Peter Deutsch

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to bring to this Chamber's attention a disturbing trend in video game entertainment: Grand Theft Auto: Vice City, a video game made by Rockstar Games, Inc., contains violent and discriminatory messages, urging the player to ``kill the Haitians'' and ``kill the Cubans.'' As an elected official who represents an ever-expanding population of Haitian Americans and Cuban Americans, I am deeply disturbed by the inflammatory and anti-immigration message contained in this video game. These messages run counter to the very principles on which this Nation was founded: as a haven for all of those who seek freedom and equality. I stand before the House today calling on my colleagues to join me, along with many elected officials, to urge retailers to remove this divisive product from their shelves and Internet Web sites immediately. The Haitian and Cuban communities in America represent a core of law- abiding, hard-working model citizenry that embrace family and community. They are valuable segments of our society who, as others before them, seek to live the American dream. It is shocking and disheartening to know that games with such dehumanizing messages against these groups are routinely sold to children across the Nation. This sort of insensitivity and degradation cannot be tolerated. I urge my colleagues to join me in calling upon retailers to remove this game.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to honor the life of Mr. Alfonso Gereffi, former mayor of Lauderdale Lakes, Florida. A distinguished leader and great Floridian, Mr. Gereffi was also a devoted husband, father, grandfather and great grandfather. Mr. Gereffi moved to South Florida in the late 1960's from Pittsburgh and quickly took an active role in the community. An outspoken advocate, Mr. Gereffi served on the Lauderdale Lakes City Council for nearly three decades. He served as a City Council member from 1973 to 1980 and as Mayor from 1980 to 1998. Under his exemplary leadership, the City boasted a record low tax rate and had a $9 million surplus. In addition to fulfilling his civic duties, Mr. Gereffi devoted his efforts towards charitable works as well. Among his proudest accomplishments was helping to open the Alzheimer's Day Care Center in Lauderdale Lakes. Mr. Speaker, I am honored to stand before you today in memory of a model citizen from South Florida. Mr. Gereffi devoted his energies to his family, friends, constituents and community at large. His greatest joy was in helping his fellow man and improving the quality of life for all in his city. He is survived by his daughters, a brother, four grandchildren, four great grandchildren, and several nieces and nephews.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to congratulate the Florida Marlins on winning the 2003 National League Pennant. On October 15th, they dismantled the Chicago Cubs in Game 7 of the National League Championship Series, completing a thrilled comeback in a series they once trailed three games to one. Even when down to their last few outs, the Marlins carne together and rallied back to earn the right to play on baseball's highest stage; the World Series. It should be noted, Mr. Speaker, that at the beginning of the season the Florida Marlins were not expected to be a factor in the postseason. Underestimated, overlooked, and ignored, the Marlins proceeded through the dog days of summer and down the stretch with courage and grit, and finishing the season with the best record in Major League Baseball since May. Led by 72-year-old manager Jack McKeon, who took over the team in May when it held a losing record, the Marlins have relied on their tenacious young pitching and powerful, fast-paced offense. Josh Beckett, 23, and Dontrelle Willis, 21, have battled with hitters all season and continue to dominate. The offense has been consistent all season with the speed of Juan Pierre, the power of Ivan ``Pudge'' Rodriguez, the youth and enthusiasm of Miguel Cabrera, and the experience of baseball veterans Mike Lowell and Jeff Conine. This group of young players and journeymen has come together and created a powerful unit to be reckoned with in the World Series. An expansion team in 1993, the Marlins won their first pennant in 1997, beating the perennial power, the Atlanta Braves. They went on to the World Series where they defeated the Cleveland Indians in seven games. This year the Marlins were once again the wild card team and are creating the same sort of magic as they did in 1997. It is my hope that the Marlins will continue their winning tradition next week against the New York Yankees. Mr. Speaker, It is an honor for a team to represent their league in the World series. I am thrilled at the success of the Florida Marlins and I know that they will do their best to bring a second World Series title to South Florida.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Chairman, the DeFazio amendment only deals with our money, not their money. There is every indication that Iraq will remain part of OPEC, will remain part of a monopoly that taxes Americans to the tune of hundreds of billions of dollars.

