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

Vol. 149 WASHINGTON, THURSDAY, NOVEMBER 20, 2003 No. 169 House of Representatives The House met at 10 a.m. and was PRAYER tion. Help us to find ways, in word and called to order by the Speaker pro tem- The Reverend Monsignor Barry deed, to defend the innocent, to deliver pore (Mr. BASS). Knestout, Archdiocese of Washington, the oppressed, to pity the insignificant, D.C., offered the following prayer: and show generosity to the needy. Help f Lord God, we bless You and praise us this day and each day to keep Your You for Your generous gifts of life and commands and to ever rejoice in Your DESIGNATION OF THE SPEAKER glorious and life-giving presence. PRO TEMPORE love. Lead us to love one another in hu- mility. Amen. The SPEAKER pro tempore laid be- O Lord our God, we beseech You and f fore the House the following commu- ask for the gifts we need. Help this nication from the Speaker: Congress in its deliberations and deci- THE JOURNAL WASHINGTON, DC, sions. Renew us in the spirit of co- The SPEAKER pro tempore. The November 20, 2003. operation. Show us the course we are Chair has examined the Journal of the I hereby appoint the Honorable CHARLES F. BASS to act as Speaker pro tempore on this to take. last day’s proceedings and announces day. Let Your Spirit guide and strengthen to the House his approval thereof. J. DENNIS HASTERT, us to always perform what is for the Pursuant to clause 1, rule I, the Jour- Speaker of the House of Representatives. true and lasting good of this great Na- nal stands approved.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A20NO7.000 H20PT1 H11658 CONGRESSIONAL RECORD — HOUSE November 20, 2003 PLEDGE OF ALLEGIANCE the gold standard for senior lobbying an income of less than $13,000 today The SPEAKER pro tempore. Will the organizations is somewhat a tremen- will receive full assistance. No pre- gentleman from Oregon (Mr. DEFAZIO) dous stain on the Democratic Party. miums, no deductibles, no gap in cov- come forward and lead the House in the Where are the leaders like Claude Pep- erage. Furthermore, disease manage- Pledge of Allegiance. per and Franklin Roosevelt? ment programs will help women who are suffering from multiple chronic dis- Mr. DEFAZIO led the Pledge of Alle- I urge them to come to the floor giance as follows: today and work on Medicare legisla- eases. It will help them receive better tion. Let us pass a bill for all seniors. care from health professionals who can I pledge allegiance to the Flag of the coordinate their medical needs. United States of America, and to the Repub- f lic for which it stands, one nation under God, Mr. Speaker, it is time to end the A RUBE GOLDBERG MEDICARE rhetoric and deliver on a promise. indivisible, with liberty and justice for all. REFORM BILL f f (Mr. DEFAZIO asked and was given CONGRESS PUNTS ON permission to address the House for 1 MESSAGE FROM THE SENATE PRESCRIPTION DRUG BILL minute.) A message from the Senate by Mr. Mr. DEFAZIO. Mr. Speaker, the gen- (Mr. EMANUEL asked and was given Monohan, one of its clerks, announced tleman before me waxed eloquent permission to address the House for 1 that the Senate has passed without about a $400 billion Rube Goldberg minute.) amendment a concurrent resolution of complete with subsidies for the phar- Mr. EMANUEL. Mr. Speaker, as we the House of the following title: maceutical industry, the insurance in- address the issue of prescription drugs H. Con. Res. 313. Concurrent resolution to dustry and price fixing. It is going to and as speaker after speaker is speak- urge the President, on behalf of the United guarantee that there will be no reduc- ing about prescription drugs, there are States, to present the Presidential Medal of three attempts to deal with out-of-con- Freedom to His Holiness, Pope John Paul II, tion in the extortionate price of pre- scription drugs. Americans will still trol prices of prescription drugs that in recognition of his significant, enduring, are going up on average 20 percent a and historic contributions to the causes of continue to pay the highest prices in freedom, human dignity, and peace and to the developed world despite the fact year: One is through the free market prin- commemorate the Silver Jubilee of His Holi- that the drugs are manufactured here ciple of reimportation, allowing Ameri- ness’ inauguration of his ministry as Bishop by American companies who often re- cans to buy drugs in either Europe or of Rome and Supreme Pastor of the Catholic ceive the benefit of taxpayer-funded re- Church. Canada. Second, bulk negotiation, cre- search. ating a Sam’s Club using the power of The message also announced that the We could provide a much more mean- 40 million seniors to purchase drugs at Senate has passed a bill of the fol- ingful benefit for substantially less and reduced prices like they do in Europe lowing title in which the concurrence that would be if we did two simple and in Canada. And, third, through of the House is requested: things: Negotiate lower prices like speedy introduction of generic medica- S. 1895. An act to temporarily extend the every other nation in the world has tions to market to bring competition programs under the Small Business Act and done, but this bill prohibits the govern- the Small Business Investment Act of 1958 to price. ment from negotiating lower prices on In all three areas, the pharma- through March 15, 2004, and for other behalf of Americans or Medicare bene- purposes. ceutical industry got what they want, ficiaries. And, secondly, we could just and this Congress punted on getting f engage in free trade, allow the re- the price reduction as it relates to ANNOUNCEMENT BY THE SPEAKER importation of U.S.-manufactured, pharmaceutical prices. We need to offer PRO TEMPORE FDA-approved drugs. That would sub- the taxpayers who are about to be stantially lower the price. Many Amer- The SPEAKER pro tempore. The asked to spend $400 billion of their ican seniors have already resorted to money, $400 billion of taxpayer money, Chair will entertain 10 one-minutes that, but this bill will prohibit the re- from each side. we owe them the common decency and importation of drugs but instead it will courtesy to get them the best price, ei- f engage in subsidizing private insur- ther through the free market principle, ance, subsidizing the pharmaceutical IN SUPPORT OF MEDICARE through creating negotiation bulk industry, price fixing and protec- REFORM BILL prices to get prices reduced, or tionism. They are violating every prin- generics. In each area, this Congress (Mr. FOLEY asked and was given per- ciple they say they believe in. punted on behalf of the pharmaceutical mission to address the House for 1 f industry. minute and to revise and extend his re- marks.) IN SUPPORT OF MEDICARE f Mr. FOLEY. Mr. Speaker, I learned PRESCRIPTION DRUG BILL PEER-TO-PEER SOFTWARE IS A in the real estate business, you never (Ms. DUNN asked and was given per- REAL DANGER TO OUR KIDS leave the negotiations for fear they mission to address the House for 1 (Mr. PITTS asked and was given per- may fail and you do not get your com- minute and to revise and extend her re- mission to address the House for 1 mission. Today, I understand the marks.) minute and to revise and extend his re- Democrats are planning a walkout Ms. DUNN. Mr. Speaker, later this marks.) from this floor to protest Medicare leg- week we will have an opportunity to Mr. PITTS. Mr. Speaker, the British islation. Yesterday, uniquely, the keep our promises to seniors. For too newspaper The Guardian has found Democrats were burning their AARP long our parents and our grandparents that demand for child pornography cards down the street. The only thing have been paying too much for pre- through the use of file-sharing pro- missing from that scene was Jane scription drugs. This problem is much grams, like Kazaa, is leading to more Fonda. more acute for low-income seniors, es- abuse of children. The sale of peer-to- Mr. Speaker, the seniors of our coun- pecially women. Women represent peer traffic in illegal images of chil- try deserve a Medicare program that is more than half the seniors with in- dren now dwarfs any other pedophile updated for the 21st century, including comes that are less than 135 percent of network they have found. prescription drugs. It is an opportunity the poverty level. They live longer David Wilson, professor of crimi- to help our seniors with new tech- than men, they spend more on health nology at Central England, said, ‘‘Peer- nology, diagnostic tests for care, and they are more likely to suffer to-peer facilitates the most extreme, osteoporosis, cardiovascular disease, from chronic medical conditions. In es- aggressive and reprehensible types of diabetes. But no. If the Democrats do sence, women need more drugs for a behavior that the Internet will allow.’’ not get their way, they take the high- longer period of time but are least like- Programs that are used by kids to find way. That is discouraging for American ly to be able to afford them. songs or pictures of cartoons are deliv- seniors. And for them to ridicule and This prescription drug bill will help ering our children right into the criticize AARP that just last week was those on fixed incomes. A woman with clutches of these predators.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.002 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11659 And what are we doing about it? largely unreformed Medicare program constantly looking out for veterans in Nothing. Every day innocent kids are and warns of fiscal disaster. They con- our community, and their commitment victimized on peer-to-peer file-trading clude that Republicans are offering the to our veterans ought to be com- software and our inaction allows them certainty of trillions in new entitle- mended. to walk right into the trap set by sex- ments in return for a mere promise of Mr. Speaker, each one of these vet- ual predators. The time to act has future reform and that is too expensive erans has a story to tell. Theirs is a come. a gamble for principled conservatives special generation, the greatest gen- I urge my colleagues to cosponsor my to support. eration, and we all owe them a debt of bill, H.R. 2885, so that we can move for- With my very last breath, I would gratitude. ward in protecting our kids online. say, ‘‘I agree.’’ Oppose the Medicare f prescription drug entitlement. f IN SUPPORT OF CONFERENCE RE- AWARDING CONGRESSIONAL GOLD f PORT ON MEDICARE MODERNIZA- MEDAL TO PRESIDENT JOSE HEALTH SAVINGS ACCOUNTS TION BILL MARIA AZNAR (Mr. WILSON of South Carolina (Mr. SULLIVAN asked and was given (Mr. GIBBONS asked and was given asked and was given permission to ad- permission to address the House for 1 permission to address the House for 1 dress the House for 1 minute and to re- minute and to revise and extend his re- minute and to revise and extend his re- vise and extend his remarks.) marks.) marks.) Mr. WILSON of South Carolina. Mr. Mr. SULLIVAN. Mr. Speaker, I rise Mr. GIBBONS. Mr. Speaker, I rise Speaker, I rise today in support of the today in support of the conference today to again encourage my col- conference report for H.R. 1, an his- committee report on the Medicare pre- leagues to cosponsor H.R. 2131, a reso- toric bill that will include the creation scription drug coverage bill. This long- lution that will bestow President of the of health savings accounts, a break- awaited legislation will provide a tan- Government of Spain, Jose Maria through program that gives control gible, real and meaningful benefit to Aznar, with the Congressional Gold back to patients. The voluntary health American seniors. Medal. savings accounts provide care that is b 1015 Shortly after the September 11 at- affordable, flexible and portable. They tacks on the United States, President restore the doctor-patient relationship, Senior Americans are tired of the Aznar made the following comment: allowing Americans the freedom to talk. It is time for action. This bill will ‘‘Our battle is a battle for the same choose their own doctor and their own put a drug discount card in their hands ideas, for the same freedoms, for the care. Also, contributions, earnings and in May, 2004; and it will help them save same society and civilizations, and we medical payments from these accounts between 15 and 25 percent right off the will share all those efforts as long as it are all tax-free. bat. It also provides structure for Medi- is necessary.’’ Health savings accounts will lower care. It includes an affordable deduct- President Aznar of Spain has stood health insurance costs for millions of ible and catastrophic coverage, in re- by the United States and, despite Americans and allow for price competi- sponsible manner, to help the neediest heavy political pressure, has never tion of doctor and hospital services. seniors. Those who currently have pre- wavered from his staunch commitment Moreover, these accounts stay with a scription drug coverage can keep their to the ideals of freedom, liberty and de- person throughout their lives as they coverage because this plan is vol- mocracy. are portable from one job to the other. untary. This is reasonable legislation I urge my fellow Members to join me They also can be used during retire- that will not only improve and prolong and over 100 cosponsors of H.R. 2131, a ment to pay for retiree health care, lives of our seniors but will do the bill to award the Congressional Gold Medicare expenses and prescription same for the Medicare program. Medal to President Aznar. Join us in drugs. Provisions for reimportation are in honoring a man who is a great leader I strongly encourage my colleagues this legislation, ensuring safety and ac- in global democracy, a great leader in to support health savings accounts by countability. And it also includes an the war on terrorism, a notable ally of voting in favor of H.R. 1 and give update for oncology drugs that is crit- the United States, and a champion of health care freedom to millions of ical to cancer patients nationwide. freedom. Americans. In conclusion, I would remind my f In conclusion, God bless our troops. colleagues that this bill provides struc- We will not forget September 11. ture; helps seniors get the prescription IN OPPOSITION TO LATEST NEW f drugs they need when they need them GOVERNMENT ENTITLEMENT by putting a discount card in their (Mr. PENCE asked and was given per- IN HONOR OF RECENT BRONZE hands; is voluntary; and is tangible. It mission to address the House for 1 STAR RECIPIENTS ensures accountability for reimporta- minute and to revise and extend his re- (Mr. BOOZMAN asked and was given tion and, more importantly, makes marks.) permission to address the House for 1 Members accountable to their constitu- Mr. PENCE. Mr. Speaker, earlier this minute and to revise and extend his re- ents. I urge my colleagues to vote for week I came to the House floor to an- marks.) H.R. 1. nounce my opposition to the largest Mr. BOOZMAN. Mr. Speaker, I re- f new entitlement since 1965, the Medi- cently had the honor of handing out care prescription drug bill that we will Bronze Star Medals to 58 World War II PEACE IN THE MIDDLE EAST consider this week. As my voice has veterans from the Third District of Ar- (Mr. WOLF asked and was given per- weakened, strong voices in opposition kansas. These veterans did not pre- mission to address the House for 1 have emerged, including the venerable viously receive their medals because of minute and to revise and extend his re- Heritage Foundation which has been a an oversight when they returned home marks.) beacon of limited government for over after the war. Mr. WOLF. Mr. Speaker, the Presi- three decades. And today, the editorial The Bronze Star is awarded to World dent gave an amazing speech yesterday page of the Wall Street Journal in a War II veterans who earned the Combat in England, and everyone should read piece entitled ‘‘Entitlements Are For- Infantry Badge or the Combat Medical it. Consistent with that speech, I would ever’’ makes a powerful case that Con- Badge. The award of these badges is now ask the administration to appoint gress should reconsider before we cre- considered as a citation in orders of ex- a special envoy to the Middle East to ate this massive new government enti- emplary conduct in ground combat focus like a laser beam on bringing tlement. The Wall Street Journal says against an armed enemy. peace to the Middle East. the GOP’s Medicare bill trades certain The hard work of the Northwest Ar- Envoys for peace have succeeded in spending for speculative reform. The kansas Veterans Task Force who the past. Senator Mitchell succeeded in bottom line is that the bill would add brought this oversight to my attention Ireland. Senator Danforth has helped a universal drug entitlement to a made this ceremony a reality. They are push the peace in Sudan. Three people

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.004 H20PT1 H11660 CONGRESSIONAL RECORD — HOUSE November 20, 2003 that come to mind immediately for the grow, and can be used on a tax-free widely supported legislation. The bill Middle East are the President’s father, basis; and, number three, to provide for currently has 236 cosponsors from both George H.W. Bush or Secretary James a uniform national credit recording sides of the aisle, the support of over A. Baker III or former Secretary system that ensures that consumers 200 outside organizations, and the sup- George Shultz. Each would bring a are protected from identity theft while port of the President of the United unique ability to sharply focus, using giving them access to the fast and reli- States. Last month the other body the administration’s road map for able credit that makes our economy unanimously passed the legislation peace, on bringing peace to the Middle the envy of the rest of the world. which prohibits genetic discrimination. East. I understand that Members on both This is critical to the health of the f sides of the aisle may have different country, something we have talked views about how to address these about all week. If we do not pass this PROVIDING FOR CONSIDERATION issues, and we will have the oppor- legislation to prohibit genetic dis- OF MOTIONS TO SUSPEND THE tunity to hear a great deal of debate crimination, we are in danger of bring- RULES. from both sides over the next few days ing much of the research that we are so Mr. SESSIONS. Mr. Speaker, by di- on each of these issues and many oth- proud of in the United States to a halt. rection of the Committee on Rules, I ers. However, a great deal of legislation Discrimination is already taking call up House Resolution 449 and ask that the Republican House leadership place. We have lots of evidence of it for its immediate consideration. has also scheduled for consideration on both in employment and insurance. If The Clerk read the resolution, as fol- behalf of all Americans has broad sup- we want to continue to be on the fore- lows: port from both the majority and the front of science and to be able to make H. RES. 449 minority. And in an attempt to make our residents and citizens the health- iest in the world, this bill should be Resolved, That it shall be in order at any sure that this important work is fin- time on the legislative day of Thursday, No- ished by the end of this legislative passed. I want to urge the Speaker of vember 20, 2003, for the Speaker to entertain week as well, we are here to pass a rule the House today to put this bill on the motions that the House suspend the rules. to provide for consideration of these suspension calendar, let us pass it, let The Speaker or his designee shall consult bills. the President sign it, and let us all with the Minority Leader or her designee on This balanced rule provides the mi- move toward better health. the designation of any matter for consider- nority with an ability to consult with Mr. Speaker, I yield 2 minutes to the ation pursuant to this resolution. the Speaker on any suspension that is gentlewoman from Florida (Ms. The SPEAKER pro tempore (Mr. offered, ensuring that their input and CORRINE BROWN). Ms. CORRINE BROWN of Florida. BASS). The gentleman from Texas (Mr. views are duly considered before any Mr. Speaker, I thank the gentlewoman SESSIONS) is recognized for 1 hour. legislation is considered under this rule Mr. SESSIONS. Mr. Speaker, for the for yielding me this time. brought to the floor. I had not planned to come to the purpose of debate only, I yield the cus- Mr. Speaker, I encourage my col- tomary 30 minutes to the gentlewoman floor this morning, but I was sitting in leagues on both sides of the aisle to my office and I heard my colleague from New York (Ms. SLAUGHTER), pend- support this noncontroversial, bal- ing which I yield myself such time as I from Florida mention Claude Pepper’s anced rule. name in relationship to this Medicare may consume. During consideration of Mr. Speaker, I reserve the balance of this resolution, all time yielded is for bill. Claude Pepper would be turning my time. over in his grave by this bill. It was an the purpose of debate only. Ms. SLAUGHTER. Mr. Speaker, I insult to all of the fine work that This rule provides that suspensions yield myself such time as I may con- Claude Pepper did in this House, and he will be in order at any time on the leg- sume, and I thank the gentleman from would be on this floor speaking against islative day of Thursday, November 20, Texas for yielding me 30 minutes. 2003. It also provides that the Speaker, this horrible bill. (Ms. SLAUGHTER asked and was This Republican Medicare bill is a or his designee, will consult with the given permission to revise and extend slap in the face for every senior strug- minority leader, or her designee, on her remarks.) gling to pay for needed medicine. The any suspension considered under the Ms. SLAUGHTER. Mr. Speaker, this leadership of this House is not pushing rule. unusual move to allow for consider- this bill because they care about sen- Mr. Speaker, the Republican leader- ation of motions to suspend the rules iors. In fact, they would end the pro- ship of this House has set out an ag- provides this body with a great oppor- gram altogether. In 1995 the majority gressive legislative plan for this week tunity. Many pieces of legislation im- leader called Medicare ‘‘a program I on behalf of the American people. The portant to our constituents are await- would have no part of.’’ Another leader goal of this plan is to pass a number of ing consideration. With this rule we said ‘‘a program that I hope will wither bills over the next few days that will have a wonderful chance to address on the vine.’’ Now they want us to be- dramatically improve the quality of some of these significant issues. We lieve the spin that they really care life for all Americans. This week we should consider legislation to extend about Medicare. have already succeeded in passing an Federal unemployment benefits for an A zebra cannot change its stripes, energy conference report that will additional 6 months; I believe that Mr. Speaker, and the American people bring our Nation’s outdated energy pol- would pass unanimously. Currently un- are not buying this sham. America’s icy into the 21st century through com- employment benefits are set to expire seniors are happy with the Medicare prehensive legislation that promotes on December 31. We should not allow program, and we should provide for a conservation, reduces America’s grow- the millions of Americans still des- prescription drug benefit the same way ing dependence on foreign oil, and cre- perately looking for work to begin the we provide for doctor visits through ates new jobs. next year in the lurch. Medicare and not through a private For the balance of the week we are I am particularly concerned about program that even the insurance indus- slated to consider legislation among the loss of 44,000 manufacturing jobs in try says will not work. This is a life- the following things: number one, to Upstate New York since 2002. In Roch- and-death issue for many of our sen- authorize spending levels for intel- ester alone, manufacturing employ- iors, and this hollow bill does nothing ligence activities needed to win the ment is down 20 percent. In these tough for that. war on terrorism; number two, to re- economic times, it is our duty to help; And I want to close quoting the only form Medicare to make sure that more and since we are rushing to adjourn- black Supreme Court Justice we ever of our seniors have prescription drug ment this week, this is our last oppor- had, Thurgood Marshall. He said: ‘‘A coverage that they need while also giv- tunity. snake is a snake. It does not matter ing them more and better choices for Mr. Speaker, I would also like to use whether it is black or white; if it bites their health care coverage, also to this golden opportunity to pass the ge- you, it is the same.’’ And I can say that allow all Americans to begin planning netic nondiscrimination legislation. for the Republicans on this bill, and I for their health needs through savings Since 1995 I have led the fight to pass can also say that for AARP, who has accounts that can be purchased, can this nonpartisan, noncontroversial, and left the people.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.007 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11661 Mr. SESSIONS. Mr. Speaker, I yield ington, D.C., we begin with the debate fiscal year 2004 for intelligence and intel- myself such time as I may consume. on the floor to talk about the activities ligence-related activities of the United It is early in the morning in Wash- for the week, and I am so proud that States Government, the Community Man- ington, and we are back at it again not only what the Republican majority agement Account, and the Central Intel- talking about this wonderful oppor- ligence Agency Retirement and Disability stands for but that the reform and the System, and for other purposes. All points of tunity that we have to come down to things we are going to bring to the order against the conference report and the floor of the House of Representa- American public will include opportu- against its consideration are waived. The tives and speak our minds. And it is no nities for them to save for their own conference report shall be considered as surprise to the American public that health care, because the most impor- read. the Democrat Party and its Members tant part is, just like my family, I have The SPEAKER pro tempore. The gen- oppose reform in Medicare. It is no sur- a chance then to make a decision, to be tleman from Florida (Mr. GOSS) is rec- prise to the American public that we a decision-maker in the health care ognized for 1 hour. recognize that the Democrat Party is needs of my family. Mr. GOSS. Mr. Speaker, for the pur- not only opposed to reform but also to pose of debate only, I yield the cus- b 1030 competition, which is what is in this tomary 30 minutes to the gentleman bill; and it is no surprise to the Amer- I have a beautiful wife of 19 years. I from Florida (Mr. HASTINGS), pending ican public that what will happen in have a son who is 14 years old and a which I yield myself such time as I the next day or two as the debate gets Down’s Syndrome son who is 9. If there may consume. During consideration of closer is that the American public will is one thing that I am passionate this resolution, all time yielded is for hear and find out about how the mar- about, it is that I want a system in this the purpose of debate only on this mat- ket reforms and things and ideas that country where families have an oppor- ter. will come from this bill will make life tunity to make their decisions about Mr. Speaker, the Committee on Rules better for millions of Americans. health care, and we can do that when has granted the customary rule for What is surprising is to hear the we have money in our own pockets. consideration of conference reports to Democrat Party lambast AARP. The And that is what this reform is about, H.R. 2417, the Intelligence Authoriza- AARP is that organization for senior to make sure not just my family, but tion Act of Fiscal Year 2004. This is citizens all across this country who I millions of other families across this standard procedure. The rule is fair and think has made a very wise and careful great Nation have that same oppor- without controversy as far as I know, decision to look at this prescription tunity. That is what this health care and it does allow ample time for con- drug plan, and they have very clearly savings account is going to be about. sideration of conference matters that said that the Republican Party is right That is what Medicare reform is all have come up. on the policy and they are right on about. I am proud of what we are Mr. Speaker, as in past years, we what will give long-term success to doing. thought it best to allow Members this great Nation. Mr. Speaker, I reserve the balance of ample opportunity to review the bill But we have heard very clearly this my time. and debate the issues they feel are im- morning what the Democrat Party in- Ms. SLAUGHTER. Mr. Speaker, had portant to our Nation’s security. This tends to do. They intend to keep Medi- the gentleman from Texas (Mr. SES- was certainly exhibited earlier this care exactly the way it is, in trouble fi- SIONS), my good friend, yielded to me, I summer when we passed, with over- nancially and will very soon go bank- simply wanted to ask him if he is whelming bipartisan support, the Intel- rupt. aware that the administration has just ligence Authorization Act in the Reform is necessary if we are going given AARP a $20 million grant and House. Our classified annex and staff to save this system, but reform is also ask if he wondered if that had anything have been made available to any Mem- necessary for the millions of Ameri- to do with their decision. ber of Congress interested in reviewing cans who today are without the ability Mr. Speaker, I yield back the balance the underlying bill and the reports to purchase health care solely because of my time. thereto. of money. What we are going to do is Mr. SESSIONS. Mr. Speaker, at this Today we are at the culmination of make it easier for Americans, not just time I would like to thank the gentle- this process. The conference report on people who go to work but some of woman from New York for engaging us H.R. 2417 is critical, it is must-do legis- them who are just now entering the this morning on this very important lation. marketplace, to be able to save money rule which will allow us to continue The bill authorizes appropriations for for health care on a pretax and tax-free our work. I urge my colleagues to join fiscal year 2004 intelligence and intel- basis, an opportunity for them to save me in supporting this rule as I am sure ligence-related activities of the United this money and, when they are young- they do. States Government, the Community er, to put that money away and to Mr. Speaker, I yield back the balance Management Account, and the Central grow it tax free to be able to use it for of my time, and I move the previous Intelligence Agency Retirement Ac- health care, to make sure that they question on the resolution. count and Disability system. will be able to make wiser decisions in The previous question was ordered. In the past 2 years, our country has their future, that they will be able to The resolution was agreed to. made very strong steps to improve our make the wise decisions for their fam- A motion to reconsider was laid on Nation’s intelligence-gathering capa- ily at a time when they need that the table. bilities, as well as the analysis of the money most of all. f results of those intelligence-gathering So what Republicans really stand for capabilities. With that said, the at- once again is reform and making sure WAIVING POINTS OF ORDER tacks this morning in Istanbul are yet that the most critical systems that are AGAINST CONFERENCE REPORT again a painful reminder that every in place in our country are not only ON H.R. 2417, INTELLIGENCE AU- day, we must not let down our guard. strengthened, but we make sure that THORIZATION ACT FOR FISCAL Rather, it emphasizes work that re- they will survive the onslaught as YEAR 2004 mains to be accomplished. We need to times change and we have so many peo- Mr. GOSS. Mr. Speaker, by direction strengthen our intelligence capabilities ple retiring, but we need to make sure of the Committee on Rules, I call up and align them to deal with the threats that our children and grandchildren House Resolution 451 and ask for its that we face today. have that same opportunity that we immediate consideration. This legislation convincingly moves have had to have a system, an under- The Clerk read the resolution, as us in the right direction by enhancing pinning in this country that takes care follows: the depth and the capacity of all facets of people. H. RES. 451 of our intelligence community. The bill So I am very pleased today, as we Resolved, That upon adoption of this reso- provides for improved intelligence begin our work and debate in Wash- lution it shall be in order to consider the analysis and coordination. It continues ington. It is no surprise that here we conference report to accompany the bill the effort to increase our human intel- are on this beautiful day in Wash- (H.R. 2417) to authorize appropriations for ligence resources, an area vital to the

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.011 H20PT1 H11662 CONGRESSIONAL RECORD — HOUSE November 20, 2003 security of our Nation during the war Also included in the classified docu- authorize those funds, but also to over- on terrorism, as we have seen discussed ments are the authorizations for the see their expenditure. It is a sacred re- virtually every day. tactical intelligence and related activi- sponsibility to deal with other people’s In addition, H.R. 2417 augments the ties and joint military intelligence pro- money. It is a difficult job. information shared between Federal, gram of the Department of Defense. Now, in the areas of transportation State, and local governments and en- The measure covers specific and gen- and the Department of the Interior and courages strong cooperation in the pur- eral intelligence operations including other areas, we are assisted by millions suit of joint counterterrorism activi- all of our operations that we put for- of engaged citizens who keep an eye ties to keep our homeland safe. ward in any manner. Today, more than out for waste or misguided programs or Mr. Speaker, this bill makes possible ever, we must make the creation of a programs that are less than well- the important work performed by dedi- strong and flexible intelligence appa- thought-out. We do not, in classified cated intelligence professionals, people ratus one of the highest priorities of programs, have that advantage, so it who are out and about right now tak- this body. The terrorist attacks of Sep- falls to us and our staff. We have an ex- ing very high risks to get us vital in- tember 11, combined with the con- cellent staff that keeps tabs on the formation so the right decisions can be tinuing threat of further attacks, un- multifarious programs of the intel- made to nip terrorism in the bud before derscore the importance of this legisla- ligence community. We are blessed it strikes us again. It is the product of tion. I am pleased that it has been with a chairman who has an agreeable a bipartisan agreement that we deal brought to the floor in a truly bipar- personality and demeanor and wields with today and, as I stated previously, tisan manner. Thanks to the gentle- his gavel with equanimity, and an ex- another prudent step in the right direc- woman from California (Ms. HARMAN), cellent ranking member who keeps us tion for developing our capabilities in the ranking member, and the gen- on track. But we have a difficult job the intelligence community. tleman from Florida (Chairman GOSS) under the best of circumstances to For these reasons, I urge my col- and all of the members of the Perma- oversee the intelligence programs. leagues to vote in support of this rule nent Select Committee on Intelligence It is made almost impossible when that will provide them with a fair and the specific subcommittees, a good large fractions of the intelligence forum for debate on this matter. job has been done on behalf of this budget come through special appro- Mr. Speaker, I reserve the balance of country. priations, not through the normal my time. Let me say though, Mr. Speaker, course, not through the normal author- Mr. HASTINGS of Florida. Mr. that just because this is brought here ization and appropriation process, Speaker, I yield myself such time as I in a bipartisan manner does not mean when in emergency allocations, money that it is a perfect bill; far from it. may consume. is put in without any previous over- There are several areas that many of Mr. Speaker, first, let me thank my sight. us would have liked to have seen im- good friend, the gentleman from So as I speak in favor of the author- proved. One of them that we have an Sanibel, Florida (Mr. GOSS) for yielding ization bill that we are considering exacting concern about is the expan- me this time. It is a pleasure to serve today and hope that we approve the sion of the executive authorities under with the gentleman on both the Com- rule so that we can get to the debate section 374, the amendment of the Na- mittee on Rules and the Permanent Se- and approval of this authorization bill, tional Financial Services Act. We feel lect Committee on Intelligence and, as I would ask the Committee on Rules to that that bears further scrutiny and I said last night, not in a self-serving use its considerable influence in the fu- certainly, without judicial review in way, I do not know of any two commit- ture to see that we do not appropriate that section, could pose problems at tees which work harder or more dili- large sums of money for intelligence gently than the two on which the gen- some point in our future. It is some- thing that many of us will continue to and other operations without going tleman and I serve. It turns out that through the customary and necessary we are the only two Members on both review. We also felt very strongly, and I authorization process. We have done of those committees, and what I said that over and over again in recent last night is we must be gluttons for thank my colleague, the gentleman from New Jersey (Mr. HOLT) who will years, and it is a disservice to the in- punishment. telligence community and a disservice Mr. Speaker, I rise in support of this speak specifically to it, that we should emphasize the area of language ability to the American people. So again, I ask rule, providing for the consideration of the Committee on Rules to use its con- the conference report to accompany in a more dramatic fashion. Mr. Speaker, this bill provides au- siderable influence to see that we not H.R. 2417, the Intelligence Authoriza- thorizations and appropriations for fall into that problem. tion Act for Fiscal Year 2004. This bill some of the most important national Mr. GOSS. Mr. Speaker, I am pleased authorizes classified amounts in fiscal security programs in this great coun- to yield such time as he may consume year 2004 for 14 United States intel- try. Any hesitation by this body in to the gentleman from Nevada (Mr. ligence agencies and intelligence-re- passing it would be a disservice to the GIBBONS), the distinguished chairman lated activities of the United States American people. I urge my colleagues of our Subcommittee on Human Intel- Government, including the Central In- to support this rule and the underlying ligence, Analysis and Counterintel- telligence Agency and the National Se- conference report. ligence. curity Agency, as well as foreign intel- Mr. HASTINGS of Florida. Mr. (Mr. GIBBONS asked and was given ligence activities of the Defense De- Speaker, I am pleased to yield 3 min- permission to revise and extend his re- partment, FBI, State Department, utes to the gentleman from New Jersey marks.) Homeland Security Department, and (Mr. HOLT), my good friend. Mr. GIBBONS. Mr. Speaker, I thank other agencies. Mr. HOLT. Mr. Speaker, I thank my my colleague for yielding me this time. Members who wish to do so, and I friend, the gentleman from Florida for I want to rise in strong support of the urge Members to do this if they have yielding me this time, and I thank him rule for the authorization of the intel- concerns, can go to the Permanent Se- for his good work not only on the Com- ligence bill, H.R. 2417. I want to take lect Committee on Intelligence office mittee on Rules, but also on the Per- just a moment to explain the issue of to examine the classified schedule of manent Select Committee on Intel- compensation reform which I think is authorizations for the programs and ligence. important and critical to the future of activities of the intelligence and intel- As he said, I would welcome the op- the intelligence community. ligence-related activities of the na- portunity later to speak about the need Over the years we have had a system tional intelligence program. As I said, to have better training in critical lan- of pay for the men and women who are this includes authorizations for the guages here in the United States, but doing the hard work of gathering intel- CIA, as well as the foreign intelligence at the moment, I would like to talk ligence for the people of this country. and counterintelligence programs about something that is relevant to the within, among others, the Department rule and to the Committee on Rules. b 1045 of Defense, NSA, Department of State, Here in Congress we have a responsi- And yet we have not been able to find Treasury and Energy, and the FBI. bility, not only to appropriate funds, to a way to adequately compensate them.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.014 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11663 These are individuals who are dedi- guage proficiency. So with that, Mr. up House Resolution 450 and ask for its cated to this mission. They are not Speaker, I appreciate the opportunity immediate consideration. there because they want more money. to share my thoughts. The Clerk read the resolution, as fol- They are there because they like what Mr. HASTINGS of Florida. Mr. lows: they do. They feel it is important for Speaker, I have no further speakers, H. RES. 450 the future of this country and for the and I yield back the balance of my Resolved, That upon the adoption of this security of the American people. We time. resolution it shall be in order without inter- have opportunities now to make sure Mr. GOSS. Mr. Speaker, I yield my- vention of any point of order to consider in that when we pay these individuals, we self such time as I may consume. the House the joint resolution (H.J. Res. 78) pay them correctly, we pay them ade- Mr. Speaker, I certainly want to as- making further continuing appropriations quately for their services. It is impor- sociate myself with the remarks of the for the fiscal year 2004, and for other pur- gentleman from New Jersey (Mr. poses. The joint resolution shall be consid- tant that Congress continue this over- ered as read for amendment. The previous sight. HOLT), his remarks about a concern question shall be considered as ordered on We have an important part of this about disenfranchising authorizing the joint resolution to final passage without bill that addresses the issue of com- committees by the use of supplemental intervening motion except: (1) one hour of pensation reform. I am hoping that all appropriations and other such matters debate on the joint resolution equally di- our colleagues will rise and support as has sometimes happened. I do be- vided and controlled by the chairman and this bill because of the important as- lieve that the authorizing committees ranking minority member of the Committee pect of compensation reform for the provide a critical contribution, a valu- on Appropriations; and (2) one motion to re- men and women who are doing the val- able contribution to the legislation of commit. iant job of representing this country in this institution. And I think it is un- The SPEAKER pro tempore (Mr. faraway places in the dark of night, fortunate that sometimes in the press BASS). The gentleman from Georgia doing things that most other people of business that we sometimes bypass (Mr. LINDER) is recognized for 1 hour. would not do. These are true heroes in that wisdom and that contribution be- Mr. LINDER. Mr. Speaker, for pur- the American legend. We should all cause of urgency or other matters, poses of debate only, I yield the cus- stand up and thank them for the work which are understandable, but which tomary 30 minutes to the gentleman they have done. And I thank the gen- should be an aberration rather than from Texas (Mr. FROST), pending which tleman from Florida (Chairman GOSS) the practice. I yield myself such time as I may con- for the opportunity to speak out on And I can assure the gentleman from sume. During consideration of this res- this rule and hope that everyone will New Jersey (Mr. HOLT) and others who olution, all time yielded is for the pur- support the rule. are interested that I am going to be pose of debate only. Mr. HASTINGS of Florida. Mr. spending some time and, hopefully, get Mr. Speaker, H. Res. 450 is a closed Speaker, I am pleased to yield 2 min- a point or two across on the Committee rule that provides for the consideration utes to the gentleman from Texas (Mr. on Rules that our view is that regular of H.J. Res. 78, a continuing resolution REYES), my good friend. order is a whole lot better than supple- that will ensure further appropriations Mr. REYES. Mr. Speaker, I thank the mental appropriations. for fiscal year 2004. gentleman from Florida (Mr. HASTINGS) The second thing I wanted to point The rule provides for 1 hour of debate for yielding, and I also want to com- out, very briefly, I am well aware this in the House equally divided and con- mend our chairmen and ranking mem- is not a perfect bill. The gentlewoman trolled by the chairman and ranking bers for the great job that they do from California (Ms. HARMAN) and I and minority member of the Committee on under what, I think, are very difficult the members of the committee have Appropriations. The rule waives all circumstances. And I would also asso- worked very hard. We have excellent points of order against consideration of ciate myself with the comments of my staff. This is not a perfect bill. It is a the joint resolution and provides for colleague, the gentleman from Nevada very, very good bill. It deserves the at- one motion to recommit. (Mr. GIBBONS), about giving good com- tention of the Members on the floor Mr. Speaker, the provisions of the pensation for great work that is being today. Certainly the rule is appropriate most recent continuing resolution, H.J. done around the world for our national to bring it forward. Res. 75, are scheduled to expire this security by the intelligence commu- I think I can promise on behalf of the Friday, November 21. The House Com- nity employees. gentlewoman from California (Ms. mittee on Appropriations continues to Having said that, I also want to state HARMAN) and all the Members that the work hard to complete the unfinished that I rise in strong support of this rule minute this authorization bill passes appropriations business of Congress, for H.R. 2417, but I also want to note we start on the next authorization bill. and we are hopeful that this work can that there are many of us that have And there is plenty to be done. be completed in the coming days. The concerns about issues that are vitally There are a number of things we will resolution before us today, H.J. Res. 78, important to our national security, the hear about in the debate later today. ensures funding through this weekend lack of diversity in the intelligence These are things that we already have until November 23. community, and certainly the lack of a taken aboard, and we will be pushing The House of Representatives passed good solid plan to diversify and under- hard on. So I am convinced that from all of its fiscal year 2004 appropriations stand and recruit people that know and the legislative perspective we are doing bills long ago. We should complete For- understand and speak different lan- the job that the people of this country eign Operations, Transportation-Treas- guages and come from different cul- have asked us to take on in the over- ury appropriate bills in the very near tures. Those are critical and important sight, and I am very proud to be part of future. In addition, negotiations are in light of the attacks of September 11. that effort. under way to complete Agriculture, I would urge everyone to support this Mr. Speaker, I yield back the balance VA–HUD, Commerce-Justice-State, rule, but at the same time I also think of my time, and I move the previous Labor-HHS, and the District of Colum- it is vitally important that we con- question on the resolution. bia appropriations bills as well. How- tinue to focus. And as my colleague, The previous question was ordered. ever, to ensure that essential govern- the gentleman from New Jersey (Mr. The resolution was agreed to. ment services continue to operate HOLT), made mention, it is difficult in A motion to reconsider was laid on while the omnibus appropriations bill this environment because we operate in the table. is completed, this rule makes in order a closed oversight manner and we do f another continuing resolution to give not have the benefit of outside input us the additional time to complete the and scrutiny. So it is critical. PROVIDING FOR CONSIDERATION appropriations process in an orderly And I know that our chairman, the OF H.J. RES. 78, FURTHER CON- manner. gentleman from Florida (Mr. GOSS), TINUING APPROPRIATIONS, FIS- Mr. Speaker, under the joint resolu- and the ranking member are com- CAL YEAR 2004 tion that H.J. Res. 450 makes in order, mitted to continue to work in these Mr. LINDER. Mr. Speaker, by direc- the provisions of the most recent con- two critical areas, diversity and lan- tion of the Committee on Rules, I call tinuing resolution will be extended for

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.017 H20PT1 H11664 CONGRESSIONAL RECORD — HOUSE November 20, 2003 2 more days. The Committee on Rules their special interest friends to save consin (Mr. OBEY), the ranking member approved this rule last night. I urge my their political skins. And they have of the Committee on Appropriations. colleagues to join me in supporting its spared no taxpayer expense to do their Mr. OBEY. Mr. Speaker, I thank the passage. work. gentleman for yielding me time. Mr. Speaker, I reserve the balance of Take, for example, the small elite Mr. Speaker, I simply take the time my time. group of big contributors who fund Re- to indicate that the House has no Mr. FROST. Mr. Speaker, I yield my- publican campaigns like the Bush cam- choice but to proceed to pass the short- self such time as I may consume. paign Pioneers and now the Bush cam- term CR in hopes that the House will (Mr. FROST asked and was given per- paign Rangers. They are undoubtedly come closer to finishing its work by mission to revise and extend his re- happy because this Republican govern- the time we have to pass another one. marks.) ment has drained the U.S. Treasury by But let me also say that I would hope Mr. FROST. Mr. Speaker, here we go repeatedly passing expensive tax that we would use the time construc- again. Another month has passed and breaks for the wealthiest few. And ear- tively so that Members still can get this Republican government still re- lier this week Republicans gave big out of here for the year on a reasonable fuses to do its most basic job, funding polluters a pass to keep fouling the air schedule. the Federal Government that they con- of some of America’s major metropoli- I note last night, for instance, that trol. That is why we are here, once tan areas, including my home in north we are within a hair’s breadth of hav- again, to pass yet another short-term Texas. ing total agreement on the VA-HUD continuing resolution to keep Repub- Now, Mr. Speaker, Republicans are appropriations and on the CJ bill. The lican incompetence from shutting down desperately trying to pull the wool transportation bill has already been the Federal Government. over the eyes of America’s seniors so filed, and it is hoped that the foreign Mr. Speaker, I do not know why Re- that they can shower billions of dollars ops bill will be filed and acted upon publicans refuse to do the job tax- on HMOs, insurance companies, and also. That would mean that we could payers pay them for, especially while the big drug companies. Under the Re- reduce considerably the number of bills millions of those same taxpayers can- publican plan, millions of senior citi- that would have to go into the omni- not find jobs on their own. Perhaps zens would pay more and get less for bus. I have no particular ax to grind they are so busy twisting arms to dis- Medicare. Up to one in four Medicare about whether they do or they do not, mantle Medicare and force seniors into beneficiaries would actually pay more but it would seem to me that it would HMOs that they cannot be bothered for prescription drugs than they do be one way to at least assist on un- with deciding how badly to short- right now. Up to 7 million seniors snarling what remains to be done be- change education in this year’s spend- would be forced to join an HMO and fore we finish. ing bills. Or maybe the White House give up their choice of doctor or pay With that, I would simply say when has been consumed with spending their higher Medicare premiums. Between 2 the CR comes, I hope that we could dis- expensive efforts to rebuild Iraq that and 3 million retirees would lose the pose of it in a favorable fashion so we they do not have time to worry about drug coverage they now get from their can get on with the remainder of our America. Who knows. But it is clear former employers. And millions of sen- work for this week. Mr. LINDER. Mr. Speaker, I have no that this Republican government has iors would go without drug coverage further speakers. I reserve the balance stopped working for the American peo- for months each year and be forced to pay premiums year round even when of my time. ple. Mr. FROST. Mr. Speaker, I yield my- Mr. Speaker, I do not know if you they are not getting any drug benefits. While seniors lose under the Repub- self such time as I may consume. watched ‘‘West Wing’’ last night on tel- Let us be very clear about what is evision, but actually the subject of the lican plan, drug companies and HMOs win big. Republicans are giving insur- going on here. The current continuing ‘‘West Wing’’ program was this exact resolution runs out tomorrow. The Re- issue, a continuing resolution. And at ance companies a $12 billion slush fund. They are giving big drug companies publican leadership is giving itself an- that point you had a Republican Con- other 2 days. So by passing this next gress trying to blame a Democratic $139 billion in windfall profits because they are actually making it illegal for CR, that takes us through Sunday. President for closing down the govern- They will not tell us when the next CR, ment. But here, of course, we have a Medicare to negotiate lower prescrip- tion prices for seniors. That is right, how far it will go, whether we will be Republican Congress and a Republican here Saturday, Sunday, Monday, Tues- President. So what is going on here? Mr. Speaker, Republicans can find bil- lions of dollars for HMOs and drug day, Wednesday of next week doing the Republican President, Republican Con- people’s business. They will not tell us gress, and we still have to have a short- companies, but they cannot afford year-round drug coverage for senior when the omnibus bill is going to come term continuing resolution because to the floor or whether it will come to those folks cannot do their job. citizens. No wonder Republicans do not want their plan to take effect until the floor. They will not tell us how Just take a look at the record. long the next CR will run, whether it Today, millions of hard-working Amer- after the 2004 elections. They are afraid that once seniors sit down and do the will run to December 8 or whether it icans no longer share in the prosperity will run until some time in February. that they enjoyed during the Demo- math they will see the Republicans have sold them a bill of goods. Either they simply do not know, or cratic-led economic boon of the 1990s. they will not tell. Either way, they In fact, since the Republican Party This kind of outrage, Mr. Speaker, is simply business as usual under this Re- make it very difficult to legislate in an took over the government nearly 3 orderly fashion. years ago, more than 3 million Amer- publican government. Nothing gets done for the American people, but Re- We would all like to wind up the ican jobs have been lost in the private business for this year. I would hope sector. Or to put it another way, since publicans and their allies do plenty of harm to the American people. It is a that the Republican leadership can fi- George W. Bush got his job, millions of nally get their act together, bring the Americans have lost their jobs. That is shameless abuse of power, Mr. Speaker; and the American public are the vic- remaining appropriations bills or an the worst jobs record of any President omnibus bill to the floor in an orderly since Herbert Hoover in the Great De- tims. Meanwhile, we have before us an- way, so that we can conclude the peo- pression. other 2-day continuing resolution, ple’s business this year and not con- Over the same period, Republican fis- which is the subject of this rule today. tinue to operate on a 2- or 3-day CR cal irresponsibility has turned record Mr. Speaker, I reserve the balance of while the Republicans try and figure surpluses into astronomical and out-of- my time. out what their next step is. control deficits, increasing the death Mr. Speaker, I yield back the balance tax on all Americans and threatening b 1100 of my time. the future of Medicare and Social Secu- Mr. LINDER. Mr. Speaker, I reserve Mr. LINDER. Mr. Speaker, I yield rity. In the private sector, Mr. Speak- the balance of my time. myself such time as I may consume. er, that kind of failure would get you Mr. FROST. Mr. Speaker, I yield 2 Mr. Speaker, let me just say to the fired. But Republicans are counting on minutes to the gentleman from Wis- gentleman from Texas (Mr. FROST)

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.020 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11665 that it is not that we do not want to Fattah Levin Rogers (KY) NAYS—2 Feeney Lewis (CA) Rogers (MI) inform them. It is that we do not know. Filner Jackson-Lee Ferguson Lewis (KY) Rohrabacher (TX) We are dealing with people in the Flake Linder Ros-Lehtinen other body who have not given us any Foley Lipinski Ross NOT VOTING—26 Forbes LoBiondo Rothman indication of when they are prepared to Abercrombie Fossella Nethercutt Ford Lofgren Roybal-Allard move. But I will say that I agree 100 Aderholt Franks (AZ) Radanovich Frank (MA) Lowey Royce Clay Gephardt Rogers (AL) percent with the gentleman from Wis- Frelinghuysen Lucas (KY) Ruppersberger Cox Herger Sherman consin (Mr. OBEY). We are moving piece Frost Lucas (OK) Rush Cramer Isakson Tauscher Gallegly Lynch Ryan (OH) by piece on these. And our side would Cubin Jones (OH) Taylor (NC) Garrett (NJ) Majette Ryan (WI) like very much to pass them one at a Cummings Lewis (GA) Wexler Gerlach Maloney Ryun (KS) time and get out of here Friday night Engel Markey Whitfield Gibbons Manzullo Sabo Fletcher Meek (FL) or Saturday. I do not think it will be Gilchrest Marshall Sanchez, Linda that soon on Friday night, but we are Gillmor Matheson T. b 1125 very close to getting our work done on Gingrey Matsui Sanchez, Loretta Gonzalez McCarthy (MO) Sanders Ms. JACKSON-LEE of Texas changed the appropriations process so we would Goode McCarthy (NY) Sandlin her vote from ‘‘yea’’ to ‘‘nay.’’ like to do that one at a time. Goodlatte McCollum Saxton Mr. MORAN of Virginia changed his Mr. Speaker, I yield back the balance Gordon McCotter Schakowsky Goss McCrery vote from ‘‘nay’’ to ‘‘yea.’’ of my time, and I move the previous Schiff Granger McDermott Schrock So the resolution was agreed to. question on the resolution. Graves McGovern Scott (GA) The result of the vote was announced The previous question was ordered. Green (TX) McHugh Scott (VA) Green (WI) McInnis as above recorded. The SPEAKER pro tempore (Mr. Sensenbrenner A motion to reconsider was laid on Greenwood McIntyre Serrano BASS). The question is on the resolu- Grijalva McKeon Sessions the table. tion. Gutierrez McNulty Shadegg Stated for: Gutknecht Meehan The question was taken; and the Shaw Hall Meeks (NY) Mr. FOSSELLA. Mr. Speaker, on rollcall No. Shays Speaker pro tempore announced that Harman Menendez 645 I was unavoidably detained. Had I been Sherwood the ayes appeared to have it. Harris Mica Shimkus present, I would have voted ‘‘yea.’’ Hart Michaud Mr. FROST. Mr. Speaker, I object to Shuster Hastings (FL) Millender- f the vote on the ground that a quorum Hastings (WA) McDonald Simmons is not present and make the point of Hayes Miller (FL) Simpson BIRTH DEFECTS AND DEVELOP- order that a quorum is not present. Hayworth Miller (MI) Skelton Slaughter MENTAL DISABILITIES PREVEN- The SPEAKER pro tempore. Evi- Hefley Miller (NC) Hensarling Miller, Gary Smith (MI) TION ACT OF 2003 dently a quorum is not present. Hill Miller, George Smith (NJ) The SPEAKER pro tempore (Mr. The Sergeant at Arms will notify ab- Hinchey Mollohan Smith (TX) BASS). The unfinished business is the sent Members. Hinojosa Moore Smith (WA) Hobson Moran (KS) Snyder question of suspending the rules and Pursuant to clause 8 of rule XX, this Hoeffel Moran (VA) Solis passing the Senate bill, S. 286. 15-minute vote on House Resolution 450 Hoekstra Murphy Souder The Clerk read the title of the Senate Spratt will be followed by 5-minute votes on Holden Murtha bill. the following motions to suspend the Holt Musgrave Stark Honda Myrick Stearns The SPEAKER pro tempore. The rules: Hooley (OR) Nadler Stenholm question is on the motion offered by S. 286, by the yeas and nays; Hostettler Napolitano Strickland the gentleman from Florida (Mr. BILI- S. 686, by the yeas and nays. Houghton Neal (MA) Stupak Hoyer Neugebauer Sullivan RAKIS) that the House suspend the rules The vote was taken by electronic de- Hulshof Ney Sweeney and pass the Senate bill, S. 286, on vice, and there were—yeas 406, nays 2, Hunter Northup Tancredo which the yeas and nays are ordered. not voting 26, as follows: Hyde Norwood Tanner This will be a 5-minute vote. Inslee Nunes [Roll No. 645] Tauzin The vote was taken by electronic de- Israel Nussle Taylor (MS) YEAS—406 Issa Oberstar Terry vice, and there were—yeas 415, nays 1, Istook Obey Ackerman Boyd Crowley Thomas not voting 18, as follows: Jackson (IL) Olver Akin Bradley (NH) Culberson Thompson (CA) Janklow Ortiz [Roll No. 646] Alexander Brady (PA) Cunningham Thompson (MS) Jefferson Osborne Allen Brady (TX) Davis (AL) Thornberry YEAS—415 Jenkins Ose Andrews Brown (OH) Davis (CA) Tiahrt Ackerman Bonner Clyburn John Otter Baca Brown (SC) Davis (FL) Tiberi Aderholt Bono Coble Johnson (CT) Owens Bachus Brown, Corrine Davis (IL) Tierney Akin Boozman Cole Johnson (IL) Oxley Baird Brown-Waite, Davis (TN) Toomey Alexander Boswell Collins Johnson, E. B. Pallone Baker Ginny Davis, Jo Ann Towns Allen Boucher Conyers Johnson, Sam Pascrell Baldwin Burgess Davis, Tom Turner (OH) Andrews Boyd Cooper Jones (NC) Pastor Ballance Burns Deal (GA) Turner (TX) Baca Bradley (NH) Costello Kanjorski Paul Ballenger Burr DeFazio Udall (CO) Bachus Brady (PA) Cramer Kaptur Payne Barrett (SC) Burton (IN) DeGette Udall (NM) Baird Brady (TX) Crane Bartlett (MD) Buyer Delahunt Keller Pearce Baker Brown (OH) Crenshaw Kelly Pelosi Upton Barton (TX) Calvert DeLauro Van Hollen Baldwin Brown (SC) Crowley Bass Camp DeLay Kennedy (MN) Pence Ballance Brown, Corrine Culberson Kennedy (RI) Peterson (MN) Velazquez Beauprez Cannon DeMint Visclosky Ballenger Brown-Waite, Cunningham Becerra Kildee Peterson (PA) Barrett (SC) Ginny Cantor Deutsch Vitter Davis (AL) Bell Capito Diaz-Balart, L. Kilpatrick Petri Bartlett (MD) Burgess Davis (CA) Walden (OR) Bereuter Capps Diaz-Balart, M. Kind Pickering Barton (TX) Burns Davis (FL) Walsh Berkley Capuano Dicks King (IA) Pitts Bass Burr Davis (IL) Wamp Berman Cardin Dingell King (NY) Platts Beauprez Burton (IN) Davis (TN) Waters Berry Cardoza Doggett Kingston Pombo Becerra Buyer Davis, Jo Ann Watson Biggert Carson (IN) Dooley (CA) Kirk Pomeroy Bell Calvert Davis, Tom Bilirakis Carson (OK) Doolittle Kleczka Porter Watt Bereuter Camp Deal (GA) Bishop (GA) Carter Doyle Kline Portman Waxman Berkley Cannon DeFazio Bishop (NY) Case Dreier Knollenberg Price (NC) Weiner Berman Cantor DeGette Bishop (UT) Castle Duncan Kolbe Pryce (OH) Weldon (FL) Berry Capito Delahunt Blackburn Chabot Dunn Kucinich Putnam Weldon (PA) Biggert Capps DeLauro Blumenauer Chocola Edwards LaHood Quinn Weller Bilirakis Capuano DeLay Blunt Clyburn Ehlers Lampson Rahall Wicker Bishop (GA) Cardin DeMint Boehlert Coble Emanuel Langevin Ramstad Wilson (NM) Bishop (NY) Cardoza Deutsch Boehner Cole Emerson Lantos Rangel Wilson (SC) Bishop (UT) Carson (IN) Diaz-Balart, L. Bonilla Collins English Larsen (WA) Regula Wolf Blackburn Carson (OK) Diaz-Balart, M. Bonner Conyers Eshoo Larson (CT) Rehberg Woolsey Blumenauer Carter Dicks Bono Cooper Etheridge Latham Renzi Wu Blunt Case Dingell Boozman Costello Evans LaTourette Reyes Wynn Boehlert Castle Doggett Boswell Crane Everett Leach Reynolds Young (AK) Boehner Chabot Dooley (CA) Boucher Crenshaw Farr Lee Rodriguez Young (FL) Bonilla Chocola Doolittle

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.024 H20PT1 H11666 CONGRESSIONAL RECORD — HOUSE November 20, 2003 Doyle King (NY) Platts Watson Weller Woolsey Davis (FL) Jackson-Lee Norwood Dreier Kingston Pombo Watt Whitfield Wu Davis (IL) (TX) Nunes Duncan Kirk Pomeroy Waxman Wicker Wynn Davis (TN) Janklow Nussle Dunn Kleczka Porter Weiner Wilson (NM) Young (AK) Davis, Jo Ann Jefferson Oberstar Edwards Kline Portman Weldon (FL) Wilson (SC) Young (FL) Davis, Tom Jenkins Obey Ehlers Knollenberg Price (NC) Weldon (PA) Wolf Deal (GA) John Ortiz Emanuel Kolbe Pryce (OH) Johnson (CT) Osborne NAYS—1 DeFazio Emerson Kucinich Putnam DeGette Johnson (IL) Ose English LaHood Quinn Paul Delahunt Johnson, E. B. Otter Eshoo Lampson Rahall DeLauro Johnson, Sam Owens Etheridge Langevin Ramstad NOT VOTING—18 DeLay Jones (NC) Oxley Evans Lantos Rangel Abercrombie Fletcher McDermott DeMint Jones (OH) Pallone Everett Larsen (WA) Regula Clay Franks (AZ) Radanovich Deutsch Kanjorski Pascrell Farr Larson (CT) Rehberg Cox Gephardt Rogers (AL) Diaz-Balart, L. Kaptur Pastor Fattah Latham Renzi Cubin Herger Sherman Diaz-Balart, M. Keller Payne Feeney LaTourette Reyes Cummings Isakson Taylor (NC) Dicks Kelly Pearce Ferguson Leach Reynolds Engel Markey Wexler Dingell Kennedy (MN) Pelosi Filner Lee Rodriguez Doggett Kennedy (RI) Pence ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Flake Levin Rogers (KY) Dooley (CA) Kildee Peterson (MN) Foley Lewis (CA) Rogers (MI) The SPEAKER pro tempore (Mr. Doolittle Kilpatrick Peterson (PA) Forbes Lewis (GA) Rohrabacher BASS) (during the vote). Members are Doyle Kind Petri Ford Lewis (KY) Ros-Lehtinen King (IA) Pickering advised that 2 minutes remain in this Dreier Fossella Linder Ross Duncan King (NY) Pitts Frank (MA) Lipinski Rothman vote. Dunn Kingston Platts Frelinghuysen LoBiondo Roybal-Allard Edwards Kirk Pombo Frost Lofgren Royce b 1135 Ehlers Kleczka Pomeroy Gallegly Lowey Ruppersberger Kline Porter Mr. SMITH of Michigan changed his Emanuel Garrett (NJ) Lucas (KY) Rush Emerson Knollenberg Portman Gerlach Lucas (OK) Ryan (OH) vote from ‘‘nay’’ to ‘‘yea.’’ English Kolbe Price (NC) Gibbons Lynch Ryan (WI) So (two-thirds having voted in favor Eshoo Kucinich Pryce (OH) Gilchrest Majette Ryun (KS) thereof) the rules were suspended and Etheridge LaHood Putnam Gillmor Maloney Sabo Evans Lampson Quinn Gingrey Manzullo Sanchez, Linda the Senate bill was passed. Everett Langevin Rahall Gonzalez Marshall T. The result of the vote was announced Farr Lantos Ramstad Goode Matheson Sanchez, Loretta as above recorded. Fattah Larsen (WA) Rangel Goodlatte Matsui Sanders Larson (CT) Regula A motion to reconsider was laid on Feeney Gordon McCarthy (MO) Sandlin Ferguson Latham Rehberg Goss McCarthy (NY) Saxton the table. Filner LaTourette Renzi Granger McCollum Schakowsky Leach Reyes f Flake Graves McCotter Schiff Foley Lee Reynolds Green (TX) McCrery Schrock Forbes Levin Rodriguez Green (WI) McGovern Scott (GA) POISON CONTROL CENTER EN- Ford Lewis (CA) Rogers (KY) Greenwood McHugh Scott (VA) HANCEMENT AND AWARENESS Fossella Lewis (GA) Rogers (MI) Grijalva McInnis Sensenbrenner ACT AMENDMENTS OF 2003 Frank (MA) Lewis (KY) Rohrabacher Gutierrez McIntyre Serrano Franks (AZ) Linder Ros-Lehtinen Gutknecht McKeon Sessions The SPEAKER pro tempore. The un- Frelinghuysen Lipinski Ross Hall McNulty Shadegg finished business is the question of sus- Frost LoBiondo Rothman Harman Meehan Shaw Lofgren Roybal-Allard pending the rules and passing the Sen- Gallegly Harris Meek (FL) Shays Garrett (NJ) Lowey Royce Hart Meeks (NY) Sherwood ate bill, S. 686, as amended. Gerlach Lucas (KY) Ruppersberger Hastings (FL) Menendez Shimkus The Clerk read the title of the Senate Gibbons Lucas (OK) Rush Hastings (WA) Mica Shuster Gilchrest Lynch Ryan (OH) Hayes Michaud Simmons bill. Majette Ryan (WI) The SPEAKER pro tempore. The Gillmor Hayworth Millender- Simpson Gingrey Maloney Ryun (KS) Hefley McDonald Skelton question is on the motion offered by Gonzalez Manzullo Sabo Hensarling Miller (FL) Slaughter the gentleman from Florida (Mr. BILI- Goode Markey Sanchez, Linda Hill Miller (MI) Smith (MI) Goodlatte Marshall T. Hinchey Miller (NC) Smith (NJ) RAKIS) that the House suspend the rules Matheson Sanchez, Loretta Gordon Hinojosa Miller, Gary Smith (TX) Matsui Sanders and pass the Senate bill, S. 686, as Goss Hobson Miller, George Smith (WA) McCarthy (MO) Sandlin amended, on which the yeas and nays Granger Hoeffel Mollohan Snyder McCarthy (NY) Saxton Graves Hoekstra Moore Solis are ordered. McCollum Schakowsky Green (TX) Holden Moran (KS) Souder This will be a 5-minute vote. McCotter Schiff Green (WI) Holt Moran (VA) Spratt McCrery Schrock The vote was taken by electronic de- Greenwood Honda Murphy Stark McDermott Scott (GA) vice, and there were—yeas 420, nays 1, Grijalva Hooley (OR) Murtha Stearns McGovern Scott (VA) Gutierrez Hostettler Musgrave Stenholm not voting 13, as follows: McHugh Sensenbrenner Gutknecht Houghton Myrick Strickland [Roll No. 647] McInnis Serrano Hoyer Nadler Stupak Hall McIntyre Sessions Hulshof Napolitano Sullivan YEAS—420 Harman McKeon Shadegg Hunter Neal (MA) Sweeney Abercrombie Bishop (UT) Cantor Harris McNulty Shaw Hyde Nethercutt Tancredo Ackerman Blackburn Capito Hart Meehan Shays Inslee Neugebauer Tanner Aderholt Blumenauer Capps Hastings (FL) Meek (FL) Sherwood Israel Ney Tauscher Akin Blunt Capuano Hastings (WA) Meeks (NY) Shimkus Issa Northup Tauzin Alexander Boehlert Cardin Hayes Menendez Shuster Istook Norwood Taylor (MS) Allen Boehner Cardoza Hayworth Mica Simmons Jackson (IL) Nunes Terry Andrews Bonilla Carson (IN) Hefley Michaud Simpson Jackson-Lee Nussle Thomas Baca Bonner Carson (OK) Hensarling Millender- Skelton (TX) Oberstar Thompson (CA) Bachus Bono Carter Hill McDonald Slaughter Janklow Obey Thompson (MS) Baird Boozman Case Hinchey Miller (FL) Smith (MI) Jefferson Olver Thornberry Baker Boswell Castle Hinojosa Miller (MI) Smith (NJ) Jenkins Ortiz Tiahrt Baldwin Boucher Chabot Hobson Miller (NC) Smith (TX) John Osborne Tiberi Ballance Boyd Chocola Hoeffel Miller, Gary Smith (WA) Johnson (CT) Ose Tierney Ballenger Bradley (NH) Clyburn Hoekstra Miller, George Snyder Johnson (IL) Otter Toomey Barrett (SC) Brady (PA) Coble Holden Mollohan Solis Johnson, E. B. Owens Towns Bartlett (MD) Brady (TX) Cole Holt Moore Souder Johnson, Sam Oxley Turner (OH) Barton (TX) Brown (OH) Collins Honda Moran (KS) Spratt Jones (NC) Pallone Turner (TX) Bass Brown (SC) Conyers Hooley (OR) Moran (VA) Stark Jones (OH) Pascrell Udall (CO) Beauprez Brown, Corrine Cooper Hostettler Murphy Stearns Kanjorski Pastor Udall (NM) Becerra Brown-Waite, Costello Houghton Murtha Stenholm Kaptur Payne Upton Bell Ginny Cox Hoyer Musgrave Strickland Keller Pearce Van Hollen Bereuter Burgess Cramer Hulshof Myrick Stupak Kelly Pelosi Velazquez Berkley Burns Crane Hunter Nadler Sullivan Kennedy (MN) Pence Visclosky Berman Burr Crenshaw Hyde Napolitano Sweeney Kennedy (RI) Peterson (MN) Vitter Berry Burton (IN) Crowley Inslee Neal (MA) Tancredo Kildee Peterson (PA) Walden (OR) Biggert Buyer Culberson Israel Nethercutt Tanner Kilpatrick Petri Walsh Bilirakis Calvert Cunningham Issa Neugebauer Tauscher Kind Pickering Wamp Bishop (GA) Camp Davis (AL) Istook Ney Tauzin King (IA) Pitts Waters Bishop (NY) Cannon Davis (CA) Jackson (IL) Northup Taylor (MS)

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.009 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11667 Taylor (NC) Udall (NM) Weldon (FL) The Chair recognizes the gentleman CONFERENCE REPORT ON H.R. 2417, Terry Upton Weldon (PA) from Florida (Mr. YOUNG). INTELLIGENCE AUTHORIZATION Thomas Van Hollen Weller Thompson (CA) Velazquez Whitfield Mr. YOUNG of Florida. Mr. Speaker, ACT FOR FISCAL YEAR 2004 Thompson (MS) Visclosky Wicker I yield myself such time as I may con- Mr. GOSS. Mr. Speaker pursuant, to Thornberry Vitter Wilson (NM) sume. Tiahrt Walden (OR) House Resolution 451, I call up the con- Wilson (SC) And I will not consume very much Tiberi Walsh Wolf ference report on the bill (H.R. 2417) to Tierney Wamp Woolsey time because this continuing resolu- authorize appropriations for fiscal year Toomey Waters Wu tion simply extends the existing CR Towns Watson 2004 for intelligence and intelligence- Wynn Turner (OH) Watt until midnight Sunday, this weekend. related activities of the United States Turner (TX) Waxman Young (AK) All conditions, by the way, of the origi- Government, the Community Manage- Young (FL) Udall (CO) Weiner nal CR would still exist on this CR. We ment Account, and the Central Intel- NAYS—1 are reaching the point where we can ligence Agency Retirement and Dis- Paul conclude the appropriations process. ability System, and for other purposes, Most of the appropriations issues have NOT VOTING—13 and ask for its immediate consider- already been solved and are prepared to ation. Clay Gephardt Rogers (AL) be written into a final bill. There are Cubin Herger Sherman The Clerk read the title of the bill. Cummings Isakson Wexler some outstanding issues at a level The SPEAKER pro tempore. Pursu- Engel Olver higher than the Committee on Appro- ant to House Resolutions 451, the con- Fletcher Radanovich priations that we are trying to apply a ference report is considered as having ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE little pressure to get settled. Other been read. The SPEAKER pro tempore (during than that, Mr. Speaker, I would give (For conference report and state- the vote). Members are advised that 2 the House the word that I think we can ment, see proceedings of the House of minutes remain in this vote. get this done by Sunday evening, but November 19, 2003, at page H 11605.) maybe not. We will do the very best The SPEAKER pro tempore. The gen- b 1146 that we can. tleman from Florida (Mr. GOSS) and So (two-thirds having voted in favor As one can imagine, there are an the gentlewoman from California (Ms. thereof) the rules were suspended and awful lot of issues that we have re- HARMAN) each will control 30 minutes. the Senate bill, as amended, was solved and are continuing to resolve. The Chair recognizes the gentleman passed. We are working steadily. We had a from Florida (Mr. GOSS). The result of the vote was announced good conference last night. We cleared Mr. GOSS. Mr. Speaker, I yield my- as above recorded. up a lot of the issues. So, Mr. Speaker, self such time as I may consume. A motion to reconsider was laid on not much more can be said about this. Mr. Speaker, I am pleased to bring the table. Mr. Speaker, I reserve the balance of before the House the conference report f my time. for H.R. 2417, the Intelligence Author- ization Act for Fiscal Year 2004. And I GENERAL LEAVE Mr. OBEY. Mr. Speaker, I simply urge a ‘‘yes’’ vote, and I yield back the want to personally thank members and Mr. YOUNG of Florida. Mr. Speaker, balance of my time. staff of the committee for their indus- I ask unanimous consent that all Mem- Mr. YOUNG of Florida. Mr. Speaker, try, their skill, their professionalism, bers may have 5 legislative days within I ask for a ‘‘yes’’ vote, and I yield back and their dedication in crafting what I which to revise and extend their re- the balance of my time. believe is a strong nonpartisan bill marks and that I may include tabular The SPEAKER pro tempore. All time which will see us well through the and extraneous material on H.J. Res. for debate has expired. year. 78. The joint resolution is considered Perhaps the job was made a bit more The SPEAKER pro tempore (Mr. read for amendment. difficult this year given the attempts BASS). Is there objection to the request Pursuant to House Resolution 450, by some in the media and elsewhere to of the gentleman from Florida? the previous question is ordered. throw American intelligence capabili- There was no objection. The question is on engrossment and ties into the meatgrinder of partisan f third reading of the joint resolution. Presidential politics, but I am con- FURTHER CONTINUING APPRO- The joint resolution was ordered to fident that a review of this legislation PRIATIONS, FISCAL YEAR 2004 be engrossed and read a third time, and will show just how successful the mem- bers of the House Permanent Select Mr. YOUNG of Florida. Mr. Speaker, was read the third time. The SPEAKER pro tempore. The Committee on Intelligence have been pursuant to House Resolution 450, I in putting the Nation’s security needs call up the joint resolution (H.J. Res. question is on the passage of the joint resolution. first, rejecting the divisiveness, the 78) making further continuing appro- partisan trickery and treachery that priations for the fiscal year 2004, and The question was taken; and the Speaker pro tempore announced that has been elsewhere. for other purposes, and ask for its con- H.R. 2417 authorizes funding for all sideration. the ayes appeared to have it. Mr. OBEY. Mr. Speaker, on that I de- intelligence and intelligence-related The Clerk read the title of the joint activities of the United States Govern- resolution. mand the yeas and nays. The yeas and nays were ordered. ment, the Community Management Ac- The text of House Joint Resolution 78 count, and the Central Intelligence is as follows: The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the Agency Retirement Disability System. H.J. RES. 78 Chair’s prior announcement, further Generally speaking, we have author- Resolved by the Senate and House of Rep- ized funding for the National Foreign resentatives of the United States of America in proceedings on this question will be postponed. Intelligence Program in fiscal year 2004 Congress assembled, That Public Law 108–84 is at a level slightly above the Presi- amended by striking the date specified in f section 107(c) and inserting ‘‘November 23, dent’s request and substantially equal to that provided in the appropriations 2003’’. GENERAL LEAVE SEC. 2. Section 8144(b) of the Department of process. Defense Appropriations Act, 2003 (Public Law Mr. GOSS. Mr. Speaker, I ask unani- There is much in the bill to rec- 107–248), as amended by Public Law 108–84, is mous consent that all Members may ommend it to Members of the House. I further amended by striking ‘‘November 21, have 5 legislative days within which to would like to mention just a few of the 2003’’ and inserting ‘‘November 23, 2003’’. revise and extend their remarks on the important provisions and highlights. The SPEAKER pro tempore. Pursu- conference report on H.R. 2471. First and foremost, this conference ant to House Resolution 450, the gen- The SPEAKER pro tempore. Is there report supports the men and women in tleman from Florida (Mr. YOUNG) and objection to the request of the gen- the intelligence community who are the gentleman from Wisconsin (Mr. tleman from Florida? dedicated to protecting our Nation’s OBEY) each will control 30 minutes. There was no objection. citizens and their freedom, many of

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.008 H20PT1 H11668 CONGRESSIONAL RECORD — HOUSE November 20, 2003 whom do this work under a shroud of The conferees were concerned that needed, and it hopefully will be the secrecy, carrying out very tough tasks CIA managers were rushing a bit into committee’s primary focus in the com- and, in fact, heroic deeds with little, if the implementation of an undertested ing year. any, recognition. and unevaluated compensation system. I am particularly satisfied that this Intelligence is the fundamental ele- To address this concern, section 405 bill requires a lessons learned study on ment of the global war on terrorism. It delays slightly the implementation of Iraq intelligence as soon as possible is crucial to America’s efforts in the CIA’s compensation reform plan to and no later than a year from now. hot parts of the war such as Afghani- allow time for the review, evaluation, This House, just 2 days ago on a vir- stan and Iraq, just as it is essential to and for adjustment, where needed, of tually unanimous basis, instructed the protecting Americans overseas and at the compensation program currently conferees to include this language, and home, that is, offense and defense. This being tested in a congressionally man- we did. In the course of 6 months of re- conference report funds many impor- dated pilot program which we have all view, the House Permanent Select tant counterterrorism programs. been very interested in and are fol- Committee on Intelligence on a bipar- Also of note in the fight against ter- lowing very closely. I think the final tisan basis has identified serious short- rorism, we are witnessing history being result will be a better system for man- comings in the prewar intelligence on made this day. This is the first intel- agers and employees alike and a sig- Iraq’s weapons of mass destruction and ligence bill to authorize funds for the nificant improvement for the institu- ties to terrorism. A bipartisan letter intelligence functions of the new De- tion. If it takes a month longer to get earlier this fall details the preliminary partment of Homeland Security. We on view that the gentleman from Florida the committee are acutely aware of the there, I think it is going to be well (Chairman GOSS) and I hold. My own vital need for intelligence community worth the investment. I could go on for some time detailing view is that estimates were substan- resources to be effectively marshaled many other worthy provisions, but I tially wrong and at a minimum the in- in protecting the homeland. In the past will conclude my opening remarks here year, the Federal Government has telligence community overstated the with the observation that this con- moved to realign national resources to strength of underlying data supporting ference report reflects the committee’s better leverage capabilities in the war its conclusions. Asking the intelligence on terrorism. We have been hard at view that the U.S. intelligence commu- community to do an introspective work on that. In addition to the estab- nity is making progress in many areas. study is not an unreasonable request to lishment of the Information Analysis In the past 3 years, it has recovered to ensure the credibility of our national and Infrastructure Protection Direc- a degree from the devastating cutbacks security strategies. It will also ensure torate over at the Homeland Security, and budget personnel capabilities and our troops and our leaders are served the Terrorist Threat Integration Cen- frankly flagging political support that by the best intelligence. ter was created and is under the con- occurred during the mid-1990s. But as I In intelligence collection, the bill trol of the Director of Central Intel- have said, it will be a long road to re- funds initiatives to improve technical ligence, and a new Terrorist Screening covery, and it takes time to build in- and human collection. It pushes the in- Center is being established and put to telligence capability. It will take years telligence community to hire and de- work at the FBI. of sustained effort and attention and velop officers who speak foreign lan- These resources, among others that reinvigorated political backing to re- guages and who have deep experience we have been working on previously, build a fully capable intelligence com- in other countries and cultures, impor- will require continued investment and munity that does all the things we tant issues raised in an unprecedented strong leadership to overcome a num- need it to do for us. We are on the road public hearing a few weeks ago. ber of challenges including, by the way, to recovery. I am proud of that. Invest- b 1200 the challenge of being the first of their ment in timely intelligence is the best In intelligence analysis and dissemi- kind. Our committee will continue to investment for our homeland and na- nation, the bill provides a new infusion be actively engaged in defining how the tional security, and I hope most Mem- of resources to modernize analyst in- intelligence community is evolving to bers agree with that. frastructure, including new informa- meet the challenges of homeland secu- This conference report represents rity. We actually have no greater obli- progress on that road, and I urge the tion technology tools, training, and gation. House to adopt it. hiring new analytic expertise. There is Counterterrorism and counterintel- Mr. Speaker, I reserve the balance of also strong support for improving in- ligence are the driving forces behind my time. formation-sharing across the IC and section 374 of the conference report. Ms. HARMAN. Mr. Speaker, I yield with State and local law enforcement This provision brings the definition of myself such time as I may consume. partners. ‘‘financial institution’’ up to date with I rise in support of H.R. 2417. Earlier The bill provides funds to support in- the reality of the financial industry. today, several large truck bombs ex- tegration of watch list efforts across The current definition in the Right to ploded in Istanbul killing the British the Terrorist Threat Information Cen- Financial Privacy Act was crafted back Consul General and dozens of others, ter, the Department of Homeland Secu- in 1978. That was a quarter of a century wounding at least 450, and causing sub- rity, the Terrorist Screening Center, ago. This provision will allow those stantial property damage. The attacks and other relevant players. The bill tracking terrorists and spies to ‘‘follow appear to have the earmarks of al also authorizes the Secretary of Home- the money’’ more effectively and there- Qaeda, and they make today’s action land Security, working with the Direc- by protect the people of the United even more pressing. tor of Central Intelligence and the At- States more effectively. This bill is not perfect, but it rep- torney General, to establish a training This conference report contains a resents a lot of hard work to come to program to help local and private sec- provision that has received some de- bipartisan agreement on tough issues. tor officials identify threats and report gree of attention, section 405 dealing In the past 2 years, the Permanent Se- information to Federal partners. Infor- with the Central Intelligence Agency’s lect Committee on Intelligence has mation-sharing, as we have shown compensation reform proposal. The completed a joint 9–11 inquiry and is again and again and again, was a pri- conferees support the idea that im- currently reviewing prewar Iraq intel- mary intelligence failure pre-9/11. This provements can be made, should be ligence. These two reviews, among bill goes a long way to fix it. made, in the old GS system of pay and other activities we have undertaken, I am pleased that the bill addresses promotion. I certainly feel we can do have pinpointed deficiencies in collec- the development of data mining efforts better by the officers at CIA. However, tion, analysis, and dissemination of in- for fighting terrorism, while maintain- it is important to replace the outdated telligence that cannot be fixed one ing adequate privacy protections for system with a better one, not just a brick at a time; nor can meaningful in- U.S. persons. The defense appropria- new one. So section 405 will assist CIA telligence improvements be made sim- tions conference report, which we have management in finding the right sys- ply in response to the latest crisis. already voted on, terminated DOD’s tem by allowing important fine-tuning This bill represents progress; but, Mr. Terrorist Information Awareness pro- and workforce buy-in. Speaker, systemic transformation is gram, but it transferred funds and

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.036 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11669 projects from that program to the in- assurances that he will personally re- The conference report takes impor- telligence community. For these pro- view this program and be sensitive to tant steps to strengthen the intel- grams, there are restrictions on mining potential abuses. It is important to ligence community’s ability to provide databases containing information on have strong standards and criteria global analysis. I think it is an excel- U.S. persons, and I applaud those re- alongside the increased flexibility. lent report and an excellent effort on strictions. But data mining, properly The gentleman from Florida (Chair- the part of the chairman, ranking applied, is an excellent way to isolate man GOSS) has said, and I agree, that member, and all Members and our who the bad guys are. It is also impor- intelligence community reform, or staffs. tant to ensure that research and devel- transformation, must be a central We are all aware that we are waging opment on data mining tools con- focus of the committee next year. an aggressive war against terrorism. In tinues, even while deployment awaits Issues raised by our Iraq review and addition, U.S. military forces are fight- the full development of policies, guide- the Joint 9/11 Inquiry point to systemic ing the remnants of the former regime lines, and procedures for use of these challenges and raise fundamental ques- of Saddam Hussein. Yet we have global tools. tions of roles, missions, capabilities, interests, for despite the immediate Let me be clear: I do not support de- and organization. These include wheth- threats that we face, we must not de- ployment without limitations, but I er the intelligence community should vote all of our intelligence energies to think that R&D continues to be impor- be headed by a Director of National In- Iraq and al Qaeda. tant. Responsible, respected groups telligence; whether the Nation would Mr. Speaker, I want to focus my re- like the Markle Foundation Task be best served by a domestic intel- marks on two primary points. The first Force on National Security in the In- ligence agency; the shortcomings of is related to human intelligence. The formation Age and the Center for De- budgeting by supplemental; and our gentleman from Nevada (Mr. GIBBONS), mocracy and Technology, along with committee member, the gentleman I am sure, will cover that subject very scholars at the Brookings Institution from New Jersey (Mr. HOLT), made this well, since it is a primary responsi- and the Heritage Foundation, all have point I thought quite effectively in our bility of the subcommittee he chairs, concluded that data mining tools can previous debate on the rule for this so I will move to the second area. This be enormously beneficial for our na- conference report. Also, strengthening relates to attacking the terrorists’ fi- tional security, and that these oper- the quality of HUMINT and other col- nances. The gentlewoman from Cali- ations can be done in a way that pre- lection on hard targets; the roles and fornia talked about that to some ex- serves privacy and protects civil lib- authorities of the Department of De- tent just a few minutes ago. The distin- erties. fense in intelligence activities; and the guished gentleman from Florida (Mr. But it will not happen automatically. roles and responsibilities of policy offi- GOSS) has been very supportive in the It will require real work from the ad- cials and intelligence analysts regard- progress that is being made in this leg- ministration, especially in view of the ing objectivity of intelligence prod- islation through his leadership. I think hole it dug for itself over the TIA ucts. the important point is what we have project. The bill tasks the administra- Transforming the IC’s approach to done through this legislation within language and cultural expertise will tion to come to grips with the policy the Treasury Department. issues posed by advanced data mining also require special attention. I note Terrorist networks like al Qaeda ob- technology, requiring the administra- the work of the gentleman from New viously cannot function without sig- tion to report to Congress with pro- Jersey (Mr. HOLT) and the gentleman nificant financial backing. These ter- posed modifications to laws and poli- from New York (Mr. BOEHLERT), two rorists, supported by (A) a shadowy cies, and I hope the administration will committee members, and strongly sup- network of fund-raisers, money lenders embrace this opportunity. port the gentleman from Florida’s and shakedown artists; (B) businesses The bill contains a provision to ex- (Chairman GOSS) proposal for a major and charities serving as front organiza- initiative focused on building these pand the definition of ‘‘financial insti- tions; and (C) unscrupulous facilitators skill sets. tution’’ in the context of the FBI’s au- and middlemen. In conclusion, Mr. Speaker, the best thority to issue national security let- Now, prior to the attacks of Sep- intelligence is key to stopping the in- ters which compel the production of fi- tember 11, the Treasury Department surgency and permitting reconstruc- nancial records without a warrant. The was not organized or equipped to take tion in Iraq today. It is key to address- expanded definition closes a poten- steps such as the freezing of terrorist ing threats in Afghanistan today. It is tially significant loophole in the gov- bank accounts or assets. Frankly, it key to countering threats from ter- ernment’s ability to track terrorist fi- has never been as high a priority in rorism in Turkey and elsewhere today, nancing. I agree with the gentleman Treasury as it should have been. H.R. and to addressing challenges in Iran from Florida (Chairman GOSS) on this 2417, this bill, creates an Office of Intel- and North Korea today and tomorrow. point. On the other hand, however, I To produce less than our best intel- ligence and Analysis within the De- worry that language in the bill is not ligence is to protect national security partment of Treasury headed by an As- as clear as it needs to be that this au- less than is needed. sistant Secretary and tasked with the thority to obtain records only pertains Mr. Speaker, it is an honor to serve receipt, analysis, and dissemination of to the customer’s financial relation- as ranking member of this committee. relevant foreign intelligence and coun- ship with institutions. I would have Our 2004 authorization conference re- terintelligence information. In short, preferred this clarification to be in the port was approved unanimously by our the conference report makes the De- statute. It is in the report language. I Members, and I urge its strong support. partment of Treasury a real player, would have preferred the report lan- Mr. Speaker, I reserve the balance of which can be an effective partner agen- guage to be even stronger, and I remain my time. cy, in the global war on terrorism. This concerned that the expanded definition Mr. GOSS. Mr. Speaker, I am very Members extends his appreciation to leaves the potential, hopefully that pleased to yield 3 minutes to the dis- the chairman and the ranking member will never be realized, for abuse in a tinguished gentleman from Nebraska of the Committee on Financial Serv- classic fishing expedition. (Mr. BEREUTER), the distinguished vice ices for working in a constructive man- The bill authorizes new personal chairman of the committee who is also ner to include this important provision services contracting for the FBI to chairman of our Subcommittee on In- in our legislation today. This Member allow it to more efficiently and flexibly telligence Policy and National Secu- also congratulates the staff for the ex- surge capabilities against new mis- rity. He is indeed a busy man. ceptional work here. sions. These powers granted to the FBI (Mr. BEREUTER asked and was I think that the leadership presented must not become a substitute for hir- given permission to revise and extend by the gentleman from Florida (Mr. ing full-time employees for the Bu- his remarks.) GOSS), the chairman, and the distin- reau’s long-term strategic needs or Mr. BEREUTER. Mr. Speaker, I rise guished gentlewoman from California lead to other abuses in hiring prac- in strong support of the authorization (Ms. HARMAN), the ranking member, tices. I spoke earlier this week with legislation, and I thank the chairman has been demonstrated in bringing FBI Director Mueller and received his for yielding me this time. forth a genuinely bipartisan product.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.065 H20PT1 H11670 CONGRESSIONAL RECORD — HOUSE November 20, 2003 The conference report is a very serious ligence community what has and what The satellites of the Cold War were effort to improve our intelligence ca- has not worked, and what has and what key intelligence collectors, and our pacity. Each and every member of the has not gone well in Iraq. Better intel- current reconnaissance vehicles are committee and its staff dedicated long ligence is essential to defeating the ex- even better today than they have ever hours to the drafting of this legisla- panding insurgency that we are seeing been in the past. However, in the world tion. Each member recognizes the im- there today. I am pleased that the bill we live in right now, an overreliance on portance of our actions and responsibil- underscores the urgency of intelligence overhead photography and other tech- ities and things yet to come. This body lessons learned. nical programs would be a mistake. can justifiably, I believe, be proud of This bill also establishes a pilot They cannot provide America with the efforts of the HPSCI in this case project within the intelligence commu- plans and intentions of terrorists who and, in particular, the leadership of the nity to enhance the recruitment of in- plot in secret, hide in civilian popu- gentleman from Florida (Mr. GOSS) and dividuals with diverse ethnic and cul- lations, and communicate with mes- the gentlewoman from California (Ms. tural backgrounds, skill sets, and lan- sengers. guage proficiency. The House Perma- HARMAN). b 1215 Mr. Speaker, this Member urges nent Select Committee on Intelligence strong adoption of the conference re- recently held a rare public hearing on What you have to have is HUMINT, port to H.R. 2417. this very issue of diversity. A panel of collected by professionals possessing Together, these endeavors have severely experts highlighted the capabilities foreign language skills, foreign cul- tested the capabilities of our intelligence re- that a diverse workforce bestows upon tural knowledge, and specialized train- sources. However, America’s interests remain the intelligence community. It brings ing necessary for success. This com- global, and we must not devote all our ener- added language capability and better mittee encourages the enhancement of gies to Iraq and al Qa’ida. The Intelligence understanding of foreign cultures. I am these critical skills areas. And this bill Community must continue to provide timely, pleased that this bill encourages diver- authorizes essential funding needed to actionable intelligence on a host of potential sity in the intelligence community. accomplish these goals. threats—from nuclear proliferation threats on In a similar vein, this bill also fences The second crucial area in the war on the Korean peninsula, to narco-traffickers in a portion of the funds authorized for terrorism is analysis. Our committee the jungles of Colombia, to collapsing regimes the community management account has expressed time and again the im- in West Africa. until the Director of Central Intel- portance of a well-trained, experienced Mr. Speaker, we live in a new world, and ligence submits a report to this com- analytic cadre. Like the HUMINT capa- face new and more terrible threats. In many mittee outlining his plan to improve bility, building a truly professional an- ways, information gathering was easier when diversity throughout the intelligence alytical cadre takes years of invest- the threat was the Soviet Union. Frankly, the community. ment in people, technology, and train- I tried also to include in this bill con- Intelligence Community has been slow in ing. The critical skill sets and profes- ference language urging that the Drug adapting to this new environment. Our intel- sional cadres are still too thin and still Enforcement Agency to make funds ligence services did not reach out aggressively too few in number. We are still paying available for the El Paso Intelligence to recruit the ‘‘human intelligence’’ sources the price for the mistakes of the mid- Center’s Open Connectivity project. that could have provided us invaluable infor- 1990s. The good news is, Mr. Speaker, That language unfortunately was not that this bill commits great resources mation. We lost far too many of the skilled an- included. Nonetheless, I still feel that alysts whose job is to provide early warning. to correct those mistakes. EPIC has an important role to play in CIA, FBI, Homeland Security, and H.R. 2417 provides much-needed funding to countering terrorism, and I hope that rebuild a dynamic, wide-ranging, global ana- other intelligence and law enforcement it is recognized for that role in this agencies desperately need qualified an- lytic capability. But we should be under no illu- committee and others in the near fu- sions—it takes years to develop skilled ana- alysts. It takes years to develop them, ture. but the development is under way. This lysts who are able to ‘‘connect the dots’’ and Mr. GOSS. Mr. Speaker, I am pleased committee has seen to that. And this provide our policymakers with timely informa- to yield 3 minutes to the distinguished bill is a key measure. tion. gentleman from Nevada (Mr. GIBBONS), In conclusion, I want to emphasize Ms. HARMAN. Mr. Speaker, it is my the chairman of our Subcommittee on 1 that the bill before you will signifi- pleasure to yield 2 ⁄2 minutes to the Human Intelligence, Analysis and cantly help the intelligence agencies gentleman from Texas (Mr. REYES), a Counterintelligence, and a man who increase and sharpen their effective- senior member of our committee. has carried some of the more difficult ness, especially against terrorist Mr. REYES. Mr. Speaker, I thank the projects that we have had to deal with groups. gentlewoman for yielding me this time. in this bill. First, Mr. Speaker, I would like to (Mr. GIBBONS asked and was given I strongly support this measure, Mr. thank the chairman of our committee permission to revise and extend his re- Speaker. I urge its passage and once and ranking member for their commit- marks.) again thank the chairman and the ment to working in a bipartisan man- Mr. GIBBONS. Mr. Speaker, I rise in ranking member for their leadership in ner on the very important work that strong support of the Intelligence Au- this. this committee has to do. thorization bill, and I want to thank Ms. HARMAN. Mr. Speaker, I yield 2 I rise today in strong support of the my friend and colleague, the gen- minutes and 10 seconds to the gen- conference report for H.R. 2417, the In- tleman from Florida (Mr. GOSS), for tleman from Iowa (Mr. BOSWELL), our telligence Authorization Act of 2004. granting me this time to speak on it. committee member who is the ranking Conferees and staff worked together This is a very good bill, Mr. Speaker. member on the Subcommittee on closely to craft a bill that provides new It represents a lot of hard work by very Human Intelligence, Analysis and and better capabilities to fight the war dedicated staffs on both sides of the Counterintelligence. in Iraq and the war on terrorism, as aisle. It addresses intelligence needs (Mr. BOSWELL asked and was given well as to address a range of global in- that this committee has highlighted permission to revise and extend his re- telligence challenges that we, as a for many years. The good news is, Mr. marks.) country, face today. Speaker, that some of the most crucial Mr. BOSWELL. Mr. Speaker, I thank I want to highlight two features of needs of our intelligence community, the gentleman from Florida (Chairman this very important bill. The first one the human intelligence and analysis, GOSS) and the gentlewoman from Cali- is the requirement that the Director of are getting the funding and attention fornia (Ms. HARMAN), the ranking Central Intelligence submit an Iraq that they deserve. We are fighting a member, for their leadership and Lessons Learned Report to the intel- war on terrorism, and I cannot over- untiring efforts to work together and ligence committees as soon as possible. emphasize how important human intel- produce this very meaningful bill. Plus Tuesday we debated the merits of the ligence, also known under the acronym I have never seen better and more dedi- lessons learned in Iraq. I argued that of HUMINT, is to the security of the cated staff than I have seen on this Iraq must not become another Viet- American people and to our national committee, and I appreciate them very nam. We need to know from the intel- interests. much.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.038 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11671 It is basic: we have to have the best I want to compliment the gentleman of the Department of Homeland Secu- possible intelligence to enable our from Florida (Mr. GOSS) for his ex- rity’s office of Information Analysis troops and protect our Nation again a traordinary leadership and the out- and Infrastructure Protection to facili- basic must-do. So I rise in support of standing job that he does and also com- tate timely sharing of relevant infor- H.R. 2417, the Intelligence Authoriza- pliment our ranking member, the gen- mation with all appropriate Federal tion Act of Fiscal Year 2004. What is tlewoman from California (Ms. HAR- and State and, very importantly, local the bottom line of this bill? The bot- MAN), for the good work that she does first responder authorities. tom line is that it funds important new and the way in which both the chair- Our committees will continue to en- intelligence capabilities while demand- man and the ranking member are able courage the intelligence community ing accountability and improvement in to work together. I too want to com- development of clear policies and certain areas. pliment our staff. I think they do a ter- guidelines by which no resource is Here are three examples: first, the rific job and work long hours on behalf wasted, no credible terrorist threat left conference report requires the intel- of really tying to improve intelligence undetected, and threats to our home- ligence community to conduct a review gathering and really keeping the Mem- land continue to diminish. of lessons learned for military oper- bers posted on what is happening. The House Permanent Select Com- ations in Iraq. Based on the commit- Never before have we needed or have mittee on Intelligence is very proud of tee’s reviews so far of prewar intel- we demanded so much of crucial impor- the men and women that serve in the ligence on Iraq, there were some seri- tance from our intelligence commu- war on terrorism. I am convinced that ous deficiencies in collection and anal- nity. The intelligence community pro- the bill will make them more effective ysis that needed to be fixed, must be vides the eyes, ears, and analytical in their efforts to defend our country. I fixed. The lessons learned provision is brain power necessary to identify and urge our colleagues to support this leg- essential and will identify new tools prevent terrorist attacks. The cata- islation. and techniques needed. clysmic events of September 11, 2001, I would be remiss, though, if I did not Second, as the ranking member of provide a unique and compelling man- say something about what has taken the Subcommittee on Human Intel- date for strong leadership and con- place in what I would characterize as ligence, Analysis and Counterintel- structive change throughout the intel- the politicizing of the intelligence ligence, I want to strengthen HUMINT ligence community. This bill adds to gathering in the other body. Specifi- collection efforts around the world. In that impetus for change. cally, the Senate Select Committee on our efforts and briefings and in our I believe our committee has authored Intelligence has, I believe, tried to use committee members’ oversight trips to legislation that strives to fully invest intelligence gathering as a political ve- Baghdad and other places, members in and engage those economic, mili- hicle for nothing other than political have talked to dozens of intelligence tary, foreign policy, and law enforce- gain against the President and his officers who are fighting the war on ment elements of our intelligence com- team. This is wrong and I decry those terrorism and fighting to win the peace munity in the war on terrorism. It who want to use the intelligence ef- in Iraq. I admire their bravery, their strives to employ, integrate, and en- forts of this country for political gain. patriotism, and their selfless dedica- hance the capability of the intelligence These political efforts are unprece- tion to duty. community to track down and destroy dented and I hope the embarrassment This conference report provides them terrorist organizations both overseas brought to bear on the Senate Select with tools they need to accomplish and within the United States. Committee on Intelligence will put an their mission. It expands language and For instance, this legislation sup- end to the charade that has taken cultural expertise in the intelligence ports the attack on international fi- place. agencies. It asks the administration to nancial support for terrorism, supports Mr. Speaker, at this point I will set up a process for reviewing the laws the unique analytical capabilities of enter into the RECORD the memo that and guidelines associated with data the Office of Foreign Assets Control at has been made public that came from mining. And it supports new tools for the Treasury Department and further the Senate Select Committee on Intel- sharing information through the Ter- develops these capabilities by estab- ligence. rorist Threat Integration Center and lishing the Office of Intelligence Anal- We have carefully reviewed our options with local officials to the Department ysis within the Treasury Department. under the rules and believe we have identi- The last measure will streamline and fied the best approach. Our plan is as follows: of Homeland Security and local FBI (1) Pull the majority along as far as we can joint task force on terrorism. centralize the U.S. Government’s capa- on issues that may lead to major new disclo- Finally, the conference report in- bility to track terrorist financial net- sures regarding improper or questionable cludes measures that will strengthen works around the globe. conduct by Administration officials. We are the capabilities of defense human intel- As chairman of the Subcommittee on having some success in that regard. For ex- ligence. Through further trans- Terrorism and Homeland Security, I ample, in addition to the President’s State of formation and reform, defense am acutely aware of the vital need for the Union speech, the Chairman has agreed HUMINT will become more flexible, our intelligence resources to be mar- to look at the activities of the Office of the agile, readily responsive to the Depart- shaled not only on the international Secretary of Defense (e.g. Rumsfeld, Feith front but also in our homeland. and Wolfowitz) as well as Secretary Bolton’s ment of Defense intelligence require- office at the State Department. The fact ments. This is a good bill that will pro- In order to defeat terrorism threats that the Chairman supports our investiga- tect Americans. I am pleased to sup- to our Nation, all elements of govern- tions into these offices, and cosigns our re- port it. ment must communicate and coordi- quests for information, is helpful and poten- Mr. GOSS. Mr. Speaker, I yield 4 nate more effectively among them- tially crucial. We don’t know what we will minutes to the distinguished gen- selves. The conference report supports find, but our prospects for getting the access tleman from Illinois (Mr. LAHOOD) who efforts to encourage the flow of infor- we seek is far greater when we have the is the chairman of our Subcommittee mation, measures including FBI efforts backing of the Majority. (Note: We can ver- to make internal, structural, and tech- bally mention some of the intriguing leads on Terrorism and Homeland Security. we are pursuing). And that subcommittee has, indeed, nological changes to improve and ex- (2) Assiduously prepare Democratic ‘‘addi- been hard at work. pand the use of data mining and other tional views’’ to attach to any interim or (Mr. LAHOOD asked and was given cutting-edge analytical tools; author- final reports the committee may release. permission to revise and extend his re- ity for the FBI director to enter into Committee rules provide this opportunity marks, and include extraneous mate- contracts for needed services like lan- and we intend to take full advantage of it. In rial.) guage skills, intelligence analysis, and that regard, we have already compiled all Mr. LAHOOD. Mr. Speaker, I rise in other high-value requirements relate the public statements on Iraq made by senior support of the Intelligence Authoriza- to the flow of information not already Administration officials. We will identify the most exaggerated claims and contrast them tion Act for fiscal year 2004 and thank available; the creation and nurturing with the intelligence estimates that have our chairman, the gentleman from of the Terrorism Threat Integration since been declassified. Our additional views Florida (Mr. GOSS), for yielding me this Center as a central office to monitor will also, among other things, castigate the time. threats to the Nation; the inauguration majority for seeking to limit the scope of the

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.040 H20PT1 H11672 CONGRESSIONAL RECORD — HOUSE November 20, 2003 inquiry. The Democrats will then be in a of September 11 and as the drama in nity’s strategic plan for an imagery ar- strong position to reopen the question of es- Iraq was unfolding. By these yardsticks chitecture. It is imperative that the tablishing an independent commission (i.e. this conference report reflects impor- community sees into the future with a the Corzine amendment). (3) Prepare to launch an Independent inves- tant progress in many areas. One of the utility of a cohesive imagery structure tigation when it becomes clear we have ex- most significant lessons to emerge that focuses on each technical collec- hausted the opportunity to usefully collabo- from the joint congressional inquiry tion system and how it fits uniquely or rate with the Majority. We can pull the trig- into the 9/11 tragedy is the need to im- with intentional redundancy into this ger on an independent investigation of the prove information-sharing through the broader framework we call an imagery Administration’s use of intelligence at any extension of modern information tech- architecture strategy. I think we have time—but we can only do so once. The best nology. Sounds like a no-brainer. But a fair spending plan here that provides time to do so will probably be next year ei- what we have found is that simply was the support that is needed, yet chal- ther: (A) After we have already released our ad- not the case. lenges the community to see more ditional views on an interim report—thereby The Permanent Select Committee on clearly a comprehensive vision of a providing as many as three opportunities to Intelligence made a concerted effort much-needed cohesive architecture. make our case to the public: (1) Additional this year to chart a path to bring the Just like an architect, we must have a views on the interim report; (2) announce- information revolution to the intel- blueprint. ment of our independent investigation; and ligence community. So it is imperative Mr. Speaker, on that note I would (3) additional views on the final investiga- for the Congress to sustain the pres- also like to express my disappointment tion; or sure next year and for the executive that the choices presented to us in this (B) Once we identify solid leads the Major- ity does not want to pursue. We would at- branch to embrace this vision. conference report require us to fund a tract more coverage and have greater credi- Regarding so-called data mining of particular classified collection system bility in that context than one in which we government and private sector data- within this bill. This system does not simply launch an independent investigation bases, this is an extraordinarily large fit into what we hope will be our Na- based on principled but vague notions re- issue, and it contains extensive infor- tion’s well-conceived architecture. In garding the ‘‘use’’ of intelligence. mation on U.S. persons. And this con- fact, it is a transgression. It may per- In the meantime, even without a specifi- ference report strikes what we believe petuate a series of problems. cally authorized independent investigation, is the right balance between security we continue to act independently when we I would like to commend my col- encounter foot-dragging on the part of the and privacy protection for the Amer- league, the gentleman from Nevada Majority. For example, the FBI Niger inves- ican people. The American people care (Mr. GIBBONS), for his efforts in spear- tigation was done solely at the request of the about this. The conference report au- heading a committee campaign to edu- Vice Chairman; we have independently sub- thorizes continued development of data cate all members of the committee on mitted written questions to DoD; and we are mining tools, but it prohibits their use the pros and cons of this program and preparing further independent requests for against domestic databases. It calls for to praise him for the impact that he information. the administration to begin defining had on the authorization for the pro- Summary the policies, the procedures, and the gram in this bill. Intelligence issues are clearly secondary to technologies necessary to safeguard Mr. Speaker, the intelligence com- the public’s concern regarding the insur- this privacy. munity is building a number of tools. I gency in Iraq. Yet, we have an important I would like to turn just briefly to role to play in revealing the misleading—if believe we need to use them and use not flagrantly dishonest methods and mo- the problem of prewar intelligence. The them jointly and across services and tives—of the senior Administration officials intelligence community has to face up agencies. I am glad to say that this bill who made the case for a unilateral, preemp- to the problems and the shortcomings addresses the need for greater emphasis tive war. The approach outline above seems in its Iraq estimates. That is why I on tasking, processes, exploitation, and to offer the best prospect for exposing the strongly support the conference re- dissemination practices within the in- Administration’s dubious motives and mo- port’s requirement for the intelligence telligence community. tives. community to report on lessons b 1230 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE learned. The SPEAKER pro tempore (Mr. I want to again thank the com- These intelligence systems are be- LATOURETTE). The Chair would remind mittee, the committee staff, my col- coming so proprietary and so complex all Members it is not appropriate dur- leagues, most especially our gifted and so autonomous that neatly net- ing debate to characterize the actions leader, the vice chairman of the House working them is becoming equally as or inactions in the other body. Permanent Select Committee on Intel- difficult. It is very important that we Ms. HARMAN. Mr. Speaker, I yield ligence. observe collectively how these systems 21⁄2 minutes to the gentlewoman from Mr. GOSS. Mr. Speaker, I yield 3 are used and by whom for greatest ben- California (Ms. ESHOO), my colleague minutes to the distinguished gen- efit. I believe this bill enforces that and classmate, the ranking member on tleman from Michigan (Mr. HOEKSTRA) concern. our Subcommittee on Intelligence Pol- who is chairman of the Subcommittee Mr. Speaker, H.R. 2417 supports our icy and National Security. on Technical and Tactical Intelligence intelligence community as it supports Ms. ESHOO. Mr. Speaker, I rise in and, obviously, a critical member of our country’s defense. Most visibly our support of this conference report. And I the team who has also been one of our intelligence community is fully sup- want to express in the beginning of my world travelers to places that not ev- porting our military and other per- comments my appreciation for the erybody wants to go to. sonnel in Operation Iraqi Freedom, in hard work, the cooperation of all of my Mr. HOEKSTRA. Mr. Speaker, I rise Operation Enduring Freedom, at Guan- colleagues on the committee, of course, today in support of H.R. 2417 and the tanamo Bay and here in homeland se- our distinguished chairman and, most conference report to accompany the curity operations. Mr. Speaker, intel- particularly, the gentlewoman from 2004 intelligence authorization bill. ligence is our Nation’s first line of de- California (Ms. HARMAN), who I think Mr. Speaker, I am proud to serve as fense. We needs to support it and our really leads us so well on our side and a member of the Permanent Select intelligence professionals who continue really brings such credit to the work Committee on Intelligence. It is my to do heroic, but unheralded, work that we do. To the staff of our com- pleasure to commend the leadership around the globe. mittee, and, certainly, from where I and direction of the gentleman from Mr. Speaker, I am pleased that this speak, the minority staff; The word Florida (Chairman GOSS) and the rank- bill properly supports the intelligence ‘‘intelligence’’ is used all the time—I ing member, the gentlewoman from community as it proves our best and think it resides first with them. They California (Ms. HARMAN), on this non- first line of defense for America. I urge are second to none. And I really salute partisan bill at a time in this country’s my colleagues to support H.R. 2417. them for the work they do day in and history when it is needed most. Ms. HARMAN. Mr. Speaker, how day out. This bill addresses the critical need much time remains? This legislation was prepared with to review the Nation’s imagery capa- The SPEAKER pro tempore (Mr. our minds still focused on the lessons bilities and the intelligence commu- LATOURETTE). The gentlewoman from

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.019 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11673 California (Ms. HARMAN) has 13 minutes to increase language proficiency in istration, we went into Haiti and So- remaining. The gentleman from Flor- America. Inadequate language capa- malia. Those places are the hell holes ida (Mr. GOSS) has 11 minutes remain- bilities actually threaten our national of the Earth, and they are still there. ing. security. We must invest more in the Look at Kosovo, the number of mis- Ms. HARMAN. Mr. Speaker, I yield 3 creation of a workforce possessing req- sions. You know how many tanks we minutes to the gentleman from New uisite language skills; and to do this sunk in Kosovo? Five. We destroyed a Jersey (Mr. HOLT), another committee we must build greater proficiency country, but we had five kills and we member. throughout the country. We must in- wore out our equipment. Guess what? Mr. HOLT. Mr. Speaker, as many of crease the pool. There is bipartisan CIA and intel and NSA, they were all my colleagues have already done, I agreement on that, I believe, in the involved in that, and we spread them would like to compliment the chair- committee. thin. So I would caution the Members man on his commitment to bipartisan- I appreciate the chairman’s commit- who chastise Mr. Tenent or any of the ship within the committee, not only in ment to finding a comprehensive solu- other leadership that we put in those the presentation of this bill but in so tion to intelligence community defi- positions because we need to give them many of the committee’s activities. ciencies, indeed, national deficiencies the tools to do their job. They are hard The two sides may not see eye to eye in our language capabilities. I look for- working, dedicated individuals, spread on every issue, but the two sides do ward to doing that with the chairman to thin. share a commitment to national secu- in the next session on, as in so many The other thing that I would bring up rity. things in this committee, a bipartisan that upsets me is that there have been I especially want to thank the rank- basis. some memos using this committee in ing member, the gentlewoman from Mr. GOSS. Mr. Speaker, I yield 3 the other body as a partisanship tool to California (Ms. HARMAN), for her lead- minutes to the distinguished gen- take a majority and the White House. ership and bipartisanship. She brings tleman from California (Mr. CUN- That is wrong. During a time of war, to her position a vigorous commitment NINGHAM), a very dedicated member of Mr. Speaker, that does disservice to to the Nation’s intelligence. our committee who is well known for this Nation, to this committee and to Mr. Speaker, I rise in support of H.R. other capabilities as well. the American people. Mr. CUNNINGHAM. Mr. Speaker, I 2417. The bill enhances our Nation’s in- f telligence capabilities in several im- thank the chairman and the ranking portant ways: In all source analysis, in member. This is a good bill. It is a bi- ANNOUNCEMENT BY THE SPEAKER foreign language capabilities, in partisan effort. The members, the peo- PRO TEMPORE human intelligence, in counter-ter- ple that have been on the committee The SPEAKER pro tempore. The rorism watchlists and in particular and the new members I think have Chair would again remind Members it programs. It is a step forward in what done a good job, and especially the is not appropriate during the debate to is I think a long-term transformation staffs. Everybody should vote for this characterize actions or inactions in the of the intelligence community. bill. It is good however, I have some other body. The bill is based on a good measure concerns that I would like to bring up, Ms. HARMAN. Mr. Speaker, I yield of oversight, but as I spoke earlier not about the bill, but about the intel- myself 10 seconds. today here, it is difficult to provide the ligence process. I would just point out that Members For years, our military has been kind of full oversight of such a multi- on our side strongly support the women drawn and cut down in half. If you look faceted and secretive undertaking, but and men in the field who work in our at the Air Wings, the number of serv- it is essential that we do so. intelligence community. I assume the ices, the number of tanks, the number Intelligence, like law enforcement prior speaker is aware of that. of ships, the number of Marine Corps, and policing, is essential to an orderly We also, to my knowledge, have not the number of Air Wings that we have, society; but like policing, it has great produced any memos around here that it has almost been cut in half, but yet potential for misuse, challenging per- could be characterized as divisive. We we ask our military to do almost four are all pulling in the same direction, sonal rights and civil liberties and times what they did during previous and that is, hopefully, to enhance our abroad it can harm as well as advance years. our interests. Now, how does that effect the intel- national security. It is also essential that we, as a com- ligence community? Because every Mr. Speaker, I yield 3 minutes to the mittee, support and stand behind the time DOD is deployed, our intelligence gentleman from Florida (Mr. dedicated people and very talented peo- agents have to deploy with them. We HASTINGS), a senior member of our ple who sacrifice so much, sometimes spread them thin. And there are Mem- committee and a senior member of the even their lives, to keep alive Amer- bers in this body and the other body Committee on Rules. ican ideals. that continually, through their liberal Mr. HASTINGS of Florida. Mr. We know that our intelligence is not views, choose to cut defense and intel Speaker, I thank my friend, the rank- perfect. We have a particularly good to pay for social programs. ing member, and she is my friend, for example of that in the intelligence Now, those in many cases are the yielding me time. that led up to and into the war with same Members that I have heard get up Mr. Speaker, I regret that the gen- Iraq. I hope the committee will con- on this floor and in the other body talk tleman from California (Mr. tinue to scrutinize the way in which in- about, oh, how devastating it is that CUNNINGHAM), our colleague on the telligence on Iraq’s threat or perceived we do not have enough body armor for other side who just spoke, has left the threat to the United States may have our troops or we cannot upgrade room. For I did want to remind him been deficient and to draw lessons for Humvees or that George Tenent should what the ranking member just has said the future. The committee’s oversight be replaced. But in some cases, those and that is every member of the House of this issue will be especially impor- same Members have voted to cut the Permanent Select Committee on Intel- tant if the long-term transformation of funding necessary to give those indi- ligence vigorously and actively sup- the intelligence community is to result viduals the tools they need to do their ports the intelligence community in its in better intelligence. job, and that is wrong. entirety and fully recognizes the ex- I hope we will continue to move to- You will not see that portion in any traordinary and dangerous work that ward more use of understanding of report that we have done either in this they do on behalf of this great Nation. unclassifieds and open sources. There is body or the other body, because I do I rise in support of this measure. As often, in fact, more useful knowledge not think they have got the guts to put ranking member of the Subcommittee in open sources than from the secret it in there. They will not point at on Terrorism and Homeland Security, I sources that the intelligence commu- themselves, because they won’t give have had the privilege to meet many nity sometimes so depends on. our kids and our intel folks the funding talented and dedicated intelligence I am disappointed that this bill does that they need. professionals. I sincerely appreciate not include my proposal to authorize We have older systems that have the sacrifices they have made to ensure $10 million for two programs designed been drawn out. In the previous admin- that United States interests both in

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.046 H20PT1 H11674 CONGRESSIONAL RECORD — HOUSE November 20, 2003 our homeland and abroad are pro- league from Nevada (Mr. GIBBONS) has power to demand financial records, tected. We must make a continued in- emphasized the importance of this without a judge’s approval, to a large vestment in human resources, our issue very well, but I want to bring up range of businesses, vastly wider than greatest intelligence assets. This bill a couple of other points. their current authority. does that by increasing funds available I mentioned, of course, that we are Right now the FBI has the authority for language proficiency maintenance focussed heavily on the terrorist con- to serve subpoenas to traditional finan- and awards initiatives and providing flicts that create so many problems for cial institutions when investigating specialized training for collectors and us in places like Afghanistan and Iraq. terrorism and counterintelligence analysts. However, we do have global responsibil- without having to seek a judge’s ap- I am pleased that this bill also in- ities. So the intelligence community proval. The law understands the phrase cludes a provision similar to one I of- needs to continue to provide timely, ‘‘financial institutions’’ as we do: fered on the House floor. It requires the actionable intelligence on a host of po- banks, loan companies, savings asso- intelligence community to establish a tential threats from nuclear prolifera- ciations and credit unions. Currently, pilot project to recruit people of di- tion threats on the Korean peninsula, these are the types of institutions sub- verse ethnic and cultural backgrounds from narcotraffickers in the jungles of ject to administrative subpoenas. and those proficient in critical foreign Colombia, from collapsing regimes in The provision in this bill, however, languages. Annual statistics, and the West Africa. uses a definition of financial institu- committee’s November 5 public diver- Mr. Speaker, I would emphasize for tions to decide what organizations are sity hearing demonstrate that the in- our colleagues, and all Americans, that subject to administrative subpoenas. telligence community continues to lag we live in a new world and face new Under this bill, not only are the tradi- behind the Federal workforce and the and more terrible threats. In many tional financial institutions like banks private sector in the number of women ways, information gathering was easier and credit unions affected but so are and minorities in its ranks, especially when the threat was the Soviet Union. pawnbrokers, casinos, vehicle sales- in core mission areas. Clearly, more Frankly, the intelligence community men, real estate agents, telegraph com- must be done to increase diversity has been slow in adapting to this new panies, travel agencies, the U.S. Postal across the intelligence community. I environment. Service, just to name but a few. believe that this pilot project is an- In the judgment of this Member, our Winning the war against terrorism is other important step in this regard. intelligence service did not reach out indeed vital, Mr. Speaker, and we must Finally, it is important to note that aggressively to recruit the human in- make sure that our law enforcement this bill authorizes only part of the op- telligence sources that would have pro- officials have the tools necessary to en- erating funds for the intelligence com- vided us with valuable information. gage this war and win these battles. munity. A huge portion of intelligence In our previous authorization bill, we The FBI’s need for authority to sub- funds were provided in the $87 billion corrected one of the reasons for that poena these groups in order to track Iraqi counterterrorism supplemental failure in asset recruitment. Also, be- and find and shut down terrorist oper- and in the supplementals that pro- cause of budgetary restraints, the in- ations is not in question, and I do not ceeded it. I am extremely concerned telligence community in the mid-1990s question that. However, under these about our government’s increasing lost far too many of its skilled analysts provisions, the FBI no longer needs a overreliance on supplemental appro- whose job was to provide early warn- court order to serve such a subpoena on priations. a new and lengthy laundry list of fi- Budgeting by supplementals greatly ing. This legislation provides much- nancial institutions. With this legisla- undermines the committees’s ability to needed funding to further rebuild a dy- tion, we eliminate the judicial over- effectively oversee how funds appro- namic, wide-ranging global analytical sight that was built into our system for priated by Congress are spent. I fear capability. But we should be under no a reason, to make sure that our pre- this trend may lead to less account- illusion. It takes years to develop cious liberties are protected. ability in the budget building and ac- skilled analysts who are able to con- In our fight for our Nation to make counting process, a perhaps unin- nect the dots and provide our policy the world a safe place, we must not tended, but nonetheless unacceptable, makers with timely information. turn our backs on our own freedoms. consequence. b 1245 On balance, this bill does much to en- Expanding the use of administrative Mr. Speaker, we have made a start hance our Nation’s international secu- subpoenas and threatening our system here. This is good legislation. I urge its rity efforts. For this reason, I urge my of checks and balance is a step in the support and I thank the chairman for colleagues to support it. I am prepared wrong direction. yielding me this time. at this time to support this measure. Ms. HARMAN. Mr. Speaker, how Mr. GOSS. Mr. Speaker, I yield 2 Ms. HARMAN. Mr. Speaker, my un- much time remains? minutes to the distinguished gen- derstanding is there is an additional The SPEAKER pro tempore (Mr. speaker on the other side, and then the tleman from Nebraska (Mr. BEREUTER), LATOURETTE). The gentlewoman from the vice chairman of the committee. gentleman from Florida (Chairman California (Ms. HARMAN) has 7 minutes (Mr. BEREUTER asked and was GOSS) obviously has the right to close. remaining, and the gentleman from given permission to revise and extend I would reserve our time until all Florida (Mr. GOSS) has 4 minutes re- his remarks.) speakers but the chairman have spo- maining. Mr. BEREUTER. Mr. Speaker, I ken. Ms. HARMAN. Mr. Speaker, I am the thank the chairman for yielding me ad- Mr. GOSS. Mr. Speaker, I am pleased concluding speaker on our side, and I ditional time. to yield 2 minutes to the distinguished yield myself such time as I may con- I did want to mention in response to gentleman from Idaho (Mr. OTTER). sume. what the gentleman from New Jersey (Mr. OTTER asked and was given per- Let me say first that the views of the (Mr. HOLT) said about the language mission to revise and extend his re- prior speaker are views I share. I am issue, I have been charged with the re- marks.) sad to hear that he will oppose the bill, sponsibility, with the help of the gen- Mr. OTTER. Mr. Speaker, I thank the but I certainly agree that we need to be tlewoman from California (Ms. ESHOO), chairman for this time that he has of- sure we are narrowing the reach of for taking on this subject and seeking fered me today. these national security letters and lim- broadly the sources of information to I rise in deep concern over a provi- iting them only to financial trans- give us the best product. My hope is sion in this legislation. Like most of actions. It is important that we find that we will have a separate bill on the my colleagues, I supported H.R. 2417 terrorists. subject of language training and re- when it came before the House in June; It is important that we track ter- cruitment before the House some 4 to 6 but after tertiary review, I find that rorist financing; but it is, by my lights, months after the next session of Con- there is a provision in the bill that po- risky to fail to include additional lan- gress is convened. tentially has long-reaching effects on guage in the bill or the report that I also wanted to speak further on the civil liberties. H.R. 2417 includes a pro- would make clear what our intent is. I HUMIT issue. Our distinguished col- vision that would expand the FBI’s hope this new authority will not be

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.048 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11675 abused. I will certainly be watching it committee. Shrill press releases are Finally, I want to thank committee carefully, and I do appreciate the fact not dialogue. Quiet conversations, staff, all HPSCI staff, all sides, both to- that the prior speaker expanded on talking about how we see things, what gether, including, obviously, Demo- what abuses could potentially occur. we think can be improved, why it needs cratic members and Republican mem- Mr. Speaker, first I would like to to be improved, will get the job done. bers and those who do not want to de- thank the women and men who work in This bill provides many new re- clare either side who we call our sup- our intelligence community around the sources, many, many new resources, port staff. Without staff support, it is world. I have been to austere places all and is carefully crafted to suggest best obviously their expertise, their dedica- over the world, and I have met women directions for the intelligence commu- tion, our committee would not do and men who work in the most dan- nity. We have confidence in the people much of anything. gerous conditions who put our security who work there. We are proud of them. They do work late hours. I know that first, ahead of theirs, and who leave We thank them. We are trying to help occasionally when I work late hours I their families at home and take enor- them do better. find them there. I find them occasion- mous risks for our country. I salute I urge support of this authorization ally when I come in early I find them them. I know how dangerous their jobs conference report. there. They do wonderful things for us, are. I appreciate what they do every Mr. Speaker, I yield back the balance and they get very little recognition. I single day. of my time. know a lot of the work is tedious and And particularly, let me say today to Mr. GOSS. Mr. Speaker, I yield my- mundane and a lot of it is exciting, and our intelligence community in Iraq and self the remaining time. I appreciate their contributions in all I just want to take a few minutes to in Turkey and places that are under of those areas. congratulate my ranking member for siege, I really appreciate what they are The other thing I know for sure is the the superb job that she has done on her doing. I thank them very much. work space up there leaves a lot to be side of the aisle in this conference re- I also want to say thank you to the desired, and I promise we are going to port and throughout the year. To say members of this committee. All of work on a lavatory soon. We do feel the she is hardworking and dedicated does them work hard. There is bipartisan- days have come when there is indoor not quite get it. I have words here that ship in this committee, and I thank the plumbing, and we should acknowledge say her determination is fierce and she gentleman from Florida (Mr. GOSS) for that on the Permanent Select Com- is definitely a force to be reckoned the partnership we have had over some with. That does not quite say it either. mittee on Intelligence. years now. Everybody deserves congratulatory She is a very valuable asset, and we are Let me thank the hardworking staff words today, and I want to thank ev- very grateful for her energies and sug- on a bipartisan basis. Every one of erybody, and I mean that very sin- gestions and leadership and the way them works enormously hard, and I cerely. she goes about her business. would just like to recognize the eight This is her very first conference re- There is one person on the committee minority staffers, most of whom are port as ranking member I think, if I I am going to single out today, though, sitting around me right now: Suzanne have got my history right; and she ob- who serves as the committee’s budget Spaulding, the minority chief of staff; viously was of significant importance director who is entitled, I think, for Bob Emmett; John Keefe; Beth Larson; in bringing the report through for the specific recognition this year. Mike Marcel Lettre; Kirk McConnell; authorization bill that the House did, Meermans has served the government Wyndee Parker; and Ilene Romack. but she was also significantly helpful for now, I am told, 30 years, in fact Thank you every day for what you do. in the negotiations with the other body something in excess of that. Among Let me just make three concluding which I am not allowed to mention. other jobs in the United States he points. First, facing tough issues. It is I would also like to thank each and served in the United States Air Force, absolutely critical at a time when se- every member of HPSCI for their undy- and he has been engaged by the govern- curity risks are expanding around the ing dedication to the security of our ment as an Arab linguist. Mike has world that we face tough issues; that Nation and the protection of the people been with HPSCI since 1995. This is his Congress face tough issues and ask of the United States. That is what we 8th year on the committee. tough questions; and that the intel- do. Each member works very hard It has been a very trying year for ligence community, which tries hard learning the business of intelligence, Mike, whose college-age son early in but has not always delivered perfect and it is not an easy subject. What the year was diagnosed with cancer. products, face tough issues, go through they come to understand in that proc- Throughout his son’s course of treat- this lessons learned exercise and learn ess is that this Nation is far better off ment, Mike was by his side, I know, from wrong judgments that were made with our intelligence professionals every step of the way, being a great fa- or inadequate collection that occurred than we would be without them. I know ther, and all the while managing the so that the next products that are pre- sometimes the debate rages about committee’s authorization process, pared by good people can be the best whether intelligence is an appropriate crunching numbers, writing the report possible products. Please let us face thing for gentlemen to be discussing in language, negotiating with the execu- tough issues. a civilized society. Well, I can tell my tive branch and with the other body, Second of all, I want to make the colleagues we could not exist without and frankly, getting into mysteries in point that our oversight in this com- it. the intelligence community that I find mittee on a bipartisan basis requires The rank-and-file employees of the too complex to understand. He did all constructive criticism of the intel- intelligence community every day, as of this with energy, with fortitude and ligence community. We have done this the gentlewoman has said, protect the aplomb. He is the manifestation of the over the years. Last year, we issued a very liberties we cherish. They do it wonderful and professional staff which tough report. The Subcommittee on day in and day out; and as they go HPSCI is blessed with and is well Terrorism and Homeland Security, of about gathering the secrets and infor- served by. which I was ranking member and Mr. mation necessary for our policy-mak- I just wanted to say to Mike that he CHAMBLISS, who is now in the other ers to make the very tough decisions is appreciated not just for his legisla- body, was chairman, issued a tough re- they have to make, they incur a lot of tive talents but more so because he is port on some of the problems in intel- risk. The members of the HPSCI under- a good guy. He is a nice guy, a great fa- ligence leading up to 9/11. That report stand this pretty clearly. That is be- ther. His only purpose in serving was constructive criticism. Some of cause we have been out and about and HPSCI is actually to make America the recommendations we made have talking to them. We do travel a lot. We stronger, and this year when he had been heeded; some have not. Construc- go to the places that not everybody family duties, he understood those as tive criticism, asking tough questions wants to go to. We get into the issues well and met them. are things we properly should do. not everybody wants to fool around To his wife, Lois, and their family, Finally, let me suggest again to the with. Frankly, that is why it is easy to especially their son Brian, I thank intelligence community that it is im- leave partisanship outside the door of them for allowing him to work so hard portant to engage in dialogue with this the committee chamber. for us, and I am sorry we had to take

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.052 H20PT1 H11676 CONGRESSIONAL RECORD — HOUSE November 20, 2003 him away so much of the time. We are has moved over into other, less-traditional companies, and persons engaged in real es- better and the Nation is stronger be- sorts of financial-services businesses—even, tate transactions, among others. cause of him, and their pride in him is for example, to dealers in precious commod- The record of the Bush administration dem- very well deserved. We share that ities such as gold or diamonds. The USA PA- onstrates that this provision is a significant in- pride. TRIOT Act appropriately expanded the defini- trusion on our civil liberties that will not be Mike, for you, thank you for all your tion of ‘‘financial institution’’ to include these used to protect us from terrorism. In the days hard work in years past, this year espe- other financial-services businesses. This sec- after September 11, the administration de- cially. You made an extremely difficult tion establishes parity in the definition of ‘‘fi- manded from Congress expanded powers to year for you personally a successful nancial institution’’ between the PATRIOT Act root out terrorist activity. Congress granted year for the committee. You made it and the RFPA, allowing the judicious use of much of those powers in the form of the USA seem routine. We are all extremely administrative subpoenas in terror cases to re- PATRIOT Act, but the administration has yet happy to hear your son is on the mend flect this larger universe of businesses that to justify how it has used those powers to find and recently received more good news might be exploited. Here I must note my dis- the planners of the 2001 attacks or to thwart from the doctors. Our prayers for con- comfort that the conference report ignores the other, planned attacks. Instead, the adminis- tinuous good news are with you. You Financial Services Committee’s request that tration returns to Congress with requests for deserve our gratitude, and we express Section 374 include the right to injunctive relief more authorities, such as this one, in a grab it here now. as provided for in Section 1118 of the Right to for power. I also want to say that about a year Financial Privacy Act. For these reasons, I urge my colleagues to ago we were just packaging up the Section. 376 allows for the ‘‘in camera’’ re- vote ‘‘no’’ on this conference report. joint inquiry product. We had an exten- view of sensitive information that leads to im- Mr. KUCINICH. Mr. Speaker, I stand today sive effort with our colleagues in the position of ‘’special measures’’ isolating rogue strongly opposed to the Conference Report on other body to understand 9/11, what countries or banks, as defined under Sec. 311 H.R. 2417, the Intelligence Authorization Act went wrong. We came up with a good of the PATRIOT Act. Under the previous for FY 2004. report. It was a long one. I think it version of Sec 311, there is no ability to pro- Although the House of Representatives re- steered us in some directions that cor- tect this sensitive information should it be nec- cently voted in a bi-partisan and overwhelming rections have already been taken. It essary for the imposition of the ‘‘special meas- fashion to repeal Section 213 of the PATRIOT also created a follow-on commission, ures,’’ and that omission argues against use of Act, a provision that threatens Americans’ the national commission, which is at the powers as effectively as we would like. For rights by allowing for ‘‘sneak and peak work now under the leadership of Gov- example, if the Central Intelligence Agency searches’’, it appears the administration is ernor Kean and former member Lee should have information that a bank were poised to move ahead with further actions that Hamilton, for whom we have great ad- doing business with a terrorist, it quite possibly endanger civil liberties by slipping an ex- miration. I think that I should point would be counterproductive to expose the panded PATRIOT Act power in the Intel- out to the people in the United States CIA’s sources and methods to indict individ- ligence Conference Report. of America that we are part of the re- uals or shut down the bank, but the Treasury’s The hidden measure would significantly ex- view they are doing. We have invited ‘‘special measures’’ under Sec. 311 could ef- pand the FBI’s power to acquire financial them to conduct oversight of how we fectively isolate the bank if the sensitive infor- records without judicial oversight from car do oversight. So the American people mation could be used ‘‘in camera.’’ This sec- dealers, pawnbrokers, travel agencies, and can be reassured that there is oversight tion merely provides protection of that sen- many other businesses. Traditional financial of the intelligence community, and sitive information that might be used to sup- institutions like banks and credit unions are al- some of the things we cannot talk port the imposition of those measures. ready subject to such demands, but this dra- about are indeed watched by others. Mr. Speaker, these three sections are all im- matic expansion of government authority will My time has come to an end. We have portant tools in the fight against terrorism, and mean that records created by average citizens had a good year. We look for a better I strongly support their inclusion. I regret that who purchase cars, plan vacations, or buy year ahead dealing with capabilities to Section 1118 was not reference in the report’s gifts will be subject to government seizure and make sure our country is safer. Section 374, and the Financial Services Com- analysis without the important requirements of Mr. OXLEY. Mr. Speaker, I rise in support of mittee reserves the right to address that issue probable cause or judicial review. the conference report for H.R. 2417, the Intel- later. Meanwhile, I support the conference re- This provision initially appeared in a leaked ligence Authorization Act for Fiscal Year 2004, port and ask for its immediate passage. draft of so-called ‘‘PATRIOT II’’, a proposal the and to note the Financial Services Commit- Mr. CONYERS. Mr. Speaker, I rise to state American public and Members on both sides tee’s interest in three sections of the report. All my opposition to a provision in this conference of the aisle in the House and Senate publicly of the sections seek to improve this country’s report that intrudes on our civil liberties and rejected. It is now clear the administration’s ability to fight the financing of terrorists, and I will do little, if anything, to protect us from ter- strategy is to pass PATRIOT II in separate wholeheartedly support them. rorism. pieces with little public debate and surrep- Section 105 of the report establishes an Of- I think it is important that law enforcement titiously attached to other legislation. This is fice of Intelligence and Analysis within the De- have the powers it needs to investigate acts of far from an appropriate or democratic way to partment of the Treasury, headed by an As- money laundering that are connected to ter- handle issues that affect the fundamental lib- sistant Secretary appointed by the President rorism and espionage, but we must ensure erties and freedoms of Americans. after consultation with the Director of Central those powers are reasonable and appro- I urge the administration and the Attorney Intelligence. Formation of the office is nec- priately crafted. Current law already gives the General to openly and honestly return to Con- essary because the Treasury’s Office of For- FBI the ability to obtain financial records from gress to discuss options that curtail, not ex- eign Assets Control and its Financial Crimes various financial institutions, which are defined pand, the PATRIOT Act to make it consistent Enforcement Network are essential tools in the as banks, savings and loans, thrifts, and credit with the United States Constitution. I also urge fight against the funding of terrorism, but today unions, with little or no judicial oversight. In my colleagues to vote against the Intelligence lack access to some ‘‘secure’’ information es- fact, the government can delay notification to Conference Report and this unnecessary and sential to that effort. Establishment of the of- a court that it has sought such records if it dangerous expansion of the government’s as- fice creates a secure channel for that informa- merely certifies in writing that it required emer- sault on civil liberties. tion to flow, as necessary, to FinCEN and gency access to the documents. Mr. GOSS. Mr. Speaker, I yield back OFAC, and for them to send back appropriate Now, the FBI is seeking investigative au- the balance of my time, and I move the information. thorities beyond what are necessary for ter- previous question on the conference re- Section 374 modernizes the definition of fi- rorism and intelligence investigations. Section port. nancial institutions that may be served admin- 374 of the conference report would give the The previous question was ordered. istrative subpoenas, as rigidly controlled by FBI even more unfettered authority by sub- The SPEAKER pro tempore. The the existing Right to Financial Privacy Act. jecting a broader group of ‘‘financial institu- question is on the conference report. When that Act was written, banks were really tions’’ to the FBI’s special investigative au- The question was taken; and the the only ‘‘financial Institutions’’ a terrorist might thorities. The FBI would be able to seek finan- Speaker pro tempore announced that have used to stash or transfer money. As our cial records not only from traditional financial the ayes appeared to have it. efforts to stamp out terror financing have be- institutions but also from pawnbrokers, travel Mr. GOSS. Mr. Speaker, on that I de- come more successful, a lot of that activity agencies, car dealers, boat sellers, telegraph mand the yeas and nays.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.053 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11677 The yeas and nays were ordered. motion to instruct on H.R. 1, by the Kennedy (MN) Napolitano Serrano Kennedy (RI) Neal (MA) Sessions The SPEAKER pro tempore. Pursu- yeas and nays; and Kildee Nethercutt Shadegg ant to clause 8 of rule XX and the motion to instruct on H.R. 2660, by Kilpatrick Neugebauer Shaw Chair’s prior announcement, further the yeas and nays. Kind Ney Shays proceedings on this question will be The first electronic vote will be con- King (IA) Northup Sherwood King (NY) Norwood Shimkus postponed. ducted as a 15-minute vote. Remaining Kingston Nussle Shuster f electronic votes will be conducted as 5- Kirk Oberstar Simmons minute votes. Kleczka Obey Simpson FURTHER MESSAGE FROM THE Kline Olver Skelton SENATE f Knollenberg Ortiz Slaughter Kolbe Osborne Smith (MI) A further message from the Senate FURTHER CONTINUING APPRO- LaHood Ose Smith (NJ) by Mr. Monahan, one of its clerks, an- PRIATIONS, FISCAL YEAR 2004 Lampson Otter Smith (TX) Langevin Owens Smith (WA) nounced that the Senate has passed The SPEAKER pro tempore. The Lantos Oxley Snyder without amendment a bill of the House pending business is the vote on the pas- Larsen (WA) Pallone Solis of the following title: sage of the joint resolution, H.J. Res. Larson (CT) Pascrell Souder Latham Pastor Spratt H.R. 3182. An act to reauthorize the adop- 78, on which the yeas and nays are or- LaTourette Payne Stark tion incentive payments program under part dered. Leach Pearce Stearns E of title IV of the Social Security Act, and The Clerk read the title of the joint Lee Pelosi Stenholm for other purposes. Levin Pence Strickland resolution. Lewis (CA) Peterson (MN) The message also announced that the Stupak The SPEAKER pro tempore. The Lewis (GA) Peterson (PA) Sweeney Senate insists upon its amendments to question is on the passage of the joint Lewis (KY) Petri Tancredo the bill (H.R. 1904) ‘‘An Act to improve Linder Pickering Tanner resolution. Lipinski Pitts the capacity of the Secretary of Agri- The vote was taken by electronic de- Tauscher LoBiondo Platts Tauzin Lofgren Pombo culture and the Secretary of the Inte- vice, and there were—yeas 410, nays 10, Taylor (MS) Lowey Pomeroy rior to plan and conduct hazardous not voting 14, as follows: Taylor (NC) Lucas (KY) Porter Terry fuels reduction projects on National [Roll No. 648] Lucas (OK) Portman Thomas Forest System lands and Bureau of Lynch Price (NC) YEAS—410 Thompson (CA) Majette Pryce (OH) Land Management lands aimed at pro- Thompson (MS) Abercrombie Chabot Gerlach Manzullo Putnam tecting communities, watersheds, and Thornberry Ackerman Chocola Gibbons Markey Quinn Tiahrt certain other at-risk lands from cata- Aderholt Clay Gilchrest Marshall Radanovich Tiberi strophic wildfire, to enhance efforts to Akin Clyburn Gillmor Matheson Rahall Tierney Alexander Coble Gingrey Matsui Ramstad protect watersheds and address threats Toomey Allen Cole Gonzalez McCarthy (MO) Rangel to forest and rangeland health, includ- Andrews Collins Goode McCarthy (NY) Regula Towns ing catastrophic wildfire, across the Baca Conyers Goodlatte McCollum Rehberg Turner (OH) landscape, and for other purposes,’’ dis- Bachus Cooper Gordon McCotter Renzi Turner (TX) Baird Costello Goss Udall (CO) agreed to by the House and agrees to McCrery Reyes Baker Cox Granger McDermott Reynolds Udall (NM) the conference asked by the House on Baldwin Cramer Graves McGovern Rodriguez Upton the disagreeing votes of the two Houses Ballance Crane Green (TX) McHugh Rogers (AL) Van Hollen Ballenger Crenshaw Green (WI) Velazquez thereon, and appoints Mr. COCHRAN, McInnis Rogers (KY) Barrett (SC) Crowley Greenwood McIntyre Rogers (MI) Visclosky Mr. MCCONNELL, Mr. CRAPO, Mr. Bartlett (MD) Culberson Grijalva McKeon Rohrabacher Vitter DOMENICI, Mr. HARKIN, Mr. LEAHY, and Barton (TX) Cummings Gutierrez McNulty Ros-Lehtinen Walden (OR) Mr. DASCHLE, to be the conferees on Bass Cunningham Gutknecht Meehan Ross Walsh Beauprez Davis (AL) Hall Wamp the part of the Senate. Meek (FL) Rothman Becerra Davis (CA) Harman Meeks (NY) Roybal-Allard Waters f Bell Davis (IL) Harris Menendez Royce Watson Bereuter Davis (TN) Hart Mica Rush Watt b 1300 Berkley Davis, Jo Ann Hastings (FL) Michaud Ryan (OH) Waxman Biggert Davis, Tom Hastings (WA) Millender- Ryan (WI) Weiner RECESS Bilirakis Deal (GA) Hayes McDonald Ryun (KS) Weldon (FL) Bishop (GA) DeGette Hayworth Miller (FL) Sabo Weldon (PA) The SPEAKER pro tempore (Mr. Bishop (NY) Delahunt Hefley Miller (MI) Sanchez, Linda Weller LATOURETTE). Pursuant to clause 12(a) Bishop (UT) DeLauro Hensarling Miller (NC) T. Wexler of rule I, the Chair declares the House Blumenauer DeLay Herger Miller, Gary Sanchez, Loretta Whitfield Blunt Deutsch Hill Mollohan Sanders Wicker in recess subject to the call of the Boehlert Diaz-Balart, L. Hinchey Moore Sandlin Wilson (NM) Chair. Boehner Diaz-Balart, M. Hinojosa Moran (KS) Saxton Wilson (SC) Accordingly (at 1 p.m.), the House Bonilla Dicks Hobson Moran (VA) Schakowsky Wolf Bonner Dingell Hoeffel stood in recess subject to the call of Murphy Schiff Woolsey Bono Doggett Hoekstra Murtha Schrock Wu the Chair. Boozman Dooley (CA) Holden Musgrave Scott (GA) Wynn Boswell Doolittle Holt f Myrick Scott (VA) Young (AK) Boucher Doyle Honda Nadler Sensenbrenner Young (FL) Boyd Dreier Hooley (OR) b 1335 Bradley (NH) Duncan Hostettler NAYS—10 AFTER RECESS Brady (PA) Dunn Houghton Berry Flake Kucinich Brady (TX) Edwards Hoyer Capuano Ford Miller, George The recess having expired, the House Brown (OH) Ehlers Hulshof DeFazio Jackson-Lee Paul Brown (SC) Emanuel Hunter Filner (TX) was called to order by the Speaker pro Brown, Corrine Emerson Hyde tempore (Mr. LATOURETTE) at 1 o’clock Brown-Waite, Engel Inslee NOT VOTING—14 and 35 minutes p.m. Ginny English Isakson Berman DeMint Nunes Burgess Eshoo Israel Blackburn Fletcher Ruppersberger f Burns Etheridge Issa Buyer Gephardt Sherman Burr Evans Istook ANNOUNCEMENT BY THE SPEAKER Cubin Kaptur Sullivan Burton (IN) Everett Jackson (IL) Davis (FL) Maloney PRO TEMPORE Calvert Farr Janklow Camp Fattah Jefferson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Pursu- Cannon Feeney Jenkins The SPEAKER pro tempore (Mr. ant to clause 8 of rule XX, proceedings Cantor Ferguson John Capito Foley Johnson (CT) LATOURETTE) (during the vote). Mem- will resume on questions previously bers are advised there are 2 minutes re- postponed. Votes will be taken in the Capps Forbes Johnson (IL) Cardin Fossella Johnson, E. B. maining in this vote. following order: Cardoza Frank (MA) Johnson, Sam Mr. TERRY changed his vote from House Joint Resolution 78, by the Carson (IN) Franks (AZ) Jones (NC) ‘‘nay’’ to ‘‘yea.’’ yeas and nays; Carson (OK) Frelinghuysen Jones (OH) Carter Frost Kanjorski b 1358 conference report on H.R. 2417, by the Case Gallegly Keller yeas and nays; Castle Garrett (NJ) Kelly So the joint resolution was passed.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.054 H20PT1 H11678 CONGRESSIONAL RECORD — HOUSE November 20, 2003 The result of the vote was announced McCotter Portman Smith (TX) NOT VOTING—7 McCrery Pryce (OH) Smith (WA) as above recorded. Buyer DeMint Sherman McHugh Putnam Snyder A motion to reconsider was laid on Cubin Fletcher McInnis Quinn Souder Davis (FL) Gephardt the table. McIntyre Radanovich Stenholm Mrs. BLACKBURN. Mr. Speaker, on rollcall McKeon Ramstad Sullivan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE No. 648, I was unavoidably detained. Had I Meeks (NY) Regula Sweeney The SPEAKER pro tempore (Mr. Menendez Rehberg Tancredo A OURETTE been present, I would have voted ‘‘yea.’’ Mica Renzi Tauscher L T ) (during the vote). Mem- Mr. RUPPERSBERGER. Mr. Speaker, on Miller (FL) Reyes Tauzin bers are advised there are 2 minutes re- November 20, 2003, I was attending the fu- Miller (MI) Reynolds Taylor (NC) maining in this vote. neral of my long time friend and one of my Miller, Gary Rodriguez Terry dearest colleagues, Maryland State Delegate Moran (KS) Rogers (AL) Thomas b 1415 Murphy Rogers (KY) Thornberry Howard P. Rawlings, chairman of the Mary- Musgrave Rogers (MI) Tiahrt Ms. JACKSON-LEE of Texas, Ms. land’s House Appropriations Committee. Be- Myrick Rohrabacher Tiberi MCCOLLUM, Ms. MCCARTHY of Mis- cause of the services, I was unable to make Nethercutt Ros-Lehtinen Toomey souri, Ms. BERKLEY, Messrs. KEN- rollcall vote 648. Neugebauer Royce Turner (OH) NEDY of Rhode Island, BAIRD, ACK- Ney Ruppersberger Turner (TX) If I were present, on rollcall vote 648, I Northup Ryan (WI) Upton ERMAN, JEFFERSON, OBEY, would have voted ‘‘yea.’’ Norwood Ryun (KS) Vitter HOEFFEL, Mrs. CAPPS, Messers. VAN Nunes Saxton Walden (OR) HOLLEN, WYNN, PENCE, THOMPSON f Nussle Schiff Walsh of Mississippi, PALLONE, LANGEVIN, Ortiz Schrock Weiner Ms. HOOLEY of Oregon, Mr. TANNER, CONFERENCE REPORT ON H.R. 2417, Osborne Scott (GA) Weldon (FL) INTELLIGENCE AUTHORIZATION Ose Sensenbrenner Weldon (PA) Ms. LORETTA SANCHEZ of California, ACT FOR FISCAL YEAR 2004 Oxley Sessions Weller Messrs. BISHOP of New York, JONES Pearce Shadegg Whitfield of North Carolina, MANZULLO, The SPEAKER pro tempore. The Pelosi Shaw Wicker LAMPSON, DINGELL, LEACH, pending business is the question of Peterson (MN) Shays Wilson (NM) HOLDEN, ROTHMAN, Ms. LINDA T. agreeing to the conference report on Peterson (PA) Sherwood Wilson (SC) SA´ NCHEZ of California, Messrs. KIND, the bill, H.R. 2417, on which the yeas Petri Shimkus Wolf BALLANCE, MCNULTY, JOHNSON of and nays are ordered. Pickering Shuster Wu Pitts Simmons Young (AK) Illinois, MATSUI, GREEN of Texas, The Clerk read the title of the bill. Platts Skelton Young (FL) TAYLOR of Mississippi, HILL, GON- The SPEAKER pro tempore. The Pomeroy Smith (MI) ZALEZ, COOPER, SANDLIN, CASE of question is on the conference report. Porter Smith (NJ) Hawaii, ROSS, PRICE of North Caro- This will be a 5-minute vote. NAYS—163 lina, MILLER of North Carolina, The vote was taken by electronic de- ETHERIDGE, Ms. ROYBAL-ALLARD, vice, and there were—yeas 264, nays Abercrombie Honda Olver Ackerman Hooley (OR) Otter Mr. SPRATT, Mr. MOORE and Mr. 163, not voting 7, as follows: Allen Inslee Owens BACA changed their vote from ‘‘yea’’ [Roll No. 649] Baca Jackson (IL) Pallone to ‘‘nay.’’ YEAS—264 Baird Jackson-Lee Pascrell Baldwin (TX) Pastor So the conference report was agreed Aderholt Cramer Harris Ballance Jefferson Paul to. Akin Crane Hart Bartlett (MD) Johnson (IL) Payne The result of the vote was announced Alexander Crenshaw Hastings (FL) Becerra Johnson, E. B. Pence Andrews Crowley Hastings (WA) as above recorded. Bell Jones (NC) Pombo Bachus Culberson Hayes A motion to reconsider was laid on Berkley Jones (OH) Price (NC) Baker Cunningham Hayworth the table. Ballenger Davis (AL) Hefley Berman Kanjorski Rahall Berry Kaptur Rangel Barrett (SC) Davis (CA) Hensarling f Barton (TX) Davis (TN) Herger Bishop (NY) Kennedy (RI) Ross Bass Davis, Jo Ann Hinojosa Blumenauer Kildee Rothman MOTION TO INSTRUCT CONFEREES Beauprez Davis, Tom Hobson Boucher Kilpatrick Roybal-Allard Bereuter Deal (GA) Hoekstra Brady (PA) Kind Rush ON H.R. 1, MEDICARE PRESCRIP- Biggert DeLay Holt Brown (OH) Kleczka Ryan (OH) TION DRUG AND MODERNIZA- Bilirakis Diaz-Balart, L. Hostettler Brown, Corrine Kucinich Sabo TION ACT OF 2003 Bishop (GA) Diaz-Balart, M. Houghton Capps Lampson Sanchez, Linda Bishop (UT) Dicks Hoyer Capuano Langevin T. The SPEAKER pro tempore. The un- Blackburn Dooley (CA) Hulshof Carson (IN) Larsen (WA) Sanchez, Loretta finished business is the question on the Blunt Doolittle Hunter Case Larson (CT) Sanders Boehlert Dreier Hyde motion to instruct conferees on H.R. 1. Clyburn Leach Sandlin The Clerk will designate the motion. Boehner Dunn Isakson Conyers Lee Schakowsky Bonilla Edwards Israel Cooper Levin Scott (VA) The Clerk designated the motion. Bonner Ehlers Issa Costello Lewis (GA) Serrano The SPEAKER pro tempore. The Bono Emerson Istook Cummings Lofgren Simpson Boozman English Janklow question is on the motion to instruct Boswell Eshoo Jenkins Davis (IL) Lucas (OK) Slaughter conferees offered by the gentlewoman DeFazio Lynch Solis Boyd Evans John from Oregon (Ms. HOOLEY) on which Bradley (NH) Everett Johnson (CT) DeGette Majette Spratt Brady (TX) Feeney Johnson, Sam Delahunt Maloney Stark the yeas and nays are ordered. Brown (SC) Ferguson Keller DeLauro Manzullo Stearns This will be a 5-minute vote. Brown-Waite, Foley Kelly Deutsch Markey Strickland The vote was taken by electronic de- Ginny Forbes Kennedy (MN) Dingell Matsui Stupak vice, and there were—yeas 201, nays Burgess Fossella King (IA) Doggett McCarthy (MO) Tanner Burns Franks (AZ) King (NY) Doyle McCollum Taylor (MS) 222, not voting 11, as follows: Burr Frelinghuysen Kingston Duncan McDermott Thompson (CA) [Roll No. 650] Burton (IN) Frost Kirk Emanuel McGovern Thompson (MS) YEAS—201 Calvert Gallegly Kline Engel McNulty Tierney Camp Garrett (NJ) Knollenberg Etheridge Meehan Towns Abercrombie Blumenauer Conyers Cannon Gerlach Kolbe Farr Meek (FL) Udall (CO) Ackerman Boehlert Cooper Cantor Gibbons LaHood Fattah Michaud Udall (NM) Alexander Boswell Costello Capito Gilchrest Lantos Allen Boucher Cramer Filner Millender- Van Hollen Cardin Gillmor Latham Andrews Boyd Crowley Flake McDonald Velazquez Cardoza Gingrey LaTourette Baca Brady (PA) Cummings Ford Miller (NC) Visclosky Carson (OK) Goode Lewis (CA) Baird Brown (OH) Davis (AL) Carter Goodlatte Lewis (KY) Frank (MA) Miller, George Wamp Baldwin Capps Davis (CA) Castle Goss Linder Gonzalez Mollohan Waters Ballance Capuano Davis (TN) Chabot Granger Lipinski Gordon Moore Watson Becerra Cardin DeFazio Chocola Graves LoBiondo Green (TX) Moran (VA) Watt Bell Cardoza DeGette Clay Green (WI) Lowey Grijalva Murtha Waxman Berkley Carson (IN) Delahunt Coble Greenwood Lucas (KY) Gutierrez Nadler Wexler Berman Carson (OK) DeLauro Cole Gutknecht Marshall Hill Napolitano Woolsey Berry Case Deutsch Collins Hall Matheson Hinchey Neal (MA) Wynn Bishop (GA) Clay Dicks Cox Harman McCarthy (NY) Hoeffel Oberstar Bishop (NY) Clyburn Dingell Holden Obey

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.057 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11679 Doggett Larson (CT) Rahall Moran (KS) Radanovich Stearns Beauprez Gillmor McGovern Dooley (CA) Leach Rangel Murphy Ramstad Sullivan Becerra Gingrey McHugh Doyle Lee Reyes Musgrave Regula Sweeney Bell Gonzalez McInnis Edwards Levin Rodriguez Myrick Rehberg Tancredo Bereuter Goode McIntyre Emanuel Lewis (GA) Ross Nethercutt Renzi Tauzin Berkley Goodlatte McKeon Engel Lipinski Rothman Neugebauer Reynolds Taylor (NC) Berman Gordon McNulty Eshoo Lofgren Roybal-Allard Ney Rogers (AL) Terry Berry Granger Meehan Etheridge Lowey Ruppersberger Northup Rogers (KY) Thomas Bilirakis Graves Meek (FL) Norwood Rogers (MI) Evans Lucas (KY) Rush Thornberry Bishop (GA) Green (TX) Meeks (NY) Farr Lynch Ryan (OH) Nunes Rohrabacher Tiahrt Bishop (NY) Green (WI) Menendez Fattah Majette Sabo Nussle Ros-Lehtinen Bishop (UT) Greenwood Mica Tiberi Filner Maloney Sanchez, Linda Osborne Royce Blumenauer Grijalva Michaud Toomey Ford Markey T. Ose Ryan (WI) Blunt Gutierrez Millender- Turner (OH) Frank (MA) Marshall Sanchez, Loretta Otter Ryun (KS) Boehlert Gutknecht McDonald Upton Frost Matheson Sanders Oxley Saxton Boehner Hall Miller (FL) Gonzalez Matsui Sandlin Paul Schrock Vitter Bonilla Harman Miller (MI) Gordon McCarthy (MO) Schakowsky Pearce Sensenbrenner Walden (OR) Bono Harris Miller (NC) Green (TX) McCarthy (NY) Schiff Pence Sessions Walsh Boozman Hastings (FL) Miller, George Grijalva McCollum Scott (GA) Peterson (MN) Shadegg Wamp Boswell Hastings (WA) Mollohan Gutierrez McDermott Scott (VA) Peterson (PA) Shaw Weldon (FL) Boucher Hayes Moore Harman McGovern Serrano Petri Shays Weldon (PA) Boyd Hayworth Moran (KS) Hastings (FL) McHugh Skelton Pickering Sherwood Weller Bradley (NH) Hill Moran (VA) Hill McIntyre Smith (WA) Pitts Shimkus Whitfield Brady (PA) Hinchey Murphy Hinchey McNulty Snyder Platts Shuster Wicker Brady (TX) Hinojosa Murtha Hinojosa Meehan Solis Pombo Simmons Wilson (NM) Brown (OH) Hobson Myrick Hoeffel Meek (FL) Spratt Porter Simpson Wilson (SC) Brown (SC) Hoeffel Nadler Portman Holden Meeks (NY) Stark Smith (MI) Wolf Brown, Corrine Holden Napolitano Holt Menendez Stenholm Pryce (OH) Smith (NJ) Young (AK) Brown-Waite, Holt Neal (MA) Honda Michaud Strickland Putnam Smith (TX) Young (FL) Ginny Honda Nethercutt Hooley (OR) Millender- Stupak Quinn Souder Burns Hooley (OR) Neugebauer Hoyer McDonald Tanner NOT VOTING—11 Burr Houghton Ney Inslee Miller (NC) Tauscher Burton (IN) Hoyer Northup Israel Miller, George Taylor (MS) Baker Davis (IL) Herger Calvert Hulshof Norwood Jackson (IL) Mollohan Thompson (CA) Buyer DeMint Sherman Camp Inslee Nussle Jackson-Lee Moore Thompson (MS) Cubin Fletcher Slaughter Capito Isakson Oberstar (TX) Moran (VA) Tierney Davis (FL) Gephardt Capps Israel Obey Jefferson Murtha Towns Capuano Issa Olver John Nadler Turner (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardin Istook Ortiz Johnson, E. B. Napolitano Udall (CO) The SPEAKER pro tempore (Mr. Cardoza Jackson (IL) Osborne Jones (OH) Neal (MA) Udall (NM) TERRY) (during the vote). Members are Carson (IN) Jackson-Lee Ose Kanjorski Oberstar Van Hollen Carter (TX) Otter Kaptur Obey Velazquez advised there are 2 minutes remaining Case Janklow Owens Kennedy (RI) Olver Visclosky in this vote. Castle Jefferson Pallone Kildee Ortiz Waters Chabot Jenkins Pascrell Kilpatrick Owens Watson b 1423 Chocola John Pastor Kind Pallone Watt Clay Johnson (CT) Payne Kleczka Pascrell Waxman Mr. ROYCE changed his vote from Clyburn Johnson (IL) Pearce Kucinich Pastor Weiner ‘‘yea’’ to ‘‘nay.’’ Lampson Payne Wexler Cole Johnson, E. B. Pelosi Langevin Pelosi Woolsey So the motion to instruct was re- Conyers Jones (OH) Peterson (MN) Lantos Pomeroy Wu jected. Cooper Kanjorski Peterson (PA) Larsen (WA) Price (NC) Wynn The result of the vote was announced Costello Kaptur Petri Cox Keller Pickering as above recorded. NAYS—222 Cramer Kelly Platts A motion to reconsider was laid on Crenshaw Kennedy (MN) Pombo Aderholt Culberson Hefley the table. Crowley Kennedy (RI) Porter Akin Cunningham Hensarling Cummings Kildee Portman Bachus Davis, Jo Ann Hobson Stated for: Cunningham Kilpatrick Price (NC) Ballenger Davis, Tom Hoekstra Ms. SLAUGHTER. Mr. Speaker, I was un- Davis (AL) Kind Pryce (OH) Barrett (SC) Deal (GA) Hostettler able to be present for rollcall vote 650. Had I Davis (CA) King (NY) Putnam Bartlett (MD) DeLay Houghton Davis (TN) Kirk Quinn Barton (TX) Diaz-Balart, L. Hulshof been present, I would have voted ‘‘yea’’ on Davis, Jo Ann Kleczka Rahall Bass Diaz-Balart, M. Hunter rollcall vote 650. Davis, Tom Kline Ramstad Beauprez Doolittle Hyde Deal (GA) Knollenberg Rangel Bereuter Dreier Isakson f DeFazio Kolbe Regula Biggert Duncan Issa DeGette Kucinich Rehberg Bilirakis Dunn Istook MOTION TO INSTRUCT CONFEREES Delahunt LaHood Renzi Bishop (UT) Ehlers Janklow ON H.R. 2660, DEPARTMENTS OF DeLauro Lampson Reyes Blackburn Emerson Jenkins LABOR, HEALTH AND HUMAN Deutsch Langevin Reynolds Blunt English Johnson (CT) Diaz-Balart, L. Lantos Rodriguez Boehner Everett Johnson (IL) SERVICES, AND EDUCATION, AND Dicks Larsen (WA) Rogers (AL) Bonilla Feeney Johnson, Sam RELATED AGENCIES APPROPRIA- Dingell Larson (CT) Rogers (KY) Bonner Ferguson Jones (NC) TIONS ACT, 2004 Doggett Latham Rogers (MI) Bono Flake Keller Dooley (CA) LaTourette Ros-Lehtinen Boozman Foley Kelly The SPEAKER pro tempore. The un- Doyle Leach Ross Bradley (NH) Forbes Kennedy (MN) finished business is the question on the Dunn Lee Rothman Brady (TX) Fossella King (IA) Edwards Levin Roybal-Allard Brown (SC) Franks (AZ) King (NY) motion to instruct conferees on H.R. Ehlers Lewis (CA) Royce Brown, Corrine Frelinghuysen Kingston 2660. Emanuel Lewis (GA) Ruppersberger Brown-Waite, Gallegly Kirk The Clerk will designate the motion. Emerson Lewis (KY) Rush Ginny Garrett (NJ) Kline The Clerk designated the motion. Engel Lipinski Ryan (OH) Burgess Gerlach Knollenberg English LoBiondo Ryan (WI) Burns Gibbons Kolbe The SPEAKER pro tempore. The Eshoo Lofgren Ryun (KS) Burr Gilchrest LaHood question is on the motion to instruct Etheridge Lowey Sabo Burton (IN) Gillmor Latham offered by the gentleman from Michi- Evans Lucas (KY) Sanchez, Linda Calvert Gingrey LaTourette Farr Lucas (OK) T. Camp Goode Lewis (CA) gan (Mr. KILDEE). Fattah Lynch Sanchez, Loretta Cannon Goodlatte Lewis (KY) This will be a 5-minute vote. Ferguson Majette Sanders Cantor Goss Linder The vote was taken by electronic de- Filner Maloney Sandlin Capito Granger LoBiondo vice, and there were—yeas 360, nays 64, Foley Manzullo Saxton Carter Graves Lucas (OK) Forbes Markey Schakowsky Castle Green (WI) Manzullo not voting 10, as follows: Ford Marshall Schiff Chabot Greenwood McCotter [Roll No. 651] Fossella Matheson Schrock Chocola Gutknecht McCrery Frank (MA) Matsui Scott (GA) Coble Hall McInnis YEAS—360 Frelinghuysen McCarthy (MO) Scott (VA) Cole Harris McKeon Abercrombie Allen Baldwin Frost McCarthy (NY) Serrano Collins Hart Mica Ackerman Andrews Ballance Gallegly McCollum Shaw Cox Hastings (WA) Miller (FL) Aderholt Baca Ballenger Gerlach McCotter Shays Crane Hayes Miller (MI) Akin Bachus Barrett (SC) Gibbons McCrery Sherwood Crenshaw Hayworth Miller, Gary Alexander Baird Bass Gilchrest McDermott Shuster

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.013 H20PT1 H11680 CONGRESSIONAL RECORD — HOUSE November 20, 2003 Simmons Tauzin Wamp S. 189 (10) ensuring that ethical, legal, environ- Simpson Taylor (MS) Waters Be it enacted by the Senate and House of Rep- mental, and other appropriate societal con- Skelton Terry Watson cerns, including the potential use of Slaughter Thompson (CA) resentatives of the United States of America in Watt Congress assembled, nanotechnology in enhancing human intel- Smith (NJ) Thompson (MS) Waxman Smith (TX) Tierney SECTION 1. SHORT TITLE. ligence and in developing artificial intel- Weiner ligence which exceeds human capacity, are Smith (WA) Towns Weldon (PA) This Act may be cited as the ‘‘21st Century considered during the development of Snyder Turner (OH) Weller Nanotechnology Research and Development Solis Turner (TX) Wexler Act’’. nanotechnology by— Spratt Udall (CO) Whitfield SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM. (A) establishing a research program to Stark Udall (NM) Wicker (a) NATIONAL NANOTECHNOLOGY PROGRAM.— identify ethical, legal, environmental, and Stenholm Upton other appropriate societal concerns related Strickland Van Hollen Wilson (NM) The President shall implement a National Stupak Velazquez Wolf Nanotechnology Program. Through appro- to nanotechnology, and ensuring that the re- Sullivan Visclosky Woolsey priate agencies, councils, and the National sults of such research are widely dissemi- Sweeney Vitter Wu Nanotechnology Coordination Office estab- nated; Tanner Walden (OR) Wynn lished in section 3, the Program shall— (B) requiring that interdisciplinary Tauscher Walsh (1) establish the goals, priorities, and nanotechnology research centers established under paragraph (4) include activities that NAYS—64 metrics for evaluation for Federal nanotechnology research, development, and address societal, ethical, and environmental Baker Garrett (NJ) Radanovich other activities; concerns; Bartlett (MD) Goss Rohrabacher (C) insofar as possible, integrating research Barton (TX) Hart Sensenbrenner (2) invest in Federal research and develop- Biggert Hefley ment programs in nanotechnology and re- on societal, ethical, and environmental con- Sessions cerns with nanotechnology research and de- Blackburn Hensarling Shadegg lated sciences to achieve those goals; and velopment, and ensuring that advances in Bonner Herger Shimkus (3) provide for interagency coordination of Burgess Hoekstra Smith (MI) Federal nanotechnology research, develop- nanotechnology bring about improvements Cannon Hostettler Souder ment, and other activities undertaken pursu- in quality of life for all Americans; and Cantor Hunter Stearns ant to the Program. (D) providing, through the National Coble Hyde Tancredo (b) PROGRAM ACTIVITIES.—The activities of Nanotechnology Coordination Office estab- Collins Johnson, Sam Taylor (NC) lished in section 3, for public input and out- Crane Jones (NC) the Program shall include— Culberson King (IA) Thomas (1) developing a fundamental under- reach to be integrated into the Program by DeLay Kingston Thornberry standing of matter that enables control and the convening of regular and ongoing public Diaz-Balart, M. Linder Tiahrt manipulation at the nanoscale; discussions, through mechanisms such as Doolittle Miller, Gary Tiberi (2) providing grants to individual inves- citizens’ panels, consensus conferences, and Dreier Musgrave Toomey tigators and interdisciplinary teams of in- educational events, as appropriate; and Duncan Nunes Weldon (FL) vestigators; (11) encouraging research on Everett Oxley Wilson (SC) (3) establishing a network of advanced nanotechnology advances that utilize exist- Feeney Paul Young (AK) technology user facilities and centers; ing processes and technologies. Flake Pence Young (FL) (c) PROGRAM MANAGEMENT.—The National Franks (AZ) Pitts (4) establishing, on a merit-reviewed and competitive basis, interdisciplinary Science and Technology Council shall over- NOT VOTING—10 nanotechnology research centers, which see the planning, management, and coordina- Buyer Davis (IL) Pomeroy shall— tion of the Program. The Council, itself or Carson (OK) DeMint Sherman (A) interact and collaborate to foster the through an appropriate subgroup it des- Cubin Fletcher exchange of technical information and best ignates or establishes, shall— Davis (FL) Gephardt practices; (1) establish goals and priorities for the Program, based on national needs for a set of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (B) involve academic institutions or na- broad applications of nanotechnology; The SPEAKER pro tempore (during tional laboratories and other partners, which may include States and industry; (2) establish program component areas, the vote). Members are advised there (C) make use of existing expertise in with specific priorities and technical goals, are 2 minutes left in this vote. nanotechnology in their regions and nation- that reflect the goals and priorities estab- lished for the Program; b 1430 ally; (D) make use of ongoing research and de- (3) oversee interagency coordination of the Mr. TERRY changed his vote from velopment at the micrometer scale to sup- Program, including with the activities of the ‘‘nay’’ to ‘‘yea.’’ port their work in nanotechnology; and Defense Nanotechnology Research and De- So the motion to instruct was agreed (E) to the greatest extent possible, be es- velopment Program established under sec- to. tablished in geographically diverse loca- tion 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Pub- The result of the vote was announced tions, encourage the participation of Histori- cally Black Colleges and Universities that lic Law 107–314) and the National Institutes as above recorded. are part B institutions as defined in section of Health; A motion to reconsider was laid on 322(2) of the Higher Education Act of 1965 (20 (4) develop, within 12 months after the date the table. U.S.C. 1061(2)) and minority institutions (as of enactment of this Act, and update every 3 f defined in section 365(3) of that Act (20 U.S.C. years thereafter, a strategic plan to guide 1067k(3))), and include institutions located in the activities described under subsection (b), ANNOUNCEMENT BY THE SPEAKER States participating in the Experimental meet the goals, priorities, and anticipated PRO TEMPORE Program to Stimulate Competitive Research outcomes of the participating agencies, and The SPEAKER pro tempore (Mr. (EPSCoR); describe— (5) ensuring United States global leader- (A) how the Program will move results out TERRY). Pursuant to clause 8 of rule ship in the development and application of of the laboratory and into application for the XX, the Chair will postpone further nanotechnology; benefit of society; proceedings today on motions to sus- (6) advancing the United States produc- (B) the Program’s support for long-term pend the rules on which a recorded vote tivity and industrial competitiveness funding for interdisciplinary research and or the yeas and nays are ordered, or on through stable, consistent, and coordinated development in nanotechnology; and which the vote is objected to under investments in long-term scientific and engi- (C) the allocation of funding for inter- clause 6 of rule XX. neering research in nanotechnology; agency nanotechnology projects; Record votes on postponed questions (7) accelerating the deployment and appli- (5) propose a coordinated interagency cation of nanotechnology research and devel- budget for the Program to the Office of Man- will be taken later. opment in the private sector, including agement and Budget to ensure the mainte- f startup companies; nance of a balanced nanotechnology research 21ST CENTURY NANOTECHNOLOGY (8) encouraging interdisciplinary research, portfolio and an appropriate level of research and ensuring that processes for solicitation effort; RESEARCH AND DEVELOPMENT and evaluation of proposals under the Pro- (6) exchange information with academic, ACT gram encourage interdisciplinary projects industry, State and local government (in- Mr. BOEHLERT. Mr. Speaker, I move and collaborations; cluding State and regional nanotechnology to suspend the rules and pass the Sen- (9) providing effective education and train- programs), and other appropriate groups con- ate bill (S. 189) to authorize appropria- ing for researchers and professionals skilled ducting research on and using in the interdisciplinary perspectives nec- nanotechnology; tions for nanoscience, nanoengineering, essary for nanotechnology so that a true (7) develop a plan to utilize Federal pro- and nanotechnology research, and for interdisciplinary research culture for grams, such as the Small Business Innova- other purposes. nanoscale science, engineering, and tech- tion Research Program and the Small Busi- The Clerk read as follows: nology can emerge; ness Technology Transfer Research Program,

