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, WEDNESDAY, SEPTEMBER 24, 2003 No. 132 Senate The Senate met at 9:30 a.m. and was Senator from the State of Kansas, to per- the course of the next day or so. As al- called to order by the Honorable SAM form the duties of the Chair. ways, we will keep Members apprised of BROWNBACK, a Senator from the State TED STEVENS, the voting schedule and as to when the of Kansas. President pro tempore. first vote is ordered today. Mr. BROWNBACK thereupon as- Some people have asked about next PRAYER sumed the Chair as Acting President week. I have already told people that The Chaplain, Dr. Barry C. Black, of- pro tempore. we will be voting on Monday of next fered the following prayer: f week. I mention that because a number of people have asked me. Let us pray: RECOGNITION OF THE MAJORITY f Eternal Father, the fountain of all LEADER blessings, with grateful hearts we enter IRAQ RECONSTRUCTION REQUEST The ACTING PRESIDENT pro tem- Your courts today. We thank You for Mr. FRIST. Mr. President, very brief- ordering our steps and directing our pore. The majority leader is recog- nized. ly, I want to make a comment on the paths. Lord, we have lived long enough President’s comments yesterday before to know that we can’t escape Your f the United Nations. presence or Your love. We have sought SCHEDULE The President of the United States fulfillment on destructive avenues, but and leaders from across the globe gath- Mr. FRIST. Mr. President, this morn- Your love has always found us. Thank ered yesterday at the United Nations ing the Senate will conduct a period of You for showing us the way to abun- headquarters in Manhattan to receive morning business to allow Senators to dant living. Use Your Senators today the President’s address. It is worth speak. Following morning business, at to make the world a better place. Pro- pausing to consider just where that approximately 10:35, the Senate will vide a shield for our military and com- was. The address yesterday was in New begin consideration of the DC appro- fort those who mourn. Lord, give wis- York City, in the heart of Manhattan, priations bill. I know there is one issue dom to the leaders of our world. We a few dozen blocks from Ground Zero. that will require some debate and a pray this in Your strong name. Amen. The world’s leaders were able to safely vote, but it is my hope we can com- assemble and freely debate their pro- f plete this bill in a relatively short pe- posals in a city that had borne the riod of time. Typically, this is an ap- PLEDGE OF ALLEGIANCE tragedy of September 11. Many were propriations measure that has not con- able to exercise more freedom yester- The Honorable SAM BROWNBACK led sumed a great deal of floor time. Sen- day in New York than is allowed in the Pledge of Allegiance, as follows: ator DEWINE will be ready at a little their own countries. I pledge allegiance to the Flag of the after 10:30 this morning, and we will President Bush, in his address, boldly United States of America, and to the Repub- monitor progress on this legislation, challenged the assembly to support the lic for which it stands, one nation under God, with the hope of finishing soon. cause of liberty in Iraq. His case was indivisible, with liberty and justice for all. I also add that we hope again to be powerful, and his case was powerful in receiving from the House some of the f part because the cause of freedom itself completed appropriations conference is so powerful. Some of my colleagues APPOINTMENT OF ACTING reports. Once those reports are re- have basically questioned again and PRESIDENT PRO TEMPORE ceived, I will be speaking to the Demo- again the overall war on terror. There cratic leader about scheduling those The PRESIDING OFFICER. The is this magnification of each setback measures for floor action. Again, I hope along the way, and many people dis- clerk will please read a communication we can move quickly on those items to the Senate from the President pro miss the many advances that are being and get them to the President’s desk made each and every day. There seems tempore (Mr. STEVENS.) for his signature as soon as possible. to be this attempt to discredit the war The legislative clerk read the fol- Finally, I also want to remind Mem- lowing letter: on terror. bers that we will continue to schedule Some people say we have acted uni- U.S. SENATE, votes on available nominations laterally. We know that is false. The PRESIDENT PRO TEMPORE, throughout the week. We have eight ju- Washington, DC, September 24, 2003. truth is we were joined by 49 countries To the Senate: dicial nominations pending on the Ex- to depose Saddam Hussein and remove Under the provisions of rule I, paragraph 3, ecutive Calendar. Four of these nomi- his regime. Now we hear increasingly of the Standing Rules of the Senate, I hereby nations should be ready for Senate ac- that there was a lack of broad inter- appoint the Honorable SAM BROWNBACK, a tion, and we will schedule them over national support on the ground. That is

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

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VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.000 S24PT1 S11878 CONGRESSIONAL RECORD — SENATE September 24, 2003 not true. We know there are 31 nations Mr. President, we will stand by the said, when it comes to foreign policy that currently have troops deployed to Iraqis. We will help them build a free, and war, partisanship ends at the Iraq. British troops are leading a mul- prosperous, and democratic country. shoreline, or something to that effect; tinational division, as are the Polish Their future security—indeed, our se- that when we are dealing with an inter- troops; and the President hopes to have curity—and the security of civilized national problem, a conflict, a war, we at least one more international divi- people everywhere depends on it. are all together. Or even more re- sion helping to bring stability and se- cently, Lyndon Johnson aggressively f curity. supported the policies of President Ei- I think those people claiming the RESERVATION OF LEADER TIME senhower even though the leader of the President has lost opportunities to The ACTING PRESIDENT pro tem- Republicans at the time, Senator Taft, make his case before the American pore. Under the previous order, the did not necessarily go along with it. people ignore the many times the leadership time is reserved. But there was a bipartisan policy. President has spelled out his case and We have had that in our efforts to argued his case before the American f deal with these very difficult issues in people, to this Congress, and, indeed, MORNING BUSINESS Iraq and Afghanistan and homeland se- multiple times now to the United Na- curity, but it seems to be a little The ACTING PRESIDENT pro tem- tions. frayed right now. I think that is dan- pore. Under the previous order, there The President’s opponents contin- gerous. I don’t think it is good for will now be a period for the transaction ually move the goalposts further and America. I don’t think it is good for of morning business, for not to exceed further, so that never is there enough what we are trying to achieve in fight- 60 minutes, with the first 30 minutes detail or never are there enough spe- ing terrorism around the world. I don’t under the control of the Senator from cifics. But we have these claims. These think it is good for our troops. claims are specious; they can be rebut- Texas, Mrs. HUTCHISON, or her designee, Also, how short is our memory that ted one by one. and 30 minutes under the control of the we don’t even remember the debate I think the most powerful rebuttal is Democratic leader or his designee. that was going on 1 year ago? We were what the Iraqi people feel and what Who seeks time? discussing what to do about Iraq. The they say. Finally free to speak their The Senator from the great State of President was then going to the United own minds in a remarkable poll—the Texas. Nations, and Secretary Powell had first of its kind—conducted in August Mrs. HUTCHISON. Mr. President, I been to the United Nations. We were and published by the Wall Street Jour- am very pleased to call on the Senator demanding more information. We were nal, the Iraqi people themselves say from Mississippi for the first 10 min- saying the President needed to go to loudly and clearly that they want us to utes or so of my time, after which Sen- the United Nations. And in each inci- stay and they want us to finish the job. ator MCCONNELL and then Senator SES- dent, he actually did what people were They are optimistic about the future. SIONS will speak, all of them for up to asking him to do. He did it. He went to Seven out of ten say they expect that 10 minutes. the United Nations. He made the plea. their country and their personal lives The ACTING PRESIDENT pro tem- Unfortunately, the United Nations will be better 5 years from now. A third pore. The Senator from Mississippi is didn’t support what they said for 10 say much better. When asked about recognized for up to 10 minutes. years in a dozen resolutions. They said: which country they would prefer as a f We can continue to negotiate; more in- political model out of five—Syria, spections, more inspections. They Saudi Arabia, Iran, Egypt, or the SUPPORTING PRESIDENT BUSH would not step up and take action United States—the most popular by far AND OUR TROOPS against this brutal tyrant, Saddam is the United States. Mr. LOTT. Mr. President, I rise this A majority of those who hold an Hussein. But we did. America did. The morning in support of President Bush President did. The Congress did. That opinion have a negative view of terror and our troops as this Nation continues leader Osama bin Laden, and 74 percent is the point I am trying to make. to fight and win the war on terrorism We had this debate. We knew what of respondents want to see Saddam’s in Afghanistan, Iraq, and around the henchmen punished. They want us—not we were going into. We had looked at globe. Saddam or Osama bin Laden—to stay the intelligence. Was the intelligence We all know there are many great at- and help make their country whole. perfect? No. Is it ever? It is always sub- The President has submitted a recon- tributes in our United States of Amer- jective. But we voted in this body 77 to struction plan to us with three clear ica. The people of America will rise to 23 for the Iraq resolution. The House of objectives: to improve security by ag- any occasion and will do what is nec- Representatives voted almost 300— gressively hunting down the terrorists; essary to protect freedom and opportu- 296—to 133. So we should not forget to expand international participation; nities for themselves and future gen- that vote. We should not forget the tre- and, finally, to help Iraq and Afghani- erations. But there are some attributes mendous successes that have been en- stan become free, democratic, and sta- on which sometimes we fail a little bit. joyed in terms of getting Saddam Hus- ble nations. One of those is we are a bit short some- sein out of his position where he was This week, there are a number of times in our memory, remembering spending money on palaces and allow- hearings being conducted on both the back to what happened a few years ago. ing the people to suffer. He was mur- Senate side and the House side to Sometimes our patience is a little dering his own people and his neigh- closely examine the President’s pro- short and we want immediate action. bors. The infrastructure was just de- posal and to assess what is needed in a We will rise to any occasion, fight off caying beyond repair. We stepped up, thoughtful way. These proceedings give any chaos, but then we want to deal and we did the same in Afghanistan. us all the opportunity to ask questions with that situation and move on to Our troops did a great job. Now are we and allow the administration to dem- something else. going to say, It’s your problem? Do we onstrate how, when presented accu- I think that is a little of what we are really expect the French to do the job? rately, carefully, and clearly, we can seeing now as we listen to what I con- I don’t think so. We are going to have achieve the objectives we have set out sider to be sometimes overheated rhet- to stay the course. We are going to in the war on terror. oric in questioning motives and resist- have to do this job, and there is nobody The debate, I hope, will continue to ing doing what is necessary to com- else going to do it for us. be dignified and serious, and in good plete the job: a little patience, a little Oh, when the problem is in their im- faith I believe we can complete consid- commitment to support freedom and mediate neighborhood, such as Bosnia eration of this emergency request by democracy which we are trying to as- or Kosovo, the Europeans say: You the end of next week. There are a lot of sist in Iraq and in the war on ter- must lead; you have to come in. We questions being asked. I encourage rorism. supported that operation. Almost every that. Ultimately, I am confident we I said we seem to have forgotten. action that was requested by President will overwhelmingly support the Presi- What happened to that era of the great Clinton we supported, sometimes very dent’s request. Senator Vandenberg who stood up and reluctantly. I remember thinking: OK,

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.003 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11879 I support the bombing of the site in Af- Leaders who are working with us are ments of the distinguished Senator ghanistan and the Sudan, because we being intimidated, assaulted, and mur- from Mississippi, Mr. LOTT. He has thought they had chemical precursors. dered. People from whom we had been been in this body a long time. He has They didn’t have them. But generally getting information, who were helping wrestled with a lot of difficult issues. we came together and we provided us get people into the police and devel- He knows that a lot of times, one just leadership. oping a force for the future, have with- has to lead. They have to stand up and I saw a lady from England on TV this drawn because they are a little con- be counted and do the right thing. Once morning. Somebody asked her: Why do cerned whether we will stay the course. a nation commits itself, a Congress the Europeans and other people in the A lot of it is affected by the people’s commits itself, there is no way we can world not feel good about Americans attitude. Right here, in the DC area, turn around and waffle around next right now? She said: It is because you we have people without power. It weak- week based on some polling data or are leaders; the world expects you to do ens defenses. So we need to move in some comment from France or the U.N. the job. You do the job, and they are there quickly without going through That is not the way great nations be- jealous of you. They want it, but they an international organization, without have. don’t like it. It is human nature. We trying to hassle through a loan ar- I am proud of the United States of should not be too hard on them. I rangement, and provide the money so America. We have stood up. We have called on cooling the overheated rhet- we can get the power back on, so we been counted. We have been on the side oric, and I want to remember that my- can get the water flowing. of right in the world. When should look self. We all overspeak and overstate There should be a process that others at the wars and decimation that has our positions sometimes, but this is se- join in. Surely, countries of the United occurred in Afghanistan. I was there a rious stuff with which we are dealing. Nations, if it is worth anything, will few weeks ago and they are rebuilding We called on the President a month help the Iraqis with their humani- houses, using the same procedure of ago: Mr. President, you have to step up tarian needs as they continue to re- straw, mud, and brick covered with a and remind us what the vision is. He build the infrastructure, as they try to mud stucco, that they have used for did. He went on TV. He rocked us back develop their own government. Can the 2,000 years. They are building every- on our heels. He didn’t ask for $55 bil- United Nations help with that? I hope where in Afghanistan after 20 years of lion or $65 billion to do the job as we so. I would like to give them a chance. oppression, war, and destruction, to a degree that few nations in the world thought he would. It was $87 billion. I have not seen a lot yet, but they Oh, yes, I was a little stunned. I don’t have ever seen. could. These are good and decent people, like the deficits we are beginning to After we get over this initial phase, I but Afghanistan was used as a base have. They were caused by the econ- think the reconstruction money right from which to attack the people of the omy, 9/11, by the stock market prob- now is every bit as important as the se- United States of America. The Govern- lems—all kinds of situations. Still, curity money. It is a part of the secu- ment of Afghanistan would not re- that kind of money deserves some close rity. We want to stop the assault on nounce that, would not say they were examination. our troops. We want to begin to get the going to stop it, so the United States of I have been saying for several days border under control. We have to do it America led. We have changed that now I want some answers. As rep- and we have to do it now. A year from Government. Anybody who has seen resentatives of the people, we should now it will be worse, maybe impossible. President Karzai, as I had the oppor- ask for answers. We deserve that. Ex- So I came this morning to say I did tunity to do—and we have seen him on actly how is this money going to be not just leap to accept this amount of television—knows that he is a man of broken out? Fifty-one billion dollars money. I did question how it could be vision, talent, and decency. He loves will go for the Iraqi campaign; $11 bil- done, but I am convinced if we do not the people of Afghanistan. He wants to lion for the Afghanistan campaign. It do this, others will not follow suit. We see them succeed and do better. is not over. Are we are going to follow are going to be going to other coun- The same is true of Iraq. I was there the example of generations of failure in tries around the world that should be also, and I saw the oppression, the Afghanistan or are we going to finish of assistance, Japan and countries such total devastation of a country that had the job there? Of course, Noble Eagle, as Turkey that can hopefully provide every opportunity to be so much bet- $4 billion for homeland defense. The job some troops. We are going to ask them ter. The people should have had a bet- goes on. to ante up and kick in. But we are ter life than they did, but Saddam Hus- We have the list of where the money going to have to set an example. If we sein took his people into war after war. would go for reconstruction, and I have haggle over the details of this arrange- He developed weapons of mass destruc- asked questions. Mr. President, there is ment, they will not do their job. Then tion. His megalomania led him to be- $5 billion for border enhancement. We we are going to have to go to countries lieve that he could be the next Nebu- need that because terrorists are com- such as Russia, France, and Germany chadnezzar and take over the Middle ing into that country from all over the and say they have to forgive the debt East, then rule the world. Do not think region to attack our coalition troops— that they have accumulated over a pe- his goals did not include developing the the Americans, the British, the Poles, riod of years because they were work- most dangerous weapons the world has and the United Nations. We need to do ing with Saddam Hussein. We have to ever known. He was prepared to do more—basic electricity services, water lead. We have to set an example, but it that, and he did that. and sanitation services, transpor- is tough. When he would not renounce these tation, oil infrastructure. I am going to support the whole weapons or demonstrate that he did Some people have said and I have package. We should do it quickly be- not have those weapons, so we moved said: Why don’t the Iraqis do more on cause if we do not, this moment could against him and his sinister aims. We their own? They are going to have this get away from us, and we could just have liberated that country. oil coming in; they are going to have walk away, leave that country and There have been a lot of complaints, oil. They don’t have it. They are broke. those people, that region, in chaos. In and we debated this on the Senate floor The infrastructure is more decimated the end, if we do not stop it here, over many times. Those who complain have than we ever dreamed. So I have ques- there it will be here. So I urge my col- expressed concerns of all kinds. They tioned this money, but I have looked at leagues to stand up; let us do what we said there were going to be problems in it. I have thought about it. I listened did last year. Let us do the right thing; the Arab streets, the Arab nations very carefully to Ambassador Bremer let us finish the job. would all turn against us, there would yesterday, and I am convinced we have I yield the floor. be street-to-street fighting in Iraq, we to do this. We have to have the money The ACTING PRESIDENT pro tem- would lose thousands of soldiers, it for our troops to do the job, for home- pore. Who seeks time? would take months and months to suc- land security, for the reconstruction, The Senator from the great State of ceed, the weapons of mass destruction and we have to do it now. It is a crit- Alabama. would be used against our troops, we ical part of restoring security right Mr. SESSIONS. Mr. President, I ex- would bog down, there would be a hu- now. press my appreciation for the com- manitarian disaster, there would be

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.006 S24PT1 S11880 CONGRESSIONAL RECORD — SENATE September 24, 2003 starvation and refugees everywhere by U.N. But President Bush did get a reso- Had the United States waited on the the millions, and we did not have lution that Secretary Colin Powell U.N., Saddam Hussein would still be in enough troops to win the battle. worked so hard on, which in my view— power. But that is not what the Presi- All of those things and more were authorized us to take military action. dent decided to do. The President led a raised. We talked about them. We de- Then they said they wanted another coalition of 19 willing governments to bated them, and everybody had their resolution, and we sought that. Then liberate the people of Iraq. Although say. We had open hearings and closed France flipped on us, and Germany said many in the U.N. actively opposed and hearings. We read, we talked, we de- no. France even lobbied other countries many others were just completely am- bated for months on end. There was not around the world and blocked a further bivalent about that effort, there is no any secret about it. It was not any plan vote. question that the world is better off hatched in Texas. It was a plan voted What were our options then? Do we with Saddam Hussein gone. on and debated in this body. We voted just stop and not defend our legitimate Make no mistake about it, that re- 77 to 23 to commit the United States of national interests? Do we not carry out gime is no more. The only Iraqis who America to this action. Our military the foreign policy we believe is in our are not immensely better off are those performed better than anybody could interests? Should we make it our pol- who perpetrated crimes against hu- ever have imagined. Decisively and icy to cede the decisionmaking author- manity on a massive scale and abetted swiftly they defeated the Iraqi army, ity the American people have vested in in the murder of 300,000 innocent Iraqi ousted them from power completely, us, our elected President, our elected civilians. Not since Saddam Hussein put Saddam Hussein on the run, put an Congress, to some world body that has was in power have innocent Iraqis been end to his evil sons, and have set about proven incapable of decisive action? I hauled off in the middle of the night to to establish a good government there. don’t think so. rape rooms and torture chambers. Not I was in Mosul and was introduced to I believe we are on the right track in since Saddam Hussein was in power the city council. They have an Arab, a with the U.N. The President is showing have innocent Iraqis been summarily Turk, a Christian, and others on that respect to this group, but we are not executed. Not since Saddam Hussein council. They were men of ability and going to allow the decision making was in power have ethnic and religious wisdom. We talked. They love the city power of our country to be shifted to minorities been gassed or murdered at of Mosul and the country of Iraq, and the U.N. We are not going to turn over will by a tyrannical regime. And, yes, they want an open, free society where our military that the American people Saddam Hussein no longer provides people with whatever beliefs can be have supported, funded, and created, succor and support to international able to function. They want to re- the finest military the world has ever terrorists who plot the murder of nounce and turn away from the past of known—we are not going to turn it Israelis, Americans, and everyone who Saddam Hussein. That is true all over over to them. In Kosovo, that is basi- opposes their radical interpretation of this country, but it is difficult. It has cally what we did. The NATO nations Islam. proven to be a challenge for us, no met to deploy our Air Force. We did There are no more terrorist training doubt about it, to completely have that, and they kind of liked that. camps in Iraq, and Saddam Hussein no peace and order in that large country. Maybe they think that is what the longer cuts checks to support suicide I am pleased when I go and see sol- world is going to be like from now on, bombings in Israel. The Iraqi regime is diers from my State of Alabama, many but it is not. We have a responsibility no longer pursuing weapons of mass de- of them National Guardsmen—I had to lead. struction, and it will never be able to dinner with them and talked with As Tony Blair asked the question: use them against its own people, not them. They believe they are making a Why America? Why now? ever. difference in this area of the Middle He said: My answer to you is that it Are there problems in finishing the East, where there has been so much is your destiny, it is your time. Who job in Iraq? You bet. But free Iraq re- disorder, so much oppression, so much else can do it? mains hostile to terrorists and to tyr- killing, particularly in Iraq. Millions I believe in the values of this coun- anny. President Bush noted yesterday have died as a result of Saddam Hus- try. I trust our wisdom. I trust our that there are still challenges in Iraq sein’s wars and oppression at home. good judgment. I believe in what we and they are challenges that confront One can go there and see the graves. are doing, and I believe it is good for all free nations. The terrorists are With the energy and dedication of not only America but the world. I don’t making a desperate last stand in Iraq these fine soldiers, I think we are going apologize for that, and I don’t believe and, frankly, I would rather be fighting to be successful. some socialist leftover Marxist veto in them there than fighting them here. I am glad President Bush went to the the U.N. should stop us from doing The world’s challenge now is to se- United Nations. It is an organization what is necessary for the world. cure Iraq. We know nobody else is that deserves our respect. It is entitled I yield the floor. going to do that job for us. That is an to courtesy, and President Bush has The PRESIDING OFFICER (Mr. American responsibility. We would like given it that. The Christian Science GRAHAM). The Senator from Kentucky. to have help from others, and we are Monitor today said President Bush Mr. MCCONNELL. Mr. President, we going to get help from others, whether went to the U.N. yesterday with a mes- all watched with great interest the the U.N. officially endorses some kind sage of both reconciliation and resolve, President’s remarks at the U.N. yester- of American effort here or not. But we and that is exactly what he ought to day. When one looks at the U.N., it is are going to lead this effort and we are do. Reconciliation, we want to talk to impossible not to have kind of a mixed going to finish the job. them and deal with their concerns, but view. Certainly the U.N. has, on many We are going to have a great debate we are resolved. occasions over the years, done worth- here next week about providing the What then is our difficulty with the while work. But rarely, if ever, has it funds to finish the job. There will be a U.N.? I will share a couple of thoughts. taken the lead on anything of signifi- lot of amendments offered, a lot of The first is, the U.N. is incapable of cance. amendments voted on, a lot of speeches taking decisive action. It has not done The reason for that, obviously, is made. But at the end of the day, with so in Iraq. It has never done so in its that the membership is so diverse. a bipartisan, overwhelming majority, history. Why? Well, the Security Coun- Many of the governments that are rep- the Senate is going to give the Presi- cil requires unanimity in order to act. resented there of course are not democ- dent the money to finish the job. We Russia is on the Security Council, as racies; they are not particularly inter- are helping the Iraqis round up terror- well as France, Germany, and others. ested in what America stands for, so it ists and the Baathist thugs who oppose Some rotate on each year or two, and is not entirely surprising that the liberty for the Iraqi people. We are they serve a period of time. The idea President’s decision—and the support helping the Iraqis to rebuild roads and that they can get a unanimous vote is of Congress for that decision was 77 out schools and hospitals. We are helping almost impossible. So decisive action of 100 votes to change the regime in the Iraqis to build for themselves a is not possible. It has never happened, Iraq—was viewed with mixed reactions multiethnic moderate democracy in and it is not going to happen with the at the U.N. the very heart of the Middle East.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.008 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11881 This is a great cause. We ought to be Iraq if we are going to keep the terror- There is a front-page story in the rallying behind it. This is everything ists out of our country and stop them Sioux Falls Argus Leader this morning for which America has stood for several where they are. about an Iraqi businessman from Sioux hundred years. Everything we believe Thank you, Mr. President. I yield the Falls who, months ago, left Sioux Falls in, we are promoting in Iraq. The Iraqis floor. to work in his hometown in Iraq as will be better off. The world will be The PRESIDING OFFICER. The they began to rebuild. He became very better off when we finish this job. Democratic leader. involved in the creation of a new gov- Failure is not an option. Waffling f ernment. He was an ardent opponent to around here just because the going is a Saddam Hussein. He commented this REBUILDING IRAQ little tougher than some had ex- morning that he comes back with pected—and others had anticipated—is Mr. DASCHLE. Thank you, Mr. grave regret about what he has seen. not what is called for at this particular President. I will use my leader time He said that, unfortunately, more and time. Going home early is surely the this morning so as not to take away more Iraqis are losing their confidence way to reinvigorate al-Qaida and to from the allocated time in morning and trust in the reconstruction effort; make it possible for some other kind of business for the Democratic caucus. that more and more we are losing the thuggish regime to come to power I wanted to come to the floor this public relations battle. there in Iraq. morning to respond perhaps in part to While we all want to find a way to Given the magnitude of the threat the comments made by our distin- ensure that we are successful, it would the proliferation of Islamic radicals guished colleagues. be wrong for us to bury our heads in and terrorism pose, not only to us but I will start by emphasizing that there the sand, to plow forward, to salute the to the entire world, I am a little mys- are many areas for which there is abso- flag, and say: Look, everything is just tified that this seems to have become lutely no disagreement. I don’t think great. All we need is more money. so controversial. As Senator LOTT was you will find any disagreement in the We can’t do that. We have to make pointing out just a few moments ago, Senate today that it was a good thing an honest assessment of our cir- we have very short memories. Just 2 that Saddam Hussein was removed cumstances, acknowledge that there is years ago, 3,000 of our people were from power. We acknowledge that it work to be done, and be honest with killed in New York and in Washington. was a good thing. Saddam Hussein ourselves and the world community on That is what this is all about: Taking posed serious threat to the region, to how we accomplish all that we have set the war to the terrorists where they his country, and to the United States. out to do. To do it successfully requires are rather than here on the streets of His absence is a positive development. candor first and honesty second. Unfor- the United States. There is also broad recognition that tunately, we have not seen enough of So, yes, we will have our debate. It we owe a deep debt of gratitude to our that today. will be vigorous. But at the end of the troops and to the military overall for We are being told that we are going day, I am confident that the Senate, on the extraordinary challenge they face to rush through this request for re- a bipartisan basis, is going to do what and the success with which they face sources, $87 billion—a couple of days of is right for the Iraqis, for the United it. hearings, a quick markup, a couple of States, and for the world. Let us also recognize that there is days of floor debate and, bang, it is I yield the floor. little disagreement that it is important done. I have to say that isn’t going to The PRESIDING OFFICER. The Sen- to Iraq and this country that we allow happen. We have to be deliberative. ator from Texas. for the reconstruction of Iraq. I think As the Senator from Kentucky sug- Mrs. HUTCHISON. Mr. President, I many of us are very concerned. This is gested, we have to consider alter- heard and appreciate Senators LOTT, where some of the disagreement and natives, offer amendments, have a good SESSIONS, and MCCONNELL speaking differences may begin to arise about debate, and make sure this $87 billion this morning about the importance of the extraordinary lack of planning that was committed appropriately. what we are doing in Iraq. We are pre- went into the reconstruction effort. I say that the President missed his paring in the Senate to take up a sup- Some have suggested that we planned chance to speak candidly yesterday. I plemental appropriations bill at the re- for months—maybe years—for the mili- would have hoped that he could have quest of the President to try to make tary effort, and it shows. It was a great laid out a plan, and that he could have sure we do two things: success. been very specific with regard to how First and foremost, to give support I have been told—and I will not say we more effectively put this coalition to our troops in the field. I visited that this is confirmed, but I have been together. We hear so much discussion them in the middle of August. I have told—that we planned for less than a about the involvement of other com- seen how they live, and I have seen month on efforts to reconstruct Iraq. munities. We are told that we would what they are doing. They deserve to That also shows, if that is true. I think expect the world community to have the troop support which allows it is a fact that reconstruction has cer- produce about $55 billion in resources them to do the job—the equipment, the tainly not met with the same success to match the $87 billion requested by living conditions, and troop protection. and with the same degree of support the President by the United States. Everything we can do to allow them to within our own country that the mili- Yet, again, yesterday Ambassador do their jobs more effectively we are tary effort itself has. Bremer had to acknowledge that out of going to do. That is what the major That is where we come to our point that $55 billion expectation, the world part of this supplemental appropria- of disagreement. I regret that the community has only provided $1.5 bil- tions will do. We are going to support President lost the opportunity that he lion. our troops in the field. had yesterday in making his presen- I would have hoped the President The second thing the President is tation to the United Nations. He lost could have been more specific with re- asking for is money to rebuild Iraq. We an opportunity to make the case for gard to our plan for troops. What will will not be able to rebuild Iraq if we broader involvement in the world com- they be doing? How long will they be continue to have the ongoing terrorist munity. He didn’t ask for more troops. there? To what extent will we have to attacks that tear down everything we For whatever reason, he didn’t ask for keep them there, and for how long? have built. So we want to go in there more resources. He failed to build the Over the course of the next couple of with a full plan to get the electricity broad coalition that will be required if weeks, it would be my hope that the grid going, to get the water supply ever we are successful in the future re- President could come to the Congress going, and to try to start building the construction of Iraq. There is no dis- with very specific requests with regard economy by rebuilding the oil infra- agreement whatsoever that it is in our to that $87 billion and with regard to structure. interest to find ways to engage the the resources he says he needs. I hope We are going to support the Presi- world community more effectively and he could lay out with some specificity dent in his request. I have no doubt to make a better effort at public rela- what his plan is for the reconstruction about it. We must win this war, and we tions required to do it successfully in of Iraq. We were told by Ambassador must win the peace. We must stabilize Iraq. Bremer yesterday that the $20 billion

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.012 S24PT1 S11882 CONGRESSIONAL RECORD — SENATE September 24, 2003 over and above the $65 billion request other countries? It is also true, is it Some generals recently noted that for our troops is the last, final install- not, that 90 percent of the cost of the we have no appreciation, no real under- ment. There will be no more additional war was borne by other countries? It is standing of where this money is going requests for Iraq from here on out. also true in this war that 90 percent of now. We spend $1 billion a week and no I wish I could believe that. I wish I the costs or more are being borne by one can tell us on what with any clar- knew they had that level of confidence the United States, 90 percent of the ity. We know some goes to troops; we that not one dollar more would be re- casualties, 90 percent of the troops on know some goes for reconstruction. We quested. the ground is the United States. do not know how fast it is being spent I wish I could better understand their There is a tremendous difference be- down or where the money is going with opposition to a proposal made by the tween the first gulf war and the second regard to payment for other countries distinguished Senator from North Da- gulf war; is that true? for their involvement, nor do we know kota, Mr. DORGAN, and others who have Mr. DASCHLE. Unfortunately, the what kind of profiteering is going on. suggested we collateralize the oil reve- Senator in his question makes a very There was a report in the New York nues in Iraq for the next 20 years. We important point. We talked about Daily News yesterday that Halliburton are told that could be upwards of $160 international involvement. I call it could generate more than $7 billion in billion. Collateralized through an IMF more cosmetic than real. As he has one contract right now—that is billion, loan may not necessitate the need for noted, there has been minimal involve- with a B, $7 billion. Should there be $20 billion or $30 billion on the part of ment in a broad coalition of countries more competitive bidding and trans- the United States. They may have the that oftentimes are considered Third parency with regard to the contracts? second most formidable oil supply in World, countries that economically, Of course there should. the world. Why we would not militarily, do not have the weight and We will continue to persist with our collateralize and find ways with which the breadth and depth of power and po- questions. We will offer amendments. to utilize the resources available to tential that countries that are tradi- We look forward to the debate. them is something the administration tional allies of the United States have I yield the floor. Mr. DURBIN. I ask to be recognized needs to more thoroughly explain. always had. in morning business. Mr. REID. Will the Senator yield? For whatever reason, we cannot in- The PRESIDING OFFICER. Without Mr. DASCHLE. I am happy to yield. volve Europe, we have not involved objection, it is so ordered. Mr. REID. Is it true that the request Russia, we have not involved China, we have not involved India, we have not Mr. DURBIN. Mr. President, I thank of the President, if granted, will cause the Democratic leader for his state- the United States sometime next sum- involved countries in a meaningful, substantive, and consequential way. As ment. It raises some critical issues. mer to increase the debt ceiling of this I listened as my colleagues on the country? a result, as the Senator has noted, the lion’s share—over 90 percent of the re- Republican side came to the floor this Mr. DASCHLE. Unfortunately, I have morning when they had the oppor- to acknowledge to the Senator from sponsibility financially, militarily, or- ganizationally—has fallen upon the tunity to talk about the situation in Nevada, that is what we are now being Iraq. The premise of many of their told. I was going to address that in a United States. I talked to a young woman in Brook- statements is undeniable, and that is moment, but the Senator is absolutely ings, SD, on Saturday. She told me she the fact we cannot walk away from right. We have been forced to address is leaving for Iraq within the month, Iraq. As expensive as it may be, as dan- the debt ceiling this year for the sec- that she was going to be gone any- gerous as it may be, as many lives as it ond time. We will be called upon within where from 8 to 13 months. She has a may claim, the fact is, once the deci- this Congress now to address it the family, a job, and she is prepared to do sion was made to invade Iraq and top- third time. We are told by CBO that we that as a member of the National ple the government, we have a respon- could see in excess of $6,000 billion of Guard. She has the right to be very sibility there. For us to leave now and debt by the end of this decade. Some proud of the extraordinary contribu- let Iraq descend into chaos to become a have suggested that if all of the tax tion our members of the Guard have training ground for more terrorism in cuts that are now scheduled to be im- made, but they and we have a right to the region and against the United plemented go into effect, that number ask, Where is the help from others? States is totally unacceptable. would reach $10,000 billion by the end Where are the Europeans? Where are The fact is, for good or for ill, we are of this decade. the Chinese? Where are the Russians? in a situation where we are faced with The CBO, in a very rare moment, in Where are the Japanese? Why is it that this responsibility. It is a substantial my view—we do not often hear them we are asking that young woman to responsibility. As we look to the rea- editorializing on things of this matter; provide 90 percent of the sacrifice? soning that led us into Iraq, there have they usually give us the fact and leave Where is the sacrifice even in this been a lot of revelations over the last 3 it at that—used the word country among some? Those at the top, or 4 weeks. You may recall initially ‘‘unsustainable.’’ That $10,000 billion, the top 1 percent, who will be getting the administration said: We believe even $6,000 billion, of debt is an average of $283,000 in a tax break that Iraq is in a position where it can unsustainable. this year, where is the sacrifice? build nuclear weapons that could The American people have said, if we Should they not be required to help threaten the world; these nuclear are going to be mired in unsustainable share the burden of paying for the war, weapons could be used for terrorist debt, somebody better start asking if nothing else? purposes. In fact, the President of the questions about whether this $87 bil- Every single dollar we will be consid- United States in the State of the Union lion or the $22 billion for reconstruc- ering next week, every single dollar, Address spoke of this fissile material tion, or whatever other additional ex- will be borrowed. We were told yester- coming into Iraq from Niger, an Afri- penditures, will not so seriously under- day in the New York Times that every can nation. mine the investments in our own coun- dollar we borrow costs $3.60 to pay Further investigation leads us to try—education, health, and social secu- back—not over 10 years but over 6 conclude that perhaps we were wrong. rity—it could be one of the most dam- years. So one could say that this is not The President has conceded his state- aging things to our own security, iron- an $87 billion cost to the Treasury; it is ment in the State of the Union Address ically, that we could be considering. more like $300 billion because that is was wrong. There was no evidence of Mr. REID. Will the Senator again what it will take to pay back over a 6- fissile material coming from Africa yield? year period of time alone. into Iraq. Mr. DASCHLE. I am happy to yield That is why I say it is very impor- Frankly, today, 5 months after the to the Senator from Nevada. tant we ask these questions; that the end of military operations, there has Mr. REID. I ask, through the Pre- President come forth with greater clar- been no evidence uncovered to suggest siding Officer to the distinguished ity and far more substance with regard there were nuclear weapons in Iraq Democratic leader, this question. It is to his specific plans on how this money when the administration told us. That true, is it not, in the first gulf war is going to be used and with far more was one of the reasons we had to go to there were 200,000 troops supplied by transparency. war.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.014 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11883 Of course, the other reason that was a terrible man, a terrible leader, and a the President’s speech of 9 days ago raised—with some frequency—was terrible threat to the people in his re- told that whole story. The President weapons of mass destruction, chemical gion. The fact that he is gone is good came to the American people—and and biological weapons that could for Iraq and good for the world. That is Presidents rarely do this—on a Sunday threaten the region and the world. In a positive thing. evening and announced we needed $87 fact, at one point in time someone in But all of the other justification that billion in an emergency supplemental the administration said—I believe it led to such a substantial vote for use of appropriations for Iraq. was the President—that within 45 min- force in Iraq, all of that justification The American people were stunned, utes the Iraqis could launch an attack has evaporated right before us. That is stunned by the size of that number. on the United States with chemical the reality. It appears that the facts Now, when you break out that number, and biological weapons. have changed pretty dramatically from you see that some $67 billion is going Well, we know where we are today. what the administration told us we to go for our troops. I think I can say Five months after the military hos- would find in Iraq. without fear of contradiction that tilities have ended, those overt hos- But when I listen to my Republican there will not be a single Senator— tilities, we have found no evidence of colleagues on the floor, their argu- Democrat or Republican—voting weapons of mass destruction. None. ments about the invasion of Iraq have against that. We are going to give our Our troops went in, in full gear, pre- not changed. troops in the field every dollar they pared to confront chemical and biologi- This much we do know. Our military need to be successful, to be safe, and to cal warfare, and it never happened. The did an outstanding job. Let me add, come home. That money will be appro- administration has said that is really parenthetically, that during the course priated by this Senate with very little irrelevant; the important consideration of the Presidential campaign, then- debate. There will be some questions is the fact that many years ago Iraq Governor Bush, now President Bush, about how it will be spent, but I be- had chemical and biological capability. alluded to the fact that our military lieve, when it is all said and done, the I have to remind them, that is not was so weak and so hollow and so un- $67 billion will come racing through what they told us before we invaded prepared because of deficiencies of the the Senate, as it should. We should Iraq: It was a real threat, an imminent Clinton administration that they did never shortchange our sons and daugh- danger, and one that had to be pre- not do a good job in the Department of ters and relatives and friends and fam- empted, that we had to move on, even Defense, they did not prepare our mili- ily who are serving in the military of before the Iraqis showed any hostilities tary. the United States. directly toward the United States. Well, look what happened when that But it is the rest of the appropriation Today we are emptyhanded. Today Clinton-prepared, Clinton-equipped, that has raised so many questions and we can find no evidence of weapons of Clinton-financed military went to war so much concern—$20 billion for the mass destruction. Perhaps something in Iraq. They did a spectacular job. The construction and reconstruction of will be found. bravest, most skilled men and women Iraq. Five billion dollars goes for a po- I always qualify my remarks think- in uniform in the world, with the best lice force. I am for that. The sooner we ing, How could we have missed it? How technology, rolled over Iraq in 3 can get American soldiers out of the could we have said that we identified weeks—an amazing military victory, a jobs of directing traffic, keeping order 550 sites of weapons of mass destruc- tribute to their skill and their plan- and law in place in marketplaces, tion before the invasion of Iraq and ning. guarding banks and guarding univer- today, after thousands of inspectors on Let me underline that word ‘‘plan- sities, the sooner we can get American behalf of the United States have ning’’ because you have to say that at combat soldiers out of that role the combed through Iraq, after the end of the end of these open hostilities, May better. Iraqi policemen should do that the military operations, we find noth- 1—the conquest of Baghdad and the job. But that is $5 billion. ing. I still think we are going to find military victory in Iraq—we have to The remainder is $15 billion for the something, but as the days go on and say, from that point forward we have construction and reconstruction of Iraq weeks go on and months go on and not seen the same skill and we have for a variety of things—the draining of nothing turns up, it becomes more and not seen the same planning. Exactly the wetlands in Iraq, the refurbishing more apparent that the weapons of the opposite has been the case. and construction of 1,000 new schools in mass destruction threat in Iraq was It is apparent to us, as we listen Iraq, the building of new hospitals, grossly exaggerated—exaggerated far every single day to reports, tragic re- railroads, telecommunications, electric beyond reality. And it was one of the ports about the loss of American life supply, water and sewer—a massive in- real bases for our invasion of Iraq. and more American casualties, that lit- frastructure investment. The third one was a miscalculation tle planning took place to anticipate Yesterday, the man who is respon- by some people in the administration what we would find in Iraq. sible for that, Ambassador Paul to associate Saddam Hussein with 9/11 Do you remember the scenarios Bremer, came to speak to us just a few and to suggest that Saddam Hussein painted by the Bush administration yards away from this Chamber. He ad- and Iraq had something to do with it. about what would happen after Saddam dressed our senatorial luncheon on the Well, there is no evidence of that. De- Hussein was gone—how the Iraqis Democratic side. I asked him a few di- spite the fact that loose rhetoric by would cheer us in the street with open rect questions. members of the administration led arms, putting flowers into our rifle First, I asked him: We gave you some some to conclude there was a linkage, barrels, and all the rest? $79 billion for the troops and recon- that somehow Saddam Hussein was Unfortunately, that celebration was struction just a few months back. How supporting the al-Qaida terrorists who short-lived. In a very brief period of long will that money be there for you attacked the United States, despite time, the Iraqis, who were glad to see to use? When will you run out of the that loose rhetoric, there is no evi- Hussein gone—and I am sure that is the $79 billion we have already appro- dence of it. overwhelming majority—also asked priated? Last week or the week before, the that we leave. When we did not, more Ambassador Bremer said: December President came out and publicly said tension was created, and that tension the 1st. that. He said his Vice President was has led to a loss of American lives. Now, that is an important date to re- wrong on ‘‘Meet the Press.’’ They could More lives have been lost in Iraq since member because you are going to hear find no linkage between al-Qaida and the President declared the end of mili- from the Republican side of the aisle Saddam Hussein. tary operations than occurred during that we need to pass this supplemental So those three elements that led us the course of the invasion and war in emergency appropriations bill by the to invade Iraq have all virtually dis- Iraq. That is a sad reality. end of next week, at the latest by the appeared. It is clear the Bush administration end of next week. Well, that would be The one that remains, the one that did not have a plan to deal with Iraq by October 3. the Democratic leader alluded to, I do after the war was over. That is so obvi- By my calculation, that is 2 months not quarrel with. Saddam Hussein was ous and so evident. Frankly, I think away from when the money is actually

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.018 S24PT1 S11884 CONGRESSIONAL RECORD — SENATE September 24, 2003 needed. So if we take another week to It is difficult at this point to quantify the were going to appropriate it. It was ask some questions about how this external assistance needed to support Iraq’s voted down by the Republican side of money is being spent, it certainly is transition to representative government in a the aisle. Why? They said we couldn’t not going to be at the expense of either market economy. Eastern European experi- afford $6 billion for American schools. ence suggests that a substantial inter- our troops or our efforts in the recon- national commitment will be needed. Think about that for a second: $20 struction of Iraq today. I think we owe billion for Iraq reconstruction. Yes, the that to the American people. It goes on to say: Bush administration says we must. But I then asked Ambassador Bremer: Only a coordinated international effort can $6 billion as promised for American What is the total cost for construction bring prosperity and stability to the Iraqi schools? The answer was: No, we can’t and reconstruction in Iraq? people and contribute to a lasting peace in the Middle East. do it. He said: The World Bank estimate is As a matter of fact, the $87 billion re- $60 billion. I don’t quarrel with that conclusion, quested by the President for Iraq is We are pledging, with the new $87 bil- but the facts today say this so-called more than the total we will spend next lion appropriation, $20 billion of the $60 plan by the Bush administration isn’t year on education and homeland secu- billion, so that leaves some $40 billion going to work. If we could only raise rity in the United States. Think about that needs to be found. some $2 billion from around the world that for a second. I said to him: Where will we find the to deal with the reconstruction of Iraq There is another element, too. We are additional $40 billion? out of a total cost of $60 billion, where financing the war in Iraq with deficits. He said: From donors around the is the significant commitment that is We are borrowing money to pay for world. needed from countries around the that war. We are not cutting spending. I am very skeptical of that. I think world? It isn’t there. Once again, it is We are not raising taxes. We are bor- the American people should be. The going to fall on the shoulders of Amer- rowing the money from the Social Se- President found yesterday that his ica’s taxpayers. It is going to fall on curity trust fund. We are endangering visit to the United Nations did not re- the shoulders of American families to sult in countries around the world Social Security. We are limiting the deal with. reserves and resources of Social Secu- standing in line queuing up to send It couldn’t come at a worse time, their troops and their treasure to help rity at a time when millions of baby when we are dealing with America’s boomers are just years away from us in Iraq. economy today. We have lost more jobs They have their own concerns and showing up for their Social Security under this President than any Presi- checks. It is the height of irrespon- their own problems and their own fi- dent in the last 70 years. More jobs nancial priorities. In fact, we asked sibility. have been lost under President George The President’s tax cuts have pushed Ambassador Bremer, the total amount W. Bush, 3 million more jobs lost, than pledged by the world to help us in Iraq us to this point of bankruptcy and defi- under any President since Herbert Hoo- for reconstruction to this point does cits, the deepest deficits in the history ver in the Great Depression. not even reach $2 billion, so we have a of the United States, at the expense of I feel it in my State, where we have shortfall of some $38 billion in the health care, education, and the sol- lost about 20 percent, and one out of planned reconstruction of Iraq. I said vency of the Social Security trust every five are manufacturing jobs that to the Ambassador: I assume then that fund. All of those things are part of the have gone overseas, to China and other the $20 billion you are asking for now Bush package over the last 3 years. Yet places. Other States around the Nation from the American people is just a this President came to us 9 days ago are experiencing the same. downpayment. You are going to be and said: We need to dig deeper; we We are also dealing with a failed ef- back for more? need $87 billion more to pay for the war fort by the Bush administration to re- Oh, no, he said. This is it. This is all in Iraq. vive the economy and get it moving. we are going to ask for, $20 billion. When you ask the American people I doubt it. I am skeptical of that. They initiated all of these tax cuts what is a good way to pay for the war What are we going to do if the other which are pushing America beyond the in Iraq, they say: Why don’t you elimi- countries around the world don’t put brink of bankruptcy, tax cuts that are nate or at least postpone some of the their money into the reconstruction of driving us into a deficit hole the likes tax cuts for the wealthiest people in Iraq? Are we going to give up on that of which we have never seen in the his- America that the Bush administration and walk away? I started this state- tory of the United States, tax cuts that has pushed for? ment by saying that is unacceptable. go primarily to the highest income in- That certainly seems reasonable to We can’t do that. It is our responsi- dividuals. What have they achieved? me. If someone happens to be making bility. Once the President and this They have created record deficits. $1 million a year and are receiving country made a decision to invade, we Think of this: When this President $38,000 or more in tax cuts, is it too had a special responsibility, as painful took office, he was dealing with a much to ask that person making $1 and expensive as it may be, to Iraq. record surplus left over from the Clin- million a year to give up that tax cut That was the administration’s deci- ton administration. Now, in just 3 to deal with our deficit, to pay for our sion. That is where we find ourselves short years, he has taken that surplus war in Iraq? I don’t think it is unrea- today. and turned it into a record deficit, ag- sonable. But, frankly, the administra- This, incidentally, is the plan of the gravated by the cost of sustaining what tion says that is totally unacceptable. administration, ‘‘The Coalition Provi- is inevitable in Iraq. They want even bigger tax cuts, more sional Authority in Baghdad, Achiev- What does it mean when that deficit permanent tax cuts for people in higher ing the Vision to Restore Full Sov- comes down to our own budget here at income categories. It is the height of ereignty to the Iraqi People, an Over- home? It means cutbacks in education irresponsibility. view.’’ I first saw it yesterday. It is and health care. If you followed the The American people understand dated July 21—2 months ago. We asked Senate debate 2 weeks ago about the this. Our economy is weak. We have Ambassador Bremer: Why is this plan appropriation for education, you would lost a record number of jobs. Our def- for the future of Iraq just surfacing have found us day after day, hour after icit is growing at a pace unrivaled in now? hour, voting down amendments—sup- American history. We find health care He said: I thought we had sent that ported by Democrats, opposed by Re- and education being cut back, Social out to every Senator and Congressman. publicans—to put more money into Security endangered, and the President Well, none of my colleagues with education. We offered one amendment wants $87 billion for Iraq, a pricetag whom I have talked saw it until just that said we want to take the Presi- without a plan. within the last day or two. dent’s promise for No Child Left Be- This is no plan. What we have been When you look through this plan, hind and make it a reality. Senator handed by the administration is, frank- you start asking a lot of questions. Let ROBERT BYRD offered an amendment ly, a wish list of ideas that isn’t backed me go to an early part of the plan, on that we would take the $6 billion short- up in reality. There is no explanation page 7: ‘‘Resources to Rebuild Iraq.’’ fall in the President’s promise to here of what we will do in Iraq if other Let me quote from the plan: school districts around America and we countries around the world don’t join