Mr. DEUTSCH. Mr. Chairman, I offer an amendment.

Mr. DEUTSCH. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, yesterday eight of the Republican Members in the United States Senate voted not to have the $20 billion grant that is in our bill as a grant. And I have had the opportunity to listen to part of that debate. That debate was similar to some of the things that I mentioned on this floor in the substance of our debate but was not able to convince enough of our colleagues. This amendment is an attempt to do that and give people a second chance. The question is why should we give a grant to construction in Iraq? And I think we need to focus on this very specifically, why we should not, and why eight Republican colleagues in the Senate, after intense lobbying by the President, refused to do that. I think there is a very simple reason for it, and I think we need to focus on that reason. Iraq has the second largest oil reserves in the world. Trillions, not billions anymore, nor hundreds of billions, but trillions of dollars. It is not a relatively large country. Less than 30 million people. They have a natural resource to build themselves. But even more significantly than their natural resources, during the years of Saddam Hussein, even today with American troops in Iraq, and, clearly, once we leave, by all indications Iraq would be part of OPEC. Now, what has OPEC done to America and the citizens of America, our constituents? OPEC has put, effectively, the largest tax on the citizens of both the United States and the rest of the world, but of the United States, the largest tax in the history of the world. That is who Iraq is. They are those people that have taxed American citizens again in the hundreds of billions, if not trillions of dollars, by OPEC monopoly power. And if we think about that for a second, as illogical as it sounds that we as Americans and the American taxpayers and the citizens of this country who, all of us know, are struggling every week, every month to make their ends meet, whether it is a senior citizen that literally cannot afford prescription drugs, or the parent who unfortunately cannot send their kid to college, or the person who has lost their house because of a foreclosure that they cannot meet their payments or someone who has canceled their vacations, OPEC has directly, adversely affected every person in the United States and continues to do that. And by our actions, we are strengthening OPEC if we pass this legislation as part of a proposal that does not include not only a loan part of the proposal, but a loan part of the proposal that would, in fact, increase the production capacity of Iraq to 6 billion barrels of oil a day. That is probably the best thing that this Congress can do for Iraq is to help them increase the capacity of their oil fields to 6 million barrels a day, to give them the ability, as opposed to what this legislation does, which is literally the country with the second largest oil reserves in the world, we have importation of oil at these exorbitant prices through sole-source contracting that is going on now. We have the opportunity. We have a moment in time on this House floor right now to pass an amendment that would lead to the effort of requiring the World Bank as part of a loan effort to increase the production capacity of oil fields in Iraq, which they have the ability to do, to 6 million barrels a day. If we do that, if we do that, OPEC will end. OPEC will end. We have the opportunity. We talk about tax cuts in this Congress, and we debate them, and we talk about what good they can do and what problems they create. Well, let me state there is one tax cut that everyone in this Chamber should agree with and that is the tax cut to stop the hundreds of billions of dollars, trillions of dollars of taxes that OPEC is taxing our constituents, and we have the opportunity to stop that today with this amendment.

Mr. DEUTSCH. Mr. Chairman, will the gentleman yield?

Mr. DEUTSCH. Mr. Chairman, I appreciate the gentleman's courtesy. Mr. Chairman, as the gentleman knows, my comments were directly related to the issue of oil production capacity in Iraq and, in fact, Iraq's participation in OPEC. And this was the only way that I could get at that issue in terms of the mandatory process. I would be happy to withdraw this amendment; and I would hope that in the conference process that we are about to enter that there is an acknowledgment that OPEC membership and limitation on production capacity is problematic for the United States of America, and we need to focus on that.

Mr. DEUTSCH. Mr. Chairman, will the gentleman yield?