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in support of the activity stated in sub- (c) REPORT.—Within 90 days after the date members of the Advisory Panel who are offi- section (b)(7); of enactment of this Act, the Director of the cers or employees of the United States from (8) identify research areas that are not Office of Science and Technology Policy being allowed travel expenses, including per being adequately addressed by the agencies’ shall report to the Senate Committee on diem in lieu of subsistence, in accordance current research programs and address such Commerce, Science, and Transportation, and with existing law. research areas; the House of Representatives Committee on (f) EXEMPTION FROM SUNSET.—Section 14 of (9) encourage progress on Program activi- Science on the funding of the National the Federal Advisory Committee Act shall ties through the utilization of existing man- Nanotechnology Coordination Office. The re- not apply to the Advisory Panel. ufacturing facilities and industrial infra- port shall include— SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE structures such as, but not limited to, the (1) the amount of funding required to ade- NATIONAL NANOTECHNOLOGY PRO- employment of underutilized manufacturing quately fund the Office; GRAM. (a) IN GENERAL.—The Director of the Na- facilities in areas of high unemployment as (2) the adequacy of existing mechanisms to tional Nanotechnology Coordination Office production engineering and research fund this Office; and shall enter into an arrangement with the Na- testbeds; and (3) the actions taken by the Director to en- tional Research Council of the National (10) in carrying out its responsibilities sure stable funding of this Office. Academy of Sciences to conduct a triennial under paragraphs (1) through (9), take into SEC. 4. ADVISORY PANEL. evaluation of the Program, including— consideration the recommendations of the (a) IN GENERAL.—The President shall es- (1) an evaluation of the technical accom- Advisory Panel, suggestions or recommenda- tablish or designate a National plishments of the Program, including a re- tions developed pursuant to subsection Nanotechnology Advisory Panel. view of whether the Program has achieved (b)(10)(D), and the views of academic, State, (b) QUALIFICATIONS.—The Advisory Panel the goals under the metrics established by industry, and other appropriate groups con- established or designated by the President the Council; ducting research on and using under subsection (a) shall consist primarily (2) a review of the Program’s management nanotechnology. of members from academic institutions and and coordination across agencies and dis- (d) ANNUAL REPORT.—The Council shall industry. Members of the Advisory Panel ciplines; prepare an annual report, to be submitted to shall be qualified to provide advice and infor- (3) a review of the funding levels at each the Senate Committee on Commerce, mation on nanotechnology research, devel- agency for the Program’s activities and the Science, and Transportation and the House opment, demonstrations, education, tech- ability of each agency to achieve the Pro- of Representatives Committee on Science, nology transfer, commercial application, or gram’s stated goals with that funding; and other appropriate committees, at the societal and ethical concerns. In selecting or (4) an evaluation of the Program’s success time of the President’s budget request to designating an Advisory Panel, the President in transferring technology to the private sec- Congress, that includes— may also seek and give consideration to rec- tor; (1) the Program budget, for the current fis- ommendations from the Congress, industry, (5) an evaluation of whether the Program cal year, for each agency that participates in the scientific community (including the Na- has been successful in fostering interdiscipli- the Program, including a breakout of spend- tional Academy of Sciences, scientific pro- nary research and development; ing for the development and acquisition of fessional societies, and academia), the de- (6) an evaluation of the extent to which the research facilities and instrumentation, for fense community, State and local govern- Program has adequately considered ethical, each program component area, and for all ac- ments, regional nanotechnology programs, legal, environmental, and other appropriate tivities pursuant to subsection (b)(10); and other appropriate organizations. societal concerns; (2) the proposed Program budget for the (c) DUTIES.—The Advisory Panel shall ad- (7) recommendations for new or revised next fiscal year, for each agency that par- vise the President and the Council on mat- Program goals; ticipates in the Program, including a break- ters relating to the Program, including as- (8) recommendations for new research out of spending for the development and ac- sessing— areas, partnerships, coordination and man- quisition of research facilities and instru- (1) trends and developments in agement mechanisms, or programs to be es- mentation, for each program component nanotechnology science and engineering; tablished to achieve the Program’s stated area, and for all activities pursuant to sub- (2) progress made in implementing the Pro- goals; section (b)(10); gram; (9) recommendations on policy, program, (3) an analysis of the progress made toward (3) the need to revise the Program; and budget changes with respect to achieving the goals and priorities estab- (4) the balance among the components of nanotechnology research and development lished for the Program; the Program, including funding levels for the activities; (4) an analysis of the extent to which the program component areas; (10) recommendations for improved metrics Program has incorporated the recommenda- (5) whether the program component areas, to evaluate the success of the Program in ac- tions of the Advisory Panel; and priorities, and technical goals developed by complishing its stated goals; (5) an assessment of how Federal agencies the Council are helping to maintain United (11) a review of the performance of the Na- are implementing the plan described in sub- States leadership in nanotechnology; tional Nanotechnology Coordination Office section (c)(7), and a description of the (6) the management, coordination, imple- and its efforts to promote access to and early amount of Small Business Innovative Re- mentation, and activities of the Program; application of the technologies, innovations, search and Small Business Technology and and expertise derived from Program activi- Transfer Research funds supporting the plan. (7) whether societal, ethical, legal, envi- ties to agency missions and systems across SEC. 3. PROGRAM COORDINATION. ronmental, and workforce concerns are ade- the Federal Government and to United States industry; (a) IN GENERAL.—The President shall es- quately addressed by the Program. (12) an analysis of the relative position of tablish a National Nanotechnology Coordina- (d) REPORTS.—The Advisory Panel shall re- tion Office, with a Director and full-time port, not less frequently than once every 2 the United States compared to other nations staff, which shall— fiscal years, to the President on its assess- with respect to nanotechnology research and (1) provide technical and administrative ments under subsection (c) and its rec- development, including the identification of support to the Council and the Advisory ommendations for ways to improve the Pro- any critical research areas where the United Panel; gram. The first report under this subsection States should be the world leader to best (2) serve as the point of contact on Federal shall be submitted within 1 year after the achieve the goals of the Program; and nanotechnology activities for government date of enactment of this Act. The Director (13) an analysis of the current impact of organizations, academia, industry, profes- of the Office of Science and Technology Pol- nanotechnology on the United States econ- sional societies, State nanotechnology pro- icy shall transmit a copy of each report omy and recommendations for increasing its grams, interested citizen groups, and others under this subsection to the Senate Com- future impact. (b) STUDY ON MOLECULAR SELF-ASSEM- to exchange technical and programmatic in- mittee on Commerce, Science, and Tech- BLY.—As part of the first triennial review formation; nology, the House of Representatives Com- conducted in accordance with subsection (a), (3) conduct public outreach, including dis- mittee on Science, and other appropriate the National Research Council shall conduct semination of findings and recommendations committees of the Congress. a one-time study to determine the technical of the Advisory Panel, as appropriate; and (e) TRAVEL EXPENSES OF NON-FEDERAL feasibility of molecular self-assembly for the (4) promote access to and early application MEMBERS.—Non-Federal members of the Ad- manufacture of materials and devices at the of the technologies, innovations, and exper- visory Panel, while attending meetings of molecular scale. tise derived from Program activities to agen- the Advisory Panel or while otherwise serv- (c) STUDY ON THE RESPONSIBLE DEVELOP- cy missions and systems across the Federal ing at the request of the head of the Advi- MENT OF NANOTECHNOLOGY.—As part of the Government, and to United States industry, sory Panel away from their homes or regular first triennial review conducted in accord- including startup companies. places of business, may be allowed travel ex- ance with subsection (a), the National Re- (b) FUNDING.—The National penses, including per diem in lieu of subsist- search Council shall conduct a one-time Nanotechnology Coordination Office shall be ence, as authorized by section 5703 of title 5, study to assess the need for standards, guide- funded through interagency funding in ac- United States Code, for individuals in the lines, or strategies for ensuring the respon- cordance with section 631 of Public Law 108– government serving without pay. Nothing in sible development of nanotechnolgy, includ- 7. this subsection shall be construed to prohibit ing, but not limited to—

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(1) self-replicating nanoscale machines or (b) CLEARINGHOUSE.—The Secretary of establishing the Centers described in this devices; Commerce or his designee, in consultation section; and (2) the release of such machines in natural with the National Nanotechnology Coordina- (2) within 18 months after the date of en- environments; tion Office and, to the extent possible, uti- actment of this Act, a report describing how (3) encryption; lizing resources at the National Technical the Centers described in this section have (4) the development of defensive tech- Information Service, shall establish a clear- been established. nologies; inghouse of information related to commer- SEC. 10. DEFINITIONS. (5) the use of nanotechnology in the en- cialization of nanotechnology research, in- In this Act: hancement of human intelligence; and cluding information relating to activities by (1) ADVISORY PANEL.—The term ‘‘Advisory (6) the use of nanotechnology in developing regional, State, and local commercial Panel’’ means the President’s National artificial intelligence. nanotechnology initiatives; transition of re- Nanotechnology Advisory Panel established (d) EVALUATION TO BE TRANSMITTED TO CON- search, technologies, and concepts from Fed- or designated under section 4. GRESS.—The Director of the National eral nanotechnology research and develop- (2) NANOTECHNOLOGY.—The term Nanotechnology Coordination Office shall ment programs into commercial and mili- ‘‘nanotechnology’’ means the science and transmit the results of any evaluation for tary products; best practices by government, technology that will enable one to under- which it made arrangements under sub- universities and private sector laboratories stand, measure, manipulate, and manufac- section (a) to the Advisory Panel, the Senate transitioning technology to commercial use; ture at the atomic, molecular, and Committee on Commerce, Science, and examples of ways to overcome barriers and supramolecular levels, aimed at creating ma- Transportation and the House of Representa- challenges to technology deployment; and terials, devices, and systems with fundamen- tives Committee on Science upon receipt. use of manufacturing infrastructure and tally new molecular organization, prop- The first such evaluation shall be trans- workforce. erties, and functions. mitted no later than June 10, 2005, with sub- SEC. 8. DEPARTMENT OF ENERGY PROGRAMS. (3) PROGRAM.—The term ‘‘Program’’ means sequent evaluations transmitted to the Com- (a) RESEARCH CONSORTIA.— the National Nanotechnology Program es- mittees every 3 years thereafter. (1) DEPARTMENT OF ENERGY PROGRAM.—The tablished under section 2. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Secretary of Energy shall establish a pro- (4) COUNCIL.—The term ‘‘Council’’ means (a) NATIONAL SCIENCE FOUNDATION.—There gram to support, on a merit-reviewed and the National Science and Technology Coun- are authorized to be appropriated to the Di- competitive basis, consortia to conduct cil or an appropriate subgroup designated by rector of the National Science Foundation to interdisciplinary nanotechnology research the Council under section 2(c). carry out the Director’s responsibilities and development designed to integrate newly (5) ADVANCED TECHNOLOGY USER FACILITY.— under this Act— developed nanotechnology and microfluidic The term ‘‘advanced technology user facil- (1) $385,000,000 for fiscal year 2005; tools with systems biology and molecular ity’’ means a nanotechnology research and (2) $424,000,000 for fiscal year 2006; imaging. development facility supported, in whole or (3) $449,000,000 for fiscal year 2007; and (2) AUTHORIZATION OF APPROPRIATIONS.—Of in part, by Federal funds that is open to all (4) $476,000,000 for fiscal year 2008. the sums authorized for the Department of United States researchers on a competitive, (b) DEPARTMENT OF ENERGY.—There are au- Energy under section 6(b), $25,000,000 shall be merit-reviewed basis. thorized to be appropriated to the Secretary used for each fiscal year 2005 through 2008 to (6) PROGRAM COMPONENT AREA.—The term of Energy to carry out the Secretary’s re- carry out this section. Of these amounts, not ‘‘program component area’’ means a major sponsibilities under this Act— less than $10,000,000 shall be provided to at subject area established under section 2(c)(2) (1) $317,000,000 for fiscal year 2005; least 1 consortium for each fiscal year. under which is grouped related individual (2) $347,000,000 for fiscal year 2006; (b) RESEARCH CENTERS AND MAJOR INSTRU- projects and activities carried out under the (3) $380,000,000 for fiscal year 2007; and MENTATION.—The Secretary of Energy shall Program. (4) $415,000,000 for fiscal year 2008. carry out projects to develop, plan, con- The SPEAKER pro tempore. Pursu- (c) NATIONAL AERONAUTICS AND SPACE AD- struct, acquire, operate, or support special ant to the rule, the gentleman from MINISTRATION.—There are authorized to be equipment, instrumentation, or facilities for appropriated to the Administrator of the Na- investigators conducting research and devel- New York (Mr. BOEHLERT) and the gen- tional Aeronautics and Space Administra- opment in nanotechnology. tleman from Texas (Mr. HALL) each tion to carry out the Administrator’s respon- SEC. 9. ADDITIONAL CENTERS. will control 20 minutes. sibilities under this Act— (a) AMERICAN NANOTECHNOLOGY PREPARED- The Chair recognizes the gentleman (1) $34,100,000 for fiscal year 2005; NESS CENTER.—The Program shall provide from New York (Mr. BOEHLERT). (2) $37,500,000 for fiscal year 2006; for the establishment, on a merit-reviewed GENERAL LEAVE (3) $40,000,000 for fiscal year 2007; and and competitive basis, of an American Mr. BOEHLERT. Mr. Speaker, I ask (4) $42,300,000 for fiscal year 2008. Nanotechnology Preparedness Center which unanimous consent that all Members (d) NATIONAL INSTITUTE OF STANDARDS AND shall— may have 5 legislative days within TECHNOLOGY.—There are authorized to be ap- (1) conduct, coordinate, collect, and dis- propriated to the Director of the National seminate studies on the societal, ethical, en- which to revise and extend their re- Institute of Standards and Technology to vironmental, educational, legal, and work- marks and include extraneous material carry out the Director’s responsibilities force implications of nanotechnology; and on S. 189. under this Act— (2) identify anticipated issues related to The SPEAKER pro tempore. Is there (1) $68,200,000 for fiscal year 2005; the responsible research, development, and objection to the request of the gen- (2) $75,000,000 for fiscal year 2006; application of nanotechnology, as well as tleman from New York? (3) $80,000,000 for fiscal year 2007; and provide recommendations for preventing or There was no objection. (4) $84,000,000 for fiscal year 2008. addressing such issues. Mr. BOEHLERT. Mr. Speaker, I yield (e) ENVIRONMENTAL PROTECTION AGENCY.— (b) CENTER FOR NANOMATERIALS MANUFAC- myself such time as I may consume. There are authorized to be appropriated to TURING.—The Program shall provide for the the Administrator of the Environmental establishment, on a merit reviewed and com- Mr. Speaker, I rise in support of Protection Agency to carry out the Adminis- petitive basis, of a center to— S.189, the Nanotechnology and Re- trator’s responsibilities under this Act— (1) encourage, conduct, coordinate, com- search Development Act. This bill (1) $5,500,000 for fiscal year 2005; mission, collect, and disseminate research on began its life in the House as H.R. 766, (2) $6,050,000 for fiscal year 2006; new manufacturing technologies for mate- which I introduced with my colleague, (3) $6,413,000 for fiscal year 2007; and rials, devices, and systems with new com- the gentleman from California (Mr. (4) $6,800,000 for fiscal year 2008. binations of characteristics, such as, but not HONDA) and which the House passed SEC. 7. DEPARTMENT OF COMMERCE PROGRAMS. limited to, strength, toughness, density, con- back in May by the overwhelming mar- (a) NIST PROGRAMS.—The Director of the ductivity, flame resistance, and membrane National Institute of Standards and Tech- separation characteristics; and gin of 405 to 19. nology shall— (2) develop mechanisms to transfer such The text before us today reflects 2 (1) as part of the Program activities under manufacturing technologies to United States months of negotiations with the Sen- section 2(b)(7), establish a program to con- industries. ate to come up with a final version of duct basic research on issues related to the (c) REPORTS.—The Council, through the Di- the bill. The Senate amended S. 189 development and manufacture of rector of the National Nanotechnology Co- with the text of that agreement, and it nanotechnology, including metrology; reli- ordination Office, shall submit to the Senate is that compromise we will be sending ability and quality assurance; processes con- Committee on Commerce, Science, and on to the President today. trol; and manufacturing best practices; and Transportation and the House of Representa- This bill is endorsed by a wide vari- (2) utilize the Manufacturing Extension tives Committee on Science— Partnership program to the extent possible (1) within 6 months after the date of enact- ety of high technology and academic to ensure that the research conducted under ment of this Act, a report identifying which organizations including the National paragraph (1) reaches small- and medium- agency shall be the lead agency and which Association of Manufacturers, the sized manufacturing companies. other agencies, if any, will be responsible for Semiconductor Industry Association,

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.018 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11683 Intel, IBM, Hewlett-Packard, and the I want to acknowledge the leadership The bill also includes provisions for Association of American Universities. of the chairman, the gentleman from outside, expert advice to help guide the The idea behind this bill is simple yet New York (Mr. BOEHLERT) and the gen- research program and ensure its rel- powerful. The American economy will tleman from California (Mr. HONDA) in evance to emerging technological op- grow bigger if America’s scientists and crafting the original version of the leg- portunities and to the industry. The engineers focus on things that are islation. I want to thank the gen- advisory committee required by the smaller. The U.S. is the leader in tleman from New York (Mr. BOEHLERT) bill is charged to review the goals, con- nanotechnology and New York under for working cooperatively day in and tent, implementation and administra- Governor Pataki is in the front ranks day with Democratic Members in de- tion of the nanotechnology initiative. of that world leadership. We must re- veloping the bill and arriving at the Mr. Speaker, we now stand at the main in the front as this new field final bicameral compromise. threshold of an age in which materials starts remaking the marketplace. I also want to thank my colleague, and devices can be fashioned atom by This bill has four salient aspects de- the gentleman from California (Mr. atom. The capability will have enor- signed to help ensure continued U.S. HONDA) for his hard work on the bill. mous consequences for the information leadership: It authorizes the Presi- His efforts have led to a strengthening industry, for manufacturing, and for dent’s National Nanotechnology Initia- of the outside advisory mechanism for medicine and health. Indeed, the scope tive; it emphasizes the need for broad this research and also led to a process of this technology is so broad as to interagency participation and stronger to help facilitate the transfer of re- leave virtually no product untouched. The measure before us will help en- interagency coordination, especially in search innovations to commercial ap- sure that the Nation maintains a vig- the presentation of program budgets; it plications. orous research effort in a technology underscores the need for interdiscipli- The potential reach and impact of area that is emerging as increasingly nary research and for shepherding re- nanotechnology argues for careful at- important for the economy and also for search from the laboratory to the mar- tention to how it might affect society, national security. It enjoys widespread ketplace; and it ensures that research and in particular, attention to poten- and public discussion on the societal support from the research community tial downsides of the technology. and industry. I urge my colleagues to and ethical consequences of nanotech- I believe it is important for the suc- nology will go on concurrent with, and support its final passage. cessful development of nanotechnology Mr. Speaker, I reserve the balance of as part of technology research and de- that problems be addressed from the velopment. my time. beginning in a straightforward and Mr. BOEHLERT. Mr. Speaker, I yield The nanotechnology program will be open way. a model of government, industry, uni- 3 minutes to the gentlewoman from Il- Consequently, I am pleased that the linois (Mrs. BIGGERT), the distinguished versity, cooperation, coordination and bill imposes requirements to provide interdisciplinary research with public chair of the Subcommittee on Energy. understanding of potential problems Mrs. BIGGERT. Mr. Speaker, I thank involvement. arising from the nanotechnology appli- I wanted to thank the many Members the gentleman for yielding me time. cations. I particularly want to com- Mr. Speaker, as an original cosponsor who helped contribute to this bill but pliment my colleague, the gentleman of H.R. 766, the Nanotechnology Re- particularly to my cosponsor, the gen- from California (Mr. SHERMAN) and my search and Development Act that was tleman from California (Mr. HONDA) colleague, the gentleman from Texas approved by the House last May, I rise and my partner, the ranking member, (Mr. BELL) for championing provisions to express my strong support for this the gentleman from Texas (Mr. HALL), to address this issue, including annual compromise legislation negotiated by as well as the chairman of our Sub- reporting requirements to allow Con- the House Committee on Science. committee on Research, the gentleman gress to track the agencies’ activities I want to commend the chairman of from Michigan (Mr. SMITH) and his the Committee on Science, the gen- ranking member, the gentlewoman that are related to societal and ethical concerns. tleman from New York (Mr. BOEHLERT) from Texas (Ms. EDDIE BERNICE JOHN- This annual report will include a de- for working with the Senate to develop SON). such a comprehensive and forward- Last but not least, I want to thank scription of the nature of the activities being supported and how the activities looking piece of legislation as S. 189, my staff who labored so long and hard the 21st Century Nanotechnology Re- on this bill and on the many hearings relate to the overall objectives of the research initiative. An important goal search and Development Act. on the subject. Peter Rooney, Dan Unlike so many other complex sci- Byers and Elizabeth Grossman deserve of the bill is to integrate research on societal and ethical concerns with re- entific concepts, nanotechnology is ac- special recognition, but the entire staff tually something that we should all be of the committee minority and major- search and development efforts to ad- vance nanotechnology. able to grasp. Most Americans learn in ity has been actively engaged. grade school and high school that Mr. Speaker, I reserve the balance of The bill also addresses the need to open lines of communication between atoms are the building blocks of na- my time. ture. In the years since I have been in the research community and the public Mr. HALL. Mr. Speaker, I yield my- school, incredible machines have al- to make clear that potential safety self such time as I may consume. lowed to us see every one of those risks of nanotechnology are being ex- Mr. Speaker, I, of course, rise in sup- atoms. port of the Nanotechnology Research plored and not ignored. The challenge now is to develop the and Development Act, Senate 189, I want to especially acknowledge the tools, equipment and expertise to ma- which as the chairman has so ably set efforts of my colleague, the gentle- nipulate those atoms, and build new forth, authorizes the National Nano- woman from Texas (Ms. EDDIE BERNICE materials and new machines, one mol- technology Initiative as part of the JOHNSON) who introduced provisions ecule at a time. President’s budget request. This inter- that will provide for input from and This bill takes up that challenge, en- agency research program is going to outreach to the public from such mech- suring coordination and collaboration have enormous consequences for the fu- anisms as citizen panels and consensus among the many Federal agencies en- ture of our entire Nation. conferences. gaged in nanotech research. Unlike S. 189 is a compromise measure Senate 189 authorizes appropriations other research efforts, some of which worked out with the other body. It is over 4 years for nanotechnology re- are undertaken for the sake of science largely based on H.R. 766 which passed search and development at five agen- and our understanding of it, the broad the House in May by a vote of 405 to 19. cies: The National Science Foundation, and practical applications of nanotech- The bipartisan House bill was intro- the Department of Energy, NASA, Na- nology, and its benefits, can be de- duced by Committee on Science chair- tional Institute of Standards and Tech- scribed in layman’s terms. man, the gentleman from New York nology, and EPA. In addition to setting Here are just a few benefits: Sensing (Mr. BOEHLERT) and the gentleman funding goals, the bill puts in place the presence of unwanted pathogens in from California (Mr. HONDA) and co- mechanisms for planning and coordi- blood; improving the efficiency of elec- sponsored by Members from both sides nating and implementation of the tricity distribution; dispensing medica- of the aisle. interagency research program. tions; cleaning polluted soil and water,

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.068 H20PT1 H11684 CONGRESSIONAL RECORD — HOUSE November 20, 2003 or building the next generation of when we voted on H.R. 766 back in May. and that means having our standard of space craft. This amendment, under program ‘‘ac- living above everybody else, then we I do not think I am being overly opti- tivities on societal and ethical con- are going to have to take advantage of mistic. Just consider how far we have cerns,’’ requires public input and out- this kind of technology that can im- come since the creation of the first reach to the public to be integrated prove the way we produce products, but microchip. Sixty percent of Americans into the program through regular and also improve those products that we now own a personal computer or a ongoing public discussions, including are selling and allow us to be competi- laptop, and 90 percent of them use the citizens panels, consensus conferences, tive on a world market. Internet. The public, private, and non- and educational events. In conclusion, I would hope every- profit sectors invested in research that The views of the general public, who body would unanimously not only sup- reduced the size of the microchip while will bear the brunt of the con- port this bill but the kind of funding increasing its speeds exponentially. sequences, both good and bad, should that is necessary to make sure that the This investment was made because have input in the planning and execu- United States stays on top in the applications were many and the tion of the research program. Tax- nanoresearch. possibilities endless. After all, payers are paying for development of I thank the chairman for yielding me microchips are now found in cars, pace- this technology. They have a right to the time. makers, watches, sewing machines, and have a voice in the research agenda. Mr. HALL. Mr. Speaker, I yield 4 just about every household appliance. I agree with that assessment that minutes to the gentleman from Cali- With all its potential applications, nanotechnology is one of the most fornia (Mr. HONDA), who is an original nanotechnology could have an equal, if promising and exciting fields of science Democratic cosponsor of the House not greater, impact than the microchip today. bill. on our lives, our wealth, our health and I am proud to be a cosponsor of this (Mr. HONDA asked and was given safety, our environment, and our secu- legislation and proud to say that I be- permission to revise and extend his re- rity at home and abroad. lieve that the area which I represent marks.) Mr. HONDA. Mr. Speaker, I rise in All levels of government, academia, will have some leading research in this support of S. 189, the 21st Century and the industry recognize the poten- area, with Nobel laureates. As I vote Nanotechnology Research and Develop- tial of nanotechnology, as well as the for its approval, I would urge my col- ment Act. I thank the distinguished benefits of collaborating to realize that leagues to do the same. leaders of the Committee on Science, potential. Nanotechnology could very Mr. BOEHLERT. Mr. Speaker, I yield the gentleman from New York (Chair- well be the catalyst for national com- 3 minutes to the distinguished gen- man BOEHLERT) and the gentleman petitiveness for the next 50 years. In tleman from Michigan (Mr. SMITH), the from Texas (Ranking Member HALL) countless ways, our lives will be better chairman of the Subcommittee on Re- for working with me on the House as a result of coordinated investment search. version of this bipartisan bill, as well in nanoscience R&D. Mr. SMITH of Michigan. Mr. Speak- as Senators ALLEN and WYDEN for their I urge my colleagues to join me in er, first, let me compliment the gen- leadership on the Senate version of this supporting this nanotechnology re- tleman from California (Mr. HONDA) search and development legislation. legislation. and the chairman for introducing this I would also like to thank my per- Mr. HALL. Mr. Speaker, I yield 3 legislation. Nanotechnology is the minutes to the gentlewoman from sonal staff and the committee staff for science of the very small, and I all their hard work in ironing out the Texas (Ms. EDDIE BERNICE JOHNSON), thought I might use a visual aid today. the ranking member on Subcommittee differences with the other body that So if my colleagues would take a hair has allowed us to get to where we are on Research. out of their heads and pretend that it Ms. EDDIE BERNICE JOHNSON of today on this important legislation. is hollow, they could fit 100,000 strands Texas. Mr. Speaker, I thank the leader- Nanotechnology, which is the ability of nano-technology inside that hollow ship of the committee and the sub- of scientists and engineers to manipu- hair. It is amazing technology. committee. I want to express my ap- late matter at the level of single atoms Nanotechnology is exciting to me be- preciation for the camaraderie of and molecules, can be revolutionary cause it has so much potential for the which we work together on the com- because it is an enabling technology future. Already today, computers and mittee. I rise together in support of S. and fundamentally changes the way disk drives contain nanotechnology. 189, the Nanotechnology Research and many items are designed and manufac- Soon, most computers and tele- Development Act. tured. Most Members of this body had The emerging fields of nanoscale communications hardware will be probably never heard of the word science, engineering and technology based on it. In the not-too-distant fu- ‘‘nanotechnology’’ before we first con- are leading to unprecedented under- ture, nanotechnology will begin to sidered legislation in May, but their standing and control over the basic transform biology, medicine, military support for the bill then and in the fol- building blocks of properties of all nat- systems, energy systems. lowing months suggests that they have Nanotechnology is poised to become ural and man-made things. come to appreciate the impact this the next great vehicle of growth for the field will have. b 1445 American economy; and like bio- The long-term, sometimes high-risk Nanotechnology has the potential for technology was 10, 12, 15 years ago, nature of the research that will be enormous consequences, both techno- nanotechnology has reached a critical needed to bring nanotechnology to ma- logical and societal. This technology growth stage. The 21st Century Re- turity requires the support of, and sig- could result in new materials with pre- search and Development Act intensifies nificant investment by, the Federal scribed properties not otherwise pos- Federal support for nanoresearch and Government. This bill provides three sible, information processing that far experimentation and will prove, I things. It puts the National Tech- exceeds our current capabilities, and think, critical to unlocking the tre- nology Initiative into law and author- medical devices that could provide rev- mendous potential that nanotech- izes $3.7 billion in spending over the olutionary advances in health care and nology presents. next 4 years for the program. dramatically increase our lifespan. In conclusion, let me just say that This investment in the future is crit- Nanotechnology has a great potential nanotechnology holds incredible prom- ical because experts agree that invest- for America’s leadership around the ise in a wide range of scientific dis- ing in innovation is the key to a vi- world. As America enters the 21st cen- ciplines; and while there are some brant U.S. manufacturing base and tury, it is important that we lead the nanotechnology products on the mar- continued generation of new jobs. world in developing and commer- ket today, the industry is very close to Nanotechnology is one of the areas of cializing new technologies and perhaps achieving several important break- innovation most worthy of investment, restore many of the jobs that we have throughs that include revolutionary as it has the potential to create en- lost. new applications in materials science, tirely new industries and radically I am very pleased that this bill in- in manufacturing. So if we are going to transform the basis of competition in cludes an amendment that I introduced stay competitive in the world market, others.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20NO7.070 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11685 The bill also contains a number of nanotechnology will positively impact turing. Indeed, a great deal of much other provisions to make improve- the global market by approximately $1 important research involving ments in our national technology ini- trillion. This bill will ensure that the nanotechnology is being done right tiative. It requires the creation of re- United States continues to be a leader now at NASA Ames Research Park in search centers, education training ef- in nanotechnology research. California. forts, research into the societal and This bill is especially important to Mr. Speaker, I would like to take ethical consequence of my academic institutions in my dis- this opportunity to remind us all of the nanotechnology, and efforts to transfer trict, especially the University of importance of supporting scientific re- technology into the marketplace. Im- North Texas. Mr. Speaker, as the rank- search and its interaction with our so- portantly, the bill includes a series of ing member knows, everything is big- ciety and our economy. With that in coordination offices, advisory commit- ger in Texas unless it is better to be mind, Mr. Speaker, S. 189 is an impor- tees and regular programming to en- smaller, in which case everything is tant first step that will ensure that the sure that taxpayer money is being smaller in Texas. United States will continue to play a spent wisely and efficiently. Beginning last fall, the University of pioneering role in the area of This is an excellent bill that I am North Texas began laboratory renova- nanotechnology and its revolutionary proud to have had the chance to work tion and equipment purchases for the potential to transform the manufac- on, and I urge my colleagues to support Department of Material Science, in- turing sector in our Nation, not to it. cluding research space for their Lab- mention energy, health care, and areas Once again, let me again repeat my oratory for Electronic Materials and that we can only dream of today. gratitude and thanks to the leadership Devices and the establishment of a of the gentleman from New York (Mr. I congratulate the gentleman from nanometrology laboratory, the first in New York (Mr. BOEHLERT) and my Bay BOEHLERT), our chairman, and the gen- the Nation. tleman from Texas (Mr. HALL), our Area colleague, the gentleman from This center, the Center for Advanced California (Mr. HONDA), for their bipar- ranking member. Research and Technology, is a unique Mr. BOEHLERT. Mr. Speaker, let me tisan efforts in drafting and perfecting collaboration between academic and say I want to thank the gentleman and passing H.R. 766 in the House corporate partners in the north Texas from California (Mr. HONDA) for his which in large part forms the basis of area, designed to develop new partnership, and it has been a coopera- this bill that we are about to pass. nanotechnology applications. The de- tive effort; and all of the efforts on the The future benefits of research in velopment of the nanometrology lab- Committee on Science reflect that co- nanotechnology, fusion energy, and oratory will provide remote access by operation. other types of research depend on us researchers throughout the United Mr. Speaker, it is my pleasure to acting with great foresight. S. 189 rep- States through state-of-the-art mate- yield 3 minutes to the distinguished resents a great first step on that path; rials characterization. gentleman from Texas (Mr. BURGESS), and as my colleague, the gentleman These facility and research capabili- who has been a real leader for our side from California (Mr. HONDA), said re- ties are important to the future com- on this issue of nanotechnology. cently at a nanotechnology conference Mr. BURGESS. Mr. Speaker, I thank petitiveness and the value of American that he helped organize at NASA Ames my chairman for yielding me time. materials worldwide, and this bill will Research Park, nanotechnology is the It is indeed a pleasure to be here this help further those developments. next big thing. This comprehensive approach taken afternoon to support Senate bill 189, Mr. HALL. Mr. Speaker, I have no by Senate bill 189 to raise the profile of the 21st Century National further requests for time, and I yield nanometrology and nanotechnology Nanotechnology Research and Develop- back the balance of my time. among the general public and increased ment Act. Mr. BOEHLERT. Mr. Speaker, I have Nanotechnology is a very promising resources for academic institutions no further requests for time; but before future technology. From materials to will ensure that our country, America, I yield back, I urge everyone to take computers, medicine, defense, energy, is the leader in this field for years to the enlightened approach and support the possibilities are limitless. We are come. this very important initiative. I yield moving from an age of miniaturization Mr. HALL. Mr. Speaker, I yield 3 back the balance of my time. to an age of self-replication. minutes to the gentlewoman from Cali- The House overwhelmingly approved fornia (Ms. LOFGREN), a long-time lead- The SPEAKER pro tempore (Mr. this bill’s companion, H.R. 766, and I er in high-tech issues from the Silicon TERRY). The question is on the motion am hopeful that the House will once Valley. offered by the gentleman from New again make a bipartisan commitment Ms. LOFGREN. Mr. Speaker, I am York (Mr. BOEHLERT) that the House to increasing resources for happy to strongly support S. 189, the suspend the rules and pass the Senate nanotechnology research and develop- 21st Century Nanotechnology Research bill, S. 189. ment. The development of and Development Act. The question was taken; and (two- nanotechnology is not only important I represent, as the gentleman from thirds having voted in favor thereof) to my corner of the country but for Texas (Mr. HALL) just said, an area, the rules were suspended and the Sen- every human on the planet. Silicon Valley, that often leads this ate bill was passed. The National Science Foundation es- Nation in fostering cutting-edge re- A motion to reconsider was laid on timates that in a little over a decade search in technology and in manufac- the table.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 8633 E:\CR\FM\K20NO7.072 H20PT1 H11686 CONGRESSIONAL RECORD — HOUSE November 20, 2003 CONFERENCE REPORT ON H.R. 1904, Sec. 402. Definitions. That Are at High Risk From Wildfire’’ issued by HEALTHY FORESTS RESTORA- Sec. 403. Accelerated information gathering re- the Secretary of Agriculture and the Secretary TION ACT OF 2003 garding forest-damaging insects. of the Interior in accordance with title IV of the Sec. 404. Applied silvicultural assessments. Department of the Interior and Related Agen- Mr. GOODLATTE (during debate on Sec. 405. Relation to other laws. cies Appropriations Act, 2001 (114 Stat. 1009) (66 the Inslee motion to instruct conferees Sec. 406. Authorization of appropriations. Fed. Reg. 753, January 4, 2001); or on H.R. 1) submitted the following con- TITLE V—HEALTHY FORESTS RESERVE (ii) a group of homes and other structures ference report and statement on the PROGRAM with basic infrastructure and services (such as bill (H.R. 1904) to improve the capacity Sec. 501. Establishment of healthy forests re- utilities and collectively maintained transpor- of the Secretary of Agriculture and the serve program. tation routes) within or adjacent to Federal Sec. 502. Eligibility and enrollment of lands in land; Secretary of the Interior to plan and (B) in which conditions are conducive to a conduct hazardous fuels reduction program. Sec. 503. Restoration plans. large-scale wildland fire disturbance event; and projects on National Forest System Sec. 504. Financial assistance. (C) for which a significant threat to human lands and Bureau of Land Management Sec. 505. Technical assistance. life or property exists as a result of a wildland lands aimed at protecting commu- Sec. 506. Protections and measures fire disturbance event. nities, watersheds, and certain other Sec. 507. Involvement by other agencies and or- (2) AUTHORIZED HAZARDOUS FUEL REDUCTION at-risk lands from catastrophic wild- ganizations. PROJECT.—The term ‘‘authorized hazardous fuel Sec. 508. Authorization of appropriations. reduction project’’ means the measures and fire, to enhance efforts to protect wa- methods described in the definition of ‘‘appro- TITLE VI—MISCELLANEOUS tersheds and address threats to forest priate tools’’ contained in the glossary of the and rangeland health, including cata- Sec. 601. Forest stands inventory and moni- Implementation Plan, on Federal land described strophic wildfire, across the landscape, toring program to improve detec- in section 102(a) and conducted under sections and for other purposes: tion of and response to environ- 103 and 104. mental threats. OMMUNITY WILDFIRE PROTECTION PLAN CONFERENCE REPORT (H. REPT. 108–386) (3) C .— SEC. 2. PURPOSES. The term ‘‘community wildfire protection plan’’ The committee of conference on the dis- The purposes of this Act are— means a plan for an at-risk community that— agreeing votes of the two Houses on the (1) to reduce wildfire risk to communities, mu- (A) is developed within the context of the col- amendments of the Senate to the bill (H.R. nicipal water supplies, and other at-risk Federal laborative agreements and the guidance estab- 1904), to improve the capacity of the Sec- land through a collaborative process of plan- lished by the Wildland Fire Leadership Council retary of Agriculture and the Secretary of ning, prioritizing, and implementing hazardous and agreed to by the applicable local govern- the Interior to plan and conduct hazardous fuel reduction projects; ment, local fire department, and State agency fuels reduction projects on National Forest (2) to authorize grant programs to improve the responsible for forest management, in consulta- System lands and Bureau of Land Manage- commercial value of forest biomass (that other- tion with interested parties and the Federal ment lands aimed at protecting commu- wise contributes to the risk of catastrophic fire land management agencies managing land in nities, watersheds, and certain other at-risk or insect or disease infestation) for producing the vicinity of the at-risk community; lands from catastrophic wildfire, to enhance electric energy, useful heat, transportation fuel, (B) identifies and prioritizes areas for haz- efforts to protect watersheds and address and petroleum-based product substitutes, and ardous fuel reduction treatments and rec- threats to forest and rangeland health, in- for other commercial purposes; ommends the types and methods of treatment on cluding catastrophic wildfire, across the (3) to enhance efforts to protect watersheds Federal and non-Federal land that will protect landscape, and for other purposes, having and address threats to forest and rangeland 1 or more at-risk communities and essential in- met, after full and free conference, have health, including catastrophic wildfire, across frastructure; and agreed to recommend and do recommend to the landscape; (C) recommends measures to reduce structural their respective Houses as follows: (4) to promote systematic gathering of infor- ignitability throughout the at-risk community. That the House recede from its disagree- mation to address the impact of insect and dis- (4) CONDITION CLASS 2.—The term ‘‘condition ment to the amendment of the Senate to the ease infestations and other damaging agents on class 2’’, with respect to an area of Federal text of the bill and agree to the same with an forest and rangeland health; land, means the condition class description de- amendment as follows: (5) to improve the capacity to detect insect veloped by the Forest Service Rocky Mountain In lieu of the matter proposed to be in- and disease infestations at an early stage, par- Research Station in the general technical report serted by the Senate amendment, insert the ticularly with respect to hardwood forests; and entitled ‘‘Development of Coarse-Scale Spatial following: (6) to protect, restore, and enhance forest eco- Data for Wildland Fire and Fuel Management’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. system components— (RMRS–87), dated April 2000 (including any (a) SHORT TITLE.—This Act may be cited as (A) to promote the recovery of threatened and subsequent revision to the report), under the ‘‘Healthy Forests Restoration Act of 2003’’. endangered species; which— (b) TABLE OF CONTENTS.—The table of con- (B) to improve biological diversity; and (A) fire regimes on the land have been mod- tents of this Act is as follows: (C) to enhance productivity and carbon se- erately altered from historical ranges; Sec. 1. Short title; table of contents. questration. (B) there exists a moderate risk of losing key Sec. 2. Purposes. SEC. 3. DEFINITIONS. ecosystem components from fire; Sec. 3. Definitions. In this Act: (C) fire frequencies have increased or de- creased from historical frequencies by 1 or more TITLE I—HAZARDOUS FUEL REDUCTION (1) FEDERAL LAND.—The term ‘‘Federal land’’ return intervals, resulting in moderate changes ON FEDERAL LAND means— (A) land of the National Forest System (as de- to— Sec. 101. Definitions. fined in section 11(a) of the Forest and Range- (i) the size, frequency, intensity, or severity of Sec. 102. Authorized hazardous fuel reduction land Renewable Resources Planning Act of 1974 fires; or projects. (ii) landscape patterns; and Sec. 103. Prioritization. (16 U.S.C 1609(a))) administered by the Sec- retary of Agriculture, acting through the Chief (D) vegetation attributes have been mod- Sec. 104. Environmental analysis. erately altered from the historical range of the Sec. 105. Special administrative review process. of the Forest Service; and (B) public lands (as defined in section 103 of attributes. Sec. 106. Judicial review in United States dis- (5) CONDITION CLASS 3.—The term ‘‘condition trict courts. the Federal Land Policy and Management Act of 1976 (43 U.S.C 1702)), the surface of which is class 3’’, with respect to an area of Federal Sec. 107. Effect of title. land, means the condition class description de- Sec. 108. Authorization of appropriations. administered by the Secretary of the Interior, acting through the Director of the Bureau of veloped by the Rocky Mountain Research Sta- TITLE II—BIOMASS Land Management. tion in the general technical report referred to Sec. 201. Improved biomass use research pro- (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ in paragraph (4) (including any subsequent re- gram. has the meaning given the term in section 4 of vision to the report), under which— Sec. 202. Rural revitalization through forestry. the Indian Self-Determination and Education (A) fire regimes on land have been signifi- Sec. 203. Biomass commercial utilization grant Assistance Act (25 U.S.C. 450b). cantly altered from historical ranges; program. (B) there exists a high risk of losing key eco- TITLE I—HAZARDOUS FUEL REDUCTION system components from fire; TITLE III—WATERSHED FORESTRY ON FEDERAL LAND ASSISTANCE (C) fire frequencies have departed from histor- SEC. 101. DEFINITIONS. ical frequencies by multiple return intervals, re- Sec. 301. Findings and purposes. In this title: sulting in dramatic changes to— Sec. 302. Watershed forestry assistance pro- (1) AT-RISK COMMUNITY.—The term ‘‘at-risk (i) the size, frequency, intensity, or severity of gram. community’’ means an area— fires; or Sec. 303. Tribal watershed forestry assistance. (A) that is comprised of— (ii) landscape patterns; and TITLE IV—INSECT INFESTATIONS AND (i) an interface community as defined in the (D) vegetation attributes have been signifi- RELATED DISEASES notice entitled ‘‘Wildland Urban Interface Com- cantly altered from the historical range of the Sec. 401. Findings and purpose. munities Within the Vicinity of Federal Lands attributes.

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(6) DAY.—The term ‘‘day’’ means— (A) an area within or adjacent to an at-risk ment plan and other relevant administrative (A) a calendar day; or community that is identified in recommenda- policies or decisions applicable to the Federal (B) if a deadline imposed by this title would tions to the Secretary in a community wildfire land covered by the project. expire on a nonbusiness day, the end of the next protection plan; or (c) ACREAGE LIMITATION.—Not more than a business day. (B) in the case of any area for which a com- total of 20,000,000 acres of Federal land may be (7) DECISION DOCUMENT.—The term ‘‘decision munity wildfire protection plan is not in effect— treated under authorized hazardous fuel reduc- document’’ means— (i) an area extending 1/2-mile from the bound- tion projects. (A) a decision notice (as that term is used in ary of an at-risk community; (d) EXCLUSION OF CERTAIN FEDERAL LAND.— the Forest Service Handbook); (ii) an area within 11⁄2 miles of the boundary The Secretary may not conduct an authorized (B) a decision record (as that term is used in of an at-risk community, including any land hazardous fuel reduction project that would the Bureau of Land Management Handbook); that— occur on— and (I) has a sustained steep slope that creates the (1) a component of the National Wilderness (C) a record of decision (as that term is used potential for wildfire behavior endangering the Preservation System; in applicable regulations of the Council on En- at-risk community; (2) Federal land on which the removal of vironmental Quality). (II) has a geographic feature that aids in cre- vegetation is prohibited or restricted by Act of (8) FIRE REGIME I.—The term ‘‘fire regime I’’ ating an effective fire break, such as a road or Congress or Presidential proclamation (includ- means an area— ridge top; or ing the applicable implementation plan); or (A) in which historically there have been low- (III) is in condition class 3, as documented by (3) a Wilderness Study Area. severity fires with a frequency of 0 through 35 the Secretary in the project-specific environ- (e) OLD GROWTH STANDS.— years; and mental analysis; and (1) DEFINITIONS.—In this subsection and sub- (B) that is located primarily in low elevation (iii) an area that is adjacent to an evacuation section (f): forests of pine, oak, or pinyon juniper. route for an at-risk community that the Sec- (A) APPLICABLE PERIOD.—The term ‘‘applica- ble period’’ means— (9) FIRE REGIME II.—The term ‘‘fire regime II’’ retary determines, in cooperation with the at- (i) the 2-year period beginning on the date of means an area— risk community, requires hazardous fuel reduc- enactment of this Act; or (A) in which historically there are stand re- tion to provide safer evacuation from the at-risk (ii) in the case of a resource management plan placement severity fires with a frequency of 0 community. that the Secretary is in the process of revising as through 35 years; and SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUC- of the date of enactment of this Act, the 3-year (B) that is located primarily in low- to mid- TION PROJECTS. period beginning on the date of enactment of elevation rangeland, grassland, or shrubland. (a) AUTHORIZED PROJECTS.—As soon as prac- this Act. (10) FIRE REGIME III.—The term ‘‘fire regime ticable after the date of enactment of this Act, (B) COVERED PROJECT.—The term ‘‘covered III’’ means an area— the Secretary shall implement authorized haz- project’’ means an authorized hazardous fuel (A) in which historically there are mixed se- ardous fuel reduction projects, consistent with reduction project carried out on land described verity fires with a frequency of 35 through 100 the Implementation Plan, on— in paragraph (1), (2), (3), or (5) of subsection years; and (1) Federal land in wildland-urban interface (a). (B) that is located primarily in forests of areas; (C) MANAGEMENT DIRECTION.—The term mixed conifer, dry Douglas fir, or wet Ponderosa (2) condition class 3 Federal land, in such ‘‘management direction’’ means definitions, des- pine. proximity to a municipal water supply system or ignations, standards, guidelines, goals, or objec- (11) IMPLEMENTATION PLAN.—The term ‘‘Im- a stream feeding such a system within a munic- tives established for an old growth stand under plementation Plan’’ means the Implementation ipal watershed that a significant risk exists that a resource management plan developed in ac- Plan for the Comprehensive Strategy for a Col- a fire disturbance event would have adverse ef- cordance with applicable law, including section laborative Approach for Reducing Wildland Fire fects on the water quality of the municipal 6(g)(3)(B) of the Forest and Rangeland Renew- Risks to Communities and the Environment, water supply or the maintenance of the system, able Resources Planning Act of 1974 (16 U.S.C. dated May 2002, developed pursuant to the con- including a risk to water quality posed by ero- 1604(g)(3)(B)). ference report to accompany the Department of sion following such a fire disturbance event; (D) OLD GROWTH STAND.—The term ‘‘old the Interior and Related Agencies Appropria- (3) condition class 2 Federal land located growth stand’’ has the meaning given the term tions Act, 2001 (House Report 106–64) (and sub- within fire regime I, fire regime II, or fire regime under management direction used pursuant to sequent revisions). III, in such proximity to a municipal water sup- paragraphs (3) and (4), based on the structure (12) MUNICIPAL WATER SUPPLY SYSTEM.—The ply system or a stream feeding such a system and composition characteristic of the forest term ‘‘municipal water supply system’’ means within a municipal watershed that a significant type, and in accordance with applicable law, in- the reservoirs, canals, ditches, flumes, laterals, risk exists that a fire disturbance event would cluding section 6(g)(3)(B) of the Forest and pipes, pipelines, and other surface facilities and have adverse effects on the water quality of the Rangeland Renewable Resources Planning Act systems constructed or installed for the collec- municipal water supply or the maintenance of of 1974 (16 U.S.C. 1604(g)(3)(B)). tion, impoundment, storage, transportation, or the system, including a risk to water quality (2) PROJECT REQUIREMENTS.—In carrying out distribution of drinking water. posed by erosion following such a fire disturb- a covered project, the Secretary shall fully (13) RESOURCE MANAGEMENT PLAN.—The term ance event; maintain, or contribute toward the restoration ‘‘resource management plan’’ means— (4) Federal land on which windthrow or blow- of, the structure and composition of old growth (A) a land and resource management plan down, ice storm damage, the existence of an epi- stands according to the pre-fire suppression old prepared for 1 or more units of land of the Na- demic of disease or insects, or the presence of growth conditions characteristic of the forest tional Forest System described in section 3(1)(A) such an epidemic on immediately adjacent land type, taking into account the contribution of the under section 6 of the Forest and Rangeland Re- and the imminent risk it will spread, poses a sig- stand to landscape fire adaptation and water- newable Resources Planning Act of 1974 (16 nificant threat to an ecosystem component, or shed health, and retaining the large trees con- U.S.C. 1604); or forest or rangeland resource, on the Federal tributing to old growth structure. (B) a land use plan prepared for 1 or more land or adjacent non-Federal land; and (3) NEWER MANAGEMENT DIRECTION.— units of the public land described in section (5) Federal land not covered by paragraphs (1) (A) IN GENERAL.—If the management direction 3(1)(B) under section 202 of the Federal Land through (4) that contains threatened and en- for an old growth stand was established on or Policy and Management Act of 1976 (43 U.S.C. dangered species habitat, if— after December 15, 1993, the Secretary shall meet 1712). (A) natural fire regimes on that land are iden- the requirements of paragraph (2) in carrying (14) SECRETARY.—The term ‘‘Secretary’’ tified as being important for, or wildfire is iden- out a covered project by implementing the man- means— tified as a threat to, an endangered species, a agement direction. (A) the Secretary of Agriculture, with respect threatened species, or habitat of an endangered (B) AMENDMENTS OR REVISIONS.—Any amend- to land of the National Forest System described species or threatened species in a species recov- ment or revision to management direction for in section 3(1)(A); and ery plan prepared under section 4 of the Endan- which final administrative approval is granted (B) the Secretary of the Interior, with respect gered Species Act of 1973 (16 U.S.C. 1533), or a after the date of enactment of this Act shall be to public lands described in section 3(1)(B). notice published in the Federal Register deter- consistent with paragraph (2) for the purpose of (15) THREATENED AND ENDANGERED SPECIES mining a species to be an endangered species or carrying out covered projects. HABITAT.—The term ‘‘threatened and endan- a threatened species or designating critical habi- (4) OLDER MANAGEMENT DIRECTION.— gered species habitat’’ means Federal land iden- tat; (A) IN GENERAL.—If the management direction tified in— (B) the authorized hazardous fuel reduction for an old growth stand was established before (A) a determination that a species is an en- project will provide enhanced protection from December 15, 1993, the Secretary shall meet the dangered species or a threatened species under catastrophic wildfire for the endangered species, requirements of paragraph (2) in carrying out a the Endangered Species Act of 1973 (16 U.S.C. threatened species, or habitat of the endangered covered project during the applicable period by 1531 et seq.); species or threatened species; and implementing the management direction. (B) a designation of critical habitat of the spe- (C) the Secretary complies with any applicable (B) REVIEW REQUIRED.—Subject to subpara- cies under that Act; or guidelines specified in any management or re- graph (C), during the applicable period for man- (C) a recovery plan prepared for the species covery plan described in subparagraph (A). agement direction referred to in subparagraph under that Act. (b) RELATION TO AGENCY PLANS.—An author- (A), the Secretary shall— (16) WILDLAND-URBAN INTERFACE.—The term ized hazardous fuel reduction project shall be (i) review the management direction for af- ‘‘wildland-urban interface’’ means— conducted consistent with the resource manage- fected covered projects, taking into account any

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A20NO7.033 H20PT1 H11688 CONGRESSIONAL RECORD — HOUSE November 20, 2003 relevant scientific information made available (C) any applicable watershed or landscape project for which a decision notice is issued dur- since the adoption of the management direction; goals or objectives in the resource management ing the 1-year period beginning on the date of and plan or other relevant direction. enactment of this Act, the Secretary shall use (ii) amend the management direction for af- (5) MULTIPARTY MONITORING.— existing definitions of the term ‘‘wildland-urban fected covered projects to be consistent with (A) IN GENERAL.—In an area where significant interface’’ rather than the definition of that paragraph (2), if necessary to reflect relevant interest is expressed in multiparty monitoring, term provided under section 101. scientific information the Secretary did not con- the Secretary shall establish a multiparty moni- (2) NON-FEDERAL LAND.— sider in formulating the management direction. toring, evaluation, and accountability process (A) IN GENERAL.—In providing financial as- (C) REVIEW NOT COMPLETED.—If the Secretary in order to assess the positive or negative eco- sistance under any provision of law for haz- does not complete the review of the management logical and social effects of authorized haz- ardous fuel reduction projects on non-Federal direction in accordance with subparagraph (B) ardous fuel reduction projects and projects con- land, the Secretary shall consider recommenda- before the end of the applicable period, the Sec- ducted pursuant to section 404. tions made by at-risk communities that have de- retary shall not carry out any portion of af- (B) DIVERSE STAKEHOLDERS.—The Secretary veloped community wildfire protection plans. fected covered projects in stands that are identi- shall include diverse stakeholders (including in- (B) PRIORITY.—In allocating funding under fied as old growth stands (based on substantial terested citizens and Indian tribes) in the proc- this paragraph, the Secretary should, to the supporting evidence) by any person during ess required under subparagraph (A). maximum extent practicable, give priority to scoping, within the period— (C) FUNDING.—Funds to carry out this para- communities that have adopted a community (i) beginning at the close of the applicable pe- graph may be derived from operations funds for wildfire protection plan or have taken proactive riod for the management direction governing the projects described in subparagraph (A). measures to encourage willing property owners affected covered projects; and (6) COLLECTION OF MONITORING DATA.—The to reduce fire risk on private property. (ii) ending on the earlier of— Secretary may collect monitoring data by enter- SEC. 104. ENVIRONMENTAL ANALYSIS. (I) the date the Secretary completes the action ing into cooperative agreements or contracts (a) AUTHORIZED HAZARDOUS FUEL REDUCTION required by subparagraph (B) for the manage- with, or providing grants to, small or micro- PROJECTS.—Except as otherwise provided in this ment direction applicable to the affected covered businesses, cooperatives, nonprofit organiza- title, the Secretary shall conduct authorized projects; or tions, Youth Conservation Corps work crews, or hazardous fuel reduction projects in accordance (II) the date on which the acreage limitation related State, local, and other non-Federal con- with— specified in subsection (c) (as that limitation servation corps. (1) the National Environmental Policy Act of may be adjusted by a subsequent Act of Con- (7) TRACKING.—For each administrative unit, 1969 (42 U.S.C. 4331 et seq.); and gress) is reached. the Secretary shall track acres burned, by the (2) other applicable laws. (5) LIMITATION TO COVERED PROJECTS.—Noth- degree of severity, by large wildfires (as defined (b) ENVIRONMENTAL ASSESSMENT OR ENVIRON- ing in this subsection requires the Secretary to by the Secretary). MENTAL IMPACT STATEMENT.—The Secretary revise or otherwise amend a resource manage- (8) MONITORING AND MAINTENANCE OF TREAT- shall prepare an environmental assessment or ment plan to make the project requirements of ED AREAS.—The Secretary shall, to the maximum an environmental impact statement pursuant to paragraph (2) apply to an activity other than a extent practicable, develop a process for moni- section 102(2) of the National Environmental covered project. toring the need for maintenance of treated Policy Act of 1969 (42 U.S.C. 4332(2)) for each (f) LARGE TREE RETENTION.— areas, over time, in order to preserve the forest authorized hazardous fuel reduction project. (1) IN GENERAL.—Except in old growth stands health benefits achieved. where the management direction is consistent (c) CONSIDERATION OF ALTERNATIVES.— SEC. 103. PRIORITIZATION. with subsection (e)(2), the Secretary shall carry (1) IN GENERAL.—Except as provided in sub- out a covered project in a manner that— (a) IN GENERAL.—In accordance with the Im- section (d), in the environmental assessment or (A) focuses largely on small diameter trees, plementation Plan, the Secretary shall develop environmental impact statement prepared under thinning, strategic fuel breaks, and prescribed an annual program of work for Federal land subsection (b), the Secretary shall study, de- fire to modify fire behavior, as measured by the that gives priority to authorized hazardous fuel velop, and describe— projected reduction of uncharacteristically se- reduction projects that provide for the protec- (A) the proposed agency action; vere wildfire effects for the forest type (such as tion of at-risk communities or watersheds or (B) the alternative of no action; and adverse soil impacts, tree mortality or other im- that implement community wildfire protection (C) an additional action alternative, if the ad- pacts); and plans. ditional alternative— (B) maximizes the retention of large trees, as (b) COLLABORATION.— (i) is proposed during scoping or the collabo- appropriate for the forest type, to the extent (1) IN GENERAL.—The Secretary shall consider rative process under subsection (f); and that the trees promote fire-resilient stands. recommendations under subsection (a) that are (ii) meets the purpose and need of the project, (2) WILDFIRE RISK.—Nothing in this sub- made by at-risk communities that have devel- in accordance with regulations promulgated by section prevents achievement of the purposes de- oped community wildfire protection plans. the Council on Environmental Quality. scribed in section 2(1). (2) EXEMPTION.—The Federal Advisory Com- (2) MULTIPLE ADDITIONAL ALTERNATIVES.—If (g) MONITORING AND ASSESSING FOREST AND mittee Act (5 U.S.C. App.) shall not apply to the more than 1 additional alternative is proposed RANGELAND HEALTH.— planning process and recommendations con- under paragraph (1)(C), the Secretary shall— (1) IN GENERAL.—For each Forest Service ad- cerning community wildfire protection plans. (A) select which additional alternative to con- ministrative region and each Bureau of Land (c) ADMINISTRATION.— sider, which is a choice that is in the sole discre- Management State Office, the Secretary shall— (1) IN GENERAL.—Federal agency involvement tion of the Secretary; and (A) monitor the results of a representative in developing a community wildfire protection (B) provide a written record describing the sample of the projects authorized under this title plan, or a recommendation made in a commu- reasons for the selection. for each management unit; and nity wildfire protection plan, shall not be con- (d) ALTERNATIVE ANALYSIS PROCESS FOR (B) not later than 5 years after the date of en- sidered a Federal agency action under the Na- PROJECTS IN WILDLAND-URBAN INTERFACE.— actment of this Act, and each 5 years thereafter, tional Environmental Policy Act of 1969 (42 (1) PROPOSED AGENCY ACTION AND 1 ACTION issue a report that includes— U.S.C. 4321 et seq.). ALTERNATIVE.—For an authorized hazardous (i) an evaluation of the progress towards (2) COMPLIANCE.—In implementing authorized fuel reduction project that is proposed to be con- project goals; and hazardous fuel reduction projects on Federal ducted in the wildland-urban interface, the Sec- (ii) recommendations for modifications to the land, the Secretary shall, in accordance with retary is not required to study, develop, or de- projects and management treatments. section 104, comply with the National Environ- scribe more than the proposed agency action (2) CONSISTENCY OF PROJECTS WITH REC- mental Policy Act of 1969 (42 U.S.C. 4321 et and 1 action alternative in the environmental OMMENDATIONS.—An authorized hazardous fuel seq.). assessment or environmental impact statement reduction project approved following the (d) FUNDING ALLOCATION.— prepared pursuant to section 102(2) of the Na- issuance of a monitoring report shall, to the (1) FEDERAL LAND.— tional Environmental Policy Act of 1969 (42 maximum extent practicable, be consistent with (A) IN GENERAL.—Subject to subparagraph U.S.C. 4332(2)). any applicable recommendations in the report. (B), the Secretary shall use not less than 50 per- (2) PROPOSED AGENCY ACTION.—Notwith- (3) SIMILAR VEGETATION TYPES.—The results cent of the funds allocated for authorized haz- standing paragraph (1), but subject to para- of a monitoring report shall be made available ardous fuel reduction projects in the wildland- graph (3), if an authorized hazardous fuel re- for use (if appropriate) in an authorized haz- urban interface. duction project proposed to be conducted in the ardous fuels reduction project conducted in a (B) APPLICABILITY AND ALLOCATION.—The wildland-urban interface is located no further similar vegetation type on land under the juris- funding allocation in subparagraph (A) shall than 11⁄2 miles from the boundary of an at-risk diction of the Secretary. apply at the national level. The Secretary may community, the Secretary is not required to (4) MONITORING AND ASSESSMENTS.—Moni- allocate the proportion of funds differently than study, develop, or describe any alternative to toring and assessment shall include a descrip- is required under subparagraph (A) within indi- the proposed agency action in the environ- tion of the changes in condition class, using the vidual management units as appropriate, in mental assessment or environmental impact Fire Regime Condition Class Guidebook or suc- particular to conduct authorized hazardous fuel statement prepared pursuant to section 102(2) of cessor guidance, specifically comparing end re- reduction projects on land described in section the National Environmental Policy Act of 1969 sults to— 102(a)(4). (42 U.S.C. 4332(2)). (A) pretreatment conditions; (C) WILDLAND-URBAN INTERFACE.—In the case (3) PROPOSED AGENCY ACTION AND COMMUNITY (B) historical fire regimes; and of an authorized hazardous fuel reduction WILDFIRE PROTECTION PLAN ALTERNATIVE.—In

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A20NO7.035 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11689 the case of an authorized hazardous fuel reduc- interim final regulations have been published thority (including categorical exclusions adopt- tion project described in paragraph (2), if the at- and reasonable time has been provided for pub- ed to implement the National Environmental risk community has adopted a community wild- lic comment. Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to fire protection plan and the proposed agency ac- (c) ADMINISTRATIVE REVIEW.— conduct a hazardous fuel reduction project on tion does not implement the recommendations in (1) IN GENERAL.—A person may bring a civil Federal land (including Federal land identified the plan regarding the general location and action challenging an authorized hazardous in section 102(d)) that is not conducted using basic method of treatments, the Secretary shall fuel reduction project in a Federal district court the process authorized by section 104. evaluate the recommendations in the plan as an only if the person has challenged the authorized (b) NATIONAL FOREST SYSTEM.—For projects alternative to the proposed agency action in the hazardous fuel reduction project by exhaust- and activities of the National Forest System environmental assessment or environmental im- ing— other than authorized hazardous fuel reduction pact statement prepared pursuant to section (A) the administrative review process estab- projects, nothing in this title affects, or other- 102(2) of the National Environmental Policy Act lished by the Secretary of Agriculture under this wise biases, the notice, comment, and appeal of 1969 (42 U.S.C. 4332(2)). section; or procedures for projects and activities of the Na- (e) PUBLIC NOTICE AND MEETING.— (B) the administrative hearings and appeals tional Forest System contained in part 215 of (1) PUBLIC NOTICE.—The Secretary shall pro- procedures established by the Department of the title 36, Code of Federal Regulations, or the con- vide notice of each authorized hazardous fuel Interior. sideration or disposition of any legal action reduction project in accordance with applicable (2) ISSUES.—An issue may be considered in the brought with respect to the procedures. regulations and administrative guidelines. judicial review of an action under section 106 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. (2) PUBLIC MEETING.—During the preparation only if the issue was raised in an administrative There is authorized to be appropriated stage of each authorized hazardous fuel reduc- review process described in paragraph (1). $760,000,000 for each fiscal year to carry out— tion project, the Secretary shall— (3) EXCEPTION.— (1) activities authorized by this title; and (A) conduct a public meeting at an appro- (A) IN GENERAL.—An exception to the require- (2) other hazardous fuel reduction activities of priate location proximate to the administrative ment of exhausting the administrative review the Secretary, including making grants to unit of the Federal land on which the author- process before seeking judicial review shall be States, local governments, Indian tribes, and ized hazardous fuel reduction project will be available if a Federal court finds that the futil- other eligible recipients for activities authorized conducted; and ity or inadequacy exception applies to a specific by law. (B) provide advance notice of the location, plaintiff or claim. TITLE II—BIOMASS date, and time of the meeting. (B) INFORMATION.—If an agency fails or is (f) PUBLIC COLLABORATION.—In order to en- unable to make information timely available SEC. 201. IMPROVED BIOMASS USE RESEARCH courage meaningful public participation during during the administrative review process, a PROGRAM. preparation of authorized hazardous fuel reduc- court should evaluate whether the administra- (a) USES OF GRANTS, CONTRACTS, AND ASSIST- tion projects, the Secretary shall facilitate col- tive review process was inadequate for claims or ANCE.—Section 307(d) of the Biomass Research laboration among State and local governments issues to which the information is material. and Development Act of 2000 (7 U.S.C. 7624 note; and Indian tribes, and participation of inter- Public Law 106–224) is amended— SEC. 106. JUDICIAL REVIEW IN UNITED STATES (1) in paragraph (3), by striking ‘‘or’’ at the ested persons, during the preparation of each DISTRICT COURTS. end; authorized fuel reduction project in a manner (a) VENUE.—Notwithstanding section 1391 of (2) in paragraph (4), by striking the period at consistent with the Implementation Plan. title 28, United States Code, or other applicable the end and inserting ‘‘; or’’; and (g) ENVIRONMENTAL ANALYSIS AND PUBLIC law, an authorized hazardous fuels reduction (3) by adding at the end the following: COMMENT.—In accordance with section 102(2) of project conducted under this title shall be sub- ‘‘(5) research to integrate silviculture, har- the National Environmental Policy Act of 1969 ject to judicial review only in the United States vesting, product development, processing infor- (42 U.S.C. 4332(2)) and the applicable regula- district court for a district in which the Federal mation, and economic evaluation to provide the tions and administrative guidelines, the Sec- land to be treated under the authorized haz- science, technology, and tools to forest man- retary shall provide an opportunity for public ardous fuels reduction project is located. agers and community developers for use in eval- comment during the preparation of any environ- (b) EXPEDITIOUS COMPLETION OF JUDICIAL RE- uating forest treatment and production alter- mental assessment or environmental impact VIEW.—In the judicial review of an action chal- natives, including— statement for an authorized hazardous fuel re- lenging an authorized hazardous fuel reduction duction project. ‘‘(A) to develop tools that would enable land project under subsection (a), Congress encour- managers, locally or in a several-State region, to (h) DECISION DOCUMENT.—The Secretary shall ages a court of competent jurisdiction to expe- sign a decision document for authorized haz- estimate— dite, to the maximum extent practicable, the ‘‘(i) the cost to deliver varying quantities of ardous fuel reduction projects and provide no- proceedings in the action with the goal of ren- tice of the final agency actions. wood to a particular location; and dering a final determination on jurisdiction, ‘‘(ii) the amount that could be paid for stump- SEC. 105. SPECIAL ADMINISTRATIVE REVIEW and (if jurisdiction exists) a final determination PROCESS. age if delivered wood was used for a specific mix on the merits, as soon as practicable after the of products; (a) INTERIM FINAL REGULATIONS.— date on which a complaint or appeal is filed to (1) IN GENERAL.—Not later than 30 days after ‘‘(B) to conduct research focused on devel- initiate the action. the date of the enactment of this Act, the Sec- oping appropriate thinning systems and equip- (c) INJUNCTIONS.— retary of Agriculture shall promulgate interim ment designs that are— (1) IN GENERAL.—Subject to paragraph (2), the final regulations to establish a predecisional ad- ‘‘(i) capable of being used on land without length of any preliminary injunctive relief and ministrative review process for the period de- significant adverse effects on the land; stays pending appeal covering an authorized scribed in paragraph (2) that will serve as the ‘‘(ii) capable of handling large and varied hazardous fuel reduction project carried out sole means by which a person can seek adminis- landscapes; under this title shall not exceed 60 days. trative review regarding an authorized haz- ‘‘(iii) adaptable to handling a wide variety of (2) RENEWAL.— ardous fuel reduction project on Forest Service tree sizes; (A) IN GENERAL.—A court of competent juris- land. ‘‘(iv) inexpensive; and diction may issue 1 or more renewals of any pre- (2) PERIOD.—The predecisional administrative ‘‘(v) adaptable to various terrains; and liminary injunction, or stay pending appeal, review process required under paragraph (1) ‘‘(C) to develop, test, and employ in the train- granted under paragraph (1). shall occur during the period— ing of forestry managers and community devel- (B) UPDATES.—In each renewal of an injunc- (A) beginning after the completion of the envi- opers curricula materials and training programs tion in an action, the parties to the action shall ronmental assessment or environmental impact on matters described in subparagraphs (A) and present the court with updated information on statement; and (B).’’. (B) ending not later than the date of the the status of the authorized hazardous fuel re- (b) FUNDING.—Section 310(b) of the Biomass issuance of the final decision approving the duction project. Research and Development Act of 2000 (7 U.S.C. project. (3) BALANCING OF SHORT- AND LONG-TERM EF- 7624 note; Public Law 106–224) is amended by (3) ELIGIBILITY.—To be eligible to participate FECTS.—As part of its weighing the equities striking ‘‘$49,000,000’’ and inserting in the administrative review process for an au- while considering any request for an injunction ‘‘$54,000,000’’. thorized hazardous fuel reduction project under that applies to an agency action under an au- SEC. 202. RURAL REVITALIZATION THROUGH paragraph (1), a person shall submit to the Sec- thorized hazardous fuel reduction project, the FORESTRY. retary, during scoping or the public comment court reviewing the project shall balance the im- Section 2371 of the Food, Agriculture, Con- period for the draft environmental analysis for pact to the ecosystem likely affected by the servation, and Trade Act of 1990 (7 U.S.C. 6601) the project, specific written comments that re- project of— is amended by adding at the end the following: late to the proposed action. (A) the short- and long-term effects of under- ‘‘(d) RURAL REVITALIZATION TECHNOLOGIES.— (4) EFFECTIVE DATE.—The interim final regu- taking the agency action; against ‘‘(1) IN GENERAL.—The Secretary of Agri- lations promulgated under paragraph (1) shall (B) the short- and long-term effects of not un- culture, acting through the Chief of the Forest take effect on the date of promulgation of the dertaking the agency action. Service, in consultation with the State and Pri- regulations. SEC. 107. EFFECT OF TITLE. vate Forestry Technology Marketing Unit at the (b) FINAL REGULATIONS.—The Secretary shall (a) OTHER AUTHORITY.—Nothing in this title Forest Products Laboratory, and in collabora- promulgate final regulations to establish the affects, or otherwise biases, the use by the Sec- tion with eligible institutions, may carry out a process described in subsection (a)(1) after the retary of other statutory or administrative au- program—

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A20NO7.037 H20PT1 H11690 CONGRESSIONAL RECORD — HOUSE November 20, 2003 ‘‘(A) to accelerate adoption of technologies industrial private forest land’ means rural land, ‘‘(A) the use of trees as solutions to water using biomass and small-diameter materials; as determined by the Secretary, that— quality problems in urban and rural areas; ‘‘(B) to create community-based enterprises ‘‘(1) has existing tree cover or that is suitable ‘‘(B) community-based planning, involvement, through marketing activities and demonstration for growing trees; and and action through State, local, and nonprofit projects; and ‘‘(2) is owned by any nonindustrial private in- partnerships; ‘‘(C) to establish small-scale business enter- dividual, group, association, corporation, or ‘‘(C) application of and dissemination of mon- prises to make use of biomass and small-diame- other private legal entity, that has definitive de- itoring information on forestry best-management ter materials. cisionmaking authority over the land. practices relating to watershed forestry; ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) GENERAL AUTHORITY AND PURPOSE.—The ‘‘(D) watershed-scale forest management ac- There is authorized to be appropriated to carry Secretary, acting through the Chief of the For- tivities and conservation planning; and out this subsection $5,000,000 for each of fiscal est Service and (where appropriate) through the ‘‘(E)(i) the restoration of wetland (as defined years 2004 through 2008.’’. Cooperative State Research, Education, and Ex- by the States) and stream-side forests; and SEC. 203. BIOMASS COMMERCIAL UTILIZATION tension Service, may provide technical, finan- ‘‘(ii) the establishment of riparian vegetative GRANT PROGRAM. cial, and related assistance to State foresters, buffers. (a) IN GENERAL.—In addition to any other au- equivalent State officials, or Cooperative Exten- ‘‘(4) COST-SHARING.— thority of the Secretary of Agriculture to make sion officials at land grant colleges and univer- ‘‘(A) FEDERAL SHARE.— grants to a person that owns or operates a facil- sities and 1890 institutions for the purpose of ex- ‘‘(i) FUNDS UNDER THIS SUBSECTION.—Funds ity that uses biomass as a raw material to panding State forest stewardship capacities and provided under this subsection for a watershed produce electric energy, sensible heat, transpor- activities through State forestry best-manage- forestry project may not exceed 75 percent of the tation fuel, or substitutes for petroleum-based ment practices and other means at the State cost of the project. products, the Secretary may make grants to a level to address watershed issues on non-Federal ‘‘(ii) OTHER FEDERAL FUNDS.—The percentage person that owns or operates a facility that uses forested land and potentially forested land. of the cost of a project described in clause (i) biomass for wood-based products or other com- ‘‘(c) TECHNICAL ASSISTANCE TO PROTECT that is not covered by funds made available mercial purposes to offset the costs incurred to WATER QUALITY.— under this subsection may be paid using other purchase biomass. ‘‘(1) IN GENERAL.—The Secretary, in coopera- Federal funding sources, except that the total (b) AUTHORIZATION OF APPROPRIATIONS.— tion with State foresters or equivalent State offi- Federal share of the costs of the project may not There is authorized to be appropriated to carry cials, shall engage interested members of the exceed 90 percent. out this section $5,000,000 for each of fiscal public, including nonprofit organizations and ‘‘(B) FORM.—The non-Federal share of the years 2004 through 2008. local watershed councils, to develop a program costs of a project may be provided in the form of cash, services, or other in-kind contributions. TITLE III—WATERSHED FORESTRY of technical assistance to protect water quality ‘‘(5) PRIORITIZATION.—The State Forest Stew- ASSISTANCE described in paragraph (2). ‘‘(2) PURPOSE OF PROGRAM.—The program ardship Coordinating Committee for a State, or SEC. 301. FINDINGS AND PURPOSES. under this subsection shall be designed— equivalent State committee, shall prioritize wa- (a) FINDINGS.—Congress finds that— ‘‘(A) to build and strengthen watershed part- tersheds in that State to target watershed for- (1) there has been a dramatic shift in public nerships that focus on forested landscapes at estry projects funded under this subsection. attitudes and perceptions about forest manage- the State, regional, and local levels; ‘‘(6) WATERSHED FORESTER.—Financial and ment, particularly in the understanding and ‘‘(B) to provide State forestry best-manage- technical assistance shall be made available to practice of sustainable forest management; ment practices and water quality technical as- the State Forester or equivalent State official to (2) it is commonly recognized that the proper sistance directly to owners of nonindustrial pri- create a State watershed or best-management stewardship of forest land is essential to sus- vate forest land; practice forester position to— taining and restoring the health of watersheds; ‘‘(C) to provide technical guidance to land ‘‘(A) lead statewide programs; and (3) forests can provide essential ecological managers and policymakers for water quality ‘‘(B) coordinate watershed-level projects. services in filtering pollutants, buffering impor- protection through forest management; ‘‘(e) DISTRIBUTION.— tant rivers and estuaries, and minimizing flood- ‘‘(D) to complement State and local efforts to ‘‘(1) IN GENERAL.—Of the funds made avail- ing, which makes forest restoration worthy of protect water quality and provide enhanced op- able for a fiscal year under subsection (g), the special focus; and portunities for consultation and cooperation Secretary shall use— (4) strengthened education, technical assist- among Federal and State agencies charged with ‘‘(A) at least 75 percent of the funds to carry ance, and financial assistance for nonindustrial responsibility for water and watershed manage- out the cost-share program under subsection (d); private forest landowners and communities, re- ment; and and lating to the protection of watershed health, is ‘‘(E) to provide enhanced forest resource data ‘‘(B) the remainder of the funds to deliver needed to realize the expectations of the general and support for improved implementation and technical assistance, education, and planning, public. monitoring of State forestry best-management at the local level, through the State Forester or (b) PURPOSES.—The purposes of this title practices. equivalent State official. are— ‘‘(3) IMPLEMENTATION.—In the case of a par- ‘‘(2) SPECIAL CONSIDERATIONS.—Distribution (1) to improve landowner and public under- ticipating State, the program of technical assist- of funds by the Secretary among States under standing of the connection between forest man- ance shall be implemented by State foresters or paragraph (1) shall be made only after giving agement and watershed health; equivalent State officials. appropriate consideration to— (2) to encourage landowners to maintain tree ‘‘(d) WATERSHED FORESTRY COST-SHARE PRO- ‘‘(A) the acres of agricultural land, nonindus- cover on property and to use tree plantings and GRAM.— trial private forest land, and highly erodible vegetative treatments as creative solutions to ‘‘(1) IN GENERAL.—The Secretary shall estab- land in each State; watershed problems associated with varying lish a watershed forestry cost-share program— ‘‘(B) the miles of riparian buffer needed; land uses; ‘‘(A) which shall be— ‘‘(C) the miles of impaired stream segments (3) to enhance and complement forest manage- ‘‘(i) administered by the Forest Service; and and other impaired water bodies where forestry ment and buffer use for watersheds, with an em- ‘‘(ii) implemented by State foresters or equiva- practices can be used to restore or protect water phasis on community watersheds; lent State officials in participating States; and resources; (4) to establish new partnerships and collabo- ‘‘(B) under which funds or other support pro- ‘‘(D) the number of owners of nonindustrial rative watershed approaches to forest manage- vided to participating States shall be made private forest land in each State; and ment, stewardship, and conservation; available for State forestry best-management ‘‘(E) water quality cost savings that can be (5) to provide technical and financial assist- practices programs and watershed forestry achieved through forest watershed management. ance to States to deliver a coordinated program projects. ‘‘(f) WILLING OWNERS.— that enhances State forestry best-management ‘‘(2) WATERSHED FORESTRY PROJECTS.—The ‘‘(1) IN GENERAL.—Participation of an owner practices programs, and conserves and improves State forester, an equivalent State official of a of nonindustrial private forest land in the wa- forested land and potentially forested land, participating State, or a Cooperative Extension tershed forestry assistance program under this through technical, financial, and educational official at a land grant college or university or section is voluntary. assistance to qualifying individuals and entities; 1890 institution, in coordination with the State ‘‘(2) WRITTEN CONSENT.—The watershed for- and Forest Stewardship Coordinating Committee es- estry assistance program shall not be carried out (6) to maximize the proper management and tablished under section 19(b) (or an equivalent on nonindustrial private forest land without the conservation of wetland forests and to assist in committee) for that State, shall make awards to written consent of the owner of, or entity hav- the restoration of those forests. communities, nonprofit groups, and owners of ing definitive decisionmaking over, the non- SEC. 302. WATERSHED FORESTRY ASSISTANCE nonindustrial private forest land under the pro- industrial private forest land. PROGRAM. gram for watershed forestry projects described in ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— The Cooperative Forestry Assistance Act of paragraph (3). There is authorized to be appropriated to carry 1978 is amended by inserting after section 5 (16 ‘‘(3) PROJECT ELEMENTS AND OBJECTIVES.—A out this section $15,000,000 for each of fiscal U.S.C. 2103a) the following: watershed forestry project shall accomplish crit- years 2004 through 2008.’’. ‘‘SEC. 6. WATERSHED FORESTRY ASSISTANCE ical forest stewardship, watershed protection, SEC. 303. TRIBAL WATERSHED FORESTRY ASSIST- PROGRAM. and restoration needs within a State by dem- ANCE. ‘‘(a) DEFINITION OF NONINDUSTRIAL PRIVATE onstrating the value of trees and forests to wa- (a) IN GENERAL.—The Secretary of Agriculture FOREST LAND.—In this section, the term ‘non- tershed health and condition through— (referred to in this section as the ‘‘Secretary’’),

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A20NO7.038 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11691 acting through the Chief of the Forest Service, out this section $2,500,000 for each of fiscal (C) certain diseases are spread using insects shall provide technical, financial, and related years 2004 through 2008. as vectors (including Dutch elm disease and assistance to Indian tribes for the purpose of ex- TITLE IV—INSECT INFESTATIONS AND pine pitch canker); and panding tribal stewardship capacities and ac- RELATED DISEASES (12) funding and implementation of an initia- tivities through tribal forestry best-management tive to combat forest pest infestations and asso- SEC. 401. FINDINGS AND PURPOSE. practices and other means at the tribal level to ciated diseases should not come at the expense (a) FINDINGS.—Congress finds that— of supporting other programs and initiatives of address watershed issues on land under the ju- (1) high levels of tree mortality resulting from the Secretary. risdiction of or administered by the Indian insect infestation (including the interaction be- (b) PURPOSES.—The purposes of this title tribes. tween insects and diseases) may result in— (b) TECHNICAL ASSISTANCE TO PROTECT are— (A) increased fire risk; (1) to require the Secretary to develop an ac- WATER QUALITY.— (B) loss of old trees and old growth; (1) IN GENERAL.—The Secretary, in coopera- (C) loss of threatened and endangered species; celerated basic and applied assessment program tion with Indian tribes, shall develop a program (D) loss of species diversity; to combat infestations by forest-damaging in- to provide technical assistance to protect water (E) degraded watershed conditions; sects and associated diseases; quality, as described in paragraph (2). (F) increased potential for damage from other (2) to enlist the assistance of colleges and uni- (2) PURPOSE OF PROGRAM.—The program agents of disturbance, including exotic, invasive versities (including forestry schools, land grant under this subsection shall be designed— species; and colleges and universities, and 1890 Institutions), (A) to build and strengthen watershed part- (G) decreased timber values; State agencies, and private landowners to carry nerships that focus on forested landscapes at (2)(A) forest-damaging insects destroy hun- out the program; and the State, regional, tribal, and local levels; dreds of thousands of acres of trees each year; (3) to carry out applied silvicultural assess- (B) to provide tribal forestry best-management (B) in the West, more than 21,000,000 acres are ments. practices and water quality technical assistance at high risk of forest-damaging insect infesta- SEC. 402. DEFINITIONS. directly to Indian tribes; tion, and in the South, more than 57,000,000 In this title: (C) to provide technical guidance to tribal acres are at risk across all land ownerships; and (1) APPLIED SILVICULTURAL ASSESSMENT.— land managers and policy makers for water (C) severe drought conditions in many areas (A) IN GENERAL.—The term ‘‘applied silvicul- quality protection through forest management; of the South and West will increase the risk of tural assessment’’ means any vegetative or other (D) to complement tribal efforts to protect forest-damaging insect infestations; treatment carried out for information gathering water quality and provide enhanced opportuni- (3) the hemlock woolly adelgid is— and research purposes. ties for consultation and cooperation among (A) destroying streamside forests throughout (B) INCLUSIONS.—The term ‘‘applied silvicul- Federal agencies and tribal entities charged the mid-Atlantic and Appalachian regions; tural assessment’’ includes timber harvesting, with responsibility for water and watershed (B) threatening water quality and sensitive thinning, prescribed burning, pruning, and any management; and aquatic species; and combination of those activities. (E) to provide enhanced forest resource data (C) posing a potential threat to valuable com- (2) 1890 INSTITUTION.— and support for improved implementation and mercial timber land in northern New England; (A) IN GENERAL.—The term ‘‘1890 Institution’’ monitoring of tribal forestry best-management (4)(A) the emerald ash borer is a nonnative, means a college or university that is eligible to practices. invasive pest that has quickly become a major receive funds under the Act of August 30, 1890 (c) WATERSHED FORESTRY PROGRAM.— threat to hardwood forests because an emerald (7 U.S.C. 321 et seq.). (1) IN GENERAL.—The Secretary shall establish ash borer infestation is almost always fatal to (B) INCLUSION.—The term ‘‘1890 Institution’’ a watershed forestry program in cooperation affected trees; and includes Tuskegee University. with Indian tribes. (B) the emerald ash borer pest threatens to de- (3) FOREST-DAMAGING INSECT.—The term ‘‘for- (2) PROGRAMS AND PROJECTS.—Funds or other stroy more than 692,000,000 ash trees in forests support provided under the program shall be est-damaging insect’’ means— in Michigan and Ohio alone, and between 5 and made available for tribal forestry best-manage- (A) a Southern pine beetle; 10 percent of urban street trees in the Upper (B) a mountain pine beetle; ment practices programs and watershed forestry Midwest; (C) a spruce bark beetle; projects. (5)(A) epidemic populations of Southern pine (D) a gypsy moth; (3) ANNUAL AWARDS.—The Secretary shall an- beetles are ravaging forests in Alabama, Arkan- (E) a hemlock woolly adelgid; nually make awards to Indian tribes to carry sas, Florida, Georgia, Kentucky, Mississippi, (F) an emerald ash borer; out this subsection. North Carolina, South Carolina, Tennessee, and (G) a red oak borer; (4) PROJECT ELEMENTS AND OBJECTIVES.—A (H) a white oak borer; and watershed forestry project shall accomplish crit- Virginia; and (B) in 2001, Florida and Kentucky experienced (I) such other insects as may be identified by ical forest stewardship, watershed protection, 146 percent and 111 percent increases, respec- the Secretary. and restoration needs within land under the ju- tively, in Southern pine beetle populations; (4) SECRETARY.—The term ‘‘Secretary’’ risdiction of or administered by an Indian tribe (6) those epidemic outbreaks of Southern pine means— by demonstrating the value of trees and forests beetles have forced private landowners to har- (A) the Secretary of Agriculture, acting to watershed health and condition through— through the Forest Service, with respect to Na- (A) the use of trees as solutions to water qual- vest dead and dying trees, in rural areas and in- tional Forest System land; and ity problems; creasingly urbanized settings; (B) application of and dissemination of moni- (7) according to the Forest Service, recent out- (B) the Secretary of the Interior, acting toring information on forestry best-management breaks of the red oak borer in Arkansas and through appropriate offices of the United States practices relating to watershed forestry; Missouri have been unprecedented, with more Geological Survey, with respect to federally (C) watershed-scale forest management activi- than 1,000,000 acres infested at population levels owned land administered by the Secretary of the ties and conservation planning; never seen before; Interior. (D) the restoration of wetland and stream-side (8) much of the damage from the red oak borer SEC. 403. ACCELERATED INFORMATION GATH- forests and the establishment of riparian vegeta- has taken place in national forests, and the ERING REGARDING FOREST-DAM- tive buffers; and Federal response has been inadequate to protect AGING INSECTS. (E) tribal-based planning, involvement, and forest ecosystems and other ecological and eco- (a) INFORMATION GATHERING.—The Secretary, action through State, tribal, local, and non- nomic resources; acting through the Forest Service and United profit partnerships. (9)(A) previous silvicultural assessments, States Geological Survey, as appropriate, shall (5) PRIORITIZATION.—An Indian tribe that while useful and informative, have been limited establish an accelerated program— participates in the program under this sub- in scale and scope of application; and (1) to plan, conduct, and promote comprehen- section shall prioritize watersheds in land under (B) there have not been sufficient resources sive and systematic information gathering on the jurisdiction of or administered by the Indian available to adequately test a full array of indi- forest-damaging insects and associated diseases, tribe to target watershed forestry projects fund- vidual and combined applied silvicultural as- including an evaluation of— ed under this subsection. sessments; (A) infestation prevention and suppression (6) WATERSHED FORESTER.—The Secretary (10) only through the full funding, develop- methods; may provide to Indian tribes under this section ment, and assessment of potential applied sil- (B) effects of infestations and associated dis- financial and technical assistance to establish a vicultural assessments over specific time frames ease interactions on forest ecosystems; position of tribal forester to lead tribal programs across an array of environmental and climatic (C) restoration of forest ecosystem efforts; and coordinate small watershed-level projects. conditions can the most innovative and cost ef- (D) utilization options regarding infested (d) DISTRIBUTION.—The Secretary shall de- fective management applications be determined trees; and vote— that will help reduce the susceptibility of forest (E) models to predict the occurrence, distribu- (1) at least 75 percent of the funds made avail- ecosystems to attack by forest pests; tion, and impact of outbreaks of forest-dam- able for a fiscal year under subsection (e) to the (11)(A) often, there are significant inter- aging insects and associated diseases; program under subsection (c); and actions between insects and diseases; (2) to assist land managers in the development (2) the remainder of the funds to deliver tech- (B) many diseases (such as white pine blister of treatments and strategies to improve forest nical assistance, education, and planning in the rust, beech bark disease, and many other dis- health and reduce the susceptibility of forest field to Indian tribes. eases) can weaken trees and forest stands and ecosystems to severe infestations of forest-dam- (e) AUTHORIZATION OF APPROPRIATIONS.— predispose trees and forest stands to insect at- aging insects and associated diseases on Federal There is authorized to be appropriated to carry tack; and land and State and private land; and

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(3) to disseminate the results of the informa- lieu of, any authority provided to the Secre- (2) COST-EFFECTIVENESS.—The Secretary of tion gathering, treatments, and strategies. taries under any other law. Agriculture shall also consider the cost-effec- (b) COOPERATION AND ASSISTANCE.—The Sec- SEC. 406. AUTHORIZATION OF APPROPRIATIONS. tiveness of each agreement or easement, and as- retary shall— There are authorized to be appropriated such sociated restoration plans, so as to maximize the (1) establish and carry out the program in co- sums as are necessary to carry out this title for environmental benefits per dollar expended. operation with— each of fiscal years 2004 through 2008. SEC. 503. RESTORATION PLANS. (A) scientists from colleges and universities (a) IN GENERAL.—Land enrolled in the (including forestry schools, land grant colleges TITLE V—HEALTHY FORESTS RESERVE healthy forests reserve program shall be subject and universities, and 1890 Institutions); PROGRAM to a restoration plan, to be developed jointly by (B) Federal, State, and local agencies; and SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS (C) private and industrial landowners; and RESERVE PROGRAM. the landowner and the Secretary of Agriculture, in coordination with the Secretary of Interior. (2) designate such colleges and universities to (a) ESTABLISHMENT.—The Secretary of Agri- (b) PRACTICES.—The restoration plan shall re- assist in carrying out the program. culture shall establish the healthy forests re- quire such restoration practices as are necessary SEC. 404. APPLIED SILVICULTURAL ASSESS- serve program for the purpose of restoring and to restore and enhance habitat for— MENTS. enhancing forest ecosystems— (1) species listed as endangered or threatened (a) ASSESSMENT EFFORTS.—For information (1) to promote the recovery of threatened and under section 4 of the Endangered Species Act gathering and research purposes, the Secretary endangered species; of 1973 (16 U.S.C. 1533); and may conduct applied silvicultural assessments (2) to improve biodiversity; and (2) animal or plant species before the species on Federal land that the Secretary determines is (3) to enhance carbon sequestration. reach threatened or endangered status, such as at risk of infestation by, or is infested with, for- (b) COORDINATION.—The Secretary of Agri- candidate, State-listed species, and special con- est-damaging insects. culture shall carry out the healthy forests re- cern species. (b) LIMITATIONS.— serve program in coordination with the Sec- (1) EXCLUSION OF CERTAIN AREAS.—Subsection retary of the Interior and the Secretary of Com- SEC. 504. FINANCIAL ASSISTANCE. (a) does not apply to— merce. (a) EASEMENTS OF NOT MORE THAN 99 (A) a component of the National Wilderness YEARS.—In the case of land enrolled in the Preservation System; SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM. healthy forests reserve program using an ease- (B) any Federal land on which, by Act of ment of not more than 99 years described in sec- Congress or Presidential proclamation, the re- (a) IN GENERAL.—The Secretary of Agri- culture, in coordination with the Secretary of tion 502(f)(1)(C), the Secretary of Agriculture moval of vegetation is restricted or prohibited; shall pay the owner of the land an amount (C) a congressionally-designated wilderness the Interior and the Secretary of Commerce, equal to not less than 75 percent, nor more than study area; or shall describe and define forest ecosystems that (D) an area in which activities under sub- are eligible for enrollment in the healthy forests 100 percent, of (as determined by the Sec- section (a) would be inconsistent with the appli- reserve program. retary)— (1) the fair market value of the enrolled land cable land and resource management plan. (b) ELIGIBILITY.—To be eligible for enrollment (2) CERTAIN TREATMENT PROHIBITED.—Noth- in the healthy forests reserve program, land during the period the land is subject to the ease- ing in subsection (a) authorizes the application shall be— ment, less the fair market value of the land en- of insecticides in municipal watersheds or asso- (1) private land the enrollment of which will cumbered by the easement; and ciated riparian areas. restore, enhance, or otherwise measurably in- (2) the actual costs of the approved conserva- (3) PEER REVIEW.— crease the likelihood of recovery of a species list- tion practices or the average cost of approved (A) IN GENERAL.—Before being carried out, ed as endangered or threatened under section 4 practices carried out on the land during the pe- each applied silvicultural assessment under this of the Endangered Species Act of 1973 (16 U.S.C. riod in which the land is subject to the ease- title shall be peer reviewed by scientific experts 1533); and ment. selected by the Secretary, which shall include (2) private land the enrollment of which will (b) 30-YEAR EASEMENT.— In the case of land non-Federal experts. restore, enhance, or otherwise measurably im- enrolled in the healthy forests reserve program (B) EXISTING PEER REVIEW PROCESSES.—The prove the well-being of species that— using a 30-year easement, the Secretary of Agri- Secretary may use existing peer review processes (A) are not listed as endangered or threatened culture shall pay the owner of the land an to the extent the processes comply with subpara- under section 4 of the Endangered Species Act amount equal to not more than (as determined graph (A). of 1973 (16 U.S.C. 1533); but by the Secretary)— (c) PUBLIC NOTICE AND COMMENT.— (B) are candidates for such listing, State-list- (1) 75 percent of the fair market value of the (1) PUBLIC NOTICE.—The Secretary shall pro- ed species, or special concern species. land, less the fair market value of the land en- vide notice of each applied silvicultural assess- (c) OTHER CONSIDERATIONS.—In enrolling cumbered by the easement; and ment proposed to be carried out under this sec- land that satisfies the criteria under subsection (2) 75 percent of the actual costs of the ap- tion. (b), the Secretary of Agriculture shall give addi- proved conservation practices or 75 percent of (2) PUBLIC COMMENT.—The Secretary shall tional consideration to land the enrollment of the average cost of approved practices. provide an opportunity for public comment be- EAR AGREEMENT.—In the case of land which will— (c) 10-Y fore carrying out an applied silviculture assess- (1) improve biological diversity; and enrolled in the healthy forests reserve program ment under this section. (2) increase carbon sequestration. using a 10-year cost-share agreement, the Sec- (d) CATEGORICAL EXCLUSION.— retary of Agriculture shall pay the owner of the (1) IN GENERAL.—Applied silvicultural assess- (d) ENROLLMENT BY WILLING OWNERS.—The Secretary of Agriculture shall enroll land in the land an amount equal to not more than (as de- ment and research treatments carried out under termined by the Secretary)— this section on not more than 1,000 acres for an healthy forests reserve program only with the consent of the owner of the land. (1) 50 percent of the actual costs of the ap- assessment or treatment may be categorically ex- proved conservation practices; or (e) MAXIMUM ENROLLMENT.—The total num- cluded from documentation in an environmental (2) 50 percent of the average cost of approved ber of acres enrolled in the healthy forests re- impact statement and environmental assessment practices. serve program shall not exceed 2,000,000 acres. under the National Environmental Policy Act of (d) ACCEPTANCE OF CONTRIBUTIONS.—The Sec- (f) METHODS OF ENROLLMENT.— 1969 (42 U.S.C. 4321 et seq.). retary of Agriculture may accept and use con- (1) IN GENERAL.—Land may be enrolled in the (2) ADMINISTRATION.—Applied silvicultural as- tributions of non-Federal funds to make pay- healthy forests reserve program in accordance sessments and research treatments categorically ments under this section. excluded under paragraph (1)— with— (A) shall not be carried out in an area that is (A) a 10-year cost-share agreement; SEC. 505. TECHNICAL ASSISTANCE. adjacent to another area that is categorically (B) a 30-year easement; or (a) IN GENERAL.—The Secretary of Agriculture excluded under paragraph (1) that is being (C) an easement of not more than 99 years. shall provide landowners with technical assist- treated with similar methods; and (2) PROPORTION.—The extent to which each ance to assist the owners in complying with the (B) shall be subject to the extraordinary cir- enrollment method is used shall be based on the terms of plans (as included in agreements or cumstances procedures established by the Sec- approximate proportion of owner interest ex- easements) under the healthy forests reserve retary pursuant to section 1508.4 of title 40, pressed in that method in comparison to the program. Code of Federal Regulations. other methods. (b) TECHNICAL SERVICE PROVIDERS.—The Sec- (3) MAXIMUM CATEGORICAL EXCLUSION.—The (g) ENROLLMENT PRIORITY.— retary of Agriculture may request the services total number of acres categorically excluded (1) SPECIES.—The Secretary of Agriculture of, and enter into cooperative agreements with, under paragraph (1) shall not exceed 250,000 shall give priority to the enrollment of land that individuals or entities certified as technical acres. provides the greatest conservation benefit to— service providers under section 1242 of the Food (4) NO ADDITIONAL FINDINGS REQUIRED.—In (A) primarily, species listed as endangered or Security Act of 1985 (16 U.S.C. 3842), to assist accordance with paragraph (1), the Secretary threatened under section 4 of the Endangered the Secretary in providing technical assistance shall not be required to make any findings as to Species Act of 1973 (16 U.S.C. 1533); and necessary to develop and implement the healthy whether an applied silvicultural assessment (B) secondarily, species that— forests reserve program. project, either individually or cumulatively, has (i) are not listed as endangered or threatened SEC. 506. PROTECTIONS AND MEASURES a significant effect on the environment. under section 4 of the Endangered Species Act (a) PROTECTIONS.—In the case of a landowner SEC. 405. RELATION TO OTHER LAWS. of 1973 (16 U.S.C. 1533); but that enrolls land in the program and whose con- The authority provided to each Secretary (ii) are candidates for such listing, State-listed servation activities result in a net conservation under this title is supplemental to, and not in species, or special concern species. benefit for listed, candidate, or other species,

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the Secretary of Agriculture shall make avail- WILLIAM L. JENKINS, to communities, municipal water supplies able to the landowner safe harbor or similar as- GIL GUTKNECHT, and federal lands from catastrophic wildfire; surances and protection under— ROBIN HAYES, to authorize grant programs to improve the (1) section 7(b)(4) of the Endangered Species CHARLIE STENHOLM, commercial value of forest biomass; to en- Act of 1973 (16 U.S.C. 1536(b)(4)); or COLLIN C. PETERSON, hance efforts to protect watersheds and ad- (2) section 10(a)(1) of that Act (16 U.S.C. CAL DOOLEY, dress threats to forest and rangeland health; 1539(a)(1)). From the Committee on Resources, for con- to promote systematic information gath- (b) MEASURES.—If protection under subsection sideration of the House bill and the Senate ering to address the impacts of insect infes- (a) requires the taking of measures that are in amendments, and modifications committed tation on forest and rangeland health; to im- addition to the measures covered by the applica- to conference: prove the capacity to detect insect and dis- ble restoration plan agreed to under section 503, RICHARD POMBO, ease infestations at an early stage; and to the cost of the additional measures, as well as SCOTT MCINNIS, benefit threatened and endangered species, the cost of any permit, shall be considered part GREG WALDEN, improve biological diversity and enhance of the restoration plan for purposes of financial RICK RENZI, carbon sequestration. (Section 2) assistance under section 504. From the Committee on the Judiciary, for The Senate amendment contains similar SEC. 507. INVOLVEMENT BY OTHER AGENCIES consideration of sections 106 and 107 of the purposes with only technical and clarifying AND ORGANIZATIONS. House bill, and sections 105, 106, 1115, and changes. (Section 2) In carrying out this title, the Secretary of Ag- 1116 of the Senate amendment and modifica- The Conference substitute adopts the Sen- riculture may consult with— tions committed to conference: ate provision with an amendment that re- (1) nonindustrial private forest landowners; F. JAMES SENSENBRENNER, flects changes made necessary by deletions (2) other Federal agencies; Jr., from the bill. (Section 2) (3) State fish and wildlife agencies; LAMAR SMITH, TITLE I—HAZARDOUS FUEL REDUCTION ON (4) State forestry agencies; Managers on the Part of the House. FEDERAL LAND (5) State environmental quality agencies; (6) other State conservation agencies; and THAD COCHRAN, (1) Definitions (7) nonprofit conservation organizations. MITCH MCCONNELL, The House bill defines terms necessary for MICHAEL CRAPO, SEC. 508. AUTHORIZATION OF APPROPRIATIONS. implementation of the bill, including: inter- PETE V. DOMENICI, There are authorized to be appropriated to face community and intermix community; TOM DASCHLE, carry out this title— authorized hazardous fuel reduction project; Manager on the Part of the Senate. (1) $25,000,000 for fiscal year 2004; and condition class 2; condition class 3; day; deci- (2) such sums as are necessary for each of fis- JOINT EXPLANATORY STATEMENT OF sion document; Federal land; implementa- cal years 2005 through 2008. THE COMMITTEE OF CONFERNCE tion plan; municipal water supply system; Secretary concerned; threatened and endan- TITLE VI—MISCELLANEOUS The Managers on the part of the House and the Senate at the conference on the dis- gered species habitat. (Section 101) SEC. 601. FOREST STANDS INVENTORY AND MONI- agreeing votes of the two Houses on the The Senate amendment defines the same TORING PROGRAM TO IMPROVE DE- terms as the House bill with only technical TECTION OF AND RESPONSE TO EN- amendments of the Senate to the bill (H.R. VIRONMENTAL THREATS. 1904), An Act to improve the capacity of the differences, and defines additional terms, in- (a) IN GENERAL.—The Secretary of Agriculture Secretary of Agriculture and the Secretary cluding: at-risk community; community shall carry out a comprehensive program to in- of the Interior to conduct hazardous fuels re- wildfire protection plan; fire regime i, ii, and ventory, monitor, characterize, assess, and iden- duction projects on National Forest System iii; Indian tribe; resource management plan; tify forest stands (with emphasis on hardwood lands and Bureau of Land Management lands and Wildland-urban interface. (Sections 3, forest stands) and potential forest stands— aimed at protecting communities, water- 101) (1) in units of the National Forest System sheds, and certain other at-risk lands from The Conference substitute [adopts the Sen- (other than those units created from the public catastrophic wildfire, to enhance efforts to ate provisions, with an amendment to mod- domain); and protect watersheds and address threats to ify the definition of wildland-urban inter- (2) on private forest land, with the consent of forest and rangeland health, including cata- face. (Sections 3, 101)] the owner of the land. strophic wildfire, across the landscape, and (2) Authorized Hazardous Fuel Reduction (b) ISSUES TO BE ADDRESSED.—In carrying for other purposes, submit the following Projects joint statement to the House and the Senate out the program, the Secretary shall address The House bill allows for authorized haz- in explanation of the effect of the action issues including— ardous fuels reduction projects on federal agreed upon by the managers and rec- (1) early detection, identification, and assess- lands that (1) are located in an interface or ommended in the accompanying conference ment of environmental threats (including insect, intermix community; (2) are located in prox- report: disease, invasive species, fire, and weather-re- imity to such communities; (3) are condition The Senate amendments struck out all of lated risks and other episodic events); class 3 or 2 and located in proximity to a mu- the text of the House bill after the enacting (2) loss or degradation of forests; nicipal water supply (or a perennial stream, clause and inserted a substitute text and a (3) degradation of the quality forest stands including rivers and other permanent nat- caused by inadequate forest regeneration prac- new title. The House recedes from its disagreement ural flowing water sources feeding a munic- tices; ipal water supply); (4) are condition class 3 (4) quantification of carbon uptake rates; and to the amendment of the Senate with an amendment which is a substitute for the or 2 and have been identified as an area (5) management practices that focus on pre- where windthrow, blowdown, the existence venting further forest degradation. House bill and the Senate amendment. The House also recedes from its disagreement to or threat of disease or insect infestation (c) EARLY WARNING SYSTEM.—In carrying out poses a threat to forest or rangeland health, the program, the Secretary shall develop a com- the amendment of the Senate to the title of the bill. The differences between the House or (5) contain threatened and endangered prehensive early warning system for potential species, if: the natural fire regimes are im- catastrophic environmental threats to forests to bill, the Senate amendment, and the sub- stitute agreed to in conference are noted portant for, or wildfire is a threat to threat- increase the likelihood that forest managers will ened or endangered species or their habitat; be able to— below, except for clerical corrections, con- forming changes made necessary by agree- the authorized hazardous fuel reduction (1) isolate and treat a threat before the threat project will enhance protection from cata- gets out of control; and ments reached by the conferees, and minor drafting and clarifying changes. strophic wildfire, and; the Secretary com- (2) prevent epidemics, such as the American plies with applicable guidelines in any man- SHORT TITLE: TABLE OF CONTENTS chestnut blight in the first half of the twentieth agement or recovery plan. (Section 102(a)) century, that could be environmentally and eco- (1) Short Title The Senate amendment allows for author- nomically devastating to forests. The House bill cites that this Act may be ized hazardous fuel reduction projects on fed- (d) AUTHORIZATION OF APPROPRIATIONS.— cited as ‘‘Healthy Forests Restoration Act of eral lands that: (1) are in wildland-urban There is authorized to be appropriated to carry 2003’’ and lists the table of contents. (Section interface areas, (2) are condition class 3 and out this section $5,000,000 for each of fiscal 1) located in such proximity to a municipal years 2004 through 2008. The Senate amendment has an identical water supply system or a stream feeding That the House recede from its disagree- short title and differences in the table of such a system within a municipal watershed ment to the amendment of the Senate to the contents that reflect the Senate amendment. that a significant risk exists that a fire dis- title of the bill, and agree to the same. (Section 1) turbance event would have adverse effects on And the Senate agree to the same. The Conference substitute adopted the the water quality of the municipal water From the Committee on Agriculture, for House provision with an amendment to con- supply or the maintenance of the system, (3) consideration of the House bill and the Sen- form the table of contents to the conference are condition class 2 within fire regime I, fire ate amendments, and modifications com- agreement. (Section 1) regime II or fire regime III and otherwise the mittee to conference: (2) Purpose same as paragraph (2), (4) are identified as an BOB GOODLATTE, The House bill lists the purposes of this area where windthrow, blowdown, ice storm JOHN BOEHNER, Act, including: to reduce the risks of damage damage, or the existence of insects or disease

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If Act (‘NEPA’) to the proposed agency action, component, or forest or rangeland resource such review is not completed within the ap- meaning the agencies would not be required on federal land or adjacent non-federal land, propriate time period, no covered project to analyze and describe a number of different or (5) contain threatened and endangered shall occur in a stand that is identified as an alternatives to the preferred course; (104(b)) species habitat, if: the natural fire regimes old growth stand (based on substantial sup- Requires the Secretary to provide notice of are important for, or wildfire is a threat to porting evidence) by any person during authorized hazardous fuel reduction projects threatened or endangered species or their scoping; and and conduct a public meeting during the habitat; the authorized hazardous fuel reduc- Requires that covered projects outside of planning stage; (104(c)) tion project will enhance protection from old growth stands focus largely on small di- Requires the Secretary to collaborate catastrophic wildfire, and; the Secretary ameter trees, thinning, strategic fuel breaks, among governments and interested persons complies with applicable guidelines in any and prescribed fire to modify fire behavior, during the formulation of each authorized management or recovery plan. (Section as measured by the projected reduction of fuels reduction project; (104(d)) 102(a)) uncharacteristically severe wildfire effects; Requires the Secretary to allow public The Conference substitute adopts the Sen- and, maximizes the retention of large trees, input in accordance with NEPA during the ate provision with amendments modifying as appropriate for the forest type, to the ex- preparation of an EA or EIS or an authorized the definition of wildland-urban interface tent that the large trees promote fire-resist- hazardous fuel reduction project; (104(e)) and that clarify the provision relating to in- ant stands. Requires the Secretary to sign a decision sect and disease infestation. (Section 102(a)) The House bill has no comparable provi- document for each authorized hazardous (3) Agency Plans; Acreage Limitation; Exclusion sions. fuels reduction project and provide notice of of Certain Federal Land The Conference substitute adopts the Sen- that document; (104(f)) and The House bill requires projects to be ate provisions with an amendment that Requires the Secretary concerned to mon- planned and conducted in a manner con- makes technical and clarifying changes to itor the implementation of authorized haz- sistent with land and resource management the old growth provisions; and adds a clause ardous fuels reduction projects. (104(g)) With respect to House bill sections 104 (a), plans or an applicable land use plan; limits to the large tree retention provision to clar- (c), (d), (e), and (f), the Senate amendment the acreage available for authorized haz- ify that such provision is not intended to prevent achieving the purpose in section 2(1). contains essentially identical provisions, ex- ardous fuels reduction projects to 20,000,000 cept for technical differences. acres; and prohibits authorized hazardous (Section 102(e), (f)) The Managers note that nothing in sub- With respect to House bill section 104(b), fuels reduction projects on the following fed- the Senate amendment directs the Secretary eral lands: a component of the National Wil- section 102(e) requires resource management plans to be amended. to prepare an environmental assessment derness Preservation System, federal lands (EA) or an environmental impact statement (5) Prioritization for Communities where the removal of vegetation is prohib- (EIS) for any authorized hazardous fuel re- ited or restricted by a Congress or a presi- The House bill directs the Secretary to duction project which describes the proposed dential proclamation, or wilderness study give priority to authorized hazardous fuel re- action, a no action alternative, and an addi- areas. (Section 102(b), (c), and (d)) duction projects that provide for the protec- tional action alternative, if the additional The Senate amendment contains similar tion of communities and watersheds as pro- alternative is proposed during scoping or the provisions with only technical differences. vided for in the implementation plan. (Sec- collaborative process and meets the purpose (Section 102(b), (c), and (d)). tion 103) and need of the project. If more than 1 addi- The Conference substitute adopts the Sen- The Senate amendment: (Section 103) tional alternative is proposed, the Secretary ate provisions. (Section 102(b), (c), and (d)) Directs the Secretary to develop an annual shall select which additional alternative to (4) Old Growth Stands and Large Tree Reten- program of work that gives priority to au- consider and provide a written record de- tion thorized hazardous fuel reduction projects scribing the reasons for the selection. (Sec- The Senate amendment: (Section 102(e), that provide for protection of at-risk com- tion 104(b)) (f)) munities or watersheds or that implement With respect to House bill section 104(g), Provides direction for projects that may community wildfire protection plans; the Senate amendment: occur within old growth stands; Makes the Federal Advisory Committee Directs each Forest Service region and Defines a covered project as all authorized Act and National Environmental Policy Act BLM State Office to monitor the results of hazardous fuel reduction projects except inapplicable to Federal involvement in the authorized hazardous fuels reduction those in an area where windthrow, blow- community wildfire protection plan planning projects, and submit a report every 5 years down, ice storm damage, or the existence of and development process; that includes an evaluation of the progress insects or disease poses a significant threat Directs that not less than 50 percent of the towards project goals and recommendations to an ecosystem component (section funds allocated for authorized hazardous fuel for modifications to the projects and man- 102(a)(4)); reduction projects shall be used in the agement treatments. It requires monitoring Identifies standards for old growth as the wildland-urban interface. Such allocation and assessment from a representative sample definitions, designations, standards, guide- shall apply at the national level. However, of authorized hazardous fuel reduction lines, goals, or objectives established for an funds may be allocated differently within in- projects for each management unit as to the effects on changes in condition class, fire re- old growth stand under a resource manage- dividual management units as appropriate, gime, watershed or landscape goals or objec- ment plan, based on the structure and com- in particular to conduct authorized haz- tives in the resource management plan, and position characteristic of the forest type, ardous fuel reduction projects in areas with requires the Secretary to track acres burned and in accordance with applicable law; insects, disease, windthrow, blowdown or ice the degree of severity; and develop a process Requires the Secretary to fully maintain, storm damage. for monitoring the need for maintenance of or contribute toward the restoration of the In providing financial assistance for au- treated areas, over time, in order to preserve structure and composition of structurally thorized hazardous fuel reduction projects on the forest health benefits achieved; and (Sec- complex old growth stands according to the non-federal land, the Secretary shall con- tion 102(g)) pre-fire suppression old growth conditions sider recommendations made by at-risk com- Instructs the Secretary to establish a col- characteristic of the forest type, while con- munities that have developed community laborative monitoring, evaluation, and ac- sidering the contribution of the stand to wildfire protection plans. countability process in order to assess the landscape fire adaptation and watershed The Conference substitute adopts the Sen- positive or negative ecological and social ef- health, and retaining the large trees contrib- ate provision with amendments directing the fects of a representative sampling of projects uting to old growth structure; Secretary to: (1) use existing administrative implemented pursuant to title I and section Provides that old growth standards that authority to define wildland-urban interface 404 of the Senate amendment, and include di- are 10 years old or less from the date of en- for purposes of authorized hazardous fuel re- verse stakeholders, including interested citi- actment of this Act shall be used by the Sec- duction projects for which a decision notice zens and Indian tribes, in the monitoring and retary in carrying out a covered project; is issued within one year of date of enact- evaluation process. (Section 1108) Requires that any amendment or revision ment of this Act, and (2) give priority in al- locating funding to communities that have With respect to Section 104(b) of the House to standards for which final administrative bill and the Senate amendment, the Con- approval is granted after the date of enact- adopted wildfire protection plans. (Section 103) ference substitute adopts the Senate provi- ment of this Act shall be consistent with the sion with an amendment that provides for (6) Environmental Analysis requirement described above; special expedited environmental analysis Provides that old growth standards estab- The House bill: processes for hazardous fuels reduction lished before the 10-year period may be used Requires the Secretary to prepare an envi- projects within the wildland-urban interface for a 2-year period beginning on the date of ronmental assessment (EA) or an environ- and within 11⁄2 miles of at risk communities enactment of this Act, or if in the process of mental impact statement (EIS) for any au- (Section 104(d)). revising a resource management plan, may thorized hazardous fuel reduction project; For projects described in section 104(d)(1) be used for a 3-year period; (104(a)) of the Conference substitute, the Managers Provides that older standards shall be re- Gives the Secretary discretionary author- expect the Secretary to concisely analyze viewed and revised, if necessary, to reflect ity to limit the analysis ordinarily required the likely environmental outcomes if the relevant information not considered in for- under the National Environmental Policy proposed treatment is not implemented.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.045 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11695 The Managers note that, under subsection stitute to be applicable to information which title and other hazardous fuel reduction ac- 104(c)(2), if more than one additional alter- has not been brought to the attention of the tivities of the Secretary. (Section 108) native is proposed during scoping that meets Secretary. The House bill has no comparable provi- the purpose and need, the Secretary has the (8) Judicial Review sion. discretion to select which additional alter- The House bill: The Conference substitute adopts the Sen- native to consider, and must provide a writ- Establishes a time limit for filing a chal- ate provision. (Section 108) ten record describing the reasons for the se- lenge to an authorized hazardous fuels reduc- TITLE II—BIOMASS lection. The Managers note that the written tion project to 15 days within notice of the (1) Findings; Definitions record could be part of, or separate from, the final agency action; (Section 106(a)) environmental assessment or environmental The House bill contains Congressional find- Limits the duration of any preliminary in- ings that that show high risk of wildfires impact statement. junction granted on an authorized project to The Managers expect, in carrying out au- across many acres due to the accumulation 45 days subject to renewal, and requires Sec- of heavy fuel loads from insect infestations thorized fuel reduction projects under the ex- retarial notification to Congress upon an in- pedited processes provided by the Act, the and disease, and defines the terms: Biomass, junction renewal; (106(b)) Person, Preferred Community, and Secretary Secretary not to neglect obligations under Encourages a court in which an action or the provisions of section 6(g)(3)(B) of the Concerned. (Sections 201, 202) an appeal is filed to render a final deter- The Senate amendment has comparable Forest and Rangeland Renewable Resources mination within 100 days of when the com- Planning Act of 1976 (16 U.S.C. 1604(g)(3)(B)). provisions with minor differences. (Sections plaint or appeal is filed; (106(c)) 201, 202) With respect to Section 104(g) of the House With respect to all agency actions on Fed- bill, the Conference substitute: (1) strikes eral lands, directs a court, in considering a (2) Grants to Improve the Commercial Value of the Senate amendment provision (Section request for injunctive relief, to balance the Forest Biomass; Reporting requirement 1108) regarding collaborative monitoring; impact to the ecosystem of the short-term The House bill establishes biomass com- and (2) adopts the Senate amendment provi- and long-term effects of undertaking the mercial use and value-added grant programs sion (Section 102(g)) regarding monitoring agency action against the short-term and to benefit anyone who owns or operates a fa- with an amendment that allows the Sec- long-term effects of not undertaking the cility to produce energy from biomass, as retary to utilize multiparty monitoring with agency action, and to give deference to any well as a monitoring program for partici- diverse stakeholders in areas where interest agency finding that the balance of harm and pants, while complying with existing endan- in multiparty monitoring exists. (Section the public interest in avoiding the short- gered species protections; authorizes appro- 102(g)) term effects of the agency action is out- priations of $25,000,000 for fiscal years 2004 to (7) Administrative Review weighed by the public interest in avoiding 2008; and requires that the Secretary con- The House bill: long-term harm to the ecosystem. (Section cerned submit a report of the grant programs Directs the Secretary of Agriculture to es- 107) no later than October 1, 2010. (Sections 203, tablish an administrative review process for The Senate amendment: 204) the Forest Service within 90 days after the Requires lawsuits challenging an author- The Senate amendment has a comparable enactment of this Act that will serve as the ized hazardous fuel reduction project to be amendment with minor differences. (Sec- sole means by which a person can seek ad- filed only in the United States district court tions 203, 204) ministrative redress regarding an authorized for the district in which the federal land to With respect to sections 201 and 202 of the hazardous fuels reduction project; (Section be treated is located; (Section 106(a)) House bill and sections 203 and 204 of the 105(a)) Encourages the court to expedite the pro- Senate amendment, the Conference sub- Limits the administrative process to be de- ceedings with the goal of rendering a final stitute adopts an amendment that author- veloped to persons who have submitted spe- determination as soon as practicable; (Sec- izes the Secretary to provide biomass pur- cific and substantive written comments dur- tion 106(b)) chase grants to owners and operators of bio- ing the preparation stage of the project; and Limits the length of any preliminary in- mass facilities that use such materials for (Section 105(b)) junctive relief and stays pending appeal not production of wood-based products or other Clarifies that the Appeals Reform Act re- to exceed 60 days, subject to renewal with a commercial purposes. (Section 203) lating to USFS administrative appeals does requirement that parties to the action shall (3) Improved Biomass Use Research Program present updated information on the status of not apply to an authorized hazardous fuels The Senate amendment amends the Bio- the project; (Section 106(c)(1), (2)) reduction project. (Section 105(c)) mass Research and Development Act of 2000 Directs the court reviewing the project, as The Senate amendment: by adding a silviculture component to the part of its weighing the equities while con- Directs the Secretary of Agriculture to es- program. (Section 205) tablish, within 30 days after the date of the sidering any request for an injunction, to The House has no provision on this subject. enactment of this Act, interim final regula- balance the impact to the ecosystem likely The Conference substitute adopts the Sen- tions to establish a pre-decisional adminis- affected by the project of the short- and ate provision. (Section 201) trative review process that will serve as the long-term effects of undertaking the agency (4) Rural Revitalization Through Forestry sole means by which a person can seek ad- action against the short- and long-term ef- ministrative review regarding an authorized fects of not undertaking the agency action. The Senate amendment establishes a pro- hazardous fuel reduction project on National (Section 106(c)(3)) gram to facilitate small business use of bio- Forest System land; (Section 105(a)) The Conference substitute adopts the Sen- mass and authorizes appropriations of Requires the Secretary to establish final ate provision. (Section 106) $5,000,000 for fiscal years 2004 to 2008 to carry regulations after a time period for public (9) Effect of Title; Rules of Construction out the program. The program is established comment; (Section 105(b)) The House bill clarifies that nothing in by amending the Food, Agriculture, Con- Provides that a person may only bring a this title: servation, and Trade Act of 1990. (Section civil action challenging an authorized haz- shall be construed to affect or limit the use 206) ardous fuel reduction project in a Federal of other authorities by the Secretary con- The House bill has no provision on this district court if the issue was raised during cerned to plan or conduct a hazardous fuels subject. the administrative process and the person reduction project on federal lands; and (Sec- The Conference substitute adopts the Sen- has exhausted the administrative review tion 108(a)) ate provision. (Section 202) process established by the Secretary, with shall be construed to prejudice the consid- TITLE III—WATERSHED FORESTRY ASSISTANCE exceptions for futility or inadequacy claims; eration or disposition of any legal action (1) Findings and Purpose concerning the Roadless Area Conservation and (Section 105(c)) The House bill contains Congressional find- Rule. (Section 108(b)) Clarifies that, with respect to projects and ings that the proper stewardship of forest The Senate amendment provides that activities of the National Forest System lands is essential to sustaining and restoring other than authorized hazardous fuel reduc- nothing in this title affects, or otherwise bi- ases, the use by the Secretary of other statu- the health of watersheds. The purpose of this tion projects, nothing affects, or otherwise title is to improve watershed health by for- biases, the notice, comment, and appeal pro- tory or administrative authority (including categorical exclusions adopted to implement est management practices, such as maintain- cedures for projects and activities of the Na- ing tree cover, buffer strips. (Section 301) tional Forest System contained in part 215 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to conduct a haz- The Senate contains a comparable provi- title 36, Code of Federal Regulations (includ- sion with minor changes. (Section 301) ing related legal actions). (Section 107(b)) ardous fuel reduction project on Federal land The Conference substitute adopts the Sen- (including Federal land identified in section (2) Watershed Forestry Assistance Program ate provisions with an amendment that in- 102(d)) that is not conducted using the proc- The House bill establishes a program to as- corporates the substantive content of House ess authorized by section 104. (Section 107(a)) sist State foresters in expanding stewardship bill section 105(b) and adds clarifying The Conference substitute adopts the Sen- capacities to address watershed issues on changes to section 105(c) of the Senate ate provision. (Section 107) non-Federal lands through technical assist- amendment. (Section 105) (10) Authorization of Appropriations ance and a cost-share program by amending The Managers do not expect the provisions The Senate amendment authorizes $760 the Cooperative Forestry Assistance Act. An in section 105(c)(3)(B) of the Conference sub- million annually for activities under this authorization for appropriations of

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.047 H20PT1 H11696 CONGRESSIONAL RECORD — HOUSE November 20, 2003 $15,000,000 for each of the fiscal years 2004 to other authorities of the Secretary under (6) Technical Assistance through 2008 is also included. (Section 302) other laws, and authorizes such sums as may The House bill directs the Forest Service The Senate contains a comparable provi- be necessary to be appropriated between fis- and U.S. Fish and Wildlife service to provide sion with minor changes and also defines the cal year 2004 and 2008. (Sections 404, 405) participants with technical assistance. (Sec- term Nonindustrial Private Forest Land. The Senate amendment contains com- tion 505) (Section 302) parable provisions with only technical dif- The Senate amendment has a comparable The Conference substitute adopts the Sen- ferences. (Sections 405, 406) provision and also adds that the Secretary ate provision. (Section 302) The Conference substitute adopts the Sen- may enter into cooperative agreements with (3) Tribal Watershed Forestry Assistance ate provisions. (Sections 405, 406) third parties certified as technical service The Senate amendment directs the Sec- TITLE V—HEALTHY FORESTS RESERVE PROGRAM providers. (Section 505) retary of Agriculture to provide assistance (1) Establishment of Program The Conference substitute adopts the Sen- to Indian tribes for expanding forestry The House bill directs the Secretary of Ag- ate provision. (Section 505) projects and to address watershed issues on riculture to establish a program with the tribal lands and provides the same basic au- (7) Safe Harbor purpose of protecting, restoring, and enhanc- thorities for Indian tribes as are provided in The House bill instructs the Secretary of ing forest ecosystems to promote the recov- Section 302. (Section 303) Interior to provide safe harbor to landowners The House bill has no comparable provi- ery of endangered species, improve biodiver- who enroll land in this program when enroll- sion. sity, and enhance carbon sequestration. (Sec- ment results in a net conservation benefit The Conference substitute adopts the Sen- tion 501) for listed species. (Section 506) ate provision. (Section 303) The Senate amendment has a comparable The Senate amendment has a comparable provision. (Section 501) TITLE IV—INSECT INFESTATIONS provision and also provides that the cost of The Conference substitute adopts the Sen- (1) Definitions, Findings, and Purpose any additional measures taken besides those ate provision. (Sections 501) covered in the restoration plan will be con- The House bill defines the terms Applied (2) Eligibility and Enrollment of Lands in Pro- Silvicultural Assessment, Federal Lands, sidered part of the restoration plan for finan- gram Secretary Concerned, 1890 Institutions. The cial purposes. (Section 506) bill also contains Congressional findings The House bill specifies lands eligible for The Conference substitute adopts the Sen- that insect infestations have many adverse enrollment and lists eligibility and enroll- ate provision. (Section 506) effects on forest health, and states that the ment requirements for program participants, (8) Authorization of Appropriations including enrollment priorities for land with purpose of this title is to require the Sec- The House bill authorizes to be appro- threatened and endangered species. (Section retary concerned to develop an assessment priated $15,000,000 for each of the fiscal years program to combat insect infestations, to 502 (a), (b), (c), (f)) The Senate amendment has comparable 2004 through 2008. (Section 507) enlist the assistance of educational institu- The Senate amendment authorizes to be tions, and to carry out applied silvicultural provisions with minor differences. (Section 502 (a), (b), (c), (d), (g)) appropriated $25,000,000 for fiscal year 2004 assessments. (Section 401) and such sums necessary for each of the fis- The Senate bill contains comparable provi- The Conference substitute adopts the Sen- cal years 2005–2008. (Section 508) sions and also defines the term Forest Dam- ate provisions. (Section 502 (a), (b), (c), (d), The Conference substitute adopts the Sen- aging Insect. (Sections 401, 402) (g)) ate provision. (Section 508) The Conference substitute adopts the Sen- (3) Maximum Enrollment; Methods of Enroll- ate provision. (Sections 401, 402) ment TITLE VI—MISCELLANEOUS PROVISIONS (2) Accelerated Information Gathering Regard- The House bill establishes a maximum en- (1) Inventory and Monitoring Program ing Forest Damaging Insects rollment of 1,000,000 acres, and authorizes The House bill instructs the Secretary of The House bill establishes a program for acres to be enrolled through a permanent Agriculture to carry out a program to mon- information gathering on bark beetles, in- easement with buyback option, a 30–year itor forest stands on National Forest System cluding Southern pine beetles, hemlock easement, or a 10–year agreement for en- lands and private lands; lists issues to be ad- woolly adelgids, emerald ash borers, red oak rolled lands under this program. (Section 502 dressed; establishes an early warning sys- borers, and white oak borers, to assist land (d) and (e)) tem; and authorizes $5,000,000 for each of the managers in the development of treatments The Senate amendment establishes a max- fiscal years 2004 through 2008 for such activi- to improve forest health, and disseminate re- imum enrollment of 2,000,000 acres, and au- ties. (Section 601) sults in cooperation with scientists from uni- thorizes acres to be enrolled through agree- The Senate amendment has a comparable versity and forestry schools. (Section 402) ments of not more than 99 years with no provision that also lists specific means and The Senate amendment contains a com- buyback option, 30–year agreements; or 10– offices for carrying out the program, and au- parable provision with minor changes and year cost share agreements. (Section 502 (e) thorizes such sums as are necessary to carry expands program to include all forest-dam- and (f)) out this section without fiscal year limita- aging insects and associated diseases. (Sec- The Conference substitute adopts the Sen- tion. (Section 1101) tion 403) ate provision with respect to maximum en- The Conference substitute adopts the The Conference substitute adopts the Sen- rollment (502(e) and the House provision with House provision. (Title VI) ate provision. (Section 403) an amendment with respect to methods of The managers expect the Secretary to con- (3) Applied Silvicultural Assessments enrollment to allow for 10–year cost share sult and collaborate with the National Aero- The House bill enables the Secretary con- agreements, and 30–year and up to 99–year nautics and Space Administration, Stennis cerned to conduct applied silvicultural as- easements. (Section 502(f)) Space Center in carrying out this title. sessments on federal lands that the Sec- (4) Conservation Plans (2) Public Land Corps retary determines in its sole discretion are at risk for infestation with certain named The House bill requires lands enrolled shall The Senate amendment creates a public pests. It limits such assessment areas to 1,000 be subject to a conservation plan developed land corps to carry out rehabilitation acres per assessment; applies an overall acre- by USDA and the US Fish and Wildlife Serv- projects enlisting the help of disadvantaged age limitation to 250,000 acres; requires the ice; requires a description of the permissible young people. The amendment authorizes to Secretary to provide notice of each applied land-use activities; authorizes applicable be appropriated $15,000,000 for each of the fis- silvicultural assessment proposed to be car- State agencies and nonprofit conservation cal years 2004 through 2008. (Title VI) ried out; requires the Secretary to provide organizations to provide technical or finan- The House bill contains no comparable pro- an opportunity for public input; creates a cial assistance in development of the plans; vision. categorical exclusion from further analysis and requires that the plan maximize the en- The Conference substitute strikes the Sen- under NEPA which the environment. (Sec- vironmental benefits per dollar expended. ate provision. tion 403) (Section 503) (3) Rural Community Forestry Enterprise Pro- The Senate amendment has comparable The Senate amendment contains a com- gram parable provision with minor technical dif- provisions. (Sections 502(g)(2), 503, 507) ferences, and expands to all forest-damaging The Conference substitute adopts the Sen- The Senate amendment establishes a pro- insects and associated diseases. The Senate ate provision. (Sections 502(g)(2), 503, 507) gram to assist in the economic revitalization of rural forest research-dependent commu- bill precludes categorical exclusions using (5) Financial Assistance nities. The amendment authorizes to be ap- similar methods from being carried out adja- The House bill specifies maximum cent to one another and subjects them to the propriated $15,000,000 for each of the fiscal amounts of financial assistance for each years 2004 through 2008. (Title VII) extraordinary circumstances procedures. method of enrollment of acres into the (Section 404) The House bill contains no comparable pro- Healthy Forest Reserve. (Section 504) vision. The Conference substitute adopts the Sen- The Senate amendment contains similar The Conference substitute strikes the Sen- ate provision. (Section 404) language (Section 504). ate provision. (4) Relation to Other Laws; Authorization of The Conference substitute adopts the Sen- Appropriations ate provision with an amendment reflecting (4) Firefighters Medical Monitoring Act The House bill provides that authorities of the changes made in the methods of enroll- The Senate amendment provides that the the Secretary under this title are in addition ment. (Section 504) National Institute for Occupational Safety

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.049 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11697 and Health shall monitor the long-term med- gency fuel reduction grant program under Mountain Expansion Area Map I’’ and ical health of those firefighters who fought which the Secretary shall provide grants to ‘‘Green Mountain Expansion Area Map II’’, fires in any area declared a disaster area by State and local agencies to carry out haz- each dated February 20, 2002, which shall be the Federal Government. The amendment ardous fuel reduction projects addressing on file and available for public inspection in authorizes to be appropriated such sums as threats of catastrophic fire that pose a seri- the Office of the Chief of the Forest Service, may be necessary in each of the fiscal years ous threat to human life, as determined by Washington, District of Columbia. (Section 2004 through 2008 to carry out this title. the Forest Service. (Section 1105) 1112) (Title VIII) The House bill contains no comparable pro- The House bill contains no comparable pro- The House bill contains no comparable pro- vision. vision. vision. The Conference substitute strikes the Sen- The Conference substitute strikes the Sen- The Conference substitute strikes the Sen- ate provision. ate provision. ate provision. (11) Eastern Nevada Landscape Coalition (17) Puerto Rico Karst Conservation (5) Disaster Air Quality Monitoring Act The Senate amendment authorizes the Sec- The Senate amendment authorizes and The Senate amendment instructs the Envi- retary of Agriculture and the Secretary of supports conservation efforts to acquire, ronmental Protection Agency to provide the Interior to make grants to the Eastern manage, and protect the tropical forest areas each of its regional offices a mobile air pol- Nevada Landscape Coalition for the study of the Karst Region, with particular empha- lution monitoring network to monitor the and restoration of rangeland and other lands sis on water quality and the protection of emissions of hazardous air pollutants in dis- in Nevada’s Great Basin in order to help as- the aquifers that are vital to the health and aster areas and publish the findings. The sure the reduction of hazardous fuels and for wellbeing of the citizens of the Common- amendment authorizes to be appropriated related purposes. (Section 1106) wealth; and promotes cooperation among the $8,000,000 to carry out this title. (Title IX) The House bill contains no comparable pro- Commonwealth, Federal agencies, corpora- The House bill contains no comparable pro- vision. tions, organizations, and individuals in those vision. conservation efforts. (Section 1113) The Conference substitute strikes the Sen- The Conference substitute strikes the Sen- The House bill contains no comparable pro- ate provision. ate provision. vision. (6) Highlands Region Conservation (12) Sense of Congress Regarding Enhanced Community Fire Protection The Conference substitute strikes the Sen- The Senate amendment recognizes the im- ate provision. The Senate amendment states that it is portance of the water, forest, agricultural, (18) Effective Date of Section 10806 of Farm Se- the sense of Congress to reaffirm the impor- wildlife, recreational and cultural resources curity and Rural Investment Act of the Highlands, and the national signifi- tance of enhanced community fire protection The Senate amendment states Section cance of the Highlands region to the United program, as described in section 10A of the 10806(b)(1) of the Farm Security and Rural States. The amendment authorizes the Sec- Cooperative Forestry Assistance Act of 1978 Investment Act of 2002 (21 U.S.C. 321d; 116 retary of Interior to work in partnership (16 U.S.C. 2106c) (as added by section 8003(b) Stat. 526), is deemed to have first become ef- with the Secretary of Agriculture to provide of the Farm Security and Rural Investment fective 15 days after the date of the enact- financial assistance to the Highlands States Act of 2002 (Public Law 107 09171; 116 Stat. ment of this Act. (Section 1114) to preserve and protect high priority con- 473)). (Section 1107) The House bill contains no comparable pro- servation lands in the Highlands region, and The House bill contains no comparable pro- vision. continues the ongoing Forest Service pro- vision. The Conference substitute strikes the Sen- The Conference substitute strikes the Sen- grams in the Highlands region to assist the ate provision. Highlands States, local units of government ate provision. and private forest and farm landowners in (13) Best-Value Contracting (19) Enforcement of Animal Fighting Prohibi- tions Under the Animal Welfare Act the conservation of lands and natural re- The Senate amendment allows the Secre- sources in the Highlands region. (Title X ) taries to use best value contracting criteria The Senate amendment amends Section 26 The House bill contains no comparable pro- in awarding contracts and agreements. Best- of the Animal Welfare Act. (Section 1115) The House bill contains no comparable pro- vision. value contracting criteria includes the abil- vision. The Conference substitute strikes the Sen- ity of the contractor to meet the ecological The Conference substitute strikes the Sen- ate provision. goals of the projects; the use of equipment ate provision. (7) Emergency Treatment and Reduction of Non- that will minimize or eliminate impacts on native Invasive Plants soils; and benefits to local communities such (20) Changes in Fines for Violation of Public The Senate amendment establishes a pro- as ensuring that the byproducts are proc- Land Regulations During a Fire Ban gram for emergency treatment and reduction essed locally. (Section 1109) The Senate amendment contains provi- of nonnative invasive plants to provide to The House bill contains no comparable pro- sions to modify the penalties for violations State and local governments and agencies, vision. of fire bans. (Section 1116) conservation districts, tribal governments, The Conference substitute strikes the Sen- The House bill contains no comparable pro- and willing private landowners grants for use ate provision. vision. The Conference substitute strikes the Sen- in carrying out hazardous fuel reduction (14) Suburban and Community Forestry and ate provision. projects to address threats of catastrophic Open Space Program; Forest Legacy Pro- From the Committee on Agriculture, for fires that have been determined by the Sec- gram retaries to pose a serious threat, including consideration of the House bill and the Sen- The Senate amendment establishes within work to eradicate Salt Cedar and Russian ate amendments, and modifications com- the Forest Service a program to be known as Olive trees and other brush along the Bosque mitted to conference: the ‘‘Suburban and Community Forestry and lands on the Rio Grande River in the State BOB GOODLATTE, Open Space Program’’ (Section 1110) of New Mexico. (Section 1102) JOHN BOEHNER, The House bill contains no comparable pro- The House bill contains no comparable pro- WILLIAM L. JENKINS, vision. vision. GIL GUTKNECHT, The Conference substitute strikes the Sen- The Conference substitute strikes the Sen- ROBIN HAYES, ate provision. ate provision. CHARLIE STENHOLM, (8) USDA National Agroforestry Center (15) Wildland Firefighter Safety COLLIN C. PETERSON, The Senate amendment amends section The Senate amendment directs the Secre- CAL DOOLEY, 1243 of the Food, Agriculture, Conservation, taries to ensure that any Federal contract or From the Committee on Resources, for con- and Trade Act of 1990 to establish a National agreement entered into with a private entity sideration of the House bill and the Senate Agroforestry Center. (Section 1103) for wildland firefighting services requires amendments, and modifications committed The House bill contains no comparable pro- the entity to provide firefighter training to conference: vision. that is consistent with qualification stand- RICHARD POMBO, The Conference substitute strikes the Sen- ards management direction established by SCOTT MCINNIS, ate provision. the National Wildfire Coordinating Group. GREG WALDEN, (9) Upland Hardwoods Research Center (Section 1111) RICK RENZI, The Senate amendment directs the Sec- The House bill contains no comparable pro- From the Committee on the Judiciary, for retary to establish an upland hardwood re- vision. consideration of sections 106 and 107 of the search center. (Section 1104) The Conference substitute strikes the Sen- House bill, and sections 105, 106, 1115, and The House bill contains no comparable pro- ate provision. 1116 of the Senate amendment and modifica- vision. (16) Green Mountain National Forest Boundary tions committed to conference: The Conference substitute strikes the Sen- Adjustment F. JAMES SENSENBRENNER, Jr. ate provision. The Senate amendment states the bound- LAMAR SMITH, (10) Emergency Fuel Reduction Grants aries of the Green Mountain National Forest Managers on the Part of the House. The Senate amendment instructs the Sec- are modified to include all parcels of land de- retary of Agriculture to establish an emer- picted on the forest maps entitled ‘‘Green THAD COCHRAN,

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.051 H20PT1 H11698 CONGRESSIONAL RECORD — HOUSE November 20, 2003

MITCH MCCONNELL, vices; Cardiovascular Devices; Reclassifica- Commission, transmitting the Commission’s MICHAEL CRAPO, tion of the Arrhythmia Detector and Alarm final rule — Amendment of Parts 2,25 of the PETE V. DOMENICI, [Docket Nos. 1994N-0418 and 1996P-0276] re- Commission’s Rules to Permit Operation of TOM DASCHLE, ceived November 17, 2003, pursuant to 5 NGSO FSS Sysytems Co-Frequency with Managers on the Part of the Senate. U.S.C. 801(a)(1)(A); to the Committee on En- GSO and Terrestrial Systems in Ku-Band ergy and Commerce. [ET Docket No. 98-206] received October 28, f 5513. A letter from the Director, Regula- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the LEAVE OF ABSENCE tions Policy and Management Staff, Food Committee on Energy and Commerce. and Drug Administration, Department of 5522. A letter from the Attorney Advisor, By unanimous consent, leave of ab- Health and Human Services, transmitting Wireless Telecommunications Bureau, Fed- sence was granted to: the Department’s final rule — Medical De- eral Communications Commission, transmit- Mr. BISHOP of New York (at the re- vices; Immunology and Microbiology De- ting the Commission’s final rule — Amend- quest of Ms. PELOSI) for November 19th vices; Classification of the West Nile Virus ment of Parts 2 and 87 of the Commission’s on account of illness. IgM Capture Elisa Assay [Docket No. 2003P- Rules to Accomodate Advanced Digital Com- 0450] received November 17, 2003, pursuant to munications in the 117.975-137 MHz Band and f 5 U.S.C. 801(a)(1)(A); to the Committee on to Implement Flight Information Services in SPECIAL ORDERS GRANTED Energy and Commerce. the 136-137 MHz Band [WT Docket No. 00-77 5514. A letter from the Regulations Coordi- RM Nos. 9376, 9462] received November 17, By unanimous consent, permission to nator, Centers for Disease Control and Pre- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the address the House, following the legis- vention, Department of Health and Human Committee on Energy and Commerce. lative program and any special orders Services, transmitting the Department’s 5523. A letter from the Legal Advisor, final rule — Possession, Use, and Transfer of Media Bureau, Federal Communications heretofore entered, was granted to: Commission, transmitting the Commission’s (The following Members (at the re- Select Agents and Toxins — received October 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to final rule — Implementation of LPTV Dig- quest of Mr. HASTINGS of Florida) to re- the Committee on Energy and Commerce. ital Data Services Pilot Project — received vise and extend their remarks and in- 5515. A letter from the Deputy Assistant October 24, 2003, pursuant to 5 U.S.C. clude extraneous material:) Administrator, Office of Diversion Control, 801(a)(1)(A); to the Committee on Energy and Mr. DEFAZIO, for 5 minutes, today. DEA, Department of Justice, transmitting Commerce. 5524. A letter from the Bureau Chief, CGB, Mr. BROWN of Ohio, for 5 minutes, the Department’s final rule — Sale by Fed- eral Departments or Agencies of Chemicals Federal Communications Commission, trans- today. mitting the Commisison’s final rule — Provi- Ms. NORTON, for 5 minutes, today. Which Could Be Used in the Illicit Manufac- ture of Controlled Substances [Docket No. sion of Improved Telecommunications Relay Mr. EMANUEL, for 5 minutes, today. DEA-176F] (RIN: 117-AA47) received Novem- Services and Speech-to-Speech Services for Ms. WOOLSEY, for 5 minutes, today. ber 17, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Individuals with Hearing and Speech Mr. SCHIFF, for 5 minutes, today. to the Committee on Energy and Commerce. Disbilities [CC Docket No. 98-67]; Petition for Mr. HINCHEY, for 5 minutes, today. 5516. A letter from the Attorney-Advisor, Clarification of WorldCom, Inc. — received October 24, 2003, pursuant to 5 U.S.C. Mr. DAVIS of Illinois, for 5 minutes, National Highway Traffic Safety Adminis- 801(a)(1)(A); to the Committee on Energy and today. tration, Department of Transportation, transmitting the Department’s final rule — Commerce. Mr. PALLONE, for 5 minutes, today. 5525. A letter from the Senior Legal Advi- Federal Motor Vehicle Safety Standards; Oc- Mr. HOYER, for 5 minutes, today. sor to the Chief, Media Bureau, Federal Com- cupant Crash Protection [Docket No. NHTSA munications Commission, transmitting the Ms. JACKSON-LEE of Texas, for 5 min- 03-16476, Notice 1] (RIN: 2127-A182) received Commission’s final rule — Amendment of utes, today. November 17, 2003, pursuant to 5 U.S.C. Section 73.202(b), Table of Allotments, FM (The following Members (at the re- 801(a)(1)(A); to the Committee on Energy and Broadcast Stations. (Payson and Camp quest of Mr. BURTON of Indiana) to re- Commerce. Verde, Arizona) [MB Docket No. 03-160 RM- 5517. A letter from the Sr. Legal Advisor to vise and extend their remarks and in- 10706] received October 24, 2003, pursuant to 5 the Chief, Media Bureau, Federal Commu- clude extraneous material:) U.S.C. 801(a)(1)(A); to the Committee on En- nication Commission, transmitting the Com- Mrs. JO ANN DAVIS of Virginia, for 5 ergy and Commerce. mission’s final rule — Implementation of 5526. A letter from the Senior Legal Advi- minutes, today. Section 304 of the Telecommunications Act Mr. SHUSTER, for 5 minutes, today. sor to the Chief, Media Bureau, Federal Com- of 1996 [CS Docket No. 97-80]; Commercial munications Commission, transmitting the Mr. LINCOLN DIAZ-BALART of Florida, Availibility of Navigation Devices; Compat- Commission’s final rule — Amendment of for 5 minutes, today. ibility Between Cable Systems and Con- Section 73.622(b), Table of Allotments, Dig- Mr. GUTKNECHT, for 5 minutes, today sumer Electronic Equipment [PP Docket No. ital Television Broadcast Stations. (Butte, and November 21. 00-67] received November 17, 2003, pursuant to Montana) [MB Docket No. 03-118 RM-10585] Mr. SMITH of New Jersey, for 5 min- 5 U.S.C. 801(a)(1)(A); to the Committee on received October 24, 2003, pursuant to 5 utes, today. Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- 5518. A letter from the Special Assistant to ergy and Commerce. Ms. ROS-LEHTINEN, for 5 minutes, the Bureau Chief, Media Bureau, Federal today. 5527. A letter from the Senior Legal Advi- Communication Commission, transmitting sor to the Chief, Media Bureau, Federal Com- Mr. MARIO DIAZ-BALART of Florida, the Commission’s final rule — Amendment of munications Commission, transmitting the for 5 minutes, today. Section 73.202(b), Table of Allotments, FM Commission’s final rule — Amendment sof Mr. ROHRABACHER, for 5 minutes, Broadcast Stations. (Archer City, Texas) Section 73.622(b), Table of Allotments, Dig- today. [MB DOcket No. 03-116] received October 28, ital Television Broadcast Stations. (Fayette- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ville, Arkansas) [MM Docket No. 01-55 RM- f Committee on Energy and Commerce. 10034] received October 24, 2003, pursuant to 5 ADJOURNMENT 5519. A letter from the Senior Legal Advi- U.S.C. 801(a)(1)(A); to the Committee on En- sor to the Chief, Media Bureau, Federal Com- ergy and Commerce. Mr. THOMAS. Mr. Speaker, I move munication Commission, transmitting the 5528. A letter from the Senior Legal Advi- that the House do now adjourn. Commission’s final rule — Amendment of sor to the Chief, Media Bureau, Federal Com- The motion was agreed to; accord- Section 73.202(b) Table of Allotments, FM munications Commission, transmitting the ingly (at 1 o’clock and 18 minutes Broadcast Stations. (Ehrenberg, Arizona) Commission’s final rule — Amendment of a.m.), the House adjourned until today, [MB Docket No. 03-174 RM-10754] received Oc- Section 73.606(b), Table of Allotments, Tele- tober 31, 2003, pursuant to 5 U.S.C. vision Broadcast Stations. (Bay City, Michi- Friday, November 21, 2003, at 9 a.m. 801(a)(1)(A); to the Committee on Energy and gan) [MM Docket No. 01-84 RM-10067] re- f Commerce. ceived October 24, 2003, pursuant to 5 U.S.C. 5520. A letter from the Senior Legal Advi- 801(a)(1)(A); to the Committee on Energy and EXECUTIVE COMMUNICATIONS, sor, International Bureau, Federal Commu- Commerce. ETC. nication Commission, transmitting the Com- 5529. A letter from the Senior Legal Advi- Under clause 8 of rule XII, executive mission’s final rule — Flexibility for Deliv- sor to the Chief, Media Bureau, Federal Com- ery of Communication by Mobile Satellite munications Commission, transmitting the communications were taken from the Service Providers in the 2 GHz Band, the L- Commission’s final rule — Amendment of Speaker’s table and referred as follows: Band, and the 1.6/2.4 GHz Bands [IB Docket Section 73.202(b) FM Table of Allotments, 5512. A letter from the Director, Regula- No. 01-185] received November 17, 2003, pursu- FM Braodcast Stations. (Harrison, Michigan) tions Policy and Management Staff, Food ant to 5 U.S.C. 801(a)(1)(A); to the Committee [MB Docket No. 03-176 RM-10720] received Oc- and Drug Administration, Department of on Energy and Commerce. tober 24, 2003, pursuant to 5 U.S.C. Health and Human Services, transmitting 5521. A letter from the Chief, Policy and 801(a)(1)(A); to the Committee on Energy and the Department’s final rule — Medical De- Rules Division, Federal Communications Commerce.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.052 H20PT1 November 20, 2003 CONGRESSIONAL RECORD — HOUSE H11699 5530. A letter from the Senior Legal Advi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5546. A letter from the Assistant Secretary sor, International Bureau, Federal Commu- mittee on Energy and Commerce. for Legislative Affairs, Department of State, nications Commission, transmitting the 5538. A letter from the Associate Bureau transmitting certification of a proposed li- Commission’s final rule — Amendment of Chief, WTB, Federal Communications Com- cense for the export of major defense equip- Parts 2 and 25 of the Commission’s Rules to mission, transmitting the Commission’s ment and defense articles to the Republic of Permit Operation of NGSO FSS Systems Co- final rule — Reallocation and Service Rules Korea (Transmittal No. DDTC 118-03), pursu- Frequency with GSO and Terrestrial Sys- for the 698-746 MHz Spectrum Band (Tele- ant to 22 U.S.C. 2776(c); to the Committee on tems in the Ku-Band Frequency Range [ET vision Channels 52-59) [GN Docket No. 01-74; International Relations. Docket No. 98-206] received November 17, FCC 02-185] received November 17, 2003, pur- 5547. A letter from the Assistant Secretary 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- for Legislative Affairs, Department of State, Committee on Energy and Commerce. mittee on Energy and Commerce. transmitting certification of a proposed li- 5531. A letter from the Senior Legal Advi- 5539. A letter from the Attorney Advisor, cense for the export of major defense equip- sor to the Chief, Media Bureau, Federal Com- Federal Communications Commission, trans- ment and defense articles to Belgium (Trans- munications Commission, transmitting the mitting the Commission’s final rule — Im- mittal No. DDTC 103-03), pursuant to 22 Commission’s final rule — Amendment of the plementation of Sections 309(j) and 337 of the U.S.C. 2776(c); to the Committee on Inter- Commission’s Rues for Implementation of its Communications Act of 1934 as Amended [WT national Relations. Cable Operations And Licensing System Docket No. 99-87] received November 13, 2003, 5548. A letter from the Assistant Legal Ad- (COALS) to Allow for Electronic Filing of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- viser for Treaty Affairs, Department of Licensing Applications, Forms, Registra- mittee on Energy and Commerce. State, transmitting copies of international tions and Notifications in the Multichannel 5540. A letter from the Senior Legal Advi- agreements, other than treaties, entered into Video and Cable Television Service and the sor, International Bureau, Federal Commu- by the United States, pursuant to 1 U.S.C. Cable Television Relay Service [CS Docket nications Commission, transmitting the 112b(a); to the Committee on International No. 00-78] received November 17, 2003, pursu- Commission’s final rule — Enforcement of Relations. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Other Nations’ Prohibitions Against the 5549. A letter from the Regulations Coordi- on Energy and Commerce. Uncompleted Call Signaling Configuration of nator, Department of Health and Human 5532. A letter from the Legal Advisor, International Call-back Service [IB Docket Services, transmitting the Department’s Media Bureau, Federal Communications No. 02-18]; Petition for Rulemaking of the ‘‘Major’’ final rule — Medicare Program; Commission, transmitting the Commission’s Telecommunications Resellers Association Part A Premium for 2004 for the Uninsured final rule — Review of the Commission’s To Eliminate Comity-Based Enforcement of Aged and for Certain Disabled Individuals Rules and Policies Affecting the Conversion Other Nations’ Prohibitions Against the Who Have Exhausted Other Entitlement to Digital Television [MM Docket No. 00-39] Uncompleted Call Signaling Configurations [CMS-8018-N] (RIN: 0938-AM33) received No- received November 17, 2003, pursuant to 5 of International Call-back Service [RM-9249] vember 20, 2003, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on En- received November 17, 2003, pursuant to 5 801(a)(1)(A); to the Committee on Ways and ergy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- Means. 5533. A letter from the Assistant Chief, ergy and Commerce. 5550. A letter from the Regulations Coordi- WCB, TAPD, Federal Communications Com- 5541. A letter from the Senior Legal Advi- nator, Department of Health and Human mission, transmitting the Commission’s sor to the Chief, Media Bureau, Federal Com- Services, transmitting the Department’s final rule — Federal-State Joint Board on munications Commissission, transmitting ‘‘Major’’ final rule — Medicare Program; In- Universal Service [CC Docket No. 96-45] re- the Commission’s final rule — Amendment of patient Hospital Deductible and Hospital and ceived November 17, 2003, pursuant to 5 Section 73.202(b), Table of Allotments, FM Extended Care Services Coinsurance U.S.C. 801(a)(1)(A); to the Committee on En- Broadcast Stations. (Glen Falls, Indian Amounts for 2004 [CMS-8016-N] (RIN: 0938- ergy and Commerce. Lake, Malta and Queensbury, New York) AM31) received November 20, 2003, pursuant 5534. A letter from the Senior Legal Advi- [MB DOcket No. 03-105 RM-10671] received to 5 U.S.C. 801(a)(1)(A); to the Committee on sor, International Bureau, Federal Commu- October 28, 2003, pursuant to 5 U.S.C. Ways and Means. nications Commission, transmitting the 801(a)(1)(A); to the Committee on Energy and 5551. A letter from the Acting Chief, Publi- Commission’s final rule — Partial Band Li- Commerce. cations and Regulations Branch, Internal censing and Loading Standards for Earth 5542. A letter from the Director, Office of Revenue Service, transmitting the Service’s Stations in the FSS That Share Spectrum Congressional Affairs, Nuclear Regulatory final rule — Losses Claimed and Income to With Terrestrial Services [IB Docket No. 00- Commission, transmitting the Commission’s be Reported from Lease In/Lease Out Trans- 203; RM-9649], Blanket Licensing for Small final rule — Assesment of Access Authoriza- actions — received October 28, 2003, pursuant Aperture Terminals in the C-Band [SAT- tion Fees (RIN: 3150-AH30) received Novem- to 5 U.S.C. 801(a)(1)(A); to the Committee on PDR-19990910-00091], Routine Licensing of 3.7 ber 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Ways and Means. Meter Transmit and Receive Stations at C- to the Committee on Energy and Commerce. 5552. A letter from the Acting Chief, Publi- Band, and Deployment of Geostationary- 5543. A letter from the transmitting the cations and Regulations Branch, Internal Orbit FSS Earth Stations in the Shared Por- Commission’s final rule — Amdt. of Part 2 of Revenue Service, transmitting the Service’s tion of the Ka-Band, pursuant to 5 U.S.C. the Commission’s Rules to Allocate Spec- final rule — Examination of returns and 801(a)(1)(A); to the Committee on Energy and trum Below 3 GHz for Mobile and Fixed Serv- claims for refund, credit, or abatement; de- Commerce. ices to Support the Introduction of New Ad- termination of correct tax liability (Rev. 5535. A letter from the Senior Legal Advi- vanced Wireless Services [ET Dkt No.00-258]; Proc. 2003-75) received October 24, 2003, pur- sor, International Bureau, Federal Commu- The Establishment of Policies and Service suant to 5 U.S.C. 801(a)(1)(A); to the Com- nications Commission, transmitting the Rules for the Mobile-Satellite Service in the mittee on Ways and Means. Commission’s final rule — Amendment of the 2 GHz Band [IB Dkt. No.99-81]; Amdt. of the 5553. A letter from the Acting Chief, Publi- Commission’s Rules to Establish Rules and Table of Frequency Allocations to Designate cations and Regulations Branch, Internal Policies Pertaining to a Mobile Satellite the 2500-2520/2670-2690 MHz Frequency Bands Revenue Service, transmitting the Service’s Service in the 1610-1626.5/2483.5-2500 MHz Fre- for the Mobile-Satellite Service [RM-9911]; final rule — Business Purpose (Rev. Rul. quency Band [CC Docket No. 92-166] received Petition for Rule Making of the Wireless In- 2003-110) received October 24, 2003, pursuant November 17, 2003, pursuant to 5 U.S.C. formation Networks Forum Concerning the to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and Unlicensed Personal Communications Serv- Ways and Means. Commerce. ice [RM-9498]; Petition for Rule Making of to 5554. A letter from the Acting Chief, Publi- 5536. A letter from the Senior Legal Advi- the Committee on Energy and Commerce. cations and Regulations Branch, Internal sor, International Bureau, Federal Commu- 5544. A letter from the Director, Inter- Revenue Service, transmitting the Service’s nications Commission, transmitting the national Cooperations, Department of De- final rule — Reimbursements and other ex- Commission’s final rule — Review of the fense, transmitting a copy of Transmittal pense allowance arrangements (Rev. Rul. Spectrum Sharing Plan Amoung Non-Geo- No. 20-03 which informs of an intent to sign 2003-106) received October 24, 2003, pursuant stationary Satellite Orbit Mobile Satellite Amendment Number One to the Project Ar- to 5 U.S.C. 801(a)(1)(A); to the Committee on Service Systems in the 1.6/2.4 GHz Bands [IB rangement between the United States and Ways and Means. Docket No. 02-364] received November 17, Canada concerning Distributed Mision Train- 5555. A letter from the Acting Chief, Publi- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ing Technologies, pursuant to 22 U.S.C. cations and Regulations Branch, Internal Committee on Energy and Commerce. 2767(f); to the Committee on International Revenue Service, transmitting the Service’s 5537. A letter from the Senior Legal Advi- Relations. final rule — Amount of Credit (Rev. Rul. sor, International Bureau, Federal Commu- 5545. A letter from the Assistant Secretary 2003-112) received October 24, 2003, pursuant nications Commission, transmitting the for Legislative Affairs, Department of State, to 5 U.S.C. 801(a)(1)(A); to the Committee on Commission’s final rule — The International transmitting certification of a proposed li- Ways and Means. Bureau Revises and Reissues the Commis- cense for the export of major defense equip- 5556. A letter from the Acting Chief, Publi- sion’s List of Foreign Telecommuncations ment and defense articles to Australia cations and Regulations Branch, Internal Carriers that Are Presumed to Possess Mar- (Transmittal No. DDTC 104-03), pursuant to Revenue Service, transmitting the Service’s ket Power in Foreign Telecommunications 22 U.S.C. 2776(c); to the Committee on Inter- final rule — Ruling and determination let- Markets — received November 17, 2003, pur- national Relations. ters (Rev. Proc. 2003-81) received October 24,

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\L20NO7.000 H20PT1 H11700 CONGRESSIONAL RECORD — HOUSE November 20, 2003 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional wildlife refuges; with amendments By Mr. CAPUANO (for himself, Mr. Committee on Ways and Means. (Rept. 108–385). Referred to the Committee of MEEHAN, Mr. FRANK of Massachu- 5557. A letter from the Acting Chief, Publi- the Whole House on the State of the Union. setts, Mr. SESSIONS, Mr. WYNN, and cations and Regulations Branch, Internal Mr. GOODLATTE: Committee of Con- Mr. LYNCH): Revenue Service, transmitting the Service’s ference. Conference report on H.R. 1904. A H.R. 3543. A bill to limit liability under the final rule — Last-in, first-out inventories bill to improve the capacity of the Secretary Comprehensive Environmental Response, (Rev. Rul. 2003-113) received October 24, 2003, of Agriculture and the Secretary of the Inte- Compensation, and Liability Act of 1980 for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rior to plan and conduct hazardous fuels re- service station dealers with respect to the mittee on Ways and Means. duction projects on National Forest System release or threatened release of recycled oil; 5558. A letter from the Acting Chief, Publi- lands and Bureau of Land Management lands to the Committee on Energy and Commerce, cations and Regulations Branch, Internal aimed at protecting communities, water- and in addition to the Committee on Trans- Revenue Service, transmitting the Service’s sheds, and certain other at-risk lands from portation and Infrastructure, for a period to final rule — Examination of returns and catastrophic wildfire, to enhance efforts to be subsequently determined by the Speaker, claims for refund, credit, or abatement; de- protect watersheds and address threats to in each case for consideration of such provi- termination of correct tax liability (Rev. forest and rangeland health, including cata- sions as fall within the jurisdiction of the Proc. 2003-80) received October 24, 2003, pur- strophic wildfire, across the landscape, and committee concerned. suant to 5 U.S.C. 801(a)(1)(A); to the Com- for other purposes (Rept. 108–386). Ordered to By Mr. CASE: mittee on Ways and Means. be printed. H.R. 3544. A bill to direct the Secretary of 5559. A letter from the Acting Chief, Publi- Mr. SESSIONS: Committee on Rules. the Interior to study the suitability and fea- cations and Regulations Branch, Internal House Resolution 456. Resolution providing sibility of designating certain lands along Revenue Service, transmitting the Service’s for consideration of motions to suspend the the southern coast of Maui, Hawaii, as a unit final rule — 2004 Limitations Adjusted As rules (Rept. 108–387). Referred to the House of the National Park System; to the Com- Provided in Section 415(d), etc. [Notice 2003- Calendar. mittee on Resources. 73] received November 17, 2003, pursuant to 5 Mr. HASTINGS of Washington: Committee By Mr. FARR: U.S.C. 801(a)(1)(A); to the Committee on on Rules. House Resolution 457. Resolution H.R. 3545. A bill to establish a program of Ways and Means. waiving points of order against the con- research and other activities to provide for 5560. A letter from the Acting Chief, Publi- ference report to accompany the bill (H.R. the recovery of the southern sea otter; to the cations and Regulations Branch, Internal 1904) to improve the capacity of the Sec- Committee on Resources. Revenue Service, transmitting the Service’s retary of Agriculture and the Secretary of By Ms. DEGETTE (for herself, Ms. final rule — Weighted Average Interest Rate the Interior to plan and conduct hazardous DELAURO, Mr. HINCHEY, Mr. STARK, Update [Notice 2003-74] received November fuels reduction projects on National Forest and Mr. ENGLISH): H.R. 3546. A bill to amend the Federal Meat 17, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to System Lands and Bureau of Land Manage- Inspection Act and the Poultry Products In- the Committee on Ways and Means. ment lands aimed at protecting commu- spection Act to improve the safety of meat 5561. A letter from the Acting Chief, Publi- nities, watersheds, and certain other at-risk and poultry products by enhancing the abil- cations and Regulations Branch, Internal lands from catastrophic wildfire, to enhance ity of the Secretary of Agriculture to re- Revenue Service, transmitting the Service’s efforts to protect watersheds and address trieve the history, use, and location of a final rule — Last-in, first-out inventories threats to forest and rangeland health, in- meat or poultry product through a record- (Rev. Rul. 2003-121) received November 17, cluding catastrophic wildfire, across the keeping and audit system or registered iden- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the landscape, and for other purposes (Rept. 108– tification, and for other purposes; to the Committee on Ways and Means. 388). Referred to the House Calendar. Committee on Agriculture. 5562. A letter from the Acting Chief, Publi- Mr. LINDER: Committee on Rules. House By Ms. DEGETTE (for herself, Ms. cations and Regulations Branch, Internal Resolution 458. Resolution waiving a require- DELAURO, Mr. HINCHEY, Mr. STARK, Revenue Service, transmitting the Service’s ment of clause 6(a) of rule XIII wtih respect and Mr. WAXMAN): final rule — Special Rules for Certain Trans- to consideration of certain resolutions re- H.R. 3547. A bill to amend the Federal Meat actions Where Stated Principal Amount ported from the Committee on Rules (Rept. Inspection Act, the Poultry Products Inspec- Does Not Exceed $2,800,000 (Rev. Rul. 2003- 108–389). Referred to the House Calendar. Ms. PRYCE of Ohio: Committee on Rules. tion Act, and the Federal Food, Drug, and 119) received November 17, 2003, pursuant to House Resolution 459. Resolution waiving a Cosmetic Act to provide for improved public 5 U.S.C. 801(a)(1)(A); to the Committee on requirement of clause 6(a) of rule XIII with health and food safety through enhanced en- Ways and Means. respect to consideration of certain resolu- forcement, and for other purposes; to the 5563. A letter from the Acting Chief, Publi- tions reported from the Committee on Rules Committee on Agriculture, and in addition cations and Regulations Branch, Internal (Rept. 108–390). Referred to the House Cal- to the Committee on Energy and Commerce, Revenue Service, transmitting the Service’s endar. for a period to be subsequently determined final rule — Gross income defined (Rev. Rul. by the Speaker, in each case for consider- 2003-115) received November 3, 2003, pursuant [Submitted November 21 (legislative day of ation of such provisions as fall within the ju- to 5 U.S.C. 801(a)(1)(A); to the Committee on November 20), 2003] risdiction of the committee concerned. Ways and Means. Mr. THOMAS: Committee of Conference. By Mr. DICKS (for himself and Mr. INS- 5564. A letter from the Chief, Regulations Conference report on H.R. 1. A bill to amend title XVIII of the Social Security Act to pro- LEE): Unit, Internal Revenue Service, transmitting H.R. 3548. A bill to amend title 5, United vide for a voluntary program for prescription the Service’s final rule — Definition of Com- States Code, to exclude civilian personnel at drug coverage under the Medicare Program, pany’s Share and Policyholders’ Share (Rev. naval shipyards from the national security to modernize the Medicare Program, and for Rul. 2003-120) received November 17, 2003, personnel system; to the Committee on Gov- other purposes (Rept. 108–391). Ordered to be pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ernment Reform. printed. mittee on Ways and Means. By Mr. HILL (for himself, Mr. SANDLIN, 5565. A letter from the Regulations Coordi- f Mr. LAMPSON, Mr. MCINTYRE, Mr. nator, Department of Health and Human PUBLIC BILLS AND RESOLUTIONS ETHERIDGE, Mr. HOYER, Mr. TANNER, Services, transmitting the Department’s Mr. WU, and Ms. PELOSI): ‘‘Major’’ final rule — Medicare Program; Under clause 2 of rule XII, public H.R. 3549. A bill to amend titles XVIII and Monthly Actuarial Rates and Monthly Sup- bills and resolutions were introduced XIX of the Social Security Act to improve plementary Medical Insurance Premium Be- and severally referred, as follows: payments to providers of services and physi- ginning January 1, 2004 [CMS-8017-N] (RIN: By Mr. SMITH of Michigan (for himself cians furnishing services to Medicare and 0938-AM91) received November 20, 2003, pursu- and Ms. BALDWIN): Medicaid beneficiaries, and for other pur- ant to 5 U.S.C. 801(a)(1)(A); jointly to the H.R. 3540. A bill to extend for an additional poses; to the Committee on Ways and Means, Committees on Ways and Means and Energy year the period for which chapter 12 of title and in addition to the Committee on Energy and Commerce. 11 of the United States Code is reenacted; to and Commerce, for a period to be subse- f the Committee on the Judiciary. quently determined by the Speaker, in each By Mr. LANTOS: case for consideration of such provisions as REPORTS OF COMMITTEES ON H.R. 3541. A bill to provide authority to fall within the jurisdiction of the committee PUBLIC BILLS AND RESOLUTIONS prevent human rights violations by control- concerned. Under clause 2 of rule XIII, reports of ling certain exports, and for other purposes; By Mr. YOUNG of Alaska (for himself, committees were delivered to the Clerk to the Committee on International Rela- Mr. OBERSTAR, Mr. PETRI, Mr. LIPIN- SKI, Mr. BOEHLERT, Mr. RAHALL, Mr. for printing and reference to the proper tions. By Ms. BALDWIN (for herself, Mr. COBLE, Mr. DEFAZIO, Mr. DUNCAN, Mr. calendar, as follows: SMITH of Michigan, and Mr. HOLDEN): COSTELLO, Mr. GILCHREST, Ms. NOR- Mr. POMBO: Committee on Resources. H.R. 3542. A bill to extend for 6 months the TON, Mr. MICA, Mr. NADLER, Mr. H.R. 2408. A bill to amend the Fish and Wild- period for which chapter 12 of title 11 of the HOEKSTRA, Mr. MENENDEZ, Mr. QUINN, life Act of 1956 to reauthorize volunteer pro- United States Code is reenacted; to the Com- Ms. CORRINE BROWN of Florida, Mr. grams and community partnerships for na- mittee on the Judiciary. EHLERS, Mr. FILNER, Mr. BACHUS, Ms.

