[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[House]
[Pages 14707-14709]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PERSONAL EXPLANATION

  Mrs. JONES of Ohio. Mr. Speaker, I ask unanimous consent that the 
following statement appear in the appropriate place in the 
Congressional Record behind the votes for Wednesday, July 7, 2004: 
unfortunately, I was unavoidably detained. Had I been present for the 
recorded Rollcall votes number 326 through number 335, I would have 
voted in the following way:
  No. 326--H. Con. Res. 410--Motion to Suspend the Rules and Agree, as 
Amended Recognizing the 25th anniversary of the adoption of the 
Constitution of the Republic of the Marshall Islands. I would have 
voted ``yes.''
  No. 327--H. Con. Res. 257--Motion to Suspend the Rules and Agree 
Expressing the sense of Congress that the President should posthumously 
award the Presidential Medal of Freedom to Harry W. Colmery. I would 
have voted ``yes.''
  No. 328--On agreeing to the Manzullo, Velazquez, Serrano amendment to 
provide $79.1 million for the Small Business 7(a) loan program, the 
amount provided last year, to finance more than $13 billion in small 
business loans. I would have voted in favor of the amendment.
  No. 329--On agreeing to the Flake (Arizona) amendment prohibiting use 
of funds to implement new restrictions on gift parcels and other items 
allowed for travellers to Cuba. I would have voted ``yes.''
  No. 330--On agreeing to the Weiner amendment increasing COPS funding 
by $107 million and offsets that funding by cutting funding for the 
Census. I would have voted ``yes.''
  No. 331--On agreeing to the Hefley amendment eliminating funding for 
the re-engineering design process for the 2010 short-form only Census. 
I would have voted ``no.''
  No. 332--On agreeing to the Kucinich amendment on funding for the 
Commerce Department to expand the membership of the President's 
``Manufacturing Council.'' I would have voted ``yes.''
  No. 333--On agreeing to the Paul of Texas amendment No. 9. I would 
have voted ``no.''
  No. 334--On agreeing to the Farr of California amendment prohibiting 
funds from being used to prevent states from implementing state laws 
authorizing the use of medical marijuana. I would have voted ``yes.''
  No. 335--On agreeing to the Paul of Texas amendment No. 10. I would 
have voted ``no.''

                              {time}  2313


              Amendment Offered by Ms. Millender-McDonald

  Ms. MILLENDER-McDONALD. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Ms. Millender-McDonald:
       Page 92, line 16, after the dollar amount insert the 
     following: ``(increased by $1,500,000)''.
       Page 93, line 8, after the dollar amount insert the 
     following: ``(reduced by $1,500,000)''.

  The CHAIRMAN. Points of order are reserved.
  Pursuant to the order of the House of today, the gentlewoman from 
California (Ms. Millender-McDonald) and a Member opposed will each 
control 5 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Millender-
McDonald).
  Ms. MILLENDER-McDONALD. Mr. Chairman, I yield myself such time as I 
may consume.
  My amendment would provide increased funding for the Small Business 
Administration's Women's Business Centers Program. This amendment would 
provide for an additional $1.5 million in funding for the Women's 
Business Centers Program that is currently funded at the level of $12 
million, which is included in the committee's version of the report, 
bringing this total level of program funding to $13.5 million.
  The United States Small Business Administration network of Women's 
Business Centers provide a wide range of services to women business 
owners at all levels of business development through grant funding to 
private, nonprofit economic development organizations. These centers 
are located in 46 States, the District of Columbia, Puerto Rico, 
American Samoa, and the Virgin Islands, and provide financial and 
general business management and marketing assistance, as well as long-
term training and counseling, to existing and potential women business 
owners, many of whom are socially and economically disadvantaged.
  Many centers make a special effort to assist women on welfare become 
self-sufficient and administer programs and workshops in business 
ownership, other employment or a combination of the two. All of the 
centers provide individual counseling and access to the SBA's programs 
and services.
  I have always been a strong supporter of women-owned small businesses 
and have led efforts in past Congresses to increase authorized funding 
levels for the WBC programs.
  Mr. Chairman, women-owned businesses are a dynamic and thriving force 
in the U.S. economy. Business ownership has been one of the most 
effective means of improving women's economic well-being. Female 
participation in business ownership at all levels is climbing. Women 
now own 40 percent of all small businesses and are growing at twice the 
rate of all other businesses. America's 9.1 million women business 
owners employ 2.75 million people and contribute $3.6 trillion to the 
economy.