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.020 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11885 us, don’t come to our side and our alli- I yield the floor. tens to the radio needs to be reminded ance in terms of the future of Iraq. The PRESIDING OFFICER. Does the of this. The foster care system in the There is no plan whatsoever. Without Senator yield back the remainder of District of Columbia is a scandal; it is that plan, there are a lot of questions his time in morning business? a crime; it is a tragedy. The fact that that need to be asked here in the Sen- Mr. DURBIN. Yes, Mr. President. it exists in our Nation’s Capital makes ate. f it even worse. We have an obligation as I sincerely hope my Republican col- Members of the Senate and this Con- leagues who fashion themselves as fis- DISTRICT OF COLUMBIA gress to do something about it. cal conservatives will come to under- APPROPRIATIONS ACT, 2004 Senator LANDRIEU and I started well stand what we are faced with. They The PRESIDING OFFICER. Under over a year ago to focus on the foster have voted for tax cuts which have the previous order, the Senate will pro- care system. We decided to have a se- bankrupted America. We now find our- ceed to the consideration of H.R. 2765, ries of hearings, where we would bring selves in a position where the bank- which the clerk will report. in experts from the District and from ruptcy hole is getting deeper and deep- The assistant legislative clerk read across the country to look at the foster er. We need to ask the hard questions. as follows: care system in the District of Colum- Some of them are painful. A bill (H.R. 2765) making appropriations bia. Our goal was to try to find out as We will never scrimp when it comes for the government of the District of Colum- much as we could about the foster care to paying for the support of our troops, bia and other activities chargeable in whole system in the District of Columbia, try nor should we; we will give them all or in part against the revenues of said Dis- to find out what was wrong with it, and the money they need. But when it trict for the fiscal year ending September 30, try to find out what we could do as comes to rebuilding Iraq, we need to 2004, and for other purposes. Members of the Senate, what the Fed- ask some hard questions. The PRESIDING OFFICER. The Sen- eral Government could do to try to be One question that needs to be asked, ator from Ohio is recognized. of assistance. front and center, is the question of AMENDMENT NO. 1783 This bill represents the first attempt profiteering in Iraq. It is unconscion- Mr. DEWINE. Mr. President, I have a by the Federal Government to directly able, it is unexplainable, it is indefen- substitute amendment at the desk. impact this foster care system in a sible that Halliburton, Vice President The PRESIDING OFFICER. The very meaningful way. What we did was CHENEY’s former corporation, stands to clerk will report. listen to the testimony, listen to the gain up to $7 billion in no-bid contracts The assistant legislative clerk read foster parents, listen to the experts, for Iraq where they, in fact, are the as follows: and take their suggestions. What you will find in this bill are the ideas that single bidder on contracts. When we The Senator from Ohio [Mr. DEWINE] pro- asked the Department of Defense, Why poses an amendment numbered 1783. came from these parents, from the ex- in the world are you giving Halliburton perts, from the people who see this sys- Mr. DEWINE. Mr. President, I ask tem day after day. We have provided so much work to the exclusion of all unanimous consent that further read- some money, which we believe will the other companies in America, they ing of the amendment be dispensed help with these ideas and begin to said: We would like to tell you, but it with. change this system. It is the right is top-secret classified information. The PRESIDING OFFICER. Without Excuse me. I don’t believe that. I thing to do. objection, it is so ordered. think, frankly, having competitive bid- As Members know, over the years, (The amendment is printed in the ding for work to be done in Iraq is only the District of Columbia has had an RECORD under ‘‘Text of Amendments.’’) reasonable. It should be a supreme em- abysmal record in protecting the lives Mr. DEWINE. Mr. President, as chair- barrassment to this administration and well-being of the children in the man of the District of Columbia Sub- that the company that continues to District’s care. Children in foster care committee, it is my pleasure to present pay the Vice President, a company have died, been abused, or they have to the Members of the Senate this which had a close, personal, financial languished for years in foster care, tie to him for so many years, is the morning a bill that has been approved often bouncing from foster home to fos- company that continues to profiteer in by the Appropriations Committee. ter home without ever finding perma- Iraq. Let me first thank the Senator from nent placement with a loving family. There have to be other companies in Louisiana, Ms. MARY LANDRIEU, my The statistics are shocking. Children America capable of doing this work colleague, for her excellent work on in foster care in the District spend an that should at least be allowed to bid this bill. She has worked very hard average of 5 years in foster care before on the contract. But that has not with me. I thank her for her efforts in they achieve a permanent placement. I taken place. Unless and until it does, I drafting this appropriations bill that is will repeat that. The children in the am afraid a lot of people will be skep- before us this morning. District of Columbia spend an average tical about this plan to rebuild Iraq. This bill provides $545 million in Fed- of 5 years before they ever find a per- There is one last point I wish to eral funds for the District of Columbia, manent home. Obviously, that means make. The President basically an- and it also includes the city’s own local some children languish in foster care nounced on May 1 that military oper- budget of $5.7 billion. The funds in this much longer than 5 years. That is ations in Iraq were over. Recently, the bill focus on a number of key priorities wrong, and we must do something American people were asked if they be- for the District of Columbia. I wish to about it. lieve the war is over. By a margin of 89 highlight four of those priorities. During our subcommittee hearings, to 10, the American people said, no, the First is improving the lives and op- we found that the District of Columbia war in Iraq is not over. When you wake portunities for children in foster care. is unable to track its children in foster up every morning, turn on your radio Second is enhancing educational op- care. They cannot even keep track of or television, and the lead story is an- portunities for inner-city students. them. We have this very sophisti- other American soldier being killed, Third is reducing and preventing cated—supposedly—computer system, you realize the war is not over. When crime in the District of Columbia. yet inputs are not being made, the you reflect on the pricetag of $1 billion Fourth is increasing the security in tracking is not taking place, and com- a week to sustain the military oper- our Nation’s Capital. plete data is not even available in the ation in Iraq, you know the war is not Mr. President, I wish to discuss the child and family services computer sys- over. When the President asks for $87 first priority at some length—improv- tem for over 70 percent of children in billion in a deficit-ridden economy for ing foster care in the District of Co- foster care today. How can we keep a plan that doesn’t exist to rebuild lumbia. No one who is familiar with track of these poor kids and determine Iraq, you know, sadly, that the war is our Nation’s Capital needs to be re- their well-being when much of their not over. minded about the sorry state of the personal information is not ever en- We can do better as a nation. We foster care system in the District of tered into this automated computer need to come together as a nation. We Columbia. No one who reads the Wash- system? This simply must change. need to plan to find a way to bring se- ington Post, no one who lives in the While putting together this bill, Sen- curity to Iraq in a responsible fashion. District of Columbia, no one who lis- ator LANDRIEU and I learned a lot. We

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.023 S24PT1 S11886 CONGRESSIONAL RECORD — SENATE September 24, 2003 learned that only about one-third of Second, early mental health evalua- The fourth provision of this new pro- the children in foster care who need tions and timely mental health serv- gram is recruitment and retention of mental health services are actually re- ices for all children in foster care. foster parents. The bill provides $1.1 ceiving the services. Moreover, many What does this mean? The bill provides million to recruit and retain foster par- children who come into care wait for $3 million for the District’s Depart- ents. CFSA has experienced difficulties weeks and weeks, or months and ment of Mental Health to ensure all with recruiting and retaining an ade- months, before they even receive that children receive mental health assess- quate number of appropriate foster first mental health assessment. ments within 15 days of coming into care parents. One reason for this is Let’s understand that these are not foster care; further, that all mental lack of availability of respite care for just your average children. These are health assessment reports are provided foster parents. This is one of the items children who, many times, have been to the court within 5 days of assess- Senator LANDRIEU and I heard foster neglected, abandoned, physically or ment and that all children receive parents tell us—good people who were sexually abused, or they have wit- mental health services immediately very much overburdened. One mom nessed, many times, terrifying domes- after the court orders those services. who came in was taking care of many tic violence. These are obviously chil- This will help alleviate the current in- children. She said: If we just had the dren who need some initial, at least, tolerable situation. opportunity for a few hours to have a assessment in regard to their mental According to the District of Colum- break, this would be of great help. health problems. For them to wait bia Family Court, in most child abuse Foster parents do not have the same months before an assessment is just and neglect cases where mental health opportunities for respite as biological wrong. It makes no sense. It is just services have been ordered, there are parents many times do. The funds in asking for trouble. long delays in providing these services this bill would provide emergency res- Clearly, we all understand that these to the child or to the family. It can pite, planned respite, and ongoing regu- kids, after experiencing trauma and often take up to 6 to 8 weeks, or longer, larly scheduled respite care. This is abuse and neglect, are in desperate to complete an evaluation and up to 60 critical to provide foster parents the need of mental health services. We days after the evaluation before the rest they need to continue to stay on need to provide those services quickly mental health services are actually as foster parents. to these children. provided, even in very serious and dan- The fifth provision is to improve Furthermore, during our committee gerous situations. Under this bill, that computer tracking of all children in hearings on foster care, Senator would change. foster care. I talked earlier about the LANDRIEU and I learned that there is a The third provision of this bill will situation of the computer system and severe shortage of social workers in the provide for the recruitment and reten- how bad it is. The bill provides $3 mil- District. That should not have been a tion of qualified social workers and lion to move the agency’s current cli- revelation to anybody. We know that will begin to deal with this problem. ent-server system to a Web-based ar- from articles we have read in the news- How do we do this? The bill will pro- chitecture and to provide laptop com- papers. But it was brought home even vide $3 million in new money for the puters to all CFSA social workers. more starkly in the hearings we held— repayment of student loans to encour- The subcommittee heard testimony the shortage of well-trained social age social workers to enter or to stay from the General Accounting Office workers in the District of Columbia. in the field. It will allow this money to that CFSA’s database lacks many ac- Many of these workers are carrying ex- be provided as an incentive to pay back tive foster care cases and the system is tremely high caseloads, making it very student loans if the young social work- often down. In addition, social workers difficult for them to do their job. Also, ers agree to continue to stay and work. do not have access to the database via many of these caseworkers simply are It will take that burden away from laptop computers when they are with not being provided the tools they need that social worker. children, foster families, or while wait- to get their jobs done. One of the problems, of course, is a ing in court. This would be a great op- We found there are several critical person wants to be a social worker, portunity to better utilize the precious needs that, if addressed, could cer- they want to do good, they want to time of social workers so they can use tainly go a long way in improving the stay in the field, but because of this that time sitting in court or, when lives of thousands of children in the low rate of pay and they have this big they are out in the field, to put the District’s foster care system, and it burden, this big debt, they cannot stay data directly, immediately into that would expedite their placement in sta- in the field very long. They have to do computer. This is to better utilize the ble, loving homes. Therefore, this bill something elsewhere where they can precious time social workers have. does contain $14 million in new money make more money to pay back the Social workers now must return to to address these needs. debt. the office late at night and enter the Let me explain what these new pro- This bill will help them ease that data of children in care. With laptop grams and ideas are. burden. It is no surprise that the high- computers and Web-based access to in- No. 1, we provide for intensive early er the caseload per social worker, the formation, social workers would then intervention. This means when a child lower the quality of service to each of be able to enter key data from off-site comes into care, the case will be treat- the children. locations. We want social workers to ed as an emergency situation. Just as The District, like many cities, suffers use that precious time hands on, deal- hospitals triage medical trauma, the from a high turnover of social workers. ing with kids, dealing with families. District’s child and family service That is not good for the kids. In fact, That is most important. Using tech- agency triage the emotional trauma the national current turnover rate has nology better will enable them to facing children who are brought into doubled since 1991. Clearly, the rel- spend more time with these families. their care. The earlier a child is sta- atively low pay and difficult working We want them to spend time on case bilized, the better his or her chances of conditions of social workers have re- plans and working with the families. avoiding long-term damage. If a child sulted in a child welfare workforce cri- This will enable them to do that. can remain with an appropriate or sis in the District. Without doubt, I spoke at length about the foster qualified family member, he or she will steps must be taken to encourage more care initiative in this bill because it is face much less emotional trauma. social workers to enter the child wel- so very important. It breaks new Some of the funds provided in this fare workforce and we must improve ground. It does something about which bill will allow the agency to staff such the salaries, we must improve the Senator LANDRIEU and I feel very pas- an early intervention program and will working conditions and the training of sionately. We feel passionately about it establish a flexible fund for the pur- workers, and we want to retain more of because we learned so much about it in chase of beds, clothing, and other items the qualified and experienced social the hearings we held. This subject de- to ensure that a relative can bring a workers. The reality is, the longer a so- serves this Congress’s time. It deserves child into his or her home immediately cial worker is there, the more experi- our attention. It deserves our money. without forcing the child to stay in a ence they get, and we want to retain As chairman of this subcommittee, I group home or foster home. the experienced social workers. and the ranking member, Senator

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.026 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11887 LANDRIEU, have listened to far too the failing schools. These parents want bioterrorist and chemical attacks. We many horror stories about children an opportunity to try a new approach. began this process last year and fur- dying or being abused in the District’s I believe they deserve that oppor- ther funding is in this year’s budget. foster care system. As a Federal part- tunity. Their hope is for a brighter fu- The bill also continues to provide ner with this city, I believe it is imper- ture for their children. funds to reimburse the District for in- ative we provide funds and seek ways The third priority funded by this bill creased police, fire, and emergency per- to protect the lives of these very pre- is reducing and preventing crime in the sonnel costs associated with the pres- cious children. It is our duty and it is District of Columbia. The Federal Gov- ence of the Federal Government. our moral responsibility to do so. ernment entirely funds the DC courts Let me again thank Senator The second priority which this bill and the Court Services and Supervision LANDRIEU, who is the ranking member funds is enhancing educational oppor- Agency. This bill provides a total of of the subcommittee. It is always a tunities for inner-city kids. This bill $377 million for these agencies, which is pleasure to work with her. She has provides a total of $40 million new $18 million more than the President’s done a great job on this bill. She and I money—I emphasize ‘‘new money’’—for budget request. Most of these addi- share the same concerns for the chil- three interrelated components: $13 mil- tional resources are to integrate the 18 dren and the residents who live in our lion to promote excellence in tradi- different computer systems that track Nation’s Capital. We have worked very tional public schools in the District of offender and litigation information. closely together on this bill. I believe Columbia; $13 million to expand choice In addition, the bill provides addi- we have put together a bill that is through high-quality charter schools; tional resources to allow the Court within budget. It is a bill that focuses and $13 million for opportunity schol- Services and Supervision Agency to en- on improving the well-being of the Dis- arships for low-income students in fail- hance its supervision of high-risk sex trict’s children and protecting the safe- ing schools to attend private schools; offenders, as well as offenders with ty of all those who live and work here. and $1 million for administrative fees. mental health problems and offenders So I thank Senator LANDRIEU, I That is $40 million in new money for with a history of domestic violence. I thank the Chair, and I will at this the District of Columbia’s children to submit that these are the most dan- point yield to Senator LANDRIEU. help educate them. gerous offenders. These are offenders The PRESIDING OFFICER. The Sen- This is a balanced approach. It is bal- who are the most likely to cause harm ator from Louisiana. anced because, as I said, it is $13 mil- and damage to the citizens of the Dis- Ms. LANDRIEU. Mr. President, I lion, $13 million, and $13 million. It is trict of Columbia, and to the tourists begin by thanking the chairman for the evenly divided. The charter schools, $13 and visitors who come here every sin- breadth and depth of those excellent million; public schools, $13 million; and gle day. opening remarks, which demonstrate $13 million for the new scholarships. Senator LANDRIEU and I held a hear- beyond any doubt his commitment to Let us make no mistake about it. ing. We heard from the people in the the budget before us and to the plans This is new money. It is not taking it Government of the District of Colum- that it supports. from the public schools. It is not tak- bia and the Federal officials who are I also acknowledge our strong work- ing it anywhere else from public edu- charged by law with supervising these ing relationship and commend him for cation. This is money that Senator individuals who are out on parole and his leadership on so many important GREGG has worked long and hard to probation. What they told us was these issues for the District and also for the come up with, other Members have are the most high-risk offenders. They Nation at large. He has gone into great worked long and hard to come up with, are out on the streets. Right or wrong, detail about the child welfare issues, to put together in a package that is they are out on the streets. They told which is one of the issues that he has balanced, that is reasonable, and that us these are the most dangerous indi- led on not just in the District but in we will be talking about more on the viduals. his home State and around the Nation. Senate floor later. I must say from my experience years We have been working together now It is for the kids in the District of ago as a county prosecutor that there for almost 3 years, sharing the chair- Columbia and it makes sense. This is a is no doubt these are the most dan- manship, depending on the majority of plus-up in funding. This is new money. gerous offenders. What we learned is this Senate. It has been a joy to work It is for the kids in the District of Co- that the ratio of the supervisors to with someone who shares so many of lumbia. these offenders today is only 42 to 1, the same goals and objectives. Turning to the bill itself, I will read many times. In other words, 42 offend- As Senator DEWINE has outlined, our directly from the language of the bill. ers to 1 supervisor. What our bill would bill is small in size but it often carries We will be discussing this later. I think do is to take that ratio down to 25 to 1. a powerful punch, because it is a bill the bill says it very well on page 21, It is the right thing to do, and we are that supports a city but also a symbol. when we talk about these scholarships. going to do it with this bill. We are tar- It is a city of 500,000 residents but it is It provides students and their families geting those dangerous offenders. This a symbol in many ways of this great with the widest range of educational is a boost to safety in the District of Nation and home to the Federal Gov- options, because that is really what we Columbia. ernment. Because of that, oftentimes are talking about: public schools, char- Additional resources also will expand on this bill—and we will experience ter schools, and, with this additional the Agency’s use of GPS-based elec- that over the next couple of days— $13 million to scholarships, options for tronic monitoring equipment to ensure there will be some rigorous debates the parents, options for the students. that offenders are not near locations about issues surrounding this bill, I am pleased to report that this such as schools or specific residences. which is understandable because this is three-sector approach to improving DC The fourth priority in this bill is in- a budget for a city but also a symbol. schools is wholeheartedly supported by creasing security in the Nation’s Cap- I hope, as we move through the de- Mayor Anthony Williams. He has been ital. Since September 11, we all under- bate on this bill, that we can provide out front in leading the charge for this stand the importance of security in the more light than heat, and I hope col- plan. He was on Capitol Hill yesterday District of Columbia. Therefore, the leagues from both sides of the aisle will very eloquently describing why this is bill includes security funding, includ- come to the floor with that in mind. needed for the District of Columbia. ing resources to complete a Unified I want to begin my brief opening re- The plan for the District has wide Communications Center which will be marks saying that Senator DEWINE and support, but the most important sup- the center for coordinated multiagency I in many instances share not only the porters for this program are the thou- responses in the event of regional and same views about the District, but we sands of low-income parents of school- national emergencies. also share the same priorities, which children in this city whose children are Funds also are included to continue makes for a great working relationship languishing in failing schools. Under to prepare the District’s largest hos- and very smooth operations. One of the this bill, the priority for children to be pital, Washington Hospital Center, and subjects he and I feel very strongly able to get these scholarships is chil- its only dedicated children’s hospital, about is committing to the financial dren who are in what are described as Children’s National Medical Center, for stability of the city. We both recognize

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.028 S24PT1 S11888 CONGRESSIONAL RECORD — SENATE September 24, 2003 the great work the Mayor, the City region. We have at least begun to lay bill reflects a significant increase, in Council, and Congresswoman ELEANOR down a small mark for help with trans- partnership with the District, working HOLMES NORTON have contributed, as portation. I will get back to why that with them, to create a new court sys- have other officials who have the is so important at the end of these tem, to create new opportunities in the hands-on responsibility for the finan- brief remarks. child welfare system. cial support and operations of the city. Helping with the financial strength The fourth area the chairman and I I commend them for their work. of the city, continuing to improve it, focused a lot of time on, and I think we This is particularly important be- making sure the CFO is supported and are making some progress, although it cause this city in just recent history his office is independent, streamline will be the subject of much of the de- was under the direction of a Control the management, and helping keep the bate on this bill, is in the area of edu- Board, established by this Congress be- city on a strong financial course is cation. I want to say what is in the un- cause the city was in a huge deficit po- something I am proud of and is re- derlying bill is a significant improve- sition. Mismanagement was rampant flected in this bill. ment over the shortsighted and very and that became necessary. Senator The second important focus—and problematic education initiative that DEWINE and I served at the time when these are not in terms of priorities be- was placed in the House bill on the Dis- that Control Board has been moving cause they are all sort of equal, but I trict of Columbia. What the chairman out, so it has been an imperative, and wanted to reflect, maybe, perhaps this has laid down is a significant improve- our first priority, that the safeguards is one we would agree is the top pri- ment over that shortsighted and prob- and guidelines and parameters that ority—is security for the Nation’s Cap- lematic initiative which was basically keep this city moving in the direction ital. Again, our bill reflects an ongoing a vouchers-only, take-it-or-leave-it ap- of surplus and strength continue. I am commitment for investments in bioter- proach by the House, which is going to proud to say that we have accom- rorism and investments, last year par- be rejected pretty unanimously here in plished that goal in partnership with ticularly, in the bill for interoper- the Senate. the city leaders, who get the most ability for police officers in the Dis- In its stead, there is a three-sector credit for keeping their city in a strong trict and the Federal agencies, as the improvement approach offered by this financial position. That is so, even District remains the No. 1 target in the bill which, in my opinion, still needs with the very difficult times the city Nation. That commitment is also found some significant work. But, as I said, it has faced, in terms of being a target, in in this bill. It is an ongoing commit- is a major improvement over the take- some cases the No. 1 target, of ter- ment I share with the chairman. it-or-leave-it, vouchers-or-nothing ap- proach by the House. The three-sector rorism in the whole Nation. Senator DEWINE did a beautiful and Along those lines, one of my prior- thorough job describing the child wel- approach, as the chairman has out- ities, shared with the leadership as well fare initiatives in this bill. I will not lined, is an equal amount of money dis- as the other Members—Senator KAY repeat what he said. I will only say tributed to charter schools, to public schools, and then to private scholar- BAILEY HUTCHISON, Senator DICK DUR- thank you to the Washington Post, ships for low-income children who are BIN from Illinois—we have put into this particularly, for continuing to bring to bill a $25 million infrastructure invest- light the deficiencies in the child wel- struggling. Let me talk about charter schools for ment because we want to be a strong, fare system, to thank my own staff and a minute and say something on the reliable partner for the financial secu- all the Members who contribute, and to record. I will get back to this at a later rity of the city. That is on top of the say the District of Columbia is not time, when the debate gets underway. $50 million that was put in last year, alone in its struggle with reforming its There is not a district in this coun- which helps one of the major infra- child welfare system and improving try, not one, not in Ohio, not in Lou- structure challenges of the city, which foster care and increasing adoptions isiana, not California, not New York, is to clean up the Anacostia River. We and establishing a family court. All that has made a stronger and better ef- have to remember this region is a re- cities, all communities, and all States fort for charter schools than the Dis- gion of two rivers, not one. We hear a are struggling with those same chal- trict of Columbia, and that needs to go lot about the Potomac but not a lot lenges. on the record as this debate starts. about the Anacostia. Both are great Because budgets are tight, when There are more children per capita in and contribute a lot to the health and budgets are cut, the first things, of charter schools in this District than vitality of the region, and the cleaner course, that are cut, in many in- any place in the Nation. With limited these are, for esthetics, for health and stances, are the services for children resources and with a relatively small recreation, is important. and courts and judicial systems that jurisdiction, this community is making The city cannot do this on its own. It help to support excellent child welfare a superior effort in charter schools. is a regional effort, and we are proud to services in the Nation. Every one of them is excellent. We step up, in the place of a State because We are trying to fight against those know they are trying new things that there is no State, to serve in that role budget reductions, adding money to are important. They don’t get enough on the budget, to help them with these this bill, with accountability, with credit for that. I want the Mayor and great infrastructure needs. I am thank- mandates for new management, and ELEANOR HOLMES NORTON, who has ful for the allocation of funds for that with a new system to try to increase been a strong supporter of charter effort to the chairman of the Appro- reunifications where possible, so chil- schools and public choice, and Mr. Cha- priations Committee and the ranking dren are not separated endlessly from vez, members of the DC Council, and member, Senator BYRD, who has been their families and to give those fami- members of the school board who have strongly in favor of this particular un- lies support. If that is not possible— supported this charter school initiative dertaking, which will cost hundreds of and in many instances, as the chair- to feel proud of what they have done. millions of dollars, to be done over the man knows, it is not possible—then to They do not get as much credit as they course of the next couple of years. move those children quickly through a should. Those charter schools provide a The next issue on infrastructure, caring and loving system that enables real choice and real opportunities. briefly, is one on which we are making those children to get safely into a new I am proud that in the bill last year some progress. We have budget con- family who will raise and nurture and Senator DEWINE and I helped fund, at straints and we do not have, as much love them, and to minimize the time in the request of many of our colleagues, as we would like, unlimited money. We foster care. the first urban boarding school for low- have budget constraints because there That is not done by waving a magic income children in the Nation—the is not much money, but wisely the wand or by rhetoric or by bumper first low-income boarding school for chairman has allocated funds to infra- stickers or by slogans. There is no sub- children in the Nation—so they can structure initiatives—parks, recre- stitute for that kind of work other stay in school Monday through Friday ation, and some help with transpor- than just tough slogging in terms of and have an opportunity to go home on tation. Again, transportation is not new policies and new investments. No weekends, if they choose. Sometimes just a challenge for the District resi- one has done that better than this their home life is not conducive to aca- dents, but it is a real challenge for the chairman. I thank him for that. This demic excellence and achievement.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.032 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11889 With accountability and oversight, we though the city is in surplus, even Mr. DEWINE. Madam President, I ask created that school. I am proud to say though they are moving in the right di- unanimous consent that the order for those children are extremely happy. rection by streamlining their oper- the quorum call be rescinded. And some of them were able to go to ations. If you look at the path for the The PRESIDING OFFICER (Ms. MUR- Greece because of the generosity of the next year or two, there are dark clouds KOWSKI). Without objection, it is so or- Greek Ambassador. Nothing could on the horizon. We want to basically dered. thrill me more than to see real know what the reason is for those dark f progress being made in opening up new clouds. Is it something that is under RECESS educational opportunities for children. the control of the city or the Congress The charter school movement is to fix? Mr. DEWINE. Madam President, I ask healthy and underway, and it doesn’t I will paraphrase the study and will unanimous consent that the Senate need our criticism and it doesn’t need submit it for the RECORD. stand in recess until 1 p.m. our undermining; it needs our support. While the city could continue to ad- There being no objection, the Senate, The other leg of that is the invest- just and streamline its practices and at 12:10 p.m., recessed until 1:01 p.m. ment in public schools. The progress is make sure that fraud and abuse are and reassembled when called to order slower but it is still substantial, as is taken out of the system, there is in by the Presiding Officer (Mr. HAGEL). true of all major cities struggling with fact a structural imbalance. Even if The PRESIDING OFFICER. The Sen- this issue throughout the country. But they did that perfectly—and no city ator from Ohio. any number of improvements have does—they still would have a struc- f been made. Later on in the debate, that tural imbalance because their tax base DISTRICT OF COLUMBIA APPRO- information will be spread on the is strained to almost a breaking point. PRIATIONS ACT, 2004—Continued RECORD. But those two legs of the in- That means their sales taxes are high, vestment are universally supported. their property taxes are high, their fees Mr. DEWINE. Mr. President, as we There are additional investments. are high. To continue to go back to the proceed with the District of Columbia Leave No Child Behind does not meet residents of the District and ask them appropriations bill, I again thank Sen- the full requirements to which the Dis- to contribute more would be detri- ator LANDRIEU for her great work on trict is entitled, but at least it is a $13 mental to the economic growth and vi- this bill. We will be proceeding later on million increase to help the public tality of this city. today on the issue of the District of Co- school system meet the new account- We have in this bill a marker—basi- lumbia vouchers. I thank Senator ability requirements and excellence cally a $3 million Federal share to con- LANDRIEU for her contribution to this that we seek in all of our schools when tribute to the infrastructure, which is discussion. we are using public funds, and to help a small but I think substantial marker We are working on some possible support charter schools. that the chairman and I are willing to amendments, but I wish to take this The piece on the scholarship program lay down to say we understand there is moment, if I can, to also thank Sen- sector, as I said, needs improvement. a structural deficit, that we don’t have ator FEINSTEIN for her contribution to But because it is a three-sector ap- the money right now to fix it, and that that section of the bill. As I have stat- proach and not just vouchers and take we are not even sure how to fix it nor ed publicly in the past—I said it yester- it or leave it, it is far superior to the have the answer but recognize there is day in a press conference—that section House provision. With some adjust- one. Hopefully, that will be the subject of the bill which has to do with vouch- ment, it could potentially receive votes of future hearings to help the city of ers, the scholarship section was signifi- of some Members on the Democratic Washington be the best city and the cantly improved because of what my side and have universal support on the symbol for the Nation. colleague from California, Senator Republican side. We will get to that Finally, let me summarize. As the FEINSTEIN, contributed to the bill. later in the day. chairman said, this bill also includes She came to me and Senator GREGG Let me say in closing that the last 2 $172 million for the operation of the DC and said: I have some suggestions; I years have been unprecedented in the courts, an $8 million increase over the have some changes; I have some ideas amount of discretionary Federal dol- President’s request. We talked about that I think need to be in this bill to lars that have gone to this city. Just that. There are certain things for improve the bill, to bring more ac- this year alone, this budget reflects which we are directly responsible. One countability; to ensure the bill’s con- $124 million over the President’s re- of them is the Court Services and Of- stitutionality; and also to make sure quest for the District of Columbia. fender Supervision Agency. I am very that the Mayor of the city of Wash- That is a substantial amount. That re- proud that the chairman has gotten ington is much more directly involved flects the confidence that is being built that ratio down from 40 to 1 to 25 to 1, in running this scholarship program. in this Congress in the leadership of which will help. I again commend the We took those suggestions from Sen- this city and the willingness to step Washington Post for their excellent se- ator FEINSTEIN. She drafted sections of out on issues that can help this city be ries that helped to call our attention to the bill, and we incorporated them in the great city it was intended to be, this glaring and terrible problem. It is the bill. Those changes are now in the and it is well on its way to being— a tragedy that exists in the District. bill that is now before the Senate. I ap- across the board, whether it is in More work needs to be done. preciate very much her work. health care, transportation, public But this bill and what it represents I I yield, without losing my right to services, education, et cetera. think is a significant compliment to the floor, for a question from Senator Nobody deserves more credit as a the city and its leadership. The consid- LANDRIEU. group than the city leadership collec- erable investment in the future for the Ms. LANDRIEU. Mr. President, I tively. They have done a very good job residents of the District is something thank the Senator for his comments. working together in that regard. of which our people around the Nation He is correct that there have been I close, however, with a challenge can be proud. some improvements made to this sec- that Senator DEWINE and I are faced I urge our colleagues as we move into tion of the bill, but it remains a work with this year; that is, the landmark the afternoon and the debate regarding still in progress. There are many Mem- report that this city faces a structural education that we attempt to fill this bers on the Democratic side and some deficit of $400 billion to $401 billion be- Chamber with light and heat because Members on the Republican side who tween their revenue capacity and their this issue, the children who depend on are still not comfortable with the lan- cost of providing services. This report our deliberations, their families, and guage. There are some who are abso- was done by an objective agency. It the taxpayers deserve no less. lutely opposed to the underlying con- was conducted by the GAO at the re- I suggest the absence of a quorum. cept of private school vouchers or quest of Congresswoman NORTON and The PRESIDING OFFICER. The scholarships. myself and others to really look at the clerk will call the roll. I thank the chairman for remaining structural deficit, if there were such a The legislative clerk proceeded to open and working on some amend- thing as a structural deficit, even call the roll. ments and language. That is taking

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.034 S24PT1 S11890 CONGRESSIONAL RECORD — SENATE September 24, 2003 place at this time. We will proceed The legislation before us does just tive, and I urge my colleagues to do the with the debate later in the afternoon. what Mayor Williams has requested. It same. Mr. DEWINE. Mr. President, I take adds an additional $40 million in edu- I suggest the absence of a quorum. back my time. I look forward to work- cation spending in the District. $27 mil- The PRESIDING OFFICER. The ing with Senator LANDRIEU to try to lion of that $40 million will go to the clerk will call the roll. accommodate the concerns she has. I District’s public schools and charter The legislative clerk proceeded to know she is well intentioned, certainly schools. The remaining $13 million will call the roll. dedicated to the children of the Dis- be used for the limited private school Mr. DEWINE. Mr. President, I ask trict of Columbia, as I talked about choice option provided in this bill. unanimous consent that the order for earlier today. And while some may be critical of the quorum call be rescinded. I believe the bill before us is a good spending $13 million on private school The PRESIDING OFFICER. Without bill. I believe the scholarship program choice, I believe it is important to view objection, it is so ordered. before us is a good scholarship pro- this money in the context of other edu- f gram. I believe it is clearly constitu- cation spending. tional. I believe it is a good program in In comparison to the $13 million we MORNING BUSINESS the sense, as I discussed earlier this will spend in this bill on private school Mr. DEWINE. Mr. President, I ask morning, that it is value-added. It is a choice, the Federal Government cur- unanimous consent that the Senate be balanced program. It is a program that rently spends about $12.5 billion on the in a period for morning business until 2 provides a third of the money for schol- Pell Grant program. And as we all p.m. arships for the children, $13 million. know, the Pell Grant Program provides The PRESIDING OFFICER. Without This is all new money, $13 million new grants to students to help them afford objection, it is so ordered. money for the District of Columbia the cost of tuition at an institution of Mr. DEWINE. Mr. President, I sug- schools, and $13 million additional higher learning, regardless of whether gest the absence of a quorum. money for charter schools. It is a the institution is a public or private The PRESIDING OFFICER. The three-pronged approach, a very bal- one. clerk will call the roll. anced program. I think the language is Similarly, the proposal before us The legislative clerk proceeded to good language. The bill before us is a today will allow certain low-income call the roll. students in the District to attend pri- good bill. Mr. DEWINE. Madam President, I ask In deference to my colleague, with vate K–12 school. unanimous consent that the order for More specifically, the school choice whom I have worked so very closely on the quorum call be rescinded. provisions in this legislation will pro- this bill over the last few years, cer- The PRESIDING OFFICER (Mrs. vide scholarships of up to $7,500 to tainly we can take some more time to DOLE). Without objection, it is so or- allow 2,000 low-income students the op- see if it is possible to reach any kind of dered. portunity to attend private school. compromise or accommodation with These scholarships will be sufficient f regard to any additional language that in dollar amount to cover the cost of EXTENSION OF MORNING would satisfy her. I am more than tuition at approximately two-thirds of BUSINESS happy to take some time to try to do the private schools in the District. It is Mr. DEWINE. Madam President, I ask that. I do believe we have a good bill my hope that the remaining one-third unanimous consent that the Senate re- right now. It is a bill that I think is of private schools in the District, main in morning business until 3 good for the children of the District of whose tuition is more expensive than o’clock. Columbia. $7,500 a year, will consider making spe- The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I rise cial exceptions to also open their doors today in support of the limited private to the low-income students in the Dis- objection, it is so ordered. school choice provisions in the District trict who are scholarship recipients. Mr. DEWINE. I suggest the absence of of Columbia Appropriations bill. In my view, the proposal supported a quorum. As you know, private school choice, by Mayor Williams and put forth in The PRESIDING OFFICER. The also commonly known as a voucher, re- this legislation is a win-win situation. clerk will call the roll. fers to the use of public money to allow The school system gets more money The assistant legislative clerk pro- a limited number of students to attend and low-income students are given a ceeded to call the roll. a K–12 private school. unique educational opportunity. Mrs. FEINSTEIN. Madam President, As a strong supporter of our Nation’s Over 50 years ago, I was given a simi- I ask unanimous consent that the order public schools, I certainly appreciate larly unique opportunity to obtain a for the quorum call be rescinded. the views of those who believe that quality education as I was a recipient The PRESIDING OFFICER. Without public money should be used to im- of the GI bill. The education that I was objection, it is so ordered. prove only public schools. fortunate enough to receive as a result Mrs. FEINSTEIN. Madam President, However, as a member of the Sen- of the GI bill has allowed me to achieve I ask unanimous consent to speak for ate’s Education Committee, I also most of the dreams to which I have as- up to 10 minutes. strongly believe that if our educational pired. Without the GI bill, I certainly The PRESIDING OFFICER. Without system is to improve, as needed, we would not be standing here today. objection, it is so ordered. cannot remain stuck in the status-quo. Similarly, the private school choice Mrs. FEINSTEIN. Thank you very We must look for innovative ways to proposal before the Senate today will much, Madam President. improve our schools. While providing provide certain students in the District f additional money into an educational with an opportunity to receive a strong DO NOT CALL REGISTRY system can help—money alone is never education. And, along with that edu- enough. cation, these scholarships will provide Mrs. FEINSTEIN. Madam President, I commend the Mayor of Washington, these students the same opportunity I I come to the floor because I have just DC—Mayor Anthony Williams—who had to achieve my goals in life. learned of a decision made by an Okla- along with others have all come to- I commend the work and leadership homa district judge that the National gether in support of an innovative idea of the chairman, Senator DEWINE, my Do-Not-Call registry is invalid. This is to improve the educational system in colleague in the Virginia congressional amazing to me. the District of Columbia: an infusion of delegation, TOM DAVIS, Mayor Anthony This is the result, apparently, of a money into the public school system Williams, the local media, and other lawsuit filed by the Direct Marketing along with a limited private school philanthropists and community leaders Association, U.S. Security, Chartered choice option for the District of Co- who have worked closely together in Benefit Services, Global Contact Serv- lumbia. support of this private school choice ices, and in InfoCision Management How fortunate we are to have the initiative. Corporation challenging the Federal leadership of Mayor Williams in the It is my intention to support this Trade Commission’s authority to im- District of Columbia. limited private school choice initia- plement the wishes of millions of

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.037 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11891 Americans who have gone on the Fed- I also note that the FTC’s rule came The PRESIDING OFFICER. Without eral Trade Commission’s web site and after the most extensive deliberations. objection, it is so ordered. signed up to say to telemarketers they The FTC announced its plan to proceed f don’t want to be called. with the Registry on December 18, 2002, DEPARTMENT OF HOMELAND SE- I would like to read into the RECORD after receiving 64,000 comments. The CURITY APPROPRIATIONS ACT, a statement of FTC Chairman Timothy overwhelming majority of these com- 2004—CONFERENCE REPORT Muris. He said: ments favored the creation of the Reg- Late last year, the Federal Commission istry. Millions of Americans were Mr. COCHRAN. Madam President, I issued rules creating the National Do Not promised protection from annoying, ask unanimous consent that the Sen- Call Registry under the Telemarketing and unwanted telemarketing calls starting ate now proceed to the consideration of Consumer Fraud and Abuse Prevention Act. October 1. They are truly going to be the conference report to accompany On February 13, 2003 the Congress passed the outraged by this. H.R. 2555. Do Not Call Implementation Act, which au- There are two ways of going about The PRESIDING OFFICER. The as- thorized the FTC to collect fees from sellers sistant Democratic leader. and telmarketers to ‘‘implement and enforce this. The first is to let the FTC appeal the provisions relating to the ‘do-not-call’ the case, which they have just said Mr. REID. Madam President, reserv- registry.’’ The President signed this bill on they are going to be in the process of ing the right to object, we have been in March 11, 2003. Moreover, on February 20, doing. The other is to perhaps unani- touch with Senator BYRD, who is co- 2003, the President signed the Omnibus Ap- mously adopt and pass legislation manager of this bill, and he has no ob- propriations Act, which authorizes the FTC which clearly authorizes, specifically jection to proceeding to this con- to ‘‘implement and enforce the do-not-call authorizes—and in bold letters author- ference report. He simply wants to be provisions of the Telemarketing Sales Rule.’’ izes so that no Federal judge can mis- able to be heard prior to our scheduling Despite this clear legislative direction, the a vote on adoption of the conference re- U.S. District Court for the Western District understand it—and get this done as of Oklahoma has ruled that the FTC exceed- quickly as we can. I have asked my Ju- port. ed its authority in creating the National Do diciary counsel to prepare this legisla- I have no objection. Not Call Registry. tion. We will be submitting it before The PRESIDING OFFICER. Without This decision is clearly incorrect. We will the end of the day. objection, it is so ordered. seek every recourse to give American con- I would like to invite all of my col- The report will be stated by title. sumers a choice to stop unwanted tele- leagues to join as cosponsors. Then, The legislative clerk read as follows: marketing calls. hopefully, we will be able to move this The committee of conference on the dis- This registry is due to go into effect through very quickly, particularly in agreeing votes of the two Houses on the in a week. A Federal judge has essen- amendment of the Senate to the bill (H.R. view of the fact that we believed we did 2555), making appropriations for the Depart- tially prevented it from going into ef- authorize it earlier, the President did fect. In a week, tens of millions of ment of Homeland Security for the fiscal sign it earlier this year, and we be- year ending September 30, 2004, and for other Americans who have registered their lieved it was a concluded issue. purposes, having met, have agreed that the names not to be called by tele- I ask unanimous consent to have House recede from its disagreement to the marketers are going to find out that it printed in the RECORD the judgment of amendment of the Senate and agree to the is all a myth. They are going to get the Western District Court of Okla- same, with an amendment, and the Senate called in any event. I think they are homa which finds that the portion of agree to the same, signed by a majority of the conferees on the part of both Houses. going to be very angry. the final amended rule that pertains to I also believe this decision strikes a the National Do Not Call Registry is The Senate proceeded to consider the blow against the basic privacy inter- invalid. conference report. ests of millions of Americans. Pres- There being no objection, the mate- (The conference report is printed in ently, these people are subjected to un- rial was ordered to be printed in the the House proceedings of the RECORD of wanted marketing calls to their homes RECORD, as follows: September 23, 2003.) at all times of the day, including the The PRESIDING OFFICER. The Sen- IN THE UNITED STATES DISTRICT COURT FOR dinner hour. The FTC’s Registry will ator from Mississippi. THE WESTERN DISTRICT OF OKLAHOMA give Americans who want to avoid Mr. COCHRAN. Madam President, it U.S. SECURITY, ET AL., PLAINTIFFS, VS. these unsolicited sales pitches an op- is my honor and pleasure to present for FEDERAL TRADE COMMISSION, DEFENDANT tion to stop their telephone from ring- the Senate’s approval today the con- NO. CIV–03–122–W—JUDGMENT ing. ference report on H.R. 2555, the fiscal As I mentioned, tens of millions of Pursuant to the Order filed this date, the year 2004 Homeland Security Appro- Court finds that judgment should be and is Americans have registered more than hereby entered as a matter of law in favor of priations Act. As all Senators know, 50 million phone numbers for this pro- the plaintiffs, U.S. Security, Chartered Ben- this is an historic occasion. Not only is gram. Ultimately, the Federal Trade efit Services, Inc., Global Contact Services, this the first appropriations bill for the Commission expects 60 percent of the Inc., InfoCision Management Corporation new Department of Homeland Security, Nation’s households with approxi- and Direct Marketing Association, Incor- but it is also the first of the 13 fiscal mately 60 million home phone lines to porated, on the plaintiffs’ claims that that year 2004 appropriations bill conference sign on to the registry. This registry is portion of the Final Amended Rule that per- reports to be presented to the Senate. crucial because it puts consumers in tains to the national do-not-call registry is The conference agreement provides invalid. The Court further finds that judg- total new budget authority for the new charge of the number of telemarketing ment should be and is hereby entered as a calls they receive. Telemarketers who matter of law in favor of the defendant, Fed- Department of $34.9 billion, including disregard the Registry could be fined eral Trade Commission, on all remaining $4.7 billion in advance appropriations up to $11,000 per call. claims asserted by the plaintiffs. for future fiscal years. Of the amount The district court today ruled that Dated at Oklahoma City, Oklahoma, this provided for fiscal year 2004, $29.4 bil- the Do Not Call Registry is ‘‘invalid’’— 23rd, day of September, 2003. lion is for discretionary programs. This that is the word the judge used in his Lee R. West, United States District Judge. is approximately $1 billion more than decision—because it was created with- Mrs. FEINSTEIN. Madam President, the level requested by the President. It out congressional authority. I have concluded within the 10 minutes. is also $890 million more than the Sen- This conclusion I find surprising I thank the Chair. I yield the floor. ate-passed bill level, due to inclusion since Congress passed H.R. 395, the Do- Mr. COCHRAN. Madam President, I in the conference report of $890 million Not-Call Implementation Act on Feb- suggest the absence of a quorum. in fiscal year 2004 funding for bio- ruary 13th of this year. The legislation The PRESIDING OFFICER. The defense countermeasures, so-called clearly authorizes the Federal Trade clerk will call the roll. BioShield, as recommended in the Commission and the Federal Commu- The legislative clerk proceeded to House bill and the President’s recently nications Commission to collect fees call the roll. submitted revised budget request. sufficient to implement the Registry. Mr. COCHRAN. Madam President, I To further strengthen the capacity of And the Appropriations Committee ask unanimous consent that the order the Nation’s first responders to prepare granted $18 million for the program. for the quorum call be rescinded. for and respond to possible terrorist