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EDDIE BERNICE JOHNSON of Texas, Mr. nitrogen oxide emission credits under the relating to cargo theft prevention, and for LATOURETTE, Mr. TAYLOR of Mis- Environmental Protection Agency’s nitrogen other purposes; to the Committee on the Ju- sissippi, Mrs. KELLY, Ms. MILLENDER- oxide trading program without the consent diciary, and in addition to the Committee on MCDONALD, Mr. BAKER, Mr. of the State in which such source is located, Transportation and Infrastructure, for a pe- CUMMINGS, Mr. NEY, Mr. and for other purposes; to the Committee on riod to be subsequently determined by the BLUMENAUER, Mr. LOBIONDO, Mrs. Energy and Commerce. Speaker, in each case for consideration of TAUSCHER, Mr. MORAN of Kansas, Mr. By Mr. NADLER (for himself, Mr. RAN- such provisions as fall within the jurisdic- PASCRELL, Mr. GARY G. MILLER of GEL, Mr. MCNULTY, Mr. HOUGHTON, tion of the committee concerned. California, Mr. BOSWELL, Mr. BEREU- Mrs. MCCARTHY of New York, Mr. By Mr. STRICKLAND: TER, Mr. HOLDEN, Mr. ISAKSON, Mr. CROWLEY, Mr. ENGEL, Mr. BOEHLERT, H.R. 3564. A bill to remove United States LAMPSON, Mr. HAYES, Mr. BAIRD, Mr. Mr. SERRANO, Mr. OWENS, Mr. fair trade laws from the World Trade Organi- SIMMONS, Ms. BERKLEY, Mrs. CAPITO, WEINER, Mr. HINCHEY, Mrs. MALONEY, zation dispute settlement system process; to Mr. HONDA, Mr. BROWN of South Ms. SLAUGHTER, and Mrs. LOWEY): the Committee on Ways and Means. Carolina, Mr. LARSEN of Washington, H.R. 3556. A bill to provide for income tax By Mr. STUPAK: Mr. JOHNSON of Illinois, Mr. CAPUANO, treatment relating to certain losses arising H.R. 3565. A bill to provide that a grantee Mr. REHBERG, Mr. WEINER, Mr. from, and grants made as a result of, the may not receive the full amount of a block PLATTS, Ms. CARSON of Indiana, Mr. September 11, 2001, terrorist attacks on New grant under the Local Law Enforcement GRAVES, Mr. HOEFFEL, Mr. KENNEDY York City; to the Committee on Ways and Block Grant program unless that grantee of Minnesota, Mr. THOMPSON of Cali- Means. adopts a health standard establishing a legal fornia, Mr. SHUSTER, Mr. BISHOP of By Ms. PELOSI (for herself, Mr. COX, presumption that heart, lung, and res- New York, Mr. BOOZMAN, Mr. Mr. BAIRD, Mr. DOOLEY of California, piratory disease are occupational diseases MICHAUD, Mr. CHOCOLA, Mr. DAVIS of Mr. LANTOS, Ms. LOFGREN, and Ms. for public safety officers and to provide that Tennessee, Mr. BEAUPREZ, Mr. BUR- WOOLSEY): such diseases are presumed to be sustained GESS, Mr. BURNS, Mr. PEARCE, Mr. H.R. 3557. A bill to designate the United in the performance of duty, and for other GERLACH, Mr. MARIO DIAZ-BALART of States courthouse located at 95 Seventh purposes; to the Committee on the Judici- Florida, Mr. PORTER, Mr. MATHESON, Street in San Francisco, California, as the ary, and in addition to the Committee on and Mr. CARSON of Oklahoma): ‘‘James R. Browning United States Government Reform, for a period to be sub- H.R. 3550. A bill to authorize funds for Fed- Courthouse‘‘; to the Committee on Transpor- sequently determined by the Speaker, in eral-aid highways, highway safety programs, tation and Infrastructure. each case for consideration of such provi- and transit programs, and for other purposes; By Mr. PITTS (for himself and Mr. sions as fall within the jurisdiction of the to the Committee on Transportation and In- MARKEY): committee concerned. frastructure. H.R. 3558. A bill to amend the Communica- By Mr. WALDEN of Oregon: By Mr. EHLERS: tions Act of 1934 to protect the privacy H.R. 3566. A bill to amend the Cooperative H.R. 3551. A bill to authorize appropria- rights of subscribers to wireless communica- Forestry Assistance Act of 1978 to establish a tions to the Department of Transportation tions services; to the Committee on Energy program using geospatial and information for surface transportation research and de- and Commerce. management technologies to inventory, velopment, and for other purposes; to the By Mr. PLATTS: monitor, characterize, assess, and identify Committee on Science, and in addition to H.R. 3559. A bill to amend title 10, United forest stands and potential forest stands, and the Committee on Transportation and Infra- States Code, to allow faculty members at De- for other purposes; to the Committee on Ag- structure, for a period to be subsequently de- partment of Defense service academies and riculture, and in addition to the Committee termined by the Speaker, in each case for schools of professional military education to on Resources, for a period to be subsequently consideration of such provisions as fall with- secure copyrights for certain scholarly determined by the Speaker, in each case for in the jurisdiction of the committee con- works that they produce as part of their offi- consideration of such provisions as fall with- cerned. cial duties in order to submit such works for in the jurisdiction of the committee con- By Mr. KING of New York: publication, and for other purposes; to the cerned. H.R. 3552. A bill to amend the Foreign In- Committee on the Judiciary, and in addition By Mr. WU: telligence Surveillance Act of 1978 to cover to the Committees on Transportation and In- H.R. 3567. A bill to require the General Ac- individuals, other than United States per- frastructure, and Armed Services, for a pe- counting Office to conduct an investigation sons, who engage in international terrorism riod to be subsequently determined by the of the high price of college textbooks; to the without affiliation with an international ter- Speaker, in each case for consideration of Committee on Education and the Workforce. rorist group; to the Committee on the Judi- such provisions as fall within the jurisdic- By Mr. WELDON of Pennsylvania (for ciary, and in addition to the Committee on tion of the committee concerned. himself, Ms. HARMAN, Mr. KIRK, Mr. Intelligence (Permanent Select), for a period By Ms. SCHAKOWSKY (for herself, Mr. BERMAN, Mr. SOUDER, Mr. CARDOZA, to be subsequently determined by the Speak- CONYERS, Ms. MCCOLLUM, Mr. TOWNS, Mr. WILSON of South Carolina, Mr. er, in each case for consideration of such pro- Mr. ACEVEDO-VILA, Ms. LEE, Mrs. MEEK of Florida, Mr. NUNES, Mr. visions as fall within the jurisdiction of the CHRISTENSEN, Mr. EMANUEL, Mr. LI- LAHOOD, Mr. JONES of North Caro- committee concerned. PINSKI, Mr. PALLONE, Ms. MILLENDER- lina, Mr. CASE, Mr. DEUTSCH, and Mr. By Mr. LAHOOD (for himself, Mr. MCDONALD, Mrs. JONES of Ohio, and SHAW): HASTERT, Mr. RUSH, Mr. JACKSON of Mr. CUMMINGS): H. Con. Res. 332. Concurrent resolution ex- Illinois, Mr. LIPINSKI, Mr. GUTIERREZ, H.R. 3560. A bill to amend the temporary pressing the deep concern of Congress re- Mr. EMANUEL, Mr. HYDE, Mr. DAVIS of assistance to needy families program under garding the failure of the Islamic Republic of Illinois, Mr. CRANE, Ms. SCHAKOWSKY, part A of title IV of the Social Security Act Iran to adhere to its obligations under a Mr. KIRK, Mr. WELLER, Mr. COSTELLO, to provide grants for transitional jobs pro- safeguards agreement with the International Mrs. BIGGERT, Mr. JOHNSON of Illi- grams, and for other purposes; to the Com- Atomic Energy Agency and the engagement nois, Mr. MANZULLO, Mr. EVANS, Mr. mittee on Ways and Means, and in addition by Iran in activities that appear to be de- SHIMKUS, Mr. ISSA, Mr. UPTON, Mr. to the Committee on Education and the signed to develop nuclear weapons; to the RAHALL, Mr. WAXMAN, and Ms. Workforce, for a period to be subsequently Committee on International Relations. SLAUGHTER): determined by the Speaker, in each case for By Ms. MILLENDER-MCDONALD (for H.R. 3553. A bill to establish the Abraham consideration of such provisions as fall with- herself and Mr. TOM DAVIS of Vir- Lincoln National Heritage Area, and for in the jurisdiction of the committee con- ginia): other purposes; to the Committee on Re- cerned. H. Con. Res. 333. Concurrent resolution ex- sources. By Mr. SHAW: pressing support and appreciation for the By Mr. MCDERMOTT (for himself, Mr. H.R. 3561. A bill to amend the Internal Rev- longstanding alliance between the United WU, Mr. DEFAZIO, Mr. INSLEE, Ms. enue Code of 1986 to provide a shorter recov- States and the Republic of Korea, and for KILPATRICK, and Mr. LARSEN of Wash- ery period for the depreciation of certain im- other purposes; to the Committee on Inter- ington): provements to retail space; to the Com- national Relations. H.R. 3554. A bill to amend the Temporary mittee on Ways and Means. By Mr. GEORGE MILLER of California Extended Unemployment Compensation Act By Mr. SHUSTER: (for himself, Ms. WOOLSEY, and Mr. and the Federal-State Extended Unemploy- H.R. 3562. A bill to amend the Internal Rev- MEEKS of New York): ment Compensation Act to temporarily enue Code of 1986 to allow businesses a credit H. Con. Res. 334. Concurrent resolution ex- allow States to disregard the look-back re- for security devices, assessments, and other pressing the sense of Congress that ‘‘Kids quirement of these Acts for purposes of de- security-related expenses; to the Committee Love a Mystery Month‘‘should be estab- termining unemployment insurance eligi- on Ways and Means. lished; to the Committee on Government Re- bility; to the Committee on Ways and Means. By Mr. STEARNS (for himself and Mr. form. By Mr. MORAN of Virginia: UPTON): By Mrs. TAUSCHER (for herself, Mr. H.R. 3555. A bill to amend the Clean Air H.R. 3563. A bill to coordinate cargo theft GEORGE MILLER of California, Mr. Act to prohibit stationary sources located in crime data collection and to amend title 18, TAYLOR of Mississippi, Mr. COOPER, ozone nonattainment areas from purchasing United States Code, to make improvements Ms. PELOSI, Mr. SKELTON, Mr. MORAN

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of Virginia, Mr. MCGOVERN, Mr. DEGETTE, Mr. DEUTSCH, Mr. DOOLEY of Cali- Mr. LAMPSON, Mr. LANTOS, Mr. LIPINSKI, Ms. DAVIS of Tennessee, Mr. UDALL of fornia, Mr. DOYLE, Mr. ETHERIDGE, Mr. FARR, LOFGREN, Ms. MAJETTE, Mr. NADLER, Mr. New Mexico, Mr. VAN HOLLEN, Ms. Mr. GREEN of Texas, Mr. HINCHEY, Mr. OLIVER, Mr. ORTIZ, Ms. LINDA T. SANCHEZ of LEE, Mr. RYAN of Ohio, Ms. WATSON, HOLDEN, Mr. HOLT, Mr. INSLEE, Mr. JEFFER- California, Mr. SCOTT of Georgia, Mr. SHAYS, Mr. EVANS, Mr. KILDEE, Mr. TOWNS, SON, Mr. KANJORSKI, Mr. KENNEDY of Rhode Ms. SLAUGHTER, Mr. TURNER of Texas, Mr. Mr. KENNEDY of Rhode Island, Mr. Island, Ms. KILPATRICK, Mr. LANTOS, Mr. LI- WYNN, Mr. DEFAZIO, Mr. DOGGETT, and Ms. MEEHAN, Mr. RANGEL, Mr. INSLEE, PINSKI, Mrs. MALONEY, Mr. MCDERMOTT, Mr. BALDWIN. Mr. ISRAEL, Mr. BLUMENAUER, Mr. MENENDEZ, Mr. GEORGE MILLER of California, H.R. 1919: Mr. JOHN. MCDERMOTT, Ms. ESHOO, Mr. LANTOS, Mr. MOORE, Mr. PRICE of North Carolina, Mr. H.R. 1958: Mr. PAYNE. Ms. DELAURO, Ms. NORTON, Mr. REYES, Mr. RODRIGUEZ, Mr. RUPPERSBERGER, H.R. 1998: Mr. TERRY. LARSEN of Washington, Ms. LOFGREN, Mr. RUSH, Mr. SABO, Mr. SANDERS, Mr. SNY- H.R. 2093: Mr. SESSIONS. Mrs. MALONEY, Mr. BELL, Mr. LYNCH, DER, Mr. STUPAK, Mr. VAN HOLLEN, Ms. H.R. 2131: Mr. GUTIERREZ, Mrs. BONO, Mr. Mr. GRIJALVA, Mr. CASE, Mr. WOOLSEY, Mr. PASCRELL, Mr. OLVER, Mr. BONILLA, Mr. FRANKS of Arizona, Mr. CARDOZA, Mr. MATHESON, Ms. WOOL- KUCINICH, and Ms. MCCARTHY of Missouri, WELLER, Mr. NUNES, and Mr. TOOMEY. SEY, Ms. MCCARTHY of Missouri, Mr. H.R. 527: Mr. GALLEGLY. H.R. 2217: Mr. PAYNE, Mr. DEUTSCH, Mr. FROST, Mr. BROWN of Ohio, Mr. FARR, H.R. 528: Mr. LANTOS. LEWIS of Georgia, Mr. RANGEL, and Mr. LI- Mr. HONDA, Mrs. CAPPS, Ms. MCCOL- H.R. 645: Mr. STENHOLM, Mrs. MUSGRAVE, PINSKI. LUM, Mr. DELAHUNT, Ms. SOLIS, Ms. and Mr. BOOZMAN. H.R. 2239: Mr. LEWIS of Georgia. JACKSON-LEE of Texas, and Mr. H.R. 648: Mrs. MUSGRAVE. H.R. 2262: Mr. EVANS. SERRANO): H.R. 717: Mr. LANGEVIN. H.R. 2295: Mr. BOUCHER. H. Con. Res. 335. Concurrent resolution rec- H.R. 770: Ms. KAPTUR. H.R. 2347: Mr. MURPHY. ognizing the sacrifices made by members of H.R. 852: Mrs. JONES of Ohio and Ms. H.R. 2404: Mr. PITTS and Mr. HALL. the regular and reserve components of the MILLENDER-MCDONALD. H.R. 2604: Mr. FOLEY. Armed Forces, expressing concern about H.R. 857: Mr. RUSH, Mr. RAHALL, Mr. H.R. 2628: Mr. CROWLEY. their safety and security, and urging the BISHOP of New York, Mr. INSLEE, Mr. H.R. 2720: Mr. MANZULLO and Mrs. LOWEY. Secretary of Defense to take immediate HOEFFEL, Mr. ENGLISH, Mr. JACKSON of Illi- H.R. 2809: Mr. GREENWOOD, Mr. TANCREDO, steps to ensure that the reserve components nois, Ms. EDDIE BERNICE JOHNSON of Texas, and Mr. ENGLISH. are provided with the same equipment as the Mr. MEEKS of New York, and Ms. MILLENDER- H.R. 2810: Mr. GREENWOOD, Mr. TANCREDO, regular component; to the Committee on MCDONALD. and Mr. ENGLISH. Armed Services. H.R. 876: Mr. BURNS, Mr. BROWN of Ohio, H.R. 2837: Ms. WOOLSEY. H.R. 2880: Ms. LORETTA SANCHEZ of Cali- By Mrs. JONES of Ohio (for herself, Ms. JACKSON-LEE of Texas, Mr. BARTLETT of fornia. Ms. PRYCE of Ohio, Mr. DINGELL, Mr. Maryland, Mr. PAUL, Mr. CRENSHAW, Mr. H.R. 2911: Mr. WAXMAN, Mr. MEEHAN, Ms. TIBERI, Mr. TURNER of Ohio, Mr. BOEHNER, Mr. LUCAS of Kentucky, Mr. LIPIN- MILLENDER-MCDONALD, Mr. GREEN of Texas, OXLEY, Mr. GILLMOR, Mr. STRICK- SKI, Mrs. JONES of Ohio, Mr. LANTOS, Mrs. Ms. WOOLSEY, Mrs. JONES of Ohio, Mrs. LAND, Ms. KAPTUR, Mr. KUCINICH, Mr. MUSGRAVE, Mr. HEFLEY, Mr. CULBERSON, Mr. CHRISTENSEN, and Ms. SOLIS. BROWN of Ohio, Mr. LATOURETTE, Mr. DAVIS of Alabama, Ms. LEE, Mr. MCGOVERN, H.R. 2938: Ms. JACKSON-LEE of Texas and RYAN of Ohio, Mr. NEY, Mr. KILDEE, Mr. MCNULTY, and Mr. SKELTON. Mr. SOUDER. Mr. UPTON, Mrs. MILLER of Michigan, H.R. 936: Mr. HASTINGS of Florida. H.R. 2968: Mr. PRICE of North Carolina. Mr. PORTMAN, Mr. LEVIN, Ms. KIL- H.R. 955: Mr. OWENS. H.R. 2986: Mr. DUNCAN, Mr. PASCRELL, Mr. PATRICK, Mr. CONYERS, Mr. H.R. 997: Mr. SAXTON. CUMMINGS, Mr. FRANKS of Arizona, Mr. LIPIN- MCCOTTER, Mr. HOBSON, and Mr. H.R. 1034: Ms. MCCOLLUM, Mr. RANGEL, SKI, Mr. COSTELLO, and Mr. HEFLEY. FORD): Mrs. CAPPS, and Mr. GRIJALVA. H.R. 3035: Mr. MOORE. H. Res. 460. A resolution congratulating H.R. 1043: Mr. MCHUGH. H.R. 3029: Mrs. KELLY. The Ohio State University and the Univer- H.R. 1045: Mr. WEINER. H.R. 3049: Ms. BALDWIN. sity of Michigan on the 100th football game H.R. 1052: Mr. LEWIS of Georgia. H.R. 3109: Mr. BACHUS, Mr. BALLANCE, Mr. between the two teams and recognizing their H.R. 1102: Mr. LEACH and Mr. BARRETT of South Carolina, Mr. BOEHLERT, rivalry as the greatest sports rivalry in his- RUPPERSBERGER. H.R. 1117: Mr. HOSTETTLER and Mr. Mr. BONNER, Mrs. BONO, Mr. BRADLEY of New tory; to the Committee on Education and the TANCREDO. Hampshire, Mr. COBLE, Mrs. EMERSON, Mr. Workforce. H.R. 1125: Mr. SOUDER. GOODE, Mr. GUTKNECHT, Mr. HOSTETTLER, Mr. By Mr. WEXLER (for himself, Mr. H.R. 1155: Mr. RUSH and Mr. SHAW. HUNTER, Mr. KINGSTON, Mr. KNOLLENBERG, GRIJALVA, Mr. TOWNS, Mr. HASTINGS H.R. 1157: Mr. SPRATT. Mr. KOLBE, Mr. LAHOOD, Mr. LUCAS of Okla- of Florida, Ms. MCCOLLUM, Mr. CROW- H.R. 1285: Mr. KANJORSKI, Mr. LYNCH, Mr. homa, Mrs. MYRICK, Mrs. NORTHUP, Mr. LEY, Mr. DEUTSCH, Mr. SERRANO, Mr. RAHALL, and Mr. DAVIS of Tennessee. QUINN, Mr. REYNOLDS, Mr. ROHRABACHER, Mr. HINCHEY, Ms. WOOLSEY, Mr. H.R. 1336: Mrs. CAPPS and Mr. HASTINGS of SAXTON, Mr. SCHROCK, Mr. SHUSTER, Mr. MCDERMOTT, Mr. WAXMAN, Ms. Washington. SMITH of New Jersey, Mr. SMITH of Texas, MILLENDER-MCDONALD, Mr. MARKEY, H.R. 1389: Ms. LINDA T. SANCHEZ of Cali- Mr. SOUDER, Mr. SWEENEY, and Mr. WOLF. Mr. CLAY, and Ms. NORTON): fornia. H.R. 3120: Ms. CARSON of Indiana. H. Res. 461. A resolution expressing the H.R. 1430: Ms. WOOLSEY. H.R. 3142: Mr. REHBERG, Mr. BOSWELL, Mr. sense of the House of Representatives with H.R. 1513: Mr. PORTER and Mr. GARRETT of ENGLISH, and Mr. GEORGE MILLER of Cali- respect to the American Association of Re- New Jersey. fornia. tired Persons and the Republican Medicare H.R. 1523: Ms. CARSON of Indiana. H.R. 3190: Mr. LATHAM, Mr. BRADY of prescription drug bill; to the Committee on H.R. 1532: Mr. LARSEN of Washington, Mr. Texas, Mr. NORWOOD, Mr. AKIN, Mr. HERGER, Energy and Commerce, and in addition to RUPPERSBERGER, Ms. LOFGREN, Mr. UPTON, Mr. TURNER of Texas, and Mr. EVERETT. the Committee on Ways and Means, for a pe- Mr. EVANS, Mr. RUSH, and Mr. NEAL of Mas- H.R. 3191: Mr. REHBERG, Mr. HAYWORTH, riod to be subsequently determined by the sachusetts. and Mr. JANKLOW. Speaker, in each case for consideration of H.R. 1552: Mr. ANDREWS and Ms. MCCARTHY H.R. 3194: Mr. LEWIS of Georgia and Mr. such provisions as fall within the jurisdic- of Missouri. RANGEL. tion of the committee concerned. H.R. 1582: Mr. NETHERCUTT. H.R. 3204: Mr. BURR, Mrs. JO ANN DAVIS of f H.R. 1659: Mr. SCHIFF. Virginia, Mr. GILCHREST, Mr. GILLMOR, Mr. H.R. 1684: Mr. TOWNS, Mrs. CAPPS, and Mr. HASTINGS of Washington, Mr. LINDER, Mr. ADDITIONAL SPONSORS MEEHAN. LUCUS of Oklahoma, Mr. MICA, Mr. MORAN of Under clause 7 of rule XII, sponsors H.R. 1746: Mr. ABERCROMBIE, Mr. UDALL of Kansas, Mr. PORTMAN, Mr. SAXTON, and Mr. were added to public bills and resolu- New Mexico, Mr. JENKINS, Mr. JACKSON of Il- SHAYS. linois, and Mr. KIRK. H.R. 3215: Mr. TIAHRT and Mr. SESSIONS. tions as follows: H.R. 1749: Mr. HOBSON. H.R. 3228: Mr. BROWN of Ohio. H.R. 58: Mr. SIMPSON, Mr. SHIMKUS, and Mr. H.R. 1767: Mr. GINGREY and Mr. TOM DAVIS H.R. 3230: Mr. PAUL. GUTIERREZ. of Virginia. H.R. 3244: Mr. POMEROY. H.R. 173: Mr. JEFFERSON. H.R. 1812: Ms. CARSON of Indiana and Mr. H.R. 3261: Mr. WEXLER, Mr. TURNER of H.R. 375: Mr. COLE and Mr. BRADY of Penn- DOOLEY of California. Ohio, Mr. PORTMAN, and Mr. DELAHUNT. sylvania. H.R. 1873: Mrs. JONES of Ohio. H.R. 3263: Ms. ROS-LEHTINEN, Mr. GREEN of H.R. 525: Mr. ACKERMAN, Mr. ALLEN, Mr. H.R. 1895: Mr. HINCHEY and Mr. PAYNE. Wisconsin, Mr. ENGEL, Mr. HOEFFEL, and Mr. BAIRD, Mr. BRADY of Pennsylvania, Mr. H.R. 1910: Mr. SCOTT of Georgia. BERMAN. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, H.R. 1914: Mr. AKIN, Mr. CASTLE, Mr. H.R. 3275: Mr. LEWIS of Georgia and Mr. Mr. CARDIN, Mr. CARDOZA, Mr. CARSON of COSTELLO, Mr. DAVIS of Alabama, Mr. OLVER. Oklahoma, Ms. CARSON of Indiana, Mr. CLAY, DEUTSCH, Mr. DINGELL, Mr. ENGEL, Mr. H.R. 3277: Mr. PASTOR, Mr. GRAVES, Mr. Mr. DAVIS of Illinois, Mr. DAVIS of Florida, EVANS, Mr. GORDON, Mr. HONDA, Ms. KAPTUR, MCKEON, Mr. GUTKNECHT, Mr. BASS, Mr. Mrs. DAVIS of California, Mr. DEFAZIO, Ms. Ms. KILPATRICK, Mr. KOLBE, Mr. KUCINICH, BEAUPREZ, Mr. HINCHEY, Mr. GUTIERREZ, Mr.

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BERRY, Mr. VISCLOSKY, Mr. LIPINSKI, Ms. MCNULTY, Mr. SERRANO, Mr. EMANUEL, Mrs. H. Con. Res. 304: Mr. UDALL of Colorado, SCHAKOWSKY, Mr. SANDERS, Mr. KOLBE, Mr. JONES of Ohio, and Mr. MEEKS of New York. Mr. LANGEVIN, Mr. BURR, Mr. LINCOLN DIAZ- FILNER, Mr. GEORGE MILLER of California, H.R. 3422: Mr. RANGEL, Mr. FRANK of Mas- BALART of Florida, Mr. WEINER, Mr. Mr. NADLER, Mr. SABO, Mr. MORAN of Vir- sachusetts, and Mr. VAN HOLLEN. RAMSTAD, Mr. HUNTER, Mr. WALSH, Mr. ginia, Mr. MOORE, Mr. DINGELL, Mr. MENEN- H.R. 3429: Mr. WHITFIELD and Mr. OTTER. LYNCH, Mrs. MALONEY, Mr. BRADLEY of New DEZ, Mr. MICHAUD, Mr. DEFRAZIO, Mr. DAVIS H.R. 3432: Mr. MICHAUD. Hampshire, Mr. DEFAZIO, Mr. HOLT, Mr. H.R. 3459: Mr. ABERCROMBIE, Mr. of Alabama, Mr. INSLEE, Ms. BALDWIN, Mr. OWENS, and Ms. LOFGREN. MCDERMOTT, Mr. MEEHAN, Ms. WOOLSEY, and BERMAN, Mr. SCOTT of Virginia, Ms. HARMAN, H. Con. Res. 324: Mr. BLUMENAUER. Ms. SCHAKOWSKY. Mr. HOLDEN, Mr. REYES, Mr. ISRAEL, Mr. H.R. 3509: Mr. SPRATT, Mr. GRIJALVA, and H. Con. Res. 103: Mrs. NORTHUP. JENKINS, Mr. RYAN of Wisconsin, and Mr. Mr. BAIRD. H. Res. 313: Mr. RYAN of Ohio. PENCE. H.R. 3519: Mr. MEEHAN, Mr. RODRIGUEZ, H. Res. 354: Mr. CLYBURN. H.R. 3344: Mr. STRICKLAND, Ms. WATERS, Mrs. NAPOLITANO, Mr. BACA, Ms. ROYBAL-AL- Mr. LANGEVIN, and Mr. BELL. H. Res. 389: Mr. SNYDER. LARD, Mr. ORTIZ, Mr. SERRANO, Mr. PASTOR, H.R. 3355: Mrs. MCCARTHY of New York and H. Res. 441: Mr. MURPHY. Mr. BECERRA, Mr. GUTIERREZ, Mr. MENENDEZ, Mr. VAN HOLLEN. H. Res. 446: Mr. AKIN, Mr. BARTLETT of Ms. VELAZQUEZ, Mr. REYES, Ms. LORETTA H.R. 3362: Ms. DELAURO, Ms. NORTON, Mr. Maryland, and Mr. PICKERING. SANCHEZ of California, Mr. GONZALEZ, Mr. ISRAEL, Mr. OWENS, Mr. FROST, Mr. GREEN of ACEVEDO-VILA, Ms. SOLIS, Mr. CARDOZA, and H. Res. 453: Mr. FROST, Mr. MEEKs of New Texas, and Mr. GUTIERREZ. Ms. LINDA T. SANCHEZ of California. York, Ms. SCHAKOWSKY, MS. CARSON of Indi- H.R. 3368: Mr. ENGLISH and Mr. WELDON of H.J. Res. 22: Mr. NEUGEBAUER. ana, Mr. BEREUTER, Mr. FATTAH, Mr. Pennsylvania. H.J. Res. 56: Mr. EVERETT, Mr. SAXTON, Ms. JACKSON-LEE of Texas, Ms. H.R. 3378: Mr. FALEOMAVAEGA. NEUGEBAUER, Mr. BAKER, Mr. SHADEGG, Mr. DELAURO, Mr. HOEFFEL, Mr. PITTS, Mr. H.R. 3386: Ms. MCCOLLUM. JANKLOW, Mr. BURTON of Indiana, and Mr. CRAMER, Mr. GRIJALVA, Mr. SANDLIN, Mr. H.R. 3408: Mr. LANTOS, Ms. NORTON, Mr. DEAL of Georgia. DAVIS of Florida, Mr. FOLEY, Ms. CORRINE FROST, Ms. MILLENDER-MCDONALD, Mr. H. Con. Res. 111: Mr. BELL. BROWN of Florida, Mr. KLECZKA, Mr. MAN- FRANK of Massachusetts, Mr. HINCHEY, Mr. H. Con. Res. 281: Mr. VAN HOLLEN. ZULLO, and Ms. BERKLEY.

VerDate jul 14 2003 05:58 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A20NO7.106 H20PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, NOVEMBER 20, 2003 No. 169 Senate The Senate met at 9:30 a.m. and was them never to fail to do what they can RECOGNITION OF THE MAJORITY called to order by the President pro to establish peace and justice among LEADER tempore (Mr. STEVENS). nations. Lord, make each of us instruments of The PRESIDENT pro tempore. The PRAYER Your peace, carving tunnels of hope majority leader is recognized. The Chaplain, Dr. Barry C. Black, of- through mountains of despair. May we fered the following prayer: remember that You have determined f Let us pray. our path and You direct our steps. We O Lord most holy, who has found us pray this in Your powerful Name. SCHEDULE wanting and yet has not forsaken us, Amen. Mr. FRIST. Mr. President, this morn- deliver us from insincerity and f thoughtlessness. ing, the Senate will resume consider- Help the leaders of this body to be PLEDGE OF ALLEGIANCE ation of the Energy conference report. strong and courageous. Keep them The PRESIDENT pro tempore led the A number of Senators came to the floor from deviating from the path of integ- Pledge of Allegiance, as follows: to speak on the Energy conference re- port yesterday. We had a good debate, rity and remind them of the impor- I pledge allegiance to the Flag of the tance of seeking Your wisdom. Give United States of America, and to the Repub- good discussion, and the Senate will them an awareness of Your abiding lic for which it stands, one nation under God, continue this debate throughout to- presence and supply their needs. Help indivisible, with liberty and justice for all. day’s session.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

S15211

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VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15212 CONGRESSIONAL RECORD — SENATE November 20, 2003 I do remind my colleagues that a clo- plans for Saturday or Sunday until we sume consideration of the conference ture motion was filed on the conference know better what the scheduling en- report accompanying H.R. 6, which the report during yesterday’s session, and tails. I think it would be important for clerk will report. that cloture vote will occur on Friday us to give our Members adequate no- The legislative clerk read as follows: morning. tice with regard to the schedule, per- Conference report to accompany H.R. 6, an As we all know, we are scheduled to haps once or twice a day updating peo- act to enhance energy conservation and re- consider several major pieces of legis- ple as to what the schedule may hold. search and development, to provide for secu- lation over the next few days. In addi- We will certainly work with the major- rity and diversity in the energy supply for tion to the appropriations measures ity leader in attempting to address the the American people, and for other purposes. and the Medicare reform package, many challenges we face with regard to Mrs. FEINSTEIN addressed the there will be other conference reports the legislative schedule yet before us. Chair. that will become available for Senate I yield the floor. The PRESIDENT pro tempore. The consideration, and we will attempt to The PRESIDENT pro tempore. The Chair is in doubt. Under the previous clear those measures for Senate action majority leader. order, the Senator from New Mexico as they arrive. Mr. FRIST. Mr. President, the Demo- was to be recognized first. In addition to that, we will also con- cratic leader and I have been in con- Under the previous order, the Sen- tinue to work through nominations on sultation and will continue to be in ator from California is now recognized the Executive Calendar. There are consultation over the course of the for 60 minutes. some roadblocks right now, but we are day—as he suggested, pretty much Mr. REID. Mr. President, we received doing our very best to address those. every few hours—to facilitate what is word Senator DOMENICI would not be There are a number of important nomi- going to be a challenge in moving in a here this morning. Of course, he is nations that are ready for confirma- reasonably orderly way all that we managing this bill. Whenever he tion, including judicial nominees who have on the table. comes, we will work him into the should be cleared, the Department of I do want to mention in my opening order. Homeland Security positions, a number comments that we are very close to ad- The PRESIDENT pro tempore. The of ambassadors, Health and Human dressing Healthy Forests. I plead with Chair thanks the Senator from Nevada. Services officials, and the list goes on everyone, hopefully over the course of (Mr. SMITH assumed the chair.) and on. They are ready for confirma- this morning, to resolve whatever re- Mrs. FEINSTEIN. Mr. President, I tion. maining issues there are in terms of have come to the floor as a Californian I understand there are Members who holding up that legislation. If we go to to say there is very little in this En- are objecting to all of those nomina- conference quickly, that very impor- ergy bill for California. There is very tions. I urge my colleagues to allow us tant legislation will be addressed. I little to prevent future blackouts. to schedule votes on at least the non- think we are just about there. We were There is nothing to protect consumers controversial nominations. Some of just about there last night. If we can from manipulation and gaming of the these nominations are being held up by get that over the goal line this morn- system that we experienced a few years colleagues who say nothing is going to ing, that would be helpful. ago. go through. At least let the non- The PRESIDENT pro tempore. The There is nothing to improve our Na- controversial nominations proceed. It minority leader. tion’s energy security by increasing is clear we can’t, in these final few Mr. DASCHLE. Mr. President, I am fuel economy standards. In short, from days, be held hostage to unrelated mat- pleased the majority leader mentioned a California perspective, I see this bill ters on these important nominations. Healthy Forests. I would have done it as one giant giveaway to special inter- I mentioned the Senate will need to if I had remembered. Of course, Sen- ests, particularly the ethanol, the work this weekend in order for us to ator COCHRAN and I had a very good MTBE, the oil, the gas, and the nuclear finish all of our business. We will have conversation yesterday. Based on that power industries of this country. a clearer picture as to what to expect conversation and his assurances that I had hoped that this Congress, and over the course of the weekend as this extraneous material would not be in- in particular the Energy Committee on day progresses. I do alert everyone that cluded in conference, we are prepared which I serve, following the Western the likelihood of being in Saturday is to go to conference now. energy crisis and last summer’s black- very high and possibly for a period of We have had good success in reaching out in the Northeast, would pass a sen- time on Sunday as well. agreement on the forest health provi- sible bill that would improve our Na- f sions of the bill. There are other issues tion’s energy supply while protecting that still remain to be addressed. I consumers, the environment, and the RECOGNITION OF THE MINORITY share the view of the majority leader economy. But as I read this bill, that is LEADER that we are now at a moment where I not the case. This Energy bill was The PRESIDENT pro tempore. The think we ought to try to complete our drafted behind closed doors, without minority leader is recognized. work. It would be great if at the end of any input from Democratic conferees Mr. DASCHLE. Mr. President, the the day we could set aside the pending or from those of us on my side of the majority leader has been consulting legislation and pass that conference re- aisle on the Energy Committee. Simply with us with regard to the schedule. I port. I think we are going to get a good put, it is one of the worst pieces of leg- share his view that there is an oppor- broad bipartisan vote on the legisla- islation I have seen in my time in the tunity here for us to complete our tion. I applaud those who have taken Senate. work, if we can find a way to resolve us to this point. This is good legisla- It is interesting that today on every the remaining issues before the Senate. tion. It deserves support. I look for- Member’s desk is a summary of edi- We have a lot of work to do on con- ward to finishing work on that bill as torials. There are over 100 editorials ference reports, on the omnibus legisla- well. from newspapers, large and small, all tion, and on certain nominations. I yield the floor. across this great country saying ‘‘op- I will say there are a number of holds pose this bill.’’ In fact, 100 newspapers f on the nominations in part because of around the country have come out op- a misunderstanding perhaps with the RESERVATION OF LEADER TIME posed to the bill and editorialized White House on a particular nominee The PRESIDENT pro tempore. Under against it. I will quote from one of that has to be resolved if we are to the previous order, the leadership time them. Let me begin with the newspaper move forward on these nominations. I is reserved. whose editorial policy is generally very am hopeful that can be done perhaps as f conservative, and that is the Wall early as today. That is one of the Street Journal. Let me read what the major obstacles to addressing success- ENERGY POLICY ACT OF 2003— Wall Street Journal says about this fully a number of other nominees. CONFERENCE REPORT legislation: This is going to be a busy week. I cer- The PRESIDENT pro tempore. Under We realize that making legislation is never tainly urge our colleagues not to make the previous order, the Senate will re- pretty, but this exercise is uglier than most.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15213 The fact that it’s being midwifed by Repub- tween air conditioning and brownout. There have to look at the western energy cri- licans, who claim to be free marketers, argu- is no reason for Congress to ignore these pol- sis and ask the question: Will this bill ably makes it worse. By claiming credit for lution-free, alternative energy sources, and help in the future? My analysis of the passing this comprehensive energy reform, the conference committee should adopt a bill leaves me with the conclusion that Republicans are now taking political owner- Senate amendment requiring expanded pro- ship of whatever blackouts and energy short- duction of renewable energy. the answer is no. I have often pointed out in this ages ensue. Good luck. Now, let me take a moment here to Chamber that the cost of energy di- Now I will go to yesterday’s Denver elaborate on this point. On Monday, rectly before the crisis was $7 billion. Post. The editorial is entitled ‘‘Energy during the Energy Conference, I was That was in 1999. It rose to $27 billion Bill Full of Pork.’’ pleased an amendment requiring utili- ties to generate 10 percent of their en- in 2000, and $26.7 billion in 2001. In 1 The bill does include funds for energy con- year, the cost went up 400 percent in servation, including some incentives for ergy from renewable sources was in- ‘‘green’’ construction, but some sound sus- cluded in the bill. Unfortunately, this California. There are Members of this picious. Some $180 million will pay for a de- provision was stripped out of the con- body who said: Oh, California, it is velopment in Shreveport, LA. That project ference report by the House just hours your fault, you have a broken system, will use federal tax money to subsidize the later. Although the bill does have re- you don’t have adequate supply to city’s first-ever Hooters restaurant. What a quirements for renewable energy in meet demand. A 400 percent increase is new Hooters has to do with America’s energy not the product of supply and demand, situation may be best known to U.S. Rep. government buildings, that is not enough. We need to encourage the use it is the product of gaming and manip- Bill Tauzin, a Louisiana Congressman and ulation. key player in the secret conference com- of this clean technology at a national mittee talks. level. Now, 3 years later and after $45 bil- The bill provides no real vision, represents Finally, I would like to move to the lion in costs, we have learned how the no real improvement in policies and laws. It west coast, to the largest newspaper, energy markets were gamed and is vexing that Congress did not seize an op- the Los Angeles Times. Their editorial abused. In March of 2003, the Federal portunity to improve the national energy is entitled ‘‘An Energy Throwback.’’ Energy Regulatory Commission issued picture. Congress should start over next its final report on price manipulation year. They say: It’s clear why Republican leaders in Con- in the western markets, and what did Let me now go to the Northeast, a gress kept their national energy policy bill it find? It confirmed that there was large newspaper, the New York Times: locked up in a conference committee room widespread and pervasive fraud and The oil and gas companies were particu- for the last month, safe from review by the manipulation during the western en- larly well rewarded—hardly surprising in a public. Taxpayers, had they been given time ergy crisis. bill that had its genesis partly in Vice Presi- to digest the not-so-fine print in the pork- The abuse in our energy markets was dent Dick Cheney’s secret task force. laden legislation, would have revolted. in fact pervasive and unlawful. So you Though they did not win permission to drill Let me begin my impression of the in the Arctic National Wildlife Refuge, they would think an Energy bill coming out bill with its costs. The editorials from a few years after this crisis would take got a lot of other things, not only tax breaks around the country show that this bill but also exemptions from the Clean Water a look and say we ought to prevent this Act, protection against lawsuits for fouling increases energy production at the ex- from ever happening again, we ought to underground water and an accelerated proc- pense of both the taxpayers and the en- put policies and those procedures in ess for leasing and drilling in sensitive areas vironment. A group called the Tax- this bill to prevent it, we ought to at the expense of environmental reviews and payers for Common Sense has esti- strengthen the Federal Energy Regu- public participation. Meanwhile, the bill im- mated that this bill will cost $72 billion latory Commission’s ability to produce poses new reliability standards on major in authorized spending, and $23 billion just and reasonable rates and ensure electricity producers, but it is not clear in tax giveaways. That is $95 billion in whether it would encourage new and badly that rates remain just and reasonable spending over the next 10 years. across this Nation. But this bill does needed investment in the power grid. I ask unanimous consent to have Now let me go to the Midwest to the not do this. Rather, this bill actually that report printed in the RECORD fol- impedes the ability of Federal and Chicago area, the Chicago Tribune. lowing my remarks. State agencies to investigate and pros- Despite all the years of partisan haggling The PRESIDENT pro tempore. With- ecute fraud and price manipulation in that preceded it, the approximately 1,400- out objection, it is so ordered. page energy bill that Republicans unveiled (See exhibit 1.) energy markets. These provisions over the weekend, and which Congress is ex- Mrs. FEINSTEIN. Taxpayers for would make it easier to manipulate en- pected to vote on this week, is no master- Common Sense points out that there is ergy markets, not harder to manipu- piece of compromise or even effective legis- nearly $13 billion for the oil and gas in- late energy markets. lation. This bill sends this country in the It is more like a jigsaw puzzle with hun- dustry, $5.4 billion for coal, $1.4 billion for the nuclear power industry, $4.16 wrong direction. Rather than pre- dreds of unrelated pieces crammed together. venting Enron-type schemes, such as A few initiatives are worthwhile, most look billion for ethanol, $4.9 billion in en- more like a laundry list of special-interest ergy efficiency, $1.7 billion for auto ef- Fat Boy, Ricochet, Death Star, and Get subsidies. Together, they don’t add up to a ficiency and fuels—that includes eth- Shorty, this bill weakens the oversight policy that will promote energy self-suffi- anol—$11 billion for LIHEAP and over energy markets. It guts the Fed- ciency or stable prices. weatherization, $21 billion for science eral Energy Regulatory Commission’s Then let’s go to one of the Chair’s research and development, $2.15 billion ability to enforce just and reasonable own newspapers, the Anchorage Daily for freedom car and hydrogen research, rates. News, which states: and $764 million for miscellaneous pro- Between now and 2007, the FERC will What’s left is a grab bag of lesser measures visions. be in court, litigating the meaning of and pet projects patched together in hopes of Now, I am in favor of some of these this electricity title rather than en- gaining enough votes to pass in the House programs, but the cost of this is enor- forcing the State administration of and Senate. The result is an energy bill that mous. The Senate should think twice just and reasonable rates to electricity likely will pass—but not a coherent energy about these massive spending in- customers. FERC will be powerless to policy for a nation critically dependent on creases, especially given our rising respond to market crises like the one imported energy supplies. Federal deficit. I do not want to leave that occurred in the West between 2000 Then let’s go to the Houston Chron- my children and my grandchildren sad- and 2001. icle, and I will not read it all: dled with these debts. I am also particularly concerned The most pressing problem facing the Na- Let’s also consider the fact that this about the provision in the bill which tion is its increasing reliance on imported bill does not deal with global warming, directly affects the so-called sanctity oil and gas. Yet the bill ignores several obvi- does not deal with fuel efficiency of contract provision. California was ous avenues for progress. overcharged by as much as $9 billion The Republican draft of the bill set no standards, does not deal with consumer standard for renewable sources of power, protections, and does not deal with en- for the cost of energy as a result of such as solar and wind. The latter will pro- ergy security. long-term electricity contracts that vide 2 percent of Texas’ electricity supply From a western perspective, and par- were entered into under desperate cir- and one day could spell the difference be- ticularly a California perspective, we cumstances at the height of a gamed

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15214 CONGRESSIONAL RECORD — SENATE November 20, 2003 energy crisis. These contracts were not There are several reasons I am ada- funding stream that allows States to based on just and reasonable rates, mantly opposed to mandating the in- construct and maintain our roads. they were based on rates that were in- crease in ethanol consumption from 3.1 Let me tell you how. Gasoline taxes flated as a result of gaming and manip- billion gallons a year to 5 billion gal- generate about $20 billion per year for ulation. California has filed at FERC lons over the next 7 years. Not only do the highway trust fund, and they com- for refunds. I believe the mandate is unnecessary prise about 90 percent of the overall This sanctity of contract provision, but I am concerned about unintended money for the fund. Because this bill however, would mean FERC would environmental consequences. Let me subsidizes ethanol with transportation never provide any further refund in the tell you why. This is not just off the dollars, any increase in the use of eth- California case. So it shuts out Cali- top of my head. This summer, for the anol will mean a decrease in the fornia from any further recourse. No first time, 70 percent of southern Cali- amount of money going into the high- one from California should vote for this fornia’s gasoline was blended with eth- way trust fund. In fact, California will Energy bill. The provision places the anol. Partially as a result, southern lose approximately $900 million over importance of the physical contract California endured its worst smog sea- the next 7 years just because of this above the importance of enforcing just son since 1998. Why? Ethanol produces provision. The loss of highway funds and reasonable rates. In other words, it smog. for the entire country will amount to says even if you signed a contract in a For the first time in 5 years, south- $10 billion over the next 7 years be- situation that has been gamed and ma- ern California experienced a stage 1 cause of this ethanol mandate. It is nipulated by fraud, you are still bound smog alert. As of September, the great- egregious public policy. to that fraud-inspired contract. That is er Los Angeles metropolitan area had I am also concerned about the price what we are doing in this bill. experienced 63 days of unhealthy air impact this mandate will have on the In my view, this is simply absurd. We quality, when ozone levels exceeded cost of gasoline at the pump. Proponents of the ethanol mandate need to be strengthening FERC’s abil- Federal standards. That number far ex- argue that gas price increases will be ity to enforce just and reasonable ceeds the 49 days of unhealthy air qual- minimum, but the projections don’t rates, particularly in a deregulated ity during 2002 and the 36 days in 2001. take into consideration the real world market, not weakening it. And the That is with 70 percent of its gasoline infrastructure constraints and con- irony is that FERC recently announced blended with ethanol. So the air got centration in the marketplace that can a settlement in which El Paso Corpora- worse; it didn’t get better. lead to high price hikes. We all know tion and its subsidiaries would pay $1.6 The number of unhealthy days this billion to resolve a complaint that the that when one entity controls most of year was almost more than twice that the marketplace, that entity can move company withheld supplies of natural of two other of the smoggiest areas of gas into California, driving up prices price as it sees fit. And that is the situ- the country, the San Joaquin Valley ation we have here. for gas and electricity during the and Houston, TX, which exceeded the Everyone outside of the Midwest will State’s energy crises in 2000 and 2001. Federal health standards for 32 days have to grapple with how to bring eth- This was precisely the incident about and 25 days, respectively. What ethanol anol to their States in amounts pre- which I tried to see the President—he has done for southern California is scribed and mandated since the Mid- wouldn’t see me at that time—because make it more smoggy, not less smoggy. west controls most of the ethanol pro- we knew that the price from San Juan, It is a culprit. It is worsening smog. I duction. California has done more anal- NM, to southern California, which think we are mandating it in this bill ysis than any other State on what it should have been $1 per dekatherm, willy-nilly because of greed. will take to get ethanol to our State. was $60 per dekatherm, which was a The Secretary of the California EPA The bottom line is that it can’t happen manipulated price based on the with- concluded, and this is his direct quote: without raising gas prices. Our anal- holding of space in the El Paso pipe- Our best estimate is that the increase in ysis shows that we can’t bring ethanol line. We now know that that was cor- the use of ethanol-blended gasoline has like- to our State without increasing gas rect because El Paso has paid $1.6 bil- ly resulted in a 1-percent increase in emis- prices. lion: Fact. sions of volatile organic gases in the South As I said, California has done more This bill does nothing to prevent Coast Air Quality Management District in analysis on what it will take to bring gaming and manipulation in the nat- the summer of 2003. Given the very poor air quality in the region, and the great dif- the required amount of ethanol to our ural gas market. The bill does increase State than any other State, and has penalties for electricity gaming and ficulty of reaching the current Federal ozone standard by the required attainment date of found that it will have cost con- fraud, but does nothing to increase the 2010, an increase of this magnitude is of sequences at the pump. Proponents of low penalties for manipulation of the great concern. Clearly, these emission in- the ethanol mandate argue that gas natural gas market. It is estimated creases have resulted in higher ozone levels price increases will be minimal. But that El Paso’s price manipulation cost this year than what would have otherwise the projections don’t take into consid- consumers and businesses $3.7 billion, occurred and are responsible for at least eration the infrastructure and strength yet this bill fails to give the FERC the some of the rise of ozone levels that have and the concentration in the market- been observed. power it needs to ensure that this kind place that exists. Everyone outside of of price manipulation does not happen Not only does this bill do harm to the Midwest will have to grapple with again. California, it increases the use of eth- how to bring ethanol to their States Now I would like to speak about anol-blended gasoline, and that will since the Midwest controls most of the what should be for the east coast and threaten my State’s long-term trend production. the west coast one of the most egre- toward cleaner air. It will make it I am also concerned about the lim- gious provisions in the bill, and that is more difficult, and it may well make it ited number of ethanol suppliers in the this ethanol mandate. This mandate is impossible. market today. This high market con- essentially a hidden gas tax. It will in- Without major emission reduction in centration will leave consumers vul- crease automobile emissions in the the next several years, air quality offi- nerable to price hikes as it did when most polluted areas of the country and cials warn that the region may miss a electricity and natural gas prices will not reduce our dependence on oil. 2010 clean air deadline to virtually soared in the West because of a few Not only is this mandate unnecessary eliminate smoggy days. If the deadline out-of-State generating firms domi- but it may have serious unintended en- isn’t met, the Los Angeles region could nating the market. vironmental consequences because the face Federal sanctions amounting to As I have watched all of this, every environmental studies on ethanol have billions of dollars. time you have out-of-State companies not been done. Yet this bill forces con- That is why I oppose this ethanol dealing with an unregulated energy-re- sumption of ethanol beyond that which mandate. That is why I say to those lated marketplace you have problems. is needed. So this bill is pushing an un- who are supporting it that you are I don’t know why. But I suspect there tested product that States such as doing us grievous injury. really isn’t the connection with the mine don’t need to meet clean air Furthermore, the bill as written consumer. Many of the companies driv- standards. threatens the highway trust fund, the ing the energy crisis in California

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15215 weren’t in California. I wonder if they in California. Since then, about a year taminated with MTBE across this Na- would do the same thing to their State ago, it is now 15,000 sites in California. tion. This bill does not make its use il- that they did to our State. I am not a California is not alone. Last year the legal. It gives the companies $2 billion, fan of the way the marketplace is EPA estimated there are 15,051 sites in and it prevents water districts from structured today. And into this lack of California. Nationally there are 153,000 suing because the product was know- structure and lack of price responsi- contaminated ground water sites. ingly defective. There is no way you bility, we bring a whole new compo- The States with the most pollution can look at a provision like this and nent. That component is that one com- include California and Florida. Florida not say this is a bad bill. pany is the dominant producer in the has 20,273 contaminated ground water What adds insult to injury is this bill highly concentrated ethanol market. sites—more than California. Florida is says they can continue to produce ADM today controls 46 percent of the heavily impacted with MTBE pollu- MTBE and export it to other countries ethanol market. That is only what is tion. Illinois has 9,546 contaminated so the drinking water of other coun- produced today. The company has an sites. Michigan has 9,087 sites. Texas tries can be polluted. How perverse can even greater control over how ethanol has 5,678 sites. Wisconsin has 5,567 public policy be? is distributed and marketed. ADM does sites. New York has 3,290 polluted sites. I am also disappointed that the con- not have a sterling record. It is an ad- Pennsylvania has 4,723. It is State after ference report does nothing to increase mitted price fixer and three of its ex- State after State. They total 153,000 fuel economy standards of our Nation’s ecutives have served prison time for polluted drinking water sites. This bill fleet of automobiles. We have an En- colluding with competitors. I cannot does not make MTBE illegal; this bill ergy bill. The largest contributor to look at ADM and say we have a pris- gives MTBE $2 billion, and they cut out global warming is carbon dioxide. The tine corporate citizen who controls this the ability of local jurisdictions to sue largest producer of carbon dioxide is marketplace, its production, its dis- to be able to clean up these sites with the automobile. This bill does nothing tribution and will have any compassion the money. If that is not perverse pub- to make automobiles more fuel effi- for price responsibility. I do not believe lic policy, if that does not create an in- cient. What kind of an energy policy is giving firms such as this, this kind of centive to do bad things, I don’t know that? In fact, the bill, again, per- control, is good public policy. what does. versely, makes it more difficult for the One could ask, Do I have any more As I said, the courts ruled that MTBE Department of Transportation to en- grievous complaints? The answer is is a defective product. Actually, this courage fuel efficiency standards in the yes. The list goes on and on. relates to a case in my State so I think future by including a new list of cri- Let me take up MTBE. In this bill, it is relevant to mention this case. It is teria the Department must consider there is a liability waiver so nobody a case brought by the South Lake when revising standards. can sue for the fact that MTBE has Tahoe Public Utility District. The I believe increasing the fuel economy been found to be defective by a court of court held Shell, Texaco, Tosco, of SUVs and light trucks is the single law. Not only that, it is a retroactive Lyondell Chemical, which is ARCO easiest step the Nation can take to re- liability protection for MTBE pro- Chemical, and Equilon Enterprises lia- duce the emission of carbon dioxide ducers. This provision offers them im- ble for selling a defective product, gas- into the atmosphere. It is the biggest munity from claims that the additive oline with MTBE, while failing to warn single shot at reducing global warming. is defective in design or manufacture. of its pollution hazard. The court Yet we refuse to do it. It makes this liability protection ret- forced these MTBE producers to pay Earlier this year, Senator SNOWE and roactive to September 5 of this year the water district of South Lake Tahoe I introduced bipartisan legislation to thereby wiping out hundreds of law- $60 million to clean up the mess. close what is called the SUV loophole. suits brought by local jurisdictions all The industry, in fact, knew of the We were unable to offer this legislation across America. This retroactive im- problems with MTBE yet decided to in- as an amendment to the Senate version munity is a perverse incentive to those clude it in gasoline. They deny all of of the Energy bill when it was on the who pollute because it says to them, this, but a court has found it to be the floor. OK, you have done all of this damage; case. In fact, let me read a comment But our bill had been evaluated by nonetheless, it does not really matter. from Exxon employee Barbara the National Academy of Sciences, You do not really have any liability. Mickelson from 1984: that has released a study on this issue, All these suits will be wiped out. Based on higher mobility and at the same and said it was technologically feasible This bill does not ban MTBE nation- time/odor characteristics of MTBE, Exxon’s to do this, and that over the next 10 wide despite what has happened in experience with contaminations in Mary- years it would save the United States a huge numbers of States, including my land, and our knowledge of Shell’s experi- million barrels of oil a day and reduce ence with MTBE contamination incidents, own. It gives MTBE producers $2 bil- the number of well contamination incidents our dependence on foreign oil by 10 per- lion in what is called ‘‘transition as- is estimated to increase three times fol- cent. It said it would prevent 240 mil- sistance’’ to transition out of a product lowing the widespread introduction of MTBE lion tons of carbon dioxide, the top they are allowed to continue to into Exxon gasoline. greenhouse gas, as I have said, from en- produce and export. So they can accept This is 1984. The company went ahead tering the atmosphere each year, and it $2 billion and continue to produce a and included it in their gasoline. Now, would save SUV and light-duty truck flawed product that we know contami- no one can sue them for a defective owners hundreds of dollars, ranging nates ground water, that we know product in this bill. anywhere from $300 a year to $600 a leaches out of ground water wells, cre- Let me also give you an excerpt from year at the pump in the cost of gaso- ates plumes of benzene, could possibly a 1987 memorandum circulated within line. be carcinogenic, and pollutes drinking the Environmental Protection Agency: CAFE standards were first estab- water so it is undrinkable and what do Concern about MTBE in drinking water lished in 1975. They were fought by De- they get for doing this? $2 billion in surfaced after the Interagency Testing Com- troit, just as seatbelts were fought by this bill. Now I ask, is that good public mittee report was published. Known cases of Detroit. At that time light trucks policy? Remember, the courts have al- drinking water contamination have been re- made up only a small percentage of the ready found it to be a defective prod- ported in 4 states. These cases affect indi- vehicles on the road. They were used uct. This is not me speaking; it is the vidual families as well as towns of up to mostly for agriculture and commerce. 20,000 people. It is possible that this program courts. could rapidly mushroom due to leaking un- Today they are used mostly as pas- I first learned about MTBE when the derground storage tanks at service stations. senger cars. Our roads look much dif- mayor of Santa Monica came to see me The tendency for MTBE to separate from the ferent. SUVs and light-duty trucks and told me that one-half of their en- gasoline mixture into ground water could comprise more than half of new car tire water supply was contaminated lead to widespread drinking water contami- sales in the United States. with MTBE and could not be used. As I nation. As a result, the overall fuel economy delved into it and investigated the That is what indeed happened as il- of our Nation’s fleet is the lowest it claims further, I came to learn there lustrated by the fact that today we has been in two decades, largely be- were at least 10,000 sites contaminated have 153,000 drinking water sites con- cause fuel economy standards for SUVs

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15216 CONGRESSIONAL RECORD — SENATE November 20, 2003 and light trucks are so much lower Tanzania to the ice fields beneath tant set of energy development than they are for other passenger vehi- Mount Everest in the Himalayas. projects, including liquefied natural cles. They are 22 miles per gallon. We Dwindling glaciers offer a clear and gas facilities and other oil- and gas-re- could have them equal to sedans and visible sign of climate change in Amer- lated projects. These States need input have all the savings I have just cited. ica and the rest of the world. We are into these decisions. For coastal Additionally, what is interesting is seeing these changes. Scientists tell us States, this is a significant weakness that others are moving rapidly to ret- to expect more. Yet this bill is silent. in this bill, particularly States such as rofit automobiles with new fuel savings We have reports from the National Florida and California and for your technology that is available today for Academy of Sciences, the Intergovern- own State of Oregon, Mr. President. use by car manufacturers. Toyota re- mental Panel on Climate Change, and Time after time, we have said we do cently announced improvements in its the Congressional Budget Office. not want offshore energy development. hybrid vehicle, the Prius, making it Let me quote the CBO report in May: This bill opens that door, and it re- more powerful and more fuel efficient. Scientists generally agree that continued duces the States’ input into decisions Toyota has announced a hybrid version population growth and economic develop- which directly affect our coastal zone of its Lexus RX 330 SUV, which is ment . . . will result in substantially more waters. scheduled to be released in early next greenhouse gas emissions and further warm- The Energy bill also fails to include year. ing unless actions are taken to control those the renewable portfolio provision Meanwhile, instead of moving for- emissions. which was included in the Senate- ward, some U.S. automakers are mov- The place to take those actions is in passed bill. I heartened when the rank- ing backward. I was very disappointed an Energy bill, and yet this conference ing member, the Senator from New by the announcement made by the report is silent. Mexico, announced earlier this week Ford Motor Company stating Ford Let me tell you what the actual ef- that it was in. Apparently, it is now would not be meeting its self-imposed fect is in my State. out. Solar, wind, geothermal, and bio- goal of raising the fuel economy in its Sea level has risen 6 inches in San mass are generating electricity for SUVs by 25 percent by 2005. Addition- Francisco since 1850, with the greatest homes and businesses nationwide. It is ally, Ford announced it is delaying the change happening since 1925. As sea working in California. We need an en- sale of its hybrid SUV, the Escape, an- level rises, the salt water permeates ergy policy that not only provides tax other year until 2004. into the delta, contaminating drinking incentives for their continued develop- Yet China has announced it is going water and ground water further up- ment but also requires their use. I be- to move quickly on imposing fuel effi- stream. lieve it is in the public interest for our ciency standards on its automobiles. Of Even without climate change, it Nation to require a greater develop- course, any American companies that would be a struggle to supply enough ment of renewable resources. produce for Chinese consumption will water for all of the people that live in The tax provision of this bill implies have to conform. California. But report, after report, that nuclear power is a form of renew- I am so disappointed to see this En- after report indicates that climate able power, and it places this form of ergy bill does not address global cli- change will further threaten a water power on an equal footing in the Tax mate change. We are 5 percent of the supply that is already tight. Code with traditional renewables. This world’s population. We use 25 percent Models from NASA, the Lawrence production tax credit for nuclear power of its energy. We produce the world’s Livermore National Laboratories, and is the largest energy tax credit in the most greenhouse gas emissions. We are the Union of Concerned Scientists all the most significant culprit driving bill and would be the largest one in the indicate that climate change is likely code, equaling $6 billion. As a nation, global warming. to increase winter rain and decrease Despite the fact that climate change we still can’t properly dispose of nu- snowfall in my State. threatens our environment and our clear waste. This waste has a half-life More winter rain means winter flood- economy, this bill does nothing to ad- of an eternity, yet we are going to ing. Less snow means less water for the dress it. I think that is a major mis- produce more of it. I strongly believe rest of the year. California’s water sup- take. Energy and climate are inex- this is a mistake. ply depends on gradual snow runoff. We tricably linked. A truly comprehensive This bill also weakens the Clean Air have spent billions of dollars on water energy policy cannot ignore that issue. Act. Upon reviewing the bill, I was infrastructure that depends on this As a nation, we ignore it at our peril. most disappointed to learn that the The scientific evidence of global runoff, and yet we still have to strug- legislation that has really cleaned up warming is real. The problem is getting gle to provide enough water for our our air, the Clean Air Act, is weakened. worse. People are seeing mosquitos in farms, our cities, our fish, and our The 1990 amendments to the Clean Air areas of the Arctic for the first time. wildlife. This bill does nothing to help Act, signed by the first President Bush, Glaciers are melting around the world, California’s situation. implemented timelines for cities to from Glacier National Park to the In 1910, half of the Sacramento Riv- clean their air. This bill undermines slopes of Mount Kilimanjaro. The larg- er’s annual runoff took place between the intent of those amendments by no est ice shelf in the Arctic is disinte- April and July. Today that number is longer requiring communities to clean grating. This ice shelf covers 150 square 35 percent, and it is continuing to de- up their air if they can claim that part miles. It is 100 feet thick. cline. We can’t count on this runoff. It of its pollution is a result of trans- The hole in the ozone layer, which is clearly in our best interest to ad- ported air pollution. decreased in size last year, grew to its dress climate change. Our environment Most of California—all the inland largest level earlier this year. is clearly at risk. Our relations with areas—is a product of transported, to Climate change is also affecting some our allies are at risk because of our re- some degree, air pollution. Seventy of our most treasured places. Over a luctance to address it. percent of our State does not meet na- century ago, 150 magnificent glaciers The Foreign Relations Committee tional air quality standards. So Cali- could be seen on the high cliffs and jag- has recognized the need for the United fornia is probably more adversely im- ged peaks of the surrounding moun- States to act. We should do so in this pacted by this than any other State be- tains of Glacier National Park. Today, bill. Yet we do not. How can I, rep- cause of strong prevailing westerly there are only 35. The 35 glaciers that resenting the largest State in the winds which drive the pollution from remain today are disintegrating so Union, support a bill that does nothing the big coastal areas into the valley quickly that scientists estimate the for my State—nothing? areas. This will result in a major weak- park will have no glaciers in 30 years. Let me now deal with the sensitive ening of the Clean Air Act. Huge areas Glaciers in the Sierra Nevada, in my issue of coastal protection. On the posi- of the State, such as the Central Valley State, are disappearing. Many of these tive side, the bill no longer includes an- and the Inland Empire, will have re- have been there for the last thousand other inventory of oil and gas re- duced cleanup requirements. years. sources on the Outer Continental Shelf. Our Nation needs an energy policy We are seeing similar melting around However, this conference report takes that will protect consumers, reduce our the world, from Mount Kilimanjaro in away the States’ input into an impor- dependence on foreign oil, and produce

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15217 new energy development while pro- poses’’, and ask a conference with the Senate we need to focus on because of the ex- tecting our environment. This bill does on the disagreeing votes of the two Houses treme importance it has to our econ- not do that. This bill deserves to be de- thereon. omy. In my view, some of the biggest Ordered, That the following Members be feated. This bill is a bad bill. the managers of the conference on the part changes in law that are contained in I strongly urge my colleagues to vote of the House: the bill are located in the electricity against this poorly crafted legislation. From the Committee on Agriculture, for title. I would also argue that the big- EXHIBIT 1 consideration of the House bill and the Sen- gest retreats we are making from con- ate amendments, and modifications com- sumer protections are perhaps in this TAXPAYERS FOR COMMON $ENSE mitted to conference: Mr. Goodlatte, Mr. section as well. Boehner, Mr. Jenkins, Mr. Gutknecht, Mr. During the last few years, there have Type or industry Authorized spending Hayes, Mr. Stenholm, Mr. Peterson of Min- been three very notable publicized de- nesota, and Mr. Dooley of California. Oil and Gas (including MTBE/LUST) ...... $12.971 billion (in- velopments or events in the electricity cludes $414 million From the Committee on Resources, for scoring of royalty consideration of the House bill and the Sen- industry that have come to our atten- provisions). ate amendments, and modifications com- tion as a nation. Not in chronological Coal ...... $5.434 billion. Nuclear ...... $5.735 billion. mitted to conference: Mr. Pombo, Mr. order, but first, at least in what is on Utilities ...... $1.355 billion. McInnis, Mr. Walden of Oregon, Mr. Renzi, the front page today and what is most Renewables (including R&D) ...... $4.164 billion. Mr. George Miller of California, and Mr. Ins- Energy Efficiency (including R&D) ...... $4.931 billion. immediately in mind when we think Auto Efficiency and fuels (including Ethanol) ...... $1.698 billion. lee. about electricity, is the blackout we LIHEAP and Weatherization Assistance ...... $11.425 billion. From the Committee on the Judiciary, for experienced in the eastern part of the Science Research and Development ...... $21.850 billion. consideration of sections 106 and 107 of the Freedom CAR and Hydrogen Research ...... $2.149 billion. United States and some of the Midwest Miscellaneous ...... $764 million. House bill, and sections 105, 106, 1115, and Total Authorization ...... $72.476 billion. 1116 of the Senate amendment and modifica- that shut down nearly a third of our tions committed to conference: Mr. Sensen- Nation; the problems of how to have a BREAKDOWN OF COST ESTIMATES brenner, Mr. Smith of Texas, and Mr. Con- reliable system for transmitting elec- Oil and Gas yers. tricity and ensuring that if there is a Title III—$949 million (direct and royalty Mr. FRIST. Mr. President, I ask failure somewhere, it does not cascade exemptions). unanimous consent the Senate insist to the 18 States that were affected by Title IX Research and Development—Fos- on its amendments and agree to the re- this blackout, for example. So reli- sil Fuel $1.997 billion. quest of the House on a conference of ability is a serious issue, and we were Title XIV Miscellaneous, Subtitle B Coast- the disagreeing votes of the two Houses made very aware of that. The Presi- al Programs— $5 billion. thereon, and the Chair be authorized to dent’s phrase was that this was a wake- Title XV Ethanol—MTBE and other provi- up call. I would suggest that this was a sions—$5.025 billion. appoint conferees on behalf of the Sen- ate with a ratio of 4 to 3. wake-up call we have not heeded ade- =$12.971 billion. The PRESIDING OFFICER. Without quately in the bill. I will go into why I Coal objection, it is so ordered. believe that. Title IV Coal—$3.925 billion. The Presiding Officer (Mr. SMITH) ap- A second issue, of course, is what Title IX Research and Development—Fos- pointed Mr. COCHRAN, Mr. MCCONNELL, happened in California and the west sil fuels $1.509 billion (specifically allocated Mr. CRAPO, Mr. DOMENICI, Mr. HARKIN, coast, Oregon and Washington in par- to coal). Mr. LEAHY and Mr. DASCHLE conferees ticular, a couple of years ago when =$5.434 billion. on the part of the Senate. they had the market meltdown there Nuclear The PRESIDING OFFICER. The Sen- and prices spiraled out of control and Title VI Nuclear Matters—$1.186 billion. ator from California. people saw their utility bills go up very f Mrs. FEINSTEIN. Mr. President, I substantially. Unfortunately, those thank the leader. It, indeed, is good bills have remained very high. It has HEALTHY FORESTS RESTORATION news that this bill is coming over. It is had a significant impact on the econ- ACT OF 2003 my understanding that we have had omy of that part of our country. Some Mr. FRIST. Mr. President, I ask the successful negotiations. I am very of that, of course, was due to manipula- Chair lay before the Senate a message hopeful there will be a bill before us tion of those markets, ineffective mar- from the House of Representatives on shortly. ket rules. That is another area of con- the bill (H.R. 1904), to improve the ca- I yield the floor. cern that clearly should be addressed pacity of the Secretary of Agriculture f in this legislation. and the Secretary of the Interior to The third area of concern that I cite ENERGY POLICY ACT OF 2003— conduct hazardous fuels reduction is the financial collapse of many utili- CONFERENCE REPORT—Continued projects on National Forest System ties, due in large part to the invest- lands and Bureau of Land Management The PRESIDING OFFICER (Mr. EN- ments they have made in markets that lands aimed at protecting commu- SIGN). The Senator from New Mexico. are not central to the business of pro- nities, watersheds, and certain other Mr. BINGAMAN. Mr. President, I see ducing and selling electricity. That fi- at-risk lands from catastrophic wild- no other Senators seeking recognition nancial collapse has become a serious fire, to enhance efforts to protect wa- so I will speak for a few moments problem for many in our country as tersheds and address threats to forest about one aspect of this bill. well. and rangeland health, including cata- First, I thank my colleague from This bill, in my opinion, fails to ade- strophic wildfire, across the landscape, California for her statement. She has quately address each of these problems, and for other purposes. been extremely involved in these issues whether it is a liability or protection The Presiding Officer laid before the from the beginning as a member of the of the consumer. In the conference re- Senate the following message from the Energy Committee. She has taken a port before us, it blocks implementa- House of Representatives: leadership role on many aspects of the tion of market rules that could prevent Resolved, That the House disagree to the legislation in trying to see that the market manipulation. There, I am amendments of the Senate to the bill (H.R. provisions we came up with were good thinking about the provisions in the 1904) entitled ‘‘An Act to improve the capac- for her State and good for the country. bill that delay FERC’s ability to act ity of the Secretary of Agriculture and the Let me try to talk about one part of not only to issue a standard market de- Secretary of the Interior to plan and conduct the bill. There are 16 titles to the legis- sign rule, but to issue other orders of hazardous fuels reduction projects on Na- lation. It does go on for 11 or 12 hun- general applicability within the scope tional Forest System lands and Bureau of dred pages. I want to talk about one of of that standard market. Land Management lands aimed at protecting those 16 titles; that is, title XII, which It also addresses only one form of communities, watersheds, and certain other at-risk lands from catastrophic wildfire, to relates to electricity generation and market manipulation—round-trip trad- enhance efforts to protect watersheds and transmission and distribution. ing. I will get into more of a descrip- address threats to forest and rangeland That is a very important part of the tion about that, but there are other health, including catastrophic wildfire, bill and one that is complicated and types of market manipulation we across the landscape, and for other pur- difficult for us to understand but one should be prohibiting in this bill. It

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15218 CONGRESSIONAL RECORD — SENATE November 20, 2003 fails to do so, and it repeals the Public fact leads to the inescapable conclu- mission constructed, has to pay the Utility Holding Company Act, which sion that the control and management full freight for getting it done. The was passed back in the 1930s, without of that transmission system needs to Commission may not authorize the re- providing the necessary level of protec- be on a regional basis if it is going to covery of costs on a rolled-in basis, or tion for consumers, by strengthening respond to events that happen across it may not rule that the costs should the Federal Energy Regulatory Com- these regions. be shared among those who will benefit mission’s authority to oversee mergers This event cascaded across two coun- from the upgrade in transmission, or and acquisitions of other entities. It tries, 18 States, 4 transmission regions, the expansion of transmission. Unless makes the likelihood of blackouts 4 reliability councils, and it did all of the native load ratepayers have stated greater by stalling the Federal Energy that in 7 minutes. The FERC, which is they require the transmission, they are Regulatory Commission’s attempts to the Federal agency that is authorized not to be charged for it. This amend- create regional transmission entities to oversee this enormously complex ment takes the mantle of consumer through the delay of this standard part of our economy, has been trying protection by supposedly protecting re- market design, or any other order of to encourage voluntary regional con- tail ratepayers from bearing the costs general applicability within the scope trol and management of the trans- of transmission system expansions that of that rule, it discourages the con- mission system for nearly 6 years now, are built in order to ship power to a far struction of needed transmission, and since the issuance of order No. 888 in distant region of the country. In re- it discourages regional transmission 1998. If the Midwest ISO—independent ality, there are very few transmission organization formation by imposing an system operator—is the result of the system expansions that are for the ben- unwise pricing policy called partici- voluntary process that has been going efit only of one user. pant funding. I will try to explain the on over this period—and it is—then it In a properly planned system, expan- effect of the language related to partic- is clear that voluntary process has not sions that take place are ones that sup- ipant funding and why that has become worked as it should. port the entire load in the region, in- such a central part of the concern The Midwest ISO is the best that cluding the need to export power from about the bill. could be negotiated in the voluntary the region where that exists. This pro- First, let me talk a little about the program for this region. It still has 23 vision has three problems. effects the bill would have on reli- different control areas, inadequate First, it would cause customers to ability; that is, the blackout problem. communication, inadequate coordina- have to pay for costs they did not The United States-Canada Power Sys- tion to respond to a series of events cause and for benefits they are not re- tem Outage Task Force yesterday re- such as those that occurred during a 7- ceiving. leased its interim report. The report minute period on August 14. The FERC Second, it would deprive local cus- dealt with the causes of the August 14 has more recently tried to take some tomers of the rights to the lines that blackout both in the United States and stronger steps to be sure that the re- are built in their area. Canada. Secretary Abraham had a gional transmission organizations, Third, it is not always clear or true press conference. I saw him last night such as the Midwest ISO, are up to the that only one participant is creating on Jim Lehrer’s show explaining it task of ensuring the reliability of the the need for new transmission and ben- again. He has been very aggressive in system. The standard market and de- efiting from that transmission. trying to explain what this report in- sign rule that was proposed by the The restriction on allocating costs to cludes. FERC proposed that we have manda- Native load ratepayers sounds good at The report contains no recommenda- tory regional transmission organiza- first blush. The effect, however, is to tions at this point. It is the first of sev- tions; that is, that FERC could require shift the cost to other ratepayers for eral reports. It is an interim report. It utilities to join these regional trans- facilities that the Native load rate- is primarily technical in nature. It mission organizations. This bill stops payers in question are able to use and, tries to establish a timeline for the that effort in its tracks. This bill in many cases, are benefiting from events that led up to the blackout and doesn’t have any suggestions as to without having to pay. then during the blackout. The report what should be done to accomplish re- One simple example, to try to bring tells the story of a day when the power gional transmission control, except this home to people, is each of us has a system was not unusually overloaded, further encouragement of these utili- couple of filling stations we go to, to but on which a series of events that ties to do it on a voluntary basis. But fill up our vehicles. If we were asked, you could expect to be controllable led it stops the effort that is underway Do you need another filling station in to an outage that cascaded through 18 today to require utilities to take these your part of the city, most of us would States in the United States and a num- steps. say: No, we don’t; we found a way to do ber of Canadian provinces. It shut down I think the report gives one more this. But if one is built that is conven- power to tens of millions of customers, strong piece of evidence that the elec- ient for our use, we will use it; we will paralyzed our major cities—New York, tricity title, as proposed, is unwise and benefit from it. Cleveland, Detroit. Some areas were inadequate. The participant funding The question is, Does everyone hold blacked out for as long as 3 days, and provisions—let me talk about those be- back and say, I will not suggest the the economic cost of this was enor- cause that is an abstruse but important need for expansion of a transmission mous, as we would expect it to be. part of this legislation. It is one about facility because I am going to be stuck I could go into some detail about which there is substantial controversy. with the whole bill; I will wait until what the report found, but I am sure When we wrote the Energy bill in the someone else suggests the need and everybody can read that in their morn- last Congress, there was substantial then, of course, I can get the benefit ing paper. The report doesn’t draw controversy about it in the develop- without having to pay my share? many conclusions or make many rec- ment of this conference report. It is an This is supposed to be aimed at gen- ommendations. In my reading of it, it issue that we need to try to do right. erators who want to sell into the com- is clear that the lack of communica- In my view, provisions in the bill re- petitive market. The real victims, in tion, the lack of coordination of re- lated to participant funding will also my view, are the consumers who buy sponse, the lack of consistency of rules have a negative impact on reliability. electricity from municipal or coopera- and equipment were major causes of Let me explain how I conclude that. tive utilities or from utilities other what occurred. If anything is clear, it This provision in the bill would re- than the ones that are required to pay is that the major transmission system quire that the Commission, FERC, ap- under this participant funding lan- that we depended upon is a large re- prove participant funding for the ex- guage. gional machine that is not bound by pansion of transmission by a regional The likely effect of this policy is that political borders but is only bound by transmission organization, or by any needed transmission would not get physics and by commerce. What hap- utility. Now, what participant funding built. If customers who need trans- pens in one part of the country has far- means is that the participant in the mission expansion have to pay for the reaching effects on areas that are very market who wants the transmission full cost of the expansion, those who far from the initial occurrence. That constructed, or the expansion of trans- need the transmission expansion may

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15219 not be able to finance either the pur- Group, the American Chemical Coun- crisis would be defined as orders of gen- chase or the sale they are contem- cil, the American Forest and Paper As- eral applicability and would have been plating because it becomes prohibi- sociation, American Iron and Steel In- prohibited had this language been on tively expensive. stitute, Council of Industrial Boiler the books at the time FERC was trying The transmission either doesn’t get Owners, Portland Cement Association, to deal with that crisis. built or, if it does, it is at a cost that Electric Power Supply Association, If another crisis occurs in the next 2 gives the incumbent utility a competi- Consumers for Fair Competition Na- or 3 years, would we not want FERC to tive advantage. tional Grid, American Transmission bring order to the market to deal with The second effect is the utilities Company, International Transmission the crisis? Hopefully, we will not wind would be encouraged not to join re- Company, Electric Power Supply Asso- up legislating a prohibition on their gional transmission organizations or, if ciation, many individual municipal and doing that. they are already members of regional cooperative utilities, and many others. I offered amendments to try to cor- transmission organizations, to leave Congress, in my view, should not be rect this language on the Senate floor. those, and they are perfectly free to do meddling in this area. It is too com- They failed. I offered another amend- so under the legislation. This is not my plex. It is too dependent upon the facts ment when we had our one meeting of conclusion. This is the conclusion of of individual cases for us to try to be the conference on Monday of this week. many experts who have written to us in writing legislation directing how FERC That was agreed to by a majority of opposition to this participant funding allocates cost. We should not legislate Senate conferees but was rejected by language. what they do in this area. In my view, the House. Then, of course, the Senate If the utilities gain this kind of com- that is counterproductive. conferees receded to that. So I think petitive advantage and get their trans- The bill also contains a delay in the this is a serious problem that under- mission built at no cost to themselves, issuance of the standard market design mines our efforts as a nation to ensure why should they join a regional trans- rulemaking which I mentioned before. reliability of the system. mission organization and talk to oth- The delay is until January of 2007. That Let me go on to this issue of the cri- sis in western markets, and any pos- ers about the need to cooperate and is a much longer delay than I think is sible future market crises that we may share costs? wise. That is over 3 years from now. face. It is surprising to me how soon we This proposal on participant funding Clearly, in my view, the Federal En- can forget. Just over a year ago, maybe is anticompetitive and it is ergy Regulatory Commission may well 2 years ago now, we were in the middle antireliability, in my view. If trans- have circumstances to which they need of a daily diet of newspaper stories and mission construction is needed to re- to respond. They may well identify headlines about the excesses of Enron lieve bottlenecks to prevent blackouts, problems for which they need to issue and other power marketers and their this provision discourages that. rules of general applicability in that manipulation of California and other Under current policy, which the Fed- period, and we should not be tying eral Energy Regulatory Commission western markets. Now it seems as their hands. though those shocking stories, that issued in 1995, new transmission is paid The bill would prohibit under its cur- public outcry for Government to do for by those who benefit from the rent language ‘‘rule or general order of something about that, is all gone, and transmission. If there is a single entity applicability on matters within the or single group of ratepayers who ben- we are on to other matters. scope of the standard market design We have outlined many times before, efit, then they are the ones who pay. If rule.’’ and many of my colleagues in their the system as a whole benefits, then The truth is, the standard market de- statements have outlined, a parade of everyone shares in the cost. Often, sign rule covers everything but the horrible schemes, deceitful schemes, there is a combination of the two and kitchen sink. So if you are saying you that were put in place to defraud utili- there is a sharing of the cost. The sin- cannot issue rules of general applica- ties and to ultimately defraud con- gle beneficiary pays for part of the bility on matters that are within the sumers. The names are well known to cost; the rest is rolled into the rates scope of that rule, you are basically all of us: Get Shorty, DeathStar, Rico- for all of those who use the system. saying you are blocked from issuing or- chet, Black Widow, wash trades. This This provision that is in the bill as- ders for the next 3 years. conference report prohibits wash trades sumes there is always a single bene- What kind of actions could this pre- or roundtrip trades, and that is good. I ficiary rather than there is a benefit to vent? It could prevent the Commission favor that prohibition. many, as is the case in most cir- from doing its job in many respects. By doing so, the bill acknowledges cumstances. The provision requires FERC currently has a rule in process that the Federal Power Act should pro- something FERC already has the au- on interconnections to the trans- tect consumers against fraudulent and thority to do. As I said, it can allocate mission grid. No matter what that rule deceptive practices, but we only men- the total cost to one participant. But said, the Federal Energy Regulatory tion one such practice: Roundtrip trad- we should not be legislating the way Commission would be prohibited from ing, these wash trades. That is a cir- FERC has to deal with these issues. issuing it. cumstance where two participants in They should be able to deal with them Other matters that are dealt with in the market sell to each other the same on a case-by-case basis. The provision the rule that FERC would be prevented amount of electricity at the same price prevents them from doing that. from dealing with in a generic manner in order to make it appear they have We have letters in opposition to this are such things as market oversight, more volume of transactions than they participation funding language from a market mitigation, transmission pric- really have; there is more going on. great many people. I will cite a few: ing, scope of the regional transmission This also creates a sales volume for Public service commissions of Michi- organizations, the adequacy of rules for both the sellers. This can be used to gan, Minnesota, Wisconsin, Indiana, transactions across regional trans- pad the reports of stockholders and an- Pennsylvania, and many other States; mission organization boundaries, and, alysts and make the company look as utilities in California, Indiana, Ohio, in short, just about anything the Com- if it is a better place to invest. This Maryland, Pennsylvania, Delaware, mission does about transmission or practice should be prohibited. West Virginia, New Jersey, Oregon, markets, because this standard market The other practices involve creating Utah, Arizona, Colorado, and many design rule, which we are blocking the artificial congestion on transmission other areas of the country. We have implementation of, touches on all of lines so that one can claim to have re- many organizations that have come those items. All of those subjects are lieved the congestion in order to col- out in opposition to this provision— within the scope of that rule, and we lect a congestion rent. There were a from APPA, NRECA, Elcon—Electric are legislating a prohibition not only number of colorfully named practices Consumers Resource Council, the large against the rule but against any rule of that were of this nature. Those clearly industrial customers group including general applicability within the scope should be prohibited as well. General Motors, Dow Chemical, Air of standard marketing. Some would argue that we do not Products, steel companies, aluminum I also believe some of the orders need to prohibit those; they are prohib- companies—Louisiana, Energy Users FERC issued in the western market ited elsewhere. I do not believe that.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15220 CONGRESSIONAL RECORD — SENATE November 20, 2003 When FERC commissioners came be- The industry is highly concentrated. the merger was under the jurisdiction fore the committee last year, they told Consolidation of generation and dis- of the Federal Energy Regulatory Com- us these practices were not prohibited, tribution of transmission can prevent mission under the Federal Power Act. that there was not much they could do the development of a competitive mar- But we are in a new world now, and to deal with them. When other Sen- ket. One of the key failures in the bill, generation can be separated from the ators seemed not to be concerned about as I see it, is that the bill does not utility company, either sold to a stand- giving this authority, I could not real- make the generation of energy or alone generation company or spun off ly understand that point of view. Clear- power a subject that is under the juris- to an affiliate of a holding company ly, there can always be other prosecu- diction of the Federal Energy Regu- that owns the utility, and such sales or tions for fraud, general fraud and all, latory Commission. Without authority spinoffs would not be under their juris- but FERC, the agency with responsi- over this generation of power, FERC diction either under the Federal Power bility for overseeing this sector of our would have to stand by and watch Act, since the generation facilities are industry, should have the authority to while this industry or parts of it recon- not under the jurisdiction of FERC, or impose penalties and prohibit these centrate. A single company could ac- of course under PUHCA, since we are practices. We need to give regulators quire every generator in the United going to repeal PUHCA, the Public who are charged with controlling these States and the Federal Energy Regu- Utility Holding Company Act. So markets the tools they need to do the latory Commission would have no au- mergers of stand-alone generation job that needs to be done. thority under this act to deal with that companies would not be something Senator CANTWELL from Washington problem. Or a single company could ac- FERC could look at. offered, and the Senate approved by a quire every generator in a particular A third key weakness of the proposal vote of 57 to 39, an amendment that region and the Federal Energy Regu- is that it requires FERC to act on a bans all forms of manipulation. Unfor- latory Commission would be unable to merger within a certain timeframe. It tunately, the conference report does deal with it. This is surely incompat- says that within 180 days, FERC needs not contain that language now, lan- ible with the idea that we want to de- to act. If FERC determines that is not guage which was strongly supported in velop competitive markets. enough time, it can extend that for an- the Senate. Even when the transaction is only other 180 days. But if it does not rule The other problem I mentioned when the sale of a facility, there are serious against the merger at the end of the I started my comments, that I want to issues at stake. Many of the utilities second 180 days, then the merger is ap- say a few more words about, is the that are in the headlines lately are proved. That is putting the burden on problem of the financial meltdowns there because they are facing deep fi- the wrong end, in my view. I favor re- that we saw as a result of unwise in- nancial problems that have come as a quiring FERC to issue an order approv- vestments by utilities in nonutility result of the utilities spinning off their ing the merger, as is current law. This ventures and the risk that brings to generation capacity, their powerplants, is a major weakening of current law we ratepayers. The conference report repeals the to affiliates which then are in the un- are being presented with here. Public Utility Holding Company Act. I regulated electricity market. Compa- These are only some of the problems have supported repealing the Public nies such as Xcel and Allegheny are ex- in the electricity title. I have also ex- Utility Holding Company Act, and I periencing extreme financial distress pressed concerns about the provisions will explain why. But this conference because of the activities of their gen- that give the Commodity Futures report repeals that act without pro- eration and marketing affiliates. Trading Commission a role in moni- viding adequate protection for con- A second failure of the proposal is toring markets that cut the Federal sumers to replace the necessary protec- that it does not require FERC to create Energy Regulatory Commission and tions that were in that act. I have al- real protections against cross-subsidy States out of such activities; also, over ways taken the position that we should and encumbrance of assets in the new a provision that raises the bar for the repeal the Public Utility Holding Com- merged company. In the bill that we Federal Energy Regulatory Commis- pany Act because it is no longer a use- passed in the Senate, we had protec- sion review on whether contracts are ful device, but at the same time we tions against cross-subsidy. We said resulting in rates that are just and rea- should add authority to the Federal the Federal Energy Regulatory Com- sonable. I know others are going to ad- Energy Regulatory Commission to re- mission must determine that if some- dress those problems in their com- view mergers and to review disposi- one is going to buy something that is ments. tions of property by utilities so we can not part of their utility business, they We have tried, at every opportunity be sure consumers and ratepayers are are not going to be cross-subsidizing during the long course of this legisla- protected. some kind of nonutility activity. tion, to correct these problems. We The conference report purports to Now, that is an essential protection tried to offer amendments that would contain such strengthening of author- for ratepayers. Otherwise, the rate- strengthen the Federal Energy Regu- ity, but I would argue that, in fact, it payers find their electricity rates going latory Commission’s merger authority, weakens the authority of FERC to re- up because the company is losing amendments to ban all forms of mar- view mergers. money in some unrelated business. ket manipulation, amendments to clar- There are three problem areas that I Clearly, we should protect consumers ify FERC’s authority and to strike par- see with this language. One is, the ju- against that. ticipant funding language. We have not risdiction over mergers; second, the The provisions we had in the Senate succeeded in making those changes. As failure to guard against cross-sub- bill, the one we sent to conference, re- a consequence, we have a bill that in sidies, which I think is very important quired that the transaction do no harm my view, I regret to conclude but I do and which was in the bill we passed either to competition, consumers, or conclude, weakens consumer protec- through the Senate earlier; and third, the capacity of regulators to regulate, tions and reliability protections with the language which shifts the burden and it required that the Federal En- regard to electricity. from the company to the Government ergy Regulatory Commission deter- There are others here seeking the if a merger that is occurring is going to mine that there would not be a cross- floor, wishing to speak. I yield the be stopped. It automatically occurs if subsidy to an affiliate company and floor. the Government does not act to keep it there would not be an encumbrance of The PRESIDING OFFICER. The Sen- from occurring under this language, the assets of the utility for the benefit ator from Wyoming. and I think that is bad public policy. of some affiliate. That is a very impor- Mr. THOMAS. Mr. President, I would FERC’s merger authority is essential tant provision which, unfortunately, like to take some time on this bill. I in this industry, which has been based has been dropped from the bill. think we should perhaps divide the on a system of local and regional mo- In the past, all generation was owned time up a little bit here. nopolies but which is moving toward by utility companies. Clearly, that was Mr. JEFFORDS. Mr. President, if I depending almost entirely on a com- under the jurisdiction of the Federal may? I ask unanimous consent that I petitive wholesale market for elec- Energy Regulatory Commission. If a be allowed to follow the Senator from tricity generation. utility merged with another utility, Wyoming.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15221 The PRESIDING OFFICER. Without eral building energy use by 2013. There we will get better mileage out of the objection, it is so ordered. is an effort to do something about it in cars. I mentioned hydrogen. It is one of Mr. THOMAS. Mr. President, I think the conservation area. The bill author- the real opportunities. we need to take a little time to talk izes $3.4 billion for low-income housing, As I said, this is a broad policy. It about the purpose of this bill. All we to be able to assist that housing in follows what the administration began have heard, frankly, is criticism. All being more energy efficient. Our de- several years ago to have a policy for we have heard is people being negative mand for energy—the production of the future of energy production for this about the things that are there. The coal, for example, in the last 5 years country. We need to deal with it in a fact is, what we need in this Congress, has doubled our energy. We are con- broad way. This bill does. and in this country, is a policy. We had tinuing to increase our demand, yet we I understand the people who seem to a policy last year, you will recall, that are becoming more restrictive on our be concerned about it pick out those had almost all the things about which production. little things, and that is all they talk the Senator from New Mexico talked. We have to balance these things. about. But we need to take a look at It did not pass. We do not have an en- That is what is done here, is to seek to the broad bill and what it does. One of ergy policy with all those things he in- get more energy efficiency. We seek to them, of course, is it gives some incen- sists upon getting in there. establish new energy efficiency stand- tives for increasing production. That is We hear from the Senator from Cali- ards for commercial and consumer uses what we need to do if we are going to fornia about the problems that hap- of products, such as stoves and refrig- continue to have the lights on and con- pened there. We need to go back and erators and those kinds of things. We tinue to drive our cars in the years to recollect some of the reasons they hap- need to do that. come. pened in California. That was because We also emphasize renewables. The We have to have production. We have the State didn’t allow for the develop- talk here is we don’t give enough at- ways to do that. I happen to come from ment of energy, it didn’t bring any tention to renewables. As a matter of a production State. We can produce transmission to get it into California, fact, we do. There are incentive pro- more. At the same time, we can protect and they had some price controls on grams authorizing $300 million for the environment. the retail but not on the wholesale. solar programs with the goal of install- These are issues that we talk about We need to go back and focus a little ing 20,000 solar rooftop systems in Fed- here in terms of transporting. For in- bit on what our real opportunity and eral buildings. stance, we can produce more natural obligation is here, and that is to have It authorizes over a half billion dol- gas in Wyoming, and we can have a an energy policy, a policy that deals lars for biomass projects. These are pipeline to get it to the marketplace. with conservation, that deals with al- things that have potential but have not We are in the process of doing that. ternative sources of energy, that deals been moved. This is designed to provide This helps considerably. The same with research, so we can continue to incentives so those things can move thing is true with electric trans- use the energy we have now, but which forward. It authorizes $100 million in mission. also focuses on domestic production. increased hydropower production to in- There are a great many details which We can talk all we want about where crease efficiency of dams. we could go into here. A lot of people we are going to be in the future, and I So we have goals of increasing renew- have talked about the cost. There is a hope we are with more alternatives and ables by 75 percent over just a few cost. more renewables, but the fact is we years. Let me tell you very briefly, from a will not have those for several years. Clean coal technology—coal is our conservation standpoint, that there are The immediate need is to make sure we largest resource of fossil fuel. It now tax credits for energy efficiency. That do not become even more dependent on produces nearly 60 percent of the elec- is a pretty good thing to be doing—tax imported oil and gas from places such tricity in this country. It ought to be credits for producing electricity from as the Middle East and Iraq. used as opposed to gas, for example, be- certain renewables. I believe that is the I want to take a minute and talk cause we are going to have more of direction we want to move—and fuel- about some of the things that are very that and gas is more flexible for other efficient vehicles. Some of these tax positive here because there are very uses. But what we want to do is perfect credits are going to create more con- positive aspects to this energy policy, and increase and make better the gen- servation. keeping in mind it is an energy policy, eration facilities so we can have clean We have talked about reliability in keeping in mind, also, that most of us air, so we can protect the environment relation to the California situation. would like to recognize the differences at the same time that we use this fuel. There are some incentives for accel- between the regions in the country. The Senator from New Mexico was erating depreciation; and natural gas- The idea of having FERC control all talking about transmission. Certainly gathering lines so we continue to the details of operations doesn’t work. you are going to have to have more of produce. It is not acceptable. That is why it has that. You have to start where the fuel These are a great many things of changed this year, so we can put em- is and go to the marketplace. That that kind. phasis on regional organizations so takes transmission. That takes move- Production by marginal wells is one States can concentrate on having ment of that kind. So we need to pre- of the areas that needs to be visited. A things work the way they work in one pare for that, and that is what regional lot of older wells only produce a few region that don’t work in another re- transmission organizations are for, so barrels a day. There has to be some in- gion. you can move interstate as you move centive to continue to do that. But it is That is one of the reasons that stand- in regions. a very important production aspect so ard market design was not acceptable The States can agree on what we do we are not totally reliable on imports. to most people. It has been modified in there. I see others on the floor who are this bill so it is not laid on the country We talk about vehicles and fuels. Ad- going to be more positive than we have originally. There are certainly oppor- vanced vehicle programs: $200 million heard for a while. So I will slow down tunities for FERC to exercise their re- for that; and clean schoolbus programs. here. But I do suggest that we take a sponsibilities, as they should, but after We are putting a great deal of money look at our demand for energy and the States have had an opportunity to into the development of hydrogen for take a look at the growth of demand work as States and then to work as re- use in automobiles and elsewhere. for energy. Look around in your own gions. This is the direction we are This idea that all we are doing is giv- family, in your own business, and in seeking to go. ing credits for production of coal, oil, your own place where you are sitting Let me go back just a moment to and gas is not true. That just isn’t the right now. How much increased de- some of the things we seldom hear peo- case. There are lots of other things in mand do we have for energy? Then take ple talking about in the Chamber about here, as a matter of fact. a little look at where we are going to which, it seems to me, we should be We continue to increase funding for be in 10 or 15 years from now. How are talking. One is energy efficiency. We the Department of Transportation to we going to deal with that? That is require a 20 percent reduction in Fed- work on improving CAFE standards so really what policy is about.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15222 CONGRESSIONAL RECORD — SENATE November 20, 2003 Take a little look at this bill and you justified subsidies and porkbarrel pro- balanced regional interests. Now, it is will find we are talking about con- grams. But, worst of all, this bill seri- unbalanced in so many ways. servation, renewables, and domestic ously harms our environment. For instance, the Senate put positive production so we can meet the needs on On November 7, 2003, I wrote all environmental provisions into our re- which all of us would agree. Members of the Senate listing seven of newable fuels package. One provision I yield the floor. what I believe to be the most troubling allowed Northeastern States to require Mr. CRAIG. Mr. President, will the environmental provisions of this con- reformulated gasoline statewide. Senator yield for a unanimous consent ference report. The Environment and We also provided the Environmental request? Public Works Committee has jurisdic- Protection Agency with the authority Mr. THOMAS. Yes. tion over all of these items. Six of the to better regulate fuel additives to pre- Mr. CRAIG. Mr. President, I under- seven items outlined in my letter are vent future MTBE-like situations. stand Senator JEFFORDS will follow the now in the bill. The bill has not one We provided States with authority to Senator from Wyoming. but two provisions extending compli- reduce the emissions from fuels if too The PRESIDING OFFICER. The Sen- ance deadlines for Federal ozone pollu- much ethanol was being used. These ator is correct. tion standards. are all gone. Mr. CRAIG. The chairman of the full I also mentioned in my letter that I Although I support renewable fuels committee has just come to the floor. was concerned the bill would delay our and ethanol, this package has changed Senator CORNYN is on the floor ready new Federal mercury emission stand- so dramatically that it is harmful to to speak. Senator JEFFORDS has such ards for utilities. It doesn’t do that. In- the air and water. I cannot support time as he will consume. I was going to stead, it authorizes $1.5 billion in com- using the fuels provisions of the Clean offer a unanimous consent to allow pliance assistance grants for the utili- Air Act to damage air quality. ORNYN to speak, to be fol- Senator C ties. Instead, the bill proposes to pay A second item from my letter is the lowed by Senator DOMENICI. Is there up to 50 percent of these compliance treatment of ozone pollution standards any objection to that? costs. This is poor policy. in the conference report. The PRESIDING OFFICER. Is there I would like to review the status of The conferees have agreed to include objection? Without objection, it is so some of the other provisions I de- an extraneous new provision amending ordered. the ozone nonattainment designation Mr. CRAIG. I thank the Chair. scribed in my November 7 letter in Mr. THOMAS. Mr. President, I yield more detail. process in Title I of the Clean Air Act. the floor. First, I would like to let colleagues This is the part of the act that offi- The PRESIDING OFFICER. The Sen- know that the renewable fuels title in cially tells the public how dirty or ator from Vermont. the conference report differs signifi- clean the air is. It tells the public Mr. JEFFORDS. Mr. President, on cantly from the language reported by whether their area meets the health- Monday, I addressed the Senate to the Environment and Public Works based ozone standards and it deter- share my concerns about the environ- Committee in the 107th Congress. The mines what must be done to help clean mental impact of the Energy con- provisions that my committee reported up the air in that area and for its ference report. These provisions are a were ones contained in the energy leg- downwind areas. direct reflection of the manner in islation that the Senate passed this This is an entirely new provision, it which this bill was developed and the year and last year. was not considered by either the Sen- flawed conference process used to This conference report will shield ate or the House of Representatives. produce it. companies that make, use, or market This provision, inserted in the secret Nearly 100 sections of this bill are in toxic gasoline additive MTBE from conference, would allow polluted areas the jurisdiction of the Environment Federal and State product liability off the hook for controlling ozone pol- and Public Works Committee. We were lawsuits. lution for years at a time. It would ex- not consulted on any of these provi- Let me repeat that. It will shield tend the deadline for compliance with sions—not on any of them. companies that make, use, or market the ozone standard almost indefinitely In some cases, such as on the issue of the toxic gasoline additive MTBE from for many areas. nuclear security, the Environment and Federal and State product liability It would also reach back in time and Public Works Committee reported leg- lawsuits. declare some cities with serious air islation on a bipartisan basis. The Sen- MTBE has contaminated ground quality problems as ‘‘clean.’’ This ate could have taken up the reported water in every State of this Nation. whole provision is a direct attack on bill and passed it. This provision was not included in the the Clean Air Act and bad for public Instead, they stuck the provisions of Senate-passed bill. This provision health. the original introduced version of this shifts an estimated $29 billion in clean- As a result, people downwind will suf- bill in this report. Now my committee up costs from oil and chemical compa- fer. The air of the communities down- will likely have to go back and clean nies to State and local American tax- wind of these ‘‘extended compliance’’ up this language if the bill becomes payers. or ‘‘reclassified’’ areas will get dirtier. law. This could have been avoided, if The General Accounting Office esti- There will be more asthma and more the conferees had spoken to my com- mates that there are at least 150,000 respiratory problems. mittee in the first place. MTBE-contaminated sites nationwide. This provision is not the answer to I am deeply concerned that the con- Vermont has 851 of those sites. Pub- transported pollution. The answer is ference report before us does not rep- lic and private drinking water systems for this administration to get cracking resent the kind of forward-looking, bal- in my State have been polluted by on protecting air quality. anced energy policy that our Nation MTBE. If the water right here in the Changing cities’ ozone compliance needs. As I mentioned earlier this Capitol building was contaminated deadlines under the Clean Air Act does week, it does not go far enough in re- with MTBE, we would ban this toxin not increase our Nation’s alternative ducing our reliance on imported oil. today. energy supplies. Further, the bill fails to provide appro- Even though we know MTBE is envi- This provision is not an energy pol- priate and adequate remedies to pre- ronmentally harmful, the conference icy measure. It does not offer an en- vent a recurrence of the electricity report dramatically extends the time ergy-related solution to compliance blackout the Northeast experienced that this product can be added to our with ozone pollution standards, and this summer or the crisis that the West gasoline before we pull it off the mar- does not belong in this bill. experienced 3 years ago. ket. In fact, it may be extended for- The changes put in here by a Con- The Energy legislation fails to ad- ever. gressman from Texas are also unfair to dress other important issues such as a Besides the MTBE problem, the re- States and cities that have already renewable portfolio standard or cli- newable fuels provisions in this con- achieved compliance with the national mate change. ference report are deeply flawed. ozone standards. These States and cit- The bill contains waivers of environ- The Senate’s renewable fuels title ies have worked hard and invested re- mental laws, and it provides for un- was a carefully drafted package which sources in controlling their pollution.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15223 All their work will have been for I would like to focus briefly on the planation of how the Barton provision naught. polluters. is different from the former Clinton There are other cities that have been A senior member of the conference policy. ‘‘bumped up’’ or classified as having committee reported that, yes, this bill There being no objection, the mate- more serious ozone problems. EPA has will not reduce our reliance on pol- rial was ordered to be printed in the already asked them to undertake more luting sources of energy. But it will se- RECORD, as follows: stringent ozone control efforts. cure our energy independence. BARTON’S OZONE EXTENSION PROVISION IS FAR These stronger measures are already I agree with the first statement, that DIFFERENT THAN 1994 CLINTON ‘‘BUMP-UP’’ required and being implemented in nu- with this bill our Nation becomes more POLICY merous cities throughout the Nation addicted to energy sources that pol- The 1994 policy explicitly states that the including: Chicago, Milwaukee, Balti- lute. In fact, I would say that this en- policy should apply only where ‘‘transport more, Philadelphia, New York, Wil- ergy bill equals pollution. from an area with a later attainment date mington, Trenton, Los Angeles, and Four words and a numeric symbol makes it practicably impossible to attain the standard by its own attainment date.’’ Sacramento. say it all here on my chart. The 1994 policy says that in this situation Mr. President, in addition to this Energy bill equals pollution. where it is ‘‘impossible’’ to meet clean air general assault on public health, the This bill pollutes our surface and standards due to transport, the attainment conferees have included one other little groundwater by exempting oil and gas date may be extended, but the new attain- gem. EPA is prohibited from imposing development from provisions of the ment date must be ‘‘as soon as practicable any requirements of the Clean Air Act Clean Water Act. based on the maximum acceleration prac- on an area of Southwest Michigan for 2 This bill pollutes our drinking water ticable for emissions reductions in the down- by allowing MTBE, a toxic fuel addi- wind area and in the upwind area.’’ years. Barton’s provision (Section 1443 of H.R. 6) Obviously, this provision was also tive, to seep into our public and private is not limited to situations where transport not contained in either the Senate or drinking water systems. makes attainment of clean air ‘‘impossible.’’ House bills. Nor is it good public health This bill pollutes our land by allow- It applies wherever there is a ‘‘significant policy. ing unlimited development of energy contribution’’ due to transport. Not only is the Clean Air Act sub- installations on public lands, including What does ‘‘significant contribution’’ stantially amended in this bill, but the parks, wildlife refuges, and sensitive mean? It is undefined in Barton’s provision, Clean Water Act is as as well. The con- areas. but typically significant means ‘‘able to be And this bill pollutes our air in so detected or measured.’’ That is a much, ferees have included language similar much less restrictive standard than the ap- to a provision in the House-passed bill many different ways; primarily by ex- proach under the Clinton administration’s that exempts oil and gas exploration tending pollution compliance deadlines 1994 policy. and production activities from the and continuing to avoid serious And unlike the 1994 policy which discusses Clean Water Act stormwater program. progress in cleaning up our air. ‘‘maximum acceleration practicable for The Clean Water Act requires per- Pollution, that is what we are voting emissions reductions’’ in upwind areas, sec- mits for stormwater discharges associ- on in this legislation. tion 1443 does nothing to address upwind A vote for this bill is a vote for great- sources of air pollution. ated with industrial activity. The con- Another big difference between the Clinton ference report exempts oil and gas con- er pollution. administration policy and Section 1443 is struction sites from stormwater pollu- This is wrong. The American people that Section 1443 is not limited to the one- tion control requirements. do not want energy security at the ex- hour ozone standard. Section 1443 also ap- The scope of the provision is ex- pense of the environment. The word plies to the eight-hour ozone standard. tremely broad. Stormwater runoff typi- ‘‘conservation’’ and the word ‘‘conserv- In 1998, when EPA revised their transport cally contains pollutants such as oil ative’’ are closely related. I am an policy, they knew it would be short-lived. and grease, chemicals, nutrients, met- independent Senator, but I consider EPA had promulgated a new eight-hour myself to be a careful legislator. standard in 1997. By applying this policy to als, bacteria, and particulates. the eight-hour ozone standard, Section 1443 According to EPA estimates, this I seek to be conservative. I try not to will likely have adverse affects on air qual- change would exempt at least 30,000 support legislation that exploits our ity for years and years to come. small oil and gas sites from clean natural resources and pollutes our en- EPA has done no analysis regarding the water requirements. That is a terrible vironment. This bill abandons that ap- public health impacts of expanding this pol- rollback of current law. proach. It is an aggressive, over- icy from the one-hour standard to the eight- Another troubling section of this bill reaching measure. I oppose this bill, hour standard. is the leaking underground storage and all other Senators should as well. However, Abt Associates, a leading air pol- lution consulting firm, found that delaying tank provisions. This issue is also in Mr. President, one last thing I should action meet the 8-hour ozone standard for the Environment and Public Works note for interested Members is that even one year would result in: Over 387,400 Committee jurisdiction. this Barton ozone provision is not the asthma attacks; almost 4,900 hospitaliza- This is another case where my com- same as the former Clinton ‘‘bump-up’’ tions due to respiratory distress; and over mittee unanimously passed a bill that policy. That policy was a case-by-case 573,300 missed school days. is stronger than the provisions in this basis and it applied only to the out- Rep. Barton has contended that this provi- conference report. going 1-hour ozone standard. sion would just give EPA the discretion to The conference report’s inspection Also, the areas receiving the benefit grant a deadline extension if appropriate and that it would not require a deadline exten- provisions are so lax that a tank last of not being ‘‘bumped-up’’ to a higher sion. However, the language is mandatory. If inspected in 1999 may not be rein- nonattainment status under the Clin- section 1443 is enacted, then it creates a new spected until 2009. The bill my com- ton policy had to demonstrate that section 181(d)(2) of the Clean Air Act which mittee passed, and that I supported, their emissions did not cause problems says EPA ‘‘shall extend the attainment would require inspections of all tanks downwind. That protection appears no- date’’ for downwind areas. every 2 years. where in Barton. The PRESIDING OFFICER. The Sen- While the underground tank program This Barton provision completely ator from Texas. needs reform, the conference report disrupts the Clean Air Act’s designa- Mr. CORNYN. Mr. President, I want takes a step backward. It allows leak- tion process and appears to do it indefi- to speak for a few minutes about the ing tanks to remain undetected for nitely. Energy bill conference report that is years. And, in many cases, it allows I hope the Congressman from Texas before this body, and specifically ad- the polluter off the hook for cleaning is willing to pay the hospital and doc- dress some of the criticisms that have up his own mess. tor bills of all the children whose been made against a clean fuel additive Let’s review what we are debating health he and his Congress will damage that was mandated by Congress under today: An energy bill. Actually, it is an if this bad bill becomes law. Every per- the Clean Air Act, and which was spe- energy producers’ bill; an energy pol- son who votes for cloture and for this cifically certified for use by the Envi- luters’ bill; an energy profiteers’ bill. bill should also be held responsible. ronmental Protection Agency. The three Ps: Producers, polluters, I ask unanimous consent to have But, first, let me just speak more profiteers. printed in the RECORD a one-page ex- generally about the need for a national

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15224 CONGRESSIONAL RECORD — SENATE November 20, 2003 energy policy in this country. We are a bill that I want to talk about, but this tank into the surrounding environ- country that likes to consume a lot of is a bill that is not just good for Texas, ment, it can cause some harm. Com- energy—whether it is gasoline, natural this is a bill that is good for the entire mon sense tells us that. But rather gas, coal—because it improves our Nation. It moves us one step forward, than focus on the leaky tanks and the quality of life and because it is key to and it is one that I believe is in the people who have negligently allowed growth in our economy and our pros- best interests of the American people. those tanks to leak, we have people perity, which, in turn, creates jobs so There has been some criticism of the who want to aim their crosshairs at the people can provide for their families. provisions of this bill as they relate to people who produce MTBE, which has At the same time, we are a country a chemical called MTBE. The technical improved public health and air quality. that loves and cherishes our environ- term is methyl tertiary-butyl ether. What this bill simply does is provide ment, whether it is clean water or Now, people may wonder why we are a safe harbor provision for those who clean air. We know that by consuming talking about MTBEs, and why it is so have produced this product, which has energy we need to also take necessary important. Well, the truth is, this was improved the public health, and says: steps to protect our air and our water mandated, the use of reformulated gas- We are not going to stab you in the and our environment at the same time. oline, in the Clean Air Act about 20 back for doing what the Federal Gov- We do not want to be forced to choose years ago because what Congress recog- ernment asked you to do in the first one or the other. We want, and I be- nized was that unless we could find place. lieve we can have, both. We can have ways to burn gasoline in a cleaner, In other words, the Federal Govern- the energy we need in order to main- more environmentally friendly way, ment said: Please invest your money, tain our quality of life and our pros- then we were going to have dirtier air. Mr. Businessman. Please create this in- perity and to fuel our economy, and we So Congress mandated the use of re- frastructure to produce this reformu- can also have that energy supply pro- formulated gasoline. American enter- lated gas additive that allows our air duced and consumed in a way that pro- prise, as it does so well, innovated, cre- to be cleaner. tects the environment against unrea- ated this product, which has then been We are not going to let that happen sonable damage. used over the last 20 years and has en- and then years later, when perhaps The reason I support this Energy bill abled literally millions of people with memories dim and when someone has is not because I believe it is perfect. I lung disease, asthma, and the elderly another idea, to say: Yes, we have you. do not believe there is such a bill, un- to breathe easier. In other words, this Now you are going to be liable for less the person talking happens to be oxygenate, as it is called, this chemical money damages because you have done the author of that bill. That is prob- compound, has improved the public what Congress and the EPA asked you ably the only bill any of us would agree health in this country over the last 20 to do. We don’t care about the benefit was perfect, the one that we were able years. We are a better and healthier to the public health by producing clean to write by ourselves. But, of course, Nation for it. air because now all we are concerned that is not the way it happens. That is As a result of this Federal mandate about is getting the people who have, not the way the Founding Fathers con- that reformulated gasoline be used, and perhaps, the deep pockets. ceived of legislation passing. that something be innovated and cre- What we are discussing, in terms of So what we have is a bill that has ated to allow gasoline to burn cleaner the safe harbor, is a provision that en- some strengths and some weaknesses. so we may breathe easier, people in my sures fairness, that preserves the trust But, on the whole, I support this bill State and around the country began to that is so important to guaranteeing because I believe, for the first time in produce MTBE. And you do not do that that we in this country have the bene- at least 10 years, it means America has overnight. It takes a lot of infrastruc- fits of the innovation that the free en- the hope for a national energy policy ture. It takes a lot of investment to terprise system provides and that im- that not only serves our economic in- produce this particular product. proves all of our lives. terests but serves our national security Indeed, 70 percent of MTBE is pro- I hope we are not going to say to interests as well. those who place their trust in Uncle About 60 percent of the fuel we con- duced in the State of Texas and, not Sam, when Uncle Sam says, please, Mr. sume in this country is imported. Over coincidentally, it creates a lot of jobs Businessman, innovate and create a the years, as we have consumed more in our State. It is used in parts of the product that is going to improve public and more energy, we have also become United States which are among the health, we are not going to allow that more and more dependent on imports most polluted because we universally to be turned into a liability. There are from other parts of the world. We know recognize that the use of reformulated some who want it to turn into a liabil- one of those locations in the world is gasoline and this particular oxygenate the Middle East, which is the subject, is important to reducing pollution and ity. In fundamental fairness, as well as of course, of daily news reports. We improving the public health. our collective interest in the innova- know how troubled it is. We know how Well, the problem is—that this En- tion that comes in the free enterprise volatile that area of the world is. It ergy bill seeks to identify—in some system, when people step up and means our energy supply is in jeop- places we have seen that people who produce a product from which we all ardy. Thank goodness we have been store MTBE in storage tanks have not benefit, we should not let that innova- able to secure a steady supply of fuel, kept those tanks in good repair and tion and we should not let that com- but it is at risk—as much at risk as the they have leaked this oxygenate into mitment and that trust suffer as a re- next headline, the next news flash, the surrounding environment. sult of this legislation. where we learn that some terrorist ac- But rather than address their ire and I congratulate Chairman DOMENICI tivity or some disruption of our energy their concern—a concern which I and the conference committee for supply is caused by other governments share—at those who maintain leaking standing strong in the interest of fair- and other people beyond our control. tanks, we have people focusing on this ness. It is true that over the next 15 So I think what we need to do, and chemical compound—which has not years, MTBE will be phased out. There what this Energy bill does, is encour- been shown to be harmful to public will be other products that will step in age innovation and increase produc- health but which, indeed, has improved to provide cleaner burning gasoline, tivity here in America so we are less the quality of the air we breath over those that are based on ethanol. But, dependent on imported energy. I think these last 20 years—people who want to frankly, unless the safe harbor provi- that is a good thing. opportunistically claim that this sion stays in this bill, if I were some- What we have right now is a schizo- chemical is somehow dangerous, when, one who was going to produce an eth- phrenic energy policy in this country, in fact, the fault lies with those who do anol-based gasoline additive to produce one that squanders our strength in not maintain the tank in which this a cleaner burning fuel, I would be very terms of our natural resources. It dis- chemical is stored. skeptical about investing the money, courages innovation, and it leaves con- We realize—and common sense would about developing a product that will sumers too vulnerable. tell us—that whether it is gasoline or clean our air, because I would worry There are specifically some interests whatever the product is, if it is in a that just as those who are targeting that relate to my State of Texas in this leaky tank, once it gets out of that MTBE, we would be back here 10 or 15

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15225 years from now, saying: We caught time to pass comprehensive energy leg- get after these guys because somebody you. And what are you guilty of? You islation, I ask my colleagues: When is? got hurt. Sue the companies that pro- are guilty of trusting Uncle Sam and If now is not the time to pass com- duced it. People are saying: After all, Congress. Now we are going to let en- prehensive energy legislation where they are rich companies. trepreneurial lawyers and others make America can again have a coherent and That is not the American judicial claims regarding the very product that comprehensive energy policy that pro- system. Liability is not based on you designed in order to meet the tects our economy and our national se- whether you have a successful com- needs of the American people. They are curity, when will we pass such a bill pany. As a matter of fact, one of the going to sue you for it and try to take and embrace such a policy? We should reasons some people are upset about everything you have and more. do so without any hesitation and with- this safe harbor is that they think the I don’t think that would be fair. I out any further delay. ones with money are the ones that are don’t think that would be right. Frank- I yield the floor. going to be in this safe harbor; namely, ly, I wanted to come out here and talk The PRESIDING OFFICER. The Sen- those that produced a product. They a little bit about how we got to this ator from New Mexico. don’t think there is going to be enough place because I think anybody who un- Mr. DOMENICI. Mr. President, I was money for them out there in the mar- derstands the complete story would un- going to go next, but I note the attend- ketplace where other things have gone derstand that while this bill phases out ance of the distinguished Senator from wrong. They don’t want to have to look MTBE use over the next 15 years, it Louisiana. He would like to speak, and for people who had leaky tanks and sue also, at the same time, preserves the I will yield to him. them and their insurance companies. trust that is so important to getting Let me make one or two observations They want to leave that to somebody investment in innovative products that regarding the speech just delivered. else, right? They want to go after one make the public health better. First, I thank the Senator from Texas of these companies—I don’t know Manufacturers will be extremely re- for the reasonableness, the rationality which one—and a number of them are luctant to invest in other additives of his discussion. He would not believe, in Texas. People will say: There is that without some confidence that the Fed- the people who have listened to the de- old Texas again. eral Government will not allow those bate over the last couple of days would Well, Texas has about 13 companies investments to become the basis of fu- not believe the facts as you have de- that produce various products related ture liability. scribed them, which are the facts, with to this whole area, not just this. Some In short, the bill Chairman DOMENICI reference to MTBE. This bill does not of them produce this product. If I were and the conference committee have say if somebody misuses MTBE, neg- the Senator from Texas, I would be crafted ensures that clean alternative ligently spills it, if they have tanks right here doing what he is doing. The fuels will not be regarded as unreason- that leak, if they are not careful to Senator is not opposed to those compa- ably dangerous simply because they keep it where it is supposed to be, it nies, right, or embarrassed by them? comply with Federal mandates. It is doesn’t say those kinds of actions are He is saying: Good luck. He is not em- important to say, though, that if some- rendered nonactionable in tort liabil- barrassed that they are making money. one is negligent, whether it is main- ity. I assume they pay a salary to people in taining a leaky tank that contains The safe harbor is very narrow. It his State. I assume these towns like MTBE or any other product, and it says the producer of the product, which them. They are not doing anything to causes harm, they are not protected by has been determined by the Govern- these towns. There is no pollution in the language in this bill in any way. ment and to date determined by sci- the towns where it is being produced. There is no defense or immunity from entists to be totally safe and very ef- Those who would kill this bill over a suit for negligent conduct. fective, it says those who made the this issue have said to the farmers of I have heard some say that MTBE is product are not liable for the mere fact the United States who want to use a threat to public health. As I said, of making it and selling it. They are their crops to produce ethanol—if you MTBE on the whole has benefited pub- not liable. If it causes harm because of vote this bill down based on this MTBE lic health. The truth is, it is one of the other actions with reference to it, then issue, you are saying to the farmers in most widely studied chemicals in com- the hold harmless does not apply. That your States—there are 12 or 15 of merce, including the pharmaceutical is what the Senator has been telling us them—that have lots of corn and soy- industry. The overwhelming majority today; plus, he has enlightened us that, beans: We are taking the trial lawyers of scientific evaluations to date have even as we speak today, contrary to over you. You are saying: We have a not identified a single health-related the elaborate statements regarding choice to make and tomorrow morning risk from the intended use of MTBE in people who have been damaged and we will make it, and we will choose the gasoline. Numerous government and hurt, the scientists in the Government trial lawyers; we want to help them world-renowned independent health or- still say, as a product, it is safe; as a and forget about the farmers. That is ganizations to date have found no com- product, it is tremendously effective; the issue, as I see it. This will not end pelling reason to classify MTBE as and as a product, the Government isn’t because we are going to go into MTBE even a possible cause of harm to human even considering doing anything about today in a little more detail. beings. Because MTBE manufacturers it. They are not out there saying we I yield to the Senator from Lou- have complied with the requirements want to stop it. I have not heard that isiana. of the federally mandated program, from the EPA or anyone else—I think (Mr. GRAHAM from South Carolina MTBE should receive the equivalent because they would have no evidence— assumed the chair.) legal treatment as ethanol for the rea- that there is anything wrong with the Mr. BREAUX. Mr. President, I thank sons I have mentioned: for reasons of product. the chairman for the work he has done fairness and sound energy and con- I say to everybody in this country on this legislation. It has been difficult sumer policy, and to encourage the who wants ethanol, ethanol may prove, and time-consuming, and it has occu- kind of investment that ultimately as an additive, in 15 years to cause pied a great deal of his time. It seems will improve and maintain the public some damage. Are we going to go back to me that everything the Energy bill health. 15 years and say to the farmers who does in terms of traditional oil and gas The facts that demonstrate the need grew the crops that went into ethanol: exploration and development, and what for a comprehensive energy policy that You are collectively, as the farmers of it does in geothermal, encouraging this bill represents are overwhelming. America, liable for producing the corn wind power and alternate fuels, has Gas prices are at $1.50 and above in that produced ethanol that produced a sort of become secondary to the ques- most areas of the country. Natural gas problem 15 years later? I doubt it, be- tion of MTBE. prices at the burner tip are more than cause I don’t think anybody would be I guess Americans who are watching $9 per 1,000 cubic feet. This summer, as down here saying we want to stick all this debate where we are talking about we will recall, 20 percent of the Nation these hundreds of thousands of farm- an Energy bill might say the whole faced a total blackout which lasted ers. But right now we are saying: Have thing will rise or fall on what Congress more than 8 hours. If now is not the at it, trial lawyers, we hope you can does with MTBE. They would say:

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15226 CONGRESSIONAL RECORD — SENATE November 20, 2003 What are you talking about? Energy misuses it. Then they ought to be able Democratic Policy Committee nor a security, energy efficiency, and less- to be sued. They should be responsible. political document from the Repub- ening our dependence upon foreign im- Somebody gave me the analogy of a lican Policy Committee. It is the lan- ports; that is all part of this legisla- company that makes baseball bats. If guage on which we are going to be vot- tion. It does a good job in that area. somebody buys a baseball bat and ing. Could it do more? Of course. But it takes it home and beats up his wife or The language says very clearly that does a good, solid job in working with his children, or the wife beats up her ‘‘nothing in this subsection’’—in the the issues of electricity and traditional husband, then someone should not be bill—‘‘shall be construed to affect the oil and gas development and alter- able to sue the manufacturer of the liability of any person for environ- native fuels. baseball bat. Of course not. mental remediation costs, for drinking So the question now comes down, for The bat, if used for its intended pur- water contamination, for negligence, many on my side of the aisle, to what pose to play the game of baseball, is for spills, or other reasonably foresee- Congress is doing with MTBE. I not a defective product. That is the able events, public or private nuisance, thought I would try, in a limited way purpose for which it was manufactured. or trespass, or breach of warranty, or and in a limited amount of time, to ex- If someone uses it to cause harm, they breach of contract, or any other liabil- plain what I think the issue is. should be responsible, not the manufac- ity other than the liability based on The legislation establishes for turer of the bat, not the manufacturer the fact that it is a defective product.’’ MTBE—which is a fuel additive, to of the product. MTBE is not a defective product. If make fuel burn cleaner, like ethanol— If MTBE is used as it is supposed to you misuse it, it can cause problems. If the same standards for liability for one be used and made according to the you drink it, it could kill you. That is who produces it and misuses it as it standards Congress told it to be made not its intended purpose. If you drink does for ethanol. What does it mean? by, it is not a defective product; it is a gasoline, it will kill you. That is not The legislation simply says you cannot very valuable product. The legislation its intended purpose. Its intended pur- sue a manufacturer of this fuel additive simply says if the product is used ac- pose is to run engines for the economy because it is a defective product if it is cording to how it should be used, you of this country. made according to the standards to can’t sue the manufacturer because I am well satisfied that we have which the Government told them to someone else misuses it. crafted a section on MTBE liability make it. Congress mandated that peo- The important thing is that it does that is reasonable; it makes legal ple produce MTBE to be a fuel additive not deny an injured person redress or sense, and it just makes common sense. so that gasoline would burn cleaner. the opportunity to sue if damage is There may be other reasons not to be You can add ethanol or you can add done. The proposed language in the for the Energy bill, but it should not be MTBE, and the results are that you chairman’s bill makes it abundantly on this particular issue which has been have a cleaner product. clear that any claims of negligence or misconstrued by those who say they Some in this country say: Well, if spills or drinking water contamination have concern. MTBE gets into the drinking water, can go forward in the judicial process. I yield the floor. the ground water, we ought to be able That is part of the chairman’s legisla- The PRESIDING OFFICER. The Sen- to sue the manufacturers because they tion. The only claim that is restricted ator from New Mexico. have produced a defective product— is suing someone who makes a product Mr. DOMENICI. Mr. President, I even though they have nothing to do according to the formula they are sup- struck an agreement with a couple of with the injuries or the damage that posed to make it; they cannot be sued Senators who have been waiting to occurred. for making something that we told speak. Senator NICKLES would like to What I mean by that is this. Here is them to make in the first place. Not follow me. I ask unanimous consent an example. Suppose somebody goes only is that common sense, it is good that he follow me. Secondly, the Sen- down to the local Exxon station and judicial sense. That is what the bill ator from California, who was just here they buy 100 gallons of gasoline, and says. a bit ago, asked that she proceed next, then that person takes the 100 gallons I read the legislation. I said: What is and I ask unanimous consent she pro- of gasoline and dumps it into the everybody talking about? Because it ceed next. drinking water system of their home- can’t possibly be true. Guess what. It is The PRESIDING OFFICER. Is there town. Should someone be able to sue not. The lawsuits that are still avail- objection? Exxon because they have made a prod- able to proceed against misuse of these Mr. LEAHY. Reserving the right to uct that this person dumped into the areas are substantial. It specifically object. The PRESIDING OFFICER. The Sen- river system or the drinking water sys- maintains claims for environmental re- mediation costs. You can still sue for ator from Vermont. tem? Of course not. They would be Mr. LEAHY. Let me see what this drinking water contamination. You laughed out of court. If the Exxon serv- means. Are we doing this under a par- can still sue for negligence, for spills, ice station took the 100 gallons of their ticular time? gasoline and dumped it into the river or other reasonably foreseeable events. Mr. DOMENICI. No, we are not. system, then Exxon, the seller and You can still sue for public or private Mr. LEAHY. The Senator from manufacturer of that product, would be nuisance. You can still sue for trespass. Vermont would like to speak on two negligent and would be responsible, and You can still sue for breach of war- different issues: the energy issue and you could sue them. ranty. You can still sue for breach of wants his experiences here in Wash- But there are numerous lawsuits contract. And you can still sue for any ington at the time of President Ken- brought against the manufacturers of other liability, other than a liability nedy’s assassination. I want to get MTBE, not because they did anything based on the claim that you made a some idea of time. wrong with the product they make; the bad product and, therefore, you ought Mr. DOMENICI. The Senator can product is made to be put into gasoline to be liable for damages. I think that is speak after the Senator from Cali- to make it burn cleaner. It is made ac- something no reasonable person would fornia. That is fine. She is right here. cording to the standards set up and re- say is needed or necessary. Mr. LEAHY. Mr. President, Senator quired by the Federal Government. I was reading the language. You can DOMENICI was saying the Senator from So the legislation says: Wait a talk about papers and this group sent Oklahoma and then the Senator from minute, you cannot sue the manufac- out this piece of paper and that group California. Might I ask the Senator turer for doing what Congress told sent out this piece of paper, and we get from Oklahoma—I am not going to ob- them to do in making a product that, if all this material about ‘‘vote against ject—how long will the Senator speak? used in a correct manner, is very effi- this’’ and ‘‘vote for it.’’ Every now and Mr. NICKLES. Twenty or thirty min- cient, effective, and helps clean up the then it becomes important, I say to the utes. environment. chairman, to actually read the legisla- Mr. LEAHY. The Senator from Cali- Some say: No, we want to sue them tion. You cannot put a spin on the fornia? because it is a defective product. The words of the legislation. Legislation is Mrs. BOXER. Fifteen to twenty min- product is only defective if someone not a political document from the utes.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15227 Mr. DOMENICI. And I am going to small, produce alternative sources of that one is doing what is prudent and speak for 20 minutes now. energy for America and, in many in- there is no more reference to the use of Mr. LEAHY. I wonder if I might ask, stances, to do that, they have been these lines. to make sure in case Senators wish to given a tax incentive. All of those al- So let us summarize that one. For speak longer, to amend the unanimous ternatives will be dead when this bill is the time being, and I think for some consent request so the senior Senator killed, if it is. time to come, the blackouts in Amer- from Vermont could be recognized at a The ethanol program, which many ica will remain alive and possible be- quarter of 2 for up to 20 minutes. have wanted for years—a few in this cause we will have thrown out the win- Mr. DOMENICI. I have no objection, body don’t like it, but let’s just take it dow the reliability standards that are but I would like to add, with that for what it is—everybody should know in this bill because some want to make agreement, that the distinguished Sen- the ethanol program is dead, killed, the case on an issue such as MTBE or ator from the State of Kentucky would gone, out the window. the like which we are talking about like to speak, and he will either speak Now, there are some who would ap- today. before the Senator from Vermont, if plaud it, but the overwhelming number There is regulatory certainty re- the quarter of 2 has not yet arrived, or of people, and the entire agribelt of quired for the utility industry. If we after the Senator from Vermont America, is cheering that we pass it, fail to provide that, FERC, with con- speaks. not that we defeat it. I, frankly, do not gressional direction on issues such as Mr. LEAHY. But at quarter of 2, the see any way, I say to all the farmers in standard market design and trans- Senator from Vermont is to be recog- this country, of ever getting an ethanol mission pricing, will be gone. They will nized. bill anywhere like this if this bill is be dead. The repeal of the Public Util- Mr. DOMENICI. That is the junior killed. ity Holding Company Act will be Senator from Kentucky who is asking So to repeat, for those who think we killed. for time. need ethanol to provide an alternative Some people have said if nothing else The PRESIDING OFFICER. Without 5 billion gallons a year to the use of was in this bill, the repeal of PUHCA, objection, it is so ordered. crude oil gasoline, and for farmers who a 1935 vestige that hangs around over Mr. DOMENICI. Mr. President, I sure want an alternative crop, kill the bill the utility industry, prohibiting in- hope the people in this country and and you have killed that forever. vestment over some kind of fear that is those who have written about MTBE The renewable fuels provision would no longer a reality—and look how long were privileged to hear the few re- replace 5 billion gallons of oil with 5 we have been waiting to get rid of marks that took place this morning billion of domestic-produced ethanol. I PUHCA—I think it would be fair that I about the issue from the distinguished have alluded to it. It will die with the could say if this bill is killed, PUHCA junior Senator from Texas and the Sen- death of this bill. is here forever. So industry that is ator from Louisiana. I don’t plan to Over 800,000 job opportunities for our waiting for an injection of money, they speak anymore about MTBE now, but citizens will go out the window, dead, can sit by and eke out investment be- before the afternoon is finished, I will killed, for those who relish speaking cause the principal impediment will speak to it with a little more detail so about killing this bill. still be there. The repeal will have been people will understand that the House Clean coal initiatives, which for the killed. asked us to do this, and they didn’t ask first time say to America, America, There are some who say because us for anything unreasonable. This is a you are king, K-I-N-G, King Coal, and their States have had some unlucky or very valid approach to a problem that we want to provide some incentives so unfortunate situations, such as Enron, cries out for a solution, other than to you might use some of that coal. Well, that consumer protections are nec- turn it loose and let anybody sue how- for those who want to kill this bill, essary and then, of course, they look at ever they would like and see what hap- ‘‘King Coal’’ will remain a dead prod- this bill and say, I know what protec- pens. uct. We can inventory it, we can take tions I want and they are not exactly Having said that, I wish to talk about note of it, and we can brag that Amer- the way I want them in the bill, so this bill that is before us from the ica has coal that will run the country they come to the floor and say there standpoint of what is going to happen for—I do not know how long. The last are no protections. But I say if this bill if those who have come to the floor and time I read something, it would run it is killed, you kill the consumer protec- been so critical of the bill prevail and for 500 or 600 years. Out the window, no tions in this bill which are against we don’t have this bill. chance to use it because we will be fraud, manipulation, which force in- I don’t want to go back and spend a using every other fuel led by natural creased transparency, which increase lot of time duplicating the words that gas and we will soon be importing liq- penalties for violation of the Federal have been used about this bill. Suffice uefied natural gas because there is no Power Act and Natural Gas Act, and it to say, there have been enough nega- way we are going to use our coal. they close the Enron fraud loophole. tive words used about this bill that one So let me repeat in simple phrases, Now, you can throw all of those out might consider it is the worst thing ‘‘King Coal’’ will remain dormant but the window for people who want to find that ever happened. for the small amount being used. Not a fault and want to talk about a turkey I would like to tell each and every new powerplant will be built using and want to talk about the goodies in one of the Senators and each and every coal. It is dead. this bill, but I am telling you what you American who is concerned what is Yesterday there was a report by a lose when you lose this bill. I am ready going to happen if this bill doesn’t commission. The commission worked for anybody to come and say it is not pass. since the Northeastern blackout. They true. The impression is this is just a big issued a report, and the summary of How are we going to get these if this bill that somebody put together that the report is two or three pages long. bill dies? Will the House come march- has a lot of pieces to it. We don’t like What they have concluded, I say to my ing down the aisle, just having gone some of them and some of them we colleagues, is that the principal reason through this exercise, and say, oh, think are giveaways, so we ought to for the Northeast blackout is that well, let’s just start next week and do just kill it. I am going to use the word some companies were not following the another one? Does the Chair think so? ‘‘kill’’ for a little while because I as- voluntary reliability standards. Then I think not. Do my colleagues think sume those people who have gotten up those who made the study conclude this Senator spent the better part of a and talked that way would like to kill that if this bill is passed, there should year on it, and do they think I am the bill. not be another blackout because the going to march to my committee and First, if we kill this bill, fuel diver- reliability standards are made manda- start hearings and saying, oh, well, we sity efforts that will help reduce our tory and they will be enforced by did the best we could but we better just dependency on foreign oil and gas will criminal penalties. So nobody is going start over again because we heard so be killed along with it. In other words, to run around taking a chance with many speeches? Not on your life. The this bill is a conscientious effort to overloading and breaching the reli- speeches had little to do with the im- help American industry, large and ability standards. Reliability means portant provisions in this legislation.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15228 CONGRESSIONAL RECORD — SENATE November 20, 2003 They had to do with things that were trip to France? They will show you happen. If you throw this bill out, that put in the legislation, as everyone where they put theirs. It is a building is not going to happen either. I don’t knows, when it is run through both the that looks just like a schoolhouse. know how long before you get anything House and the Senate and individual You walk into it and look around and going in Alaska, with the kind of fear bodies and then through a conference. you ask: Where is the spent fuel? and trepidation that happens every Tax credits—let me say I am aware of They say: You are standing on it. time you mention capturing some of the tax credit game, and this bill is What? their resources. filled with tax credits that people It is right there. It is encased and There are many other provisions in wanted and needed and on which I am they put in solvent and put in water, this bill. There are all kinds of great sure some of my good friends are quite glass put upon it, and they are smart research programs. They are misunder- certain we were too generous. I note enough to say that will be safe for 50 to stood because they are not paid for; the presence of my great friend Sen- 100 years. Guess what. They say: We they are authorized. They are saying if, ator NICKLES and I am sure he is not will find a solution or a use for it in in the future, Congress wants to pay going to get up and speak about MTBE that period of time. for some additional research in—let’s and we ought to take it out, but he is We stopped producing nuclear power- just pick one—nanotechnology, this going to wonder whether we put in too plants, one of the reasons being we gives them authority but doesn’t pay many tax credits. don’t know what to do with the waste. for it. That is one. If you add it up, you For every newspaper article and edi- An engineering problem, and nothing will say this bill costs all these things, torial that said: let’s kill this bill, it is more, has killed nuclear power in but it doesn’t cost those things, be- no good, there are hundreds of letters America. We have said maybe some- cause those are part of—like when you of support from the people affected. body would like to try it and we will fund an education bill, you fund it for They do not write editorials. They give them some incentive to get around a lot more than you need and later on write and tell us their problem. the difficulties involved. I hope we do you pay for what you can afford. The people who build and sell wind- it this way. Because if we don’t, I think I could go through some more, but mills and have giant windmill projects we can probably say, during my life- my good friend Senator NICKLES wants going, they are very clear. This is the time—I am not sure about the lifetime to speak. He will be to the point. He best thing that ever could have hap- of the occupant of the chair, who is a will cite some problems with the bill, I pened to them. We have made perma- very young Senator and very much am sure, and will also tell us some of nent the production tax credit that is waiting around to see this happen. You the things that are reasonably good sending windmills soaring in the may see it, but I don’t think I will, be- about it. United States, and I do not mean soar- cause you have to give some incentives I am glad people have not come down ing in the air, I mean soaring in num- to get started and then the public will here and made a lot of noise about the bers. see the new generation, something we whistleblower protection because we Some ask: Do you really want those, ought to have going on in our country. did continue protection of whistle- Senator? And I sometimes chuckle. I I could go on. Before I stop, though, blowers, contrary to what some of drive around and see some of them, and I want to talk about Alaska and nat- their main groups are saying. They I am not sure. But they will build them ural gas. First there was a program—it just wanted more, not continued pro- pretty before they are finished. They is not in this bill—to capture crude oil tection. But we have continued them. will even be good looking. Right now, that is in ANWR. We were told: If you There are at least 10 other major some people write us letters and say: put it in the bill, it will be filibustered. issues we have done that I truly don’t We don’t want any more of those. Some Isn’t that interesting, Senator NICK- believe will get done in the near future. people in Massachusetts wanted us to LES? You weren’t for taking it out; you They are more or less moribund—that put something in this bill saying the wanted it in. Now we have left it out means dead—if we finish this bill by local community could stop them if and we have somebody filibustering be- not voting for cloture and voting for they didn’t want them. We couldn’t get cause of the MTBE hold harmless the bill. that done if we tried. In any event, the clause. I thank the Senator for listening. To credits for that are gone. If we pass the I wish we had known we were going the extent there are programs in here bill, we will see it soar. to have cloture votes down here. Maybe that others have worked hard to get in Regarding solar, we received all we should have put it in and had clo- here and are very proud of and I kinds of congratulations and support ture on a lot of things, including haven’t mentioned, please understand I from the solar industry, saying it will ANWR. But we didn’t put it in, in good did not mention everything. I men- finally go now. It will go, but it is dead faith, because the minority leader said tioned what I could. What I didn’t, I in its tracks when this bill dies, if it he had enough votes to kill it. So we am glad, in our spare time, to get on dies. I don’t think it is going to. At left it out. the phone and suggest to others the least I hope not. Alaska is loaded with energy. What rest of the things that are here. You can go right on through. Bio- do we do in this bill if we can’t utilize I close by saying there are a lot of mass and all the others are anxiously some of their energy? We tried very ways we could have done this bill. We waiting so they can begin to produce hard to assure the delivery of natural have been chastised, we have been ridi- alternatives, adding to the totality of gas to the lower 48 because it will not culed, we have been put upon because what we will use for energy in Amer- be longer than 10 years until we will be of the way we put the bill together. All ica. short of natural gas and we will be I want to say to my fellow Senators is We have been so bold that we say the using it from other countries. Won’t it we got a bill. We tried this before. We next generation, economically speak- be interesting? With a State of ours have gone through a year, year and a ing, will be the hydrogen generation. I loaded with natural gas, America, half and got nothing. I started this am not sure about that, but this bill which is using natural gas like it went with the idea we would get a bill and it starts us down that path. I don’t know out of style, will be importing LNG would be reasonably close to what we where we are going to pick up a bill from all over the world. We will say: would have gotten had we spent much that will put together the kinds of Here we are again. Instead of getting more time collaboratively with many things that are involved, such as $1.6 independent, we are getting dependent. more scriveners, many more writers, billion to start joint ventures with the But we did try our best. This bill says than we had. I think that is the case. automobile companies to build this. bring it down through a certain area Most people who were interested saw Then there is nuclear. France leads and bring it to Chicago. We said we will the product long before it came to the the world. While we tremble, they help the companies that will build it. floor. build. While we worry, they have 78 We did what we could by way of credits You notice I did not mention elec- percent of their electricity from nu- and accelerated depreciation, but as of tricity reform, other than indirectly. clear power. While we run around wor- today we have no assurance that it will But I will say for those who want rying where are we going to put this be done. We have hope, and at least we FERC to run the entire grid, they will waste product, do you want to take a have done what we could, and it may have that if this bill fails. For States

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15229 that think we ought to have FERC administration proposed and passed, Also, during the Carter administra- doing it, they can be gleeful. under a Democratic controlled Con- tion they passed the bill creating the We thought we ought to phase it in gress, several energy measures at that Synthetic Fuels Corporation to sub- and we thought we ought to let some time which only served to worsen the sidize the creation of synthetic fuel States provide differently for them- energy related problems afflicting our from coal and shale oil. That was selves, but we made sure they couldn’t nation. As a business man living in passed in 1980, and it expired—thank close out investors who wanted to Ponca City, OK, I thought: What in the goodness—I believe in the 1986, but not come into their States and put in utili- world is Congress doing? Everything before it wasted billions of the tax- ties. We didn’t make it simple, but we they were doing, in my opinion, was payers dollars. let it happen and we let them get their very shortsighted. Maybe they had It is important that we not pass bad money back, too. good, laudable goals, but they were legislation. But it is very important Those are tough issues. You don’t get very shortsighted if you happen to be- that we pass energy legislation. We are the bill, and you might get what some lieve in free market principles. The one far too dependent on unreliable sources people like, or you might get that bill they passed that probably had that can choke and strangle our econ- chairman over there who thinks he more to do with me running for the omy. We have seen that happen in 1993. knows how to run it all by himself. You Senate than anything was the windfall We have seen it happen in other years. might get that. I didn’t think that is profits tax, which Congress passed in We can’t allow that to happen. We have the right way to go. But I didn’t have 1980. I was a State senator who hap- become far too dependent on foreign the luxury of writing four versions. We pened to believe in free markets. The oil. We import over 50 percent, and it is had to write one version the best we knowledge that my government would growing towards about two-thirds de- could for everybody. We did that. pass a law which so disincentivised the pendency on foreign oil. That is not ac- I yield the floor. I thank the Senate. production of the very commodity we ceptable. What can and could and The PRESIDING OFFICER. The Sen- were most in need of at that time led should be done? ator from Oklahoma. me to conclude these people were com- The bill that we have before us has a Mr. NICKLES. Mr. President, I com- pletely out of touch with reality. blend of a lot of things. It encourages pliment Senator DOMENICI, the chair- Then Congress passed a bill that said production and it encourages conserva- man of the committee. He stated at the we are going to tax domestic produc- tion. It also does a couple of other beginning of the year that he was going tion, but we do not tax imports. The things—talking about some fixes on to produce a very comprehensive En- net impact of that is you discourage the books that need to be replaced. ergy bill, and he has done it. I have domestic production and you encour- It reforms PURPA, the Public Utility been in the Senate for 23 years. I have age imports. That was about as anti- Regulatory Policy Act. I believe that been on the Energy Committee with free enterprise as any piece of legisla- passed in 1978 as well. We are finally Senator DOMENICI for 23 years. This is tion I could conceive. going to repeal it. That required utili- the most comprehensive piece of en- I was so irritated that I ran for of- ties to pay for avoided costs for energy ergy legislation we have had in that fice, and ended up serving in the Sen- and basically increased utility prices, entire time. We have had a lot of peo- ate. in many cases by—I was going to say ple say we need a comprehensive bill, I might mention that one of the high- hundreds of millions of dollars. It but until now, that hasn’t happened. lights of my legislative career was might be hundreds of millions of dol- A couple of years ago, there was an when we repealed the windfall profits lars for one powerplant over the life of Energy bill on the Senate floor, but the tax in 1988. Frankly, I was embarrassed that powerplant or those contracts. I Energy Committee didn’t have a mark- it took so long to get it repealed. I in- compliment Senator LANDRIEU who up. Senator DOMENICI, as chairman, de- troduced legislation every year I was in worked with me on that. If there is cided that wasn’t the way to go. He the Senate to repeal the windfall prof- competition, we will repeal it. I appre- rightly felt the entire Energy Com- its tax. We didn’t get it repealed until ciate her work. mittee should be involved in marking after it robbed the taxpayers of $79 bil- We are also finally getting rid of up this bill. We marked it up over a pe- lion, but we got it repealed. PUHCA, the Public Utility Holding riod of months, and took several weeks We repealed several other pieces of Company Act. This passed in the 1930s. in committee to report it out. For this the mistaken energy policy of the Car- Maybe it made sense in the 1930s. It open and inclusive committee process I ter era. makes no sense, and, frankly, it hasn’t compliment Senator DOMENICI for his In a short sighted attempt to artifi- made sense for the last couple of dec- methodology in reporting out this leg- cially incentivise renewables while ig- ades. We are finally going to get rid of islation which helped insure a solid and noring market principals the fuel use it. By getting rid of that, we will open bipartisan product. I know he has been tax said you couldn’t burn natural gas up, frankly, investment for utilities criticized for the way the Conference in utilities and big powerplants. It and energy projects in the billions of process, but he did allow the com- passed in 1978. We repealed it in 1987. dollars. It received almost no attention mittee to work its will, and now we The Natural Gas Policy Act of 1978 and no debate. But anybody who has have brought back a very comprehen- had dozens of different class categories looked at it—it has been mentioned by, sive piece of legislation to the Senate for natural gas. I was pleased to be the I think, everybody from Alan Green- floor. principal cosponsor of the 1987 legisla- span to many of the regulators—said I tell my very good friend from New tion to basically deregulate natural get rid of PUHCA. We are finally going Mexico that I agree with a lot that is gas. That was a very significant piece to get rid of that regulatory maze that in the bill. But I disagree with some of of legislation that some people had is long overdue. the things in the bill. I am going to worked on for decades, and we were fi- It is also notable to see what we support the bill on the whole because I nally able to get it through. didn’t do in the bill that many of our think positive energy legislation is I might mention that at that time friends, primarily on the other side of very critical if we want to have a grow- Bennett Johnson was chairman of the the aisle, wanted to put in this bill. We ing economy. You cannot have a grow- committee. He and Wendell Ford don’t have renewable portfolio stand- ing economy if you do not have viable, worked in bipartisan ways to basically ards. If we did, the price of electricity sustainable and reasonably priced deregulate natural gas. would go up dramatically all across the sources of energy. It is very important I also might tell my colleagues that country. They tried to do it even in the that we pass a good bill. many people on this floor and many markup earlier this week. We were suc- I would like to share with my col- people who have not retired from this cessful in defeating that. That is a real leagues that I ran for the Senate back Senate said if we do deregulate natural win for consumers. They forgot to tell in 1980 because of misguided energy gas, terrible things will happen; nat- you that if you had the renewable port- policy that passed the Congress during ural gas prices will explode. They did folio standards of 10 percent, if you do the Carter administration which I just the opposite. Gas prices went not meet the standard, there is tax. It found personally infuriating. In the down. Oil prices went down after we de- says you have to pay a tax of 1.5 cents midst of an energy crisis, the Carter regulated oil. per kilowatt hour—about 50 percent of

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15230 CONGRESSIONAL RECORD — SENATE November 20, 2003 the wholesale price of electricity, if lot more money than we appropriate, On balance, we need an energy pack- you do not meet this standard. That and thank goodness for that. age. The administration should be com- means if you don’t make 10 percent, I’ll mention just a couple of other plimented for the fact that Vice Presi- you could have your electricity prices things. There is also direct spending in dent CHENEY led a task force and rec- go up by 5 or 10 percent. We defeated this bill. I tell my friend from New ommended many of these things. They that. Hampshire that this Senator, at least, are now in this bill. He has taken a lot We defeated a very onerous corporate questions the wisdom of doing it. By of heat for it but, frankly, this country average fuel economy standard that direct spending there are new entitle- for decades has needed a comprehen- people wanted to enact. It would have ments for two or three items that are sive energy package. Vice President mandated automobiles to average 40 created. Coastal impact has an esti- CHENEY and President Bush have led miles per gallon. That would have evis- mated cost of $1 billion. I predict it the effort to make that happen. Now cerated consumer choice and resulted will cost a lot more than $1 billion over we are within a day or so of actually in our citizens being forced to buy an the next 10 years. I am sympathetic passing a bill to do that. economy-sized automobile which could with those who live on the coast and While this bill is far from perfect, prove very unsafe. It would have been a they have drilling offshore and say while this bill actually does cost too very expensive provision as well in they do not get anything. That money much, while the tax provisions in this terms of consumer costs and lost jobs goes into general revenue. It should be bill are far too numerous, in this Sen- in our auto industry. We didn’t do that. subject to appropriation. The coastal ator’s opinion, with way too many tax We didn’t put in the global warming State should receive some consider- credits—I believe there are 19 new tax provision that would have greatly in- ation, maybe some compensation. But credits in the code, and I hate to see creased every person’s utility costs, to have it set up as an entitlement for the Tax Code cluttered and confused devastated our economy and would 10 years and then subject to appropria- and complicated, substituting the wis- have made us uncompetitive inter- tion is a very poor manner of doing it. dom of tax writers over the free mar- nationally. We didn’t do those things. I There is deepwater research, $150 mil- ket—I still think on balance the coun- am pleased about that. lion that is direct entitlement spending try needs a bill, needs an energy pack- We did do some positive electricity for the next 10 years. Again, I don’t age. I believe this is the best one that provisions that will encourage regional think that is the way this committee this Congress can write, at least at this transmission organizations, that will should operate. This is not an Appro- time. I encourage my colleagues to mandate reliability standards which priations Committee. The same thing support this bill. will help us avoid curtailment in the for Denali. They get about $500 million I yield the floor. future. It is not fail-safe, but it cer- over the 10 years. That is $3 billion of Mr. REID. Mr. President, it is my un- tainly is a positive step in the right di- direct or entitlement spending that, derstanding that it works better if peo- rection. frankly, should not be in this bill. ple know when they are supposed to Senator DOMENICI mentioned several Let me touch on a couple of other come. The order locked in now is Sen- other things in the nuclear field and things that are in the bill that are ator LEAHY will be recognized at 1:45; is other provisions in coal that should critically important, and at least in that right? help us broaden and diversify our en- my opinion, if you add this together, The PRESIDING OFFICER. Senator ergy sources. He mentioned the tax make the bill worthwhile. One is the BOXER has 15 to 20 minutes by unani- provisions. I voted against the tax por- Alaska natural gas pipeline. If you go mous consent. tion of this bill when it came out of the back historically and read the debates Mrs. BOXER. There is no particular Finance Committee. If we were voting that occurred in this Congress, this time set. on the tax portion of this bill standing Senate, for the Alaska oil pipeline, it The PRESIDING OFFICER. Senator alone, I would vote against it now. was one of the most contentious issues BOXER, Senator LEAHY, 1:45, and Sen- On the tax provisions, the adminis- this body had seen in a long time. This ator BUNNING, either before or after tration requested $8 billion. The Senate Alaska gas pipeline could have been as Senator LEAHY. Finance Committee reported out $15 contentious, but it is not. It is in this Mr. REID. That is now the order be- billion, and this bill is $23.5 billion. bill. It is a $20 billion project, maybe fore the Senate. Mr. GREGG. Mr. President, will the the largest project in the United States The PRESIDING OFFICER (Mr. BUN- Senator yield for a question on that in our history, certainly one of the NING). That is correct. point? largest projects ever. It is in this bill Mr. REID. The only other Senator I Mr. NICKLES. I would be glad to with expedited procedures which make know, either Democrat or Republican, yield. that pipeline viable, in my opinion. who wishes to speak is Senator DURBIN. Mr. GREGG. I was wondering if the We also have a provision that allows I ask that he follow Senator BUNNING. tax provisions as scored violate the the pipeline to be amortized over a The PRESIDING OFFICER. Without budget on that point. shorter period of time, 7 years. That objection, it is so ordered. Mr. NICKLES. To answer my col- will encourage the construction of the The Senator from California. league’s question, the budget points of pipeline. That is jobs. That is energy. Mrs. BOXER. Mr. President, there is order lie against the spending, and I ex- We have a very significant serious nat- so much to say about this Energy bill, pect the tax provisions as well. ural gas challenge or shortage or po- I hope I am able to be coherent on why Mr. GREGG. I thank the chairman of tential shortage and deliverability I think it ought to be defeated. the committee. shortage, getting the product to the It is a bill, first of all, that is a tax Mr. NICKLES. Mr. President, we consumers in the next several years. giveaway to the biggest corporations in scored in the budget, I believe, $18 bil- Getting this gas that basically is stuck this country. Actually, the multi- lion for this bill. This bill will score in the northern plains of Alaska to the national corporations—$30 billion is close to $30 billion, for the information lower 48 will help alleviate that short- the size of the giveaway; $30 billion of of the Senator. It scores that way for a age to the tune of trillions of cubic feet debt. When this administration came couple of reasons. of gas. It is absurd to leave that gas in into power, we had a surplus. Now we One, the tax provision. Also, there is Alaska, in northern Alaska, untapped, are reaching a $500 billion deficit. This a provision that says brownfield unutilized. This bill will authorize and is adding $30 billion to it. projects can be funded by bonds that expedite the construction of that pipe- The attitude around here is, just let cost about $2 billion, which I think is a line. our kids and grandkids pick up that terrible way to be financing projects. That, to me, is probably the best deficit. It is absolutely the wrong pol- This is not an appropriations bill. thing we have in this bill, the most icy for right now. Senator DOMENICI also mentioned a pro-energy item in the bill. We also This bill is an unfunded mandate be- lot of things are authorized. I hope and have some other things that make good cause it gives a free ride to the makers pray not everything will be spent that sense, that do encourage production. I of a poisonous chemical called MTBE is authorized. I will tell my colleagues compliment our colleagues for putting that never was mandated by any gov- that is always the case. We authorize a those in the bill. ernment and was the oxygenate of

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15231 choice of the oil companies. They knew it, and what is left out. I worked hard Policy Act of 2003.’’ Absolutely they it was poisonous and they kept on put- to examine this bill. But when all is are right. Count me in. I am going to ting it into the gasoline. It has con- said and done, it is an Energy bill that try to stall this bill. I am going to try taminated water systems all over this is a giveaway to the special interests of to kill this bill. I am going to try to country. By walking away from this this country. It is an Energy bill which stop this bill in every single way I can problem and giving a pass to the people turns its back on people on the west because it is bad for the people I rep- who polluted our areas, in my opin- coast who suffered from companies resent and it is not the kind of bill we ion—and this is just my own words—I that ripped us off and owe us $9 billion want for this country at this time. think it is immoral. That is why we just in California alone. It is an Energy Jackson Clarion-Ledger: ‘‘A ‘P’ Per- have the cities of this country against bill that really just gives a wink and a fect Bill: Pork, Politics, Pollution.’’ this bill, the counties of this country nod to some of the possible ways that That is a good one. Lakeland Ledger: against this bill, the water agencies of we can work ourselves out of depend- ‘‘Senate, derail the energy bill.’’ The this country against this bill. ence on foreign oil. Los Vegas Sun: ‘‘Mixed bag on national The more we let this bill hang out Now, again, the chairman of the com- energy plan.’’ The Lewiston Sun: ‘‘Pro- there, the more it smells. MTBE mittee is very ecstatic about this bill, posed law is lousy legislation.’’ Their smells. This bill has a similar smell, a and it is his right. Why wouldn’t he be? words. sour smell, a bad smell, a poison smell. He wrote it. He likes big oil. He is de- Memphis Commercial Appeal: ‘‘Pork The chairman of the committee fending the makers of MTBE. He loves barrel bill, not worth the energy.’’ Mis- wrote this bill with one other person in nuclear energy. The last I checked, we soula Missoulian: ‘‘Energy bill uses tax a locked room. It is extraordinary. I still do not have a safe way to dispose dollars for fuel. Legislation larded with thought when I went to school that I of the waste from nuclear powerplants. massive subsidies is a parity of effec- learned a bill becomes a law this way: The last time I checked, in some places tive energy legislation.’’ That is from They pass a bill in the House, they pass in Europe they are beginning to close the Deep South. a bill in the Senate. If they are dif- down nuclear powerplants. Oh, but we The Nashua Telegram: ‘‘Rushing en- ferent, there is a conference com- are going to build a new one—we, the ergy bill is a bad way to set policy.’’ mittee. The conference committee is taxpayers, $1 billion, as I understand New Jersey Star Ledger: ‘‘Defeat GOP made up of people from both sides of it—in Idaho. energy bill.’’ Orange County Register— the aisle, both bodies. They cannot add Now we have reports—we were going and this is in a part of my State that new and extraneous things into the bill to send all of our nuclear waste to is predominantly Republican—do you that were not at least in one of the Yucca Mountain—and now we hear, in know what they write? ‘‘Energy bill is bodies—the Senate or the House. Then Nevada, a new scientific report saying, a waste.’’ it goes back to each respective House watch out, that material can leak. Palm Beach Post: ‘‘A powerless pub- of Congress. If it is passed, it goes on to So this is not the time to be sub- lic.’’ The Phoenix Arizona Republic: the President’s desk. We have a bill, sidizing the building of nuclear power- ‘‘Energy overload. Overstuffed bill has therefore, that would be a compromise, plants. My God, you would think this is it all, except coherent national pol- that would be genuine, which would re- the 1940s after World War II, ‘‘Atoms icy.’’ flect the broad views of the conferees for Peace.’’ It does not work. I just have to say, the more this bill and, therefore, by extension, all sides By the way, I hope taxpayers under- is subjected to the light of day, out of of the debate reflected among the stand that what is also in this bill is a that closed-door conference committee, American people. 20-year extension of the Price-Ander- with two people from the same party, What did we have in this case? Two son Act. What is that, you ask? That from big oil States—the longer that people of the same party from big oil takes the nuclear companies off the bill sees the light of day, the more peo- States sitting in a room having a hook if there is a nuclear accident. ple will see it. party. And what we are going to have if They pay for some of the damage but Now, yes, there are a few good things this bill passes is one huge party, with the mammoth amount of damage, in this bill. I am going to tell you what the biggest corporations in this coun- which could go escalating to God they are. I am going to show you what try, the oil companies, nuclear—be- knows where, you taxpayers are pick- they are. Then I am going to show you lieve me, they will not be drinking ing up the tab. So first you are build- what was left out of it. And then I am water tainted with MTBE. They will be ing them the nuclear powerplant. going to talk about the bad things in drinking the bubbly stuff, and it might Then, if there is an accident, you have the bill. even be imported. But it will be expen- to pick up the tab. A good thing: Drilling in the Arctic sive. This bill is expensive. Thirty bil- This is some Energy bill. This is the Refuge in Alaska is not in this bill. As lion dollars is added on to our debt worst bill. I cannot think of the the person who wrote the amendment from the very people who say we have names—let’s hear what some of the edi- that stopped it before, I say thank you to be fiscally responsible. torials are saying from around the to all my colleagues on both sides of Then the chairman of the committee country for this great Energy bill. the aisle who stood tall and said: We says, in a most angry fashion, and it is USA Today: ‘‘Congress forgets prom- will never allow this to be put in an his right—I am angry, a little bit dif- ises made in blackout’s wake.’’ The Energy bill. Thank you. That is a good ferent type of anger—says in his angry Brattleboro Reformer: ‘‘It’s time to thing. way: If you do not take this, you will shift gears.’’ The Billings Gazette: ‘‘En- No offshore inventory of oil—I thank never have another Energy bill because ergy bill lacks critical balance.’’ The the House on that one. My friend LOIS I am not going to do it. Boston Globe: ‘‘A polluted energy bill.’’ CAPPS over there was fighting hard. This is a government of laws, not The Brunswick Times Record: ‘‘This You cannot go into a pristine coastline men. We can have a good Energy bill if energy bill is appalling.’’ That was that is supposed to have a moratorium we defeat this bill. We can have one their word. on it and then drill to see how much oil that looks toward the future. We can The Buffalo News: ‘‘Oil and grease. there is in it. Either it is pristine and have an Energy bill that is a 21st cen- Energy bill fails country as it dispenses it is left alone, and there is a morato- tury Energy bill, not an Energy bill favors to the industry.’’ The Cape Cod rium to keep it left alone, or you might that is a 20th century Energy bill. Times: ‘‘Misused energy.’’ Des Moines as well just go in and destroy it. The So the sky will not fall for my Register—now imagine, this is in a conferees said no to that because that friends who want ethanol. And I under- place where they love the ethanol would have been a poison pill, too. So stand they want that. By the way, issue, and even with that, this is what thank you. It is not in there. there are some good provisions in there they say: ‘‘The MTBE outrage.’’ And I Something that is in there that I for my State regarding making ethanol will go into how the MTBE outrage im- wrote has to do with incentives for out of rice straw. I worked for those pacts my State. making ethanol from agricultural provisions. The Fort Worth Star Telegram: waste. Now, this is something that is I am going to go through this bill: ‘‘Coming up short.’’ The Great Falls forward looking because we have rice What is good in the bill, what is bad in Tribune: ‘‘Senate should stall Energy straw and biowaste and sugar waste

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15232 CONGRESSIONAL RECORD — SENATE November 20, 2003 from beets and we know we can use that has a bad environmental record— are going to have to breathe the dirty that waste to compete with corn eth- I went there; they are building dams air. It is your kids and your cities that anol. We think it is exciting. If we can that are destroying mountains and are going to have to pick up the tab to develop those industries in our State, homes and valleys, clean up MTBE. So listen. then we do not have to ship that corn I just got sick to see it—has set The bill would also reimburse energy ethanol all the way across from the CAFE standards because they know companies for their costs to reclaim Midwest. That kind of shipping is going pollution is bad for their people. abandoned wells on Federal lands to add to the price of gasoline for my When cars pollute, kids get asthma, under a new program forcing taxpayers people who need to have their cars to workers get sick. And if you can’t to pay these costs rather than indus- go to work. work, that hurts productivity. It is just try. It would provide a broad liability Energy efficiency by the Federal common sense. Forget the fact that it waiver to oil and gas operators re- Government—I am very pleased we is the right thing to do to have CAFE claiming sites on Federal lands. So have that in this bill. That is an impor- standards and spare the air. No, they they go on the Federal lands. They tant thing to undertake. couldn’t do this. mess them up. They pollute them. Hybrid car tax credit—ditto. It is There is a huge SUV loophole. It was They walk away. good. about $25,000, and in the last tax bill it These are our lands. The bill will Increased funding for energy assist- went up to $100,000. The Senate tried to take $150 million from royalties and ance in LIHEAP—for the poorest of the bring it back to $25,000 but the House fund research on ultradeep wells, un- poor. That is good. rejected that effort. conventional natural gas petroleum, I understand there are some solar tax No increased use of renewable and the Federal Government may well credits in there, which I think are very sources for electricity: They walked give $50 million extra to this fund. This important, to put solar energy on some away from the formula that Senator research would be done to benefit the kind of equilibrium. These provisions BINGAMAN had gotten into the Senate industry. are very small. bill. You know what, let them pay for Now, this is what is missing from By the way, any resemblance be- this bill which would have made it at their own R&D. They get a great tax tween this Energy bill that is before us least relevant to what has happened in break. I am all for it. I give big tax and the Energy bill the Senate wrote is our country. breaks for R&D. We don’t have to give There are no refunds for the people of purely coincidental. This is a com- them cash on the barrel. my State. We have been told by the pletely different bill, written by two Giveaways to the nuclear industry: I Federal Energy Regulatory Commis- people from big oil States, who love nu- mentioned before the Price Anderson sion that we have been ripped off, clear energy and have walked away Act. If there is a nuclear catastrophe, robbed. They have stolen our money from fighting for the consumer. It is a don’t worry about it, we will pick up with phony schemes to create artificial sad thing. This is what is missing from the tab. Your children will pick up the shortages. You all remember some of the bill. tab, my children, my grandchildren. those schemes. The fact is, FERC, Now let me tell you what is bad Not the nuclear industry, a 20-year ex- which can order these refunds, has re- about the bill. Unfortunately, it is a tension. fused to do so. This administration re- long list. We talked about giveaways to If it is so safe, why can’t they get in- fuses to order FERC to get those re- the oil industry. I want to give you a surance in the private sector for the funds back to our people. Our new Gov- few examples of that: $10.5 billion in possible damage it would do? I believe ernor has his hands full with tremen- tax breaks would be provided to the oil in checks and balances. The insurance dous deficits. That is our money, and and gas industries. The bill provides companies are checks and balances. If we want it back. No, they would not go millions of dollars’ worth of subsidies a nuclear person comes in to an insur- there. to the oil industry by reducing the ance company and sits down and says: No. 2, there are no long-term con- amount of royalties—that is kind of Well, I might have an accident. tract renegotiations for my State or like rent—that they have to pay to What would it cost? other States on the west coast. What drill off our coasts and on our Federal Oh, $100 billion. does that mean? These thieving compa- lands. So they use our Federal land Well, I won’t cover you for more than nies, as they were robbing us blind, and that all the American people own. $10 billion. It would just break our had us over a barrel, negotiated long- They are supposed to pay royalties back. term contracts for the future. They when they find oil there. Oh, OK. said: Oh, we are giving you a good deal. This bill provides royalty relief for Maybe that is a signal, Uncle Sam, We are going to charge you a lot less marginal oil and gas wells or wells that that this isn’t safe yet. No, we are than the spot price. Well, we were ne- are relatively less productive. They going to back up the nuclear industry gotiating with them under duress. It give this royalty relief to oil and gas for another 20 years. It raises the cap, was a phony price. A phony price was development off the coast of Alaska as which is a good thing, but it is still a out there, and our Governor was trying well as deep wells and deep water oper- cap nonetheless. They don’t have to to get the best deal. ations in the Gulf of Mexico. pay full insurance premiums. Why Yes, he got a lot lower than the cur- Wake up, America. If you want to should they? This bill is for them. It is rent price, but it was way over what count, listen to these things. One of not for us. the market is today. So we are asking the things that I find happens, I went If there were an accident, nuclear for new long-term contracts. We want on TV and I did an interview on one of companies don’t have to pay the costs to do away with those. No, they didn’t the issues we are going to be talking of the damages because the taxpayers do that. about, MTBE. The person interviewing are on the hook. That is a great idea. No end to electricity market manipu- me said: I know this is very complex A $6 billion production tax break is lation schemes: Ron Wyden was very but let’s discuss it. in here for utility companies that oper- good on that point. We had schemes It isn’t complex. It is pretty simple. ate new nuclear reactors. So while they that had every name in the book. They This bill is a giveaway to the biggest are closing down nuclear reactors in made up names that you can’t even be- companies. It walks away from the Europe and while we are reading re- lieve. The one I hated the most was Get consumers. It lets the polluters go free. ports that Yucca Mountain is not safe, Shorty. Because I am a little person, I It is a 20th century Energy bill. we are going to give tax incentives for hated the name. But they were short- People say it is confusing; it is com- new nuclear reactors. ing us of electricity. They were doing plicated. It is not so complicated. That It goes on on the nuclear side, but I all these things, and they were giving is the way to say to people: You better will move on to one more point here: them all these names. By the way, why tune out the argument; it is too com- public health and the environment. isn’t someone in jail on all of that plicated. The placing of these nuclear plants is Enron stuff? No, we didn’t go there. America, tune in. It is your future. It just not going to live up to the highest No CAFE standards: Unbelievable. It is your kids who are going to have to level of protection. There is concern to has been pointed out that even China, pay this $30 billion. It is your kids who me in terms of dumping the waste and

