Floor Statements

Mr. Chairman, I thank the subcommittee chairman, the gentleman from Maryland (Mr. Bartlett), for yielding me time.

Mr. Chairman, I rise today in strong support of H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004, and I urge my colleagues to support the bill as well.

I represent Columbus, Georgia, and Fort Benning, the home of the infantry as well as NAS Atlanta and Dobbins Air Reserve Base in my home, Marietta, Georgia, of Cobb County.

Mr. Chairman, as a first-term member of the House Committee on Armed Services, I am extremely proud of this legislation for many reasons; and I sincerely thank the chairman, the gentleman from California (Mr. Hunter), the ranking member, the gentleman from Missouri (Mr. Skelton), and all the subcommittee chairmen, especially my subcommittee chairmen, the gentleman from Pennsylvania (Mr. Weldon) and the gentleman from New York (Mr. McHugh), the ranking members, the gentleman from Hawaii (Mr. Abercrombie) and the gentleman from Arkansas (Mr. Snyder) for the manner in which they have led our committee and for producing a bill that accomplishes so many important goals.

As all Americans have seen over recent months, the American military today faces many different challenges, from urban warfare to more traditional air and ground combat to special operations missions and battles with irregular forces. Our brave men and women in uniform have met all kind of threats. They are committed to protecting our American homeland and to fostering democracy and liberty around the world. Today, Congress matches this commitment with the passage of H.R. 1588.

Mr. Chairman, this bill increases the combat capabilities of our Armed Forces with appropriate levels of spending for readiness, procurement and research and development. It funds programs such as the M-1 Abrams tank and the Bradley fighting vehicles that are used in current conflicts and transforms our military to meet the threats of tomorrow with futuristic systems like the Air Force's F/A-22 Raptor.

The bill provides funding to make our homeland safe as well by combatting terrorism at home and abroad and continuing to develop the ballistic missile defense system.

Finally, Mr. Chairman, I support H.R. 1588 because it contains a number of benefits for our extremely valuable and often overlooked service members. This bill provides a 4.1 percent pay raise across the services and funds important military family housing priorities. It also improves the TRICARE system, the survivor benefit program, and has several provisions to improve the quality of life for members of National Guard and Reserves.

Mr. Chairman, we must remember that we owe all of our freedoms and safety to our brave men and women in uniform; and I am proud that many of them are with us today in the gallery. I am glad that Congress can help them in a small way with the passage of this bill.

Mr. Chairman, I urge all of them to support this very important legislation.

announcement by the chairman

Madam Chairman, I thank the gentleman for yielding me this time, and I rise today in strong opposition to the Sanchez amendment.

Current law prevents military facilities located overseas from performing abortions. This amendment would reverse this ban and allow facilities tasked with saving and preserving the lives of our military personnel to literally becoming abortion clinics.

Madam Chairman, I am sure that most of my colleagues are aware that the House has rejected this exact same amendment during committee and floor consideration of the defense authorization bill in each of the last 7 years. This body has acted wisely on this misguided amendment and for good reason.

I oppose this amendment not only as a member of the House Committee on Armed Services that is strongly committed to our national defense, but also as an OB-GYN physician of almost 30 years. In my career practicing medicine, I have delivered over 5,000 babies, and I remain steadfastly committed to pro-life principles.

Again, the primary mission of the military treatment center is to heal and protect human life, but this amendment seeks to overturn this mission and convert these facilities into providers of abortion instead.

Madam Chairman, I urge my colleagues to protect the sanctity of human life and oppose this Sanchez amendment.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1925) to reauthorize programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1925, as amended.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, let me start by thanking my colleagues on the Committee on Education and the Workforce for their diligence in getting us to the floor today. Specifically, I want to commend the gentleman from Ohio (Chairman Boehner), the ranking member, the gentleman from California (Mr. George Miller), as well as the subcommittee chairman, the gentleman from Michigan (Mr. Hoekstra), and the gentleman from Texas (Mr. Hinojosa).

Mr. Speaker, I rise in support of H.R. 1925, the Runaway, Homeless, and Missing Children Protection Act, which provides for the reauthorization of both the Runaway and Homeless Youth Act and the Missing Children's Assistance Act. This legislation strengthens and funds the programs and services authorized under these acts in order to address the needs of these children who need our help and protection.

The purpose of both acts remains relatively unchanged. However, we do aim to strengthen these programs that serve these at-risk children and youth.