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.040 S24PT1 S11892 CONGRESSIONAL RECORD — SENATE September 24, 2003 threats and other emergencies, this of the Department, Tom Ridge. In my screened. Eventually, we will have to conference report provides a total of judgment, Secretary Ridge is doing an move them out of the lobbies because $4.037 billion for the Office of Domestic excellent job of starting up this new we have lines in airports now outside Preparedness. This includes $1.7 billion Department, understanding the impor- the buildings. That equipment is going for the State and local formula-based tance of the mission, and helping our to have to be moved. grant programs; $500 million for law country prepare for and prevent ter- The estimated cost associated with enforcement terrorism prevention rorist attacks, and prepare for and re- these modifications ran up to as much grants; $725 million for high-threat, spond to natural disasters. as $5 billion. I must say I gulped when high-density urban area grants; and The chairmen and ranking members I heard that. I have asked a lot of ques- $750 million for the firefighter assist- of the full committees have also been tions about just how much is needed ance grant program which will remain very helpful in the development of this and how are we going to fund it. That a stand-alone program. legislation. We want to express our ap- was the natural question to come up. The conference report also includes preciation for their good work and In the immediate aftermath of 9/11, $180 million for emergency manage- their important assistance. as we worked aggressively to deal with ment performance grants which will be It is with pleasure and honor that I tighter security at airports, the TSA managed by the Emergency Prepared- recommend to the Senate the adoption was allowed to take $500 million out of ness and Response Directorate. of this conference report. the Airport Improvement Program. The conference report includes a The PRESIDING OFFICER. The Sen- Those funds are supposed to go for im- total of $4.5 billion for the Transpor- ator from Mississippi. proving the airports, for aprons, run- tation Security Administration. Air Mr. LOTT. Madam President, I un- ways, security fences. But that money cargo security was a priority of the derstand other Senators, including was diverted, $500 million of it, out of conference committee, as evidenced by Senator BYRD, may be speaking on this the normal AIP program into the secu- the fact that the conference report pro- and will be here in a few minutes. I rity area. vides $85 million for air cargo security, thought I would take the opportunity The Transportation Security Admin- which is $55 million higher than the to make some comments on a specific istration came before the committee President’s request. This funding will provision in this conference report. and said: We are going to need another allow the Department to enhance its First, I am pleased that the Senate is $500 million, and we are going to need efforts to identify and prohibit the considering this very important appro- more and more and more. We made it transportation of high-risk cargo on priations conference report for the new clear that they could not take another passenger aircraft as well as to advance Department of Homeland Security, and $500 million bite out of the airport im- efforts to research, develop, and pro- I am pleased that the chairman of this provement program, which is what cure the most effective and efficient subcommittee is my colleague from they intend to do. But we do see that air cargo inspection and screening sys- Mississippi. He has shown real leader- we need probably at least $250 million a tems. ship and stamina in getting this done, year to help airports fund these impor- Additionally, $8.6 billion is provided bringing it to the floor of the Senate, tant security projects. So we had to for the defense of our borders; $9.1 bil- and holding the line on making sure also come up with a way to provide lion for emergency preparedness and that what we spend is what we need, a that money. response; $6.8 billion for the Coast reasonable amount, and not allowing it The way that has been done is a $2.50 Guard; and $1.5 billion for research, to spiral out of control, which it could security fee that has been assessed on analysis, and infrastructure protection. have very easily. all airline passengers. The airlines will The conference committee met and He deserves a lot of credit. It went tell you that the passengers are not completed action on Wednesday of last right into conference and secured an paying that fee. They are just having week, and the conference report was agreement. This is going to be one of to absorb it. Because if they raised filed yesterday, September 23. It was the appropriations bills that gets to ticket prices even a little bit, that adopted by the House of Representa- the President for his signature early. would affect decisions that passengers tives earlier this afternoon by a vote of That is the way this process should be make to go a different way or go on 417 yeas to 8 nays. Senate passage of done, because it is going to be finished some other airline. So they maintain this conference report today is the before the beginning of the next fiscal they are having to eat that fee. Re- final step necessary to send this fiscal year. There are not many appropria- gardless, the actual fee is supposed to year 2004 appropriations bill to the tions bills that are going to do that be on the passengers. President for his signature into law be- this year or in most years. I have some problems with that, par- fore October 1, the beginning of the I do have a concern and am dis- ticularly when you look at how that new fiscal year. appointed with a particular provision money is really being paid. It is a tre- I must acknowledge the assistance in this conference report that affects mendous cost that is one of the issues and important work by the ranking the FAA reauthorization conference re- affecting our airline industry and the member of the subcommittee, the dis- port. As chairman of the Aviation Sub- ability of airlines to make a profit and tinguished Senator from West Virginia, committee, we had extensive hearings, to stay in business. Mr. BYRD; also the chairman of the as I know this appropriations sub- So I actually considered the idea of House committee, Mr. ROGERS, and the committee did as well, in developing eliminating this fee. The other side of ranking member of the House sub- the legislation that led to the FAA re- the coin is that we have to come up committee, Mr. SABO, for their sub- authorization bill. It became very clear with some way, if we are going to pro- stantial contributions to the develop- early on that one of the major issues vide for these security changes, to pay ment and writing of this bill through- that we had to confront was how to pay for them. While I think everybody has out the year. for security capital costs at airports. a responsibility to assume some of the We began the year with extensive We have additional needs. There are cost—the Federal Government and hearings, reviewing the proposals for additional costs. Many of the airports’ local governments, perhaps, and air- the budget of all of the directorates lobbies are crowded because they have port authorities—the people them- and the individual agencies that are the new equipment that has been in- selves are getting additional security. funded in this bill, which includes the stalled there to scan our luggage. A lot So we decided to leave the fee in place. Secret Service, the Coast Guard and of additional costs have been heaped on Now, in my view, that is kind of like others. A lot of time has been devoted the airports, local authorities, and, as the highway trust fund. It is a fee to understanding the missions and re- a matter of fact, the TSA, the Trans- charged for a specific purpose: aviation sponsibilities of the 22 Federal agencies portation Security Administration. security. It should be used for that pur- that were brought under the jurisdic- The majority of the costs they are pose, and that purpose should include tion of the new Department of Home- dealing with in the airports themselves airport security. For years, the high- land Security. are associated with modifying the air- way trust fund money was held in the We have also worked closely and con- ports to install explosive detection sys- trust to make the deficit look lower sulted with the distinguished Secretary tems so that the baggage can be fully than it really was. It was also quite

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.044 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11893 often used in ways other than highways Mr. COCHRAN. Madam President, I U.S. DEPARTMENT OF HOMELAND SE- and bridges, and it has continued to appreciate the comments made by my CURITY, OFFICE OF THE SEC- change. On the last highway bill, we good friend and State colleague, who is RETARY, had a big discussion about that. The chairman of the Aviation Sub- Washington, DC, June 11, 2003. budget people wanted to keep some of Hon. THAD COCHRAN, committee. Chairman, Subcommittee on Homeland Security, that money in the trust fund to help When the FAA bill was on the floor, Committee on Appropriations, U.S. Senate, with the budget numbers; the appropri- I offered an amendment to strike that Washington, DC. ators didn’t want to mandate that that language, which would have reduced re- DEAR MR. CHAIRMAN: The Administration money be spent, even though we needed sources available to meet the Depart- appreciates the continued support of Con- highways and bridges. We came up with ment of Homeland Security require- gress for improvements in the security of the Nation’s civil aviation system and supports a compromise that the Budget Com- ments for aviation security. That mittee and appropriators could live Senate passage of S. 824, the Aviation Invest- amendment was adopted without an ment and Revitalization Vision Act (Air-V). with, and we spent more money and objection. However, the Administration opposes a pro- built more roads and bridges. Madam President, I would like to vision in S. 824 that would divert fees col- This is how I view a fee being paid for lected for security activities for purposes security at the airports. We said it briefly explain the order in which these events occurred and the reason for pro- other than the provision of direct security would go into a fund where it would be services. earmarked for that purpose. The Ap- viding the funding prohibition that was With the Homeland Security Act of 2002, propriations Committee indicated that included in this conference report. Congress identified the Department of Home- that was a problem for them because On June 12 the Senate considered land Security (DHS) as the focal point of the federal government’s homeland security ef- they don’t like, understandably, that H.R. 2115, the Vision 100–Century of Aviation Reauthorization Act reau- forts, with the mission of preventing ter- this money is earmarked in a par- rorist attacks and reducing the nation’s vul- ticular area. They say the Appropria- thorizing Federal Aviation Administra- nerability to terrorism. While the Depart- tions Committee will look at that and tion (FAA) activities. The FAA reau- ment welcomes and appreciates the assist- make those decisions. Therefore, in the thorization bill contained language ance of other agencies in improving security, Homeland Security conference report, that established a new entitlement for any diversion of security fees, such as that even though I thought we had worked the Transportation Security Adminis- proposed in S. 824, would directly undermine the Department’s ability to fulfill its mis- our disagreement out, we originally tration, an Aviation Security Capital Fund, by earmarking the first $500 mil- sion. Air-V would establish an Aviation Se- had a fund of $500 million and we went curity Capital Fund that is both outside the to $250 million, leaving money that lion derived from the aviation security control of the Department and funded by di- could be used for discretionary pur- service fees which are currently avail- verting $500 million per year of passenger poses, the appropriators chose to over- able and relied on as an offset to fund- and air carrier security fees collected by the ride the authorizing committee. That ing appropriated by Congress for avia- Transportation Security Administration is the way it went through the Senate, tion security. (TSA). This would diminish the Depart- This provision would have directed ment’s funding capacity. As you know, the with Senator COCHRAN raising concerns direct annual costs of operating the aviation at the time the FAA Reauthorization $500 million used by the Transportation security system are not fully offset by these was on the floor, but I thought it was Security Administration to offset the fees, and diverting fee revenue for other pur- with an understanding to allow the funds appropriated by Congress for poses clearly weakens the intended financing process to move forward. aviation security. During consideration structure of TSA set forth in the Aviation Now the conference report knocks of the bill, I offered an amendment and Transportation Security Act. Diversion of the fees into a fund outside of DHS under- that provision out—it is kind of novel with Senator BYRD that would instead because the appropriations conference mines the ability of the Administration to ‘‘authorize to be appropriated to the apply these resources to the most pressing report knocks out a section in a bill Fund up to $500 million for each of the security needs. that has not yet been passed. That was fiscal years 2004 through 2007’’ for secu- The Administration looks forward to work- a little unusual, I thought. But I do rity improvements at our Nation’s air- ing with Congress to ensure that the version think money that is paid by the pas- ports. of the bill presented to the President elimi- sengers as a security fee for purposes This amendment was adopted by the nates this objectionable provision. such as airport security should be The Office of Management and Budget has Senate without objection. However, advised that there is no objection, from the spent for that purpose, at a level des- when the FAA reauthorization bill was standpoint of the Administration’s program, ignated by the authorizing committee. reported from conference, the language to the submission of these views for the con- It should not be left to the discretion of that amendment was reversed. The sideration of the Congress. of the appropriators or anybody else to conference agreement included $250 Sincerely, spend it at a level they see fit, al- million in direct spending, not subject TOM RIDGE. though they may be spending the to appropriation, to be taken from the Mr. COCHRAN. I think it is impor- money on justified programs in other offsetting fee collections. The concerns tant for us to continue to discuss and aviation areas of the Transportation raised that the Department of Home- consider the appropriate way to deal Security Administration. land Security would have to take a cut with these fees and funds that are used So I am concerned about this. This in its budget for aviation security to for airport security. I assure my friend bill is too important for our country, it offset this new entitlement were not from Mississippi that I want to con- affects too many people, and there are taken into consideration. sider his suggestions and thoughts, and too many things to be delayed. I would There is no argument that our na- those of his committee, as we proceed not do that. I wanted to go on record tion’s airports need the resources to in the administration of these pro- expressing my disappointment particu- make structural changes for the safety grams. I want to see that the fees are larly in this section—how it was done— and security of the traveling public. We fair for the airlines, fair for passengers, and say that if we are not going to that they achieve the results we all mandate spending this money for air- have provided funding to address these needs in this conference report. We want, which are improved airport secu- port security, it would be my desire to rity and the security and safety of the eliminate the fees. That may be where would not have been able to do this without the inclusion of the provision traveling public. I hope we can do that we will have to go next year. For now, and work out an appropriate way of prohibiting the reduction of offsetting this is a small part of a very large bill, handling this issue in the future. collections. although I think it is an important Madam President, I suggest the ab- one. I had to raise my concerns and my I ask unanimous consent at this sence of a quorum. objections, while not being prepared, of point that a letter to me from the Sec- The PRESIDING OFFICER. The course, to delay this important legisla- retary of the Department of Homeland clerk will call the roll. tion. Security on this subject, dated June 11, The legislative clerk proceeded to With that, I yield the floor. be printed in the RECORD. call the roll. The PRESIDING OFFICER. The Sen- There being no objection, the mate- Mr. BYRD. Mr. President, I ask unan- ator from Mississippi, Mr. COCHRAN, is rial was ordered to be printed in the imous consent that the order for the recognized. RECORD, as follows: quorum call be rescinded.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.047 S24PT1 S11894 CONGRESSIONAL RECORD — SENATE September 24, 2003 The PRESIDING OFFICER (Mr. The conference agreement restates mental request for his war in Iraq that CORNYN). Without objection, it is so or- both House and Senate language re- totals $87 billion. No funding was re- dered. garding full funding of antidumping en- quested to help secure our homeland. Mr. BYRD. Mr. President, it seems to forcement provisions as well as calling Yet included in his request was $20.3 be the ill fortune—the ill fortune—of on the Bureau of Customs and Border billion for the reconstruction of Iraq, the present occupant of the chair to Protection to rigorously enforce trade of which $5.1 billion is for homeland se- have to find himself in the chair when laws pertaining to steel imports. curity in Iraq. I make speeches. It seems that every The conference agreement is good for If my amendment had been approved, time I make a speech, the Senator from disaster-prone States. The bill contains the conference report that is before the Texas is in the chair. $200 million for flood map moderniza- Senate would have included $125 mil- Well, I am glad to see him there. He tion, which is the largest amount ever lion more to hire 1,300 more Customs is a good Presiding Officer. He is alert appropriated for this account. Further, inspectors on our U.S. borders, $200 to what is going on on the floor. He lis- the bill strikes a balance between million more for first responder grants tens, and he is always very pleasant, premitigation and postmitigation to equip and train police and fire- congenial, and I congratulate him, be- grants. The bill contains $150 million fighters here at home, and $100 million cause sitting in the chair while I speak for predisaster mitigation grants, so for the U.S. Coast Guard to secure our makes it very difficult for any Senator that States have access to funds that ports. to carry on his other necessary activi- help them to plan for and prevent dam- Instead, next week, the Senate will ties—the work in his office and meet- age from disasters. be considering the President’s request ing with constituents and so on. So I The bill also continues to fund for reconstructing Iraq, including $290 not only congratulate him, I also postdisaster mitigation, which is made million for Iraqi fire departments; $150 thank him. available to States as a percentage of million for Iraqi border enforcement, Mr. President, this afternoon, the disaster relief money received from including 2,500 customs inspectors; $150 Senate finds itself with the first Home- FEMA. The President had proposed to million for an Iraqi ‘‘911’’ emergency land Security appropriations con- eliminate funding for postdisaster system; $499 million for Iraqi prisons; ference report before it. I thank Senate mitigation. and $82 million for an Iraqi coast Chairman THAD COCHRAN, House Chair- The conference agreement provides guard. man HAROLD ROGERS, and the ranking $180 million for emergency manage- I continue to maintain that the Sen- member on the House Homeland Secu- ment performance grants. These grants ate should take some time to review rity Subcommittee, Representative allow States and localities to develop the President’s supplemental request MARTIN SABO, and all of the House and basic emergency preparedness and re- for the cost of the war in Iraq. We Senate conferees for their hard work sponse capabilities. This program is should hold further hearings in the on this important legislation. We all the only Department of Homeland Se- Senate Appropriations Committee. We share the goal of ensuring that the new curity grant program that is focused should hear from outside witnesses, not Homeland Security Department has on all hazards, such as terrorist at- just administration witnesses. The the resources it needs to secure the tacks, floods, and building collapses. Senate should not act as a rubberstamp homeland. The administration had recommended for any President. I find it more than The conference report that is before rolling this program into the ODP ironic that the Bush administration the Senate provides $29.4 billion for dis- State grants program. would oppose homeland security pro- cretionary programs for fiscal year 2004 As Hurricane Isabel confirmed, we tections for American citizens but ask for the new Department. With the lim- must make sure that this new Depart- Congress to express dollars to Iraq for ited resources that were made avail- ment of Homeland Security maintains security efforts there. able under the budget resolution, the its ability to respond to natural disas- With regard to the Homeland Secu- conference agreement is fair and bal- ters, while preventing and responding rity conference report that is before us, anced. And so much of that is due to to terrorist attacks. These are all sig- I again thank Chairman COCHRAN and the fair and balanced approach that the nificant improvements over the pro- his staff for their hard work in pro- distinguished chairman here, Senator gram proposed by the President. ducing the first Homeland Security ap- THAD COCHRAN, always displays. It Regrettably, even with these im- propriations conference report. I also comes as a habit to him. It is just sec- provements, the conference agreement thank my own staff in this regard, and ond nature. leaves significant gaps in the security I thank all of the subcommittee mem- This bill provides a $1 billion in- of our homeland. After 9/11, Congress bers on both sides of the aisle and their crease over the President’s request, passed the PATRIOT Act, the Maritime staffs as well. While this conference re- and it makes a number of significant Transportation Security Act, the Avia- port does not include sufficient re- improvements in the organization of tion and Transportation Security Act, sources to fund many of the new home- the Department. and the Enhanced Border Security Act. land security programs that this Con- In particular, I am pleased that the The President signed these measures gress authorized in response to the at- conference agreement includes lan- with great fanfare, but the President tacks of 9/11, it is a significant im- guage that will ensure that the new has done little to fulfill the promise of provement over the President’s re- airline passenger screening system, those laws. quest. I support its adoption. known as CAPS II, will not be deployed The inadequate allocation given to The chairman would have done more before February 15, 2004, until the Gen- the subcommittee has forced the con- if he had had more funds with which to eral Accounting Office has had the ferees to underfund a number of these do it. I again thank him for his many ability to review and report on the per- critical new authorities. courtesies. I thank the floor staff and sonal privacy protections, including an Last Wednesday, I offered an amend- the Chair. appeal process for individuals who are ment in conference to add $1.25 billion I yield the floor. prevented from flying because the sys- of emergency funding to the bill to se- The PRESIDING OFFICER. The Sen- tem has identified them as a security cure the homeland by funding some of ator from Mississippi. risk. the authorities that the President had Mr. COCHRAN. Mr. President, I Funds are included, consistent with signed into law after 9/11 but failed to thank the distinguished Senator from the Senate bill, to enhance border secu- fund. The amendment included funding West Virginia for his kind words, his rity—none of which were requested by for port security, aviation security, compliments to me and the members of the President—including funds for an chemical security, first responder our staff. He also devoted a great deal additional 570 Border Patrol agents and grants, and for the Coast Guard Deep- of personal attention and effort to the funds to establish a northern border air water Program. The White House op- development of this legislation, and his wing. posed and the Republicans rejected the experience and good judgment have Mr. President, $60 million is included amendment. been invaluable in the presentation of to begin the development of an anti- On the same day, last Wednesday, the this conference report to the Senate missile device for commercial aircraft. President sent to Congress a supple- today.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.052 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11895 I know of no other Senators who are been opened up for a few of these cor- the U.S. Coast Guard, the Transpor- seeking to speak on the conference re- porations in Bermuda, they have avoid- tation Security Administration, the port at this time. Not wanting to leave ed paying taxes. U.S. Secret Service, the Office for Do- anyone out of the debate who wants to I am disappointed that the conferees mestic Preparedness, and several other join in, I suggest the absence of a chose to allow a special benefit to offices and activities. quorum. these unpatriotic companies to con- Mr. President, I ask unanimous con- The PRESIDING OFFICER. The tinue to exist. Back in July, when this sent that a table displaying the Budget clerk will call the roll. body debated the bill before us, the Committee scoring of the bill be print- The assistant legislative clerk pro- Senate adopted the amendment I of- ed in the RECORD. ceeded to call the roll. fered with Senator REID that disquali- There being no objection, the mate- Mr. COCHRAN. Mr. President, I ask fied these unpatriotic companies from rial was ordered to be printed in the unanimous consent that the order for competing for homeland security con- RECORD, as follows: the quorum call be rescinded. tracts. Unfortunately, the conference H.R. 2555, DEPT. OF HOMELAND SECURITY APPROPRIA- The PRESIDING OFFICER. Without committee dropped this amendment TIONS, 2004: SPENDING COMPARISONS: CONFERENCE objection, it is so ordered. from the bill, so those who have en- REPORT Mr. LEVIN. Mr. President, I will sup- gaged in these so-called inversion port the Homeland Security appropria- transactions in past years can still [Fiscal year 2004, in millions of dollars] tions conference report today because enter into homeland security con- General Mandatory Total this funding is vital to our first re- tracts. purpose sponders and all of those responsible They continue to use our roads and Conference Report: for protecting us. I am disappointed our law enforcement, our education Budget authority ...... 29,411 831 30,242 Outlays ...... 30,110 847 30,957 that the conference committee rejected system. They use our free-trade laws. Senate 302(b) allocation: additional funding for first responders, But then they avoid paying taxes by Budget authority ...... 28,521 831 29,352 Outlays ...... 29,737 847 30,584 port security grants, aviation security, opening up a post office box and a com- 2003 level: additional Customs inspectors at our puter in a tax haven. Budget authority ...... 28,269 889 29,158 Outlays ...... 27,558 818 28,376 borders and other protective measures. Inversions are unfair to the tax- President’s request: At a time when homeland security payers who are left holding the bag and Budget authority ...... 28,004 831 28,835 Outlays ...... 28,581 847 29,428 should be a top priority, we should not unfair to the U.S. companies that are House-passed bill: be underfunding these programs. doing the right thing by not inverting Budget authority ...... 29,411 831 30,242 Outlays ...... 30,500 847 31,347 In addition to inadequate funding, but who nevertheless are at a competi- Senate-passed bill: the grant formula that is used to dis- tive disadvantage because of these Budget authority ...... 28,521 831 29,352 tribute funding under the Office of Do- Outlays ...... 29,737 847 30,584 sham moves. Those that engaged in CONFERENCE REPORT COMPARED TO— mestic Preparedness State Homeland these specious inversion transaction in Senate 302(b) allocation: Security Grant Program is inequitable past years can still enter into home- Budget authority ...... 890 ...... 890 Outlays ...... 373 ...... 373 and needs to be changed. This program land security contracts—the current 2003 level: distributes funds using a minimum prohibition in the law only applies to Budget authority ...... 1,142 (58) 1,084 Outlays ...... 2,552 29 2,581 State funding formula that arbitrarily future inverters, not those that did so President’s request: sets aside a large portion of the funds Budget authority ...... 1,407 ...... 1,407 previously. The competitive advantage Outlays ...... 1,529 ...... 1,529 to be divided equally among the States, these inverters enjoy vis-a-vis every House-passed bill: regardless of need. Many Federal grant Budget authority ...... other U.S. company, therefore remains Outlays ...... (390) ...... (390) programs provide a minimum State undisturbed. Senate-passed bill: funding level to ensure funds reach all EID Budget authority ...... 890 ...... 890 Senator R and I, along with other Outlays ...... 373 ...... 373 areas of the country. But the State of our colleagues, have introduced a minimum formula in this Department Note: Details may not add to totals due to rounding. Totals adjusted for bill that would deny tax benefits to consistency with scorekeeping conventions. of Homeland Security appropriations U.S. companies that invert by con- Prepared by SBC Majority Staff, 9/24/2003. bill, which is taken from the USA Pa- tinuing to treat them as U.S. compa- Mr. NICKLES. Mr. President, the triot Act and sets aside 0.75 percent of nies for tax purposes. This bill would conference agreement on the fiscal the total funds as a base for each not only level the playing field be- year 2004 appropriations bill for the De- State, is unusually high and therefore tween these companies and their U.S. partment of Homeland Security in- inequitable. I will continue to work to competitors, it would also save other cludes funding for the Project Bio- change this formula so that funding is U.S. taxpayers from having to make up shield proposal, a $5.6-billion initiative allocated in an equitable and reason- an estimated $4.9 billion in lost tax proposed in the President’s 2004 budget able manner. revenues over the next 10 years. to develop and purchase counter- I am also disappointed that this bill I hope that we will soon have an op- measures to combat public health does not sufficiently address a problem portunity to act on this legislation in threats. known as ‘‘corporate inversions.’’ As order to address this problem. The appropriation itself is very un- young men and women are putting Mr. NICKLES. Mr. President, today usual, providing 10 years’ worth of dis- their lives on the line for us and our we are considering the conference re- cretionary program funding all at once, country, some corporations have put port to accompany H.R. 2555, the with $890 million for 2004 and essen- profits before patriotism by pretending Homeland Security appropriations bill tially a gigantic $4.7 billion ‘‘advance’’ to reincorporate in Bermuda or some for fiscal year 2004. appropriation to cover the next 9 years. other offshore tax haven to avoid pay- I commend the distinguished chair- Further, this funding is being provided ing their fair share of U.S. taxes. This man and ranking member. They and without authorization, since that bill, process is called corporate inversion. It their staffs need to be congratulated on S. 15, has been blocked from consider- is unfair, it is founded on a deception, successfully reporting and confer- ation in the Senate by a small minor- it mistreats the average American tax- encing the very first Homeland Secu- ity of Senators. payer, and it undercuts U.S. corpora- rity appropriations bill. I am very concerned about appro- tions that do pay their taxes. A com- The pending bill provides $30.2 billion priating this much money for any pur- pany simply set up a shell head- in total budget authority and $31.0 bil- pose without a proper authorization. I quarters in a tax haven, while all the lion in total outlays for fiscal year am equally concerned about protecting benefits of living in America remain, 2004. The Senate bill is $1.4 billion in the integrity of the budget due to the all the benefits we would hope to pro- BA and outlays above the President’s proposal’s unconventional use of ad- vide in this bill—for instance, protec- budget request. vance appropriations authority. It is tion, homeland security, police, fire, The pending bill funds the program of rare to provide 10 years’ worth of ap- port security. They take advantage of the Department of Homeland Security, propriations to a program in one fell all the other services which are pro- including the Bureau of Customs and swoop, and it opens the door to future vided to these particular corporations. Border Protection, the Bureau of Im- ‘‘piggy-banking’’ or redirection of But because a shell headquarters has migration and Customs Enforcement, those funds.

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.056 S24PT1 S11896 CONGRESSIONAL RECORD — SENATE September 24, 2003 My colleagues may remember that estingly, there is no such section under program created to meet the basic day- Congress decided in the 2001 budget res- existing law. to-day needs of our Nation’s fire- olution to begin limiting the use of ad- So why have the appropriators taken fighters. The program uses a competi- vance appropriations since they had be- action to prohibit the implementation tive, merit-based review process to dis- come a way to avoid annual spending of a provision of law that doesn’t exist? tribute funds directly to fire depart- limits. The potential to abuse advance Well, the FAA reauthorization con- ments demonstrating the greatest appropriations for scoring purposes was ference report, which has yet to be need. Grants under this program are never more clearly illustrated that voted on by the full Senate, includes used for improving local response to with the recent consideration of the such a section that we expect will be- ‘‘all-hazards,’’ including wildfires, haz- Labor-HHS appropriations bill in the come law as soon as we can take final ardous materials accidents, tornadoes, Senate, as amendment after amend- action on the bill and send it to the floods, and structural fires, and are not ment altered the timing of advance ap- President for his signature. solely for antiterrorism efforts. propriations and claimed it as an ‘‘off- The FAA reauthorization conference I am greatly concerned about the ef- set.’’ report provision would provide $250 fects of this transfer on the program. Since the potential for redirecting, million per year to airports for capital ODP has little experience at running rescinding, delaying, or accelerating costs associated with security at our merit-based programs, such as the As- the $4.7 billion Bioshield advance ap- Nation’s airports. We received testi- sistance to Firefighters Grant pro- propriation presents too great a temp- mony during our many oversight hear- gram. ODP is focused on tation, the HELP Committee Chairman ings on aviation security that such counterterrorism, and may not have JUDD GREGG is working with me to pre- costs could total almost $5 billion. the experience necessary to understand vent these abuses by creating a new Therefore, the FAA conference report the basic requirements of today’s fire- scorekeeping rule to protect the unique appropriately provides funding for such fighter to deal with non-terrorism re- purpose of this funding. The rule would costs. lated disasters. ensure that any funding for Bioshield Do the appropriators disagree that I understand that the administra- will be spent on that program, or not such funding is needed? Apparently tion’s fiscal year 2004 budget submis- spent at all, by providing that any leg- not, since the DHS conference report sion seeks to transfer this grant pro- actually contains on appropriation of islation changing the availability of gram to ODP. However, changes to the $250 million—exactly the same amount the funds will not be scored for pur- Assistance to Firefighters Grant pro- as the FAA bill—for such costs. So poses of budget enforcement. However, gram should be made after a thorough what is behind the appropriators’ ac- until the authorization bill including review and subsequent legislative tions? our protections is enacted, the budget Given that the DHS conference re- changes by the appropriate authorizing remains at risk. port doesn’t provide an explanation, committees, not as a provision in an Since the President originally re- one can only conclude they want to en- appropriations bill. quested that Bioshield be a mandatory sure complete and total control, as Compared to other appropriations spending program, the 2004 budget reso- usual, even if it means taking action to measures, the conference report and lution did not provide for its consider- nullify a provision not in their jurisdic- Statement of Managers contain fewer ation as a discretionary spending pro- tion and that has not even been en- objectionable provisions and earmarks. gram. Thus, my colleagues should be acted. I would hope future appropriations aware that its inclusion in this bill The funding under the FAA con- measures follow suit. subjects the entire bill to a 60-vote ference report is taken from the rev- Mr. COCHRAN. Mr. President, we point of order. enue collected by the $2.50 security fee have no other Senators who wish to I plan to take whatever steps are nec- imposed on all airline passengers. That speak on the adoption of the con- essary this year, and in next year’s fee was first established by legislation ference report on the Homeland Secu- budget resolution, to ensure that this originating in the Commerce Com- rity appropriations bill. We are pre- program is properly authorized and mittee after the September 11 attacks. pared to proceed to a vote on the con- that the integrity of the budget is pro- The legislation also specified that the ference report. tected. I look forward to working with revenue could be used by the appropri- The PRESIDING OFFICER. The our leader and my fellow committee ators to help pay for the costs of avia- question is on agreeing to the con- chairmen in this regard. tion security. ference report. Mr. MCCAIN. Mr. President, the pri- The FAA conference report simply The conference report was agreed to. mary purposes of the Department of expands the uses of the fee revenue to Mr. COCHRAN. Mr. President, I move Homeland Security, DHS, are to pre- include capital security costs at air- to reconsider the vote by which the vent terrorist attacks within the ports. The report also makes the conference report was agreed to. United States; to reduce America’s vul- money available directly to the Sec- Mr. DURBIN. I move to lay that mo- nerability to terrorism; and, to mini- retary of Homeland Security without tion on the table. mize the damage and recover from at- further appropriation. The motion to lay on the table was tacks that may occur. The fledgling Our Nation’s security, including the agreed to. agency has begun to address many of very important issue of aviation secu- The PRESIDING OFFICER. The Sen- the challenges presented it, including rity, which the Congress has spent con- ator from Mississippi is recognized. the monumental restructuring of 22 do- siderable time and attention address- Mr. COCHRAN. Mr. President, I am mestic Federal agencies. The Appro- ing, should not be jeopardized due to pleased that the Senate has acted fa- priation Committee’s role is to provide needless jurisdictional fights. It is un- vorably on this conference report. Be- the DHS the funds necessary to con- fortunate that such a provision was in- fore we leave the subject, I have to ex- tinue to carry out its important mis- cluded in such an important funding press my appreciation to the members sions. I am pleased that, in this first bill without any consultation with the of the staff of our subcommittee in the homeland security appropriations bill, authorizing committee of jurisdiction. Senate on our side of the aisle who the agency’s priorities were, for the I would hope we could do better for the worked so hard to make this con- most part, placed above the special in- sake of our Nation’s security interests. ference report a reality. This was terests’. In addition, I am concerned about a breaking new ground; there is no prece- The conference report and the accom- provision in the conference report that dent for this bill. This is a historic panying Statement of Managers is rel- would transfer funding for the Assist- event and a lot of hard work went into atively free of objectionable provisions. ance to Firefighters Grant program writing the bill and guiding it to pas- There are, however, a couple of provi- from the Department of Homeland Se- sage on the floor of the Senate and sions that merit the attention of my curity’s Emergency Preparedness and then working out our differences with colleagues. Response Directorate to the Office for the other body. One such provision would prohibit Domestic Preparedness. I am pleased that the Senate has any funds from being used to imple- The Assistance to Firefighters Grant unanimously adopted the conference ment section 44922(h) of title 49. Inter- program is a highly successful Federal report. I especially want to express my

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.005 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11897 appreciation to Rebecca Davies, chief The PRESIDING OFFICER. The When it comes to voting for nomi- clerk of the subcommittee, and to the clerk will call the roll. nees who are off the scales and not rep- other staff members who assisted her The assistant legislative clerk pro- resentative of the values of America, I in the hard work that was done in fur- ceeded to call the roll. am the first one to say it is not right. therance of our efforts to get a bill, in- Mrs. BOXER. Madam President, I ask We have a process in place for the dis- cluding Les Spivey, Rachelle Schroe- unanimous consent that the order for trict courts that I only wish we had for der, Carol Cribbs, James Hayes, and the quorum call be rescinded. the higher courts—the circuit courts— Josh Manley. They all deserve our The PRESIDING OFFICER. Without because it isn’t working that well. But thanks and congratulations for a job objection, it is so ordered. it is working very well in the district well done. f courts. f EXECUTIVE SESSION Again, I urge my colleagues to vote yes on Larry Burns’s nomination, and I UNANIMOUS CONSENT AGREE- hope it will be a unanimous vote. MENT—EXECUTIVE CALENDAR NOMINATION OF LARRY ALAN Mr. LEAHY. Madam President, I am Mr. CAMPBELL. Madam President, BURNS, OF CALIFORNIA, TO BE pleased that we are now turning to the speaking for the leader, as in executive UNITED STATES DISTRICT nomination of Magistrate Judge Larry session, I ask unanimous consent that JUDGE FOR THE SOUTHERN DIS- Alan Burns for the Southern District of at 5:30 p.m. today, the Senate proceed TRICT OF CALIFORNIA California. This well qualified nominee to executive session to consider the fol- The PRESIDING OFFICER. Under is the product of the exemplary bipar- lowing nomination on today’s Execu- the previous order, the Senate will pro- tisan commission that Senators FEIN- tive Calendar: Calendar No. 358, the ceed to the consideration of Executive STEIN and BOXER have worked so hard nomination of Larry Burns to be a U.S. Calendar No. 572, which the clerk will to maintain. It is a testament to their District Judge for the Southern Dis- report. diligence that we have such stellar trict of California. I further ask unani- The legislative clerk read the nomi- nominees heading to California’s fed- mous consent that the Senate proceed nation of Larry Alan Burns, of Cali- eral courts. to a vote on the confirmation of the fornia, to be United States District Judge Burns has been a United States nomination; that following the vote, Judge for the Southern District of Cali- Magistrate for the past six years in the President be immediately notified fornia. San Diego. Prior to becoming a Mag- of the Senate’s action; and that the Mrs. BOXER. Madam President, we istrate, Mr. Burns gained significant Senate then return to legislative ses- are about to have a vote on a judge. I trial experience as a State and federal sion. wanted to take this time, 2 minutes, to criminal prosecutor. Judge Burns has The PRESIDING OFFICER. Is there offer my support for this nominee. I also served as a mentor to disadvan- objection? The Democratic whip. want to say this particular nominee for taged students, assisting them in Mr. REID. Reserving the right to ob- the Southern District Court of Cali- achieving their educational and career ject, and I will not object, this is the fornia, Larry Burns, is very qualified goals. He was honored for his work in 154th judge we have approved. As I re- for this position. He is a native Califor- this area with a Faculty Mentoring call, there are three we have not ap- nian. He is a graduate of Point Loma Award from San Diego State Univer- proved. It is 154 to 3. That is a pretty College and the University of San sity in 1996. In addition, he has taught good record. Diego Law School. legal courses at both the under- I also ask that the unanimous con- I want to emphasize the wide support graduate and graduate school levels at sent request be modified to allow Sen- Judge Burns has from law enforcement several San Diego universities. In light ator BOXER 2 minutes to speak prior to and civil rights organizations. His firm of his remarkable record of public serv- the vote on the nomination of Larry commitment to the law was well re- ice and trial experience, it is not sur- Burns. garded while he was both a Federal and prising that the American Bar Associa- The PRESIDING OFFICER. Does the a State prosecutor. He has developed tion was unanimous in its determina- Senator so modify his unanimous con- an equally respected reputation as a tion that Judge Burns is ‘‘Well-Quali- sent request? judge, due to his character and his fied’’ to be a federal district court Mr. CAMPBELL. I so modify the re- legal expertise. judge. quest. So I believe the Southern District The Southern District of California The PRESIDING OFFICER. Without will benefit greatly from the exem- the busiest federal district in the na- objection, it is so ordered. plary services of Judge Burns. I fully tion. Last Congress, in enacting the Mr. CAMPBELL. Madam President, I support confirmation of this nominee. DOJ Reauthorization legislation, we ask unanimous consent that the order At a time when we have a lot of par- created the seat that Judge Burns is for the quorum call be rescinded. tisan discord, I think it is important to nominated to in an effort to alleviate The PRESIDING OFFICER. Without know that in California, Senator FEIN- their staffing shortage. In light of their objection, it is so ordered. STEIN and I, working with the adminis- demanding caseload and corresponding f tration, have a wonderful process in staffing needs, the Judiciary Com- place by which the two Democrat Sen- mittee expedited nominations to the UNANIMOUS CONSENT ators get three people on a committee Southern District. Judge Burns was AGREEMENT—H.R. 2657 to pass judgment on these nominees nominated on May 1, 2003 and was Mr. CAMPBELL. Madam President, I and the administration appoints three voted out of committee on September ask unanimous consent that when the people. Each nominee for the district 4, 2003. It is unfortunate that Judge Senate proceeds to the consideration of court goes through our process and Burns and another nominee for this the conference report to accompany they are then recommended to the court have been pending on the floor H.R. 2657, it be considered under the President on a majority vote. all month but I am pleased that we are following time limitation: myself, 10 What has happened is we have taken voting on Judge Burns today. The path minutes, Senator DURBIN, 10 minutes, the politics, truly, out of this judicial of his nomination demonstrates that and Senator STEVENS, 10 minutes. selection process. We have come up the fact that the Senate can act expe- I further ask unanimous consent that with mainstream candidates. That is ditiously when we receive well-quali- following the use or yielding back of very important because I believed the fied, consensus nominations on courts time, the conference report be agreed President when he came forward and that need additional judges. to and the motion to reconsider be laid said he was going to govern from the Another consensus nominee for an- on the table, with no intervening ac- center. When he puts forward judicial other vacancy in that district remains tion or debate. nominees who are from the center, who on the Senate executive calendar The PRESIDING OFFICER. Without are not radical, who are not far to the awaiting action. I implore the Senate objection, it is so ordered. right, I am the first one to support Republican leadership to allow a Mr. CAMPBELL. Madam President, I them, and I have supported well over 90 prompt vote on the nomination of suggest the absence of a quorum. percent of them. Dana Makoto Sabraw. I expect that

VerDate jul 14 2003 23:56 Sep 24, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.057 S24PT1 S11898 CONGRESSIONAL RECORD — SENATE September 24, 2003 vote to be unanimously in support, as [Rollcall Vote No. 363 Ex.] Mr. CAMPBELL. Madam President, I well. YEAS—91 am pleased to present the conference Senator FEINSTEIN also deserves Akaka Dayton Lugar report to accompany the legislative much credit for working so hard to cre- Alexander DeWine McCain branch fiscal year 2004 appropriations. Allard Dole McConnell I thank Senator DURBIN and his staff ate these additional judgeships in the Allen Domenici Mikulski for all their help and hard work. He Department of Justice authorization Baucus Dorgan Miller we passed in 2002. These judgeships are Bayh Durbin Murkowski was certainly cooperative in this proc- among those we created for border dis- Bennett Ensign Murray ess. I also thank Chairman STEVENS, Biden Enzi Nelson (FL) tricts that have a massive caseload and Bingaman Feingold chairman of the full Appropriations Nelson (NE) Bond Feinstein Committee, who has been extremely that needed more federal judges. We Nickles Boxer Fitzgerald did what the Republican majority re- Pryor helpful in getting the conference report Breaux Frist to the Senate. fused to do in the years 1995 through Brownback Graham (SC) Reed 2000 when there was a Democratic Bunning Grassley Reid The legislative branch bill totals President, namely, create additional Burns Hagel Roberts $3.549 billion, just 2.5 percent of the fis- Byrd Harkin Rockefeller cal year 2003 level. Highlights of the needed judgeships for the Southern Campbell Hatch Santorum District of California. We did so under Cantwell Hollings Sarbanes bill include funding of $220 million for Senate Democratic leadership with a Carper Hutchison Schumer the Capitol Police for a total of 1,592 Republican President. They have been Chafee Inouye Sessions police officers. In addition, the police Chambliss Jeffords Shelby would have authority to hire 75 civilian available to be filled since July 15. Clinton Johnson Smith personnel to improve administrative The Judiciary Committee held hear- Cochran Kennedy Snowe Coleman Kohl operations and move about 30 officers ings of Magistrate Judge Burns and Stabenow Collins Kyl from desk jobs to field jobs. others just before the August recess Stevens Conrad Landrieu Talent Funding is included for a mounted Cornyn and they were unanimously reported Lautenberg Thomas Corzine Leahy horse unit which will provide enumer- by the Judiciary Committee at our Voinovich Craig Levin able benefits for the police department. first meeting on September 4. That was Warner Crapo Lincoln I understand they are working out an three weeks ago. In addition to the Daschle Lott Wyden agreement with the Park Service to nomination of Dana Makoto Sabraw, NOT VOTING—9 house the horses with the Park Service which is already favorably reported Dodd Gregg Lieberman horses. and on the Senate executive calendar Edwards Inhofe Specter The bill also includes language that Graham (FL) Kerry Sununu awaiting action, two more nominees to will move forward the merger of the Li- two additional vacancies recently cre- The nomination was confirmed. brary of Congress police force with the ated for the Southern District of Cali- The PRESIDING OFFICER. Under U.S. Capitol Police to improve the se- fornia should be considered and re- the previous order, the President will curity of the entire Capitol complex. ported by the Judiciary Committee to- be notified of the Senate’s action. The Architect of the Capitol: Funds morrow. f total $405 million, which includes $47.8 I congratulate the California Sen- LEGISLATIVE SESSION million for the Capitol Visitors Center ators on their outstanding work and so we can finally move forward and fill The PRESIDING OFFICER. Under this nominee and his family on this up that big hole that is outside our the previous order, the Senate will re- confirmation. front door. The Visitors Center project turn to legislative session. Mrs. BOXER. I ask for the yeas and Mr. GRASSLEY. Mr. President, I funding is partially offset by using un- nays on the nomination. suggest the absence of a quorum. obligated prior year funds. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The The Library of Congress: Funds total sufficient second? clerk will call the roll. $528 million for the library with fund- ing going to such important programs There is a sufficient second. The assistant legislative clerk pro- as the veterans history project and the The question is, Will the Senate ad- ceeded to call the roll. Mr. GRASSLEY. Mr. President, I ask audio-visual conservation center being vise and consent to the nomination of unanimous consent that the order for built in Culpeper. Larry Alan Burns, of California, to be the quorum call be rescinded. The Open World Program is funded at United States District Judge for the The PRESIDING OFFICER. Without $13.5 million. This program has been Southern District of California? The objection, it is so ordered. very successful in showing firsthand clerk will call the roll. f democracy and how we lead a country The legislative clerk called the roll. in democratic institutions to emerging LEGISLATIVE BRANCH APPRO- Mr. MCCONNELL. I announce that Russian leaders and has been expanded the Senator from New Hampshire (Mr. PRIATIONS ACT, 2004—CON- to include certain countries of the FERENCE REPORT GREGG), the Senator from Oklahoma former Soviet Union. (Mr. INHOFE), the Senator from Penn- The PRESIDING OFFICER. The Funds are also included for the Gen- sylvania (Mr. SPECTER), and the Sen- clerk will report the conference report eral Accounting Office, the Congres- ator from New Hampshire (Mr. to accompany H.R. 2657. sional Budget Office, and the Govern- SUNUNU) are necessarily absent. The assistant legislative clerk read ment Printing Office, as well as the Mr. REID. I announce that the Sen- as follows: House and Senate. ator from Connecticut (Mr. DODD), the The Committee of Conference on the dis- The supplemental appropriations por- agreeing votes of the two Houses on the Senator from North Carolina (Mr. ED- tion totals $937.6 million in title III of amendments of the Senate to the bill (H.R. this bill for the emergency supple- WARDS), the Senator from Florida (Mr. 2657) making appropriations for the Legisla- GRAHAM), the Senator from Massachu- mental items, such as additional fund- tive Branch for the fiscal year ending Sep- ing for FEMA, which has been doing setts (Mr. KERRY), and the Senator tember 30, 2004, and for other purposes, hav- from Connecticut (Mr. LIEBERMAN) are ing met, have agreed that the House recede such a terrific job facing the number of necessarily absent. from its disagreement to the amendment of natural catastrophes we have had in America this last year. I further announce that, if present the Senate, and agree to the same with an amendment, signed by a majority of the con- The PRESIDING OFFICER. The Sen- and voting, the Senator from Massa- ferees on the part of both Houses. ator from Illinois is recognized. chusetts (Mr. KERRY) would vote The Senate proceeded to consider the Mr. DURBIN. Mr. President, I am ‘‘yea.’’ conference report. happy to have worked with Senator The PRESIDING OFFICER (Mr. (The Conference report is printed in CAMPBELL of Colorado on this fiscal COLEMAN). Are there any other Sen- the House proceedings of the RECORD of year 2004 legislative branch appropria- ators in the Chamber desiring to vote? September 18, 2003.) tions bill. It is a good and fair bill. The result was announced—yeas 91, The PRESIDING OFFICER. The Sen- Considering our limited resources, I nays 0, as follows: ator from Colorado. think it accomplishes many objectives.

