28) received September 23, 2003, pursuant address the House, following the legis- that on September 29, 2003 he presented to to 5 U.S.C. 801(a)(1)(A); to the Committee on lative program and any special orders the President of the United States, for his Transportation and Infrastructure. heretofore entered, was granted to: approval, the following bills. 4475. A letter from the Program Analyst, (The following Members (at the re- H.J. Res. 69. Making continuing appropria- FAA, Department of Transportation, trans- quest of Mr. STUPAK) to revise and ex- tions for the fiscal year 2004, and for other mitting the Department’s final rule — Air- tend their remarks and include extra- purposes. worthiness Directives; Robert E. Rust Mod- H.R. 2657. Making appropriations for the els DeHavilland DH.C1 Chipmunk 21, 22, and neous material:) Legislative Branch for the fiscal year ending 22A Airplanes [Docket No. 2000-CE-64-AD; Mr. HINCHEY, for 5 minutes, today. September 30, 2004, and for other purposes. Amendment 39-13291; AD 2003-17-16] (RIN: Mr. BROWN of Ohio, for 5 minutes, H.R. 2658. Making appropriations for the 2120-AA64) received September 23, 2003, pur- today. Department of Defense for the fiscal year suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. GREEN of Texas, for 5 minutes, ending September 30, 2004, and for other pur- mittee on Transportation and Infrastruc- today. poses. ture.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K30SE7.130 H30PT1 H9032 CONGRESSIONAL RECORD — HOUSE September 30, 2003 4476. A letter from the Program Analyst, Mr. TAUZIN: Committee on Energy and goal of preventing diabetic foot complica- FAA, Department of Transportation, trans- Commerce. H.R. 1260. A bill to amend the tions and lower extremity amputations, and mitting the Department’s final rule — Air- Federal Food, Drug, and Cosmetic Act to es- for other purposes; to the Committee on En- worthiness Directives; McDonnell Douglas tablish a program of fees relating to animal ergy and Commerce. Model MD-11 and MD-11F Airplanes [Docket drugs (Rept. 108–287). Referred to the Com- By Mr. CASTLE (for himself and Mr. No. 2002-NM-74-AD; Amendment 39-13287; AD mittee of the Whole House on the State of HOEFFEL): 2003-17-12] (RIN: 2120-AA64) received Sep- the Union. H.R. 3204. A bill to require the Secretary of tember 23, 2003, pursuant to 5 U.S.C. Mr. SENSENBRENNER: Committee of the Treasury to mint coins in commemora- 801(a)(1)(A); to the Committee on Transpor- Conference. Conference report on S. 3. An act tion of the tercentenary of the birth of Ben- tation and Infrastructure. to prohibit the procedure commonly known jamin Franklin, and for other purposes; to 4477. A letter from the Program Analyst, as partial-birth abortion (Rept. 108–288). Or- the Committee on Financial Services. FAA, Department of Transportation, trans- dered to be printed. By Mrs. JO ANN DAVIS of Virginia: mitting the Department’s final rule — Air- H.R. 3205. A bill to provide for a report on worthiness Directives; Airbus Model A300 B2 f the parity of pay and benefits among Federal and B4; A300-B4-600, A300-B4-600R, and A300 PUBLIC BILLS AND RESOLUTIONS law enforcement officers and to establish an F4-600R (Collectively Called A300-600); A310; exchange program between Federal law en- A319; A320; A321; A330; and A340 Series Air- Under clause 2 of rule XII, public forcement employees and State and local law planes; Equipped with PPG Aerospace Wind- bills and resolutions were introduced enforcement employees; to the Committee shields [Docket No. 2002-NM-50-AD; Amend- and severally referred, as follows: on Government Reform. ment 39-13289; AD 2003-17-14] (RIN: 2120-AA64) By Mr. KENNEDY of Minnesota (for By Mr. DEFAZIO: H.R. 3206. A bill to provide for the convey- received September 23, 2003, pursuant to 5 himself, Mr. ROSS, Mr. HOUGHTON, ance of a small parcel of Bureau of Land U.S.C. 801(a)(1)(A); to the Committee on and Mr. SIMMONS): Management land in Coos County, Oregon, to Transportation and Infrastructure. H.R. 3197. A bill to provide for the reim- the Oregon International Port of Coos Bay, 4478. A letter from the Program Analyst, bursement of air fare costs incurred by mem- and for other purposes; to the Committee on FAA, Department of Transportation, trans- bers of the United States Armed Forces for Resources. mitting the Department’s final rule — Im- domestic travel while on leave from deploy- By Mr. HASTINGS of Washington: proved Flammability Standards for Thermal/ ment overseas in support of Operation Iraqi H.R. 3207. A bill to direct the Secretary of Acoustic Insulation Materials Used in Trans- Freedom and Operation Enduring Freedom; the Interior to conduct a study on the pres- port Category Airplanes [Docket No. FAA- to the Committee on Armed Services. ervation and interpretation of the historic 2000-7909; Amdt. Nos. 25-110, 91-275, 121-289, By Mr. YOUNG of Alaska (for himself, 125-43, 135-85] (RIN: 2120-AG91) received Sep- sites of the Manhattan Project for potential Mr. OBERSTAR, Mr. LATOURETTE, and tember 23, 2003, pursuant to 5 U.S.C. inclusion in the National Park System; to Ms. NORTON): the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- H.R. 3198. A bill to amend the John F. Ken- By Mr. HENSARLING (for himself, Mr. tation and Infrastructure. nedy Center Act to authorize appropriations 4479. A letter from the Program Analyst, SESSIONS, Mr. PORTER, Mr. BARTLETT for the John F. Kennedy Center for the Per- FAA, Department of Transportation, trans- of Maryland, Mr. TOWNS, Mr. SCOTT forming Arts, and for other purposes; to the mitting the Department’s final rule — Dis- of Georgia, Mr. MARKEY, Mr. VITTER, Committee on Transportation and Infra- position of Comments to Final Rules: Noise Ms. HOOLEY of Oregon, Mr. GARRETT structure. Certification Standards for Subsonic Jet and of New Jersey, Mr. TAYLOR of North By Mr. RAMSTAD: Subsonic Transport Category Large Air- Carolina, Mr. SHIMKUS, Mr. MARIO H.R. 3199. A bill to expand the Rest and Re- planes; Transition to an All Stage 3 Fleet DIAZ-BALART of Florida, Ms. cuperation Leave program for members of Operating in the 48 Continguous United BORDALLO, and Mr. ROGERS of Ala- the Armed Forces serving in the Iraqi the- States and the District of Columbia; and, bama): ater of operations in support of Operation Equivalent Safety Provisions for Fuel Tank H.R. 3208. A bill to ensure that the travel Iraqi Freedom to include travel and trans- System Fault Tolerance Evaluations (SFAR and transportation allowances provided in portation to the members’ permanent sta- 88) [Docket Nos. FAA-2000-7587, FAA-2002- connection with rest and recuperative leave tion or home; to the Committee on Armed 12771, and FAA-1999-6411] (RIN: 2120-AI01) re- granted to a member of the Armed Forces Services. ceived September 23, 2003, pursuant to 5 serving in Iraq or Afghanistan cover travel By Mr. HAYWORTH: U.S.C. 801(a)(1)(A); to the Committee on to and from the permanent duty station or H.R. 3200. A bill to expand the travel and Transportation and Infrastructure. home of record of the member, not simply to 4480. A letter from the Program Analyst, transportation allowances available to mem- and from a port of entry in the United FAA, Department of Transportation, trans- bers of the Armed Forces granted leave States; to the Committee on Armed Services. mitting the Department’s final rule — Re- under the Rest and Recuperation Leave pro- By Mr. OSBORNE: ports by Carriers on Incidents Involving Ani- gram for Operation Iraqi Freedom and Oper- H.R. 3209. A bill to amend the Reclamation mals During Air Transport [Docket No. ation Enduring Freedom to cover travel and Project Authorization Act of 1972 to clarify FAA-2002-13378; Amendment No. 119-9] (RIN: transportation to the members’ permanent the acreage for which the North Loup divi- 2120-AH69) received September 23, 2003, pur- station or home of record; to the Committee sion is authorized to provide irrigation water suant to 5 U.S.C. 801(a)(1)(A); to the Com- on Armed Services. under the Missouri River Basin project; to mittee on Transportation and Infrastruc- By Mr. ANDREWS (for himself and Mr. the Committee on Resources. ture. MCGOVERN): By Mr. WALDEN of Oregon: 4481. A letter from the Program Analyst, H.R. 3201. A bill to amend title 10, United H.R. 3210. A bill to authorize the Secretary FAA, Department of Transportation, trans- States Code, to provide for the award of a of the Interior, acting through the Bureau of mitting the Department’s final rule — Re- military service medal to members of the Reclamation, to conduct a water resource vised Requirements for Material Strength Armed Forces who served honorably during feasibility study for the Little Butte/Bear Properties and Design Values for Transport the Cold War era; to the Committee on Creek Subbasins in Oregon; to the Com- Airplanes [Docket No. FAA-2002-11345; Amdt. Armed Services. mittee on Resources. No. 25-112] (RIN: 2120-AH36) received Sep- By Mr. ANDREWS: By Mr. YOUNG of Alaska (for himself tember 23, 2003, pursuant to 5 U.S.C. H.R. 3202. A bill to amend title 38, United and Mr. OBERSTAR): 801(a)(1)(A); to the Committee on Transpor- States Code, to require that employers of H.R. 3211. A bill to amend title 49, United tation and Infrastructure. members of the National Guard and the re- States Code, to provide for stable, produc- 4482. A letter from the Program Analyst, serve components of the Armed Forces who tive, and efficient passenger rail service in FAA, Department of Transportation, trans- are called to active duty continue to offer the United States, and for other purposes; to mitting the Department’s final rule — Spe- health care coverage for dependents of such the Committee on Transportation and Infra- cial Air Traffic Rules in the Vicinity of Los members, and for other purposes; to the structure. Angeles International Airport [Docket No.: Committee on Veterans’ Affairs, and in addi- By Mr. SHUSTER: FAA-2002-14149; SFAR No. 101] (RIN: 2120- tion to the Committee on Armed Services, H.R. 3212. A bill to provide additional funds AH92) received September 23, 2003, pursuant for a period to be subsequently determined for deployment rotation and other relief for to 5 U.S.C. 801(a)(1)(A); to the Committee on by the Speaker, in each case for consider- United States troops serving in Iraq; to the Transportation and Infrastructure. ation of such provisions as fall within the ju- Committee on International Relations, and risdiction of the committee concerned. in addition to the Committee on Armed f By Mr. BAKER (for himself, Mr. Services, for a period to be subsequently de- REPORTS OF COMMITTEES ON MCCRERY, Mr. JOHN, Mr. termined by the Speaker, in each case for PUBLIC BILLS AND RESOLUTIONS NETHERCUTT, Mr. JEFFERSON, Mrs. consideration of such provisions as fall with- MCCARTHY of New York, and Mr. in the jurisdiction of the committee con- Under clause 2 of rule XIII, reports of FALEOMAVAEGA): cerned. committees were delivered to the Clerk H.R. 3203. A bill to amend the Public By Mr. HASTINGS of Florida: for printing and reference to the proper Health Service Act to authorize grants for H. Res. 381. A resolution expressing the calendar, as follows: education, screening, and treatment with the sense of the House of Representatives that

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the United States Postal Service should JOHNSON of Illinois, Ms. CARSON of In- H. Res. 382. A resolution expressing the issue a postage stamp commemorating the diana, Mr. FARR, Mr. SCHIFF, Mr. sense of the House of Representatives con- Fisk Jubilee Singers; to the Committee on ROSS, Mr. SANDLIN, Ms. NORTON, Mr. cerning war crimes committed by Japan dur- Government Reform. MOORE, Mrs. MCCARTHY of New York, ing World War II and the liability of Japa- By Mr. HONDA (for himself, Mr. UDALL Mr. FRANK of Massachusetts, Mr. nese companies to former prisoners-of-war of New Mexico, Mr. TAYLOR of North MCINTYRE, Mr. MATHESON, Mr. LAN- used by such companies as slave labor during Carolina, Mr. RODRIGUEZ, Mr. FROST, TOS, Mr. ENGEL, and Mr. SKELTON): World War II; to the Committee on Inter- Ms. LOFGREN, Mr. ABERCROMBIE, Mr. national Relations.

VerDate jul 14 2003 04:15 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\L30SE7.100 H30PT1 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, SEPTEMBER 30, 2003 No. 136 Senate (Legislative day of Monday, September 29, 2003)

The Senate met at 9:15 a.m., on the U.S. SENATE, Also, today the Appropriations Com- expiration of the recess, and was called PRESIDENT PRO TEMPORE, mittee will be marking up the emer- to order by the Honorable JOHN E. Washington, DC, September 30, 2003. gency supplemental request for Iraq’s To the Senate: SUNUNU, a Senator from the State of Under the provisions of rule I, paragraph 3, security. It is my intention to turn to New Hampshire. of the Standing Rules of the Senate, I hereby the consideration of that measure as appoint the Honorable JOHN E. SUNUNU, a soon as it is available. Rollcall votes PRAYER Senator from the State of New Hampshire, are therefore possible today and The Chaplain, Dr. Barry C. Black, of- to perform the duties of the Chair. throughout the remaining sessions this fered the following prayer: TED STEVENS, week as we consider and complete our President pro tempore. Let us pray: business with respect to the Iraq sup- Majestic God, our hope of eternity, Mr. SUNUNU thereupon assumed the plemental. Chair as Acting President pro tempore. thank You for sunshine and cool The Senate will stand in recess from breezes. Thank You also for knowing f 12:30 p.m. to 2:15 p.m. today for the us and accepting us as we are. Make us RECOGNITION OF THE MAJORITY weekly party conferences. today instruments of Your glory. Help LEADER f each of us to pursue righteousness, The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME godliness, faith, love, perseverance, and pore. The majority leader is recog- The ACTING PRESIDENT pro tem- gentleness. Lord, take from us pride nized. and conceit that make us legends in pore. Under the previous order, the f our own minds. Fill our Senators with leadership time is reserved. Your spirit that their feet will not SCHEDULE f wander from the path of integrity. Give Mr. FRIST. Mr. President, this morn- EXECUTIVE SESSION them comfort and direction when they ing the Senate will immediately pro- are troubled or perplexed. Keep them ceed to executive session and vote on from selfishness and give them the two judicial nominations. The first NOMINATION OF MARCIA A. courage to live each day as Your chil- vote will be on the nomination of CRONE, OF TEXAS, TO BE dren and as brothers and sisters to one Marcia Crone, to be a United States UNITED STATES DISTRICT another. Whisper words of counsel for District Judge for the Eastern District JUDGE their moments of decision. We pray of Texas. The second vote will be on The ACTING PRESIDENT pro tem- this in Your holy name. Amen. the nomination of Ronald White to be a United States District Judge for the pore. Under the previous order, the f Eastern District of Oklahoma. Senate will proceed to executive ses- sion to consider the following nomina- PLEDGE OF ALLEGIANCE Following the two judge votes, the Senate will begin a period of morning tion, which the clerk will report. The Honorable JOHN E. SUNUNU, led business until 11:30 a.m. Following The legislative clerk read the nomi- the Pledge of Allegiance, as follows: morning business, the Senate will re- nation of Marcia A. Crone, of Texas, to I pledge allegiance to the Flag of the sume debate on H.R. 2765, the District be United States District Judge for the United States of America, and to the Repub- of Columbia appropriations bill. Eastern District of Texas. lic for which it stands, one nation under God, I reiterate that it is our desire to The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. complete the DC appropriations bill pore. Under the previous order, there f today. The managers have been here are now 2 minutes for debate equally awaiting further action on the bill; divided prior to the vote on the nomi- APPOINTMENT OF ACTING however, Members have not come for- nation. PRESIDENT PRO TEMPORE ward with their amendments. If Sen- The Senator from Texas. The PRESIDING OFFICER. The ators have concerns regarding the leg- Mrs. HUTCHISON. Mr. President, it clerk will please read a communication islation, if Senators disagree with the is my pleasure to speak in support of to the Senate from the President pro underlying bill, I hope they will offer the confirmation of Judge Marcia tempore (Mr. STEVENS). their amendments and allow the Sen- Crone. She is a native of Dallas and The legislative clerk read the fol- ate to decide the issue and ultimately alumna of the University of Texas. She lowing letter: complete this bill. will preside over a newly created seat

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

S12145

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VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.000 S30PT1 S12146 CONGRESSIONAL RECORD — SENATE September 30, 2003 in Beaumont where she has agreed she as a partner at the law firm of Andrews tion is, Will the Senate advise and con- will make her home and stay for the & Kurth, L.L.P. During her years in sent to the nomination of Marcia duration of her term. private practice Judge Crone rep- Crone, of Texas, to be United States I know she will serve with distinc- resented both individuals and corpora- District Judge for the Eastern District tion. Judge Crone is currently a U.S. tions, litigating primarily in the areas of Texas? Magistrate Judge in the Southern Dis- of labor law, employment law, products Mrs. HUTCHISON. Mr. President, I trict of Texas serving in that capacity liability, and commercial litigation. ask for the yeas and nays. since 1992. Judge Crone was appointed in 1992 as The ACTING PRESIDENT pro tem- Marcia was valedictorian of her high a Federal magistrate judge in the pore. Is there a sufficient second? school, Hillcrest High School in Dallas, Southern District of Texas. She has There appears to be a sufficient sec- a National Merit Scholar, and the val- presided over numerous trials in civil ond. edictorian of the University of Texas cases involving a wide range of issues, The clerk will call the roll. class of 1973. She also graduated first in including securities fraud, employment The legislative clerk called the roll. CCONNELL. I announce that her class from the University of Hous- discrimination, intellectual property Mr. M the Senator from Tennessee (Mr. ALEX- ton Law Center in 1978. rights, personal injury claims, contract Her outstanding educational accom- disputes, admiralty, civil rights, insur- ANDER) and the Senator from New Mex- plishments are also joined by accom- ance matters, social security appeals, ico (Mr. DOMENICI) are necessarily ab- plishments in her professional life. and prisoner litigation. In her more sent. Mr. REID. I announce that the Sen- After graduating from law school, she than 10 years on the Federal bench, ator from Delaware (Mr. BIDEN), the joined the Houston-based firm Andrews Judge Crone has authored approxi- Senator from Illinois (Mr. DURBIN), the & Kurth. Her specialities included mately 700 opinions. Senator from North Carolina (Mr. ED- product liability, breach of contract, Judge Crone devotes substantial WARDS), the Senator from Florida (Mr. oil and gas, and securities law. She be- amounts of time to programs men- GRAHAM), the Senator from Vermont came a partner in that firm where she toring students from the three local (Mr. JEFFORDS), the Senator from Mas- remained until her appointment to the law schools, giving them the oppor- sachusetts (Mr. KERRY) and the Sen- Federal bench. tunity to serve as interns in her cham- ator from Connecticut (Mr. LIEBERMAN) Mr. President, is there another bers, judging mock trial and moot are necessarily absent. minute, or am I the only speaker? court competitions, and participating I further announce that, if present The ACTING PRESIDENT pro tem- annually in the American Bar Associa- and voting, the Senator from Massa- pore. One minute remains in opposi- tion’s Minority Judicial Externship chusetts (Mr. KERRY) would vote tion. The Senator’s time has expired. Program. She previously served on the board of directors of the southeast ‘‘yea.’’ Mrs. HUTCHISON. Mr. President, I The ACTING PRESIDENT pro tem- ask unanimous consent, if there is no Texas Chapter of the National Multiple Sclerosis Society and has performed pore. Are there any other Senators in opposition, to take the final minute. the Chamber desiring to vote? The ACTING PRESIDENT pro tem- volunteer work for a local adoption agency. The result was announced—yeas 91, pore. Without objection, it is so or- nays 0, as follows: dered. I have no doubt that Judge Crone’s [Rollcall Vote No. 369 Ex.] Mrs. HUTCHISON. Mr. President, as elevation to the district court will YEAS—91 a U.S. Magistrate, Judge Crone has greatly benefit the Eastern District of presided over a number of civil and Texas. I urge my colleagues to join me Akaka Dodd McConnell Allard Dole Mikulski criminal cases, ranging from employ- in supporting her nomination. Mr. CORNYN. Mr. President, I rise in Allen Dorgan Miller ment discrimination to pretrial ar- Baucus Ensign support of the nomination of Judge Murkowski raignments and detention hearings in Bayh Enzi Murray Marcia A. Crone to serve as U.S. Dis- Bennett Feingold felony cases. In her more than 10 years Nelson (FL) trict Judge in the Beaumont Division Bingaman Feinstein Nelson (NE) on the Federal bench, she has authored Bond Fitzgerald Nickles of the Eastern District of Texas. Boxer Frist approximately 700 opinions, over 130 of Pryor Judge Crone is an outstanding nomi- Breaux Graham (SC) which are published. She is an active Reed nee with a fine legal mind and fair ju- Brownback Grassley Reid member of the Houston community dicial disposition. She has served as a Bunning Gregg and bar association. She serves on the Burns Hagel Roberts U.S. magistrate judge in the Southern Rockefeller board of directors of the Garland Walk- Byrd Harkin District of Texas since 1992. During her Campbell Hatch Santorum er Inn of Court and is a mentor to tenure on the Federal bench thus far, Cantwell Hollings Sarbanes Houston area law school students. She she has already authored approxi- Carper Hutchison Schumer Chafee Inhofe Sessions is also active in her church. mately 700 opinions, over 130 of which Marcia Crone meets the high stand- Chambliss Inouye Shelby are published. Prior to her service as a Clinton Johnson Smith ards to which we hold all Federal U.S. magistrate judge, she practiced Cochran Kennedy Snowe judges, and she has quite an impressive law for 14 years. Coleman Kohl Specter record. I am pleased that JOHN CORNYN, She is an active member of several Collins Kyl Stabenow the other Senator from Texas, joins me Conrad Landrieu Stevens legal organizations in the Houston Cornyn Lautenberg Sununu in supporting the nomination of Marcia area. She is a native Texan and a Corzine Leahy Talent Craig Crone, and I urge our colleagues to join mother of two. And she is an active Levin Thomas Crapo Lincoln us. Voinovich participant in her community. She is a Daschle Lott Warner I yield the floor. member of the Chapelwood United Dayton Lugar Wyden Mr. HATCH. Mr. President, I am Methodist Church, the Houston World DeWine McCain pleased to speak in support of Marcia Affairs Council, and the P.T.A. at Sec- NOT VOTING—9 Crone, who has been nominated to the ond Baptist School, and a former mem- Alexander Durbin Jeffords U.S. District Court for the Eastern Dis- ber of the board of directors of the Na- Biden Edwards Kerry trict of Texas. tional Multiple Sclerosis Society. Domenici Graham (FL) Lieberman Judge Crone received a bachelor of In short, Judge Crone is an out- The nomination was confirmed. arts degree, summa cum laude, from standing nominee with solid creden- f the University of Texas at Austin, tials and a reputation of fairness and graduating with a 4.0 grade point aver- impartiality. I support her nomination, NOMINATION OF RONALD A. age and as valedictorian in 1973. She and look forward to her distinguished WHITE, OF OKLAHOMA, TO BE then graduated first in her class from service on the bench of the Eastern UNITED STATES DISTRICT the University of Houston Law Center District of Texas, where the citizens of JUDGE FOR THE EASTERN DIS- in 1978, receiving a juris doctor degree, Beaumont need her good legal judg- TRICT OF OKLAHOMA summa cum laude. After graduating ment and wisdom. The PRESIDING OFFICER (Mr. from law school, she entered private The ACTING PRESIDENT pro tem- SMITH). Under the previous order, the practice, first as an associate and later pore. All time has expired. The ques- clerk will report the next nomination.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.003 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12147 The assistant legislative clerk read I heartily endorse him. Bush this year, which is the same num- the nomination of Ronald A. White, of Mr. HATCH. Mr. President, I rise ber as Republicans allowed in all of Oklahoma, to be United States District today to express my unqualified sup- 1995. With the two confirmations we ex- Judge for the Eastern District of Okla- port for the nomination of Ronald pect this morning, we will have con- homa. White to the Eastern District of Okla- firmed more judicial nominees of this The PRESIDING OFFICER. Under homa and to urge my colleagues to President this year than in 5 of the 6 the previous order, there are now 2 confirm this fine nominee. years of Republican control of the Sen- minutes for debate equally divided. Mr. White is a distinguished liti- ate. The Senator from Oklahoma. gator. After graduating from the Uni- At the conclusion of the confirma- Mr. NICKLES. Mr. President, I am versity of Oklahoma law school in 1986, tion votes today, a total of 60 judicial happy to recommend, along with Sen- Mr. White joined the law firm of Hall, nominees of President Bush will be ator INHOFE, the nomination of Ron Estill, Hardwick, Gable, Golden & Nel- confirmed this year, in addition to the White to be United States District son in Tulsa. His practice has focused 100 confirmations during 17 months of Judge for the Eastern District of the on litigation in the areas of tort and the Democratic majority in the Senate. State of Oklahoma. insurance defense, medical mal- This number of confirmations, 160, is Ron White has been a partner in a practice, corporate litigation, ERISA, significantly higher than Republicans prestigious law firm in Tulsa, OK, for and telecommunications. Mr. White is allowed by the third year of President 17 years. He is eminently qualified. a well respected legal practitioner in Clinton’s second term, the most recent He has considerable experience in his home State and he will make a fine Presidential term, when they allowed major corporate litigation in Tulsa addition to the Federal bench. 135 judicial nominees of that President with sixty percent of his court appear- The PRESIDING OFFICER. The Sen- to be appointed from 1997 through the ances taking place in Federal court. He ator from Vermont. end of 1999. That year, because the Re- is a man of outstanding individual Mr. LEAHY. Mr. President, with our publican chairman insisted that Presi- character, and the President could not votes on two more judicial nominees dent Clinton nominate Utahan Ted have picked a more qualified person for today, the Senate will have confirmed Stewart to the district court, no nomi- this job. 60 judges in the 15 months that Repub- nation hearings were even held until A native of Sapulpa, Ron is a 1983 Phi licans have controlled the Senate ma- the summer. In all, during the prior 6 Beta Kappa graduate of the University jority. In 17 months, when the Demo- years of Republican control of the Sen- of Oklahoma. He earned his Juris Doc- crats were in the majority, we con- ate, 248 of President Clinton’s district torate (Cum Laude) from the Univer- firmed 100 judges. So that means be- and circuit court nominees were con- sity of Oklahoma College of Law in tween those confirmed under Repub- firmed but more than 60 were blocked 1986, where he was a member of the lican leadership—60—and the 100 under form getting confirmation votes. Order of the Coif Honor Society. Democratic leadership, we now have Despite this recent history, Demo- Ron is also very active in his commu- confirmed 160 in less than 3 years. crats have supported the confirmation nity as a member of both the Philbrook Incidentally, it approaches the 4-year of 160 of President Bush’s judicial Museum of Art Masters Society and total of President Reagan’s first term. nominees. As Senator FRIST observed the Tulsa Ballet Founders Society. In I have expedited confirmation of an- on the floor of the Senate last week addition, he is on the Board of Direc- other Oklahoma nominee, as I accom- when six additional judicial nominees tors of the Margaret Hudson Program, modated Senator NICKLES with four were confirmed: ‘‘Again, steady an organization that helps pregnant nominees when I was chairman, and I progress has been made with respect to teens and young mothers finish high am happy to accommodate him now. these judicial nominations.’’ The num- school. I hope the leadership will look to the ber of confirmations in the two home Ron has been admitted to the Okla- two much needed nominees for the States of the nominees being voted on homa Supreme Court, the U.S. District Southern District of California. That is today supports that observation of the Court for Northern, Western, and East- the most overworked district in the en- majority leader. ern Districts of Oklahoma, and the tire Nation. For some reason, the lead- We have already confirmed 13 district U.S. Court of Appeals. Furthermore, he ership has not brought them up. court judges to the State of Texas and has been rated ‘‘unanimously quali- I wish they would. They should be today we vote on the 14th judge ap- fied’’ by the American Bar Association. considered on an expedited basis. pointed to the Federal trial courts in Ron is exceptionally qualified to Last night, the Senate unanimously Texas, Magistrate Judge Marcia Crone. serve as Eastern District Judge for the confirmed Judge Carlos Bea of Cali- Despite her 11 years of service in the State of Oklahoma. The judicial sys- fornia to a lifetime position on the Southern District of Texas, Magistrate tem and our nation as a whole will ben- United States Court of Appeals for the Judge Crone earned a partial ‘‘Not efit from his service. Senator INHOFE Ninth Circuit. He is the 29th circuit qualified’’ rating from the American and I are pleased to recommend con- court nominee of President George W. Bar Association, ABA. In all, 23 of firmation of Ronald A. White to the Bush to be confirmed. With this num- President George W. Bush’s judicial Senate. ber of confirmations, we have reduced nominees have received minority or The PRESIDING OFFICER. The Sen- the number of vacancies we inherited majority ratings of ‘‘Not qualified’’ ator from Oklahoma. in the summer of 2001 in 8 of the 13 cir- from the ABA, which is cause for con- Mr. INHOFE. Mr. President, I don’t cuit courts and the number of vacan- cern. Sometimes we are able to deduce think there is any doubt but Ronald cies in the other 5 courts has not in- the basis of those ratings, but some- White is one of the most qualified creased, despite more than a dozen ad- times we cannot. It is too bad that the nominees that we have been able to act ditional vacancies that have arisen ABA will not provide us with the facts on and confirm. since then. In contrast, during the and factors behind such ratings. With- In addition to that, he comes from Clinton administration, Republicans out that information and based on the my hometown of Tulsa. I know him allowed the number of circuit court va- record we have before us, Magistrate well and I know what he does. This is cancies to more than double, increas- Judge Crone garnered the bipartisan a generous person. He is famous for ing the number of vacancies on 9 of the support of the Judiciary Committee. taking indigent cases and not charging 13 circuit courts. Magistrate Judge Crone is nominated fees. As I mentioned last night, the Senate to 1 of the 15 new seats Democrats cre- The Margaret Hudson Program is a has confirmed 12 circuit court nomi- ated to address increased caseloads program to give alternatives to preg- nees of President Bush in this year around the country, and once she is nant teens, and he gives his free legal alone, which is more circuit court con- sworn in there will be no vacancies in counsel to that. firmations than Republicans allowed in the district courts in Texas, a situation He is the type of person certainly de- 5 of the 6 full years they controlled the that Republicans would not allow when serving from his own personal lifestyle Senate during the Clinton administra- a Democrat was in the White House. In as well as his professional qualifica- tion. Last night, the Senate confirmed fact, had Democrats not created 15 new tions. the 58th judicial nominee of President seats on the Federal courts when we

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were in the majority last year, there lican leader refused to schedule a vote main vacant for 51⁄2 years, like many would be fewer than 30 vacancies in the on the nomination. Justice White’s other judicial vacancies that arose Federal courts today. As it stands, nomination languished on the floor when a Democrat was in the White with the confirmations today, there from May 1998 until the end of that House and Republicans last controlled will be 44 vacancies on the Federal year. He was renominated by President the confirmation process. bench, the lowest level reached for this Clinton in January 1999, and the Re- I ask for the yeas and nays. President and indeed the lowest num- publican chairman refused to place his The PRESIDING OFFICER. Is there a ber of vacancies since 1990. name on the calendar for a vote for 6 sufficient second? Similarly, with the confirmation of months. Once his nomination was re- Ronald White to the district court in ported out favorably a second time the There is a sufficient second. Oklahoma, Democrats will have sup- Republican leader again delayed a vote The question is, Will the Senate ad- ported the confirmation of a judge to a on his nomination for about 3 months. vise and consent to the nomination of vacancy that arose last Thursday. Sen- Then, in a surprise move following a Ronald A. White, of Oklahoma, to be ator NICKLES has been eager to fill this Republican caucus meeting in October United States District Judge for the vacancy, which occurred just four busi- 1999, Justice White nomination was de- Eastern District of Oklahoma. ness days ago and we are accommo- feated with every Republican voting in The clerk will call the roll. dating him. When I chaired the com- lock-step against his confirmation, The assistant legislative clerk called mittee we similarly worked hard to without warning and even though some the roll. confirm four judicial nominees to va- of these Senators had previously voted Mr. MCCONNELL. I announce that cancies in Oklahoma. to report his nomination favorably to the Senator from Tennessee (Mr. ALEX- I must express concern, however, the Senate. Senator Ashcroft maligned ANDER) and the Senator from New Mex- that the Republican leadership has Justice White as ‘‘pro-criminal,’’ even ico (Mr. DOMENICI) are necessarily ab- chosen to move Mr. White’s nomina- though Justice White’s record in crimi- sent. tion to such a short-lived vacancy nal and death penalty cases on the Mis- Mr. REID. I announce that the Sen- ahead of the nominees to the Southern souri Supreme Court was better than ator from North Carolina (Mr. ED- District of California, seats that have some of Senator Ashcroft’s appointees WARDS), the Senator from Florida (Mr. been greatly needed for years. During to that court when he was governor. GRAHAM), the Senator from Vermont the last period of Republican control of When President Bush nominated John (Mr. JEFFORDS), the Senator from Mas- the Senate, they refused to create seats Ashcroft to be Attorney General the sachusetts (Mr. KERRY), and the Sen- in California to address the growing outrageousness of the attack on Jus- ator from Connecticut (Mr. LIEBERMAN) crisis to that border court. As a con- tice White was one of the issues we ex- are necessarily absent. sequence, this Federal court in San plored. Senator SPECTER apologized to Diego has the highest caseload per Justice White for the way he was treat- I further announce that, if present judge in the Nation, by a significant ed by the Senate. and voting, the Senator from Massa- margin; senior judges have been called Of course, more than 60 of President chusetts (Mr. KERRY) would vote into continued service handling a large Clinton’s other judicial nominees were ‘‘yea.’’ number of cases; and one retired judge never allowed a confirmation vote of The PRESIDING OFFICER. Are there even passed away in the midst of the any kind. Those 63 other nominations any other Senators in the Chamber de- stressful and pressing caseload of that were scuttled by Republicans in the siring to vote? court. Republican neglect was part of dark of night, through secret or anony- The result was announced—yeas 93, their efforts to deny a Democratic mous objections. This was their pre- nays 0, as follows: President and any opportunity to fill ferred modus operandi. Republicans [Rollcall Vote No. 370 Ex.] those much-needed judgeships. I hope perfected the art of delay by defeat for that the Republican leadership will President Clinton’s circuit and district YEAS—93 turn to the southern California nomi- court nominees, blocked 63 while con- Akaka DeWine Lugar Allard 1 Dodd McCain nees it has now skipped without more firming 248 in the 6 ⁄2 years of Senate Allen Dole McConnell delay. control. Baucus Dorgan Mikulski Finally, I note that Mr. White is re- I think if is time that fair-minded Bayh Durbin Miller ceiving far more favorable bipartisan Republicans acknowledge those Clin- Bennett Ensign Murkowski Biden Enzi Murray consideration than the last Ronald ton nominees who were blocked from Bingaman Feingold Nelson (FL) White to be nominated to the U.S. Dis- getting votes, nominations that con- Bond Feinstein Nelson (NE) trict Court. Mr. White of Oklahoma is stituted 20 percent of all judicial nomi- Boxer Fitzgerald Nickles Breaux Frist Pryor being confirmed within 4 months of his nees in those 6 years. That record Brownback Graham (SC) Reed nomination, while Missouri Supreme stands in stark contrast to ours, with Bunning Grassley Reid Court Justice Ronnie White waited 28 160 of President Bush’s judicial nomi- Burns Gregg Roberts months for a confirmation vote. Jus- nees confirmed in less than 3 years, Byrd Hagel Rockefeller Campbell Harkin Santorum tice White, who now serves with dis- with only three blocked so far. The Cantwell Hatch Sarbanes tinction as the Chief Justice of the Senate’s record on President Bush’s ju- Carper Hollings Schumer Missouri Supreme Court, was nomi- dicial nominations is now 160 to 3. The Chafee Hutchison Sessions Chambliss Inhofe Shelby nated by President Clinton to the Fed- Republican record on President Clin- Clinton Inouye Smith eral district court in June of 1997. The ton’s judicial nominees is 248 to 63. The Cochran Johnson Snowe White House consulted at length with facts demonstrate how effectively Re- Coleman Kennedy Specter the home-state Senators and other offi- publicans prevented confirmation votes Collins Kohl Stabenow Conrad Kyl Stevens cials in Missouri to find a consensus on judicial nominees, behind closed Cornyn Landrieu Sununu nominee and chose Justice White who doors and in secret. Democrats have Corzine Lautenberg Talent was the first African American to serve voted and continue to vote on Presi- Craig Leahy Thomas Crapo Levin Voinovich on the highest court in Missouri. Sen- dent Bush’s judicial nominees in the Daschle Lincoln Warner ator BOND supported Justice White’s light of day, with full discussion of the Dayton Lott Wyden confirmation and then-Senator serious concerns that surround the ex- Ashcroft advised that he would not treme nominees of this President. NOT VOTING—7 hold his nomination. With a Republican making nomina- Alexander Graham (FL) Lieberman Domenici Jeffords However, the Republican chairman tions, the Senate votes today to con- Edwards Kerry did not schedule a hearing for this dis- firm Mr. White of Oklahoma to a seat trict court nominee for almost a year. that has been vacant for less than a The nomination was confirmed. Then, after Justice White’s nomination week. With the delay and attack on The PRESIDING OFFICER. Under was reported favorably by the Judici- President Clinton’s nominee Justice the previous order, the President will ary Committee, which occurred almost White, Republicans were content to be immediately notified of the Senate’s a year after his nomination, the Repub- allow the Missouri District Court to re- action.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.008 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12149 LEGISLATIVE SESSION I guess probably no one in this body of the world, there are sizable re- The PRESIDING OFFICER. Under is more conservative than I am in sources that we hope will be part of the previous order, the Senate will re- terms of spending, in terms of govern- this rebuilding exercise, and indeed turn to legislative session. ment’s role and what we ought to be should be. doing, but I do recognize that when you President Bush has held the line on f have special things, whether it is your nondefense spending growth. In 2001, MORNING BUSINESS business or your family or your govern- the last budget before President Bush ment, then spending is done in a dif- took office, nondefense spending grew The PRESIDING OFFICER. Under ferent way. That is where we are. nearly 15 percent. He cut that growth the previous order, there will now be a The stakes are high in Iraq, cer- to 6 percent in 2000, less than 5 percent period for the transaction of morning tainly. It is the center front now for in 2003, and 2 percent in 2004. Obvi- business until the hour of 11:30 a.m., the war on terrorism. Critical work re- ously, there is always controversy and with the first half of the time under mains to be done in Afghanistan as different views and things that we the control of the Senator from Texas, well. Terrorists and regime remnants would like to do in our home States Mrs. HUTCHISON, or her designee, and are making a desperate attempt to and in our country. But, of course, ob- the remaining time under the control maintain themselves and continue in viously, they have to be balanced with of the Democratic leader or his des- these countries. The U.S. and its allies our ability to pay and our willingness ignee. are confronting them where they live to tax. Who yields time? and where they seek refuge, rather Today’s deficits are larger than any- The Senator from Wyoming. than leaving the terrorists in the safe body wants. No one wants deficits, but f havens where they would like to gather they are certainly still less than 5 per- SUPPLEMENTAL APPROPRIATIONS strength and resources and come back cent of the GDP and are manageable if REQUEST FOR IRAQ as they did before. we put them into a steady downward Our troops—no one would disagree, I path by strong economic growth and Mr. THOMAS. Mr. President, obvi- am sure—have to have the necessary spending restraints. These are the ously one of the issues before us and resources for the war on terror, and the issues with which we have to deal. the issue we will be grappling with for spending requests will give our troops Certainly, the war on terrorism has the remainder of the week—perhaps in Iraq and Afghanistan the equipment to be funded. Freeing Iraq is the key to longer—is the question of supporting they need to increase their safety and winning the terrorism war and vital to our troops in Iraq and continuing to security, which happens to be the most America. President Bush has asked for deal with the war on terror in Iraq and important thing for us. This includes $87 billion in emergency funding—a Afghanistan. Certainly everyone agrees funding to replace equipment used that large amount, of course. The major- that these things have to be done. was destroyed during combat oper- ity—$65 billion—will go to directly sup- There are different views as to how ations, to protect our forces, better port troops in Iraq and Afghanistan, they should be done. All of us have to housing for our troops deployed over- give them more resources that they review in our minds where we are, what seas, and enhanced pay, reflected in the need. Again, no one would argue the basic issues are that have us there, dangers that we face. against giving our troops what is nec- and certainly what is necessary to suc- Of course, we have been through essary for them to go forward. And $21 ceed in our efforts in the Middle East, these things before. Stabilizing Iraq billion would go to create a secure en- particularly in Iraq and Afghanistan. and Afghanistan will increase our secu- vironment. It is high, but as I men- We have before us a request for $87 rity at home and certainly help win the tioned, things have changed and we billion for the war on terror. That will war. need to do the job right and continue be dealt with this week, the division As we understand, the war was not to work at doing it. there between what is required for the just combat but to change things in From time to time we hear that military aspect and then what is re- that part of the world. The costs of there really wasn’t a plan or there is quired to complete our job in terms of fighting terrorists are significant, but not a plan. There is a plan and we are leaving Iraq and Afghanistan in the they still are a relatively small per- following it. One of the issues, of condition in which democracy and free- centage of the overall economy com- course, is time. I don’t know how you dom and a lack of terrorism will be pared to that of previous conflicts. Ac- could plan that anybody would have a where we are in the future. cording to an analysis done by USA definite timeframe in terms of a plan It is good to go back and review some Today, the cost of fighting the war is 5 for a place such as Iraq. But I think ideas. I would like to talk about where percent of the GDP compared to 30 per- Secretary Rumsfeld covered it well we have been, where we need to go to cent for World War II and 15 percent for when he commented some time back, a complete the task we undertook, and the Korean war. The $87 billion request few days ago. These are some of his talk a little about what we are seeking is less than 4 percent of our entire Fed- comments that I think are correct. He to do in terms of leaving Iraq in a posi- eral budget next year. Yet it is a crit- said the coalition has certainly, in less tion to govern itself and to support ical part of this stabilization area we than 5 months, racked up a series of freedom and peace, and about the fact are in. achievements in both countries and that we hear all the time that there Initial estimates of Iraq’s total need civil reconstruction that may be with- was no plan after combat was over. range from $50 billion to $75 billion. out precedent. Today in Iraq virtually That is not true. There is a plan. The The administration believes $20 billion all major hospitals and universities plan is in process. We certainly will represents our reasonable share as to have been reopened; hundreds of sec- continue to carry out that plan. We what we ought to be doing to put the ondary schools—until a few months need resources to do that. country back in reasonable shape, and ago many were used for weapons stor- All of us are concerned about spend- we expect the rest of the costs, of age—have been rebuilt and are ready ing. All of us are concerned about the course, to be filled by the international for the start of the fall semester. This deficit. We find ourselves in a deficit community, or by Iraq’s own reserves, is part of the plan to put these entities, situation for reasons that are fairly ap- which are potentially very large. of course, back into place. parent. It started, of course, with Sep- So these funds will be carefully tar- Fifty-six thousand Iraqis have been tember 11, which was something we had geted to the immediate security needs, armed and trained in just a few no control over, which increased spe- as well as the share of the critical in- months. They are contributing to the cial spending we would not otherwise frastructure that has to be replaced in security and defense of the country. have had. Then we were faced with an order to get the kinds of support there Today a new Iraqi army is being economic turndown which caused addi- that we are looking for. trained, and 40,000 Iraq police will join tional impacts on our deficit and the Iraq oil reserves are estimated at ap- with that army to conduct joint con- economy. Then, of course, we contin- proximately $12 billion in 2004 and $19 trols with the coalition. Contrast that ued to have more terrorism and our billion for each of 2005 and 2006. So un- to the 14 months it took to establish a troops in Iraq. like many of the countries in that part police force in postwar Germany and

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.011 S30PT1 S12150 CONGRESSIONAL RECORD — SENATE September 30, 2003 the 10 years it took to begin training a tion, equipment, making sure they it also means other businesses will crop new German army. have everything they need to do the up to service those oil wells and the de- Again, this is part of the plan to add job we are asking them to do over the livery of that oil. stability and provide the opportunity next year. I don’t think there is anyone We are talking about the beginning for Iraqis to be able to control their in this Congress who would deny the of an economy for Iraq. If we don’t put own country and their own people and President a dime of the money that is $20 billion into the rebuilding of Iraq, move forward. As security improves, so going to our troops to make sure they what will those people have to do? How does commerce. Five thousand small have everything they need to do one of can they start their economy from businesses have opened since the lib- the toughest jobs I have ever seen. scratch? How can they start the cre- eration on May 1. An independent Iraqi I was in Iraq and I was in Afghani- ation of jobs if the oil pipelines are central bank was established and new stan in August. In Iraq and Afghani- being held together with rags and can- currency was announced in just 2 stan, our troops are in harm’s way not deliver the oil? months. These are accomplishments every day—every moment, really. I It is a package of $87 billion that will which took years before in Germany. just woke up this morning to the news be for the security and support of our The Iraq governing council has been that two of our wonderful military per- troops, and for the rebuilding of Iraq formed and they appointed a cabinet of sonnel have been assassinated in Af- which, in turn, will allow our troops to ministers—again, something that took ghanistan. It is a very tough place. We leave earlier but with the knowledge years to do in other times. are having to deal with a Taliban that that the people of Iraq will have sta- So this is the plan and the movement has rejuvenated its efforts, and they bility, that Iraq will not be a breeding to get government back into place are now into drug dealing. They are ground for terrorism, and that they there, to have security for themselves, preying on the police in Afghanistan. If will have a justice system and a secu- to have people trained to do what has somebody doesn’t deal with them, they rity system in place with their own po- to be done in a country that is inde- are murdering them, assassinating licemen and their own army to protect pendent and standing alone. In major them because they want the drug their borders from the terrorists who cities and most of the towns, villages, trade. are infiltrating their borders from and municipalities, councils have been Why do they want the drug trade? Syria, Saudi Arabia, and Iran. formed to make the decisions on local They want the drug trade because that This is a very important bill, it is a matters. That is something that it is how they are going to finance the very important request from the Presi- took a great deal of time to do before, terrorist operations around the world. dent, and it is important that we give and you would imagine that it would. That is why they are trying to raise to the President what he needs to do But all this has taken place in just 5 money in this illicit way. What could the job Congress has given him the au- months. Again, I don’t think anybody be more important to the security of thority to do. Congress gave the Presi- can specifically say we are going to be our people than to stop the drug traf- dent the right to declare war on ter- done by the 14th of March in 2005, or ficking in Afghanistan and stop the rorism. Congress declared the war. The whatever, but we are moving very resurrection of the Taliban? President is implementing that war, quickly. There is a plan as to what In Iraq, we see on a daily and weekly and we are going to have to give him needs to be in place. The Iraqi people basis the harm our young men and the support he asks us to give. It would are providing intelligence now for our women are in. We need to make sure be unthinkable to walk away with the forces every day. Division commanders they have the capability to do the job job not yet completed. consistently report an increased num- we are asking them to do. That is what I am very pleased to be supportive of bers of Iraqis coming forward with in- the President is asking for, and that is the President and this effort, even telligence that makes it more likely what we will give him. though it is a difficult situation and a that we can find the terrorists and get The other $20 billion is what most lot of questions have been raised. them out of positions, and so on. So people are talking about. How much Mr. President, we have had a good be- there has been a great deal of advance- should we be giving to rebuild Iraq and ginning. We have had the beginning of ment. how should it be done? Those are the 6,000 individual reconstruction There has been great talk about the questions we are going to hear on the projects. Schools, universities, and hos- need for more troops. Those in the floor. The Appropriations Committee pitals have been opened. They are not military have declared that is not nec- right now is marking up the bill that up to the standards we hope they will essary. If we are going to have more, will come to the floor, hopefully to- be, but it was important for the Iraqi they need to come from other countries children to start school; it was impor- that are involved. The commander of morrow. This is a legitimate area of disagree- tant they have health care services. We the Marine division in the south area ment. Most certainly people can rea- decided to send home 15,000 troops and have gone in to augment the opening of sonably ask the question: Why are we explained if there is a point when he those facilities. putting $20 billion into Iraq? There are Iraq is also in the process of needs them, he can get them. So there things we need in America. transitioning to a governing council. hasn’t been the shortage that is felt by The first responsibility of the Con- We hope they will be able to form their the military. Again, we are moving forward and gress of the United States and the own government, create their own con- making some progress in that area. President is to provide for the security stitution, have representatives of their That is what it is all about—to con- of our people, to provide for a national people for whom they can vote. That is tinue to reach the visions that we have defense. This is national defense. If we what we hope to leave them. for Iraq and against terrorism. can stabilize Iraq and stop Iraq from We have made a very strong begin- I yield the floor. being a breeding ground for terrorism, ning. If we look at where we started, The PRESIDING OFFICER. The Sen- that is a United States security inter- which was absolutely a deteriorating ator from Texas. est. That is why putting the money infrastructure, we are making Mrs. HUTCHISON. Mr. President, I into the rebuilding of Iraq so that the progress. What we hear about in the thank the Senator from Wyoming. We people will be able to start having an news is very disconcerting. We hear are beginning a very important week. economy, and if they have electricity, about a terrorist putting a landmine in We are going to be talking about what water, and basic living conditions, we a road and it blows up one of our people is happening in Iraq and the Presi- also will begin to see the startup of or one of their people. We hear of ter- dent’s request for $87 billion and added business. We hope the oilfield infra- rorists tearing down the electricity funding. structure will be repaired or rebuilt. It grids and cutting the water supply. A lot of people are saying: Wow, $87 is in much worse shape than we ever This shows, if nothing else does, that billion. But it is important for us to thought it would be. We want to re- this is the terrorists’ last stand. They look at what that $87 billion is going to build the oil infrastructure so when the do not want the United States to suc- do. Iraqis get the oil out of the ground, it ceed. They do not want the Iraqi people First of all, $66 billion is for our will give jobs to the Iraqi people. They to have a stable lifestyle. They want troops. That is for our troop protec- will be able to use it and export it, but there to be foment and unrest. They

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.014 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12151 want people who are desperate for have been hampered, of course, by the No one wishes we were there. We all change. We are not going to let them remnants of the regime and foreign ter- wish the whole terrorism thing had not win. That is why this bill is so impor- ror groups that are there. It has been happened, but it has, and the Senator tant. very difficult, in the long term, to un- from Texas mentioned why we do not I am pleased to talk about the impor- derstand what these costs would be. want it to happen in our country. We tant accomplishments and the impor- What are other countries realisti- need to deal with terrorism where it tance of what we are doing in Iraq. The cally going to contribute to the recon- exists and not to let it happen here. I President and Congress must come to- struction effort, and what are the ex- am hopeful that this is an issue we can gether and do what is right for the se- pectations for the Madrid donor con- deal with, and deal with it in a timely curity of the American people, and ference? It seems as if there is now way. more support for doing something in doing what is right means we will give f the President the money which he has terms of restructuring than we had in asked for the rebuilding of Iraq and for the combat stage. We expect that many THE UNFINISHED AGENDA the protection and support of our members of the community will par- Mr. THOMAS. We have a lot of work troops in the field. ticipate, as well as some international to do. We have six or seven appropria- I thank the Chair and yield the floor. financial institutions and organiza- tions bills that we have passed. We The PRESIDING OFFICER. The Sen- tions, such as the United Nations. have 13 total to do. This is the last day ator from Wyoming. Quite frankly, when we start doing this of the fiscal year. We will have to pass Mr. THOMAS. Mr. President, I thank I believe we will see some of the Euro- a continuing resolution to go on into the Senator from Texas. She certainly pean economic interests there. Some of October, but we certainly need to con- expresses the view of at least all of us them were there before in a business tinue to work on that and get that on this side of the aisle in terms of the sense, and they will return again. We completed as soon as we can. It is very challenge we have before us and our have had discussions with these donors important we do that. willingness to take on that challenge individually, and they are planned for There are several other bills, of and to complete this task we have the conference. We also need to review course, that are pending that all of us begun in the protection of our country. the assessments being done by the U.N. feel strongly about. The Medicare bill There are probably a number of ques- What is our exit strategy? Again, is pending and we need to do something tions that are frequently asked with that is a very difficult issue, particu- with pharmaceuticals. There is a great regard to this issue. They should be larly on timing. We know what we difference of opinion as to how we do discussed, and indeed they have been want to accomplish, but it is not al- that. The bottom line is that every- discussed. So, frankly, I hope we do not ways easy to know how long it will body knows we need to do something string this issue out any longer than it take to achieve those kinds of things. for Medicare, particularly pharma- needs to be. We should have a reason- After 9/11, the President told the ceuticals, to make them available at a able debate and get on with what we American people that he would con- reasonable cost to as many people as need to do. I am very hopeful, as well, front the threats to our Nation before we possibly can. So those issues are that the idea of some of the discussion they reached our shores. Our troops are pending. is not designed to be political. Unfortu- performing a vital task right now, and I have a particular interest in energy nately, many issues do that. These are that is what they are doing. They are because of my committees and because genuine issues. They are not political liberators, not occupiers. We bring of where I live. Wyoming is an energy- issues. freedom to those oppressed people and production State. We look forward to Some of the questions that are asked: help the Iraqi people. It is interesting being able to do more of that. We are in Why can we not provide the resources that all we hear about are the difficult the process of an energy policy and had for the troops and let the Iraqis do times—and there are difficult times, planned to get that completed this their own thing with their infrastruc- and I understand that. The media, or week. The House and the Senate have whoever it is, speaks of those difficult ture? I think one of the differences we both passed energy bills. Most every- and tragic things at the top of the have, that we might not have with one knows we need an energy policy. news. The improvements that are being some other place, is Iraq has suffered We have not passed one for a good made and the support that is there is from decades of corruption and mis- many years, and things have changed not always as well understood as are management from Saddam, where he substantially. So we really need to deal the difficulties. built dozens of lavish palaces for him- So I think we are making good with it. One of the issues I believe is impor- self and his family and funded destruc- progress. As we have pointed out, in tant, that we are talking about, is an tion programs. He involved himself in just 5 months many things have hap- energy policy. We are not talking war in Kuwait, and he failed to invest pened that need to be done. The more about every detail. We are not talking in the country’s critical infrastructure. that happens, the more support we will As a result, more than $100 billion in have from the Iraqi people, and we can about everything tomorrow. We are debt is unable to be tapped for their begin to move rather soon. talking about an energy policy that own resources. The stability of Iraq We have enough forces in the region. will give us some guidance into where and Afghanistan is what is important That is always a question that is being we are 10, 15, 20 years from now. Obvi- so that they are no longer the breeding asked. I mentioned it before, but in the ously, things are going to change and grounds for terrorism. professional judgment of the military indeed have changed. We have seen a So it is important that we are helpful commanders, who are the ones who number of the problems: the blackouts, in restructuring the things that have really know, the 130,000 troops recently the cost of gasoline, the shortage of not been done for many years prior to in Iraq can carry out the mission. natural gas, the things that happened our involvement there. Some of the marines have been sent in California. Those are part of what Some ask: Why is rebuilding Iraq back to the United States, knowing we are talking about, but we are also costing more than the administration that if they are needed, of course, they talking about the future. In this bill, said it would? Has the administration could go there. we have things that have to do with re- been honest about their analysis of the One of the last figures I heard was newable energy, finding ways to use costs? about 25,000 troops from other coun- wind energy, finding ways to use eth- Again, that is a legitimate question. tries are there, and that is a good anol to extend the use of gas. We are Under Saddam, Iraq was one of the thing. Of course, we are dealing with talking about renewables. We are talk- most tightly controlled and secretive an action at the United Nations, so ing about doing some things with societies in the world. Until the coun- there will be more input from the hydro and making that more accessible try was liberated, it was hard to know United Nations into what we are doing, to much of the country. exactly how much internal damage or and I think that is good. Obviously, one of the questions we neglect had been suffered in everything So these are some of the questions have is how to move energy around the from the electrical grid to water and that are asked, and I think they are in- country. It has to do with the black- sewage. In addition, rebuilding efforts deed legitimate questions. outs and has to do with California. We

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.016 S30PT1 S12152 CONGRESSIONAL RECORD — SENATE September 30, 2003 are talking about, how transmission ferences and put together a national and Pakistan, Muslim countries, to can be operated, how to get new trans- energy policy. give more confidence to the Arab mission incentives to invest in trans- That is our challenge. I mention that world, or that we will work through an mission costs. We find ourselves in a to emphasize that hopefully we will not arrangement with the United Nations position of using more electricity, for be here forever. We will be able to ad- so that there will be some sharing of example, but not really keeping up pro- journ this session, hopefully in Novem- the burden of rebuilding Iraq, so that duction to meet our demands. In some ber sometime—early November, if we when it comes to the funding for the parts of the country—for instance, Wy- are lucky, or later. We have a lot to do military, there is universal agreement oming—where we have lots of coal, we prior to that time, but we can do it if and certainly my support for that ap- could generate a great deal of elec- we will bring it to the floor, if we have propriation. tricity, but then there has to be a way our legitimate concerns voiced in le- The issue as to rebuilding Iraq, I sub- to move it to the market. Those have gitimate debates, but not just hold up mit, stands on somewhat different been very difficult things. legislation for various political rea- terms. As I think through the issue of We have to have research. I men- sons. I think that makes us look ineffi- funding the rebuilding of Iraq, I think tioned coal. We ought to have more re- cient and unaware of what we have to about the analogy of a bankruptcy pro- search so we can ensure that coal is do, and we have a great deal to do. ceeding. There is no doubt that Iraq as clean and we can have clean air as we I believe our time has expired. Mr. a country is bankrupt. They have la- generate that fossil resource that is President, I yield the floor and suggest tent assets, sitting on the second larg- the most abundant resource we have in the absence of a quorum. est oil pool in the world, but they do fossil fuel. We need then, of course, in The PRESIDING OFFICER. The not have a government in existence. the shorter term, to continue to en- clerk will call the roll. They cannot function. They are bank- The assistant legislative clerk pro- courage production. We find ourselves rupt. ceeded to call the roll. When the argument is made that we almost 60 percent dependent on foreign Mr. SPECTER. Mr. President, I ask should not further burden Iraq beyond oil. We have a good deal of oil in our unanimous consent that the order for the $200 billion in debts which they country and we need to find ways to the quorum call be rescinded. extract more of that, keeping in mind The PRESIDING OFFICER (Mr. have at the present time, the analogy to bankruptcy would say that those at the same time the protection of the ENZI). Without objection, it is so or- environment. dered. debts are owed to creditors that are We can do that. There is ample evi- Mr. SPECTER. Mr. President, I fur- general creditors, unsecured. When dence we can do that. So we have to ther ask unanimous consent that I may there is a bankruptcy, there are no deal with things such as incentives for speak as in morning business. funds to pay those creditors. They unusual kinds of oil and gas that are The PRESIDING OFFICER. Without come last in line. If there are no funds, more expensive to discover and to objection, it is so ordered. they simply get no funds. On that subject, while not dispositive produce. We have to look at what we f can do with the potential resources in and not critical, I think it ought to be Alaska, for example, whether it be hav- FUNDING FOR IRAQ noted that some of these debts were in- ing gas available from there, build a Mr. SPECTER. Mr. President, I have curred in a context where the lending pipeline down so it is there, or whether sought recognition to discuss the pend- parties knew they were supporting a we talk about ANWR. These are places ing administration request for $87 bil- totalitarian and dictatorial regime where there are substantial sources of lion, including some $20 billion for the which had used chemical warfare on energy but they are not really avail- rebuilding of Iraq. At the present time, their own people, the Kurds, had used able to us. These are some of the things the Appropriations Committee is con- chemical weapons in the Iran-Iraq war, we need to talk about. sidering this request and soon the mat- a regime which was brutalizing the We had a bill last year in both ter will be on the floor. I urge my col- Iraqi people. Houses. We had a committee working leagues to give consideration to the In a very realistic sense, people who on it last year. We were not able to proposition that the $20 billion to be were loaning money to Saddam Hus- produce a policy. This year, the same advanced to rebuild Iraq ought to be in sein in a context knowing that is where thing is happening. We passed some- the form of either a loan or a loan the funds were going were accessories thing in the Senate; there was some- guarantee. I understand this is con- before the fact to some very heinous thing else passed in the House. We need trary to the administration’s position conduct. In a very fundamental way, as to put together the differences, and at the present time, but there may be a matter of public policy, they are not there are differences, quite a few in some receptivity in the administration entitled to be reimbursed for funds ad- terms of the amount of ethanol we use or, in any event, it is my thought that vanced in that context. and the subsidies that are there for the Congress ought to consider this as Some of those moneys are owed by ethanol. an alternative in the spirit of trying to way of reparations to Kuwait and oth- We have been talking about what to be helpful to the administration in ers. They stand on a somewhat dif- do about electricity and how much au- working through the very difficult ferent footing. But all of those funds thority they have in the Federal En- issues we are facing at the present are in a category, if it were a bank- ergy Regulatory Commission. That is time. ruptcy proceeding, of creditors that controversial—how we can develop There is no doubt that the appropria- would take no assets when there are no techniques, given regional differences tion for the military is a matter of ne- assets to be taken. There is a further in energy, without having the Federal cessity as it has been outlined by the argument advanced that if the United Government in charge of everything we President. There is a strong universal States makes loans, then there would do. These are called regional trans- commitment in the Congress to back- be no motivation or no leverage for the mission organizations, where the ing our troops. We compliment them United States to get other donor na- States can make the decisions within on the extraordinary job they have tions to make contributions. that for interstate movement. Then done in the military victory in Iraq, In a meeting, as I understand it, when you move between the RTOs, and we compliment them further on scheduled in Madrid for October 23, the there has to be some Federal involve- their ongoing efforts to try to restore United States will be pressing other ment. law and order, try to establish a peace nations to make contributions. If we These are some problems that are not to maintain. It is a highly regrettable are to have a chance to get contribu- insurmountable. We can get them done. situation that our military find them- tions from other nations, it seems to Of course, not everyone is going to selves in a position of being police, re- me that we ought not to make a blan- agree on every detail, but that is not sponsibilities for which they are not ket grant at the present time of $20 bil- uncommon in the Senate. We have to trained and responsibilities which lion but ought to condition any such give away some things. Some things ought to be undertaken by others. grant on getting cooperation and get- are different in Alabama or Oregon, It is my hope that there will be as- ting support from other countries. If and we need to reconcile those dif- sistance from countries such as Turkey the United States is to put up the $20

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.019 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12153 billion on our own without any com- if for little else. Under the watchful aspect of this bill on funding the De- mitments from other countries, there eye of others, we can discharge the fi- partment of Defense may not require is the inevitable sense that the other duciary duty as trustees, and we are immediate action, although I would countries say: Well, the United States good for our word, and we are honor- not delay it. I am prepared to move is doing it. They are putting up $20 bil- able, and we are there to help the Iraqi ahead this week and decide all of the lion. Let them put up that money and people. issues if we can resolve it this week. whatever else is required. While some may doubt that, we can I think there is time to give consider- So the argument that if we condition prove it, so that what we do would be ation to a structure of the loan or a the loans on collateral security or if we used for the benefit of the Iraqi people. loan guarantee. I have consulted with a condition the money on a loan situa- There are other ways we might find professor of bankruptcy to refresh my tion and look for collateral security somebody to contract with. It is my own recollection and my own knowl- that we will discourage other donors is hope the efforts now by Secretary of edge on the subject and have been told essentially fallacious. State Colin Powell to bring in a U.N. the concept, the analogy to a bank- The argument is also advanced that resolution will be successful. We have ruptcy, is solid; that there is another if we make loans, we will be rein- learned from our experience that it is concept of ‘‘creditor in possession,’’ forcing the view of the Arab world that regrettable we could not get the U.N. which would provide an analog in the only reason we went to Iraq was for Security Council to support our mili- bankruptcy law for us to operate. And the Iraqi oil. We are not utilizing the tary action. as we take a look and search through Iraqi oil for U.S. purposes. We are not Going back to October 11 of last year, the possibilities of finding someone to asking that the Iraqi oil be used to pay this Senator supported an amendment act on behalf of the Iraqi government, our military expenses. We are asking that would have gone back to the U.N. I am not suggesting the council that only that the Iraqi oil be used to re- to try to get more multilateral action. has been created has sufficient author- build Iraq—that is, to rebuild Iraq for It is true we led a number of nations— ity to contract; but perhaps if we ob- the Iraqi people. So that it just is not ‘‘the coalition of the willing’’—but it tain a resolution from the United Na- plausible that we could be legitimately was essentially the U.S. and Great tions, we might work in the Inter- charged. Britain. While it was not quite unilat- national Monetary Fund, or the World The PRESIDING OFFICER. The time eral, it didn’t have the level of multi- Bank, or we may be able to structure for morning business has expired. lateral activity which would have been some circumstance so the loan could be f desirable. It is nonnegotiable that our effectuated, or a loan guarantee could troops would not be under any com- be effectuated. EXTENSION OF MORNING mand other than the United States. My soundings in my State, and what BUSINESS But when it comes to the reorganiza- I hear from colleagues around the Mr. SPECTER. Mr. President, I have tion of Iraq and to what is going to country, is the American people have been asked by the leader to ask unani- happen in Iraq with respect to how con- grave questions about our policy in mous consent that morning business be tracts are going to be disbursed and the Iraq at the present time, questions extended until 12:30, with the time administration of Iraq, it is my hope about our military being in harm’s equally divided; provided further that the United States can show sufficient way, questions about the casualties the Senate then recess under the pre- flexibility to get other nations to par- and fatalities that are occurring, ques- vious order. ticipate. If the United Nations is in, tions about the United States advanc- The PRESIDING OFFICER. Is there there might be the structure of some- ing $20 billion to Iraq at a time when objection? Without objection, it is so one with whom to contract to have we have a very tight Federal budget. ordered. these loans instead of grants. I am ex- There is talk about the $20 billion, Mr. SPECTER. Mr. President, I note ploring the issue as to whether the some suggesting for additional domes- the Senator from New York is on the International Monetary Fund or the tic programs to offset $20 billion. I do floor. So I ask unanimous consent to World Bank might be able to come into not think now is the time, given the speak for just 10 additional minutes so the picture at least to have a quasi- kind of national debt and deficit we are as to not unduly burden my colleague. trustee status, someone who could looking at, to be adding more money to The PRESIDING OFFICER. Is there oversee the matter, perhaps even con- domestic spending. Within the past objection? tract on behalf of Iraq. These are mat- month, I defended on the floor the $137 Without objection, it is so ordered. ters to be explored. billion bill on Labor, Health, Human Mr. SCHUMER. I appreciate my col- I am advised that the International Services and Education and voted league’s courtesy. Monetary Fund is precluded from com- against many amendments I would like Mr. SPECTER. Mr. President, I will ing in in the absence of a sovereign, to have supported on increased edu- make my points and conclude within 10 but that if the U.N. passes a resolution, cation funding, health funding, or minutes. I was on the point that some there might be a sufficient basis for the worker safety funding. But managing may charge the United States is there International Monetary Fund to come that bill, I opposed those amendments looking for the benefits from Iraqi oil. in. In any event, these are complex- to stay within the budget resolution. So long as we use the proceeds for the ities. There are no easy answers. When we talk about a grant to Iraq benefit of the Iraqi people, I don’t It is my hope the Senate and the for $20 billion, there are inevitable think anybody can realistically make House will give consideration to trying questions on how much of that money that argument. to structure something that would be will go for schools in Iraq, contrasted One factor is difficult, and that is, on the basis of a loan, or perhaps a loan with how much money is going to be with whom would we contract to make guarantee. We have the precedent with going for school construction in the the loan? I must confess that gives me Israel. We are not making grants, we United States. So I think it would be some pause. When a trustee takes over, are making loan guarantees. Why an act of generosity to make loans, an a trustee is appointed by the court. If a should we do more for Iraq than we are act of generosity to make loan guaran- trustee takes over a company that has doing for Israel with the loan guaran- tees. I understand there is considerable been mismanaged, or where the direc- tees? support in this body to make an out- tors or officers have committed fraud, I know that time is a consideration right grant, but as we consider this the trustee has carte blanche to run and there is an effort to pass this ap- issue for the balance of the day and the the company—in this case, run the propriations bill this week. That may balance of the week, I ask my col- country. I believe it would be possible or may not happen. At a meeting of the leagues to give consideration to the for the United States to undertake chairmen yesterday, there was doubt possibility of making a loan or making what we are doing here, under the expressed as to whether it could be ac- a loan guarantee. watchful eye of others, because others complished this week. We do know we As a matter of interest, how much will be watching—we can count on the have passed the Defense appropriations time remains, Mr. President? French for that, if for little else, and bill so that the Department of Defense The PRESIDING OFFICER. The Sen- we can count on the Germans for that, has some $368 billion to operate. The ator has 15 seconds remaining.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.022 S30PT1 S12154 CONGRESSIONAL RECORD — SENATE September 30, 2003 Mr. SPECTER. I yield back that in the paper—I was outraged. I didn’t had cited as sources sought him out, eager to time. know who had leaked the information. let him know. And in journalism, that The PRESIDING OFFICER. The Sen- No idea. I am not an expert on the in- phrase is a term of art reserved for a vice president, cabinet officers, and top White ator from New York. ternecine rivalries among the various House officials. Mr. SCHUMER. Mr. President, I agencies, but the fact it was done just On July 17, Time magazine published the thank my colleague for his words and boiled my blood. So I wrote the FBI same story, attributing it to ‘‘government his thoughts. His sense of timing is ex- and asked Mr. Mueller to undertake an officials.’’ And on July 22, Newsday’s Wash- quisite, realizing he had only 15 sec- investigation of this act. The act, ington Bureau confirmed ‘‘that Valerie onds left. I always enjoy listening to make no mistake about it, is a very se- Plame . . . works at the agency [CIA] on him. I appreciate his remarks and weapons of mass destruction issues in an un- rious act. In fact, it is a crime, punish- dercover capacity.’’ More specifically, ac- thank him for his courtesy. able by up to 10 years in prison. cording to a ‘‘senior intelligence official,’’ f Why is it a crime? Why have this Newsday reported, she worked in the ‘‘Direc- body and the other body made this a torate of Operations [as an] undercover offi- APPOINTMENT OF SPECIAL crime? For obvious reasons. Our covert cer.’’ COUNSEL agents put their lives at risk for us In other words, Wilson is/was a spy in- Mr. SCHUMER. Mr. President, I every day. They are soldiers just like volved in the clandestine collection of for- came to the Chamber this morning be- eign intelligence, covert operations and espi- our brave young men and women in onage. She is/was part of a elite corps, the cause I thought we would be on the DC Iraq and around the globe. And in the best and brightest, and among those willing appropriations bill and was prepared to post-9/11 world, the world of terrorism, to take great risk for their country. Now she offer a sense-of-the-Senate amendment they are among our most important has herself been placed at great—and need- to that bill concerning the appoint- soldiers because we have learned intel- less—risk. ment of special counsel to conduct a ligence is key. When the name of an Why is the Administration so avidly leak- fair, thorough, and independent inves- ing this information? The answer is clear. agent is revealed, it is like putting a Former ambassador Wilson is famous, lately, tigation into a national security gun to that agent’s head. You are jeop- for telling the truth about the Bush Admin- breach. ardizing their life; in many cases, you istration’s bogus claim that Niger uranium I ask unanimous consent that my are jeopardizing the lives of the con- had gone to Saddam Hussein. And the Bush amendment be printed in the RECORD. tacts they have built up over the dec- Administration is punishing Wilson by tar- There being no objection, the mate- ades, and you are jeopardizing the se- geting his wife. It is also sending a message to others who might dare to defy it, and re- rial was ordered to be printed in the curity of America. So the seriousness Record, as follows: veal the truth. of this crime is obvious. No doubt the CIA, and Mrs. Wilson, have (Purpose: To express the sense of Congress When, in addition, we learned that it many years, and much effort, invested in her concerning the appointment of a special was done in all likelihood for a frivo- career and skills. Her future, if not her safe- counsel to conduct a fair, thorough, and lous, nasty reason—namely, that some- ty, are now in jeopardy. independent investigation into a national body was angry at Ambassador Wilson After reading Novak’s column, The Na- security breach) tion’s Washington Editor, David Corn, asked, for speaking the truth, at least as he ‘‘Did senior Bush officials blow the cover of At the appropriate place, insert the fol- saw it—I tended to agree with him. I lowing: a U.S. intelligence officer working covertly don’t think anybody disputes it. In SEC. ll. SENSE OF CONGRESS CONCERNING in a field of vital importance to national se- THE APPOINTMENT OF A SPECIAL fact, the administration has admitted, curity—and break the law—in order to strike COUNSEL TO CONDUCT A FAIR, the yellow cake sale from Niger to Iraq at a Bush administration critic and intimi- THOROUGH, AND INDEPENDENT IN- and the documents were, in fact, forged date others?’’ VESTIGATION INTO A NATIONAL SE- and the President was incorrect to use The answer is plainly yes. Now the ques- CURITY BREACH. tion is, will they get away with it? (a) FINDINGS.—Congress finds that— them in his State of the Union Address. Bits and pieces of information have (1) the national security of the United This was a way of getting back at him emerged, but the story is far from complete. States is dependent on our intelligence through his wife or perhaps to cower Nonetheless, what has surfaced is repulsive. operatives being able to operate undercover him to make sure he didn’t speak any If I thought I had seen dirty political tricks and without fear of having their identities further. Nasty. Not just nasty, it was as nasty and vile as they could get at the disclosed by the United States Government; like kneecapping. Nixon White House, I was wrong. The Amer- (2) recent reports have indicated that ad- In fact, John Dean, who has been ican Prospect’s observation that ‘‘we are very much into Nixon territory here’’ with ministration or White House officials may through this, just wrote an article in have deliberately leaked the identity of a this story is an understatement. covert CIA agent to the media; something called TruthOut Editorial. Indeed, this is arguably worse. Nixon never (3) the unauthorized disclosure of a covert The title is ‘‘The Bush Administra- set up a hit on one of his enemies’ wives. CIA agent’s identity is a Federal felony; and tion’’—that is assuming it was done by LEAKING THE NAME OF A CIA AGENT IS A CRIME (4) the Attorney General has the power to the administration, but that is what On July 22, Ambassador Wilson appeared appoint a special counsel of integrity and all the reports are—‘‘Adopts a Worse- on the Today show. Katie Couric asked him stature who may conduct an investigation than-Nixonian Tactic: The Deadly Seri- about his wife: ‘‘How damaging would this be into the leak without the appearance of any ous Crime of Naming CIA Operatives.’’ to your wife’s work?’’ conflict of interest. I ask unanimous consent that Mr. Wilson—who, not surprisingly, has refused (b) SENSE OF CONGRESS.—It is the sense of to confirm or deny that his wife was a CIA Congress that the Attorney General of the Dean’s article be printed in the operative—answered Katie ‘‘hypothetically.’’ United States should appoint a special coun- RECORD. He explained, ‘‘it would be damaging not just sel of the highest integrity and statute to There being no objection, the mate- to her career, since she’s been married to me, conduct a fair, independent, and thorough in- rial was ordered to be printed in the but since they mentioned her by her maiden vestigation of the leak and ensure that all RECORD, as follows: name, to her entire career. So it would be individuals found to be responsible for this [From TruthOut, Aug. 15, 2003] her entire network that she may have estab- heinous deed are punished to the fullest ex- lished, any operations, any programs or THE BUSH ADMINISTRATION ADOPTS A WORSE- tent permitted by law. projects she was working on. It’s a—it’s a THAN-NIXONIAN TACTIC: THE DEADLY SERI- Mr. SCHUMER. Mr. President, now I breach of national security. My under- OUS CRIME OF NAMING CIA OPERATIVES standing is it may, in fact, be a violation of am told the bill has been delayed be- (By John W. Dean) American law.’’ cause this amendment was going to be On July 14, in his syndicated column, Chi- And, indeed, it is. offered. I am going to talk about the cago Sun-Times journalist Robert Novak re- The Espionage Act of 1917 and the Intel- amendment and have a dialog with my ported that Valerie Plame Wilson—the wife ligence Identities and Protection Act of 1982 colleague from California. of former ambassador Joseph C. Wilson IV, may both apply. Given the scant facts, it is On July 23, I believe it was, when I and mother of three-year-old twins—was a difficult to know which might be more appli- covert CIA agent. (She had been known to cable. But as Senator Schumer (D.NY) said, read the Novak column that named in calling for an FBI investigation, if the re- high administration sources as reveal- her friends as an ‘‘energy analyst at a pri- vate firm.’’) ported facts are true, there has been a crime. ing the wife of Ambassador Wilson, Ms. Why was Novak able to learn this highly The only question is: Whodunit? Plame, as an agent—I hasten to add, I secret information? It turns our that he THE ESPIONAGE ACT OF 1917 don’t know if she is a covert agent. didn’t have to dig for it. Rather, he has said, The Reagan Administration effectively That is classified. But that is what was the ‘‘two senior Administration officials’’ he used the Espionage Act of 1917 to prosecute

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.025 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12155 a leak—to the horror of the news media. It relationship to the United States.’’ For per- As David Corn has pointed out, what was a case that instituted to make a point, sons with Top Secret security clearances, McClellan did not say, is even more telling and establish the law, and it did just that in that’s a no-brainer: They have been briefed, than what he said. He did not say he was try- spades. and have signed pledges of secrecy, and it is ing to get to the bottom of the story and de- In July 1984, Samuel Morrison—the grand- widely known by senior officials that the termine if it had any basis in fact. He did not son of the eminent naval historian with the CIA goes to great effort to keep the names of say the president would not tolerate such ac- same name—leaked three classified photos its agents secret. tivities, and was demanding to know what to Jane’s Defense Weekly. The photos were A final requirement relates to the ‘‘covert had happened. of the Soviet Union’s first nuclear-powered agent’’ herself. She must either be serving Indeed, as Corn points out, McClellan’s re- aircraft carrier, which had been taken by a outside the United States, or have served marks ‘‘hardly covered a message from Bush U.S. spy satellite. outside the United States in the last five to his underlings: don’t you dare pull crap Although the photos compromised no na- years. It seems very likely that Mrs. Wilson like this.’’ Indeed, they could even be seen as tional security secrets, and were not given to fulfills the latter condition—but the specific sending a message that such crimes will be enemy agents, the Reagan Administration facts on this point have not yet been re- overlooked. prosecuted the leak. That raised the ques- ported. Frankly, I am astounded that the Presi- dent of the United States—whose father was tion: Must the leaker have an evil purpose to HOW THE LAW PROTECTS COVERT AGENTS’ once Director of the CIA—did not see fit to be prosecuted? IDENTITIES have his Press Secretary address this story The Administration argued that the an- What is not in doubt, is that Mrs. Wilson’s with hard facts. Nor has he apparently called swer was no. As with Britain’s Official Se- identity was classified, and no one in the for an investigation—or even given Ambas- crets Acts, the leak of classified material government had the right to reveal it. sador and Mrs. Wilson a Secret Service de- alone was enough to trigger imprisonment Virtually all the names of covert agents in tail, to let the world know they will be pro- for up to ten years and fines. And the United the CIA are classified, and the CIA goes to States Court of Appeals for the Fourth Cir- tected. some effort to keep them classified. They This is the most vicious leak I have seen in cuit agreed. It held that such a leak might refuse all Freedom of Information Act re- be prompted by ‘‘the most laudable motives, over 40 years of government-watching. Fail- quests, they refuse (and courts uphold) to ure to act to address it will reek of a cover- or any motive at all,’’ and it would still be provide such information in discovery con- a crime. As a result, Morrison went to jail. up or, at minimum, approval of the leak’s oc- nected to lawsuits. currence—and an invitation to similar re- The Espionage Act, though thrice amended Broadly speaking, covert agents (and their venge upon Administration critics. since then, continues to criminalize leaks of informants) fall under the State Secrets classified information, regardless of the rea- privilege. A Federal statute requires that CONGRESSIONAL CALLS FOR INVESTIGATION son for the leak. Accordingly, the ‘‘two sen- ‘‘the Director of Central Intelligence shall be SHOULD BE HEEDED ior administration officials’’ who leaked the responsible for protecting intelligence Senator Dick Durbin (D–IL) was the first classified information of Mrs. Wilson’s work sources and methods from unauthorized dis- to react. On July 22, he delivered a lengthy at the CIA to Robert Novak (and, it seems, closure.’’ It is not, in other words, an option speech about how the Bush Administration others) have committed a federal crime. for the CIA to decide to reveal an agent’s ac- was using friendly reporters to attack its en- THE INTELLIGENCE IDENTITIES AND PROTECTION tivities. emies. He knew this well, because he was one ACT And of course, there are many good rea- of those being so attacked. ‘‘Sadly, what we have here,’’ Durbin told Another applicable criminal statute is the sons for this—relating not only to the agent, his colleagues, ‘‘is a continuing pattern by Intelligence Identities Act, enacted in 1982. but also to national security. As CIA Direc- this White House. If any Member of this Sen- The law has been employed in the past. For tor Turner explained in a lawsuit in 1982, ate—Democrat or Republican—takes to the instance, a low-level CIA clerk was convicted shortly after the Intelligence Identities Act floor, questions this White House policy, for sharing the identify of CIA employees became law, ‘‘In the case of persons acting in raises any questions about the gathering of with her boyfriend, when she was stationed the employ of CIA, once their identity is dis- intelligence information, or the use of it, be in Ghana. She pled guilty and received a cerned further damage will likely result prepared for the worst. This White House is two-year jail sentence. (Others have also from the exposure of other intelligence col- lection efforts for which they were used.’’ going to turn on you and attack you.’’ been charged with violations, but have plead- After Senator Durbin set forth the evi- THE WHITE HOUSE’S UNUSUAL STONEWALLING ed to unrelated counts of the indictment.) dence that showed the charges of the White ABOUT AN OBVIOUS LEAK The Act reaches outsiders who engage in House against him were false, he turned to ‘‘a pattern of activities’’ intended to reveal In the past, Bush and Cheney have gone the attacks on Ambassador and Mrs. Wilson. the identities of covert operatives (assuming ballistic when national security information He announced that he was asking the chair- such identities are not public information, leaked. But this leak—though it came from man and ranking member of the Senate In- which is virtually always the case). ‘‘two senior administration officials’’—has telligence Committee to investigate this But so far, there is no evidence that any been different. And that, in itself, speaks ‘‘extremely serious matter.’’ journalist has engaged in such a pattern. Ac- volumes. ‘‘In [the Administration’s] effort to seek cepting Administration leaks—even repeat- On July 22, White House press secretary political revenge against Ambassador Wil- edly—should not count as a violation, for Scott McClellan was asked about the Novak son,’’ Durbin said, ‘‘they are now attacking First Amendment reasons. column. Offering only a murky, non-answer, him and his wife, and doing it in a fashion The Act primarily reaches insiders with he claimed that neither ‘‘this President or that is not only unacceptable, it may be classified intelligence, those privy to the this White House operates’’ in such a fash- criminal. And that, frankly, is as serious as identity of covert agents. It addresses two ion. He added, ‘‘there is absolutely no infor- it gets in this town.’’ kinds of insiders. mation that has come to my attention or The House Intelligence Committee is also First, there are those with direct access to that I have seen that suggests that there is going to investigate the Wilson leak. ‘‘What the classified information about the ‘‘covert any truth to that suggestion. And, certainly, happened is very dangerous to a person who agents’’ who leak it. These insiders—includ- no one in this White House would have given may be a CIA operative,’’ Congressman Alcee ing persons in the CIA—may serve up to ten authority to take such a step.’’ Hastings (D–FL), a member of the Com- years in jail for leaking this information. So was McClellan saying that Novak was mittee, said. And the committee’s chairman, Second, there are those who are authorized lying—and his sources were not, in fact, Porter Goss (R–FL), a former CIA agent him- to have classified information and learn it, ‘‘two senior administration officials’’? self, said an investigation ‘‘could be part of and then leak it. These insiders—including McClellan dodged, kept repeating his a wider’’ look that his committee is taking persons in, say, the White House or Defense mantra, and refused to respond. at WMD issues. Department—can be sentenced to up to five Later, McClellan was asked, ‘‘Would the In a July 24 letter to FBI Director William years in jail for such leaks. President support an investigation into the Mueller, Senator Charles Schumer (D–NY) The statute also has additional require- blowing of the cover of an undercover CIA demanded a criminal investigation of the ments before the leak of the identity of a operative?’’ Again, he refused to acknowl- leak. Schumer’s letter stated, ‘‘If the facts ‘‘covert agent’’ is deemed criminal. But it edge ‘‘that there might be some truth to the that have been reported publicly are true, it appears they are all satisfied here. matter you’re bringing up.’’ When pressed is clear that a crime was committed. The First, the lead must be to a person ‘‘not further, he said he would have to look into only questions remaining to be answered are authorized to receive classified informa- ‘‘whether or not that characterization is ac- who committed the crime and why?’’ tion.’’ Any journalist—including Novak and curate when you’re talking about someone’s The FBI, too, has confirmed that they are Time—plainly fits. cover.’’ undertaking an investigation. Second, the insider must know that the in- McClellan’s statement that he would have But no one should hold their breath. So formation being disclosed identifies a ‘‘cov- to look into the matter was disingenuous at far, Congress has treated the Bush Adminis- ert agent.’’ In this case, that’s obvious, since best. This ten-day old column by Novak had tration with kid gloves. Absent an active in- Novak was told this fact. not escaped the attention of the White vestigation by a grand jury, under the direc- Third, the insider must know that the U.S. House. Indeed, when the equation was first tion of a U.S. Attorney or special prosecutor, government is ‘‘taking affirmative measures raised, McClellan immediately responded, an FBI investigation is not likely to accom- to conceal such covert agent’s intelligence ‘‘Thank you for bringing it up.’’ plish anything. After all, the FBI does not