H.R. 1925 continues to fund the Basic Center Program, the Transitional Living Program, and the Street Outreach Program to meet the needs of runaway, homeless and street youth. Grants are awarded to local public and private organizations to establish and operate these community-based shelters that are not part of the law enforcement, juvenile justice, child welfare, or mental health systems.

This legislation also seeks to improve Federal coordination to ensure a collaboration between the United States Departments of Health and Human Services, Education, Labor, Housing and Urban Development, and Justice in providing programs and services targeting runaway and homeless youth.

H.R. 1925 increases Federal support for these at-risk youth by authorizing the Runaway and Homeless Youth programs at $105 million for fiscal year 2004 and at ``such sums'' for fiscal years 2005 through 2008.

Additionally, H.R. 1925 continues to provide Federal support for the National Center for Missing and Exploited Children to enhance efforts to locate and recover missing children and help prevent abductions and sexual exploitation.

This bill increases the authorization level of the National Center for Missing and Exploited Children from $10 million to $20 million for each of the fiscal years 2004 through 2008, mirroring the PROTECT Act, and extends the authorization of the remaining activities under the act as ``such sums'' for fiscal years 2004 through 2008.

As the Nation's resource center and clearinghouse for information on missing and exploited children, the Center provides assistance to families and law

enforcement agencies in locating and recovering missing and exploited children, both nationally and internationally.

The Center acts to coordinate public and private programs that locate, recover, or unite missing children with their families; and it nationally disseminates information relating to innovative and model programs, services, and legislation that benefit missing and exploited children.

Mr. Speaker, it is important that we continue to support the National Center for Missing and Exploited Children; and I am pleased that H.R. 1925 accomplishes that goal.

H.R. 1925 does make several modifications to current law to streamline and strengthen the Federal support for the programs and activities that serve this very vulnerable segment of our country's youth population. The improvements made in this legislation will result in better services for at-risk youth. In fact, these improvements will benefit the Advocates for Bartow's Children, a basic center that is located in the Eleventh Congressional District of Georgia in Bartow County, my district.

Additionally, the work of the National Center for Missing and Exploited Children will continue to be supported, as they have played a role in many of the 1,074 cases of recovering of missing children in my home State of Georgia.

The Runaway, Homeless and Missing Children Protection Act makes small changes to these programs for at-risk youth. I would like to say that, although we are making some changes, these programs are already working well and efficiently. These are valuable programs that make a big difference in the lives of the children, youth, and families that rely on them. This bill enjoys support from both sides of the aisle, and the effort to pass this legislation has been truly bipartisan.

Mr. Speaker, this is much-needed legislation; and I would urge my colleagues to support H.R. 1925.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from Nebraska (Mr. Osborne).

Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Hoekstra), the honorable chairman of the Subcommittee on Select Education.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, the capture of Chief Warrant Officer Ron Young, Jr. by Iraqi forces terrified not only his family back in Lithia Springs, Ga., but also all the Americans watching the news clips of the POWs.

When our Nation goes to war, our soldiers answer the call to sacrifice with honor. In the War on Iraq, they proved once more that they're the greatest fighting force the world has ever known.

Yet, even with the best trained soldiers, even with the best equipment, real dangers confront our fighting men and women.

Such was the case on March 24, when the helicopter of Chief Warrant Officer Young and

Chief Warrant Officer David Williams went down and they were captured by Iraqis.

For several days, the families of the captives and the American public watched the excruciating television footage of our brave soldiers being interviewed by their captors.

We could tell by the looks on their faces that they were unsure of their fates. In fact, as Ron Young recently said, death seemed to be an inevitability.

But their families held out hope. Without new information, hope was all they had.

Weeks passed with no news and hope turned to despair.

And on Palm Sunday, our despair turned to jubilation, as advancing U.S. forces liberated the POWs.

Many of us woke up that day to see the Young family celebrating Ron's freedom.

The Young family talked of their lasting faith, of their hope. They talked of their love for Ron and their excitement over his imminent return. Mrs. Young, a day from her birthday, had her wish come true: She would, indeed, be reunited with her son.

Their joy was our joy. When American soldiers face danger in the name of freedom, their compatriots rally behind them. We mourn their setbacks; we hail their victories.

We celebrate the safe return of Ron Young Jr., an American patriot and hero, to his family in Georgia.

On May 9, the people of Douglas County, Ga., will gather by the thousands to welcome home Chief Warrant Officer Young.

And we also want to say thank you to Ron Young and the thousands of other soldiers who put their lives on the line to defend their country and its people.

May God bless this country and its military.