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These people want to utility corridors. we will never see the light of day on give tax breaks for dirty industry—$29 The bill would require the Depart- any Energy bill if we don’t pass their billion in tax incentives for the energy ment of the Interior to process applica- ‘‘masterpiece.’’ The last I heard, every industry, and more than 70 percent of tions for permits to drill for oil and gas Senator is equal to every other Sen- the tax breaks go to polluting and ma- on Federal lands within 30 days, even ator. ture industries, including coal, oil, gas, though people said we need more time There is a provision tucked into this and nuclear. to look at the facts. conference report designed to delay Yes, we gave some tax benefits to So the USGS would be required to cleaning ozone pollution in some of the some of the new and clean energy but identify restrictions and impediments most polluted areas of our country. very small in comparison. It is $1.8 bil- to oil and gas development. They are Under the Clean Air Act, the schedule lion for the clean technologies versus allowed to look at fish and wildlife, is established for areas to clean up $28 billion; it is about 28 to 1. That is a cultural and historic values, and other their air. How much they have to do, 20th century Energy bill. Now, we re- public resources. In other words, they and in what timeframe, depends on how pealed consumer protections in the can call these things ‘‘restrictions’’ dirty or clean their air is. If these electricity market. That is another and ‘‘impediments’’ when, in fact, the deadlines are missed, an area is thing that is bad. The most eloquent law has always said they should be re- bumped up into the worst air quality Senator I have heard on this of all time spected. Now they are impediments. category. When this happens, a greater is Senator MARIA CANTWELL. I am sure Diminished protection for our coasts: amount of air pollution must be re- if she hasn’t spoken already, she will The first provision would grant the duced and additional requirements are explain to you what this means. I have Secretary of the Interior broad new au- imposed, but on a longer timeframe. to say that the Senator from New Mex- thority to permit energy development This provision will allow areas to ico, who wrote this bill, with the Con- and support facilities anywhere on the avoid the additional requirement if gressman from Louisiana, a big oil, big Outer Continental Shelf. Authorized fa- some of the air pollution comes from nuclear power State—he said: This is cilities would include those that sup- upwind areas. Why this provision and your last chance. You will never get to port exploration, development, produc- why now? Because the Republicans are repeal the Public Utility Holding Com- tion, transportation, or storage of oil trying to overturn several court deci- pany Act if you don’t do it today. and gas. There are no standards for sions holding that this type of an ex- I have one word for that: Wrong. We issuing or revoking easements, and the tension is illegal under the Clean Air are going to be here every day. If he provision does not require consultation Act. Their argument says it is unfair doesn’t like PUHCA, you can try to do with the Secretary of Commerce. for a community to be forced to clean it another day, just like he can try to There is no requirement that the up air pollution coming from some- get his nuclear money another day, Secretary of the Interior even consult where else. just like he can do tax giveaways an- with the States before making this de- Unfortunately, it appears that every community with poor air quality can other day, just like he can give a liabil- cision on the Outer Continental Shelf. meet this test because ozone pollution ity waiver to his big oil friends another I will explain the Outer Continental travels in the air. Somebody is going to day. You don’t have to pass this bill Shelf. The first 3 miles off of the coast be able to say we don’t have to clean today. That is the biggest bunch of ba- are State waters. Where does the Outer up our air because it is coming from loney I have ever heard. We are sup- Continental Shelf start? It starts after somewhere else. Who gets hurt? The posed to be working here all year. We that. So you can, as a State, put all the people who breathe the air. don’t have to pass this today or tomor- restrictions on damaging projects that Why would we delay cleaning up the row or the next day. I hope we will not would occur because you believe your air as it gets worse and worse? Do you because this Public Utility Holding coastline is God-given. You believe think a child who is in a hospital be- Company Act is the main law to pro- your coastline is also an economic re- cause of asthma—do you think the tect consumers from market manipula- source. You believe that your coastline mom will say: Why does my kid have tion and fraud and abuse in the elec- and your ocean is important to protect asthma? tricity sector. the fish because, in fact, it is a big in- And the doctor will say: Because the It is unbelievable that we have un- dustry in my State. You do all these air is filthy dirty. covered evidence about what Enron protective things. And she will say: Oh, my God. That is did, and we are repealing the one law Now they are going to say it is 4 awful. I am going to write my Senator. that could help us in the future. It is, miles out, or 3 miles plus an inch, and Then the Senator writes and says: to me, outrageous. Again, I will leave they are going to start looking on that Your kid has asthma from dirty air, that for Senator MARIA CANTWELL to Outer Continental Shelf and destroying but it wasn’t coming from your com- talk about. it. This is what is in there. munity. It came from another commu- We see drilling and development of They weaken the coastal zone, which nity, so please forgive us. our public lands. In my State, I have to is important to weigh in on what Wrong. This is what is done in this tell you that this bill has a special in- should be done. bill. Remember, this was written by terest provision to site a high voltage Section 325 of the Energy bill erodes two people of the same party from big electricity transmission line through States’ rights to review and respond to oil States. the Cleveland National Forest. The Federal decisions affecting coastal (Mr. SUNUNU assumed the Chair.) State of California, through the PUC, waters. Section 330 would also reduce Mrs. BOXER. Mr. President, the net said, no, it is not needed and not want- States’ rights to review and comment result of this could be that no one will ed. I wonder why, in the midst of the on pipelines and other energy-related ever have to clean up the air until terrible fire that we just had, we are projects off their coast by limiting ap- someone else cleans it up. It is unac- now going to put a high voltage line peals. ceptable. Ozone pollution must be through a national forest. Can someone It is taking me a long time to tell cleaned up. There are 130 million Amer- tell me why? Can someone tell me why you what is bad in this bill. There are icans living in communities that vio- we would permit the siting of a high more things, but I want to give you a late ozone smog clean air safeguards. voltage electricity transmission line sense of some of them. Inhalation of smog is linked to res- through a national forest? Clean air rollbacks: Actually, they piratory illness, such as asthma, espe- I will tell you why. It is a special in- have amended the Clean Air Act. They cially for children. terest provision, and the State didn’t have amended the Clean Air Act in this There you have that mother, as a want it and the local people didn’t Energy bill. ‘‘Great news’’ for the matter of fact, in the hospital with her want it. The State said no, but some- American people. I am sure they are child because hospital admissions for body put that into the bill. The more dancing in the streets that the Clean children due to asthma alone increased you read the bill, the more you learn. Air Act has been rolled back in this bill 30 percent between 1980 and 1999. Over- The bill would also put the Department that was written by two people of the all admissions for respiratory problems

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15234 CONGRESSIONAL RECORD — SENATE November 20, 2003 increased 20 percent in the same time tion. The ones with the little orange this bill that was written by two people period. We had a 30-percent increase in stickers have drinking water contami- of the same party behind closed doors asthma admissions in hospitals, but nation. from big oil States: You are off the only a 20-percent increase for other Sad to say, my State has an orange hook. things. sticker. When this came to me, I was I also want to tell you that the cost Let me say to all my colleagues who stunned to hear that my town of Santa of MTBE contamination—this is a 2- might be listening, and even to those Monica in southern California had lost year old estimate—is $29 billion. That who might read my remarks, go to any one-half of its drinking water. When is what this cost 2 years ago. We are school in your State—it could be a pub- the town tried to figure out what to do looking at probably 50, 75, to 100 be- lic school, it could be a private school, about it, they found out it would cost cause all those States I showed you be- it matters not—ask the children to millions of dollars—$200 million to $400 fore are just now beginning to under- raise their hands if they have asthma. million to clean up. This is a small stand how dangerous this contamina- Ask them to keep their hands up or city, relatively speaking in terms of tion is. new hands for someone who knows California. We are a big State, but it is This bill is an unfunded mandate on someone who has asthma or someone a relatively small city—$200 million. New Hampshire. This bill is an un- in their family, and you will see almost They said: Oh, my God, what are we funded mandate on California. This bill 40 percent of the children in that class- going to do? They did what every other is an unfunded mandate on 43 out of room respond. city, every other county, every other our 50 States that have MTBE con- In California alone, there will be water agency is going to have to do, be tamination. 42,000 additional asthma attacks, 499 they in New Hampshire, be they in Now, you can dress it up, you can additional hospital admissions, and Minnesota, be they in Iowa, be they in make it look pretty, you can put lip- 68,000 lost schools days. What are we Nebraska, be they in Nevada. They stick on it and rouge, but the bottom doing in an Energy bill to help those went to court. They filed a lawsuit, and line is, it is ugly. It is an ugly thing to children? Are we going to clean en- they made a claim and said: Please, to do to the people. ergy? Of course not. Are we even mov- the people who put this in our gasoline I will show my colleagues our little ing to increase the fuel economy of our and it got into our water, please, help ‘‘get out of jail free card.’’ Here it is: cars by 2 miles per gallon or 3 or 4 or us clean it up. That is Santa Monica. MTBE producers not responsible for 5? Are we? No, of course not. This is a Many of you know of Lake Tahoe. It pollution, get out of jail free. bill for big oil. We do a little bit for hy- is a magnificent lake and a beautiful Is this why I came to the Senate? No. brid vehicles. I am glad. We do a little lake. It was getting polluted with It certainly is not why the Senator bit for solar. But $28 billion to $1 bil- MTBE. MTBE was leaking from the from New Hampshire came, and it lion in favor of big oil, big nuclear— boats that were on the water into the should not be why any of us came—to big, big, big, big, dirty. lake. They went to court. They tried to give a ‘‘get out of jail free card’’ to the Clean water rollbacks: This might sue under three grounds—nuisance, very polluters who have harmed our surprise you. This is an Energy bill. We negligence, defective product liability. people. have clean water rollbacks in this bill. The judge in that case said on the nui- Senator DOMENICI talks about how The oil and gas industry is exempted sance claim: You haven’t proved nui- many people are for this bill. I under- from storm water runoff cleanup. This sance because you have to prove who stand that. But the fact is that the conference report contains language did what to whom, when, and what day. League of Cities are against this bill, exempting oil and gas construction ac- Negligence, same thing. You have to the National Association of Counties tivities, including roads, drill pads, find the people, you have to track the are against this bill, the Water Agency pipelines, and refineries from obtaining people. But defective product liability, is against this bill, the Association of a permit and controlling their pollu- that makes sense because in discovery Metropolitan Water Districts, the U.S. tion runoff as required under the Clean they learned—that is a legal term when Conference of Mayors, and the list goes Water Act. they are getting ready for the court on. Explain to me why this is necessary. case—they learned that the makers of This bill should not be passed. This Are these some poor startup companies MTBE knew this product was bad. As a bill should never be passed. This bill is that need our help and, oh, for a while matter of fact, they joked about it. I a giveaway to the biggest multi- we will let them be free of these re- forget what exactly they said. One of national corporations, to encourage quirements? No, these are multi- them said: Major threat to better earn- them to do things they should not be national big companies that have ings, MTBE, because they knew some doing. This bill rolls back environ- fought so hard that we no longer have day the truth would come out. They mental laws. a real, important Superfund Program joked about it. We found that out. In summation, there were jokes on anymore because they don’t even want Here is the jury verdict on the Lake the floor about those of us who want to to be taxed a tiny bit to clean up the Tahoe case. They found the makers of stop this bill because of MTBE, that we mess they made. This bill gives them MTBE knew beforehand that this was are taking some small step here, that more rollbacks. They don’t have to bad. This is the verdict: MTBE was de- this is not important. Well, this is im- worry about clean air and clean water. fective in design because they failed to portant. When people cannot drink the What is going on here? Then the warn of its environmental risks. Gaso- water coming out of their tap and they chairman of the committee says: Oh, line containing MTBE refined by the have to go buy bottled water, this is there will never be another bill; kill other defendants at trial was defective important. This is important when peo- this bill and you will never see another in design because the environmental ple are fearful that their kids are going Energy bill. Forget about ethanol. For- risks from MTBE outweighed the bene- to get cancer from MTBE. get about tax breaks for the things you fits and refiners failed to warn of its Remember, no matter what they say, believe in that might work because you known risks. The refiners failed to the Government never mandated will never get them. You are going to warn, failure to warn. There is clear MTBE. The Government mandated an have to swallow all this bad stuff to get and convincing evidence that the com- oxygenate. The oil companies picked a bill. panies acted with malice—acted with MTBE and they kept using it after I want to talk about some more of malice—as they developed, promoted, they knew it was dangerous. By the the bad items, and I will close on the and distributed their defective MTBE way, they even used it before an oxy- MTBE issue. product. genate was mandated. Here is a picture of our country. All I say in the strongest of terms, when If we can just put up that map one the States in black—and, Mr. Presi- you are told and I am told that these more time, I would like the Senator dent, I know this is an issue that is companies acted with malice, why on from Vermont to see this because he near and dear to you—all the States in God’s green Earth would we give them has not seen it as clearly as this. His black are the States that have either a get-out-of-jail-free card in this bill? State of Vermont has MTBE, as he ground water contamination from They acted with malice. They knew it knows, in the ground water; luckily, MTBE or drinking water contamina- was poison, and now this bill is saying, we do not think in the drinking water

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15235 yet, but who knows. The orange shows We could have used it to build upon ply mean that more toxic pollutants the States where it is actually in the what is right. Incredibly, the bill does like mercury will get dumped on drinking water. My friend from the opposite. Vermont’s forests and our lakes and Vermont, who stands every day for jus- New England, where we rely on en- our rivers. tice, for the people of this country, un- ergy—as all parts of the country do—is Shortly after the administration en- derstands why we have to stop this bill. also a part of the country where we can tered the White House, it closed the I thank the Chair for his hard work get 10, 20, 30 below zero sometimes. We doors to the public and they started to in representing his State so well on have already created a regional organi- put together the energy industry’s wish this really tough issue, and I hope we zation to increase reliability of our list of subsidies—environmental and have a chance to stop this bill in its transmission lines. In fact, that was consumer protection rollbacks. If we tracks, send it back and have it come able to stop the blackout from cas- pass this bill, we are going to say back without some of these provisions cading further into Vermont and other Christmas came before Thanksgiving that are so harmful to the very people States. Instead of using an organiza- for these special interests. we are supposed to help, the people of tion that we know works as a model, I don’t see how, at a time when we the United States of America. this bill actually discourages utilities are justifying drastic cuts to vital so- I yield the floor. in other regions of the country from cial programs, we can push through a The PRESIDING OFFICER. Under joining regional organizations. It $100 billion counterproductive budget the previous order, the hour of 1:45 hav- would also discourage badly needed buster for the energy industry. ing arrived, the Senator from Vermont new investment in the transmission As I said, many a bad book has a is recognized. grid. ghostwriter, and so do many bad bills. Mr. LEAHY. I thank the Chair, my Apparently, we can only invest in When you read through this 1,100-page neighbor across the Connecticut River transmission grids if they are in Iraq. energy bill, it is clear who the ghost- in the great State of New Hampshire. We cannot invest in them when they writer were: the oil, gas, coal and eth- Those of us who have wiled away the are in our own country. anol industries that—surprise, sur- time sometimes on long airplane trips There is also no prohibition on the prise—would reap almost $20 billion tax reading a bad book, we know a lot of price gouging schemes employed by subsidies from this bill. The voices of bad books have ghostwriters. Well, a companies such as Enron, even though these ghostwriters echo throughout lot of bad bills that come before the the Senate, on a wide margin, voted for this bill. But the cost to taxpayers does not Congress also have ghost writers. that. If one reads through this 1,100-page The bill repeals a 70-year-old law to stop there. If taxpayers feel their wal- Energy bill, they can tell actually who restrict mergers of utility companies lets getting lighter this week it’s be- the ghostwriters were: The oil, the gas, with other companies where they have cause this bill will cost them another seventy-plus billion dollars in other the coal, and the ethanol industries no expertise. In the past, that has subsidies over the next 10-years. that—surprise, surprise—are going to caused financial troubles for utilities Unfortunately, the 1,100 pages are get almost $200 billion in tax subsidies and consequently the ratepayers. full of special interest giveaways but from this bill. The voices of those One might have hoped the bill could empty of innovative and sustainable ghostwriters echo throughout the bill. have done more to emphasize techno- energy policy that will ensure Ameri- The cost to the taxpayers does not logical innovation, promote clean and cans clean, reliable and affordable stop there. If taxpayers feel their wal- sustainable energy, but it does not. In- power in the future. lets are getting lighter this week, it is stead of working to advance tech- Some of our Republican colleagues because this bill will cost them another nologies to create jobs and reduce pol- are trying to sell this bill to the Amer- $70-plus billion in other subsidies over lution, we have a bill that gives oil, ican public as a balanced energy plan the next 10 years. Unfortunately, the gas, ethanol, and nuclear companies to give our Nation energy security over 1,100 pages of this bill are full of special enormous subsidies. the decades to come. It is not. interest giveaways, but they are empty One of the things it does, in my own It will only increase our reliance on of innovative and sustainable energy State of Vermont, is it hands Vermont unsustainable, petroleum-based energy policy, a policy that would ensure drivers a double whammy by man- sources. It undercuts recent progress in Americans a clean, reliable, and afford- dating the use of 5 billion gallons of developing renewable energy sources able policy in the future. ethanol by 2012 while threatening deep and technologies that reduce pollution. Some of our colleagues are trying to revenue losses in the highway trust It undermines the reliability of our sell this bill to the American public as fund. Under this bill, Vermonters and electricity markets by opening the a balanced energy plan, something that drivers in other States can expect high- door to more manipulation and merg- would give our Nation energy security er prices at the pump due to this man- ers and stalling regional efforts to im- over the decades to come. It is not date and more potholes in the road due prove the transmission grid. that. It only increases our reliance on to the trust fund cuts. The Senate sent a decent energy bill unsustainable petroleum-based energy We have heard talk about MTBE pro- to conference, and we got back a frog. sources. It undercuts recent progress in ducers. We know this protects pro- The roster of squandered taxpayers’ developing renewable energy sources ducers of the gasoline additive MTBE dollars and squandered opportunities in and technologies that reduce pollution. from liability, but in Vermont and this bill is breathtaking to behold. It undermines the reliability of our around the country States and commu- The American people could have ex- electricity markets by opening the nities face multimillion-dollar bills for pected that we could have learned from door to more manipulation and merg- cleaning up the MTBE that is already this summer’s blackout—still fresh in ers in stalling regional efforts to im- in the ground water. And, to stop the our experience and on our minds—and prove the transmission grid. cases filed, the Energy bill makes the used this bill to address what went The Senate sent a decent Energy bill provision retroactive. It wipes out wrong and build upon what went right. to conference. What did we get back? cases filed in September by several Incredibly, this bill does the oppo- We got a frog. We went from the prince New York communities, cases filed by site. In New England, we have already to the frog, not the other way around. the State of the distinguished Pre- created a regional organization to in- The roster of squandered taxpayers’ siding Officer, New Hampshire. The list crease reliability of our transmission dollars and squandered opportunities in goes on and on but so do the echoes of liens. It was able to stop the blackout this bill is breathtaking to behold. the ghostwriter’s voice in this bill. from cascading farther into Vermont Now the American people might have This turkey would waive environ- and other States. Instead of using this expected us to learn from this sum- mental analyses for energy projects on organization as a model, this bill actu- mer’s blackout. After all, it should be public lands, exempt them from the ally discourages utilities in other re- fresh in our experiences and our minds. Clean Water Act, Safe Drinking Water gions of the country from joining re- It cost governments and businesses bil- Act, open coastal areas to oil and gas gional organizations. It could also dis- lions of dollars. We could have used development, reduce support for clean courage badly needed new investment this bill to address what went wrong. coal technology, and this bill will sim- in the transmission grid.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15236 CONGRESSIONAL RECORD — SENATE November 20, 2003 The bill also does not do enough to MTBE that already has leached into bassy is now. I was going to George- protect consumers and ratepayers from the groundwater. town Law School downtown here in manipulation of energy markets. There At least one court has already found Washington. is no prohibition on the price-gouging MTBE producers liable for these clean- They say that anybody who was old schemes employed by companies like up costs because of product defects, enough to remember on that November Enron, even through the Senate sup- and several other cases are pending. To 22 remembers exactly where they were ported such protections by a wide mar- make sure these cases are stopped, the when they heard the news about Presi- gin. energy bill makes the provision retro- dent Kennedy’s assassination. That is The bill repeals a 70-year-old law to active, wiping out cases filed in Sep- true of anybody I have ever spoken restrict mergers of utility companies tember by several New York commu- with. with other companies where they have nities and New Hampshire. I was in the law school library and no expertise. In the past, this practice The list goes on and on, and so do the one of my classmates, who was not a has caused financial troubles for utili- echoes of the ghostwriters’ voice in supporter of President Kennedy, came ties and consequently, the ratepayers. this bill. This turkey would waive envi- in and told me the President had been The American people could have ronmental analysis for energy projects shot. I told him this was really not hoped that this bill would do more to on public lands. It would exempt oil funny, and then I realized he was cry- emphasize technological innovation and gas drilling from requirements of ing. He was a person who had never that would promote clean and sustain- the Clean Water Act and Safe Drinking voted for President Kennedy but real- able energy. Instead, it barely holds on Water Act. It would open coastal areas ized the enormity of what had hap- to the status quo in incentives for re- to oil and gas development. It also pened. When I saw his tears, I knew it newable and energy efficiency. If we would reduce support for clean-coal had to be true. are going to avoid future blackouts, we technology in favor of the conventional My wife and I did not own a car at have to decrease demand on the elec- dirty power plants. the time. I went outside and hailed a tricity grid as well as make improve- This will simply mean that more cab to head back to our apartment. My ments to it. toxic pollutants like mercury will get wife had worked the whole night be- But instead of working to advance dumped on Vermont’s forests, lakes fore, and she was home asleep. I did not technologies to create jobs and reduce and rivers. want to call her. I wanted to tell her in pollution, we have a bill that gives oil, Days after this administration en- person what had happened. gas, ethanol and nuclear companies tered the White House, they closed the I think I probably got in the only cab enormous subsidies. doors to the public and started to put in all of Washington that did not have At the same time, this bill fails to together the energy industry’s wish a radio. You can imagine my frustra- address one of the biggest energy and list of subsidies and environmental and tion as we started through the Wash- environmental issues facing our coun- consumer protection rollbacks. Well, ington traffic. As we drove down K try: how to improve fuel efficiency Christmas came early this year for the Street, where many stockbrokers have standards for cars and trucks. In fact, special interests. their offices, we could see the screen the bill actually would enlarge a loop- The energy bill now before Congress that normally displayed stock prices hole for huge SUVs that will actually is stuffed with everything on that wish was blank. That was an obvious signal encourage more people to buy these gas list, plus just about everything else that they had closed the markets in guzzlers. We all have heard of the SUV that these special interests could New York. dealerships that actually use the exist- dream up when they were given the I saw Mrs. Kennedy’s brother-in-law. ing tax loophole in their TV ads. chance. As he would be chauffeured in a Rolls- The bill also hands Vermont drivers a The bill before us now costs three Royce to his brokerage house each double whammy by mandating the use times more than the proposal that the morning, I would watch with envy from of 5 billion gallons of ethanol by 2012, administration first put on the table 2 the bus as I went to work. I saw him while threatening deep revenue losses years ago. running into the street, frantic, trying to the Highway Trust Fund. Under this When you look at the list of special- to hail a cab. I saw a police officer di- bill, Vermonters and drivers in other interest giveaways, it is no wonder the recting traffic with tears coming down States could expect higher prices at bill was written behind closed doors. his face. the pump due to this mandate, and The President and the Congress had a When I got to our apartment, I more potholes in their roads due to the real opportunity to produce a bill that banged on the door and woke up my Trust Fund cuts. would lead the Nation toward balanced, wife. We turned on the television to see While the bill fails to take any steps sustainable, clean energy production. the now famous announcement by Wal- forward on energy policy, it takes a This bill fails on all counts. ter Cronkite—taking off his horn- giant step backward on environmental Instead, we have 1,100 pages worth of rimmed glasses, announcing the Presi- protections. When the Clinton adminis- policies that will increase our depend- dent was dead. tration strengthened the requirements ence on fossil fuels, prop up wealthy Just a short time before, President for reducing smog around cities, it was energy corporations, repeal consumer Kennedy had given a speech at Amer- hailed as a major step toward reducing protections and threaten environ- ican University, a speech that I asthma and other chronic illnesses. mental and public health. I do not see thought laid out his focus for that Well, by postponing these ozone attain- how my Republican colleagues can any term and what most people believed ment targets, no one will be breathing longer justify their drastic cuts to would be a second term. That was the easier after this bill except the special vital social programs while pushing speech in which he said, ‘‘We must interests. through this $100 billion, counter- make the world safe for diversity.’’ I Although you won’t be able to see productive budget-buster for the en- would like to include a copy of this much through the smog when you’re ergy industry. speech with my statement. looking up, you might see more when TRIBUTE TO JOHN FITZGERALD KENNEDY We should think about this quote you’re looking down, and what you see I would like to talk for a moment these days. President Kennedy said, will be unwelcome. about a more personal matter. Here we ‘‘make the world safe for diversity.’’ He This bill includes several new provi- are today, November 20, 2003, just two did not say we should make the world sions that let polluters off the hook days away from November 22. I think an exact copy of the United States. If when it comes to reducing contami- back to 40 years ago on November 22, everybody knew they could follow their nates in groundwater and drinking 1963. I was living in Washington, D.C., beliefs and they could follow their sys- water. It protects producers of the gas- at that time, as a young law student. tem of government, it would be a safer oline additive MTBE from liability if My wife, Marcelle, and I were living in world. But that was not to be. their product is found to be defective. a small basement apartment. She was I remember the next day when my In Vermont and around the country, working as a nurse at the VA hospital, wife and I stood on Pennsylvania Ave- States and communities face multi- then called Mount Alto, up on Wis- nue with a half a million people watch- million dollar bills for cleaning up the consin Avenue, where the Russian Em- ing as the cortege went from the White

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15237 House up to the Capitol. It was silent. security considerations. Instead, he sponsored by the Methodist Church, founded It was so silent that as we stood there, personally went to the American Em- by Bishop John Fletcher Hurst, and first we could hear the traffic lights. Even bassy to sign the book of condolences. opened by President Woodrow Wilson in 1914. This was the kind of unity that was This is a young and growing university, but though the street was blocked off, the it has already fulfilled Bishop Hurst’s en- traffic lights were still operating, and felt around the world. lightened hope for the study of history and from eight lanes away, you could hear Actually, I cannot think of any time public affairs in a city devoted to the mak- the click of the lights as they changed. when we felt that kind of unity and ing of history and to the conduct of the This is with half a million or more peo- support for the United States, until the public’s business. By sponsoring this institu- ple on that street. tragedy, 38 years later, of September tion of higher learning for all who wish to Where we were standing, near the Na- 11. learn whatever their color or their creed, the tional Art Gallery, almost from the Everybody watched the television, Methodists of this area and the nation de- listened to the radio, or stood down- serve the nation’s thanks, and I commend all moment the cortege left the White those who are today graduating. House, we could hear the noise of the town to watch the funeral. We saw on Professor Woodrow Wilson once said that drums and the horses. I remember viv- television planes fly by in a missing every man sent out from a university should idly the riderless horse, the boots man formation followed by Air Force be a man of his nation as well as a man of his turned backwards. It was a very spir- One tipping its wing in salute. We ran time, and I am confident that the men and ited horse. I recall his name was Black- outside just in time to see the planes women who carry the honor of graduating jack. He was skittering, his feet danc- which we had seen seconds before on from this institution will continue to give from their lives, from their talents, a high ing on the pavement. I can still hear television fly over our heads. Looking around, everybody else had measure of public service and public support. the click, click of his hooves. I remem- ‘‘There are few earthly things more beau- ber a car going by with then-Attorney run outside too. We stood there, neigh- tiful than a University,’’ wrote John General Robert Kennedy in it, his chin bors and strangers. Masefield, in his tribute to the English Uni- At that time, there was so much op- on his hand, just staring straight versities—and his words are equally true timism, so much hope, even though it ahead, not seeing any of the crowd. here. He did not refer to spires and towers, to was at the height of the Cold War, and campus greens and ivied walls. He admired And, of course, I remember the coffin even though we had just experienced the splendid beauty of the University, he being brought here to lie in state in the the Cuban missile crisis. After the said, because it was ‘‘a place where those Rotunda. death of President Kennedy, we felt so who hate ignorance may strive to know, We heard the distinguished majority much of this optimism was lost. where those who perceive truth may strive leader at that time, Mike Mansfield, a to make others see.’’ I saw the unity come back after Sep- I have, therefore, chose this time and this very close friend of John Kennedy, give tember 11. I don’t know if the optimism a eulogy. He spoke of President Ken- place to discuss a topic on which ignorance will ever came back fully. We were op- too often abounds and the truth is to rarely nedy’s and Jacqueline Kennedy’s wed- timistic of many things. perceived—yet it is the most important topic ding rings. She took her husband’s ring In my lifetime, we have seen so many on earth: world peace. from his finger. It was 40 years ago, but wonderful advances in science. When I What kind of peace do I mean? What kind I remember it so well. was young, we had to worry about of peace do we seek? Not a Pax Americana I did not meet Senator Mansfield polio. Our children and my two grand- enforced on the world by American weapons of war. Not the peace of the grave or the se- until more than 10 years later when I children will never have to worry about was the Senator-elect from Vermont. I curity of the slave. I am talking about gen- those kinds of things. Our country has uine peace—the kind of peace that makes got to know him well and realized the had many wonderful advances and life on earth worth living—the kind that en- depth of his affection and his friendship much to be optimistic about. There ables man and nations to grow and to hope for President Kennedy, with whom he was unity and support from around the and to build a better life for their children— had served in the Senate. It must have world for the United States right after not merely peace for Americans but peace been so difficult for him to give that that event, as there was right after for all men and women—not merely peace in eulogy. our time but peace for all time. September 11. We are now in a time I speak of peace because of the new face of For two days, there were people—not where that unity is missing. I hope it just officials from Washington, D.C., war. Total war makes no sense in an age will come back. when great powers can maintain large and but people from all over the country— I hope this weekend all Members of relatively invulnerable nuclear forces and who were stretched literally for miles, this body—most of us are old enough to refuse to surrender without resort to those waiting to pay their respects. I can remember that day—I hope we stop and forces. It makes no sense in an age when a still see them huddled in their coats think what is best for this country. It single nuclear weapon contains almost ten with frost from their breath in the air is time to start working together more times the explosive force delivered by all of as they stood in line all night. closely, with more support for each the allied air forces in the Second World We stayed at our apartment to watch War. It makes no sense in an age when the other and the country, and it is time to deadly poisons produced by a nuclear ex- the funeral, because we were expecting help restore some of the optimism. We change would be carried by the wind and our first child. We felt the crowd would are a great country. We have survived water and soil and seed to the far corners of have made it too difficult to go back world wars, civil wars, Presidential as- the globe and to generations unborn. downtown. sassinations, and terrorist attacks. We Today the expenditure of billions of dollars At the funeral, there were heads of can survive much more—if not for our- every year on weapons acquired for the pur- pose of making sure we never need to use state marching from 1600 Pennsylvania selves, for our children and for our Avenue to St. Matthews. There were them is essential to keeping the peace. But grandchildren. surely the acquisition of such idle stock- Prime Ministers, Presidents, Kings, Mr. President, I ask unanimous con- piles—which can only destroy and never cre- Princes, and dictators. Someone came sent to print President Kennedy’s 1963 ate—is not the only, much less the most effi- up with the idea of having the rep- commencement address delivered at cient, means of assuring peace. resentatives march based on the name American University. I speak of peace, therefore, as the nec- of their country. The head of France There being no objection, the mate- essary rational end of rational men. I realize marched next to head of Ethiopia. Em- rial was ordered to be printed in the that the pursuit of peace is not as dramatic peror Haile Selassie of Ethiopia as the pursuit of war—and frequently the RECORD, as follows: words of the pursuer fall on deaf ears. But we marched next to Charles de Gaulle. REMARKS OF PRESIDENT JOHN F. KENNEDY, have no more urgent task. The interesting thing about this is JR. AT AMERICAN UNIVERSITY, WASHINGTON Some say that it is useless to speak of the way the world came together. In D.C., JUNE 10, 1963 world peace or world law or world disar- fact, for a while there was a rumor that President Anderson, members of the fac- mament—and that it will be useless until the Premier Khrushchev might come. Re- ulty, Board of Trustees, distinguished leaders of the Soviet Union adopt a more en- member, this was the height of the guests, my old colleague, Senator Bob Byrd, lightened attitude. I hope they do. I believe Cold War. This was when President who has earned his degree through many we can help them do it. But I also believe that we must re-examine our own attitude— Kennedy and Premier Khrushchev had years of attending night law school, while I am earning mine in the next 30 minutes, la- as individuals and as a Nation—for our atti- stared across oceans at each other dur- dies and gentlemen: tude is as essential as theirs. And every ing the Cuban missile crisis. Khru- It is with great pride that I participate in graduate of this school, every thoughtful cit- shchev was dissuaded from coming by this ceremony of the American University, izen who despairs of war and wishes to bring

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15238 CONGRESSIONAL RECORD — SENATE November 20, 2003 peace, should begin by looking inward—by impossible and communication as nothing signed to deter and capable of selective use. examining his own attitude toward the possi- more than an exchange of threats. Our military forces are committed to peace bilities of peace, toward the Soviet Union, No government or social system is so evil and disciplines in self-restraint. Our dip- toward the course of the Cold War and to- that its people must be considered as lacking lomats are instructed to avoid unnecessary ward freedom and peace here at home. in virtue. As Americans, we find communism irritants and purely rhetorical hostility. First: Let us examine our attitude toward profoundly repugnant as a negation of per- For we can seek a relaxation of tensions peace itself. Too many of us think it is im- sonal freedom and dignity. But we can still without relaxing our guard. And, for our possible. Too many of us think it is unreal. hail the Russian people for their many part, we do not need to use threats to prove But that is dangerous, defeatist belief. It achievements—in science and space, in eco- that we are resolute. We do not need to jam leads to the conclusion that war is inevi- nomic and industrial growth, in culture and foreign broadcasts out of fear our faith will table—that mankind is doomed—that we are in acts of courage. be eroded. We are unwilling to impose our gripped by forces we cannot control. Among the many traits the peoples of our system on any unwilling people—but we are We need not accept that view. Our prob- two countries have in common, none is willing and able to engage in peaceful com- lems are manmade—therefore, they can be stronger than our mutual abhorrence of war. petition with any people on earth. solved by man. And man can be as big as he Almost unique, among the major world pow- Meanwhile, we seek to strengthen the wants. No problem of human destiny is be- ers, we have never been at war with each United Nations, to help solve its financial yond human beings. Man’s reason and spirit other. And no nation in the history of battle problems, to make it a more effective instru- have often solved the seemingly unsolvable— ever suffered more than the Soviet Union ment of peace, to develop it into a genuine and we believe they can do it again. suffered in the course of the Second World world security system—a system capable of I am not referring to the absolute, infinite War. At least 20 million lost their lives. resolving disputes on the basis of law, of in- concept of universal peace and good will of Countless millions of homes and farms were suring the security of the large and the which some fantasies and fanatics dream. I burned or sacked. A third of the nation’s ter- small, and of creating conditions under do not deny the values of hopes and dreams ritory, including nearly two thirds of its in- which arms can finally be abolished. but we merely invite discouragement and in- dustrial base, was turned into a wasteland— At the same time we seek to keep peace in- credulity by making that our only and im- a loss equivalent to the devastation of this side the non-communist world, where many mediate goal. country east of Chicago. nations, all of them our friends, are divided Let us focus instead on a more practical, Today, should total war ever break out over issues which weaken western unity, more attainable peace—based not on a sud- again—no matter how—our two countries which invite communist intervention or den revolution in human nature but on a would become the primary targets. It is an which threaten to erupt into war. Our efforts gradual evolution in human institutions—on ironical but accurate fact that the two in West New Guinea, in the Congo, in the a series of concrete actions and effective strongest powers are the two in the most Middle East and in the Indian subcontinent, agreements which are in the interest of all danger of devastation. All we have built, all I have been persistent and patient despite concerned. There is no single, simple key to we have worked for, would be destroyed in criticism from both sides. We have also tried this peace—no grand or magic formula to be the first 24 hours. And even in the Cold War, to set an example for others—by seeking to adopted by one or two powers. Genuine peace which brings burdens and dangers to so many adjust small but significant differences with must be the product of many nations, the countries, including this Nation’s closest al- our own closest neighbors in Mexico and in sum of many acts. It must be dynamic, not lies—our two countries bear the heaviest Canada. Speaking of other nations, I wish to make static, changing to meet the challenge of burdens. For we are both devoting massive one point clear. We are bound to many na- each new generation. For peace is a process— sums of money to weapons that could be bet- tions by alliances. These alliances exist be- a way of solving problems. ter devoted to combating ignorance, poverty With such a peace, there will still be quar- and disease. We are both caught up in a vi- cause our concern and theirs substantially rels and conflicting interests, as there are cious and dangerous cycle in which suspicion overlap. Our commitment to defend Western within families and nations. World peace, on the other, and new weapons beget Europe and West Berlin for example, stands like community peace, does not require that counter-weapons. undiminished because of the identity of our vital interests. The United States will make each man love his neighbor—it requires only In short, both the United States and its al- no deal with the Soviet Union at the expense that they live together in mutual tolerance, lies, and the Soviet Union and its allies, have of other nations and other peoples, not mere- submitting their disputes to a just and a mutually deep interest in a just and gen- uine peace and in halting the arms race. ly because they are our partners, but also be- peaceful settlement. And history teaches us Agreements to this end are in the interests cause their interests and ours converge. that enmities between nations, as between of the Soviet Union as well as ours—and even Our interests converge, however, not only individuals, do not last forever. However the most hostile nations can be relied upon in defending the frontiers of freedom, but in fixed our likes and dislikes may seem the to accept and keep those treaty obligations, pursuing the paths of peace. It is our hope— tide of time and events will often bring sur- and only those treaty obligations, which are and the purpose of Allied policies—to con- prising changes in the relations between na- in their own interest. vince the Soviet Union that she, too, should tions and neighbors. So, let us not be blind to our differences— let each nation choose its own future, so So let us persevere. Peace need not be im- but let us also direct attention to our com- long as that choice does not interfere with practicable—and war need not be inevitable. mon interests and to means by which those the choices of others. The communist drive By defining our goal more clearly—by mak- differences can be resolved. And if we cannot to impose their political and economic sys- ing it seem more manageable and less re- end now our differences, at least we can help tem on others is the primary cause of world mote—we can help all peoples to see it, to make the world safe for diversity. For, in the tension today. For there can be no doubt draw hope from it, and to move irresistibly final analysis, our most basic common link that if all nations could refrain from inter- toward it. is that we all inhabit this plant. We all fering in the self-determination of others, Second: Let us re-examine our attitude to- breathe the same air. We all cherish our chil- then peace would be much more assured. ward the Soviet Union. It is discouraging to dren’s future. And we are all mortal. This will require a new effort to achieve think that their leaders may actually be- Third: Let us re-examine our attitude to- world law—a new context for world discus- lieve what their propagandists write. It is ward the Cold War, remembering that we are sions. It will require increased understanding discouraging to read a recent authoritative not engaged in a debate, seeking to pile up between the Soviets and ourselves. And in- Soviet text on Military Strategy and find, on debating points. We are not here distributing creased understanding will require increased page after page, wholly baseless and incred- blame or pointing the finger of judgment. We contact and communications. One step in ible claims—such as the allegation that must deal with the world as it is, and not as this direction is the proposed arrangement ‘‘American imperialist circles are preparing it might have been had history of the last for a direct line between Moscow and Wash- to unleash different types of wars . . . that eighteen years been different. ington, to avoid on each side the dangerous there is a very real threat of a preventive We must, therefore, preserve in the search delays, misunderstandings, and misreadings war being unleashed by American impe- for peace in the hope that constructive of the other’s actions which might occur at rialists against the Soviet Union . . . (and changes within the Communist bloc might a time of crisis. that) the political aims of the American im- bring within reach solutions which now seem We have also been talking in Geneva about perialists are to enslave economically and beyond us. We must conduct our affairs in other first-step measures of arms control, de- politically the European and other capitalist such a way that it becomes in the Com- signed to limit the intensity of the arms race countries . . . (and) to achieve world domina- munists’ interest to agree on a genuine and to reduce the risks of accidental war. tion. peace. Above all, while defending our vital Our primary long-range interest in Geneva, Truly, as it was written long ago: ‘‘The interest, nuclear powers must avert those however, is general and complete disar- wicked flee when no man pursueth.’’ Yet it is confrontations which bring an adversary to a mament—designed to take place by stages, sad to read these Soviet statements—to real- choice of either a humiliating retreat or a permitting parallel political developments to ize the extent of the gulf between us. But it nuclear war. To adopt that kind of course in build the new institutions of peace which is also a warning—a warning to the Amer- the nuclear age would be evidence only of would take the place of arms. The pursuit of ican people not to fall into the same trap as the bankruptcy of our policy—or of a collec- disarmament has been an effort of this Gov- the Soviets, not to see only a distorted and tive death-wish for the world. ernment since the 1920’s. It has been ur- desperate view of the other side, not to see To secure these ends, America’s weapons gently sought by the past three Administra- conflict as inevitable, accommodations as are non-provocative, carefully controlled, de- tions. And however dim the prospects may be

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15239 today, we intend to continue this effort—to sufficiently effective in its enforcement and We do not want the United States of continue it in order that all countries, in- if it is sufficiently in the interests of its America at the mercy of other coun- cluding our own, can better grasp what the signers—offer far more security and far fewer tries just to keep our engines running problems and possibilities of disarmament risks than an unabated, uncontrolled, unpre- and our lights on. This Energy bill will are. dictable arms race. The one major area of these negotiations The United States, as the world knows, help increase our energy independence where the end is in sight—yet where a fresh will never start a war. We do not want a war. by increasing domestic production of start is badly needed—is in a treaty to out- We do not now expect a war. This generation energy and reducing our reliance on law nuclear tests. The conclusion of such a of Americans has already had enough—more foreign sources. treaty—so near and yet so far—would check than enough—of war and hate and oppres- This bill allows for and encourages the spiraling arms race in one of its most sion. We shall be prepared if others wish it. through tax credits more oil and more dangerous areas. It would place the nuclear We shall be alert to try to stop it. But we natural gas exploration. The bill also powers in a position to deal more effectively shall also do our part to build a world of includes clean coal provisions that I with one of the greatest hazards which man peace where the weak are safe and the strong faces in 1963, the further spread of nuclear are just. We are not helpless before that task helped write, to increase domestic pro- arms. It would increase our security—it or hopeless of its success. Confident and duction, while also improving environ- would decrease the prospects of war. Surely unafraid, we labor on—not toward a strategy mental production soundness. In my this goal is sufficiently important to require of annihilation but toward a strategy of home State this means jobs, a lot of our steady pursuit, yielding neither to the peace. jobs, and a cleaner place to live. temptation to give up the whole effort nor The PRESIDING OFFICER (Mr. Clean coal technology will result in a the temptation to give up our insistence on ALEXANDER). The Senator from Ken- significant reduction in emissions and vital and responsible safeguards. tucky is recognized. a sharp increase in energy efficiency. I am taking this opportunity, therefore, to Mr. BUNNING. Mr. President, I announce two important decisions in this re- I am proud to be from a coal State. gard. thank you. Generations of Kentuckians have made First: Chairman Khrushchev, Prime Min- I rise to talk about the Energy con- their living in the coal fields and coal ister Macmillan and I have agreed that high- ference report and urge my fellow Sen- mines of Kentucky. For the last dec- level discussions will shortly begin in Mos- ators to support this bill. We have ade, coal in Kentucky was on the down- cow looking toward early agreement on a waited for a comprehensive Energy bill turn because of legislative and regu- comprehensive test ban treaty. Our hopes for too long. I am pleased that we have latory policies from the Federal Gov- must be tempered with the caution of his- before us a good energy policy bill tory—but with our hopes go the hopes of all ernment which forced electricity gen- mankind. which we can send to the President of eration to invest in natural gas-fired Second: To make clear our good faith and the United States. facilities instead of coal. solemn convictions on the matter, I now de- The conference bill is not perfect. I I am glad to see we have turned clare that the United States does not pro- don’t believe I have voted for a perfect things around and are taking steps to pose to conduct nuclear tests in the atmos- bill in the last 17 years. But no bill we make sure coal continues to play a phere so long as other states do not do so. We ever pass around here is perfect. But it vital role in meeting our future energy will not be the first to resume. Such a dec- is a good compromise that will help our needs. This focus on clean coal is good laration is no substitute for a formal binding country meet its future energy needs. treaty—but I hope it will help us achieve for the environment. It is certainly one. Nor would such a treaty be a substitute This agreement will mean more jobs good for the economy and for putting for disarmament—but I hope it will help us and more money in American’s pocket- folks back to work. achieve it. books and create more than a million The Energy bill encourages research Finally, my fellow Americans, let us exam- jobs across this country. We are al- and development of clean coal tech- ine our attitude toward peace and freedom ready on the upturn of an economic re- nology by authorizing nearly $2.6 bil- here at home. The quality and spirit of our cession. This bill will help kick our lion in appropriations for the Depart- own society must justify and support our ef- economy into high gear. ment of Energy to conduct programs to forts abroad. We must show it in the dedica- A good energy policy must strike a tion of our own lives—as many of you who advance new technologies. Almost $2 are graduatng today will have a unique op- balance between energy production and billion will be used for the clean coal portunity to do, by serving without pay in conservation. This bill does just that power initiatives where the DOE will the Peace Corps abroad or in the proposed by including increased energy produc- work with industry to advance effi- National Service Corps here at home. tion while also doing more to encour- ciencies, environmental performance, But wherever we are, we must all, in our age conservation and smarter energy and cost competitiveness of new clean daily lives, live up to the age-old faith that use. coal technologies. peace and freedom walk together. In too I know this bill was difficult to get many of our duties today, the peace is not The energy tax package includes $2.5 secure because freedom is incomplete. out of conference. I watched my chair- billion for coal-fired companies to in- It is the responsibility of the Executive man for almost 2 months suffer with vest in clean coal technologies and pol- Branch at all levels of government—local, this bill. Under his leadership and the lution control equipment. I am pleased state and national—to provide and protect leadership of Senator GRASSLEY, we to see that the bill also authorized an that freedom for all of our citizens by all have before the Senate a solid piece of additional $2 billion for clean air pro- means within their authority. It is the re- legislation that provides energy policy grams which will encourage the use of sponsibility of the Legislative Branch at all and tax incentives to promote produc- pollution control equipment and the levels, wherever that authority is not now tion and energy efficiencies throughout adequate, to make it adequate. And it is the next generation of clean coal genera- responsibility of all citizens in all sections of and the use of cleaner burning fuels. tors. this country to respect the rights of all oth- In the wake of our ongoing problems The 21st century economy will re- ers and to respect the law of the land. in the Middle East, now more than ever quire increased amounts of reliable, All this is not unrelated to world peace. a sound energy policy is a critical part clean, and affordable electricity to ‘‘When a man’s ways please the Lord,’’ the of our national security. We must have keep our Nation running. This bill rec- Scriptures tell us, ‘‘he maketh even his en- a reliable source of energy and we must ognizes that coal must play an impor- emies to be at peace with him.’’ And is not cut our reliance on foreign oil. Pres- tant role in our energy future. peace, in the last analysis, basically a mat- ter of human rights—the right to live out ently we depend on foreign nations, in- Today, more than half our Nation’s our lives without fear of devastation—the cluding the Middle East, for nearly 60 electricity is generated from an abun- right to breathe air as nature provided it— percent of our Nation’s oil supply. dant low-cost domestic coal. We have the right of future generations to a healthy While we appear to be moving away over 275 billion tons of recoverable coal existence? from combat in Iraq, we still have reserves. This is nearly 30 percent of While we proceed to safeguard our national many problems there. There is still a the world’s coal supply. That is enough interests, let us also safeguard human inter- lot of uncertainty in the Middle East. coal to supply us with energy for more ests. And the elimination of war and arms is We need to increase our own produc- clearly in the interest of both. No treaty, than 250 years. however much it may be to the advantage of tion of energy because it is more im- This Energy bill also includes fuel all, however tightly it may be worded, can portant than ever right now. It is too provisions that I pushed hard for that provide absolute security against the risks of important and there is too much insta- will help make fuel burn cleaner. The deception and evasion. But it can—if it is bility in the world not to pass this bill. bill requires the use of 5 billion gallons

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15240 CONGRESSIONAL RECORD — SENATE November 20, 2003 per year of renewable fuels such as eth- The PRESIDING OFFICER. Without est. Of course. Well, if there are no in- anol and biodiesel in gasoline by the objection, it is so ordered. terests, there is nothing going on. year 2012. The bill also provides tax The Senator from New Mexico. Right? We just as well might go to credits to encourage the use of these Mr. DOMENICI. Thank you, Mr. sleep and forget about it. fuels. Increasing the use of alternative President. I will not take too long. Another thing that is interesting, we fuels will help farmers while also in- I wish to speak a moment to the Sen- have had at least three Senators come creasing domestic energy production ator from Kentucky. to the floor, including my cohort from and lessening our dependence on for- First, I say to the Senator, I chair New Mexico, saying they are against eign oil. the Energy Committee, and I am very electricity provisions because they The bill also addresses electricity. pleased that Kentucky has contributed wanted FERC to have more power. Kentucky is the second lowest electric you to the committee. You bring to us Now, I did not have the luxury of rate State in the Union. It just fell an enthusiastic approach to America’s making speeches about FERC. I had to below Idaho. Much of Kentucky’s low self-sufficiency, not the gloom and write something. And here we have one rates come as a result of our coal pro- doom of: We can’t make it, we can’t do Senator saying FERC should have run duction. The low rates also come from it. You are always there saying: We the whole electric system in the coun- Kentucky’s decision to put Kentucky ought to do it. Why don’t we do it? try. Right? consumers first before consumers out- I am very pleased we were able to put Then we have this Senator. He is side of the State. in this new law a series of provisions over here saying: You almost went too I do not believe this bill goes far that permit the Senator to come to the far, where we skinnied back on FERC’s enough to prevent FERC from imple- floor and speak with optimism about power. We said it can phase in over menting SMD permanently or pre- coal of the future, coal and America’s time. Right? venting mandatory RTOs. I do believe future. Of course it is parochial but it You were not sure of that. If you had this bill is a good compromise. The bill is national. been writing it, and did not have any- delays until 2007 FERC’s plan to create The Senator’s State is a coal pro- body else pressuring you, you would its SMD and allows companies to par- ducer but it is a part of America. Ken- have written it more in favor of your ticipate in RTOs voluntarily. tucky is a State in the Union. Your State. But, you see, I did not have the Some of the electric provisions are State does not want to go down in coal. luxury of writing one for each State, especially good for Kentucky. More As I understand it, you want coal to go one that affects you up the road. than one-third of Kentucky’s elec- up. You do not want ‘‘King Coal’’ dead. Then there is another State—such as tricity comes from rural electric coop- You want ‘‘King Coal’’ alive. Pennsylvania—saying: We don’t do erative distributors. This bill will help The first thing I want to do is say to business like they do. We want a whole the consumer-owners of Kentucky’s 26 the Senator, it is very interesting to different electricity provision. I heard electric cooperatives to stay in busi- see how you interpret this and how that. I could not write one for them, ness and maintain the State’s status as others interpret it—that all these coal too. Right? having the lowest residential or second provisions are a giveaway to big busi- Mr. BUNNING. Fifty different ones. lowest residential rates in the country. ness. I did not hear the Senator men- Mr. DOMENICI. The last time they I worked hard in the Senate Energy tion big business once, not because used to write two was before the Civil Committee to ensure that the small they are not going to be involved, but War. They wrote one for the South and rural electric cooperatives in Kentucky I think it is because the Senator under- one for the North. But I told them: are not subject to expensive FERC ju- stands you are not going to produce Why don’t you cut it in four pieces and risdiction that could raise consumers’ new, clean coal generators with non- we will write four of them? Right? But rates without improving the reliability profit organizations. there aren’t four countries; there are of the electric utility system. This is a I guess the Senator assumes, as I do, just the States. So we did the best we big issue for our cooperatives in Ken- that some coal company is going to could. I think it is a good provision. tucky that serve only a few thousand apply to the Department of Energy to Now, what else about it? I share with customers and do not have bulk trans- do this. Is that not right, I ask the Sen- you, right now, on the electric provi- mission. ator? sion that here is the study. So every- This bill specifically codifies RUS Mr. BUNNING. Absolutely. The Sen- body can see it—it is the first time it borrowers’ existing exemption from ator is absolutely right. has been on the floor of the Senate. It FERC regulation and expands the ex- Mr. DOMENICI. So one can stand up is entitled ‘‘Interim Report: The emption to include small electric co- and say: There must have been great Causes of the August 14th Blackout in operatives that sell less than 4 million lobbying from the coal companies. the United States and Canada.’’ I do megawatts of electricity per year. This Well, the coal companies did not not think I will ask that it be printed is also called the small utility exemp- have to lobby. All we had to do was in the RECORD. I will refer to it. We tion. have a brain and to know there is coal have gone through it and we have The bill also minimizes other new and say: Well, what are we going to do looked at what they said. regulatory burdens on cooperatives. I so somebody will invest money in coal, Let me say to my friend, it says that am pleased to see this bill does not in- servicing our country in a bigger and the principal reason we had a blackout clude new regulatory programs such as better way? was that all of the States, with their environmental mandates that would If it turns out some choose to come various utility systems, had what are have raised consumers’ electric rates. to the floor and label that indecent lob- called reliability standards. I hope the Senate passes the Energy bying by a big company, I am sorry, we Now, I am not a technician, but reli- bill this week so we can make our envi- could have done this if no coal com- ability means something pretty com- ronment, economy, and national secu- pany ever visited us, I assure you. mon and ordinary. I can talk reli- rity stronger. I say to the Senator, we have Sen- ability at home in an evening with my Thank you, Mr. President, for the ators like you who told us about it. wife. We talk a lot about this, and she time, and I yield the floor. Mr. BUNNING. I assure the Senator should know what that is. Reliability Mr. DOMENICI addressed the Chair. from New Mexico that I was not lob- standards means that you appro- The PRESIDING OFFICER. Under bied by coal companies. But I sure was priately and prudently load your elec- the previous order, the Senator from Il- lobbied by the small electric producers tric wires so they are not so overloaded linois is to be recognized. in Kentucky. that something happens, or that they Mr. DURBIN. Mr. President, I am Mr. DOMENICI. Absolutely. The are clean and they do not have things happy to yield to the Senator from truth is, whatever you lobbied for as a imposing upon their reliability. New Mexico, who has asked permission Senator, that is your privilege. Nobody This said it was nothing dramatic. It to speak for a few moments. could say you should not work for coal was not that we have an old, wornout I say to the Senator, whatever time in this bill, that you ought to just system. Somebody said we had a Third you would like, I would be happy to abandon it, that you should not do that World system. No, no, we do not. We yield for that purpose. because that is representing an inter- have a first world system, not a third

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15241 world system. When we have a black- He tends to play cards with the cards New Mexico, or Delaware—sit down out, it is big news. That is because we face up. You know what you are deal- with them and say: When it comes to have a first-rate system. You know the ing with. He is very honest and plain- the energy future of America, what is third-rate systems nobody cares about spoken. That is a refreshing virtue and the first thing we ought to look at? My because they are not working anyway. quality in this world of politics. He was guess is that most of those individuals, So the truth is, this little report says quoted on the floor the other day, talk- with no particular scientific or tech- the biggest reason it went out was reli- ing about this Energy bill: nical knowledge, will say: How about ability. We know that as soon as you start reading all the gasoline we are burning in our Well, guess what. For all the things the language, we are duck soup. cars and trucks? That is the most obvi- we did so wrong in this bill, one of the That is what he said. I have to say to ous use of energy in America. principal things we provided was man- the Senator from New Mexico that I It is the No. 1 use of imported petro- datory reliability standards. No more have read some of the language. It leum products, conversion into gaso- cheating, fudging, hiding a little, and looks like a duck, it walks like a duck, line to fuel our cars and trucks. So you overloading the lines during heavy use, and it sounds like a duck. It is a duck. would assume that in this lengthy bill, and saying: Well, nobody will do any- And we are in the soup if we enact it. the first chapter of the bill would re- thing—except when it blows out. Then There are provisions in this bill that late to how we can burn this gasoline we all find out. are very good for America and very more efficiently, how we can reduce So I say to everybody, we did the re- good for my home State, provisions our consumption of gasoline, how we port. You wondered what happened. which I have long fought for through- can make our cars and trucks more You got the study. You got a bill. The out my congressional career: Expand- fuel efficient so there is less pollution bill says, if you pass this bill, it is ing the use of ethanol, expanding the and less dependence on foreign oil. fixed. Right? use of biodiesel. These are positive Most Americans would assume that. Mr. BUNNING. Right. Well, there is bad news. You can Mr. DOMENICI. Contrary-wise, do steps to help farmers, rural commu- search this new law that is being pro- what some have suggested, throw the nities, to clean up air pollution in a posed, page after page after page for bill out, and you are right back where sensible way, to provide energy re- 1,400 pages, and find precious little, if we were. You are right back where we sources which are not being used as any, reference to fuel efficiency and were. You can sit around and wait for much as they should. You might not fuel economy of America’s cars and a blackout, just playing with your expect to hear that from a Senator trucks. Why? How can we in good faith hands, worrying, sweating, saying: from Illinois because we have the larg- When will it occur? est ethanol production in the Nation. I say to the American people that we are At least this bill says we know why it have been honored to represent a con- concerned about our energy security occurred, and we are not going to let it gressional district that includes Deca- and energy independence without ad- occur again. The Feds are going to fine tur, IL, home of Archer Daniels Mid- dressing the fuel efficiency of our cars anybody who is lazy and loafs around land, the largest single ethanol pro- and trucks? and doesn’t clean up the lines. In fact, ducer in the Nation. There was a time, in 1975, when the the report is pretty good that they are I came to this issue with some average fuel efficiency was about 14 going to be on them to get the trees off knowledge and with an inclination to miles a gallon. Congress passed a law the lines. That would be good news; we try my best to expand ethanol. that almost doubled that fuel effi- don’t have to go out there line by line. Throughout my public career, I have ciency to 27.5 miles a gallon by 1985. But that is part of the reliability. done it. I have been chairman of the That was 18 years ago. You ask your- The point I make is, for every issue congressional alcohol fuels caucus. I self: How good are we today? Have we people have raised on the floor that have introduced legislation, sponsored improved on that mark? Are we doing this bill doesn’t do or fails to do, on the it. I have led efforts with letters and better than 27.5 miles a gallon on aver- other hand it does and it doesn’t fail speeches, just about all you can do to age? The answer, sadly, is no. We have to. Every time people say ‘‘we don’t promote ethanol. If it is enacted, the gone in the opposite direction. We are like it because,’’ there is something in ethanol provision in the bill will be the closer now to 22 miles a gallon. it to say, ‘‘but we do like it because.’’ most dramatic expansion in the Na- What has happened in 18 years? No I regret that it can’t be every single tion’s history. I certainly support it. leadership—not from Congress, not Senator taking the floor and saying: To all of my friends in the farm com- from the President—no leadership that Everything in it is precisely what I munity back home who are dis- leads us to more fuel efficiency. In- want. appointed because I oppose this bill, stead, we have left it to the forces of I am glad we have people such as the trust that my commitment to ethanol the marketplace. There are many here Senator from Kentucky who knows is not going to change. I am just going who believe that is all we need to that can’t happen. to hope that the next venue, the next worry about; let the market work its Mr. BUNNING. I thank the Chair. opportunity to discuss ethanol, will be will. Mr. DOMENICI. I yield the floor. in a much different bill, a much better The market has worked its will and, The PRESIDING OFFICER. Under bill. as a result, we are selling cars that are the previous order, the Senator from Il- Sadly, what is included in this bill, less and less fuel efficient. We are im- linois is recognized. beyond the ethanol provisions and the porting more oil from overseas and Mr. DURBIN. Mr. President, obvi- biodiesel provisions and efforts to look burning it to fuel heavier, less fuel-effi- ously, I am in opposition to this En- for new ways to burn coal in an envi- cient vehicles. In fact, this Congress, if ergy bill. The Senator from New Mex- ronmentally safe way, many of the pro- it has shown any leadership, has gone ico is my friend. We go nose to nose visions are very bad, very troublesome. in the opposite direction. We have cre- and toe to toe and fight on a lot of Tomorrow we will have a vote. That ated tax incentives for people to buy issues. We are in real disagreement vote will decide whether this bill goes the most inefficient cars and SUVs in over this bill. But I respect him and forward to final passage. It really is America, these monstrous Humvees like him very much. When we do come the key vote. It is going to be close, that come rolling down the highway. together on issues such as mental probably within one or two Senators’ We are going to give you a great big health parity, it is a wonderful feeling votes. They will decide what happens tax credit if you will buy those. Do you for us to be on the same side fighting to this Energy bill. It is my hope that know why? Those big old monsters get together. Unfortunately, today that the Senators who are on the fence now between 9 and 15 miles a gallon. We may not be the case, but tomorrow I or worried about the vote will consider will give you an incentive to buy those. hope it is. I have a great deal of respect several things. Yet when it comes to incentives to for him and for all the hard work he First, we can do better. If this is sup- buy fuel-efficient cars, hybrid vehicles, and his staff and so many others put posed to be an Energy bill for Amer- we are going to have to phase that out. into this legislation. ica’s future, we can do so much better. We do have a deficit. What I like about Senator DOMEN- Take any family in your State, wher- Isn’t that upside down? Shouldn’t we ICI—I guess most of all—is his candor. ever you are from—Tennessee, Illinois, be thinking about encouraging more

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15242 CONGRESSIONAL RECORD — SENATE November 20, 2003 fuel-efficient vehicles if we truly want States. Other oxygenates include eth- ple titles such as ‘‘princes’’ and ‘‘vis- to lessen our dependence on Saudi Ara- anol, which I referred to earlier, and, counts’’ and whatever it happened to bia and Middle Eastern oil? That is ob- like alcohol, it is benign and doesn’t be in the old country. No, in America it vious to most people in the State I rep- really threaten the environment. is different. There is no royalty. We are resent. It is obvious to most Ameri- But MTBE—this additive—turns out all the same. People are treated the cans. It certainly was not obvious to to be extraordinarily dangerous. It is a same. The highest and the lowest in the sponsors of this Energy bill. They poison, a toxic substance which, if it rank in America are held accountable. wrote this bill listening to Detroit. The leeches into a water supply, can make But that is not the case when it automobile manufacturers in Detroit— it undrinkable, at best, and dangerous, comes to this Energy bill because if I have worked with them on a number at worst, leading those who consume it you happen to be an oil company with of issues—are just plain wrong on this. to a greater likelihood of serious ill- MTBE contamination, we are going to They have fought tooth and nail every ness and disease, even the potential of treat you like royalty with a ‘‘get out proposal to bring more fuel-efficient cancer. of jail free card.’’ We are going to say vehicles to America. So what has happened across the that you are not going to be held re- Do you want to hear the irony of this United States is that the oil companies sponsible as will the business next door situation? The irony was brought out that use MTBE as an additive learned selling another product. That is just by a disclosure—quoting here from the that when the underground storage plain wrong. Baltimore Sun of November 19, 2003. tank at your gas station started to Senator DOMENICI came to the floor Listen to what they wrote: leak—little drips day after day—ulti- and said repeatedly—understand, he Chinese leaders are worried about their na- mately, that MTBE-blended gasoline turns the cards over so there is no tion’s growing dependence on imported oil. would reach the water table under the doubt what is going on. He says: Under- What’s more, pollution from such fossil fuels ground, and the water supply of the stand what this bargain was. If you threatens to become a parallel concern as community where the gas station was want ethanol, you want to sell more China’s booming economy matures. located. As it reached the water sup- ethanol—the oil companies hate eth- So they’ve hit upon an obvious energy strategy that somehow has eluded U.S. law- ply, it didn’t biodegrade but continued anol; they don’t make ethanol. In order makers: conservation. to be toxic and lethal. As a result, the for them to go along with this bill, in In what should be an embarrassing jux- consumers, the families, the children, order for the oil company giants to taposition for leaders here, China is moving and the schools that consume this agree to promoting ethanol in Amer- to impose tighter fuel-efficiency rules on water were at a public health risk. ica, we had to give them this MTBE cars and SUVs than the U.S. requires, while Well, this contamination has now waiver of liability. Those are not my Congress is adopting an opposite approach— spread across the United States. It is in words. I think they are an accurate boosting domestic production of fossil fuels Illinois and in many other States. Let paraphrase of Senator DOMENICI’s to meet all-but-unchecked demand. . . . adds insult to injury by subsidizing me show you how bad this is. words, repeated many times on the the purchase of monster gas-guzzlers, such as Here is a map showing States with floor of the Senate. He said: If you the Humvee. MTBE contamination in ground drink- don’t give the oil companies this pro- They conclude: ing water. The Presiding Officer’s tection from liability for their own The Senate still has a chance to stop this State of Tennessee does not have con- wrongdoing, from product liability law- monstrosity [the Energy bill]. It should take tamination in drinking water but does suits, frankly, there is going to be no a cue from China and prepare for the future, have contamination sites. Tennessee ethanol in your future. instead of squandering precious resources has 1,394 MTBE contamination sites. Il- Isn’t it a sad outcome that we would trying to maintain an unsustainable past. linois, where I live, has 9,546 MTBE turn our backs on 153,858 MTBE con- Chinese thinking on energy is very contamination sites. Look at this map tamination sites in America and say to clear, I might say. It is the thinking of of America. You can see that where the communities, to the towns and cit- American politicians that is inscru- MTBE has reached the ground water, ies, the subdivisions and the families, table. How in the world can we be talk- and now the drinking water, we have to the individuals who are harmed by ing about energy independence and ig- the public health hazard that has swept this MTBE: We are sorry, you will not nore fuel efficiency for the cars and across America. Only six States in the have a day in court. You will not be trucks we drive? That, sadly, is the re- continental United States have not able to hold the people accountable ality of this legislation. That is why it been touched by this. Hawaii has not who ended up endangering your family. cannot be taken seriously. You cannot but Alaska has. Alaska’s drinking Why? Because we had to strike a polit- believe this is the best the Congress in water has been contaminated as well. ical deal. We had to say that when it America can produce to deal with en- Why is this important? Because, for came to using ethanol—which is a be- ergy, without addressing that issue. the first time in my memory, and I nign substance, environmentally ac- There is another issue here which I have asked my legal staff to keep look- ceptable—we had to swallow hard and think goes to questions of justice and ing—I may be wrong—we have decided say to the makers of MTBE and the oil fairness, maybe even morality. I hate to put into legislation protection from producers that we are going to let to raise that question, but we hear a liability for product liability cases them off the hook. lot about morality and virtue and val- that are filed against MTBE producers. Do you know what else is in this bill? ues on the floor of the Senate. Occa- If you are an oil company that had It is not just a protection from liabil- sionally, we should apply those same MTBE blended with your gasoline and ity. Imagine this, if you will. We pro- words to the legislation we consider. it ended up contaminating drinking vided in this bill that you can continue That relates to section 1502 of this leg- water, causing a public health hazard, to sell MTBE in the United States islation. this bill, in section 1502, says, for you, until 2014. Now, here is a substance Section 1502 of this legislation has you are in luck, you get a ‘‘get out of that we know is damaging the environ- created a ‘‘get out of jail free card’’ for jail free card.’’ ment in 153,858 contaminated sites, and the producers of MTBE. What is How can we do this? How can we, in this bill gives the companies the ex- MTBE? It is a substance that has been all fairness, say the corporations and press permission to continue to sell it added to gasoline for years in America businesses that made a conscious deci- in America. It goes on to say that any to reduce the tailpipe emissions and to sion to use this additive, and because Governor or the President can stop the make your engine run more smoothly. of the use of this dangerous substance MTBE ban for any State or region, It is what is called an oxygenate. You are endangering the public health and which means 2014 is not a real deadline. probably didn’t even know it was there. lives of Americans, will somehow be Then, to add the ultimate insult, it But it is blended with gasoline for free of liability? gives to the industry $2 billion to tran- those purposes, as an oxygenate. It is a One of the first things we decided in sition away from MTBE. product of waste products of the oil- America—those who sat down and, in My mind is spinning to think that processing procedure. So it is a pretty their wisdom, created our Constitu- Congressman DELAY of Texas, who sup- cheap commodity. It has been blended, tion—was that we would do away with posedly is the author of this, was so au- for years, with gasoline in the United royalty; we weren’t going to give peo- dacious as to walk into the conference

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15243 and say: Here is the deal, my friends. choice when it came to oxygenate; it The removal of MTBE, as I said yes- This lethal chemical in gasoline can was MTBE or nothing. But listen to terday, is a growing problem. Their in- continue to be sold in this country for this: The MTBE manufacturers knew dustry spokesman said: 11 or 12 more years, and any Governor conclusively by 1984 that MTBE was a It’s more water soluble and can be trans- or President can extend the sale of that dangerous product that could contami- ported more readily in soil and water than beyond that period; any company that nate water wells throughout the other gasoline constituents. wants to stop selling it is going to get United States. They misled the Envi- I will tell you this: The largest a Federal subsidy to a total tune of $2 ronmental Protection Agency in direct MTBE manufacturer in the United billion; and, furthermore, while this responses to inquiries in 1986 when States, Lyondell, has already been MTBE additive continues to contami- they claimed they were unaware of forced to revise its product safety bul- nate water supplies and endanger pub- MTBE water contamination. letin and state, in their own industry lic health, we are going to make sure Because of this deception by the safety bulletin: that those who are injured, the inno- MTBE companies about the dangers of A relatively small amount of MTBE, less cent victims across America, cannot go their product and their efforts to dis- than 1 part per billion, can impart a dis- to court and sue under a product liabil- credit anybody who said otherwise, the pleasing taste and odor to water. ity claim. industry increased its production at The U.S. Geological Survey has de- How can we do this? How can we in the expense of the alternative oxygen- termined MTBE is the second most fre- good conscience do this? How can we ate, ethanol. quently detected pollutant in the ignore this section of the bill, this out- It should be noted, MTBE, as I said United States, second only to chlorine, rageous section of the bill? earlier, is a waste product, cheaper which is intentionally added to water, Frankly, this is good reason to say to than ethanol. Had the manufacturers to give you an idea of how pervasive our friends who have worked long and of MTBE disclosed the truth about this issue is. hard on this conference report: MTBE contamination, the ethanol in- I also stated that the defective prod- Enough; send this bill back for more dustry would have done quite well, and uct claim is the most effective to se- work. Remove this outrageous section Congress might or could have prohib- cure relief against MTBE. The industry about MTBE. Protect innocent Amer- ited this product at a very early stage. denies it. Yet what we have found is ican families and communities, and do But because of the active deception of this: We have had to, in most commu- it now. the MTBE industry, starting with their nities across America, dig up gasoline There are those who argue, frankly, knowledge in the 1980s of the danger of storage tanks because they leaked. It that there are other lawsuits that can their product, this didn’t happen. was through the Leaking Underground be filed, that you don’t have to use the I went on to say that MTBE was Storage Trust Fund—the LUST fund— product liability theory. Here is a law- found to be a probable cause of cancer. that a lot of this was paid for. We did suit that was filed in Lake Tahoe, CA, I spent a lot of my years on Capitol it because we found this leaking gaso- South Tahoe Utility District v. ARCO, Hill fighting the tobacco companies. I line was contaminating underground Atlantic Richfield Company. Here is know how they work. The MTBE gang wells and aquifers. what the jury verdict was in the case. is up to the same bag of tricks. They The point I make is this: Despite our Lyondell—the maker of the MTBE are now starting to dispute medical best efforts to dig up these under- additive—Lyondell’s MTBE was defec- evidence as to whether MTBE is dan- ground storage tanks, the problem tive in design because Lyondell failed gerous. across America has not abated. About to warn of the environmental risks. The industry, in rebuttal to my re- half of the States have reported finding They went on to say: Gasoline con- marks, said: MTBE they can still attribute to leak- taining MTBE refined by the other de- ing tanks and suspect it came from MTBE is one of the most widely studied fendants at trial was defective in de- chemicals in commerce, including pharma- other sources, even above-ground tanks sign because the environmental risks ceuticals, and that the overwhelming major- to store fuels. of MTBE outweigh the benefits and the ity of scientific evaluations to date have not The point I would like to make is refiners failed to warn of its risks. identified any health-related risk to humans this, for those who are attempting to They went on to say: There is clear from the intended use of MTBE in gasoline. rebut my remarks of yesterday: The and convincing evidence that Lyondell Then they go on to cite ‘‘numerous problem with MTBE has not gone away and Shell acted with malice as they de- government’’ and ‘‘world-renowned and is not likely to go away soon. What veloped, promoted, and distributed independent health organizations’’ hav- this legislation is designed to do is to their defective MTBE products. ing found no sufficiently compelling hold those wrongdoers, those producers What this tells us is that the compa- reason to classify MTBE as carcino- of MTBE, harmless from liability in nies which were sued knew they had a genic. product liability lawsuits for selling an dangerous product, they continued to Let me tell you, the MTBE industry, inherently dangerous and defective make it, continued to sell it, and con- like the tobacco industry, when it product, a product which the industry tinued to endanger people. Not only are comes to playing games with medical has known since 1984 would contami- they clearly guilty under a product li- evidence, is plain wrong. The Univer- nate water supplies and endanger pub- ability standard, they are guilty, I sity of California at Davis concluded lic health. think, in the worst scenario. As I recall that MTBE is a known animal car- This, in my mind, is the ultimate in from law school, it is whether they cinogen. irresponsibility. Frankly, I would like knew or should have known. This is not In addition, the director of the Gen- to say to my friends in the farm com- a ‘‘should have known’’ situation. The eral Accounting Office’s Office of Nat- munity who have said to me, You have wrongdoers with MTBE actually were ural Resources and Environment testi- to look the other way; we have to allow found, in this case, to have known it fied before Congress in May 2002 and ethanol to expand even if it means en- was a dangerous product. stated: dangering the lives of people from con- Yesterday, I came to the floor and taminated water in public water sup- An interagency assessment of potential talked about this MTBE issue. I no health risks associated with fuel additives to plies—I would like to say to them, re- sooner left the floor than the oil indus- gasoline, primarily MTBE, concluded that member what you said yourself. try decided to put out a rebuttal to the while available data did not fully determine The president of the Illinois Farm remarks I had made on the floor. It is risk, MTBE should be regarded as a potential Bureau, Ron Warfield, a good friend of a lengthy rebuttal, but I would like to carcinogenic risk to humans. . . . A primary mine, called and spoke to me about address the elements in it. rule in epidemiology is ‘‘Absence of evidence this issue. He has testified before Con- Frankly, they were plain wrong and of risk is not evidence of absence of risk.’’ gress, and he said: the record should be set straight. I The data has been coming in leading We recognize the urgency of ending MTBE stated in my floor statement yesterday community after community, jury use to protect drinking water supplies. and I repeat again today, there were al- after jury, to conclude that this dan- Mr. Warfield went on to state: ternatives to MTBEs in the 1990s. Some gerous product might or could have en- MTBE has adverse human health and envi- would have you believe we had no dangered the health of Americans. ronmental impacts.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15244 CONGRESSIONAL RECORD — SENATE November 20, 2003 He went on to state: will not be held accountable for their nation cannot walk away from our re- The farm bureau’s belief— wrongdoing? Is it not a premise of law sponsibility. We have to acknowledge This is the Illinois Farm Bureau— and the rule of law in America that that this bill, so long as it contains that any legislation that addresses MTBE each and every individual and business this provision, needs to be defeated. must be national in scope. Allowing States will be held accountable for their This bill must be stopped in its tracks. that have different programs will not allow wrongdoing? Why, then, do we cut this We must say to those who spent so us to achieve our national energy goals. wide swath and say that these con- much time on it, they need to go back This bill goes directly against the Il- taminants, the companies that made and tell Congressman DELAY, the oil linois Farm Bureau’s position. This bill them, and the lawsuits that might companies, and those who are pushing says, when it comes to MTBE we are come from them, should somehow be for this provision, that this is patently going to allow them to escape liability. changed by this law? That is fun- unacceptable and it is, frankly, unprec- We, who have said for years that MTBE damentally unfair. Why would we do edented in American law that we would was a dangerous contaminant, cannot that at the same time that we offer $2 exempt one company from its own forget our own word. billion in taxpayer money to these wrongdoing. But that is exactly what My colleague in the Senate, Senator companies as they phase out the use we are doing. FITZGERALD, I believe in 2002, intro- and production of that product? Once we have removed this offensive duced legislation to ban the use of I can think of plenty of businesses in provision, we need to sit down and MTBE and to move toward the use of a my State of Illinois, or the States of write a real Energy bill, an Energy bill safer oxygenate, specifically the use of New Mexico, West Virginia, and Texas, which tries to encourage alternative ethanol. My colleagues in the House of that are struggling to survive, that fuels and renewable fuels, an Energy Representatives, Congressman SHIMKUS could use a Federal subsidy to get bill which focuses once and for all on from Illinois, and Congressman through a transition. We are not giving ‘‘conservation,’’ which seems to be a Ganske, introduced similar legislation. them a subsidy, but we are giving a blasphemous word in this administra- Senator FITZGERALD said in his press subsidy to the oil and chemical compa- tion, in this Congress, but one that release, March 6, 2000: Despite rel- nies that make MTBE a $2 billion sub- most Americans understand. We need atively limited MTBE use in Illinois, sidy. That, to me, is unconscionable, the Illinois EPA reports that at least an Energy bill that deals with fuel effi- unreasonable, and indefensible. It is ciency and fuel economy. Sadly, this 25 communities across the State have good reason for us to stand and oppose detected the chemical in their water bill does not. this bill. We need an Energy bill that looks to supply, and three towns have had to When we look at the States that are reducing our dependence on imported discontinue use of wells as a result of affected by this—New Mexico, 1,126 oil in the future. Maybe we should in- MTBE contamination. contaminated sites; the State of West vite the Chinese to come over and give That is a quote from Senator FITZ- Virginia, 1,333 contaminated sites; us some guidance on how we could GERALD’s press release in March of 2000. Texas, 5,678 contaminated MTBE sites, move toward conservation and fuel He understood the seriousness of this and the list goes on and on—it says to risk. He understood the danger to Illi- economy and less dependence on for- each one of us that this crisis is not eign oil because, frankly, they under- nois and its communities. Frankly, the over. This crisis will continue. If we situation has not gotten better. It is stand it far better than we do. We need fail to hold the wrongdoers account- an Energy bill that does not have to worse. able, others will pay the price. There Taking a look at this chart, we can get passed by being larded up with a will be injured individuals and families gusher of giveaways. If one wants to see that in Illinois we have 9,546 con- who will have to bear the brunt of this talk about oil exploration, there is a taminated MTBE sites, including environmental crime. There will be cit- gusher of giveaways in this bill, give- drinking water sites. So for my col- ies, towns, villages, and States which aways to cities, towns, States, Con- leagues, Senator FITZGERALD, Con- will have to pay to put infiltration sys- gressmen, and Senators. Is that what it gressman SHIMKUS, my friends at the tems in, new water systems and clean- takes to develop an energy policy in Illinois Farm Bureau, and other farm up because of these polluters. organizations, I hope they can under- Why is it that this administration, America? I hope it does not. I am no newcomer to Capitol Hill, stand how this bill, frankly, makes a and its friends in Congress, are dedi- and I understand that sometimes one mockery of what we have said in the cated to polluter protection instead of has to keep the process moving along past. the basic principle that polluters and they have to help one State or this If we have said, under oath at times, should pay? that MTBE is dangerous to the public Polluters should pay for their own region or one industry or that indus- health, how can we in good conscience pollution. This is a classic example. try, but when it goes to this extreme, now support this bill, which includes Section 1502, which absolves in product when it goes to the extreme of absolv- section 1502, which lets the producers liability lawsuits MTBE manufacturers ing a polluting and contaminating in- of MTBE off the hook? How can we say from their responsibility and their li- dustry from their legal liability in to the communities and families of Illi- ability, I think that is classic in terms products liability lawsuits for contami- nois, or any other State affected, that of special interest legislation. nation of 153,000 sites across America, we are going to limit their opportunity As I mentioned at the outset, Sen- then it has gone entirely too far. to come to court? ator DOMENICI said there was a real I urge my colleagues to join me in Yesterday, Senator DOMENICI likened danger—and let me quote him directly: opposing the motion for cloture. If that lawsuits against MTBE producers to We know as you start reading the lan- motion is stopped, this bill is stopped. lawsuits against McDonald’s because a guage, we are duck soup. That is what When it is, it can go back to con- woman was scalded when hot coffee Senator DOMENICI said on the Senate ference. was spilled on her lap. I might say to floor. Let us hope that for the first time we the Senator, there is all the difference Well, we have read the language and, will have an open process. This whole in the world between the two of them. as we read it, we are saddened and energy policy started when Vice Presi- The lawsuit against the MTBE pro- troubled that in the Senate we would dent CHENEY created a secret task force ducers is a lawsuit based on the fact have such an egregious carve-out, such with secret meetings, producing a se- that this industry had knowledge, al- a blatant effort to reward one special cret bill, leading to the administra- most 20 years ago, that what they were interest group. I understand Congress- tion’s energy policy. It continued apace selling was environmentally dangerous. man TOM DELAY’s political strength, through the congressional process and They continued to sell it. They de- his persuasive ability, but to think returned to secrecy when two individ- ceived the Government. They secreted that he could walk into a conference uals, my friend the Senator from New information away from the public, and and force this provision into this con- Mexico and the Congressman from Lou- now they are trying to escape liability ference committee is something that I isiana, Mr. TAUZIN, sat down in a room for their fraud and trickery. do not think we should accept. without other Members and without Why should we be party to their This is what we have to face. Those anyone from the minority party and fraud? Why should we say that they of us from States with MTBE contami- wrote this bill.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15245 The reason there is such resistance is there is nothing wrong with the public or private nuisance, trespass, breach today is the fact that this was not an product. The product is being used. If it of warranty, breach of contract, or any other open process. It should have been more is used right, it is a good product. We liability other than liability based upon a open. Had it been more open, I do not are going to do better when we do eth- claim of defective product. believe anyone could, in good con- anol. Frankly, there is no defective prod- science, have proposed this MTBE ex- But the good Senator from Illinois— uct. You can go on saying where it is clusion from liability. You could not I don’t know how many times he will all over America and that is because it have brought this out in public with a come back to the floor, how many is legal to use it. But it is not legal to straight face. But in private you can, times the Senator from Illinois will re- abuse it. When people abuse it, should and that is what happened. turn to the floor to speak about MTBE. we really, as a nation, say the people Now the bill is on the floor and But his State is the second largest pro- who manufactured it are liable for all America gets a chance to read it. Hav- ducer of corn in America, and the rea- the consequences? I think not. That is ing read it, I urge those who happen to son he is down here talking about all we did in this legislation. be from the States with contamination MTBE is because he is scared of his If the distinguished Senator is so of MTBE—and I put this map up here farmers because he is not going to vote worried about this, I suggest he ought for those who are following the debate, for the thing they want more than any- to vote for this bill and take care of for my colleagues to note. If your State thing else—ethanol. That is what they the ethanol producers in his State and is in black on this map, you know you want. He has been working on it. I have other States. He may be the deciding have MTBE contamination. If it has been working on it. Everybody has vote that decides we are not going to one of those gold circles as well, it is been working on it. And this Senator have ethanol. I wouldn’t like to be in contamination of drinking water. has decided, the Senator who just that position, I tell you, not on a weak If you vote for this legislation, you spoke, from Illinois, decided he would proposition that the reason I did it was are saying to the people living in your rather defend the trial lawyers who to protect the big lawyers who want to State and your communities: We are want to go after the companies that file these lawsuits. I say to all of them: closing the opportunity for you to go produce MTBE. File your lawsuits. When this thing is and hold the people accountable who I also assure you that the language in over with, file your lawsuits. It is just have created this environmental dis- this bill does not say that anybody is that you will not be able to sue the aster in your State. immune from liability. It merely says company that made the product which I wouldn’t want to go home and try you can’t sue the producer of the prod- is legal and allowed. You can sue any- to explain that. And I am not, because, uct just because they produced the body else who caused the damage. frankly, I am going to oppose this bill product. It is like somebody who drinks some so long as it contains this provision. What is happening is it is being used soup in a restaurant and somebody in I yield the floor. improperly. When it is used improp- the restaurant, instead of putting soup The PRESIDING OFFICER (Mr. erly, it is producing all these ill effects in the bowl, they put some poison in it. CRAPO). The Senator from New Mexico. across the country. You drank it and got sick. Mr. DOMENICI. Under the order, the Does that mean we sue the people Do you sue Campbell’s Soup Com- distinguished Senator from Texas is who produced it? I repeat, it is a legal pany for producing the soup or do you next; is that correct? product that has been approved by the go look for the people who put the poi- The PRESIDING OFFICER. There is Environmental Protection Agency. The son in it? no order. United States of America approved it The truth is, maybe we would all like Mr. DOMENICI. She has been wait- and now it is being used but people to see MTBE go away. But that is not ing. I assume she asks she be next. Will don’t use it right. Underground tanks the issue. The issue is whether or not the Senator let me use 5 minutes be- leak and it leaks into the water sys- we should deny the passage of an En- fore she proceeds? tem. Does that mean the company 2,000 ergy bill and ethanol for the farmers of Mrs. HUTCHISON. Certainly. miles away that manufactured the this country, a great, giant substitute Mr. DOMENICI. Mr. President, I product should be responsible to clean for the crude oil that we are going to want to take 5 minutes on the issue my up those water systems? Of course not. use; whether we are going to do that or good friend from Illinois raised here But I guarantee they are chomping not. today. Has anybody thought how in the at the bit to do it—do what? Not to sue If we are not, we surely ought not do world there would be MTBE being used the people whose tanks leaked because it based upon the excuse that a valid in all these different parts of the they are not fat enough. They are product licensed by the United States United States even today, even today? chomping to sue the big oil company improperly used is causing damage to Has anybody wondered why it is still that manufactured it for the last 20 people and we don’t want to let them being used? Because it is still valid ac- years. sue the people who produced the prod- cording to the laws of our land, and it Now I want to read the statute. The uct but let them sue anybody else—the is approved by the Environmental Pro- statute says: No product shall be leaking tank owner, the distributor tection Agency. This MTBE product deemed defective— who distributed it wrongly, or anybody was produced because the U.S. Govern- else who caused this—just because you if it does not violate a control or prohibition ment sought an additive to be applied imposed by the Administrator of the Envi- made a legal product and somebody got to gasoline so it would be cleaner than ronmental Protection Agency (hereinafter hurt later on down the line, go back gasoline without it. referred to as the ‘‘Administrator’’) under and sue the company that made it le- I want to assure everybody in this section 211 of such Act, and the manufac- gally, validly, under what one might country. The Senator makes it sound turer is in compliance with all requests for say is almost a license from the Fed- as if the product is an illegal product. information under subsection (b) of such sec- eral Government. If he doesn’t, then I would sure say, if tion 211 of such Act. . . . If the safe harbor I thank the Senator from Texas for per se this product is this dangerous, it provided by this section does not apply, the yielding. I yield the floor. existence of a claim of defective product ought to be banned. But isn’t it inter- shall be determined under otherwise applica- The PRESIDING OFFICER. The Sen- esting? ble law. Nothing in this subsection shall be ator from Texas. He could say it should be, but the construed to affect the liability of any per- Mrs. HUTCHISON. Mr. President, I truth is, it is not. It has not been, and son for environmental remediation costs— thank the Senator from New Mexico there has only been a little ripple of Clean up the water, sewer systems for shepherding this very important talking around here about perhaps and water systems. and very complicated bill to the floor. shutting it down. It says: I have to say I have been in the Sen- Why has there been none? Why is the ate for 10 years, and I have tried to get Nothing in this subsection shall be con- Environmental Protection Agency, not strued to affect the liability of any person an Energy bill through the Senate dur- just this one, the one in the Clinton for environmental remediation costs, drink- ing all of that time. We have never and the one before that—why did they ing water contamination, negligence for been able to do that until the Senator not do something about it? The reason spills or other reasonably foreseeable events, from New Mexico became chairman of

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15246 CONGRESSIONAL RECORD — SENATE November 20, 2003 the committee. What he has produced generate electricity. These turbines penses that are incurred, and in any is a balanced bill. There are many can be seen on hilltops where there is other business they are able to be writ- things in it that I don’t like. There are strong wind and not too much turbu- ten off. They would be able to in this many things in it that I am sure every lence. bill as well. one of us in this Chamber would do a These are becoming increasingly a It encourages deep drilling in the little differently. But we are a legisla- common sight in my home State of Gulf of Mexico, which is quite expen- tive body, and people have the right to Texas, one of the Nation’s leaders in sive. We have had incentives over the have differing views and come together wind energy production. last few years for this deep drilling. It in compromises. All of these sources are clean, nat- has become the largest source of oil When we are making the decisions ural, and renewable, and they can play and gas we have in our country except about how we are going to vote on leg- a greater role in our Nation’s energy for Alaska. Of course, we are not able islation, we have to determine if the policy. This legislation provides incen- to drill in ANWR. So this is a very sig- good outweighs the bad and if the bad tives for nuclear power. This has been nificant resource for us, the Gulf of is going to be unchangeable or more overlooked in recent decades. Mexico. harmful than we should allow. I think Since 1978, no new nuclear plants All of these are provisions I put in the good definitely outweighs the bad have been built in our country. Fear of the bill because I believe that keeping in this bill. accident and extraordinary insurance the small businesses in business is a I was going to talk about the MTBE costs have made nuclear energy a cost- very important part of energy self-suf- issue. I couldn’t talk about it any bet- ly venture. While European nations ficiency in our country and creating ter than the Senator from New Mexico. have safely developed sophisticated nu- jobs. People forget that MTBE was a man- clear capability, the United States has There is a national security issue. date from the Federal Government. It let development of this important When 60 percent of our oil is im- came as a result of a mandate to source lag. By encouraging the devel- ported—and we know how volatile the produce oxygenated gasoline to try to opment of nuclear energy, we will give largest sources of those imports are in reduce smog in our country and reduce American companies a kick start that the Middle East—we know our country pollution. The manufacturers came for- will create the high-paying technology is going to be in a very bad fix if we ward with MTBE. It is a perfectly safe and construction jobs and provide prob- lose those resources because of vola- product if used properly. In fact, it did ably the biggest source of clean energy tility or the war on terrorism. Our have the intended consequences of re- to meet our high demand. economy will be affected adversely. ducing pollution. One of the parts of the bill that I That will affect our jobs. It will affect The reason it is going to be phased wrote is tax credits for marginal wells. our factories. It will affect our small out is that it has been misused, it has Marginal wells are the 10-barrel-a-day business costs if we don’t have our own leaked into water supplies, all of which wells, or less. When there are wells sources of energy. That is why the Sen- is very bad. But I don’t think making that produce a million barrels, thou- ator from New Mexico and the people the manufacturers of a product that sands of barrels, a 10-barrel-a-day well on the committee who worked to forge was produced at the insistence and is a small well. It takes a lot of capital this bill were addressing our national mandate of the Federal Government is to go out and drill a well. If a producer security interests as much as those good public policy. I think the MTBE believes it is going to be a very small who work on the defense issues. issue has been used as a stalking horse well, that producer is going to be less If we are energy self-sufficient, that for people who do not like other parts likely to incur the costs of drilling. means our economy will not be in up- of the bill. But in fact, these little bitty wells, if heaval if we have a huge loss in the In fact, I think this is a good Energy they are going at full capacity in our ability to import foreign oil, and there- bill. We must have an energy policy country, and if we encourage them, can fore the price goes up and it becomes that addresses the issue of self-suffi- bring up the same amount of oil and prohibitively expensive. We need to ciency for our country. gas as we import from Saudi Arabia have our own sources of energy. We Between 1950 and 2000—50 years— every day. These little wells can be need to be dependent on ourselves. We overall energy consumption in the drilled by small business people. They need to keep the jobs for energy in our United States increased three-fold. We can create jobs in the oil fields, and own country. That is why this bill is a currently account for 24 percent of con- they can become a significant source of good bill. It is not a perfect bill. No one sumption worldwide. Yet, while de- oil and gas for our country. said it is. I would not have written it mand has drastically increased, domes- We have tax credits for these small this exact way, but it is a good bill. It tic exploration and the development of wells if the price goes below $18 a bar- will make us more energy self-suffi- renewable sources have not kept pace. rel. These people will go out of business cient, which also means we will be What we are doing today and tomorrow at $18 a barrel. They cannot make it. more secure in our country, more se- and as long as it takes to pass this bill, They can’t break even. They will have cure in our economy, and we will keep I hope, is promoting conservation, pro- to close the well, which is also expen- the jobs coming which are so impor- moting increased efficiency, promoting sive, and let their people go. So you tant to keeping our economy strong reduced consumption, and promoting have a loss of jobs. With a credit for and to have the recovery we have all increased production from traditional marginal wells, when the price goes been looking for to occur in the next sources. Some forms of energy are lim- below $18 a barrel, you can encourage year. ited. They will exhaust themselves these people to go ahead and drill the I support this bill. I hope people will over time. But others are replaceable. well, put people to work and keep pro- look at the big picture. I hope people In this bill, we encourage the replace- ducing oil and gas for our country. will look at the rhetoric on MTBE and able sources. Geothermal technology Hopefully, the price goes back up—and, overlook some of the things they do offers a clean, sustainable energy cre- of course, the price is up right now. So not like in the bill by looking at the ated by the harnessing the Earth’s it wouldn’t even take effect right now. good things that will increase produc- heat. Geothermal resources can be But it gives that floor so that the little tion, increase the renewable energy found in shallow ground or in hot water guys will take the chance to go ahead sources, increase the clean energy, and and rock miles below the Earth’s sur- and drill that well. decrease our consumption all at the face. Hydropower, currently the largest This provision was modeled after a same time so we will have a better en- source of renewable power in the Texas law that has also been quite suc- ergy policy for our country. United States, yields electricity from cessful in waiving certain State taxes We have been working on this for flowing water. Solar energy harnesses for the little guy to keep those wells over 10 years. The time has come. We sunlight to generate electricity, pro- going. will be able to fix things that do not vide hot water to heat and cool, and The other thing it does is allow ex- work. We always do that with major light buildings. Wind energy is created pensing for delayed rental costs, and G legislation that is passed. The time has by 16-ton turbine engines capturing the and G—which is the geological and geo- come. We have the capability to act wind with two or three giant blades to thermal exploration. These are ex- now. I hope we will not lose it.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15247 I yield the floor. Furthermore, this bill is replete with These miners, who live in every State, The PRESIDING OFFICER (Ms. MUR- unrealistic new authorizations that go are in danger of having their health KOWSKI). The Senator from West Vir- far beyond the reality of our limited care benefits cut due to a financial ginia. and shrinking budgetary resources. emergency in the fund, created by law, Mr. BYRD. Madam President, we Passage of this bill is far from a to pay those benefits. These are elderly have before the Senate the long-await- guarantee that the money will flow. men and women—women for the most ed Energy bill. For the more than 3 How many authorization bills have part. Most of these are elderly widows years of its making, we have been led been passed during the tenure of the who are truly among America’s most to believe this was to be the piece of Bush administration pledging huge vulnerable citizens. Yet among all the legislation that would go a long way sums of moneys that never came into billions of dollars to help oodles of spe- toward solving our Nation’s energy being? How easy it is to vote to author- cial, corporate interests in this bill, I problems. But instead of providing for ize funding, to make a splash in the find not a penny—not one penny—to our Nation’s energy security and sta- headlines, and raise hopes about the help these elderly Americans, most of bility, this bill does little more than funds that will flow from Washington, whom, as I say, are widows. codify back-room bargaining, under- but when it comes to actually putting For the past 2 years, as the ranking write the administration’s corporate money in the budget and supporting member of the Appropriations Com- contributions, and further deepen our the promised funding levels in the ap- mittee, as the Senator who has been on deficit ditch. propriations bills, this administration that Appropriations Committee longer This bill is a monstrosity of gifts for jumps ship again and again and again. than any other Senator in history, I special interests. Its passage will mean One need only look at the No Child have come to the aid by providing re- another lost opportunity to shore up Left Behind program to see how this lief to that fund through several appro- our Nation’s energy security, provide game of bait and switch is practiced priations transfers of funds. for future economic growth, and pro- and played. The Appropriations Committee was tect consumer interests. What complicates the matter further The White House and Republican ad- not the committee of jurisdiction. is the number of new programs that vocates may argue that this bill is na- Other committees in the Senate are have been created in this bill. In a per- tional, comprehensive, and strategic. It the committees of jurisdiction, not the fect world I would like nothing better is not. Advocates argue that this is a Appropriations Committee. But I have premier jobs bill and that hundreds of than to be able to support a plethora of come to the aid, with the support of thousands of new jobs will be magically energy programs that truly advance my friends on both sides of the aisle in created because of the Pixie dust that our neighbor’s ability to produce and that committee, and especially I re- is sprinkled throughout the bill. But use energy more cleanly and effi- member the support that was rendered these are empty assertions. This En- ciently. But realistically, this legisla- on my behalf and on behalf of the coal ergy bill will be neither an economic tion only creates more programs that miners and retired miners by Senator shot in the arm nor a jobs booster. will have to compete for the same pot TED STEVENS, my Republican friend. The White House and its secretive en- of money, and that pot of money is These were transfers that did not ergy task force have done their utmost ever dwindling. Instead of focusing on cost any State any money to clean up to dictate the terms of energy legisla- our Nation’s highest energy priority its abandoned mine lands. Yet these re- tion for more than 3 years now. This needs, longstanding programs—pro- tirees and their dependents, most of energy conference bill is that dismal grams that are working—could well be them probably in very ill health and result. The Republican energy bill ne- severely fractured and diluted for years frail health—I believe the average age gotiators took a page out of the Vice to come. That is not progress. In the of these retirees is in the high seven- President’s playbook by not under- end, this bill will just be another ties, probably near eighty—are being taking their deliberations in an open, empty soapbox for the President to held hostage in some cold-hearted transparent, and bipartisan manner. stand upon even though the necessary game of chicken. There was a chance in When well-placed corporate heads have resources to carry out our energy pro- this bill to help them. There was a a greater voice at the conference table grams will never materialize. chance to provide a fix for the program than the minority Members of Con- I certainly recognize that there are that Congress designed to fulfill our gress, then we have truly sold our Na- several important and useful provisions promise to them, but the conferees tion’s energy policy to the highest bid- that have been included in this legisla- failed to make that fix. The effort was der. This conference was a shameful ex- tion, including a number of specific killed by too many greedy hands grab- ample of how the big moneyed inter- clean coal programs which I have sup- bing for their own piece of the pie. ests who are bosom pals of this admin- ported. These and several other provi- I hope the Senate and House commit- istration, continue to elbow out the sions have had bipartisan support in tees of jurisdiction—not the Appropria- best interests of the American people. the Senate in both the 107th and 108th tions Committee; the Appropriations The American people should also Congresses. Yet, in the aggregate, this Committee has helped time and know that the White House and Repub- bill will not help us to achieve our en- again—I will act next year to ensure lican proponents who have so often ergy, economic, and environmental that our Government keeps its promise avowed the free market system and fis- goals and, in many cases, will create to these retired miners. Certainly, cal responsibility are essentially ignor- even bigger problems down the road. compassion for the old and the sick ing those policies in this bill today. I have long advocated developing a should prevail over greed. During the deliberations on energy leg- complimentary approach toward our It pains me to conclude that this en- islation, the White House raised con- energy and environmental policies. Yet ergy conference report, in its totality cerns about unrealistic authorizations I have serious concerns about this bill’s does not fully integrate four funda- and indicated its support for only $8 liability waivers, exemptions, and al- mental principles of good energy pol- billion in tax incentives. But now the terations to longstanding environ- icy; namely, energy security, fiscal Bush administration wholeheartedly mental laws, and limited consumer soundness, consumer protection, and welcomes and strongly supports this protection provisions. Furthermore, environmental balance. bill regardless of its budgetary impact. like several major tax cut bills and the Despite its rhetoric, this White The Congressional Budget Office esti- homeland security legislation, special House’s lip service and corporate cod- mates that the deficit will be deepened deals have been stuffed into the nooks dling have been the sum total of this to the tune of $25.7 billion because of and crannies of this bill. Yet some of White House’s energy policy. It began mandatory spending and unbalanced the matters that rightfully should have with the Vice President’s National En- tax incentives. This Energy bill, like so been dealt with in this legislation are ergy Policy plan and concluded with many bills that Congress has passed, is glaringly absent. the exclusion of Democrats from the another empty promise. The White I speak, for example, of the coal min- energy conference. House’s only major goal is to tick off a ers Combined Benefit Fund. Nearly As the Sun begins to shine on this le- campaign pledge, regardless of its con- 50,000 retired coal miners and their de- viathan, I hope that Americans will un- tents or lack thereof. pendents are facing an imminent crisis. derstand that this Energy bill will do

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15248 CONGRESSIONAL RECORD — SENATE November 20, 2003 little to resolve our energy problems, some of the drilling at ANWR, and cer- discharge permits. Congress provided and if it passes, it could very well turn tainly we need to be doing that. But this exemption years ago, and a mis- out to be a Pandora’s Box. just look at some of the opportunities interpretation of the exemption had Madam President, this legislation that are in the bill. threatened to stop a lot of the small, comes to us at the end of a session, and This bill has an incentive to get back local production. This clarifies that the Republican majority is attempting into marginal well production, and and will get us back into producing. to serve up this elaborate and expen- that could open up a huge domestic This provides a 5 billion gallon eth- sive dessert. But these are just empty supply of oil and lessen our reliance anol requirement for motor fuel. If calories—a delicious photo opportunity upon foreign countries. That reminds anyone ever says there is is not enough for the President, rich filling for indus- me of something I often say: Our reli- renewable energy in this bill, they have try lobbyists, but, in the end, only ance upon foreign countries for our oil not really read this title of the bill. I empty calories and heartburn for the supply is not an energy issue. It is a started working on this issue over 5 American taxpayers. Sadly, when all is national security issue. years ago, and I am glad to see that a said and done, the American people I remember back many years ago, compromise was developed to increase will continue to stand in the bread during the Reagan administration, the amount of renewables while ensur- line, hungry for a comprehensive na- when Don Hodel was Secretary of En- ing that our Nation’s refineries are not tional energy strategy. ergy and later Secretary of the Inte- adversely affected. Madam President, I yield the floor rior. He and I had a little dog and pony In my committee, we had the renewal and I suggest the absence of a quorum. show. We would go around the country of the Price-Anderson bill. We passed The PRESIDING OFFICER. The and talk to them about how the out- it. It is now a part of this bill. So a lot clerk will call the roll. come of every conflict, every war back of the things that would otherwise The legislative clerk proceeded to to and including the First World War have been on individual bills or have call the roll. was dependent on who was in control of been on a comprehensive bill from my Mr. INHOFE. Madam President, I ask the energy supply. We talked about the committee are in this bill. unanimous consent that the order for Malay Peninsula. We talked about the It is necessary to have reauthoriza- the quorum call be rescinded. submarines coming into the Caribbean tion of Price-Anderson in order to pro- The PRESIDING OFFICER. Without to knock down the ships so we could vide the protections so we can go after objection, it is so ordered. not get to our refineries. the other sources of oil such as nuclear Mr. INHOFE. Madam President, I This is something I thought surely sources. This establishes a nuclear se- have listened very carefully to the dis- people would understand. They didn’t curity program. I think we all, after 9/ tinguished Senator from West Virginia understand it. By the way, the fact 11, recognize that. and his characterization of this legisla- that we are looking at an energy policy In the committee I chair, we had all tion. I have to come to a different con- today, this should not really be a par- the security bills. We had a wastewater clusion because I believe this legisla- tisan issue. I kind of laugh when I hear security bill. We had a nuclear security tion before us today is a first giant some of my colleagues on the other bill. We had a chemical security bill. step. We have been talking about this side of the aisle saying we don’t need They are all there for the purpose of now for not months but years. I can an energy policy. I tried to get Ronald protecting those vital elements of our tell you right now that the problem we Reagan to have an energy policy. He economy from a potential terrorist at- are having with energy in America is a didn’t do it. I tried with the first Presi- tack. We went ahead and put the nu- very serious problem. dent Bush. I said: Let’s get an energy clear security bill in this. If we don’t I am from a State that is a produc- policy. Let’s have, as a cornerstone of pass this, it is going to certainly tion State. We have produced shallow that policy, a maximum amount that heighten the risk that is out there on and marginal wells for a long period of we are willing to depend on foreign something happening to a nuclear time. Sometimes people don’t realize countries for our ability to fight a war. plant. So after a lot of effort, we fi- nally have that in here. how significant this source of energy He didn’t do it. We didn’t do it during This bill provides $300 million for the is. Statistically this is true: If we had the Clinton administration. But this EPA’s clean schoolbus program, an- all of the marginal wells that have President is. I talked to this President when he other one that came out of my com- been plugged in the last year flowing was running for office. I said: Will you mittee. today, it would equal more than we are commit to an energy policy so we can I am saying there is a lot more to currently importing from Saudi Ara- lessen our dependence on foreign coun- this bill. It doesn’t go far enough. I bia. That is a huge amount. tries for our ability to fight a war? can’t look at the lovely acting Presi- I started out, before most of the peo- Back when Don Hodel and I were going dent in the chair without thinking ple in this Chamber were born, in the around, we were 38-percent dependent about ANWR and about going up there. industry, in the oil business. I was a upon foreign countries. Now it is ap- I just wish people who are so concerned tool dresser on a cable tool rig. That is proaching 60 percent. So it is very seri- about disrupting the environment or the way we used to go after oil, par- ous. something up there in those slopes ticularly shallow oil, where you would Why is it people wouldn’t realize that would go up and look at it. It is not a have to take a bit out. You would stand after the Persian Gulf War in 1991, why pristine wilderness. It is a mud flat. All with it, white hot, and sledgehammers wouldn’t it be indelibly imprinted upon the local people want it. on both sides, sharpen it, and then go the hearts of every American that we Here we are down here—we are a lot back and pound. We pulled a lot of oil could no longer be dependent upon the smarter here in Washington—saying out of the ground at that time. Middle East for our ability to fight a no, in spite of the fact it would allevi- If you think about the economy that war? Yet it didn’t seem to help. We ate some of our reliance upon foreign resulted from all that production, picked up a few extra votes but not countries for our ability to fight a war. there were good jobs. In the Osage area enough to get a real policy. We are smarter than they are up in of my State of Oklahoma, northeastern I chair the Environment and Public Alaska. We know what is good for them Oklahoma, we had a lot of shallow Works Committee. There are a lot of in spite of what they want. wells. I can remember going in to issues that are within the jurisdiction I am very proud of both Senators Pawhuska, OK, at noontime to eat of my committee that are very signifi- from the State of Alaska for under- lunch. You would have to wait in line cant and that are in this bill. One is, it standing this, for explaining it. I feel 15 minutes to pay your bill. It was be- allows hydraulic fracturing to be used sorry for them that we have such arro- cause this industry was so viable. by not just Oklahoma but by all gance in this body that we feel we Today it is almost a ghost town. States. This is a way of extracting oil know more about their business than With the passage of this bill, there out of tight formations. It is something they do. are incentives in here. Nobody talks we need to be addressing. It is ad- Our Nation is at the point where ac- about them. There are some things I dressed in this bill. cess is prohibited to almost every wish were in this bill. No one is more This clarifies the exemption for oil major reserve of oil and gas on our Na- familiar with the necessity to get into and gas production from storm water tion’s shores. Furthermore, extremist

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15249 environmentalists have declared war spent to subsidize the companies that physical expenditures; $500 million for on oil and gas wells in the interior of are producing the MTBE. That just a new loan program for the oil and gas our Nation. adds insult to injury. The list of issues industry to demonstrate and encourage I have had occasion, as I am sure the involving MTBE goes on and on, and new technology. The program leaves it manager of this bill, Senator DOMENICI, they have been explored at consider- to the discretion of the Secretary and has had numerous occasions to debate able length on the floor. the loan recipients to establish interest people on the other side. We know we I want to return to another element rates and loan repayment schedules. have a crisis in energy in this country. of this bill that concerns me, and that You have to admit, that is creative. Yet there are those on the other side is the fact that it is extremely prof- The last time I went into a bank, I, as who say: We don’t want nuclear en- ligate in its use of Federal tax dollars the borrower, did not get to pick my ergy. We don’t want fossil fuels. We and especially the manner in which loan payment rate and my repayment don’t want oil. We don’t want coal. those tax dollars are used. schedule. These are very creative peo- Now they don’t even want windmills It would be appropriate to have an ple who sat around this table taking because they will disturb some migra- energy policy in this country. That is care of your tax dollars. tory bird path. absolutely necessary, in fact. If we are There is $2 billion in taxpayers’ We have to have it. Look at the going to have an energy policy, it money to be used for cleaning up gaso- flight of industry and business that is ought to be based on three basic pur- line and chemical spills from leaking going overseas. Right now we have poses: One, it should be based on reduc- underground storage tanks, a worthy chemical companies that fear they are ing consumption through, hopefully, goal, until one learns this fund will going to end up not being able to use conservation; two, it should be based even fund cases where the polluter can coal as a source of energy, one that we on producing renewables that can be be identified, letting the polluting indi- are depending upon for more than 50 used over and over and, therefore, re- vidual or company off the hook and percent of our energy in America duce our reliance on international oil; putting the hook into the American today. They have gone over into other and, three, it should be based on the taxpayer. countries such as western Europe need to create more production of re- There is $2.9 billion in corporate wel- where they have nuclear energy, where sources that can be used for energy. fare for some of the wealthiest corpora- some of the countries, 80 percent of All of those elements should have tions in the fossil fuel industry; $800 their energy comes from nuclear some sort of marketplace relevance. In million for a loan to build a coal gasifi- sources. other words, you can’t suddenly go out cation plant in Minnesota; $1.1 billion This bill is a modest start. But if we and pervert the marketplace by essen- for the first-ever production tax credit don’t do this, after being rejected since tially saying you are going to pick a for coal. 1980 and before having an energy policy winner and that winner, even though it The bill expands the solar energy and in America, this crisis we are facing may not be commercially viable and geothermal investment tax credit to right now is going to be even more seri- even though it may not be even envi- include clean coal investment. That is ous. It is a modest beginning and one ronmentally viable, will be given a dra- a unique view of renewables. That is on which certainly, at the very least— matic increase in support from the creative use of the term ‘‘renew- I say this to the Republicans—we Federal Government simply because it ables’’—to throw solar and geothermal should at least have a chance proce- happens to be the item of the day for in with clean coal; $1.5 billion for loan durally to have an up-or-down vote. those folks who happen to be writing guarantees for coal plants, more than Let’s remember what we went this bill. $1.4 billion over the next 5 years. through last week for some 39 hours. Unfortunately, that is the way this The bill establishes a federally fund- The big debate there was, let’s just get bill is put together. It is a hodgepodge ed research and development program to the point where we can have an up- of little interests—some of them rather to ensure coal remains a cost-competi- or-down vote. That is all we want on large interests, some of them ex- tive source of electrical generation as a this, an up-or-down vote. I would hope tremely large interests—that were able chemical feedstock and for transpor- that some of those individuals who to get to the table and get their inter- tation fuels. This is a classic example may not be in support of this legisla- ests taken care of but not in an orderly of trying to control the marketplace tion will at least vote to allow us to way, not in a way that had an over- arbitrarily with tax dollars. have that up-or-down vote. arching theme, such as creating con- Basically, what we are saying is even I suggest the absence of a quorum. servation, creating renewables, and if it doesn’t work competitively, we are The PRESIDING OFFICER. The creating production but, rather, in a going to subsidize it, and we are going clerk will call the roll. manner that says we are going to pick to force it to work in the marketplace The legislative clerk proceeded to winners and losers; certain segments to the tune of these billions and bil- call the roll. are going to be the winners, and cer- lions of dollars. That list goes on. Mr. GREGG. Madam President, I ask tain segments are going to be the los- One of the most interesting ones is unanimous consent that the order for ers; certain regions are going to be what they did with the abandoned the quorum call be rescinded. winners to the detriment of other re- mines land fund. This fund collects fees The PRESIDING OFFICER. Without gions; and essentially we are going to on all coal mines in the United States objection, it is so ordered. try to logroll this bill through the Sen- to clean up the dangerous mines aban- Mr. GREGG. Madam President, I ate even though on its face it has no doned before 1977. That is an extremely wish to continue what I think has been relationship to national energy policy. worthy goal. Obviously, we don’t want a fairly lively and informative discus- The list is quite long of items which the mines out there, and the damage sion on the Energy bill which is before you have to say, if you are going to try they do to the environment is signifi- us. A lot of the time has been focused, to be kind, are arbitrary—arbitrary at cant. of course, on the language which ex- best—but they invade the taxpayers’ Over $6 billion is needed to mitigate empts the manufacturers of MTBEs wallet. the environmental damage from these from liability and which does it in a Let me read a few of them: $2 billion abandoned mines, but there is only $1 retroactive way which is extremely for companies in Texas and Louisiana billion in the fund today. This proposal penal to those States that decided to to compensate for their phaseout of the would reauthorize the fund for another use their rights to try to protect the gasoline additive MTBE. I find that to 15 years, reduce the fee to mining com- ground water of the populace by bring- be one of the most outrageous since panies by 20 percent, and transfer $275 ing lawsuits and, as a result, will now those companies are also, at the same million from the fund to address the be barred from those lawsuits, not only time, demanding they be held basically deficit in the United Mine Workers prospectively but actually ex post free of any liability for having pro- Combined Benefit Fund and direct 10 facto. duced MTBE which is such a huge det- percent of the Federal mineral leasing That seems to be an outrage in and of riment to the country—$2 billion in tax moneys to address the money owed itself, of course, coupled with the fact deductions for oil and gas companies from the AMI fund to Wyoming and an additional $2 billion is going to be for purposes of geological and geo- Montana.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15250 CONGRESSIONAL RECORD — SENATE November 20, 2003 Over the next 3 years, the proposal 5 billion per year, costing the Amer- of the product and the manufacturers would cost approximately $1.4 billion, ican taxpayer, because ethanol is not of the product, we have totally per- but the mines would not get cleaned up an efficient way to produce energy, an verted the marketplace. because the money would have been si- extra $6 billion. That means that $6 bil- We have essentially picked a winner, phoned off for these special projects. lion comes from taxpayers across the ethanol, and we have said that winner That is what is called special interest country in the form of higher prices to is going to get so heavily subsidized, governance. Two billion dollars in the pay for an ethanol product which was and then require that the product be provision could defray some of the already subsidized under the farm bill used, plus used in a way that is ex- costs incurred by utility companies in to the tune of $26 billion. Then on top tremely detrimental to an area such as installing pollution control equipment of that, we have to pay to create two New England because in New England in old coal-burning plants to comply new research programs in this bill for ethanol cannot be shipped in. It does with the clean air bill. That sounds ethanol. not transport through pipelines be- reasonable except for the fact we have One would think, after we had put $26 cause it is too corrosive in the pipe- to realize that these plants have been billion in the farm bill and $6 billion lines. It does not transport by truck or exempt from the Clean Air Act now for out of the taxpayers’ pockets through train because it is too explosive. So it over a decade and they were given the the direct subsidy of the gasoline, they has to be put on a ship in the gulf and exemption so they could work their would have at least had the courtesy to taken around the Gulf of Mexico and way into being clean. pay for their own research. That is brought up the coast into the ports in Other plants have come online, with what most market-oriented products the Northeast. So on top of all of the the consumer paying the costs of hav- do; they go out and they research and other subsidy that is in this product, ing those plants be clean-air-producing determine whether they can produce we pay a much higher price for this product which we are forced to buy plants. So consumers are paying for the product. And they do not charge under this bill. It is truly not energy new plants but now they are going to that research to the Federal Govern- policy. It is simply an initiative to get to pay twice—not the local con- ment. They charge it to their end prod- take care of an interest group that sumers but the region of the whole uct users, which is us again and we may be very legitimate and they are have to pay for it. But, no, that is not country is going to get to pay twice for very nice people, and they certainly the old plants that do not meet the re- the case. We have to pay $12 million in have good representatives in the Sen- sponsibility and have refused to up- this bill to create two new research ini- ate and in the Congress generally, but grade their responsibility. Picking win- tiatives. they cannot defend this product as Then, on top of the $5.9 billion in sub- ners and losers again in the market- being a competitive product in the place in a way that is extremely arbi- sidies, and the $26 billion in farm sub- arena of what we should be looking at trary and simply reflects the fact that sidies, we also have to give $750 million for various options for fuel with this certain interests were at the table that to the ethanol producers for the cost of type of subsidy level. There are no had the ear of the people who were ef- building their production facilities. market forces at all involved in this fective in developing the bill. This is the most incredible program. product. It is totally a subsidized Ethanol is a program that has taken First, we underwrite the raw material event, subsidized by all the taxpayers on a life of its own. Regrettably, that with tax dollars, probably to a point in the United States for the benefit of life is paid for by the whole country, where we actually see the net income the few who produce the product. especially by parts of the country of the people who are actually pro- Truly, it is a classic example of how which see no significant benefit from ducing the raw materials. That other- not to do an Energy bill because it to- this product, at an extraordinarily wise would be described as a national tally takes the market out of the exer- high cost. socialist approach to an economy, cer- cise. Since 1978, the U.S. Government has tainly not a market economy. Then we Then you get into the special inter- granted a multitude of tax incentives have to get people to pay to subsidize est projects in this bill. We have heard and subsidies to promote the growth of the purchase of the product to the tune a little discussion of those. We have the domestic ethanol industry. The in- of $6 billion, and then we have to pay these green bond proposals. I think the dustry and its supporters, including $750 million to build the facilities to Senator from Arizona pointed out that suppliers of ethanol—the primary produce the product. The list just goes one of them would build a Hooters res- input, corn—maintain that ethanol is on and on. taurant somewhere in Louisiana. That an effective and environmentally sound On top of all of this, there is another is paid for in this bill with taxpayers’ way to substitute for gasoline. How- $2 billion of tax credit which goes to money. You have $1 billion for coastal ever, the huge subsidies given out year the producers of this product in this impact, almost all of which flows to after year have benefited few besides bill. They were not happy with the fact Louisiana. That is basically a special the corn growers and the ethanol pro- that the small producers were going to interest initiative. You have a hydro- ducers, which are often very large com- get this tax credit so they had to ex- gen research project for a Freedom Car, panies. pand it, so they picked up a whole which is $2.1 billion. The President Despite the claims, ethanol has nei- group of new producers which are much asked for $1.2 billion, but the lobbyists ther reduced our dependence on foreign bigger people in the way of income. and somebody decided that just wasn’t oil nor has it significantly reduced pol- They essentially doubled the small pro- enough to take care of this interest lution. Taxpayers’ repeated payments ducer language in this bill. So we now group. in the form of subsidies to corn growers have fairly significant people getting That sort of reflects this whole bill. and ethanol producers, and the oppor- this huge credit. On top of the farm The President asked for $8 billion in tunity it costs, serves no other purpose subsidy, on top of the subsidy for pur- tax credits, a reasonable number. It than to artificially prop up the price of chasing the gas, on top of the subsidy was within the budget. I want to come corn and the ethanol industry. for building the production facilities, back to that. Instead, we ended up with The list of subsidies that have been on top of the subsidy for researching a $25 billion tax credit bill, three times developed over the years is rather stag- the production facilities, we have a tax the price the President asked, and we gering. In the last farm bill, we put $26 credit. don’t end up with a better energy pol- billion into that bill over a 6-year pe- It is truly an amazing act of largess icy. We didn’t get three times better riod to assist people who grow corn. on the part of the American taxpayer. energy policy than what the President This is independent of the ethanol We all feel very good about this, I am proposed because those tax credits are issue. That is $4.3 billion a year. Maybe sure. We have been able to pursue a all being used basically to artificially that is legitimate. The farm program policy in this bill that is essentially manage the marketplace and to create has some serious problems, but maybe spending these types of dollars on our events within the marketplace which that $4.3 billion was legitimate. friends who produce this product and were not able to stand on their own, It turns out that is just the begin- manufacture this product. The problem and as soon as the tax credit goes ning, because this bill doubles the man- is that by doing this type of a commit- away, you will not have that produc- date for the minimum use of ethanol to ment to this product and the producers tion capability because those products

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15251 are not viable and they are not com- Excel Energy Powerplant for the Iron should be the approach we as Repub- petitive for the most part. Range. Well, it is $800 million of loan licans would want to use, where we test In a speech I earlier gave on this bill, guarantees for that project. It is prob- the product and determine whether or I pointed out I went through this once ably a good project, but it is hard to not it can compete in the market, and before. We all went through this in the understand why we should have picked then we give it support to draw it into 1980s. At the end of the oil crisis and an that project, to put that level of tax the market. But we don’t say you don’t embargo in the 1970s, we tried sub- dollars into this bill. have to worry at all about the market, sidizing different forms of energy at ex- The list goes on and on, regrettably, as we do in this bill, with a number of tremely high levels to see if we could to the point of excess in the area of different initiatives and production ca- not bring them on line and make them picking winners and losers, and doing pabilities. competitive commercially. We did it in a way which has no comprehen- It is expensive. It exceeds the budget shale oil and solar and wind and geo- sible relationship to what one might by a significant number. thermal. We even did something, I for- consider to be producing an energy pol- It is hard to defend a bill like this, it get the name of it, where we put a ship icy that had a rationale behind it, seems to me. So that is why I hope out in the ocean and ran a pipe in the versus an exercise in simply going into when we get around to the issue of clo- water and the pipe got cold and we a room and listening to the people who ture, or even the issue of points of piped it back around. There was some are whispering in your ear on the day order, people will take a very serious technical name for that. We were when you are writing the bill. look at the failures of this bill on those building ships to do that. That is a big problem, the fact that various accounts. None of these technologies, except the bill is not structured very well as Madam President, I yield the floor maybe solar and wind, survived, and an energy policy bill and doesn’t ad- and make a point of order a quorum is solar and wind survived in a much dif- dress in a thoughtful way or a com- not present. The PRESIDING OFFICER. The ferent framework than the direction prehensive way consumption of renew- clerk will call the roll. the initial tax incentives pushed them. ables or production. The bill clerk proceeded to call the That is because they were not competi- There are some production initia- roll. tive because, even with those subsidies, tives in this bill which do make sense. Mr. FEINGOLD. Madam President, I they could not compete in the market- I think the Alaska pipeline initiative ask unanimous consent that the order place with the products that were out would probably be very good for this for the quorum call be rescinded. there beside them. country. I wish they had included The PRESIDING OFFICER. Without So, once again, we are seeing that in ANWR. objection, it is so ordered. this bill. It is not energy policy. It is But overall this bill is just a hodge- Mr. FEINGOLD. Madam President, I picking winners and losers for the pur- podge, and it is excessive. The fact is rise today to share my concerns about pose of gaining economic advantage for that it exceeds the President’s request this Energy bill. An Energy bill is a se- one sector of the economy over an- by almost three times, which brings me rious matter. I strongly believe the other, one group of people over an- to the next point. This bill is in viola- country needs to achieve a balanced other, one manufacturing group over tion of at least four budget points of national energy policy. another. We have the $1.1 billion pro- order. That is how excessive it is. The I did not make my decision to oppose posal to construct an advanced reactor bill violates a spending point of order, this bill lightly, but unfortunately this hydrogen cogeneration project in it violates a tax point of order, it vio- bill is even worse than the Senate Idaho—$500 million is for the construc- lates a pay-go point of order, to say version. I cannot support it. tion, and then we pay $635 million, or nothing of the fact that it violates rule Although my remarks will be very as much as is necessary, in order to op- XXVIII. brief, my reservations about this bill erate the plant. It is bad enough that Why? Because it is totally out of run deep. we are going to pay to build the plant. touch with our own budget as a Federal I oppose this bill for several reasons. But on the face of it, if you are going Government. We put in place a Federal For one thing, the price tag of this bill to have to spend $635 million to operate budget. We put in place a plan for how troubles me. According to the Congres- the plant, you have to conclude the much we could spend in developing an sional Budget Office, this bill will cost plant isn’t too viable as an exercise. energy policy, and then we ignore it in the taxpayers $31 billion and is not off- We went through this all, by the way. this bill. There is no fiscal responsi- set anywhere else in the budget. Our Idaho had another one of these projects bility at all reflected in this bill but national deficit has ballooned over the which I suspect is interrelated to this, just the opposite in the way it spends past several years, so it is even more although I don’t know it, which didn’t money and in the way it treats the imperative that we be fiscally respon- fly because it was too heavily sub- budget which we have passed as a Con- sible with taxpayers dollars. sidized. gress. It is hard for me to understand In addition to the bill’s fiscal impli- The window is open at the bank of how the administration could endorse a cations, I am deeply concerned that the the American taxpayer and their bill which exceeds their level of spend- bill repeals the Public Utility Holding checkbook, with item after item of ing and tax policy by such a significant Company Act. This critical act pro- fairly questionable attempts to try to number. tects consumers against abuses in the pick winners and losers in the nuclear We have heard numerous complaints utility industry. Repeal of PUHCA industry and to do some things which about Congress overspending in a vari- would leave rate-payers vulnerable and are of questionable value. I could go ety of areas. This bill just drives spur further consolidation in an indus- through the list, but the list has be- through that barrier as if it weren’t try that has already seen a number of come fairly public and it probably isn’t even there and proceeds on down the mergers. Two large holding companies necessary to review it. road. have been created in Wisconsin alone There are a couple of other specific The bill has a lot of problems. It has in recent years. Furthermore, the bill ones. It has been reported that the bill the problem that it is an attack on a does not protect consumers from for some reason effectively mandates region, New England specifically, in Enron-style electricity trading prac- permanent use of the controversial the MTBE language. It has the problem tices and market manipulation. The Cross Sound Cable between Con- that it is not comprehensive in its ap- Senate recently went on record in sup- necticut and Long Island. You tell me proach, or at least coordinated in its port of an amendment by Senator what that has to do with energy policy. approach. It is a hodgepodge of various CANTWELL to bar such abusive prac- That is an issue between Connecticut interest initiatives, some of which may tices and I am disappointed that the and Rhode Island, and Connecticut is a score well, some of which may not, but bill fails to include similar protections. little upset that we are suddenly step- there is certainly no coherence with I also doubt that the bill will prevent ping into their jurisdiction and making them. blackouts like that we experienced last that decision for them. It is filled with initiatives which are August—this is one of the country’s The Energy bill would build a project clearly counterproductive to using a most pressing energy problems, yet the on the Iron Range, a $1 billion plus marketplace approach, which I think bill does little to address it.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15252 CONGRESSIONAL RECORD — SENATE November 20, 2003 In the area of boutique fuels, the bill who served on the conference had only ENDING SECRET HOLDS also falls badly short. Everyone in my 48 hours to review the 1,700-page report Mr. WYDEN. Madam President, my state of Wisconsin is familiar with before the Monday conference meeting. good friend from Montana and I have price spikes during the shift from the They were virtually shut out of the ne- worked together on so many issues. He spring to winter fuel supply. Wisconsin gotiation process. I regret that the has objected to this bipartisan resolu- has pushed for national standards for manner in which the current bill was tion which would give the Senate a federally mandated reformulated gaso- drafted—in secret, closed meetings, chance to end one of the most per- line blends, or RFGs, to try to broaden without adequate time to review it. nicious practices in Washington, DC, the supply and reduce price hikes dur- This is no way to come up with a bal- and that is the practice of secret holds. ing RFG shortages. The current bill anced national energy policy. Walk down Main Street anywhere in will just authorize a study about the For these reasons, I oppose this bill the United States, and I bet you would problem, not solve it. We had a genuine and I will oppose cloture. I appreciate not find one out of a million Americans bipartisan effort to try to do this. I the need to develop a new energy strat- who know what a secret hold is. The cannot understand for the life of me egy for this country. I disagree strong- hold does not appear anywhere in the why this was not included in the con- ly, however, with the measures taken dictionary. It is not even in the Senate ference report. in this bill. This is a bad bill, it’s bad rules. Yet it is one of the most power- Also, the bill has serious and unwel- for Wisconsin, and it’s bad for the Na- ful weapons that any U.S. Senator has. come environmental impacts. For ex- tion’s taxpayers. It is, of course, a senatorial courtesy ample, the bill undercuts the Clean Air I thank my colleagues from Oregon whereby one Senator can block action Act by postponing ozone attainment and my colleague from New Jersey for on a bill or nomination by telling the standards across the country. This their courtesy in letting me give my respective Democrat or Republican issue was never considered in the remarks. leader that he or she would object. The House or Senate bill, but it was in- I yield the floor. objection does not have to be written serted in the conference report. This The PRESIDING OFFICER. The Sen- down, and it does not have to be made rewrite of the Clean Air Act is not fair ator from Oregon. public. to cities like Milwaukee that have de- UNANIMOUS CONSENT REQUEST It is a little bit like the seventh in- voted significant resources to reducing Mr. WYDEN. Madam President, on ning stretch in baseball. There is no of- ozone and cleaning up their air. And, as behalf of myself, Chairman GRASSLEY, ficial rule or regulation that talks asthma rates across the country in- Chairman LOTT, and Senator BYRD, I about it, but it has been observed for so crease, this provision could severely ask unanimous consent the Rules Com- long that it has become a tradition. undercut efforts to safeguard the air mittee be discharged from consider- Now, the capacity to use this hold, quality of our citizens. ation of S. Res. 216; that the Senate which is in secret—there is no trans- In addition to undermining air qual- proceed to its immediate consider- parency, no accountability—the pros- ity protection, the bill allows for siting ation; the resolution be agreed to, and pect of using these secret holds is noto- of transmission lines in national parks, the motion to reconsider be laid upon rious and has given birth to several in- grants exemptions from the Clean the table, without any intervening ac- triguing offspring: The hostage hold, Water Act and Safe Drinking Water tion or debate. the rolling hold, and the May West Act for oil and gas companies, and pays Mr. BURNS. Madam President, re- hold. Suffice it to say, at this time of oil and gas companies for their costs of serving the right to object, and I will the year secret holds are more common compliance with the National Environ- object, this is mistimed to be consid- than acorns around an oak tree. mental Policy Act. I am also concerned ering this rule change on this piece of Senator GRASSLEY and I have been that the liability exemption for MTBE legislation. On behalf of some Senators working on this for almost 7 years. I is retroactive to September 5, 2003, on this side of the aisle I will have to am extremely proud that the chairman which will nullify about 100 ongoing object to the Senator’s request. of the Rules Committee, Senator LOTT, lawsuits. MTBE is found in all 50 The PRESIDING OFFICER. The ob- has joined us on this matter. Senator States, and high levels are affecting jection is heard. BYRD is a cosponsor. There is no one in drinking water systems all over the Mr. WYDEN. Has the Senator ob- this body who has a better under- Midwest, including 5,567 wells in 29 jected? I was under the impression you standing of the rules than Senator communities in Wisconsin, even reserved the right to object. BYRD, and Senator BYRD has made it though the state only used MTBE gaso- Mr. BURNS. I reserved the right to clear this practice is out of hand. It is line for the first few weeks of the phase object, and I did object. out of hand because the rules are de- I program that began in January 1995. Mr. WYDEN. Madam President, in signed to expedite the business of the As a result of this bill, taxpayers are light of the objection, on behalf of my- Senate and not hold it up. going to have to foot the $29 billion bill What we heard earlier in the objec- self, Chairman GRASSLEY, Chairman for the national MTBE cleanup. tion to the effort to end secret holds is LOTT, and Senator BYRD, I ask unani- This bill fails to reduce our reliance emblematic of what has happened. The mous consent that no later than March on fossil fuels. The Senate energy bill objection was based on the idea that 1 of 2004 the Rules Committee be dis- contained a requirement that power now was not a good time for the Senate charged from further consideration of companies provide at least 10 percent to address this. It is never a good time S. Res. 216, if not reported, and that of their power from renewable energy to address it if you are in favor of the Senate proceed to the consider- sources like wind, water, and solar doing business behind closed doors. If ation of S. Res. 216 at a time deter- power. The technical term is a renew- you are in favor of doing the public’s mined by the majority leader following able portfolio standard. The current business without accountability, it is consultation with the Democratic lead- bill doesn’t contain any renewable never a good time. If you are in favor er. portfolio. standard. There’s no doubt of doing business in secret, of course, Mr. BURNS. I object. that we can and should do better on re- we are never going to bring it up in the The PRESIDING OFFICER. The ob- newable energy to reduce our depend- Senate. jection is heard. ence on foreign fossil fuels. The minority leader, Senator Although, I support many of the re- f DASCHLE, has been supportive of this newable fuel provisions in the bill re- effort from the very beginning. From garding ethanol, I am troubled by the MORNING BUSINESS the very first day I went to him to dis- fact that the bill also depletes vital Mr. WYDEN. Madam President, I ask cuss this, he said: You are right. The highway funds for States by siphoning unanimous consent there now be a pe- hold is an important power for a mem- money from the volumetric ethanol ex- riod of up to 20 minutes of morning ber of the Senate, but it ought to be ex- cise tax credit. business under my control to discuss S. ercised with some accountability. The content of the bill is problem- Res. 216. So there was no objection from this atic, but so is the process of how it was The PRESIDING OFFICER. Without side of the aisle. Unfortunately, we had written. My Democratic colleagues objection, it is so ordered. an objection from the other side. I

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15253 think it is unfortunate because I have It is one of the most powerful weapons ators in airports, saying: Please, this is sought throughout—throughout—to that a Member of Congress has. We do the Deputy Secretary of State or this make this a bipartisan effort. not seek to have it stripped from the is a Commissioner who needs to be con- Chairman GRASSLEY and Chairman Senate. We do not come together on a firmed. LOTT deserve an extraordinary amount bipartisan basis to say, let us outlaw It is not good for the institution. I of credit for the effort to work with me the holds. We come together—Chair- think someday we should even look at and with others on this issue. The fact man LOTT, Senator GRASSLEY, Senator the whole practice of holds. You have is, during this time of the session, one BYRD, and myself—to say: There ought an institution where one Senator—one Member of the Senate can spend days to be some sunshine. Senator alone—particularly at the end asking all 99 other Senators whether Our proposal is for sunshine holds, of a session, can defeat a nominee or a they have a secret hold, only to find for saying that the powers exercised by bill anonymously. There is something that Senator does not even know about a Member of the Senate should be ac- wrong with that. You are putting your the secret hold because it was gen- companied by some accountability. constituency or the constituencies of erated by staff. You ought to be straight with your others and 99 Senators at the mercy of The Senator who can successfully constituents. one. track down and lift the last secret hold My good friend, the chairman of the There is this feeling here in the insti- almost feels around here as if they committee, is here. I would like, with- tution that we cannot touch the tradi- have won the national title. out losing the remainder of our time, tions or the precedents or the rules of Every Senator has a favorite example to yield to the distinguished chairman the Senate. They are sacrosanct. They of torturous search for the sponsor of a of the Rules Committee, who has been are holy. How do you think they got secret hold. My favorite was during the so supportive of the effort to end secret there? Changes were made. Improve- Rules Committee hearing on holds, holds, so he could make his remarks, ments were made. Or problems were Senator DODD—by the way, who, is knowing he has a very busy schedule. created. very supportive, like Chairman LOTT, The PRESIDING OFFICER (Mr. COR- of this proposal—we heard about the NYN). Without objection, it is so or- So that is why I do commend Senator chairman trying to call Senators in dered. The Senator from Mississippi. WYDEN and Senator GRASSLEY for being airports around the country, trying to Mr. LOTT. Mr. President, could I in- doggedly persistent on this issue. I do find out who had a hold on a bill. Sen- quire about what time remains for Sen- not wish to be a part of a process or an ator DODD was concerned about this ator WYDEN? effort that causes difficulty for the when he was faced with his election re- The PRESIDING OFFICER. Twelve leaders. They have enough problems form bill. minutes twenty seconds are remaining. now. They are concerned with the En- I went through the very same exer- Mr. LOTT. Thank you very much, ergy bill, the omnibus bill, the Medi- cise on the spam bill where I had to lit- Mr. President. care prescription drug bill, the FAA erally go from desk to desk in the Sen- I believe this is an issue whose time bill—you name it. So I do not want to ate to find out who was holding up a has come in the Senate. It is an issue contribute to their problems. measure that everybody was for. Ev- I am very familiar with because I have But I do think something needs to be erybody said they were against spam dealt with holds, both as a Senator as done here. I think we need to address but there were holds, and we had to try a leader. I have placed holds, and prob- the overall issue of holds, but at the to figure out where they were. ably over the years some of them have very minimum we should have some The same thing happened on the been anonymous, not so much out of way to deal with secret holds. Internet tax bill. At one time there intent, just that is the way it was. When we sent the letter, as I sug- were seven holds on the Internet tax I remember talking to Senator gested earlier, we required Members to bill. When I tried to find out which WYDEN years ago, and Senator GRASS- notify the sponsor of the legislation, Senators had the holds, I was told that LEY, about what we could do to have a the committee of jurisdiction, and the this information would not be shared better understanding of what a hold is leaders of their hold. It had a little ef- with me. and how it works and what could we do fect for a little while. Senators sort of Think about the consequences of not to stop the anonymous holds. Senator said: Oh, yeah. OK. dealing with that issue. I say to my DASCHLE and I even got together on a By the way, what is a hold? A hold is colleagues, we may have a virtual letter and tried to clarify how holds a notice by the Senator—to the staff, ‘‘Grinch’’ visiting the consumers of should be handled, and what they usually—that before a nominee or bill this country because the Senate has mean, and how Members should deal is brought up, they want to be notified not dealt with the Internet tax issue. with them, by telling the committee so they can debate it or so they can re- Come the holiday season, if some chairman or the sponsor of legislation serve all rights to amendments. That is States and localities choose to do it, that they had a hold. But there was no all it really is. they can go out and tax e-mail, they enforcement mechanism, so it did not can go out and tax Internet services happen. Now, if it is anonymous, that makes that are delivered through wireless de- At this time of year, holds are par- it even more damaging. But it is a vices or DSL because the Senate has ticularly a problem for the leadership. problem for the leader because you try not updated the law. I believe it has Republican or Democrat, this is not a to get the work completed, and the not updated the law because there was partisan issue because when they pop threat of a filibuster or endless amend- not the opportunity to have a real de- up right at the end of the session, it ments basically kills it. So since there bate, and we were held up because could be unrelated to the nominee, un- was no enforcement mechanism, it just there were secret holds. related to the bill. They can be a part did not accomplish what we wanted it I am very pleased that the distin- of a rolling hold. But with all the warts to accomplish. guished chairman of the Rules Com- of the hold, it is something Senators This resolution would place a greater mittee has come to the Chamber to prize, maybe even treasure. But I do responsibility on Senators to make join me in this effort. Perhaps more not see how anybody can defend them their holds public. It creates a standing than any other Member of this body, he being anonymous. order that would stay in effect until understands the implications of this If there is a secret hold on a bill or a the end of this Congress. This is some- because of his service as chairman of nominee, and it is just at this time of thing that Senator BYRD had sug- the Rules Committee as well as having year, it is almost impossible for the gested, that maybe was the solution served as the distinguished majority leadership to deal with it. The leader, that would do the job. We can see how leader of this body. He has held hear- he tries to track down who has the it works. Let’s make it a standing ings on this issue. He reached out to hold, and sometimes the staff will not order, not change the rules. Let’s make Senator BYRD and Senator GRASSLEY. even tell you who has the hold because it apply to the rest of this Congress, We have been working on this issue they have a problem. which would be next year. If it works, for years and years. At this time of the I can remember tracking down Sen- great, we might want to build on it. If session, the secret hold is all powerful. ators in their hideouts, finding Sen- it does not, it is dead.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15254 CONGRESSIONAL RECORD — SENATE November 20, 2003 The order requires that the majority has been so supportive of this effort. ference between a consult and a hold. A and the minority leaders can only rec- Essentially what he and I and Senator consult, in effect, is just a request to ognize a hold that is provided in writ- GRASSLEY have been talking about is be informed when a measure is going to ing. I put a hold on a nominee today. I the quaint notion that the public’s be brought up. A hold is something dif- said: Please put a hold on this nomi- business ought to be done in public. ferent. A hold is when you want to shut nee. Letter will follow. So I put it in This is not a complicated idea. down the effort to go forward and ex- writing and it is not a secret thing. As I have mentioned earlier, I am amine an important issue altogether. Moreover, for the hold to be honored, sure the vast majority of Americans It is all powerful in the last few days of the Senator objecting would have to have no idea what a secret hold is. It is a session, as the distinguished chair- publish his objection in the CONGRES- not written down anywhere. This is man of the Rules Committee, Senator SIONAL RECORD three days after the no- something you wouldn’t find 1 of 1,000 LOTT, has noted. tice is provided to the leader. That is people having any idea about. But this There is something very wrong with critical: notice. That is all really we is, in fact, one of the most powerful the process when, in effect, you have to are looking for here: Understand what weapons, one of the most significant traipse all over the Senate trying to a hold is; put it in writing; and make it tools a Member of this body could pos- figure out whether or not your measure well known. sibly have. It is utilized without any is going to see the light of day. A hold should be left to the wrestling accountability whatsoever. We have had an objection to our bi- ring, not to the Senate, and it cer- The distinguished chairman of the partisan effort today, but I think I tainly should not be in secret. Rules Committee pointed out in hear- speak for all of the sponsors when I say I hope the leadership, Senator FRIST ings, and we heard it echoed by Sen- we are going to be back at it. Chairman and Senator DASCHLE, will work with ator DODD, the bizarre kind of process LOTT has initiated a very important Senator WYDEN and Senator GRASSLEY of trying to track down Senators who process in the Rules Committee to ex- to find a solution that will allow us to are thousands of miles away from Cap- amine some of the antiquated practices do this. The light of day always has a itol Hill and still claiming to have an of the Senate. The holds is one that we purifying effect. This is getting to be objection when, in a lot of instances, see working great injury in the last very moldy. We need to deal with it. they may not even know about it; their days of a session. But under the leader- Again, I emphasize, I am for this be- staff will have objected to it. ship of Chairman LOTT, we are going to cause I think it would be good for the So what we have sought to do in this be looking at other practices in the institution. I am for it because I think effort is to not limit the powers of any Rules Committee. I think that is long it is the right thing to do. I am not for Member of the Senate but simply to overdue. I have great confidence that it because I am trying to cause prob- say that power ought to be accom- the chairs, Chairman LOTT, Chairman lems with the leaders. Heaven forbid, I panied by responsibility. Yes, there GRASSLEY, Senator BYRD, who knows don’t want to do that. Actually, we are should be rights. There ought to be more about the rules of the Senate trying to help them deal with a prob- rights of every Member of the Senate than I could ever dream of knowing, lem. They are hesitant to do it because to stand up and be heard on matters are going to be able to work with us on I know Senators are going to slip up important to their constituents and to a bipartisan basis to address this re- next to them and say: Wait a minute, this country. But there also ought to sponsibly. you may not want to change anything be responsibilities. We have done that. We have asked here. This is the way it has been done. Chairman LOTT has addressed this only that this be done for the rest of I challenge the Senators to stand up issue very eloquently by saying one of this session. I personally do not believe here and say they should not at least our most important responsibilities is Western civilization is going to come make it public. We can’t have cow- to let the public see what we are up to. to an end because a Member of the Sen- ardice on something that is affecting Yes, sunlight is the best disinfectant, ate has to be clear about whether or people’s lives and on legislation that but it is especially important, as Chair- not they are holding up the public’s affects our country. man LOTT has noted, at the end of a business. But to make it absolutely I guess I am getting a little carried session. clear what would transpire, we have in away. I agree with the Senator. I am If someone exercises a hold in the be- effect a test period, as Chairman LOTT going to continue to work to try to ginning of a session, there is an oppor- has described it, to examine the effect find a way to be helpful in getting this tunity, as the distinguished chairman of our sunshine holds, a process that issue addressed because I think it is of the committee has noted, for the would end some of the stealth and se- time we do it. leaders to come together with the crecy that surround this issue. The PRESIDING OFFICER. The Sen- chairs and work out an effort to re- I ask unanimous consent to add Sen- ator from Oregon. solve a matter in a process that is fair ator DAYTON as a cosponsor of S. Res. Mr. WYDEN. Mr. President, how to all sides. 216. much time remains under my control? When you are down to the last few The PRESIDING OFFICER. Without The PRESIDING OFFICER. Twelve days of a session and you are talking objection, it is so ordered. minutes 20 seconds remain. about a measure that may involve bil- Mr. WYDEN. I see Senator LOTT and Mr. WYDEN. I thank the Chair. lions of dollars, the well-being of mil- other colleagues have other business to Mr. KYL. Will the Senator yield for a lions of our citizens, someone can exer- attend to. I will wrap up only by question? cise the power to hold up the public’s quoting the foremost authority on Sen- Mr. WYDEN. I am happy to yield business without any accountability ate rules who served as majority leader without losing my time. whatsoever. What happens is then the of the 95th, 96th and 100th Congresses; Mr. KYL. Mr. President, I ask unani- leaders and the chairs traipse all over that is, our friend and colleague, Sen- mous consent that following the Sen- here, practically going almost the ator ROBERT C. BYRD. In chapter 28, ator from Oregon, at the conclusion of equivalent of door to door, desk to desk ‘‘Reflections of a Party Leader,’’ vol- his remarks, the order of speaking be on the Senate floor. It got to a point, ume 2 of his publication in the Senate, Senator SUNUNU for 15 minutes, Sen- when I was trying to deal with one par- Senator BYRD wrote: ator LAUTENBERG for 15 minutes, Sen- ticularly exasperating hold, where a To me, the Senate’s rules were to be used ator MURKOWSKI for 15 minutes, Sen- Senator came up to me and apologized when necessary to advance and to expedite ator CANTWELL for 30 minutes, and Sen- because he was told there was a hold the Senate’s business. ator KYL for 10 minutes. about which I was concerned. He said: Giving the sunshine hold a place in The PRESIDING OFFICER. Without I knew nothing about it. It was put on the Senate’s rules, creating sunshine objection, it is so ordered. by a staff person. I asked for its re- holds so as to ensure that there is new The Senator from Oregon. moval. openness and new accountability in the Mr. WYDEN. Mr. President, before he There are a variety of technical way the Senate does its business, leaves the floor, I thank the distin- issues on which Chairman LOTT and seems to me to be an ideal way for the guished chairman of the Rules Com- Chairman GRASSLEY and Senator BYRD Senate to honor those eloquent words mittee for his eloquent statement. He and I have worked. There is a dif- of Senator BYRD.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15255 We have not been successful today, a former majority leader, Senator LOTT lates the Budget Act. That is a lot of despite the best effort of Chairman brings valuable perspective and experi- money—800 million dollars, $3.4 billion, LOTT, Senator GRASSLEY, and others. ence. It is also a great honor to be able and $4.3 billion over the next 10 years. But we will be back. This practice is to work on this issue with Senator I think at a certain point we have to continuing to increase. Even when I BYRD, who is also a former majority draw the line. We have to say energy is came to the Senate, I found it used fre- leader and an expert on Senate rules important to the country, markets are quently but not to the extent it is and procedure. important to the country, competitive- being used today. It is time to do the I am disappointed that we cannot ness is important to the country, but public’s business in public. We will stay move forward with this resolution now, we can achieve these things without at this effort to accomplish just that. but I would urge my colleagues to join violating the budget agreement that I yield the floor. the growing coalition of Senators who was just put into place several months Mr. GRASSLEY. Mr. President, I rise are working to shed some sunlight on ago. in support of the resolution to end se- some of the most shadowy parts of this The bill includes new mandatory cret holds in the Senate. Senator body so that we can ensure open and spending, which is effectively on auto- WYDEN and I have worked long and honest debate on the issues before the matic pilot, where once the bill is hard on this issue and it is time for the American people. I believe that the signed into law, the spending will take Senate to act decisively to reject the more we talk about secret holds, the place automatically, without appro- practice of placing anonymous holds. more the consensus grows that this is priations and without any new legisla- A hold, which allows a single Senator an issue that must ultimately be ad- tion passed. So it is $3.7 billion in man- to prevent a bill or nomination from dressed by the full Senate. You can be datory spending over the next 5 years, coming to the floor, is a very powerful assured that we will keep pushing for- $5.4 billion in new mandatory spending tool. Holds are a function of the rules ward until that happens. over the next 10 years. In addition to and traditions of the Senate and they The PRESIDING OFFICER. The Sen- that, we have all the authorized spend- can be used for legitimate purposes. ator from New Hampshire is recognized ing in the bill—over $70 billion in However, I believe in the principle of for 15 minutes. spending is authorized over the next 10 open government. Lack of trans- f years. parency in the public policy process Looking at the authorization lan- leads to cynicism and distrust of public ENERGY POLICY ACT OF 2003— guage, the different programs—dozens officials. I would maintain that the use CONFERENCE REPORT—Continued and dozens of different programs—total of secret holds damages public con- Mr. SUNUNU. Mr. President, I rise to over $70 billion. These programs are ef- fidence in the institution of the Sen- add my voice to the very spirited de- fectively picking and choosing among ate. bate we have had about the Energy different ideas and innovations and Our resolution would establish a bill. A number of Members have come areas of the energy industry, picking standing order for the remainder of to the floor to talk about specific pro- winners and losers among the different this Congress that holds must be dis- visions—the concern for the liability competing forces. That is where we closed publicly. For my colleagues who waiver for MTBE, in particular. need to be very careful about the im- might be apprehensive of this change I want to step back and talk about pact a bill like this would have. Why in doing business, I would point out the bigger picture—about the financial should any legislator, or bureaucrat, that this measure would only be in ef- health of our country and the impact for that matter, be trying to pick the fect for the current Congress and would that this Energy bill, given its enor- winning or the losing energy tech- not formally amend the Senate rules. mous size, will have on the long-term nology or innovation 5 or 10 years out Nevertheless, a standing order has es- health of our budget, as well as our into the future? We are not experts in sentially the same force and effect in economy. this area. We are not scientists. We practice as a Senate rule. I have no During the budget debates, we hear a don’t dedicate our lives to under- doubt that, once instituted, this reform great deal about fiscal responsibility. standing the nuances of new energy will be found to be sound and no reason People love to talk about fiscal respon- technology. We certainly should not be will be found why it shouldn’t be re- sibility in the abstract. When you are writing legislation that picks those newed in subsequent Congresses. looking out 10 years and are talking winners and losers in the marketplace. For several years now, I have made it about surpluses or deficits, or more If you read through—just to touch on my practice to publicly disclose any broadly about revenues or spending, it a few to get a sense of what I am talk- hold I place in the CONGRESSIONAL is all about fiscal responsibility. But ing about—$250 million is in the bill for RECORD, along with a short expla- they don’t like to talk about it as photovoltaic energy commercializa- nation. It’s quick, easy and painless, I much when we have a specific piece of tion, the use of photovoltaic energy in assure my colleagues. Our proposed legislation on the Senate floor, as we public buildings. Photovoltaics is an standing order would provide for a sim- have now, that will draw from the Fed- interesting technology, perhaps a ple form to fill out, like adding a co- eral Treasury and start spending that promising one. But to spend $250 mil- sponsor to a bill. The hold will then be money in a way that I don’t think is lion to try to commercialize this in published in the CONGRESSIONAL very well thought out. I certainly don’t public buildings suggests that we RECORD and the Senate calendar. It is think it will have a very positive effect know, as Senators, that this is the as simple as that. on our economy. right energy source to use in public I am very pleased to have the support In particular, if we look at the En- buildings for the foreseeable future. of Chairman LOTT and Senator BYRD on ergy bill and its scope and size, it not Why not let the market compete? this initiative to require public disclo- only breaks the budget that was agreed Why not let investors step forward to sure of holds. Earlier this year, Chair- to just 6 months ago, it not only vio- build or renovate or improve public man LOTT held a hearing in the Rules lates the budget once or twice or three buildings, to use energy more effi- Committee on the Grassley-Wyden res- times, it is in violation of the Budget ciently in public buildings, pick the olution to require disclosure of holds. Act in four different ways. In fact, in best contractor, the best product, the Since that time, my staff has worked one area in particular, on spending, it product which delivers the best value together with staff members for Sen- violates the Budget Act three different for the public? Why do we have to ators WYDEN, LOTT, and BYRD to come times. A point of order, as has been in- spend $250 million biasing the market- up with what I think is a very well dicated by the budget chairman him- place? There is $125 million for a coal thought out proposal to require public self, lies against this bill. It violates technology loan. It turns out this par- disclosure of holds on legislation or the budget caps, busts the budget by ticular one will actually go to convert nominations in the Senate. I think it over $800 million next year alone, by a clean coal technology plant into a says a lot that this proposal was writ- more than $3.4 billion over the next 5 traditional coal-fired generation plant. ten with the help and support of Sen- years, and by $4.3 billion over a 10-year Elsewhere in the bill, we have a cou- ator LOTT and Senator BYRD. As the period. It breaks the budget cap, ple of billion dollars to subsidize the chairman of the Rules Committee and breaks the budget agreement, and vio- clean coal technology industry. So this

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15256 CONGRESSIONAL RECORD — SENATE November 20, 2003 is a case where maybe we are just not We have new mandatory spending, we tract capital, attract investment, do sure what the winner is going to be, have authorized spending, and then we the research and development, and, be- and we are trying to hedge our bets. get to the tax subsidies, some $25 bil- lieve me, if somebody develops a cost- There is nearly $100 million in the bill lion. The President recommended only competitive electric car, let alone a for the reduction of enginizing heavy- $8 billion. The Senate recommended $18 hydrogen car, they are going to make a duty vehicles; reduce the amount of billion. It comes out of conference with lot of money because there is a demand heavy duty vehicles’ idle—I suppose in the House and Senate at nearly $25 bil- for that in the marketplace. traffic, or sitting at the truck stop, or lion in tax subsidies, loan guarantees People are willing to pay for a cheap- wherever else it might be. Energy effi- for diesel fuel plants, loan guarantees er vehicle. People are willing to sup- ciency in heavy-duty trucks is a great for three new coal plants. A loan guar- port initiatives that not only fulfill the idea. Somebody tells me that those antee to build any of these new plants needs in their daily lives traveling who build, manufacture, and own and effectively puts the taxpayer on the around but also help keep our environ- operate heavy-duty trucks have a fi- hook for all, or a very significant part, ment a little cleaner by reducing emis- nancial incentive not to waste the die- of that facility. sions. sel fuel they use to drive the trucks all Again, I think the coal industry is a We have coal gasification, at $1 bil- over the country. I don’t think they terrific industry, and also the oil and lion or so—nearly $1 billion for a coal need a subsidy of $100 million for us to gas industry, electricity generation, gasification initiative. Twenty years do the job that they ought to be doing wind power, hydropower, solar power. ago, it was all about synthetic oil. to make themselves more competitive What we ought to be working toward, That was clearly going to be the en- and ultimately earn more money in the however, is a level playing field where ergy of the future—the fossil fuel en- marketplace. these competing ideas and competing ergy at least. I guess we must have got- Engine testing program, $25 million. technologies can provide electricity, ten that one wrong because we spent $4 Why should we be subsidizing the test- can provide power, can provide energy billion, $5 billion on that, and it turns ing of commercial engines that compa- so consumers and investors can make out it is really not cost competitive. So nies or industries use to operate and good decisions about where to put their we are going to go with coal gasifi- earn a good living, as they should? money and which one of these com- cation. Maybe that is what we meant Here is another very interesting one. peting technologies to buy. to say or we learned a little bit since The next generation of lighting initia- There are certainly some good provi- then. tive; $250 million for the next genera- sions in this legislation. I think the Now we can see the future much tion of lighting. We have next genera- electricity title takes important steps. more clearly, and we are going to start tion Internet. I am still not sure why I support repeal of the Public Utility out with a little bit less than $1 billion, we put a billion dollars or $2 billion Holding Company Act. We have better but you can be assured that over time into that. The Internet is probably the reliability standards in this legislation it is going to be a lot more than that. one area of our economy that has at- for our electric grid. We have regu- These are pipedreams. These are im- tracted more capital faster than any latory reform which I think is impor- portant visions for scientists or tech- other idea in our history. Why the Fed- tant for building out the electric infra- nologists to have, and we want them to eral Government should be subsidizing structure and avoiding future crises, put some funding or risk some capital that, I don’t know. Why we should be shortages, or blackouts. But we can do for these ideas. The question isn’t subsidizing new lighting technologies, I all of these things without busting the whether they are interesting ideas or certainly don’t know. There are won- budget. We can do all of these things whether they are even worthy of in- derful companies that make great without violating the Budget Act. We vestment but whether they are worthy lighting products, such as halogen can do all of these things without com- of taking Federal money, taxpayer lights, neon lights. I could name a few ing back with a bill that has three money, and putting that money at risk companies, but I am sure I will leave times the tax subsidies the President in a marketplace that should be able to some out. proposed. stand on its own, compete on a level When we go to the Home Depot to Like so many Energy bills I have playing field, and continue to deliver buy lighting products or to the local seen in my short time working in Con- the innovation and technology of hardware store or COSTCO and buy gress, this bill is full of some very which I think most Americans would lighting products, we know who the grandiose pipedreams. One of my favor- and should be very proud. competitors are. Why does the Federal ites is the hydrogen car—$2 billion for We can do a lot better than this bill. Government need to spend $250 million the hydrogen car. We are just coming We can do better than a bill that busts to help develop better or newer light- off a $2 billion bender known as the the budget. We can do better than a ing? Partnership for the Next Generation bill that has a $25 billion grab bag of Somebody might say we are working Vehicle. Mr. President, $2 billion of tax subsidies that distort the market- on more efficient lighting. If you build taxpayers’ money was spent to try to place of ideas and the marketplace of a better light bulb that is less expen- develop an electric car that was going capital. We can do better in terms of sive to use and/or less expensive to sell, to be a hybrid electric car, a hybrid legislation that should be promoting a I bet customers will recognize that combustion engine and, at the end of very competitive environment and, value. It is a mature industry, a well- the day, it was a failure—$2 billion therefore, a stronger, more robust understood industry. You don’t need a later. It had no material impact on the economy, but instead, in distorting the Ph.D. to understand why you would use delivery of more energy efficient vehi- marketplace, I think we will do great a light bulb, how you use one, how cles into the marketplace. damage to our economy. much it costs, and what the value is. Someone somewhere suddenly de- Mr. President, how much time do I That is the classic example of an indus- cided: It turns out the car of the future have remaining? try that certainly doesn’t need a tax- is not an electric car, the car of the fu- The PRESIDING OFFICER. The Sen- payer subsidy. ture is really a hydrogen car. We must ator’s time has expired. Let’s recognize that all of this spend- have gotten that whole electric car Mr. SUNUNU. I ask unanimous con- ing—$250 million for lighting, $125 mil- thing wrong. Forget about that Part- sent for 1 minute. lion for a coal loan, $2 billion for MTBE nership for the Next Generation Vehi- The PRESIDING OFFICER. Without producers—is not money just being cle; it is really the hydrogen car, and objection, it is so ordered. printed out in a back room somewhere. we only need $2 billion to do it. Mr. SUNUNU. Mr. President, we can These are dollars that we are collecting I don’t know if hydrogen is going to do better than this legislation. Frank- from working families, men and women propel vehicles in the future. It would ly, we need to do better than this legis- who work very hard. We collect their be terrific if it did. I think the right lation because if we don’t, I am afraid Federal taxes and we have an obliga- way to get the answer is to let the if we adopt this conference report, this tion to be fiscally responsible and to do marketplace decide, to let competing will become the standard method of op- a thoughtful job in the way this money technologies and ideas in the market- eration, the standard way we approach is spent in Washington. place decide; put those ideas out, at- science, technology, and energy: That

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15257 we get together in a room in a con- $100 billion on tax credits and loan Act, and other protective laws. I do not ference or in a committee, and we sit guarantees to the oil, gas, and nuclear really understand it. Is boosting the down as Senators and we try to pick industries. How will all of those tax- profits of giant companies really more the winners and the losers; that we dis- payer dollars be spent? They will be important to the bill’s authors than tribute subsidies in the way of spend- spent on a long list of brazen give- the health of the American people? ing or we distribute—in some ways this aways to polluting uranium companies, Let us talk about just one of the rid- is even worse—subsidies in the way of Archer Daniels Midland, to MTBE pro- ers slipped in by House Republicans added complexity to the Tax Code. In- ducers, and for a smattering of goodies without a vote from either the House stead of ending up with an economy and pet projects. or the Senate. This was snuck in dur- that is robust, an economy that is the Taking care of special interests has ing conference. This rider amends the envy of the world, an economy that en- become a hallmark of this Congress. Clean Air Act, gives cities an easy out courages new ideas and innovation, we Peter Jennings highlighted it in a per- if they find meeting the new ozone end up with some sort of variant of fect example on the evening news the standard is difficult due to transbound- what has already been defeated in the other night. He reported that tax- ary pollution. It requires EPA to grant Eastern European countries and in the payers have so far contributed $1.3 bil- them an automatic extension. It does former Soviet Union—a manipulated lion to subsidize wealthy individuals not say for how long. It fails to define government-subsidized enterprise or who buy the biggest gas guzzlers sold the conditions that would precipitate government-run economy where bu- in America. As he pointed out, one cou- such an extension. reaucrats or elected officials try to ple received $17,000 in tax breaks on The result of this rider, of delaying pull the strings, but to no avail, de- their new SUV and boast: ‘‘We have de- implementation of the ozone standard grading the economy, making it less cided to take two extra vacations this for just 1 year, is severe. That rider is efficient, making it less robust, and year with the money we saved.’’ But estimated to cause 390,000 more asthma not discovering those very entre- for the energy they used, they pose a attacks, 44,000 of those in my State, preneurs we know are the heart and whole different kind of issue. 5,000 more hospitalizations, and 570,000 soul of the prosperity we enjoy. Why is the answer around here al- more missed schooldays. That is the re- Mr. President, I yield the floor. ways to hand over cash to rich people sult of just one of the many exceptions The PRESIDING OFFICER. The Sen- and successful companies? Can we real- carved out of our environmental laws ator from New Jersey. ly justify turning over the hard-earned by this bill. Mr. LAUTENBERG. Mr. President, I tax dollars of Americans, who do not Among my nine grandchildren, I have ask unanimous consent that following earn enough to benefit much from the two who are asthmatic. The rate of the statement of Senator KYL, Senator Bush tax cuts, to companies flush with asthma among juveniles is growing GRAHAM of Florida be recognized for 20 cash? substantially. I lost my sister to an minutes. Here is an issue that was announced asthma attack. It was obviously a dev- The PRESIDING OFFICER. Without August 1, 2003: ‘‘Chevron Quadruples astating event in our family’s history. objection, it is so ordered. Profits.’’ It goes on to say: Mr. LAUTENBERG. Mr. President, I To those who see kids with asthma get rise to join many of my colleagues in Oil giant Chevron Texaco increased quar- fatigued after participating in sports or terly profits four times to $1.6 billion. strongly opposing this Energy bill. The otherwise, it is the kind of anguish opposition is not reserved to only Their revenues soared to $29 billion that drives parents to all kinds of anxi- Democrats; the opposition is for those in the quarter. Do these companies eties. people who think about the implica- really sound as if they need Govern- The bill fails the American people on tions of this bill and the serious con- ment subsidies to do their job? Not to every level. It fails to boost our energy cerns it raises. me. security, it fails to safeguard elec- For one thing, it is terribly lopsided. We have the perfect opportunity to tricity consumers, and it fails to pro- It is out of balance. It is heavily guide the country toward clean, renew- tect the environment. weighted toward the industry because able energy. Yet most of the bill’s tax It is astounding to look at what this it was written by just a few select indi- credits for efficiency and renewables bill does not do. While automobiles ac- viduals with almost no conference last only 2 or 3 years. Any business per- count for a whopping 40 percent of our input by Democrats. son knows this is not a sufficient time Nation’s growing oil addiction, the bill The bill is an embarrassing example period to encourage significant invest- does not address fuel economy at all. of the public’s worst fears about Wash- ments and technology development. The bill comes at the very time when ington power politics, and those power We Americans have always set our- fuel efficiency has arguably never been sources are the oil and gas lobbyists selves apart by our ingenuity and cre- more important. America’s fuel econ- downtown. Though it is called the En- ativity. Today, amid an avalanche of omy is at a 22-year low. Today, the ergy Policy Act of 2003, this bill pro- promising scientific discoveries in the United States spends $200,000 every motes the outdated policies of a gen- field of energy, the majority can see no minute on foreign oil. But the eco- eration ago. It should be called actu- further than the lobbyists’ interests nomic costs of weak fuel efficiency re- ally the Energy Policy Act of 1903. The which this bill follows to the letter. quirements go far beyond just the cost policy here is simple: Drill for oil, drill Recently, I read that in Amsterdam, of oil. If we include the major oil price for natural gas, dig for coal. a major European chip manufacturer shocks of the last 30 years and the re- While the country needs oil, natural has discovered a new way to produce sulting economic recessions, the cost gas, and coal, we also need leaders with solar cells that will generate elec- goes up at least $7 trillion. a vision to promote clean sources of en- tricity 20 times cheaper than today’s Given these hard facts, one would ergy that won’t harm the health of our solar panels. ST-Microelectronics, Eu- naturally expect a national energy pol- children, our grandchildren, and future rope’s largest semiconductor maker, icy to aggressively pursue decreases in generations. It is the 21st century, and says that by the end of next year it ex- oil. It does not. Just the opposite. It we have the technology to do better. pects to have the first stable proto- generously promotes increases in oil According to the Congressional Re- types ready. If a decade ago we had use while tossing what I would call search Service, between 1948 and 1998 been serious about promoting renew- petty cash toward energy conservation, the Federal Government subsidized the able energy, that discovery could have energy efficiency, and renewable en- energy industry by well over $100 bil- been made by an American company, ergy. lion. Unfortunately, less than $1 in $10 but such breakthroughs are unlikely We never hear a word—and this has was used to promote renewable energy, with the minimal incentives offered in happened in Democratic as well as Re- that which you can find relatively eas- this bill for development of better ways publican administrations—about sac- ily and without the pollution that our to be less dependent on the energy rifice, conserve, think about what hap- present energy sources convey to the sources we have now. pens when more fuel is ground into public. It is also disheartening that this bill toxic emissions. It is terrible that we Now, in this single bill, we are being grants exemption after exemption to cannot understand there is a mission asked to spend another $50 billion to the Clean Water Act, the Clean Air attached to saving oil and gasoline use.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15258 CONGRESSIONAL RECORD — SENATE November 20, 2003 It is amazing what this bill fails to deal of talk, not just during this legis- ments in Alpine and the technology we do on electric policy. This bill contains lative session but in years previous: We have utilized to provide for the explo- only one of three provisions the coun- need to have an energy policy for this ration and development of oil up on the try must enact to prevent another country. We need to have the frame- North Slope. We want you to see the massive blackout such as the North- work for an energy policy. minimal impact to the environment, east experienced last August. We are It seems to me that so often what we and how technology has helped us to being asked to support a dirty Energy do is react to situations, whether it is advance. bill in order to get one of the funda- the blackout we experienced in August, I get a few takers, primarily in the mental regulatory reforms to our elec- or when the price of gasoline increases summertime. But I encourage you to tric grid system. I say the bad out- to a level where it gets our attention. come up in the wintertime. This is weighs the good, and I cannot support We only respond when there is some- when we do the production up there. I it. thing that gets our attention and fo- know that is kind of a chilly invitation Around here, it is often said that the cuses the Nation on energy. to some, but I think it would help to perfect is the enemy of the good, but I Quite honestly, most Americans understand what we are dealing with in say the bad far outweighs the good as don’t pay attention to energy. They Alaska, how vast our spaces are, and an alternative. don’t pay attention to how they get just how small of an area the Coastal The administration’s energy and en- their lights to turn on, or how we keep Plain of ANWR, the 1002 area, really is, vironmental policies reflected in this the temperature cool or warm. I have in comparison. bill are so utterly transparent in their said many times as I talk about en- I agree with those of my colleagues goal of more corporate welfare that the ergy, most Americans ascribe to the who would argue we cannot drill our consultant, Frank Luntz, warned the immaculate conception theory of en- way to independence from foreign oil. party: ergy: It just happens. We know that is They are absolutely right. We have to Watch your language— not the case. It doesn’t just happen. It have the incentives for renewable en- And here he is, the fat cat— takes innovation. It takes incentives. ergy sources. We have to have greater A caricature has taken hold in the public It takes capital. It takes the desire to technological efficiency. We have to imagination: Republicans seemingly in the do something. decrease our energy consumption. pockets of corporate fat cats who rub their But without the energy we have in Those efforts need to be part of this hands together and chuckle maniacally as this country, we would not have the comprehensive energy package. But we they plot to pollute corporate America for freedoms or the liberties we take for must also have increased domestic pro- fun and profit. granted—the ability to do what we duction. I suggest to you again, if you Unfortunately for many, that is no want, to go where we want to go. We are going to argue that we need to have caricature. From where I am standing, need to recognize that energy is some- energy security, if we want to reduce that picture is pretty accurate. If one thing that has built our country and our reliance on foreign oil, the first wants proof, look at this bill. It is made us strong. We need to continue place we should be looking is ANWR. filled with little but big breaks for with that sound policy. I believe the But I am not going to go into any those who need them the least. Yet conference report we have in front of further discussion about ANWR at this rather than change their policies, us is a good first step toward that time. You have certainly heard the de- Luntz offers them protecting language. sound policy. bate before. It will be an issue that we He wrote a memo to Republicans in- As I say that in very general terms, will revisit. We will continue to push structing them on how to use the lan- I have to start off that this is not my for opening ANWR. guage tested on focus groups to hide perfect bill. At the top of my list for an I want to take one more second to re- their deplorable environmental record. energy policy for this country would be mind folks that we had an opportunity This Energy bill is a great dis- the opening of ANWR. We don’t see here for over one million jobs across appointment. It might have been ac- that coming out of the conference re- the Nation, at a time when millions are ceptable at the beginning of the 20th port. Congress had the opportunity to unemployed in our country. But some century, but it is indefensible at the include language that would have gen- Members have declined to accept that beginning of the 21st century. erated over 1 million jobs for American offer. Instead, we are talking about ex- Mr. President, you know true patri- workers by allowing for oil and gas ex- tending unemployment benefits. otism is more than waving flags. It ploration on just 2,000 acres of Alaska’s I suggest to you that the unemployed means putting the interests of the North Slope. people in my State, if given a choice, American people before the powerful I know we tried to keep ANWR in the would certainly prefer to have a job special interests, the very thing this conference report. The chairman was than more unemployment benefits. Energy bill fails to do. I urge my col- working hard. But we were threatened But when we speak about jobs, I leagues to oppose this bill. with that constant threat of a fili- should not be talking exclusively in I yield the floor. buster. You can’t put ANWR in the En- the negative here because all is not The PRESIDING OFFICER. The Sen- ergy bill or it will be filibustered. It lost. We have an incredible opportunity ator from Alaska. seems a little ironic to be standing in Alaska with our natural gas. Several Ms. MURKOWSKI. Mr. President, I here tonight. ANWR is not in the En- very important provisions are included rise today to speak also to the Energy ergy bill yet we are still slowed in the in this bill that will promote the con- conference report. Unlike some of the task of getting to a vote on the Energy struction of a natural gas pipeline to previous speakers I listened to in the bill. transport the vast quantities of nat- past 2 hours that I have been in the The House adopted ANWR and want- ural gas that we have up on our North Chamber, I stand in support of the ed it in the conference report but there Slope, to bring it to market in the agreement that was reached in con- were continued objections, primarily lower 48, be it down the Alaska Cana- ference. It has been pointed out that from the environmental groups, that dian Highway or through LNG tankers this is not a perfect bill. I would be the have kept us and will keep us this year to the west coast. We have 35 trillion first to chime in and say I agree with from moving forward with jobs that cubic feet of gas up there now. that. But in an effort to achieve the truly could have been promised with You have heard Members in the perfect, I don’t think we should over- the opening of ANWR. Chamber talking about the fact that look the good in the conference report. I have made the invitation to the right now that gas is stranded up there. Because of the hard work of Chair- Senators here on the floor and I know Right now that gas is being reinjected man DOMENICI and his staff, working my counterpart, Senator STEVENS, has instead of being shipped down here to with the others on the conference made the effort to invite all Senators the lower 48, where we need it. We have agreement, and spending many, many to visit ANWR and see what this dis- provisions in the Energy bill to get hours to reach the consensus we have pute over opening the Coastal Plain of that gas where it is needed: We have before us, I think we can truly say this ANWR to oil and gas exploration is all guaranteed loans, expedited judicial is a good bill and a bill that should be about. We want you to see Prudhoe and environmental reviews, and a pro- signed into law. There has been a great Bay. We want you to see the develop- gram to train pipeline workers—again,