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.062 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11899 The bill totals $3.547 billion, which is $48 million for that purpose. It makes think it is a product well worthy of the $27 million below the Senate and $36 certain we are going to maintain our support of all Senators of both political million above the House. The Senate responsibility in seeing this through to parties. portion totals $717 million. its completion. We simply cannot af- I am prepared to yield the floor to The Capitol Police funding totals $220 ford to put the security of those who my colleague from Colorado, if he is million. The Architect of the Capitol visit the Capitol and those who work prepared to say a few words on behalf funding is $405 million, including $47.8 here in jeopardy. Having been here on of the conference report. I suggest the million for the Capitol Visitors Center. September 11, 2001, seeing so many peo- absence of a quorum. The funding for the tunnel from the ple at a loss as to where to turn for The PRESIDING OFFICER (Ms. COL- new Capitol Visitors Center to the Li- safety, I understand we are going to LINS). The clerk will call the roll. brary of Congress is capped at $10 mil- give them the answer—the very best The assistant legislative clerk pro- lion. This is pursuant to an amendment answer—when it comes to security ceeded to call the roll. Mr. CAMPBELL. Madam President, I offered by a conferee, Congressman when they visit one of the most well- ask unanimous consent that the order DAVID OBEY of Wisconsin. known and important buildings in our The Library of Congress total fund- for the quorum call be rescinded. entire Nation. This project deserves to The PRESIDING OFFICER. Without ing is $528 million. The Open World go forward as planned, and it will when Leadership Center is funded at $13.5 objection, it is so ordered. this conference report is adopted for Mr. NICKLES. Mr. President, I take million. I am especially happy to see this legislative branch appropriation. this opportunity to inform the mem- the Visitors Center fully funded. This I also wish to say a few words about bers of this distinguished body about was quite a challenge for Congress but the Capitol Police. After September 11, H.R. 2657, the legislative branch appro- well worth the effort. Beyond every- we spent a lot of time acknowledging priations bill for FY 2004, as reported thing else this center has to offer, secu- the overtime and extraordinary cour- by the Senate Committee on Appro- rity remains the top benefit. age of these men and women who pro- priations. Many of us can still recall vividly tect us every single day. They had to The pending bill provides $3.5 billion September 11, 2001, when in the early change their family lives, their per- in new budget authority and $3.7 bil- morning hours we were forced to evac- sonal lives, and make a career commit- lion in new outlays for FY 2004 to fund uate the Capitol for fear that this ment to all of us who work here, and the operations of the Senate and House building, this symbol of our great they did it. We can never thank them of Representatives; the Architect of country, was under attack. We learned enough for all they have done. Since the Capitol; the U.S. Capitol Police; later from some of the sources avail- then, we have tried to increase staffing and the Library of Congress. With out- able to us that the plane that was as necessary and make certain that lays from prior-years and other com- brought down by the heroic passengers those who were hired—men and pleted actions, the Senate bill totals in Pennsylvania was destined to crash women—met the highest standards of $3.6 billion in budget authority and $3.8 into the U.S. Capitol Building, un- all who have served before them. I am billion in outlays. doubtedly resulting in a lot of innocent happy to say that funding for the Cap- For discretionary spending, which people dying. The heroism of the pas- itol Police totals $220 million. represents the bulk of the funding in sengers and crew on that United Air- The key differences from the bill we this bill, the Senate bill is $73 million lines plane saved our lives, and we are passed include no additional hires of below the subcommittee’s 302(b) alloca- forever grateful to them and their fam- sworn officers until they have a final tion for budget authority, and is at its ilies for their extraordinary feats of strategic plan. One of the other things 302(b) allocation for outlays. The Sen- bravery. we do, though, is really take an impor- ate bill is $312 million in BA and $130 I can recall that day, going down the tant step forward in integrating the se- million in outlays below the Presi- steps of the Senate onto the lawn, and curity force of the Library of Congress dent’s budget request. standing there with thousands of peo- with the Capitol Hill Police. In addition to providing appropria- ple who didn’t know which way to turn. It is going to become, I hope, a seam- tions for FY 2004 for the legislative Elderly tourists came up to me and less security force on Capitol Hill, and branch, the committee-reported bill said: ‘‘Where are we supposed to go, do this is an important step forward. contains various supplemental appro- you know?’’ The obvious answer was We also provide for Library of Con- priations for FY 2003. The FY 2004 con- that there was no place to go. You gress police officers to be hired by the current resolution on the budget, H. could hardly direct those people or the Capitol Police and allow for their Con. Res. 95, established levels for FY visitors and staff and Members working training by police officers in the Cap- 2003 and provided an allocation, pursu- in this Capitol Building to a safe loca- itol Police Department. ant to section 302(a) of the Congres- tion. We also make certain that several sional Budget Act of 1974, to the Com- At the time, it was my honor to serve important projects at the Library of mittee on Appropriations for FY 2003 in as chairman of the Legislative Appro- Congress are well funded: $528 million the joint explanatory statement ac- priations Subcommittee, and I felt at for the Library of Congress. There are companying the resolution, see page that moment that I had to do whatever funds for ‘‘Adventures of the American 130 of H. Rept. 108–71. I could to accelerate the conversation Mind’’ totaling over $8 million. From As a point of information, I would leading to the construction of the Cap- my personal experience, this has been a like to call my colleagues’ attention to itol Visitors Center—a place clearly to very successful project engaging the section 302(c) of the Congressional be designed for security and designed universities and colleges around the Budget Act. Section 302(c) provides to accommodate the needs of the grow- country and in my State of Illinois to that it is not in order to consider a bill ing responsibilities of the U.S. Capitol. discover what we have to offer at the making appropriations for a fiscal year I am happy to report that President Library of Congress. I encourage all until the Committee on Appropriations Bush agreed and the leaders in Con- who are following this debate to go to has made the suballocations required gress came to a similar agreement. And the Web site of the Library of Con- by section 302. It appears that the Com- if anyone has visited Washington since gress, and you will find an amazing mittee on Appropriations has yet to then, they know we have a massive ex- array of opportunities for knowledge file 302(b) allocations for 2003. This cavation taking place outside the Cap- and information. point of order may be waived, or a rul- itol Building, which, over time—a rea- Mr. President, I am prepared to rec- ing of the Chair appealed, with 60 sonable period of time—will be filled ommend to my colleagues when this votes. with an extraordinary engineering feat, conference report comes to the floor With regard to the emergency 2003 a Capitol Visitors Center, which will that they all vote favorably. supplemental funding, the conferees give us security and a lot of the space I thank Drew Willison, Nancy did not fund all elements of the Presi- we dearly need to serve the people of Olkewicz, and Pat Souders of my per- dent’s request, they did not exceed the the country. sonal staff for their very hard work in total amount of his request, as ad- I am glad that this appropriations helping prepare this legislative branch justed for the supplemental FEMA ap- bill, among others, appropriates some appropriations conference report. I propriations already enacted in July.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.074 S24PT1 S11900 CONGRESSIONAL RECORD — SENATE September 24, 2003 I ask unanimous consent that a table of the minority leader or his designee, Federal Trade Commission the clear displaying the Budget Committee scor- and the remaining 30 minutes under authority and the statutory responsi- ing of the bill be printed in the the control of Senator HUTCHISON or bility to establish a national do-not- RECORD. her designee; provided that following call program. In addition, it affirms There being no objection, the mate- morning business the Senate then pro- the finding that the Federal Trade rial was ordered to be printed in the ceed to the consideration of the con- Commission was authorized in the RECORD, as follows: ference report to accompany H.R. 2658, Telemarketing and Consumer Fraud the Defense appropriations bill. and Abuse Prevention Act to imple- H.R. 2657, LEGISLATIVE BRANCH APPORPRIATIONS, 2004: The PRESIDING OFFICER. Without ment and enforce the national do-not- SPENDING COMPARSIONS—CONFERENCE REPORT objection, it is so ordered. call registry. [Fiscal year 2004, in millions of dollars] Last, it specifically ratifies the do- f not-call registry provision of the FTC’s General purpose Mandatory Total PROGRAM telemarketing sales rule. Before I was elected to this august Conference Report: Mr. STEVENS. For the information Budget authority ...... 3,539 109 3,648 of all Senators, tomorrow, following body, I had the great privilege of being Outlays ...... 3,737 109 3,846 the attorney general of my State. I re- Senate 302(b) allocation: morning business the Senate will begin Budget authority ...... 3,612 109 3,721 debate on the Defense appropriations member back in 1998 when I ran for at- Outlays ...... 3,737 109 3,846 torney general of Arkansas, every- 2003 level: conference report for 2004. We do not Budget authority ...... 3,620 104 3,724 anticipate a great deal of debate on where I would go, every little town I Outlays ...... 3,327 103 3,430 would go into, and every time I would President’s request: that important conference report prior Budget authority ...... 3,851 109 3,960 to a vote on its adoption. In addition, talk to a group, whether it was vet- Outlays ...... 3,867 109 3,976 erans or whoever it happened to be, House-passed bill: the Senate will resume consideration Budget authority ...... 3,480 109 3,589 of the DC appropriations bill. Senators senior citizens or townspeople at large, Outlays ...... 3,599 109 3,708 they would tell me: Please, please, if Senate-passed bill: therefore should expect rollcall votes Budget authority ...... 3,575 109 3,648 throughout the day, and Members will you can do anything about tele- Outlays ...... 3,689 109 3,798 be notified when the first vote is sched- marketers calling us at home and both- CONFERENCE REPORT COMPARED TO— ering us and trying to sell us some- Senate 302(b) allocation: uled. Budget authority ...... (73) ...... (73) thing over the telephone, do it. Outlays ...... f I was proud to do that. When I was 2003 level: elected to the office and began serving Budget authority ...... (81) 5 (76) ORDER FOR ADJOURNMENT Outlays ...... 410 6 416 in January of 1999, the first thing I did President’s request: Mr. STEVENS. If there is no further was pull the staff together at the attor- Budget authority ...... (312) ...... (312) business to come before the Senate, I Outlays ...... (130) ...... (130) ney general’s office and write the House-passed bill: ask unanimous consent the Senate State’s do-not-call program. It was Budget authority ...... 59 ...... 59 stand in adjournment under the pre- Outlays ...... 138 ...... 138 very different from the one the Federal Senate-passed bill: vious order, following the remarks to Trade Commission came up with but Budget authority ...... (36) ...... (36) be offered by Senator PRYOR. Outlays ...... 48 ...... 48 both are equally good. They both get to The PRESIDING OFFICER. Without the problem and I think can be very ef- Note: Details may not add to totals due to rounding. Totals adjusted for objection, it is so ordered. consistency with scorekeeping conventions. fective fighting against unwanted tele- Prepared by SBC Majority Staff, 9/24/2003. Mr. STEVENS. I suggest the absence phone calls. of a quorum. Mr. GRASSLEY. Mr. President, I ask Listen, we have all been there. We The PRESIDING OFFICER. The unanimous consent that all time be have all received those calls. We have clerk will call the roll. yielded back. all been eating dinner, trying to put The legislative clerk proceeded to The PRESIDING OFFICER. Without our children down, trying to do home- call the roll. objection, it is so ordered. work, or watching our favorite TV Under the previous order, the con- Mr. PRYOR. Mr. President, I ask show, whatever the situation might be, ference report is agreed to and the mo- unanimous consent the order for the when we have been subjected to these tion to reconsider is laid upon the quorum call be rescinded. unwanted calls. For most people it is table. The PRESIDING OFFICER. Without an inconvenience. They don’t like to be Mr. GRASSLEY. Mr. President, I objection, it is so ordered. bothered. They want us to find a way suggest the absence of a quorum. f to respect the integrity of the privacy The PRESIDING OFFICER. The of their own homes. After all, they are RATIFYING THE DO-NOT-CALL clerk will call the roll. paying the phone bill; they are paying REGISTRY The assistant legislative clerk pro- for the service. They should be able to ceeded to call the roll. Mr. PRYOR. Mr. President, I rise have some control on the amount of Mr. STEVENS. Mr. President, I ask today to support legislation that would calls coming in and to put a stop to unanimous consent the order for the clearly allow the Federal Trade Com- these unwanted calls. Some of the quorum call be rescinded. mission to move forward with its na- phone companies actually offer a serv- The PRESIDING OFFICER. Without tional do-not-call registry. I have sub- ice that blocks calls from people who objection, it is so ordered. mitted an amendment to that effect, block their caller ID. That is another f amendment No. 1786 to the DC appro- subject. That can be fairly expensive priations bill, as well as cosponsored S. for some consumers. It’s not always ex- ORDERS FOR THURSDAY, 1652, a bill to ratify the do-not-call reg- pensive. SEPTEMBER 25, 2003 istry provision of the telemarketing The Federal Trade Commission came Mr. STEVENS. Mr. President, on be- sales rule. As we have heard today, the up with an idea to do this nationwide, half of the leader, I ask unanimous U.S. District Court in Oklahoma issued to do it free, and to do it by use of toll- consent that when the Senate com- a decision that the Federal Trade Com- free numbers and Web sites allowing pletes its business today, it adjourn mission lacked the authority to de- people to sign on. In fact, I signed on in until 9:30 a.m., Thursday, September velop its national do-not-call list. The the first week because one thing I no- 25. I further ask unanimous consent court ruled that, although Congress ap- ticed in Virginia is they do not have that following the prayer and pledge, propriated the funds to the FTC in do-not-call laws, as far as I can tell, the morning hour be deemed expired, order to have the program, it did not and we get bombarded in our home in the Journal of proceedings be approved actually have the language necessary Virginia. Unlike in Arkansas where we to date, the time for the two leaders be to authorize the establishment of the signed up for the AG’s list and we may reserved for their use later in the day, program and the implementation of the get one or two telemarketing calls a and the Senate then begin a period for program. month, in Virginia we get 3 or 4 a day, morning business for 60 minutes, with Today, I rise in support of my pro- and it seems they always try to call at the first 30 minutes under the control posal that would basically give the an inopportune time.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.039 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11901 One thing I noticed, one fact that ap- tiple or discriminatory taxation. Rath- asking for this reform? No, in fact over parently is true, as I understand it, the er, the unprecedented benefits of the 2 million Americans contacted the FCC Federal Trade Commission now has 50 Internet to our society and economy opposing the rule changes. In my of- million phone numbers that have been should be encouraged by policymakers. fice, I received over 1,000 letters from registered under the Federal do-not- I am confident that the Finance Com- Montanans opposing the decision. It call program. Fifty million Americans mittee’s review of this matter will con- seems that the FCC turned a deaf ear can’t be wrong. They want relief. They firm Congress’ intent to permanently to the will of the American public. I want us, as their lawmakers, as their extend the moratorium, and I look for- hear them loud and clear. elected Representatives here in Wash- ward to an expedited and non-con- I support Senator DORGAN’s effort for ington, to do something to stop these troversial review of this matter as a three basic reasons: diversity, localism, calls. member of the committee. and economics. First, if America is to have a vibrant democracy, one where The Federal Trade Commission, to f its credit, and I appreciate them great- our citizens are free to express their NORTHERN KENTUCKY UNIVER- ly for doing this, tried to come to their views and have equal accessibility to SITY’S METROPOLITAN EDU- aid, come to their assistance, to make the news, we as policymakers must CATION AND TRAINING SERV- a national do-not-call registry a re- protect that right. The FCC’s decision ICES PROGRAM ality. allows large corporations that already I think this is something the Nation Mr. MCCONNELL. Mr. President, I have considerable clout over what we is ready for. Fifty million people have rise to pay tribute to Northern Ken- hear and see to further consolidate. The decision allows TV networks to already tried to sign up in the first few tucky University’s Metropolitan Edu- own more stations reaching more weeks after the announcement of the cation and Training Services, METS, Americans. Even worse, these same national do-not-call program. It is program. The ceremony to formally stations could own the local newspaper something we as Members of this body dedicate the METS center is scheduled for this morning in Boone County, KY. in the same market. and as Members of the Congress, of the We as Americans must have access to The rapid rate of economic growth in Federal Government, should try to do diverse news and information. The the Northern Kentucky / Cincinnati to ensure that the people of this coun- FCC’s decision runs contrary to this metropolitan area has created a need try, if they want it, on a voluntary axiom and would allow a few large tele- for better-trained workers. In an at- basis, can have some relief from un- vision stations to reach nearly one-half tempt to address this problem, North- wanted telemarketing calls. of the viewing public. If the UHF dis- Congress mandated that this list be ern Kentucky University has developed count is factored, nearly 90 percent of implemented on a national scale, and an innovative partnership with the Tri- our Nation’s households could be cov- the President signed it into law. The County Economic Development Cor- ered by one entity. Diversity is jeop- legislation I am proposing now clarifies poration, the Northern Kentucky ardized when one company has this our intentions, and I certainly ask my Chamber of Commerce, the Greater much leverage over what we see and colleagues to support the legislation in Cincinnati Chamber of Commerce, and hear. any way they can. I hope we will have Delta Air Lines. The partnership en- Senator DORGAN has pointed out that a vote on this matter in very quick sures that the workforce has the skills localism is being lost to the bottom order. needed to promote the region’s growth. line. I can not agree more. A genera- With that, I suggest the absence of a Businesses that need educational tion ago, Americans sat around the quorum. services or a certain skill-set for its radio and listened to local news. We The PRESIDING OFFICER. The employees can contact METS, who will huddled around the TV to watch our clerk will call the roll. work with Northern Kentucky Univer- local news anchor give us the latest in- The legislative clerk proceeded to sity to design the appropriate cur- formation about our communities. call the roll. riculum. If Northern Kentucky Univer- Today, news and information is being Mr. PRYOR. Mr. President, I ask sity does not offer a particular set of portrayed as local, when, in reality, it unanimous consent that the order for classes, METS arranges for students to is being broadcast to us from hundreds the quorum call be rescinded. take classes at other institutions via or even thousands of miles away. In- The PRESIDING OFFICER. Without the Internet or Tele-conferencing. stead of broadcasting news about our objection, it is so ordered. The opening of this new state-of-the- communities from our communities, f art corporate training center is excit- media companies are broadcasting ing for the region’s business commu- about our communities even though MORNING BUSINESS nity and Northern Kentucky Univer- they are nowhere near us. This is not Mr. PRYOR. Mr. President, I ask sity. I am confident that METS can localism and we should not stand idle unanimous consent that there now be a serve as a model for rapidly growing to this emerging trend. period for morning business. metropolitan communities, and I am This decision has the potential to The PRESIDING OFFICER. Without pleased that this facility is in the Com- cause job loss in Montana. In Montana objection, it is so ordered. monwealth. I ask my colleagues to join we have many ‘‘mom-and-pop’’ news- f me in recognizing the official dedica- papers and television stations. Typi- tion of Northern Kentucky Univer- cally, these companies serve the rural THE INTERNET TAX NON- sity’s METS center. areas of our State and do a tremendous DISCRIMINATION ACT OF 2003 f job reporting about local activities and Mr. FRIST. Mr. President, S. 150, the news. And they are often owned and op- FCC MEDIA OWNERSHIP RULES Internet Tax Non-discrimination Act of erated by local citizens living in the 2003, will be referred to the Finance Mr. BAUCUS. Mr. President, I rise communities they serve. And very Committee for a brief 30-day review. As today in support of Senator DORGAN’s often they are run on a very tight many of my colleagues are aware, this effort to overturn the Federal Commu- budget. The FCC’s ruling jeopardizes consensus legislation was unanimously nication Commission’s media owner- our local stations and newspapers be- approved by a voice vote by the Senate ship rules. I commend Senator DORGAN cause these new larger companies will Commerce Committee on July 31. In on his resolve to work with his col- be able to squeeze these companies out addition, the House passed a similar leagues in a bipartisan manner to bring of the market through advertising rev- measure on September 17. The current forward a commonsense solution to enues with sheer economic clout. With moratorium ends on November 1 and I this pressing issue. additional leverage over the media am committed to acting before it ex- Every 2 years the FCC is required to landscape, these small, rural compa- pires. review its media ownership rules. This nies will find it harder and harder to As the strong bipartisan support of most recent decision to roll back compete and keep their doors open. As these measures indicates, there is a media ownership limitations was the Montana’s senior Senator, I will fight growing consensus that the Internet most sweeping in a generation. Was it to protect our small TV and newspaper should never be singled out for mul- in response to the American people owners.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.078 S24PT1 S11902 CONGRESSIONAL RECORD — SENATE September 24, 2003 While I disagree with a majority of care to its patients as it currently This means that, instead of being di- the FCC’s decision, I would like to does. rectly transferred from an acute care point out for small market broad- When CMS first looked at whether fa- hospital to an IRF, the patient will be casters to survive, they may need the cilities would qualify as an IRF, a list forced into a skilled nursing facility, chance to utilize duopolies and other of criteria was created to determine SNF, and/or outpatient therapy before means to stay in business. And while I eligibility. They current criteria, gen- being eligible for inpatient rehabilita- am concerned about the broad sweep- erally referred to as the 75 percent tion. IRFs would become a setting of ing changes the FCC made, I remain rule, were established in 1984 and have last resort, and patients who might cognizant of the fact that small mar- not been updated since then. To qualify have returned to function after a brief ket broadcasters may potentially need as an IRF under the 75 percent rule, 75 IRF stay will be forced to endure weeks to utilize the very changes we may re- percent of a facility’s patients must be if not months, of therapy in other set- voke today, and I will work with my receiving treatment for one of 10 speci- tings that may be inappropriate before colleagues to find market relief for fied conditions. Because the rule has being admitted to an IRF. these small broadcasters when war- not been updated in almost 20 years, CMS also proposes to lower the ranted. newer rehabilitation specialties are not threshold from 75 percent to 65 percent Over the next several months we will reflected and, therefore, are not count- for a three-year period to give facilities continue to argue the merits of this ed in determining facility compliance time to come into compliance with the issue. However, I will only support any with the 75 percent rule. new criteria. Although this change is legislation that protects diversity, lo- Since the 75 percent rule was imple- an improvement, it simply does not go calism, and Montana’s small busi- mented, IRFs have argued that the list far enough to prevent a significant neg- nesses. of conditions should be expanded to re- ative impact on rehabilitation patients f flect advances in modern rehabilitation and providers. medicine. The need for new rehabilita- RAND data indicate that only about LOCAL LAW ENFORCEMENT ACT tion specialties to treat cardiac, pul- 25 percent of IRFs, at most, could meet OF 2003 monary, cancer, and other conditions a 65-percent threshold under the cur- Mr. SMITH. Mr. President, I rise was not even foreseeable when the 75 rent list of 10 conditions. Since the pro- today to speak about the need for hate percent rule was implemented. Yet posed rule actually narrows the agen- crimes legislation. On May 1, 2003, Sen- CMS has repeatedly refused to update cy’s interpretation of arthritis-related ator KENNEDY and I introduced the the rule—even after implementing a conditions, the percentage of facilities Local Law Enforcement Enhancement payment system that specifically rec- that could comply with the revised list Act, a bill that would add new cat- ognizes many more conditions than the of conditions is probably lower. This egories to current hate crimes law, 10 listed in the 75 percent rule. means that, even under a 65 percent sending a signal that violence of any On September 9, 2003, CMS published standard, at least 75 percent of facili- kind is unacceptable in our society. proposed modifications to the outdated ties will be deemed out of compliance if I would like to describe a terrible 75 percent rule. I commend CMS for CMS finalizes the proposed rule. crime that occurred in Berkeley, CA. recognizing the need to update the reg- The proposed rule glosses over the On May 12, 2003, the victim, a 23-year- ulation. Unfortunately, I believe that negative impact that this dramatic old male Sikh wearing a turban, was the proposed changes do not go far shift will have on patients by assuming assaulted while on an evening walk at enough and may have serious con- that all sites of care are equally effec- the University of California. The sequences for Medicare beneficiaries tive and equally available. But I am attacker, and his two male compan- and other patients who need inpatient very concerned about the impact that ions, started to walk past the victim, rehabilitative care. the proposed rule would have on pa- then yelled, ‘‘Taliban, look out!’’ The On its face, it appears that CMS ex- tients living in rural areas, where al- suspect punched the victim in the nose panded the rule by increasing the num- ternative sites of rehabilitative care then pushed him to the ground. The ber of conditions from 10 to 12 and by may be unavailable or highly inconven- suspect later pulled the victim back to lowering the percentage threshold from ient. Where SNF beds are scarce and his feet and the men left the scene on 75 percent to 65 percent. However, this few home health providers offer phys- foot. ‘‘expansion’’ is illusory. The proposed ical therapy services, these patients I believe that Government’s first rule will, by CMS’s own estimate, re- could be forced to travel long distances duty is to defend its citizens, to defend duce Medicare payments to IRFs by for daily outpatient care in a weakened them against the harms that come out $223 million annually and shift hun- state, risking reinjury and rehos- of hate. The Local Law Enforcement dreds of thousands of patients—both pitalization. Enhancement Act is a symbol that can Medicare and non-Medicare—into al- Because compliance with the pro- become substance. I believe that by ternative care settings that may be in- posed rule will hinge on an IRF’s total passing this legislation and changing appropriate. patient population, not just its Medi- current law, we can change hearts and It is worth noting that Congress gave care population, CMS estimates that minds as well. CMS a directive to implement the re- the proposed rule ‘‘may have an effect’’ f habilitation prospective payment sys- on approximately 200,000 non-Medicare tem in a budget-neutral manner. Yet patients. CMS was not able to quantify CMS’ PROPOSED CHANGES TO THE this rule—without any congressional or describe this effect because of inad- 75 PERCENT RULE directive—seriously cuts rehabilitation equate information. In my opinion, it Mr. NELSON of Nebraska. Mr. Presi- hospital funding. would be irresponsible to implement dent, I would like to express my con- Although CMS expanded the number this rule without further studying its cern with a proposed rule by the Cen- of conditions from 10 to 12, it did so by likely impact on Medicare bene- ters for Medicare and Medicaid Serv- replacing one of the existing condi- ficiaries, non-Medicare patients, reha- ices, CMS, that would threaten the tions—polyarthritis—with three new bilitation providers, and the Medicare ability of rehabilitation hospitals to conditions that collectively are much Program. continue to provide critical care. more narrow than the original condi- The Medicare Payment Advisory In my home State of Nebraska, Ma- tion. CMS acknowledges that the in- Commission, MedPAC, agrees that the donna Rehabilitation Hospital in Lin- dustry historically has understood hip rule needs to be updated. In a July 7, coln is a nationally recognized premier and knee replacement cases to fall 2003, letter to CMS Administration rehabilitation facility that offers spe- within the definition of Tom Scully, MedPAC Chair Glenn cialized programs and services for ‘‘polyarthritis.’’ Unfortunately, CMS Hackburth proposed that CMS lower those who have suffered brain injuries, now proposes to count joint replace- the threshold to 50 percent for at least strokes, spinal cord injuries, and other ment cases only if the patient has a year to enable an expert panel of cli- rehabilitating injuries. If this proposed made no improvement after an ‘‘ag- nicians to reach a consensus on the di- rule goes into effect, Madonna would gressive and sustained course of out- agnoses to be included in the 75 percent not be able to offer the same critical patient therapy.’’ rule.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.068 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11903 I agree with MedPAC and worked Al Bland, USAF Ret. This distin- Such action was long overdue. The del- with Senator JIM JEFFORDS to file an guished veteran of the United States uge of telemarketing sales calls is the amendment to the Labor, Health and Air Force served his country admirably number one consumer complaint in Human Services and Education Appro- for 20 years. His military career in- this country. It is a problem that has priations bill that would have imple- cluded service during World War II, gotten out of control. The average mented MedPAC’s recommendations. where Master Sergeant Bland was or- American receives two to three tele- I decided against offering my amend- dered to beach defense on the Bataan marketing calls per day. I often receive ment for a vote, but I leave open the perimeter. Captured at Bataan in April even more than that. Some estimate possibility of offering the amendment of 1942, Master Sergeant Bland survived that the telemarketing industry is able on another vehicle if CMS does not the Bataan Death March, carrying an- to make 560 calls per second or roughly take appropriate action. I hope that other soldier for most of the journey. 24 million calls per day. No wonder peo- the 75 percent rule can be updated to As a POW, Bland was imprisoned at ple feel like they are under siege in ensure that my constituents and all Camp O’Donnell in the Philippines, their own home. Therefore, we in Con- Americans continue to have access to later on a Japanese Hell Ship and fi- gress acted to ensure that the FTC’s necessary medical rehabilitation serv- nally in Manchuria. He was finally re- ‘‘do not call’’ list became a reality. ices. leased from prison camp in 1945, after Should we need to do more to overcome f three torturous years. As a result of his a court’s objections, we can and shall CONTRACTING OUT IN THE combat, he was 100 percent service re- do it. DEPARTMENT OF INTERIOR lated disabled. Given the enormous response of near- Mr. AKAKA. Mr. President, I rise The list of awards Master Sergeant ly 50 million Americans who have today in strong support of the amend- Bland received for his valiant service signed up in less than 3 months, the ment offered by the Senator from Ne- include the Bronze Star and the Purple ‘‘do not call’’ list is clearly needed. Heart. Upon completing his service, vada, Mr. REID, to prohibit the use of Though I am troubled by the court’s fiscal year 2004 Interior funds to ini- Master Sergeant Bland became a leader decision, we can set the record straight tiate public private competitions at on POW related issues for many years. and authorize the FTC’s action. I urge the Department of the Interior, includ- He was instrumental in establishing quick passage of this legislation, so ing the National Park Service. This the Andersonville National Park and that the ‘‘do not call’’ list can start up amendment takes an important step to was awarded the POW Medal by Presi- as scheduled on October 1, 2003. ensure that vital public services at In- dent Reagan in 1988. I was fortunate terior are not put at risk by the admin- enough to work with Master Sergeant f istration’s aggressive plans to contract Bland and more importantly call him a out Federal jobs. friend. Master Sergeant Bland was a TRANSPORTATION EQUITY ACT As the ranking member of the Na- true patriot and he will be sorely FOR THE 21ST CENTURY tional Parks Subcommittee, I view the missed and by a grateful nation. Mr. SHELBY. Mr. President, I rise administration’s outsourcing policies f as especially harmful to the National today in support of H.R. 3087, the Sur- DO NOT CALL REGISTRY Park Service. I am particularly con- face Transportation Extension Act of cerned that the outsourcing of Park Mr. KOHL. Mr. President, regret- 2003. This bill, which was crafted in a Service jobs could target biologists, tably, a Federal judge in Oklahoma has bi-partisan, bicameral fashion will ex- anthropologists and archaeologists. voided the Federal Trade Commission’s tend the Federal transportation pro- During a Parks Subcommittee hear- national ‘‘do not call’’ list that was set grams for an additional 5 months to ing this summer, Scot McElveen, the to go into effect on October 1. This ac- February 29, 2004. president of the Association of Na- tion frustrates the wishes of more than The Transportation Equity Act for tional Park Rangers testified that cur- 48 million Americans who have signed the 21st Century expires on September rent outsourcing policies seriously up for the ‘‘do not call’’ list. Though a 30 of this year. Legislation is necessary threaten reliable, effective, and effi- judge ruled that the FTC lacked Con- to carry on the essential functions of cient service to the public. gressional authority to create the na- the highway, highway safety, motor Mr. McElveen said the administra- tional list, I strongly disagree and be- carrier safety, transit and other pro- tion’s outsourcing plan is incompatible lieve that Congress explicitly granted grams that are recipients of highway with the Parks Service’s decentralized the Commission both the authority and trust fund money. This bill accom- workforce. Furthermore, he noted that the funding earlier this year to create plishes just that. It funds the programs it would only worsen National Parks’ a ‘‘do not call’’ list. at five-twelfths of the fiscal year 2004 current staffing and budgetary short- Indeed, absent Congressional action, budget conference report level. falls by diverting funds for operations the FTC’s ‘‘do not call’’ list would have H.R. 3087 is a clean reauthorization of and maintenance to contract out jobs. failed to have become a reality this these programs. This bill contains no I agree with Mr. McElveen. I fail to year. I recall discussing the matter new projects and no new programmatic see how outsourcing functions within with FTC Chairman Tim Muris at a changes. It simply extends TEA–21 and the Parks Service will improve their hearing before the Antitrust Sub- current provisions of transportation mission to protect our national parks, committee last September. He asked law. As the chairman of the Banking historic sites, monuments, and other me for help in getting Congressional Committee whose jurisdiction includes treasured places. Park Service employ- authority in order to raise fees nec- the reauthorization of the transit title ees have a strong sense of public serv- essary to implement the ‘‘do not call’’ of TEA–21, I was hopeful that, working ice which cannot be replicated by the list. We were able to grant the Com- with the chairman of the relevant com- private sector. mittee, we would have achieved pas- I believe this amendment takes the mission this authority in the Consoli- sage of a multiyear bill. As funding lev- measures needed to ensure that con- dated Appropriations Resolution which tracting out at the Department of the passed in February of this year. We fur- els and an appropriate source for those Interior does not come at the expense ther authorized the FTC’s initiative in funds have yet to be identified, that of our National Parks. the Do-Not-Call Implementation Act proved to be impossible. The Reid amendment is identical to on March 11, 2003. While I am not overly confident that language included in H.R. 2691, the These actions more than authorized 5 months of negotiating will resolve House Interior Appropriations bill. I the FTC’s ‘‘do not call’’ list, in my this problem, I support this piece of urge my colleagues to support this view. That said, this bill will make it legislation. I believe it is essential that amendment. crystal clear that Congress endorses, we continue to authorize our Nation’s highway and transit infrastructure. I f supports, and authorizes the FTC to create a national ‘‘do not call’’ reg- think this necessary stop-gap measure HONORING OUR ARMED FORCES istry. is the way to achieve that. I rec- Mr. MCCAIN. Mr. President, I was re- I commend the FTC’s hard work to ommend the bill to my colleagues and cently informed of the passing of MSG create a national ‘‘do not call’’ list. ask for their support.

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.041 S24PT1 S11904 CONGRESSIONAL RECORD — SENATE September 24, 2003 ADDITIONAL STATEMENTS itself was finally taken away this sum- illness. But he’s being treated at MUSC in mer by the Army Corps via a tem- Charleston, where, he says, the Hollings On- porary land bridge, as part of the wet- cology Center is a terrific asset for the state. A self-described ‘‘old politician,’’ West is HONORING JUDY HADLEY OF land restoration project that I men- LINCOLN, RI ∑ pleased to remember the days when his be- tioned earlier. liefs were considered shocking by some. ‘‘In ∑ Mr. CHAFEE. Mr. President, I would f the election of 1970, I probably wouldn’t have like to share with my colleagues a IN TRIBUTE TO JOHN CARL WEST been elected without the black vote,’’ West story demonstrating one person’s abil- says. ‘‘The fact that we had relegated a large ity to protect the environment from ∑ Mr. HOLLINGS. Mr. President, John percentage of our people to service jobs, to the threat of pollution, for the benefit Carl West was the smartest in our class limited education, limited opportunity, was of wildlife and human enjoyment, of 1942 at The Citadel. I will never for- just not smart. I felt that if we could unleash alike. get in the political science course COL that potential, it would be a great boon for Thirty years after the passage of the Carl Coleman would pass around Time South Carolina. I like to think I was right about that.’’ Clean Water act, the Blackstone river magazine’s current accounts test. John For today’s Democratic candidates, at- has shaken off a legacy of neglect and was the only one who knew all the an- tracting the black vote is necessity and re-emerged as a vital community asset. swers each time and he was long on norm. In West’s heyday, it was ‘‘almost revo- The water quality has improved, a common sense to go along with his lutionary,’’ he says. bikeway is under construction, and brilliance. Former President Carter and West became mill buildings are being restored as At a later time I want to detail his friends when both were governors, Carter in apartments and condominiums. The contributions to our State and Nation, Georgia. Carter calls West a trailblazer in but the article in The State newspaper race relations. ‘‘He was and has always re- National Park Service is promoting a mained way ahead of his time, not only in new appreciation for the work and cul- in Columbia, SC, appearing on Sep- race relations, but also in a deep commit- ture of the families who have made the tember 21, has a pretty good summary ment to make sure that every citizen of Blackstone Valley their home. And of it. I that it be printed in the RECORD. South Carolina was given an opportunity for just last week, I joined the Army Corps The article follows. good education and health care,’’ Carter of Engineers in celebrating the restora- [From the State, Sept. 21, 2003] says. ‘‘His heart was in the right place and tion of wetlands in a floodplain that WAY AHEAD OF HIS TIME still is.’’ had been paved over for 50 years. So (By Aaron Gould Sheinin) WEST ‘‘BELIEVED STRONGLY IN GOOD’’ there is a great deal of activity on the HILTON HEAD ISLAND.—At 81, former Gov. In his 1971 inaugural address, West said banks of the Blackstone. John West is no lion in winter, no aged war- South Carolina must ‘‘in the next four years While the federal government has rior. He is, as he’s always been, a dove. eliminate from our Government any vestige Battling cancer, West goes to his Hilton of discrimination.’’ Sitting in the crowd at been a major player in the river’s re- the State House was newly minted state Rep. birth, none of these exciting develop- Head Island law office each morning. He still wears a tie and his trademark horn-rimmed I.S. Leevy Johnson of Columbia, one of three ments would have been possible with- glasses. African Americans elected that November to out the personal commitment of Black- Nearly 33 years after South Carolinians an- the House, the first blacks to serve since Re- stone Valley residents. It is their hard swered his campaign call to ‘‘elect a good construction. West ‘‘changed the course of work and, more importantly, their man governor,’’ several projects are under South Carolina history’’ when it came to re- heightened vigilance and renewed sense way to ensure that West’s legacy endures. lations between blacks and whites, Johnson of ownership of the river, that have That legacy will center on his progressive says. ‘‘People recognized him as a person stands on race. who believed strongly in good.’’ helped it to thrive. Clyburn believes he should have been in Once such resident is Judy Hadley of ‘‘My whole ambition and my whole thrust was to first get the state’s racial relation- the crowd that day, too, as the fourth black Lincoln, RI—a town of about 21,000 peo- ship in better order,’’ West says from his law House member. But the future congressman ple, located on the Blackstone River. office conference room, an expanse of salt- went to bed on election night believing he As the chair of the Lincoln Land Trust, water marsh visible beyond a wall of win- had won by 5,000 votes, only to wake up the Judy is a staunch defender of her dows. next morning and be told that a counting town’s remaining open spaces and a A biography is in the works, and, at USC, error had been discovered. He’d lost by 5,000 passionate advocate on behalf of the an oral history and archive are complete. votes. When West asked him a week after the Blackstone. She is active a number of Also, a new program, called the West Forum, will perpetuate the Kershaw County native’s election to come to Columbia and work for other local organizations, including the interest in state government and policy. him, Clyburn was reluctant. ‘‘I told him,’’ Friends of the Blackstone River, the As state senator, lieutenant governor and Clyburn remembers, ‘‘that I didn’t think it Blackstone River Watershed Council, governor, West was out front on improving would be a good fit. I thought my politics and the Lincoln Tree and trail Com- race relations when doing so meant you and and his may not have been suited for each mission. She has organized river clean- your family got death threats from the Ku other.’’ But West ‘‘looked at me and said ups and educated her fellow residents Klux Klan leader who lived less than a mile something I’ve never forgotten. He said, ‘If I about the impact that stormwater has from your home. He also was out front on had your talent and I was black, I’d be more militant than you are.’ And so I went to on the Blackstone and its wildlife pop- race relations in South Carolina when that meant you did not win elections. work for him.’’ ulation. And yet West did. After two years on the governor’s senior For many years, a 60-ton excavator West, who once carried a pistol for protec- staff, West appointed Clyburn to lead the sat abandoned on a manmade island in tion, helped carry the state out of segrega- Human Affairs Commission, the first state the river—a relic of an old gravel min- tion. He created the state Human Affairs agency charged with fighting discrimination ing operation. It was an eyesore and a Commission and appointed Jim Clyburn to in employment, housing and public accom- potential environment hazard. Two be the first black senior gubernatorial aide. modations. Twenty years later, Clyburn be- years ago, Judy Hadley went to work: He fought for better health care for all, for came the state’s first black congressman increasing teacher pay and stabilizing the since Reconstruction. canvassing State and Federal authori- education system. ‘‘JUST A SENSE OF RIGHT AND WRONG’’ ties, trying to find the best solution for West vetoed a capital punishment bill be- this problem. No agency seemed to Through the turbulent 1950s, ’60s and early cause, he said then, ‘‘I do not believe man ’70s, West was the rare politician for whom have the right equipment or the re- has the right to take a life that only God can race had not been anathema. ‘‘I had worked sources to handle such an unusual re- create.’’ For a state still escaping the with blacks all my life,’’ West says. ‘‘I had quest, but Judy persisted. If she could scourge of lynchings, West’s actions spoke plowed fields with them, went through the have dismantled it herself and taken it volumes to blacks, African-American leaders Depression with them. I had no hatred of away piece by piece, I think she would say. The Legislature, however, overrode the blacks. I guess it was just a sense of right veto. have. and wrong.’’ Later, West was U.S. ambassador to Saudi It was that sense that led him to cross Fortunately, Mr. President, it did Arabia under President Jimmy Carter, not come to that. Last year, the Rhode paths with the Klan. In the 1950s, when West choosing the posting over more pleasant was in the Senate, the doomed segregationist Island Department of Environmental locales. mantra of ‘‘separate but equal’’ was still the Management removed more than 300 SAW ENORMOUS POTENTIAL IN BLACKS law in South Carolina. gallons of diesel fuel and other fluids Now, West has a new fight, against cancer. The band at the white high school in Cam- from the machinery. The excavator Kind and polite, he declines to talk about his den was accomplished and decorated. The