Mr. Speaker Today I introduce the Runaway, Homeless, and Missing Children Protection Act. This legislation contains the reauthorization of both the Runaway and Homeless Youth Act and the Missing Children's Assistance Act. This bill strengthens the programs and services authorized under these acts in order to better address the needs of the at-risk youth served.

The changes that were made to the Runaway and Homeless Youth Act will allow for a larger percentage of the allocation to go toward Transitional Living Programs. This will help to meet the need that exists for these programs so older runaway and homeless youth can develop the skills and resources to promote their independence and prevent future dependency on social services. Additionally, youth who are participating in the Transitional Living Program who come to the end of their 18 month stay before they reach the age of 18 will now be able to receive an exception to stay in the Transitional Living Program until they are 18 years old. The bill clarifies that term ``group homes'' in the Transitional Living Program includes ``maternity group homes.'' These group homes operate currently and have been successful at providing child development, family budgeting, health and nutrition, and other skills to promote the parent's long-term economic independence in order to ensure the well-being of the child. The Runaway, Homeless, and Missing Children Protection

Act authorizes parts A (Basic Centers Program), B (Transitional Living Program), C (National Communications System), and D (Coordination, Training, Research, and Other Activities) at $105 million for fiscal year 2004 and at such sums for fiscal years 2005 through 2008 and authorizes part E (Street Outreach Program) at such sums for fiscal years 2004 through 2008.

Additionally, the bill addresses the needs of missing, abducted, and sexually exploited children by reauthorizing the Missing Children's Assistance Act. This legislation increases the authorization level of the National Center for Missing and Exploited Children from $10,000,000 to $20,000,000 for fiscal years 2004 through 2008 to mirror the Prosecutorial Remedies and Other Tools to End the Exploitation of Child Today Act of 2003 (PROTECT Act), and extends the authorization of the remaining activities under the Act through 2008. The Runaway, Homeless, and Missing Children Protection Act also allows the National Center for Missing and Exploited Children to coordinate the operation of a cyber tipline to provide online users an effective means of reporting Internet-related child sexual exploitation in the areas of distribution of child pornography, online enticement of children for sexual acts, and child prostitution.

This piece of legislation has been worked out in a very bipartisan fashion and I am happy that we were able to come together to help address the needs of runaway, homeless, missing and exploited youth. These at-risk youth receive much needed services through these Acts and I urge my colleagues to support this important piece of legislation.

Mr. Speaker, I have come before the American people today to express my deep concern over the situation affecting our domestic airlines. Today we will be voting to appropriate a supplemental budget. Within this budget there will be much needed, in fact, critical funding for our troops who are currently engaged in combat with Iraq. This funding bill will also include payments to our domestic airliners to help fund security measures in response to the September 11 attacks.

Mr. Speaker, I support both components of this supplemental spending

bill. However, Mr. Speaker, it has become hard to understand that in these times of economic hardship why airline industry executives would take millions of dollars in bonuses while each of the companies is laying off large portions of its workforce while mired in billions of dollars of red ink. The airline industry must exercise fiscal restraint. I would hope that all of these companies would tighten their belts especially if we are going to ask the taxpayers of this country to help carry the burden of their business.

Mr. Chairman, I rise in support of the Hoekstra amendment. This Supplemental Appropriations Act is for one main purpose, and that is, to support the troops in this ongoing war and also in support of homeland security.

This shortfall in AmeriCorps funding, which has occurred over a number of years, $64 million, this is something that should be taken care of in the appropriate manner, within the authorizing committee, the Committee on Education and the Workforce.

There are some serious questions about the management of the AmeriCorps trust fund, and this clearly needs to be looked at carefully in the regular administrative process, through the Committee on Education and the Workforce; and I strongly urge my colleagues to vote in support of the Hoekstra amendment.

Madam Speaker, I thank the gentleman from Minnesota (Mr. Kline) for yielding me time.

When we have legislation in this body, often times we come up with an acronym. In this particular bill, the HEROES Act, Higher Education Relief Opportunity Act for Students, what a great acronym for H.R. 1412, because truly we are talking about doing something for our young men and women who are indeed our heroes.

We emphasize so much to young people that there is nothing more valuable to them in life than an education; and we want them, indeed, all of us, to be lifelong learners, and there is no more noble calling, of course, then service to one's country and putting one's life, indeed, in harm's way for this country as these students are now doing. So I commend the gentleman from Minnesota (Mr. Kline), my colleague on the Committee on Education and the Workforce. I commend the gentleman from Ohio (Mr. Ryan), my colleague also on this committee. In listening to his testimony, it is obvious where his heart is in regards to wanting to actually extend relief even more than this bill will do in regard to mitigating the accrual of interest during the time that these young men and women are serving our country.