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15259 talking about the jobs aspect. The with what I have spoken to so far. But through the Energy bill that we will pipeline, if constructed, could provide we should be reminded about the other get there. over one million jobs, direct and indi- good things in the Energy bill that While I may suggest that Congress rect jobs, through the construction of apply throughout the country. has missed an opportunity on certain this pipeline alone. Authorized annual funding for the topics, such as ANWR, this bill does But the key here is, if this pipeline is Low-Income Home Energy Assistance offer new programs to improve our en- constructed, there are no guarantees. Program, LIHEAP, is increased from $2 ergy efficiency, increase the develop- We have done a great deal in this legis- billion to $3.4 billion. ment and use of renewable energy re- lation to encourage the construction of There is $550 million in grants for sources, and promote domestic produc- the line. biomass production, and it provides tion. There is one provision that generated money for communities under 50,000 in It doesn’t go as far as it could in re- a great deal of attention and focus but population to improve the commercial ducing America’s dependence on unsta- is not included. There would have been value of their biomass. ble foreign sources of oil, but it is the a production credit to ensure the eco- A couple of weeks ago, I stood on the beginning of a comprehensive energy nomic viability and provide a safety floor during the debate on the Healthy policy for this country. It is a policy net in the event the price of gas drops Forests legislation and I showed a pic- that has been lacking for many, many to very low levels. That is not included ture of Alaska Chugach Forest on the years, and one that I feel is badly need- in the legislation. Kenai Peninsula where as far as the ed. This is a huge project. People need to eye can see the standing trees are dead, I would like to take this opportunity understand how huge. This is a $20 bil- killed by the spruce bark beetle. With to thank Chairman DOMENICI and his lion project, 3,500 miles in length, 5 the help of grants that we are seeing in counterpart in the House, Chairman million tons of steel, delivering billions the Energy bill, those trees can be con- TAUZIN. I appreciate their hard work of cubic feet of gas per day to a nation verted into a biomass fuel providing a and their leadership. Again, this is not that is starved right now for natural new source of energy for low-income a perfect bill, but it is a good bill. I gas. And the situation is just getting communities. urge my colleagues to support its adop- worse. There is money for clean coal power tion so we can move forward with a It would be the biggest construction energy for those projects that dem- sound energy policy for the country. project of its kind in the country. It is onstrate the advanced technology that Thank you, Mr. President. I yield the floor. something that we can only imagine. achieves significant emission reduc- The PRESIDING OFFICER (Mr. When we imagine huge projects like tions. CHAMBLISS). The Senator from Wash- I need to point out that there has this, every now and again they take a ington. little bit of a boost to get going. What been discussion on this floor that Ms. CANTWELL. Mr. President, I we have done in the Energy bill is to through the Energy bill perhaps we are commend the Senator from Alaska for provide that boost, to provide the in- not putting enough focus on clean air, bringing up an important issue of jobs centives to encourage the construction. clean water, and concern for the envi- in this bill, because clearly one of the Again, what we are providing is ronment. We need to understand that key components that we in the North- grants to authorize training of the our environment is only going to be west are interested in is that this bill crews and workers who will construct helped. We are only going to get clean- might move us forward on an energy and operate the pipeline. er air and cleaner water when we have policy that would create jobs and di- We limit the period of time to bring the advanced technology instead of the versify Northwest power. a claim, if a claim should arrive, and old stuff we had in the past. Those When we ran into a drought in 2000 we expedite the claim so the project technologies might take some upfront and ended up having to go out on the doesn’t get bogged down in the courts. money. spot market and buy electricity, we We authorize the construction of the I know there are programs that have certainly were gouged by some manipu- pipeline. We have loan guarantees of up already been spoken about—such as the lated contracts. But one of the things to 80 percent of the cost of the project. clean schoolbuses—$100 million to ret- that could provide us some long-term It would be an $18 billion Federal loan rofit existing diesel buses with new pol- relief in the near term from future guarantee—probably the largest loan lution control technology, $200 million droughts and overreliance on the guarantee we have ever seen given to a in grants to replace older schoolbuses hydrosystem would be a natural gas project here in the United States. with clean alternative fuels and ultra- pipeline from Alaska down to the con- We have also included a 15-percent low sulfur fuel buses. tinental United States which would enhanced oil recovery credit for the Also, as has been referenced, there is help us in diversifying and protecting $2.6 billion gas handling plant that will funding for hydropowered automobiles against such incidents in the future. be required on the North Slope. that the President has made such a big But let us be clear. This bill doesn’t We have provided for accelerated de- push for. get the job done. The Alaska pipeline preciation on the project, again helping I might remind the body, though, that we have all talked about as it re- to provide that incentive which we that in order for us to make headway lates to natural gas doesn’t have the need to encourage construction of this on this particular initiative, it will in- framework within this legislation to line. crease the demand for our natural gas. move forward. This only happens, the jobs only Again, the imperative is to move for- I commend the Senator from Alaska come, if the construction happens, if ward with a natural gas pipeline. for focusing on job issues. I agree with we can get moving with the line, if we The bill contains language to make her that an energy policy must accom- convince the producers that it is time- permanent the United States’ commit- plish two things. It must set a policy ly, it is necessary, and that the demand ment to the energy security of Israel for us to get off our dependence on for- is there. I think we have established ensuring, if Israel is unable to inde- eign oil and again for America to have that the demand is clearly there. pendently secure its own supply of oil, an advantage in job creation as we I am going to be working with the that the United States will procure the move on a 21st century energy policy. State of Alaska and the industry to ex- necessary oil to meet Israel’s needs. But this bill does nothing to help us di- amine the options and to pursue those There is much in this Energy bill versify in the short term on natural possibilities as we push this project to that provides the incentives and the gas that is available to us in Canada completion. It is imperative that we in technology to move forward. We have and Alaska. It does very little to help Congress, through the passage of this language that will help in the rural us in the future with the hydrogen fuel bill, make our intent known that this areas of the nation—certainly those in economy which, it is estimated, could is a priority for the country. It is a pri- my State. Not only do we not have af- create 750,000 jobs over the next 10 ority for Alaska. But it must be a pri- fordable energy in parts of rural Alas- years. That is not just the kind of ac- ority for this Nation as well. ka, we don’t have any energy to speak tivity that would make us a leader in I have been talking about the Alaska of. We have a long way to go, but it is the United States; it is the kind of ac- component in the bill. We are pleased only with the assistance we are seeing tivity that would make us a global

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15260 CONGRESSIONAL RECORD — SENATE November 20, 2003 leader in the energy system of the fu- understand why they should get some turn 70 years of case law, protecting ture. sort of line item for bonds, for money consumers with just and reasonable I will take a few minutes to talk that needs to be borrowed for fuel effi- rates. about where we are with the Energy ciency when everyone else in the coun- I talked a little bit about the Clean bill and where we have been because try has had to do their own jobs, to Water Act. I don’t know that I have to yesterday I spent quite a bit of time turn out the lights and conserve. What go over that again, but I ask my col- talking about the overall aspects of the is so special about this particular res- leagues, why make every other busi- bill. Something of great concern to me, taurant? ness in America comply with the Clean being a member of the Energy and Nat- As far as the polluters, obviously, my Water Act? There are probably lots of ural Resources Committee, I wanted to colleagues have done a great job talk- other industries in the country; yet make sure, given the fact this bill has ing about the MTBE provision and the they have to comply—if they want to been drafted mostly in secret, starting fact that people who have been in- develop—with runoff standards. Yet we with the Vice President’s energy task volved with that product are seeking will let oil, gas, and coal companies off force. That left many Americans out of relief from being liable for cleanup. I the hook. They do not have to get a the process of understanding what the have heard from elected officials all permit anymore. administration’s energy proposal would over the State of Washington that they What is the price gouging that has be, which led to a conference report do not want to be the deep pocket. Cit- gone on in this legislation? It is signifi- that was done in secret by the Repub- ies have asked: Why is it that you are cant, and I will talk about that price lican Party. Yesterday I needed to going to let these particular polluters gouging because it is very important to spend my time talking about the var- in this bill off the hook and stick us understand. ious aspects of this bill in a com- with the cleanup cost of this particular I see my colleague from Florida, and prehensive way that would give my col- product? It is very unfair that that is I agreed to yield him some time. Would leagues a perspective of someone from the approach we would take. My col- the Senator like that time now? the Energy and Natural Resources league, the Senator from Illinois, and Mr. NELSON of Florida. If the Sen- Committee who has dealt with some of everyone else has been very articulate ator from the State of Washington the challenges and problems. on that issue. would yield. Clearly, this 2003 Energy bill is be- I am also amazed, as we look at the Ms. CANTWELL. How much time coming known as the bill about Hoot- other aspects of the bill, particularly does the Senator from Florida need? ers, polluters, and about the looting of relating to clean water and the Clean Mr. NELSON of Florida. Five min- America that has happened, particu- Water Act. Why would my colleagues utes. larly on the west coast, particularly in would want to say, under the Clean Ms. CANTWELL. I yield, from my my State. Water Act, this is legislation that half hour, 5 minutes to the Senator Americans are trying to understand would somehow say to any coal-pro- from Florida. this. I have had phone calls to my of- ducing, oil, or gas company producer in The PRESIDING OFFICER. The Sen- fice: I don’t understand. I understand the future under this bill, the 2003 En- ator from Florida is recognized for 5 conservation, I understand renewable ergy bill, that you do not have to com- minutes. energy, I understand incentivizing. ply with clean water runoff standards. Mr. NELSON of Florida. I rise in the What does Hooters have to do with an Why should they be exempt? I cannot Senate to tell the Senate that I have energy policy? understand that. You build a shopping concluded after studying this matter In this legislation we have included center. Guess what. You have to com- considerably that I will vote against green bond projects; that is, we would ply with runoff standards from the this Energy bill, and I will vote against help in the public financing of pro- Clean Water Act. If you build a hotel, the motion for cloture because I have posals to various developers in Colo- you have to comply with getting a run- concluded that it is clearly against the rado, New York, Iowa, and Louisiana, off permit and saying how you are interests of the State of Florida. with $2 billion in private bonds to build going to deal with runoff. Why? Be- I am going to try to point out two energy-efficient developments. I am for cause there are two sources of pollu- particular areas of the bill that violate energy efficiency, but last I heard tion. We have the source point pollu- what everyone should consider in sup- Hooters had its own airline, was doing tion and then we have pollution that porting the interests of the people of quite well and probably could borrow occurs from the runoff. We want to the State of Florida. This is a map of any money it needed to invest in en- control that. Florida with stars on it in dark colors. ergy efficiency. We are demanding every other busi- Each one of the dark-colored stars rep- I have small businesses all over the ness in America has to get a permit resents a hazardous material spill and State of Washington that got smacked when they go through development to an MTBE spill. There are 30,000 haz- with the energy crisis. They had to deal with runoff, to make sure we have ardous material spills in our State. conserve; they had to shut down. Em- clean water. But somehow we are going There are over 20,000 MTBE spills. ployees were coming up with all sorts to allow certain types of industries in In the dark of night, in a conference of creativity: nobody got to borrow the Energy bill, particularly oil, gas, committee that was closely controlled, money from the Federal Government and coal, to be exempt? What kind of a provision was inserted in this con- that would allow them to have a line policy is that? ference report that has come back to item in a bill that said specifically, The most famous person on this us for consideration, that all liability this project is for you. chart is Ken Lay. Why is he the most of the oil companies would be removed Broad tax credits for conservation famous person on this chart to people forever on any of the contamination programs in which all companies can in Washington State? My constituents that came as a result of those MTBE apply for some of the incentives to get want to know why, when they have spills. America to conserve—because con- been gouged with higher energy prices, That simply is not right. It is not servation is a great program, particu- why this man is not in jail. I don’t have right to wipe out the ability of 18 coun- larly in times of less supply—is a very a very good answer. ties and cities in Florida that are pres- good idea. But that is not what Hooters This bill is about pollution. It is ently contemplating suit to sue for got. This particular project, and the about special deals. It is about allow- those oil spills with MTBE, nor is it three others mentioned in this legisla- ing a part of our country to be looted, right that you would wipe out tion, specifically include a line item to allow special interests to stick their Escambia County’s present suit— for particular projects. What qualifies hands in the pockets of ratepayers. Escambia County, up here on the map, them? I find it very hard to explain to That is what I will focus on tonight. the cradle of naval aviation, Pensa- my constituents. I know there is a dai- This bill takes a drastic step backward. cola—that you would wipe out their quiri bar in and an energy efficient While complex to understand, it is present suit against the oil companies bowling alley and a movie theater and critically important for my colleagues because of the damage that has been everything else as part of this Hooters to know they cannot take the drastic done to the water supply from the restaurant development. But I don’t steps in this measure that will over- MTBE leeching.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15261 There is a lot in this Energy bill that whether they are going to be part of And my consumers are mad. They are I would like to support. There is a lot the policy discussion, whether States furious. They are furious that this En- in this Energy bill that I have helped have rights, whether the development ergy bill not only fails to recognize we put in and that I will continue to sup- along those coastal areas is going to go need stricter guidelines against market port, such as the incentives for wind through the normal process or whether manipulation to prevent that from oc- energy. That is certainly desirable. industry is going to be able to just run curring in the future, but somehow this There is a major Florida investor- roughshod over that. bill actually goes further in condoning owned utility that has wind energy in So I appreciate the Senator’s state- those acts by saying it is going to try other parts of the country. I want to ment. to preserve those Enron contracts re- help encourage that renewable source Mr. President, how much time re- sulting from manipulation. of energy. mains? Let me give you an idea of what con- But I cannot take the good parts of The PRESIDING OFFICER. The Sen- sumers have said to me. this bill and overlook the kinds of ator has 121⁄2 minutes remaining. One of my constituents writes: things such as this: wiping out any li- Ms. CANTWELL. Mr. President, I We are writing to express our extreme con- ability of oil companies for the harm will try to be brief to explain why I cern regarding our latest electricity bill. We they have caused to the environment. have a major objection to this legisla- have done everything in our power to con- tion as it relates to what we are doing serve, and that is reflected in our usage, Now, there is another major part I which has been down to a very minimal have considerable objection to, and or failing, I should say, to do to protect level. We have lived at this address since that is the coastal parts of this bill. consumers from the Enron price 1979, and we cannot continue to live in Sno- Under section 321, the Secretary of the gouging that has happened. I think it homish County because the electricity bills Interior will be given broad new au- is an amazing story. are almost greater than our mortgage pay- thority to grant leases, easements, or Some of my colleagues were on the ments. We are currently considering moving. rights-of-way on the Outer Continental Senate floor earlier today talking Another constituent writes: Shelf in areas where there is a morato- about how part of the California crisis I just received my bill today. I tried to pre- rium against oil and gas exploration. was that in California they did not pass pare myself before opening the envelope, but, It is the ‘‘Holy Grail’’ of Florida that on the cost of electricity to the retail guess what, I didn’t prepare myself 6,000 we do not want oil and gas drilling off side and somehow artificially sup- times enough because my bill was $800. pressed demand. They asserted maybe That’s absolutely crazy. We have lived at of our shores, not only for environ- this address for 23 years, and we have tried mental reasons but for an economic that would have worked everything our best at conserving. Where is it going to reason. We have a $50 billion a year out. end? tourism industry, a lot of which de- Well, let me tell you, in Washington So my constituents—and I could read pends on the pristine, sugary white State we paid the cost at the retail many more. I could tell you how the beaches that we have in Florida. level because we have a lot of public Everett School District in Snohomish The PRESIDING OFFICER. The Sen- power in Washington State. And we County ended up having a million-dol- ator’s 5 minutes have expired. had a drought. It was the second worst lar increase in their energy budget, Mr. NELSON of Florida. Mr. Presi- drought in the history of our State. It how small businesses have had huge in- dent, may I ask the Senator for 2 addi- just so happened when that drought oc- creases in their energy budgets. tional minutes just to complete my curred it was the same time that Cali- It includes the grocery industry in statement? fornia had deregulated, and the spot the State of Washington—everybody Ms. CANTWELL. Mr. President, I market was going crazy, and the Fed- knows that grocery stores operate on yield the Senator 2 additional minutes. eral Energy Regulatory Commission, slim margins and use a lot of elec- The PRESIDING OFFICER. The Sen- which has oversight of these issues, tricity. Do you know what they have ator is recognized for 2 additional min- was failing to do anything about it. said to me? ‘‘We are not going to build utes. But public power has a requirement another grocery store in Snohomish Mr. NELSON of Florida. I thank the that they have an obligation to serve. County because your rates are too Senator from Washington. So that obligation to serve meant they high.’’ Mr. President, I simply cannot sup- had to go find power somewhere. Now, And our rates are too high because port an Energy bill that suddenly eases they had reserves. They had alter- we continue to have to pay on Enron the process of permitting or weakens native plans. But they went to the contracts that Enron admitted they the Coastal Zone Management Act, marketplace to buy power and found manipulated. Why is it that we have to weakens the process of a State to ob- out the power was selling at exorbitant continue to pay on these contracts? ject to the Federal Government doing rates because of the deregulation that You would think that at least at a anything having to do with oil and gas happened in California and the fact minimum the Energy bill would take a leasing off of the coast or with regard that the Federal Energy Regulatory step forward and say: Let’s prevent the to the permitting process with regard Commission was failing to take action. kind of Enron manipulation from hap- to oil and gas pipelines. In fact, it got so bad in our State be- pening again. But we are not doing That is inimical to the interests of cause of the high rates that we had, in that. Florida and causes me to come down on the county I live in, 14,000 people basi- In this bill, originally Senator the side that even though there are cally lost their electricity that year. DOMENICI’s proposal, roundtrip trading lots of meritorious parts of this bill, We had a 44-percent increase in the dis- is prohibited. But there are other which I will continue to work for, at connect rate in Snohomish County, my things we proposed: basically making the bottom line, this is clearly not in home county, that year because of the sure people don’t dodge price caps; the interest of my constituency. high cost of energy. People could not making sure people don’t falsify de- So I thank the Senator for yielding pay their bills. mand schedules, like the load shifting so that I could state my position, after Now, I know some people think: Well, that happened in California; people a very deliberate consideration of this bad decisions were made by a company, who would go out of the region and complicated legislation. That is the and that may not happen again, or then sell power back into the region; way I will vote when these issues are somebody did not plan for enough obviously, under the scheme Fat Boy, brought up tomorrow. power in the future. But we all know people were hiding some of the energy I thank the Senator for yielding. now that Enron manipulated these supply that they had—all those things The PRESIDING OFFICER. The Sen- rates. They have admitted to manipu- are still allowed under this Energy bill. ator from Washington. lating the rates. The Federal Energy As much as my colleagues have tried Ms. CANTWELL. Mr. President, I Regulatory Commission has said they to articulate this on the floor, some- thank the Senator from Florida for his manipulated those rates. So we all how the other side of the aisle wants to solid statement about the challenges know what has gone on in those situa- ignore the reality: This bill is not deal- facing us in drafting an Energy bill. tions. But I don’t think America knows ing with the Enron manipulation The Outer Continental Shelf areas are that people in my State are still pay- schemes and blocking them from hap- somehow thrown up in the open as to ing on those manipulated rates. pening again. I don’t see, just on this

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15262 CONGRESSIONAL RECORD — SENATE November 20, 2003 issue alone—if there was nothing else Corp. (ENRNQ) used in California’s power FERC APPROACH DEFENDED in the Energy bill—why people would market. That was illegal, staff said, and all Observers shouldn’t necessarily expect the support this Energy bill because of this those companies should be forced to cough messages of the staff report and the commis- policy. up any related profits. Refunds due Cali- sioner’s discussion with analysts to be con- fornia for overpriced crisis-era power sales I ask my colleagues, I know it may sistent, a FERC spokesman said. could be increased. ‘‘The intent was to get an independent not seem to you like an issue because But the ‘‘D’’ in what one Wall Street ana- fact-finding analysis about whether Enron or it didn’t happen to your State, but find lyst has been calling ‘‘D-Day’’ turned out to any other company had the ability to manip- me a Member on the other side of the stand for ‘‘dirt’’: A lot of ugly stuff that will ulate the markets for power and gas in the aisle who would accept having a 50 per- make it hard for energy companies to con- western states in 2000 and 2001,’’ spokesman cent rate increase for their consumers, tinue claiming as they have that there Bryan Lee said. not just for 1 year but for the next 5 wasn’t much funny business during the cri- Chairman Wood wouldn’t try to influence years because that is what we are pay- sis, but which isn’t that horrible from a fi- the outcome of that investigation, nor does nancial or legal perspective for most of the the investigation reflect his opinion on the ing. And we are paying on those con- companies involved. matters, Lee said. tracts to Enron. I have a letter from a Reliant’s ‘‘churning’’ of the gas market, Still, a press release issued at the time of woman. I will not go into the details, for example, wasn’t illegal, FERC staff said, the report promised ‘‘tough action’’ from but she basically ended up losing her and the conclusion that the practice caused commissioners based on the report. Wood job and having to move to a different prices to rise required a leap of faith. The said that any doubts about FERC’s role as ef- area because of this. Reliant-BP trades may cause BP to wonder if fective ‘‘cop on the beat’’ should be dispelled. What is the real issue? These con- its trader rigged a higher bonus, but they Ms. CANTWELL. Enron is actually tracts have been manipulated. These had nothing to do with the soaring prices suing consumers across America. They that prevailed during the crisis. are suing consumers in my State, in rate are the increases. These are the FERC staff exonerated Williams Cos. numbers from 2002, but as I said, al- (WMB) from claims it manipulated the Cali- Washington, in Oregon, California, Ne- most a 50 percent rate increase in Sno- fornia gas market. And FERC commissioners vada, Idaho, in the Midwest, in the homish County where I live. Seattle said they were going to take some time to East. The States on this map, those are City Light had a 60 percent increase. decide whether their staff was right about States in which Enron is saying to util- So we are talking about real dollars the Enron-like trades being illegal. ities and to consumers and ratepayers: that my constituents are paying on During the public meeting, the stock I am taking you to court to make sure prices of several companies named in the in- these Enron contracts. you continue to pay on manipulated vestigation fell hard. Most recovered Thurs- contracts because really you are going Enron admitted they manipulated day and again Friday as the smoke cleared. contracts. They admitted that they to be the deep pocket for these energy MIXED MESSAGES weren’t just and reasonable rates and prices. FERC’s Donald Gelinas, who headed the in- that they used all these schemes. You It is just plain wrong. It is plain vestigation into market manipulation for wrong that that is what America is would think my utilities could get out the past year, presented his findings in the of those contracts. You would think well-attended public meeting. dealing with and that this particular my utilities could reform those con- After the meeting and a press conference, bill does nothing about it. tracts. In fact, I am amazed; the De- FERC Chairman Pat Wood and Commis- Since the beginning of these con- partment of Justice actually went sioner Nora Mead Brownell, the commis- tracts in my area, I have probably paid after Enron and got them to reform a sion’s two Republicans, held a password-pro- $700 on my own energy bill—$700 more contract as it related to a Federal enti- tected conference call with a select group of than I would have paid if we would Wall Street analysts. According to several of ty, the Bonneville Power Administra- have had normal rates. Here is a check those present, the commissioners conveyed from me. It is not really my bank. It tion, because they had the power of the the message that the staff findings weren’t DOJ behind them. But when my little that bad. obviously doesn’t have my bank num- utilities, which don’t have the Depart- According to one analyst on the call, the ber on there. But that is what I am ment of Justice working on their side, split approach makes sense, FERC wants to going to next pay to Enron because of tried to go to court and get those con- present a public image as a tough cop on the the fact that my utility can’t get out tracts reformed—no luck. They were beat so that states and the U.S. Congress of those manipulated contracts. My sent to the Federal Energy Regulatory support its push for advancing electricity de- utility can’t get out of those contracts. regulation. On the other hand, FERC doesn’t Commission, which got on a conference That is what everyone in Snohomish is want to scare away more investment from going to have to pay, $370 more, even call with Wall Street investors, told the decapitalized electricity sector, which is the Enron company and their interests, in desperate need of new transmission lines though we have already paid $796 more don’t do anything to negotiate and re- and will need more power plants soon in since the crisis began. form those contracts because basically some regions of the country. There is another example of a woman we are going to rule in your favor. ‘‘It was the typical thing they’ve been in Snohomish County, where I live, That is in a Wall Street Journal arti- doing—trying to please Wall Street at the who was trying to take care of her cle. I ask unanimous consent to have it same time they are trying to please Cali- mother. Basically, she got laid off from fornia, and they end up not pleasing any- Boeing. She got a utility bill for $605, printed in the RECORD. body,’’ that analyst said. There being no objection, the article nearly double the last bill she had. Her Brownell discussed the prospects for the mother got a bill for $747. Her mother was ordered to be printed in the commission’s decision—expected but post- RECORD, as follows: poned on Wednesday—on whether to abro- is on a fixed income. She only has $1,500 a month from Social Security, [From the Wall Street Journal, Mar. 31, 2003] gate long-term power contracts signed dur- ing the crisis. She said there are likely two and she is supposed to pay 747 of those POWER POINTS: SECOND THOUGHTS ON FERC’S votes against abrogation on the three-mem- dollars out to Enron to foot the bill for CALIFORNIA D-DAY ber commission, and that the commission manipulated contracts. And this body (By Mark Golden) will hopefully issue an order in the next cou- can’t do any better than to condone NEW YORK.—Even though the Federal En- ple of weeks, according to one analyst on the those contracts and further protect ergy Regulatory Commission’s big day on call, who took notes. California began Wednesday with a 400-page Brownell’s comments on the contracts them under this bill? It is amazing. It catalog of bad behavior by energy compa- were similar to what was said in the public is truly amazing. nies, the second look by Wall Street was that meeting, even if the latter tone was more as- So where are we on this problem and things weren’t so bad. suring to investors. this issue? Just look at what rate- FERC staff reported to Congress that Reli- Schwab Capital Markets energy stock ana- payers in my region have had to pay ant Resources (RRI) was significantly re- lyst Christine Tezak didn’t agree that the since 2001. The total my ratepayers sponsible for the high prices for natural gas commission has presented different messages have had to pay is $1.5 billion, over and in southern California in the winter of 2000– to different audiences. Instead, their discus- above the amount they otherwise 2001, which may have cost consumers billions sion with the analysts reflected the audi- would have had to pay in the North- of dollars. ence’s primarily financial concerns. Reliant and BP PLC (BP) did sham elec- ‘‘For Wall Street, the whole blame game west, all because they are stuck with tricity trades, the staff alleged, and dozens thing isn’t that interesting to us,’’ she said. long-term Enron contracts. It is unfair. of companies used trading strategies like the ‘‘We want to know what actions they took It is unjust. It certainly isn’t reason- infamous ‘‘Get Shorty’’ stuff that Enron and what it’s going to cost and when.’’ able.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15263 What is the problem with this legis- We know from the United States- to $24 billion? Well, obviously, there lation in front of us? Again, you would Canada Power Outage System Task were a lot of votes that needed to be say: That is an issue of manipulated Force interim report on the causes of gained and that is how we got to $24 contracts. You ought to go to court. the blackout that First Energy failed billion. You should figure out what the court to follow at least six voluntary reli- Maybe there is another formula. The has to say about those contracts. ability standards. The mandatory reli- administration only asked for $8 billion Actually, many of my constituents ability standards in this bill will en- in energy tax incentives. This is three did go to court. Snohomish County sure that utilities cannot ignore the re- times that amount. Maybe that is the PUD went to court. Enron turned sponsibility they each owe to main- new formula for compromise in a con- around and countersued. Basically, the taining the grid. It will go a long way ference committee. So that is not an court said: You don’t have standing toward keeping the lights on for mil- appropriate number. It is way out of here because this isn’t a decision before lions of Americans. bounds. It is too much of a burden on our courts. You have to go to the Fed- SMD delay, standard market design, American taxpayers for benefits that eral Energy Regulatory Commission. the Government knows best, a one-size- are dubious at best. They are the people who oversee these fits-all prescription for Federal domi- Tax credits are not the most efficient issues. nation at the expense of States and the way to set policy. They can be ineffi- So when they went to the Federal market: This had to be stopped in its cient and wasteful. We should use them Energy Regulatory Commission, they tracks before it cost consumers billions very sparingly. Tax credits distort the said: There is market manipulation, of dollars. market and cause individuals or busi- but we are not going to do anything The same bureaucrats who approved nesses to undertake unproductive eco- about it. And, frankly, it is a problem, the plan that brought blackouts and nomic activity that they probably but our report only is going to dem- skyrocketing prices to California, obvi- would not do absent the inducement. onstrate that there was manipulation ously, didn’t learn their lesson. They are, in effect, appropriations and we are not going to do anything. So we included a strong SMD delay through the Tax Code; they are a way So what we have had to do is really provision in the bill. The message to to give Federal subsidies, disguised as push on the fact that the Federal the Federal Energy Regulatory Com- tax cuts, to favored constituencies. Power Act says there should be just mission, FERC, is very plain: When Here are some examples of tax sub- and reasonable rates. Congress says no, it means no; and it sidies in this agreement: This bill further amends the Power says no rule before 2007. By that, we Section 45, renewable energy tax Act, and it basically says that these mean you cannot just slap another credit: Cost, $3 billion over 10 years. contracts should stand. It basically label on SMD, such as WMP, or use a The conference agreement extends and gives the contracts sanctity. It goes different legal basis, such as ‘‘just and expands the production tax credit for one step further than 70 years of case reasonable rates,’’ rather than dis- energy from wind and closed-loop bio- law and says: Even though the Power crimination, and then send the same mass. It also extends credit to new Act requires just and reasonable rates, straitjacket kind of a rule out the forms of energy, such as solar, open- we are going to guarantee these con- door. The same goes for standards of loop biomass, geothermal, small irriga- tracts. And FERC and the courts don’t conduct rulemaking, a supply margin tion, and municipal solid waste. This have to reform them ever, unless some- assessment test, or some other Federal provision includes energy produced how someone can prove that a failure Government regulatory scheme. from livestock waste and animal car- to do so is somehow contrary to the Native load: The current stormy de- casses—so save your Thanksgiving tur- public interest. bates over how wholesale electricity key. We are setting a whole new legal should move and be traded in this Energy-efficient improvements to ex- standard in this bill. We are failing to country will mean nothing if we cannot isting homes, $352 million, for 10 years. correct the Enron manipulations. We Energy-efficient new homes, $409 mil- are failing to give direction in a key guarantee retail customers, the fami- lies and businesses that pay their elec- lion, for 10 years. area of consumer protection. Not only Credit for energy-efficient appli- tricity bills every month, that when that, we are changing 70 years of case ances, $255 million, for 10 years. That is they flip the switch the lights will go law and saying it is OK to manipulate for washing machines, refrigerators, on. The native load provision that I contracts. and the like. It is time to defeat this bill which worked on with Senator DOMENICI Extend and modify the section 29 supports Hooters, polluters, and the guarantees Arizona’s transmission credit for producing fuel from non- Enron looters that are gouging Amer- lines will first be used to serve Arizo- conventional energy sources, $3.1 bil- ican ratepayers. nans and not just sold to the highest lion, 10 years. Often, companies that I yield the floor. bidder. These are some of the good claim this credit are not even energy The PRESIDING OFFICER. The Sen- things in the bill. They are all in the companies. There is one I have famili- ator from Arizona. electric portion of the bill that Senator arity with because Arizona tried some- Mr. KYL. Mr. President, I congratu- OMENICI D presented. thing similar. late Chairman PETE DOMENICI and his The bad comes from the Finance Alternative motor vehicles incen- staff for bringing a comprehensive En- Committee on which I also sit, pri- tives: Cost, $2.5 billion, 10 years. ergy bill to the Senate floor. It has marily in the form of tax subsidies. This agreement deletes a require- many positive features. Unfortunately, The conference agreement includes ment that was in the Senate bill I got on balance, the provisions he was not nearly $24 billion in tax incentives; in for a study. Why did I do that? We primarily responsible for, those that most are tax credits. I advise my col- found that the Arizona experience came out of the Finance Committee, leagues that the negotiating com- could have cost the State of Arizona are far too heavily weighted towards promise process here was a curious one. hundreds of millions of dollars. I want- subsidies and mandates and require The energy tax provisions in the Fi- ed to prevent that from happening that I respectfully oppose the bill. nance Committee this year totaled $15 here. We had a disastrous experience Let me first mention some of the billion over 10 years. The House tax in- with alternative fuel vehicle incen- good in the bill. This is the part that centives total $17 billion over 10 years. tives. This is a quote from the Arizona came out of the Energy Committee. Mr. President, you would think that, Republic when the Arizona Legislature First, on the subject of reliability, between $15 billion and $17 billion, repealed its alternative fuel program: since the year 2000, Congress has at- there is a fairly obvious number Lawmakers gutted the disastrous alter- tempted to pass mandatory reliability there—$16 billion might have been the native fuel vehicle program . . . in a volatile standards. For some time it has been compromise between the House and and dramatic House vote, ending a debacle known that the voluntary reliability Senate. That is not the way it works. that outraged taxpayers, panicked buyers, standards that currently exist were not The compromise between $15 billion and brought down one of the State’s most adequate. This point was brought home and $17 billion was $24 billion. Guess powerful politicians. in August with the blackout that hit who lost in the compromise? The The repealed law, incidentally, paid New England and the Midwest. American taxpayers. How did you get for up to 50 percent of the cost of a car

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15264 CONGRESSIONAL RECORD — SENATE November 20, 2003 equipped to burn alternative fuels. The Mr. REID. Mr. President, it is my un- ate were under the jurisdiction of the program could have cost Arizona $1⁄2 derstanding that we are expecting Sen- Environment and Public Works Com- billion if it hadn’t been repealed—11 ator GRAHAM as part of an order. mittee. percent of the State’s budget. When The PRESIDING OFFICER. Senator The pork was best summed up by proposed, the cost of the program was GRAHAM has 20 minutes under that Senator MCCAIN’s description of this projected to be between $3 million and agreement. bill: Leave no lobbyist behind. It is $10 million—less than 10 percent of its Mr. REID. I will speak for a few min- shameful that two-thirds of the tax in- true cost. So the question I wanted to utes until he comes. centives in this bill go to oil, gas, coal, study was, are we confident about the Mr. SCHUMER. Mr. President, will and nuclear energy. This is an invest- revenue estimates for our congres- the Senator yield? ment in the past, not an investment in sional provision? Mr. REID. I am happy to yield. the future. I have talked a little about some of Mr. SCHUMER. May I be put in line This bill will lavish more than $55 the good and a little about some of the after Senator GRAHAM? billion of taxpayer money on some of bad. Let me conclude by talking about Mr. REID. Will the Chair announce the wealthiest corporations in the the truly ugly. the schedule before the Senate as to world; namely, oil, gas, and coal com- Ethanol: The ethanol provisions of what speakers will appear. panies. It would be better if the compa- the conference report are truly re- The PRESIDING OFFICER. Senator nies were all U.S. companies, but some markable. They mandate that Ameri- GRAHAM is the last speaker under the of them are not even U.S. companies cans use 5 billion gallons of ethanol an- agreement, with 20 minutes. getting these benefits. nually by the year 2012. We use 1.7 mil- Mr. REID. I ask unanimous consent The most disappointing aspect about lion gallons now. For what purpose, I that following Senator GRAHAM, the this bill is its failure to enact a policy ask, does Congress so egregiously ma- majority be recognized if they desire, with vision. After pouring billions of nipulate the national market for vehi- and then following that, Senator SCHU- dollars into oil and natural gas, we cle fuel? No proof exists that the eth- MER have an opportunity to speak. need to invest in clean technology, in a anol mandate will make our air clean- The PRESIDING OFFICER. Without clean energy future. Sadly, this bill is er. In fact, in Arizona—and this is a objection, it is so ordered. more of the same old, same old. It en- critical point—the State Department Mr. REID. Mr. President, as we look dangers the environment; it does noth- of Environmental Quality found that around the world today, we see black- ing to help consumers; and it will not more ethanol use will degrade air qual- outs and we see wild price spikes in break our dependence on foreign oil, a ity, which will probably force areas in electricity markets. We see turmoil in dependence that jeopardizes our na- Arizona out of attainment under the the Middle East. We see global warm- tional security. Clean Air Act. Arizonans will suffer as ing caused by fossil fuel emissions. We Let’s start with the assaults on the a result. see air pollution that contributes to environment that are included in this Furthermore, according to the En- asthma attacks among our smallest bill. ergy Information Administration, this citizens—our children. We see our There have been hours of speeches given in the last 2 days of how it en- mandate, costing between $6.7 billion parks that are smog-ridden. We see all dangers our water supply by granting and $8 billion a year, will force Ameri- these things, and we realize the United MTBE producers immunity from cans to pay more for gasoline. Nor is States needs a national energy policy claims that the additive is defective in an ethanol mandate needed to keep the with a purpose and a vision. design or manufacture and by weak- ethanol industry alive. That industry We don’t need more of the same old ening the leaking underground storage already receives a hefty amount of the thing—more drilling, more burning, tank regulations. Federal largess. CRS estimates that more shortages, more blackouts, more the ethanol and corn industries have It allows large metropolitan areas to price spikes, and ever larger vehicles gotten more than $29 billion in sub- extend deadlines for ozone nonattain- with inefficient engines. We need a na- sidies since 1996. Yet this bill not only ment areas to comply with the Clean tional energy strategy that will pro- mandates that we more than double Air Act, and it relaxes regulatory re- tect our environment, provide a reli- our ethanol use, it provides even more quirements for energy production on able supply of electricity for our con- subsidies for the industry—as much as Indian reservations and public lands. sumers, and bolster our national secu- $26 billion over the next 5 years. It is beyond my ability to com- Professor David Pimental, of the Col- rity. prehend how anyone who is supportive lege of Agriculture and Life Sciences Instead, we get a $75 billion grab bag of tribal sovereignty, reservations, and at Cornell, has studied ethanol. He is a that I believe has serious problems economic development with our Indian true expert on the ‘‘corn-to-car’’ fuel with the three P’s—process, pork, and tribes could support this legislation. process. His verdict, in a recent study: policy. This bill also falls short of the real ‘‘Abusing our precious croplands to The process of this bill was fatally steps needed to guide America toward grow corn for an energy-inefficient flawed. The genesis of the bill, I be- energy independence. process that yields low-grade auto- lieve, was hatched in secret almost 3 For example, it is a great disappoint- mobile fuel amounts to unsustainable, years ago by the Cheney task force and ment to me that higher fuel efficiency subsidized food burning.’’ It isn’t effi- completed in secret just a few days standards have not been included in cient. The fuel is low-grade. And what ago. this bill. If all cars, trucks and sport is more, Congress, by going in for The usual policy—and we have tried utility vehicles had a CAFE standard ‘‘unsustainable, subsidized food burn- to live up to that—is the Senate does a of 27.5 miles per gallon, the country ing,’’ will impede the natural innova- bill, the House does a bill, and both would save more oil in 3 years than tion in clean fuels that would occur parties—that is the Senators from the could be recovered economically from with a competitive market, free of the Senate and Congressmen from the the entire Arctic National Wildlife Ref- Government’s manipulation. These House, Democrats and Republicans—sit uge. A comprehensive energy strategy ethanol provisions, alone, dictate that down together to try to work out an must include conservation, efficiency, I vote against the bill. arrangement. In this instance, the and expand generating capacity. So, Mr. President, in conclusion, ranking member of the committee, Certainly our Nation must promote while this bill includes several meri- Senator BINGAMAN, who was also the the responsible production of oil and torious provisions, especially those ne- former chairman of the committee, gas, but that doesn’t mean we should gotiated by Chairman DOMENICI, I must was not consulted. The first he saw the sacrifice the environmental protec- vote against it because of the $24 bil- bill was when it was printed. The dis- tions of our public lands. lion in tax subsidies and the bill’s irre- tinguished Senator from Vermont, the We can’t drill our way to energy sponsible manipulation of the energy ranking member and former chairman independence. America only has 3 per- markets through the Tax Code and the of the Environment and Public Works cent of the world’s oil reserved, but we ethanol mandate. Committee, Senator JEFFORDS, was not use 25 percent of the world’s supply. The PRESIDING OFFICER. The Sen- consulted, even though 100 titles of this This bill also fails to protect con- ator from Nevada is recognized. legislation that is now before the Sen- sumers.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15265 In the past few years, people in my ‘‘Clean Energy: Jobs for America’s Fu- of low prices of gasoline, the benefits home State and other Western States ture,’’ found that investment in renew- to the oil and gas industry—that will have experienced severe spikes in the able energy could lead to a net annual come from this bill. But we again de- price of electricity. The policies of the employment increase of more than clare war on our children because they past are not the answer. Like Dorothy 700,000 jobs in 2010, rising to approxi- will end up paying for it. in the Wizard of Oz, the solution is lit- mately 1.3 billion by 2020, and that Let me suggest what I think should erally right at our feet—under the each State would experience a positive be some goals of a reasonable, com- ground, in the wind around us, and net job impact. This is why we must be prehensive energy policy. These would emanating from the Sun. In Nevada bold. We must not cling to the fossil be illustrative of the kind of long-term and other Western States, we have the fuel technology of the past. We must goals that should be but, regrettably, potential to generate enormous explore and seize the potential of the are not the focus of this Energy bill. As amounts of electricity with geo- future. an example, my goal No. 1 was that we thermal, wind, and solar power. That is I opened my remarks a few minutes must take a long-term approach to en- why I am disappointed this energy bill ago by talking about all of the prob- ergy policy, establishing goals to reach does not contain a renewable portfolio lems we see if we look around the for the next 50 years with milestones standard requiring that a growing per- world today. But I also see much that for each decade to guide our progress. centage of the Nation’s power supply could be positive. I see renewable en- We cannot be the generation that sets come from renewable energy resources. ergy resources—the brilliance of the our national energy policy on a course I am proud that my home State of sun, the power of the wind, the eternal which will inevitably result in totally Nevada has adopted one of the most ag- heat within the Earth. And I see the depleting our domestic energy reserves gressive renewable portfolio standards good old American ingenuity to unlock by the time our grandchildren are of any State. It requires us to produce that enormous potential. adults. 5 percent of our electricity with renew- With a little bit of incentive and in- The United States is the model to the able sources, not counting hydropower, vestment, we can develop the tech- rest of the world. We should lead by ex- by the end of this year. In 10 years, the nologies to efficiently develop our re- ample, using energy conservation and goal jumps to 15 percent. We already newable resources. And as fantastic as efficiency measures. We should hus- have developed 200 megawatts of geo- it sounds, with the use of hydrogen fuel band our domestic reserves, particu- thermal power, with a long-term poten- cells, oil will eventually be phased out larly of petroleum, for times of inter- tial of more than 2,500 megawatts. as the primary transportation fuel. national turmoil. Utilities in Nevada have also signed If we choose to invest in energy effi- Goal No. 2: We must wean ourselves contracts to provide 205 megawatts of cient and renewable technologies, we from our unhealthy dependence on pe- wind power in 2 years, and an addi- will create thousands of new jobs, we troleum, both foreign and domestic. tional 90 megawatts is proposed. By will protect our environment, we will Current estimates show that the some estimates, we could potentially provide consumers with reliable United States is consuming between 19 produce more than 5,700 megawatts sources of energy, and we will bolster and 20 million barrels of oil each day. our national security. That is the vi- from wind power—meaning we could From the mid-1970s into the 1980s, use sion our Nation needs. That is the lead- of petroleum sharply dropped in the meet our entire electricity needs with ership we must provide. United States. I propose we return to geothermal and wind. So I wish this The PRESIDING OFFICER. The Sen- that path and aim to decrease the use bill included a Renewable Portfolio ator from Florida is recognized for 20 of petroleum by approximately 10 per- Standard. minutes. Thankfully, it does extend and ex- cent over the next decade, with the ul- Mr. GRAHAM of Florida. I thank the timate goal of finding a cleaner and pand the production tax credit on re- Chair. Mr. President, the Energy bill newable energy resources from wind more efficient way of operating auto- before the Senate today is the newest mobiles and expanding our transpor- and poultry waste to include geo- chapter in the book that we have been thermal, solar, and open-loop biomass. tation options such as high-speed rail. writing throughout this year. The title Goal No. 3: We must reduce our im- I have spent years fighting for this tax of that book is ‘‘At War With Our Chil- portation of foreign oil, which cur- credit, because it will give businesses dren.’’ This legislation would represent rently accounts for about 65 percent of the certainty they need to invest in another example of this generation the oil we consume. We must conserve geothermal and solar generating facili- taking the benefits of our profligate our current use of domestic oil and gas ties. We know the production tax cred- behavior and then asking our children in order to stretch their availability as it will work because it already has. and grandchildren to pay the cost. far as possible. With the benefit of the existing produc- This chapter begins with the addition Under current levels of extraction tion tax credit, wind energy is the fast- of over $30 billion in sanctioned appro- and projected levels of use, in approxi- est growing renewable energy source. priations and some $70 billion in au- mately 50 to 75 years, about the time In 1990, the cost of wind energy was 22.5 thorized appropriations. This will be our grandchildren will be our age, we cents per kilowatt hour. Today, with added to an already gigantic deficit. If will have exhausted our domestic pe- new technology and the help of a mod- it had been added to this year’s deficit, troleum reserves at current economic est production tax credit, wind is a it would have increased it by approxi- and technological levels of extraction. competitive energy source at 3 to 4 mately 7 to 8 percent. This cost will be This is not a new problem, it is one cents per kilowatt hour. I applaud the paid by our children. But this goes be- that has been pointed out to us for fact that wind, geothermal, and solar yond just adding to the financial bur- more than half a century. In 1946, energy will receive a production tax dens of our future. It adds to the vul- James Forrestal, then-Secretary of the credit of 1.8 cents per kilowatt hour. nerability of our children and grand- Navy, said this: I had hoped the bill would provide children—a vulnerability that will be If we ever go into another world war, it is geothermal and solar energy the same occasioned by the fundamental philos- quite possible that we would not have access 10-year tax credit that wind energy en- ophy of this legislation, which is to to reserves held in the Middle East. But in joys, but a 5-year credit is a good start. drain America first. the meantime, the use of those reserves The facilities to develop these energy There are some small vows to con- would prevent depletion of our own, a deple- resources are very capital intensive, servation and alternative sources of en- tion which may be serious within the next 15 and a 10-year tax incentive is needed to ergy, but the principle that lies behind years. fully realize our renewable energy po- this bill is to extract as much of our Secretary Forrestal’s statement is tential. national treasure as quickly as possible remarkable for a couple of reasons. Developing these renewable resources and to accelerate the date when we will First, he was looking far over the hori- will not only help consumers, it will have depleted our domestic source of zon, beyond the short term, and trying create thousands of jobs. And many of petroleum and other critical natural to see what would be happening over these jobs will be in rural areas that resources. the next 50 years. Second, he did not are desperate for economic growth. A Our generation gets whatever short- succumb to the mantra of independ- report from the Tellus Institute, term benefits—physical maintenance ence from foreign oil through draining

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15266 CONGRESSIONAL RECORD — SENATE November 20, 2003 America first. Rather, he viewed use of grid, we must gather data about the which is also ignored by this Energy foreign oil as a method of husbanding current state of reliability. bill. Any comprehensive Energy bill our domestic reserves. It is shocking to realize there is pres- that doesn’t commit to at least some This Energy bill, with its drain- ently no national reporting of outages, reductions in the emission of green- America-first policy, is a step back- which makes it difficult to determine house gases is not worthy of passage. ward from Forrestal’s policy. It will as- the scope of the problem and the range Furthermore, this Energy bill goes sure that we deplete our own resources of solutions. Electricity customers one step further and actually rolls in the near future. Forrestal sets the have the means to find information back important environmental stand- examples of the kind of policy we about the price of their electricity ards. One example of this is the exemp- should be making in this energy Bill should we have such national data. tion of the hydraulic fracturing process today. They do not have such an opportunity from the Safe Drinking Water Act pro- Goal No. 4: We must increase the today. tection for drinking water sources. I amount of renewable and alternative I propose that consumers should also have grave concerns about this action energy we use. This would include have the means to judge the reliability from public health, environmental, and wind, solar, hydro, geothermal power, of the system that provides them their legal perspectives. and municipal solid waste. It should electricity. Hydraulic fracturing is a means by also include clean coal and nuclear as Goal No. 7: We should reduce the im- which certain energy sources are re- alternatives to current fossil fuel use. pacts of the use of energy on our envi- trieved through the use of a heavy hy- Goal No. 5: We must eliminate our ronment. In the 1990s we proved that draulic process. The consequence of overreliance on a single source of the American economy could grow this is that after the useful materials power for electric energy generation. I while making meaningful progress to have been recovered, there is a signifi- am becoming increasingly concerned improve our environment. This means cant amount of water laden with mate- about our tendency to turn to natural we should not drill America first with- rials which contain potentially serious gas to solve all of our energy woes. out considering real conservation and carcinogenic and toxic substances. Clearly, natural gas has some signifi- real efficiency standards, as well as the There are potential serious con- cant advantages in terms of emission effects of such drilling on the depletion sequences for drinking water quality in reduction, but we as a nation, in my of our domestic energy reserves. It also areas where this hydraulic fracturing judgment, would be foolish to have means striving to reduce carbon emis- occurs. In many cases, the fracturing only a single or even a single dominant sions. fluids being pumped from ground water source of fuels for our electric supply. This bill does neither. It focuses, contain toxins and carcinogenic chemi- The National Association of State with laser-like precision, at giving big cals. Diesel fuel is a common compo- Energy Officials estimates that natural oil every item on its wish list while nent of fractured fluids. gas used for electricity generation will running roughshod over the rights of The Energy bill before this con- increase by 54 percent between 2000 and the States that depend on, for instance, ference permanently exempts the oil 2015 as new powerplants are built and healthy coasts for their economic secu- and gas industry from storm water pol- older plants are converted to natural rity. Section 325 weakens the consist- lution activities at construction sites. gas. ency guidelines of the Coastal Zone Since 1990, large construction sites In contrast, our friends in Europe are Management Act. have been required to control storm making great strides in expanding Currently, States have the right to water runoff in order to prevent pollu- their energy portfolios to include re- review proposed offshore projects and tion from entering adjacent waterways, newables. Denmark, for example, has a object if they find that these projects harming wildlife and impairing water plan to eventually generate about 20 are inconsistent with the State’s plans quality. percent of its energy needs from wind or policy. This Energy bill would im- The irony of this is that the Senate power. The United States should take pose severely restrictive guidelines and will soon consider the transportation serious steps to include all available deadlines for decisions appealing bill, the Surface Transportation Act. energy sources. One way to accomplish States’ consistency determinations. This act was amended in the Environ- this would be to establish a national The practical effect of this would be to ment and Public Works Committee to renewable portfolio standard. This sim- limit opportunities for States to com- mandate that States earmark at least 2 ple measure would go a long way in ment and provide important informa- percent of their highway funds to deal putting us on the path to a sustainable tion on issues which directly affect with storm water runoff. While we are energy future, by encouraging innova- their coastal zones. doing this to our public agencies, re- tion in renewable energy technologies Coastal States deserve to have a say quiring them to devote substantial and by increasing the demand which in the fates of their shores. This is the funds and attention to storm water would have the result of more efficient basis upon which the Coastal Zone runoff, we are permanently exempting production. It would create jobs in Management Act became law. This En- the oil and gas industry at its con- America for Americans. ergy bill includes provisions to get struction sites from doing so. Unfortunately, the Energy bill we are every drop of oil out of domestic re- Mr. President, I ask unanimous con- considering today ignores the renew- serves while refusing to improve CAFE sent for an additional 3 minutes to able portfolio outright, even though standards for SUVs. With advances in complete my remarks. Senator BINGAMAN’s amendment to technology, it is not difficult to im- The PRESIDING OFFICER. Without this effect was accepted by a strong bi- prove the efficiency of vehicles while objection, it is so ordered. partisan vote by the Senate conferees. providing the other features that driv- Mr. GRAHAM of Florida. Mr. Presi- Goal No. 6: We must provide Ameri- ers want. Yet this bill creates the like- dent, in the year 2003—this year— cans with a reliable electricity system. lihood that fuel efficiency standards smaller sites were to have been re- We all know that millions of people will continue to lag. We should resolve quired to adopt the same pollution con- were affected by the blackouts of this to move to at least the 35 miles per gal- trols which, since 1990, have applied to past summer. What we do not know is lon level for new cars within this dec- large projects. Under industry pres- how to prevent it from happening ade. sure, the EPA issued a 2-year extension again. I am pleased that this bill begins The National Academy of Sciences for the oil and gas industry. All other the process, although distressed that says this is a reasonable goal. If we sectors, including small municipalities, this bill does not go as far as the Fed- pursued this goal, we would lessen the still have to comply. This section of eral Energy Regulatory Commission impact of any oil interruption, we the Energy bill adopts a permanent ex- has recommended to give us greater re- would sharply reduce the amount of emption for all construction at oil and assurance about the avoidance of Au- money going to areas of the world gas sites, including those sites that gust 14 calamities in the future. where the cash might support undesir- held permits for over 10 years. But there is even a more basic step able activity, and, in addition, we These are only some of the examples we should be taking, and that is to ac- would also make a significant dent in of environmental rollbacks in this En- complish the goal of a reliable electric reducing greenhouse gases, an issue ergy bill related to clean water, clean

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15267 air, the National Environmental Pro- decade, up to 5 billion gallons by 2012. customers were disconnected from gas tection Act, and other important en- It will also reduce our national trade service last year than in 2001. actments designed to protect the envi- deficit by more than $34 billion, in- I have personally seen my own nat- ronment and the public health. crease the U.S. gross domestic product ural gas costs go from $4 an mcf to over The Energy bill we have before us by $156 billion by 2012, create more $8 an mcf. Projections indicate that today cannot guarantee Americans than 214,000 new jobs, expand household this winter could be devastating on the that their energy future is secure. Re- incomes by an additional $51.7 billion, elderly and low-income families who turning to the illuminating remark of and save taxpayers $2 billion annually are already struggling to survive. Yogi Berra, if we look at this legisla- in reduced Government subsidies due At a hearing last year, Thomas tion, we begin to get some sense of to the creation of new markets for Mullen of Catholic Charities and where we are headed. corn. In other words, we will not have Health and Human Services of Cleve- With this Energy bill, we have writ- to use the subsidies to farms to the land, OH, described the impact of sig- ten the next chapter in the book ‘‘War tune of $2 billion with this 5 billion gal- nificant increases of energy prices on On Our Children,’’ and it describes the lons of ethanol. those who are less fortunate. next battle: Drain America First, over- The benefits to the farm economy are He said: look conservation measures, ignore even more pronounced. Ohio is sixth in In Cleveland, over one-fourth of all chil- strategies to reduce depletion of do- the Nation in terms of corn production dren live in poverty and are in a family of a single female head of household. These chil- mestic reserves. and is among the highest in the Nation in putting ethanol into gas tanks. Over dren suffer further loss of basic needs as The residue of these outdated ideas their moms are forced to make a choice of will undoubtedly stain the future. Our 40 percent of all gasoline sold in Ohio contains ethanol. whether to pay the rent, or live in a shelter; children and grandchildren will live in pay the heating bill, or see their child freeze; An increase in the use of ethanol an America where water is more con- buy food, or risk the availability of a hunger across the Nation means an economic taminated, where air is further clogged center. These are not choices that any senior boost to thousands of farm families with pollution, where access to clean citizen, child, or for that matter, person in across my State. America should make. rivers and streams for drinking, swim- Currently, ethanol production pro- ming, and fishing will be diminished. Manufacturers that use natural gas vides 192,000 jobs and $4.5 billion to net as a feedstock are getting hammered The cost of this destruction is not farm income nationwide. Passage of only economic or environmental, it is due to the doubling and even tripling of this bill will increase net farm income their natural gas costs and are either societal. Future generations will be by nearly $6 billion. Passage of this bill forced to fix our mistakes instead of fo- leaving the country or closing their will create $5.3 billion of new private doors. cusing on a better tomorrow for their sector investment in renewable fuel children and grandchildren. Lubrizol, a chemical company lo- production capacity, and expanding the cated in Wickliffe, OH, which was at a For these reasons, I strongly oppose use of ethanol will also protect our en- this legislation and will vote no. manufacturers’ listening session that I vironment by reducing auto emissions conducted a couple of weeks ago, is The PRESIDING OFFICER. The Sen- which will mean cleaner air and im- ator from Ohio. moving part of its workforce to France proved public health. due to the tripling of natural gas prices Mr. VOINOVICH. Mr. President, I The use of ethanol reduces emissions rise today in support of the conference in Ohio. of carbon monoxide and hydrocarbons The president of Zaclon, Inc., a chem- report accompanying the Energy bill. by 20 percent. The use of ethanol also As I have often stated, we sorely need ical manufacturer based in Cleveland, reduces emissions of particulates by 40 testified earlier this year that in- to develop a long overdue comprehen- percent. The use of ethanol helped sive energy policy for our Nation. The creased natural gas costs have resulted move Chicago into attainment of their in loss of sales revenues and increased United States has a responsibility to Federal ozone standard, the only RFG total energy costs. develop a policy that harmonizes the area to see such an improvement. The president of one major inter- needs of our economy and our environ- In 2002, ethanol use in the United national pharmaceutical company ment. States reduced greenhouse gas emis- stopped by my office—a company that These are not competing needs. A sions by 4.3 million tons. That is the has 22,000 employees in the U.S.—and sustainable environment is critical to a equivalent of removing more than basically said: Unless you do some- strong economy and a sustainable 630,000 vehicles from the roads. thing about natural gas prices, we are Simply stated, this legislation is economy is critical to providing the moving most of these jobs to Europe. funding necessary to improve our envi- critical to our farm economy, espe- Due to the natural gas crisis, the ronment. We need to enact a policy cially in agricultural States such as Dow Chemical Company, which is that broadens our base of energy re- Ohio. We need to get this bill finished. headquartered in Michigan, will be We are in the midst of a natural gas sources to create stability, guarantee forced to shut down several plants, and crisis in the United States. Over the reasonable prices, and protect Amer- they are going to eliminate 3,000 to last decade, use of natural gas in elec- ica’s security. It has to be a policy that 4,000 jobs. tricity generation has risen signifi- will keep energy affordable. Finally, it The American Iron Steel Institute re- cantly while domestic supplies of nat- has to be a policy that will not cripple ported that an integrated steel mill ural gas have fallen. The result is pre- the engines of commerce that fund the could pay as much as $73 million for dictable: tightening supplies of natural research that will yield environmental natural gas this year, up from $37 mil- gas, higher natural gas prices, and protection technologies for the future. lion last year. The legislation we are discussing higher electricity prices. An east Texas poultry producer re- Home heating prices are up dramati- today is the key element in our effort ported that his poultry house heating cally, forcing folks on low incomes to to construct a viable energy policy. It bill jumped from $3,900 to $12,000 in 1 choose between heating their homes will provide a tremendous boost to our month, forcing him to decide between and paying for other necessities such economy, protect our environment, and paying the bank or the gas company. create hundreds of thousands of jobs. as food or medicine. Donald Mason, a commissioner of the High natural gas prices have resulted Let me say this again. Passage of this Ohio Public Utilities Commission, tes- in the permanent closure of almost 20 bill will provide a tremendous boost to tified earlier here in Congress: percent of the U.S. nitrogen fertilizer our economy, protect our environment, production capacity and the idling of and create hundreds of thousands of In real terms, the home heating cost this winter will increase by at least $220 per an additional 25 percent. jobs. household. That might sound not significant, The Potash Corporation, one of the There are four huge reasons that my but during the winter season of 2002 to 2001, world’s largest fertilizer producers, has constituents in Ohio need this bill: one gas company in Ohio saw residential announced layoffs at its Louisiana and Ethanol, natural gas, electricity and nonpayments jump from $10 million a year Tennessee plants due to high natural jobs. to $26 million a year. gas prices. The fuel title in this bill will triple As a result of these heating cost in- The company spends $2 million per the use of renewable fuels over the next creases, 50 percent more residential day on natural gas.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15268 CONGRESSIONAL RECORD — SENATE November 20, 2003 I could go on and on and on about the partment of Energy, and the North words, plants are shutting down be- natural gas prices. This bill is going to American Electric Reliability Council cause of the high cost of natural gas. provide more opportunity to increase what we need in order to prevent fu- This will produce more natural gas in the supply of natural gas and help ture blackouts. Their response was this country and take the heat off the limit the exacerbating needs for nat- overwhelming: Enact the provisions in rising cost of electricity in our coun- ural gas in this country because of the the Energy bill, especially the reli- try. fuel switching that is going on. The ability standards. I have heard a number of my col- end result is a drag on our economy. Finally, I want to talk about jobs leagues during the debate savage this Don’t take my word for it. Federal created by this legislation. The Energy bill, claiming it will devastate the en- Reserve Chairman Alan Greenspan has bill saves jobs. It will create nearly 1 vironment, that it gives oil companies testified before the Senate Energy million new jobs. The Energy bill will a free pass for MTBE contamination, Committee, the House Energy Com- prevent the loss of hundreds of thou- and that it contains porkbarrel funding mittee, the Commerce Committee, and sands of jobs, like the jobs lost in the for energy companies. Unfortunately, the Congressional Joint Economic manufacturing sector in the past 3 this rhetoric is just another example of Committee on the supply and price of years, in part due to high energy costs, the old adage, you cannot let the facts natural gas. He did it this year. He which I have discussed, and the dev- get in the way of good judgment or a stated: astating impact it has in my State, good argument. I will address a few of those most outrageous claims we have I am quite surprised at how little attention particularly manufacturing jobs, but the natural gas problem has been getting be- jobs in all sectors, including manufac- heard. The first complaint raised by many cause it is a very serious problem. turing, construction, and technology. of my friends is that the bill is bad for This Energy bill includes several pro- Where are these other jobs going to the environment. What are the facts? visions to increase domestic production come from? Natural gas and coal, more Here are the environmental benefits to of natural gas and to ensure that we than 400,000 direct and indirect new this bill. By promoting greater effi- have a healthy, vital fuel mix for elec- jobs will be created through the con- ciency and cleaner energy technology, tric generation. struction of the Alaska national gas the Energy bill will improve air qual- It is vitally important for us to finish pipeline, while at the same time bring- ity, reduce greenhouse gasses, protect this debate and pass this bill in order ing an affordable energy supply to the our natural resources, and provide a to relieve the pressure on our natural lower 48 States. America’s substantial cleaner, healthier environment for the gas supply. investment in clean coal technology American people. The Energy bill will This bill helps provide money for creates 62,000 jobs and ensures Ameri- reduce environmental impacts by im- clean coal technology and use a 250- cans new electricity that is abundant, proving energy efficiency, conserving year supply of coal. There are some reliable, affordable, and cleaner than energy, and improving air quality to people in this country who want to ever before; 40,000 new construction renew energy efficiency standards for shut down coal and force our utilities jobs created by the construction of ap- energy-efficient products such as con- to use more natural gas. This bill will proximately 27 large clean coal plants; sumer electronics and commercial ap- increase the use of coal using clean 12,000 full time permit jobs related to pliances. coal technology and take the pressure plant operation; 10,000 research jobs in It will provide tax incentives for en- off of energy companies fuel switching the fields of math, engineering, phys- ergy-efficient appliances, hybrid and to natural gas. ics, and science, with an estimated an- fuel cell vehicles, and combine heat Electricity is another issue for the nual salary of $125,000. A lot of the re- and power products. It will authorize people of Ohio. There has been a lot of search jobs will be created right in my $1.2 billion over the next 3 years for conversation here on the floor over the State of Ohio. weatherization assistance programs to last couple of days about the elec- The renewable fuel standard in the help low-income families to make their tricity title of the bill. Several of my bill will create more than 214,000 new homes more energy efficient and per- colleagues have talked about the need jobs and expand household income by manently reduce their energy bills. to prevent blackouts such as the one an additional $51.7 billion over the next And it will increase dramatically the we experienced in August. Let me say decade. LIHEAP money that we will need dur- that as a Senator from Ohio where the Building a first of its kind nuclear re- ing the next couple of years for the blackout was triggered, I know about actor to cogenerate hydrogen will cre- poor and the elderly so that they are the need to prevent more blackouts. In ate 3,000 construction jobs and 500 long- not literally out in the cold. fact, I held a hearing on this exact term high-paying, high-tech jobs. It expands the use of renewable en- topic this morning in the Oversight of A nuclear production tax credit will ergy, requiring the Federal Govern- Government Management Sub- spur the construction of approximately ment to purchase up to 5 percent of its committee. The electricity title in this four light-water nuclear reactors for a electricity from renewable sources and bill explicitly provides the Federal En- total of 6,000 megawatts of clean and encouraging the installation of solar ergy Regulatory Commission with the affordable energy. This construction panels on public buildings. It increases authority to establish and enforce with will create between 8,000 and 12,000 production of renewable energy re- penalties new national reliability jobs. Running the plants will create sources, such as geothermal on Federal standards that will be critical in help- 6,000 high-paying, high-tech jobs. The and tribal lands. It provides tax incen- ing to prevent future blackouts. Price-Anderson renewal in this bill will tives for production of electricity from For my colleagues who are having a protect 61,800 jobs and 103 plants na- renewable energy such as wind, solar, problem with this bill, I remind them tionwide. biomass, and landfill. that this title is so needed if we are Again, renewables, incentives for Under this bill, the tax credits in- going to prevent future blackouts. geothermal energy will bring between clude $5.6 billion of tax incentives for It also provides the Federal Energy 300 and 500 megawatts of clean and re- thermal and for solar energy. We are Regulatory Commission with new au- newable geothermal energy on line going to see, as many of my colleagues thority to site transmission lines, en- over the next 3 years that will create have asked for the last couple of years, courages utilities to invest in increased between 750 and 1,000 direct jobs and a lot more windmills and a lot more transmission capacity, and encourages between 7,500 and 10,000 indirect jobs. solar panels built as a result of this utilities to invest in new clean coal The fact is, this is a jobs bill. It will legislation. technologies that will allow more elec- also do something else: It will prevent It reduces the use of oil for transpor- tricity to be put into the grid without the loss of jobs. Mississippi Chemical tation. It authorizes over $2.1 billion increasing the pollution put into the and Yazoo City, MS, filed for chapter 11 for the President’s Freedom Car and air. bankruptcy protection in May due to hydrogen fuel initiatives to help reduce At the oversight hearing that I held financial losses attributed to the com- the use of oil for transportation needs. this morning, I asked the panel of elec- bination of depression in the agricul- This is a big issue in this piece of legis- tricity experts from the Federal En- tural sector and extreme volatility in lation. I have heard some of my col- ergy Regulatory Commission, the De- the domestic natural gas area. In other leagues say it will not do anything to

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15269 reduce their reliance on oil. I have al- liability claims and does not affect any H.R. 6. H.R. 6 contains several important ready talked about the contribution of claims that have been filed prior to provisions vital to the future of our indus- reducing reliance on oil in terms of re- September 5, 2003. In fact, at a hearing tries. Its passage will help expand renewable energy production and spur job growth in the newable fuels such as ethanol, but that I chaired on this topic in March of United States in the immediate future. We what it also does is invests substantial this year, we spent a significant ask that you support the bill and vote in money in fuel cells that need to be amount of time discussing current liti- favor of any cloture motion filed on the con- moved along in this country. gation going on in Santa Monica, CA. ference report. As a Senator and as cochairman of The facts in this case are pretty clear. What is the downside of promoting the auto caucus, I have been in auto- MTBE has contaminated the city’s clean-burning and renewable energy? mobiles powered by hydrogen and that water, and the city has had to undergo Aren’t these the same things that use fuel cells. This bill will start us on costly remediation to clean up the con- many have been attacking us for not the way to a situation where my chil- tamination. including in the bill? This criticism is dren, and for sure my grandchildren, In that litigation it is worth noting one more example of overheated rhet- will not be using oil to power their that the oil companies have paid mil- oric that, frankly, does not stand up to motor vehicles. We have to get on with lions and millions of dollars for the scrutiny. it and get serious. cost of remediation and to bring in If we do not pass this legislation, we It creates new markets for renewable uncontaminated water to that commu- will continue to see the hemorrhaging fuels for transportation such as eth- nity. I understand Santa Monica litiga- of jobs in America, especially in States anol and biodiesel to reduce the de- tion is moving forward. Most impor- such as mine, and we will lose all of the pendence on foreign oil. Expanding use tantly, this legislation will not change potential jobs that I have just outlined. of cleaner energy technologies is an- any aspect of that case. It will not This is the largest jobs bill we have other issue in this bill, and modern- cause any claims to be kicked out and seen on the Senate floor in decades. It izing our electricity grid with policies will most certainly not cause the case is my hope and expectation that the that promote the use of efficient dis- to be dismissed. Senate will pass it. These issues have tribution generation combined with Let me state this again: The safe har- been in front of us for far too long—far heat and power and renewable energy bor does not apply in cases such as too long. technology. It authorizes a 10-year this. It does not let the oil companies Last year, when this was brought up, clean coal power initiative to enable off the hook. It does not throw any liti- I spent 6 weeks on the floor of the Sen- the use of plentiful domestic coal re- gation out of court. And it does not ate debating the Energy bill. We fi- sources with fewer environmental im- give anyone a free pass. nally passed it in the Senate, and it pacts. Now, a number of my colleagues have died. It also improves the hydroelectric re- come to the floor during this debate This year, we started out for 2 or 3 licensing process to help maintain this and announced they will vote no on weeks and finally were able to enter nonemitting source of energy while this bill because this safe harbor provi- into a compromise with the other side preserving environmental goals. sion is contained in the fuels title. of the aisle and pass the bill that we The second complaint we have heard These Members are announcing they passed last year so it could go into con- about is it contains provisions that oppose the ethanol package purely for ference. give MTBE a free pass from any liabil- this reason. Cynically, I would like to We have worked very hard on this ity. Now, what are the facts? First of say that, in my opinion, such an an- piece of legislation. It is not perfect. all, Congress has considered liability nouncement is a statement that some There are people who have problems with it. But, overall, it is a very good protections in a variety of settings, in- of these Members have picked trial piece of legislation. The result of not cluding medical care and educational lawyers over farmers. institutions. This provision recognizes The third complaint that critics of passing it—God only knows what would happen. that when Congress mandates the use this bill have lodged against it is that For example, this morning, when I of fuel components and when those it contains unreasonable handouts for had the hearing with the folks who are components have been studied and ap- big energy and oil companies. What proved by the EPA, it is reasonable to trying to do something about the were the facts? blackout problem in this country, they disallow a case where the mere pres- The authorizations and tax incen- indicated the only salvation for them ence of a removable system fuel makes tives contained in the bill are geared to is this Energy bill. They said: Please it a defective product. The safe harbor promote the kinds of energy that our pass it, we need it now. provision is intended to offer some pro- friends across the aisle and on this side If we do not pass it now, then when tection to refiners that have been re- of the aisle are calling for. are we going to get to mandatory re- quired to use oxygenated fuels under The bill includes incentives for re- newable standards, with penalties, and the Clean Air Act. They are being re- newable energy—$5.6 billion worth— get on with making sure we do not quired to do it. We told them to do it. such as wind energy, solar energy, and have more blackouts in the United The safe harbor provision will not af- the use of biomass. As I mentioned, States of America? fect cleanup costs; it will not affect over 26 percent of all the tax incentives As I said, these issues have been in claims based on the wrongful release of in this bill go to renewable energy. front of us for too long. Now that we renewable fuel into the environment The bill includes incentives for clean- are so close to the finish line, I ask my such as a spill. burning natural gas production. colleagues to vote for cloture on this The suggestion is with the spills that The bill includes incentives for clean bill, prevent a filibuster that will hurt are going on, we will not be able to sue coal technologies. These are the tech- our economy, cost us jobs, and hurt our those people responsible. Anyone nologies that will allow utilities to environment. Most importantly—most harmed by a wrongful release would re- continue to use coal without con- importantly—we have never had an en- tain all rights under current law and tinuing to emit pollution into the air. ergy policy in this country. It is long would be able to recover cleanup costs The bill includes incentives for in- overdue. It is long overdue. We need to just as they do now. Those responsible creased energy efficiency and conserva- move on with this for the future of our for releasing oxygenated fuels will be tion. economy, for our environment, and for responsible for cleaning them up. I would like to read a letter that was our national security. Federal and State environmental sent to Senator DOMENICI. It is from Mr. President, I suggest the absence statutes such as underground storage the American Wind Energy Associa- of a quorum. tank laws will still apply if gasoline is tion, the Geothermal Energy Associa- Mr. SCHUMER addressed the Chair. released and gets into a well or con- tion, the National Hydropower Associa- The PRESIDING OFFICER. The Sen- taminates a drinking water supply. tion, and the Solar Industries Associa- ator from New York is recognized. Critics have charged that this bill tion: Mr. SCHUMER. Thank you, Mr. will throw all MTBE lawsuits out of Dear Senator, on behalf of the leading re- President. court. They could not be more wrong. newable energy trade associations, we are Mr. President, I appreciate that this The safe harbor only applies to product writing to urge your support for passage of debate is now coming to a close, and we

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15270 CONGRESSIONAL RECORD — SENATE November 20, 2003 will, evidently, vote on cloture tomor- and, two, what the bill does not con- if you want to subsidize the corn grow- row morning at about 10:30. It has been tain—neither of which makes me ers, do it. But not in this inefficient, a long debate. It has been a good de- happy. unfair, regionally slanted way. There- bate. I think it has been an elucidating What the bill contains: There are fore, I very much oppose the ethanol debate. I think the longer we debate some good provisions in this bill. I am provision. this bill, the more unfavorably it is not going to get up here and do a dia- My folks can’t afford another 4 to 10 looked upon by the American people. tribe against these little narrow things cents a gallon, likely to be 7 or 8 cents I would like to make one general that are there for everybody. There are a gallon. Gasoline is high enough. We comment about the process before get- a few in there for my State, too. I should be doing things to lower the ting into the substance of the bill. I think those sometimes are the grease price of gasoline. In that one fell have tremendous respect for my friend that makes good legislation move for- swoop, all the good in terms of trying from New Mexico, Senator DOMENICI. ward, but alone they are not enough to to produce alternative fuels will be un- He is a fine man. We have worked to- carry a bill, alone they are not enough done. gether on legislation. I think he works to justify a bill. Probably even worse in terms of its hard. I think he is dedicated. Some of the bad things contained in egregiousness, in terms of its arro- I have a very fond relationship with this bill, as well as some of the things gance, in terms of its nerve, its gall, is my former colleague from the House of that are so missing from this bill, the MTBE provision. Parenthetically, I Representatives, Congressman TAUZIN, make a complete case against the bill. say to my friend from Ohio who said it head of the House Energy Committee. To me, the two things that are in the doesn’t stop lawsuits, it certainly does. We came into the Congress together in bill that should not be, more than any- It doesn’t stop lawsuits if the little gas 1980. thing else, are the ethanol provisions station on the corner was negligent. But no matter who it is, you cannot and the MTBE provisions. But if you have lost your home to negotiate a bill with only two people in On the ethanol provisions, I would MTBEs, you are not going to get any- the room. Our ranking member from say this to my colleagues: We do have thing out of that little gas station. New Mexico, Senator BINGAMAN, was to find a substitute for MTBE. We do We know the only way that home- excluded. The Democratic side in the have to keep our air clean. And ethanol owners are going to get recompense House was excluded. But it was not just is a good way to do it. I am not against here. It is through the oil companies, the Democrats who were excluded; too, ethanol per se. What I am against is the producers of MTBEs. And those too many of the Members were ex- mandating ethanol for every region in suits are prohibited. the country whether it fits or not. Eth- cluded. So it is small comfort to the thou- Why is it that those of us in the anol would be a good standard to meet sands of citizens in Fort Montgomery Northeast, Democrats and Republicans, the oxygenate requirements in areas or in Hyde Park or in Plainview, NY, think this bill is so bad for our region where there is abundant corn and abun- different communities in different and our communities? Well, maybe it is dant ethanol manufacturing facilities. parts of our State who have lost use of because when you have a Senator from But in many regions of the country, water in their home. New Mexico and a Congressman from particularly on the coasts, there is not. This is not just some environmental Louisiana negotiating the whole bill, And there are better ways to meet the fetish. I have visited these homes. I there is not enough input from other clean air standards. feel for these people. Every time your parts of the country. Refiners in my area say that by The beauty of the system that the changing the blend and changing the child wants a bath or shower, you have Founding Fathers created—and that we method of refining, they can do just to get in the car and drive a mile. You have carried forward in our own fash- that without ethanol. And they will do must use bottled water. For most of ion 215 years later—is that it under- that to meet the oxygenate clean air the people I know—these are middle stood those things, and it understood standards. But this bill has the nerve— class people, not rich people—the value that we should not have a major bill that is the only way you can put it—to of their home has been it. All they negotiated by two people behind closed require them to buy ethanol anyway or have been able to do is save for their doors. at least buy ethanol credits. I have home, and it is gone. The fact that this bill is teetering on never quite seen anything like it. Now you say: Well, we are just going the edge of survival right now, I think, Ethanol is a very subsidized product after the oil companies because they in part, is because of the process by with many different types of advan- have deep pockets. Bunk. The bottom which it was constructed. I hope we tages. Corn growers get all sorts of sub- line is, the oil companies knew, the will not do it again. sidies. I am not against those subsidies. producers knew this was harmful. And If we should win our vote tomorrow, I think we need to have a farming com- here is the rub: They didn’t tell a soul. those of us who are arguing against munity. And just as we need dairy It is not simply that they didn’t cloture, I hope that the lesson will be farmers in New York, we need corn produce it, but they didn’t tell a soul. learned. I hope we will have real debate growers in the Midwest and other When they sold the gasoline with and real conference committees. places. But I wouldn’t dare require peo- MTBE to the gas station down the I also hope that, even here, we do not ple in the Midwest to buy some kind of street, they didn’t say: Be careful. make the same mistake of passing last dairy product made in New York for They didn’t say: If you sit on top of an year’s bill and then just saying, ‘‘Let it some other purpose. I might subsidize aquifer or a well, maybe you shouldn’t go to conference,’’ which was a mis- the product and say: Go out in the free use it. They didn’t say: Make sure your take, I think, made on our side as well. market and make it work. But I tanks don’t have leaks because this is The process works. It is long and wouldn’t force them to do it. This goes dangerous stuff if it leaks into the slow and laborious, but it works. a step beyond anything we have ever water. They didn’t say any of that. Again, a bill that has so many done in this Chamber. Had the oil companies, the MTBE goodies for so many people—that such If we wanted to help the corn growers producers, come clean and let people a bill should be teetering on the edge of and we are not helping them enough know that this might be harmful and extinction, I think shows we ought to through the Agriculture bill, then let that they ought to take remediation go back to the process, the open proc- the Government do it. But the ethanol the minute there is a spill and deal ess, the process that has Members of bill says to the traveling salesmen in with prevention so there wouldn’t be various parts of the country rep- upstate New York: You are going to do spills, we would not be asking that resented, the process of debate and re- it. It will raise the price of gasoline 4 they be sued. finement, because that ends up making to 10 cents a gallon in my area. The analogy is to the cigarette indus- better legislation. How can anyone in this Chamber ask try in the sense not that the product Now, I have a whole lot to say about those of us from the Northeast and the was harmful, not even that people this bill, but the hour is late. So I will West to impose that kind of gas tax on might have known it was harmful— just put my comments into two cat- our constituents? It is just unfair. It is that is probably true in each case—but, egories: one, what the bill contains; just wrong. I, for one, resent it. Again, rather, that it was kept secret. It was

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15271 concealed. People didn’t have the abil- tears of the person who ran it are real? part of Ohio dropped the ball. My view ity, the choice, to prevent the harm Do we give money to other businesses is simple. This ought to all be done not from occurring. that have closed down, the thousands by the electricity companies, which The suits have been successful. My in my State, because maybe our coun- have a dramatic interest against spend- friend from Ohio just mentioned the try has not done enough to defend ing the money to make the trans- suit in Santa Monica. Hundreds and them from unfair trade practices? No. mission wires work because that is not hundreds of suits like that will be But not only do we give this industry where they want to make money. It is stopped if we pass this legislation. $2 billion as recompense for closing not a cost that brings them a big rate I wish every one of my colleagues had down, but then we protect them from of return. We should turn that over to come with me to Fort Montgomery, a liability. This bill chooses those com- FERC and let them set the standards little community in the hills over- panies over tens of thousands of inno- and require the companies to meet it. looking the Hudson, a few miles south cent homeowners. It is an egregious de- This bill doesn’t come close to that. of West Point. The people there are cision, and it shall not pass—if we have Once again, a shot across the bow, so mostly retired soldiers, not generals, anything to do with it. close to us, and we do virtually noth- rather, they are captains and majors Those two provisions are at the top ing. The special interests—the South- and sergeants. It is a modest commu- of my list as the most egregious in the east doesn’t want to be part of a na- nity. They worked hard for their coun- bill. I will tell you what bothers me tional grid. Fine. They don’t want to try and they served their country. All just about as much. It is not just what give up any rights or be governed by they have is these little homes. And is in the bill, it is what is not in the rules that might be good for the com- look at their faces. They all gathered bill. As everybody who has come to the mon good. Fine. The grid provisions one fall afternoon on someone’s front floor to speak has said, we need an en- here, better than much of the bill, lawn and talked to me. They are lovely ergy policy in America. This bill is a leave so much to be desired and are em- people. They said: We don’t want any hodgepodge of little things, without blematic of this bill. The special inter- money; we are not suing for money. much of an energy policy. It is a stitch- ests say jump and the bill says, How This isn’t one of these lawsuits where ing together of a coalition of individual high? No energy policy. And the same they say, ‘‘Give us millions of dollars,’’ ideas. I like the tax deductions for the with the problems we have had with de- and claim some alleged damage. I don’t renewables. The reliability provisions regulation and the sale of electricity like those lawsuits. In fact, right now don’t go far enough, as far as I am con- out in California and in the West. I am we are trying to put together a class cerned, but at least there is a step for- not an expert on that, but my col- action bill that would make the law- ward there. But there is no real energy leagues from California and Wash- suits fairer. But the lawsuits were policy. ington State have talked about that. their recourse. The oil companies were Mr. President, 9/11 showed us many We are MIA. beginning to negotiate with them, ei- things, and one thing it showed us is So instead of a coherent energy pol- ther to put filters on their water or to that we have to be independent of Mid- icy, which the times cry out for, we help build a new system. dle Eastern oil. The best and quickest have a mishmash of goodies, of nods in If this bill passes, these people will way to do that is by some measure of the direction of the best parts of the have two terrible choices: Sell their conservation, and it is MIA in this bill. bill, and away from some very bad home at maybe the half the value it When China can pass CAFE standards things that hurt many parts of our was a few years back before MTBE more significant, more stringent than country. It is no wonder, Mr. President, that leached into their water supply, or our own, this country is headed for a editorial pages across the country have spend thousands and thousands and fall. If we cannot tighten our belts condemned this bill in a way we have thousands of dollars each year, each now, before there is a crisis, then some- not seen in a long time. There is vir- taxpayer, to build a whole water sys- thing is wrong with the way our coun- tually no division. Frankly, I have not tem. try is governing itself. Yet there is vir- seen one article, one editorial—I have Who is more to blame? The company tually nothing in terms of oil independ- probably missed it—that defends this that produced the MTBE and didn’t tell ence and conservation. Even the rather bill. The New York Times—probably people it was harmful, although they modest provisions that the Senator the leading liberal editorial page—and knew it, or these majors and sergeants from Louisiana put in the Senate bill the Wall Street Journal—the leading and captains who served their country are gone. Again, on issue after issue, conservative editorial page—I think on for years and have lost just about ev- that occurred—issue after issue after the same day said, ‘‘Don’t vote for this erything they have had? issue. bill.’’ And they are joined by about ev- That story can be repeated in many There is no real conservation meas- erybody in between. That is not just parts of New York and many parts of ures, at a time when we cry out. If you the media ranting and raving and not California and many parts of New ask experts what is most needed in understanding the realities, or being Hampshire and many parts of Iowa and terms of our energy policy, it is con- too much in their ivory tower, or on many parts of America. We should not servation. We can increase production, their high horse, which I will be the allow it to happen. and we can try to do experiments with first to admit happens all the time. As I said, I am not the leading advo- coal or nuclear or hydrogen or what- That is because there is something cate on our side of the aisle of lawsuits ever you want, but those are 10, 15 wrong with this bill. as a solution to everything. I would years down the road. We can talk about So it is my view that we are better much rather see government regula- the timetables. I disagree with my off going back to the drawing board, tion than lawsuits. But if there was friend from Ohio on that. The quickest open up the process, include the rank- ever a situation where lawsuits are jus- way to do it is by conservation. We are ing member from New Mexico of the tified, it is here. not doing it. committee, and include the members of What is infuriating is we are giving Then we have the blackout in the the committee, debate the bill even if the MTBE industry $2 billion for clos- Northeast. It cried out for a national it takes a few weeks. I guarantee you ing. My friend talked about the money grid to make our electricity system that we will get a much better bill. for LIHEAP. It is good that it is in the like our highway system, where the This bill is an overall negative for bill, but it is an authorization. Every Government has direct and fairly strict what it contains and for what it time we do the appropriations bill, we oversight of the means of transpor- doesn’t. We can and must do a lot bet- don’t come close to the authorization tation—in one case of cars, and in an- ter. If we defeat cloture tomorrow, we level. That is not real money. Put that other of electricity. And we do the will. $2 billion into LIHEAP, real money. most modest of steps—after we got a I yield the floor and I suggest the ab- But here we are, instead, giving it to huge warning. sence of a quorum. the MTBE producers for closing down. The report yesterday showed how lit- The PRESIDING OFFICER. The Do we give money to the little dry- tle oversight there is, how little coordi- clerk will call the roll. cleaner shop that has to close down nation there is. One energy company in The assistant legislative clerk pro- even though the blood and sweat and Ohio and one voluntary organization in ceeded to call the roll.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15272 CONGRESSIONAL RECORD — SENATE November 20, 2003 Mr. FRIST. Mr. President, I ask This is a huge challenge. We have ‘‘We’re poised to make an absolute leap, I unanimous consent that the order for begun to take some important steps to think. the quorum call be rescinded. address it, but we are a long way from ‘‘It’s really neat because you work so hard The PRESIDING OFFICER. Without to build something, a total department, and done. to see it come to fruition is just a great feel- objection, it is so ordered. f ing. Until now you’ve had that little stigma, f even though we knew we can compete. The TRIBUTE TO UNIVERSITY OF LOU- MORNING BUSINESS stigma’s gone.’’ ISVILLE ATHLETIC DIRECTOR After six years of unwavering effort by Mr. FRIST. Mr. President, I ask TOM JURICH athletic director Tom Jurich, the stigma is unanimous consent that there now be a gone. After some of the most skillful, steely period for morning business with Sen- Mr. MCCONNELL. Mr. President, No- and inspired personnel moves in recent col- ators permitted to speak for up to 10 vember 5, 2003, brought many reasons lege sports history reinvigorated football minutes each. for celebration in Kentucky. First, my and men’s basketball, the stigma is gone. friend, Ernie Fletcher was celebrating After a committed campaign to improve U of The PRESIDING OFFICER. Without L’s shady NCAA-compliance image, low- objection, it is so ordered. his victory in the gubernatorial elec- tion, making him the first Republican budget facilities and neglected non-revenue f sports, the stigma is gone. to hold that office in 32 years. The The news that U of L will leave Conference REGARDING SOUTH AFRICA’S NEW same day, the University of Louisville, USA in 2005 (at the latest) for the Big East HIV/AIDS POLICY my alma mater, was celebrating its ac- did not pack the focused emotional wallop of Mr. DASCHLE. Mr. President. I rise ceptance into the Big East Conference. beating UCLA in Indianapolis in 1980, Ken- to express my strong support for a de- On that day, my local paper, The Cou- tucky in Knoxville in ’83, Duke in Dallas in cision taken over the last several days rier-Journal, highlighted both of these ’86 or Alabama in Tempe in ’91. But those were ephemeral moments, followed (eventu- in South Africa. achievements on the front page—a ally) by hard times. This victory could have On Wednesday, South Africa’s cabi- great day to be a Republican and a Car- a permanent effect on exposure, recruiting, net approved a plan for government- dinal. finances and winning—if the Bowl Champion- sponsored HIV/AIDS treatment pro- The man who orchestrated U of L’s ship Series situation works itself out. grams. Though late in coming, the de- rise to the Big East is my friend, Tom That’s a significant ‘‘if,’’ but Jurich ex- cision had to be received as good news Jurich, the university’s athletic direc- pressed confidence that the new Big East by South Africa’s five million people tor. Since his arrival in 1997, Tom has won’t lose its place at the big table. And if infected with HIV. In a country where worked diligently to improve Louis- there is one thing Cards fans have learned to do, it’s to trust Jurich’s vision. 600 people a day die of complications ville’s athletic department. In recent ‘‘He really had to change the culture for from AIDS, this is a life-saving an- years, he has hired two outstanding six years to make this happen,’’ said senior nouncement. coaches, football coach Bobby Petrino associate athletic director Julie Hermann. Many of us feared we might not ever and basketball coach Rick Pitino. He ‘‘This is a benchmark, a defining moment.’’ see this day. In August 2002, I sat with also has secured U of L’s place as one The defining moments keep piling up for President Mbeki in Pretoria. His re- of the top athletic programs in the Jurich. The man who hired John L. Smith, Rick Pitino and Bobby Petrino now has sponse to the AIDS crisis in his coun- country. Tom’s hard work and dedica- try was disheartening, even dis- brought the entire athletic department up to tion should be commended. a level it has strived to reach forever. concerting. But he and his government I close by quoting Tom from the No- Jurich took over on Oct. 21, 1997. Yesterday have come a long way. vember 5, 2003 edition of The Courier- he jokingly said his first call to Big East We must be sure that we do our part Journal. He said: headquarters came the following day. In re- now, Mr. President. I gather that the ality he took a few months getting a grip on It’s a wonderful day to be a U of L fan. And Foreign Operations and Labor-HHS the U of L program, then put in a call to see it’s a wonderful day to be a Cardinal student- where the Cardinals stood. conferences have agreed to provide $2.4 athlete. But it’s a hell of a great day to be ‘‘It fell on deaf ears,’’ he said. billion in global AIDS funding for FY the athletic director at the University of 04. That is welcome and positive news. There is a cure for deafness: persistence, a Louisville. This has been a six-year work in plan and the power of Pitino. But it is still less than we promised the progress This puts us on a level playing field. ‘‘We just kept at it and kept at it,’’ Jurich world, and given that 16,000 people a This U of L alum is one happy fan, said. ‘‘And when we got Rick, I think the day contract this deadly virus we can- and I thank my friend for all he has possibilities became a lot clearer.’’ not afford to break that promise again done for the University of Louisville The possibilities could become crystal- next year. clear probabilities by 2005. Pitino is pointing Athletic Department. I ask unanimous for a Final Four-level season in 2004–05 and We will also have to take a look at consent that the following article from the assumptions that are underlying could move the Cards immediately to the top The Courier-Journal be printed in the of a 16-team Big East megaheap. Football our current AIDS policy. The President CONGRESSIONAL RECORD to document coach Bobby Petrino will be in his third laid out an ambitious emergency AIDS this historic day: ‘‘Under Tom Jurich, year, with a number of today’s young talents program for the 14 countries hit hard- Louisville’s star has risen in the East.’’ in starring roles. If the non-revenue sports est by this virus. With a robust preven- There being no objection, the mate- step up—most notably women’s basketball— tion and treatment program coupled rial was ordered to be printed in the U of L could enter the Big East on a serious roll. with aggressive recruitment, training RECORD, as follows: and retention of qualified medical per- The trajectory of Louisville’s climb grew [From the Courier-Journal, Nov. 5, 2003] steeper in recent years, but the gradual as- sonnel, we will make a difference in cent began decades before. This is a school those countries. UNDER TOM JURICH, LOUISVILLE’S STAR HAS RISEN IN THE EAST that once was a member of the Ohio Valley But this pandemic is moving. While Conference, just another regional athletic (By Pat Forde) we act aggressively in these 14 coun- program in a state owned by Big Blue. This tries, we cannot afford to maintain just At 10 o’clock yesterday morning, a wrin- is a school that once gave away football the status quo in the countries who are kled Big East Conference banner was tickets with a tank of gas at convenience threatened with the next wave of this stretched across a table in Kenny Klein’s of- stores, a school that once had non-revenue fice at the University of Louisville. crisis. Recent studies in India suggest facilities that would embarrass some high The worst-kept secret in college athletics schools. that the epidemic in that one country was literally—and finally—on the table. Wel- ‘‘It’s been a slow progression, but this is a could match if not overwhelm the suf- come to a banner day on Planet Red. great day for the athletic department,’’ U of fering we have already seen in Africa. Klein, the associate athletic director for L trustee and 1970s basketball hero Junior In China, government mismanagement media relations, is in his 21st year at U of L. Bridgeman said. ‘‘It’s not a culmination, just and poverty are contributing to an ac- He has been a loyal soldier through the glory the next step. But it’s a great time, and ev- celeration of the pandemic, and eastern and the gory—from an NCAA championship eryone should share in the joy.’’ Europe and Russia are seeing alarming to NCAA probation, from the Fiesta Bowl to Said Charlie Tyra, a basketball star from 1–10. He ranks yesterday among his very rates of infection that threaten to the 1950s: ‘‘This is another step in the direc- proudest days on the job. tion they want to get. Hopefully, this is the overwhelm the weak health care infra- ‘‘For the whole, encompassing factor of the big step.’’ structures in those tenuous democ- athletic department and university, it’s as It’s big enough to say that Louisville is racies. big as anything we’ve done,’’ Klein said. now officially Big. Big enough for the Big

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15273 East. Big enough for the big boys of college cares about the Kentuckians with as a medic and then as a pilot, before athletics. Big enough to have something Big whom she interacts. In 2003, Mona was losing his life in Iraq. Chief Warrant Brother in Lexington lacks: membership in recognized for exemplary performance Officer Smith’s exemplary career in what will be the best basketball conference as secretary to the State director. For the National Guard, his commitment going. This is a league big enough to find on the past several years, she has also do- to his family, and his sense of duty at- every map. Trips to Hattiesburg, Bir- nated her time and energy to coordi- test to his character as an outstanding mingham and Greenville are out. Philadel- nating the United Way Combined Fed- American. phia, Washington and the Big Apple are in. eral Campaign for the agency and suc- As I stand before you today to honor It’s big enough to find every March. As re- cessfully reaching the Rural Depart- a fallen patriot, I would also like to use cently as 1994, Louisville was playing in the ment goals. this opportunity to extend my deepest Metro Conference Tournament in the Mis- Mona brings the same enthusiasm sympathies to Chief Warrant Officer sissippi Coast Coliseum in Biloxi. Now it has and energy to her life outside of work. Smith’s loved ones. While we share signed on to play its league tourney on the their grief, we cannot possibly fully un- most famous hardwood in the world at Madi- An active member of Broadway Chris- son Square Garden. tian Church, Mona served as secretary derstand their sense of loss. We owe It’s big enough to keep a football coach for her Sunday school class and co- them a debt that can never be repaid happy. U of L lost the two best it ever had— coordinator for God’s Pantry. She and I know they will be in the thoughts Howard Schnellenberger and John L. taught a self-improvement class at the and prayers of many Americans Smith—because of conference affiliation. Women’s Federal Prison Camp, bring- CWO4 Bruce A. Smith has entered Today Petrino, a star-in-the-making, be- ing a positive influence and an opti- the ranks of our Nation’s great patri- lieves he has everything he needs to chase mistic outlook to those who need it ots, and his courage, his dedication to what had been unattainable: a national duty, and his sacrifice are all testa- championship. most. Schnellenberger, Denny Crum and Bill For two decades, she has been a dedi- ments to his status as a true American Olsen vaulted Louisville athletics forward cated employee of the Kentucky Rural hero. Let us always remember Chief dramatically in the 1980s and early ’90s. That Development State Office. Mona con- Warrant Officer Smith’s service to our shouldn’t be forgotten today when meas- tinually proves to be a positive influ- Nation. uring how far the Cards have come. But by ence in both her workplace and her I also speak today in honor of a fel- the time Jurich arrived, the school’s isola- community. I ask each of my col- low Iowan and a great American, SGT tionist athletic stance had outlived its use- leagues to join me in thanking Mona Paul F. ‘‘Ringo’’ Fisher, who recently fulness. Vannatter for all that she has done for gave his life in service to his country As the conference landscape had begun to as part of Operation Iraqi Freedom. On change, U of L hadn’t changed with it. Hog- her community, the commonwealth of ging TV and postseason revenue and pipe- Kentucky, and this great Nation. November 2, 2003, the helicopter in dreaming of football independent status f which Sergeant Fisher was riding was wasn’t helping make the Cards an attractive forced to make a crash landing about modern program. In fact, it nearly cost them HONORING OUR ARMED FORCES 40 miles west of Baghdad after being membership in C–USA at a time when, as Mr. GRASSLEY. Mr. President, I rise struck by a shoulder-fired missile. Ser- Jurich pointed out, ‘‘Louisville needed Con- today in honor of a fellow Iowan and a geant Fisher sustained multiple inju- ference USA much more than Conference great American, CWO4 Bruce A. Smith, ries in the crash, which ultimately led USA needed Louisville.’’ who recently gave his life in service to to his death 4 days later on November Today Louisville is easily the most vi- his country as a pilot in Operation brant, viable and attractive school in the 6, 2003, at the Homburg University league. And in 2005 it will commence aiming Iraqi Freedom. Chief Warrant Officer Klinikum in Homburg, Germany. Ser- even higher. Smith was killed on November 2, 2003, geant Fisher is survived by his wife You want billboard material? You’ve got after his helicopter was attacked by a Karen, his stepson Jason, his mother it. Louisville might not be the Best College surface-to-air missile 40 miles west of Mary, his sister Brenda, and his broth- Sports Town in America, but it’s a better Baghdad in central Iraq. He is survived er David, as well as numerous other one today than it ever has been. by his wife Oliva, his 15-year-old family members, friends, and loved Before the official announcement yester- daughter Savannah, his 12-year-old son ones. day, Klein stood at a podium in the U of L Nathan, his sisters Carol and Brenda, I ask my colleagues in the Senate football complex, preparing to make intro- ductions. Someone flipped a switch, and be- and his brother Brian, as well as nu- and my fellow citizens across our great hind him a projection screen rolled up. merous other family members, friends, Nation to join me today in paying trib- Behind the screen was the Big East banner and loved ones. Our deepest sympathies ute to Sergeant Fisher for his bravery, that had been sitting on the table in his of- go out to the members of Chief War- for his dedication to the cause of free- fice earlier in the day. The symbolic wrin- rant Officer Smith’s family and to all dom, and for his sacrifice in defense of kles had been ironed out. And as the screen those who have been touched by his un- the liberties we all so dearly prize. The rolled up, Klein couldn’t help but smile. timely passing. selflessness of a soldier is unmatched f Our Nation’s strength resides in the in the history of human endeavors, and hearts of the men and the women who mankind knows no greater act of cour- TRIBUTE TO MONA VANNATTER serve in its defense. The liberties we age than that displayed by the indi- Mr. MCCONNELL. Mr. President, I prize and the freedoms we cherish vidual upon sacrificing his life for his rise today to honor Mona Vannatter. would not exist if it were not for those countrymen, their liberty, and their On December 31, 2003, Mona will be re- who courageously risk their lives while way of life. tiring after 20 years of service at the serving in our Nation’s Armed Forces. Although we honor Sergeant Fisher Kentucky Rural Development State Of- Although our history books are filled as a fallen patriot, we must also pay fice. with the names of those great patriots special tribute to his loved ones whose Raised in Anderson, IN, Mona grad- whose actions defined our Nation’s grief we share, but whose sense of loss uated from Ball State University with founding, and although we stand in awe we cannot possibly fully understand. an associate’s degree. However, in 1978, of our fathers and our grandfathers for My deepest sympathy goes out to the she moved to the Bluegrass State with the heroism they displayed during the members of Sergeant Fisher’s family, her husband, Steve, and their two great wars of the 20th century, from to his friends, and to all those who daughters, Kristi and Sheri. Though a time to time we are reminded that men have been touched by his untimely Hoosier by birth, Mona is a Wildcat at and women of such stature can still be passing. Although there is nothing I heart. found defending our Nation and our can offer that will ever compensate for In 1983, Mona became the secretary way of life. their loss, I hope they will find some to the State director of the Kentucky Today, we pay tribute to one such comfort in the thoughts and prayers of Rural Development State Office. Since man, CWO4 Bruce A. Smith. Chief War- a grateful Nation who will be forever in that time, she has proven to be a dedi- rant Officer Smith enlisted in the Iowa their debt. cated and talented employee. Her col- Army National Guard as a senior in Our national history is filled with or- leagues praise her as a wonderful rep- high school, serving his Nation with dinary men and women who sacrificed resentative of the office who genuinely distinction for more than 23 years, first their lives in service to our country.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15274 CONGRESSIONAL RECORD — SENATE November 20, 2003 An avid student of history, Sergeant honor he received last Saturday in giver, might bless me so that I might live to Fisher enjoyed learning about the he- Hyde Park in New York was among the see that day. roes who preceded him, especially highest. He was honored with The I congratulate the other exceptional laure- those who brought our Nation through Freedom from Fear Award by The ates, and I am proud to be their colleague. I am proud to be numbered with the previous the great wars of the 20th century. It is Franklin and Eleanor Roosevelt Insti- Four Freedom recipients. thus with great solemnity that we tute. The award is named for one of the Franklin Delano Roosevelt—ah, the voice! today pay tribute to SGT Paul F. Four Freedoms—freedom of speech, I can hear it. I can hear it yet as it wafted ‘‘Ringo’’ Fisher, who has himself at- freedom of worship, freedom from its way through the valleys, up the creeks tained heroic status, having joined the want, and freedom from fear—in Presi- and down the hollows in the coal camps of ranks of our Nation’s greatest patriots dent Roosevelt’s famous State of the Southern West Virginia. That voice—there and history’s most courageous souls. Union Address to Congress in 1942, a was nothing like it. Franklin Roosevelt was a man of tremendous courage. A leader of f few weeks after the Second World War uncommon vision and optimism. An orator SENATOR ROBERT C. BYRD, FDR, began. The award also harks back to of compelling passion. He looms large, oh so FREEDOM FROM FEAR, AND FDR’s First Inaugural Address in 1933, large, in my boyhood memory. I grew up in COURTING YOUR GIRL WITH AN- in which he rallied the Nation from the the home a of coal miner. I married a coal OTHER BOY’S BUBBLE GUM depths of the Great Depression with miner’s daughter. I thank her today for her the famous words, ‘‘The only thing we guidance, her advice, her constant con- Mr. KENNEDY. Mr. President, it is have to fear is fear itself.’’ fidence in me that she has always shown. an honor to take the floor now to join In his address accepting the award, Studs (Terkel), I tell you how I won the hand of that coal miner’s daughter some 66 all Senators on both sides of the aisle Senator BYRD emphasized the impor- in extending our warmest birthday years ago. We had in my high school class a tance of renewing our dedication to the lad named Julius Takach. He was of a Hun- wishes to the Senator who in so many Nation’s ideals in the very difficult ways is respected as Mr. United States garian family. His father owned a little store times we face today, when the tempta- down in Cooktown, about 4 miles from Senate by us all, our friend and emi- tions are so great once again to put Stotesbury, where I grew up. And each morn- nent colleague from the State of West aside our freedoms in order to safe- ing, Julius Takach would come to school Virginia, Senator ROBERT C. BYRD. guard our security. As Senator Byrd with his pockets full of candy and chewing Senator BYRD is 86 years young said so eloquently, in a lesson each of gum from his father’s store’s shelves. I al- today, with the emphasis on ‘‘young,’’ ways made it my business to greet Julius us should hear and heed: because he truly is young in the same Takach at the schoolhouse door upon his ar- best sense we regard our Nation itself Carry high the banner of this Republic, rival! And he would give me some of that else we fall into the traps of censorship and as young, inspiring each new genera- candy and chewing gum. I never ate the repression. The darkness of fear must never candy. I never chewed the chewing gum. I tion to uphold its fundamental ideals be allowed to extinguish the precious light of of freedom and opportunities and jus- proudly walked the halls of Mark Twain liberty. High School to see my sweetheart as the tice for all. Senator BYRD’s address in Hyde Park classes changed, and I gave her that candy Senator BYRD’s personal story is the also contains a very beautiful and mov- and chewing gum. Now do you think I told very essence of the American dream, ing passage about the person who has her that Julius Takach gave me that candy born to a hard life in the coal mines of been his lifelong best friend and strong- and that chewing gum? Why, no! Studs, West Virginia, rising to the high posi- that’s how you court your girl with another est supporter all through these years, tion of majority leader, a copy of the boy’s bubble gum! the coal miner’s daughter he married Constitution in his pocket and in his The stock market crashed in October 1929. 66 years ago, his wife Erma. heart, insisting with great eloquence I was 12 years old. I had $7 that I had saved I wish them both many, many happy and equally great determination, day up selling the Cincinnati Post. I had that $7 returns on this special day, and I ask in the bank at Matoaka, West Virginia. The in and day out, year in and year out, unanimous consent that Senator bank went under, and I haven’t seen my $7 that the Senate, our Senate, live up to BYRD’s extraordinary address on re- since. I struggled to find my first job work- the ideals and responsibilities that ceiving the Roosevelt ‘‘Freedom from ing at a gas station during the Great Depres- those who created the Senate gave us. sion. I was 24 when the Japanese bombed Fear’’ Award be printed in the RECORD. Washington, Adams, Jefferson, Madi- Pearl Harbor. There being no objection, the mate- son, Franklin, Webster, Clay, Cal- I can remember the voice of President Roo- rial was ordered to be printed in the houn—they each live on today in Sen- sevelt on the radio in those days. His voice RECORD, as follows: carried over the crackle and static of my ator ROBERT BYRD, and they would be COURAGE FROM CONVICTION family’s old Philco set. President Roosevelt proud of all he has done in our day and understood the nation. He understood its his- I thank Ann Roosevelt and William ‘‘Bill’’ generation to make the Senate the tory. He understood its character, its ethos. vanden Heuvel (the Great!) and the Board of Senate it is intended to be. He understood the Constitution. He re- the Roosevelt Institute for this distinct, On a personal note, I am always very spected the Constitution. unique honor. I also thank my colleague, a touched on this day in remembering In Marietta, Ohio, in 1938, President colleague sui generis. Yes, Senator Hillary the unusual coincidence that Senator Franklin Delano Roosevelt said: ‘‘Let us not Clinton came to my office and she said that be afraid to help each other—let us never for- BYRD was born on the same day as my she wanted to be a good senator. And she get that government is ourselves and not an brother Robert Kennedy and in the said, ‘‘How shall I do it? How shall I go about alien power over us. The ultimate rulers of same year as my brother, President it? I want to work for the people of New our democracy are not a President and sen- Kennedy, and was married on President York. I want to be a good senator.’’ And I did ators and congressmen and government offi- say, ‘‘Be a work horse, not a show horse.’’ Kennedy’s birthday. cials, but the voters of this country.’’ Presi- She took that to heart, and she has been a In the many years we have served to- dent Roosevelt was right. fine senator. She has never forgotten that gether, he has taught me many thins Especially in these days, when we find our- admonition. She has been a good senator and about the Senate, especially how to selves in dangerous waters, I remind the na- I am delighted to be here in her state this count votes. He did me one of the big- tion of President’s Roosevelt’s charge: the morning. This is an extraordinary award, for government is ourselves. I have called on my gest favors of my life, although I did which she recommended me so graciously. colleagues in Congress to stand as the Fram- not feel that way at the time. On that I am humbled to be deemed a practitioner ers intended. occasion over 30 years ago, we were of President Roosevelt’s great vision. I am each certain we had a majority of proud to be associated once again with my I saw them tearing a building down democratic votes. We couldn’t both be friend and quondam colleague, former Sen- A group of men in a busy town With a ‘‘Ho, Heave, Ho’’ and a lusty yell right, and Senator BYRD was right. All ator and Senate Majority Leader George They swung a beam and the sidewall fell. these years later, like so many others Mitchell. Ah, what a shame, as we have wit- among us, I still learn from his elo- nessed the lowering of the Senate’s stand- I said to the foreman, ‘‘Are these men quence whenever he takes the floor and ards. And how proud I would be to be able to skilled? vote for a great federal judge to grace the The type you would hire if you had to reminds the Senate to be more vigilant Supreme Court of the United States, George build?’’ about living up to our constitutional Mitchell. I would have no doubt that he He laughed, and then he said, ‘‘No indeed, trust. would honor this Constitution of the United Just common labor is all I need; Senator BYRD has received many States of America. And I hope that, I trust I can easily wreck in a day or two, honors in his brilliant career, and the that, the Great Physician, the Great Law- That which takes builders years to do.’’

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15275 I said to myself as I walked away, mand confidential financial records egories to current hate crimes law, ‘‘Which of these roles am I trying to play? from car dealers, pawn brokers, travel sending a signal that violence of any Am I a builder who works with care, and real estate agents, and other busi- kind is unacceptable in our society. Building my life by the rule and square? nesses, and to prohibit the business Today marks the fifth annual Am I shaping my deeds by a well-laid plan, Patiently building the best I can? from disclosing that the records have Transgender Day of Remembrance and Or am I a wrecker who walks the town been sought or obtained. this year, we mourn with 37 families Content with the labor of tearing down?’’ There is no requirement that the FBI who lost their loved ones to That’s what we see today. I call on my col- demonstrate a need for such records. It antitransgender violence. My home leagues to stand as the Framers intended, as need only assert that the records are State of Oregon has also lost a citizen a check against an overreaching executive. I ‘‘sought for’’ an intelligence or ter- to this form of hatred. In August 2001, have urged the people of America to awaken rorism investigation. Nor are there suf- Lorenzo ‘‘Loni’’ Okaruru died after to what is happening and to speak out ficient limits on what the FBI may do being savagely beaten about the head against those who would tear down the fab- with the records or how it must store and face with a blunt instrument. De- ric of Constitutional liberty. To speak out, them. For example, information ob- tectives believe that the crime was for it is the duty of each citizen to be vigi- lant to what his or her government is doing, tained through NSLs may be stored most likely committed by a man who and to be critical, if need be. It is not unpa- electronically and used for large-scale picked up Okaruru, who he thought triotic to speak out. It is not unpatriotic to data mining operations. was a women, and was angered to find ask questions. It is not unpatriotic to dis- Congress last expanded the FBI’s out Okaruru was a biological male. agree. Speak out, lest the right of dissent, NSL authority in October 2001, as part Law enforcement officials believe that the right to disagree, be trampled underfoot of the comprehensive antiterrorism Okaruru was killed because of his sex- by misguided zealotry and extreme partisan- package known as the USA PATRIOT ual orientation and gender identity and ship. Act. Incredibly, the Intelligence Com- I have been in Congress now close to 51 have classified the crime as a hate years, longer than any other person—out of mittee forced passage of this latest ex- crime. The Portland community and 11,707 individual persons who have served in pansion without consulting the Judici- civil rights groups rallied together to the House or Senate or both—with the excep- ary Committee, which oversees both denounce this horrible crime. tion of two. And I have never seen such ex- the FBI and the implementation of the I believe that Government’s first treme partisanship; such bitter partisanship; PATRIOT Act. Indeed, the Committee duty to defend its citizens, to defend such forgetfulness of the faith of our fathers, is in the midst of holding a series of them against the harms that come out and of the Constitution. Never have I seen oversight hearings on the PATRIOT of hate. The Local Law Enforcement the equal of what I have seen in these last Act, including the very provision that Enhancement Act is a symbol that can three years. But let us not fear. The individual mind re- has now been significantly modified. become substance. I believe that by mains an unassailable force. The individual What is even more incredible is the passing this legislation and changing voice can inspire other to act. A single act of fact that this very provision is the tar- current law, we can change hearts and bravery can lead an army against great odds. get of sunset legislation that I and minds as well. At a time when dissent is labeled unpatri- other members of the Judiciary Com- f otic, the strength of a single individual can mittee, both Democratic and Repub- give hope to the hopeless, voice to the voice- lican, have introduced. There is no CONSEQUENCES OF THE NO CHILD less, power to the powerless. doubt that we would have meaningfully LEFT BEHIND ACT FOCUS ON ‘‘The iron will of one stout heart shall STUDENT TESTING make a thousand quail. A feeble dwarf, and thoroughly explored further expan- dauntlessly resolved, will return the tide of sion of the NSL authority had we been Mr. FEINGOLD. Mr. President, this battle, and rally to nobler strife the giants given the opportunity to do so. month public school students around that had fled (Martin F. Tupper, 1810–1889).’’ This is what the new law has done. Wisconsin are sharpening their No. 2 During these troubled times, the legacy of Under the PATRIOT Act, the FBI was pencils and settling in to take a series Franklin Eleanor Roosevelt is not forgotten. permitted to use NSLs to obtain of annual tests called the Wisconsin Again, I thank Ann Roosevelt and the inimi- records from banks and other similar Knowledge and Concepts Examina- table William vanden Heuvel (the Great!), tions. These exams, given to students and the Board of the Roosevelt Institute for financial institutions if they were this great honor. I thank again my protege ‘‘sought for’’ an intelligence or ter- in grades four, eight, and ten, test stu- in whom I have great pride, Senator Hillary rorism investigation. Now the term ‘‘fi- dents’ knowledge of reading, language Clinton. And I thank each of you here this nancial institution’’ has been expanded arts, math, science, and social studies. morning. This day has inspired me to carry to include a host of other businesses These tests—and their results—have on with new energy. that have nothing to do with the busi- taken on new meaning for schools I close with words from President Roo- ness of banking, and the term ‘‘finan- around my State as students and sevelt’s first inaugural address: ‘‘[T]he only cial record’’ has been expanded to in- teachers in Wisconsin settle into their thing we have to fear is fear itself—name- second school year under the No Child less, unreasoning, unjustified terror which clude any record held by any such busi- paralyzes needed efforts to convert retreat ness that pertains to a customer. Left Behind Act. This law, the center- into advance.’’ The FBI has long had the power to piece of the President’s domestic agen- If I may be so bold as to add, let us take obtain this sort of information, wheth- da, requires that students in grades courage from conviction. Carry high the ban- er through a judicial subpoena or a three through eight and in one high ner of this Republic, else we fall into the search warrant. But with the stealth school grade be tested annually in trap of censorship and repression. The dark- amendment of the NSL authority, the reading and math beginning in the ness of fear must never be allowed to extin- 2005–2006 school year, with annual guish the precious light of liberty. FBI can now obtain a vast amount of May we remember the words of the Scrip- personal and highly confidential infor- science tests to be added 2 years later. ture (Proverbs 22:28): ‘‘Remove not the an- mation without obtaining court ap- Thus, Wisconsin will be required to ex- cient landmark, which thy fathers have set.’’ proval, and without any other inde- pand the WKCEs, and the already-ex- f pendent check on the validity or scope isting annual third grade Wisconsin of the inquiry. The privacy rights of all Reading Comprehension Test, to in- EXPANSION OF NATIONAL SECU- Americans have been compromised as a clude new reading tests for students in RITY LETTER AUTHORITY IN IN- result. grades five, six and seven; and new TELLIGENCE AUTHORIZATION f math tests for students in grades three, ACT FOR FISCAL YEAR 2004 five, six, and seven. Mr. LEAHY. Mr. President, yester- LOCAL LAW ENFORCEMENT ACT As I travel around Wisconsin, I hear day saw passage of yet another exam- OF 2003 time and again from frustrated par- ple of this Administration’s secret ef- Mr. SMITH. Mr. President, I rise ents, teachers, administrators, and forts to further expand secret powers of today to speak about the need for hate school board members about their con- the FBI. The FBI can now use National crimes legislation. On May 1, 2003, Sen- cerns with the ongoing implementation Security Letters, NSLs, which do not ator KENNEDY and I introduced the of the NCLB. I began to hear such com- require approval by a court, grand Local Law Enforcement Enhancement ments more than 2 years ago when the jury, or prosecuting attorney, to de- Act, a bill that would add new cat- President first proposed his education

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15276 CONGRESSIONAL RECORD — SENATE November 20, 2003 initiative, and this drumbeat of con- on their transcript and it doesn’t count schools are offering prizes to students cern has increased as my constituents toward a grade or graduation.’’ And who show up and complete their exams. continue to learn first-hand what this what if a student had a bad day? Or These prizes range from movie tickets new law means for them and for their what if the required amount of stu- to gift certificates for a local mall to students and children. While Wiscon- dents don’t take the tests, and the big ticket items such as a television sinites support holding schools ac- school fails to meet the 95 percent par- and a DVD player. Some schools are of- countable for results, they are con- ticipation rate required by the NCLB? fering exemptions from end-of-semes- cerned about the focus on standardized A missed participation rate 2 years in a ter exams for students who do well on testing included in the President’s ap- row would mean that the school is ‘‘in the WKCEs. One elementary school is proach. need of improvement,’’ even if the stu- promising students additional recess I opposed the President’s education dents who took the tests did well on periods, snacks, and movies. One teach- bill in large part because of this new them. er told my staff that her school is al- annual testing mandate. The com- In addition, some of my constituents lowing students to engage in one of the ments I have heard from people across are concerned about the value of these ultimate school no-nos chewing gum in Wisconsin about this new program tests to students, parents, and teach- the classroom in order to help to re- have been almost universally negative. ers. According to one teacher, the ex- lieve the stress of taking the tests. Parents, teachers, administrators, and isting tests don’t have any meaning to I will ask that the complete text of others in the education community students and have little meaning to the two articles that I have referenced have told me that they are concerned classroom teachers. And the Federal be printed in the RECORD. Mr. President, schools in my State about the effect that over-testing will Government has mandated that stu- are already feeling the pressure to have on Wisconsin’s public school stu- dents take even more tests without de- compel students to participate in and dents. They oppose another layer of veloping a system that makes these succeed on annual tests 2 years before federally mandated testing for many new tests, or the existing ones for that the additional, federally mandated reasons, including the cost of devel- matter, meaningful to students. tests are added to the mix. I am con- oping and implementing the additional The impact of these standardized cerned about the implications that this tests, the loss of teaching time every tests on students varies. Some students pressure, and the resulting scramble to year to prepare for and take the tests, already have test anxiety and that anx- get students to take these tests seri- and the unnecessary pressure that iety may well increase unnecessarily. ously, will have on public education in these additional tests will place on stu- As the stakes increase for schools, the my State. I am not saying that schools dents, teachers, schools, and school dis- increased stress level is sure to filter should not be required to be successful tricts. down from administrators to teachers or to show improvement in student The pressure to do well on annual to students. For example, members of performance. Of course, all schools tests is already weighing on the teach- the Wisconsin School Counselors Asso- should strive to ensure that they are ers and schools in Wisconsin, even with ciation told me that they have been successful and that their students show 2 years to go before the additional tests handing out apple-shaped ‘‘stress improvement. are required. The stakes are very high balls’’ for anxious third graders to But these examples from my State for schools and school districts. The re- squeeze while taking their reading are clear evidence of one of the basic sults on these annual tests are a cen- tests. problems with the NCLB—its exclusive tral part of the complicated formula While some students experience focus on test scores as the main meas- that determines whether a school is stress out about tests, others simply do ure of student achievement. When meeting or exceeding its ‘‘adequate not care about the tests at all, and fill schools feel compelled to hand out yearly progress’’ goals. Failure to meet in random answers or turn in blank goodies to get students to take tests AYP goals in two or more consecutive test sheets—after all, there’s no pen- seriously, those tests are not serving years will lead to sanctions for the alty if they do so. For students who are their intended purpose. Certainly, tests schools and districts in question. I struggling, however, a low test score have their place in education. But tests have heard from many constituents on a standardized test can be demor- should be used as one of multiple meas- about the complex AYP system, and alizing. According to one Wisconsin ures of student achievement, not as the what being determined to be a ‘‘school teacher, ‘‘Students are being evaluated sole means of determining the success in need of improvement’’ or a school on one single test. What if the student or failure of a school. that ‘‘has not met AYP’’ will mean has a bad day? . . . [T]he truly scary I am extremely concerned that the for—and how these designations will be part is that standardized tests ensure new Federal testing mandate will not interpreted by—parents, students, that half of our students will always be achieve the desired result of better school personnel, and the general pub- ’below average.’ How can we meet the schools with qualified teachers and lic. benchmark that everyone will score successful students. I fear that this In order to measure AYP, Wisconsin proficient and advanced when the tests new mandate will curtail actual teach- and other States are required under are designed to never let that happen? ing time and real learning in favor of NCLB to look at four indicators for . . . Taking more tests is not going to an environment where teaching to the each school and district: test participa- improve learning.’’ test becomes the norm. The unfortu- tion, graduation and attendance cri- Most students, of course, try their nate result of this would be to show our teria, reading achievement, and math best. But they are confused about why children that education is not about achievement. Three of these four cri- they are taking tests that do not count preparing for their futures, but rather teria are based on the annual standard- toward their grades, and many stu- about preparing for tests—that edu- ized tests. This is troubling because the dents and parents are confused by the cation is really about sharp No. 2 pen- future of individual schools and school results of these tests. cils and test sheets, about making sure districts is riding on student participa- With the stakes rising for schools that little round bubbles are filled in tion in and success on just two exams— and districts, some schools in Wis- completely, and, if their school dis- reading and math. These core subjects consin have resorted to offering what tricts and States have enough money, are important, to be sure, but I am amounts to bribes to encourage the maybe about exam booklets for short concerned that this exclusive focus on students to participate in the WKCEs answer and essay questions. I am also testing—which is a top-down mandate and to do well on them. Since the tests deeply concerned that this focus on from the Federal Government—may be have little consequences for individual testing will rob teachers of valuable detrimental to the successful edu- students, but very serious con- teaching time and will squelch efforts cation of our children, who could ben- sequences for schools and districts, to be innovative and creative, both efit from a more flexible approach. some schools are pulling out all of the with lesson plans and with ways of As a recent editorial in the La Crosse stops to get students to take these measuring student performance. Tribune points out, ‘‘the stakes on the tests seriously. For these reasons, earlier this year I schools are high. Buy what about stu- According to a recent article in the introduced the Student Testing Flexi- dents? The test result doesn’t appear Milwaukee Journal Sentinel, some bility Act, a bill that would return a

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15277 measure of the local control that was State and around the country, we can- student performance and participation on taken from States and local school dis- not ignore the racial disparities in the the Wisconsin Knowledge and Concepts Ex- tricts with the enactment of the NCLB. test scores and the need to do more to aminations, or WKCEs. This bill would allow States and school In many Wisconsin schools, the testing ensure that all students have an equal began for fourth-, eighth- and 10th-graders districts that have demonstrated aca- opportunity for a quality education. last week and will continue until Nov. 21. demic success for 2 consecutive years The Secretary of Education heralded The tests cover reading, language arts, the flexibility to apply to waive the the NAEP results, saying, ‘‘These re- mathematics, science and social studies. new annual testing requirements in the sults show that the education revolu- If nothing else, the new incentives show NCLB. States and school districts with tion that No Child Left Behind prom- the growing importance that President waivers would still be required to ad- ised has begun.’’ If these test scores Bush’s No Child Left Behind Act has placed minister high-quality tests to students prove anything, it is that too many on annual state testing. If students slip up, they could cause their in, at a minimum, reading or language children are being left behind. Study school to be labeled as needing improvement arts and mathematics at least once in after study has shown that disadvan- and sent on a path to escalating sanctions grades 3–5, 6–9, and 10–12 as required taged students lag behind their peers imposed by the Federal law. If, for example, under the law. on standardized tests. less than 95% of students take the tests two This bill is cosponsored by Senators I regret that the President and the years in a row, a school may have to allow JEFFORDS, DAYTON, and LEAHY. I am Congress have not done more to ensure students to transfer elsewhere. pleased that this legislation is sup- that schools have the resources to help But the students themselves have little in- ported by the American Association of these students catch up with their centive to put forward an effort. The exam School Administrators; the National doesn’t count toward a grade or graduation peers before students are required to and won’t appear on any transcript. Education Association; National PTA; take additional annual tests that will As Larry Black, principal of Big Foot High the National Association of Elemen- have serious consequences for their School in Walworth, puts it: ‘‘For schools, tary School Principals; the National schools. If we fail to provide adequate they’re high-stakes tests. For students, Association of Secondary School Prin- resources to these schools and these they’re low stakes. . . . And that’s a bad cipals; the School Social Work Associa- students, we run the risk of setting dis- match.’’ tion of America; the National Council advantaged children up for failure on ROLLING OUT THE REWARDS of Teachers of English; the Wisconsin these tests—failure which could dam- To help surmount that obstacle and hope- Department of Public Instruction; the age the self-esteem of our most vulner- fully avoid being labeled for improvement, Wisconsin Education Association Coun- able students. two Racine high schools are rolling out the cil; the Wisconsin Association of Instead of focusing resources on rewards just to get students to take the those students and schools needing the tests. School Boards; the Milwaukee Teach- In addition to free movie passes, Case stu- ers’ Education Association; the Wis- most help, I am afraid that the testing dents can qualify for $10 cash awards, Re- consin School Social Workers Associa- provisions in the President’s bill will gency Mall gift certificates, school-spirit tion; and the Wisconsin School Admin- punish those very schools with sanc- wear and other prizes—simply by showing up istrators Alliance, which includes the tions that will actually take badly this week and answering the exam’s ques- Association of Wisconsin School Ad- needed funding away from them. tions. ministrators, the Wisconsin Associa- I would like to note that my con- At Racine’s Horlick High School, the tion of School District Administrators, stituents have raised a number of other goodies are even bigger. The school is plan- concerns about the NCLB that I hope ning several raffles for each of the two days the Wisconsin Association of School of testing this week, at which students can Business Officials, and the Wisconsin will be addressed by Congress. I con- win a television set, DVD player and CDs, Council for Administrators of Special tinue to hear about complex guidelines Principal Nola Starling-Ratliff said. Services. and a lack of flexibility from the De- The incentives are geared to increase both I would also like to take a moment partment of Education. I hear about schools’ test participation rates, which last to discuss the recently released Na- the unique challenges that the new tu- year fell below the required 95% of students. tional Assessment on Educational toring, public school transfer, and Miss that goal for a second year and both Progress scores. In addition to a mas- other requirements pose for rural dis- schools would have to allow students to transfer to other district schools under the sive new annual testing requirement, tricts. My constituents often ask when federal law. A third year of missing their the NCLB also requires States to par- the Federal Government is going to target would force the schools to offer extra ticipate in the previously voluntary provide the funding it promised for tutoring in math and reading. NAEP tests for fourth grade reading education programs. I share my con- The high schools facing the threat of sanc- and math, which are given every 2 stituents’ concern about imposing new tions aren’t the only ones proffering perks years. Proponents of high-stakes test- sanctions on schools that do not meet this year, however. ing argue that NAEP participation will yearly goals even though the programs Gifford Elementary School in Racine also help to ensure that the results of that would help students and schools to dangled the prospect of an extra recess, movie privileges and anonymous treats be- State-administered tests are valid, and meet those goals are not fully funded. fore any fourth-grade class that had perfect that States are not ‘‘dumbing down’’ I will continue to monitor closely the attendance during the week of testing. their tests in order to avoid Federal implementation of the NCLB and its ef- ‘‘It’s made a huge difference,’’ Gifford sanctions. fect on public school students in Wis- Principal Steve Russo said. ‘‘Every morning The NAEP scores that were released consin. we talk about testing with the kids. We en- last week are the results of the first I ask unanimous consent the articles courage them to do the best job, to take round of required testing under the to which I referred be printed in the pride in their work.’’ NCLB, and, for the first time, include RECORD. CRITIC PANS REWARD SYSTEM scores from all 50 States, the District There being no objection, the mate- But Alfie Kohn, a national opponent of of Columbia, and 2 schools run by the rial was ordered to be printed in the high-stakes testing, called such rewards ‘‘co- Department of Defense. While the na- RECORD, as follows: ercive’’ and ‘‘disrespectful’’ toward students. ‘‘Even if higher test scores were a good idea, tion-wide test results are an improve- [From the Milwaukee Journal Sentinel, Nov. you don’t treat children like pets by dan- 9, 2003] ment over the NAEP administered 2 gling the equivalent of doggie biscuits before years ago, I am deeply concerned about TAKE A TEST, GET A PRIZE them when they perform to your liking,’’ the lingering racial disparities in the (By Amy Hetzner) said Kohn, a Massachusetts-based author of test results. Some day soon, teams of Case High School the book, ‘‘Punished by Rewards.’’ I am particularly concerned that the sophomores could be sitting in a Racine School officials, however, say there’s noth- test scores for the approximately 25,000 movie theater and thanking President Bush. ing wrong with giving students a little push. Wisconsin eighth graders who took this In an attempt to boost the number of stu- Five years ago at Arrowhead High School test lead the Nation in the gap between dents taking the State’s standardized test in Waukesha County, test scores took a seri- this week, Case High School will be handing ous dip when about 80 sophomores refused to White and African-American students out movie passes to every 10th-grader who complete the exams, instead turning in on both the reading and the math tests. completes the battery of exams. blank forms in protest of a test they felt was While the NAEP was taken by only a It’s just one of many efforts, which include meaningless. If a school’s students were to small percentage of students in my a TV giveaway at another school, to improve do the same today, their action could have

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15278 CONGRESSIONAL RECORD — SENATE November 20, 2003 more serious consequences for their school in District gives away movie tickets to get kids his pledge. Last October, Congress au- addition to giving it a public black eye. to show up. Another, unnamed, district is thorized the use of force against Iraq. I ‘‘We never want to fall into the category giving away a television set. Still another voted against this authorization be- where the school’s ‘in need of improvement’ district—Arrowhead schools in Hartland, cause I believed it was a distraction just because students didn’t take the test se- Wis., is letting students who take the test riously,’’ said Arrowhead Superintendent opt out of some final exams. from the war on terrorism. At that David Lodes. None of this sounds like it is educationally time, I attempted to amend the resolu- A REASON TO TRY sound, but school administrators say they tion to provide the president the au- have little other incentive to get students to thorization to use force against other So this year, Arrowhead will give its stu- take the test. Isn’t there a better way to dents a reason not only to take the test but terrorist organizations that met the judge school performance than using a test also to try. following criteria: they have a state that has no other meaning than providing a The school is offering its students a chance sponsor with access to weapons of mass potential for Federal punishment? Are there to skip final semester examinations in their no other valid measurements of student per- destruction; they have a history of regular classes if they do well on their formance? killing Americans; and they have the WKCEs—scoring at least at the proficient or Giving prizes as an inducement to take a ability to strike inside the United advanced level in the subject area that cor- test seems of dubious value. But maybe we States. responds with the class exam they want to ought to be looking for ways to reconcile the I remain concerned that the Presi- avoid. federal government’s need for performance It’s the first year Arrowhead High School dent does not have the necessary au- data with schools’ existing curriculum and has made such an offer, which has been an- thorization to use force against these practices. nounced to students but is still waiting for additional terrorist organizations. formal approval from the School Board. f Without such authorization, he cannot Arrowhead students who do exceptionally SYRIA ACCOUNTABILITY ACT fulfill the commitment he made in his well on the WKCE—scoring at the advanced January 2002 State of the Union Mr. GRAHAM of Florida. Mr. Presi- level on all the tests—also will be allowed to speech. dent, the Syria Accountability and spend their junior-year study hall classes in I hope the administration will take the senior commons in the pilot effort. Lebanese Sovereignty Restoration Act this occasion to review its existing au- Other schools in the state offering exam takes important and valuable steps, thorities and report back to Congress exemptions include Big Foot High School, and I would have voted for it had I been on where there may be deficiencies in Hartford Union High School and Pulaski present, but I am concerned that it its authorities to carry out the war on High School near Green Bay. Bay Port High may not go far enough. School in the Howard-Suamico School Dis- terrorism. Only then will we be able to Syria has long been recognized as a trict gives students a chance to drop a low- hold Syria and similar states that state sponsor of terrorism. In fact, the scoring test with a proficient score in the sponsor or harbor terrorists truly ac- Syrians themselves openly speak of subject area. countable. ‘‘I think we should be able to come up with their support for terrorist organiza- a way where we can get our students to give tions such as Hezbollah, Hamas, and f their best effort,’’ Lodes said. ‘‘Everybody the Palestinian Islamic Jihad. Intel- BUSINESS CLIMATE IN UKRAINE needs to do as best as they possibly can. Yet ligence reports and terrorism experts Mr. CAMPBELL. Mr. President, as everybody wants to be rewarded.’’ tell us that the next generation of ter- Arrowhead students say they can see a dif- Co-Chairman of the Commission on Se- ference. rorists is being trained in a network of curity and Cooperation in Europe, I ‘‘I’m actually trying a little harder now,’’ training facilities that exist in Syria have closely followed developments in said Zack Olson, a 15-year-old sophomore at and the Syrian-controlled parts of Leb- Ukraine including aspects of the Arrowhead, where testing began last week. anon. These international terrorist or- human, security and economic dimen- Previously, Olson said he might not have ganizations that run these camps al- sions. My desire is that Ukraine con- studied for the test at all. But with the lure ready have the capacity to kill Ameri- of getting out of final exams and a nicer solidate its independence by strength- cans, and they have state sponsors with ening democratic institutions, includ- study hall environment, he said he’s been access to weapons of mass destruction. doing the practice work that teachers have ing the judiciary, and undertaking re- offered. Prior to 9/11, Hezbollah was responsible forms to improve the business climate Another Arrowhead sophomore, Adam for the deaths of more Americans than essential to attracting much-needed Moir, said he was even a little nervous the any other terrorist group. foreign investment. Twelve years after night before testing began because he wasn’t On September 18, 2001, the Senate independence, the people of Ukraine sure what to expect. passed S.J. Res 23, which authorized deserve to enjoy the fruits of freedom He said a lot of students will be motivated the President to use ‘‘all necessary and to try to get out of their final exams. ‘‘But, and prosperity, but obstacles remain. appropriate force’’ against those re- Bringing Ukraine more fully into Eu- in the same way, there are some students sponsible for the attacks of 9/11. This that could care less about school,’’ Moir said. rope is both essential to the country’s ‘‘I’m not one of them.’’ authorization for the use of force is long-term economic success and impor- therefore limited to al-Qaeda. We ig- [From the La Crosse Tribune] tant for European security. Accel- nore other terrorist networks at our erating Ukraine’s movement toward OUR VIEW: MAKE FEDERAL TESTING FIT WITH peril—and at one point, President Bush CURRICULUM Europe is timely and needed. While recognized that. Nine days after the high-ranking Ukrainian officials pay (By Tribune editorial staff) terrorist attack of September 11, the Why are some school districts offering lipservice to such integration, the jury President declared: is still out as to whether they are pre- movie tickets and other prizes as an induce- ‘‘Our war on terror begins with al- ment to take the tests required under Presi- pared to take the bold steps that will dent Bush’s ‘‘No Child Left Behind’’ law? Qaeda but it does not end there. It will be required to advance such integra- They are doing it because students have not end until every terrorist group of tion. An important barometer for the little incentive to participate in the testing, global reach has been found, stopped future will be the extent to which the even though a bad result can result in a Fed- and defeated.’’ country’s moves to confront the cor- eral Government listing as a failed school. In his State of the Union speech on Under the Federal legislation, schools are ruption and crime that retard the proc- January 29, 2002, President bush re- ess of democratization and economic required to subject students to testing once stated our priorities: a year. If students do not participate, the liberalization and erode Ukraine’s se- Our nation will continue to be steadfast school could face sanctions. For instance, if curity and independence. and patient and persistent in the pursuit of less than 95 percent of the students show up While those at the top say the right two great objectives. First, we will shut for testing two years in a row, the school down terrorist camps, disrupt terrorist things, there is justified skepticism as could have to allow students to transfer else- plans, and bring terrorists to justice. And, to their sincerity. This is certainly the where. second, we must prevent the terrorists and case concerning Ukraine’s current So, the stakes on the schools are high. But regimes who seek chemical, biological or nu- President, Leonid Kuchma. The con- what about students? The test result doesn’t clear weapons from threatening the United appear on their transcript and it doesn’t troversies surrounding Kuchma under- States and the world. count toward a grade or graduation. cut his credibility with respect to the A story in Sunday’s Milwaukee Journal I supported those statements and issue of combating corruption. Never- Sentinel said that the Racine, Wis., School hoped to help the President carry out theless, this should not detract from

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15279 the urgency of tackling corruption in If the Kuchma administration is seri- 3,000 independent election observers, the lead up to critical parliamentary ous about rooting out corruption and Mirador Electoral, monitored Guate- elections slated for next year, and pres- advancing democracy and the rule of malan elections—no easy feat in a idential elections to select Kuchma’s law, these cases provide a good starting country ravaged by 40 years of civil successor in 2004. point. Only time will tell if they are up war. The group was so highly regarded, Meanwhile, those serious about root- to the challenge. they were asked by the Guatemalan ing out corruption and corrupt officials f election commission to release their should take a hard look at the han- ‘‘quick count’’ projections of the win- CONGRATULATING THE PEOPLE dling—or more accurately, mis- ners. And the results of Mirador Elec- OF GUATEMALA ON THEIR RE- handling—of Ukrainian and foreign toral matched those reached by the CENT ELECTIONS owned businesses. For example, United election commission. States-owned businesses have been vic- Mr. COLEMAN. Mr. President, the Guatemalans will go to the polls timized through expropriations, asset people of Guatemala went to the polls again on December 28, and will choose thefts, extortion and the like per- on November 9 to elect a new Presi- between top vote-getters Oscar Berger petrated or abetted by corrupt officials dent, Members of the Guatemalan Par- and Alvaro Colon to be the next Presi- and courts in Ukraine. While new cases liament, local officials, and representa- dent. I would call upon the Guatemalan continue to occur, longstanding cases tives to the Central American Par- Government to maintain their commit- remain unresolved with investors un- liament. ment to fairness, and to make adjust- able to obtain the relief to which they These elections attracted attention, ments to better prepare for a high are entitled under Ukrainian and inter- in large part, due to the candidacy of turn-out of Guatemalans. national law. Efrain Rios Montt, a former coup lead- While Guatemala still has many Although the State Department has er who under the Guatemalan constitu- problems, these elections give me hope made repeated representations about tion should have been banned from run- for the future. I congratulate the Gua- these cases at senior levels of the ning for the Presidency all together. temalan people for their commitment Kuchma administration, Kyiv rebuffed Rios Montt presided over a troubled to democracy. repeated requests to resolve them in part of Guatemala’s history, during f accordance with the law. At the same which time too many innocent lives time it refuses to punish the perpetra- were lost. ADDITIONAL STATEMENTS tors of the criminal acts or take cor- Now these elections were not perfect. rective measures to prevent similar Long lines and confusion over where to CONGRATULATING EDITH MILLER cases from arising. vote made it difficult for many Guate- If the victims are to ever achieve a malans to express their political views. ∑ Mr. JEFFORDS. Mr. President, measure of justice, it is essential that Some polling stations stayed open for today I recognize the outstanding con- U.S. officials raise these cases at every as long as 5 hours after they were tributions made by Edith Miller, out- appropriate opportunity. scheduled to close; other did not. The going Executive Director for the In one especially egregious and illus- time period leading up to the elections Vermont School Boards Association, trative case, well-connected individ- VSBA. uals in Ukraine were able to orches- was marked by violence and intimida- tion linked to some Rios Montt sup- Edie, as she is known to her col- trate the seizure of all the assets of a leagues, friends, and family, joined the successful pharmaceutical joint ven- porters. But in the end, these were important Vermont School Boards Association in ture which was half owned by United December 1997 after previously serving States investors. When, 6 years after and hopeful elections for a number of for many years as the director of the the theft the Ukrainian appeals courts reasons. Rios Montt was defeated in University of Vermont’s Continuing finally dismissed the spurious claims the ballot box—and he accepted defeat. Education Program. to the assets on grounds that they were The willingness of losers to accept de- Edie also served with great distinc- based entirely on forged and falsely feat is one sign of a maturing democ- tion on numerous boards dedicated to fabricated documents, senior Ukrain- racy. And the result of this defeat for the arts and community welfare. Her ian officials launched into action. Rios Montt should not be overlooked; participation in local government is Within weeks of these judicial deci- he will lose his immunity from pros- noteworthy. She has worn many hats, sions, the Ukrainian President report- ecution for crimes committed under from holding positions on the town edly convened a meeting of senior offi- his watch. zoning and planning commissions to cials, including the cognizant senior There is much more to the story than judges and his own senior law enforce- Rios Montt’s candidacy, however. Ap- her current role as Chair of the East ment and national security cabinet proximately 60 percent of Guatemala’s Montpelier Select Board. level officers, at which he made clear 5 million voters went to the polls on I also had the pleasure and benefit of that he did not want the stolen assets Sunday—the largest turnout since 1985. having her husband, Martin Miller, on restored to their rightful American By turning out in such numbers, Gua- staff during my tenure as Vermont At- owners. temalans showed they understand the torney General from 1969 through 1972. The courts quickly complied, without power of the ballot box. As one woman Over the years, various individuals explanation, and in disregard of the co- put it, ‘‘You have to vote if you want have described Edie Miller as a strong pious evidence before them, the judges things to change.’’ and articulate voice in support of pub- reversed the decisions taken just two Overall, these elections were fair and lic education. She possesses a tireless months earlier and held in favor of the open. Ballots were not rigged, and vehi- work ethic and an ability to identify claimants. Several months later long- cles carrying them were monitored by critical issues, analyze the informa- standing criminal charges against the satellite. tion, and communicate that informa- same individuals were dropped. Violence on election day was iso- tion not only to the VSBA members, The circumstances surrounding this lated. In spite of an insecure climate but also to local State and Federal offi- case and others involving United during the campaign season, threats of cials. States investors are indicative of the violence were not carried out on a Edie was a driving force in the cre- far reaching scope of corruption and large scale over the weekend. The vio- ation and implementation of the the rule of law deficit in Ukraine lence many had feared—and some ob- Vermont Education Leadership Alli- today. While the matter was repeatedly servers have come to expect from elec- ance Project, VELA. She worked dili- raised by the State Department several tions of this sort—did not take place. gently with her colleagues in the years ago, I am concerned that the In the words of Guatemalan Nobel Vermont Superintendents Association Ukrainian side might assume that the Prize winner Rigoberta Menchu: ‘‘This and the Vermont Principals’ Associa- matter is a closed case. I urge officials first round was about saying no to vio- tion to address the critical shortage of at the Departments of State and Com- lence.’’ principals, superintendents and school merce to disabuse Ukrainian Govern- These elections also marked the first board members in Vermont. The pro- ment officials of such an impression. time a nation-wide network of over gram was designed to train and certify

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15280 CONGRESSIONAL RECORD — SENATE November 20, 2003 school leaders, thereby increasing their cluding development, testing, and pro- tute Advisory Group was charged with effectiveness and reducing turnover. duction. He also played key roles in the nominating and selecting candidates. Although VELA is now under the capa- design and manufacture of the Stand- Between 1998–2001, the Ungers person- ble leadership of David Ford, Edie still ard Missile, Standard Arm, DIVAD, ally sponsored 22 Fellows at the Ken- remains very active on its Board of Di- Stinger, Advanced Cruise Missile, and nedy School, including deputy prime rectors. Phalanx. ministers, cabinet ministers and depu- Her remarkable skill at working with Prior to his years at Raytheon, ties, national bank governors, par- a broad constituency has earned Edie Chuck served in a variety of capacities liamentary committee chairs, ambas- enormous respect within Vermont’s with General Dynamics, and over the sadors, and a Presidential candidate. education community. Edie is not years he has earned a number of To build a program that could pro- afraid to pursue any idea that she be- awards: the Winner of the 1998 Depart- vide similar services for locally elected lieves will improve outcomes for ment of Defense Logistics Life Cycle officials, Mr. Unger turned to the Max- Vermont’s children. Cost Reduction Award; the 1999 Out- ine Goodman Levin College of Urban To underscore my efforts to increase standing Contracting Team Award; and Affairs at Cleveland State University, funding of special education, Edie met the 2000 Secretary of the Air Force CSU. In 2001, the Unger Croatia Center with members of every school board Lightening Bolt Award, to name just a for Local Government Leadership was throughout Vermont, convincing them few. established within CSU’s Levin Col- to sign a petition asking the federal Chuck Anderson has spent a career lege. government to fully fund the Individ- dedicated to keeping America strong. I The success of the Cleveland semi- uals with Disabilities Education Act. wish him and his wife, Carolyn, best nars inspired Mr. Unger to create an This was not an easy task, but she per- wishes as they venture into the next educational alliance between CSU and severed. These petitions were presented chapter of their lives.∑ the University of Rijeka, which was to me in Vermont, bound in a red rib- f formalized in 2002. This collaboration bon. During Senate debate of the var- continues to blossom. Over the past 2 TRIBUTE TO PAUL UNGER ious special education funding pro- years, the Unger Croatia Center at CSU posals I have sponsored, I take these ∑ Mr. DEWINE. Mr. President, today I has worked closely with the Economics petitions with me to the chamber. I pay tribute to a remarkable Ohioan—a faculty in Rijeka to develop their pro- can tell you that those petitions have man of great vision and great compas- fessional courses. Last summer, the made a deep impression on my col- sion. Paul Unger is the founder of the University of Rijeka hosted the first leagues. Unger Croatia Institute for Public Ad- seminar for public officials in Croatia, I have been very fortunate to work ministration, an organization that pro- and this spring, the University will in- closely with Edie on a number of edu- vides professional training, education, troduce its first programs in public ad- cation issues. I have always appre- and technical assistance to Croatian ministration and public health admin- ciated her keen insight and her insist- Government administrators and uni- istration—an important step toward ence on carefully weighing all aspects versity officials. On January 23, 2004, the eventual realization of the first- of proposals before making a policy de- he will receive the Outstanding Citizen ever Croatian Graduate School of Pub- cision. Achievement Award from the U.S. lic Administration. For Edie, it is important to increase Agency for International Development As Mr. Unger continues to work to- educational opportunities for all stu- for his tireless dedication to fostering ward a vision for a prosperous Croatia, dents. For Edie, first and foremost, it democracy and freedom in Croatia. government is being transformed. Pro- is and always will be about the kids. Paul Unger, a fellow Ohioan who is a gram participants have returned home Edie has left an indelible mark on native of Cleveland, first arrived in Za- and implemented the techniques Vermont’s education landscape. greb for a Christmas party one wintry learned through their studies, creating Though she may be stepping away from December night in 1945. He was en an environment where Croatians have her responsibilities at VSBA, I know route from his post as commandant of become increasingly involved in local she will not be stepping away from edu- a United Nations refugee camp for Cro- government and have taken an active cation. atians in Egypt to his new assignment role in setting budget priorities and So, it is with great pleasure that I as administrator for the United Na- guiding community development. offer my congratulations to Edie Miller tions relief program in Yugoslavia. Beyond his extraordinary efforts on her stellar accomplishments as ex- That evening, he met Sonja Franz, a abroad, Mr. Unger also has contributed ecutive director for the Vermont Croatian architect-engineer, who be- much to our home State of Ohio. It is School Boards Association and her came his wife by the next holiday sea- here that he and Sonja raised a family unyielding commitment to the edu- son. Soon after they married, the and achieved prominence through a cation of Vermont’s children.∑ Ungers left Croatia for the United successful business, volunteer service, States. and community activism. Among his CHARLES D. ‘‘CHUCK’’ ANDERSON As the decades passed, the Ungers many accomplishments, Mr. Unger ∑ Mr. KYL. Mr. President, I was re- kept close contact with their family, served as president/CEO of the Unger cently advised of the upcoming retire- friends, and colleagues who had re- Company, a national food packaging ment of Mr. Charles D. ‘‘Chuck’’ Ander- mained overseas, committed to a free, company headquartered in Cleveland; son after a long and faithful career in democratic Croatia. In 1997, Paul Unger chairman of the Urban Renewal Task the defense industry. Mr. Anderson is assembled an advisory group of 45 Force for the Mayor of Cleveland; retiring from Raytheon as the com- American and Croatian banking, edu- president of the Cleveland chapter of pany’s vice president of the Air-to-Air cation, and government leaders to the American Civil Liberties Union; Missiles Division in Tucson, AZ. found the Unger Croatia Institute for and chairman of the Ohio’s Inter- Chuck began his career in the 1950s Public Administration to help reform- national Trade Council. He has been as a paratrooper with the California minded leaders ease Croatia’s transi- widely-recognized, notably by the National Guard, then earned his bach- tion from the devastating war to a Cleveland Heights High School Hall of elor of science degree in mathematics more efficient, democratic govern- Fame, the Cleveland Blue Book, and and physics from California State ment. the City Club of Cleveland Hall of Polytechnic University. He went on to As a first step, Mr. Unger created a Fame. earn a master of science degree in Sys- fellowship program to assist senior Finally, Paul Unger has remained tems Engineering from the University Croatian officials in the development steadfast in moving Cleveland into the of Southern California in 1972. of improved practices in government. international arena. He has helped lead For the last 10 years, Mr. Anderson This program was to be administered the Cleveland-Miskole Sister City has been with Raytheon, and it is my by his alma mater, Harvard University. Committee and the Cleveland Council understanding that he has been respon- The Unger Croatia Program was cre- on World Affairs. He also has sponsored sible for all AMRAAM, Sparrow AIM– ated within the John F. Kennedy the ‘‘Cleveland in the World’’ lecture 9M, AIM–9X, and ASRAAM efforts, in- School of Government, and the Insti- series at the City Club of Cleveland.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15281 Sonja has been a local civic and polit- tient is in remission. Previously, pa- S. Con. Res. 48. Concurrent resolution sup- ical leader in her own right and was tients received brief intensive induc- porting the goals and idelas of ‘‘National the first woman to be honored with a tion therapy followed by presymp- Epilepsy Awareness Month’’ and urging sup- Golden Door Award by Cleveland’s Na- tomatic central nervous system ther- port for epilepsy research and service pro- grams. tionality Services Center for her dedi- apy and prolonged mild maintenance cation as a social worker and inter- therapy. Most patients achieved remis- The message further announced that preter. sion, but many suffered leukemic re- the House passed the following bills In January 2004, the USAID’s Bureau lapse and death. With application of ef- and joint resolution in which it re- for Europe and Eurasia will honor Paul fective post induction intensification, quests the concurrence of the Senate: Unger with the Outstanding Citizen the number of relapses fell and the H.R. 421. An act to reauthorize the United Achievement Award, which recognizes chance for cure increased. Professor States Institute for Environmental Conflict Resolution, and for other purposes; Americans who have made exceptional Riehm’s strategy of post induction in- H.R. 1006. An act to amend the Lacey Act contributions to international develop- tensification has been applied through- Amendments of 1981 to further the conserva- ment through volunteerism. I con- out the world with similar success. tion of certain wildlife species; gratulate Mr. Unger for all his work at We know how tragic it is when chil- H.R. 2218. An act to amend the Federal home and abroad and express my dren and their families struggle with Food, Drug, and Cosmetic Act to provide for thanks to him and to his wife Sonja for life-threatening disease. The dramatic the regulation of all contact lenses as med- ical devices, and for other purposes; their leadership, dedication, and com- improvement in the cure rate of ALL ∑ H.R. 2420. An act to improve transparency mitment to democracy in Croatia. gives children and those who cherish relating to the fees and costs that mutual f them just cause for greater hope. Lit- fund investors incur and to improve cor- erally tens of thousands of children in porate governance of mutual funds; HONORING DR. DONALD PINKEL many nations have survived and grown H.R. 3140. An act to provide for availability AND PROFESSOR DR. HANSJO´ RG up to realize their hopes and dreams of contact lens prescriptions to patients, and RIEHM due to the remarkable contributions of for other purposes; H.R. 3491. An act to establish within the ∑ Mrs. BOXER. Mr. President, I rise to Dr. Pinkel and Professor Dr. Riehm. I pay homage to the remarkable con- Smithsonian Institution the National Mu- am certain that children’s lives are seum of African American History and Cul- tributions of Dr. Donald Pinkel and ample thanks, but I would like to add ture, and for other purposes; and Professor Dr. Hansjo¨ rg Riehm to the California’s thanks for these physi- H.J. Res. 78. An act making further con- cure of childhood acute lymphoblastic cians’ lifetimes of accomplishments. tinuing appropriations for the fiscal year leukemia, or ALL, once an invariably Our Nation and world are fortunate to 2004, and for other purposes. lethal disease. On December 4, 2003, dis- have benefitted from their work.∑ The message also announced that the tinguished colleagues from 12 nations f House has agreed to the following con- will honor these outstanding physi- current resolutions in which it re- cians in San Diego, CA. MESSAGES FROM THE PRESIDENT quests the concurrence of the Senate: ALL is the most common cancer in Messages from the President of the H. Con. Res. 83. Concurrent resolution hon- children. Forty years ago, very few United States were communicated to oring the victims of the Cambodian genocide children were cured. Since that time, the Senate by Mr. Thomas, one of his that took place from April 1975 to January the cure rate has improved dramati- secretaries. 1979; cally. I am informed that thanks in H. Con. Res. 288. Concurrent resolution part to the leadership and vision of Dr. f honoring Seeds of Peace for its promotion of Pinkel and Professor Dr. Hansjo¨ rg EXECUTIVE MESSAGES REFERRED understanding, reconciliation, acceptance, coexistence, and peace among youth from Riehm, about 80 percent of ALL pa- As in executive session the Presiding the Middle East and other regions of con- tients are now cured in developed na- Officer laid before the Senate messages flict; and tions. Dr. Pinkel’s development of ef- from the President of the United H. Con. Res. 320. Concurrent resolution ex- fective presymptomatic central nerv- States submitting sundry nominations pressing the sense of the Congress regarding the importance of motorsports. ous system therapy and Professor Dr. which were referred to the appropriate Hansjo¨ rg Riehm’s development of effec- committees. The message further announced that tive post induction intensification (The nominations received today are the House agree to the report of the halved the number of relapses and printed at the end of the Senate pro- committee of conference on the dis- deaths. Tens of thousands of children, ceedings.) agreeing votes of the two Houses on their families, friends and neighbors in the amendment of the Senate to the many countries have benefitted. Dr. f bill (H.R. 2417) to authorize appropria- Pinkel and Professor Dr. Riehm stand MESSAGES FROM THE HOUSE tions for fiscal year 2004 for intel- united in their desire that effective At 2:27 p.m., a message from the ligence and intelligence-related activi- therapy be available to children with House of Representatives, delivered by ties of the United States Government, ALL, both in the developed world and Mr. Hays, one of its reading clerks, an- the Community Management Account, in the developing world. nounced that the House has passed the and the Central Intelligence Agency I am informed that during his years following bills, without amendment: Retirement and Disability System, and at St. Jude Children’s Research Hos- for other purposes. S. 117. An act to authorize the Secretary of pital in the 1960s, Dr. Pinkel intro- Agriculture to sell or exchange certain land At 6:51 p.m., a message from the duced the concept of presymptomatic in the State of Florida, and for other pur- House of Representatives, delivered by central nervous system therapy and poses; Ms. Niland, one of its reading clerks, cured one-half of children with ALL. S. 286. An act to revise and extend the announced that the House agree to the Previously, many children had Birth Defects Prevention Act of 1998; amendment of the Senate to the bill achieved temporary remission from S. 650. An act to amend the Federal Food, (H.R. 2297) to amend title 38, United leukemia, only to suffer return of leu- Drug, and Cosmetic Act to authorize the States Code, to improve benefits under kemia or relapse in the central nervous Food and Drug Administration to require laws administered by the Secretary of certain research into drugs used in pediatric system, subsequent bone marrow re- patients; Veterans Affairs, and for other pur- lapse, and death. Presymptomatic cen- S. 1685. An act to extend and expand the poses. tral nervous system therapy remains a basic pilot program for employment eligi- The message also announced that the cornerstone of ALL therapy through- bility verification, and for other purposes; House agree to the amendments of the out the world. and Senate to the resolution (H.J. Res. 63) Professor Dr. Hansjo¨ rg Riehm and his S. 1720. An act to provide for Federal court to approve the ‘‘Compact of Free Asso- colleagues in the Berlin Frankfurt proceedings in Plano, Texas. ciation, as amended between the Gov- Mu¨ nster Group introduced effective The message also announced that the ernment of the United States of Amer- postinduction intensification in the House has agreed to the following con- ica and the Government of the Fed- late 1970s. This concept involves imple- current resolution, without amend- erated States of Micronesia’’, and the menting stronger therapy after the pa- ment: ‘‘Compact of Free Association, as

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15282 CONGRESSIONAL RECORD — SENATE November 20, 2003 amended between the Government of the Middle East and other regions of con- tion Area: (Including 2 Regulations), [CGD07– the United States of America and the flict; to the Committee on the Judiciary. 03–069], [CGD09–03–214]’’ (RIN1625–AA11) re- Government of the Republic of the f ceived on November 19, 2003; to the Com- mittee on Commerce, Science, and Transpor- Marshall Islands’’, and otherwise to ENROLLED BILL PRESENTED tation. amend Public Law 99–239, and to appro- EC–5332. A communication from the Direc- priate for the purposes of amended The Secretary of the Senate reported tor, Executive Office of the President, Office Public Law 99–239 for fiscal years end- that on November 20, 2003, she had pre- of Management and Budget, transmitting, ing on or before September 30, 2023, and sented to the President of the United pursuant to law, a report on direct spending for other purposes. States the following enrolled bills: or receipts legislation dated October 24, 2001; S. 254. An act to revise the boundary of the to the Committee on Appropriations. f Kaloko-Honokohau National Historical Park EC–5333. A communication from the Acting ENROLLED BILLS SIGNED Addition Act of 2003; Under Secretary of Defense for Acquisition, S. 867. An act to designate the facility of Technology, and Logistics, transmitting, The following enrolled bills, pre- the United States Postal Service located at pursuant to law, a report relative to the EA– viously signed by the Speaker, were 710 Wicks Lane in Billings, Montana, as the 18G; to the Committee on Armed Services. EC–5334. A communication from the Under signed on today, November 20, 2003, by ‘‘Ronald Reagan Post Office Building’’; and Secretary of Agriculture for Natural Re- the President pro tempore (Mr. STE- S. 1718. An act to designate the facility of sources and Environment, transmitting, pur- the United States Postal Service located at VENS): suant to law, a report relative to contracts 3710 West 73rd Terrace in Prairie Village, S. 254. An act to revise the boundary of the involving the National Recreation Reserva- Kaloko-Honokohau National Historical Park Kansas, as the ‘‘Senator James B. Pearson tion System; to the Committee on Agri- in the State of Hawaii, and for other pur- Post Office.’’ culture, Nutrition, and Forestry. poses; f EC–5335. A communication from the Direc- S. 864. An act to designate the facility of tor, Regulatory Review Group, Commodity the United States Postal Service located at EXECUTIVE AND OTHER Credit Corporation, transmitting, pursuant 710 Wick Lane in Billings, Montana, as the COMMUNICATIONS to law, the report of a rule entitled ‘‘Re- ‘‘Ronald Reagan Post Office Building’’; and The following communications were moval of Obsolete Regulations’’ (RIN0560– S. 1718. An act to designate the facility of laid before the Senate, together with AH04) received on November 20, 2003; to the Committee on Agriculture, Nutrition, and the United States Postal Service located at accompanying papers, reports, and doc- 3710 West 73rd Terrace in Prairie Village, Forestry. Kansas, as the ‘‘Senator James B. Pearson uments, and were referred as indicated: EC–5336. A communication from the Con- Post Office’’. EC–5325. A communication from the Sec- gressional Review Coordinator, Animal and H.R. 23. An act to amend the Housing and retary of Transportation, transmitting, a re- Plant Health Inspection Service, Department Community Development Act of 1974 to au- port relative to the Convention on Inter- of Agriculture, transmitting, pursuant to thorize communities to use community de- national Interests in Mobile Equipment and law, the report of a rule entitled ‘‘National velopment block grant funds for construc- the Protocol on Matters Specific to Aircraft Poultry Improvement Plan and Auxiliary tion of tornado-safe shelters in manufac- Equipment; to the Committee on Commerce, Provisions’’ (Doc. No. 03–017–2) received on tured home parks. Science, and Transportation. November 19, 2003; to the Committee on Ag- H.R. 1588. An act to authorize appropria- EC–5326. A communication from the Acting riculture, Nutrition, and Forestry. EC–5337. A communication from the Con- tions for fiscal year 2004 for military activi- Director, Office of Sustainable Fisheries, Na- gressional Review Coordinator, Animal and ties of the Department of Defense, for mili- tional Marine Fisheries Service, transmit- Plant Health Inspection Service, Department tary construction, and for defense activities ting, pursuant to law, the report of a rule en- of Agriculture, transmitting, pursuant to of the Department of Energy, to prescribe titled ‘‘Fisheries Off West Coast States and law, the report of a rule entitled ‘‘Veterinary personnel strengths for such fiscal year for in the Western Pacific; Pacific Coast Services User Fees; Pet Food Facility In- the Armed Forces, and for other purposes. Groundfish Fishery; Whiting Closure for the spection and Approval Fees’’ (Doc. No. 03– H.R. 2744. An act to designate the facility Catcher/Processor Sector’’ (ID101003F) re- 036–2) received on November 19, 2003; to the of the United States Postal Service located ceived on November 20, 2003; to the Com- Committee on Agriculture, Nutrition, and at 514 17th Street in Moline, Illinois, as the mittee on Commerce, Science, and Transpor- tation. Forestry. ‘‘David Bybee Post Office Building’’. EC–5338. A communication from the Dep- EC–5327. A communication from the Chief, H.R. 2754. An act making appropriations uty Secretary, Division of Market Regula- Regulations and Administrative Law, Coast for energy and water development for the fis- tion, Securities and Exchange Commission, Guard, transmitting, pursuant to law, the re- cal year ending September 30, 2004, and for transmitting, pursuant to law, the report of port of a rule entitled ‘‘Drawbridge Regula- other purposes. a rule entitled ‘‘Interpretation of Rule 3b–3’’ tions: [CGD07–02–160], Canaveral Barge H.R. 3175. An act to designate the facility (Release No. 34–48795) received on November Canal, Cape Canaveral, Brevard County, FL’’ of the United States Postal Service located 19, 2003; to the Committee on Banking, Hous- at 2650 Cleveland Avenue, NW in Canton, (RIN1625–AA00) received on November 19, ing, and Urban Affairs. Ohio, as the ‘‘Richard D. Watkins Post Office 2003; to the Committee on Commerce, EC–5339. A communication from the Chief Building’’. Science, and Transportation. Counsel, Office of Foreign Assets Control, H.R. 3379. An act to designate the facility EC–5328. A communication from the Chief, Department of the Treasury, transmitting, of the United States Postal Service located Regulations and Administrative Law, Coast pursuant to law, the report of a rule entitled at 3210 East 10th Street in Bloomington, In- Guard, transmitting, pursuant to law, the re- ‘‘31 CFR Part 575—Authorization for U.S. Fi- diana, as the ‘‘Francis X. McCloskey Post Of- port of a rule entitled ‘‘Drawbridge Regula- nancial Institutions to Transfer Certain fice Building’’. tions: [CGD08–03–042], Mississippi River, Claims Against the Government of Iraq’’ re- Iowa, and Illinois’’ (RIN1625–AA09) received f ceived on November 20, 2003; to the Com- on November 19, 2003; to the Committee on mittee on Banking, Housing, and Urban Af- MEASURES REFERRED Commerce, Science, and Transportation. fairs. EC–5329. A communication from the Chief, EC–5340. A communication from the Direc- The following bill was read the first Regulations and Administrative Law, Coast tor, Executive Office of the President, Office and the second times by unanimous Guard, transmitting, pursuant to law, the re- of Management and Budget, transmitting, consent, and referred as indicated: port of a rule entitled ‘‘Drawbridge Regula- pursuant to law, a report on direct spending H.R. 2420. An act to improve transparency tions: [CGD08–03–045], St. Croix River, Pres- or receipts legislation dated October 24, 2001; relating to the fees and costs that mutual cott, WI’’ (RIN1625–AA09) received on No- to the Committee on the Budget. fund investors incur and to improve cor- vember 19, 2003; to the Committee on Com- EC–5341. A communication from the Assist- porate governance of mutual funds; to the merce, Science, and Transportation. ant Secretary for Civil Works, Department Committee on Banking, Housing, and Urban EC–5330. A communication from the Chief, of the Army, transmitting, pursuant to law, Affairs. Regulations and Administrative Law, Coast a report relative to the Port of Los Angeles Guard, transmitting, pursuant to law, the re- The following concurrent resolutions Channel Deepening Project, California; to port of a rule entitled ‘‘Safety/Security Zone the Committee on Environment and Public were read, and referred as indicated: Regulations: (Including 2 Regulations), Works. H. Con. Res. 83. Concurrent resolution hon- [CGD07–03–144], [COTP San Diego 03–033]’’ EC–5342. A communication from the Direc- oring the victims of the Cambodian genocide (RIN1625–AA09) received on November 19, tor, Office of Congressional Affairs, Office of that took place from April 1975 to January 2003; to the Committee on Commerce, Nuclear Reactor Regulation, transmitting, 1979; to the Committee on Foreign Relations. Science, and Transportation. pursuant to law, the report of a rule entitled H. Con. Res. 288. Concurrent resolution EC–5331. A communication from the Chief, ‘‘Direct Final Rule on Decommissioning honoring Seeds of Peace for its promotion of Regulations and Administrative Law, Coast Trust Provisions’’ (RIN3150–AH32) received understanding, reconciliation, acceptance, Guard, transmitting, pursuant to law, the re- on November 19, 2003; to the Committee on coexistence, and peace among youth from port of a rule entitled ‘‘Regulated Naviga- Environment and Public Works.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15283 EC–5343. A communication from the Assist- were referred or ordered to lie on the Whereas, This State seeks to encourage ant Secretary, Legislative Affairs, Depart- table as indicated: and expand mutually beneficial commercial ment of State, transmitting, pursuant to the POM–326. A resolution adopted by the Gen- relationships with Taiwan; and Arms Export Control Act, the report of a eral Assembly of the State of New Jersey rel- Whereas, Taiwan is a modern democracy proposed license for the export of defense ar- ative to the federal tax code; to the Com- that routinely holds free and fair elections ticles or defense services sold commercially mittee on Armed Services. and has dramatically improved its record on under a contract in the amount of $100,000,000 human rights; and or more to Australia; to the Committee on ASSEMBLY RESOLUTION NO. 292 Whereas, Taiwan’s 23,000,000 people are not Foreign Relations. Whereas, The President of the United represented in the United Nations; and EC–5344. A communication from the Assist- States has authorized the Secretary of De- Whereas, Taiwan has in recent years re- ant Secretary, Legislative Affairs, Depart- fense to mobilize select members of the Na- peatedly expressed its strong desire to par- ment of State, transmitting, pursuant to the tional Guard to active duty in response to ticipate in the United Nations and has much Arms Export Control Act, the report of a the continuing global war on terrorism, to contribute to the work and funding of the proposed manufacturing agreement of the armed conflict with Iraq, and heightened United Nations; and manufacture of significant military equip- tensions with North Korea, additionally, Whereas, Taiwan’s participation in the ment abroad and the license for the export of state governors have mobilized National United Nations will help maintain peace and defense articles or defense services sold com- Guard members for state active duty to pro- stability in Asia and the Pacific: Now, there- mercially under a contract in the amount of tect airports, nuclear power plants and inter- fore, be it $50,000,000 or more to the Republic of Korea; state bridges and tunnels; and Resolved by the General Assembly of the State to the Committee on Finance. Whereas, Members of the National Guard of New Jersey: EC–5345. A communication from the Direc- activated by the President of the United 1. The Congress and the President of the tor, Executive Office of the President, Office States are entitled to certain exemptions United States are respectfully memorialized of Management and Budget, transmitting, from income taxation that members of the to strengthen trade relations with the Re- pursuant to law, a report on direct spending National Guard activated by a Governor are public of China (Taiwan) and to support the or receipts legislation dated October 24, 2001; not; and participation of the Republic of China (Tai- to the Committee on Foreign Relations. Whereas, Members of the National Guard wan) in the United Nations. EC–5346. A communication from the Acting activated during the current crises, whether 2. Duly authenticated copies of this resolu- Chief, Publications and Regulations Branch, activated by the President of the United tion, signed by the Speaker of the General Internal Revenue Service, transmitting, pur- States or a Governor, are serving vital inter- Assembly and attested by the Clerk thereof, suant to law, the report of a rule entitled ests for which they deserve the full support shall be transmitted to the President of the ‘‘Appeals Settlement Guidelines: Forest of our government; and United States, the President of the United Products—Losses of Timber for Epidemic for Whereas, Many of the National Guard States Senate, the Speaker of the United Southern Pine Beetles’’ (UIL165.19–00) re- members and their families will suffer short States House of Representatives, the United ceived on November 20, 2003; to the Com- and long-term hardships due to their state States Trade Representative, and every mittee on Finance. activation during the crises; and member of the New Jersey Congressional EC–5347. A communication from the Acting Whereas, It is fitting and proper that the delegation. Chief, Publications and Regulations Branch, United States government recognize the sac- Internal Revenue Service, transmitting, pur- rifice that these mobilized National Guard POM–328. A resolution adopted by the Gen- suant to law, the report of a rule entitled members and their families are making; and eral Assembly of the State of New Jersey rel- ‘‘October–December 2003 Bond Fund Whereas, Part of this recognition should ative to a Medicare prescription drug ben- Amounts’’ (Rev. Rul. 2003–117) received on consist of the enactment of federal legisla- efit; to the Committee on Finance. November 20, 2003; to the Committee on Fi- tion establishing the same tax treatment for nance. allowances received by members of the Na- ASSEMBLY RESOLUTION NO. 318 EC–5348. A communication from the Acting tional Guard on state active duty as exists Whereas, Some senior citizens in New Jer- Chief, Publications and Regulations Branch, for allowances received by such members on sey have prescription drug coverage through Internal Revenue Service, transmitting, pur- federal active duty: Now, therefore, be it the ‘‘Pharmaceutical Assistance to the Aged suant to law, the report of a rule entitled Resolved by the General Assembly of the State and Disabled’’ and Medicaid programs, Medi- ‘‘Transfers to Provide for Satisfaction of of New Jersey: care supplemental insurance policies or re- Contested Liabilities’’ (RIN1545–BA91) re- 1. The President of the United States and tirement benefit plans; however, according ceived on November 20, 2003; to the Com- the Congress of the United States are re- to the federal government, approximately mittee on Finance. spectfully urged to enact legislation to one-third of senior citizens in the nation do EC–5349. A communication from the Acting amend the provisions of the federal tax code not have any insurance coverage for pre- Chief, Publications and Regulations Branch, to exempt from taxable income of National scription drugs; and Internal Revenue Service, transmitting, pur- Guard members on state active duty allow- Whereas, Prescription drugs and medica- suant to law, the report of a rule entitled ances received for housing and subsistence. tion therapy management services are essen- ‘‘Transfers to Provide for Satisfaction of 2. Duly authenticated copies of this resolu- tial components of medical treatment, yet Contested Liabilities’’ (RIN1545–BA91) re- tion, signed by the Speaker of the General the Medicare program does not offer a com- ceived on November 20, 2003; to the Com- Assembly and attested by the Clerk thereof, prehensive prescription drug and service ben- mittee on Finance. shall be transmitted to the President of the efit to senior citizens who need prescription EC–5350. A communication from the Acting United States, the Majority and Minority drug and service coverage in order to be able Chief, Publications and Regulations Branch, Leaders of the United States Senate, the to afford their medications and comply with Internal Revenue Service, transmitting, pur- Speaker and Minority Leader or the United prescription medication regimes; and suant to law, the report of a rule entitled States House of Representatives, and each Whereas, Proper utilization of prescrip- ‘‘Applicable Federal Rates—December 2003’’ member of Congress elected from the State tions drugs can be one of the most cost-effec- (Rev. Rul. 2003–122) received on November 20, of New Jersey. tive medical interventions available in the 2003; to the Committee on Finance. health care system and medication therapy EC–5351. A communication from the Acting POM–327. A resolution adopted by the Gen- management services would assist senior Chief, Publications and Regulations Branch, eral Assembly of the State of New Jersey rel- citizens in proper medication utilization, Internal Revenue Service, transmitting, pur- ative to trade relations with Taiwan; to the which can help reduce adverse medication suant to law, the report of a rule entitled Committee on Finance. events that oftentimes result in increased ‘‘Transfers to Trusts to Provide for the Sat- ASSEMBLY RESOLUTION NO. 228 spending of Medicare funds for nursing home isfaction of Contested Liabilities’’ (Notice Whereas, The United States and the Re- stays and hospital, physician and emergency 2003–77) received on November 20, 2003; to the public of China, commonly known as Tai- room visits; and Committee on Finance. wan, maintain an important trade relation- Whereas, Proper utilization of prescription EC–5352. A communication from the Pro- ship, with Taiwan being among the largest drugs can meet the needs of special popu- curement Executive, Department of State, trading partners of the United States and lations with chronic diseases and those with transmitting, pursuant to law, the report of the United States being one of the largest co-morbidities through coordinating care a rule entitled ‘‘Governmentwide Debarment exporters to Taiwan; and with disease management, drug utilization and Suspension (Nonprocurement) and Gov- Whereas, Taiwan, the fourteenth largest review and patient education program, all of ernmentwide Requirements for Drug-Free trading nation in the world, is a center for which aid in ameliorating medical errors; Workplace’’ (RIN1400–AB83) received on No- international trade which is vital to the eco- and vember 19, 2003; to the Committee on Gov- nomic prosperity of this State and the Whereas, Promoting greater access to pre- ernmental Affairs. United States in general; and scription drugs through the inclusion of a f Whereas, The State of New Jersey and Tai- prescription benefit in the Medicare program PETITIONS AND MEMORIALS wan established a sister-state relationship in would reduce the incidence of senior citizens 1989 symbolizing the close friendship between employing unsafe cost-saving methods, such The following petitions and memo- the people of New Jersey and the people of as splitting pills and staggering the days on rials were laid before the Senate and Taiwan; and which medications are taken; and

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15284 CONGRESSIONAL RECORD — SENATE November 20, 2003 Whereas, Comprehensive reform of the relies on the ability to maintain a steady do- Resolved, That the House of Representa- Medicare program would coordinate care for mestic steel supply; and tives of the Commonwealth of Pennsylvania this population and offer more choices of Whereas, Maintaining a steady domestic memorialize the Congress of the United quality coverage for senior citizens, while steel supply is critical to the overall com- States to pass Senate Bill No. 548 to provide maintaining the financial sustainability of petitiveness of the United States manufac- enhanced reimbursements for and expanded the program; and turing industries in the global marketplace; capacity to mammography services under Whereas, A voluntary, comprehensive and the Medicare program; and be it further Medicare prescription drug benefit program, Whereas, Steel is essential to the manufac- Resolved, That copies of this resolution be which provides eligible enrollees with cov- turing and infrastructure sectors, the main- transmitted to the President of the United ered outpatient prescription drugs, medica- stays of every advanced economy, and no States, the Secretary of Health and Human tion preparation services and medication major industrialized nation has been able to Services, the presiding officers of each house therapy management services, would ensure function without the ability to produce of Congress and to each member of Congress senior citizens access to necessary prescrip- steel; and from Pennsylvania. tion drugs and services: Now, therefore, be it Whereas, The steel tariffs the President Resolved by the Assembly of the State of New imposed in 2002 have provided relief for the POM–332. A resolution adopted by the Jersey: domestic steel industry; the tariffs have House of Representatives of the General As- 1. This House respectfully memorializes stopped the hemorrhaging and the steel in- sembly of the Commonwealth of Pennsyl- Congress to enact, and the President of the dustry is seeing signs of real recovery; the vania relative to the Federal Unemployment United States to sign into law, a financially industry has begun the process of significant Tax Act; to the Committee on Finance. sustainable, voluntary, universal and com- restructuring to adjust to the current import HOUSE RESOLUTION NO. 53 prehensive prescription drug benefit in the competition situation; and continued relief Whereas, the Federal Unemployment Tax Medicare program, which would ensure sen- for the full three-year term is necessary so Act (FUTA) requires that every employer ior citizens access to necessary prescription that the industry can undertake vital capital pay an excise tax of 6.2% on the first $7,000 drugs and services. investments that it was forced to postpone of total wages paid to each employee; and 2. Duly authenticated copies of this resolu- due to the import crisis; therefore be it Whereas, FUTA includes corporate officers tion, signed by the Speaker of the General Resolved (the Senate concurring), That the within the scope of covered employment by Assembly and attested by the Clerk of the General Assembly urge the President to defining these persons as ‘‘employees’’ of a General Assembly, shall be forwarded to the maintain the Section 201 steel tariffs for the corporation (26 U.S.C. § 3121(d)(1)); and President of the United States, the Sec- three-year duration and provide all available Whereas, Pennsylvania employers, includ- retary of Health and Human Services of the assistance to ease the hardship which was re- ing corporate officers, can, to the extent pro- United States, the presiding officers of the sulted for thousands of retired steelworkers vided by law, take a tax credit against the United States Senate and the House of Rep- as a result of bankruptcies and restruc- FUTA tax of the unemployment contribu- resentatives, and each of the members of the turing; and be it further tions that were paid into Pennsylvania’s un- Congress of the United States elected from Resolved, That a copy of this resolution be employment compensation fund; and the State of New Jersey. transmitted to the President of the United Whereas, FUTA establishes that employers States, to Vice President Dick Cheney, to may take a maximum credit of 5.4% against POM–329. A resolution adopted by the the members of Congress and to Pennsyl- the FUTA tax; and Commission of the City of Miami of the vania Governor Edward G. Rendell. Whereas, after the offset credit is applied, State of Florida relative to tax-exempt gov- Pennsylvania employers who pay into the ernmental facilities; to the Committee on POM–331. A resolution adopted by the State unemployment system are left to pay Finance. House of Representatives of the General As- 0.8% FUTA tax on the first $7,000 in wages POM–330. A resolution adopted by the sembly of the Commonwealth of Pennsyl- paid to each employee; and House of Representatives of the General As- vania relative to the Medicare program; to Whereas, Pennsylvania’s Unemployment sembly of the Commonwealth of Pennsyl- the Committee on Finance. Compensation Law requires that corporate vania relative to steel tariffs; to the Com- HOUSE RESOLUTION NO. 255 officers pay unemployment compensation mittee on Finance. taxes, although they generally are not eligi- Whereas, The mammogram is the medical HOUSE RESOLUTION NO. 348 ble to collect unemployment compensation standard in early breast cancer detection, re- benefits should they become unemployed; Whereas, The Commonwealth of Pennsyl- ducing mortality due to breast cancer by at and vania is the birthplace of the American steel least 30%; and Whereas, Pennsylvania corporate officers industry and home to the country’s largest Whereas, In the past year and a half, low have expressed frustration because they are steel producer, United States Steel Corpora- Medicare and private insurance reimburse- required to pay into the State’s unemploy- tion, and to the United Steelworkers of ment rates for mammograms have contrib- ment compensation sysetm but are subse- America; and uted to a crisis in mammography; and quently denied unemployment benefits when Whereas, The House of Representatives of Whereas, The average cost of a mammo- they become unemployed; and the Commonwealth of Pennsylvania unani- gram is between $90 and $100 and Medicare Whereas, the payment of unemployment mously passed House Resolution 429 on Feb- only reimburses $69 for the procedure; and compensation taxes is especially burdensome ruary 12, 2002, calling upon the President to Whereas, The private insurance reimburse- for small, incorporated businesses; and maintain the Section 201 steel tariffs; and ment is between $50 and $60; and Whereas, exempting Pennsylvania cor- Whereas, The Senate of the Commonwealth Whereas, As payments from the Medicare porate officers from State unemployment of Pennsylvania adopted Senate Resolution program have not kept pace with rising contribution liability would be futile be- 165 on February 12, 2002, calling upon the health care costs, hundreds of radiology clin- cause such officers would then be required to President to maintain the Section 201 steel ics have been forced to close their doors and pay the full 6.2% FUTA tax on their wages tariffs; and radiologists have been unable to provide instead of the net 0.8% rate normally paid Whereas, As set forth in House Resolution mammography services because health care with the 5.4% offset credit permitted for 429 and Senate Resolution 165, the domestic providers are not adequately reimbursed; and State unemployment taxes paid; and steel industry and the United Steelworkers Whereas, The current mammography crisis Whereas, such an exemption would not pro- of America have worked cooperatively and is causing an increasing shortage of qualified vide any real tax relief to corporate officers, made difficult decisions to ensure that the radiologists to administer mammograms; but would merely result in the Federal Gov- steel industry’s restructuring occur in order and ernment benefiting from additional tax rev- to advance a globally competitive United Whereas, United States Senators Tom Har- enue at the expense of Pennsylvania’s unem- States steel industry; and kin and Olympia Snowe introduced Senate ployment compensation fund: Therefore be it Whereas, The President of the United Bill No. 548, which would be known as the Resolved (the senate concurring) That the States imposed steel tariffs on March 5, 2003, Assure Access to Mammography Act; and General Assembly of the Commonwealth of which have been vitally important to allow Whereas, Senate Bill No. 548 would in- Pennsylvania urge the Congress to reexam- for the restructuring of the steel industry; crease: ine the FUTA tax as it relates to corporate and (1) The reimbursement rate of mammog- officers and reevaluate the need for such a Whereas, Since the imposition of the Sec- raphy services under the Medicare program tax; and be it further tion 201 tariffs, imports and domestic pro- to $90. Resolved, That copies of this resolution be duction of steel have increased; and (2) The Medicare graduate medical edu- transmitted to the presiding officers of each Whereas, Steel prices in the United States cation funding for added radiology residency house of Congress and to each member of are still lower than in most other major slots, some of which are required to spe- Congress from Pennsylvania. steel-consuming markets around the world, cialize in mammography. and any inquiry suffered by steel-consuming (3) The funding for allied health profession POM–333. A resolution adopted by the industries is unrelated to the President’s loan programs in order to increase the sup- House of Representatives of the General As- steel program; and ply of qualified radiological technicians sembly of the Commonwealth of Pennsyl- Whereas, The overall competitiveness of available to conduct mammograms; there- vania relative to the war against terrorism; the United States manufacturing industries fore be it to the Committee on Foreign Relations.