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.048 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11905 band at the nearby black high school was closest advisers was Crawford Cook, a local boys and girls, and enhancing the lives not. So the white band teacher offered to Democratic activist still on the state’s polit- of well over a million youth through help the black band improve. He was beaten ical scene. They needed a slogan, Cook re- the Boys Town program and Teaching nearly to death by the Klan, West says. members. Family homes around the Nation. When the Kershaw County sheriff didn’t They tried several. seem too concerned, West approached J.P. Then someone suggested ‘‘probably the Dr. Wolf’s life and career have truly ‘‘Pete’’ Strom, legendary director of the most appropriate slogan we ever put to- embodied the belief that the meaning State Law Enforcement Division. gether,’’ Cook said: ‘‘Elect a Good Man Gov- of a good and worthwhile life is to give Strom’s agents bugged a Klan hideout and ernor.’’ Former Gov. Dick Riley, a West rather than receive. No one has given within a week had made arrests. When a friend and supporter, says history books un- more of their talents and time. To his grand jury refused to indict the Klan leaders, doubtedly will say South Carolina did just colleagues, consumers, and champions West eventually worked against the Klan in that in 1970.∑ a related civil suit. ‘‘The Ku Klux Klan of children everywhere, he is a true threatened my life, ran my wife off the f hero.∑ road,’’ West said. ‘‘There were some ques- HONORING DR. TODD PALMER f tions there for a while of who was going to win, between me and the Klan.’’ ∑ Mr. HARKIN. Mr. President, today I HONORING OUR ARMED FORCES West’s wife, Lois, also was not one to be in- come to the floor to pay tribute to Dr. ∑ Mr. LIEBERMAN. Mr. President, one timidated. ‘‘She was known as a crack shot,’’ Todd Risley of Palmer, AR on the occa- of the most solemn duties that any West says, emotion choking his words as he sion of his retirement. Senator has is the memorializing of a remembers his wife’s brave actions at the I recall meeting with him a number constituent who has fallen in the line time. ‘‘She sent word to the grand dragon of years ago regarding his book ‘‘Mean- that if anything happened to me, don’t worry of duty in a far-away land. This is the about the grand jury—she was going to kill ingful Differences’’ which taught us fifth time I stand to do so, and on each him.’’ profound lessons about the processes occasion I am reminded of the remark- HELPED EASE RACIAL TENSIONS by which children learn language. This able character and quality of this gen- In 1966, West was elected lieutenant gov- seminal effort is a part of his lifetime eration of Americans; I would hope ernor. of work that has improved knowledge that their supreme sacrifice is noticed In 1970, he ran for governor against Albert and practice across a broad spectrum of and remembered by their fellow citi- Watson, the state’s first Republican con- issues in human development, espe- zens. But all too often the din of daily gressman since Reconstruction. Watson had cially for individuals with develop- life in the 21st century threatens to the backing of two top Republicans—U.S. mental disabilities. Sen. Strom Thurmond and President Richard drown out the news of the steady Nixon, who ‘‘campaigned harder for my oppo- Whether by developing innovative stream of allied casualties in Iraq. It is nent than my opponent did,’’ West says. educational methods such as incidental our duty to make sure that the rolls of Watson spoke against forced integration of teaching and correspondence training, the dead and wounded are read aloud: schools. Days before the vote, he rallied a or by designing major paradigm shifts read, heard, and honored. group in Darlington County upset over and system changes in strategies for Therefore, Mr. President, I wish court-ordered busing. Soon after, a group of delivering services, his remarkable vi- whites overturned two buses of black chil- today to fulfill a sacred obligation, and dren in what became known as the Lamar sion and prodigious research and writ- to honor United States Army Sergeant riot. Several children were injured and more ing have literally revolutionized the David Travis Friedrich, of the 325th than two dozen arrests were made. process and outcome of supporting peo- Military Intelligence Battalion out of In the 1970 election, West won nearly 54 ple who challenge our knowledge and Waterbury, CT. percent of the vote as African-Americans resources. Sergeant Friedrich was killed when went to the polls in record numbers. Just As a pioneer in the field of applied mortar fire struck the base he was sta- days later, Thurmond hired Tom Moss, the behavior analysis and through his dec- first black aide to work for a Southern U.S. tioned at near the Abu Ghraid prison senator. The segregationist Thurmond began ades of contributions since, he will al- to the west of Baghdad. He died a true his conversion then into a racial moderate, ways be remembered as a scientist with soldier; he died at his post. West says, and ‘‘saw the light with that elec- a soul.∑ Sergeant Friedrich was raised in up- tion.’’ f state New York, he attended Brockport One biographer wrote ‘‘when John West en- State University, and he was accepted tered office, racial tensions had never been HONORING DR. MONTROSE WOLF into the forensics studies program at higher. By the end of his term, relations be- ∑ Mr. HARKIN. Mr. President, I am tween blacks and whites had never been bet- the University of New Haven in the ter.’’ pleased to honor Dr. Montrose Wolf of Spring 2000. But while the Sergeant IT’S A PEOPLE GAME Lawrence, KS. was a New Yorker by birth, his studies About the time West was leaving office in I share in the celebration of his re- and work in Connecticut and his role in 1975, Carter was running for president. markable career, one that has been sin- a Connecticut Battalion, the 325th to ‘‘There were 49 other governors,’’ Carter gularly dedicated to the betterment of be precise, makes him an honorary son says, ‘‘and John West was my favorite of others, particularly children who have of our State. all.’’ challenged our educational and clinical It is a sad thing indeed for parents to Carter thought so highly of West that he knowledge and services. bury their child, and I imagine that offered him an ambassadorship. He was told Dr. Wolf is universally acknowledged to pick a country where ‘‘the living was few words of solace spoken in this nice,’’ West remembers. Instead, he chose as a founder of the field of applied be- Chamber by the representatives of New Saudi Arabia. The Middle East was just havior analysis, its principles and its York and Connecticut will penetrate three years removed from the bloody war be- practices. As the creator of its premier the shroud of grief that must surround tween Israel and its Arab neighbors. West journal and author of its most defini- the Sergeant’s family. With that in wanted to be of use. tive articles, he disseminated this bur- mind, however, I say this: know that as ‘‘People ask me how did I get along as well geoning science to professionals who as I seemed to’’ in Saudi Arabia, West says. you grieve, a grateful Nation grieves ‘‘I told them that the Saudis’ religion was theretofore were resigned to study with you. You are not alone in this different, government was different, lan- human behavior in laboratory settings time of sorrow, and your son’s sacrifice guage, of course, was different. only. Of equal importance, his dem- will never be forgotten.∑ ‘‘Politics was amazingly like South Caro- onstrations of the power of these prin- f lina. It’s a people game.’’ Whatever it was, ciples and methods in effecting signifi- Carter says, West had it down. ‘‘That was the cant positive outcomes in people with NATIVE AMERICAN BUSINESS- most challenging place in the world then,’’ real challenges set the stage for all WOMAN OF THE YEAR, KARLENE says Carter, who negotiated peace between that followed in the educational and HUNTER Israel and Egypt. ‘‘The Saudis were a great ∑ potential problem for us,’’ he says, ‘‘but be- clinical practices in widespread use Mr. JOHNSON. Mr. President, I wish cause of John’s unprecedented good relations today. to publicly congratulate Karlene with the Saudi leaders, it was not.’’ Among many other notable contribu- Hunter, of Kyle, SD, for receiving the A GOOD MAN GOVERNOR tions, Dr. Wolf’s Teaching Family Native American Businesswoman of When West was still on the 1970 model revolutionized systems and sup- the Year award at the National Indian gubernational campaign trail, one of his ports for disabled, troubled and at-risk Business Association Conference.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.061 S24PT1 S11906 CONGRESSIONAL RECORD — SENATE September 24, 2003 Karlene Hunter understands what at Fayetteville, will celebrate 100 years of torture is not to kill the victim, but many business owners have learned: of sisterhood from September 26–28 on to break down the victim’s personality. owning a business requires talent, the campus of the University of Arkan- Crippled, traumatized, and humiliated, know-how, and a lot of hard work and sas at Fayetteville. The Centennial the victims are returned to their com- perseverance. Karlene saw a need in Celebration is expected to bring many munities as a warning to others. her community and started Lakota Ex- Epsilon alumnae back to the campus, That are an estimated 500,000 torture press, Inc., the only direct marketing including Amber Elbert, a member of survivors in the United States alone— and telemarketing company in the my staff and 1998 Epsilon initiate. refugees and asylum-seekers who have United States that is Indian-owned and The Epsilon Chapter is unique in fled repressive regimes. And in recent operated. Lakota Express, Inc., em- many ways. It is the first chapter in years, there has been a dramatic in- ploys trained professionals that have Zeta Tau Alpha history to reach a cen- crease in the number of victims of tor- exceptional marketing skills. Because tennial mark and the first chapter ture seeking help at U.S. rehabilitation the company has provided tele- founded west of the Mississippi River. centers. marketing and direct mailing services Epsilon was also the very first chapter The IRCT has been a vital part of the for various organizations, it has an im- to be announced through the frater- global effort to aid torture victims. pressive track record of success. nity’s official magazine, ‘‘Themis.’’ The Council began with a group of four Lakota Express, Inc., has become a The first pictures ever used in doctors in Denmark who responded to a valued member of the Pine Ridge com- ‘‘Themis’’ were those of Epsilon, its call by Amnesty International in 1973 munity and is truly a South Dakota chapter room and the University of Ar- to help diagnose torture victims. success story. For the past 5 years, kansas. The University of Arkansas Today the IRCT is a global network of Karlene has worked as CEO of Lakota students who founded the chapter in 200 rehabilitation centers operating in Express, and has followed her dream of 1903 were Elizabeth Kell Rose, Hattie 80 countries to meet the needs of some building a small business run out of her Williams, Margaret Hutcherson, Grace 100,000 victims of torture each year. basement into the company that has Jordan, Bess Byrnes, Della McMillan IRCT’s mission is to support and pro- raised $10 million to fund the Oglala and Mabel Sutton. mote the rehabilitation of victims of Lakota College’s first public library, as The mission of Zeta Tau Alpha is to torture, to advocate for the prevention well as 10 college centers across the make a difference in the lives of its and eradication of torture worldwide, Pine Ridge Indian Reservation in membership by developing the poten- and to provide documentation and re- South Dakota. Karlene and Lakota Ex- tial of each individual through vision- search that will ultimately bring per- press have also worked to build the ary programming, which emphasizes petrators to justice. Minnesota is home to the Center for first independent Indian-owned public leadership development, service to oth- Victims of Torture, CVT, the first com- radio station. ers, academic success and continued prehensive torture treatment center in Lakota Express’ mission is to operate personal growth for women with a com- this country—and third such facility in a business that creates economic op- mitment to friendship and the future the world. The CVT helped establish portunities for the Lakota Nation and based on the values and traditions of National Consortium of Torture Treat- participates in social, educational, and our past. Having been actively involved ment Programs, under which the 34 political issues that empower the peo- with Chi Omega Fraternity as both a torture rehabilitation centers and pro- ple and protect the earth. I would like collegiate member and an alumna, I grams in the United States operate. As to take this opportunity to acknowl- have witnessed firsthand the lifelong mayor of St. Paul I worked together edge the staff of Lakota Express, Inc., benefit that can come from member- with the CVT to build a torture treat- who have helped Karlene achieve this ship in a Greek organization, such as ment center on the east side of the remarkable accomplishment; Mark Zeta Tau Alpha. metro area. Tilsen, Betty Brave, Theresa Zottola, On behalf of all Arkansans, I would The work of IRCT and the U.S. tor- Jim Head, Stephanie Sorbel, Nick like to extend congratulations to the ture treatment programs is all the Tilsen, April Rosales, Nicole Pourier, Epsilon Chapter of Zeta Tau Alpha more relevant given pending legisla- Mary Under Baggage, and Marlene Fraternity for 100 years of excellence tion. I am proud to be the chief Senate Mesteth. I know that all these individ- and enriching the lives of its members author of the Torture Victims Relief ∑ uals and countless others, who have from Arkansas and across the Nation. Act, TVRA, of 2003, which will enable contributed richly to the company’s f the U.S. to continue its leadership in many achievements, take great pride COMMENDING WORK TO AID caring for victims of torture. This re- in the personal and collective accom- VICTIMS OF TORTURE authorization of the TVRA is included plishments that are recognized through as an amendment to the fiscal year 2004 ∑ Mr. COLEMAN. Mr. President, I wish this honor. Foreign Relations authorization bill, It is with great appreciation that I to acknowledge the important work and I look forward to the passage of join with the community, the employ- that is being done to aid victims of tor- this bill. ees, the customers, and the many peo- ture, in particular the work of the Once again, I commend the IRCT for ple who interact with the company, in International Rehabilitation Council their tireless work on behalf of torture congratulating Karlene Hunter on her for Torture Victims, IRCT. IRCT will victims in the U.S. and around the years of service and success. I wish be honored in a ceremony today, in world.∑ New York City, where the Dalai Lama Lakota Express, Inc., enduring good f fortune and prosperity in their contin- will present them with the Conrad N. ued pursuit of excellence.∑ Hilton Humanitarian Prize. TRIBUTE TO VICE ADMIRAL JOHN TOTUSHEK f Torture is a sophisticated form of so- cial and political control designed to ∑ Mr. COLEMAN. Mr. President, I am EPSILON CHAPTER OF ZETA TAU stifle dissent through terror. It vio- pleased to congratulate VADM John B. ALPHA FRATERNITY AT UNIVER- lates the basic rights of human beings Totushek upon the completion of his SITY OF ARKANSAS, FAYETTE- and is contrary to the principles of the career of service in the United States VILLE U.S. Constitution and the fundamental Navy and Naval Reserve. Throughout ∑ Mrs. LINCOLN. Mr. President, I wish nature of our republic. his 36-year military career, Vice Admi- to recognize the Epsilon Chapter of Freedom from torture is a universal ral Totushek served with distinction Zeta Tau Alpha Fraternity at the Uni- and fundamental human right. Yet tor- and dedication, ultimately becoming versity of Arkansas at Fayetteville. ture continues to take place in more the first Naval Reservist Commander Zeta Tau Alpha Fraternity was found- than 120 countries. It is estimated that of the Naval Reserve Force to wear ed on October 15, 1898, by nine women one-third of the world’s 12 million refu- three stars, achieving the rank of Vice at the State Female Normal School in gees are victims of torture. Politicians, Admiral. Farmville, VA. The Epsilon Chapter of journalists, teachers, students, reli- Vice Admiral John B. Totushek is Zeta Tau Alpha, founded on December gious leaders, trade union and human native of Minneapolis, MN. A 1966 grad- 18, 1903, at the University of Arkansas rights activists are all targets. The aim uate of the University of Minnesota, he

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.058 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11907 earned his commission through a Navy tagon to start his third career, I call versary of the founding of Motorola, ROTC scholarship and was designated a upon my colleagues to wish John and Inc., which has been a significant icon pilot upon completion of flight train- his family every success, and the tradi- in the history of America’s heritage of ing in June 1968. tional Navy ‘‘fair winds and following innovation, while continually finding Vice Admiral Totushek began his seas.’’∑ new ways to make things simpler, Naval Aviation career in 1969 flying the f smarter, safer, synchronized, and fun. F–4 Phantom with Fighter Squadron 41 On September 25, 1928, Paul V. Galvin based at Naval Air Station Oceana, VA. THE DEATH OF MORRIS ‘‘MOE’’ and his brother, Joseph E. Galvin, He continued his career as an F–4 in- BILLER opened the Galvin Manufacturing Cor- structor pilot and Landing Signal Offi- ∑ Mr. LIEBERMAN. Mr. President, it poration at 847 West Harrison Street, cer with Fighter Squadron 101, also saddens me to note the recent passing in Chicago, Illinois, with assets of based at Naval Air Station Oceana. In of an old friend, Moe Biller. Moe was, $1,315. Galvin Manufacturing Corpora- November 1973, he resigned his regular until 2001, the long-time president of tion entered the electronics industry as commission and accepted a commission the American Postal Workers Union, a manufacturer of household battery in the Naval Reserve. During the next and a tireless advocate for the postal eliminators and grew steadily through- 24 years, Vice Admiral Totushek served employees he worked with and rep- out the 1930s and 1940s, introducing a in numerous capacities with the Naval resented. wide variety of devices to the elec- Reserve and several civilian compa- I met Moe through my first Senate tronics market. nies. chief of staff, Michael Lewan, who was In 1930, Galvin Manufacturing Cor- As a Reservist, he served as com- a long-time friend of Moe’s from his poration introduced the first practical, manding officer of three Virginia-based days as a local union official in New affordable and commercially successful air-combat training squadrons, includ- York. Michael invited him to attend car radio, and founder Paul V. Galvin ing Squadron Reinforcement Unit VC– my Senate swearing-in ceremony, and created the brand name ‘‘Motorola,’’ 1006, Squadron Reinforcement Unit VC– we hit it off immediately. linking the ideas of ‘‘motion’’ and 686, and Fighter Composite Squadron Moe was one of a kind—some would ‘‘sound.’’ In 1936, the Police Cruiser VC–12. He served as commanding offi- say the last of the breed of old time radio receiver was Galvin Manufac- cer of several Atlantic Fleet air sup- labor leaders. He was passionate about turing Corporation’s first entry into port commands, including Naval Air the causes he believed in, but always the new field of mobile radio commu- Atlantic 1086 and Naval Air Forces remained just a ‘‘regular guy.’’ It’s fair nications, and in 1937, Galvin Manufac- Eastern Atlantic. to say that Moe was a pioneer who cre- turing Corporation entered the home As his Reserve career advanced, he ated the modern labor movement for entertainment business with a line of served in several senior strategic and Federal and postal employees. Surely phonographs and table and console ra- management positions within the he paved the way for the establishment dios. Navy, including command of the Atlan- of those employees’ rights—postal Galvin Manufacturing Corporation tic Fleet’s Logistics Task Force and workers, in particular, had little clout also made significant contributions to the Naval Reserve Readiness Command until Moe came along. our Nation’s efforts during World War Region Eight. Upon successful comple- He began his career as a substitute II. In 1940, Galvin Manufacturing Cor- tion of these command tours, he served postal clerk in 1937 on Manhattan’s poration developed the Handie-Talkie on the staff of the Chief of Naval Oper- Lower East Side, earning 65 cents an SCR536 radio, a handheld two-way ations as the Deputy Director for hour with no vacation benefits or sick radio, and provided more than 100,000 Naval Air Warfare, Reserve Programs, pay. His success in negotiating a sick units of this crucial communications In early 1997, Vice Admiral Totushek leave benefit for his fellow workers led tool to the Allied Forces. In 1941, com- was asked to return to active duty to to the beginning of his rise through the pany founder Paul V. Galvin was elect- lead the Navy’s environmental, safety ranks of the union hierarchy, which ed president of the Radio Manufactur- and occupational health programs. He culminated in his election as President ers Association, where he helped lead then was selected as Commander, of the national union in 1980. the radio industry’s war efforts in the Naval Reserve Force on October 17, However, his national reputation as a United States. Also in 1941, Galvin 1998. His duties include command of fiery, but effective, leader was solidi- Manufacturing Corporation introduced 88,000 Naval Reservists and 181 nation- fied a decade earlier in 1970, when his its first commercial line of FM two- wide Reserve facilities. Vice Admiral efforts encouraged Congress to pass the way radio systems and equipment, in- Totushek also represents the Naval Re- landmark legislation that created to- stalling its first FM system in Phila- serve before Congress as Chief of Naval day’s United States Postal Service, the delphia, Pennsylvania. In 1942, Galvin Reserve, and on the staff of the Chief of Postal Reorganization Act of 1970. Manufacturing Corporation helped or- Naval Operations as Director, Naval Among the important changes insti- ganize and lead the procurement and Reserve. He was promoted to vice ad- tuted by this law was the right postal production of quartz radio crystals, miral on 24 May 2001, becoming the workers received to engage in collec- eventually subcontracting production first Naval Reservist three-star admi- tive bargaining over pay, benefits, and to more than 50 crystal manufacturers ral in history to lead the Naval Re- working conditions. who, with Galvin Manufacturing Cor- serve. In addition to his vital work to im- poration, supplied more than 35 million During his tenure, Naval Reserve prove wages and working conditions for radio crystals to the U.S. War Depart- Forces were mobilized three times: the postal workers, Moe was an active sup- ment during World War II. Later in Kosovo Campaign in 1999, Operation porter of civil rights and women’s 1942, Galvin Manufacturing Corpora- Noble Eagle in 2001 and Operation Iraqi rights. He also gave generously of his tion received the first of five U.S. Freedom in 2003. Under his leadership, time, serving on numerous trade, char- Army-Navy ‘‘E’’ Awards for excellence Naval Reservists served with great itable, and civic organization boards, in production achievements during honor, dedication and sacrifice during including the Muscular Dystrophy As- World War II, the first ever awarded to the global war on terrorism, in war sociation and the United Way Inter- a radio manufacturer. zones in Afghanistan and Iraq, and here national. In 1943, Galvin Manufacturing offered at home as part of the homeland de- Moe will be sorely missed by all of its first sale of public stock, and in fense network. those who knew him, but I know that 1947, Galvin Manufacturing Corpora- His family and fellow shipmates can his achievements and his work will live tion changed its name to Motorola, be proud of his service. Vice Admiral on.∑ Inc. Motorola continued to be an inno- Totushek, his wife Jan, and children f vator, by introducing technologies Courtney and Chris have made many which have significantly impacted sacrifices during his Naval and civilian 75TH ANNIVERSARY OF Americans’ lives. In 1947, Motorola’s careers, and we appreciate their con- MOTOROLA’S FOUNDING first television, the Golden View model tributions of conscientious service to ∑ Mr. DURBIN. Mr. President, I rise VT71, was priced to sell for under $200 our country. As he departs the Pen- today in recognition of the 75th anni- and was so well-received that 100,000

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.055 S24PT1 S11908 CONGRESSIONAL RECORD — SENATE September 24, 2003 more units were sold in one year. In phone, received approval from the U.S. Motorola’s history. Also in 2000, Motor- 1949, Motorola established a research Federal Communications Commission, ola implemented the world’s first com- and development operation in Phoenix, culminating a 15-year, $100 million in- mercial General Packet Radio Service Arizona, to investigate the new field of vestment in the development of cel- (GPRS) cellular systems in the United solid-state technology, and by antici- lular technology. In 1984, Motorola de- Kingdom and Germany, providing al- pating the enormous potential of the veloped the MC68HC11 8-bit embedded ways-on access to the Internet. Also in transistor, helped create the semicon- controller for use in everyday con- 2000, Motorola conducted the world’s ductor industry and became one of the sumer, automotive and industrial prod- first 700MHz wideband high-speed data world’s largest semiconductor manu- ucts. In 1986, the historic Voyager air- trial with public safety users, enabling facturers. In 1955, Motorola’s new plane, the first aircraft to make a non- advanced mission-critical solutions. Handie-Talkie radio pocket pager se- stop, non-refueled flight around the In 2001, Motorola introduced the i.250 lectively delivered a radio message to a world, used a Motorola satellite radio. wireless chipset for GSM/GPRS (Global particular individual, and pagers began In 1987, Motorola initiated its Six System for Mobile Communications/ to replace public announcement sys- Sigma Quality Initiative, which General Packet Radio Service) cellular tems in hospitals and factories. launched a global pursuit of manufac- handset manufacturers. Also in 2001, In 1956, Robert W. Galvin, Paul V. turing and other process-oriented qual- Motorola’s Project 25 and TETRA-com- Galvin’s son, became president of Mo- ity initiatives and established Motor- pliant IP-based wireless communica- torola, Inc., serving the company de- ola as a role model for global corpora- tions systems were designed to enable votedly, until his 2001 retirement. Rob- tions. In 1988, Motorola was a winner of public safety and first response users ert W. Galvin currently serves Motor- the first Malcolm Baldrige National to transfer pictures, fingerprints, video ola as Chairman Emeritus. Quality Award, established by the U.S. and Internet-based data using two-way Following the 1958 introduction of Congress to recognize and inspire the radios. Also in 2001, Motorola intro- Explorer I, a 31-pound, Earth-orbiting pursuit of quality in American busi- duced its first metal mobile phone, the satellite, Motorola provided radio ness. In 1989, Motorola introduced the V60 phone, which a year later became equipment for most manned and un- MicroTAC personal cellular telephone, available in all three cellular tech- nologies—GSM, TDMA and CDMA—and manned U.S. space flights for the next which was the smallest and lightest quickly became a worldwide best sell- 40 years. Also in 1958, Motorola intro- cellular phone on the market. er. Also in 2001, Motorola’s Broadband duced the Motrac radio, the first vehic- In 1990, General Instrument Corpora- Communications Sector received an ular two-way radio to have a fully tion was the first to propose an all-dig- Emmy Award from the National Acad- transistorized power supply and re- ital high-definition television (HDTV) emy of Television Arts and Sciences ceiver, with such low power consump- technical standard. In 1991, Robert W. (NATAS) for outstanding achievement tion that the radio could be used with- Galvin, former Motorola chairman and in the development of consumer digital out running an automobile engine. CEO, was awarded the National Medal set-top boxes, marking Motorola’s sev- In 1961, Motorola developed low-cost of Technology by President George enth Emmy win. techniques to produce silicon rectifiers Bush, the highest honor bestowed by In 2002, Motorola launched its first the President of the United States for used in automotive alternators, mak- 3G nationwide voice and data network technological achievement, ‘‘for ad- ing the alternator an economical re- using Code Division Multiple Access 1X vancement of the American electronics placement for the less durable gener- (CDMA 1X) technology with KDDI, one industry through continuous techno- ator. In 1962, Motorola introduced the of Japan’s largest wireless operators, logical innovation, establishing Motor- fully-transistorized Handie-Talkie enabling Internet access at speeds ola as a world-class electronics manu- HT200 portable two-way radio. In 1969, more than double that of existing net- facturer.’’ In 1992, Motorola opened its Astronaut Neil Armstrong’s first words works. Also in 2002, the Motorola In- first of more than 20 software centers. spoken from the moon were relayed to stant GPS chip was the first single- Earth by a Motorola radio transponder In 1995, Motorola developed the chip Global Positioning System re- aboard the Apollo 11 lunar module. DragonBall MC68328 microprocessor ceiver solution, a breakthrough tech- In 1971, NASA’s lunar roving vehicle that became widely used in consumer nology that enabled designers to add used a Motorola FM radio receiver to electronics applications, including accurate location sensing features to provide a voice link over the 240,000 handheld video games and personal dig- portable consumer electronics prod- miles (386,000 km) between Earth and ital assistants. In 1996, Motorola’s 3.1- ucts. Also in 2002, Motorola’s Commer- the moon, earning Motorola the credit ounce (88 grams), StarTAC wearable cial, Government and Industrial Solu- for ‘‘the first car radio on the moon.’’ cellular telephone was the world’s tions Sector was honored with the Mal- In 1974, Motorola’s first micro- smallest and lightest. Also in 1996, Mo- colm Baldrige National Quality Award. processor, the MC6800, contained 4,000 torola received the Albert F. Gore In 2002, Motorola had achieved $27.3 bil- transistors and was used in auto- LifePage Achievement Award for do- lion dollars in sales. On July 30, 2003, motive, computing and video game ap- nating 10,000 numeric pagers to pa- Motorola declared its 226th consecutive plications. In 1975, Motorola tran- tients waiting for organ transplants. quarterly dividend. sponders were used aboard the historic Also in 1996, Motorola created the Since 1974, Motorola has received Apollo-Soyuz ‘‘Handshake in Space’’ PageWriter pager, the world’s first full- more than 90 awards for workplace docking mission. In 1978, Motorola in- text two-way pager, which was selected health and safety, community service troduced its first computer-controlled for the permanent collections of the and environmental stewardship from radio systems and equipment using Smithsonian’s National Museum of the United States Government and trunking technology to help radio op- American History. Also in 1996, Chris- governments and non-government or- erators use crowded radio frequencies topher B. Galvin, grandson of Motorola ganizations worldwide. Motorola is more efficiently. Also in 1978, Dr. Dan- founder Paul V. Galvin, was elected today a global leader in wireless, auto- iel E. Noble, Motorola director emer- chief executive officer of Motorola, in motive and broadband communica- itus and former chief scientist, was 1996, assuming his responsibilities in tions. Motorola is also a global cor- awarded the Edison Medal by the Insti- 1997. In 1998, Motorola telematics auto- porate citizen dedicated to ethical tute of Electrical and Electronics Engi- motive technologies provided vehicle business practices and pioneering im- neers, which provided recognition from occupants with location-specific secu- portant technologies that make things his peers for his role as a founder of the rity, information and entertainment smarter and life better, honored tradi- modern land mobile radio and semicon- services. Also in 1998, Motorola intro- tions that began when the company ductor industries. duced the iDEN i1000 portable radio was founded 75 years ago. In 1980, Motorola was one of the first handset that combined two-way radio, I would like to applaud the great im- to develop computerized, electronic en- telephone, text messaging and data pact that Motorola has had on the gine control modules that reduced fuel transmission in a single unit. business, social, and cultural landscape consumption and emissions. In 1983, In 2000, Motorola and General Instru- for Americans and, indeed, citizens of the world’s first commercial handheld ment Corporation merged their busi- all nations by virtue of its achieve- cellular phone, the Motorola DynaTAC nesses; the largest acquisition in ments throughout its remarkable 75-

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.069 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11909 year tradition of delivering on the The SBA has also helped several of practice that have allowed agencies to power of technology to improve the these women break into male-domi- bundle contracts and limit Federal way we live. I would like to recognize nated industries, like construction and contracting opportunities for small and that Motorola’s essence as an Amer- defense. Donna Brinkmeyer-Asman of women-owned businesses. In addition, ican icon has been and continues to be Clark Manufacturing, Lurita Doan of this bill will strengthen all of the to link people’s dreams with tech- New Technology Management, and SBA’s access to capital, entrepre- nology’s promise. Carolyn Minerich of Carmin Industries neurial development, and contracting I congratulate Motorola on finding have all created companies that have programs, including those that helped new ways to make things simpler, grown to include major defense-indus- bring success to the 17 recipients of the smarter, safer, synchronized and fun try clients. Tina Cordova looked to the Outstanding Women Entrepreneur for people around the world. I recognize SBA’s Small Business Development Award. that Motorola continues to dem- Center and SCORE programs to help I hope my colleagues in the Senate onstrate technological leadership, the her company, Queston Construction, will join me and Senator SNOWE in rec- highest standards of corporate respon- expand from 2 to 26 employees. ognizing the important contribution sibility and respect for the individual, Kathryn Freeland, Marilyn these women, and other women in busi- all while continuing to lead the nation Melkonian, Patty DeDominici, Nikki ness across America, make to our Na- and the world into our technological Olyai, Jeannette Lee White, and Julie tion’s economy by passing the SBA Re- future. I congratulate Motorola, on the Morgenstern all looked to the SBA to authorization Act of 2003 and fully achievements of its employees, retir- help them create their businesses. Now funding the SBA’s programs.∑ ees, suppliers, and distributors world- they are advising much larger busi- f wide as they commemorate and cele- nesses on potential employees, tech- MESSAGES FROM THE HOUSE brate the company’s 75th anniversary nology, and management issues. while the company looks to deliver an These women and their employees At 12:04 p.m., a message from the even greater impact in the 21st century are not only beneficiaries of their com- House of Representatives, delivered by as a leading force in American tech- panies’ successes. In addition to start- Ms. Niland, one of its reading clerks, nology superiority.∑ ing and growing successful businesses, announced that the House has agreed f these women have made significant to the report of the committee of con- (At the request of Mr. DASCHLE, the contributions to their communities. ference on the disagreeing votes of the following statement was ordered to be Blue Crab Bay, started by award recipi- two Houses on the amendment of the printed in the RECORD.) ent Pamela Barefoot, creates specialty Senate to the bill (H.R. 2658) making food items for seafood lovers and uses appropriations for the Department of THE IMPORTANCE OF WOMEN- Defense for the fiscal year ending Sep- OWNED SMALL BUSINESSES its profits to give back to the Chesa- peake Bay community. The company tember 30, 2004, and for other purposes. ∑ Mr. KERRY. Mr. President, I speak has given back to its community The message further announced that today to congratulate the 17 recipients the House has passed the following through scholarships, charity events, of the Small Business Administration’s bills, without amendment: and donations to groups like the Chesa- Outstanding Women Entrepreneur peake Bay Foundation. S. 111. An act to direct the Secretary of the Award. I would also like to recognize the ac- Interior to conduct a special resource study These inventive and resourceful en- to determine the national significance of the complishments of awardees Heather trepreneurs are leaders in a national Miami Circle site in the State of Florida as Howitt, Judy George, and Maria Welch. community of women’s businesses, well as the suitability and feasibility of its Heather, along with cofounders Tedde which continue to outpace all other inclusion in the National Park System as McMillen, Carla Powell, and Lori part of Biscayne National Park, and for companies in overall growth—in num- Woolfrey, recognized a potential mar- other purposes. ber of firms, employment and sales. ket for their traditional Chai drink, S. 233. An act to direct the Secretary of the Women-owned firms are constantly Interior to conduct a study of Coltsville in and now their company, Oregon Chai, breaking down the barriers of our past the State of Connecticut for potential inclu- and proving that the business world is sells its chai tea lattes at stores in all sion in the National Park System. no longer a boys-only club. As many in 50 States. Maria’s company, Respira S. 278. An act to make certain adjustments the small business community are Medical, is a leading respiratory and to the boundaries of the Mount Naomi Wil- derness Area, and for other purposes. aware, women-owned companies have durable home medical care equipment become increasingly important to our distributor in Maryland. Judy’s Do- The message also announced that the Nation’s jobs and economy. Today main home furnishings company was House has passed the following bills, in there are over 10.1 million women- recently featured on the popular tele- which it requests the concurrence of owned firms, employing 18.2 million vision makeover program ‘‘Queer Eye the Senate: workers, and generating $2.32 trillion for the Straight Guy.’’ H.R. 1113. An act to authorize an exchange in sales. I commend these 17 women for their of land at Fort Frederica National Monu- creativity in business, their leadership ment, and for other purposes. With assistance from the SBA, these H.R. 1209. An act to extend the authority 17 women honored during last week’s for women entrepreneurs, and their generous contributions to their local for the construction of a memorial to Martin Small Business Week have created Luther King, Jr., in the District of Colum- businesses that serve as remarkable ex- communities. As the number of women bia, and for other purposes. amples of successful entrepreneurship business owners continues to grow— H.R. 1409. An act to provide for a Federal in a variety of industries. currently the number of women-owned land exchange for the environmental, edu- Patricia Miller, Barbara Bradley businesses is growing at double the cational, and cultural benefit of the Amer- Baekgaard, Rebecca Matthais, and Dr. rate of all U.S. firms—we must do ev- ican public and the Eastern Band of Cher- erything we can to ensure that these okee Indians, and for other purposes. Taryn Rose all started their own busi- H.R. 2059. An act to designate Fort Bayard nesses in the fashion industry, relying businesses have every opportunity to Historic District in the State of New Mexico on the SBA for loans and counseling. flourish. To that end, we are working as a National Historic Landmark, and for Patricia and Barbara created Vera to pass the Small Business Administra- other purposes. Bradley Designs, a company that pro- tion 50th Anniversary Reauthorization H.R. 2533. An act to designate the facility duces a popular line of luggage and Act of 2003, legislation that will pro- of the United States Postal Service located handbags. Rebecca’s company, Mothers tect the extremely effective and well- at 10701 Abercorn Street in Savannah, Geor- Work, is now one of the leading pro- established Women’s Business Center gia, as the ‘‘J.C. Lewis, Jr. Post Office Build- ing’’. viders of maternity clothes of women network. With this bill we will also re- H.R. 2826. An act to designate the facility across the country. Taryn combined establish the Interagency Committee of the United States Postal Service located her medical knowledge as an ortho- on Women’s Business Enterprise to at 1000 Avenida Sanchez Osorio in Carolina, pedic surgeon with her love of fashion give women in business a greater voice Puerto Rico, as the ‘‘Roberto Clemente to create a footwear company that is in Federal policymaking. The 2003 SBA Walker Post Office Building’’. projecting to reach over $20 million in reauthorization legislation also closes The message further announced that sales this year. the loopholes in Federal procurement the House has agreed to the following

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.070 S24PT1 S11910 CONGRESSIONAL RECORD — SENATE September 24, 2003 concurrent resolution, in which it re- H.R. 2059. An act to designate Fort Bayard EC–4337. A communication from the Acting quests the concurrence of the Senate: Historic District in the State of New Mexico Assistant of the Army, Civil Works, Depart- as a National Historic Landmark, and for ment of the Army, transmitting a report rel- H. Con. Res. 21. Concurrent resolution other purposes. ative to rehabilitation and modification of commemorating the Bicentennial of the dams in Minnesota constructed by the Works Louisiana Purchase. f Progress Administration, the Works Projects The message also announced that EXECUTIVE AND OTHER Administration, and the Civilian Conserva- pursuant to 20 U.S.C. 2004(b), and the COMMUNICATIONS tion Corps; to the Committee on Armed order of the House of January 8, 2003, Services. The following communications were the Speaker appoints the following EC–4338. A communication from the Dep- laid before the Senate, together with Member of the House of Representa- uty Chief, Wireline Competition Bureau, accompanying papers, reports, and doc- tives to the Board of Trustees of the Federal Communications Commission, trans- uments, and were referred as indicated: mitting, pursuant to law, the report of a rule Harry S. Truman Scholarship Founda- EC–4328. A communication from the Under entitled ‘‘In the Matter of Federal-State tion: Mr. Skelton of Missouri. Joint Board on Universal Service; Promoting At 1:30 p.m., a message from the Secretary, Food, Nutrition, and Consumer Services, Department of Agriculture, trans- Deployment and Subscribership in Unserved House of Representatives, delivered by mitting, pursuant to law, the report of a rule and Underserved Areas, Including Tribal and Mr. Hays, one of its reading clerks, an- entitled ‘‘Determining Eligibility Require- Insular Areas’’ (FCC03–115) received on Sep- nounced that the House has agreed to ments for Free and Reduced Price Meals in tember 22, 2003; to the Committee on Armed the report of the committee of con- Schools—Verification, Reporting, and Rec- Services. ference on the disagreeing votes of the ordkeeping Requirements’’ (RIN0584–AD20) EC–4339. A communication from the Reg- ister Liaison Officer, Office of the Secretary, two Houses on the amendment of the received on September 23, 2003; to the Com- mittee on Agriculture, Nutrition, and For- Department of Defense, transmitting, pursu- Senate to the bill (H.R. 2555) making ant to law, the report of a rule entitled appropriations for the Department of estry. EC–4329. A communication from the Con- ‘‘TRICARE; Elimination of Nonavailability Homeland Security for the fiscal year gressional Review Coordinator, Animal and Statement and Referral Authorization Re- ending September 30, 2003, and for Plant Health Inspection Service, Department quirements and Elimination of Specialized other purposes. of Agriculture, transmitting, pursuant to Treatment Services Program’’ (RIN0720– AA79) received on September 22, 2003; to the At 3:12 p.m., a message from the House of law, the report of a rule entitled ‘‘Exotic Committee on Armed Services. Representatives, delivered by Ms. Niland, Newcastle Disease; Removal of Areas from EC–4340. A communication from the Reg- one of its reading clerks, announced that the Quarantine’’ (Doc. No. 02–117–10) received on ister Liaison Officer, Office of the Secretary, House has agreed to the report of the com- September 23, 2003; to the Committee on Ag- Department of Defense, transmitting, pursu- mittee of conference on the disagreeing riculture, Nutrition, and Forestry. ant to law, the report of a rule entitled votes of the two Houses on the amendments EC–4330. A communication from the Sec- ‘‘Changes Included in the National Defense of the Senate to the bill (H.R. 2657) making retary of Agriculture, transmitting a draft of Authorization Act for Fiscal Year 2003’’ appropriations for the Legislative Branch for proposed legislation to authorize the Sec- (RIN0729–AA85) received on September 22, the fiscal year ending September 30, 2004, and retary of Agriculture, at the request of a 2003; to the Committee on Armed Services. for other purposes. participating State, to convey to the State, EC–4341. A communication from the Dep- f by quitclaim deed, without consideration, uty Secretary of Defense, transmitting, pur- any land or interests in land acquired within MEASURES REFERRED suant to law, the Secretary of the Army’s re- the State under the Forest Legacy Program; port of the operational evaluation of the ini- The following bills were read the first to the Committee on Agriculture, Nutrition, tial Stryker Brigade Combat Team (SBCT); and second times by unanimous con- and Forestry. to the Committee on Armed Services. EC–4331. A communication from the Dep- sent, and referred as indicated: EC–4342. A communication from the Assist- uty Associate Administrator, Environmental ant to the Board, Board of Governors of the H.R. 1113. An act to authorize an exchange Protection Agency, transmitting, pursuant Federal Reserve System, transmitting, pur- of land at Fort Frederica National Monu- to law, the report of a rule entitled suant to law, the report of a rule entitled ment, and for other purposes; to the Com- ‘‘Bifenazate; Pesticide Tolerance’’ ‘‘Regulation Z (Truth in Lending)’’ (Doc. R– mittee on Energy and Natural Resources. (FRL#7328–1) received on September 22, 2003; H.R. 1209. An act to extend the authority 1157) received on September 23, 2003; to the to the Committee on Agriculture, Nutrition, Committee on Banking, Housing, and Urban for the construction of a memorial to Martin and Forestry. Luther King, Jr., in the District of Colum- Affairs. EC–4332. A communication from the Dep- EC–4343. A communication from the Assist- bia, and for other purposes; to the Com- uty Associate Administrator, Environmental ant to the Board, Board of Governors of the mittee on Energy and Natural Resources. Protection Agency, transmitting, pursuant Federal Reserve System, transmitting, pur- H.R. 1409. An act to provide for a Federal to law, the report of a rule entitled suant to law, the report of a rule entitled land exchange for the environmental, edu- ‘‘Imazapy; Pesticide Tolerance’’ (FRL#7321–4) ‘‘Regulation B (Equal Credit Opportunity cational, and cultural benefit of the Amer- received on September 22, 2003; to the Com- Act)’’ received on September 23, 2003; to the ican public and the Eastern Band of Cher- mittee on Agriculture, Nutrition, and For- Committee on Banking, Housing, and Urban okee Indians, and for other purposes; to the estry. Affairs. Committee on Energy and Natural Re- EC–4333. A communication from the Dep- EC–4344. A communication from the Sec- sources. uty Associate Administrator, Environmental retary of the Treasury, transmitting, pursu- H.R. 2533. An act to designate the facility Protection Agency, transmitting, pursuant ant to law, a report on the national emer- of the United States Postal Service located to law, the report of a rule entitled gency with respect to persons who commit, at 10701 Abercorn Street in Savannah, Geor- ‘‘Thiacloprid; Pesticide Tolerance’’ threaten to commit, or support terrorism gia, as the ‘‘J.C. Lewis, Jr. Post Office Build- (FRL#7325–8) received on September 22, 2003; that was declared in Executive Order 13224; ing’’; to the Committee on Governmental Af- to the Committee on Agriculture, Nutrition, to the Committee on Banking, Housing, and fairs. and Forestry. Urban Affairs. H.R. 2826. An act to designate the facility EC–4334. A communication from the Dep- EC–4345. A communication from the Dep- of the United States Postal Service located uty Associate Administrator, Environmental uty Assistant Administrator for Operations, at 1000 Avenida Sanchez Osorio in Carolina, Protection Agency, transmitting, pursuant Office of Sustainable Fisheries, National Ma- Puerto Rico, as the ‘‘Roberto Clemente to law, the report of a rule entitled rine Fisheries Service, transmitting, pursu- Walker Post Office Building’’; to the Com- ‘‘Etoxazole; Pesticide Tolerance’’ (FRL#7324– ant to law, the report of a rule entitled ‘‘At- mittee on Governmental Affairs. 8) received on September 22, 2003; to the lantic Herring Fishery Management Plan The following concurrent resolution Committee on Agriculture, Nutrition, and Final Rule; Partial Delay’’ (RIN0648–AI78) re- was read, and referred as indicated: Forestry. ceived on September 23, 2003; to the Com- H. Con. Res. 21. Concurrent resolution EC–4335. A communication from the Dep- mittee on Commerce, Science, and Transpor- commemorating the Bicentennial of the uty Associate Administrator, Environmental tation. Louisiana Purchase; to the Committee on Protection Agency, transmitting, pursuant EC–4346. A communication from the Dep- the Judiciary. to law, the report of a rule entitled uty Chief, Wireline Competition Bureau, ‘‘Flufenpyr-Ethyl; Pesticide Tolerance’’ Federal Communications Commission, trans- f (FRL#7325–4) received on September 22, 2003; mitting, pursuant to law, the report of a rule MEASURES PLACED ON THE to the Committee on Agriculture, Nutrition, entitled ‘‘In the Matter of 200 Biennial Regu- CALENDAR and Forestry. latory Review—Requirements Governing the EC–4336. A communication from the Dep- NECA Board of Directors Under Section The following bill was read the first uty Secretary of Defense, transmitting the 69.602 of the Commission’s Rules and Re- and second times by unanimous con- report of a retirement; to the Committee on quirements for the Computation of Average sent, and placed on the calendar: Armed Services. Schedule Company Payments Under Section

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.008 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11911 69.606 of the Commission’s Rules’’ (FCC03– tected Resources, transmitting, pursuant to EC–4365. A communication from the Senior 151) received on September 22, 2003; to the law, the report of a rule entitled ‘‘Sea Turtle Legal Advisor to the Chief, Media Bureau, Committee on Commerce, Science, and Conservation; Restrictions to Fishing Activi- Federal Communications Commission, trans- Transportation. ties’’ (RIN0648–AP63) received on September mitting, pursuant to law, the report of a rule EC–4347. A communication from the Assist- 23, 2003; to the Committee on Commerce, entitled ‘‘Amendment of Section 73.202(b), ant Chief, Wireline Competition Bureau, Science, and Transportation. Table of Allotments, FM Broadcast Stations. Federal Communications Commission, trans- EC–4357. A communication from the Dep- (Grants and Bosque Farms, New Mexico)’’ mitting, pursuant to law, the report of a rule uty Chief, Policy and Rules Division, Office (MM Doc. No. 01–78) received on September entitled ‘‘In the Matter of Access Charge Re- of Engineering and Technology, transmit- 22, 2003; to the Committee on Commerce, form, Price Cap Performance Review for ting, pursuant to law, the report of a rule en- Science, and Transportation. LEC’s, Low-Volume Long Distance Users, titled ‘‘Amend Parts 2 and 25 of the Commis- EC–4366. A communication from the Senior and Federal-State Joint Board on Universal sion’s Rules to Permit Operation of NGSO Legal Advisor to the Chief, Media Bureau, Service’’ (FCC03–170) received on September FSS Systems Co-Frequency with GSO and Federal Communications Commission, trans- 22, 2003; to the Committee on Commerce, Terrestrial Systems in the Ku-Band Fre- mitting, pursuant to law, the report of a rule Science, and Transportation. quency Range, Third Report and Order’’ (ET entitled ‘‘Amendment of Section 73.202(b), EC–4348. A communication from the Dep- Doc. No. 98–206) received on September 22, Table of Allotments, FM Broadcast Stations. uty Division Chief, Wireline Competition Bu- 2003; to the Committee on Commerce, (Port St. Joe and Eastpoint, Florida)’’ (MB reau, Federal Communications Commission, Science, and Transportation. Doc. No. 03–21) received on September 22, transmitting, pursuant to law, the report of EC–4358. A communication from the Dep- 2003; to the Committee on Commerce, a rule entitled ‘‘Review of the Section 251 uty Chief, Policy and Rules Division, Office Science, and Transportation. EC–4367. A communication from the Senior Unbundling Obligations of Incumbent Local of Engineering and Technology, transmit- Legal Advisor to the Chief, Media Bureau, Exchange Carriers’’ (FCC03–36) received on ting, pursuant to law, the report of a rule en- Federal Communications Commission, trans- September 22, 2003; to the Committee on titled ‘‘Amend Parts 2 and 25 of the Commis- sion’s Rules to Permit Operation of NGSO mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Amendment of Section 73.202(b), EC–4349. A communication from the Chief, FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Fre- Table of Allotments, FM Broadcast Stations. Endangered Species Division, Office of Pro- (Sonora Texas)’’ (MB Doc. No. 03–88) received tected Resources, transmitting, pursuant to quency Range’’ (ET Doc. No. 98–206) received on September 22, 2003; to the Committee on on September 22, 2003; to the Committee on law, the report of a rule entitled ‘‘Sea Turtle Commerce, Science, and Transportation. Conservation Requirements; Restrictions to Commerce, Science, and Transportation. EC–4359. A communication from the Senior EC–4368. A communication from the Senior Commercial Fishing Operations’’ (RIN0648– Legal Advisor to the Chief, Media Bureau, AP91) received on September 23, 2003; to the Legal Advisor to the Chief, Media Bureau, Federal Communications Commission, trans- Federal Communications Commission, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Amendment of Section 73.202(b), EC–4350. A communication from the Chief, Table of Allotments, FM Broadcast Stations. Endangered Species Division, Office of Pro- Table of Allotments, FM Broadcast Stations. (Okeechobee, Florida)’’ (MB Doc. No. 03–89) (George West, Texas)’’ (MB Doc. No. 03–86) tected Resources, transmitting, pursuant to received on September 22, 2003; to the Com- law, the report of a rule entitled ‘‘Sea Turtle received on September 22, 2003; to the Com- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- Conservation Requirements; Pound Net Fish- tation. ery’’ (RIN0648–AP81) received on September tation. EC–4360. A communication from the Senior EC–4369. A communication from the Senior 23, 2003; to the Committee on Commerce, Legal Advisor to the Chief, Media Bureau, Legal Advisor to the Chief, Media Bureau, Science, and Transportation. Federal Communications Commission, trans- Federal Communications Commission, trans- EC–4351. A communication from the Chief, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Endangered Species Division, Office of Pro- entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Amendment of Section 73.202(b), tected Resources, transmitting, pursuant to Table of Allotments, FM Broadcast Stations. Table of Allotments, FM Broadcast Stations. law, the report of a rule entitled ‘‘Endan- (Dalhart, Kermit, and Leakey, Texas)’’ (MB (Fort Stockton and Sanderson, Texas)’’ (MB gered and Threatened Wildlife: Sea Turtle Doc . No. 03–52, –53, and –54) received on Sep- Doc. No. 03–68) received on September 22, Conservation Requirements; Taking of tember 22, 2003; to the Committee on Com- 2003; to the Committee on Commerce, merce, Science, and Transportation. Threatened or Endangered Species Inci- Science, and Transportation. dental to Commercial Fishing Operations’’ EC–4370. A communication from the Assist- EC–4361. A communication from the Senior ant Chief, Wireline Competition Bureau, (RIN0648–AP40) received on September 23, Legal Advisor to the Chief, Media Bureau, 2003; to the Committee on Commerce, Federal Communications Commission, trans- Federal Communications Commission, trans- mitting, pursuant to law, the report of a rule Science, and Transportation. mitting, pursuant to law, the report of a rule EC–4352. A communication from the Chief, entitled ‘‘In the Matter of Federal-State entitled ‘‘Amendment of Section 73.202(b), Joint Board on Universal Service’’ (FCC03– Endangered Species Division, Office of Pro- Table of Allotments, FM Broadcast Stations. tected Resources, transmitting, pursuant to 164) received on September 22, 2003; to the (Bunnell and Palm Coast, Florida)’’ (MM Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Sea Turtle Doc. No. 03–13) received on September 22, Conservation; Summer Flounder Trawling Transportation. 2003; to the Committee on Commerce, EC–4371. A communication from the Senior Requirements’’ (RIN0648–AM89) received on Science, and Transportation. Legal Advisor to the Chief, Media Bureau, September 23, 2003; to the Committee on EC–4362. A communication from the Senior Federal Communications Commission, trans- Commerce, Science, and Transportation. Legal Advisor to the Chief, Media Bureau, mitting, pursuant to law, the report of a rule EC–4353. A communication from the Chief, Federal Communications Commission, trans- entitled ‘‘Amendment of Section 73.202(b), Endangered Species Division, Office of Pro- mitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations. tected Resources, transmitting, pursuant to entitled ‘‘Amendment of Section 73.202(b), (Magnolia, Arkansas and Oil City, Lou- law, the report of a rule entitled ‘‘Sea Turtle Table of Allotments, FM Broadcast Stations. isiana)’’ (MB Doc. No. 02–199) received on Conservation Requirements; Resuscitation (Valliant, Oklahoma and Gainesville, September 22, 2003; to the Committee on and Safe Handling’’ (RIN0648–AN64) received Texas)’’ (MM Doc. No. 01–216) received on Commerce, Science, and Transportation. on September 23, 2003; to the Committee on September 22, 2003; to the Committee on EC–4372. A communication from the Senior Commerce, Science, and Transportation. Commerce, Science, and Transportation. Legal Advisor to the Chief, Media Bureau, EC–4354. A communication from the Chief, EC–4363. A communication from the Senior Federal Communications Commission, trans- Endangered Species Division, Office of Pro- Legal Advisor to the Chief, Media Bureau, mitting, pursuant to law, the report of a rule tected Resources, transmitting, pursuant to Federal Communications Commission, trans- entitled ‘‘Amendment of Section 73.202(b), law, the report of a rule entitled ‘‘Sea Turtle mitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations. Conservation Requirements; Restrictions to entitled ‘‘Amendment of Section 73.202(b), (Clayton and Thomas, Oklahoma; Ghturie, Commercial Fishing Operations’’ (RIN0648– Table of Allotments, FM Broadcast Stations. Hebbronville, Premont, Roaring Springs, AP91) received on September 23, 2003; to the (Pelham and Meigs, Georgia)’’ (MB Doc. No. Rocksprings, and Sanderson, Texas)’’ (MB Committee on Commerce, Science, and 03–58) received on September 22, 2003; to the Doc. Nos. 02–240 thru 02–249) received on Sep- Transportation. Committee on Commerce, Science, and tember 22, 2003; to the Committee on Com- EC–4355. A communication from the Chief, Transportation. merce, Science, and Transportation. Endangered Species Division, Office of Pro- EC–4364. A communication from the Senior EC–4373. A communication from the Senior tected Resources, transmitting, pursuant to Legal Advisor to the Chief, Media Bureau, Legal Advisor to the Chief, Media Bureau, law, the report of a rule entitled ‘‘Sea Turtle Federal Communications Commission, trans- Federal Communications Commission, trans- Conservation; Shrimp Trawling Require- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ments—Parker Soft TED’’ (RIN0648–AK66) entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Amendment of Section 73.202(b), received on September 23, 2003; to the Com- Table of Allotments, FM Broadcast Stations. Table of Allotments, FM Broadcast Stations. mittee on Commerce, Science, and Transpor- (Lincoln City and Monmouth, Oregon)’’ (MB (Ridgecrest, California)’’ (MB Doc. No. 03–79) tation. Doc. No. 03–41) received on September 22, received on September 22, 2003; to the Com- EC–4356. A communication from the Chief, 2003; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- Endangered Species Division, Office of Pro- Science, and Transportation. tation.