And as the chairman of our committee, the gentleman from Ohio (Mr. Boehner), indicated, when we can figure out an opportunity to offset some of the costs of that, certainly we want to work very closely with the gentleman from Ohio. But it is indeed a wonderful bill and it is saying to these students, you can go right back to school as soon as your duty to this country is over with. The families will not be put upon during that interim for payment of interest; and I am a very proud, proud supporter of H.R. 1412, the HEROES Act.

Mr. Chairman, I yield myself 2 minutes.

(Mr. GINGREY asked and was given permission to revise and extend his remarks.)

Mr. Chairman, I rise in support of H.R. 1104, the Child Abduction Prevention Act, which provides for the national coordination of the AMBER Alert communications network and strengthens criminal penalties for kidnappers, child molesters, and the sexual exploitation of children.

This legislation also provides double, double the current authorization funding for the National Center for Missing and Exploited Children, which serves as the Nation's resource center to aid in finding and rescuing missing and exploited children and helping their families in their time of need.

In section 305 of H.R. 1104, the Committee on Education and the Workforce, of which I am a member, authorizes $20 million for the National Center for Missing and Exploited Children for fiscal years 2004 and 2005. Again, this is double the current level of funding.

As the Nation's resource center for missing and exploited children, the center carries out many important responsibilities that provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children. The center is active both nationally and internationally.

Mr. Chairman, it is important to note the center does not investigate abducted, runaway or cases involving sexually exploited youth, but receives leads and relays them to various investigative law enforcement units.

In an effort to assist law enforcement, the center offers both technical assistance, information dissemination, and advice. It also offers a free consulting service to agencies by expert retired law enforcement officers who are skilled in investigating cases involving sexual abuse of children and child abduction.

Mr. Chairman, I could continue on about the need for the Center for Missing and Exploited Children, but in the interest of progressing this debate, I would like to urge my colleagues to support this bill.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I yield 2 minutes to the gentleman from Michigan (Mr. Hoekstra), the chairman of the Subcommittee on Select Education.

Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Royce), who is a cosponsor of this very important piece of legislation.

Mr. Chairman, I yield 1 minute to the gentleman from Georgia (Mr. Burns) a member of the Committee on Education and the Workforce.

Mr. Chairman, I yield myself the balance of my time.

Mr. Chairman, as the Nation's resource center for child protection, the National Center for Missing and Exploited Children spends 94 percent of its revenue directly on programs and services. Due to their commitment to spend their resources on helping children, the center received an A+ rating in the Winter 2003 American Institute of Philanthropy Charity Rating Guide. This rating is used to recommend charities based on percentage of money spent on charitable purposes versus administrative expenses.

There were an estimated total of 58,200 children abducted by nonfamily members in 1999. Mr. Chairman, that is 160 abductions a day. To reduce this number, we must pass H.R. 1104. I would again urge my colleagues to support this bill.

Mr. Speaker, I rise today in strong support of the resolution offered by the gentleman from Georgia (Mr. Kingston). It is incumbent on the Congress to send a warning to Saddam Hussein and his regime of their obligation to treat prisoners of war humanely and abide by the rules of the Geneva Convention.

Mr. Speaker, the State of Georgia received sad news yesterday that one of our brave sons, Army Chief Warrant Officer Ronald Young, Jr., of Lithia Springs was captured and taken prisoner by enemy forces in Iraq. His capture and detainment by Iraqi forces troubles me greatly, and I know the entire House joins me in sending my strongest prayers and thoughts to his parents, Kaye and Ronald, Sr., as well as his wife, Stephanie, and their infant son. We pray for his safety and his quick return home.

Mr. Speaker, our goal is the swift and safe repatriation of all prisoners of war at the earliest possible moment, but I want the warning to Saddam Hussein and his regime to be clear: Any individual who mistreats a prisoner of war in violation of the Geneva Convention will be considered a war criminal and prosecuted to the full extent of United States and international law.

Mr. Speaker, I urge Members to support this resolution today and to remember the young family in your hearts and prayers.