[[Page 14708]]

  Additional funding for this program will go a long way to ensuring 
that both existing and new centers will have the funding to help women 
entrepreneurs with additional training and technology assistance, 
especially minority women and start-up businesses.
  I would like to thank the chairman and the ranking member for their 
support and guidance as I have introduced this amendment, and I ask all 
of my colleagues to support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. WOLF. Mr. Chairman, we accept the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Ms. Millender-McDonald).
  The amendment was agreed to.


                    Amendment Offered by Mr. Burgess

  Mr. BURGESS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Burgess:
       Page 108, after line 22, insert the following (and make 
     such technical and conforming changes as may be appropriate):

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

     SEC. 801. SENSE OF THE CONGRESS REGARDING THE FEDERAL TRADE 
                   COMMISSION.

        It is the sense of the Congress that the Federal Trade 
     Commission should provide to Independent Physician 
     Associations guidance on contracting with health plans, on 
     practice business arrangements, and on member communications, 
     and a reasonable time for such Associations to ameliorate 
     certain arrangements that could lead to Federal Trade 
     Commission enforcement of antitrust laws against any such 
     Association that has engaged in alleged anticompetitive 
     activities.

  The CHAIRMAN. Points of order are reserved.
  Pursuant to the order of the House of today, the gentleman from Texas 
(Mr. Burgess) and a Member opposed will each control 5 minutes.
  Mr. WOLF. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The point of order is reserved.
  Mr. BURGESS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this is an extremely important issue to physicians and 
patients around the country.
  Over the past few years, the Federal Trade Commission has been 
targeting groups of doctors known as Independent Physician 
Associations, alleging anticompetitive business activities. These 
groups, IPAs, are integrated groups of physicians that can provide a 
wide array of medical services to patients in their community.
  While it is important that the Federal Trade Commission enforce the 
antitrust laws when organizations engage in anticompetitive behavior, 
they must understand that the recent complaints brought against IPAs 
could and do disrupt patient care. This amendment would ask that the 
Federal Trade Commission keep in mind and provide Independent Physician 
Associations with guidance and a time to ameliorate any arrangement 
that could violate the law before the FTC pursues enforcement action.
  The fact is, Mr. Chairman, if you are an Independent Physician 
Association, in the eyes of the FTC, you are by definition a 
conspirator or in the process of conspiring. In fact, the FTC seems to 
pursue a mission statement that you are guilty unless you happen to be 
able to prove your innocence, and these actions are extremely expensive 
to fight.
  My concern is not so much the innocence or guilt of the 
organizations, but the impact that the lack of guidance from the 
Federal Trade Commission can have on the provider community and 
patients who receive a high quality of care from IPAs. IPAs 
consistently rate high in customer satisfaction and positive health 
outcomes.
  One such organization in north Texas, the North Texas Specialty 
Physicians, provides excellent health care. With over 600 doctors, they 
serve around 11,000 patients a day. They are the only Medicare risk 
provider in north Texas. This is important because Medicare risk is the 
old Medicare+Choice. Here is the group that took that Medicare HMO and 
made it work, made it work for the doctors and made it work for the 
patients; and as a consequence, they are punished for their success.
  They accept new Medicare enrollees when many other networks in the 
area do not. Most emergency calls are responded to by their physicians. 
Their access ratings are very high. At a time when most doctors will 
not take new Medicaid clients, they are one of the few networks that 
take new Medicaid enrollees every day.
  Federal agencies should not be punishing businesses when their only 
transgression is success. By having the FTC give IPAs basic guidance on 
how they contract with health plans and how they communicate with other 
IPA members and established business relationships, patient care in the 
community will not suffer. That should be our concern.
  It is important for the FTC to enforce the law. All this amendment 
asks is that a reasonable standard be applied and care be exercised 
when patient care could be disrupted.
  What brought this to my attention was this particular group which has 
been charged by the FTC with an action. This group has spent $1 million 
over the last year and a half, defending itself against what it 
believes are unfair allegations, and probably the FTC has spent, 
conservatively, three times that amount, and these are dollars we can 
scarcely afford out of this appropriation. Groups that are 
procompetitive and manage risk are being punished.
  Mr. Chairman, I plan to withdraw my amendment, but I hope to work 
with the chairman in the future to bring more balance to this 
situation.
  Mr. Chairman, at this time I withdraw my amendment.