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.011 S24PT1 S11912 CONGRESSIONAL RECORD — SENATE September 24, 2003 EC–4374. A communication from the Senior Committee on Commerce, Science, and September 23, 2003; to the Committee on En- Legal Advisor to the Chief, Media Bureau, Transportation. ergy and Natural Resources. Federal Communications Commission, trans- EC–4383. A communication from the Senior EC–4393. A communication from the Assist- mitting, pursuant to law, the report of a rule Legal Advisor to the Chief, Media Bureau, ant General Counsel for Regulatory Law, Of- entitled ‘‘Amendment of Section 73.202(b), Federal Communications Commission, trans- fice of Procurement and Assistance Manage- Table of Allotments, FM Broadcast Stations. mitting, pursuant to law, the report of a rule ment, Department of Energy, transmitting, (Bridgeton and Pennsauken, New Jersey)’’ entitled ‘‘Amendment of Section 73.202(b), pursuant to law, the report of a rule entitled (MB Doc. No. 02–382) received on September Table of Allotments, DTV Broadcast Sta- ‘‘Collection of Claims Owed the United 22, 2003; to the Committee on Commerce, tions. (Burlington, VT)’’ (MB Doc. No. 02–82) States’’ (RIN1901–AA98) received on Sep- Science, and Transportation. received on September 22, 2003; to the Com- tember 23, 2003; to the Committee on Energy EC–4375. A communication from the Senior mittee on Commerce, Science, and Transpor- and Natural Resources. Legal Advisor to the Chief, Media Bureau, tation. EC–4394. A communication from the Direc- Federal Communications Commission, trans- EC–4384. A communication from the Senior tor, Office of Congressional Affairs, Nuclear mitting, pursuant to law, the report of a rule Legal Advisor to the Chief, Media Bureau, Material Safety and Safeguards, transmit- entitled ‘‘Amendment of Section 73.202(b), Federal Communications Commission, trans- ting, pursuant to law, the report of a rule en- Table of Allotments, FM Broadcast Stations. mitting, pursuant to law, the report of a rule titled ‘‘Geological and Saismological Charac- (Noblesville, Indianapolis, and Fishers, Indi- entitled ‘‘Amendment of Section 73.202(b), teristics for Sitting and Design of Dry Cask ana)’’ (MB Doc. No. 01–143) received on Sep- Table of Allotments, DTV Broadcast Sta- Independent Spent Fuel Storage Installa- tember 22, 2003; to the Committee on Com- tions. (Anchorage, AK)’’ (MB Doc. No. 00–99) tions and Monitored Retrievable Storage In- merce, Science, and Transportation. received on September 22, 2003; to the Com- stallations’’ (RIN3150–AG93) received on Sep- EC–4376. A communication from the Senior mittee on Commerce, Science, and Transpor- tember 17, 2003; to the Committee on Envi- Legal Advisor to the Chief, Media Bureau, tation. ronment and Public Works. Federal Communications Commission, trans- EC–4385. A communication from the Senior EC–4395. A communication from the Direc- mitting, pursuant to law, the report of a rule Legal Advisor to the Chief, Media Bureau, tor, Office of Congressional Affairs, Nuclear entitled ‘‘Amendment of Section 73.202(b), Federal Communications Commission, trans- Material Safety and Safeguards, transmit- Table of Allotments, FM Broadcast Stations. mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- (Los Banos and Planada, California)’’ (MB entitled ‘‘Amendment of Section 73.202(b), titled ‘‘Consolidated NMSS Decommis- Doc. No. 02–186) received on September 22, Table of Allotments, FM Broadcast Stations. sioning Guidance, NUREG–1757’’ received on 2003; to the Committee on Commerce, (Laramie, Wyoming and Timnath, Colo- September 17, 2003; to the Committee on En- Science, and Transportation. rado)’’ (MM Doc. No. 02–365) received on Sep- vironment and Public Works. EC–4377. A communication from the Senior tember 22, 2003; to the Committee on Com- EC–4396. A communication from the Direc- Legal Advisor to the Chief, Media Bureau, merce, Science, and Transportation. tor, Office of Congressional Affairs, Nuclear Federal Communications Commission, trans- EC–4386. A communication from the Direc- Material Safety and Safeguards, transmit- mitting, pursuant to law, the report of a rule tor, Office of Sustainable Fisheries, National ting, pursuant to law, the report of a rule en- entitled ‘‘Amendment of Section 73.202(b), Marine Fisheries Service, transmitting, pur- titled ‘‘Combustible Gas Control in Contain- Table of Allotments, DTV Broadcast Sta- suant to law, the report of a rule entitled ment’’ (RIN3150–AG76) received on Sep- tions. (Cadillac and Manistee, MI)’’ (MB Doc. ‘‘Closing Directed Fishing for Pelagic Shelf tember 17, 2003; to the Committee on Envi- No. 02–45) received on September 22, 2003; to Rockfish in the Western Yakutat District of ronment and Public Works. the Committee on Commerce, Science, and the Gulf of Alaska’’ received on September f Transportation. 22, 2003; to the Committee on Commerce, EC–4378. A communication from the Senior Science, and Transportation. REPORTS OF COMMITTEES Legal Advisor to the Chief, Media Bureau, EC–4387. A communication from the Execu- The following reports of committees Federal Communications Commission, trans- tive Director, Consumer Product Safety mitting, pursuant to law, the report of a rule Commission, transmitting, pursuant to law, were submitted: entitled ‘‘Amendment of Section 73.202(b), the Commission’s inventories of commercial By Mr. HATCH, from the Committee on Table of Allotments, DTV Broadcast Sta- and inherently governmental activities for the Judiciary: tions. (Billings, MT)’’ (MB Doc. No. 02–116) 2003; to the Committee on Commerce, Special Report entitled ‘‘Report on the Ac- received on September 22, 2003; to the Com- Science, and Transportation. tivities of the Committee on the Judiciary mittee on Commerce, Science, and Transpor- EC–4388. A communication from the Sec- During the 107th Congress.’’ (Rept. No. 108– tation. retary, Federal Trade Commission, transmit- 152). EC–4379. A communication from the Senior ting, pursuant to law, the Commission’s An- By Mr. STEVENS, from the Committee on Legal Advisor to the Chief, Media Bureau, nual report for Fiscal Year 2002; to the Com- Appropriations: Federal Communications Commission, trans- mittee on Commerce, Science, and Transpor- Special Report entitled ‘‘Further Revised mitting, pursuant to law, the report of a rule tation. Allocation to Subcommittees of Budget To- entitled ‘‘Amendment of Section 73.202(b), EC–4389. A communication from the Assist- tals for Fiscal Year 2004’’ (Rept. No. 108–153). Table of Allotments, FM Broadcast Stations. ant Secretary for Communications and Infor- By Mr. INHOFE, from the Committee on (Owens, Winconsin)’’ (MB Doc. No. 02–120) re- mation, Department of Commerce, transmit- Environment and Public Works, with amend- ceived on September 22, 2003; to the Com- ting, pursuant to law, a report entitled ments: mittee on Commerce, Science, and Transpor- ‘‘Electronic Signatures: Review of the Ex- S. 1640. A bill to provide an extension of tation. ceptions to the Electronic Signatures in highway programs funded out of the High- EC–4380. A communication from the Senior Global and National Commerce Act″; to the way Trust Fund pending enactment of a law Legal Advisor to the Chief, Media Bureau, Committee on Commerce, Science, and reauthorizing the Transportation Equity Act Federal Communications Commission, trans- Transportation. for the 21st Century (Rept. No. 108–154). mitting, pursuant to law, the report of a rule EC–4390. A communication from the Assist- f entitled ‘‘Amendment of Section 73.202(b), ant General Counsel for Regulatory Law, Of- Table of Allotments, DTV Broadcast Sta- fice of Procurement and Assistance Manage- INTRODUCTION OF BILLS AND tions. (Christiansted, VI)’’ (MB Doc. No. 03– ment, Department of Energy, transmitting, JOINT RESOLUTIONS 20) received on September 22, 2003; to the pursuant to law, the report of a rule entitled The following bills and joint resolu- Committee on Commerce, Science, and ‘‘Financial Assistance Regulations’’ tions were introduced, read the first Transportation. (RIN1991–AB57) received on September 23, EC–4381. A communication from the Senior 2003; to the Committee on Energy and Nat- and second times by unanimous con- Legal Advisor to the Chief, Media Bureau, ural Resources. sent, and referred as indicated: Federal Communications Commission, trans- EC–4391. A communication from the Assist- By Mr. CAMPBELL (for himself and mitting, pursuant to law, the report of a rule ant General Counsel for Regulatory Law, Of- Mr. JOHNSON): entitled ‘‘Amendment of Section 73.202(b), fice of Procurement and Assistance Manage- S. 1647. A bill to amend title XVIII of the Table of Allotments, DTV Broadcast Sta- ment, Department of Energy, transmitting, Social Security Act to provide for direct ac- tions. (Odessa, TX)’’ (MB Doc. No. 02–90) re- pursuant to law, the report of a rule entitled cess to audiologists for Medicare bene- ceived on September 22, 2003; to the Com- ‘‘Compliance With Floodplain and Wetland ficiaries, and for other purposes; to the Com- mittee on Commerce, Science, and Transpor- Environment Review Requirements’’ mittee on Finance. tation. (RIN1901–AA94) received on September 23, By Mrs. FEINSTEIN: EC–4382. A communication from the Senior 2003; to the Committee on Energy and Nat- S. 1648. A bill to modify the date as of Legal Advisor to the Chief, Media Bureau, ural Resources. which certain tribal land of the Lytton Federal Communications Commission, trans- EC–4392. A communication from the Assist- Rancheria of California is deemed to be held mitting, pursuant to law, the report of a rule ant General Counsel for Regulatory Law, Of- in trust; to the Committee on Indian Affairs. entitled ‘‘Amendment of Section 73.202(b), fice of Procurement and Assistance Manage- By Mr. BINGAMAN (for himself and Table of Allotments, DTV Broadcast Sta- ment, Department of Energy, transmitting, Mr. DOMENICI): tions. (Charleston, WV)’’ (MB Doc. No. 02– pursuant to law, the report of a rule entitled S. 1649. A bill to designate the Ojito Wil- 155) received on September 22, 2003; to the ‘‘Value Engineering’’ (AL2003–04) received on derness Study Area as wilderness, to take

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.012 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11913 certain land into trust for the Pueblo of Zia, of S. 852, a bill to amend title 10, (Mrs. BOXER) was added as a cosponsor and for other purposes; to the Committee on United States Code, to provide limited of S. 1510, a bill to amend the Immigra- Energy and Natural Resources. TRICARE program eligibility for mem- tion and Nationality Act to provide a By Mr. STEVENS: bers of the Ready Reserve of the Armed mechanism for United States citizens S. 1650. A bill for the relief of Katarina and lawful permanent residents to Galovic; to the Committee on the Judiciary. Forces, to provide financial support for By Mr. STEVENS: continuation of health insurance for sponsor their permanent partners for S. 1651. A bill for the relief of Gustav F. K. mobilized members of reserve compo- residence in the United States, and for Wallner; to the Committee on the Judiciary. nents of the Armed Forces, and for other purposes. By Mrs. FEINSTEIN (for herself, Mr. other purposes. S. 1524 DEWINE, Mr. LEAHY, Mr. KOHL, Mr. S. 874 At the request of Mr. SANTORUM, the SCHUMER, Mr. FEINGOLD , Mr. HARKIN, ALENT name of the Senator from Colorado Mr. LEVIN, Mr. LAUTENBERG, Mr. At the request of Mr. T , the name of the Senator from New Mexico (Mr. CAMPBELL) was added as a cospon- VOINOVICH, and Mr. PRYOR): sor of S. 1524, a bill to amend the Inter- (Mr. DOMENICI) was added as a cospon- S. 1652. A bill to ratify the do-not-call reg- nal Revenue Code of 1986 to allow a 7- istry provision of the Telemarketing Sales sor of S. 874, a bill to amend title XIX Rule, as amended by the Federal Trade Com- of the Social Security Act to include year applicable recovery period for de- preciation of motorsports entertain- mission, effective March 31, 2003; to the Com- primary and secondary preventative ment complexes. mittee on Commerce, Science, and Transpor- medical strategies for children and tation. adults with Sickle Cell Disease as med- S. 1545 By Mr. INOUYE: At the request of Mr. DURBIN, the S. 1653. A bill to ensure that recreational ical assistance under the medicaid pro- gram, and for other purposes. name of the Senator from Maryland benefits are given the same priority as hurri- (Mr. SARBANES) was added as a cospon- cane and storm damage reduction benefits S. 884 sor of S. 1545, a bill to amend the Ille- and environmental restoration benefits; to At the request of Ms. LANDRIEU, the gal Immigration Reform and Immi- the Committee on Environment and Public name of the Senator from Indiana (Mr. Works. grant Responsibility Act of 1996 to per- BAYH) was added as a cosponsor of S. By Mr. STEVENS (for himself and Mr. mit States to determine State resi- HOLLINGS): 884, a bill to amend the Consumer Cred- dency for higher education purposes S. 1654. A bill to ratify the authority of the it Protection Act to assure meaningful and to authorize the cancellation of re- Federal Trade Commission to establish a do- disclosures of the terms of rental-pur- moval and adjustment of status of cer- not-call registry; to the Committee on Com- chase agreements, including disclo- tain alien students who are long-term merce, Science, and Transportation. sures of all costs to consumers under United States residents. f such agreements, to provide certain S. 1557 substantive rights to consumers under At the request of Mr. MCCONNELL, ADDITIONAL COSPONSORS such agreements, and for other pur- the name of the Senator from Min- S. 59 poses. nesota (Mr. COLEMAN) was added as a At the request of Mr. INOUYE, the S. 1222 cosponsor of S. 1557, a bill to authorize name of the Senator from Washington At the request of Mr. NELSON of Ne- the extension of nondiscriminatory (Ms. CANTWELL) was added as a cospon- braska, the name of the Senator from treatment (normal trade relations sor of S. 59, a bill to amend title 10, Louisiana (Ms. LANDRIEU) was added as treatment) to the products of Armenia. United States Code, to permit former a cosponsor of S. 1222, a bill to amend S. 1618 members of the Armed Forces who title XVIII of the Social Security Act At the request of Mr. ROCKEFELLER, have a service-connected disability to require the Secretary of Health and the name of the Senator from Vermont rated as total to travel on military air- Human Services, in determining eligi- (Mr. JEFFORDS) was added as a cospon- craft in the same manner and to the bility for payment under the prospec- sor of S. 1618, a bill to reauthorize Fed- same extent as retired members of the tive payment system for inpatient re- eral Aviation Administration Pro- Armed Forces are entitled to travel on habilitation facilities, to apply criteria grams for the period beginning on Oc- such aircraft. consistent with rehabilitation impair- tober 1, 2003, and ending on March 31, S. 429 ment categories established by the 2004, and for other purposes. At the request of Mrs. FEINSTEIN, the Secretary for purposes of such prospec- S. 1637 name of the Senator from California tive payment system. At the request of Mr. GRASSLEY, the (Mrs. BOXER) was added as a cosponsor S. 1246 name of the Senator from Oregon (Mr. of S. 429, a bill to amend the Internal At the request of Mr. ROBERTS, the SMITH) was added as a cosponsor of S. Revenue Code of 1986 to regulate cer- names of the Senator from Virginia 1637, a bill to amend the Internal Rev- tain 50 caliber sniper weapons in the (Mr. ALLEN), the Senator from Mis- enue Code of 1986 to comply with the same manner as machine guns and sissippi (Mr. COCHRAN) and the Senator World Trade Organization rulings on other firearms, and for other purposes. from Mississippi (Mr. LOTT) were added the FSC/ETI benefit in a manner that preserves jobs and production activi- S. 617 as cosponsors of S. 1246, a bill to amend ties in the United States, to reform and At the request of Mr. LIEBERMAN, the the Internal Revenue Code of 1986 to simplify the international taxation name of the Senator from North Caro- provide for collegiate housing and in- frastructure grants. rules of the United States, and for lina (Mr. EDWARDS) was added as a co- other purposes. sponsor of S. 617, a bill to provide for S. 1292 S. CON. RES. 70 full voting representation in Congress At the request of Ms. LANDRIEU, the At the request of Mr. WYDEN, the for the citizens of the District of Co- names of the Senator from Michigan name of the Senator from Montana lumbia, and for other purposes. (Mr. LEVIN) and the Senator from (Mr. BURNS) was added as a cosponsor Michigan (Ms. STABENOW) were added S. 623 of S. Con. Res. 70, a concurrent resolu- At the request of Mr. WARNER, the as cosponsors of S. 1292, a bill to estab- tion supporting National Funeral Serv- name of the Senator from Maryland lish a servitude and emancipation ar- ice Education Week. chival research clearinghouse in the (Ms. MIKULSKI) was added as a cospon- S. RES. 78 National Archives. sor of S. 623, a bill to amend the Inter- At the request of Ms. STABENOW, her nal Revenue Code of 1986 to allow Fed- S. 1353 name was added as a cosponsor of S. eral civilian and military retirees to At the request of Mr. BROWNBACK, the Res. 78, a resolution designating March pay health insurance premiums on a name of the Senator from Vermont 25, 2003, as ‘‘Greek Independence Day: A pretax basis and to allow a deduction (Mr. LEAHY) was added as a cosponsor National Day of Celebration of Greek for TRICARE supplemental premiums. of S. 1353, a bill to establish new spe- and American Democracy’’. S. 852 cial immigrant categories. S. RES. 219 At the request of Mr. DASCHLE, the S. 1510 At the request of Mr. GRAHAM of name of the Senator from Arkansas At the request of Mr. LEAHY, the South Carolina, the names of the Sen- (Mr. PRYOR) was added as a cosponsor name of the Senator from California ator from Missouri (Mr. TALENT), the

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.021 S24PT1 S11914 CONGRESSIONAL RECORD — SENATE September 24, 2003 Senator from Maine (Ms. SNOWE) and SECTION 1. SHORT TITLE. disability, disorder, or difference will the Senator from North Carolina (Mr. This Act may be cited as the ‘‘Hearing be at a distinct disadvantage. EDWARDS) were added as cosponsors of Health Accessibility Act of 2003’’. This legislation will help seniors S. Res. 219, a resolution to encourage SEC. 2. DIRECT ACCESS TO QUALIFIED AUDIOL- challenged by hearing problems obtain OGISTS FOR MEDICARE BENE- the People’s Republic of China to es- FICIARIES. direct access to licensed audiologists tablish a market-based valuation of the Section 1861(ll)(2) of the Social Security through the Medicare Program. Be- yuan and to fulfill its commitments Act (42 U.S.C. 1395x(ll)(2)) is amended by in- cause most of these hearing conditions under international trade agreements. serting before the period at the end the fol- are not medically or surgically treat- f lowing: ‘‘, without regard to any require- able, direct access to audiology serv- ment that the individual receiving the audi- ices will allow comprehensive and STATEMENTS ON INTRODUCED ology services be under the care of (or re- timely care through the diagnosis, BILLS AND JOINT RESOLUTIONS ferred by) a physician or other health care treatment, and management of hearing By Mr. CAMPBELL (for himself practitioner or that such services are pro- vided under the supervision of a physician or loss. Audiologists can conduct a vari- and Mr. JOHNSON): other health care practitioner’’. ety of specialized auditory assessments S. 1647. A bill to amend title XVIII of SEC. 3. INCLUSION OF AUDIOLOGY SERVICES AS and based on such examinations, can the Social Security Act to provide for A PART B MEDICAL SERVICE; PAY- present numerous options to help pa- direct access to audiologists for medi- MENT. tients cope with hearing problems. care beneficiaries, and for other pur- (a) IN GENERAL.—Section 1861(s)(2) of the This legislation will not diminish the poses; to the Committee on Finance. Social Security Act (42 U.S.C. 1395x(s)(2)) is important role of primary care physi- Mr. CAMPBELL. Mr. President, amended— cians, who closely with audiologists (1) in subparagraph (U), by striking ‘‘and’’ today I am introducing legislation and will remain intimately involved in which would give Medicare recipients after the semicolon at the end; (2) in subparagraph (V)(iii), by inserting patient care as needed under this bill. the same hearing care options avail- ‘‘and’’ after the semicolon at the end; and Direct access to such audiology serv- able to veterans and Senators. Specifi- (3) by adding at the end the following new ices is supported by numerous govern- cally, it would give Medicare bene- subparagraph: mental agencies. The Centers for Dis- ficiaries direct access to qualified, li- ‘‘(W) audiology services (as defined in sub- ease Control and Prevention has recog- censed audiologists. I am pleased to be section (ll)(2));’’. nized the importance of this issue by joined in this effort by my colleague, (b) PAYMENT UNDER THE PHYSICIAN FEE making access by persons with hearing SCHEDULE.—Section 1848(j)(3) of such Act (42 Senator TIM JOHNSON. impairments to rehabilitative services Today, approximately 28 million U.S.C. 1395w–4(j)(3)) is amended by inserting ‘‘(2)(W),’’ after ‘‘(2)(S),’’. a Health People 2010 objective. Addi- Americans are hearing disabled. Many tionally, the Veteran’s Administration of them are older Americans—a sta- SEC. 4. CONSTRUCTION; EFFECTIVE DATE. (a) CONSTRUCTION.—Nothing in this Act and Office of Personnel Management tistic that is fast increasing with the shall be construed to expand the scope of have established policies to allow bene- aging of the ‘‘baby boomers.’’ With 80 audiology services for which payment may ficiaries such access. Seniors under the to 90 percent of hearing problems not be made under title XVIII of the Social Secu- Medicare Program deserve similar ben- medically or surgically treatable, it rity Act as of December 31, 2003. efits, and I urge my colleagues to sup- seems only reasonable that Medicare (b) EFFECTIVE DATE.—The amendments port this important bill. patients be allowed to consult with an made by this Act shall take effect with re- audiologist without first seeing an- spect to services furnished on or after Janu- By Mrs. FEINSTEIN: other provider. It is part of regular ary 1, 2004. S. 1648. A bill to modify the date as of audiological practice to refer patients Mr. JOHNSON. Mr. President, today I which certain tribal land of the Lytton for medical management when clinical am happy to join my colleague, Sen- Rancheria of California is deemed to be indicators are present. ator CAMPBELL, in introducing legisla- held in trust; to the Committee on In- In the 1990’s, the Department of Vet- tion that will provide millions of sen- dian Affairs. erans Affairs (VA) and the Office of iors with direct access to important Mrs. FEINSTEIN. Mr. President, I Personnel Management changed their audiology services through the Medi- rise today to introduce legislation that respective healthcare policies to allow care Program. would partially repeal language from for the option of direct access to a li- Approximately 28 million people in the Omnibus Indian Advancement Act censed audiologist. Earlier this year, I the U.S. have some degree of reduced of 2000; language that circumvents the wrote the VA asking if veterans were hearing sensitivity, and of this num- Indian Gaming Regulatory Act’s com- satisfied with that coverage for ber, 80 percent have irreversible hear- mon-sense protections and regulatory audiological services. According to the ing loss. The majority of these individ- safeguards against the inappropriate VA response, ‘‘The policy has provided uals are 65 and older, and as the baby siting of Nevada-style casinos. and continues to provide high quality, boom generation ages, this number will In 2000, a one-paragraph provision cost effective, and successful hearing skyrocket. Hearing loss is the 3rd most was attached to the Omnibus Indian health care to veterans.’’ It is impor- prevalent chronic condition in the Advancement Act taking land into tant to point out that this bill would older population. One in three people trust for a single Indian tribe, the not diminish the important role of older than 60 and half of those older Lytton, with the aim of allowing the medical doctors, or expand the scope of than 85 have a hearing loss problem tribe to expedite plans to establish a practice for audiology. and only about one-fourth of those who large gaming complex in San Pablo, This legislation is consumer friendly. could benefit from a hearing aid actu- CA. It will help our elderly and rural citi- ally use one. The site which is not part of, nor ad- zens who often find it difficult to ac- Hearing problems can make it dif- jacent to, any land traditionally held cess health care services. It will pro- ficult to understand and follow a doc- by the Lytton is, in fact, a 10-acre vide consistency of policy among Gov- tor’s advice, respond to warnings, and property which includes a card club ernment agencies. That is why I urge to hear doorbells and alarms. They can and parking lot, and is located in a my colleagues to act quickly on this also take away from the enjoyment of major urban area just outside of San legislation. the simple things in life, like talking Francisco. The process to bring this I ask unanimous consent that the to friends and family, or listening to land into trust and sidestep gaming text of the bill be printed in the the radio or television. Additionally, oversight was done without regard for RECORD. the 21st century work environment re- Federal laws currently in place to reg- There being no objection, the bill was quires intense use of communication ulate the siting of such a casino. ordered to be printed in the RECORD, as and information skills and tech- Today California is home to 109 feder- follows: nologies. As seniors continue to remain ally recognized tribes. 64 tribes have S. 1647 in the workforce for longer periods, gaming compacts with the State and Be it enacted by the Senate and House of Rep- work-related hearing challenges will there are 54 tribal casinos. With more resentatives of the United States of America in become increasingly evident and the than 50 tribes seeking Federal recogni- Congress assembled, individual who has a communication tion and approximately 25 recognized

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.023 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11915 tribes seeking gaming compacts from working with the Chairman and Rank- Tribe; The Wilderness Society; the New the Governor, revenues from Califor- ing Member of the Indian Affairs Com- Mexico Wilderness Alliance; the Coali- nia’s tribal gaming industry are ex- mittee to pass this legislation quickly. tion for New Mexico Wilderness, on be- pected to be the highest of any State’s I ask unanimous consent that the half of more than 375 businesses and or- by the end of the decade. text of the bill be printed in the ganizations; the Rio Grande Chapter of I have serious reservations about the RECORD. the Sierra Club; the National Parks expansion of Nevada-style gaming— There being no objection, the bill was and Conservation Association; the Al- with its slot machines and in-house ordered to be printed in the RECORD, as buquerque Convention and Visitors Bu- banking—into urban areas, and I am follows: reau; 1000 Friends of New Mexico; and particularly concerned about off-res- S. 1648 numerous individuals. ervation gambling and ‘‘reservation Be it enacted by the Senate and House of Rep- The designation of the Ojito Wilder- shopping’’. Off-reservation casinos resentatives of the United States of America in ness was recommended by Secretary of often cause counties additional costs in Congress assembled, the Interior Manuel Lujan, Jr,.—a public and local services, intrude on SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. former New Mexico Congressman of 20 residential areas, and are responsible Section 819 of the Omnibus Indian Ad- years—in 1991. Secretary Lujan found for an increase of traffic and crime vancement Act (114 Stat. 2919) is amended by the Ojito to have ‘‘high quality wilder- within local communities. striking the last sentence. ness values’’ with ‘‘outstanding oppor- That said, under proper regulation, tunities for solitude and primitive and gaming in California has the potential By Mr. BINGAMAN (for himself unconfined recreation,’’ as well as to yield much needed benefits for tribal and Mr. DOMENICI): ‘‘outstanding photographic and sight- members in terms of healthcare, edu- S. 1649. A bill to designate the Ojito seeing opportunities.’’ The ‘‘close prox- cation and general welfare, as Congress Wilderness Study Area as wilderness, imity to the Albuquerque and Santa Fe and California voters intended. How- to take certain land into trust for the population centers, cultural and pale- ever, the question is not whether gam- Pueblo of Zia, and for other purposes; ontological special features, and the ing should be permitted, but rather to the Committee on Energy and Nat- lack of resource conflicts’’ made the how and where. Those questions have ural Resources. recommendation particularly strong. been appropriately addressed by the In- Mr. BINGAMAN. Mr. President, I am President George H.W. Bush concurred dian Gaming Regulatory Act. proud to introduce the ‘‘Ojito Wilder- in the recommendation and forwarded Without this legislation, the Lytton ness Act’’, a wilderness bill that has it to Congress for designation. This bill will be able to take a former card club broad support in New Mexico. This bill adopts the boundaries recommended at and the adjacent parking lot as their designates the State’s fourth Bureau of that time, so there should be no ques- reservation and turn it into a large Land Management Wilderness area, tion or dispute that all of the lands gambling complex outside the regula- and its first new wilderness area in proposed for wilderness in this bill tions set up by the Indian Gaming Reg- more than 15 years. Keeping in mind fully qualify for wilderness status ulatory Act. Allowing this to happen Theodore Roosevelt’s statement that under the Wilderness Act. would set a dangerous precedent not ‘‘there are no words that can tell the This bill also takes advantage of a only for California, but every State hidden spirit of the wilderness, that unique opportunity to benefit both the where tribal gaming is permitted. can reveal its mystery, its melancholy, Pueblo and the public by authorizing The changes I seek today are ex- and its charm,’’ the Ojito can be de- the Pueblo to acquire some public tremely limited. This legislation would scribed as nearly 11,000 acres of dra- lands that are sandwiched between the not reverse restoration of the tribe. It matic landforms and multi-colored Zia Reservation and the Ojito Wilder- would not infringe on Native American rock formations, with sculptured bad- ness Study Area. The general public sovereignty. It does not even block the lands, expansive plateaus and mesa will benefit from the assurance that casino proposal. It only seeks to give tops, a high density of cultural and ar- these lands will be protected for the fu- the State and the local communities a chaeological sites and paleontological ture, forming a protective buffer voice in the process and ensure that resources, and a diverse array of plant around the Ojito Wilderness and pro- gaming continues to be organized with- and animal species. It is an area that is in the framework of the Indian Gaming viding additional opportunities for big enough to get lost in, but small primitive public recreation. This bill Regulatory Act. enough that it will not change the fact Circumventing the processes for Fed- secures continued public access to this that only one percent of New Mexico’s eral recognition of tribal governments open space for recreational, scenic, pa- BLM lands are designated as wilder- and for granting land into trust pre- leontological, scientific, educational, ness. The bill also provides for the ac- sents a variety of serious and critical and conservation uses. quisition of some adjacent public lands multi-jurisdictional issues—issues While these lands are—and will re- by the Pueblo of Zia for preservation as which can negatively affect the lives of main—important to the public, they public open space. I am pleased that ordinary citizens and deprive local gov- have special importance to the Pueblo ernments of their political power to the senior Senator from New Mexico, and its people. These lands are part of protect their communities. Senator DOMENICI, is cosponsoring this the Pueblo’s aboriginal land base, and That is why I believe it is important bill and that my distinguished col- they harbor many cultural, religious, to seek a remedy which would restore league from the Third District of New historical, and archaeological sites of the Indian Gaming Regulatory Act’s Mexico, Representative UDALL, is in- great import to the Pueblo. By acquir- oversight over the matter. troducing a companion measure in the ing these lands, the Pueblo will finally The Indian Gaming Regulatory Act House of Representatives. unite the two non-contiguous parts of has provided this Nation with a fair The support for this proposal truly is its Reservation. The Pueblo may con- and balanced approach to Indian gam- impressive. It has been formally en- tinue to graze its cattle on these lands, ing by facilitating tribal plans for eco- dorsed by the Governor of New Mexico; but it is prohibited from using the nomic recovery without compromising the local Sandoval County Commission lands for housing, gaming, mining, or a multitude of factors that should be and the neighboring Bernalillo County other commercial enterprises. taken into account when deciding on Commission; the Albuquerque City The Pueblo will purchase these lands the siting of casinos. This law works. It Council; New Mexico House of Rep- for fair market value, which will, of is a fair process that should continue resentatives Energy and Natural Re- course, take into consideration the re- to be followed. sources Committee Chairman James strictions and prohibitions on various It is simply not asking too much to Roger Madalena; the Governors of the uses, the requirement that the natural require that Lytton be subject to the Pueblos of Zia, Santa Ana, Santo Do- characteristics of the land be preserved regulatory and approval processes ap- mingo, Cochiti, Tesuque, San Ildefonso, in perpetuity, and the guarantee that plicable to newly acquired tribal lands Pojoaque, Nambe, Santa Clara, San public access be maintained. Existing by the Indian Gaming Regulatory Act. Juan, Sandia, Laguna, Acoma, Isleta, rights are protected, so, for example, I hope my colleagues will support Picuris, and Taos; the National Con- the main access road will remain a this legislation and I look forward to gress of American Indians; the Hopi county road and the existing pipelines

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.055 S24PT1 S11916 CONGRESSIONAL RECORD — SENATE September 24, 2003 and transmission line will be unaf- S. 1649 certain land in the Albuquerque District-Bu- fected. The Pueblo also has agreed to Be it enacted by the Senate and House of Rep- reau of Land Management, New Mexico, recognize the grazing privileges of a resentatives of the United States of America in which comprise approximately 10,903 acres, neighboring ranch that has the only Congress assembled, as generally depicted on the Wilderness map, and which shall be known as the ‘‘Ojito Wil- other outstanding grazing permit on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Ojito Wil- derness’’. the lands to be transferred, and it is derness Act’’. (b) MAP AND LEGAL DESCRIPTION.—The Wil- working on memorializing that agree- SEC. 2. FINDINGS. derness map and a legal description of the ment. Congress finds that— Wilderness shall— The New Mexico Commissioner of (1) the Ojito Wilderness Study Area, lo- (1) be filed by the Secretary with the Com- cated in Sandoval County, New Mexico, con- mittee on Energy and Natural Resources of Public Lands, Patrick H. Lyons, sup- the Senate and the Committee on Resources ports this transfer. In a letter endors- tains dramatic landforms and rock struc- tures, multicolored badlands, expansive pla- of the House of Representatives as soon as ing the proposal, he told the Pueblo teaus and mesa tops, and a high density of practicable after the date of the enactment that it ‘‘makes sense from a manage- cultural and archaeological sites, paleon- of this Act; ment perspective, and I applaud your tological resources, and diverse plant and (2) have the same force and effect as if in- efforts to address this matter in a co- animal species; cluded in this Act, except that the Secretary operative manner. Once transferred, I (2) the Bureau of Land Management evalu- may correct clerical and typographical er- am confident that the Pueblo of Zia ated the Ojito area and found that the area rors in the legal description and Wilderness has sufficient land area and natural charac- map; and will manage its acquisition with the (3) be on file and available for public in- same sensitivity with which it man- teristics to qualify for full wilderness status and protection; spection in the appropriate offices of the Bu- ages all its lands.’’ I agree, and this bill (3) in 1992, President George H.W. Bush reau of Land Management. authorizes the Pueblo to manage this concurred with the recommendation of Sec- (c) MANAGEMENT OF WILDERNESS.—Subject land pursuant to regulations that are retary of the Interior Manuel Lujan, Jr., to valid existing rights, the Wilderness shall approved by the Secretary of the Inte- that Congress designate the Ojito Wilderness be managed by the Secretary, as appropriate, rior. based on the high quality wilderness values, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, I am particularly pleased to intro- close proximity to the Albuquerque and Santa Fe population centers, cultural and with respect to the Wilderness, any reference duce this legislation in celebration of paleontological special features, and the in the Wilderness Act to the effective date of the upcoming 40th anniversary of the lack of resource conflicts in the area; the Wilderness Act shall be deemed to be a Wilderness Act of 1964 and the eight- (4) the Pueblo of Zia has worked in co- reference to the date of enactment of this ieth anniversary of the Nation’s first operation with other interested parties to Act. administratively-designated wilder- reach an agreement under which the Pueblo (d) MANAGEMENT OF NEWLY ACQUIRED ness. This celebration is particularly would acquire public land adjacent to the Zia LAND.—Any land within the boundaries of Reservation and the Ojito Wilderness Study the Wilderness that is acquired by the Fed- meaningful to my State of New Mexico, eral Government shall become part of the for it is both the proud birthplace of Area that would— (A) enhance the protections for the land in Wilderness within which the land is located wilderness and the home to two of its the Ojito area; and and shall be managed in accordance with fathers: Aldo Leopold, who worked (B) ensure that the land will remain open this Act and other laws applicable to the from Albuquerque for 15 years to create to the public for recreational, scenic, sci- Wilderness. in 1924 the Gila wilderness near my entific, educational, paleontological, and (e) GRAZING.—Grazing of livestock in the home in southern New Mexico, and conservation uses; and Wilderness, where established before the New Mexico Senator Clinton Anderson, (5) the transfer of certain parcels of public date of enactment of this Act, shall be ad- land to the Pueblo of Zia and the designation ministered in accordance with the provisions who was instrumental in codifying of section 4(d)(4) of the Wilderness Act (16 Aldo Leopold’s wilderness and ethic 40 of the Ojito Wilderness as a component of the National Wilderness Preservation Sys- U.S.C. 1133(d)(4)). years later. tem— (f) FISH AND WILDLIFE.—As provided in sec- Forty years later still, the Ojito pro- (A) is in the best interest of people of the tion 4(d)(7) of the Wilderness Act (16 U.S.C. vides a unique wilderness area that is State of New Mexico and people from other 1133(d)(7)), nothing in this section shall be important not only to its local stew- States; construed as affecting the jurisdiction or re- (B) would preserve and maintain the Ojito sponsibilities of the State with respect to ards, but also to the nearby residents fish and wildlife in the State. of Albuquerque and Santa Fe, as well as an enduring resource of wilderness; and (C) would provide for the management and SEC. 5. LAND HELD IN TRUST. as visitors from across the country. It promotion of the wilderness character and (a) IN GENERAL.—Subject to valid existing is an outdoor geology laboratory, offer- various resources of the Ojito area for wild- rights and the conditions under subsection ing a spectacular and unique oppor- life habitat protection, scenic and historic (d), all right, title, and interest of the United tunity to view from a single location preservation, scientific research and edu- States in and to the lands (including im- the juxtaposition of the southwestern cation, primitive recreation, solitude, and provements, appurtenances, and mineral margin of the Rocky Mountains, the inspiration for present and future genera- rights to the lands) generally depicted on the Colorado Plateau, and the Rio Grande tions of the people of the United States. Trust Area map shall, on receipt of consider- Rift, along with the volcanic necks of SEC. 3. DEFINITIONS. ation under subsection (c) and adoption and In this Act: approval of regulations under subsection (d), the Rio Puerco Fault. Its rugged ter- (1) PUEBLO.—The term ‘‘Pueblo’’ means the be declared by the Secretary to be held in rain offers a rewarding challenge to Pueblo of Zia. trust by the United States for the Pueblo hikers, backpackers, and photog- (2) SECRETARY.—The term ‘‘Secretary’’ and shall be part of the Pueblo’s Reserva- raphers. It shelters ancient Puebloan means the Secretary of the Interior. tion. ruins and an endemic endangered (3) STATE.—The term ‘‘State’’ means the (b) MAP AND LEGAL DESCRIPTION.—The plant, solitude and inspiration. State of New Mexico. Trust Area map and a legal description of (4) TRUST AREA MAP.—The term ‘‘Trust the land described in subsection (a) shall— The words of Aldo Leopold and Sen- Area map’’ means the map entitled ‘‘Lands (1) be filed by the Secretary with the Com- ator Clinton Anderson are fitting for Transferred to Pueblo of Zia—Proposed’’, mittee on Energy and Natural Resources of the Ojito, for it is ‘‘what the land was, numbered ll, and dated llllll. the Senate and the Committee on Resources what it is, and what it ought to be’’; let (5) WILDERNESS.—The term ‘‘Wilderness’’ of the House of Representatives as soon as this ‘‘Ojito Wilderness Act’’ be ‘‘a dem- means the Ojito Wilderness designated under practicable after the date of the enactment onstration by our people that we can section 4. of this Act; put aside a portion of this which we (6) WILDERNESS MAP.—The term ‘‘Wilder- (2) have the same force and effect as if in- cluded in this Act, except that the Secretary have as a tribute to the Maker and say ness map’’ means the map entitled ‘‘Ojito Wilderness Study Area: Ojito Proposal’’, may correct clerical and typographical er- this we will leave as we found it.’’ numbered NM–010–024, and dated April 1990. rors in the legal description and Trust Area I ask unanimous consent that the SEC. 4. DESIGNATION OF THE OJITO WILDER- map; and text of the bill be printed in the NESS. (3) be on file and available for public in- RECORD. (a) IN GENERAL.—In furtherance of the pur- spection in the appropriate offices of the Bu- poses of the Wilderness Act (16 U.S.C. 1131 et reau of Land Management. There being no objection, the bill was seq.), there is hereby designated as wilder- (c) CONSIDERATION.— ordered to be printed in the RECORD, as ness, and, therefore, as components of the (1) IN GENERAL.—In consideration for the follows: National Wilderness Preservation System, conveyance authorized under subsection (a),