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Chairman, one of the things that all of us know is one and one equals two, and I think a very good question for all of us to ask is why are the two parts of this supplemental one part? Why are the military and the reconstruction parts of this bill together? Let me give the Members the answer, which is not very complicated: one and one plus two, is that if they were separate, the supplemental part dealing with reconstruction would fail. Every Member knows that. Why would it fail? Because my Republican colleagues would vote against it and it would fail. So they have leveraged to put the two things together and said if we vote against the bill, we are against the troops. That is not why this bill is in one bill. The reason it is in one bill is because if the two things were separate, the reconstruction effort would fail. Let me tell the Members why it would fail. Because it is crazy. Because it is crazy. Because it is indefensible from policy grounds to have American taxpayers, literally American taxpayers, pay for the reconstruction of a country, 27 million people, that has trillions, trillions of dollars in oil reserves, the second largest oil reserves in the world. At the same time, this country, Iraq, is part of OPEC today, will be part of OPEC when the middle class, lower class people in America take their hard-earned tax dollars and their hard-earned wages taxed by the monopoly power of OPEC, which is exactly what Iraq is going to do, some of that monopoly tax, hundreds of billions of dollars of taxes that we are paying as Americans, see some of that money going to terrorists. Some of that money is going to terrorists; and the terrorists, in fact, are trying to kill us. Vote down the whole amendment, and let us send it back as separate bills.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to honor the life of Mr. Dave Samson, the late Mayor of Sunny Isles Beach. Mr. Samson was not only an exemplary civic leader, but a great Floridian, and a caring husband, father and grandfather. Since retiring in 1972 as a business owner in Chicago, Samson promptly moved to South Florida. Always eager to assist his fellow citizens and be active within the community, Samson became involved in many civic affairs, as he assumed the position of president of his condominium association. Eventually, Samson was recognized as the leader of Miami-Dade County's Citizens Advisory Committee. In 1997, Samson led a successful campaign to incorporate the 3-mile-long strip in northeast Miami-Dade County, and he became the founding father of Sunny Isles Beach. He also spearheaded a large-scale movement to remake a sleepy area of low-rise motels built along Collins Avenue in the 1950s into a dream city of soaring condominium towers. Not to be forgotten, Mayor Samson, the one and only Mayor of Sunny Isles Beach, was devoted to his family, his work, and his community. He was a remarkable man who was still working hard on his city's vision at age 88, up until his death this past weekend. Mr. Speaker, it is indeed an honor to stand here today and remember the life of an exemplary citizen of South Florida, one who devoted himself to his constituents, friends and family, and always sought a better quality of life for his community. His legacy will surely last a lifetime. Mr. Samson is survived by his wife, Marion, with whom he recently celebrated his 64th wedding anniversary, sons Michael and Stuart, and seven grandchildren.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I appreciate the ranking member's time, and also I want to congratulate the gentlewoman from Florida (Ms. Ros- Lehtinen), the chairperson of the subcommittee, my friend and colleague from Florida, who really, with the gentleman from New York (Mr. Engel) as well, brought this to our attention, and, through fighting for several years, brought it to the floor of the House. This bill I believe will pass today, but it is somewhat melancholy because at the same time, right after this debate is over, we are going to take up the supplemental bill which includes $20 billion of direct aid to Iraq, and when we talk about terrorism, all of these issues around the world are really intertwined. We know that Iraq sent several billion dollars, Saddam Hussein sent several billion dollars to Saudi Arabia that, at this moment in time, the United States Government still does not know where that money is, and in fact, there are many indications that money is directly supporting terrorism even while we speak and even while we stand here today. Those issues tying into getting to the root of terrorism cannot stop anyone. They cannot stop at Syria. They cannot stop at Saudi Arabia. This legislation will go a long way in protecting the lives of Americans, but yet we need to go further.