                     Amendment Offered by Mr. Wolf

  Mr. WOLF. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Wolf:
       At the end of title VI, insert the following:
       Sec. 627. It is the sense of the Congress that the 
     Secretary of State, at the most immediate opportunity, 
     should--
       (1) make a determination as to whether recent events in the 
     Darfur region of Sudan constitute genocide as defined in the 
     Convention on the Prevention and Punishment of the Crime of 
     Genocide; and
       (2) support the investigation and prosecution of war crimes 
     and crimes against humanity committed in the Darfur region of 
     Sudan.

  The CHAIRMAN. Points of order are reserved.
  Pursuant to the order of the House of today, the gentleman from 
Virginia (Mr. Wolf) and a Member opposed will each control 5 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Wolf).
  Mr. WOLF. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the amendment is very simple and concerns recent events 
in the Darfur region of Sudan, which I visited last week. I offer the 
amendment on behalf of myself and the gentleman from New Jersey (Mr. 
Payne).
  The amendment asks the Secretary of State to support the 
investigations of war crimes or crimes against humanity in Darfur, and 
I have done this in consultation with my colleague on the other side, 
the gentleman from New York (Mr. Serrano).
  Senator Brownback and I just returned from spending 3 days and 2 
nights in Darfur, Sudan. During our trip we visited five refugee camps: 
Abu Shouk; Tawilah; Krinding; Sisi and Morney--all sprawling tent 
cities jam-packed with thousands of displaced families and fast 
becoming breeding grounds for disease and sickness. We drove past 
dozens of pillaged villages and walked through what was left of four 
burned to the ground. We heard countless stories about rape, murder and 
plunder.
  We talked to rape victims. We saw the scars on men who had been shot. 
We watched mothers cradle their sick and dying babies, hoping against 
all odds that their children would survive. We saw armed Janjaweed 
waiting to prey on innocent victims along the perimeter of refugee 
camps.
  We saw Janjaweed--who are carrying out these attacks--sitting astride 
camels and horses just a short distance from where young

[[Page 14709]]

and old have sought what they had hoped would be a safe harbor.
  The same stories were repeated at every camp we visited. The raids 
would happen early in the morning. First comes the low rumble of a 
Soviet-made Antonov plane to bomb the village. Next come helicopter 
gunships to strafe the village with the huge machine guns mounted on 
each side. Sometimes the helicopters would land and unload supplies for 
the Janjaweed. They would then be reloaded with booty confiscated from 
a village. One man told us he saw cows being loaded onto one 
helicopter. The Janjaweed, some clad in military uniforms, would come 
galloping in on horseback and camels to finish the job of killing, 
raping, stealing and plundering.
  Walking through the burned out villages we could tell the people 
living there had little or no time to react. They left everything they 
owned--lanterns, cookware, water jugs, pottery, plows--and ran for 
their lives. There was no time to stop and bury their dead. The 
Janjaweed made certain that there would be nothing left for the 
villagers to come home to. Huts were torched. Donkeys, goats and cows 
were stolen, slaughtered. Grain containers destroyed. In one village we 
saw where the Janjaweed even burned the mosque.


                            ethnic cleansing

  What is happening in Darfur is rooted in ethnic cleansing. Religion 
has nothing to do with what unfolded over the last year. It was clear 
that only villages inhabited by black African Muslims were being 
targeted. Arab villages sitting just next to African ones miles from 
the nearest towns have been left unscathed.
  While government officials are adamant in saying there is no 
connection between the Government of Sudan and the Janjaweed, the 
militiamen we saw did not look like skilled pilots who could fly planes 
or helicopters.
  We also were told the Janjaweed are well armed and well supplied. 
They have satellite phones, an astonishing fact considering most people 
in the far western provinces of Darfur have probably never even seen or 
walked on a paved road.
  The impunity under which the Janjaweed operate was most telling as we 
approached the airport in Geneina on our last day in the region for our 
flight back to Khartoum. In plain sight was an encampment of Janjaweed 
within shouting distance of a contingent of Government of Sudan 
regulars. No more than 200 yards separated the two groups. Sitting on 
the tarmac were two helicopter gunships and a Russian-made Antonov 
plane.
  The situation in Darfur is being described as the worst humanitarian 
crisis in the world today. We agree. But sadly things could get worse. 
Some say that even under the best of circumstances, as many as 300,000 
Darfuris forced from their homes are expected to die from malnutrition 
and diarrhea or diseases such as malaria and cholera in the coming 
months.
  The impending rainy season presents its own set of problems, making 
roads impassable for food deliveries and the likelihood of disease 
increasing dramatically with the heavy rains.