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.054 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11917 the Pueblo shall pay to the Secretary the the Army Corps only authorizes and relating to water resources projects de- amount that is equal to the fair market funds beach restoration projects that scribed in subsection (a) shall be displayed in value of the land conveyed, as subject to the protect property against storm and any analysis of the costs and benefits of terms and conditions in subsection (d), as de- hurricane damage. The Army Corps those projects.’’. termined by an independent appraisal. SEC. 3. GIVING RECREATIONAL BENEFITS THE (2) AVAILABILITY.—Any amounts paid under does not recommend authorization or SAME STATUS AS OTHER BEACH paragraph (1) shall be available to the Sec- funding of beach restoration projects RESTORATION BENEFITS. retary, without further appropriation and that only provide recreational benefits. Subsection (e)(2)(B) of the first section of until expended, for the acquisition from will- Beaches help support tourism and the Act of August 13, 1946 (33 U.S.C. ing sellers of land or interests in land in the serve as an important source of fun for 426e(e)(2)(B)), is amended by striking clause State. many Americans who seek inexpensive (ii) and inserting the following: (d) PUBLIC ACCESS.— recreation. Many of these beaches are ‘‘(ii) CONSIDERATIONS; PROCEDURES.—In (1) IN GENERAL.—Subject to paragraph (2), making recommendations relating to shore the declaration of trust and conveyance not eligible for beach restoration be- protection projects under clause (i), the Sec- under subsection (a) shall be subject to the cause they lack sufficient structural retary shall— continuing right of the public to access the development along coastlines to war- ‘‘(I) consider the economic and ecological land for recreational, scenic, scientific, edu- rant a restoration project solely on the benefits of the shore protection projects; and cational, paleontological, and conservation basis of storm or hurricane damage re- ‘‘(II) develop and implement procedures for uses, subject to any regulations for land duction. While local governments and the determination of national economic ben- management and the preservation, protec- communities have taken proactive efits that treat benefits provided for recre- tion, and enjoyment of the natural charac- measures to avert flood damage, they ation, hurricane and storm damage reduc- teristics of the land that are adopted by the tion, and environmental restoration equal- Pueblo and approved by the Secretary. are being denied the much needed ly.’’. beach restoration assistance by the (2) CONDITIONS.— f (A) IN GENERAL.—The land conveyed under Army Corps. subsection (a) shall be maintained as open In addition, by limiting beach res- AMENDMENTS SUBMITTED AND space, and the natural characteristics of the toration projects to storm and hurri- PROPOSED land shall be preserved in perpetuity. cane damage reduction, the Army SA 1783. Mr. DEWINE (for himself and Ms. (B) PROHIBITED USES.—The use of motor- Corps has established a policy that in- LANDRIEU) proposed an amendment to the ized vehicles (except on existing roads or as advertently aids more developed shore- bill H.R. 2765, making appropriations for the is necessary for the maintenance and repair lines than others. The method for de- government of the District of Columbia and of facilities used in connection with grazing other activities chargeable in whole or in operations), mineral extraction, housing, termining storm and hurricane damage reduction benefits is based on the as- part against the revenues of said District for gaming, and other commercial enterprises the fiscal year ending September 30, 2004, and shall be prohibited within the boundaries of sessed value of the private property for other purposes. the land conveyed under subsection (a). and public infrastructure immediately SA 1784. Mr. ENSIGN submitted an amend- (e) JUDICIAL RELIEF.— adjacent to the beach. Therefore, the ment intended to be proposed by him to the (1) IN GENERAL.—To enforce subsection (d), benefits will be much higher for dense- bill H.R. 2765, supra; which was ordered to lie any person may bring a civil action in the ly developed shorelines than less dense- on the table. United States District Court for the District SA 1785. Mr. GRAHAM, of South Carolina of New Mexico seeking declaratory or in- ly developed shorelines. For example, a (for himself and Mr. HOLLINGS) submitted an junctive relief. high-rise residential condominium or hotel would provide more storm reduc- amendment intended to be proposed by him (2) SOVEREIGN IMMUNITY.—The Pueblo shall to the bill S. 1584, making appropriations for not assert sovereign immunity as a defense tion benefits than a single family the Departments of Veterans Affairs and or bar to a civil action brought under para- home. Housing and Urban Development, and for graph (1). Accordingly, the National Beach sundry independent agencies, boards, com- (3) EFFECT.—Nothing in this section— Recreation and Economic Benefits Act missions, corporations, and offices for the (A) authorizes a civil action against the will ensure that recreation benefits are fiscal year ending September 30, 2004, and for Pueblo for money damages, costs, or attor- other purposes; which was ordered to lie on neys fees; or accorded the same considerations as storm and hurricane damage reduction the table. (B) except as provided in paragraph (2), ab- SA 1786. Mr. PRYOR (for himself, Mr. benefits. I urge my colleagues to sup- rogates the sovereign immunity of the Pueb- BREAUX, and Mr. LEAHY) submitted an lo. port this measure. I ask unanimous amendment intended to be proposed to (f) EFFECT.—Nothing in this section shall consent that the text of my bill be amendment SA 1783 proposed by Mr. have the effect of terminating or affecting printed in the RECORD. DEWINE (for himself and Ms. LANDRIEU) to the renewal of any validly issued right-of- There being no objection, the bill was the bill H.R. 2765, making appropriations for way or the customary operation, mainte- the government of the District of Columbia nance, repair, and replacement activities in ordered to be printed in the RECORD, as follows: and other activities chargeable in whole or such right-of-way, issued, granted, or per- in part against the revenues of said District S. 1653 mitted by the Secretary on the date of en- for the fiscal year ending September 30, 2004, actment of this Act. Be it enacted by the Senate and House of Rep- and for other purposes; which was ordered to resentatives of the United States of America in lie on the table. By Mr. INOUYE: Congress assembled, f S. 1653. A bill to ensure that rec- SECTION 1. SHORT TITLE. reational benefits are given the same This Act may be cited as the ‘‘National TEXT OF AMENDMENTS priority as hurricane and storm dam- Beach Recreation and Economic Benefits SA 1783. Mr. DEWINE (for himself age reduction benefits and environ- Act’’. and Ms. LANDRIEU) proposed an amend- mental restoration benefits; to the SEC. 2. GOALS TO BE ADDRESSED IN PLANNING ment to the bill H.R. 2765, making ap- Committee on Environment and Public OF WATER RESOURCE PROJECTS. Section 904 of the Water Resources Devel- propriations for the government of the Works. District of Columbia and other activi- Mr. INOUYE. Mr. President, I rise to opment Act of 1986 (33 U.S.C. 2281) is amend- ed to read as follows: ties chargeable in whole or in part introduce the National Beach Recre- against the revenues of said District ation and Economic Benefits Act. This ‘‘SEC. 904. GOALS TO BE ADDRESSED IN PLAN- NING OF WATER RESOURCE for the fiscal year ending September 30, measure would require the U.S. Army PROJECTS. 2004, and for other purposes; as follows: Corps of Engineers, Army Corps, to ‘‘(a) IN GENERAL.—Each of the goals of en- That the following sums are appropriated, give recreational benefits the same pri- hancing national economic development, the out of any money in the Treasury not other- ority as hurricane and storm damage quality of the total environment, the well- wise appropriated, for the District of Colum- reduction benefits when justifying being of the people of the United States, the bia and related agencies for the fiscal year beach restoration projects. prevention of loss of life, and the preserva- ending September 30, 2004, and for other pur- The Army Corps performs a valuable tion of cultural and historical values shall be poses, namely: service in protecting our nation’s addressed in the formulation and evaluation of water resources projects to be carried out TITLE I—FEDERAL FUNDS beaches against erosion. They have ef- by the Secretary. FEDERAL PAYMENT FOR RESIDENT TUITION fectively restored and repaired dam- ‘‘(b) DISPLAY OF ASSOCIATED BENEFITS AND SUPPORT aged beaches for over the past 50 years. COSTS.—The quantifiable and unquantifiable For a Federal payment to the District of Unfortunately, under current policy, costs and benefits associated with the goals Columbia, to be deposited into a dedicated

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account, for a nationwide program to be ad- of Columbia Court System, $40,006,000, of FEDERAL PAYMENT TO THE COURT SERVICES ministered by the Mayor, for District of Co- which not to exceed $1,500 is for official re- AND OFFENDER SUPERVISION AGENCY FOR lumbia resident tuition support, $17,000,000, ception and representation expenses; and THE DISTRICT OF COLUMBIA to remain available until expended: Provided, $39,936,000 for capital improvements for Dis- (INCLUDING TRANSFER OF FUNDS) That such funds, including any interest ac- trict of Columbia courthouse facilities: Pro- For salaries and expenses, including the crued thereon, may be used on behalf of eli- vided, That funds made available for capital transfer and hire of motor vehicles, of the gible District of Columbia residents to pay improvements shall be expended consistent Court Services and Offender Supervision an amount based upon the difference be- with the General Services Administration Agency for the District of Columbia, and the tween in-State and out-of-State tuition at master plan study and building evaluation Public Defender Service for the District of public institutions of higher education, or to report: Provided further, That notwith- Columbia as authorized by the National Cap- pay up to $2,500 each year at eligible private standing any other provision of law, all ital Revitalization and Self-Government Im- institutions of higher education: Provided amounts under this heading shall be appor- provement Act of 1997, $173,396,000, of which further, That the awarding of such funds may tioned quarterly by the Office of Manage- not to exceed $25,000 is for dues and assess- be prioritized on the basis of a resident’s aca- ment and Budget and obligated and expended ments relating to the implementation of the demic merit, the income and need of eligible in the same manner as funds appropriated Court Services and Offender Supervision students and such other factors as may be for salaries and expenses of other Federal Agency Interstate Supervision Act of 2002, of authorized: Provided further, That the Dis- agencies, with payroll and financial services which not to exceed $2,000 is for official re- trict of Columbia government shall maintain ceptions and representation expenses related a dedicated account for the Resident Tuition to be provided on a contractual basis with the General Services Administration (GSA), to Community and Pretrial Services Agency Support Program that shall consist of the Programs; of which $110,775,000 shall be for Federal funds appropriated to the Program said services to include the preparation of monthly financial reports, copies of which necessary expenses of Community Super- in this Act and any subsequent appropria- vision and Sex Offender Registration, to in- tions, any unobligated balances from prior shall be submitted directly by GSA to the President and to the Committees on Appro- clude expenses relating to the supervision of fiscal years, and any interest earned in this adults subject to protection orders or the priations of the House of Representatives or any fiscal year: Provided further, That the provision of services for or related to such and Senate, the Committee on Government account shall be under the control of the persons; of which $25,210,000 shall be trans- Reform of the House of Representatives, and District of Columbia Chief Financial Officer ferred to the Public Defender Service for the who shall use those funds solely for the pur- the Committee on Governmental Affairs of District of Columbia to include expenses re- poses of carrying out the Resident Tuition the Senate: Provided further, That funds lating to the provision of legal representa- Support Program: Provided further, That the made available for capital improvements tion and including related services provided Resident Tuition Support Program Office may remain available until September 30, to the local courts and Criminal Justice Act and the Office of the Chief Financial Officer 2005: Provided further, That 30 days after pro- bar; and of which $37,411,000 shall be avail- shall provide a quarterly financial report to viding written notice to the Committees on able to the Pretrial Services Agency: Pro- the Committees on Appropriations of the Appropriations of the House of Representa- vided, That notwithstanding any other provi- House of Representatives and Senate for tives and Senate, the District of Columbia sion of law, all amounts under this heading these funds showing, by object class, the ex- Courts may reallocate not more than shall be apportioned quarterly by the Office penditures made and the purpose therefor: $1,000,000 of the funds provided under this of Management and Budget and obligated Provided further, That not more than 7 per- heading among the items and entities funded and expended in the same manner as funds cent of the total amount appropriated for under such heading. appropriated for salaries and expenses of this program may be used for administrative other Federal agencies: Provided further, expenses. DEFENDER SERVICES IN DISTRICT OF COLUMBIA That notwithstanding chapter 33 of title 40, FEDERAL PAYMENT FOR EMERGENCY PLANNING COURTS United States Code, the Director shall ac- AND SECURITY COSTS IN THE DISTRICT OF CO- For payments authorized under section 11– quire by purchase, lease, condemnation, or LUMBIA 2604 and section 11–2605, D.C. Official Code donation, and renovate as necessary, Build- For necessary expenses, as determined by (relating to representation provided under ing Number 17, 1900 Massachusetts Avenue, the Mayor of the District of Columbia in the District of Columbia Criminal Justice Southeast, Washington, District of Columbia written consultation with the elected county Act), payments for counsel appointed in to house or supervise offenders and defend- or city officials of surrounding jurisdictions, ants, with funds made available for this pur- adoption proceedings under Chapter 3 of title $15,000,000, to remain available until ex- pose in Public Law 107–96: Provided further, 16, D.C. Code, payments for counsel ap- pended, to reimburse the District of Colum- That the Director is authorized to accept pointed in proceedings in the Family Court bia for the costs of public safety expenses re- and use gifts in the form of in-kind contribu- lated to security events in the District of Co- of the Superior Court of the District of Co- tions of space and hospitality to support of- lumbia and for the costs of providing support lumbia under chapter 23 of title 16, D.C. Offi- fender and defendant programs, and equip- to respond to immediate and specific ter- cial Code or pursuant to a contract with a ment and vocational training services to rorist threats or attacks in the District of non-profit organization to provide guardian educate and train offenders and defendants: Columbia or surrounding jurisdictions: Pro- ad litem representation, training, technical Provided further, That the Director shall keep vided, That any amount provided under this assistance and such other services as are accurate and detailed records of the accept- heading shall be available only after notice necessary to improve the quality of guardian ance and use of any gift or donation under of its proposed use has been transmitted by ad litem representation, and payments for the previous proviso, and shall make such the President to Congress and such amount counsel authorized under section 21–2060, records available for audit and public inspec- has been apportioned pursuant to chapter 15 D.C. Official Code (relating to representation tion: Provided further, That the Director is of title 31, United States Code. provided under the District of Columbia authorized to accept appropriation reim- FEDERAL PAYMENT FOR HOSPITAL BIOTER- Guardianship, Protective Proceedings, and bursements from the District of Columbia RORISM PREPAREDNESS IN THE DISTRICT OF Durable Power of Attorney Act of 1986), Government for space and services provided COLUMBIA $32,000,000, to remain available until ex- on a cost reimbursable basis: Provided fur- For a Federal payment to support hospital pended: Provided, That funds provided under ther, That these reimbursements are subject bioterrorism preparedness in the District of this heading shall be administered by the to approved apportionments from the Office Columbia, $10,000,000, of which $7,000,000 shall Joint Committee on Judicial Administration of Management and Budget. be for the Children’s National Medical Cen- in the District of Columbia: Provided further, FEDERAL PAYMENT TO THE CHIEF FINANCIAL ter in the District of Columbia for the expan- That notwithstanding any other provision of OFFICER OF THE DISTRICT OF COLUMBIA sion of quarantine facilities and the estab- law, this appropriation shall be apportioned For a Federal payment to the Chief Finan- lishment of a decontamination facility, and quarterly by the Office of Management and cial Officer of the District of Columbia, $3,000,000 shall be for the Washington Hos- Budget and obligated and expended in the $20,000,000: Provided, That these funds shall pital Center for construction of containment same manner as funds appropriated for ex- be available for the projects and in the facilities. penses of other Federal agencies, with pay- amounts specified in the statement of the FEDERAL PAYMENT TO THE DISTRICT OF roll and financial services to be provided on managers on the conference report accom- COLUMBIA COURTS a contractual basis with the General Serv- panying this Act: Provided further, That each For salaries and expenses for the District ices Administration (GSA), said services to entity that receives funding under this head- of Columbia Courts, $172,104,000, to be allo- include the preparation of monthly financial ing shall submit to the Committees on Ap- cated as follows: for the District of Columbia reports, copies of which shall be submitted propriations of the House of Representatives Court of Appeals, $8,775,000, of which not to directly by GSA to the President and to the and Senate a report due March 15, 2004, on exceed $1,500 is for official reception and rep- Committees on Appropriations of the House the activities carried out with such funds. resentation expenses; for the District of Co- of Representatives and Senate, the Com- FEDERAL PAYMENT FOR TRANSPORTATION lumbia Superior Court, $83,387,000, of which mittee on Government Reform of the House ASSISTANCE not to exceed $1,500 is for official reception of Representatives, and the Committee on For a Federal payment to the District of and representation expenses; for the District Governmental Affairs of the Senate. Columbia Department of Transportation,

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.043 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11919 $3,500,000, of which $500,000 shall be allocated be for the Washington Metropolitan Council students in the District of Columbia, only 6 to implement a downtown circulator transit of Governments to develop a program to pro- percent of the students tested at the pro- system, and of which $3,000,000 shall be to vide respite care for and recruitment of fos- ficient or advanced levels, and 77 percent offset a portion of the District of Columbia’s ter parents: Provided further, That the Mayor were below basic. In the most recent NAEP allocated operating subsidy payment to the shall submit a detailed expenditure plan for reading assessment, in 1998, only 10 percent Washington Metropolitan Area Transit Au- the use of funds provided under this heading of the District of Columbia fourth-graders thority. within 15 days of enactment of this legisla- could read proficiently, while 72 percent FEDERAL PAYMENT TO THE DISTRICT OF tion to the Committees on Appropriations of were below basic. At the 8th-grade level, 12 COLUMBIA WATER AND SEWER AUTHORITY the House of Representatives and Senate: percent were proficient or advanced and 56 For a Federal payment to the District of Provided further, That the funds provided percent were below basic. Columbia Water and Sewer Authority, under this heading shall not be made avail- (4) A program enacted for the valid secular $25,000,000, to remain available until ex- able until 30 calendar days after the submis- purpose of providing educational assistance pended, to continue implementing the Com- sion to Congress of a spending plan: Provided to low-income children in a demonstrably bined Sewer Overflow Long-Term Control further, That no part of this appropriation failing public school system is constitutional Plan: Provided, That the District of Columbia may be used for contractual community- under Zelman v. Simmons-Harris, 536 U.S. Water and Sewer Authority provides a 100 based services: Provided further, That the 639 (2002), if it is neutral with respect to reli- percent match for the fiscal year 2004 Fed- Comptroller General shall prepare and sub- gion and provides assistance to a broad class eral contribution. mit to the Committees on Appropriations of of citizens who direct government aid to reli- the House and Senate an accounting of all gious and secular schools solely as a result of FEDERAL PAYMENT FOR THE ANACOSTIA WA- obligations and expenditures of the funds their genuine and independent private TERFRONT INITIATIVE IN THE DISTRICT OF provided under this heading: Provided further, choices. COLUMBIA That the Comptroller General shall initiate (5) The Mayor of the District of Columbia For a Federal payment to the District of management reviews of the Child and Fam- and the President of the District of Columbia Columbia Department of Transportation, for ily Services Agency and the Department of Board of Education support this Act. implementation of the Anacostia Waterfront Mental Health and submit a report to the (6) This Act provides additional money for Initiative, $6,000,000, to remain available Committees on Appropriations of the House the District of Columbia public schools and until expended. and Senate no later than 6 months after en- therefore money for vouchers is not being FEDERAL PAYMENT TO THE DISTRICT OF actment of this Act. taken out of money that would otherwise go COLUMBIA FOR CAPITAL DEVELOPMENT FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT to the District of Columbia public schools. (7) This Act creates a 5-year pilot program For a Federal payment to the District of For a Federal payment for a School Im- tailored to the current needs and particular Columbia for capital development, $5,000,000, provement Program in the District of Co- circumstances of low-income children in Dis- to remain available until expended, for the lumbia, $40,000,000, to be allocated as follows: trict of Columbia schools. This Act does not Unified Communications Center. for the State Education Office, $13,000,000 to establish parameters or requirements for FEDERAL PAYMENT TO CHILDREN’S NATIONAL improve public school education in the Dis- other school choice programs. MEDICAL CENTER trict of Columbia; for the State Education For a Federal payment to Children’s Na- Office, $13,000,000 to expand quality charter SEC. 3. PURPOSE. tional Medical Center, $10,000,000, for con- schools in the District of Columbia; for the The purpose of this Act is to provide low- struction costs associated with the expan- Secretary of the Department of Education, income parents residing in the District of sion of a neo-natal care unit, pediatric inten- $13,000,000 to administer opportunity scholar- Columbia, particularly parents of students sive care unit, and cardiac intensive care ships for students in the District of Colum- who attend elementary schools or secondary unit. bia in accordance with title II of this Act: schools identified for improvement, correc- tive action, or restructuring under section FEDERAL PAYMENT TO ST. COLETTA OF Provided further, That $1,000,000 shall be for 1116 of the Elementary and Secondary Edu- GREATER WASHINGTON EXPANSION PROJECT administrative expenses necessary for car- cation Act of 1965 (20 U.S.C. 6316), with ex- For a Federal payment to St. Coletta of rying out title II of this Act: Provided, That the State Education Office shall submit a panded opportunities for enrolling their chil- Greater Washington, Inc., $2,000,000, for costs dren in higher-performing schools in the Dis- associated with establishment of a day pro- plan for the use of funds provided under this heading for public school education to the trict of Columbia. gram and comprehensive case management SEC. 4. GENERAL AUTHORITY. services for mentally retarded and multiple- Committees on Appropriations of the House (a) AUTHORITY.—From funds appropriated handicapped adolescents and adults in the of Representatives and Senate within 30 days of enactment of this Act: Provided further, to carry out this Act, the Secretary shall District of Columbia, including property ac- award grants on a competitive basis to eligi- quisition and construction. That the funds provided under this heading for public school education shall not be made ble entities with approved applications under FEDERAL PAYMENT FOR FOSTER CARE available until 30 calendar days after the section 5 to carry out activities to provide IMPROVEMENTS IN THE DISTRICT OF COLUMBIA submission of a spending plan by the State eligible students with expanded school For a Federal payment to the District of Education Office to the Committees on Ap- choice opportunities. The Secretary may Columbia for foster care improvements, propriations of the House of Representatives award a single grant or multiple grants, de- $14,000,000: Provided, That $9,000,000 shall be and Senate. pending on the quality of applications sub- for the Child and Family Services Agency, of TITLE II—DC STUDENT OPPORTUNITY mitted and the priorities of this Act. (b) DURATION OF GRANTS.—The Secretary which $2,000,000 shall be to establish an early SCHOLARSHIP ACT OF 2003 intervention unit to provide intensive and may make grants under this section for a pe- immediate services for foster children; of SECTION 1. SHORT TITLE. riod of not more than 5 years. which $1,000,000 shall be to establish an This Act may be cited as the ‘‘DC Student (c) MEMORANDUM OF UNDERSTANDING.—The emergency support fund to purchase items Opportunity Scholarship Act of 2003’’. Secretary and the Mayor of the District of necessary to allow children to remain in the SEC. 2. FINDINGS. Columbia shall enter into a memorandum of care of an approved family member; of which The Congress finds the following: understanding regarding the design of, selec- $3,000,000 shall be for a loan repayment pro- (1) Parents are best equipped to make deci- tion of eligible entities to receive grants gram for social workers who meet certain sions for their children, including the edu- under, and implementation of, a program as- agency-established requirements; of which cational setting that will best serve the in- sisted under this Act. $3,000,000 shall be to upgrade the agency’s terests and educational needs of their child. SEC. 5. APPLICATIONS. computer database to a web-based tech- (2) For many parents in the District of Co- (a) IN GENERAL.—In order to receive a nology and to provide computer technology lumbia, available educational alternatives to grant under this Act, an eligible entity shall for social workers: Provided further, That the public schools are inadequate, and more submit an application to the Secretary at $3,900,000 shall be for the Department of Men- educational options are needed. In par- such time, in such manner, and accompanied tal Health to provide all court-ordered men- ticular, funds are needed to assist low-in- by such information as the Secretary may tal health assessments and treatments for come parents to exercise choice among en- require. children under the supervision of the Child hanced public opportunities and private edu- (b) CONTENTS.—The Secretary may not ap- and Family Services Agency: Provided fur- cational environments, whether religious or prove the request of an eligible entity for a ther, That the Director of the Department of nonreligious. grant under this Act unless the entity’s ap- Mental Health shall ensure that court-or- (3) In the most recent mathematics assess- plication includes— dered mental health assessments are com- ment on the National Assessment of Edu- (1) a detailed description of— pleted within 15 days of the court order and cational Progress (NAEP), administered in (A) how the entity will address the prior- that all assessments be provided to the Court 2000, a lower percentage of 4th-grade stu- ities described in section 6; within 5 days of completion of the assess- dents in the District of Columbia dem- (B) how the entity will ensure that if more ment: Provided further, That the Director onstrated proficiency than was the case for eligible students seek admission in the pro- shall initiate court-ordered mental health any State. Seventy-six percent of the Dis- gram than the program can accommodate, services within 10 days of the issuance of an trict of Columbia fourth-graders scored at eligible students are selected for admission order: Provided further, That $1,100,000 shall the ‘‘below basic’’ level and of the 8th-grade through a random selection process which

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.043 S24PT1 S11920 CONGRESSIONAL RECORD — SENATE September 24, 2003 gives weight to the priorities described in gible student participating in the program, school, as a result of their parents’ choice, section 6; in a manner which ensures that such pay- shall not, consistent with the first amend- (C) how the entity will ensure that if more ments will be used for the payment of tui- ment of the United States Constitution, ne- participating eligible students seek admis- tion, fees, and transportation expenses (if cessitate any change in the participating sion to a participating school than the any), in accordance with this Act. school’s teaching mission, require any par- school can accommodate, participating eligi- (3) AMOUNT OF ASSISTANCE.— ticipating school to remove religious art, ble students are selected for admission (A) VARYING AMOUNTS PERMITTED.—Subject icons, scriptures, or other symbols, or pre- through a random selection process; to the other requirements of this section, a clude any participating school from retain- (D) how the entity will notify parents of el- grantee may award scholarships in larger ing religious terms in its name, selecting its igible students of the expanded choice oppor- amounts to those eligible students with the board members on a religious basis, or in- tunities and how the entity will ensure that greatest need. cluding religious references in its mission parents receive sufficient information about (B) ANNUAL LIMIT ON AMOUNT.—The amount statements and other chartering or gov- their options to allow the parents to make of assistance provided to any eligible student erning documents. informed decisions; by a grantee under a program under this Act (e) RULE OF CONSTRUCTION.—A scholarship (E) the activities that the entity will carry may not exceed $7,500 for any academic year. (or any other form of support provided to out to provide parents of eligible students (4) CONTINUATION OF SCHOLARSHIPS.—Not- parents of eligible students) under this Act with expanded choice opportunities through withstanding section 12(3)(B), an eligible en- shall be considered assistance to the student the awarding of scholarships under section tity receiving a grant under this Act may and shall not be considered assistance to the 7(a); award a scholarship, for the second or any school that enrolls the eligible student. The (F) how the entity will determine the succeeding year of an eligible student’s par- amount of any scholarship (or other form of amount that will be provided to parents for ticipation in a program under this Act, to a support provided to parents of an eligible the tuition, fees, and transportation ex- student who comes from a household whose student) under this Act shall not be treated penses, if any; income does not exceed 200 percent of the as income of the parents for purposes of Fed- (G) how the entity will seek out private el- poverty line. eral tax laws or for determining eligibility ementary schools and secondary schools in (b) ADMINISTRATIVE EXPENSES.—A grantee for any other Federal program. the District of Columbia to participate in may use not more than 3 percent of the the program, and will ensure that partici- amount provided under the grant each year SEC. 9. EVALUATIONS. pating schools will meet the applicable re- for the administrative expenses of carrying (a) IN GENERAL.— quirements of this Act (including those re- out its program under this Act during the (1) DUTIES OF SECRETARY.—The Secretary, lated to the admission of participating eligi- year, including— directly or by grant, contract, or cooperative ble students) and provide the information (1) determining the eligibility of students agreement, shall— needed for the entity to meet the reporting to participate; (A) conduct an evaluation using the requirements of this Act; (2) providing information about the pro- strongest possible research design for deter- (H) how the entity will ensure that partici- gram and the schools involved to parents of mining the effectiveness of the programs pating schools are financially responsible eligible students; funded under this Act that addresses the and will use the funds received under this (3) selecting students to receive scholar- issues described in paragraph (2); and title effectively; ships; (B) disseminate information on the impact (I) how the entity will address the renewal (4) determining the amount of scholarships of the programs in increasing the student of scholarships to participating eligible stu- and issuing the scholarships to eligible stu- academic achievement of participating stu- dents, including continued eligibility; and dents; dents, as well as other appropriate measures (J) how the entity will ensure that a ma- (5) compiling and maintaining financial of student success, and on the impact of the jority of its voting board members or gov- and programmatic records; and programs on students and schools in the Dis- erning organization are residents of the Dis- (6) providing funds to assist parents in trict of Columbia. trict of Columbia; and meeting expenses that might otherwise pre- (2) ISSUES TO BE EVALUATED.—The issues (2) an assurance that the entity will com- clude the participation of their child in the described in this paragraph include the fol- ply with all requests regarding any evalua- program. lowing: tion carried out under section 9. SEC. 8. NONDISCRIMINATION. (A) A comparison of the academic achieve- SEC. 6. PRIORITIES. (a) IN GENERAL.—An eligible entity or a ment of students who participate in the pro- In awarding grants under this Act, the Sec- school participating in any program under grams funded under this Act with the aca- retary shall give priority to applications this Act shall not discriminate against pro- demic achievement of students of similar from eligible entities who will most effec- gram participants or applicants on the basis backgrounds who do not participate in such tively— of race, color, national origin, religion, or programs, including a consideration of (1) give priority to eligible students who, sex. school factors that may contribute to any in the school year preceding the school year (b) APPLICABILITY AND SINGLE SEX differences in their academic achievement. for which the eligible student is seeking a SCHOOLS, CLASSES, OR ACTIVITIES.— (B) The success of the programs in expand- scholarship, attended an elementary school (1) APPLICABILITY.—Notwithstanding any ing choice options for parents. or secondary school identified for improve- other provision of law, the prohibition of sex (C) The reasons parents choose for their ment, corrective action, or restructuring discrimination in subsection (a) shall not children to participate in the programs. under section 1116 of the Elementary and apply to a participating school that is oper- (D) A comparison of the retention rates, Secondary Education Act of 1965 (20 U.S.C. ated by, supervised by, controlled by, or con- dropout rates, and (if appropriate) gradua- 6316); nected to a religious organization to the ex- tion and college admission rates of students (2) target resources to students and fami- tent that the application of subsection (a) is who participate in the programs funded lies that lack the financial resources to take inconsistent with the religious tenets of the under this Act with the retention rates, advantage of available educational options; school. dropout rates, and (if appropriate) gradua- and (2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI- tion and college admission rates of students (3) provide students and families with the TIES.—Notwithstanding subsection (a) or any of similar backgrounds who do not partici- widest range of educational options. other provision of law, a parent may choose pate in such programs. SEC. 7. USE OF FUNDS. and a school may offer a single sex school, (E) The impact of the program on students (a) SCHOLARSHIPS.— class, or activity. and public elementary schools and secondary (1) IN GENERAL.—Subject to paragraphs (2) (c) CHILDREN WITH DISABILITIES.—Nothing schools in the District of Columbia. and (3), a grantee shall use the grant funds to in this Act may be construed to alter or (F) A comparison of the safety of the provide eligible students with scholarships modify the provisions of the Individuals with schools attended by students who participate to pay the tuition, fees, and transportation Disabilities Education Act. in the programs and the schools attended by expenses, if any, to enable them to attend (d) RELIGIOUSLY AFFILIATED SCHOOLS.— students who do not participate in the pro- the District of Columbia private elementary (1) IN GENERAL.—Notwithstanding any grams. school or secondary school of their choice. other provision of law, a school participating (G) Such other issues as the Secretary con- Each grantee shall ensure that the amount in any program under this Act that is oper- siders appropriate for inclusion in the eval- of any tuition or fees charged by a school ated by, supervised by, controlled by, or con- uation. participating in the grantee’s program under nected to, a religious organization may exer- (b) REPORTS.—The Secretary shall submit this Act to an eligible student participating cise its discretion in matters of employment to the Committees on Appropriations, Edu- in the program does not exceed the amount consistent with title VII of the Civil Rights cation and the Workforce, and Government of tuition or fees that the school customarily Act of 1964 (42 U.S.C. 2000e–1 et seq.), includ- Reform of the House of Representatives and charges to students who do not participate ing the exemptions in such title. the Committees on Appropriations, Health, in the program. (2) MAINTENANCE OF PURPOSE.—Notwith- Education, Labor, and Pensions, and Govern- (2) PAYMENTS TO PARENTS.—A grantee shall standing any other provision of law, funds mental Affairs of the Senate— make scholarship payments under the pro- made available under this Act to eligible (1) annual interim reports not later than gram under this Act to the parent of the eli- students that are received by a participating December 1 of each year for which a grant is

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.043 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11921 made under this Act on the progress and pre- regarding evaluations conducted under sec- $3,832,734,000 shall be from local funds (of liminary results of the evaluation of the pro- tion 9(a). which $96,248,000 shall be funds identified in grams funded under this Act; and (b) RULES OF CONDUCT AND OTHER SCHOOL the fiscal year 2002 comprehensive annual fi- (2) a final report not later than 1 year after POLICIES.—A participating school may re- nancial report as the District of Columbia’s the final year for which a grant is made quire eligible students to abide by any rules fund balance funds), $1,568,734,000 shall be under this Act on the results of the evalua- of conduct and other requirements applica- from Federal grant funds, $13,766,000 shall be tion of the programs funded under this Act. ble to all other students at the school. from private funds, $910,904,000 shall be from (c) PUBLIC AVAILABILITY.—All reports and (c) ASSESSMENTS.—Each participating other funds) and $109,500,000 from funds pre- underlying data gathered pursuant to this school shall— viously appropriated in this Act as Federal section shall be made available to the public (1) ensure that participating eligible stu- payments: Provided further, That an amount upon request, in a timely manner following dents receive comparable academic assess- of $263,759,000 shall be for Intra-District submission of the applicable report under ments in the same grade levels as those pro- funds: Provided further, That this amount subsection (b), except that personally identi- vided to District of Columbia public school may be increased by proceeds of one-time fiable information shall not be disclosed or students, and ensure, to the maximum ex- transactions, which are expended for emer- made available to the public. tent possible, that the assessment results are gency or unanticipated operating or capital (d) LIMIT ON AMOUNT EXPENDED.—The capable of being compared to determine the needs: Provided further, That such increases amount expended by the Secretary to carry relative achievement levels between partici- shall be approved by enactment of local Dis- out this section for any fiscal year may not pating eligible students and District of Co- trict law and shall comply with all reserve exceed 3 percent of the total amount appro- lumbia public school students in the same requirements contained in the District of Co- priated to carry out this Act for the year. grades; and lumbia Home Rule Act: Provided further, That the Chief Financial Officer of the Dis- (2) ensure academic assessment results SEC. 10. REPORTING REQUIREMENTS. trict of Columbia shall take such steps as are containing any personally identifiable infor- (a) ACTIVITIES REPORTS.—Each grantee re- necessary to assure that the District of Co- mation shall be disclosed only to the parents ceiving funds under this Act during a year lumbia meets these requirements, including of the student taking the assessment. shall submit a report to the Secretary not the apportioning by the Chief Financial Offi- later than July 30 of the following year re- SEC. 12. DEFINITIONS. cer of the appropriations and funds made garding the activities carried out with the As used in this Act: available to the District during fiscal year funds during the preceding year. (1) ELEMENTARY SCHOOL.—The term ‘‘ele- 2004, except that the Chief Financial Officer (b) ACHIEVEMENT REPORTS.— mentary school’’ means an institutional day may not reprogram for operating expenses (1) IN GENERAL.—In addition to the reports or residential school, including a public ele- any funds derived from bonds, notes, or other required under subsection (a), each grantee mentary charter school, that provides ele- obligations issued for capital projects. shall, not later than September 1 of the year mentary education, as determined under Dis- GOVERNMENTAL DIRECTION AND SUPPORT trict of Columbia law. during which the second academic year of Governmental direction and support, (2) ELIGIBLE ENTITY.—The term ‘‘eligible the grantee’s program is completed and each $284,415,000 (including $206,825,000 from local entity’’ means any of the following: of the next 2 years thereafter, submit a re- funds, $57,440,000 from Federal funds, and port to the Secretary regarding the data col- (A) An educational entity of the District of $20,150,000 from other funds), in addition, lected in the previous 2 academic years con- Columbia Government. $20,000,000 from funds previously appro- cerning— (B) A nonprofit organization. priated in this Act under the heading ‘‘Fed- (A) the academic achievement of students (C) A consortium of nonprofit organiza- eral Payment to the Chief Financial Officer participating in the program; tions. of the District of Columbia’’, and $1,100,000 (B) the graduation and college admission (3) ELIGIBLE STUDENT.—The term ‘‘eligible from funds previously appropriated in this rates of students who participate in the pro- student’’ means a student who— Act under the heading ‘‘Federal Payment for gram, where appropriate; and (A) is a resident of the District of Colum- Foster Care Improvement in the District of (C) parental satisfaction with the program. bia; and Columbia’’: Provided, That not to exceed (2) PROHIBITING DISCLOSURE OF PERSONAL (B) comes from a household whose income $2,500 for the Mayor, $2,500 for the Chairman INFORMATION.—No report under this sub- does not exceed 185 percent of the poverty of the Council of the District of Columbia, section may contain any personally identifi- line. $2,500 for the City Administrator, and $2,500 able information. (4) PARENT.—The term ‘‘parent’’ has the for the Office of the Chief Financial Officer (c) REPORTS TO PARENT.— meaning given that term in section 9101 of shall be available from this appropriation for (1) IN GENERAL.—Each grantee shall ensure the Elementary and Secondary Education official purposes: Provided further, That any that each school participating in the grant- Act of 1965 (20 U.S.C. 7801). program fees collected from the issuance of ee’s program under this Act during a year re- (5) POVERTY LINE.—The term ‘‘poverty debt shall be available for the payment of ex- ports at least once during the year to the line’’ has the meaning given that term in penses of the debt management program of parents of each of the school’s students who section 9101 of the Elementary and Sec- the District of Columbia: Provided further, are participating in the program on— ondary Education Act of 1965 (20 U.S.C. 7801). That no revenues from Federal sources shall (A) the student’s academic achievement, as (6) SECONDARY SCHOOL.—The term ‘‘sec- be used to support the operations or activi- measured by a comparison with the aggre- ondary school’’ means an institutional day ties of the Statehood Commission and State- gate academic achievement of other partici- or residential school, including a public sec- hood Compact Commission: Provided further, pating students at the student’s school in ondary charter school, as determined under That the District of Columbia shall identify the same grade or level, as appropriate, and District of Columbia law, except that the the sources of funding for Admission to the aggregate academic achievement of the term does not include any education beyond Statehood from its own locally generated student’s peers at the student’s school in the grade 12. revenues: Provided further, That notwith- same grade or level, as appropriate; and (7) SECRETARY.—The term ‘‘Secretary’’ standing any other provision of law, or May- (B) the safety of the school, including the means the Secretary of Education. or’s Order 86–45, issued March 18, 1986, the Of- incidence of school violence, student suspen- SEC. 13. AUTHORIZATION OF APPROPRIATIONS. fice of the Chief Technology Officer’s dele- sions, and student expulsions. There are authorized to be appropriated to gated small purchase authority shall be (2) PROHIBITING DISCLOSURE OF PERSONAL carry out this Act such sums as may be nec- $500,000: Provided further, That the District of INFORMATION.—No report under this sub- essary. Columbia government may not require the section may contain any personally identifi- TITLE III—DISTRICT OF COLUMBIA Office of the Chief Technology Officer to sub- able information, except as to the student FUNDS mit to any other procurement review proc- who is the subject of the report to that stu- ess, or to obtain the approval of or be re- dent’s parent. OPERATING EXPENSES stricted in any manner by any official or em- (d) REPORT TO CONGRESS.—The Secretary DIVISION OF EXPENSES ployee of the District of Columbia govern- shall submit to the Committees on Appro- The following amounts are appropriated ment, for purchases that do not exceed priations, Education and the Workforce, and for the District of Columbia for the current $500,000: Provided further, That an amount Government Reform of the House of Rep- fiscal year out of the general fund of the Dis- not to exceed $25,000 of the funds in the Anti- resentatives and the Committees on Appro- trict of Columbia, except as otherwise spe- fraud Fund established pursuant to section priations, Health, Education, Labor, and cifically provided: Provided, That notwith- 820 of the District of Columbia Procurement Pensions, and Governmental Affairs of the standing any other provision of law, except Practices Act of 1985, effective May 8, 1998 Senate an annual report on the findings of as provided in section 450A of the District of (D.C. Law 12–104; D.C. Official Code, sec. 2– the reports submitted under subsections (a) Columbia Home Rule Act and provisions of 308.20), is hereby made available, to remain and (b). this Act (D.C. Official Code, sec. 1–204.50a), available until expended, for the use of the SEC. 11. OTHER REQUIREMENTS FOR PARTICI- the total amount appropriated in this Act Office of the Corporation Counsel of the Dis- PATING SCHOOLS. for operating expenses for the District of Co- trict of Columbia in accordance with the (a) REQUESTS FOR DATA AND INFORMA- lumbia for fiscal year 2004 under this heading laws establishing this fund. TION.—Each school participating in a pro- shall not exceed the lesser of the sum of the ECONOMIC DEVELOPMENT AND REGULATION gram funded under this Act shall comply total revenues of the District of Columbia Economic development and regulation, with all requests for data and information for such fiscal year or $6,326,138,000 (of which $276,647,000 (including $53,336,000 from local

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.043 S24PT1 S11922 CONGRESSIONAL RECORD — SENATE September 24, 2003 funds, $91,077,000 from Federal funds, $125,000 law, there shall be appropriated to the Dis- of the District of Columbia for fiscal year from private funds, and $132,109,000 from trict of Columbia Public Schools on July 1, 2005 (as submitted to Congress), and the other funds), of which $15,000,000 collected by 2004, an amount equal to 10 percent of the amount of such payment shall be chargeable the District of Columbia in the form of BID total amount provided for the District of Co- against the final amount provided for such tax revenue shall be paid to the respective lumbia Public Schools in the proposed budg- payments under the District of Columbia Ap- BIDs pursuant to the Business Improvement et of the District of Columbia for fiscal year propriations Act, 2005. Districts Act of 1996 (D.C. Law 11–134; D.C. 2005 (as submitted to Congress), and the (4) UNIVERSITY OF THE DISTRICT OF COLUM- Official Code, sec. 2–1215.01 et seq.), and the amount of such payment shall be chargeable BIA.—$80,660,000 (including $48,656,000 from Business Improvement Districts Amendment against the final amount provided for the local funds, $11,867,000 from Federal funds, Act of 1997 (D.C. Law 12–26; D.C. Official District of Columbia Public Schools under $703,000 from private funds, and $19,434,000 Code, sec. 2–1215.15 et seq.): Provided, That the District of Columbia Appropriations Act, from other funds) shall be available for the such funds are available for acquiring serv- 2005: Provided further, That not to exceed University of the District of Columbia: Pro- ices provided by the General Services Ad- $2,500 for the Superintendent of Schools shall vided, That this appropriation shall not be ministration: Provided further, That Business be available from this appropriation for offi- available to subsidize the education of non- Improvement Districts shall be exempt from cial purposes: Provided further, That the Dis- residents of the District of Columbia at the taxes levied by the District of Columbia. trict of Columbia Public Schools shall sub- University of the District of Columbia, un- mit to the Board of Education by January 1 PUBLIC SAFETY AND JUSTICE less the Board of Trustees of the University and July 1 of each year a Schedule A show- of the District of Columbia adopts, for the Public safety and justice, $745,958,000 (in- ing all the current funded positions of the fiscal year ending September 30, 2004, a tui- cluding $716,715,000 from local funds, District of Columbia Public Schools, their tion rate schedule that will establish the tui- $10,290,000 from Federal funds, $9,000 from compensation levels, and indicating whether tion rate for nonresident students at a level private funds, and $18,944,000 from other the positions are encumbered: Provided fur- no lower than the nonresident tuition rate funds): Provided, That not to exceed $500,000 ther, That the Board of Education shall ap- charged at comparable public institutions of shall be available from this appropriation for prove or disapprove each Schedule A within higher education in the metropolitan area: the Chief of Police for the prevention and de- 30 days of its submission and provide the Provided further, That notwithstanding the tection of crime: Provided further, That the Council of the District of Columbia a copy of amounts otherwise provided under this head- Mayor shall reimburse the District of Colum- the Schedule A upon its approval. ing or any other provision of law, there shall bia National Guard for expenses incurred in (2) STATE EDUCATION OFFICE.—$38,752,000 be appropriated to the University of the Dis- connection with services that are performed (including $9,959,000 from local funds, trict of Columbia on July 1, 2004, an amount in emergencies by the National Guard in a $28,617,000 from Federal grant funds, and equal to 10 percent of the total amount pro- militia status and are requested by the $176,000 from other funds), in addition, vided for the University of the District of Co- Mayor, in amounts that shall be jointly de- $17,000,000 from funds previously appro- lumbia in the proposed budget of the District termined and certified as due and payable for priated in this Act under the heading ‘‘Fed- of Columbia for fiscal year 2005 (as submitted these services by the Mayor and the Com- eral Payment for Resident Tuition Support’’ to Congress), and the amount of such pay- manding General of the District of Columbia and $26,000,000 from funds previously appro- ment shall be chargeable against the final National Guard: Provided further, That such priated in this Act under the heading ‘‘Fed- amount provided for the University of the sums as may be necessary for reimbursement eral Payment for School Improvement in the District of Columbia under the District of to the District of Columbia National Guard District of Columbia’’ shall be available for Columbia Appropriations Act, 2005: Provided under the preceding proviso shall be avail- the State Education Office: Provided, That of further, That not to exceed $2,500 for the able from this appropriation, and the avail- the amounts provided to the State Education President of the University of the District of ability of the sums shall be deemed as con- Office, $500,000 from local funds shall remain Columbia shall be available from this appro- stituting payment in advance for emergency available until June 30, 2005 for an audit of priation for official purposes. services involved. the student enrollment of each District of (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR- Columbia Public School and of each District PUBLIC EDUCATION SYSTEM IES.—$28,287,000 (including $26,750,000 from of Columbia public charter school. (INCLUDING TRANSFERS OF FUNDS) local funds, $1,000,000 from Federal funds, (3) DISTRICT OF COLUMBIA PUBLIC CHARTER and $537,000 from other funds) shall be avail- Public education system, including the de- SCHOOLS.—$137,531,000 from local funds shall velopment of national defense education pro- be available for District of Columbia public able for the District of Columbia Public Li- grams, $1,157,841,000 (including $962,941,000 charter schools: Provided, That there shall be braries: Provided, That not to exceed $2,000 from local funds, $156,708,000 from Federal quarterly disbursement of funds to the Dis- for the Public Librarian shall be available grant funds, $4,302,000 from private funds, trict of Columbia public charter schools, from this appropriation for official purposes. and not to exceed $6,816,000, to remain avail- with the first payment to occur within 15 (6) COMMISSION ON THE ARTS AND HUMAN- able until expended, from the Medicaid and days of the beginning of the fiscal year: Pro- ITIES.—$2,476,000 (including $1,601,000 from Special Education Reform Fund), in addi- vided further, That if the entirety of this al- local funds, $475,000 from Federal funds, and tion, $17,000,000 from funds previously appro- location has not been provided as payments $400,000 from other funds) shall be available priated in this Act under the heading ‘‘Fed- to any public charter school currently in op- for the Commission on the Arts and Human- eral Payment for Resident Tuition Support’’ eration through the per pupil funding for- ities. and $26,000,000 from funds previously appro- mula, the funds shall be available as follows: HUMAN SUPPORT SERVICES priated in this Act under the heading ‘‘Fed- (1) the first $3,000,000 shall be deposited in (INCLUDING TRANSFER OF FUNDS) eral Payment for School Improvement in the the Credit Enhancement Revolving Fund es- Human support services, $2,360,067,000 (in- District of Columbia’’, to be allocated as fol- tablished pursuant to section 603(e) of the cluding $1,030,223,000 from local funds, lows: Student Loan Marketing Association Reor- $1,247,945,000 from Federal funds, $9,330,000 (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— ganization Act of 1996, approved September from private funds, and $24,330,000 from other $870,135,000 (including $738,444,000 from local 20, 1996 (Public Law 104–208; 110 Stat. 3009; 20 funds, of which $48,239,000, to remain avail- funds, $114,749,000 from Federal funds, U.S.C. 1155(e)); and (2) the balance shall be able until expended, shall be available for de- $3,599,000 from private funds, and $6,527,000 for public education in accordance with sec- posit in the Medicaid and Special Education from other funds shall be available for Dis- tion 2403(b)(2) of the District of Columbia Reform Fund established pursuant to the trict of Columbia Public Schools: Provided, School Reform Act of 1995, approved Novem- Medicaid and Special Education Reform That notwithstanding any other provision of ber 19, 1997 (Public Law 105–100, section 172; Fund Establishment Act of 2002, effective Oc- law, rule, or regulation, the evaluation proc- D.C. Official Code, section 38–1804.03(b)(2)): tober 1, 2002 (D.C. Law 14–190; D.C. Official ess and instruments for evaluating District Provided further, That of the amounts made Code 4–204.51 et seq.)), in addition, $12,900,000 of Columbia Public School employees shall available to District of Columbia public from funds previously appropriated in this be a non-negotiable item for collective bar- charter schools, $25,000 shall be made avail- Act under the heading ‘‘Federal Payment to gaining purposes: Provided further, That this able to the Office of the Chief Financial Offi- Foster Care Improvement in the District of appropriation shall not be available to sub- cer as authorized by section 2403(b)(6) of the Columbia’’: Provided, That the funds depos- sidize the education of any nonresident of District of Columbia School Reform Act of ited in the Medicaid and Special Education the District of Columbia at any District of 1995 (D.C. Official Code, sec. 38–1804.03(b)(6)): Reform Fund are allocated as follows: no Columbia public elementary or secondary Provided further, That $660,000 of this amount more than $6,816,000 for District of Columbia school during fiscal year 2004, unless the shall be available to the District of Columbia Public Schools, no more than $18,744,000 for nonresident pays tuition to the District of Public Charter School Board for administra- Child and Family Services, no more than Columbia at a rate that covers 100 percent of tive costs: Provided further, That notwith- $7,795,000 for the Department of Human Serv- the costs incurred by the District of Colum- standing the amounts otherwise provided ices, and no more than $21,700,000 for the De- bia that are attributable to the education of under this heading or any other provision of partment of Mental Health: Provided further, the nonresident (as established by the Super- law, there shall be appropriated to the Dis- That $27,959,000 of this appropriation, to re- intendent of the District of Columbia Public trict of Columbia public charter schools on main available until expended, shall be Schools): Provided further, That notwith- July 1, 2004, an amount equal to 25 percent of available solely for District of Columbia em- standing the amounts otherwise provided the total amount provided for payments to ployees’ disability compensation: Provided under this heading or any other provision of public charter schools in the proposed budget further, That $7,500,000 of this appropriation,