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.012 S30PT1 S12156 CONGRESSIONAL RECORD — SENATE September 30, 2003 have power to compel anyone to talk. And Mr. REID. Mr. President, I have a Why will they not get to the bottom of unless the President himself demands a full question. Will the Senator yield? this? This, again, as my colleague has investigation, the Department of Justice is Mr. SCHUMER. I will be happy to said, is very likely a crime, and a seri- not going to do anything—unless the Con- yield to my colleague from Nevada for ous crime. gress uncovers information that embarrasses a question. them into taking action. I read my colleagues what President While this case is a travesty, it won’t be Mr. REID. Mr. President, I say to my Bush, Sr., the 41st President, said the first one that this administration has friend from New York, I have been at a about this type of crime. He ought to managed to get away with. Given the new meeting with the Iraqi Governing know because, of course, as we all nadir of investigative journalism, this ad- Council, and I was stunned when I know, he was head of the CIA before he ministration has been emboldened. And why came back to the Senate Chamber and was President. not? Lately, the mainstream media has was advised by my staff that we are no I have nothing but contempt and anger for seemed more interested in stockholders than longer on the DC appropriations bill. those who betray the trust by exposing our readers. If Congress won’t meaningfully in- We are suddenly in morning business sources. They are, in my view, the most in- vestigate these crimes—and, indeed, even if until our weekly caucuses. sidious of traitors. it will—it is the press’s duty to do so. Let us I say to my friend from New York, Do we just answer, this is a leak like hope it fulfills that duty. But I am not hold- why in the world would someone be ing my breath about that, either. every other leak when dealing with afraid to vote on an amendment the Mr. SCHUMER. Mr. President, this is traitors? Senator from New York and others are Mr. REID. Will the Senator yield for serious stuff, and I was furious. I had going to offer that says: Let’s take a no idea who had done it at that point one more question? look at this; let’s find out what hap- Mr. SCHUMER. I will be happy to in time. ‘‘High administration official’’ pened? We know there was a crime can mean a whole lot of things. So I yield for a question. committed. I don’t use those words Mr. REID. I came in past the 11:30 wrote the letter to Mr. Mueller and often. I know there was a crime com- publicly called on him for an investiga- hour. Is it true then that we find our- mitted. It is only a question of who did selves in a situation, from a parliamen- tion. it. Why wouldn’t our friends on the I learned shortly thereafter that for tary standpoint, that the Senator can- other side of the aisle allow a debate on not offer his amendment? Is that what such an investigation to proceed, the this issue? It is not as if we are taking CIA had to fill out, I think it is, an 11- the Senator is telling me? away heavy business. We have been Mr. SCHUMER. If my colleague from point questionnaire about the person vouchered out from doing the DC ap- named, what they did, and what was re- Nevada will yield, that is exactly right. propriations bill. Mr. REID. The Senator has worked vealed. Of course, last week it came I say to my friend from New York, on this all morning, I know, as well as out on television and in the newspapers what fear does the majority in the Sen- yesterday. I had a conversation with that the CIA had asked for an inves- ate have in allowing an amendment the him yesterday. We were to go back into tigation. The logical, though not cer- Senator from New York wishes to legislative business at 11:30. That right tain, conclusion of that, of course, is offer? Why can’t we debate this amend- has been taken away from us by the that they believe a crime might well ment? have been committed; that Ms. Plame, Mr. SCHUMER. I thank my colleague majority. They will not even let the indeed, was hurt by the revelation, and for the question. I have asked myself Senator offer an amendment in legisla- that it was illegal to reveal it. the same question. I was told first that tive session. Is that true? I cannot tell you how many people I the reason the DC appropriations bill Mr. SCHUMER. That is exactly true. have talked with in this body and has not been put forward is that they I would be happy to yield to my col- throughout the country who are just are afraid of this amendment. This is a league from California for a question. outraged by this—just outraged. The pattern. This morning— Mrs. BOXER. I thank the Senator so attitude that seemed to be indicated by Mr. REID. I say to my friend—pardon much for yielding. I have a few ques- the administration spokesperson yes- the interruption, through the Chair— tions. What I want to do is make a 4- or terday—oh, we get plenty of leaks, and afraid of what? Of the truth? 5-minute statement and then ask three this is just one of them, and we inves- Mr. SCHUMER. That is what the or four questions and hope the Senator tigate all of them—is even more infuri- signs seem to indicate. This morning, I can answer them in his inimicable ating. was asked to go on the ‘‘Today Show’’ fashion. This is not an ordinary leak. I chal- and talk about this issue. They asked a First, I thank Senator SCHUMER so lenge any of my colleagues on either whole bunch of Republican Senators. much for picking up on this issue. I re- side of the aisle to bring to me the sit- None would appear. They asked the ad- member reading about this in July and uation where someone in a high admin- ministration to send somebody. No one just scratching my head. I essentially istration position leaked the name of would appear. Again, the attitude thought: This cannot be true. I cannot an agent and jeopardized their life, seems to be: Let’s shrug our shoulders believe that someone in the White their contacts, and America’s security. and hope this goes away. House would reveal the identity of a This is a totally different ball of wax. I will make one other point to our person who is working at the CIA un- This is not just a leak. This is a crime, colleague. Our President has made it dercover. Whether she is an analyst, an plain and simple. his hallmark of defending our troops. operative, or an agent, it matters not, Mrs. BOXER. Will the Senator yield? That is why we are debating or we will but certainly someone whose identity Mr. REID. Will the Senator yield for be debating the money for them. That had never been revealed. I thought: a question? is why we will be debating all of this. This cannot be happening. Mr. SCHUMER. Mr. President, I will Every CIA agent is one of our troops, To be honest, I should have done be happy to yield to my two colleagues and for the President to not address more about it, but I did not, and thank in just a minute. this directly, for the President to have the Senator for writing to the head of Even the White House saying, ‘‘We his spokesperson say this is one of a the FBI, for whom I have a great deal will fire whoever did it,’’ is not suffi- whole lot of leaks, to say if they find of respect, and letting him know this. cient. If you have a company and some- out who it is, they will be fired—well, Here are my questions: As I look at one is suspected of murder and they I just ask my colleagues to think about this, I think, why would someone do say, ‘‘If we find out they are convicted this. Let us say they were certain it this? Well, clearly the idea behind at- of murder, we will fire them,’’ would would cause no damage to them, that tacking Ambassador Wilson’s wife was that be a sufficient enough punish- these high administration officials that Ambassador Wilson gave the ment? Absolutely not. were somewhere far away. Do my col- White House news they did not want to What we have here is an attitude: leagues think we would have the same hear, which was that there was really Let’s sweep this under the rug, let’s attitude from our Commander in Chief, no proof that Saddam Hussein was get- make sure nobody says much about it, and one who correctly prides himself in ting nuclear materials from Niger. and maybe it will go away. protecting our troops? They did not want that answer; it was I yield first to my colleague from Ne- So it makes one scratch one’s head kind of a kill-the-messenger type of re- vada. and say, What are they worried about? sponse; and in order to get back at

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.015 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12157 him, they out his wife, which is des- pure form. Free enterprise, that is the they will get up and say, ‘‘We love picable and a crime, but I think it is competition of economic ideas. Free- Head Start,’’ and then they will cut the about arrogance and it is about intimi- dom of religion, that is the competi- money. dation. tion of spiritual ideas. Democracy is So the candor, the debate on the mer- We have seen the arrogance, but it is the competition of political ideas. its, seems to be going away, and that the intimidation factor I want the Sen- When we no longer have that, the de- worries me about the future of this ator to comment on because this is not mocracy frays. country. This incident is an apotheosis only about this one incident—in which When people are afraid to say what of that, both in terms of intimidation, clearly Ambassador Wilson was cor- they think, not because their argu- in terms of going after family, in terms rect, by the way—but it is a signal that ments will be answered directly but, of being malicious, and in terms of say- is sent, really, frankly, to everyone in rather, because they will be hit below ing our political agenda is more impor- politics that nothing is off limits if the belt, we have the beginnings of the tant than the lives of the people fight- someone crosses us: We will go after fraying of the democracy, and that is ing for us—in this case, in the intel- their wife; we will go after their kids. what is happening. ligence agencies. I have to say to my friend, he is a I hate to say this, but this adminis- I am happy to yield to my colleague family man, I am a family woman. We tration seems to have a peculiar pench- from Iowa for a question. are in this world—God knows how and ant to attack someone’s patriotism Mr. HARKIN. I thank my friend from why but we are in it—and we are will- when they disagree. I have basically New York for yielding for a question. I ing to take the hits and everything been a supporter of the President on am proud to be a cosponsor of the else, but the lowest form of politics is the war and foreign policy, but for amendment that the Senator is trying if someone comes after your kids or those who disagree, there has been not to offer. I came over to the floor from your spouse. I resent it, and I want my just, here is why you are wrong and let the Appropriations Committee meeting colleague to comment on those two me tell you why—there has been some to speak on this amendment. Evi- areas. of that—but in addition there is an im- dently, I now find out, I understand— I also ask him to comment on a third pugning of motive, an impugning of am I correct, I ask my friend from New one, and that is the whole struggle that character, a kneecapping. One of the York, that the majority, Republican women are having in this world of ours reasons this issue resonates so is that side, has extended this period of morn- to enhance our careers, to break the it is the worst of that. ing business which will keep you from glass ceiling, to go into fields that are Now, about our families, of course, offering this amendment? Is that cor- maybe a little bit unusual. I do not they should be off limits. I will tell a rect? have the statistics at my fingertips, little story, and then I will yield to my Mr. SCHUMER. That is correct. but if we look at the number of women colleague from Iowa. But the points of Mr. HARKIN. Again, I am proud to who are FBI agents, I can tell my col- my colleague from California are so cosponsor the amendment. I think it league that it is very few. I used to good. gets to the heart of the matter, and know the exact number. I do not want When I ran for the Senate in 1998, my that is to try to get a special counsel to throw out a number, but it is way daughter was starting ninth grade in a to look into these serious allegations. less than a third, as I remember. new high school. My worry was she was I noted earlier the Senator from New So we have a circumstance where going to start in September. If, God York had quoted from former President there is a woman in a nontraditional willing, I won the primary, the next George Herbert Walker Bush on leaks. field doing her work, obviously not get- day I knew that my opponent, who was I think there is another quote from a ting credit for it. She is working incog- known as a hardball political player, former Senator, John Ashcroft, now nito at the CIA, whatever her work is, Senator D’Amato, my predecessor— Attorney General, in which he said: and she is going up the ladder. Maybe with whom I now get along quite well, You know, a single allegation can be most she has a tremendous future. Well, I am happy to say—would go after me. worthy of a special prosecutor. If you are probably the future in that field has My greatest worry, and the No. 1 rea- abusing government property, if you are been harmed, if not totally destroyed, son I debated not to run, was that I abusing your status in office, it can be a sin- and maybe her life or other lives that thought she would be new in high gle fact that makes the difference on this. she touched in her work are in danger. school, with a whole bunch of new peo- John Ashcroft, October 4, 1997, on So we are talking about a number of ple, and she was going to a different CNN, Evans and Novak, ‘‘A single alle- issues—yes, the crime that was com- high school, not in Brooklyn but in gation can be most worthy of a special mitted, but the whole idea of intimida- Manhattan, and people would not want prosecutor.’’ tion to people who might take on this to be friends with her because they As I understand it, the allegation administration, the whole idea of going would see these horrible things being here is not someone has abused govern- after someone’s family when we know, said about her father on television. Of ment property, not that someone has as public servants, what our families course we talked it over with Jessica, engaged in some murky real estate mean to us and how we protect them too, who was a mature 10th grader deal in timberland someplace, this is from whatever befalls us, the hits, the then—now she is in college and doing an allegation that someone high up in pain, and other things that happen. We great—and we decided to run. As it this Government—we don’t know asked for it. We are in this arena. turns out, they did run all the nasty where, but someplace high up in the So I hope my friend will perhaps talk ads. The morning I won the primary I Government, having access to classi- about that. It is a human tragedy be- turned on the TV and there they were. fied information, leaked to one or more yond the crime, and I ask my friend to It didn’t affect her or her friends. That reporters, columnists, news people, the comment. is the worry we had. name of a CIA agent. That is the alle- Mr. SCHUMER. I thank my colleague What they are trying to do here is gation, is it not? for her thoughtful, incisive, and from- send the message that even your fam- Mr. SCHUMER. That is exactly the the-heart-type comments. I will com- ily is not off limits, perhaps. That is a allegation. ment on them. horrible message. That frays democ- Mr. HARKIN. It would seem to this The one I would like to focus on a lit- racy, just as does the inability to dis- Senator that allegation is of such im- tle bit is the intimidation. The great- sent. port that everyone here ought to sup- ness of this democracy through the I respected Ronald Reagan. When you port the Senator’s sense-of-the-Senate centuries has been the structure the asked Ronald Reagan something, if he resolution. I say to the Senator, I view Founding Fathers set up which allows disagreed with you he would say ex- it with nothing short of amazement debate on the issues. It is wonderful. actly why: Well, I am against Head that the other side would want to stop If we had to think of a sentence at Start because I think parents should be this. I would think everyone here the core of America, it might be: We in charge of their children until they would want to get to the bottom of believe in the competition of ideas, and are 5. this. the best idea will win out. Free speech, All too often in this administration I ask the Senator, again, is it the that is the competition of ideas in its they don’t answer directly. In fact, Senator’s judgment that somehow we

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.029 S30PT1 S12158 CONGRESSIONAL RECORD — SENATE September 30, 2003 are not being allowed to bring this up leaking the names of our intelligence Mr. HARKIN. Mr. President, I know for a vote? Does the Senator intend to agents, and it is punishable by 5 other Senators want to engage the Sen- pursue this, to make sure we do speak years—or 10? ator from New York. I thank him for as a Senate on this? Mr. SCHUMER. Ten. his leadership on this. I know of the Mr. SCHUMER. I thank my colleague Mr. HARKIN. Ten years or a $50,000 Senator’s longstanding support for our for asking that question. Indeed, when- fine. A crime has been committed. law enforcement and for making sure ever the DC appropriations bill comes I say to the Senator, here we are that those who violate the trust of pub- up, I am going to bring up this sense of going on day after day, and there is a lic office are brought to justice. That is the Senate. lot of stuff going around the White what this is about. This is a gross vio- I thank him for bringing up some- House and the Attorney General’s of- lation. This is not some little real es- thing else. I don’t want this to be a fice. Is it the judgment of the Senator tate deal someplace. partisan issue. When I first wrote the that this could really be brought to the I ask the Senator: Maybe it is not so Director of the FBI, I had no idea who forefront rapidly? I say because of a much that the wife of Mr. Wilson is put this in there. I just wanted to get statement that was made on ABC identified, and she may be safe here in to the bottom of it because I was so News—The Note. They had an inter- the United States. I don’t know about outraged at the tactic. What I think we esting question. They asked: Has he her travels abroad. That may be re- ought to be doing is getting the special [has the President] insisted that every stricting her freedom in the future. But counsel because the special counsel is senior staff member sign a statement what about the contacts she made and the way to certainly remove any ap- with legal authority that they are not her sources around the world? What is pearance of a conflict, and perhaps a the leaker and that they will identify going to happen then? What will hap- conflict itself. Attorney General to the White House legal counsel who pen to our intelligence agents around Ashcroft, whom you quoted, is known is? the world today if they think they are as a close political ally of the Presi- It seems to me the President of the going to be ‘‘outed’’ sometime by this dent’s. There is an argument that the United States can say: Sign this. Are administration or some other adminis- Attorney General should be removed you the one who called or not? And this tration? What happens to our war on from the President and be a lawyer for will be over with by 4 o’clock this terrorism? the Nation. And there is an argument afternoon. Mr. SCHUMER. I thank the Senator. that the Attorney General should be a Mr. SCHUMER. I thank my colleague I so much appreciate my colleague’s in- close political ally of the President. for that. That is what the President telligence and integrity and passion Democrats and Republicans—it has not ought to do. This President—I men- which he brings to so many different been a Democratic or Republican issue. tioned this earlier to my colleagues, issues. He is exactly right. Even if this John Kennedy appointed his brother when I was having a dialog with my agent should decide to retire, the dam- as Attorney General. But when you ap- colleague from Nevada—is known for age would be great because other point an Attorney General who is a defending our troops. That is what we agents would think: Maybe I will get in close political ally and friend, and are talking about with $87 billion. That trouble. What will I get in trouble for? when something sensitive with con- is a good thing. Speaking the truth? flicts of interest occurs, then you have Our CIA agents are our troops, just We depend on truth in our intel- an obligation, in my judgment, to as our soldiers are our troops. In fact, ligence services more than just about move for a special prosecutor. You pay after the war, after 9/11 and the global anything else. President after Presi- a price, in a certain sense. You gain fight against terrorism, they are even dent has said one of the keys to gov- things by having a political ally as At- more important because intelligence is erning well is good intelligence that torney General, but you also lose so important. will tell you when you are off base as things, and you lose the guise of inde- It seems to me that it would be log- well as when you are on base. It is so pendence, the actuality of independ- ical for this President to do just what serious. The Senator is exactly right. ence. the Senator said—to say: You know, This transcends any one person. It My colleague is so right. The best yes, we have to have a legal investiga- transcends any specific person because thing that could happen is we pass this tion, but I want to get to the bottom of it goes to the integrity. resolution unanimously, we all work this immediately because this conduct I say to my colleague one other together to get a respected independent is reprehensible. thing: From what I understand, our in- counsel—someone like a John Danforth I don’t believe the President was in- telligence services are livid because or a Warren Rudman or a Sam Nunn or volved in this. I disagree with him po- this happened. a George Mitchell—and then they go litically. It doesn’t seem part of his Mr. HARKIN. They should be. forward with their investigation. I character. But he should sure want to Mr. SCHUMER. I don’t know for a think every one of us on this side of get to the bottom. He does not address fact. But my guess is there was great the aisle, as well as the other, would be it at all. His spokesperson comes out debate in the CIA because it was a content that the chips will fall where there and says: Oh, these are leaks just tough thing to do given that ‘‘high ad- they may so this dastardly crime, and like all the others. We will find out and ministration sources’’ were implicated. that is what it is, will be exposed. we will fire him. But the anger among the Agency is red This idea of not bringing up such a One wonders. hot, as I understand it, and with good resolution, of not wanting to debate it, Mr. HARKIN. I thank the Senator. reason. of, again, maybe casting aspersions on One wonders. The President, it seems I thank my colleague. I would be the motivation of those who are for to me, would want to get this over with happy to yield to my colleague from it—we have 14 or 15 of us, and we will in a hurry by finding out who the per- Florida for a question. have more—is going to make the Amer- son is who leaked this and let the legal Mr. NELSON of Florida. Mr. Presi- ican people think: Wait a minute, recourse then follow. But at least expe- dent, I wanted to pick up on something maybe they are worried; maybe there dite this right away and get rid of that the Senator from New York said. I can is something to hide—which there may person. best illustrate it with Veterans Day or may not be. The PRESIDING OFFICER (Mr. SES- and Memorial Day when we typically I thank my colleague. SIONS). The 30 minutes allotted on this are commending those young men and Mr. HARKIN. I thank my colleague side has expired. women in uniform. We have to modify for responding. I have a couple more Mr. SCHUMER. I ask unanimous con- that now because of the war in Afghan- questions. sent, since there is no one from the istan and the war in Iraq. We commend I appreciate what the Senator just other side, that we be given an addi- the young men and women not only in said. There have been some allegations tional 10 minutes. uniform but in the service of their made. I don’t know whether or not this The PRESIDING OFFICER. Without country, because the CIA was the first is some partisan effort or something objection, it is so ordered. to go into Afghanistan. They were all like that. We know that a law has been Mr. SCHUMER. Thank you, Mr. over Afghanistan before we ever went broken. There is a clear law against President. in with our military forces. They are

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.032 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12159 working in conjunction with our mili- fair not only to the CIA agent in ques- Mr. SCHUMER. Thank you, Mr. tary forces. Indeed, the first American tion but to the thousands of intel- President. to be killed in Afghanistan was Mike ligence agents across the globe who at There are lines to join the intel- Spann, a CIA agent. this moment, as my good colleague ligence services, sort of as there were What we are dealing with, lest folks points out so correctly, are defending after World War II, when some of our get this all mixed up with politics, is a just as our soldiers are defending us best and our brightest wanted to go crime of the most serious nature be- and are more needed than ever before. into our services. cause it jeopardizes the security of the That is why in the intelligence com- I will tell you, if politics can be United States and its people. When munity there is such livid anger be- played—and those of us asking for an someone’s identity is suddenly re- cause this occurred. My guess is—this investigation are not playing politics; vealed and is an agent of the U.S. Gov- is just my guess—that is why Mr. it was the people who outed this agent, ernment, their life is in jeopardy and Tenet requested the investigation. My if, indeed, that is proven to be true, the lives of their contacts are in jeop- guess is that in his head he was saying, who were playing politics—but if that ardy. That is the gravity of this leak. Oh, boy, this is going to get me in trou- is allowed to prevail, it is going to hurt That gets lost in all of this. He said, ble the way, say, Janet Reno may have our intelligence agencies in many more she said, and so forth is just branded as gotten in trouble with the previous ways than one. politics. But we are dealing with the President, the Attorney General from I thank my colleague. lives of people. the Senator’s State. But he knows that Mr. President, I would just make two As in any normal criminal pro- the integrity of the intelligence service points. No. 1, I will continue to make ceeding, if a violation of law is thought is important. My guess is that is why an effort to bring up this amendment. to have occurred, then let us allow the he did it. Maybe that is why it took a It has now been printed in the RECORD. cops to investigate and let us bring bit more time than I had imagined I ask my colleagues on both sides of that person in front of the responsible when I first requested this on July 24. the aisle to read it. We were judicious judicial tribunals. The question is, But he did request it. in our language. It does not have any which cops will be able to investigate Now our obligation to the thousands kind of political language or diatribe. and get to the truth? If you leave it to of brave men and women who are in It just states the facts. I would hope we the professional law enforcement peo- our intelligence services and risking could get colleagues from both sides of ple, they will. But isn’t it sad that we their lives is to get to the bottom of it the aisle to sponsor it. have to be concerned that political in- with a fearless, complete, and thorough And I would hope we could move it fluence will direct that investigation? investigation. forward—move it forward quickly—as a Mr. NELSON of Florida. Will the Whatever turn it takes, what the message because that is all it can be, Senator further yield for an additional Senator from Florida is standing for is but as a message to the President that comment? It is not only, interestingly, I know our people want to get to the we need a thorough, complete, and those who are directly in the services truth, and it ought to be the profes- fearless investigation, and that only a of the CIA now, but it is also the retir- sional law enforcement investigators special counsel can do that for us. who determine what is the truth. That ees. I will never forget being in an almost With that, Mr. President, I yield the is why I wanted to come and support deserted embassy in Islamabad, Paki- floor and suggest the absence of a the Senator. stan, after September 11. I heard my quorum. Mr. SCHUMER. I thank my col- The PRESIDING OFFICER. The league. Again, he is on the money. name being called. I turned around, and I saw an elderly looking gen- clerk will call the roll. That is all we seek here now—the The assistant legislative clerk pro- tleman, and he recalled how we knew truth. ceeded to call the roll. each other back when I was in the The spokesperson for the President, The PRESIDING OFFICER. In my Mr. McClellan, said we are referring it House of Representatives. I said: What in the world are you capacity as a Senator from the State of to the Justice Department and the pro- doing here? Alabama, I ask unanimous consent fessionals. If you look at the chain of We were getting ready to do a raid in that the order for the quorum call be command, it goes right up to the At- 5 cities simultaneously that night, of rescinded. torney General. which we got 50 al-Qaida, and we got Without objection, it is so ordered. As I mentioned earlier, the Attorney the No. 3 guy. And, lo and behold, he f General is a close political ally with was a retired CIA agent they brought the President. There is nothing wrong RECESS back in the aftermath of September 11, with that. That is one model of the At- when we were trying to catch up until The PRESIDING OFFICER. Under torney General. But it certainly sac- we could get the new guys trained. the previous order, the hour of 12:30 rifices the appearance of independence, They reached out, and they got the old having arrived, the Senate stands in re- and perhaps independence itself par- guys who had all the knowledge. cess until 2:15 p.m. ticularly goes very high up. Mr. SCHUMER. Right. Thereupon, the Senate, at 12:30 p.m., Why we have asked for a special Mr. NELSON of Florida. So we are recessed until 2:16 p.m. and reassem- counsel is very simple: It is to allow talking about the protection of the in- bled when called to order by the Pre- professional law enforcement to do the terests of this country, and not only siding Officer (Mr. VOINOVICH). job unfettered so they know they will those in the active service right now The PRESIDING OFFICER. The Sen- not pay a price if they pursue it com- but those who are retired who in times ator from Ohio. pletely and fully. That would entail a of emergency are called back as well. Mr. DEWINE. Mr. President, I sug- special counsel of great legal back- Mr. SCHUMER. I thank my col- gest the absence of a quorum. ground and sterling repetition for inde- league. Well said. It is a tribute to how The PRESIDING OFFICER. The pendence and integrity. I think it familiar he is with our intelligence clerk will call the roll. would behoove the administration to services and how many from his State The assistant legislative clerk pro- do that. serve in the intelligence community. ceeded to call the roll. There are all sorts of doubts now. Are I was glad to hear, for instance, that Mr. GREGG. Mr. President, I ask they telling the truth about this, that, these days, on the college campuses, unanimous consent that the order for or the other thing when it comes to signing up for intelligence is a coveted the quorum call be rescinded. foreign policy? Were we to appoint a thing. The PRESIDING OFFICER. Without special counsel, people would say: Yes, The PRESIDING OFFICER. The 10 objection, it is so ordered. maybe they are. minutes have expired. f But I will say this: The effort to sort Mr. SCHUMER. Mr. President, I ask of sweep this under the rug and say, oh, unanimous consent that we be given ORDER OF PROCEDURE this is just one of the leaks that occurs another 5 minutes. Mr. GREGG. Mr. President, I ask every day, that makes me angry, to be The PRESIDING OFFICER. Without unanimous consent that following the honest with my colleague. That is un- objection, it is so ordered. reporting of the DC appropriations bill,

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.035 S30PT1 S12160 CONGRESSIONAL RECORD — SENATE September 30, 2003 Senator SCHUMER be recognized to offer operatives being able to operate undercover law was violated, because of the per- an amendment on independent counsel; and without fear of having their identities ceptions created about the inability of further, that there be 2 hours of debate disclosed; this Attorney General to create an equally divided in the usual form, with (2) recent reports have indicated that ad- independent, thorough investigation, ministration or White House officials may no amendments in order to the amend- have deliberately leaked the identity of a we have no choice. We have no choice ment; provided further that following covert CIA agent to the media; but to encourage and to demand that a the use or yielding back of time, the (3) the unauthorized disclosure of a covert special counsel be appointed. majority leader or his designee be rec- intelligence agent’s identity is a Federal fel- Mr. President, I don’t know that ognized in order to raise a point of ony; and there could be anything more egre- order against the amendment. (4) the Attorney General has the power to gious—in fact, I thought President The PRESIDING OFFICER. Is there appoint a special counsel of integrity and Bush’s father said it about as well as objection? stature who may conduct an investigation anyone can. The Senator from Nevada is recog- into the leak without the appearance of any Anyone who is guilty of doing some- conflict of interest. nized. (b) SENSE OF CONGRESS.—It is the sense of thing such as this is what President Mr. REID. Mr. President, reserving Congress that the Attorney General of the Bush said, an insidious traitor. I be- the right to object. I appreciate the United States should appoint a special coun- lieve those are strong words, because majority allowing this to go forward in sel of the highest integrity and statute to they deserve the kind of repudiation this manner. Otherwise, we would have conduct a fair, independent, and thorough in- that words such as that connote. been here all day in a rugby scrum vestigation of the leak and ensure that all The only way we can ensure that until we arrived at this point. Anyway, individuals found to be responsible for this those responsible for insidious acts in- heinous deed are punished to the fullest ex- I appreciate the cooperation of the ma- tent permitted by law. volving the very essence of our ability jority. Mr. SCHUMER. Mr. President, I yield to stay strong is to ensure that when The PRESIDING OFFICER. Is there to my colleague, our leader from South we pass laws involving violations, we objection? Dakota, as much time as he wishes. deal with them effectively and di- Without objection, it is so ordered. Mr. DASCHLE. Mr. President, I rectly, regardless of who it may be. f thank all of those involved in the dis- Our country is based on the premise, on the foundation, of the rule of law. DISTRICT OF COLUMBIA APPRO- cussion and the agreement we have There can be no respect for the rule of PRIATIONS ACT, 2004—Resumed just reached procedurally. This is an important issue and it deserves the law if laws as essential to our national The PRESIDING OFFICER. The security as this are violated and there clerk will state the bill by title. consideration of the Senate. I want to especially acknowledge the is no followup, no responsibility, no ac- The assistant legislative clerk read leadership Senator SCHUMER has shown tions taken. as follows: on this matter, and I expressed the I do not care how one connotes the A bill (H.R. 2765) making appropriations gratitude of our caucus to him for pro- importance of this law, one cannot for the government of the District of Colum- viding this legislative leadership as we minimize its impact in this country bia and other activities chargeable in whole today, especially now. So all that the or in part against the revenues of said Dis- consider what to do in this particular trict for the fiscal year ending September 30, case. distinguished Senator from New York 2004, and for other purposes. I think there are several facts we is saying and what many of us are say- The PRESIDING OFFICER. The Sen- know for sure. We know the law was ing with him is let us uphold the law; ator from New York is recognized. violated. We know what the law says let us say, as we demand of others that with regard to violations of this mag- they respect the rule of law, that we AMENDMENT NO. 1790 nitude. We know the chilling effect it set the example, and that in encour- Mr. SCHUMER. Mr. President, I send has on our intelligence-gathering capa- aging the rule of law and respecting an amendment to the desk. bility and on personnel involved in the the extraordinary consequences of the The PRESIDING OFFICER. The front lines with regard to intelligence- law those who violate it are held ac- clerk will report. countable. The assistant legislative clerk read gathering responsibilities. We know, if we can believe the re- I hope this Congress will act unani- as follows: ports that have already been printed mously in this sense of the Senate, in The Senator from New York [Mr. SCHU- and reported, what motivated someone this statement of purpose that the Sen- MER], for himself, Mr. DASCHLE, Mr. REID, in the White House or someone in this ator from New York is offering today. Ms. MIKULSKI, Mr. ROCKEFELLER, Mr. LEAHY, Mr. LEVIN, Mr. NELSON of Florida, Mr. KEN- administration was retaliation, ret- Let us simply say with one voice that NEDY, Mr. DURBIN, Mr. BAUCUS, Mr. HARKIN, ribution for being critical of the ad- there can be no excuses, there can be Mr. BAYH, Mr. HOLLINGS, Mr. BIDEN, Mr. ministration. Those things we know. no explanation, there can be no other LAUTENBERG, Mr. SARBANES, Mr. BINGAMAN, What we don’t know is how it hap- option than pursuing the law vigor- Mr. KERRY, Mr. WYDEN, and Mr. GRAHAM of pened. What we don’t know is who is ously. The only way to do that is to Florida, proposes an amendment numbered responsible. What we don’t know is recognize the importance of what the 1790. whether or not the perception that the Justice Department itself recognized, Mr. SCHUMER. Mr. President, I ask Justice Department can investigate that there are times when conflicts of unanimous consent that further read- this independently, objectively, and interest stand in the way of pursuing ing of the amendment be dispensed thoroughly is something we can answer justice effectively. In those times, the with. today. I would say the answer is no. It only option we have available to us is The PRESIDING OFFICER. Without would be very difficult to put John the creation of an independent counsel. objection, it is so ordered. Ashcroft in the position of inves- In essence, that is what we are pro- The amendment is as follows: tigating the very people who hired him posing today. I strongly support the (Purpose: To express the sense of Congress for the job. We no longer have the inde- letter as well as the spirit and the in- concerning the appointment of a special pendent counsel law. That has expired. tent of the resolution, and I hope my counsel to conduct a fair, thorough, and I am on record as having said I support colleagues will do so as well. independent investigation into a national security breach) the expiration of the independent coun- I yield the floor. sel law because of the abuses that I be- The PRESIDING OFFICER. The Sen- At the appropriate place, insert the fol- lowing: lieve have occurred. What we do have is ator from New York. Mr. SCHUMER. Mr. President, first, SEC. ll. SENSE OF CONGRESS CONCERNING an independent prosecutor set up by THE APPOINTMENT OF A SPECIAL regulation throughout the Justice De- let me thank our leader from South COUNSEL TO CONDUCT A FAIR, partment to create more of an inde- Dakota for his right-on-the-money THOROUGH, AND INDEPENDENT IN- pendent review, an outside analysis of words as well as his leadership on this VESTIGATION INTO A NATIONAL SE- CURITY BREACH. all of the outstanding questions regard- issue with so many others. I think I (a) FINDINGS.—Congress finds that— ing this particular case. speak for every Member on our side (1) the national security of the United So that is really what the Senator when I say we are proud to follow his States is dependent on our intelligence from New York is saying. Because the leadership, and every Member of the

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.039 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12161 Senate, that he is just a fine leader and To hear Mr. McClellan of the White in the intelligence service transcended fine man. House say yesterday, first, there are 50 any feathers that might be ruffled. It is This is a sense-of-the-Senate resolu- leaks every week, belittling this, made a pretty courageous act. tion. As our distinguished Democratic my blood boil. This is not a typical Mrs. BOXER. Yes. I just want to leader stated, it simply says that the leak. To reveal a covert operative’s point out that to attempt to minimize rule of law should be upheld. When I name is a crime, not a leak. this crime by saying this woman was read in the Novak column that an Then second, to say, if we find them, probably an analyst and not an agent is agent was outed, I was just furious. My we will fire them, well, that is like say- unbelievable to me. The fact is, wheth- first reaction was to call the FBI and ing someone in your company is a mur- er she was an agent or an analyst or send them a letter asking that there be derer and all that should happen is anything else, was she not undercover? a thorough investigation. I was told they should lose their job. There was a Every time I see her on TV, they cover that before anything such as this could serious crime committed. What makes up her face. I say to my friend, let’s happen, the CIA had to answer 11 ques- the crime worse is that it appears on not get into the sideshow about was tions on a certain form that would its surface it was committed for rea- she an analyst or was she an agent. The show the law was—and I am not sure of sons of malice, for reasons of stifling fact is, she was in a covert situation, the standard; it might be probable debate and dissent. As somebody who was she not, and it is safe to say that cause but violated, or at least the sig- has generally been supportive of the the reason her face is covered up is nificant possibility of it being violated. President in Iraq, I find it just as out- that she was undercover; the reason Evidently, last week the CIA sent rageous as somebody who might be op- the CIA asked for an investigation is those 11 pages back and asked for an posed. that they believe a law may have been investigation. Mrs. BOXER. Will the Senator yield broken because she was undercover. There are so many points to make, for a brief question? I want to make that one point, in ad- and I will make a few. First, the das- Mr. SCHUMER. I would be happy to dition to the points we made this tardliness of this act; it is despicable. I yield to my colleague. morning, which is that I hope my col- have been in Washington 22 years. I Mrs. BOXER. The reason I am doing leagues will vote for this amendment. I have never seen anything quite like this is because I am unable to stay and hope my colleagues on the other side this. To reveal the identity of an agent, speak on the Senator’s amendment but will not have a dual sense of when an or an analyst, the law does not mat- I wanted to make a couple of com- independent counsel should be ap- ter—and I know that it was said on tel- ments and ask a question, if I can, pointed: There is a real estate deal evision yesterday by Mr. Novak, well, through the Chair. somewhere; there is an independent she was not an agent, she was an ana- First, I again thank Senator SCHU- counsel. There were no lives on the line lyst and therefore it does not matter, MER for his leadership on this. We there. This is a situation where some- but the law is very clear, and if some- spoke about it this morning, the fact one who is undercover has been re- one is covert, a member of the CIA, and that he took action back in July and vealed as a way to get back at her hus- their identity is revealed, that is a wrote to the head of the FBI. He knew band who happened to bring back the crime. immediately that this was something news that the administration didn’t Furthermore, we do not know if she outrageous, and I do thank him for want to hear—that in fact Iraq was not was an analyst or an agent. If we are that. purchasing, at least in this particular going to believe Mr. Novak on this part I am also very pleased that we are case, from Niger any nuclear materials. of it, then maybe we should believe able now to have the Senator’s amend- We have a circumstance where, faced him on all the rest of it. Everyone ment offered, to which I am a cospon- with this, the new defense is: She was would agree that some high adminis- sor. If I am not, I ask unanimous con- just an analyst; she wasn’t an agent. I tration officials did a very terrible sent to be added as a cosponsor. want to make the point, this woman thing. To take this agent, analyst, this The PRESIDING OFFICER. Without was in the CIA. Her career has no doubt covert individual, who has served their objection, it is so ordered. been destroyed. She was undercover. country, and expose them, endangers Mrs. BOXER. The fact is, we now We do not see her face on TV. The fact them, endangers their sources and have the DC bill in front of us and we is, the CIA asked for an investigation. their contacts. As my good colleague have a legislative way to express our- And what my friend is saying today is, from California has said, it puts a halt selves. The thing I want to point out is we need a more independent investiga- on their career and endangers the secu- now there is an attempt to try to de- tion. We don’t want politics to play a rity of this country. mean this incident by saying that the role in this investigation. We want to Furthermore, we have always felt fact that a CIA analyst or agent—we remove it, even though the Attorney that our intelligence agents are on the are not exactly sure—was revealed is General will still be in charge of an front lines. I was told earlier today by not such a big deal and does not have independent or a special counsel, as we my colleague from Florida, Mr. NEL- much merit to it. I know my friend call it. A special counsel will have a SON, that the first American killed in spoke about that, but I want to pursue little more independence than just get- Afghanistan was not a member of the a couple of questions. ting it over to the Justice Department. Armed Forces but a member of the Is it not the fact that the head of the Mr. SCHUMER. I thank my col- CIA. In a post-9/11 world, our intel- CIA himself decided this was so egre- league. ligence sources are so important. What gious, to reveal the identity of Ambas- I wish to clarify a few points that does it say to all of those thousands of sador Wilson’s wife, that the head of should be made to everyone. The rea- men and women who serve us that if the CIA, who really serves at the pleas- son there is a debate about an agent or they tell the truth and somebody high ure of President Bush, asked for an in- analyst is that is what Mr. Novak said up does not like it either they or their vestigation by the Attorney General? on one of the shows, that is what we family can be outed? It goes to the Is that correct? were told earlier today. very heart of what that Agency is all Mr. SCHUMER. I would assume that I have something from CNN.com. about. It is no wonder that the CIA, its is correct. The bottom line is the CIA They say that other sources told CNN employees from top to bottom, were has asked for it. This is a very sen- on Monday—yesterday—that Plame just furious about this activity. sitive matter. He is the head of the was an operative who ran agents in the I do not know where this will lead. CIA, so I think it is a pretty good as- field. Let me repeat that. Other CIA Rumors abound. If the Washington sumption that he asked for it. I think sources told CNN on Monday that Post is correct and six media outlets another assumption, that he realized Plame was an operative who ran agents were called, it is going to be pretty this would ruffle a whole lot of feathers in the field. I don’t know if Novak is hard to keep it a secret as to who made at 1600 Pennsylvania Avenue, at the right or if these other sources are the calls, where and when, but that is White House, in the administration, is right; that is the very point. The issue not the point. The point is, this crime true. But from what I am told by of whether she was an agent, an opera- demands a solution. This outrageous sources who know what went on there, tive, or an analyst is beside the point. act demands justice. the obligation to the men and women The law was broken.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.042 S30PT1 S12162 CONGRESSIONAL RECORD — SENATE September 30, 2003 The law is clear, and while it says there, other agents who may be work- independent counsel was allowed and covert agent but defines agent as an of- ing on issues and bringing back infor- after 1999. After it expired, Justice ficer—I am paraphrasing—employee, mation that the administration doesn’t passed this regulation allowing special present or retired, of an intelligence want to hear because maybe it does not counsel again. But they have stature. agency whose identity has not been comport with what they want to be They are not going to be pushed previously publicized, revealed, that is known as the facts? What kind of mes- around. Everyone will see who is ap- the point. sage does this send? Are they going to pointed. Once again, my colleague from Cali- take the risks? As Senator HARKIN Obviously, if the Attorney General fornia makes a very astute point. No said, we are going to win this war should appoint someone who doesn’t one is revealing the face of this person. against terrorism by the quality of our have the stature, doesn’t have the po- No one was revealing the name of this intelligence. And here we have the litical independence, they will not be person. The bottom line is it is quite White House itself that says it is lead- given the respect that someone of stat- clear the law was broken. The only ing the fight against terrorism. We ure and independence would. But be- question we don’t know is who broke stood by their side continually on this, cause it is public, that is generally it. What we are trying to do—and again as we should. Here they are, in essence, what happens. A Warren Rudman or a the Senator from California is exactly outing someone who could be working John Danforth or a George Mitchell or right—is keep the politics out of this in ways to save our people from an- a Sam Nunn would be ideal type can- issue. other terrorist attack, from al-Qaida, didates as independent counsel. The idea that when a law is broken and whatever else. Let me show an example. This is the and someone calls for a full and thor- I am so pleased my friend has been so point to which I want people to pay at- ough investigation, and the mechanism stalwart on this issue. Anything he tention. We just had an example of why to do it, is politics is absurd. I will tell needs from this Senator from Cali- we need a special counsel. This was re- you what politics is—despicable and fornia to help him, I remain available ported, as I am told, by Mr. McClellan. nasty politics. It was revealing this to do whatever I can do to bring justice We learned this morning that the person’s name because they did not to this family. White House Counsel, Mr. Gonzales, like what her husband said. That is the I yield back the time. had sent an e-mail to all White House politics of this issue. Mr. SCHUMER. I thank my colleague employees to preserve all their records, Mrs. BOXER. Mr. President, will my from California for her strong, intel- their logs, their e-mails and things like friend yield further? ligent, and heartfelt words. that. It was a good thing to do. Mr. SCHUMER. I will be happy to I would like to make just one other But what Mr. McClellan just con- yield. point, and this is a very important Mrs. BOXER. I wish to make a point firmed is that he was asked by the Jus- point I have not talked about before, so to underscore this discussion. This tice Department to do it last night. He I hope my colleagues will listen. People leaking of a name is, on its face, a said: Can I wait until the morning? ask, Why ought there be a special pros- crime. The person who did this de- And the Justice Department said yes. serves to be punished because to think ecutor? Why not let Justice do the job? Did anything happen between last There are obvious reasons. Attorney that someone would punish someone’s night and this morning? I don’t know. General Ashcroft is a close political as- family—they didn’t like what Ambas- Nobody knows. You can be sure, if it sociate of the President’s. If this goes sador Wilson said: How can we hurt was a special counsel, that ability to high up into the White House, there is him? How can we sting him? How can delay for several hours the sending out we burn him? We will hurt his wife. We obviously the appearance of a conflict, of this very important e-mail wouldn’t will out her; that will ruin her chances. if not a conflict itself. There is nothing have happened, or it only would have And that will send a chilling message wrong with the President appointing a happened with an extremely good rea- to Ambassador Wilson: A, be quiet, close political associate as Attorney son. maybe this will go away; and, B, it General. Some have. John Kennedy did. But when you don’t have a special sends a chilling message to everyone. Bill Clinton didn’t. The other model is counsel, when the White House Counsel That is why what you are doing is so to appoint someone at some distance, makes the request, it is given the ben- important. someone removed, a professional law efit of the doubt. Frankly, at least This is an incident that cannot be enforcement person. But when you ap- from the allegations we hear the White swept under the rug. Whether it is a point someone who is close, you lose House Counsel is in the same place as Democratic administration or a Repub- any vestige of independence when the person or persons who did this das- lican administration matters not be- something sensitive comes up, making tardly act. So if there was ever an ex- cause this endangered someone, and it the need for special counsel more im- ample of why we need a special coun- sends a chilling message to anyone who portant. sel, it just came out when Mr. McClel- might bring bad news to this adminis- A special counsel is not a runaway lan told us about this delay in sending tration, who might disagree with their counsel. The independent counsel law out the e-mail. For all we know, and policy in Iraq. expired because people were worried this is just hypothetical, rumors went I say to my friend, he is right on tar- about that. It is still appointed by the throughout the White House that there get. If this does fail in a party-line Attorney General. The differences are will be an e-mail this morning—and vote—and I pray it does not, but if this threefold. No. 1, the day-to-day run- this is just hypothetical and, hopefully, fails in a party-line vote, unfortu- ning of the investigation is not under it didn’t happen—but maybe that nately, this will become a bigger and the Attorney General or the staff that somebody who did it didn’t save what bigger political issue because I, for one, is directly under him with the chain of they were supposed to save, inadvert- am not going to stop focusing atten- command going up. ently threw them out. Who knows? tion on it. As a woman who has all my Second, a very important prophy- Again, if the special counsel were life been in jobs that are perhaps a lit- lactic measure: Anytime the Attorney there, it is likely not to have happened. tle bit different than other women, I General should reject the request of And if it did happen that the delay was have tried to say we can do it. This at- the special counsel—to subpoena some- sanctioned, people would have more tack on this woman who was on the one or bring someone to a grand jury faith that there was a justification for ladder, obviously, in the CIA, was not or file some charges—a report has to be it. only a crime, it was unjustified, and it made to Congress. That is an ex- So we need a special counsel. It is not sends a terribly chilling message to tremely important and prophylactic a perfect mechanism, but it is the only other women out there that you can do measure. mechanism available that has some the greatest job in the world but, gee, Third, special counsel, when they semblance of independence, of fairness. if you are married to someone who have been appointed—and by the way, Along with my 15 cosponsors, we are might say something controversial, Archibald Cox and Leon Jaworski, peo- requesting a sense-of-the-Senate reso- you are going to be outed. ple like them, fell under a law very lution that that be done. What about the message—I close similar to the President’s special coun- I remind my colleagues, this is a with this—it sends to other agents out sel law because that was before the sense of the Senate. It is basically a

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.045 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12163 sense of the Senate that in a very real prohibited, it is going to say some- cision was made within the Bush ad- sense says: Do you want to get to the thing. It is going to say those who raise ministration to disclose the identity of bottom of this, and do you want to do the point of order are afraid of where this woman and jeopardize her future, it fairly and not politically? It doesn’t the truth may lead. That is one of the her career, and maybe even her life. require it to happen. things we all worry about. That is as serious as it gets in this Excuse me, we have now 22 cospon- Once again, I say to my colleagues business. sors. that the very fact that the e-mail We can remember back in the Nixon It doesn’t require it to happen, but at which went out this morning was asked administration the enemies list that least we go on record, this body, as for last night, and delayed for several was generated—people the Nixon ad- saying there ought to be a full, fair, hours, raises questions. They may be ministration decided did not share and independent investigation—and a answered; they may not be. But that is their views on foreign policy or domes- fearless investigation, I would add, an the kind of question that will come up tic policy. They made a long list of col- investigation that will go wherever it every day in an investigation if we do umnists and individuals across Amer- leads. not have a special counsel. ica who were their enemies. They I repeat, I have no idea who did this. I thank my colleagues from South looked for ways to hurt them. There are names bandied about. If it is Dakota and California and the so many In this situation, we have the equiva- true that six people in the media were others who spoke this morning—the lent of an enemies list in the Bush ad- called, this is not going to be a top se- Senators from Nevada, Iowa, and Flor- ministration—a decision by someone at cret, even though the media people will ida. the highest level of the administration not want to reveal that they were All I can say is for the sake of this to declare that Ambassador Joe Wilson called because of their sources. But a country, for the sake of fairness, and and his wife were enemies and at any special counsel should be able to get to for the sake of the continuing rebuild- cost they had to be silenced; they had the bottom of it. Any counsel should be ing and the viability of our intelligence to be stopped. What was the adminis- able to get to the bottom of it if, A, services, I hope this amendment passes. tration trying to silence? They were they really want to; B, they don’t fear I hope no one will block it on a par- trying to silence the fact that they getting to the bottom of it; and, C, liamentary procedure called ‘‘a point sent Ambassador Joe Wilson, a former they are not told by somebody else not of order.’’ I hope we will get to the bot- Ambassador in the Clinton administra- to, subtly or otherwise. tom of this dastardly act and find out tion, on a special detailed assignment I guess that is another point I would who put the integrity of the intel- to determine whether some of the make. What this case is about in many ligence services and possibly the lives statements the administration had ways—not every way, there are so of people on the line for simply the made about the dangers of Iraq were many ramifications to it already—the purpose of malice or the purpose of pre- true, particularly the statement which reason it has resonance is not only that venting the truth from coming out. was made in the President’s State of what was done was despicable, but it I am going to yield as much time as the Union Address that there had been relates to a methodology in Wash- he would like to my colleague from Il- fissile material that could be used to ington that has become too current linois, a member of the Intelligence make nuclear weapons sent from the lately, which is knee-capping people Committee. tiny African nation of Niger to Iraq. with whom you don’t agree instead of The PRESIDING OFFICER (Mr. Of course, the reason that was impor- having an open debate, saying you CRAPO). The Senator from Illinois. tant was because it was the first issue think this; I think that; let’s see what Mr. DURBIN. Thank you, Mr. Presi- raised by the Bush administration as the people decide. To call into question dent. I thank Senator SCHUMER for his to why we had to invade Iraq. If they their character or patriotism or any- leadership on this issue. had nuclear weapons and the capacity thing else—we have seen that in many This is not a new issue. This article to build them in short order, they different areas in the last year or two. was written by columnist Robert would be a threat not only to the re- So it has tremendous resonance, but Novak back in July. It is interesting at gion and to the world, and so we had to ultimately one thing this is about is the end of September and the begin- stop Saddam Hussein in his tracks. the ability to tell the truth without ning of October that it finally surfaces Evidence of the movement of this en- being hurt for telling that truth, hurt and is receiving the attention it de- riched uranium or fissile material from professionally. Isn’t that, indeed, the serves. Africa to Iraq was critical. The Presi- reason we need a special counsel? If What Senator SCHUMER is asking is dent of the United States thought it there is a career diplomat in the Jus- for the Senate to go on record in call- was so important that he made ref- tice Department who is doing this in- ing on the Bush administration to ap- erence to it in his State of the Union vestigation, maybe he or she, even if point a special prosecutor, someone Address to the American people. told nothing, will say: Hey, if I bring who will be independent enough to ask When Ambassador Joe Wilson was this all the way to the top where I the hard questions and try to find out sent to Africa and began investigating, think it ought to go, it might hurt my who was the source of this very serious he returned and reported to the Bush career. Who knows? With the special security leak. administration they were wrong. In his counsel, if it were a John Danforth or Keep in mind what happened here. A estimation, there was no evidence that a Sam Nunn, they would not worry decision was made by someone in the this ever took place. In fact, as I stand about their career. Their integrity is administration—perhaps in the White here today, President Bush has apolo- rock ribbed, and they will take it House—to disclose the identity of a gized to the American people for in- where it leads. woman working for one of our intel- cluding this statement in his State of I hope we will allow a vote on this ligence agencies. In and of itself, it the Union Address, and there is lit- amendment. I don’t know what the doesn’t sound like much to an outsider. erally no evidence that this took place. other side is afraid of, or whoever is But for many of the people working for Ambassador Wilson did his job, took afraid, to not allow a vote on this those intelligence agencies in a covert his assignment for the Bush adminis- amendment. It is a simple sense-of-the- status, the fact that their identity is tration, did it honorably, and came Senate resolution, and I would argue it not known is an important part of back and reported to them what he will be more foretelling if this amend- their job and an important part of found. But there were some people in ment is being blocked from being voted their survival. As a result, the disclo- this administration who didn’t like his on. It will be very revealing if this sure of the identity of such a person is report. They didn’t want to know the amendment is blocked because it is a Federal felony, the most serious facts. They had already created a sce- saying somebody, somewhere, is afraid crime you can commit. We believe it nario of nuclear weapons, and Joe Wil- of where this investigation would lead. undermines our intelligence-gathering son’s report wasn’t consistent with it. I think if a point of order is raised capability and can literally endanger They went forward and allowed this and not overturned in any way, then— the lives of innocent, hard-working, pa- unproven theory to fester and grow as I guess it cannot be overturned. If the triotic Americans to knowingly dis- they started talking about the danger point of order is raised and a vote is close their identity. In this case, a de- of Iraq to the world.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.047 S30PT1 S12164 CONGRESSIONAL RECORD — SENATE September 30, 2003 Finally, Ambassador Joe Wilson, in it, and gave me a chance to serve again United States visited Chicago, IL, desperation, published an article in a in the Senate. today. We were happy to see the Presi- leading newspaper and said, I have to But isn’t it interesting that this dent, whatever the circumstances. In tell the truth. I went to Africa on an Bush administration and their Depart- this case, he came to raise money. Over assignment from the Bush administra- ment of Justice, which obviously be- $3 million was raised in Chicago for his tion. What I found was inconsistent lieves so passionately in polygraph campaign. But I might also note that with what they said to the American tests, now is in a predicament where if over 3 million jobs have been lost in people. they are going to investigate this leak, America under his administration. This was an amazing development— if they are going to try to find out Both of these are historic records for an amazing disclosure. But I met with which person in the administration is President George W. Bush. Ambassador Wilson, and he felt he had responsible for calling Robert Novak The real question that presents itself no other choice. His integrity was on and disclosing this, they are frankly is this: Can all the money raised in the line. He decided to tell the truth to going to be in a position where they Chicago and other places to buy media the American people. But because he have to ask for polygraph tests. make America forget all those lost did and because that truth brought em- You have to ask the obvious ques- jobs? Can $3 million raised today in barrassment to this administration, tion. Is Attorney General John Chicago make America forget the 3 they struck back. But they didn’t Ashcroft willing to ask Karl Rove to million lost jobs under the Bush ad- strike at Ambassador Joe Wilson. They submit to a polygraph and tell the peo- ministration? More jobs have been lost went after his wife, a professional in- ple whether he says yes or no? You by this President than any other Presi- telligence agent working in a covert could go through the list of potential dent since the Great Depression—70 capacity. That is what this is all about. people from the administration who years ago. It is the worst record of job Who was behind this? I don’t know. I need to be asked. I think the answer is creation under any President in mod- do not know if it reaches to the White obvious. They are not going to do that. ern history. House. I can’t say. Mr. Novak has only Attorney General Ashcroft is not like- In Illinois, we know this too well. said ‘‘administration sources.’’ But ly to ever do that. Working people in Illinois are not what Senator SCHUMER brings to the What Senator SCHUMER and myself going to forget we have lost 200,000-plus floor today to really confront is the and others are saying is now is the jobs since President Bush was sworn in. fact that we cannot honestly expect time to acknowledge the obvious. This And I just met with a group of small Attorney General John Ashcroft to administration is not up to the task of businesses, small manufacturers. They really treat this case in the manner it dealing with such a disclosure so sen- are not going to forget we have lost deserves to be treated for the good of sitive and so important at the highest over 123,000 manufacturing jobs in my our intelligence gathering, for the in- level of Government. It is time to give State of Illinois alone since President tegrity of the people who work at those this responsibility to a special pros- Bush took office. agencies and, frankly, for justice to be ecutor, someone outside the adminis- Our taxpayers in my State are not served. tration, with no conflict of interest. going to forget that President Bush’s Last year when I served on the Sen- I will tell you, I did not think the unfunded school mandates in No Child ate Intelligence Committee and there day would come, or come soon, when I Left Behind are going to cost our was a disclosure of some classified in- would come to the Senate floor and school districts millions of dollars at a formation, Vice President CHENEY and call for a special prosecutor. The gross time when they literally cannot afford Secretary Rumsfeld were adamant and abuse of independent prosecutors dur- it because of our State’s financial cri- vocal that the leaking of classified in- ing the Clinton era really, I guess, sat- sis. formation, particularly in the runup to isfied me once and for all that you have Also, I do not think there will be a the war in Iraq, was absolutely intoler- to be extremely careful to put that family in America who will forget the able and unacceptable. No one ques- much power in one individual. But I do costly and dangerous occupation of tions that premise. I certainly don’t, as not know any other way out here. Iraq, which President Bush has obli- a member of the Intelligence Com- I cannot imagine that leaving this in gated American families and taxpayers mittee. When this piece of information the hands of Attorney General to bear. I do not think there is enough was leaked, they turned on the Intel- Ashcroft and the Department of Jus- spin in Washington or enough dollars ligence Committee and said we want to tice is really going to give us a satis- in the President’s campaign coffers to know which Senator—assuming it was factory conclusion to these critical and cover up these realities. a Senator, and it could have been staff important questions: Who was it who So, Mr. President, thank you for vis- or someone else, for that matter— decided to put Ambassador Wilson’s iting Chicago. I am sure you had a which Senator leaked the information. wife on this hit list, on this enemies great day. But I think the total story Do you know what they did next? list? Who was it who was willing to is going to be considered by the voters They sent an FBI agent to my office risk prosecution of a Federal felony to in Illinois before the next election. And and to the office of every Senator on embarrass her and compromise her as when they look at the economic record the Intelligence Committee—this an analyst or an agent for America? of this administration, they are going Ashcroft Department of Justice and Who was the person who decided that to realize we have squandered a great the Bush administration. They asked all bets were off and no holds were opportunity. The economic expansion me if I would submit to a polygraph— barred when it came to going after of the 8 years before President Bush a lie detector—to determine whether I critics of the administration? came to office has not been equaled or was the one who leaked the informa- Those are hard, tough questions, rivaled, and it is not likely to be in the tion. I didn’t leak the information. But questions this President would not future, as long as we have a President I also feel, as most people do across want to face, no President would want who is passing out tax cuts to wealthy America, that those polygraphs are no- to face, and certainly questions not people and generating the largest defi- toriously inaccurate. Most States don’t likely asked or answered if it is going cits in the history of the United States, even recognize them in their courts. I to be done within the administration. causing us to cut back in education have never counseled a client in my So I certainly support my colleague spending and health care spending, legal practice to take one. I just do not from New York. I join with others who causing us to compromise the Social think they can be trusted. believe the appointment of a special Security trust fund as the baby I said no, I am not going to submit to prosecutor is the only way to serve the boomers come on line to receive their a polygraph. The next thing you know needs of justice and to do it in a way checks. is that in the course of my reelection where there is a credible outcome. These are the realities that American campaign it was disclosed to the public LOST JOBS AND THE ECONOMY families understand. And when this that I had turned down the request of Mr. President, I would like to ask, if President—— the FBI agent for a polygraph test. I I may, to step aside from this par- Mr. GREGG. Mr. President, I was explained it as best I could to the peo- ticular issue for a moment and note wondering if the Senator would yield ple of Illinois. They obviously accepted the fact that the President of the for a question.

VerDate jul 14 2003 23:38 Sep 30, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.050 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12165 Mr. DURBIN. I would be more than If we are going to successfully fight Mr. DURBIN. The answer is yes, I do glad to when I have finished. On your the war on terrorism, we have to stand intend to offer it. time, I would be happy to answer a behind the men and women at those in- Mr. GREGG. Does the Senator intend question. telligence agencies. We have to support to offer it today? THE SUPPLEMENTAL APPROPRIATIONS BILL them. And in my oversight capacity Mr. DURBIN. Not today, but I intend Mr. President, the other point I with the Intelligence Committee, from to offer it. would like to make, before we return time to time I am sure I will be critical Mr. GREGG. Does the Senator intend to the issue at hand, is this: People of some of the things they will do, but to offer it tomorrow? say, What has happened? It seems as if we should never, ever compromise their Mr. DURBIN. It could be tomorrow. there is more criticism of the Bush ad- identity or professional integrity or Mr. GREGG. I appreciate the Sen- ministration in the last few weeks. And ability to do their job. ator’s candor. I think that is true. I think once the Whoever decided to leak the identity Mr. President, what is the time that President went on national TV and an- of Ambassador Wilson’s wife to Robert is allowed? nounced that $87 billion pricetag for Novak, who writes a regular column, The PRESIDING OFFICER. The our continued presence and occupation decided that the political price they sponsor of the amendment has 8 min- of Iraq, the American people were had to pay was worth it. They were utes 6 seconds. The opponents of the awakened to reality. This $87 billion going to make that family pay a price amendment have 58 minutes. pricetag is a bone in the throat of that few others would be asked to pay Mr. GREGG. I yield the floor. America’s taxpayers and families. They because they were so bold as to criti- The PRESIDING OFFICER. The Sen- understand that we are not cutting cize this administration’s policy in ator from Nevada. spending or raising taxes to come up Iraq. We have to get to the bottom of Mr. REID. Mr. President, I yield my- with that money; we are, in fact, add- it. And I do not think Attorney Gen- self such time as I may consume. ing to the deficit—the biggest deficit in eral John Ashcroft’s Department of I ask the Chair to advise me when 3 our history—and we are taking it out Justice is up to that job. minutes remain. of the Social Security trust fund. Mr. President, I yield the floor. Mr. President, after I went home last I, for one—and I am sure I speak for Mr. REID. Mr. President, I ask unan- evening, I couldn’t stop thinking about imous consent that the amendment by every Senator—will not compromise a statement Senator HARKIN had made when it comes to our military. We will Senator SCHUMER have added to it as regarding the leak of classified infor- cosponsors Senators LIEBERMAN and give them every single dollar they need mation about the identity of an under- FEINSTEIN. to be successful and come home safely. cover CIA agent. Like Senator HARKIN, When it comes to spending billions of The PRESIDING OFFICER. Without objection, it is so ordered. I also remember as a boy seeing those dollars in Iraq to do things which we signs that warned: Loose lips sink obviously cannot do, according to the The PRESIDING OFFICER. The Sen- ator from New Hampshire. ships. Our Nation was at war then. President of the United States, hard Even though the war was far away, questions will be asked, and the hard- Mr. GREGG. Mr. President, the Sen- ator from Illinois said he would re- every citizen was constantly reminded est question is going to be posed by my that there might be spies among us and colleague from the State of North Da- spond to a question on my time. And I will ask him a question and yield him that the wrong information in the kota, Senator BYRON DORGAN. I think 30 seconds to respond. It should not wrong hands could cost American lives. he has really touched a nerve because even take that long. But since the Sen- So here it is, 67 years later. Once again he has reminded this administration ator from Illinois wandered during his we are at war and, sadly, it seems that that time and again they told us this presentation on to ground other than the wrong information has been passed day would never come, that Iraq was so the actual amendment before us, spe- into the wrong hands—not by our en- bountiful in its oil reserves that it cifically the issue of education, I was emies but by someone who works at could finance its own reconstruction. wondering when the Senator from Illi- the White House. Those are statements made by Vice nois intends to offer his motion to deny By now I think we are all familiar President CHENEY, Secretary Rumsfeld, the children of Washington the oppor- with what happened. On July 14, the Assistant Secretary Wolfowitz; the list tunity to get a fair and reasonable edu- political columnist Robert Novak, who goes on and on. cation—something that is supported by Now they come to us and say they I consider a friend and like very much, the Mayor of this city, something that need $20 billion that is going to rebuild disclosed the identity of a covert CIA is supported by the president of the Iraq. Well, the Democratic leader, Sen- operative. He wrote that the informa- school council in the city, something tion was given to him by ‘‘two senior ator DASCHLE, raised the question ear- that is supported by 7,500 children who lier. It is clear that the money to re- administration officials.’’ Yesterday are on a waiting list to get a decent the Washington Post reported that be- build Iraq is going to be borrowed. The education. question is, From whom will it be bor- fore Mr. Novak’s column appeared, two When does the Senator from Illinois top White House officials had called at rowed? From the American people or intend to offer his motion to strike the the Iraqi people? least six journalists, revealing the capacity of those children to get a de- name of this undercover CIA agent. I agree with Senator DORGAN. Let’s cent education? take this bountiful oil supply that they The reason, of course, for the leak I yield to the Senator, oh, 10 seconds has been well established. It was to get have in Iraq and use that as security, to answer that question. back at the husband of the agent. He is as collateral for what they need to re- Mr. DURBIN. It will take 30 seconds. build their country. We can help them. Mr. GREGG. I will yield the Senator Joseph C. Wilson, former U.S. Ambas- I am sure we will. But, honestly, 30 seconds. sador, who had publicly challenged shouldn’t the Iraqi people and their fu- Mr. DURBIN. I would ask the Sen- President Bush’s claim that Iraq tried ture oil revenues be on the line before ator to clarify. Is he speaking about to purchase uranium from Africa. In our Social Security trust fund and our the proposal to divert public funds to retaliation for Mr. Wilson’s telling the investments in education and health private schools, a proposal that has truth as he saw it, two White House of- care? It is fairly obvious to me and to been rejected by an overwhelming ma- ficials apparently blew his wife’s cover many of the people I represent. jority of people in the District of Co- and, in the process, they threatened Let me conclude and say again to lumbia, the school board, and the city our national security. If you think that Senator SCHUMER, thank you for your council, the proposal that would send is overreacting, remember the old leadership on calling for this special the money to schools without stand- warning: Loose lips sink ships. Because prosecutor. It is my belief that a spe- ards that the teachers in these private that information was leaked, this cial prosecutor at this point is the only schools even have college degrees? Is agent’s ability to gather intelligence way to make sure that justice is that the proposal about which the Sen- has been destroyed and her safety has served. If we have in any way seen a ator is asking? been put at risk. compromise of intelligence gathering Mr. GREGG. I am simply asking if Even more important, the leak of in the United States, it could not have the Senator ever intends to offer his that sensitive information has jeopard- come at a worse time. motion to strike. ized the safety of every person in the

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.053 S30PT1 S12166 CONGRESSIONAL RECORD — SENATE September 30, 2003 world who had cooperated with her. If these allegations are true, they are priate that the Attorney General, in ef- Any person who was a known associate extremely serious. In fact, the indi- fect, recuse himself and assign a spe- of this agent will now be suspected of vidual or individuals who provided this cial prosecutor to look into this most cooperating with the CIA. Maybe even information to the media may well serious matter. some innocent friend would be so have committed a felony under federal There is no question that somebody thought. We might never know how law. Such a disclosure could endanger committed a crime. We don’t know who many people have been tortured or the CIA operative involved, former it is or who they were, but leaking this maybe killed as a result of this leak. Ambassador Joseph Wilson’s wife, and information is a crime. It is a felony As terrible as that scenario is, it is makes it impossible for her to continue punishable by at least 10 years in pris- not the worst consequence of this leak. to function as a clandestine CIA opera- on. I think it is unfair. We know that This leak of classified information will tive. This act could also endanger a Senate rules often don’t appear to be undermine our efforts to recruit people number of individuals, assets, contacts fair. But in this instance, it would cer- who can help us in the war on ter- and even mere acquaintances of the tainly be the right thing to do to allow rorism, people who might be able to in- CIA operative. And, this act may send an up-or-down vote. filtrate terrorist cells and gain prior a cold shiver down the spine of every I yield back whatever time we have. knowledge of deadly plots against our CIA employee and asset now operating Mr. GREGG. Mr. President, this is Nation. Because of this leak, people under cover anywhere in the world. If being investigated by the FBI. It is not who might be inclined to pass informa- the administration itself will not safe- being investigated by the Attorney tion along to the United States will guard their identities, how can they General. The FBI will be doing the legwork and we will find out what hap- now wonder whether we can be trusted feel secure? These are men and women pened as a result. Clearly, if the allega- to protect their identity. After all, if playing absolutely critical roles in the tions are correct that a crime has oc- they can’t trust those who work in the defense of our national security. The curred, it should be prosecuted. White House, who can they trust. role in our security of such individuals We are at war against terrorism. It is Mr. President, I yield back the re- gathering intelligence around the mainder of my time. I make a point of a war that will not be won with our world has been all the more clear since mighty arsenal of weapons. It is a war order that the amendment is not ger- September 11, 2001. mane to the bill. we can only win by obtaining good in- Mr. President, this amendment seeks Mr. REID. Mr. President, I ask unan- telligence about the plots that these to send a clear message that we believe imous consent that the point of order terrorists are hatching. Intelligence is that the American people deserve a not be laid before the Senate until 3:45 our best weapon against terrorism. So credible and independent investigation and Senator SCHUMER at that time be loose lips not only sink ships, they not influenced by or even weakened by allowed 5 minutes prior to the point of might prevent us from stopping a fu- the perception of influence which re- order being taken. ture terrorist plot. sults from an appointee of the Presi- Mr. GREGG. I object. This is as serious as it gets. I used dent investigating high level adminis- The PRESIDING OFFICER. Objec- the word ‘‘traitor’’ yesterday in a col- tration officials. An appointment of a tion is heard. The point of order has loquy with Senator HARKIN. I know special counsel of unquestioned integ- been made. The amendment is not ger- that is strong language, but I believe rity and credibility is the only way to mane. The point of order is sustained. that about anyone who would leak this assure that independence. I hope the The amendment falls. kind of sensitive information at a time majority will permit a vote on this Mr. GREGG. Mr. President, what is when we are at war. This is a crime. It sense-of-the-Congress amendment the regular order? is a felony punishable by 10 years in today and that the Senate will adopt The PRESIDING OFFICER. The DC prison. this amendment. appropriations bill is the pending busi- This morning we heard that the Jus- The PRESIDING OFFICER. Who ness. tice Department has launched an inves- yields time? Mr. GREGG. I thank the Chair. I tigation into this crime. Realistically, Mr. GREGG. Mr. President, what want to return to the underlying bill, a we not only have to do away with what time remains? bill that has been debated for 4 or 5 is bad but what looks bad. To have The PRESIDING OFFICER. The Sen- days. Regrettably, I was not able to be John Ashcroft, former Senator, long- ator from New Hampshire has 58 min- here. time political confidant of the Presi- utes. The proponent of the motion has Returning to the underlying issue, dent doing this investigation simply 31⁄2 minutes. which is the District of Columbia ap- won’t sell. Considering the grave na- Mr. REID. Mr. President, we know propriations bill, and specifically the ture of what has happened, this case that the time will just run out. Sen- language in that bill which created new warrants an independent counsel, a ator SCHUMER wanted to speak last. He dollars at the request of the Mayor and special counsel, someone who does not is not here. So we have no alternative. the president of the school board and have political ties to the White House. If the Senator is going to yield back members of the school council to fund If we need an independent counsel to his time, there is no way to preserve three basic programs, one is school im- investigate a private real estate deal, our 31⁄2 minutes. provement, the second is charter certainly a breach of national security Mr. GREGG. Mr. President, we are schools, and the third is a choice pro- deserves the same level of scrutiny. We ready to proceed. If we can have the gram which would involve not only must act quickly before memos and clock run equally against both sides, I public but also private schools within phone logs and computer records are ask unanimous consent that that occur the city. Unfortunately, I was not here destroyed. until the minority’s time has run out, for all the debate, but it is important We must find the source of this leak and then we will make a motion, unless to talk about who is being impacted. and send a message to everyone every- the minority wishes to yield back. Who is this debate really about? The where who betray the United States: Mr. REID. Mr. President, because of District of Columbia has a very large Loose lips sink ships, and they will the time constraints, I ask unanimous school system. Unfortunately, it is one land you in jail. consent that a point of order not be that has some very fundamental prob- Mr. LEVIN. Mr. President, I have co- taken in this matter and that we have lems. Those problems have created an sponsored the Schumer sense-of-the- an up-or-down vote. atmosphere where, regrettably, a large Congress amendment which is before Mr. GREGG. I object. number of children cannot get a decent the Senate. The amendment calls upon The PRESIDING OFFICER. Objec- education. In fact, this picture high- the Attorney General to appoint an tion is heard. lights it. Statistics show that 47 out of independent special counsel to inves- Mr. REID. That is really too bad. I 100 children are being sent to failure by tigate allegations that a high ranking say that because it would seem that being required to go through the entire official or officials within the Bush ad- something this important to the Amer- public school system in Washington, ministration purposely disclosed to the ican public should at least have an up- DC. media the identity of a CIA agent in- or-down vote. All we want is a resolu- Essentially, the public school system volved in clandestine operations. tion from this body saying it is appro- in Washington spends a huge amount of

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.056 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12167 money, but regrettably it doesn’t edu- That is the group that has the lot- they need to succeed, by having the cate kids very well. Seventy-five per- tery. ability to do math and writing and cent of the fourth graders in this city I am 8 years old. I have a lot of problems reading at a level that is competitive are reading below basic reading levels. I was born with. Public schools said I would with their peers across the country. Only 11 percent of the eighth graders in not read. They recognize that not every child this city are proficient in math. That This is Lapria writing: learns the same. is 1 in 10, actually. Only 10 percent of I read and my math is great. My hand- There are some schools that are the eighth graders in this city are pro- writing is not so good, but I have an A in going to help a Lapria or a Kevin, who ficient in reading. One in ten children reading and an A in math. is coded incorrectly for special edu- in this city can actually read at the She has had her hope restored as a cation, it appears from that statement. level at which they should be. And 42 result of having the opportunity of Some of those schools are not publicly percent—a staggering number—drop choice. managed so they can help these kids. out of school in Washington. Over one- There is another group that I want to But they are there and they are in the third of the District residents read make a note of in the photo right be- private sector. below the third grade level. hind me. This is Kevin and Kevona. The opportunity should be given to Yet this school system spends $11,000 That is who these two children are here these children to participate in those per child—$11,000 per child—for these in the photo. This is Mrs. Wilma Rob- schools that are going to give them the results: 42 percent of the kids are drop- erts writing, and these are her hus- skills they need. And so the Mayor, the ping out of school, 1 in 10 children are band’s niece and nephew. She is writing head of the school board, and a number not reading at the levels their peers and saying: of city council members have come for- ward and asked for the funding pro- read at across the country in the We wanted them to have a chance to ad- eighth grade, and almost 1 in 10 are not vance to greater heights. Kevin was put into posal that is in this bill, and the sub- able to do math. That means if you go special education, and all he needed was help committee is chaired by the Senator into the DC school system, you have at with his speech. He was put in a school that from Ohio, Mr. DEWINE. You would least a 50-percent chance of either, A, did not help with speech or his emotional think it would be almost a no-brainer not coming out of the system or, B, if growth. The Washington Scholarship Fund that if we as a Congress, who do not you come out, you are not going to be has been a godsend for these and other chil- manage the city of the District of Co- able to participate in the American dren who have the potential to do good lumbia but who by the nature of the things with their lives. dream. Constitution have responsibility for it, A fundamental element of partici- Doesn’t that really say it all? ‘‘The are approached by the political leader- pating in the American dream, being potential to do good things with their ship, which is taking this sort of a cre- successful, having a decent income, lives.’’ Yet 47 out of every 100 kids who ative and imaginative step, that we raising a family, owning a home, hav- go into the Washington school sys- would say, OK, that is an idea that you ing a great job, is your ability to read, tem—their capacity to do good things want to try, and we will do what we write, and do basic mathematics. So we with their lives is dramatically under- can to assist you. are talking about kids being left be- mined by the fact that the school sys- The majority does take that position hind. tem they are in simply isn’t working but, unfortunately, there is a working Let me just point to a couple specific very well. minority on the other side of the aisle children. These are children who, with- How do we react to this? How do we that does not believe these kids should out private school, would not have had make sure the Laprias, the Kevins, and have a chance, that does not believe the opportunity to succeed. Kevonas of this city have a shot at a the Mayor and the head of the school How did they get into private school lifestyle that you and I would want our board should run their school system, if there is no private school choice pro- children to have? that believes the 7,500 children who are gram in the District of Columbia? Well, the Mayor is concerned about low-income children, who are on a list There is something called the Wash- it, and the head of the school board is today for private school choice, should ington Scholarship Fund which is a concerned about it. They are concerned have no opportunity to fulfill their program that has been set up because enough that they were willing to take dream; that they should have to go they recognized that Washington an extremely imaginative and creative every year to this gathering where 1 in schools were working so poorly, and and, politically, a very aggressive and 10 of those kids gets their name pulled they have a lottery system. If you are dangerous step, from the standpoint of out of the hat and the other 9 children a low-income child in Washington, their political futures. They were will- are sent home in tears and their par- your parents can put you into this lot- ing to propose to the Congress, which ents, in most instances—by the way, tery system. If your name is drawn, has a unique responsibility for the Dis- they are children of single moms. They you get a choice—basically the same trict of Columbia, that if we would give obviously have a father, but the moth- program that we are proposing to fund them some extra money for their edu- er is managing the family. with this bill. But that waiting list is cational system, they would take that In most instances, what we have is a so large that your chance of being money and set up three very creative mother who realizes that her child, picked—in other words, winning that programs. who she is raising by herself—she is lottery as a child in Washington—is The first program would be a school working gosh knows how many hours a only 1 in 10. For every child who gets improvement program. The second week to do it—is not going to have a chosen, 10 don’t. would be a program to help with the chance to succeed and get out of the I want to read a couple of notes from creation of charter schools, which they cycle of poverty and dislocation she two people who were chosen, who were already have a significant number of in sees, because of the nature of her finan- unfortunately locked into the public this city. The third would be a private cial situation or the nature of her situ- school system, and their parents knew school choice program patterned basi- ation generally, without a better they were going to fail. Their parents cally on the Washington Scholarship chance in education. It is usually that knew if they stayed in the public Fund Program that these three chil- single mother who puts her child on school system as presently structured, dren have had a chance to take advan- that list. they were going to be lost souls, lost as tage of. The majority of those 7,500 children citizens of our country, productive citi- Why would the Mayor and the head are children who have a single parent zens, because they were not going to be of the school board and a number of the at home taking care of them and try- able to gain the skills they needed. council members of this city who are ing to raise them in very tough and This is the first person I want to read responsible to their citizenry be willing challenging times. We have to admire about. This is a note from this young to make that sort of a step? It is be- those parents immensely. But those girl in the photo, Lapria Johnson. She cause they believe it will work for 7,500 kids are being assigned to failure writes: these kids. It is because they believe by my colleagues across the aisle. The Washington School Scholarship Foun- these kids should have a shot at the I suppose one could argue—and obvi- dation is the only way I can read. American dream by having the skills ously my colleagues across the aisle

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.058 S30PT1 S12168 CONGRESSIONAL RECORD — SENATE September 30, 2003 do—this is not right; that public religious schools that are very good as big labor that is saying: This is the schools should get all the money; that schools. Some of them are focused on camel’s nose under the tent. If the city there should not be any competition unique talent development and some of Washington pursues a choice pro- between public and private schools; and are general in their educational ap- gram, will choice spread across the that choice just simply should not be proach. What the Mayor is saying is country? We know the leadership of the allowed; that we as the Federal Gov- let’s bring those schools into our mix national unions is adamantly opposed ernment should not be making that as we try to give our children a better to any form of giving children choice in type of decision. One can make that ar- shot at being successful at learning our school systems. gument in theory, but one cannot what they need to know. That may be it. There has to be some make it as it applies to the District of Remember, this program is not going reason, but it certainly is not their in- Columbia because we are responsible to be for the wealthy or even the mid- terest in the welfare of the children for the District of Columbia, and the dle income. The way this program is that causes them to reach this conclu- leadership of the District of Columbia structured is you have to be in an ex- sion that they are going to filibuster has come to us and said they want this tremely low-income category before this opportunity for these children program. you can qualify for these choice oppor- that is requested by the Mayor, by the Basically, they are saying no vote on tunities. In fact, the priority goes di- president of the City Council, and by this language; they are not allowing us rectly toward low-income kids in the parents of those 7,500 kids who are to proceed to a vote. They are filibus- schools that have already been des- sitting on that list and are running out tering this proposal because they do ignated as failing. We do not limit it to of time. not have the votes to defeat it. When that, but that is where the priority is. Remember, these kids are being put our Democratic colleagues run a fili- I suspect that will absorb completely through and pushed through the sys- buster from across the aisle, they are the available slots. So it is an attempt tem. Every year we fail to give them essentially saying they can run the to get at the people who are most in adequate reading skills, adequate math city of Washington better than the need in the schools that are being least skills, is another year they probably Mayor can run it, better than the city responsive. cannot recover. If a child goes from the Yet the majority of Democratic Sen- council can run it, better than the third grade to the fourth grade and ators on the other side of the aisle say: president of the school board can run they cannot yet read at the third grade No, no, the kids are not going to be it, and these kids who are on this wait- level, how are they going to read at the given that chance. The kids are going ing list—and there would be a lot more, fourth grade level? to be forced to stay in these schools I suspect, if this program were to go Every year that we do not allow the which have such horrific track records. forward—are just casualties of the poli- city of Washington to pursue for their It really is a startling level of arro- tics of the Senate. Tough luck. Forty children options which may bring them gance and an incredible indifference to Senators on the other side of the aisle up to speed, we lose another large seg- these children. ment of children, 42 percent dropping are saying to 7,500 kids: Tough luck, we What drives it? What drives this atti- out of the school system. It is the par- have a good life in the Senate. You tude? Is it a belief that we can improve ents and the kids who are being left be- have no life, no chance to participate the schools by putting more money in the American dream. You certainly into them? If we just put more money hind today, who are being filibustered have no chance to become a Senator into public schools in Washington, we today, who are being strong-armed by because we are going to consign you to can solve this problem? We know that the minority today, and it is an act of a school system which, as far as your is not the case because in the last 3 crassness that is going to come back in parents are concerned, because they years, we have increased funding in the the way of lost lives. Fortunately, not made the choice to put you on the list public schools in Washington by I Lapria or Kevin or his sister but indi- to opt for choice, cannot take care of think 39 percent, and we have increased viduals such as these other children are your need to learn and is not going to overall funding even more radically going to end up without any hope be- give you the capacity to be successful. over the last 8 years in the public cause this Senate, and specifically the It is an incredibly cynical act that is schools in Washington. Their success minority in this Senate, has decided being pursued in the Senate by a mi- rate has not improved at all. In fact, that they know more about the school nority when this appropriations bill is they continue to fall behind. needs of these kids than the Mayor, being filibustered on this point. As I said, they spend $11,000 per pupil than the president of the school board, One has to admire, though, the lead- in this city—$11,000 per pupil. There the members of the City Council but, ership of this city because the Mayor isn’t a school district in the State of most importantly the parents of these has been incredibly aggressive in mak- New Hampshire that spends $11,000 per children who have been willing to go ing this case. There has been no half- pupil, I don’t think. The only other make the effort and take the extra ini- way commitment. This has not been a school district in the country which is tiative of trying to get their kids the marginal undertaking on his part. He even near Washington in spending is type of education to give them the has been calling Members. He has been New York City on a per-pupil basis. So skills they need to live in our country. making the case. And the city has tried it is not an issue of let’s take this In my opinion, it is an incredibly what they can try. They have tried extra money and put it in the public cynical act that is occurring today, as public school choice in this city. To school system and that will solve the I have mentioned, and I regret it. I some degree it has worked. In some in- problem. That can’t be where they are hope Members on the other side of the stances, there are just not enough coming from, but that is actually one aisle will get up, walk over to the mir- functioning, strong schools to allow of their arguments. But it is a straw ror in their office, and look in that those kids who are locked in schools dog because it doesn’t stand up to any mirror and say: Why am I doing this to that do not do very well the oppor- test of factual review. these kids? At least as to the city of tunity to make that choice. Is it because they think these kids Washington, they ought to have the This city has tried charter schools. should just be left behind; that they courage to stand up and say it is right In fact, probably the fastest growing are simply willing to say 47 out of to give the city this opportunity. part of the school system is the fact every 100 kids in this city we can dis- I yield the floor. they are setting up charter schools card; we can say they can’t have the The PRESIDING OFFICER (Mr. throughout the city. Thus, we have ability to pursue their dreams? I doubt CHAFEE). The Senator from Tennessee. parents pulling together to try to cre- that. I don’t think anybody on the Mr. ALEXANDER. Mr. President, I ate entities that will work a little bet- other side of the aisle is so cynical. But congratulate the Senator from New ter. that is the practical effect of the indif- Hampshire for his remarks and for his What they are asking for is one more ference to the problem and their un- leadership on education, especially for very important tool. There are a lot of willingness to address it in a creative his leadership on this issue where he private schools in this city. There are a way such as the Mayor has suggested. has shown his characteristic persist- lot of religious private schools, Catho- Or is it there is force coming at them ence over the years, and I hope he suc- lic especially. There are a lot of non- that is a special-interest force known ceeds.