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, Florida is the paradigm of where the economy is the environment. We have had a strong tradition of bipartisan support for that premise, and we have fought successfully now for decades to prevent the drilling off of our coast. The potential adverse effect both on the Atlantic and Gulf coasts would be monumental in terms of the potential adverse effects versus any potential gain. That is why, again, through democratic administrations of Governors and Republican administrations of Governors, including the present administration, the President's brother, the effort has been united across the State to prevent this type of activity. I obviously join with my colleagues and am somewhat surprised that, mysteriously, language that was taken out and, again, I keep repeating, in a bipartisan way. It is interesting, even though Florida is the fourth largest State in the country, we have the distinction of being the second largest Republican delegation in this Congress. I would be somewhat dismayed, and I wish that some of my colleagues, although I am sure just because we ended early are not here with us, because they have been leaders. This issue, as I said, is signed by all but one member. The gentleman from Florida (Mr. Goss), the vice chairperson of the Committee on Rules, is one of the cosignatures. Mr. Speaker, I urge the adoption of the motion, and I urge the Congress to take out this language before adoption of the bill. Mr. Speaker, I will at this time submit for the Record a letter to the Speaker, the majority and minority leaders of the House and Senate signed by 24 of the 25 Members of the Florida delegation urging the Congress to take out the language that would set up this inventory. Congress of the United States, Washington, DC, September 30, 2003. Hon. Dennis Hastert, Speaker, House of Representatives, U.S. Capitol, Washington,

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to commemorate an important semi-annual conference that will be taking place in my district over the span of four days in October. Becker & Poliakoff, a highly respected and diverse commercial law firm based in Hollywood, Florida, has been chosen to host the Fall meeting of Consulegis, an international network of law firms. Consulegis, an international association of independent law firms, was first founded in Germany to provide cross-country services when numerous restrictions once were in place that hindered commerce between many countries in Europe. Members of this organization include law practices that achieve the hallmark of being independent, commercially minded, and possessing the highest professional standards. Since its initial inception, the organization has grown rapidly, once encompassing more of Europe and then later expanding to include members from other continents of the world. The founding principles that guide this exemplary international group are based on the premise that within our globalized commercial framework, cooperation and cohesion amongst a strong network of firms will bring forth the ideal results for their respective clients. Simply by working together, Consulegis and its independent firms can rely on a number of resources and a solidified level of trust to achieve their goals. Mr. Speaker, it is truly a special occasion to rise today and honor this event. Not only am I proud of the respected law firm in my district, Becker & Poliakoff, which has proven worthy as a member of Consulegis to host this crucial conference, but I am encouraged by this organization's efforts to bridge gaps in the international community. Indeed, forming a reliable network of professionals all seeking to help their clients and spur growth in our international commercial framework only has proven to be positive in every sense. From partnerships such as Consulegis and the cooperation they foster, these firms have been trailblazers in understanding and harnessing the beneficial context of the international economy.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I was unavoidably absent from the chamber today during rollcall votes No. 509, No. 510, No. 511, and No. 512. Had I been present, I would have voted ``yea'' on rollcall No. 509, ``yea'' on rollcall No. 510, ``yea'' on rollcall No. 511, and ``no'' on rollcall No. 512.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, it is with great honor that I rise today to honor the life and military service of Army Specialist Rafael Navea, a soldier who was killed August 27th in Al-Fallujah, Iraq, about 40 miles west of Baghdad during his dedicated service to our nation. Born in Michigan, Navea was raised in Caracas, Venezuela, where he attended Catholic School and later enrolled in a military school. It was a lifelong dream of his to be in the military and follow the footsteps of his Uncle Fernando, a military officer in Colombia. Navea's family later moved to Miami and later Pittsburgh, where Rafael joined the military in 1993. Upon serving for four years in the Army, Navea transferred to reserve status in an effort to pursue an education at a technical school, specializing in the study of computers. While attending school and working at the University of Pittsburgh Medical Center (UPMC), he met his wife, Marina, a transplant nurse there at the hospital. Later, Marina and Rafael started a family, and the couple had three boys--now ages 11, 5, and 3. A loving father and a dedicated soldier to his country, Rafael viewed his role in liberating the Iraqi people with a great sense of urgency and duty. He often spoke of the poverty he witnessed in Iraq, similar to the conditions he encountered as a young boy in South America. From this experience, Navea wanted to help the people of Iraq achieve a better quality of life. Additionally, Navea spoke to his mother about the dangers of terrorism and how something needed to be done to prevent its spread across the globe and make the world a safer and better place for his children. Mr. Speaker, it is, indeed, truly a sad moment to stand here today and honor the life of this fallen soldier. However, I am comforted by the fact that Specialist Navea has left a lasting legacy as an exemplary father, a loving son, and a true American hero. Rafael Navea is survived by his mother Maria Lucia Kilpatrick of Weston, Florida, and his wife Marina and three children of Fort Still, Oklahoma.