                      difficult life in idp camps

  Abu Shouk was the first of five IDP (Internally Displaced People) 
camps we visited. More than 40,000 people live in this sprawling tent 
city. Families arriving at the camps--almost all after walking for days 
in the hot sun from their now abandon villages--are only given a tarp, 
a water jug, cookware and a small amount of grain.
  At Mornay, the largest of the IDP camps in Darfur with more than 
70,000 inhabitants, it was hard not to step in either human or animal 
feces as we walked. In a few weeks, when the heavy rains begin, 
excrement will flow across the entire camp. Mortality from diarrhea, 
which we were told represents one-third of the deaths in the camps, 
will only increase.
  To their credit, all the non-governmental organizations (NGOs) that 
have been allowed to operate in Darfur have done--and continue to do--a 
tremendous job under extremely trying circumstances.
  Rapes, we were told, happen almost daily to the women who venture 
outside the confines of the camps in search of firewood and straw. They 
leave very early in the morning, hoping to evade their tormentors 
before they awake. With the camps swelling in size and nearby resources 
dwindling, they often walk several miles. The farther the women go from 
the camp, the greater the risk of being attacked by the Janjaweed.
  As we approached Mornay, we saw a number of Janjaweed resting with 
their camels and horses along the perimeter of the camp, easily within 
walking distance. In one camp we heard the horrific story of four young 
girls--two of whom were sisters--who had been raped just days before we 
arrived. They had left the camp to collect straw to feed the family's 
donkey when they were attacked. They said their attackers told them 
they were slaves and that their skin was too dark. As they were being 
raped, they said the Janjaweed told them they were hoping to make more 
lighter-skinned babies. We were told that some of the rape victims were 
being branded on their back and arms by the Janjaweed, permanently 
labeling the women.
  We also received a letter during our trip from a group of women who 
were raped. To protect them from further attacks, we purposely do not 
mention where they are from or list their names. The translation is 
heartbreaking:

       We are forty-four raped women. As a result of that 
     savagery, some of us became pregnant, some have aborted, some 
     took out their wombs and some are still receiving medical 
     treatment.
       Hereunder, we list the names of the raped women and state 
     that we have high hopes in you and the international 
     community to stand by us and not to forsake us to this 
     tyrannical, brutal and racist regime, which wants to 
     eliminate us racially, bearing in mind that 90 percent of our 
     sisters at (. . .) are widows.

  These rape victims have nowhere to turn. Even if they report the 
attacks to the police, they know nothing will happen. The police, the 
military and the Janjaweed all appear to be acting in coordination.


                       dire situation is man-made

  The situation in Darfur is dire, and from what we could see, it is 
entirely man-made. These people who had managed to survive even the 
severest droughts and famines during the course of their long history 
are now in mortal danger of being wiped out simply because of the 
darker shade of their skin color.
  Over the course of 3 days, we saw the worst of man's inhumanity to 
man, but we also saw the best of what it means to be human: mothers 
waiting patiently for hours in the hot sun so that they could try to 
save their babies; NGO aid workers and volunteer doctors feeding and 
caring for the sick and the dying; and the courage and bravery of men, 
women and children eager to talk to us so that we would know their 
story.
  The world made a promise in 1994 to never again allow the systematic 
destruction of a people or race. ``Never again''--words said, too, 
after the Holocaust.
  In Darfur, the international community has a chance to stop history 
from repeating itself. It also has a chance to end this nightmare for 
those who have found a way to survive. If the international community 
fails to act, the next cycle of this crisis will begin. The destiny 
facing the people of Darfur will be death from hunger or disease.
  Mr. WOLF. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentleman from 
Virginia (Mr. Wolf).
  The amendment was agreed to.

                              {time}  2320

  Mr. WOLF. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Gingrey) having assumed the chair, Mr. Hastings of Washington, Chairman 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
4754) making appropriations for the Departments of Commerce, Justice, 
and State, the Judiciary, and related agencies for the fiscal year 
ending September 30, 2005, and for other purposes, had come to no 
resolution thereon.

                          ____________________