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.061 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12169 Listening to him talk about the chil- are disadvantaged, going to schools one says you have to go to the Univer- dren today creates a whole new way of that are not working, and giving them sity of Tennessee or Vanderbilt or the thinking about this. I have noticed in a chance to go to a good school? What University of Rhode Island or any par- education meetings I have attended— is wrong with that? ticular school. You choose. and I have been going to them now for I would think it would be embar- I remember when I was president of a good while—people like the Senator rassing for our friends on the other side the University of Tennessee, I was sit- from New Hampshire and I get up and of the aisle. They have spent a lot of ting there during the last week of Au- make a speech, but if we sit down and time talking about helping disadvan- gust when we would have about 30,000 invite a child to stand up and say taged Americans. How can they say it students, coming to our school. No one something, it changes the whole nature is good for us Senators, our families, made them go there, they had to of the meeting because it puts in per- but we do not want to give these chil- choose to go there, and the money fol- spective what we are talking about. dren that chance? lowed them to the school. It never oc- I am glad the Senator talked about In the next few minutes, I will take curred to me to come to Washington the children who are waiting in line for three or four issues that have come up and argue to the Senate, Please don’t this opportunity to go to a better in the debate, as I have listened to it, allow any of these students to go to school because that is what we are and discuss them. The first one was— Vanderbilt or to Fisk University be- talking about. When I listened to the distinguished cause it might take money away from All we are talking about is giving Senator from Illinois the other day, our school. We saw the value of giving 7,500 of Federal dollars, new dollars— one of the better debaters in the Sen- Americans choices of colleges and uni- not taken from any other school but ate, as described by Senator DEWINE. versities. We saw what it had done for new dollars—to about 2,000 poor fami- The Senator from Illinois said this, and them. lies, disadvantaged families in the I wrote it down: This is a calamity. We saw what it did for the colleges Washington, DC, our Nation’s Capital, This will be the first diversion of Fed- and universities of this country, what families whose child is in an underper- eral funds to private schools in our his- it specifically did for the public col- forming school, and giving them a tory, the first diversion of Federal leges and universities, such as the Uni- chance to go to another school. That is funds to private schools. versity of Tennessee. Let’s just look at what we are talking about. I wanted to ask the Senator then, the record. In 1945, maybe 8 or 10 per- Especially since September 11, we and I will ask today, if I may, I wonder cent of Americans had a college degree. have talked a lot about the American if he has ever heard of the University Mr. President, 80 percent of the higher character. The American character has of Loyola or DePaul or Northwestern education students in America at the many aspects, but one aspect of our or Saint Xavier or Wheaton College or end of World War II were in private col- country is that we dream great dreams, Illinois Wesley? Those are all private leges and universities. In fact, when and we are not ashamed of doing that. schools, private colleges, in the State the GI bill for veterans came along, We say things like all men are created of Illinois, and at least half the stu- President Hutchins of the University of equal. We say things like President dents at all of those schools and col- Chicago was appalled by the idea. He Kennedy said one time, that we will leges attend those colleges with a Fed- said hoboes would be coming to his dis- pay any price and bear any burden to eral grant or loan to help pay for col- tinguished university, the University defend freedom anywhere in this world. lege. of Chicago. We say things like leave no child be- In the case of the Pell grant, the Fed- At that time, at the end of World hind. We say things like anything is eral grant, which may follow them to War II, 20 percent of students attended possible because that is our goal. Euro- Loyola, DePaul, Northwestern, or public university. What is it today? peans and others think we are a little Saint Xavier, that is a Federal voucher Today it is just reversed: 80 percent of goofy when we say things like that be- that follows them to the college of students who attend higher education cause they will say obviously we are their choice. in America go to public colleges and going to leave some child behind, obvi- Now, that is not just true in Illinois. universities, 20 percent go to private. ously we are not going to defend free- It would be true at Fisk University in So the effect of the GI bill for veterans, dom everywhere in the world, obvi- Nashville. It would be true at Brigham this Federal voucher that followed stu- ously not every man is created equal. Young out West. It would be true at dents to the school of their choice in The answer is we know that, but our Yeshiva. As long as the college is ac- higher education, which has been the goal is the greater goal. We really want credited, whether it is private or paro- law of our land since right after World to help every child succeed. We really chial. This has been true from the be- War II, has not only created great op- want to defend freedom wherever we ginning of the GI bill for veterans, over portunity, the effect of it has been to can. We really want every American to the last 60 years, our country has al- create the greatest system of colleges be equal, and we are a work in progress lowed Federal dollars to follow stu- and universities in America. The Fed- toward those goals. dents to a school of their choice. That is what makes this such a re- Someone might say I am mixing eral Government helped to fund that. markable country. One of the greatest things up; I am mixing up a college We don’t have just some of the best of our challenges is to meet the goal of with a high school. I do not think that colleges and universities, we have al- anything is possible—and I was think- is a real difference. At the University most all of them. And the Federal ing about those children—one of the of Tennessee, we have a school of law, voucher for higher education has been surest tickets towards success in as well as a school of architecture. a major source of that. So that was a America, in fact the surest ticket, is a Those are schools. They are edu- really good idea. good education. cational institutions. For 60 years Fed- It is rarely our experience in edu- We cannot legislate a good family. eral dollars have followed students to cation to have such a close analogy, to Families are varied. But if a child has the school of their choice. have a 60-year experiment with a Fed- a great education, that child has a What has been our experience with eral voucher for colleges that has much better chance, to not be left be- that program? Most people who look at helped create the best colleges in the hind but to succeed. So one would the Federal Government think the GI world. The question might be; If it did think we would be bending over back- bill for veterans and the Federal schol- that over 60 years, why wouldn’t we at wards, falling all over ourselves, to arships and loans programs have been least try it to see if it created the best identify the children in America who the most successful social legislation schools in the world? are disadvantaged, who are not as like- in the history of our country. Maybe We have tried it also before the first ly to have a good education, and giving Social Security stands up there with it. grade. We have a child care voucher, them a chance too. That is what one But it is hard to think of legislation which has been the law since 1990. It would think we would all be doing. that has created more opportunity follows little children to the child care Is that not what we are talking about than the GI bill for veterans and the program of their parents’ choice. So we today? Are we not talking about iden- Federal Pell grants and the Stafford would trust a single mom with the re- tifying a couple of thousand kids who loans that help people go to college. No sponsibility. She might be poor, she

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.064 S30PT1 S12170 CONGRESSIONAL RECORD — SENATE September 30, 2003 might not be very well educated her- in Washington, DC, and let’s see what Adam Smith, Thomas Paine, John Stewart self, some might even say she’s not ca- happens? Maybe it creates a better Mill, and more recently Milton Friedman. pable of making a good judgment for school. Its appeal bridges ideological differences. her children, but we trust her to choose There is another little historical fact Yet it had never been tried. Quite possibly because the need for it has never been so de- the daycare program for her child, and that maybe the Senator from Illinois monstrably critical as now. the Federal voucher follows the child missed as well. Right after World War This was in 1968. to the daycare program. It could be II, a lot of the returning GIs didn’t The authors quoted Mario Santini of public, private, or religious. We permit have a high school degree. Only maybe the Ford Foundation—hardly a right- her to enroll in a community college or 5 percent of them even had a college wing organization—who spoke of: university in order to advance herself, degree at the time. So what did they do and a Federal voucher follows her to a with the GI bill? They took it to high . . . a parent’s lobby with unprecedented mo- community college. But we say some- schools. There were thousands of re- tivation with a tangible grasp on the destiny of their children. The ability to control their how there is something wrong with al- turning GIs after World War II who own destinies definitely will instill in poor lowing her to make a decision about took their GI bill to the Catholic high people a necessary pride and dignity of which where her child goes to school from the schools of America. The sky didn’t fall. they have been cheated. 1st grade to the 12th grade. A lot of them ended up being among Maybe those are the 7,000 parents in Of course, we don’t have that prob- the most successful leaders in our the District who are lined up waiting lem with those who are better off—Sen- country. for the other side of the aisle to quit ators, for example. We assume we are A second comment I would like to filibustering and release $7,500 for each really super parents and we know a lot make is sometimes I hear that this is a of those children so they can go to a about schools and we are trusted to Republican idea, or a conservative good school. make choices. We are allowed to move idea. It really doesn’t sound like a Re- What about the argument that this to another part of town so our child publican idea. Republicans are charac- poor children’s bill of rights might de- will go to this school instead of that terized sometimes by not being as in- stroy the public schools? Here is what school, and every real estate agent in terested in the disadvantaged, by not Mr. Sizer and Mr. Whitten said in 1969: America will tell you that parents being willing to spend more money, by Those who would argue that our proposal make moves in housing based upon not wanting to talk about education. I would destroy the public schools raise a false where their child will go to school. am glad that we are, in this case. But issue. A system of public schools which de- That is No. 1 for them. They have the this ought to be a bipartisan idea. I am stroys rather than develops positive human money to do it. They are free to do it. so glad to see the Senator from Cali- potential now exists. It is not in the public But the disadvantaged family is not fornia has made this discussion a bipar- interest, and a system which blames its soci- free to do it. tisan idea because it deserves to be. ety while it quietly acquiesces in and inad- I wonder what would happen if we Let me go back in a little history and vertently perpetuates the various injustices were to pass a law that would be con- suggest how this idea has not always it blames for its inefficiency is not in the sistent with our friends on the other been a Republican or conservative idea. public interest. If the system cannot fulfill its responsibilities, it doesn’t deserve to sur- side of the aisle—most of them; there Not long ago, someone gave me an arti- vive. are some who agree with us—and just cle from the 1968 August issue of Psy- That is their word. say there should be no choice to any- chology Today. The article was enti- body; let’s be fair to the rich as well as tled ‘‘A Proposal for a Poor Children’s But if the public schools serve, they will prosper. the poor. It sounds like rhetoric that Bill of Rights.’’ The proposal was this: might be coming from over there. Let’s To give a Federal coupon to perhaps up Just as our public colleges and uni- say no choice for school, the Govern- to 50 percent of American children, versities have with students who bring ment will tell you, no matter how through their parents, to be spent at a voucher to those schools. Those are much money you have, exactly where any school. Half the American children my words. your child goes to school, and you may would get a Federal coupon, they Since 1987, we have watched in not take that child anywhere else. The called it—voucher, scholarship—to be amazement how rapidly the rest of the Government will decide. Since your spent at any school—public, private, world is seeking to emulate the Amer- taking your child and your money to a religious. ican way of life. Everywhere in the Catholic school or private school which By doing so, the authors of this pro- world, freedom and choice and oppor- might hurt a public school, therefore posal wrote, we might both create sig- tunity have become the principles upon you are not allowed to go to a Catholic nificant competition among the which are built the answers to the school or you are not allowed to go to schools serving the poor—thus improv- most basic human questions. Around a private school. ing the school—and meet, in an equi- the world, nothing is in as much dis- In effect, that is what we are telling table way, the extra cost of teaching favor as government monopoly of im- poor families in America. We are tell- the children of the poor. portant services. Yet that is what the ing them: Because you are poor, you The idea here was to provide money other side is defending today. have no choice. Let’s say it to the rich on top of what is already being spent, I think it is important, as we go folks, too. Let’s make it equal. Nobody because educating poor children costs through this debate, always to remem- has any choice. That will help the pub- more. The authors were not the chair- ber exactly what we are talking about. lic schools. man of the Republic National Com- Those in opposition have such poor rea- That wouldn’t help the public mittee but a young man named Theo- sons for opposition that they invent all schools. That is the way the Soviet dore Sizer, along with Phillip Whitten. sorts of complications and make it Union used to operate, one car for ev- Ted Sizer, of course, is today one of sound exceedingly impossible. We are erybody, and by the time they got America’s most respected and pio- talking about this: Spending $40 mil- through, the car would barely run. neering educators. He was dean of the lion for students in the District of Co- Choice is an essential part of the Amer- College of Education at Brown Univer- lumbia. The bill the Senate is debating ican system. sity and a leader of the Coalition of Es- today appropriates $13 million for So, for the Senator from Illinois to sential Schools. He has been given scholarships for low-income children in stand up and say this is the first diver- about every major award American underperforming public schools to go sion of Federal funds to schools is just educators can give anyone, and 1968 to any accredited school. $13 million flat wrong. In fact, he is ignoring the was a long time ago. Lyndon Johnson for DC public charter schools and $13 most successful piece of Federal social was President. ‘‘Power of the people’’ million new dollars for the DC public legislation we have ever had, which for was the battle cry. Sizer and Whitten schools. 60 years has helped create the best col- went back much earlier than that. The Senator from New Hampshire leges in the world. They said this: went into great detail on this. Let me My question would be, Why not try it The idea of such tuition grants is not new. summarize a couple of points. In addi- with at least 2,000 children who are For almost two centuries various proposals tion to the fact that the District of Co- poor, going to underperforming schools for the idea have come from such figures as lumbia is different—and there would be

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.065 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12171 State money, if it were Rhode Island, the world and try it here in the Dis- to be an issue with the public. Rather, or West Virginia, or Tennessee, that we trict? Should we not help those 7,000 he should appoint a special counsel would be spending—but here we are families standing in line out there hop- that can assure the Nation that no per- spending $11,000 per student, which is ing anything is possible for their child? son in the United States, no matter among the highest in the country in Why not give 2,000 of them $7,500 a year where they work and what they do, are the public schools. Class size is among and let them go to a better school and above the law in our country. the lowest, yet reading scores continue have a brighter future? If we learn Twenty-one years ago after the trag- to be at or near the bottom of every something about that which teaches us ic assassination of a CIA station chief national assessment. Sixty-nine per- something about what to do about and other attacks, Congress enacted cent of fourth graders are reading American education that will improve the Intelligence Identities Protection below basic level. That means 7 out of and help these disadvantaged children, Act of 1982 to punish the naming of 10 fourth graders can’t read. That so much the better. covert agents. The act addressed essen- means all educators and parents know How embarrassing it must be to tial appalling circumstances such as a that by the third grade, if they can’t stand up and argue against giving private individual or organization en- read, they are off on a track that goes $7,500 to 2,000 children in the Nation’s gages in a campaign to publicize the anywhere but along with the American Capital who deserve that brighter fu- names of agents. Appropriately, Con- dream that anything is possible. ture. gress reserved the most severe con- DC students ranked last in the Na- I hope this becomes an increasingly sequences—including imprisonment for tion in both SAT and ACT scores last bipartisan discussion. The Senator up to 10 years, substantial sums of year. Forty-two percent drop out of from California has offered an amend- money—for unfaithful U.S. Govern- school. Those are some of the statistics ment which improves the legislation. ment officials who intentionally dis- here in the District. Not every Republican supports this. close the identity of any of our coun- Finally, I would like to call attention Not every Democratic Senator opposes try’s own agents. To date, that kind of to an article by William Raspberry it. I hope over time we will see that betrayal is so far beyond the pale, so to that appeared on Monday, September choice as an essential part of the speak, so incomprehensible, that as far 29—yesterday—in the Washington Post. American system. We have had it for 60 as the Intelligence Committee has been Mr. Raspberry concludes his article years in our colleges. We have had it advised, there has never been a case with this question: for 12 years in the Child Care Program. prosecuted under it. If federally funded vouchers help a few Every family with money has it. Why It is, therefore, with special sadness hundred more local students to find such an not offer it to the disadvantaged, the that our country now faces an inves- environment, how bad is that? poor families of America, starting with tigation into whether the unimagi- He was writing about the debate here 2,000 families in the District of Colum- nable has, in fact, happened; whether in the District to create an academic bia in this bill? at the highest levels of our Govern- high school 20 years ago. Some people Thank you, Mr. President. ment there has been a felony disclosure said: Well, that will help some children The PRESIDING OFFICER. The Sen- of the identity of one of our covert and not others. Mr. Raspberry thinks it ator from West Virginia. agents. will help some children, and that will Mr. ROCKEFELLER. Mr. President, I When the Senate Judiciary Com- be good, and maybe that will help us am very happy to point out that the mittee reported the identities protec- find a way to help others. That is the good Senator from Tennessee and I tion bill in 1981, it made a number of basic essence of his article today. It is served as Governors together, and his findings which are as true now as they a good thing to use to conclude a dis- emphasis was always education then were then. They found that it is essen- cussion about the District of Columbia and obviously still is. I respect him tial for our Nation to have intelligence because it shows we all know that the greatly. information that is timely, that is ac- children of the District of Columbia I would like to speak for a few min- curate, and that human sources of in- can succeed, the schools can succeed. utes on Senator SCHUMER’s amendment telligence are the key to that effort This is the way he describes Washing- to call on the Attorney General to ap- and that we need and must be ready to ton’s academic high school: point a special counsel, it having been rely on our own covert intelligence By the way, Washington’s academic high laid aside on the basis of germaneness. agents to gather information from our school—Benjamin Banneker—is not merely I rise in support of the erstwhile sources. an established fact these days, it is an im- amendment—maybe it will come To quote our Judiciary Committee: portant source of pride for both the school back—calling on the Attorney General Without effective cover for United States system and the city. It was a Banneker stu- to appoint a special counsel to inves- intelligence officers abroad and without as- dent who a few years back scored a perfect tigate allegations that senior Bush ad- surance for anonymity of intelligence 1600 on her SATs. It was a Banneker team ministration personnel—perhaps in- sources, the United States cannot collect the that scored a record-setting total on the TV cluding those working at the very human intelligence which it must have to program ‘‘It’s Academic.’’ Banneker’s stu- conduct an effective foreign and national de- dents are smart, but not necessarily that highest level of the White House—may fense policy. much smarter than students elsewhere in the have knowingly and deliberately re- city. What they have is an atmosphere where vealed to the press the identity of an This was true in the cold war when academic striving is the norm, where no one undercover CIA agent. this law was enacted, and it is cer- calls them ‘‘nerds’’ or ‘‘brainiacs’’ or accuses I speak as a Senator from West Vir- tainly no less true today in the war them of acting ‘‘white.’’ ginia and also as vice chairman of the against terror. The recent result of Leave No Child Senate Intelligence Committee. This is The disclosure of our agents puts Behind shows us something we already a matter of national security. It is a them at risk. It puts their sources at know—that we have a lot of good matter of criminal law. It is a matter risk. And it puts our Nation, as a re- schools in America. But even in many that demands the most careful, impar- sult, at risk. of our better schools, there are some tial, and independent investigation In the case at hand, there is a further children—almost all disadvantaged and possible. As I will explain shortly, it is danger of immediate importance: The many of them minority kids—who are actually a matter without legal prece- Senate Intelligence Committee is con- not learning what they need to know, dent. ducting an inquiry into prewar intel- all over America, and it starts right The Senate, Republican and Demo- ligence about Iraq and how that par- here in the Nation’s Capital. We have crat alike, should go on record today— ticular intelligence compares with tried about everything. We tried char- which we have not—to demand the At- what is being found or is not being ter schools. We tried more money. We torney General not hold this too close found on the ground in Iraq. Two of the tried smaller classes. There are a lot of within the administration family, toughest questions we are asking are wonderful people working hard. where the investigation will inevitably whether any of the intelligence was ex- What this debate is about is: Should be questioned as raising conflicts of in- aggerated or distorted by the policy- we not take the idea which helped cre- terest. This is going to happen. Forget makers—that is, the users of the col- ate the best colleges and universities in the people involved. It is simply going lected and analyzed intelligence—and

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.067 S30PT1 S12172 CONGRESSIONAL RECORD — SENATE September 30, 2003 whether any pressure was brought to cial counsel is our best and most im- Quite simply, the Department of Jus- bear on any U.S. intelligence analysts partial mechanism for difficult cir- tice is the appropriate agency to look to shape their prewar analysis. cumstances such as these. The regula- into this matter. The CIA notifies the I deeply hope the final answers to tions provide the special counsel shall Department approximately 50 times those questions is a no but the jury is not be subject to the day-to-day super- per year to investigate complaints still out. The House has produced a vision of any official of the Justice De- about the leak of classified informa- preliminary report of several pages. partment. If the Attorney General con- tion. The Department has career pro- The Senate Intelligence Committee is cludes any action sought by the special fessionals that address matters like hard at work on a very thorough, very counsel should not be pursued, the At- these. This professionalism and experi- profound effort. torney General is required to notify ence is needed in instances like these I ask my colleagues, how can we pos- the Congress, and the Attorney Gen- to ensure that the investigation is done sibly expect our intelligence commu- eral must report to the Congress if he in a competent and complete manner. nity to come forward to help us to get or she wants to fire the special counsel Some of my colleagues believe that a the truth in the matter if they fear and can only do so for good cause. special counsel is needed because there that retribution will follow? One has In closing, since joining the Intel- has been a ‘‘clear violation of the law.’’ not had to raise this question before. ligence Committee, I have had the I respectfully disagree. While I agree Since mid-July, our intelligence honor of meeting dozens of covert in- that this matter is a significant one community officers have been reading telligence agencies working overseas in and needs to be promptly examined, it the same press reports that we have a variety of countries. These men and is premature to conclude that the Pro- been reading. They are reading about women make sacrifices that few Amer- tection of Identities of Certain United not just some inadvertent disclosure of icans even come close to understanding States Undercover Intelligence Offi- a potentially covert agent but some- or know anything about, which is as it cers, Agents, Informants, and Sources thing far more insidious. If press re- should be. They live undercover, unable statute has been violated based merely ports are true, then the allegation at to tell their friends or even their fam- upon media reports. In fact, there is issue is that there may have been a co- ily, what they do or where they are. reason to believe that no violation of ordinated effort to release the name of They work tirelessly with much of the this statute has occurred. The intel- a covert agent for the specific purpose operational activity conducted in the ligence statute prohibits the disclosure of discrediting somebody who disagreed evenings after regular working hours of the identity of a convert agent with the administration about the on other matters and on weekends whose identity and relationship to the fraudulent and much discredited when the rest of us are at home with United States the Government has af- claims of Iraqi purchases of uranium in our families. They put themselves at firmatively sought to conceal or that Niger, a policy which never received literal risk almost every single day. the defendant disclosed the name of a virtually any credence at all. And they love what they do. covert agent with reason to believe If the U.S. intelligence community If the recent allegations are true, that such activities would impair or and its agents believe their careers can someone in this administration has impede the foreign intelligence activi- be crushed by a phone call or by a cou- done these people a grave and lasting ties of the United States. Robert ple of phone calls, how can they be sure injustice. Our intelligence agents need Novak, the reporter who wrote the their candor will be protected? Why to know we understand the sacrifices story, has since stated: ‘‘Nobody in the should they produce candor? Perhaps they make and that we will come to Bush administration called me to leak they will be punished. They do not their defense when somebody puts this.’’ He also stated that, ‘‘According know. That does not happen, particu- them at risk. An independent inves- to a confidential source at the CIA, larly in our world. It can happen some- tigation is the only way—and it is the Mrs. Wilson is an analyst, not a spy, times in politics, but this is an every- only way—to restore their faith in the not a covert operative, and not in day part of their world. We rely on Government they serve. Not to do so charge of undercover operatives.’’ If them for accurate intelligence as they would have a chilling effect on the re- that is true, there is no violation of see it, as they believe it, that is then cruitment of people to do this vital this statute. gathered, analyzed, and passed on to work, in a time when intelligence may I would further urge those whose policymakers for judgments. be beginning to surpass actual war knee-jerk reaction is to call for a spe- How can the Congress meet our own fighting in terms of its importance to cial counsel to step back for a moment. investigation and oversight obliga- something called the war on terror. Political opponents of the President tions, a committee in each body? How I regret this amendment has been have charge that Karl Rove leaked this can we learn the true facts about the ruled out of order on this bill. I hope information. When pressed for specific conduct of government officials and in- we will again take it up. evidence about Mr. Rove’s involve- Mr. President, I yield the floor. form the American people? At this ment, they are at a complete loss. In I suggest the absence of a quorum. point, the prompt appointment of a The PRESIDING OFFICER. The fact, it is my understanding that special counsel is essential, the amend- clerk will call the roll. former Ambassador Wilson, who has ment being laid aside or not. The assistant legislative clerk pro- also charged that Karl Rove leaked Under the Department of Justice reg- ceeded to call the roll. this information, recanted when ulation, the Attorney General is to ap- Mr. HATCH. Mr. President, I ask pressed for evidence on Karl Rove’s in- point a special counsel when investiga- unanimous consent that the order for volvement. This kind of speculation is tion or prosecution of the matter the quorum call be rescinded. unfounded. Unsubstantiated state- would present a conflict of interest for The PRESIDING OFFICER. Without ments like these should simply not the Department and it would be in the objection, it is so ordered. take place on the floor of the U.S. Sen- public interest as a further matter to Mr. HATCH. Mr. President, I ask ate. appoint an outside counsel to assume unanimous consent that my remarks Since the Independent Counsel Stat- responsibility for the investigation in be considered as in morning business. ute expired in 1999, the Justice Depart- the matter. Both tests are plainly met The PRESIDING OFFICER. Without ment, under former Attorney General here. objection, it is so ordered. Reno, promulgated new regulations The Attorney General faces a conflict Mr. HATCH. Mr. President, I come to when the Attorney General may ap- of interest when an investigation leads the floor to respond to some of the point a special counsel. The regulation into the White House. And it is unques- comments that I have heard con- allows the appointment of a special tionably in the public interest to as- cerning the CIA’s request that the De- counsel when there is a need to inves- sure confidence in such a critically im- partment of Justice look into the leak tigate a unique case involving high- portant investigation. of the name of one of its employees. My ranking executive branch officials and/ The special counsel is admittedly not friends on the other side claim that a or there is a conflict of interest for the quite as independent as an independent special counsel should be appointed and Department. counsel—and we have had those—was that the Department should recuse The regulations allow the attorney under the former statute. But the spe- itself from the investigation. general to appoint a special counsel

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.071 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12173 when he or she determines that a Mr. DEWINE. I will yield for a ques- fered, then we would normally go to a criminal investigation of a person or tion. third reading. matter is warranted and (a) that inves- Mr. GREGG. How many amendments As I look around the Chamber, I do tigation or prosecution of that person are pending on the bill at this time? not see any of my colleagues, and so or matter by the Department would Mr. DEWINE. Despite the fact that out of deference to them I will not present a conflict of interest, or other we have had a lot of discussion, there make any unanimous consent at this extraordinary circumstances exist, and are no pending amendments to this point, but I say to my colleagues, in a (b) that under the circumstances, it bill. short period of time I would like to would be in the public interest to ap- Mr. GREGG. Then how many amend- raise the issue with them. I will not at point an outside special counsel to as- ments have been filed? There must this point, but I would like to make a sume responsibility for the matter. have been many amendments filed unanimous consent in regard to mov- I have every confidence in Attorney since we have been on it for 5 days. I ing forward. General Ashcroft and FBI Director wonder why we have not voted. Mr. GREGG. If the Senator will fur- Mueller’s integrity and ability to in- Mr. DEWINE. There was, of course, ther yield for a question, I note the vestigate this matter. The FBI and the the Feinstein amendment that was Senator from Connecticut is on the Department have career employees filed. We were able to debate that floor, as is the Senator from Nevada. It with the skill, experience, and honesty amendment. That amendment was might be appropriate at this time, if to look into this matter. For those who passed by a voice vote. Other than the the Senator from Ohio is so inclined, to doubt this, I would point out that simi- Feinstein amendment, there are no propound a unanimous consent that we lar skepticism was raised in the De- other amendments that have been filed complete this bill, having spent 5 days partment’s ability to investigate the and there are no other amendments on it, with no amendments pending and complaints made against it by those that are pending. no amendments filed. detained following September 11th. My Mr. GREGG. Madam President, if the Mr. DEWINE. I do see my colleague colleagues on the Judiciary Committee Senator will yield further for a ques- from Nevada. I do not know if my col- know, because I held a hearing on the tion? league had the opportunity to hear report, that the Department’s Inspec- Mr. DEWINE. I yield further to my what I said when he was coming to the tor General issued an exacting report colleague. floor, but to repeat it for my colleague, on the 9/11 abuses. The report shows The PRESIDING OFFICER. The Sen- I said simply we have been on this bill that the Department’s Inspector Gen- ator from New Hampshire. now for 5 days. We have had the Fein- eral, and career employees within the Mr. GREGG. It is almost incompre- stein amendment which was adopted. Department, pulled no punches regard- hensible that we have been on a bill for We have had a good debate. There real- ing the treatment of the 9/11 detainees. 5 days, that there are no amendments ly is no contentious issue about this This is the nature of career employ- filed, there are no amendments pend- bill, other than the one issue that has ees within the FBI and the Department ing, and we cannot complete the bill. been raised in regard to the school of Justice. The continuity of service Why would the other side not want to scholarships. We have had a good de- within our law enforcement commu- complete the bill since they are not fil- bate about that. Really, it is time for nity is what makes our criminal jus- ing amendments and there are no the amendments to be offered. We have tice system the best in the world. amendments pending? had discussion about amendments. In So I recommend to those who are Mr. DEWINE. Madam President, I fact, three of my colleagues have come recklessly casting aspersions about the would respond to my colleague that to the floor and talked about amend- ability of the Department and the FBI frankly I do not know. We have had a ments they might offer. We look for- to professionally conduct this inves- good debate. Many of the issues my ward to having those amendments of- tigation to take a careful look at the colleagues have raised have to do with fered and we look forward to having ad- facts. amendments they have said they are ditional debate on those amendments, Mr. President, I suggest the absence going to file. They have talked about although I will say we have already of a quorum. amendments. They have talked about The PRESIDING OFFICER. The had some good debate. We look forward actually several amendments that to additional debate, but we look for- clerk will call the roll. might be brought to the floor. Yet de- The assistant legislative clerk pro- ward to having those amendments of- spite the fact I have asked for amend- ceeded to call the roll. fered after having 5 days of debate. ments to be brought to the floor, there Mr. DEWINE. Madam President, I ask In just a moment I will make a unan- unanimous consent that the order for have been no amendments brought. So imous consent request. In fact, at this the quorum call be rescinded. I really frankly am at a loss to explain point I will do that. The PRESIDING OFFICER (Mrs. to my colleague why we are seeing no I ask unanimous consent that the DOLE). Without objection, it is so or- amendments and we are still now wrap- pending substitute amendment be dered. ping up our fifth day of debate on this agreed to, the bill be read the third The Senator from Ohio. bill. time, and the Senate now proceed to a Mr. DEWINE. Madam President, I Mr. GREGG. It seems to me in light vote on passage of the bill with no fur- will take a moment to remind my col- of that history and in light of the ther intervening action or debate; fur- leagues where we are today. We are present status of the pending amend- ther, that following the vote the Sen- now in the fifth day of debate of the ments, of which there are none—and ate insist on its amendment, request a District of Columbia appropriations there are none filed—it would certainly conference with the House, and the bill. I think we have had a good debate, be appropriate to go to third reading or Chair be authorized to appoint con- but this is the fifth day. Really, there in some other way bring closure to this ferees on the part of the Senate. is nothing controversial about this bill. bill so we could make sure the city of The PRESIDING OFFICER. Is there Senator LANDRIEU and I have worked Washington has the money they need objection? on this bill. It is a good bill. The only to operate and has the money the Mr. REID. Madam President, reserv- issue really before us has to do with Mayor has asked for to do some cre- ing the right to object, I have the the education scholarships, the school ative and imaginative things to im- greatest respect for my friend from scholarships. There are those who have prove the school system in the city. Ohio. I know his heart is in the right raised questions about those scholar- Mr. DEWINE. Madam President, I re- place, but I say respectfully to him and ships. While questions have been raised spond to my colleague that I agree anyone within the sound of my voice, I, about them, we are still waiting for with him, it is time to go to third read- speaking for me, told the majority amendments. ing. If there are no amendments, that leader, privately and publicly, that I have come to the floor time and is the normal procedure of the Senate. going to this bill was a mistake; that again and said, bring down the amend- You look around and wait for amend- this voucher issue was a contentious ments. ments, and after a reasonable period of issue and would make it very difficult Mr. GREGG. Will the Senator yield time if there has been debate and there this late in the session to complete the for a question on that point? are, in fact, no amendments to be of- bill.

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.017 S30PT1 S12174 CONGRESSIONAL RECORD — SENATE September 30, 2003 The decision was made to go ahead tion, some $87 billion that we have All four of those attempts in 1996 with this legislation. We have been on been asked to mark up and get to the failed, and since 1996 have failed. It is it now for 2 weeks. I say to my friend Senate floor today. That bill will be on 2003 now. In 1997, the Senate voted 58 to from Ohio, the manager of this bill, the floor this evening unless something 41 to reject the motion to invoke clo- along with the Senator from Louisiana, goes wrong. Otherwise, it will be here ture on the Coats amendment. Four who has done an outstanding job, that tomorrow. times in 1996, all imposing vouchers on this is something that is done only for So I understand, having managed a the District of Columbia. In 1997, an- fill. I think everyone knows that this few bills in my day, how the Senator other vote. bill, as long as this voucher issue is in from Ohio would have loved to get this In the time from 1996 to 2001, not one here floating around, is not going to go bill finished 2 days ago. But under the of our colleagues—and this is my ques- very far. present status of the Senate, with the tion—not one of our colleagues who So I think the leader should bring up total thrust for the next 2 weeks being have been out speaking in favor of one of the other seven appropriations on the $87 billion that the President vouchers have ever asked any city in bills so we can move along. We have has requested, I think we would all be their State to impose vouchers. Does wasted 2 weeks. There are appropria- better served if the DC bill were taken the Senator find that this is somewhat tions bills we should all be dealing from the calendar—which it will be peculiar? We have these voices that are with. But it appears to me the decision just in a matter of hours. But I would on the floor of the Senate: Let’s rush has been made by the majority that love to see the bill passed. this thing for the District of Columbia. they are not going to do any more ap- I, by the way, a number of years ago, And yet over the last 7 years that we propriations bills; they will all be 15 years ago or so, was the chairman of have been voting on this, not one of lumped into one big clump. I think the DC appropriations committee. I them has asked to impose vouchers on that is unfortunate. know it is an interesting sub- any one of the cities in any one of their If, in fact, there is some prospect of committee, and I enjoyed it very much. States? taking the voucher provision out of There is so much that needs to be done Mr. REID. I respond to my friend this bill, we could finish this bill very for the District of Columbia—in edu- from Massachusetts, it is no wonder quickly. So without belaboring the cation, certainly. We just have a dif- that people who live in the District of point, I object. ferent outlook on what should be done Columbia have bumper stickers that The PRESIDING OFFICER. Objec- to help education. say, ‘‘No Taxation Without Represen- tion is heard, the Senator from Ohio. But separate and apart from that, I tation.’’ It is no wonder that the peo- Mr. DEWINE. Madam President, I re- think if we would take the contentious ple, hundreds of thousands of people gret that. I am sorry to hear that. But issue dealing with vouchers from this who are American citizens, who live in the fact is, this bill could be finished bill—and you can sugarcoat it and call the District of Columbia, are treated very quickly. We have heard comments it scholarships or whatever you want like second-class citizens. They do not about several amendments. Frankly, it but we are both talking about the same even have a Senator. They have a non- would not take long to debate those subject—this bill would pass in a mat- voting delegate. amendments. We have already had a ter of not hours but minutes. So I hope I say to my friend from Massachu- good debate about those amendments. for the District of Columbia, that we setts, it is no wonder that people of the We pretty much know what is in those would do that as quickly as possible. District of Columbia believe they are amendments. Mr. KENNEDY. Will the Senator being treated like a stepchild. Are they My colleagues could bring those yield for a question? part of this great country? People who amendments to the floor very quickly, Mr. REID. I am happy to yield to my live in the Nation’s Capital can’t do we could debate them, and we could friend from Massachusetts. things that every other citizen in this dispose of them. We could have a good The PRESIDING OFFICER. The Sen- country can do. debate, we could take whatever time ator from Massachusetts. Mr. KENNEDY. Madam President, that needs to be taken, Members could Mr. DEWINE. If my colleague will this gets to the point. I don’t know come to the floor to debate the amend- yield for just a minute and I will finish, whether he will agree with me. We ment, and we could move on. I am sorry to hear that. I understand don’t try to impose this voucher pro- Let me ask my colleague this. In what the position of the Senator is. We gram on the State of Nevada. We don’t light of that objection, I wonder if we will continue to move on and try to get try to impose it on the State of New could set a time certain at least to find this bill passed. Hampshire or the State of Ohio or the out if they would be prepared to set a Mr. REID. I am happy to hear from State of Massachusetts. Does the Sen- time certain for a vote on passage for the Senator from Massachusetts. ator not find—I think he will—it ex- later today or perhaps tomorrow? Mr. KENNEDY. I ask the good Sen- traordinary that we are prepared to try The PRESIDING OFFICER. The as- ator, it is my understanding that, if we to impose it on the almost 600,000 peo- sistant Democratic leader. did not have the issue of the imposition ple who live in the District of Colum- Mr. REID. Madam President, it is of vouchers on the District of Colum- bia, who do not have any representa- clear that we have had a number of bia, we could move right to third read- tion here to speak for them? Why days that have been wasted on this ing? aren’t our friends on the other side of piece of legislation. As to whose fault Mr. REID. In a matter of minutes. the aisle—mostly on the other side of it is, there is lots of blame to go Mr. KENNEDY. In a matter of min- the aisle—who oppose vouchers trying around. I don’t think we need to get utes. Since this involves an education to impose them on the State of Cali- into the blame game. But the fact is, issue, and we on our side believe it is fornia or Massachusetts or Nevada? we have 29 Members of the Senate who an extremely important education They don’t ask for that. They take the are ensconced in Dirksen 109 or 106, issue, that it is appropriate we have a District of Columbia, that doesn’t have whatever the number—that is where I full discussion about what exactly are a spokesperson out here to speak for was headed a few minutes ago—on the going to be the educational implica- them on this issue—though it has been supplemental appropriations bill deal- tions of a voucher program, I wonder if considered by the people of the Dis- ing with funding for the military in the Senator remembers that in 1996, trict. It has been thoroughly and com- Iraq and the reconstruction of Iraq. the Senate voted four times on the mo- pletely rejected by the majority of the That meeting started at 10 o’clock tion to invoke cloture on the DC appro- school board, the school council, and today and is going as we speak. So we priations conference report, and all the majority of parents. have approximately a third of the four times the motion and the effort to What is it about our friends asking Members of the Senate who are there, impose vouchers on the District of Co- my good friends tonight, Why are we one of whom is MARY LANDRIEU, the co- lumbia failed? holding this up? Are they willing to ac- manager of this bill. She indicated to We have never tried to have a vouch- cept the voucher program for the State me today, earlier today, she wanted to er program in any other city of the of Ohio or for some other State, rather be there during the deliberations on country since 1996. It is only the Dis- than imposing it on the District? I find that most important piece of legisla- trict of Columbia. this extraordinary.

VerDate jul 14 2003 01:02 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.075 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12175 I don’t want to delay the Senator. I Mr. REID. My friend has been a long- wanted to go ahead with the program, know he has other business. I know he standing Member of this most impor- there is nothing prohibiting them from will have some difficulty reading this tant committee where we have dealt going ahead and developing this pro- chart. But it shows that the majority with matters of education for decades gram on their own. That is the extraor- of elected officials, community leaders, in the Senate. We know that private dinary irony. That is what I say to and organizations in DC oppose vouch- schools, most of the time, give kids those who suggest we are holding this ers. This is the list of the elected offi- more attention. We have all heard legislation up. We cannot pass this part cials. Obviously, ELEANOR HOLMES NOR- these reports. But as the Senator from if it has this mandated program in TON. And it goes down to the council Massachusetts pointed out, they do not terms of vouchers which has very im- members, the board of education, the have to accept children who are phys- portant educational implications, not local organizations, various church ically or emotionally or mentally only in terms of this bill, but in the groups, parents groups, and all the handicapped. Public schools have to broader sense in terms of our country. rest. take all the kids. It makes it more dif- If the District of Columbia wanted to It troubles me that so many of our ficult. develop a program, they could do it colleagues are willing to try to impose We should be devoting our attention themselves. They haven’t, as has been something on a particular community to helping the District of Columbia pointed out. Effectively, we are requir- that doesn’t have representation here have the resources so they can take ing them to do so. in the U.S. Senate, where so many are care of all the problems they have in I am going to have more of a chance against it, and when it has such broad public schools. to speak on this issue, but I want to educational implications. Mr. KENNEDY. May I ask the Sen- I know the Senator has responsibil- draw to the attention of the Senate the ator a question on this? It is very in- progress that has been made in what ities. If he has a moment, the Senator teresting. We will have a chance to get remembers our long and extensive bat- we call the transformation schools in into this in more detail. the District of Columbia. I will take tle to try to bring reform to our public They say, yes. They say, well, Sen- schools. We understood that we needed time to go through the bill in detail ator, kids will have some kind of lot- when we get a chance to return to it. two elements: Reform and resources. tery in terms of the selection, in terms Some things just come out at you We had the reform and the resources. of who will attend. But there is noth- when you look at the District of Co- Then the administration backed out. ing in here that requires the school to lumbia schools. And I have had the op- But this chart shows public schools accept what the outcomes are. People portunity to look. I have the good op- are held accountable when students run around saying: Oh, yes, we have a portunity to read at the Brent School. fail. Private schools are not held ac- better system. But nothing requires I will read there weekly, starting in countable. Public schools are required them to take the children who go October again for this year. I have been to see that every child is taught by through this process, unlike the public doing that now for 7 years—this will be highly qualified teachers. In the No school system. my seventh year. I have also taken the Child Left Behind Act, that was the re- Mr. REID. Private schools can pick opportunity to speak at graduations in quirement for 4 years. There has to be and choose who they want. They can the District of Columbia. I did this this a highly qualified teacher in each pick and choose the voucher kids who year. I look for that opportunity when classroom. There is no such require- would be submitted to them from the I can, and will continue to do so. ment here, in private schools. Public school district here in the District of schools must provide parents with re- Columbia. Of course, who would not be The fact is, just a few years ago we port cards. Private schools don’t have accepted? A kid would not be accepted, passed the No Child Left Behind Act, to provide public report cards. of course, if the kid had a physical dis- with some rather basic and funda- I ask unanimous consent this chart ability or a mental or emotional dis- mental principles on this idea of devel- be printed in the RECORD. ability or has maybe been unruly in oping the curriculum that was going to There being no objection, the mate- be appropriate for these children, and rial was ordered to be printed in the the past. I appreciate very much the Senator which was going to require well-quali- RECORD, as follows: in effect assisting the debate today. It fied teachers to teach the curriculum. is not as simple as going to third read- We are going to examine the child as DC PUBLIC SCHOOLS ARE IMPROVING: TRANSFORMATION he or she goes through the year, to find SCHOOLS ing and passing the bill. If we really care about the District of Columbia, let out what the child does not know. We are going to have support services for School Read Math Total Read Math Total us give them the resources they need, (2002) (2002) (2002) (2003) (2003) (2003) strip this voucher stuff off of it and that child so they can keep up, and Simon ES...... 46 43 89 56 63 119 come back and take a look at it again well-trained teachers. We have ac- Noyes ES...... 42 43 85 58 56 114 countability for the parents so they Davis ES...... 45 51 96 50 59 109 some other time. LaSalle ES..... 47 51 98 47 54 101 But I would resent this Senate forc- will have information for account- Turner ES...... 43 45 88 48 52 100 ability of the schools, and account- Cookie (H.D.).. 43 45 88 46 53 99 ing down the throat of the people of Wilkinson ES.. 35 38 73 42 48 90 the State of Nevada a program dealing ability for everyone, including the Fed- Stanton ES..... 39 40 79 38 44 82 eral Government. We are the ones who Terrell JHS...... 37 38 75 35 45 80 with vouchers in the State of Nevada Evans MS...... 36 40 76 38 41 79 which the State of Nevada did not ap- failed in terms of providing the re- Kramer MS..... 41 43 84 39 41 80 sources to which we committed, but Walker-Jones .. 41 42 83 37 39 76 prove first. The voucher program for the District of Columbia has not been the transformation schools in the Dis- Average scores on the SAT 9 Achievement tests. approved by the authorities in the Dis- trict of Columbia have followed many Mr. KENNEDY. Finally, the public trict of Columbia. You have an elected of these same principles as in No Child schools are required to accept and official or a mayor walk out and say: I Left Behind. serve all students. Private schools are like it. But if he looks at it, he has got- We have made very important not required. As we understand, many ten a few other goodies for the District. progress in these transformation of the private schools can’t do this be- You have to ask him. But it appears to schools. They are demonstrating the cause they don’t have either the facili- me that a few other goodies are entic- essential elements of what was in the ties for special needs children, or the ing him to go along with this. No Child Left Behind Act. We know trained personnel. We understand that. Regardless of that, he is in the mi- what works. We don’t have to redis- But, nonetheless, the Senator would nority because largely everyone in the cover and find out what works. That is agree with me that public school sys- District opposes what he wants. what is so tragic because we know the tems have served our Nation well. They I deeply appreciate the Senator from progress that has been made in these are taking all children. And they would Massachusetts joining with me on the transformation schools. We know the serve much better if we had an admin- floor this afternoon. needs. We know the struggle those par- istration that would fulfill its commit- Mr. KENNEDY. I thank the Senator. ents have keeping their children in the ment, in terms of supporting them and Just to continue the observation, of transformation schools. We know the No Child Left Behind. course, if the District of Columbia pressures the teachers face.

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.094 S30PT1 S12176 CONGRESSIONAL RECORD — SENATE September 30, 2003 Although my chart is small, it shows voucher program, who argue that this agen- Councilmember Chavous did not introduce a the transformation schools. It com- da will grant low-income families a choice as bill to create this program. He could have, he pares their scores in reading and math to where their children can receive an edu- did not. The fact that he chose to bypass his for 2002, and reading and math for 2003. cation. I have watched your attempts to re- colleagues on the DC Council does not mean pair some of the major defects in the legisla- that the DC Council wants vouchers. Nor The progress is dramatic. We know tion as it is presently written, and bring does the fact that this Mayor, the first DC what works. some accountability to a program that has Mayor to appoint half the school board, the We will have a chance to review this. not been the subject of any hearings, not Mayor with more authority over local edu- I ask unanimous consent that the been adequately studied. In its present form, cation than any of his predecessors, wants progress of a number of these trans- it is unlikely to achieve even partially the vouchers mean that the Senate is free to dis- formation school be printed in the objectives of its supporters, and if I had a regard the viewpoints and wishes of a major- vote, I would support Senator Durbin’s mo- RECORD. One school is Simon Elemen- ity of DC’s elected officials, and ignore the tion to strike this entire portion of the bill. tary School located in Ward 8, one of due process system of checks and balances After all of the hard work done by this that are part of our limited home rule gov- the poorest wards in the city. It serves Congress on education, to go from a policy of ernment in the District of Columbia. The re- 400 students, almost entirely African ‘‘Leave No Child Behind’’, and replace it ality is that, vouchers are being advanced by Americans, with 10 percent special edu- with ‘‘Leave All But Up to 7,500 Children Be- the President, over the objections of the ma- cation. Last year they raised assess- hind’’ is troubling to say the least. The re- jority of DC residents. ment by 30 points in reading and math ality is, that vouchers discriminate, helping I know voucher proponents sincerely be- combined. Reading scores rose 10 few students, as a vast majority of students lieve that they are looking after the best in- are left behind with a failing education. terests of the students of the District of Co- points and math scores rose 20 points. If this body decides to allocate federal Noyes Elementary School is another lumbia; however, I urge them to consider the funds to improve the education of children of negative effects that the voucher program transformation school which is show- the District of Columbia, that would be very will have on the public school system and ing significant improvement. appropriate. Please remember when you con- the pupils of the public schools. Let us show With the resources we have available, sider the District of Columbia Appropriation, our faith in the American public school sys- invest in what we are doing rather than that while obviously, all of the locally raised tem, and let us not turn our backs on the trying to superimpose another system funds by their very nature come from DC children of the American public school sys- Citizens, a significant portion of those fed- tem. on the District of Columbia. eral funds come from the locally residing I will elaborate later in the debate. To those Senators who claim that this is Federal taxpayers of the District of Colum- not about vouchers, but claim only to be Ms. LANDRIEU. Mr. President, I ask bia as well. Those same Federal taxpayers, supporting Democracy by promoting the ob- unanimous consent to print the fol- whose sole representation in this body is jectives of our popularly elected Mayor, I lowing letter from Paul Strauss, Dis- limited to the submission of written state- point out to you, Senator, that Mayor Wil- trict of Columbia ‘‘shadow’’ Senator. ments by a so-called ‘‘Shadow Senator’’ who liams also supports budget autonomy and There being no objection, the mate- is forced to watch this debate from a seat in full voting representation in the Senate for the family gallery. DC Residents. Where will these sudden cham- rial was ordered to be printed in the I urge that those funds be pumped into the pions of DC’s self-determination be when it RECORD, as follows: public schools where they will be most bene- comes to these issues? If the Senate is sin- OFFICE OF THE U.S. SENATOR ficial, and in that regard I appreciate the cere in advancing the so-called local agenda, FOR THE DISTRICT OF COLUMBIA, committee’s mark for Public and Charter then all they need to do is simply support Washington, DC, September 30, 2003. School improvements. All children will ben- full Budget Autonomy, and let the District Hon. MARY LANDRIEU, efit from public schools supplied with well- decide on its own. Then we can see where the Ranking Member, Committee on Appropriations, trained staff, school supplies, books, secured District’s officials really are on this issue. Sub-Committee on the District of Columbia, facilities, and other needed resources. Even I thank you for all your work on behalf of U.S. Senate, Washington, DC. though, these vouchers are to be funded with my constituents in the District of Columbia. SENATOR LANDRIEU: As the United States so called new or additional federal money, in Sincerely, Senator elected by the voters of the District the end, the voucher program will only drain PAUL STRAUSS, of Columbia, I have watched the debate over resources and the funding for the Public U.S. SENATOR, my District’s budget closely. In that capac- Schools. For one thing, there are no guaran- District of Columbia (Shadow). ity, I appreciate all of your hard work on be- tees by this administration to continue fund- half of my community. However, I also want ing in the next fiscal year. We could start IRAQ to thank you, perhaps even more signifi- this program in fiscal 2004, and then be Mr. KENNEDY. Madam President, as cantly, as the parent of a little girl who at- forced to drain local funds to sustain it in Congress continues to debate President tends our local DC Public School. fiscal years to come. Or, even more likely, Bush’s request for the massive sum of This year, after two years of private reli- the Senate may choose to fully fund this $87 billion as the next installment to gious Pre-K education, my wife and I decided three-tiered approach, only to have the addi- pay for its flawed and failed policy in to enroll our daughter, Abigail Lafleur tional funds for Public and Charter Schools Strauss, in our local public elementary struck from the bill in Conference. Iraq, the administration frequently school. While many of DC’s elected officials I realize that my Mayor, Anthony Wil- compares it to the Marshall plan,which have weighed in on this debate, I believe I liams, is a supporter of the voucher program. was so successful in rebuilding Europe am the only official who’s child actually is I respect Mayor Williams. I voted for the after World War II and transforming presently enrolled in our often unfairly ma- Mayor the last time around, and I agree with them into new democracies. ligned Public School system. him on a great many issues. I disagree with Sadly, the most obvious area in Choosing to put my daughter in a DC Pub- him on this issue, but I was nevertheless which the administration’s proposal on lic School was not a decision we made for fi- proud to welcome him to the Senate, when nancial reasons. We are fortunate to have he availed himself of his Rule XXIII privi- Iraq corresponds to the Marshall plan had options, but it is not a decision that we leges and certainly envious that our local is its cost to the American taxpayer. regret. I must ask those Senators who have Chief Executive has this prerogative. I ask And the comparison here is hardly to taken the floor in recent days to broadly at- you to consider for a moment the irony that the administration’s advantage. Under tack all of the District’s Public Schools, the DC Mayor has the privilege of the Senate the Marshall plan, $88 million—in to- please consider the damage that this inflam- floor, while DC’s own elected United States day’s dollars—was spent over 4 years. matory and insulting rhetoric causes. Like Senator does not. The Bush administration is now asking any public institution, our schools thrive on I was even more astonished at the sugges- for $87 billion for Iraq for next year their relationship with their community. tions by some members, mostly in the Ma- While DC, like many other urban areas have jority but a few of my own Democratic col- alone. our share of problems, significant numbers of leagues as well, that somehow, by imposing There are many differences between DC Students get a quality education in our vouchers on the District of Columbia, they the Marshall plan and the President’s public schools. When even our non-failing are advancing the cause of Home Rule. The unprecedented $87 billion request on schools are attacked, these children and the Senate needs to understand that if the lo- Iraq. The most important is that the hard-working teachers that serve them are cally selected Board of Education wanted to Marshall plan deserved to be called a done a great injustice. fund a voucher program, they would do so. plan. The school voucher program that is cur- Instead, the fact that the President of the The Marshall plan was formally pro- rently included in the District of Columbia Board of Education chose to bypass the appropriations bill (H.R. 2765) is a further in- School Board, does not mean that the School posed in 1947 at Harvard in a com- justice to the District of Columbia public Board wants vouchers. It is also true, that mencement address by George C. Mar- schools and its pupils. I have heard the argu- one member of the Council of the District of shall, the famous World War II General ments advanced by the supporters of the Columbia supports vouchers. However, who had become Secretary of State

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.097 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12177 earlier that year in the Truman admin- administration began to argue that Why the change? Ambassador Bremer istration. His proposal was discussed at ‘‘Iraq can pay for its own reconstruc- says Iraq has an unsustainable level of an international conference in Paris tion.’’ The war might be costly, we foreign debt—nearly $200 billion—left that include 16 nations. More than a were told, but it would be quick and de- over from Saddam which would prevent full month of congressional hearings cisive. The financial obligation of the use of Iraq’s oil wealth to pay for the were held in which over 90 witnesses United States would be limited, be- reconstruction. testified. cause the liberated Iraqi people would Iraq’s enormous debt was already At the conclusion of the extensive use their extraordinary wealth from well-known. But the administration congressional debate, Senate Arthur C. the world’s second largest reserves of chose to ignore it in order to convince Vandenberg, who had been a leading oil to finance the reconstruction. the public that the costs of reconstruc- critic of the Truman administration’s In a February 2003 White House brief- tion would be low. foreign policy, described the plan as ing, Ari Fleischer argued that ‘‘Iraq, The architect of much of the Iraqi ‘‘the final product of eight months of unlike Afghanistan, is a rather wealthy war plan, Deputy Secretary of Defense more intensive study by more devoted country. Iraq has tremendous resources Paul Wolfowitz, is now saying that we minds than I have ever known to con- that belong to the Iraqi people. And so knew all along the war would be expen- centrate upon any one objective in all there are a variety of means that Iraq sive. Despite earlier claims that Iraq my twenty years in Congress.’’ has to be able to shoulder much of the could pay for its reconstruction and Compare that to what is happening burden for their own reconstruction. relatively soon, Secretary Wolfowitz today. Instead of a well-deliberated and In March, Defense Secretary Rums- told the Senate Armed Services Com- well thought-out plan, the Bush admin- feld told the House Appropriations mittee on September 10: ‘‘No one said istration has given the Congress a 2- Committee, ‘‘I don’t believe the United we would know anything other than month-old, 28-page ‘‘working docu- States has a responsibility for recon- this would be very bloody, it could be ment’’ and asked us to write a blank struction, in a sense . . . [Reconstruc- very long, and by implication, it could be very expensive.’’ check for $87 billion for Iraq. That re- tion] funds can come from those var- Secretary Wolfowitz never told the quest came to Congress just 6 months ious sources I mentioned: frozen assets, American people it could be very ex- after we had earlier provided $78 billion oil revenues, and a variety of other pensive. Until this month, no one in for the war. things, including the Oil for Food pro- the administration—other then Larry I doubt that at the end of this debate, gram, which has a very substantial Lindsey—said it would be expensive. any Senator would be willing to de- number of billions of dollars in it.’’ This is worse than fuzzy math, and scribe a 2 month old ‘‘working docu- At the same hearing, Deputy Sec- the American people have a right to be ment’’ as glowingly as Senator Van- retary of Defense Paul Wolfowitz said, furious about it. denberg characterized the Marshall ‘‘The oil revenues could bring in be- And they will be even more furious plan. tween $50 and $100 billion over the about it as they learn what we are In the 13 days since the administra- course of the next 2 years . . . We’re being asked to fund: $400 million for tion presented this proposal to Con- dealing with a country that can really maximum-security prisons. That’s gress, we still have not been able to ob- finance its own reconstruction, and rel- $50,000 a bed; $800 million for inter- tain answers to critically important atively soon.’’ national police training for 1,500 offi- questions. How will the administration Also, at that same hearing, Deputy cers, that’s $530,000 an officer; Consult- involve the international community Secretary of State Richard Armitage ants at $200,000 a year. That’s double in a genuine way in the rebuilding of said, ‘‘This is not Afghanistan . . . normal pay. It is double their profit Iraq? Can we count on additional for- When we approach the question of Iraq, margin too? And $164 million to de- eign troops to share the burden or not? we realize there is a country which has velop a curriculum for training Iraqi How long will American troops and for- a resource. And it’s oil. And it can soldiers. Why does it cost that much to eign troops remain in Iraq? bring in and does bring in a certain develop a curriculum? And $1.4 billion It has become increasingly clear that amount of revenue each year . . . $10, to reimburse cooperating nations for the President and the Pentagon never $15, even $18 billion . . . this is not a logistical, military and other support had any idea about the cost of what broke country.’’ provided to U.S. military operations; they wanted to do in Iraq. In this arro- What the Nation heard was clear: $100 million for the ‘‘United States gant go-it-alone attitude toward other Don’t worry about the cost. Iraq can fi- Emergency Fund for Complex Foreign nations, they thought they could plan nance its own reconstruction. Crisis’’; $15.5 million to the European Lone Ranger in the world, and instead In fact last March, the administra- Command for countries directly sup- they have become a very lonesome tion was so confident of this that it put porting the war on terror. cowboy. a $1.7 billion price tag on the recon- Before Congress rubber-stamps the Now our troops are paying for it with struction effort in Iraq. Shortly after administration’s $87 billion request, we their lives. the war began that month, Adminis- need answers. We need accountability. In its rush to war, the administration trator Andrew Natsios of the Agency We need the truth. The amount of failed to recognize the danger and com- for International Development con- money is huge. It is more than the plexity of the occupation. They repeat- fidently proclaimed: combined budget deficits of all 50 edly underestimated the likely cost of The rest of the rebuilding in Iraq will be States for 2004. It is 87 times what the their enormous undertaking. done by other countries who have already Federal Government spends annually Opposing voices in the administra- made pledges—Britain, Germany, Norway, on afterschool programs. It is 2 years tion were ignored. Last September, Japan, Canada, and Iraqi oil revenues . . . worth of unemployment benefits. It is chief presidential economic advisor The American part of this will be $1.7 billion. enough to pay each of the 3.3 million Lawrence Lindsey said that the total We have no plans for any further-on funding people who have lost their jobs in the of this. cost of the Iraqi war might be as much past 3 years more than $25,000. as $200 billion. His estimate was quick- The administration embraced the It it seven times what President ly refuted by White House Budget Di- Iraqi self-sufficiency argument as re- Bush proposed to spend on education rector Mitch Daniels, who said cently as the end of July, when OMB for low-income schools in 2004—seven Lindsey’s estimate was ‘‘very, very Director Josh Bolten testified that the times the amount. It is nine times high’’ and suggested the cost would be administration did not ‘‘anticipate re- what the Federal Government spends a more manageable $50 to $60 billion. questing anything additional for the on special education each year. It it Independent analyses at that time in- balance of this year’’ with regard to eight times what the Government dicated that the cost might approach Iraq operations or reconstruction. spends on Pell Grants to help middle $300 billion. Secretary of Defense Just 5 weeks later, President Bush and low-income students go to College. Rumsfeld called them ‘‘baloney.’’ stunned the Nation by saying that $87 And it is larger than the total economy Last spring, as part of a broader ef- billion in additional funding—including of 166 nations. fort to win the support of the American $20 billion for reconstruction—was Clearly, we need to require competi- people for the military operation, the needed. tive bidding for Iraqi contracts. Left to

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.049 S30PT1 S12178 CONGRESSIONAL RECORD — SENATE September 30, 2003 its own devices, the administration The legislative clerk proceeded to export value of oil, conservatively. will continue to make sweetheart deals call the roll. That is $160 billion in net export of oil with American contractors at the tax- Mr. DORGAN. Mr. President, I ask in the next 10 years or $320 billion in 20 payer’s expense. unanimous consent that the order for years. A third of the $3.9 billion monthly the quorum call be rescinded. Members of the Iraq Governing Coun- cost of the operations in Iraq is quietly The PRESIDING OFFICER (Mr. AL- cil were in town today, and the chair- flowing to private contractors. Halli- EXANDER). Without objection, it is so man of the Iraq governing authority burton alone has already received more ordered. said: It is not 3 million barrels, we are than $2 billion in contract awards—an Mr. DORGAN. Mr. President, within going to produce 6 million barrels a amount that exceeds Administrator the past hour or so the Senate Appro- day, and we have the largest oil re- Natsios’ original $1.7 billion estimate priations Committee finished its work serves in the world. for the total U.S. cost of the recon- on the supplemental appropriations re- Now, I don’t know who is right about struction of Iraq. More than $1.2 billion quest that President Bush has made for that. But this country of 24 million was awarded in noncompetitive bid- Iraq and Afghanistan. We had a rather people has massive oil reserves, the ding. The Iraqi people deserve the ben- lengthy session today starting at 10 pumping of which will produce substan- efits of peace, but instead, the adminis- this morning. We had a series of votes tial revenue that ought to be used to tration’s friends in corporate America on a range of important issues. I want- reconstruct Iraq. are divvying up the spoils of war. ed to comment about what we can ex- So it is incomprehensible to me that Is Halliburton the company best able pect on the floor of the Senate. I of- the Administration would be request- to get the job done efficiently for the fered some amendments. I want to de- ing that the cost of reconstruction be U.S. in Iraq? scribe one of them for a moment be- born by the American taxpayer. In 1997, the General Accounting Of- cause I intend to offer it tomorrow Do you want to know who said it was fice found that Halliburton’s construc- morning. not the American taxpayers’ job to re- tion subsidiary in the Balkans had The supplemental appropriations bill construct Iraq? Paul Wolfowitz, the As- billed the Army $85 a sheet for plywood that is necessary for Iraq is an impor- sistant Secretary of Defense. that actually cost $14 a sheet; In 2000, tant issue. The President has asked for He said: This will be paid for with oil the agency found that the company $87 billion in additional funding, imme- revenue. was charging the Pentagon four times diate and urgent funding on an emer- Vice President DICK CHENEY also what it should have been charging for gency basis for Iraq. Roughly $65 bil- said: Oil revenue will help pay for the office cleaning; In 2002, the company lion, close to 66, is for the military, and reconstruction. paid the U.S. ‘‘$2 million to settle fraud another $20.3 billion is for reconstruc- Mr. Natsios, the head of USAID, said claims at Fort Ord.’’ At a minimum, tion in Iraq. I want to talk about the reconstruction in Iraq would cost $1.7 all contracts should be provided on a reconstruction issue because that is billion, and that would be the total competitive basis—no exceptions. critically important. cost to the American taxpayers for the Why not scale back the lavish re- The question is this: Should the reconstruction of Iraq. He said this 5 sources being provided to contractors United States taxpayer bear the burden months ago, and he said it three times and consultants and provide larger of $20 billion for reconstruction of Iraq? on the same Ted Koppel program. sums directly to the Iraqi people? It is Among the list of items of reconstruc- To a person, the folks in this admin- their country. They have the greatest tion in a 55-page document from the istration who spoke to this issue have stake in the success of their recon- administration are the following: $9 said the reconstruction of Iraq should struction, and involving them will en- million to create a ZIP Code system, be done with the use of Iraqi oil pro- hance the prospects for success. the purchase of a fleet of garbage ceeds. In some areas of Iraq, military offi- trucks at $50,000 a truck, creating 2 Now, I offered an amendment in com- cials have already been able to achieve prisons with 4,000 beds at $50,000 a bed, mittee today. It lost by a vote of 14 to impressive results with small amounts and the restoration of marshlands—and 15. It lost by just 1 vote. My amend- of money. One former military official I could go on. ment directed Ambassador Bremer, told me that the U.S. military funded Many of these things may be desir- working in consultation with the Iraqi the building of a cement factory for able, but they are not urgent. Governing Council, to establish an Iraq just $100,000. The bid by an American Let me also say that in our recent Reconstruction Finance Authority. contractor for the same project was in military campaign in Iraq, the so- The amendment said that this the millions. called Shock and Awe campaign—a Authority’s mission would be to sell se- Iraq has many of the best trained oil devastating military campaign that curities against future oil revenues, to engineers in the world. Why not give very quickly crushed Saddam Hussein’s raise the money to reconstruct the them—rather than large American army—we deliberately avoided dam- country of Iraq. I mentioned that Iraq companies—a larger role in rebuilding aging the infrastructure of Iraq. We de- could earn $160 million from oil over 10 the industry? liberately did not target the electric years. If that Reconstruction Finance As the Congress debates this funding, grid, the powerplants, roads, dams. Authority would borrow $30 billion at 6 we will be looking for answers from the So while reconstruction for Iraq may percent for 10 years, they would repay administration to these questions. We be necessary, it is not because this it at $4 billion a year. will be insisting on accountability. The country damaged Iraq’s infrastructure. That is an easily achievable goal for administration cannot continue to low Instead, Saddam Hussein for many the country of Iraq. And it would ball the cost and make up its plan day years took from the economy of Iraq mean, simply, that Iraqis would use by day. It can no longer cook the and provided to his military. He their oil to finance the reconstruction books. starved Iraq’s economy, and the econ- of their own country. The administration’s failure to have omy is in pretty tough shape. When this amendment failed in com- a plan is costing too many lives and Now, Iraq is a country of about 24 mittee today, we were told that, in- too many dollars. It would be irrespon- million people, something close to the stead, the American taxpayers should sible for the Congress to write an $87 size of the State of California. It is not pay this bill. billion blank check for the administra- an impoverished country flat on its Let me talk just for a moment about tion, without demanding an honest back with no hope and no resources. how my amendment—which I will offer plan to achieve stability in Iraq, in- This is a country that has the second again on the floor of the U.S. Senate— volving the international community largest oil reserves in the entire world, would work. I am not suggesting we in the rebuilding, and preventing the with liquid gold under its sands. It has loan money, I am not suggesting we disaster in the making we have caused. the capability, Ambassador Bremer have a guaranteed loan, I am not sug- Madam President, I suggest the ab- said, of pumping 3 million barrels of oil gesting the American people take the sence of a quorum. a day beginning in July next year. Iraqi oil and sell it and use the pro- The PRESIDING OFFICER. The Three million barrels a day means Iraq ceeds. I am suggesting the Iraqis con- clerk will call the roll. will produce $16 billion a year of net struct an Iraqi-controlled authority,

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.054 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12179 called the Reconstruction Finance Au- country? The answer is clear to me, matter. All of it has to go for that; you thority, and that that authority use and I think it is clear to a lot of Ameri- cannot take one piece out because it is Iraqi oil as collateral for loans, or as cans. part of a package, it is symmetrical. security for bond issues. That financ- We have debates on a lot of issues Boy, it is one of these things where, ing would then be used to reconstruct here, and I find it interesting that when you pull a loose string on a cheap Iraq. This is Iraqi people, using Iraqi sometimes there is an issue of $2 mil- suit, the arm falls off. oil, to invest in Iraq. It has nothing to lion, sometimes $20 million, sometimes So I think we need to rethink the Ad- do with the United States getting its $200 million, or perhaps $2 billion, and ministration’s request with respect to hands on Iraq oil. But it does have to we spend countless hours debating reconstruction. do with relieving the burden on the that. Well, this is $20 billion. This is a Now, let’s make sure we support our shoulders of the American taxpayers, $20 billion ‘‘urgent emergency’’ that is troops. This country should not send the responsibility to pay $21 billion for being moved without a lot of debate. its sons and daughters to war and then the reconstruction of Iraq. The Administration has proposed a say we won’t support them. When I asked Ambassador Bremer whole list of things for Iraq as part of But on the issue of reconstruction of about this, I said: Mr. Ambassador, this $20 billion request, including Iraq, let’s make a better decision and a why can we not collateralize or English as a second language training, different decision, especially with re- securitize Iraqi oil, and let Iraq oil pay advanced business classes, computer spect to the use of oil revenues and the for the reconstruction of Iraq? His an- literacy training. The Administration resources that exist in Iraq. swer was: Senator, Iraq has a very sub- wants to improve Iraq’s sewer systems, I will speak tomorrow on that stantial foreign debt. It owes a lot of because only 6 percent of Iraqis have amendment. I see my colleague from money to other countries, such as Rus- good plumbing. Under the Administra- Alaska is here. He sat in the chair from sia, France, and Germany, he said. tion’s proposal, about 12 percent of 10 o’clock to 5 o’clock this afternoon Therefore, it can’t pay for the recon- Iraqis would have good plumbing. chairing the Appropriations Com- struction. Another interesting item the Admin- mittee. While we had some disagree- After the hearing, I did some re- istration is proposing is marshland res- ments and perhaps raised our voices a search on Iraq’s debts. I discovered, in toration in Iraq. I find it really inter- couple of times today, he is a chairman fact, that Iraq does owe a fair amount esting that they would describe marsh- for whom I have the greatest respect. of money. It was Saddam Hussein, of land restoration as an ‘‘emergency.’’ The way he handled that committee course, who committed his people to There are so many things in this 55- today demonstrates his skill in this those loans and other things. Saddam page document, that I hope all of my Chamber. I only wish he would support Hussein’s government doesn’t exist colleagues will read, which represent my amendment. It would be a whole lot now; he is not there; he has vanished. the urgent menu for reconstruction in easier to adopt it. It probably would But it is true that Saddam Hussein had Iraq, and the question that will be not even have a recorded vote if he foreign debt. The largest debt, how- asked, or should be asked, is: who bears were supporting it. ever, is not—as Mr. Bremer suggested— the burden? I thank him for his leadership in the to Russia, France, or Germany. The I am not suggesting reconstruction is committee. I hope we will have an ag- largest debt the country of Iraq owes is not necessary. It is very likely that gressive and full debate about these to Saudi Arabia and Kuwait. Oh, they when Iraq has this reconstruction—and issues tomorrow when he brings the owe some to Russia, France, Germany, perhaps that should happen sooner bill to the floor. I will pledge this: I and others, to be sure. But the largest than later—Iraq will be a safer and a know they want to move along to deal debt is to Saudi Arabia and Kuwait. better place with an expanded econ- with these issues, so I will come to the Wouldn’t it be perverse if, as Ambas- omy, and perhaps we will be able to floor early and offer my amendments. I sador Bremer suggested, Iraq oil had to bring our troops home earlier. And I want to have a full opportunity to dis- be pumped out of the ground to provide obviously want American troops to be cuss and debate them. The chairman the cash that would allow Iraq to send able to come out of Iraq as soon as pos- will not have to inquire about whether money to Saudi Arabia and Kuwait— sible and let Iraq control Iraq’s des- I am going to come to the floor at some two of the wealthiest countries in the tiny. point soon. I will be here when we world—so that the U.S. taxpayer could I believe reconstruction will be a part bring the bill to the floor tomorrow come in on the back side and recon- of the key to doing a lot of important and hope to play a constructive role in struct Iraq? In other words, does it things in the future of Iraq. improving the bill. make sense for the American taxpayer But I believe the question of how do Mr. President, I yield the floor. to ante up the money to reconstruct you function with this reconstruction Mr. STEVENS. I suggest the absence Iraq because Iraq’s oil has to be used to issue hanging over our head, as to who of a quorum. send checks to the Saudis? should finance it—I think that is a The PRESIDING OFFICER. The I am sorry, I came from a really critical question. clerk will call the roll. small town, but I recognize something I cannot tell you how many times we The assistant legislative clerk pro- really stupid when I see it. Has this have come here to talk about jobless- ceeded to call the roll. town lost all common sense? ness in this country, people losing jobs. Mr. FRIST. Mr. President, I ask Perhaps we can pump a little com- My colleague, the other day, talked unanimous consent the order for the mon sense back into this system when about Huffy bicycles. I went to one of quorum call be rescinded. we have this debate on the floor of the these big department stores—I will not The PRESIDING OFFICER. Without Senate tomorrow. I intend to offer the describe the one I was at—and I saw a objection, it is so ordered. same amendment tomorrow on the big row of Huffy bicycles. They used to f floor of the Senate, and I intend to get be made in Ohio. Not anymore. All of a vote on it. I know it will be second- those jobs are now Chinese jobs. They ORDER OF PROCEDURE degreed and we will have all kinds of flat out moved all of those jobs. So if Mr. FRIST. Mr. President, after a lot machinations. I intend to hang in there you buy a Huffy bicycle, you are buy- of discussion over the course of the and get a vote eventually on the ing a Chinese bicycle. Why? There are day, a lot of progress having been made amendment I offered in the Appropria- lower wages over there. due to the chairman and ranking mem- tions Committee. We have all these issues about job ber on the Appropriations Committee, I intend to ask this question on be- training, joblessness, trade, promotion the Democratic leader and I wanted to half of the American taxpayers: Do you of U.S. products and commodities, and come to the floor and clarify and share really think this burden ought to be- so on. But when we offer an amend- with our colleagues how we see the long to the American taxpayer? Don’t ment, we are told we just don’t have next several days, and actually the you believe a country with the vast re- the money, we are deep in debt. But all first few days after our recess, play out sources that exist in Iraq ought to be of a sudden, when it is Iraq reconstruc- in the sense that our mutual goal is able to produce these resources from tion, it is Katie bar the door; we have that we address the Iraq and Afghani- their oil and invest back into that as much money as you need; it doesn’t stan emergency supplemental bill in a

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.099 S30PT1 S12180 CONGRESSIONAL RECORD — SENATE September 30, 2003 way that allows adequate time, appro- portunity to be heard is to accommo- manded that airport baggage screeners priate time for debate, discussion, date all of those who wish to offer must be public employees. That was a amendments, and voting. amendments by limiting some of the conscious decision made by this Con- Knowing this Iraq supplemental time that will be required for the de- gress, and it was signed by the Presi- would be delivered to us about a week bate on these amendments. dent. and a half ago, we set out with the So it is my hope that working As a government, we should be equal- plans of last week being very intensive through our managers and my extraor- ly clear that air traffic controllers in terms of hearings, the flow of infor- dinary partner, the assistant Demo- should also be public employees ac- mation, with the goal this week of ad- cratic leader, we can orchestrate the countable to the people they serve. dressing this bill on the floor of the debate with amendments in a way that Acting responsibly, the House and Senate. will accommodate this schedule. Senate both passed provisions in their Today, a few minutes ago, the chair- But it is a fair schedule, it is an ap- respective FAA bills that would retain man and ranking member reported out propriate schedule, and I think we have the inherent ‘‘governmental function’’ the supplemental bill through the Ap- the basis of experience now from which of the FAA air traffic control towers propriations Committee and thus it is to draw the confidence that we can and employees. But instead of affirm- ready to be brought to the floor, which make this work. We have tried this ing that the safety of air travelers is we expect to be tomorrow. We will be now on several appropriations bills the responsibility of the U.S. Govern- propounding a unanimous consent here with success without exception. I am ment, members of the conference com- shortly in that regard. hopeful we can demonstrate once again mittee, at the urging of this adminis- We would see that bill be debated on that we can be successful in this—I tration, passed a conference report tomorrow, the next day, and Friday— think the majority leader used the that allowed for immediate privatiza- for the next 3 days—again with ade- right phrase—good-faith understanding tion of 69 air traffic control towers, quate time for amendment and debate. of the way this bill is going to be con- some of them among the busiest in the Then at the close of business Friday we sidered. country. This was a failure of policy would begin our recess and spend that I strongly support the effort and hope and a failure of process. next week on the recess, which is we can have the good debate we antici- Recognizing the committee’s mis- through the 13th, and on Tuesday the pate and expect the cooperation of all take, the House of Representatives has 14th return and continue with that de- Senators as we enter into this arrange- now moved to recommit the bill to con- bate over that week. ment. ference. Hopefully, the conference com- The agreement is essentially that we I yield the floor. mittee will follow the mandate of the would complete action on that supple- Mr. FRIST. Mr. President, I will sim- Senate and House and restrain from mental bill by the end of that week, ply close and say it is important for trying to privatize air traffic control- the week of October 14th through the our colleagues to understand that the lers. 17th, by close of business October 17. Democratic leader and I and our assist- This is something that boggles the In coming to this agreement, it is ant leaders and the managers have all mind of the people of Nevada and I am with a lot of good faith on everybody’s worked very closely to come to this un- sure the people of Tennessee and part that we will be able to consider all derstanding, working with good faith around the country. When the House amendments that pertain to the sup- as we go forward. I appreciate the co- and the Senate pass a measure by large plemental request, recognizing there operation on both sides of the aisle in votes and it goes to a conference com- will be a lot of amendments on both that regard. mittee, which is made up of just a few sides of the aisle and that we deal with With regard to tomorrow, I do ask members, they should not completely those in a way that is fair to both unanimous consent that on Wednesday, change what the Congress did. That is sides. That is the general framework, October 1, at 10:30 a.m., the Senate pro- what they have done here, and it is and I will turn to the Democratic lead- ceed to the consideration of the supple- wrong. er to further elucidate on what this mental appropriations bill for Iraq and In addition, it will be important for general understanding is. Afghanistan, provided further that it the conference committee to readdress Mr. DASCHLE. Mr. President, I be for debate only until the hour of issues dealing with the essential air would simply acknowledge that the 12:30, and that the time be equally di- service, cabotage, and flight attendant majority leader has described our un- vided until that time. security training. derstanding very accurately. I believe The PRESIDING OFFICER. Is there It would be a mistake for the House we are in a position now to agree to the objection? Without objection, it is so to hastily convene a conference com- motion to proceed. It would be our ex- ordered. mittee that simply strips language pectation we could take the bill up to- Mr. FRIST. Mr. President, with that dealing with privatization. The con- morrow morning. I understand the ma- being the case, I think we have a good ference report must contain language jority leader has suggested maybe an outline and good plan to address this that blocks an administration directive hour of morning business and then we very important issue, where the dif- to reclassify air traffic control services would take up the bill and begin the ference in philosophies will be ex- as ‘‘commercial.’’ This simply clears debate with amendments to be offered pressed and where we can improve the way for private contractors to take by colleagues on both sides. where this particular bill needs to be over. It is our expectation that we will improved. Keep in mind that private contrac- With that understanding, I think we have an opportunity to offer these tors putting things out for bid at the could announce no more votes for to- amendments and get votes, either on or lowest possible price and looking for in relation to—that is a tabling or an night. Mr. STEVENS. Mr. President, I sug- profit are going to be controlling air up-or-down vote—on these amend- gest the absence of a quorum. traffic in and out of airports. I don’t ments. But it is also our understanding The PRESIDING OFFICER. The think that is a good idea. that we will work to finish this bill, as clerk will call the roll. The people who direct air traffic in the majority leader has described, by I The assistant legislative clerk pro- and out of our airports are performing believe it is October 17, which is that ceeded to call the roll. critical public safety functions. I hope Friday after we return. I think that Mr. REID. Mr. President, I ask unan- our colleagues in the House will under- gives the Senate adequate time to ad- imous consent that the order for the stand that a conference report that dress the bill, to consider amendments. quorum call be rescinded. simply strips privatization language Obviously we need cooperation from The PRESIDING OFFICER. Without will not pass the Senate. Senators on both sides of the aisle with objection, it is so ordered. This is in no way to threaten or ca- regard to the time requirements be- f jole. In fact, it is just the opposite. It cause, as the majority leader noted, is an effort to beg the House of Rep- there are a number of amendments to FAA BILL resentatives to do the right thing. be offered. The only way we can assure Mr. REID. Mr. President, the Con- This FAA bill is important. We want Senators have a voice and have the op- gress, through legislation, has de- to pass an FAA bill. But the conference

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.102 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12181 report will not come out of this body if agreements basically wipe out the dol- 21st century. On the contrary, it is it doesn’t have privatization language lar amounts that would go to sub- highly developed and very advanced. in it. contractors and others. The net result Yet some of our allies on that con- This will only lead to further delays is that each year we are losing about tinent continue to insist that offset ar- in funding essential airport infrastruc- 10,000 jobs in the manufacturing sector rangements remain a condition of con- ture and security programs so vital to because of these offset agreements, tracting with American firms, particu- the safety of the flying public and our which were written primarily—I am al- larly defense firms. This is not an issue economy. most quoting—to provide assistance to of trade or protectionist policies. As The FAA bill is a jobs and air safety war-torn Europe at the end of World most colleagues are aware, I have long bill, which Congress must pass. We can War II. It made a lot of sense to try to supported both bilateral and multilat- do this the hard way or the easy way. get resources into those struggling eral trade agreements, such as the rati- Of course, I prefer the easy way be- countries so they could get on their fication of GATT and the establish- cause it is the right answer for Amer- feet after the devastation that oc- ment of fast-track authority for the ica. curred during World War II. American President. I am a believer in I urge our colleagues to work with us So these offset agreements were prin- international trade. That is not what to craft a revised FAA conference re- cipally designed to assist struggling this amendment is about. port that honors the overwhelming nations to get back on their feet. There This amendment is about outdated sentiment in Congress against privat- are a lot of ways you might want to de- practices that, by and large, have ization of air traffic control operation scribe the European Community today caused needless transfer of a countless and maintenance, protects the U.S. but ‘‘war-torn’’ is hardly one we would number of U.S. jobs to our trading aviation industry from unfair foreign use to describe it. These provisions partners and our allies, particularly in competition, and ensures that the Na- have existed for almost 50 years, and Europe. I must confess that when I first tion’s flight attendants receive manda- their usefulness is long over. began to look at this issue, I was a tory antiterrorism training. This really hurts smaller contractors skeptic. I thought this migration of I suggest the absence of a quorum. in the U.S. I want to lay out what this American jobs abroad was simply the The PRESIDING OFFICER. The amendment will do, if I get a chance to painful but unavoidable byproduct of clerk will call the roll. offer it today. I would have offered it in international trade, and I thought The assistant legislative clerk pro- committee but I was told to wait until these losses were outweighed by the ceeded to call the roll. we got to the floor to have an oppor- benefits of trade. But upon further Mr. MCCONNELL. Mr. President, I tunity to offer it here. Now I am being study, I have come to the conclusion ask unanimous consent that the order told I cannot offer it here because we that these offset agreements are result- for the quorum call be rescinded. must get the bill done, it expires today, ing in the needless loss of American The PRESIDING OFFICER (Mr. TAL- and we don’t have time to deal with it. jobs with little or no compensating ENT). Without objection, it is so or- If I have to wait 5 more years to bring this up, and if we are losing 10,000 benefits. Let me explain why. dered. What impact do these agreements jobs in the manufacturing sector each f have on our country, on our businesses, and every year as a result of that, not and on our workers? The answer is, by MORNING BUSINESS to mention the dollar loss, and losing and large, a highly negative one. This Mr. MCCONNELL. Mr. President, I subcontractors on a manufacturing is not just the opinion of this Senator. ask unanimous consent that the Sen- base, then I am hard pressed to under- It is the well-considered conclusion of ate proceed to a period of morning stand why we would not find a way to nonpartisan, highly informed sources business. accommodate that which is rather at the General Accounting Office and The PRESIDING OFFICER. Without modest language here in this proposal. the Department of Commerce under objection, it is so ordered. I will explain why. this administration, I might add. It is The amendment is about one thing— f also the opinion of business leaders, saving jobs. Since the Banking Com- many of whom think offset agreements DEFENSE PRODUCTION ACT mittee began consideration of this im- REAUTHORIZATION are little more than a form of coercion. portant legislation, I have been dis- Business leaders in my own State have Mr. DODD. Mr. President, later cussing an issue of great importance to told me they see offsets as no better today, or at some point, I gather that manufacturers in my State of Con- than a necessary evil, a tax on their the Defense Production Act reauthor- necticut and around the country. ability to export their goods and serv- ization bill will be before the body. It I am referring to the issue of foreign ices. expires today, so there is a sense of ur- offset contracts. Under these arrange- The Commerce Department recently gency, I gather, in getting this bill ments, a foreign nation will agree to reported that in the year 2000—I hope done. buy products from U.S. defense compa- my colleagues will listen to this—the When the bill comes up, my intention nies only if our manufacturers Commerce Department reported in the is to offer an amendment to the De- outsource a considerable amount of year 2000, out of $5.6 billion exported by fense Production Act, the reauthoriza- work to that country’s labor force. the U.S. aerospace and defense indus- tion bill, for the consideration of my This goes back to the end of World War tries, $5.1 billion was offset by these ar- colleagues. I gather from conversation II, as I mentioned. On the face of it, rangements. In other words, offset ar- my staff and others have had that these arrangements might seem rel- rangements imposed on contracts with there will be possibly some objections atively benign, promoting a prosperous American firms amounted to nearly 90 to this amendment over jurisdictional defense trade among the U.S. and its percent of their export value. grounds. military allies. In the year 2002, 2 years later, and My hope is something can be worked However, as I have learned over the 2003, this year, the total value of off- out on this amendment, so that we can last number of months, these arrange- sets is projected to be close to 100 per- avoid that particular situation. Let me ments may, in fact, be weakening the cent by the Department of Commerce tell you why I say that. This bill, if re- U.S. defense industrial base and pro- on the value of these contracts, vir- authorized, would reauthorize the De- ducing considerable job losses through- tually eliminating any gains from U.S. fense Production Act for 5 years. out our Nation. These arrangements exports of these goods. Presently there is a system in place are a relic of World War II, when our Moreover, the Commerce Department which allows defense contracts to go to Nation decided that offset arrange- says offsets are displacing between prime contractors, where, as a result of ments were one aspect of rebuilding 9,000 and 10,000 American workers an- a provision that existed since World war-torn Europe. I do not think any- nually, and that is a conservative esti- War II, offset agreements are per- body could call me bold or rash if I mate, I might add. With these kinds of mitted in such a way that despite the were to say that the economic infra- figures, it is difficult to see how the amount of money we will allocate for structure of Europe as a whole is no United States could benefit at all from these defense contracts, these offset longer war-torn in the beginning of the these offset contracts.