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HOUSE RESOLUTION NO. 373 POM–334. A resolution adopted by the Gen- Start parents and from the local community; Whereas, nineteen terrorists hijacked four eral Assembly of the State of New Jersey rel- and commercial airplanes on September 11, 2001, ative to funding for the Head Start program; Whereas, Head Start’s mission includes a crashing two planes into the twin towers of to the Committee on Health, Education, commitment to help parents become eco- the World Trade Center in New York City, Labor, and Pensions. nomically viable and better advocates for one into the Pentagon, in Washington, D.C., ASSEMBLY RESOLUTION NO. 307 children and also to strengthen the commu- and one in Pennsylvania, resulting in the Whereas, the Federal Head Start project in nity and engage in economic development loss of life of thousands of innocent people; the Department of Health and Human Serv- activities; and and ices has been one of the most successful of Whereas, block granting would undermine Whereas, the events of September 11 led the Great Society anti-poverty programs; the New Jersey Supreme Court’s Abbott v. President George W. Bush to initiate a war and Burk decision and allow the State to use the against terrorism that is being fought at Whereas, New Jersey’s Head Start pro- Federal funds to pay for its expenses rather home and abroad through multiple oper- grams have played a highly successful and than provide the supplemental funds that ations including diplomatic, military, finan- valuable multi-faceted role in fighting pov- the Head Start programs need to meet the cial, investigative, homeland security and erty, creating economic opportunity and Supreme Court mandates: Now, therefore, be humanitarian actions; and educating low-income children in New Jer- it Whereas, the United States is enforcing a sey since 1965; and Resolved by the General Assembly of the State doctrine which makes plain that terrorists Whereas, New Jersey’s Head Start pro- of New Jersey: will be held responsible for their actions and grams have graduated over 1.5 million chil- governments which harbor, feed, house and dren and made them education-ready for 1. This House expresses its opposition to hide terrorists will be held accountable for kindergarten; and the move of Head Start funding by the Fed- these acts; and Whereas, New Jersey Head Start programs eral Government from the Department of Whereas, the United States has moved to currently educate over 16,000 children in New Health and Human Services to the Depart- block the assets of 62 organizations and indi- Jersey and build the capacity of thousands of ment of Education and also expresses its op- viduals associated with two investment and parents and staff; and position to provide Head Start funding on a money-moving networks of terror; and Whereas, Head Start programs nationwide block grant basis. Whereas, the coalition of countries sup- and in New Jersey are under attack with a 2. Duly authenticated copies of this resolu- porting the financial war against terrorism threatened loss of funding and virtual elimi- tion, signed by the Speaker of the General now stands at 195 countries; and nation of Federal performance standards Assembly and attested by the Clerk, shall be Whereas, the United States has issued or- that include social services benefits to fami- transmitted to the President and Vice-Presi- ders blocking the access of 150 known terror- lies; and dent of the United States, the Speaker of the ists, terrorist organizations and terrorist fi- Whereas, the Federal Government is pro- House of Representatives, the Secretaries of nancial centers to United States financial posing to move funding that goes to Head Education and Health and Human Services, systems; and Start programs from the Department of and every member of Congress elected from Whereas, the United States Department of Health and Human Services to the Depart- this State. Defense has airdropped 1,725,840 Humani- ment of Education; and tarian Daily Rations totaling approximately Whereas, the Federal Government is also $120 million into Afghanistan; and proposing to block grant the Federal funding POM–335. A resolution adopted by the Whereas, the United Nations reports that that goes to Head Start programs to the in- House of Representatives of the General As- since November 1, 2001, nearly 12,000 refugees dividual states; and sembly of the Commonwealth of Pennsyl- have spontaneously returned to Afghanistan Whereas, the Department of Education has vania relative to consolidation loans; to the from refugee camps in Iran, representing no experience in supervising comprehensive Committee on Health, Education, Labor, and only a small portion of the estimated num- anti-poverty, social service and education Pensions. ber of Afghan refugees in Pakistan and Iran, programs for preschoolers and families; and HOUSE RESOLUTION NO. 388 and it is apparent that humanitarian efforts Whereas, evidence makes clear that block must continue and be encouraged; and granting to the states the funds that now go Whereas, the 1998 Amendments to the Whereas, the people of Afghanistan have directly from Federal to local Head Start Higher Education Act of 1965 (Public Law suffered extensively under the rule of the re- programs would undermine the consistent 105–244) provided for Federal consolidation pressive Taliban regime, with girls denied quality of Head Start nationwide; and loans to help students and graduates by re- access to schooling; women prohibited from Whereas, studies show that Federal funds ducing the cost of repaying the money that working, accessing medical care and leaving are 8 times more likely than State funds to they borrowed to finance their higher edu- their home unescorted; women required to reach the neediest children, including the cation; and wear the enveloping burqa; and other restric- General Accounting Office 1998 Report Whereas, the law provides that a borrower tive measures imposed on all Afghan people, ‘‘State and Federal Efforts to Target Poor who has a Federal consolidation loan is not including restrictions on smiling, laughing, Children’’; and eligible for a subsequent Federal consolida- listening to music and other normal activi- Whereas, it is inconsistent for the Federal tion loan except in the narrower cir- ties of daily living; and Government to push for national outcomes cumstances in which he or she has obtained Whereas, talks are under way in Bonn, for Head Start children and simultaneously another eligible loan that is to be consoli- Germany, among various parties in Afghani- erase the mechanisms to help achieve them; dated with the existing consolidation loan; stan to establish an agreement leading to a and and stable, cohesive and broad-based government Whereas, currently, Head Start funds only which is loyal to the people of Afghanistan 6 slots out of every 10 for eligible children Whereas, many students and graduates and respects its international obligations: and Early Head start has only enough fund- would benefit from the ability to refinance Therefore be it ing to serve 3% of all eligible children; and their student loans more than once in order Resolved, That the House of Representa- Whereas, the New Jersey Supreme Court to secure a lower rate of interest: Therefore, tives of the Commonwealth of Pennsylvania has already accepted the argument that ex- be it support and encourage the continued efforts panded preschool for low-income children in Resolved, That the House of Representa- of the President and Congress of the United poor school districts is essential to help com- tives of the Commonwealth of Pennsylvania States to bring those responsible for the Sep- bat the disadvantages they experience rel- memorialize the Congress to amend the 1998 tember 11, 2001, attack on America to jus- ative to children living in wealthier school Amendments to the Higher Education Act of tice; and be it further districts; and 1965 to allow for subsequent Federal consoli- Resolved, That the House of Representa- Whereas, New Jersey has this nation’s dation loans regardless of whether the bor- tives of the Commonwealth of Pennsylvania most segregated housing system and school rower has obtained a new eligible loan; and support and encourage efforts currently districts, and loss of Head Start means low- be it further under way to establish a stable government income and black and Latino children would Resolved, That copies of this resolution be in Afghanistan and enable Afghanistan to be- be disappropriately affected; and transmitted to the President of the United come a peaceful participant in world na- Whereas, over $131 million in Head Start States, to the presiding officers of each tions; and be it further funds comes to local programs in New Jer- house of Congress and to each member of Resolved, That the House of Representa- sey, which leverages those funds and invests Congress from Pennsylvania. tives of the Commonwealth of Pennsylvania in local businesses within the local Head encourage national and international efforts Start community; and to bring humanitarian aid and relief to the Whereas, many community-based Head POM–336. A resolution adopted by the people of Afghanistan; and be it further Start programs in New Jersey are able to House of Representatives of the Legislature Resolved, That copies of this resolution be build preschool facilities more economically of the State of Michigan relative to con- transmitted to the President of the United and efficiently within the community than firmation hearings on the Michigan nomi- States, to the presiding officers of each the State and public schools; and nees to the United States 6th Circuit Court house of Congress and to each member of Whereas, over 1,060 of Head Start’s 3,400 of Appeals; to the Committee on the Judici- Congress from Pennsylvania. employees in New Jersey are former Head ary.

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SENATE RESOLUTION NO. 127 people to the Sixth Circuit Court of Appeals, months to reach a final disposition of an ap- Whereas, the Senate of the United States with three of them designated to address ju- peal. With the national average at only 10.9 is perpetuating a grave injustice and endan- dicial emergencies. Four of these nominees months, this means the Sixth Circuit takes gering the well-being of countless Ameri- continue to languish without hearings be- over 40% longer than the national average to cans, putting our system of justice in jeop- cause of the obstruction of the two Michigan process a case; and ardy in Michigan and the states of the Sixth Senators: Now, therefore, be it Whereas, the last time the Sixth Circuit Circuit of the federal court system; and Resolved by the senate, That we memorialize was this understaffed, former Chief Judge Whereas, the Senate of the United States the United States Senate and Michigan’s Gilbert S. Merritt said that it was handling is allowing the continued, intentional ob- United States Senators to act to continue ‘‘a caseload that is excessive by any stand- struction of the judicial nominations of four the confirmation hearings and to have a vote ard.’’ Judge Merritt also wrote that the fine Michigan jurists: Judges Henry W. Saad, by the full Senate on the Michigan nominees court was ‘‘rapidly deteriorating, under- Susan B. Neilson, David W. McKeague, and to the United States 6th Circuit Court of Ap- staffed and unable to properly carry out Richard A. Griffin, all nominated by the peals; and be it further their responsibilities’’; and Whereas, decisions from the Sixth Circuit President of the United States to serve on Resolved, That copies of this resolution be are slower in coming, based on less careful the United States 6th Circuit Court of Ap- transmitted to Michigan’s United States deliberation, and as a result, are less likely peals; and Senators and to the President of the United to be just and predictable. The effects on our Whereas, this obstruction is not only States Senate. people, our society, and our economy are far- harming the lives and careers of good, quali- ¥ reaching, including transaction costs. Liti- fied judicial nominees, but it is also pro- POM 337. A resolution adopted by the gation increases as people strive to continue longing a dire emergency in the administra- Senate of the Legislature of the State of doing business when the lines of swift justice tion of justice. This emergency has brought Michigan relative to confirmation hearings on the Michigan nominees to the United and clear precedent are being blurred; and home to numerous Americans the truth of Whereas, President Bush has done his part the phrase ‘‘justice delayed is justice de- States 6th Circuit Court of Appeals; to the Committee on the Judiciary. to alleviate this judicial crisis. Over the past nied’’; and two years, he has nominated eight qualified HOUSE RESOLUTION NO. 108 Whereas, both of Michigan’s Senators con- people to the Sixth Circuit Court of Appeals, tinue to block the Judiciary Committee of Whereas, the Senate of the United States with three of them designated to address ju- the United States from holding hearings re- is perpetuating a grave injustice and endan- dicial emergencies. Four of these nominees garding these nominees. This refusal to gering the well-being of countless Ameri- continue to languish without hearings be- allow the United States to complete its con- cans, putting our system of justice in jeop- cause of the obstruction of the two Michigan stitutional duty of advice and consent is de- ardy in Michigan and the states of the Sixth Senators: Now, therefore, be it nying the nominees the opportunity to ad- Circuit of the federal court system; and Resolved by the house of representatives, dress any honest objections to their records Whereas, the Senate of the United States That we memorialize the United States Sen- or qualifications. It is also denying other is allowing the continued, intentional ob- ate and Michigan’s United States Senators Senators the right to air the relevant issues struction of the judicial nominations of four to act to begin the confirmation hearings on and vote according to their consciences. This fine Michigan jurists: Judges Henry W. Saad, the Michigan nominees to the United States is taking place during an emergency in the Susan B. Neilson, David W. McKeague, and 6th Circuit Court of Appeals; and be it fur- United States 6th Circuit Court of Appeals Richard A. Griffin, all nominated by the ther with the backlog of cases; and President of the United States to serve on Resolved, That copies of this resolution be Whereas, we join with the members of the United States 6th Circuit Court of Ap- transmitted to Michigan’s United States Michigan’s congressional delegation who peals; and Senators and to the President of the United wrote Chairman Orrin Hatch on February 26, Whereas, this obstruction is not only States Senate. 2003, to express their concern that ‘‘if the harming the lives and careers of good, quali- f President’s nominations are permitted to be fied judicial nominees, but it is also pro- held hostage, for reasons not personal to any longing a dire emergency in the administra- REPORTS OF COMMITTEES nominee, then these judicial seats tradition- tion of justice. This emergency has brought The following reports of committees ally held by judges representing the citizens home to numerous Americans the truth of were submitted: of Michigan may be filled with nominees the phrase ‘‘justice delayed is justice de- from other states within the Sixth Circuit. nied’’; and By Ms. COLLINS, from the Committee on This would be an injustice to the many citi- Whereas, both of Michigan’s Senators con- Governmental Affairs, without amendment: S. 1741. A bill to provide a site for the Na- zens who support these judges and who have tinue to block the Judiciary Committee of tional Women’s History Museum in the Dis- given much to their professions and govern- the United States Senate from holding hear- trict of Columbia (Rept. No. 108–204). ment in Michigan’’; and ings regarding these nominees. This refusal By Mr. INHOFE, from the Committee on Whereas, we are concerned about the Sixth to allow the United States Senate to com- Environment and Public Works, with an Circuit as a whole, a circuit understaffed, plete its constitutional duty of advice and amendment: with 4 of its 16 seats vacant, knowing that consent is denying the nominees the oppor- S. 1425. A bill to amend the Safe Drinking the Sixth Circuit ranks next to last out of tunity to address any honest objections to Water Act to reauthorize the New York City the 12 circuit courts in the time it takes to their records or qualifications. It is also de- Watershed Protection Program (Rept. No. complete its cases. Since 1996, each active nying other Senators the right to air the rel- 108–205). judge has had to increase his or her number evant issues and vote according to their con- By Ms. COLLINS, from the Committee on of decisions by 46%—more than three times sciences. This is taking place during an Governmental Affairs, with an amendment the national average. In the recent past, the emergency in the United States 6th Circuit in the nature of a substitute: Sixth Circuit has taken as long as 15.3 Court of Appeals with the backlog of cases; S. 1567. A bill to amend title 31, United months to reach a final disposition of an ap- and States Code, to improve the financial ac- peal. With the national average at only 10.9 Whereas, we join with the members of countability requirements applicable to the months, this means the Sixth Circuit takes Michigan’s congressional delegation who Department of Homeland Security, and for over 40% longer than the national average to wrote Chairman Orrin Hatch on February 26, other purposes. process a case; and 2003, to express their concern that ‘‘if the f Whereas, the last time the Sixth Circuit President’s nominations are permitted to be was this understaffed, former Chief Judge held hostage, for reasons not personal to any INTRODUCTION OF BILLS AND Gilbert S. Merritt said that it was handling nominee, then these judicial seats tradition- JOINT RESOLUTIONS ‘‘a caseload that is excessive by any stand- ally held by judges representing the citizens ard.’’ Judge Merritt also wrote that the of Michigan may be filled with nominees The following bills and joint resolu- court was ‘‘rapidly deteriorating, under- from other states within the Sixth Circuit. tions were introduced, read the first staffed and unable to properly carry out This would be an injustice to the many citi- and second times by unanimous con- their responsibilities’’; and zens who support these judges and who have sent, and referred as indicated: Whereas, decisions from the Sixth Circuit give much to their professions and govern- By Ms. SNOWE: are slower in coming, based on less careful ment in Michigan’’; and S. 1897. A bill to amend title XVIII of the deliberation, and, as a result, are less likely Whereas, we are concerned about the Sixth Social Security Act to provide a clarifica- to be just and predictable. The effects on our Circuit as a whole, a circuit court under- tion of congressional intent regarding the people, our society, and our economy are far- staffed, with 4 of its 16 seats vacant, knowing counting of residents in a nonprovider set- reaching, including transaction costs. Liti- that the Sixth Circuit ranks next to last out ting for purposes making payment for med- gation increases as people strive to continue of the 12 circuit courts in the time it takes ical education under the medicare program; doing business when the lines of swift justice to complete its cases. Since 1996, each active to the Committee on Finance. and clear precedent are being blurred; and judge has had to increase his or her number By Mr. COLEMAN: Whereas, President Bush has done his part of decisions by 46%—more than three times S. 1898. A bill to amend the Internal Rev- to alleviate this judicial crisis. Over the past the national average. In the recent past, the enue Code of 1986 to allow tax-payers to des- two years, he has nominated eight qualified Sixth Circuit has taken as long as 15.3 ignate part or all of any income tax refund

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15287 to support reservists and National Guard violations of the TRIPS Agreement, and for S. 1177, a bill to ensure the collection members; to the Committee on Finance. other purposes; to the Committee on Fi- of all cigarette taxes, and for other By Mr. BROWNBACK (for himself and nance. purposes. Mr. GREGG): f S. 1899. A bill to improve data collection S. 1266 and dissemination, treatment, and research SUBMISSION OF CONCURRENT AND At the request of Mrs. CLINTON, the relating to cancer, and for other purposes; to SENATE RESOLUTIONS names of the Senator from Illinois (Mr. the Committee on Health, Education, Labor, FITZGERALD), the Senator from Penn- and Pensions. The following concurrent resolutions sylvania (Mr. SPECTER), the Senator By Mr. LUGAR: and Senate resolutions were read, and from Colorado (Mr. CAMPBELL) and the S. 1900. A bill to amend the African Growth referred (or acted upon), as indicated: and Opportunity Act to expand certain trade Senator from Wyoming (Mr. ENZI) were By Mr. LEVIN (for himself, Ms. COL- benefits to eligible sub-Saharan African added as cosponsors of S. 1266, a bill to LINS, Mr. LIEBERMAN, Mr. REED, Mr. countries, and for other purposes; to the award a congressional gold medal to LAUTENBERG, Mr. DODD, Mr. WYDEN, Committee on Finance. Mr. JEFFORDS, and Mr. KENNEDY): Dr. Dorothy Height, in recognition of By Mr. BAYH: her many contributions to the Nation. S. 1901. A bill to amend the Internal Rev- S. Res. 269. A resolution urging the Gov- enue Code of 1986 to provide for tax credit for ernment of Canada to end the commercial S. 1298 offering employer-based health insurance seal hunt that opened on November 15, 2003; At the request of Mr. AKAKA, the coverage and to provide for the establish- to the Committee on Foreign Relations. name of the Senator from Rhode Island By Mr. COLEMAN (for himself and Mr. ment of health insurance purchasing pools; (Mr. CHAFEE) was added as a cosponsor to the Committee on Finance. DAYTON): S. Res. 270. A resolution congratulating of S. 1298, a bill to amend the Farm Se- By Mr. REED (for himself, Mr. SPEC- curity and Rural Investment Act of TER, Mr. DURBIN, and Mr. ALLEN): John Gagliardi, football coach of St. John’s S. 1902. A bill to establish a National Com- University, on the occasion of his becoming 2002 to ensure the humane slaughter of mission on Digestive Diseases; to the Com- the all-time winningest coach in collegiate non-ambulatory livestock, and for mittee on Health, Education, Labor, and history; considered and agreed to. other purposes. Pensions. f S. 1354 By Mr. BROWNBACK (for himself and At the request of Ms. MURKOWSKI, the Mr. BAYH): ADDITIONAL COSPONSORS S. 1903. A bill to promote human rights, de- name of the Senator from Idaho (Mr. S. 560 mocracy, and development in North Korea, CRAPO) was added as a cosponsor of S. to promote overall security on the Korean At the request of Mr. CRAIG, the 1354, a bill to resolve certain convey- Peninsula and establish a more peaceful name of the Senator from Maryland ances and provide for alternative land world environment, and for other purposes; (Mr. SARBANES) was added as a cospon- selections under the Alaska Native to the Committee on the Judiciary. sor of S. 560, a bill to impose tariff-rate Claims Settlement Act related to Cape By Mr. GRAHAM of Florida (for him- quotas on certain casein and milk pro- Fox Corporation and Sealaska Corpora- self and Mr. NELSON of Florida): tein concentrates. S. 1904. A bill to designate the United tion, and for other purposes. States courthouse located at 400 North S. 595 S. 1411 Miami Avenue in Miami, Florida, as the At the request of Mr. HATCH, the At the request of Mr. KERRY, the ‘‘Wilkie D. Ferguson, Jr. United States name of the Senator from Texas (Mrs. name of the Senator from Connecticut Courthouse’’; to the Committee on Environ- HUTCHISON) was added as a cosponsor of (Mr. LIEBERMAN) was added as a co- ment and Public Works. S. 595, a bill to amend the Internal By Ms. MURKOWSKI (for herself and sponsor of S. 1411, a bill to establish a Revenue Code of 1986 to repeal the re- Mr. CAMPBELL): National Housing Trust Fund in the S. 1905. A bill to provide habitable living quired use of certain principal repay- Treasury of the United States to pro- quarters for teachers, administrators, other ments on mortgage subsidy bond vide for the development of decent, school staff, and their households in rural financings to redeem bonds, to modify safe, and affordable housing for low-in- areas of Alaska located in or near Alaska the purchase price limitation under come families, and for other purposes. Native Villages; to the Committee on Indian mortgage subsidy bond rules based on S. 1500 Affairs. median family income, and for other By Mr. SESSIONS (for himself and Mr. At the request of Mr. CONRAD, the purposes. MILLER): name of the Senator from South Da- S. 1906. A bill to provide for enhanced Fed- S. 674 kota (Mr. JOHNSON) was added as a co- eral, State, and local enforcement of the im- At the request of Ms. COLLINS, the sponsor of S. 1500, a bill to amend the migration laws, and for other purposes; to name of the Senator from New York the Committee on the Judiciary. Internal Revenue Code of 1986 to mod- (Mrs. CLINTON) was added as a cospon- By Mr. DASCHLE (for himself, Mr. ify the tax credit for holders of quali- JOHNSON, Mr. LEAHY, Mr. NELSON of sor of S. 674, a bill to amend the Na- fied zone academy bonds. Nebraska, Mr. PRYOR, Mr. BAUCUS, tional Maritime Heritage Act of 1994 to S. 1619 reaffirm and revise the designation of Mr. DAYTON, Mr. HARKIN, Mr. FEIN- At the request of Mrs. MURRAY, the GOLD, Mr. BINGAMAN, Mr. JEFFORDS, America’s National Maritime Museum, name of the Senator from West Vir- Mr. EDWARDS, and Mr. SCHUMER): and for other purposes. S. 1907. A bill to promote rural safety and ginia (Mr. ROCKEFELLER) was added as S. 811 improve rural law enforcement; to the Com- a cosponsor of S. 1619, a bill to amend mittee on the Judiciary. At the request of Mr. ALLARD, the the Individuals with Disabilities Edu- By Mr. CORNYN: name of the Senator from Alaska (Ms. cation Act to ensure that children with S. 1908. A bill to allow certain Mexican na- MURKOWSKI) was added as a cosponsor disabilities who are homeless or are tionals to be admitted as nonimmigrant visi- of S. 811, a bill to support certain hous- wards of the State have access to spe- tors for a period of 6 months; to the Com- ing proposals in the fiscal year 2003 cial education services, and for other mittee on the Judiciary. budget for the Federal Government, in- By Mr. COCHRAN (for himself and Mr. purposes. cluding the downpayment assistance KENNEDY): S. 1758 initiative under the HOME Investment S. 1909. A bill to amend the Public Health At the request of Mr. VOINOVICH, the Partnership Act, and for other pur- Service Act to improve stroke prevention, name of the Senator from South Caro- diagnosis, treatment, and rehabilitation; to poses. lina (Mr. GRAHAM) was added as a co- the Committee on Health, Education, Labor, S. 1006 and Pensions. sponsor of S. 1758, a bill to require the By Mr. WYDEN: At the request of Mr. BURNS, the Secretary of the Treasury to analyze S. 1910. A bill to direct the Secretary of name of the Senator from Vermont and report on the exchange rate poli- Agriculture to carry out an inventory and (Mr. JEFFORDS) was added as a cospon- cies of the People’s Republic of China, management program for forests derived sor of S. 1006, a bill to reduce tempo- and to require that additional tariffs be from public domain land; to the Committee rarily the duty on certain articles of imposed on products of that country on on Energy and Natural Resources. natural cork. the basis of the rate of manipulation By Mr. HATCH (for himself and Mr. S. 1177 LEAHY): by that country of the rate of exchange S. 1911. A bill to amend the provisions of At the request of Mr. JOHNSON, his between the currency of that country title III of the Trade Act of 1974 relating to name was withdrawn as a cosponsor of and the United States dollar.

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S. 1781 S. 1898 gible members of reserve components in ac- At the request of Mr. DORGAN, the Be it enacted by the Senate and House of Rep- cordance with section 212 of title 37, United name of the Senator from California resentatives of the United States of America in States Code.’’. (Mrs. BOXER) was added as a cosponsor Congress assembled, (2) CLERICAL AMENDMENT.—The table of sections for such subchapter is amended by of S. 1781, a bill to authorize the Sec- SECTION 1. SHORT TITLE. adding at the end the following new item: retary of Health and Human Services This Act may be cited as the ‘‘Voluntary to promulgate regulations for the re- Support for Reservists and National Guard ‘‘Sec. 9511. Reservist Income Differential importation of prescription drugs, and Members Act’’. Trust Fund.’’. for other purposes. SEC. 2. DESIGNATION OF OVERPAYMENTS TO (c) EFFECTIVE DATES.— SUPPORT RESERVISTS. (1) SUBSECTION (a).—The amendments made S. 1879 (a) DESIGNATION.— by subsection (a) shall apply to taxable years IKULSKI At the request of Ms. M , the (1) IN GENERAL.—Subchapter A of chapter beginning after December 31, 2003. name of the Senator from Maine (Ms. 61 of the Internal Revenue Code of 1986 is (2) SUBSECTION (b).—The amendments made COLLINS) was added as a cosponsor of S. amended by adding at the end the following by subsection (b) shall take effect on the 1879, a bill to amend the Public Health new part: date of the enactment of this Act. Service Act to revise and extend provi- ‘‘PART IX—DESIGNATION OF OVERPAY- SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RE- sions relating to mammography qual- MENTS TO SUPPORT RESERVISTS SERVES. ity standards. ‘‘Sec. 6097. Designation. (a) AUTHORITY.— (1) IN GENERAL.—Chapter 3 of title 37, S. 1890 ‘‘SEC. 6097. DESIGNATION. United States Code, is amended by adding at At the request of Mr. ENZI, the name ‘‘(a) IN GENERAL.—In the case of an indi- the end the following new section: of the Senator from Washington (Ms. vidual, with respect to each taxpayer’s re- ‘‘§ 212. Reserves on active duty: pay differen- turn for the taxable year of the tax imposed CANTWELL) was added as a cosponsor of tial for service in support of a contingency by chapter 1, such taxpayer may designate S. 1890, a bill to require the mandatory operation that a specified portion (not less than $1) of expensing of stock options granted to ‘‘(a) AUTHORITY.—To the extent provided in executive officers, and for other pur- any overpayment of tax for such taxable year be paid over to the Reservist Income appropriations Acts, the Secretary of a mili- poses. Differential Trust Fund. tary department shall pay an eligible mem- S. CON. RES. 81 ‘‘(b) MANNER AND TIME OF DESIGNATION.—A ber of a reserve component of the armed At the request of Mrs. FEINSTEIN, the designation under subsection (a) may be forces a pay differential computed under sub- name of the Senator from Georgia (Mr. made with respect to any taxable year only section (c). ‘‘(b) ELIGIBLE MEMBER.—A member of a re- at the time of filing the return of the tax im- MILLER) was added as a cosponsor of S. serve component is eligible for a pay dif- posed by chapter 1 for such taxable year. Con. Res. 81, a concurrent resolution ferential for each month during which the Such designation shall be made in such man- expressing the deep concern of Con- member is serving on active duty for a pe- ner as the Secretary prescribes by regula- riod of more than 30 days pursuant to a call gress regarding the failure of the Is- tions except that such designation shall be or order to active duty under a provision of lamic Republic of Iran to adhere to its made either on the first page of the return or law referred to in section 101(a)(13)(B) of title obligations under a safeguards agree- on the page bearing the taxpayer’s signature. 10. ment with the International Atomic ‘‘(c) OVERPAYMENTS TREATED AS RE- ‘‘(c) AMOUNT.—(1) Subject to paragraphs (2) FUNDED.—For purposes of this title, any por- Energy Agency and the engagement by and (3), the amount of a pay differential paid tion of an overpayment of tax designated Iran in activities that appear to be de- under this section for a month to a member under subsection (a) shall be treated as— signed to develop nuclear weapons. called or ordered to active duty as described ‘‘(1) being refunded to the taxpayer as of S. RES. 202 in subsection (b) shall be equal to the excess the last date prescribed for filing the return of— At the request of Mr. CAMPBELL, the of tax imposed by chapter 1 (determined ‘‘(A) the monthly rate of the salary, wage, name of the Senator from Michigan without regard to extensions) or, if later, the or similar form of compensation that applied (Ms. STABENOW) was added as a cospon- date the return is filed, and to the member in the member’s position of ‘‘(2) a contribution made by such taxpayer sor of S. Res. 202, a resolution express- employment (if any) for the last full month on such date to the United States.’’. ing the sense of the Senate regarding before the month in which the member ei- (2) TRANSFERS TO RESERVIST INCOME DIF- the genocidal Ukraine Famine of 1932– ther commenced the period of active duty to FERENTIAL TRUST FUND.—The Secretary of 33. which called or ordered or commenced the the Treasury shall, from time to time, trans- S. RES. 216 performance of duties for the armed forces in fer to the Reservist Income Differential another duty status in preparation for the At the request of Mr. LOTT, the name Trust Fund the amounts designated under performance of the active duty to which of the Senator from Minnesota (Mr. section 6097 of the Internal Revenue Code of called or ordered, over DAYTON) was added as a cosponsor of S. 1986. ‘‘(B) the monthly rate of basic pay payable (3) CLERICAL AMENDMENT.—The table of Res. 216, a resolution establishing as a to the member under section 204 of this title parts for subchapter A of chapter 61 of the standing order of the Senate a require- for such month of active-duty service. ment that a Senator publicly discloses Internal Revenue Code of 1986 is amended by ‘‘(2) The Secretary concerned may pay a a notice of intent to object to pro- adding at the end the following new item: member a pay differential under this section ceeding to any measure or matter. ‘‘Part IX. Designation of overpayments to for a month in an amount less than the amount computed under paragraph (1) if the f support reservists.’’. Secretary concerned determines that it is (b) RESERVIST INCOME DIFFERENTIAL TRUST STATEMENTS ON INTRODUCED necessary to do so on the basis of the avail- FUND.— BILLS AND JOINT RESOLUTIONS ability of funds for such purpose. (1) IN GENERAL.—Subchapter A of chapter ‘‘(3) A member may not be paid more than By Mr. COLEMAN: 98 of the Internal Revenue Code of 1986 (re- a total of $25,000 under this section. S. 1898. A bill to amend the Internal lating to trust fund code) is amended by add- ‘‘(d) FUNDING.—(1) Pay differentials under Revenue Code of 1986 to allow tax-pay- ing at the end the following new section: this section shall be paid out of funds that ers to designate part or all of any in- ‘‘SEC. 9511. RESERVIST INCOME DIFFERENTIAL are transferred from the Reservist Income come tax refund to support reservists TRUST FUND. Differential Trust Fund to military per- ‘‘(a) ESTABLISHMENT.—There is established and National Guard members; to the sonnel accounts for the purposes of this sec- in the Treasury of the United States a trust tion. Committee on Finance. fund to be known as the ‘Reservist Income ‘‘(2) The Secretary of Defense and the Sec- Mr. COLEMAN. Mr. President, I ask Differential Trust Fund’, consisting of such retary of the Treasury shall jointly prescribe unanimous consent that the bill I in- amounts as may be appropriated or credited regulations providing for transfers of funds troduce today—the Voluntary Support to such Trust Fund as provided in this sec- in the Reservist Income Differential Trust for Reservists and National Guard tion or section 9602(b). Fund to the appropriate military personnel Members Act, which creates a vol- ‘‘(b) TRANSFERS TO TRUST FUND.—There accounts to make payments under this sec- untary check-off on tax returns to sup- are hereby appropriated to the Reservist In- tion. port the income lost to reservists who come Differential Trust Fund amounts ‘‘(3) In this section, the term ‘Reservist In- equivalent to the amounts designated under come Differential Trust Fund’ means the Re- are called to active duty—be printed in section 6097 (relating to designation of over- servist Income Differential Trust Fund re- the RECORD. payments to support reservists). ferred to in section 6097 of the Internal Rev- There being no objection, the bill was ‘‘(c) EXPENDITURES.—Amounts in the Re- enue Code.’’. ordered to be printed in the RECORD, as servist Income Differential Trust Fund shall (2) CLERICAL AMENDMENT.—The table of follows: be available for making distributions to eli- sections at the beginning of such chapter is

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15289 amended by adding at the end the following Our Nation began its commitment to It is very much in our interest to play new item: the War on Cancer with the passage of a constructive role in the evolving po- ‘‘212. Reserves on active duty: pay differen- the National Cancer Institute Act of litical and economic transition in Afri- tial for service in support of a 1937. In 1971, Congress committed itself ca. A stable and prosperous Africa will contingency operation.’’. to win the war with the passage of the be better equipped to cooperate on a (b) EFFECTIVE DATE.—Section 212 of title National Cancer Act. Today, I am range of shared global problems such as 37, United States Code, shall take effect on October 1, 2004, and shall apply with respect joined by the Chairman of the Health, weapons proliferation, terrorism, nar- to months that begin on or after that date. Education, Labor, and Pensions Com- cotics, the environment and contagious mittee JUDD GREGG in beginning the diseases. African economic success also By Mr. BROWNBACK (for himself next campaign of this war, with the in- can create new markets for American and Mr. GREGG): troduction of the National Cancer Act exports. If jobs are created and foreign S. 1899. A bill to improve data collec- of 2003. With this bill we renew our exchange is earned through enhanced tion and dissemination, treatment, and commitment to the fight, and join NCI exports, Africa will have greater capac- research relating to cancer, and for Director Dr. Andrew Von Eshenbach in ity to buy goods and services from other purposes; to the Committee on his commitment to make cancer survi- abroad. They will likely purchase ma- Health, Education, Labor, and Pen- vorship the rule and cancer deaths rare chinery, electronics, financial services, sions. by 2015. agricultural products, and many other Mr. BROWNBACK. Mr. President, Major provisions within the legisla- goods and services from U.S. suppliers. ours is a remarkable Nation. tion include: Enhancing our current If we had ignored Taiwan and Korea America is the home to 90 of the top cancer registry system; enhancing our in the 1960s when they were at stages of 100 universities. Americans work an av- existing screening mechanisms; cre- economic development comparable to erage of 300 hours more per year than ating a new Patient Education Pro- many African societies today, we our friends in Europe. More patents are gram; enhancing NCI Designated Com- would have missed out on enormous op- applied for in this Nation each year prehensive Cancer Centers; elevating portunities in East Asia. Years from than in all of the EU member states the importance of pain management now, I hope we can look back and say combined. We lead the world in re- and survivorship throughout the na- that we were present at a crucial junc- search and development. Perhaps the tion’s cancer programs; authorizing the ture in Africa’s growth and develop- area in which our labor and investment Office of Survivorship within NCI; free- ment and that we played a construc- will have the most profound impact, is ing the NCI to engage private entities tive role in that change. in field of the life sciences. In an effort to reverse the persistent This year our Nation met a remark- to further cancer research; and pro- viding patients with greater access to under-performance by African econo- able goal. In the span of the last 5 mies and to stimulate American in- years we have doubled our financial experimental therapies. volvement in Africa, I introduced the commitment to basic health research In the coming months, I look forward African Growth and Opportunity Act in funding. Those funds will go toward to working with the Chairman, the Ad- the United States Senate in 1999. Since saving and extending the lives of, and ministration and other members inter- its enactment in 2000, AGOA has been a improving the quality of life for, people ested committed to winning the War on positive economic force in Africa. In around the world. Cancer, to get this bill to markup, to Our history has proven that when the floor and to the President’s desk. 2002, 94 percent of U.S. imports from this Nation is resolute and determined, AGOA-eligible countries entered duty- By Mr. LUGAR: we can achieve remarkable things. free. The United States imported $9 bil- In 1939, the United States was pro- S. 1900. A bill to amend the African lion in merchandise duty-free under ducing 800 military airplanes per year. Growth and Opportunity Act to expand AGOA in 2002, a 10 percent increase At the onset of World War II, President certain trade benefits to eligible sub- from 2001. Roosevelt challenged the Nation to in- Saharan African countries, and for Imports from African countries, not crease manufacturing to 4,000 planes other purposes; to the Committee on counting oil, jumped 50 percent last per month. By the end of 1943, in per- Finance. year. In South Africa, sub-Sahara’s haps the greatest industrial feat in his- Mr. LUGAR. Mr. President, I rise most important economy, exports of tory, the United States was producing today to introduce the ‘‘United States- automobiles have increased sixteen- 8,000 military aircraft per month. Africa Partnership Act.’’ This bill fold in the past two years. The tiny On May 5, 1961, the United States builds on the important trade and in- country of Lesotho, population 2.2 mil- launched Mercury 3 and Alan Shepard vestment initiatives that were con- lion, generated $318 million in AGOA became the first American in space, tained in the African Growth and Op- exports in 2002. New export-oriented spending a total of 15 minutes and 28 portunity Act (AGOA) passed in 2000. garment factories have created 25,000 seconds in sub-orbit. Twenty days later The original African Growth and Op- jobs. For the first time in its history, President Kennedy addressed a joint portunity Act and the expansion of private sector manufacturing employ- session of Congress and proposed that AGOA that I am introducing today em- ment—thanks to trade—exceeds gov- our Nation land a man on the moon be- phasize the need to elevate the African ernment employment. fore the end of the decade. Only July private sector. The AGOA legislation Performances like this, which oc- 29, 1969, four days after leaving the offers enhanced trade benefits, more curred despite the recent slowdown in launch pad, Neil Armstrong stepped U.S. private sector investment, and a world trade, are the direct result of from the lunar module to the surface of higher level dialogue with African gov- AGOA. The legislation lets African the moon in perhaps the greatest engi- ernments. It envisions a new economic countries export some 1,800 products neering and technological feat in his- partnership between the United States duty-free, without quotas, to the tory. and African nations. United States. It is a direct response to Between 1996 and 1997, for the first To gain these benefits, African coun- developing countries’ long-time plea; time, the total number of cancer tries are expected to undertake sus- trade, not aid, is the real key to ending deaths in the United States did not tained economic reform, abide by poverty and bringing about sustain- rise. That trend has continued to this international human rights practices, able, long term economic growth. very day. Today, there are at least 50 and strengthen good goverance. These Despite these signs of progress, many compounds under investigation for effi- standards have been used by the U.S. to Africa economies remain in bad shape. cacy as cancer preventives and untold stimulate reforms in Asia, Latin Amer- Of the 64 least developed countries in research is being performed in search ica, Eastern Europe and elsewhere. the world, 38 are in Africa. Per capita of new cures and treatments for cancer. There is no reason to expect that they output of goods and services actually This is the time for our Nation to be- will not be successful in Africa as well. dropped during the 1990s, according to come resolute and determined to Private investment tends to follow the World Bank, and with only 1.4 per- achieve what may be the greatest sci- good governance and economic reform, cent of world trade in 2001, sub-Saha- entific feat in history—to win the war but the private sector takes cues from ran Africa has been falling behind the on cancer. government policies and involvement. rest of the world. During the 1990s,

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15290 CONGRESSIONAL RECORD — SENATE November 20, 2003 global gross domestic product grew a the Senate Foreign Relations Com- the Secretary of the Treasury to seek robust 44 percent; the figure for Africa mittee took action on the President’s negotiations regarding tax treaties was only 8.5 percent. From 1990 to 2001, Millennium Challenge Corporation ini- with eligible countries. gross national income per capita in tiative. This initiative would deliver In addition, it encourages U.S. pri- sub-Saharan Africa actually declined up to $8 billion over the next three vate investment in African transpor- by .2 percent. years to the world’s poorest countries, tation, energy and telecommunications Africa is in need of help, and expand- and it would condition that aid on the and increases coordination between ing AGOA should be a part of the devel- development of policies by the recipi- U.S. and African transportation enti- opment strategy for the continent. The ent countries that will make that aid ties to reduce transit times and costs experience of AGOA has taught us val- more effective. These policies include a between the United States and Africa. uable lessons about the path to en- commitment to just and democratic Finally, the bill grants funding for hanced investment and economic de- governance and economic freedom. The the continuation of the AGOA forums velopment and has confirmed some of Millennium Challenge Corporation and establishes an AGOA task force to the key principles that proponents of would build on the lessons of AGOA, facilitate the goals of the Act. The original African Growth and Op- market-based development have used which has demonstrated that private portunity Act launched an effort to to guide policy. First, AGOA has dem- investment will flow to countries that formulate a new American strategy to- onstrated that a commitment to good build a stable, predictable investment wards Africa. It sought to establish the governance and a positive investment climate. The incentives provided by foundation for a more mature eco- climate is important to economic Millennium Challenge Corporation dol- nomic relationship with those coun- growth. Countries such as Lesotho, lars would help to establish conditions tries in Africa that undertake serious which has made significant efforts in that will cause private investment dol- economic and political reforms. That recent years to promote economic re- lars to flow to the poorest countries. effort was supported by virtually all form and stable democracy, have de- Third, we need to move forward with sub-Saharan African nations, and it rived the most benefit from the AGOA enhancements to AGOA itself. That is had wide support among American provisions. Second, the experience of my purpose in introducing the United businesses and non-governmental orga- AGOA has demonstrated that regional States Africa Partnership Act nizations. We should now seize the op- integration is as essential to develop- (USAPA)—also known as ‘‘AGAO III.’’’ portunity to further integrate African ment as access to the U.S. and other The current AGOA expires in 2008. My countries into the world economy. foreign markets. Using the infrastruc- bill would extend AGOA benefits until The United States-Africa Partnership ture and economic stability of South 2015. This coincides with the goal of the Act that I introduce today recognizes Africa as a base, neighboring southern World Trade Organizations to have a the enormous potential for economic African countries have worked to- ‘‘tariff free world’’ by 2015. We should growth and development in sub-Saha- gether to take advantage of the bene- take action on this extension soon so ran Africa. It embraces the vast diver- fits under AGOA. that investors will have the certainty sity of people, cultures, economies, and AGOA should not be seen as an end in they need when making investment de- potential among forty-eight countries itself. Rather, it is an initial step de- cisions involving Africa. and nearly 700 million people. A stable signed to expand development and de- AGOA contains a provision that al- and economically prosperous Africa crease poverty by promoting greater lows least developed countries (LDCs) can provide new partnerships that will integration of Africa into the global to export capped quantities of apparel contribute greatly to our commercial trading community. Achieving these made from third country fabric to the and security interests. I urge all mem- goals will require both enhancements U.S. duty free. All other countries bers to support the United States-Afri- to the AGOA framework and additional must use U.S. or African fabric inputs ca Partnership Act so that we can steps to address the compelling prob- in order to receive duty-free treatment. achieve the mutual long-term benefits lems facing Africa. Our trade efforts This ‘‘special rule’’ for LDCs expires on that it would bring to Africa and to our must be part of a broader American September 30, 2004. USAPA would ex- country. partnership with the often-neglected tend this provision for four additional countries of Africa. years until September 30, 2008. By Mr. REED (for himself, Mr. This partnership starts with three It also would eliminate the import SPECTER, Mr. DURBIN, and Mr. issues. First, we must help address the sensitivity test with respect to African ALLEN): HIV/AIDS crisis in Africa. In addition products and nuisance provisions in the S. 1902. A bill to establish a National to the human tragedy that HIV/AIDS rule of origin for apparel. The AGOA Commission on Digestive Diseases; to has created in Africa, the epidemic se- rule of origin is modified so that it ap- the Committee on Health, Education, verely limits the economic growth that plies only to the essential components Labor, and Pensions. Mr. REED. Mr. President, I rise would reduce Africa’s poverty. When of apparel. USAPA also clarifies the today, along with my colleague, Sen- workers are forced to call in sick more definitions of certain fabrics for cus- ator SPECTER of Pennsylvania, to in- days than they are able to work, when toms purposes, including hand-loomed troduce the National Commission on government positions are experiencing folklore articles. Digestive Diseases Act. regular turnover, and when scarce cap- USAPA would develop initiatives to It is estimated that over 62 million ital must be diverted from investment provide technical and capacity building Americans presently suffer from a to dealing with the AIDS crisis, it is experience. In the area of agriculture, range of painful, debilitating and in nearly impossible to build a stable it directs the Secretary of Agriculture some cases, fatal digestive diseases. economy. to develop a comprehensive plan to in- Conditions such as inflammatory bowel Earlier this year, Congress passed crease import and export abilities in disease (IBD), irritable bowel syndrome legislation establishing a program agricultural trade. It also provides that (IBS), colorectal cancer, gastroesopha- under which the United States will 20 full-time personnel of the Animal geal reflux disease impact the lives of contribute $15 billion over the next 5 and Plant Health Inspection Service be our friends, loved ones and neighbors. years to address the HIV/AIDS crisis in stationed in at least 10 AGOA eligible These diseases produce total estimated Africa. The President signed this bill countries to provide technical assist- direct and indirect costs in excess of into law and has placed his prestige be- ance in meeting U.S. import require- $40 billion annually. Of course, these hind its effective implementation. It is ments and trade capacity building. figures do not take into account the se- my hope that this leadership and much In an effort to stimulate business rious physical and emotional toll di- needed funding will start to turn the partnerships, the bill I introduce today gestive diseases have on those af- tide in the fight against the HIV/AIDS also addresses investment incentives flicted. epidemic. and encourages the Overseas Private Thanks to significant advances in Second, we have begun an effort to Investment Corporation, the Export- medical science, we are now on the rethink the way that aid is delivered to Import Bank, and the Foreign Agricul- brink of some major scientific break- the world’s poorest countries, most of tural Service to facilitate investment throughs in the area of digestive dis- which are in Africa. Earlier this year, in AGOA eligible countries. It directs ease research. However, in other areas

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15291 of this diverse field, we still lack even burden of digestive diseases in a com- that village. The special education a basic understanding of the condition prehensive and coordinated manner. teacher slept in her classroom, bring- itself, let alone effective methods of This legislation would create a panel of ing a mattress out each evening to treatment and prevention. scientists in the relevant disciplines, sleep on the floor. The other teachers The bill I am proposing today would patient representatives, employers and shared housing in a single home. Need- call upon the Secretary of the Depart- other appropriate experts to conduct a less to say, there is not enough room ment of Health and Human Services comprehensive study on the current for the teachers’ spouses. Unfortu- (HHS) to establish a Commission of sci- state of scientific and clinical knowl- nately, Savoonga is not an isolated ex- entific and health care providers with edge in digestive diseases. The commis- ample of the teacher housing situation expertise in the field, as well as persons sion would then be charged with evalu- in rural Alaska. suffering from digestive ailments, to ating the resources necessary to expe- Rural Alaskan school districts expe- assess the state of digestive disease re- dite the discovery of treatments and rience a high rate of teacher turnover search and develop a long range plan to cures for patients with these diseases due to the lack of housing. Turnover is direct our scientific research agenda and develop a 5–10 year long-range plan as high as 30 percent each year in some with regard to digestive disease. The for effectively addressing these needs. rural areas with housing issues being a Commission would submit their report In 1976, Congress created a Commis- major factor. How can we expect our to Congress in 18 months. sion on Digestive Diseases Research children to receive a quality education This legislation would build upon the which serves as the successful model when the good teachers don’t stay? successes of a digestive disease com- for this new initiative. Following 18 How can we meet the mandates of No mission that was assembled roughly 25 months of deliberations, the 1970s com- Child Left Behind in such an edu- years ago with a similar goal. The 1976 mission created a long-range plan and cational environment? Clearly, the Commission’s findings directed signifi- recommendations that laid the ground- lack of teacher housing in rural Alaska cant progress in the area of digestive work for significant progress in the is an issue that must be addressed in disease research. area of digestive diseases research. The order to ensure that children in rural While the plan set forth by the first state of scientific knowledge has Alaska receive the same level of edu- Commission has certainly accom- changed substantially since the late cation as their peers in more urban set- plished a great deal, the burden of di- 1970s, however, and the advent of ge- tings. gestive diseases in this country re- netics and genomics research, as well My bill authorizes the Department of mains substantial and advancements in as the discovery of additional digestive Housing and Urban Development to genetics and medical technology com- diseases, compels us to look anew at provide teacher housing funds to the pel the assembly of a new commission the challenges that digestive diseases Alaska Housing Finance Corporation, to guide our research efforts well into present to patients and those who care which is a State agency. In turn, the the 21st century. for them. corporation is authorized to provide I look forward to working with my It is my hope that this legislation grant and loan funds to rural school colleagues towards expeditious passage will advance our understanding of the districts in Alaska for teacher housing of this important, bipartisan legisla- causes, effective treatments, possible projects. tion. prevention, and cures for digestive dis- This legislation will allow school dis- Mr. SPECTER. Mr. President, I have eases. I look forward to working with tricts in rural Alaska to address the sought recognition today to join my my colleagues to enact this important housing shortage in the following colleague Senator REED of Rhode Is- bipartisan legislation. ways: construct housing units; pur- land to introduce the National Com- chase housing units; lease housing mission on Digestive Diseases Act. By Ms. MURKOWSKI (for herself units; rehabilitate housing units; pur- Each year, more than 62 million and Mr. CAMPBELL): chase or lease property on which hous- Americans are diagnosed with digestive S. 1905. A bill to provide habitable ing units will be constructed, pur- diseases and disorders. These condi- living quarters for teachers, adminis- chased or rehabilitated; repay loans se- tions, such as colorectal, liver and pan- trators, other school staff, and their cured for teacher housing projects; pro- creatic cancers, inflammatory bowel households in the rural areas of Alaska vide funding to fill any gaps not pre- disease, irritable bowel syndrome, located in or near Alaska Native Vil- viously funded by loans or other forms gastroesophageal reflux disease lages; to the Committee on Indian Af- of financing; and conduct any other ac- (GERD) and chronic hepatitis C require fairs. tivities normally related to the con- patients to undergo rigorous courses of Ms. MURKOWSKI. Mr. President, I struction, purchase, or rehabilitation medical therapies and treatment. As rise to introduce a bill that will have a of teacher housing projects. Chairman of the Labor, Health and profound effect on the retention of Eligible school districts that accept Human Services, and Education Appro- teachers, administrators, and other funds under this legislation will be re- priations Subcommittee, I am acutely school staff in remote and rural areas quired to provide the housing to teach- aware that while promising research of Alaska. I am pleased to have Mr. ers, administrators, other school staff, developments have been made in these CAMPBELL join me in introducing this and members of their households. areas, the causes of many of these dis- bill. It is imperative that we address this eases are unknown and their incidence In rural areas of Alaska, school dis- important issue immediately and allow is on the rise. tricts face the challenge of recruiting the flexibility for the disbursement of In 2001, the Lewin Group conducted a and retaining teachers, administrators funds to be handled at the local level. study of the economic burden to our and other school staff due to the lack The quality of education of our rural society resulting from the direct and of housing. In the Lower Kuskokwim students is at stake. indirect costs associated with just 17 of School District in western Alaska, I ask unanimous consent that the the over several hundred digestive dis- they hire one teacher for every six who text of the bill be printed in the eases. The results of this study re- decide not to accept job offers. Half of RECORD. vealed that the total costs associated the applicants not accepting a teaching There being no objection, the bill was with physician care, inpatient and out- position in that district indicated that ordered to be printed in the RECORD, as patient hospital care as well as loss of their decision as related to the lack of follows: work for patients with digestive dis- housing. S. 1905 Earlier this year, I traveled through orders was $42 billion in the year 2000. Be it enacted by the Senate and House of Rep- It is clear from this study and the find- rural Alaska with Education Secretary resentatives of the United States of America in ings of digestive disease specialists Rod Paige. I wanted him to see the Congress assembled, around the country that these dis- challenges of educating children in SECTION 1. SHORT TITLE. orders represent enormous health and such a remote and rural environment. This Act may be cited as the ‘‘Rural economic consequences for the nation. At the village school in Savoonga, the Teacher Housing Act of 2003’’. The National Commission on Diges- principal slept in a broom closet in the SEC. 2. FINDINGS AND PURPOSE. tive Diseases Act would address the school due to the lack of housing in (a) FINDINGS.—Congress finds that—

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(1) housing for teachers, administrators, and meets the teaching certification or li- (d) OCCUPANCY OF HOUSING UNITS.— other school staff, and their households in censure requirements of the State of Alaska. (1) IN GENERAL.—Except as provided under remote and rural areas of Alaska is often (10) TRIBALLY DESIGNATED HOUSING ENTI- paragraphs (2) and (3), each housing unit con- substandard, if available at all; TY.—The term ‘‘tribally designated housing structed, purchased, rehabilitated, or leased (2) as a consequence, teachers, administra- entity’’ has the meaning given that term in with grant or loan funds under this Act, or tors, other school staff, and their households section 4 of the Native American Housing with respect to which funds awarded under are often forced to find alternate shelter, Assistance and Self-Determination Act of this Act have been expended, shall be pro- sometimes even in school buildings; and 1996 (25 U.S.C. 4103). vided to teachers, administrators, other (3) rural school districts in Alaska are fac- (11) VILLAGE CORPORATION.—The term ‘‘Vil- school staff, and members of their house- ing increased challenges, including meeting lage Corporation’’ has the meaning given holds. the mandates of the No Child Left Behind that term in section 3 of the Alaska Native (2) NON-SESSION MONTHS.—A housing unit Act, in recruiting employees due to the lack Claims Settlement Act (43 U.S.C. 1602), and constructed, purchased, rehabilitated, or of affordable, quality housing. includes urban and group corporations, as leased with grant or loan funds under this (b) PURPOSE.—The purpose of this Act is to defined in that section. Act, or with respect to which funds awarded provide habitable living quarters for teach- SEC. 4. RURAL TEACHER HOUSING PROGRAM. under this Act have been expended, may be ers, administrators, other school staff, and (a) GRANTS AND LOANS AUTHORIZED.—The occupied by individuals other than teachers, their households in rural areas of Alaska lo- Secretary shall provide funds to the Alaska administrators, other school staff, or mem- cated in or near Alaska Native Villages. Housing Finance Corporation in accordance bers of their household, only during those SEC. 3. DEFINITIONS. with the regulations promulgated under sec- times in which school is not in session. In this Act, the following definitions shall tion 5, to be used as provided under sub- (3) TEMPORARY OCCUPANTS.—A vacant hous- apply: section (b). ing unit constructed, purchased, rehabili- (1) ALASKA HOUSING FINANCE CORPORA- (b) USE OF FUNDS.— tated, or leased with grant or loan funds TION.—The term ‘‘Alaska Housing Finance (1) IN GENERAL.—Funds received pursuant under this Act, or with respect to which Corporation’’ means the State housing au- to subsection (a) shall be used by the Alaska funds awarded under this Act have been ex- thority for the State of Alaska, created Housing Finance Corporation to make grants pended, may be occupied by a contractor or under the laws of the State of Alaska, or any or loans to eligible school districts, to be guest of an eligible school district for a max- successor thereto. used as provided in paragraph (2). imum period of time, to be determined by (2) ELEMENTARY SCHOOL.—The term ‘‘ele- (2) USE OF FUNDS BY ELIGIBLE SCHOOL DIS- the Alaska Housing Finance Corporation. mentary school’’ has the meaning given that TRICTS.—Grants or loans received by an eligi- (e) COMPLIANCE WITH LAW.—Each eligible term in section 9101 of the Elementary and ble school district pursuant to paragraph (1) school district receiving a grant or loan Secondary Education Act of 1965 (20 U.S.C. shall be used for— under this Act shall ensure that all housing 7801). (A) the construction of new housing units units constructed, purchased, rehabilitated, or leased with such grant or loan funds, or (3) ELIGIBLE SCHOOL DISTRICT.—The term within a qualified community; ‘‘eligible school district’’ means a public (B) the purchase and rehabilitation of ex- with respect to which funds awarded under school district (as defined under the laws of isting structures to be used as housing units this Act have been expended, meet all appli- cable laws, regulations, and ordinances. the State of Alaska) located in the State of within a qualified community; (f) PROGRAM POLICIES.— Alaska that operates one or more schools in (C) the rehabilitation of housing units (1) IN GENERAL.—The Alaska Housing Fi- a qualified community. within a qualified community; nance Corporation, after consulting with eli- (4) NATIVE VILLAGE.—The term ‘‘Native (D) the leasing of housing units within a gible school districts, shall establish policies Village’’— qualified community; governing the administration of grant and (A) has the meaning given that term in (E) purchasing or leasing real property on loan funds made available under this Act. section 3 of the Alaska Native Claims Settle- which housing units will be constructed, pur- Such policies shall include a methodology ment Act (43 U.S.C 1602); and chased, or rehabilitated within a qualified for ensuring that funds provided under this (B) includes the Metlakatla Indian Com- community; Act are made available on an equitable basis munity of the Annette Islands Reserve. (F) the repayment of a loan used for the to eligible school districts. (5) OTHER SCHOOL STAFF.—The term ‘‘other purposes of constructing, purchasing, or re- (2) REVISIONS.—Not less than every 3 years, school staff’’ means pupil services personnel, habilitating housing units, or for purchasing the Alaska Housing Finance Corporation librarians, career guidance and counseling real property on which housing units will be shall, in consultation with eligible school personnel, education aides, and other in- constructed, purchased, or rehabilitated, districts, consider revisions to the policies structional and administrative school per- within a qualified community, or any activ- established under paragraph (1). sonnel. ity under subparagraph (G); SEC. 5. REGULATIONS. (6) QUALIFIED COMMUNITY.— (G) any other activities normally associ- Not later than 1 year after the date of en- (A) IN GENERAL.—The term ‘‘qualified com- ated with the construction, purchase, or re- actment of this Act, the Secretary shall pro- munity’’ means a home rule or general law habilitation of housing units within a quali- mulgate such regulations as are necessary to city incorporated under the laws of the State fied community, including— carry out this Act. of Alaska, or an unincorporated community (i) connecting housing units to various (as defined under the laws of the State of utilities; SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—There are authorized to Alaska) in the State of Alaska situated out- (ii) preparation of construction sites; be appropriated to the Department of Hous- side the limits of such a city, with respect to (iii) transporting all equipment and mate- ing and Urban Development such sums as are which, the Alaska Housing Finance Corpora- rials necessary for the construction or reha- necessary for each of the fiscal years 2005 tion has determined that the city or unincor- bilitation of housing units to and from the through 2014, to carry out this Act. porated community— site on which such housing units exist or will (b) LIMITATION.—The Secretary and the (i) has a population of 6,500 or fewer indi- be constructed; and Alaska Housing Finance Corporation shall viduals; (iv) environmental assessment and remedi- each use not more than 5 percent of the (ii) is situated within or near a Native Vil- ation of construction sites or sites where funds appropriated in any fiscal year to lage, as determined by the Alaska Housing housing units exist; and carry out this Act for administrative ex- Finance Corporation; and (H) the funding of any remaining costs for penses associated with the implementation (iii) is not connected by road or railroad to the construction, purchase, or rehabilitation of this Act. the municipality of Anchorage, Alaska. of housing units within a qualified commu- (B) CONNECTED BY ROAD.—In this para- nity, the purchase of real property within a By Mr. SESSIONS (for himself graph, the term ‘‘connected by road’’ does qualified community, or any activity listed and Mr. MILLER): not include a connection by way of the Alas- under subparagraph (G) that is not financed S. 1906. A bill to provide for enhanced ka Marine Highway System, created under by loans or other sources of funding. Federal, State, and local enforcement the laws of the State of Alaska, or a connec- (c) OWNERSHIP OF HOUSING AND LAND.— tion that requires travel by road through (1) IN GENERAL.—All housing units con- of the immigration laws, and for other Canada. structed, purchased, or rehabilitated, or real purposes; to the Committee on the Ju- (7) SECONDARY SCHOOL.—The term ‘‘sec- property purchased, with grant or loan funds diciary. ondary school’’ has the meaning given that provided under this Act, or with respect to Mr. SESSIONS. Mr. President, I rise term in section 9101 of the Elementary and which funds under this Act have been ex- today to introduce the Homeland Secu- Secondary Education Act of 1965 (20 U.S.C. pended, shall be owned by the relevant eligi- rity Enhancement Act of 1003. Senator 7801). ble school district, municipality (as defined MILLER and I have taken the lead in (8) SECRETARY.—The term ‘‘Secretary’’ under the laws of the State of Alaska), Vil- encouraging a culture of cooperation of means the Secretary of Housing and Urban lage Corporation, the Metlakatla Indian Development. Community of the Annette Islands Reserve, all levels of immigration law enforce- (9) TEACHER.—The term ‘‘teacher’’ means or a tribally designated housing entity. Own- ment—Federal, State, and local—and an individual who is employed as a teacher ership of housing units and real property seek to build an immigration law en- in a public elementary or secondary school, may be transferred between such entities. forcement system that uses unified

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15293 databases for information sharing from real consequences for law breakers is antee effective removal without ade- one level to another. both dangerous and irresponsible. If quate detention space. The subject matter of the bill intro- the only real consequence of coming to The Homeland Security Enhance- duced today is one I care very deeply this country illegally is a social label, ment Act that Senator MILLER and I about—the ability of State and local then our immigration laws are but a are introducing today will do all of law enforcement to voluntarily aid the brightly painted sepulcher full of dead those things. Federal Government in the Enforce- bones, for it is impossible to be a Na- Let me tell you about a few of the ment of immigration law. Let me be tion governed by the rule of law, if our problems in immigration enforcement clear, this bill is not about the com- laws have no real effect on the lives of that started my interest in this area mandeering of State and local police the people they govern. and prompted me to author this bill. forces or about forcing them to dedi- Our illegal alien population is at a cate resources toward immigration law record high. The lack of immigration A few years ago, police chiefs and enforcement, it is simply about their enforcement in our country’s interior sheriffs in Alabama began to tell me authority to participate in immigra- has resulted in 8–10 million illegal that they had been shut out of the sys- tion law enforcement if they so choose. aliens living in the U.S. with another tem and felt powerless to do anything I am convinced that our ability to estimated 800,000 illegal aliens joining about Alabama’s growing illegal immi- successfully enforce our immigration them every year—that is on top of the grant population. laws is a test of whether we will be a more than 1 million that legally immi- As I went to town hall meetings and Nation governed by laws. grate each year. These numbers make conferences with police, I heard the Many of the immigration reforms en- it easy for criminal aliens to disappear same story—‘‘we have given up calling acted by this Congress since 9/11 have inside our borders. the INS because INS tells us we have to been aimed at fixing the first half of Of the 8–10 million illegal aliens have 15 or more illegal aliens in cus- our broken immigration system, the present today, the Department of tody or they will not even come pick visa issuance process that allowed ter- Homeland Security has estimated that them up.’’ rorists to enter our country under the 450,000 are ‘‘alien absconders’’—people Even worse is that Alabama police guise of legality. that have been issued final deportation were told that the aliens could not be It is now time to look at the second orders but have not shown up for their detained until the INS could manage to half of our broken immigration sys- hearings. send someone. They were told they had tem—the half that allows people to re- An estimated 86,000 of them are to just let them go! They were being main here illegally for indefinite time criminal illegal aliens—people con- told this, even though I thought the periods, regardless of how they came victed of crimes they committed in the legal authority of State and local offi- here. U.S. who should have been deported, We know that Americans strongly cers to voluntarily act on violations of value our heritage as a Nation of immi- but have slipped through the cracks immigration law was clear. If there is grants. Americans openly welcome and are still here. any doubt that State and local officers The next number is perhaps the most legal immigrants and new citizens with have this authority, Congress needs to concerning—3,000 of the ‘‘alien ab- character, ability, decency, and a fix that, which is what this bill will do. sconders’’ within our borders are from strong work ethic. However, it is also Only two circuits have expressly one of the countries that the State De- clear Americans do not feel the same ruled on State and local law enforce- way about illegal immigration. The partment has designated to be a ‘‘state ment authority to make an arrest on fact is that a large majority of Ameri- sponsor of terrorism.’’ an immigration law violation. In 1983, The number of illegal aliens out- cans feel that State and local govern- the Ninth Circuit, while not men- weighs the number of federal agents ments should be aiding the Federal tioning a preexisting general author- whose job it is to find them within our Government in stopping illegal immi- ity, held that nothing in federal law borders by 5,000 to 1. The enforcement gration. precludes the police from enforcing the A RoperASW poll published in March arm of the old INS, now called The Bu- criminal provisions of the Immigration of this year titled ‘‘Americans Talk reau of Immigration and Customs En- and Naturalization Act. See Gonzales v. About Illegal Immigration’’ found that forcement (ICE) has a mere 2,000 inte- City of Peoria, 722 F.2d 468 (9th Cir. 88 percent of Americans agree, and 68 rior agents inside the borders. Leaving 1983). the job of interior immigration en- percent ‘‘strongly’’ agree, that Con- The Tenth Circuit has reviewed this forcement solely to them will guar- gress should require State and local question on several occasions, con- government agencies to notify the INS, antee failure. State and local police, a force 650,000 cluding squarely that a ‘‘State trooper now ICE, and their local law enforce- has general investigatory authority to ment when they determine that a per- strong, are the eyes and ears of our communities. They are sworn to up- inquire into possible immigration vio- son is here illegally or has presented lations.’’ United States v. Salinas- fraudulent documentation. Addition- hold the law. They police our streets and neighborhoods every day. Their Calderon, 728 f.2d 1298, 1301 n.3 (10th Cir. ally, 85 percent of Americans agree, 1984). and 62 percent ‘‘strongly’’ agree that role is critical to the success of our im- As the Tenth Circuit has described it, Congress should pass a law requiring migration system. there is a ‘‘preexisting general author- State and local governments and law For that critical role to be effective, ity of State or local police officers to enforcement agencies, to apprehend a few very important things need to investigate and make arrests for viola- and turn over to the INS, now ICE, ille- happen: 1. State and local law enforce- tions of federal law, including immi- gal immigrants with whom they come ment need clear authority to volun- in contact. tarily act; 2. the NCIC needs to contain gration laws.,’’ United States v. Vasquez- Those numbers speak volumes about critical immigration related informa- Alvares, 176 F.3d 1294, 1295 (10th Cir. the desires of the American population. tion that can be accessed on the road- 1999). And again, in 2001, the Tenth Cir- It is important to note that those num- side; 3. Federal immigration officials cuit reiterated that ‘‘State and local bers were collected on requiring state have to take custody of illegal aliens police officers [have] implicit author- and local action. It is very likely that apprehended by State officers, they can ity within their respective jurisdic- a poll on this bill, a bill that is about not continue to tell them to just let tions ‘to investigate and make arrests volunteer State and local action would them go; 4. the Institutional Removal for violations of federal law, including yield even stronger support. Program has to be expanded so that immigration laws.’ ’’ United States v. America’s strength is based on its criminal aliens are detained after their Santana-Garcia, 264 F.3d 1188, 1194 (cit- commitment to the rule of law. In- State sentences until deportation, they ing United States v. Vasquez-Alvarez, 176 scribed on the front of the Supreme can’t be released back into the commu- F.3d 1294, 1295). Court Building just down the street are nity just to be searched for by federal None of these Tenth Circuit holdings the words, ‘‘Equal Justice Under Law.’’ officials at a later date; and 5. criti- drew any distinction between criminal In the world of immigration laws, a cally needed federal bedspace has to be violations of the INA and civil provi- facade of enforcement that holds no given to DHS for they can not guar- sions that render an alien deportable.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15294 CONGRESSIONAL RECORD — SENATE November 20, 2003 It appears that the Ninth Circuit start- Without easy access to immigration truth, the NCIC should contain infor- ed the confusion regarding the distinc- database information, and with ICE un- mation on all violations of law. tion between civil and criminal viola- willing to come and identify every sus- Our bill will ensure that when a NCIC tions in Gonzales v. City of Peoria by pected illegal alien, State and local po- roadside check is done on an individual asserting in dicta that the civil provi- lice cannot quickly and accurately pulled over for speeding, police will sions of the INA are a persuasive regu- identify who they have detained and know immediately if the individual has latory scheme, and therefore only the who they will be releasing back into already been ordered to leave the coun- federal government has the power to the community if they follow ICE’s in- try, has signed a legal document prom- enforce civil violations. See Gonzales v. struction to ‘‘just let them go.’’ ising to leave, or has overstayed their City of Peoria, 722 F.2d 468 (9th Cir. State and local police are accus- visa. 1983). tomed to checking for criminal infor- Understanding the value of getting This confusion was, to some extent, mation in the NCIC (National Crime immigration information to State and fostered by an erroneous 1996 opinion of Information Center) database, which is local police comes from understanding the Office of Legal Counsel (OLC) of maintained by the FBI. They can and that they are the ones who will come the department of Justice, the relevant routinely do access the NCIC on the into contact with the dangerous illegal part of which has since been withdrawn roadside when they pull over a car or aliens on a day-to-day basis. by OLC. stop a suspect. Three 9/11 hijackers were stopped by Why was the Federal agency respon- An NCIC check, which takes just State and local police in the weeks pro- sible for immigration enforcement tell- minutes, includes information about ceeding 9/11. Hijacker Mohammad Atta, ing my police chiefs in Alabama to just individuals with outstanding warrants. believed to have piloted American Air- let illegal aliens go? Even fugitives that use false identifica- lines Flight 77 into the World Trade To be fair, ICE probably does not tion can be identified on the roadside Center’s north tower, was stopped have the manpower or detention space through use of the NCIC when, as is twice by police in Florida, Hijacker to take custody and detain all illegal often the case, a police officer has ac- Ziad S. Jarrah was stopped for speeding aliens. With less than 20,000 appro- cess to an instant fingerprint scanner by Maryland State Police two days be- priated detention beds, ICE tells my of- in his car. fore 9/11. And, Hani Hanjour, who was fice that they do not have the bed Separately, ICE operates the Law En- on the flight that crashed into the Pen- space to detain all the illegal aliens forcement Support Center, which tagon, was stopped for speeding by po- that they apprehend; instead, they makes immigration information avail- lice in Arlington, VA. Local police can have to give first priority to detaining able to State and local police, but re- be our most powerful tool in the war the worst of the worst—individuals quires a second additional check after against terrorism. such as convicted felon aliens. NCIC that most State and local police The D.C. Snipers were caught be- It is shocking to me that even either don’t know about or don’t have cause of the fingerprint collected by though we know that detention is a the time to perform. local police. John Lee Malvo was iden- key element of effective removal, we The Hart Rudman Report, ‘‘America tified when the fingerprint collected do not even detail all illegal aliens Still Unprepared—America Still In from a magazine at the scene of the liq- that have been convicted of crimes, Danger,’’ found that one problem uor store murder and robbery in Mont- even convicted of felonies, before re- America still confronts is ‘‘650,000 local gomery, Alabama matched with the moval. Last February, in a report ti- and State police officials continue to fingerprints collected by INS agents in tled ‘‘the Immigration and Naturaliza- operate in a virtual intelligence vacu- tion Service’s Removal of Aliens Issued Washington State. Had both law en- um, without access to terrorist Final Orders’’ the Department of Jus- forcement entities not done their job watchlists.’’ The first recommendation tice Inspector General found that 87 by taking prints, it is possible that the of the report was to ‘‘tap the eyes and percent of those not detained before re- identity of John Lee Malvo could have moval never get deported. Even in high ears of local and State law enforcement been a mystery for weeks longer. risk categories, the IG found that only officers in preventing attacks.’’ On In February, a 42-year-old woman sit- fractions of non-detained violators are page 19, the report specifically cited ting on a park bench in New York with ever removed—35 percent of those with the burden of finding hundreds of thou- her boyfriend was dragged away and criminal records and 6 percent of those sands of fugitive aliens living among gang-raped by five deportable illegal from ‘‘state sponsors of terrorism.’’ the population of more than 8.5 million immigrants. Although 4 of the 5 had These percentages have not changed illegal aliens living in the U.S. and sug- State criminal convictions and 2 had substantially since 1996, when the last gested that the burden could and served jail time, the INS claims they IG report issued on the ability to re- should be shared with 650,000 local, were never told about them—thus, they move aliens found that 89 percent of county, and State law enforcement of- were not deported as the law requires. aliens with final deportation orders ficers if they could be brought out of Fifty-six illegal aliens were caught that are not detained are never re- the information void. by State and local police, and con- moved. If State and local police are not ac- victed of molestation and child abuse, But we cannot lay all the blame on cessing the immigration information long before ICE’s ‘‘Operation Predator’’ DHS—they can only detain illegal we have worked hard to make avail- found them a few weeks ago living in aliens that they have space to detain. able, we must find a way to get the in- New York and Northern New Jersey They are using all of the bedspace that formation to them, through systems after they should have been deported. they have and are releasing people that that are used to using. Our bill will get Of the 56 arrested, one had raped his 10- should be detained because there is no information to them through the sys- year-old niece; another has sexually as- more room. The Homeland Security tem that are already using—the NCIC. saulted a 6-year-old boy; one had raped Enhancement Act would add the crit- As part of its Alien Absconder Initia- his 7-year-old niece; and another has ical bedspace DHS needs to fulfill its tive, ICE tells us that it is in the proc- sexually assaulted a 2-year-old. mission of interior enforcement. ess of entering information on the esti- The 9/11 hijacker cases, the D.C. snip- The third problem that has been mated 450,000 alien absconders into er cases, and a multitude of criminal brought to my attention is the inad- NCIC. As of October 31, only informa- alien cases clearly illustrate that our equate way we share immigration in- tion on 15,200 alien absconders had been State and local police are on the front formation with State and local police. entered into NCIC. That number is to- lines in combating alien crime. To cut We have databases full or information tally unacceptable and is shocking to them out of the system, as we do now, on criminal aliens and aliens with final me. whether intentionally or unintention- deportation orders, but that informa- This should only be the beginning. At ally, is to eliminate our most effective tion is not directly available to state the least, the NCIC should contain in- weapon against criminal and terrorist and local police. They have to make a formation on all illegal aliens who aliens. special second inquiry to the immigra- have received final orders of departure The opponents of this bill will say tion center in Vermont just to see if an and all illegal aliens who have signed that we don’t want immigrants to suc- illegal alien is a wanted by DHS. voluntary departure agreements. In ceed and that we don’t want people to

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15295 come here. That is absolutely not true. gration laws, that authority needs to from assisting or cooperating with Federal We believe in the rule of law. We be- be clarified. This bill will do that. If immigration law enforcement in the course lieve that people should come here to State and local police can not access of carrying out the officers’ law enforcement be citizens of this country under the immigration background information duties shall not receive any of the funds that would otherwise be allocated to the State color of law. We want people to come on individuals quickly enough, we under section 241(i) of the Immigration and here and reach their fullest potential. should change that. This bill makes Nationality Act (8 U.S.C. 1231(i)). But, we believe that a Nation has the that information more accessible. If (b) REALLOCATION OF FUNDS.—Any funds right to set the standards by which it DHS is not taking custody of the ille- that are not allocated to a State due to the accepts people, and if it sets those gal aliens being apprehended by State failure of the State to comply with this sec- standards it ought to create a legal and local police, we need to make it tion shall be reallocated to States that com- system to enforce those standards. possible for them to do so. This bill ply with this section. This bill will work to enforce the im- will address the practice of ‘‘catching SEC. 103. CIVIL AND CRIMINAL PENALTIES FOR migration standards our Nation has and releasing’’ illegal aliens. If we do ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES. created. not have enough detection space to (a) ALIENS UNLAWFULLY PRESENT.—Title II The opposition will say that State hold people that break the law, then we of the Immigration and Nationality Act (8 and local police can not adequately re- need more detention space. This bill U.S.C. 1151 et seq.) is amended by adding spect the civil rights of illegal aliens, gives DHS 50 percent more bedspace to after section 275 the following: and that enforcement will cost too use in immigration enforcement. If il- ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR much and will discourage the reporting legal aliens are being released back UNLAWFUL PRESENCE IN THE UNITED STATES of crimes. It is curious logic to say into the community after their prison ‘‘SEC. 275A. (a) In addition to any other that we trust our police to enforce laws sentences instead of being deported, we violation, an alien present in the United against citizens but not against non- need to fix the system that releases States in violation of this Act shall be guilty citizens here illegally. them. This bill will extend the Institu- of a misdemeanor and shall be fined under I know that State and local police tional Removal Program to ensure that title 18, United States Code, imprisoned not are trained to protect the civil rights custody is transferred from the state more than 1 year, or both. The assets of any of all types of suspects and defendants prison to federal officials at the end of alien present in the United States in viola- and that they do so every day in this the alien’s prison sentence. tion of this Act shall be subject to forfeiture under title 18, United States Code. country. In Alabama, State troopers Once again I would like to thank receive annual training on racial ‘‘(b) It shall be an affirmative defense to a Senator MILLER for joining with me to violation of subsection (a) that the alien profiling. In New York, the NYC Police introduce this legislation. It is impera- overstayed the time allotted under the visa Department operations order #11 tive that we take critical steps toward due to an exceptional and extremely unusual strictly prohibits racial profiling in regaining control of our out-of-control hardship or physical illness that prevented law enforcement actions. If Alabama immigration system. This bill is a crit- the alien from leaving the United States by and New York are consistent in how ical step in the right direction. I en- the required date.’’. they instruct and train their State and courage my colleagues to study this (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL ENTRY.—Section 275(a) of the Immi- local police with regards to racial bill and to join Senator MILLER and I profiling, it is safe to assume that the gration and Nationality Act (8 U.S.C. 1325(a)) as we work to pass the Homeland Secu- is amended by striking ‘‘6 months,’’ and in- rest of the Nation does as well. rity Act of 2003. serting ‘‘1 year,’’. Under this bill, State and local police I ask unanimous consent that the (c) PERMISSION TO DEPART VOLUNTARILY.— will have to respect the civil rights of text of the bill be printed in the Section 240B of the Immigration and Nation- illegal aliens the same way they re- RECORD. ality Act (8 U.S.C. 1229c) is amended— spect the civil rights of all people There being no objection, the bill was (1) by striking ‘‘Attorney General’’ each against whom they enforce the law. ordered to be printed in the RECORD, as place that term appears and inserting ‘‘Sec- State and local police will continue to follows: retary of Homeland Security’’; and be held responsible for violations of (2) in subsection (a)(2)(A), by striking ‘‘120’’ S. 1906 and inserting ‘‘30’’. civil rights; this bill does not change Be it enacted by the Senate and House of Rep- that fact. SEC. 104. LISTING OF IMMIGRATION VIOLATORS resentatives of the United States of America in IN THE NATIONAL CRIME INFORMA- The opposition will say that this bill Congress assembled, TION CENTER DATABASE. is expensive; that it costs too much. It SECTION 1. SHORT TITLE. (a) PROVISION OF INFORMATION TO THE is always expensive to enforce the law. This Act may be cited as the ‘‘Homeland NCIC.—Not later than 180 days after the date I do not think this bill is overly expen- Security Enhancement Act of 2003’’. of enactment of this Act, the Under Sec- sive. We have made it as cost afford- TITLE I—ENHANCING FEDERAL, STATE, retary for Border and Transportation Secu- able as we can by electing to effi- AND LOCAL ENFORCEMENT OF THE IM- rity of the Department of Homeland Secu- ciently use resources already available MIGRATION LAWS rity shall provide the National Crime Infor- mation Center of the Department of Justice to us. Law enforcement is not an area SEC. 101. FEDERAL AFFIRMATION OF IMMIGRA- where it pays to pinch pennies. In im- TION LAW ENFORCEMENT BY with such information as the Director may STATES AND POLITICAL SUBDIVI- have on any and all aliens against whom a migration enforcement, I believe that SIONS OF STATES. final order of removal has been issued, any it costs us too much not to enforce the Notwithstanding any other provision of and all aliens who have signed a voluntary law. I believe it is time that Congress law and reaffirming the existing inherent au- departure agreement, and any and all aliens take responsibility for providing DHS thority of States, law enforcement personnel who have overstayed their visa. Such infor- with the resources they need to do the of a State or a political subdivision of a mation shall be provided to the National job we have given them. State have the inherent authority of a sov- Crime Information Center regardless of When it comes to immigration en- ereign entity to apprehend, arrest, detain, or whether or not the alien received notice of a forcement in America, the rule of law transfer to Federal custody aliens in the final order of removal and even if the alien has already been removed. is not prevailing. If we are serious United States (including the transportation of such aliens across State lines to detention (b) INCLUSION OF INFORMATION IN THE NCIC about securing the homeland, we sim- centers), in the enforcement of the immigra- DATABASE.—Section 534(a) of title 28, United ply must get serious about immigra- tion laws of the United States. This State States Code, is amended— tion enforcement. authority has never been displaced or pre- (1) in paragraph (3), by striking ‘‘and’’ at It is time to talk about the big pic- empted by Congress. the end; ture—time to be honest about what it SEC. 102. STATE AUTHORIZATION FOR ENFORCE- (2) by redesignating paragraph (4) as para- will really take to fix our broken im- MENT OF FEDERAL IMMIGRATION graph (5); and migration system. In most cases, we LAWS ENCOURAGED. (3) by inserting after paragraph (3) the fol- don’t need tougher immigration laws, (a) IN GENERAL.—Effective 2 years after the lowing: date of enactment of this Act, a State (or po- ‘‘(4) acquire, collect, classify, and preserve we just need to utilize our existing re- litical subdivision of a State) that has in ef- records of violations of the immigration laws sources and use some new resources to fect a statute, policy, or practice that pro- of the United States, regardless of whether enforce the laws we already have. hibits law enforcement officers of the State, or not the alien has received notice of the If State and local police are confused or of a political subdivision within the State, violation and even if the alien has already about their authority to enforce immi- from enforcing Federal immigration laws or been removed; and’’.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15296 CONGRESSIONAL RECORD — SENATE November 20, 2003 SEC. 105. STATE AND LOCAL LAW ENFORCEMENT fer of appropriate portions of military instal- ‘‘(1) entered the United States without in- PROVISION OF INFORMATION lations approved for closure or realignment spection or at any time or place other than ABOUT APPREHENDED ILLEGAL under the Defense Base Closure and Realign- that designated by the Secretary of Home- ALIENS. ment Act of 1990 (part A of title XXIX of land Security; (a) PROVISION OF INFORMATION.— Public Law 101–510; 10 U.S.C. 2687 note) for ‘‘(2) was admitted as a nonimmigrant and (1) IN GENERAL.—In order to receive funds use in accordance with subsection (a)(1). who, at the time the alien was taken into under the State Criminal Alien Assistance (b) AUTHORIZATION OF APPROPRIATIONS.— custody by the State or a political subdivi- Program described in section 241(i) of the There are authorized to be appropriated such sion of the State, had failed to— Immigration and Nationality Act (8 U.S.C. sums as necessary to carry out this section. ‘‘(A) maintain the nonimmigrant status in 1231(i)), States and localities shall provide to (c) TECHNICAL AND CONFORMING AMEND- which the alien was admitted or to which it the Department of Homeland Security the MENT.—Section 241(g)(1) of the Immigration was changed under section 248; or information listed in subsection (b) on each and Nationality Act (8 U.S.C. 1231(g)(1)) shall ‘‘(B) comply with the conditions of any alien apprehended in the jurisdiction of the be amended by striking ‘‘may expend’’ and such status; State or locality who is believed to be in vio- inserting ‘‘shall expend’’. ‘‘(3) was admitted as an immigrant and has lation of an immigration law of the United subsequently failed to comply with the re- States. SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL quirements of that status; or (2) TIME LIMITATION.—Not later than 10 LAW ENFORCEMENT. ‘‘(4) failed to depart the United States days after an alien described in paragraph (1) (a) IN GENERAL.—Title II of the Immigra- under a voluntary departure agreement or is apprehended, information required to be tion and Nationality Act (8 U.S.C. 1151 et under a final order of removal.’’. provided under paragraph (1) must be pro- seq.) is amended by adding after section 240C (b) AUTHORIZATION OF APPROPRIATIONS FOR vided in such form and in such manner as the the following: THE DETENTION AND TRANSPORTATION TO FED- Secretary of Homeland Security may, by ERAL CUSTODY OF ALIENS NOT LAWFULLY ‘‘CUSTODY OF ILLEGAL ALIENS regulation or guideline, require. PRESENT.—There is authorized to be appro- (b) INFORMATION REQUIRED.—The informa- ‘‘SEC. 240D. priated $500,000,000 for the detention and re- tion listed in this subsection is as follows: ‘‘(a) If the chief executive officer of a State moval of aliens not lawfully present in the (1) The alien’s name. (or, if appropriate, a political subdivision of United States under the Immigration and (2) The alien’s address or place of resi- the State) exercising authority with respect Nationality Act (8 U.S.C. 1101 et seq.) for fis- dence. to the apprehension of an illegal alien sub- cal year 2004 and each subsequent fiscal year. (3) A physical description of the alien. mits a request to the Secretary of Homeland SEC. 108. TRAINING OF STATE AND LOCAL LAW (4) The date, time, and location of the en- Security that the alien be taken into Federal ENFORCEMENT PERSONNEL RELAT- counter with the alien and reason for stop- custody, the Secretary of Homeland Secu- ING TO THE ENFORCEMENT OF IM- ping, detaining, apprehending, or arresting rity— MIGRATION LAWS. the alien. ‘‘(1) shall— (a) TRAINING MANUAL AND POCKET GUIDE.— (5) If applicable, the alien’s driver’s license ‘‘(A) not later than 48 hours after the con- (1) ESTABLISHMENT.—Not later than 180 number and the State of issuance of such li- clusion of the State charging process or dis- days after the date of enactment of this Act, cense. missal process, or if no State charging or dis- the Secretary of Homeland Security shall es- (6) If applicable, the type of any other iden- missal process is required, not later than 48 tablish— tification document issued to the alien, any hours after the illegal alien is apprehended, (A) a training manual for law enforcement designation number contained on the identi- take the illegal alien into the custody of the personnel of a State or political subdivision fication document, and the issuing entity for Federal Government and incarcerate the of a State to train such personnel in the in- vestigation, identification, apprehension, ar- the identification document. alien; or rest, detention, and transfer to Federal cus- (7) If applicable, the license plate number, ‘‘(B) request that the relevant State or tody of aliens in the United States (including make, and model of any automobile reg- local law enforcement agency temporarily the transportation of such aliens across istered to, or driven by, the alien. incarcerate or transport the illegal alien for State lines to detention centers and identi- (8) A photo of the alien, if available or transfer to Federal custody; and fication of fraudulent documents); and readily obtainable. ‘‘(2) shall designate a Federal, State, or (B) an immigration enforcement pocket (9) The alien’s fingerprints, if available or local prison or jail or a private contracted guide for law enforcement personnel of a readily obtainable. prison or detention facility within each State or political subdivision of a State to (c) REIMBURSEMENT.—The Department of State as the central facility for that State to provide a quick reference for such personnel Homeland Security shall reimburse States transfer custody of the criminal or illegal in the course of duty. and localities for all reasonable costs, as de- aliens to the Department of Homeland Secu- (2) AVAILABILITY.—The training manual termined by the Secretary of Homeland Se- rity.’’. and pocket guide established in accordance curity, incurred by that State or locality as ‘‘(b) The Department of Homeland Security with paragraph (1) shall be made available to a result of providing information required by shall reimburse States and localities for all all State and local law enforcement per- this section. reasonable expenses, as determined by the sonnel. (d) AUTHORIZATION OF APPROPRIATIONS.— Secretary of Homeland Security, incurred by (3) APPLICABILITY.—Nothing in this sub- There is authorized to be appropriated such a State or locality in the incarceration and section shall be construed to require State or sums as necessary to carry out this Act. transportation of an illegal alien as de- local law enforcement personnel to carry the scribed in subparagraphs (A) and (B) of sub- SEC. 106. INCREASED FEDERAL DETENTION training manual or pocket guide established SPACE. section (a)(1). Compensation provided for in accordance with paragraph (1) with them (a) CONSTRUCTION OR ACQUISITION OF DE- costs incurred under subparagraphs (A) and while on duty. TENTION FACILITIES.— (B) of subsection (a)(1) shall be the average (4) COSTS.—The Department of Homeland (1) IN GENERAL.—The Secretary of Home- cost of incarceration of a prisoner in the rel- Security shall be responsible for any costs land Security shall construct or acquire, in evant State, as determined by the chief exec- incurred in establishing the training manual addition to existing facilities for the deten- utive officer of a State (or, as appropriate, a and pocket guide under this subsection. tion of aliens, 20 detention facilities in the political subdivision of the State) plus the (b) TRAINING FLEXIBILITY.— United States, with 500 beds per facility, for cost of transporting the criminal or illegal (1) IN GENERAL.—The Department of Home- aliens detained pending removal or a deci- alien from the point of apprehension, to the land Security shall make training of State sion on removal of such alien from the place of detention, and to the custody trans- and local law enforcement officers available United States. fer point if the place of detention and place through as many means as possible, includ- (2) ADDITIONAL FACILITIES.—Whenever the of custody are different. ing residential training at Federal facilities, capacity of any detention facility remains ‘‘(c) The Secretary of Homeland Security onsite training held at State or local police within a 1 percent range of full capacity for shall ensure that illegal aliens incarcerated agencies or facilities, online training courses longer than 1 year, the Secretary of Home- in Federal facilities pursuant to this sub- by computer, teleconferencing, and video- land Security shall construct or acquire ad- section are held in facilities which provide tape, or the digital video display (DVD) of a ditional detention facilities beyond the num- an appropriate level of security. training course or courses. ber authorized in paragraph (1) as are appro- ‘‘(d)(1) In carrying out this section, the (2) FEDERAL PERSONNEL TRAINING.—The priate to eliminate that condition. Secretary of Homeland Security may estab- training of State and local law enforcement (3) DETERMINATIONS.—The need for, or loca- lish a regular circuit and schedule for the personnel under this section shall not dis- tion of, any detention facility built or ac- prompt transfer of apprehended illegal aliens place or otherwise adversely affect the train- quired in accordance with this subsection from the custody of States and political sub- ing of Federal personnel. shall be determined by the detention trustee divisions of States to Federal custody. (c) ADMINISTRATION FEES.—The Secretary within the Bureau of Immigration and Cus- ‘‘(2) The Secretary of Homeland Security of Homeland Security may charge a fee for toms Enforcement. may enter into contracts with appropriate training under subsection (b) that shall be an (4) USE OF INSTALLATIONS UNDER BASE CLO- State and local law enforcement and deten- amount equal to not more than half the ac- SURE LAWS.—In acquiring detention facilities tion officials to implement this subsection. tual costs of providing such training. under this subsection, the Secretary of ‘‘(e) For purposes of this section, the term (d) CLARIFICATION.—Nothing in this Act or Homeland Security shall consider the trans- ‘illegal alien’ means an alien who— any other provision of law shall be construed

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15297 as making any immigration-related training (C) removes such aliens from the United (2) in subparagraph (D), by striking the pe- a requirement for, or prerequisite to, any States after the completion of their sen- riod at the end and inserting ‘‘; and’’; and State or local law enforcement officer exer- tences. (3) by adding at the end the following: cising that officer’s inherent authority to (2) EXPANSION.—The Institutional Removal ‘‘(E) prohibit aliens who are not in lawful apprehend, arrest, detain, or transfer to Fed- Program shall be extended to all States. Any status, as determined under the Immigration eral custody illegal aliens during the normal State that receives Federal funds for the in- and Nationality Act (8 U.S.C. 1101 et seq.), course of carrying out their law enforcement carceration of criminal aliens shall— from being issued a driver’s license in that duties. (A) cooperate with Federal Institutional State.’’. (e) TRAINING LIMITATION.—Section 287(g) of Removal Program officials; SEC. 202. SECURE AND VERIFIABLE IDENTIFICA- the Immigration and Nationality Act (8 (B) expeditiously and systematically iden- TION REQUIRED FOR FEDERAL PUB- U.S.C. 1357(g)) is amended— tify criminal aliens in its prison and jail pop- LIC BENEFITS. (1) by striking ‘‘Attorney General’’ each ulations; and (a) IN GENERAL.—In the provision in the place that term appears and inserting ‘‘Sec- (C) promptly convey such information to United States of a Federal public benefit or retary of Homeland Security’’; and Federal IRP authorities as a condition for service that requires the recipient to produce (2) in paragraph (2), by adding at the end receiving such funds. identification, no Federal agency, commis- the following: ‘‘Such training shall not ex- (b) AUTHORIZATION FOR DETENTION AFTER sion, or other entity within the executive, ceed 14 days or 80 hours, whichever is COMPLETION OF STATE OR LOCAL PRISON SEN- legislative, or judicial branch of the Federal longer.’’. TENCE.—Law enforcement officers of a State Government may accept, recognize, or rely SEC. 109. IMMUNITY. or political subdivision of a State have the on (or authorize the acceptance or recogni- (a) PERSONAL IMMUNITY.—Notwithstanding authority to— tion of, or the reliance on) any identification any other provision of law, a law enforce- (1) hold an illegal alien for a period of up document, unless— ment officer of a State or local law enforce- to 14 days after the alien has completed the (1) the document was issued by a United ment agency shall be immune, to the same alien’s State prison sentence in order to ef- States Federal or State authority and is sub- extent as a Federal law enforcement officer, fectuate the transfer of the alien to Federal ject to verification by a United States Fed- from personal liability arising out of the en- custody when the alien is removable or not eral law enforcement, intelligence, or home- forcement of any immigration law, provided lawfully present in the United States; or land security agency; or the officer is acting within the scope of the (2) issue a detainer that would allow aliens (2) the recipient— officer’s official duties. who have served a State prison sentence to (A) is lawfully present in the United (b) AGENCY IMMUNITY.—Notwithstanding be detained by the State prison until per- States; any other provision of law, a State or local sonnel from the Bureau of Immigration and (B) is in possession of a passport; and law enforcement agency shall be immune Customs Enforcement can take the alien (C) is a citizen of a country for which the from any claim for money damages based on into custody. visa requirement for entry into the United Federal, State, or local civil rights law for (c) TECHNOLOGY USAGE.—Technology such States is waived if the alien possesses a pass- an incident arising out of the enforcement of as videoconferencing shall be used to the port from such country. any immigration law, except to the extent maximum extent possible in order to make (b) IMMUNITY.—An elected or appointed of- that the law enforcement officer of that the Institutional Removal Program (IRP) ficial, employee, or other contractor or agency, whose action the claim involves, available in remote locations. Mobile access agent of the Federal Government who takes committed a violation of Federal, State, or to Federal databases of aliens, such as an action inconsistent with subsection (a) is local criminal law in the course of enforcing IDENT, and live scan technology shall be deemed to be acting beyond the scope of au- such immigration law. used to the maximum extent practicable in thority granted by law and shall not be im- SEC. 110. PLACES OF DETENTION FOR ALIENS AR- order to make these resources available to mune from liability for such action, unless RESTED PENDING EXAMINATION State and local law enforcement agencies in such immunity is conferred by the Constitu- AND DECISION ON REMOVAL. remote locations. tion and cannot be waived. (a) IN GENERAL.—Section 241(g) of the Im- (d) AUTHORIZATION OF APPROPRIATIONS.— migration and Nationality Act (8 U.S.C. There is authorized to be appropriated to By Mr. DASCHLE (for himself, 1231(g)) is amended by adding at the end the carry out the Institutional Removal Pro- following: gram— Mr. JOHNSON, Mr. LEAHY, Mr. ‘‘(3) POLICY ON DETENTION IN STATE AND (1) $10,000,000 for fiscal year 2004; NELSON of Nebraska, Mr. LOCAL DETENTION FACILITIES.—In carrying (2) $20,000,000 for fiscal year 2005; PRYOR, Mr. BAUCUS, Mr. DAY- out paragraph (1), the Secretary of Homeland (3) $30,000,000 for fiscal year 2006; TON, Mr. HARKIN, Mr. FEINGOLD, Security shall ensure that an alien arrested (4) $40,000,000 for fiscal year 2007; Mr. BINGAMAN, Mr. JEFFORDS, under section 287(a) is detained, pending the (5) $50,000,000 for fiscal year 2008; Mr. EDWARDS, and Mr. SCHU- (6) $60,000,000 for fiscal year 2009; alien’s being taken for the examination de- MER): scribed in that section, in a State or local (7) $70,000,000 for fiscal year 2010; and S. 1907. A bill to promote rural safety (8) $80,000,000 for fiscal year 2011. prison, jail, detention center, or other com- and improve rural law enforcement; to parable facility, if— TITLE II—ENHANCING ENFORCEMENT OF ‘‘(A) such a facility is the most suitably lo- THE IMMIGRATION AND NATIONALITY the Committee on the Judiciary. cated Federal, State, or local facility avail- ACT IN THE INTERIOR THROUGH IM- Mr. DASCHLE. Mr. President, I ask able for such purpose under the cir- PROVED DOCUMENT SECURITY unanimous consent that the text of the cumstances; SEC. 201. DRIVERS LICENSES. bill be printed in the RECORD. ‘‘(B) an appropriate arrangement for such (a) EXPIRATION DATE FOR CERTAIN There being no objection, the bill was use of the facility can be made; and ALIENS.— ordered to be printed in the RECORD, as ‘‘(C) such facility satisfies the standards (1) IN GENERAL.—Section 656 of the Illegal follows: for the housing, care, and security of persons Immigration Reform and Immigrant Respon- Be it enacted by the Senate and House of Rep- held in custody of a United States marshal.’’. sibility Act of 1996 (5 U.S.C. 301 note) is resentatives of the United States of America in (b) DETENTION FACILITY SUITABILITY.—Not- amended by inserting after subsection (a) the Congress assembled, withstanding any other provision of law, a following: SECTION 1. SHORT TITLE. facility described in section 241(g)(3)(C) of ‘‘(b) STATE-ISSUED DRIVER’S LICENSES EXPI- This Act may be cited as the ‘‘Rural Safety the Immigration and Nationality Act, as RATION DATE.—A Federal agency may not ac- Act of 2003’’. added by subsection (a), is adequate for de- cept for any identification-related purpose a tention of persons being held for immigra- driver’s license issued by a State unless, if TITLE I—SMALL COMMUNITY LAW tion related violations. the driver’s license is issued to an alien who ENFORCEMENT IMPROVEMENT GRANTS (c) TECHNICAL AND CONFORMING AMEND- is in lawful status but who is not an alien SEC. 101. SMALL COMMUNITY GRANT PROGRAM. MENT.—Section 241 of the Immigration and lawfully admitted for permanent residence, Section 1703 of title I of the Omnibus Nationality Act (8 U.S.C. 1231) is amended by the period of validity of the license expires Crime Control and Safe Streets Act of 1968 striking ‘‘Attorney General’’ each place that on the date on which the alien’s authoriza- (42 U.S.C. 3796dd–2) is amended by adding at term appears and inserting ‘‘Secretary of tion to remain in the United States ex- the end the following: Homeland Security’’. pires.’’. ‘‘(d) RETENTION GRANTS.— SEC. 111. INSTITUTIONAL REMOVAL PROGRAM. (2) EFFECTIVE DATE.—The amendment ‘‘(1) IN GENERAL.—The Attorney General (a) CONTINUATION.— made by paragraph (1) shall take effect be- may make grants to units of local govern- (1) IN GENERAL.—The Department of Home- ginning on October 1, 2007, but shall apply ment and tribal governments located outside land Security shall continue to operate and only to licenses issued to an individual for a Standard Metropolitan Statistical Area, implement the program known as the Insti- the first time and to replacement or renewal which grants shall be targeted specifically tutional Removal Program (IRP) which— licenses issued according to State law. for the retention for 1 additional year of po- (A) identifies removable criminal aliens in (b) CONDITION OF FUNDS.—Section 402(b)(1) lice officers funded through the COPS Uni- Federal and State correctional facilities; of title 23, United States Code, is amended— versal Hiring Program, the COPS FAST Pro- (B) ensures such aliens are not released (1) in subparagraph (C), by striking ‘‘and’’ gram, the Tribal Resources Grant Program- into the community; and at the end; Hiring, or the COPS in Schools Program.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15298 CONGRESSIONAL RECORD — SENATE November 20, 2003

‘‘(2) PREFERENCE.—In making grants under ment and tribal governments located outside TITLE II—CRACKING DOWN ON this subsection, the Attorney General shall a Standard Metropolitan Statistical Area for METHAMPHETAMINE give preference to grantees that demonstrate the purpose of establishing or improving 9-1- SEC. 201. METHAMPHETAMINE TREATMENT PRO- financial hardship or severe budget con- 1 service in those communities. Priority in GRAMS IN RURAL AREAS. straint that impacts the entire local budget making grants under this section shall be Subpart I of part B of title V of the Public and may result in the termination of em- given to communities that do not have 9-1-1 Health Service Act (42 U.S.C. 290bb et seq.) is ployment for police officers described in service. amended by inserting after section 509 the paragraph (1). (c) DEFINITION.—In this section, the term following: ‘‘(3) LIMIT ON GRANT AMOUNTS.—The total ‘‘9-1-1 service’’ refers to telephone service ‘‘SEC. 510. METHAMPHETAMINE TREATMENT amount of a grant made under this sub- that has designated 9-1-1 as a universal emer- PROGRAMS IN RURAL AREAS. section shall not exceed 20 percent of the gency telephone number in the community ‘‘(a) IN GENERAL.—The Secretary, acting original grant to the grantee. served for reporting an emergency to appro- through the Director of the Center for Sub- priate authorities and requesting assistance. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— stance Abuse Treatment, shall make grants (d) LIMIT ON GRANT AMOUNT.—The total ‘‘(A) IN GENERAL.—There are authorized to to community-based public and nonprofit amount of a grant made under this section be appropriated to carry out this subsection private entities for the establishment of sub- shall not exceed $250,000. $15,000,000 for each of fiscal years 2005 stance abuse (particularly methamphet- (e) FUNDING.— amine) prevention and treatment pilot pro- through 2009. (1) IN GENERAL.—There are authorized to be grams in units of local government and trib- ‘‘(B) SET-ASIDE.—Of the amount made appropriated to carry out this section al governments located outside a Standard available for grants under this subsection for $25,000,000 for fiscal year 2005, to remain Metropolitan Statistical Area. each fiscal year, 10 percent shall be awarded available until expended. to tribal governments.’’. ‘‘(b) ADMINISTRATION.—Grants made in ac- (2) SET-ASIDE.—Of the amount made avail- cordance with this section shall be adminis- SEC. 102. SMALL COMMUNITY TECHNOLOGY able for grants under this section, 10 percent tered by a single State agency designated by GRANT PROGRAM. shall be awarded to tribal governments. Section 1701 of title I of the Omnibus a State to ensure a coordinated effort within SEC. 104. JUVENILE OFFENDER ACCOUNT- that State. Crime Control and Safe Streets Act of 1968 ABILITY. ‘‘(c) APPLICATION.—To be eligible to receive (42 U.S.C. 3796dd) is amended by striking sub- (a) PURPOSES.—The purposes of this section a grant under subsection (a), a public or non- section (k) and inserting the following: are to— profit private entity shall prepare and sub- ‘‘(k) LAW ENFORCEMENT TECHNOLOGY PRO- (1) hold juvenile offenders accountable for mit to the Secretary an application at such GRAM.— their offenses; time, in such manner, and containing such ‘‘(1) IN GENERAL.—Grants made under sub- (2) involve victims and the community in information as the Secretary may require. section (a) may be used to assist the police the juvenile justice process; ‘‘(d) USE OF FUNDS.—A recipient of a grant departments of units of local government (3) obligate the offender to pay restitution under this section shall use amounts re- and tribal governments located outside a to the victim and to the community through ceived under the grant to establish a meth- Standard Metropolitan Statistical Area, in community service or through financial or amphetamine abuse prevention and treat- employing professional, scientific, and tech- other forms of restitution; and ment pilot program that serves one or more nological advancements that will help those (4) equip juvenile offenders with the skills rural areas. Such a pilot program shall— police departments to— needed to live responsibly and productively. ‘‘(1) have the ability to care for individuals ‘‘(A) improve police communications (b) AUTHORITY TO MAKE GRANTS.—The Of- on an in-patient basis; through the use of wireless communications, fice of Justice Programs of the Department ‘‘(2) have a social detoxification capability, computers, software, videocams, databases, of Justice shall make grants, in accordance with direct access to medical services within and other hardware and software that allow with such regulations as the Attorney Gen- 50 miles; law enforcement agencies to communicate eral may prescribe, to units of rural local ‘‘(3) provide neuro-cognitive skill develop- and operate more effectively; and governments and tribal governments located ment services to address brain damage ‘‘(B) develop and improve access to crime outside a Standard Metropolitan Statistical caused by methamphetamine use; solving technologies, including DNA anal- Area to establish restorative justice pro- ‘‘(4) provide after-care services, whether as ysis, photo enhancement, voice recognition, grams, such as victim and offender medi- a single-source provider or in conjunction and other forensic capabilities. ation, family and community conferences, with community-based services designed to ‘‘(2) COST SHARE REQUIREMENT.—A recipient family and group conferences, sentencing continue neuro-cognitive skill development of a grant made under subsection (a) and circles, restorative panels, and reparative to address brain damage caused by meth- used in accordance with this subsection shall boards, as an alternative to, or in addition amphetamine use; provide matching funds from non-Federal to, incarceration. (c) PROGRAM CRITERIA.—A program funded ‘‘(5) provide appropriate training for the sources in an amount equal to not less than by a grant made under this section shall— staff employed in the program; and 10 percent of the total amount of the grant (1) be fully voluntary by both the victim ‘‘(6) use scientifically-based best practices made under this subsection, subject to a and the offender (who must admit responsi- in substance abuse treatment, particularly waiver by the Attorney General for extreme bility), once the prosecuting agency has de- in methamphetamine treatment. hardship. termined that the case is appropriate for this ‘‘(e) AMOUNT OF GRANTS.—The amount of a ‘‘(3) ADMINISTRATION.—The COPS Office program; grant under this section shall be at least shall administer the grant program under (2) include as a critical component ac- $19,000 but not greater than $100,000. this subsection. countability conferences, at which the vic- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) NO SUPPLANTING.—Federal funds pro- tim will have the opportunity to address the ‘‘(1) IN GENERAL.—There is authorized to be vided under this subsection shall be used to offender directly, to describe the impact of appropriated $2,000,000 to carry out this sec- supplement and not to supplant local funds the offense against the victim, and the op- tion. allocated to technology. portunity to suggest possible forms of res- ‘‘(2) SET-ASIDE.—Of the amount made ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— titution; available for grants under this section, 10 ‘‘(A) IN GENERAL.—There are authorized to (3) require that conferences be attended by percent shall be awarded to tribal govern- be appropriated $40,000,000 for each of fiscal the victim, the offender and, when possible, ments to ensure the provision of services years 2005 through 2009 to carry out this sub- the parents or guardians of the offender, and under this section.’’. section. the arresting officer; and SEC. 202. METHAMPHETAMINE PREVENTION ‘‘(B) SET-ASIDE.—Of the amount made (4) provide an early, individualized assess- EDUCATION. available for grants under this subsection for ment and action plan to each juvenile of- Section 519E of the Public Health Service each fiscal year, 10 percent shall be awarded fender in order to prevent further criminal Act (42 U.S.C. 290bb–25e) is amended— to tribal governments.’’. behavior through the development of appro- (1) in subsection (c)(1)— SEC. 103. RURAL 9-1-1 SERVICE. priate skills in the juvenile offender so that (A) in subparagraph (F), by striking ‘‘and’’ (a) PURPOSE.—The purpose of this section the juvenile is more capable of living produc- at the end; is to provide access to, and improve a com- tively and responsibly in the community. (B) in subparagraph (G), by striking the pe- munications infrastructure that will ensure (d) AUTHORIZATION OF APPROPRIATIONS.— riod and inserting ‘‘; and’’; and a reliable and seamless communication be- (1) IN GENERAL.—There are authorized to be (C) by adding at the end the following: tween, law enforcement, fire, and emergency appropriated to carry out this section— ‘‘(H) to fund programs that educate rural medical service providers in units of local (A) $10,000,000 for fiscal year 2005 for grants communities, particularly parents, teachers, government and tribal governments located to establish programs; and and others who work with youth, concerning outside a Standard Metropolitan Statistical (B) $5,000,000 for each of fiscal years 2006 the early signs and effects of methamphet- Area and in States. and 2007 to continue programs established in amine use, however, as a prerequisite to re- (b) AUTHORITY TO MAKE GRANTS.—The Of- fiscal year 2005. ceiving funding, these programs shall— fice of Justice Programs of the Department (2) SET-ASIDE.—Of the amount made avail- ‘‘(i) prioritize methamphetamine preven- of Justice shall make grants, in accordance able for grants under this section for each tion and education; with such regulations as the Attorney Gen- fiscal year, 10 percent shall be awarded to ‘‘(ii) have past experience in community eral may prescribe, to units of local govern- tribal governments. coalition building and be part of an existing

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15299 coalition that includes medical and public dent planning related to school shootings, The bill also authorizes the Sec- health officials, educators, youth-serving and other topics identified in the training retary of HHS, acting through CDC, to community organizations, and members of needs assessment to law enforcement officers operate the Paul Coverdell National law enforcement; in units of local government and tribal gov- Acute Stroke Registry to develop and ‘‘(iii) utilize professional prevention staff ernments located outside a Standard Metro- to develop research and science-based pre- politan Statistical Area; and collect data and analyze the care of vention strategies for the community to be (3) conduct outreach efforts to ensure that acute stroke patients. Funds were ap- served; training programs under the Rural Policing propriated for the registry at the end ‘‘(iv) demonstrate the ability to operate a Institute reach law enforcement officers in of the last Congress, but the registry community-based methamphetamine preven- units of local government and tribal govern- has not yet been authorized. In fact, tion and education program; ments located outside a Standard Metropoli- the Senate passed the act unanimously ‘‘(v) establish prevalence of use through a tan Statistical Area. last year, and it came very close to (b) AUTHORIZATION OF APPROPRIATIONS.— community needs assessment; House passage. Literally millions of ‘‘(vi) establish goals and objectives based (1) IN GENERAL.—There are authorized to be on a needs assessment; and appropriated $10,000,000 for fiscal year 2005, our fellow citizens will benefit from ‘‘(vii) demonstrate measurable outcomes and $5,000,000 for each of fiscal years 2006 the lives saved and the better care they on a yearly basis.’’; through 2009 to carry out this section, in- will receive as a result of this legisla- (2) in subsection (e)— cluding contracts, staff, and equipment. tion. It’s long past time for Congress to (A) by striking ‘‘subsection (a), $10,000,000’’ (2) SET-ASIDE.—Of the amount made avail- act. and inserting ‘‘subsection (a)— able for grants under this section for each ‘‘(1) $10,000,000’’; fiscal year, 10 percent shall be awarded to By Mr. HATCH (for himself and (B) by striking the period at the end and tribal governments. Mr. LEAHY): inserting ‘‘; and’’; and S. 1911. A bill to amend the provi- By Mr. COCHRAN (for himself (C) by adding at the end the following: sions of title III of the Trade Act of ‘‘(2) $5,000,000 for each of fiscal years 2005 and Mr. KENNEDY): through 2009 to carry out the programs re- S. 1909. A bill to amend the Public 1974 relating to violations of the TRIPS ferred to in subsection (c)(1)(H).’’; and Health Service Act to improve stroke Agreement, and for other purposes; to (3) by adding at the end the following: prevention, diagnosis, treatment, and the Committee on Finance. ‘‘(f) SET-ASIDE.—Of the amount made rehabilitation; to the Committee on Mr. LEAHY. Mr. President, today I available for grants under this section, 10 Health, Education, Labor, and Pen- introduce an important, bipartisan percent shall be used to assist tribal govern- piece of legislation that will amend the ments. sions. Mr. KENNEDY. Mr. President, it is a Trade Act of 1974 to help ensure that ‘‘(g) AMOUNT OF GRANTS.—The amount of a America’s intellectual property rights grant under this section, with respect to privilege to join with Senator COCHRAN each rural community involved, shall be at in supporting the Stroke Treatment are properly protected by our trading least $19,000 but not greater than $100,000.’’. and Ongoing Prevention Act of 2003. partners and that disputes between SEC. 203. METHAMPHETAMINE CLEANUP. The STOP Stroke Act is a vital first America and other governments can be (a) IN GENERAL.—The Attorney General step in building a national network of investigated and resolved in a quick shall, through the Department of Justice or effective care to diagnose and quickly and sensible manner. through grants to States or units of local treat victims of stroke. This bill makes commonsense government and tribal governments located For over 20 years, stroke has consist- changes to three important aspects of outside a Standard Metropolitan Statistical ently been the third leading cause of the Trade Act of 1974. First, this bill Area, in accordance with such regulations as makes certain that our partners who the Attorney General may prescribe, provide death in our country. Every 45 seconds, for— another American suffers a stroke. benefit from trade with the United (1) the cleanup of methamphetamine lab- Every 3 minutes, another American States adequately protect American in- oratories and related hazardous waste in dies. Few families today are untouched tellectual property. The TRIPS stand- units of local government and tribal govern- by this cruel, debilitating, and often ards (Trade Related Aspects of Intel- ments located outside a Standard Metropoli- fatal disease that strikes indiscrimi- lectual Property) that the World Trade tan Statistical Area; and nately, robbing us of our loved ones. Organization uses today in order to de- (2) the improvement of contract-related re- More than ever today, help is avail- termine if a country is protecting in- sponse time for cleanup of methamphet- tellectual property laws were written amine laboratories and related hazardous able. Modern medicine is generating waste in units of local government and tribal new scientific advances that increase in the early 1990s—before digital piracy governments located outside a Standard the chance of survival and partial or had become widespread. Our legislation Metropolitan Statistical Area by providing even full recovery following a stroke. will codify the necessity on the part of additional contract personnel, equipment, We are learning how to manage this other nations to keep intellectual prop- and facilities. disease more effectively, and we are erty protections current with tech- (b) AUTHORIZATION OF APPROPRIATIONS.— also learning how to prevent it from nology. (1) IN GENERAL.—There is authorized to be happening in the first place. In addition, this measure will estab- appropriated $20,000,000 for fiscal year 2005 to lish a petition process for bringing in- carry out this section. But science doesn’t save lives and (2) FUNDING ADDITIONAL.—Amounts author- protect health by itself. We have to put tellectual property claims against ized by this section are in addition to new discoveries into action. We need to trade partners in the Caribbean Basin amounts otherwise authorized by law. educate as many people as possible who fail to enforce intellectual prop- (3) SET-ASIDE.—Of the amount made avail- about the warning signs of stroke, so erty rights while benefiting from prof- able for grants under this section, 10 percent that they know enough to seek medical itable trading programs. Under current shall be awarded to tribal governments. attention. We need to train doctors and law, there is no provision for parties to TITLE III—LAW ENFORCEMENT TRAINING nurses in the best techniques of care. petition the United States Trade Rep- SEC. 301. SMALL TOWN AND RURAL TRAINING We need better ways to treat victims resentative to investigate whether or PROGRAM. as quickly and as effectively as pos- not one of our Caribbean partners is (a) IN GENERAL.—There is established a meeting the criterion of ‘‘fair and ef- Rural Policing Institute, which shall be ad- sible—so that they have the best ministered by the National Center for State chance of full recovery. fective’’ enforcement of intellectual and Local Law Enforcement Training of the Our bill provides grants to States to property rights in order to benefit from Federal Law Enforcement Training Center develop statewide programs for stroke special trade programs. This legisla- (FLETC) as part of the Small Town and care, so that the most effective care tion invests the USTR with the power Rural Training (STAR) Program to— will be available to patients as quickly to ensure that beneficiaries of favor- (1) assess the needs of law enforcement in and efficiently as possible to reduce able trading programs will not be re- units of local government and tribal govern- the level of disability caused by stroke. warded for failing to protect intellec- ments located outside a Standard Metropoli- Stroke systems will rely on informa- tual property in a meaningful way. tan Statistical Area; tion sharing among agencies and indi- Finally, this bill will correct an un- (2) develop and deliver expert training pro- grams regarding topics such as drug enforce- viduals involved in the study and pro- desirable and unintended technical de- ment, airborne counterdrug operations, do- vision of care, in addition to training ficiency of the Trade Act of 1974 when mestic violence, hate and bias crimes, com- for health professionals on the signs of applied to the dispute mechanisms of puter crimes, law enforcement critical inci- stroke and guidelines on best practices. the World Trade Organization. Current

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15300 CONGRESSIONAL RECORD — SENATE November 20, 2003 timelines for investigating intellectual peoples of Canada, but is a commercial provincial government of Newfound- property violations under the Trade slaughter carried out by nonnative people land and Labrador; seal processing Act force the USTR to designate cer- from the East Coast of Canada for seal fur, companies continue to receive sub- tain countries as failing to protect in- oil, and penises (used as aphrodisiacs in some sidies through the Atlantic Canada Op- Asian markets); portunities Agency; Human Resources tellectual property before a complete Whereas the fishing and sealing industries investigation can be completed and in Canada continue to justify the expanded Development Canada, and other federal make it virtually impossible to nego- seal hunt on the grounds that the seals in funding programs for staffing and cap- tiate with that country or bring a WTO the Northwest Atlantic are preventing the ital costs. The sealing industry, dispute settlement case in order to re- recovery of cod stocks, despite the lack of through the Sealing Industry Develop- solve a dispute. This bill amends Sec- any credible scientific evidence to support ment Council and other bodies, re- tion 301 of the Trade Act to make sure this claim; ceives assistance for product research that investigations can proceed before Whereas 2 Canadian Government marine and development, and for product mar- scientists reported in 1994 that the true policy is made. keting initiatives, both overseas and cause of cod depletion in the North Atlantic domestically. All the costs of the seal f was over-fishing, and the consensus among hunt for ice breaking services and for the international scientific community is SUBMITTED RESOLUTIONS that seals are not responsible for the col- search and rescue, provided by the Ca- lapse of cod stocks; nadian Coast Guard, are underwritten Whereas harp and hooded seals are a vital by Canadian taxpayers. SENATE RESOLUTION 269—URGING part of the complex ecosystem of the North- Many believe that subsidizing an in- THE GOVERNMENT OF CANADA west Atlantic, and because the seals con- dustry that only operates for a few TO END THE COMMERCIAL SEAL sume predators of commercial cod stocks, re- weeks a year and employs only a few HUNT THAT OPENED ON NOVEM- moving the seals might actually inhibit re- hundred people on a seasonal, part- BER 15, 2003 covery of cod stocks; time basis is simply a bad investment Whereas certain ministries of the Govern- on the part of the Canadian govern- Mr. LEVIN (for himself, Ms. COLLINS, ment of Canada have stated clearly that ment. The HSUS has already called there is no evidence that killing seals will Mr. LIEBERMAN, Mr. REED, Mr. LAUTEN- upon the Canadian government to end BERG, Mr. DODD, Mr. WYDEN, Mr. JEF- help groundfish stocks to recover; and Whereas the persistence of this cruel and these archaic subsidies and instead FORDS, and Mr. KENNEDY) submitted work to diversify the economy in the the following resolution; which was re- needless commercial hunt is inconsistent with the well-earned international reputa- Atlantic region by facilitating long- ferred to the Committee on Foreign tion of Canada: Now, therefore, be it term jobs and livelihoods. Relations: Resolved, That the Senate urges the Gov- The clubbing of baby seals can’t be S. RES. 269 ernment of Canada to end the commercial defended or justified, and Canada Whereas on November 15, 2003, the Govern- hunt on seals that opened in the waters off should end it just as we ended the Alas- ment of Canada opened a commercial hunt the east coast of Canada on November 15, ka baby seal massacre 20 years ago. I on seals in the waters off the east coast of 2003. urge my colleagues to support this res- Canada; Mr. LEVIN. Mr. President, today I olution. Whereas an international outcry regarding am joined by a number of my col- f the plight of the seals hunted in Canada re- leagues in submitting a resolution in sulted in the 1983 ban by the European Union the hope that the Canadian govern- SENATE RESOLUTION 270—CON- of whitecoat and blueback seal skins, and ment will cease its support of the GRATULATING JOHN GAGLIARDI, the subsequent collapse of the commercial slaughter of seals. The images from FOOTBALL COACH OF ST. JOHN’S seal hunt in Canada; UNIVERSITY, ON THE OCCASION Whereas the Marine Mammal Protection this senseless slaughter are difficult to Act of 1972 (16 U.S.C. 1361 et seq.) bars the view but even harder to accept: skin- OF HIS BECOMING THE ALL-TIME import into the United States of any seal ning of live animals, some no older WINNINGEST COACH IN COLLE- products; than 12 days, and the dragging of live GIATE HISTORY Whereas in February 2003, the Ministry of seals across the ice using steel hooks. Mr. COLEMAN (for himself and Mr. Fisheries and Oceans in Canada authorized On November 15, 2003, the Govern- DAYTON) submitted the following reso- the highest quota for harp seals in Canadian ment of Canada opened a commercial lution; which was considered and history, allowing nearly 1,000,000 seals to be hunt on seals in the waters off the east killed over a 3–year period; agreed to: Whereas harp seal pups can be legally coast of Canada. This hunt is supported S. RES. 270 hunted in Canada as soon as they have begun by millions of dollars of subsidies to Whereas John Gagliardi began his coaching to molt their white coats at approximately the sealing industry every year from career in 1943 at the age of 16 when his high 12 days of age; the Canadian Government. These sub- school football coach was drafted and John Whereas 97 percent of the seals culled in sidies facilitate the slaughter of inno- Gagliardi was asked to take over the posi- the 2003 slaughter were pups between just 12 cent animals and artificially extend tion; days and 12 weeks of age, most of which had the life of an industry that has ceased Whereas John Gagliardi won 4 conference not yet eaten their first solid meal or to exist in most developed countries. titles during the 6 years he coached high learned to swim; school football; Whereas a 2001 report by an independent These subsides can not be justified and Whereas John Gagliardi graduated from team of veterinarians invited to observe the should be ended. Colorado College in 1949 and began coaching hunt by the International Fund for Animal Few would argue that this industry football, basketball, and baseball at Carroll Welfare concluded that the seal hunt failed still serves a legitimate purpose. Two College in Helena, Montana, winning titles to comply with basic animal welfare regula- years ago, an economic analysis of the in all 3 sports; tions in Canada and that governmental regu- Canadian sealing industry concluded Whereas John Gagliardi took over the foot- lations regarding humane killing were not that it provided the equivalent on only ball program at St. John’s University in being respected or enforced; 100 to 150 full-time jobs each year. In Collegeville, Minnesota, in 1953 and the foot- Whereas the 2001 veterinary report con- addition, the analysis found that these ball team won the Minnesota Intercollegiate cluded that as many as 42 percent of the Athletic Conference title in his first year as seals studied were likely skinned while alive jobs cost Canadian taxpayers nearly coach; and conscious; $30,000 each. The report concluded that Whereas by the end of the 2002 season, Whereas the commercial slaughter of seals when the cost of government subsidies John Gagliardi had won 3 national cham- in the Northwest Atlantic is inherently provided to the industry was weighed pionships, coached 22 conference title teams, cruel, whether the killing is conducted by against the landed value of the seals appeared in 45 post-season games and com- clubbing or by shooting; each year, the net value of the sealing piled a 376–108–10 record during his 50 years Whereas many seals are shot in the course industry was close to zero. at St. John’s University; of the hunt, but escape beneath the ice where There is little about the Canadian Whereas under the leadership of John they die slowly and are never recovered, and sealing industry that is self-sustaining. Gagliardi, St. John’s University has been na- these seals are not counted in official kill tionally ranked 37 times in the past 39 years, statistics, making the actual kill level far The operating budget of the Canadian and the university set a record with a 61.5 higher than the level that is reported; Sealers Association continues to be points per game average in 1993; Whereas the commercial hunt for harp and paid by the Canadian government; Whereas over 150 students participate in hooded seals is not conducted by indigenous their rent each month is paid by the the St. John’s University football program

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each year and every player dresses for home SEC. 103. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) STANDARDS FOR NEW EQUIPMENT. games; Section 17(g)(1) of the Federal Fire Preven- (A) The Administrator shall, by regulation, Whereas John Gagliardi’s coaching meth- tion and Control Act of 1974 (15 U.S.C. require that new equipment or systems pur- ods follow the ‘‘Winning with No’s’’ theory: 2216(g)) is amended by striking subpara- chased through the assistance program es- no blocking sleds or dummies, no whistles, graphs (A) through (K) and inserting the fol- tablished by the first section 3 3 meet or ex- no tackling in practices, no athletic scholar- lowing: ceed applicable voluntary consensus stand- ships, and no long practices; ‘‘(A) $63,000,000 for fiscal year 2005, of which ards for such equipment or systems for Whereas John Gagliardi has coached over $2,266,000 shall be used to carry out section which applicable voluntary consensus stand- 5,000 players during his 50 years at St. John’s 8(f); ards have been established. The Adminis- University, and no player has failed to grad- ‘‘(B) $64,850,000 for fiscal year 2006, of which trator may waive the requirement under this uate and most have graduated in 4 years; $2,334,000 shall be used to carry out section subparagraph with respect to specific stand- Whereas, in 1993, the John Gagliardi trophy 8(f); ards. was unveiled, and it is given each year to the ‘‘(C) $66,796,000 for fiscal year 2007, of which ‘‘(B) If an applicant for a grant under the most outstanding Division III football play- $2,404,000 shall be used to carry out section first section 33 proposes to purchase, with as- er; 8(f); and sistance provided under the grant, new Whereas on November 1, 2003, John ‘‘(D) $68,800,000 for fiscal year 2008, of which equipment or systems that do not meet or Gagliardi tied Grambling University coach $2,476,000 shall be used to carry out section exceed applicable voluntary consensus stand- Eddie Robinson’s record of 408 wins with a 15 8(f).’’. ards, the applicant shall include in the appli- to 12 victory over the University of St. TITLE II—FIREFIGHTING RESEARCH AND cation an explanation of why such equip- Thomas; COORDINATION ment or systems will serve the needs of the applicant better than equipment or systems Whereas on November 8, 2003, John SEC. 201. SHORT TITLE. Gagliardi broke Eddie Robinson’s record that do meet or exceed such standards. This title may be cited as the ‘‘Fire- ‘‘(C) In making a determination whether or with a 29 to 26 victory over Bethel College; fighting Research and Coordination Act’’. Whereas John Gagliardi is admired by his not to waive the requirement under subpara- players, as well as by the students, faculty, SEC. 202. NEW FIREFIGHTING TECHNOLOGY. graph (A) with respect to a specific standard, and fans of St. John’s University for his abil- Section 8 of the Federal Fire Prevention the Administrator shall, to the greatest ex- ity to motivate and inspire; and Control Act of 1974 (15 U.S.C. 2207) is tent practicable— ‘‘(i) consult with grant applicants and Whereas students who take his course, amended— other members of the fire services regarding Theory of Football, credit John Gagliardi for (1) by redesignating subsection (e) as sub- the impact on fire departments of the re- teaching them more about life than about section (g); and quirement to meet or exceed the specific football; (2) by inserting after subsection (d) the fol- standard; Whereas those closest to John Gagliardi lowing: ‘‘(e) ASSISTANCE TO OTHER FEDERAL AGEN- ‘‘(ii) take into consideration the expla- will tell you that football is only part of his CIES.—At the request of other Federal agen- nation provided by the applicant under sub- life—he values the time he spends with Peg, cies, including the Department of Agri- paragraph (B); and his wife of 47 years, and their 4 children; and culture and the Department of the Interior, ‘‘(iii) seek to minimize the impact of the Whereas the on- and off-the-field accom- the Administrator may provide assistance in requirement to meet or exceed the specific plishments of John Gagliardi have placed fire prevention and control technologies, in- standard on the applicant, particularly if him in an elite club that includes the best cluding methods of containing insect-in- meeting the standard would impose addi- coaches in history: Now, therefore, be it tional costs. Resolved, That the Senate— fested forest fires and limiting dispersal of resultant fire particle smoke, and methods of ‘‘(D) Applicants that apply for a grant (1) congratulates John Gagliardi, football under the terms of subparagraph (B) may in- coach of St. John’s University in measuring and tracking the dispersal of fine particle smoke resulting from fires of insect- clude a second grant request in the applica- Collegeville, Minnesota, on becoming the all- tion to be considered by the Administrator time winningest coach in collegiate football infested fuel. ‘‘(f) TECHNOLOGY EVALUATION AND STAND- in the event that the Administrator does not history; and approve the primary grant request on the (2) directs the Secretary of the Senate to ARDS DEVELOPMENT.— ‘‘(1) IN GENERAL.—In addition to, or as part grounds of the equipment not meeting appli- transmit an enrolled copy of this resolution cable voluntary consensus standards.’’. to John Gagliardi and St. John’s University. of, the program conducted under subsection (a), the Administrator, in conjunction with SEC. 203. COORDINATION OF RESPONSE TO NA- f the National Institute of Standards and TIONAL EMERGENCY. Technology, the InterAgency Board for (a) IN GENERAL.—Section 10 of the Federal AMENDMENTS SUBMITTED AND Fire Prevention and Control Act of 1974 (15 PROPOSED Equipment Standardization and Inter-Oper- ability, the National Institute for Occupa- U.S.C. 2209) is amended— (1) by redesignating subsection (b) as sub- SA 2207. Mr. FRIST (for Mr. MCCAIN) pro- tional Safety and Health, the Directorate of section (c); and posed an amendment to the bill S. 1152, to re- Science and Technology of the Department (2) by inserting after subsection (a) the fol- authorize the United States Fire Adminis- of Homeland Security, national voluntary lowing: tration, and for other purposes. consensus standards development organiza- SA 2208. Mr. FRIST proposed an amend- ‘‘(b) MUTUAL AID SYSTEMS. tions, interested Federal, State, and local ‘‘(1) IN GENERAL.—The Administrator shall ment to the joint resolution H.J. Res. 78, agencies, and other interested parties, making further continuing appropriations provide technical assistance and training to shall— State and local fire service officials to estab- for the fiscal year 2004, and for other pur- ‘‘(A) develop new, and utilize existing, poses. lish nationwide and State mutual aid sys- measurement techniques and testing meth- tems for dealing with national emergencies f odologies for evaluating new firefighting that— TEXT OF AMENDMENTS technologies, including— ‘‘(A) include threat assessment and equip- ‘‘(i) personal protection equipment; ment deployment strategies; SA 2207. Mr. FRIST (for Mr. MCCAIN) ‘‘(ii) devices for advance warning of ex- ‘‘(B) include means of collecting asset and proposed an amendment to the bill S. treme hazard; resource information to provide accurate and 1152, to reauthorize the United States ‘‘(iii) equipment for enhanced vision; timely data for regional deployment; and Fire Administration, and for other pur- ‘‘(iv) devices to locate victims, firefighters, ‘‘(C) are consistent with the Federal Re- poses; as follows: and other rescue personnel in above-ground sponse Plan. and below-ground structures; ‘‘(2) MODEL MUTUAL AID PLANS.—The Ad- TITLE I—UNITED STATES FIRE ‘‘(v) equipment and methods to provide in- ministrator shall develop and make avail- ADMINISTRATION REAUTHORIZATION formation for incident command, including able to State and local fire service officials SEC. 101. SHORT TITLE. the monitoring and reporting of individual model mutual aid plans for both intrastate This title may be cited as the ‘‘United personnel welfare; and interstate assistance.’’. States Fire Administration Reauthorization ‘‘(vi) equipment and methods for training, (b) REPORT ON STRATEGIC NEEDS.—Within Act of 2003’’. especially for virtual reality training; and 90 days after the date of enactment of this SEC. 102. RE-ESTABLISHMENT OF POSITION OF ‘‘(vii) robotics and other remote-controlled Act, the Administrator of the United States UNITED STATES FIRE ADMINIS- devices; Fire Administration shall report to the Sen- TRATOR. ‘‘(B) evaluate the compatibility of new ate Committee on Commerce, Science, and Section 1513 of the Homeland Security Act equipment and technology with existing fire- Transportation and the House of Representa- of 2002 (6 U.S.C. 553) does not apply to the po- fighting technology; and tives Committee on Science on the need for sition or office of Administrator of the ‘‘(C) support the development of new vol- a strategy concerning deployment of volun- United States Fire Administration, who untary consensus standards through national teers and emergency response personnel (as shall continue to be appointed and com- voluntary consensus standards organizations defined in section 6 of the Firefighters’ Safe- pensated as provided by section 5(b) of the for new firefighting technologies based on ty Study Act 15 U.S.C. 2223e)), including a Federal Fire Prevention and Control Act of techniques and methodologies described in national credentialing system, in the event 1974 (15 U.S.C. 2204(b)). subparagraph (A). of a national emergency.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15302 CONGRESSIONAL RECORD — SENATE November 20, 2003 (c) REPORT ON FEDERAL RESPONSE PLAN.— (2) by striking ‘‘operate the office estab- tion; and S. 1531, the ‘‘Chief Justice Within 30 days after the date of enactment of lished under subsection (b)(2) and’’ in sub- John Marshall Commemorative Coin this Act, the Department of Homeland Secu- section (e)(2). Act.’’ rity shall transmit a report to the Senate (b) Maritime Firefighting.—Subsection Committee on Commerce, Science, and (b)(3)(B) of the first section 33 of the Federal Following the votes, the committee Transportation, the Senate Committee on Fire Prevention and Control Act of 1974 (15 will conduct a hearing on ‘‘Improving Governmental Affairs, and the House of Rep- U.S.C. 2229(b)(3)(B)) is amended by inserting the Corporate Governance of the New resentatives Committee on Science describ- ‘‘maritime firefighting,’’ after ‘‘arson pre- York Stock Exchange.’’ ing plans for revisions to the Federal Re- vention and detection,’’. The PRESIDING OFFICER. Without sponse Plan and its integration into the Na- (c) FIREFIGHTING IN REMOTE AREAS.—The objection, it is so ordered. tional Response Plan, including how the re- first section 33 of the Federal Fire Preven- COMMITTEE ON BANKING, HOUSING, AND URBAN vised plan will address response to terrorist tion and Control Act of 1974 (15 U.S.C. 2229) AFFAIRS attacks, particularly in urban areas, includ- is amended— ing fire detection and suppression and re- (1) by inserting ‘‘equipment for fighting Mr. DOMENICI. Mr. President, I ask lated emergency services. fires with foam in remote areas without ac- unanimous consent that the Com- SEC. 204. TRAINING. cess to water, and’’ after ‘‘including’’ in sub- mittee on Banking, Housing, and (a) IN GENERAL.—Section 7(d)(1) of the Fed- section (b)(3)(H); and Urban Affairs be authorized to meet eral Fire Prevention and Control Act of 1974 (2) by inserting ‘‘Of the amounts author- during the session of the Senate on (15 U.S.C. 2206(d)(1)) is amended— ized in this paragraph, $3,000,000 shall be Thursday, November 20, 2003, at 2 p.m., (1) by striking ‘‘and’’ after the semicolon made available each year through fiscal year in subparagraph (E); 2008 for foam firefighting equipment.’’ at the to conduct a hearing on the ‘‘Review of (2) by redesignating subparagraph (F) as end of subsection (e)(1). Current Investigations and Regulatory subparagraph (N); and SEC. 206. NATIONAL FALLEN FIREFIGHTERS Actions Regarding the Mutual Fund In- (3) by inserting after subparagraph (E) the FOUNDATION. dustry.’’ following: (a) MEMBERS.—Section 151303(b) of title 36, The PRESIDING OFFICER. Without ‘‘(F) strategies for building collapse rescue; United States Code, is amended— objection, it is so ordered. ‘‘(G) the use of technology in response to (1) by striking ‘‘9’’ in paragraph (2) and in- COMMITTEE ON COMMERCE, SCIENCE, AND fires, including terrorist incidents and other serting ‘‘12’’; TRANSPORTATION national emergencies; (2) by striking ‘‘six’’ in subparagraph (D) of ‘‘(H) response, tactics, and strategies for paragraph (2) and inserting ‘‘nine’’; and Mr. DOMENICI. Mr. President, I ask dealing with terrorist-caused national catas- (3) by striking ‘‘3 members’’ in paragraph unanimous consent that the Com- trophes; (3) and inserting ‘‘4 members’’. mittee on Commerce, Science, and ‘‘(I) use of and familiarity with the Federal (b) COMPENSATION.—Section 151304(b)(3) of Transportation be authorized to meet Response Plan; title 36, United States Code, is amended by ‘‘(J) leadership and strategic skills, includ- on Thursday, November 20, 2003, at 9:30 inserting ‘‘15 percent above’’ after ‘‘more a.m., on Drug Importation. ing integrated management systems oper- than’’. ations and integrated response; (c) PERIOD OF AUTHORIZED ASSISTANCE.— The PRESIDING OFFICER. Without ‘‘(K) applying new technology and devel- Section 151307 of title 36, United States Code, objection, it is so ordered. oping strategies and tactics for fighting for- is amended in subsection (a)(1), by striking COMMITTEE ON GOVERNMENTAL AFFAIRS est fires; ‘‘During the 10-year period beginning on the ‘‘(L) integrating the activities of terrorism Mr. DOMENICI. Mr. President, I ask date of the enactment of the Fire Adminis- response agencies into national terrorism in- unanimous consent that the Com- tration Authorization Act of 2000, the’’ and cident response systems; inserting ‘‘The’’. mittee on Governmental Affairs be au- ‘‘(M) response tactics and strategies for thorized to meet on Thursday, Novem- fighting fires at United States ports, includ- ber 20, 2003 at a time and location to be ing fires on the water and aboard vessels; SA 2208. Mr. FRIST proposed an and’’. amendment to the joint resolution H.J. determined to hold a business meeting (b) CONSULTATION ON FIRE ACADEMY CLASS- Res. 78, making further continuing ap- to consider the nominations of James ES.—The Superintendent of the National propriations for the fiscal year 2004, M. Loy to be Deputy Secretary of Fire Academy may consult with other Fed- and for other purposes; as follows: Homeland Security, Department of eral, State, and local agency officials in de- On page 2, line 7, strike ‘‘23’’ and insert Homeland Security; and Scott J. Bloch veloping curricula for classes offered by the ‘‘24’’. to be Special Counsel, Office of Special Academy. Counsel. (c) COORDINATION WITH OTHER PROGRAMS TO f The PRESIDING OFFICER. Without AVOID DUPLICATION.—The Administrator of the United States Fire Administration shall AUTHORITY FOR COMMITTEES TO objection, it is so ordered. coordinate training provided under section MEET SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT 7(d)(1) of the Federal Fire Prevention and COMMITTEE ON ARMED SERVICES MANAGEMENT, THE FEDERAL WORKFORCE AND Control Act of 1974 (15 U.S.C. 2206(d)(1)) with Mr. DOMENICI. Mr. President, I ask THE DISTRICT OF COLUMBIA the Attorney General, the Secretary of unanimous consent that the Com- Mr. DOMENICI. Mr. President, I ask Health and Human Services, and the heads of unanimous consent that the Com- other Federal agencies mittee on Armed Services be author- (1) to ensure that such training does not ized to meet during the session of the mittee on Governmental Affairs Sub- duplicate existing courses available to fire Senate on Thursday, November 20, 2003, committee on Oversight of Government service personnel; and at 3 p.m., in closed session, to receive a Management, the Federal Workforce (2) to establish a mechanism for elimi- briefing on assessment of the current and the District of Columbia, be au- nating duplicative training programs. situation in Iraq. thorized to meet on Thursday, Novem- (d) COURSES AND TRAINING ASSISTANCE.— The PRESIDING OFFICER. Without ber 20, 2003 at 10 a.m. for a hearing en- Section 7(1) of the Federal Fire Prevention titled, ‘‘Keeping the Lights on: The and Control Act of 1974 (15 U.S.C. 2206(1)) is objection, it is so ordered. Federal Role in Managing the Nation’s amended by adding at the end the following: COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘The Superintendent shall offer, at the AFFAIRS Electricity, Part Two.’’ Academy and at other sites, courses and Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. Without training assistance as necessary to accom- unanimous consent that the Com- objection, it is so ordered. modate all geographic regions and needs of PERMANENT SUBCOMMITTEE ON INVESTIGATIONS career and volunteer firefighters.’’. mittee on Banking, Housing, and Urban Affairs be authorized to meet Mr. DOMENICI. Mr. President, I ask SEC. 205. FIREFIGHTER ASSISTANCE GRANTS PROGRAM. during the session of the Senate on No- unanimous consent that the Perma- (a) ADMINISTRATION.—The first section 33 of vember 20, 2003, at 10 a.m., to conduct nent Subcommittee on Investigations the Federal Fire Prevention and Control Act a vote on the nomination of Ms. Alicia of the Committee on Governmental Af- of 1974 (15 U.S.C. 2229) is amended— R. Castaneda, of the District of Colum- fairs be authorized to meet on Thurs- (1) by striking subsection (b)(2) and insert- bia, to be a member of the Board of Di- day, November 20, 2003, at 9 a.m., for a ing the following: rectors of the Federal Housing Finance hearing entitled ‘‘U.S. Tax Shelter In- ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Di- rector shall establish specific criteria for the Board; the nomination of Mr. Thomas dustry: The Role of Accountants, Law- selection of recipients of assistance under J. Curry, of Massachusetts, to be a yers and Financial Professionals.’’ this section and shall provide grant-writing member of the Board of Directors of The PRESIDING OFFICER. Without assistance to applicants.’’; and the Federal Deposit Insurance Corpora- objection, it is so ordered.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15303 MEASURE READ THE FIRST charged from further consideration of ernmental organizations, concerned States, TIME—H.R. 1274 H.R. 3038 and the Senate proceed to its and international financial institutions to act with haste and manifold dedication to Mr. FRIST. I understand that H.R. immediate consideration. The PRESIDING OFFICER. The eradicate polio as soon as possible; and 1274, which was just received from the (3) calls upon the United States govern- House, is at the desk and I now ask for clerk will report the bill by title. ment to continue its contribution to the its first reading. The legislative clerk read as follows: multilateral effort to eradicate polio, includ- The PRESIDING OFFICER. The A bill (H.R. 3038) to make certain technical ing closely monitoring laboratory stocks of clerk will report the bill by title. and conforming amendments to correct the the polio virus. The legislative clerk read as follows: Health Care Safety Net Amendments Act of f 2002. A bill (H.R. 1274) to direct the Adminis- ESTABLISHING THE NATIONAL There being no objection, the Senate trator of General Services to convey to Fres- MUSEUM OF AFRICAN AMERICAN proceeded to consider the bill. no County, California, the existing Federal HISTORY AND CULTURE courthouse in that county. Mr. FRIST. I ask unanimous consent Mr. FRIST. I now ask for its second that the bill be read a third time and Mr. FRIST. I ask unanimous consent reading and object to my own request. passed, the motion to reconsider be that the Senate now proceed to the im- The PRESIDING OFFICER. The bill laid upon the table, and that any state- mediate consideration of H.R. 3491, will receive its second reading on the ments relating to the bill be printed in which is at the desk. The PRESIDING OFFICER. The next legislative day. the RECORD. The PRESIDING OFFICER. Without clerk will report the bill by title. f objection, it is so ordered. The legislative clerk read as follows: HUGH GREGG POST OFFICE The bill (H.R. 3038) was read the third A bill (H.R. 3491) to establish within the BUILDING time and passed. Smithsonian Institution the National Mu- seum of African American History and Cul- Mr. FRIST. I ask unanimous consent f ture, and for other purposes. that the Senate now proceed to consid- eration of Calendar No. 397, H.R. 3185. EXPRESSING THE SENSE OF THE There being no objection, the Senate The PRESIDING OFFICER. The SENATE WITH RESPECT TO POLIO proceeded to consider the bill. clerk will report the bill by title. Mr. FRIST. I ask unanimous consent Mr. BROWNBACK. Mr. President, The legislative clerk read as follows: that the HELP Committee be dis- over 200 years ago, there was a dream that was America for a group of indi- A bill (H.R. 3185) to designate the facility charged from further consideration of of the United States Postal Service located S. Res. 266 and the Senate proceed to viduals who were brought to our shores at 38 Spring Street in Nashua, New Hamp- its immediate consideration. in shackles. A dream so powerful that shire, as the Hugh Gregg Post Office Build- The PRESIDING OFFICER. Without compelled a race of people to fight for ing. objection, it is so ordered. the liberty of others when they were in There being no objection, the Senate The clerk will report the resolution bondage themselves. A dream that not proceeded to consider the bill. by title. only served as a catalyst for physical Mr. FRIST. I ask unanimous consent The legislative clerk read as follows: liberation in the African-American community but removed societal that the bill be read a third time and A resolution (S. Res. 266) expressing the passed, the motion to reconsider be sense of the Senate with respect to Polio. shackles from our culture and enabled us to realize the ideals set before us in laid upon the table, and any state- There being no objection, the Senate the Constitution—that all men are cre- ments relating to the bill be printed in proceeded to consider the resolution. ated equal under God. the RECORD. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without Today, I am proud to stand here with that the resolution be agreed to, the my colleagues, from both the House objection, it is so ordered. preamble be agreed to, and any state- The bill (H.R. 3185) was read the third and the Senate, and announce the pas- ments relating to the resolution be sage of the National Museum of Afri- time and passed. ECORD. printed in the R can-American History and Culture Act. f The PRESIDING OFFICER. Without After over 70 years, we have finally cre- objection, it is so ordered. JOHN G. DOW POST OFFICE ated a museum to honor—nationally— The resolution (S. Res. 266) was BUILDING the contributions and sacrifice of Afri- agreed to. Mr. FRIST. I ask unanimous consent can Americans in this country. The preamble was agreed to. that the Senate now proceed to consid- I would specifically like to thank The resolution, with its preamble, eration of Calendar No. 367, H.R. 3166. Senator DODD, who was committed to reads as follows: The PRESIDING OFFICER. The honoring this history and has worked clerk will report the bill by title. S. RES. 266 hard to get us to this point today. The legislative clerk read as follows: Whereas polio has caused millions of cas- I would also like to thank Senator ualties through history, paralyzing millions A bill (H.R. 3166) to designate the facility TRENT LOTT for his unwavering support and killing untold numbers of others; to move this bill through the Com- of the United States Postal Service located Whereas polio remains a public health at 57 Old Tappan Road in Tappan, New York, threat in today’s world, despite being easily mittee of Jurisdiction. As well as Sen- as the John G. Dow Post Office Building. preventable by vaccination; ator TED STEVENS for his leadership There being no objection, the Senate Whereas polio is now limited to 10 coun- and commitment to this project. proceeded to consider the bill. tries, with the distinct possibility that it can Additionally, I would like to recog- Mr. FRIST. I ask unanimous consent be once and forever extinguished as an afflic- nize Senator SANTORUM for his contin- that the bill be read a third time and tion on mankind by ensuring the vaccination ued unwavering commitment to this passed, the motion to reconsider be of all children in these countries under the bill as well as the majority leader of age of 5; the Senate, Senator BILL FRIST. It laid upon the table, and any state- Whereas a Global Polio Eradication Initia- ments relating to the bill be printed in tive exists that seeks to once and forever end means a great deal to have such wide- the RECORD. polio as an illness, which includes efforts un- spread support and I am grateful. The PRESIDING OFFICER. Without derway by the Centers for Disease Control Perhaps most important, I would like objection, it is so ordered. and Prevention; and to thank Representative JOHN LEWIS The bill (H.R. 3166) was read the third Whereas the United States has the capac- for championing this bill for over 15 time and passed. ity to act to speed the eradication of polio by years. It has been a pleasure for me to assisting in the targeting of its few remain- f work with you, JOHN, on this bill. ing reservoirs: Now, therefore, be it With the creation of this museum, we CORRECTION OF HEALTH CARE Resolved, That the Senate— will celebrate a rich and magnificent (1) expresses serious concern about the SAFETY NET AMENDMENTS ACT history. A history of a people’s quest OF 2003 continuing threat posed by polio; (2) encourages the United Nations and its for freedom that shaped this Nation Mr. FRIST. I ask unanimous consent component agencies, the private sector, pri- into a symbol of freedom and democ- that the HELP Committee be dis- vate voluntary organizations and non-gov- racy around the world. I am proud to