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I was unavoidably absent from the Chamber today during rollcall votes No. 503, No. 504, and No. 505. Had I been present, I would have voted ``yea'' on all of these votes.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to call for representation for Taiwan at the United Nations. During the October, 1971 debate on admitting the People's Republic of China to the United Nations, George H.W. Bush, the United States Ambassador to the United Nations, worked hard to implement the United States' official policy: dual representation which would allow both Beijing and Taipei to be represented in that body. The father of today's president suggested that China take the seat in the UN Security Council and that Taiwan take a seat in the General Assembly. But George H.W. Bush's efforts at the time were undercut both by Henry Kissinger and Nationalist leader Chiang Kai-shek. Kissinger did not support dual representation for China and Taiwan. He happened to be on his second visit to Beijing preparing for President Nixon's trip while the debate was underway. Ambassador Bush noted later that the Kissinger trip swayed some votes against the American position. Chiang Kai-shek, then President of the Republic of China, himself did not support dual representation, clinging to the absurd position that he and his Kuomintang government were the sole legal government of all the Chinese people. The UN vote to seat the People's Republic of China righted the obvious injustice that had meant 1 billion people were not represented in the UN. But the vote also created a major injustice, leaving the people of Taiwan unrepresented. Chiang and his obdurate KMT position are now history. Taiwan's government no longer makes this ridiculous claim. Moreover, Taiwan has moved from the autocratic days of Chiang's martial law to full-fledged democracy. I call upon President George W. Bush to implement the same policy his father fought for--dual representation for both Beijing and Taipei in the UN, participation by Taiwan in all international fora, and full diplomatic recognition of Taiwan by the United States. The brave citizens of Taiwan deserve nothing less and the global community striving to defeat terrorism will be strengthened by Taiwan's recognition and participation.

Mr. DEUTSCH

Mr. DEUTSCH. Mr Speaker, I rise today with great pleasure to honor Mr. Sam Halpert and Mr. John Deegan of Pembroke Pines, FL, distinguished civil servants, contemporary American heroes, and great Floridians. Now more than ever, our nation needs strong leaders--leaders who can be relied upon to protect the public from a growing number of natural disasters, the spread of terrorism, and crime in our city streets. Mr. Halpert and Mr. Deegan exemplify the types of heroes that describe a quarter century of service to local communities and to our country. Through hard work and effort, they have protected the South Florida community and its citizens for over a combined total of 50 years. Mr. Halpert, who began his career fighting fires as a volunteer in the 1970s, has most recently served as the city's fire marshal. Mr. Deegan began his service to South Floridians as a paramedic, and now he is to be commended upon his retirement as the division chief in charge of emergency medical services. Although Halpert and Deegan pursued different paths, they remained bound by their shared commitment to community welfare. Since 1978, Pembroke Pines has experienced tremendous growth from about 14,000 to 160,000 residents. Surely, with this immense growth in population comes the enormous responsibility of protecting its citizens. Instead of viewing this growth as an obstacle, Halpert and Deegan saw providing care and services to all Pembroke Pines' residents as a challenge, and they ensured the utmost quality in fire protection and emergency medical services. Upon their retirement, I am pleased to take this opportunity to celebrate their amazing service to Broward County. Clearly, dedicated citizens such as these individuals serve as an example to us all, highlighting the extent to which fellow citizens are actually everyday heroes. Though the Pembroke Pines Fire Department and EMS will surely miss their commitment and service, each man has left an indelible impression on their respective institutions that will last a lifetime. Mr. Speaker, it is truly a special occasion for me to honor Mr. Halpert and Mr. Deegan, who have embodied community leadership and strength as upstanding Floridians for over 25 years.