VerDate jul 14 2003 01:53 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.105 S30PT1 S12182 CONGRESSIONAL RECORD — SENATE September 30, 2003 Let me repeat the numbers. Accord- occupied with other priorities—I under- products. Fine. But you have to pro- ing to the Department of Commerce, of stand that—over the last couple of vide a certain amount of workers here. the $5.6 billion exported by the U.S. years; namely, the effort to wage and So instead of looking around for the aerospace and defense industries, $5.1 win wars in Afghanistan and Iraq. No best subcontractor to provide, say, ball billion was offset by arrangements to one can seriously claim the Depart- bearings by a firm in Ohio or Con- these countries. Lately, in 2002 and ment of Defense should have any high- necticut, they then have to hire the 2003, the Department of Commerce esti- er priorities than those. That is not my firm in Holland or some other Euro- mates that close to 100 percent of the point. That is why I think this amend- pean country. This was designed, as I value of these contracts will be elimi- ment is critically important to shift to say, to help Europe at the end of World nated, the gains will be eliminated the Department of Commerce the prin- War II. It made a lot of sense. But 70 from the export of these goods, and los- cipal responsibility of monitoring and years later, the idea that I have to say ing almost 10,000 jobs a year is some- mitigating these offset arrangements. to a manufacturer in the United States thing that ought to concern each and It is an economic issue fundamen- you cannot get this bid because I have every Member. tally, and the fact the Defense Depart- to do it to win the contract in Hol- What makes this issue even more dis- ment has not financed or staffed this land—if it was 5 percent or 10 percent, tressing is that as a result of these ar- interagency team says to me we ought I might think that is unfair. But they rangements, we are not only losing to shift that responsibility, considering are getting 300 percent in Holland—300 these jobs unnecessarily, in my view, the economic implications of not try- percent. given the long outdated necessity for ing to reduce these archaic and out- According to the Department of Com- offset agreements with the European dated offset arrangements with the Eu- merce, the average is now between 90 Community, but we are losing our Na- ropean nations and others. and 100 percent in every European tion’s military industrial capacity, and For this reason, my amendment country. If I thought this bill was that ought to be a serious matter to all would transfer the authority over the going to be authorized for 3 months, I of us here. We need to be vigilant in interagency team—this is what the would wait and try to build support. maintaining an industrial base when amendment does; it is not a radical This bill is a 5-year authorization bill. we can in these critical industries. amendment at all. The amendment Almost 10,000 jobs a year are going to Essentially, U.S. contractors are would transfer the authority over the be lost, not to mention small manufac- helping other nations build up their interagency team to the Commerce turing firms that go out of business. strategic industries at the expense of Secretary and would require the Sec- Then when we need those ball bear- the United States’s defense manufac- retary to negotiate with foreign coun- ings, to use that example, we no longer turing base, and the U.S. Government tries toward the reduction and even- have a firm in Ohio or Connecticut, and is doing nothing, unfortunately, to tual elimination of all foreign offsets. I have to deal with a firm in Holland or stop this from happening. Our prime In addition, it would expand the Sweden or some other place. It is dan- contractors admit this is an unfortu- Commerce Department’s data collec- gerous to lose that industrial base in nate trend and insist they are being tion system to include the effects of critical technologies. forced to follow these arrangements to offset on America’s second- and third- This provision of offset contracts has stay competitive in their foreign con- tier subcontractors. I believe these pro- no relevancy in today’s world, particu- tract bids. visions would greatly enhance Amer- larly with the European community. It As I see it, these offsets amount to ica’s response to the growing specter of did maybe 50, 60, or 70 years ago, but unfair trade practices, plain and sim- foreign offset arrangements and pro- not today. I am being told I cannot ple. While U.S. prime contractors may vide a clear picture of the total impact offer the amendment because I am be selling their defense system abroad, these arrangements are having on our dealing with a proposal on trade, but if they are being coerced—against their economy. But I think we ought to do I do not do it here, where do I do it? I wishes—into laying off U.S. workers something more. have to wait until some trade bill and domestic suppliers in favor of for- As I said before, offset arrangements comes along? eign workers and suppliers. In turn, as have essentially allowed foreign gov- Normally, a Senator cannot offer the U.S. Defense Department decides to ernments to coerce U.S. contractors amendments on trade bills. So when do buy these same weapons systems, we into laying off American workers and I do it and where do I do it, if I want are now even more frequently turning shifting their jobs to foreign employ- to make a point? Maybe the proposal to these newly established foreign sup- ees. This is an unfair trade practice, in will get defeated, but at least I would pliers. my view, and must be addressed as like to raise the awareness of my col- In several recent reports, the General such. For this reason, this amendment leagues. If there are provisions that do Accounting Office and the Commerce further directs the U.S. Trade Rep- not make sense, let somebody bring up Department have repeatedly tried to resentative to designate offsets that a better idea, but I think it is wrong to alert Congress to the disastrous effects exceed the total value of the under- continue a situation where 10,000 these arrangements are having on lying contract as unjustifiable and bur- American jobs get lost because we are America’s economic and defense secu- densome on U.S. commerce, subjecting sitting around with an archaic idea rity, but their warnings have gone the country to U.S. sanctions accom- that has no value and no relevancy. unheeded. In fact, the two major gov- panying such a designation. The manufacturers will tell us that ernmental bodies established by the Already various important policy and and labor tells us that. They do not Defense Procurement Agency to mon- trade organizations and associations like doing it. It is like the Foreign Cor- itor and coordinate U.S. policy on for- have expressed their support for the rupt Practices Act where we were told eign offsets have been effectively dis- proposal I wish to offer to the Defense over and over we have no choice, but solved. The most important of these Production Act, including the Inter- our firms in the United States do not bodies is the interagency team on for- national Association of Machinists and like having to do this. They are being eign offsets whose job it was—is or Auto Workers, the American Ship- forced to do it in order to win these was—to engage with foreign countries building Association, the AFL–CIO, the contracts. in an effort to mitigate the effects of Manufacturing Alliance, as well as the We need to have some ability to ne- these offsets. Aerospace Components Manufacturers. gotiate the elimination of these deals, My colleagues should be alarmed to This is a unique combination of indus- and when they cannot get rid of them, know that this interagency team, tries, business, and labor saying this at least to consider it as an unfair headed by the Department of Defense, World War II proposal is no longer jus- trade practice so we can try to work it has reported no activity since the year tified. out so we do not have to rely on them 2000. In fact, this team has been Let me explain how it works. These any longer. That is really what the stripped of resources and staff. They offset agreements they insist on—Hol- amendment would do. don’t exist. land is the biggest offender, by the Again, this whole Defense Production Certainly, we all understand that the way. They say to a corporation in the Act goes out of existence tonight, I am Defense Department has been pre- United States: You want to sell your told. As I said earlier, I wanted to offer

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.084 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12183 this amendment in the committee, but country proudly for 4 years during Shields, whose syndicated column ap- I was told not to do it there, to wait World War II in the Judge Adjutant pears in more than 100 newspapers, in- until we go to the floor. Now I am on General office in Liverpool, England. cluding The Washington Post and the the floor and I am being told do not do Upon his return from military serv- St. Petersburg Times, paid tribute in a it here. So I am sort of stuck in a way. ice, George Golson built a new home in recent column to our dear friend and I do not want to tie up a bill. I think Columbia, SC, and launched a new ca- colleague, the Honorable ERNEST F. defense production is important, but to reer in business. He returned to legal HOLLINGS. have to wait 5 more years to come back practice in 1958 as a member of the That column was most insightful, as with this idea is something I do not South Carolina Bar, and in 1973 was ad- it examined the character of Senator want to do, either. So I am using this mitted to serve as Attorney of Law in FRITZ HOLLINGS, who, unfortunately, time to encourage people who may the Supreme Court of the United has announced that he will not be seek- have a better idea on how we can re- States. ing reelection to the U.S. Senate after solve this to make some suggestions so In 1980, George Golson established an nearly four decades of service in this we can avoid holding up this legisla- office in Las Vegas to provide con- Chamber. sulting services on legal matters in the tion. I hope that throughout the history of field of real estate planning. He became I do not need to remind my col- our Nation there will always be a FRITZ a respected and beloved member of the leagues, I would just say at the end of HOLLINGS. As Mr. Shields noted in his southern Nevada community, and his all of this, that since 2001 we have lost column, FRITZ HOLLINGS ‘‘was a leader work contributed to the dramatic 2.7 million manufacturing jobs in the of uncommon courage and uncommon growth and development of the State. United States. In Connecticut, we have Throughout his long and productive candor.’’ Indeed, FRITZ HOLLINGS’ lead- lost more than 14 out of every 100 man- life, George has made the most of his ership, courage, and candor will be ufacturing jobs in the past 3 years. I free time. He has challenged himself sorely missed. have 5,400 small manufacturers in my both intellectually and athletically by I ask unanimous consent that Mr. State of over 240,000 people. A lot of writing short stories, composing bal- Shields’ column, as it appeared on Sep- them are what we call mom and pop, lads, music, and lyrics, fishing, and tember 5, 2003, in The State, one of the with 5, 6, 8, 10 people. Some of them are playing racquetball. newspapers in Senator HOLLINGS’ home second and third generation. Please join me in wishing George State of South Carolina, be printed in I see my colleague from New Hamp- Golson the happiest of birthdays. the RECORD. shire, as well as my colleague from There being no objection, the mate- f Ohio. They have similar situations rial was ordered to be printed in the with small firms in their own States. VOTE EXPLANATION RECORD, as follows: Many of them provide critical tech- Mr. REED. Mr. President, I was un- A CANDIDATE WITH THAT RAREST OF nologies to our major defense contrac- able to participate in last evening’s ATTRIBUTES: CANDOR tors. If I thought the offset agreements vote on the nomination of Carlos Bea (By Mark Shields) had some great relevancy today, I to be a U.S. Circuit Judge for the Ninth On Oct. 6, 1983, in a televised debate among would be the first to say we have to Circuit due to my participation in a Democratic presidential candidates, one can- live with this; it is an unfortunate re- memorial service for Rhode Island Na- didate said the following about the 1,800 U.S. ality. But taking an idea we used at tional Guardsmen killed while serving Marines whom the Reagan administration the end of World War II to help our al- in Iraq. had then sent to warring Lebanon: ‘‘If they were sent there to fight, they were too few. lies get on their feet and to still per- f If they were sent there to die, they are too petuate it in the year 2003 I think is LOCAL LAW ENFORCEMENT ACT many.’’ wrong. OF 2003 Less than three years later in Beirut, just We better say something about it before dawn on Oct. 23, a terrorist driving a soon and try to do something about it Mr. SMITH. Mr. President, I rise truck loaded with thousands of pounds of ex- before we just continue the way we are today to speak about the need for hate plosives plowed into the Marine barracks and going and seeing a further loss of jobs crimes legislation. On May 1, 2003, Sen- killed 241 Americans. and a loss of a manufacturing base in ator KENNEDY and I introduced the That same presidential candidate went on Local Law Enforcement Enhancement critical technologies which I think we Nov. 4, 1983, to Dartmouth College, a pres- Act, a bill that would add new cat- tigious Ivy League school with an advan- will regret deeply in the years to come. egories to current hate crimes law, taged student body, and shocked the under- When this bill comes up, if it does sending a signal that violence of any graduates: ‘‘I want to draft everyone in this come up, I would like to offer the kind is unacceptable in our society. room for the good of the country.’’ amendment or have someone work out I would like to describe a terrible He was not advocating the ‘‘old Vietnam- something so we might address this crime that occurred in Houston, TX. style draft, where if you had enough money, issue in some way that would not delay you were either in college or in Canada.’’ His On May 25, 2003, a Houston high school campus audience gasped at the man’s dis- the enactment of the Defense Produc- student was attacked by a teacher’s tion Act but would give me some sense comforting bluntness: ‘‘Conscience tells us aide in class because he is gay. The that we need a cross-section of America in of hope that we could resolve this kind teacher’s aide, also an assistant coach our armed forces. Defense is everybody’s of problem. at the school, allegedly taunted the business . . . everybody’s responsibility. A I yield the floor. student with comments about his sex- professional army is un-American. It is f ual orientation over the course of the anathema to a democratic republic—a glar- ing civil wrong.’’ BIRTHDAY WISHES TO GEORGE school year. The incident was in full view of the class and was later corrobo- You like candor in your political leaders? GOLSON This Democrat truly brimmed with the stuff. rated by seven or eight other students. Mr. REID. Mr. President, I rise today That July, to a Washington gathering of I believe that Government’s first the National Council of Senior Citizens—a to express my congratulations and best duty is to defend its citizens, to defend wishes to George Golson on the occa- group with political clout in its membership them against the harms that come out and Social Security and Medicare benefits on sion of his 90th birthday. A devoted of hate. The Local Law Enforcement its agenda—he refused to coddle. husband, a father of four children, an Enhancement Act is a symbol that can Instead, in the face of runaway federal industrious businessman, an accom- become substance. I believe that by budget deficits, he reminded the seniors, not plished jurist, and a veteran of World passing this legislation and changing of the obligations owed to them, but of the War II, George Golson has led a distin- current law, we can change hearts and seniors’ own obligation ‘‘to your children guished life. minds as well. and grandchildren.’’ He, alone, would say, ‘‘If Born on October 24, 1913, George re- I’m elected, I will freeze your cost-of-living f ceived his undergraduate education at adjustments for a year.’’ To a Capitol Hill meeting of defense con- the University of Columbia, NY, and TRIBUTE TO THE HONORABLE ERNEST F. HOLLINGS tractors, pleased and prosperous with Presi- his legal education at St. John’s Uni- dent Reagan’s doubling of the Pentagon versity. After practicing law for sev- Mr. INOUYE. Mr. President, it has budget, the candidate, himself a combat vet- eral years in New York, he served his come to my attention that Mr. Mark eran of World War II, had been frank: ‘‘If I’m

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.087 S30PT1 S12184 CONGRESSIONAL RECORD — SENATE September 30, 2003 elected president, I will freeze the defense In 1994, he joined the elite Special pleted or attempted rape. These statis- budget at 3 percent real growth and do away Forces. His service over his 14-year ca- tics are truly staggering, especially with the MX (missile) and the B–1.’’ reer in the Army was exemplary, earn- considering that rape is a chronically Exempted from his proposed spending underreported crime. Experts contend freeze? Food stamps and assistance to the ing him a number of commendations, disabled. including the Bronze Star, the Silver that rape could be much more preva- We in the press corps are forever lamenting Star, and the Purple Heart. In the last lent than even these statistics reflect. the lack of candor in our political debates 2 years, he served with distinction in The majority of sexual assault vic- and the lack of courage in our presidential the Middle Eastern theater, first in Af- tims who report their crimes do so in a candidates, who are unwilling to ask us to ghanistan, where he served as an ad- hospital emergency room, where they sacrifice even the slightest personal comfort viser to the Northern Alliance in the frequently wait hours for treatment— for the national well-being. fight against the Taliban extremists. in many cases, to see doctors or nurses But when we do encounter the brand of who have not received specialized straightforwardness that this 1984 Demo- In Afghanistan from October 2001 to February 2002, MSG Morehead called in training in dealing with assault vic- cratic candidate practiced, we do not ap- tims and who lack the proper forensic plaud or praise it. Doubts are predictably re- airstrikes on Taliban positions, and his corded about ‘‘the discipline,’’ the ‘‘presi- actions reportedly saved the lives of tools for evidence collection. As you dential temperament,’’ even the rashness of hundreds of men. MSG Morehead was can imagine, the collection of forensic the fellow. sent to Iraq in January of this year, evidence can be a very invasive process for a rape victim. But in many cases, That’s mostly the press treatment Sen. Er- where he served with further distinc- nest ‘‘Fritz’’ Hollings, D–S.C., received when this is where the investigation stops. tion. Although his unit had already re- he ran for president and publicly said all of In cities across the country, hundreds turned from service in Iraq, MSG More- the above and again, earlier this month, of thousands of rape kits are sitting head had stayed behind to help with when he announced that he would retire untested in police department evidence after 38 years in the Senate. orientation for his unit’s replacements. rooms. While these kits contain vital True, Hollings gave us a lot to work with. Keven was buried on September 21 in DNA evidence that could lead to the While President Bush was furiously trying to Bald Knob, AR, in a grave on a hilltop arrest of rapists, many rape kits have publicly distance himself from the disgraced next to that of his grandfather. Our chief of Enron, Hollings quipped, ‘‘I did not gone untested for more than a decade condolences and our prayers go out to due to a lack of funding. have political relations with that man, Ken Kevin’s wife Theresa; to his step- Lay.’’ In my own home State of Ohio, offi- That was a take-off on a discredited dis- daughters, Kirsten Inman and Kaylyn cials estimated in May 2002 that at claimer by President Clinton—of whose then- Council, to his sister, Kristen Wright; least 3,000 kits with rape evidence—and improving poll ratings, Hollings had quipped, to his grandmother, Zelda Guthrie; and maybe even more—remained ‘‘If they reach 60 percent, then he can start to his parents, James and Jeanette unanalyzed, despite recent strides in dating again.’’ Morehead, of Benton, AR. science that allow DNA evidence from When his own presidential campaign failed, One attendee at his funeral was Hollings reported that ‘‘Thomas Wolfe was rapes and other violent crimes to be quoted in our State’s newspaper, the compared against DNA profiles in the wrong—‘You can go home again.’ I know. Arkansas Democrat-Gazette, as saying That’s what the people of New Hampshire Combined DNA Index System, CODIS, told me to do.’’ that Master Sergeant Kevin Morehead our national DNA database. Labora- But let it be recorded that in 1963, when ‘‘did not die in vain. Hopefully, by his tory researchers at the Ohio Bureau of the states of Alabama and Mississippi, gov- actions the world will be a better place Criminal Identification and Investiga- erned respectively by George Wallace and for all mankind.’’ The mission con- tion report that they have a high suc- Ross Barnett, were battlefields of bloodshed tinues in Iraq, and we remain confident cess rate in matching unknown DNA and bayonets in the struggle for civil rights, that, as coalition troops move to se- collected from crime scenes to either a young South Carolina governor delivered a cure and stabilize the country, Iraq much different message to his state and its the DNA of offenders on file or to other Legislature: ‘‘(T)his General Assembly must will emerge as a democracy in the Mid- crime scenes. That would mean that if make clear South Carolina’s choice, a gov- dle East, and that Kevin Morehead’s all 3,000 unexamined Ohio rape kits ernment of laws rather than a government of courage and sacrifice will prove to contained extractable DNA, several men. . . . We of today must realize the lesson have been given in a worthy cause. kits very likely could yield evidence of 100 years ago, and move on for the good of f leading to the identity of rapists. South Carolina and our United States. This We now have both the technology to RAPE KITS AND DNA EVIDENCE should be done with dignity. It must be done analyze DNA evidence and a growing BACKLOG ELIMINATION ACT OF with law and order.’’ database of DNA profiles with which to Fritz Hollings was no plaster saint. His 2003 tongue was sometimes too sharp. His temper compare this evidence. This system Mr. DEWINE. Mr. President, I rise was sometimes too short. But his departure works, and it catches criminals. Let will leave a lonesome place against the sky. today to speak about the Advancing me share an example of how evidence He was a leader of uncommon courage and Justice Through DNA Technology Act from rape kits has led to the arrest of uncommon candor. of 2003. This bill contains several im- a rapist in Ohio. Last year, a Hamilton, f portant provisions. I am especially Ohio man was convicted and sentenced pleased with title I of the bill—the to 25 years in prison for an April 1998 HONORING OUR ARMED FORCES Rape Kits and DNA Evidence Backlog attack on a woman in a grocery store Mrs. LINCOLN. Mr. President, I have Elimination Act, which mirrors the bill parking lot. Although a DNA sample risen on numerous occasions in the of the same name that I introduced from this rape was sent to the State past 6 months to pay tribute to the earlier this year. The purpose of this crime lab 3 days after the attack, it men and women who are fighting in title and our original bill is to extend took until November 2001—nearly 31⁄2 Iraq and elsewhere in the war on inter- more Federal funding to States and lo- years later—for scientists to analyze national terror. Today I rise once again calities to fight crime with DNA tech- the sample and add it to the State’s to pay tribute and to honor a young nology, expand our national database DNA database. Once this sample was man who was recently killed in action of DNA profiles from criminals, and added, a positive match was made and in Iraq—Master Sergeant Kevin More- train sexual assault examiners. this rapist was prosecuted and put be- head, a native of Little Rock, AR, and While the overall violent crime rate hind bars. Unfortunately, this victim a soldier in the U.S. Army 5th Special has decreased in recent years, the oc- had to wait 3 years for justice, while Forces Group. MSG Morehead was currence of rape has only increased. her rapist remained on the street. killed September 12 in the early morn- Tragically, somewhere in America, a While this is an excellent example of ing raid in Ar Ramadi, an Iraqi city woman is sexually assaulted every 2 how DNA has been used successfully to about 70 miles west of Baghdad. minutes. In other words, by the time I catch rapists, it also shows the critical Keven Morehead graduated from Cen- conclude my remarks, at least five need to promptly analyze the kits we tral High School in Little Rock in 1987. women will have been assaulted. It has have on hand. The longer this evidence After attending the University of Ar- been estimated, as well, that 1 in 6 sits around unanalyzed, the longer sex kansas, Kevin opted for a military ca- women and 1 in 33 men in the United offenders will remain free—and free to reer, enlisting in the U.S. Army in 1989. States have been the victim of a com- potentially harm more victims.

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.027 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12185 The Rape Kits and DNA Evidence attack. Furthermore, the intervention Started after the 9/11 tragedy, Free- Backlog Elimination Act would help to of SAFEs in a sex crime case bolsters dom’s Answer urged high school stu- address the issues I have just outlined, the odds of prosecution and conviction dents in over 2,500 high schools particularly those involving the collec- of offenders, as their expertise gen- throughout the country to seek 10 vot- tion and processing of DNA evidence. erally renders them better witnesses ing pledges each in the 2002 election, We owe it to rape victims, as well as to than most emergency room personnel not for any particular party or can- our society as a whole, to do all we can during trials. While these programs didate, but rather to honor the service- to apprehend and prosecute sex offend- have proven to be effective, only a few men and women serving our country ers. To this end, title I would do sev- hundred SAFE programs currently and risking their lives daily for our eral important things. Specifically, exist in the United States, treating a freedom. and perhaps most importantly, this bill minute number of sexual assault vic- These students didn’t just help set a would extend the authorization for the tims. These nurse examiners provide an mid-term voter turnout record—na- DNA Analysis Backlog Elimination important service, both to the victim tionally and in 27 different states— Act of 2000. This law, of which I was and to justice system, and I strongly they learned first hand the power of po- one of the chief Senate sponsors, aims advocate funding more training pro- litical involvement. Even before they to reduce the backlog of unanalyzed grams for them. could vote, they learned the power not DNA samples in forensic laboratories Finally, title II would make two just of each and every vote, but also of across the United States. Unfortu- changes in the criminal code to better collective involvement in the political nately, the authorization for the grant protect victims of crimes in which process. It may well have been as good programs established under the act will DNA evidence is recovered. It would ex- a civics lesson as they could ever re- expire soon, but many States still have tend or ‘‘toll’’ the statute of limita- ceive—one certain to make them vot- a long way to go to clear their DNA tions under Federal law for prosecuting ers in the years ahead. evidence backlogs. The Rape Kits and many crimes in which DNA evidence is Our young people owe it to us to be DNA Evidence Backlog Elimination recovered, but the identity of the per- part of America’s democracy. And we Act would extend that authorization, petrator is unknown. Also, this title owe it to our young people, regardless while also increasing the funds author- would amend the Violence Against of party, philosophy, religion, income, ized for grants under the Act. This Women Act to include legal assistance race or State to enable them both to would help States to further reduce for victims of dating violence. know how the system works and how their DNA evidence backlogs, proc- In closing, I strongly encourage my to be part of it. Freedom’s Answer is a essing crucial evidence that could colleagues to support the Advancing powerful way we can meet that com- bring criminals to justice. Justice through DNA Technology Act mitment, and I join my colleagues in Furthermore, title I would expand of 2003. This bill is a good one, and one encouraging the Department of Edu- CODIS, our national DNA database. deserving of the Senate’s support. It cation to consider using discretionary The expansion of this database is im- can do a great deal to help rape vic- funds in the 2004 budget we will pass to portant, since the larger the database, tims, as well as to prosecute sexual of- help make this wonderful civics lesson the more likely it is that State crime fenders. come alive in every high school in the laboratories will be able to match DNA f land. Mr. KENNEDY. I commend the lead- evidence to offenders. Under the Rape FREEDOM’S ANSWER Kits and DNA Evidence Backlog Elimi- ership of my colleague from Tennessee. Mr. ALEXANDER. Mr. President, nation Act, the FBI could accept for in- He’s a strong advocate for better edu- just recently the Senate approved the clusion in CODIS any DNA sample sub- cation in both history and civics. We Labor, HHS Appropriations bill for fis- mitted by the States for inclusion in need to do much more to broaden stu- cal year 2004. During the same time pe- the database, including DNA samples dents’ understanding of American his- riod we paused to remember the tragic tory and encourage them to participate from all felons convicted of Federal events of September 11. So it is a good crimes. Given the high rate of recidi- in the democratic process. moment to bring to the attention of Freedom’s Answer is an excellent vism among sexual offenders, this last my Senate colleagues and of the De- model. It is a nonpartisan program addition may prove very useful to law partment of Education the non- founded by Mike McCurry and Doug enforcement as they utilize CODIS. partisan, nonprofit Freedom’s Answer Bailey to involve high school students The U.S. Department of Justice has ex- project which is a direct result of the 9/ in elections. The mission of Freedom’s pressed support for expanding the DNA 11 experience—and which seeks to en- Answer is ‘‘to turn today’s students database in this manner. gage high school students across Amer- into tomorrow’s voters.’’ In addition to providing funds to help ica in the elections process even before The program was launched after the States and localities process evidence, they are old enough to vote. tragic events of 9/11. It was organized we also must improve the way that At a time when Senator KENNEDY and in over 2,500 high schools across the DNA evidence is collected and used. To I, along with many other Members of Nation, asking each student to line up this end, title II of the Advancing Jus- the Senate, are convinced that restor- 10 pledges from others to vote in the tice through DNA Technology Act also ing civics education to schools should 2002 election—not for a particular can- contains many components of the bill I get a high priority, Freedom’s Answer didate or party, but in tribute to the introduced earlier this year involving is one effort that is doing just that. It servicemen and women serving abroad important training programs. This should have the highest priority for whose commitment to our country is title would provide Federal resources funding by the Department of Edu- safeguarding our national security. to support a new training program for cation within the discretionary funds Their participation was a worthwhile Sexual Assault Forensic Examiners, of the Fund for Innovation in Edu- factor in enhancing voter turnout in known as SAFEs. This program is mod- cation, the Character Education Pro- the 2002 elections. These young stu- eled on a separate bill that Senator gram, the Civics Education program, or dents learned the power of each indi- SCHUMER and I introduced during the the Fund for Improvement in Post-Sec- vidual vote, as well as the importance 107th Congress. As I discussed before, ondary Education. of greater involvement in the political many rape victims first report their Freedom’s Answer is a totally non- process. It was an extraordinary civics crimes in a hospital emergency room, partisan program, begun by long-time lesson for them and for their families where they are treated by inexperi- political professionals Mike McCurry and neighbors, too, and it will encour- enced staff, many of whom have no and Doug Bailey. Its National Advisory age them to vote as soon as they be- training in the proper use of a rape evi- Council is co-chaired by the Repub- come eligible to do so. dence kit. SAFEs, by contrast, are lican Leader in the Senate, BILL FRIST, I’m confident that this program will well-trained in the collection of foren- and the Democratic Leader in the generate even greater election partici- sic evidence and are able to give com- House, NANCY PELOSI. The chairs of the pation in coming years. Their partici- petent and sensitive treatment to rape Republican and Democratic National pation will enrich our country and help victims at a time when they are most Committees both sit on its National to inspire the next generation of lead- vulnerable—immediately after their Advisory Council. ers.

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.107 S30PT1 S12186 CONGRESSIONAL RECORD — SENATE September 30, 2003 Freedom’s Answer is the kind of in- For these reasons, I do not believe imposi- true Ambassadors of Friendship, Mr. novative and practical idea that will tion of uniform national market rules on Joji Konoshima, President and co- strengthen our democratic process and your region is appropriate. I support regional founder of the U.S.-Asia Institute. the Nation as a whole, and it deserves flexibility, and if confirmed by the Senate I Mr. Konoshima was well known at would give great deference to the views of home and abroad for his efforts to pro- our strong support. I commend Senator your region. Further, I am not convinced ALEXANDER for his impressive leader- there is a need for a final rule on Standard mote understanding and dialog be- ship on this impressive initiative. Market Design. A better means of achieving tween the United States and East f regional flexibility may be through regional Asian nations. His career as an educa- proceedings. tor, labor organizer, political advisor, NOMINATION OF JOSEPH KELLI- Because of the unique regional characteris- and diplomatic mentor spanned more HER TO THE FEDERAL ENERGY tics in the Pacific Northwest, I believe any than 40 years. REGULATORY COMMISSION effort to form a regional transmission orga- Born in Tokyo, Japan, Mr. Mr. WYDEN. Mr. President, earlier nization should be voluntary. In my view, Konoshima immigrated with his family the Commission could not successfully man- to the United States at the age of six this year, I announced my intention to date the establishment of a regional trans- object to any unanimous consent re- mission organization for the Pacific North- years and settled in California. He was quest for the Senate to take up the west, nor should it attempt to do so. a student at the University of Cali- nomination of Joseph Kelliher to the Markets that are subject to manipulation fornia, Berkeley, when he and his fam- Federal Energy Regulatory Commis- cannot operate properly. For that reason, I ily were evacuated during World War II sion. I did this because at the time, Mr. believe there is an urgent need to proscribe to the Heart Mountain Relocation Cen- Kelliher had not convinced me that he manipulation of electricity markets. There ter in Wyoming. After the war, he re- is no express prohibition of market manipu- ceived a Bachelor of arts degree in Po- fully understood the impact of west lation in the Federal Power Act. That stands coast market manipulation on north- in contrast with the regulatory laws gov- litical Science from the University of west ratepayers or the problems that erning other industries, such as securities California, Berkeley, in 1953, and a the Commission’s standard market de- and commodities. Market manipulation Master of Arts degree in Education sign proposal could create for the should be expressly prohibited. from New York University in 1960. Mr. northwest electric power grid. In addition, penalties must be sufficient to Konoshima taught social studies and Today I received a letter from Mr. discourage market manipulation. Well before Japanese language in New York City, Kelliher expressing his views on these the Western electricity crisis I advocated and was an adjunct assistant professor tougher criminal and civil penalties. In my at New York University for more than subjects. It is clear from his letter that view, the penalties set by Congress in the Mr. Kelliher has done his homework Federal Power Act are no longer adequate to a decade. about energy issues critical to the west discourage criminal behavior. They need to In 1973, Mr. Konoshima organized the in general and the northwest in par- be increased. Manhattan teachers’ union in backing ticular. From opposing a final standard The Commission has some ability to ad- the successful candidacy of Mayor market design rule to supporting vol- dress market manipulation absent Congres- Abraham Beame. He then served as the untary regional transmission organiza- sional action. In my opinion, the Commis- labor coordinator for New York guber- tions and making market manipulation sion has legal authority to proscribe certain natorial candidate Hugh Carey in 1974, market manipulation practices by jurisdic- and was the union liaison for Governor illegal, Mr. Kelliher’s letter reflects he tional utilities. The Commission also has now has a better understanding and ap- discretion to revoke authorization of a pub- Carey after his election. In 1974, Mr. preciation of the northwest energy lic utility to sell power at market-based Konoshima traveled to Hawaii to orga- markets and transmission systems and rates as a remedy for market manipulation. nize the teachers’ union. In 1976, he be- the particular challenges northwest I would support exercise of this authority. came the New York labor coordinator ratepayers face. In the past, you discussed the relationship for the Presidential campaign of Based on his letter, I will no longer between spot markets and long-term mar- Jimmy Carter, and went on to join the object to any unanimous consent re- kets. As you know, in its ‘‘Final Report on national Carter-Mondale campaign as Price Manipulation in Western Markets’’ the labor liaison. After the election, Mr. quest for the Senate to take up Mr. Commission staff concluded spot prices in- Kelliher’s nomination. fluenced forward prices. As a general matter, Konoshima became the National Direc- I ask unanimous consent that a copy I acknowledge there is a relationship be- tor of the Asian Pacific Affairs Unit of of Mr. Kelliher’s letter to me be print- tween spot markets and forward markets. the Democratic National Committee. ed in the CONGRESSIONAL RECORD. There is no question the Commission has He accompanied Vice President Walter There being no objection, the mate- legal authority to reform contracts. In the Mondale to Japan, and traveled to rial was ordered to be printed in the right circumstances, contract reform is ap- Japan and Korea with President propriate. If it can be demonstrated that any RECORD, as follows: Carter. He played a key role in the his- Pacific Northwest contracts impose an ex- SEPTEMBER 30, 2003. cessive burden on consumers or are unduly toric visit of Chinese Premier Deng Hon. RON WYDEN, discriminatory, or that fraud or duress were Xiaoping to the United States in 1978, U.S. Senate, present at the time of contract formation, traveling with him to New York, Hous- Washington, DC. then I believe contract reform would be ap- ton and San Francisco. DEAR SENATOR WYDEN: I am writing to propriate. You have expressed your strongly- In 1979, Mr. Konoshima co-founded, clarify my views on two issues of importance held view that the just and reasonable stand- with his colleague Esther Kee, the to you: Standard Market Design and market ard should govern in contract reform cases. I U.S.-Asia Institute, an organization manipulation. respect your view, and note there is legal You have forcefully stated your opposition dedicated to fostering better relations precedent supporting your position. I have between the U.S. and the countries and to the Commission’s Standard Market De- not prejudged which legal standard should sign. In particular, you have expressed con- govern in contract reform cases, and Federal people of East Asia. During his tenure cern that market rules developed in other re- courts have applied both the public interest as President of the U.S.-Asia Institute, gions of the country may not work in the Pa- standard and the just and reasonable stand- Mr. Konoshima personally escorted cific Northwest, and emphasized the poten- ard. As you know, the Commission applied Members of Congress on visits to the tial economic impact of the proposal on your the public interest standard in recent con- People’s Republic of China, as well as region. tract reform cases. I have not prejudged I recognize electricity markets are not na- delegations of Congressional staff. Mr. whether these cases were correctly decided. Konoshima led more than 85 Congres- tional, but regional. There are significant I appreciate the opportunity to share my differences among the regions—the trans- views with you on these matters. sional staff and trade delegations to mission grids are different, the generation Sincerely, China, Japan, Indonesia, the Phil- mixes are different, and the market struc- JOSEPH T. KELLIHER. ippines, Korea, Malaysia, Singapore, tures are different. There are also significant f Thailand and Brunei. He also hosted legal differences—the role of nonjurisdic- seven international conferences in co- tional utilities such as the Bonneville Power ON THE PASSING OF JOJI operation with the U.S. Department of Administration and municipal utilities is KONOSHIMA, PRESIDENT, U.S.- State, and a multitude of briefings on more significant in the Pacific Northwest ASIA INSTITUTE than other regions. It is essential that mar- issues of interest and concern to the ket rules reflect these important regional Mr. INOUYE. Mr. President, on Sep- U.S. and East Asian nations. Mr. differences. tember 17, 2003, America lost one of its Konoshima was an advisor to political,

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.089 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12187 business and diplomatic leaders on straints, COPS funds that we have leagues to send a strong message of both sides of the Pacific. praised as beneficial have become abso- support to our local law enforcement Joji Konoshima will be missed by all lutely crucial. If we allow the proposed officers: As we ask more of them, we whose lives he touched, but his ex- cuts to the COPS program, many de- must understand the fiscal pressure traordinary efforts in support of U.S.- partments will have no choice but to they face and help them bridge their Asia relations shall never be forgotten. cut wages and reduce personnel. funding gap so they can continue the f It is important to note in the post- level of excellence at which they oper- September 11 world that when we lose ate. There is no question that commu- ON THE COMMUNITY ORIENTED our community-oriented officers, we nity-oriented policing is integral to the POLICING SERVICES PROGRAM lose first responders. This year, for the protection and safety of all Americans. Mr. FEINGOLD. Mr. President, I first time, COPS dollars are being used Again, I want to applaud Senator want to speak today on the Commu- to hire community policing officers BIDEN for his leadership on this issue. I nity Oriented Policing Services, or who will be engaged in homeland secu- urge my colleagues, especially those on COPS, program. In my twenty years as rity efforts, and to pay for overtime the Appropriations Committee, to a public servant, I have seen only a costs associated with homeland secu- work to ensure that the COPS program very small number of federally funded rity. They are also helping to provide is fully funded before we adjourn. programs that have had such a measur- inter-operable communications tech- Thank you, Mr. President. able and immediate effect on local nology in communities to better help I yield the floor. communities as the COPS program. our first responders communicate dur- f The Community Oriented Policing ing times of crisis. Many of us have Services Program, commonly known as heard from first responders in our ADDITIONAL STATEMENTS COPS, was established in 1994, due in home States about how important, and large part to the efforts of my distin- how lacking, this communications guished colleague from Delaware, Sen- CONGRATULATIONS TO DORIS technology is on the front lines of the HANSEN ator BIDEN, and the support of then- fight against terrorism. President Clinton. Since its inception, The administration and Congress ∑ Mr. BURNS. Mr. President, I would the program has greatly enhanced com- simply cannot tell the American people like to voice my support for a woman munity oriented policing across the that we want them to feel secure and who was recently named the American Nation, resulting in real, tangible tell our local law enforcement officers Trucking Association’s National Driver crime reduction in cities such as Green how they are, while at the same time of the Year, and resides in Lavina, MT. Bay, Wisconsin’s third-largest city, as cutting funding for those officers. We Since Doris Hansen started driving well as in small, rural areas across Wis- must not short-change our police offi- semi trucks in 1967, she has logged consin and the country. This program cers. As the tragic events of September more than 3 million miles. Beginning has been a shining example of an effec- 11th reminded our Nation, police offi- at the age of 19 as a driver for her fa- tive partnership between local and Fed- cers play a vital role in protecting and ther-in-law, Doris has preserved an ac- eral governments. It provides Federal securing our communities. In the past cident-free driving record, with a per- assistance to meet local objectives 2 years, the words ‘‘security’’ and sonal commitment to safety for over 35 without imposing mandates or inter- ‘‘safety’’ have taken on new signifi- years. While Doris and her husband fering with local prerogatives. It also cance for Americans. The COPS pro- John sometimes drove as a sleeper provides Federal dollars directly to po- gram helps to give those words mean- team, she has logged most of her hours lice departments and local commu- ing. The officers who are hired and as a solo driver at a time when women nities. trained and funded by the COPS pro- were rare in the business. When Doris To date, the COPS program has fa- gram are our neighbors, our first re- began her career, some companies did cilitated the hiring and training of sponders, our drug educators, and, in not offer separate shower facilities and over 118,000 police officers who help some cases, as in the COPS in Schools break rooms, while others denied keep our communities safe. In the program, the mentors for our children. women access altogether. State of Wisconsin alone, COPS has We must give them the support they Doris is currently leased to Quality funded over 1,330 new officers by con- need so that they can continue to keep Transportation, Inc. stationed in tributing over $100 million to commu- us safe and secure. Baker, MT. Since signing with Quality nities. COPS funds have also provided No police department should have to in 1987, she has never lost a single over $20 million worth of crime-fight- choose between having up-to-date com- cargo or filed a damage claim. She cur- ing technologies to Wisconsin law en- munications devices and having suffi- rently operates a conventional three- forcement agencies. As Green Bay Po- cient law enforcement officers in its axle tractor and a 48-foot flatbed trail- lice Chief Craig Van Schyndle told me community, or decide whether to con- er, hauling general freight in ‘‘the last week, these funds have had a very tinue its school crossing guard pro- lower 48.’’ She has also logged the last positive and measurable impact on po- gram or to fund its successful crime-re- 13 summers in-State pulling belly- licing in Green Bay. Crime rates have duction programs. And yet, that is ex- dump trailers on road construction gone down, school security has been actly what is happening to local law projects, winning numerous safety and enhanced, and more officers have got- enforcement agencies in Wisconsin and industry awards, including Montana ten out from behind their desks and across the country as they watch fund- Motor Carriers 2002–03 Driver of the into the communities they protect. ing levels for the COPS program drop. Year. Although her job keeps her on But the Chief also expressed his fear I might add that unlike other impor- the road, she and John have raised two that proposed cuts to the COPS pro- tant law enforcement grant programs, children. Danielle is now a nurse in Big gram will result in devastating con- COPS delivers grant funding directly Sandy, MT, and J.J., who shares Doris’ sequences for the Green Bay Police De- to chiefs and sheriffs. There are no love of the road, is a truck driver as partment. The proposed drastic funding overhead costs for States because the well. cuts will set many police departments grant administration is facilitated di- Doris has been named American back decades. Already outdated equip- rectly by the Federal Government. Trucking Association’s first woman, ment will become the norm, and what’s Communities of all sizes are eligible to and first Montanan, National Driver of worse, our communities will see a re- apply for COPS grants, and the payoffs the Year for 2003. Doris will be honored duction in officers patrolling our are invaluable. Ensuring funding in the at American Trucking Association’s neighborhoods. The Green Bay Police COPS program is an investment in our 2003 Safety and Loss Prevention Man- Department and so many other local Nation’s security, an investment in our agement Council’s Fall Conference in law enforcement agencies in Wisconsin children, and an investment in commu- Jacksonville, FL tomorrow, and again and across the country are already nity safety. at the American Trucking Association crunched for resources due to the As we consider appropriations for the Management Conference and Exhi- stressed state budgets in many of our many Federal programs that make a bition in San Antonio, TX on October home States. Due to these fiscal con- difference at home, I urge my col- 20. I applaud Doris for her continued

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.090 S30PT1 S12188 CONGRESSIONAL RECORD — SENATE September 30, 2003 commitment to safe driving, and hope learning provides language, arts and Freedom, 83 percent of all weapons that she will keep up the good work.∑ reading skills that will be essential to used, were loaded from the Naval f these students throughout their aca- Weapons Station Earle, NJ. demic career. These programs were cre- In each assignment, CDR Mooring ex- IN CELEBRATION OF PHILLIP C. ated to identify and assist students in celled and met every challenge, and SHOWELL ELEMENTARY SCHOOL need of extra help. The committed fac- was rewarded with greater responsibil- ∑ Mr. CARPER. Mr. President, I rise ulty, staff, and administrators offer ities and opportunities. She is an expe- today to celebrate the selection of students the chance to fulfill their po- rienced leader, administrator, clini- Phillip C. Showell Elementary School tential. These children are inspired not cian, educator, and mentor. Through- as a No Child Left Behind-Blue Ribbon only to reach their potential, but to out her career she has been instru- Schools Award recipient. This pres- strive for excellence. mental in providing navy medicine tigious honor is awarded to schools Delaware is a small State, but we are with the fine cadre of navy nurses, phy- that meet one of two criteria. The building a growing record of achieve- sicians, Medical Service Corps officers nominated school must have at least 40 ment in public school education. The and hospital corpsmen serving today. percent of their student population students at Phillip C. Showell Elemen- Above all, she is a stellar officer and from disadvantaged backgrounds and tary School set the standard for ele- leader who always put the welfare of have each segment—including whites, mentary school students across the her staff and patients first. CDR Moor- blacks, Hispanics, low-income and spe- country. They truly are an inspiration ing always went the extra mile to serve cial education students—show scho- to other schools and communities her country and her fellow man. Her lastic improvement, or the school must throughout the Nation.∑ performance reflects greatly on herself, score in the top 10 percent on State as- f the U.S. Navy, the Department of De- sessment tests in reading, writing, fense, and the United States of Amer- math, social studies and the sciences. TRIBUTE TO COMMANDER ica. I extend my deepest appreciation Phillip C. Showell Elementary School ELIZABETH MCDONALD MOORING to Commander Elizabeth McDonald was successful in meeting both of these ∑ Mr. LAUTENBERG. Mr. President, I Mooring, on behalf of the United criteria. Not only did each segment rise today to recognize a great Amer- States, for her over 22 years of dedi- show adequate yearly progress, but the ican and a true military heroine who cated military service. Congratulations scores of students from Phillip C. has honorably served our country for CDR Mooring and let me be one of the Showell’s have shown steady improve- over 22 years in the U.S. Navy Nurse first to welcome you home to the State ment on State assessment tests over Corps: Commander Elizabeth McDonald of New Jersey.∑ the past several years. This is a re- Mooring. She was born in Rahway, NJ, f markable honor for Phillip C. Showell and grew up in Bridgewater, NJ. CDR Elementary School, attesting to the Mooring began her military career as a TRIBUTE TO LIEUTENANT many achievements and the commit- staff nurse at National Naval Medical COLONEL TIMOTHY W. COY ment this school, as well as the First Center, Bethesda, MD. She quickly rose ∑ Mr. ALLARD. Mr. President, on the State, has for educating our youth. through the ranks and served at naval occasion of his retirement from the Located in the small town of bases throughout the world, including U.S. Air Force, I wish to recognize LTC Selbyville, DE, Phillip C. Showell Ele- Naval Hospital Newport, RI; Naval Timothy W. Coy for his 27 years of mentary School is home to many low- Hospital Okinawa, Japan; Branch Med- dedicated service to our country. In his income and disadvantaged students. ical Clinic, Sewells Point, Norfolk, VA; most recent assignment he served as Approximately 47 percent of Phillip C. and varied assignments at the Naval the Chief, Congressional Inquiry Showell Elementary School students Medical Center Portsmouth, VA. Fol- Branch, Congressional Inquiry Divi- come from a disadvantaged socio-eco- lowing in her father’s footsteps, Sea- sion, Secretary of the Air Force Office nomic background. Many students man Eugene Bernard McDonald, CDR of Legislative Liaison, where he served come to the school with English as a Mooring and her sister, Patricia, joined as liaison between the Air Force and second language. To many teachers and the Navy Nurse Corps, while her broth- Congress on their constituent issues. faculty, these factors can be extremely er Sean joined the Seabees in the Naval Lieutenant Colonel Coy was born in frustrating. However, the dedicated Reserve. 1958 at Bolling AFB, Washington, DC. staff at Phillip C. Showell Elementary CDR Mooring adeptly served as the He graduated from Tabb High School in School prides themselves on their com- medical officer recruiter at the Com- Yorktown, VA, in 1976. He holds a mas- mitment to successfully educating and mander Naval Reserve Force, Philadel- ters degree in public administration impacting the lives of these underprivi- phia, PA. For 2 years she consistently from the University of Wyoming, a leged children. achieved her medical recruiting goal bachelor of arts degree from Saint Leo Known as ‘‘The little school that’s for the States of New Jersey and Penn- College, and a certificate in legislative big on learning,’’ Phillip C. Showell El- sylvania. For 2 years CDR Mooring studies from Georgetown University. ementary School provides an environ- served in the Naval Reserve and drilled He is also a graduate of Air Command ment that allows its faculty to work at Naval Air Station, Willow Grove, and Staff College, the Armed Forces closely with students. As one of the NJ. She was one of the first women to Staff College, Squadron Officers smallest elementary schools in the serve aboard the USS John F. Kennedy, School, Noncommissioned Officer State, Phillip C. Showell Elementary is CV–67, and provided medical support Leadership School, and the Air Force described as a close-knit family. The during the rededication of the Statue Legislative Fellowship program. welcoming atmosphere makes students of Liberty. Because of her clinical ex- In August 1976, Lieutenant Colonel feel accepted and special. cellence and professionalism she was Coy enlisted in the Air Force and com- As a title 1 school, Phillip C. Showell assigned to the presidential support pleted basic training at Lackland AFB, Elementary is able to receive funding team for President Ronald Reagan. TX, in September 1976, and performed and resources which allow them to pro- It is only fitting that for her final as- duties as an administrative specialist. vide for students. A teacher who spe- signment, she came home to New Jer- During his 7-year enlisted tour, he at- cializes in writing and reading provides sey. CDR Mooring served as the Officer tained the rank of technical sergeant, Early Success and Soar to Success pro- in Charge of the Branch Medical Clinic and was assigned to headquarters, Tac- grams for additional support to stu- at Naval Air Engineering Station tical Air Command, TAC, where he dents. There are after school opportu- Lakehurst, NJ, and Assistant Officer in held positions in the TAC Directorate nities for identified students who can Charge at the Branch Medical Clinic, of Administration and the TAC Com- benefit from extra reading and math Naval Weapons Station Earle, Colts mand Section. In 1981, he was selected help. In addition, a reading specialist Neck, NJ. She was integral to the crit- as one of the first members of the coordinates with other faculty mem- ical medical support mission of the 4450th Tactical Group, Nellis, AFB, NV, bers to identify kindergarten and new Naval Weapons Station during Oper- the unit responsible for the operation students who are in need of extended ation Enduring Freedom and Operation of the ten-top secret F–117A ‘‘Stealth kindergarten. This extra half-day of Iraqi Freedom. During Operation Iraqi Fighter.’’

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.078 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12189 In 1982, following a short stint as In November 1999, he returned to the In interviews with political leaders, noncommissioned officer in charge, Pentagon as the chief of legislative af- the result is that his listeners got to NCOIC, of the Tactical Fighter Weap- fairs for the United States Joint Forces hear the ‘‘real’’ person who represents ons Center, TFWC Command Section, Command, where he advocated JFCOM them. then-Staff Sergeant Coy was selected programs on Capitol Hill. In July 2001, This is why Paul is a respected man for assignment to the USAF ‘‘Thunder- Lieutenant Colonel Coy was given the in Minnesota, and why his contribution birds’’ Aerial Demonstration Team, additional responsibilities as the direc- to Minnesota radio will be missed. The where he performed duties as NCOIC of tor of the Washington Liaison Office, entire State of Minnesota—especially Thunderbird administration. After at- and U.S. liaison officer to the Supreme the St. Cloud area—was fortunate to taining the rank of technical sergeant Allied Commander, Atlantic. On No- have him on the air. in 6 years, he received his commission vember 1, 2002, he assumed his current Unfortunately, our work here in the through Officers Training School (OTS) position as the chief of the Congres- Senate keeps me from attending his re- in 1984. sional Inquiry Branch. tirement party this evening back in St. Following OTS graduation, Lieuten- A master space and missile operator, Cloud, MN. But if I were in attendance ant Colonel Coy completed Minuteman Lieutenant Colonel Coy’s decorations there tonight—among Paul, his wife III training at Vandenberg AFB, CA, as include the Defense Meritorious Serv- Carol, and his family, friends, and col- a ‘‘Top Performer,’’ and was assigned ice Medal, five Meritorious Service leagues—I would thank him for his in- to the 320th Strategic Missile Squadron Medals, the Air Force Achievement estimable contribution to keeping me at F.E. Warren, AFB, WY. He per- Medal with two oak leaf clusters, the and so many other Minnesotans in- formed duties as a standardization and Joint Service Commendation Medal, formed.∑ and the Air Force Commendation evaluation missileer, and following his f upgrade to crew commander, was se- Medal with four oak leaf clusters. Ad- lected to become the aide-de-camp for ditionally, he was awarded the Colo- MESSAGE FROM THE PRESIDENT then BG Arlen D. Jameson, commander rado Meritorious Service Medal by the A message from the President of the of the 4th Air Division. This job took Adjutant General, Colorado National United States was communicated to him back to Vandenberg AFB as aide- Guard. the Senate by Mr. Williams, one of his de-camp and executive officer for Maj. Tim was married for 20 years to the secretaries. late Barbara L. Suiter and has two General Jameson at the 1st Aerospace f Division. In January 1990, he was se- children; Brian, a sophomore at James EXECUTIVE MESSAGE REFERRED lected as one of Strategic Air Com- Madison University in Harrisonburg, mand’s top missileers for assignments VA, and Laura, a senior at Woodbridge As in executive session the Presiding to the TOP HAND Program. Lieuten- Senior High School. He has proven Officer laid before the Senate a mes- ant Colonel Coy served as launch direc- himself to be a top officer, loving hus- sage from the President of the United tor and test manager, and was involved band, and a caring father. I am very States submitting a nomination which in 20 Minuteman III and Peacekeeper proud to call Tim ‘‘one of my own’’ and was referred to the Committee on the test launches. wish him the best as he moves on to his Judiciary. In June 1992, he was selected as part next journey.∑ (The nomination received today is of the initial cadre of personnel in the f printed at the end of the Senate pro- newly established Headquarters Air PAUL STACKE ceedings.) Combat Command at Langley AFB, ∑ Mr. COLEMAN. Mr. President, I f VA, where he served in the deputy would like to take a moment to recog- MEASURES REFERRED—September chief of staff, Plans and Programs as nize Paul Stacke, a widely respected 29, 2003 chief of the ICBM Plans Section. When figure of Minnesota radio who is retir- the ICBM mission moved to Colorado The following bill was reported from ing today after 48 years in the business. Committee and referred as follows: Springs, CO, at the Air Force Space Paul began his broadcasting career in Command in June 1993, Lieutenant S. 150. A bill to make permanent the mora- 1955. Since that time, he has worked at torium on taxes on Internet access and mul- Colonel Coy became the force applica- radio stations in cities throughout tions mission area planner for the Di- tiple and discriminatory taxes on electronic Minnesota, including Albany, Morris, commerce imposed by the Internet Tax Free- rectorate of Plans. In June 1966, he Duluth, and St. Cloud, where he was a dom Act. moved to the 21st Space Wing Plans Of- member of the award-winning news f fice where he became the chief of the staff of AM 1240 WJON. Future Systems Branch. His office was While he has had a few different re- EXECUTIVE AND OTHER responsible for SBIRS planning, the sponsibilities over the years, Paul’s COMMUNICATIONS Clear Radar Upgrade, and conducted most notable contribution was at The following communications were planning in support of National Missile WJON as the station’s political re- laid before the Senate, together with Defense and other programs totaling porter. In this position, Paul brought accompanying papers, reports, and doc- over $14 billion. the latest to his listeners by covering uments, and were referred as indicated: He was then selected for assignment the senators, governors, and State and EC–4412. A communication from the Attor- to the Joint Staff J–3 Defense Space local leaders in Minnesota politics and ney, Research and Special Programs Admin- Operations Division, DSOD, in Decem- asking them the tough questions peo- istration, Department of Transportation, ber 1997. Lieutenant Colonel Coy as- ple wanted answered. transmitting, pursuant to law, the report of sumed his duties in the Theater Missile Paul also brought national politics a rule entitled ‘‘Hazardous Materials Regula- and Air Defense branch, which included back home through interviews with po- tions: Penalty Guidelines and Other Proce- the National Missile Defense program, litical figures who serve the people dural Regulations’’ (RIN2137–AD71) received and participated in development of a here in Washington, from a speaker of on September 25, 2003; to the Committee on Commerce, Science, and Transportation. common operating picture for the the House to a President of the United EC–4413. A communication from the Attor- warfighter. He was also a qualified States. ney, Research and Special Programs Admin- space surveillance officer in the Na- There are many people in the media istration, Department of Transportation, tional Military Command Center. who have the skills to take themselves transmitting, pursuant to law, the report of In 1998, Lieutenant Colonel Coy was to a successful career. Paul is qualified a rule entitled ‘‘Hazardous Materials: Ap- selected as one of nine Air Force legis- in this way, but he is also more. Be- proval Program for Certain Persons Per- lative fellows, and served as my Air sides being a professional, Paul is gen- forming Visual Requalifications of DOT Force fellow in my Washington, DC of- uine. Specification Cylinders; Extension of Com- fice. He worked defense issues, specifi- Bringing this quality into an inter- pliance Date’’ (RIN2137–AD86) received on September 25, 2003; to the Committee on cally space issues. His insight and view is what makes him a one-and- Commerce, Science, and Transportation. knowledge was invaluable as a new only. In doing so, he compels the peo- EC–4414. A communication from the Attor- member of the Senate Armed Services ple he is interviewing to show the same ney, Research and Special Programs Admin- Committee. side of themselves. istration, Department of Transportation,

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.044 S30PT1 S12190 CONGRESSIONAL RECORD — SENATE September 30, 2003 transmitting, pursuant to law, the report of tion, Department of Transportation, trans- General Dynamics (Consolidated) (Army) a rule entitled ‘‘Hazardous Materials: Matter mitting, pursuant to law, the report of a rule Model C–87A Airplanes’’ (RIN2120–AA64) re- Incorporated by Reference’’ (RIN2137–AD83) entitled ‘‘Disposition of Comments to Final ceived on September 25, 2003; to the Com- received on September 25, 2003; to the Com- Rules: Noise Certification Standards for Sub- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- sonic Jet and Subsonic Transport Category tation. tation. Large Airplanes; Transition to an All Stage EC–4432. A communication from the Para- EC–4415. A communication from the Chief 3 Fleet Operating in the 48 Contiguous legal Specialist, Federal Aviation Adminis- of Staff, Consumer and Governmental Affairs United States and the District of Columbia’’ tration, Department of Transportation, Bureau, Federal Communications Commis- (RIN2120–AI01) received on September 25, transmitting, pursuant to law, the report of sion, transmitting, pursuant to law, the re- 2003; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: port of a rule entitled ‘‘In the Matter of Science, and Transportation. Schempp-Hirth Flugzeugbau GmbH Model Rules and Regulations Implementing the EC–4424. A communication from the Pro- Duo-Discus Gliders’’ (RIN2120–AA64) received Telephone Consumer Protection Act of 1991’’ gram Analyst, Federal Aviation Administra- on September 25, 2003 ; to the Committee on (CG Doc. No. 02–278) received on September tion, Department of Transportation, trans- Commerce, Science, and Transportation. 29, 2003; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–4433. A communication from the Para- Science, and Transportation. entitled ‘‘Airworthiness Directives: Robert E legal Specialist, Federal Aviation Adminis- EC–4416. A communication from the Attor- Rust Models Dehavilland DH C1 Chipmunk tration, Department of Transportation, ney, Research and Special Programs Admin- 21, 22, and 22A Airplanes; Doc. No. 2000–CE– transmitting, pursuant to law, the report of istration, Department of Transportation, 64’’ (RIN2120–AA64) received on September a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of 25, 2003; to the Committee on Commerce, Empresa Brasileira de Aeronautica S.A. a rule entitled ‘‘Pipeline Safety: Further Science, and Transportation. (EMBRARER) Model EMB–135 and 145 Series Regulatory Review Gas Pipeline Safety EC–4425. A communication from the Para- Airplanes Doc. No. 2002–NE–88’’ (RIN2120– Standards’’ (RIN2137–AD01) received on Sep- legal Specialist, Federal Aviation Adminis- AA64) received on September 25, 2003; to the tember 25, 2003; to the Committee on Com- tration, Department of Transportation, Committee on Commerce, Science, and merce, Science, and Transportation. transmitting, pursuant to law, the report of Transportation. EC–4417. A communication from the Pro- a rule entitled ‘‘Airspace Actions Revision of EC–4434. A communication from the Para- gram Analyst, Federal Aviation Administra- Federal Airways V–13 and V–07; Harlingen, legal Specialist, Federal Aviation Adminis- tion, Department of Transportation, trans- TX’’ (RIN2120–AA66) received on September tration, Department of Transportation, mitting, pursuant to law, the report of a rule 25, 2003; to the Committee on Commerce, transmitting, pursuant to law, the report of entitled ‘‘Improved Flammability Standards Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: for Thermal/Acoustic Insulation Materials EC–4426. A communication from the Para- Rolls Royce plc Trent 768–60, Trent 772B–60 Used in Transport Category Airplanes; Doc. legal Specialist, Federal Aviation Adminis- Turbofan Engines Doc. No. 2003–NE–29’’ No. FAA–200–7909’’ (RIN2120–AG91) received tration, Department of Transportation, (RIN2120–AA64) received on September 25, on September 25, 2003; to the Committee on transmitting, pursuant to law, the report of 2003; to the Committee on Commerce, Commerce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. EC–4418. A communication from the Pro- EC–4435. A communication from the Para- proach Procedures; Miscellaneous Amend- gram Analyst, Federal Aviation Administra- legal Specialist, Federal Aviation Adminis- ments (26) Amendment No. 3070’’ (RIN2120– tion, Department of Transportation, trans- tration, Department of Transportation, AA65) received on September 25, 2003; to the mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives: Airbus a rule entitled ‘‘Airworthiness Directives: Transportation. Model A300 B2 and B4, B4–600, B4–600R, F4– Boeing Model 747–400 Series Airplanes EC–4427. A communication from the Para- 600R; A130, 319, 320, 321, 330; and A340 Series Equipped with General Electric Model CF6 legal Specialist, Federal Aviation Adminis- Airplanes; Equipped with PPG Aerospace Series Engines Doc. No. 2002–NM–128’’ tration, Department of Transportation, Windshields, Doc. No. 2002–N–50’’ (RIN2120– (RIN2120–AA64) received on September 25, transmitting, pursuant to law, the report of AA64) received on September 25, 2003; to the 2003; to the Committee on Commerce, a rule entitled ‘‘Standard Instrument Ap- Committee on Commerce, Science, and Science, and Transportation. proach Procedures; Miscellaneous Amend- Transportation. EC–4436. A communication from the Para- EC–4419. A communication from the Pro- ments (43) Amendment No. 3069’’ (RIN2120– legal Specialist, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- AA65) received on September 25, 2003; to the tration, Department of Transportation, tion, Department of Transportation, trans- Committee on Commerce, Science, and transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Transportation. a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Airworthiness Directives: McDon- EC–4428. A communication from the Para- Rolls Royce plc. RB211–535 Turbofan Engines nell Douglas Model MD 11 and MD 11F Air- legal Specialist, Federal Aviation Adminis- Doc. No. 2002–NE–16’’ (RIN2120–AA64) re- planes; Doc. No. 2002–NM–74’’ (RIN2120–AA64) tration, Department of Transportation, ceived on September 25, 2003; to the Com- received on September 25, 2003; to the Com- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Standard Instrument Ap- tation. tation. proach Procedures; Miscellaneous Amend- EC–4437. A communication from the Para- EC–4420. A communication from the Pro- ments (77) Amendment No. 3071’’ (RIN2120– legal Specialist, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- AA65) received on September 25, 2003; to the tration, Department of Transportation, tion, Department of Transportation, trans- Committee on Commerce, Science, and transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Transportation. a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Special Air Traffic Rules in the Vi- EC–4429. A communication from the Para- Eurocopter France Model SE3160, SA316B, cinity of Los Angeles International Airport; legal Specialist, Federal Aviation Adminis- SA315B, SA316C, and SA319B Helicopters Doc. No. FAA–2002–14149’’ (RIN2120–AH92) re- tration, Department of Transportation, Doc. No. 2003–SW34’’ (RIN2120–AA64) received ceived on September 25, 2003; to the Com- transmitting, pursuant to law, the report of on September 25, 2003; to the Committee on mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Standard Instrument Ap- Commerce, Science, and Transportation. tation. proach Procedures; Miscellaneous Amend- EC–4438. A communication from the Para- EC–4421. A communication from the Pro- ments (12) Amendment No. 3072’’ (RIN2120– legal Specialist, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- AA65) received on September 25, 2003; to the tration, Department of Transportation, tion, Department of Transportation, trans- Committee on Commerce, Science, and transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Transportation. a rule entitled ‘‘Modification of Class E Air- entitled ‘‘Revised Requirement for Material EC–4430. A communication from the Para- space; Window Rock, AZ Final Rule; Con- Strength Properties and Design Values for legal Specialist, Federal Aviation Adminis- firmation of Effective Date; Doc. No. 03– Transport Airlines; Doc. No. FAA–2002–11345’’ tration, Department of Transportation, AWP–9’’ (RIN2120–AA66) received on Sep- (RIN2120–AH36) received on September 25, transmitting, pursuant to law, the report of tember 25, 2003; to the Committee on Com- 2003; to the Committee on Commerce, a rule entitled ‘‘Standard Instrument Ap- merce, Science, and Transportation. Science, and Transportation. proach Procedures; Miscellaneous Amend- EC–4439. A communication from the Para- EC–4422. A communication from the Pro- ments (124) Amendment No. 3073’’ (RIN2120– legal Specialist, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- AA65) received on September 25, 2003; to the tration, Department of Transportation, tion, Department of Transportation, trans- Committee on Commerce, Science, and transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Transportation. a rule entitled ‘‘Modification of Class E Air- entitled ‘‘Reports by Carriers on Incidents EC–4431. A communication from the Para- space; Wichita ModContinent Airport, KS, Involving Animals During Air Transport; legal Specialist, Federal Aviation Adminis- Correction Doc. No. 03–ACE–52 ‘‘(RIN2120– Doc. No. FAA–2002–13378’’ (RIN2120–AH69) re- tration, Department of Transportation, AA66) received on September 25, 2003; to the ceived on September 25, 2003; to the Com- transmitting, pursuant to law, the report of Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives: Transportation. tation. General Dynamics (Corvair) Model P4Y–2 EC–4440. A communication from the Para- EC–4423. A communication from the Pro- Airplanes, General Dynamics (Consolidated- legal Specialist, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- Vultee) (Army) Model LB–30 Airplanes, and tration, Department of Transportation,

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.029 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12191 transmitting, pursuant to law, the report of tration, Department of Transportation, tional Marine Fisheries Service, transmit- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- Piaggio Aero Industries S.p.A. Model P180 a rule entitled ‘‘Airworthiness Directives: titled ‘‘Inseason Adjustment Opening B Sea- Airplanes Doc. No. 2003–CE–30’’ (RIN2120– McCauley Propetter Systems, Inc. Propeller son for Atka Mackerel with Gears Other AA66) received on September 25, 2003; to the Hum Models B5JFR36C1101, C5JFR36C1102, Than Jig’’ received on September 25, 2003; to Committee on Commerce, Science, and B5JFR36C1103, and C5JFR36C1104 Doc. No. the Committee on Commerce, Science, and Transportation. 2003–NE–32’’ (RIN2120–AA64) received on Sep- Transportation. EC–4441. A communication from the Para- tember 25, 2003; to the Committee on Com- EC–4459. A communication from the Acting legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. Director, Office of Sustainable Fisheries, Na- tration, Department of Transportation, EC–4450. A communication from the Para- tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: tration, Department of Transportation, titled ‘‘Reallocation of Projected Unused Short Brothers and Harland Ltd. Models SC– transmitting, pursuant to law, the report of Amounts of Bering Sea Subarea Pollock 7 Series 2 and SC–7 Series Airplanes Doc. No. a rule entitled ‘‘Airworthiness Directives: from the Incidental Catch Account to the Di- 2000–CE–17’’ (RIN2120–AA66) received on Sep- Rolls Royce Deutschland Ltd & Co KG Dart rected Fisheries’’ received on September 25, tember 25, 2003; to the Committee on Com- 528, 529, 529D, 531, 532, 535, 542, and 552 Series 2003; to the Committee on Commerce, merce, Science, and Transportation. Turboprop Engines Doc. No. 2003–NE–10’’ Science, and Transportation. EC–4442. A communication from the Para- (RIN2120–AA64) received on September 25, EC–4460. A communication from the Dep- legal Specialist, Federal Aviation Adminis- 2003; to the Committee on Commerce, uty Assistant Administrator for Operations, tration, Department of Transportation, Science, and Transportation. Office of Sustainable Fisheries, National Ma- transmitting, pursuant to law, the report of EC–4451. A communication from the Para- rine Fisheries Service, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Cor- Rolls Royce RB211 Series Turbofan Engines tration, Department of Transportation, rection to Figure 6 to Part 679; Changes in Correction Doc. No. 2003–NE–13’’ (RIN2120– transmitting, pursuant to law, the report of Length Overall of a Vessel at Section 679.2’’ AA66) received on September 25, 2003; to the a rule entitled ‘‘Airworthiness Directives: received on September 25, 2003; to the Com- Committee on Commerce, Science, and MD Helicopters, Inc., Model 600 N Heli- mittee on Commerce, Science, and Transpor- Transportation. copters Doc. No. 2003–SW–04’’ (RIN2120–AA64) tation. EC–4443. A communication from the Para- received on September 25, 2003; to the Com- EC–4461. A communication from the Acting legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- Director, Office of Sustainable Fisheries, Na- tration, Department of Transportation, tation. tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of EC–4452. A communication from the Para- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- titled ‘‘Notification of Atka Mackerel As- MD Helicopters, Inc. Model 369A, D, E, H, tration, Department of Transportation, signments for the 2003 B Season Atka Mack- HE, HM, HS, F, and FF Helicopters; Correc- transmitting, pursuant to law, the report of erel Fishery in HLA 542 and/or 543; BSAI’’ re- tion Doc. No. 2003–SW–17’’ (RIN2120–AA64) re- a rule entitled ‘‘Modification of Class E Air- ceived on September 25, 2003; to the Com- ceived on September 25, 2003; to the Com- space; Corning, IA Doc. No. 03–ACE–69’’ mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- (RIN2120–AA66) received on September 25, tation. tation. 2003; to the Committee on Commerce, EC–4462. A communication from the Acting EC–4444. A communication from the Para- Director, Office of Sustainable Fisheries, Na- legal Specialist, Federal Aviation Adminis- Science, and Transportation. EC–4453. A communication from the Para- tional Marine Fisheries Service, transmit- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tration, Department of Transportation, titled ‘‘Closure; Prohibiting Directed Fishing a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of for Pollock in Statistical Area 630 of the Pratt and Whitney JT8D–200 Series Turbofan a rule entitled ‘‘Modification of Class E Air- Gulf of Alaska’’ received on September 25, Engines Doc. No. 2002–NE–41’’ (RIN2120–AA64) 2003; to the Committee on Commerce, received on September 25, 2003; to the Com- space; Clarion, IA Doc. No. 03–ACE–68’’ Science, and Transportation. mittee on Commerce, Science, and Transpor- (RIN2120–AA66) received on September 25, EC–4463. A communication from the Acting tation. 2003; to the Committee on Commerce, Director, Office of Sustainable Fisheries, Na- EC–4445. A communication from the Para- Science, and Transportation. legal Specialist, Federal Aviation Adminis- EC–4454. A communication from the Para- tional Marine Fisheries Service, transmit- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tration, Department of Transportation, titled ‘‘Fisheries Off West Coast States and a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of in the Western Pacific; Coastal Pelagic Spe- Eurocopter France Model EC 155B, SA–365N, a rule entitled ‘‘Modification of Class E Air- cies Fishery; Regulatory Amendment; Pa- and N1, AS–365N2, and AS 365N3 Helicopters space; Chariton, IA Doc. No. 03–ACE–67’’ cific Sardine Fishery’’ (RIN0648–AP88) re- Doc. No. 2002–SW–53’’ (RIN2120–AA64) re- (RIN2120–AA66) received on September 25, ceived on September 25, 2003; to the Com- ceived on September 25, 2003; to the Com- 2003; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- Science, and Transportation. tation. tation. EC–4455. A communication from the Direc- EC–4464. A communication from the Acting EC–4446. A communication from the Para- tor, Office of Sustainable Fisheries, National Director, Office of Sustainable Fisheries, Na- legal Specialist, Federal Aviation Adminis- Marine Fisheries Service, transmitting, pur- tional Marine Fisheries Service, transmit- tration, Department of Transportation, suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of ‘‘Closure; Prohibiting Directed Fishing for titled ‘‘Closure; prohibiting directed fishing a rule entitled ‘‘Airworthiness Directives: Pollock in Statistical Area 610 of the Gulf of for Pacific cod by vessels catching Pacific Wytwornia Sprzetu Komunikacyjnego (WSK) Alaska’’ received on September 25, 2003; to cod for processing by the inshore component PZL–10W Turboshaft Engines Doc. No. 2003– the Committee on Commerce, Science, and in the Central Regulatory Area of the Gulf of NE–90’’ (RIN2120–AA64) received on Sep- Transportation. Alaska’’ received on September 25, 2003; to tember 25, 2003; to the Committee on Com- EC–4456. A communication from the Direc- the Committee on Commerce, Science, and merce, Science, and Transportation. tor, Office of Sustainable Fisheries, National Transportation. EC–4447. A communication from the Para- Marine Fisheries Service, transmitting, pur- EC–4465. A communication from the Acting legal Specialist, Federal Aviation Adminis- suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- tration, Department of Transportation, ‘‘Atlantic Highly Migratory Species; Atlan- tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of tic Bluefin Tuna Retention Limit Adjust- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: ment’’ (ID082203D) received on September 25, titled ‘‘Closure; Prohibiting Directed Fishing Learjet Model 45 Airplanes Doc. No. 2003– 2003; to the Committee on Commerce, for Pollock in Statistical Area 620 of the NM–141’’ (RIN2120–AA64) received on Sep- Science, and Transportation. Gulf of Alaska’’ received on September 25, tember 25, 2003; to the Committee on Com- EC–4457. A communication from the Direc- 2003; to the Committee on Commerce, merce, Science, and Transportation. tor, Office of Sustainable Fisheries, National Science, and Transportation. EC–4448. A communication from the Para- Marine Fisheries Service, transmitting, pur- EC–4466. A communication from the Acting legal Specialist, Federal Aviation Adminis- suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- tration, Department of Transportation, ‘‘Final Rule to Implement the Partial Ap- tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of proval of Amendment 75 to the Fishery Man- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: agement Plan for the Groundfish Fishery of titled ‘‘Closure of Directed Fishing for Non- Learjet 45 Model Airplanes Doc. No. 2003– the Bering Sea and Aleutian Islands Area’’ Community Development Quota Pollock NM–142’’ (RIN2120–AA64) received on Sep- (RIN0648–AQ78) received on September 25, with Trawl Gear in the Chinook Salmon Sav- tember 25, 2003; to the Committee on Com- 2003; to the Committee on Commerce, ings Area of the Bering Sea and Aleutian Is- merce, Science, and Transportation. Science, and Transportation. lands Management Area’’ received on Sep- EC–4449. A communication from the Para- EC–4458. A communication from the Acting tember 25, 2003; to the Committee on Com- legal Specialist, Federal Aviation Adminis- Director, Office of Sustainable Fisheries, Na- merce, Science, and Transportation.

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.031 S30PT1 S12192 CONGRESSIONAL RECORD — SENATE September 30, 2003 EC–4467. A communication from the Acting Department of Transportation, transmitting, By Mr. SHELBY, from the Committee on Division Chief, Office of Protected Re- pursuant to law, the report of a rule entitled Banking, Housing, and Urban Affairs, with- sources, National Oceanic and Atmospheric ‘‘Roadway Maintenance Machine Safety’’ out amendment: Administration, transmitting, pursuant to (RIN2130–AB28) received on September 25, S. 1680. An original bill to reauthorize the law, the report of a rule entitled ‘‘Taking of 2003; to the Committee on Commerce, Defense Production Act of 1950, and for other Marine Mammals Incidental to Commercial Science, and Transportation. purposes (Rept. No. 108–156). Fishing Operations; Atlantic Large Whale EC–4477. A communication from the Attor- By Mr. GRASSLEY, from the Committee Take Reduction Plan Regulations’’ (RIN0648– ney, Research and Special Programs Admin- on Finance, with an amendment in the na- AN88) received on September 25, 2003; to the istration, Department of Transportation, ture of a substitute: Committee on Commerce, Science, and transmitting, pursuant to law, the report of S. 622. A bill to amend title XIX of the So- Transportation. a rule entitled ‘‘Pipeline Safety: Rec- cial Security Act to provide families of dis- EC–4468. A communication from the Acting ommendations to Change the Hazardous Liq- abled children with the opportunity to pur- Division Chief, Office of Protected Re- uid Pipeline Safety Standards’’ (RIN2137– chase coverage under the medicaid program sources, National Oceanic and Atmospheric AD10 ) received on September 25, 2003; to the for such children, and for other purposes Administration, transmitting, pursuant to Committee on Commerce, Science, and (Rept. No. 108–157). law, the report of a rule entitled ‘‘Taking of Transportation. By Mr. STEVENS, from the Committee on Marine Mammals Incidental to Commercial EC–4478. A communication from the Direc- Appropriations, without amendment: Fishing Operations; Atlantic Large Whale tor of Industry Programs, Office of Policy, S. 1689. An original bill making emergency Take Reduction Plan Regulations’’ (RIN0648– International Trade Administration, trans- supplemental appropriations for Iraq and Af- AN40) received on September 25, 2003; to the mitting, pursuant to law, the report of a rule ghanistan security and reconstruction for Committee on Commerce, Science, and entitled ‘‘Steel Import Licensing and Surge the fiscal year ending September 30, 2004, and Transportation. Monitoring’’ (RIN0625–AA60) received on Sep- for other purposes. EC–4469. A communication from the Acting tember 25, 2003; to the Committee on Com- f Division Chief, Office of Protected Re- merce, Science, and Transportation. sources, National Oceanic and Atmospheric EC–4479. A communication from the Dep- INTRODUCTION OF BILLS AND Administration, transmitting, pursuant to uty Director, Office of Protected Resources, JOINT RESOLUTIONS law, the report of a rule entitled ‘‘Taking of National Marine Fisheries Service, transmit- The following bills and joint resolu- Marine Mammals Incidental to Commercial ting, pursuant to law, the report of a rule en- tions were introduced, read the first Fishing Operations; Atlantic Large Whale titled ‘‘Taking and Importing Marine Mam- and second times by unanimous con- Take Reduction Plan Regulations’’ (RIN0648– mals; Taking of Marine Mammals Incidental AP68) received on September 25, 2003; to the to Power Plant Operations’’ (RIN0648–AQ54) sent, and referred as indicated: Committee on Commerce, Science, and received on September 25, 2003; to the Com- By Mr. BENNETT: Transportation. mittee on Commerce, Science, and Transpor- S. 1678. A bill to provide for the establish- EC–4470. A communication from the Acting tation. ment of the Uintah Research and Curatorial Division Chief, Office of Protected Re- EC–4480. A communication from the Dep- Center for Dinosaur National Monument in sources, National Oceanic and Atmospheric uty Director, Office of Protected Resources, the States of Colorado and Utah, and for Administration, transmitting, pursuant to National Marine Fisheries Service, transmit- other purposes; to the Committee on Energy law, the report of a rule entitled ‘‘Taking of ting, pursuant to law, the report of a rule en- and Natural Resources. Marine Mammals Incidental to Commercial titled ‘‘Taking and Importing Marine Mam- By Mr. BUNNING: Fishing Operations; Atlantic Large Whale mals; Taking of Marine Mammals Incidental S. 1679. A bill to amend the Internal Rev- Take Reduction Plan Regulations’’ (RIN0648– to Missile Launch Operations from San Nico- enue Code of 1986 to reduce the depreciation AN88) received on September 25, 2003; to the las Island, CA’’ (RIN0648–AQ61) received on recovery period for roof systems; to the Com- Committee on Commerce, Science, and September 25, 2003; to the Committee on mittee on Finance. Transportation. Commerce, Science, and Transportation. By Mr. SHELBY: EC–4471. A communication from the Acting EC–4481. A communication from the Acting S. 1680. An original bill to reauthorize the Division Chief, Office of Protected Re- Assistant Secretary for Export Administra- Defense Production Act of 1950, and for other sources, National Oceanic and Atmospheric tion, Bureau of Industry and Security, De- purposes; from the Committee on Banking, Administration, transmitting, pursuant to partment of Commerce, transmitting, pursu- Housing, and Urban Affairs; considered and law, the report of a rule entitled ‘‘Taking of ant to law, the report of a rule entitled ‘‘In- passed. Marine Mammals Incidental to Commercial dustry and Security Programs’’ (RIN0694– By Mr. BUNNING: S. 1681. A bill to exempt the natural aging Fishing Operations; Atlantic Large Whale xx21) received on September 25, 2003; to the process in the determination of the produc- Take Reduction Plan Regulations’’ received Committee on Commerce, Science, and tion period for distilled spirits under section on September 25, 2003; to the Committee on Transportation. Commerce, Science, and Transportation. EC–4482. A communication from the Office 263A of the Internal Revenue Code of 1986; to EC–4472. A communication from the Acting of Protected Resources, National Marine the Committee on Finance. Division Chief, Office of Protected Re- Fisheries Service, National Oceanic and At- By Mr. ROCKEFELLER: S. 1682. A bill to provide for a test census sources, National Oceanic and Atmospheric mospheric Administration, transmitting, of Americans residing abroad, and to require Administration, transmitting, pursuant to pursuant to law, the report of a rule entitled that such individuals be included in the 2010 law, the report of a rule entitled ‘‘Taking of ‘‘Endangered and Threatened Wildlife: Sea decennial census; to the Committee on Gov- Marine Mammals Incidental to Commercial Turtle Conservation Requirements’’ ernmental Affairs. Fishing Operations; Atlantic Large Whale (RIN0648–AR34) received on September 25, By Mr. VOINOVICH: Take Reduction Plan Regulations’’ received 2003; to the Committee on Commerce, on September 25, 2003; to the Committee on S. 1683. A bill to provide for a report on the Science, and Transportation. parity of pay and benefits among Federal law Commerce, Science, and Transportation. EC–4483. A communication from the Patent enforcement officers and to establish an ex- EC–4474. A communication from the Gen- Counsel, Office of General Counsel, Depart- change program between Federal law en- eral Counsel, Office of the General Counsel, ment of Commerce, transmitting, pursuant forcement employees and State and local law Consumer Product Safety Commission, to law, the report of a rule entitled ‘‘Licens- enforcement employees; to the Committee transmitting, pursuant to law, the report of ing of Government Owned Inventions’’ on Governmental Affairs. a rule entitled ‘‘Confirmation of Effective (RIN0692–AA17) received on September 25, By Ms. LANDRIEU (for herself, Mrs. Dates of Rules Declaring Metal-Cored Can- 2003; to the Committee on Commerce, dlesticks Containing Lead and Candles With MURRAY, and Mr. CORZINE): Science, and Transportation. S. 1684. A bill to amend the Public Health Such Wicks to be Hazardous Substances and EC–4484. A communication from the Sec- Service Act and Employee Retirement In- Banning Them’’ (FR Doc. 03–16243) received retary of the Commission, Bureau of Con- come Security Act of 1974 to require that on September 25, 2003; to the Committee on sumer Protection, Federal Trade Commis- group and individual health insurance cov- Commerce, Science, and Transportation. sion, transmitting, pursuant to law, the re- erage and group health plans provide cov- EC–4475. A communication from the Sec- port of a rule entitled ‘‘16 CFR Part 305— retary of the Commission, Bureau of Con- erage for a minimum hospital stay for Rule Concerning Disclosures Regarding En- sumer Protection, Federal Trade Commis- mastectomies and lymph node dissections ergy Consumption, . . . etc. (‘‘Appliance La- sion, transmitting, pursuant to law, the re- performed for the treatment of breast can- beling Rule’’)—(Dishwasher and Central Air port of a rule entitled ‘‘Rule Concerning Dis- cer; to the Committee on Health, Education, Conditioner Ranges, 2003)’’ (RIN3084–AA74) closures Regarding Energy Consumption and Labor, and Pensions. received on September 25, 2003; to the Com- Water Use of Certain Home Appliances and By Mr. GRASSLEY: mittee on Commerce, Science, and Transpor- Other Products Required Under the Energy S. 1685. A bill to extend and expand the tation. Policy and Conservation Act (‘‘Appliance La- basic pilot program for employment eligi- beling Rule’’)’’ (RIN3084–AA74) received on f bility verification, and for other purposes; to September 25, 2003; to the Committee on REPORTS OF COMMITTEES the Committee on the Judiciary. Commerce, Science, and Transportation. By Mr. GRASSLEY (for himself, Ms. EC–4476. A communication from the Trial The following reports of committees LANDRIEU, Mr. BUNNING, Mr. ROCKE- Attorney, Federal Railroad Administration, were submitted: FELLER, Mr. CRAIG, Mr. BAUCUS, Mr.