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15304 CONGRESSIONAL RECORD — SENATE November 20, 2003 stand here today with my colleagues from our fear-drenched communities This legislation will help ensure that and celebrate the passage of this won- and in some not too distant tomorrow the compelling stories and invaluable derful bill. the radiant stars of love and brother- contributions of African Americans to Perhaps most important, I believe hood will shine over our great Nation our national fabric will no longer be ig- that this museum will be a catalyst for with all their scintillating beauty.’’ We nored, but shared with all Americans, needed racial reconciliation in this are one step closer today—God bless. indeed, all peoples of the world. country. There will be many tears shed Mr. DODD. Mr. President, today is a With the creation of the National at this museum—tears that cleanse the truly historic day. After nearly three- Museum of African American History soul and that transcend race, creed, quarters of a century of trying, a na- and Culture, Americans of all races, and color. tional museum dedicated to telling the ethnic backgrounds, and personal his- I remember when I met with the dean story of the African American struggle tories can come together to celebrate of the Afro-American Studies at How- and contribution to the founding and the contributions of all Americans to ard University. He told me of a story development of this country is about to the rich heritage and culture that is about his grandfather who finished a be realized with passage of H.R. 3491, the American melting pot. bowl the day the Emancipation Procla- legislation to create a National Mu- That is the essence of this legisla- mation was authorized. seum of African American History and tion—the completion of the American His grandfather decided to keep the Culture. story of our quest for freedom and bowl because it no longer was the prop- Many individuals are to be congratu- truth through the public incorporation erty of a slave master but the man who lated and thanked for their efforts to of the experiences and contributions of made it—his grandfather. The dean has bring this dream to fruition. In the African Americans to that struggle. this bowl in his home—an incredible Senate, my distinguished colleague and This Museum offers the promise and piece of history and I am sure there are author of legislation this Congress to hope that all Americans can come to many more pieces out there waiting for authorize the African American Mu- understand the full story of how this a home—a national home and today we seum, Senator SAM BROWNBACK, has nation was formed. have ensured that there will indeed be been a champion of this effort for the The House bill before us is virtually a home for such artifacts. past two Congresses. I was pleased to identical to the bill Senator BROWN- Specifically, this bill creates this be his coauthor on this measure. BACK and I introduced in May of this museum within the Smithsonian Insti- As chairman of the Senate Rules year, S. 1157, which the Senate passed tution—America’s premier museum Committee last Congress, it was my on June 23rd. This legislation directs the Smithso- complex. We have worked very hard great honor to work with him to nian Institution to establish a museum with the Smithsonian Institution to produce legislation to create the Presi- known as the National Museum of Afri- craft a bill that will compliment their dential Commission, whose report can American History and Culture. programs—and indeed we have done underpinned the legislation we intro- Within 12 months of enactment, the just that. duced earlier this year. We would not Smithsonian Board of Regents will The legislation outlines a museum be voting on this matter today but for choose a site for this Museum from that is very similar to the American the continuing efforts of Senator among four sites listed in the bill. Indian Museum, slated to open next BROWNBACK. With regard to the sites available for year. And I know that the Smithsonian In the House, my good friend, Con- selection, the House bill deletes the Institution will create another na- gressman BOB NEY, and my friend and Capitol grounds site contained in the tional treasure, one that tells the story colleague from Connecticut, Congress- Senate-passed bill and substitutes a of African Americans in this country— man JOHN LARSON, worked with us to fourth site, known as the ‘‘Banneker a proud history, a rich history. find a compromise that could be sup- Overlook site’’ located on 10th Street This bill charges the Board of Re- ported in the House and shepherded Southwest at the foot of the L’Enfant gents of the Smithsonian Institution this legislation to passage on the Plaza promenade on axis with the along with the Council of the National House suspension calendar on Wednes- Smithsonian Castle. Museum to plan, build and construct a day by an overwhelming vote of 409 to The bill directs that, prior to the se- museum dedicated to celebrating na- 9. Their diligence and dedication to lection of the site, the Board of Re- tionally African-American history— this effort was tireless. gents will consult with the chair of the which is American history. But no one deserves more credit for National Capital Planning Commission In addition, this bill charges the helping to realize this dream than does and the chair of the Commission on board of regents with choosing a site my dear friend from Georgia, Congress- Fine Arts, as well as the chairman of on or adjacent to the National Mall for man JOHN LEWIS. This bill is truly his the Presidential Commission, Congres- the location of the museum. dream, his inspiration, his vision, his sional oversight committees and oth- Additionally, the bill instructs the mission. ers. director of the museum to create and For nearly 12 years JOHN LEWIS has In the meantime, the Smithsonian oversee an education and program liai- made creation of this museum his per- Board of Regents will appoint a 19 son section designed to work with edu- sonal crusade. It has been a labor of member council, comprised of leaders cational institutions and museums love and while the road has been long within the African American commu- across the country in order to promote and filled with bumps, the victory nity and others, to advise the Regents African-American history. today is his victory. I salute JOHN on the development, design and con- Finally, the bill sets fourth a federal- LEWIS for his courage and tireless dedi- struction of the Museum. private partnership for funding the mu- cation to this cause. With regard to the selection of these seum and creates a council for the mu- But the ultimate winner today is not council members, I was disappointed seum, which will be comprised from a just a handful of Members, it is our Na- that the House deleted a provision in mixture of leading African Americans tion as a whole. For today, Congress the Senate-passed bill which would from the museum, historical, and busi- has acted to heal old wounds of the have required that at least 9 members ness communities. past and formally acknowledge that of the council be of African American I do not pretend that this museum is the stories and contributions of Afri- descent. a panacea for racial reconciliation. It can Americans to the birth and growth This important provision in the Sen- is, however, a productive step in recog- of this great Nation must be told to ate-passed bill was modeled on provi- nizing the important contributions Af- complete our history. sions of the act which created the Na- rican Americans have made to this Since 1929, efforts have been made to tional Museum of the American Indian. country. recognize the contributions and unique As in the case of that Museum, this Dr. Martin Luther King, Jr. once ex- history of Americans of African de- language was intended to ensure that pressed his desire for this Nation, scent. It is past time that we publicly the sensitivities and perspectives of ‘‘That the dark clouds of [misconcep- acknowledge and incorporate the Afri- those individuals whose stories this tions] will soon pass away and the deep can American experience into our col- Museum will tell are properly consid- fog of misunderstanding will be lifted lective identity. ered and portrayed.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15305 Although I regret that the House de- the support of the new Museum of Afri- slave trader exchanged his cargo of Af- leted this provision, the bill still re- can American History and Culture and ricans for food. Over the next 400 years, quires that, in appointing 17 of the 19 the National Institute of Museum and the descendants of men and women members of the council, the Board of Library Services, that we can ensure brought to America in chains would Regents take into consideration indi- that the lessons of the past are not lost seek and find freedom. They would viduals recommended by organizations on current or future generations. transform the American consciousness. and entities that are committed to the In short, this legislation offers the They would permanently revolutionize advancement of knowledge of African hope that through knowledge and edu- American culture, American music, American life, art, history, and cul- cation, the history of the struggles for American art, and American literature. ture. freedom and equality of some Ameri- We are on the cusp of really a mo- Although this change weakens the cans becomes the interwoven history of mentous event, and that is the enshrin- Senate version of this bill some, the all Americans and ensures that future ing of these events in a national mu- Smithsonian Institution can still en- generations will not have to repeat seum devoted to African-American his- sure the integrity of the content of this such struggles. tory and culture. With this, visitors museum by appointing members to the I was honored to be the lead Demo- from around the world will learn about council in keeping with the Senate’s cratic sponsor of this legislation in the 400 years of struggle and progress. original intent. As the ranking member Senate, and I am honored to stand be- The museum will house priceless ar- of the Rules Committee which has fore the Senate today to urge my col- tifacts, it will house documents, it will oversight jurisdiction over the Smith- leagues to adopt this compromise house recordings—all commemorating sonian, I look forward to working with which the House has passed and send that 400-year history. It will serve as a the Smithsonian to see that this hap- this measure to the President for his wellspring of inspiration and scholar- pens. signature. ship. With the action of just a few mo- This Museum will include exhibits We would not be at this point today ments ago, we will be sending the and programs relating to all aspects of without the dedication and assistance President a bill to fulfill this vision. African American life, art, history, and of many people, including the staff who What the African American Museum culture from the time of slavery labor many hours and late into the of History and Culture Act does is es- through present day and will provide night to facilitate the legislative proc- tablish this museum within the Smith- leadership to other museums and will ess. At the risk of leaving someone off sonian. It is a Federal-private partner- collaborate with historically Black col- the list, I want to recognize those staff ship. It authorizes $17 million for the leges and universities and educational for their considerable contributions to first year in order to launch this mu- organizations to ensure the integrity of this measure, including LaRochelle seum. The Board of Regents will have 12 the exhibits and programming and to Young of Senator BROWNBACK’s staff; months to designate a site and the leg- broaden the reach of its story and mis- Michael Collins and Tammy Boyd of islation lays out four possibilities for Congressman JOHN LEWIS’s staff; Paul sion. that site. Once that site is selected, the The House compromise also retains Vinovich and George Hagijski of Con- Board will set to work raising up this provisions of the Senate-passed bill gressman BOB NEY’s House Administra- new national institution. America will which authorizes a grant program tion Committee staff; George Shevlin finally have a museum worthy of the within the National Institute of Mu- and Matt Pinkus of Congressman JOHN generations of men and women who seum and Library Services. This pro- LARSON’s House Administration Com- have sacrificed so much and given so gram is intended to support organiza- mittee staff; Susan Brita of Congress- deeply to the cause of freedom. tions dedicated to expanding the man JAMES OBERSTAR’s House Trans- I do commend my colleagues, Sen- knowledge of the African American ex- portation and Infrastructure Com- ator BROWNBACK, Senator DODD, Sen- perience and slavery by providing sup- mittee staff; Dan Mathews of Congress- ator LOTT, Senator SANTORUM, Senator port for improving operations, care of man STEVEN LATOURETTE’s Transpor- STEVENS, and on the House side espe- collections, and intern and scholarship tation and Infrastructure Committee cially Representative JOHN LEWIS of programs. staff; Bill Johnson of Congressman Georgia and Representative J.C. Watts Equally important is a provision JACK KINGSTON’s staff; and Kennie Gill for their hard work and their leader- which will provide grants to nonprofit of my Rules Committee staff. ship in coming to this point. organizations whose primary purpose is The action we take today is historic Indeed, the African-American jour- to promote the study of the African not only in its ability to unify this na- ney is America’s journey and tonight American diaspora. Such grants can be tion, but in its message to the world we take another major step forward. used to increase existing endowment that we recognize and cherish the con- The PRESIDING OFFICER. The Sen- funds for the purpose of enhancing edu- tributions of all Americans to the cre- ator from Nevada. cation programs and maintaining and ation of this great democracy. Mr. REID. If the Senator has finished operating traveling exhibits. Mr. FRIST. I ask unanimous consent his comment on the passage of this im- In Connecticut, we are fortunate to that the bill be read the third time and portant legislation, I would like to have such an organization in Amistad passed, the motion to reconsider be briefly say JOHN LEWIS’s name was America, Inc. Amistad America is a na- laid upon the table, and any state- mentioned, and rightfully so. Everyone tional, non-profit educational organi- ments relating to the bill be printed in the distinguished majority leader men- zation dedicated to promoting the leg- the RECORD. tioned has played a significant role in acies of the Amistad incident of 1839 The PRESIDING OFFICER. Without this legislation before us, but when through the traveling exhibit of the objection, it is so ordered. JOHN LEWIS came to Washington, this freedom schooner Amistad. The bill (H.R. 3491) was read the third became a personal crusade of his. The Amistad is literally a floating time and passed. JOHN LEWIS is one of my heroes. I classroom which celebrates and teaches Mr. FRIST. I want to take just one have such great admiration and respect the historic lessons of perseverance, moment and comment on the unani- for him. I think this is the culmination leadership, cooperation, justice, and mous consent agreement and the estab- of a dream he started many years ago. freedom inherent in the Amistad Inci- lishment within the Smithsonian Insti- I want the record to be clear as to how dent. Although its home port is New tution of the National Museum of Afri- much this means to him, the people of Haven, CT, the freedom schooner can American History and Culture, Georgia, and this country. Amistad travels to both national and which we just approved. The PRESIDING OFFICER. The ma- international ports to bring the story This has been a fairly long journey, jority leader. of our collective history and the con- to come to the point of the establish- Mr. FRIST. I, again, want to second tinuing struggle for equality and ment of this African American History that. When this bill passed the House human rights to school children and and Culture Museum. It really goes of Representatives—I think it was 2 adults around the globe. back to the time of African-American nights ago—I immediately called Rep- It is through the efforts of such orga- history, when it began in 1619 in resentative LEWIS the next morning for nizations as Amistad America, with Jamestown, VA. It was there a Dutch exactly the same reason.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15306 CONGRESSIONAL RECORD — SENATE November 20, 2003 I have not been around Washington be agreed to, the preamble be agreed (1) congratulates John Gagliardi, football quite as long to be able to build upon to, the motion to reconsider be laid coach of St. John’s University in the shoulders of somebody like Rep- upon the table, and any statements re- Collegeville, Minnesota, on becoming the all- time winningest coach in collegiate football resentative LEWIS, who had this vision lating to the resolution be printed in history; and of a museum, but we are now taking the RECORD. (2) directs the Secretary of the Senate to that major step forward. As museums The PRESIDING OFFICER. Without transmit an enrolled copy of this resolution are approved and money is put forward, objection, it is so ordered. to John Gagliardi and St. John’s University. it takes a while, but to see that dream The resolution (S. Res. 270) was f really becoming concrete, I want to agreed to. RECOGNITION OF THE EVOLUTION tell him thank you for me, for this The preamble was agreed to. AND IMPORTANCE OF MOTOR- body, for America, and for all the mil- The resolution, with its preamble, SPORTS lions of people who will benefit from reads as follows: Mr. FRIST. Mr. President, I ask that vision he had. S. RES. 270 f unanimous consent that the Senate Whereas John Gagliardi began his coaching proceed to the immediate consider- career in 1943 at the age of 16 when his high CONGRATULATING COACH JOHN ation of Calendar No. 395, S. Res. 253. GAGLIARDI school football coach was drafted and John Gagliardi was asked to take over the posi- The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask tion; clerk will report the resolution by unanimous consent that the Senate Whereas John Gagliardi won 4 conference title. proceed to the consideration of S. Res. titles during the 6 years he coached high The legislative clerk read as follows: 270, submitted by Senators COLEMAN school football; A resolution (S. Res. 253) to recognize the and DAYTON earlier today. Whereas John Gagliardi graduated from evolution and importance of motorsports. The PRESIDING OFFICER. The Colorado College in 1949 and began coaching There being no objection, the Senate football, basketball, and baseball at Carroll clerk will report the resolution by proceeded to consider the resolution. College in Helena, Montana, winning titles Mr. FRIST. Mr. President, I ask title. in all 3 sports; The legislative clerk read as follows: Whereas John Gagliardi took over the foot- unanimous consent that the resolution A resolution (S. Res. 270) congratulating ball program at St. John’s University in be agreed to, the preamble be agreed John Gagliardi, football coach of St. Johns Collegeville, Minnesota, in 1953 and the foot- to, the motion to reconsider be laid University, on the occasion of his becoming ball team won the Minnesota Intercollegiate upon the table with no intervening ac- the all-time winningest coach in collegiate Athletic Conference title in his first year as tion or debate, and that any state- football history. coach; ments relating to this resolution be There being no objection, the Senate Whereas by the end of the 2002 season, printed in the RECORD. proceeded to consider the resolution. John Gagliardi had won 3 national cham- The PRESIDING OFFICER. Without pionships, coached 22 conference title teams, Mr. DASCHLE. Mr. President, I rise objection, it is so ordered. appeared in 45 post-season games and com- The resolution (S. Res. 253) was in strong support of S. Res. 270, con- piled a 376–108–10 record during his 50 years gratulating John Gagliardi on becom- at St. John’s University; agreed to. ing the winningest college football Whereas under the leadership of John The preamble was agreed to. The resolution, with its preamble, coach in history. He is a truly remark- Gagliardi, St. John’s University has been na- reads as follows: able coach and an even better man. tionally ranked 37 times in the past 39 years, While thousands of his players have and the university set a record with a 61.5 S. RES. 253 known this for years, the rest of the points per game average in 1993; Whereas on March 26, 1903, an automotive Whereas over 150 students participate in country has come to learn over the last race was held on a beach in Volusia County, the St. John’s University football program Florida, inaugurating 100 years of motor- several weeks that it not just John’s each year and every player dresses for home sports; 410 wins which make him special. In an games; Whereas 100 years later, motorsports are era when collegiate student athletes Whereas John Gagliardi’s coaching meth- the fastest growing sports in the country; are pressured to avoid academics, John ods follow the ‘‘Winning with No’s’’ theory: Whereas races occur at hundreds of Gagliardi consistently coaches teams no blocking sleds or dummies, no whistles, motorsport facilities in all 50 States; with graduation rates at or close to 100 no tackling in practices, no athletic scholar- Whereas racing fans can enjoy a wide vari- percent. He values sportsmanship, hard ships, and no long practices; ety of motorsports sanctioned by organiza- Whereas John Gagliardi has coached over work and humility. And he treats his tions that include Championship Auto Rac- 5,000 players during his 50 years at St. John’s ing Teams (CART), Grand American Road players and opponents with respect. University, and no player has failed to grad- Racing (Grand Am), Indy Racing League I am proud that several South Dako- uate and most have graduated in 4 years; (IRL), International Motorsports Association tans have contributed to John’s suc- Whereas, in 1993, the John Gagliardi trophy (IMSA), National Association for Stock Car cess over the years. This year’s con- was unveiled, and it is given each year to the Automobile Racing (NASCAR), National Hot ference championship team includes most outstanding Division III football play- Rod Association (NHRA), Sports Car Club of three fine student athletes from South er; America (SCCA), and United States Auto Dakota: Aaron Babb, of Sioux Falls; Whereas on November 1, 2003, John Club (USAC); Gagliardi tied Grambling University coach Jason Hardie, of Beresford; and Dana Whereas the research and development of Eddie Robinson’s record of 408 wins with a 15 vehicles used in motorsports have directly Kinsella, also of Sioux Falls. to 12 victory over the University of St. contributed to improvements in safety and There have been other fine South Da- Thomas; technology for the automobiles and motor kotans before them. While there are Whereas on November 8, 2003, John vehicles used by hundreds of millions of dozens, I will name just a couple. Sean Gagliardi broke Eddie Robinson’s record Americans; Dailey, an all-conference defensive end, with a 29 to 26 victory over Bethel College; Whereas 13,000,000 fans will attend is now an accomplished chemist. And Whereas John Gagliardi is admired by his NASCAR races alone in 2003; Jay Conzemius, an All-American run- players, as well as by the students, faculty, Whereas fans of all ages spend days at and fans of St. John’s University for his abil- ning back was until recently the Chan- motorsport facilities participating in a vari- ity to motivate and inspire; ety of interactive theme and amusement ac- cellor of the Catholic Diocese of Sioux Whereas students who take his course, tivities surrounding races; Falls. Theory of Football, credit John Gagliardi for Whereas motorsport facilities that provide It is right and fitting for the Senate teaching them more about life than about these theme and amusement activities con- to honor John Gagliardi for his historic football; tribute millions of dollars into local econo- accomplishments. It is unlikely that Whereas those closest to John Gagliardi mies; anyone will ever win as many games as will tell you that football is only part of his Whereas motorsports make a significant he has, and maybe even more unlikely life—he values the time he spends with Peg, contribution to the national economy; and his wife of 47 years, and their 4 children; and Whereas tens of millions of people in the that any coach will so positively im- Whereas the on- and off-the-field accom- pact the lives of so many young men. I United States enjoy the excitement and plishments of John Gagliardi have placed speed of motorsports every week: Now, yield the floor. him in an elite club that includes the best therefore, be it Mr. FRIST. Mr. President, I ask coaches in history: Now, therefore, be it Resolved, That the Senate recognizes the unanimous consent that the resolution Resolved, That the Senate— evolution of motorsports and honors those

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15307 who have helped create and build this great øSEC. 3. AUTHORIZATION OF APPROPRIATIONS. tional Institute of Standards and Technology, American pastime. øSection 17(g)(1) of the Federal Fire Pre- the Inter-Agency Board for Equipment Stand- f vention and Control Act of 1974 (15 U.S.C. ardization and Inter-Operability, the National 2216(g)(1)) is amended to read as follows: ‘‘(1) Institute for Occupational Safety and Health, EXPRESSING THE IMPORTANCE OF Except as otherwise specifically provided the Directorate of Science and Technology of MOTORSPORTS with respect to the payment of claims under the Department of Homeland Security, national Mr. FRIST. Mr. President, I ask section 11 of this Act, there are authorized to voluntary consensus standards development or- be appropriated to carry out the purposes of ganizations, interested Federal, State, and local unanimous consent the Senate proceed this Act— agencies, and other interested parties, shall— to the immediate consideration of H. ø‘‘(A) $52,000,000 for fiscal year 2004; ‘‘(A) develop new, and utilize existing, meas- Con. Res. 320, which is at the desk. ø‘‘(B) $53,560,000 for fiscal year 2005; and urement techniques and testing methodologies The PRESIDING OFFICER. The ø‘‘(C) $55,166,800 for fiscal year 2006.’’.¿ for evaluating new firefighting technologies, in- clerk will report the concurrent resolu- TITLE I—UNITED STATES FIRE cluding— tion by title. ADMINISTRATION REAUTHORIZATION ‘‘(i) personal protection equipment; The legislative clerk read as follows: ‘‘(ii) devices for advance warning of extreme SECTION 101. SHORT TITLE. hazard; A concurrent resolution (H. Con. Res. 320) This title may be cited as the ‘‘United States ‘‘(iii) equipment for enhanced vision; expressing the sense of the Congress regard- Fire Administration Reauthorization Act of ‘‘(iv) devices to locate victims, firefighters, ing the importance of motorsports. 2003’’. and other rescue personnel in above-ground and There being no objection, the Senate SEC. 102. RE-ESTABLISHMENT OF POSITION OF below-ground structures; UNITED STATES FIRE ADMINIS- ‘‘(v) equipment and methods to provide infor- proceeded to consider the concurrent TRATOR. resolution. mation for incident command, including the Section 1513 of the Homeland Security Act of monitoring and reporting of individual per- Mr. FRIST. Mr. President, I ask 2002 does not apply to the position or office of sonnel welfare; unanimous consent that the concur- Administrator of the United States Fire Admin- ‘‘(vi) equipment and methods for training, es- rent resolution be agreed to, the pre- istration, who shall continue to be appointed pecially for virtual reality training; and amble be agreed to, the motion to re- and compensated as provided by section 5(b) of ‘‘(vii) robotics and other remote-controlled de- consider be laid upon the table, and the Federal Fire Prevention and Control Act of vices; that any statements relating to the 1974 (15 U.S.C. 2204(b)) after the functions vest- ‘‘(B) evaluate the compatibility of new equip- ed by law in the Federal Emergency Manage- concurrent resolution be printed in the ment and technology with existing firefighting ment Agency have been transferred to the Direc- technology; and RECORD. torate of Emergency Preparedness and Response ‘‘(C) support the development of new vol- The PRESIDING OFFICER. Without in accordance with section 503 of the Homeland untary consensus standards through national objection, it is so ordered. Security Act of 2002. voluntary consensus standards organizations The concurrent resolution (H. Con. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. for new firefighting technologies based on tech- Res. 320) was agreed to. Section 17(g) of the Federal Fire Prevention niques and methodologies described in subpara- The preamble was agreed to. and Control Act of 1974 (15 U.S.C. 2216(g)) is graph (A). ‘‘(2) NEW EQUIPMENT MUST MEET STAND- f amended— (1) by striking subparagraphs (A) through (K) ARDS.—For equipment for which applicable vol- UNITED STATES FIRE ADMINIS- of paragraph (1) and inserting the following: untary consensus standards have been estab- TRATION REAUTHORIZATION ACT ‘‘(A) $63,200,000 for fiscal year 2004, of which lished, the Administrator shall, by regulation, OF 2003 $2,200,000 shall be used to carry out section 8(e); require that equipment or systems purchased ‘‘(B) $65,096,000 for fiscal year 2005, of which through the assistance program established by Mr. FRIST. Mr. President, I ask $2,266,000 shall be used to carry out section 8(e); section 33 meet or exceed applicable voluntary unanimous consent that the Senate ‘‘(C) $67,049,000 for fiscal year 2006, of which consensus standards.’’. proceed to the immediate consider- $2,334,000 shall be used to carry out section 8(e); SEC. 203. COORDINATION OF RESPONSE TO NA- ation of Calendar No. 250, S. 1152. ‘‘(D) $69,060,000 for fiscal year 2007, of which TIONAL EMERGENCY. The PRESIDING OFFICER. The $2,404,000 shall be used to carry out section 8(e); (a) IN GENERAL.—Section 10 of the Federal clerk will report the bill by title. and Fire Prevention and Control Act of 1974 (15 The legislative clerk read as follows: ‘‘(E) $71,132,000 for fiscal year 2008, of which U.S.C. 2209) is amended— $2,476,000 shall be used to carry out section (1) by redesignating subsection (b) as sub- A bill (S. 1152) to reauthorize the United 8(e).’’; and section (c); and States Fire Administration, and for other (2) by adding at the end the following: (2) by inserting after subsection (a) the fol- purposes. ‘‘(3) Of the funds authorized by paragraph (1) lowing: There being no objection, the Senate for fiscal years 2004 through 2006, $3,000,000 an- ‘‘(b) MUTUAL AID SYSTEMS.— proceeded to consider the bill which nually shall be made available for grants for fire ‘‘(1) IN GENERAL.—The Administrator, after has been reported from the Committee fighting equipment necessary to fight fires using consultation with the Under Secretary for Emer- foam in remote areas without access to water.’’ gency Preparedness and Response, shall provide on Commerce, Science, and Transpor- technical assistance and training to State and tation, with amendments, as follows: TITLE II—FIREFIGHTING RESEARCH AND COORDINATION local fire service officials to establish nationwide [Strike the part shown in black and State mutual aid systems for dealing with brackets and insert the part shown in SECTION 201. SHORT TITLE. national emergencies that— italic.] This title may be cited as the ‘‘Firefighting ‘‘(A) include threat assessment and equipment Research and Coordination Act’’. S. 1152 deployment strategies; SEC. 202. NEW FIREFIGHTING TECHNOLOGY. ‘‘(B) include means of collecting asset and re- Be it enacted by the Senate and House of Rep- IN GENERAL.—Section 8 of the Federal Fire source information to provide accurate and resentatives of the United States of America in Prevention and Control Act of 1974 (15 U.S.C. timely data for regional deployment; and Congress assembled, 2207) is amended— ‘‘(C) are consistent with the Federal Response øSECTION 1. SHORT TITLE. (1) by striking ‘‘and’’ after the semicolon in Plan. øThis Act may be cited as the ‘‘United paragraph (9) of subsection (a); ‘‘(2) MODEL MUTUAL AID PLANS.—The Admin- States Fire Administration Reauthorization (2) by striking ‘‘section.’’ in paragraph (9) of istrator, in consultation with the Under Sec- Act of 2003’’. subsection (a) and inserting ‘‘section;’’; retary for Emergency Preparedness and Re- øSEC. 2. RE-ESTABLISHMENT OF POSITION OF (3) by adding at the end of subsection (a) the sponse, shall develop and make available to UNITED STATES FIRE ADMINIS- following: State and local fire service officials model mu- TRATOR. ‘‘(9) methods of containing insect infested for- tual aid plans for both intrastate and interstate øSection 1513 of the Homeland Security est fires and limiting disbursal of resultant fine assistance.’’. Act of 2002 does not apply to the position or particle smoke; and (b) REPORT ON STRATEGIC NEEDS.—Within 90 office of Administrator of the United States ‘‘(10) methods of measuring and tracking the days after the date of enactment of this Act, the Fire Administration, who shall continue to disbursal of fine particle smoke resulting from Administrator of the United States Fire Admin- be appointed and compensated as provided by fires of insect infested fuel.’’; istration shall report to the Senate Committee on section 5(b) of the Federal Fire Prevention (4) by redesignating subsection (e) as sub- Commerce, Science, and Transportation and the and Control Act of 1974 (15 U.S.C. 2204(b)) section (f); and House of Representatives Committee on Science after the functions vested by law in the Fed- (5) by inserting after subsection (d) the fol- on the need for a strategy concerning deploy- eral Emergency Management Agency have lowing: ment of volunteers and emergency response per- been transferred to the Directorate of Emer- ‘‘(e) DEVELOPMENT OF NEW TECHNOLOGY.— sonnel (as defined in section 6 of the Fire- gency Preparedness and Response in accord- ‘‘(1) IN GENERAL.—In addition to, or as part fighters’ Safety Study Act (15 U.S.C. 2223e), in- ance with section 503 of the Homeland Secu- of, the program conducted under subsection (a), cluding a national credentialing system, in the rity Act of 2002. the Administrator, in consultation with the Na- event of a national emergency.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 6333 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15308 CONGRESSIONAL RECORD — SENATE November 20, 2003 (c) UPDATE OF FEDERAL RESPONSE PLAN.— our fire services. As we face a war Fire Administrator to work with other Within 180 days after the date of enactment of against terrorism, we must remember Federal agencies and interested parties this Act, the Under Secretary of Emergency Pre- that firefighters are among the first to to support the development of vol- paredness and Response shall— respond to any domestic terrorist untary consensus standards for new (1) revise the Federal Response Plan to incor- event. In addition, today’s firefighters porate plans for responding to terrorist attacks, firefighting technology. Fire depart- particularly in urban areas, including fire de- must be prepared to deal with a host of ments would use these standards when tection and suppression and related emergency other hazards caused by urban and wild buying equipment through the federal services; and land fires, natural disasters, hazardous Assistance to Firefighters Grant Pro- (2) transmit a report to the Senate Committee materials spills, and other accidents. gram. In the rare case where a stand- on Commerce, Science, and Transportation and This legislation is designed to ensure ard is out of date, the U.S. Fire Admin- the House of Representatives Committee on that our Nation’s first-responders are istrator would be allowed to grant a Science describing the action taken to comply adequately prepared and trained to waiver. with paragraph (1). take action against these myriad The legislation also would address SEC. 204. TRAINING. threats. many of the coordination challenges (a) IN GENERAL.—Section 8(d)(1) of the Fed- This legislation will reauthorize that firefighters face during national eral Fire Prevention and Control Act of 1974 (15 funding for the U.S. Fire Administra- U.S.C. 2206(d)(1)) is amended— emergencies. It would direct the U.S. tion, USFA, for fiscal year 2005 through Fire Administrator to provide assist- (1) by striking ‘‘and’’ after the semicolon in fiscal year 2008. The USFA’s important subparagraph (E); ance to State and local fire services in (2) by redesignating subparagraph (F) as sub- mission is to reduce the loss of life and developing mutual aid plans, and re- paragraph (N); and property due to fire and related emer- port on a strategy for deployment of (3) by inserting after subparagraph (E) the gencies. The agency utilizes a number volunteers and other emergency re- of tools to fulfill its mission. The Na- following: sponse personnel. ‘‘(F) strategies for building collapse rescue; tional Fire Academy, NFA, is the pre- Additionally, the legislation would ‘‘(G) the use of technology in response to fires, miere training academy of the fire authorize the National Fire Academy including terrorist incidents and other national services, and has trained over 1.4 mil- to train firefighters on technologies emergencies; lion firefighters and other first-re- and strategies to respond to future ter- ‘‘(H) response, tactics, and strategies for deal- sponders in emergency management, rorist attacks. It also would authorize ing with terrorist-caused national catastrophes; fire prevention, and anti-terrorism. In ‘‘(I) use of and familiarity with the Federal the U.S. Fire Administrator to work addition, the USFA engages in re- Response Plan; with other federal agencies to coordi- search, testing, and evaluation activi- ‘‘(J) leadership and strategic skills, including nate training programs to prevent du- ties with public and private entities to integrated management systems operations and plication. promote and improve fire and life safe- integrated response; The bill also would authorize the ‘‘(K) applying new technology and developing ty. strategies and tactics for fighting forest fires; This legislation also would reestab- U.S. Fire Administrator to work with ‘‘(L) integrating terrorism response agencies lish the position of U.S. Fire Adminis- the Department of Agriculture and De- into the national terrorism incident response trator at USFA. The U.S. Fire Admin- partment of the Interior to provide as- system; istrator plays a critical role in our Na- sistance in fire prevention and control ‘‘(M) response tactics and strategies for fight- tion’s fire control policy and homeland technologies, including methods of ing fires at United States ports, including fires containing insect-infested forest fires on the water and aboard vessels; and’’. security initiatives by serving as the point-of-contact for the fire services. as well as measuring, tracking, and (b) CONSULTATION ON FIRE ACADEMY CLASS- limiting the dispersal of the resulting ES.—The Superintendent of the National Fire This position was eliminated in last Academy may consult with other Federal, State, year’s legislation that established the smoke. In addition, the legislation and local agency officials in developing cur- Department of Homeland Security. On would expand the Board of Directors of ricula for classes offered by the Academy. April 30, 2003, the Senate Committee on the National Fallen Firefighters Foun- (c) COORDINATION WITH OTHER PROGRAMS TO Commerce, Science, and Transpor- dation from nine members to 12. And, AVOID DUPLICATION.—The Administrator of the tation heard testimony from many of it would allow local fire departments United States Fire Administration shall coordi- to purchase equipment for fighting nate training provided under section 8(d)(1) of the major fire service organizations re- garding the importance of the U.S. Fire fires with foam in remote areas with- the Federal Fire Prevention and Control Act of out access to water under the Assist- 1974 (15 U.S.C. 2206(d)(1)) with the Attorney Administrator, and the need for the ad- General, the Secretary of Health and Human ministrator to serve as a representa- ance to Firefighters Grant Program. Services, and the heads of other Federal agen- tive of the fire services within the new This legislation is supported by the cies— Department of Homeland Security. National Volunteer Fire Council; the (1) to ensure that such training does not du- The legislation would address a Congressional Fire Services Institute; plicate existing courses available to fire service major issue that fire departments face the National Fire Protection Associa- personnel; and in equipping themselves. Today’s fire- tion; the International Association of (2) to establish a mechanism for eliminating fighters use a variety of technologies Fire Chiefs; the International Associa- duplicative training programs. including thermal imaging equipment; tion of Fire Fighters; the International Mr. MCCAIN. Mr. President, I am devices for locating firefighters and Association of Arson Investigators; pleased the Senate will now consider S. victims; and state-of-art protective International Society of Fire Service 1152, the United States Fire Adminis- suits to fight fires, clean up chemical Instructors; North American Fire tration Act of 2003. I am pleased to and hazardous waste spills, and con- Training Directors and the Inter- offer a substitute amendment which in- tend with potential terrorist devices. national Fire Service Training Asso- cludes the provisions of S. 321, the Unfortunately, there are no uniform ciation. Firefighting Research and Coordina- technical standards for new equipment I urge my colleagues to support swift tion Act. used in combating fires. Without such passage of this important legislation. I thank Senators HOLLINGS, BROWN- standards, local fire companies may I ask unanimous consent to print the BACK, BREAUX, BIDEN, DEWINE, CANT- purchase equipment that is faulty or letter of endorsement in the RECORD. WELL, LINDSEY GRAHAM, CARPER, and that does not satisfy their needs. A There being no objection, the mate- SNOWE for their support of these two January 2003, Consumer Reports article rial was ordered to be printed in the bills. I also thank Representative CAMP reported that much of the emergency RECORD, as follows: for his leadership in the House on the equipment sold today is not tested or NOVEMBER 6, 2003. companion bill to S. 321. In addition, I certified by the government or inde- Hon. JOHN MCCAIN, thank Chairman BOEHLERT and rank- pendent labs. The article states that Chairman, Senate Committee, Science and ing member HALL of the House Science ‘‘the confusion will get worse, emer- Transportation Committee, Dirksen Senate Office Building, Washington, DC. Committee, and Chairman NICK SMITH gency departments say, as new equip- DEAR SENATOR MCCAIN: We are writing in of the Research Subcommittee for ment floods the market in response to strong support of S. 1151/H.R. 2692, the their work on this legislation. increased government funding.’’ United States Fire Administration Reau- The purpose of this legislation is to The legislation would help to resolve thorization Act of 2003. Through a coopera- address many of the pressing needs of this problem by authorizing the U.S. tive effort between both the leaders of the

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15309 authorizing committees and our organiza- vastly changed environment. In that which has 5,300 miles of coastline and a tions, this legislation charts a course for the time, the term ‘‘first responder’’ has long and proud maritime tradition. I United States Fire Administration to pre- entered the lexicon and is now a part of am particularly pleased that this meas- pare our nation’s fire service for the many our national consciousness. Americans ure amends the FIRE grant process to challenges it faces in a post 9–11 world. Of particular importance to the fire service have always understood and were as- include maritime firefighting so that is the reinstatement of the United States sured that in the event of an emer- those responsible for the protection of Fire Administrator position as a Senate-con- gency, units of the U.S. Fire Service our ports and vessels at sea have the firmed position. As you are aware, the Home- would respond, render aid to the suf- opportunity to acquire the tools and land Security Act of 2002 (Public Law 107– fering, and protect our property and re- equipment they need to accomplish 296) inadvertently eliminated the position of sources. However, we had gotten to the that mission. U.S. Fire Administrator. The Fire Adminis- point that we were taking the Fire Beyond simply directing the FIRE trator is the lead advocate for the fire serv- Service for granted. Act program, the bill also authorizes ice within a presidential administration. In a All of that changed, as did many display of nonpartisanship, the nation’s fire the U.S. Fire Administrator, in con- things in America, on September 11, sultation with the National Institute service, several members of Congress, and 2001. On that day, we watched in horror Secretary Tom Ridge agreed that the posi- of Standards and Technology, the tion needed to be reinstated. as those tragic events unfolded in New Inter-Agency Board for Equipment Like you, we have taken a keen interest in York, Pennsylvania and at the Pen- Standardization and Interoperability, the development of new technologies for first tagon, and we saw over and over the the Directorate of the Science and responders. While the emergence of new bravery and sacrifice of those proud Technology at the Department of technologies will certainly benefit the readi- men and women of the United States Homeland Security, national voluntary ness of local first responders, attention must Fire Service as they worked tirelessly consensus standards development orga- be given to its performance capabilities. Oth- and without regard for their personal erwise we could jeopardize the safety of our nizations and other interested parties, safety to help their fellow Americans. to develop the measurement tech- first responders. For this reason, we support On that day, all of America once again the Firefighter Research and Coordination niques and testing methodologies to as- became aware of those who live in our Act (S. 321/H.R. 545) as an amendment to the sess new firefighting technologies. reauthorization measure. Many new tech- midst—our neighbors, our friends, and Such standards would support the de- nologies have the potential to improve the our relatives—who daily stand on the velopment of voluntary consensus capabilities of our first responders; however front lines to protect us from harm. standards for evaluating the perform- we must ensure that these technologies serve Since that time we embarked on an ance and compatibility of new fire- their intended purpose and protect our fire- immense reorganization of the Govern- fighting technology, including thermal fighters and emergency medical personnel ment as we stood up the Department of imaging equipment; early warning fire through the requirement that equipment Homeland Security. There were many detection devices; personal protection purchased with the FIRE Grant program views about the relative pros and cons must meet voluntary consensus standards. of such a Department and which Fed- equipment for firefighting; victim de- We also support the other sections of the tection equipment; and devices to lo- legislation calling for coordination of re- eral agencies should be included in the Department and which were better left cate firefighters in buildings. sponse to national emergencies and for in- The U.S. Fire Administration Reau- outside. This proposal will reauthorize creased training. These are critical to the ef- thorization Act also ensures that fective deployment and safety of first re- just one agency within that organiza- equipment purchased under the FIRE sponders at major incidents. tion, the United States Fire Adminis- grant program will be required to meet Lastly, there is one issue not included in tration. Most importantly, it will rees- your legislation that we encourage both the tablish the U.S. Fire Administrator po- or exceed those applicable voluntary Congress and the U.S. Fire Administration sition as a separate entity appointed consensus standards unless waived by to help us advance: the installation of auto- the Fire Administrator in accordance matic fire sprinklers in both homes and the by the President and ensure that it is not subsumed as the Director of the with very specific guidelines. workplace. We can significantly reduce the Furthermore, under this legislation, Preparedness Division within the De- number of deaths caused by fire by providing the Fire Administrator is tasked with incentives and encouragement to the public partment of Homeland Security. to stall automatic sprinkler systems in their In testimony earlier this year before acting as a resource for State and local homes and businesses. Until the 108th session the Commerce Committee, we heard governments in developing mutual aid adjourns, we will continue to call on Con- from representatives from the Inter- plans, updating the Federal Response gress to support the Fire Sprinkler Incen- national Association of Fire Chiefs, the Plan, and reporting on the need for a tives Act, sponsored by Congressman Curt National Fire Protection Association strategy for deploying volunteers, in- Weldon and Senator Jon Corzine and any and the National Volunteer Fire Coun- cluding a national credentialing sys- other measures that promote the use of tem. New training programs at the Na- sprinklers. cil who were united in their call to re- We look forward to working with you in establish the position of United States tional Fire Academy to improve tac- advancing this legislation through Congress Fire Administrator because of the im- tics for using new firefighting tech- quickly. Again, we thank you for your con- portance of having an independent nology and responding to terrorist at- tinued support. voice within the administration. As tacks will be authorized under this Sincerely, one example, they cited the need to measure. Congressional Fire Service Institute, have the Fire Administrator oversee I want to stress that the report on International Association of Arson In- our strategic needs for the deployment vestigators, International Association the Firefighter Investment and Re- sponse Enhancement, FIRE, Act grants of volunteers and emergency response of Fire Chiefs, International Associa- personnel would be required within 90 tion of Fire Fighters, International program to ensure funds were properly Fire Service Training Association, focused on the entirety of the fire serv- days of enactment and a report describ- International Society of Fire Service ice mission and not expended on strict- ing plans to revise the Federal Re- Instructors, National Fire Protection ly counterterrorism efforts. sponse Plan to address responses to Association, National Volunteer Fire I have always believed the FIRE terrorism attacks would be due 180 Council, North American Fire Training grant program was one of the most suc- days after enactment. These times are Directors. cessful competitive grant programs run critical because it is imperative we Ms. SNOWE. Mr. President, I rise by the Federal Government. In fiscal complete the planning our national re- today in support of S. 1152, the U.S. year 2002, my home State of Maine re- sponse so the Fire Service can more ef- Fire Administration Reauthorization ceived a little over $4.3 million in fectively protect our fellow citizens. Act of 2003 that reestablishes the posi- grants, most of which went to the Successful implementation of those tion of U.S. Fire Administrator and in- smallest communities in the State. In plans require that our firefighters un- corporates the provisions of S. 321, the fact, the largest single recipient was dergo comprehensive training to under- Firefighting and Research Coordina- the smaller South Berwick Fire De- stand and use the Federal Response tion Act which I cosponsored. partment, not the larger Portland or Plan, to use new technologies and to As we prepare to reauthorize the U.S. Bangor departments. develop the strategies and tactics to Fire Administration for the first time I have the honor and privilege of rep- fight fires wherever they occur—in since fiscal year 2000, we do so in a resenting the Great State of Maine buildings, in forests or on the water.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15310 CONGRESSIONAL RECORD — SENATE November 20, 2003 This legislation also encourages the S. 1561 date, the time for the two leaders be Superintendent of the National Fire Be it enacted by the Senate and House of Rep- reserved for their use later in the day, Academy to coordinate with Federal, resentatives of the United States of America in and the Senate then resume consider- State and local agencies to develop the Congress assembled, ation of the conference report to ac- curricula to accomplish that training SECTION 1. COMPOSITION OF SUPERIOR COURT. company H.R. 6, the Energy Policy and ensure that it is available in all ge- Section 903 of title 11 of the District of Co- Act, and that there then be 60 minutes ographic regions to both career and lumbia Code is amended by striking ‘‘fifty- equally divided between the chairman volunteer firefighters. eight’’ and inserting ‘‘61’’. and ranking member of the Energy and In conclusion, I would just say that f Natural Resources Committee; pro- this reauthorization of the Fire Admin- FAIRNESS TO CONTACT LENS vided that the final 10 minutes be di- istration is vital to those who risk CONSUMERS ACT vided between Senator BINGAMAN or his their own lives every day in this nation designee in control of the first 5 min- Mr. FRIST. I ask unanimous consent to protect our citizens and our re- utes, and the chairman or his designee the Senate proceed to consideration of sources. It provides them with the in control of the final 5 minutes on the H.R. 3140, which is at the desk. leadership, the tools, the planning and motion to invoke cloture on the con- The PRESIDING OFFICER. The the training they need to effectively ference report. clerk will report the bill by title. accomplish that mission and I urge my Mr. REID. Reserving the right to ob- The legislative clerk read as follows: colleagues to support passage of this ject, I appreciate the majority leader measure. A bill (H.R. 3140) to provide for availability allowing the full 60 minutes after the of contact lens prescriptions to patients, and Mr. FRIST. Mr. President, I ask for other purposes. prayer and pledge. unanimous consent that the McCain I ask, so there is no confusion on this substitute at the desk be agreed to, the There being no objection, the Senate side—this has been cleared with Sen- proceeded to consider the bill. committee substitute, as amended, be ator BINGAMAN—the time on our side be Mr. FRIST. I ask unanimous consent agreed to, the bill, as amended, be read allotted as follows: Senator LIEBER- the bill be read the third time and a third time and passed, the motion to MAN, 4 minutes; Senator MCCAIN, 4 passed, the motion to reconsider be reconsider be laid upon the table, and minutes; Senator CANTWELL, 3 minutes; laid upon the table, and any state- that any statements relating to the Senator SCHUMER, 4 minutes; Senator ments related to the bill be printed in bill be printed in the RECORD. JEFFORDS, 4 minutes; Senator COLLINS, The PRESIDING OFFICER. Without the RECORD. 4 minutes; and the final 5 minutes, as objection, it is so ordered. The PRESIDING OFFICER. Without pursuant to the intended order be Sen- objection, it is so ordered. The amendment (No. 2207) was agreed ator BINGAMAN. to, as follows: The bill (H.R. 3140) was considered The PRESIDING OFFICER. Without read the third time and passed. (Purpose: To provide a complete substitute objection, it is so ordered. for the language reported by the Com- f f mittee on Commerce, Science, and Trans- MAKING FURTHER CONTINUING portation) PROGRAM APPROPRIATIONS FOR FISCAL Strike all after the enacting clause and in- YEAR 2004 Mr. FRIST. Tomorrow morning there sert the following: will be 1 hour of debate prior to a clo- TITLE I—UNITED STATES FIRE Mr. FRIST. I ask unanimous consent ture vote on the energy conference re- ADMINISTRATION REAUTHORIZATION the Senate proceed to the consider- port. I hope the Senate will be able to SEC. 101. SHORT TITLE. ation of H.J. Res. 78, which is at the invoke cloture on this long overdue This title may be cited as the ‘‘United desk. issue. It is important that the Senate States Fire Administration Reauthorization The PRESIDING OFFICER. The invoke cloture to allow the Senate to Act of 2003’’. clerk will report the resolution by have an up-or-down vote on the bill The committee amendment in the title. that will strengthen the Nation’s en- nature of a substitute, as amended, was The legislative clerk read as follows: ergy security by establishing a na- agreed to. A joint resolution (H.J. Res. 78) making tional energy policy. The bill (S. 1152), as amended, was further continuing appropriations for the fis- I would also announce that the con- passed. cal year 2004, and for other purposes. ference committee on the Medicare re- f There being no objection, the Senate form legislation has finished its work. proceeded to consider the resolution. That conference report will be filed in PRESERVATION OF EXISTING Mr. FRIST. I ask the amendment at the House. We hope to consider and JUDGESHIPS ON THE SUPERIOR the desk be agreed to, the joint resolu- complete that measure just as soon as COURT OF THE DISTRICT OF CO- tion, as amended, be read the third possible. LUMBIA time and passed, the motion to recon- In addition, we have the Appropria- Mr. FRIST. Mr. President, I ask sider be laid upon the table, and any tions Committee which is completing unanimous consent the Senate proceed statements relating to the joint resolu- its work on the appropriations process. to the immediate consideration of Cal- tion be printed in the RECORD. And we will shortly consider that con- endar No. 399, S. 1561. The PRESIDING OFFICER. Without ference report as well. The PRESIDING OFFICER. Without objection, it is so ordered. Having said that, we will have roll- objection, it is so ordered. The amendment (No. 2208) was agreed call votes tomorrow. A number of peo- The clerk will report the bill by title. to, as follows: ple have asked about the weekend The legislative clerk read as follows: On page 2, line 7, strike ‘‘23’’ and insert schedule, and we have been very clear A bill (S. 1561) to preserve existing judge- ‘‘24’’. over the last week and a half that we ships on the Superior Court of the District of The joint resolution (H.J. Res. 78), as will be in session this weekend. But the Columbia. amended, was considered read the third specifics of the weekend schedule, There being no objection, the Senate time and passed. hopefully, we will be able to announce proceeded to consider the bill. f sometime midday tomorrow. Mr. FRIST. I ask unanimous consent f that the bill be read the third time and ORDERS FOR FRIDAY, NOVEMBER passed, the motion to reconsider be 21, 2003 ORDER FOR ADJOURNMENT laid upon the table, and any state- Mr. FRIST. I ask unanimous consent Mr. FRIST. Mr. President, if there is ments related to the bill be printed in when the Senate completes its business no further business to come before the the RECORD. today, it adjourn until 9:30 a.m. Friday, Senate, I ask unanimous consent that The PRESIDING OFFICER. Without November 21. I further ask that fol- the Senate stand in adjournment under objection, it is so ordered. lowing the prayer and pledge, the the previous order, following the re- The bill (S. 1561) was read the third morning hour be deemed expired, the marks of Senator GRASSLEY and Sen- time and passed, as follows: Journal of proceedings be approved to ator DODD.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15311 The PRESIDING OFFICER. Without portant it is to enhance our energy If it is ‘‘perfection’’ you are insisting objection, it is so ordered. independence. We can no longer afford upon, then you are in the wrong busi- The Senator from Iowa. to allow our dangerous reliance on for- ness. Legislating is neither a perfect f eign sources of oil to continue. process nor does it produce perfect But somehow we can wait; and we do products. ENERGY POLICY ACT OF 2003 wait. We should not wait, but we seem The Energy Security Act of 1992—the Mr. GRASSLEY. Mr. President, I am to wait in a way that causes that wait last one that Congress passed—was not going to discuss the legislation before to make ‘‘too good of an impact.’’ It perfect. That quickly became clear. the Senate, the Energy bill. In order to has been over 10 years since we passed In 1995, after extensive interagency secure our country’s economic and na- energy legislation in this body. But if review and analysis, under provisions tional security, we need to have a bal- we wait until we get that perfect piece of section 232 of the Trade Expansion anced energy plan that protects the en- of legislation, we may be waiting for- Act of 1962, the Clinton administration vironment, supports the needs of our ever. And by waiting forever, we will concluded that oil imports threatened growing economy, and reduces our de- suffer the consequences of less supply our national security. pendence on foreign sources of energy. and higher prices. Such a finding, under this law, gave Balance has been my guiding light as I do not know about folks in all parts him the authority to impose quotas I worked legislation through the Fi- of the country, but I know I was and import fees on oil. But he chose to nance Committee, which I chair, for brought up in the State of Iowa just to do nothing because he believed that tax incentives for energy. I wanted to have dependence upon our sources of import adjustments would be too make sure we had a very balanced energy. When you go to the gas pump, harmful to the economy. piece of legislation. By balanced, I you put the hose in your car, you move Within 3 years of passing what was mean balanced between fossil fuels, the lever, you expect to get gasoline. called an Energy Security Act, the fact conservation, and renewable fuels. When you flip the light switch, you ex- is, our national security only wors- We do have in the finance provisions pect the lights to come on. ened. When national security is not in of this Energy bill very balanced provi- In order for that to happen, and for good shape, it is probably because our sions for fossil fuels, for near-term en- the price to be stable, just a small per- economic security has worsened. ergy needs, but we also legislate for the centage at the margins of supply is So what do we do? Do we do nothing? future as we have emphasis upon re- necessary in order for us to have that Do we wait for a perfect piece of legis- newable fuels, wind energy, biomass, stability and that certainty. lation? Do we wait for market forces to biodiesel, ethanol, and things of that Some people in this country believe save us? We heard earlier today criti- nature. We have tax incentives for that one way to change American life- cism of this Energy bill because it that. style is to force down the supply of en- fails, in so many words, to allow the Then we also have tax incentives for ergy. I happen to believe that Ameri- free market to work its magic. The bill conservation. It is my belief that a cans ought to have a massive amount is not perfect, it has been argued, be- well-balanced piece of energy legisla- of choice; that we do not need a bunch cause it favors one energy source over tion, with tax incentives for fossil of bureaucrats or interest groups in another. You can go on and on and on. fuels, for renewable fuels, and for con- Washington dictating to us that some- I would like to talk about that favor- servation, is not only good for such how, through an energy policy, by cut- itism, and I would like to talk about policy, but I have come to the conclu- ting back on the amounts of energy, the marketplace. sion that is the sort of legislation we they are going to bring about their During the debate on the 1992 Energy have to have to get the bipartisanship ‘‘perfect’’ society. Security Act, the chairman of the En- it takes to get a bill through the Sen- This bill is obviously not perfect. ergy Committee at that time, former ate. And to those who complain about var- Senator Bennett Johnston of Lou- Now, the other body, in writing simi- ious provisions, I just remind them, if isiana, stated that each barrel of im- lar legislation out of their finance they drafted a ‘‘perfect’’ bill—and there ported oil was subsidized by the tax- committee—over there it is called the probably would never be one—it would payers to the tune of $200 per barrel. Ways and Means Committee—it seemed not pass the House or the Senate. That is outrageous. Anybody listening to me it was very tilted toward fossil Some say the process has not been to that says I had to misquote some- fuels. It was my job, representing the perfect. But if the process had been thing. Senate, to make sure from the con- perfect for some, it would not have But again, let me explain from this ference with the House of Representa- been perfect in the view of others. And leading Senate expert on energy, as tives we came out with a balance. I that is fairly common in any legis- Senator Johnston was, he is telling us think we did come out with that bal- lating process. that imported oil is subsidized $200 for ance. While we are talking about process, I each and every barrel. Is that favor- I commend that balance to this body, would like to clarify the role the Sen- itism, when we subsidize imported oil to think about that as you vote on clo- ate Finance Committee, which I chair, at $200 a barrel? Are we picking win- ture tomorrow. Give us an opportunity played in this bill. We have heard a lot ners and losers? What does that tell us to vote this bill up or down, and con- about Republicans shutting Democrats about the so-called free market sys- sider that my committee, in bringing out of the conference process. Well, tem? How can our domestic energy pro- this balance—for conservation, for re- that is not the way I operate as chair- ducers compete with that? It makes a newable fuels, and for fossil fuels— man. That is not the way my Democrat mockery of the argument that we must tried to do what we could to get a ma- counterpart, Senator BAUCUS, operated sit idly by and let the marketplace jority vote in this body. when he was chairman of this com- control our energy policy. Now, of course, we need a super- mittee when the Democrats were in the How absurd can we be? On one hand, majority vote, and that supermajority majority in the last Congress. we subsidize imported oil, and we do vote is to stop a Democrat filibuster With respect to the tax provisions of that through the military expense it against this bill. In a time like this, the bill, the process was open. Senator takes to protect the trail of oil from when the energy needs of our country BAUCUS attended conference committee the Middle East to our shore or what are so great, and we are in a crisis situ- meetings. Finance Committee Demo- we are doing in the Middle East now to ation, we should not tolerate a fili- cratic staff worked side by side with preserve peace over there, cutting buster against this bill. my Republican staff in the conference down on terrorism as part of that. But Every man, woman, and child in the negotiations. on the one hand we subsidize imported United States is a stakeholder when it I might add, they were a key asset oil, and then we wonder why we be- comes to developing a responsible, bal- for us in the protracted negotiations come dangerously dependent upon that anced, stable, and long-term energy with the House Ways and Means Com- foreign oil. The Government, through a policy. mittee. Conferee staff on both sides of massive interagency review, declares The events of September 11 have the aisle was informed as the process that our national security is at risk be- made very clear to Americans how im- moved forward. cause of imported oil but then declines

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I believe the get this legislation passed. clear that those incentives will be Congress has finally gotten to the The marketplace won’t save us be- treated like all other energy incen- point of addressing an issue with such cause we stacked the deck in favor of tives: The revenue will be made up to a direct impact on our national eco- foreign oil. Again, I ask: What do we do the highway fund from the general nomic security. For the sake of our in response to this imperfect world in fund. children and grandchildren, we must which we find ourselves? Pass a bill We didn’t get all of the Senate re- implement conservation efforts, invest that picks winners and losers? The an- form in this conference agreement. A in alternative and renewable energy, swer is a definite yes. The winners we gesture to the House was that we would and improve the development and pro- pick in this bill are all Americans, all defer repealing the partial tax exemp- duction of domestic oil and natural gas of whom have a stake in reducing our tion these fuels get until the next high- resources. We must do it now. That is dependence upon foreign sources of oil. way bill, which is early next year. The what this legislation does. We do this by favoring domestic pro- same is true with respect to the trans- Before we get to an up-or-down vote ducers over foreign producers. That is fer of the 2.5 cents fuel tax that eth- on this legislation, we have to face the true of oil and natural gas, but it is anol-blended fuels do pay. That high- issue of a Democrat filibuster against also true of our supply of renewable way bill will be before us early next this legislation, and that filibuster is fuels. year. The current highway trust fund going to keep us from voting, if we It is well past time that we get seri- spending authority runs out on Feb- don’t get 60 votes tomorrow. We have ous about implementing energy effi- ruary 29 next. So we have to get it to have those Senators of both parties ciency and conservation efforts, invest- passed early. that represent primarily the grain- ing in alternative renewable fuels, and My friend Senator BAUCUS has made growing regions of the country, from improving domestic production of tra- this highway trust fund reform a pri- Ohio west to Nebraska, and from Ar- ditional resources. I support a com- ority of his. Together, he and I will en- kansas north to the Canadian border, prehensive energy policy consisting of sure that the highway trust fund is stick together tomorrow on what we conservation efforts on the one hand, made whole for the gap between now call the cloture vote, to get 60 votes. the development of renewable and al- and February 29. I have the assurance We are going to lose six Republicans ternative energy sources on the other of the leadership of both bodies that from the Northeast. We have to pick up hand, and on the third hand, domestic our deferral will not prejudice the about 15 Democrats to get this job production of traditional sources of en- highway community. done. I expect that we can, because As chairman of the Senate Finance ergy. most of the bulwark of support of the Committee, I worked closely with As my colleagues well know, I have last 20 years for renewable fuels— ranking member Senator BAUCUS to de- long been a supporter of alternative velop a tax title that strikes a good meaning ethanol, biodiesel but also in- and renewable sources of energy as a balance between conventional energy cluding wind energy, geothermal, way of protecting our environment, in- sources, alternative and renewable en- things such as that—have come from creasing our energy independence. ergy, and conservation. Among other people within the Democrat Party, but That started with my work with things, it includes provisions for the particularly from what I call the upper former Senator Robert Dole on legisla- development of renewable sources of Midwest of the United States, the tion for tax incentives for ethanol. It energy such as wind and biomass, in- grain-producing regions of the country. was my own work in 1992, developing centives for energy-efficient appliances If we all stick together, I think we can the wind energy tax credit, that has in- in homes, and incentives as well for the produce these votes. creased our production of electricity by production of nonconventional sources There is tremendous leadership from wind. My State of Iowa, for instance, is of traditional oil and gas. that part of the country. Senate Demo- third of the 50 States in the production This bill reflects the broad diversity cratic Leader TOM DASCHLE, from of wind energy, as an example. So obvi- of energy resources in the United South Dakota, has always been a lead- ously, you know I strongly support the States. There are new benefits for er in the production of renewable fuels, production of renewable domestic clean coal technology. Our colleagues and particularly ethanol. He can claim fuels. I particularly emphasize, in addi- from the Rocky Mountains and the a lot of credit for what we have done in tion to ethanol, biodiesel made from Ohio Valley produce and use this abun- that area over the past. I know he is soybeans. As domestic renewable dant source for the generation of elec- not supporting cloture, but I also sources of energy, ethanol and bio- tricity. know, as Democrat leader, he has an diesel can increase fuel supplies, reduce Burning coal for electricity can lead opportunity to use a lot of muscle in our dependence upon foreign oil, and to environmental problems. This bill his efforts as leader to produce the increase our national economic secu- goes a long way toward remedying the votes we need. rity. pollution problems associated with We cannot afford to lose votes on this For the first time we have a tax in- coal use. In the heartland, agriculture issue if we are going to get the job centive in this legislation for produc- is a key part of our economy. Agricul- done. I think there are a lot of other tion of virgin and recycled biodiesel. tural activities result in food that our people who ought to be concerned This is a new market for soybean farm- people in the cities eat. There is also about it. Senators on the other side of ers and yet another source of renew- waste that results from farming. New the aisle are concerned about conserva- able energy. The renewable fuels stand- technology has given us a twofer in the tion of energy, and rightly so. I pointed ard, supported by a broad coalition, is farm community. I am talking about out how I felt, that we need a balanced good for America’s farmers, obviously equipment and processes that convert bill between fossil fuel, renewables, and good for the environment, good for our animal waste to energy. This tech- conservation. consumers, good for creating jobs in nology needs a bit of a lift to get off There are a lot of conservation provi- our cities in the production of this fuel, the ground, so we have tax benefits to sions in the tax provisions of my legis- and good for our national security, as get these new technologies started. lation that ought to get support from we are less dependent upon foreign Now we have heard some big city the other side. There has been some sources of oil. folks and big city papers ridicule some talk, particularly from the other side, A key reform in this Senate bill deals of the tax benefits for this new tech- that some people have tried to twist with the treatment of ethanol-blended nology. I guess I would ask these folks the arms of our colleagues to be fuels for highway trust fund purposes. from the big cities just a couple ques- against cloture, which means to keep Tax incentives for ethanol are unique tions: Do you think it is wise to ad- the bill from coming to a final vote, ar- in terms of their treatment in the Tax dress these environmental problems? guing that we can refer this back to Code. Unlike incentives for other en- Do you think it is wise to ignore a new conference and get certain provisions ergy sources such as oil and gas, the source of energy? taken out. That is not going to work

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I wish to take a few There has been some talk, when it whelming way. minutes to outline those reasons. comes to the important provisions I Don’t tell me you are for ethanol, Tomorrow morning at 10:30 o’clock, have talked about and have been a part don’t tell me you are for biodiesel, there will be bipartisan opposition to of—I even complimented Senator don’t tell me you are for putting gen- invoking cloture. This is not a question DASCHLE for being a proponent of these eral fund money into the road fund to where, on many issues, Democrats and for a long period of time—what we call make up for lost revenue from eth- Republicans line up very neatly on one the renewable portions of it, or this anol—and this bill does that. side of the aisle or the other. There part of our legislation that makes up Don’t tell me those things if you are will be Democrats who will oppose clo- for the road fund. The money lost to not going to help us fight hard to get ture; there will be Democrats who will the road fund can be made up from the the 60 votes necessary to break the fili- support cloture; there will be Repub- general fund. That is all in this bill. buster. licans who oppose cloture; there will be We have tax incentives for ethanol I yield the floor. Republicans who support cloture. This until the year 2010. We have an eth- The PRESIDING OFFICER. The Sen- is a matter of people looking at legisla- anol-like tax incentive for biodiesel. ator from Connecticut. tion that evolved in the conference We have the renewable fuels standard, Mr. DODD. Mr. President, I know the committee. which mandates 5 billion gallons of hour is late, and I appreciate the indul- My respect for the Senator from New ethanol to be used every year, phased gence of the staff on the floor of the Mexico, Mr. PETE DOMENICI, as he in over a few years. That is 20 percent Senate. It has been a long day for them knows, is tremendous. I have great re- of our corn crop. Just think how that in the Senate to listen to a lot of gard for him. I admire his leadership in will benefit agriculture, cut down on speeches predominantly about the En- the Senate. I have enjoyed working taxpayers’ subsidies to farmers over ergy bill, although I gather there has with him on numerous occasions. He the long haul, and clean up the envi- been some discussion about the Medi- has been a very fine Senator for many ronment at the same time. care prescription drug bill as well. I years. I know he put a lot of work into But all of these provisions are in this apologize to those who have been this bill. If I were to vote on this meas- bill. It was not something that was around here a long time today to have ure exclusively on the basis of friend- easy for me to get through conference. to listen to yet one more Member of ship, I would be a strong supporter of If it had not been for the intervention this institution express his views on this bill because I happen to like PETE of the Vice President in offering a com- the matter we will be voting on tomor- DOMENICI a great deal. But I cannot, in promise that the House of Representa- row morning at around 10:30 a.m.—and all good conscience, vote for something tives did not want to accept, we would that is the Energy bill. that does such damage to my State, to not have such a perfect piece of legisla- I listened with great interest to my my region, to my country. tion for renewable fuels in this bill. good friend from Iowa, with whom I This legislation would have been bet- As I started to say, there has been have served now in the institutions of ter crafted at the end of the 19th cen- talk on the other side that somehow we the Senate and the House of Represent- tury and the beginning of the 20th cen- can get this all done in a conference on atives for about 30 years. We have been tury than the beginning of the 21st cen- transportation next year when the through a lot of battles, both together tury. This is a 20th century Energy highway bill comes up. Well, all you and on opposite sides. I always find his bill, not a 21st century Energy bill. It have to do is sit in conference with remarks compelling, interesting, and is important, with the few hours re- members of the Ways and Means Com- admire him immensely. He has been a maining between tonight and tomor- mittee and find out how they love fos- very effective Member of this body for row morning, to know what this bill sil fuels. God only made so much fossil a long time. I appreciate his work. may do to the country and the people fuel; it is a finite quantity. But on the He has been through a lot in the last of this country might express to their other side of this Capitol Building, the couple of years. He is chairman of the elected representatives their strong idea is there is no end to it. You don’t Finance Committee, and he has an feelings about what is in this bill. need to worry about renewable fuels. awful lot of matters with which to Like any other legislation in my 24 So they come to conference with deal. I appreciate his service. I regret years here, there are good pieces to heavy emphasis upon fossil fuels, not on the matter before us we have a dif- this. I am not going to stand here and wanting to give tax credits to bio- ferent point of view on the Energy bill. suggest everything in this bill is diesel, and to wind and ethanol, and I care deeply about the subject matter. wrong. It is not. The Senator from they don’t like the renewable fuels I know my colleague from Iowa does. Iowa has already mentioned the idea of standard mandate of 5 billion gallons. Certainly, he raises some very signifi- using some of our natural resources to Some people are being told it is just a cant issues as they pertain to renew- provide a renewable source of energy. simple process of getting this done able energy resources. Were this a bill As a Senator from Connecticut, I next February, so you can vote against about just that question, he would tried to be very sympathetic and sup- cloture and kill this bill. have my unyielding support. portive of those kinds of issues. If this If you knew how hard it is to nego- Unfortunately, there is more to this bill were exclusively about that, I tiate this, this is the last train to leave bill—it is more than 1,100 pages. My would not have any real difficulties town. If you want good provisions for Governor—a Republican Governor—of with it. But no Member ought to vote biodiesel, good provisions for ethanol, the State of Connecticut and most of for a bill such as this for the simple good tax incentives for conservation, the membership of the State legisla- reason that one provision of this bill is that is the wave of the future for en- ture have taken a different view be- good for their State. You must take ergy. But if this bill is filibustered to cause of the adverse impacts on my into consideration all the damage that death, don’t count on me bringing back State, just as it has positive impacts can be done to the very people of that ideal provisions on renewables. I can- on the State of Iowa and the grain-pro- State if we adopt the measures in- not guarantee that. Nobody else can ducing States. That is a major reason cluded in this bill. guarantee it. We don’t know what next many of our colleagues, both Demo- This is not, as I say, a 21st century January and February is going to be crats and Republicans, are opposed to energy policy. Let me quote the Or- like. the bill. lando Sentinel of November 18. This is When we have a bird in the hand, it They must understand, for those of not a Connecticut newspaper, it is a is worth two in the bush. I hope my us who come from other parts of the Florida newspaper. Listen to what they colleagues, particularly the Democrats country, we have to evaluate a bill say: who are filibustering this, and particu- such as this and take a look at what it Start Over: The Energy bill before Con- larly anybody from the grain-pro- does to our economy, our environment, gress is worse than what exists. ducing parts of the United States, our energy needs, as well as the health They continue:

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Two-thirds of the tax breaks would go to STATE OF CONNECTICUT, plex the project, the more time that may be the oil, natural-gas and coal industries, help- EXECUTIVE CHAMBERS, needed to review its complexities. In addi- ing to perpetuate the country’s dependence Hartford, CT, November 18, 2003. tion, the applicant may need an extension of on fossil fuels. Less than a quarter of the Hon. CHRISTOPHER J. DODD, time in which to compile additional informa- breaks would promote the use and develop- U.S. Senate, Russell Senate Office Building, tion for submittal to the siting authority or ment of renewable energy sources, and less Washington, DC. to negotiate with adverse parties. The exist- than a tenth would reward energy efficiency Hon. JOSEPH I. LIEBERMAN, ing language fails to take these reasons into or conservation. U.S. Senate, Hart Office Building, Washington, account. Tonight there are literally thousands DC. Finally, the proposed legislation provides GENTLEMEN: Yesterday, the House and Sen- immunity, retroactive to September 5, 2003, of young Americans who are stationed ate energy conferees approved of a multibil- to MTBE producers from defective product in a place called Iraq. I don’t believe lion dollar omnibus energy bill. The energy liability arising from groundwater contami- they are there exclusively, as some do, bill passed the House just moments ago and, nation by MTBE. It also provides $2 billion because of the oil issue, because of the as such, the Senate may hold a vote on the in transition assistance to producers, in dependency that this Nation and the bill as early as tomorrow. preparation for an MTBE ban effective in Western alliance has on the Middle While this office is presently engaged in re- 2014. It is precisely because of groundwater viewing the finer details of this legislation, a contamination caused by MTBE that Con- East for its energy supplies. I also couple of noteworthy items have already don’t think it is not a reason. It is cer- necticut has banned its use as a gasoline ad- come to light that are especially dis- ditive effective January 1, 2004. MTBE has tainly part of the reason. I know there concerting. been proven to be especially harmful; we are others who believe it is the whole First, this bill undermines the delicate bal- likely do not yet know how much damage it reason. I don’t subscribe to that. If I ance of federal and state rights. It gives un- has done and perhaps will do. It may be pre- did, I would never have supported the precedented authority and standards of re- mature at this time to provide such immu- authorization of use of force by the view exclusively to the federal appeals court nity. President to go into Iraq, for which I in the District of Columbia to review actions While improvements are clearly needed to required for the construction of a natural voted. I believe it is part of the reason. spur investment in energy-related projects gas pipeline. State environmental and siting to enhance reliability in the power grid, I I believe we are over there trying to laws would essentially be reduced to a proc- would urge you to reject this proposed legis- protect the economic and energy inter- ess of rubber stamping Federal Energy Regu- lation and return it to the House and Senate ests of the United States in part be- latory Commission (‘‘FERC’’) certificates of energy conferees for further deliberation. I cause of our dependency on that part of public convenience and necessity. In addi- would be happy to assist Congress in any the world. tion, any delay, however well founded it may way possible to further address these items Why at a moment such as this, when be, such as considering ways to protect the of particular concern. Thank you for your state’s natural resources, may be grounds for consideration. our country is at such risk, particu- an appeal and federal override of a state’s larly over its future economic policy, Sincerely, ruling. State courts would be stripped of ju- JOHN G. ROWLAND, would we pass an Energy bill such as risdiction over matters arising in the state Governor. this? Now more than ever, this bill that not only affect the state, but also relate Mr. DODD. I also ask unanimous con- ought to be doing everything in its to the interpretation of state statutes and sent that a letter from the attorney power to support energy resources that regulations. general of the State of Connecticut ex- are truly renewable, such as the Sen- Second, this proposed legislation would codify a Department of Energy Order that pressing other reasons to oppose this ator from Iowa suggested, balanced resulted in the operation of the Cross Sound legislation also be printed in the with other resources that have been Cable that runs from New Haven to RECORD. supported by other Members of this Brookhaven. You may recall that the Cross There being no objection, the mate- Chamber. And it certainly should do Sound Cable was not operational before the rial was ordered to be printed in the more on conservation and efficiency. August 14, 2003, blackout because the cable RECORD, as follows: As the Orlando Sentinel pointed out, failed to meet federal and state permitting as I mentioned a moment ago, less requirements concerning its depth. Section STATE OF CONNECTICUT, Hartford, CT, November 18, 2003. than a tenth of this bill would reward 1441 of the bill states that ‘‘Department of Energy Order No. 202–03–2, issued by the Sec- Hon. CHRISTOPHER J. DODD, energy efficiency or conservation—less retary of Energy on August 28, 2003, shall re- U.S. Senator, Russell Senate Office Bldg., than one-tenth of this bill. Here we are main in effect unless rescinded by Federal Washington, DC. in 2003, with all of the problems we face statute.’’ This sets a bad precedent. DEAR SENATOR DODD: Yesterday I wrote to in the Middle East and elsewhere, and Third, the bill generally limits the time you about some pressing concerns about out- one-tenth of this bill is dedicated to en- frame for development of Coastal Zone Man- rageous provisions of the Administration’s ergy conservation and efficiencies, and agement consistency appeal records, con- Energy Bill, and urged you to filibuster it. I only a quarter of the tax breaks would straining the states and the Secretary of write again today to inform you of another Commerce in making informed decisions. In assault on well-accepted state powers to pro- be to promote the use and development the same vein, this legislation limits the tect our citizens—a provision buried in this of renewable energy sources. On that record on consistency appeals addressing Bill, discovered during my review. basis alone, this bill ought to be recon- pipelines to the record developed by the This provision, Subtitle D, new Section sidered before we go forward. FERC. Historically, FERC’s record has been 1442, gives the Federal Energy Regulatory The Governor of my State, John inadequate to evaluate and protect the Commission dictatorial power to preempt Rowland, has served as the president of state’s natural resources. The legislation de- and override all other federal agencies and the Republican Governors Association prives Connecticut and other coastal states all state laws and officials in approving nat- ural gas pipelines. It would have the clear ef- during his tenure as Governor. John of the tools they need to manage their coast- al resources. fect of forcing approval of construction of Rowland and I have significant dif- Fourth, this legislation authorizes the the disastrous Islander East gas pipeline ferences on a lot of issues. But on this postponement of ozone attainment standards project through the middle of the pristine issue, he has written to all members of across the country when the problems are Thimble Islands area of Long Island Sound. our delegation in response to what is in shown to have originated outside the state. The Islander East pipeline is, as I have this bill. I want to read into the This not only hinders Connecticut’s progress said, the worst case in the worst possible place—an absolute environmental disaster. RECORD some of the comments of the toward improving air quality, but also likely Every state and federal regulatory agency Republican Governor of Connecticut, has significant health ramifications for Con- necticut’s residents. Contrary to general responsible for reviewing this proposal—the shared, I might add, by many Gov- practice, this language was added behind Connecticut Department of Environmental ernors all across this country. closed doors, without meaningful oppor- Protection (DEP), the United States Envi- This is a bipartisan notion of caution tunity for public debate. ronmental Protection Agency (EPA), and the about what we are about to do. He Fifth, the bill contains language that National Marine Fisheries Service—has mentions five or six reasons why this would preempt a state’s siting process in found that this project will cause pervasive, bill ought to be reconsidered. I ask areas of interstate congestion, if the FERC enduring harm to the marine environment in unanimous consent that the full text of were to find that the state delayed or denied this uniquely valuable part of the Sound. a project. State siting authorities may very Even the Federal Energy Regulatory Com- this letter be printed in the RECORD. well be justified, however, in delaying ap- mission’s (FERC) own staff concluded that There being no objection, the mate- proval or imposing condition for reasons there was a clearly environmentally pref- rial was ordered to be printed in the such as public safety or environmental pro- erable alternative route, if any pipeline RECORD, as follows: tection. It may also be that the more com- should be built across the Sound.

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 20, 2003 CONGRESSIONAL RECORD — SENATE S15315 While FERC ignored the facts and voted to tional efforts, and I include energy as the country when the problems are shown to approve the proposal anyway, the facts one of them. So I know there have been have originated outside of the State. This arrayed against this proposal are so compel- efforts in the past to say States ought not only hinders Connecticut’s progress to- wards improving our air quality, but also ling that we are strongly positioned to stop to be able to veto matters that come it in court, because it is insupportable envi- likely has significant health ramifications ronmentally. Section 1442 is plainly intended before them affecting energy policy, for Connecticut’s residents. Contrary to gen- to strangle our challenge to this project in but as strongly as I have felt that eral practice, this language was added behind court, no doubt because we were likely to States ought not to have exclusive veto closed doors, without meaningful oppor- succeed. Section 1442 drastically changes power, I do not think the Federal Gov- tunity for public debate. current law by providing that the courts ernment ought to also have veto power It would be one thing if this bill were must accept FERC’s determination, al- when it comes to States needs and ne- just about energy policy. To be able to though every other state and federal agency cessities. now postpone the ozone attainment re- disapproves of the project. I do not care where one lives in quirements written in law, there are The breathtaking sweep and far reaching ramifications of Section 1442 would extend America, but they should pay atten- literally hundreds of thousands of peo- well beyond Connecticut. This provision tion to this provision. This is an in- ple in this country who suffer from sig- completely and permanently dismembers a credible overreaching by the Federal nificant ailments affecting their res- carefully crafted system of state and federal Government. To come in and strip a piratory functions. I know of what I checks and balances for all major gas pipe- State’s ability to protect its own citi- speak. I have family members who suf- line projects. Under existing law, pipelines zens when it comes to natural re- fer from asthma. To roll back the pro- require not only the approval of FERC, but sources and the energy needs they may visions of the ozone attainment stand- state approval for water quality issues, and have, or a variety of other issues, and ards in States such as mine and else- for effects on the coastal zone environment. where is a major health setback for State disapprovals on these important envi- to shove those matters up to an ap- peals court in the District of Columbia, people. ronmental grounds are now generally suffi- I suspect that various health organi- cient to bar the proposals. Under this amend- whether one is from Georgia, Con- ment, FERC approval of a project would ef- necticut, or anywhere else, I think zations around the country will have fectively eliminate all state environmental would be highly offensive to most peo- strong feelings about this. If no other oversight. One of the other projects that will ple in this country. provision to this bill moves one to re- apparently be rushed to final construction That is not to say we have it all consider whether or not we ought to be under this bill is the Millenium Pipeline right. We do not. Lord knows our moving forward, the idea that we could project in Westchester County, New York, States can make very parochial deci- do such great damage to the health of which is proposed to run through various mi- American citizens is enough. We know nority neighborhoods and under a section of sions, particularly when it comes to energy policy, but the idea that the what causes these problems—and in my the Hudson River. Senators SCHUMER and State of Connecticut we suffer because CLINTON, among many other New York state Federal Government could go into any of the prevailing southwesterly winds officials, have expressed grave concerns State in this country, regardless of our about the millenium proposal. needs, our concerns, our well-being, for most of the year. So we get a lot of the poor air quality coming out of This Bill contains many inexcusable give- and say, I am sorry, you lose, you have other States. So we have to live with aways to the energy industry. Even among no rights at all in these matters. My those giveaways, this one is especially ab- the pollution that exists elsewhere. We Governor is right on that issue alone. horrent, since it grants one federal agency are trying to stop that on a national This bill ought to be sent back to the supreme dictatorial power to preempt en- level. This legislation will make it conference. forcement of environmental and consumer very difficult for that to happen in the We are about to adopt something protection by all other state and federal au- future. thorities. It would cause wanton lasting de- that overreaches beyond what I think My Governor goes on and says: struction of Long Island Sound. If this Bill is most of my colleagues would support in The bill contains language that would per- passed, our environment will suffer severe any other area of law, and yet they are permanent damage, which is absolutely and mit a State’s siting process in areas of inter- going to do it here. If a precedent is set state congestion, if the FERC were to find indisputably unnecessary to any legitimate here, it will happen in other areas as public interest. Once again, I urge to take a that the State delayed or denied a project. stand against this injustice. well? State siting authorities may very well be Very truly yours, My Governor goes on to explain that justified, however, in delaying approval or imposing condition for reasons such as pub- RICHARD BLUMENTHAL. there are other reasons: lic safety or environmental protection. It The bill generally limits the time frame Mr. DODD. I will not get into the in- may also be that the more complex the for development of Coastal Zone Manage- troduction of the letter and so forth, project, the more time that may be needed ment consistency appeal records, con- to review its complexities. In addition, the but I will quote from the Governor of a straining the States and the Secretary of applicant may need an extension of time in New England State. First, the Gov- Commerce in making informed decisions. In which to compile additional information for ernor says the bill undermines the deli- the same vein, this legislation limits the submittal to the siting authority or to nego- cate balance of Federal and States record on consistency appeals addressing tiate with adverse parties. The existing lan- rights. Under this legislation, this bill pipelines to the record developed by the guage [in this bill] fails to take those rea- gives unprecedented authority and FERC. Historically, FERC’s record has been sons into account. inadequate to evaluate and protect the standards of review exclusively to the Again, this goes right back to the Federal appeals court in the District of State’s natural resources. The legislation de- prives Connecticut and other coastal States first point I made earlier, where one Columbia to review actions required of the tools they need to manage their coast- can come in and basically shove these for the construction of a natural gas al resources. matters up to the Federal appeals pipeline. State environmental and I mention this because the Presiding court in Washington. Again, I am not siting laws would essentially be re- Officer—we share a lot of things in suggesting that States ought to have duced to a process of rubberstamping common, not the least of which we outright veto power. But the idea that the Federal Energy Regulatory Com- share is having an Atlantic coastline. this legislation would say, as categori- mission certificates of public conven- All of the States on the eastern sea- cally as it does, that the FERC could ience and necessity. board, the gulf, the west coast, if they come in if they find that a State denied The letter goes on: care about coastal zone management— a project or delayed a project to gather In addition, any delay, however well found- and I know how important that is all more information, and just roll right ed it may be, such as considering ways to over you. protect the State’s natural resources, may along the Atlantic coast—and wanting a say in determining how those very Listen to this. The Governor goes on be grounds for an appeal and Federal over- to say: ride of a State’s ruling. State courts would delicate and fragile resources will be The proposed legislation provides immu- be stripped of jurisdiction over matters aris- managed, this bill makes it more dif- nity, retroactive to September 5, 2003, to the ing in the State that not only affect the ficult for our States to continue in MTBE producers from defective product li- State, but also relate to the interpretation that vein. ability arising from groundwater contamina- of State statutes and regulations. Reading from the letter: tion of MTBE. It also provides $2 billion in Now, I have historically opposed a The legislation authorizes the postpone- transition assistance to producers, in prepa- State’s right to veto important na- ment of ozone attainment standards across ration for an MTBE ban effective in 2014. It

VerDate Mar 15 2010 21:41 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2003SENATE\S20NO3.REC S20NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15316 CONGRESSIONAL RECORD — SENATE November 20, 2003 is precisely because of groundwater contami- what happens around here: The prece- Whereupon, the Senate, at 9:38 p.m., nation caused by MTBE that Connecticut dent gets set. adjourned until Friday, November 21, has banned its use as a gasoline additive ef- These are several of the reasons why 2003, at 9:30 a.m. fective January 1, 2004. MTBE has been prov- I believe this bill deserves to be sent en to be especially harmful; we likely do not f back. yet know how much damage it has done or NOMINATIONS perhaps will do [to people]. It may be pre- It is November. We have another ses- mature at this time to provide such immu- sion of Congress coming up. Why can’t Executive nominations received by nity. we go back and do some work on this? the Senate November 20, 2003: There is a growing body of evidence I have to believe that most Members DEPARTMENT OF STATE that this gasoline additive could have think that this bill is just too tilted in STUART W. HOLLIDAY, OF TEXAS, TO BE AN ALTER- caused great damage to people and now one direction. It is not in the best in- NATE REPRESENTATIVE OF THE UNITED STATES OF terest of our country to be adopting AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY we are going to reach back to Sep- OF THE UNITED NATIONS DURING HIS TENURE OF SERV- tember 5 of this year and provide im- this type of energy policy. ICE AS ALTERNATE REPRESENTATIVE OF THE UNITED munity to the producers of this prod- As I mentioned earlier, knowing how STATES OF AMERICA FOR SPECIAL POLITICAL AFFAIRS important it is for our economy, for IN THE UNITED NATIONS. uct to the great detriment of maybe DEPARTMENT OF EDUCATION millions of people in this country. our energy self-sufficiency, for our en- vironment, and for health reasons, this JONATHAN BARON, OF MARYLAND, TO BE A MEMBER What is that doing in this bill? We talk OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD about tort reform, and here we are pro- legislation deserves reconsideration. It FOR EDUCATION SCIENCES FOR A TERM OF THREE is not balanced. YEARS. (NEW POSITION) viding immunity. ELIZABETH ANN BRYAN, OF TEXAS, TO BE A MEMBER The idea in this bill that we would So I hope when the hour arrives to- OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD morrow morning, our colleagues re- FOR EDUCATION SCIENCES FOR A TERM OF FOUR YEARS. provide immunity from recovery for (NEW POSITION) people who get sick and suffer as a re- spond. This is the kind of bill we will JAMES R. DAVIS, OF MISSISSIPPI, TO BE A MEMBER OF spend a good part of the next decade THE BOARD OF DIRECTORS OF THE NATIONAL BOARD sult of being exposed to MTBE, I think FOR EDUCATION SCIENCES FOR A TERM OF TWO YEARS. is outrageous. undoing. When people discover what is (NEW POSITION) really in this bill, they will want to ROBERT C. GRANGER, OF NEW JERSEY, TO BE A MEM- I am confident my colleague from BER OF THE BOARD OF DIRECTORS OF THE NATIONAL New York, Senator SCHUMER, has spo- make changes. I think a wiser course of BOARD FOR EDUCATION SCIENCES FOR A TERM OF FOUR action would be to go back and correct YEARS. (NEW POSITION) ken eloquently on this subject matter. FRANK PHILIP HANDY, OF FLORIDA, TO BE A MEMBER I heard him address the matter the the legislation now and have a bill that OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD would enjoy broad bipartisan support. FOR EDUCATION SCIENCES FOR A TERM OF THREE other day in a closed meeting of Sen- YEARS. (NEW POSITION) ators, and I was moved by the evidence Instead, there will be broad bipartisan ERIC ALAN HANUSHEK, OF CALIFORNIA, TO BE A MEM- opposition to invoking cloture tomor- BER OF THE BOARD OF DIRECTORS OF THE NATIONAL that he provided to us. I am confident BOARD FOR EDUCATION SCIENCES FOR A TERM OF TWO he has or will lay it out again here. So row. YEARS. (NEW POSITION) These new provisions giving extraor- CAROLINE M. HOXBY, OF MASSACHUSETTS, TO BE A I will not dwell on it. MEMBER OF THE BOARD OF DIRECTORS OF THE NA- It’s bad enough we provide immu- dinary power to the Federal Energy TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM nity, but now we are going to provide Regulatory Commission are really OF FOUR YEARS. (NEW POSITION) GERALD LEE, OF PENNSYLVANIA, TO BE A MEMBER OF MTBE producers with $2 billion in as- stunning in their scope and breadth. I THE BOARD OF DIRECTORS OF THE NATIONAL BOARD sistance, in preparation for a ban effec- am rather amazed that there has not FOR EDUCATION SCIENCES FOR A TERM OF FOUR YEARS. (NEW POSITION) tive 11 years from now. been more outspoken opposition to ROBERTO IBARRA LOPEZ, OF TEXAS, TO BE A MEMBER Lastly, I mention a rather parochial this, in more predictable quarters, OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM OF TWO YEARS. matter and I don’t want to make my when States rights are involved. (NEW POSITION) opposition to this bill based on paro- I mentioned earlier the issue of RICHARD JAMES MILGRAM, OF NEW MEXICO, TO BE A health. I pointed out that dirty air MEMBER OF THE BOARD OF DIRECTORS OF THE NA- chial issues. But my constituents are TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM very concerned about a provision in from outside our State impacts our air OF THREE YEARS. (NEW POSITION) quality. It is a major cause of asthma SALLY EPSTEIN SHAYWITZ, OF CONNECTICUT, TO BE A this bill that was written into the bill MEMBER OF THE BOARD OF DIRECTORS OF THE NA- in conference—never in the House bill, and may play a role in the development TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM of that disease. OF THREE YEARS. (NEW POSITION) never in the Senate bill—and really JOSEPH K. TORGESEN, OF FLORIDA, TO BE A MEMBER tramples all over States rights. It An estimated 86,000 of Connecticut OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD children have asthma that’s 10.4 per- FOR EDUCATION SCIENCES FOR A TERM OF FOUR YEARS. would codify a Department of Energy (NEW POSITION) order that resulted in the operation of cent of the children in my state. And HERBERT JOHN WALBERG, OF ILLINOIS, TO BE A MEM- the Cross Long Island Sound Cable that 7.3 percent of the adult population, ap- BER OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM OF runs from New Haven, CT to proximately 180,000, have it as well. I THREE YEARS. (NEW POSITION) Brookhaven. represent a small State, about 3.5 mil- NATIONAL LABOR RELATIONS BOARD lion people. These are significant num- This Cross Sound Cable was not oper- RONALD E. MEISBERG, OF VIRGINIA, TO BE A MEMBER ational before the August 14 blackout bers. OF THE NATIONAL LABOR RELATIONS BOARD FOR THE because the cable failed to meet the The fact that this bill rolls back the TERM OF FIVE YEARS EXPIRING AUGUST 27, 2008, VICE RENE ACOSTA, RESIGNED. Federal and State permitting require- provisions on air quality is going to IN THE AIR FORCE ments concerning its depth. Section mean that people in Connecticut are THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 1441 of the bill states: going to suffer. If for no other reason, STATES OFFICERS FOR APPOINTMENT IN THE RESERVE The Department of Energy order No. 202– this bill ought to be sent back. OF THE AIR FORCE TO THE GRADES INDICATED UNDER 03–2, issued by the Secretary of Energy on We are going to debate Medicare in a TITLE 10, U.S.C., SECTION 12203: August 28, shall remain in effect unless re- few days and talk about how to keep To be major general scinded by Federal statute. down costs. Asthma doesn’t go away. BRIGADIER GENERAL ROGER P LEMPKE, 0000 You may say, ‘‘I am sorry that has BRIGADIER GENERAL ALBERT P RICHARDS JR., 0000 In fact, there is nothing worse than an BRIGADIER GENERAL ALBERT H WILKENING, 0000 happened to your State, Senator,’’ but adult onset of asthma. I know because To be brigadier general it could be yours next. my wife has it and she didn’t have it as We didn’t argue during the blackout COLONEL TERRY L BUTLER, 0000 a kid. It is crippling. Anybody who has COLONEL JOHN A CAPUTO, 0000 about allowing that cable to be used, it or has a family member with it COLONEL RICHARD H CLEVENGER, 0000 but its continued operation violates COLONEL MICHAEL D DUBIE, 0000 knows what I am talking about. COLONEL JERALD L ENGELMAN, 0000 state and federal permitting require- There is time left to do this bill COLONEL WILLIAM H ETTER, 0000 ments. But that emergency is over. COLONEL EDWARD R FLORA, 0000 right. I hope this institution would COLONEL RUFUS L FORREST JR., 0000 Yet, written into statutory law, now it take a moment to do so. COLONEL RICHARD M GREEN, 0000 says, whether we like it or not, this I yield the floor. COLONEL TERRY P HEGGEMEIER, 0000 COLONEL ROBERT A KNAUFF, 0000 temporary order is now permanent and f COLONEL VERGEL L LATTIMORE, 0000 it will require a Federal statute to COLONEL DUANE J LODRIGE, 0000 ADJOURNMENT UNTIL 9:30 A.M. COLONEL MARIA A MORGAN, 0000 overturn it. Not even FERC can over- COLONEL JAMES K ROBINSON, 0000 turn it. I have to pass a bill in the Sen- TOMORROW COLONEL MICHAEL J SHIRA, 0000 COLONEL JAMES P TOSCANO, 0000 ate to overturn it. The PRESIDING OFFICER. The Sen- COLONEL JAMES T WILLIAMS, 0000 ate stands in adjournment until 9:30 I grant you it is a local issue, but you THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ought to be worried about it. That is a.m. tomorrow. STATES OFFICER FOR APPOINTMENT IN THE RESERVE

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OF THE AIR FORCE TO THE GRADE INDICATED UNDER MARIA D ALVAREZ, 0000 ROBERT T BIBEAU, 0000 TITLE 10, U.S.C., SECTION 12203: BEN P AMMERMAN, 0000 STEPHEN R BIDWELL, 0000 THOMAS J ANDERSEN JR., 0000 JASON H BIEGELSON, 0000 To be brigadier general ROBERT J ANDERSON, 0000 ERIK M BIELIK, 0000 COL. JAMES E. HEARON, 0000 TODD A ANDERSON, 0000 JAY A BIESZKE, 0000 PETER D ANDREOLI III, 0000 JAMES E BIGGERS, 0000 IN THE ARMY GARLAND H ANDREWS, 0000 RICHARD A BILLINGSLEY, 0000 MARTIN J ANERINO, 0000 STEPHEN G BIRD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RYAN W ANGOLD, 0000 JULIE P BISHOP, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- GABRIEL A ANSEEUW, 0000 CHRISTOPHER D BIZZANO, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL F ANZALOTTI, 0000 LARS T BJORN, 0000 To be major general MARC A ARAGON, 0000 BRIAN J BLAIR, 0000 JOHN W ARBUCKLE, 0000 KATHLEEN M BLAKEY, 0000 BRIG. GEN. GREGORY J. HUNT, 0000 MARK E ARCHER, 0000 HEATHER M BLANCH, 0000 PAUL W ARCHER II, 0000 CHERIE L BLANK, 0000 To be brigadier general RICHARD S ARDOLINO, 0000 SUSANNE E BLANKENBAKER, 0000 MATTHEW W AREL, 0000 BENJAMIN G BLAZADO, 0000 COL. JOSE M. VALLEJO, 0000 ROBERT C ARMANDI, 0000 RYAN J BLAZEVICH, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JACOB ARMIJO, 0000 GORDON R BLIGHTON, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO ALBERT E ARMSTRONG, 0000 JAMES B BOEHNKE, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ISAAC C ARMSTRONG IV, 0000 JAMES W BOERNER, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DAVID R ARNING, 0000 HOWARD J BOGAC, 0000 CHRISTOPHER S ARNOLD, 0000 CURTIS L BOGETTO, 0000 To be colonel DOUGLAS J ARNOLD, 0000 THEODORE A BOHL, 0000 DANIEL ARREDONDO, 0000 KURT H BOHLKEN, 0000 JOHN R. ANGELLOZ JR., 0000 KIMBERLEY A ARRINGTON, 0000 EUGENE N BOLTON, 0000 MICHAEL C. MCDANIEL, 0000 PENNY A ARRINGTON, 0000 WILLIAM W BONIFANT JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARTURO A ASEO, 0000 DERRICK D BOOM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY IMELDA F ASHMAN, 0000 LAURA L BOOTH, 0000 AND FOR REGULAR APPOINTMENT UNDER TITLE 10, RANDY E ASHMAN, 0000 SCOTT M BOOTHROYD, 0000 U.S.C., SECTIONS 624 AND 531: KELVIN J ASKEW, 0000 JENNIFER L BOSSLER, 0000 LEO E ASMAN, 0000 ERNEST S BOST, 0000 To be major BENJAMIN F ATON, 0000 WILLIAM E BOUCEK, 0000 VICTOR H AULD JR., 0000 DAVID S BOUGH, 0000 JAMES R. WARD, 0000 DAVID C AUSIELLO, 0000 KRISTEN D BOWDEN, 0000 IN THE NAVY JULIA F AUSTIN, 0000 GIDGET BOWERS, 0000 PAUL R AUSTIN, 0000 DONALD W BOWKER, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THOMAS B AYDT, 0000 RICHARD L BOWLES, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED KIRBY M BADGER, 0000 GEOFFREY P BOWMAN, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND JAMES J BAE, 0000 COLIN K BOYNTON, 0000 5582: CHRISTOPHER M BAHNER, 0000 THOMAS BOZARTH, 0000 TODD S BAIER, 0000 STEVEN P BRABEC, 0000 To be commander AARON W BAILEY, 0000 NATHAN E BRACE, 0000 TAB E AUSTIN, 0000 CHRISTOPHER E BAILEY, 0000 ENID S BRACKETT, 0000 DAVID J CROSBY, 0000 NATHANIEL A BAILEY, 0000 JOHN S BRADDOCK, 0000 ROBERT J HALLMARK, 0000 BRIAN P BAKER, 0000 JOHN F BRADFORD, 0000 THOMAS S ODONNELL, 0000 CHRISTOPHER M BAKER, 0000 DIVINA O BRADSHAW, 0000 JAMES K RADIKE, 0000 KELLY S BAKER, 0000 COLLEEN N BRADY, 0000 DAVID K WEISS, 0000 KIRBY R BAKER, 0000 FLINT J BRADY, 0000 SARAH C BAKER, 0000 RYAN K BRADY, 0000 To be lieutenant commander JAMES A BALCIUS, 0000 JORI S BRAJER, 0000 FRANCISCO X BALDERAS, 0000 JOHN S BRAMBLETT, 0000 BRIAN E BEHARRY, 0000 JOSEPH E BALDETTI, 0000 JEFFREY D BRANCHEAU, 0000 GINA K BLAKEMAN, 0000 TRACY K BALDWIN, 0000 BENJAMIN A BRANDT, 0000 DANIEL L BOWER, 0000 ROBERT S BALLARD, 0000 MICHAEL D BRASSEUR, 0000 STEPHEN C BRAWLEY, 0000 BRIAN M BALLER, 0000 DAVID S BREEDING, 0000 KATHRYN A BUNTING, 0000 DAVID R BALSIGER, 0000 DEREK D BREEDING, 0000 MARGARET CALLOWAY, 0000 MARK G BANKS, 0000 DANIEL J BRETON, 0000 PAUL T CAMARDELLA, 0000 KEITH A BARAVIK, 0000 KEVIN M BRINK, 0000 DAVID R CLARK, 0000 ALEXANDER Y BARBARA, 0000 LUIS D BRIONES, 0000 JAMES E CLARK, 0000 ALONZO BARBER III, 0000 JON D BRISAR, 0000 SCOTT A COTA, 0000 MAZIE J BARCUS, 0000 CARL W BROBST JR., 0000 STEVEN H DAVIS, 0000 RICHARD L BARGAS, 0000 GINALYN N BROCK, 0000 MARK D ERHARDT, 0000 WILLIAM J BARICH, 0000 ERIC M BRONSON, 0000 KAREN M ERNEST, 0000 COREY B BARKER, 0000 KERTRECK V BROOKS, 0000 MARK J FLYNN, 0000 ANDREW R BARLOW, 0000 GREGG A BROUGH, 0000 BRADLEY R GARBER, 0000 DEWAINE M BARNES, 0000 BOBBY E BROWN JR., 0000 MARK A GERSCHOFFER, 0000 RAYMOND F BARNES JR., 0000 CALEB C BROWN, 0000 WALTER M GREENHALGH, 0000 STERLEN D BARNES, 0000 CHAWN T BROWN, 0000 GEORGE P HAIG, 0000 RAUL BARRAGAN, 0000 CHRISTOPHER R BROWN, 0000 LAURIE A HALE, 0000 JEFFERY A BARRETT, 0000 COREY W BROWN, 0000 SCOTT A HAMLIN, 0000 OLIVER L BARRETT, 0000 DERECK C BROWN, 0000 CHRISTOPHER M HENRY, 0000 WILLIAM P BARRIE IV, 0000 DEREK R BROWN, 0000 BRIAN M HERSHEY, 0000 MICHAEL J BARRIERE, 0000 GABRIEL N BROWN, 0000 DERRICK HUTCHINSON, 0000 JOHN S BARSANO, 0000 GREGORY E BROWN, 0000 THOMAS L JACKSON, 0000 BRIAN J BARTLETT, 0000 JANEL T BROWN, 0000 GREGORY W JONES, 0000 JACOB M BARTON, 0000 JASON R BROWN, 0000 JEFFREY JONES, 0000 PATRICK T BARTON, 0000 MARK A BROWN, 0000 DANIEL F MAHER, 0000 BRIAN P BASS, 0000 NATHANIEL H BROWN, 0000 MARIA MAHMOODI, 0000 CURTIS S BASSO, 0000 SEIHO P BROWN, 0000 ERLE MARION, 0000 RYAN G BATCHELOR, 0000 STEVEN B BROWN, 0000 MICHAEL B MCGINNIS, 0000 ANDREW D BATES, 0000 WILLIAM F BROWN III, 0000 GEORGE F MIZE, 0000 KHARY A BATES, 0000 JOHN D BRUBAKER, 0000 VINCENT J MOORE, 0000 SHARON G BATTISTE, 0000 ROBERT C BRUCE, 0000 TIMOTHY F MOTT, 0000 BRIAN F BATTLE, 0000 TIMOTHY J BRUEHWILER, 0000 SCOTT W PYNE, 0000 DAVID A BAUCOM, 0000 BARRY M BRUMMETT, 0000 KENT E RUSHING, 0000 STEPHEN W BAUGH, 0000 JOSEPH R BRUNSON, 0000 DOUGLAS J SIEMONSMA, 0000 THOMAS A BAUMSTARK, 0000 BENJAMIN L BRYANT, 0000 JEFFREY A STUART, 0000 ANDREW M BAXTER, 0000 HOWARD M BRYANT, 0000 CHARLES A P TURNER, 0000 PATRICK T BAYER, 0000 KEVIN D BRYANT, 0000 PETER G WOODSON, 0000 KYLE R BEAHAN, 0000 ELAINE A BRYE, 0000 To be lieutenant PATRICK J BEAM, 0000 RYAN J BUCCHIANERI, 0000 AARON J BEATTIE IV, 0000 SCOTT J BUCHAR, 0000 PAUL H ABBOTT, 0000 RICHIA L BEAUFORT, 0000 KURT A BUCKENDORF, 0000 ALEXEY A ABRAHAMS, 0000 KRISTIN N BECK, 0000 JASON A BUCKLEY, 0000 JACOB J ABRAMS, 0000 ZACHARY A BEEHNER, 0000 JOSEPH M BUCZKOWSKI, 0000 CHARLES J ACKERKNECHT, 0000 JUSTIN C BEELER, 0000 DOUGLAS J BURFIELD, 0000 DAVID J ADAMS, 0000 DAVID A BEHNKE, 0000 MAUREEN M BURGESS, 0000 JAMES G ADAMS, 0000 ROBERT C BELCHER, 0000 MONICA BURGESS, 0000 JEFFREY W ADAMS, 0000 DAVID H BELEW, 0000 ROBERT A BURGESS JR., 0000 SAMUEL L ADAMS II, 0000 KIMBERLY L BELL, 0000 GERALD F BURKE, 0000 THOMAS M ADAMS, 0000 THOMAS A BELL, 0000 SEAN K BURKE, 0000 EVERETT M ALCORN JR., 0000 MATTHEW W BELVER, 0000 CLARENCE A BURKETT JR., 0000 ERIC J ALDERMAN, 0000 ERIKA B BENFIELD, 0000 CHRISTOPHER M BURKHART, 0000 BRENTON J ALEXANDER, 0000 DAVID A BENHAM, 0000 PAUL R BURKHART, 0000 CHRISTOPHER N ALEXANDER, 0000 JOHN O BENNETT, 0000 CHRISTOPHER D BURKS, 0000 JONATHAN L ALEXANDER, 0000 JEFFERY W BENSON, 0000 DAVID A BURMEISTER, 0000 MARK R ALEXANDER, 0000 ROBERT J BERG JR., 0000 KEVIN J BURNS, 0000 MARTY J ALEXANDER, 0000 WALLACE S BERG, 0000 MARK C BURNS, 0000 TIMOTHY J ALIM, 0000 EFREN T BERMUDO, 0000 BRIAN P BURROW, 0000 TIMOTHY N ALLAR, 0000 JEFFREY S BERNHARD, 0000 BRIAN J BURTON, 0000 HENRY J ALLEN, 0000 THOMAS J BERRES II, 0000 CHARLES W BURTON, 0000 JARED R ALLEN, 0000 DAVID S BERRO, 0000 STEPHEN J BURY, 0000 TIMOTHY E ALLEN, 0000 GEOFFREY S BERRY, 0000 BRIAN R BUSBY, 0000 PAUL M ALLGEIER, 0000 MICHAEL S BERRY, 0000 JEFFREY P BUSCHMANN, 0000 WALTER H ALLMAN III, 0000 PAUL E BERRYMAN, 0000 JOHN B BUSHKELL, 0000 JOHNNY J ALSTON, 0000 KARIN H BERZINS, 0000 RAOUL J BUSTAMANTE, 0000

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NATHAN R BUTIKOFER, 0000 RITA CONTRERAS, 0000 CARL W DOUD, 0000 DONALD S BUTLER, 0000 SEAN P CONVOY, 0000 KEITH P DOUGLAS JR., 0000 KATRINA M BUTLER, 0000 LORIE A T CONZA, 0000 MICHAEL S DOUMITT, 0000 MAURICE D BUTLER, 0000 WILLIAM W COOK, 0000 SHANE G DOVER, 0000 EDWARD K BYERS, 0000 JOHN O COOKE, 0000 JUSTIN A DOWD, 0000 MATTHEW C BYRNE, 0000 SAMUEL L COOPER, 0000 JOSEPH E DOWDING, 0000 JEFFREY J CADMAN, 0000 JESUS M CORDEROVILA, 0000 ERIK P DOYE, 0000 KEVIN H CADY, 0000 CHRISTOPHER B CORNWALL, 0000 ERIC C DOYLE, 0000 MARCELO H CALERO, 0000 JOHN D CORREA, 0000 MARC A DRAGE, 0000 ALEXANDER J CALLAHAN III, 0000 ANDREW R CORSO, 0000 JENNIFER L DRAKE, 0000 CARLIN A CALLAWAY, 0000 CHRISTOPHER F COSBY, 0000 WADE A DRAWDY, 0000 DONALD L CAMPBELL, 0000 TODD M COSKY, 0000 JAMES P DREW, 0000 MARIE A CAMPBELL, 0000 MATTHEW S COSNER, 0000 JODY A DREYER, 0000 MATTHEW M CAMPBELL, 0000 LOUIS A COSTA, 0000 NICOLE I DRISCOLL, 0000 SCOTT I CAMPBELL, 0000 JESUS M COTA, 0000 FRANKIE S DUARTE, 0000 JACOB CANDELARIA, 0000 JASON P COURNOYER, 0000 SUSAN M DUBENDORFER, 0000 JAMES R CAPPELMANN, 0000 OISIN P COURTNEY, 0000 MICHAEL R DUBUQUE, 0000 ROBERT L CAPRARO, 0000 RONALD M COUTURE, 0000 JARED J DUCKWORTH, 0000 RUSSELL A CARBONARA, 0000 BRIAN COWELL, 0000 MICHAEL G DUDAS, 0000 MATTHEW W CAREY, 0000 RYAN G COX, 0000 MOLLY J DUERKOP, 0000 JOHN W CARLS, 0000 TIMOTHY A CRADDOCK, 0000 GRADY G DUFFEY JR., 0000 KEVIN R CARLSON, 0000 DOUGLAS M CRANE, 0000 LYDIA J DUFFEY, 0000 CHRISTOPHER K CARLTON, 0000 PATRICK D CRONYN, 0000 PATRICK J DUFFY, 0000 BRIAN E CARMAN, 0000 DON B CROSS, 0000 STEVEN P DUFFY, 0000 MATTHEW R CARMONA, 0000 JAMES P CROWE, 0000 MARTIN J DUGAL, 0000 LENN E CARON, 0000 MATTHEW J CRUM, 0000 WILLIAM F DUKES JR., 0000 TROY D CARR, 0000 RAYMOND D CRUMP, 0000 KATHARINE O DULL, 0000 JASON P CARRANZA, 0000 RANDY C CRUZ, 0000 MARK D DUNBAR, 0000 JAMES M CARRASCO, 0000 JENNY M CULBERTSON, 0000 ROBERT A DUNCAN, 0000 JAMES N CARROLL, 0000 KENNETH L CULBREATH, 0000 MARC N DUNIVAN, 0000 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0000 JEFFREY S CATHCART IV, 0000 PAIGE J DANLUCK, 0000 JENNIFER L EATON, 0000 MALLORY M CAWLFIELD, 0000 KARSTEN F DAPONTE, 0000 MATTHEW J EBERHARDT, 0000 STEPHEN C CAZALAS, 0000 ANTHONY J DAPP, 0000 CHARLES B ECKHART, 0000 HECTOR A CERVANTES, 0000 MICHAEL J DARCY, 0000 HUGH B EDMONDSON, 0000 GLEN M CESARI, 0000 SHAWN W DARK, 0000 JENNIFER A EDMONDSON, 0000 DAWNE H CHAMBERS, 0000 PAUL J DATKA, 0000 MICHAEL A EDWARDS, 0000 BRIAN R CHAMPINE, 0000 JEFFREY M DAUDERT, 0000 MOTALE E EFIMBA, 0000 BENJAMIN D CHANCE, 0000 WESLEY S DAUGHERTY, 0000 WILLIAM R EHRET JR., 0000 BLAKE L CHANEY, 0000 DANIEL A DAURORA, 0000 BLAKE D EIKENBERRY, 0000 ROLANDO J CHANG, 0000 JOSEPH R DAVENPORT, 0000 MATTHEW G ELDER, 0000 JEFFREY C CHAPMAN, 0000 MICHAEL B DAVES, 0000 LUIS R ELIZA, 0000 LEONARD W CHAPMAN II, 0000 BRADLEY D DAVIS, 0000 DAVID C ELLIS, 0000 RODNEY CHAPMAN, 0000 BRANDON W DAVIS, 0000 TIMOTHY R ELMORE, 0000 STEPHEN A CHAPMAN, 0000 DAVID DAVIS, 0000 HAROLD W EMPSON, 0000 MEGER D CHAPPELL, 0000 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CHRISTOFFERSON, 0000 DAVID S DEES, 0000 JOHN E EVANS, 0000 JASON L CHUDEREWICZ, 0000 HANS D DEFOR, 0000 WILLIAM M EVANS, 0000 DOUGLAS S CHUMNEY, 0000 EDWARD N DEGUIA, 0000 ZACHARY J EVANS, 0000 JASON CHUNG, 0000 BRYAN K DEHNER, 0000 KEITH E EVEN, 0000 BRUCE J CICCONE JR., 0000 GUY R DELAHOUSSAYE JR., 0000 STEPHEN A EVERAGE, 0000 VICTOR J CINTRON, 0000 JOHN C DELARODERIE, 0000 THERESA P EVEREST, 0000 JAMES J CIRCLE, 0000 ROMADEL E DELASALAS, 0000 MICHAEL C EXUM, 0000 JACQUELINE CIVITARESE, 0000 LIBERTY P DELEON, 0000 SCOTT EYSENBACH, 0000 BRYAN L CLAIRMONT, 0000 GERALD T DELONG, 0000 RAFAEL C FACUNDO, 0000 BENJAMIN T CLAMMER, 0000 MARC A DEMANIGOLD, 0000 LEMUEL D FAGAN, 0000 NATHANIEL R CLARK, 0000 MICHAEL A DEMATTIA, 0000 TRACY L FAHEY, 0000 SEAN P CLARK, 0000 PAUL W DEMEYER, 0000 BARRI D FARNES, 0000 SHANNON M CLARK, 0000 NATHAN J DENMAN, 0000 CHRISTOPHER M FARRICKER, 0000 WILLIAM CLARK, 0000 LEROY P DENNIS III, 0000 LISA L FARRIS, 0000 SANDRA Y CLARY, 0000 MARK E DENNISON, 0000 JUSTIN T FAUNTLEROY, 0000 DOYNE D CLEM, 0000 BART L DENNY, 0000 BENJAMIN P FAY, 0000 JONATHAN W CLEMENS, 0000 DENNIS T DERLEY, 0000 REGINA T FAZIO, 0000 JOHN J CLENDANIEL, 0000 JOSEPH L DESAMERO, 0000 RICK A FEESE, 0000 PAUL D CLIFFORD, 0000 SEAN C DESMOND, 0000 PETER F FEHER, 0000 SKYLER T CLINKSCALES, 0000 GREGG C DEWAELE, 0000 PAUL J FELINI, 0000 ROBERT T CLOUD, 0000 ALTHEA C DEWAR, 0000 DANIEL X FELIZ, 0000 CHRISTOPHER M COATS, 0000 CHRISTOPHER N DEWEESE, 0000 KEITH A FELKER, 0000 DANIEL COBIAN, 0000 SHAWN T DEWEY, 0000 PAUL J FENECH, 0000 SCOTT D COCKRUM, 0000 STANLEY G DICKERSON, 0000 DANIEL E FENG, 0000 MICHAEL J COEN, 0000 MIGUEL DIEGUEZ, 0000 SHANE P FENTRESS, 0000 MATTHEW L COHN, 0000 SHANE C DIETRICH, 0000 MARK A FERLEY, 0000 HEATHER M COLLAZO, 0000 DARRIK J DINNEEN, 0000 CONSTANCE R S FERNANDEZ, 0000 TRAVIS P COLLERAN, 0000 WELDON R DISEKER, 0000 MARK N FERRARA, 0000 NICHLAS W COLLINGWOOD, 0000 NATHANIEL J DISHMAN, 0000 NICHOLAS P FERRATELLA JR., 0000 JOHN P COLLINS V, 0000 JEFFREY S DIXON, 0000 WILLIAM C FERRELL, 0000 JONATHAN S COLLINS, 0000 RICHARD J DIXON JR., 0000 ROBERT C FESSELE, 0000 NOAH S COLLINS, 0000 ALAN M DJOCK, 0000 RICHARD A FICARELLI, 0000 RYAN D COLLINS, 0000 STEVEN V DJUNAEDI, 0000 CHRISTOPHER S FICKE, 0000 ANTOLINO J COLON, 0000 BRIAN D DOHERTY, 0000 DAVID C FIELDS, 0000 WILLIAM P COLSTON, 0000 GEORGE M DOLAN, 0000 ABIGAIL FIGUEROA, 0000 JOHN D COMERFORD, 0000 CHRISTOPHER T DOLLARD, 0000 JOSE O FIKES, 0000 MICHAEL CONCANNON, 0000 ALEX F DOMINO, 0000 JOSEPH M FIKSMAN, 0000 ALVIN C CONCEPCION, 0000 ELIZABETH A DOMINO, 0000 DAVID W FILANOWICZ, 0000 MATTHEW T CONERLY, 0000 BENJAMIN W DOMOTO, 0000 MITCHELL E FILDES, 0000 CHAD J CONEWAY, 0000 THOMAS J DONOHUE, 0000 MICHAEL D FILES, 0000 BRIAN D CONNOLLY, 0000 GARY W DOSS, 0000 JAMES B FILLIUS, 0000 SUSANNE M CONNOLLY, 0000 JOHN D DOTSON, 0000 DONALD S FINKLESTINE, 0000 BRENDAN M CONROY, 0000 GORDON M DOTY, 0000 BENJAMIN H FINNEY, 0000

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JEREMY T FISCHER, 0000 DARRYL E GREEN, 0000 PETERJR HOEGEL, 0000 JEB A FISHER, 0000 MICHAEL S GREEN JR., 0000 JAMES R HOFFMAN, 0000 STANFORD E FISHER III, 0000 RONA D GREEN, 0000 BRAD E HOGAN, 0000 STEPHEN M FISHER, 0000 RAEFORD M GREENE, 0000 WILLIAM H HOGE III, 0000 JOSEPH A FITZPATRICK, 0000 MICHAEL J GREGONIS, 0000 TODD K HOLBECK, 0000 DEREK R FIX, 0000 CURTIS J GREGORY, 0000 GERALDINE M HOLDEN, 0000 WILLIAM A FLECK II, 0000 DALE M GREGORY JR., 0000 RUSSELL L HOLDERNESS, 0000 ERIK B FLEMING, 0000 JEFFREY G GROMATZKY, 0000 GARY C HOLLAND, 0000 JASON M FLEMISH, 0000 LARRY B GROSSMAN, 0000 MICHAEL C HOLLAND, 0000 DAVID W FLEMMING, 0000 GARY C GROTHE JR., 0000 MICHAEL P HOLLENBACH, 0000 KELLY T FLETCHER, 0000 JASON P GROWER, 0000 WILLIAM J HOLLIS, 0000 JOSE D FLORES, 0000 SEAN T GRUNWELL, 0000 BRIAN L HOLMES, 0000 PAUL N FLORES, 0000 ERIC C GRYN, 0000 GREGORY K HOLMES, 0000 SIDNEY G FOOSHEE, 0000 JASON J GUARNERI, 0000 KELLY J HOLMES, 0000 PATRICK J FORD, 0000 ADAM A GUENTHER, 0000 KERRY B HOLMES, 0000 RANCE N FORD, 0000 KENNETH P GUERIN, 0000 PETER J HOLTON, 0000 CINDY L FORDHAM, 0000 BRIAN J GUERRIERI, 0000 CHAD R HOLZAPFEL, 0000 JACOB A FORET, 0000 DIANA GUGLIELMO, 0000 DONNA L HOOD, 0000 LESTER R FORTNEY, 0000 STEPHEN L GUIDRY, 0000 ALBERT L HORNYAK, 0000 JASON M FOSTER, 0000 KEITH J GUILLORY, 0000 KITJA HORPAYAK, 0000 TONI O FOSTER, 0000 ROGER W GUNTER, 0000 CHRISTOPHER R HORTON, 0000 MATTHEW W FOSTER, 0000 MICHELLE A GUST, 0000 LONNIE S HOSEA, 0000 CHRISTOPHER A FOTOS, 0000 JUAN J GUTIERREZ, 0000 CHAD R HOULLIS, 0000 ERIK L FOX, 0000 JOHN S HAAS, 0000 SHARON L HOUSE, 0000 TIMOTHY W FOX, 0000 JON M HAGER, 0000 DUANE W HOUSER, 0000 JEFFREY M FOXX, 0000 CLAYTON P HAHS, 0000 JOHN F HOUSER, 0000 MICHAEL D FRANCE, 0000 LESLIE C HAIR, 0000 JOYCE R HOUSTON, 0000 ANA I FRANCO, 0000 DAVID A HALDANE, 0000 KIMBERLY K HOWARD, 0000 CRAIG S FRANGENTE, 0000 JOHN W HALE, 0000 DAVID E HOWE, 0000 JOHN W FRANKLIN, 0000 PATRICK K HALEY, 0000 KEITH C HOWLAND, 0000 JAMES D FRASER, 0000 CHRISTOPHER W HALL, 0000 JUSTIN S HSU, 0000 MATTHEW T FRAUENZIMMER, 0000 JASON S HALL, 0000 RICHARD R HUBBARD, 0000 DANIEL L FREEDMAN, 0000 MATTHEW H HALL, 0000 PAUL L HUDGENS, 0000 CARLTON Q FREEMAN, 0000 MICHAEL D HALL, 0000 BRYAN L HUDSON, 0000 DAVID B FREEMAN, 0000 SCOTT F HALL, 0000 FRANK E HUDSON, 0000 DAVID P FRIEDLER, 0000 SHAWN D HALL, 0000 NICHOLAS A HUDSON, 0000 THOMAS E FRIES, 0000 EDWARD L HALMAN JR., 0000 PAVAO A HULDISCH, 0000 STEPHEN M FROEHLICH, 0000 RICHARD C HAM, 0000 GARY HULING, 0000 ERIC B FROSTAD, 0000 JAMES W HAMILTON III, 0000 MATTHEW G HUMPHREY, 0000 MARIA P FUENTEBELLA, 0000 PAUL M HAN, 0000 ANDREW R HUNT, 0000 DAVID E FULCHER, 0000 ADAM C HANCOCK, 0000 DAVID C HUNT, 0000 JEFFREY A FULLER, 0000 JEREMY R HANKINS, 0000 CHRISTOPHER M HUNTER, 0000 RUSSELL W FUSCO, 0000 ERIC M HANKS, 0000 TERESA A HURD, 0000 MATTHEW T GABAY, 0000 RICHARD T HANNA JR., 0000 JASON P HURLEY, 0000 SAMUEL D GAGE, 0000 THOMAS S HANRAHAN, 0000 DEAN HUSTIC, 0000 JOHN J 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D GLOVER, 0000 THOMAS C HERR, 0000 JEROME M JOHNSON, 0000 HAROLD K GODWIN, 0000 JOE D HERRE, 0000 JOHN D JOHNSON, 0000 FRANK T GOERTNER, 0000 BURKE A HERRON, 0000 MICHAEL D JOHNSON, 0000 CARLOS A GOMEZ JR., 0000 MICHAEL W HERYFORD, 0000 SUZANNE M JOHNSON, 0000 SONYA M GONNELLA, 0000 BRIAN M HESS, 0000 TEDDI M JOHNSON, 0000 CESAR S GONZALEZ, 0000 ERIK M HESS, 0000 WESLEY P JOHNSON, 0000 JAVIER GONZALEZOCASIO, 0000 JOHN I HEUISLER, 0000 SEBRINA C JOHNSONPOWELL, 0000 KATY K GOOD, 0000 TRAVIS N HICKS, 0000 COREY S JOHNSTON, 0000 NATALIE C GOOD, 0000 ROSS C HIERS, 0000 NATHAN C JOHNSTON, 0000 JOSHUA GORDON, 0000 FREDERICK D HIGGS, 0000 BRYAN R JONES, 0000 GEOFFREY A GORMAN, 0000 GENAIA T HILL, 0000 ERIC D JONES, 0000 ABIGAIL D GOSS, 0000 JEFFREY W HILL, 0000 ERIC R JONES, 0000 DANIEL B GOUGH, 0000 MARK W HILL, 0000 SUMMER N JONESCHIOW, 0000 ANDREW P GRABUS, 0000 MARTIN J HILL III, 0000 BRIAN S JORDAN, 0000 AMY L GRACZYK, 0000 ROBERT M HILL, 0000 JESSICA J JORGENSON, 0000 WILLIAM E GRADY, 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THOMAS B KEEFER JR., 0000 DAVID F LASPISA, 0000 JAMES C MANSELL, 0000 JULIE A KEEGAN, 0000 MARK A LAUBACH, 0000 NICOLAS V MANTALVANOS, 0000 KERRI L KEEHN, 0000 TODD J LAUBY, 0000 RYAN C MAPESO, 0000 SCOTT D KEENAN, 0000 JOSEPH J LAUHON, 0000 DAVID A MARCINSKI, 0000 THOMAS M KEENAN, 0000 LUIGI L LAZZARI, 0000 CRISTINA S MARECZ, 0000 STEPHEN G KEENE, 0000 DAVID A LEAVITT, 0000 JEROD L MARKLEY, 0000 AARON B KEFFLER, 0000 JAMES A LECOUNTE, 0000 EARL A MARKS, 0000 AMY E KEILLER, 0000 AARON M LEE, 0000 CHRISTOPHER D MARRS, 0000 CHRISTOPHER E KEITH, 0000 CHRISTIAN D LEE, 0000 JOHN A MARSH, 0000 DARRELL L KELLER JR., 0000 CHRISTOPHER J LEE, 0000 NICOLE D MARSHALL, 0000 THOMAS H KELLEY II, 0000 EDDIE D LEE, 0000 RAYMOND S MARSHALL, 0000 ROBERT M KELLNER, 0000 KAYLA L LEE, 0000 SAMUEL I MARSHALL, 0000 ANNETTE KELLY, 0000 KIRK A LEE, 0000 ADAM P MARTIN, 0000 ANTHONY S KELLY, 0000 MICHAEL D LEE, 0000 BENJAMIN P MARTIN, 0000 DANIEL J KELLY, 0000 STEVEN W LEEHE, 0000 GREGORY S MARTIN, 0000 BRUCE D 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W TURBEVILLE, 0000 JESSE A SCHMIDTMANN, 0000 JACOB V SPRUANCE, 0000 DENNIS J TURNER, 0000 ADRIA R SCHNECKSCOTT, 0000 TIMOTHY K STACKS, 0000 MICHAEL E TURNER, 0000 WILLIAM M SCHOMER, 0000 JOHN W STAFFORD, 0000 MICHAEL E TWAROG, 0000 SARAH A SCHOPP, 0000 CHARLES H STAHL IV, 0000 ELIZABETH H UNANGST, 0000 DANIEL M SCHORMANN, 0000 JASON R STAHL, 0000 DUDE L UNDERWOOD, 0000 ERICH J SCHUBERT, 0000 KEIR D STAHLHUT, 0000 CARLOS URBIZU, 0000 ADAM T SCHULTZ, 0000 JONATHAN A STALEY, 0000 MEGAN H URFFER, 0000 MARK P SCHUMANN, 0000 JULIETTE H STANCHFIELD, 0000 MICHAEL R VAAS, 0000 JASON W SCHWARZKOPF, 0000 CHARLES T STANFORD, 0000 ELISABETH A VAGNARELLI, 0000 THOMAS B SCHWEERS, 0000 MATT T STANTON, 0000 STEPHEN M VAJDA, 0000 AUGUSTUS V SCIULLA, 0000 JOHN B STAPLETON, 0000 VIDAL VALENTIN, 0000 LEON B SCORATOW, 0000 CHRISTOPHER STARKWEATHER, 0000 ELMER D VALLE JR., 0000 SCOT W SCORTIA, 0000 JASON W STARMER, 0000 BRIAN D VANCE, 0000 BRANDON M SCOTT, 0000 FRANCIS J STAVISH, 0000 ERIC J VANDYKE, 0000 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0000 KELSEY P STLOUIS, 0000 MARK A VENZOR, 0000 CHARLES E SHAMONSKY, 0000 ROBERT T STOCKTON JR., 0000 DANIEL V VICARIO, 0000 KARL SHANK, 0000 DANIEL A STOKES, 0000 JEFFREY R VIGNERY, 0000 RYAN P SHANN, 0000 GHISLAINE W STONAKER, 0000 PAUL S VILLAIRE, 0000 JOHN D SHANNON, 0000 KRISTOPHER W STONAKER, 0000 DANTE J VILLECCO, 0000 ISAAC SHAREEF, 0000 WENDY L STONE, 0000 IVAN J VILLESCAS, 0000 PETER J SHEEHY, 0000 GREGORY M STORCH, 0000 KELLI H VOELSING, 0000 MARK SHEFFIELD, 0000 CHRISTOPHER J STOREY, 0000 VICTORIA A VOGEL, 0000 JAMES P SHELL, 0000 RONALD L STOWE, 0000 VANESSA L VOGL, 0000 SOJOURN D SHELTON, 0000 JASON STRACQUALURSI, 0000 THOMAS S VOGLESONGER, 0000 NATHAN S SHENCK, 0000 DONALD W STRASSER, 0000 JOHN A VOIGHT, 0000 LAMAL D SHEPPARD, 0000 THOMAS STRENGE, 0000 JONATHAN J VOJE, 0000 JASON J SHERMAN, 0000 ANDRE J STRIDIRON III, 0000 JOHN T VOLPE, 0000 JEFFREY W SHERWOOD, 0000 SHANE P STROHL, 0000 PATRICIA A VOOGD, 0000 PATRICK H SHERWOOD III, 0000 MICHAEL R STRONG, 0000 TUAN A VU, 0000 RALPH B SHIELD, 0000 MICHAEL E STUKER, 0000 SHERRY M WACLAWSKI, 0000 NATHAN D SHIFLETT, 0000 JASON R STUMPF, 0000 STEVEN A WAGGONER, 0000 KEVIN R SHILLING, 0000 JARROD W STUNDAHL, 0000 HOLGER M WAGNER, 0000 CHRISTOPHER K SHIPE, 0000 JEFFREY D STURM, 0000 JAMES C WAINWRIGHT III, 0000 WILLIAM H SHIPP, 0000 LUKE C SUBER, 0000 TIMOTHY L WAITS, 0000 JOHN R SHIRLEY, 0000 RONALD J SUCHARSKI, 0000 DENNIS J WAJDA, 0000 LISA M SHIROMA, 0000 BARBARA A SULFARO, 0000 STEPHAN E WALBORN, 0000 DAMON W SHIVVERS, 0000 JONATHAN B SULLIVAN, 0000 CHRISTOPHER A WALDRON, 0000 COLLEEN M SHOOK, 0000 JAMES T SULTENFUSS, 0000 JASON M WALDRON, 0000 GARRETT W SHOOK, 0000 LUCIANA SUNG, 0000 WILLIAM R WALDRON, 0000 BARRY J SHUEMAKER, 0000 STEVEN J SUSALLA, 0000 DANIEL C WALENT, 0000 PATRICK S SHUSTER, 0000 GREGORY E SUTTON, 0000 SCOTT A WALGREN, 0000 THOMAS P SICOLA, 0000 SCOTT A SWAGLER, 0000 BRIAN D WALKER, 0000 DAVID K SIDEWAND, 0000 THOMAS B SWAIM, 0000 JASON K WALKER, 0000 DON C SIDWELL, 0000 MATTHEW R SWANSON, 0000 JEANETTE C WALKER, 0000 PETER V SIEGEL, 0000 NED L SWANSON, 0000 TIMOTHY J WALKER, 0000 JENNY L SIGEL, 0000 JEREMIAH SWARTZLENDER, 0000 YVONNE B WALKER, 0000 MARK F SILBERNAGEL, 0000 WILLIAM F SWINFORD, 0000 DIALLO S WALLACE, 0000 LEWIS P SILVERMAN, 0000 GLENN D SWITTS, 0000 PAMELA D WALLACE, 0000 CHRIS E SILVIA, 0000 CHRISTOPHER M SYLVESTER, 0000 PHILLIP S WALLACE, 0000 MICHAEL S SIMMONS, 0000 ALEJANDRO C TAAG, 0000 TONY M WALTON, 0000 ROBERT M SIMMS, 0000 SALEEM K TAFISH, 0000 TOMMY L WARD, 0000 THOMAS A SIMMS IV, 0000 OLAF O TALBERT, 0000 JASON C WARNER, 0000 JOSEPH F SIMONE, 0000 LEONARD A TALBOT, 0000 SAMUEL G WARTELL, 0000 MICHAEL C SIMPSON, 0000 NANCY E TALBOT, 0000 GARY L WASHBURN, 0000 PHILLIP T SIMPSON, 0000 SCOTT T TASIN, 0000 ALICIA M WASHINGTON, 0000 CODY S SINCLAIR, 0000 BRENT H TAWNEY, 0000 ANNETTE H WATKINS, 0000 KELLY A SINGLETON, 0000 CORA C TAYLOR, 0000 EDDI L WATSON, 0000 ERIC J SINIBALDI, 0000 JASON S TAYLOR, 0000 JACOB H WATSON, 0000 ROBERT G SINRAM, 0000 KELLY E TAYLOR, 0000 JAMES J WATSON, 0000

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MARK A WATSON, 0000 DAVID P WOLYNSKI, 0000 SAMUEL V A FONTE, 0000 WARREN D WATTLES, 0000 DARREN J WOMACKS, 0000 SCOTT M FRANCIS, 0000 HARRELL WATTS, 0000 JAMES Y WONG, 0000 WILLIAM D FRANCIS, 0000 ANDREW L WATTULA, 0000 ROBERT G WONG, 0000 JENNIFER H FRASER, 0000 LENORA B P WEATHERFORD, 0000 SARAH C WOOD, 0000 CANDACE A GAINES, 0000 JOHN F WEBB, 0000 SHANNON J WOOD, 0000 ALFONZO E GARCIA, 0000 SKY R WEBB, 0000 MILES A WOODARD, 0000 MICHAEL A GIGLIO, 0000 DANIEL WEBSTER, 0000 NORMAN B WOODCOCK, 0000 ROBERT D GOAD, 0000 MICHELLE E WEDDLE, 0000 AMY E WOODS, 0000 JASON GRABELLE, 0000 JOHN W WEIDNER JR., 0000 CASEY L WOODS, 0000 ANGELIN M GRAHAM, 0000 JAMES F WELCH, 0000 DANIELLE M WOOTEN, 0000 ELAINE A GRAHAM, 0000 SUSAN M WELLMAN, 0000 SEAN P WOOTEN, 0000 DAVID A GUNN, 0000 DAVID S WELLS, 0000 MICHAEL W WOROSZ, 0000 BRIAN A HARDING, 0000 ROBERT S WELLS, 0000 CHRISTOPHER D WORRALL, 0000 PAUL G HAVENS, 0000 CHARLOTTE A WELSCH, 0000 CRAIG E WORTHAM, 0000 AMY D HECK, 0000 MICHAEL J WENTZEL, 0000 LAURENCE R WRATHALL, 0000 MELISSA J HILER, 0000 DANIELLE M WENZEL, 0000 FELICIA B WRAY, 0000 WILLIAM G HODGE III, 0000 DAVID M WERNER, 0000 GRAHAM L WRIGHT III, 0000 MICHAEL W HOSKINS, 0000 KEITH W WESELI, 0000 MARK E WRIGHT, 0000 JEFFERY A HURLEY, 0000 AMANDA B WESTLAKE, 0000 HEATHER G WYCKOFF, 0000 TODD A JACOBS, 0000 ROBERT A WESTLUND, 0000 ANDREW J WYLIE, 0000 BRIAN M JOHNSON, 0000 MARK R WESTMORELAND, 0000 ROY A WYLIE, 0000 DOUGLAS M JOHNSON, 0000 DONALD G WETHERBEE, 0000 COLLIN A WYNTER, 0000 JAMMAL L JONES, 0000 MICHAEL J WEYENBERG, 0000 JASON T YAUMAN, 0000 MARK C JONES, 0000 MICHAEL G WHEELER, 0000 VINCENT E YEALDHALL, 0000 SEAN V JOSLIN, 0000 DOUGLAS B WHIMPEY, 0000 JAMES A YEATS, 0000 JAMIE L KARBACKA, 0000 CHARLES D WHITE, 0000 SEAN P YEMM, 0000 DAWN A KETCHUM, 0000 GERARD J WHITE, 0000 JOHN T YI, 0000 CARL V KIRAR, 0000 JOEL A WHITE, 0000 DIANA A YORTY, 0000 RICK W LENTZ, 0000 THERESA D WHITE, 0000 DANA K YOUNG, 0000 BENJAMIN D LEPPARD, 0000 BRIAN P WHITESIDE, 0000 JASON P YOUNG, 0000 MATTHEW R MAASDAM, 0000 RYAN W WHITESITT, 0000 WILLIAM A YOUNG, 0000 MIGUEL S MACIAS, 0000 JENNIFER L WHITMORE, 0000 HAROLD YU, 0000 JORGE A MALAVET, 0000 CAROLYN H WHITNEY, 0000 THERESA E ZACH, 0000 CLAYTON B MASSEY, 0000 CARL B WHORTON, 0000 SAMUEL L ZAGER, 0000 SIMON R MCLAREN, 0000 ARCELIA WICKER, 0000 DEIRDRE A ZALLNICK, 0000 RAFAEL A MIRANDA, 0000 JEFFREY M WIDENHOFER, 0000 MATTHEW A ZAVALA, 0000 CHRISTOPHER J MITCHELL, 0000 BRIAN C WIECHOWSKI, 0000 CHRISTOPHER R ZEGLEY, 0000 MICHAEL S MITCHELL, 0000 PATRICK W WIEGLEB, 0000 TODD C ZENNER, 0000 JOHNATHAN H MOEN, 0000 JULIE K WIELENGA, 0000 THOMAS J ZERR, 0000 THOMAS P MOORE, 0000 CRAIG M WIESEN, 0000 JASON A ZIEBOLD, 0000 JARROD L MOSLEY, 0000 ASHLEY D WILBUR, 0000 DAVID M ZIELINSKI, 0000 JACQUELINE A NATTER, 0000 DANIEL E WILBURN, 0000 JESSE J ZIMBAUER, 0000 WILLIAM R PARRISH, 0000 MATTHEW D WILDER, 0000 ANTHONY D ZIMMERMAN, 0000 DOUGLAS B PERKINS, 0000 RICHARD B WILDERMAN JR., 0000 BRIAN T ZIMMERMAN, 0000 BENJAMIN W RAYBURG, 0000 JASON W WILLENBERG, 0000 SCOTT B ZIMMERMAN, 0000 ELIZABETH A REGOLI, 0000 MATTHEW D WILLER, 0000 BENJAMIN D ZITTERE, 0000 LAWRENCE M REPASS, 0000 AARON J WILLIAMS, 0000 REBECCA A ZUWALLACK, 0000 TIMOTHY L RHATIGAN, 0000 ANTHONY S WILLIAMS, 0000 To be lieutenant junior grade SHANE D RICE, 0000 CHRISTOPHER J WILLIAMS, 0000 RYAN W ROBISON, 0000 DONNELL L WILLIAMS, 0000 MICHAEL C ABERNATHY, 0000 LAURA J ROLLINS, 0000 ERIC L WILLIAMS, 0000 DANIEL R ALCORN, 0000 WILLIAM M RUSHING, 0000 KEVIN W WILLIAMS, 0000 VICTOR ALLENDE, 0000 FRANCISCO P SANTOS, 0000 KRISTINA K WILLIAMS, 0000 LORA M ANDERSON, 0000 RYAN C SCHLEICHER, 0000 MATTHEW J WILLIAMS, 0000 ANTHONY C ASP, 0000 ERIC M SCHMIDT, 0000 PATRICK S WILLIAMS, 0000 JONATHAN M AVIS, 0000 MICHAEL J SCHORP, 0000 WARREN T WILLIAMS, 0000 ANDREW F BALL, 0000 JODI E SEWELL, 0000 JASON J WILLIAMSON, 0000 ROGER L BARAJAS JR., 0000 JEFFREY S SHULL, 0000 JAMES A WILLSEY, 0000 SHARON D BARNES, 0000 JOHN J SIMONSON III, 0000 ANDRE R WILSON, 0000 JASON D BARTHOLOMEW, 0000 ROBERT J SMITH, 0000 BRIAN S WILSON, 0000 NELSON BATTLE, 0000 ROBERT S SMITH, 0000 CHARLES J WILSON, 0000 STEPHEN N BENSON, 0000 MICHAEL A SNYDER, 0000 CRAIG B WILSON, 0000 ANTHONY D BERMUDEZ, 0000 TRISHA N STANFORD, 0000 DAVEN J WILSON, 0000 MATTHEW L BOLLS, 0000 AARON C TAFF, 0000 ELY C WILSON, 0000 JOSEPH A CACCIOLA, 0000 OSMAY TORRES, 0000 ENID WILSON, 0000 ROLANDO C CALVO, 0000 CHAD E TREVETT, 0000 STANLEY P WILSON, 0000 PETER P CHRAPKIEWICZ, 0000 GERALD L TRITZ, 0000 PAUL H WILT, 0000 CHRISTOPHER C COFFEY, 0000 JASON C TURSE, 0000 DENA M WINDER, 0000 BRENT E COWER, 0000 ZALDY M VALENZUELA, 0000 ROBERT A WINDOM, 0000 BAKARI P DALE, 0000 NOLASCO L VILLANUEVA, 0000 JEFEREY A WINSLOW, 0000 DANILO I DANTES, 0000 JARROD M WARREN, 0000 GARY WINTON, 0000 SCOTT E DANTZSCHER, 0000 MATTHEW S WELLMAN, 0000 SUSAN M WISCH, 0000 GABRIEL T DENNIS, 0000 CHARLES E WESTERHAUS, 0000 MICHAEL P WISCHNEWSKI, 0000 RORKE T DENVER, 0000 KIERSTEN S WHITACRE, 0000 ROBERT C WISE, 0000 MICHAEL G DULONG, 0000 JUSTIN K WHITT, 0000 GREGORY R WISEMAN, 0000 JEAN J DUPINDESAINTCYR, 0000 LINDA L WILLIAMS, 0000 STEVEN T WISNOSKI, 0000 AMELIA EBHARDT, 0000 JIMMIE I WISE, 0000 THADDEUS S WITHERS, 0000 ROBERT R ELLISON III, 0000 RONALD L WITHROW, 0000 KEITH B FAHLENKAMP, 0000 To be ensign CHERYL WOEHR, 0000 ANDREW D FLEISHER, 0000 KENNETH A WOFFORD, 0000 JOHN A FLEMING, 0000 JIAN M MEI, 0000 MICHAEL F WOLNER, 0000 JONATHAN M FLOYD, 0000 SABRINA M STEDMAN, 0000

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INTRODUCING THE LABOR RE- Is it too much to ask that people who live on racy and stability—it is, simply put, our most CRUITER ACCOUNTABILITY ACT American soil, making products for American important core value, the very reason the 13 OF 2003 consumption, be treated like American work- colonies were established. American support ers? Even the most basic respect for human for religious freedom abroad certainly predates HON. GEORGE MILLER rights demands that we act now to protect passage of this legislation in 1998. I am par- OF CALIFORNIA these workers. ticularly proud of the role I played during my I am pleased that over 30 of our colleagues IN THE HOUSE OF REPRESENTATIVES tenure as the Chairman and Ranking Member have joined me as original cosponsors of this of the Helsinki Commission to raise aware- Wednesday, November 19, 2003 bill. I am hopeful that all of our colleagues, on ness of religious persecution in Eastern Eu- Mr. MILLER of California. Mr. Speaker, I both sides of the aisle, will add their support rope and the former Soviet Republics, and the rise today to introduce the ‘‘Labor Recruiter to this critical legislation to end this kind of work of the Commission to promote the pro- Accountability Act of 2003.’’ despicable exploitation of workers in the tection of religious minorities in the Eastern As has been well documented in the press, United States once and for all. This legislation Bloc and elsewhere around the world. the abuse of recruited workers has become a is also supported by the AFL–CIO, the Na- Religious freedom is the first of the free- very serious problem in many areas of our na- tional Council of La Raza, and the Farmworker doms enumerated in the Bill of Rights—a re- tion. Labor contractors lure workers to the Justice Fund. Mr. Speaker, I urge Members of flection of the founders’ belief that freedom of U.S. by promising them a better life with de- the House to join me and co-sponsor the religion and conscience is the cornerstone of cent wages and good jobs in exchange for ‘‘Labor Recruiter Accountability Act of 2003.’’ liberty. thousands of dollars in fees. Instead, tens of f As Thomas Jefferson wrote in 1803, ‘‘It be- thousands of workers arrive in the U.S. only to hooves every man who values liberty of con- RECOGNIZING THE 5TH ANNIVER- find that they were cruelly deceived. If they science for himself, to resist invasions of it in SARY OF THE INTERNATIONAL are paid at all, they earn unlivable wages for the case of others; or their case may, by RELIGIOUS FREEDOM ACT OF menial jobs to which they never agreed, with change of circumstances, become his own.’’ 1998 no insurance or health care. And in addition to I was an active supporter of the original leg- earning little, they are bound deeply in debt to islation, I am proud of the work done by the the recruiter for bringing them to their new HON. STENY H. HOYER office since its creation, and am pleased to home. OF MARYLAND help commemorate this important anniversary. IN THE HOUSE OF REPRESENTATIVES This is not employment opportunity: it is in- f dentured servitude. It is modern slavery. Hard Wednesday, November 19, 2003 as it may seem to believe, this form of inden- PAYING TRIBUTE TO CHERYL Mr. HOYER. Mr. Speaker, I am pleased to CHITTENDEN tured servitude is the disturbing reality for rise in support of H. Res. 423, recognizing the thousands of workers, and it should not be oc- 5th anniversary of the International Religious curring in the United States in 2003. Freedom Act of 1998, legislation that estab- HON. SCOTT McINNIS Today, I am introducing the ‘‘Labor Re- lished the Office of International Religious OF COLORADO cruiter Accountability Act of 2003’’ to fight this Freedom within the Department of State. IN THE HOUSE OF REPRESENTATIVES cruel practice by providing for tighter account- This office is most often associated with its Wednesday, November 19, 2003 ability for foreign labor contractors and em- Annual Report on International Religious Free- ployers. dom, which describes the status of religious Mr. MCINNIS. Mr. Speaker, it is my honor to The ‘‘Labor Recruiter Accountability Act of freedom in each foreign country, government rise and pay tribute to a remarkable woman 2003’’ holds recruiters and employers respon- policies violating religious belief and practices, from my district. Cheryl Chittenden has dedi- sible for the promises they make to prospec- and U.S. policies to promote religious freedom cated her life to ending domestic violence and tive employees, and discourages employers around the world. assisting victims of domestic abuse. For her from using disreputable recruiters. The bill re- This document serves as an important tool service, Cheryl was recently recognized as quires employers and foreign labor contractors for both Congress and the administration in Advocate of the Year and it is my honor to to inform workers of the terms and conditions making policy decisions regarding our rela- rise and pay tribute to her contributions before of their employment at the time they are re- tions with, and support for, countries around this body of Congress today. cruited. It makes employers jointly liable for the world. Cheryl has been battling the terrors of do- violations committed by recruiters in their em- But in addition to the report, and frankly just mestic violence for fifteen years. In 1985, she ploy. It imposes fines on employers and re- as importantly, the Office develops strategies became the Director of the Latimer House Do- cruiters who do not live up to their promises to promote religious freedom, both to attack mestic Violence Shelter. During that time, and authorizes the Secretary of Labor to take the root causes of persecution and as a Cheryl acted as chairperson of the Domestic additional legal action to enforce those com- means of promoting other fundamental U.S. Violence Task Force, and was one of the mitments. Employers and recruiters are pro- interests, such as protecting other core human founders of the Sexual Assault Nurse Exam- hibited from requiring or requesting recruit- rights, and encouraging the development of iner program. ment fees from workers and are required to mature democracies. Currently, Cheryl is a Victim Advocate in pay the costs, including subsistence costs, of The importance of this work cannot be over- Mesa, Colorado. Each day, she goes beyond transporting the worker. stated—the promotion of religious freedom is the call of duty for the betterment of domestic The bill discourages disreputable labor con- intimately connected to the promotion of other violence victims. Cheryl takes each victim’s tractors by requiring the Secretary of Labor to fundamental human and civil rights, as well as case to heart and treats him or her as though maintain a public list of labor contractors who to the growth of democracy. they were family. The Mesa community is truly have been involved in violations of the Act and A government that acknowledges and pro- a better place as the result of Cheryl’s con- by providing additional penalties if employers tects freedom of religion and conscience is tributions. use a contractor listed by the Secretary as one that understands the inherent and invio- Mr. Speaker, it is my honor to rise and pay having been involved in previous violations of lable dignity of the human person, and is more tribute to Cheryl Chittenden before this body this Act and that contractor contributes to a likely to protect, the other rights fundamental of Congress and this nation. Cheryl has dedi- violation for which the employer may be liable. to human dignity, such as freedom from arbi- cated her life to helping others while maintain- The remedies provided under the ‘‘Labor Re- trary arrest or seizure, or freedom from torture ing her devotion as a loving wife and caring cruiter Accountability Act’’ are not exclusive, and murder. mother. I am honored to join all of those but are in addition to any other remedies But our interest in promoting religious free- Cheryl has helped in thanking her for her serv- workers may have under law or contract. dom runs deeper than our support for democ- ice.

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

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.001 E20PT1 E2342 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 CONFERENCE REPORT ON H.R. 6, standards by adding new requirements for re- There are other provisions related to public ENERGY POLICY ACT OF 2003 dundant studies to the National Highway Traf- health that should never have been included fic Safety Administration’s CAFE standards- in this bill. The bill eliminates protections for SPEECH OF setting process. underground drinking water supplies from po- HON. MARK UDALL By contrast, just today we learned that tential damages caused by hydraulic frac- OF COLORADO China is preparing to impose minimum fuel turing. The bill also provides a special liability economy standards on new cars for the first waiver for MTBE producer who face lawsuits IN THE HOUSE OF REPRESENTATIVES time—rules that will be significantly more strin- from states and localities for polluting their Tuesday, November 18, 2003 gent than those in this country. This is great water supplies, thereby shifting cleanup costs Mr. UDALL of Colorado. Mr. Speaker, I can- news for the world—but what an embarrassing to taxpayers. not support this legislation. proof that we won’t even do as much for our Bad for the country, the bill is particularly We all know that this country is overly de- own national security and the environment. bad for the West. pendent on a single energy source—fossil That contrast speaks volumes about this Many of its provisions will directly and im- fuels—to the detriment of our environment, our bill’s priorities, which are the priorities of this mediately affect Colorado and other western national security, and our economy. To lessen Administration. States. We have important resources of oil this dependence and to protect our environ- This bill not only does nothing to decrease and gas, as well as great potential for solar ment, we must pass a bill that helps us bal- our dependence on oil—it also does almost energy and wind energy. I support energy de- ance our energy portfolio and increase the nothing to control demand. But increasing pro- velopment in appropriate places and in ways contributions of alternative energy sources to duction while ignoring demand is a recipe for that balances that development with other our energy mix. disaster. uses and such other vital resources as water Unfortunately, this bill doesn’t provide that The Administration boasts that this bill is a and the people, fish, and wildlife that depend balance. And for the most part it not only falls balanced approach because it would promote on it. Unfortunately, here again this bill does short of meeting the challenges of our time, in the development of renewable energy and en- not reflect the needed balance. many ways it can be described as an energy ergy efficiency technologies. But aside from a Instead, it combines big subsidies for en- policy for the nineteenth century. few provisions on electrical appliances and ergy development with lessening of the proce- Of course just as no bill is perfect, even this heating systems, the bill does little to promote dural and substantive requirement that have bill is not totally bad. energy conservation. And although there are been established to protect our lands, water, For example, I am pleased that legislation some tax incentives for renewable fuels, they and environment. I’ve initiated is being considered as part of this pale in comparison to the lavish tax breaks the Overall, the oil and gas title of the bill is in- bill. bills gives the oil and gas industry. tended to stimulate increased production from The bill includes the Federal Laboratory And for all we hear from the Administration both the Outer Continental Shelf and onshore Educational Partners Act of 2003, legislation I about the hydrogen provisions, the bill doesn’t lands. It combines a series of royalty reduc- tions, so companies will pay the public less for introduced with my colleague Rep. BEAUPREZ go far enough. It’s all well and good to author- that would permit the National Renewable En- ize billions of dollars to deploy hydrogen fuel the oil, gas, and other energy resources devel- oped on publicly-owned lands. ergy Laboratory and other Department of En- cell vehicles, but the bill includes no produc- It also would completely exempt oil and gas ergy laboratories to use revenue from their in- tion or deployment requirements or even goals construction activities—including roads, drill to ensure that a meaningful number of hydro- ventions to support science education activi- pads, pipeline corridors, refineries, and other gen vehicles will be delivered to consumers. ties in their communities. facilities—from the stormwater drainage re- The bill includes the Distributed Power Hy- As co-chair of the Renewable Energy and quirements of the Clean Water Act. brid Energy Act, a bill I introduced to direct the Energy Efficiency Caucus in the House, I de- It also has provisions designed to speed up Secretary of Energy to develop and implement fine a balanced bill as one that gives more establishing rights-of-way and corridors for oil a strategy for research, development, and than a passing nod to the development of al- and gas pipelines and electric transmission demonstration of distributed power hybrid en- ternative sources of energy. The Senate lines. Under section 350, within 2 years the ergy systems. It makes sense to focus our version of this bill included sensible provisions federal agencies are to designate new cor- R&D priorities on distributed power hybrid sys- to require large utilities to get modest amounts ridors for oil and gas pipelines and electricity tems that can both help improve power reli- of their power from renewable sources. Al- transmission and facilities on Federal land in ability and affordability and bring more effi- though 13 states have already passed their the eleven contiguous Western States of Ari- ciency and cleaner energy resources into the own versions of such a Renewable Portfolio zona, California, Colorado, Idaho, Montana, mix. Standard, and although the energy bill con- Nevada, New Mexico, Oregon, Utah, Wash- The bill includes my High Performance ferees just yesterday voted to include the RPS ington, and Wyoming. And it provides for a Schools Act, which would enable our school in the conference report, the Republicans pilot project to speed up the processing of fed- districts to build school buildings that take ad- stripped it out late last night. If this were really eral permits related to oil and gas develop- vantage of advanced energy conservation about jobs, as the Republicans claim, they ment in several parts of the BLM lands. This technologies, daylighting, and renewable en- would have retained the RPS provision— includes the Glenwood Springs Resource Area ergy to help the environment and help our which experts say could create millions of new in Colorado as well as areas in Montana, New children learn. As included in the conference jobs in this country. Mexico, Utah, and Wyoming. report, my bill would be expanded to help I won’t even get into some of the other Nothing in the bill would increase the re- state and local governments improve not only egregious provisions, such as the incentives in sources available to BLM or the other federal energy efficiency in schools, but also in public the bill for new nuclear and coal development, land managing agencies to carry out their buildings in general. and the repeal of the Public Utility Holding other responsibilities in connection with man- I am also pleased that this bill includes the Company Act, the main law to protect con- agement of the affected lands. As a result, this Clean School Buses Act, a bill that Chairman sumers from market manipulation, fraud, and bill has the potential to essentially repeal mul- BOEHLERT and I drafted that authorizes grants abuse in the electricity sector. tiple-use management and to make energy to help school districts replace aging diesel Nor will I complain in detail about process— development the dominant use on the public vehicles with clean, alternative fuel buses. the fact that Democrats were shut out of con- lands. But despite these bright spots, most of the ference proceedings, that we don’t even know Similarly, the bill includes a requirement for bill is bad policy—bad for the environment, the cost of this 1100-page bill that we were a study and report on opportunities to develop bad for the taxpayers, and bad for the country. able to review in its entirety only last night, renewable energy on the public lands and Na- Like its predecessor in the last Congress, that Republican conferees have essentially tional Forests as well as lands managed by this bill puts all its eggs in one basket, the been buying votes over the last week to en- the energy and defense departments—includ- wrong basket. For every step the bill takes to sure the bill’s passage. ing units of the National Wilderness Preserva- move us away from our carbon-based econ- An example of this vote-buying is the bill’s tion System and wilderness study areas, Na- omy, it takes two in the opposite direction. language to allow polluted areas to have more tional Monuments, National Conservation The bill fails to take any steps whatsoever time to reduce smog pollution but without hav- Areas, and other environmentally-sensitive to require that the nation reduce its depend- ing to implement stronger air pollution con- areas. At best, this is a prescription for con- ence on oil or improve the fuel economy of trols, placing a significant burden on states troversy. At worst, it threatens to open the our cars, trucks, and SUVs. In fact, the bill and communities down-wind of these urban door for incompatible development on lands makes it more difficult to update fuel economy areas. that should be left as they are.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.004 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2343 These are big steps backward. So is the While I am supporting passage of this au- TRIBUTE TO COLONEL MICHAEL provision that would allow geothermal-energy thorization, there are several provisions of this VACCA leases to be in effect converted into claims legislation that I oppose. The first regards civil under the Mining Law of 1872. service protections for civilian employees at HON. GARY G. MILLER In conclusion, Mr. Speaker, we need a well- the Department of Defense (DOD). H.R. 1588 OF CALIFORNIA designed policy to meet the challenges of our gives the DOD broad authority to strip almost IN THE HOUSE OF REPRESENTATIVES time, not a policy that will diminish our energy 700,000 civilian employees of fundamental security. With the Middle East—the world’s rights relating to due process, appeal and col- Wednesday, November 19, 2003 main oil-producing region—in turmoil, we must lective bargaining rights. This means the DOD Mr. MILLER of California. Mr. Speaker, I question the predictability of future foreign oil will be able to fire employees with no notice rise to pay tribute today to one of our Nation’s supplies. Fully 30 percent of the world’s oil and no opportunity to respond, prevent dis- finest young men who demonstrated excep- supply comes from the volatile and politically crimination actions from being heard by the tional courage and concern for our troops. unstable Persian Gulf region. Yet with only 3 Equal Employment Opportunity Commission, Colonel Michael Vacca of the United States percent of the world’s known oil reserves, we strip employees of their right to join a union Marine Corps is to be commended for his ac- are not in a position to solve our energy vul- and repeal the laws preventing nepotism. Civil tions, and I applaud him for his dedication to nerability by drilling at home. the American spirit. This bill does nothing to tackle this funda- service employees at DOD have defended our On the morning of August 26, 2003, one of mental problem. I only wish my colleagues in nation bravely and made enormous sacrifices the many brave soldiers from my district, Pri- the House could understand that a vision of a to support the military effort in Iraq. DOD clean energy future is not radical science fic- should not be given unlimited authority to vate First Class Daniel Humphreys, was in- tion but is instead based on science and tech- trample on their basic rights. jured while riding in a two-vehicle convoy heading north to Baghdad. When an Impro- nology that exists today. H.R. 1588 also unnecessarily weakens long- vised Explosive Device hit the rear vehicle of In much the same way that America set standing environmental protections at our mili- this mission, the vehicle’s tires were blown about unlocking the secrets of the atom with tary facilities by lowering the accountability out, the engine and steering systems were de- the ‘‘Manhattan Project’’ or placing a man on standard DOD must follow when recovering stroyed, and Private First Class Humphreys the moon with the Apollo program, we can imperiled species under the Endangered Spe- was severely wounded along with other Ma- surely put more public investment behind new cies Act. The new standard fails to ensure the energy sources that will free us from our de- rines. Private First Class Humphreys and his DOD’s conservation plans are actually effec- fellow Marines were taken to hospitals in Ger- pendence on oil. tive in assisting the recovery of imperiled spe- This bill would continue our addiction to fi- many and Iraq for treatment, and Colonel Mi- cies. H.R. 1588 also creates a far less protec- nite and politically unstable energy resources, chael Vacca showed a tremendous amount of while undermining public health, the environ- tive definition of ‘harassment’ of marine life by support for his Corpsmen that extended be- ment, and ultimately our national security military activities under the Marine Mammal yond the call of duty. itself. It should be rejected. Protection Act. This new definition allows DOD Not only did Colonel Vacca make regular f to avoid ensuring its activities are conducted visits to the hospital, he also notified the in a manner to minimize harm to marine life wounded soldiers’ loved ones and kept them SUPPORT OF THE CONFERENCE such as whales, dolphins, and sea lions. AGREEMENT ON THE DEFENSE informed of their progress. When a soldier AUTHORIZATION ACT (H.R. 1588) Although I fully appreciate the importance of was unable to send word home, Colonel Mi- military training and readiness, the DOD has chael Vacca did so with hope, enthusiasm and SPEECH OF not made the case that exemptions to impor- pride. HON. BETTY McCOLLUM tant and long-standing environmental laws are The men and women of our armed forces OF MINNESOTA necessary or that training is greatly impaired have been away from their families and IN THE HOUSE OF REPRESENTATIVES because of those laws. Furthermore, the friends defending democracy and freedom. Friday, November 7, 2003 President already has the authority to waive Colonel Michael Vacca has not only put his environmental laws if he deems it a matter of life on the line for his country, he has also Ms. MCCOLLUM. Mr. Speaker, I rise today national security, and not once has a waiver brought the spirit of his fellow Marines back in support of the Conference Agreement on requested by the President been turned down. home to their families. the Defense Authorization Act (H.R. 1588), Until our national security is at stake, no gov- Mr. Speaker, Colonel Michael Vacca is a and in support of our armed forces and the ernment agency—including the DOD—should true American hero, and this Congress should service men and women who defend our great be above laws that preserve our air and water celebrate his outstanding service and loyalty country, and their families. to the Marine Corps and the United States of Unlike the Iraq War Supplemental, which I and sustain America’s wildlife. America. opposed, the FY04 Defense Authorization bill This measure also authorizes $9.1 billion for the unproven and untested National Missile is not a ‘‘blank check’’ for the Administration. f Rather, this bill was carefully drafted to ad- Defense system. This costly program fails to dress many of our military’s most pressing address the rising threat of a chemical or bio- CLEAN WATER ACT ROLLBACKS needs. This legislation provides a substantial logical weapons attack by terrorists and will di- pay raise for service members, boosts military vert precious resources away from the very HON. HILDA L. SOLIS special pay and extends enlisted and reenlist- real human investments needed to keep our OF CALIFORNIA ment bonuses. Additionally, this legislation ex- military, intelligence agencies and domestic IN THE HOUSE OF REPRESENTATIVES tends the military’s TRICARE health coverage security agencies strong. I have voted time Wednesday, November 19, 2003 to National Guard and Reservists and their again to remove funding for the National Mis- families if such service members have been sile Defense system, but the Republican Ma- Ms. SOLIS. Mr. Speaker, I rise today to called to active duty. We need to assure our jority defeated each attempt. It is a mistake to bring attention to efforts by the Environmental military that as we continue to support their fund this unproven program while our citizens Protection Agency (EPA) to rollback the Clean readiness capabilities, we remember the per- at home are without the appropriate resources Water Act. sonal well being of the men and women in they need to respond to a terrorist attack on Several days ago, in the Los Angeles Times uniform as well as their families. American soil. and other newspapers, an internal EPA memo The FY04 Defense Authorization bill also was quoted saying that the EPA is preparing addresses the disabled veterans tax, or ‘‘con- I have met with National Guard members, a rule that would eliminate Clean Water Act current receipt’’, by ensuring a significant num- Reservists and regular military personnel who protections for, ‘‘Streams that flow for less ber of disabled veterans will no longer be sub- have chosen to put their lives on the line to than six months a year . . .’’ State and fed- jected to this unjust tax. As a cosponsor of protect our freedoms. They have sacrificed a eral officials have estimated that up to 20 mil- H.R. 303, the Retired Pay and Restoration tremendous amount, even when their service lion acres of wetlands would be lost. Act, I would have preferred the Defense Au- means putting their family’s financial solvency This preliminary rule would devastate the thorization bill include full concurrent receipt at risk. We owe them our support and our Southwest where many streams flow only sea- for all disabled veterans. However, this com- gratitude. sonally or after rain or snowmelts. In Los An- promise is an important step forward and will As I stated above, this is not a ‘‘blank geles County, our rivers are often only a trick- allow the House to continue working toward check’’ for the President. Rather, this legisla- le, since our community gets an average of 15 the full elimination of the disabled veterans tion will go a long way toward helping our inches of rainfall a year. And we are not tax. troops in their time of need. alone.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.007 E20PT1 E2344 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 Interior Secretary Gale Norton notes that, the world is dispelled, we cannot rest com- On behalf of the countless number of stu- ‘‘The American West is facing a serious crisis. fortably. Every invention, every improvement, dents, citizens, and legislators he has In the long run, we will not have enough water can be used for evil when held by men with touched, I want to thank Dr. Rozek for his to meet the fast-growing needs of city resi- hate-filled minds. The periodic table and com- years of dedicated service to liberty through dents, farmers, ranchers, Native Americans, puter code do not contain hidden lessons on classical liberal education. As the famous phi- and wildlife. The demand is increasing; the rooting out anti-Semitism and murder. New losopher Sidney Hook said of Dr. Rozek in the supply is not.’’ Unfortunately, the EPA must ministries and parliaments can be elected as dedication to his book, Academic Freedom have not gotten that memo because if our lim- fairly, and corrupted as easily, as the Reichs- and Academic Anarchy, Ed is truly an ‘‘embat- ited water supply is jeopardized, no one’s tag that brought Hitler to power. tled fighter for free men, free society, and a needs will be met. This Nation, and every nation of goodwill, free university against fascism, communism, I encourage the Bush Administration to must not be satisfied with spreading democ- and totalitarian liberalism.’’ throw this rule draft away and start fresh with racy and development. Without a commitment May God bless Dr. Edward Rozek and his guidelines that will protect our water supplies to fighting anti-Semitism, bringing murderers to epic legacy of service to free people every- so that our families are not left out to dry. justice, refusing to collaborate with evil, and where. f speaking out for the truth, true peace and f freedom in the Islamic world, and the rest of CONDEMNING THE RISE OF HIGH- this planet, cannot be obtained. EXPRESSING APPRECIATION TO TECH ANTI-SEMITISM THE ROMAN CATHOLIC CHURCH f FOR ITS SUPPORT OF STRONG HON. JON C. PORTER TRIBUTE TO DR. EDWARD ROZEK ANTI-DRUG POLICIES OF NEVADA IN THE HOUSE OF REPRESENTATIVES HON. MARILYN N. MUSGRAVE HON. MARK E. SOUDER OF COLORADO OF INDIANA Wednesday, November 19, 2003 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. PORTER. Mr. Speaker, I rise today to Wednesday, November 19, 2003 Wednesday, November 19, 2003 bring to the attention of the House an issue Mrs. MUSGRAVE. Mr. Speaker, I rise today Mr. SOUDER. Mr. Speaker, I rise to express that this House bravely stood against earlier to honor a great American, Dr. Edward Rozek, my deep thanks and appreciation to Pope this year, the rise of anti-Semitism. While we for his years of dedicated service to the cause John Paul II and the Roman Catholic Church understand the danger of anti-Semitism, I rise of freedom and democracy as a soldier, schol- for their unwavering support of a strong and today to remind the House of the possible ar, author, and college professor. consequences of anti-Semitism in the devel- Edward Rozek was 18 years old when Adolf balanced anti-drug strategy. Last month, at a oping world. Hitler conquered Poland. He decided to join European Union conference held in Dublin, Last month the House unanimously passed the Allied forces in the west and escaped Ireland, the Holy See submitted a statement House Resolution 409, condemning the anti- through Slovakia to Hungary, where he was outlining the Catholic Church’s approach to Semitic remarks of the former Prime Minister captured by the Nazis and spent several drug policy. As chairman of the Government of Malaysia, Doctor Mahathir Mohamad. This months in a slave labor camp. Reform Committee’s Subcommittee on Crimi- House joined international condemnation of Upon escaping from the Nazi camp, Rozek nal Justice, Drug Policy and Human Re- the hate-speech and stereotypes contained in made his way to England, where he joined the sources, I have long supported a vigorous but Doctor Mahathir’s speech. It seemed incon- First Polish Armored Division. He became a multipronged approach to reducing the ceivable that a man of such education and tank officer in the Armored Division’s Recon- scourge of drug abuse, emphasizing tough law leadership could sink to so low a level. naissance Regiment and fought from Nor- enforcement, effective prevention, and treat- Little noticed amid the well-earned con- mandy through Belgium. Achieving the rank of ment that works. I am submitting the Holy demnation of Dr. Mahathir’s comments was Major, Rozek was wounded four times and re- See’s statement for the RECORD, as I believe the rest of his speech. It surprised many to ceived four Purple Hearts, three Crosses of it provides an eloquent and timely defense of see that the remainder of the speech was a Valor, as well as numerous other decorations. those policies. call for advanced technical research, social In 1948 Dr. Rozek arrived in the United As the Vatican’s statement makes clear, the and political modernization, and the develop- States without family, money, or profession. problem of drug abuse is deeply rooted in the ment of first-rate communications in the Is- He was admitted to Harvard after earning spiritual crisis that has gripped much of mod- lamic world. These things are the very things money to pay tuition by working on a dairy ern society. We live in a culture that often that our country has been urging as a means farm and then at a gasoline station. In 7 finds itself incapable of educating our young of integrating these countries into the inter- years, he earned a Bachelor of Arts, Magna people in the values that give them an alter- national community. How can Dr. Mahathir cum Laude and Phi Beta Kappa, Master of native to drugs. ‘‘One of the most important share the means and yet call for such a dif- Arts, and his Doctorate of Philosophy. factors leading to drug abuse,’’ warns the ferent end? After leaving Harvard, Dr. Rozek became a statement, ‘‘is the lack of clear motivation, the Since the end of the Second World War, Professor of Comparative Governments at the absence of values, the conviction that life is anti-Semitism has not been seen as a disease University of Colorado. He was Director of not worth living.’’ We must ensure that our that modern countries are susceptible to. Slavic Studies for 25 years and Deputy Editor children are raised with the knowledge both of Many have forgotten how scientifically ad- for one of the most prestigious publications on their own self-worth and of their responsibility vanced Hitler’s Germany was, and how in- Eastern Europe in the world, Journal of Cen- to work for a better world. That knowledge is creases in knowledge were used to increase tral European Affairs. His best-known book is the best bulwark against drug abuse and other the murdering power of hate. Despite our Allied Wartime Diplomacy, for which he re- self-destructive behavior, and prevention ef- hopes to the contrary, science proved to be ceived the National Foundation Book Award. forts in our schools and communities must be values free, and the minds that could improve The students at the University of Colorado se- grounded in such an approach. the lot of all mankind were put to the work of lected him as Professor of the Year and Dis- But we must also make sure that we don’t killing as many defenseless people as pos- tinguished Faculty Member. send the wrong message to young people by sible. During the 1980 Presidential campaign, suggesting that governments tolerate the use For 50 years after the end of the war, we Rozek was a member of Ronald Reagan’s Ad- of drugs. I strongly agree with the Catholic kept close watch on the spread of technology, visory Council on Defense and Foreign Policy Church in its rejection of drug legalization. Le- and trained scientists on how not to become and is currently a member of the Reagan As- galizing the use of even the so called ‘‘lighter’’ a tool for evil. Science has brought the world sociates. He is an honorary member of Soli- drugs will only lead to the greater use of closer together than ever, and technology has darity, and received Knighthood in the Vener- stronger drugs. Nor can we afford to condone allowed the flowering of commerce and the able Order of St. John from Queen Elizabeth. drug abuse in a misguided attempt at ‘‘harm arts. Yet the lesson remains, that this is be- Presently, Dr. Rozek holds the Endowed reduction.’’ As the Vatican’s statement notes, cause we make it so, not because of any Garnsey-Rozek Professorship in Economic ‘‘The State should not assist its more vulner- moral value in technology itself. and Political Freedom at the University of able citizens to alienate themselves from soci- While our Nation prides itself on the great Northern Colorado. He will retire at the end of ety and ruin their lives.’’ advances being made in developing countries, this year. Dr. Rozek is married to Elizabeth Mr. Speaker, the problem of drug abuse is and the ease with which technophobia around and has two sons and four grandchildren. one of the most difficult facing lawmakers and