Mr. Speaker, I thank the distinguished chairman of Committee on the Judiciary for granting me time to speak on H.R. 5, the Medical Justice Act, HEALTH ACT of 2003. As an OB/GYN Member of the body, I think I have a unique perspective on this issue, not only as a physician who has delivered more than 5,000 babies and seen many of my colleagues giving up their practice because of fear of runaway lawsuits, but also as a grandparent. Let me explain that to you, because this issue is all about access to care for our patients, the citizens this country.

My identical twin granddaughters were born 5 years ago at 26 weeks. They each weighed 1 pound 12 ounces. Thank God we were in a community where we had access to care. There was an OB/GYN physician willing to take care of my daughter in that high risk situation. There was a skilled neonatologist. We did have a hospital that still had an intensive care nursery.

Had we not been in that situation, had we been in a more rural part of my State or in some of the other States that are in a crisis mode, like the testimony that we heard from the mother yesterday from the State of Mississippi, my daughters would not have received that care, and instead of being healthy, vibrant 5-year-olds today, I am sure that both of them would have cerebral palsy, our family would be devastated and society would probably bear the brunt of the cost of their care for the rest of their lives.

So this bill is all about access to care. It is not taking away a person's right to a redress of grievances in a situation where they have been injured by a practice below the standard of care. It is not taking away from a trial attorney that works in the area of personal injury their right to do business, and most do in a very equitable manner and with integrity. No, it is not about that at all. It is about access to care.

I am proud to stand here today and enthusiastically support H.R. 5, and I hope the rest of my colleagues in this Chamber will do the same.

Mr. Speaker, will the gentleman yield?

Mr. Speaker, I thank the gentleman for yielding.

Mr. Speaker, as we know, this bill, of course, is applicable to those States that have not addressed this issue. Certainly the State of West Virginia and others who have finally tackled this issue, as they did in California in 1978, I believe, they can set their own caps. This law, H.R. 5, will be applicable to those States who, for one reason or another, have not.

Mr. Speaker, if the gentleman will continue to yield, the States that have no caps, of course, for noneconomic damages, this cap of $250,000 would be applicable.

If the gentleman will allow me to respond?

The answer is no, it takes away no one's economic rights.

What in H.R. 5 is the gentleman pointing out to me or suggesting that takes away a person's right to economic recovery?

Madam Speaker, I rise tonight and will take my time to describe the crisis that we face in this country regarding access to health care; and make no mistake about it, this is truly a crisis. When you have doctors unable to go to emergency rooms to provide emergency care, particularly for patients who have sustained automobile accident and head injuries; when you have OB-GYN physicians, as I am, stopping their programs at the most experienced states of their career because of the fear of litigation, you have patients who are in most need of those skills being the least likely to get them.

This crisis also extends to the facts that fewer and fewer of our best and brightest are choosing medicine as a career. The application rates to our medical schools are down significantly over the last several years. What is causing this? We hear from the other side and a lot of things are mentioned, insurance companies, of course, are being blamed for gouging physicians and for gouging the public. But I suggest to you, Madam Speaker, that that clearly is not the case.

Let me just give you a few statistics and share with you what has happened in my State, not just my own district, the 11th, but in the entire State of Georgia. MAG Mutual, Medical Association of Georgia Mutual Insurance Company, a doctor-owned insurance provider states that premiums for malpractice insurance are rising at rates of 30 to 40 percent a year. The Georgia Medical Association reports 20 percent of State doctors are curtailing the scope of their practices with some 11 percent actually refusing to performing emergency surgery.

Recently, the Georgia Board for Physicians Workforce released an access-

to-care study regarding physicians and the medical liability crisis. And let me share some of these statistics, and this is really frightening. In the State of Georgia, some 2,800 physicians are expected to stop providing high-risk procedures just to limit liability; 1,750 physicians in Georgia have stopped or are planning to stop providing ER coverage; 630 physicians plan to retire or in fact even leave the State. One in five family physicians and one in three OB-GYNs have reported plans to stop providing high-risk procedures including the high risk of delivering a baby. One-third of radiologists reported plans to stop providing high-risk procedures including, Madam Speaker, reading mammograms.

Now, Georgia is certainly not the only State in crisis. In fact, there are a total of 13 States that are in crisis: Georgia, Florida, Mississippi, Nevada, New Jersey, New York, Ohio, Oregon, Pennsylvania, Texas, Washington, and certainly West Virginia. And there are 30 other States that are in a near crisis. In fact, Madam Speaker, there are only about seven States in this country that are not in crisis or near crisis.

So the issue that we are presenting and the issue that H.R. 5 is trying to address is the fact that we are losing access to care and this is affecting every citizen in these United States, in all 50 States.