VerDate jul 14 2003 02:04 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.032 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12193 DEWINE, Mr. LEVIN, Mr. INHOFE, Mr. (Mrs. CLINTON) was added as a cospon- S. 1562 NELSON of Nebraska, Mrs. LINCOLN, sor of S. 1034, a bill to repeal the sunset At the request of Mr. CRAIG, the Mrs. CLINTON, and Mr. JEFFORDS): date on the assault weapons ban, to name of the Senator from Colorado S. 1686. A bill to reauthorize the adoption incentive payments program under part E of ban the importation of large capacity (Mr. ALLARD) was added as a cosponsor title IV of the Social Security Act, and for ammunition feeding devices, and for of S. 1562, a bill to amend selected stat- other purposes; to the Committee on Fi- other purposes. utes to clarify existing Federal law as nance. S. 1035 to the treatment of students privately By Mr. BINGAMAN (for himself, Ms. At the request of Mr. CORZINE, the educated at home under state law. CANTWELL, and Mrs. MURRAY): name of the Senator from New Jersey S. 1622 S. 1687. A bill to direct the Secretary of the Interior to conduct a study on the preserva- (Mr. LAUTENBERG) was added as a co- At the request of Mr. GRAHAM of tion and interpretation of the historic sites sponsor of S. 1035, a bill to amend title Florida, the name of the Senator from of the Manhattan Project for potential inclu- 10, United States Code, to reduce the Iowa (Mr. HARKIN) was added as a co- sion in the National Park System; to the age for receipt of military retired pay sponsor of S. 1622, a bill to amend title Committee on Energy and Natural Re- for nonregular service from 60 to 55. 10, United States Code, to exempt cer- sources. S. 1082 tain members of the Armed Forces By Mr. ROCKEFELLER: S. 1688. A bill to amend the Internal Rev- At the request of Mr. BROWNBACK, the from the requirement to pay subsist- enue Code of 1986 to repeal the exclusion for name of the Senator from North Da- ence charges while hospitalized. extraterritorial income and provide for a de- kota (Mr. DORGAN) was added as a co- S. 1637 duction relating to income attributable to sponsor of S. 1082, a bill to provide sup- At the request of Mr. GRASSLEY, the United States production activities, and for port for democracy in Iran. name of the Senator from Massachu- other purposes; to the Committee on Fi- S. 1200 nance. setts (Mr. KERRY) was added as a co- At the request of Ms. CANTWELL, the By Mr. STEVENS: sponsor of S. 1637, a bill to amend the S. 1689. An original bill making emergency name of the Senator from Connecticut Internal Revenue Code of 1986 to com- supplemental appropriations for Iraq and Af- (Mr. DODD) was added as a cosponsor of ply with the World Trade Organization ghanistan security and reconstruction for S. 1200, a bill to provide lasting protec- rulings on the FSC/ETI benefit in a the fiscal year ending September 30, 2004, and tion for inventoried roadless areas manner that preserves jobs and produc- for other purposes; from the Committee on within the National Forest System. tion activities in the United States, to Appropriations; placed on the calendar. S. 1246 reform and simplify the international f At the request of Mr. ROBERTS, the taxation rules of the United States, ADDITIONAL COSPONSORS names of the Senator from Georgia and for other purposes. (Mr. CHAMBLISS) and the Senator from S. 333 S. 1638 Indiana (Mr. BAYH) were added as co- At the request of Mr. BREAUX, the At the request of Mr. GRASSLEY, the name of the Senator from South Caro- sponsors of S. 1246, a bill to amend the name of the Senator from Alabama Internal Revenue Code of 1986 to pro- lina (Mr. GRAHAM) was added as a co- (Mr. SESSIONS) was added as a cospon- sponsor of S. 333, a bill to promote vide for collegiate housing and infra- sor of S. 1638, a bill to amend title II of elder justice, and for other purposes. structure grants. the Higher Education Act of 1965 to in- S. 1531 S. 623 crease teacher familiarity with the At the request of Mr. WARNER, the At the request of Mr. HATCH, the educational needs of gifted and tal- name of the Senator from Minnesota names of the Senator from Indiana ented students, and for other purposes. (Mr. LUGAR), the Senator from Mon- (Mr. COLEMAN) was added as a cospon- S. 1660 tana (Mr. BURNS) and the Senator from sor of S. 623, a bill to amend the Inter- At the request of Mr. CAMPBELL, the Wisconsin (Mr. FEINGOLD) were added nal Revenue Code of 1986 to allow Fed- name of the Senator from Utah (Mr. as cosponsors of S. 1531, a bill to re- eral civilian and military retirees to HATCH) was added as a cosponsor of S. quire the Secretary of the Treasury to pay health insurance premiums on a 1660, a bill to improve water quality on mint coins in commemoration of Chief pretax basis and to allow a deduction abandoned and inactive mine land, and Justice John Marshall. for TRICARE supplemental premiums. for other purposes. S. 875 S. 1548 S. 1664 At the request of Mr. KERRY, the At the request of Mr. GRASSLEY, the At the request of Mr. HARKIN, the name of the Senator from New Jersey names of the Senator from Idaho (Mr. name of the Senator from Vermont (Mr. CORZINE) was added as a cosponsor CRAIG) and the Senator from Idaho (Mr. (Mr. LEAHY) was added as a cosponsor of S. 875, a bill to amend the Internal CRAPO) were added as cosponsors of S. of S. 1664, a bill to amend the Federal Revenue Code of 1986 to allow an in- 1548, a bill to amend the Internal Rev- come tax credit for the provision of enue Code of 1986 to provide incentives Insecticide, Fungicide, and Rodenticide homeownership and community devel- for the production of renewable fuels Act to provide for the enhanced review opment, and for other purposes. and to simplify the administration of of covered pesticide products, to au- thorize fees for certain pesticide prod- S. 976 the Highway Trust Fund fuel excise ucts, and to extend and improve the At the request of Mr. WARNER, the taxes, and for other purposes. collection of maintenance fees. names of the Senator from Oklahoma S. 1549 (Mr. NICKLES) and the Senator from At the request of Mrs. DOLE, the S. 1670 New Mexico (Mr. DOMENICI) were added names of the Senator from South Da- At the request of Mr. DAYTON, the as cosponsors of S. 976, a bill to provide kota (Mr. DASCHLE) and the Senator names of the Senator from Florida (Mr. for the issuance of a coin to commemo- from Indiana (Mr. LUGAR) were added NELSON) and the Senator from New rate the 400th anniversary of the as cosponsors of S. 1549, a bill to amend Jersey (Mr. CORZINE) were added as co- Jamestown settlement. the Richard B. Russell National School sponsors of S. 1670, a bill to expand the S. 985 Lunch Act to phase out reduced price Rest and Recuperation Leave program At the request of Mr. DODD, the name lunches and breakfasts by phasing in for members of the Armed Forces serv- of the Senator from Georgia (Mr. MIL- an increase in the income eligibility ing in the Iraqi theater of operations in LER) was added as a cosponsor of S. 985, guidelines for free lunches and break- support of Operation Iraqi Freedom to a bill to amend the Federal Law En- fasts. include travel and transportation to forcement Pay Reform Act of 1990 to S. 1558 the members’ permanent station or adjust the percentage differentials pay- At the request of Mr. ALLARD, the home. able to Federal law enforcement offi- names of the Senator from Oklahoma S. CON. RES. 56 cers in certain high-cost areas, and for (Mr. INHOFE), the Senator from Mis- At the request of Mr. CORZINE, the other purposes. sissippi (Mr . COCHRAN) and the Senator name of the Senator from New York S. 1034 from Mississippi (Mr. LOTT) were added (Mr. SCHUMER) was added as a cospon- At the request of Mrs. FEINSTEIN, the as cosponsors of S. 1558, a bill to re- sor of S. Con. Res. 56, a concurrent res- name of the Senator from New York store religious freedoms. olution expressing the sense of the

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.034 S30PT1 S12194 CONGRESSIONAL RECORD — SENATE September 30, 2003 Congress that a commemorative post- ing the research and curatorial center By Mr. BUNNING. age stamp should be issued honoring to be $8.7 million dollars. S. 1681. A bill to exempt the natural Gunnery Sergeant John Basilone, a Other Federal agencies, such as the aging process in the determination of great American hero. Bureau of Land Management and the the production period for distilled spir- f Forest Service, who are also in need of its under section 263A of the Internal collections storage, have become minor Revenue Code of 1986; to the Com- STATEMENTS ON INTRODUCED partners and would utilize a small por- mittee on Finance. BILLS AND JOINT RESOLUTIONS tion of the storage facility. An addi- Mr. BUNNING. Mr. President, today, By Mr. BENNETT: tional partner in the project, the Inter- I am pleased to introduce a bill that S. 1678. A bill to provide for the es- mountain Natural History Association, will address an issue of inequity in the tablishment of the Uintah Research has agreed to fund and carry out the U.S. Tax Code. Current tax law re- and Curatorial Center for Dinosaur Na- soil and environmental testing nec- quires that certain production expenses tional Monument in the States of Colo- essary to permit the Park Service to of a product for sale by a manufacturer rado and Utah, and for other purposes; accept the donation. be capitalized into the inventory cost to the Committee on Energy and Nat- It is imperative that we care for of that product. One such expense is ural Resources. these paleontological resources and en- the allocable portion of interest ex- Mr. BENNETT. Mr. President, I rise sure their availability to future gen- penses that are attributable to equip- to introduce the Uintah Research and erations, both for scientific study and ment used in that production. How- Curatorial Center Act. This bill would the enjoyment of the public. This legis- ever, this capitalization requirement authorize the National Park Service, lation is a proactive approach to ac- only applies when the product being NPS, to construct a research and cura- complishing those objectives and is an produced has a production period in ex- torial facility for Dinosaur National excellent example of a cost effective cess of 2 years. Monument and its partner, the Utah partnership between the National Park The bill I am introducing today will Field House of Natural History Mu- Service, the State of Utah Department clarify that, for the production of dis- tilled spirits, the production period for seum (Museum), in Vernal, UT. The fa- of Natural Resources, the City of purposes of this capitalization rule in- cility would be co-located with the Mu- Vernal, and Uintah County of which cludes only the distilling of the liq- seum while helping to preserve, pro- this Congress ought to applaud and uor—it does not include time that the tect, and exhibit the vast treasures of support. liquors are naturally aged following one of the most productive sites of di- By Mr. BUNNING: the distillation. nosaur bones in the world. S. 1679. A bill to amend the Internal This is an important clarification to Since the first discovery of Jurassic Revenue Code of 1986 to reduce the de- insure that distilled spirits that are era bones by the paleontologist Earl preciation recovery period for roof sys- aged for long periods of time—in some Douglass in 1909, and the subsequent tems; to the Committee on Finance. cases many years—do not face adverse proclamation as a national monument Mr. BUNNING. Mr. President, I rise tax consequences merely due to this in 1915 by President Woodrow Wilson, today to introduce the Realistic Roof- aging process. The clarification of this the Dinosaur National Monument has ing Tax Treatment Act of 2003 which inequity will aid many small distill- been a haven for both amateur and ex- would amend the Internal Revenue eries located in the United States by pert dinosaur enthusiasts. At present, Code to provide a more realistic depre- not forcing them to carry additional Dinosaur National Monument has more ciation schedule for commercial roofs. inventory costs over long periods of than 600,000 items in its museum col- In 1981, Congress eliminated compo- time. lection. Unfortunately, these items are nent depreciation and put into place a I urge my colleagues to support this currently stored in 17 different facili- general depreciation period of 15 years important legislation. ties throughout the park. Many of for all building components. In 1993, these resources are at risk due to the the recovery period for nonresidential By Mr. ROCKEFELLER: S. 1682. A bill to provide for a test failure of the scattered facilities to property was extended to 39 years in census of Americans residing abroad, meet minimum National Park Service order to raise revenue. The current 39- and to require that such individuals be storage standards. A new research and year depreciation period is not a real- included in the 2010 decennial census; curatorial facility is greatly needed to istic measure of the average life span bring the park’s collections up to to the Committee on Governmental Af- of a commercial roof. It is a disincen- fairs. standard and to ensure its protection. tive for building owners to replace non- The curatorial facility will also fill a Mr. ROCKEFELLER. Mr. President, performing roofs, because replacing today I want to introduce legislation critical role as a collection center for failing roofs more frequently than 39 to direct the Census Bureau to develop the park and partners’ fossil, archae- years means carrying the burden of a test census of Americans living ological, natural resource operations roofs that no longer exist on the books. abroad in 2004. The long-term goal is to and collections, and park archives. A study by Ducker Worldwide, a lead- develop methods to include Americans Moreover, in these days of limited ing industrial research firm, found the living overseas in our next decennial budgets, the decision to co-locate this current aggregate commercial roof life census in 2010. facility with the State’s museum will span is 17.45 years. Ducker estimates There are approximately 3 million to also save taxpayer dollars. The State of that a shortened depreciation schedule 6 million private American citizens liv- Utah is nearing completion of their will stimulate economic activity and ing and working overseas, and many of new Field House Museum at a cost to generate 30,000 new jobs in a two-year them continue to vote and pay taxes in the State of $6.5 million dollars. Be- period. I am particularly concerned the United States. These citizens help cause of the co-location, NPS staff, vis- that we help America’s manufacturers increase exports of American goods, be- iting scholars, interns and volunteers and this legislation will provide them cause they traditionally buy American, would have access to the State muse- immediate tax relief. It will also pro- sell American,and create business op- um’s space for exhibit, classroom, con- vide relief to America’s small busi- portunities for American companies ferencing, education, restrooms, public nesses, which find it more difficult to and workers. Their role in strength- access, parking, and other needs not in- absorb the impact of capital improve- ening the U.S. economy, creating jobs cluded in the curatorial facility. ment expenditures than larger entities. in the United States, and extending The 22,500 square foot facility will be Congressman FOLEY will shortly be U.S. influence around the globe is vital built outside the boundaries of the introducing similar legislation in the to the well-being of our Nation. park on land donated to the Park Serv- House of Representatives. I am pleased I believe that Americans abroad de- ice by the City of Vernal and Uintah that this proposal has the support of serve to be counted, and to achieve this County. The legislation will also per- the United Union of Roofers, goal we must begin with a test census mit the Park Service to accept the do- Waterproofers and Allied Workers, and next year. nation of the land, valued at approxi- I urge my colleagues to support this For many years, I have been proud to mately $1.5 million dollars. The Park important piece of legislation when it work on policies to ensure that Ameri- Service estimates the total cost of add- comes before the Senate. cans living abroad are treated fairly.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.037 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12195 By Mr. VOINOVICH: (2) has had appropriate training or experi- from helping their children become S. 1683. A bill to provide for a report ence to perform the work required by the as- successful members of the community. on the parity of pay and benefits signment; The Lippert family has given these among Federal law enforcement offi- (3) has had an overall rating of satisfactory children a chance to be part of a loving or higher on performance appraisals from the cers and to establish an exchange pro- employing agency during the 3-year period and permanent family, an opportunity gram between Federal law enforcement before being assigned to another agency they would otherwise not have had. employees and State and local law en- under this section; and But much remains to be done. While forcement employees; to the Com- (4) agrees to return to the employing agen- adoption incentives have helped states mittee on Governmental Affairs cy after completing the assignment for a pe- place a large number of children in Mr. VOINOVICH. Mr. President, I ask riod not less than the length of the assign- families, there are still thousands of unanimous consent that the text of the ment. children without such luck. The incen- (d) WRITTEN AGREEMENT.—An employee bill be printed in the RECORD. shall enter into a written agreement regard- tive program helps to promote the There being no objection, the bill was ing the terms and conditions of the assign- needs of children for whom it is chal- ordered to be printed in the RECORD, as ment before beginning the assignment with lenging to find an adoptive home. Take follows: another agency. for example, children over the age of 9. S. 1683 The probability that these children Be it enacted by the Senate and House of Rep- By Mr. GRASSLEY (for himself, will ever find a permanent home ex- resentatives of the United States of America in Ms. LANDRIEU, Mr. BUNNING, ceeds the probability they will be Congress assembled, Mr. ROCKEFELLER, Mr. CRAIG, adopted into a loving family. This leg- SECTION 1. SHORT TITLE. Mr. BAUCUS, Mr. DEWINE, Mr. islation adds an incentive for States to This Act may be cited as the ‘‘Federal Law LEVIN, Mr. INHOFE, Mr. NELSON increase the number of older children Enforcement Pay and Benefits Parity Act of of Nebraska, Mrs. LINCOLN, Mrs. adopted out of foster care. 2003’’. CLINTON, and Mr. JEFFORDS): Adoption is a positive life-changing SEC. 2. LAW ENFORCEMENT PAY AND BENEFITS S. 1686. A bill to reauthorize the PARITY REPORT. experience. My bill builds upon the adoption incentive payments program success of the Adoption and Safe Fami- (a) DEFINITION.—In this section, the term under part E of title IV of the Social ‘‘law enforcement officer’’ means an indi- lies Act of 1997. It recognizes these suc- Security Act, and for other purposes; vidual— cesses and continues to challenge (1)(A) who is a law enforcement officer de- to the Committee on Finance. States to remove children from foster Mr. GRASSLEY. Mr. President, Sen- fined under section 8331 or 8401 of title 5, care and place them with a permanent ator LANDRIEU, Senator BUNNING and I United States Code; or family. Adoptions give children a lov- are happy to introduce the Adoption (B) the duties of whose position include the ing home and families an opportunity investigation, apprehension, or detention of Promotion Act of 2003, a bill that to share their love with a child in need. individuals suspected or convicted of of- would extend and improve the Adop- I encourage the Senate to consider this fenses against the criminal laws of the tion and Safe Families Act of 1997. important piece of legislation and con- United States; and Across the country there are thousands (2) who is employed by the Federal Govern- tinue to reward States that are work- of children of all ages and needs who ment. ing to place children in permanent are waiting to be adopted into stable (b) REPORT.—Not later than April 30, 2004, homes. families. This legislation provides a re- the Office of Personnel Management shall I ask unanimous consent that the submit a report to the President of the Sen- ward to States that place an emphasis ate and the Speaker of the House of Rep- on finding loving homes for children text of the bill be printed in the resentatives and the appropriate committees who are in foster care. RECORD. and subcommittees of Congress that in- The Adoption and Safe Families Act There being no objection, the bill was cludes— of 1997 rewarded States with cash in- ordered to be printed in the RECORD, as (1) a comparison of classifications, pay, follows: and benefits among law enforcement officers centives for increasing the number of S. 1686 across the Federal Government; and adoptions of children in foster care, (2) recommendations for ensuring, to the concentrating on children with special Be it enacted by the Senate and House of Rep- maximum extent practicable, the elimi- needs. Adoption levels were on the rise resentatives of the United States of America in nation of disparities in classifications, pay before the introduction of this legisla- Congress assembled, and benefits for law enforcement officers tion, but grew even faster after imple- SECTION 1. SHORT TITLE. throughout the Federal Government. mentation of the program. Studies This Act may be cited as the ‘‘Adoption SEC. 3. EMPLOYEE EXCHANGE PROGRAM BE- project that an additional 34,000 chil- Promotion Act of 2003’’. TWEEN FEDERAL EMPLOYEES AND EMPLOYEES OF STATE AND LOCAL dren were adopted during the first 3 SEC. 2. FINDINGS. GOVERNMENTS. years of the program. Currently each of The Congress finds the following: (a) DEFINITIONS.—In this section— the 50 States, the District of Columbia, (1) In 1997, the Congress passed the Adop- (1) the term ‘‘employing agency’’ means and Puerto Rico have received incen- tion and Safe Families Act of 1997 to pro- the Federal, State, or local government tive payments from the increased num- mote comprehensive child welfare reform to agency with which the participating em- ber of adoptions. My home State of ensure that consideration of children’s safe- ty is paramount in child welfare decisions, ployee was employed before an assignment Iowa just received a payment of under the Program; and to provide a greater sense of urgency to (2) the term ‘‘participating employee’’ $524,000 because of its success in finding find every child a safe, permanent home. means an employee who is participating in children in foster care permanent (2) The Adoption and Safe Families Act of the Program; and homes. The results are clear, adoption 1997 also created the Adoption Incentives (3) the term ‘‘Program’’ means the em- incentives are working. program, which authorizes incentive pay- ployee exchange program established under There are many people in this coun- ments to States to promote adoptions, with subsection (b). try who have opened their arms to chil- additional incentives provided for the adop- (b) ESTABLISHMENT.—The President shall dren that do not fit the typical mold. tion of foster children with special needs. establish an employee exchange program be- The Lippert family of Council Bluffs, (3) Since 1997, all States, the District of Co- tween Federal agencies that perform law en- lumbia, and Puerto Rico have qualified for forcement functions and agencies of State IA is just one example. Over the last 25 incentive payments for their work in pro- and local governments that perform law en- years, they have adopted 16 children, in moting adoption of foster children. forcement functions. addition to their two biological chil- (4) Between 1997 and 2002, adoptions in- (c) CONDUCT OF PROGRAM.—The Program dren. Their doors are still open to chil- creased by 64 percent, and adoptions of chil- shall be conducted in accordance with sub- dren in need. Within the next 6 months dren with special needs increased by 63 per- chapter VI of chapter 33 of title 5, United their nest will become even larger; cent; however, 542,000 children remain in fos- States Code. they have three teenage girls who are ter care, and 126,000 are eligible for adoption. (d) QUALIFICATIONS.—An employee of an in the process of being adopted. All but (5) Although substantial progress has been employing agency who performs law enforce- made to promote adoptions, attention should ment functions may be selected to partici- one of these children have special be focused on promoting adoption of older pate in the Program if the employee— needs, ranging from emotional to phys- children. Recent data suggest that half of (1) has been employed by that employing ical disabilities. None of these chal- the children waiting to be adopted are age 9 agency for a period of more than 3 years; lenges have stopped the Lippert family or older.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.042 S30PT1 S12196 CONGRESSIONAL RECORD — SENATE September 30, 2003 SEC. 3. REAUTHORIZATION OF ADOPTION INCEN- number is the greatest in the period that be- SEC. 5. EFFECTIVE DATE. TIVE PAYMENTS PROGRAM. gins with fiscal year 2002 and ends with the The amendments made by this Act shall (a) IN GENERAL.—Section 473A of the Social fiscal year preceding that subsequent fiscal take effect on October 1, 2003. Security Act (42 U.S.C. 673b) is amended— year. Mr. ROCKEFELLER. Mr. President, I (1) in subsection (b)— ‘‘(6) OLDER CHILD ADOPTIONS.—The term (A) by striking paragraph (2) and inserting ‘older child adoptions’ means the final adop- am proud to join Senator GRASSLEY the following: tion of a child who has attained 9 years of and a bipartisan coalition in spon- ‘‘(2)(A) the number of foster child adop- age if— soring the Adoption Promotion Act of tions in the State during the fiscal year ex- ‘‘(A) at the time of the adoptive placement, 2003. This legislation will reauthorize ceeds the base number of foster child adop- the child was in foster care under the super- and expand on the adoption bonuses tions for the State for the fiscal year; or vision of the State; or created as part of the 1997 Adoption ‘‘(B) the number of older child adoptions in ‘‘(B) an adoption assistance agreement was and Safe Families Act. the State during the fiscal year exceeds the in effect under section 473 with respect to base number of older child adoptions for the the child.’’; The Adoption and Safe Families Act State for the fiscal year;’’. (5) in subsection (h)— stated clearly that a child’s health and (B) in paragraph (4), by striking ‘‘and 2002’’ (A) in paragraph (1)— safety are paramount, and that every and inserting ‘‘through 2007’’; and (i) in subparagraph (B), by striking ‘‘and’’; child deserves a permanent home. Key (C) in paragraph (5), by striking ‘‘2002’’ and (ii) in subparagraph (C), by striking the pe- policy changes were made to promote inserting ‘‘2007’’; riod and inserting ‘‘; and’’; and (2) in subsection (c), by striking paragraph permanency, including streamlining (iii) by adding at the end the following: the process and creating incentives for (2) and inserting the following: ‘‘(D) $43,000,000 for each of fiscal years 2004 ‘‘(2) DETERMINATION OF NUMBERS OF ADOP- through 2008.’’; and adoption. Since 1997, the number of TIONS BASED ON AFCARS DATA.—The Secretary (B) in paragraph (2)— adoptions from foster care increased by shall determine the numbers of foster child (i) by inserting ‘‘, or under any other law 64 percent, and the number of adop- adoptions, of special needs adoptions that for grants under subsection (a),’’ after ‘‘(1)’’; tions of children with special needs in- are not older child adoptions, and of older and creased by 63 percent. This is wonderful child adoptions in a State during each of fis- (ii) by striking ‘‘2003’’ and inserting ‘‘2008’’; news for the children and families. But cal years 2002 through 2007, for purposes of (6) in subsection (i)(4), by striking ‘‘1998 this section, on the basis of data meeting the over 500,000 children are still in foster through 2000’’ and inserting ‘‘2004 through care, and 126,000 of those children have requirements of the system established pur- 2006’’; and suant to section 479, as reported by the State (7) by striking subsection (j). adoption as a goal. and approved by the Secretary by August 1 (b) REPORT ON ADOPTION AND OTHER PERMA- This legislation would reauthorize of the succeeding fiscal year.’’; NENCY OPTIONS FOR CHILDREN IN FOSTER the existing adoption bonuses, and it (3) in subsection (d)(1)— CARE.—Not later than October 1, 2004, the (A) in subparagraph (A), by striking ‘‘and’’; would create a new bonus for children Secretary of Health and Human Services over the age of 9 who represent almost (B) in subparagraph (B)— shall submit to the Committee on Ways and (i) by inserting ‘‘that are not older child Means of the House of Representatives and half of the children waiting for adop- adoptions’’ after ‘‘adoptions’’ each place it the Committee on Finance of the Senate a tion. The Adoption Promotion Act is appears; and report on State efforts to promote adoption an important next step to improving (ii) by striking the period and inserting ‘‘; and other permanency options for children in our child welfare system. and’’; and foster care, with special emphasis on older In West Virginia, over 900 children (C) by adding at the end the following: children in foster care. In preparing this re- ‘‘(C) $4,000, multiplied by the amount (if port, the Secretary shall review State waiver have been adopted from the foster care any) by which the number of older child programs and consult with representatives system since enactment of the Adop- adoptions in the State during the fiscal year from State governments, public and private tion and Safe Families Act. This is exceeds the base number of older child adop- child welfare agencies, and child advocacy good news for the children and fami- tions for the State for the fiscal year.’’; organizations to identify promising ap- lies, but many more children in my (4) in subsection (g)— proaches. State and across the country are wait- (A) in paragraph (3), by striking subpara- SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR ing for a safe, permanent home. graphs (A) and (B) and inserting the fol- FAILURE TO SUBMIT AFCARS RE- lowing: PORT. Adoption is a wonderful event that ‘‘(A) with respect to fiscal year 2003, the Section 474 of the Social Security Act (42 changes a child’s life and creates a spe- number of foster child adoptions in the State U.S.C. 674) is amended by adding at the end cial family. Today, in addition to in- in fiscal year 2002; and the following: troducing this legislation, the Congres- ‘‘(B) with respect to any subsequent fiscal ‘‘(f)(1) If the Secretary finds that a State sional Adoption Caucus will celebrate year, the number of foster child adoptions in has failed to submit to the Secretary data, as required by regulation, for the data col- its Angels in Adoption Award, includ- the State in the fiscal year for which the ing an award to a very special West number is the greatest in the period that be- lection system implemented under section gins with fiscal year 2002 and ends with the 479, the Secretary shall, within 30 days after Virginian, Millie Mairs, who has fiscal year preceding that subsequent fiscal the date by which the data was due to be so worked on adoption issues in my State submitted, notify the State of the failure year.’’; for almost 30 years at the West Vir- and that payments to the State under this (B) in paragraph (4)— ginia Children’s Home Society. Her part will be reduced if the State fails to sub- (i) in the paragraph heading, by inserting mit the data, as so required, within 6 months work has helped to change many lives. ‘‘THAT ARE NOT OLDER CHILD ADOPTIONS’’ after after the date the data was originally due to This legislation is key, but it is only ‘‘ADOPTIONS’’; and be so submitted. part of the puzzle to improving our fos- (ii) by striking subparagraphs (A) and (B) ‘‘(2) If the Secretary finds that the State and inserting the following: ter care system which, according to the has failed to submit the data, as so required, findings of the Child and Family Serv- ‘‘(A) with respect to fiscal year 2003, the by the end of the 6-month period referred to number of special needs adoptions that are in paragraph (1) of this subsection, then, not- ice Reviews, needs to be strengthened. not older child adoptions in the State in fis- withstanding subsection (a) of this section As more children move into adoption, cal year 2002; and and any regulations promulgated under sec- especially older children, we must be- ‘‘(B) with respect to any subsequent fiscal tion 1123A(b)(3), the Secretary shall reduce come more aware and respond to the year, the number of special needs adoptions the amounts otherwise payable to the State needs for post-adoption services. I hope that are not older child adoptions in the under this part, for each quarter ending in that future action on child welfare re- State in the fiscal year for which the number the 6-month period (and each quarter ending is the greatest in the period that begins with in each subsequent consecutively occurring form will be bipartisan, like the Adop- fiscal year 2002 and ends with the fiscal year 6-month period until the Secretary finds tion Promotion Act. It is encouraging preceding that subsequent fiscal year.’’; and that the State has submitted the data, as so to know that the Pew Commission on (C) by adding at the end the following: required), by— Children in Foster Care is working to ‘‘(5) BASE NUMBER OF OLDER CHILD ADOP- ‘‘(A) 1⁄6 of 1 percent of the total amount ex- develop recommendations regarding TIONS.—The term ‘base number of older child pended by the State for administration of child welfare financing and the role of adoptions for a State’ means— foster care activities under the State plan the courts in child welfare policy. ‘‘(A) with respect to fiscal year 2003, the approved under this part in the quarter so Hopefully, these recommendations can number of older child adoptions in the State ending, in the case of the 1st 6-month period in fiscal year 2002; and during which the failure continues; or help forge bipartisan consensus for fu- ‘‘(B) with respect to any subsequent fiscal ‘‘(B) 1⁄4 of 1 percent of the total amount so ture changes that will enhance the year, the number of older child adoptions in expended, in the case of the 2nd or any subse- lives of our most vulnerable children, the State in the fiscal year for which the quent such 6-month period.’’. those in foster care.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.046 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12197 Mr. INHOFE. Mr. President, I rise cial needs payment would be limited panded two important provisions which today to join my colleagues in intro- only to adoptions of special needs chil- provide tax relief for adoptive families. ducing this bill to reauthorize the dren who are under age 9 at the time The 2001 tax bill ensured that neither Adoption Incentives Program. the adoption is finalized. adoption tax credit, nor the exclusion The Adoption Incentives Program Senator BUNNING, as you well know, from income for qualified employer- was created in 1997 as a part of the our bill would create a third incentive paid adoption expenses expired. In ad- Adoption and Safe Families Act to en- payment, for each increased adoption dition, the amount of each of these courage and expedite adoptions for of all children in foster care who are benefits was doubled—i.e., from $5,000 children in foster care. age 9 or older at the time of adoption. to $10,000 per qualifying child. Finally, Under the current program, States This is important because children in the case of special needs adoptions, are given incentive payments for in- over the age of nine are less likely to Congress eliminated expense reporting creased adoptions of all foster children, find a permanent adoptive home. In requirements thus ensuring that the as well as for adoptions of children fact, the probability that these chil- families who take special needs chil- with special needs. This reauthoriza- dren never find a permanent home ex- dren into their homes receive the max- tion bill will continue that program, ceeds the probability they will be imum relief possible under these provi- while offering new, targeted incentives adopted into a loving family. sions, while minimizing their adminis- for adoptions of older children. Mr. BUNNING. I am pleased that we trative burdens. There is an overwhelming need for are continuing the bonuses for States Mr. BUNNING. I certainly agree with adoption of foster children. Over 550,000 that increase the number of adoptions you that the adoption tax credits are children are currently languishing in each year, along with keeping the addi- good policy, and I am very familiar with them. In fact, back in 1996, I foster care in the United States. Of this tional incentive for adoptions of spe- worked as a Member of the Ways and number, more than 165,000 are children cial needs children and providing a new Means Committee to pass the original who will never be adopted. incentive for States to focus on the legislation providing for the tax credits Only half of the children in foster adoptions of older children. to help families afford to adopt chil- care graduate from high school and I am proud to say that Kentucky has dren. We finally got this credit passed only 11 percent of that number go to also done fairly well under the Adop- as part of the Small Business Job Pro- college. Within 1 year of leaving foster tion Incentive Program over the years, tection Act which passed over seven care, 49 percent of these young people and I am glad we are continuing the years ago. I was very supportive of the are unemployed and within 3 years of program. From 1998 to 2001, Kentucky provisions in the 2001 tax bill to expand leaving foster care, up to 45 percent received $1.6 million adoption incen- these credits, but would like to take have been arrested and almost 75 per- tives. For 2002, the Department of them one step further. cent have been arrested at least once. Health and Human Services recently Within the next couple of weeks, I Providing these children with a per- announced that my State will receive will be introducing legislation to make manent, stable family helps them be- $204,000 in adoption incentives. these tax credits permanent. If we come successful, contributing members Mr. GRASSLEY. My home State of don’t eliminate the sunset which was of society. I am proud to lend my sup- Iowa and its child welfare program has built into the tax bill, then the current port to this important legislation that also benefited from this program. Last maximum credit of $10,000 will be re- will help give these young people a year, Iowa received a payment of duced back down to $5,000 in 2010. To home. $524,000 because of its success in finding me, this seems like a common-sense Mr. BUNNING. Mr. President, I children in foster care, permanent change that needs to be made. would like the opportunity to talk for homes. Our States’ successes under- I introduced a similar bill in the a few minutes with my colleague from score the results of this program; adop- 107th Congress, and I am hopeful that Iowa about the important role of adop- tion incentives are working. we can get this bill passed before the tion and foster care. Today, I am proud Mr. BUNNING. I am sure the Senator end of the 108th Congress. to be supporting legislation that the from Iowa will agree with me that we Mr. GRASSLEY. I look forward to Senator from Iowa is introducing to re- need to make it as easy as possible for working with you on this issue in the authorize the Adoption Incentive Pro- loving families to either adopt or be- near future. gram. This is an important program come foster parents for children in Mr. BUNNING. Finally, I would like that encourages States to do all they need. There is nothing more special to say a few words about the impor- can to find permanent homes for chil- than a family opening up their home to tance of promoting interracial adop- dren in foster care. a child and providing a safe and sup- tions. In the past, many times there Mr. GRASSLEY. I appreciate that portive environment. This is why I were barriers to families adopting mi- the Senator from Kentucky has worked have worked on adoption and foster nority children. This isn’t fair to the so hard with me on the reauthorization care issues for so long in Congress. family or the child. That is why in 1996, of the Adoption Incentive Program. I In fact, last year I was pleased that I pushed for legislation stopping dis- also appreciate the lead the Senator one of my foster care initiatives was crimination against minority children took several months ago when he in- passed as part of the 2002 economic in order to make it easier for them to troduced the original legislation to re- stimulus bill. Many families who take move from foster care into a loving, authorize this program, which was in foster care children receive stipends permanent home. All of these initiatives are designed based on the administration’s proposal. from the placement agency which helps to help find permanent or temporary This was an important step to help get pay for food, clothes and other ex- homes for our Nation’s children. the ball rolling on this program’s reau- penses. Today, we are taking another impor- thorization. In the past, some of these stipends tant step by reauthorizing the Adop- Our legislation builds upon the Adop- were tax-free for families, while others tion Incentive Program, and I hope tion Incentive Program created in the were taxable. I didn’t feel that was fair, that we can get this bill through the Adoption and Safe Family Act of 1997. so my provision made all stipends that Senate and onto the President’s desk This bill sets the authorization level foster care families receive to be tax soon. for this program at $43 million for each free. This provision corrected an incon- Mr. GRASSLEY. It is also my hope of fiscal year 2004 through fiscal year sistency in the tax code that unfairly that we can get this bipartisan bill 2008. Through this legislation, States punished foster care families and the through Congress and allow it to be- would continue to be rewarded for all children for whom they care, and I was come law. I would like to thank you, increased adoptions of children in fos- happy we could finally correct this Senator BUNNING, and the other mem- ter care. problem. bers of the Senate who have worked so States that earn incentive payments Mr. GRASSLEY. In the recent past, hard on this legislation. for increased adoptions of foster chil- Congress has also taken some positive dren would also continue to be re- steps to promote adoption through tax By Mr. BINGAMAN (for himself, warded for increased adoptions of spe- credit. In 2001, as chairman of the Fi- Ms. CANTWELL, and Mrs. MUR- cial needs children. However, the spe- nance Committee, I extended and ex- RAY):

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.047 S30PT1 S12198 CONGRESSIONAL RECORD — SENATE September 30, 2003 S. 1687. A bill to direct the Secretary obligation to preserve and interpret S. 1687 of the Interior to conduct a study on this history abundantly clear, it makes Be it enacted by the Senate and House of Rep- the preservation and interpretation of it equally challenging. The greatest resentatives of the United States of America in the historic sites of the Manhattan challenge has been—and will continue Congress assembled, Project for potential inclusion in the to be—interpreting this history in a SECTION 1. SHORT TITLE. National Park System; to the Com- This Act may be cited as the ‘‘Manhattan sensitive and balanced way. This Na- Project National Historical Park Study Act mittee on Energy and Natural Re- tion is blessed with historic assets that of 2003’’. sources. praise the best of humanity and some SEC. 2. FINDINGS. Mr. BINGAMAN. Mr. President, I rise that mourn the worst, some that grace Congress finds that— to introduce the Manhattan Project us with glory and some that humble us (1) the Manhattan Project, the World War National Historical Park Study Act. with anguish, some that impress us II effort to develop and construct the world’s This bill authorizes the National Park with brilliance and some that embar- first atomic bomb, represents an extraor- Service, in coordination with the Sec- rass us with senselessness, some that dinary era of American and world history retaries of Energy and Defense, to un- that— manifest beginnings and some that (A) included remarkable achievements in dertake a special resource study to as- mark ends, some that inspire us with sess the national significance, suit- science and engineering made possible by in- awe and some that fascinate us with novative partnerships among Federal agen- ability, and feasibility of designating curiosities, and some that grip us with cies, universities, and private industries; and various Manhattan Project sites and the fear of destruction and some that (B) culminated in a transformation of the their facilities as a National Historical give us the hope of creation. But I global society by ushering in the atomic age; Park. Specifically, the study will don’t know of any others that chal- (2) the Manhattan Project was an unprece- evaluate the historic significance of dented $2,200,000,000, 3-year, top-secret effort lenge us with legitimate passions for the Manhattan Project facilities of Los that employed approximately 130,000 men all of these. Alamos and the Trinity Site in the and women at its peak; State of New Mexico, of the Hanford Preserving and interpreting this his- (3) the Manhattan Project sites contain tory also includes the challenge of re- historic resources that are crucial for the in- Site in the State of Washington, and of terpretation of the Manhattan Project, in- Oak Ridge in the State of Tennessee. I specting the ongoing missions and re- sponsibilities of the Department of En- cluding facilities in— am pleased that my distinguished col- (A) Oak Ridge, Tennessee (where the first leagues from the States of Washington, ergy and the Department of Defense at uranium enrichment facilities and pilot- Senators CANTWELL and MURRAY, are the Manhattan Project sites. Access to scale nuclear reactor were built); cosponsoring this bill. some of the historic facilities must be (B) Hanford, Washington (where the first The significance of the Manhattan restricted—to some prohibited—and large-scale reactor for producing plutonium Project to this Nation—and indeed the other precautions also may be nec- was built); World—would be difficult to overstate. essary. The Departments of Energy and (C) Los Alamos, New Mexico (where the Defense have begun to take on these atomic bombs were designed and built); and The project was initiated as a des- (D) Trinity Site, New Mexico (where the perate effort in the middle of World challenges, and they deserve much explosion of the first nuclear device took War II to beat Nazi Germany to the credit for doing so. The Bradbury Mu- place); construction of the first nuclear bomb. seum in Los Alamos is a good example, (4) the Secretary of the Interior has recog- The effort was of a magnitude and in- as are the biannual tours of the Trinity nized the national significance in American tensity not seen before or since: in a Site on White Sands Missile Range. history of Manhattan Project facilities in mere three years, 130,000 men and They have recognized that preserving the study area by— women went to work on a $2.2 billion this history offers great opportunities (A) designating the Los Alamos Scientific Laboratory in the State of New Mexico as a mission that furiously pushed science, not only for the public, but for their National Historic Landmark in 1965 and add- technology, engineering, and society employees. Employees who better ap- ing the Laboratory to the National Register into a new age. preciate this history will be more like- of Historic Places in 1966; The magnitude of the effort is easily ly to appreciate their careers, and they (B) designating the Trinity Site on the matched by its legacy. This legacy in- certainly will appreciate the boost in- White Sands Missile Range in the State of cludes an ending to the Second World terested tourists give to their local New Mexico as a National Historic Land- War, as well as the foundation for nu- economies. mark in 1965 and adding the Site to the Na- clear medicine and great advances in tional Register of Historic Places in 1966; This bill asks the question whether (C) designating the X-10 Graphite Reactor physics, mathematics, engineering, and we will do better to preserve and inter- at the Oak Ridge National Laboratory in the technology. A number of scholars have pret the important history of the Man- State of Tennessee as a National Historic argued that it also includes a dramatic hattan Project by unifying and pro- Landmark in 1965 and adding the Reactor to change to a sustained era of relative moting the various efforts at these the National Register of Historic Places in world peace. But this legacy also in- sites as a National Historical Park. It 1966; cludes the deaths of hundreds of thou- is appropriate that our Nation’s leader (D) adding the Oak Ridge Historic District to the National Register of Historic Places sands of Japanese, and the sacrifices of in historic preservation and interpreta- the homesteaders that were forced off in 1991; tion—the National Park Service—lead (E) adding the B Reactor at the Hanford of the sites to make way for the the effort to answer this question. In Site in the State of Washington to the Na- project, its thousands of workers and doing so, they will consult with the tional Register of Historic Places in 1992; and their families, and the uranium miners, Secretaries of Energy and Defense, as (F) by adding the Oak Ridge Turnpike, ‘‘down-winders’’, and others. This leg- well as State, tribal, and local officials, Bear Creek Road, and Bethel Valley Road acy has been the subject of hot debate and representatives of interested orga- Checking Stations in the State of Tennessee to the National Register of Historic Places for decades, and this debate continues nizations and members of the public. today—as it must. in 1992; The Park Service’s expertise, experi- (5) the Hanford Site has been nominated by There are historic facilities at the ence, and enthusiasm is critical to the four Manhattan Project sites that are the Richland Operations Office of the De- endeavor. partment of Energy and the Washington absolutely essential resources for in- State Historic Preservation Office for addi- forming this important debate, and In asking this question we are nei- ther celebrating the Manhattan tion to the National Register of Historic there should be no question that they Places; are of great national and international Project nor lamenting it. But we are (6) a panel of experts convened by the Advi- significance. Pulitzer Prize-winning recognizing our responsibility to soci- sory Council on Historic Preservation in 2001 Manhattan Project author Richard ety to ensure it is neither forgotten reported that the development and use of the Rhodes has said that ‘‘the discovery of nor misunderstood. atomic bomb during World War II has been how to release nuclear energy was ar- I ask unanimous consent that the called ‘‘the single most significant event of text of the bill be printed in the the 20th century’’ and recommended that guably the most important human dis- various sites be formally established ‘‘as a RECORD. covery since fire—reason enough to collective unit administered for preserva- preserve its remarkable history.’’ There being no objection, the bill was tion, commemoration, and public interpreta- But while the enormous significance ordered to be printed in the RECORD, as tion in cooperation with the National Park of the Manhattan Project makes our follows: Service’’;

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.048 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12199 (7) the Advisory Council on Historic Pres- tory. I believe it is tremendously im- from the Columbia River, which first ervation reported in 2001 that the preserva- portant for the citizens of our Nation had to be treated, was pumped through tion and interpretation of the historic sites to learn about the important functions the aluminum tubes at 75,000 gallons of the Manhattan Project offer significant the various Manhattan Project sites per minute. Water consumption ap- value as destinations for domestic and inter- national tourists; and served in defending our Nation, from proached that of a city with a popu- (8) preservation and interpretation of the World War II through the cold war, and lation of 300,000. The B reactor was one Manhattan Project historic sites are nec- to recognize and understand the com- of three reactors that had its own aux- essary for present and future generations to plicated and weighty issues arising iliary facilities that included a river fully appreciate the extraordinary under- from the production and use of nuclear pump house, large storage and settling taking and complex consequences of the weapons, their impact on world history basins, a filtration plant, huge motor- Manhattan Project. as well as their human and environ- driven pumps for delivering the water, SEC. 3. DEFINITIONS. mental costs. and facilities for emergency cooling in In this Act: In January of 1943, Hanford, WA was case of a power failure. It was the first (1) SECRETARY.—The term ‘‘Secretary’’ selected by the War Department to means the Secretary of the Interior. of an eventual nine nuclear reactors (2) STUDY.—The term ‘‘study’’ means the serve as a part of President Franklin that remain on the banks of the Co- study authorized by section 4(a). Delano Roosevelt’s Manhattan Project lumbia River—a potent reminder of (3) STUDY AREA.—The term ‘‘study area’’ plan. The site was selected for several both the war effort and the environ- means the following Manhattan Project reasons: It was remotely located from mental burden with which we must sites: population centers, which fostered se- contend. (A) Los Alamos National Laboratory and curity and safety; the Columbia River The people of Washington State, and townsite in the State of New Mexico. provided plenty of water to cool the re- especially the residents of the tri-cit- (B) The Trinity Site on the White Sands actors; and cheap and abundant elec- Missile Range in the State of New Mexico. ies, are proud of their contributions to (C) The Hanford Site in the State of Wash- tricity was available from nearby Fed- the World War II and cold war efforts. ington. eral dams. We are left with these irreplaceable (D) Oak Ridge Laboratory in the State of The history of this era is a com- relics of the Manhattan Project—such Tennessee. plicated one—as farmers and tribes as the B reactor—which are incredibly (E) Other significant sites relating to the were displaced, given 30 days to move important in understanding the engi- Manhattan Project determined by the Sec- from their homes in central Wash- neering achievements that propelled retary to be appropriate for inclusion in the ington. By March 1943, construction this country into the nuclear age, with study. had started on the site, which covers all of the complicated moral issues it SEC. 4. SPECIAL RESOURCE STUDY. about 625 square miles. At the time, poses for the possessors of such tech- (a) STUDY.— the priority facility on the Hanford (1) IN GENERAL.—The Secretary shall con- nology. As the Department of Energy duct a special resource study of the study Reservation was the B reactor. Built in continues its work to clean up the Han- area to assess the national significance, suit- just 11 months as American scientists ford site, the country’s most contami- ability, and feasibility of designating the and their allies engaged in what was nated nuclear reservation, it is impor- various historic sites and structures of the then perceived as a race with the Ger- tant that we also honor the achieve- study area as a unit of the National Park mans to develop nuclear capability, B ments of the important work done System in accordance with section 8(c) of reactor was the world’s first large-scale here, as well as commemorate the tre- Public Law 91–383 (16 U.S.C. 1a–5(c)). plutonium production reactor. mendous sacrifices made by workers, (2) ADMINISTRATION.—In conducting the The need for labor for the project displaced families and tribes, and this study, the Secretary shall— turned Hanford into an atomic boom- (A) consult with the Secretary of Energy, era’s environmental legacy. the Secretary of Defense, State, tribal, and town, with the population reaching There is already strong support in local officials, representatives of interested 50,000 by the summer of 1944. Workers the communities that surround Han- organizations, and members of the public; at the sprawling Hanford complex were ford for preserving the history of the and not even sure of what they were pro- Manhattan Project, and I would like to (B) evaluate, in coordination with the Sec- ducing, and tales of German rockets commend the B reactor Museum Asso- retary of Energy and the Secretary of De- used during battles led many workers ciation and Bechtel Hanford, Inc. for fense, the compatibility of designating the to believe they were producing rocket all this work to date. In recent years, study area, or 1 or more parts of the study fuel. In fact, this secrecy continued area, as a national historical park or na- they have worked hard to decontami- tional historic site with maintaining secu- even after the atomic bombs were nate, clean, inventory, and spruce up B rity, productivity and management goals of dropped. One worker recalled that reactor’s interior so that people can the Department of Energy and the Depart- many children who lived in the area walk in to see three chambers. But ment of Defense, and public health and safe- didn’t even know what their parent more work needs to be done if we want ty. who worked at Hanford did on the job. to preserve the reactor for future gen- (b) REPORT.—Not later than 1 year after Clearly, the B reactor at Hanford erations, which must learn about the the date on which funds are made available made significant contributions to U.S. Manhattan Project and its impact on to carry out the study, the Secretary shall defense policies during its production submit to Congress a report that describes world history. the findings of the study and any conclusions run, from 1944 through 1968. Plutonium One such way to do that is to look and recommendations of the Secretary. from the B reactor was used in the into the possibility of adding the B re- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. world’s first nuclear explosion, called actor as well as Manhattan Project There are authorized to be appropriated the Trinity Test, in New Mexico on sites in other parts of the country as a such sums as are necessary to carry out this July 16, 1945. B reactor plutonium was new National Park unit. Act. also used in the ‘‘Fat Man’’ bomb I look forward to working with my Ms. CANTWELL. Mr. President, I dropped on Nagasaki, Japan on August colleagues to ensure passage of this rise today as a cosponsor, along with 9, 1945. The blast devastated more than bill, as the study it authorizes is a my colleagues, Senators BINGAMAN and two square miles of the city, effec- much-needed first step in determining MURRAY of the Manhattan Project Na- tively ending World War II. The B reac- the best options for preserving this im- tional Historical Park Study Act. tor also produced plutonium for the portant piece of American history. This bill authorizes a special re- cold war efforts until 1968. source study to determine the suit- The B reactor is simply a stunning By Mr. ROCKEFELLER: ability and feasibility of developing a feat of engineering. Built in less than a S. 1688. A bill to amend the Internal national park site at one or more of year, the reactor consisted of a 1,200- Revenue Code of 1986 to repeal the ex- the facilities that playing a major role ton graphite cylinder lying on its side, clusion for extraterritorial income and in the Manhattan Project—the Federal which was penetrated through its en- provide for a deduction relating to in- Government’s top-secret effort during tire length horizontally by over 2,000 come attributable to United States World War II to develop nuclear weap- aluminum tubes. Two hundred tons of production activities, and for other ons before its opponents, an initiative uranium slugs the size of rolls of quar- purposes; to the Committee on Fi- that changed the course of world his- ters went into the tubes. Cooling water nance.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.063 S30PT1 S12200 CONGRESSIONAL RECORD — SENATE September 30, 2003 Mr. ROCKEFELLER. Mr. President, I will help companies that employ Amer- exporters, to demonstrate that the im- would like to draw your attention to a icans compete in the global market- porter was in no way reimbursed for few very troubling statistics. Manufac- place. any AD/CVD duties paid. There are cer- turing employment in the United In addition, this bill includes a tax tainly other changes we should con- States has now fallen to its lowest credit to employers to encourage them sider to update our trade remedy laws. level in 41 years. In the last five years, to retain their retiree health insurance These provisions are by no means an we have lost 16 percent of all our fac- coverage. As you know, employers and exhaustive list of needed reforms. But tory jobs. In the last 2 years alone we other health plan sponsors continue to we do need to get the debate started, have lost approximately 2.5 million restructure how they provide health and I offer this bill as a way to re-ener- manufacturing jobs. care benefits for both workers and re- gize the debate. These are frightening statistics. tirees. The percent of employers offer- The SAFE Act addresses several of They ought to jolt every Member of the ing retiree health benefits has declined the most dire needs of our manufac- Senate and prompt an urgent call for substantially over the past 15 years. turing companies. It improves our action. A vibrant manufacturing base Two-thirds of all firms with 200 or trade laws, helps with the burden of re- is essential to our standard of living. more workers sponsored retiree cov- tiree health care costs, and effectively For generations, factory jobs have been erage 15 years ago. According to the lowers the corporate tax rate on manu- the path to the middle class, providing most recent data, only 38 percent of facturing activities. This package of good wages, health insurance, and pen- such employers provide retiree benefits reforms is an effective plan to stem the sion benefits. Advances in manufac- today. Despite these reductions, the flow of good manufacturing jobs over- turing technology accounts for most of employer-sponsored health care system seas. If we are serious about revital- our economy’s increased productivity. is the largest source of health care cov- izing our economy and maintaining our And every dollar spent on finished erage in this country today. The SAFE standard of living, we must act quickly manufactured goods is estimated to Act would provide employers with a to shore up our manufacturing base. I produce $2.43 of economic activity. tax credit to cover 75 percent of the hope that my colleagues will join me in Simply put, we cannot become a serv- costs associated with providing health this effort. ice-only economy and expect to main- care coverage to their retirees in order I ask that the text of my legislation tain our high standard of living. We to protect existing coverage and re- be printed in the RECORD. ought to act swiftly to ensure that verse the current trend. There being no objection, the bill was Americans still produce steel and com- Finally, my legislation would ordered to be printed in the RECORD, as puters and cars and pharmaceuticals. strengthen our trade protections. Our follows: We ought not be timid in the face of antidumping and countervailing duty S. 1688 the devastating statistics I cited. (AD/CVD) trade law are often the first Be it enacted by the Senate and House of Rep- Piecemeal efforts will not revitalize and last time of defense for U.S. indus- resentatives of the United States of America in our industrial base. Therefore, today I tries injured by unfairly or illegally Congress assembled, am introducing the Securing America’s traded imports. These laws are abso- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 Factory Employment (SAFE) Act. This lutely essential to the survival of our CODE. bill will offer relief to American manu- manufacturing sector in an increas- (a) SHORT TITLE.—This Act may be cited as facturers on several fronts. First, my ingly global market—but some of their the ‘‘Securing American Factory Employ- ment (SAFE) Act’’. legislation would provide a tax deduc- provisions have become antiquated by (b) AMENDMENT OF 1986 CODE.—Except as tion to any company that offers manu- recent changes in our global economy otherwise expressly provided, whenever in facturing jobs in the United States. and the new structure of international this Act an amendment or repeal is ex- Second, this bill helps companies cover trade. The Americans steel crisis has pressed in terms of an amendment to, or re- the cost of providing health care for re- made it clear that these trade laws peal of, a section or other provision, the ref- tirees, a crippling obligation for many need to be strengthened. Companies, erence shall be considered to be made to a of our once proud industries. And third, workers, families and communities section or other provision of the Internal I propose that we strengthen our trade rely heavily on these laws to prevent Revenue Code of 1986. laws to ensure that they offer the pro- the ill-effects of unfair trade. Our anti- TITLE I—PROVISIONS RELATING TO RE- tections that our domestic industries dumping and countervailing duty laws PEAL OF EXCLUSION FOR EXTRATERRITORIAL INCOME deserve from unfair and illegal trade need to be updated and amended so SEC. 101. REPEAL OF EXCLUSION FOR practices. they work as intended, and as per- EXTRATERRITORIAL INCOME. Let me take a moment to explain in mitted, under the rules of inter- (a) IN GENERAL.—Section 114 is hereby re- greater detail how these proposals can national trade. pealed. help our domestic manufacturing base. For example, the SAFE Act includes (b) CONFORMING AMENDMENTS.— This Congress is compelled to repeal a provision that allows us to consider (1)(A) Subpart E of part III of subchapter N the Foreign Sales Corporation/ whether or not an industry is vulner- of chapter 1 (relating to qualifying foreign Extraterritorial Income provisions of able to the effects of imports in mak- trade income) is hereby repealed. the U.S. Tax Code in order to avoid $4 ing antidumping and countervailing (B) The table of subparts for such part III is amended by striking the item relating to billion in trade sanctions authorized by duty determinations. Another provi- subpart E. the World Trade Organization. Regard- sion in this bill will make it tougher (2) The table of sections for part III of sub- less of my opinion of the WTO’s deci- for our trading partners to circumvent chapter B of chapter 1 is amended by strik- sion in this matter, I recognize that it antidumping or countervailing duty or- ing the item relating to section 114. may be that to protect our economy ders by clarifying that AD/CVD orders (3) The second sentence of section from a trade war we must update our include products that have been 56(g)(4)(B)(i) is amended by striking ‘‘or Tax Code. We can do so and still en- changed in only very minor respects. under section 114’’. courage manufacturing by reducing the This will help prevent foreign nations (4) Section 275(a) is amended— (A) by inserting ‘‘or’’ at the end of para- overall effective corporate income tax from making slight alterations to prod- graph (4)(A), by striking ‘‘or’’ at the end of rate on domestic manufacturing. ucts that they are exporting to us to in paragraph (4)(B) and inserting a period, and The SAFE Act provides a 9-percent order to skirt existing AD/CVD orders. by striking subparagraph (C), and deduction for profits derived from man- Another clear problem under our cur- (B) by striking the last sentence. ufacturing activities in the United rent trade laws is that foreign pro- (5) Paragraph (3) of section 864(e) is amend- States; this is the equivalent of low- ducers and exporters of subject mer- ed— ering the corporate income tax rate chandise may avoid AD/CVD duties by (A) by striking: from 35 percent to 32 percent for the using complex schemes that mask pay- ‘‘(3) TAX-EXEMPT ASSETS NOT TAKEN INTO portion of profits that can be directly ment of countervailing duties resulting ACCOUNT.— ‘‘(A) IN GENERAL.—For purposes of’’; and linked to U.S. factories, mining oper- in the understatement of duty rates. inserting: ations, and the like. This straight- My legislation would restrict such ‘‘(3) TAX-EXEMPT ASSETS NOT TAKEN INTO forward tax break will lower the cost of practices by requiring the importer, if ACCOUNT.—For purposes of’’, and doing business in the United States and affiliated with the foreign producers or (B) by striking subparagraph (B).

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.059 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12201 (6) Section 903 is amended by striking ‘‘114, The phaseout SEC. 102. DEDUCTION RELATING TO INCOME AT- 164(a),’’ and inserting ‘‘164(a)’’. Years: percentage is: TRIBUTABLE TO UNITED STATES PRODUCTION ACTIVITIES. (7) Section 999(c)(1) is amended by striking 2004 ...... 80 (a) IN GENERAL.—Part VI of subchapter B ‘‘941(a)(5),’’. 2005 ...... 80 (c) EFFECTIVE DATE.— of chapter 1 (relating to itemized deductions (1) IN GENERAL.—The amendments made by 2006 ...... 60. for individuals and corporations) is amended by adding at the end the following new sec- this section shall apply to transactions oc- (ii) SPECIAL RULE FOR 2003.—The phaseout curring after the date of the enactment of percentage for 2003 shall be the amount that tion: this Act. bears the same ratio to 100 percent as the ‘‘SEC. 199. INCOME ATTRIBUTABLE TO DOMESTIC (2) BINDING CONTRACTS.—The amendments number of days after the date of the enact- PRODUCTION ACTIVITIES. ‘‘(a) IN GENERAL.—There shall be allowed made by this section shall not apply to any ment of this Act bears to 365. transaction in the ordinary course of a trade as a deduction an amount equal to 9 percent (iii) SPECIAL RULE FOR FISCAL YEAR TAX- or business which occurs pursuant to a bind- of the qualified production activities income PAYERS.—In the case of a taxpayer not using ing contract— of the taxpayer for the taxable year. the calendar year as its taxable year, the (A) which is between the taxpayer and a ‘‘(b) PHASEIN.—In the case of taxable years phaseout percentage is the weighted average person who is not a related person (as de- beginning in 2004, 2005, 2006, 2007, or 2008, sub- of the phaseout percentages determined fined in section 943(b)(3) of such Code, as in section (a) shall be applied by substituting under the preceding provisions of this para- effect on the day before the date of the en- for the ‘9 percent’ the transition percentage graph with respect to calendar years any actment of this Act), and determined under the following table: (B) which is in effect on September 17, 2003, portion of which is included in the tax- ‘‘Taxable years The transition and at all times thereafter. payer’s taxable year. The weighted average beginning in: percentage is: (d) REVOCATION OF SECTION 943(e) ELEC- shall be determined on the basis of the re- 2004 ...... 1 TIONS.— spective portions of the taxable year in each 2005 ...... 2 (1) IN GENERAL.—In the case of a corpora- calendar year. 2006 ...... 3 tion that elected to be treated as a domestic (4) BASE PERIOD AMOUNT.—For purposes of 2007 or 2008 ...... 6. corporation under section 943(e) of the Inter- this subsection, the base period amount is ‘‘(c) QUALIFIED PRODUCTION ACTIVITIES IN- nal Revenue Code of 1986 (as in effect on the the aggregate FSC/ETI benefits for the tax- COME.—For purposes of this section, the term day before the date of the enactment of this payer’s taxable year beginning in calendar ‘qualified production activities income’ Act)— year 2002. means an amount equal to the portion of the (A) the corporation may, during the 1-year (5) FSC/ETI BENEFIT.—For purposes of this modified taxable income of the taxpayer period beginning on the date of the enact- subsection, the term ‘‘FSC/ETI benefit’’ which is attributable to domestic production ment of this Act, revoke such election, effec- means— activities. tive as of such date of enactment, and ‘‘(d) DETERMINATION OF INCOME ATTRIB- (A) amounts excludable from gross income (B) if the corporation does revoke such UTABLE TO DOMESTIC PRODUCTION ACTIVI- election— under section 114 of such Code, and TIES.—For purposes of this section— (i) such corporation shall be treated as a (B) the exempt foreign trade income of re- ‘‘(1) IN GENERAL.—The portion of the modi- domestic corporation transferring (as of such lated foreign sales corporations from prop- fied taxable income which is attributable to date of enactment) all of its property to a erty acquired from the taxpayer (determined domestic production activities is so much of foreign corporation in connection with an without regard to section 923(a)(5) of such the modified taxable income for the taxable exchange described in section 354 of such Code (relating to special rule for military year as does not exceed— Code, and property), as in effect on the day before the ‘‘(A) the taxpayer’s domestic production (ii) no gain or loss shall be recognized on date of the enactment of the FSC Repeal and gross receipts for such taxable year, reduced such transfer. Extraterritorial Income Exclusion Act of by (2) EXCEPTION.—Subparagraph (B)(ii) of 2000). ‘‘(B) the sum of— paragraph (1) shall not apply to gain on any In determining the FSC/ETI benefit there ‘‘(i) the costs of goods sold that are allo- asset held by the revoking corporation if— shall be excluded any amount attributable to cable to such receipts, (A) the basis of such asset is determined in a transaction with respect to which the tax- ‘‘(ii) other deductions, expenses, or losses whole or in part by reference to the basis of payer is the lessor unless the leased property directly allocable to such receipts, and such asset in the hands of the person from was manufactured or produced in whole or in ‘‘(iii) a proper share of other deductions, whom the revoking corporation acquired part by the taxpayer. expenses, and losses that are not directly al- such asset, (6) SPECIAL RULE FOR FARM COOPERATIVES.— locable to such receipts or another class of (B) the asset was acquired by transfer (not Determinations under this subsection with income. as a result of the election under section respect to an organization described in sec- ‘‘(2) ALLOCATION METHOD.—The Secretary 943(e) of such Code) occurring on or after the tion 943(g)(1) of such Code, as in effect on the shall prescribe rules for the proper alloca- 1st day on which its election under section day before the date of the enactment of this tion of items of income, deduction, expense, 943(e) of such Code was effective, and Act, shall be made at the cooperative level and loss for purposes of determining income (C) a principal purpose of the acquisition and the purposes of this subsection shall be attributable to domestic production activi- was the reduction or avoidance of tax (other carried out in a manner similar to section ties. than a reduction in tax under section 114 of 250(h) of such Code, as added by this Act. ‘‘(3) SPECIAL RULES FOR DETERMINING such Code, as in effect on the day before the Such determinations shall be in accordance COSTS.— date of the enactment of this Act). with such requirements and procedures as ‘‘(A) IN GENERAL.—For purposes of deter- (e) GENERAL TRANSITION.— the Secretary may prescribe. mining costs under clause (i) of paragraph (1) IN GENERAL.—In the case of a taxable (7) CERTAIN RULES TO APPLY.—Rules similar (1)(B), any item or service brought into the year ending after the date of the enactment to the rules of section 41(f) of such Code shall United States without a transfer price meet- of this Act and beginning before January 1, apply for purposes of this subsection. ing the requirements of section 482 shall be 2007, for purposes of chapter 1 of such Code, (8) COORDINATION WITH BINDING CONTRACT treated as acquired by purchase, and its cost a current FSC/ETI beneficiary shall be al- RULE.—The deduction determined under shall be treated as not less than its value lowed a deduction equal to the transition paragraph (1) for any taxable year shall be when it entered the United States. A similar amount determined under this subsection reduced by the phaseout percentage of any rule shall apply in determining the adjusted with respect to such beneficiary for such FSC/ETI benefit realized for the taxable year basis of leased or rented property where the year. by reason of subsection (c)(2), except that for lease or rental gives rise to domestic produc- (2) CURRENT FSC/ETI BENEFICIARY.—The purposes of this paragraph the phaseout per- tion gross receipts. term ‘‘current FSC/ETI beneficiary’’ means centage for 2003 shall be treated as being ‘‘(B) EXPORTS FOR FURTHER MANUFAC- any corporation which entered into one or equal to 100 percent. TURE.—In the case of any property described more transactions during its taxable year be- (9) SPECIAL RULE FOR TAXABLE YEAR WHICH in subparagraph (A) that had been exported ginning in calendar year 2002 with respect to INCLUDES DATE OF ENACTMENT.—In the case of by the taxpayer for further manufacture, the which FSC/ETI benefits were allowable. a taxable year which includes the date of the increase in cost or adjusted basis under sub- (3) TRANSITION AMOUNT.—For purposes of enactment of this Act, the deduction allowed paragraph (A) shall not exceed the difference this subsection— under this subsection to any current FSC/ between the value of the property when ex- (A) IN GENERAL.—The transition amount ETI beneficiary shall in no event exceed— ported and the value of the property when applicable to any current FSC/ETI bene- (A) 100 percent of such beneficiary’s base brought back into the United States after ficiary for any taxable year is the phaseout period amount for calendar year 2003, re- the further manufacture. percentage of the base period amount. duced by ‘‘(4) MODIFIED TAXABLE INCOME.—The term (B) PHASEOUT PERCENTAGE.— (B) the aggregate FSC/ETI benefits of such ‘modified taxable income’ means taxable in- (i) IN GENERAL.—In the case of a taxpayer beneficiary with respect to transactions oc- come computed without regard to the deduc- using the calendar year as its taxable year, curring during the portion of the taxable tion allowable under this section. the phaseout percentage shall be determined year ending on the date of the enactment of ‘‘(e) DOMESTIC PRODUCTION GROSS RE- under the following table: this Act. CEIPTS.—For purposes of this section, the

VerDate jul 14 2003 04:52 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.060 S30PT1 S12202 CONGRESSIONAL RECORD — SENATE September 30, 2003

term ‘domestic production gross receipts’ ‘‘(4) ORDERING RULE.—The amount of any ‘‘(2) QUALIFIED RETIRED EMPLOYEE HEALTH means the gross receipts of the taxpayer other deduction allowable under this chapter INSURANCE EXPENSES.— which are derived from— shall be determined as if this section had not ‘‘(A) IN GENERAL.—The term ‘qualified re- ‘‘(1) any sale, exchange, or other disposi- been enacted. tired employee health insurance expenses’ tion of, or ‘‘(5) COORDINATION WITH TRANSITION means any amount paid by an employer for ‘‘(2) any lease, rental, or license of, RULES.—For purposes of this section— health insurance coverage to the extent such qualifying production property which was ‘‘(A) domestic production gross receipts amount is attributable to coverage provided manufactured, produced, grown, or extracted shall not include gross receipts from any to any retired employee and such retired em- in whole or in significant part by the tax- transaction if the binding contract transi- ployee’s spouse and dependents. payer within the United States. tion relief of section 101(c)(2) of the Securing ‘‘(B) EXCEPTION FOR AMOUNTS PAID UNDER ‘‘(f) QUALIFYING PRODUCTION PROPERTY.— American Factory Employment (SAFE) Act SALARY REDUCTION ARRANGEMENTS.—No For purposes of this section— applies to such transaction, and amount paid or incurred for health insurance ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(B) any deduction allowed under section coverage pursuant to a salary reduction ar- vided in this paragraph, the term ‘qualifying 101(e) of such Act shall be disregarded in de- rangement shall be taken into account under production property’ means— termining the portion of the taxable income subparagraph (A). ‘‘(A) any tangible personal property, which is attributable to domestic production ‘‘(C) HEALTH INSURANCE COVERAGE.—The ‘‘(B) any computer software, and gross receipts.’’. term ‘health insurance coverage’ has the ‘‘(C) any property described in section (b) DEDUCTION ALLOWED TO SHAREHOLDERS meaning given such term by paragraph (1) of 168(f) (3) or (4). OF S CORPORATIONS.— section 9832(b) (determined by disregarding ‘‘(2) EXCLUSIONS FROM QUALIFYING PRODUC- (1) IN GENERAL.—Section 1363(b) (relating the last sentence of paragraph (2) of such TION PROPERTY.—The term ‘qualifying pro- to computation of S corporation’s taxable in- section). duction property’ shall not include— come) is amended by striking ‘‘and’’ at the ‘‘(3) RETIRED EMPLOYEE—The term ‘retired ‘‘(A) consumable property that is sold, end of paragraph (3), by striking the period employee’ means an individual who has met leased, or licensed by the taxpayer as an in- at the end of paragraph (4) and inserting ‘‘, any years of service or disability require- tegral part of the provision of services, and’’, and by adding at the end the following ments under an employee benefit plan of the ‘‘(B) electricity, new paragraph: employer. ‘‘(C) water supplied by pipeline to the con- ‘‘(5) the deduction under section 199 shall ‘‘(c) CERTAIN RULES MADE APPLICABLE.— sumer, be allowed to the S corporation.’’ For purposes of this section, rules similar to ‘‘(D) utility services, or (2) INCREASE IN BASIS.—Section 1367(a)(1) the rules of section 52 shall apply. ‘‘(E) any property (not described in para- (relating to increases in basis) is amended by ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- graph (1)(B)) which is a film, tape, recording, striking ‘‘and’’ at the end of subparagraph duction or credit under any other provision book, magazine, newspaper, or similar prop- (B), by striking the period at the end of sub- of this chapter shall be allowed with respect erty the market for which is primarily top- paragraph (C) and inserting ‘‘, and’’, and by to qualified retired employee health insur- ical or otherwise essentially transitory in adding at the end the following new subpara- ance expenses taken into account under sub- nature. graph: section (a). ‘‘(g) DEFINITIONS AND SPECIAL RULES.— ‘‘(D) any deduction allowed under section ‘‘(e) TERMINATION.—This section shall not ‘‘(1) TREATMENT OF PASS-THRU ENTITIES.— 199.’’ apply to taxable years beginning after De- The Secretary shall prescribe rules for the (c) MINIMUM TAX.—Section 56(g)(4)(C) (re- cember 31, 2003.’’. proper application of this section in the case lating to disallowance of items not deduct- (b) CREDIT TO BE PART OF GENERAL BUSI- of pass-thru entities other than cooperatives ible in computing earnings and profits) is NESS CREDIT.—Section 38(b) (relating to cur- to which paragraph (2) applies and sub- rent year business credit) is amended by chapter S corporations. amended by adding at the end the following new clause: striking ‘‘plus’’ at the end of paragraph (14), ‘‘(2) EXCLUSION FOR PATRONS OF COOPERA- ‘‘(v) DEDUCTION FOR DOMESTIC PRODUC- by striking the period at the end of para- TIVES.— TION.—Clause (i) shall not apply to any graph (15) and inserting ‘‘, plus’’, and by add- ‘‘(A) IN GENERAL.—If any amount described ing at the end the following: in paragraph (1) or (3) of section 1385 (a)— amount allowable as a deduction under sec- ‘‘(i) is received by a person from an organi- tion 199.’’ ‘‘(16) the retired employee health insurance zation to which part I of subchapter T ap- (d) CLERICAL AMENDMENT.—The table of expenses credit determined under section plies, and sections for part VI of subchapter B of chap- 45G.’’. ‘‘(ii) is allocable to the portion of the ter 1 is amended by adding at the end the fol- (c) NO CARRYBACKS.—Subsection (d) of sec- qualified production activities income of the lowing new item: tion 39 (relating to carryback and organization which is deductible under sub- carryforward of unused credits) is amended ‘‘Sec. 199. Income attributable to domestic by adding at the end the following: section (a) and designated as such by the or- production activities.’’ ganization in a written notice mailed to its ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT patrons during the payment period described (e) EFFECTIVE DATE.— BEFORE EFFECTIVE DATE.—No portion of the in section 1382(a), (1) IN GENERAL.—The amendments made by unused business credit for any taxable year this section shall apply to taxable years end- which is attributable to the retired employee then such person shall be allowed an exclu- ing after the date of the enactment of this health insurance expenses credit determined sion from gross income with respect to such Act. under section 45G may be carried back to a amount. The taxable income of the organiza- (2) APPLICATION OF SECTION 15.—Section 15 taxable year ending before the date of the tion shall not be reduced under section 1382 of the Internal Revenue Code of 1986 shall enactment of section 45G.’’. by the portion of any such amount with re- apply to the amendments made by this sec- (d) CLERICAL AMENDMENT.—The table of spect to which an exclusion is allowable to a tion as if they were changes in a rate of tax. sections for subpart D of part IV of sub- person by reason of this paragraph. chapter A of chapter 1 is amended by adding ‘‘(B) SPECIAL RULES.—For purposes of ap- TITLE II—EMPLOYER-PROVIDED RETIRED at the end the following: plying subparagraph (A), in determining the EMPLOYEE HEALTH CARE TAX CREDIT qualified production activities income of the SEC. 201. TAX CREDIT FOR 75 PERCENT OF EM- ‘‘Sec. 45G. Retired employee health insur- organization under this section— PLOYER-PROVIDED RETIRED EM- ance expenses.’’. PLOYEE HEALTH PREMIUMS. ‘‘(i) there shall not be taken into account (e) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Subpart D of part IV of in computing the organization’s modified made by this section shall apply to amounts subchapter A of chapter 1 (relating to busi- taxable income any deduction allowable paid or incurred in taxable years beginning ness-related credits) is amended by adding at under subsection (b) or (c) of section 1382 (re- after December 31, 2003. lating to patronage dividends, per-unit re- the end the following: tain allocations, and nonpatronage distribu- ‘‘SEC. 45G. RETIRED EMPLOYEE HEALTH INSUR- TITLE III—AMENDMENTS TO TITLE VII OF tions), and ANCE EXPENSES. THE TARIFF ACT OF 1930 ‘‘(ii) the organization shall be treated as ‘‘(a) GENERAL RULE.—For purposes of sec- SEC. 301. CAPTIVE PRODUCTION. having manufactured, produced, grown, or tion 38, in the case of a qualified employer, Section 771(7)(C)(iv) of the Tariff Act of extracted in whole or significant part any the retired employee health insurance ex- 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended to qualifying production property marketed by penses credit determined under this section read as follows: the organization which its patrons have so is an amount equal to 75 percent of the ‘‘(iv) CAPTIVE PRODUCTION.—If domestic manufactured, produced, grown, or ex- amount paid by the taxpayer during the tax- producers transfer internally, including to tracted. able year for qualified retired employee affiliated persons as defined in paragraph ‘‘(3) COORDINATION WITH MINIMUM TAX.—The health insurance expenses. (33), significant production of the domestic deduction under this section shall be allowed ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For like product for the production of a down- for purposes of the tax imposed by section 55; purposes of this section— stream article and sell significant produc- except that for purposes of section 55, alter- ‘‘(1) QUALIFIED EMPLOYER.—The term tion of the domestic like product in the mer- native minimum taxable income shall be ‘qualified employer’ means any employer chant market, then the Commission, in de- taken into account in determining the de- which is eligible for the deduction allowable termining market share and the factors af- duction under this section. under section 199 for the taxable year. fecting financial performance set forth in