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.011 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2345 parents today. It is deeply rooted, and will re- ues capable of giving meaning to human ex- structional educational tool for the Colorado quire a great and continuing effort to keep it istence. community. This program has shown extraor- As far as treatment and reintegration into dinary dedication to teaching adults and chil- under control. But we must not give up—there society are concerned, my Delegation places is simply too much at stake. I thank the Catho- great importance on the work of assistance dren about the environment and conservation. lic Church for its ongoing support of that effort. and recovery communities. This is a matter It is my great honor today to recognize the de- INTERVENTION OF THE DELEGATION OF THE of helping drug addicts, in the midst of their votion and commitment of those involved with HOLY SEE AT THE MINISTERIAL CONFERENCE inner suffering and their state of anxiety, to the program. Congratulations on a well de- ON ‘‘NEW CHALLENGES FOR DRUG POLICY IN rediscover dignity, to take control of their served award. lives once more and to reintegrate them- EUROPE’’ f (Dublin, October 16–17, 2003) selves into their families and into society. An integrated system of services offered by CONFERENCE REPORT ON H.R. 2754, MR. CHAIRMAN: The Holy See is pleased to local agencies, institutions and educational participate in this Ministerial Conference ENERGY AND WATER DEVELOP- groups (family, school, community) should MENT APPROPRIATION ACT, 2004 sponsored by the Pompidou Group, for it sees increase the ability to bring effective aid to this as a fitting and encouraging opportunity the lives of young people who, once they are SPEECH OF to discuss and analyze the strategies in the freed from drug addiction, will be able to fight against the threat represented by drug avoid a relapse. Only the desire to be reborn HON. MARK UDALL abuse, as the Conference theme aptly sug- and the ability to heal will ensure that ‘‘re- OF COLORADO gests. covered’’ young people can return to a nor- IN THE HOUSE OF REPRESENTATIVES The data provided by the European Observ- mal life after having passed through the atory for Drugs and Drug Addiction in the frightening tunnel of drug addiction. Tuesday, November 18, 2003 2002 Annual Report on the Evolution of the An adequate policy in this regard must Mr. UDALL of Colorado. Mr. Speaker, I rise Drug Phenomenon in the European Union also address the ethical questions involved, in support of this bill. But I do have reserva- and Norway continue to raise alarms and in- seeking to place the problem in a wider an- dicate that the situation, instead of improv- thropological, ethical, social, political and tions about a number of provisions included in ing, is growing worse. economic context. Means and resources need it. Great concern is caused both by the con- to be set-aside for this purpose. As co-chair of the Renewable Energy and stant increase in the use of synthetic drugs Mr Chairman, allow me to conclude by re- Energy Efficiency Caucus in the House, I have and by the ever decreasing age at which drug affirming the willingness of the Holy See and worked for years to increase—or at a min- abuse is observed. the Catholic Church—with their extensive imum, hold steady—funding for DOE’s renew- Pope John Paul II, already in 1984, noted networks of institutions and structures de- able energy and energy efficiency research that ‘‘among the threats facing young people voted to the education, assistance and reha- and development programs. So I am dis- and all of society today, drug abuse is one of bilitation of drug addicts—to work with Eu- appointed that for yet another year, the bill the greatest, since it is a danger that is as ropean institutions in seeking together insidious as it is invisible, and one that is paths and means for a policy in the fight shortchanges these important clean energy not yet properly recognized according to the against drug abuse and addiction that will programs. extent of its seriousness’’. not only resist the criminal and subversive Given our finite supply of fossil fuels and in- If politics is at the service of the human phenomenon but will also take into consider- creasing global demand, investing in clean en- person and society, it must not fail to go to ation the moral issue of drug addiction and ergy is more important than ever. DOE’s re- the root of problems. This means grappling of a society that promotes a culture of soli- newable energy programs are vital to our Na- with the anxiety, that is, the existential cri- darity for life. tion’s interests, helping provide strategies and sis or apprehensions, that in a consumerist Thank you, Mr. Chairman. tools to address the environmental challenges and materialistic society finds rich soil for f we will face in the coming decades. By reduc- shattering the inner equilibrium in subjects who are particularly weak, fragile and sen- PAYING TRIBUTE TO GREAT SAND ing air pollution and other environmental im- sitive. There is no doubt that the phe- DUNES’ OUTDOOR EDUCATION pacts from energy production and use, they nomenon of drug abuse is connected with a PROGRAM also constitute the single largest and most ef- crisis of civilization and with great dejec- fective federal pollution prevention program. tion. One of the most important factors lead- Investments in sustainable energy tech- ing to drug abuse is the lack of clear motiva- HON. SCOTT McINNIS nologies meet multiple other public policy ob- OF COLORADO tion, the absence of values, the conviction jectives. Far from decreasing, U.S. depend- IN THE HOUSE OF REPRESENTATIVES that life is not worth living. ence on imported oil has increased to record Among the political measures to be adopt- Wednesday, November 19, 2003 levels over the past 25 years. These programs ed in the fight against this phenomenon, my Delegation would point out in the first place Mr. MCINNIS. Mr. Speaker, I would like to are helping to reduce our reliance on oil im- those aimed at combating illicit trafficking take a moment to honor the Great Sand ports, thereby strengthening our national secu- in drugs, controlled by powerful criminal or- Dunes National Park in Colorado for its award- rity, and also creating hundreds of new do- ganizations. This takes place in the larger winning Outdoor Education Program. Re- mestic businesses, supporting thousands of context of arms trade, terrorism and traf- cently, the Colorado Alliance for Environ- American jobs, and opening new international ficking in human beings. Such criminal ac- mental Education awarded the Great Sand markets for American goods and services. tivity goes beyond national borders and Dunes with the Governmental Environmental While these technologies have become in- therefore requires a concerted policy of Education Award for Excellence for 2003. The creasingly cost-competitive, the pace of their international cooperation. penetration into the market will be determined Faced with the many suggestions and deci- Outdoor Education Program is an excellent sions made in different national contexts for source of information and entertainment for all largely by government support for future re- the purpose of resolving the problem, the who enjoy nature and have an interest in wild- search and development as well as by assist- Holy See does not agree with the proposal to life. I would like to join my colleagues here ance in catalyzing public-private partnerships, legalize the circulation and distribution of today in recognizing the tremendous service leading to full commercialization. drugs, not even so-called light drugs. We provided to the Colorado community by the For our investment in these technologies to must not fail to take into account the risk of Great Sand Dunes Outdoor Education Pro- pay off, our efforts must be sustained over the moving from the use of light drugs to the use gram. long term. This bill does not do that. This bill of those with more destructive effects. The The Great Sand Dunes have offered edu- is fully $75 million less than last year’s bill in State should not assist its more vulnerable the area of research energy research. Much of citizens to alienate themselves from society cation programs for almost twenty years. Staff and ruin their lives. members and volunteers enthusiastically pro- this reduction is used to fund a new Office of Rather, the Holy See encourages above all vide research and expertise for service-learn- Electricity Transmission and Distribution. Cuts the promotion of preventive information and ing projects, field trips, outreach events and to renewable energy accounts are also used education, and the possibility of the proper workshops that encourage environmental to boost hydrogen programs fully $38 million treatment and reintegration into society of awareness in the community. The educational above last year’s levels. Although I’m certainly those who unfortunately fall prey to drug ad- program works in conjunction with the U.S. supportive of both the electricity and hydrogen diction. Fish and Wildlife Service, the U.S. Forest programs, I believe they should be additive to More resources should be destined to the application of preventive and educational Service and the Nature Conservancy, in order take advantage of the synergies they present measures in the family, in schools, in sports to provide students and instructors with the with the other important and established pro- clubs and in society in general. There is a latest and most accurate information. grams at DOE. Instead, the bill cuts biomass/ need for placing renewed emphasis on the Mr. Speaker, the Great Sand Dunes Out- biofuels by $14.4 million, solar energy by $9.4 human values of love and life, the only val- door Education Program is an exciting and in- million, and geothermal by $3.8 million.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.014 E20PT1 E2346 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 I believe that the reductions in funding lev- and participate in parades. Many take time to THE PASSING OF REGINALD els for the core renewable energy programs visit schools in their area, talking to students ARTHUR STONE are ill-advised at a time when the need for a about the Korean War and answering ques- secure, domestic energy supply is so crucial. tions about military service. Recently, a large HON. HILDA L. SOLIS Clean energy technologies have a critically im- group ascended on Washington, D.C. to par- OF CALIFORNIA ticipate in Veterans Day events and to mark portant role to play in promoting public health IN THE HOUSE OF REPRESENTATIVES and enhancing the energy security of the na- the 50th anniversary of the end of the Korean tion by promoting fuel diversity, harnessing War. In D.C., they participated in the wreath- Wednesday, November 19, 2003 safe and abundant domestic resources, and laying ceremony at Arlington Cemetery and Ms. SOLIS. Mr. Speaker, I rise to pay trib- expanding the use of small-scale, dispersed took a tour of the U.S. Capitol, among other ute to Mr. Reginald Arthur Stone who passed technologies. things. I am inspired by their continued patriot- away on November 12th at the age of 67. Mr. Overall, the bill provides necessary funding ism and commitment to their families, the Stone was a loving husband to his wife Judy, for some important Army Corps of Engineers United States, and each other. the father of two and the grandfather of five. projects and for DOE’s Office of Science and As a former Minnesota State Legislator, I In addition to being a community leader, Mr. non-proliferation programs. It also includes had the distinct privilege to help enable the Stone was known as a person who could cre- critical funding for defense environmental creation of a memorial to Minnesota’s Korean ate compromise out of chaos. management programs—in particular, funding War veterans, that stands today at the Min- Reginald ‘‘Reg’’ Stone was the longtime for Rocky Flats, the former weapons produc- nesota State Capitol. Near this grand memo- chairman of the Main San Gabriel Basin Water tion site in Colorado. Funding in this bill keeps rial is a time capsule, to be opened 100 years Master Board of Directors, where he was a Rocky Flats on track for finishing cleanup and after its burial. In it lie a U.S. flag, pictures and key figure in negotiations that led to a $250 closure by the end of 2006. other memorabilia commemorating our war million cleanup agreement with industrial com- So on balance, Mr. Speaker, I believe this veterans and the important news of our day. panies that polluted the area’s groundwater. bill contains more good than bad. Although I The capsule also holds a letter to future gen- Because of his gentle, yet determined efforts, am not satisfied with the levels of funding in erations of Americans. The letter asks those thousands of homes will have cleaner water this bill for DOE’s clean energy programs, I who read it to never forget the events of the and the health of working families will be im- will continue to work to increase funding for past, and expresses hope that when the cap- proved. these programs in years to come. sule is opened, our nation and the world will In addition to serving on the Main San Ga- be at peace. I, like all Americans, share the f briel Basin Water Master Board of Directors, optimism that when this letter is next read, the he worked for 43 years at Suburban Water RECOGNIZING THE SACRIFICE OF hope of its authors has become reality. Systems. Starting off as a meter reader, Mr. OUR VETERANS I ask all Americans to never forget those of Stone rose to senior Vice President at the the ‘‘forgotten’’ war in Korea. At a minimum, time of his death. More importantly than his HON. BETTY McCOLLUM Congress should grant the Korean War Vet- title, however, is that he is remembered as a erans Association a Federal Charter, allowing OF MINNESOTA person who was liked and appreciated by all the Association to expand its mission and fur- IN THE HOUSE OF REPRESENTATIVES and was able to bring even the most adver- ther its charitable and benevolent causes. Wednesday, November 19, 2003 sarial people together with the belief that you Specifically, it will afford the Korean War Vet- should start to negotiate from common Ms. MCCOLLUM. Mr. Speaker, earlier this erans Association the same status as other ground. month our Nation took the time to honor and major veterans organizations and would allow Reg Stone will be missed by all who knew recognize the tremendous sacrifice our vet- it to participate as part of select committees him and our prayers are with his family during erans have given to protecting our freedom with other Congressional chartered veterans this time of mourning. and safeguarding democracy for us all. During and military groups. While they seek no rec- f this special time, it is important we remember ognition for what they have done, it is impor- all our veterans and thank them for their serv- tant their story is told and the debt of their HONORING DON LAUGHLIN, ice. service is remembered. FOUNDER OF LAUGHLIN, NEVADA Today, however, I would like to specifically Thank you to all our Korean War Veterans. recognize our Korean War Veterans and their Your commitment to our country is greatly ap- HON. JON C. PORTER service to the United States. preciated. OF NEVADA The Korean War resonates deeply with f IN THE HOUSE OF REPRESENTATIVES many Minnesota families. Through the dura- TRIBUTE TO THE CITY OF LA tion of the conflict, close to 95,000 Minneso- Wednesday, November 19, 2003 HABRA HEIGHTS, CALIFORNIA tans served their country with honor and cour- Mr. PORTER. Mr. Speaker, I rise today to age, with 749 paying the ultimate sacrifice. HON. GARY G. MILLER honor the founder and namesake of one of the Countless others lost their lives training for fastest growing, most dynamic communities in OF CALIFORNIA service in Korea. One hundred seventy remain my district, Don Laughlin. On Friday the com- IN THE HOUSE OF REPRESENTATIVES missing. They were our fathers, mothers, munity of Laughlin will join together to cele- brothers and sisters. Their service was integral Wednesday, November 19, 2003 brate the unveiling of a statue of Don that will in ensuring that the long arm of communism Mr. GARY G. MILLER of California. Mr. greet visitors to the many gaming, entertain- would stretch no farther than the 39th parallel Speaker, I rise to pay tribute today to the City ment, and recreational opportunities in the city and their sacrifices enabled countless num- of La Habra Heights, California, as their com- along the Colorado River he created just a few bers of Americans and Koreans to raise their munity celebrates 25 years of cityhood this decades ago. Don is a visionary leader, and I families and live their lives in freedom. year. urge the House to join with the thousands of As we reflect on their service, it is important Since incorporating on December 4, 1978, residents, and millions of visitors to Laughlin to remember that the armistice ending military La Habra Heights has succeeded in maintain- who celebrate his permanent contribution to action in Korea signaled an end to the fighting, ing a quality environment for its residents by the landscape and culture of Nevada and our but not the war. Today, 37,000 U.S. military providing excellent municipal services and country. personnel remain in South Korea to supple- keeping a strong community spirit alive. The f ment the 650,000-strong South Korean armed citizens of La Habra Heights continually dem- forces. These men and women serve to pro- onstrate their enthusiasm for their City by ac- TRIBUTE TO CONAGRA FOODS— tect America’s economic and political interests tively participating in local government and fu- LONGMONT FACILITY in the region, while ensuring our national se- ture city planning. It is indeed my honor to curity by providing a counter-balance to North represent the residents of this beautiful city, HON. MARILYN N. MUSGRAVE Korea. The dangers our U.S. soldiers in South who have contributed much of their time to- OF COLORADO Korea face are very real and the merits of wards the betterment of their community. IN THE HOUSE OF REPRESENTATIVES their courage is tested everyday. Mr. Speaker, on this very special year for In Minnesota, the Korean War veterans re- the City of La Habra Heights, please join me Wednesday, November 19, 2003 main very active. They visit hospitals, are ac- in commemorating their twenty-fifth anniver- Mrs. MUSGRAVE. Mr. Speaker, I rise today tive in their local VFW and American Legion sary. to recognize the outstanding achievement of

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.017 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2347 ConAgra Foods—Longmont Facility in Marcia nor Judy can make it tomorrow— MEMORANDUM Longmont, Colorado in the field of occupa- Marcia has a board meeting and Judy, a fam- To: Senator Durbin. tional safety and health. I also commend Ms. ily emergency. From: Stephanie Sparks, the Complex Safety & We expect that the agenda will include a Date: June 5, 2002. Health Manager for this facility, and her team discussion of: (1) delaying a hearing for Den- Re: Meeting with Civil Rights Leaders to nis Shedd, a nominee to the Fourth Circuit, Discuss Judicial Nominations Strategy for their continued excellence. Thursday, June 6, 5:30 p.m., Russell 317. Recently, the Occupational Safety and who Sen. Leahy would like to schedule on Senator Kennedy has invited you and Sen- Health Administration (OSHA) awarded this fa- June 27th; (2) which circuit court nominees should be scheduled prior to adjournment; ator Schumer to attend a meeting with civil cility with the agency’s approval as a Merit and, (3) our next big fight. rights leaders to discuss their priorities as participant in the Voluntary Protection Program the Judiciary Committee considers judicial (VPP). This exceptional facility joins fewer SCHEDULE nominees in the coming months. This meet- ing was originally scheduled for late Wednes- than 850 worksites under Federal jurisdiction At present, there is only one noncontrover- day morning. that have received this prestigious award. sial circuit court nominee (with a complete To achieve important recognition, ConAgra This meeting is intended to follow-up your file and blue slips) who has not already been meetings in Senator Kennedy’s office last has demonstrated an exemplary record of scheduled for a hearing. This nominee is fall. The guest list will be the same: Kate workplace safety and health, achieving injury John Rogers (6th Circuit), who Senator Michelman (NARAL), Nan Aron (Alliance for and illness rates well below the industry aver- Leahy will likely schedule for a hearing on Justice), Wade Henderson (Leadership Con- age. June 13th. In addition, there have been two ference on Civil Rights), Ralph Ncas (People ConAgra continually exceeds industry per- recent nominees to the 2nd Circuit and to For the American Way), Nancy Zirkin formance records and sets extremely high the Ninth Circuit, whose records are now (American Association of University standards for their competition. I am very being researched, and who may prove to be Women), Marcia Greenberger (National noncontroversial. proud to represent such a commendable Colo- Women’s Law Center), and Judy Lichtman Senator Leahy would then like to schedule (National Partnership). rado facility. Congratulations to ConAgra for The meeting is likely to touch upon the another job well done. Dennis Shedd on June 27th, Judge Priscilla Owen after the July 4th recess, and Miguel following topics: f Estrada in September. —Their floor strategy for opposing D. Brooks Smith, who was voted out of Com- THE IMPACT OF LEFT-WING SPE- The groups should be encouraged to pro- mittee 12–7. CIAL INTEREST GROUPS ON THE pose some specific nominees who can be —Their concerns with Dennis Shedd, a con- JUDICIAL NOMINATION PROCESS moved forward before adjournment. Clearly, troversial 4th Circuit nominee from South there are few nominees who are non- Carolina—Under pressure from Senator HOL- controversial, but the groups should be LINGS—who apparently is backing SHEDD be- HON. MARK E. SOUDER pushed on whether they would agree on a cause the trial lawyers want him off the dis- OF INDIANA hearing for some controversial nominees trict court bench—Chairman Leahy is plan- IN THE HOUSE OF REPRESENTATIVES such as Steele, Tymkovich, or Michael ning to hold a hearing in late June. The Wednesday, November 19, 2003 McConnell (for whom Leahy has already groups would like more time to read through promised a hearing), on the theory that SHEDD’s many unpublished opinions, which Mr. SOUDER. Mr. Speaker, yesterday I in- these nominees are less problematic than were only recently provided to the Com- troduced into the RECORD several memos writ- others. mittee, and to request court transcripts. Based on a preliminary review, this nominee ten by Democratic Congressional staff illus- SHEDD trating how deeply politicized the process of poses a number of problems: he has narrowly appointing new judges to the Federal bench Senator Leahy has told the groups that he interpreted Congress’s power under the 14th would like to have a hearing on Dennis Amendment (in one instance, he was unani- has become. Today I am introducing two more mously reversed by the Supreme Court); he such memos—which were reported by the Shedd this month. Senator Hollings is sup- portive of Dennis Shedd’s nomination and is, has a long track record of dismissing civil Wall Street Journal last week—which further reportedly, pressuring Senator Leahy to rights claims; he once revoked indigent sta- reveal the damage that a handful of liberal move forward on a hearing. The groups have tus for a litigant who used her mother’s com- special interest groups are inflicting on that strong concerns about Shedd. He is quite bad puter and fax machine to file pleadings; and process. on civil rights and federalism issues, and he he has made insensitive comments about the The memos show how much influence is has hundreds of unpublished opinions that Confederate flag. —The Judiciary Committee’s schedule for being wielded by left-wing fringe groups like have not yet been reviewed. The groups are the summer and fall. In spite of the White opposed to having a hearing on him this the so-called People for the American Way House’s intransigence, the Committee con- month in part because they do not believe and the Alliance for Justice, and extreme pro- tinues to schedule hearings at a rapid pace— that they will be able to do an adequate re- abortion groups like the National Abortion every two weeks through the end of the ses- view of his extensive record by June 27th, Rights Action League (NARAL). These groups sion. Bruce Cohen has outlined the following particularly given that they are gearing up schedule: apparently were called on to dig up dirt on to oppose Judge Owen. President Bush’s judicial nominees, and were June: Rogers (6th Circuit-KY); Shedd (4th allowed to dictate which nominees to oppose We believe that you should hear the Circuit-SC) groups’ concerns regarding Shedd, but that July: Owen (5th Circuit-TX); Raagi (2d Cir- and when to schedule them. One nominee you should strongly encourage the groups to cuit-NY) was only supported because another liberal work with South Carolina groups and indi- Sept: Estrada (DC Circuit); possibly Bybee special interest group, the trial lawyers’ lobby, viduals to apply pressure on Senator Hol- (9th Circuit-NV) (backed by Reid) wanted to remove him from the trial bench to lings. We know that some of the groups, in- Oct: McConnell (10th Circuit-UT) Leahy has effectively promised that OWEN, the appellate bench. Taken together, these cluding LCCR and the NAACP will meet with ESTRADA, and MCCONNELL would get hearings memos show the unhealthy influence these Sen. Hollings on Thursday regarding Shedd, this year. Like SHEDD, these three will gen- but more pressure will likely need to be ap- groups are having on the federal judiciary—a erate significant opposition and controversy. plied because Sen. Hollings is quite com- judiciary that is supposed to serve all the The groups feel that OWEN is vulnerable to mitted to moving Shedd this month. American people, and not just a few special defeat, but ESTRADA and MCCONNELL will be interests. Recommendation: Encourage groups to hard to vote down in Committee. MEMORANDUM work with South Carolina groups to influ- —The White House’s unwillingness to com- ence Sen. Hollings. promise. On NPR this week, White House JUNE 4, 2002. Counsel Alberto Gonzalez said: To: Senator Kennedy. OUR NEXT BIG FIGHT I’m not sure this [judges] is an area where Subject: Meeting with Groups on Judges— there should be a great deal of compromise Wednesday, 11:50 a.m. The current thinking from Senator Leahy is that Judge Owen will be our next big fight, on principle. Regrettably, . . . we may have As you know, the meeting with the groups after July 4th recess. We agree that she is to be patient and wait to see what happens in to discuss the strategy on judicial nomina- the November election. And that may be the right choice—she has a bad record on tions is scheduled for tomorrow at 11:50. viewed as a sort of crass political assessment labor, personal injury, and choice issues, and Both Senator Schumer and Senator Durbin but that is in fact true. One way to get this a broad range of national and local Texas will be able to attend. The six principals who thing moving is to take back the Senate so groups are ready to oppose her. The groups will attend are: (1) Wade Henderson, (2) that we can at least get our judges onto the seem to be in agreement with the decision to Ralph Neas, (3) Leslie Proll of the NAACP full Senate floor. LDF, (4) Nancy Zirkin, (5) Nan Aron, and (6) move Owen in July. At the moment, a number of Democrats— Kate Michelman. It turns out that neither Recommendation: Move Owen in July. Edwards, Graham, Nelson (FL), Levin,

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.022 E20PT1 E2348 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 Stabenow—are in stalled negotiations with PERSONAL EXPLANATION I was also touched by the response to the the White House over judges. article. Over 6,000 readers took the time to HON. JOHNNY ISAKSON write Good Housekeeping in support of na- f OF GEORGIA tional minimum standards for punishing repeat HONORING SAMUEL FISHER FOR IN THE HOUSE OF REPRESENTATIVES offenders. This outpouring leaves no doubt HIS HEROIC SERVICE IN WORLD Wednesday, November 19, 2003 about where Americans stand on tougher pen- WAR II alties for chronic drunk drivers. Mr. ISAKSON. Mr. Speaker, I was unavoid- More than 40 people die daily from drunk ably detained yesterday and missed the votes. driving. We should do all we can to prevent HON. JON C. PORTER Had I been present I would have voted as fol- such tragedies. I encourage my colleagues to lows: Rollcall number 620—‘‘yes’’; rollcall OF NEVADA listen to the voices of Good Housekeeping’s number 621—‘‘yes’’; rollcall number 622— IN THE HOUSE OF REPRESENTATIVES readers and support swift passage of the Bur- ‘‘yes’’; and rollcall number 623—‘‘yes.’’ ton Greene bill. Wednesday, November 19, 2003 f f Mr. PORTER. Mr. Speaker, I rise today to AMERICANS PUSH FOR RENEWED CONFERENCE REPORT ON H.R. 6, honor my constituent, Samuel Fisher, for his FIGHT AGAINST DRUNK DRIVING ENERGY POLICY ACT OF 2003 heroic service in World War II. As a rifleman with Company B, 49th Armored Infantry Bat- HON. NITA M. LOWEY SPEECH OF talion, Eighth Armored Division he helped par- OF NEW YORK ticipate in the final drive of the American and IN THE HOUSE OF REPRESENTATIVES HON. TAMMY BALDWIN Allied armies that drove the Nazis from France OF WISCONSIN Wednesday, November 19, 2003 and ended Hitler’s rule over Germany. He, IN THE HOUSE OF REPRESENTATIVES and the other brave soldiers of the 49th Ar- Mrs. LOWEY. Mr. Speaker, Congress has Tuesday, November 18, 2003 mored Infantry, were instrumental in capturing made good progress over the past 20 years in the Ruhr Valley, the center of the German ar- combating drunk driving, culminating when we Ms. BALDWIN. Mr. Speaker, yesterday, this mament industry. By capturing the Ruhr, they passed legislation creating a national .08 House considered H.R. 6, the Energy Policy deprived the Nazis of the weapons they had blood alcohol content level in 2000. I am Act of 2003. Our country has been waiting al- used for so long to bring oppression and pleased that New York recently passed .08, most three years for a sound and comprehen- death across Europe. I am proud to represent which will save 500–600 lives in the U.S. an- sive energy bill, and I am sad to say that they Samuel Fisher, and so many other American nually when it is adopted by all states. All but will still be waiting if H.R. 6 is signed into law. It was my hope that rolling blackouts in Cali- heroes from the Second World War, and urge a handful of states have .08 laws on the fornia three years ago, the terrorist attacks on this House to join me in thanking Samuel books—a testament to the effectiveness of the September 11 two years ago, and the massive Fisher and all World War II veterans for saving sanction. blackouts in the northeast this past August our country, and the world, from fascism. Despite this progress, a disturbing compla- cency about drunk driving seems to have set- would have provided Congress with the will and fortitude to pass a truly comprehensive f tled upon the nation. In 2002, alcohol-related fatalities rose for the third year in a row, and energy bill. This bill should have presented a PAYING TRIBUTE TO NANCY now account for well over 40 percent of all clear vision of what our energy policies should RATZLAFF traffic fatalities. Last year, drunk driving took be well into the 21st century; provided us with nearly 18,000 lives. Public policy experts are the tools and resources to reduce our depend- HON. SCOTT McINNIS now beginning to grasp the full economic ence on foreign oil and improve the security of costs of drunk driving. When one factors our nation; and made investments in alter- OF COLORADO health care costs, lost work time, collision re- native and renewable fuels to provide better IN THE HOUSE OF REPRESENTATIVES pairs, and insurance, the price tag exceeds answers to our energy needs than simply en- Wednesday, November 19, 2003 $200 million annually. couraging more drilling and more pollution. It Almost 6 years ago, a constituent, Burton is crystal clear that H.R. 6 fails on all these Mr. MCINNIS. Mr. Speaker, it is with great Greene, was killed by a repeat offender with counts. pride that I rise today to pay tribute to a tal- a .18 blood alcohol content. Mr. Greene’s The Republican leadership crafted this ented artist from Craig, Colorado. Nancy death inspired me to introduce legislation re- 1,700-page bill in secret and sold out to spe- Ratzlaff uses her creative gift to inspire people quiring tougher penalties for repeat offenders cial interests. For months, Republican leaders to think outside the box. Her enthusiasm spi- and high-BAC drivers. presided over meetings in which they were rals through the community as she passes her About one-third of all drunk drivers are re- supposed to be laying the foundation for the knowledge of art to her students. I would like peat offenders. Unfortunately, the lack of a na- nation’s long-term energy priorities. Instead, to join my colleagues here today in recog- tional minimum standard for punishing repeat they chose to negotiate the bill alone, refusing nizing Nancy’s tremendous service to the offenders and high-BAC drivers has created even to tell their Democratic colleagues where Craig community. an easily exploitable, unwieldy patchwork of or when important sessions were being held. At sixty-one years old, Nancy Ratzlaff has laws that varies from state to state. My legisla- I believe that cowering under the cloak of been painting for more than 4 decades. She is tion would require states to pass laws that em- darkness and cutting backroom deals are not both a commissioned artist and a teacher of ploy a comprehensive approach to fighting the ways a bill of this magnitude should be de- her trade. Three years ago, Nancy suffered a drunk driving, including license restrictions, ef- bated, discussed, and crafted. heart attack that caused her to lose her leg fective vehicle sanctions, treatment programs, The Energy Policy Act makes a number of and spend 5 months in the hospital. However, ignition interlocks, fines, and imprisonment. changes to our nation’s electricity system. The despite cumbersome crutches and an artificial This comprehensive system of penalties builds blackouts that wreaked havoc across parts of leg, she continues to find time to teach paint- on the recommendations of numerous studies, the Midwest and Northeast four months ago ing at Craig’s Colorado Northwest Community as well as measures proven to be effective on prompted legislators to include much-needed College. Nancy encourages her students to the state and local level. electricity reliability standards in the final bill. I learn from each other and let art open them I am proud that Good Housekeeping maga- believe this is a good first step in improving up to new challenges. She maintains that ev- zine, which has always tackled the leading the transmission and distribution of the elec- eryone has a creative drive inside because issues of the day, has become a partner in the tricity that powers our homes and businesses. anyone who can dream can create. effort to combat drunk driving. An article about Despite this sound provision, H.R. 6 is wrong Mr. Speaker, Nancy Ratzlaff is a dedicated Brigid Kelly, a young woman killed by an im- to repeal the Public Utility Holding Company individual who uses her talent to enrich the paired driver with a suspended license, ap- Act (PUHCA). PUHCA was designed to over- lives of members of her Craig community. peared in the July 2003 issue of the maga- see mergers and prevent power companies Nancy has demonstrated a love for art that zine. Brigid’s senseless death, which has from investing in unrelated businesses. resonates in her compassionate and selfless brought untold grief to her family and friends, PUHCA has been the linchpin in protecting in- service to her town. Nancy’s enthusiasm and is a wake up call to the nation and a powerful vestors and consumers from market fraud and commitment certainly deserve the recognition reminder of the stakes in the battle against abuse by utilities. By repealing PUHCA and of this body of Congress. drunk driving. not replacing it with a better alternative, the

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.025 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2349 risk of future Enron-type abuses increases ex- not add up to a policy that I believe will come would reduce our dependence on foreign ponentially and our constituents will be the vic- close to meeting our future energy needs. sources of oil. tims. While it took three years to finish this energy f I am pleased H.R. 6 does not include lan- bill, it is my fear that Congress will spend the guage that would allow drilling in the Arctic next several decades fixing the problems this PERSONAL EXPLANATION National Wildlife Refuge (ANWR) or allow for bill could eventually create. an inventory of oil reserves in our nation’s f HON. STEVE KING Outer Continental Shelf—but, any benefits of OF IOWA IN REMEMBRANCE OF LILLIAN this bill provides our environment stop there. IN THE HOUSE OF REPRESENTATIVES The bill expedites the approval of permits for KESSLER Wednesday, November 19, 2003 drilling and mining on federal lands. H.R. 6 also exempts oil and gas drilling activities from HON. FORTNEY PETE STARK Mr. KING of Iowa. Mr. Speaker, I was ab- some of the major tenants of the Clean Water OF CALIFORNIA sent during rollcall votes 620, 621, 622 and Act, such as exempting the industry from cer- IN THE HOUSE OF REPRESENTATIVES 623. Had I been present, I would have voted ‘‘aye’’ on 620, 621, 622 and 623. tain requirements when they inject diesel fuel Wednesday, November 19, 2003 and other harmful chemicals underground f when drilling. Mr. STARK. Mr. Speaker, I rise to pay trib- The most egregious provision of this bill ute to my longtime friend Lillian Kessler. It is PAYING TRIBUTE TO MARILYN A. grants the producers of MTBE, a gasoline ad- with sadness that I announce Lillian’s recent HALL ditive that pollutes underground drinking water, passing. She resided in my 13th congressional a liability waiver. While the bill phases out the district and I was pleased and proud to have HON. SCOTT McINNIS use of MTBE over the next decade, it makes her support and friendship for many years. OF COLORADO taxpayers pick up the bill for cleaning up the As a truly committed political and commu- IN THE HOUSE OF REPRESENTATIVES mess. More incredulously, the bill provides the nity activist, Lillian spent years volunteering in Wednesday, November 19, 2003 producers of MTBE $2 billion in subsidies to the community and working tirelessly to elect help them convert MTBE into other types of individuals to public office. She was proud to Mr. MCINNIS. Mr. Speaker, it is with great chemicals. I believe this is simply unaccept- call herself a Democrat for more than 50 pride that I rise today to pay tribute to a re- able. Polluters should be made to clean up years. Lillian and her husband Mike were the markable woman from my district. Marilyn Hall and pay for their messes, not the American first two people to encourage me to seek my of Cortez, Colorado is a dedicated public serv- taxpayer. present office in Congress. ant who has devoted many years to promoting Altogether, the energy proposal includes Lillian was an active member in the Hay- safety and order in her community. Marilyn $23 billion in tax giveaways over 10 years and ward Demos Democratic Club. Her fellow club has a friendly soul and touches the heart of calls for tens of billions of dollars in additional members describe her as ‘‘a tower of strength everyone she meets. I would like to join with spending. The Republican leadership rejected for their club, the Democratic Party and pro- my colleagues here today in recognizing Senate provisions that would have partially gressives everywhere. She was a quintessen- Marilyn’s tremendous service to the Cortez paid for these costs, despite a deficit in the tial activist, organizing precinct walking, phone community. federal budget that could top $500 billion this banks, fundraisers, all the necessary jobs to Marilyn served the Cortez Police Depart- year. Two-thirds of the tax breaks would go to run and win grassroots campaigns.’’ ment for 29 years. She began as a dispatcher the oil, natural gas and coal industries, helping I shall remember with fondness and admira- and then moved to records before retiring. to perpetuate the country’s dependence on tion Lillian’s passion, strength and persever- Marilyn was excellent at her job and was in- fossil fuels. Less than a quarter of the tax ance to make a difference. She believed that strumental making the system of city and breaks would promote the use and develop- just one progressive idea or action, no matter county record keeping significantly more effi- ment of renewable-energy sources, and less how small, could strengthen each and every cient. In her retirement, Marilyn is an active than a tenth would reward energy efficiency or community for the better. community member who is a vigorous advo- conservation. Lillian will be sorely missed by me and all cate for Mothers Against Drunk Drivers. In ad- It makes no sense to lavish billions of dol- who knew her. My thoughts and condolences dition to volunteer work, Marilyn will spend her lars in subsidies to companies that consist- are with her husband Mike and her children, retirement with her many loving family mem- ently earn large profits every year. The bill Civia and Stuart. bers and friends. does encourage the use of some alternative f Mr. Speaker, Marilyn Hall has shown incred- fuels such as ethanol—which I strongly sup- ible dedication in her service to the Cortez port—and $2.5 billion to boost development of CONFERENCE REPORT ON H.R. 6, community. Marilyn’s friendly assistance to hydrogen-powered vehicles. However, the ENERGY POLICY ACT OF 2003 others is a shining example of what it means money allocated for renewable and alternative to be a good citizen. It is my great honor SPEECH OF fuel development is a mere pittance of what is today to recognize her excellent work ethic given to producers of traditional sources of en- HON. CAROLYN B. MALONEY and selflessness before this body of Con- ergy. OF NEW YORK gress. Thanks Marilyn, you will be missed. This bill is equally bad for what it does not IN THE HOUSE OF REPRESENTATIVES f contain: the legislation does almost nothing to reduce the nation’s dependence on foreign Tuesday, November 18, 2003 H.R. 2205: NATIONAL MUSEUM OF gas and oil and nothing to reduce global Mrs. MALONEY. Mr. Speaker, I rise today in AFRICAN AMERICAN HISTORY warming. For example, this bill does not in- opposition to this conference report. H.R. 6 AND CULTURE ACT crease the fuel efficiency standards for cars contains several harmful provisions including and trucks. The bill may even wind up low- exempting the producers of MTBE from prod- HON. GREGORY W. MEEKS ering the current 27.5 miles per gallon aver- uct liability claims and repealing the Public OF NEW YORK age since it discourages tougher standards. It Utility Holding Company Act, which limits IN THE HOUSE OF REPRESENTATIVES also scraps a Senate plan that would have re- mergers between utilities companies. Addition- Wednesday, November 19, 2003 quired electric utilities to generate more of ally, the conference report does not prioritize their power from renewable sources like wind the use of renewable resources by large utili- Mr. MEEKS of New York. Mr. Speaker, I and solar energy by 2015. Finally, outside of ties to generate power. H.R. 6 rolls back im- rise to express my unparalleled support for a few provisions on electrical appliances and portant safeguards in the Clean Water Act and this bill. However, I do not feel that this bill is heating systems, the bill does not significantly the Safe Drinking Water Act which are critical complete in its entirety. Provisions concerning encourage energy conservation. in keeping the nation’s waterways safe for a feasibility study for a future sister museum Instead of creating and carrying out a vision people and wildlife. The country needs an en- facility at the site of the African Burial Ground in this bill, lawmakers have put together a jig- ergy policy that reduces pollution, protects in New York City, which were present in the saw puzzle with hundreds of unrelated pieces consumers, and reduces the burden on the Lewis/Watts bipartisan piece of legislation in crammed together. A few initiatives are worth- nation’s electricity grid. This bill fails to meet the last session, are not included in this cur- while, but most look more like a laundry list of those standards. I regret that we were not rent bill. The erection of the African Burial special-interest subsidies. Together, they do given the opportunity to vote on legislation that Ground International Memorial Museum and

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.029 E20PT1 E2350 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 Research Center in lower Manhattan is a goal MOTION TO GO TO CONFERENCE, other term. On the Council, he quickly earned that I intend to work feverishly on with my OBEY MOTION TO INSTRUCT the respect of his colleagues for his intel- New York colleagues and others. Such a facil- ligence, sound judgment, and moderate ap- ity would pay homage to those souls who HON. ROBERT T. MATSUI proach to a wide range of issues. He provided were brought to this country to help build it, OF CALIFORNIA thoughtful and skilled leadership in the areas while under enslavement. Such a facility would IN THE HOUSE OF REPRESENTATIVES of budget policy, taxes, transportation, afford- able housing, school overcrowding and the en- join the Statue of Liberty, Ellis Island, the Mu- Wednesday, November 19, 2003 seum of the American Indian, the World Trade vironment. Don was actively engaged in re- Center site, and other great New York City Mr. MATSUI. Mr. Speaker, yesterday’s CON- solving the status of the 9th and Canyon hotel landmarks as a national and international sym- GRESSIONAL RECORD reflects my vote as ‘‘yea’’ site and was a strong proponent of the com- bol that tells America’s full story of freedom, on rollcall Vote 624, Representative OBEY’s prehensive rezoning project to address com- the quest for freedom, and the openness of motion to instruct conferees on the Agriculture, mercial growth issues. Rural Development, Food and Drug Adminis- our society. Most important, the study of Afri- He has served successfully in such diverse tration, and Related Agencies Appropriations can culture through the results of DNA testing organizations as the Denver Regional Council Act of 2004. I would like to state for the on the African Burial Grounds will help to fur- of Governments, the Bureau of Conference RECORD that my vote should have been ‘‘nay.’’ ther educate and enlighten our citizens to a Services and Cultural Affairs, the Boulder I have long opposed the reimportation of Community Celebrations, and the Dairy Center culture that is central to the building of this prescription drugs because it creates a signifi- proud nation. for the Arts. An important part of his focus on cant safety risk for consumers. A recent exam- Council has been sensible growth manage- As the Lewis/Watts bill reflected in a Find- ination of several mail facilities by FDA and ment, sustainable use of resources, and a ing, the Secretary of the Smithsonian declared U.S. Customs reinforces these concerns. After strong, stable economy. in 1998 that the African Burial Ground site six days in four cities, these examinations provided the ‘‘perfect’’ opportunity to dissect found drugs being reimported that have never Prior to his appointment to Council, Don the institution of slavery in this country— been approved by the FDA, without labeling or was chair of the City’s Parks and Recreation urban, rural, northern, and southern—including instructions for safe use, and even some that Advisory Board and served four years as a co- the aspects of the international trade. The Bur- the FDA has withdrawn from the U.S. market chair of the Whittier Neighborhood Associa- tion, as well as two years on the Steering ial Grounds in New York are home to the re- for safety reasons. In addition, expanding the Committee for the Pine Street/Whittier Traffic mains of 20,000 enslaved Africans. These importation of prescription drugs increases the Mitigation Project. In 1995, he was especially men and women were first generation African likelihood that seniors will receive counterfeit effective in working with the Citizens for Parks Americans, who had to endure inhumane con- drugs, a potentially very serious health hazard. Finally, liberalizing the importation of pre- and Recreation to successfully pass the Parks ditions aboard slave ships, before they were Ballot Issue which led to new acquisitions of forced into labor. scription drugs does not address the under- lying problem of high prescription drug costs. park land in the city of Boulder. Over the I attended the ceremonies of October 3rd There are other legislative remedies that can years, Don has been unswerving in his com- and 4th at the African Burial Ground com- decrease prescription drug costs without un- mitment to policies that serve the environment, memorating the reinterment of some 430 sets dermining consumer safety. For these rea- the education and health of people, and prin- of remains that had been under study at How- sons, I oppose the Obey motion to instruct ciples of integrity and fairness. ard University for the last decade. Thousands conferees on the Agriculture, Rural Develop- I ask my colleagues to join with me in ex- of people were also in attendance for this ment, Food and Drug Administration, and Re- pressing our gratitude to Councilman Mock for event, signaling a clear indication of the pow- lated Agencies Appropriations Act, 2004. his years of public service and his contribu- erful feelings of respect that lies with our citi- f tions to the people of Boulder, Colorado. I zens for an African sanctum in lower Manhat- wish him continued success in all his future RECOGNIZING THE PUBLIC tan. endeavors. SERVICE OF DON MOCK I feel that, ultimately, the new national mu- seum should follow the model of the National f Museum of the American Indian, with facilities HON. MARK UDALL at both Washington and New York City. The OF COLORADO PERSONAL EXPLANATION facility in New York, in combination with the IN THE HOUSE OF REPRESENTATIVES magnificent facility to be created here in Wednesday, November 19, 2003 HON. BETTY McCOLLUM Washington, would have an overall national Mr. UDALL of Colorado. Mr. Speaker, I rise and international impact of breathtaking scope today to honor Don Mock for his exemplary OF MINNESOTA and scale. As evident during the ceremonies, public service as a member of the Boulder IN THE HOUSE OF REPRESENTATIVES an African Burial Ground museum facility City Council from 1996 through 2003. I would would also play a significant role in the revital- like to thank him on behalf of all Boulder’s citi- Wednesday, November 19, 2003 ization of lower Manhattan in this post-9/11 zens for the depth and diversity of contribu- world, with the hopes that it will become a tions he has made to ensure that our city re- Ms. MCCOLLUM. Mr. Speaker, due to a major national and international visitor’s mains a very special place to live. scheduling conflict, I was unable to vote on mecca that would join with other New York Raised in Florida, Don received his BS and rollcall votes 620 to 623. Had I been present, sites in bringing millions of people, and with MS in Physics from the University of Florida, I would have voted the following: them, an economic boom to the entire area. and his PhD in Atmospheric Sciences from the On rollcall vote 620, S.J. Res. 22—Recog- I whole-heartedly believe that the African University of Washington. He has worked as a nizing the Agricultural Research Service of the Burial Ground is a true national treasure. It is Research Assistant in the Department of At- Department of Agriculture for 50 years of out- unique in this nation and all the world as an mospheric Sciences at the University of Wash- standing service, I would have voted ‘‘aye’’. archaeological site, and a site of unparalleled ington and as a Support Scientist for the On rollcall vote 621, S.J. Res. 18—Com- significance, symbolism, and power. A site Physical Oceanography Group of the NASA/ mending the Inspectors General for their ef- and museum facility of this magnitude of im- Caltech Jet Propulsion Laboratory. In 1989, forts to prevent and detect waste, fraud, Don moved to Colorado to work as Systems portance must be part of any national mu- abuse, and mismanagement, and to promote Manager for the Cooperative Institute for Re- seum, and it must be part of New York’s Afri- economy, efficiency, and effectiveness in the search in Environmental Sciences at the Uni- can Burial Grounds. Federal Government during the past 25 years, versity of Colorado in Boulder. Since 1991 he I would have voted ‘‘aye’’. I would like to thank John Lewis for his long has been a Systems Manager and later a Di- fight to make the dream of a National Museum rector of Computing and Network Services at On rollcall vote 622, H. Con. Res. 299— of African American History and Culture a re- the Climate Diagnostics Center of the National Honoring Mr. Sargent Shriver for his dedica- ality. I would also like to thank my distin- Oceanographic and Atmospheric Administra- tion and service to the United States of Amer- guished colleagues from Kansas and Con- tion’s Environmental Research Laboratories. ica, I would have voted ‘‘aye’’. necticut, Senators BROWNBACK and DODD, for In 1996, Don was appointed to the Boulder On rollcall vote 623, on hour of meeting, I leading these efforts in the Senate. City Council and elected a year later to an- would have voted ‘‘aye’’.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.034 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2351 ‘‘FOR THOSE WHO HAVE FALL- ies, farms, and defense bases. We invested Although these funding levels are significant EN’’—A NATIONAL TRIBUTE more than $114 billion in constructing the increases over current levels, it is important to SONG 42,800–mile Interstate system and that invest- note that they are not our numbers, they are ment has paid phenomenal returns in mobility, the Department of Transportation’s own esti- HON. MARK GREEN productivity, and economic growth. It is an un- mates of the Federal investment necessary to paralleled success: 1 percent of highway miles OF WISCONSIN maintain and begin to improve our Nation’s carry 24 percent of traffic. Today, the vision of surface transportation system. These funding IN THE HOUSE OF REPRESENTATIVES that system is complete. levels recognize what the Texas Transpor- Wednesday, November 19, 2003 As the Interstate era came to a close, a new tation Institute has repeatedly told us: conges- Mr. GREEN of Wisconsin. Mr. Speaker, vision of transportation began to emerge— tion is beginning to cripple our largest cities, today before this house I would like to recog- shifting from a focus on moving vehicles to the primary engines of our Nation’s economic providing transportation choices. The early nize ‘‘For Those Who Have Fallen,’’ a national growth. In 75 large metropolitan areas alone, framing of this vision was embodied in Con- tribute song written by Tonia Barnes (Arpke) the cost of congestion is $69.5 billion—includ- gress’ passage of the Intermodal Surface of Clyman, Wisconsin. At a time when our ing 3.5 billion hours of delay and 5.7 billion Transportation Efficiency Act (ISTEA) in 1991. brave men and women in uniform are fighting gallons of excess fuel consumption. The aver- The ‘‘highway bill’’ became more than that as to protect freedom and democracy in the Mid- age annual delay for every person in these cit- we focused new efforts (and funding) on tran- ies has climbed to 26 hours. While these sta- dle East, it is important for citizens across the sit, congestion mitigation, intelligent transpor- tistics are startling, the average American fam- country to support their efforts, and remember tation systems, and transportation alternatives ily does not need them recited—they are stuck America’s fallen heroes who have secured such as pedestrian and bike paths. The land- in traffic on their way home from work, picking peace in battles past. This song is an eloquent mark achievement of ISTEA was its vision for up the kids at daycare, or running the endless tribute to all those who sacrificed for our na- transportation policy: moving beyond where tion, and it is with great honor that I submit the highways now lead us, to where it is people errands that seem a part of today’s society, following lyrics for the RECORD. want to go and how we can give them choices and they lose what precious little time they Working in an office or on the beat to get there. have together. Looking from a window, from a city street In 1998, Congress built upon ISTEA by en- More importantly, our Nation’s highways, The heart of a stranger giving his all suring that we would begin to make the nec- bridges, and transit systems are not as safe Doing what he can when he got the call. essary infrastructure investment to achieve as they need to be and the highway death toll America hold your head up high this vision. With passage of the Transportation is unacceptably high. Over the past 25 years, The Eagle is still the pride of the sky Equity Act for the 21st Century (TEA 21), we 1.2 million have died on our roads. Last year, She shed many tears today authorized $218 billion for our highway, transit, 42,815 people died and 2.9 million more were And spread her wings as if to say. and highway and motor carrier safety pro- injured on our highways. Highway fatalities re- For those who have fallen grams—the highest surface transportation main the leading cause of death of our youth I will never forget The sacrifice you’ve given funding levels in U.S. history and 44 percent (people ages 4 to 33). In addition to the per- When the face of God you met more than ISTEA. However, we knew too well sonal tragedy of each of these deaths and For those who have fallen that increased ‘‘authorization levels’’ meant many of the injuries, the economic cost of I will never forget. nothing if they did not become a reality. We these accidents is more than $230 billion per Searching through all the rubble unlocked the Highway Trust Fund and codified year. Knowing that lives are on the line a principle: the highway user fees collected Considering the congestion and highway Hands that never get tired from the traveling public will be invested in our safety impacts of insufficient investment in Paws, though bloody, never whine. surface transportation infrastructure each and transportation alone, our economy is losing A strong shoulder to lean on every year. That is the landmark achievement $300 billion per year because we are not in- An ear listening to the horrible tale of TEA 21 and, over its life, we invested $214 vesting the necessary resources to maintain America will keep on living billion in our Nation’s surface transportation in- and improve our Nation’s transportation sys- And our pride will always prevail. frastructure—$100 million more in that 6-year tems. We cannot afford to continue to short- For those who have fallen period than in the 40 years of building the change our Nation’s transportation systems. I will never forget Interstate. The sacrifice you’ve given To effectively reduce congestion, to increase On the first anniversary of TEA 21, I joined mobility, to truly improve highway safety, and When the face of God you met our Committee Leadership (then-Chairman For those who have fallen to achieve continuing long-term increases in I will never forget. SHUSTER, Chairman PETRI, and Subcommittee productivity and economic growth, we must in- Ranking Member RAHALL), then-Senator For those who have fallen vest in our Nation’s transportation future. And Chafee, Senator VOINOVICH, and Secretary of I will never forget we must do it now. That is why we join to- The sacrifice you’ve given Transportation Rodney Slater and said: ‘‘Al- gether today to introduce this bill to authorize When the face of God you met though the legacy of the surface transportation $375 billion over 6 years. system of the 21st Century is far off, we have For those who have fallen The bill increases the minimum guarantee I will never forget. begun the journey of writing that legacy here and now. ISTEA and TEA 21 have set the rate of return from 90.5 percent in FY2003 to For those who have fallen 95 percent in FY2009. The bill also provides I will never forget framework for the beginning of the new cen- The sacrifice you’ve given tury. Nevertheless, we must continue to de- significant increases for the core highway pro- When the face of God you met velop innovative solutions if we are to over- grams. The National Highway System in- For those who have fallen come our Nation’s many transportation prob- creases from $27.4 billion under TEA 21 to I will never forget. lems.’’ $39 billion under this bill. In addition, after a For those who have fallen The journey of writing that legacy continues portion of the minimum guarantee funds are I will never forget. here today. The ‘‘Transportation Equity Act: A distributed to the core highway programs, NHS funding increases to $49.3 billion over f Legacy for Users’’ bill builds upon the vision of ISTEA, maintains the guaranteed funding prin- the next 6 years. Similarly, the Bridge program THE TRANSPORTATION EQUITY ciple of TEA 21, and outlines its own landmark grows from $19.3 billion under TEA 21 to ACT: LEGACY FOR USERS achievement: providing the investment levels $34.3 billion with the redistributed minimum necessary to maintain and begin to improve guarantee funds. Finally, the CMAQ program HON. JAMES L. OBERSTAR our Nation’s highway and transit infrastructure. almost doubles—growing from $7.9 billion to OF MINNESOTA The bill provides a 72 percent increase in $13.9 over the next 6 years. IN THE HOUSE OF REPRESENTATIVES funding over TEA 21. We increase investment Moreover, the bill provides similar increases in highway and highway and motor carrier for transit. Guaranteed transit funding in- Wednesday, November 19, 2003 safety programs from $177 billion under TEA creases 92 percent to $69.2 billion. The core Mr. OBERSTAR. Mr. Speaker, for most of 21 to $306 billion under this bill. Similarly, for transit formula programs increase to $34 bil- the 20th Century, the primary focus of surface transit, we almost double the investment over lion and the transit capital program (new transportation policy was constructing a safe, 6 years: growing from $36.2 billion guaranteed starts, rail modernization, and bus capital efficient highway system, the Interstate and under TEA 21 to $69.2 billion under the intro- invesment) increases to almost $30 billion Defense Highway System, to connect our cit- duced bill. over the 6 years of the bill.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.038 E20PT1 E2352 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 Beyond building upon the success of ISTEA TRIBUTE TO PAUL SCANNELL County Commissioner, a member of the South and TEA 21, as I said at the TEA 21 anniver- Sink Water Company Board of Directors, and sary, we must continue to develop innovative HON. ANNA G. ESHOO chairman of Otero Junior College Council. solutions if we are to overcome our Nation’s OF CALIFORNIA Mr. Speaker, Bob Gerler is a dedicated many transportation problems. Let me touch IN THE HOUSE OF REPRESENTATIVES community leader who willingly devotes his time to improving the lives of those in need. on a couple of new programs included in the Wednesday, November 19, 2003 bill that propose new and different way to ad- Bob has been a reliable and innovative admin- dress transportation issues. Ms. ESHOO. Mr. Speaker, I rise today to istrator over the course of his many years of As I have traveled the country over the last honor a distinguished Californian, Paul public service and I am honored to pay tribute several years to review the condition of our Scannell, as he retires from his service as As- to him for his many contributions to the Colo- Nation’s infrastructure, I have noted that, de- sistant County Manager of the County of San rado community. Congratulations on a well de- spite the significant funding increases of TEA Mateo, California. served award Bob. Paul Scannell has served as Assistant 21, current levels of surface transportation in- f County Manager since 1982. During that time vestment are insufficient to fund critical high- he has represented the County in complex TRIBUTE TO SPENSER HAVLICK cost transportation infrastructure facilities that and sensitive negotiations with other govern- address critical economic and transportation mental agencies, companies, and persons needs. These projects, whether it is Alameda HON. MARK UDALL doing business with the County. He’s also OF COLORADO Corridor East or Chicago’s CREATE, have na- worked in cooperation with County department IN THE HOUSE OF REPRESENTATIVES tional and regional benefits, including facili- managers to recommend County programs tating international trade, relieving congestion, Wednesday, November 19, 2003 and activities, and managed the County team and improving transportation safety by signifi- responsible for public financing issues. He has Mr. UDALL of Colorado. Mr. Speaker, I rise cantly improving freight and passenger move- served on a wide variety of committees, as today to pay tribute to Spenser Havlick, who ment in critical transportation bottlenecks. The well as advising and staffing the Charter Re- this month is retiring from membership on the bill creates a $17.6 billion Projects of National view Committee. He has also acted as the Boulder, CO, City Council. Elected to the and Regional Significance program to enable County Manager in the Manager’s absence. council in 1982, Spense has had 21 years of the Secretary of Transportation to competi- Paul Scannell prepared for his career by distinguished public service. tively select such projects of national signifi- earning a Bachelor’s degree in Economics Born in Oak Park, IL and raised in Green cance (project cost of more than $500 million). from the University of San Francisco and a Bay, WI, he received his B.A. Degree from I also want to touch on a much smaller, but Master’s of Public Administration from Golden Beloit College, his M.A. from the University of equally important, new program: Safe Routes Gate University. He also pursued graduate Colorado in limnology and his Ph.D. in envi- to School. Several years ago, I began working studies in Economics at the University of Cali- ronmental planning and water resource man- with two communities, Marin County, Cali- fornia, Berkeley. He held positions of increas- agement from the University of Michigan. He became the Assistant Dean and Director fornia and Arlington, Massachusetts, to de- ing importance with the City and County of of the College of Environmental Design at the velop a program to enable and encourage San Francisco between 1964 and 1982, in- University of Colorado in Boulder in 1975. His children to walk or bike to school. These two cluding serving as Deputy Director of the research and teaching focused on natural haz- pilot projects have been incredible successes. Clean Water Program, Assistant to the Chief ard mitigation, the citizen’s role in the planning With this experience in hand, the bill creates Administrative Officer and as Senior Depart- process, and the impact of urbanization on the a new $1.5 billion Safe Routes to School for- mental Personnel Officer at San Francisco environment. He has written on ecology and mula program to enable and encourage chil- General Hospital. dren to walk or bike to school; to make bicy- I had the honor to work with Paul Scannell design and is preparing another book on cling and walking to school a safer and more for ten years as a Member of the Board of Su- transportation management and traffic appealing transportation alternative, thereby pervisors, and I saw and experienced firsthand calming. He has taught at the University of Michigan encouraging a healthy and active lifestyle from his professionalism, his integrity and his ex- and Murdoch University in Western Australia, an early age; and to improve safety and re- traordinary knowledge of County government. duce traffic, wasted fuel, and air pollution in Mr. Speaker, I ask my colleagues to join me consulted for the U.S. Environmental Protec- school neighborhoods. in honoring Paul Scannell for his superb serv- tion Agency, the U.S. Army Corps of Engi- Finally, the Committee’s proposal will pro- ice to our community and our country and neers, the National Science Foundation and vide badly needed economic stimulus. The wish him every blessing in the years ahead. the U.S. Information Agency. With this outstanding academic background, Federal Highway Administration reports that He has established the gold standard for pub- Spense has been a champion of the values every $1 billion of federal funds invested in lic service and we are grateful to him for it. that embody the spirit of Boulder. His commit- highway infrastructure creates 47,500 jobs and f ment to defending these values made him a $6.2 billion in economic activity. When en- distinctive member of the council. acted, the Committee’s introduced bill will cre- PAYING TRIBUTE TO BOB GERLER A passionate environmentalist, Spense had ate and sustain up to 3.6 million family-wage a two-decade struggle with transportation construction jobs, including 1.7 million new HON. SCOTT McINNIS problems and worked diligently to promote jobs. OF COLORADO IN THE HOUSE OF REPRESENTATIVES public transportation, rail service between Moreover, a recent study found that the Denver and Boulder, bicycle paths, city open Committee’s bipartisan proposal to invest Wednesday, November 19, 2003 space and pedestrian walkways. $375 billion in surface transportation over the Mr. MCINNIS. Mr. Speaker, it is with great In his role as professor of environmental de- next 6 years would add $290 billion more to pride that I rise today to pay tribute to an ex- sign at the University of Colorado, Spense en- the Nation’s Gross Domestic Product than the traordinary public servant from Otero County, couraged his students to adopt Boulder’s envi- administration’s proposal to invest only $247 Colorado. Bob Gerler is a compassionate ronmental values. He urged students to give billion. The Committee’s proposal would also mental health advocate who has dedicated his up their cars, get more exercise and walk, or lead to an additional $129 billion of household life to improving the quality of care at South- use alternative transportation. disposable income and. an additional $98 bil- east Mental Health Services. I would like to A top vote getter in all his elections, Spense lion in consumer spending—millions of new, join my colleagues here today in recognizing promoted a strategy to find more affordable good-paying jobs, billions of dollars of new Bob’s contributions to Otero County. housing, worked on growth management, led consumer spending: now that’s the way to get In recognition of his 24 years of service, the effort for the largest purchase of open the economy growing again. Bob has been named the Colorado Behavioral space in the history of Boulder and worked to I join with Chairman YOUNG, Subcommittee Healthcare Council’s 2003 Outstanding Board streamline the city’s budget in tough economic Chairman PETRI, and Subcommittee Ranking Member of the Year. Over time, Bob has been times. Member LIPINSKI, and the Members of the instrumental in implementing numerous pro- Spense’s civic commitment is demonstrated Committee on Transportation and Infrastruc- grams for the betterment of patient’s lives. His through his service on the City Council Envi- ture, in introducing this bipartisan bill today. dedication, integrity and intelligence have truly ronmental and Transportation Committees, as We will continue to work together on the jour- made Bob a tremendous asset to the board. an Eco-cycle block leader, and as a Commis- ney of writing the legacy of our surface trans- In addition to his service to Southeast Men- sioner for the Boulder Urban Renewal Author- portation future. tal Health Services, Bob has also served as a ity.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.041 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2353 The City Council of Boulder, CO, has been rich men because their performances came comprehensive, community-based HIV-specific fortunate to have had Spenser Havlick as a with numbers attached. Or as former Expos housing programs. member for the past 21 years. On behalf of relief ace Jeff Reardon once said, ‘‘Jerome I have always supported the four main lines Holtzman is a friend of mine.’’ of action created by an International Partner- Boulder’s residents, I wish him well as he con- Mine, too. tinues to pursue his commitment to a better The Lardner Awards dinner will be a star- ship against AIDS: encouraging visible and community and State. studded affair, with David Halberstam pre- sustained political support; helping to develop f senting an award to Bob Costas, Ira Berkow nationally negotiated joint plans of action; in- giving Holtzman his plaque and Bill Jauss creasing financial resources; and strength- PERSONAL EXPLANATION honoring former Chicago Daily News sports ening national and regional technical capacity. editor John Carmichael. We must make an ongoing commitment to- HON. MIKE McINTYRE f ward working diligently to find a cure for this OF NORTH CAROLINA very fatal epidemic. We must strongly encour- HIV/AIDS EPIDEMIC IN DALLAS- age more widespread support for those who IN THE HOUSE OF REPRESENTATIVES FORT WORTH AREA Wednesday, November 19, 2003 are living with this horrifying disease. f Mr. MCINTYRE. Mr. Speaker, on Thursday, HON. EDDIE BERNICE JOHNSON November 6, 2003, I was unavoidably absent OF TEXAS CONFERENCE REPORT ON H.R. 6, for rollcall vote 612, final passage of H.R. IN THE HOUSE OF REPRESENTATIVES ENERGY POLICY ACT OF 2003 1829, the Federal Prison Industries Competi- Wednesday, November 19, 2003 tion in Contracting Act. Had I been present I SPEECH OF would have voted ‘‘yes’’ on rollcall vote 612. Ms. EDDIE BERNICE JOHNSON of Texas. HON. JOHN CONYERS, JR. Mr. Speaker, I rise today to address the f OF MICHIGAN steady meteoric rise of the deadly epidemic of IN THE HOUSE OF REPRESENTATIVES HONORING JEROME HOLTZMAN HIV/AIDS in the Dallas-Fort Worth area. The HIV/AIDS epidemic is proving to be one of the Tuesday, November 18, 2003 HON. HENRY J. HYDE most devastating social conditions of our time. Mr. CONYERS. Mr. Speaker, for the first OF ILLINOIS In my home state of Texas, the numbers time in history Congress has voted to protect IN THE HOUSE OF REPRESENTATIVES have been steadily rising since 1998 at a rate known polluters from legal liability. H.R. 6, the of about 7 percent per year. In fact, according ‘‘Energy Policy Act of 2003’’, not only imple- Wednesday, November 19, 2003 to the Texas Department of Health, Dallas ments a restructured energy system that Mr. HYDE. Mr. Speaker, I rise today to rec- County reported the highest number of new would harm consumers and provide ognize Jerome Holtzman, who on November HIV positive individuals in Texas, that’s just unaffordable subsidies to energy companies, 20 will receive the prestigious Chicago Athletic ahead of Harris County (which includes Hous- but Title XV of the bill, the Ethanol and Motor Association Ring Lardner Award. Jerome ton) which reported 1,212 new HIV cases. Fuels title, would particularly immunize the Holtzman has forgotten more about baseball So far in 2003, Dallas County has reported producers of a toxic contaminant from liability than most will ever know and he is well de- 609 new HIV cases and 355 new AIDS cases. for its effects on those people who have been serving of the award. Chicago Sun-Times Moreover, so much work needs to be done to harmed by it. These provisions were unilater- sports columnist Ron Rapoport honored Mr. inform the public about this disease’s dis- ally inserted into the conference report without Holtzman in his column on November 11—a proportionate impact on African Americans. the benefit of a single committee hearing or column I am pleased to share with my col- Dallas County Health and Human Services markup. leagues: chief epidemiologist announced that there MTBE (methyl tertiary butyl ether) has been FOR HIS SCOOPS AND SAVES, HOLTZMAN were 1,271 new HIV cases and 548 new AIDS classified by the EPA as a possible human AWARDED HONOR cases reported in 2002. African Americans, carcinogen and can render water undrinkable The major exhibit in Jerome Holtzman’s comprise 20 percent of the Dallas County pop- in concentrations as low as two parts per bil- baseball legacy always will be his invention ulation, but 41 percent of the new HIV cases lion. Due to the synthetic chemical properties of the save rule, but my favorite story about and 46 percent of the new AIDS cases in of MTBE, when it leaks into water, it moves him is the time he scooped the judge. 2003. and dissolves through water rapidly, resists Charlie Finley was suing baseball commis- As reported by the Centers for Disease natural degradation, and causes water to take sioner Bowie Kuhn, and Holtzman, who had Control and Prevention (CDC), although Afri- on the taste and smell of turpentine. According covered every day of the trial for the Sun- can Americans make up only about 12 percent Times, got the word that Finley had lost. to the General Accounting Office, MTBE, a Holtzman rushed the story into the last edi- on the U.S. population, cumulatively they have chemical which has been shown to cause liver tion of the paper, which so infuriated people accounted for half of the new HIV infections damage, kidney damage, and even cancer in at the Tribune, they rousted the judge out of reported in the United States in 2001. humans, has now been detected in the bed after midnight to demand some informa- African Americans have accounted for more groundwater and drinking water in every state tion. than 320,000, or 38 percent, of the more than in the nation. ‘‘But I haven’t even written the decision 833,000 estimated AIDS cases diagnosed The Ethanol and Motor Fuels title in H.R. 6 yet,’’ the judge protested. since the beginning of the epidemic. In addi- contains an outright and retroactive liability Holtzman, who receives the Chicago Ath- tion to experiencing historically higher rates of letic Association’s Ring Lardner Award on waiver for MTBE producers that knowingly pol- November 20, and I tried to figure out Mon- HIV infection, African Americans continue to luted the tap water of millions of Americans. day how many baseball games he has covered face challenges in accessing health care, pre- Specifically, the title would: in his life. The best we could come up with vention services, and treatment. Race and Protect responsible parties from liability— was about 200 a year for 28 years and maybe ethnicity are not, themselves, risk factors for The title would give MTBE producers a special 100 a year for the decade after that. So how HIV infection. However, African Americans are liability waiver from strict product liability suits. many is that—7,000 or 8,000? A lot, anyway. more likely to face challenges associated with Because these strict product liability suits have ‘‘We never had any days off,’’ said risk for HIV infection, including poverty, denial been the only effective measure of holding Holtzman, who joined the old Chicago Times and discrimination, partners at risk, substance as a copy boy in 1943, before it merged with MTBE producers accountable for polluting the Sun. ‘‘Maybe if I didn’t go to the All- abuse, and sexually transmitted disease con- public water supplies, denying water districts Star Game, I’d have a two- or three-day nection. and city and county governments the right to break, but otherwise it was every game from Globally more than 16 million people have bring defective product lawsuits against the spring training to the World Series.’’ died of AIDS and more than 16,000 people MTBE polluters would effectively end their ac- Holtzman was more than just a sports- become newly infected each day. countability. writer, though. He became our trade’s histo- It is imperative for us to take immediate Shift cleanup costs to taxpayers—The rian, with his classic book ‘‘No Cheering in steps to address these alarming statistics. As MTBE provisions in the bill would shift the bur- the Press Box’’ and his beautifully bound re- a former nurse and Chair of the Congressional den of paying for the cleanup of the polluted prints of sports books, such as ‘‘Eight Men Out, The Boys of Summer and Babe.’’ Black Caucus, I supported funding increases water to the water consumers. An estimated When Holtzman invented the save rule, he for the Minority AIDS Initiative and the Hous- $29 billion in clean up costs will fall squarely received a bonus of $100 or $200 from The ing Opportunities for Persons, which is the on states, cities, and their citizens. MTBE Sporting News. The best closers soon became only federal housing program that provides manufacturers and gasoline companies will

VerDate jul 14 2003 06:04 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.043 E20PT1 E2354 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 not have to pay for the contamination of the The cost of diabetes is rising, both in terms H.R. 1588, DEFENSE AUTHORIZA- water supplies that they caused, nor will they of the cost to treat the disease and the num- TION CONFERENCE REPORT have to pay to acquire new water sources for ber of American lives lost resulting from com- hundreds of thousands of customers. plications relating to the disease. We must HON. MARK UDALL Nullify pending litigation against MTBE pro- support the National Institute of Health’s fund- OF COLORADO ducers, leaving hundreds of thousands of peo- ing for diabetes research so that organizations IN THE HOUSE OF REPRESENTATIVES ple without recourse—There are currently 130 like JDRF may continue to provide preventa- communities and water suppliers across the Wednesday, November 19, 2003 tive education and help curb the spread of the nation that have litigation pending to reclaim Mr. UDALL of Colorado. Mr. Speaker, when damages for MTBE pollution of public drinking disease. Education is a key component in pre- this House voted on H.R. 1588 in May, I voted water sources. Because this bill is retroactive, ventative efforts, by encouraging individuals to against it. I didn’t think the bill as it stood then taking effect for lawsuits pending on Sep- make life-style changes that will reduce their was one I could endorse. The conference re- tember 5, 2003, all of these lawsuits would be risk of getting diabetes. port that we are considering today is margin- nullified. Mr. Speaker, we have made great strides ally better. Although I still have strong reserva- The MTBE provisions contained in the En- over the years in diabetes research and out- tions, I will support the conference report. ergy Policy Act of 2003 benefit the wrong- reach education. I applaud the many organiza- We are 2 years into our war on terrorism doers and have a number of harmful con- tions that have contributed to this effort and I and still engaged in military action in Iraq. sequences for the victims of drinking water urge my colleagues to join me in honoring Na- There is no doubt that we must continue to contamination. Any policy that has the effect tional Diabetes Month. Let’s help give those focus on defending our homeland against ter- of leaving hundreds of thousands of victims rorism, we must support our military per- Americans living with diabetes hope that one without any recourse against their wrongdoers sonnel, and we must give our military the day soon, we will find a cure to diabetes. is bad policy. training, equipment, and weapons it needs to f beat terrorism around the world. f That’s why I’m in favor of provisions in the NATIONAL DIABETES MONTH bill that support those men and women who PAYING TRIBUTE TO RICHARD have put their lives on the line in Afghanistan WREN HON. DOUG OSE and Iraq. The bill provides an average 4.15 OF CALIFORNIA percent pay raise for service members, boosts IN THE HOUSE OF REPRESENTATIVES military special pay and extends bonuses, and Wednesday, November 19, 2003 HON. SCOTT McINNIS funds programs to improve living and working Mr. OSE. Mr. Speaker, as a member of the OF COLORADO facilities on military installations. I am pleased that the report includes provi- Diabetes Caucus, I rise today in honor of Na- IN THE HOUSE OF REPRESENTATIVES tional Diabetes Month. Diabetes is a growing sions recognizing the importance of non-cit- concern in this country as each year increas- Wednesday, November 19, 2003 izen soldiers and the many sacrifices and con- ing numbers of Americans are being diag- tributions they have made. The report eases nosed with the disease. The disease does not Mr. MCINNIS. Mr. Speaker, it is with great the naturalization process for these soldiers discriminate; children, adults and senior citi- pride that I pay tribute today to Police Captain and their families, reducing to one year the zens alike are realizing the devastating impact Richard Wren of La Junta, Colorado. Recently, length of service requirement for naturalization of diabetes and its tragic effects have touched Richard was honored by the La Junta City during peacetime; allowing soldiers to apply the lives of Americans across the country. Council for two decades of honorable service. and take oaths for citizenship overseas; and Diabetes itself is debilitating, but it can also Richard has dedicated his life to serving and granting permanent resident status to the sur- lead to heart, kidney, nervous system or den- protecting the citizens of Colorado and it is my viving family of U.S. citizen soldiers who are tal diseases, as well as blindness, high blood honor to call his many contributions to the at- granted posthumous citizenship as a result of pressure, complications during pregnancy, tention of this body of Congress here today. death incurred in combat. strokes, and even death. Today, 17 million I’m also pleased that this bill will allow ap- people live with diabetes and approximately 1 Richard was born in Denver, Colorado and proximately one-third of eligible disabled mili- million new cases are diagnosed each year in moved to La Junta to attend Otero Junior Col- tary retirees to receive both their retirement people over the age of 20. It is the sixth lead- lege in 1980. Upon graduation, Richard at- and disability benefits. I would have preferred ing cause of death in the United States, with tended the Law Enforcement Academy in Trin- that the bill extend this ‘‘concurrent receipt’’ to 19 percent of Americans over the age of 25 idad and in 1983 he became a patrolman for all disabled retirees, but this is a great im- losing their lives to diabetes each year. The the La Junta Police Department. He rose provement on the bill the House considered statistic that 1 million children have been diag- quickly through the ranks to achieve his status earlier this year—which included no such pro- nosed with juvenile diabetes is particularly as Captain. visions. I am also pleased that the bill extends the military’s TRICARE health coverage to Na- unnerving. Richard has achieved a great deal in his In my home state of California, every half- tional Guard and reservists and their families tenure with the La Junta Police Department. hour a life is lost due to causes directly or in- if servicemembers have been called to active Richard is an expert in canine police work. directly linked to diabetes. Currently, there are duty. These are all necessary and important two million Californians who have been diag- During his career, he established the La Junta provisions that I support. nosed with diabetes, putting California’s aver- canine program and attended two national I do have a number of serious reservations age above the national rate. That number is competitions for the United States Police Ca- about the bill. expected to double by the year 2020. nine Association. In 2002, Richard furthered I don’t believe it addresses 21st century Organizations such as the Juvenile Re- his law enforcement education by attending threats as well as it could. With the exception search Fund are vital to research efforts to the National Federal Bureau of Investigation’s of the Crusader artillery system, the Adminis- find a cure for diabetes. In addition to con- Academy in Quantico, Virginia. In addition, tration and Congress have continued every ducting its own research, JDRF provides valu- Richard is an expert in firearms and patrol major weapons system inherited from previous able outreach programs in schools and the procedures, and he holds teaching certificates administrations. So although the bill brings community to educate the public on diabetes in both of those disciplines. overall defense spending to levels 13 percent related issues. higher than the average Cold War levels, it Mr. Speaker, it is my honor to rise and pay This past June, the Sacramento chapter of doesn’t present a coherent vision of how to re- JDRF sent two of my constituents, Juleah tribute to Captain Richard Wren before this align our defense priorities. Cordi and Gianna Gallo, to the Children’s body of Congress and this nation. Richard has The bill still includes provisions that would Congress. At this conference, children afflicted managed to balance his tireless dedication to exempt the Department of Defense from com- with diabetes spoke with Members of Con- the citizens of La Junta, while gladly serving pliance with some requirements under the En- gress to raise awareness of this debilitating as a loving father and husband as well. The dangered Species Act (ESA) and the Marine disease. As a congressional co-chair of this Citizens of La Junta Colorado are safer as the Mammal Protection Act (MMPA). There is event, I would like to thank Juleah, Gianna result of Richard’s tireless dedication to their broad-based support for existing environ- and other Children’s Congress participants for well-being and it is my honor to join them in mental laws—as there should be—and these their help in bringing attention to this issue. thanking him for his service. laws already allow case-by-case flexibility to

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.047 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2355 protect national security. The Pentagon has VETERANS MEMORIAL AT THE sion of the United States military. The free- never sought to take advantage of this flexi- KOOTENAI COUNTY ADMINISTRA- dom we enjoy today did not come cheaply. It bility, so it strains belief that these laws are TION BUILDING was purchased during the Revolutionary War with the blood of American soldiers; for over undermining our national security. Indeed, the two hundred years it has been guarded and General Accounting Office has found that HON. C.L. ‘‘BUTCH’’ OTTER defended both here and abroad by the blood training readiness remains high at military in- OF IDAHO of American soldiers; and it will be preserved stallations notwithstanding our environmental in the future by the blood of American sol- IN THE HOUSE OF REPRESENTATIVES laws. I am not persuaded that the changes to diers. In the words of Daniel Webster, ‘‘God these acts proposed by the military are justi- Wednesday, November 19, 2003 grants liberty only to those who love it, and are always ready to guard it and defend it.’’ fied. Mr. OTTER. Mr. Speaker, I rise today to The bill still includes worrisome provisions to It is because of our God-given freedom that bring to the attention of the House the creation we are the most prosperous and powerful na- overhaul DOD’s personnel system. Although of a Veterans Memorial at the Kootenai Coun- tion on earth. It is the desire for that free- they are improved from the bill the House con- ty Administration Building in Coeur d’Alene, dom that causes many from other countries sidered earlier this year, these provisions Idaho. Former commissioner Ron Rankin has to flock to our borders. It is envy of that would still strip DOD’s civilian employees of spearheaded the effort to pay tribute to freedom, and the prosperity and power it worker rights relating to due process, appeals, Kootenai County’s brave veterans with memo- produces, that causes others to hate and want to destroy us. and collective bargaining. rials honoring their sacrifice. Most disturbingly, the bill still includes provi- With oceans to our east and west and good The first phase of the Veterans Memorial, sions on nuclear weapons development. This neighbors to our north and south, we have dedicated on Veterans Day 1998, is a striking for many years felt secure in our freedom. bill provides funding to study the feasibility of seven-by-five-foot, 8,000-pound black granite We may even have taken it for granted. No developing nuclear earth-penetrating weapons monument naming Kootenai County veterans nation on earth could be powerful enough to and authorizes previously prohibited research killed in action from the Spanish American invade us. The tragic events of September 11, on low-yield nuclear weapons. Low-yield nu- War through the Vietnam War. Their names 2001, however, shattered that security. Al- clear weapons have an explosive yield of five though the enemies of freedom cannot take are etched in large gold letters followed by kilotons or less—‘‘only’’ a third of the explosive ours by force, they showed that they will try their branch of service, and the war in which yield of the bomb dropped on Hiroshima. Our to destroy it by fear. Those tragic events they served. ‘‘In God We Trust’’ is etched obligations under the Treaty on the Non-Pro- confirmed that to preserve our freedom here, above all the names in three-inch gold letters. we will sometimes have to root out evil and liferation of Nuclear Weapons (NPT) require The monument is strategically placed at the tyranny in other parts of the world. We can- the United States to work towards nuclear dis- main entrance of the new administration build- not be truly free unless people around the armament, rather than further increase the ing to remind visitors of the heroes who gave world are free. The enemies of freedom will size and diversity of our arsenal. By continuing their lives for our freedom. always desire to extinguish the beacons of the development of new U.S. nuclear weapons liberty shining around the world, and ours On Memorial Day 1999, the county dedi- at the same time that we are trying to con- shines the brightest. The tragic events of cated 13 unique murals for the outside of the vince other nations to forego obtaining such September 11th also rekindled a deep appre- new courthouse. The 39-by-42-inch granite weapons, we undermine our credibility in the ciation and respect for those who have plaques depict historically significant military donned the uniform of the United States fight to stop nuclear proliferation. events in the 20th century. They are reproduc- military. Mr. Speaker, I am very disappointed that We are here today to honor some of those this conference report rolls back civil service tions of photographs and paintings that were laser-etched in color on polished granite slabs. who have helped to preserve our freedom. We protections, environmental protections, and have come together to dedicate the Hall of our work in the area of nuclear nonprolifera- The first two were completed at a cost of Heroes, to honor those from Kootenai Coun- tion. But some of these provisions were im- $2,000 each while the remaining 11 will have ty who have been awarded a medal for her- proved in conference, and the addition of con- been added at a cost of $3,000 each. The oism while serving in our nation’s military. current receipt provisions for our nation’s vet- scenes include: Pearl Harbor, the Bataan By honoring them, we are not in any way erans is critical. In view of these changes to Death March, the Battle of Midway, the flag minimizing the sacrifice and contribution of raising on Iwo Jima, Army rangers climbing a all others who have served in uniform. Any the bill, added to my belief in the importance of you who saw the movie ‘‘We Were Sol- of supporting our men and women in uniform, 100-foot Normandy cliff on ‘‘D’’ Day, troops assaulting the beach at Normandy, gun ships diers’’ may remember the helicopter pilot in I will support the conference report today. the movie whose nickname was ‘‘Too Tall.’’ off the coast of Vietnam, and ‘‘Dust Off’ heli- f The real ‘‘Too Tall’’ is a friend of mine copters retrieving the wounded in Vietnam. named Ed Freeman who lives in Boise. The TRIBUTE TO SAGINAW VALLEY When the entire project is completed, there movie does not do justice to what Ed actu- STATE UNIVERSITY, SAGINAW, will be pamphlets in the foyer of the new ad- ally did during that battle. MICHIGAN ministration building describing each scene in On November 14, 1965, after LZ X–Ray had detail. The foyer already includes interesting been closed to helicopters because of intense information, photos and paintings of our heroic enemy fire, Ed flew fourteen missions into HON. DAVE CAMP and out of that landing zone delivering am- OF MICHIGAN armed forces from battle scenes of 20th cen- munition, water, and medical supplies to the IN THE HOUSE OF REPRESENTATIVES tury wars. troops on the ground and evacuating 30 seri- Wednesday, November 19, 2003 A Purple Heart Honor Roll now is in place ously wounded soldiers. For his actions, Ed in the courthouse foyer, and a wall of gold- was awarded the Congressional Medal of Mr. CAMP. Mr. Speaker, I rise today to pay framed certificates of veterans who were Honor, our nation’s highest award for her- tribute to the Saginaw Valley State University awarded medals of valor will complete the oism. Ed’s Medal of Honor was certainly in celebration of its 40th Anniversary. project. The display was dedicated at a cere- well-deserved, but he could not have made Founded in 1963, Saginaw Valley State Uni- mony on November 10, 2003. The event’s the impact he did without the help of others. versity has quickly become one of the fastest- He could not have delivered the much-needed keynote speaker was Idaho Supreme Court growing universities in Michigan. The univer- ammunition, water, and medical supplies to Justice Daniel Eismann, who earned two Pur- sity’s humble beginnings as a community col- the men on the ground unless others had ple Hearts and three Air Medals during the lege in the late 1950s have encouraged the worked to have those items waiting at his Vietnam War. I would like to submit the base to be loaded on his helicopter. Few if rapid growth and expansion of the university speech Justice Eismann delivered at the dedi- any of the seriously wounded soldiers that he as demonstrated by their recent additions. cation for the RECORD. rescued would have survived had it not been From holding early classes in the basement of for the medical personnel who were waiting HALL OF HEROES DEDICATION—KOOTENAI Delta College, to its current situation on a 782- to care for them. COUNTY acre campus, Saginaw Valley State University The military is a team, with every person has become an unrivaled success story in (Hon. Daniel T. Eismann, Nov. 10, 2003) doing his or her part. Those of us who served mid-Michigan. I first want to commend the citizens of in combat would not have lasted long with- I am honored today to recognize Saginaw Kootenai County for this impressive memo- out others who kept us supplied with needed rial to those who have served in the United materiel—weapons, munitions; equipment, Valley State University for its many accom- States military. As a veteran, I thank you. I fuel, medical supplies, and food—or who plishments, and to thank the many staff, fac- also commend Ron Rankin, who was the equipped and directed the planes, artillery, ulty, students, and families who have endeav- driving force behind this growing monument. and ships that rained bombs, missiles, and ored to support Saginaw Valley State Univer- The words ‘‘Keeping America Free’’ on the shells on the enemy. Thus, by honoring those sity. murals outside summarize the primary mis- who have been awarded medals for heroism

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.050 E20PT1 E2356 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 we are in no way forgetting or diminishing may be hiding, trying to draw their fire. How ironic. After more than a decade, the the contribution made by all who have faith- Once the enemy opened fire, we would know project was approved by the House of Rep- fully served our nation as members of its where they were and could take them on. resentatives on the same day as Mayor armed forces. Having the enemy shoot at us was simply Mancini’s passing. Without his persistence, it Because we are honoring those whose part of our job; it was all in a day’s work. names will be in the Hall of Heroes, it seems That is the same for anyone who serves in likely would not have happened. fitting to ask, ‘‘What is a hero?’’ The first combat. Beginning from his election as Mayor of time someone called me a hero, my reaction Those we are honoring today did not mere- Long Beach Township in 1964 to his serving was, ‘‘I am no hero. I just did my duty.’’ As ly risk their lives in combat. They went far as a State Assemblyman in the 1970s to his I have thought about it, however, maybe above and beyond the call of duty, putting becoming an Ocean County Freeholder in the that is part of what a hero is. It is someone then lives at extraordinary risk. They may 1980’s, Mayor Mancini lived his life to serve who puts duty above self—someone who ex- have done so to rescue wounded or trapped and help others, and his legacy will live on for hibits selfless dedication to a noble cause. comrades, or to accomplish the mission. many years to come. Another characteristic of a hero is cour- Firefights are decided, battles are won, and age. But, what is courage? British author Throughout my life, I have met few people victory is gained because of soldiers like as compassionate and as selfless as Jim C.K. Chesterton aptly described courage as these—who put themselves at extraordinary follows: risk to save others, to accomplish the mis- Mancini; it was an honor and privilege to be ‘‘Courage is almost a contradiction in sion, and to defeat the enemies of freedom. his friend. I extend my deepest sympathies to terms. It means a strong desire to live tak- One of God’s blessings upon this nation has Madeline Mancini and the rest of their family, ing the form of a readiness to die. ‘He that been that throughout her history, in times of and know we will remember this caring friend, will lose his life, the same shall save it,’ is great trials, ordinary people have come for- wonderful father and grandfather, admired not a piece of mysticism for saints and he- ward and done extraordinary deeds. Today, leader, and dedicated public servant for the roes. It might be printed in . . . a drill book. we are honoring some of those people. On be- rest of our lives. The paradox is the whole principle of cour- half of my fellow Americans, I thank them age. . . . A soldier surrounded by enemies, if and I salute them. f he is to cut his way out, needs to combine a PAYING TRIBUTE TO DON strong desire for living with a strange care- f SCHNEIDER lessness about dying. He must not merely TRIBUTE TO A GOOD FRIEND AND cling to life, for then he will be a coward, LOYAL PUBLIC SERVANT, JAMES and will not escape. He must not merely wait J. MANCINI HON. SCOTT McINNIS for death, for then he will be a suicide, and OF COLORADO will not escape. He must seek his life in a IN THE HOUSE OF REPRESENTATIVES spirit of furious indifference to it; he must HON. JIM SAXTON Wednesday, November 19, 2003 desire life like water and yet drink death OF NEW JERSEY like wine. IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, it is with great In combat, you have no future. You have pride that I pay tribute to Retired Lieutenant Wednesday, November 19, 2003 no past. You have only the present. To sur- Colonel Don Schneider from Grand Junction, vive, you must consider yourself already Mr. SAXTON. Mr. Speaker, it is with a dead, and then fight with all that is in you Colorado. Don has dedicated his life to the to stay alive, and to keep alive those who are heavy heart that I rise today to pay tribute to betterment of his family, country and commu- fighting alongside you. one of my greatest friends and one of Ocean nity, and I am proud to call his contributions to I first learned this truism not long after I County’s finest, Ocean County Freeholder and the attention of this body of Congress here started flying as a crew chief on a Huey Long Beach Township Mayor James J. today. gunship. As a crew chief, my job was to Mancini. Don moved to Colorado Springs, Colorado maintain the helicopter and to be a door Upon hearing of his passing, I was deeply in 1959. Between 1959 and 1964, he accom- gunner when we were flying. One afternoon, saddened, given the tremendous impact he plished a great deal. He attended the Air as we were returning from a mission, I had on my life and those he served in Ocean moved from my normal position literally Force Academy, completed Airborne Jump two seconds before a 51-caliber round tore County. To say that Jim will be missed is an School, Officer Training School, and earned a through my helicopter. Had I not moved, it understatement; he touched the lives of so degree from the University of Denver, eventu- would have hit me right in the Adam’s apple, many around him and spent every day of his ally working with Martin-Marietta on the Titan and would have taken my head off. There life helping others. II missile program. In addition, Don met and was no reason for me to have moved, other A champion for seniors and veterans, Mayor married his wife Judy and had three wonderful than the intervention of God. Mancini’s dedication to his community and his children during this period. I pondered that event for a little while. Be- genuine interest in reaching out to others was After his training, Don was transferred to fore then, being killed in combat had been an abstract possibility. I now realized that as unparalleled. As one of Ocean County’s best Tennessee, where he served as a navigator long as I was flying in gunships, being killed advocates for seniors, his commitment to pro- and instructor at Stewart Air Force Base. was a distinct probability. Perhaps what was viding retirees with quality health care was un- While stationed in Tennessee, Don acquired most disconcerting was that the bullet came wavering. Every chance he had, Jim worked 2000 hours of flying time on deployments without any warning. It was like a bolt out to make life better for every senior who lived worldwide. Between 1970 and 1971, Don flew of the blue. We were not even in a place in Ocean County. 180 combat missions in the Vietnam conflict. where we were expecting enemy fire. I real- Additionally, as a Veteran of World War II, In a time of war, Don’s patriotism and valor ized that on any given day, I could be killed Mayor Mancini made it his top priority to work shone through, proving him a true hero. At by one bullet coming without warning out of on behalf of our local veterans. In fact, as a nowhere. I concluded that I could either war’s end, Don’s honorable service had worry about dying and get ulcers, or simply result of his efforts, services to tens of thou- earned him numerous decorations, including choose not to worry about it. I chose the lat- sands of veterans were increased and im- the Distinguished Flying Cross and the Meri- ter course. From that day on, I simply con- proved. torious Service Medal. sidered myself already dead. Those who have Many of us from south Jersey remember the Following the war, Don was stationed in accepted their death need not fear it. two ‘‘nor’easter’’ storms in the early 1990’s Myrtle Beach, where he was a pilot, safety of- Certainly, those who willingly risk their that severely damaged the beaches of Long ficer, and instructor who trained a number of lives in combat while fighting for our coun- Beach Island. As a result of the threat to prop- National Guard units, including the Colorado try are heroes. The people we are honoring today, however, did more than merely risk erty and lives, Mayor Mancini made it his mis- Air Squadron stationed at Colorado’s Buckley their lives. The military does not award sion to guarantee these beaches would be re- Air Force Base. Don completed his service to medals for valor simply for risking one’s life. built. the United States Air Force in 1985. After en- That is expected in combat. I was on a Huey After ten years of work—including securing tering the private sector for some time, Don gunship during most of my two years in 3 million federal dollars, 8 years of study and and his family moved to Grand Junction in Vietnam. Our job was to find the enemy and design, and overcoming hurdles that pre- 1998. In Grand Junction, Don has continued engage them. We did not have any high-tech vented new beach replenishment projects from his service to his country. He currently serves equipment to help us locate the enemy. Our starting—just yesterday we found out that as the President of the Western Colorado most sophisticated electronics were our two- way radios. To find the enemy, we simply Jim’s long-sought after funding to begin re- Chapter of Military Officers, and is an active tried to be an attractive target so that they plenishing Long Beach Island’s beaches came member of the Order of the Dandelions, the would shoot at us. We would fly as low as we to fruition. This funding was included in the Red River Valley Fighter Pilots Association could, sometimes only a few feet above the House-passed final version of the 2004 En- and the Aircraft Owners and Pilots Associa- ground, over or near places where the enemy ergy and Water Appropriations Bill. tion.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.054 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2357 Mr. Speaker, I am proud to pay tribute to the costs initially allocated at the time of the by the TP that must be recovered in the TP’s Don Schneider’s courageous service before upgrade. If a cost is assigned to the TP, the rolled-in transmission rate. This cost is in- this body of Congress and this nation. His TP rolls that cost into its embedded cost rate cluded in the TP’s embedded cost charge to selfless desire to protect the freedom of all base and recovers the entire cost in a trans- all transmission customers each billing period Americans is a reflection of his unwavering mission charge assessed to all its own trans- in the form of the cost of the monetary credit. love for our country and his continued service mission customers. If a cost is assigned to, or Every transmission customer’s rate (including to his community is further illustration of a life- paid by, the requesting party, the requesting the requester’s) includes the cost of such time of devotion to our nation. Thank you, party makes a lump-sum payment at the out- credit. The difference for the requester is that Don, for your service. set, financed by whatever means the re- he gets a credit against the same embedded f quester arranges. Subsequently, the request- cost transmission rate as charged to all trans- ing party pays the same embedded cost trans- mission customers. Clause (ii)(II) means that, CONFERENCE REPORT ON H.R. 6, mission charge assessed to and paid by any in the initial cost assignment, the requester ENERGY POLICY ACT OF 2003 transmission customer—this charge is not does not also pay up front for the future rolled- considered a ‘‘payment’’ in this context. in cost of the monetary credit. In the initial SPEECH OF Subsection (b)(2)(B)(i) means that if, at the cost assignment, the requester pays only once HON. W.J. (BILLY) TAUZIN time of the request, the native load customers for the transmission upgrade—and, under a OF LOUISIANA had no need for the upgrade, they do not PF plan using the monetary credit approach of IN THE HOUSE OF REPRESENTATIVES have to pay for it. The phrase ‘‘such trans- (iii)(1), he gets full compensation for that lump mission service related expansion or new gen- sum payment in the form of the monetary Tuesday, November 18, 2003 erator interconnection’’ refers to the specific credit over a 30 year period. In this lump-sum, Mr. TAUZIN. I rise to elaborate on the col- upgrade requested. Thus, if the TP would not up-front cost allocation, the requester does not loquy I had with Mr. Norwood during consider- have built the same upgrade at the same time have to pay for the upgrade twice by paying ation of the conference report for H.R. 6 re- to serve its own customers, such customers in advance for the monetary credit cost of the garding section 1242 (relating to participant should not have to pay for it. The phrase upgrade. For clarity, subclause (II) is ex- funding). Section 1242 (‘‘Voluntary trans- ‘‘would not have required’’ means that, at the pressed as a formula. The ‘‘difference’’ be- mission pricing plans’’) adds a new section time the upgrade is requested, the native load tween the embedded cost including the up- 219 to the Federal Power Act. Under this sec- customers would not have needed the up- grade and the embedded cost absent the up- tion, any transmission provider (‘‘TP’’), regard- grade to reliably meet their load. Projected or grade equals the total cost of credits associ- less of whether the TP is a member of an hypothetical future ‘‘needs’’ or other ‘‘benefits’’ ated with the upgrade. Subclause (ii), in other RTO or ISO, is eligible to submit a trans- in no way qualify as upgrades required by words, means that the requester does not, in mission pricing plan to the FERC. In the case these customers for the purposes of this provi- the up-front cost allocation, need to pay for of a participant funding (‘‘PF’’) plan, the Fed- sion. both the cost of building the upgrade and the eral Energy Regulatory Commission (‘‘FERC’’) Going forward, the requester would be future cost of the credits needed to com- must approve the plan if it meets the require- charged the same embedded cost trans- pensate it for that payment. ments of the section, regardless of whether a mission service charge as any other trans- Subsequent to the initial cost allocation, the TP is in an RTO or ISO, because the native mission customer—a charge that includes the requester, like any other transmission cus- load customers of the TP should not be penal- cost of any monetary credit (as it is used) or tomer, is assessed a standard transmission ized by being compelled to pay for unneeded any other item in the embedded cost ratebase. service charge for accessing the transmission generator interconnection transmission up- This point is made clear in subsection system. It is against this service charge that grades. (b)(2)(B)(iii)(I), which provides that a monetary any monetary credit under (iii)(I) is applied. The provision requires the FERC to approve credit would be ‘‘against the transmission Nothing in the provision prevents the TP from a PF plan if the plan is just and reasonable charges that the funding entity or its assignee rolling the cost of the monetary credit into the and meets other requirements relating to cost is otherwise assessed [by the TP].’’ embedded cost transmission charge for the responsibility and allocation. The rates ref- Clause (ii) is a clarification of precisely what use of the system—a charge that all trans- erenced means rates as they affect the TP’s costs are assigned in the up-front allocation of mission customers must pay as they take shareholders and native load customers. The the upgrade costs. Clause (ii)(I) references the service. Clause (ii)(II) does not say or imply rate must not be so low as to be confiscatory requirement that the requesting party ‘‘pay for’’ that the requester should not have to pay a of the TP-shareholder’s property. At the same the ‘‘assigned’’ cost of the upgrade as set transmission charge for the use of the system. time, the rate must not unjustly shift costs to forth in clause (i). This language means that Such a misreading would result in an unjust the TP’s native load customers. The just and the requesting party makes a lump sum pay- and unreasonable confiscation of utility-share- reasonable requirement here operates in the ment at the time of the upgrade for the costs holder property, as well as an absurd depar- ture from the FERC policy requiring all trans- context of a clear policy choice by Congress of constructing the upgrade and any costs as- mission customers to pay an access charge in favor of PF where an application meets the sociated with completing the upgrade. Clause derived from the embedded cost of the sys- other requirements of this section. The re- (ii)(II) makes clear that the requester is not tem, including the cost of any credits given as quirements of (b)(2)(B) constitute a limitation also assigned, as part of this initial, lump-sum the requester is assessed transmission or channelling of the FERC’s discretion within payment, certain future costs, resulting from charges. In other words, the provision is not the bounds of the just and reasonable stand- the upgrade, that are later’ included in the intended to give the requester a double credit ard, which the courts have held does not re- TP’s embedded cost rate base. The initial cost or double compensation (i.e., a discounted quire a specific formula, method, or single nu- of the ‘‘physical’’ upgrade is not directly or im- transmission rate on top of a credit or other meric result in any given case. In determining mediately included in the embedded cost be- compensation). the zone of reasonableness, the FERC is re- cause the upgrade itself is paid for (assigned Conversely, the fact that the requester is as- quired to comply with the policy of allowing PF to) up front by the requesting party. The term sessed this charge (including the portion of as provided in (b)(2)(B). ‘‘embedded cost’’ is a term of art typically de- the charge attributable to the cost of the mon- PF ensures just and reasonable rates in fined as funds already expended for invest- etary credit) in no way means that the re- three ways. First, the TP fully recovers (in ment in plant and operating expenses, as quester is having to ‘‘pay twice’’ for the up- charges assessed to all transmission cus- shown on the utility’s books. grade, because the transmission service tomers) the costs of any monetary credits it The physical upgrade does not immediately charge is entirely separate from the cost allo- must grant to the party requesting the up- qualify as a cost of ‘‘plant’’ because the TP cation provided for in clause (ii). The requester grade. Second, PF protects consumers from has not been assigned the cost in the initial pays for the upgrade in advance, and in ex- bearing costs for facilities they do not need, by upgrade—such cost is paid for in the initial change receives the credit or rights. By con- ensuring that the party causing the upgrade cost assignment by the requester, not by the trast, the requester is assessed a transmission costs is assigned those costs. Third, rates are TP. The ‘‘cost of the requested upgrade’’ charge in exchange for accessing the trans- kept at reasonable levels by ensuring that does, however, enter the TP’s embedded cost mission system. Thus, this is not so-called generation and transmission are sited in an basis in the form of any monetary credit given ‘‘and’’ pricing. economically efficient manner. to the requester as compensation for the re- Clause (iii) provides that the requester over Subsection (b)(2)(B) provides that the up- quester’s initial payment. Because this credit time shall receive a form of compensation for grade costs are ‘‘assigned in a fair manner.’’ is a credit against the transmission charge as- its up-front, lump-sum payment. This com- The costs ‘‘assigned’’ or ‘‘paid’’ here means sessed to the requester, it is revenue foregone pensation may be in the form of a monetary

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K19NO8.007 E20PT1 E2358 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 credit of equal value, or financial or physical was killed March 20, 2003 while piloting a I have no objection with supporting some transmission rights, or another form of com- CH–46 Sea Knight helicopter in Kuwait, nine new or additional oil and gas exploration or pensation proposed by the TP. Under (iii)(I), miles from the border with Iraq. Ryan enjoyed production because, until we develop the en- the requirement that the crediting period be competing in cross-country and track. He was ergy alternatives of the future, we must con- ‘‘not more than 30 years’’ means that, so long also a volunteer at ‘‘Home-Sweet-Home’’ mis- tinue to meet our oil and gas needs. However, as the crediting period proposed in the plan is sion, a homeless shelter and transitional hous- it must be done responsibly. Sacrificing envi- 30 years or less, the FERC has no discretion ing program. ronmental protection for petroleum production to require that the crediting period be different The Manhattan, Illinois post office would be is not responsible. Exposing our great natural from the proposed period. named after Army Pvt. Shawn Pahnke, age treasures, especially the North Carolina coast- The term ‘‘full compensation’’ in clause (iii) 25. Pvt. Pahnke was a main battle tank crew- line, to exploitation and possible degradation generally means that the requester gets ap- man with the U.S. Army First Armored Divi- is not responsible. And placing the vast major- propriate compensation in exchange for mak- sion’s First Brigade. He was killed June 16, ity of economic incentives that H.R. 6 offers ing the up-front payment for the upgrade. In 2003 while patrolling Baghdad in a Humvee. toward more fossil fuel production, instead of the case of a monetary credit under (iii)(I), this Shawn enjoyed playing baseball. He was also energy efficiency and research into new tech- compensation is specifically identified as being a husband and a father of a new born son. nologies, is not responsible. ‘‘equal’’ to the cost of the participant funded Naming the Malden, St. Anne and Manhat- H.R. 6 provides $23.5 billion in tax breaks facilities (spread over 30 years). In the case of tan post offices after these brave soldiers is a over the next 10 years, the majority of that for the ‘‘financial or physical rights’’ option under fitting tribute to remember each of their lives, oil and gas production. That’s billions in tax (iii)(II), the compensation need not be quan- their service and the sacrifices of their families breaks for energy companies paid for by our tified in terms of an amount equal to the cost and their communities. children and grandchildren. I could support of the upgrade. For example, in the case of a When we lose a soldier, it is a terrible loss some tax incentives for new sources of en- market using locational marginal pricing for their families and for our Nation. Hardships ergy, but this Administration’s economic record (‘‘LMP’’), such amount need not (and cannot) are also felt by every family of those who are has already created a more than $400 billion be calculated in advance. Nevertheless, such abroad who not only miss their loved ones, budget deficit. I cannot support more debt for property rights resulting from the expansion but may be having a difficult time making ends future generations to pay off. The Senate are of great benefit to the requester as a meet. The members of the armed forces are version of the energy bill offered ways to pay hedge against paying potential congestion giving greatly to defend and protect our Na- for these tax breaks, but the Republican lead- charges in the future. Thus, they are appro- tion, and we owe them an enormous debt of ership struck them. Why are the Republicans priate compensation. Subclause (III) gives the gratitude. so opposed to fiscal responsibility? TP the option of proposing a different form of America’s soldiers serve our country with Not all of the bill’s provisions are bad. I am compensation. It does not give FERC discre- honor. I hope that you will join me in honoring pleased with the provisions on ethanol. They tion to require a different form of compensa- these soldiers who gave so much to our coun- will provide new markets for corn growers and tion when the TP proposes a monetary credit try. help reduce harmful emissions. The ban on On a personal note, my heart and prayers under subclause (I) or appropriate rights under the fuel additive methyl tertiary butyl ether go out to all those who have sacrificed for this subclause (II). (MTBE) will also help ethanol users while ongoing war on terror, and I urge my col- To ensure that native load consumers are keeping more MTBE from seeping into the Na- leagues to support these fitting bills. protected from paying for facilities they do not tion’s water supply. But H.R. 6 provides liabil- need, I urge my colleagues in the House and f ity protection for MTBE manufacturers. So Senate to vote for the conference report. PERSONAL EXPLANATION when somebody gets sick because their prod- f ucts got into the water supply, these compa- HONORING OUR FALLEN HEROES HON. CHARLES A. GONZALEZ nies cannot be held accountable. That’s just plain wrong. STAFF SGT. LINCOLN HOLLINS- OF TEXAS AID, CAPT. RYAN BEAUPRE AND IN THE HOUSE OF REPRESENTATIVES Like the Vice President’s energy plan, this bill was developed by Republican leaders be- PVT. SHAWN PAHNKE Wednesday, November 19, 2003 hind closed doors without concern for the Mr. GONZALEZ. Mr. Speaker, on rollcall needs of consumers. Republicans are de- HON. JERRY WELLER Nos. 620, 621, 622, 623, had I been present, manding that this House vote on a 1000+ OF ILLINOIS I would have voted ‘‘yea.’’ page bill after having less than a day to review IN THE HOUSE OF REPRESENTATIVES f it. How many of our constituents would sign a 1000 page contract after having barely a day Wednesday, November 19, 2003 CONFERENCE REPORT ON H.R. 6, to read it? None. That’s why organizations like Mr. WELLER. Mr. Speaker, I rise today to ENERGY POLICY ACT OF 2003 commend the heroic actions of three service the Carolina Utility Customers Association— members from the 11th Congressional District SPEECH OF composed of North Carolina companies like of Illinois who gave the ultimate sacrifice of Bayer Corporation, GlaxoSmithKline, Lorillard HON. BOB ETHERIDGE Tobacco, and R.J. Reynolds Tobacco—op- their life to the defense of our Nation. Army OF NORTH CAROLINA Staff Sgt. Lincoln Hollinsaid of Malden, Marine pose H.R. 6. To quote their letter, ‘‘While H.R. IN THE HOUSE OF REPRESENTATIVES Capt. Ryan Beaupre of St. Anne and Army 6 contains positive aspects, the fact remains Pvt. Shawn Pahnke of Manhattan each served Tuesday, November 18, 2003 that many questions need to be asked and proudly and bravely. Mr. ETHERIDGE. Mr. Speaker, I rise today adequately answered before this bill is Today, I am introducing legislation to honor to vote against the conference report to H.R. passed. It is simply unwise to hastily pass a their sacrifice by naming each of their home- 6, the Energy Policy Act of 2003. bill without fully understanding its impact.’’ town post offices in their name and I urge my It is a sad day in America for today Con- Unfortunately, the Republican congressional colleagues to support these bills. gress has passed up an historic opportunity to leadership wasted an opportunity to develop a The Malden, Illinois post office would be craft an energy policy for the 21st century. prudent energy policy. I must oppose H.R. 6. named after Army Staff Sgt. Lincoln Hollinsaid, The legislation we are voting on could have age 27. Staff Sgt. Hollinsaid was an engineer been an honest, bipartisan effort to halt Amer- f with the U.S. Army Third Infantry Division. He ica’s growing dependence on fossil fuels for PAYING TRIBUTE TO JAMES FUNK was killed April 7, 2003 while operating a energy. It could have been focused on new crane to help clear a path allowing U.S. Army technologies, energy efficiency, renewable en- forces to penetrate the grounds of the Bagdad ergy, and the research and development that HON. SCOTT McINNIS Airport and capture this key facility. Lincoln could produce the breakthroughs that would OF COLORADO loved fishing, four-wheeling in his truck and power the world of tomorrow. Instead, this bill IN THE HOUSE OF REPRESENTATIVES was also a self taught guitar player. is stuck in the past. Modeled after the energy Wednesday, November 19, 2003 The St. Anne, Illinois post office would be plan developed by Vice President CHENEY’s named after Marine Capt. Ryan Beaupre, age secret energy committee, H.R. 6 reflects the Mr. MCINNIS. Mr. Speaker, it is with a sol- 30. Capt. Beaupre was a helicopter pilot with philosophy that there is no energy problem emn heart that I take this opportunity to pay the U.S. First Marine Expeditionary Force. He that cannot be solved with another oil well. tribute to the life of James Funk who recently

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.060 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2359 passed away at the age of 85. Jim was a pillar of dollars added to the ticket price of a hybrid transferred themselves to an economic free- of the Hayden, Colorado community, and as or alternative fuel vehicle. Without these in- dom to invent, innovate, and trade. his family mourns their loss, I think it is appro- centives, up to $3,400 for the purchase of a Unfortunately, that freedom to trade is often priate that we remember Jim’s life and cele- hybrid vehicle and up to $8,000 for a fuel cell hindered by barriers and tariffs. Some barriers brate his contributions to our nation today. vehicle, we will not change the status quo. give unfair advantage to goods through artifi- Jim, a native Coloradan, grew up in various The energy bill compromise is not only fair cially lower prices. Other barriers try to protect towns in the mountains of the West. He lived and balanced; it is a major step forward for domestic industries, sometimes delaying much in Steamboat Springs, Hayden, and McCoy. our country. By providing a more stable, af- needed innovation. Following high school, Jim answered his coun- fordable supply of energy, it will protect and Countries that open their domestic markets, try’s call to duty and served in the United create hundreds of thousands of jobs, save remove barriers to foreign direct investment, States Army for four years. In 1947, Jim mar- families money, and reduce pollution. and promote free enterprise improve the lives ried Avis Hooker, his wife of 56 years. f of their citizens. The US and the UK should Throughout his life, Jim was active in nu- encourage open markets because limiting the merous community groups, including the Farm PERSONAL EXPLANATION availability of goods or increasing the final Bureau, the Upper Yampa River Water Con- price paid by consumers can directly inhibit servancy Board, the Hayden School Board, HON. MAC COLLINS consumer freedom and reduce consumer wel- and the Routt County Planning Commission. OF GEORGIA fare. He was a member and former Commander of the Hayden American Legion Post and a IN THE HOUSE OF REPRESENTATIVES As the largest economy in the world, the member of the Hayden Congregational Wednesday, November 19, 2003 United States should lead the movement for Church. In addition, Jim was instrumental in free trade because free trade boosts our econ- organizing the West Routt Fire Protection Dis- Mr. COLLINS. Mr. Speaker, I was not omy. An International Trade Commission re- trict. Despite his busy schedule, Jim managed present for rollcall vote 634, the Captive Wild- port estimates that the elimination of tariffs be- to be a loving father, husband and friend. life Safety Act (H.R. 1006); rollcall vote 635, tween the United States and the United King- Mr. Speaker, James Funk’s dedication and Expressing the sense of Congress regarding dom would result in an 11 percent to 16 per- selflessness certainly deserve the recognition the importance of motorsports (H. Con. Res. cent increase in American exports to the of this body of Congress. It is my privilege to 320); rollcall vote 636, National Museum of Af- United Kingdom. rican-American History and Culture Act (H.R. pay tribute to him for his contributions to the The economic relationship between the US 3491); rollcall 637, Berkley Motion to Instruct community of Hayden and our nation. I would and UK is one of the largest trading relation- Conferees; rollcall 638, Mutual Fund Integrity like to extend my thoughts and deepest sym- ships in the world. Direct foreign investment and Fee Transparency Act (H.R. 2420); rollcall pathies to Jim’s family and friends during this flowing between our countries totals nearly 640, Honoring the victims of the Cambodian difficult time of bereavement. $400 billion—the largest such relationship in genocide (H. Con. Res. 83); rollcall 641, Hon- the world. British investment in the United f oring the Seeds of Peace (H. Con. Res. 288); States helps to sustain over 1 million Amer- rollcall 642, Commending Afghan Women (H. CONFERENCE REPORT ON H.R. 6, ican jobs. ENERGY POLICY ACT OF 2003 Res. 393); rollcall 643, Recognizing the Fifth Anniversary of the signing of the International In my home state of Indiana, there are 141 British companies doing business, including SPEECH OF Religious Freedom Act (H. Res. 423); and roll- call 644, Fairness to Contact Lens Consumer Rolls Royce and Smith Industries. These com- HON. DAVE CAMP Act (H.R. 3140). panies provide 36,000 Hoosiers with jobs. Fur- OF MICHIGAN Had I been present, I would have voted thermore, major Indiana companies such as IN THE HOUSE OF REPRESENTATIVES ‘‘yea’’ for rollcall votes 634, 635, 636, 638, Eli Lilly, Great Lakes Chemical, Biomet, and Lincoln National Corporation have substantial Tuesday, November 18, 2003 640, 641, 642, 643, and 644. I would also vote ‘‘nay’’ for rollcall vote 637. interests in Great Britain. Mr. CAMP. Mr. Speaker, I rise in support of f In the past few years the United States ne- H.R. 6. gotiated or is negotiating FTAs with a number We have pushed for and promised a new UNITED KINGDOM FREE TRADE of countries. Yet, the United Kingdom is not national energy policy for a decade, and it is AGREEMENT RESOLUTION one of those countries. Given the depth of our time we deliver on that promise; a promise relationship and that exports could increase 11 that tells our families they won’t be left out in HON. MARK E. SOUDER percent to 16 percent, it seems natural for the cold due to skyrocketing home-heating Americans to push for this FTA. Increasing bills, a promise that tells the American worker OF INDIANA trade will help workers in Indiana and through- that an unstable and unaffordable energy sup- IN THE HOUSE OF REPRESENTATIVES out the United States. ply won’t force employers to reduce benefits Wednesday, November 19, 2003 Furthermore, as the European Union con- or eliminate jobs, and a promise that tells our tinues to tighten its control over member children that they will be able to live and grow Mr. SOUDER. Mr. Speaker, I rise today to states, the days when the United Kingdom is in a clean, healthy environment. introduce a resolution expressing the sense of free to set its own trade policy and negotiate It is on that last point, encouraging the de- Congress that the President of the United its own trade agreements may be numbered. velopment of environmentally friendly energy, States should enter into a free trade agree- A proposed EU constitution will potentially put that I rise today. Transportation accounts for ment (FTA) with the United Kingdom of Great more power in the hands of bureaucrats in more than 75 percent of total oil consumption Britain and Northern Ireland. Brussels rather than London. in the United States. Accelerating the use of The United States and the United Kingdom fuel-efficient technologies and cleaner burning share one of the closest and most unique cul- Also, given the recent anti-American senti- fuels by the auto industry will have a profound tural, economic, strategic relationships of any ment running through much of continental Eu- impact on safeguarding our health and our en- two countries in history. Our nations are based rope, it is highly probable that those in control vironment. on the rule of law. We share a common his- of the EU will use the organization to stymie The high costs of new technologies, how- tory, language, and love of freedom and lib- US economic interests. The United States ever, have stalled progress in the past. And, erty. Our military alliance liberated Europe must take this opportunity to protect its trade as California’s experiment with electric en- from Adolf Hitler and removed Saddam Hus- with Great Britain and to help Great Britain gines quotas proved, top-down, government- sein from power in Iraq. The entrepreneurial protect its right to trade with whomever it driven reforms do not work. We cannot expect spirit of Americans and Britons is evident in wants, however it wants. results if the expectations and demands of the economic power our countries have ex- In an amendment offered by Senator MITCH consumers are not met. This energy bill puts erted for over two hundred years. MCCONNELL of Kentucky to its Fiscal Year consumers in the driver’s seat for developing I believe that it is no accident that two of the 2004 budget resolution, the United States technology, and will create a sustainable effort most freedom-loving countries on earth have Senate expressed its support for an FTA with to improve fuel efficiency and reduce pollution. also been the most economically successful the United Kingdom (S. Con. Res. 23). It is By providing tax credits directly to con- countries. The independence and liberties time the House of Representatives expresses sumers, this bill will help offset the thousands Americans and Britons enjoy politically have its support too.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\K19NO8.008 E20PT1 E2360 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 PAYING TRIBUTE TO EDGAR Sgt. Edward Anguiano, 24, of Los Fresnos, the Wilson-Towns Hepatitis C Epidemic Con- STOPHER was killed in action on March 23; trol and Prevention Act, which I have intro- Chief Warrant Officer Andrew Arnold, 30, duced today with Representative WILSON of of Spring, was killed in action on March 22; HON. SCOTT McINNIS Spc. Richard Arriaga, 20, of Ganado, was New Mexico. OF COLORADO killed in an action on September 18; The virus which causes Hepatitis C was first IN THE HOUSE OF REPRESENTATIVES Sgt. Michael Barrera, 26, of Von Ormy, was identified in 1989. Currently, about 4 million killed in action on October 28; people in the United States are believed to Wednesday, November 19, 2003 Staff Sgt. Gary Collins, 32, of Hardin, was have the Hepatitis C virus. However, exact fig- Mr. MCINNIS. Mr. Speaker, it is with a sol- killed in action on November 8; ures are not available because of the stealthy Capt. Eric Das, 30, of Amarillo, was killed emn heart that I take this opportunity to pay in action on April 7; nature of this virus. Often called the ‘‘silent tribute to the life of Edgar Stopher who passed Pvt. Ruben Estrella-Soto, 18, of El Paso, epidemic,’’ people infected with the Hepatitis C away recently at the age of 93. Edgar was a was killed in action on March 23; virus can be virtually symptom-free for dec- pillar of our Colorado community, and as his Master Sgt. George Fernandez, 36, of El ades before realizing that life-threatening dam- family mourns their loss, I think it is appro- Paso, was killed in action on April 2; age has occurred. Unfortunately, to date, there priate that we remember his life and celebrate Pvt. Robert Frantz, 19, of San Antonio, was is no vaccine to prevent this disease. killed in action on June 17; When this virus first appeared, it was be- his contributions to our nation today. Spc. Rodrigo Gonzalez-Garza, 26, of Texas, Edgar was born in Loveland, Colorado in was killed in action on February 25; lieved that only intravenous drug users were 1909. After his graduation from high school in Pfc. Analaura Esparza-Gutierrez, 21, of at risk. However, today we know that this dis- 1929, Edgar continued his education at the Houston, was killed in action on October 1; ease is no respecter of persons. People from University of Colorado, where he earned a Chief Warrant Officer Second Class Scott all walks of life have become victims of this bachelors degree in 1932. During World War Jamar, 32, of Granbury, was killed in action virus. Our young people are particularly at risk on April 2; II, Edgar answered his country’s call to duty because tattoos and body piercings have be- Staff Sgt. Phillip Jordan, 42, of Brazoria, come the fastest growing mode of trans- and served in the United States Air Force. By was killed in action on March 23; war’s end Edgar had achieved the rank of Cpl. Brian Kennedy, 25, of Houston, was mission for Hepatitis C. Many young people Major and was awarded numerous decora- killed in action on March 21; are unwittingly putting themselves at risk for tions. Spc. James Kiehl, 22, of Comfort, was contracting this disease. We must provide Following the War, Edgar moved to Estes killed in action on March 23; them with information which will enable them Chief Warrant Officer Johnny Mata, 35, of to make informed decisions about this risk. Park, where he became the General Manager Amarillo, was killed in action on March 23; of the Stanley Hotel. In 1970, he joined the Mr. Speaker, this bipartisan effort, which is Cpl. Jesus Medellin, 21, of Fort Worth, was modeled after a bill introduced on the Senate Sheraton Corporation as General Manager of killed in action on April 7; side by Senators KAY BAILEY HUTCHISON of the French Lick Springs Hotel in Indiana. Ed- Sgt. Daniel Methvin, 22, of Belton, was Texas and EDWARD KENNEDY of Massachu- gar’s position with the Sheraton ultimately led killed in action on July 26; Pfc. Anthony Miller, 19, of San Antonio, setts, will direct the Secretary of Health and to his relocation to Steamboat Springs, where was killed in action on April 7; Human Services to establish, promote and he became the manager of the Sheraton Hotel Sgt. Keelan Moss, 23, of Houston, was support a comprehensive prevention, research there. He retired from that position in 1985. killed in action on November 2; and medical management referral program for Edgar was active in volunteer work in every Spc. Joseph Norquist, 26, of San Antonio, was killed in action on October 9; persons suffering from the Hepatitis C virus. If Colorado community in which he lived. He passed, this bill will represent the first federal was a member of the Chamber of Commerce, Staff Sgt. Hector Perez, 40, of Corpus Christi, was killed in action on July 24; effort to provide a strategic approach to com- President of the Board of Education and also Second Lt. Jonathan Rozier, 25, of Katy, bat this disease. gave his time to the Masonic Lodge. was killed in action on July 19; Mr. Speaker, this disease has affected al- Mr. Speaker, Edgar Stopher’s dedication Cpl. Tomas Sotelo, Jr., 20, of Houston, was most 2 percent of the population of this coun- and selflessness certainly deserve the rec- killed in action on June 27; try. We must take concrete action now before Spc. James Wright, 27, of Morgan, was ognition of this body of Congress. It is my many more are needlessly subjected to this privilege to pay tribute to him for his contribu- killed in action on September 18; Pfc. Stephen Wyatt, 19, of Kilgore, was virus. Let us not miss this opportunity to avert tions to the State of Colorado and our nation. killed in action on October 13; this potential public health threat. I urge my I would like to extend my thoughts and deep- Pfc. Chad Bales, 20, of Coahoma, died on colleagues to support this bill. est sympathies to Edgar’s family and friends April 3. f during this difficult time. Spc. Zeferino Colunga, 20, of Bellville, died on August 6. f CONGRATULATIONS, DR. ANDREW 1st Sgt. Joe Garza, 43, of Robstown, died on BELSER TEXAS TROOPS IN IRAQ April 28. Spc. John Johnson, 24, of Houston, died on October 22. HON. BILL SHUSTER HON. GENE GREEN Spc. Christian Schulz, 20, of Colleyville, OF PENNSYLVANIA OF TEXAS died on July 11. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Spc. Joseph Suell, 24, of Lufkin, died on June 16. Wednesday, November 19, 2003 Wednesday, November 19, 2003 Sgt. Melissa Valles, 26, of Eagle Pass, died Mr. SHUSTER. Mr. Speaker, I rise today to Mr. GREEN of Texas. Mr. Speaker, I rise on July 9. congratulate Dr. Andrew Belser of Juniata Col- today to pay tribute to the brave men and Sgt. Henry Ybarra, 32, of Austin, died on September 11. lege on receiving the prestigious Pennsylvania women of our Armed Forces and especially to Professor of the Year award and to thank him honor those who have bravely fought and These men and women gave their lives de- for the dedication and guidance with which he given their lives in Iraq. fending their country and fighting to liberate a has provided his students. Texans have a long history of serving in our country that has never experienced freedom. Since 1981, the United States Professors of military, and the same holds true today in Iraq. Our thoughts and prayers go out to the fam- the Year program has rewarded outstanding There have been more men and women ily and friends of these individuals. professors for their invaluable work. It is the They served their country bravely, and they from Texas who have given their lives in Iraq, only national program to recognize college will forever be remembered as heroes. than from any other State other than Cali- and university professors for their teaching fornia. f skills, and thus, this award is a testament to Since the U.S. launched its first airstrike in INTRODUCTION OF THE WILSON- Dr. Belser’s commitment to his students and Iraq, 273 Americans have been killed in hos- TOWNS HEPATITIS C EPIDEMIC the dedication to teaching upon which he tile action; 158 of those deaths coming after CONTROL AND PREVENTION ACT prides himself. the President declared major combat to be Since 1997, Dr. Belser has inspired and di- over on March 1. HON. EDOLPHUS TOWNS rected Juniata College students to study and As of Friday, the Defense Department knew perform to the best of their abilities. He teach- OF NEW YORK of 34 Texans who had been killed serving es the importance of maintaining tremendous IN THE HOUSE OF REPRESENTATIVES their country in Iraq. discipline, technique and skill while making Our hearts go out to the family members of Wednesday, November 19, 2003 theater, which is a valuable lesson that will in- these individuals who have made the ultimate Mr. TOWNS. Mr. Speaker, I rise today to fluence and guide these students in every en- sacrifice for their country: urge my colleagues to join me in support of deavor. An experience in the arts, such as the

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K19NO8.009 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2361 one that Dr. Belser provides, contributes and friend. As Sams’s 70th birthday ap- I would especially like to thank my colleague greatly to one’s personal growth as well as the proaches, I would like to call attention to his from Georgia, Mr. LEWIS, for his tireless efforts growth of the community. many contributions to the Colorado commu- over the years to ensure that a National Mu- Dr. Belser commands a very influential and nity. seum of African American History and Culture central role in the construction of the Regional Sam is the senior partner of the Durango will be added soon to our Smithsonian Institu- Performing Arts Center, the new theater com- law firm of Maynes, Bradford, Shipps and tion. This project would not be as close as we plex at Juniata College. He has used his ex- Sheftel. Formed in 1961, Sam’s firm is general are today without him, and I am proud to be pertise not only to teach and enliven his stu- counsel for the Ute Indian Tribe, and special a part of it. dents, but to entertain and educate the sur- counsel for the Ute Mountain Tribe. Sam is Mr. LEWIS, thank you for your steadfast rounding community as well. Dr. Belser’s dedi- also one of the foremost experts in water law commitment and leadership on this issue and cation and loyalty to the arts is uncommon in in the United States. He is general counsel for for allowing me to work with you on it. the technologically focused world we live in the Southwestern Water Conservation District Mr. Speaker, the time has come for a dedi- today, but without such invigorating mentors in Colorado and was instrumental in working cated, national museum to celebrate African people would lose the rich culture that influ- to reach a compromise to make the Animas American culture, experience, and history. ences every action and inspires every thought. La Plata water project possible. As an attor- The history and culture of African Americans I congratulate Dr. Andrew Belser on this ney, Sam redefines the phrase ‘zealous advo- is our history and culture. When we learn that great honor and hope that he continues to cacy.’ He is renowned for fighting ferociously history—the good and the bad, the tragic and spread his wisdom and passion for many for what he believes in. Sam is a man of con- the inspiring—we learn about ourselves. By years to come. viction, and principle, when his morals dictate understanding our common past we can begin a position for one of his clients; he is willing to envision a brighter future. f to go to the ends of the earth to assure that Bringing this museum into our national PERSONAL EXPLANATION justice prevails. memory at the Smithsonian Institution is the Sam’s ferocious advocacy has earned him right thing to do. And bringing this museum to HON. LUIS V. GUTIERREZ many accolades. He is the recipient of the a prominent and fitting home in our Nation’s United States Bureau of Reclamation Citizen Capital is also the right thing to do. OF ILLINOIS Award, the Wayne N. Aspinall Water Leader There are many issues surrounding this mu- IN THE HOUSE OF REPRESENTATIVES of the Year Award, the Distinguished Achieve- seum which I believe have been fairly ad- Wednesday, November 19, 2003 ment Award from the University of Colorado dressed by this bill. We have tried to closely follow the model recently adopted for the Na- Mr. GUTIERREZ. Mr. Speaker, I was also Law School, and the Citizen of the Year tive American Museum currently under con- unavoidably absent from this Chamber on Award from the Durango Area Chamber Re- struction. Issues regarding museum govern- June 3, 2003. I would like the RECORD to sort Association. In addition, Sam was named an Honorary Order of the Coif by the Univer- ance and cost sharing, for example, follow this show that, had I been present, I would have model. voted ‘‘yea’’ on rollcall vote 232. On June 9, sity of Colorado School of Law. Sam’s many recognitions are a testament to his talent, con- We ensure this is a true partnership with the 2003, I was absent from this chamber and I private sector and the public at-large by cap- would like the RECORD to show that, had I viction and integrity. The State of Colorado is truly a better place as the result of Sam’s con- ping Federal contributions at 50 percent. been present, I would have voted ‘‘yea’’ on We ensure the historical integrity of the tributions. rollcall votes 249, 250, and 251. I was also project by fully integrating this museum into absent from this Chamber on June 11, 16 and The year since Sam’s last birthday has been a trying one. Last winter, Sam lost his the Smithsonian system. 19, 2003, and would like the RECORD to show We ensure the project fits into our Nation’s wonderful wife Jacqueline to multiple sclerosis. that, had I been present, I would have voted Capital by preserving the consultative role of Jacqueline was Sam’s ‘‘angel’’ and the mother ‘‘nay’’ on rollcall vote 257 and ‘‘yea ‘‘on rollcall the National Capital Planning Commission. votes 258, 259, 260, 261, 276, 277, 278, and of his four tremendous children. However, The one point that has been made many 294. even after her death, Sam approaches each times throughout this process was that a spe- On June 24, 2003, I was also absent from day with the knowledge that Jacqueline is cific site for this museum should be decided this Chamber and would like the RECORD to there with him as he fights for those who need now. The Presidential Commission, authorized show that, had I been present, I would have his help. Despite these tribulations, Sam still by the Congress, recommended five sites voted ‘‘nay’’ on rollcall vote 305. displays a playful zest for life each day. Those within the District of Columbia, four of which who visit Sam in his office are often treated to f are included as options in this bill. Each of a piece of Sam’s famous homemade apricot these sites has significant benefits as well as PERSONAL EXPLANATION brandy pound cake while they are amused by drawbacks. I strongly believe that is critical to Sam’s charm, humor and contentment. Sam is the timely success of this project that a final, HON. SOLOMON P. ORTIZ truly a magnificent person. achievable and suitable site is agreed upon as Mr. Speaker, it is my privilege to come be- OF TEXAS soon as possible. fore Congress to pay tribute to a man who has IN THE HOUSE OF REPRESENTATIVES To that end, all the members who have dedicated his life to the ‘‘under dog.’’ Sam’s worked so hard on this bill agreed to drop Wednesday, November 19, 2003 life is the embodiment of all that makes this consideration of a site on the Capitol grounds Mr. ORTIZ. Mr. Speaker, due to inclement country great and I consider it an honor to be which would have likely resulted in many weather and travel delays from my district, I his friend. Happy Birthday, Sam. years of further delay with no promise that the was unable to vote during the following rollcall f site could ever be made compatible with Cap- votes. Had I been present, I would have voted NATIONAL MUSEUM OF AFRICAN itol security and overall development plans. as indicated below. AMERICAN HISTORY AND CUL- This bill and this museum can serve a valu- Rollcall No. 624: ‘‘yes’’; rollcall No. 625: TURE ACT able purpose in furthering our national dia- ‘‘yes’’; rollcall No. 626: ‘‘yes’’; rollcall No. 627 logue on race. I know that it is the intention of ‘‘yes.’’ SPEECH OF everyone associated with this bill to see this f project move forward in a spirit reconciliation HON. JACK KINGSTON and not recrimination. I know we all believe PAYING TRIBUTE TO SAM MAYNES OF GEORGIA this effort is about seeking the truth of our IN THE HOUSE OF REPRESENTATIVES common history without malice. I am confident HON. SCOTT McINNIS Tuesday, November 18, 2003 we all share the view that this museum must OF COLORADO Mr. KINGSTON. Mr. Speaker, I rise in sup- be a place to bring all Americans closer to- IN THE HOUSE OF REPRESENTATIVES port of this bill and encourage all of my col- gether and that it not be allowed to become a leagues to support this long overdue museum. taxpayer subsidized headquarters for angry Wednesday, November 19, 2003 I would like to thank Chairman NEY, Mr. activists or the domain of politically correct his- Mr. MCINNIS. Mr. Speaker, it is my honor to LARSON, Chairman LATOURETTE, Ms. HOLMES- torical revisionists. I hope that all of us here rise and pay tribute to my friend Sam Maynes. NORTON for their diligence in improving this bill today, and those of us who will be here in the Sam has dedicated his life to advocating for and bringing it before us today. It has been a future, will remain committed to this museum the empowerment of those less fortunate. He pleasure working with each of you and your in the spirit of truth, reconciliation, and respect is a tremendous attorney, husband, father, staffs. with which we take this action here today.

VerDate jul 14 2003 05:47 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.070 E20PT1 E2362 CONGRESSIONAL RECORD — Extensions of Remarks November 20, 2003 Mr. Speaker, expanding our national treas- The island of St. Croix has a long, distin- would increase the matching waiver require- ure, the Smithsonian Institution, to include the guished, and varied history, including being ment for the first time in twenty years. National Museum of African American History the site where Christopher Columbus first Last year the Resources Committee unani- and Culture is a tremendous opportunity to re- stepped onto what is now American soil. mously passed a similar bill jointly sponsored member our past while looking forward our There is significant interest in preserving and by our former colleague from Guam Robert common future. I encourage all my colleagues enhancing the natural, historical and cultural Underwood, ENI FALEOMAVAEGA and myself to vote in favor of this bill. resources of the island on a cooperative basis and I’m pleased that we are once again taking f and such a study would provide guidance on this action. how we can best achieve those purposes. Mr. Speaker, as I indicated, it has been URGING THE PRESIDENT TO National Heritage areas are places where nearly twenty years since this law has been PRESENT THE PRESIDENTIAL natural, cultural, historical and recreational re- revisited. While territorial economies have im- MEDAL OF FREEDOM TO HIS HO- sources combine to form a nationally distinc- proved each government, particularly my own, LINESS, POPE JOHN PAUL II tive landscape arising from patterns of human the government of the U.S. Virgin Islands con- tinues to be challenged with rising unemploy- SPEECH OF activity shaped by geography. While each island can make a good case ment, decreased government revenues, and HON. BART STUPAK for designation, the island of St. Croix with its attracting new capital for diversification. H.R. OF MICHIGAN two historic towns—Christiansted built in 1734 1189 will help broaden U.S. territories’ access IN THE HOUSE OF REPRESENTATIVES and Frederiksted built in 1752—is richly to Federal grants by increasing the amount Federal agencies shall waive to $500,000. Tuesday, November 18, 2003 blessed with all of the attributes that would justify this designation. The bill also seeks to end the inconsistent Mr. STUPAK. Mr. Speaker, I rise to honor The town’s historic architecture matured manner in which 48 U.S.C. section 1469(a) is His Holiness Pope John Paul II as Roman over a 100-year period. The town of Christian- applied by clarifying that the matching waiver Catholics throughout the world celebrate his sted is one of the finest examples of Danish applies to all federal agencies and depart- Silver Jubilee anniversary this year. architectural designs in this hemisphere. Its ments making grants to the U.S. territories, The resolution before us, H. Con. Res. 313, history can be traced back some 4,000 years not just the Department of Interior (DOI). The recognizes the Pope for his enduring and his- to 2500 BC. bill also requires DOI to provide a report to toric contributions to human dignity and peace In 1493 Columbus arrived at what is now Congress on the effect of the updated waiver and urges President Bush to present him with the Salt River National Historic Park and Eco- requirement. the Presidential Medal of Freedom. logical Preserve, making it the only site under It is my hope also Mr. Speaker, that Federal I can think of no more fitting a tribute to agencies will apply the waiver not just to Pope John Paul II, our first ever non-Italian the American flag where his men went ashore, as well as the first recorded hostile encounter grants awarded to the territorial governments, pope, in honoring his 25th year as Bishop of but also to non-profit organizations and other Rome and Supreme Pastor of the Catholic between Europeans and Native Americans. Frederiksted has the distinction of having eligible non-governmental entities in the terri- Church. His service began on October 22, been the first jurisdiction to have raised its flag tories. Non-profit organizations in the terri- 1978. in salute of the new republic of the United tories fulfill a significant role in our commu- As the spiritual leader of more than one bil- nities. Groups such as Lutheran Social Serv- lion Catholic Christians worldwide, including States of America, and indeed the first de- signed flag was done by a resident of that is- ices, the St. Croix Community Foundation and 66 million in the United States alone, the reso- the V.I. Resource Center help meet the needs lution memorializes the gratitude of many. land. Among the many strong ties of great na- of the homeless, the disadvantaged, and During his tenure he has visited more than those whose lives are buffeted by tough eco- 125 countries and traveled more than 750,000 tional significance between St. Croix and the United States, perhaps the most significant nomic times. Their work is often supported by miles making unprecedented contributions to federal grants. Without such Federal assist- the freedom of the world community. one is that this island was the boyhood home of Alexander Hamilton, and where he began to ance, the non-profit organizations in the terri- The Holy Father’s remarkable work has tories would struggle to meet their missions been globally reaching—from his diplomatic develop the skills employed as the first Sec- retary of the Treasury of this country. and most would not be able to maintain the leadership toward the peaceful liberation of his current level of assistance to our communities. Polish homeland and demise of the Soviet I want to thank Full Committee Chairman POMBO, Ranking Member RAHALL as well as In conclusion, Mr. Speaker, I want to thank empire, to his promotion of human rights in OMBO A Subcommittee Chairman RADANOVICH for their Chairman P and Ranking Member R - rogue nations, to his efforts to heal historic di- HALL for their willingness to support and shep- visions between the Catholic Church and other support is getting H.R. 1594 and H.R. 280 to the floor of the House today. herd this bill through the legislative process. I worldwide religions. also want to particularly thank our former col- Mr. Speaker, whether you are Catholic or My colleagues, H.R. 1549 is a good bill, which could serve as a catalyst for reinvigo- league Bob Underwood, who for most of his not, no one can deny the significant impact tenure in the House, made increasing the Pope John Paul II has made on world peace rating the lagging tourism sector on St. Croix. I urge its adoption. matching waiver for the territories one of his and freedom. His efforts have improved the highest priorities. I urge my colleagues to sup- f lives of Christians and non-Christians alike. port passage of this bill. I urge my colleagues to support this special INCREASING THE WAIVER RE- f resolution for the honored accomplishments of QUIREMENT FOR CERTAIN His Holiness Pope John Paul II—a positive in- LOCAL MATCHING REQUIRE- A TRIBUTE TO A.C. LYLES spiration to Catholics and all humankind. MENTS TO AMERICAN SAMOA, f GUAM, THE VIRGIN ISLANDS, OR HON. NICK SMITH OF MICHIGAN ESTABLISHING NATIONAL THE COMMONWEALTH OF THE IN THE HOUSE OF REPRESENTATIVES AVIATION HERITAGE AREA NORTHERN MARIANA ISLANDS Wednesday, November 19, 2003 SPEECH OF SPEECH OF Mr. SMITH of Michigan. Mr. Speaker, re- HON. DONNA M. CHRISTENSEN HON. DONNA M. CHRISTENSEN cently I had the privilege of visiting with a OF THE VIRGIN ISLANDS OF THE VIRGIN ISLANDS great American by the name of A.C. Lyles, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES who has befriended many celebrities over the years. Throughout the decades that he has Tuesday, November 18, 2003 Tuesday, November 18, 2003 worked at Paramount Pictures, A.C. Lyles has Mrs. CHRISTENSEN. Mr. Speaker, I rise in Mrs. CHRISTENSEN. Mr. Speaker, I rise in become loved by studio staff, by stars, and by support of H.R. 280, legislation to create the support of H.R. 1189, to increase the waiver Presidents. He has made countless contribu- National Aviation Heritage Area and urge my requirement for certain local matching require- tions to the motion picture industry and be- colleagues to support its passage. H.R. 280 ments for grants to American Samoa, Guam, come a legendary producer, writer and part- includes as one of its sections, my bill, H.R. the Virgin Islands or the Commonwealth of the ners in numerous theatrical features and tele- 1594, to provide for a suitability and feasibility Northern Mariana Islands. I want to commend vision shows. study of establishing a St. Croix National Her- my colleagues ENI FALEOMAVAEGA and MAD- A.C. Lyles was born May 17, 1918 in Jack- itage Area in the United States Virgin Islands. ELEINE BORDALLO for introducing the bill, which sonville, Florida. Even as a young boy, he

VerDate jul 14 2003 06:04 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.075 E20PT1 November 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2363 dreamed of Hollywood. Following his high As the Hollywood liaison to Presidents, A.C. These awards include the famed Golden school graduation, A.C. was hired by Para- brought the culture of art to the White House. Spurs award, the George Washington Award mount to work in the mail room. It was not During the administration of his close friend, of the Freedoms Foundation, and a star on long before he was promoted to a director of Ronald Reagan, and throughout the Bush Ad- the Hollywood Walk of Fame. On behalf of the publicity at the tender age of 19, and eventu- ministration, he brought celebrities to entertain United States Congress, and his good friends at presidential functions. He also served on ally became a producer in 1954. Among the AVID DREIER and the Hon. MARY the Presidential Board of Advisors on Private the Hon. D variety of successful features and television Sector Initiatives and regularly attended meet- BONO, I am pleased to recognize his extraor- shows that he produced over the years, A.C. ings at the White House and on Capitol Hill. dinary career once again in admiration of his was perhaps best known for the western mov- A.C. has been recognized countless times unyielding dedication and unparalleled ies that became a Paramount trademark. over the years for his work at Paramount. achievement.

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HIGHLIGHTS Senate and House passed H.J. Res. 78, Continuing Appropriations. The House agreed to the conference report on H.R. 2417, Intelligence Authorization Act for FY 2004. Senate Health Care Safety Net Amendments of 2002, and Chamber Action the bill was then passed, clearing the measure for the Routine Proceedings, pages S15211–15323 President. Page S15303 Measures Introduced: Fifteen bills and two resolu- Polio Threat: Committee on Health, Education, tions were introduced, as follows: S. 1897–S. 1911, Labor, and Pensions was discharged from further and S. Res. 269–270. Pages S15286–87 consideration of S. Res. 266, expressing the sense of Measures Reported: the Senate with respect to polio, and the resolution S. 1741, to provide a site for the National Wom- was then agreed to. Page S15303 en’s History Museum in the District of Columbia. National Museum of African American History (S. Rept. No. 108–204) and Culture: Senate passed H.R. 3491, to establish S. 1425, to amend the Safe Drinking Water Act within the Smithsonian Institution the National Mu- to reauthorize the New York City Watershed Protec- seum of African American History and Culture, tion Program, with an amendment. (S. Rept. No. clearing the measure for the President. 108–205) Pages S15303–06 S. 1567, to amend title 31, United States Code, to improve the financial accountability requirements Congratulating John Gagliardi: Senate agreed to applicable to the Department of Homeland Security, S. Res. 270, congratulating John Gagliardi, football with an amendment in the nature of a substitute. coach of St. John’s University, on the occasion of his Page S15286 becoming the all-time winningest coach in collegiate history. Page S15306 Measures Passed: Motorsports: Senate agreed to S. Res. 253, to rec- Hugh Gregg Post Office Building: Senate passed ognize the evolution and importance of motorsports. H.R. 3185, to designate the facility of the United Pages S15306–07 States Postal Service located at 38 Spring Street in Nashua, New Hampshire, as the ‘‘Hugh Gregg Post Motorsports: Senate agreed to H. Con. Res. 320, Office Building’’, clearing the measure for the Presi- expressing the sense of the Congress regarding the dent. Page S15303 importance of motorsports. Page S15307 John G. Dow Post Office Building: Senate passed U.S. Fire Administration Authorization: Senate H.R. 3166, to designate the facility of the United passed S. 1152, to reauthorize the United States Fire States Postal Service located at 57 Old Tappan Road Administration, after agreeing to the committee in Tappan, New York, as the ‘‘John G. Dow Post amendment in the nature of a substitute, and the Office Building’’, clearing the measure for the Presi- following amendment proposed thereto: dent. Page S15303 Pages S15307–10 Health Care Safety Net Amendments Technical Frist (for McCain) Amendment No. 2207, in the Corrections Act: Committee on Health, Education, nature of a substitute. Page S15310 Labor, and Pensions was discharged from further D.C. Superior Court Judgeships: Senate passed S. consideration of H.R. 3038, to make certain tech- 1561, to preserve existing judgeships on the Superior nical and conforming amendments to correct the Court of the District of Columbia. Page S15310 D1306

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 November 20, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1307 Fairness to Contact Lens Consumer Act: Senate James R. Davis, of Mississippi, to be a Member passed H.R. 3140, to provide for availability of con- of the Board of Directors of the National Board for tact lens prescriptions to patients, clearing the meas- Education Sciences for a term of two years. (New Po- ure for the President. Page S15310 sition) Continuing Appropriations: Senate passed H.J. Robert C. Granger, of New Jersey, to be a Mem- Res. 78, making further continuing appropriations ber of the Board of Directors of the National Board for the fiscal year 2004, after agreeing to the fol- for Education Sciences for a term of four years. (New lowing amendment proposed thereto: Page S15310 Position) Frist Amendment No. 2208, to make a technical Frank Philip Handy, of Florida, to be a Member correction. Page S15310 of the Board of Directors of the National Board for Education Sciences for a term of three years. (New Energy Policy Act—Conference Report: Senate Position) continued consideration of the conference report to Eric Alan Hanushek, of California, to be a Mem- accompany H.R. 6, to enhance energy conservation ber of the Board of Directors of the National Board and research and development, to provide for secu- for Education Sciences for a term of two years. (New rity and diversity in the energy supply for the Amer- Position) ican people. Pages S15212–52, S15255–72 Caroline M. Hoxby, of Massachusetts, to be a A unanimous-consent agreement was reached pro- Member of the Board of Directors of the National viding for further consideration of the conference re- Board for Education Sciences for a term of four years. port at 9:30 a.m., on Friday, November 21, 2003, (New Position) with 60 minutes of debate prior to the vote on the Gerald Lee, of Pennsylvania, to be a Member of motion to close further debate thereon. Page S15252 the Board of Directors of the National Board for Healthy Forests Restoration Act: Senate insisted Education Sciences for a term of four years. (New on its amendments to H.R. 1904, to improve the ca- Position) pacity of the Secretary of Agriculture and the Sec- Roberto Ibarra Lopez, of Texas, to be a Member retary of the Interior to plan and conduct hazardous of the Board of Directors of the National Board for fuels reduction projects on National Forest System Education Sciences for a term of two years. (New Po- lands and Bureau of Land Management lands aimed sition) at protecting communities, watersheds, and certain Richard James Milgram, of New Mexico, to be a other at-risk lands from catastrophic wildfire, to en- Member of the Board of Directors of the National hance efforts to protect watersheds and address Board for Education Sciences for a term of three threats to forest and rangeland health, including cat- years. (New Position) astrophic wildfire, across the landscape, and agreed Sally Epstein Shaywitz, of Connecticut, to be a to the House request for a conference on the dis- Member of the Board of Directors of the National agreeing votes of the two Houses thereon, and the Board for Education Sciences for a term of three Chair was authorized to appoint the following con- years. (New Position) ferees on the part of the Senate: Senators Cochran, Joseph K. Torgesen, of Florida, to be a Member McConnell, Crapo, Domenici, Harkin, Leahy, and of the Board of Directors of the National Board for Daschle. Page S15217 Education Sciences for a term of four years. (New Nominations Received: Senate received the fol- Position) lowing nominations: Herbert John Walberg, of Illinois, to be a Mem- Stuart W. Holliday, of Texas, to be an Alternate ber of the Board of Directors of the National Board Representative of the United States of America to for Education Sciences for a term of three years. the Sessions of the General Assembly of the United (New Position) Nations during his tenure of service as Alternate Ronald E. Meisberg, of Virginia, to be a Member Representative of the United States of America for of the National Labor Relations Board for the term Special Political Affairs in the United Nations. of five years expiring August 27, 2008. Jonathan Baron, of Maryland, to be a Member of 22 Air Force nominations in the rank of general. the Board of Directors of the National Board for 2 Army nominations in the rank of general. Education Sciences for a term of three years. (New Routine lists in the Army, Navy. Pages S15316–23 Position) Messages From the House: Pages S15281–82 Elizabeth Ann Bryan, of Texas, to be a Member Measures Referred: Page S15282 of the Board of Directors of the National Board for Education Sciences for a term of four years. (New Enrolled Bills Signed: Page S15282 Position) Enrolled Bills Presented: Page S15282

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 D1308 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2003

Executive Communications: Page S15282 PRESCRIPTION DRUG REIMPORTATION Petitions and Memorials: Pages S15283–86 Committee on Commerce, Science, and Transportation: Additional Cosponsors: Pages S15287–88 Committee concluded a hearing to examine prescrip- tion drug importation, focusing on public health Statements on Introduced Bills/Resolutions: threats posed by the importation of unapproved, Pages S15288–S15301 adulterated and misbranded drugs, as well as coun- Additional Statements: Pages S15279–81 terfeit drugs from foreign and domestic sources that Amendments Submitted: Pages S15301–02 pose a threat to the health and safety of U.S. con- sumers, after receiving testimony from Senators Authority for Committees to Meet: Page S15302 Santorum and Stabenow; Representatives Gutknecht Adjournment: Senate met at 9:30 a.m. and ad- and Sanders; former Representative David Funder- journed at 9:38 p.m. until 9:30 a.m. on Friday, No- burk, on behalf of TREA Senior Citizens League, Al- vember 21, 2003. (For Senate’s Program, see the re- exandria, Virginia; Minnesota Governor Tim marks of the Majority Leader in today’s Record on Pawlenty, St. Paul; John M. Taylor III, Associate page S15316). Commissioner for Regulatory Affairs, Food and Drug Administration, Department of Health and Human Services; Carmen A. Catizone, National Association Committee Meetings of Boards of Pharmacy, Park Ridge, Illinois; Lewis (Committees not listed did not meet) Lubka, Fargo, North Dakota, on behalf of the Alli- ance for Retired Americans; and Donald MacArthur, IRAQ European Association of Euro-Pharmaceutical Com- panies, Essex, England. Committee on Armed Services: Committee met in closed session to receive a briefing on an assessment of the NORTHEAST BLACKOUT current situation in Iraq from Vice Admiral Lowell Committee on Governmental Affairs: Subcommittee on E. Jacoby, USN, Director, and Jami Miscik, Deputy Oversight of Government Management, the Federal Director for Intelligence, Central Intelligence Agen- Workforce and the District of Columbia, concluded cy. a hearing to examine the August 2003 Northeast NEW YORK STOCK EXCHANGE blackouts and the Federal role in managing the Na- tion’s electricity, focusing on events, actions, failures, Committee on Banking, Housing, and Urban Affairs: and conditions that led to the blackout and caused Committee concluded a hearing to examine improv- it to effect such a large region, as well as questions ing the corporate governance of the New York Stock relating to nuclear power operations and security of Exchange (NYSE), focusing on broker-dealer self- the grid control system, after receiving testimony regulation, and regulatory autonomy with market from Pat Wood III, Chairman, Federal Energy Regu- sensitivity, after receiving testimony from William latory Commission; James W. Glotfelty, Director, H. Donaldson, Chairman, Securities and Exchange Office of Electric Transmission and Distribution, Commission; and John S. Reed, New York Stock Ex- Department of Energy; and Michehl R. Gent, North change, New York, New York. American Electric Reliability Council, Princeton, New Jersey. MUTUAL FUND INDUSTRY Committee on Banking, Housing, and Urban Affairs: U.S. TAX SHELTER INDUSTRY Committee concluded a hearing to examine current Committee on Governmental Affairs: Permanent Sub- investigations and regulatory actions regarding the committee on Investigations concluded a hearing to mutual fund industry, focusing on the Securities and examine the role of professional organizations like Exchange Commission’s examination authority, dis- accounting firms, law firms, and financial institu- closure, recent enforcement efforts and Rule 2830, tions in developing, marketing and implementing cash and non-cash compensation practices and ar- tax shelters, after receiving testimony from Mark rangements, breakpoint discounts, late trading and Everson, Commissioner, Internal Revenue Service, market timing, and investor education, after receiv- Department of the Treasury; Richard Spillenkothen, ing testimony from Stephen M. Cutler, Director, Di- Director, Banking Supervision and Regulation, Fed- vision of Enforcement, Securities and Exchange eral Reserve System; William J. McDonough, Public Commission; Robert R. Glauber, National Associa- Company Accounting Oversight Board, Washington, tion of Securities Dealers, New York, New York; D.C.; N. Jerold Cohen, Sutherland, Asbill, and Bren- and New York State Attorney General Eliot Spitzer, nan, Atlanta, Georgia; John Larson, Presidio Advi- Albany. sory Services, San Francisco, California; Jeffrey

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 November 20, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1309 Greenstein, Quellos Group, LLC, Seattle, Wash- Boyle, Deutsch Bank AG, Domenick DeGiorgio, ington; Raymond J. Ruble, and Thomas R. Smith, HVB America, Inc., all of New York, New York. Jr., Sidley, Austin, Brown, and Wood, LLP, William h House of Representatives Conference report on H.R. 1, to amend title Chamber Action XVIII of the Social Security Act to provide for a vol- Measures Introduced: 28 public bills, H.R. untary program for prescription drug coverage under 3540–3567; and 6 resolutions, H. Con. Res. the Medicare Program, to modernize the Medicare 332–335, and H. Res. 460–461, were introduced. Program, to amend the Internal Revenue Code of Pages H11700–02 1986 to allow a deduction to individuals for Additional Cosponsors: Pages H11702–03 amounts contributed to health savings security ac- counts and health savings accounts, to provide for Reports Filed: Reports were filed as follows today: the disposition of unused health benefits in cafeteria H.R. 2408, to amend the Fish and Wildlife Act plans and flexible spending arrangements, and for of 1956 to reauthorize volunteer programs and com- other purposes, (H. Rept. 108–391). munity partnerships for national wildlife refuges, Page H11686–98 (continued next issue) amended (H. Rept. 108–385); Conference report on H.R. 1904, to improve the Speaker Pro Tempore: Read a letter from the capacity of the Secretary of Agriculture and the Sec- Speaker wherein he appointed Representative Bass to retary of the Interior to plan and conduct hazardous act as Speaker pro tempore for today. Page H11657 fuels reduction projects on National Forest System Chaplain: The prayer was offered today by Rev. lands and Bureau of Land Management lands aimed Msgr. Barry Knestout of the Archdiocese of Wash- at protecting communities, watersheds, and certain ington, DC. Page H11657 other at-risk lands from catastrophic wildfire, to en- Consideration of measures under suspension of hance efforts to protect watersheds and address the rules: The House agreed to H. Res. 449, pro- threats to forest and rangeland health, including cat- viding for consideration of motions to suspend the astrophic wildfire, across the landscape (H. Rept. rules by a voice vote. Pages H11660–61 108–386); H. Res. 456, providing for consideration of mo- Intelligence Authorization Act—Conference Re- tions to suspend the rules (H. Rept. 108–387); port: The House agreed to the conference report on H.R. 2417, to authorize appropriations for fiscal year H. Res. 457, waiving points of order against the 2004 for intelligence and intelligence-related activi- conference report to accompany H.R. 1904, to im- ties of the United States Government, the Commu- prove the capacity of the Secretary of Agriculture nity Management Account, and the Central Intel- and the Secretary of the Interior to plan and conduct ligence Agency Retirement and Disability System, hazardous fuels reduction projects on National Forest by a yea-and-nay vote of 264 yeas to 163 nays, Roll System lands and Bureau of Land Management lands No. 649. Pages H11661–63, H11667–78 aimed at protecting communities, watersheds, and Agreed to H. Res. 451, the rule providing for certain other at-risk lands from catastrophic wildfire, consideration of the conference report by a voice to enhance efforts to protect watersheds and address vote. Pages H11661–63 threats to forest and rangeland health, including cat- astrophic wildfire, across the landscape (H. Rept. Continuing Appropriations for fiscal year 2004: 108–388); The House passed H.J. Res. 78, making further con- H. Res. 458, waiving a requirement of clause 6(a) tinuing appropriations for fiscal year 2004, by a yea- of rule XIII with respect to consideration of certain and-nay vote of 410 yeas to 10 nays, Roll No. 648. resolutions reported from the Committee on Rules Pages H11667–73, H11677 (H. Rept. 108–389); and Agreed to H. Res. 450, the rule providing for H. Res. 459, waiving a requirement of clause 6(a) consideration of the measure by a yea-and-nay vote of rule XIII with respect to consideration of certain of 406 yeas to 2 nays, Roll No. 645. Pages H11663–65 resolutions reported from the Committee on Rules Recess: The House recessed at 1 p.m. and recon- (H. Rept. 108–390). vened at 1:35 p.m. Page H11677

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 D1310 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2003 Medicare Prescription Drug and Modernization States of America and the Government of the Fed- Act of 2003—Motion to Instruct Conferees: The erated States of Micronesia, and the Compact of Free House rejected the Hooley motion to instruct con- Association, as amended, between the Government of ferees on H.R. 1, to amend title XVIII of the Social the United States of America and the Government Security Act to provide for a voluntary prescription of the Republic of the Marshall Islands, and to ap- drug benefit under the Medicare program and to propriate funds to carry out the amended Compacts, strengthen and improve the Medicare program, by a by a 2⁄3 yea-and-nay vote of 417 yeas to 2 nays, Roll yea-and-nay vote of 201 yeas to 222 nays, Roll No. No. 652—clearing the measure for the President; 650. Pages H11678–79 (See next issue.) Later the House debated the Inslee motion to in- Commending the signing of the United States- struct conferees on the bill. Further proceedings on Adriatic Charter: Agreed to the Senate amendments the motion were postponed. (See next issue.) to H. Con. Res. 209, commending the signing of Labor/HHS Appropriations—Motion to Instruct the United States-Adriatic Charter, a charter of part- Conferees: The House agreed to the Kildee motion nership among the United States, Albania, Croatia, to instruct conferees on H.R. 2660, making appro- and The Former Yugoslav Republic of Macedonia, priations for the Departments of Labor, Health and by a 2⁄3 yea-and-nay vote of 416 yeas to 1 nay, Roll Human Services, and Education, and related agencies No. 653—clearing the measure for the President; for the fiscal year ending September 30, 2004, by a (See next issue.) yea-and-nay vote of 360 yeas to 64 nays, Roll No. Syria Accountability and Lebanese Sovereignty 651. Pages H11679–80 Later Representative Markey announced his inten- Restoration Act of 2003: Agreed to the Senate tion to offer a motion to instruct conferees on the amendments to H.R. 1828, to halt Syrian support bill and Representative Pomeroy announced his in- for terrorism, end its occupation of Lebanon, stop its tention to offer a motion to instruct conferees on the development of weapons of mass destruction, cease its illegal importation of Iraqi oil and illegal ship- bill. (See next issue.) ments of weapons and other military items to Iraq, Suspensions: The House agreed to suspend the rules and by so doing hold Syria accountable for the seri- and pass the following measures: ous international security problems it has caused in Birth Defects and Developmental Disabilities the Middle East, by a 2⁄3 yea-and-nay vote of 408 Prevention Act of 2003: Debated on Wednesday, yeas to 8 nays, with one voting ‘‘present’’, Roll No. November 19, S. 286, to revise and extend the Birth 654—clearing the measure for the President; Defects Prevention Act of 1998, by a 2⁄3 yea-and-nay (See next issue.) vote of 415 yeas to 1 nay, Roll No. 646—clearing Tax Relief Extension Act of 2003: H.R. 3521, the measure for the President; Pages H11665–66 amended, to amend the Internal Revenue Code of Poison Control Center Enhancement and 1986 to extend certain expiring provisions; and Awareness Act Amendments of 2003: Debated on (See next issue.) Wednesday, November 19, S. 686, amended, to pro- Two Floods and You Are Out of the Taxpayers’ vide assistance for poison prevention and to stabilize Pocket Act of 2003: H.R. 253, amended, to amend the funding of regional poison control centers, by a the National Flood Insurance Act of 1968 to reduce 2⁄3 yea-and-nay vote of 420 yeas to 1 nay, Roll No. losses to properties for which repetitive flood insur- Pages H11666–67 647; ance claim payments have been made, by a 2⁄3 yea- 21st Century Nanotechnology Research and De- and-nay vote of 352 yeas to 67 nays, Roll No. 655. velopment Act: S. 189, to authorize appropriations (See next issue.) for nanoscience, nanoengineering, and nanotechnol- Extending the Programs on the Small Business ogy research; Pages H11680–85 Act and the Small Business Investment Act: The Veterans Benefits Act of 2003: Agreed to the House agreed by unanimous consent to pass S. 1895, Senate amendment to H.R. 2297, to amend title 38, to temporarily extend the programs under the Small United States Code, to improve benefits under laws Business Act and the Small Business Investment Act administered by the Secretary of Veterans Affairs— of 1958 through March 15, 2004—clearing the clearing the measure for the President; measure for the President. (See next issue.) (See next issue.) Transportation and Treasury Appropriations— Compact of Free Association Amendments Act of Motion to Instruct Conferees: The House agreed 2003: Agreed to the Senate amendments to H.J. to the Hastings of Florida motion to instruct con- Res. 63, to approve the Compact of Free Association, ferees on H.R. 2989, making appropriations for the as amended, between the Government of the United Departments of Transportation and Treasury, and

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 November 20, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1311 independent agencies for the fiscal year ending Sep- AUTHORIZE AND ISSUE SUBPOENAS tember 30, 2004 by voice vote. (See next issue.) RELATED TO INVESTIGATION OF 527 Senate Messages: Messages received from the Senate ORGANIZATIONS today appear on pages H11658 and H11677. Committee on House Administration: Adopted a resolu- tion delegating to the Chairman the power to au- Senate Referral: S. 1895 was ordered held at the thorize and issue subpoenas related to an investiga- desk. Page H11658 tion of 527 Organizations. Quorum Calls—Votes: 11 yea-and-nay votes devel- HUMAN RIGHTS VIOLATIONS UNDER oped during the proceedings of the House today and SADDAM HUSSEIN VICTIMS SPEAK OUT appear on pages H11665, H11665–66, H11666–67, H11677, H11678, H11678–79, H11679–80 (con- Committee on International Relations: Subcommittee on tinued next issue). There were no recorded votes or the Middle East and Central Asia held a hearing on quorum calls. Human Rights Violations Under Saddam Hussein: Victims Speak Out. Testimony was heard from Rep- Adjournment: The House met at 10 a.m. and at 12 resentatives Pryce of Ohio and Hooley of Oregon; midnight stands in recess subject to the call of the Maj. Alvin Schmidt, USMC, Deputy Force Protec- chair; the House reconvened at 1:17 a.m. and ad- tion Officer, First Marine Expeditionary Force, journed at 1:18 a.m. USMC, Department of Defense; and public wit- nesses. Committee Meetings OVERSIGHT—HOMELAND SECURITY Committee on the Judiciary: Subcommittee on Crime, NATIONAL ARCHIVES AND RECORDS Terrorism, and Homeland Security, and Homeland ADMINISTRATION EFFICIENCY ACT; Security held an oversight hearing on ‘‘Homeland REPORTS Security—the Balance Between Crisis and Con- sequence Management through Training and Assist- Committee on Government Reform: Ordered reported ance,’’ including discussion of the following bills: H.R. 3478, National Archives and Records Admin- H.R. 2512, First Responders Funding Reform Act of istration Efficiency Act of 2003. 2003; H.R. 3266, Faster and Smarter Funding for The Committee also approved the following: a re- First Responders Act of 2003; and H.R. 3158, Pre- port ‘‘Efforts to Rightsize the U.S. Presence Abroad paring America to Respond Effectively Act of 2003. Lack Urgency and Momentum;’’ and a draft report Testimony was heard from C. Suzanne Mencer, Di- entitled ‘‘Everything Secret Degenerates: The FBI’s rector, Office of Domestic Preparedness, Department Use of Murderers as Informants.’’ of Homeland Security; William Bishop, Director, Bureau of Homeland Security, State of Idaho; and PASSENGER SCREENER TRAINING REVIEW Raymond W. Kelly, Police Commissioner, City of Committee on Government Reform: Held a hearing on New York. Knives, Box Cutters and Bleach: A Review of Pas- OVERSIGHT—JOHN F. CHAFEE COASTAL senger Screener Training, Testing and Supervision. BARRIER RESOURCES SYSTEM Testimony was heard from Stephen McHale, Deputy Committee on Resources: Subcommittee on Fisheries Administrator, Transportation Security Administra- Conservation, Wildlife and Oceans held an oversight tion, Department of Homeland Security; Cathleen A. hearing on the John H. Chafee Coastal Barrier Re- Berrick, Director, Homeland Security and Justice sources System. Testimony was heard from Benjamin Issues, GAO; and public witnesses. N. Tuggle, Chief, Division of Federal Program Ac- tivities, U.S. Fish and Wildlife Service, Department AUTISM—FUTURE CHALLENGES of the Interior; Anthony S. Lowe, Director, Mitiga- Committee on Government Reform: Subcommittee on tion Division and Federal Insurance Administrator, Human Rights and Wellness held a hearing entitled FEMA, Department of Homeland Security; and a ‘‘The Future Challenges of Autism: A Survey of the public witness. Ongoing Initiatives in the Federal Government to MAKING IN ORDER SUSPENSION Address the Epidemic.’’ Testimony was heard from AUTHORITY Peter Van Dyck, Associate Administrator, Office of Committee on Rules: Reported, by voice vote, a resolu- Maternal and Child Health Bureau, Health Re- tion providing that suspensions will be in order at sources and Services Administration, Department of any time on the legislative day of Friday, November Health and Human Services; and public witnesses. 21, 2003. The resolution provides that the Speaker

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 D1312 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2003 or his designee will consult with the Minority Lead- provides that the conference report shall be consid- er or her designee on any suspension considered ered as read. Testimony was heard from Chairman under the rule. Goss and Representative Harman. CONFERENCE REPORT—HEALTHY FORESTS FURTHER CONTINUING APPROPRIATIONS RESTORATION ACT OF 2003 FISCAL YEAR 2004 Committee on Rules: Granted, by voice vote, a rule Committee on Rules: On November 19, the Committee waiving all points of order against the conference re- granted, by voice vote, a closed rule providing 1 port and against its consideration. The rule provides hour of debate in the House on H.J. Res. 78, mak- that the conference report shall be considered as ing further continuing appropriations for the fiscal read. Testimony was heard from Chairman Goodlatte year 2004, equally divided and controlled by the and Representative Walden of Oregon. chairman and ranking minority member of the Com- mittee on Appropriations. The rule waives all points SAME DAY CONSIDERATION OF of order against consideration of the joint resolution. RESOLUTION REPORTED BY THE RULES Finally, the rule provides one motion to recommit. COMMITTEE RELATING TO APPROPRIATIONS BILLS MAKING IN ORDER SUSPENSION AUTHORITY Committee on Rules: Granted, by voice vote, a rule waiving clause 6(a) of rule XIII (requiring a two- Committee on Rules: On November 19, the Committee thirds vote to consider a rule on the same day it is reported, by voice vote, a resolution providing that reported from the Rules Committee against certain suspensions will be in order at any time on the leg- resolutions reported from the Rules Committee. The islative day of Thursday, November 20, 2003. The rule applies the waiver to any special rule reported resolution provides that the Speaker or his designee on the legislative day of November 21, 2003, pro- will consult with the Minority Leader or her des- viding for consideration or disposition of any of the ignee on any suspension considered under the resolu- following: (A) A bill or joint resolution making fur- tion. ther continuing appropriations for the fiscal year LOWERING BUSINESS COSTS IN U.S.—KEEP 2004, or any amendment thereto; or (B) A bill or OUR COMPANIES HERE joint resolution making general appropriations for Committee on Small Business: Held a hearing entitled the fiscal year ending September 30, 2004, any ‘‘Lowering the Cost of Doing Business in the United amendment thereto, or any conference report there- States: How to Keep Our Companies Here.’’ Testi- on. mony was heard from public witnesses. SAME DAY CONSIDERATION OF OVERSIGHT—FINANCING PORT RESOLUTION REPORTED BY THE RULES INFRASTRUCTURE COMMITTEE RELATING TO THE CONFERENCE REPORT TO ACCOMPANY Committee on Transportation and Infrastructure: Sub- H.R. 1—MEDICARE PRESCRIPTION DRUG committee on Water Resources and Environment AND MODERNIZATION ACT OF 2003 held an oversight hearing on Financing Port Infra- structure—Who Should Pay? Testimony was heard Committee on Rules: Granted, by a vote of 7 to 3, a from Representatives Rohrabacher and Ose; and pub- rule waiving clause 6(a) of rule XIII (requiring a lic witnesses. two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against NON-PROFIT CREDIT COUNSELING certain resolutions reported from the Rules Com- ORGANIZATIONS mittee. The rule applies the waiver to any special Committee on Ways and Means: Subcommittee on rule reported on the legislative day of November 21, Oversight held a hearing on Non-Profit Credit 2003, providing for consideration or disposition of a Counseling Organizations. Testimony was heard conference report to accompany H.R. 1, the Medi- from Mark Everson, Commissioner, IRS, Department care Prescription Drug Modernization Act of 2003. of the Treasury; J. Howard Beales III, Director, Bu- CONFERENCE REPORT—INTELLIGENCE reau of Consumer Protection, FTC; and public wit- AUTHORIZATION ACT nesses. Committee on Rules: On November 19, the Committee BRIEFING—GLOBAL INTELLIGENCE granted, by voice vote, a rule waiving all points of UPDATE order against the conference report to accompany Permanent Select Committee on Intelligence: Sub- H.R. 2417, Intelligence Authorization Act for Fiscal committee on Intelligence Policy and National Secu- Year 2004, and against its consideration. The rule rity met in executive session to receive a briefing on

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 November 20, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1313 Global Intelligence Update. The Subcommittee was Committee on Governmental Affairs: business meeting to briefed by departmental witnesses. consider the nominations of James M. Loy, of Virginia, to be Deputy Secretary of Homeland Security, and Scott FASTER AND SMARTER FUNDING FOR J. Bloch, of Kansas, to be Special Counsel, Office of Spe- FIRST RESPONDERS ACT cial Counsel, Time to be announced, S–214, Capitol. Select Committee on Homeland Security: Subcommittee Committee on Health, Education, Labor, and Pensions: to on Emergency Preparedness and Response approved hold hearings to examine the nomination of Steven J. for full Committee action, as amended, H.R. 3266, Law, of the District of Columbia, to be Deputy Secretary of Labor, 10 a.m., SD–430. Faster and Smarter Funding for First Responders Act Committee on Veterans’ Affairs: business meeting to con- of 2003. sider pending nominations, time to be announced, room f to be announced. COMMITTEE MEETINGS FOR FRIDAY, House NOVEMBER 21, 2003 Committee on Rules, to consider the conference report to (Committee meetings are open unless otherwise indicated) accompany H.R. 1 to amend Title XVIII, the Social Se- curity Act, to provide for a voluntary program for pre- Senate scription drug coverage under the Medicare Program to Committee on Foreign Relations: to hold hearings to exam- modernize the Medicare Program, 10 a.m., H–313 Cap- ine the nominations of James C. Oberwetter, of Texas, to itol. be Ambassador to the Kingdom of Saudi Arabia, and Permanent Select Committee on Intelligence, executive, brief- David C. Mulford, of Illinois, to be Ambassador to India, ing on Intelligence Update on Iraq, 9 a.m., H–405 Cap- 9 a.m., SD–419. itol.

VerDate jul 14 2003 06:22 Nov 21, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO3.REC D20NO3 D1314 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, November 21 9 a.m., Friday, November 21

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: To be announced. of the conference report to accompany H.R. 6, Energy Policy Act, with a vote on the motion to close further debate on the conference report to occur at approximately 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Isakson, Johnny, Ga., E2348 Ortiz, Solomon P., Tex., E2361 Johnson, Eddie Bernice, Tex., E2353 Ose, Doug, Calif., E2354 Baldwin, Tammy, Wisc., E2348 King, Steve, Iowa, E2349 Otter, C.L. ‘‘Butch’’, Idaho, E2355 Camp, Dave, Mich., E2355, E2359 Kingston, Jack, Ga., E2361 Porter, Jon C., Nev., E2344, E2346, E2348 Christensen, Donna M., The Virgin Islands, E2362, Lowey, Nita M., N.Y., E2348 Saxton, Jim, N.J., E2356 E2362 McCollum, Betty, Minn., E2343, E2346, E2350 Shuster, Bill, Pa., E2360 Collins, Mac, Ga., E2359 McInnis, Scott, Colo., E2341, E2345, E2348, E2349, Smith, Nick, Mich., E2362 Conyers, John, Jr., N.Y., E2353 E2352, E2354, E2356, E2358, E2360, E2361 Solis, Hilda L., Calif., E2343, E2346 Eshoo, Anna G., Calif., E2352 McIntyre, Mike, N.C., E2353 Souder, Mark E., Ind., E2344, E2347, E2359 Etheridge, Bob, N.C., E2358 Maloney, Carolyn B., N.Y., E2349 Stark, Fortney Pete, Calif., E2349 Gonzalez, Charles A., Tex., E2358 Matsui, Robert T., Calif., E2350 Stupak, Bart, Mich., E2362 Green, Gene, Tex., E2360 Meeks, Gregory W., N.Y., E2349 Tauzin, W.J. (Billy), La., E2357 Green, Mark, Wisc., E2351 Miller, Gary G., Calif., E2343, E2346 Towns, Edolphus, N.Y., E2360 Gutierrez, Luis V., Ill., E2361 Miller, George, Calif., E2341 Udall, Mark, Colo., E2342, E2345, E2350, E2352, E2354 Hoyer, Steny H., Md., E2341 Musgrave, Marilyn N., Colo., E2344, E2346 Weller, Jerry, Ill., E2358 Hyde, Henry J., Ill., E2353 Oberstar, James L., Minn., E2351

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