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to honor the life of Mrs. Meryl Feren, a great Floridian, a caring wife and mother, and a charitable activist. Originally from Bronx, NY, Mrs. Feren moved to Sunrise, FL in 1980 and soon began a noted career in business and charity services. Mrs. Feren, the wife of current Sunrise Mayor Steve Feren, made an indelible impression upon the South Florida community. The couple first met while studying at Queens College in New York City, and soon married and moved to South Florida. Since arriving to Sunrise, Meryl Feren started a successful mortgage-foreclosure research business. Her business expertise and ability to work with others garnered her the respect of many in the business community. In addition to being an accomplished professional, Meryl Feren always took time to assist in her husband's political campaigns and public service as well. Her husband knew he could always rely on her for advice, enthusiasm on the campaign trail, and an undying commitment to his goals in public service. Besides campaigning for Mayor Feren, Meryl was a board member of the West Broward Democratic Club, where she volunteered in numerous community initiatives. Mrs. Feren's charity work included helping out with Kids Crusaders, an organization for abused children. Also, Feren always found time to help an organization known as City of Hope, a fundraising group that sought money to fund a California research hospital that studies illnesses such as cancer. Clearly, Mrs. Feren placed a priority on volunteering her time for worthy causes, and she set out to assist others in need. - Mr. Speaker, it is indeed an honor to stand here today and remember the life of an exemplary citizen of South Florida, one who remained devoted to her fellow neighbors and family, and always sought a better quality of life for her community. Her legacy as a wife, mother, and activist for a number of causes will surely last a lifetime. Mrs. Feren is survived by her husband Steve Feren; son Adam Feren; her mother, Anne Mallin of Sunrise; and a sister, Lori Mallin of Sunrise.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, the gentleman from New York who just spoke mentioned that he voted against the use of force resolution. I voted for it. It was the right decision then, it is the right decision still. I have been supportive of what the President has tried to do. I think he had led this country down an incredibly significant path in terms of fighting terrorism, which is really truly the challenge of our decade, the challenge for this generation. But I think this debate on the floor, even though it is after midnight, in many ways is the most important debate this Congress might be having this session, because this is really a debate about what path this country will take. It is not about $105,000, but it is about speaking truth to power. Speaking truth to power. Because, unfortunately, as supportive as I have been in terms of the efforts of the President in the greatest challenge of this generation, the approach of this administration and, with all due respect, the State Department and Mr. Burns, they are just absolutely dead wrong about their attitude towards Saudi Arabia. What this institution has the ability to do, and what we as individual Members have the ability to do, and hopefully we are going to do this tonight, and hopefully very shortly, is speak truth to power. It is as simple as that. The truth is that the Saudis are not what the administration wants them to be, that they have been involved in terrorism. Absolutely. Those are the facts, and we know they are the facts. We know that those are the facts. We wish it were not the case because of all sorts of issues, related to the fact that they control the largest reserve of oil in the world. Absolutely, they do. But that does not change the facts that they are involved in terrorist activities, that they are in fact the world's leading funder of terrorism. Terrorism. As has been pointed out, they are the world's leading funder, over 50 percent of the funds, that go to different terrorist organizations, different groups. And, again, we can go back and forth in terms of that, but they are funding them. So we have an opportunity tonight on a bipartisan basis to make that statement, to hopefully help shift an ill-fated approach that has predated even this administration, that has occurred under Democratic administrations, unfortunately. Had this Congress done this prior to 9/ 11, maybe that would not have happened. Had we spoken truth to power before that date, maybe that would not have happened. If we are able to do this tonight, my hope is that in fact we will stop some of the funding of terrorism and terrorist organizations that support that infrastructure and actually prevent the types of horrible and unthinkable things that we know are the challenges. I urge my colleagues to support the amendment.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to submit into the Record a letter from the Medicare Payment Advisory Commission, MEDPAC, to the Administrator of the Centers for Medicare and Medicaid Services Administrator regarding CMS's proposed rule entitled Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for FY 2004; Proposed Rule, 68 Fed. Reg. 26786 (May 16, 2003). This letter calls upon CMS to construct a fair rule that allows Medicare beneficiaries to receive appropriate rehabilitation services. To achieve this goal, in effect, MEDPAC recommends a revision to the ten diagnoses--conceived twenty years ago in 1983--in an effort to better characterize today's patient population. Based on my concern for the critical need of my constituents in Florida to continue to have access to inpatient rehabilitation facilities, I rise to express