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.060 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12203 clause (iii), shall focus primarily on the mer- SEC. 309. APPLICATION TO CANADA AND MEXICO. (1) the national security of the United chant market for the domestic like prod- Pursuant to article 1902 of the North Amer- States is dependent on our intelligence uct.’’. ican Free Trade Agreement and section 408 operatives being able to operate undercover SEC. 302. PRICE. of the North American Free Trade Agree- and without fear of having their identities Section 771(7)(C)(ii) of the Tariff Act of 1930 ment Implementation Act, the amendments disclosed; (19 U.S.C. 1677(7)(C)(ii)) is amended by adding made by this title shall apply with respect to (2) recent reports have indicated that ad- at the end the following flush sentence: goods from Canada and Mexico. ministration or White House officials may ‘‘Imports of the subject merchandise SEC. 310. EFFECTIVE DATE. have deliberately leaked the identity of a may have a significant effect on prices The amendments made by this title shall covert CIA agent to the media; irrespective of whether the magnitude apply with respect to determinations made (3) the unauthorized disclosure of a covert of, or change in the volume of, imports under title VII of the Tariff Act of 1930 intelligence agent’s identity is a Federal fel- of the subject merchandise is signifi- that— ony; and (1) are made with respect to investigations cant.’’. (4) the Attorney General has the power to initiated or petitions filed after the date of appoint a special counsel of integrity and SEC. 303. VULNERABILITY OF INDUSTRY. enactment of this Act; or Section 771(7)(C)(iii) of the Tariff Act of stature who may conduct an investigation (2) have not become final as of such date of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended in into the leak without the appearance of any enactment. the last sentence by striking the period at conflict of interest. the end and inserting ‘‘, including whether f (b) SENSE OF CONGRESS.—It is the sense of the industry is vulnerable to the effects of Congress that the Attorney General of the AMENDMENTS SUBMITTED AND United States should appoint a special coun- imports of the subject merchandise.’’. PROPOSED SEC. 304. CAUSAL RELATIONSHIP BETWEEN IM- sel of the highest integrity and statute to PORTS AND INJURY. SA 1790. Mr. SCHUMER (for himself, Mr. conduct a fair, independent, and thorough in- Section 771(7)(E)(ii) of the Tariff Act of DASCHLE, Mr. REID, Ms. MIKULSKI, Mr. vestigation of the leak and ensure that all 1930 (19 U.S.C. 1677(7)(E)(ii)) is amended by ROCKEFELLER, Mr. LEAHY, Mr. LEVIN, Mr. individuals found to be responsible for this adding at the end the following: ‘‘The Com- NELSON of Florida, Mr. KENNEDY, Mr. DUR- heinous deed are punished to the fullest ex- mission need not determine the significance BIN, Mr. BAUCUS, Mr. HARKIN, Mr. BAYH, Mr. tent permitted by law. of imports of the subject merchandise rel- HOLLINGS, Mr. BIDEN, Mr. LAUTENBERG, Mr. ative to other economic factors.’’. SARBANES, Mr. BINGAMAN, Mr. KERRY, Mr. SA 1791. Mr. CONRAD submitted an SEC. 305. PREVENTION OF CIRCUMVENTION. WYDEN, Mr. GRAHAM of Florida, Mrs. BOXER, amendment intended to be proposed by Section 781(c) of the Tariff Act of 1930 (19 Mr. LIEBERMAN, and Mrs. FEINSTEIN) pro- him to the bill S. 1689, making emer- U.S.C. 1677j(c)) is amended by adding at the posed an amendment to the bill H.R. 2765, gency supplemental appropriations for end the following new paragraph: making appropriations for the government of Iraq and Afghanistan security and re- ‘‘(3) SPECIAL RULE.—The administering au- the District of Columbia and other activities thority shall apply paragraph (1) with re- chargeable in whole or in part against the construction for the fiscal year ending spect to altered merchandise excluded from, revenues of said District for the fiscal year September 30, 2004, and for other pur- or not specifically included in, the merchan- ending September 30, 2004, and for other pur- poses; which was ordered to lie on the dise description used in an outstanding order poses. table; as follows: SA 1791. Mr. CONRAD submitted an or finding, if such application is not incon- On page ll, between lines ll and ll, sistent with the affirmative determination amendment intended to be proposed by him insert the following: to the bill S. 1689, making emergency supple- of the Commission on which the order or SEC. . (a) The Secretary of Defense shall mental appropriations for Iraq and Afghani- finding is based.’’. expand the United States Central Command stan security and reconstruction for the fis- SEC. 306. FULL RECOGNITION OF SUBSIDY CON- Rest and Recuperation Leave program to cal year ending September 30, 2004, and for FERRED THROUGH PROVISION OF provide a member of the Armed Forces par- other purposes; which was ordered to lie on GOODS AND SERVICES AND PUR- ticipating in the program with travel and CHASE OF GOODS. the table. transportation allowances for travel at the Section 771(5)(E) of the Tariff Act of 1930 SA 1792. Mr. MCCONNELL (for Mr. SHELBY expense of the United States between the (19 U.S.C. 1677(5)(E)) is amended by adding at (for himself and Mr. SARBANES)) proposed an the end the following: ‘‘If transactions in the amendment to the bill S. 1680, to reauthorize original airport of debarkation for the mem- country which is the subject of the inves- the Defense Production Act of 1950, and for ber and the member’s permanent station or tigation or review do not reflect market con- other purposes. home if the member elects to travel to such ditions due to government action associated SA 1793. Mr. MCCONNELL (for Mr. GRASS- destination. with provision of the good or service or pur- LEY) proposed an amendment to the bill H.R. (b) The travel and transportation allow- chase of the goods, determination of the ade- 3146, to extend the Temporary Assistance for ances that may be provided under subsection quacy of remuneration shall be through com- Needy Families block grant program, and (a) are the travel and transportation allow- parison with the most comparable market certain tax and trade programs, and for ances specified in section 404(d) of title 37, price elsewhere in the world.’’. other purposes. United States Code, except that no per diem allowance may be paid to a member for a pe- SEC. 307. PROHIBITION ON MASKING REIM- f BURSEMENT OF DUTIES. riod that the member is at the member’s per- Section 772(d) of the Tariff Act of 1930 (19 TEXT OF AMENDMENTS manent station or home. U.S.C. 1677a(d)) is amended— SA 1790. Mr. SCHUMER (for himself, (c) Travel and transportation allowances provided for travel under subsection (a) are (1) by striking ‘‘and’’ at the end of para- Mr. DASCHLE, Mr. REID, Ms. MIKULSKI, graph (2); in addition to any other travel and transpor- Mr. ROCKEFELLER, Mr. LEAHY, Mr. (2) by striking the period at the end of tation or other allowances that may be pro- paragraph (3) and inserting ‘‘; and’’; and LEVIN, Mr. NELSON of Florida, Mr. KEN- vided for such travel by law. (3) by adding at the end the following new NEDY, Mr. DURBIN, Mr. BAUCUS, Mr. (d) This section shall apply with respect to paragraphs: HARKIN, Mr. BAYH, Mr. HOLLINGS, Mr. travel under the United States Central Com- ‘‘(4) if the importer is the producer or ex- BIDEN, Mr. LAUTENBERG, Mr. SARBANES, mand Rest and Recuperation Leave program porter, or the importer and the producer or Mr. BINGAMAN, Mr. KERRY, Mr. WYDEN, that is commenced before, on, or after the date of the enactment of this Act. exporter are affiliated persons, an amount Mr. GRAHAM of Florida, Mrs. BOXER, (e) In this section: equal to the dumping margin calculated Mr. LIEBERMAN, and Mrs. FEINSTEIN) under section 771(35)(A), unless the producer (1) The term ‘‘United States Central Com- proposed an amendment to the bill mand Rest and Recuperation Leave pro- or exporter is able to demonstrate that the H.R. 2765, making appropriations for importer was in no way reimbursed for any gram’’ means the Rest and Recuperation antidumping duties paid; and the government of the District of Co- Leave program for certain members of the ‘‘(5) if the importer is the producer or ex- lumbia and other activities chargeable Armed Forces serving in the Iraqi theater of porter, or the importer and the producer or in whole or in part against the reve- operations in support of Operation Iraqi exporter are affiliated persons, an amount nues of said District for the fiscal year Freedom as established by the United States equal to the net countervailable subsidy cal- ending September 30, 2004, and for Central Command on September 25, 2003. culated under section 771(6), unless the pro- other purposes; as follows: (2) The term ‘‘original airport of debarka- ducer or exporter is able to demonstrate that tion’’ means an airport designated as an air- At the appropriate place, insert the fol- port of debarkation for members of the the importer was in no way reimbursed for lowing: any countervailing duties paid.’’. Armed Forces under the Central Command SEC. ll. SENSE OF CONGRESS CONCERNING Rest and Recuperation Leave program as of SEC. 308. EXPORT PRICE AND CONSTRUCTED EX- THE APPOINTMENT OF A SPECIAL PORT PRICE. COUNSEL TO CONDUCT A FAIR, the establishment of such program on Sep- Section 772(c)(2)(A) of the Tariff Act of 1930 THOROUGH, AND INDEPENDENT IN- tember 25, 2003. (19 U.S.C. 1677a(c)(2)(A)) is amended by in- VESTIGATION INTO A NATIONAL SE- (f) Of the amount appropriated under title serting ‘‘(including countervailing duties im- CURITY BREACH. ll for the Iraqi witness protection pro- posed under this title)’’ after ‘‘duties’’. (a) FINDINGS.—Congress finds that— gram, $60,000,000 is hereby transferred to the

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.060 S30PT1 S12204 CONGRESSIONAL RECORD — SENATE September 30, 2003

Secretary of Defense for payment of travel ‘‘(3) CRITICAL INFRASTRUCTURE.—The term (2) AUTHORITY TO DELAY IMPLEMENTATION.— and transportation allowances provided ‘critical infrastructure’ means any systems (A) IN GENERAL.—If the Secretary of Health under this section. and assets, whether physical or cyber-based, and Human Services (in this subsection re- so vital to the United States that the deg- ferred to as the ‘‘Secretary’’) determines SA 1792. Mr. MCCONNELL (for Mr. radation or destruction of such systems and that it is not administratively feasible to SHELBY (for himself and Mr. SAR- assets would have a debilitating impact on implement the amendments made by sub- BANES)) proposed an amendment to the national security, including, but not limited section (a), notwithstanding such amend- bill S. 1680, to reauthorize the Defense to, national economic security and national ments and in order to comply with Congres- Production Act of 1950, and for other public health or safety.’’; and sional intent, the Secretary may delay the (3) in paragraph (14) (as so redesignated by implementation of such amendments until purposes; as follows: paragraph (1) of this section), by inserting such time as the Secretary determines to be Strike all after the enacting clause and in- ‘‘and critical infrastructure protection and appropriate, but in no case later than No- sert the following: restoration’’ before the period at the end of vember 1, 2003. SECTION 1. SHORT TITLE. the last sentence. (B) TEMPORARY ADJUSTMENT FOR REMAIN- This Act may be cited as the ‘‘Defense Pro- SEC. 6. REPORT ON CONTRACTING WITH DER OF FISCAL YEAR 2004 TO EFFECT FULL RATE duction Act Reauthorization of 2003’’. MINORITY- AND WOMEN-OWNED CHANGE.—If the Secretary delays implemen- SEC. 2. REAUTHORIZATION OF DEFENSE PRO- BUSINESSES. tation of the amendments made by sub- DUCTION ACT OF 1950. (a) REPORT REQUIRED.—Before the end of section (a) under subparagraph (A), the Sec- (a) IN GENERAL.—The 1st sentence of sec- the 1-year period beginning on the date of retary shall make such adjustment to the tion 717(a) of the Defense Production Act of the enactment of this Act, the Secretary of amount of payments affected by such delay, 1950 (50 U.S.C. App. 2166(a)) is amended— Defense shall submit a report to the Com- for the portion of fiscal year 2004 after the (1) by striking ‘‘sections 708’’ and inserting mittee on Banking, Housing, and Urban Af- date of the delayed implementation, in such ‘‘sections 707, 708,’’; and fairs of the Senate and the Committee on Fi- manner as the Secretary estimates will en- (2) by striking ‘‘September 30, 2003’’ and in- nancial Services of the House of Representa- sure that the total payments for inpatient serting ‘‘September 30, 2004’’. tives on the extent to which contracts en- hospital services so affected with respect to (b) AUTHORIZATION OF APPROPRIATIONS.— tered into during the fiscal year ending be- such fiscal year is the same as would have Section 711(b) of the Defense Production Act fore the end of such 1-year period under the been made if this paragraph had not been en- of 1950 (50 U.S.C. App. 2161(b)) is amended by Defense Production Act of 1950 have been acted. striking ‘‘through 2003’’ and inserting contracts with minority- and women-owned (C) NO EFFECT ON PAYMENTS FOR SUBSE- ‘‘through 2004’’. businesses. QUENT PAYMENT PERIODS.—The application of (b) CONTENTS OF REPORT.—The report sub- SEC. 3. RESOURCE SHORTFALL FOR RADIATION- subparagraphs (A) and (B) shall not affect HARDENED ELECTRONICS. mitted under subsection (a) shall include the payment rates and shall not be taken into (a) IN GENERAL.—Notwithstanding the lim- following: account in calculating payment amounts for itation contained in section 303(a)(6)(C) of (1) The types of goods and services ob- services furnished for periods after Sep- the Defense Production Act of 1950 (50 U.S.C. tained under contracts with minority- and tember 30, 2004. App. 2093(a)(6)(C)), the President may take women-owned businesses under the Defense (D) ADMINISTRATION OF PROVISIONS.— actions under section 303 of the Defense Pro- Production Act of 1950 in the fiscal year cov- (i) NO RULEMAKING OR NOTICE REQUIRED.— duction Act of 1950 to correct the industrial ered in the report. The Secretary may carry out the authority resource shortfall for radiation-hardened (2) The dollar amounts of such contracts. under this paragraph by program memo- electronics, to the extent that such Presi- (3) The ethnicity of the majority owners of randum or otherwise and is not required to dential actions do not cause the aggregate such minority- and women-owned businesses. prescribe regulations or to provide notice in outstanding amount of all such actions to (4) A description of the types of barriers in the Federal Register in order to carry out exceed $200,000,000. the contracting process, such as require- such authority. (b) REPORT BY THE SECRETARY.—Before the ments for security clearances, that limit (ii) LIMITATION ON REVIEW.—There shall be end of the 6-month period beginning on the contracting opportunities for minority- and no administrative or judicial review under date of the enactment of this Act, the Sec- women-owned businesses, together with such section 1869 or 1878 of the Social Security retary of Defense shall submit a report to recommendations for legislative or adminis- Act (42 U.S.C. 1395ff and 1395oo), or otherwise the Committee on Banking, Housing, and trative action as the Secretary of Defense of any delay or determination made by the Urban Affairs of the Senate and the Com- may determine to be appropriate for increas- Secretary under this paragraph or the appli- mittee on Financial Services of the House of ing opportunities for contracting with cation of the payment rates determined Representatives describing— minority- and women-owned businesses and under this paragraph. removing barriers to such increased partici- (1) the current state of the domestic indus- f trial base for radiation-hardened electronics; pation. (2) the projected requirements of the De- (c) DEFINITIONS.—For purposes of this sec- AUTHORITY FOR COMMITTEES TO partment of Defense for radiation-hardened tion, the terms ‘‘women-owned business’’ and MEET ‘‘minority-owned business’’ have the mean- electronics; COMMITTEE ON ARMED SERVICES (3) the intentions of the Department of De- ings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term Mr. GREGG. Mr. President, I ask fense for the industrial base for radiation- unanimous consent that the Com- hardened electronics; and ‘‘minority’’ has the meaning given such term (4) the plans of the Department of Defense in section 1204(c)(3) of the Financial Institu- mittee on Armed Services be author- for use of providers of radiation-hardened tions Reform, Recovery, and Enforcement ized to meet during the session of the electronics beyond the providers with which Act of 1989. Senate on Tuesday, September 30, 2003, the Department had entered into contractual at 2:30 p.m., in open session, to receive Mr. MCCONNELL (for Mr. arrangements under the authority of the De- SA 1793. testimony regarding investigations GRASSLEY) proposed an amendment to fense Production Act of 1950, as of the date of into allegations of sexual assault at the enactment of this Act. the bill H.R. 3146, to extend the Tem- the United States Air Force Academy. SEC. 4. CLARIFICATION OF PRESIDENTIAL AU- porary Assistance for Needy Families The PRESIDING OFFICER. Without THORITY. block grant program, and certain tax objection, it is so ordered. Subsection (a) of section 705 of the Defense and trade programs, and for other pur- COMMITTEE ON BANKING, HOUSING AND URBAN Production Act of 1950 (50 U.S.C. App. 2155(a)) poses; as follows: AFFAIRS is amended by inserting after the end of the At the end of title IV, insert: 1st sentence the following new sentence: Mr. GREGG. Mr. President, I ask SEC. ll. EXTENSION OF PROVISION EQUAL- unanimous consent that the Com- ‘‘The authority of the President under this IZING URBAN AND RURAL STAND- section includes the authority to obtain in- ARDIZED MEDICARE INPATIENT mittee on Banking, Housing, and formation in order to perform industry stud- HOSPITAL PAYMENTS. Urban Affairs be authorized to meet ies assessing the capabilities of the United (a) IN GENERAL.—Paragraphs (1) and (2) of during the session of the Senate on States industrial base to support the na- section 402(b) of the Miscellaneous Appro- September 30, 2003, at 10 a.m. to con- tional defense.’’. priations Act, 2003 (Public Law 108–7; 117 duct a hearing on ‘‘The State of the Se- SEC. 5. CRITICAL INFRASTRUCTURE PROTEC- Stat. 548) are each amended by striking curities Industry.’’ TION AND RESTORATION. ‘‘September 30, 2003’’ and inserting ‘‘March The PRESIDING OFFICER. Without Section 702 of the Defense Production Act 31, 2004’’. objection, it is so ordered. of 1950 (50 U.S.C. App. 2152) is amended— (b) EFFECTIVE DATE.— COMMITTEE ON COMMERCE, SCIENCE, AND (1) by redesignating paragraphs (3) through (1) IN GENERAL.—Subject to paragraph (2), (17) as paragraphs (4) through (18), respec- the amendments made by subsection (a) TRANSPORTATION tively; shall take effect as if included in the enact- Mr. GREGG. Mr. President, I ask (2) by inserting after paragraph (2) the fol- ment of the Miscellaneous Appropriations unanimous consent that the Com- lowing new paragraph: Act, 2003. mittee on Commerce, Science, and

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.062 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12205 Transportation be authorized to meet sonnel of the Department of Veterans SUBCOMMITTEE ON WATER AND POWER on Tuesday, September 30, 2003, at 9:30 Affairs, and for other purposes, as Mr. GREGG. Mr. President, I ask a.m. on Do-Not-Call. amended, to incorporate, in addition, unanimous consent that the Sub- The PRESIDING OFFICER. Without original provisions and provisions de- committee on Water and Power of the objection, it is so ordered. rived from S. 548, S. 615, S. 1144, S. 1213, Committee on Energy and Natural Re- COMMITTEE ON FOREIGN RELATIONS S. 1283, S. 1289, S. 1341, and S. 1572. sources and the Committee on Indian Mr. GREGG. Mr. President, I ask 4. Committee Print of S. 1136, a bill Affairs be authorized to meet jointly unanimous consent that the Com- to restate, clarify and revise. The Sol- during the session of the Senate on mittee on Foreign Relations be author- diers and Sailors Civil Relief Act of September 30, 2003, at 10 a.m. The purpose of this hearing is to ex- ized to meet during the session of the 1940, as amended. amine S. 437, the Arizona water settle- Senate on Tuesday, September 30, 2003, 5. H.R. 1516. a bill to provide for the ments acts, which is a bill to provide at 9:30 a.m. to hold a hearing on nomi- establishment by the Secretary of Vet- for adjustments to the Central Arizona nations. erans Affairs of five additional ceme- Project in Arizona, to authorize the The PRESIDING OFFICER. Without teries of the National Cemetery Sys- Gila River Indian Community Water objection, it is so ordered. tem, as amended. The PRESIDING OFFICER. Without Rights Settlement, to reauthorize and COMMITTEE ON GOVERNMENTAL AFFAIRS objection, it is so ordered. amend the Southern Arizona Water Mr. GREGG. Mr. President, I ask PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Rights Settlement Act of 1982, and for unanimous consent that the Com- Mr. GREGG. Mr. President, I ask other purposes. mittee on Governmental Affairs be au- unanimous consent that the Perma- The PRESIDING OFFICER. Without thorized to meet on Tuesday, Sep- nent Subcommittee on Investigations objection, it is so ordered. tember 30, 2003, at 9 a.m. for a hearing of the Committee on Governmental Af- f to consider the nominations of Dale fairs be authorized to meet on Tuesday, Cabaniss to be Chairman, Federal COMMENDING JOHN E. DOLIBOIS September 30, 2003, at 10 a.m., for a Labor Relations Authority; Craig S. FOR DEDICATION TO HIS COUNTRY hearing entitled ‘‘Privacy & Piracy: Iscoe to be Associate Judge, Superior Mr. MCCONNELL. Mr. President, I The Paradox of Illegal File Sharing on Court of the District of Columbia; and ask unanimous consent that the Judi- Peer-to-Peer Networks and the Impact Brian F. Holeman to be Associate ciary Committee be discharged from of Technology on the Entertainment Judge, Superior Court of the District of further consideration of S. Res. 199 and Industry.’’ the Senate then proceed to its consid- Columbia. The PRESIDING OFFICER. Without eration. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. The PRESIDING OFFICER. The SUBCOMMITTEE ON CONSUMER AFFAIRS AND COMMITTEE ON INDIAN AFFAIRS clerk will state the resolution by title. PRODUCT LIABILITY The assistant legislative clerk read Mr. GREGG. Mr. President, I ask Mr. GREGG. Mr. President, I ask as follows: unanimous consent that the Com- unanimous consent that the Sub- mittee on Indian Affairs be authorized A resolution (S. Res. 199) commending committee on Consumer Affairs and John E. Dolibois for dedication to his coun- to meet on Tuesday, September 30, Product Liability be authorized to try, contributions to global education, and 2003, at 10 a.m. in room 366 of the Dirk- meet on Tuesday, September 30, 2003, more than a half century of service to hu- sen Senate Office Building to conduct a at 2:30 p.m., on the Obesity War: Are manity. joint hearing with the Senate Energy our Dietary Guidelines Losing? There being no objection, the Senate and Natural Resources Committee, The PRESIDING OFFICER. Without proceeded to consider the resolution. Subcommittee on Water and Power, on objection, it is so ordered. Mr. MCCONNELL. Mr. President, I S. 437, the Arizona Water Settlement SUBCOMMITTEE ON IMMIGRATION AND BORDER ask unanimous consent that the reso- Act. SECURITY lution and preamble be agreed to, en The PRESIDING OFFICER. Without Mr. GREGG. Mr. President, I ask bloc, the motion to reconsider be laid objection, it is so ordered. unanimous consent that the Com- upon the table, and that any state- COMMITTEE ON VETERANS’ AFFAIRS mittee on the Judiciary Subcommittee ments relating thereto be printed in Mr. GREGG. Mr. President, I ask on Immigration and Border Security be the RECORD, without further inter- unanimous consent that the Com- authorized to meet to conduct a hear- vening action or debate. mittee on Veterans’ Affairs be author- ing on ‘‘Visa Issuance: Our First Line The PRESIDING OFFICER. Without ized to meet during the session of the of Defense for Homeland Security’’ on objection, it is so ordered. Senate on Tuesday, September 30, 2003, Tuesday, September 30, 2003, at 2 p.m. The resolution (S. Res. 199) was at 4 p.m., for a markup on pending leg- in SD226. agreed to. islation. The meeting will be held in WITNESS LIST: The preamble was agreed to. room 418 of the Russell Senate Office The Honorable Asa Hutchinson, Un- The resolution, with its preamble, Building. dersecretary for Border and Transpor- reads as follows: S. RES. 199 Agenda tation Security Directorate, Depart- ment of Homeland Security, Wash- Whereas John Dolibois was born in Luxem- 1. S. 1131, a bill to increase, effective ington, DC. bourg and when he arrived in the United as of December 1, 2003, the rates of The Honorable Marua Harty, Assist- States of America at 12 years of age, he was compensation for veterans with serv- not able to speak English, but learned it ant Secretary for Consular Affairs, De- quickly and added it to his fluency in Ger- ice-connected disabilities and the rates partment of State, Washington, DC. man and French; of dependency and indemnity com- The PRESIDING OFFICER. Without Whereas John Dolibois became a natural- pensation for the survivors of certain objection, it is so ordered. ized citizen in 1941; disabled veterans. SUBCOMMITTEE ON SUBSTANCE ABUSE AND Whereas John Dolibois’ service as a cap- 2. Committee Print of S. 1132, a bill MENTAL HEALTH SERVICES tain in United States Army intelligence to improve and enhance certain bene- Mr. GREGG. Mr. President, I ask called on his highly developed personal skills to make him a prime interrogator of 86 top fits for survivors of veterans, and for unanimous consent that the Com- Nazi prisoners, in preparation for and during other purposes, as amended, to incor- mittee on Health, Education, Labor, the International War Crimes Trial in Nur- porate, in addition, original provisions and Pensions, Subcommittee on Sub- emberg after World War II; and provisions derived from S. 257, S. stance Abuse and Mental Health Serv- Whereas John Dolibois contributed to 517, S. 1133, S. 1156, S. 1188, S. 1213, S. ices be authorized to meet for a hear- spreading the understanding of World War II 1239, S. 1281, and S. 1360. ing on Underage Drinking: Research atrocities by speaking publicly for decades 3. Committee Print of S. 1156, a bill and Recommendations during the ses- about his experiences following the War to improve and enhance the provision Crimes Trial, including speaking engage- sion of the Senate on Tuesday, Sep- ments this year; of long-term health care for veterans, tember 30, 2003, at 10 a.m. Whereas John Dolibois served Miami Uni- to enhance and improve authorities re- The PRESIDING OFFICER. Without versity in Oxford, Ohio for 34 years, includ- lating to the administration of per- objection, it is so ordered. ing service as vice president for university

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.065 S30PT1 S12206 CONGRESSIONAL RECORD — SENATE September 30, 2003 relations from 1967 to 1981, and while in that The assistant legislative clerk read The improvements proposed in this role he was instrumental in the University as follows: bill to the Missing Children’s Assist- establishing an overseas campus in Luxem- A bill (H.R. 1925) to reauthorize programs ance Act build on provisions included bourg, named the John E. Dolibois European under the Runaway and Homeless Youth Act in the PROTECT Act legislation that Center; and Missing Children’s Assistance Act, and Whereas John Dolibois was responsible for we enacted earlier this year. In that for other purposes. funds raised in the late 1940s through early bill, we authorized National Center for 1980s that helped build Miami University’s There being no objection, the Senate Missing and Exploited Children, art museum, conference center, chapel, and proceeded to consider the bill. NCMEC, activities through 2005 and au- alumni center, and helped provide numerous Mr. LEAHY. I urge the Senate to thorized the center to strengthen its scholarships; take up and pass H.R. 1925, the Run- CyberTipline to provide online users an Whereas John Dolibois authored major sec- away, Homeless, and Missing Children effective means of reporting Internet- tions on alumni programming and college Protection Act. The Senate version of related child sexual exploitation in dis- public relations in the International Ency- this bill—which was identical—passed clopedia of Higher Education and contrib- tribution of child pornography, online uted articles to the State Department’s ‘‘Ex- unanimously in the Judiciary Com- enticement of children for sexual acts, change Magazine’’ on international edu- mittee last Thursday, and this bill de- and child prostitution. This bill would cation; serves the support of every Senator. I extend NCMEC through 2008. Now more Whereas John Dolibois received the Miami joined with Senator HATCH in intro- than ever, it is critical for Congress to University’s highest honor, the Benjamin ducing the Senate legislation to reau- give the Center the resources it needs Harrison Medal, and the ‘‘Citizen of the thorize and improve the Runaway and in order to pursue its important work. Year’’ award from an Oxford, Ohio, com- Homeless Youth Act, and to extend the A missing or abducted child is the mittee of residents in 1963, in part for his authorization of the Missing Children’s service as a trustee to the Lane Public Li- worst nightmare of any parent or brary and as a director of the Community Assistance Act. This bill follows in the grandparent, and NCMEC has proved to Chest; footsteps of the recently enacted PRO- be an invaluable resource in Federal, Whereas John Dolibois was 1 of 12 United TECT Act legislation and presents an- state, and local efforts to recover chil- States citizens named by President Richard other milestone in our efforts to safe- dren who have disappeared. Nixon to the Board of Foreign Scholarships, guard all of our children. Although this is a good bill on the which he served on for 3 terms, supervising In the 29 years since it became law, whole, I am disappointed that it in- the Fulbright Program and playing a major the Runaway and Homeless Youth Act cludes a provision that prohibits grant- role in the development of the Fulbright has helped some of the most vulnerable Alumni Program; ees from using any funds provided Whereas John Dolibois’ personal and diplo- children in our country. I have worked under this program for needle distribu- matic skills further distinguished his ability in the past to extend the program, tion programs. This is a superfluous to communicate effectively, allowing him to most recently in the 106th Congress, provision that simply repeats what is serve as the United States Ambassador to when I cosponsored S. 249, the Missing, already law. In addition, it is unneces- Luxembourg from 1981 to 1985, upon the re- Exploited, and Runaway Children Pro- sary because no grantee under this pro- quest of President Ronald Reagan; tection Act, which extended the Act gram operates needle exchange pro- Whereas John Dolibois, as a member of through this year. I am pleased to help Luxembourg’s Board of Economic Develop- grams or has expressed interest in extend it once again. doing so. I ask Senator HATCH to leave ment, encouraged United States business in A Justice Department report released Luxembourg and stimulated trade between it out of the Senate version of this bill, Luxembourg and Ohio; last year estimated that 1.7 million and was disappointed when he refused. Whereas John Dolibois has been decorated young people either ran away from or The inclusion of this needless provi- twice by the Grand Duchy of Luxembourg for were thrown out of their homes in 1999 sion, however, does not change the fact his wartime service and his contributions to alone. Other studies have suggested an that this is still a very good bill. international education and tourism; even higher number. This law and the The Runaway and Homeless Youth Whereas John Dolibois has stayed con- programs it funds provide a safety net Act programs have received tremen- nected to youth via 50 years of activity with that helps give these young people a dous bipartisan support over the years. the Boy Scouts, including becoming an Eagle chance to build lives for themselves. It Scout, serving as a vice president for the The House passed this bill by a vote of Dan Beard Scout Council in Cincinnati, and is slated to expire at the end of this fis- 404–14, and the Senate bill passed by receiving scouting’s highest honor, the Sil- cal year, and we should not allow that unanimous consent last Friday. I urge ver Beaver Award; to happen. the Senate to pass H.R. 1925 and send it Whereas John Dolibois earned critical ac- In my State, both the Vermont Coali- to the President today. claim for his memoir, ‘‘Pattern of Circles’’, tion for Runaway and Homeless Youth Mr. MCCONNELL. Mr. President, I in which he professed his gratitude for the and Spectrum Youth and Family Serv- ask unanimous consent that the bill be United States of America, his adopted coun- ices in Burlington receive grants under read the third time and passed, the mo- try; and this law, and they have provided excel- Whereas John Dolibois was inducted into tion to reconsider be laid upon the Ohio’s Veterans Hall of Fame in 1998 and has lent services both to young people try- table, and that any statements relating been noted in ‘‘Who’s Who in America’’ and ing to build lives on their own and to to the bill be printed in the RECORD. ‘‘Who’s Who in the World’’: Now, therefore, those who are struggling on the The PRESIDING OFFICER. Without be it streets. Reauthorizing this law will objection, it is so ordered. Resolved, That the Senate— allow them to continue their enor- The bill (H.R. 1925) was read the third (1) commends John E. Dolibois for superior mously important work. time and passed. lifetime achievements, an indisputable re- This bill would improve the law by f solve to contribute, and an inspirational leg- extending the period during which acy of service to this country and to the older homeless youth can receive serv- DEFENSE PRODUCTION global community; and REAUTHORIZATION ACT OF 2003 (2) expresses its appreciation for his life- ices under the Transitional Living Pro- long service. gram, to ensure that all homeless Mr. MCCONNELL. Mr. President, I f youth can take advantage of services ask unanimous consent that the Sen- at least until they turn 18. The bill ate proceed to the immediate consider- RUNAWAY, HOMELESS, AND MISS- would also make permanent the Sec- ation of S. 1680, an original bill re- ING CHILDREN PROTECTION ACT retary of Health and Human Services’ ported by the Banking Committee. Mr. MCCONNELL. Mr. President, I authority to make grants explicitly to The PRESIDING OFFICER. The ask unanimous consent that the Judi- help rural areas met the unique clerk will state the bill by title. ciary Committee be discharged from stresses of providing services to run- The assistant legislative clerk read further consideration of H.R. 1925 and away and homeless youth. Programs as follows: the Senate proceed to its immediate serving runaway and homeless youth A bill (S. 1680) to reauthorize the Defense consideration. have found that those in rural areas Production Act of 1950, and for other pur- The PRESIDING OFFICER. Without are particularly difficult to reach and poses. objection, it is so ordered. The clerk serve effectively, and this bill recog- There being no objection, the Senate will state the bill by title. nizes that fact. proceeded to consider the bill.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.074 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12207 Mr. SHELBY. Mr. President, I rise of Defense in support of Operation En- Formally incorporates the concept of today in support of passage of the De- during Freedom in Afghanistan to pro- critical infrastructure protection under fense Production Reauthorization Act cure vital military equipment like Defense Production Act authorities by of 2003. This bill will reauthorize the Predator UAVs and military satellite including it under the definition of Defense Production Act of 1950 for an communications technology vital for ‘‘national defense.’’ additional 5 years. the conduct of joint operations. And Mr. President, I cannot emphasize Mr. President, the Defense Produc- with the scale of contraction in the enough the importance of the Senate tion Act of 1950 was originally passed U.S. defense industrial base over the passing the amendment in the nature in response to the outbreak of war on past decade, the act’s authorities will of a substitute and then voting on final the Korean Peninsula. The U.S. defense remain as vital as ever for the foresee- passage as soon as possible. The minute industrial base that had provided the able future. the Defense Production Act lapses, fighter planes, tanks and ships that In drafting reauthorizing legislation, vital authorities for the conduct of were so crucial to the outcome of it was the committee’s intent to mod- military operations in Afghanistan and World War II had been largely scrapped ernize the Defense Production Act to Iraq disappear. I urge my colleagues’ following the end of that horrific con- take into account the dramatic support for the amendment and for flict. The prevailing view, of course, changes that occurred since the act’s final passage of the bill. was that such an industrial base was no last update in 1994. The emergence of Mr. SARBANES. Mr. President, I rise longer needed in light of the defeat of terrorism, evident in the U.S. Embassy in support of the Defense Production Nazi Germany and Imperial Japan and bombings in East Africa, the attack on Act Reauthorization of 2003. the introduction into the American ar- the USS Cole in the Gulf of Aden, and The Defense Production Act provides senal of atomic weapons. the tragic events of 9–11, as the central the President with important authori- As we learned literally within hours focus of U.S. national security plan- ties to ensure the availability of indus- of the crossing of the 38th Parallel by ning has created an imperative that trial resources to meet national secu- the first North Korean Army units, the Defense Production Act be adapted rity needs and to deal with domestic that view was catastrophically wrong. to that reality. That is why the Bank- civil emergencies. This is obviously a The Defense Production Act was the ing Committee-passed bill includes new period in which the authorities of the recognition by the executive and legis- findings and a declaration of policy: be- DPA are being actively utilized. The lative branches of Government that a cause the war on terrorism and the DPA expires today, September 30. The large industrial base oriented toward growth in scale of threat to the na- Administration has made clear that national defense was still vital to our tion’s critical infrastructure of tele- the reauthorization of the DPA is a national security and that the usual communications, transportation, en- high priority. process by which weapons and other ergy, banking, and other sectors of so- The Committee on Banking, Housing, equipment are procured would not suf- ciety the security of which are vital to and Urban Affairs marked up and re- fice in a genuine crisis. our national security and our economic ported out this bill last week by unani- As in June 1950, the United States re- and social well-being. mous consent. The House Financial mains dependent upon the ability to re- The committee-passed bill, in line Services Committee, our counterpart spond to crises in a manner appropriate with the recommendations of the Committee, has also reported out a re- to the circumstances. That is where President’s Report to Congress on the authorization of the DPA that is pend- the Defense Production Act of 1950 con- Modernization of the Defense Produc- ing on the House floor. Both bills are tinues to play a vital role in providing tion Act and the Report of the Presi- essentially simple extensions of the for the national defense. Its authorities dent’s Commission on Critical Infra- DPA with minor changes requested by allow the President to prioritize and structure Protection, included in its the Administration. The imminent ex- reallocate contracts when the United findings and declaration of policy this piration of the authorities of the DPA States is confronted by an imminent emphasis on the war on terrorism and led the staff of the two committees to threat to its well-being, and to respond critical infrastructure protection. In meet last week to reconcile the few dif- to those threats after they’ve material- addition, language was added intended ferences between the two bills. That ized. It provides the authority for the to further strengthen the linkage be- has been accomplished, and Senator Department of Defense to go into fac- tween critical infrastructure and the SHELBY and I will shortly offer an tories that can not afford to maintain authorities provided by the Defense amendment in the nature of a sub- a critical capability due to insufficient Production Act during committee con- stitute reflecting that agreement. demand and provide the means for that sideration of this bill. factory to continue to produce the re- Unfortunately, this modernization of Both bills contained provisions re- quired item. It indemnifies contractors the act was more than the other cham- quested by the Administration to cor- against legal actions taken as result of ber could swallow right now. That is rect the industrial resource shortfall U.S. Government directives issued why the ranking member of the Bank- for radiation-hardened electronics, and under Defense Production Act authori- ing Committee, Senator SARBANES, and to clarify the President’s authority ties, as was needed during the first Per- I will offer an amendment in the na- under the DPA to obtain information sian Gulf War when Civil Air Reserve ture of a substitute. Because the De- in order to perform industry studies as- commercial aircraft were drafted into fense Production Act expires today, sessing the capabilities of the United the war effort at the expense of their there would be no time for a protracted States industrial base to support the commercial obligations. conference. Consequently, the Banking national defense. Over time, the Defense Production Committee and its House counterpart The Senate bill also contained a pro- Act has been expanded to include nat- have agreed to a more modest update vision sponsored by Senator Bennett, ural disasters as well as man-made of the Act. The amendment by the which makes explicit that the authori- events like terrorist attacks, and disas- ranking member and me does the fol- ties of the DPA can be used to protect ters resulting from accidents and lowing: and restore critical infrastructure. equipment failures that can result in Reauthorizes the Defense Production This authority takes on a heightened large sections of the United States Act for five years, as requested by the sense of importance in the aftermath of being blacked-out by a major utility Defense Department; 9/11, and is retained in the substitute failure. In short, it is an emergency ca- Provides funding the department re- amendment with the strong support of pability that we keep in our back pock- quested for hardening electronics the Administration. The Senate bill et and hope it is never needed. against the effects of radiation; provides for a 5 year authorization, as But the Defense Production Act is Clarifies the President’s authority to requested by the Administration, and routinely needed. I have alluded to the obtain information needed for the per- the House bill provides for a 4 year au- Transportation Security Administra- formance of assessments of the U.S. de- thorization. Senator DODD has raised a tion’s use of it in the wake of the ter- fense industrial base—a provision re- concern about the need to address the rorist attacks of September 11, 2001. It quested by the Department of Com- issue of offsets, which falls under the has also been used by the Department merce; and authority of the DPA. As a result, the

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.068 S30PT1 S12208 CONGRESSIONAL RECORD — SENATE September 30, 2003 substitute will provide for a 1 year au- ments. And it also provides authority is amended by inserting after the end of the thorization. This is essentially the to these agencies, especially the De- 1st sentence the following new sentence: package. fense Department, to work with pri- ‘‘The authority of the President under this I would like to commend Chairman vate industry to ensure they have the section includes the authority to obtain in- SHELBY and his staff for working coop- industrial capabilities required to meet formation in order to perform industry stud- eratively to bring this bill and the sub- national security requirements that ec- ies assessing the capabilities of the United stitute amendment before the Senate onomics alone would otherwise allow States industrial base to support the na- today. I hope the Senate can act to atrophy. tional defense.’’. promptly to pass this legislation and I am pleased the Senate will act on SEC. 5. CRITICAL INFRASTRUCTURE PROTEC- send it over to the House. I believe the this legislation before it expires at TION AND RESTORATION. midnight tonight. My hope is that it House will then be in a position to take Section 702 of the Defense Production Act up the Senate bill, pass it, and send it will be passed by the other body and of 1950 (50 U.S.C. App. 2152) is amended— to the White House for the President’s signed into law by the President short- (1) by redesignating paragraphs (3) through signature. That would ensure the con- ly. (17) as paragraphs (4) through (18), respec- tinued availability of the important Mr. MCCONNELL. Mr. President, I tively; authorities of the Defense Production ask unanimous consent that the sub- (2) by inserting after paragraph (2) the fol- Act. stitute amendment at the desk be lowing new paragraph: Mr. DODD. Mr. President, I thank agreed to, the bill, as amended, be read ‘‘(3) CRITICAL INFRASTRUCTURE.—The term the distinguished chairman of the the third time and passed, the motion ‘critical infrastructure’ means any systems and assets, whether physical or cyber-based, Banking Committee for all his efforts to reconsider be laid upon the table, and that any statements relating to so vital to the United States that the deg- to bring the reauthorization of the De- radation or destruction of such systems and fense Production Act to the floor. It is the bill be printed in the RECORD. assets would have a debilitating impact on excellent legislation, and I support it The PRESIDING OFFICER. Without national security, including, but not limited wholeheartedly. I particularly want to objection, it is so ordered. to, national economic security and national express my appreciation for the agree- The amendment (No. 1792) was agreed public health or safety.’’; and ment that was reached to reconsider to, as follows: (3) in paragraph (14) (as so redesignated by this piece of legislation in 1 year. That Strike all after the enacting clause and in- paragraph (1) of this section), by inserting sert the following: ‘‘and critical infrastructure protection and will allow the Defense Production Act SECTION 1. SHORT TITLE. restoration’’ before the period at the end of to continue uninterrupted, while also This Act may be cited as the ‘‘Defense Pro- the last sentence. providing us with the opportunity to duction Act Reauthorization of 2003’’. address the very grave concerns that SEC. 6. REPORT ON CONTRACTING WITH SEC. 2. REAUTHORIZATION OF DEFENSE PRO- MINORITY- AND WOMEN-OWNED are shared by many Senators about the DUCTION ACT OF 1950. BUSINESSES. issue of foreign offset arrangements (a) IN GENERAL.—The 1st sentence of sec- over the next year. tion 717(a) of the Defense Production Act of (a) REPORT REQUIRED.—Before the end of According to the General Accounting 1950 (50 U.S.C. App. 2166(a)) is amended— the 1-year period beginning on the date of Office and Department of Commerce, (1) by striking ‘‘sections 708’’ and inserting the enactment of this Act, the Secretary of ‘‘sections 707, 708,’’; and Defense shall submit a report to the Com- these arrangements serve no positive (2) by striking ‘‘September 30, 2003’’ and in- purpose. And yet, offsets are displacing mittee on Banking, Housing, and Urban Af- serting ‘‘September 30, 2004’’. fairs of the Senate and the Committee on Fi- 9,500 American workers annually. In (b) AUTHORIZATION OF APPROPRIATIONS.— nancial Services of the House of Representa- 2000, the Commerce Department re- Section 711(b) of the Defense Production Act tives on the extent to which contracts en- ports that out of $5.6 billion exported of 1950 (50 U.S.C. App. 2161(b)) is amended by tered into during the fiscal year ending be- by the U.S. aerospace and defense in- striking ‘‘through 2003’’ and inserting ‘‘through 2004’’. fore the end of such 1-year period under the dustries, $5.1 billion was ‘‘offset’’ by SEC. 3. RESOURCE SHORTFALL FOR RADIATION- Defense Production Act of 1950 have been these arrangements. In other words, HARDENED ELECTRONICS. contracts with minority- and women-owned offset arrangements imposed on con- (a) IN GENERAL.—Notwithstanding the lim- businesses. tracts with American firms amounted itation contained in section 303(a)(6)(C) of to nearly 90 percent of their export the Defense Production Act of 1950 (50 U.S.C. (b) CONTENTS OF REPORT.—The report sub- value. And in the years 2002 and 2003, App. 2093(a)(6)(C)), the President may take mitted under subsection (a) shall include the the total value of offsets are projected actions under section 303 of the Defense Pro- following: (1) The types of goods and services ob- to be close to 100 percent of the value duction Act of 1950 to correct the industrial resource shortfall for radiation-hardened tained under contracts with minority- and of those contracts—virtually elimi- electronics, to the extent that such Presi- women-owned businesses under the Defense nating any gains from U.S. exports of dential actions do not cause the aggregate Production Act of 1950 in the fiscal year cov- these goods. outstanding amount of all such actions to ered in the report. Once again, I appreciate the willing- exceed $200,000,000. (2) The dollar amounts of such contracts. ness of the chairman and ranking (b) REPORT BY THE SECRETARY.—Before the (3) The ethnicity of the majority owners of member of the Banking Committee for end of the 6-month period beginning on the such minority- and women-owned businesses. agreeing to work with me on this issue date of the enactment of this Act, the Sec- (4) A description of the types of barriers in as we assess additional reauthorization retary of Defense shall submit a report to the contracting process, such as require- the Committee on Banking, Housing, and ments for security clearances, that limit legislation for the Defense Production Urban Affairs of the Senate and the Com- contracting opportunities for minority- and Act in the coming months. mittee on Financial Services of the House of women-owned businesses, together with such Mr. SHELBY. Mr. President, I appre- Representatives describing— recommendations for legislative or adminis- ciate the words of the distinguished (1) the current state of the domestic indus- trative action as the Secretary of Defense Senator from Connecticut and look for- trial base for radiation-hardened electronics; may determine to be appropriate for increas- ward to continuing work with my col- (2) the projected requirements of the De- ing opportunities for contracting with leagues on these important issues con- partment of Defense for radiation-hardened minority- and women-owned businesses and cerning the needs of our military in- electronics; removing barriers to such increased partici- (3) the intentions of the Department of De- pation. dustrial base. The Defense Production fense for the industrial base for radiation- (c) DEFINITIONS.—For purposes of this sec- Act is an important piece of legislation hardened electronics; and tion, the terms ‘‘women-owned business’’ and that provides vital authorities to the (4) the plans of the Department of Defense Departments of Defense, Homeland Se- for use of providers of radiation-hardened ‘‘minority-owned business’’ have the mean- curity, Commerce, and Energy to pre- electronics beyond the providers with which ings given such terms in section 21A(r) of the pare for and respond to crises. These the Department had entered into contractual Federal Home Loan Bank Act, and the term provisions are particularly important arrangements under the authority of the De- ‘‘minority’’ has the meaning given such term during this time as the nation pros- fense Production Act of 1950, as of the date of in section 1204(c)(3) of the Financial Institu- the enactment of this Act. ecutes its war on terror. The act’s au- tions Reform, Recovery, and Enforcement SEC. 4. CLARIFICATION OF PRESIDENTIAL AU- Act of 1989. thorities allow government agencies to THORITY. allocate contracts and re-prioritize Subsection (a) of section 705 of the Defense The bill (S. 1680), as amended, was contracts to meet emergency require- Production Act of 1950 (50 U.S.C. App. 2155(a)) read the third time and passed.

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.070 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12209 EXTENDING TEMPORARY ASSIST- final vote, prior to a possible adjourn- Finance Committee, that he is willing ANCE FOR NEEDY FAMILIES ment date in late November. But if it to work with me to ensure that the BLOCK GRANT PROGRAM becomes at all possible for the Senate welfare reauthorization bill allows Mr. MCCONNELL. Mr. President, I to act on the legislation in what re- Montana to maintain the successful di- ask unanimous consent that the Sen- mains of this session, leaving con- rection of the program it has operated ate proceed to the immediate consider- ference committee consideration for under its waiver. Given his efforts to ation of H.R. 3146, which is at the desk. early next year, we should certainly do work in a bipartisan manner, I am op- The PRESIDING OFFICER. The that. timistic we will be able to reach an un- clerk will report the bill by title. It is my intention, if a window of op- derstanding on these policies. The assistant legislative clerk read portunity does open up before we ad- Mr. GRASSLEY. Mr. President, I un- as follows: journ for the year, to work with the derstand the concerns of the Senator A bill (H.R. 3146) to extend the Temporary Leadership to bring this legislation up from Montana, and look forward to Assistance for Needy Families block grant for consideration. In the event that continuing to work with him to reau- program and certain tax and trade programs, such a window of opportunity does not thorize the TANF program in the com- and for other purposes. open up in what remains of this ses- ing months. I appreciate his concern There being no objection, the Senate sion, I am confident that this bill will for the need for Montana to pursue wel- proceeded to consider the bill. be among the first pieces of legislation fare policies it believe make sense in Mr. GRASSLEY. Mr. President, I brought up for consideration as soon as that State. I agree that we will discuss thank the majority leader for his work we reconvene next year. these and other issues as we reauthor- on the extension for the Temporary As- MONTANA’S WELFARE WAIVER ize the TANF program and am also op- sistance for Needy Families program. Mr. BAUCUS. Mr. President, as we timistic we will be able to reach an un- Unfortunately, this program has had to have worked over the last 2 years to re- derstanding on these policies. be extended several times while the authorize the 1996 landmark welfare re- Mr. President, current law penalizes Senate finance Committee worked to form law, I have often talked with rural and small urban facilities by pay- complete a very ambitious agenda. pride about the welfare reform program ing them 1.6 percent less on every inpa- Happily, though, the Senate finance in my own State of Montana. Montana tient discharge than their counterparts Committee was able to report a welfare was a welfare reform pioneer, embark- in urban areas of a million or more reauthorization bill on September 10, ing on reform under a waiver before people. This is one reason for 2003. I plan to file the committee bill 1996. We have continued to operate a MedPAC’s finding that Medicare inpa- shortly. It is critical that the Senate program under that waiver and it has tient profit margins are substantially act swiftly to complete action on this served us well. worse for rural and small urban facili- legislation. This program has lan- The number of Montana families re- ties than for those located in large guished, unauthorized, for a year. ceiving monthly welfare checks is urban areas. States need to make plans to adjust to down sharply since the early 1990s. The provision raises the inpatient the new provisions. Recipients need Under the waiver program, Montana base rate for hospitals in rural and some assurances that the program will achieved a participation rate of 84 per- small urban areas to the same rate as continue. cent in fiscal year 2002, despite a strug- that in large urban areas from October It was my preference that Senate ac- gling economy. Montana is a regular 1, 2003 through March 31, 2004. Every tion on the welfare bill take place this recipient of ‘‘high performance’’ bonus State except Rhode Island has rural or fall, but I understand that the time awards, especially for the key criteria small urban hospitals, so 49 States will frame for adjournment is fluid and this of moving welfare recipients quickly benefit from this provision. impacts what the Leader is able to into jobs. An independent study by Abt The fiscal year 2003 omnibus Appro- bring to the floor. Additionally, I Associates concluded that under Mon- priations bill included a 6-month would have preferred a shorter exten- tana’s program ‘‘a Work First model version of this policy. The policy ends sion, in order to keep the process mov- has been implemented effectively in on September 30, 2003. A permanent ing forward. I do not want to send the varied rural settings, including Indian version of this policy was included in signal that since we are passing a 6- reservations and remote areas’’ and the Senate- and House-passed prescrip- month extension, this means that that it reflects an ‘‘efficient and suc- tion drug bills this summer. MedPAC there will be no action on this legisla- cessful’’ strategy. In other words, we’re has endorsed a permanent version of tion until March next year. If that on the right track. should occur, we would find ourselves However, the waiver expires on De- this policy in its 2003 recommenda- in the position of having to seek yet cember 31. We would like it extended. tions. another extension. This is a situation Given our track record, we think it is The cost of the provision is $300 mil- which can only be avoided, in my view, only common sense to continue a suc- lion, for the 6-month period beginning by prompt action on this legislation. cessful model. Others, unfortunately, October 1, 2003 and ending March 31, I understand why the majority leader have opposed such an extension. It is 2004, according to preliminary scores wants a 6-month extension because I an issue we expect to be debated during from CBO. recognize that it is nearly impossible consideration of the full 5 year reau- I ask unanimous consent to print in to envision a scenario in which the thorization bill. the RECORD the preliminary CBO esti- Senate passes a bill, the House and As we extend the Temporary Assist- mates. Senate have a conference, a conference ance for Needy Families, or TANF, pro- There being no objection, the mate- report is drafted and filed and the gram for 6 months, I want to confirm rial was ordered to be printed in the measure goes back to both houses for a with the distinguished chairman of the RECORD, as follows: PRELIMINARY CBO ESTIMATE OF THE FEDERAL BUDGET EFFECTS OF H.R. 3146—BASED ON DRAFT LEGISLATIVE LANGUAGE, THOMAS.068, DATED SEPTEMBER 29, 2003 (11:22 AM)—ESTIMATED USING CBO MARCH 2003 BASELINE [By fiscal year, in millions of dollars]

2004– 2004– 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2008 2013

CHANGES IN DIRECT SPENDING Title I: Family assistance Provisions Fund Supplemental Grants for 2 quarters: Budget Authority ...... 191 0 0 0 0 0 0 0 0 0 191 191 Outlays ...... 96 38 19 19 19 0 0 0 0 0 191 191 Increase Transfer Authority to 10 percent for 2 quarters: Budget Authority ...... 0 0 0 0 0 0 0 0 0 0 0 0 Outlays ...... 77 ¥14 ¥28 ¥15 ¥15 ¥5 0 0 0 0 5 0 Extend TMA through March 2004: Budget Authority ...... 86 135 19 4 0 ¥1 0 0 0 ¥1 244 242 Outlays ...... 83 130 20 5 0 0 0 1 0 0 238 239

VerDate jul 14 2003 03:41 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G30SE6.113 S30PT1 S12210 CONGRESSIONAL RECORD — SENATE September 30, 2003 PRELIMINARY CBO ESTIMATE OF THE FEDERAL BUDGET EFFECTS OF H.R. 3146—BASED ON DRAFT LEGISLATIVE LANGUAGE, THOMAS.068, DATED SEPTEMBER 29, 2003 (11:22 AM)—ESTIMATED USING CBO MARCH 2003 BASELINE—Continued [By fiscal year, in millions of dollars]

2004– 2004– 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2008 2013

Extend Abstinence Education Grants for 2 quarters: Budget Authority ...... 25 0 0 0 0 0 0 0 0 0 25 25 Outlays ...... 7 9 3 2 1 0 0 0 0 0 22 22 Extend TANF Research Funding for 2 quarters: Budget Authority ...... 8 0 0 0 0 0 0 0 0 0 8 8 Outlays ...... 1 3 4 0 0 0 0 0 0 0 8 8 Extend Child Welfare Research Funding for 2 quarters: Budget Authority ...... 3 0 0 0 0 0 0 0 0 0 3 3 Outlays ...... (1) 1 2 0 0 0 0 0 0 0 3 3 Subtotal Title I: Budget Authority ...... 313 135 19 4 0 ¥1 0 0 0 ¥1 471 469 Outlays ...... 264 167 20 11 5 ¥5 0 1 0 0 467 463 Title III: Trade Provisions Extend Custom User Fees through March 2004: Budget Authority ...... ¥698 0 0 0 0 0 0 0 0 0 ¥698 ¥698 Outlays ...... ¥698 0 0 0 0 0 0 0 0 0 ¥698 ¥698 Title IV: Medicare Cost-Sharing Provisions Extend Medicare Cost-Sharing through March 2004: Budget Authority ...... 42 0 0 0 0 0 0 0 0 0 42 42 Outlays ...... 42 0 0 0 0 0 0 0 0 0 42 42 Extend Inpatient Hospital SPA Equalization through March 2004: Budget Authority ...... 292 0 0 0 0 0 0 0 0 0 292 292 Outlays ...... 292 0 0 0 0 0 0 0 0 0 292 292 Subtotal Title IV: Budget Authority ...... 334 0 0 0 0 0 0 0 0 0 334 334 Outlays ...... 334 0 0 0 0 0 0 0 0 0 334 334 Total Direct Spending: Budget Authority ...... ¥51 135 19 4 0 ¥1 0 0 0 ¥1 107 105 Outlays ...... ¥100 167 20 11 5 ¥5 0 1 0 0 103 99 CHANGES IN REVENUE Title II: Tax Provisions 33 8 0 0 0 0 0 0 0 0 41 41 Net Effect on Deficit/Surplus ...... ¥133 159 20 11 5 ¥5 0 1 0 0 62 58 Notes: TANF=Temporary Assistance for Needy Families. TMA=Transitional Medical Assistance. SPA=Standardized Payment Amount.

Mr. MCCONNELL. Mr. President, I tation of the amendments made by sub- A bill (S. 1261) to reauthorize the Consumer ask unanimous consent that the section (a) under subparagraph (A), the Sec- Product Safety Commission, and for other amendment that is at the desk be retary shall make such adjustment to the purposes. agreed to; that the bill, as amended, be amount of payments affected by such delay, There being no objection, the Senate for the portion of fiscal year 2004 after the proceeded to consider the bill, which read a third time and passed; that the date of the delayed implementation, in such motion to reconsider be laid upon the manner as the Secretary estimates will en- had been reported from the Committee table; and that any statements relating sure that the total payments for inpatient on Commerce, Science, and Transpor- to the bill be printed in the RECORD. hospital services so affected with respect to tation, with an amendment to strike The PRESIDING OFFICER. Without such fiscal year is the same as would have all after the enacting clause and insert objection, it is so ordered. been made if this paragraph had not been en- in lieu thereof the following: The amendment (No. 1793) was agreed acted. (Strike the part shown in black brackets to, as follows: (C) NO EFFECT ON PAYMENTS FOR SUBSE- and insert the part shown in italic.) QUENT PAYMENT PERIODS.—The application of (Purpose: 6-month extension of provision subparagraphs (A) and (B) shall not affect S. 1261 equalizing urban and rural standardized payment rates and shall not be taken into Be it enacted by the Senate and House of Rep- payment amounts under Medicare Inpa- account in calculating payment amounts for resentatives of the United States of America in tient Hospital Prospective Payment Sys- services furnished for periods after Sep- Congress assembled, tem) tember 30, 2004. øSECTION 1. SHORT TITLE. At the end of title IV, insert: (D) ADMINISTRATION OF PROVISIONS.— øThis Act may be cited as the ‘‘Consumer SEC. ll. EXTENSION OF PROVISION EQUAL- (i) NO RULEMAKING OR NOTICE REQUIRED.— Product Safety Commission Reauthorization IZING URBAN AND RURAL STAND- The Secretary may carry out the authority Act of 2003’’. ARDIZED MEDICARE INPATIENT under this paragraph by program memo- HOSPITAL PAYMENTS. øSEC. 2. AUTHORIZATION OF APPROPRIATIONS. randum or otherwise and is not required to (a) IN GENERAL.—Paragraphs (1) and (2) of øSection 32(a) of the Consumer Product prescribe regulations or to provide notice in section 402(b) of the Miscellaneous Appro- Safety Act (15 U.S.C. 2081(a)) is amended by the Federal Register in order to carry out priations Act, 2003 (Public Law 108–7; 117 striking paragraphs (1) and (2) and inserting such authority. Stat. 548) are each amended by striking the following: (ii) LIMITATION ON REVIEW.—There shall be ‘‘September 30, 2003’’ and inserting ‘‘March ø‘‘(1) $60,000,000 for fiscal year 2004; no administrative or judicial review under 31, 2004’’. ø‘‘(2) $66,800,000 for fiscal year 2005; section 1869 or 1878 of the Social Security (b) EFFECTIVE DATE.— ø‘‘(3) $70,100,000 for fiscal year 2006; and Act (42 U.S.C. 1395ff and 1395oo), or otherwise (1) IN GENERAL.—Subject to paragraph (2), ø‘‘(4) $73,600,000 for fiscal year 2007.’’. the amendments made by subsection (a) of any delay or determination made by the øSEC. 3. FTE STAFFING LEVELS. shall take effect as if included in the enact- Secretary under this paragraph or the appli- øSection 4(g) of the Consumer Product ment of the Miscellaneous Appropriations cation of the payment rates determined Safety Act (15 U.S.C. 2053(g)) is amended by Act, 2003. under this paragraph. adding at the end the following: (2) AUTHORITY TO DELAY IMPLEMENTATION.— The bill (H.R. 3146), as amended, was ø‘‘(5) The Commission is authorized to hire (A) IN GENERAL.—If the Secretary of Health read the third time and passed. and maintain a full time equivalent staff of and Human Services (in this subsection re- f 471 persons in each of fiscal years 2004 ferred to as the ‘‘Secretary’’) determines through 2007.’’. that it is not administratively feasible to CONSUMER PRODUCT SAFETY øSEC. 4. EXECUTIVE DIRECTOR AND OFFICERS. implement the amendments made by sub- COMMISSION REAUTHORIZATION øSo much of section 4(g) of the Consumer section (a), notwithstanding such amend- ACT OF 2003 Product Safety Act (15 U.S.C. 2053(g) as pre- ments and in order to comply with Congres- Mr. MCCONNELL. Mr. President, I cedes paragraph (2) is amended to read as fol- sional intent, the Secretary may delay the ask unanimous consent that the Sen- lows: implementation of such amendments until ø‘‘(g) EXECUTIVE DIRECTOR; OFFICERS AND such time as the Secretary determines to be ate proceed to the immediate consider- EMPLOYEES.—(1)(A) The Chairman, subject to appropriate, but in no case later than No- ation of Calendar No. 252, S. 1261. the approval of the Commission, shall ap- vember 1, 2003. The PRESIDING OFFICER. The point as officers of the Commission an Exec- (B) TEMPORARY ADJUSTMENT FOR REMAIN- clerk will report the bill by title. utive Director, a General Counsel, an Asso- DER OF FISCAL YEAR 2004 TO EFFECT FULL RATE The assistant legislative clerk read ciate Executive Director for Engineering CHANGE.—If the Secretary delays implemen- as follows: Sciences, an Associate Executive Director

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A30SE6.079 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — SENATE S12211 for Laboratory Sciences, an Associate Execu- product hazard (as defined in the Commission’s row morning, following morning busi- tive Director for Epidemiology, an Associate Recall Handbook) or the Commission makes a ness, the Senate will begin consider- Executive Director for Health Sciences, an substantial product hazard determination classi- ation of the Iraq supplemental appro- Assistant Executive Director for Compli- fied as a Class A or B product hazard (as de- priations bill. Amendments are pos- ance, an Associate Executive Director for fined in the Commission’s Recall Handbook) Economic Analysis, an Associate Executive with respect to such a product; and sible as early as 12:30 p.m. Therefore, Director for Administration, an Associate ‘‘(B) finds that— rollcall votes are expected throughout Executive Director for Field Operations, an ‘‘(i) notification of the hazard is in the public the day. As always, Senators will be Assistant Executive Director for Office of interest; and notified when the first vote is expected. Hazard Identification and Reduction, an As- ‘‘(ii) the manufacturer, retailer, or distributor The PRESIDING OFFICER. The Sen- sistant Executive Director for Information is financially unable to provide adequate notifi- ator from Nevada. Services, and a Director for Office of Infor- cation. Mr. REID. Mr. President, before the mation and Public Affairs. Any other indi- ‘‘(2) IMPLEMENTING REGULATIONS.—Not more distinguished Senator asks that the vidual appointed to a position designated as than 120 days after the date of enactment of the an Assistant or Associate Executive Director Consumer Product Safety Commission Reauthor- Senate be closed, I was thinking that shall be appointed by the Chairman, subject ization Act of 2003, the Commission shall pre- the Senate is a great institution. To to the approval of the Commission. The scribe regulations to implement paragraph (1). think we are at the point we are to- Chairman may only appoint an attorney to In promulgating such regulations, the Commis- night, with peace and quiet in the Sen- the position of Assistant Executive Director sion shall establish strict standards for ensuring ate, after having faced lots of proce- for Compliance, but this restriction does not that Commission funding is expended only on dural problems, the two leaders are to apply to the position of Acting Assistant Ex- the product recall notifications of manufactur- be commended for having arrived at ecutive Director for Compliance.’’.] ers, retailers, or distributors that are financially the point where we can civilly ap- unable to effect adequate notifications required SECTION 1. SHORT TITLE. proach this most important legislation This Act may be cited as the ‘‘Consumer Prod- by this section. uct Safety Commission Reauthorization Act of ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— and have amendments offered. It is 2003’’. There are authorized to be appropriated to the going to be good for the Senate and SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Commission for each fiscal year $2,000,000 to good for the American people. Section 32(a) of the Consumer Product Safety carry out this subsection.’’. Mr. MCCONNELL. Mr. President, I Act (15 U.S.C. 2081(a)) is amended by striking SEC. 6. INCREASE IN CIVIL PENALTIES. thank the assistant Democratic leader paragraphs (1) and (2) and inserting the fol- Section 20(a)(1) of the Consumer Product for his role in helping us get to the lowing: Safety Act (15 U.S.C. 2069(a)(1)) is amended by place where we arrived today. I, too, ‘‘(1) $60,000,000 for fiscal Year 2004; striking ‘‘$1,250,000’’ each place it appears and share his optimism that we will be able ‘‘(2) $66,800,000 for fiscal year 2005; inserting ‘‘$20,000,000’’. ‘‘(3) $70,100,000 for fiscal year 2006; and to move forward on this very impor- Mr. MCCONNELL. Mr. President, I ‘‘(4) $73,600,000 for fiscal year 2007.’’. tant legislation this week and then ask unanimous consent that the com- SEC. 3. FTE STAFFING LEVELS. wrap it up the week after the recess. mittee-reported amendment be agreed Section 4(g) of the Consumer Product Safety f Act (15 U.S.C. 2053(g)) is amended by adding at to; that the bill, as amended, be read a the end the following: third time and passed; that the motion AUTHORITY TO SIGN DULY ‘‘(5) The Commission is authorized to hire and to reconsider be laid upon the table; ENROLLED BILLS maintain a full time equivalent staff of 471 per- and that any statements relating to Mr. MCCONNELL. Mr. President, I sons in each of fiscal years 2004 through 2007.’’. the bill be printed in the RECORD. SEC. 4. EXECUTIVE DIRECTOR AND OFFICERS. The PRESIDING OFFICER. Without ask unanimous consent that until the So much of section 4(g) of the Consumer Prod- objection, it is so ordered. Senate reconvenes tomorrow, it be in uct Safety Act (15 U.S.C. 2053(g)(1) as precedes The committee amendment in the order for the majority leader, the as- subparagraph (B) is amended to read as follows: sistant majority leader, or the junior ‘‘(g) EXECUTIVE DIRECTOR; OFFICERS AND EM- nature of a substitute was agreed to. The bill (S. 1261), as amended, was Senator from Missouri to sign duly en- PLOYEES.—(1)(A) The Chairman, subject to the rolled bills. approval of the Commission, shall appoint as of- read the third time and passed. The PRESIDING OFFICER. Without ficers of the Commission an Executive Director, f a General Counsel, an Associate Executive Di- objection, it is so ordered. ORDERS FOR WEDNESDAY, rector for Engineering Sciences, an Associate f Executive Director for Laboratory Sciences, an OCTOBER 1, 2003 Associate Executive Director for Epidemiology, Mr. MCCONNELL. Mr. President, I ADJOURNMENT UNTIL 9:30 A.M. an Associate Executive Director for Health TOMORROW Sciences, an Assistant Executive Director for ask unanimous consent that when the Compliance, an Associate Executive Director for Senate completes its business today, it Mr. MCCONNELL. Mr. President, if Economic Analysis, an Associate Executive Di- adjourn until 9:30 a.m., Wednesday, Oc- there is no further business to come be- rector for Administration, an Associate Execu- tober 1. I further ask unanimous con- fore the Senate, I ask unanimous con- tive Director for Field Operations, an Assistant sent that following the prayer and sent that the Senate stand in adjourn- Executive Director for Office of hazard Identi- pledge, the morning hour be deemed ment under the previous order. fication and Reduction, an Assistant Executive expired, the Journal of proceedings be There being no objection, the Senate, Director for Information Services, and a Direc- approved to date, the time for the two at 7:43 p.m., adjourned until Wednes- tor for Office of Information and Public Affairs. Any other individual appointed to a position leaders be reserved for their use later day, October 1, 2003, at 9:30 a.m. in the day, and the Senate then begin a designated as an Assistant or Associate Execu- f tive Director shall be appointed by the Chair- period for morning business until 10:30 man, subject to the approval of the Commission. a.m., with the first half of the time NOMINATIONS The Chairman may only appoint an attorney to under the control of the minority lead- Executive nomination received by the position of Assistant Executive Director for er or his designee, and the second half the Senate September 30, 2003: Compliance, but this restriction does not apply of the time under the control of Sen- to the position of Acting Assistant Executive Di- UNITED STATES SENTENCING COMMISSION ator HUTCHISON or her designee; pro- rector for Compliance.’’. vided further, that at 10:30 a.m., the WILLIAM K. SESSIONS III, OF VERMONT, TO BE A MEM- SEC. 5. SUBSTANTIAL PRODUCT HAZARD RE- BER OF THE UNITED STATES SENTENCING COMMISSION CALLS. Senate begin consideration of the sup- FOR A TERM EXPIRING OCTOBER 31, 2009. (REAPPOINT- MENT) Section 15 of the Consumer Product Safety Act plemental appropriations bill for Iraq (15 U.S.C. 2064) is amended by adding at the end and Afghanistan, as under the previous f the following: order, with the time under the control ‘‘(i) COMMISSION-FINANCED RECALLS.— of the two leaders or their designees. CONFIRMATIONS ‘‘(1) IN GENERAL.—The Commission may take The PRESIDING OFFICER. Without Executive nominations confirmed by the actions otherwise required of a manufac- objection, it is so ordered. the Senate September 30, 2003: turer, retailer, or distributor under subsection (c)(1), (2), and (3) with respect to a product if f THE JUDICIARY the Commission— PROGRAM MARCIA A. CRONE, OF TEXAS, TO BE UNITED STATES ‘‘(A) staff makes a preliminary hazard deter- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS. Mr. MCCONNELL. Mr. President, for RONALD A. WHITE, OF OKLAHOMA, TO BE UNITED mination that a product presents a substantial STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT product hazard classified as a Class A or B the information of all Senators, tomor- OF OKLAHOMA.

VerDate jul 14 2003 04:30 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 9801 E:\CR\FM\A30SE6.082 S30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1915 EXTENSIONS OF REMARKS

IN RECOGNITION OF VAHAK AND and an active participant in a host of chari- EXPRESSING THE SENSE OF THE PARIS HOVNANIAN table organizations where she exhibits her HOUSE OF REPRESENTATIVES strong and effective leadership skills. THAT THE UNITED STATES HON. FRANK PALLONE, JR. POSTAL SERVICE SHOULD ISSUE Mr. Speaker, Vahak and Paris Hovnanian A POSTAGE STAMP COMMEMO- OF NEW JERSEY have given back so generously to their com- IN THE HOUSE OF REPRESENTATIVES RATING THE FISK JUBILEE munity. Their tireless and selfless efforts have SINGERS Tuesday, September 30, 2003 benefited those in America and around the Mr. PALLONE. Mr. Speaker, I rise today to world. Accordingly, I ask that my colleagues HON. ALCEE L. HASTINGS laud the accomplishments of Mr. and Mrs. rise and join me in honoring these remarkable OF FLORIDA Vahak Hovnanian, who are this year’s recipi- individuals, Mr. and Mrs. Vahak and Paris IN THE HOUSE OF REPRESENTATIVES ents of the Artistic Eminence Award presented Hovnanian. by Pacific Encore Performances, for their out- Tuesday, September 30, 2003 standing commitment to the arts and music. f Mr. HASTINGS of Florida. Mr. Speaker, These two remarkable individuals have served today I am proud to introduce a resolution call- their community through numerous contribu- HONORING THE 50TH ANNIVER- ing on the U.S. Postal Service to honor the tions to the economy, culture, and education. SARY OF THE MAUMEE, OHIO Fisk Jubilee Singers with a commemorative Together, this couple’s service to local, na- KIWANIS CLUB stamp. tional, and the world community has been The Fisk Jubilee Singers are true heroes in nothing short of extraordinary. In 1976, they the fight for civil rights and racial equality in began the Hovnanian School that started with HON. MARCY KAPTUR education. Their heritage goes back more than only thirteen students in a church basement. one hundred and thirty years to just after the Today the school consists of 200 students OF OHIO Civil War. These singers are part of a unique with a curriculum that focuses on multicultural IN THE HOUSE OF REPRESENTATIVES group of former slaves who made it their pas- studies as well as art, music, and theater. In sion to achieve the kind of education that they 1998, the Hovnanians together with the Arme- Tuesday, September 30, 2003 did not have access to before emancipation. nian Minister of Culture sponsored competi- Their spirit has been felt all across this nation Ms. KAPTUR. Mr. Speaker, on March 17, tions in all cultural arts. Later, Mr. and Mrs. and around the world, and it is my honor to Hovnanian started the Sayat Hoa Festival 1953, the Maumee, Ohio Kiwanis Club was stand before you today to tell you about the where Armenian artists could showcase their chartered. This year, the organization proudly legacy of the Fisk Jubilee Singers, whom I talent. celebrates its fiftieth anniversary. Its members hold near to my heart. Mr. and Mrs. Hovnanian are remarkable in- through the years have fostered its growth, The Fisk School was founded in Nashville, dividuals in their own right, and should be and ‘‘have demonstrated that service, hard Tennessee, just after the end of the Civil War. celebrated for their personal accomplishments work, and good fellowship bring individual sat- This school was intended to transcend the ra- as well as those they accomplish together. In isfaction’’ according to its guide. cial divide, with the founders of the University 1952, Mr. Hovnanian emigrated from Baghdad opening the doors of education to all persons, An integral part of Maumee’s fabric, the to America in pursuit of higher education. After regardless of their race. Recently emancipated receiving his degree in physics, he and his Kiwanians have contributed much to the com- slaves, ecstatic at the limitless possibilities for three brothers formed the Hovnanian Brothers munity in the club’s half-century. Many stu- freedom offered by learning, took it upon Corporation, building homes in Monmouth and dents have received scholarships that have themselves to create in the Fisk School an Ocean Counties, New Jersey. In 1969, the enabled them to further their higher education. educational institution that would give to them brothers chose to separate and form busi- Other young people have been able to partici- a sense of profound moral purpose in the nesses of their own. It was at this time that pate in sports because of the Kiwanis Club’s great American democracy. The sale of slave Mr. Hovnanian became the founding chairman gifts and team sponsorships. Still more youth paraphernalia paid for the opening of the and president of the widely recognized resi- have had the opportunity to attend summer school, and in 1867 the Fisk School became dential and commercial real estate and devel- camp and recreational activities thanks to the Fisk University, now the oldest university in opment corporation, Hovbilt Inc. and Adelphia Maumee Kiwanis. Senior citizens, too, have Nashville. Water and Sewer Company. In addition, he Fisk University’s accomplishments in the ad- been helped by Kiwanis’ donations to the and his son Shant created the V.S. Hovnanian vancement of educational opportunities for Af- Group, elevating them to a prominent status Maumee Senior Center. The community at rican-American’s is far too long to mention amongst New Jersey real estate developers, large has also benefited from Kiwanis civic of- here. I will tell you briefly that some of the entrepreneurs, and philanthropists. ferings such as park maintenance and pur- most honored African-American artists, think- Yet, Mr. Hovnanian’s ambitions did not stop chases to restore buildings of the Maumee ers and activists attended or were involved with his business endeavors. He went on to Historical Society. with Fisk, including W.E.B DuBois, Booker T. become the president of the Howell Township The Maumee Kiwanis Club is an able em- Washington, Charles Spurgeon Johnson, Chamber of Commerce, Chairman of the local bodiment of the international organization’s James Weldon Johnson, and Thurgood Mar- Rotary Club, a Monmouth University trustee, shall, to name a few of the more distinguished motto, ‘‘We Build.’’ Through its efforts, all of and Chairman of the Monmouth Conservation African-Americans. Indeed, Fisk University Foundation. In 1988, Mr. Hovnanian spon- the residents of Maumee but especially its played an enormously profound role in the ad- sored the first New Jersey Waterfront Mara- children, have been built up and strengthened. vancement of black learning and culture in thon and underwrote the banquet honoring Truly, Maumee Kiwanians have proudly America. I am both humbled by and proud of Olympic Marathon Trials. upheld its theme: ‘‘Serving the children of the the time that I, too, spent at Fisk University. Mrs. Paris Hovnanian has also accom- world.’’ I am very pleased to recognize the Many of the values I hold dear to my heart plished much to be proud of. Born in Jeru- achievements of the Maumee Kiwanis Club today I learned from my colleagues and pro- salem, she too immigrated to America to fur- and congratulate its members past and fessors at Fisk. ther her education. She completed her Bach- present on 50 years of service as we look for- It was in 1871 that a group of students at elors Degree in sociology and education and ward to 50 more. Onward. Fisk University formed a choral group that later attended Columbia University on scholar- they named the Fisk Jubilee Singers. ship for graduate studies. Mrs. Hovnanian is a Mr. Speaker, the Fisk Jubilee Singers have co-founder of the New York Academy of Art made a lasting contribution to racial equality