It is causing physicians to stop practice in many instances at the most critical time of their career, when they are the most experienced, they are the most compassionate, they have the best judgment and the highest level of skills. They are actually walking away. They are trading their white coats, literally, for fishing gear, which is a shame, which is a shame. And this is happening all across the country.

When physicians stop their practices, it is not just losing one doctor; it is really losing a business. We are in a time of economic crisis in this country. We probably have 8 million people who are unemployed. As I point out, we are not just talking about the loss of one job when a physician decides to retire early or move to another State. We are talking about 5, 10, 15, 25 employees who have worked diligently in that medical practice in support of that physician. And you are putting every one of these people out of work, and adding to this crisis that we face right now of this economic downturn.

So, Madam Speaker, it is not about the physicians and their bottom line or how much money they are making in practice. It is not that at all. What our concerns are is the fact that runaway jury awards which have almost created a lottery-like mentality are resulting in no patient access. And the stories of people going to the emergency room, needing to see that neurosurgeon to treat that potential closed head injury. We heard some testimony today in a press conference. It was awfully sad to see the wife whose husband is now severely brain damaged. She came to Washington today, all the way from California with her two teenage children to describe how she went to the emergency room, her husband was taken to the emergency room after the automobile accident that he was in and there was no neurosurgeon on duty. And he had to literally be air-lifted 60 miles away, and it was a 6-hour delay before he could get the care that he needed and the result was he sustained permanent brain injury.

Madam Speaker, I see some of my colleagues have joined me in the Chamber, and I want to at this point yield to them. I know they have worked very diligently on this issue. They are co-sponsors of H.R. 5, and they have got a lot of expertise that I know they would like to share with the Chamber and with the Members and, of course, with the American public. I would first like to recognize the gentlewoman from West Virginia (Mrs. Capito).

Mr. Speaker, I thank the gentlewoman from West Virginia for her comments, and I am really appreciative of her pointing out some things that needed to be mentioned.

I talked about the fact that when a doctor closes his or her door that it affects more than one employee and it could affect five or 10 or so, and the West Virginia crisis was as serious as any in the Nation, and I commend West Virginia General Assembly and the governor for passing this reform, the Medical Justice Act as the gentlewoman from West Virginia described it, and that is really what it is. It is a Medical Justice Act, and what is important for people in this country to understand is that nobody, no physician certainly, is trying to deny a patient the access to a redress of grievances in a situation where they have been injured or a family member has lost their life because of practice below the standard of care, either on part of the physician or the hospital in which that care was provided.

I have unfortunately, over a 30-year career in OB/GYN with 5,200 deliveries, been involved in a couple or three lawsuits where myself, along with six or eight or 10 other people, were named, and in at least one of those cases I was pulling for the plaintiff. I felt that they deserved just compensation and was glad when they received it.

Nor are we trying to, in trying to address this problem with H.R. 5, to say and paint with a broad brush that all attorneys are guilty of being egregious in their behavior in regard to filing frivolous lawsuits and gouging the system. In fact, I think the opposite is true. Most attorneys are very professional. Those who are involved professionally in personal injury law do a good job, and they represent their clients well. Unfortunately, there are too many of those situations where the lawsuit is frivolous, and because of the ridiculous contingency fee structure it sort of promotes the filing of frivolous lawsuits and hoping for that one in a million lottery payoff, and that is really, it is not only putting physicians out of business. As the gentlewoman from West Virginia said, it is causing rural hospitals that provide some of the most important high risk care, a preponderance of Medicare and Medicaid patients, and they are closing the doors, and as she pointed out, in many instances that is the only employee base in the whole county or region of the State, and so it does not justify situations, but it is hospitals, too, that are dealing with this, and many of them, of course, are self-insured.

I see that the author of this bill, Madam Speaker, the distinguished gentleman from Pennsylvania is here, and I would like to yield as much time as he needs to let him talk about the bill.

Madam Speaker, I thank the gentleman, the author of this bill, the distinguished gentleman from Pennsylvania (Mr. Greenwood) and the work that he has done on H.R. 5 trying to address this problem.

Madam Speaker, I notice that a couple of our colleagues who are doctors have joined us in the Chamber, and I would like to call on them to talk about this crisis and the medical justice bill, the Greenwood legislation, H.R. 5, which we are going to pass tomorrow and hopefully get that passed in the Senate and solve this problem.

First of all I will yield to the gentleman from Pennsylvania (Mr. Murphy). Dr. Murphy.