my support for MEDPAC's recommendation and feel that a modernization of the ``75 percent rule'' to include 20 of the 21 rehabilitation inpatient categories, all except miscellaneous, is necessary. Under CMS's proposed rule, 86 percent of Intensive Rehabilitation Facilities would be exclude from reimbursement. If promulgated, this rule would place an increased burden on acute care hospitals. Patients with serious conditions such as stroke, brain injury, hip fracture, as well as those individual recovering from cardiac surgery, oncology surgery and severe pulmonary conditions could potentially be denied access to critically needed rehabilitative care. It is my sincere hope that CMS will take into account MEDPAC's recent recommendations on this matter. Medicare Payment Advisory Commisison Washington, DC, July 7, 2003. Re: File code CMS-1474-P Thomas Scully, Administrator, Centers for Medicare & Medicaid Services Department of Health and Human Services, Hubert H. Humphrey Building, Washington, DC. Dear Mr. Scully: The Medicare Payment Advisory Commission (MedPAC) welcomes the opportunity to comment on the Centers for Medicare & Medicaid Services (CMS) proposed rule entitled Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for FY 2004; Proposed Rule, 68 Fed. Reg. 26786 (May 16, 2003). We appreciate your staff's careful work on this prospective payment system, particularly considering the competing demands on the agency. Inpatient rehabilitation facilities (IRFs) are one of several settings that provide Medicare patients with rehabilitation services. Medicare also covers rehabilitation services in skilled nursing facilities, long-term care hospitals, at home from home health agencies, and on an outpatient basis (e.g., from a hospital outpatient department). Medicare generally varies its payments based on the setting and type of services. CMS's criteria to distinguish IRFs from acute care hospitals and other settings for payment purposes require IRFs to: Have provider agreements to participate in Medicare as a hospital. Determine whether patients are likely to benefit significantly from intensive inpatient hospital programs or assessments by preadmission screening. Ensure that patients receive close medical supervision and furnish rehabilitation nursing, physical therapy, occupational therapy, speech therapy, social or psychological services, and orthotic and prosthetic services. Have full-time medical directors experienced in medical management of inpatients requiring rehabilitation. Use physicians to establish, review and revise the plan of care for each IRF patient. Use coordinated multidisciplinary team approaches in the rehabilitation of each inpatient. Have 75 percent of their cases in 10 diagnoses--stroke, spinal cord injury, congenital deformity, amputation, major multiple trauma, fracture of femur (hip fracture), brain injury, and polyarthritis, including rheumatoid arthritis, neurological disorders, and burns. Further, in order to be eligible for IRF care, patients must be able to sustain three hours of therapy a day. Only one of the IRF standards is under debate: the rule requiring IRFs to have 75 percent of their cases in 10 diagnoses (the ``75 percent rule''). Many have argued that the 10 diagnoses no longer represent a clinically appropriate standard for defining IRF services. The issue of variation in patient need within diagnoses has always existed. Finally, an estimated 87 percent of IRFs are currently out of compliance with the rule. We recognize the need to distinguish IRFs from other Medicare providers in order to pay appropriately for their services. As you know, IRFs are paid more than acute hospitals. Given the current state of clinical evidence and patient classification systems, the dilemma is how to construct a fair rule that allows Medicare beneficiaries to receive appropriate rehabilitation services and avoids undesirable financial incentives to expand the types of patients in IRFs beyond what is clinically necessary. On the one hand, an unchanging list of 10 diagnoses to characterize an appropriate patient population for the IRF setting is a blunt instrument. Medical practice may have changed since 1983, when the 10 diagnoses were first included in the 75 percent rule. On the other hand, using instead the 20 diagnoses in the IRF-prospective payment system (PPS) reflects IRFs' past admitting practice but does not necessarily identify a clinically appropriate population. In the short term, the Secretary has few other options but to enforce the 75 percent rule consistently; the issue is which diagnoses should go into the calculation. One short- term strategy that the Secretary could pursue is to lower the percentage of cases (required to be from 10 diagnoses) in the current 75 percent rule to 50 percent for some period of time, not to exceed one year. According to CMS's analysis, most IRFs could meet this standard. During that period of time, the Secretary could consult with an expert panel of clinicians to reach a consensus on the diagnoses to be included in the 75 percent rule as well as the appropriate clinical criteria for patients within the respective diagnoses. It is most imperative that the panel resolve the joint replacement issue because a large and growing proportion of IRF patients likely fall into this category. If the Secretary can complete this consultation prior to the