∑ 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 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.001 E30PT1 E1916 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 and black culture in America. They introduced ical Leave Act. Furthermore, Congressman RECOGNIZING THE DESIGNATION the spiritual as a musical genre, and dem- PAYNE’s record on environmental conservation OF THE CAPITAL CHILDREN’S onstrated a truly unique commitment to their issues has been rated one of the best in Con- MUSEUM AS THE NATIONAL education. It is time that we in Congress honor gress. CHILDREN’S MUSEUM their incredible achievements in such a man- ner that all of America will come to know of Before being elected to serve in the House HON. ELEANOR HOLMES NORTON of Representatives, Mr. PAYNE had a distin- their commitment. OF THE DISTRICT OF COLUMBIA Mr. Speaker, I ask my colleagues to pass guished career that included service on the IN THE HOUSE OF REPRESENTATIVES my resolution encouraging the Postal Service Newark Municipal Council and the Essex Tuesday, September 30, 2003 to issue a postage stamp commemorating the County Board of Chosen Freeholders. Mr. Ms. NORTON. Mr. Speaker, I was pleased legacy and achievements of the Fisk Jubilee PAYNE was also an executive of the Prudential to support enactment of H.R. 13, the Museum Singers. Insurance Company, Vice President of Urban and Library Services Act of 2003. In addition f Data Systems, and an educator in the Newark to authorizing Federal funding support for our RECOGNIZING CONGRESSMAN public school system. Nation’s museums and libraries, the bill con- DONALD M. PAYNE Congressman PAYNE, a native of New Jer- tains a small provision with great importance sey, graduated from Seton Hall University and to the District of Columbia. It designates the HON. FRANK PALLONE, JR. pursued graduate studies at Springfield Col- Capital Children’s Museum as the National Children’s Museum which will be a new state- OF NEW JERSEY lege in Massachusetts. He holds honorary de- of-the-art, interactive museum offering a na- IN THE HOUSE OF REPRESENTATIVES grees from Chicago State University, Drew tional model for exhibits oriented and dedi- University, Essex County College and William Tuesday, September 30, 2003 cated to children. The purpose of the museum Mr. PALLONE. Mr. Speaker, I rise today to Paterson University. Congressman PAYNE is a will be to explain the Nation’s institutions and call attention to one of our distinguished col- widower, father of three and grandfather of ideas to American children, providing a gate- leagues, Representative DONALD M. PAYNE four. way of understanding not only for children in from New Jersey’s 10th District. Congressman Mr. Speaker, Congressman PAYNE’s con- the Washington, DC, metropolitan area, but PAYNE is this year’s recipient of the Justice for tributions to his community, our nation and the also for the millions of school children and Cypress Award presented by the Cypress world have been numerous and successful. families who visit the Nation’s capital from Federation of America. This award is pre- He is a man of great character and a true across the Nation and the world. sented to an individual who has exhibited ex- The National Children’s Museum designa- asset to the United States Congress. I ask emplary leadership and has advocated for the tion is critical for several reasons. The des- that my colleagues rise and join me in hon- liberation of Cypress from the Turkish occupa- ignation enables the museum to highlight its tion forces and the restoration of the human oring my dear friend and colleague, the Hon- activities and exhibits, and expand the reach rights of the Cypriot people. I can think of no orable DONALD M. PAYNE. of its educational experiences to children both one more deserved of this award then my in the United States and abroad. The museum friend, Congressman DONALD PAYNE. f serves as a flagship for the Nation’s children’s Congressman PAYNE has represented his museums, and the Association of Children’s district in the U.S. House of Representatives TRIBUTE TO THE FIREFIGHTERS Museums supports the designation because it since 1988, when he was elected as New Jer- OF SEPTEMBER 11, 2001 increases public understanding of the purpose sey’s first African American Congressman. In of all children’s museums. In addition, the des- 2002, he was re-elected to serve an eighth ignation will help facilitate partnerships for the term to represent the people of New Jersey’s HON. MARCY KAPTUR National Children’s Museum with other re- 10th Congressional District in the 108th Con- OF OHIO gional museums to create models for innova- gress. tive learning experiences. Congressman PAYNE is a member of the IN THE HOUSE OF REPRESENTATIVES For almost 30 years, the Capital Children’s Museum has been serving the children of the International Relations Committee and its Sub- Tuesday, September 30, 2003 committee on the Western Hemisphere and Nation’s capital. I hope my colleagues will join Subcommittee on Africa, where he holds the Ms. KAPTUR. Mr. Speaker, on September me in thanking the Capital Children’s Museum position of ranking member. Through these 11, 2003 communities all across America held on its service to children for these many committee assignments, Congressman PAYNE observances to remember those who fell in years, and in congratulating the museum on this designation and its commitment to the has become a key player in the arena of Inter- the events two years before. In my own home- creation of the National Children’s Museum. national Relations. He has been one of the town of Toledo, part of our observance in- leading advocates of the restoration of democ- f cluded a reading of the names of those who racy and human rights in many nations died on that fateful day, and inspirational read- RECOGNIZING MR. BENON V. throughout the world. Congressman PAYNE SEVAN lead an effort among pharmaceutical compa- ings and poems. I would like to quote one of nies to donate over $2 million worth of medi- these poems for the record. It is a special trib- HON. FRANK PALLONE, Jr. cine to war-torn Somalia. Similarly, Mr. PAYNE ute to firefighters, written by Toledoan Ernest OF NEW JERSEY also introduced the Sudan Peace Act, which Fodor and entitled ‘‘Just Because You Call.’’ IN THE HOUSE OF REPRESENTATIVES facilitated famine relief efforts and a com- There is a well-known fact in heaven prehensive solution to the war in Sudan. All the firefighters tell Tuesday, September 30, 2003 In addition, Congressman PAYNE has proven When they put out their last fire on earth Mr. PALLONE. Mr. Speaker, I rise today to himself to be an influential member of the They did their job so well laud the accomplishments of Mr. Benon V. House Committee on Education and the Work- Some how they had the strength Sevan, and his 38 years of service to the force. Congressman PAYNE is a leading advo- To do what they could do United Nations Secretariat. Mr. Sevan, a na- cate of education and has played an instru- Sometimes they even gave their life tional of Cyprus, is the recipient of the Life mental role in the passage of key legislation For the likes of me and you Time Achievement Award presented by the But now that they’re in heaven aimed at improving elementary and secondary Cypress Federation of America. If they hear a fire call schools. This award is given to an individual that has They would try so hard to come back Congressman PAYNE has also worked dili- And bravely save us all shown how valuable and effective they have gently on important issues like healthcare and There are so many people been during their time with the United Nations. the environment. Congressman PAYNE was a With lives that are much brighter It is clear to me that Mr. Sevan is truly deserv- major influence in directing attention towards Just because a call was answered ing of this award because of his dedication the AIDS epidemic and the rising incidence of By a firefighter and diligence with every project that he has tuberculosis in many nations. He has also de- taken on. Over the years, Mr. Sevan has voted much time and energy to the elimination Thank you Ernest Fodor for remembering, worked in several departments at the U.N. and of poverty and was a key sponsor of the min- and for your inspired words. has held several positions within the U.N. Sec- imum wage increase and the Family and Med- retariat.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.003 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1917 Mr. Sevan first began at the United Nations first of many patented machines which devel- A TRIBUTE TO ALAN AND KRIS- in 1965 where he worked in the department of oped products including glass building blocks, TINE YEADON OF JEROME, MI, Public Information until 1996. In 1973 he tumblers, plywood, paper cups, metal cans, FOR THEIR WORK WITH FOSTER joined the Secretarial of the Economic and So- television tubes, flat electronic display panels, CHILDREN cial Council and served as secretary of the corrugated boxes, lab glassware, plastic soft council from 1982 until 1988. drink bottles, medicine vials, glass cookware, HON. NICK SMITH In May of 1989 Mr. Sevan was appointed to plastic and glass containers for food and bev- OF MICHIGAN the position of the Secretary-General’s Per- erages, and materials for range tops and tele- IN THE HOUSE OF REPRESENTATIVES sonal Representative in Afghanistan and Paki- scope mirror blanks. stan. A year later he was asked to serve, con- Tuesday, September 30, 2003 currently, as the Secretary-General’s Rep- The company’s sharp minds developed Mr. SMITH of Michigan. Mr. Speaker, I rise resentative on the implementation of the Ge- many innovations we know today and use in today to honor Alan and Kristine Yeadon of neva Accords on Afghanistan. In 1991, Mr. our everyday lives including the method for Jerome, MI. The Yeadons have been selected Sevan took on yet another duty when he as- fusing graphics onto bottles, squeezable dis- to receive the National ‘‘Angels in Adoption’’ sumed responsibility for the overall direction pensers for foodstuffs, disposable and recycla- Award for their tireless effort to care for the and administration of the Office for the Coordi- ble bottles, child-proof medicine bottles, tam- children of Michigan. On this date, September nation of the United Nations Humanitarian and per-resistant containers, plastic toothpaste 30, 2003, the Congressional Adoption Institute Economic Assistance Programs in Afghani- pumps, microwavable food containers, barrier will present this award at ceremonies in the stan. shields to prevent the release of carbonation Ronald Reagan Building in Washington, DC. From August of 1992 until March of 1994 he for plastic soft drink bottles, the design of 2 Alan and Kristine have their home in Som- served as Assistant Secretary-General and liter bottles and many other types of bottles, erset Township, MI and are active participants Deputy Head of the Department of Political Af- and even the ‘‘clamshell’’ packages for at Somerset Congregational Church. Alan is a fairs. In 1997 Mr. Sevan was appointed as the McDonald’s hamburgers. successful engineer. More importantly, how- Executive Director of the Iraq Program. Prior ever, Alan and Kristine have fostered children to this position he served as Assistant Sec- Within twenty years of the founding of for the last 3 years. In that time they fostered retary-General for Conference and Support Owens Bottle Machine Company, machines 13 children and raised five of their own. Services and United Nations Security Coordi- manufactured 94 percent of the bottles. This When Alan and Kristine Yeadon first applied nator, which he carried out until 2002. Since innovation pleased the National Child Labor for foster parenthood they asked for children 1992 Mr. Sevan served as the Special Envoy Committee, which in 1913 praised the Toledo younger than their own. Their oldest child at of the Secretary-General for issues related to technological advance in reducing child labor. the time was 12. Their first placement turned missing persons in the Middle East, where he The labor saving machines were also bene- out to be three teenage children and an infant! engaged in preventive diplomacy and medi- ficial to the glassblowers, whose profession The Yeadons quickly found that older children ation in the world’s trouble spots. when practiced manually was devastating to were a good fit for their family. Currently, chil- Once again, Mr. Speaker, I would like to their health. dren ranging from 1–15 years old live in their congratulate Mr. Sevan on his Lifetime By 1920, the Owens Bottle Company was home. Achievement award. I would like to thank Mr. the nation’s largest bottle manufacturer, and They began their foster parenthood after Sevan for nearly 40 years of service to the Toledo earned its nickname as the ‘‘glass cap- seeing firsthand the great need for parents. international community and I ask my col- Kristine’s parents took in foster children. Alan itol of the world,’’ a moniker still proudly borne leagues to rise with me in honoring the distin- participated in the Kinship program. They had today. guished Benon V. Sevan. the time, concern, and love to share with chil- f In 1930, several years after the deaths of its dren and their families. Today, the Yeadons founders, an acquisition of the Illinois Glass are adopting a daughter to add to their ever- HONORING THE OWENS BOTTLE Company brought William Levis on board. Mr. changing family. MACHINE COMPANY Levis’ contributions to the success of the They have had many successes. Some chil- newly christened Owens-Illinois Company are dren returned to a better life with their biologi- HON. MARCY KAPTUR widely held to be as significant as its found- cal parents, some were placed with relatives, OF OHIO ers’. During the depths of the Great Depres- and others are ready for adoption. In addition IN THE HOUSE OF REPRESENTATIVES sion in 1930, Owens-Illinois made $2.7 million. to helping these foster children, Alan and Kris- Tuesday, September 30, 2003 He foresaw the end to Prohibition, and was tine believe that this experience benefited their ready to capture the market on glass bottles own children. ‘‘All of our children have made Ms. KAPTUR. Mr. Speaker, one hundred when alcohol production resumed in 1933. many adjustments along the way. It has not years ago in Toledo, Ohio a revolution took William Levis invested heavily in glass always been easy for them but the lessons place. In September 1903, a machine allowing fiberization technology, leading to the develop- they have learned and the great amount of the mass production of glass bottles changed ment of another well-known Toledo company, compassion, understanding, acceptance, and the industry, and it changed the world as ‘‘the flexibility they now possess will stay with them most significant advance in glass production in Owens-Corning. He also brought Toledo’s Libbey Glass Company into the fold. always.’’ over 2,000 years’’ as noted by the American On behalf of Congress, I offer our thanks Society of Mechanical Engineers. The com- By 1950, Owens-Illinois was the largest and congratulations for their tireless efforts to pany that grew out of this invention, Owens-Il- glass bottle manufacturer in the world. With help others. It is their kind of dedication that linois, is celebrating its centennial anniversary. factories all over the world, employment world- makes America great. At the dawn of the last century, Michael J. wide reached 80,000 people including sci- f Owens was a young glass blower working in entists, researchers, skilled labor, and man- Toledo’s Libbey Glass factory. Another inven- agement. Today its signature building, a glass IN RECOGNITION OF MR. JOHN C. tive visionary and civic leader, Edward Drum- skyscraper in downtown Toledo, stands as a RAKKOU mond Libbey became Mr. Owens’ primary monument to its zenith years. backer as Mr. Owens developed his idea for HON. FRANK PALLONE, JR. the complete mechanization of glass bottle Even though the company declined some- what during the 1980s years of hostile cor- OF NEW JERSEY making. Though machines were patented in IN THE HOUSE OF REPRESENTATIVES the latter half of the nineteenth century, all re- porate takeovers, Owens-Illinois remains a lied heavily on human toil. In 1903, Michael J. viable leader on the world market stage and Tuesday, September 30, 2003 Owens patented a fully automated ‘‘bicycle one of Toledo’s principal companies. One of Mr. PALLONE. Mr. Speaker, I rise today to pump’’ which operated in a similar fashion to every two bottles produced worldwide is made laud the accomplishments of Mr. John C. this machine. The Owens Bottle Machine by Owens-Illinois or one of its subsidiaries. It Rakkou as a businessman and a dedicated Company was incorporated on September 3, is Toledo’s second largest company as it be- member of his community. Mr. Rakkou is the 1903. gins its second century of operation. I am President and CEO of the Interbank of New In two years, the company was able to proud to salute its workforce past and present. York and the recipient of this year’s Humani- begin commercial sales with a machine that America looks forward to the creative tech- tarian and Philanthropic award presented by could make ten bottles per minute. It was the nology of its future. the Cyprus Federation of America.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.007 E30PT1 E1918 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 Mr. Rakkou was born on April 17, 1938 in year, Dorothy Biddle decided to offer a be- TRIBUTE TO ADMIRAL ROBERT J. the small town of Korisos in the prefecture of quest to the Wauseon Rotary in order to fulfill NATTER, U.S. NAVY, COM- Kastoria, Greece. He received his first college this 14 yearlong dream. Long a supporter of MANDER, U.S. FLEET FORCES degree in forestry in 1959 and later honored youth activities and opportunities, Mrs. Biddle COMMAND, COMMANDER, U.S. his country by serving in the Royal Army of is donating the astounding sum of ATLANTIC FLEET Greece until he was honorably discharged in $1,254,000.00 for the completion of the park. 1961. After marrying his wife in September of This gift numbers among the largest ever re- HON. IKE SKELTON 1961, the couple immigrated to the United ceived by any Rotary organization. OF MISSOURI States in 1962. In pursuit of higher education, IN THE HOUSE OF REPRESENTATIVES Now the park, which will feature baseball Mr. Rakkou enrolled at The City University of Tuesday, September 30, 2003 New York where he received his Bachelor’s diamonds, soccer fields, and walking trails on Degree in Economics. He later completed his 73 acres of land will bear the name of Mr. SKELTON. Mr. Speaker, I rise today to Masters Degree in Economics from CUNY. Wauseon’s most treasured citizen, who though recognize the dedication, public service and After graduation, and with the addition of she has traveled around the world still con- patriotism that personified the Naval career of two children to his family, Mr. Rakkou joined siders her hometown to be ‘‘the best place in Admiral Robert J. Natter, United States Navy. Admiral Natter is currently serving as the the Atlantic Bank of New York, initiating there- the world to live.’’ Children of the future will Commander, U.S. Fleet Forces Command and by a long and successful career in banking. see by her example what one person can do While there he stood out amongst his col- Commander, U.S. Atlantic Fleet, and he will for her community when the Dorothy B. Biddle soon retire from the Navy after more than 37 leagues for his dedication, extreme work ethic, Park remains as a living testament to a truly and overall performance, which subsequently years of distinguished service wearing the uni- remarkable lady. Thank you, Dorothy, for your form of our Nation. contributed to his professional advancement to beneficence and civic-minded patriotism. I have had the pleasure to know the Natter Executive Vice President in charge of the family for nearly 16 years and have personally Commercial Lending Activities Division of the f worked with the Admiral on a variety of impor- bank. Mr. Rakkou’s past performance, degree tant issues affecting the Navy and the U.S. of expertise, and dedication to his profession IN SUPPORT OF SSG WILLIAM L. military, so it is with great pride and admiration were more effectively demonstrated in 1993, MURWIN AND H.R. 2998 that I honor a dear friend as he begins the when he joined, as President and C.E.O., the next chapter of his life. Interbank of New York. It was at this small I first met Bob in 1981 when he was a com- community bank, where Mr. Rakkou found HON. JON C. PORTER mander. I hired him as a military fellow on my pleasure in serving his community by creating staff and assigned him to work all of my legis- OF NEVADA and providing jobs for community members lative issues on the Armed Services Com- and contributing to the economic improvement IN THE HOUSE OF REPRESENTATIVES mittee. I was impressed with how quickly Bob of the area. became an expert at the complicated legisla- Mr. Rakkou furthered his genuine love for Tuesday, September 30, 2003 tive and budget processes. In hindsight, it is his neighbors, by joining the Community Board Mr. PORTER. Mr. Speaker, I rise today in clear to me that the Navy afforded Com- of St. Spyridon Church in Washington Heights, mander Natter this position because they strong support of H.R. 2998 offered by my where he was elected president for 2 con- knew he was flag officer material, and this friend and colleague, the distinguished Chair- secutive years. He served for several years as professional development opportunity would a member of the School Board of the Th. man of the Appropriations Committee, Mr. serve Bob and the Navy well. It did. Tsolainos and C. Goulandris Parochial School YOUNG of Florida. This vital legislation will During the years following the 1991 in New York. Mr. Rakkou was appointed to the benefit thousands of our men and women in Tailhook Convention, the Navy was struggling Board of Trustees of the St. Michael’s Home uniform, including one brave Nevadan in par- to repair its reputation. At this critical time for the Aged in Yonkers, NY, and served as ticular, Staff Sergeant William L. Murwin. Rear Admiral Natter was assigned as Chief of treasurer for 3 years. In addition to these and Staff Sergeant Murwin is a Marine Reservist Legislative Affairs. His wartime and oper- many other accomplishments, in 2002 Mr. from Nevada whose unit was activated for ational experience gave him instant credibility. Rakkou was honored with the Ellis Island But it was Admiral Natter’s knowledge of service in Operation Iraqi Freedom. While in Medal of Honor, an award that pays tribute to Washington and the Hill along with his candor, Iraq, he was injured while patrolling with his individuals who have made outstanding con- confidence and demeanor that helped navi- tributions to America. unit. Sergeant Murwin suffered grave injuries, gate the Navy through those rough waters and Once again, Mr. Speaker, I would like to and was evacuated to the United States for rebuild and restore the Navy’s reputation. congratulate Mr. Rakkou for his tireless dedi- treatment. He received care and treatment for A native of Trussville, Alabama, Admiral cation to his community both professionally a month at Walter Reed Army Hospital in Natter grew up in a family of true American and civically, and I ask that my colleagues rise Washington, DC, and was then released from patriots. One of nine children, seven boys and and join me in honoring the distinguished Mr. active duty and returned to Nevada. He was two girls, all seven sons joined the military as John C. Rakkou. deeply shocked to receive a bill from the Fed- six naval officers and one Air Force officer. f eral government for more than $200 for the After enlisting in the Naval Reserve, Bob food he received while being treated for his Natter chose the Naval Academy as his com- HONORING DOROTHY B. BIDDLE combat injuries. missioning source graduating in 1967. After a few tours at sea, he was sent to Vietnam for HON. MARCY KAPTUR Fortunately for Staff Sergeant Murwin, Mr. duty on riverboat patrols where he learned first OUNG OF OHIO Y and his wife Beverly visited Walter hand the harsh realities of war. While serving IN THE HOUSE OF REPRESENTATIVES Reed and personally paid Sergeant Murwin’s as the Officer in Charge of a Naval Special bill. Then, motivated by his desire to make Warfare detachment, Lieutenant Natter was Tuesday, September 30, 2003 sure this did not happen to any service mem- seriously injured when his special operations Ms. KAPTUR. Mr. Speaker, Dorothy Biddle ber ever again, BILL YOUNG introduced H.R. team came under attack. He then earned both is a very special lady in the hearts of the resi- 2998 to ban this practice forever. I am proud the Purple Heart and Silver Star for his heroic dents of Fulton County, Ohio and her home- to be a co-sponsor of this legislation, and urge actions. His experiences in Vietnam instilled in town of Wauseon. Proud to call her friend my- every Member of the House to become a co- him the true meaning of leadership, strength- self, I am pleased to note an action recently sponsor of this vital, non-partisan legislation. ened his desire to serve, and solidified his taken by this gracious centenarian, a wonder- reputation as a strong leader and most capa- ful and lasting gift she gave to her community. On behalf of the people of Nevada, I want ble warrior. For many years, Wauseon has been work- to thank Chairman and Mrs. Young for the Throughout his career, Admiral Natter held ing to establish a ballpark. The ‘‘Field of service and compassion they have shown Ser- many positions of great responsibility including Dreams’’ has been a goal of the community geant Murwin and all of our men and women command of USS Chandler (DDG 996), USS and special project of the Wauseon Rotary. in uniform. I am proud to serve in the House Antietam (CG 54), and Commander of the Mrs. Biddle’s husband, Clark, was a Rotarian with Chairman YOUNG and hope that he con- United States Seventh Fleet. In June 2000, until his passing, and she has remained in tinues his career of public service here for Admiral Natter assumed duties as Com- touch with the group’s activities. In her 105th many years to come. mander, U.S. Atlantic Fleet where he was

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.011 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1919 charged with providing fully trained, combat TRIBUTE TO ARCATA ASSOCIATES that he had not yet been charged with any ready forces to support United States and FOR RECOGNITION AS NASA’S crime. On August 27, 2002 Mr. Bruzon Avila NATO commanders in regions of conflict MINORITY SUBCONTRACTOR OF and 26 others began a second hunger strike throughout the world. THE YEAR to demand they be informed of the charges against them or released at once. On September 11, 2001, the world changed. As America prepared to go to war, I for one, HON. ROBERT E. (BUD) CRAMER Mr. Bruzon Avila’s health has been rapidly OF ALABAMA deteriorating. According to reports, Mr. Bruzon was pleased to know that Admiral Natter was IN THE HOUSE OF REPRESENTATIVES Avila is suffering from vitamin deficiency, he is leading the Atlantic Fleet’s 160,000 Sailors Tuesday, September 30, 2003 losing his vision, and he can no longer move and Marines, 162 ships and 1,200 aircraft, as his right arm. Mr. Speaker, Mr. Bruzon Avila is Mr. CRAMER. Mr. Speaker, I rise today to well as 18 major shore stations providing train- dying in Castro’s gulag. ing, maintenance and logistics support. congratulate an outstanding company, Arcata Associates, Inc., for being named the 2003 Mr. Speaker, Leonardo Miguel Bruzon Avila Then on October 1, 2001, Admiral Natter NASA Minority Subcontractor of the Year. is in a dungeon because he desires freedom was assigned additional responsibility as the Arcata, which employs a number of people in for Cuba. If Mr. Bruzon Avila continues to de- first Commander of the newly established U.S. my Northern Alabama congressional district, teriorate, he will die for his love for a free Fleet Forces Command, which is responsible provides important services used at NASA’s Cuba. for manning, equipping and training all Atlantic Marshall Space Flight Center and across all of My colleagues, we must cry out for the im- and Pacific Fleet ships and aircraft squadrons. NASA. mediate release of Leonardo Bruzon Avila and His strong and dynamic leadership inspired At- Arcata CEO and President Tim Wong ac- all prisoners of conscience in the totalitarian lantic Fleet Sailors, officers, and civilians to cepted this award on behalf of all the Arcata Cuban gulag. employees for their outstanding subcontracted perform their best and contribute their utmost work providing interactive. multimedia serv- f during a time of unprecedented military action ices, imaging services, and audio/visual com- that resulted in the overwhelming success in munications under the Program Information BENJAMIN FRANKLIN COMMEMO- the wars in Afghanistan and Iraq. Systems Mission Services Contract, and RATIVE COIN ACT OF 2003 Admiral Natter’s was truly an amazing ca- video/voice teleconferencing support under the reer that was recognized by numerous per- Consolidated Space Operations Contract. HON. MICHAEL N. CASTLE sonal awards and decorations. In addition to Under the leadership of Tim Wong, and with strong guidance from Mark Emery, the Hunts- OF DELAWARE the Silver Star and Purple Heart, Admiral ville site has helped Arcata Associates be- Natter’s personal decorations include three IN THE HOUSE OF REPRESENTATIVES come a model for small businesses in North awards of the Distinguished Service Medal, Alabama and across our Nation. The first-rate Tuesday, September 30, 2003 the Defense Superior Service Medal, five services that they provide to Marshall and all awards of the Legion of Merit, the Bronze Star Mr. CASTLE. Mr. Speaker, I rise today to in- of NASA play a vital role in the success of our troduce the ‘‘Benjamin Franklin Commemora- Medal with Combat V, two awards of the Meri- Nation’s space and aeronautics programs. tive Coin Act of 2003.’’ This legislation will di- Mr. Speaker, today I wanted to take this op- torious Service Medal, the Navy Commenda- rect the Secretary of the Treasury to produce portunity on behalf of the people of North Ala- tion Medal with Combat V, and the Navy a limited edition silver coin to honor the many bama, to congratulate Tim Wong, Mark Achievement Medal with Combat V. He was achievements of Ben Franklin and celebrate Emery, and all the employees of Arcata Asso- also a distinguished graduate of the U.S. the anniversary of his 300th birthday in Janu- ciates, Inc. on a job well done and for being Naval War College, and he earned Masters ary 2006. named the 2003 NASA Minority Subcontractor Degrees in Business Management and Inter- of the Year. Ben Franklin was one of the most remark- national Relations. And, he was honored as able of our founding fathers; he made historic f the fifth recipient of the Naval War College’s contributions to our nation in a number of annual Distinguished Graduate Leadership FREE LEONARDO MIGUEL BRUZON fields: government, business, science, commu- Award. AVILA nications, and the arts. Mr. Speaker, as I stand before you in the great halls of Con- His career clearly speaks for itself. Admiral HON. LINCOLN DIAZ-BALART gress, it is notable to recognize that Franklin Natter personifies the Navy’s core values: OF FLORIDA was the only Founding Father to sign all of our Honor, Courage, and Commitment. But, what IN THE HOUSE OF REPRESENTATIVES nation’s organizational documents. his bio doesn’t tell you is that through it all, Tuesday, September 30, 2003 It is fitting to honor Franklin with a com- Bob was, above all, a family man. He is a lov- Mr. LINCOLN DIAZ-BALART of Florida. Mr. memorative coin, as his role in the early years ing husband to his beautiful wife Claudia, and of currency cannot be overlooked. During the a dedicated father to his three children Kelly, Speaker, I rise today on behalf of a political prisoner in Cuba. Today I ask Congress to re- American Revolution, Franklin designed the Courtney and Kendall. Anyone that knows member the name Leonardo Miguel Bruzon first American coin, the ‘‘Continental’’ penny. Bob, knows that he lives for his family and his Avila. He also played a major role in the design of children are truly the ‘‘glimmer in Dad’s eye.’’ Mr. Bruzon Avila is currently incarcerated the Great Seal of the United States, which ap- pears on the one dollar bill. Franklin was the Admiral Natter is a family man, a patriot, a without trial in Castro’s inhumane prison sys- printer of official currency for the colonies of hero, and a superb naval officer who, through- tem because he desires freedom. Mr. Bruzon Avila is the president of the 24th of February my great state, Delaware, as well as Pennsyl- out his naval career, led with courage and in- vania, New Jersey and Maryland. Further- tegrity. His leadership and performance in Movement, named for both the commence- ment of the glorious Cuban War of Independ- more, the official United States half dollar from peacetime and war were instrumental in the ence in 1895, and the day in 1996 when two 1948 to 1963 bore Franklin’s portrait. Until success of the Navy and outstanding support civilian aircraft carrying four members of the 1979, Benjamin Franklin was the only non- for naval forces throughout the world. Thanks Brothers to the Rescue movement were shot president of the United States whose image to his inspirational leadership and selfless down over international waters by the Cuban graced circulating coin and paper currency. dedication to duty, our Navy has remained dictatorship’s fighter jets. The 24th of February In 2002, the United States Congress passed second to none. movement desires and struggles for freedom the ‘‘Benjamin Franklin Tercentenary Act’’ to So, as Admiral Natter moves into retirement in Cuba. create a panel of distinguished Americans to Mr. Bruzon Avila was jailed on February 22, commemorate Franklin’s 300th birthday in with Claudia, our Nation and Navy owe him a 2002, two days before he was set to peace- 2006. I am proud to serve as a member of the debt of gratitude for his superb service. I wish fully commemorate the day when Castro’s re- Benjamin Franklin Tercentenary Commission him fair winds and following seas as he con- gime murdered four innocent human beings in which was created to honor a true American cludes his distinguished career. 1996. Mr. Bruzon Avila has yet to be taken to statesman. I urge my colleagues to cosponsor trial. this legislation and look forward to working Mr. Bruzon Avila began his first hunger with the Financial Services Committee to bring strike on March 15, 2002 to protest the fact this bill to the House Floor.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.015 E30PT1 E1920 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 TRIBUTE TO MURRAY WILSON Detroit Field Office where he served for over H.R. 13 contains a provision that will amend 31 years. the Arts and Artifacts Indemnity Act to in- HON. MIKE PENCE In 1986, Joe joined the management ranks crease maximum limits on liability amounts. OF INDIANA when he was promoted to Supervisory Special It is important to pass this provision that IN THE HOUSE OF REPRESENTATIVES Agent (SSA) and placed in charge of the would raise the cap so that museums are able Great Lakes Organized Crime and Drug En- to obtain valued exhibitions from overseas. Tuesday, September 30, 2003 forcement Task Force and in 1988 he became The current cap is preventing museums Mr. PENCE. Mr. Speaker, in the sixth Con- the supervisor of the Organized Crime squad, from receiving the total amount of indemnity gressional District of Indiana there are so the post from which he made what are per- coverage that they need, forcing them to buy many warm-hearted people doing good things. haps his most significant contributions, the commercial insurance. Many museums simply These exceptional individuals who have a pas- post from which he retires on September 30, cannot afford commercial insurance. sion for doing good deeds are Hoosier heroes. 2003. This provision will allow museums to con- Hoosier heroes because they reiterate that During his tenure as the SSA of Detroit’s tinue benefiting from the Arts and Indemnity one person can make a difference through legendary C–8 squad, Joe supervised the or- Program, which has benefited millions of dedicating their lives to helping others. ganized crime investigation code named Americans by allowing valuable works of art to Murray Wilson of Albany, Indiana is a Hoo- ‘‘GAMTAX’’. His supervision and direction of travel to U.S. Museums. sier hero. Murray has dedicated the past this long and arduous investigation resulted in Several museums in Minnesota, including twelve years of his life to raising support for some of the most significant organized crime the Walker Art Center and the Minneapolis In- local charities in the district. It is not often that convictions and forfeitures in the history of the stitute of Art will be able to continue borrowing someone, such as Murray takes time out of FBI. This investigation focused on the Detroit exhibitions from all over the world. their day to work tirelessly helping others. Family of La Cosa Nostra, an extremely active Murray spends countless hours writing let- criminal enterprise for at least 30 years with Mr. Speaker, I urge all Members to support ters, rounding up pledges, participating in criminal roots going back to the Prohibition this very important bill. walks, and raising support for his drives. Many era. The information developed during the well-honored charities have benefited from course of this massive investigation allowed f Murray’s dedication, such as the March of agents to prevent several murders and as- 100TH ANNIVERSARY OF OBER, Dimes, American Cancer Society, the Amer- saults. Supervisory Special Agent Finnigan KALER, GRIMES AND SHRIVER ican Heart Association, and the list goes on. met face to face with LAN Boss Jack Tocco LAW FIRM Thus far this year Murray is one of the top and told him that he would be held personally fundraisers in the state of Indiana for the responsible for any harm caused by him or his March of Dimes. mob associates. HON. BENJAMIN L. CARDIN This summer he was able to meet Maggie In 1996, a Michigan Federal Grand Jury OF MARYLAND Peterson from the television show Andy Grif- charged the entire hierarchy of the Detroit IN THE HOUSE OF REPRESENTATIVES fith who was touched by Murray’s generosity LAN with 25 counts of racketeering. ‘‘Capo’’ and sponsored him $100 for the March of Vito Giacalone became the first member to Tuesday, September 30, 2003 Dimes drive. publicly acknowledge his LAN membership Mr. CARDIN. Mr. Speaker, I rise today to Murray Wilson’s giving spirit continues to and the existence of the Detroit LAN when he pay special tribute to one of Baltimore’s lead- make a difference through his actions. Soon, pled guilty to the charges. ‘‘Capo’’ Anthony ing law firms—Ober, Kaler, Grimes and Shriv- Hoosiers all across the state of Indiana will be Giacalone, one of two people Jimmy Hoffa er—as it celebrates its 100th anniversary. The able to read Murray’s story, which is to be re- was supposedly waiting to meet when he mys- firm was founded in 1903 when Stuart S. leased this month by author Ray Rice, ‘‘Indi- teriously disappeared was also indicted, but Janney and Albert C. Ritchie merged their ana’s Own, Stories From the Heart,’’ describ- died of kidney disease before being brought to practices into Ritchie and Janney. ing 50 inspirational stories from Indiana’s own trial. LAN Boss Jack Tocco, whose only pre- After World War I, the firm became Ritchie, award-winning television segment. vious conviction was for attending an illegal Janney, Ober and Williams when Frank B. Mr. Speaker, Murray Wilson continues to cockfight, was convicted of racketeering and Ober and Robert Williams joined the practice. strive to help others by reaching out and lend- extortion and sent to prison. Another merger in 1969 changed the name to ing a helping hand. And for that reason Mur- SSA Joe Finnigan has received letters of Ober, Grimes and Shriver. The current name ray Wilson of Albany, Indiana, is a Hoosier commendation from every FBI Director, con- of the firm—Ober, Kaler, Grimes and Shriv- hero. sistently received top job performance re- er—resulted from a merger in 1983 with the f views, and has garnered many letters of ap- Washington, D.C. firm of Kaler, Daniel, preciation from the United States Attorney’s Worsley and Hollman. HONORING SUPERVISORY SPECIAL Office and the United States Department of Most often referred to as Ober/Kaler, this AGENT JOSEPH F. FINNIGAN Justice. He has earned and kept the respect law firm has produced two Maryland gov- of his law enforcement colleagues and has ernors. In 1920, Albert Ritchie left the firm to HON. MIKE ROGERS diligently protected the citizens of the great begin an unprecedented 16-years as governor OF MICHIGAN State of Michigan and the citizens of this great of Maryland. He returned to the firm after re- Nation with enthusiasm, dedication and pride. IN THE HOUSE OF REPRESENTATIVES jecting President Franklin D. Roosevelt’s invi- Supervisory Special Agent Joseph M. Tuesday, September 30, 2003 tation to be his vice presidential running mate. Finnigan has exemplified the very finest tradi- Gov. Robert Ehrlich, the current governor of Mr. ROGERS of Michigan. Mr. Speaker, I tions of the FBI by adhering to the traits that Maryland, practiced law for 12 years at Ober/ rise today to honor a distinguished FBI Special make up the Bureau’s motto: ‘‘Fidelity, Brav- Kaler. Agent from the Bureau’s Detroit Division on ery, and Integrity.’’ Mr. Speaker, I ask that my the occasion of his retirement. On February 5, Colleagues join me in recognizing Joe for his Ober/Kaler is a lawyer’s law firm. With more 1970, Joseph F. Finnigan entered on duty as service to our country and offering our best than 120 lawyers, and offices in Washington, a clerk for the Federal Bureau of Investigation. wishes on the occasion of his retirement. D.C., Maryland and Virginia, the firm serves a On March 15, 1971, in response to a call from national and international roster of clients in f Director J. Edgar Hoover for an additional litigation, regulatory and transactional issues, 1000 agents, Joe was sworn in, sent to new H.R. 13—MUSEUM AND LIBRARY as well as various other areas of the law. It agents training class, and began what proved SERVICES ACT provides outstanding legal advice to both busi- to be an exemplary career as a Special Agent. nesses and individuals, including clients en- From June, 1971 until August of 1972, Spe- HON. BETTY McCOLLUM gaged in health care, construction, equipment leasing, banking, secured financing and other cial Agent Finnigan was assigned to the Chi- OF MINNESOTA industries. cago Field Office and investigated a variety of IN THE HOUSE OF REPRESENTATIVES criminal matters. It was during this period that I hope my colleagues in the U.S. House of Joe first began investigating organized crime, Tuesday, September 30, 2003 Representatives will join me in saluting Ober, a pursuit that would become his specialty and Ms. MCCOLLUM. Mr. Speaker, I rise today Kaler, Grimes and Shriver as it celebrates 100 career highlight in later years. In August of in support of H.R. 13, to reauthorize the Mu- years of providing its clients with excellent 1972, Director Hoover transferred Joe to the seum and Library Services Act. legal advice.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.019 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1921 HONORS FOR DR. JOEL FELDMAN In his capacity as president of the Sephar- and baseball. In addition, Mr. Hammar was a AND EDMUND SHAMSI dic synagogue in Boston, Ed provides leader- skilled outdoorsman, participating in bass fish- ship for the Boston community at large. To ing tournaments, trap-shooting events, and supplement this niche, Ed also serves as black powder musket shoots. Mike Hammar HON. BARNEY FRANK president of Boston Group Development, Inc. OF MASSACHUSETTS and develops and manages real estate prop- also was talented in the world of music, play- IN THE HOUSE OF REPRESENTATIVES erties in the United States, Israel and the ing with several local blues and county bands. Tuesday, September 30, 2003 Ukraine. To date, Ed still holds residences in He was a gifted songwriter and accomplished Brookline, MA and Jerusalem, Israel. musician, proficient on several different instru- Mr. FRANK of Massachusetts. Mr. Speaker, ments, but enjoying lead guitar and bass the I have been greatly honored over the past ROFEH INTERNATIONAL DISTINGUISHED most. several years to be able to share with my col- SERVICE AWARD In 1961, Mike Hammar moved to Atwater, leagues and the country the great respect I Dr. Joel J. Feldman was born in New York, California, and while attending Atwater High have for the work of the New England NY in 1943. He spent his childhood years School he met his future wife, Joyce Cabezut, Chassidic Center, and of ROFEH Inter- growing-up in Great Neck, Long Island, NY. and after their marriage, Mr. Hammar was A Dartmouth College and Harvard Medical national. Under the leadership of Grand Rabbi welcomed with open arms into a new larger Levi Horowitz, both of these institutions pro- School graduate, Dr. Feldman completed his general residency at Massachusetts General family, as the Cabezuts loved him as one of vide significant service to the people of Great- Hospital and his plastic surgery residency at their own. er Boston. ROFEH International, founded Johns Hopkins Hospital in Baltimore. He is Mr. Hammar, a tribal member of the Creek under the Rabbi’s leadership, plays an ex- currently a member of the American Asso- Nation of Oklahoma, was best known for his traordinarily important role in helping people ciation of Plastic Surgeons (AAPS), and service to local and national Native American take advantage of the extraordinary medical former board member of the American Soci- organizations, where he worked tirelessly to facilities that exist in the Greater Boston area. ety of Aesthetic Plastic Surgery (ASAPS). improve the delivery of health care throughout Annually, the work of these two organizations His resume also features a past presidency at California Indian country. To this end, Mr. is celebrated at a dinner. This year that dinner the Northeastern Society of Plastic Sur- geons. Hammar diligently served many organizations will take place on November 16, in the Grand In an interview with the ‘‘Job Explainer’’ including the Southern Sierra Miwuk Nation of Ballroom of the Boston Park Plaza Hotel. The section of The Boston Globe (March 16, 2003), Mariposa County, the MACT Indian Health dinner features among other things two Dr. Joel Joseph Feldman—employee of Board, the California Rural Indian Health awards to people who have performed through Mount Auburn Hospital in Cambridge, as Board, the National Indian Health Board. He these organizations great service to others. well as Associate Clinical Professor of Sur- was also the Chief Financial Officer of the The recipients of the ROFEH International Dis- gery at Harvard Medical School—discussed California Natural Resource Foundation. tinguished Service Award and the Man of the the motivation for his concentration on fa- Mr. Hammar was no stranger to Wash- Year Award are always people of great profes- cial plastic surgery. ‘‘[T]he face is one of the ington, DC. He advocated to members of both most complicated regions of the body and sional distinction who have shown a deep that’s what the world sees,’’ he explained, his House and the Senate for support of Na- dedication to the well being of others, and ‘‘These patients have so many scars and burn tive American programs and was often con- have used their great talents to that end. marks throughout their body, [sic] restoring tacted by both states and the federal govern- This year’s Man of the Year is Mr. Edmund them to a point where they feel comfortable ment to give input on Native American issues. I. Shamsi. The ROFEH Distinguished Service is what I love to do.’’ Mr. Speaker, Mike Hammar, Sr. was a man Awardee is Dr. Joel Feldman. Mr. Speaker, Dr. Feldman devotes ‘‘a significant portion of many talents who loved to help others. His we talk often of the importance of vol- of [his] time to teaching nationally and over- endearing personality and good nature yielded unteerism in achieving the quality of life that seas.’’ He instructs aspiring plastic surgeons a wealth of warm relationships everywhere he in the latest techniques, like his own innova- all of us want in this country, and I think it is tive method for repositioning healthy tissue went or worked and he is sorely missed by all important that we share examples of this. I so as to cover facial disfigurement. those whose lives he touched. therefore ask that the biographies of Edmund Married to Diane Feldman for 37 years. Dr. Mr. Speaker, I ask that all of my colleagues Shamsi and Dr. Joel Feldman be printed here, and Mrs. Feldman met in elementary school join me in posthumously acknowledging the as an example of volunteerism at its best, and in Great Neck, NY. Diane is a professional contributions and honoring the memory of a to mark the occasion of the Annual Dinner. artist. They now live in Belmont, MA. They great Californian, an advocate for Native MAN OF THE YEAR AWARD—MR. EDMUND I. have two sons: Brad Feldman and Jeffrey Americans, and a pillar of our society, Mr. SHAMSI Feldman. Brad, age 36, is an ESPN TV inter- Mike Hammar, Sr. national league professional soccer an- Edmund I. Shamsi was born in Teheran, nouncer and currently is the TV announcer f Iran, in 1945. When Ed was four, his father— and head of communications for the New a successful business merchant—decided to TRIBUTE TO MOTHER TERESA OF England Revolution Soccer Team. Brad is make aliyah. As was the norm for Mid- CALCUTTA married to Elizabeth Graham, a government eastern families immigrating to Israel in the and community relations director for mid-century, the Shamsis found themselves Comcast. They have a 3-year-old daughter, HON. MICHAEL C. BURGESS in a refugee camp. They spent six months in Miriam—also known as Mira and The Pep- OF TEXAS Pardes Hannah and then another six months per. Brad, Liz and Mira live in Lexington, in Pardes Kats, near Tel Aviv. IN THE HOUSE OF REPRESENTATIVES The Shamsis eventually settled in B’nai MA. Dr. and Mrs. Feldman’s other son, Jeff Tuesday, September 30, 2003 is 33. He lives in Los Angeles and is a real es- Brak, where Ed attended school. In his soph- Mr. BURGESS. Mr. Speaker, I rise today to omore year of high school, Ed relocated to tate developer. Ohio, where he concluded his primary school f recognize Mother Teresa of Calcutta to honor education. Ed obtained admission to Kent her beatification by Pope John Paul II in State University and successfully completed TRIBUTE TO MIKE HAMMAR, SR. Rome, Italy on October 19, 2003. his freshman year. Responding to a greater As many of you know, Mother Teresa had call, he returned to Israel amid his studies, HON. DENNIS A. CARDOZA a profound effect on millions of lives during and enlisted in the Israeli army. OF CALIFORNIA her lifetime. She was born in Albania in 1910 Upon discharge, Ed returned to America to IN THE HOUSE OF REPRESENTATIVES and became a Roman Catholic sister in 1928. complete his education, this time at Boston After teaching to over 500 students in St. University. Ed put himself through BU by Tuesday, September 30, 2003 working as a truck driver during the sum- Mary’s School at the convent in Calcutta, she mers, as a cabdriver on vacations and as a Mr. CORDOZA. Mr. Speaker, I rise today to founded a religious order in 1948. The order, Hebrew teacher at a local synagogue. honor the memory of Mike Hammar, Sr., an Missionaries of Charity, aims to reach out to Post-graduation, Ed worked in the exemplary Californian who passed away on the poor and suffering in whatever capacity merchandizing department of Zayre Corp. August 6, 2002 at the age of 57. possible to ease their pain and provide love This kindled Ed’s interest in real estate; he Mr. Hammar was born on February 19, and hope. In 40 years, the order increased bought a single-family house at auction, de- 1945, in Bixby, Oklahoma, and he grew up in from one to more than 400 missions around veloped it and sold it. Thus, the genesis of Sapulpa, Oklahoma, where he was sur- Ed’s real estate career. the world. In 1972, Edmund married Helene. Together, rounded by a large extended family headed by Few people in our history have done more they are the proud parents of three children: his Grandfather, Legus, with whom he was ex- to aid their fellow human beings than Mother Joshua Jacob Sasson, Benjamin Elazar David tremely close. As a child, Mr. Hammar was a Teresa. Her selfless efforts have been recog- and Esther Pnina. natural athlete, excelling in football, basketball nized in numerous ways, including a Nobel

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.024 E30PT1 E1922 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 Peace Prize in 1979, the Presidential Medal of petrated by the Czarist secret police, and Bill ism, aspiring to world domination based on Freedom in 1985, and Lifetime Achievement has an international reputation as a scholar of the biblical concept of the ‘‘Chosen People’’. Award from Foundation for Hospice and anti-Semitism in Russia. He is the author of This aspiration, the Protocols purported, is to be achieved through guile, cunning and Homecare in 1985. This year she will be ac- The Soviet Cage: Antisemitism in Russia (Vi- conspiratorial devices, particularly through knowledged once again for her work by re- king, 1973) and Russian Anti-Semitism, Jewish control of the international banking ceiving the high honor of beatification. Pamyat and the Demonology of Zionism (He- system and press. Please join me in honoring Mother Teresa brew University/Harwood Academic Pub- The Protocols also played on the fear of for her countless amount of care and public lishers, 1995). Freemasons among court circles, aristocracy services she provided to the world. Mr. Speaker, I ask that Bill Korey’s excellent and the church establishment. The inter- national fraternal order of Masons, which f article from Forward be placed in the RECORD, and I urge my colleagues to give it careful and was identified with liberalism and moder- nity, was presented in the Protocols as hav- INFAMOUS ANNIVERSARY: A CEN- thoughtful attention. TURY OF THE ANTI-SEMITIC ing already been infiltrated and manipulated [From Forward, Aug. 22, 2003] ‘‘PROTOCOLS’’ by the Elders of Zion. CENTURY OF HATRED: ‘‘PROTOCOLS’’ LIVE TO In its manipulative conspiracy, the Elders POISON YET ANOTHER GENERATION were to focus on both internal, domestic HON. TOM LANTOS (By William Korey) matters and interstate relations. Within each state, they were to foster discontent OF CALIFORNIA History’s most virulent antisemitic propa- and unrest, especially among workers. By IN THE HOUSE OF REPRESENTATIVES ganda essay, ‘‘The Protocols of the Elders of promoting liberal ideas, they were to Zion,’’ was first published 100 years ago this Tuesday, September 30, 2003 produce confusion while, at the same time, week. Though the Protocols turned out to be seizing behind-the-scenes control of political Mr. LANTOS. Mr. Speaker, 100 years ago both a notorious plagiarism and a shocking parties. Drunkenness and prostitution were forgery, the essay would exercise a powerful one of the most infamous and most out- said to be vigorously encouraged and moral- impact upon the modern era, principally as a rageous forgeries in all of history first ap- ity undermined. peared—‘‘The Protocols of the Elders of Zion.’’ critical factor in generating the Holocaust. Interstate conflicts were to be stirred up The outrage is not simply because this docu- Despite its gross falsehood and the horrors through emphasis upon national differences. it sparked, the Protocols strikingly con- ment was plagiarized or because it was abso- Every effort was to be made by the Elders of tinues to be promoted today, most alarm- Zion to increase armament production and lutely and patently false. It is because this for- ingly in such important institutional set- gery was an important element in generating enhance the likelihood of warfare. The end tings as the United Nations and Middle East- game of the Zionists, according to the Proto- the vicious and mindless anti-Semitism that ern governmental media. cols, was not victory for one side but rather led to the Holocaust. The first publication to print the Protocols even greater chaos. Mr. Speaker, we in this House recently con- was the St. Petersburg newspaper Znamya— The Elders of Zion’s ultimate goal, per- demned and criticized the rising flood of anti- Russian for Banner—from August 26 to Sep- ceived to be but a century away, was the Semitism that has stained Europe in the last tember 7, 1903. Pavel Krushevan, editor of messianic age when the entire world would the paper, was known for his ultra-rightist decade when we adopted House Concurrent be united under Judaism and dominated by a antisemitic views and found common cause descendant of the House of David. The emer- Resolution 49. It is shocking and sickening with the so-called Black Hundreds, a group that just 5 decades after 6 million innocent gent structure of a Kingdom of Zion resem- active on behalf of extremist causes. bles the nightmare vision of George Orwell’s children, women and men were brutally mur- Krushevan, however, was not the author of ‘‘1984.’’ dered by the Nazi thugs, we are seeing a the Protocols. It was drafted under the prod- The only nightmare vision to result from sharp escalation in anti-Semitic rhetoric and ding and guidance of Piotr Rachkovsky, di- the Protocols, of course, was the near de- anti-Semitic violence. We have witnessed vi- rector of the Paris branch of Okhrana, the struction of European Jewry during the Hol- cious racist propaganda and physical assaults, Russian secret police. Sinister and wily, he ocaust. Both Adolf Hitler and Heinrich cultivated the art of forging letters or docu- Himmler were deeply impressed the Proto- the burning of synagogues and the desecra- ments in which Jews were targeted as revo- tion of cemeteries. cols and made it required reading for the lutionaries and anarchists striving for de- Hitler Youth. This outburst of anti-Semitic violence has its mocracy in czarist Russia. As early as 1891, With the destruction of Nazism and the roots in anti-Semitic propaganda, and unfortu- he revealed his intentions in a private letter. horrors that antisemitism had wrought, one nately the lies of the ‘‘Protocols’’ still continue The published Protocols were said to be might have expected that the Protocols to play a pernicious role in inciting vicious the secret decisions reached at a gathering of would be thrown in the trash bin of history. acts. The fact that this felonious and fallacious Jewish leaders. That gathering was initially The forgery, though, found a welcome read- document is still cited and distributed even by held to be the First Zionist Congress, which ership in Leonid Brezhnev’s Soviet Union. met in 1897 in Basel, Switzerland. Later, the The extraordinary Soviet campaign against governments which ought to know better is source was attributed to B’nai B’rith. evidence of its evil influence and the ease with Zionism reached a crescendo in 1977, with the What was stunning about the Protocols, as Soviet Academy of Science’s release of the which hate, bigotry and racism are spread. later scholarly investigation and research re- vehemently hateful publication ‘‘Inter- Although scholars, historians, and anyone vealed, was that it was lifted almost entirely national Zionism: History and Politics.’’ who would take the time to look seriously at from a forgotten political satire published in Ironically, the Communists formally the ‘‘Protocols’’ knows that the document is Paris in 1864 and written by a well-known turned to Arab sources for their anti-Zionist patently false, but there are still willing pur- democrat, Maurice Joly. propaganda. One major center of hate lit- veyors of this destructive drivel. It truly bog- Joly’s pamphlet was designed to expose the erature was based in Cairo, where Johannes repressive character of Emperor Napoleon gles the mind that Arab Radio and Television von Leers, a former employee of Joseph III’s regime, which ruled France at the time. Goebbels’s Nazi propaganda ministry, was of Saudi Arabia just 2 years ago produced a Titled ‘‘A Dialogue in Hell: Conversations spreading antisemitism under his adopted 30-part series entitled ‘‘Horseman Without a Between Machiavelli and Montesquieu About Arabic name, Omar Amin. Horse’’ which portrays the ‘‘Protocols’’ as his- Power and Rights,’’ the pamphlet made no The Protocols may have been nourished in torical fact and the basis of Israeli government reference to the Jews. Europe with its ancient traditions of Jew- policies. Furthermore, that entire 30-part se- The creator of the Protocols simply plagia- baiting, but it found new life in Egypt and ries was broadcast by a number of television rized the Joly work. Protocols 1 through 19 elsewhere in the Arab world. Egyptian Presi- stations in Egypt. strikingly correspond with Joly’s first 17 dia- dent Gamal Abdel Nasser endorsed the docu- logues. In nine cases, the borrowing amounts Unfortunately, Mr. Speaker, a full century ment in 1958. During the 1960s and 1970s at to more than half of the Joly text; in some least nine different Arabic translations were after the first appearance of the fraudulent cases, they constitute three-quarters of the published, some by the Egyptian government ‘‘Protocols,’’ the forgery is alive and well. Re- test, and in one case, Protocol 7, almost the press. In June 2001, the Egyptian paper of cently, to mark this infamous anniversary, For- entire text is plagiarized. Moreover, the very record, Al Ahram, cited one of the Protocols ward (August 22, 2003) published an excellent order of the plagiarized passages remained as specifying how Jews plan to ‘‘control the article by my friend William Korey entitled the same as in the Joly work. The main world’’ by a combination of means, including ‘‘Century of Hatred: ‘Protocols’ Live to Poison change in the shamelessly forged Protocols, the use of Freemasons. Yet Another Generation.’’ of course, was the insertion of antisemitic A major milestone for the new drive to ex- ploit the old forgery came at the 2001 United Bill Korey brings his extraordinary scholarly content and language into the Joly dia- logues. Nations World Conference Against Racism perspective to this issue, and he is uniquely Nor was the creator of the Protocols origi- held in Durban, South Africa. A table at the qualified for the task as the former Director of nal in the inserted antisemitic language. The Durban forum for nongovernmental organi- International Policy and Research at B’nai forgery rests on the traditional trope of zations displayed the Protocols. The tract B’rith. The forgery of the ‘‘Protocols’’ was per- international Jewry, or alternatively Zion- and similar racist publications so shocked

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.028 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1923 Congressman Tom Lantos of California, a join me in honoring this truly remarkable University of Kansas football team on their key figure in the American delegation and person. 35–14 victory over the University of Missouri the only Holocaust survivor in Congress, f Tigers. that he described it as ‘‘the most sickening This gridiron battle was the 112th install- display of hate for Jews I have seen since the RECOGNITION OF 10TH ANNIVER- Nazi period.’’ ment of the finest sports rivalry west of the SARY OF SISTER CITY RELA- Mississippi. The Border Wars go back to the A century after its first publication, ‘‘The TIONSHIP MANITOWOC, WIS- Protocols of the Elders of Zion’’ continues to Civil War days when ‘‘Free State’’ Kansas nourish a vibrant message of hate. One CONSIN AND KAMOGAWA, JAPAN fought raids from slave-owning ‘‘Bush- would have thought that with all that hu- whackers’’ from Missouri, the most famous of manity has learned during the past 100 years, HON. THOMAS E. PETRI which were the infamous Quantrill’s raiders, the Protocols’ appeal to ignorance would OF WISCONSIN who murdered and burned their way through have waned, if not disappeared entirely. The IN THE HOUSE OF REPRESENTATIVES Lawrence in 1863. sad truth is that as long as the forgery re- mains a best seller, the ground remains fer- Tuesday, September 30, 2003 Kansas’ honor was again courageously de- fended at Saturday’s game by the KU football tile for antisemitism. Mr. PETRI. Mr. Speaker, I rise today to con- team with their fourth win of the season. They f gratulate Manitowoc, Wisconsin, and proved to a sellout crowd of 50,071 fans that Kamogawa, Japan, on the occasion of the A TRIBUTE TO HOWARD A. RIINA, KU football is on its way to the national promi- 10th Anniversary of the formation of their sis- MD nence more usually associated with our fine ter city relationship. On August 3, 1993, Mayor basketball teams. HON. EDOLPHUS TOWNS Kevin Crawford and Mayor Toshio Honda A proud KU alumnus, I was thrilled to be at signed a Sister City Agreement in order to my alma mater last Saturday in Lawrence, OF NEW YORK forge a long-term relationship between the two IN THE HOUSE OF REPRESENTATIVES Kansas, to witness the Jayhawks take the cities. This anniversary marks a decade of lead 52–51–9 in this annual series. As the Tuesday, September 30, 2003 great friendship that has touched the lives of goalposts came down in celebration, I know Mr. TOWNS. Mr. Speaker, I rise in honor of thousands of people in a positive way and has the fear in future opponents rose. Rock Chalk, Dr. Howard A. Riina, in recognition of his out- provided years of joy through the bonds that Jayhawk, go KU! have been created. standing accomplishments in the field of medi- f cine. Since 1993, Mayor Honda has brought sev- Dr. Riina was born in Brooklyn, New York. eral delegations to Manitowoc and Mayor TRIBUTE TO ENRIQUE TORREZ From 1982 to 1987, he earned two under- Crawford has led friendship visits to AND ANGIE PATRUNO graduate degrees. He received a Bachelor of Kamogawa. Several other groups, including Science and Engineering in Bioengineering at civil servants and student musicians, have HON. EDOLPHUS TOWNS the University of Pennsylvania and a Bachelor also traveled between the two cities. On the OF NEW YORK of Arts Degree in Biology from Franklin and 8th Anniversary of the agreement, Kamogawa IN THE HOUSE OF REPRESENTATIVES delegates planted cherry blossom trees at Marshall College. After earning his medical Tuesday, September 30, 2003 degree from Temple University, Dr. Riina several Manitowoc locations as living symbols Mr. TOWNS. Mr. Speaker, today I rise to earned a Master of Philosophy degree in Mo- of this growing relationship. Manitowoc recip- recognize the wonderful union of two families. lecular Neurobiology from the University of rocated by planting sugar maple trees in On Saturday, September 20, 2003, Enrique Cambridge. Kamogawa. Since 2001, he has served as an Assistant The sister city relationship has been sup- Torrez, Jr. and Angie Patruno were married at Professor of Neurological Surgery in Radi- ported by the many industries in the City of All Saints Church in Brooklyn, New York. ology and in Neurology at Weil Medical Col- Manitowoc that rely on Japan as a major mar- Enrique, who is from the Williamsburg neigh- lege of Cornell University. Additionally, he is ket for their products. One out of six jobs in borhood of Brooklyn, and Angie, who is from an Assistant Attending Neurological Surgeon Wisconsin exists because of export trade. One the Ozone Park neighborhood of Queens, first at New York-Presbyterian Hospital, Chairman of the objectives of the partnership has been met in junior high school and have been dat- of Neurological Surgery at the Brooklyn Hos- to ‘‘internationalize’’ the youth of both cities ing ever since. The groom’s parents, Aura Ordonez and pital Center, and NYP Hospital Consultant to and prepare them to be part of the global Enrique Torrez Sr., and the bride’s parents, HSS Orthopedic Surgery/Neurosurgery. community. Through the summer student ex- Reverend Molly Golden and Dominic Patruno, Dr. Riina is also a member of several pro- change program, which was initiated in 1995, have given their full blessing to this joyous fessional committees and associations as well students from each city spend 20 days with event. including, the Congress of Neurological Sur- each other in homes in Manitowoc and then Angie has been very active in a wide range geons, the American Association of Neuro- Kamogawa learning to appreciate their respec- of civic issues in her community for about ten logical Surgeons, North American Skull Base tive customs and culture. This year, in honor of their 10th Anniver- years. She currently works for the New York Society, the Ethics Committee of the Weil Cor- sary, Mayor Crawford again traveled to City Department of Education. Enrique is also nell Medical College and New York-Pres- Kamogawa in early September and Mayor a public servant, working for the New York byterian Hospital, and the Weil Cornell Physi- Honda will visit Manitowoc in October. State Department of Corrections. cian Organization Professional Liability Pre- Today these two cities share one of the Mr. Speaker, for more than a decade, this mium Subcommittee. He is also an Associate most vibrant sister city relationships in the na- couple has already shown a deep commitment Fellow for the American College of Surgeons, tion. They are to be commended for encour- to each other, which I am confident will last a and on the Executive Committee Joint Section aging and promoting goodwill between the lifetime. As such, they are worthy of receiving of Cerebrovascular Diseases, AANS/CNS. United States and Japan. Therefore, it is fitting our recognition today. In addition to his hospital affiliations with that Manitowoc, Wisconsin, and Kamogawa, New York-Presbyterian Hospital, Hospital for f Japan, receive special recognition and appre- Special Surgery, the Brooklyn Medical Center, TRIBUTE TO DR. MORTON I. ciation on the occasion of this most memo- and St. Barnabas Hospital in Bronx, NY, Dr. RAPOPORT rable anniversary. Riina has also found the time to contribute nu- merous scholarly articles and books in the f HON. BENJAMIN L. CARDIN field of neurology. He has also been awarded CONGRATULATING THE KU OF MARYLAND the Bayer Corporation Educational Grant. JAYHAWKS FOOTBALL TEAM ON IN THE HOUSE OF REPRESENTATIVES However, arguably, his most important ac- THEIR VICTORY OVER MISSOURI complishment was saving the life of Peggy Tuesday, September 30, 2003 Haskins, a constituent of mine. HON. DENNIS MOORE Mr. CARDIN. Mr. Speaker, I rise today to Mr. Speaker, Dr. Howard A. Riina has pay special tribute to Dr. Morton I. Rapoport, OF KANSAS reached the highest levels of medicine and he former President and CEO of the University of IN THE HOUSE OF REPRESENTATIVES has used his expertise to improve and save Maryland Medical System. Dr. Rapoport has the lives of those in his community. As such, Tuesday, September 30, 2003 been recognized nationally and internationally he is more than worthy of receiving our rec- Mr. MOORE. Mr. Speaker, I rise to today to as one of the world’s top hospital administra- ognition today, and I urge my colleagues to congratulate Coach Mark Mangino and the tors. Under his leadership, the Medical System

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K30SE8.001 E30PT1 E1924 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 has made substantial improvements in the I have often said that small business is the ship, these men and women dedicate many quality of patient care and services. He also backbone of our nation’s economy and the hours of service to the communities of Opa- has been a close friend and adviser to me for heart of our communities. From the General Locka, Carol City, Liberty City and North many years on health care issues, and I have Mercantile to today’s Mom & Pop storefronts, Miami, Florida. great confidence in his judgement and insight. small businesses have been an important ve- Christ Crusaders Inc. offers a wide range of Dr. Rapoport took over stewardship of the hicle for delivering the American Dream. In ad- programs and services that benefit children, Medical System in 1984. Since then, he has dition, they are often what defines the char- the elderly, and all that fall in between. Rev- transformed the University of Maryland Hos- acter of a neighborhood, a town, or even a erend Mincey has worked relentlessly to cre- pital from a public institution with annual oper- city. In my childhood neighborhood of Wooster ate community programs that not only provide ating losses in the millions to a successful pri- Square, my grandmother, along with my moth- transportation and respite care for the elderly, vate corporation with a record of strong finan- er and aunts, ran a small pastry shop, but also offer healthcare services that many in cial performance and renowned clinical pro- Canestri’s. Many of our neighbors were also the community cannot afford. The advance- grams. The Medical System now includes Uni- involved in the family businesses which lined ment of mobile health clinics, HIV/AIDS versity Hospital, the R Adams Cowley Shock the neighborhood streets—Sally’s and Pepe’s screenings and testing, counseling services for Trauma Center, the Marlene and Stewart Pizza, Libby’s Italian Pastry Shop, Lucibello’s substance abusers and outreach programs for Greenebaum Cancer Center, Maryland’s Hos- Pastry Shop, Iovanne’s Funeral Home, and pregnant women are only a few of many pro- pital for Children, Kernan Hospital, University Lupoli’s Funeral Home are just some of those grams initiated by Reverend Mincey. Speciality Hospital, Maryland General Health which continue to thrive today. Additionally, with the intent to promote, fos- Systems and the North Arundel Health Sys- Small business comprises seventy-five per- ter and develop the welfare of underprivileged tem. cent of net new jobs added to the economy children and their working parents, Reverend Dr. Rapoport is a Baltimore native who at- annually. To date, nearly twenty three million Mincey opened three daycare centers, which tended my alma mater Baltimore City College small businesses are operating across the serve children from pre-K through 12th grade. and University of Maryland School of Medi- United States. Representing over ninety-nine She also opened the Christian University, cine. He conducted research on infectious dis- percent of all employers and employing over which offers bachelors through doctoral de- eases and served as associate dean of the fifty percent of our nation’s private workforce, grees to individuals who would not otherwise medical school before taking over as head of small businesses are not only an invaluable have the opportunity or funds to attend a state University Hospital in 1982. In 1984, Dr. piece of our heritage, but are vital to the or private university to receive an education. Rapoport was appointed President and CEO growth and prosperity of any community. We, She continues to promote the importance of of the newly created UM Medical System. as a nation, recognized that with the establish- education and personal development by pro- Before retiring, Dr. Rapoport oversaw plan- ment of the SBA. Throughout their history, the viding young adults with scholarships, and the ning and construction of the Harry and Jea- SBA has delivered nearly twenty million loans, opportunity to attend vocational schools and nette Weinberg Building, a $150 million facility loan guarantees, contracts, counseling ses- art and music schools. to house operating rooms of the future and a sions and other forms of assistance to small Under Reverend Mincey’s leadership, many new adult and pediatric emergency depart- businesses. Over the past ten years they have lives have been enhanced and many families ment. On Nov. 15, 2003, at a special gala, it helped over four hundred thousand small busi- have been helped by her dedication to pro- will be announced that the atrium in the new nesses receive loans totaling over ninety-four viding the quality services that many people Weinberg Building will be named in honor of billion dollars. Last year alone, the SBA could not possibly reach. Our entire commu- Dr. Rapoport and his wife, Rosalie. backed more than twelve billion dollars in nity is grateful to her for all her generous and I hope my colleagues in the U.S. House of loans. It has been through their assistance unselfish accomplishments. Representatives will join me in saluting Dr. that so many have been able to make their Miami-Dade County and the city of Opa- Morton I. Rapoport for his dedication, leader- dreams come true. Locka have already honored Reverend Mincey ship and vision in helping the University of Today, as we celebrate the 50th anniversary with the declaration of ‘‘Juanita Mincey Day.’’ Maryland Medical System become one of the of the SBA, I am proud to join with the Gate- She has also been honored on several occa- most respected institutions in this country and way Small Business Center and all of those sions for her hard work and angelic spirit with in the world. who have benefitted from the SBA in extend- resolutions from the Florida House of Rep- f ing my deepest thanks and appreciation for all resentatives and the State of Florida. of their good work. Our communities would not Today, I rise on the House floor of the HONORS THE SMALL BUSINESS be the same without the unparalleled contribu- United States Congress to once again honor ADMINISTRATION ON THEIR 50TH tions of the United States Small Business Ad- and thank Reverend Mincey for her leadership ANNIVERSARY ministration and its dedicated staff. and for the countless hours of selflessness f she has devoted to take care of the people of HON. ROSA L. DeLAURO our community. Thank you for all you do. TRIBUTE TO REVEREND JUANITA OF CONNECTICUT f IN THE HOUSE OF REPRESENTATIVES MINCEY HONORING JASON CROOK’S INTER- Tuesday, September 30, 2003 HON. KENDRICK B. MEEK NATIONAL KEY CLUB SPEECH Ms. DELAURO. Mr. Speaker, it gives me OF FLORIDA CONTEST WIN great pleasure to rise today to join the Gate- IN THE HOUSE OF REPRESENTATIVES way Small Business Center in celebrating the Tuesday, September 30, 2003 HON. BART GORDON 50th Anniversary of the United States Small OF TENNESSEE Business Administration. The SBA has played Mr. MEEK of Florida. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES an integral role in developing and nurturing the honor Reverend Juanita Mincey, an admirable spirit of entrepreneurs and thus, strengthening human being and one of Florida’s most in- Tuesday, September 30, 2003 the foundation of communities across the volved and effective civic activists. On Satur- Mr. GORDON. Mr. Speaker, I rise today to country. day, October 4, 2003, Reverend Juanita congratulate Jason Crook for winning the We have been especially fortunate in my Mincey will be joined by family, friends and international Key Club speech contest in Indi- home state of Connecticut where, with nearly colleagues at a reception in Miami, Florida, to anapolis, Indiana. Jason is a recent graduate seventy percent of jobs found in small busi- honor her for her dedication to her community of Blackman High School in my hometown of nesses, the SBA has forged strong bonds of and to Christ Crusaders, Inc., an organization Murfreesboro, Tennessee. partnership and—more importantly—friendship she founded which is committed to providing On July 4, Jason demonstrated his prowess with countless organizations and communities. guidance and assistance to people in need. at the podium when he traveled to Indianap- I would like to extend a special note of thanks Twenty-one years ago, Reverend Mincey olis to represent his region in the contest. and appreciation to Marie Record, Connecticut had a vision to ‘‘reach the lost at any cost and Jason spoke about the impact the club’s val- District Office Director, not only for her dedica- to service the total man: mind, body and spir- ues have had on his life. He triumphed over tion and commitment, but also for all the as- it.’’ She founded Christ Crusaders, Inc. with representatives from all 50 states and 20 sistance that she has provided to myself and just two employees, and over the past two countries. my staff over the years. She has and con- decades, Christ Crusaders has grown to 66 Jason strives to achieve excellence both in- tinues to be an invaluable resource for us all. employees. Under Reverend Mincey’s leader- side and outside of the classroom. His fellow

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.033 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1925 classmates recognized his achievements and TRANSPORTATION/TREASURY AP- of terrorism, egregious abuser of human drive when they voted him Most Likely to Suc- PROPRIATIONS BILL FY04—CUBA rights, and protector of U.S. cop killers, to ceed. He graduated as valedictorian of his enjoy the financial benefits of American tour- class, a testament to his hard work and perse- HON. STEVEN R. ROTHMAN ism. He must return Joanne Chesimard and verance. In addition to earning these acco- OF NEW JERSEY the other fugitives from American justice, lades, Jason has actively involved himself in IN THE HOUSE OF REPRESENTATIVES cease support for terrorism, end the gross the community while participating in Key Club Tuesday, September 30, 2003 human rights violations within his country, and and Eagle Scout community service projects. embrace democracy before we can welcome Mr. ROTHMAN. Mr. Speaker, I’d like to Castro among the nations of the world. Jason’s compassion is evidenced in the thank Chairman ISTOOK and Ranking Member wealth of time he has devoted to helping The Flake amendment will not create the OLVER for their fine work on this bill. I am changes we all hope for in Cuba. The amend- those who are in need. This spring, Jason proud to be a member of this Subcommittee, made Easter baskets for children in Vanderbilt ment will only make Castro and his family rich- under their leadership. I rise today in opposi- er, and send a horrible message to dictators University’s pediatric ward. While many of his tion to the Flake amendment to lift the ban on peers were relaxing during the summer of across the world. Oppose the Flake amend- travel to Cuba. There are many reasons to ment. 2002, Jason was delivering food to the sick support the ban on travel to Cuba. and elderly through his involvement with the Number one, we must remember that Cuba f Meals on Wheels program. is considered a state sponsor of terrorism by TRIBUTE TO MOTHER TERESA OF I am proud to share my hometown with the U.S. government, as are Iran, Libya, North CALCUTTA Jason. I am even prouder that he is now at- Korea, Syria, Sudan, and until recently, Iraq tending my alma mater, Middle Tennessee under Saddam Hussein’s regime. Number two, HON. FRANK R. WOLF thousands of Americans traveling to Cuba will State University. He is a truly talented young OF VIRGINIA not change the Castro regime. Today, Cana- man and a fine example of the promise and IN THE HOUSE OF REPRESENTATIVES potential of America’s youth. dians and Europeans travel to Cuba on a reg- ular basis, and the lives of average Cubans Tuesday, September 30, 2003 f have not improved. The average Cuban has Mr. WOLF. Mr. Speaker, I rise today to pay not had contact with foreigners and has not tribute to Mother Teresa of Calcutta, whose HONORING MISSOURI CORN PRO- benefited from the tourism revenue because birthday was August 27. Pope John Paul II will DUCERS AND THE PEOPLE OF the money flows directly to Castro. Instead of be beatifying her on October 19 in Rome. MID-MISSOURI ENERGY, INC. enlightening the Castro regime to respect As I reflect on her life of love and sacrifice, human rights and support democracy, we I am struck by the number of people’s lives have seen no improvement as a result of in- she was able to touch. Her work in Calcutta’s HON. IKE SKELTON creased travel to Cuba. slums illustrated her commitment to pulling Number three, on March 18, 2003, Castro’s people out of poverty by empowering them OF MISSOURI regime instituted a massive crackdown on with self esteem and the hope that change is IN THE HOUSE OF REPRESENTATIVES independent journalists and democracy activ- always possible. ists. Seventy-five activists were arrested, sub- For 50 years, Mother Teresa brought dignity Tuesday, September 30, 2003 jected to summary trials and prosecutions, and to the poor and unwanted. After finding a sentenced to prison terms ranging from 6 to Mr. SKELTON. Mr. Speaker, let me take woman dying in front of a Calcutta hospital, 28 years. Amnesty International has termed it this means to congratulate Missouri corn pro- she sat with the woman until she died. Soon ‘‘the most severe crackdown on the dissident ducers and the people of Mid-Missouri Energy, after, she began a campaign for a shelter for movement since the years following the Inc., who have tirelessly worked to form a people to die with dignity. Her life’s mission Cuban revolution.’’ Castro’s regime also exe- farmer-owned ethanol production facility in was caring for the human castoffs the world cuted three men in April who had hijacked a Malta Bend, Missouri. Folks from this coopera- wanted to forget. ferry in Havana in an attempt to reach the Her love brought hope to countless who tive will break ground on their new plant on United States. The men were executed by fir- October 4, 2003. were struggling on the brink of existence. In ing squads after summary trials that were held 1982, at the height of the siege in Beirut, she Farmers in Missouri and throughout the na- behind closed doors; four other ferry hijackers rescued 37 children trapped in a front line tion are working in fields right now to harvest received life sentences while another received hospital by brokering a temporary cease-fire their corn for the year. Many of these pro- 30 years in prison. between the Israeli army and Palestinian gue- ducers have experienced tough economic Number four, the Castro government con- rillas. times over the past several years and pro- tinues to provide sanctuary for American fugi- She recognized that, despite economic de- longed drought in the Midwest is making tives from justice. For example, take the case velopment efforts, there were people out there of Joanne Chesimard, a convicted cop killer things difficult again this year. In order to whose lives remained mired in the sorry cir- who took the life of a New Jersey State Troop- make their yields more valuable, corn growers cumstances of their birth. She opened er. On May 2, 1973, New Jersey State troop- have sought to enhance the value added na- schools, orphanages and homes for the ers Werner Foerster and James Harper pulled ture of their commodity. Ethanol, which is a re- needy, and turned her attention to the victims over Joanne Chesimard and two of her com- newable fuel that comes from corn, is an im- of AIDS as that disease increased in preva- panions in a routine traffic stop. A shoot-out portant value added product for farmers and lence. transpired, and Trooper Foerster, who had its production means a great deal to those of Her notoriety speaks to the impact of her served on the force for less than three years, us who live in middle America. love and service. Her integrity and humility was shot and killed. Trooper Harper was Mid-Missouri Energy, Inc., was created to drew large crowds and invited great affection. wounded. A jury in the United States found maximize the return on investment to its inves- As we remember the incredible work of an that Trooper Foerster had been shot in the tors by adding value to Show-Me State corn extraordinary woman, I hope that we are all back of his head, execution style, at point- production, to create economic development in challenged to live out the prayer that is in- blank range. The jury convicted Joanne central Missouri, and to foster a positive envi- scribed on the wall of her Children’s Home in Chesimard of murder and sentenced her to life ronment among its employees. The men and Calcutta: in prison. But, Chesimard escaped from prison women who make up this cooperative are in 1979, lived underground in America for a MOTHER TERESA’S PRAYER hard working Missourians who have com- few years, and soon found sanctuary in Cas- People are often unreasonable, illogical, and mitted their time and money to the success of tro’s Cuba. Chesimard continues to live in self-centered; the new ethanol production plant. I especially Cuba, free from justice. Castro has refused to . . . Forgive them anyway. applaud the efforts of Mid-Missouri Energy turn Chesimard over to the United States. If you are kind, people may accuse you of Chairman Ryland Utlaut of Alma, Missouri, for In addition to Joanne Chesimard, there are selfish, ulterior motives; his dedicated efforts. . . . Be kind anyway. 73 other fugitives from U.S. law living under If you are successful, you will win some false As farmers break ground on this new eth- Castro’s protection in Cuba, including a mem- friends and some true enemies; anol production facility, I know that Members ber of the FBI’s 10 most wanted list. . . . Succeed anyway. of Congress will join me in honoring the out- Mr. Speaker, the United States of America If you are honest and frank, people may standing work of Mid-Missouri Energy, Inc. should not allow Fidel Castro, a state sponsor cheat you;

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.036 E30PT1 E1926 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 . . . Be honest and frank anyway. United States Air Force in October 1983 and microcharacterization, such as the One-Ang- What you spend years building, someone served as a Non-Commissioned Officer with strom Microscope and the Spin Polarized Low- could destroy overnight; various police squadrons in California, Arkan- Energy Electron Microscope. The wide array . . . Build anyway. If you find serenity and happiness, they may sas, Wyoming, Korea, Japan, Alaska, Turkey, of such tools allows scientists to gain a basic be jealous; Portugal, Saudi Arabia, and the Netherlands. scientific understanding of new, energy-effi- . . . Be happy anyway. During his dedicated years of service, Sam- cient materials, as well as analyze the behav- The good you do today, people will often for- uels received the Air Force Meritorious Serv- ior of materials such as magnets, super- get tomorrow; ice Medal, the Air Force Commendation Medal conductors, ceramics, and high-temperature . . . Do good anyway. with 3 clusters, and the Air Force Achievement alloys. Recent research includes atomic-level Give the world the best you have, and it may Medal with 5 clusters. Master Sergeant An- characterization of advanced aluminum alloys, never be enough; drew R. Samuels has received 30 awards and new insights into how catalysts work, and . . . Give the world the best you’ve got any- decorations during his service with the United way. mono-atomic resolution of solids that contain You see, in the final analysis, it is between Stated Air Force. light elements such as carbon and nitrogen. you and God; In 1985 Samuels was honored with an early In addition to microscopes, NCEM’s Image It was never between you and them anyway. promotion as a Senior Airman Below the Zone Analysis Facility is designed to handle the for his excellent service. f computational needs of the Center’s users. In 1996, Samuels became the Security NCO NCEM staff design custom image processing INTERNET TAX of the year commending his commitment and and image simulation software, with the goal NONDISCRIMINATION ACT, H.R. 49 dedication to his position. of extracting structural information from im- In 2000, Master Sergeant Samuels received ages taken on the Center’s electron micro- HON. EARL POMEROY the 3 SPSS Most Valuable Person Award scopes. NCEM also provides services and along with the PACAF, Best Anti-Terrorism/ OF NORTH DAKOTA support for sample preparation. Force Protection Installation. IN THE HOUSE OF REPRESENTATIVES To chart the future of electron microscopy, In 2001 and 2002, he accepted the Air NCEM scientists are helping to pioneer the Tuesday, September 30, 2003 Force Productivity and Excellence Award and Transmission Electron Aberration-corrected Mr. POMEROY. Mr. Speaker, today the the Special Recognitions Category for the Microscope, a next-generation microscope that House of Representatives addressed H.R. 49, Commanders in Chief Installation Excellence could offer the unprecedented opportunity to the Internet Tax Nondiscrimination Act. This Award. directly observe the atomic-scale order, elec- bill would make permanent the moratorium on In 2002, Samuels received his Bachelor’s of tronic structure, and dynamics of individual internet access taxes first put into place in the Arts degree for his completion of Security Ad- nanoscale structures. With advances like Internet Tax Freedom Act (ITFA). ministration at Saint Regis University. these, NCEM will continue to lead the world in Throughout his 20-year career, Master Ser- When the ITFA was first enacted, it exempt- electron microscopy research. geant Samuels has continuously demonstrated ed 10 states that already had in place mecha- f nisms for taxing internet access. North Dakota his dedication to his profession, community, was one of those states. and family. Samuels is a loving husband to TRIBUTE TO WILLARD CANODE I have long been opposed to taxing internet Fukuko Tenma Samuels and an honorable fa- access and have consistently voted in favor of ther to his two sons, 2-year-old Rodney Sora HON. SCOTT McINNIS and 4-months-old newborn Speed Sei Sam- the moratorium on internet taxation. All prior OF COLORADO uels. extensions of the moratorium, however, have IN THE HOUSE OF REPRESENTATIVES provided for the continuation of the state ex- Samuels plans to pursue work in the secu- Tuesday, September 30, 2003 emption. H.R. 49, however, would not only rity and antiterrorism arena utilizing his 20 make the moratorium permanent, but would years of experience in the service. He looks Mr. MCINNIS. Mr. Speaker, it is with a sol- also remove the exemption North Dakota and forward to spending time coaching youth foot- emn heart that I take this opportunity to pay the other nine states have been receiving. ball, traveling, sight seeing, and listening to his tribute to Willard ‘‘Bill’’ Canode of Durango, I strongly believe that the internet and the collection of jazz music. Colorado who recently passed away at the From one public servant to another, Andrew technology it brings with it is one of our coun- age of 90. Bill was an exceptional educator Samuel’s dedication and service will be truly try’s most important economic engines. This is and administrator who was recognized on nu- missed. equally true for North Dakota. The internet has merous occasions for his innovative ideas in the ability to aid economic development not f the field of education. As his family and only in our larger cities, but also in our rural HONORING THE NATIONAL CENTER friends mourn their loss, I think it is appro- areas. FOR ELECTRON MICROSCOPY LO- priate that we remember Bill today for his Because the end of the state exemption will CATED AT THE LAWRENCE many contributions throughout his life. mean the loss of tens of millions of dollars for BERKELEY NATIONAL LABORA- Bill served as superintendent for numerous those states that will be losing their ability to TORY school districts throughout his lifetime. Origi- tax internet access, I urge my colleagues to nally hailing from Illinois, Bill spent the majority give these states flexibility. Our colleagues in HON. BARBARA LEE of his years out West in Colorado, Wyoming and Arizona. No matter where Bill lived, others the Senate have done just this by including a OF CALIFORNIA took notice of his outstanding dedication to 3-year delay. I encourage my colleagues to IN THE HOUSE OF REPRESENTATIVES consider such a mechanism. education and to the community. He was Tuesday, September 30, 2003 f named Educator of the Year in Wyoming; Ms. LEE. Mr. Speaker, I rise to proudly rec- Yuma, Arizona’s Number 1 Citizen; and Cit- HONORING MASTER SERGEANT ognize one of the world’s premier science and izen of the Month by the Durango Herald. ANDREW R. SAMUELS research facilities, and an important part of my In addition to his achievements in education, district. Today marks the 20th anniversary of Bill was a loyal member of his church, the Ro- HON. LINDA T. SA´ NCHEZ one of our nation’s premier scientific research tary Club, Lions Club, and served as a state OF CALIFORNIA centers, the National Center for Electron Mi- officer for the AARP. He also enjoyed per- IN THE HOUSE OF REPRESENTATIVES croscopy (NCEM), a Department of Energy fa- forming in the theater and organized the La cility located at Lawrence Berkeley National Plata Players, an amateur troupe who per- Tuesday, September 30, 2003 Laboratory. Dedicated on September 30, formed for the enjoyment of their community. Ms. LINDA T. SA´ NCHEZ of California. Mr. 1983, NCEM’s service began with the unveil- Above all, Bill was a devoted family man with Speaker, on March 1, 2004, Master Sergeant ing of the Atomic Resolution Microscope, the a wife, two daughters, seven grandchildren, Andrew R. Samuels, will be retiring after 20 first instrument in the world capable of show- and six great-grandchildren. years of active military service in the United ing individual atoms in a sample. Since then, Mr. Speaker, it is with profound sorrow that States Air Force. the Center has played a key role in supporting we remember the life and memory of Willard Master Sergeant Andrew R. Samuels was vital research efforts carried out by hundreds Canode. He will be remembered for the kind born on January 27, 1965 in Torrance, Cali- of visiting national and international scientists. heart and gentle demeanor that he displayed fornia. After graduation from Lynwood High Today, NCEM houses several of the world’s throughout his life. As Bill’s family and friends School in 1983, Samuels enlisted in the most advanced microscopes and tools for mourn his passing, I am honored to recognize