I appreciate that question from the gentleman from Pennsylvania because it is so critical, and my colleague has worked so closely in that area dealing with those type patients after the fact and trying to work through their unfortunately permanent problems that they sustain as a result of that lack of access to care.

I can just anecdotally tell of a situation in my own family, Madam Speaker. My grandchildren, my twin granddaughters, who are precious, of course, as all grandparents talk about their grandchildren, but mine are now 5\1/2\ years old, but they were born at 26\1/2\ weeks. Now, very fortunately, we were in a community where we had excellent care. We had access to OB/GYN care; in fact, my own group. And we had a wonderful hospital and a wonderful intensive Neonatal Intensive Care Unit that the gentleman from Pennsylvania (Mr. Murphy) is talking about. But had that occurred in a rural community, had that occurred in a community like West Virginia or Pennsylvania, where we are in a crisis mode, and physicians because of the inability to pay for these outlandish, outrageous malpractice fees caused by this crisis, then our little grandchildren would have not had that care and, without question, they would have become a statistic, as the gentleman from Pennsylvania is talking about.

That is the tragic situation that we would have experienced, and that others have experienced because of this crisis, not to mention the cost to society in trying to take care of children that sustain brain injury because of a lack of access to adequate obstetrical care. So I am so grateful the gentleman from Pennsylvania brought that up.

Madam Speaker, I thank the distinguished doctor, the gentleman from Pennsylvania, for his testimony.

I want to just share some statistics with the Chamber and then yield to the distinguished OB/GYN physician, the gentleman colleague from Texas (Mr. Burgess), to tell us a little bit about, through his eyes, what the State of Texas is faced with.

Indeed, Madam Speaker, Texas, just as Pennsylvania, just as West Virginia, just as Georgia, is one of those crisis States. According to a Texas Medical Association poll of Panhandle doctors, 61 percent, 61 percent, have plans to retire early, and 83 percent say they use defensive tactics in practicing medicine for fear of being sued.

Another story from south Texas. A pregnant woman was forced to drive 80 miles to a San Antonio doctor and hospital because her family doctor in her more rural hometown had recently stopped delivering babies, citing malpractice concerns.

Madam Speaker, at this time I yield to a distinguished physician, the gentleman from Texas (Mr. Burgess).

Madam Speaker, I want to share some examples of excessive costs for liability concerns. Consider this: an April 2002 survey of physicians showed that nearly 80 percent have ordered more tests than medically needed because the doctors feared being sued, and nearly 75 percent referred patients to specialists more often than necessary. Doctors spent $6.3 billion last year on medical liability coverage. Hospitals and nursing homes spent billions more. The Federal Government, through its funding of Medicare, Medicaid and other programs, pays an additional $28 to $47 billion a year for health care due to the cost of medical liability coverage and defensive medicine.

Madam Speaker, I would like to yield to the gentleman from Iowa (Mr. King).

Madam Speaker, I thank the gentleman for sharing his experience in his State.

Madam Speaker, I see that the gentleman from Florida, the distinguished doctor of internal medicine, has joined us in the Chamber. I yield to the gentleman from Florida (Mr. Weldon).

I thank the gentleman from Florida, the distinguished doctor, for sharing those remarks with us. As one of the original cosponsors of this bill, of H.R. 5, he deserves a lot of credit for bringing it to this point.

Madam Speaker, in closing, as I said at the outset of the hour, this bill is not about denying access to a redress of grievances, if you will, for a patient who has been injured by a physician or a facility who is practicing below the standard of care for that community. Nothing in this bill does that, and it is not a bill to take away the right of a profession, an attorney who is engaged in personal injury work, to do their work and do it well. It is not about that at all. It really is about two things. It is about saving a great profession for my doctor colleagues, yes, but that is not the most important thing. The most important thing is to try to save a health care system, arguably the best in the civilized world, from the destruction of a legal system that has run amuck. That is what H.R. 5 is about, the HEALTH Act of 2003, the Medical Justice Act, if you will. I am a very proud cosponsor of this legislation. Tomorrow, when I vote for H.R. 5, it will be a very important moment in my young political life. I predict that this bill will pass this House of Representatives and we will move it on to the Senate. It is time for the Senate to act. Patients demand it. Our constituents demand it. It is too important to miss this opportunity.

Mr. Speaker, I thank the gentleman for yielding me this time.

Mr. Speaker, I rise today as a member of the Committee on Armed Services in strong support of the Hunter-Skelton resolution commending the members of the United States Armed Forces.