October 1, 2003 proposed implementation date, it may be unnecessary to lower the 75 percent to 50 percent. Over the long run, the Secretary also may want to periodically revisit the list of diagnoses and clinical criteria for rehabilitation patients. The expectation would be to move away from simple diagnosis-based criteria to patient-based criteria. Consistent with that objective, MedPAC is interested in linking payment to high-quality outcomes, as evidenced by our recommendation in the June 2003 Report to the Congress. In that report, we find that IRFs are particularly suited to linking payment for quality because the patient assessment instrument is standardized, credible, and data are routinely collected; also a risk-adjustment mechanism is built into the PPS. In the future, the IRF payments could be based on the patient-specific criteria and linked to outcomes. This also could be part of the criteria CMS could use to decide whether a facility would be designated as an IRF, potentially eliminating the need for criteria such as the 75 percent rule, although practically we see the need for such rules in the short term. We look forward to offering any assistance we can to CMS in these endeavors. Sincerely, Glenn M. Hackbarth, J.D., Chair.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I rise today to congratulate Judge A. Jay Cristol of the Southern District of Florida on the completion of his invaluable research on the USS Liberty incident. In 1987, Judge Cristol began researching the tragedy that befell the United States Navy ship Liberty and her crew on June 8, 1967. Judge Cristol completed a doctoral dissertation on the subject in 1997 and published his book, The Liberty Incident, in 2002. In his continued quest for the truth, Judge Cristol pressed and finally convinced the National Security Agency to release classified transcripts proving that Israel's attack on the USS Liberty during the Six Day War was, in fact, accidental. On June 8, 1967, Israeli troops detected large explosions along the Sinai shore. The United States had announced two days earlier that it had no warships in the combat zone, and Israeli troops believed that they were experiencing an Egyptian naval bombardment. In response, the Israelis attacked the USS Liberty, which they mistook for being an Egyptian warship, killing 34 American crewmen and wounding 171. For 35 years, conspiracy theories have raged and critics have insisted that Israel attacked the American ship deliberately. Finally, just last month, the NSA, under pressure by Judge Cristol, released transcripts of transmissions from two Israeli helicopter pilots that participated in the 1967 attack. These tapes, which have until now remained classified, serve to conclude the evidence that the tragic event was, in fact, a case of mistaken identity. Judge Cristol's diligent efforts and persistence for the truth over the past sixteen years are to be commended. Through his work, he has helped restore faith in the special relationship that the United States and Israel share. Mr. Speaker, I hope the entire House joins me congratulating Florida Judge Jay Cristol on his achievement.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, the House bill in front of us, as the ranking Democrat of our full committee has ably quoted the chairman of the Committee on Ways and Means in his own words, ``To those who say the bill would end Medicare as we know it, the answer is we certainly hope so.'' This bill is a nonstarter. The Republicans in the Senate oppose it. It will not happen. It destroys Medicare. I am going to take my 2 minutes and even talk about that. Mr. Speaker, I am going to talk about the disingenuous nature of the proposal that the Republicans are fostering at this point as a final product. And I say disingenuous because both this bill and that proposal does absolutely nothing about cost containment. How can they have a prescription drug bill that does nothing on cost containment? It is totally disingenuous. For real seniors, and I would encourage all of my colleagues to talk to seniors because one of the things that is going on in America today is we do not know the number. We just had the FDA in our committee again several times. We do not know the number of how many seniors are availing themselves of purchases through Canada by the Internet, but it is easily 10 million seniors. We have 10 million seniors who are purchasing drugs in Canada where the benefits of purchasing drugs in Canada far exceed any proposal the Republicans have made. Just because people are old, just because they are sick does not mean they are stupid. They are going to continue to purchase them. So this bill for most seniors, for probably over 95 percent of the seniors in America, does absolutely nothing. What it does is even worse, though. In a Congress, in a country, in a society that is facing the largest budget deficits in the history of the world, we take $400 billion out of working Americans, give it to seniors, but effectively take that $400 billion and flush it down the toilet and we get absolutely nothing from my Republican colleagues' proposal.

Mr. DEUTSCH

Mr. DEUTSCH. Mr. Speaker, I was unavoidably absent from the Chamber today during rollcall vote Nos. 257, 258, 259, 260, and 261. Had I been present, I would have voted ``nay'' on roll No. 257 and ``yea'' on roll No. 258, 259, 260, and 261.