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.043 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11923 to remain available until expended, shall be been entered against the District of Colum- for the Combined Sewer Overflow Long-Term deposited in the Addiction Recovery Fund, bia government, $22,522,000: Provided, That Control Plan, $5,993,000 for the stormwater established pursuant to section 5 of the this appropriation shall not be construed as program, $24,431,000 for the water program, Choice in Drug Treatment Act of 2000 (D.C. modifying or affecting the provisions of sec- and $11,148,000 for the capital equipment pro- Law 13–146; D.C. Official Code, sec. 7–3004) tion 103 of this Act. gram, in addition, $25,000,000 from funds pre- and used exclusively for the purpose of the WILSON BUILDING viously appropriated in this Act under the Drug Treatment Choice Program established heading ‘‘Federal Payment to the District of For expenses associated with the John A. pursuant to section 4 of the Choice in Drug Columbia Water and Sewer Authority’’. Wilson Building, $3,704,000 from local funds. Treatment Act of 2000 (D.C. Law 13–146; D.C. WASHINGTON AQUEDUCT Official Code, sec. 7–3003): Provided further, WORKFORCE INVESTMENTS For operation of the Washington Aqueduct, That no less than $2,000,000 of this appropria- For workforce investments, $22,308,000 $55,553,000 from other funds. tion shall be available exclusively for the from local funds, to be transferred by the purpose of funding the pilot substance abuse Mayor of the District of Columbia within the STORMWATER PERMIT COMPLIANCE program for youth ages 14 through 21 years various appropriation headings in this Act ENTERPRISE FUND established pursuant to section 4212 of the for which employees are properly payable. For operation of the Stormwater Permit Pilot Substance Abuse Program for Youth NON-DEPARTMENTAL AGENCY Compliance Enterprise Fund, $3,501,000 from Act of 2001 (D.C. Law 14–28; D.C. Official other funds. Code, sec. 7–3101): Provided further, That To account for anticipated costs that can- LOTTERY AND CHARITABLE GAMES ENTERPRISE $4,500,000 of this appropriation, to remain not be allocated to specific agencies during FUND available until expended, shall be deposited the development of the proposed budget, in the Interim Disability Assistance Fund es- $19,639,000 (including $11,455,000 from local For the Lottery and Charitable Games En- tablished pursuant to section 201 of the Dis- funds, and $8,184,000 from other funds) to be terprise Fund, established by the District of trict of Columbia Public Assistance Act of transferred by the Mayor of the District of Columbia Appropriation Act, 1982, for the 1982 (D.C. Law 4–101; D.C. Official Code, sec. Columbia within the various appropriation purpose of implementing the Law to Legalize 4–202.01), to be used exclusively for the In- headings in this Act: Provided, That $5,000,000 Lotteries, Daily Numbers Games, and Bingo terim Disability Assistance program and the in local funds shall be available to meet con- and Raffles for Charitable Purposes in the purposes for that program set forth in sec- tractual obligations, and $11,455,000 in local District of Columbia (D.C. Law 3–172; D.C. tion 407 of the District of Columbia Public funds shall be for anticipated costs associ- Official Code, sec. 3–1301 et seq. and sec. 22– Assistance Act of 1982 (D.C. Law 13–252; D.C. ated with the No Child Left Behind Act. 1716 et seq.), $242,755,000: Provided, That the Official Code, sec. 4–204.07): Provided further, EMERGENCY PLANNING AND SECURITY COSTS District of Columbia shall identify the source of funding for this appropriation title That no less than $640,531 of this appropria- From funds previously appropriated in this from the District’s own locally generated tion shall be available exclusively for the Act under the heading ‘‘Federal Payment for revenues: Provided further, That no revenues purpose of funding the Burial Assistance Emergency Planning and Security Costs in from Federal sources shall be used to support Program established by section 1802 of the the District of Columbia’’, $15,000,000. Burial Assistance Program Reestablishment the operations or activities of the Lottery Act of 1999, effective October 20, 1999 (D.C. TRANSPORTATION ASSISTANCE and Charitable Games Control Board. Law 13–38; D.C. Official Code, section 4–1001). From funds previously appropriated in this SPORTS AND ENTERTAINMENT COMMISSION Act under the heading ‘‘Federal Payment for PUBLIC WORKS For the Sports and Entertainment Com- Transportation Assistance’’, $3,500,000. Public works, including rental of one pas- mission, $13,979,000 from local funds. senger-carrying vehicle for use by the Mayor PAY-AS-YOU-GO CAPITAL DISTRICT OF COLUMBIA RETIREMENT BOARD and three passenger-carrying vehicles for use For Pay-As-You-Go Capital funds in lieu of For the District of Columbia Retirement by the Council of the District of Columbia capital financing, $11,267,000, to be trans- Board, established pursuant to section 121 of and leasing of passenger-carrying vehicles, ferred to the Capital Fund, subject to the the District of Columbia Retirement Reform $327,046,000 (including $308,028,000 from local Criteria for Spending Pay-as-You-Go Fund- Act of 1979 (D.C. Official Code, sec. 1–711), funds, $5,274,000 from Federal funds, and ing Amendment Act of 2003, approved by the $13,895,000 from the earnings of the applica- $13,744,000 from other funds): Provided, That Council of the District of Columbia on 1st ble retirement funds to pay legal, manage- this appropriation shall not be available for reading, May 6, 2003 (Title 25 of Bill 15–218). ment, investment, and other fees and admin- collecting ashes or miscellaneous refuse Pursuant to this Act, there are authorized to istrative expenses of the District of Colum- from hotels and places of business. be transferred from Pay-As-You-Go Capital bia Retirement Board: Provided, That the EMERGENCY AND CONTINGENCY RESERVE funds to other headings of this Act, as nec- District of Columbia Retirement Board shall FUNDS essary to carry out the purposes of this Act. provide to the Congress and to the Council of For the emergency reserve fund and the TAX INCREMENT FINANCING PROGRAM the District of Columbia a quarterly report contingency reserve fund under section 450A For a Tax Increment Financing Program, of the allocations of charges by fund and of of the District of Columbia Home Rule Act $1,940,000 from local funds. expenditures of all funds: Provided further, (D.C. Official Code, sec. 1–204.50a), such That the District of Columbia Retirement amounts from local funds as are necessary to CASH RESERVE Board shall provide the Mayor, for trans- meet the balance requirements for such For the cumulative cash reserve estab- mittal to the Council of the District of Co- funds under such section. lished pursuant to section 202(j)(2) of the Dis- lumbia, an itemized accounting of the trict of Columbia Financial Responsibility REPAYMENT OF LOANS AND INTEREST planned use of appropriated funds in time for and Management Assistance Act of 1995, ap- For payment of principal, interest, and each annual budget submission and the ac- proved April 17, 1995 (Public Law 107–96; D.C. certain fees directly resulting from bor- tual use of such funds in time for each an- Official Code, section 47–392.02(j)(2)), rowing by the District of Columbia to fund nual audited financial report. District of Columbia capital projects as au- $50,000,000 from local funds. WASHINGTON CONVENTION CENTER ENTERPRISE thorized by sections 462, 475, and 490 of the MEDICAID DISALLOWANCE FUND District of Columbia Home Rule Act (D.C. For making refunds associated with dis- For the Washington Convention Center En- Official Code, secs. 1–204.62, 1–204.75, and 1– allowed Medicaid funding an amount not to terprise Fund, $69,742,000 from other funds. 204.90), $311,504,000 from local funds: Provided, exceed $57,000,000 in local funds to remain That for equipment leases, the Mayor may available until expended: Provided, That NATIONAL CAPITAL REVITALIZATION finance $14,300,000 of equipment cost, plus funds are derived from a transfer from the CORPORATION cost of issuance not to exceed 2 percent of funds identified in the fiscal year 2002 com- For the National Capital Revitalization the par amount being financed on a lease prehensive annual financial report as the Corporation, $7,849,000 from other funds. purchase basis with a maturity not to exceed District of Columbia’s Grants Disallowance CAPITAL OUTLAY 5 years. balance. (INCLUDING RESCISSIONS) PAYMENT OF INTEREST ON SHORT-TERM ENTERPRISE AND OTHER FUNDS BORROWING For construction projects, an increase of WATER AND SEWER AUTHORITY For payment of interest on short-term bor- $1,004,796,000, of which $601,708,000 shall be rowing, $3,000,000 from local funds. For operation of the Water and Sewer Au- from local funds, $46,014,000 from Highway thority, $259,095,000 from other funds, of Trust funds, $38,311,000 from the Rights-of- CERTIFICATES OF PARTICIPATION which $18,692,000 shall be apportioned for re- way funds, $218,880,000 from Federal funds, For principal and interest payments on the payment of loans and interest incurred for and a rescission of $99,884,000 from local District’s Certificates of Participation, capital improvement projects ($18,094,000 and funds appropriated under this heading in issued to finance the ground lease underlying payable to the District’s debt service fund). prior fiscal years, for a net amount of the building located at One Judiciary For construction projects, $199,807,000, to $904,913,000, to remain available until ex- Square, $4,911,000 from local funds. be distributed as follows: $99,449,000 for the pended, in addition, $5,000,000 from funds pre- SETTLEMENTS AND JUDGMENTS Blue Plains Wastewater Treatment Plant, viously appropriated in this Act under the For making refunds and for the payment of $16,739,000 for the sewer program, $42,047,000 heading ‘‘Federal Payment for Capital De- legal settlements or judgments that have for the combined sewer program, $42,047,000 velopment in the District of Columbia’’ and

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24PT1 S11924 CONGRESSIONAL RECORD — SENATE September 24, 2003

$6,000,000 from funds previously appropriated tion of fees available to the agencies funded SEC. 114. (a) In the event a sequestration in this Act for the ‘‘Anacostia Waterfront by this Act, shall be available for obligation order is issued pursuant to the Balanced Initiative’’: Provided, That funds for use of or expenditure for an agency through a re- Budget and Emergency Deficit Control Act each capital project implementing agency programming of funds which— of 1985 after the amounts appropriated to the shall be managed and controlled in accord- (1) creates new programs; District of Columbia for the fiscal year in- ance with all procedures and limitations es- (2) eliminates a program, project, or re- volved have been paid to the District of Co- tablished under the Financial Management sponsibility center; lumbia, the Mayor of the District of Colum- System: Provided further, That all funds pro- (3) establishes or changes allocations spe- bia shall pay to the Secretary of the Treas- vided by this appropriation title shall be cifically denied, limited or increased under ury, within 15 days after receipt of a request available only for the specific projects and this Act; therefor from the Secretary of the Treasury, purposes intended. (4) increases funds or personnel by any such amounts as are sequestered by the TITLE IV—GENERAL PROVISIONS means for any program, project, or responsi- order: Provided, That the sequestration per- bility center for which funds have been de- centage specified in the order shall be ap- SEC. 101. Whenever in this Act, an amount nied or restricted; plied proportionately to each of the Federal is specified within an appropriation for par- (5) reestablishes any program or project appropriation accounts in this Act that are ticular purposes or objects of expenditure, previously deferred through reprogramming; not specifically exempted from sequestration such amount, unless otherwise specified, (6) augments any existing program, by such Act. shall be considered as the maximum amount project, or responsibility center through a (b) For purposes of the Balanced Budget that may be expended for said purpose or ob- reprogramming of funds in excess of and Emergency Deficit Control Act of 1985, ject rather than an amount set apart exclu- $1,000,000 or 10 percent, whichever is less; or the term ‘‘program, project, and activity’’ sively therefor. (7) increases by 20 percent or more per- shall be synonymous with and refer specifi- SEC. 102. Appropriations in this Act shall cally to each account appropriating Federal be available for expenses of travel and for sonnel assigned to a specific program, project or responsibility center, funds in this Act, and any sequestration the payment of dues of organizations con- order shall be applied to each of the accounts cerned with the work of the District of Co- unless the Committees on Appropriations of rather than to the aggregate total of those lumbia government, when authorized by the the House of Representatives and Senate are accounts: Provided, That sequestration or- Mayor: Provided, That in the case of the notified in writing 30 days in advance of the ders shall not be applied to any account that Council of the District of Columbia, funds reprogramming. is specifically exempted from sequestration may be expended with the authorization of (b) None of the local funds contained in by the Balanced Budget and Emergency Def- the Chairman of the Council. this Act may be available for obligation or icit Control Act of 1985. SEC. 103. There are appropriated from the expenditure for an agency through a transfer SEC. 115. (a)(1) An entity of the District of applicable funds of the District of Columbia of any local funds from one appropriation Columbia government may accept and use a such sums as may be necessary for making heading to another unless the Committees gift or donation during fiscal year 2004 if— refunds and for the payment of legal settle- on Appropriations of the House of Represent- (A) the Mayor approves the acceptance and ments or judgments that have been entered atives and Senate are notified in writing 30 use of the gift or donation (except as pro- against the District of Columbia govern- days in advance of the transfer, except that vided in paragraph (2) of this subsection); ment: Provided, That nothing contained in in no event may the amount of any funds and this section shall be construed as modifying transferred exceed 4 percent of the local (B) the entity uses the gift or donation to or affecting the provisions of section 11(c)(3) funds in the appropriation. carry out its authorized functions or duties. of title XII of the District of Columbia In- SEC. 110. Consistent with the provisions of (2) The Council of the District of Columbia come and Franchise Tax Act of 1947 (D.C. Of- section 1301(a) of title 31, United States and the District of Columbia courts may ac- ficial Code, sec. 47–1812.11(c)(3)). Code, appropriations under this Act shall be cept and use gifts without prior approval by SEC. 104. No part of any appropriation con- applied only to the objects for which the ap- the Mayor. tained in this Act shall remain available for propriations were made except as otherwise (b) Each entity of the District of Columbia obligation beyond the current fiscal year un- provided by law. government shall keep accurate and detailed less expressly so provided herein. SEC. 111. Notwithstanding any other provi- records of the acceptance and use of any gift SEC. 105. No funds appropriated in this Act sions of law, the provisions of the District of or donation under subsection (a), and shall for the District of Columbia government for Columbia Government Comprehensive Merit make such records available for audit and the operation of educational institutions, Personnel Act of 1978 (D.C. Law 2–139; D.C. public inspection. the compensation of personnel, or for other Official Code, sec. 1–601.01 et seq.), enacted (c) For the purposes of this section, the educational purposes may be used to permit, pursuant to section 422(3) of the District of term ‘‘entity of the District of Columbia encourage, facilitate, or further partisan po- Columbia Home Rule Act (D.C. Official Code, government’’ includes an independent agen- litical activities. Nothing herein is intended sec. 1–204.22(3)), shall apply with respect to cy of the District of Columbia. (d) This section shall not apply to the Dis- to prohibit the availability of school build- the compensation of District of Columbia trict of Columbia Board of Education, which ings for the use of any community or par- employees: Provided, That for pay purposes, may, pursuant to the laws and regulations of tisan political group during non-school employees of the District of Columbia gov- the District of Columbia, accept and use hours. ernment shall not be subject to the provi- gifts to the public schools without prior ap- SEC. 106. None of the funds appropriated in sions of title 5, United States Code. proval by the Mayor. this Act shall be made available to pay the SEC. 112. No later than 30 days after the SEC. 116. None of the Federal funds pro- end of the first quarter of fiscal year 2004, salary of any employee of the District of Co- vided in this Act may be used by the District the Mayor of the District of Columbia shall lumbia government whose name, title, grade, of Columbia to provide for salaries, expenses, and salary are not available for inspection submit to the Council of the District of Co- or other costs associated with the offices of by the Committees on Appropriations of the lumbia and the Committees on Appropria- United States Senator or United States Rep- House of Representatives and Senate, the tions of the House of Representatives and resentative under section 4(d) of the District Committee on Government Reform of the Senate the new fiscal year 2004 revenue esti- of Columbia Statehood Constitutional Con- House of Representatives, the Committee on mates as of the end of such quarter. These vention Initiatives of 1979 (D.C. Law 3–171; Governmental Affairs of the Senate, and the estimates shall be used in the budget request D.C. Official Code, sec. 1–123). Council of the District of Columbia, or their for fiscal year 2005. The officially revised es- SEC. 117. None of the funds appropriated duly authorized representative. timates at midyear shall be used for the mid- under this Act shall be expended for any SEC. 107. None of the Federal funds pro- year report. abortion except where the life of the mother vided in this Act may be used for publicity SEC. 113. No sole source contract with the would be endangered if the fetus were carried or propaganda purposes or implementation District of Columbia government or any to term or where the pregnancy is the result of any policy including boycott designed to agency thereof may be renewed or extended of an act of rape or incest. support or defeat legislation pending before without opening that contract to the com- SEC. 118. None of the Federal funds made Congress or any State legislature. petitive bidding process as set forth in sec- available in this Act may be used to imple- SEC. 108. (a) None of the Federal funds pro- tion 303 of the District of Columbia Procure- ment or enforce the Health Care Benefits Ex- vided in this Act may be used to carry out ment Practices Act of 1985 (D.C. Law 6–85; pansion Act of 1992 (D.C. Law 9–114; D.C. Offi- lobbying activities on any matter. D.C. Official Code, sec. 2–303.03), except that cial Code, sec. 32–701 et seq.) or to otherwise (b) Nothing in this section may be con- the District of Columbia government or any implement or enforce any system of registra- strued to prohibit any elected official from agency thereof may renew or extend sole tion of unmarried, cohabiting couples, in- advocating with respect to any issue. source contracts for which competition is cluding but not limited to registration for SEC. 109. (a) None of the funds provided not feasible or practical, but only if the de- the purpose of extending employment, under this Act to the agencies funded by this termination as to whether to invoke the health, or governmental benefits to such Act, both Federal and District government competitive bidding process has been made couples on the same basis that such benefits agencies, that remain available for obliga- in accordance with duly promulgated rules are extended to legally married couples. tion or expenditure in fiscal year 2004, or and procedures and has been reviewed and SEC. 119. (a) Notwithstanding any other provided from any accounts in the Treasury certified by the Chief Financial Officer of the provision of this Act, the Mayor, in consulta- of the United States derived by the collec- District of Columbia. tion with the Chief Financial Officer of the

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11925 District of Columbia may accept, obligate, ment of the goods and services involved Substances Act (21 U.S.C. 802) or any and expend Federal, private, and other under the applicable regulations and proce- tetrahydrocannabinols derivative. grants received by the District government dures of the District government would dif- (b) The Legalization of Marijuana for Med- that are not reflected in the amounts appro- fer from the procurement of the goods and ical Treatment Initiative of 1998, also known priated in this Act. services involved under the Federal supply as Initiative 59, approved by the electors of (b) No such Federal, private, or other grant schedule and other applicable regulations the District of Columbia on November 3, may be accepted, obligated, or expended pur- and procedures of the General Services Ad- 1998, shall not take effect. suant to subsection (a) until— ministration, including an analysis of any SEC. 127. Nothing in this Act may be con- (1) the Chief Financial Officer of the Dis- differences in the costs to be incurred and strued to prevent the Council or Mayor of trict of Columbia submits to the Council a the time required to obtain the goods or the District of Columbia from addressing the report setting forth detailed information re- services. issue of the provision of contraceptive cov- garding such grant; and SEC. 122. None of the funds contained in erage by health insurance plans, but it is the (2) the Council within 15 calendar days this Act may be used for purposes of the an- intent of Congress that any legislation en- after receipt of the report submitted under nual independent audit of the District of Co- acted on such issue should include a ‘‘con- paragraph (1) has reviewed and approved the lumbia government for fiscal year 2004 un- science clause’’ which provides exceptions acceptance, obligation, and expenditure of less— for religious beliefs and moral convictions. SEC. 128. (a) If the Superior Court of the such grant. (1) the audit is conducted by the Inspector District of Columbia or the District of Co- (c) No amount may be obligated or ex- General of the District of Columbia, in co- lumbia Court of Appeals does not make a pended from the general fund or other funds ordination with the Chief Financial Officer of the District of Columbia government in payment described in subsection (b) prior to of the District of Columbia, pursuant to sec- the expiration of the 45-day period which be- anticipation of the approval or receipt of a tion 208(a)(4) of the District of Columbia Pro- grant under subsection (b)(2) or in anticipa- gins on the date the Court receives a com- curement Practices Act of 1985 (D.C. Official pleted voucher for a claim for the payment, tion of the approval or receipt of a Federal, Code, sec. 2–302.8); and interest shall be assessed against the amount private, or other grant not subject to such (2) the audit includes as a basic financial of the payment which would otherwise be subsection. statement a comparison of audited actual made to take into account the period which (d) The Chief Financial Officer of the Dis- year-end results with the revenues submitted trict of Columbia shall prepare a quarterly begins on the day after the expiration of in the budget document for such year and such 45-day period and which ends on the day report setting forth detailed information re- the appropriations enacted into law for such the Court makes the payment. garding all Federal, private, and other year using the format, terminology, and (b) A payment described in this subsection grants subject to this section. Each such re- classifications contained in the law making is— port shall be submitted to the Council of the the appropriations for the year and its legis- (1) a payment authorized under section 11– District of Columbia and to the Committees lative history. 2604 and section 11–2605, D.C. Official Code on Appropriations of the House of Represent- SEC. 123. (a) None of the funds contained in (relating to representation provided under atives and Senate not later than 15 days this Act may be used by the District of Co- the District of Columbia Criminal Justice after the end of the quarter covered by the lumbia Corporation Counsel or any other of- Act); report. ficer or entity of the District government to (2) a payment for counsel appointed in pro- SEC. 120. (a) Except as otherwise provided provide assistance for any petition drive or ceedings in the Family Court of the Superior in this section, none of the funds made avail- civil action which seeks to require Congress Court of the District of Columbia under able by this Act or by any other Act may be to provide for voting representation in Con- chapter 23 of title 16, D.C. Official Code; or used to provide any officer or employee of gress for the District of Columbia. (3) a payment for counsel authorized under the District of Columbia with an official ve- (b) Nothing in this section bars the Dis- section 21–2060, D.C. Official Code (relating hicle unless the officer or employee uses the trict of Columbia Corporation Counsel from to representation provided under the District vehicle only in the performance of the offi- reviewing or commenting on briefs in private of Columbia Guardianship, Protective Pro- cer’s or employee’s official duties. For pur- lawsuits, or from consulting with officials of ceedings, and Durable Power of Attorney Act poses of this paragraph, the term ‘‘official the District government regarding such law- of 1986). duties’’ does not include travel between the suits. (c) The chief judges of the Superior Court officer’s or employee’s residence and work- SEC. 124. (a) None of the Federal funds con- of the District of Columbia and the District place, except in the case of— tained in this Act may be used for any pro- of Columbia Court of Appeals shall establish (1) an officer or employee of the Metropoli- gram of distributing sterile needles or sy- standards and criteria for determining tan Police Department who resides in the ringes for the hypodermic injection of any il- whether vouchers submitted for claims for District of Columbia or is otherwise des- legal drug. payments described in subsection (b) are ignated by the Chief of the Department; (b) Any individual or entity who receives complete, and shall publish and make such (2) at the discretion of the Fire Chief, an any funds contained in this Act and who car- standards and criteria available to attorneys officer or employee of the District of Colum- ries out any program described in subsection who practice before such Courts. bia Fire and Emergency Medical Services (a) shall account for all funds used for such (d) Nothing in this section shall be con- Department who resides in the District of program separately from any funds con- strued to require the assessment of interest Columbia and is on call 24 hours a day; tained in this Act. against any claim (or portion of any claim) (3) the Mayor of the District of Columbia; SEC. 125. None of the funds contained in which is denied by the Court involved. and this Act may be used after the expiration of (e) This section shall apply with respect to (4) the Chairman of the Council of the Dis- the 60-day period that begins on the date of claims received by the Superior Court of the trict of Columbia. the enactment of this Act to pay the salary District of Columbia or the District of Co- (b) The Chief Financial Officer of the Dis- of any chief financial officer of any office of lumbia Court of Appeals during fiscal year trict of Columbia shall submit by March 1, the District of Columbia government (in- 2003 and any subsequent fiscal year. 2004 an inventory, as of September 30, 2003, of cluding any independent agency of the Dis- SEC. 129. The Mayor of the District of Co- all vehicles owned, leased or operated by the trict of Columbia) who has not filed a certifi- lumbia shall submit to the Committees on District of Columbia government. The inven- cation with the Mayor and the Chief Finan- Appropriations of the House of Representa- tory shall include, but not be limited to, the cial Officer of the District of Columbia that tives and Senate, the Committee on Govern- department to which the vehicle is assigned; the officer understands the duties and re- ment Reform of the House of Representa- the year and make of the vehicle; the acqui- strictions applicable to the officer and the tives, and the Committee on Governmental sition date and cost; the general condition of officer’s agency as a result of this Act (and Affairs of the Senate quarterly reports ad- the vehicle; annual operating and mainte- the amendments made by this Act), includ- dressing the following issues— nance costs; current mileage; and whether ing any duty to prepare a report requested (1) crime, including the homicide rate, im- the vehicle is allowed to be taken home by a either in the Act or in any of the reports ac- plementation of community policing, the District officer or employee and if so, the of- companying the Act and the deadline by number of police officers on local beats, and ficer or employee’s title and resident loca- which each report must be submitted. The the closing down of open-air drug markets; tion. Chief Financial Officer of the District of Co- (2) access to substance and alcohol abuse SEC. 121. No officer or employee of the Dis- lumbia shall provide to the Committees on treatment, including the number of treat- trict of Columbia government (including any Appropriations of the House of Representa- ment slots, the number of people served, the independent agency of the District of Colum- tives and Senate by the 10th day after the number of people on waiting lists, and the ef- bia, but excluding the Office of the Chief end of each quarter a summary list showing fectiveness of treatment programs; Technology Officer, the Office of the Chief each report, the due date, and the date sub- (3) management of parolees and pre-trial Financial Officer of the District of Columbia, mitted to the Committees. violent offenders, including the number of and the Metropolitan Police Department) SEC. 126. (a) None of the funds contained in halfway house escapes and steps taken to im- may enter into an agreement in excess of this Act may be used to enact or carry out prove monitoring and supervision of halfway $2,500 for the procurement of goods or serv- any law, rule, or regulation to legalize or house residents to reduce the number of es- ices on behalf of any entity of the District otherwise reduce penalties associated with capes to be provided in consultation with the government until the officer or employee has the possession, use, or distribution of any Court Services and Offender Supervision conducted an analysis of how the procure- schedule I substance under the Controlled Agency for the District of Columbia;

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24PT1 S11926 CONGRESSIONAL RECORD — SENATE September 24, 2003 (4) education, including access to special available for use by OLRCB to reimburse the creased no more than 25 percent to an ac- education services and student achievement cost of providing the representation. count for unanticipated growth in revenue to be provided in consultation with the Dis- SEC. 137. None of the funds contained in collections. trict of Columbia Public Schools and the this Act may be made available to pay— (b) CONDITIONS OF USE.—The District of Co- District of Columbia public charter schools; (1) the fees of an attorney who represents a lumbia may obligate or expend these (5) improvement in basic District services, party in an action or an attorney who de- amounts only in accordance with the fol- including rat control and abatement; fends any action, including an administra- lowing conditions: (6) application for and management of Fed- tive proceeding, brought against the District (1) CERTIFICATION BY THE CHIEF FINANCIAL eral grants, including the number and type of Columbia Public Schools under the Indi- OFFICER.—The Chief Financial Officer of the of grants for which the District was eligible viduals with Disabilities Education Act (20 District of Columbia shall certify that an- but failed to apply and the number and type U.S.C. 1400 et seq.) in excess of $4,000 for that ticipated revenue collections support an in- of grants awarded to the District but for action; or crease in Other Type authority in the which the District failed to spend the (2) the fees of an attorney or firm whom amount request. amounts received; and the Chief Financial Officer of the District of (2) NOTICE REQUIREMENT.—The amounts (7) indicators of child well-being. Columbia determines to have a pecuniary in- may be obligated or expended only if the SEC. 130. No later than 30 calendar days terest, either through an attorney, officer or Mayor notifies the Committees on Appro- after the date of the enactment of this Act, employee of the firm, in any special edu- priations of the House of Representatives the Chief Financial Officer of the District of cation diagnostic services, schools, or other and the Senate in writing 30 days in advance Columbia shall submit to the appropriate special education service providers. of any obligation or expenditure. committees of Congress, the Mayor, and the SEC. 138. The Chief Financial Officer of the SEC. 141. (a) The amount appropriated by Council of the District of Columbia a revised District of Columbia shall require attorneys this Act may be increased by no more than appropriated funds operating budget in the in special education cases brought under the $15,000,000 from funds identified in the com- format of the budget that the District of Co- Individuals with Disabilities Act (IDEA) in prehensive annual financial report as the lumbia government submitted pursuant to the District of Columbia to certify in writing District’s fund balance. section 442 of the District of Columbia Home that the attorney or representative rendered (b) CONDITIONS ON USE.—The District of Co- Rule Act (D.C. Official Code, sec. 1–204.42), any and all services for which they receive lumbia may obligate or expend these for all agencies of the District of Columbia awards, including those received under a set- amounts only in accordance with the fol- government for fiscal year 2004 that is in the tlement agreement or as part of an adminis- lowing conditions: total amount of the approved appropriation trative proceeding, under the IDEA from the (1) CERTIFICATION BY THE CHIEF FINANCIAL and that realigns all budgeted data for per- District of Columbia: Provided, That as part OFFICER.—The Chief Financial Officer of the sonal services and other-than-personal-serv- of the certification, the Chief Financial Offi- District of Columbia shall certify that the ices, respectively, with anticipated actual cer of the District of Columbia require all at- use of any such amounts is not anticipated expenditures. torneys in IDEA cases to disclose any finan- to have a negative impact on the District of SEC. 131. None of the funds contained in cial, corporate, legal, memberships on boards Columbia’s long-term financial, fiscal, and this Act may be used to issue, administer, or of directors, or other relationships with any economic vitality. enforce any order by the District of Colum- special education diagnostic services, (2) PURPOSE.—The District of Columbia bia Commission on Human Rights relating to schools, or other special education service may only use these funds for the following docket numbers 93–030–(PA) and 93–031–(PA). providers to which the attorneys have re- expenditures: SEC. 132. None of the Federal funds made ferred any clients as part of this certifi- (A) Unanticipated one-time expenditures; available in this Act may be transferred to cation: Provided further, That the Chief Fi- (B) To address potential deficits; any department, agency, or instrumentality nancial Officer shall prepare and submit (C) Debt reduction; of the United States Government, except quarterly reports to the Committees on Ap- (D) Unanticipated program needs; or pursuant to a transfer made by, or transfer propriations of the Senate and the House of (E) To cover revenue shortfalls. authority provided in, this Act or any other Representatives on the certification of and (3) LOCAL LAW.—The amounts shall be obli- appropriation Act. the amount paid by the government of the gated or expended in accordance with laws SEC. 133. In addition to any other authority District of Columbia, including the District enacted by the Council in support of each to pay claims and judgments, any depart- of Columbia Public Schools, to attorneys in such obligation or expenditure. ment, agency, or instrumentality of the Dis- cases brought under IDEA: Provided further, (4) RECEIVERSHIP.—The amounts may not trict government may pay the settlement or That the Inspector General of the District of be used to fund the agencies of the District judgment of a claim or lawsuit in an amount Columbia may conduct investigations to de- of Columbia government under court-ordered less than $10,000, in accordance with the Risk termine the accuracy of the certifications. receivership. Management for Settlements and Judgments SEC. 139. Chapter 3 of title 16, District of (5) NOTICE REQUIREMENT.—The amounts Amendment Act of 2000 (D.C. Law 13–172; Columbia Code, is amended by inserting at may be obligated or expended only if the D.C. Official Code, sec. 2–402). the end the following new section: Mayor notifies the Committees on Appro- SEC. 134. All funds from the Crime Victims priations of the House of Representatives Compensation Fund, established pursuant to ‘‘SEC. 16–316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD LITEM. and the Senate in writing 30 days in advance section 16 of the Victims of Violent Crime of any obligation or expenditure. Compensation Act of 1996 (D.C. Law 11–243; ‘‘(a) When a petition for adoption has been (6) AVAILABILITY OF FUNDS.—Funds made D.C. Official Code, sec. 4–514) (‘‘Compensa- filed and there has been no termination or relinquishment of parental rights with re- available pursuant to this section shall re- tion Act’’), that are designated for outreach main available until expended. activities pursuant to section 16(d)(2) of the spect to the proposed adoptee or consent to the proposed adoption by a parent or guard- This Act may be cited as the ‘‘District of Compensation Act shall be deposited in the Columbia Appropriations Act, 2004’’. Crime Victims Assistance Fund, established ian whose consent is required under D.C. pursuant to section 16a of the Compensation Code section 16–304, the Court may appoint an attorney to represent such parent or SA 1784. Mr. ENSIGN submitted an Act, for the purpose of outreach activities, amendment intended to be proposed by and shall remain available until expended. guardian in the adoption proceeding if the SEC. 135. Notwithstanding any other law, individual is financially unable to obtain him to the bill H.R. 2765, making ap- the District of Columbia Courts shall trans- adequate representation. propriations for the government of the fer to the general treasury of the District of ‘‘(b) The Court may appoint a guardian ad District of Columbia and other activi- Columbia all fines levied and collected by litem who is an attorney to represent the ties chargeable in whole or in part the Courts in cases charging Driving Under child in an adoption proceeding. The guard- against the revenues of said District the Influence and Driving While Impaired. ian ad litem shall in general be charged with the representation of the child’s best inter- for the fiscal year ending September 30, The transferred funds shall remain available 2004, and for other purposes; which was until expended and shall be used by the Of- est. fice of the Corporation Counsel for enforce- ‘‘(c) An attorney appointed pursuant to ordered to lie on the table; as follows: ment and prosecution of District traffic alco- subsection (a) or (b) of this section shall be At the appropriate place, insert the fol- hol laws in accordance with section 10(b)(3) compensated in accordance with D.C. Code lowing: of the District of Columbia Traffic Control section 16–2326.01, except that compensation SEC. ll. NATIONAL DO-NOT-CALL REGISTRY. Act (D.C. Official Code, sec. 50–2201.05(b)(3)). in the adoption case shall be subject to the (a) FINDING.—Congress finds that the Fed- SEC. 136. From the local funds appropriated limitation set forth in D.C. Code section 16– eral Trade Commission was authorized under under this Act, any agency of the District 2326.01(b)(2).’’ section 3(a)(3)(A) of the Telemarketing and government may transfer to the Office of The table of sections for chapter 3 of title Consumer Fraud and Abuse Prevention Act Labor Relations and Collective Bargaining 16, District of Columbia Code, is amended by (15 U.S.C. 6102(a)(3)(A)) to compile and imple- (OLRCB) such amounts as may be necessary inserting at the end the following new item: ment a national do-not-call registry. to pay for representation by OLRCB in third- ‘‘Sec. 16–316. Appointment and compensation (b) RATIFICATION.—Congress hereby ratifies party cases, grievances, and dispute resolu- of counsel; guardian ad litem.’’. the do-not-call registry provision of the tion, pursuant to an intra-District agree- SEC. 140. (a) The amount appropriated by Telemarketing Sales Rule (16 CFR ment with OLRCB. These amounts shall be this Act as Other Type Funds may be in- 310.4(b)(1)(iii)(B)), which was promulgated by

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11927 the Federal Trade Commission, effective that the Permanent Subcommittee on Because of the limited time available March 31, 2003. Investigations of the Committee on for the hearing, witnesses may testify Governmental Affairs will hold a hear- by invitation only. However, those SA 1785. Mr. GRAHAM of South ing entitled ‘‘Privacy & Piracy: The wishing to submit written testimony Carolina (for himself and Mr. HOL- Paradox of Illegal File Sharing on for the hearing record should send two LINGS) submitted an amendment in- Peer-to-Peer Networks and the Impact copies of their testimony to the Com- tended to be proposed by him to the of Technology on the Entertainment mittee on Energy and Natural Re- bill S. 1584, making appropriations for Industry.’’ At the September 30 hear- sources, United States Senate, Wash- the Departments of Veterans Affairs ing, the Subcommittee intends to take ington, DC 20510–6150. and Housing and Urban Development, testimony regarding the music indus- For further information, please con- and for sundry independent agencies, try’s initial salvo of copyright infringe- tact Kellie Donnelly or Meghan Beal at boards, commissions, corporations, and ment lawsuits and its amnesty pro- 202–224–7556. offices for the fiscal year ending Sep- gram; what steps the music industry is f tember 30, 2004, and for other purposes; taking besides ligation to preserve its which was ordered to lie on the table; intellectual property in this digital AUTHORITY FOR COMMITTEES TO as follows: age; whether those steps unduly in- MEET At the end of title I, add the following: fringe upon consumer’s privacy rights; COMMITTEE ON ARMED SERVICES SEC. 116. Notwithstanding paragraph (2) of how peer-to-peer networks plan to Mr. DEWINE. Mr. President, I ask section 8163(c) of title 38, United States Code, move from a business model predicated unanimous consent that the Com- the Secretary of Veterans Affairs may enter mittee on Armed Services be author- into an enhanced-use lease with the Medical upon stealing copyrighted works to a University Hospital Authority, a public au- business model based upon trading li- ized to meet during the session of the thority of the State of South Carolina, for censed music, movies and software; Senate on Wednesday, September 24, approximately 0.48 acres of underutilized how the illegal trading of copyrighted 2003, at 9:45 a.m., in open session, to re- property at the Charleston Department of works has hurt the music industry; and ceive testimony on the report of the Veterans Affairs Medical Center, Charleston, how to inform and educate a whole panel to review sexual misconduct alle- South Carolina, at any time after 30 days generation of children and young gations at the United States Air Force after the date of the submittal of the notice adults that trading copyrighted music Academy. required by paragraph (1) of that section on peer-to-peer networks is illegal. The PRESIDING OFFICER. Without with respect to such property. The Secretary objection, it is so ordered. is not required to submit a report on the The hearing will take place on Tues- lease as otherwise required by paragraph (4) day, September 30, 2003, at 10 a.m. in COMMITTEE ON FOREIGN RELATIONS of that section. room 342 of the Dirksen Senate Office Mr. DEWINE. Mr. President, I ask Building. For further information, unanimous consent that the Com- SA 1786. Mr. PRYOR (for himself, Mr. please contact Raymond V. Shepherd mittee on Foreign Relations be author- BREAUX, and Mr. LEAHY) submitted an III, Staff Director of the Sub- ized to meet during the session of the amendment intended to be proposed to committee, at 224–3721. Senate on Wednesday, September 24, amendment SA 1783 proposed by Mr. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS 2003 at 9:30 a.m. to hold a hearing on DEWINE (for himself and Ms. LANDRIEU) Mr. COLEMAN. Mr. President, I Iraq: Next Steps. to the bill H.R. 2765, making appropria- would like to announce for the infor- The PRESIDING OFFICER. Without tions for the government of the Dis- mation of the Senate and the public objection, it is so ordered. trict of Columbia and other activities that the Permanent Subcommittee on COMMITTEE ON FOREIGN RELATIONS chargeable in whole or in part against Investigations of the Committee on Mr. DEWINE. Mr. President, I ask the revenues of said District for the fis- Governmental Affairs will hold a field unanimous consent that the Com- cal year ending September 30, 2004, and hearing in Minnesota entitled ‘‘SARS: mittee on Foreign Relations be author- for other purposes; which was ordered Is Minnesota Prepared?’’ This hearing ized to meet during the session of the to lie on the table; as follows: will be the third hearing the Sub- Senate on Wednesday, September 24, At the appropriate place, insert the fol- committee has conducted on the issue 2003 at 2:30 p.m. to hold a hearing on lowing: of Severe Acute Respiratory Syndrome Iraq: Next Steps. SEC. ll. NATIONAL DO-NOT-CALL REGISTRY. (SARS). At this field hearing, the Sub- The PRESIDING OFFICER. Without (a) FINDING.—Congress finds that the Fed- committee will focus on what Min- objection, it is so ordered. eral Trade Commission was authorized under nesota has done to prepare for a pos- COMMITTEE ON GOVERNMENTAL AFFAIRS section 3(a)(3)(A) of the Telemarketing and sible outbreak of SARS this year and Mr. DEWINE. Mr. President, I ask Consumer Fraud and Abuse Prevention Act what still needs to be done; how the unanimous consent that the Com- (15 U.S.C. 6102(a)(3)(A)) to compile and imple- ment a national do-not-call registry. Federal Government can help; and how mittee on Governmental Affairs be au- (b) RATIFICATION.—Congress hereby ratifies schools, businesses and communities thorized to meet on Wednesday, Sep- the do-not-call registry provision of the should respond when someone they tember 24, 2003, at 9:30 a.m. for a hear- Telemarketing Sales Rule (16 CFR know develops a possible case of SARS. ing titled ‘‘Penalty for Public Service: 310.4(b)(1)(iii)(B)), which was promulgated by The hearing will take place on Do the Social Security Government the Federal Trade Commission, effective Wednesday, October 8, 2003, at 10 a.m. Pension Offset and Windfall Elimi- March 31, 2003. at the University of Minnesota in Min- nation Provision Unfairly Discriminate f neapolis, MN. For further information, Against Employees and Retirees?’’ NOTICES OF HEARINGS/MEETINGS please contact Joseph V. Kennedy of The PRESIDING OFFICER. Without the Subcommittee staff at 224–4198. objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS SUBCOMMITTEE ON WATER AND POWER COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. CAMPBELL. Mr. President, I Ms. MURKOWSKI. Mr. President, I AND PENSIONS would like to announce that the Com- would like to announce for the infor- Mr. DEWINE. Mr. President, I ask mittee on Indian Affairs will meet on mation of the Senate and the public unanimous consent that the Com- Thursday, September 25, 2003, at 10 that a hearing has been scheduled be- mittee on Health, Education, Labor, a.m. in room 562 of the Dirksen Senate fore the Subcommittee on Water and and Pensions be authorized to meet for Office Building to conduct a hearing on Power of the Committee on Energy and a hearing on Intellectual Diversity dur- the reauthorization of the Head Start Natural Resources. ing the session of the Senate on Program. The hearing will be held on Thurs- Wednesday, September 24, 2003 at 10 Those wishing additional information day, October 30 at 2:30 p.m. in room a.m. in SD–430. may contact the Indian Affairs Com- SD–366 of the Dirksen Senate Office The PRESIDING OFFICER. Without mittee at 224–2251. Building. objection, it is so ordered. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS The purpose of the hearing is to ex- COMMITTEE ON INDIAN AFFAIRS Mr. COLEMAN. Mr. President, I amine S. 1097, a bill to authorize the Mr. DEWINE. Mr. President, I ask would like to announce for the infor- Secretary of the Interior to implement unanimous consent that the Com- mation of the Senate and the public the Calfed Bay-Delta Program. mittee on Indian Affairs be authorized

VerDate jul 14 2003 01:44 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.034 S24PT1 S11928 CONGRESSIONAL RECORD — SENATE September 24, 2003 to meet on Wednesday, September 24, The PRESIDING OFFICER. Without Commission on Law and Aging, Amer- 2003, at 10 a.m. in room 485 of the Rus- objection, it is so ordered. ican Bar Association, Washington, sell Senate Office Building to conduct SUBCOMMITTEE ON CRIME, CORRECTIONS AND D.C., AARP, Washington D.C. a hearing on S. 1601, the Indian Child VICTIMS’ RIGHTS The PRESIDING OFFICER. Without Protection and Family Violence Pre- Mr. DEWINE. Mr. President, I ask objection, it is so ordered. vention Act of 2003. unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on the Judiciary Subcommittee f objection, it is so ordered. on Crime, Corrections and Victims’ SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE Rights be authorized to meet to con- ADJOURNMENT UNTIL 9:30 A.M. AND NUCLEAR SAFETY duct a hearing on ‘‘Elder Abuse, Ne- TOMORROW Mr. DEWINE. Mr. President, I ask glect and Exploitation: Are we doing The PRESIDING OFFICER. Under unanimous consent that the Sub- enough?’’, on Wednesday, September the previous order, the Senate stands committee on Clean Air, Climate 24, 2003, at 2:30 p.m. in SD226. adjourned until Thursday, September Change, and Nuclear Safety be author- Panel 1: Daniel L. Mihalko, Inspector 25, at 9:30 a.m. ized to meet on Wednesday, September In Charge, Congressional and Public There being no objection, the Senate, 24, at 9 a.m. to examine the findings of Affairs, United States Postal Service, at 6:50 p.m., adjourned until Thursday, the General Accounting Office con- Washington, D.C.; Honorable James G. September 25, 2003, at 9:30 a.m. cerning the Federal Emergency Man- Huse, Jr., Inspector General Social Se- agement Agency’s financial allocations curity Administration, Washington, f and activities after the terrorist at- D.C. tacks on September 11, and to conduct Panel 2: Honorable Christopher CONFIRMATION oversight on the Federal Emergency Chiles, Prosecutor, Cabell County, WV, Executive nomination confirmed by Management Agency’s effectiveness Vice President, National District At- the Senate September 24, 2003: since becoming part of the Department torney’s Association; James Wright, THE JUDICIARY of Homeland Security. Director of TRIAD, National Sheriff’s LARRY ALAN BURNS, OF CALIFORNIA, TO BE UNITED The hearing will take place in SD 406, Association, Alexandria, VA; Lori A. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT hearing room. Stiegel, J.D., Associate Staff Director, OF CALIFORNIA.

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