Mr. Speaker, the area of Georgia I represent has a long history of involvement with the American military. Thousands of brave men and women from our area have donned the uniform of our Armed Forces to protect and defend the freedoms that we all enjoy. In the current war against terrorism, and other crucial conflicts around the world, the Eleventh Congressional District of Georgia is again providing leading support at home and abroad.

I am proud to represent Fort Benning, which has been training the world's best infantry soldiers since 1918. It is the third largest personnel post, home to 30,000 soldiers, 25,000 family members, and 6,500 civilian employees. Many of these soldiers are presently deployed in the Persian Gulf and other areas around the globe. Thousands more have received training at Fort Benning's Infantry, Ranger and Airborne Training Brigades.

In the northern part of my district, Dobbins Air Reserve Base and Naval Air Station Atlanta also contribute significant support to our current operations. As the home of the 22nd Air Wing, Dobbins has jurisdiction over thousands of activated Air Force reserves who put their personal and professional lives on hold in our Armed Forces.

Mr. Speaker, I am enormously proud of the men and women in the American military. They are in my prayers every day. I recognize the immense sacrifices that they and their families make in order to protect us, as well as the commitment they demonstrate by serving our Nation. Congress has no greater duty than to match this commitment with appropriate funding for their training, their equipment and benefits

for their families. I urge my colleagues to support our brave servicemembers, not only today through this resolution, but every day they are in Congress.

Mr. Speaker, I thank the gentlewoman for yielding me this time, and I rise today in support of this rule and I urge its passage.

Mr. Speaker, we are doing the right thing here today. It is my belief, as an OB-GYN physician for over 28 years, with over 5,000 deliveries, that human cloning is not only morally wrong but it is also a very dangerous practice.

Human cloning for reproduction poses serious risks of producing children who are stillborn, severely malformed, or disabled. We can make this assertion because most cloned animals have demonstrated serious genetic defects. The most high-profile example, of course, is Dolly the sheep, with the premature aging situation.

With this knowledge, would we wish to create these hardships for even one child?

I also oppose cloning embryos for research because it is a very short bridge to implantation and, thus, reproductive cloning. If we allow human embryo farms for research, it will become impossible to enforce a ban on reproductive cloning.

Although I fully support this rule and H.R. 534, I do have concerns about the bill. The creation and destruction of human life is the most serious issue that we can face. Therefore, if it is unacceptable to participate in human cloning within the United States, then we should extend this ban and prohibit United States researchers from participating in human cloning outside of the United States as well. U.S. law when enacted is assumed not to apply to citizens when they are outside of the United States borders. In other words, there is an ``assumptive nonapplication.'' However, the courts have held when Congress acts to explicitly apply United States law to citizens acting outside of our borders, the justice system can prosecute these actions.

H.R. 534 is a good bill, but in the future we should seek to extend the ban to prohibit United States citizens from performing human cloning outside of our borders.

Mr. Speaker, Ronald Reagan once said that the best thing that the government can do to stimulate the economy is get out of the way, and I agree completely. President Bush's economic growth and jobs creation plan is a perfect blueprint for

what elected officials should do to stimulate this economy and create jobs.

I want to just tell my colleagues briefly about a small company in my district, the 11th of Georgia, the Daisaka company owned by Patty and Carlos Suarez. This is a glass-decorating company. They started 5 or 6 years ago with 6 employees and now have 45, but the Suarezes want to grow that company. With the increase of the capital credit from $25,000 to $75,000 a year they are going to be able to do that and create 10 or 12 additional jobs and grow that company.

We need to pass this economic growth and job creation package now so that more and more small businesses in this country, we estimate 23 million of them, will benefit from this growth package and end up creating 1.2 million jobs.

I commend the President and we need to get on with that business and pass that package.

Mr. Speaker, I rise today to address the House on a very important matter. I would like to speak about Miguel Estrada, President Bush's nomination for the United States Court of Appeals for the District of Columbia. I applaud the nomination. Miguel Estrada would not only be the first Hispanic to sit on this court but

more importantly he is a very well-qualified nominee. Miguel Estrada has argued 15 cases before the Supreme Court. He received a ``well- qualified'' rating from the American Bar Association, the highest rating possible. He has also received an ``outstanding'' rating in every performance category during his tenure in the Solicitor General's office under a previous administration.

It is interesting to note that five of eight judges currently serving on the D.C. circuit had no previous judicial experience. Mr. Speaker, it is clear Miguel Estrada is a well-qualified candidate for the bench. Yet the Senate has still not acted on this important appointment.