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.040 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1927 the wonderful life he lived. Bill will surely be Larry G. McDougle retires today after a distin- adopt any sort of voucher program they be- missed. guished career as the Fourth President of lieve meets the needs of their communities. f Northwest State Community College (NSCC) However, I have a number of concerns re- in Archbold, Ohio. garding proposals to implement a voucher RECOGNIZING MR. GUS CHAVEZ Larry McDougle’s career in higher education plan on the Federal level. spans more than 3 decades and has touched The basic reason supporters of parental HON. HILDA L. SOLIS the lives of students and administrators in control of education should view Federal OF CALIFORNIA fours states. He is the product of Ohio’s uni- voucher programs with a high degree of skep- IN THE HOUSE OF REPRESENTATIVES versities, receiving his bachelor’s degree in ticism is that vouchers are a creation of the physics from the University of Findlay (1963), government, not the market. Vouchers are a Tuesday, September 30, 2003 his master’s degree in physics from Kent State taxpayer-funded program benefiting a par- Ms. SOLIS. Mr. Speaker, I rise before you University (1965), and his doctorate in higher ticular group of children selected by politicians today to recognize one of the most inspiring education from the University of Toledo and bureaucrats. Therefore, the Federal and remarkable Latino leaders in our country, (1971). voucher program supported by many conserv- Mr. Gus Chavez. Gus Chavez is a bellwether During his professional career, Dr. atives is little more than another tax-funded in higher education and human service. Most McDougle has served as a faculty member welfare program establishing an entitlement to importantly, he is an exceptional human being and administrator in Ohio, Indiana, Illinois and a private school education. Vouchers thus who has dedicated his entire professional life South Carolina. Prior to his appointment as raise the same constitutional and moral ques- to improving access to higher education for President of NSCC, he served as a tenured tions as other transfer programs. Yet, voucher underrepresented minorities in southern Cali- professor at Indiana University, Southern Illi- supporters wonder why middle-class tax- fornia. nois University at Carbondale, and at the Uni- payers, who have to sacrifice to provide a pri- vate school education to their children, balk at For more than 30 years, Mr. Chavez has versity of Toledo. I first met Dr. Larry being forced to pay more taxes to provide a worked as director of the Offices of Edu- McDougle when he became President at free private education for another child. cational Opportunity/Ethnic Affairs and Affirma- NSCC in October, 1991. NSCC has blos- tive Action at San Diego State University. An It may be argued that vouchers are at least somed under Dr. McDougle’s leadership, serv- a more efficient welfare program than con- alumnus of SDSU, Gus Chavez was respon- ing as an educational gateway for approxi- tinuing to throw taxpayer money at public sible for recruitment, admission and retention mately 3.500 students in Northwest Ohio. In schools. However, the likely effect of a vouch- services of low income and educationally dis- addition to transfer programs, NSCC offers as- er program is to increase spending on new advantaged students at SDSU. He also as- sociate degree and certificate programs in al- programs for private schools while continuing sisted and promoted the development of uni- lied health and public services, business and to increase spending on programs for public versity initiatives aimed at admitting a racially engineering technologies. schools. For example, Mr. Speaker, during the and culturally diversified student body through- Dr. McDougle’s leadership extends far be- debate on the DC voucher program, voucher out the university. yond the NSCC campus. His service includes proponents vehemently denied that any public Under his leadership, EOP/Ethnic Affairs at the Ohio Board of Regents Advisory Com- schools would lose any Federal funding. Some San Diego State has admitted over 22,000 mittee on Service Achievement and includes even promised to support increased Federal low-income students in the university. Cur- membership on the Boards of Trustees of spending on DC’s public and charter schools. rently, San Diego State ranks 5th in the nation Mercy College of Northwest Ohio, the North- Instead of reducing funding for failed pro- in awarding Bachelor of Arts degrees to Latino west Ohio Regional Economic Development grams, Congress simply added another 10 students. Regional Growth Partnership, the Henry Coun- million dollars (from taxes or debt) to the bill Throughout his illustrious career Mr. Chavez ty Business and Education Advisory Council, to pay for the vouchers without making any has earned numerous awards for his monu- and the Henry County Workforce Investment offsetting cuts. In a true free market, failing mental accomplishments. Some of his awards Board. competitors are not guaranteed a continued include the Outstanding MEChA Faculty/Staff Dr. McDougle’s work has both touched the revenue stream. Award, the California Educational Opportunity lives of students and earned the respect of Many supporters of vouchers couch their Program Directors Service Award, and the educators and employers. In 1996, he re- support in rhetoric about a child’s right to a Cesar E. Chavez Award for Social Justice ceived the Philip J. Rusche Distinguished quality education and the need for equal edu- Service. Although many of his awards come Service Award from the University of Toledo cational opportunities for all. However, accept- from the Latino community, African American College of Education and Allied Professions. ing the premise that people have a ‘‘right’’ to and Filipino SDSU students have also recog- In 1998, he received the John C. Hoyt Out- a good of a certain quality logically means ac- nized him. During his career, he earned the standing Employment and Training Leadership cepting government’s role in establishing African Student Union Service Award and the Award from the Toledo Area Private Industry standards to ensure that providers are giving Filipino American Council of San Diego Coun- Council. their consumers a ‘‘quality’’ product. Thus, in ty Service Award. Mr. Speaker, there is no greater gift that an order to ensure that vouchers are being used After more than 30 years of serving under- educator can give a student than the gift of in- to fulfilling students’ ‘‘right’’ to a ‘‘quality’’ edu- represented students, Mr. Chavez continues to spiration. Dr. McDougle has done just that. I cation (as defined by the government) private mentor young people in his retired state. I ask each of my colleagues to join me in this schools will be forced to comply with the same unwaveringly commend him for his excellent special tribute. We wish the entire McDougle rules and regulations as the public schools. work and for all his remarkable accomplish- family good health and good fortune in the Even some supporters of vouchers recog- ments. coming years. nize the threat that vouchers may lead to in- I am privileged to recognize him as the per- f creased Federal regulation of private schools. fect example of today’s exceptional leader. These voucher supporters often point to the CONSERVATIVE CONCERNS WITH f fact that, with vouchers, parents will choose VOUCHERS which schools receive public funding to as- A SPECIAL TRIBUTE TO DR. suage the concerns of their critics. However, LARRY G. MCDOUGLE, PRESI- HON. RON PAUL even if a voucher program is free of State DENT OF NORTHWEST STATE OF TEXAS controls at its inception, it will not remain so COMMUNITY COLLEGE, ON HIS IN THE HOUSE OF REPRESENTATIVES for long. Inevitably, some parents will choose RETIREMENT a school whose curriculum is objectionable to Tuesday, September 30, 2003 many taxpayers; say an academy run by be- HON. PAUL E. GILLMOR Mr. PAUL. Mr. Speaker, many of those who lievers in the philosophy of the Nation of OF OHIO share my belief that the most effective edu- Islam. This will lead to calls to control the IN THE HOUSE OF REPRESENTATIVES cation reform is to put parents back in charge schools for which a voucher can be used. of the education system have embraced gov- More likely, parents will be given a list of ap- Tuesday, September 30, 2003 ernment-funded voucher programs as a proved schools where they can use their Mr. GILLMOR. Mr. Speaker, it is my distinct means to that end. I certainly sympathize with voucher at the inception of the program. Gov- privilege to stand before my colleagues in the the goals of voucher proponents and I believe ernment bureaucrats will have compiled the House to pay tribute to an outstanding educa- that States and local governments have the list to ‘‘help’’ parents choose a quality school tor from Ohio’s Fifth Congressional District. Dr. right, protected by the Tenth Amendment, to for their children.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K30SE8.002 E30PT1 E1928 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 The fears of these voucher critics was con- their children’s education. Since the parents work, and worship in their community. For the firmed on the floor of the House of Represent- control the education dollar, the parents con- past 108 years, St. David’s has been a corner- atives when the lead sponsor of the DC trol their children’s education. In order to pro- stone of the Bronx community, providing its voucher amendment admitted that under his vide parents with control of education, I have parishioners not only with a place of worship, plan the Department of Education would have introduced the Family Education Freedom Act but also with invaluable services in order to to begin accrediting religious schools to en- (H.R. 612) that provides all parents with a tax assist them in enriching their lives. sure that only qualified schools participate in credit of up to $3,000. The credit is available Institutions such as St. David’s Episcopal the voucher program because religious to parents who choose to send their children Church give life and vitality to distressed areas schools currently do not need to receive gov- to public, private, or home school. Education throughout the United States. The services ernment accreditation. Government accredita- tax credits are particularly valuable to lower in- they provide to their communities deserve rec- tion is the first step toward government con- come parents. ognition. Therefore, I ask that my colleagues trol. The Family Education Freedom Act restores join me in recognizing and honoring St. Da- Several private, Christian schools in my dis- true accountability to education by putting par- vid’s Episcopal Church for 108 years of serv- trict have expressed concerns that vouchers ents in control of the education dollar. If a ice to the people of the Bronx, New York. would lead to increased government control of child is not being educated to the parents’ sat- f private education. This concern is not just lim- isfaction, the parent will withdraw that student ited to Christian conservatives; the head of the from the school and spend their education dol- TRIBUTE TO JACKIE WEAVER Jewish Anti-Defamation league opposed the lars someplace else. recent DC voucher bill because he feared it I have also introduced the Education Im- HON. SCOTT McINNIS would lead to ‘‘. .an unacceptable effort by the provement Tax Cut Act (H.R. 611) that pro- OF COLORADO government to monitor and control religious vides a tax credit of up to $3,000 for in-kind IN THE HOUSE OF REPRESENTATIVES activities.’’ or cash donation to public, private, or home Tuesday, September 30, 2003 Voucher supporters will fall back on the ar- schools. The Education Improvement Tax Cut Mr. MCINNIS. Mr. Speaker, it is with a gument that no school is forced to accept Act relies on the greatest charitable force in heavy heart that I rise before this body of vouchers. However, those schools that accept history to improve the education of children Congress and this Nation today to pay tribute vouchers will have a competitive advantage from low-income families: the generosity of the to the life and memory of a great citizen from over those that do not because they will be American people. As with parental tax credits, my district. Jackie Weaver of Pueblo, Colo- perceived as being superior since they have the Education Improvement Tax Cut Act rado recently passed away at the age of the ‘‘government’s seal of approval.’’ Thus, brings true accountability to education since eighty. Jackie was a caring woman who gave those private schools that retain their inde- taxpayers will only donate to schools that pro- selflessly to those around her. As her family pendence will likely be forced out of business vide a quality education. mourns her passing, I would like to pay tribute by schools that go on the government dole. Mr. Speaker, proponents of vouchers prom- to her memory before my colleagues here We have already seen how a Federal edu- ise these programs advance true market prin- cation program resembling a voucher program today. ciples and thus improve education. However, Jackie was born in Frederick, Maryland in can lead to Federal control of education. Cur- there is a real danger that Federal voucher 1923, and she worked as a chemist in New rently, Federal aid to college students is dis- programs will expand the welfare state and York City before marrying her husband, D.A., persed in the form of loans or grants to indi- impose government ‘‘standards’’ on private in 1946. After moving to Pueblo with her fam- vidual students who then transfer these funds schools, turning them into ‘‘privatized’’ ily in 1978, she became an active member of to the college of their choice. However the versions of public schools. A superior way of the community, working with the Christian government has used its support of student improving education is to return control of the Women’s Club and the youth ministry of her loans to impose a wide variety of policies education dollar directly to the American peo- church. In addition, Jackie devoted time to the dealing with everything from the makeup of ple through tax cuts and tax credits. I there- Reach-for-Recover Program of the American student bodies to campus safety policies. fore hope all supporters of parental control of Cancer Society and the Pueblo Kiwanis Club. There are even proposals for Federal regula- education will support my Family Education Jackie cared deeply about children and tion of the composition of college faculties and Freedom Act and Education Improvement Tax worked to improve their lives by caring for course content! I would remind my colleagues Cut Act. three foster children and by adopting a child that only two colleges refuse to accept Federal f through the World Vision Ministries. funds (and thus Federal control) today. It Mr. Speaker, Jackie Weaver’s dedication would not be a victory for either liberty or qual- TRIBUTE TO ST. DAVID’S EPIS- and commitment to her family and her com- ity education if the experience of higher edu- COPAL CHURCH ON ITS 108TH AN- munity has touched many lives. She tirelessly cation was replicated in private K–12 edu- NIVERSARY gave to her family and community. While cation. Yet, that is the likely result if the sup- Jackie has passed on, her legacy will continue porters of vouchers have their way. ´ HON. JOSE E. SERRANO to live. I am honored to join with my col- Some supporters of centralized education OF NEW YORK leagues in honoring Jackie here today. have recognized how vouchers can help them IN THE HOUSE OF REPRESENTATIVES advance their statist agenda. For example, f Tuesday, September 30, 2003 Sibhon Gorman, writing in the September IN LOVING MEMORY OF MOTHER 2003 issue of the Washington Monthly, sug- Mr. SERRANO. Mr. Speaker, I rise today to TERESA gests that, ‘‘The way to insure that vouchers pay tribute to St. David’s Church in the Bronx, really work, then is to make them agents of New York, a treasured Bronx institution and a HON. RAHM EMANUEL historic house of worship that celebrated its accountability for the private schools that ac- OF ILLINOIS 108th anniversary on September 26, 2003. cept them. And the way to do that is to marry IN THE HOUSE OF REPRESENTATIVES the voucher concept with the testing regime St David’s Church was founded in 1895 to mandated by Bush’s No Child Left Behind Act. address the needs of poor blacks, especially Tuesday, September 30, 2003 Allow children to go to the private school of the dining car waiters and Pullman porters Mr. EMANUEL. Mr. Speaker, I rise to cele- their choosing, but only so long as that school who roomed in the area of the New York Cen- brate the memory of a remarkable woman participates in the same testing requirements tral Railroad Depot and had no place to wor- who dedicated her 87 years of life to reaching mandates for public schools.’’ In other words, ship. out to poor, suffering and dying people all over parents can choose any school they want as Mr. Speaker, as a part of the Episcopal Dio- the world, Mother Teresa. long as the school teaches the government cese of New York, St. David’s strongly be- Mother Teresa was born in Albania on Au- approved curriculum so the students can pass lieves in the Diocesan mission objective of ef- gust 26, 1910. She chose to become a the government approved test. fective church presence in poor communities. Roman Catholic sister at age 18 and was as- Instead of expanding the Federal control In order to meet that objective, St. David’s is signed to a convent in Calcutta where she over education in the name of parental control, constantly involved with community outreach. taught history and geography at St. Mary’s Congress should embrace a true agenda of Presently, it has after school programs, sum- School. Discontent to simply teach, Sister Te- parental control by passing generous edu- mer day camps, and senior citizens programs resa dedicated her life to creating a new reli- cation tax credits. Education tax credits em- to provide structured educational and rec- gious order to serve the sick, disabled and power parents to spend their own money on reational activities to the people who live, dying no matter where they lived.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.047 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1929 In 1948, Mother Teresa received approval U.S. relations with that country. In fact, events Rios Montt, who seized power in a 1982 coup from the Pope to create a religious order would seem to indicate that Rios Montt’s can- and presided over an unremittingly harsh known as the Missionaries of Charity. She didacy is an equal threat to domestic stability dictatorship for eighteen months until a within Guatemala; a number of weeks ago, counter-coup installed General Oscar sought out nuns who were educated as Humberto Mejia Victores as the country’s nurses and asked them to train her. She re- mass protest in support of the ex-dictator’s military leader. Today, Guatemala’s official turned to Calcutta where she opened a hos- candidacy, clearly manipulated by Rios Montt Commission for Historical Clarification la- pice. In her later years, Mother Teresa de- and other leaders of his party, turned violent bels atrocities committed under Montt’s re- voted her time and energy to establishing hos- as mobs rushed into government buildings gime as ‘‘genocide,’’ and impartial observers pice programs for suffering from AIDS. and seized them, including the Supreme argue that the ex-dictator was responsible In 1979, Sister Teresa was awarded the Court. Since the Bush administration is so for some of the worst human rights abuses in Nobel Peace Prize and in 1985, the Presi- concerned with human rights in Iraq, what the country’s 36–year civil war, including dential Medal. She was also given the Lifetime about Guatemala? Regional alliances such as tortures, massacres, the destruction of hun- the proposed U.S.-Central American Free dreds of indigenous communities, and illegal Achievement Award from the Foundation for detentions and murders of human rights ad- Hospice and Homecare. However, it was clear Trade Agreement are bound to be jeopardized vocates and indigenous leaders. by Rios Montt’s self-serving insistence on that what she most cherished was the satis- RIOS MONTT’S QUEST FOR THE PRESIDENCY seeking the presidency, even at the country’s faction of delivering care and comfort to mil- Since his fall from power in 1983, Rios lions of needy people. democratic prospects. We as a body must Montt has twice attempted to run for the Guided by her 40 years of leadership, the strive to understand the potential implications Guatemalan presidency, in 1990 and in 1995. Missionaries of Charity grew from one to more and the high costs of Rios Montt’s continued Each time, he has been blocked by the coun- than 400 missions worldwide. Today, there are involvement in Guatemalan politics if we are to try’s courts on the grounds that Article 186 approximately 5,000 sisters in the order. accelerate our steps towards the goal of pro- of the 1985 Constitution forbids the can- Mother Teresa was universally loved and moting effective relations with the Central didacy of all former coup leaders, a provision will always be remembered. This was evi- American region. that was expressly designed to deter a presi- On September 15, the United States recer- dential bid from Rios Montt. Despite these denced by the fact that both chambers of Con- previous dismissals, however, the ruling FRG gress passed commemorative resolutions tified Guatemala, reversing a decision made in January due to the country’s consistently poor party, which controls the legislature as well within just days of her death in 1997. They as the presidency, once again nominated also posthumously awarded her the Congres- efforts to stem the northward flow of narcotics Rios Montt as its presidential candidate this sional Gold Medal, the highest honor be- that end up in our streets. Circumstances, past May, and the Constitutional Court—the stowed on a civilian. however, suggest that the recertification was nation’s highest judicial authority—ap- The world will again remember her legacy of motivated not so much by any improvement in proved his candidacy on July 14. The deci- compassion when Pope John Paul II cele- Guatemala’s drug interdiction efforts, but by sion in this case was blatantly biased, as the the Bush administration’s ceaseless search for current court was especially expanded, i.e., brates a three hour Mass next month for the ‘‘packed’’ with Rios Montt supporters. The her beatification. the expansion of free trade, even if it costs the U.S. hundreds of thousands of solid jobs. The president of the Constitutional Court, Mario Mr. Speaker, throughout her life, Mother Te- Guillermo Ruiz Wong, is the former interior resa knew no limits when caring for others as Bush administration, eager to enact its Central minister of the current FRG administration she gave unconditional love to all. On this American Free Trade Agreement (CAFTA) of President Alfonso Portillo, while another day, let us once again remember her lasting proposal, seems to have been responding to justice served as Rios Montt’s personal law- contributions and goodwill for all mankind. certain pressures to renew Guatemala’s certifi- yer. Three of the four judges who voted in cation whatever its justification; twenty-one of favor of the ex-dictator have links to f our esteemed colleagues took the principled Portillo’s administration. HUMAN RIGHTS IN GUATAMALA step of writing to the White House and saying Following this ruling, a lower court, the that they would not vote for CAFTA without Supreme Court of Justice, issued a con- tradictory injunction that temporarily sus- HON. EDOLPHUS TOWNS such recertification, and Guatemala, home to pended Rios Montt’s candidacy. In response, OF NEW YORK Central America’s largest population and most protests rocked the capital on Thursday, IN THE HOUSE OF REPRESENTATIVES formidable economy, would not likely approve July 24, with thousands of former bene- the trade agreement if it remained decertified. ficiaries of Montt’s dictatorship joining Tuesday, September 30, 2003 This leads one to wonder, then, what the cer- more recent recruits to his rightwing cause Mr. TOWNS. Mr. Speaker, on July 14, Gua- tification process and the war on drugs are in the streets of Guatemala City. Though temalan Constitutional Court justices made really about, as the controversial and inequi- FRG leaders and Rios Montt himself vehe- history by declaring null and void two previous table specter of free trade has clearly taken mently denied any role in organizing or even encouraging the demonstrations, the protest court rulings banning infamous former dictator precedent. was marked by a suspicious lack of spon- Efrain Rios Montt from seeking presidential of- The following very timely memoranda on taneity. Pro-FRG peasants were trucked in fice. Efrain Rios Montt, the retired brigadier Guatemala’s many problems were authored by from across the country by organizers wear- general and current head of Guatemala’s na- Molly Maas and Jessica Leight, research as- ing such masks to conceal their identity, and tional legislature, has been universally con- sociates at the highly respected Washington- the entire operation had the mark of a well- demned for waging a ‘‘scorched earth’’ cam- based Council on Hemispheric Affairs planned and well-orchestrated demonstra- paign against indigenous Mayan civilians dur- (COHA), a non-partisan organization that has tion of political intimidation. long been committed to addressing issues as- Most damning for the FRG and the ing his 1982–1983 presidency. Some of the Portillo administration was the lack of ef- worst abuses in Guatemala’s brutal 36-year sociated with human rights, democracy and fort on the part of the police to control vio- civil war occurred during Rios Montt’s rule. economic justice throughout the Western lence by the protesters, as well as the army’s Wisely enough, the drafters of Article 186 of Hemisphere. COHA has been referred to by refusal to intervene even after President Guatemala’s 1985 Constitution engrossed a Senator EDWARD KENNEDY in the CONGRES- Portillo announced on radio and television ban to prevent leaders responsible for staging SIONAL RECORD as ‘‘one of our Nation’s most on Thursday afternoon that he had ordered military coups from ever again seeking the respected bodies of scholars and policy- the armed forces out ‘‘to guarantee respect Guatemalan presidency. Yet Rios Montt, who makers.’’ of private property and the physical security of persons, as well as the defense of human came to power through just such a coup in RIOS MONTT DECLARED ELIGIBLE TO RUN IN rights.’’ Though the demonstrators dispersed March of 1982, recently obtained a favorable GUATEMALA’S UPCOMING ELECTION after receiving instructions to do so from ruling from Guatemala’s highest court despite (Jessica Leight and Molly Maas) Rios Montt on Friday morning, the capital this earlier provision. He managed this by On Tuesday, July 14, one of the most bru- continues to wait in fear for a return of the using his influence to pack the court with addi- tal dictators in modern Guatemalan history, usually armed encapuchados. Perhaps even tional members who were personally loyal to General Efrain Rios Montt, was declared a more alarmingly, the government’s commit- him. In addition, he sought to legitimate his legitimate candidate for the November presi- ment to the preservation of basic public candidacy by claiming that the 1985 Constitu- dential elections by the country’s highest order, as well as its control over the armed court. Since Guatemala gained its independ- forces—largely unreformed following decades tion cannot be applied retroactively to actions ence from Spain in 1821, this largely poor of unrestricted and brutal war against the taken three years before it was enacted. Central American nation has suffered under guerrillas—remain in grave doubt. Having The State Department repeatedly has stated a series of foreign rulers and pathological only so recently emerged from forty years of that Rios Montt’s continued involvement in homegrown despots. Yet, arguably, none of two devastating civil war which cost up- Guatemalan politics is an obstacle to effective its leaders have been more infamous than wards of 200,000 lives, Guatemala seems on

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.050 E30PT1 E1930 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 the point of lurching back into its old habits from his grandfather. He has spent the last 23 A SPECIAL TRIBUTE TO DENNIS of blood and gore, in a new era of mob rule. years working in Grand Junction, and today, HALES, TREASURER OF FULTON U.S. CHILLY ON SUBJECT OF RIOS MONTT as the only traditional shoe-shiner in Grand COUNTY, OH, ON HIS RETIRE- The U.S., along with the United Nations, Junction, Sammy provides a valuable service MENT FROM PUBLIC SERVICE has been notably critical of the human to his customers. His six decades of experi- rights abuses that continue to plague Guate- ence, along with a rigorous attention to detail mala’s fragile democracy. The State Depart- and engaging personality, enable Sammy to ment condemned the riots and the lack of ef- HON. PAUL E. GILLMOR brighten up the lives of numerous customers fort by the authorities to control the vio- OF OHIO lence. Earlier, State Department spokesman while simultaneously making a living doing Richard Boucher had indicated his dis- something he enjoys. IN THE HOUSE OF REPRESENTATIVES approval of Rios Montt’s candidacy, assert- Mr. Speaker, I am proud to recognize ing that should Rios Montt be elected, ‘‘real- Tuesday, September 30, 2003 Sammy Hudson for his service to the Grand istically, in light of Mr. Rios Montt’s back- ground, it would be difficult to have the kind Junction community. Sammy serves as an ex- Mr. GILLMOR. Mr. Speaker, it is my distinct of relationship that we would prefer.’’ This ample of the kind of resourcefulness, hard privilege to stand before my colleagues in the followed statements earlier in the year by work, and dedication that have helped to House to pay tribute to a distinguished public U.S. Ambassador to Guatemala John Ham- make this country great. Recognition for the servant from Ohio’s Fifth Congressional Dis- ilton that noted a troubling lack of compli- outstanding service he provides is long over- trict. Fulton County Treasurer Dennis Hales ance on the part of the government with the due, and I am privileged to bring Sammy’s earlier announced his retirement, effective 1996 UN-brokered peace accord. In an admi- story to the attention of this body of Congress rable display of candor about the deterio- today, after ten years of distinguished local rating situation in Guatemala, Hamilton today. government service. stated that, ‘‘My government shares the Dennis Hales moved to Fulton County in Guatemalan people’s concern that today, f 1969. Prior to his service in the Fulton County more than six years after the end of the armed conflict, there are still serious viola- RECOGNIZING THE 2003 IMMIGRANT Courthouse, he served in the Evergreen tions of human rights.’’ WORKERS FREEDOM RIDE School District, as Evergreen High School It is crucially important that the U.S. Principal for six years, then for four years as maintain this strong stance in opposition to Evergreen School District Superintendent. He the candidacy of such a brutal ex-dictator HON. HILDA L. SOLIS continued his leadership role in Fulton Coun- and avoid the temptation to paper over the ty’s schools, serving three years as Principal crimes of Rios Montt in order to ensure Gua- OF CALIFORNIA of Wauseon High School and for several more temala’s inclusion in the upcoming Central American Free Trade Agreement negotia- IN THE HOUSE OF REPRESENTATIVES years as the assistant superintendent at Four County Career Center. tions, scheduled to be completed by the end Tuesday, September 30, 2003 of this year. Last January, the Bush admin- He assumed the office of Fulton County istration announced its decision to decertify Ms. SOLIS. Mr. Speaker, I stand before you Treasurer in 1993. As Treasurer, Mr. Hale Guatemala for insufficient progress in the today to recognize one of the most significant war on drugs. Subsequently, it made use of a oversaw property and personal property tax ‘‘vital national interest waiver’’ to continue civil rights movements I have had the privilege collections and manufactured housing tax col- to provide economic aid to the country in of supporting. On September 20, 2003, buses lections. He managed the investment of ex- spite of the decertification. While continu- in nine major U.S. cities will take hundreds of cess county funds, earning an average of $1 ance of such assistance provides some valu- immigrant workers and their allies on a cross million annually for Fulton Country. able leverage for the U.S. to exercise, as it country expedition to Washington, D.C. and seeks to pressure the Guatemalan govern- New York City. The Immigrant Workers Free- In addition to his distinguished service as a ment to bring human rights violators to jus- dom Ride of 2003 will mark an important mo- county officeholder, Dennis Hales also contrib- tice, rein in corruption and ensure an orderly ment in the history of our great nation. uted his leadership philanthropically to the democratic transition after the November community. As Chairman of the United Way, elections, this is the case only if the White Inspired by the freedom rides of the 1960s, Dennis Hales played a major role in merging House indicates that it is prepared to ad- the Immigrant Workers Freedom Ride (IWFR) several communities’ efforts into one county- vance the country’s democratization. If the will promote the civil rights of our immigrant wide organization, increasing donations and White House wishes to demonstrate that its population and help educate the public and concern for human rights extends beyond consequently, enhancing services provided to elected officials about new requirements in im- County residents. He was selected Honorary Iraq, then there can be no more appropriate migration policy. IWFR hopes to help immi- task than to facilitate the unhindered oper- Chairman of the 2002–2003 Fulton County ation of justice in Guatemala, a country that grant workers, living and paying taxes in the United Way Campaign. has seen precious little of it up to now. United States, to: (1) legalize their status; (2) have a clear road to citizenship; (3) reunify Dennis Hales has also been recognized as f their families; (4) have a voice on the job re- the Wauseon Chamber of Commerce’s Citizen TRIBUTE TO SAMMY HUDSON gardless of legal status; and (5) enjoy full pro- of the Year. tection of the civil rights and civil liberties for Despite his many accolades, Dennis Hales HON. SCOTT McINNIS all. has never sought personal recognition. Rath- OF COLORADO I also want to recognize the exceptional er, he derives his energy from his dedication IN THE HOUSE OF REPRESENTATIVES leadership of Maria Elena Durazo, David to Fulton County and his desire to work with his neighbors to build a stronger community. Tuesday, September 30, 2003 Glaser, and the sponsoring committees and individuals of the IWFR. Without their hard As he enters this new period in his life, Den- Mr. MCINNIS. Mr. Speaker, I am honored to work the Immigrant Workers Freedom Ride nis Hales remains a dedicated family man. He stand before this body of Congress and this would not be possible. These two individuals nation today to pay tribute to a man who has and his loving wife Janice are planning to trav- and their sponsors exemplify the true meaning el and spend time with his children and grand- spent his life providing a valuable service to of leadership and stewardship. others. Sammy Hudson of Grand Junction, children. Colorado has shined the shoes of thousands The IWFR will not only help draw a new Mr. Speaker, the quality of our communities of community members and visitors, providing map for U.S. immigrants seeking citizenship, has long been based on the character and everyone with great service and pleasant con- but it will also celebrate the American dream, selfless service of our citizens. Fulton County, versation. For his years of service to the com- the dream of becoming a citizen of the United Ohio is a far richer community because of the munity, along with his hard work and dedica- States of America. work and dedication of Dennis Hales. I ask tion, I am honored to recognize Sammy here I am privileged to recognize the 2003 Immi- each of my colleagues to join me in this spe- today. grant Workers Freedom Ride as an excellent cial tribute. We wish the entire Hales family Sammy began shinning shoes as a nine- example of the freedom our great country pro- good health and good fortune in the coming year-old boy in Chicago, learning the craft vides. years.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.053 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1931 TRIBUTE TO FORTSON LEE on the good works of organizations like the Special enabling technologies are currently CHANDLER Gold Star Mothers. Wherever they exist, the being developed in Texas that have great po- Gold Star Mothers perpetuate the ideals for tential for a broad range of military applica- HON. SCOTT McINNIS which, their sons and daughters fought and tions and offer significant advances to our fu- OF COLORADO died. They strive to assist veterans and vet- ture national security capabilities. IN THE HOUSE OF REPRESENTATIVES erans’ organizations across the country while The House is bipartisan in its support for the Tuesday, September 30, 2003 offering support to each other and a newly increased resources devoted to DARPA and grieving nation. the RDT&E accounts. The DOD research port- Mr. MCINNIS. Mr. Speaker, I rise before this This past Sunday, government buildings and folio is broad, comprehensive, diverse and fo- body of Congress and this nation today to pay individuals across the world showed their true cused on mission-related objectives to further tribute to a great citizen from my district. Rev- appreciation for the Gold Star Mothers by fly- assure U.S. security and international stability. erend Fortson Lee Chandler of Pueblo, Colo- ing the U.S. flag and holding public gath- I strongly urge Department of Defense policy rado is a man of devotion, hard work, and hu- erings. At America’s preeminent resting-place and program officials to continue investing re- mility who inspires those around him. His dedi- for American soldiers, Arlington National Cem- sources into innovative field technology. cation to his friends and neighbors shows a etery, a solemn gathering and wreath laying f spirit of charity all too rare in today’s society. ceremony was held at the Tomb of the Un- After years of service, Reverend Chandler has knowns. TRIBUTE TO BRICE CARRUTH AND announced his retirement from the Bethlehem The dedication and triumphs of the Gold THE CORTEZ, COLORADO WAL- Missionary Baptist Church in Pueblo. For his Star Mothers stem from a shared bond. As MART STORE STAFF tireless work and commitment to the commu- they describe it, ‘‘The success of our organiza- nity, I am honored to rise and honor Reverend tion continues because of the bond of mutual HON. SCOTT McINNIS Chandler here today. love, sympathy, and support of the many loyal, OF COLORADO Reverend F.L. Chandler was ordained fifty- capable, and patriotic mothers who while shar- IN THE HOUSE OF REPRESENTATIVES one years ago at the Union Baptist Church in ing their grief and their pride, have channeled Tuesday, September 30, 2003 Atlanta. He worked as an associate minister at their time, efforts and gifts to lessening the St. John Baptist Church in Colorado Springs pain of others. We stand tall and proud by Mr. MCINNIS. Mr. Speaker, I rise before this prior to moving to Pueblo to take over as pas- honoring our children, assisting our veterans, body of Congress and this nation to recognize tor at the New Hope Baptist Church. Reverend supporting our nation, and healing with each a group of outstanding citizens from my dis- Chandler devoted several years of service to other.’’ trict. The Associates of the Cortez, Colorado New Hope Baptist before going to Bethlehem It is important that we take time to recognize Wal-Mart Store and their Store Manager, Brice Baptist Church. At Bethlehem Baptist, F.L. such a laudable organization as the American Carruth, acted with great generosity in the forged strong ties to the community that he Gold Star Mothers. I am consistently im- face of a devastating fire and recently helped loves and has served so well. He made it a pressed with their dedication to our Country, save priceless artifacts from destruction. For point to reach out to those who have had Armed Services, veterans and of course, to their kind and selfless act, I am honored to fewer opportunities in life. Reverend Chandler their own children. pay tribute to Brice and the Cortez Wal-Mart has guided Bethlehem Baptist for thirty-four Through only the greatest hardship can Associates here today. years and will be greatly missed. membership in the American Gold Star Moth- In June of 2002, facing severe drought con- Mr. Speaker, Reverend F.L. Chandler is a ers be accorded. Our country is forever in- ditions and the accompanying risk of dev- kind and devoted spiritual leader who our debted to them for their ability to transform astating fires, the National Park Service de- community turns to for inspiration and guid- their grief into positive action and undying cided that priceless and irreplaceable treas- ance in their daily lives. He has devoted over dedication to the past, present and future he- ures from Mesa Verde National Park needed fifty years to guiding his parishioners. I am roes of this Nation. to be moved from their curatorial center to a honored to join with my colleagues today to f safer location. It was agreed that the collection thank him for his tireless work and to wish him should be moved to the old Cortez Wal-Mart the best of luck as he embarks upon his retire- DEPARTMENT OF DEFENSE store. No sooner had the collection been safe- ment. APPROPRIATIONS ACT FY 2004 ly relocated than the Long Mesa fire erupted f and eventually descended on the Mesa Verde SPEECH OF IN HONOR OF GOLD STAR curatorial facility. The efforts of the Cortez MOTHER’S DAY HON. LAMAR S. SMITH Wal-Mart Associates to renovate and cleanup OF TEXAS the old facility helped protect over three million HON. TIMOTHY H. BISHOP IN THE HOUSE OF REPRESENTATIVES irreplaceable artifacts, including numerous documents, pictures, and maps. OF NEW YORK Monday, September 29, 2003 Mr. Speaker, Brice Carruth and the Cortez IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Texas. Mr. Speaker, I com- Wal-Mart Associates selflessly gave of their Tuesday, September 30, 2003 mend the Leadership and Members of the time to safeguard a national treasure. Their Mr. BISHOP of New York. Mr. Speaker, I Committee on Appropriations for bringing the work to save the artifacts of Mesa Verde Na- rise today in recognition of the Gold Star FY 2004 Defense Appropriations Conference tional Park ensures that these unique treas- Mothers of America, a Congressionally char- Report to the House floor. ures can continue to be enjoyed by future tered organization, and the celebration of Gold In addition to addressing the necessary and generations. For their noble service, I am hon- Star Mother’s Day. This event was held on priority manpower and equipment needs of our ored to recognize the Associates of the Cortez Sunday to commemorate the significant sac- armed forces, the bill provides critical re- Wal-Mart and Store Manager Brice Carruth rifices and contributions of the Gold Star Moth- sources for advancing the scientific, research here today. ers. and advanced technology initiatives that will f In 1936, by proclamation of President insure that the United States maintains its mili- Franklin D. Roosevelt, and the Congress con- tary primacy in the years ahead. 177TH FIGHTER WING RECEIVES curring, the last Sunday of every September is As a Member of the House Science Com- AIR FORCE OUTSTANDING UNIT dedicated to ‘‘the greatest source of the Coun- mittee’s Subcommittee on Research, I con- COMMENDATION try’s strength and inspiration’’, the American tinue to take a special interest in the emerging mother. I am proud to honor these women technologies that promise quantum break- HON. FRANK A. LoBIONDO who have shown the utmost courage in sup- throughs in research and development efforts OF NEW JERSEY porting the goals of this Nation. Each member that will enhance our national security. These IN THE HOUSE OF REPRESENTATIVES of the American Gold Star Mothers has dealt promising new technologies offer new dimen- Tuesday, September 30, 2003 valiantly with the overwhelming suffering that sions to our military capabilities while also pro- accompanies the loss of a son or daughter, viding significant benefits to the civilian sector. Mr. LOBIONDO. Mr. Speaker, I rise today to yet they continue to believe in the good of Many of the programs in this legislation rely congratulate the men and women of the New America, our veterans and the armed forces. upon the transition of an enabling technology Jersey Air National Guard’s 177th Fighter As our country continues to engage in strug- from the laboratory, R&D stage to viable mili- Wing based in Egg Harbor Township, New gle overseas, we are increasingly dependent tary applications. Jersey on receiving an Air Force Outstanding

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K30SE8.005 E30PT1 E1932 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 Unit Commendation for their ongoing home- the most common reason for hospital admis- Congress and this nation today to pay tribute land defense efforts as part of Operation sions among persons with diabetes, account- to the life and memory of an extraordinary cit- Noble Eagle. ing for one-quarter of all diabetic admissions izen from my district. Peter ‘‘Tom’’ Savich of Since the terrorist attacks of September 11, in the United States. Loss of circulation and Silverton, Colorado recently passed away at 2001, the 177th ‘‘Jersey Devils’’ have dedi- feeling present real challenges to people with the age of eighty. Tom was an involved citizen cated themselves to securing the skies of the diabetes and 15 percent of people with diabe- and a fixture of his community, and I am hon- East Coast from terrorist threats and have set tes will experience a foot ulcer, and between ored to pay tribute to him here today. an example of excellence for their colleagues 14 and 24 percent of those with a foot ulcer Tom was a life-long resident of Silverton, liv- in the military and for their neighbors in the will require amputation. ing in the house in which he was born for his Second Congressional District of New Jersey. There are tremendous costs associated with entire life. Like so many of his generation, Recently, I accompanied General Ralph treating foot ulcers and with lower extremity Tom heeded his country’s call and served in Eberhart, Commander of the Northern Com- amputations. In fact, lower extremity amputa- the Army during World War II. On D-Day, Tom mand and the North American Aerospace De- tions cost Americans $2 billion a year and the fought with the troops that stormed Omaha fense Command (NORAD), on a trip to the average cost of a lower extremity amputation Beach in Normandy. He fought with remark- 177th Fighter Wing to review the unit and is $60,000. Although private insurance bears thank them for their service. The pride and de- some of the cost of diabetic foot complica- able bravery and courage, which earned him votion to duty I saw that day was at the same tions, Medicare is saddled with many of these the Bronze Star for bravery, the Medal for Eu- level it was in the days after September 11 costs since these complications disproportion- ropean-African-Middle Eastern Service, and and I am firmly convinced this dedication will ately affect the elderly. For example, analysis the French Jubilee of Liberty Medal. remain evident and strong for the duration. of the 1995 Medicare claims revealed that Upon returning home, Tom became very in- This award is well deserved and I want to lower-extremity ulcer care accounted for $1.45 volved in his community. He helped found congratulate the leaders of the NJANG 177th billion in Medicare costs and contributed sub- Silverton’s American Legion Post 14. He was Fighter Wing—Wing Commander Col. Michael stantially to the high cost of care for diabetics, active in the rehabilitation of the Silverton Hill- G. Cosby, Vice Commander Col. Barry M. compared with Medicare costs for the general side Cemetery, and he took a leadership role Johnson, Vice Wing Commander Lt. Col. Brian population. In fact, the Medicare costs for dia- in maintaining many gravesites that would L. Webster, Vice Air Commander Lt. Col. Ran- betes patients with foot ulcers is 3 times high- have otherwise been neglected. Tom was es- dall S. King, Executive Officer Capt. Yvonne L. er than for diabetes patients in general, and pecially concerned with the graves of bachelor Mays, and Command Chief Master Sergeant inpatient care accounts for 74 percent of dia- miners and was instrumental in ensuring that Herbert E. Mimler, Jr. on this award. betic ulcer-related costs. their final resting places received proper care Fortunately, cost effective ulcer prevention I also congratulate the Wing’s group, squad- and attention. Tom also collected artifacts and treatment interventions have proven effec- ron and flight commanders including Lt. Col. chronicling Silverton’s history, which he orga- tive at reducing foot complications and lower Roger F. Pharo, Jr., Lt. Col. Richard L. Hutch- nized into the Tom Savich Museum. inson, Col. James T. Strader, Jr., Col. David extremity amputations at only a fraction of the Mr. Speaker, Tom Savich was a humble, J. Mellish, Lt. Col. Jeffrey C. Thomas, Maj. cost. There are a number of descriptive stud- generous person who cared greatly about his David G. Haar, Lt. Col. John C. Elwood, Lt. ies that show that a multidisciplinary approach, fellow man. As his family and friends mourn Col. Kerry M. Gentry, Maj. Michael K. Love, including preventive strategies, patient and his passing, I am honored to pay tribute to Maj. Stephen G. McBrearty, Maj. John J. staff education, and treatment of foot ulcers, Tom’s life and his dedication to his community Fogarty III, Lt. Col. Harry Hartman, Lt. Col. can reduce amputation rates by 40 to 85 per- Scott J. Barberides, Capt. Diana M. Brown, cent. Nationwide reductions of this size would here today. 2nd Lt. Richard L. Defeo, 2nd Lt. Brian W. save Americans between $800 million and McCarthy and Capt. Thomas S. Fanslau. I sa- $1.7 billion a year. Of note, the LSU Health f lute each and every member of the Wing for Sciences Center Diabetes Foot Program in TRIBUTE TO CENTRAL CHRISTIAN their hard work and service to our nation. The Baton Rouge, Louisiana enrolled over 2,300 CHURCH IN MOUNT VERNON, IL efforts of the 177th Fighter Wing have been diabetes patients with published research essential to America’s homeland defense and demonstrating their prevention and treatment this award honors those efforts. Congratula- program resulted in an 89 percent reduction in tions. foot related hospitalizations, an 81 percent re- HON. JOHN SHIMKUS duction in emergency room visits, and a 79 f OF ILLINOIS percent reduction in foot amputations at a cost REGARDING THE DIABETIC FOOT of about 50 percent of standard care. IN THE HOUSE OF REPRESENTATIVES With sound research showing the benefits of COMPLICATION AND LOWER EX- Tuesday, September 30, 2003 TREMITY AMPUTATION REDUC- preventive care for people with diabetes, now TION ACT OF 2003 is the time to commission a large, authoritative Mr. SHIMKUS. Mr. Speaker, I rise today to study on the issue. The results of this study pay tribute to Central Christian Church in HON. RICHARD H. BAKER will serve as solid evidence to public and pri- Mount Vernon, Illinois as the members cele- vate organizations of the need for preventive OF LOUISIANA brate the sesquicentennial of the church on care to aid in the reduction of diabetes foot IN THE HOUSE OF REPRESENTATIVES October 4–5, 2003. complications and will help foster technical Tuesday, September 30, 2003 and policy changes to healthcare programs. In Central Christian Church became a part of the Mount Vernon and Jefferson County com- Mr. BAKER. Mr. Speaker, as the Federal addition, thousands of Americans who partici- munities on October 3, 1853 with 21 mem- Government seeks to provide better pate in this study will benefit from the edu- bers. The church came into existence due to healthcare to more Americans while reducing cation and treatment provided by this grant the efforts of Mr. and Mrs. Harvey T. Pace, healthcare expenses, we must look at the program. who organized the local church according to benefits of preventive care programs. Edu- Mr. Speaker, I hope members will consider cation, screening and preventive treatments these facts and cosponsor the ‘‘Diabetic Foot New Testament traditions. Today, the church can save patients and government significant Complication and Lower Extremity Amputation boasts of a membership of over 1,200, with heartache and expense. One area where pre- Reduction Act of 2003.’’ seven members on the pastoral staff. In Janu- ventive care shows tremendous promise is the f ary 2004, it will open a new 1,000 seat wor- ship center. treatment of diabetic foot complications. TRIBUTE TO PETER ‘‘TOM’’ There are an estimated 17 million Ameri- SAVICH Central Christian Church is a shining bea- cans who have diabetes. This number rep- con for the community which it serves. I am resents an increase of 61 percent since 1990. proud to represent Central Christian Church As diabetes rates continue to rise, the cost of HON. SCOTT McINNIS as part of the 19th District of Illinois. My pray- OF COLORADO treating diabetes, already estimated at $132 er is that God will continue to bless the church IN THE HOUSE OF REPRESENTATIVES billion, will certainly rise. One of the most seri- and the members that worship there. May ous complications diabetes patients face is Tuesday, September 30, 2003 Central Christian Church continue to be pros- poor circulation and infections in their lower Mr. MCINNIS. Mr. Speaker, it is with a perous in their service to the Lord Jesus extremities. In fact, diabetic foot infections are heavy heart that I rise before this body of Christ.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.058 E30PT1 September 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1933 100TH ANNIVERSARY OF ment in the community’s youth and encour- a strong love for Springfield, unlike others who UNDERWRITERS LABORATORIES aged them to strive to lead a good life. Alex have gone away and had success. He never has worked tirelessly to uplift and edify those forgot his hometown and the church to which HON. MARK STEVEN KIRK who are in his charge, and though Alex is re- he belonged.’’ OF ILLINOIS tiring from Parkview, he will continue his work Ron is survived by his wife, Jo Ann. They IN THE HOUSE OF REPRESENTATIVES as the pastor of St. Peter the Apostle Epis- have five children, all of whom graduated from copal Church in Pueblo. Northwestern University. Tuesday, September 30, 2003 Mr. Speaker, Reverend Alex Howard is the As the Congressman who represents Mr. KIRK. Mr. Speaker, I would like to rec- kind of devoted spiritual leader our community Springfield in the U.S. House of Representa- ognize the 100th anniversary of Northbrook, Il- looks to for guidance and inspiration. He has tives, I offer my sincere condolences to the linois based Underwriters Laboratories Incor- devoted 34 years to ministry and 21 years to family of Ron Burton and pay tribute to his life- porated. For the past century, Underwriters Parkview Medical Center, and I know that his time of achievements and his lasting legacy as Laboratories has been among the world lead- guidance will be sorely missed. I am honored an outstanding role model and citizen. ers in providing global product safety assess- to join with my colleagues today to thank him f ment programs and services. for his tireless work and to wish him the best Since it was founded in 1903, Underwriters of luck as he continues to serve the commu- TRIBUTE TO DOROTHY AND Laboratories has published more than 880 nity. WAYNE TALLEY Standards for Safety—for products ranging f from fire-rated buildings to information tech- HON. SCOTT McINNIS TRIBUTE TO THE LIFE OF RON nology equipment to electrical household ap- OF COLORADO BURTON pliances. Beginning with Underwriters Labora- IN THE HOUSE OF REPRESENTATIVES tories’ first Standard for Safety, the UL 10A for Tuesday, September 30, 2003 Tin-Clad Fire Doors, each standard is devel- HON. DAVID L. HOBSON oped and maintained with input by UL engi- OF OHIO Mr. MCINNIS. Mr. Speaker, I rise before this neers in conjunction with industry, government IN THE HOUSE OF REPRESENTATIVES body of Congress and this nation to pay trib- ute to a remarkable couple from my district. agencies, regulatory authorities, members of Tuesday, September 30, 2003 academia, and consumer advocates. Nearly Dorothy and Wayne Talley of Del Norte, Colo- two-thirds of UL Standards for Safety have Mr. HOBSON. Mr. Speaker, I rise today to rado recently celebrated their seventy-second been accepted by the American National pay tribute to the life of Mr. Ron Burton, who anniversary. Dorothy and Wayne’s extraor- Standards Institute as American National passed away on September 13, 2003 in Mas- dinary commitment to each other and to their Standards. Underwriters Laboratories tells me sachusetts after a long battle with bone mar- family is an inspiration, and I am honored to that it remains responsive to external needs row cancer. As a long-time resident of Spring- pay tribute to them here today. by participating in more than 200 international field, I can honestly say almost everyone in Dorothy and Wayne are blessed with eight technical committees, serving in leadership the city knew of Ron Burton, since he was one children, twelve grandchildren, and two great- positions on many, in an effort to actively en- of the greatest athletes the city has ever pro- grandchildren. Through mutual respect and hance safety globally and pursue harmoni- duced. genuine affection, Dorothy and Wayne have zation of U.S. standards with international Ron Burton’s legacy extends beyond the maintained their union for over 70 years. standards. 4,249 all-purpose yards and 19 touchdowns Throughout those years, Wayne has pursued Despite its tremendous growth and techno- he amassed in 69 games with the New Eng- several careers, including selling tractors and logical advancement, Underwriters Labora- land Patriots. Burton was a two-time All-Amer- transporting material for the Summitville mine. tories has remained faithful to its original mis- ican at Northwestern University, but, as was After retiring, Wayne continued to stay active, sion: public safety. I am most proud to rep- noted recently in the Boston Globe, he was a first selling cars, then starting a sewing ma- resent Underwriters Laboratories Incorporated. Hall of Famer off the field by virtue of his chine repair shop. Dorothy worked hard to I congratulate them on this, the 100th anniver- postcareer philanthropic endeavors. take care of their family. sary of their inception, and I thank them for After their September 14th victory over the Mr. Speaker, the dedication and devotion their innumerable contributions to standards Philadelphia Eagles, the Patriots dedicated the that Dorothy and Wayne Talley have shown to development throughout our district and game ball to Mr. Burton’s memory. The Patri- each other is truly an inspiration to us all. around the world. ots also recently established the Ron Burton Since 1931, Dorothy and Wayne have sup- f Community Service Award, which annually ported and uplifted one another and have set recognizes the player who makes the greatest a noteworthy example for their family and TRIBUTE TO ALEX HOWARD impact in the New England community. community. To spend over seven decades to- Mr. Burton was a Shriner, a Mason, and an gether is a rare testament to their love, and I HON. SCOTT McINNIS Eagle Scout. He was a high-school All-Amer- am honored to join with my colleagues in con- OF COLORADO ican, a collegiate All-American and a member gratulating Dorothy and Wayne and in wishing IN THE HOUSE OF REPRESENTATIVES of the Northwestern University Hall of Fame. them many more wonderful years together. After his professional football career ended, f Tuesday, September 30, 2003 Ron became an executive with the John Han- Mr. MCINNIS. Mr. Speaker, I rise before this cock Mutual Life Insurance Company and a TRIBUTE TO AARON PRESLEY body of Congress and this nation today to pay motivational speaker. tribute to an outstanding citizen from my dis- In 1985, Mr. Burton purchased over 300 HON. CHARLES W. ‘‘CHIP’’ PICKERING trict. Reverend Alex Howard of Pueblo, Colo- acres of land in Hubbardston, Massachusetts OF MISSISSIPPI rado recently announced his retirement from and founded the Ron Burton Training Village, IN THE HOUSE OF REPRESENTATIVES the Parkview Medical Center. His devotion, a sports camp for inner-city, underprivileged hard work, and humility inspire those around children. The camp not only trains youngsters Tuesday, September 30, 2003 him, and his dedication to his friends and physically and academically but also teaches Mr. PICKERING. Mr. Speaker, it is with neighbors shows a spirit of charity all too rare them the value of love, peace, patience and great sadness that I rise today before this in today’s society. I am honored to recognize humility. More than 2,000 youngsters have at- great body to honor a fellow Mississippian his many years of service here today. tended the camp, and have become better citi- who lost his life while helping millions of peo- Alex has been the Director of Spiritual Af- zens as a result, many of whom have gone on ple here in the Washington-Baltimore area re- fairs for the Parkview Medical Center for 21 to attend prestigious colleges such as Yale, cover from Hurricane Isabel. years. His service and ministry have been Harvard and the Air Force and Naval acad- Mr. Aaron Presley was one of 100 Entergy marked by two overriding ideals: uniting peo- emies. Mississippi linemen who left family and friends ple and giving local youth moral and ethical Mr. Burton said he wanted to open his train- and drove hundreds of miles from home to be guidance. Over the years, Alex has worked ing village ‘‘as a place where everyone loves a part of the force helping restore electrical hard to bring people from different faiths, one another.’’ service after the devastating storm. He loved races, ages, and genders together, encour- Former Springfield mayor Bob Burton, who his work and he especially loved to do his part aging them to celebrate their common beliefs. was Ron’s brother, recently said, ‘‘Ron never to help storm victims get their daily lives back He has also fostered enthusiasm and excite- forgot the town from which he came. He had to normal.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.061 E30PT1 E1934 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2003 On Saturday, September 20, while working tional Parks and the people they serve. For Ms. Zapata’s dedication to the Latino com- in Pikesville, just outside of Baltimore, Aaron her years of service, I am honored to pay trib- munity has also led her to share her knowl- was killed when he came into contact with an ute to Karen here today. edge and experience in teaching the craft of energized power line that had been downed in Karen began her career with the National acting and production at area theatre pro- the storm. Park Service as a seasonal radio dispatcher at grams. Aaron was a senior lineman based in Madi- Mesa Verde National Park near her native Furthermore, she has served on the board son, Mississippi. A resident of Flora, where I Cortez, Colorado. Karen went on to her first of a variety of civic organizations, including the now make my home, he was only 45 years old permanent post in 1978 as a Trail Coordinator United Way, the Mexican American Oppor- and had 25 years of service with Entergy. He with the Appalachian Trail Project. Over the tunity Foundation, the KCET Community Advi- leaves behind his wife, Kim, two children and years, Karen has held many positions in the sory Board, and the City of Los Angeles May- two stepchildren, to whom we offer our sincere Park Service, including Superintendent of Fort or’s Committee on the Arts. condolences. McHenry National Monument and Historic Ms. Zapata is also a leader in the inter- As the D.C. area continues to recover from Shine in Baltimore, Guadalupe Mountains Na- national Latino arts community. An honored the devastation of Hurricane Isabel, let us tional Park in Texas, Wrangell-St. Elias Na- translator of Spanish plays, she has been never forget the sacrifices of all the men and tional Park in Alaska, and the Great Smokey knighted by his Majesty Juan Carlos of Spain women working with utility crews to restore Mountains National Park in the southeastern for her contributions to Spanish language and our electric service. We must appreciate how United States. culture. In addition, she continues to shape dangerous their work is and be grateful for the In 1999, Karen became the Regional Direc- Latino arts and entertainment and the next job they do. tor for the Intermountain Region. In that posi- generation of Latinos with her popular PBS And let us never forget Aaron Presley, who tion, she oversaw parks in eight western children’s program, ‘‘Villa Allegre.’’ sacrificed his life in the service of others. states, including Colorado, and was entrusted For these achievements, it is my great f with such treasured national parks as the pleasure to recognize Carmen Zapata’s con- Grand Tetons, the Grand Canyon, Yellow- tributions as the Hollywood Chamber of Com- CELEBRATING TAIWAN’S stone, and her beloved Mesa Verde. Through- DEMOCRACY merce honors her with a star on the Holly- out her career, Karen’s work has not gone un- wood Walk of Fame. noticed. She has received many awards and On behalf of Latinos everywhere, I con- accolades, including Superintendent of Year HON. EDDIE BERNICE JOHNSON gratulate Carmen Zapata and thank her for for Natural Resources, a Southeast Region OF TEXAS her dedication to giving Latinos a voice in the Award for her work at the Great Smokey IN THE HOUSE OF REPRESENTATIVES arts. Mountain National Park, and the Environ- Tuesday, September 30, 2003 mental Protection Agency’s Environmental f Ms. EDDIE BERNICE JOHNSON of Texas. Achievement Award. Mr. Speaker, on Taiwan’s forthcoming Na- Mr. Speaker, Karen Wade has dedicated 25 TRIBUTE TO TERRY TICE tional Day, I wish to commend Taiwan for all years to protecting and promoting our national its accomplishments, both economic and polit- parks. Her tireless work has ensured that fu- ical. I wish to extend to President Chen and ture generations will be able to enjoy the HON. SCOTT McINNIS the people of Taiwan my congratulations. beauty and splendor of our national parks. For OF COLORADO Taiwan is one of the world’s largest econo- her dedication and years of service, I am hon- IN THE HOUSE OF REPRESENTATIVES mies and our seventh largest trading partner. ored to join with my colleagues in paying trib- Tuesday, September 30, 2003 Its people participate and fully subscribe to the ute to Karen here today. I wish her all the best principles of freedom and democracy. The Tai- in her future endeavors. Mr. MCINNIS. Mr. Speaker, it is with great wanese people have worked with the United f enthusiasm that I rise before you today to States on issues ranging from endangered honor an outstanding citizen from my district. HONORING THE ACHIEVEMENTS OF species to trademark infringements. They are Terry Tice of Telluride, Colorado is a remark- CARMEN ZAPATA also working with us to combat global ter- ably giving person who focuses many of his rorism. They look to us for cooperation, guid- efforts on assisting the town of Telluride and ance and protection. HON. LUCILLE ROYBAL-ALLARD his fellow citizens. It is my privilege to pay trib- Peace and security in the Taiwan Strait is OF CALIFORNIA ute to Terry before this body of Congress and vital to the security interests of all nations in IN THE HOUSE OF REPRESENTATIVES this nation for his positive role in the commu- the area. Tuesday, September 30, 2003 nity and for his philanthropic spirit. Taiwan has spent considerable sums of Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Terry has lived in the Telluride area for over money helping African nations fighting AIDS today to honor Ms. Carmen Zapata—a vision- thirty years, operating the Telluride Trappings and other infectious diseases. ary Latina whose influence is felt in every as- and Toggery with his wife Susan. The Toggery Taiwan is a staunch friend and ally of the pect of the arts. not only offers local high school kids employ- United States. On Taiwan’s national day, I As one of the first Latinas to perform on ment during their breaks, it also provides nu- wish to affirm my friendship for Taiwan and its Broadway, Carmen Zapata is an artistic inno- merous scholarships to high school graduates. people. vator. An actress, producer and proponent of In addition to his business, Terry has served f Spanish and English bilingual theatre, she has on the town council for four terms and helped changed the face of culture in Southern Cali- implement the Town Charter. He has been a TRIBUTE TO KAREN WADE fornia. member of the district school board and volun- A leader in the Latino and arts communities, teered a great deal of his time to various com- HON. SCOTT McINNIS Carmen Zapata’s passion for theatre led her munity causes. OF COLORADO to co-found the Bilingual Foundation of the Mr. Speaker, it is a great honor to stand be- IN THE HOUSE OF REPRESENTATIVES Arts. As president and producing director for fore you today and recognize Terry’s many at- this Los Angeles-based non-profit, she has tributes and dedication to his community. Ter- Tuesday, September 30, 2003 helped produce over eighty bilingual plays ry’s graciousness has recently prompted the Mr. MCINNIS. Mr. Speaker, I rise before this across the State of California and abroad. Telluride Foundation, an organization centered body of Congress and this nation to pay trib- The Bilingual Foundation of the Arts has around community philanthropy, to name him ute to a dedicated public servant. Karen Wade brought theatre and entertainment into inner- citizen of the year. I join the Telluride Founda- recently announced her retirement from the city schools in my district and the greater Los tion in congratulating Terry for his award. I National Park Service. Throughout her many Angeles region, exposing students to a new would also like to thank him for his numerous years of service, Karen has work tirelessly to creative outlet, and providing a pipeline for contributions for the betterment of his commu- create and promote a bond between our Na- young Latino talent. nity.

VerDate jul 14 2003 05:20 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.063 E30PT1 Tuesday, September 30, 2003 Daily Digest Senate grams, after agreeing to the following amendment Chamber Action proposed thereto: Pages S12209–10 Routine Proceedings, pages S12145–S12211 McConnell (for Grassley) Amendment No. 1793, Measures Introduced: Twelve bills were intro- to provide for a 6-month extension of provision duced, as follows: S. 1678–1689. Pages S12192–93 equalizing urban and rural standardized payment amounts under Medicare Inpatient Hospital Prospec- Measures Reported: tive Payment System. Page S12210 S. 1680, to reauthorize the Defense Production Act of 1950. (S. Rept. No. 108–156) Consumer Product Safety Commission Reauthor- S. 622, to amend title XIX of the Social Security ization: Senate passed S. 1261, to reauthorize the Consumer Product Safety Commission, after agreeing Act to provide families of disabled children with the to the committee amendment in the nature of a sub- opportunity to purchase coverage under the Medicaid stitute. Pages S12210–11 program for such children, with an amendment in the nature of a substitute. (S. Rept. No. 108–157) District of Columbia Appropriations Act: Senate S. 1689, making emergency supplemental appro- continued consideration of H.R. 2765, making ap- priations for Iraq and Afghanistan security and re- propriations for the government of the District of construction for the fiscal year ending September 30, Columbia and other activities chargeable in whole or in part against the revenues of said District for the 2004. Page S12192 fiscal year ending September 30, 2004, taking action Measures Passed: on the following amendments proposed thereto: Commending John E. Dolibois: Committee on Pages S12160–79 the Judiciary was discharged from further consider- Pending: ation of S. Res. 199, commending John E. Dolibois DeWine/Landrieu Amendment No. 1783, in the for dedication to his country, contributions to global nature of a substitute. Pages S12160–79 education, and more than a half century of service to During consideration of this measure today, Senate humanity, and the resolution was then agreed to. also took the following action: Pages S12205–06 Chair sustained a point of order that Schumer Runaway, Homeless, and Missing Children Pro- Amendment No. 1790 (to Amendment No. 1783), to express the sense of Congress concerning the ap- tection Act: Committee on the Judiciary was dis- pointment of a special counsel to conduct a fair, charged from further consideration of H.R. 1925, to thorough, and independent investigation into a na- reauthorize programs under the Runaway and Home- tional security breach, was not germane to the bill, less Youth Act and the Missing Children’s Assist- and the amendment thus fell. Pages S12160–66 ance Act, and the bill was then passed, clearing the measure for the President. Page S12206 Supplemental Appropriations—Agreement: A unanimous-consent agreement was reached providing Defense Production Act Reauthorization: Senate that at 10:30 a.m., on Wednesday, October 1, 2003, passed S. 1680, to reauthorize the Defense Produc- Senate begin consideration of S. 1689, an original tion Act of 1950, after agreeing to the following bill making emergency supplemental appropriations amendment proposed thereto: Pages S12206–08 for Iraq and Afghanistan, for the fiscal year ending McConnell (for Shelby/Sarbanes) Amendment No. September 30, 2003 for debate only, and that the 1792, in the nature of a substitute. Page S12208 time until 12:30 p.m. be divided equally. Temporary Assistance For Needy Families Block Pages S12180, S12211 Grant Extension: Senate passed H.R. 3146, to ex- Signing Authority—Agreement: A unanimous- tend the Temporary Assistance for Needy Families consent agreement was reached providing that until block grant program, and certain tax and trade pro- the Senate reconvenes on Wednesday, October 1, D1063

VerDate jul 14 2003 05:06 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE3.REC D30SE3 D1064 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2003 2003, the Majority Leader, the Assistant Majority Counsel, Department of the Air Force; and General Leader, or Senator Talent, be authorized to sign duly John P. Jumper, USAF, Chief of Staff, U.S. Air enrolled bills or joint resolutions. Page S12211 Force. Nominations Confirmed: Senate confirmed the fol- lowing nominations: SECURITIES INDUSTRY By unanimous vote of 91 yeas (Vote No. Ex. 369), Committee on Banking, Housing, and Urban Affairs: Marcia A. Crone, of Texas, to be United States Dis- Committee concluded a hearing to examine recent trict Judge for the Eastern District of Texas. initiatives to enhance investor protections in our se- Pages S12145–46, S12211 curities markets, focusing on fund advertising, proxy By unanimous vote of 93 yeas (Vote No. Ex. 370), voting, Sarbanes-Oxley Act requirements, future mu- Ronald A. White, of Oklahoma, to be United States tual fund activity, the hedge fund report, and the District Judge for the Eastern District of Oklahoma. Canary investigation, after receiving testimony from Pages S12146–48, S12211 William H. Donaldson, Chairman, U.S. Securities Nominations Received: Senate received the fol- and Exchange Commission. lowing nominations: William K. Sessions III, of Vermont, to be a DO-NOT-CALL REGISTRY Member of the United States Sentencing Commis- sion for a term expiring October 31, 2009. (Re- Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the sta- appointment) Page S12211 tus of the National Do-Not-Call Registry, focusing Measures Referred: Page S12189 on the rules and regulations implementing the Reg- Executive Communications: Pages S12189–92 istry pursuant to the Telephone Consumer Protection Additional Cosponsors: Pages S12193–94 Act of 1991, after receiving testimony from Timothy J. Muris, Chairman, Federal Trade Commission; Mi- Statements on Introduced Bills/Resolutions: chael K. Powell, Chairman, Federal Communications Pages S12194–S12203 Commission; Dean Rodney Smolla, University of Additional Statements: Pages S12187–89 Richmond School of Law, Richmond, Virginia; Jerry Amendments Submitted: Pages S12203–04 Cerasale, Direct Marketing Association, Inc., and Lee Hammond, American Association of Retired Persons, Authority for Committees to Meet: both of Washington, D.C.; Tim Searcy, American Pages S12204–05 Teleservices Association, Indianapolis, Indiana; and Record Votes: Two record votes were taken today. James Guest, Consumers Union, Yonkers, New (Total—370) Pages S12146, S12148 York. Adjournment: Senate met at 9:15 a.m., and ad- journed at 7:43 p.m., until 9:30 a.m., on Wednes- AMERICAN DIET day, October 1, 2003. (For Senate’s program, see the Committee on Commerce, Science, and Transportation: Sub- remarks of the Acting Majority Leader in today’s committee on Consumer Affairs and Product Safety Record on page S11211.) concluded hearings to examine American dietary guidelines in relation to obesity, focusing on the Committee Meetings Food Guide Pyramid, and risk factors and actual measures of disease, after receiving testimony from (Committees not listed did not meet) Eric Hentges, Executive Director, Center for Nutri- EMERGENCY SUPPLEMENTAL tion Policy and Promotion, Food, Nutrition, and Committee on Appropriations: Committee ordered favor- Consumer Services, Department of Agriculture; Ar- ably reported an original bill (S. 1689) making thur Lawrence, Assistant Surgeon General and Act- emergency supplemental appropriations for Iraq and ing Principal Deputy Assistant Secretary of Health Afghanistan security and reconstruction for the fiscal and Human Services for Health; John D. Graham, year ending September 30, 2004. Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget; Dean U.S. AIR FORCE ACADEMY Ornish, University of California at San Francisco; Committee on Armed Services: Committee concluded a Walter Willett, Harvard School of Public Health hearing regarding investigations into allegations of Department of Nutrition, Boston, Massachusetts; sexual assault at the United States Air Force Acad- Stuart Trager, Atkins Nutritionals, Inc., New York, emy, after receiving testimony from James G. Roche, New York; Michael F. Jacobson, Center for Science Secretary of the Air Force; Mary L. Walker, General in the Public Interest, Washington, D.C.

VerDate jul 14 2003 05:06 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE3.REC D30SE3 September 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1065 NOMINATIONS tional strategy, after receiving testimony from Rich- Committee on Foreign Relations: Committee concluded ard J. Bonnie, University of Virginia, Institute of a hearing on the nominations of Randall L. Tobias, Law, Psychiatry, and Public Policy, Charlottesville, of Indiana, to be Coordinator of United States Gov- on behalf of the Committee on Developing a Strat- ernment Activities to Combat HIV/AIDS Globally, egy to Reduce and Prevent Underage Drinking, Na- with the rank of Ambassador, W. Robert Pearson, of tional Research Council and Institute of Medicine; Tennessee, to be Director General of the Foreign Patricia J. Kempthorne, First Lady of Idaho, Boise, Service, and William Cabaniss, of Alabama, to be on behalf of the Leadership to Keep Children Alco- Ambassador to the Czech Republic, who was intro- hol Free; Jeffrey G. Becker, Beer Institute, Wash- duced by Senator Sessions, all of the Department of ington, D.C.; Wendy J. Hamilton, Mothers Against State, after each nominee testified and answered Drunk Driving, Middletown, Virginia; and David questions in their own behalf. DeAngelis, North Haven High School, North Haven, Connecticut. NOMINATIONS VISAS AND HOMELAND SECURITY Committee on Governmental Affairs: Committee con- cluded a hearing on the nominations of Dale Committee on the Judiciary: Subcommittee on Immi- Cabaniss, of Virginia, to be a Member of the Federal gration and Border Security concluded a hearing on Labor Relations Authority, who was introduced by visa issuance in relation to homeland security, focus- Senator Stevens; and Craig S. Iscoe and Brian F. ing on the relationship between the Department of Holeman, both to be an Associate Judge of the Su- Homeland Security and Department of State to work perior Court of the District of Columbia, who were cooperatively to create and maintain an effective, ef- introduced by District of Columbia Delegate Nor- ficient visa process that secures America’s borders ton, after each nominee testified and answered ques- from external threats while ensuring that doors re- tion in their own behalf. main open to legitimate travel, after receiving testi- mony from Asa Hutchinson, Under Secretary of ENTERTAINMENT INDUSTRY Homeland Security for Border and Transportation Committee on Governmental Affairs: Permanent Sub- Security Directorate; and Maura Harty, Assistant committee on Investigations concluded a hearing to Secretary of State for Consular Affairs. examine illegal file sharing on peer-to-peer networks BUSINESS MEETING and the impact of technology on the entertainment industry, focusing on the music industry’s initial Committee on Veterans’ Affairs: Committee ordered fa- salvo of copyright infringement lawsuits and its am- vorably reported the following business items: nesty program, after receiving testimony from Sen- S. 1131, to increase, effective December 1, 2003, ator Boxer; Mitch Bainwol, Recording Industry As- the rates of compensation for veterans with service- sociation of America, Jack Valenti, Motion Picture connected disabilities and the rates of dependency Association of America, and James V. DeLong, Cen- and indemnity compensation for the survivors of cer- ter for the Study of Digital Property, all of Wash- tain disabled veterans; ington, D.C.; Mike Negra, Mike’s Video, Inc., State S. 1132, to amend title 38, United States Code, College, Pennsylvania; Alan Morris, Sharman Net- to improve and enhance certain benefits for survivors works Limited, Sydney, Australia; Derek S. Broes, of veterans, with an amendment in the nature of a Brilliant Digit Entertainment, Woodland Hills, substitute; California; Chris Gladwin, FullAudio, Inc., Chicago, S. 1156, to amend title 38, United States Code, Illinois; Jonathan D. Moreno, University of Virginia to improve and enhance the provision of long-term Center for Biomedical Ethics, Charlottesville; James health care for veterans by the Department of Vet- Todd Smith (LL Cool J), and Lorraine Sullivan, both erans Affairs, to enhance and improve authorities re- of New York, New York; and Carlton Ridenhour lating to the administration of personnel of the De- (Chuck D), Los Angeles, California. partment of Veterans Affairs, with an amendment in the nature of a substitute; UNDERAGE DRINKING S. 1136, to restate, clarify, and revise the Soldiers’ Committee on Health, Education, Labor, and Pensions: and Sailors’ Civil Relief Act of 1940, with an Subcommittee on Mental Health and Substance amendment in the nature of a substitute; and Abuse concluded a hearing on underage drinking, fo- H.R. 1516, to provide for the establishment by cusing on reducing and preventing underage drink- the Secretary of Veterans Affairs of five additional ing through a wide variety of government and pri- cemeteries in the National Cemetery System, with an vate programs for the purpose of developing a na- amendment in the nature of a substitute.

VerDate jul 14 2003 05:06 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE3.REC D30SE3 D1066 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2003 House of Representatives Amending the Higher Education Act of 1965: S. Chamber Action 570, to amend the Higher Education Act of 1965 Measures Introduced: 16 public bills, H.R. with respect to the qualifications of foreign 3197–3212 and; 2 resolutions, H. Res. 381–382 schools—clearing the measure for the President; were introduced. Pages H9032–33 Pages H8983–84 Reports Filed: Reports were filed as follows: Honoring Johnny Cash: H. Con. Res. 282, H.R. 1260, to amend the Federal Food, Drug, and amended, honoring the life of Johnny Cash; and Cosmetic Act to establish a program of fees relating Pages H8985–88 to animal drugs (H. Rept. 108–287); and Declaring Emporia, Kansas as the Founding Conference report on S. 3, to prohibit the proce- City of the Veterans Day Holiday: H. Con. Res. dure commonly known as partial-birth abortion (H. 159, declaring Emporia, Kansas, to be the founding Rept. 108–288). Pages H8991–96, H9032 city of the Veterans Day holiday and recognizing the Speaker Pro Tempore: Read a letter from the contributions of Alvin J. King and Representative Speaker wherein he appointed Representative Ed Rees to the enactment into law of the observance Chocola to act as Speaker Pro Tempore for today. of Veterans Day. Pages H8988–89 Page H8955 Recess: The House recessed at 4:38 p.m. and recon- Recess: The House recessed at 1:18 p.m. and recon- vened at 6:34 p.m. Page H8989 vened at 2:00 p.m. Page H8960 Medicare Prescription Drug Benefit—Motion to Suspensions: The House agreed to suspend the rules Instruct Conferees: The House rejected the Sandlin and pass the following measures: motion to instruct conferees on H.R. 1, Medicare Prescription Drug and Modernization Act of 2003, Office of National Drug Control Policy Reau- which was debated on Thursday, September 25, by thorization Act: H.R. 2086, amended, to reauthorize a yea-and-nay vote of 202 yeas to 205 nays, Roll the Office of National Drug Control Policy; No. 524. Pages H8989–90 Pages H8962–72 Later Representative Case announced his intention Congratulating the New York Yankees on their to offer a motion to instruct conferees on the bill. 100th Anniversary: H. Res. 306, congratulating the Page H8996 New York Yankees on the occasion of their 100th Tax Relief, Simplification, and Equity Act—Mo- anniversary; Pages H8972–77 tion to Instruct Conferees: The House rejected the Bob Hope Post Office Building Designation Act: Pallone motion to instruct on H.R. 1308, Tax Re- H.R. 3011, to designate the facility of the United lief, Simplification, and Equity Act which was de- States Postal Service located at 135 East Olive Ave- bated on Thursday, September 25, by a yea-and-nay nue in Burbank, California, as the ‘‘Bob Hope Post vote of 202 yeas to 207 nays, Roll No. 525. Office Building’’; Pages H8977–79 Page H8990 Honoring Bob Hope: H. Res 357, honoring the Later Representative Davis of Alabama announced life and legacy of Bob Hope by a 2⁄3 yea-and-nay his intention to offer a motion to instruct conferees vote of 408 yeas with none voting nay, Roll No. on the bill. Pages H8996–97 526; Pages H8979–81, H8990–91 Energy Policy Act of 2003—Motion to Instruct Judge Edward Rodgers Post Office Building Conferees: Representative Inslee announced his in- Designation Act: H.R. 2075, to designate the facil- tention to offer a motion to instruct conferees on ity of the United States Postal Service located at H.R. 6, Energy Policy Act of 2003. Page H8997 1905 West Blue Heron Boulevard in West Palm Extending Certain Expiring Provisions: Agreed Beach, Florida, as the ‘‘Judge Edward Rodgers Post to the Senate amendment to H.R. 3146, to extend Office Building’’; Pages H8981–82 the Temporary Assistance for Needy Families block Arthur ‘Pappy’ Kennedy Post Office Building grant program, and certain tax and trade programs, Designation Act: H.R. 1882, to designate the facil- and for other purposes—clearing the measure for the ity of the United States Postal Service located at 440 President. Pages H9008–9011 South Orange Blossom Trail in Orlando, Florida, as Presidential Message—Memorandum of Under- the ‘‘Arthur ‘Pappy’ Kennedy Post Office’’; standing: Message wherein he transmitted a Memo- Pages H8982–83 randum of Understanding between the Department

VerDate jul 14 2003 05:06 Oct 01, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE3.REC D30SE3 September 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1067 of State and the Department of Homeland Security ‘‘Nuclear Terrorism Prevention: A Review of the Concerning Implementation of Section 428 of the Federal Government’s Progress Toward Installing Homeland Security Act of 2002—referred to the Radiation Detection Monitors at U.S. Ports and Bor- Committee on the Judiciary and the Select Com- ders.’’ Testimony was heard from Jay Ahearn, Assist- mittee on Homeland Security and ordered to be ant Commissioner, Bureau of Customs and Border printed. (H. Doc. 108–131). Pages H9020–25 Protection, Department of Homeland Security; Paul Senate Messages: Messages from the Senate appear Longsworth, Deputy Administrator, Defense Nuclear today on pages H8955 and H9001. Nonproliferation, National Nuclear Security Admin- Senate Referrals: S. 1591 was referred to the Com- istration, Department of Energy; Gene Aloise, Act- mittee on Government Reform, S. 1244 was referred ing Director, Natural Resources and Environment, to the Committee on Transportation and Infrastruc- GAO; and Thomas G. Day, Vice President, Engi- ture, S. 1301 was referred to the Committee on the neering, U.S. Postal Service. Judiciary, and S. 1375 and S. 1451 were ordered held at the desk. Page H9031 RUSSIA’S TRANSITION TO DEMOCRACY AND U.S.-RUSSIA RELATIONS Adjournment: The House met at 12:30 p.m. and adjourned at 11:45 p.m. Committee on International Relations: Subcommittee on Europe held a hearing on Russia’s Transition to De- Committee Meetings mocracy and U.S.-Russia Relations: Unfinished Busi- ness. Testimony was heard from public witnesses. SUPPLEMENTAL REQUEST—IRAQ AND AFGHANISTAN CONSTITUTIONAL AMENDMENT—CRIME Committee on Appropriations: Subcommittee on Defense VICTIMS RIGHTS held a hearing on the Administration’s Fiscal Year Committee on the Judiciary: Subcommittee on the Con- 2004 Supplemental Request for Iraq and Afghani- stan. Testimony was heard from the following offi- stitution held a hearing on H.J. Res. 48, proposing cials of the Department of Defense: Donald H. an amendment to the Constitution of the United Rumsfeld, Secretary; Dov S. Zakheim, Under Sec- States to protect the rights of crime victims. Testi- retary (Comptroller); and Gen. Richard B. Myers, mony was heard from public witnesses. USAF, Chairman, Joint Chiefs of Staff. MISCELLANEOUS MEASURES SUPPLEMENTAL REQUEST—IRAQ AND AFGHANISTAN Committee on Resources: Subcommittee on National Parks, Recreation and Public Lands held a hearing Committee on Appropriations: Subcommittee on Foreign on the following bills: H.R. 1629, Upper Missouri Operations, Export Financing and Related Programs River Breaks Boundary Clarification Act; H.R. 2424, held a hearing on the Administration’s Fiscal Year National Great Black Americans Commemoration 2004 Supplemental Request for Iraq and Afghani- Act of 2003; and H.R. 2966, Right-to-Ride Live- stan. Testimony was heard from the following offi- cials of the Department of State: Richard L. stock on Federal Lands Act of 2003. Testimony was Armitage, Deputy Secretary; and Andrew S. Natsios, heard from Representatives Rehberg and Cummings; Administrator, AID. Chad Calvert, Deputy Assistant Secretary, Land and Minerals Management, Department of the Interior; RESOLUTION—TRANSMIT TO HOUSE— and public witnesses. OPERATION IRAQI FREEDOM STRATEGIC LESSONS LEARNED REPORT RURAL VETERANS ACCESS TO CARE ACT; Committee on Armed Services: Adversely reported H. VETERANS TIMELY ACCESS TO HEALTH Res. 364, of inquiry requesting the President to CARE ACT transmit to the House of Representatives not later Committee on Veterans’ Affairs: Subcommittee on than 14 days after the date of adoption of this reso- lution the report prepared for the Joint Chiefs of Health held a hearing on the following bills: H.R. Staff entitled ‘‘Operation Iraqi Freedom Strategic 2379, Rural Veterans Access to Care Act of 2003; Lessons Learned’’ and documents in his possession on and H.R. 3094, Veterans Timely Access to Health the reconstruction and security of post-war Iraq. Care Act. Testimony was heard from Representatives Osborne and Porter; Robert H. Boswell, M.D., NUCLEAR TERRORISM PREVENTION Under Secretary, Health, Department of Veterans Committee on Energy and Commerce: Subcommittee on Affairs; representatives of veterans organizations; and Oversight and Investigations held a hearing entitled public witnesses.

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Committee on Finance: business meeting to consider an Joint Meetings amendment in the nature of a substitute to S. 1637, to PARTIAL BIRTH ABORTION BAN ACT amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ Conferees agreed to file a conference report on the dif- ETI benefit in a manner that preserves jobs and produc- ferences between the Senate and House passed tion activities in the United States, to reform and sim- versions of S. 3, to prohibit the procedure commonly plify the international taxation rules of the United States, known as partial-birth abortion. 10 a.m., SD–215. f Committee on Foreign Relations: to hold hearings to exam- ine the nominations of Robert B. Charles, of Maryland, NEW PUBLIC LAWS to be an Assistant Secretary of State (International Nar- cotics and Law Enforcement Affairs), and H. Douglas (For last listing of Public Laws, see DAILY DIGEST, p. D1051) Barclay, of New York, to be Ambassador to the Republic H.R. 3161, to ratify the authority of the Federal of El Salvador, 2:30 p.m., SD–430. Trade Commission to establish a do-not-call registry. Committee on Governmental Affairs: to hold hearings to Signed on September 29, 2003. (Public Law examine the need for federal real property reform, 9:30 108–82). a.m., SD–342. H.R. 2657, making appropriations for the Legisla- Committee on the Judiciary: to hold hearings to examine tive Branch for the fiscal year ending September 30, the nomination of Dora L. Irizarry to be United States 2004. Signed on September 30, 2003. (Public Law District Judge for the Eastern District of New York, 10 108–83). a.m., SD–226. H.J. Res. 69, making continuing appropriations House for the fiscal year 2004. Signed on September 30, Committee on Agriculture, Subcommittee on Livestock 2003. (Law 108–84). and Horticulture, hearing to review mandatory country of S. 520, to authorize the Secretary of the Interior origin labeling, 1 p.m., 1300 Longworth. to convey certain facilities to the Fremont-Madison Committee on Education and the Workforce, to mark up Irrigation District in the State of Idaho. Signed on H.R. 3030, Improving the Community Services Block September 30, 2003. (Public Law 108–85). Grant Act of 2003, 10:30 a.m., 2175 Rayburn. S. 678, to amend chapter 10 of title 39, United Committee on Energy and Commerce, to mark up the fol- States Code, to include postmasters and postmasters lowing: a resolution authorizing the issuance of subpoenas organizations in the process for the development and in connection with the Committee’s investigation of the planning of certain policies, schedules, and pro- financial collapse of HealthSouth and related matters; grams. Signed on September 30, 2003. (Public Law H.R. 2898, E–911 Implementation Act of 2003; H.R. 108–86). 3140, Fairness to Contact Lens Consumers Act; and H.R. 3143, International Consumer Protection Act of 2003, f 11:15 a.m., 2123 Rayburn. COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Financial Services, hearing entitled ‘‘Remit- tances: Reducing Costs, Increasing Competition, and OCTOBER 1, 2003 Broadening Access to the Market,’’ 10 a.m., 2128 Ray- (Committee meetings are open unless otherwise indicated) burn. Subcommittee on Domestic and International Monetary Senate Policy, Trade, and Technology, hearing entitled ‘‘China’s Committee on Commerce, Science, and Transportation: to Exchange Rate Regime and its Effects on the U.S. Econ- hold hearings to examine climate change, 9:30 a.m., omy,’’ 2 p.m., 2128 Rayburn. SR–253. Committee on Government Reform, Subcommittee on Civil Committee on Environment and Public Works: business Service and Agency Organization, oversight hearing enti- meeting to consider S. 1643, to exempt certain coastal tled ‘‘Human Capital Succession Planning: How the Fed- barrier property from financial assistance and flood insur- eral Government Can Get a Workforce to Achieve Re- ance limitations under the Coastal Barriers Resources Act sults,’’ 2 p.m., 2203 Rayburn. and the National Flood Act of 1968, S. 1066, to correct Subcommittee on Criminal Justice, Drug Policy and a technical error from Unit T–07 of the John H. Chafee Human Resources, hearing entitled ‘‘Strengthening the Coastal Barrier Resources System, S. 1663, to replace cer- Long Arm of the Law: How Are Fugitives Avoiding Ex- tain Coastal Barrier Resources System maps, S. 994, to tradition, and How Can We Bring Them to Justice?’’ 10 protect human health and the environment from the re- a.m., 2154 Rayburn. lease of hazardous substances by acts of terrorism, pro- Subcommittee on Human Rights and Wellness, hear- posed legislation providing for the reauthorization of the ing entitled ‘‘Dying for Help: Are Patients Needlessly Dingell-Johnson Sport Fish Restoration Act, and the Suffering Due to the High Cost of Medical Liability In- nomination of Michael O. Leavitt, of Utah, to be Admin- surance?’’ 2 p.m., 2154 Rayburn. istrator of the Environmental Protection Agency, 9:30 Subcommittee on Technology, Information Policy, a.m., SD–406. Intergovernmental Relations and the Census, executive,

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oversight hearing entitled ‘‘Security of Industrial Control Committee on Small Business, Subcommittee on Work- Systems in Our Nation’s Critical Infrastructure,’’ 1 p.m., force, Empowerment, and Government Programs and the 2247 Rayburn. Subcommittee on Tax, Finance, and Exports, joint hear- Committee on International Relations, Subcommittee on ing on Federal Prison Industry’s Effects on the U.S. Econ- Europe, hearing on Turkey’s Future Direction and U.S.- omy and the Small Business Environment, 2 p.m., 2360 Turkey Relations, 1:30 p.m., 2200 Rayburn. Rayburn. Subcommittee on International Terrorism, Non- Committee on Transportation and Infrastructure, to mark proliferation and Human Rights, and the Subcommittee up the following: H.R. 587, to amend title 40, United on Asia and the Pacific, joint hearing on Human Rights States Code, to add Ashtabula, Mahoning, and Trumbull in Burma: Fifteen Years Post Military Coup, Part I, 1:30 Counties, Ohio, to the Appalachian region; H.R. 1274, p.m., 2172 Rayburn. to direct the Administrator of General Services to convey Committee on the Judiciary, Subcommittee on Commer- cial and Administrative Law, oversight hearing on ‘‘The to Fresno County, California, the existing Federal court- Streamlined Sales Tax Agreement: States’ Efforts to Fa- house in that county; H.R. 1702, to designate the Federal cilitate Sales Tax Collection from Remote Vendors,’’ 2 building which is to be constructed at 799 First Avenue p.m., 2141 Rayburn. in New York, New York, as the ‘‘Ronald H. Brown Subcommittee on Immigration, Border Security, and United States Mission to the United Nations Building;’’ Claims, hearing on H.R. 2671, Clear Law Enforcement H.R. 3118, to designate the Orville Wright Federal for Criminal Alien Removal Act of 2003, 4 p.m., 2237 Building and the Wilbur Wright Federal Building in Rayburn. Washington, District of Columbia; H.R. 3181, Committee on Resources, to mark up the following bills: Predisaster Mitigation Program Reauthorization Act of H.R. 313, Coal Accountability and Retired Employee Act 2003; and a measure reauthorizing the John F. Kennedy for the 21st Century; H.R. 542, to repeal the reservation Center for the Performing Arts; and other pending busi- of mineral rights made by the United States when certain ness, 11 a.m., 2167 Rayburn. lands in Livingston Parish, Louisiana, were conveyed by Subcommittee on Water Resources and Environment, Public Law 102–562; H.R. 1899, Cape Fox Land Entitle- oversight hearing on Cleaning Up the Waste at EPA: ment Adjustment Act of 2003; and H.R. 2766, Arapaho Phase II, 2 p.m., 2167 Rayburn. and Roosevelt National Forests Land Exchange Act of Permanent Select Committee on Intelligence, Subcommittee 2003; and to hold a hearing on the following bills: H.R. on Terrorism and Homeland Security, executive, hearing 151, to elevate the position of Director of the Indian on Afghanistan/Pakistan Issues, 2 p.m., H–405 Capitol. Health Service within the Department of Health and Select Committee on Homeland Security, hearing entitled Human Services to Assistant Secretary for Indian Health; ‘‘Identification Documents Fraud and the Implications for and H.R. 2440, Indian Health Care Improvement Act Homeland Security,’’ 1 p.m., 2318 Rayburn. Amendments of 2003, 10 a.m., 1324 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 1 10 a.m., Wednesday, October 1

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 10:30 a.m.), Sen- (1) H.R. 1276, American Dream Downpayment Act; ate will begin consideration of S. 1689, Emergency Sup- (2) H.R. 2608, National Earthquake Hazards Reduc- plemental Appropriations Act. tion Program Reauthorization Act of 2003; (3) H.R. 1260, Animal Drug User Fee Act of 2003; (4) H.R. 3038, Health Care Safety Net Amendments Technical Corrections Act of 2003; (5) H.R. 3034, National Bone Marrow Donor Registry Reauthorization Act; and (6) H. Con. Res. 271, Congratulating Fort Detrick on 60 years of service to the United States.

Extensions of Remarks, as inserted in this issue

HOUSE Hobson, David L., Ohio, E1933 Petri, Thomas E., Wisc., E1923 Johnson, Eddie Bernice, Tex., E1934 Pickering, Charles W. ‘‘Chip’’, Miss., E1933 Baker, Richard H., La., E1932 Kaptur, Marcy, Ohio, E1915, E1916, E1917, E1918 Pomeroy, Earl, N.D., E1926 Bishop, Timothy H., Jr., N.Y., E1931 Kirk, Mark Steven, Ill., E1933 Porter, Jon C., Nev., E1918 Burgess, Michale C., Tex., E1921 Lantos, Tom, Calif., E1922 Rogers, Mike, Ala., E1920 Cardin, Benjamin L., Md., E1920, E1923 Lee, Barbara, Calif., E1926 Rothman, Steven R., N.J., E1925 Cardoza, Dennis A., Calif., E1921 LoBiondo, Frank A., N.J., E1931 Roybal-Allard, Lucille, Calif., E1934 Castle, Michael N., Del., E1919 McCollum, Betty, Minn., E1920 Sa´ nchez, Linda T., Calif., E1926 Cramer, Robert E. (Bud), Jr., Ala., E1919 McInnis, Scott, Colo., E1926, E1928, E1930, E1931, Serrano, Jose´ E., N.Y., E1928 DeLauro, Rosa L., Conn., E1924 E1931, E1932, E1933, E1933, E1934, E1934 Shimkus, John, Ill., E1932 Diaz-Balart, Lincoln, Fla., E1919 Meek, Kendrick B., Fla., E1924 Skelton, Ike, Mo., E1918, E1925 Emanuel, Rahm, Ill., E1928 Moore, Dennis, Kansas, E1923 Smith, Lamar S., Tex., E1931 Frank, Barney, Mass., E1921 Norton, Eleanor Holmes, D.C., E1916 Smith, Nick, Mich., E1917 Gillmor, Paul E., Ohio, E1927, E1930 Pallone, Frank, Jr., N.J., E1915, E1916, E1916, E1917 Solis, Hilda L., Calif., E1927, E1930 Gordon, Bart, Tenn., E1924 Paul, Ron, Tex., E1927 Towns, Edolphus, N.Y., E1923, E1923, E1929 Hastings, Alcee L., Fla., E1915 Pence, Mike, Ind., E1920 Wolf, Frank R., Va., E1925

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